HomeMy WebLinkAbout12-02-2010 Planning and Zoning Commission
PLANNING AND ZONING COMMISSION
Monday, November 29,2010 - 6:00 PM
Informal Meeting
Iowa City City Hall
Lobby Conference Room
410 E. Washington Street
Thursday, December 2, 2010 - 7:00 PM
Formal Meeting
Iowa City City Hall
Emma J. Harvat Hall
410 E. Washington Street
AGENDA:
A. Call to Order
B. Public Discussion of Any Item Not on the Agenda
C. Rezoning I Development Item
REZ10-00016/ SUB10-00013: Discussion of an application submitted by TNT Land Development LLC
for a rezoning from Low Density Single-Family (RS-5) zone to Medium Density Single-Family (RM-12)
zone for 2.84 acres and a preliminary plat for Terra Verde, a 22-lot, 12.48-acre residential subdivision
located at NW corner of Muscatine Avenue and Scott Boulevard.
D. Code Amendment
REZ10-00017: Discussion of an application submitted by Billion Motors for a request to amend the
Zoning Code to allow taller signs in the CI-1 zone near Interstate Highways.
E. Consideration of Meeting Minutes: November 15 and November 18, 2010
F. Other
G. Adjournment
Informal
Formal
To: Planning & Zoning Commission
Item: REZ1 0-00016 and SUB10-00013
Terra Verde
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
STAFF REPORT
Prepared by: Christina Kuecker
Date: December 2,2010
TNT Land Development LLC
2779 Muddy Creek Lane
Coralville, IA 52241
Terry Lavery
(319)325-7074
Rezone 2.84 acres from RS-5 Low Density Single
Family Residential to RM-1 2 Low Density Multi
Family Residential and a subdivision of 1 2.48
acres
Development of Terra Verde subdivision,
including 19 lots of detached single family units
and 3 lots for multi-family units
Northwest corner of Muscatine Avenue and Scott
Boulevard
1 2.48 acres
RS-5 Undeveloped
North:
South:
East:
West:
Ralston Creek, P1 & RS-5
Single family. RS-5
Single family and Scott Park, RS-5 & P1
Single family, RS-5
Draft Southeast Planning District Plan shows
multi-family at the corner of Muscatine Ave and
Scott Boulevard and single family on the rest of
the area.
Iowa City Comprehensive Plan - map shows
single family but Neighborhood Design Concept
supports multi-family at intersections of arterial
streets.
SE-1 Court Hill/Lucas
November 12, 2010
2
45 Day Limitation Period:
December 27,2010
SPECIAL INFORMATION:
Public Utilities:
The area is currently served by Public Utilities
Public Services:
This area is currently served by the Eastside Loop
transit route
BACKGROUND INFORMATION:
The land under consideration is currently being used as farmland and is currently zoned Low
Density Single Family Residential (RS-5). The applicant, TNT Land Development LLC, is
requesting approval for a rezoning of 2.84 acres at the corner of Muscatine Avenue and
Scott Boulevard to Low Density Multi-Family Residential (RM-12). The applicant is also
requesting approval for the preliminary plat of a 19-1ot detached single family and 3-lot
multi-family residential subdivision with three outlots.
The applicant has indicated that they have used the "Good Neighbor Policy" and have had
discussions with neighborhood representatives. The applicant notified the City that the
Good Neighbor meeting was held on November 22 at Lucas Elementary.
ANAL YSIS:
Zoning and the Comprehensive Plan: The current zoning of the property allows for low-
density single-family lots with a minimum lot size of 8,000 square feet. The proposed
rezoning of the 2.84 acres at the corner of Muscatine Avenue and Scott Boulevard would
allow for low-density multi family development.
The subdivision is comprised of 19 detached single family lots, 3 multi-family lots, and 3
outlots accessed off of Muscatine Avenue via Terrence Lane, the sole street in the
subdivision. The applicant has indicated that the multi-family lots would consist of
approximately 23 townhouse style units. .Outlots B & C will be deeded to the neighboring
property owners, while Outlot A is to be used as storm water management and will be
maintained by the homeowners association.
The proposed rezoning and subdivision are located within the Southeast Planning District.
