HomeMy WebLinkAbout02-17-2011 Planning and Zoning Commission
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PLANNING AND ZONING COMMISSION
Thursday, February 17, 2011 - 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. Comprehensive Plan Item
Public hearing to amend the Comprehensive Plan to adopt the Southeast District Plan for property
generally located south of Court Street, east of Sycamore Street & First Avenue, north of Highway 6
and west of the city's eastern growth boundary.
D. Annexation I Rezoning Item
ANN11-00001/REZ11-00004: Discussion of an application submitted by ILJ Investments for
annexation and rezoning from County Agricultural (A) zone to Intensive Commercial (CI-1) zone for
approximately 12.65 acres of property located on the north side of Mormon Trek Blvd, northeast of
its intersection with Dane Road.
E. Rezoning I Development Item
REZ10-00018/SUB10-00017: Discussion of an application submitted by Arlington Development, Inc
for a rezoning from Neighborhood Commercial (CN-1) to Mixed Use (MU) zone and Planned
Development Overlay Low Density Multi-Family (OPD/RM-12) zone and preliminary plat for Windsor
Ridge Part 22, a 2-lot, 5.51 acre subdivision located at Taft Avenue and Court Street.
(45-Day Limitation Period: March 11, 2011)
F. Consideration of Meeting Minutes: January 20, January 31 and February 3,
2011
G. Other
H. Adjournment
Informal
Formal
City of Iowa City
MEMORANDUM
Date: February 11, 2011
From:
Planning and ~~1g com~ission
Karen Howar~
Southeast District Plan - public review draft
To:
RE:
Enclosed please find a copy of the public review draft of the Southeast District Plan. Per our
discussion of the draft plan at your informal meeting on January 20, we have incorporated the
changes and corrections that you requested. These include:
. Adding a table of contents;
. Adjusting details on the Southeast District Plan Map and the Concept Plan for the
Eastside Growth Area so that these maps are consistent;
. Incorporating additional language on p. 55, under the heading, "Complete Streets," to
address the concern about the current lack of sidewalks along the east side of Scott
Boulevard where the manufactured housing parks front on that arterial street.
. Incorporating the "medium/high density single family & townhouse" designation on the
plan map and eastside growth area concept plan map where Wellington Drive extends
across the manufactured housing park to indicate that some redevelopment or
adjustments to lot layout may be necessary to achieve street connectivity between the
manufactured housing park and new neighborhoods that develop to the east;
. The asterisks that were used to indicate possible future school sites on the plan map and
the eastside growth area concept plan have been replaced with a symbol that more
clearly represents a school building;
. Goall.c, on p. 15 of the Housing and Neighborhood Quality Section has been changed
from "Encourage redevelopment of substandard multi-family housing," to "Encourage
imorovement or redevelopment of substandard multi-family housing,"
. Clarifying the language on p. 12 to reduce any confusion about the appropriate use of
PIN grants.
We recognize that you may want to make additional changes based on the discussion at the
public hearing on Thursday. If only minor adjustments are needed, you may choose to approve
the plan with the noted changes. However, if more significant revisions are necessary or
additional public discussion is warranted you may choose to defer action to your next formal
meeting.
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CITY OF IOWA CITY
MEMORANDUM
Date:
February 11, 2011
From:
Iowa City Planning and Zoning Commission
Lorin Ditzler, Planning Intern
To:
Re:
ANN 11-00001 /REZ11-00004 Meadowlark Hill
ANN11-00001 /REZ11-00004, a rezoning and annexation of 12.65 acres of land on the
northeast corner of Mormon Trek Boulevard and Dane Road, was presented at the February 3
meeting of the Planning and Zoning commission. Members of the public and commission
brought forth several questions regarding lighting and noise restrictions. These questions are
recorded below, along with answers drawn from city codes. The area being annexed and
rezoned has been increased to include the right-of-way of Mormon Trek Boulevard.
Question 1:
What are the height restrictions on lighting when it is near a residential zone?
Staff is recommending that all lighting on this property be limited to 30 feet. Standard height
limitations on lighting near a residential zone are detailed below, as outlined in section 14-5G-
4A of the code:
A. Height Limitations
1. Light fixtures located within 300 feet of a Residential Zone must be mounted no higher
than 25 feet above grade.
2. Light fixtures further than 300 feet from the Residential zone must be no higher than 35
feet above grade.
Question 2:
What are the regulations on light trespass?
Section 14-5G-4C of the code outlines regulations on the use of flood lights, illumination levels
at the property line, and the location and shielding of lights (see below). Limitations on
illumination at the property line apply only when the adjacent property is zoned Residential, CN-
1 or CO-1 .
C. Light Trespass
1. Except for lighting of loading areas, service areas, and for architectural emphasis,
floodlighting is prohibited. Floodlights are not permitted for the illumination of parking or
outdoor product display areas.
2. Floodlights, when permitted.. .must be aimed no higher than 45 degrees from vertical.
3. Lighting fixtures must be located and shielded such that the bulb is not directly visible
from any adjacent residentially-zone property or public right-of-way.
4. Illumination must not exceed. 5 initial horizontal footcandles and 2.0 initial maximum
footcandles as measured at any point along a property boundary that is adjacent to or
across the street from properties that are zoned Residential, CN-1, or CO-1.
6. Light fixtures used to illuminate flags, statues, or objects mounted on a pole or pedestal
must use a narrow cone of light that does not extend beyond the illuminated object.
Question 3:
Are there hours of the day during which lights must be dimmer?
February 11, 2011
Page 2
If lighting exceeds the maximum total illumination typically allowed by the zoning code, there are
limits on the times of day those lights may be used (Section 14-5G-7). Lighting for outdoor
display lots, such as car lots, often exceeds the maximum total illumination as outlined in the
code, but may still be approved if:
1. The plan does not exceed illumination levels specified by the Illuminating Engineering
Society of North America; and
2. Lighting that exceeds the code standards must be turned off at 11 p.m. or within
30 minutes after close of business, whichever is later. After this time, lighting must
comply with typical standards.
Note: Maximum total output (illumination) is 200,000 lumens per acre for the CI-1 zone.
Maximum total output for the CO-1 zone (the zoning requested by neighboring property owners
at the Feb. 3 hearing) is 100,000 lumens per acre. (Section 14-5G-5)
Question 4:
What noise restrictions will there be on this property?
Noise restrictions for all city property are outlined in section 6-4 of the city code (relevant
sections copied below). A permit is required for the use of sound equipment that would be
audible across residential property lines. If used for commercial advertising purposes, sound
equipment that would be audible on a public street or public space is prohibited. Outdoor
loading noise that creates a disturbance across a residential property line is prohibited between
the hours of 10 p.m. and 6 a.m.
Section 6-4-4
A 1. Permit Requirements:
a. No person shall use, operate or cause to be used or operated any radio, record player, tape
deck or player, loudspeaker, amplifier, sound truck or other device for producing, reproducing or
amplifying sound, hereinafter referred to as "sound equipment", upon the public streets or in any
building or upon any premises, public or private, if the sound there from is plainly audible across
a residential real property boundary from any public street or public place within the city, unless
said person:
(1) First obtains a permit in accordance with this section;
(2) Complies with the conditions imposed by the permit, including the maximum
permitted sound level shown therein; and
(3) Complies with all other applicable provisions of this section.
B. Use Of Equipment For Commercial Advertising Prohibited: No sound equipment shall be
permitted to be used on public streets or public places or in any building or upon any
premises if the sound will be plainly audible from any public street or public place within the
city, when any such use is for commercial advertising purposes or for the purpose of
attracting the attention of the public to any building or structure for monetary gain. (1978
Code S24.4-6; amd. 1994 Code)
Section 6-4-3
A. Nighttime And Morning Noise:
1. No person shall so load, unload, open, close or handle boxes, crates, containers,
building materials, garbage cans or similar objects outdoors between the hours of ten
o'clock (10:00) P.M. and six o'clock (6:00) AM. the following morning as to create a
noise disturbance across the property line of residentially zoned property.
2. No person shall unload or handle garbage dumpsters or similar objects outdoors
between the hours often o'clock (10:00) P.M. and seven o'clock (7:00) AM. the
following morning as to create a noise disturbance across the property line of
residentially zoned property.
To: Planning & Zoning Commission
Item: REZ1 0-00018/SUB1 0-00017
Windsor Ridge Pt 22
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:
45 Day Limitation Period:
SPECIAL INFORMATION:
Public Utilities:
STAFF REPORT
Prepared by: Christina Kuecker, Associate Planner
Date: February 17, 2011
Arlington Development Inc
1486 S 1st Ave, Unit A
Iowa City, IA 52240
John Moreland
319-338-8058
Rezoning from CN-1 to OPD/RM-12 for 2.17
acres and from CN-1 to MU for 3.34 acres and a
subdivision of 5.51 acres
Allow for a mixed use development on Lot 1 and
24 townhouse style units on Lot 2.
