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HomeMy WebLinkAbout2010-03-02 Public hearing~ ;;~ NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 2nd day of March, 2010, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: An ordinance conditionally changing the zoning from Commercial Office (CO-1) zone to Intensive Commercial (CI-1) zone for 5.05 acres of property located at Mormon Trek Boulevard south Eagle View Drive. A copy of the proposed ordinance is on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above- mentioned time and place. MARIAN K. KARR, CITY CLERK City of Iowa City MEMORANDUM Date: January 28, 2010 To: Iowa City Planning and Zoning Commission From: Jacob Rosenberg, Planning Intern RE: REZ09-00011 At the January 12, 2010 Planning and Zoning Commission meeting, a number of questions arose regarding the application submitted by Dealer Properties IC, LLC, for a rezoning from Commercial Office (CO-1) to Intensive Commercial (CI-1) zone for approximately 5.05 acres of property located on Mormon Trek Boulevard, South of Eagle View Drive. Staff will attempt to address the questions raised by the Commissioners and public during discussion. The applicant has provided an updated conceptual site plan (copy attached). The plan shows landscaping on the east property line in the vicinity of the proposed parkland. The applicant proposes to plant additional trees on the former Dane Road. Staff had recommended that the applicant provide a 20 foot wide landscape buffer in this area. They are proposing that 10 feet of the buffer be located on the subject property and that 10 feet be located on the adjacent Dane property. Staff continues to recommend that at least a 20 foot wide buffer be located on the subject property. The site plan also illustrates the potential locations for outdoor speakers and areas on the northeast and southeast sides of the building (facing the proposed park) where they would agree to limit illuminated signs. The site plans shows a 3-foot high hedge along Eagle View Drive. The proposed lighting along Eagle View Drive and the northeast property line is shown as being 20 feet tall (3 foot concrete base and 17 foot pole) rather than 23 shown on the previous plan. If the Commission would like these items required as a condition of approval of the rezoning, they will need to be formalized in a Conditional Zoning Agreement (CZA). Previous Rezoning from CI-1 to CO-1 In 2006, the owner, James R. Davis, sought a rezoning from Intensive Commercial (CI-1) to Community Commercial (CC-2) for a larger area including the subject property. During the course of the discussion at the November 16, 2006 P&Z meeting, it was decided to amend the application to request Commercial Office (CO-1). Part of the rationale for this decision was to accommodate Dan Tiedt from PIP Printing who did not want his business to have non-conforming status. Additionally, there was discussion over the better visual appeal of a CO-1 zone compared to the existing CI-1 zone. Commissioners Brooks and Smith felt it was important that lots visible from Highway 1 be zoned CO-1. Eastham supported more flexibility in the zoning and wanted to reserve zoning options for the future. January 29, 2010 Page 2 At the December 7, 2006 P&Z meeting, the applicant requested the entire area be rezoned to CO-1 rather than leaving some lots CI-1. Staff reiterated that either the CO-1 or CI-1 zone would comply with the comprehensive plan. The motion carried unanimously and the rezoning was approved by City Council. (The minutes of the meetings at which the previous rezoning was discussed are attached.) Parkland The Dane Property parkland proposal was accepted by unanimous vote at the November 9, 2005 Parks and Recreation Commission meeting. The Dane's proposed that 17 acres of land located southwest of the airport and east of Dane Road be dedicated as parkland. The property will continue to be held by the family until there are no grandchildren of Marjorie and George Dane wishing to maintain it. At that time, the entire site will be gifted by deed to the Iowa Heritage Foundation who will turn over management of the property to the Iowa City Parks and Recreation Department for the site to be used only as a park and recreation area as outlined by the rules and regulations proposed by the Dane family. The Planning and Zoning Commission asked whether or not a car dealership would be compatible with a proposed park located in the immediate vicinity. At the time of approval, the Parks and Recreation Department was aware that the proposed park would be in a commercial and industrial area. Mike Moran, the Parks and Recreation Director, was recently notified of the rezoning and was asked if he had any concerns regarding the compatibility of the proposed CI-1 zone and the park. Mr. Moran did not object to the proposal provided that landscape buffing and other conditions would be required in order to ameliorate the potential effects of the proposed car dealership on the parkland. Comparative Analysis of Current and Requested Zoning The subject property is currently zoned Commercial Office (CO-1). The purpose of the CO-1 zone is to provide