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Home My WebLink About02-17-2005 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION Monday, February 14, 2005 — 7:30 PM Informal Meeting Robert A. Lee Community Recreation Center Meeting Room B 220 S. Gilbert Street Thursday, February 17, 2005 - 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. Annexation Item: ANN04-00001/REZ04-00030 Discussion of an application submitted by James Davis for a voluntary annexation of approximately 62.03 acres of territory, and a rezoning from County All, Rural, to CC-2, Community Commercial (18.18 acres), CI-1, Intensive Commercial (18.10 acres), CO-1, Commercial Office (10.92 acres), and RR-1, Rural Residential (2.83 acres) for property east of Kitty Lee Road, north of Highway 1, and west of Highway 218. D. Vacation Item: VAC05-00001 Discussion of an application submitted by the City of Iowa City to vacate approximately 19,050 square feet of unimproved Dane Road right-of-way, located north of Mormon Trek Boulevard. E. Other Items: Election of Officers F. Consideration of the February 3, 2005 Meeting Minutes G. Adjournment U coming Plannin & Zoning Commission Meetin s: Informal Februa ry 28 March 14 Aril 4 Aril 18 May 2 Formal March 3 March 17 Aril 7 Aril 21 May 9 City of Iowa City MEMORANDUM Date: February 11, 2005 To: Planning and Zoning Commission From: John Yapp, Associate Planner Re: ANN04-00001/REZ04-00030: MWD Davis property annexation and rezoning A number of issues were raised at the January 20 Commission meeting regarding the impact of the proposed development on adjacent properties and on transportation infrastructure. The applicant's engineer has provided information related to traffic, landscaping, noise, lights and fencing (attached). Staff comments are summarized below. Transportation Infrastructure Traffic Engineering staff have reviewed the traffic impact study for the MWD Davis Addition including a proposed Menards business on the largest lot of the development. The traffic study predicts traffic levels based on assumptions about the character of anticipated development on this property. The Johnson County Council of Governments (JCCOG) Traffic Engineering Planner has provided a memorandum summarizing the results of the study, and the improvements necessary to support traffic generated by commercial development on this property. The Iowa Department of Transportation will also need to review and approve the traffic study, including the proposed improvements, prior to their issuance of an access permit into the property. Staff recommends the infrastructure, including the turning lane and signalization improvements recommended in the traffic impact study, be required prior to an occupancy permit being issued for any lot on this property. If a low traffic volume business is the first to develop and not the largest lot as is anticipated, the signal may not be activated by the City until warranted. Tying the installation of the traffic signal and turning lanes to the occupancy permit, however, is the City's assurance that it will be installed in a timely manner. Based on the percentage of traffic turning into the proposed development on the north side of Highway 1 vs. the percentage of traffic turning to the south at the Naples Avenue/Highway 1 intersection, staff recommends the developer/subdivider pay 90% of the cost of the Highway 1 turn lanes at Naples Avenue and Kitty Lee Road, modifications to the south leg of Naples Avenue, and the traffic signal. It is the request for annexation and zoning for commercial development that is creating the need for additional infrastructure to serve this property. The City will pay the remaining 10% once the improvements are constructed. The developer/subdivider is responsible for 100% of the cost of the north leg of Naples Avenue, the new road into the property. A full copy of the Traffic Impact Study is available upon request. Landscaping The applicant's engineer has prepared a landscaping plan that proposed