HomeMy WebLinkAbout12-16-2004 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION
Monday, December 13, 2004 — 7:30 PM
Informal Meeting
Robert A. Lee Community Recreation Center
Meeting Room B
220 S. Gilbert Street
Thursday, December 16, 2004 - 7:30 PM
Formal Meeting
Iowa City City Hall
Emma J. Harvat Hall
410 E. Washington Street
AGENDA:
A. Call to Order.
B. Public Discussion of Any Item Not on the Agenda.
C. Rezoning/Subdivision Items:
1. REZ04-00005/SUB04-00006 Discussion of an application submitted by Plum Grove Acres, Inc. for a
rezoning from Medium Density Single Family Residential (RS-8) zone to Sensitive Areas Overlay
(SAO/RS-8) zone and a preliminary Planned Development Housing Plan and a preliminary plat of
Olde Town Village, a 33.21 acre, residential and commercial subdivision that will allow 10 commercial
lots and 62 dwelling units on 32 lots and for property located south of Rochester Avenue, east of Scott
Boulevard, and north of Lower West Branch Road.
2. REZ004-00017/SUB04-00017 Discussion of an application submitted by Third Street Partners for a
rezoning from Low Density Single Family Residential (RS-5) zone to Planned Development Housing
Overlay — Low Density Multi -Family Residential (OPDH-5) zone and a preliminary plat of Village
Green, Part XXIII and XXIV, an 83-lot residential subdivision on 25.67 acres of property located on
Wintergreen Drive.
D. Annexation Items:
1. ANN04-00001/REZ04-00030 Discussion of an application submitted by James Davis for a
comprehensive plan amendment, voluntary annexation of approximately 50.40 acres and a rezoning
from County Al, Rural, to CI-1, Intensive Commercial (44.86 acres), Commercial Office (2.56 acres)
and RR-1, Rural Residential (2.96 acres) for property east of Kitty Lee Road, north of Highway 1, and
west of Highway 218.
2. ANN04-00002 Discussion of an application submitted by the City of Iowa City for a proposed
severance of approximately 194 acres of land from the Iowa City corporate limits, to allow these
properties to be annexed to the City of Coralville. This property is adjacent to Camp Cardinal Road.
E. Comprehensive Plan Item:
Consider setting a public hearing for January 6 on an amendment to the Comprehensive Plan to
amend the Southwest District Plan to change the land use designation from Large Lot/Rural
Residential to General and Office Commercial for property located North of Highway One, West of
Highway 218 and east of Kitty Lee Road.
F. Other Items:
G. Consideration of the December 2, 2004 Meeting Minutes.
H. Adjournment.
Upcoming Planning & Zoning Commission Mpptinas-
Informal
January
3
January
17**
January
31
Febr uary
14
February
28
Formal
January
6
January
20
February
3
February
17
March
3
**January 17 Informal Meeting is cancelled due to Martin Luther King Jr. Day.
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ04-00005/SUB04-00006
Olde Towne Village
GENERAL INFORMATION:
Applicant:
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45-day Limitation Period
Prepared by: Robert Miklo
Date: December 16, 2004
Plum Grove Acres, Inc.
C/o Kristen Fry
920 S. Dubuque Street
Iowa City, IA 52240
MMS Consultants, Inc.
1917 S. Gilbert Street
Iowa City, IA 52240
Phone: 351-8282
Rezoning from RS-8 to SAO-8 and
approval of preliminary plat.
To create a 10-lot commercial subdivision
and a 39-lot residential subdivision and a
62-unit Planned Development Housing
Overlay.
South of Rochester Avenue, east of Scott
Boulevard, north of Lower West Branch
Road
33.21 acres
Undeveloped, RS-8 and CC-2
North: Agricultural, ID-RS and County RS
South: RS-5; residential
East: Residential and Agricultural, County
RS
West: Residential, RS-5 and OPDH/RS-12
Commercial, residential and open space
November 9, 2004 (Complete application
not yet submitted)
Not applicable until complete application
submitted
E
BACKGROUND INFORMATION:
This property was annexed into the City in 2001. At that time it was zoned Community
Commercial (CC-2) and Medium Density Single-family Residential (RS-8) with a Conditional
Zoning Agreement that provide specific requirements to guide the development of the property.
Approximately 10 acres is zoned CC-2 and the remaining 21 acres is zoned RS-8. The RS-8
portion of the property currently has approximately 3.92 acres of regulated wetlands and two
sewage lagoons that were used for the Iowa City Care Facility.
The conditions contained in the Conditional Zoning Agreement are:
a. Applicant agrees that preliminary and final plats and site plans for the eventual development
of this property will demonstrate compliance with the neighborhood design policies
contained within the Comprehensive Plan, including the Northeast District Plan, and that the
City will take these policies into consideration during its review of said plats and plans.
b. Applicant agrees that the CC-2 property shall develop in general conformance with the
concept plan attached hereto and incorporated herein. Any subdivision or site plan shall
generally conform to this concept plan and shall be designed to create a Main Street or
Town Square style commercial center. The commercial center shall be designed with a
pedestrian orientation incorporating such features as on -street parking, parking lots behind
buildings, minimal or no building setback from sidewalks and upper floor residential uses.
c. Applicant agrees that prior to the development of the RS-8 property, the applicant or future
property owner shall submit and obtain approval of a Planned Development Housing
Overlay (OPDH), which will adhere to the neighborhood design policies of the
Comprehensive Plan, including the Northeast District Plan.
d. Prior to any plats or development being approved on the property with frontage on Lower
West Branch Road or within 500 feet of Lower West Branch Road, the reconstruction of
Lower West Branch Road must be in a funded year in Iowa City's Capital Improvements
program. Additionally, prior to any plats or development being approved for the property
with frontage on Lower West Branch Road or within 500 feet of Lower West Branch Road,
the Applicant must contribute funds toward the reconstruction of Lower West Branch Road
to the City. The Applicant agrees that the amount of funds to be contributed by Applicant to
City toward the reconstruction of Lower West Branch Road is $86,652.
e. Applicant agrees to dedicate to City 45 feet of right-of-way south of the centerline of
Rochester Avenue along Rochester Avenue.
f. Applicant agrees to dedicate to City 33 feet of right-of-way south of the centerline of Lower
West Branch Road along Lower West Branch Road.
g. Applicant agrees to install curb and gutter and an 8-foot wide sidewalk on the south side of
Rochester Avenue in conjunction with the development of the CC-2 property. Applicant
agrees that it shall bear all expense for these improvements and said improvements shall
be constructed in accordance with the City's specifications.
h. Applicant agrees to provide an easement for a sewer main to serve the Iowa City Care
Facility property.
