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HomeMy WebLinkAbout03-05-2009 Planning and Zoning Commission PLANNING AND ZONING COMMISSION Monday, March 2, 2009 - 6:00 PM Informal Meeting Iowa City City Hall Lobby Conference Room 410 E. Washington Street Thursday, March 5, 2009 - 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. Zoning Code Item Discussion of amendments to the Zoning Code to regulate Drinking Establishments and Alcohol Sales Oriented Retail Uses and to establish minimum spacing requirements between such uses. D. Rezoning Item REZ09-00002: Discussion of an application submitted by City of Iowa City for a rezoning from Interim Development ~ID-1) zone to General Industrial (1-1) zone for approximately 100 acres of property located on 420 h Street SE, west of Taft Avenue. E. County Rezoning Item CZ09-00001: Discussion of an application submitted by Michael Furman for a rezoning of 40 acres from County Agriculture (A) to County Residential (R3) zone located at 3051 Buchmayer Bend NE. (Applicant has requested indefinite deferral.) F. Consideration of Meeting Minutes: February 2 & February 5,2009 G. Election of Officers H. Other I. Adjournment Informal Formal City of Iowa City MEMORANDUM Date: February 27, 2009 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Proposed amendments to the zoning code regulating businesses that sell alcohol The City Council has had ongoing discussions regarding underage and over-consumption of alcohol in the community. One factor identified as a problem by the Council is the concentration of bars in downtown Iowa City and more recently the proliferation of liquor stores in the downtown area. The Council requested that City staff investigate zoning regulations that would prohibit or limit the possibility of additional bars and liquor stores locating downtown and also prevent concentration of bars in other commercial areas as well. It is not uncommon for communities to regulate the location of bars in relationship to other establishments that serve alcohol. Such regulations often take the form of separation requirements between bars and/or liquor stores ranging between 300 to 1,000 feet. One of the more difficult tasks in drafting such an ordinance is distinguishing bars, for which the principal activity is the sale of alcohol for on-site consumption, from other establishments for which the sale of alcohol or alcoholic beverages is merely an accessory activity to the principal use of the property, such as a restaurant, theater, bowling alley, hotel, convention center, etc. Similarly, before one can establish a separation requirement for uses such as liquor stores, where the principal activity is the sale of alcohol in closed containers for off-site consumption, one must distinguish such a business from other businesses that have a liquor license to sell alcohol, wine or beer for off-site consumption, but for which such sales do not constitute the main part of sales. The most obvious example of this would be a large grocery store for which the sale of liquor, wine, and beer is only a small percentage of the establishment's sales. The attached, proposed amendments to the zoning code would create a system of regulating the concentration of bars and liquor stores, while at the same time avoiding undue restrictions on businesses for which alcohol sales are not the principal activity. In summary, the attached regulations would: · Establish a classification process for businesses that sell alcohol. Prior to issuance of a liquor license the person or entity applying for the liquor license must submit information to the City that details the nature of the business, the type of liquor license applied for and the proposed hours of operation. Staff will review this information with the applicant and determine how the proposed business would be classified according to the use categories in the zoning code. · Establish a definition of "Drinking Establishment" as distinguished from a restaurant, hotel, theater, bowling alley, etc. · Establish a definition of "Alcohol Sales-Oriented Use" and create a process to exempt businesses from any separation requirement if income derived from the sale of alcohol is less than 25% of gross yearly income. · Establish a separation requirement of 500 feet between Drinking Establishments in all zones that allow Drinking Establishments. Drinking Establishments would be February 27,2009 Page 2 allowed in all zones that currently allow restaurants (CN-1, CH-1, CC-2, CB-2, CB- 5, CB-1 D), except for the Office Commercial Zone (CO-1) and the Mixed Use Zone (MU). Staff recommends against allowing Drinking Establishments in the CO-1 Zone, because this zoning designation is often located next to low density residential areas and is intended primarily for office uses. Staff is not aware of any restaurants or bars that currently exist in the CO-1 Zone. The Mixed Use Zone is a new zoning designation that allows all types of residential (single family, townhomes, apartments) and compatible commercial uses to be located in the same area. While both the CO-1 and MU Zones would continue to allow restaurants that are open as late as midnight to sell alcoholic beverages, establishments that meet the definition of a Drinking Establishment (see attached) would not be allowed. · Establish a separation requirement of 1000 feet between Alcohol Sales-Oriented Retail Uses in the Central Business Zones (CB-2, CB-5, CB-10). Staff recommends limiting this separation requirement to the Central Business Zones, because it seems unlikely that there will be a problem with concentration of liquor stores in areas other than in the downtown. Staff believes that the cost to both the City and the businesses of administering an exemption process for all the grocery stores in town that sell alcoholic beverages would outweigh the benefits of establishing separation requirements in outlying commercial areas, where a concentration of liquor stores is unlikely. · Establish rules for existing businesses that would be grandfathered in as nonconforming uses if these regulations are adopted. Similar to the regulation of other nonconforming uses, if the use were to be discontinued for a year or more, then it may not be re-established, but must be converted to a conforming use. The attached draft amendments are red-lined; new language is underlined and language to be deleted is shown with strike-through notation. Approved by: ~~ Robert Miklo, Senior Planner Department of Planning and Community Development In 14-4A-2, Classifying Uses, insert a new subsection G as follows: G. Use classification for establishments that sell alcohol 1. ADDlicabilitv Anv use for which an aoolication has been filed for a liauor control license or wine or beer permit is subiect to the followina use classification orocess. 2. Definitions The followina definitions shall aoolv to terms used in this subsection. a. Alcohol Sales - the sale of alcohol and alcoholic beverages, including but not limited to alcohol. beer or wine in closed containers intended for off- site consumotion: and alcoholic beverages, includina cocktails, shots, wine, beer, and any Dart of an alcoholic beverage intended for on-site consumotion, as defined in Chaoter 123 of the State Code. b. Licensee - Anv oerson or entity that holds a Iiauor control license, wine or beer permit issued bv the State of Iowa. c. License - Anv Iiauor control license, wine or beer permit issued bv the State of Iowa that allows sales of alcohol or alcoholic beverages. 3. Classification Process a. Prior to issuance of a License for a new use or renewal of a License for a use that was established prior to (the effective date of this ordinance), but which has not vet been classified accordina to these orovisions, the Licensee must submit to the Deoartment of Housina and Insoection Services a verified statement that details the nature of the principal use for which the License will be issued, the tyoe of Iicense(s) aoolied for, and the hours that the establishment will be ooen for business. The City may reauest any other information deemed necessary to verify and classify the use, includina but not limited to business records uoon which the statement is based, state and federal tax records, aoolications for dram shoo insurance and audits oerformed to determine dram shoo insurance oremiums, and receiots from vendors for goods ourchased. b. Based on the information orovided bv the aoolicant. the tyoe of License beina aoplied for, and the classification system set forth in this Article, the City will advise the aoolicant reaardina the classification of the proposed use for zonina ourposes, and, if aoolicable, whether the alcohol sales will be considered a orincioal or accessory use of the prooerty . c. If through this use classification orocess, a use that was leaallv established orior to (the effective date of this ordinance) is determined to be nonconformina with reaard to the seoaration reauirements for Drinkina Establishments or Alcohol Sales-Oriented Retail Uses, the orooerty file will be tagaed bv the Buildina Official or designee as a nonconforming Drinking Establishment or nonconformina Alcohol Sales- Oriented Retail Use, as aoolicable. Such a nonconformina use may continue provided it is in comoliance with the aoolicable orovisions of 14- 4E. Nonconformina Situations. 4. Accessory Alcohol Sales Certification Any use that is classified as an Alcohol Sales-Oriented Retail Use is considered a principal use and subiect to the regulations pertaininq thereto. unless it is determined that alcohol sales are an accessory use to another principal use of the property throuqh the followinq certification process. Any Licensee applYinq for an Accessory Alcohol Sales Certificate must submit verified statements and business records as set forth in the followinq subparagraphs. a. For existinq uses. if accordinq to a verified statement issued by a certified public accountant. alcohol sales expressed as a percentage of qross yearly income is less than 25 percent (25%), an Accessory Alcohol Sales Certificate will be issued for one year. after which time it must be renewed annually at the time the License is renewed. Said statement shall be based on records made in the regular course of the Licensee's business. The licensee shall allow. upon request. the Building Official. City Clerk or designee to examine the business records upon which the statement is based. includinq state and federal tax records. applications for dram shop insurance and audits performed to determine dram shop insurance premiums. and receipts from vendors for goods purchased. b. For new uses. if the Licensee estimates. based on their submitted business plan. that alcohol sales expressed as a percentaqe of gross yearly income will be less than 25 percent (25%), an Accessory Alcohol Sales Certificate will be issued for one year. The certificate must be renewed annually thereafter at the time the License is renewed based on actual sales accordinq to a verified statement from a certified public accountant as described in subparagraph 4a.. above. c. If at the time of renewal of the certificate. alcohol sales constitute 25 percent (25%) or more of gross yearly income and the use is not in compliance with zoninq requirements for Alcohol Sales-Oriented Uses. a notice of violation will be issued. If the use is in violation of the zoning requirements for Alcohol Sales-Oriented Uses. the Licensee must reduce alcohol sales to below 25% of qross yearly income or otherwise brinq the use into compliance with the applicable requlations. Amend 14-4A-4E, as follows: E. Eating and Drinking Establishments 1. Characteristics Establishments where the principal activity is the preparation, dispensing and consumption of prcpJrcd food and/or beverages. at prcpJrcd food Jndjor bcvcrJgcs. Depending on the type of establishment, food and/or beverages may be consumed on or off of the premises. These uses may vary with regard to traffic generation, congestion, and the potential for off-site impacts. Therefore, the size, location, and accessory uses permitted may be regulated differently based on the underlying zoning. 2. Examples Examples include uses from the two subgroups listed below: a. Eatina Establishments: Restaurants; cafes; cafeterias; coffee shops; delicatessens, tearooms; dining rooms; supper clubs; fast food restaurants; ice cream parlors b. Drinkina Establishments. Anv use that meets all of the defining characteristics listed in sub-subparaqraphs (1), (2), and (3). below. is considered a Drinkinq Establishment for purposes of this Title. unless listed as an exception in paraqraph 4. below. (1) The principal activity of the establishment is the preparation. dispensing and consumption of food andlor beveraqes: and (2) The establishment is licensed bv the State for the sale of alcoholic beverages for on-site consumption. as defined by Iowa Code Chapter 123: and (3) The establishment is open for business anv time between the hours of 12:00 AM and 2:00 AM. 3. Accessory Uses Off-street parking. Drive-through facilities and sidewalk cafe seating are accessory uses that are subject to additional regulations as set forth in Article 14-4C, Accessory Uses and Buildings. 4. Exceptions a. Establishments featuring nude dancing are considered an Adult Business use. b. Restaurants and/or bars that are associated with a Hospitalitv-Oriented Retail Use and that have been issued a Class B liquor control license are considered accessory to the subject Hospitalitv-Oriented Retail Use and are not considered Eating or Drinking Establishments or Alcohol-Oriented Retail Uses. Amend 14-4A-4H, as follows: H. Retail Uses 1. Characteristics Establishments involved in the sale, lease, or rent of new or used products to the general public for personal or household consumption and establishments involved in the sale of personal services, hospitality services, or product repair services to the general public. 2. Examples Examples include uses from the five six subgroups listed below: a. Sales-oriented: Stores selling, leasing, or renting consumer, home, and business goods, including, but not limited to, antiques, appliances, art, art supplies, bicycles, carpeting, clothing, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery, videos. Also includes retail establishments that have a cottage industry component, such as bakeries, confectioneries, upholsterer, artist/artisan's studios, and similar. b. Personal Service-Oriented: Establishments engaged in providing retail services and services related to the care of a person or a person's apparel, such as retail banking establishments, laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, photocopy services, quick printing services, blueprint services, beauty salons, tanning salons, therapeutic massage establishments, taxidermists, mortuaries, funeral homes, and crematoriums. c. Repair-Oriented: Repair of consumer goods, such as electronics, bicycles, office equipment; appliances. d. Hospitality-Oriented: Hotels; motels; convention centers; guesthouses; commercial meeting halls/event facilities. e. Outdoor Storage and Display-Oriented: Uses that typically include large areas of outdoor storage or display, such as lumber yards; sales or leasing of consumer vehicles, including passenger vehicles, light and medium trucks, and recreational vehicles; sales of landscaping materials and nursery products to the general public; farm supply and implement sales; equipment or vehicle rental businesses. f. Alcohol Sales-Oriented: liquor stores: wine shops; qrocerv stores. convenience stores. and other retail establishments for which a Class E liquor control license or wine or beer permit has been issued that allows sale of alcohol or alcoholic beveraqes in closed containers for off-premise consumption. 