a double -row of white pine trees along the east side of the residential property lines, and variety of deciduous trees and shrubs along the west and north property line of Lot 2, the 17+ acre lot in the applicant's concept plan. The landscaping along the west and north sides of Lot 2 is depicted as three rows of plantings, with the lowest growing shrubs closest to the public right-of-way, then a row of arbor -vitae in the middle, then a row of trees closest to the property. Once mature, these plantings should do a good job of screening this commercial property. A variety of flood -tolerant species are proposed in the outlot set aside for stormwater management and buffer area. The final landscaping that will be depicted on a site development plan must be generally consistent with the preliminary landscaping plan. The applicant's engineer notes that the landscape buffer is intended to be installed along with other improvements on the property. Staff recommends the perimeter landscaping depicted in the landscaping plan be planted prior to the issuance of an occupancy permit for any property north or west of Naples Avenue extended. On -site landscaping will be planted as each lot is developed. Noise According to City Code, noise related to loading and unloading is restricted before 6:00 a.m. and after 10 p.m. Construction related noise is restricted before 7:00 a.m. and after 10 p.m. Amplified sound is not permitted to be 'plainly audible' across residential property boundaries without first obtaining a sound permit. According to City Clerk staff, sound permits have been granted for temporary events such as block parties and football games, but have not been granted for permanent commercial businesses. If a business is using an amplification system that is 'plainly audible' across residential property lines, it will become an enforcement issue for the City. Please note that some types of amplified sound are exempt including mobile radios and communications, truck warning horns, agricultural activities, and emergency services - related amplification. Lights Several years ago the City established lighting standards for commercial development. A photometrics (lighting) plan is required to be submitted with a site plan, and all parking lot lights must be downcast and screened so they do not shine onto adjacent residential properties. Lights may only emit downward; they are not permitted to emit light upwards into the sky. Lights within 300 feet of a residential property may be mounted no more than 25 feet in height; lights more than 300 feet from a residential property may be mounted no more than 35 feet in height. There can be no more than 1.0 foot-candles of light at any property line adjacent to or across the street from a residential property line (a foot-candle is a unit of measurement equal to the amount of light emitted by 1 candle in a one -square -foot area). Fence According to the applicant's engineer, there is no proposal to add or remove any fencing at the rear of existing residential properties. A wood panel privacy fence is proposed around the lot intended for the Menards business, to go all the way around the outdoor storage yard of the business. While the fence is proposed to be screened by the perimeter landscaping, there will be a number of years before the landscaping has matured to screen the fence structure. Staff recommended that the final design of the fence be submitted with the site plan for the property, and that it be approved by the City. It should provide a visual and noise buffer, and it should be constructed of durable, attractive materials. STAFF RECOMMENDATION: The following recommendation is a summary of the recommendations from the December 16, 2004 staff report, as well as recommendations based on the new information staff has received since then. Please note some of the acreage's have changed slightly since the initial application due changes in land area made by the applicant: Staff recommends ANN04-00001, an annexation