HomeMy WebLinkAbout04-07-2005 Planning and Zoning Commission
PLANNING AND ZONING COMMISSION
Monday, April 4, 2005 -7:30 PM
Informal Meeting
Robert A. Lee Community Recreation Center
Meeting Room B
220 S. Gilbert Street
Thursday, April 7, 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. Rezoning/Comprehensive Plan:
1. Consider setting a public hearing for April 21 on an amendment to the Comprehensive Plan
to amend the South Central District Plan to change the future land use map designation and
plan text to change the Aviation Commerce Park designation from Intensive Commercial to
Retail! Community Commercial.
2. REZ05-00004 Discussion of an application submitted by City of Iowa City for a rezoning of
approximately 54 acres from Public Intensive Commercial (P!CI-1) zone to Community
Commercial (CC-2) zone for property located on Ruppert Road.
(45-day limitation period: April 24)
D. Rezoning/Subdivision Items:
1. REZ05-00002!SUB05-00005 Discussion of an application submitted by Steve Kohli for a
rezoning from Interim Development Single-Family Residential (ID-RS) zone to Low Density
Single-Family Residential (RS-5) zone and Medium Density Single-Family Residential (RS-8)
zone and a preliminary plat of Brookwood Pointe, a 29.2 acre, 106-lot residential subdivision
located west of Sycamore Street, south of Wetherby Drive, and north of Dickenson Lane.
(45-day limitation period: April 15)
2. REZ004-00017!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, a 76-lot residential subdivision (38
single-family lots and 38 attached zero-lot line lots) on 25.67 acres of property located on
Wintergreen Drive.
E. Subdivision Items:
1. SUB05-00001 Discussion of an application submitted by James Davis for a final plat of JJR
Davis Second Addition, a 14.76 acre, four-lot commercial subdivision located east of Mormon
Trek Boulevard, south of Highway 1. (45-day limitation period: April 24)
2. SUB05-00002 Discussion of an application submitted by James Davis for a final plat of JJR
Davis Third Addition, a 5.05 acre, two-lot commercial subdivision located on the east side of
Mormon Trek Boulevard, north of its intersection with Dane Road.
(45-day limitation period: April 24)
3. SUB05-00007 Discussion of an application submitted by Casey Mahon for a preliminary and
final plat of Ashton Place, a 2.6 acres, two-lot residential subdivision located at 39
Normandy Drive and 820 West Park Road. (45-day limitation period: May 1)
F. Other Items:
G. Consideration of the March 17,2005 Meeting Minutes.
H. Adjournment.
Informal
Formal
June 13
June 16
**May 30 Informal Meeting is cancelled due to Memorial Day.
STAFF REPORT
To: Planning and Zoning Commission
Prepared by: John Yapp
Item: REZ05-00004 Aviation Commerce Park
Date: April 7, 2005
GENERAL INFORMATION:
Applicant:
City of Iowa City
Planning and Community Development
410 E. Washington Street
Iowa City, fA 52240
Phone: 356-5230
Property Owner:
City of Iowa City
Purpose:
To allow the Aviation Commerce Park
property to develop as a retail-oriented
shopping center.
Location:
Ruppert Road area, south of Highway 1,
north of the Iowa City Municipal Airport.
Property Size:
Approximately 54 acres
Existing Land Use and Zoning:
Undeveloped; P/CI-1
Surrounding Land Use and Zoning:
North: Commercial, CI-1
South: Public Airport
East: Commercial; CC-2
West: Commercial; CI-1& CC-2
Comprehensive Plan:
The Comprehensive Plan identifies this
property as General Commercial. The South
Central District Plan identifies this property
as Intensive or Highway Commercial.
File date:
March 10, 2005
45-day limitation period:
April 24, 2005
BACKGROUND INFORMATION:
The Aviation Commerce Park was subdivided in 2000, and infrastructure was constructed to allow
for commercial development on property along the north side of the Iowa City Municipal Airport.
This area is currently zoned P/CI-1, Intensive Commercial. The Intensive Commercial zoning was
established because it was thought to be a zone that could attract airport-related service and
storage businesses, and other similar uses that do not require visibility from Highway 1. Since the
Aviation Commerce Park was established, none of the lots have been sold or leased.
2
Recently the City Council agreed to sell a portion of the Aviation Commerce Park to a large
retailer, which would likely make the remainder of the Aviation Commerce Park attractive for other
retail-related businesses. For retail businesses to be permitted, the Aviation Commerce Park is
proposed to be rezoned to CC-2, Community Commercial.
ANAL YSIS:
Comprehensive Plan
The general Comprehensive Plan, adopted in 1997, identifies properties on the south side of
Highway 1, including the Aviation Commercial Park, as General Commercial. The South Central
District (SCD) Plan, adopted in 2000, reflects the current zoning designation of the Aviation
Commerce Park and identifies it as Intensive or Highway Commercial on the future land use map.
The SCD Plan reflects the thinking at the time Aviation Commerce Park was established, and
states "Intensive commercial development and zoning are planned for most of the 54-acre Airport
North Commercial Park. . ."
To be consistent with this proposed rezoning from CI-1 to CC-2, the South Central District Plan
land use map should be changed to reflect Retail ! Community Commercial land use for this
property, and incidental changes to the text of the SCD Plan are necessary to reflect the change
in the map.
A separate memo and recommendation for the change to the South Central District Plan map and
text, to be consistent with the intent to use this property for a retail development, will be forwarded
to the Commission for its April 21 meeting.
Transportation
With a rezoning to CC-2, Community Commercial, this property has the potential to attract and
generate more vehicular and pedestrian traffic than would be expected with intensive commercial
development. There is an existing traffic signal serving the Highway 1 ! Ruppert Road
intersection, including turn lanes on Highway 1.
As part of the purchase agreement for the property, the City is requiring that any realignment of
Ruppert Road will be done at the buyers expense; an enhanced left turn lane from Ruppert Road
to Highway 1 will be constructed; and $100,000 will be contributed for any other off-site
improvements required, including items such as pedestrian facilities, turn lanes or possible
signalization of the Ruppert Road ! Riverside Drive intersection, or other improvements
necessitated as a consequence of developing this property. As this is City property until sold, any
other off-site improvements beyond the $100,000 cost would be done at the city's expense.
Public Transit
Iowa City Transit provide access to the Highway 1 corridor in this area. As part of the Westport
Plaza route, bus stops are currently located at the Ruppert Road! Cub Foods access drive, and
on both the north and south sides of the Ruppert Road I Highway 1 intersection. The bus needs
to travel back onto Highway 1 from Ruppert Road to serve multi-family properties with frontage on
Highway 1, north of the Aviation Commercial Park. According to the Iowa City Transit Manager, if
accommodations are made for pedestrian access from multi-family properties on the north side of
Ruppert Road, the bus route may be modified to more directly serve the Ruppert Road corridor,
particularly if retail commercial development occurs. Because retail commercial development
U:\rezoningslAviation commercial park rezoning.doc
3
attracts more pedestrian traffic, there is a rationale for pedestrian routes from the bus stops to the
commercial destinations to be established.
Pedestrian Connections
The SCD Plan notes "pedestrian walkways are virtually nonexistent in this subarea." Besides
needing pedestrian access to bus stops, the SCD Plan notes that pedestrian access is an issue
with retail commercial development. The large multi-family development on the north side of
Highway 1 is a pedestrian generator, as is the surrounding residential neighborhood on the
north side of Highway 1. The Southwest District Plan, in addressing how commercial properties
on the south side of Highway 1 are disconnected from residential areas on the north side of
Highway 1, states "there is a lack of safe pedestrian and bicycle facilities along and across
Highway 1. Constructing sidewalks and adding pedestrian signals at signalized intersections
should be a priority."
Staff recommends that pedestrian connections from the Ruppert Road! Highway 1 intersection
along Ruppert Road and to the entrance to commercial buildings to be developed in the
Aviation Commerce Park be required. Pedestrian routes within the public right-of-way will be
identified with a re-subdivision of the property. Staff recommends pedestrian routes from the
public right-of-way to each commercial building be identified as part of the site plan submittal as
each lot is proposed for development.
Landscaping
As noted above, the SCD Plan recommends that landscaping be upgraded as part of retail
commercial redevelopment. Because development of Aviation Commerce Park for retail
development will have an impact on traffic flow and the redevelopment potential of other
properties in this vicinity, landscaping needs to be considered.
In addition to the parking lot and right-of-way trees normally required, staff recommends that
area not taken up by buildings, parking or vehicular or pedestrian use areas be landscaped with
trees, shrubs or other plant materials, and that a landscaping plan sheet be submitted with each
site plan for properties within the Aviation Commerce Park. The landscaping plan should
address screening of parking areas, loading docks, outdoor storage and dumpsters. While this
requirement would duplicate some existing landscaping standards, it goes a step further by
requiring some attention to landscaping be paid to all areas not used by the building or required
parking, loading and access paving. This will help improve the appearance generally of this
commercial corridor.
Aviation Commerce Park I Airport Commission
When the Aviation Commerce Park was first established, the intention was to try to attract uses
that had some direct or indirect relationship to the airport or other businesses in the vicinity.
This has not occurred. The Airport Commission has recommended approval of the City selling
a portion of this property to a retail developer.