The applicant is now requesting approval of the preliminary plat for the commercial portion of
the property and a preliminary plat and OPDH plan for the residential portion of the property.
The property also contains a jurisdictional wetland and is subject to the requirements of the
Sensitive Areas Ordinance.
ANALYSIS:
The primary purpose of this application is to review the design of the development to ensure
conformance with the Conditional Zoning Agreement (CZA) and the Comprehensive Plan
neighborhood design concepts, as discussed below. The plan's conformance with the
_t3
requirements of the Zoning Chapter and other Subdivision Regulations must also be evaluated.
Comprehensive Plan: The Comprehensive Plan including the Northeast District Plan contains
a number of neighborhood planning principles that apply to this case as detailed below.
Preserve natural features: The Northeast District Plan recommends that natural features be
preserved. The applicant has provided an analysis of the existing wetlands located on this
property and has proposed a plan for the removal and remediation of the sewage lagoons,
mitigation of previously filled wetlands and enhancement of existing wetlands. The plan creates a
cascading series of shallow wet -bottom basins that will provide for the treatment of storm water
runoff, allow for removal of the sewage lagoons, improve the state of the existing wetland, and
create a diverse habitat. This will result in a 6-acre wetland conservation easement and storm
water management area that will be the focal point of the neighborhood. As recommended by the
Northeast District Plan, the public streets adjacent to this open space will be single -loaded
(development on only one side) to protect the wetland and provide views of the enhanced natural
feature. Staff believes that this plan conforms with the policies of the Comprehensive Plan and
the Sensitive Area Ordinance requirements for wetlands.
Encourage a reasonable level of housing diversity The proposed plan provides for three housing
types; multi -family townhouses -style buildings, attached zero -lot line dwellings and detached
single-family lots. The Comprehensive Plan also discusses the importance of design when smaller
lots and multifamily buildings are proposed. Where townhouses, zero -lot line and small lots are
used, vehicular access should be from a rear alley or designed in such a way to minimize paving
in the front yard and to emphasize the residential aspects of the buildings. This allows dwellings
located on narrower lots to be incorporated into the neighborhood in a manner that does not
diminish the residential character of the neighborhood. Sufficient variety in the fagade design
should also be provided to ensure the streetscape does not become monotonous.
Lots 1-4 contain 27 townhouse -style multi -family units. The proposed townhouses face onto Scott
Boulevard and Olde Towne Road and have garages that will have access from private alleys.
The OPDH regulations require that elevation drawings be submitted if multi -family buildings are
to be approved in an RS-8 zone. These should be submitted prior to the Commission's vote on
this application. The architectural design of the townhouses should be sufficiently varied to
prevent the appearance of a monotonous streetscape.
The proposed zero -lot line dwellings are located on Westbury Court and Glastonbury Street. The
OPDH plan illustrates that the buildings will be placed on the lots so that the garage is set back
from the facade of the dwellings or at a minimum flush with a porch located at the front of the
dwellings. Notes on the plan provide other details regarding the design of the zero -lot line
dwellings. In staffs view the placement the zero -lot dwellings will conform to the policies of the
Comprehensive Plan.
Single family lots are proposed on Thornbury Avenue on the eastern portion of the property and
along Lower West Branch Road on the south. In staffs opinion the location and size of these lots
provides a good transition to the existing single family development in the area and the mix of
housing types conforms with the Northeast District's Plan recommendation for reasonable
housing diversity.
Build streets that enhance neighborhood quality: Features that are recommended in the Northeast
District Plan that have been included in the design of Olde Town Village are: use of a modified
grid pattern, narrower streets where appropriate and single -loaded streets that provide for scenic
vistas to the wetland'conservation area. An 8-foot wide sidewalk is shown along the east side of
Westbury Drive to provide pedestrian access from adjacent neighborhoods to the commercial
area. Overall, staff feels that the proposal complies with this Comprehensive Plan principle.
4
Variations from Zoning and Subdivision Requirements:
As part of the approval of this OPDH plan the applicant is seeking modification of the zoning
requirements to allow the proposed multi -family townhouse -style buildings on lots 1-4. As noted
elevations drawing must be submitted for these buildings. Provided that the buildings have a
variety of facades, staff believes that these modifications of the RS-8 zone will be in conformance
with the Comprehensive Plan and the intent of the OPDH regulations.
The plan also proposes a reduction of street width from 28 feet to 26 feet for Glastonbury Street,
Westbury Court and Thornbury Avenue. Both Thornbury and Westbury Court will be short non -
through streets. Glastonbury Street will have lots only on the north side. For these reasons Staff
believes the narrower street are appropriate in these locations.
Sensitive Areas:
This property contains a jurisdictional wetland. Much of the wetland is currently of low quality. It
has been previously disturbed by farming, filling and the installation of sanitary sewage lagoons
that serve the Iowa City Care Facility (the Care Facility will be connected to the City's sanitary
sewer treatment system). As part of this development the applicant proposes to impact 1.76
acres of wetlands. The applicant proposed to mitigate for this disturbance by reconstructing and
enhancing other areas of the existing wetlands. The sewage lagoons will be removed and the
area graded and planted to serve as part of the wetland complex. Based on staffs review of the
Wetlands Mitigation Plan, we believe that although some low quality wetlands will be further
disturbed, the resulting wetlands will be larger and of a better quality. The Army Corp of
Engineers will need to approve the applicant's plan. Excerpts from the Wetlands Mitigation Plan
are attached.