Taft Avenue and Court Street
5.51 acres
Neighborhood Commercial (CN-1)
North:
South:
East:
West:
Low Density Multi Family (RM-12)
Planned Development Overlay (OPD-8)
County Undeveloped
Low Density Single Family Residential
(RS-5)
Citywide Comprehensive Plan: Neighborhood
Commercial
Draft Southeast Planning District: Shown as a
mixed use neighborhood center
Windsor Ridge (SE-3)
January 25, 2011
March 11, 2011
Sanitary Sewer can be extended from previous
2
development in the area
Public Services:
The City will provide Police and Fire protection
and refuse and recycling collection services. Two
Transit routes serve this area including Eastside
Express with stops on Huntington Drive and
Court Street, and Eastside Loop with stops on
Arlington Drive and Court Street
BACKGROUND INFORMATION:
This property was rezoned to Neighborhood Commercial (CN-1) in 1995 with a Conditional
Zoning Agreement that required the development of a "Town Square" and for the site plans
to be approved by the Director of Planning and Community Development. The applicant has
dedicated the "Town Square" to the Parks and Recreation Department and has built the
housing on the south and west sides of the square. The applicant believes that the amount
of commercial provided for in the original CN-1 zoning is not supportable in this market. The
applicant has requested rezoning the eastern side of the square to Low Density Multi-Family
(RM-12) with a Planned Development Overlay.
An application to rezone the northern side of the square to Mixed Use has also been
submitted, but is not ready for consideration by the Planning and Zoning Commission. The
applicant believes that there is a market for additional residential in this area and that the
RM-12 and Mixed Use zoning will provide the flexibility needed in the market, while still
providing an appropriate frontage around the park.
When this area was originally rezoned, Court Street needed to be constructed and none of
the development could proceed until Court Street provided access to the area. An
understanding was worked out between the City Council and the developer to move the
Court Street construction up in the Capital Improvement Program (CIP) budget. In
exchange, the Council required a Town Square type development with a Main Street
Commercial type of feel.
The applicant has indicated that they have used the "Good Neighbor Policy" and have had a
neighborhood meeting.
ANALYSIS:
Zoning and the Comprehensive Plan
The zoning is currently Neighborhood Commercial (CN-1). The uses allowed in the CN-1
zone include small-scale retail and personal service uses in a neighborhood shopping area.
The applicant is proposing to rezone the 2.17 acres on Lot 2 of the proposed subdivision the
east side of the open space to Planned Development Overlay Low Density Multi-Family
Residential Zone (OPD/RM-1 2). The OPD/RM-12 allows for low-density multi-family
residential buildings, in this case townhouse style units.
Both the Draft Southeast District Plan and the Iowa City Comprehensive Plan show this
area as a mixed-use neighborhood center. A Preliminary Planned Development Plat has
been submitted showing four, six unit townhouse style units with garages in the back.
An application has been submitted to rezone Lot 1 of the proposed subdivision to Mixed
Use. Staff is working with the applicant to develop a site plan for the Mixed Use area.
We believe that the application will be ready to be considered by the Planning and Zoning
Commission soon.
3
Subdivision Design and Compatibility with the Neighborhood
The applicant has submitted a Planned Development Plan and building elevations for the
townhouse style units. The buildings have been designed to give the residents views to
the park, with second floor balconies and outdoor areas. A masonry wall and gateway are
present on the south elevation in order to screen the alley from view of the residences on
the south. The first floor elevation has been raised and landscaping has been provided in
order to provide privacy for the townhouse style units.
The area to the south of the park is currently a townhouse style development that
presents its front to the park. In Staff's opinion, the proposed townhouse style units on
the east side of the park will also present a nice front onto the park. The applicant is
showing parallel parking located in the City park. The Parks and Recreation Department
has determined that this is acceptable, provided the homeowners association is
responsible for the snow removal and maintenance of these spaces and any trees that
must be removed to allow for the installation of the parking spaces be replaced in the
park.
As stated above, the applicant has submitted an application for Mixed Use zoning on Lot 1
of the proposed subdivision. Staff believes that the combination of Mixed Use and the
RM-12 zoning will provide the "Town Square" development originally proposed in 1995,
but also allow for flexibility of the spaces to respond to the market. The Mixed Use zone
requires the ground floor to be built to commercial standards, but the space can be used
as either commercial or residential. The Mixed Use parcel will also need to address the
street frontage along the park.
The applicant is requesting variations to the standard RM-1 2 zoning through the Planned
Development Overlay rezoning. The required RM-1 2 front setback is 20'. Along Raleigh
Lane the buildings are setback approximately 6' from the sideway and 18' from the edge
of the private street pavement. All other setbacks conform to the RM-12 requirements.
The townhouse units along Taft Avenue have been set back 40' and additional
landscaping is being proposed to help buffer the units from the traffic.
Environmentally Sensitive Areas
There are no environmentally sensitive areas on this site.
Traffic, access, and street design
This portion of Windsor Ridge is accessed via private streets (Cardigan Lane and Raleigh
Lane) from Huntington Drive. Sidewalks are provided along all streets. The vehicular
access to the townhouse style units is provided by a rear alley.
Currently Taft Avenue is a chip seal road at this location and its upgrade is not yet
included in the CIP. As a requirement of the Subdivision Code, the applicant/owner is
required to share the proportional cost of improvements of the portions of Taft Avenue
that is adjacent to the subdivision. Because the subdivision is located on only one side of
the street, this amount is equal to 12.5% of the total cost of improvements to the portion
of Taft Avenue (an arterial street) that abuts the property. Currently a 20' construction
easement exists along Taft Avenue to accommodate the improvements. The plantings in
this area will need to be timed with the construction of Taft Avenue.
4
Neighborhood parkland or fees in lieu of
The applicant is required to provide 0.14 acres of parkland or the associated fees in lieu of
dedication. The commercially zoned land did not have a neighborhood parkland requirement,
thus the rezoning to residential triggers the requirement for neighborhood parkland. Parks
and Recreation has indicated that they would prefer not to accept additional land in this
location and would rather receive the fees in lieu of dedication.
Storm water management
Storm water detention was provided for in the larger subdivision and is not required in this
location, but the development must manage water runoff to not create any problems in the
water shed.
Infrastructure fees
Water main extension fee of $395 per acre is required.
STAFF RECOMMENDATION:
Staff recommends that REZ1 0-00018, rezoning of approximately 2.17 acres located at
the south west corner of Taft Avenue and Scott Boulevard from Neighborhood
Commercial (CN-1) to Planned Development Overlay Low Density Multi-Family (OPD-
RM 12) and SUB 10-00017, a preliminary plat of Windsor Ridge, Part 22, a 2-lot,
approximately 5. 51-acre subdivision, located at Taft Avenue and Court Street, be
approved subject to the following conditions:
. compliance with the submitted building elevations
. payment of the fair share of the improvements to Taft Avenue (12,5%)
. The maintenance and construction of the parking spaces within the City park being
the responsibility of the developer and Homeowner's Association
. The replacement of any trees removed in the City park due to the construction of
the parking spaces
Staff recommends that REZ1 0-00018, rezoning approximately 3.34 acres located at the
southwest corner of Taft Avenue and Scott Boulevard from Neighborhood Commercial
(CN-1) to Mixed Use (MU) be deferred
DEFICIENCIES AND DISCREPANCIES:
A revised site plan was submitted on February 10 and is currently being reviewed by the
City Engineer. Any deficiencies or discrepancies identified will need to be corrected.
ATTACHMENTS:
1. Location Map
2, Building elevations
3. Site Plan
4. Landscaping Plan
5. Preliminary plat
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Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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PLANNING AND ZONING COMMISSION
JANUARY 20, 2011 - 6:00 PM - WORK SESSION
CITY HALL, EMMA HARVAT HALL
PRELIMINARY
MEMBERS PRESENT:
Ann Freerks, Josh Busard, Charlie Eastham, Elizabeth Koppes,
Michelle Payne, Wally Plahutnik, Tim Weitzel
MEMBERS ABSENT:
None
STAFF PRESENT:
Bob Miklo, Karen Howard, Sara Greenwood Hektoen,
OTHERS PRESENT:
None
RECOMMENDATIONS TO CITY COUNCIL:
None,
CALL TO ORDER:
The meeting was called to order at 6:00 PM.
