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HomeMy WebLinkAbout06-05-2003 Planning and Zoning CommissionAgenda Formal Meeting Planning and Zoning Commission Thursday, June 5 2003 - 7:30 p.m. Emma J. Harvat Hall (Civic Center) A. Call to Order B. Public Discussion of Any Item Not on the Agenda C. Announcement of Vacancies on City Boards and Commissions D. Rezoning/Development Item: REZ03-00018 Discussion of an application submitted by All Nations Baptist Church for a rezoning form RS-5, Low Density Single -Family to RM-12 Low Density Multi -Family on 5.6 acres located on the west side of Mormon Trek Boulevard north of Highway 218. (45-day limitation period: June 29) E. Zoning Code Amendment: Discussion of amendments to the zoning code to 1.) allow utility substations as provisional uses or special exceptions in the Office Research Park (ORP) zone and 2.) allow the Board of Adjustment to reduce the minimum lot size for a utility substation in the ORP zone if certain conditions are met. F. Other: G. Consideration of the May 15, 2003 Meeting Minutes. H. Adjournment Upcoming Plannin & Zonin Commission Meetin s. Informal June 16 June 30 July 14 August 4 August 18 Labor Day Meeting Cancelled Formal June 19 July 3 July 17 August 7 August 21 September 4 To: Planning & Zoning Commission Item: REZ03-00018, 1715 Mormon Trek Boulevard GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45-day Limitation Period: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Jessica Hlubek Date: May 21, 2003 All Nations Baptist Church Jong Koo Lee, senior pastor All Nations Baptist Church 1715 Mormon Trek Boulevard Iowa City, IA 52246 (319) 354-7801 Rezoning from RS-5 to RM-12 To allow for a larger self -standing sign at the entrance to All Nations Baptist Church 1715 Mormon Trek Boulevard 5.69 acres Religious Institution; RS-5 North: Residential; PDH-8 South: Highway 218, Agriculture East: Residential; PDH-8 West: Highway 218, Agriculture Public Services/Institutional May 15, 2003 June 29, 2003 The applicant has requested a rezoning from RS-5, Low Density Single -Family, to RM-12, Low Density Multi -family for the 5.69-acre property located at 1715 Mormon Trek Boulevard. The proposed rezoning would allow All Nations Baptist Church to erect a sign with 24-square feet of area per side at the church's entrance, thereby increasing sign visibility and exposure to the facility. Additionally, the proposed rezoning would permit high -density single-family and low - density multi -family dwellings should the property ever redevelop in the future. The All Nations Baptist Church currently exists on the subject property as a special exception of the RS-5 zone. Should the property be rezoned to RM-12, the church will continue to exist as a special exception. z ANALYSIS: The primary intent of the current RS-5, or Low Density Single -Family Residential Zone is to provide for single-family residential development consistent with the single-family residential character of Iowa City. The proposed RM-12, or Low Density Multi -Family Residential Zone is intended to provide for high -density single-family development and low -density multi -family residential development. It is the applicant's concern that the existing sign at the church's entrance is not large enough for passing drivers on Mormon Trek Boulevard to see. The current RS-5 zoning allows a maximum sign face of 12-square feet. The RM-12 zoning designation would allow the church to erect a sign with 24-square feet of area per side. The applicant sees the larger sign as a means of increasing the church's exposure to the community. Under normal circumstances, a rezoning would not be considered solely to facilitate a larger sign. However, the subject property has characteristics that may warrant consideration of the RM-12 zoning designation. These characteristics include the location of the property between an arterial and an expressway, the property's relatively small size compared to most RS-5 neighborhoods, and the character of surrounding neighborhoods. At this time, there are no plans to redevelop the subject property. However, should the property redevelop in the future, the current RS-5 zoning designation would allow only detached single- family dwellings as permitted uses. The proposed RM-12 zoning would allow duplexes and multi -family dwellings, as well as detached single-family dwellings. Staff feels this property is more appropriate for medium -density cluster development or for nonresidential uses such as the religious institution currently in place. Mormon Trek Boulevard and Highway 218 border the subject property to the east and southwest respectively, and act as an effective separation between it and other single-family uses. To the north, the property is abutted by Mormon Trek Village, a mixed development that would be compatible with the RM-12 zone proposed. Mormon Trek provides the property with adequate access to the rest of southwest Iowa City and ensures that any redevelopment would not be disruptive to local residential streets. As suggested in the Southwest District Plan, any type of residential development in this area should include a landscaped buffer along Highway 218. Staff recommends that a 70-foot wide buffer planted with evergreens be required if this property ever redevelops for residential uses. The relatively small size and triangular shape of the subject property would make it difficult to subdivide the property into single-family lots. Access to Mormon Trek Boulevard would be an issue with detached single-family housing. In accordance with