Commercial Subdivision:
The Conditional Zoning Agreement requires that the commercial zone be in general conformance
with the concept plan that was approved when this area was rezoned in 2001. The Northeast
District Plan recommends that this neighborhood commercial center be developed in a main street
or town square design that ensures its compatibility with the surrounding neighborhood. This
includes incorporating features such as on -street parking and locating parking lots behind
buildings. The proposed layout of the streets in the commercial zone conforms with these
requirements of the CZA. At the time of building permit approval for the individual lots, the site
plans will also need to show conformance with the CZA.
Open Space:
The subdivision and OPDH regulations require the dedication of %2 an acre of neighborhood open
space or fees in lieu of dedication for this development. Because Outlot A, the wetland
conservation easement, is the storm water facility for this subdivision and because it will require a
high level of maintenance, it is unlikely that the Parks and Recreation Commission will wish to
have it dedicated as public space. The Parks and Recreation Commission will review this
development at their next meeting. If they choose not to accept the storm water easement and
wetland conservation easement, fees in lieu of dedication should be addressed in the legal papers
for the final plat.
Development fees:
A water main extension fee of $395 per acre will be required for this development. The sanitary
sewer fee is $1263 per acre. As required by the CZA the applicant will contribute $86,652 towards
the improvement of Lower West Branch Road, which will provide vehicular access to the southern
portion of this development. (The reconstruction of Lower West Branch Road is in the year 2009
of the Capital Improvement Plan.) These fees should be addressed in the legal papers for the final
plat.
61
STAFF RECOMMENDATION
Upon resolution of the deficiencies noted below, staff recommends that REZ04-00005 and
SUB04-0006 an application submitted by Plum Grove Acres, Inc. for a rezoning from Medium
Density Single- Family Residential (RS-8) zone to Sensitive Areas Overlay (SAO/RS-8) zone and
a preliminary Planned Development Housing Plan and a preliminary plat of Olde Towne Village, a
33.21-acre, residential and commercial subdivision that will allow 10 commercial lots and 62
dwelling units on 32 lots for property located south of Rochester Avenue, east of Scott Boulevard,
and north of Lower West Branch Road be approved.
DEFICIENCIES AND DISCREPANCIES:
1. Sketches that illustrate the design of multi -family buildings need to be submitted.
2. Staff received a revised plan on December 8th — the City Engineer is reviewing the plan and
may identify additional technical items that will need to be corrected.
ATTACHMENTS:
1. Location map
2. Preliminary Plat and SAO Plan
3. Excerpts from Wetland Mitigation Plan
Approved by: <7
Karin Franklin, Director,
Department of Planning and Community
Development
WETLAND MITIGATION PLAN
OLDE TOWNE VILLAGE SUBDIVISION
IOWA CITY, JOHNSON COUNTY, IOWA
EXECUTIVE SUMMARY
MMS Consultants, Inc. contracted by Plum Grove, Inc., delineated the palustrine; flat; emergent;
persistent and non -persistent wetlands along two drainage ways in the Olde Towne Village
Subdivision in the northwest quarter of Section 7, Township 79 North, Range 5 West in Iowa
City, Johnson County, Iowa. The attached site map in Figure 1 shows the location of the
property. A total of 3.92 acres of wetland were delineated and 0.30 acre of filled wetland
identified by Judy Krieg and Gail Clingerman on July 5t', 2000.
The objective of the current project is to create a commercial and multi -family residential
subdivision in the northeastern part of Iowa City, Johnson County, Iowa. This project involves
creation of lots, removal and remediation of two currently functional sewage lagoons,
construction of three public streets, and two private streets. Proposed development activities will
impact 1.76 acres of wetland. However, an additional 0.30 acre of wetland, from a previous
inadvertent impact is included in the total wetland impacts. Total wetland impacts are 2.06 acres
which will be offset by a 5.63 acre proposed wetland mitigation complex.
PURPOSE
The purpose of this mitigation project is to replace the functions and values of the wetlands lost
through the proposed permanent filling of 2.06 acres of wetlands. The impacted wetlands have
groundwater recharge, sediment and nutrient retention, flood flow retention and alteration, and
wildlife habitat functions. Each of these functions will be created or enhanced within the 5.63
acre proposed wetland mitigation area.
MITIGATION SUMMARY
The proposed mitigation plan includes the sensitive design and construction of a series of
cascading basins. These basins will be positioned both within the existing wetland area and the
area containing two functioning sewage lagoons. Initial storm water from the surrounding
development will flow into the most northern, primary basins and then drain into secondary and
tertiary basins. The entire 5.63 acre site will be considered the mitigation area, with only a
portion of the area providing initial storm water storage and treatment.
The wetland areas of the site will be seeded with emergent wetland and wetland seed mixtures,
the bermed areas will be planted with a tree and shrub combination and the perimeter of the site
will be seeded with an upland buffer seed mixture.
PROPOSED GRADING PLAN AND CONSTRUCTION METHODS
Overall site activity will include placement and compaction of fill material within the boundaries
of this property. Permanent impacts to Waters of the United States will be caused by the filling
of 2.06 acres of drainage way wetland through the proposed development activities. Mitigation
activities will include the construction of basins and small berms within the mitigation site that
will help to control and detain the hydrologic site components. Approximately 15,000 cubic
yards of native soils will be deposited within the delineated wetland boundaries.
Six basins will be constructed within the area designated as the mitigation site (Figure 2). Basins
A and B will be the only basins to directly collect storm water runoff from the adjacent
developments. Basins C and D will be the secondary basins into which treated storm water will
flow. Finally, basins E and F are the tertiary basins that will release to the outlet stream. This
design not only uses the existing hydrology but accounts for future hydrologic changes as
development In
proceeds. addition, it provides an innovative way to treat storm water in a
topographically challenging property, make use of the existing sewage lagoon berms, provide
on -site mitigation and protect the outlet stream from further degradation.
Since the design proposes to construct wetland basins, measures will be taken to protect and
minimize the amount of impact to the outlet stream. Erosion control measures, such as silt fence
and erosion control matting will be employed where necessary.
PROPOSED VEGETATION PLAN
Proposed Seeding Plan
The entirety of the disturbed bank and small catch basin areas will be seeded immediately after
final grading with a temporary stabilization mix consisting of Virginia wild rye (Elymus
virginicus) Canada wild rye (Elymus canadensis) and agricultural oats. Silt fence, erosion
control blankets and temporary seeding will be used to minimize erosion into the outlet stream
and the newly constructed adjacent wetlands until the areas are stabilized with vegetation.