Summary
The City is initiating the rezoning of Aviation Commerce Park from CI-1, Intensive Commercial
to CC-2, Community Commercial in order to facilitate the sale of a portion of the property to a
large retailer, and development of the remainder of the property with retail uses. Because the
U:\rezoningslAviation commercial park rezoning.doc
4
South Central District Plan map identifies this property as Intensive or Highway Commercial, it
needs to be changed in conjunction with this rezoning. In approximately five years, no lots in
Aviation Commerce Park have been able to be leased or sold for intensive commercial
development. Consistent with the SCD Plan policies regarding retail commercial development,
staff is recommending a Conditional Zoning Agreement related to pedestrian connections and
landscaping expectations. Because the property is owned by the City, the Conditional Zoning
Agreement will be an agreement between the City and itself, and will be passed on to future
buyers of the property.
STAFF RECOMMENDATION:
Staff recommends REZ05-00004 a request to rezone approximately 54 acres from P/CI-1,
Intensive Commercial to CC-2, Community Commercial fQr property located along Ruppert Road,
be approved, subject to a Conditional Zoning Agreement addressing:
1. Sidewalks to be installed on Ruppert Road from Highway 1 south to a sidewalk system in
Aviation Commerce Park, including pedestrian crosswalks and pedestrian signals at the
Ruppert Road I Highway 1 intersection.
2. Pedestrian walkways to be provided between the principal buildings on each lot and the public
sidewalk system, to be identified and reviewed as part of the site plan review process for each
lot.
3. A landscaping plan being required as part of the site plan review process, showing how
parking areas, loading docks, outdoor storage, dumpsters are screened from view, and the
landscaping of other areas of the site not taken up by required paving or building areas.
4. The preliminary plat indicating necessary improvements to the Ruppert Road I Highway 1
intersection and the Ruppert Road I iverside Drive intersection.
Franklin, Director,
rtment of Planning and Community Development
ATTACHMENTS:
1. Location map
U:\rezoningslAviation commercial park rezoning.doc
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SITE LOCATION: Aviation Commerce Park
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To:
Planning &Zoning Commission
Item: REZ05-0002
SUB05-0005 Preliminary Plat
BrookWood Pointe
General Information:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45-Day Limitation Period:
Special Information:
Public Utilities:
STAFF REPORT
Prepared by: Sunil Terdalkar
Date: April 07, 2005
Steve Kohli
3129 Dubuque St NE
Iowa City IA 52240
Amy Ashbacker
Van Winkle Jacob
2570 Holiday Road
Coralville, IA 52241
338-4939
Rezoning from ID-RS to part RS-5 and part RS-8
Preliminary Plat for a subdivision of 106 lots
Development of BrookWood Pointe subdivision
South Sycamore Street - to the South-East of
Wetherby Park and North of South Point
Subdivision
Approximately 29.26 acres
ID-RS - Agricultural
North: Residential - RS-5
South: Residential- RS-8
East: Residential - RS-5
West: Park and undeveloped - P and OPDH-5
The South District Plan 'small lot single family
and/or duplex' type development for this area
March 21,2005
May 05,2005
Sanitary sewer and water lines are available
adjacent to this property and will be extended
through the property with this development.
Approximately 2.86 acre of this property is served
by the Sycamore Regional Storm Water Drainage
System.
2
Public Services:
Police and fire protection will be provided by the
City. Refuse and recycling collection will also be
provided by the City. Transit routes Lakeside Route
and Eastside Loop serve this area with the nearest
stop located approximately 2 blocks north on
Sycamore Street.
Background Information:
The applicant, Steve Kohli, is requesting a rezoning from ID-RS - Interim Development
Residential, to RS-5 - Low Density Single Family Residential (10.92 acres) and RS-8 - Medium
Density Single Family Residential Zone (18.34 acres); and a preliminary plat of BrookWood
Pointe, a subdivision of 106 lots. The property, of an approximate area 29.26 acres, is located
on the West side of Sycamore Street, and is bounded by Hollywood Manor Subdivision on the
North, Wetherby Park and Sandhill Estates Subdivision on the West and South Pointe
subdivision on the South.
Zoning Analysis:
Compliance with Comprehensive Plan
The South Distract Plan aims to achieve a mix of housing types - small apartments,
townhouses located appropriately adjacent to arterial streets, neighborhood commercial
centers, institutional uses, open spaces, and trails; and with appropriate designs to suit the
surrounding single-family housing. This particular property is part of the Sycamore East sub-
area within the South District. The Future Land Use scenario identifies this area as appropriate
for low to medium density single-family residential development. The neighboring subdivisions
mostly consist of single-family detached lots zoned RS-8 and RS-5. In staff's view proposed
RS-5 zoning for the northern part of the property will provide a good transition from the existing
RS-5 neighborhood to the north and the RS-8 zone to the south. This zoning pattern complies
with the Comprehensive Plan's policy of encouraging a diversity of housing.
The Plan also encourages the development of a trail and sidewalk network within the South
District. As proposed in the South District Plan an 8-foot wide side walk along Terrapin Court, a
portion of Russell Drive and Covered Wagon Drive will provide a trail connection through this
property to the trail network. In staff's view the proposed rezoning request is in general
conformance with the Comprehensive Plan and is compatible with the surrounding
neig h borhoods.
Traffic implications
At this location, Sycamore Street is currently a chip-seal road with a traffic count of 1690
vehicles per day (2002 count). In March the City Council added the improvement of Sycamore
Street to Fiscal Year 2009 of the Capital Improvements Plan. Similar to recent rezoning cases,
a proportionate share of the cost of improvement of Sycamore Street should be borne by this
development. Based on the formula used for other similar subdivisions the cost related to the
street improvement to be shared by the proposed BrookWood Pointe subdivision is estimated
at $313.39 per acre, a total of $9,169.65 for 29.26 acres. Because improvements to Sycamore
Street will not begin until 2008-2009 there will be a 3 to 4 year period when development of this
subdivision will be occurring on the unimproved street. Although this situation is not ideal, in
staff's opinion it is acceptable as a temporary condition.
To allow the reconstruction of Sycamore Street the preliminary plat includes a 20 feet wide
temporary construction easement.
3
To minimize increased traffic and the construction vehicles though the residential neighborhood
streets the subdivision should have access through Sycamore Street in the initial phase of
construction; as noted Sycamore Street will be upgraded in FY 2009. In order to facilitate the
construction of necessary infrastructure - sanitary and stormwater drainage phase one of the
subdivision should include the construction of the stormwater basin and an easement should be
provided to construct sanitary sewer from South Pointe subdivision (at Russell Drive) to Sandhill
Estates (at Covered Wagon Drive).
Subdivision Analysis
The applicant has also requested preliminary plat approval of BrookWood Pointe, a 106-lot
subdivision. The request is contingent on the decision of the rezoning of the property.
The proposed subdivision is accessible from Sycamore Street on the East and Russell Drive from
South and North. The preliminary plat shows proposed completion of North-South Russell Drive
and is connected to Covered Wagon Drive extending from the West. A new street Terrapin Court
connects Covered Wagon Drive and Russell Drive to Sycamore Street on the East. Vesti Lane,
running East-West also connects Russell Drive and Sycamore Street, while Ashland Court, which
also runs East-West ends in a cul-de-sac. As discussed above, a trail is proposed along Covered
Wagon Drive, Terrapin Court and Russell Drive, which will be part of the trail network connecting
Napoleon Park and Sycamore Greenway. In staff's view, this street design adheres to the
Comprehensive Plan policy of building neighborhoods with an interconnected street system.
The proposed lots along Sycamore Street are double fronting lots with frontage on two streets.
The subdivision regulations discourage such lots. The Comprehensive Plan indicates that
where such lots can not be avoided, dense landscaping or earthen berms should be used
rather than tall privacy fences, to buffer the rear yards from the arterial street. The preliminary
plat includes a landscaping plan with a mix of evergreen trees and deciduous trees and hedges
to be planted proximately 15 feet west of the street right-of-way. Because the plantings will be
within the construction easement that will be graded during the reconstruction of Sycamore
Street, the applicant will pay the City the estimated cost of landscaping and the City will plant
the trees and hedge as part of the Sycamore Street reconstruction project. To assure that
fences are not built within the construction easement or on the street side of the landscaping,
staff recommends that the legal papers for the final plat specify that privacy fencing will be set
back at least 20 feet from Sycamore Street.
Sensitive areas
The site for the subdivision contains Hydric Soils, which may require sump pumps in the
basements and special construction of streets to assure proper drainage. Construction plans at
the time of the final plat will need to address construction in these soil conditions. Existence of
Hydric Soils does not trigger the requirement for Sensitive Areas Overlay zoning. There are no
other sensitive environmental features identified on the property.
Storm water management
Outlot A, covering an area of 1.27 acres on the south-west corner of the subdivision, is shown
for the use of stormwater management facility. Storm water from some lots along Sycamore
Street will drain into the new Sycamore Regional Stormwater system. Fees for the stormwater
system are: $2,775.68 per acre (Total 2.86 acres x $2,775.68/acre =7,936.40). Payment of
these fees should be addressed in the legal papers at the time of final plat approval.
To address concerns about existing drainage in the adjacent South Pointe subdivision, the
preliminary plat includes an easement with a swale or berms along the south boundary line. This
will prevent the stormwater draining into properties in the South Pointe subdivision.
4
Neighborhood Open Space
Based on the Neighborhood Open Space Ordinance, a subdivision of this size is required to
dedicate 0.95 acres of open space or pay fees in lieu of dedication. Given this subdivision's
proximity to Weatherby Park, the Director of the Parks and Recreation Department anticipates
that the Parks and Recreation Commission will prefer fees to be applied to improvements to
Wetherby Park. The plat has been referred to the Parks and Recreation Commission for
comments.