3. Accessory Uses Offices; storage of goods; assembly, repackaging, or processing of goods for on-site sale; off-street parking, services incidental to the sale of goods; wholesale sales. Drive-throuqh facilities are accessorv uses that are subiect to additional regulations outlined in Article 14-4C. Accessorv Uses and Buildings. Crematoriums, for either human or pet remains, may be an accessory use to a funeral home or mortuary. 4. Exceptions a. Lumber yards and other building material suppliers that sell primarily to contractors and do not have a retail orientatio,", are classified as Wholesale Sales. b. Repair of consumer motor vehicles, motorcycles, and light and medium trucks is classified as Vehicle Repair. Repair and service of industrial vehicles and equipment, and heavy trucks is classified as Industrial Service. c. Sales, rental, or leasing of heavy trucks and equipment is classified as Wholesale Sales. d. Firms that primarily sell tree nursery products and landscaping materials to other retail outlets rather than to the general public are considered Wholesale Sales. e. Restaurants and/or bars that are loc;:)tcd within associated with a Hospitality-Oriented Retail Use and that have been issued a Class B liquor control license are considered accessory to the subiect Hospitalitv- Oriented Retail Use and are not considered Drinkinq Establishments or Alcohol-Oriented Retail Uses. ;:)rc rcgul;:)tcd scp;:)r;:)tcly ;:)s ;:) principal usc ;:)nd ;:)rc subjcct to Zlny spccific rcgulZltions rcl;:)tcd thcrcto. f. Drinking Establishments are not considered Alcohol Sales-Oriented Uses. even if thev have a liquor control license or wine or beer permit that allows sale of alcohol. wine. or beer in closed containers for off-premise consumption. g. A use is not considered an Alcohol Sales-Oriented Use if an Accessorv Alcohol Sales Certificate has been qranted accordinq to the process set forth in 14-4A-2G. Use classification for establishments that sell alcohol. h. 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. i. A pet crematorium, if a principal use on a property, is considered an Animal-Related Commercial Use. Pet crematoriums may also be an accessory use to a veterinary clinic. Amend 14-4A-4F, as follows: F. Quick Vehicle Servicing Uses 1. Characteristics Quick Vehicle Servicing uses provide direct services for motor vehicles where the driver generally waits in the car or on-site before and while the service is performed. The facility may include a drive-through area where the service is performed. Full-serve and mini-serve gas stations are always classified as a principal use, rather than an accessory use, even when they are in conjunction with other uses. 2. Examples Full-serve and mini-serve gas stations; unattended card key service stations; car washes. 3. Accessory Uses Off-street parking and stacking lanes. 4. Exceptions a. Repair and service of consumer motor vehicles, motorcycles, and light and medium trucks is classified as Vehicle Repair and is considered a principal use rather than an accessory use, even when in conjunction with a gas station or other use. A development with both a gas station and automotive repair shop would be classified as containing two principal uses: Quick Vehicle Servicing and Vehicle Repair. b. A convenience store located on the same lot as a Quick Vehicle Servicing use is regulated as a separate principal use, Sales-Oriented Retail or Alcohol Sales-Oriented Retail, whichever is aoolicable. c. Repair and service of industrial vehicles and equipment, and heavy trucks is classified as Industrial Service. d. Fleet vehicle refueling facilities that are located on the site where the fleet vehicles are kept are classified as an accessory use. Amend Table 2A-1 as follows: Table2A-1 -Prin(i)ipall.Jses Allowed in Sin,leF.I11LilyResidenlial Zones USE CATEGORIES I SUBGROUPS I RR-1 I RS-S I RS-8 I RS-12 I RNS-12 Residential Uses Household Living Uses Detached Single Family P P P P P Dwellings Detached Zero Lot Line PR PR PR PR Dwellinas Attached Single Family PR PR' PR Dwellings Two-Family Uses (Duplexes) PR PR' PR PR Groue Households PR PR PR PR PR Multi-Family Uses See Note Group LiYing Uses Assisted Group Living Independent Group Living See Note Fraternal Group Living See Note USE CATEGORIES SUBGROUPS RR-1 RS-S RS-8 RS-12 RNS-12 Commercial Uses Animal-related Commercial General Uses Intensive Institutional And Civic Uses Daycare Uses S S S S S Educational Facilities General PR S S S S Specialized Parks and Open Space PR PR PR PR PR Uses Religious/Private Group PR S S S S Assemblv Uses3 USE CATEGORIES SUBGROUPS RR-1 RS-S RS-8 RS-12 RNS-12 Other Uses Agricultural Uses Plant-related P Animal-related Communication PR PR PR PR PR Transmission Facility Uses P = Permitted PR = Provisional S = Special Exception (See 14-48 for requirements for provisional uses and special exceptions) Notes: 1Multi-Family and Group Living Uses in the RNS-12 zone must comply with the special provisions contained in Section 14-2A-7. 2 Special provisions may apply to existing Two Family Uses and Attached Single Family Dwellings located on interior lots in the RS-8 Zone. See 14-2A-7D. 3Any establishment that is licensed by the State to sell alcohol or alcoholic beverages is subiect to the Use Classification process as set forth in 14-4A-2G. Amend Table 28-1 as follows: USE CATEGORIES Residential Uses Household Living Uses Detached Single Family Dwellings P P P Detached Zero Lot Line Dwellings PR PR PR Attached Single Family Dwellings PR PR PR Duplexes PR PR PR Group Households PR PR PR PR PR Multi-family DwellinQs P P P P P Group Living Uses Assisted Group LivinQ S PR PR PR PR Independent Group Living PR PR PR Fraternal Group Living PR PR PR PR Commercial Uses Retail Uses Sales-oriented Personal Service-oriented S Repair-oriented Hospitality-Oriented Retail PR PR Outdoor Storage and Display- oriented Alcohol Sales-Oriented Institutional And Civic Uses Community Service General Community Service S S S S S Uses Community Service - Shelter S S S S S Daycare Uses PR PR PR PR PR Educational Facilities General PR PR PR PR PR Specialized PR Parks and Open Space PR PR PR PR PR Uses Religious/Private Group PR PR PR PR PR Assembly Uses1 Other Uses Communication PR PR PR PR PR Transmission Facility Uses P = Permitted PR = Provisional S = Special Exception (See 14-48 for requirements for provisional uses and special exceptions) lAny establishment that is licensed bv the State to sell alcohol or alcoholic beveraqes is subiect to the Use Classification process as set forth in14-4A-2G. Amend Table 2C-1 as follows: Household Living Uses Detached Single Family P Dwellinas Detached Zero Lot Line PR Dwellinos Attached Single Family PR Dwellinos Duplexes PR Group Households PR PR PR PR PR PR PR Multi-familvDwellings PR PR S PR PR PRlS P Group Living Uses Assisted Group Living PR S PR Independent Group Livino Fraternal Group Living Commercial Uses Adult Business Uses PR Animal-related General S PR PR PR PR PR Commercial Uses Intensive PR Commercial Outdoor P P S Recreational Uses2 Indoor PR/S PR P P P P P P Commercial Parking PR PR PR Uses Eating & Drinking Eatina Establishments S PRlS Fll;;; P P P P S Establishments2 ~n~~IIi1S1IEs~bl\~tlmen~ Ii! iEB EB> PR EB .>. ffi Quick Vehicle Servicing S PR PR PR PR PR/S Uses2 Office Uses General Office P PR P P P P P P P MedicallDental Office P PR P P P P P P Retail Uses2 Sales-oriented PR PR PR P P P P PR Personal Service-oriented P PR P P P P PR Repair-oriented P P P P P HOSDltalitY~Oriented Retail PR PR P P P P P PR Outdoor Storage and Display- P PR oriented ;.!P!!Rl! \.. PRY !;!I~!R P !PR. PR PR PR Surface Passenger P P P P P Service Uses Vehicle Repair Uses PR PR S PR Industrial Uses Industrial Service Uses P Manufacturing and Technical/Licht Manufacturing PR PR PR PR PR Production Uses General Manufacturing See PR PR PR PR PR Note' Heavv Manufacturing S Salvaae Ooerations Self-Service Storage P Uses Warehouse and Freight P Movement Uses Waste-Related Uses Wholesale Sales Uses P PR PR PR PR Institutional And Civic Uses Basic Utility Uses PRlS PRlS PRlS PRI PR/ PRI PR/S PRlS S S S Community Service General Community Service P S S P P P P S Uses Communitv Service - Shelter S S S PR PR S S Daycare Uses PR PR PR PR PR PR PR PR PR Detention Facilities S Educational Facilities General PR P P P PR Soecialized P PR P P P P PR Hospitals PR Parks and Open Space PR PR PR PR PR PR PR Uses Religious/Private Group PR P P P P PR Assembly Uses2 Other Uses Communication PR PR PR/S PR PR/S PR/S PR/S PR/S PR Transmission Facility /S Uses P = Permitted PR = Provisional S = Special Exception (See 14-4B for requirements for provisional uses and special exceptions) 1Special provisions apply to dairy products processing and packaging facilities established in the Highway Commercial Zone prior to January of 1983. See 14-2C-10B. 2Any establishment that is licensed by the State to sell alcohol or alcoholic beveraqes is subiect to the Use Classification process as set forth in 14-4A-2G. Amend Table 2D-1, as follows: Table 2D-1 - Princi 81 Uses Allowed in Industrial and>R.,s.arch Zones USE CATEGORIES SUBGROUPS 1-1 1-2 RDP ORP Commercial Uses Commercial Outdoor Recreational Uses1 Indoor S S Office Uses General Office P P Medical/Dental Office P P Retail Uses Sales-oriented Personal Service-oriented Repair-oriented Hospitality-Oriented Retail S S Outdoor Storage and Display- oriented Alcohol Sales-Oriented Industrial Uses Industrial Service Uses P P Manufacturing and Technical/Light Manufacturing P P P P Production Uses General Manufacturing PR P Heavy Manufacturing S P Salvage Operations S Self-Service Storage P P Uses Warehouse and Freight P P PR PR Movement Uses Waste-Related Uses PR PR Wholesale Sales Uses P P PR PR Institutional And Civic Uses Basic Utility Uses PR PR PR/S PR/S Colleges and Public Universities Private S S Community Service General Community Service S Uses Community Service - Shelter Daycare Uses PR PR Parks and Open Space PR PR Uses Other Uses Aviation-related Uses Airports Helicopter Landing Facilities S S S S Extraction Uses PR Communication PR PR S S Transmission Facility Uses P = Permitted PR = Provisional S = Special Exception (See 14-48 for requirements for provisional uses and special exceptions) 'Any establishment that is licensed by the State to sell alcohol or alcoholic beveraoes is subject to the Use Classification process as set forth in 14-4A-2G. Amend 14-48-48-9 as follows and add new paragraph 10 to this subsection: 9. Eating and Drinking Establishments in the CN-1, MU, and CO-1 Zones a. The occupancy load for anyone establishment will not exceed 100, except as allowed in subparagraph c., below. b. Drive-through windows and drive-through lanes are prohibited. c. In the CN-1 Zone, the maximum occupancy load may be increased to 125 by special exception, provided that the following criteria are met: (1) The increased floor area will be supportable primarily by residents of the surrounding area; (2) The proposed exception will result in a more attractive neighborhood commercial development due to the presence of outdoor eating areas that enhance the pedestrian orientation of the development, additional parking lot landscaping, additional vegetative buffers, or other site improvements. (3) The proposed exception will be consistent with the stated intent of the CN-1 Zone. d. Drinkinq Establishments are not allowed in the MU and CO-1 Zones. e. In the CN-1 Zone. a Drinking Establishment. as defined in this Title. must be separated by a minimum distance of 500 feet from any other Drinkino Establishment. Distance shall be measured along a straiqht line from the nearest propertv line (or nearest point of the leased space) of the proposed use to the nearest propertY line (or nearest point of the leased space) of any other Drinking Establishment. For example. in the case of a Drinkinq Establishment that is located on a lot with multiple leased spaces. such as a shopping mall. the distance is measured from the nearest point of the leased space occupied by a Drinkinq Establishment to the nearest propertY line or leased space of any other Drinkinq Establishment. 10. Drinkina Establishments in the CH-1, CC-2, CB-2, CB-S, CB-10 Zones A Drinkinq Establishment. as defined in this Title. must be separated by a minimum distance of 500 feet from any other Drinking Establishment. Distance shall be measured alonq a straight line from the nearest propertv line (or nearest point of the leased space) of the proposed use to the nearest propertY line (or nearest point of the leased space) of any other Drinkino Establishment. For example. in the case of a Drinking Establishment that is located on a lot with multiple leased spaces. such as a shopping mall. the distance is measured from the nearest point of the leased space occupied by a Drinkinq Establishment to the nearest propertY line or leased space of any other Drinkinq Establishment. Amend paragraphs 14-4B-4B-13, 14, 15, 16, and 17 as follows and add paragraphs 18 and 19 to this subsection. 13. Sales-Oriented Retail, Personal Service-Oriented Retail, and Alcohol Sales-Oriented Retail Uses in the CN-l Zone a. Each such use is limited to 2,400 square feet of gross floor area, except as provided below: (1) Drugstores and hardware stores may contain up to 15/000 square feet of gross floor area. (2) Grocery stores, including sales of specialty food items, such as bakery and delicatessen goods, may contain up to 30/000 square feet of gross floor area. Grocery stores that include other departments for goods and services allowed in the CN-1 Zone may contain up to 40/000 square feet of gross floor area, provided that any floor area that exceeds 30/000 square feet is departmentalized for nonfood products and services. (3) Except for the uses listed in subparagraphs a. and b., above, the limit on floor area for anyone use may be increased from 2/400 square feet up to 5/000 square feet by special exception, provided that the following criteria are met: (a) The increased floor area will be supportable primarily by residents of the surrounding area; (b) The proposed exception will be consistent with the stated intent of the CN-1 Zone. b. Crematoriums, if proposed as a principal use, are not permitted in this Zone. Crematoriums are allowed if they are accessory to a funeral home and meet all other provisions of this paragraph. 