An emergent wetland seeding mixture will be planted in the bottom of the basins, as depicted on
the mitigation plan (Figure 3). A secondary wetland seed mix will be planted in the areas outside
of the emergent zone. Wetland tree and shrub species will be planted along the berms of the
basins, as identified in Figure 3. The buffer area surrounding the basins will also be seeded with
an upland native seed mix.
Wetland seeding will consist of the following:
EMERGENT WETLAND
The lowest portions of the wetland basins will be seeded with the following wetland species.
The existing top 12-18" of soil will be removed from the wetland site and the basins, to aid in the
removal of the reed canary grass and other invasive species. This will also provide an
opportunity for newly seeded species to become established.
STAFF REPORT
NOTE: A revised plan was submitted on Friday December 10. Given its late arrival staff
has not been able to complete a review of the application.
To: Planning and Zoning Commission Prepared by: Robert Miklo
Item: REZ04-00017/SUB04-00017 Date: December 16, 2004
Village Green Parts 23 & 24
GENERAL INFORMATION:
Applicant: Third Street Partners
P.O. Box 209
Iowa City, IA 52244
Contact Person: MMS Consultants, Inc.
1917 S. Gilbert Street
Iowa City, IA 52240
Phone: 351-8282
Requested Action: Rezoning from RS-5 to OPDH-5;
Approval of preliminary plat
Purpose: To create an 83-lot subdivision
Location: Wintergreen Drive
Size: 25.67 acres
Existing Land Use and Zoning: Vacant, RS-5
Surrounding Land Use and Zoning: North: OPDH-5; residential
South: 1-1; Industrial
East: OPDH-5; residential
West: RS-5; residential
Comprehensive Plan: 2-8 dwelling units per acre
File Date: December 10, 2004
45-day Limitation Period January 24, 2004
BACKGROUND INFORMATION:
This property has an underlying zone of RS-5, Low Density Single Family. In 1993, a Planned
Development Housing Overlay was approved to allow the clustering of zero lot line dwellings on
the eastern portion of this property. The 1993 rezoning approval was part of a larger OPDH plan
for Village Green South. The applicant acquired this property in the past few years and is now
requesting a rezoning to amend the OPDH plan to allow an increase in the number of zero lot line
units. The proposed amendments would increase the number of zero lot line lots from 30 to 62.
The number of detached single-family lots would decrease from 35 to 21 lots. This results in an
increase of 18 units when compared to the original plans for this area.
2
ANALYSIS:
The underlying RS-5 zone allows detached single-family dwellings on lots that are a minimum of
60 feet wide and a minimum of 8,000 square feet of lot area. The OPDH zone allows for
modification of underlying zoning requirements such as lot area, lot width and building type, to
encourage innovative or unique designs that are better suited for an area than conventional
development.
The applicant is proposing to use an alley through the center of this development to create
narrower lots than could be achieved if each lot had a driveway onto the street. The use of the
alley may help to create an increase in density without diminishing the residential character that is
the intent of the underlying RS-5 zone. The application includes two building designs for Lots 85
to 131. Staff is concerned that this many lots with just two designs will result in a monotonous
streetscape. If the proposed increase in density is to be approved staff recommends that a
variety of fagade designs be required for the zero -lot line dwellings. The OPDH plan also
proposes to reduce the front yard set back from 20 feet to 5 feet for these lots.
Lots 65-84 and 132-135 are also slated for attached zero lot line dwellings, however access is
provided from the streets. These lots are generally only 45-feet wide. It will require careful
planning to place dwellings on these lots so that the front yard is not dominated by paving. It is
also important that these dwellings be designed to be compatible with the proposed narrow lot -line
dwellings proposed on the other side of the street. Sufficient variety in the fagade design should
also be provided to ensure the streetscape does not become monotonous.
Lots 136 to 147 are conventional RS-5 lots. Lots 105 to 110 are slightly smaller or slightly
narrower than the standard 60-foot wide 8,000 square feet required in the RS-5 zone. Staff is
concerned the lot 105, a corner lot, is too narrow given that it will be required to have two 20 foot
front yards. Corner lots are generally wider to accommodate this requirement. Staff recommends
that one of the lots on the north of Sterling Drive be eliminated to allow each of these lots to meet
the 8,000 square foot and 60-foot wide minimums of the RS-5 zone.
The introduction of the alley may make it possible to increase the density of this development but
still allow for the residential character intended by the RS-5 zone. Staff is concerned that some of
the details of this proposal need to be refined to assure that the plan meets the policies of the
Comprehensive Plan and requirements of the OPDH regulations. Staff will work with the applicant
to address these concerns to the extent possible before the Commission's December 16 and
January 6 meetings.
STAFF RECOMMENDATION:
Staff recommends that this application be deferred to allow a more complete review
ATTACHMENTS:
1. Location Map
2. Preliminary plat and OPDH plan
Approved by:
Karih Franklin, Director,
Department of Planning and Community Development
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STAFF REPORT
To: Planning and Zoning Commission Prepared by: John Yapp
Item: ANN04-00001/REZ04-00030 Date: December 16, 2004
Davis property annexation
GENERAL INFORMATION:
Applicant: James Davis
4097 Kitty Lee Road
Iowa City, IA 52240
Requested Action:
Comprehensive plan amendment,
annexation and rezoning
Purpose:
To allow for land to be annexed into Iowa
City, receive municipal services and
develop at urban densities. To allow for a
rezoning to CC-2 (18.18 acres); CI-1
(18.10 acres); CO-1 (11.12 acres) and
RR-1 (2.98 acres).