REVIEW AND DISCUSSION OF DRAFT SOUTHEAST DISTRICT PLAN
Miklo presented a map of the districts in the Comprehensive Plan, Miklo explained that there
were not many areas of the city for which a district plan had not yet been completed, He said
that the Northwest District consists of a lot of University property and the Camp Cardinal area,
and it does not yet have a district plan, He explained that most of the North Corridor is out of the
City's jurisdiction at this point. Downtown has a policy plan that was adopted by the City
Council in the late 1990s, but does not have a district plan other than the general
Comprehensive Plan, Miklo said that they are hoping to update the Comprehensive Plan over
the next couple of years.
Miklo said that the goal of this evening's review is to make sure that there is nothing glaring that
staff has missed before the plan is released to the public for comment.
Howard explained that staff had done two large workshops and held focus groups over the
summer, prior to drafting the plan, She noted that the Southeast District contains most of the
industrial land in the city; therefore, this is the only district plan that has a focus on industrial
development. She said there is also quite a bit of undeveloped farmland in the growth areas of
the Southeast District. Howard said that the plan is divided into six areas: Housing and
Neighborhood Quality, Eastside Growth Area, Commercial Development, Industrial Employment
Area, Parks, Trails and Open Space, and Streets and Transportation.
Planning and Zoning Commission
January 20, 2010 - Formal
Page 2 of 11
Housinq and Neiqhborhood Quality:
The district was divided into a number of different neighborhoods, The Court Hill Neighborhood
is mostly developed and includes the northern portion of Towncrest. Ralston Creek is a main
feature of the area. There is a lot of east and west circulation in the neighborhood, but only a
few north-south connections due to the creek, The Court Hill Trail was mentioned by many at
the workshop as being a very popular feature of the neighborhood.
The Towncrest Neighborhood has a lot of commercial development and big institutional uses
that are regional draws, as well as some modest residential housing, Howard said people had
mentioned that their quality of life was being affected by the deterioration of the Towncrest area,
particularly by the poor maintenance of the multi-family properties in that neighborhood, Howard
said that in the long-term, as the area redevelops, there may be some new housing
opportunities,
Village Green has a unique neighborhood design with an unusual traffic flow. The northern half
is mostly single family and the southern half has evolved into a duplex/condominium regime,
Howard said there is still some development to be done in the southern portion, and noted that
the City's Single Family New Construction Project has some new homes going into that area.
Eastham asked if there was a topographical reason that the street pattern was approved in the
way it was. Miklo said that the entire area was a planned community and that the street pattern
had been deliberate. He said that the idea was for each cul-de-sac to have its own open space
and green area with a connecting trail system. Howard said that people from that neighborhood
said that they would like to have a better plan in place for how to use those greens, though
Howard noted that the greens are private space governed by individual homeowner's
associations so the City has little say in how they are managed. She said there is no formal
neighborhood association in the area and forming one might help them to coalesce around the
idea of better uses of the greens, Howard said that the original design idea had been an
interesting one but the vision had not come to complete fruition. Howard noted that in general
people seemed to enjoy living in that neighborhood and enjoy their homes there, Payne noted
that the green across from her house is quite spacious. Howard noted that another issue with
the neighborhood was that there is not much of a buffer between the residential and the
industrial area to the south,
Windsor Neighborhood has also developed in phases, The neighborhood was a leap-frog
development, which has created some problems for it. One of the issues is that it is difficult for
pedestrians or bicyclists to get from this neighborhood to other neighborhoods to the west
because American Legion Road has not been improved. Howard said that a function of leap-
frogging over undeveloped land is that it is very expensive to improve large stretches of arterial
streets, Howard said that the neighborhood has lobbied the Council to move the improvements
to American Legion Road to the top of its list. She said that as neighborhoods fill in to the west
there will be more opportunities for travel connections. Miklo said that the City made a
conscious effort in the early 1990s to annex this area and encourage development. He said that
at the time there were only one or two property owners who owned most of the developable
land in town, To encourage more variety in the housing market, the Windsor Neighborhood was
annexed even though the leap-frog development ran counter to City development policies.
Howard explained that there were still a few small pockets in the neighborhood that remain
under County jurisdiction,
Eastside Growth Area:
Howard said that a consultant had done a concept plan for the area, which staff modified after
Planning and Zoning Commission
January 20, 2010 - Formal
Page 3 of 11
receiving public and property-owner input. The City plans industrial zoning for properties to the
south, She said that they were cognizant that a better buffer between residential and industrial
would be needed for future developments. Howard said that some tentative school sites had
been marked, though they had not yet been discussed with the school district. Almost all of the
elementary schools on the east side are at capacity so a new school will be necessary at some
point in the future,
Howard said the continuation of the trail deeper into the neighborhood was a topic of discussion,
as was the manufactured housing park, Howard said that there is a small section on
redevelopment possibilities for that area. She said that street connections serving the southern
residential areas might be a good idea in the future.
Howard noted that there is a small employment area that could serve as a buffer between
residential and industrial uses at some point in the future, She said there are a number of
zoning options for the area, Busard asked how intense of a commercial use staff was thinking
about and Miklo said that they were not anticipating a retail component, but more of an office
park/service environment. Howard said that the idea of a commercial planned development is
kind of an interesting one, She said that they do not wish to have diluted retail commercial
areas, Eastham asked how the focus group responded to that idea, Howard said that everyone
wants to have some sort of commercial area near where they live, She said there were ranges
of responses, She said that the reality is that the market would likely not support a large
commercial retail operation on the outskirts of town. Eastham asked why that particular site was
chosen and Howard said to provide the transition from industrial to residential that had been
discussed, Howard said there might even be opportunities for light manufacturing. There's been
an idea put forth to provide some sort of local foods incubator in the area. Miklo said that staff is
very intentionally calling it an employment center rather than a retail center,
Commercial Development:
There are a number of commercial areas: Sycamore Mall, First Avenue Commercial Corridor,
Towncrest and then some smaller commercial nooks,
Howard explained that there is a mix of different types of commercial activity. She said that
there was a lot of support expressed for Sycamore Mall, but that there was also concern about
whether or not it could maintain its current trends. The commercial development along the First
Avenue Corridor is not cohesive and is kind of a hodge-podge of businesses, It is not really
conducive to pedestrian traffic, Improving the area by forming a business association or doing
some streetscape planning could be a possibility in the future. Howard said that businesses
survive best when there is some sort of residential housing nearby. She said it was possible that
in the future some of the area could redevelop into multi-family housing since Kirkwood and Oral
B are so close by, and that might stabilize the commercial area. Eastham pointed out that there
was some residential multi-family housing near Eastdale Plaza, and Howard said that it was not
very conducive to the commercial area, Eastham asked where the concerns for Sycamore Mall
were coming from: mall owners? businesses in the mall? Howard said they were expressed in
the workshop by residents of the area. Payne said that she had the sense that people wanted to
find a way to support the mall so that it does not leave the area. Howard said that retail has a
pattern of updating formats every so often and the mall owner is not local so there may be some
market forces at play that make it difficult for the mall to stay current. Miklo said that what they
anticipate is some sort of Towncrest initiative for this area,
Howard explained that the Towncrest urban renewal initiative area that the Commission recently
approved actually extends beyond the boundaries of the Southeast District Plan, Most of the
Planning and Zoning Commission
January 20,2010 - Formal
Page 4 of 11
discussions on Towncrest at the public forums concerned encouraging reinvestment in the area
off of Muscatine, improving traffic circulation and pedestrian access. The short-term goal is to
revitalize and establish a new image and identity for the area and to improve traffic circulation.
Howard said that the long-term goal is to establish mixed-use buildings in the area as it is
redeveloped and new structures are built.
Howard said that there is a small cluster of commercial properties along Scott Boulevard, such
as the Eastside Recycling Center, that are associated with the nearby industrial. She noted that
the traffic levels there are not ideal for retail. Freerks asked if the area was zoned retail when
the Fareway store went in. Miklo explained that the Intensive Commercial zone was amended to
allow grocery stores in that zone prior to the establishment of the Fareway store. It has since
been rezoned to Community Commercial (CC2),
The last commercial area is the corner of Taft Street and Court Street. Howard said that when
the nearby property was subdivided the idea was that the commercial area would be a sort of
town square for the nearby residential. Howard said that as the commercial area is on the edge
of the city there has not been a huge demand for it.
Industrial Employment Areas:
Howard noted that the area surrounding Kirkwood is all intended for industrial development.
Further east, there is also a new area for industrial development that the City recently annexed.