specific areas where office functions, compatible businesses, apartments and certain public and semipublic uses may be developed in accordance with the Comprehensive Plan. The CO-1 zone can serve as a buffer between residential and more intensive commercial or industrial areas. The applicant is requesting a rezoning to Intensive Commercial (CI-1) for the subject property. The purpose of the CI-1 zone is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial or amusement activities or by activities or operations conducted in buildings or structures not completely enclosed. The types of retail trade in this zone are limited in order to provide opportunities for more land-intensive commercial operations and also to prevent conflicts between retail and industrial truck traffic. Special attention must be directed toward buffering the negative aspects of allowed uses from adjacent residential zones. January 29, 2010 Page 3 The advantages to CO-1 zoning over CI-1 zoning for a property adjacent to a park or residential zone involves issues of lighting, traffic, aesthetics, and noise. Unlike CI-1 zones, the CO-1 zone is designed to serve as a buffer between residential and more intensive commercial uses. As such, design guidelines pertaining to the development of buildings in a CO-1 zone limit or exclude commercial actives that require outdoor storage, display lighting, and frequent customer traffic. Requirements could be included in a rezoning to CI-1 to make uses allowed in the zone more compatible with less intense land uses. As noted above at the time the Parks and Recreation Department agreed to maintain the Dane Park property, the parties were aware that the surrounding land was designated for Intensive Commercial and Industrial uses. Airport A member of the public inquired as to whether the display lighting typically used by car dealerships would distract or confuse pilots landing at the Iowa City Airport. The airport manager was contacted regarding this issue and remarked that the Honda dealership, which is located closer to runway path, has not posed any problems for pilots and does not anticipate that a similar lighting scheme would have any adverse affects on air traffic. When a building permit application is submitted for this property, the building inspectors will review the lighting plan for compliance with the City Code and if necessary will submit it to the FAA for review. Existing Zoning for Car Dealerships There are a few commercially zoned properties able to site car dealerships in the area. In addition to vacant Intensive Commercial (CI-1) parcels, there are also Community Commercial (CC-2) parcels near the intersection of Highway 1 and I-218 where a car dealership could locate. The major obstacle for locating a dealership at these locations is the size of the available parcels. The applicant has indicated that at least 5 acres are needed to accommodate outdoor displays, parking, and the automotive facility. The vacant parcels available in the area vary in size from 1.9 acres to 3.53 acres. For all locations, two or more parcels would need to be combined to total 5 or more acres. This size restriction precludes a number of locations from housing a car dealership of the proposed scale. It was suggested that land on the west side of Mormon Trek Boulevard, adjacent to the Honda dealership be considered. That property is currently zoned Highway Commercial (CH-1). It would need to be rezoned to make it viable for the proposed a car dealership. Benefits of Rezoning The benefits of the proposed rezoning to the city were also questioned by the Commission. Staff believes that one benefit of the proposed rezoning lies in the clustering of similar retailers, in this case, car dealerships. There are a number of car dealerships in the area because the general location offers high visibility, large parcels of land, and access to Highway 218 and Highway 1. Economically, the clustering of various car dealerships lowers shopping costs for consumers and increases sales relative to sales at separate locations. It January 29, 2010 Page 4 is the opinion of the staff that concentrating these retailers in the vicinity of the Highway 1 and I-218 is a desirable goal of long term planning. Another benefit to rezoning, as identified in the Comprehensive Plan, is the importance of maintaining an adequate supply of CI-1 and I-1 land in order to provide developable land necessary for the City's continued economic viability. CI-1 and CO-1 zones are used to attract employers and provide a compatible transition to adjacent industrial uses. One of the primary reasons the City chose to invest public funds to construct the extension of Mormon Trek Boulevard was to create arterial street access to the planned industrial development areas that would be bordered by commercial uses. This capital investment was meant to encourage future development in the South Central District that would increase employment opportunities in the community. CI-1 and CO-1 zoning along the Mormon Trek extension is thus aimed at attracting businesses that are compatible with industrial uses. Staff Recommendation Staff continues to recommend approval of the rezoning subject to a 20-foot wide landscape buffer being provided on this property along the property line with the proposed park. If the Commission would like to include conditions regarding lighting, signs, additional landscaping, outdoor speakers or other items necessary to minimize the effects of the proposed rezoning on adjacent properties, those conditions should be included in a Conditional Zoning Agreement. J !