Location:
North of Highway 1, west of Highway 218,
east of Kitty Lee Road
Property Size:
Annexation area: 62.39 acres
Rezoning area: 50.40 acres
Existing Land Use and Zoning:
Undeveloped; County Al
Surrounding Land Use and Zoning:
North: Residential and undeveloped;
County Al and RS;
South: Highway 1
East: Highway 218
West: Residential and Agricultural;
County RS
Comprehensive Plan:
Southwest District Plan shows this area
as rural residential
File date:
December 9, 2004
45-day limitation period:
January 23, 2005
IN
SPECIAL INFORMATION:
Public Utilities:
Public services:
Transportation:
Sensitive Environmental Areas:
BACKGROUND INFORMATION:
City water and sewer will be made
available upon annexation. The property
owner will be responsible for extending
water and sewer lines, and providing a
sewer lift station for sewer service.
Police and fire protection will be provided
by the City upon annexation; private
refuse collection is required for
commercial properties.
Access to the area will be via Highway 1
with secondary access via Kitty Lee Road.
No public transit extends to this property.
The Sensitive Areas Inventory Map shows
a potential wetland on the property
proposed for annexation that will need to
be addressed when a development plan
is submitted. The Map also shows
potential steep slopes on the property.
This property is owned by James Davis, Robert Davis, and Jan E Smith, who are represented
by James Davis. They have applied for voluntary annexation to Iowa City, as well as a
Comprehensive Plan amendment and rezoning from County Al, Rural, rezoning to CC-2
(18.18 acres); CI-1 (18.10 acres); CO-1 (11.12 acres) and RR-1 (2.98 acres). A
Comprehensive Plan amendment is required due to the Southwest District Plan land use map
identifying this area as Rural Residential.
ANALYSIS:
COMPREHENSIVE PLAN AMENDMENT
The Southwest District Plan land use map shows this land as large lot / rural residential. While
the plan does not elaborate on the rationale behind this designation, staff recalls this low
density designation was given to the area due to the lack of sewer capacity in this area to serve
anything but large lot rural residential development. The City recently improved the capacity of
the sanitary sewer line that serves the Escort Lane / Naples Avenue commercial properties on
the south side of Highway 1, south of this property. The applicant has proposed a sanitary
sewer lift station to bring sewer capacity to the property proposed for annexation; this will allow
it to be developed to urban densities.
While the 1997 Iowa City Comprehensive Plan identified the area around the Highway 218 /
Highway 1 interchange as being appropriate for commercial development, the Southwest
District Plan supersedes the 1997 Plan. Therefore, the Southwest District Plan will need to be
Wrezonings\Davis annexation.doc
3
amended in order to justify rezoning this property to any designation other than Rural
Residential. The applicant has submitted five reasons (see attached letter) providing
justification for designating this property as commercial in the Southwest District Plan. The
applicants comments are in bold; staff comment is in regular font.
1. Located at the busy intersection of Highway 1 and Avenue of the Saints, U.S. 218.
This lends itself to commercial more than residential. The land has good access to
this interchange. Most all of the property lies adjacent to the exit ramp on U.S. 218
and the northern border of Highway 1.
Staff agrees that properties with frontage on one of the two highways are more
appropriately zoned commercial due to visibility and access. The buffer shown on the
Southwest District land use map indicates it is not desirable for residential development
with frontage on the highways at this interchange. With sewer capacity being brought to
this property, rural residential development becomes an under -utilization of this property.
2. All other properties surrounding this interchange are commercial.
All the other quadrants of this interchange are zoned commercial, and have city services. It
has long been a policy of the City, as enumerated in the 1997 Comprehensive Plan, that
the Highway 218/Highway 1 interchange is designated as appropriate for commercial
development, while the Highway 218/Melrose Avenue interchange is appropriate as a
residential/institutional interchange. This is due to Melrose Avenue being a predominately
residential and institutional arterial street corridor.
3. Most of the property located south of Highway 1 across from this land has been
annexed into Iowa City and is zoned commercial.
The properties on the south side of Highway 1, east of Naples Avenue, are annexed into
Iowa City and are zoned commercial. The properties west of Naples Avenue are
commercial, but are not annexed into Iowa City.
4. We will work with you to provide a buffer for the residential area to the west.
With commercial zoning on these properties, a buffer and/or transition to the existing and
future residential properties will become very important to mitigate potential negative
externalities from urban commercial development on this property.
S. The Large Lot Residential zone, as currently illustrated and described in the SW
Area Plan, is less than desirable in the vicinity of the Highway 218/Highway 1
intersection.
With a plan to bring sanitary sewer service to the property, staff agrees with the applicant
that commercial zoning would be appropriate for the property, provided there is an
adequate transition and a buffer that includes landscaping between the commercial
property and the planned residential properties, and the existing residences along Kitty Lee
Road.
Wrezonings\Davis annexation.doc
ANNEXATION
The annexation policy in the Comprehensive Plan states that annexations are to occur
primarily through voluntary petitions filed by property owners. In addition the Comprehensive
Plan establishes three criteria under which to review annexation requests.
1. The area under consideration for annexation falls within the adopted long range
planning boundary.
The area proposed for annexation falls within the adopted long range planning boundary in
southwest Iowa City.
2. Development in the area proposed for annexation will fulfill an identified need
without imposing an undue burden on the City.
Part of the City's economic development policy is to support actions that will build the City's
tax base. The City is prepared to provide municipal services upon annexation and
development. There will be minimal cost to the City in extending fire and police protection
and street maintenance services. The developer is responsible for extending infrastructure
into the property.
3. Control of development is in the City's best interest.
Given that this property is within the City's growth area, and is located at a strategic high -
volume interchange, control of development at this location is in the City's best interest.
The conditions for voluntary annexation appear to have been met. The Comprehensive Plan
states it is the intent of the City to look favorably on voluntary annexation proposals within the
designated growth area.
Kitty Lee Road
Normally the property line will be synonymous with the centerline of a County secondary road,
and the property would be annexed to the centerline of the road. In this case, however, the
applicant owns approximately 15 feet of the 66-foot roadway easement. State of Iowa staff are
comfortable with the City annexing just the approximate 15 feet of the easement controlled by
the applicant, as long as the City and the County enter into a 28E agreement (agreement
between governments) regarding maintenance responsibilities for Kitty Lee Road. This
agreement will need to be finalized before the proposed annexation is forwarded to the State.
Two Mile Fringe Area
The Fringe Area Agreement between Johnson County and Iowa City states that "As
appropriate and necessary, the City may extend the two-mile extraterritorial plat review area.