Howard said that the City wants to make sure and preserve these areas for industrial uses since
there is limited land available and appropriate for industrial development in the city. She noted
that industrial areas often take longer to develop and require larger parcels to attract new
companies, She explained that this is one of the reasons that the City recently purchased and
annexed the industrial zone off of Scott Boulevard: often times a developer would not want to
wait that long to be able to develop their property, Howard said that reserving land near the
railroad line and arterial connections is always a good idea when trying to attract industrial
development. She said that in the future, as the area develops, Taft Avenue will be improved to
provide another truck route to Interstate 80. She said green businesses and site designs will be
encouraged for the area,
Parks. Trails and Open Spaces:
Howard shared a map of existing and proposed private and public parks in the area,
Discussions at the workshop centered on Mercer Park as a kind of community center that
should be expanded to house things like library drop-offs or even a library branch. She said
patrons would like to see enhanced meeting facilities and other amenities for Mercer, as well as
destination-type upgrades to the playground. She said Mercer is centrally located and the
equipment is rather outdated, Miklo said the branch/drop-off idea had been run by the library
director,
Howard said that a number of people did not even know Court Hill Park was there until the
recent trail expansion went through it and increased the visibility and access to the park.
Howard said there is a desire to connect the trail to Court Street, thereby further increasing
visibility and access, Howard said that there was some concern that the amenities the park
offers are not consistent with its location and features. For example, Howard said the very large
picnic shelters are a little strange since there is no parking or car access to the area,
Howard said that Scott Park serves largely as storm-water management and flood management
for Ralston Creek, She said this limits the number of amenities and trees it is practical to have
there, since it is a storm-water basin. There are planned improvements for the trail link that goes
Planning and Zoning Commission
January 20, 2010 - Formal
Page 5 of 11
through Scott Park, Howard said that the idea is that as new neighborhoods develop to the east,
the City will need to make sure that street design is consistent with good park visibility and
access.
Windsor Ridge Park serves more as a neighborhood park than a regional park as a number of
properties back up to it, limiting access, She said that people in the neighborhood love it, but
there is not a lot of visibility for the public other than a short stretch along American Legion
Road, Trail connections could help with this,
Howard said that there was a proposal for a new park along Snyder Creek; this is the area she
had previously mentioned when discussion the local foods incubator idea, She said this park
would largely function as a buffer between residential and industrial.
Streets and Transportation:
Howard said there are planned street improvements in the Southeast District. She said the very
top issue in this district is the construction of a railroad overpass to alleviate traffic congestion
on First Avenue, Miklo said that some outside funding for that project had been secured but that
local funding was still necessary. Howard said that the overpass is planned and in the works.
Eastham asked what the second most talked about issue was for the area and Howard said she
would say that it was Towncrest. Eastham clarified that he had meant specifically in regards to
streets and transportation. Miklo said he did not think there was another big issue for streets.
Payne said that speed, parking and safety concerns about Wayne Avenue had been mentioned,
Miklo said that improvements to Taft and American Legion Road had been mentioned. Howard
said that the long-term goal is to improve Taft Avenue to alleviate truck traffic on Scott
Boulevard,
Howard said there are planned improvements for Muscatine Avenue and for 420th Street. She
noted that the intersection of Scott and Muscatine has met the warrants for a traffic signal, so
that is on the radar,
Howard said that trails and bicycle links are a big topic. She said there is a lot of discussion
about trying to create an eastside loop trail so that the completed trail system continues to build
and maintain connections between neighborhoods,
Howard said that in regard to public transit she believes that people generally appreciate the
buses, though there is some desire for loop routes that would provide access to eastside
locations without going through a downtown hub, She said that there was some discussion of
improved information and signage. She said that Transit did just implement their "Next Bus
Software" so that people with cell phones can track how many minutes until the next bus
arrives.
Howard said that staff would like the Commission to set a public hearing that would allow for
enough time to release a draft to the public and promote it through press release and the
website. The idea would be to then have a hearing and incorporate comments before sending it
on to City Council.
Howard offered to take questions and comments.
Eastham said that he had a few concerns at this juncture. He noted that the maps on page 19
and page 61 do not quite jive in terms of features and their legends. Eastham said that he
Planning and Zoning Commission
January 20, 2010 - Formal
Page 6 of 11
realized his comments may be nit-picking but that the maps should match when the final
document was produced,
Eastham said that he thought there should be a wide sidewalk on the east side of Scott
Boulevard for the area south of American Legion Road. He said there are approximately 500
houses in that area. He said that at present there is no sidewalk at all. Howard said it was
important to make sure that the plan map included what they wanted in the future as it would be
used as a guide, Eastham said that if there is going to be a traffic signal at the intersection of
American Legion and Scott then there should also be planned pedestrian access, Howard said
that the policy of the City is to have an eight-foot sidewalk on one side of an arterial street and a
five-foot sidewalk on the other, She said that this would have to be reviewed by Transportation,
Eastham said that the width of the sidewalk is not an issue for him; the issue is having a
sidewalk there at all. Miklo said that the intention would be to have at least a five-foot sidewalk,
Howard said that the difficulty is that because the area is in the County and is already
developed, when and if it is annexed by the City there will have to be taxpayer expenditures to
get the sidewalks in, Howard said that staff would include comments about this in the section
concerning missing sidewalk links.
Busard requested a table of contents for the document and staff said that one is planned.
Howard said that the final version will also be of better print-quality and will include a couple of
missing maps,
Eastham said that one of the difficulties he had with the plan right now are the two residential
streets running through the manufactured housing park, Eastham said that he drove through the
area and found that there are residences right up to the edge of the street. He said he would
have to think long and hard about planning for a collector street there as it would require
dislocation, He said he understands the rationale for doing it but he thinks it needs to be
carefully considered. Miklo said that staff's thought was that that area might redevelop at a
higher density, Howard said that what needs to be avoided is having the neighborhood become
an isolated one, She said that the way it developed in the County, with no sidewalks and very
little street connection, did not provide for the kinds of connections the City likes to see between
neighborhoods. She said rather than attempting to buffer the surrounding neighborhood from
the mobile home park, staff would like to see it become a more integral part of the
neighborhood, She said that it is a plan for the future, and there needs to be come connection,
Miklo said that at present it is almost a full mile with no connections, Howard said that the plan
is for future redevelopment; she said that the idea is not that the City is going to make these
things happen somehow, rather to have a plan in place for the future. Eastham said that that
needs to be clearly communicated,
Howard noted that everything in the east-side growth area is prime farm land. She said that the
City is not planning on going in and developing that farm land; rather, the City is putting in a plan
for the area based on some future point and time when the property owners themselves might
choose to sell or develop their land, Miklo said that this is also a long-term plan, looking 20 or 30
years down the road to when that neighborhood might wish to redevelop, Eastham asked if it
would be possible to shift the multi-family residences currently shown near Wellington further up
Scott toward American Legion Road. Miklo noted that for long term planning it is helpful to
remember that manufactured housing has a shorter lifespan than typical housing developments.
Howard said that it is a balancing of interests, as there is a great need for a collector street
there, Howard said that there is absolutely no east/west connection through Windsor Ridge, no
way to go east and west. Howard said that we are sometimes very short-sighted about providing
the kinds of links necessary to make neighborhoods truly connected, She noted that developers
tend to only be interested in providing streets for their particular subdivision and it is up to the
Planning and Zoning Commission
January 20, 2010 - Formal
Page 7 of 11
City to make sure that the necessary connections are in place. Howard said that the only right of
way that has been preserved to make those connections possible is through the manufactured
housing park, Payne said that she did like the idea of showing that area as higher-density
housing like that along Wintergreen. Howard noted that there is explanatory text that goes along
with the map.
Koppes asked about the "Future Urban Development" denoted on page 51, as she did not see
that in the text of the plan. Miklo said that it was a kind of place-marker designation because by
the time that area is developing, a new plan should probably have been done, Howard said that
the text of the plan says that the east-side growth area should be developed in a manner
consistent with the development on the other side of the street. Koppes said that her confusion
stemmed from the fact that page 5 lists the area as residential. The area is actually
undeveloped agriculture, Miklo explained, apologizing for the confusion stemming from poor
print-quality on the maps, Eastham said that one of his comments was going to be that the two
shades of yellow are difficult to distinguish. Freerks said the same was true for the two shades
of green, but that she was sure that would improve with the final draft. Miklo asked if there was
consensus from the Commission on showing the Wellington extension as townhouse-type
residential. Eastham said he would like to hear the public comments and give it more
consideration, Four commissioners indicated that they would prefer to make the change at this
time and then change it back if comments/discussions went in that direction.