~ ` ~a~ x'R~~'~~op~ ~ ~ VMOI 'ALI~'dM01 3 ~ ~~ ~ ~ Z J ~~ya ~~~~:~~~ ~ d M31A All~'J? an19 ~I3a1 PIWVYMOW ~ ~ ~ ~~ ~ w g z ~ • E s~~~_~ ~~ q u X11 `S311b3d02id 2~~1b'~4 ~ ~ € ~~ `3 z w m ~ n~~ ~~g~l~~~~ ~ a •ao~ Allll'Jtld a3sodoad z€ 1 1 1 1 1 1 Id g~ o° n ~ Q ~~ ~~~a ~ ~~ ~ ~ ~~~M~~ ~ ~~8~8a ~, Q >, O w J W, ~,S - i j , i i i I i i I / I I ~ -------------~ -----------------------r © ~~ Q '~ i .A~i~ -------- ~' - f ------ '~^ A < LL ~~ < ~; ~~ ~< ~; '\~~~ r~ ~~ 0 Z a 4 ~ as s~ Planning and Zoning Commission December 7, 2006 Page 2 There were no questions for staff. Brooks opened the floor for public discussion Eastham motioned to approve subject to approval of legal papers. Shannon seconded. The motion carried unanimously. REZONING ITEM REZOg_00021 Discussion of w andllGralce Dr'velfrombntensve Comme~cialr(CI-1)nzone to Community property located at Eagle V Commercial (CC-2) zone or Commercial Office (CO-1 ). Miklo said that the Zoni be c assifiedr as tpel sonaanservice iand (could be zoned CO-1PrThere is some determined that it could concern that if for somurrent CI-1hntens~ ei commerOciallzorvnginalized that PIP Printing would not be in conformance with the c Miklo said that 1erather thalneeaving somefofnthei~ots zoned Clp-pli M'klo reite at d thatleither the tC0-1 or rezoned to CO royal. A licant CI-1 zone would comply with the comprehensive plan and that staff recommended app pp was not present for comment. Brooks opened the floor for public discussion. Dan Tiedt (owner of PIP Printing) would like a CO-1 zoning and thinks it would be good for the applicant. Brooks closed the floor for public discussion. Freerks motioned tsaidthat she ps glad they tookrthektimeltotwork thisloutl and thanked Tiedtfor,h s and solution. She cooperation. The motion carried unanimously. OTHER ITEMS There were none. CONSIDERATION OF THE NOVEMBER 16 2006 MEETING MINUTES Shannon motioned to approve the minutes. Eastham seconded. Motion carried unanimously. ADJOURNMENT: Motion: Shannon made a motion to adjourn. Eastham seconded. Motion carried on a unanimous vote of 7-0. The meeting was adjourned at 7:46pm. Minutes submitted by Megan Weiler slpcdlmin s12006/ 12-07-06. doc /) Planning and Zoning Commission November 16, 2006 Page 5 Brooks said he differs from the feeling that this complies with the concept plan. He doesn't see the open spaces, the pedestrian walkways, etc. that he saw in the concept plan. According to his calculations, the amount of green space has been significantly diminished (from 29% to 14%). He doesn't feel that it conforms for that reason. He feels that the Commission sets a tone with what they approve. Brooks feels that this sets a tone for the remainder of Olde Towne Village and other development on the east side of Iowa City and this needs to be at a higher level of conformance to the concept plan before he will approve. He is a little disappointed in the architecture and thinks the developer could have done more with the "Olde Towne" or historic theme, but that was insignificant in his decision. His main concern is the lack green space and landscaping. Miklo said that it appears that there would be one or two Commissioners who would vote to approve the site plan subject to conformance with technical requirements, one or two who would approve it with the addition of more trees in lieu of parking and 3 who find that the site plan does not comply with the CZA concept plan and that more work is needed. He said at best there may be a 3-3 vote, a tie vote will fail the site plan altogether so he recommends having another meeting before November 27. This would give the parties involved time to work toward meeting the concerns regarding additional landscaping. Brooks feels that the commission should not rush the process and should see if they can come to an agreement to move the decision to December but Smith feels that the commission is in a position to make difficult decisions and that they need to make those decisions according to their obligations. Motion: Smith moved to approve lots 40 and 41 on the condition that it corrects all technical deficiencies. Motion died without a second. Koppes moved to defer until a November 27 meeting. Plahutnick seconded. Motion carried unanimously. REZ06-00021: Discussion of an application submitted by James Davis for a rezoning of 17.75 acres of property located at Eagle View and Grace Drive from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone. Miklo said the Comprehensive plan supports either CI-1 or CC-2 so staff feels it might be appropriate to rezone either some or all to commercial office or leave some CI-1, especially the area to the east away from Mormon Trek Boulevard. There is some question as to whether PIP Printing would be a conforming use