Prior to any such extension, the City will forward to the County a proposal which includes the
extension of the City's plat review authority for any distance up to the two mile limit provided by
State law. The County will have a specified time within which to respond in affirmative
UArezonings\Davis annexation.doc
5
agreement, negatively or with an alternative proposal. The City will take the County's response
under advisement when determining the extension of extraterritorial review."
A map of the area that would be affected if the two-mile fringe area were extended is attached.
Given that this area is well outside the growth area of the City, and is not in a traffic corridor
where there may be public interest in the City extending its review authority, staff does not feel
it is necessary to extend the City's two-mile fringe area in this case.
REZONING
Commercial Zoning
As discussed in the Comprehensive Plan Amendment section of this report, with the
availability of municipal sanitary sewer for this property, commercial zoning is a more
appropriate land use for properties adjacent to this interchange of two highways. There is a
symbiotic relationship between commercial development and high -volume highway
interchanges, particularly where there is already other commercial development in the other
quadrants of the interchange. The land abutting the interchange is not as conducive to
residential development due to the traffic noise and lights associated with highway
interchanges.
The applicant has proposed approximately 18 acres of Community Commercial (CC-2)
zoning, and 18 acres of Intensive Commercial (CI-1) zoning. The concept plan indicates
approximately 10 CC-2 lots will be created; CC-2 zoning at a highway interchange will likely
result in restaurants, retail businesses, and auto -oriented convenience stores and shops
(auto -oriented uses are permitted by special exception in the CC-2 zone). The concept plan
indicates the CI-1 zoning area will be reserved for one large user, accessed by a pair of new
streets. With proper attention paid to the transition of this commercial area to the properties
to the north and west, staff considers commercial zoning at this interchange to be the best
use of the land.
The northern property on the north side of Olde Oak Lane (a private street) is proposed to
be Rural Residential, RR-1, zoning. Since this property will not immediately have City
services, nor have access from a city street, rural residential zoning is appropriate. The
property is currently undeveloped and unoccupied.
Transition to residential and rural properties
One concern staff has in how commercial development in this location will impact existing
residents along Kitty Lee Road to the north, and future residents to the west. One way to
transition commercial development to residential development is to locate lower intensity
office commercial at the north end of the property. Office commercial development generally
attracts less traffic, and is quieter in the evenings and on weekends. The applicant has
incorporated 11.12 acres of Office Commercial (CO-1) zoning at the north end of the
development, including the existing pond (stormwater management area), and the concept
plan indicates this will result in three office commercial development lots.
Another way to mitigate the impact of commercial development is to construct a landscape
buffer/transition area to screen the view of the commercial development. This is an issue on
the north end of the development, and also along the east side of Kitty Lee Road where
UArezonings\Davis annexation.doc
A
there may be an abrupt change from the commercial development on the east side of the
road, and the agricultural/rural residential uses on the west side of the road. On the concept
plan, the applicant has proposed a landscaped buffer along the north and west perimeter of
the CO-1 area, a double row of trees. While the concept plan shows a 35-foot buffer, the
applicants engineer has requested language be included in a Conditional Zoning Agreement
committing the developer/subdivider to a double row of trees, not necessarily a 35-foot wide
landscape easement.
Depending on the use and site design of the commercial properties abutting Kitty Lee Road,
staff is concerned about the appearance of the east side of Kitty Lee Road. It is an abrupt
change from the rural character on the west and north, to the commercial character on the
east side of the road. Staff recommends that language be included in the Conditional
Zoning Agreement that any walls, fences, or paved area be screened from view by a variety
of shrubs and/or trees. The applicant is working on a landscaping concept to present to the
Commission to address this issue.
Transportation and Access
When the property is proposed to be subdivided, the applicant has indicated he will construct
a new road into the property, a northern extension of Naples Avenue, creating a four-way
Highway 1 / Naples Avenue intersection. Because of the commercial zoning anticipated for
the property, it is highly likely a traffic signal will be required at this intersection. Staff has
requested a traffic study of the impact of this development to the Naples Avenue / Highway
1, and Kitty Lee Road / Highway 1 intersections. The traffic study will provide guidance on
appropriate changes to this segment of Highway 1 to accommodate the approximate 47
acres of commercial development, including the need for a traffic signal, turn lanes, and
other potential traffic controls. The Iowa Department of Transportation will also require a
traffic study and permit before the new access will be allowed.
To date, this traffic study has not been received. The percentage of the cost of traffic -
related improvements to be borne by the developer/subdivider should be spelled out in the
Conditional Zoning Agreement prior to City Council consideration of the zoning.
Another requirement that should be included in the Conditional Zoning Agreement is that
direct driveway access to Highway 1 from the commercial properties will not be permitted.
While Iowa DOT would likely not permit direct driveway access, including this expectation in
the CZA will forewarn future property owners of this requirement.
Kitty Lee Road
The applicant's concept plan indicates a future interior street intersecting with Kitty Lee
Road. With this design, the southern 550 feet of Kitty Lee Road will carry commercial levels
of traffic. Staff recommends that Kitty Lee Road be required to be reconstructed to City
collector street standards, including a sidewalk on the east side, to the commercial street
intersection. This standard of street design is appropriate for a street providing access to a
city commercial property. City and County staff will discuss the maintenance responsibilities
for this segment of road, since most of it will still be in unincorporated Johnson County.
North of the commercial driveway, staff is recommending the developer/subdivider be
required to pay funds equaling half the cost of reconstructing this road (the east half) to City
UArezonings\Davis annexation.doc
7
local street standards, from the commercial intersection to the first residential lot, a distance
of approximately 1,075 feet according to the concept plan. Staff's rationale is that generally
streets must be constructed to city standards when development occurs adjacent to them. In
this case development on the west side of Kitty Lee Road is not likely to occur for a number
of years and it would be unfair to place the entire reconstruction cost of the road with the
current developer.
However, at some point in the future, this road will be required to be reconstructed, and it is
appropriate for the adjacent property owner, to whom the City may grant increased
development rights through the rezoning, to contribute toward this cost so the public is not
stuck with the cost.