Busard asked if it would be possible to indicate a school by using a school symbol rather than a
star on the map on page 19, Howard said that was possible. Busard asked if the school district
had provided any input on this plan, Howard said that she had been part of the redistricting
committee and that it had been acknowledged by the school board and the committee that
something needed to happen to relieve capacity issues on the east side of town. Howard said
that for some reason the district had let go of two identified school sites on the east side: one in
the Windsor Ridge neighborhood and one in the south district. Freerks said there is interest in
using existing facilities before building new ones, but that it is good to have some identified
sites, Busard said that he thinks schools are an integral part of a neighborhood. He said he lives
by Lemme and it is just a gathering place for everybody, He said he wanted to make sure
adequate thought was given to schools as gathering sites in future planning, Howard said that
both Lemme and Lucas are at capacity, so if large residential development occurs in that area
there will be need for another school. Howard said that the City has always supported
neighborhood schools, and that input from workshops indicates that the public does too.
Howard said that more references had been made to schools in this plan because the City
wants to be able to go into meetings with the school district and explain what it is the public and
the neighborhood supports in that area. Freerks said that these types of discussions sometimes
make people hyperventilate, but that planning involves indicating where things might occur in
the future. She asked how staff felt about running that part of the plan by the school district,
since it was not solid in any way and was merely a concept: the concept of neighborhood
schools, Freerks said it could also be communicated as a footnote that this was merely a
concept. Howard said that there is pretty regular contact between the City and the school district
and once a year there is an extended discussion of where and how development is taking place
in the city, Freerks said that there could be just a small additional note explaining that this is not
set in stone as a location for a school. Miklo said that there is text to that effect in the plan
already, Freerks suggested attaching that text to the actual map. Miklo said that the idea is that
the entire map is conceptual; none of it is set in stone. Payne said she understood Freerks'
concerns but she was not sure there needed to be more disclaimers attached to the plan,
Busard said that the greater concern for him was whether or not the school district is on board
with it. Howard said that the process is usually that the City tells the district where development
is occurring and the school district incorporates that into their enrollment projections; therefore,
Planning and Zoning Commission
January 20, 2010 - Formal
Page 8 of 11
such discussions do not generally take place until the reality is a little more imminent. Miklo
noted that Jeff Davidson does meet with the superintendent, and has done so recently,
Busard asked if the plan should be a little more specific concerning the City's redevelopment
policies, Miklo said that staff's view was that the redevelopment policies were made clear in the
various parts of the plan. Busard said that as it stands concepts like "green" and "higher density"
were not really spelled out, but that he was also open to leaving them a little vague. Eastham
said that he had a related question, He said that general areas were shown for multi-family and
single-family homes but that it was difficult to know what mix of housing this concept plan would
eventually result in. He said that he would like to see the Commission be a little more specific in
their housing-type designations, rather than simply saying that multi-family housing should occur
along collector streets. Freerks said that every situation is different and she did not think this
plan was the place to make designations of that specificity. Miklo said that staff used the
principals governing the current Comprehensive Plan, He noted that they would be updating
that plan soon, and perhaps that would be the time to have that discussion, Freerks said that
any given area is not necessarily conducive to the same mix of housing to an area of the same
size: there are topographical, traffic, market and other concerns at play, Eastham said that
market was indeed an interesting factor. Payne noted that the Commission did not have to
approve a development plan if it did not comply with the Comprehensive Plan, Howard said that
she understood that lot of people would focus on the maps in the plan; however, she noted that
there is a lot of text in the plan and she would encourage anyone who has not done so to read
it. She said that the plan does have a lot of discussion about sustainable development and how
to create higher density, compact development. Howard said that one of the things about the
workshops and public hearings is that the City is able to relay the fact that higher densities
provide the demand for greater amenities in an area, Howard noted that all of the single-family
residential zones also allow for duplexes,
Eastham said that he has had a number of conversations with community members that are
convinced that the City is intent on removing all of the multi-family housing in the Towncrest
area and redeveloping it with high-priced single family housing in order to drive out low-income
residents in that area. Eastham said that he did not think that was the City's intent, but it was
definitely a community perception, He said that he would like to work on some kind of language
that makes it clear that residential redevelopment does not necessarily mean displacement of
current residents. Koppes asked why that should be included in the plan, saying that
redevelopment did not come with guarantees. Eastham acknowledged that plans do not
guarantee anything either; however, plans can offer assurances that the intention of the City is
not displacement. Koppes said that if an individual property owner decided to sell, that was not
the City's prerogative, Eastham said that the City can indicate that displacement is not its goal.
Koppes pointed out that there is little difference between a plan that calls for higher-density
residential where Modern Manor is currently located and the kinds of recommendations made
for the Towncrest area. Freerks said that she did not see a way to say what Eastham wants
said. Howard said that staff can look at the language in the Housing and Towncrest section to
make sure that the ideas they were attempting to relay were coming through. Howard said that
staff had attempted to convey that the way the Towncrest properties were developed was not
safe or conducive to the residents that are there now. Freerks and Eastham said that came
through very clearly, Howard said that the idea is to create a better, safer environment for
residential while also opening up new opportunities for higher density residential. Koppes asked
if the City would not be opening itself up to litigation if it were to include language such as
Eastham suggested and a developer then decided to initiate widespread displacements.
Weitzel said that the concern would be less one of litigation and more about creating false
impressions, Eastham said that he was attempting to avoid false impressions. Weitzel said that
the language does not say that the City intends to gentrify the neighborhood any more than it
Planning and Zoning Commission
January 20,2010 - Formal
Page 9 of 11
says that it does not wish to encourage displacement. Eastham said that his reading of the
language of the goal statements for the Towncrest area could certainly lend the impression that
the City intended to gentrify the area, and directed the commissioners to passages on pages 35
and 15, Freerks said that her reading of that seems like a generic statement to her and that it
required no more clarification or specificity than anything else in the plan. Weitzel said that
declining conditions do need to be addressed because the City does not want to promote the
idea that the only affordable housing is that which is in decline. Weitzel said there will always be
some level of misconception but if the Commission tries to chase down every instance of it they
will find themselves embroiled in a public relations campaign. Weitzel asked if Eastham believed
the goal to be displacement. Eastham replied that the conversation he had heard so far did not
preclude any goal, including displacement. Freerks said she thought that the plan was very
careful in its goals. Busard noted that the goals include reference to encouraging a mix of
housing options for "households of all types and income levels." Eastham said he was
interested to see what public comment was offered on the matter. Weitzel said that at the end of
Oakland Street there was a large factory, and everyone in the neighborhood had the perception
that it would eventually become a public open space. Weitzel said that when it did not in fact
become an open space, everyone was very annoyed, but there had never been a guarantee of
any kind offered that it would become open space, Weitzel said that if the Commission says that
they intend for "X" and "Y" to happen, and then what actually occurs is "Z," then that is worse
than if the Commission had said nothing on the subject at all. Freerks said that there are so
many factors in play that it is impossible to pin that down. Howard said that ultimately, the
principles are there to give guidance and the Planning and Zoning Commission and the City
Council will ultimately approve or deny any specific application that comes before them,
Greenwood Hektoen said that there were other goals and other language contained within the
plan that would mitigate any perception that the City intended to encourage the displacement of
low-income residents, Eastham suggested that those sections could be emphasized. Freerks
noted that the conversations Eastham was having were with people who had not actually had
access to the plan to read it. Payne said that from going to the workshops her impression is that
there are just as many people who wish to see something done with the area as there is who
wish to keep it the same, Eastham said that he understood that but those people were not living
in those units, Payne said that they owned property and lived by the units and so should also
have some say,
Plahutnik noted that the City does own the industrial area and could encourage, LEED-certified,
green development there, Busard said that was sort of what he was trying to get at with his
earlier comments, Miklo said that on page 40 the plan encourages "green" but does not specify
LEED-certified development. Howard said she does not really know how LEED applies to
industrial buildings and noted that not everyone thinks LEED is the "end-all-be-all" for green.
Howard said that keeping it more generic may be more useful and conducive to development.
She noted that there is a whole section on it. Koppes noted that she would like to see that
included in the over-arching Comprehensive Plan, Miklo said that was one of the goals of the
revision,
Freerks noted the section concerning Village Green includes language about PIN-grants for the
open spaces. She said that her impression is that the City discourages the use of PIN-grants for
non-public spaces, and as such, should probably not include that language in the plan. She said
she thinks the language is a little bit misleading, Howard said that she would look into it.