14. Sales-Oriented, Alcohol Sales-Oriented, and Personal Service- Oriented Retail in the MU Zone a. Any such use is limited to 2/400 square feet of gross floor area. b. The limit on floor area for anyone use may be increased from 2/400 square feet up to 5/000 square feet by special exception, provided that the following criteria are met: (a) The increased floor area will be supportable primarily by residents of the surrounding area; (b) The proposed exception will be consistent with the stated intent of the MU Zone. c. Crematoriums, if proposed as a principal use, are not permitted in this Zone. Crematoriums are allowed if they are accessory to a funeral home and meet all other provisions of this paragraph. 15. Sales-Oriented, and Alcohol Sales-Oriented Retail in the CH-l Zone Sales-Oriented and Alcohol Sales-Oriented Retail Uses are limited to convenience stores associated with Quick Vehicle Servicing Uses. 16. Sales-Oriented Retail in the CI-l Zone Sales-Oriented Retail is limited to the following specific uses: a. Convenience stores associated with Quick Vehicle Servicing Uses; b. Retail establishments that primarily sell building supplies, auto supplies, hardware, paint, flooring materials, furniture, or a~pliances. c. Sales-Oriented Retail associated with a Repair-Oriented Retail, Industrial Service, LightfTechnical Manufacturing, or General Manufacturing Use, provided that the floor area devoted to the retail display of merchandise does not exceed 50% of the total ground floor area or 5,000 square feet, whichever is less. d. Consignment stores as defined in Article 14-9A, General Definitions. 17. Hospitality-Oriented Retail in the RM-44, PRM, MU, CO-l, and CN-l Zones a. Hospitality-Oriented Retail is limited to guesthouses as defined in Article 14-9A of this Title, General Definitions. b. Any accessory dining and/or bar service is limited to quests only and may not be ooen to the qeneral oublic. 18. Alcohol Sales-Oriented Retail in the CI-l Zone Alcohol Sales-Oriented Retail is limited to convenience stores associated with Quick Vehicle Servicinq Uses. 19. Alcohol Sales-Oriented Retail Uses in the CB-2. CB-S. and CB-l0 Zones An Alcohol Sales-Oriented Retail Use must be seoarated by a minimum distance of 1000 feet from any other Alcohol Sales-Oriented Retail Use. Distance shall be measured alonq a straiqht line from the nearest orooertv line (or nearest ooint of the leased soace) of the orooosed use to the nearest orooertv line (or nearest ooint of the leased soace) of any other Alcohol Sales- Oriented Retail Use. For exam ole. in the case of an Alcohol Sales-Oriented Retail Use that is located on a lot with multiole leased soaces. such as a shoooinq mall. the distance is measured from the nearest ooint of the leased soace occuoied by an Alcohol Sales-Oriented Retail Use to the nearest orooertv line or leased soace of any other Alcohol Sales-Oriented Retail Use. Amend 14-4E-5 by inserting a new subsection G, as follows: G. Nonconformina Drinkina Establishments and Alcohol Sales-Oriented Retail Uses In addition to the other Drovisions in this Section. the following Drovisions apDlv to nonconforming Drinkinq Establishments and nonconforminq Alcohol Sales-Oriented Retail Uses. 1. Anv Drinking Establishment. as defined in this Title. that was legallY established Drior to (effective date of this ordinance) and that is nonconforminq with reqard to the seDaration requirement between said uses. as sDecified in this Title. may continue unless one or both of the following situations occur. If one or both of these conditions occur. then nonconforming riqhts cease and the use must convert to a conforminq use: a. The liquor license laDses. is revoked or is discontinued for a Deriod of one year; or b. There are changes to the use such that the use no lonqer meets the definition of Drinkinq Establishment. 2. Any Alcohol Sales-Oriented Retail Use. as defined in this Title. that was leqally established Drior to the (effective date of this ordinance) that is nonconforminq with reqard to the seDaration requirement between said uses. as sDecified in this Title. may continue unless one or both of the followinq situations occur. If one or both of these conditions occur. then nonconforming rights cease and the use must convert to a conforming use. a. The liquor license laDses. is revoked or is discontinued for a Deriod of one year; or b. There are chanqes to the use such that the use no lonqer meets the definition of Alcohol Sales-Oriented Retail Use. 3. For Durooses of this subsection. sidewalk cafes shall not be considered an eXDansion of a nonconforminq use. Amend 14-9A, General Definitions by adding and amending the following definitions: ALCOHOL SALES-ORIENTED USE: See "Retail Uses" as defined in Article 14-4A, Land Use Classification. DRINKING ESTABLISHMENT: See "Eatina and Drinkina Establishments" as defined in Article 14-4A, Land Use Classification. EATING AND DRINKING ESTABLISHMENT: See "Eating and Drinking Establishments" as defined in Article 14-4A, Land Use Classification. RESTAURANT: An Eating and Driflking Establishment '.vhere the princip\J1 commercial activity is the dispeflsing and consumption of prepared f-ood and bever\Jges. Depending on the type of restaurant, food \Jnd bever\Jges may be consumed on or off the premises. (See "Eating and Drinl(ing Establishments" as defined in Article 14-4A, Land Use Classification. STAFF REPORT To: Planning & Zoning Commission Prepared by: Karen Howard Item: REZ09-00002 420th Street, west of Taft Date: March 5, 2009 GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington St Iowa City, Iowa 52240 Contact Person: Karen Howard 356-5251 Requested Action: Rezoning from ID-I to 1-1 Purpose: To allow development of industrial uses Along 420th Street SE, east of the Scott- Six Industrial Park and west of Taft Avenue Location: Size: Approximately 100 acres Existing Land Use and Zoning: Agricultural, Interim Development Industrial (ID-I) Surrounding Land Use and Zoning: North: Agricultural - County R South: Agricultural - County R East: Agricultural and industrial - County Rand County Heavy Industrial (MH) West: Industrial and Agricultural - General Industrial (1-1) and County R and County Highway Commercial (CH) Comprehensive Plan: Southeast District - Industrial development File Date: February 18, 2009 45 Day Limitation Period: April 4, 2009 BACKGROUND INFORMATION: The City of Iowa City recently purchased approximately 174 acres of land east of the Scott-Six Industrial Park along 420th Street SE with the intention of making it available for future industrial development. The property was annexed and zoned ID-I in December 2008. We are now proposing to rezone an approximately 100 acre portion located south of the Iowa Interstate Railroad to General Industrial (1-1). An 80 foot wide strip of land containing approximately 3.25 acres along the west side of the recently annexed area is owned by E&L Prybil, who have agreed to include their land in this rezoning. Approximately 78 acres located north of the railroad would 2 remain zoned 10-1. We have had discussions with immediately adjacent property owners and businesses about the City's plans to develop an industrial park in this area and the potential for the annexation of their land to be included in future phases for industrial development. ANAL YSIS: The purpose of the 10 zone is to provide for areas of managed growth in which agricultural and other non-urban uses of land may continue until such time as the City is able to provide City services and urban development may occur. The intent of the proposed 11 zone is to provide the opportunity for the development of most types of industrial firms. Since there has already been some serious interest expressed by a manufacturer associated with the wind power industry, the City is proceeding with plans to reconstruct 420th Street and extend water and sewer service to this land. The City has hired a consultant to design an industrial subdivision for this land to maximize access to the rail line and arterial street network. Water service will be extended when the City improves 420th Street to city standards. Sewer service can be provided by extending a branch from the Scott Boulevard Trunk Sewer to this area. Improvement of the road and extension of water and sewer service is scheduled to begin this coming construction season. With the planned installation of these improvements the property is now appropriate for rezoning from 10-1 to 1-1. The proposed 1-1 zone is in compliance with Comprehensive Plan and is compatible with surrounding land uses. The property is contiguous with existing industrial land, located next to a rail line and major truck routes to Interstate 80 and Highway 6, which makes it ideally suited for industrial development. The proposed industrial park is also supported by the Comprehensive Plan's economic well-being goals and strategies that encourage the diversification of the industrial tax base. STAFF RECOMMENDATION: Staff recommends that REZ09-00002, a rezoning of 100 acres of land located along 420th Street, east of the Scott-Six Industrial Park and west of Taft Avenue from Interim Development Industrial (10-1) to General Industrial (1-1), be approved. ATTACHMENTS: 1. Location Map 2. Aerial Photograph Approved by: ~~ 'Robert Miklo, Senior Planner Department of Planning and Community Development I I - 6 t: tJ ~ ~ ~ t: tJ N o o o o I 0\ o N ~ ~ rJ) i-l a; a; ~ i-l rJ) ...c:: i-l o N """ 00 """ ['--. """ . . Z o I-( ~ U o ~ ~ ~ I-( rJ) ~ t3 ~ ~ ~ ~ t3 ~ N o o o o I 0'\ o N ~ ~ rn ... CI) CI) ~ ... rn ..r:l ... o N ~ eX) ~ 1"'-- ~ z o ~ ~ U o ~ ~ f-4 ~ rn MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 2, 2009 - 6:00 PM - INFORMAL CITY HALL, EMMA J. HARVAT HALL PRELIMINARY MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Michelle Payne, Wally Plahutnik, Tim Weitzel, Elizabeth Koppes, Josh Busard MEMBERS ABSENT: None STAFF PRESENT: Bob Miklo, Christina Kuecker, Sarah Walz, Sarah Greenwood Hektoen OTHERS PRESENT: None CALL TO ORDER: The meeting was called to order at 6:00 p.m. by Chairperson Ann Freerks. DEVELOPMENT/REZONING ITEMS: SUB08-00010/REZ08-00011: Discussion of an application submitted by S&J Development LLC for a rezoning of 18.58 acres from Interim Development Single-Family Residential (ID-RS) to Low Density Single Family (RS-5), a rezoning of 44.29 acres from Rural Residential (RR-1) to Low Density Single Family (RS-5), a rezoning of 82.3 acres from Low Density Single Family (RS-5) to Planned Development Overlay Low Density Single-Family (OPD-5), and a preliminary plat of Country Club Estates Parts 3-8, a 170 lot, 82.3 acre residential subdivision located on Rohret Road, east of Slothower Road. The 45-day limitation period expires February 5, 2009. Kuecker began by addressing traffic concerns on Rohret Road. She said that transportation staff has indicated that Rohret Road is designed to carry a capacity of 13,000-15,000 vehicles per day; current counts are for between 4,000 and 5,000, well under capacity. Approximately 1,200 more vehicle trips per day would be generated by the new subdivision. Transportation staff did say that delays on Rohret Road are often at its intersection with Mormon Trek, which is slated for improvements and turn-lanes. Concerns about future improvements to Rohret Road and the possible loss of driveway access, trees, and property converted to sidewalks were addressed by engineering staff. Kuecker reported that it is unlikely that sidewalks would be installed or driveway access affected until and unless the area is annexed by the City and redeveloped. The previously improved portion of Rohret Road required no additional right-of-way to the south. As a result most of the trees were saved. Engineers believe this is also possible with the portion of Rohret Road in question. Lakeshore Drive's alignment was chosen by staff as it was seen as an opportunity to connect it with an already-existing intersection at Rohret Road and Rohret Court. This is part of an effort to decrease driver confusion and the increased potential for collision. The subdivision code also requires that intersections along arterial streets must be at least 600 feet apart. The topography in this particular location is also deemed to be the most desirable for the road. The subdivision will not drain to the southern properties along Rohret Road. Rohret Road is a ridgeline so everything either drains northward or to the west. Planning and Zoning Commission February 2, 2009 - Informal Page 2 Sanitary sewer has been extended to the Southwest Estates properties. When the septic systems on those properties begin to fail the City can require them to hook up to city sewers. Miklo noted that the easements go to the property line; Public Works is checking to see if it is necessary to bring the sewer line that far as well. It would be at the developer's cost to get the line to the edge of the property. Kuecker said it is likely that the drainage under Outlots A and C will be cut during the construction of Lakeshore. It is up to the developer if they wish to reinstall it underground or keep it above ground. Kuecker said that not all wetland plantings require burning, and if they do it is usually only once every three or four years. There is no indication in the wetland plan that there will be prairie involved. Kuecker said the plan does contain a network of safe and accessible streets on a modified grid plan. Kuecker said it would be very unlikely that a road would go through the County Poor Farm site or that Lakeshore would be a straight shot from Melrose to Rohret. The plan shows proposed future trails. The location of the proposed park has been debated. Staff feels that while it may not be centrally located to this subdivision it will be for the larger area. Further, it is adjacent to city-owned property and will be a larger, more useful park. Lot sizes in the Country Club Estates first and second additions ranged from 8,500 to 18,000 square feet; Southwest Estates ranges from 10,000 to 20,000; part 2 of Southwest Estates ranges from 1 to 3 acres. No comment was received from the school district in response to the letter sent asking for their comment on this development. However, the district did make an announcement that a new elementary school would be built in the area. Miklo noted that the construction of the eastern portion of Rohret Road was done within the 33 foot right- of-way, and he feels confident based on the information he has received that nearly all of the trees on the southern side of Rohret can be saved. Miklo said the land use plan in the Southwest District Plan does not show multi-family and townhouses on the plan, but they are addressed in the text. It says that the area is suitable for single-family but that townhouses might be possible if designed to be compatible with the neighborhood. Miklo said a couple of years ago they had conversations with the developer about doing townhouses in that area to allow clustering of development away from the wetlands and to create more open space, but the configuration submitted was not compatible with the neighborhood. They were a barracks-like design and did not increase the open space. Staff suggested ways to make the design more compatible with neighborhood and then the applicant changed his mind and decided to propose all single-family lots. The owner of the house at the corner of Rohret Road and Rohret Court had expressed concern about headlights shining into