Infrastructure
When the property is subdivided and developed, the applicant will be required to extend
public infrastructure, including interior public streets, water and sewer lines and stormwater
management facilities. For sewer service, the property will access the sewer line that has
been recently upgraded on the south side of Highway 1, east of Naples Avenue. Due to
topography, a sewer lift station will be required to pump to the sewer main to the south.
While this lift station will be sized to just serve the proposed development at this time, staff is
recommending it be designed with potential to be upgraded to serve the larger watershed.
Once constructed and inspected, the lift station and public sewer lines will be maintained by
the City.
Sensitive Environmental Areas
The Sensitive Areas Inventory Map identifies a potential wetland on this property, as well as
some steep slopes. Before a development proposal or subdivision can be approved on the
property, a wetland delineation report will need to be completed and accepted by the Corps
of Engineers and Iowa Department of Natural Resources, particularly if the pond is proposed
to be utilized for stormwater management, as is anticipated.
STAFF RECOMMENDATION:
Staff recommends that the Comprehensive Plan, specifically the Southwest District Plan, be
amended to identify the undeveloped area east of Kitty Lee Road, west of Highway 218, and
north of Highway 1, as appropriate for commercial development, provided there is a
buffer/transition between the commercial development and the residential properties.
Staff recommends ANN04-00001, an annexation of approximately 62.39 acres of property
located east of Kitty Lee Road, west of Highway 218, and north of Highway 1, and including
abutting Highway 1 right-of-way, be approved.
Staff recommends REZ04-00003, a request to rezone approximately 50.40 acres from
County Al, Rural to CC-2 (18.18 acres), CI-1 (18.10 acres), CO-1 (11.12 acres) and RR-1
(2.98 acres) for property located east of Kitty Lee Road, west of Highway 218, and north of
Highway 1, be approved, subject to a Conditional Zoning Agreement addressing:
Wrezonings\Davis annexation.doc
0
Funding responsibilities for installation of a traffic signal and turn lane
improvements at the intersection of Naples Avenue and Highway 1, and
Kitty Lee Road and Highway 1.
2. Improvements and funding requirements for Kitty Lee Road.
3. Requirements for landscaping and buffering where the commercial
development abuts residential properties and Kitty Lee Road.
4. Access control i.e. no direct driveway access to Highway 1.
5. Requirements for the sewer lift station to be sized to serve the proposed
development with potential to be upgraded to serve the watershed.
ATTACHMENTS:
1. Location map
2. Letter from applicant regarding Comprehensive Plan amendment
3. Annexation exhibit
4. Rezoning exhibit
5. Concept plan for future development
6. Map of two mile fringe area
Approved �
Robert Miklo, Senior Planner,
Department of Planning and Community Development
UArezonings\Davis annexation.doc
J
October 27, 2004
Planning and Zoning Commission
410 E. Washington
Iowa City, Iowa 52240
Re: Change to the Southwest District Plan
To Whom It May Concern:
We are requesting a change in the comprehensive plan for a parcel of land (Exhibit A),
that is currently located in the county and has purposed residential zoning. Our request is
to have the proposed zoning changed to commercial.
Reasons for a change are as follows:
1) Located at the busy intersection of Highway One and Avenue of the Saints, U.S. 218.
This lends itself to commercial more than residential. The land has good access to
this interchange. Most all of the property lies adjacent to the exit ramp on U.S. 218
and the northern border of Highway One.
2) All other properties surrounding this interchange are commercial.
3) Most of the property located south of Hwy One across from this land has been
annexed into Iowa City and is zoned commercial.
4) We will work with you to provide a buffer for the residential area to the west.
5) The Large Lot Residential zone, as currently illustrated and described in the SW
Area Plan, is less than desirable in the vicinity of the 218/Hwy 1 intersection.
Thank you for your consideration.
Sincerely,
V&a 1
Jim Davis
4097 Kitty Lee Rd. SW
Iowa City, Iowa 52240
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CITY OF IOWA CITY
MEMORANDUM
Date:
December 10, 2004
To:
Planning and Zoning Commission
From:
Johh Yapp, Associate Planner
Re:
ANN04-00002, Camp Cardinal Area Severance
Clear Creek Area Master Plan
In May 2002, the City Council adopted by resolution (Res. 02-183) a Memorandum of
Understanding endorsing the Clear Creek Master Plan. This plan envisions the development of
approximately 462 acres north of Melrose Avenue, east of Highway 218, and south of Clear
Creek in Coralville. The proposed development includes residential and commercial uses, with
the commercial development focused along the Highway 218 right-of-way and a commercial
node in the west center of the neighborhood. The remainder of the ground would develop for
residential uses of a variety of types. A future elementary school site will be provided to the Iowa
City Community School District on the east side of the property, near the existing alignment of
Camp Cardinal Road and an extension of Kennedy Parkway. The Commission reviewed and
recommended endorsing the Clear Creek Master Plan in April, 2002.
The Memorandum of Understanding was also adopted by the City of Coralville and includes an
agreement to cooperate on the construction of a new alignment of Camp Cardinal Road. Camp
Cardinal Road will serve as access to this developing area, as well as providing a north -south
arterial street connection between Iowa City and Coralville.
To serve the future development with municipal services, it was also agreed that a portion of the
property in the north part of the area should be severed from Iowa City and annexed to
Coralville. Annexations are also anticipated by both cities for properties owned by Clear Creek
L.L.C. (managed by Southgate Development Company) west of the current Iowa City corporate
limits. The ultimate demarcation between the two cities approximates the line shown on Iowa
City's 1997 Comprehensive Plan Land Use Map as the city's growth area limit. This
demarcation is based on topography, and defines for watersheds best served by the respective
municipalities for gravity sanitary sewer service.
The final severance of these properties will be dependant upon annexation of these same
properties by the City of Coralville. The severance is proposed to be structured this way so
there is not a period of time when the properties will be left unincorporated.