the Comprehensive Plan, the entire Southwest Planning District promotes a diversity of housing types. The area along Mormon Trek Boulevard specifically contains a mixture of duplexes, townhouses and apartments, as well as single-family dwellings. Any future multi -family development on the subject property would fit in with the surrounding area, especially with the multi -family character of Mormon Trek Village directly to the north of the property. SUMMARY The applicant's request to rezone this property to allow a larger sign for the existing church is not a compelling reason to rezone this property. However the property's size, triangular shape and location in relationship to Mormon Trek Boulevard and Highway 218, make this property 3 more suitable for the Low Density Multi -Family Zone, RM-12, than the Low Density Single - Family Zone, RS-5. Any residential development on this property should include a 70-foot wide evergreen buffer between Highway 218 and dwelling units. STAFF RECOMMENDATION: Staff recommends that REZ03-00018, a rezoning from RS-5, Low Density Single Family Residential to RM-12, Low Density Multifamily Residential for 5.69 acres located at 1715 Mormon Trek Boulevard, be approved conditioned upon the establishment of a 70-foot wide evergreen buffer along Highway 218 in the event that the subject property redevelops for residential use in the future. Approved by: Aa4*Av Robert Miklo, Senior Planner, Department of Planning and Community Development ATTACHMENTS: 1. Location map 2. Applicant letter ALL NATIONS BAPTIST CHURCH 1715 MORMON TREK BLVD., IOWA CITY, IA 52246 PHONE: (319) 354-7801 FAX: (319) 354-4984 May 15, 2003 Dear Department of Planning and Development Please regard this as a formal request to change our low -density zoning to a high -density zone of our property aimed at clearing the way for us to have a bigger self -standing sign at the entrance. We, an international community of believers, have been meeting spiritual needs of Americans and many ethnic groups who live in Iowa City and Coralville. The current sign size does not give enough- exposure of our church to the general public, necessitating a bigger sign. We have been trying to make contributions to the community by offering our facilities as the polling place of voting and neighborhood meetings. We do not think that the proposed rezoning of our property will be detrimental to our neighborhood at all. The current sign is not large enough for passing drivers to see. Please consider our peculiar situation and grant us the rezoning of our property to a low -density zone. Thank you for your cooperation. Sincerely, G senior pastor Jong oo Lee, All Nations Baptist Church City of Iowa City May 28, 2003 To: Planning and Zoning Commission From: Karen Howard, Associate Planner Re: Zoning Code Amendment Request -Utility Substation Facilities Background The Commission has received a request from Christopher Pose of Connolly O'Malley Lillis Hansen & Olson LLP, legal counsel for MidAmerican Energy Company to amend the Zoning Ordinance to allow Utility Substation Facilities as special exceptions in the Interim Development (ID) Zone and the Office Research Park (ORP) Zone. MidAmerican Energy Company would like to expand a legally nonconforming substation facility located at 2875 North Dubuque Road in the Interim Development - Office Research Park Zone (ID-ORP) (See attached letter). Currently, similar Utility Substation Facilities are allowed as special exceptions in all Commercial Zones, except the CI-1 Zone. They are listed as provisional uses in the 1-1, 1-2, and CI-1 Zones. They are not allowed in the ORP Zone, RDP Zone, ID Zone, or any residential zone. Analysis The ORP Zone is intended to "provide areas for the development of large office, research and similar uses.The requirements of this zone protect uses in the Zone from adverse impact of uses on adjacent land and protect adjacent more restrictive uses." Utility substations, if screened and sited properly, would not be contrary to this purpose. Likewise, locating a utility substation facility in an ID-ORP Zone would not be contrary to the purpose of the Interim Development Zone to "provide for areas of managed growth... until such time as the City is able to provide City services and urban development can occur." In the Code Rewrite Project, staff is recommending a similar change to the Code allowing utility substations in the research park zones, ORP and RDP. Mr. Pose's request for an amendment to the ID Zone is not necessary, since in the ID-ORP zone, ORP uses may be developed in accordance with the requirements of the ORP Zone. Therefore, if the ORP Zone is amended, no change is necessary for the ID Zone. A second issue that Mr. Pose brings up in his letter is the existing development standards for the ORP Zone. The ORP Zone requires a minimum lot size of 7 acres, a 150-foot front yard, and 100-foot side and rear yards. The large yard and lot requirements are intended to reserve large parcels of land for development of research and office uses that are land -intensive and where there is a desire to develop in a campus -like setting. The ORP setback requirements may be excessive for Utility substations in certain circumstances. The facility should be setback and screened in a manner that makes it unobtrusive. Likewise, given there is little traffic or activity at a utility substation, the 7acre minimum lot size requirement may be excessive for most utility substation facilities. MidAmerican currently has 3.76 acres, which the applicant maintains is adequate for