of approximately 62.03 acres of property located east of Kitty Lee Road, west of Highway 218 and north of Highway 1, including Highway 1 right-of-way, be approved. Staff recommends REZ04-00030 a request to rezone approximately 50.03 acres of property from County Al to CC-2, Community Commercial (18.18), CI-1, Intensive Commercial (18.10), CO-1, Office Commercial (10.92 acres) and RR-1, Rural Residential (2.83 acres), be approved subject to a Conditional Zoning Agreement addressing: Funding responsibilities for construction of turn lanes and traffic signal improvements as recommended in the traffic impact study, including the developer/subdivider funding 100% of the cost of the north leg of Naples Avenue extended north into the Davis property, and 90% of the cost of turn lane improvements at Naples Avenue and Kitty Lee Road, modifications to the south leg of Naples Avenue at Highway 1, and traffic signal improvements. The City will reimburse 10% of the cost of these improvements upon installation and acceptance by the City. Said improvements are to be installed prior to the issuance of an occupancy permit for any lot in the development. 2. The developer/subdivider reconstructing Kitty Lee Road to City collector street standards from Highway 1 to the northern -most commercial driveway/entrance intersection. 3. The developer/subdivider paying funds equal to Y2 the cost of reconstructing Kitty Lee Road to City local street standards from the northern -most commercial driveway/entrance intersection to the south property line of Lot 1 of RH Davis subdivision Part II. 4. The perimeter landscaping generally depicted on the preliminary landscaping plan dated 1- 27-05 be planted prior to the issuance of an occupancy permit for any lot in the development. 5. The design of any fencing along the west and north boundaries of the commercial lots identified as Lots 1 and 2 on the MWD Davis concept plan being approved by the City as part of site plan approval. 6. Access control i.e. no direct driveway access to Highway 1 from any lot. 7. Requirements for the sanitary sewer lift station to be sized to serve the proposed development with potential to be upgraded to serve the entire watershed. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development ATTACHMENTS: 1. MWD Davis rezoning exhibit 2. February 10, 2005 letter from MMS Consultants 3. February 9, 2005 memo from the JCCOG Traffic Engineering Planner 4. MWD Davis Addition concept plan 5. Graphics depicting recommended improvements from MWD Davis Addition traffic impact study 6. MWD Davis Addition landscaping plan Cease Mina N�oA T REZONING EXHIBIT LEGEND AND NAO�TE� tS wat rOTAMlMEO IOWA \ CITYT IOWA ro �A I�ia��iNe�j Orr u M P��nirr� BOUNDARY owniffinuIrymm PELT PBMPARMD BY — - a - RIMTr� Mlr use iaa \ NO COMIXTAATS DIG James R. Davis, Robert A. Dada Thomas B. ColmCOATa an M L . .... - Lause POINT OF IR17 WO GDHiRT RT. and lam Mien Smith S21 ! 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MUMMMM&T.We FM '� M AItl1RAaIMANS im M1mrOrs�i. ,�u.MEM FM °sY POINT OF I � J► I I �J I It = N $ � .iM 8 t "A.� REZONING EXHIBIT M MMS CONSULTANTS, INC. lows aY, b- Wit =t Mlm MOM -JDM lule/04 eMm0m' CuDff -,N,1 c MWD DAVIS ADDITION IOWA CITY, IOWA o CML 040MEEM o LAND SueAEraes o 0 1AND�o eIMAMI) SSPEMAIJSTTSD PLAM/EAS o C:\5400\5479005\54790057.dwa 19/16/9004 3:26!45 PM CST r z c� z x r a z d Cn c 0 x MMS CONSULTANTS, INC. 1917 S. GILBERT STREET • IOWA CITY • IOWA 52240-4363 OFFICE: 319-351-8282 • FAX: 319-351-8476 (E-MAIL: MMS@MMSCONSULTANTS.NET) February 10, 2005 John Yapp City of Iowa City Planning Department 410 East Washington Street Iowa City, IA 52240 Dear Mr. Yapp.: Robert D. Mickelson L.S. (Retired) Larry R. Schnittjer L.A. Christopher M. Stephan P.E. Glen D. Meisner L.S & P.E. Ronald L. Amelon P.E. James E. Lichty L.S. Duane A. Musser L.A. Randy L. Williams M.C.P. Paul V. Anderson P.E. Edward H. Brinton P.E. Kelly J. Beckler P.E. Lucas C. Newton L.A. Mark A. Stein L.S. Cary J. Solberg P.E. In response