his living room. Miklo said that Staff implements design techniques to avoid that. He said that this particular house is fairly well screened and is set farther back from the street than in most cases, and he is confident the headlights will not be an issue. Freerks asked what Staff thought about the letter the Commission received which outlined a plan to shift Rohret Road to the north 17 feet to lessen the impact on houses to the south when improvements were made. Kuecker said they had received it only a few hours prior but it is being looked into by engineering and Public Works. Freerks asked if it was true that the school district had ignored the letter entirely. Miklo said he had an unrelated meeting with the school district the next day and would touch base on the issue. Freerks said she felt it was a problem not to have received a response. Koppes asked when the CIP would be set. Miklo said the City Council will be voting on it in March about the same time that this rezoning application will be going to them. Freerks asked if drainage to the west would be problematic for the farmland there. Miklo said that City's engineers have reviewed the drainage plan and are comfortable with it. Eastham asked where water that Planning and Zoning Commission February 2, 2009 - Informal Page 3 did not go to the retention basin would actually go. Miklo said he did not know that and would have to check with the engineers. Eastham said that he has a definite concern about the lack of multi-family/town home units in the area. Eastham said he was not yet convinced the project met the requirements of the Comprehensive Plan. Eastham said he had noticed developments on the east side of town that very successfully mixed townhomes and single family homes, and felt this would be an opportunity for the west side of town to do the same. Eastham asked why Lakeshore Drive's placement seemed to be held to a different standard than other streets connecting to Rohret such as Maier. Miklo replied that the roads were done several years ago when the standards were different. Eastham asked about using Slothower as an interconnection between Rohret and Melrose Avenue. Miklo said that in the long-term Hwy 965 is supposed to serve as an arterial connection between the two, so a pattern of collector streets is the goal for now. Eastham asked if Slothower still had to be vacated by the County as a condition for approval. Miklo said that it did. Greenwood Hektoen pointed out that the County's vacation process was different and somewhat simpler than the City's, resulting in a clearer title to the property by the property owner. Eastham asked if the two-driveway issue for those south of Rohret Road would come up again once the area is annexed. Miklo said they would basically be grandfathered in until the lots were redeveloped and the arterial street standards were in place. Weitzel asked about universal design as it pertained to this planning process. Miklo said that the Commission is being asked to consider a rezoning issue and universal design is more of a building issue. In a planned development, Miklo said, it could be something on the table. COUNTY REZONING ITEMS: Busard left the meeting as he will be abstaining from both of the County Rezoning items. CZ09-00001: Discussion of an application submitted by Michael Furman for a rezoning of 40 acres from County Agriculture (A) to County Residential (R) zone located at 3051 Buchmayer Bend NE. Walz explained that what has been proposed is five lots and five outlots. The County encourages cluster development, and this development does not really fit that bill. Walz said the outlots do not seem to serve any communal purpose for the development, but seem to be the less useful land. The development does not encourage or allow for easy in-fill in the future. This area is currently under reconsideration for the County's land use map. The new land use map moves the growth area all the way over to Newport Road, leaving this area off the drawing board for future development. Staff does not think this meets the cluster development standard and is not recommending it for that reason. If it were approved, Staff suggests that all roads meet the county road standards and the applicant address storm-water detention and the ownership of the outlots. Staff and Commissioners discussed the way that the outlots did not seem to relate to one another in a coherent or useful way. Greenwood Hektoen outlined a few of the things addressed in the Fringe Area Agreement, such as: ensuring orderly growth, economical provision of utilities and services, conservation of natural resources, etc. Miklo said that Staff's recommendation is that the County should decide if this is good land use since they are changing their map. Greenwood Hektoen said the Commission is simply making a recommendation to the County. Walz said that Staff does not believe the development meets the standards as they are right now, much Planning and Zoning Commission February 2, 2009 - Informal Page 4 less if the land use map is changed. Miklo said that the County does take the Commission's recommendations very seriously. CZ09-00002: Discussion of an application submitted by Richard Wonick for a rezoning of 39.80 acres from County Agriculture (A) to County Residential (R) zone located east of Buchmayer Bend NE and west of Hwy 1 NE. Walz said this is rezoning to a one-acre lot with one large outlot. The County's requirements may have influenced the odd shape of the outlots. Staff recommends that Buchmayer Bend be brought up to County requirements. The (R) zoning can be considered where the outlot is at least 50%, and this plan does not meet that standard. For that reason, Staff recommends denying this application as well. If it was to be approved, then Buchmayer Bend would have to be brought up to standards, and storm-water retention would have to be addressed, as would outlot ownership. Payne asked if Staff knew why the land use map was being changed. Miklo said there could be a number of factors: the prevention of sprawl, focusing money for road improvements and maintenance, create more centralization and density. OTHER: February 16th meeting is cancelled due to President's Day. Staff anticipates having a zoning code for bars and liquor stores for City Council to consider sometime in February. ADJOURNMENT: The meeting was adjourned at 6:54 p.m. C o 'iii III 'E E o o'E ClO C (,) ,- Q) Co::: o NQ)~ ~gQ ClftSN C'1::J ,- C C Q) Ct:: .!!<C Q" ~ (3 ftS ~ .2 C) z i= w w :::E ...J <C :::E 0::: o u. 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HARVAT HALL PRELIMINARY MEMBERS PRESENT: Ann Freerks, Josh Busard, Charlie Eastham, Wally Plahutnik, Elizabeth Koppes, Tim Weitzel MEMBERS ABSENT: Michelle Payne STAFF PRESENT: Bob Miklo, Christina Kuecker, Sarah Greenwood Hektoen OTHERS PRESENT: Duane Musser, Larry Jewell, Chester Schulte, Sarah Jewell, Davis Tokuhisa, Kolleen Shield, Robert Hegeman, Linda Dyer, Karl Ebert, Jayne Sandler RECOMMENDATIONS TO CITY COUNCIL: The Commission recommended approval of SUB08-00010/REZ08-00011, an application submitted by S&J Development LLC for a rezoning of 18.58 acres from Interim Development Single-Family Residential (ID-RS) to Low Density Single Family (RS-5), a rezoning of 44.29 acres from Rural Residential (RR-1) to Low Density Single Family (RS-5), a rezoning of 82.3 acres from Low Density Single Family (RS-5) to Planned Development Overlay Low Density Single-Family (OPD-5), and a preliminary plat of Country Club Estates Parts 3-8, a 170 lot, 82.3 acre residential subdivision located on Rohret Road, east of Slothower Road. The approval is subject to the following: 1. The portion of Rohret Road adjacent to lots 1 and 38 being improved to city standards by the developer, and the extension of Lakeshore Drive being completed in the first phase of development; 2. The development of the 7th and 8th additions shall not occur until the improvement of the remainder of Rohret Road is in the CIP and the applicant/owner pays their fair share of the improvements to Rohret Road. If Rohret Road is not included in the CIP, then ID-RS zoning is to be retained on the 6th and 8th additions unless the applicant agrees to improve the portion of Rohret Road adjacent to the subdivision; 3. The southern portion of Slothower Road being vacated such that lots 91-95 and 164-170 do not become double fronting lots. If the southern portion of Slothower Road is not vacated, no lots west of Desert Lane shall be preliminary platted and an alternate design shall be created that eliminates the double fronting lots; 4. The Wetland Mitigation Plan being approved by the U.S. Army Corps of Engineers; 5. A long term maintenance plan for the wetland private open space by the homeowners' association being included in the legal papers with the final plat; 6. A revision to the preliminary plat to reflect a 33-foot right-of-way on the south side of Rohret Road. The vote was 5-1 (Eastham voting no and Payne absent). The Commission voted 5-0 (Busard abstaining; Payne absent) to recommend denial of CZ09- 00002, an application submitted by Richard Wonick for a rezoning of 39.80 acres from County Agriculture (A) to County Residential (R) zone located east of Buchmayer Bend NE and west of Hwy 1 NE. The Commission noted that if the application was approved against their recommendation then the improvement of Buchmayer Road should be a condition of approval. Planning and Zoning Commission February 5, 2009 - Formal Page 2 CALL TO ORDER: The meeting was called to order at 7:34 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. DEVELOPMENT/REZONING ITEMS: SUB08-00010/REZ08-00011: Discussion of an application submitted by S&J Development LLC for a rezoning of 18.58 acres from Interim Development Single-Family Residential (ID-RS) to Low Density Single Family (RS-5), a rezoning of 44.29 acres from Rural Residential (RR-1) to Low Density Single Family (RS-5), a rezoning of 82.3 acres from Low Density Single Family (RS-5) to Planned Development Overlay Low Density Single-Family (OPD-5), and a preliminary plat of Country Club Estates Parts 3-8, a 170 lot, 82.3 acre residential subdivision located on Rohret Road, east of Slothower Road. Kuecker began by addressing concerns and questions brought up by the Commission in the last meeting. Kuecker addressed traffic on Rohret Road and future improvements to be made to the road. Kuecker noted that a number of people at the meeting had expressed concerns for the capacity of Rohret Road, and its ability to handle the traffic that will be generated by 170 more units. Kuecker spoke with transportation planning staff, and was informed that the improved portion of Rohret Road currently has a capacity of between 13,000 and 15,000 vehicles per day. Current traffic counts indicate that it is used daily by 4,000 to 5,000 vehicles. Planning staff estimates an average of seven trips per day, per household; using that figure, a 170-lot subdivision would generate approximately 1,200 additional vehicle trips per day. Thus, transportation planners deem the improved portion of Rohret Road as having more than adequate capacity to absorb the additional traffic from the subdivision. Kuecker acknowledged that delays are experienced at the intersection of Mormon Trek and Rohret Road, but stated that the delays are primarily caused by the high volume of traffic on Mormon Trek Boulevard and the timing of the traffic signals there. Improvements to Mormon Trek are included in the City's CIP Plan, and it is believed that these planned improvements will help to alleviate congestion problems. Specifically, the addition of left-turn lanes and an adjustment to traffic signals should help to resolve current back-up problems. Kuecker noted that there had been concern expressed by area residents about the consequences future improvements to Rohret Road might have on their properties. Specifically, residents were concerned about the effects that the installation of sidewalks, limitations to driveway access, and the possible removal of mature trees might have on their quality of life. City engineering staff has said that it is not likely that sidewalks would be installed on the south side of the road when the road is improved. The engineering staff said that sidewalks would likely not be installed until and unless the area south of Rohret Road is annexed into the city and redeveloped. At that time, city arterial street standards would go into effect, and it is not until then that residents would be limited to one access point off of Rohret Road for their driveways. Contrary to the fears expressed by some residents, the City would not limit them to one access point per driveway if the improvements to Rohret Road that have been discussed in relation to this subdivision are made. The property south of Rohret remains under the jurisdiction of the County and county road regulations would continue to apply. Engineering staff also indicated that every effort to save trees is made when road improvements are done, and that residents who lose trees are compensated for them. Kuecker said that the rate of compensation is worked out when easements or additional right of way required for the road are negotiated. Planning and Zoning Commission February 5, 2009 - Formal Page 3 Kuecker reported that engineering staff had said that they believed they could reconstruct Rohret Road without having to acquire any additional right of way to the south; this was the case for the already improved portion of Rohret Road, and it worked out well. Kuecker addressed the alignment of Lakeshore Drive by saying that city staff and the applicant worked together to design a connection between the already constructed portion of Lakeshore Drive and Rohret Road, creating an intersection at the already-existing intersection of Rohret Road and Rohret Court. The goal is to decrease unnecessary intersections on an arterial street by connecting with existing intersections, thus preventing driver confusion and potential accidents. Additionally, the subdivision code requires a minimum spacing of 600 feet between intersections along an arterial street. The chosen location of Lakeshore Drive provides good neighborhood connectivity and appropriate intersection spacing. The location crosses the wetlands at one of its narrower points and at a somewhat gentle spot in the topography, making the road easier to construct in that location. Questions regarding drainage, run-off and sewer, had been asked both by residents and Commissioners in previous meetings. Kuecker clarified that none of the proposed subdivision drains to the south of Rohret Road. Kuecker stated that with the drainage systems that will be in place, there may actually be less drainage for the neighbors once the subdivision is in place than there is now. Kuecker said that sanitary sewer has been extended to the western-most point. Code requires developers to extend sanitary sewer to the borders of the subdivision. Public Works has indicated that in this case, if the developer extended the sewer beyond the edges of the subdivision it could be problematic and may not function very well. Kuecker said that there are underground drainage tiles in Outlots A and C