Eastham asked how staff went about determining the size of the green buffer area to the east of
the industrial zone, Miklo said that there was nothing scientific; it had basically been about
topography and distance,
Planning and Zoning Commission
January 20,2010 - Formal
Page 10 of 11
Freerks said the plan was well put together, and she thanked staff for their work on it.
OTHER:
Eastham asked Greenwood Hektoen if it is currently prohibited to carry a weapon on city
property, and specifically, in the Civic Center. Greenwood Hektoen said that it is currently not
prohibited, Eastham said that he would like the Commission to consider asking the City Council
to act to prohibit that. Freerks said that she did not feel that was a matter for the Planning and
Zoning Commission's consideration. He said that it may not be a planning matter, but to him it
was a personal-safety issue. Freerks said she was not interested in pursuing that. Miklo asked
Greenwood Hektoen if the Council was already studying that issue and she replied that they
were. Freerks said she was not concerned about it as an issue, Eastham said that he was,
Weitzel said that the City Council is probably more concerned about the issue than the
Commission is, Miklo noted that it would not be inappropriate for Eastham to write a letter to
Council outlining his concerns. Payne said that even at public places like MidAmerican Energy it
is against the law to put up a sign preventing firearms from being carried on the property
because people now have that right. Miklo said that he was not sure that was actually the case.
Payne said that that was the way their legal counsel interpreted the law, Greenwood Hektoen
said that private property owners can restrict the carrying of guns on their premises, Plahutnik
said that gun-holders are not a protected class; the question is does one person's second
amendment right trump another's right to determine how they wish to do business,
ADJOURNMENT:
The work session was adjourned at 7:32 p.m.
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PLANNING AND ZONING COMMISSION
JANUARY 31, 2011 - 6:00 PM - WORK SESSION
CITY HALL, EMMA HARVAT HALL
PRELIMINARY
MEMBERS PRESENT:
Ann Freerks, Josh Busard, Charlie Eastham, Michelle Payne, Tim
Weitzel
MEMBERS ABSENT:
Elizabeth Koppes, Wally Plahutnik
STAFF PRESENT:
Bob Miklo, Sara Greenwood Hektoen,
OTHERS PRESENT:
None
RECOMMENDATIONS TO CITY COUNCIL:
None,
CALL TO ORDER:
The meeting was called to order at 6:00 PM.
REZONING/REDEVELOPMENT ITEM:
REZ11-00001/SUB10-00016: Discussion of an application submitted by Rochester Ridge
LLC for a rezoning from Low Density Single Family (RS-5) zone to Planned Development
Overlay - Low Density Single Family (OPD-5) zone and a preliminary plat for Rochester
Ridge, a 55-lot, 23.22 acre residential subdivision located at 2949 Rochester Avenue.
Miklo noted that this property had come before the Commission last year. He explained that the
Comprehensive Plan shows that area as RS-5 and identifies that corner as potential open
space, as it has areas that might be considered woodlands and/or wetlands. The applicant that
had previously been before the Commission was withdrawn by the applicant. Miklo said that
applicant had chosen not to proceed based on the sensitive areas on the property, Miklo said
that a potential buyer has submitted the application currently before the Commission and has a
similar residential development planned.
Miklo said the primary difference between this and the previous application is that they are
doing less development activity in some areas and paying fees in lieu of providing neighborhood
open space, Miklo said there is still a great deal of disturbance of wetlands, stream corridors
and woodlands in this plan, and that staff had discussed that extensively, Miklo said that they
concluded that the design was appropriate due to the need to extend necessary streets and
utilities through the sensitive areas, He said that this proposal would retain some of the
wetlands as part of the stormwater management and mitigate the rest off-site, He said that
compared to the previous plan there is a little less disruption of woodlands and wetlands. Miklo
Planning and Zoning Commission
January 31, 2011 - Informal
Page 2 of 4
noted that while the City's ordinance does not distinguish between "new" and "old" wetlands and
woodlands, the brief history provided in the staff report does explain that the wetland and
woodland on this property are the result of development and are fairly new to the property, Miklo
noted that there are old-growth oaks on the northern portion of the property that have been
designated for preservation by the City Forrester.
Miklo noted that a wetland mitigation plan has not yet been submitted and the Commission
cannot vote to approve the application without one. Miklo explained that if the applicant buys
into a wetland bank more wetlands will actually be created, funds will not just go to the
maintenance of an existing wetlands, Miklo noted that there were a couple of other minor
deficiencies that also need to be corrected,
Freerks asked if it was unusual to allow for such high levels of disturbance of woodlands and
wetlands. Miklo said it was very unusual. He said there are approximately two acres of wetlands
on the site.
Miklo noted that there did appear to be justification for the cul-de-sacs and double-fronting lots
in the proposed development, though they are not generally encouraged,
Payne said she recalled concerns from southern neighbors regarding flooding and expected to
hear similar concerns this time,
Payne asked if Miklo thought the plan was an overall better plan than the one previously
submitted for this property, Miklo said that he thought it was slightly better, but that staff had
recommended approval of that one as well,
Eastham asked how much of the stormwater detention was necessary to handle the runoff from
the property to the east. Miklo said he was not sure that was quantifiable, but that the engineers
had indicated that currently water was just dumping onto the property from the east. Miklo noted
that the problems associated with the stormwater management of the neighboring development
are the reason that the City has a stormwater management ordinance now, Miklo said that the
engineers believe that the stormwater detention facilities for this development should actually
improve the situation for the neighbors.
ANNEXATION/REZONING ITEM:
ANN11-00001/REZ11-00004: Discussion of an application submitted by ILJ Investments
for annexation and rezoning from County Agricultural (A) zone to Intensive Commercial
(CI-1) zone for approximately 9.71 acres of property located on the north side of Mormon
Trek Boulevard, northeast of its intersection with Dane Road.
Miklo noted that this was also a familiar piece of property for the Commission. Miklo said that a
20-foot landscape buffer and a 30-foot height limitation for lighting was imposed on the
neighboring property when it wasrezoned last year in order to accommodate concerns from
neighboring residences, He said he anticipated similar concerns with this annexation/rezoning
and staff would recommend similar conditions, Miklo said that the neighbors will likely be
recommending a CO-1 zoning rather than a CI-1 zoning.
Eastham asked if there were stormwater management issues at play with this property and
Miklo said there would be retention requirements, Miklo said he thought curb-cuts onto Mormon
Trek would also need to be regulated,
Planning and Zoning Commission
January 31,2011 - Informal
Page 3 of 4
COMPREHENSIVE PLAN ITEM: Set a public hearing for February 17 to amend the
Comprehensive Plan to adopt the Southeast District Plan for property generally located
south of Court Street, east of Sycamore Street & First Avenue, north of Highway 6 and
west of the city's eastern growth boundary.
No discussion,
CONSIDERATION OF MEETING MINUTES: December 13 & December 16, 2010:
No discussion,
ADJOURNMENT:
Koppes moved to adjourn.
Weitzel seconded.
A vote was taken and the motion carried unanimously.
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PLANNING AND ZONING COMMISSION_
FEBRUARY 3, 2011 - 7:00 PM - FORMAL
CITY HALL, EMMA HARVAT HALL
PRELIMINARY
MEMBERS PRESENT:
Ann Freerks, Josh Busard, Charlie Eastham, Elizabeth Koppes,
Michelle Payne, Wally Plahutnik, Tim Weitzel
MEMBERS ABSENT:
None
STAFF PRESENT:
Bob Miklo, Sara Greenwood Hektoen, Christina Kuecker, Loren
Ditzler
OTHERS PRESENT:
Jesse Allen, Ron Amelon, Dave Larsen, Jane Driscoll,
RECOMMENDATIONS TO CITY COUNCIL:
None,
CALL TO ORDER:
The meeting was called to order at 7:00 PM,
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None,
REZONING/DEVELOPMENT ITEM:
REZ11-00001/SUB10-00016: Discussion of an application submitted by Rochester Ridge
LLC for a rezoning from Low Density Single Family (RS-5) zone to Planned Development
Overlay - Low Density Single Family (OPD-5) zone and a preliminary plat for Rochester
Ridge, a 55-lot, 23.22 acre residential subdivision located at 2949 Rochester Avenue.
Kuecker explained that this land is relatively flat and has been used for agricultural purposes, In
the southern portion of the property is an area that has become a wetland, and a remnant of a
blueline stream, She noted that there are some slopes in the southern portion as well.
The applicant is proposing to rezone the area as a Planned Development Overlay to allow a
Level 2 Sensitive Areas Review, Kuecker said that the property is located in the Northeast
Planning and Zoning Commission
February 3, 2011 - Formal
Page 2 of9
District and that it is shown in the plan as being appropriate for single family residential. The
surrounding areas are single family housing and staff feels the proposed development would be
compatible with the nearby neighborhoods.