The District Plan for the Southeast Planning District is in the process of being written and is
currently in its draft phase. It is expected that the draft will be presented to the Planning
and Zoning Commission soon. In the draft plan the area near the intersection of Muscatine
Avenue and Scott Boulevard is shown to be appropriate for multi-family residential, with the
rest of the subject property being shown as single family. The reason land uses are shown
in this manner in the Southeast District Plan is due to the Neighborhood Design Concepts of
the citywide Comprehensive Plan (Pages 21-25) that indicate that intersections of collector
and arterial streets are appropriate for multi-family zoning and that these buildings should be
of a similar height and appearance to the surrounding single-family homes. In general, multi-
family zoning is encouraged by the Comprehensive Plan where it has access to arterial
streets and city services such as transit and parks. The proposed rezoning meets this
criteria and staff believes that it complies with the Comprehensive Plan.
Subdivision Design: All lots meet the minimum lot dimensions required by zoning.
Terrence Lane has been designed to the local street standards, with a 60' right of way,
3
26' pavement width, and 5' sidewalks on each side. Pedestrian trails connect this
subdivision to the trail system.
The multi-family properties will not be allowed direct access onto Muscatine Avenue or
Scott Boulevard and additionally must be set back a minimum of 40' from the property
line along Muscatine Avenue and Scott Boulevard. The fronts of the buildings are required
to face the abutting streets and the parking must be located behind the buildings.
Compatibility with neighborhood: The surrounding neighborhoods consist of
predominately single-family homes. On the southeast corner of Muscatine Avenue and
Scott Boulevard there is a planned development with multi-family buildings and a medical
office. In staff's opinion, the proposed development is compatible with the surrounding
neighborhood. The location of the multi-family is appropriate given its access to the
arterial streets.
The developer has submitted a concept plan and building design for the multi-family lots.
The site plan shows 4 off street parking spaces for each of the proposed 23 units (two
within each garage and two in each driveway. In addition to the spaces belonging to each
unit, the concept plan includes a landscape island within the common driveway located in
the center of the multi-family development where additional parking spaces can be
provided. The extra parking provided by the plan is important, because no parking is
allowed on Muscatine Avenue or Scott Boulevard and parking will be permitted on only
one side of Terrance Lane.
In staff's opinion, the building designs are of a scale and detail that is appropriate for the
area. Staff recommends that a Conditional Zoning Agreement (CZA) be established that
requires substantial compliance with the submitted concept plan and building design in
order to ensure compatibility with the neighborhood and adequate off street parking for
the multi-family units. If at a later date the developer wishes to substantially change the
design of the buildings or the site, staff recommends that the changes be subject to
review by the Staff Design Review Committee for compatibility with the neighborhood.
Environmentally Sensitive Areas: Ralston creek does run to the north of this property, but
the stream corridor and flood hazard areas are located on city owned property, not on this
property. There may be hydric soils on the property. If this is the case, the houses on
lots with hydric soils will have to be constructed with sump pumps and more stringent
construction safeguards will be required for any parts of the street that coincides with
hydric soils. At the time of final plat approval these requirements will need to be
addressed in the legal papers.
Traffic, access, and street design: The proposed subdivision is accessed from Muscatine
Avenue via Terrence Lane, the sole street in the subdivision. Terrence Lane has been
designed as a loop street that extends to the property line so it can serve the property to
the south when it develops. A temporary turn around is being provided on lots 5 and 6
until such time as the street is extended. The multi-family lots will be served by a private
drive accessed off Terrence Lane, with no direct access to Muscatine Avenue or Scott
Boulevard.
Additional right of way on Muscatine Avenue is being dedicated in order to facilitate future
expansion of the intersection and installation of a traffic signal in the future.
4
Currently no sidewalks exist on the north side of Muscatine between Juniper Drive and
Scott Boulevard. The rezoning to Multi-Family will increase the need for this sidewalk
connection. The developer has agreed to install a 5' wide sidewalk along this entire
frontage within the right-of-way. Staff recommends that the installation of the sidewalk
be a requirement of the CZA and that the sidewalk be installed concurrently with the
construction of Terrence Lane. Additionally the sidewalk along Terrence Lane adjacent to
3330 Muscatine Avenue should be installed when Terrence Lane is built.
The subdivision includes a trail extension from Terrence Lane to Scott Boulevard on the
north side of Lots 21 and 22. A trail extension also extends from Terrence Lane to the
northern property line on Outlot A between lots 14 and 15. This trail extension will
provide residents of this subdivision access to the open space along Ralston Creek and it
could connect with the Court Hill Trail in the future.