to your memorandum dated January 13, 2005, I would like to offer the following information: Landscaping: We are proposing to extend the 35 foot wide landscape buffer easement to the south property line of the southern most existing lot such that the buffer would be behind all of the existing lots. The owner has tried to make contact with the owners of the southern most two lots to try and discuss with them what they are expecting and what they would like to see, but has not yet been able to contact them. He will continue to try and meet with them so that we can address their concerns before the meeting Thursday. The owner plans on planting the landscape buffer trees prior to or in conjunction with the other improvements of the subdivision. Noise: We contacted a representative from Menards and they said that they do use a loudspeaker system for the store and the yard. I believe it plays music most of the time and they do make some announcements as well. They also have a two way radio system in the yard for communication. Menards is typically open from 7 AM to 10 PM and they only take deliveries during store hours. No trucks will be arriving outside of those hours. I believe that the fence that is proposed around the yard as well as the difference in elevation will help keep the noise from the store from affecting the adjacent properties, especially the existing houses. Menards will abide by all city noise ordinances. Lights: Menards will abide by the City's lighting requirements, which should prevent light from being cast outside of the property line. They only use the lights during the hours that they are open, so they will be turned off by 10 PM or whenever they close. Fence: The owner is not proposing to remove or add any fencing at the property line behind the existing houses. He is just planning on leaving whatever fence is there now. Menards will have a fence around the yard and I believe it will be like a wood panel privacy fence. It will be a fairly tall fence and will go all around the yard area of the store, similar to the existing store. a z d b a m John Yapp February 10, 2005 Page 2 of 2 Traffic: The owner is planning on following the recommendations of the traffic study and installing the recommended turn lanes and traffic signals. I don't believe that the copy of the traffic study that I received called for any improvements to the Kitty Lee Road intersection with Highway 1, but I had heard that the study may have been revised to include some improvements at that intersection. We are studying some possible designs that would encourage cars to turn toward the south as they exit Gwendolyn Drive onto Kitty Lee Road instead of turning to the north. At this time we do not have any good ideas as to how to do this. We will continue to try and come up with something to address this issue. Vacation of Olde Oak Lane: We are planning to vacate the old right of way and lots in conjunction with this subdivision. We will continue with this as the subdivision process continues. I hope this addresses some of the concerns that the residents of the area had. We want to continue to work with the neighbors as this process continues as the owner is also a neighbor to this project and the other residents. Let me know if you have any questions or if you need any additional information. Sincerely, Scott B. Pottorff, P.E. MMS Consultants, Inc. TA7 1 00\716200 1 \7162001 Ll .doc r r00 Date: February 9, 2005 To: John Yapp, Associate Planner From: Anissa Williams, JCCOG Traffic Engineering Planner WO Re: Traffic Impact Study review for MWD Davis Addition JCCOG memo As you requested, I have completed a review of the Stanley Consultants Traffic Impact Study for the MWD Davis Addition including Menards. The City of Iowa City Planning and Zoning Commission requested the traffic study be reviewed prior to their consideration of the rezoning of this parcel. The traffic study is also required by the Iowa DOT for their consideration of an access permit. I worked with the