The proposal is for a 55-lot subdivision with two outlots. The outlot in the southeast corner
would be the stormwater management area and Outlot B would be a trail connection to
Rochester Ridge.
Lot sizes for the development range from approximately 8,000 square feet to 18,000 square
feet. The street pattern extends the streets that are already stubbed to the subdivision and
surrounding areas, extending Westminster and connecting to Rochester Avenue,
One of the major constraints of this property is the sensitive areas: a stream corridor, critical and
steep slopes, regulated wetlands and a wooded area, As part of a Level 2 Sensitive Areas
Review, the applicant is requesting to disturb 48% of the steep slopes, 57% of the critical
slopes, 100% of the wetlands and 89% of the wooded areas, Kuecker noted that the applicant
had submitted a letter explaining the reasons behind the requested impacts and the evolution of
the sensitive areas on the property. Kuecker noted that the main reason behind the impacts on
the sensitive areas is to make public improvements necessary to developing the land, such as
stormwater detention,
Kuecker pointed out the wetlands on an overhead map, noting the proposed subdivision
impacts 100% of the wetlands, The Army Corps of Engineers would have to approve the
disturbances to the wetlands and would also have to approve any mitigation. Kuecker noted that
the applicant is currently pursuing wetland mitigation to the north of the property.
The stream corridor is one that has been diverted into a culvert under Westminster Street just to
the south of the property. The proposed subdivision would essentially wipe out that stream
corridor by placing it in a culvert as well. The sensitive areas ordinance does have language that
specifically allows essential public utilities to be within the sensitive area, and specifically allows
things such as bridges, roads and culverts, In staff's opinion, the extension of Westminster is
an essential public utility, as is the stormwater detention and extension of public streets.
The steep and critical slopes would be disturbed in order to extend Westminster to the north.
Staff feels the level of disturbance is necessary to allow for the extension of Westminster and
allow for the reasonable level of development of the property,
The applicant has proposed the disturbance of 88,9% of the wooded area. The sensitive areas
ordinance allows for disturbance of 50% of the wooded area; anything beyond that must be
replaced with a replacement tree for every 200 square feet of woodland that is removed, The
applicant's proposal brings them close to the required number of replacement trees, but still
needs to designations for approximately 150 more trees, The City Forrester has identified a
grove of trees along Rochester as containing several trees requiring a tree protection plan,
which the applicant has provided,
The subdivision design does meet the requirements of the code, There are two cul-de-sacs in
the subdivision, which are generally not encouraged; however, the topography and surrounding
neighborhoods make these particular cul-de-sacs necessary,
The Parks and Recreation commission did review the plat and determined that there was not
any suitable land on the property for neighborhood open space, They have chosen to accept
fees in lieu of a parkland dedication,
Planning and Zoning Commission
February 3,2011 - Formal
Page 3 of 9
The wetland mitigation plan has not yet been submitted to the Army Corp of Engineers or staff
for approval. Staff feels that the general design of the subdivision is appropriate for the area, but
does need to see the wetland mitigation plan prior to recommending approval.
Staff is recommending deferral of the application until the wetland mitigation plan is submitted,
Freerks invited questions for staff.
Kuecker noted that there is a considerable amount of runoff from the neighboring property to the
east that does run into the wetland area and has been a major contributor to the development of
the wetland in that area,
Eastham asked Kuecker to go over the right-of-way widths for the connecting internal streets.
He said that he would like to know how many will be meeting the 60-foot standard and how
many will stay at the width of the old standards. Kuecker noted that the width of Westminster
will be 50-feet in the areas where it is stubbed and then will increase to 60-feet on the other side
of the intersection, The cul-de-sacs are considered low volume, so they have 50-foot right-of
ways, The rest of the streets will have the 60-foot right-of-way, Eastham asked if Westminster
would be stubbed so as to intersect with Green Mountain and Kuecker said that would be
determined at the time that property was subdivided,
Freerks noted that some of the replacement evergreens are proposed to be planted by the
grove of oaks that has been identified as needing protection, She said this did not seem very
practical to her, Kuecker said she would have to look at that more closely,
Weitzel asked if the City had any estimates for the amount of stormwater coming on the site and
leaving the site, Kuecker said that the total area of the property is 23.22 acres, with about 17
acres to the east draining onto the property, She said she was not sure what the rate would be
for stormwater coming off of the site. Eastham noted that this meant that the stormwater
management must be able to handle and additional 60% of land that is off-site, and Kuecker
said that was correct.
There were no further questions for staff from the Commission,
Freerks opened the public hearing and invited the applicant to speak,
Jesse Allen, Rochester Ridge, offered to answer any questions or concerns the Commission
might have.
Weitzel asked if Allen knew how the stormwater detention facilities would impact the rate of
water leaving the site. Allen said that the stormwater retention pond was designed to pick up the
runoff from the property to the east in addition to the needs of the development; it has the
capacity to manage both sites. Weitzel asked if Allen was then anticipating that it would reduce
the amount of runoff and Allen said that he was. He explained that there would be a raised berm
to help hold the water.
Duane Musser, MMS Consultants, explained that the grading plan outlined the slope of the dam
and the existing wetland grades, He said that there were currently two storm sewers that dump
into the wooded area and rear yards of existing homes to the south, Musser said that that water
will now be retained and conveyed underground, Eastham asked how big of a flood event that
system could handle and Musser referred him to Engineering for that calculation, Musser noted
that a lot of the impacts on sensitive areas in this development are due to the extension of
Planning and Zoning Commission
February 3, 2011 - Formal
Page 4 of 9
Westminster, Musser said that the only logical place to do the stormwater management is in the
corner indicated on the site plans, He said there is a history of erosion and flooding in that
neighborhood because the current streets were built before there were stormwater management
requirements in place, Musser said that they are working with the property owner across
Rochester Avenue to see about creating approximately three acres of new wetlands on his
property. Musser said that weather-permitting, they will be out working on that and their Corp of
Engineer permits once the snow is gone, Musser said that they will be moving forward with the
mitigation plan,
Eastham asked Weitzel to clarify his earlier question about the amount and/or rate of runoff,
Weitzel said that when the property came before the Commission previously, neighbors
expressed concerns that developing the area would worsen and already problematic runoff
situation in the area, He said that his question was intended to determine if the plan would be
contributing to the already-existing runoff problem, He said that his understanding is that the
proposal should actually reduce existing problems.
There were no further comments and the public hearing was closed,
Payne moved to defer REZ11-00001/SUB10-00016 until the deficiencies and
discrepancies described in the staff report are addressed.
Eastham seconded.
Freerks invited discussion,
Weitzel said that the application cannot be voted on until the mitigation plan is submitted,
Freerks agreed, saying that the Commission is familiar with the property from its previous
application, Plahutnik said that it all hinges on the water management. Weitzel commented that
there appears to be some additional screening along the edges of the property that seems to
address some of the concerns brought up the last time the application was before the
Commission. Freerks noted that it is a complicated piece of property.
A vote was taken and the motion to defer was passed 7-0
ANNEXATION/REZONING ITEM:
ANN11-00001/REZ11-00004: Discussion of an application submitted by ILJ Investments
for annexation and rezoning from County Agricultural (A) zone to Intensive Commercial
(CI-1) zone for approximately 9.71 acres of property located on the north side of Mormon
Trek Boulevard, northeast of its intersection with Dane Road.
Miklo introduced Loren Ditzler, graduate student in Urban and Regional Planning and intern at
the City's Planning Department, who has been working on this application.
Ditzler explained that the land is currently being used for agriculture, The Iowa City corporate
limit is along the western border of the property, The outlot was created during a subdivision
process that took place in the autumn of 2010, At that time it was designated for development
and annexation.
Staff believes this application has met the three standard criteria for annexations. The first
criterion is that the annexation falls within the adopted long-range planning boundary, The
Planning and Zoning Commission
February 3, 2011 - Formal
Page 5 of 9
second criterion is that the annexation will fulfill and identified need without imposing an undue
burden on the City, This annexation will address the identified need for future commercial
growth in the district plan, The third criterion is that the control of the development is in the City's
best interest. Ditzler said that annexation will allow the land to be developed in a manner that is
consistent with the Comprehensive Plan.
