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HomeMy WebLinkAbout09-07-2006 Planning and Zoning Commission PLANNING AND ZONING COMMISSION Thursday, September 7, 2006 - 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/Development Item REZ05-00019/SUB05-00029: Discussion of an application from S & J Development LLP for a rezoning from Rural Residential (RR-1), Interim Development Single-Family Residential (ID-RS) zone and Low Density Single-Family Residential (RS-5) zone to Planned Development Overlay / Low Density Single-Family Residential (OPD5) and a preliminary plat of Country Club Estates, Parts 3-8, a 154-lot, 82.30 acre residential subdivision located north of Rohret Road and west of Phoenix Drive. (45-day limitation period: October 9,2006) D. Development Item SUB06-00014: Discussion of an application submitted by Arlington Development Inc for a final plat a of Windsor Ridge Part Twenty B, a 2-lot, 2.7 acre residential subdivision located on Lower West Branch Road, north of York Place. (45-day limitation period: September 10, 2006) E. 1. 2. 3. 4. 5. 6. 7. 8. 9. Discussion of amendments to Title 14, Zoning Code Addition of a provision allowing a waiver of the landscape screening standards where the view from adjacent properties or the street is blocked by natural or human-made features such that the screening standard is effectively met. Correction of an obsolete procedure for applying bonus provisions in the CB-5 and CB-10 Zones. Deletion of redundant language in the description of the retail use category. Clarification of the rules for separating aisles and drives within parking lots to allow more flexibility to locate parking spaces along drives in situations where traffic safety will not be compromised. Correction of a typographical error regarding the maximum FAR in the CB-5 Zone, as stated in a footnote to Table 2C-2(a), Dimensional Requirements for all Commercial Zones, except the MU Zone. Deletion of the list of examples of uses allowed within the Public Zone. Amend regulations so that basic sign regulations will apply to publicly zone property. Addition of a cross reference within the historic preservation regulations to clarify that requests for new access drives for historic properties must be reviewed by the Historic Preservation Commission. Amend requirements for daycare uses to clarify standards for drop off / pick up areas and to increase and clarify the parking requirements to ensure adequate on-site parking for these uses. 10. Deletion of specific setback requirements for educational facilities in higher density zones and addition of an option to seek a special exception to modify the special setback requirements for educational facilities within single family residential zones. 11. Deletion of special setback requirements for religious/private group assembly uses in higher density zones and addition of an option to seek a special exception to modify the special setback requirements for religious/private group assembly uses within single family residential zones. 12. Clarification that a building permit is required for retaining walls over 4 feet in height. 13. Clarification to correct ambiguous language regarding the side and rear setback requirements for accessory buildings. 14. Clarification to correct ambiguous language regarding properties that are nonconforming with regard to parking requirements, landscaping and screening requirements, and outdoor lighting standards. 15. Correction of typos in the names of zones within Table 5B-1, Sign Specifications and Provisions in Residential Zones and the ID and OPD Zones. 16. Clarification that the Iowa City Arterial Street Map is based on the JCCOG Arterial Street Map. 17. Clarification that an exemption listed in the code applies to all tree requirements of Article 5E, not just the street tree requirements. 18. Amend the light trespass standard so that it will not conflict with the Building Code standard for required lighting at building exits. 19. Addition of an exemption from the total outdoor light output standards for properties where the building coverage exceeds 80%. 20. Clarification regarding how standards for architectural style will be administered for new two- family, multi-family and group living uses in the Central Planning District. 21. Clarification of the description of wholesale sales uses to distinguish these uses from retail uses. 22. Amend the damage and destruction clauses for nonconforming uses and structures so that \ calculations are based on assessed value of the property instead of replacement value. 23. Clarification of procedures for obtaining a fence permit. 24. Clarification of the definition of "cottage industry." 25. Amendment to the definition of floor area to make it clear that the area of garage is only excluded from the calculation of floor area if it is a garage that is attached to the principal building. 26. Clarification of the definition of "grade," deleting unnecessary language that may be confusing. 27. Clarification of sensitive lands definitions to be consistent with recently adopted changes to the sensitive areas regulations. 28. Correction within Table 2C-2(b), Dimensional Requirement for the Mixed Use Zone, to make it clear that the front setback coverage standard does not apply to nonresidential uses. 29. Correction of maximum residential densities allowed in planned developments to match maximum residential density in the base zones. 30. Amendments to building articulation standards within the code to clarify how the standards apply to the "horizontal plane" versus "vertical plane" of a building. F. Consideration of the August 17, 2006 Meeting Minutes G. Other Items H. Adjournment Informal Formal Commission Meetin s: October 16 October 30 October 19 November 2 November 13 November 16 To: Planning & Zoning Commission Item: REZ05-00019 and SUB05-00029 Country Club Estates Parts 3-8 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, Associate Planner Date: September 7,2006 S&J Development LLP 1157 Flagstaff Drive, Iowa City, IA 52246 (319) 358-8730 Duane Musser MMS Consultants 1917 S Gilbert Street, Iowa City, IA 52240 (319) 338-8282 Rezoning from ID-RS to OPD5 (18.58 acres); RR-1 to OPD5 (44.29 acres); RS-5 to OPD5 and a preliminary plat for a 154-lot residential subdivision on 83.2-acre land Development of Country Club Estates Parts 3-8 North of Rohret Road and east of Slothower Road Approximately 82.3 acres Agricultural, Part RS-5, part RR-1 and part ID-RS North: County owned Poor Farm - P South: Undeveloped and County Residential - R & AR East: Residential - RR-1 & RS-5 West: Undeveloped County Residential - R 10 Southwest District Plan - Low density single family residential August 23, 2006 October 9,2006 Sanitary Sewer can be extended from previous development phases of Country Club Estates on the northeast. A lift station is necessary to serve the southern half of the subdivision. 2 Public Services: The City will provide Police and Fire protection, and refuse and recycling collection services. The Wests ide Loop transit route serves this area with the nearest stop located approximately 0.2 miles east on Phoenix Drive. BACKGROUND INFORMATION: Most of the land under consideration for the proposed rezoning and subdivision was annexed into the City prior to 1972. Approximately 18 acres adjacent to Rohret Road, was annexed in 1994. At the time, a proposal to rezone the property to Medium Density Single-Family Residential zone (RS- 8) and Low Density Single-Family residential zone (RS-5) was considered, however, because of the lack of sanitary sewer services and the substandard condition of Rohret Road status-quo was maintained for the land zoned Rural Residential (RR-1) and RS-5, and the newly annexed land was zoned Interim Development Residential (ID-RS). Since 1994, Country Club Estates Parts 1 and 2 have been subdivided and developed as single-family residential lots. The applicant, S&J Development LLP, is now requesting approval for the rezoning of approximately 44.29 acres of land from Rural Residential (RR-1) zone, and approximately 18.58 acres of land from Interim Development-Single-Family Residential (ID-RS) zone to Low Density Single-Family Residential (RS-5) zone. The applicant is also requesting approval for a 154-lot, 82.3-acre residential subdivision with four out-lots. The applicant is also requesting that the entire subdivision be rezoned to Planned Development Overlay/Low Density Single-Family Residential (OPD-5) zone to allow modification of the wetlands and the required buffers. Staff has met with applicant and their consultants several times in the past to review the concept plan for this development and to work towards solutions for providing sanitary sewer service and a street and subdivision design that meets the policies of the Comprehensive Plan. Late in the pre- application review, the applicant provided information regarding the environmentally sensitive areas on the property. Because the earlier subdivision designs did not include this information, the subdivision design discussed during the pre-application process did not meet the requirements of the zoning code. ANAL YSIS: Comprehensive Plan and Zoning: The land is located within the Weber Subarea of the Southwest District Plan. The South West District Plan identifies this land as appropriate for primarily low density residential development. The current zones RR-1 and ID-RS reflect development constraints and inadequate infrastructure available in this area. The proposed zoning-Low Density Single-Family Residential (RS-5) zone- will allow for a residential development with maximum five dwelling units per acre. Most of the surrounding land is zoned for large lot residential uses such as RR-1, and County Residential (AR, R, and R-10) zones, except for the land on the northeast, which is zoned RS-5. At the time of previous rezoning considerations, neighboring property owners expressed concern about the development of smaller lot sizes adjacent to the large RR 1 zoned lots on Tucson Place. At the time Tucson Place was developed in the early 1980's it was the policy of the City to discourage development west of Highway 218. The City limited the availability of sewer capacity in this area to control growth. As a consequence Tucson Place was developed using septic systems which require at a minimum one-acre lots. The City's growth policy has since changed to encourage full development of land within the city to make efficient use of investments in infrastructure and to counter sprawl. For this reason RS-5 zoning is appropriate for Country Club Estates, however the Southwest District Plan does recommend that large RS-5 lots be platted adjacent to the RR-1 lots to provide a transition. The proposed lots in this area range from PCDlStaff Reportslsub05_00029_countryclub bobs revisions.doc 3 approximately 11,000 square feet to 15,000 square feet. Although the proposed lots are larger than the minimum 8,000 square feet, they are not larger than what is typically platted in most RS-5 neighborhoods. Adherence to the full wetland buffer as discussed below will provide for an open space corridor and a transition between the existing lower density residential area and the proposed development. Also as discussed below the applicant has the option of cluster development to provide for more open space as a transition. Staff believes that rezoning the land to RS-5 zone would be appropriate and would allow efficient use of land and infrastructure provided that sanitary sewer service and improvements to Rohret Road and Slothower Road are funded. Such a zoning will also be consistent with the Comprehensive Plan vision and compatible with surrounding land uses. Subdivision Design: The applicant is also seeking approval for a 154-lot residential subdivision on this property. The proposed subdivision includes four outlots. Outlot A and D contain most of the environmentally sensitive features-drainage way and wetlands. The applicant is proposing to use Outlot D as a storm water management facility as well as the wetland mitigation area. Outlot B is proposed as neighborhood open space to be dedicated to the city, and Outlot C is proposed as a connection between the proposed neighborhood space and an existing private open space in Country Club Estates. Except for the adherence to the sensitive areas ordinance requirements discussed below, the subdivision design generally complies with the neighborhood principles of the Comprehensive Plan. The applicant has proposed a subdivision with varied lot sizes. The proposed lot areas range from 9,021 square feet to 27,918 square feet. Most of the smaller lots are located toward the southern portion of the property. As discussed above larger lots and compliance with the wetland buffer requirements would help provide a transition to the large RR-1 lots on Tucson Place on the east. Environmentally Sensitive Areas: The property contains a stream corridor, critical slopes and regulated wetlands. The applicant is requesting modifications of the wetlands that are regulated by the SAO including: # 1) The averaging of the wetland buffer to provide a greater buffer in the western portion of Outlot D and a reduced buffer adjacent to the eastern portion of Outlot D and adjacent to Outlot A. # 2) The elimination of wetlands within the proposed Lakeshore Drive right-of-way and in vicinity of lots 30-32. These wetlands are proposed to be replaced by compensating wetlands to be constructed in Outlot D. # 3) The reduction of the 100 foot wetland buffer down to 25 feet for the wetlands located to the east of lots 3-8. A Levell! Sensitive Areas Review is required prior to development due to these requested modifications. A Level II Sensitive Areas Review is considered a type of planned development and as such must comply with the applicable approval criteria for Planned Development Overlay. For a property containing a regulated wetland, a Wetland Mitigation Plan is required to be submitted along with a Sensitive Areas Development Plan. The mitigation plan should delineate the wetlands and the required natural buffer area, and delineate a construction area limit. The SAO strongly encourages avoiding delineated wetland areas and minimizing the impact of development on the wetlands, and therefore requires through investigation and consideration of alternative development design before compensatory mitigation is considered. The SAO requires an undisturbed, 100-foot natural buffer between any development activity and a regulated wetland unless said development activity is exempted. PCD\Staff Reportslsub05_00029_countryclub bobs revisions.doc 4 Regarding # 1) the proposed wetland averaging: The Sensitive Area Ordinance provides for buffer averaging where an increased buffer is deemed necessary or desirable to provide additional protection to one area of a wetland for aesthetic or environmental reasons. There is nothing in the mitigation plan that makes a case as to why any portions of the wetland should have an increased buffer and therefore a narrower buffer in other areas. Most of the areas where increased buffer depths are proposed are located in the northwest and southwest corners of Outlot D, adjacent to lots 13 and 14 and in the drainage easements between lots 75 and 76,82 and 83, and 149 and 150. There does not appear to be a reason to increase the buffer in these areas. Rather, they appear to be excess land that is not otherwise developable. The code states that buffer averaging may be allowed to protect wetland or other natural sensitive areas of high value or high diversity by reducing the buffer for an area where such buffer may be sufficient. Staff has consulted with Liz Maas, a wetland specialist, regarding the impact of the proposed development activity on the drainage way and the wetlands. She has indicated that in her opinion all portions of the wetlands within and adjacent to the drainage way need equal protection to ensure the continuance of the wetlands, and that there are no sensitive features on the western portion of Outlot D that need additional protection for aesthetic or environmental reasons. It appears the added buffer areas in Outlot D would not have been developed anyway due to difficult topography. Therefore staff believes that the proposal does not meet the SAO requirements for allowing buffer averaging. Even if buffer averaging can be deemed necessary or desirable, the buffer width can not be reduced more than 50 percent. The applicant's proposal does not meet this standard as the buffer width is less than 50 feet on the proposed lot 29. Staff recommends that the required 1 DO-foot buffer area should be provided, which will create a 200-foot continuous open space along the drainage way and the wetlands providing the required protection to the sensitive features, attractive open space as well as the area for the proposed prairie vegetation as presented by the applicant. The applicant has the option of proposing clustering of development in the areas outside of the wetland buffer. The applicant also proposes to use the Outlot D as one of the storm water management facilities for the proposed development. This necessitates grading and filling within the stream corridor limits, the wetlands and their associated buffers. The mitigation plan states that out of the 2.83 acres a total of 1.03 acres will be impacted by this and other infrastructure related development. Because most of the ground within Outlot D will be graded and storm water and sanitary sewer lines will be installed in the stream corridor and the wetlands within Outlot A, staff believes that the impacted area may be significantly more than reported in the mitigation plan. (A revised mitigation plan was submitted on August 30. Staff and the City's wetland consultant have not had sufficient time to review it and confer with the applicant's consultant regarding this potential discrepancy.) Most of the impacted area is within the stream corridor limits. The applicant is proposing compensatory mitigation by enhancing some of the impacted areas of the existing wetlands and creating