which will likely be cut during the construction of Lakeshore Drive. Kuecker said that whether the drainage tile was reconstructed with the water flowing above ground or below ground would have no detrimental effect on properties to the east. Kuecker said that Country Club Estates needed to be looked at in the context of the larger Comprehensive Plan. The Comprehensive Plan does call for preserving the rural character of the area, but it does so in the context of promoting orderly growth and developing adjacent to areas that are already developed. In Staff's opinion, this development meets the requirements of the Comprehensive Plan in that it is developing next to a developed area, and not creating "leap frog" develpment. Kuecker noted that the Poor Farm Plan adopted by the Johnson County Board of Supervisors does call for trails from Willow Creek into the Poor Farm and extending toward the street system of the development itself. The plan also has a preservation area which indicates that Lakeshore Drive could not be a straight street toward Melrose Avenue and would have to curve and connect into Slothower Road. This is the circuitous collector street pattern also indicated in the development's plans. The park land that has been proposed joins in with property that is already owned by the City. The Comprehensive Plan does state that once Country Club Estates is developed, opportunities should be sought out to add to the already-existing city-owned property to create a larger neighborhood park to serve the area as it continues to develop. Kuecker reminded Commissioners what the Staff recommendations are. Staff recommends the rezoning and subdivision with the conditions that were listed in the Staff report, with the exception that the 6th addition has become the ih addition so condition #3 is no longer necessary. Kuecker outlined the Staff recommendations: 1. The portion of Rohret Road adjacent to lots 1 and 38 being improved to city standards by the developer, and the extension of Lakeshore Drive being completed in the first phase of development; 2. The development of the ih and 8th additions shall not occur until the improvement of the remainder of Rohret Road is in the CIP and the applicant/owner pays their fair share of the improvements to Rohret Road. If Rohret Road is not included in the CIP, then ID-RS zoning is to be retained on the 6th and 8th additions unless the applicant agrees to improve the portion of Rohret road adjacent to the subdivision. Planning and Zoning Commission February 5, 2009 - Formal Page 4 3. The southern portion of Slothower Road being vacated such that lots 91-95 and 164-170 (here Kuecker noted that the lot numbers may have changed) do not become double fronting lots. If the southern portion of Slothower Road is not vacated, no lots west of Desert Lane shall be preliminary platted and an alternate design shall be created that eliminates the double fronting lots; 4. The Wetland Mitigation Plan being approved by the U.S. Army Corps of Engineers; 5. A long term maintenance plan for the wetland private open space by the homeowners Association being included in the legal papers with the final plat. Kuecker offered to answer questions from the Commission. Koppes asked Kuecker to restate the sanitary sewer issue. Kuecker said the sanitary sewer is being extended to the easternmost part of the development. Kuecker said there had been some question as to whether the sanitary sewer should be extended even farther eastt; however, Public Works does not feel that that is the proper course of action at this time. Koppes asked what would happen in the future if it became necessary to extend the sewer further east. Kuecker said that Public Works did require easements to be placed upon the boundary line in case sewer lines do need to be extended beyond the development in the future. Koppes asked if they would then be extended at taxpayer expense. Miklo said that it would not. He explained that city code allows the City to require property owners to hook up to the sanitary sewer system if they live within 300 feet of a sanitary sewer line. Miklo said the City does not usually require property owners to do so unless their septic system is failing and they seek Board of Health approval for a new septic system. Miklo said the expense would fall on the property owners that would be replacing their septic systems. Freerks asked if the school district had ever responded to the City's request for comment on the development. Miklo said that it had not, but that a meeting on another matter had taken place with the superintendent, who had mentioned that most schools in town are at or over capacity and that the district plans to build a new school on the west side of town. It is hoped that this will relieve pressure on the current schools in the area. Eastham asked if the expense of extending sanitary sewer would fall on the new property owners for the lots west of the development in the event that they changed hands. Miklo said that it would. He reiterated that while the City can require a property owner to hook up to the sanitary sewer line once it is within 300 feet of their property, it has been the City's practice not to do so until there is an issue with the septic system. Eastham asked about the trail system Kuecker had discussed in her summary. He said that the illustration provided indicated that the trail would connect to Lakeshore Drive, and he wondered if Staff was sure that at least five foot sidewalks were present in that area. Miklo said that the existing part of Lakeshore Drive is a four foot sidewalk, but south of Dunley Court the sidewalks are five feet wide. He noted that the illustration is conceptual and that depending on how things are platted it may be better to hook the trail in at Wildcat Road. The illustration is intended simply to convey the idea that the trail will connect into the subdivision. There were no further questions from the Commission. The public hearing was opened at 7:53 p.m. The applicant was invited to speak first. Duane Musser, MMS Consultants, addressed the Commission, saying that he had Brian Spear, a family member of the developer, with him at the meeting. He said that the applicant agreed with the staff report and the conditions recommended by Staff. He said that he was present to answer any questions the Commission might have. Koppes asked if this development would be forming its own homeowner's association, or would be joining the existing one. Musser said that this was still under discussion. It has not yet been decided if the wetland area will serve as a boundary between the current homeowner's association and a new one, or if Planning and Zoning Commission February 5, 2009 - Formal Page 5 it would all be incorporated into the existing one. He assured the Commission that there would be a homeowner's association of some kind to manage the wetlands, the exact nature of which will be determined prior to submitting a final plat. Larry Jewell, 53 Tucson Place, said that while he did not wish to rehash issues that had been addressed he would like to address some of the latest information provided to the Commission. ' Jewell said that traffic delays are not only a problem where Rohret Road intersects with Mormon Trek, but are also a problem at Weber School during school drop off and pick-up times. Jewell suggested that despite engineer ratings for the road, there are issues that need to be addressed. Jewell said that the improvements that will be in the CIP do not alleviate these concerns because the traffic builds up on Rohret Road, not Mormon Trek where the turning lanes are scheduled to be installed. He said that the addition of 170 homes is sure to exacerbate already existing problems. Jewell said he remained concerned about the impact of road improvements to Rohret Road on property owners to the south of the road. He advised serious consideration of the proposal to realign the road to the north to prevent impact on existing properties. He said that based on the history of the area, it is assumed that the southern portion of Rohret Road will be annexed and sidewalks will be installed, putting mature trees to the south at risk in the future. The placement of Lakeshore Drive remains a concern for residents, given the close proximity and the rating of the road. Jewell said that there are multiple options for realigning this road based on the topography, and contended that a less direct route over gentler terrain was possible. Jewell said residents are concerned with the lack of trails and centralized park space. The trail system is currently conceptual with no commitment in place. Jewell said that the property for the proposed park is at the top of the development and will never become centralized because it borders the Poor Farm and an operational farm, neither of which will be developed. Jewell said that a park space centralized along the wetlands would be a better option. Jewell disagreed with the view that the topography did not allow for accessible trails through the wetlands. He said that based on the amount of grading that will be required and the fact that the wetlands will be re-done, the opportunity to provide ADA accessible trails will present itself and will add character to the area. Jewell said that the Comprehensive Plan says that urban density should not occur until public facilities are in place. Jewell said that the public facilities for the area are currently insufficient, noting overcrowded schools, a lack of recreation facilities, lack of timely access to emergency vehicles and fire protection, inadequate streets and a temporary lift station. Jewell said there were concerns about the water pressure that had not been addressed. He noted that the proposed school was an elementary school and did nothing to address overcrowding in the west-side junior high and high school. He said that the Comprehensive Plan clearly states that "the citizens want to preserve the rural character of the far western and southern portion of the district." Jewell said that while planning staff had indicated that this requirement had been met, it was his belief that it had not, as he could not see anything in the plan that met that criteria. He said the fact that property was being developed from east to west was not enough. He asked Staff what in the proposal met the Comprehensive Plan's call for preserving the rural character of the area. Miklo said that when the Comprehensive Plan was written a desire was expressed by the residents not to have "leap frog" development where pockets of development were scattered throughout the area. Miklo said that it was believed that the best way to manage growth was to have it occur next to existing growth. Miklo said that this is how Staff interprets that section of the Plan. He said that if there was a development planned farther to the west that skipped an area, then that would run counter to the Comprehensive Plan. Jewell said he participated in those planning meetings as did a number of other neighbors in the area. He said that the Staff interpretation did not reflect the intent of the citizens who participated in the meetings for the Comprehensive Plan. Jewell said that he was aware that the area would be developed, but that he felt it was important that in doing so, the rural feel of the area was maintained. The density in the proposed plan does not allow for the rural character of the area to be preserved. Planning and Zoning Commission February 5, 2009 - Formal Page 6 Jewell read from the Comprehensive Plan: "A transition between existing rural residential zone RR-1 portions of the southwest estates and future low-density single-family residential development to the west may be accomplished by platting larger RS-5 zoned lots backing onto the existing rural residential lots to the southwest estates." Jewell said that the plots in the proposed plan are less than a quarter of an acre. He said there is no attempt at all to put larger lots there. Jewell said that current zoning for that area is RR-1, questioning the wisdom of jumping down to a quarter-acre sized lot, and whether doing so was in keeping with the Comprehensive Plan. Jewell suggested taking the larger lot sizes which are currently in the northern part of the development and placing them adjacent tothe already-existing large-lot properties. Jewell noted that the current proposal calls for a reduction of the wetland buffer from 100 feet to 25 feet in the southern part of the development. Jewell said this does not help to transition the development into the larger already-existing lots. Jewell shared photographs of his property that showed the results of a hard rain in 2007. Jewell stated that the running water that resulted in his backyard was one to two feet deep. Reducing the wetland buffer, Jewell said, will only increase the already existing problem of excess water and run-off. Jewell asked if a Level-2 Sensitive Areas Review was done for this property. Miklo said that this review was part of what the Commission takes part in and passes along to the City Council; the review consists of the plan that shows the wetland reconstruction and the question of whether to reduce the buffer. Freerks said that the missing hatch marks on the plat that were discussed at the last meeting were a part of this review. Jewell asked who the wetland specialist is that the City has engaged to provide the information for the review. Miklo replied that it was Liz Maas, an independent contractor. Chester Schulte, 1812 Rohret Court, said that he wished to go on record as being opposed to this development. He said the reasons for his opposition were that the lots are too small, and the new Lakeside Drive intersection will be in his front yard, which he does not care for. Freerks told Schulte that the Commission had discussed the intersection at their informal meeting and had been shown photographs of his property. She asked Miklo to describe the findings. Miklo said that in designing a subdivision one of the things Staff makes sure of is that streets do not intersect in front of someone's house; streets must either intersect at another intersection or between houses to avoid the issue of headlights shining onto a property. In this case, Miklo said, the intersection is with another street and there is a lot of vegetation in the front yard to serve as a buffer for the property. Schulte said that neither Maier Avenue nor Phoenix was required to have four-way intersections. Miklo said that the development that resulted in the building of Maier and Phoenix was done several years ago and he was not familiar with the particulars of that development. Sarah Jewell, 53 Tucson Place, expressed disappointment that the issue of the wetland area had not been put to bed after the last time she and her neighbors had come before the Commission. She said that she had thought that an agreement had been reached to respect the wetlands, and she is very disappointed in the proposed decrease in wetland buffer. Jewell said the water is not just a problem at the bottom of their property (the area depicted in the photographs shared by Larry Jewell) but has demonstrated an ability to raise the water table very high