Infrastructure Fees
Tap-on fees for sewer: $1,796 per acre (Total 29.26 acres x $1 ,796.5/acre =52,560.20)
Water main extension fee: $395 per acre (Total 29.26 acres x $395/acre =11,556.52)
Payment of these fees should be addressed in the legal papers at the time of final plat
approval.
Staff Recommendation:
Staff recommends approval for REZ05-0002, rezoning of approximately 29.26 acres located
west of Sycamore Street from ID-RS to RS-5 (10.92 acres) and RS-8 (18.34 acres) subject to:
1) A Conditional Zoning Agreement which specifies payment toward appropriate cost share for
Sycamore Street Improvements;
2) Outlot A stormwater management facility being built with Phase 1 and
3) An easement created to facilitate a sanitary sewer line to be extended to Sandhill Estates
subdivision from South Pointe subdivision.
Staff recommends that SUB05-0005, a preliminary plat of BrookWood Pointe, a 106-lot,
approximately 29.26-acre residential subdivision located west of Sycamore Street, be approved.
Approved by:
Karin ranklin, Director,
Depa ment of Planning and Community Development
S:\PCD\Staff Reports\REZ05-0002-Brookwood Pointe.doc
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City of Iowa City
MEMORANDUM
Date: March 31, 2005
To: Planning and Zoning Commission
From: Robert Miklo
Re: REZ04-00017/SUB04-00017
The applicant has submitted a revised Preliminary Plat and Planned Development Overlay Plan
for Village Green Part XXIII and XXIV for the Commission's reconsideration. The revised plan
includes 38 single-family lots (lots 65-79, 98-103, and 126-140) and 38 zero-lot line lots (lots
80-97 and 106-125). This is reduction of'6 zero-lot line lots when compared to the previous
plan reviewed by the Commission. The zero-lot line lots have been removed from the areas to
the south of Chelsea Court and east of Richmond Lane. The design of the central zero-lot lines
with access to the private alley has not changed.
As noted in previous staff reports neighborhood open space and water main extension fees
apply to this subdivision and will need to be addressed in the legal papers at time of final plat
approval.
The City Engineer has identified errors on the preliminary plat that must be oorrécted pdor to
the Commission's vote.
STAFF RECOMMENDATION:
Upon correction of the preliminary plat staff recommends that REZ004-00017/SUB04-00017 a
rezoning from Low Density Single-Family Residential (RS-5) zone to Planned Deve.lopment
Housing Overlay - Low Density Single-Family Residential (OPDH-5) zone and a preliminary
plat of Village Green, Part XXIII and XXIV, a 76-lot residential subdivision (38 single-family lots
and 38 attached zero.-Iot line lots) on 25.67 acres of property located on Wintergreen Drive be
approved.
ATTACHMENTS:
Preliminary Plat and OPDH plan
~
K in Franklin, Director,
partment of Planning and
Community Development
S\pcd\staffreports\REZ04-o0017villagegreen
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Areas Site Plan
Parts XXIII & XXIV
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IOWA CITY, IA
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To: Planning & Zoning Commission
STAFF REPORT
Item: SUB05-00001 JJR Davis Second Addition
GENERAL INFORMATION:
Applicant:
Applicant's Engineer:
Applicant's Attorney:
Req uested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45-Day Limitation Period:
Prepared by: John Yapp
Date: April 7, 2005
James R. Davis, Robert A Davis
Jan Ellen Smith, c/o James R. Davis
4097 Kitty Lee Road
Iowa City, IA 52240
Phone: 338-5327
MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
Phone: 351-8282
Thomas Gelman
321 E. Market Street
Iowa City, IA 52245
Phone: 354-1104
Final plat approval
An four lot commercial subdivision, with
one outlot reserved for future development
East of Mormon Trek Boulevard, south of
Highway 1
14.76 acres
Undeveloped, CI-1
North: Airport property; P
South: Undeveloped; CI-1
East: Residential, Agricultural; County RS
West: Commercial & undeveloped; CH-1
The South Central District Plan identifies
this area as appropriate for intensive or
highway commercial development.
March 10, 2005
April 24, 2005
2
BACKGROUND INFORMATION:
This property was annexed to Iowa City in 2003, as part of a larger annexation including property
on the west side of Mormon Trek Boulevard and properties owned by the Iowa City Municipal
Airport. The extension of Mormon Trek Boulevard and associated public utilities were recently
completed adjacent to this property, providing the infrastructure to support commercial
development.
This property is zoned CI-1, Intensive Commercial, which is a zone intended to provide for those
businesses characterized by outdoor display, storage and/or sales of merchandise, repair of
motor vehicles, and other operations conducted in buildings that may not be completely enclosed
such as contractor pre-assembly yards, hardware stores, etc. The CI-1 zone also allows office
uses. A preliminary plat was approved in November, 2004.
ANAL YSIS:
Subdivision design
The subdivision consists of four lots accessed from two streets, Grace Drive and Eagle View
Drive. Grace Drive is a new collector street intended to continue to the east and south-east to
provide access to the property to the east, and to eventually connect back to Mormon Trek
Boulevard. Eagle View Drive is an existing chip-seal street that is proposed to be reconstructed
as a city local street. Old Dane Road borders the eastern edge of the subdivision. This is
proposed to remain a rural-design road at this time. As discussed during the approval process of
the Preliminary Plat, the legal papers should specify the developer / subdivider will be required to
contribute funds (1/2 the cost of reconstructing Dane Road) toward the future reconstruction of
Dane Road to city local street standards. This segment of Dane Road will be required to be
reconstructed at the time the property to the east is annexed to the City and is proposed for
development. Dane Road is to become a local/ commercial urban street connecting Eagle View
Drive and Grace Drive
Access control
Consistent with the preliminary plat, a note states that Lots 1, 3 and 4 will not have direct driveway
access to Mormon Trek Boulevard. This meets the City's access control policy of limiting access
to arterial streets, which has safety and traffic circulation benefits.
Storm water management
The storm water basin is located on the south-eastern side of this property, within a portion of
Outlot A. This basin serves the Carousel Motors property, and is adequate to serve this property
as well.
Airport I Federal Aviation Administration concerns
This subdivision is adjacent to the Iowa City Municipal Airport, which is in the design stage of
extending Runway 7 to the south west. Much of the northern portion of the subdivision is
affected by the 'Transitional Overlay' Zone of Runway 7, which is a sloping imaginary plane
sloping up from the sides of the Approach Overlay Zone. An airspace study for development
underneath the Transitional Overlay Zone will need to be approved by the FAA to ensure the
Ilcitynt\jyapp$lsubdivisionslDavis 2 Addition final.doc
3
development does not penetrate the Transitional Overlay Zone, and to ensure the development
includes appropriate object markers and warning lights so pilots can differentiate between the
runway and the private development, particularly on rainy or foggy days. For example,
Carousel Motors on the west side of Mormon Trek Boulevard has red warning lights on its roof
and signs. Staff is recommending the airspace study for the infrastructure in this develbpment,
specifically Grace Drive, be approved by the FAA prior to the construction plans being approved
by the City, and prior to Council consideration.
Water main and sanitary sewer extension fee
A water main extension fee of $395 / acre will be required. A sanitary sewer tap-on fee of
$3,986.12 / acre will be required. These fees are required to help off-set costs to the public for
extending water and sanitary sewer mains to developing property.
STAFF RECOMMENDATION:
Staff recommends that SUB05-00001, a final plat of JJR Davis Second Addition, a 14.76 acre,
four-lot commercial subdivision, be approved, subject to legal papers and construction plans being
approved prior to Council consideration.
ATTACHMENTS:
1. Location map
2. Final plat
ranklin, Director,
rtment of Planning and Community Development
\\citynt\jyapp$lsubdivisions\Davis 2 Addition final.doc
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.J.JR Davis Second Addition
Iowa City, Iowa
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: JOYA CITY. roYA, 52240
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_ R. Da'rio, Robert A. Dam
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<4011'1 IItty Lee IIoed
_ City, _ 52240
0_ A'ITO\IIIEY'
1IIomu H. Gelman
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PART J.
PLAT/PLAII APPIIOUD
by the
City of Iowa City
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: John Yapp
Item: SUB05-00002 JJR Davis Third Addition
Date: April 7, 2005
GENERAL INFORMATION:
Applicant:
James R. Davis, Robert A Davis
Jan Ellen Smith, c/o James R. Davis
4097 Kitty Lee Road
Iowa City, IA 52240
Phone: 338-5327
Applicant's Engineer:
MMS Consultants
1917 S. Gilbert Street
Iowa City, IA 52240
Phone: 351-8282
Applicant's Attorney:
Thomas Gelman
321 E. Market Street
Iowa City, IA 52245
Phone: 354-1104
Requested Action:
Final plat approval
Purpose:
A 2-lot commercial subdivision
Location:
East of Mormon Trek Boulevard,
south of Highway 1
Size:
5.05 acres
Existing Land Use and Zoning:
Undeveloped, CI-1
North: Airport property; P
South: Undeveloped; CI-1
East: Residential, Agricultural;
County RS
West: Commercial & undeveloped;
CH-1
Surrounding Land Use and Zoning:
Comprehensive Plan:
The South Central District Plan
identifies this area as appropriate for
intensive or highway commercial
development.
File Date:
March 10, 2005
45-Day Limitation Period:
April 24, 2005
2
BACKGROUND INFORMATION:
This property was annexed to Iowa City in 2003, as part of a larger annexation including
property on the west side of Mormon Trek Boulevard and properties owned by the Iowa City
Municipal Airport. The extension of Mormon Trek Boulevard and associated public utilities
were recently completed adjacent to this property, providing the infrastructure to support
commercial development.