new wetland area in Outlot D. The SAO states that the compensatory mitigation can beconsidered if it is clearly demonstrated that avoiding and minimizing the impact on a wetland is unreasonable. The SAO further states that compensatory mitigation will be considered only if the wetland disturbance is relatively small in relation to the overall wetland and if it can be shown the disturbance will not have an adverse effect on the overall wetland. If compensatory mitigation is permitted, the SAO requires replacement of comparable habitat at ratio of at least 3:1 (habitat replaced: habitat lost)-for areas where wetlands are located within a regulated stream corridor. For other regulated wetlands compensatory mitigation is required at the ratio of at least 1: 1. Therefore, staff believes if allowed the compensatory mitigation areas should be verified and revised to reflect the accurate area that is impacted by the development activity. Furthermore, the plan does not show the required 1 DO-foot buffer for some of the proposed compensatory wetland. PC DIStaff Reportslsub05_00029_countryclub bobs revisions.doc 5 The City's wetland consultant has also expressed concern about the wetland mitigation and future maintenance of the sensitive areas. The U. S. Army Core will monitor the wetland mitigation for five years. After this period the responsibility of maintenance is passed on to the developer or to the homeowners association. The City's wetland consultant recommends establishing a partnership with a non-profit conservation group to ensure the quality of the wetlands and the associated buffer areas are maintained overtime. Regarding # 2) the elimination of wetlands within the proposed Lakeshore Drive right-of-way and in the vicinity of lots 30-32, and # 3) the reduction of the 100 foot wetland buffer down to 25 feet for the wetlands located to the east of lots 3-8: staff recognizes that buffer averaging and reduction for the portions of the wetlands that are not directly associated with the drainage way can be justified and meet the SAO requirements provided that the long-tem maintenance of the compensatory wetland area is diligently addressed. Staff believes that this would provide ample opportunities for development on the south-eastern portion of the property while maintaining the full required wetland buffer adjacent to the drainage corridor. Traffic implications, Access and Street design: Currently the property can be accessed from Phoenix Drive and partly completed Lakeshore Drive. The proposed development will include an extension of the southern portion of the north-south collector street-Lakeshore Drive, which will connect to Rohret Road. The Southwest District Plan states that the north-south collector street between Melrose Avenue and Rohret Road should be configured so that it is not used as a cut-through route for non-local traffic. The proposed subdivision can also be accessed by Slothower Road via Melrose Avenue from the north. Both Rohret Road and Slothower Road are currently narrow, chip-seal surface streets and require substantial improvements, including right-of-way acquisition. Because this is a major development with a significant number of new residential lots, vehicular traffic as well as pedestrian and bicycle traffic on Rohret Road will increase. Improvements to Rohret Road and Slothower Road are not yet included in the Capital Improvement Program (CIP). Therefore, to provide access to this development, as a condition for this rezoning, the applicant should improve the portion of Rohret Road that is adjacent to the proposed lots (lot # 1 and 36) in the first phase of the development. Development of lots 78 to 154 should not occur until the improvement of the remainder of Rohret Road is in the CIP. If the applicant intends to develop additional lots along Rohret Road before the improvement project is included in the CIP, the applicanUowner is responsible for improvements to the street. The applicanUowner is required to dedicate land to the City as public right-of-way for both Rohret Road and Slothower Road, and provide necessary utility and construction easements. The applicanUowner will also be required to share the proportional cost of improvements of the portions of these roads that are adjacent to the subdivision. A portion of Slothower Road near the southwest boundary is in the county jurisdiction. This section ofthe street does not have a paved surface and is rarely used. If this section of Slothower Road is not relocated or vacated, eleven lots along Prescott Lane in the proposed subdivision will be double-fronting lots. To address this concern the applicant should request that the County and adjacent property owner vacate the southern potion of Slothower Road. If it is not vacated the subdivision should be redesigned to eliminate the double-fronting lots. Staff recommends that the vacation of this portion of Slothower Road be a condition for the rezoning and subdivision approval. As part of the proposed subdivision the east-west neighborhood streets, Tempe Place in the northern portion of the subdivision, Dunley Drive in the central portion and Tumbleweed Terrace in the southern portion will be extended to the west boundary of the property. DunleyCourt will create a connection between Slothower Road and Lakeshore Drive, which will function as the collector PCDlSlaff Reportslsub05_00029_counlryclub bobs revisions. doc 6 streets between Melrose Avenue and Rohret Road. Other new neighborhood streets Cactus Court, Desert Lane, Desert Court, Dusty Court, Mesa Court, Prescott Lane and Prescott Court, Sundevil Court, Sunset Terrace, and Wildcat Court will serve the proposed subdivision. The subdivision contains three cul-de-sac streets in the southern portion extending from Tumbleweed Terrace. Staff believes that sidewalk connections should be created from the cul-de-sac streets to Rohret Road for better neighborhood pedestrian connectivity. To provide adequate secondary access and to minimize traffic related to the construction activity through the existing neighborhood, the construction of Lakeshore Drive to Rohret Road should be required in the first phase. Some of the proposed lots along Slothower Road (# 139-149 and # 67-68) and Rohret Road (# 1, 36, 101, 102, 109, 110, 117, 118, 138 and 139) are double fronting lots. The subdivision regulations discourage such lots. The Comprehensive Plan indicates that where such lots can not be avoided, dense landscaping or earthen berm should be used rather than tall privacy fences, to buffer the rear yards from the arterial street. The preliminary plat shows a landscape buffer 20 feet north of the street right-of-way. The landscaped buffer should include a mix of evergreen trees and the landscaping should be planted by the applicant/owner prior to the issuance of any building permits for these lots. To avoid the long privacy fences along the streets, fences, if any, should be installed to the north side of the landscape buffer along Rohret Road and to the east side along Slothower Road. The final plat and legal papers should specify the requirement regarding the fences and the landscape buffer. Neighborhood parkland or fees in lieu of: Based on the Neighborhood Open Space Ordinance, a subdivision of this size is required to dedicate 1.93 acres of open space or pay fees in lieu of dedication. To pool all the neighborhood space for the Country Club Estates, at the time of previous subdivision plats, staff had recommended that the neighborhood open space or fees in lieu of should be considered at the time future proposals. The open space requirements for Country Club Estates Part 1 and 2 (0.25+ 0.40 acres) would be 0.65 acres. Therefore total neighborhood open space required is 2.58 acres. The proposal identifies Outlot B, containing approximately 4.35 acres, as an area to be dedicated to the City. Part of Outlot B is proposed to be used as a storm water detention basin for the northern portion of the subdivision. The Parks and Recreation Commission has considered the plat and voted in favor of accepting the dedication of Outlot B. Storm water management: The plan shows two storm water management facilities located within proposed Outlot B and Outlot D. Outlot B is proposed to be dedicated to the City to fulfill the neighborhood open space requirement. The long-term maintenance of this storm water basin needs to be addressed. Infrastructure fees: Water main extension fee of $395 per acre is required. Payment towards improvement of the portions of Slothower Road and Rohret Road adjacent to this subdivision will need to be included in the Conditional Zoning Agreement. STAFF RECOMMENDATION: Staff recommends that REZ05-00019, rezoning of approximately 82.3 acres located north of Rohret Road from ID-RS to RS-5 (18.58 acres) and from RR-1 to RS-5 (44.29 acres) and from RS- 5 (19.23) to OPD5 and SUB05-00029, a preliminary plat of Country Club Estates Part 3-8, a 154- lot, 82.3-acre residential subdivision be deferred to allow a redesign which meets the requirements PCDlSlaff Reporlslsub05_00029_countryclub bobs revisions.doc 7 of the Sensitive Areas Regulations. In absence of a redesign staff recommends that this application be denied. DEFICIENCIES AND DISCREPANCIES: 1) Provide information about the disturbance of regulated slopes 2) Identify and delineate all the construction limit lines to avoid disturbance of sensitive areas 3) Revise the impacted area of the wetland within the stream corridor limits and compensatory mitigation 4) Revise the buffers for created wetlands 5) Submit Site Grading and Erosion Control Plan 6) Other deficiencies and discrepancies identified by the City Engineer ATTACHMENTS: 1. Location Map 2. Plan or plat 3. Wetland Mitigation Report 4. Correspondence .f .(/{;-? J //1 ../ 1rf /'# // ( . ' Robert Miklo, Senior Planner, Department of Planning and Community Development Approved by: PCDlStaff Reportslsub05_00029_countryclub bobs revisions. doc 0') C\I 0 0 Vl 0 l- I L LO ::J 0 l- ce <( :::> ex:: (f) 0 0... --- ex:: 0') 0 U T""" >- 0 I- 0 U 0 <( I :s: LO 0 0 U- N 0 W >- a: I- t: t3 ~ ~ ~ t: t3 co I Ct) C/) t:: a:s a.. - C/) Q) +-' a:s +-' C/) W .0 :::::l () ~ lo... +-' C :::::l o () Z o ~ ~ < U o ~ ~ ~ ~ rJ) PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT PLAN COUNTRY CLUB ESTATES THIRD, FOURTH, FIFTH, SIXTH, SEVENTH & EIGHTH ADDITION IOWA CITY, IOWA =r =:~iir~ST. 10"'" CII'J. JOllA. 62l!40 ~ 51mnmnn'~ ........"""' W DE'mDPII!IIT LLP. MANCY WIWB IIR.IlIIlllSPiZIl I)OOBOIJ'ftlDlIJlllQUl:rn!EE'I' II.fi7rt.UlS'l'An'DIm: IOUCrrY. 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LOCATION MAP NOT TO SCALE ~inji ~~ij~ ~ !i~ ml~ m!1 1111 iih II Ih~~m I, lit. ~~~ i. ~" t:3~ d!linn~~1 UI~~ 1 81 2 Rohret Court, Sw Iowa City, Iowa 52240 August 31, 2006 Commissions 41 0 East Washington Street Iowa City, Iowa 52240 Re: Rezoning To Whom It May Concern: I stand opposed to the rezonoing of Country Club Estates. Having lived at 181 2 Rohret Court, Sw for 23 years, this rezoning impacts a tranquil peaceful neighborhood. Safety, traffic, aesthetics, wild life impacted, continuation of present environment, land valuations, vandalism, crime are of arguable concerns. A developer reaps economic gain from rezoning, maximizes profits, impacts lives and then leaves. I am left to live with the change starting with the view out my picture window. Development of this land seems an inevitability. It is small lot size and high density of homes I most strongly object to. Southwest Estates, Kessler Subdivision and homes south of Rohret Road all have larger lots. f1u~da Chester Schulte August 31, 2006 Karin Franklin Director, Planning and Community Development City of Iowa City Iowa City, IA 52240 Dear Karen: We just recently received the latest notification from your department regarding the application from S&J Development LLP requesting a rezoning of the property located within the Country Club Estates development (REZ05-00019/SUB02-00029). We greatly appreciate the efforts of you and your team in keeping us, and the other neighbors that are most directly impacted by further development of this property, informed regarding this action. We also met with Sunil Terdalkar, as well as had additional communications with Sarah Walz, on this current request in order to better understand the proposal from the developer. Based on our understanding of what is being proposed, we would like to express the following concerns and recommendations on this issue. However, first, to give you some insights on our perspective, we would like to let you know how our family came to be residents of one of the properties impacted by this proposal. Sarah and I are both native Iowans and graduates of the University of Iowa and we are very excited to be living back here in Iowa City. We moved back to Iowa 5 years ago after having lived in the Colorado Springs and Denver metropolitan areas for sixteen years, upon graduating from the university. There were two key reasons that we chose to make this move; 1) was to raise our family in an Iowa city that we felt offered and supported the family values that we grew up with, and; 2) to get away from the unbridled urban sprawl that we encountered while living in Colorado; which we felt greatly offset many of the wonderful benefits that Colorado has to offer. We do feel that we have made the right decision to come to Iowa City and have enjoyed the experiences offered by living in such a culturally diverse, vibrant city. Knowing that one of the key reasons we moved from Colorado to Iowa was to get away from the urban sprawl, we wanted to ensure we had an opportunity to understand the short and long range plans from a city planning direction. Timing-wise, we were fortunate to be able to attend 2 Southwest District planning meetingslworkshops organized by your department to solicit citizen input to the vision and guidance on future development in the district, shortly after we moved here. We certainly understand the need (and support the desire) of our community to continue to grow responsibly, as well as, allow others an opportunity to take advantage of what Iowa City has to offer. That is why we feel it is important to be involved in this process and to voice our concerns and offer our recommendations for consideration by the planning department and city council during this process. Based on available information, we have identified the following concerns with related commentary, and where we have recommendations; have stated them following the concerns. · Requested modification of the wetland buffers - Having lived in this neighborhood for 5 years now, one of the most surprising things to us is the amount, and variety, of wildlife that is able to co-exist in the Southwest District, despite the encroachment of continued development and farming. Due to the established pond, restored prairie and existing wetland areas, the Southwest District neighborhood families are currently able to enjoy viewing on a regular basis deer, eagles, red-tail hawks, foxes, numerous pheasants, grizzlies bears (just kidding), muskrats, raccoons, herons, geese, a variety of ducks, coyotes, and I'm sure many other species we may have failed to notice. Any allowed reduction in the wetlands (and corresponding buffers) will negatively impact this natural wild life habitat resource currently enjoyed by the neighborhood families and diminish the overall value of the area as a whole. Another key concern is the potential impact that changes may have on the water table level and future watershed/drainage problems. My understanding is that this wetlands area is required as an easement due to the presence of the upstream earthen dam. In the event of a major breach of this dam, any reduction in the buffers will cause a significant safety concern for residents and introduce liability issues for all parties responsible for changes to this area. The pond, earthen dam and downstream wetlands are intimately connected. Decisions regarding the fate of the wetland buffers must be made with this in mind. Based on . Page 2 August 31, 2006 our specific experience here over the last 5 years, we have experienced 1 very wet year where we had considerable water running through the natural drainage ways, followed by the most recent 4 years of a relatively dry period where there has been minimal moisture content in the areas surrounding our property. If reduction of the buffers is allowed and we have another year of heavy moisture (which will happen), if there is a negative impact to the surrounding properties, who has accountability/responsibility for this situation as a result of these decisions? Does the Developer or the city have responsibility for resulting impacts or does the burden fall on the individual property owners if damages result as a result of water problems? o Recommendation - Instead of allowing reduction of the existing wetland areas and corresponding buffers, I would recommend a redesign of the current lot layouts that actually allow for an increase in the wetland space by clustering the lots and dispersing them throughout the more suitable available remaining property. Clustering will help reduce the lawn chemical runoff, as well as help facilitate/reduce the associated vehicle traffic/noise from the development. This will also help greatly support one of the key principles of "preserving the rural character" for this district, as an expressed desire by its citizens. Discussions and decisions should address the accountability / responsibility / liability issues as well. . Lack of Effective Transition between existing RR1 zoned properties and proposed rezoned RSS (OPDS) properties - one of the key issues that was raised and discussed at length in the breakout sessions at the district planning meetingslworkshops was the need to provide for a better transition between existing properties and newly proposed developments. One only needs to recall the concerns voiced by the residence of the Benton neighborhood areas to know t~at failure to provide a well thought out transition will have a negative, long-term impact on a neighborhood in