very quickly. Jewell said it only makes sense that if the buffer zone is decreased and houses are able to encroach more closely behind their home that there is nowhere for the water to go except onto their property. She said this is her biggest concern with the development. Jewell said she has three teenage boys in the high schools in town. She said that due to overcrowding some of their friends and neighbors are unable to go to the same high school. Jewell said one of her sons would like to have a foreign exchange student but was told that it would not be allowed because there is no room in the schools. She said these issues need to be addressed in order to meet the needs of the residents who are already there. Freerks asked Staff to address the issue of the buffer and how that works. She said her understanding is that it is not as though a home will be built 50 feet from the property line if the buffer is reduced. Miklo Planning and Zoning Commission February 5, 2009 - Formal Page 7 said that there is a jurisdictional wetland in this area. The sensitive areas code requires a 100-foot buffer from the edge of the jurisdictional wetland. The applicant is able to request a reduction of that buffer if certain criteria are met. Miklo said that a few years ago, when this plan was last reviewed, the applicant was requesting a reduction in buffer which did not meet the criteria for consideration of a reduction. Miklo said that in addition to the wetland there is a stream through the area. The application was deferred to allow a redesign that included the full 100-foot buffer to be maintained. Miklo said that because there is no stream corridor associated with the area in question, and no known endangered species in the area, the Commission and the Council can consider reducing the buffer to 25 feet in this case. Plahutnik asked if it was correct that the plan was calling for the wetland area itself plus an additional buffer of 25 feet. Miklo said that was correct. Weitzel asked how calculations for storm-water drainage disposal are made, and if that was a factor in this case. Miklo said that the city's engineers review calculations submitted by the applicant's engineers, looking at them very closely to ensure that they meet city requirements. Dave Tokuhisa, 3305 Rohret Road, said he had no doubt that Rohret Road would grow as the area around it grew. Tokuhisa said that the plan calls for a 100 foot right-of-way, which would be expanded 50 feet in each direction from the center of Rohret Road (although the plat map has it expanding only in the northern direction). Tokuhisa shared a diagram that showed a 66 foot right-of-way on Rohret Road, south of which many large, old hardwood trees currently grow. These trees serve a number of purposes, Tokuhisa said, among which are: beauty and aesthetics, windbreaks, and visual and audio buffer from the road. Tokuhisa said that if Rohret Road is expanded from the current center line a lot of those trees, some of which represent 50-60 years of growth, will disappear. These trees cannot be replaced, and no amount of money can compensate for their loss, Tokuhisa said. Tokuhisa shared a diagram in which the road's center was shifted 17 feet to the north, keeping the southern edge of the right of way at the same position it is in now, thus preserving the trees. Tokuhisa noted that just beyond Rohret Court, Rohret Road begins to make a slight bend to the south. Traveling southwest from Slothower, Rohret Road makes another slight bend. Tokuhisa said that moving the centerline an additional 17 feet would not add any additional bends to the road. He said that soil conditions on the north side would support an expansion of the road. Tokuhisa said that the current road is a two-lane chip-seal road. Tokuhisa explained that chip-seal is a fancy name for a gravel road with a lot of "goo" on top to hold everything together. He said that these roads behave like gravel roads when they get wet or get frost heave. He said that roads in his residential area are embargoed in the spring so that they do not fall apart under heavy truck traffic. Tokuhisa said that generally chip-seal roads are replaced with a hard surface. Shifting the centerline, Tokuhisa said, is a simple matter of local government action (most likely the City Council and the Board of Supervisors acting together). Tokuhisa argued that shifting the centerline may even reduce costs, in that the need to compensate property owners for trees would be eliminated. He contended that the easements existed that would make it possible to shift the centerline without any loss of lots to the developer. Tokuhisa asked why the developer wished to have a berm along the road. He said that as a parent he found berms disconcerting as children and dogs can disappear behind berms and make them difficult for drivers and those supervising them to see. He suggested the elimination of the berm might make an improvement to the neighborhood. Freerks said that the Commission had received Tokuhisa's letter and diagram at the informal meeting. She asked Miklo if he had had a chance to run Tokuhisa's plan by the engineers. Miklo said the engineers pointed out that when the eastern portion of Rohret Road had been improved it had been done without acquiring additional right-of-way to the south. Miklo said that the engineers would continue the same plan of building to the existing 33-foot southern right-of-way for the western portion of Rohret Road. When Rohret Road was built between Phoenix and Mormon Trek Boulevard, most if not all of the trees were able to be saved. In terms of Tokuhisa's design, Miklo said, it would be possible to require more right-of-way or shift the road to take more land from the applicant's property. The difficulty, Miklo said, would be that the cooperation of an additional property owner would be required to shift the road back at the end of the stretch described in Tokuhisa's plan. Planning and Zoning Commission February 5, 2009 - Formal Page 8 Plahutnik asked if Miklo's explanation had cleared things up for Tokuhisa. He explained that the plan is currently to try to rebuild the road without taking more land from the south. Tokuhisa said that it would be nice to get that in writing. Miklo said that the current plat does show the right-of-way as being 100 feet although the applicant does not have control over the southern portion. Miklo said that he did not believe the City would enter into an agreement stating that it would never acquire additional right-of-way because no one knows what the future will hold. Miklo said that it would be possible to require the preliminary plat to show the southern right-of-way at 33-feet rather than the 50-feet on the current drawings prior to the matter going before the City Council. Koppes pointed out that the intention to keep the southern right-of- way at 33 feet would also be reflected in the minutes. Tokuhisa asked if it would be possible to require an additional seven to ten feet north of Rohret to accommodate future growth, such as turn lanes. Miklo said that this is an area where intense growth farther to the west is not anticipated because it is at the edge of where the city can provide sanitary sewer. Eastham asked if it was the case that maintaining a 33 foot right-of-way on the southern side of Rohret Road would not jeopardize any of the trees in question. Miklo said that he could not say that for a fact because the design for the Rohret Road improvements is not actually done, and it is possible that temporary construction easements may be required. Miklo said that he can only relay that farther to the east it was not necessary to have additional right of way or to remove large numbers of trees. Miklo suggested a modification to the preliminary plat reflecting a 33 foot right-of-way to the south and a 50 foot right-of-way to the north. Eastham said that he did not see any advantage at all of requiring an additional 17 foot right-of-way to the north if the center line of the road is not being moved. Miklo said an eight foot walkway will be put in which requires additional right-of-way. Additionally, more room would be provided for street trees on the north side. Kolleen Shield, 3335 Rohret Road, said that her property would be facing an outlet from the subdivision. She said she did not know exactly where the outlet would be placed, but that it would definitely be in her front yard. She said that it was possible that as many as 400 cars per day could be coming straight toward their home. Shield said that there are eight to ten white pine trees that her family planted 20 years ago that would fall within that 33 foot of right-of-way, giving them no buffer for traffic, lights, sound, or wind. Shield said that she is opposed to the development because they purchased their property because of its rural feel. She has always enjoyed living on the edge of the city in a rural setting, and a development of this intensity will negatively impact the rural character of her property. Robert Hegeman, 44 Tucson Place, said he would like to address the traffic capacity of Rohret Road. He acknowledged that Rohret Road probably does have the traffic capacity stated by the engineers, but he said that the capacity was not the problem. The problem, Hegeman said, is the connections between Rohret Road and Melrose Avenue. Any new grade school going in on the west side is irrelevant to what is going on Hegeman said. It is the traffic to West High School back and forth that creates issues. Hegeman said that there is no place between James Avenue and Mormon Trek to get through. Hegeman said there is simply no planning for this area and that important connection. He suspects that whether there is a curve in lakeshore Drive or not, it will by default become a cut-through from Rohret Road to Mormon Trek. Hegeman next addressed drainage issues. He said that there is drainage tile that extends from the face of the dam on his property for an extended length into the developer's property. Hegeman said that the city planners seem to dismiss this tile as if what is done with it does not matter. Hegeman contended that what is done with the tile matters a great deal with respect to water back-up on his property. Hegeman said if the drainage tile runs the full extent of the land it has a drop of 15-20 feet which has a tremendous suction capacity. If instead the water goes to lakeshore Drive and stops, that water will just pool back up. That situation creates a friction between Hegeman and the developer as to whether or not an implied easement exists. Hegeman said that this question needs to be answered more fully. Busard asked for Staff clarification as to whether or not lakeshore Drive will go through the County Poor Farm. Hegeman said that his understanding was that near the Poor Farm, lakeshore would curve into Slothower; the curve, theoretically, would discourage through-traffic. Hegeman said that he did not believe this would be enough to prevent cut-through traffic because there is tremendous pressure for Planning and Zoning Commission February 5, 2009 - Formal Page 9 traffic through that area. Miklo said there will probably be an easUwest street that Lakeshore will''T'' into with Slothower or another road then connecting to Melrose. Miklo said that there will not be a direct, ' straight-line connection between Melrose and Rohret Road, and that he suspected there would be an intersection on the connector street where a full stop would be required. Weitzel asked if it was discussed in the informal meeting that an arterial will later be built in the area to connect Melrose and Rohret. Miklo said that Highway 965, approximately a half-mile to the west of Slothower, was intended to be developed as the arterial. Freerks asked Miklo if he could address the drainage-way issues Hegeman had brought up. Miklo said that he really could not other than to reiterate that the developer would find it acceptable if the water from the drainage way flowed above ground. Hegeman said that if the drainpipe was discontinued at Lakeshore Drive there would not be enough drop for his existing tile to continue to function, placing him in a situation where the water either backs up or the drain tile continues to drain down. Hegeman said that his lot was sold to him by the original owner and he had an easement through that property. Hegeman said the issue was important and that the question must be asked as to how Lakeshore Drive can be built over someone else's implied easement. Linda Dyer, 4115 Rohret Road, said that at the time that the eastern part of Rohret Road was improved she lost no land from her property, but she did lose a big stand of white pine trees that were damaged and died as a result of the construction. Dyer said the speed limit past her house is supposed to be 35 miles per hour. She said that there were many cars and trucks driving the road that travel at least 60 miles per hour. She said that enforcement of speed limits is a definite issue. Freerks asked Greenwood Hektoen for information on how the City deals with damaged trees and whether or not there is a time limit for filing claims. Freerks asked Dyer if she had contacted the City. Dyer said that she had, but that there was no way to actually prove the damage was a result of the construction. She said that she was told by tree experts that the roots were probably severed when the road was stamped flat with heavy machinery. Koppes asked Dyer if she had talked to the police department about the speeding issue. Dyer said that she had called many times. She said the police tend to patrol from the Weber School parking lot, and do not tend to patrol farther west. Freerks said that it was possible for neighborhoods to get speed gauge signs to help raise awareness. Dyer said that this was near the school sometimes. She said that the police tended not to come out during the rush hours when the violations were the worst. Freerks acknowledged that speed is an issue everywhere. Karl Ebert, 3357 Rohret Road, said that he and his wife co-own with his sister a 10-acre parcel of land just past Rohret Court. He said that he intended to build on his lot within the next year. Ebert said that there is no transition between the large lots on the southern portion of Rohret Road and the very small lots in the proposed development. He said that he is not opposed to urban sprawl or development, and was an Iowa City realtor for many years. He said that development is necessary, but that it needs to be done in such a way that the aesthetics of the area are maintained. Ebert said that his property has 300-400 feet of frontage that is lined with evergreen trees. He said that his property would suffer more tree loss than probably any other along the road. If there was only a 15 foot encroachment, Ebert said, he would still lose 20-40 trees. The idea of moving the road to the north makes more sense to him. He said that he realized it cuts into the builder's profits, but he believes that the builder and Commission should take into consideration the large impact the development will have on landowners to the south. He said minimizing the impact on the south side of Rohret Road was only fair. Ebert said he was