This property is zoned CI-1, Intensive Commercial, which is a zone intended to provide for
those businesses characterized by outdoor display, storage and/or sales of merchandise,
repair of motor vehicles, and other operations conducted in buildings that may not be
completely enclosed such as contractor pre-assembly yards, hardware stores, etc. The CI-
1 zone also allows office uses. A preliminary plat was approved in November, 2004.
ANAL YSIS:
Subdivision design
The subdivision consists of one lot accessed from Eagle View Drive, and one lot that is
proposed to be accessed via an access easement to an existing access point on Mormon
Trek Boulevard. On the preliminary plat Lot 1 was shown as being divided into two lots, but
staff feels this is a minor, insignificant change. The access easement to Lot 2, will need to
be recorded as part of the legal papers for the final plat.
The construction plans indicate Eagle View Drive will be reconstructed to city local street
standards. Dane Road, south of Eagle View Drive, is in the process of being vacated.
Because of existing utilities along the eastern edge of the subdivision, a utility easement is
shown on the plat.
Access control
Consistent with the preliminary plat, a note on the plat states that Lots 1 and 2 will not have
direct driveway access to Mormon Trek Boulevard. This meets the City's access control
policy of limiting access to arterial streets, which has safety and traffic circulation benefits.
Storm water management
The storm water basin is located on the south-eastern side of the JJR Davis Second
Addition property, on the north side of Eagle View Drive. This basin serves the Carousel
Motors property, and is adequate to serve the JJR Davis Second and Third Additions as
well.
Water main and sanitary sewer extension fee
A water main extension fee of $395 / acre will be required. A sanitary sewer tap-on fee of
$3,986.12/ acre will be required. These fees are required to help off-set costs to the public
for extending water and sanitary sewer mains to developing property.
IlcityntWapp$lsubdivisionslDavis 3 Addition final.doc
3
STAFF RECOMMENDATION:
Staff recommends that SUB05-00002, a final plat of JJR Davis Third Addition, a 5.05 acre,
2-lot commercial subdivision, be approved, subject to legal papers and construction plans
being approved prior to Council consideration.
ATTACHMENTS:
1. Location map
2. Preliminary plat
3. Final plat
4. Proposed access easement to Mormon Trek Boulevard
5. June 4,2005 letter from Assistant Director Davidson regarding Mormon Trek Boulevard
access control
Approved by:
Karin ranklin, Director,
Department of Planning and Community Development
\\citynt~yapp$lsubdivisions\Davis 3 Addition final.doc
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PLAr/PLAX APPIIOYID
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1. L01S 1 AND 2 SHAlL NOT HA\€ DR:CT
ACCESS TO MORMON 1REK BOULEVARD.
2. ACCESS TO LOT 2 SHALL BE FROM 1HE PROPERTY
TO 'THE EAST VIA AN ACCESS EASDlENT TO YORNOH
lREK BOULEVARD.
3. EAQ.E \1EW DfI\£ TO BE CONSTRUCTED YIßH PART 3.
OWN1tR9/SUR1UVmJ2q·
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1817 SOOTH GILBERT ST.
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PLAT/PLAII APPROVED
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U1IJTY ~ AS IHQiIWIII MERÐ:If\ ME. ADEQUAtE Ft'R
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I hereby certify that this land surveying document was prepared and
the related survey work wos performed by me or under my direct
personal supervision and that I om a duly licensed Land Surveyor
under the laws of the State of Iowa.
20_.
GLEN D. MEISNER. LS. Iowa Lie. No. 8165
My license renewal date is December 31. 20_.
Pages or sheets covered by this seal:
LEGAL DESCRIPTlON - 3000' ACCESS EASEMENT
Commencing at the Southwest corner of Lot 1. Meadowlark Hill
Subdivision. to Johnson County, Iowa, În accordance with the Recorded Plat
thereof; Thence NOO'OS'54-E. along the Westerly line of said Lot 1, a distance
of 72.43 feet. to the centerline of 0 30.00 foot Access Easement,
ond the POINT OF BEGINNING; Thence S65'55' 48"E, 91.78 feet;
Thence S24'04'12"W, 67.59 feet, to 0 point on the Southerly
line of soid Lot 1, the North Right-of-Way line of Mormon Trek Boulevard,
and the P(jNT OF l£RMINA TION. The sidelines of said 30.00 foot Access Easement
sholl be shortened or erlended to said Westerly line of Lot 1 and to soil Southerly
line of Lot 1. Said Easement contains 0.11 acre(4,780 square feet),
and Îs subject to easements and restrictions of record.
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GEORGE R. DANE
HAROLD JOHN DANE JR.
JAMES R. & ROBERT A. DAVIS
JAN ELLEN SMITH
12J~3J04
PROPRIE'!'OR:
SURVEY REQUESTED BY:
DA~ OF SURVEY:
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CONGRESSIONAL CORNER, FOUND
CONGRESSIONAL CORNER, REESTABLISHED
CONGRESSIONAL CORNER. RECORDED LOCATION
PROPERTY CORNER(S), FOUNO (as noted)
PROPERTY CORNERS SET
(5/8- Iron Pin wI yellow. plastic LS Cap
embossed with ....O.tS.. )
CUT ·X"
PROPERTY &Jor BOUNDARY LINES
CONGRESSIONAL SECTION LINES
RIGHT-OF-WAY LINES
CENTER LINES
LOT LINES, INTERNAL
LOT LINES, PLA TIED OR BY DEED
EASEMENT LINES, W1DTH & PURPOSE NOTED
EXISTING EASEMENT LINES, PURPOSE NOTED
RECORDED DIMENSIONS
MEASURED DIMENSIONS
CURVE SEGMENT NUMBER
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ERROR OF CLOSURE IS LESS ìHAN 1 FOOT IN 20,000 FEET
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June 4, 2003
Dave Larson
277 Hickory Street
Kalona, IA 52247
Re: Access control plan for future Mormon Trek Boulevard extension between. Iowa Highway
1 and Dane Road
Dear Dave:
Pursuant to our several discussions this week, the following will provide guidance for you to use
in the platting of the Davis and Dane property along the Mormon Trek Boulevard extension
between Iowa Highway 1 and Dane Road. This letter is not intended to supplant any
requirements of the platting process; it is intended to indicate an access control plan that can be
supported by City staff. This letter references the concept plan you provided us dated 5/14/03.
Beginning at Iowa Highway 1, an access point may be located in the approximate vicinity of the
temporary access easement which has been granted to the Rock's Roadhouse property. This is
approximately 350 feet from the Iowa Highway 1 Intersection; it should not be moved further
north. This may be a T intersection or a four-way intersection.
Proceeding south, an access may be located at the proposed street intersection shown on the
concept plan dated 5/14/03. This may be either a T intersection or a full four-way intersection,
and should provide access to commercial lots in the vicinity. This access point is located
approximately 350 feet from the Rock's Roadhouse temporary access easement.
Proceeding south, an access point may be located opposite the proposed intersection of
relocated Dane Road. This would provide access to lots on the Davis property, including the
proposed lots 8 and 9 which shall not have direct access to Mormon Trek Boulevard. This
access point is located approximately 500 feet from the access point discussed in the preceding
paragraph.
Proceeding south, a four-way intersection is proposed at the location where Dane Road will be
intersecting Mormon Trek Boulevard Extended from. the south. This will be a four-way.
intersection that also provides access to the Dane and Davis properties. This access point is
approximately 850 feet from the access point discussed in the preceding paragraph.
To conclude, three new access points are proposed between IoWa Highway 1 and the existing
alignment of Dane Road. These are to be three-way T intersections or full four-way
intersections, and all should be designed so that they could accommodate a traffic signal in the
future if warranted. A design should be used with separated left and through/right lanes on all
HO BAST WASHINGTON STREET' IOWA CITY, IOWA 52240-1826 . (319) 356-5000 . FAX (319) 356-5009
\>
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access points exiting onto Mormon Trek Boulevard. There shall be no offset intersections. There
shall be no additional lot access to Mormon Trek Boulevard. Cross-access easements between
lots and street alignments within the subdivision will be determined during the platting process.
All items included in this letter are consistent with Uie zoning code revisions being prepared for
the City Council >
Let me know if there are any questions.
~Ð~,-
Jeff Davidson, Assistant Director
Department of Planning and Community Development
cc: Jim Davis
John Dane
Larry Schnitjer
Steve Atkins
Karin franklin
Bob Miklo
Rick Fosse
Ross Spitz
Mitch Behr
Sarah' Holecek
ppdadm/llrsljd-Iarson, doc
STAFF REPORT
To:
Planning &Zoning Commission
Prepared by: Sunil Terdalkar
Item: SUB05-00007 Preliminary and
Final Plat - Ashton Place
Date: April 07, 2005
General Information:
Applicant:
Casey Mahon
539 Normandy Drive
Iowa City IA 52246
Contact Person:
Glen Meisner
'MMS Consultants, Inc
1917 S Gilbert St,
Iowa City, IA 52240
Phone:
(319) 351-8282
Requested Action:
Approval of preliminary and final plat of "Ashton
Place", a subdivision of approximately 2.62
acres modifying boundaries of the two parcels
involved.
Purpose:
Transfer of part of land parcel to the applicant,
resulting in the change of property areas.
Location:
West of Normandy Drive and North of Park
Road. West Boundary of the property is along
the Iowa River.