retaining and attracting new families to that area. A well-planned transition will lessen the appearance of urban sprawl and reduce the potential negative impact on existing property valuesof bordering properties. Another key concem in regards to the current proposed plat map from the Developer is in regards to the specific lot sizes allowed / reflected in the RS5 zoning area. There are a large number of lots that are 0.2x acres with some having a street-facing dimension of only 65' (feet). This lot size will not allow builders to build custom houses (with 3-car garages, larger floor plans, etc) that will maintain/enhance the current character of the existing Southwest Estates and existing Country Club Estates neighborhoods. There are plenty of existing neighborhoods available (and being built) that can provide these smaller lot sizes to be built on. o Recommendation - allow rezoning by using a "graduated zoning" approach that allows a phased reduction of lot size from RR1 down to RSS (with minimum lot sizes and dimensions specified for this development). Inclusions of landscaping buffers can also be combined with this phased approach to further reflect a more orderly, growth planning effort and help reduce the urban sprawl impact. Iowa City has clearly shown that there is a continual need to have close-in; larger lots that are marketable even in a down economy. . Proposed Road Designs - the current proposed layout of lake Shore Drive indicates that this street will become a major through street for nonresidential traffic accessing Rohret Road from Melrose Avenue (and vice versa) due to the lack of any other major roads connecting these two heavily traveled roads. This will include heavy commercial traffic, as well as heavy traffic going to the county landfill, West high school, and even traffic to/from the Coralville area. Residential streets are not designed for this level/type of traffic and it introduces significant safety/liability issues, if this design is approved. A well-designed residential neighborhood should have streets designed with the neighborhood as the destination point, not as through streets. o Recommendations - redesign the street layouts within the proposed development to prevent any possibility of them becoming through streets (now and in the future). Redesign the project to have more desirable cul-de-sacs to enhance the neighborhood destination concept. Also consider use 2 . Page 3 August 31, 2006 of cul-de-sacs within the subdivisions to prevent the need to have a road built over the wetland areas, to minimize the impact to them. Seriously consider redesigning and opening up Slothower Street to accommodate the need to have a viable northlsouth access route between Rohret Road and Melrose Avenue. Require that this project be completed before allowing further development of this subdivision. · Minimal Park, Green space, Trail Allotment - although there is currently designated park space in the proposed development plan, it is woefully lacking to meet the needs of the currently proposed addition of 154 families (lots), along with the neighboring properties. This is the best opportunity at this stage of the development to plan for this type of required space to meet the needs of a true, well-planned, community- oriented neighborhood that can provide the facilities for a good work-life balance. Once the land has been developed, there will be no going back to try to accommodate such requirements. o Recommendation - consider allotting additional, more centrally located park space, while planning sufficient trails and connecting sidewalk space to ensure an "interconnected" neighborhood and park system. This concept received "overwhelming support" from the citizens during the district planning meetings. Such family-friendly amenities will significantly enhance the perceived value of the lots and will likely offset any required trade-off in initial total projected lots envisioned by the developer to ensure a fair retum on their investment. · Impact on Infrastructure (roads, sewer, water, etc) and community services (police, fire, recreation, etc.) - allowing rezoning of current RR1 to RS5 will have significant implications on the existing and required infrastructure and community services. o Recommendation - these requirements should be met in advance or at least in parallel with the plans to build out such a large development. Failure to do so will significantly impact existing residents and increase risks/liabilities associated with any short-fall in such areas. Although this letter reflect our specific concerns/recommendations, during this past week we have had discussions with many of our neighbors who have shared similar concems and their ideas on this proposal as a result of the letter we received. As such, you can anticipate that there will be more communication from the neighbors on these concems during the upcoming meetings. Thank you for your time and consideration on these issues. We look forward to working with your team, the Developer, and the City Council to help ensure that Iowa City remains a city that continues to attract Iretain families and businesses based on its well-planned neighborhoods and family-oriented perspectives. Sincerely, Larry and Sarah Jewell 53 Tucson Place Iowa City, Iowa 52246 ICJewellstlllmchsi.com Cc: Sarah Walz Sunil Terdalkar 3 STAFF REPORT To: Planning & Zoning Commission Prepared by: Sunil Terdalkar Item: SUB06-00014 - Windsor Ridge Part Twenty B Date: September 7,2006 GENERAL INFORMATION: Applicant: Arlington Development INC. 1486 First Ave, Unit A Iowa City, IA 52240 (319) 338-8058 Contact Person: MMS Consultants, Inc. 1917 South Gilbert Street Iowa City IA 52241 Phone: (319) 351-8282 Requested Action: Subdivision Final Plat Purpose: Development of a 2-lot residential subdivision Location: South of Lower West Branch Road north of York Place Size: Approximately 2.70 acres Existing Land Use and Zoning: OPD-8 Surrounding Land Use and Zoning: North: Undeveloped County Residential- R South: Residential Planned Development - OPD-8 East: Residential Planned Development - OPD-8 West: Residential Planned Development - OPD-8 Comprehensive Plan: Low Density Single-Family Residential File Date: August 11, 2006 September 25, 2006 October 10, 2006 45-Day Limitation Period: 60-day Limitation Period: BACKGROUND INFORMATION: The applicant, Arlington Development Inc., is requesting approval of the final plat of Windsor Ridge Part Twenty B, a 2-lot residential development with one outlot on approximately 2.70 acres of land. The property located south of Lower West Branch Road, north of York Place and west of Red Hill Lane. This is subdivision is part of the overall Planned Development of Windsor Ridge Parts Sixteen-Twenty. The Preliminary Plat and Preliminary OPD for was approved in November 2002. 2 ANAL YSIS: The final plat as submitted is, in general, consistent with the preliminary plat. With this subdivision, approximately eleven town homes on two low density multi-family residential lots will be added to the planned development of Windsor Ridge. The final plat is being reviewed by the City Engineer. Legal papers have been submitted and are being reviewed by the City Attorney. Review and approval of construction drawings by the City Engineer and legal papers by the City Attorney is required prior to City Council consideration. In the proposed subdivision, Outlot A covering approximately 0.88 acres (previously shown as 0.93 acres on the preliminary plat) of land is to be dedicated to the City as open space. This dedication will partially satisfy the Neighborhood Open Space requirements for Windsor Ridge Parts Sixteen- Twenty. The conditional zoning agreement agreed upon at the time of the planned development approval specifies that the applicant is to dedicate 0.93 acres (identified as Outlot A along Lower West Branch Road) and pay fees in lieu of 0.99 acres. After the dedication proposed with the final plat, the applicant is required to dedicate 0.05 acres of land as Neighborhood Open Space or pay additional fees in lieu of land. The legal papers should address this issue. STAFF RECOMMENDATION: Staff recommends approval of SUB06-00014, a final plat for Windsor Ridge PartTwenty B, a 2-lot, residential planned development on approximately 2.70 acres of land located south of Lower West Branch Road and north of York Place, subject to staff approval of construction drawings and legal papers prior to City Council consideration. ATTACHMENTS: 1. Location Map 2. Final plat Approved by: ~. Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadminlstfreplsub06-00014 windsorridgepart20b-final ~ t: t3 ~ ~ ~ t: t3 /1.--------- Jil.-Jllt:!. ~N ----- --- "" ----- \ \ " \ "" ===IOO"OVO"T [f-=~~= dO OQOiVI1N3d8 <( z z <( ex) C c.. o Lt) C c.. o ~ .,.... o o o I CD o CO => (f) CO o C\J t:: CO a.. Q) Q) "'0 a: L- a (j) "'0 C $ . . 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Ii! u tU ;; 0, ., !l!] I< ~.u -0 i;1 dl ~$':: 0, 0 ~;~ .~ g "- ~ ~ t' ~'~i ;il ~ 0, u ~~~ S~~ ~ S ~l~ ~~~ I i ~ ~S~ ~~> Ii ~.I ~~ii ~ 9 \.- - - .-J City of Iowa City MEMORANDUM September 1, 2006 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Re: Proposed amendments to the Zoning Code Attached are a number of staff proposed amendments to the Zoning Code. It has been nine months since the new code was adopted and it has proved to be a good test period for the new code. While the zoning code is largely working as we expected, there are a few corrections that should be made. The attached amendments are largely minor corrections of inconsistencies between the various sections of the zoning code or between the zoning code and the building code, deletions of obsolete language, clarifications of language that may be confusing or misleading, and changes that will create additional flexibility for unusual circumstances that cannot always be predicted. Please note that only the underlined sections on the following pages represent new language. The language shown with strikethrough is proposed to be deleted. We have tried to provide enough of the surrounding code language to give you some context within which to understand the changes proposed amendment, but everything that is not underlined or struck through is existing language in the code and will remain the same. Following is a brief description of the amendments included in this packet: 1. Addition of a provision allowing a waiver of the landscape screening standards where the view from adjacent properties or the street is blocked by natural or human-made features such that the screening standard is effectively met. 2. Correction of an obsolete procedure for applying bonus provisions in the CB-5 and CB- 10 Zones. 3. Deletion of redundant language in the description of the retail use category. 4. Clarification of the rules for separating aisles and drives within parking lots to allow more flexibility to locate parking spaces along drives in situations where traffic safety will not be compromised. 5. Correction of an typographical error regarding the maximum FAR in the CB-5 Zone, as stated in a footnote to Table 2C-2(a), Dimensional Requirements for all Commercial Zones, except the MU Zone. 6. Deletion of the list of examples of uses allowed within the Public Zone 7. Amend regulations so that basic sign regulations will apply to publicly zone property. 8. Addition of a cross reference within the historic preservation regulations to clarify that requests for new access drives for historic properties must be reviewed by the Historic Preservation Commission. 9. Amend requirements for daycare uses to clarify standards for drop off I pick up areas and to increase and clarify the parking requirements to ensure adequate on-site parking for these uses. 10. Deletion of specific setback requirements for educational facilities in higher density zones and addition of an option to seek a special exception to modify the special setback requirements for educational facilities within single family residential zones. 11. Deletion of special setback requirements for religious/private group assembly uses in higher density zones and addition of an option to seek a special exception to modify the special setback requirements for religious/private group assembly uses within single family residential zones. 12. Clarification that a building permit is required for retaining walls over 4 feet in height. 13. Clarification to correct ambiguous language regarding the side and rear setback requirements for accessory buildings. 14. Clarification to correct ambiguous language regarding properties that are nonconforming with regard to parking requirements, landscaping and screening requirements, and outdoor lighting standards. 15. Correction of typos in the names of zones within Table 5B-1, Sign Specifications and Provisions in Residential Zones and the ID and OPDH Zones. 16. Clarification that the Iowa City Arterial Street Map is based on the JCCOG Arterial Street Map 17. Clarification that an exemption listed in the code applies to all tree requirements of Article 5E, not just the street tree requirements. 18. Amend the light trespass standard so that it will not conflict with the Building Code standard for required lighting at building exits. 19. Addition of an exemption from the total outdoor light output standards for properties where the building coverage exceeds 80%. 20. Clarification regarding how standards for architectural style will be administered for new two-family, multi-family and group living uses in the Central Planning District. 21. Clarification of the description of wholesale sales uses to distinguish these uses from retail uses. 22. Amend the damage and destruction clauses for nonconforming uses and structures so that calculations are based on assessed value of the property instead of replacement value. 23. Clarification of procedures for obtaining a fence permit. 24. Clarification of the definition of "cottage industry." 25. Amendment to the definition of floor area to make it clear that the area of garage is only excluded from the calculation of floor area if it is a garage that is attached to the principal building. 26. Clarification of the definition of "grade," deleting unnecessary language that may be confusing. 27. Clarification of sensitive lands definitions to be consistent with recently adopted changes to the sensitive areas regulations. 28. Correction within Table 2C-2(b), Dimensional Requirement for the Mixed Use Zone, to make it clear that the front setback coverage standard does not apply to nonresidential uses. 29. Correction of the maximum residential densities allowed in planned developments so it is consistent with the maximum densities in the respective base zones. 30. Amendments to building articulation standards within the code to clarify how the standards apply to the "horizontal plane" versus "vertical plane" of a building. Approved by: ~ Robert Miklo, Senior Planner Department of Planning and Community Development Amendment #1: Add an exception to screening standards to allow more flexibility for sites where screening is already effectively provided by a change in topography or a human-made element, such as a building or a railroad abutment. Multi-Family Zones Amend subparagraph 14-2B-6C-3a. as follows: a. A buffer area at least 10 feet in width and landscaped to at least the S2 standard must be provided between any parking area and adjacent properties and between any parking area and street rights-of-way (See Article 14-5F, Screening and Buffering Standards). The City may exempt from this landscaping requirement any specific location along a side or rear lot line where a parking area, aisle or drive is shared with an abutting lot. The City may also waive the landscape screenina requirement where the view from adiacent properties is or will be blocked by a sianificant chanae in arade or by natural or human-made features. such that the screenina is effectively provided and the intent of the standard is met. as determined by the Buildina Official. Commercial Zones Add a paragraph 5. to 14-2C-6G, Landscaping and Screening: 5. Screenina may be waived by the Buildina Official where the view is or will be blocked by a sianificant chanae in arade or by natural or human-made features. such that the screenina is effectively provided and the intent of the standard is met. as determined by the Buildina Official. Add a subparagraph g. to 14-2C-6/-2, as follows: g. Screenina for outdoor storaae and display areas may be waived by the Buildina Official where the view is or will be blocked by a sianificant chanae in arade or by natural or human-made features. such that screenina is effectively provided and the intent of the standard is met. as determined by the Buildina Official. Add a paragraph 4. to 14-2C-7/, as follows: 4. Screenina may be waived bY the Buildina Official where the view is or will be blocked by a sianificant chanae in arade or by natural or human-made features. such that screenina is effectively provided and the intent of the standard is met. as determined bY the Buildina Official. Add a subparagraph c. to 14-2C-BG-3, as follows: c. Screenina may be waived by the Buildina Official where the view is or will be blocked by a sianificant chanae in arade or by natural or human-made features. 1 such that screenina is effectively provided and the intent of the standard is met. as determined by the Buildina Official. Add a subparagraph c. to 14-2C-9E-3, as follows: c. Screenina may be waived bY the Buildina Official where the view is or will be blocked by a sianificant chanae in arade or by natural or human-made features. such that screenina is effectively provided and the intent of the standard is met. as determined by the Buildina Official. Industrial Zones Delete paragraph 14-2D-5F-2: 2. All outdoor storage areas that are located along a side or rear lot line that does not abut a publio right of way must be setbaok at least 10 feet from said lot line and screened from view of the adjacent property to at least the S3 standard. If a fenoo is built around the storage area, the required soreening must be looated between the fence and the adjacent property. Add a new paragraph to 14-2D-5F as follows: 3. Screenina may be waived by the Buildina Official where the view is or will be blocked by a sianificant chanae in arade or by natural or human-made features. such that screenina is effectively provided and the intent of the standard is met. as determined bY the Buildina Official. Public Zones Add a paragraph 6. to 14-2F-5C, as follows: 6. Screenina may be waived by the Buildina Official where the view is or will be blocked by a chanae in arade or by natural or human-made features. such that screenina is effectively provided and the intent of the standard is met. as determined by the Buildina Official. 