Staff believes that the rezoning complies with the Comprehensive Plan which identifies the
property as appropriate for intensive commercial or office park use, The property just to the east
is designated for future industrial development; this property could serve as a transition into that
industrial area, The Intensive Commercial zone is designed for businesses that are land-
intensive or light industrial. Generally these uses are not compatible with residential or less
intensive zones, Just south of the property, the zoning is County Agricultural and Residential, so
in order to shield that residential zone, any parking lots or storage areas would need to be
screened to the S-3 standard, The property to the north is also zoned County Agricultural and
Residential; it contains a residence and is intended to be park-land in the future. When the
property to the west was rezoned, a conditional zoning agreement was enacted to provide
appropriate transition from the residential/future park area to the intensive commercial. Staff is
recommending similar conditions be placed on the rezoning of this property as well,
Mormon Trek Boulevard is an arterial street, so it is appropriate to handle the traffic generated
by this use; however, staff recommends that access points of Mormon Trek be minimized, with
a maximum of three curb-cuts,
There is adequate infrastructure for development in the area, though the developer would need
to construct lateral water and sanitary sewer lines,
Staff recommends approval subject to a 20-foot wide landscape buffer along the north side of
the property with a minimum of S3 screening standards and a 30-foot height limitation for
outdoor lighting,
Eastham asked if the Mormon Trek right-of-way has been annexed yet, and if this application
would do that. Miklo said it has not yet been annexed and this annexation would include
Mormon Trek at least to the center of the right-of-way,
Freerks opened the public hearing,
Dave Larsen, representative of ILJ Investments, offered to answer questions; the Commission
had none,
Jane Driscoll, spoke on behalf of George Dane, her grandfather, Dane owns the property at
4120 Dane Road Southeast. She noted that she is joined by other members of her family,
including her father, Francis Driscoll, who resides at the home at that address. Driscoll
explained that the home was built by her grandparents in 1948, Their property is located north
of Mormon Trek and north of the parcel in question.
Driscoll said that she had appeared before the Commission approximately one year prior to
address a similar situation for the property west of Dane Road, She said that it was evident to
her and her family that the Commission had taken seriously the concerns they had expressed,
based on the conditions placed on the rezoning of that five-acre parcel. Driscoll said that her
family appreciates the Commission's efforts to address their concerns.
Driscoll said that their property, which is the site of the family residence, has the highest
elevation in the area and affords beautiful views in all directions, Driscoll said that years ago her
Planning and Zoning Commission
February 3, 2011 - Formal
Page 6 of 9
grandparents had designated the land to become a future park because they believe in
preserving the land, the beautiful vistas and the sledding hills, The parcel under review is
directly south of this future park, Driscoll said that her family's property is within the future
growth area of the city, but does not wish to be annexed at this time, She said that she
understands that annexation remains a voluntary option for the future,
Driscoll said that the rezoning of the property is also under review. She said that it is her
understanding that the applicant does not have a potential user for the site, and that the City's
Comprehensive Plan suggests a CI-1 or CO-1 zoning for the property, The uses are to serve as
a transition for future industrial uses in the area, Driscoll said that they realize that the property
will not remain undeveloped forever, but that they do not think CI-1 is an appropriate transition
between parkland and industrial zoning, She said that CO-1 is the more desirable zoning
designation, and is more compatible with the current use. Driscoll said that they understand that
while city ordinances would apply to any business in the area, the CO-1 zone would not require
the use of outdoor sound equipment, use of delivery docks with their accompanying traffic
patterns, or outdoor storage which required intensive outdoor lighting. A CI-1 would likely have
all of those uses and would conflict both with residential and parkland uses.
Driscoll said they agree with the conditions laid out in the staff report and would also like
discussion of: limited hours of operation, directional and shielding requirements for lighting, and
a requirement that any speakers be inwardly directed. Driscoll recommended the property be
zoned CO-1 , and have a conditional zoning agreement that reflected the concerns she had
outlined. She noted that staff and commissions change over time and a conditional zoning
agreement will document the present commission's intentions for the property,
Koppes asked how big the future park will be. Kuecker indicated where the park was on the
map. Busard asked when the property would become a park and Driscoll replied that it would
revert to parkland at the point in time when the family ceased to use the property. Driscoll
estimated that within the next 20-25 years.
Plahutnik asked if the 9.7 acres in question had been in control of the family relatively recently,
Driscoll said that it had belonged to her grandfather's brother at one time,
Busard asked if the family had had first right of refusal to purchase the property, Driscoll said
that question involved an agreement between the brothers that she is not party to,
Eastham asked Driscoll to recap her suggestions for the conditions to be placed on the zoning,
Driscoll said that she suggested: 1) discussion of limited hours of operation; 2) all pole-mounted
fixtures should have a 30-foot height limitation; 3) exterior speakers should be inwardly directed
or facing away from the neighbors,
Freerks noted that the Commission did not generally impose limited hours of operation and
asked Greenwood Hektoen if she had any comments on that subject. Miklo noted that with uses
that require special exceptions, limitations are sometimes put on hours of operations, He said
that the difficulty of doing it in a conditional zoning agreement is the issue of treating similarly
zoned properties the same, as well as keeping track of requirements like that. Miklo said that if
the Commission was interested in exploring that option he would like to have a staff meeting to
discuss it.
The public hearing was closed.
Freerks invited a motion.
Planning and Zoning Commission
February 3, 2011 - Formal
Page 7 of 9
Koppes moved to defer ANN11-00001/REZ11-00004.
Eastham seconded.
Payne asked if there was not already a city ordinance in place that allows only so many lumens
to spill over onto neighborhood properties, Miklo said there is that requirement, and there is also
a requirement that lights be downcast and shielded, He said that because those issues are
already addressed by code he did not think it would be appropriate to include it in a conditional
zoning agreement. The code would allow a height of 35-feet for the lighting, and staff is
proposing a limitation of 30-feet in this case. Koppes asked if the code also covered the speaker
noise issues. Miklo said there is a noise ordinance and staff would look into how it applied here
and get back to the Commission. Freerks recalled that speaker noise was something that had
been discussed with some of the other properties in that immediate vicinity.
Busard asked if the Parks Department has agreed to take on this parkland, Miklo said that they
have,
Eastham noted that this parcel would be surrounded by unincorporated areas and asked if that
would have any effect on the light spill-over requirements of the code, Miklo said he did not think
so as he believed that the requirement applied regardless of what was on the other side of the
property line,
Payne asked if the lights could get higher on the eastern side of the lot since it is further away
from the residential property, Miklo said he did not believe so as even a County residential
designation applied. Miklo said that staff will look into the lighting standards,
Koppes said that she also thinks the noise issue will continue to come up, Freerks said that it
has been an issue in the other industrial park in the city. Miklo said that the Comprehensive
Plan does not call for residential in that area; the idea is that over time there will not be a lot of
residential near the airport. Koppes said that the park will not be industrial, so it needs to be
looked at very carefully.
Weitzel said that the intent was for the airport to stay there indefinitely.
Payne asked if there was something in the CI-1 zone that said that lights have to be dimmed
after a certain time. Miklo said that car dealerships and other uses that are allowed to have
brighter lights are required to dim them after a certain time,
A vote was taken and the motion to defer was passed 7-0.
COMPREHENSIVE PLAN ITEM: Set a public hearing for February 17th to amend the
Comprehensive Plan to adopt the Southeast District Plan for property generally located
south of Court Street, east of Sycamore Street & First Avenue, north of Highway 6 and
west of the city's eastern growth boundary.
Miklo noted that a draft of the plan had been distributed to the Commissioners and should be
available on-line by February 4th. Miklo said that notices are being sent out to anyone who has
participated in the process, and press releases are going out to spread the word that a public
hearing on the matter will be held on February 1 th,
Koppes moved to set a hearing for February 1 th the amend the Comprehensive Plan to adopt
Planning and Zoning Commission
February 3, 2011 - Formal
Page 8 of 9
the Southeast District Plan for property generally located south of Court Street, east of
Sycamore Street and First Avenue, north of Highway 6 and west of the city's eastern growth
boundary,
Weitzel seconded.
The motion carried 7-0.
CONSIDERATION OF MEETING MINUTES: December 13 & December 16.2010:
Weitzel moved to approve.
Payne seconded.
The motion carried 7-0.
OTHER:
Miklo said there was a very good turnout at the Riverfront Crossings meeting last week, He said
that staff will likely bring that before the Commission as a Comprehensive Plan amendment
sometime within the next few months, with zoning ordinances for implementation to follow,
Payne noted that she would not be present the week of February 28th, Koppes noted that she
would be gone on the March 1 yth.
ADJOURNMENT:
Payne motioned to adjourn.
Weitzel seconded.
The meeting was adjourned on a 7-0 vote.
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