Size:
Existing: Lot 1 - 2.27 acres; Lot 2 - 0.35 acres
Proposed: Lot 1 - 1.82 acres; Lot 2 - 0.8 acres
Existing Land Use and Zoning:
RS-5 - Single Family Residential
Surrounding Land Use and Zoning:
North:
South:
East:
West:
Single Family Residential - RS-5
Single Family Residential - RS-5
Single Family Residential - RS-5
Iowa River
Comprehensive Plan:
The area is designated for the development of
residential 2-8 dwelling units per acre.
File Date:
March 17, 2005
April 1, 2005
45-Day Limitation Period:
60-Day Limitation Period:
May 16, 2005
2
Background Information
The applicant, Casey Mahon, has submitted an application for a subdivision that would change
the areas of two parcels of land. Both parcels are currently zoned RS-5 - Single Family
Residential and have single family structures. The Applicant would like to acquire approximately
19,334.69 sq. ft. (approximately 0.45 acres) of land from the adjoining property at 820 West
Park Road and create a single parcel of an approximate area of 0.8 acres.
Subdivision Analysis:
The subdivision is essentially a 'Boundary Line Adjustment' and the proposed reconfiguration
would not create any new parcels. It will provide Lot 1 with access to the Iowa River. Lot 2 is
currently a non-conforming lot as it does have the minimum lot width of 60 feet (the lot width is
measured 20 feet form the street right-of-way). In this case the lot width is technically only 36.7
feet. At a point 149 feet from Park Road the lot widens to over 250 feet. Flag lots, such as this,
are not permitted by the zoning code. However, the proposed lot line adjustment will not make the
property less conforming. With this one exception, both parcels resulting from this
reconfiguration will be in general compliance with other zoning code and subdivision
regulations.
The subdivision includes some sensitive areas - Potential Wooded Wetland - along Iowa River.
With the proposed boundary line adjustment most of the sensitive area will be part of 539
Normandy Drive. The Property at 820 Park Road is also registered as Iowa City Historic
Landmark. Because no development activity is proposed, in staff's view, the subdivision will have
no major effect on these conditions.
Subsequent use the parcels will not change or and there will not affect the traffic load or the
atmosphere of West Park Road or Normandy Drive in any way.
Staff Recommendation:
Staff recommends that the applicvation be deffered until the deficiencies and discrepancies are
resolved. Upon resolution of these items staff recommends that SUB05-00007, Ashton Place, a
2-lot residential subdivision of approximately 2.62 acres, located at 539 Normandy Drive and
820 Park Road to create new property boundaries, be approved subject to legal papers be
approved by City Attorney's Office.
Deficiencies and Discrepancies:
1. Existing structures, lot lines, lot areas are not shown on the plat layout
2. Existing utility easements are not shown on the plat layout
Approved by: ~~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
S:\PCD\Staff Reports\SUB05-00007 Ashton Place.doc
CITY OF IOWA CITY
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SUB05-00007
& 539 Normandy Dr.
SITE LOCATION: 820 W. Park Rd.
PRTI INARY AND FINAL PLAT
'-~\SHTON PLACE
CITY OF IOWA CITY
JOHNSON COUNTY, IOWA
LEG.4.L DLV!81PT1nN
1 CERTIFY THAT DURING THE MONTH OF MARCH. 2005 AT TIlE REQIÆST OF MARSHALL
AND lOVE M<KUSICK AND CASEY MAHON, A SURVEY WAS MADE UNDER MY
SUPERVISION OF A PORTION OF GOVERNMENT LOT 9 IN SECTION 4. TOWNSlnP 19 NORTH.
RANGE 6 WEST OF THE STK PRINCIPAL MERIDIAN. CITY OF lOW A CITY, JOHNSON COUNTY,
lOW A, THE BOUNDARIES OF WHICH ARE DESCRIBED AS FOLLOWS:
PLAT PRI!:PARED BY .
MIlS COIISULTAN'IS INC.
1911 SOUTH GILBERT ST.
IOWA CITY. IOWA, 62240
OWNI!:RSISUBDlVIDRRS OWNI!:RSISUBDIYlDI!:RS
IWISHALL " JOVE IIcKUSICK CASEY MAHON
820 WEST PARK ROAD 539 NORMANDY DRIVE
IOWA CITY. IOWA 62248 IOWA CITY. IOWA 62248
OWNI!:IIS' ATI'ORNI!:Y
CRAIG WIWS
P.O. BOX 143
IOWA CITY. IOWA 62240
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BEGINNING AT THE SOUlHEAST CORNER OF A TRACT OF LAND IDENTIFIED AS TRACT B
AS SHOWN ON A BOUNDARY SURVEY RECORDED IN PLAT BOOK 30 AT PAGE 197 IN THE
RECORDS OF nœ JOHNSON COUNTY RECORDER. SAID POINT ALSO BEING ON THE
WESTERlY RlOHT-OF-WAY LINE OF NORMANDY DRIVE; THENCE N89"57'14"W, AWNO TIlE
SOUTHERLY LINE OF SAID TIlACT, 153.24 FEET TO TIlE SOUTHWEST CORNER OF SAID
TRACT; THENCE SOO'I)6'45"E, 99.83 FEET; THENCE SOO"IO'lS"W, 265.00 FEET TO A POINT ON
TIlE NORTIlERLY RlOHT-OF-WA Y LINE OF PARK ROAD; THENCE N90'OO'OO"W,ALONO SAID
NORTIfERLY RIGHT-OF·WAY UNE. 36.70 FEET TO THE SOU11iEAST CORNER OF A TRACT
OF LAND AS SHOWN ON A BOUNDARY SURVEY RECORDED IN PLAT BOOK 29 AT PAGE )2
IN SAID RECORDER'S RECORDS; THENCE NOO'Q3'05''E, ALONG TIlE EASTERLY LINE OF
SAID TRACT, 149.28 FEET TO TIlE NORTIlEAST CORNER OF SAID TRACT; TIlENCE
N89"SS'2t''W, ALONG A NORTIŒRLY LINE OF SAID TRACT, 103.74 FEET; THENCE
N46"S2'04"W, ALONG A NORTIlERl Y LINE OF SAID TRACT, 68.64 FEET; THENCE
N72"02'51"W, ALONG A NORTHERLY LINE OF SAID TRACT, 178.74 FEET MORE OR LESS TO A
POINT ON THE EASTERLY BANK OF THE IOWA RIVER; TIlENCE NOR11ŒASTERL Y, ALONG
SAID EASTERLY BANK, 349 FEET MORE OR LESS TO A POINT ON THE NOR1HWESTERL Y
EXTENSION OF THE SOUTHERLY LINE OF A TRACT OF LAND SHOWN ON A BOUNDARY
SURVEY RECORDED IN PLAT BOOK 27 AT PAGE 59 IN SAID RECORDER'S RECORDS;
TIŒNCE S65°10'43"E, ALONG SAID WESTERLY EXTENDED LINE, ALONG SAID SOUlHERL Y
LINE AND ITS SOtJTHEASTERL Y EXTENSION THEREOF, 185.15 FEET MORE OR LESS TO nœ
NORTHWEST CORNER OF SAID TRACT B OF LAND AS SHOWN ON A BOUNDARY SURVEY
RECORDED IN SAID PLAT BOOK 30 AT PAGE J97; THENCE S89"S7'17"E, ALONG TIlE
NORTHERLY LINE OF SAID TRACT, 153.56 FEET TO THE NORTHEAST CORNER OF SAID
TRACT, SAID POINT ALSO BEING ON THE WESTERLY RlGHf-OF-WAY LINE OF NORMANDY
DRIVE; THENCE SOO"07'S1'W, ALONG THE EASTERLY LINE OF SAID TRACT AND SAID
w:ESTERLY RIGHT-OF-WAY UNE, 99.71 FEET TO TIlE POINT OF BEGINNING, CONTAlNINO
2.615 ACRES AND IS SUBJECT TO FASEMENTS AND RESTRICTIONS OF RECORD.
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A PORTION OF GOVERNMENT IDT 9 IN SiX:. 4-R79N-R8W .
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City of Iowa City
MEMORANDUM
April 1, 2005
To: Planning and Zoning Commission
From: Karen Howard - Associate Planner
Re: Zoning Code Open House Sessions
Thank you to those of you who attended and helped with the Zoning Code open house
sessions. Approximately 30 people attended the sessions. While we hoped for a larger
attendance, those that did attend seemed to appreciate the opportunity to ask questions
and discuss the proposed code in an informal one-on-one basis.
During the sessions we received a number of written comments using the comment
sheets that we provided. These comment sheets have worked well so far in providing
citizens an avenue to express their views about the proposed code that will become a
part of the public record for the project. Following is a summary of the written comments
received.
· Comment supportive of the multi-family site development standards and of efforts to
encourage dispersing multi-family housing rather than having concentrated areas.
· A suggestion for setting an effective date for the new ordinance rather than having
the new code adopted immediately after the final vote of the Council.
· A concern was expressed about changing the damage and destruction clause for
nonconforming properties.
· 105 comment sheets were returned expressing concern about changing an
emergency homeless shelter use from a special exception to a provisional use in the
CI-1 Zone. The level of concern about this particular issue is related to the recent
approval of a special exception for the homeless shelter in a CI-1 Zone that is near
existing residential development. Litigation is pending regarding this approval.
· Request for the commission to consider allowing small stealth cell towers in the CN-
1 Zone. Some photos of such towers were submitted, including cell towers
camouflaged as parking lot light poles and as flag poles.
· Opposition expressed to the proposal to disallow duplexes on interior lots in the RS-
8 Zone due to concerns about restrictions being placed on existing duplexes that
would become nonconforming and about inability to develop duplexes in the future
on these interior lots.