2 Amendment #2: Correction of out-of-date procedures for applying bonus provisions in the CB-5 and CB-10 Zones Amend 14-2C-80, as follows: O. Bonus Provisions The following bonus provisions are intended to provide an incentive for developments to incorporate features that provide a public benefit and to encourage excellence in architectural design. Floor area in excess of that allowed by the permitted base floor area or dwelling units in excess ofthe density otherwise achievable under the provisions of this Seetion Article may be granted. Bonl:lses are based on a f.loiRt system. Points may be awarded f-or proposed eeReflt featl:lres that The Director of Planning and Community Development will determines whether the proposed features are appropriate in design and in the proposed location. Decisions of the Director may be appealed to the Board of Adjustment. Bonuses allowed are enumerated in Table 2C-4. Amendment #3: Delete redundant language in the description of the retail use category. Delete 14-4A-4H-4h because it is a repeat of 14-4A-4H-4f. f. Bed and Breakfast Inns and Bed and Breakfast Homestays are considered accessory uses to owner-occupied Detached Single Family Dwellings and are regulated according to the provisions specified for such uses in Article 14-4C, Accessory Uses and Buildings. h. Bod and Breakfast Inns and B13d and Bmakfust Homest3Ys are considered accessory uses to Household Living (See Article 1 <I <Ie, Accessory uses and Buildings). Amendment #4: Clarify separation of drives and aisles within parking lots to allow more flexibility to locate parking spaces along drives in situations where traffic safety will not be compromised Amend 14-5A-5H-4, Circulation, as follows: 4. Circulation: Parking areas must be designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation according to the following standards and the standards of the base zone in which the property is located. a. Parking areas must be set back from rights-of-way and abutting properties and properly screened from view as specified in the applicable base zone regulations. b. Drives must not be used as aisles, except as follows. If two p<lrking areas on a lot are connected by a drive, th<lt drive may also be used <::IS <::In aisle for not mor-c th<ln 12 parking spaces. The drivers) on a property should be designed to facilitate vehicular circulation and connect street access points to parking areas. loading and unloading areas, drive- through facilities, and other vehicular use areas on a lot or tract. In general, drives should not be used as aisles. However. the City may allow parking SDaces along a drive in situations where vehicular and Dedestrian safety will not be compromised. When determining the length and location of drives and the configuration of parking spaces and aisles, the City will consider such factors as: (1) Size and shaDe of the parking lot - large parking lots with multiple aisles of parking may need a system of separated drives to facilitate traffic circulation: parking SDaces should not be located along main circulation routes where traffic speeds may be higher, but may be allowed in lower traffic volume areas. In small Darking areas, circulation drives may not be necessary. (2) Proximity to street access points - parking spaces should not be located so as to impede vehicles entering or exiting the site. The throat length of drives at street access points must be sufficient in length to provide the necessary vehicle stacking based on the anticiDated traffic volume. Parking spaces and aisles will not be allowed in close proximity to the necessary driveway throats, as determined bv the City. (3) Proposed use of the drive - parking SDaces should not be located so as to impede drive-through lanes, loading and unloading areas, or higher volume delivery or truck circulation routes. c. To control vehicle speeds and facilitate traffic safety and circulation, drives must be separated from parking spaces and parking aisles by landscaped medians and islands as illustrated in Figure SAA, below. d. When used, medians should be at least 4 feet in width and be landscaped. If a median contains trees, it ~1edians should be at least 8 feet wide to ()ccommodate parking lot trees. If medians are intended for pedestrian circulation they should be approximately 12 to 20 feet wide to accommodate a walkway and shrubs and/or trees to buffer pedestrians from surrounding vehicle areas. e. To guide turning vehicles, maintain sight lines, and protect vehicl.es at row ends, the free end of all parking aisles must be capped with a landscaped terminal island as illustrated in Figure SA.3, below. In the CN-1 Zone, at least one shade tree must be provided within each terminal island. Figure SA.3 - Terminal Parking Islands ....-------- ~ 0000 f. Parking spaces within parking areas must be provided with car stops or curbing to prevent encroachment into landscaped setbacks, medians, and islands, or ()butting parking spaces. g. Parking areas must be designed to permit ingress and egress of vehicles without needing to move any other vehicle occupying a parking space. h. No parking area shall be designed in such a manner that exiting a parking area would require backing into a street. i. If the number of parking spaces required or provided for a use or a combination of uses on a lot is greater than 8 spaces, none of those spaces may be located in such a manner that would require backing into an alley. Amendment #5 - Correction of a typo regarding maximum FAR in the CB-5 Zone. In table 2C-2(a), that maximum FAR allowed with bonuses in the CB-5 Zone was inadvertently changed from 5 to 7 in footnote 5. This was not an intentional change, was never discussed as a change by the Planning and Zoning Commission or the City Council, and thus should be corrected. Amend footnote 5 within Table 2C-2(a) as follows: CQ.1 none 2,725 none none 10 0' 01 none 257 none 1 or 33 CN-1 none 1,800 none none 5 01 01 See Section 22 or 352 18 14-2C-7E CH-1 none n/a 100 none 10 01 0' none none none 1 CI-1 none n/a none none 10 01 0' none 35 none 1 CC-2 none 2,725 none none 10 01 01 none 35 none 2 CB-2 none 875 none none 0 01 0' none 45 none 2 CB-5 none none none none o or 104 01 0' 12 75 25 35 CB.10 none none none none 0 or 104 01 0' 12 none 25 106 Notes: n/a = not applicable , A side setback or rear setback is not required where the side lot line or rear lot line abuts a nonresidential zone. However, where a side lot line or rear lot line abuts a Residential Zone, a setback at least equal to the required setback in the abutting Residential Zone must be provided along the Residential Zone boundary. 2 Maximum height is 22 feet for one-story buildings, with the following exception. One-story buildings may exceed 22 feet in height if there are clerestory windows facing the street that give the appearance of second floor space. The maximum height for all other buildings is 35 feet. 3 Maximum FAR is 1, except for lots across the street from RM, C, or I Zones. The maximum FAR is 3 for lots across the street from RM, C, or I Zones. 4 A front setback is not required, except for buildings that front on Burlington Street. Buildings must be set back at least 10 feet from the Burlington Street right-of-way. Building columns supporting upper stories may be located within this 10-foot setback provided an adequate pedestrian passageway is maintained. 6 Maximum FAR is 10, except for lots with an approved FAR bonus. For lots with approved FAR bonuses, the FAR may be increased up to a maximum of 12. 7 Additional height is allowed under certain circumstances. See Section 14-2C-4C-1 d(2). Amendment #6: Delete examples within Public Zone permitted uses in order to avoid confusion. Delete list of examples in 14-2F-2B-2 as follows: B. Permitted Uses 1. Plant-Related Agriculture 2. Land, buildings or structures owned by the Federal or State governments, or political subdivisions thereof, and used for public or governmental purposes. These uses include, but Z1re not limited to the following: R. Airports Z1nd Helicopter Landing Facilities b. Assisted Gmup U'Jing e. B~sic Utilities d. Colleges ~nd Universities e. Commercial Parking f. Community Service Uses g. Daycare h. Detention Facilities i. Educational Facilities j. Hospit~ls k. Industrial Service I. Office Uses m. Parks and Open Space R. Publicly o'::ned Communication Transmission F~cilities 8. W~rehouse and Freight ~1ovement p. W~ste Related Uses Amendment #7 - Amend Public Zone regulations so that basic sign regulations apply to signs located on publicly zoned property and clarify language regarding signs adjacent to residential zones. This amendment will ensure that signs are located in a manner that does not compromise public safety and prevent unduly large or brightly lit signs near residential neighborhoods. The changes to 14-58-3 clarify that these standards apply to signs located within non-residential zones, but within proximity to residential zones. Without this clarification, there would be conflicts between this language and the sign regulations that apply to signs within residential zones. Add a new paragraph 1 within 14-2F-3C as follows and renumber subsequent paragraphs accordingly: C. Site Development Standards 1. Sign Reaulations Sections 14-5B-3 and 14-5B-4 are applicable to uses within the Public Zone. Amend Sections 14-58-3 and 14-58-4 as follows: 14-5B-3 General Location Standards A. Location Standards For All Zones 1. No sign shall be located in violation of the Intersection Visibility Standards set forth in Article 14-5D. 2. All non-building signs, and all parts thereof, must be set back at least 5 feet from any property line, with the following exception. Signs may be located closer than 5 feet to a property line at 10 feet or more above grade, provided no part of the sign or sign support overhangs any property lines. In addition, freestanding wide-base signs must not be located closer than 10 feet to any right-of-way or closer than 30 feet to any street curb. 3. Building signs must comply with the building setback requirements of the base zone. No part of a building sign or sign support may overhang a property line, unless specifically allowed in this Article. 4. For any sign that is allowed to project over the public right-of-way according to the provisions of this Article, a Use of Public Right-of-Way Agreement must be signed by the property owner as a part of the permitting process. 5. No sign shall obstruct ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe or fire escape. B. Signs Adjacent To Residential Zones 1. Any sign located in a Non-Residential zone. but within 100 feet of a Residential Zone is subject to the standards and limitations of must comply with the requirements of Subsection 8C, Sign Standards in the CO-1, CN-1 and MU Zones. 2. Electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14-9C, Sign Definitions. 3. In Non-residential Zones, except for facia signs, no sign shall be located in the required front building setback area within 50 feet of a Residential Zone. 4. Facia signs located in Non-residential Zones and within 50 feet of a Residential Zone on the same side of the street shall not be placed on the wall of the building facing the Residential Zone. 14-5B-4 Construction and Maintenance Requirements A. Construction All signs, except for temporary signs, shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and loads as required by the Building Code. B. Minimum Clearance Height The minimum clearance height is measured from grade to the lowest point on the sign. The minimum clearance height for freestanding, banner, and time and temperature signs is 10 feet. For storefront projecting signs allowed in the CB-2, CB-5 and CB-lO Zones, the minimum clearance height is 8 feet. C. Maintenance All signs shall be maintained in such a manner as to avoid becoming a hazardous sign. D. Changeable Copy 1. Copy that is changed manually Any sign may contain copy that is changed manually. 2. Copy that is changed electronically Signs where the copy is changed by electronic means are only allowed as specified below. a. The sign must be located in a Commercial Zone or the ~1U Zone in a Public Zone. However, electronic changeable copy signs are not allowed within 100 feet of a Residential Zone, except for allowed Time and Temperature Signs, as defined in Article 14-9C, Sign Definitions. On properties zoned Public. electronic changeable copy signs are not allowed where said sign would be visible from any adjacent Residential Zone. b. Electronic changeable copy is allowed on only one sign per lot. In the CH-1, CI-1, CC-2, CB-2, and CB-5 Zones, a Time and Temperature Sign, as defined in Article 14-9C, Sign Definitions shall not count toward the one sign limit. c. The changeable copy may not be animated (See definition of ANIMATED SIGN in Article 14-9C, Sign Definitions). The copy may be changed no more than once per hour, except for designation of the time and temperature, which may be changed more frequently. d. The sign may not contain images or be of a brightness that will interfere with, obstruct the view of, or confuse traffic. The sign may not contain images that may be confused with any authorized traffic sign, signal or device. The sign may not make use of the words, "stop," "go slow," "caution," "drive in," "danger," or any other word, phrase, symbol or character in such a way as to interfere with, mislead or confuse traffic. e. The sign must comply with the illumination standards as specified in the following subsection. f. In the MU, CO-l, CN-l, and CB-10 Zones, electronic changeable copy is only allowed on a time and temperature sign (See definition of TIME AND TEMPERATURE SIGN in Article 14-9C). The electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. g. In Public Zones and in CH-l, CI-l, and CC-2 Zones, electronic changeable copy is only allowed on time and temperature signs, freestanding signs, freestanding wide-base signs, and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. On freestanding and freestanding wide-base signs the electronic changeable copy portion of the sign may not exceed 40 percent of the area of the sign face. For monument signs the electronic changeable copy portion of the sign may not exceed 50 percent of the area of the sign face. h. In the CB-2 and CB-5 Zones, electronic changeable copy is only allowed on time and temperature signs and monument signs. On time and temperature signs, the electronic changeable copy portion of the sign is limited to the display of the time and/or temperature and may not exceed 40 percent of the area of the sign face. On monument signs the electronic changeable copy portion of the sign may not exceed 75 percent of the area of the sign face. Amendment #8: Clarification that requests for new access drives for historic properties must be reviewed by the Historic Preservation Commission. The ordinance already requires this review, because an access permit is considered a "regulated permit," but adding this language will be a flag to those that are issuing access permits. Amend paragraph 14-38-38-2, as follows: 2. For purposes of this Article, a material change is any act that adds new materials or otherwise modifies an exterior feature of a property. Material changes include alterations to the exterior features of a building or structure, demolition ofa building or structure, demolition of a portion of a building or structure, and new construction on a property, including construction of any new street access drives. Amend the definition of "material change" in Article 14-98, Historic PreseNation Definitions as follows: MATERIAL CHANGE: any act that adds new materials or otherwise modifies an exterior feature of a property. Material changes include alterations to the exterior features of a building or structure, demolition of a building or structure, demolition of a portion of a building or structure, and new construction on a property, including construction of any new street access drives. Amend 14-5C-3E as follows: E. ^ Certificate of Appropriateness issued by the Historic Preservation Commission Historic Review. as set forth in Article 14-8E of this Title. Historic Preservation Commission Approval Procedures. is required for any new access to property designated as an Iowa City Landmark or property located in a Historic or Conservation District. Amendment #9: Amend requirements for daycare uses to clarify parking and vehicular circulation requirements. Amend subparagraph 14-4B-4D-6d, Vehicular Circulation, as follows: d. Vehicular Circulation The drop off .' pick up area for the use must be designed to allow for sufficient stacking spaces located in proximity to the main entr::mce. The use must provide a drop-off / pick-up area in a location that is convenient to or has aood pedestrian access to the entrance to the facilitv. This drop-off / pick-up area must contain sufficient stackina spaces and/or parkina spaces to ensure that traffic does not stack into adiacent streets or other public riahts-of-wav (See minimum parkina reauirements for Davcare in Table 5A-2). To promote safe vehicular circulation, one-way drives are encouraged. Amend Table 5A-2, Minimum Parking Requirements for all Zones, except CB-5 and CB-10 Zones, as follows: USE CATEGORIES SUBGROUPS Parking Requirement Bicycle Parking Institutional And Civic Uses Daycare 1 space per employee based on the maximum number of employees at the site at anyone time alus one 10% oarkina soace for each 10 children or clients served, based on the maximum number of children oresent on the site at anyone time, plus one stacking space for each 20 children or clients served, based on the maximum number of clients or children oresent on the site at anyone time. Additional oarkina soaces at a ratio of 1/20 clients or children served may be substituted for the stackina soaces, if the City determines that such an arranaement will not cause traffic to stack into adiacent streets or oublic riahts-of- '!!EY... Amendment #10: Setback requirements for educational facilities - Delete special setback requirements for educational facilities in zones where such uses are provisional. In these zones, the base zone setback requirements that apply to other non-residential uses would apply to religious/private group assembly uses. In addition, clarify that the Board of Adjustment may grant reductions to minimum setback requirements for religious/private group assembly uses in Single Family Zones, subject to the same special exception approval criteria that apply to setback reductions for other uses. Note that special setback requirements apply in single family residential zones to ensure adequate separation and privacy for adjacent single family homes. Amend 14-48-40-8 and 14-48-40-9 as follows: 8. General Educational Facilities in the RR-l, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-l Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. The number of off-street parking spaces provided may not exceed one and one-half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The Board of Adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. e. ~~inimum Setb2lcl~: (1) Front: 20 feet (2) Side: 20 feet (3) Re\lr: SO feet d. If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. 