future expansion. The Board of Adjustment already has the power to reduce yards in unique situations where there is practical difficulty meeting the standards and where such a reduction will not detract from surrounding properties. It also seems reasonable to allow the Board of Adjustment to reduce the required lot size for utility substation facilities in the ORP zone. Nevertheless, it is important for the Board of Adjustment to consider requests for setback and lot size reductions in the context of the existing or intended character of the Office Research Park Zone. Maintaining a campus -like setting, particularly near the entranceway to the office park may be important to attract and retain large office/research firms. Recommendation Given that utility substations are essential services and are not considered contrary to the intent of the ORP Zone or the ID-ORP Zone, staff recommends that the Zoning Code be amended as follows: • Amend 14-6G-3, Provisional Uses, adding a subsection B as follows: B. Utility substation facilities within a building that houses another principal use allowed in the ORP Zone, provided the substation facility is completely enclosed and there is no visible indication of the facility from the exterior of the building. • Amend 14-6G-4, Special Exceptions, adding a subsection D as follows: D. Utility substation facilities, according to the requirements of Article L of this Chapter. • Amend 14-6L-1X, Utility Substation Facilities, adding a paragraph 3, as follows: 3. In the ORP Zone, the Board of Adjustment may reduce the minimum lot size for a utility substation facility, provided that the applicant establishes by convincing evidence that the facility will be located, screened, and landscaped in a manner that will not detract from surrounding properties or prevent development of an attractive entranceway to an existing or future office research park. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development ATTACHMENTS: 1. Letter requesting Code Amendment 2. Preliminary site plan WILLIAM J. LILLIS RUSSELL J. HANSEN MICHAEL W. O'MALLEY EUGENE E. OLSON STREETAR CAMERON DANIEL L. MANNING CHRISTOPHER R. POSE ADAM C. VAN DIKE CONNOLLY O WALLEY LILLIS HANSEN OLSON LLP ATTORNEYS AT LAW 300 BANK OF AMERICA BUILDING 317 SIXTH AVENUE DES MOINES, IGWA 50309 The Honorable Chair and Members Of the Plan and Zoning Commission City of Iowa City c/o Robert Miklo, Senior Planner 410 East Washington Street Iowa City, IA 52240-1826 TELEPHONE (515)243-8157 FAX (515) 243-3919 May 21, 2003 JOHN CONNOLLY, JR. (1891-1975) GEORGE E. O'MALLEY (1908-1982) JOHN CONNOLLY III (1918-1998) BERNARD J. CONNOLLY 0920-1970) C. 1. McNLITT (1901-1988) ESTABLISHED IN 1917 REQUEST FOR AMENDMENT TO THE INTERIM DEVELOPMENT (ID) AND OFFICE RESEARCH PARK (ORP) ZONING DISTRICT REGULATIONS — UTILITY SUBSTATION FACILITIES AS SPECIAL EXCEPTION. Honorable Chair and Members of the Commission: Our law firm represents MidAmerican Energy Company in presenting a request for you to recommend amendments to the City Zoning District Classifications of Interim Development (ID) and Office Research Park (ORP) to allow "Utility Substation Facilities" be permitted as special exception uses in those zoning districts. We are also requesting that any of the bulk regulations (such as required lot area in the ID District of ten acres, required lot area for the ORP district of seven acres, and front and side required yards in the ORP district) be waived for such Utility Substation Facilities in the ID and ORP districts. The reason for the request is due to MidAmerican Energy Company's plans for reconstruction and expansion of its Substation G. This substation is located at 2875 North Dubuque Road, in the northeast part of the city in the vicinity of Interstate 80 and Scott Boulevard. MidAmerican Energy Company owns a 3.76 acre tract of land on which the substation is located and the proposed substation improvements can also be located within this tract. The original substation was built in 1972 and received approval from the City Board of Adjustment to allow for its construction as a special exception in its then Agricultural District Zoning Classification. CONNOLLY O'MALLEY LILLIS HANSEN & OLSON LLP May 21, 2003 Page 2 Some time subsequent to the initial construction, the property was rezoned to an ID-ORP District Classification. Neither the ID District nor the ORP District permits utility substation facilities to be located therein. Recent demands and projected growth in this area of the community have indicated to MidAmerican Energy Company that reconstruction and expansion of this substation should be completed. Such reconstruction and expansion can be completed entirely within the existing tract of land that MidAmerican Energy Company owns; however, permission to do so within your zoning ordinance must be obtained. MidAmerican Energy Company is requesting this matter be expedited for consideration so that they may complete the ordinance amendments; proceed to the Zoning Board of Adjustment, and begin construction during the Autumn of 2003. We request that you set this matter for consideration June 5, 2003, and you hold hearing to make recommendation to the City Council on June 19, 2003. We will be asking the City Council to set public hearing on this matter for June 24th at their meeting of July 10, 2003. We will be present at your meetings to answer any questions you may have with regard to this request. Thank you for your consideration. Sincerely, pc - Christopher R. Pose For the Firm CRP:cs cc: Terry R. Fox Steve Haacke Doug Thomer