· Support was expressed for design review for the redevelopment of properties in
existing neighborhoods.
· Two comments were received about future redevelopment proposals for the Neuzil
property. Concern about concentration of apartments in the area.
· Question about whether windmill power generators would be allowed and under
what conditions.
· Question about whether sleeping accommodations could be considered an
accessory use to an animal hospital, similar to overnight accommodations for staff
for human hospitals.
· Concern about houses located in the CB-2 Zone not having enough parking for
residents.
· Suggestion to add more incentives for re-use of historic properties, similar to how it
is done in Eugene, OR.
At this point, the Commission may want to consider setting a date for the first public
hearing. Once you have settled on a date and time for that meeting, we will send out
notice to all those who have signed up to be on the mailing list for the project.
I will not be in attendance at your meeting next week, but call me or send me an email if
you have any other questions.
MINUTES
PLANNING AND ZONING COMMISSION
MARCH 17, 2005
EMMA J. HARVAT HALL
DRAFT
MEMBERS PRESENT:
MEMBERS EXCUSED:
STAFF PRESENT:
OTHERS PRESENT:
Beth Koppes, Dean Shannon, Bob Brooks, Ann Freerks, Jerry Hansen
Don Anciaux
John Yapp, Mitch Behr
Tom Gelman, Victoria Concha, Regina Alatalo
RECOMMENDATIONS TO CITY COUNCIL:
Recommended approval I no change to REZ04-00030 Conditional Zoning Agreement items #5, #7, #8 by
a vote of 5-0.
Recommended approval of modification(s) to REZ04-00030 Conditional Zoning Agreement items #2 and
#3 as listed in Staff Report of 3/11/05 by a vote of 5-0.
Recommended approval of modification to REZ04-00030 Conditional Zoning Agreement item #1 that the
developer/sub-divider will fund 100% of the cost of the north leg of Naples Avenue and 100% of the cost of
turning lane improvements on Highway 1 into the development; the public will fund 100% of the cost of the
south leg of Naples Avenue and 100% of the cost of turning lane improvements related to the south leg of
Naples; the developer/subdivider will fund 100% of the cost of traffic signal improvements at the Naples
venue / Highway 1 intersection by a vote of 3-2. Shannon and Brooks voted against.
Recommended approval of modification to REZ04-00030 Conditional Zoning Agreement item #4 as
listed in Staff Report of 3/11/05 by a vote of 3-2. Koppes and Shannon voted against.
Recommended approval of modification to REZ04-00030 Conditional Zoning Agreement item #6 as
listed in Staff Report of 3/11/05 by a vote of 3-2. Koppes and Shannon voted against.
Recommended approval of modification to REZ04-00030 Conditional Zoning Agreement item #9, "In lieu
of a sidewalk being constructed along the Highway 1 frontage, the developer/subdivider will pay for the
paving cost of a four-foot sidewalk if it is installed within 10-years" by a vote of 4-1. Brooks voted against.
CALL TO ORDER:
Brooks called the meeting to order at 7:32 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
REZONING ITEM:
REZ04-00030; Reconsideration of an application submitted by James Davis for a rezoning 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), for property located north of Highway 1, west of Highway 218 and east of Kitty
Lee Road.
Yapp said at the 2/17/05 meeting the Commission had recommended approval of the annexation and
rezoning of the MWD Davis Addition property item ANN04-00001/REZ04-00030, subject to a Conditional
Zoning Agreement (CZA). Subsequent to that meeting, representatives of the applicant had approached
City staff with a request to modify some of the recommended conditions for the CZA. The applicant's
attorney and City staff had reached an administrative agreement on some of the requested modifications.
Other requested modifications or deletions required the Commission's review and vote. Yapp said there
has been no request submitted to change the zoning pattern, only the conditions recommended in the
conditional zoning agreement associated with the zoning.
Planning and Zoning Commission Minutes
March 17, 2005
Page 2
Yapp presented an item by item review of the conditions of the CZA.
1. Naples Avenue I Highway 1 Intersection: There is no dispute about the design of the
improvements, just about the funding responsibilities for the reconstruction/modifications to the
intersection.
Yapp said the staff recommendation for a 90% / 10% cost sharing of certain improvements to the
intersection was based on traffic projections made in the traffic impact study upon build-out,
approximately 90% of the turning traffic will be turning north into or out of the Davis development, and
approximately 10% will be turning into or out of the south leg or Naples Avenue. The turning traffic
caused the need for the traffic signal, not the through traffic. Without the Davis property being
developed, no traffic signal would be warranted at this intersection.
Hansen asked if the need to line up the traffic lanes at the intersection could have been accommodated
differently in the design of the development so the intersection lined up better. Yapp said he thought
through the subdivision design process, the developer would line it up as best they could. Currently on the
south leg of Naples Avenue there is 1-lane in and 1-lane out. The reconstruction would ultimately result in a
5-lane cross-section with three lanes coming out of the property and two lanes going into the Davis
property. The lane out and the lane in would be wider or farther apart which meant on the south leg of
Naples some widening would be needed so the through lines would line up.
Hansen asked if total cost estimations for the reconstruction were available. Yapp said no cost projecting or
design had been done yet.
2. Access Points & Cueing Space - Naples Avenue design and access: The applicant and Staff
had reached an administrative agreement regarding the applicant's requested verbiage changes to
this item.
3 Kitty Lee Road Improvements: The applicant and Staff had reached an administrative agreement
regarding the applicant's requested verbiage changes to this item.
Yapp said it was a City wide policy that the City typically paid the oversized costs between a local
and a collector street. Any improvements recommended by a traffic study (approved by the City) to
predict turning movements related to the proposed land use of Lot 1 must be completed prior to an
occupancy permit being issued for any property using Kitty Lee Road or access. The use of that
property is unknown at present.
4. Kitty Lee Road funding: Yapp said the applicant's representatives object to this condition. Staff
continues to recommend that the developer/subdivider pay for 50% of the reconstruction costs to
reconstruct Kitty Lee Road to a city local street. The Davis property is proposed to be rezoned from
agricultural to an intensive commercial use. Having the property owner pay for these costs will avoid
these costs being incurred by the public or by the property owner on the west side of Kitty Lee Road
in the future.
Freerks asked if a drive was proposed to be placed along the path based on the zoning. Yapp said Kitty
Lee Road was considered a local street and there would typically be no access restrictions placed. Yapp
said that north of Lot 1, no access to Kitty Lee Road is being proposed, but could be proposed in the future.
Hansen asked if it would be possible to throw that out as a condition and replace it with a condition which
stated that no access would be allowed to that street. Freerks said that had been discussed at the informal
meeting. The Commission had decided that they didn't want to restrict access due to the possibility of
different use in the future that the zoning would be the same but the Commission would want to allow an
access point.
5. Landscaping: No changes are proposed to this section.
6. Fencing: Yapp said the applicant's representatives object to this condition. Yapp said this was also
related to buffering and making sure there was an appropriate transition to the agricultural rural
properties on the west side of Kitty Lee Road which were shown as future residential in the District
Plan. Staff continued to recommend that the design of the fence be approved as part of a site plan
Planning and Zoning Commission Minutes
March 17, 2005
Page 3
approval. Iowa Code allowed cities to impose some reasonable conditions on granting of rezoning
requests, over and above existing regulations in order to satisfy public needs directly caused by the
change. Given the location that the proposed CI-1 zoning is adjacent to a street that currently
provides access to a residential area and is across the street from an area that may develop for
residential uses in the future, staff feel that requirements for a buffer and design considerations as
part of the site plan are reasonable.
7. Access Control: No changes are proposed to this section.
8. Sanitary Sewer provision: No changes are proposed to this section.
9. Highway 1 Sidewalk: Yapp said the applicant's representatives object to this condition. Yapp said
staff is recommending the applicant will pay for only the cost of sidewalk pavement for a 4-foot wide
sidewalk. They will not pay for any grading, drainage facilities or associated costs that might be
needed. City Code requires sidewalks to be constructed within the public right-of-way frontage. In the
past on a sporadic basis the City has sometimes waived this requirement for commercial properties
along Highway 1 west of Riverside Drive. Commercial properties in other parts of Highway 1 and
Highway 6 such as Riverside Drive, Dodge and Governor Streets have been required to install
sidewalks. Given the public's expressed demand for sidewalks and trails the City has been installing
them at the public's expense. Because there currently is not a sidewalk network in this area, staff
continues to recommend that the applicant pay for the paving cost but not be required to install the
sidewalk at this time. A sidewalk would be constructed by the City as a public project at a future time.
9. Kitty Lee Road I Highway 1 Streetlight:
Yapp said staff had learned that MidAmerican Energy installs streetlights. Once this property is
annexed to the City, the City will have MidAmerican Energy install a street light.
Hansen asked how the intersection at the Lodge Development was financed.
Yapp said the City and the developer each paid 50% of the traffic signal and the Lodge developer paid for
the turn lane into their property which had been determined as necessary by the traffic study. This was due
to traffic estimates that showed approximately 50% of traffic would use the south versus north legs of the
Ruppert Road intersection with Highway 1. For the Westport Plaza traffic signal [Wal-Mart, Cub Foods,
Staples] the developer had paid for 100% of the signal and improvements to that property because there
was just a single-family house on the north-end of that intersection. The existing Menards intersection had
been a t-intersection with Sunset Street. As part of the 1996 Conditional Zoning Agreement for that
property, the property owner/developer had agreed to pay for all improvements to the intersection including
a left turn lane, a right turn lane and a traffic signal.