9. General Educational Facilities in the RS-S, RS-8, RS-12, and RNS-12 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. ~1iAimum Setbelcl~: The following setbacks are required in lieu of the setbacks specified in the base zone. However, the Board of Adjustment may reduce these setbacks, subject to the aoproval criteria for setback adjustments as specified in 14-2A-4B-5, Adjustments to Principal Building Setback Requirements. (1) Front: 20 feet (2) Side: 20 feet (3) Rear: 50 feet c. The proposed use will be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. d. Given that large parking lots can seriously erode the single family residential character of these zones, the Board of Adjustment will carefully review any requests for parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on- street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. e. The proposed use will not have significant adverse affects on the livability of nearby residential uses due to noise, glare from lights, late- night operations, odors, and litter. f. The Building Official may grant approval for the following modifications to a Educational Facility, without approval from the Board of Adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located. (1) An accessory storage building less than 500 square feet in size. (2) A building addition of less than 500 square feet, provided the addition does not increase the occupancy load of the building. (3) If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. Amendment #11: Setback standards for religious/private group assembly uses - Delete special setback requirements for religious/private group assembly uses in zones where such uses are provisional. In these zones, the base zone setback requirements that apply to other non-residential uses would apply to religious/private group assembly uses. In addition, clarify that the Board of Adjustment may grant reductions to minimum setback requirements for religious/private group assembly uses in Single Family Zones, subject to the same special exception approval criteria that apply to setback reductions for other uses. Note that special setback requirements apply in single family residential zones to ensure adequate separation and privacy for adjacent single family homes. Amend 14-48-40-13 and 14-48-40-14 as follows: 13. Religious/Private Group Assembly in the ID-RM, ID-C, RR-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. Religious Institutions in existence prior to 1963 that are located in the RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 are exempt from and may expand without compliance with the required number of parking spaces. c. Religious Institutions located in the PRM Zone that have parking areas that existed prior to March 1, 1992 and if such parking areas are within 300 feet of a Commercial Zone, the Religious Institution may lease up to and including 2/3 of the required parking spaces within said parking areas to other users. d. The number of off-street parking spaces provided may not exceed one and one-half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The Board of Adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on-street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use e. ~~inimum Setb~cks: (1) Front: 20 feet (2) Side: 20 f-cet (J) Rear: SO feet f. If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-2B-6. 14. Religious/Private Group Assembly in the ID-RS, RS-S, RS-8, RS-12, and RNS-12 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. ~~inimum Sctb;)c1~: The following setbacks are required in lieu of the setbacks soecified in the base zone. However, the Board of Adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as soecified in 14-2A-4B-5. Adjustments to Principal Building Setback Reauirements. (1) Front: 20 feet (2) Side: 20 feet (3) Rear: 50 feet c. The proposed use will be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. d. Given that large parking lots can seriously erode the single family residential character of these zones, the Board of Adjustment will carefully review any requests for parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on- street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. e. The proposed use will not have significant adverse affects on the livability of nearby residential uses due to noise, glare from lights, late- night operations, odors, and litter. f. The Building Official may grant approval for the following modifications to a Religious/Private Group Assembly Use, without approval from the Board of Adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located. (1) An accessory storage building less than 500 square feet in size. (2) A building addition of less than 500 square feet, provided the addition does not increase the occupancy load of the building. (3) If the proposed use is located in a Residential Zone or in the Central Planning District, it must comply with the Multi-Family Site Development Standards as set forth in Section 14-26-6. Amendment #12: Permit requirements for retaining walls - To address an inconsistency between the Zoning Code and the Building Code, amend the zoning code so that retaining walls over 4 feet in height are required to obtain a permit. This is consistent with the requirement in the Building Code. Amend paragraph 14-4C-2L-1, as follows: L. Fences, Walls, and Hedges 1. Permit Required. A permit is required for all of the following: a. Electric fences; b. Barbed wire fences; c. Any fence or wall over 6 feet in height; d. Any retaining wall over 6 1 feet in height measured from the top of the footing to the top of the wall; and e. A retaining wall of any height that supports a surcharge or impounds flammable liquids. Amendment #13: Setback requirements for accessory buildings - The existing sentence structure may lead to confusion. This amendment will clarify the requirement. Amend 14-4C-3B-2c., as follows: c. Side and rear setback requirements (1) In Residential Zones (a) Along street-side lot lines, accessory buildings must comply with the front, principal building setback requirement. Along side or rear lot lines that are not street-side lot lines, accessory buildings must be set back at least 5 feet from the side or rear lot line. This 5-foot setback requirement may be reduced if an accessory building is set back at least 60 feet from the edge of the street pavement. In such cases, the building may be located within 3 feet of a side or rear property line, except garages and carports entered dir'Cctly fr-om an aHey. However. garages and carports entered directly from an alley must be set back at least 5 feet from the alley right-of- way line, regardless of how far back the structure is from the street. (b) A detached accessory building for a zero lot line dwelling must comply with the same side setback requirements as the principal dwelling. Amendment #14: Clarify standards for properties that are nonconforming with regard to parking requirements, landscaping and tree requirements, and outdoor lighting standards Amend subsection 14-4E-8B, Nonconforming Parking and Loading as follows: B. Nonconforming Parking and Loading 1. If a non-residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is modified, expanded or enlarged such that there is an increase in the number of required spaces over the existing situation, only the number of spaces relating to the enlargement need to be provided. These spaces are in addition to any spaces already in existence on the site. 2. If a residential use, which is nonconforming with regard to the required number of parking, stacking, or loading spaces, is changed in any way such that there is an increase in the number of required spaces over the existing situation, the property must be brought into full compliance with the number of spaces required. 3. Any portion of a nonconforming parking area or loading area that is reconstructed or expanded, must be brought into compliance with all applicable construction, design, location, and screening and landscaping requirements. 4. Whenever a use or uses, which are located on a site that is nonconforming with regard to the provisions of Chapter 5, Article A, Off-Street Parking and Loading Standards, is are enlarged by less than 50 percent in total floor area on the prooerty. the property must be brought into compliance with the development standards listed below. a. Applicable perimeter parking lot landscaping and screening requirements; b. Any new parking area must meet all applicable construction, design, location, and landscaping requirements. 5. Whenever a use or uses. which are located on a property that is nonconforming with regard to the provisions of Chaoter 5. Article A. Off-Street Parking and Loading Standards. is are enlarged By one or more 2ldditions times, the sum total of which increases the total floor area on the property by 50 percent or more, the property must be brought into full compliance with the provisions of Article 14-5A, Parking and Loading Standards, except ~s 2lllo'Ned in parilgf"ilph 1, 2lbove, and any applicable parking location and perimeter landscaping and screening requirements of the base zone, exceot as allowed in paragraph 1. above. The Building Official may modify or waive any such requirements that would necessitate moving buildings or other permanent structures on the site. 6. A use that is nonconforming with regard to the required number of parking, stacking, or loading spaces may be converted to a use in another use category or subgroup without full compliance with the number of parking, stacking, or loading spaces, according to the following rules: a. If the number of required spaces for the converted use is more than what was required for the established use, only the number of spaces beyond what was required for the established use need to be provided. These spaces are in addition to any spaces already in existence on the site. b. In addition to any additional spaces required in subparagraph a., as many spaces as the lot will accommodate must be provided, up to the number needed to fully comply with the standard. Amend 14-4E-8D, Nonconforming Landscaping/Screening, and 14-4E-8E, Nonconforming Outdoor Lighting, as follows: D. Nonconforming Landscaping/Screening Whenever a use or uses, which are located on a propertY that is nonconforming with regard to the screening, landscaping, and/or tree standards of this Title, are is enlarged By one or more times ~dditions, the sum total of which increases the total floor area on the property by 10 percent or more, the property must be brought into full compliance with any applicable screening and landscaping requirements of the base zone and of Article 14-4B, Minor Modifications, Variances, Special Exceptions and Provisional Uses. In addition, such a property must be brought into full compliance with Street Tree and Residential Tree requirements contained in Article 14-5E, Landscaping and Tree Standards. Rules governing the provision of trees and landscaping for nonconforming parking and loading areas are stated in subsection B, above, Nonconforming Parking and Loading. The City may waive any landscaping or screening requirement that cannot be met due to a conflict with any other requirement of this Title. Conflicts with non-required elements of a development do not qualify for this waiver. E. Nonconforming Outdoor Lighting 1. Any existing light fixture that is nonconforming with regard to how the fixture is aimed must be brought immediately into compliance if it is possible to re- aim the existing fixture. 2. Upon repair, replacement, or relocation of any luminaire, such luminaire must comply with any applicable requirement that it be fully shielded. 3. Whenever a use or uses, which are located on a property that is nonconforming with regard to the provisions of Article 14-5G, Outdoor Lighting Standards, is are enlarged by less than 50 percent in total floor area on the property, any new outdoor lighting installed due to the enlargement must fully comply with the Outdoor Lighting Standards. Existing nonconforming lighting may remain, except as specified in paragraphs 1. and 2., above. 4. Whenever a use or uses, which are located on a property that is nonconforming with regard to the provisions of Article 14-5G. Outdoor Lighting Standards, is are enlarged By one or more times ~dditions, the sum total of which increases the total floor area on the property by 50 percent or more, the property must be brought into full compliance with the provisions of Article 14-5G, Outdoor Lighting Standards. Amendment #15 - Correct typos in names of zones in Table 58-1: Sign Specifications and Provisions in Residential Zones and the 10 and OPOH Zones Amend Table 58-1 as follows: ID-RS, RR-1, RS-5, RS-8, RS-12, RNG RNS-12, ID-RM, RM-12, RM-20, RNG RNS-20, RM-44, PRM ID-RS, RR-1, RS-5, RS-8, RS-12, RNG RNS-12, ID-RM, RM-12, RM-20, RNG RNS-20, RM-44, PRM 1 Only one sign is permitted; one facia sign, one awning sign, or one monument sign (See 14-5B-8A-1.b.,above) ID-RS, RR-1, RS-5, RS-8, RS-12, RNG RNS-12 Facia Sign1 ID-RM, RM-12, RM-20, RNG- RNS-20, RNG-RM-44, PRM ID-RS, RR-1, RS-5, RS-8, RS-12, RNG RNS-12 Monument Sign1 ID-RM, RM-12, RM-20, RNG RNS-20, RM-44, PRM Awning Sign1 ID-RS, RR-1, RS-5, RS-8, RS-12, RNG RNS-12, ID-RM, RM-12, RM-20, RNG RNS-20, RM-44, PRM ID-RS, RR-1, RS-5, RS-8, RS-12, RNG Directional signs RNS-12, ID-RM, RM-12, RM-20, RNG RNS-20, RM-44, PRM Small identification sign ID-RS, RR-1, RS-5, RS-8, RS-12,-RNG RNS-12, ID-RM, RM-12, RM-20, RNG RNS-20, RM-44, PRM Integral sign Public Flags 4 sq. ft. 12 sq. ft. 12 sq. ft. per sign face. May be double-faced for a total area of 24 sq.ft. 24 sq. ft. per sign face. May be double-faced for a total area of 48 sq. ft. 12 sq. ft. or 25% of awning surface, whichever is less 2 sq. ft. per face May be double-faced for total area of 4 sq. ft. 2 sq. ft. 2 sq. ft. Max. Height: Top of first story. Limited to identification only, except as allowed for Institutional Uses. Not allowed for Single Family and Two Family Uses. Max. Height: 5 ft Limited to identification only, except as allowed for Institutional Uses. Not allowed for Single Family and Two Family Uses. Max. Height: 5 ft Limited to identification only, except as allowed for Institutional Uses. Not allowed for Single Family and Two Family Uses. Max. Height: Top of first story Limited to identification only, except as allowed for Institutional Uses. Not allowed for Single Family and Two Family Uses. The sign must be a building sign. Up to one of these signs is allowed per building. No permit is required. Up to one of these signs is allowed per building. No permit is required. No permit is required. Amendment #16 - Clarify that the Iowa City Arterial Street Map is based on the JCCOG Arterial Street Map Amend 14-5C-2E as follows: E. Arterial streets, as referenced in this Article, are those streets shown on the Iowa City Arterial Street Map in Figure SC.l, below, and include future arterial streets as shown on the map. Said maD is based on the JCCOG Arterial Street Map. as amended. If the JCCOG Arterial Street MaD. as amended. conflicts with the Figure Sc.t. the JCCOG map will supercede Figure Sc.1. Amendment #17 - Clarify that exemption in commercial zones applies to all tree requirements of Article 5E, Landscaping and Tree Standards, not just the street tree requirements. Amend paragraph 14-5E-2B-3, as follows: B. Exemptions The following are exempt from the requirements of this Article: 1. Any individual lot occupied by a Detached Single Family Dwelling or a Detached Zero Lot Line Dwelling, including Group Households, if located within such a dwelling. 2. Property in the ID and C8-10 zones. 