Neighborhood parkland or fees in lieu of: The proposed subdivision does not have any land
set aside as neighborhood parkland. The applicant will be required to pay fees in lieu of .39
acres of parkland (.21 acres for the RS-5 zone and .18 acres for the RM-1 2 zone). This
subdivision will be sent to the Parks and Recreation Commission for review, but the Parks
and Recreation staff has indicated that the fees in lieu of parkland is preferred for this
property.
Storm water management: Storm water management is being provided for on Outlot A.
Infrastructure fees: Water main extension fee of $395 per acre is required.
A revised preliminary plat was submitted on November 24 and will need to be reviewed
for compliance with the zoning and subdivision regulations. Any deficiencies or
discrepancies will need to be corrected prior the Commission's vote.
STAFF RECOMMENDATION:
Provided that any deficiencies and discrepancies identified on the revised plat are corrected,
staff recommends that REZ10-00016, a rezoning of approximately 2.84 acres located at
the northwest corner of Muscatine Avenue and Scott Boulevard from RS-5 to RM-12 and
SUB10-00013, a preliminary plat of Terra Verde, a 22-lot, approximately 12.48-acre
residential subdivision located at the northwest corner of Muscatine Avenue and Scott
Boulevard be approved with the following conditions:
. The sidewalk on the north side of Muscatine Avenue being extended from Juniper
Drive to Scott Boulevard
. The sidewalk on the north side of Muscatine Avenue and along Terrence Lane
adjacent to 3330 Muscatine Avenue being installed concurrently to the
construction of Terrence Lane
. The multi-family buildings being substantially compliant with the submitted site
plan and building design. If the developer wishes to change the design, the new
design must be approved by the Staff Design Review Committee.
DEFICIENCIES AND DISCREPANCIES:
As note above the revised plat will need to be reviewed for compliance with City Codes, and
any deficiencies and discrepancies will need to be corrected.
5
ATTACHMENTS:
1. Location Map
2. Preliminary plat
3. Concept plan and elevations
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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City of Iowa City
MEMORANDUM
Date: December 2, 2010
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
RE: REZ1 0-00017 - Request to amend the Zoning Code to allow taller signs in
the CI-1 Zone near Interstate Highways
Background
Billion Motors has submitted a request to amend the Zoning Code to allow taller
signs on property in the Intensive Commercial (CI-1) Zone. Such an amendment
would allow them to change the sign face on the existing nonconforming 50-foot
freestanding sign located on their property at 2641 Mormon Trek Boulevard near
the Highway 218 interchange with Highway 1.
As you may recall the Billion Motors property was recently rezoned from Highway
Commercial (CH-1) Zone to CI-1 in order to expand the car dealership on the
property. Car dealerships are considered "Outdoor Storage and Display-
Oriented Retail Uses," which are not an allowed use in the CH-1 Zone. By
rezoning the property to CI-1 , the car dealership is now a permitted use and is
allowed to expand. However, the existing 50-foot sign became nonconforming
when the property was rezoned because freestanding signs are only allowed to
exceed the 25-foot height limit and the sign face size limit if they are located in a
CH-1 Zone within 1000 feet of an interstate highway right-of-way.
Analysis
The purpose of the Highway Commercial Zone is to permit uses such as
restaurants, motels, gas stations, and other motor vehicle services in locations
that are convenient to highway travelers. Each CH-1 zoned property located
within 1000 feet of an interstate highway right-of-way is allowed to have one
freestanding sign that is up to 65 feet in height and up to 250 square feet per sign
face, so that the sign is more readily visible to highway travelers in need of such
services. In comparison, freestanding signs in the CI-1 and Community
Commercial (CC-2) Zones are not allowed to exceed 25 feet in height. The only
other commercial zone that allows freestanding signs is the Central Business
Service (CB-2) Zone, where the height cannot exceed 20 feet.
When the applicant's property was rezoned to CI-1, the existing 50-foot
freestanding sign became nonconforming. Lawfully established signs that
become nonconforming due to a change in the zoning are allowed to remain in
use. However, other than for routine maintenance, any nonconforming sign that
is changed or altered in any way must be brought into conformance with the sign
Page 2
regulations, including the height limitations. Understandably, the applicant wants
to change out the sign face on their sign to reflect the change in dealership. The
applicant cites the cost of replacing the sign and the fact that they invested in the
property assuming they would be able to continue to use the existing sign
structure as reasons to allow replacement of the sign face on the existing sign
structure. .