Brooks asked if there had been any improvements required on Sunset Blvd as part of that reconstruction.
Yapp said there was an existing small left turn lane for traffic turning onto Sunset Blvd. that later the City
had improved.
Shannon asked for the Naples Avenue traffic counts that had resulted from the traffic survey.
Yapp said counts had been done during peak hours. The morning peak hour count was approximately 250
vehicles north- and south-bound combined. Evening counts had been approximately 240 vehicles per day.
These counts were used in the traffic study.
Freerks asked Yapp to elaborate with respect to the sidewalks if Staff and the City planned to handle all
things along this corridor. Freerks asked if this was a policy change.
Yapp said staff was recommending sidewalks, whether it became a policy change remained to be seen.
Sidewalk requirements have been waived in the past for properties with frontage on Highways 1 or 6. Staff
learned through the district planning workshops that sidewalk connections are a priority for people who
walk to the businesses along the highway.
Planning and Zoning Commission Minutes
March 17, 2005
Page 4
Hansen asked if it was correct that the City received requests for sidewalks on one side or the other of
Highway 1. Yapp said that was correct.
Hansen asked if it was the City's intent to run the City trail system on the north or south side in the future.
Yapp said currently in the Capital Improvements Program was a proposal to install a sidewalk along
Highway 1 west of Riverside Drive, but it does not specify which side of the highway the sidewalk would be
on.
Koppes inquired if it would be possible to modify CZA item #4 to indicate that "if an access point is granted,
at that time the developer will be required to pay 50% of the costs of reconstructing Kitty Lee Road.
Behr said he thought there would be a way to do meet Koppes' objective.
Freerks asked how that proposal would work with how other developments had been funded.
Yapp said this was a unique situation. Lower West Branch Road was a collector street, and the adjacent
property owners had agreed to pay 25% of the reconstruction costs versus 50% because it was a collector
street. When reconstructing to collector street standards, it was more expensive and the street serves a
larger area. In another example, the developer had entirely reconstructed a segment of Hummingbird Lane
and had paid 100% of the costs.
Brooks asked if the Comprehensive Plan forecasted changes in the status of Kitty Lee Road once more
development took place. Would it change from a local to a collector street. At present the developer
indicated no access from Lot 2 onto Kitty Lee Road. If in the future they wanted to gain access, they would
have to get a curb cut permit to get access. What criteria would the City use in granting that permit if Kitty
Lee Road had not been improved beyond its current condition.
Yapp said if the Commission agreed to what was proposed in the CZA, it would be required that Kitty Lee
Road would be reconstructed to the northern most commercial driveway. Yapp showed on an overhead
that what was proposed in the District Plan was a collector street would veer to the northwest along a
ridgeline. Low density residential development was proposed for the area north on Kitty Lee Road.
Behr said if the Commission were not to require any funding for the northern part of the commercial portion
and someone came in at a later time requesting access, from a legal standpoint if they anticipated wanting
an access granted using additional curb-cuts they were much better off requiring road improvements at the
zoning stage instead of waiting for it to be imposed at a curb-cut permit.
Brooks said he was trying to understand the sequence of events for reconstruction of Kitty Lee Road.
Yapp said he would suggest that if the Commission were to propose a modified condition that it stipulate
that a commercial property shall not have access until Kitty Lee Road was improved to City standards.
Brooks said they had done something similar on Sycamore Street in the subdivisions where no access had
been allowed onto Sycamore Street until it had been improved. Yapp clarified that reconstruction of
Sycamore Street must be in a funded year before additional access is permitted. Brooks said he was
concerned about allowing any kind of access onto a local street that had not been improved to standards.
Koppes said she'd like to see this go one step further to say if they wanted access they would have to pay
for the road to be reconstructed before access was granted.
Public discussion was opened.
Tom Gelman, attorney for the property owners, said of the 10 proposed CZA conditions, they were
basically talking about only four (4). He'd spoken with City Staff about the other requested deletions and/or
modifications.
Gelman said CZA item #1 placed heavy reliance on the traffic study which was misplaced reliance. The
study had not been done for reasonable allocation of expenses and did not look at build out of the
properties along Naples Avenue south of Highway 1. It was just a traffic study to determine the impact of
Planning and Zoning Commission Minutes
March 17, 2005
Page 5
this particular area's development on the traffic needs. He said it was not a good basis to utilize for
allocating costs. He said what needed to be looked at was the circumstance - Naples Avenue going
northerly was a cul-de-sac and its development was finite. Naples Avenue going south went out into the
county and had development potential, it was subject to future expansion. Gelman distributed aerial photos
of the area. Gelman said he would make the argument that the total cost of the traffic signal should be
borne by the City as the developer had incurred other costs to make this development possible. He had
been involved in connection with the Lodge's agreements and a reasonable precedent had been used,
where the City and developer shared costs of the traffic signal 50%/50%, so it would be reasonable to use
that precedent here too.
CZA item #4 - Two tracts were likely to have access onto Kitty Lee Road. The furthest north lot which
would likely be used for residential would need to have indirect access. Gelman said with respect to the
rest of the roadway he would proposed one of two scenarios: (1) no access at all permitted except the two
areas mentioned, or (2) no access until Kitty Lee Road is improved. Gelman said at the time of
improvements being made the lot owner should work with the City to arrange cost sharing. To require
funding now was premature.
Gelman said a second problem with the proposal of the owner paying money now was where did that
money go and what would happen to the developer's money if Kitty Lee Road were never improved. He
said he didn't think this could legally be done. For road improvement it could be done one of a few clear
ways, but this was not one of the ways that was apparent to him in the City Code or the state law. Gelman
said the normal ways road costs are obtained are:
1) Special assessments which show that the property is particularly being benefited.
2) Impact fee, would require a specific benefit to that property.
Gelman said he thought they could solve this particular problem by restricting access in one of the ways
that the Commission had discussed, either one of which would be acceptable. If a segment of Kitty Lee
Road is not being used for access, the property owner should not have to pay for it to be improved.
CZA item #6 the fencing design issues were resolved because of the intense landscaping that was planned
for that area. The fence would be 95-feet from the road right-of-way. A gas line easement was going to be
located in the right-of-way in addition to the intense landscaping plan plus a 95-foot planned buffer. Gelman
said the requirement that fence design was to be approved without any clarity of what guidelines or design
standards would be used was not workable. It would simply be up to Staff's discretion as to what the fence
would look like because there were no design standards that could be utilized. The only problem Gelman
could see was the wait period for the trees and vegetation to grow which actually was a short-term
problem. Gelman said it was inappropriate for Staff to decide an appropriate fence design without set
design standards. The redundancy of the fence issue did not make sense to him. It appeared to be an open
ended requirement that the fence was subject to subsequent approval. The landscaping required by the
City would screen the fence, which will be 95 feet setback from the right-of-way.
Koppes asked if landscaping was proposed along the south end of the property where the road had been
removed. Gelman said he didn't know. Freerks said that area would be lot one or an intervening lot, it
would not make sense to landscape it if it were to be developed in the short term.
Gelman said the Menards fence would be 12 to 14-feet high. It would have to be a sturdy fence because it
was going to be used for inside storage. It would be landscaped and buffered.
CZA item #9 - Gelman said this would be a sidewalk to nowhere. The closest residential neighborhood was
close to over % mile away. Besides the Iowa River Trail there were no sidewalks. Requiring payment was
not a requirement that the sidewalk be installed, this was a requirement that the dollar amount be paid to
the City to maybe install a sidewalk sometime if ever in the future. There was no legal basis for this item, it
was not a sure thing that the sidewalks would even be installed. Gelman said the solution was if and when
a sidewalk were installed that the charges should be assessed to that property owner for the cost of the
sidewalk. They were asking for a pragmatic and practical approach, such as when the sidewalk is installed
then the City should ask for a remedy such as an assessment of the costs.
Planning and Zoning Commission Minutes
March 17, 2005
Page 6
Victoria Concha, 4086 Kitty Lee Road SW, asked for a clarification regarding which two lots were being
discussed with respect to CZA item #4 and access. Gelman said it would be the lot at the far north end and
the far south end. Yapp indicated the lots on the development lot/site map.
Concha said the neighborhood had had multiple discussions regarding a fence and fencing requirements. It
would take a long time for the big rows of trees to grow. Currently there was an ancient dilapidated barb
wire fence behind the residential lots. She'd mentioned at all the previous meeting that when there had
been cows in the area behind their homes, the cows had always walked through that fence and into their
yards. The existing neighborhood felt that any type of fencing between the commercial property and the
residential properties was essential.
Concha said the gate that had been across the private drive was no longer there. It had been installed by
some of the neighbors. Concha asked that a CZA condition be required and the developer guarantee that
no construction trucks would drive on or utilize the private drive.
Yapp said he was not aware of any fencing proposal behind each commercial lot by the developer. It would
be as each lot was developed. He doubted that aide Oak Lane would be used for access by construction
traffic. A condition regarding construction traffic would be difficult for the City to enforce. Yapp said aide
Oak Lane was in the County and was privately owned.
Gelman said Concha's concerns were very reasonable and he would relay them to the owners so they
could be sensitive to these issues as well.
ReQina Alatalo, 3671 aide Oak Lane SW, said she and Jim Davis each owned Y:z of aide Oak Lane. Three
houses along aide Oak Lane had paid over $8,000 to have it improved. It had been very difficult to get the
money from some of the neighbors when the improvements had been made. If any construction trucks or
non-owners of the private lane used it, she would take them to small claims court.