3. In Commercial Zones, property developed in accordance with the setback requirements of the base zone in such a manner that insufficient area is available to achieve compliance with the street tr-ce requirements of this Article: however, all trees that can be provided in compliance with the street: tree-requirements must be provided. Amendment #18 - Clarify light trespass standard for required lighting at building exits so that the Zoning Code standard is consistent with the Building Code standard. Amend paragraph 14-5G-4C-4, as follows: 4. Illumination must not exceed 0.5 initial horizontal footcandles and 2.0 initial maximum footcandles as measured at any point along a property boundary that is adjacent to or across the street from properties that are zoned Residential, CN-l, or CO-I. The City may increase the maximum up to 1.0 horizontal footcandles for Building Code required lighting on buildings located on or close to the property line. However, lighting must be located and shielded in a manner that will be least obtrusive to any abutting residential properties. Amendment #19 - Create exemption from the total outdoor light output standards for properties where the building coverage exceeds ~O%. Amend 14-5G-5A and Table 5G-1, as follows: A. Maximum Outdoor Light Output 1. Total outdoor light outDut defined The total outdoor light output on a property is the total amount of light, measured in initial lumens, from all bulbs used in outdoor light fixtures. It includes all lights and luminous tubing used for display lighting, general illumination, architectural/accent lighting, and lights used for external illumination of signs, but does not include lights used to illuminate internally illuminated signs or luminous tubing used in neon signs. For bulb types that vary in their output as they age, such as high pressure sodium, fluorescent and metal halide, the initial lumen output, as defined by the manufacturer, is the value to be considered when calculating total outdoor light output. 2. Applicabilitv The total outdoor light output on any property that issubject to the provisions of this Article may not exceed the limits in Table 5G-l, exceot for those that are exempted in paragraph 3, below and in Section 14-4G-7. The values in this table are upper limits and not design goals; design goals should be the lowest light levels that meet the requirements of the task. 3. Exemptions a. Seasonal decorations, permitted between Thanksgiving and the end of January, are not counted toward these limits the total outdoor light output. b. In the E2 and E3 Districts, properties where the building coverage is 80% or greater are exempt from the maximum total outdoor light output standard, but are subject to the limitation on unshielded fixtures, as stated in Table 5G-1, below. B. Lighting Environment Districts All Residential, Commercial, Office, and Industrial Zones are grouped into three lighting environment districts that control lighting output on applicable lots in each zone. Uses, for which the lighting standards are applicable, located within the Public (P) Zone must comply with the lighting requirements of the adjacent zone; those on the border between two or more zones must comply with the standards of the strictest adjacent zone. Zones are grouped into the lighting environment districts as follows: 1. Low Illumination District, E1 Areas of low ambient lighting levels. This District includes single-family and low-density multi-family residential zones. This District applies to the following zones: ID-RS, ID-RM, RR-l, RS-5, RS-8, RS-12, RM-12, and RNS-12. 2. Medium Illumination District, E2 Areas of medium ambient lighting levels. This District includes higher density multi-family zones and lower intensity commercial and office zones. This District applies to the following zones: ID-C, ID-I, ID-RP, CN-l, CO-l, PRM, RM-20, RM-44, RNS-20, and MU. 3. High Illumination District, E3 Areas of high ambient lighting levels. This District includes higher intensity commercial, industrial, and research zones. This District applies to the following zones: CC-2, CH-l, CI-l, CB-2, CB-5, CB-l0, 1-1, 1-2, RDP, and ORP. C. Measuring Total Outdoor Light Output 1. The maximums in Table 5G-l are based on a calculation of initial lumens per net acre. The lot size less the total building coverage of the lot determines the number of net acres used for this calculation. 2. Lumen output from an under-canopy or under-eave light fixture mounted 15 or more feet from any edge of the eave or canopy will be measured at 0.5 its full value. Amendment #20 - Clarify how standards for architectural style will be administered for new two-family, multi-family and group living uses in the Central Planning District. Amend 14-28-6/-3, as follows: 3. Architectural style The purpose of requiring an architectural style is to ensure that the mass, roof form, window style and configuration, and the basic architectural details of a building are generally compatible with the historic character of the Central Planning District. From the str-cet, New buildings should appear similar to a large house or a small historic apartment building. a. Any building elevation that is within public view (See definition of PUBLIC VIEW, WITHIN), the following ;:Jrchitectur;:J1 clements must be designed in a manner that is consistent with a historic architectural style typical of residential buildings in the Central Planning District. However, building facades that are visible only from public alleys are not subject to these standards. The aoplicable architectural styles are as follows: Italianate: Queen Anne: Colonial Revival: Craftsman: Craftsman Bungalow: American FoursQuare: Prairie School: Period Revival: and Eclectic. The applicant must indicate in detail how each of the following architectural elements in the proposed building are consistent with one of these architectural styles as described in the Iowa City Historic Preservation Handbook, as amended. (1) Form and mass of the building; (2) Roof configuration and pitch; (3) WiRdo..... Style and placement p(]ttern of windows and doors; (4) Window and door trim, eave boards, frieze boards, and other trim; (5) Porch and entrance features; (6) Building details and ornamentation. b. Detailed information regarding historic residential building styles is available in the Iowa City Historic Preservation Handbook. The Design Review Committee and the Historic Preservation Commission will use this information as a means to evaluate new buildings in the Central Planning District. c. Alternative designs that have been prepared by a licensed architect may be acceptable and will be reviewed on a case-by-case basis. Amendment #21 - Clarify description of wholesales sales uses to distinguish more clearly from retail uses. Amend 14-4A-5G, Wholesale Sales Uses, as follows: G. Wholesale Sales Uses 1. Characteristics Firms that are primarily involved in the sale, lease, or rent of products prim;Jrily intended for to retailers; to industrial, institutional, or commercial business users: or to other wholesalers: or acting as agents or brokers and buying merchandise for or selling merchandise to such individuals or companies. The uses emph;Jsize on site sales or order t(lldng (lnd often include displ(l)' (lr-cas. Businesses mayor may not be open to the general public, but sales to the general public are limited. Products may be picked up on site or delivered to the customer. 2. Examples Wholesale sales and rental of heavy trucks, machinery, equipment, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail order houses; wholesalers of food, clothing, auto parts, and building hardware. 3. Accessory Uses Offices; products repair; warehouses; parking; minor fabrication services; repackaging of goods. 4. Exceptions a. Firms that engage primarily in sales to the general public or on a membership basis are classified as Sales-oriented Retail. b. Firms that are primarily storing goods with little on-site business activity are classified as Warehouse and Freight Movement. c. Wholesale plant or tree nurseries are classified as Agriculture. Amendment #22 - Change damage and destruction clause for nonconforming uses and structures to read "assessed" value instead of "replacement" value. Using the term "replacement" value rather than "assessed" value has been problematic. This became apparent after the recent tornado. It was difficult and sometimes costly for property owners to determine "replacement" value, because this value is not always available from the insurance company and is subject to widely varying estimates. Staff recommends returning to the wording used in the old code, "assessed value," which is a value that is much easier to determine. Amend 14-4E-5E, Damage or Destruction (of Nonconforming Uses), as follows: E. Damage or Destruction 1. Any structure for a nonconforming use which has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than 75 percent of the replacement assessed value of the structure at the time of damage or destruction, may be restored for the same nonconforming use as existed before such damage. However, the nonconforming use must not be enlarged to more than what existed before such damage occurred. Any such restoration must be completed within 2 years of the date the structure was destroyed or damaged; otherwise the property must revert to a conforming use. 2. A lot or portion of a lot on which is located a structure for a nonconforming use that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the replacement assessed value of the structure at the time of damage or destruction, must revert to a conforming use. 3. For purposes of this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. Amend 14-4E-6C, Damage or Destruction (of nonconforming structures), as follows: c. Damage or Destruction 1. Any nonconforming structure that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of less than 75 percent of the r-cplJccmcnt assessed value of the structure at the time of damage or destruction, may be restored to the same degree of nonconformity or less. Any such restoration must be completed within 2 years of the date the structure was destroyed or damaged; otherwise the structure may not be restored, except in compliance with the provisions of this Title. 2. Except for designated Historic Landmarks or key or contributing structures in a Historic Preservation Overlay Zone, a nonconforming structure that has been destroyed or damaged by fire, explosion, act of God or by a public enemy to the extent of 75 percent or more of the rcpl<lccmcnt assessed value of the structure at the time of damage or destruction, may not be restored except in compliance with the provisions of this Title. 3. A nonconforming structure that is a designated Historic Landmark or a key or contributing structure in a Historic Preservation or Conservation District Overlay Zone may be reconstructed upon its original foundation or the site of the original foundation regardless of the extent of the damages, provided it is reconstructed as nearly as possible to the original exterior design. A certificate of appropriateness from the Historic Preservation Commission is required prior to commencing reconstruction. 4. For purposes of this subsection, the extent of the damage will be determined by the Building Official based on credible evidence provided by the property owner. Amendment #23 - Clarify procedures for a fence permit Amend 14-88-4, Fence Permit, as follows: A. Permit Required Prior to construction of any of the following types of fences or walls, a feAee building permit must be obtained from the Department of Housing and Inspection Services. 1. Electric fences; 2. Barbed wire fences; 3. Any fence or wall over 6 feet in height; 4. Any retaining wall over 6 feet in height measured from the top of the footing to the top of the wall; and 5. A retaining wall of any height that supports a surcharge or impounds flammable liquids. B. Submittal Requirements 1. An application for a feAee building permit must be filed with the Department of Housing and Inspection Service on application forms provided the City. 2. Supporting materials must be submitted as specified on the application form. C. Approval Procedure 1. Upon receipt of a complete application the Building Official or designee will review said application for compliance with the standards and requirements for fences, walls, and hedges as set forth in Article 14-4C of this Title, Accessory Uses and Buildings. 2. The Building Official will issue the permit once it has been determined that all applicable provisions of Article 14-4C, Accessory Uses and Buildings, have been met. Amendment #24 - Clarify the definition of cottage industry deleting the term "on- site," because many retail businesses also conduct a significant amount of business from online computer sales. Amend the definition of Cottage Industry in Article 14-9A, as follows: COTTAGE INDUSTRY: A firm that manufactures and/or assembles goods that are intended for on site retail sales to the general public for person()1 or household consumption. The goods may also be sold at wholesale to other outlets or firms, but on site, retail sales is a significant component of the operation. The manufacturing component for such a firm is small in scale. Size limitations may apply to such uses in commercial zones to keep the uses in scale and character with surrounding land uses. Amendment #25 - Amend definition of floor area to make it clear that the area of a garage is only excluded from calculation of floor area if it is a garage that is attached to the principal dwelling. Amend the definition of Floor Area in Article 14-9A, as follows: FLOOR AREA: The total area of all floors of a building, or a portion of a building, measured to the outside surface of exterior walls or to the center line of walls of attached buildings or uses. Floor area includes all space within the building, including space in the basement or cellar, if such space is used for a principal or accessory use. However, floor area does not include the area of gor:Jges, porches, balconies and other appurtenances. When calculating the floor area of a principal dwelling, the area of any attached garage is excluded. Floor area of basements and cellars is excluded from the calculation of FAR (See FLOOR AREA RATIO). Amendment #26 - Clarify the definition of "grade." Amend the definition of Grade in Article 14-9A, as follows: GRADE (Adjacent Ground Elevation): The average point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building. When the finished surface of the ground has been raised by adding fill to create a higher grade around a building for determining the building height or number of stories, the slope of the fill within 20 feet of the building shall not exceed 4 horizontal to one vertical or 25 percent. Amendment #27 - Clarify Sensitive Lands Definitions to be consistent with the text of the code. Amend the following definitions within Article 14-9E: SENSITIVE AREAS DEVELOPMENT PLAN: A plan required to be submitted and approved in conjunction with a Level I or Level II Sensitive Areas Review sensitive areas overlJ'{ rezoning that delineates construction areas limits and designates protected sensitive areas and associated buffers within a planned development. LEVEL II SENSITIVE AREAS REVIEW SENSITIVE AREAS OVERLAY ZONE: A planned development rezoning that is required prior to any development activitv that is not otherwise exempted. on anv ef-a tract of land that contains regulated sensitive features as specified in Article 14-51. Said rezoning requires the approval of a sensitive areas development plan, which delineates construction area limits and designates protected sensitive areas and their associated buffers on said tract. LEVEL I SENSITIVE AREAS REVIEW SENSITIVE AREAS SITE PLAN: An administrative review site plJn of a sensitive areas development plan required prior to any development activitv that is not otherwise exempted on property that contains any regulated sensitive feature as specified in Article 14-51. but for which a Level II Sensitive Areas Review is not required. for de'/elopment on a tr~ct of laRd that does not require a sensiti'v'e areas overlay rezoning Jnd is not otherv.'ise exempt, but which contJins sensitive areas thJt warrJnt protection under the provisions of Article 11 51, Sensitive LJnds and Features. Amendment #28 - Correct dimensional requirements table to reflect that the front setback coverage standard does not apply to nonresidential uses. This correction will make the table consistent with the text of the code. Amend Table 2C-2(b): Dimensional Requirements for the Mixed Use Zone (MU), as follows: MU Detached SF and Detached 3,000 3,000 30 20 5/156 5+22 20 35 50% 50% Zero Lot Line Two Family 3,600 1,800 45 20 5/156 5+22 20 355 50% 50% (Duplex) Attached SF 1,800 1,800 20/284 20 5/156 0/103 20 35 50% 50% Multi-Family 5,000 1,800 45 20 5/156 5+22 5+22 355 50% 50% Group Living 5,000 See 45 20 5/156 5+22 5+22 355 50% 50% Art.4B Non-residentiaP nla 20 5/156 5+22 5+22 355 50% ~ none none .~ Notes: nla = not applicable 1 Non-residential uses must comply with the standards listed in this table unless specified otherwise in 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. 2 Minimum side setback is 5 feet for the first 2 stories plus 2 feet for each additional story. For Detached Zero Lot Line Dwellings, see applicable setback regulations in 14-4B. 3 See applicable setback requirements in Article 14-4B, Minor Modifications, Variances, Special Exceptions, and Provisional Uses. 4 Minimum lot width is 20 feet for attached units on interior lots and 28 feet for end lots in a row of attached units. When only two units are attached, lots must be 28 feet wide. 5 Maximum height is 35 feet. However, if any portion of a Two Family Use, Multi-Family Use, Group Living Use, ora Non-residential Use is located within 15 feet of a property that contains an existing Single Family Use or within 15 feet of a Single Family Zone boundary, then the portion of the building located within 15 feet of said property or boundary may not exceed 2-1/2 stories in height. 