Comprehensive Plan
The proposed severance is consistent with the 1997 Comprehensive Plan, and other past
understandings between Iowa City and Coralville. The Iowa City Comprehensive Plan states:
In 1994 the City of Iowa City and the City of Coralville executed a land use
agreement for property in the overlapping two-mile extraterritorial area between
Iowa City and Coralville. Included in this agreement is a provision for Iowa City to
sever property within the Northwest Planning District, which is currently within the
ANN04-00002, Camp Cardinal Area Severance
December 10, 2004
Page 2
corporate limits of Iowa City in the Clear Creek watershed. This severance is
proposed due to Coralville's ability to provide municipal sanitary sewer to
property within the Clear Creek watershed via a gravity flow system. Iowa City is
unable to sewer the Clear Creek watershed without lift stations... The eventual
corporate limits line between Iowa City and Coralville will be the boundary
between the Clear Creek watershed and the Willow Creek watershed.
Effect on Properties
Five properties are in the proposed severance area, including properties owned by Clear Creek
L.L.C. and the City of Coralville. The effect on these properties upon severance from Iowa City
and annexation to Coralville is that they will be under the political and taxing jurisdiction of the
City of Coralville, and any and all municipal services will be provided by the City of Coralville.
Each property owner has been notified of the proposed severance from Iowa City.
Summary
Severance of these properties from Iowa City due to topographic constraints in providing
sanitary sewer service has long been contemplated. The boundary of the severance area was
determined by an analysis of topography, and conforms to the planned extension of Kennedy
Parkway, which will become the demarcation between the two cities. The severance conforms
to the Comprehensive Plan and existing agreements between Iowa City and Coralville.
STAFF RECOMMENDATION:
Staff recommends that ANN04-00002, a severance of approximately 194 acres in northwest
Iowa City, be approved, subject to the severance resolution not being effective until and unless
said properties are annexed to the City of Coralville.
ATTACHMENTS:
1. Location map
2. Topographic map of severance area
3. Clear Creek area master plan location map
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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ATTACHMENT B
21 DECEMBER 2DM
octabout concept THIS DRAWING IS AT A
SCALE OF 1"=1000
Clear Creek Master Plan
Iowa City & Coralville., Iowa
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION Subject to A:uprova!
DECEMBER 2, 2004 - - ---•- -•-•.I
EMMA J. HARVAT HALL
MEMBERS PRESENT: Beth Koppes, Bob Brooks, Ann Freerks, Don Anciaux, Benjamin Chait, Jerry
Hansen
MEMBERS EXCUSED: Dean Shannon
STAFF PRESENT: Bob Miklo, Mitch Behr, Steve Nasby
RECOMMENDATIONS TO COUNCIL:
Recommended approval, by a vote of 6-0, the amended Northgate Corporate Park Urban Renewal Plan,
as proposed.
CALL TO ORDER:
Anciaux called the meeting to order at 7:32 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None
URBAN RENEWAL ITEM:
Discussion of the proposed amended Northgate Corporate Park Urban Renewal Plan. Miklo said that
Steve Nasby, Community and Economic Development Coordinator was present to discuss this matter.
Nasby said the Northgate Corporate Park Urban Renewal Area was originally adopted by the City Council
in 1999 and noted that "Urban Renewal" is essentially a TIF district. He said that Southgate Development
owns land north of Northgate Drive and requested that the City consider adding it to the existing
Northgate Corporate Park Urban Renewal Area. Nasby noted that staff and the Council Economic
Development Committee looked at this amendment as a proactive approach by getting an economic
development tool in place to facilitate the continued development of the Northgate Corporate Park Area.
Nasby said that the proposed additions to the Urban Renewal Project Area would include the Weiler
parcel (approximately 12 acres), the Jones/Southgate Development Company Parcel (approximately 34
acres) and the Fuhrmeister Parcel (approximately 2 acres). The intent of the Council Economic
Development Committee and supported by staff was to extend the area from the Southgate parcel to
Highway 1 as there had been conversations with Weiler about development. Nasby also said that in the
long-term future of the area Oakdale Boulevard was expected to eventually clip the northeast corner of
the Southgate parcel.
Freerks asked if staff had had several discussions with the property owners. Nasby said that Southgate
had made the request to add their property, but no discussions with the other two property owners had
taken place yet. Staff would make the appropriate notifications to the property owners and because two of
the parcels were currently used for agricultural purposes, the City would need the owners to sign
agreements for including land that is currently in agricultural use. Hansen asked about the current
zoning. Miklo said that the parcels were currently zoned Interim Development.
Hansen asked why rezoning did not come before the TIF. Nasby indicated that the owner was
considering requesting CO-1 of ORDP zoning for the property. Either were compatible with the TIF.
Hansen asked what was the Commission's preview for this type of mandated review and comment. Miklo
said to decide if the proposed lands in the Urban Renewal Plan met the goals of the Comprehensive
Plan. Behr read the charge to the Planning and Zoning Commission from the State Code.
Hansen asked how much of the City was in a TIF district. Nasby said it is about 1.13%. He said Coralville
is 33%. Tiffin is 54% and the County is about 12%.
Anciaux opened public discussion. There was none. Public discussion was closed.
Motion: Freerks made a motion to approve the amended Northgate Corporate Park Urban Renewal Plan,
as proposed. Koppes seconded the motion.
Planning and Zoning Commission Minutes
December 2, 2004
Page 2
Freerks said she felt the proposed amended Northgate Corporate Park Urban Renewal Plan met the
goals of the Comprehensive Plan as outlined in the Introduction section on page 3 of the amended Plan.
She said that the City may need to use tools such as this to be competitive with other communities.
Koppes agreed.
The motion passed on a vote of 6-0.
OTHER ITEMS:
Hansen brought in an article regarding Portland, OR. Miklo will make copies of the article and this item
will be discussed at the next Commission meeting.
CONSIDERATION OF THE NOVEMBER 4. 2004 MEETING MINUTES:
Motion: Hansen made a motion to approve the minutes as typed and corrected. Brooks seconded the
motion.
The motion passed on a vote of 6-0.
ADJOURNMENT:
Motion: Hansen made a motion to adjourn the meeting at 7:50 pm. Chait seconded the motion.
The motion passed on a vote of 6-0.
Elizabeth Koppes, Secretary
Minutes submitted by Candy Barnhill
s:/pcd/minutes/p&z/2004/2004-12-02-04.doc