consultant as the study was being conducted. The final report is thorough and compiled in an organized format. The conclusions of the study are as follows: A traffic signal at the Naples Avenue intersection will be warranted at 1/3 build -out of the proposed subdivision. Geometric improvements to the Naples Avenue/Highway 1 intersection will be necessary for adequate roadway capacity. These include a Highway 1 souhbound right turn lane, a Highway 1 northbound left turn lane, and a dual left turn lane and through right turn lane on Naples Avenue exiting the development. The added lanes on Naples Avenue on the west side of Highway 1 will require geometric changes on the existing leg of Naples Avenue on the east side of Highway 1, which should be a left turn lane — through/right lane configuration with a median. The existing stop sign control will be adequate at Kitty Lee Road. Geometric improvements at the Kitty Lee Road/Highway 1 intersection will be required, including a northbound Highway 1 left turn lane. The proposed turn lane lengths are as follows: • Southbound Highway 1 at Naples, 12' wide Right Turn Lane; 300' bay length, 15:1 taper • Northbound Highway 1 at Naples, 12' wide Left Turn Lane; 170' bay length, 15:1 taper • Eastbound Naples Avenue (exiting the development), 12' wide Left Turn Lanes; 250' bay length, 8:1 taper • Northbound Highway 1 at Kitty Lee Road, 12' wide Left Turn Lane; 150' bay length, 15:1 taper With these improvements, I believe Highway 1 will operate safely at adequate Level of Service with reasonable delay. If you have any questions, feel free to let me know. Jccogtp/memos/menardsreview. doc FIGURE A-2 I 4J CONCEPT PLAN mmn, novi� anrrTmry IO A CITY, IO A \\ PdALP$iPAR.rkQ..A7:. No Co"WR ANTS IRTC OWNR sUBDIADER M29 ATro$i3EL'' Jamaa R- DkNe, Robert A. DaYIE Ttwn— it tiolrrwn \ tai7 9o0OBJIEAT = 4'9 and Jan Ellet.n mol 9Z1 X IEark•t 6trert mWA C1T7, wwA 62240 a/o Jemes R. Dart► lover City, low• 62246 4097 Kttty Lee Rand �. \ Iowa City, Iowa 52240 —" LEGEND AND_.N.OTES aNaREesoN+L oorrpER, EorpM A - c* 9'IwNN,AYE.. OOI mm I- WLNIICO Q - Lillelifl. aCRIMt IaL D IAf�A7M1 iaa -w • - L•Rwmff OdMIY(SI. F1nno (Ol •MYWI a - o/r kTMam�YMbM /k� Lt Cup 0 nOONpIE'[59MSIL —L9 au . l 7 Rgp IH9t� —--G�IA�R�UK$ I.aYG 2.83 AC 920% m' w w OaEYl4C SCJDC @ R4tT ERrm�a - WOR .rax, w • wRwsE xoao J_-----_-_Eia07TiUMMnm.A°rWlII Mo&A WED VK X [AIlf 0 C1D t - INRK gRYi MR0nt mm mm !l mm AL mmm An a a:Er kl! 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FAX N0, 15632646658 P. 03 KITTY LEE ROAD I , STW I I r I I -- - - - - - - - - - - - ..-------------- - - - - -- I HIGHWAY 1 I I 1 1 I ' OP Simi w WMIDIi4 I MNN IIPVD APVD DATE Stanley COnsdtarym sic DESIGNED ku MENARD INC. SOU NITStc MFNAROS TRAFFIC APPROVED MENARDS- TRAFFIC 'IS Nn REV IMPROVEMENTS AT APPROVED IMPAC I I UUY IOWA CITY, IA KITTY L[C ROAD FIGURE A-.1 0 DATE r NAPLES AVENUE ----------------- I ,, -- - - - - - - - - - - - - - - - s t l ----------------- t --------------- ------------------ - --------------- - - - - - - - - - - - - - - - - - - ` HIGHWAY 1 I �I c REVISIONS DWN APVD I APVD DATE Stanley Consultants ►c. DESIGNED SCALE NTS DRAWN MENARD INC. 5 YEAR TRAFFIC CHECKED MENARDS- TRAFFIC NO. REV. APPROVED IMPACT STUDY IMPROVEMENTS AT APPROVED IOWA CITY, IA NAPLES AVENUE FIGURE A-8 0 t DATE PRELIMINARY LANDSCAPE PLAN MWD DAVIS ADDITION IOWA CITY, IOWA 6y`L / MWD DAVIS ADDITION 3� C t% I WA CITY. IOWA Pv V� 92 9® i 6 i N.H. ' L _ LOCATION MAP NOT TO SCALE STANDARD LEGEND AND NOTES (po I I ICI � \\��J�✓ � �11 '� � u W.' _ � i o oof�' —A. —A 0 w III All aw.ouoas Es»o� : oioA� IiAL CLTIs�� . o ��a"EWES,1. �AT � �o�To�R ITERVAL _ , FOOT 1A— I 1: mvrt ,�F,aloaN.sR� s M — ,... /i x / �I t ' / 1 \ ual SA—EO n ry FEFn ^YHrbRCFE l� T%t- SUA'�� GONG CIIIN ml11EAa. lA1lU 110-15 �I S TEpN —1— —Cl SAIL .0 aE ,E co 1 - —l) Aeoa�Al - - �, �� eVEIVISION s 00 �n OW 'loin _ Ih ��z-� O I SEOONp PRELIMINARY LANDSCAPE PLAN t MMS CaN8l7LTANi9, INC. ' MWD DAVIS ADDITION °"'a"'�°"' 4 S IOWA CIYY , IOWA ` a. 