with the CO-1 zone. There was a staff meeting earlier today to determine this and there was not consensus among staff. The question may be reviewed by the Zoning Code Interpretation Panel. The property owner would consent to CO-1 zoning if it is determined that PIP is a quick printer or copy service and thus allowed in the zone. If it is determined to be a printing plant and therefore a nonconforming use in the proposed CO- 1 zone, it was his understanding that the property owner would object to his property being rezoned. He reiterated staffs recommendation to not approve the original request to rezone this area to CC-2 or putting medical offices back in the CI-1 zones. Staff recommendation is to defer this to the December 7 meeting as the applicant chooses which lots he would like to request be zoned CO-1 and which lots if any he would like to remain CI-1. Brooks said the application before the commission is requesting a rezone to CC-2, but the Commission is hearing that this might be changed to a different type of zoning. Would the original application have to be denied? Miklo said the application could be amended. A whole new application would not be necessary. Planning and Zoning Commission November 16, 2006 Page 6 Brooks asked if consent would be required of the other property owners in the area? Miklo said the applicant has indicated that he has their consent, we can get it in writing before the next meeting. Floor opened for applicant's comments. Dave Larsen said all the parties involved have been contacted and he requests the commission's input on what is likely to result from the zoning consideration. Along Highway 1 (lot 2, lot 1 -office) (lot 3, 4 -office) (lot 2, 4, 3 of plat 4 -remain CI-1 along with Sneblen Farm). Could we stairstep into the office rezoning and change more lots to office in 6-12 months? Koppes asked does Sneblen Farms want to go to CC-2 or stay at CI-1? Larsen said Sneblen has agreed to do what's best for the whole. They said to try to keep the CI-1 but if necessary to change to CC-2 they would be agreeable to that as well. Everything west of Mormon Trek is zoned CH. Smith's concern is with PIP printing. He wants to avoid spot zoning and wants to make the rezoning comprehensive -rezoning the 1, 2, 1, 3, 4 strip is substantial enough not to be considered spot zoning. Smith would support limit rezoning portion at this time. Brooks opens the floor for public discussion. Dan Tiedt with PIP Printing said he would like a change to CO-1 if his business is determined to be quick printing and therefore a permitted use in the CO-1 zone . Medical was allowed when they bought the property and he would prefer to allow medical back in. Tiedt gave Miklo a letter from the PIP franchise that says that they are a quick printer which is acceptable for CO-1. He would like the Zoning Code Interpretation Panel to determine if his business qualifies as a quick printer. Tiedt would not support pocket zoning leaving him as the only CI-1 property or rezoning his property so that his business has anon-conforming status. Brooks closed public discussion. Brooks wants to settle what the zoning is going to be for planning purposes. Planning projects the future and determines what best suits an area and not what best suits the short term market. Brooks supports CO-1 because it will enhance visitors' view of the city. Eastham supports more flexibility and thinks rezoning presents a challenge to the zoning code as it is written now. Eastham would like to reserve some options for the future, but doesn't know that he'll be on the Commission to exercise those options in the future. Brooks supports rezoning to CO-1. There was discussion among the Commission about the visual appeal of CO-1 as opposed to CI-1. Brooks confirmed Larsen's intentions that lots 1, 2, of part one and 1, 3, 4 of part two to CO-1; lots 2, 4, 3 and Sneblen stay CI-1, or move to CO-1. Miklo suggested that the same zoning be on opposite sides of the street. Brooks and Smith indicated that although they see that point, they felt that it is important that the lots that are visible from Highway 1 be zoned CO-1. Planning and Zoning Commission November 16, 2006 Page 7 Dave Larsen wants 1, 2, 1 to stay the same and 2, 4, 3 to be office. Will try to decide by the Dec 7 which lots they want to be zoned which way. Miklo: regarding the classification of Tiedt's business, the Zoning Code Interpretation Panel, consisting of Building Official (Director of Housing Inspection Services), Director of Planning, City Attorney's Office representative) will meet next week. The City Manager will decide if there is not a unanimous decision. Smith motioned to defer to December 7. Plahutnik second. Development Code Item Discussion of an amendment to the Zoning Code to allow a minor modification in cases where there are practical difficulties meeting the standards for structured parking facilities when retrofitting such facilities within existing buildings. Miklo said this amendment is being brought forward to accommodate an existing building that someone is trying to renovate to include parking stalls under the building. The current language would prevent this as it was written for new construction and did not contemplate a situation where an existing building would be modified. The staff recommends approval of this as a minor modification. Brooks asked for questions for the staff. There were none. Brooks opened and closed public discussion. Motion: Freerks made a motion to approve. Smith seconded. Carried unanimous. Consideration of 10/5 and 10/19 minutes Motion: Smith made a motion to approve. Eastham seconded. ADJOURNMENT: Motion: Smith made a motion to adjourn. Plahutnik seconded. Motion carried on a vote of 6-0 (Shannon absent). The meeting was adjourned at 9:28pm. Minutes submitted by Megan Weiler s/pcd/mins/2006/11-16-06.d oc Good Evening. 