Alatalo said if the adjoining lot developed first, there would be no other way to access the last lot. Lot #7
was a swamp, it would be unthinkable to build a house there. She requested that an additional condition be
added to the CZA as to how access to Lots #7 and #8 would be provided.
Alatalo said she would propose that it would be more sensible to install a sidewalk along Kitty Lee Road
and not along Highway 1. The west side of Kitty Lee Road would eventually be residential anyhow so it
would be more reasonable to require a sidewalk be installed there.
She said the fencing item was an issue, having a fence installed between the commercial property and
their back yards was a big issue. Neither Alatalo or any of her neighbors wished to have people walking
from the commercial property through the trees to their homes. It was a safety concern for their children as
well. Behind the Deli-Mart was a fence and trees as well. Alatalo said at minimum it needed to be a chain-
link fence to make it safe for everyone.
Public discussion was closed.
Freerks said as a CZA condition, the Commission frequently asked for funds for future sidewalks and/or
road improvements. Where did the money go?
Behr said the funds are set aside into an account and ultimately applied to that improvement. They could
legally add provision in the CZA item that if a sidewalk was not built in 'x' numbers of years that the money
would be returned to the developer. The details could be worked out in the papers of the CZA. However
this should not be a stumbling block for Commission. The concept the Commission should consider was
whether they wanted the payment to be borne by the developer or not.
Freerks said she disagreed with Gelman, she did not see the sidewalk as a sidewalk to no-where. This was
part of a plan for the future. There would be pedestrian traffic using a sidewalk as soon as it was installed
and at some point in the future a pedestrian crossway over the highway would have to be installed.
Hansen said he was perplexed about the sidewalk issue. There was proposed to be a trail system at
sometime, but at present they didn't know if it would be on the north or south side of the highway. To install
a sidewalk on the north side, was that the correct side? He wondered if making a cost assessment if the
Planning and Zoning Commission Minutes
March 17, 2005
Page 7
sidewalk became necessary wouldn't be a better option. He wanted to see a sidewalk installed at some
point in the future as part of a trail system. There was a large calling for a sidewalk beside Highway 1 now.
He frequently saw people walking on the shoulder of Highway 1 now.
Freerks asked how had this been done in the past, assessment versus sealing it into a timed condition.
Behr said the City had not done special assessment in a long time but it could legally be done.
Hansen asked if they could have it as a condition in the future if it became necessary the developer would
pay for the cost of the sidewalk.
Behr said it would be very difficult to do because it would be placing a lien on the property. It would be a
monetary obligation that went with the property with no definite point at which it would take place. He
suggested the Commission consider either 1) a special assessment in the future or 2) tie it to a definite
date with the rezoning.
Freerks said she saw more potential on the north side of the highway for a trail system and walking
improvement. The Commission needed to address this CZA condition at this time.
Freerks said gOO-feet of fence the equivalent of approximately 3 city blocks was important. The fence
needed to be something that would blend, especially since eventually there would be residential on one
side of it.
Freerks said since Olde Oak Lane was still in the county, she was not sure that the City could address the
construction traffic issue that had been raised.
Shannon asked Behr if it was his final thought on the sidewalk that the City get the money now or the
probably never would get the money.
Behr said that was not his final thought. There was a legal basis for the Commission to require the payment
if they wished to do so. The other proposal made to put an obligation on the land would be difficult to do.
Freerks asked about escrow funds. She would be comfortable if the City obtained the funds for construction
of a sidewalk now and the funds would revert back to the developer if a sidewalk was not installed in 'x'
number of years.
Shannon asked what if the Kitty Lee Road property didn't need or want improvements but things moved
further north and development occurred so improvement to the Road had to be done as a whole. Even
though they had not asked for access to Kitty Lee.
Behr said not unless the City was going to special assessment; more than likely the City would bear the
cost of the whole improvement if that owner had never requested access.
Brooks said the Commission had the option of 1) make no changes to the recommendations already made
on this project; 2) recommend approval of the annexation and rezoning subject to an agreement as
presented on the memorandum dated 3/11/05; or 3) recommend approval of the rezoning with changes to
the conditions as requested by the applicant's representatives or as otherwise determined by the
Commission.
Motion: Freerks made a motion to reaffirm CZA items #2 and #3 as recommended by Staff in the staff
memorandum dated 3/11/05, no change to CZA items #5,7,8, and to note that MidAmerican Energy would
install street lighting at the intersection of Kitty Lee Road and Highway 1 as soon as the property is
annexed to Iowa City. Shannon seconded the motion.
The motion passed on a vote of 5-0.
Motion: Koppes made a motion that the developer/sub-divider will fund 100% of the cost of the north leg of
Naples Avenue and 100 % of the cost of turning lane improvements on Highway 1 into the development;
the public will fund 100% of the cost of the south leg of Naples Avenue and 100% of the cost of turning lane
Planning and Zoning Commission Minutes
March 17, 2005
Page 8
improvements related to the south leg of Naples; the developer /subdivider will fund 100% of the cost of
traffic signal improvements at the Naples venue / Highway 1 intersection. Freerks seconded the motion.
Freerks said the traffic counts showed that improvements to the intersection were needed with
development of the Davis property.
Shannon said he agreed with most of the motion. However he felt a 50% - 50% split for the traffic signal
would be fair. The southbound traffic would increase at some time. It was a win-win for the City. Currently
the City was getting zero percent for property taxes for this area.
Hansen said he felt the traffic signal was 100% for the developer. It would not be warranted if no
development were to occur on the Davis property.
Brooks said he agreed with Shannon. He felt a 50%-50% split were reasonable. He did not support the
developer having to fund 100% of the cost of the traffic signal as the southern area would become more
attractive and grow.
Hansen asked if it was expected that the City would incur the expenses so that the developer could
develop his property.
Freerks said that is not how it had been done in the past.
Hansen and Freerks said they could not support the City paying for the developer/subdivider to improve his
land.
Koppes said she saw the motion as a compromise.
The motion passed on a vote of 3-2, Shannon and Brooks voting in the negative.
Motion: Hansen made a motion to keep CZA item #4, requiring the developer/subdivider to pay 50% of the
cost of future reconstruction of Kitty Lee Road, as initially recommended by Staff with no modifications or
changes to it. Freerks seconded the motion.
The motion passed on a vote of 3 -2, Koppes and Shannon voting in the negative.
Motion: Freerks made a motion to keep CZA item #6, requiring the design of a fence along the north and
west sides of the Davis property being subject to staff approval, recommended by Staff with no modification
or changes to it. Hansen seconded the motion.
Freerks said three city blocks would be a long fence. She was confident that Staff would recommend a
reasonable design, nothing outrageous. With potential future development to the west, it was important to
look at the fence and have a good transition.
Koppes said she agreed with the developer as the fence would be 95-feet from the right-of-way and have
lots of landscaping.
Shannon said he could not support this motion.
Hansen said it was important to consider how long it would take the landscape and trees to mature. The
fence could potentially be rotted and gone by then.
Brooks said the existing Menards fence faces the airport. This fence will face a public right-of-way and will
be visible from Highway 1. He requested staff and the developer to work together to utilize the landscape to
soften the fence and make it as appealing as possible.
The motion passed on a vote of 3-2, Shannon and Koppes voting in the negative.
Koppes asked Behr what a reasonable time line would be return of the developers funds. Behr said
10 years was typical for escrow funds.
Planning and Zoning Commission Minutes
March 17, 2005
Page 9
Motion: Koppes made a motion to keep CZA item #9, requiring payment for a future sidewalk along the
Highway 1 frontage as initially recommended by Staff with the modification that if a sidewalk was not
installed within 10-years the funds would be returned to the developer.
Brooks said he felt without an already adopted City plan that showed a future sidewalk and or trail, it would
be hard to ask the developer to put the money in escrow for something that mayor may not happen in the
future. He supported the need for a pedestrian biking and walking trail. Brooks said without a master plan
with sequencing of funding he could not support tying up the developers funds or requiring the developer to
pay funds.
Hansen asked if an overhead pedestrian overpass would be installed over Highway 218, who would
maintain it? Yapp said the City, not the DOT, maintains pedestrian facilities in state highway rights-of-way.
Freerks said she was in favor of safety. If a sidewalk was not developed or installed within 10-years, then
the funds should be returned to the developer.
Behr said City Staff could work with the applicant's representative(s) with respect to funding and whether it
would be payment upfront or some other mechanism.
Hansen asked if interest was paid on escrow funds.
Behr said typically not. Staff would try to work it out so the money was not just sitting there. What the
Commission needed to deal with was the concept that the developer needed to pay for a sidewalk installed
or not; and installed within a certain period or not.
Amended Motion: Koppes made an amended motion "In lieu of a sidewalk being constructed along the
Highway 1 frontage, the developer/subdivider will pay for the paving cost of a four-foot sidewalk if it is
installed within 10-years". Freerks agreed to and seconded the amended motion.
The amended motion passed on a vote of 4-1, Brooks voting in the negative.
Yapp said the Commission's recommendations would be forwarded to City Council.
OTHER ITEMS:
None.
CONSIDERATION OF THE MARCH 3. 2005 MEETING MINUTES:
Motion: Hansen made a motion to approve the minutes as typed and corrected. Freerks seconded the
motion.
The motion passed on a vote of 5-0.
ADJOURNMENT:
Motion: Koppes made a motion to adjourn the meeting at 9:15 pm. Freerks seconded the motion.
The motion passed on a vote of 5-0.
Elizabeth Koppes, Secretary
Minutes submitted by Candy Barnhill
s:/pcd/minutes/p&zI2005l3-17 -OS.doc