1., 1,27,12"115_w_1nv— I1rdZ� � aU CONCEPT LANDSCAPE PLAN MWD DAVIS ADDITION 6 IOWA CITY, IOWA a 1.26 AC 0o9 WHITE PINE TREES ® 15' OC 5 1.81 AC w ct w ILL. OUS TREES AND SHRUBS Im Nim NA ALIZED PLANTING AREA FLOOD,�i9�ERANT SPECIES I w l(ywti� a a U N 0 Z o po iBB 'qx Ann PEAR I \ OMA CRAPMC S= IN m? A , 4 1.38 AC LEGEND AND NOTES ® ® — CONGRESSIONAL CORNER, FOUND — CONGRESSIONAL CORNER, REESTA5U.ED — CONGRESSIONAL CORNER, RECORDED LOCATIDN — PROPERTY CORNER(S), FOUND (m ne d) 0 — PROPERTY CORNERS SET (S/B' Iron PW r/ Tallow. plawllc LS Cap ® ssad rltN'MMS' ) CUT '%. — PROPERTY k/w BOUNDARY LINES — CONGRESSIONAL SECTION LINES — — RICNT—OF—WAY LINES — CENTER LINES — LOT UNES, INTERNAL — LOT UNES. P-1) OR BY DEED — — — EASEMENT LINES IRDTH B PURPOSE NOTED — E)OSTING EASEMENT LINES, PURPOSE NOTED (R) H) — — RECORDED DIMENSIONS — MEASURED DIMENSIONS — CURVE SEGMENT NUMBER UNLESS NOTED DIXCRMSE. ALL I—SEN ARE R RET AND NUNDREDTHS ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 20,000 FEET 11 3 1.25 AC 1.10 AC \ 1 1 12 I' 1.32 AC r \ ANDRGREEN I DECIDUOUS TREES r � ECH RBONIVITAE 13 1.45 AC r DECIDUOUS 2 ' r SHRUBS 17.83 AC E ' 14 1.02 AC EVERGREEN ND GREEN / \ DECIDUOUS / TREES , TECHNI 15 ARBORVITAE 0.85 AC r DECIDUOUS r SHRUBS � r DECIDUOUS TREES SHALL CONSIST OF AT LEAST FOUR DIFFERENT OF THE FOLLOWING SPECIES: SUGAR MAPLE ACER SACCHARUM SILVER MAPLE ACER SACCHARINUM RIVER BIRCH BETULA NIGRA SHAG -BARK HICKORY CARYA OVATA COMMON HACKBERRY CELTIS OCCIDENTALIS GREEN ASH FRAXINUS PENSYLVANICA BLACK WALNUT JUGLANS NIGRA SWAMP WHITE OAK QUERCUS BICOLOR WEEPING WILLOW SALIX BABYLONICA BLACK WILLOW SALIX NIGRA DECIDUOUS SHRUBS SHALL CONSIST OF AT LEAST FOUR DIFFERENT OF THE FOLLOWING SPECIES: GREY DOGWOOD CORNUS RACEMOSA RED -OSIER DOGWOOD CORNUS STOLONIFERA AMERICAN HAZLENUT CORYLUS AMERICANA TARTARIAN HONEYSUCKLE LONICERA TATARICA SMOOTH SUMAC RHUS GLABRA COMMON ELDERBERRY SAMBUCUS CANADENSIS EVERGREEN TREES SHALL ALL BE WHITE PINE (PINUS STROBUS) o g A f o o S R p R N i LD SMwt n1la: CONCEPT LANDSCAPE PLAN Limi MMS CONSULTANTS, INC. Iowa G1y, Iowa (319) 351-8282 02/10/05 EXTEND BUFFER TO SOUTH SEP MWD DAVIS ADDITION IOWA CITY, IOWA CIAi SURVEYORS O BLAND CLAPE ARCH ITEC S ONDLAND PLANNERS O WETLAND SPECIAUSTS A o R G:\5400\5479005\5479005L.dwa 2 /10 /2005 3:30:09 PM CST STAFF REPORT To: Planning & Zoning Commission Item: VAC05-00001 Dane Road north of Mormon Trek Boulevard GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: File Date: BACKGROUND INFORMATION: Prepared by: Doug Ongie, PCD Intern Date: February 17, 2005 City of Iowa City 410 E Washington Street Iowa City, IA 52240 Vacation of Old Dane Road To allow for development of unimproved right- of-way Dane Road, north of Mormon Trek Boulevard Approximately 19,050 square feet Vacant; Intensive Commercial, CI-1 North: Vacant; Intensive Commercial, CIA South: Agricultural and residential; County RS East: Agricultural and residential; County RS and RMH West: Vacant; Intensive Commercial, CIA January 28, 2005 In 2004, Mormon Trek Boulevard was extended southeast from Highway 1 to Dane Road. A new street, City Drive, was constructed that connects Mormon Trek Boulevard and Dane Road (see attached figure). As part of this project, Dane Road was removed between Mormon Trek Boulevard and City Drive. The City of Iowa City is now applying to vacate the Dane Road right-of-way between City Drive and Mormon Trek Boulevard to allow for future development of the area. ANALYSIS: Three general criteria are used to determine the advisability of vacating a street or alley right-of-way. Vacating right-of-way is not advisable if it would interfere with pedestrian or vehicular circulation, the ability to access private property, or inhibit the access of emergency or utility vehicles. The Dane Road pavement between Mormon Trek Boulevard and City Drive has been removed. Therefore, vacation of the right-of-way will not interfere with access or circulation. This property is part of the JJR Davis Parts 11 and III subdivision. 