6 Minimum principal building setback is 5 feet. Maximum principal building setback is 15 feet. See 14-2C-9D, Maximum Setbacks. Amendment #29: Correction of maximum residential densities allowed in planned developments to match maximum residential density in the base zones. Amend Table 3A-1 as follows: RR-1 1 RS~ 5 RS~ 8 RN~12 8 RS-12 13 MU ~24 CO-1 15 CN-1 ~24 CC-2 15 RM-12 15 RNS-20 24 RM-20 24 RM-44 43 PRM 4~ *Density bonuses are available in the PRM Zone that would increase the allowed density beyond the fj ure in this table. Amendment # 30: Clarify language in the code that refers to the vertical plane of a building versus the horizontal plane of a building. Amend paragraph 14-2B-6E-2 as follows: 2. In the Central Planning District The width of the front facade of new buildings must be no more than 40 feet. Buildings may exceed this limitation if the street f~cing, horizontal plane of any street-facing fac;ade of the building is broken into horizont~1 modules that give the appearance of smaller, individual buildings (See Figure 2B.8, below) Each module must meet the following standards: a. Each module must be no greater than 30 feet and no less than 10 feet in width and must be distinguished from adjacent modules by a variation in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in height, the width of the module may be increased to 40 feet. b. Each module must have a corresponding change in the roofline. c. Each module must be distinguished from the adjacent module by at least one of the following means: (1) Variation in material colors, types or textures; (2) Variation in the building and/or parapet height; (3) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; (4) Variation in window pattern. (5) Variation in the use of balconies and recesses. Figure 2B.8 - Horizent;J/ Building modules that break UD the horizontal DIane f--Module--1 f--Existing--l ~Module-l I--Module~ New MF Building l--Module--1 !--Existing--! Within the subsection regarding standards for large retail uses, amend paragraph 14-2C- 6K-3, Building Details, as follows: 3. Building Details Buildings must include details and features that provide visual interest, reduce the perception of the mass of the building, and provide a cohesive pattern to the building. Any building fa~ade that faces a public street or includes a public entrance shall include no less than three of the elements listed below. At least one of these elements shall rcpcJt occur horizontJlly along the vertical plane of the building. An example of a change that occurs on the vertical plane would be a change from stone on the lower portion of the building to stucco on the upper portion. All elements that occur along the horizontal plane of the building shall repeat at intervals of no more than 50 feet. These visual patterns must be cohesive with the articulation of the fa~ade. a. Color change b. Texture change c. Material module change d. Expression of an architectural or structural bay through a change in plane no less than 12 inches in width, such as an offset, reveal or projection. Within the section regarding the site development standards in the CN-1 Zone, amend 14-2C-7M, Building Bulk and Articulation, as follows: M. Building Bulk and Articulation 1. The maximum length of any building wall is 270 feet. This standard applies whether the building contains a single business or multiple businesses or storefronts. 2. For buildings greater than 50 feet in width, the street f~cing horizontal plane of any street-facing fa~ade of the building must be broken into horizont~1 modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: (1) Variation in the wall plane by recessing a building module from the adjacent building module; (2) Variation in material colors, types or textures; (3) Variation in the building and/or parapet height; (4) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. In the section regarding site development standards in the CB-5 and CB-10 Zones, Amend 14-2C-BM, Building Articulation, as follows: M. Building Articulation 1. For buildings greater than 50 feet in width, the street f~cing horizontal plane of any street-facing fa<;ade of the building must be broken into horizont<ll modules that give the appearance of smaller, individual storefronts. These modules must meet the following standards. a. Each module must be no greater than 50 feet in width. b. Each module must be distinguished from the adjacent module by at least three of the following means: (1) Variation in the wall plane by recessing a building module from the adjacent building module; (2) Variation in material colors, types or textures; (3) Variation in the building and/or parapet height; (4) Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; (5) Break or variation in window pattern; (6) Variation in the use of upper floor balconies and recesses. Within the section regarding site development standards in the MU Zone, amend 14-2C-9G, as follows: G. Building scale for Multi-Family, Group Living, Commercial, and Civic/Institutional Buildings The width of the front facade of new buildings must be no more than 40 feet. Buildings may exceed this limitation if the str'Cct f~cing horizontal plane of any street-facing fac;ade of the building is broken into horizontal modules that give the appearance of smaller, individual buildings. Each module must meet the following standards: 1. Each module must be no greater than 30 feet and no less than 10 feet in width and must be distinguished from adjacent modules by a variation in the wall plane of at least 16 inches in depth. For buildings that are 3 or more stories in height, the width of the module may be increased to 40 feet. 2. Each module must have a corresponding change in the roofline. 3. Each module must be distinguished from the adjacent module by at least one of the following means: a. Variation in material colors, types or textures; b. Variation in the building and/or parapet height; c. Variation in the architectural details such as decorative banding, reveals, stone, or tile accents; d. Variation in window pattern. e. Variation in the use of balconies and recesses. MINUTES PLANNING AND ZONING COMMISSION EMMA J. HARVAT HALL AUGUST 17, 2006 PRELIMINARY MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Bob Brooks, Wally Plahutnik, Beth Koppes, Terry Smith MEMBERS EXCUSED: Dean Shannon STAFF PRESENT: Robert Miklo, Sarah Holecek, Drew Westberg (Planning Intern) OTHERS PRESENT: John Moreland, Florence Stockman, David Noise, Kevin Digmann, Dave Ricketts, G.T. Karr RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, by a vote of 6-0 (Shannon absent), SUB06-00010, a final plat of Silvercrest Residential Community Part 3, a 7-lot, 12.17-acre residential subdivision located south of American Legion Road and east of Scott Boulevard subject to Staff approval of legal papers and construction plans prior to consideration by City Council. Recommended approval, by a vote of 6-0 (Shannon absent), REZ06-00022, a rezoning of approximately 49.05-acres of land located south of Lower West Branch Road, north of Court Street from Low Density Single Family Residential (RS-5) zone to Planned Development Overlay - Low Density Single Family Residential (OPD-5) zone and SUB06-00013, a preliminary plat and sensitive areas development plan for Stone Bridge Estates Parts 5-9 and Resubdivision of Outlot C of Part Four, a 139-lot, approximately 49.05-acre residential subdivision subject to resolution of the discrepancies pertaining to drainage of hydric soil and the required minimum 60-foot lot width Recommended approval, by a vote of 5-1 (Plahutnik voting no, Shannon absent), an amendment to the Comprehensive Plan by amending the Near Southside Design Plan on page 23 to strike the sentence "CB-5 would remain the preferred zoning is this district." and replace it with, "Either CB-5 or CB-10 zoning are appropriate between Court and Burlington Streets, based on the property providing a logical extension of the downtown and adequate services for the density proposed." . Recommended approval, by a vote of 6-0 (Shannon absent), REZ06-00015NAC06-00005, a rezoning of 1.12-acres of property located at 314 & 328 South Clinton Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone and the vacation of the east/west alley in block 102 to allow its relocation subject to a Conditional Zoning Agreement addressing the following conditions: . A requirement for a minimum of one floor of commercial development above the ground floor. . A minimum of 80 residential parking spaces to be provided below grade. . Payment of parking impact fees for residential units for which on-site parking is not provided based on the CB-5 residential parking requirements. . The property shall contain a maximum of 200 residential units with a mix of studio or 1, 2, or 3-bedroom units. . No more than 30% of the residential units shall contain 3 bedrooms. . The building shall be a minimum height of 7 stories. . There shall be a 10-foot building setback from the Burlington Street right-of-way. . Right-of-way shall be dedicated to the City to provide public alley circulation through Block 102 as determined adequate by the City. . A plan for landscaping of the court yard area will be prepared by the applicant and approved by the Design Review Committee. The plan shall include a central feature such as a fountain, reflecting pool or public art element, public seating areas, landscaping beds or large planters. A minimum of 50% of the paving surface shall consist of decorative materials such as clay, concrete or stone pavers. The court yard shall be screened from the service area. . Design Review Committee approval will be required for the final design of the building based on the criteria listed in the Staff Report. Planning and Zoning Commission August 17,2006 Page 2 of 10 Recommended approval, by a vote of 6-0 (Shannon absent), CU06-00002, that Council forward a letter to the Johnson County Board of Adjustment recommending that the application by GT Karr for a conditional use permit to allow a home improvement business, be approved subject to the term of the permit being tied to the ownership of the property by the applicant. Recommended approval, by a vote of 6-0 (Shannon absent), CZ06-00002, that Council forward a letter to the Johnson County Board of Supervisors recommending that the application by Robert Wolf to rezone 0.58-acres of property from Residential (R) to Manufactured Residential Housing (RMH) be approved subject to the property being used only for a storm shelter, associated parking and open space. CALL TO ORDER: Brooks called the meeting to order at 7:30 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. DEVELOPMENT ITEMS: SUB06-00010, discussion of an application submitted by Dial Corporation for a final plat of Silvercrest Residential Community Part 3, a 7 -lot, 12.17 -acre residential subdivision located south of American Legion Road and east of Scott Boulevard. Miklo said this was the final plat; the zoning had been in place for years but had recently been amended to adjust the mix of housing types on the property. The property was now being subdivided into 7 individual residential lots which would contain a mix of housing types including a 58-unit apartment building, a 27-unit building, an existing 24-unit building and eight duplex style units on the southern portion of the property as well as a detention basin. Staff recommended approval subject to staff approval of legal papers and construction drawings prior to consideration by City Council. Public discussion was opened. There was none. Public discussion was closed. Motion: Smith made a motion to approve SUB06-00010, a final plat of Silvercrest Residential Community Part 3, a 7 -lot, 12.17 -acre residential subdivision located south of American Legion Road and east of Scott Boulevard subject to Staff approval of legal papers and construction plans prior to consideration by City Council. Eastham seconded the motion. The motion passed on a vote of 6-0 (Shannon absent). REZ06-00022/SUB06-00013, discussion of an application submitted by Arlington Development for a rezoning of approximately 49.05-acres of land located south of Lower West Branch Road, north of Court Street from Low Density Single Family Residential (RS-5) zone to Planned Development Overlay - Low Density Single Family Residential (OPD-5) zone and a preliminary plat and sensitive areas development plan for Stone Bridge Estates Parts 5-9 and Resubdivision of Outlot C of Part Four, a 139-lot, approximately 49.05-acre residential subdivision. Miklo said this property had some terraces on it which had been created when the property was still being farmed. Some of the terraces resulted in slopes of greater than 25%. As part of the platting process those slopes would be graded and eliminated, therefore the Sensitive Areas Ordinance required a overlay rezoning. The intent of the SAO was to control grading of naturally occurring slopes and wooden ravines, because these terraces had been created for terrace farming Staff did not see this as an issue of concern. The plat subdivided the property into individual lots which included Parts 5, 6, 7, 8, 9; the development could be built in individual phases. Eventually there would be access to Court Street, Lower West Branch Road, the existing Stonebridge Estates subdivision and Taft Avenue. All lots would be zoned RS-5. Planning and Zoning Commission August17,2006 Page 3 of 10 Open space would be provided in the northeast portion of the property adjacent to the historic stone bridge which would become a public park to be maintained by the City. The City's goal was to obtain property on the other side as well so the bridge could be used as a trail. The series of outlots adjacent to the creek would be privately owned and maintained by the homeowner's association; there would be a public trail access easement over the outlots which would allow them to be part of the larger trail network in that neighborhood. A number of lots would be double-fronting which was discouraged in the Comprehensive Plan and the subdivision regulations. To address that concern, the lots would be buffered with evergreen plantings and either open space or a greater lot depth. Two items still needed to be resolved: . Whether all of the lots met the required 60-foot frontage at the building line. This issue related to the lots which had a curve at the front. At the street they could be narrower than 60- feet which was permitted by the Code because the side lot lines were on a radius. By the time the side lot lines met the building setback the lots were supposed to be 60-feet wide to meet the minimum frontage requirement. In a few locations it was not clear that that was the case, discrepancies needed to be resolved. . Drainage of some of the hydric soils. The hydric soils were located near the creek. The Public Works Office had requested some standard language be included regarding drainage of streets and basements in that area; that notation was missing from the plat. Miklo said Staff recommended approval of the application subject to the resolution of those two issues prior to consideration by City Council. If the lot width issue required a re-design, the item would need to be reviewed by the Commission again. Freerks asked who would be responsible for the management of the trees on the double-fronting lots. Miklo said for trees located on privately owned lots they would be the responsibility of the individual lot owner and for trees located on an outlot they would be the responsibility of the homeowners association. That would be noted on the legal papers at the time of the final plat. Public discussion was opened. John Moreland, Arlington Development, said they did not have any issues with the hydric soils issue. They did disagree with Staffs interpretation of the 60-foot frontage issue at the building line. The new Code allowed a 15-foot setback. When they had first started this project they had had a 20-foot setback. Because some of the garages were in front of the houses, the Zoning Code had been changed to require a 25-foot setback when the garage was in front of a unit. Arlington Development had changed their plans from 20-foot to 25-foot now to 15-feet with the newest Code. Moreland said as owners, they preferred to keep the entire development in a similar order to keep it looking right and keep values up. As the developer, he proposed that they would not do anything unless it would be 25-feet back, to have structures at 15-feet and at 25-feet made people angry and hurt property values. Moreland said he'd met with Staff 4 or 5 times during the past 6 or 7 months to get to this point; they'd not just begun to talk. The proposal had been changed 4 or 5 times to try to meet Staffs requirements. They were at the point of moving dirt and wished to have a vote yet that evening. Moreland requested Staffs approval that in the subdivider's agreement it would require all houses to be set back 25-feet eliminating the problem and they would all be 60-feet at the building line. Miklo said the Zoning Code required a minimum 15-feet back from the street property line and the minimum lot width had to be 60-feet wide at the minimum setback line regardless of where the garage was placed. The lot width is measured at 15-feet back from the street. That was not something that the Staff or the Commission could waive. Moreland said the engineers he was working with felt the Code could be interpreted in a number of ways, not just as Staff interpreted it. They had changed their proposal a number of times to comply with Staff's subjective interpretations of the Zoning Code. The Code had many items which were entirely up to Staffs subjective interpretation. They'd started out with 157-lots and now they were down to 139-lots, they were willing to put their name on the line in a subdivider's agreement that no building would occur at 15-feet. Planning and Zoning Commission August17,2006 Page 4 of 10 Sarah said a subdivider's agreement handled infrastructure issues which were usually outside of the Zoning Code. If there was a Zoning Code requirement, it could not be waived or otherwise modified through a subdivision agreement. Miklo said there were two different issues being discussed: 1) lot width and 2) front setback. The front setback was not an issue and was not in question. The minimum lot width of 60-feet, at the building line which was measured at 15-feet back from the street, was at issue. Estham asked if the minimum lot width was an issue, could the developer request to have the zoning request be changed to a planned development zone? Miklo said the OPD process would allow waiver of certain zoning requirements but would