surprised at the numbers given for Rohret Road's traffic capacity. He said they simply do not make sense. The traffic is a mess, Ebert said, and subject to frequent back-ups. Ebert said there were traffic issues in the area of Weber school at three different times during the day: 8 AM, 3 PM, and 5PM. He suggested a more in-depth study of the situation is warranted in order to get a more realistic sense of what is going on. Planning and Zoning Commission February 5, 2009 - Formal Page 10 Ebert said that the high school kids that would be living in the new development would likely go to City High. Koppes pointed out that the Planning and Zoning Commission had no jurisdiction over the school district's enrollment policies. Ebert said that he understood that, but that it was important to note that those kids would be traveling on Rohret Road, adding even more cars to the road in the morning hours. Freerks asked Staff if it was seven car trips per day that was used to calculate road use. Kuecker confirmed that seven trips per single family household is the figure used in traffic estimations. Freerks asked what time of day the traffic counts are done. Kuecker said that the counts are generally done all day long for several days at a time, and then an average is taken. Miklo said that the seven trips per day estimate is used city-wide for residential neighborhoods and is not particular to this development. Jayne Sandler, 41 Tucson Place, said that she believes change is inevitable and that it is important for this area to grow. At the same time, she thinks the integrity of what already exists should be preserved and expanded upon. Sandler said that there needs to be a transition between the development and the larger properties. At the time that this property was rezoned, the one-acre lot RR-1 designation was found to be the one that provided the most transition for the area from urban to rural. Sandler said that going from a one-acre lot zone to lots with a quarter of an acre was too abrupt. Sandler said that a stream develops at the base of her property on a regular basis in the spring and summer after heavy rains. She said that the water does back up, and that they have a sump pump because they have had water issues during their time at that home. Sandler said that if the buffer is to be 25 feet plus the wetlands, she would like to know what the width of the wetlands is because she is not convinced that water issues will not be exacerbated by the current plan. The infrastructure to the area has not been developed enough to sustain this new development, Sandler said. Sandler said that the temporary lift station and the lack of timely fire protection (the response time for their area is currently over eight minutes) should be factors for consideration. Sandler said that water service for the area is not adequate to support the development, though this is a requirement that is listed in the Comprehensive Plan. Sandler said that she agrees with other residents' comments regarding the improvements to Rohret Road and Mormon Trek. She said the timelines for these improvements are important given the fact that there are already traffic problems now. Sandler said that while she is aware that the City does not have jurisdiction over school development, she thinks it should be pointed out that a new elementary in the Camp Cardinal area will not relieve pressure at Weber School if 170 families are then moved in. Overcrowding at West High and Northwest Junior High will not be resolved by a new elementary school. She would like to know the timelines for this project as well. Sandler said that one of her concerns is that an extended Lakeshore Drive may end up underwater just as Shannon Drive is in the same area in the Walden Hills development. She thinks the topography of that area needs to be reviewed. Freerks asked Staff what the width of the wetlands is in the area Sandler was talking about. Miklo replied that it is approximately 25 feet, and the buffer is an additional 25 feet for a total of 50 feet. Plahutnik asked how big an area of relatively undisturbed wetlands currently existed behind the houses being discussed. Staff did not have the exact measurement. Duane Musser, MMS Consultants, said that the yards along the east side of Lakeshore Drive currently receive a large amount of run-off from the cornfield behind them. Musser said putting in a street curb and gutter will catch the water and run it off so that it does not flood their yards. Musser said that water from the front half of the houses will come out into the street and be collected by the storm-sewer system and the water retention basin. The grass from the yards will also help to decrease the concentration of run-off from a rain event. He said this will also occur on the west side along the Slothower Road right-of-way. Musser said that the developer is very concerned about the tile system coming out of the adjacent property owner's pond. He said they intend to deal with the issue on their construction plans, and the contractor will be dealing with any tiles that are encountered or cut for the benefit of both the neighbor Planning and Zoning Commission February 5, 2009 - Formal Page 11 and the developer. Musser said he was sure that there were state laws that covered such issues and that they would be careful in addressing the matter. Muss~r said that the lift station was not, in fact, temporary, but permanent. He said it was very similar to those In areas of town that do not directly gravity flow into the sanitary sewer system, such as Windsor Ridge. He said the lift station is built to city standards, built to the appropriate size and capacity, and is actually a public improvement that will be conveyed to the city for ownership and maintenance. Eastham asked if Musser had any comments about the city water supply. Musser replied that they have not looked into that but it is his belief that when the two dead ends at Rohret Road and the existing Country Club second addition are connected the flow may actually be increased through that area. Musser said that if the water department is concerned they could go out and do some flow tests, but that he has not seen any issues. Weitzel asked if Musser could speak to the reasoning and professional design standards behind the lot sizes. Musser said the reasoning depended on which lots were being discussed. Musser said he believed Staff had done a very good job of making sure Lakeshore Drive is designed where it is. He said that the developer is trying to hit different price points in the market. The lots to the south of the wetlands are a bit narrower and are a different price point whereas some of the lots that back up to the open space and the park are a little bit larger. Musser said that there was an attempt made to stagger the lot sizes with the phasing of the project. Freerks asked Musser what he thought about Tokuhisa's proposal to move the road to the north slightly. Musser replied that giving up more than a few feet would result in possibly losing a row of lots. Musser said the thing to consider is the design standards for Rohret, and how quick and sharp the turns might be. Musser said that there would be some potential there; but that how the road reconnected with the existing pavement and how that impacted the county property on the other side of Slothower would have to be examined. Musser said he had not discussed the matter with his client but that he imagined the client might expect compensation for an extra ten feet. Miklo said that the right-of-way issues could be a condition of the zoning if the Commission felt there was a public purpose to do so and therefore the City would not have to compensate the developer. Freerks said she was thinking about the concerns expressed by residents for their trees and the rural character of the neighborhood. Larry Jewell, 53 Tucson Place, said that he did not agree with Musser's assertion that the development would actually decrease the water flow. Jewell said that growing corn absorbs a ton of water and that replacing it with properties covered in bluegrass sod will actually result in sheet run-off, making the problem worse. Jewell also wished to mention that there is still a known unresolved issue that has a direct impact on existing neighborhoods and will also impact the development. He said that this issue is the strong odor of methane gas that is coming from the City Landfill. Jewell said the landfill is aware of the problem and is working to establish its cause, but there is a long-term timeframe expected before resolution is found. Jewell said it would be irresponsible to approve any new development that is going to be closer to the landfill when there is a known unresolved issue that could increase liability for the City and taxpayers. Jewell said that it was important to understand that the residents present are not opposed to development, and know that it is going to happen. Jewell said he would suggest that the residents actually embrace change because they have been present throughout these discussions and many were there at the creation of the Southwest District Plan. Jewell said the residents have offered to sit down with the developer and the staff to try to come up with a way to make development work. Jewell said there are examples of this happening in the community. Jewell cited the case of a developer at a recent Planning and Zoning Commission meeting talking about how he had worked with neighbors and neighborhoods in a positive way. Jewell said that this development does not represent positive change, but more of the same: maximizing the number of lots that can be squeezed out of a property. Jewell said neighbors strongly urge that the Commission deny the request for rezoning and the development of the property. Jewell said that based on the issues they had brought up, the neighbors feel that any further requests to develop the property should come with a requirement for the developer Planning and Zoning Commission February 5, 2009 - Formal Page 12 and the planning staff to sit down with the neighbors. Jewell said that while the neighbors accept.t~at development will eventually happen, they want to participate in it, have a say in it, and use the gUiding principles of the Comprehensive Plan. The public hearing was closed at 9:02 p.m. Freerks noted that the limitation period is expiring so the matter would need to come to a vote that evening. She asked for a motion so that the Commission could open discussion. Plahutnik motioned to approve SUB08-0001 O/REZ08-00011 subject to recommendations outlined by Staff and a reflection in the preliminary plat showing the 33 foot right-of-way on the south side of Rohret Road. Weitzel seconded the motion. Eastham said that he begins always with the Comprehensive Plan when considering applications. The Comprehensive Plan Housing Goals and Strategies states that "a well planned neighborhood welcomes all people and includes both owner-occupied and rentals, single-family and multi-family housing." The Plan goes on to state that "the City should adopt policies that encourage the creation of neighborhoods and new developments" which include single and multi-family units. The goals laid out in the Comprehensive Plan's Housing section include providing "housing opportunities for households of all sizes, incomes, ages and special needs; review zoning of undeveloped areas to plan for the development of sustainable and livable neighborhoods." Eastham said that two of the strategies included in the plan to accomplish those goals are: 1) encourage smaller owner-occupied homes on smaller lots, and 2) developing smaller lots with more common open space. The Southwest District Plan for the Weber sub- area states that "the portion of the Country Club Estates property adjacent to Rohret Road may be suitable for clusters of medium-density residential uses such as townhouses or condominiums." Eastham said he did some measurements for the Weber sub-area which is currently zoned for residential, and he defined the sub-area as being the area north of Rohret Road, south of the County Poor Farm, west of Highway 21S, and east of Slothower, and including the area in the present rezoning application. Eastham said that by his estimate this area includes some 300 acres of land. With the current and the requested zoning there would be 600 RS-5 single-family detached lots, 11 RS-1 single-family detached lots, and 12 ODPH-S townhouses on the 300 acres. Eastham said this would make 97% of the total lots single-family detached houses. Eastham said this seemed to be an extravagant use of land to him. Eastham said he believed there was an opportunity present to obtain some smaller-lot development with townhouses and or smaller single-family homes on the portion of this application that is adjacent to Rohret Road. Eastham said that this would mildly increase the number of total lots, and could be done in such a way that the total acreage covered by houses was actually reduced. Eastham said doing this would ultimately alleviate some of the neighbors' concerns. He said that lots to the east of the present alignment of Lakeshore Drive could be eliminated with this plan, and the wetlands could remain intact. Eastham said he has a hard time understanding how he can approve this proposed rezoning considering the Comprehensive Plan and the Weber sub-area plan in its entirety. He has concerns regarding the alignment of Rohret Road, the phasing of this development, the requirement to have City Council approve the improvements to Rohret Road with the next CIP plan, the County vacating Slothower's right-of-way, and the Corps of Engineers approval of the wetland mitigation. Eastham said these were pretty significant requirements that needed to be met prior to the project going forward. Eastham said that he believed the school district has addressed the school capacity issues to the best of their ability. Eastham said he did not understand how he as a Planning and Zoning Commissioner could help the school district resolve the difficulties of dividing students up between the west and east sides of town by looking at this single development. Eastham said he supposed the Commission could look at prohibiting anymore residential development on the west side of town, but he did not think that would be very attractive to most people. Eastham said that for all of these reasons he did not support this application. Weitzel said that one of the primary questions is whether the land use meets the requirements of the Comprehensive Plan. Weitzel said there seems to be a bit of a disagreement about the intent that came out of the neighborhood meetings: was it to keep large lots so that they blend in with the rural area, or Planning and Zoning Commission February 5, 2009 - Formal Page 13 was it to maximize the limited land resources available? Weitzel said he was going back to what the public good is. He said that he did not see how the Commission could deny this much potential growth. Weitzel agreed with Eastham that seeing some denser development would be good, but he is also mindful that there are landscape issues and transportation issues at play. Weitzel said that a balance is