The applicant suggests amending the code to allow taller signs in the CI-1 Zone.
In contrast to the Highway Commercial Zone, the Intensive Commercial Zone
has a much broader range of uses allowed, many of which do not provide
highway-related services. As illustrated on the attached zoning map, there are
numerous CI-1 zoned properties located near the Highway 218 / Highway 1
interchange. Staff is concerned that opening the door to taller highway signs in
the CI-1 Zone, even if limited to properties within 1000 feet of an interstate right-
of-way, will lead to a confusing and unsightly clutter of tall signs near this
interchange, many of which will not be advertising services intended for travelers.
As an alternative, staff suggests a more limited amendment to the nonconforming
sign provisions that would allow changes to the sign face on existing
nonconforming freestanding signs that exceed height and sign face size
limitations. Such an amendment would acknowledge the larger investment that is
made to construct taller and/or larger signs and allow them to be re-used as long
as the sign is in good condition, the property is still zoned commercial, and if
located close the airport, the sign has not been deemed a hazard to air
navigation by the FAA.
The only remaining properties zoned CH-1 are located along the northern edge
of the city near the Interstate 80 interchange with Highway 1 (see attached map).
Currently, there are only a few tall highway signs in existence. Given the limited
number of properties and signs that would be affected by this amendment, staff
finds the code amendment outlined below to be a more appropriate solution to
the problem posed by the applicant than allowing taller signs on all CI-1 zoned
properties as suggested by the applicant.
Recommendation
Staff recommends that paragraph 14-4E-8C-3 of the zoning code be amended as
indicated on the following page. The underlined text is the suggested new language and
strike-through notation indicates text that will be deleted. All other language in the
subject code section will remain unchanged.
Page 3
c. Nonconforming Signs
It is the intent of these provisions that nonconforming signs be eliminated over
time as set forth below:
1. All lawfully established signs that become nonconforming due to a change in
zoning or a change in the development regulations are permitted to remain as
nonconforming signs.
2. The owner of a nonconforming sign is required to maintain the sign in such a
manner as to avoid it becoming a hazardous sign.
3. Other than for routine maintenance, if a nonconforming sign is changed or
altered in any way it must be brought into compliance with the provisions of
Article 14-58, Sign Regulations, with the following exceptions:
a. However, Nonconforming signs that are deemed historic, signs for a
historic structure and signs on structures in a Historic Preservation
Overlay Zone may qualify for a special exception as described in
paragraph 4, below.
b. The sign face may be changed or replaced on an existing nonconforming
freestandinq siqn located on property within 1000 feet of an interstate
highwav right-of-wav that was allowed to exceed the 25 foot height limit
and/or the allowable siqn area at the time it was constructed, provided
the siqn meets all of the following criteria:
(1) The sign is located on property that is zoned commercial;
(2) The sign is not a hazardous sign, as defined in this Title: and
(3) If the sign is located in an area subject to requlation due to its
proximity to the Iowa City Municipal Airport, a determination of "no
hazard to air naviqation" has been received from the FAA.
ATTACHMENTS:
1. Application materials
2. Map of zoning designations that surround the Highway 218/ Highway 1 interchange and
the Interstate 80/ Highway 1 interchange
Approved by:
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Robert Miklo, Senior Planner,
Department of Planning and Community Development
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November 12, 2010
Karen Howard
Iowa City Planning and Zoning Commlsion
410 E. Washington St.
Iowa City, IA 52240
RE: Pylon Sign Ordinance Amendment
Dear Karen.
We are submitting this application for rezoning on behalf of Jim Price from Billion Hawkeye. Billion
Hmvkeye is requesting an amendment to the current ordinance which does not allow tall higl1\vay signage
in CI-I lones. My client believes this amendment is warranted because this sign is existing. The sign
was previously approved by the [owa City zoning and permitting depmtments and is now in question
because the property was re-platted.
We are submitting the following documents as required with the application for rezoning.
*Legal Description
*Location Map and the property owners within 300'-0 of the property
* A pplicant fee of $455.00
* A pplicants Statement (noted above).
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Should you require any additional items, please let me know.
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Sincerely,
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Nathan Herbst
President
1000 West 2911. Street, Ste. 21SA I South Sioux City, NE 687761 Phone: 402.412.3550 I fllx: 402.412.3552