require some rational for doing it. Florence Stockman, 132 Ebersol Lane, said she' spoken before the Commission before in support of the proposed park. They were very pleased that Moreland had given another lot t~ the park so it would be.a good sized park, about the trail and the negotiations that would hopefully bring additional land to the park. She'd spoken with the Parks and Recreation Department to make sure they were aware of the neighbor's interest and appreciation as well. Stockman said there currently was no homeowner's association in Stonebridge Parts 1-4; was a homeowners association being created for lots 5-9? Miklo said that was correct. David Noise, 4440 E. Court Street, said the front of his house looked out on two of the lots. He asked why the outlot for open space didn't continue on over to the existing townhouses on Court Street. He'd prefer to have the open space continue through; there was only a 7-foot setback from the edge of his house to the back of the new lots which didn't seem like very much Miklo said the open space/setback was required because some lots were double fronting lots which was discouraged by the subdivision regulations and the Comprehensive Plan. The parts of the lots which would be the backs of people's houses would have evergreen screening for privacy and a buffer from the arterial street. The townhouse units were not double fronting units. The corner lot would have a landscape buffer on it. Public discussion was closed. Miklo read from two sections of the Code regarding lot width, "The length of the front setback line" and "The front setback line is defined as a line drawn parallel to the street as far back from the street as specified for the principle building front setback." Miklo said in this case in an RS-5 zone, at 15-feet back, the minimum lot width of 60-feet needed to be met. The definition of and how the setback line was measured did not change with the newest revisions to the Zoning Code; what had changed was the dimension of 15-feet versus 20-feet. Freerks asked if the item was deferred, did Staff feel that the issue could be resolved by the next meeting? Miklo said he believed so, although staff had twice asked the consulting engineer for this application to clarify the lot width on the plat and they had not done so to date. Motion: Freerks made a motion to defer REZ06-00022/SUB06-00013. Koppes seconded the motion. The motion failed on a vote of 2 (Freerks, Koppes) to 4( Eastham, Brooks, Plahutnik, Smith) Motion: Plahutnik made a motion to approve REZ06-00022/SUB06-00013, a rezoning of approximately 49.05-acres of land from Low Density Single Family Residential (RS-5) zone to Planned Development Overlay _ Low Density Single Family Residential (OPD-5) zone and a preliminary plat and sensitive areas development plan for Stone Bridge Estates Parts 5-9 and Re-subdivision of Outlot C of Part Four, a 139-lot, approximately 49.05-acre residential subdivision subject to the resolution of the 60-foot lot width issue and drainage of hydric soils issue prior to consideration by City Council Smith seconded. Freerks said she would not vote against the item but at this point they were still within the 45-day limitation period. It would be her preference to take a good look at the items and send a clear issue to the City Council. Koppes said historically the Commission had always been comfortable with their vote when they'd voted and if they needed to defer a vote they deferred it. She didn't see why they were rushing through this item when they Planning and Zoning Commission August 17,2006 Page 5 of 10 were within the 45-day limitation period. She did not wish to rush this item through either but it seemed like a good development so she would support it. Brooks said he felt it was a good development. It was frustrating to him that something that seemed perfectly clear to him was a problem for the consultants to interpret properly and when asked to rectify it, they did not seem to be forthcoming. Eastham said he appreciated Koppes and Freerks alternative way of proceeding; he was comfortable with doing it this way also. The motion passed on a vote of 6-0 (Shannon absent). COMPREHENSIVE PLAN ITEM: Discussion of an amendment to the Comprehensive Plan by amending the Near Southside Design Plan to consider Central Business (CB-10) zoning south of Burlington Street. Miklo said the Comprehensive Plan included the Near Southside Design Plan which provided guidance for the development of the area south of Burlington Street, generally west of Gilbert to the railroad tracks and over to the Iowa River. The Plan divided the area into sub-districts including the downtown extension. Specific language in the Plan said appropriate zoning for the extension area was CB-5, Central Business Support Zone. Staff were currently reviewing several request for rezoning to CB-10 in this area, if those were to be approved an amendment to the Comprehensive Plan would be required. Staff believed that there was merit to considering CB-10 zoning and it would be appropriate in certain areas provided issues such as parking and a linkage to the downtown area were addressed. Benefits could include providing an alternative location to the historic core of downtown for high-rise development, encouraging a mix of housing types that had not typically been seen in that area before and encouraging a housing type that didn't necessarily cater to student housing. Miklo said Staff recommended approval of an amendment to the Comprehensive Plan to consider CB-10 zoning in the area between Court and Burlington Streets based on the property providing a logical extension of the downtown and adequate services for the density proposed. Public discussion was opened. Kevin Diamann, Hieronymus Square Associates, said they'd been meeting with Staff and had been before the Commission on several occasions regarding their proposal. They were requesting the Commission's recommendation to amend the Comprehensive Plan by amending the Near Southside Design Plan in order to allow their project to proceed. Dave Ricketts, University of Iowa, asked if this amendment would cover the entire region of Madison to Gilbert Street or would it be limited as to how far west it went. Miklo said it would not automatically confer the status of CB-10 zoning but would cover the area of Madison to Gilbert Street. Each rezoning would be reviewed on a case-by-case basis. Public discussion was closed. Motion: Freerks made a motion to amend the Comprehensive Plan by amending the Near Souths ide Design Plan on page 23, striking the sentence "CB-5 would remain the preferred zoning is this district." and replacing it with, "Either CB-5 or CB-10 zoning are appropriate between Court and Burlington Streets, based on the property providing a logical extension of the downtown and adequate services for the density proposed." Smith seconded the motion. The motion passed on a vote of 5-1 (Plahutnik voting no, Shannon absent). REZONING ITEM: REZ06-00015NAC06-00005, discussion of an application submitted by Hieronymus Square Associates for a rezoning of 1. 12-acres of property located at 314 & 328 South Clinton Street from Central Business Support Planning and Zoning Commission August 17,2006 Page 6 of 10 (CB-5) zone to Central Business (CB-10) zone and the vacation of the east/west alley in block 102 to allow its relocation. Miklo said this item had been discussed at length at two previous Commission meetings. Staff recommended approval of the rezoning subject to a number of conditions which had been discussed with the applicant. The conditions were to address the issue of why the Comprehensive Plan was being amended, which included encouraging a mix of different housing in that area, to assure that appropriate services such as parking would be addressed in that area, carrying on the feel and quality of the downtown in that area, and to address other language in the Comprehensive Plan which indicated that this area was to be an extension of the downtown. Recommended conditions included: A requirement for a minimum of one floor in addition to the ground floor of commercial development to encourage a mix of building uses and not just a residential building. A minimum of 80 residential parking spaces to be provided below grade to partially address the demand for parking created by this project. Payment of a parking impact fee for residential units for which on-site parking is not provided based on CB-5 residential parking requirements to address the need to meet the demand for parking that the increase in development would create above and beyond the existing CB-5 zone. The property shall contain a maximum of 200 residential units with a mix of 1, 2 or 3-bedroom units. The concept plan currently proposed approximately 160 units, this would allow some flexibility. The mix of bedroom units was to encourage something that was not seen in the 4 & 5 bedroom units in the CB-5 zone and housing types different than that geared to the student housing market. No more than 30% of the residential units shall contain 3 bedrooms. To address the concerns listed above. The building shall be a minimum height of 7 stories to address a structure that would not necessarily occur in the CB-5 zone and to ensure that the proposed structure would be a high-rise building. A 10-foot building setback from the Burlington Street right-of-way. This 10-foot in combination with the existing 10-foot right-of-way would allow for 20-feet between the curb and the building fayade. The applicant had indicated to Staff that their balconies would be set-back so Staff felt there was not a need to address that concern in the CZA language. Dedication of right-of-way or easement to the City to provide alley circulation through Block 102. Once the final design is worked out a re-dedication and final location of the alley will occur. A plan for landscaping of the court yard open area will be prepared by the applicant and approved by the Design Review Committee. The Design Review Committee will have final review of the building design to assure its capability with the downtown concepts and themes. Miklo said Staff recommended approval of REZ06-00015NAC06-00005. Brooks asked how studio apartments would fall into the bedroom classification. Miklo said they would be considered one bedroom units. The language in the CZA could be clarified to include studio apartments. Brooks asked if the northlsouth alley would also have to be vacated. Miklo said no, the City would retain that alley because it also served the Rebel Plaza property to the south and it would be necessary to provide public circulation to the area. Kevin Diqmann, Hieronymus Square Associates. Smith asked Digmann if the applicant supported the conditions of the CZA. Digmann said yes, it had been a give and take process to get it this far. They wanted to . keep the process moving and appreciated Staff's and the Commission's support. It would probably be a better Planning and Zoning Commission August17,2006 Page 7 of 10 building because of some of the things that had been recommended and in the long term would be a great asset for Iowa City. Public discussion was opened. There was none. Public discussion was closed. Motion: Smith made a motion to approve REZ06-00015NAC06-00005, a rezoning of 1.12-acres of property located at 314 & 328 South Clinton Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone and the vacation of the east/west alley in block 102 to allow its relocation subject to a Conditional Zoning Agreement with the conditions as listed in the 8/11/06 Staff Report with two amendments: . the inclusion of studio apartments in the mix of bedroom units . wording change of horizontal to vertical in the first condition of the Design Review Committee criteria Koppes seconded the motion. Freerks said she was excited about the project. There had been a lot of give and take on all sides. Brooks thanked the applicants for their cooperative nature for working with Staff and the Commission. He felt one of the biggest and more important concessions had been the additional setback on Burlington Street which would go a long way toward improving the Burlington Street Corridor. He hoped the same type of cooperation would be seen from other developers along the Burlington Street corridor. Eastham said it had given him the opportunity to think about what the Burlington Street Corridor could look like and also to look at different ways of handling residential parking in the downtown area. The motion passed on a vote of 6-0 (Shannon absent). REZ06-00017. discussion of an application submitted by Pentacrest Garden Apartments for a rezoning of 3.41-acres of property located at 12 East Court Street from High Density Multi-Family Residential (RM-44) zone to Central Business (CB-10) zone. REZ06-00018, discussion of an application submitted by University View Partners for a rezoning of .08-acres of property located at 22 East Court Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone REZ06-00019, discussion of an application submitted by University View Partners for a rezoning of .17-acres of property located at 335 South Clinton Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone. REZ06-00020, discussion of an application submitted by Center City Partners for a rezoning of .33-acres of property located at 336 South Clinton Street from Central Business Support (CB-5) zone to Central Business (CB-10) zone. Miklo said the applicant had requested that items REZ06-00017 through REZ06-00020 be deferred until the Commission's second meeting in September. The applicant had indicated the date of 9/19/06, Miklo would confirm that he applicant meant 9/21/06. Public discussion was opened. Dave Ricketts, U of I, asked for a clarification as to what the process would be for rezoning requests. Miklo said applications would be considered on a case-by-case basis. Items the City would consider would include: how would parking be addressed, how would the building be designed to be compatible with the theme of downtown, good pedestrian access, good geographic connections to downtown, quality of street crossings, and to ensure that isolated pockets of high density not related to the rest of downtown would not be created. Staff had advised the applicant that the City wished to see a concept plan, Staff would then analyze the applications based on the concept plans and make a recommendation. Lacking a concept plan, Staff would not make a recommendation to approve rezoning the above properties to CB-10 zone. Planning and Zoning Commission August 17, 2006 Page 8 of 10' Public discussion was closed. Motion: Freerks made a motion to defer REZ06-00017 through REZ06-00020 until September 21, 2006. Koppes seconded the motion. The motion passed on a vote of 6-0 (Shannon absent). FRINGE AREA ITEMS: CU06-00002, discussion of an application submitted by GT Karr for a conditional use permit to allow a home improvement business on approximately 3.30 acres of property located at 4396 Taft Avenue Fringe Area B. Westberg said the applicant was requesting an indefinite extension of the current conditional use permit and expansion of the home for both personal and office use. Staff recommended that Council forward a letter to the Johnson County Board of Adjustment recommending that the application by GT Karr for a conditional use permit to allow a home improvement business, be approved subject to the term of the permit being tied to the ownership of the property by the applicant. Public discussion was opened. G. T. Karr, said he was present to answer any questions. Public discussion was closed. Freerks asked if the adjoining property owners had been notified. Westberg said the County had posted signs and would make the notifications. Plahutnik asked if the area became part of the city, would the County issued permit become void. Miklo said the permit would be tied to by the applicant, should the property be sold, a new permit would be required. Motion: Smith made a motion to approve CU06-00002 subject to the term of the permit being tied to the ownership of the property by the applicant. Eastham seconded. Motion passed on a vote of 6-0 (Shannon absent. ) CZ06-00002, discussion of an application submitted by Bob Wolf for a rezoning from County Residential (R) zone to County Manufactured Housing Residential (RMH) zone for approximately .58-acres of property located adjacent to the south side of Lake Manor Manufactured Home Park, west of Riverside Drive in Fringe Area C. Westberg said the applicant intended to construct a storm shelter on the rezoned property. Lake Ridge was currently non-conforming in that it did not provide adequate storm shelter per the County Code. Staff felt there was a better location for a second storm shelter on the northwest portion of the park as it would serve more park residents and would not require rezoning. However this shelter was not a requirement because the existing development was grandfathered in prior to the County requiring a secure shelter. Staff recommended approval of CZ06-00002 subject to the property being used only for a storm shelter, associated parking and open space. Motion: Koppes made a motion to approve CZ06-00002 subject to the property being used only for a storm shelter, associated parking and open space. Freerks seconded. Motion passed on a vote of 6-0 (Shannon absent). OTHER ITEMS: Koppes asked for an update on the businesses damaged by the April tornados. Miklo said that Dairy Queen's sign had been approved by the Board of Adjustment. Professional Muffler had relocated to the Master Muffler Shop just up the street and were considering a retail development for their old property. CONSIDERATION OF 8/3/06 MEETING MINUTES: Planning and Zoning Commission August 17,2006 Page 9 of 10 Motion: Smith made a motion to approve the minutes as typed and corrected. Eastham seconded. Motion passed on a vote of 6-0 (Shannon absent). ADJOURNMENT: Motion: Smith made a motion to adjourn the meeting at 8:46 pm. Eastham seconded. Motion carried on a vote of 6-0 (Smith absent). 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