being struck with this development as there are different lot sizes, with the developer trying to predict the market. Weitzel said that a lot of consideration has been built into this plan. Weitzel said that there were speed and traffic issues in his neighborhood as well. He said that issues of run-off would be more readily resolvable by individuals than by a Commission or public policy direction. Weitzel said he would be voting in favor of the application. Plahutnik said he was very much in agreement with Eastham regarding the Commission's commitment to mixed housing. However, Plahutnik said, he is just a clerk in a grocery store so he cannot redesign a subdivision for the developer; he has to look at what has been put before him and make a decision based on that. Plahutnik said that while the Comprehensive Plan speaks to preserving the rural nature of the area, the large development of Southwest Estates pretty much put an end to the area's rural character. Plahutnik said that when a large subdivision is put in the middle of a rural area, the rural nature of the area is destroyed, regardless of whether the lots are an acre or two. The Comprehensive Plan clearly states that development should progress in an orderly manner and be attached to previous development. Plahutnik said this application fits that bill. Plahutnik said that his sympathies are with the people on the south side of Rohret. He said that while they bought land in a rural area under county jurisdiction, they are greatly affected by the avarice of Iowa City developers who will develop and maximize their profits to the best of their ability. Plahutnik said that while the developer in this case has done that, he has also fulfilled the stipulations of the zoning code, and shown a willingness to follow the additional recommendations of Staff. Plahutnik said that while the landfill issue is unfortunate, it is really simply a matter of "concern trolling:" bringing up an issue that is not really a concern, but helps to make a pOint. Regarding traffic, Plahutnik said that people will drive on roads. He noted that even high school students will drive on roads. He added that people will also like to live in desirable areas, which often makes it take longer to get to work. He said these are the difficulties of development. Plahutnik said that he hopes that the language of the city engineers is followed through in their development of Rohret Road. Plahutnik urged the public to keep copies of the meeting minutes where the Commission and Staff have reported that the city engineer's have stated that they should be able to improve Rohret Road with only a 33 foot right-of-way to the south. Plahutnik said the Commission could not bind the City into a contract stating that, but that neighbors could follow-up on their own behalves. Plahutnik said that the most solid argument against this application is the wetlands. He said he had to believe in the good faith of the engineers who have done the work on this. He said that, unfortunately, there is an entire body of law regarding run-off and water rights. Plahutnik said that hopefully these issues can be resolved prior to any houses being built. In the big picture, Plahutnik said, he definitely has some concerns. He loves that part of town for its rural nature and does not want to see it further disturbed. However, the landowner has the right to develop the property, so he will be supporting the application. Busard said that he agreed with Plahutnik and Weitzel that the development was in compliance with the Comprehensive Plan. Busard said there really is no rural character out in that area. He said there are a few large lots and then right next to them is a typical subdivision. Busard said he sympathizes with the landowners in the area, but that they do live either within the city of Iowa City or adjacent to it, so they may need to seek out other places in the county to find the rural character they desire. Busard said that he does not fully endorse this type of development and would like to see more clustering and more common open space. He believes that if the applicant would use more clustering in the design Planning and Zoning Commission February 5, 2009 - Formal Page 14 the drainage problems would probably take care of themselves, help to preserve some rural character and address some concerns of neighbors. Busard said that he believed the developer has addressed staff concerns to the best of his ability, and that he will be supporting the application. Koppes said that she was on the Commission the last time this issue came up. Koppes thanked the developer for working with Staff this time around to resolve the buffers around the wetlands; she remembers long discussions on that topic. Koppes said that unfortunately schools are an issue everywhere. Koppes said her daughter went to an east-side school with over 500 kids, and that traffic in and out of there was not fun either. Koppes said that schools are not an issue the Commission can do much about. Koppes said that her daughter has friends that have actually chosen to go to the high school on the side of town opposite from where they are living. Koppes said schools are an interesting problem, and not one for which she has a solution. Koppes said that having a development package with mixed-sized lots is good and will get different groups of people to come and live in the area. Koppes said that while everyone would probably like to live on a large one-acre lot, people also understand that not everyone can or should. Koppes said she would support this application. Freerks said there has been a lot of good discussion and conversation and that it is important to note the large amount of public participation that has taken place in this process. Freerks said that the Commission has heard the questions and comments of neighbors and really has tried to follow-through on their concerns. They have tried to decide if this is the best thing to do with this piece of land. Freerks said she thought it probably could be done a little better, and that she would like to see more clustering, smaller lots, and larger green spaces and open areas. Freerks said she believes the developer has probably done research and feels that the current plan is one they can sell. It is, ultimately, the developer's land. Freerks said she has to go back to the Comprehensive Plan and she does think this development fits with it. Freerks said that she thinks it is good for the neighbors to look ahead and not wait until people are coming with equipment to express their concerns about the expansion of the road. Freerks advised residents to go to the City Council and make Council aware of their concerns. Freerks acknowledged that a big part of the rural character lies in the trees and the environment they create. She said she would like to see that maintained and not done away with on behalf of sidewalks. Freerks cautioned the, nonetheless, as development moves out, the City has to make sure that amenities are extended as well. Freerks said that the lots are fairly large for RS-5, even though they may not seem like it to the owners of larger properties. Freerks said she wished the Commission could have better conversation with the school district, and that she understands residents' concerns on that front. Freerks said she had focused a lot on concerns she had about drainage issues and that she has to believe that the engineers have done their work here. She hopes that it is true that the development will truly ease the drainage problems. Freerks said she intended to vote in favor of the application. She urged neighbors to go before the City Council to share their concerns if they have not been alleviated. A vote was taken and the application was approved on a 5-1 vote (Eastham voting no; Payne absent). Planning and Zoning Commission February 5, 2009 - Formal Page 15 COUNTY REZONING ITEMS: CZ09-00001: Discussion of an application submitted by Michael Furman for a rezoning of 40 acres from County Agriculture (A) to County Residential (R) zone located at 3051 Buchmayer Bend NE. Walz informed the Commission that the applicant had requested a deferral until the March 5, 2009 meeting. Busard said he would be abstaining from both county rezoning items on the agenda because he works for county zoning in his professional capacity. Busard then left the meeting. Weitzel moved to defer application CZ09-00002 until the March 5, 2009 meeting. Koppes seconded. The motion carried 5-0 (Busard abstaining; Payne absent). CZ09-00002: Discussion of an application submitted by Richard Wonick for a rezoning of 39.80 acres from County Agriculture (A) to County Residential (R) zone located east of Buchmayer Bend NE and west of Hwy 1 NE. Walz noted that she had submitted an updated concept plan to the Commission indicating 39.80 acres to be rezoned, rather than the 39.92 acres listed on the agenda. Walz said she would not go into the plan in detail. She noted that it was for 19 lots a little over an acre each in size. Walz said that this area is in the area covered by the Fringe Area Agreement which: discourages development areas that conflict with the Johnson County land-use plan; protects public health by requiring developers to meet or exceed minimum standards for water and waste systems; and encourages cluster development that preserves large tracts of open space including environmentally sensitive and farmland compact development that requires less infrastructure. Walz noted that there is quite a bit of development to the east of Highway 1 in this area, but not much development between Highway 1 and Newport Road. Walz said that a new land use map is being proposed by the County that takes Buchmayer Bend out of the development zone. Walz said that the regulations in the Fringe Area Agreement also indicate that R zoning will be considered if the submitted concept plan shows a minimum of 50% of the property designated as open space or agriculture. Walz said this concept plan does not show that, and, as a result, Staff is not recommending approval. Walz said that the property is currently mostly an agricultural use, and rezoning it appears inconsistent both with the proposed map change and the County's stated goal of preserving agricultural land. Walz said that because this property is located outside of the Iowa City growth boundary it is most appropriate for the County to determine if the proposed zoning is consistent with County land use policy. Walz said that if the Commission choses to recommend rezoning, Staff would recommend that Buchmayer Bend be improved to meet the County Road Performance Standards and that the applicant address storm-water retention, as well as ownership and management of the outlot. Miklo pointed out that the outlot is just under the required 50% in this case. The public hearing was opened at 9:39 p.m. Duane Musser, MMS Consultants, represented the applicant. Musser said that the current land use plan for the county does have this area in phase one of the growth area; this is the plan from which the applicant is working. Musser said that while there is a plan under consideration, MMS Consultants has several clients that are very interested in this plan change and who do not want to see significant changes to the current plan. Planning and Zoning Commission February 5, 2009 - Formal Page 16 Musser said there are 18 proposed lots and an out-lot. The County does consider the green space in the private street right-of-way between the lot-line and the pavement surface as calculable green space. Taking that into account, the 50% threshold is met. Musser said that the applicant will also have to meet the 50% when the project goes to the platting stage with the County. Musser said that while they may appear to be splitting hairs, they have every intention of meeting the 50% requirement. Musser said the applicant is aware of the need for improvements to Buchmayer Bend and is working on a three-way agreement with adjacent property owners to improve Buchmayer Bend. Musser noted that the cluster design was difficult to do in this case based on state regulations governing community well systems and septic systems. Miklo pointed out that regardless of the County's interpretation of what consists of open space, the Fringe Area Agreement states that the outlot shall be a minimum of 50% of the subdivision. The public hearing was closed at 9:39 p.m. Plahutnik motioned to recommend that the County deny rezoning for application CZ09-00002. Eastham seconded. Plahutnik said that not even taking into account that the County may be in the process of changing their allowable area for development, the Commission can recommend denial based on the fact that the out-lot is not 50% of the land. He said that for him, the decision to deny the application is easy. Koppes said that she did not think the Commission knew for sure what the County would do with its land use map so she is not comfortable using that for a consideration. Plahutnik said that that is why he said he was not taking it into account. Koppes asked Miklo for clarification on the 50% issue. Miklo said that the Fringe Area Agreement clearly states that the City will consider its zoning in this area if a minimum of 50% of the subdivision area is in an outlot. Miklo said that in this case, 50% of the subdivision may be green space, but it is not in an outlot. Koppes asked what the percentage was for the outlot. Walz said that the outlot is 47% currently. Koppes said that she could recommend not approving the application for that reason, but did not want to put potential changes to the land use map in her reasoning. Koppes said she does believe Buchmayer Bend needs improvement. Several Commissioners indicated agreement with that sentiment. Koppes said she agrees with the motion. Miklo asked for clarification from the Commission, asking if they were saying that the application should be denied, but if it was approved then improvements to Buchmayer Bend should be a condition of approval. The Commission indicated that this was the case. Freerks asked for a vote. The motion to deny the rezoning carried 5-0 (Busard abstaining; Payne absent). CONSIDERATION OF MEETING MINUTES: January 13 & January 15.2009: Eastham motioned to accept the minutes. Koppes seconded. The minutes were approved on a vote of 6-0. Planning and Zoning Commission February 5, 2009 - Formal Page 17 OTHER: Freerks noted that it was time to start thinking about the election of officers. Miklo passed around a booklet explaining that the City of Iowa City received an award from the federal APA for smart growth based on the Senior Center and its efforts to improve active aging and the new subdivision codes and its encouragement of more walk-able, compact neighborhoods. This is a national award that will be presented at the February 10th City Council meeting. ADJOURNMENT: Eastham motioned to adjourn. Koppes seconded. The meeting was adjourned on a 5-0 vote at 9:45 p.m. c o '0 .le E E o o'E ClO c CJ .- CD So:: NCD~ oesgo ClC'ClN c"C .- C C CD c::: .!!<c Q. .a- U C'Cl ~ .2 ~ >< >< >< >< w >< >< N <5 It) w .... >< >< >< <5 >< >< >< - .... rJl E ~ ..... ..... 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