01-21-2010 My name is Jane Driscoll and I speak on behalf of my grandfather George Dane who owns the property at 4120 Dane Rd SE. This property is north of Mormon Trek and directly across Dane Road to the east of the 5 acre parcel who's rezoning is under review by this commission. Our home was built in 1948. 1) Our property is a family residence that will eventually become a park. 2) The elevation of our property is the highest in the area and brings beautiful views in all directions. 3) While we find the proposed car dealership less than desirable, we are not so unrealistic to think that the property will remain undeveloped forever. 4) Car dealerships and residential or park uses don't mix well, a. traffic increases b. Requires visibility. Large signs, streamers, balloons and other activities call attention to the displayed merchandise. 5) Outside storage requires intensive lighting. Lights shine onto neighboring properties and make it difficult to see the night's sky. 6) More Noise The speaker system for paging customers, salespeople and service staff is loud. 7) Most car dealerships have merchandise on several sides of their building so there is activity all around the property. The location of the building on the lot can help to limit noise and traffic in specific areas. 8) Unloading cars from adjacent streets. We agree with the staff report recommending landscape screening using the S3 standard. We suggest imposing • Lighting limitations similar to airport zone restrictions. • Noise restrictions, • Hours of operation Limit the number of accesses and location off Eagle View Drive Promises and good intentions should be documented. Commissions, Councils staff and property owners change over time. Therefore including conditional zoning requirements during the re-zoning process will document the agreements and intentions for the future. ~- ~ ~ ., ~" j ~~ ~: ~. ~~. . ~: ~ :~ ~ ~~~~~, Tm~..~~ S 0 _ a 0 ~~ 0 ~.~ ~~ ~- ~ ~ ~~ ~ ~ 0 (~~ /-~~) ~~ ~ ~~~~ ~~~~~ d~~~ ~~~~ ~~ ~~ zo poi wd z- ~~w o~oa ~~I c~~ ~ Public Notice Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 2"d of March, 2010, in Emma J. Harvat Hall, 410 E Washington St, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. The Iowa City Housing Authority's updated Annual Plan advising HUD, its residents and members of the public of the needs of low-income and very low- income families, and their strategy for addressing those needs in the upcoming fiscal year; The Iowa City Housing Authority's 5 Year Public Housing Capitol Improvement Plan. Copies of the plan and Capitol Fund expenditures will be on file for public examination in the office of the Iowa City Housing Authority, City Hall, Iowa City, Iowa, beginning January 12, 2010. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ~, ~ js NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR EAST SIDE RECYCLING CENTER PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the East Side Recycling Center Project in said City at 7:00 p.m. on the 2"d day of March, 2010, said meeting to be held in the Emma J. Harvat Hall in City Hall in said City, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Coun- cil of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK NP-1 Publish 2/22 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF IOWA CITY, STATE OF IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $17,750,000 SEWER REVENUE REFUNDING CAPITAL LOAN NOTES, SERIES 2010, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Iowa City, State of Iowa, will hold a public hearing on the 2nd day of March, 2010, at 7:00 o'clock P.M., in the Emma J. Harvat Hall, City Hall, 410 E. Washington, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $17,750,000 Sewer Revenue Refunding Capital Loan Notes, Series 2010, in order to provide funds to pay the costs of the refunding of outstanding sewer revenue indebtedness, including the Series 2001 Sewer Revenue Bonds, dated December 1, 2001, and the Series 2002 Sewer Revenue Refunding Bonds, dated April 1, 2002. The Notes will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sewer Utility. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of Notes or will abandon the proposal to issue the Notes. This Notice is given by order of the City Council of the City of Iowa City, State of Iowa, as provided by Sections 384.24A and 384.83 of the City Code of Iowa, as amended. Dated this 22nd day of February, 2010. Marian K. Karr City Clerk, City of Iowa City, State of Iowa (End of Notice)