2 The property does not contain City water, sewer or storm sewer systems and is not necessary for municipal utilities. The property does appear to contain an underground gas line and telephone line approximately 10 to 15 feet west of the former pavement location. According to a preliminary site plan that has been submitted to the City for this property, these utilities will be relocated. An easement should be retained for any utilities that remain in place at the time of vacation. The City has annexed this property to the centerline of Dane Road. Therefore, the City is pursuing only the west half of the right-of-way that is in the City corporate limits. Johnson County will be pursuing the vacation of the eastern half of this right-of-way. STAFF RECOMMENDATION: Staff recommends that VAC05-00001 a request to vacate unimproved Dane Road right-of-way north of Mormon Trek Boulevard subject to an easement being retained for any utilities in place at the time of vacation. Approved by: ATTACHMENT: 1. Location Map 2. Vacation exhibit X�j-'2"� 44� - Robert Miklo, Senior Planner, Department of Planning and Community Development \\citynt\shared\PCD\dane road vacation.doc QT V 0 1 0 z UZ Q V OVON 3NVO O U a) U Z O r c1n) � o � a 0 w E1/4 COR SEC 20-79-6 NORTH LINE SE1/4 SEC 20-79-6 _,._.._.,------------- ,-------- --- _.,_.,_.._,._.._.._.._.,_.._ .— ___„_.._I, ON pcive DESCRIPTION: VACATION OF ROAD EASEMENT \RANGE A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 SOUTHEAST 1/4 OF SECTION 20,TOWNSHIP 79 NORTH,6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSONCOUNTY, IOWA, MORE PARTICULARLY DESCRIBED ASG/�Ld� FOLLOWS: O' COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 20; THENCE SOUTH 00"08'54" WEST ON THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 20 A DISTANCE OF 485.52 FEET TO A POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 00°08'54" WEST A DISTANCE OF 585.36 FEET; THENCE NORTHWESTERLY ON A 1750.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND HAVING A 36.98 FOOT LONG CHORD BEARING NORTH 63°02'07" WEST A DISTANCE OF 36.98 FEET(ARC LENGTH); THENCE NORTH 00°08'54" EAST A DISTANCE OF 568.68 FEET; THENCE SOUTH 89051'06" EAST A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING. BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 20 IS ASSUMED TO BEAR SOUTH 00"08'54" WEST FOR THE PURPOSE OF THIS DESCRIPTION. R = 1750.00' L= 36.98' S89051'06"E 33.00' CH = N63°02'07"W 36.98' w �ao 00 00 cn o `O Z o! N LO N L6 co O dop I 0 r, io Zo co L6 O 00 l0 o `n rn st,�t File CITY OF IOWA CITY °°°� °� "" s x "�"° �TW: pa,. nns CADFda"r � ,: Dane Road Vacation Nhibit 8.01 ENGINEERING DIVISION c,,,�,, w,s c nrdo: ode: 11/16ro4 MINUTES PLANNING AND ZONING COMMISSION FEBRUARY 3, 2005 EMMA J. HARVAT HALL MEMBERS PRESENT: Beth Koppes, Dean Shannon, Ann Freerks, Don Anciaux, Jerry Hansen, Bob Brooks, Benjamin Chait STAFF PRESENT: Bob Miklo, Karen Howard, Jan Ream, Mitch Behr OTHERS PRESENT: Dan Black, Marty Maiers, Steve Alsap, Andy Meuer, Sam Hanna RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 7-0, an amendment to the Zoning Code, Section 14-6-0 Sign Regulations, to permit electronic changeable copy signs in the Community Commercial (CC-2), Highway Commercial (CH-1) and Intensive Commercial (CI-1) zones. CALL TO ORDER: Anciaux called the meeting to order at 7:30 pm. ELECTION OF OFFICERS: Motion: Chait made a motion to defer this item until the 2/17/05 meeting. Shannon seconded. Chait said a deferral would give the Commission time to discuss the election of new officers at an informal meeting before voting on it. The motion passed on a vote of 7-0. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. AMENDMENT ITEM: Discussion of amendments to the Zoning Code, Section 14-6-0 Sign Regulations to permit electronic changeable copy signs in the Community Commercial (CC-2), Highway Commercial (CH-1) and Intensive Commercial (CI-1) zones. Howard said that in response to a request by Iowa State Bank and Trust Company, the Commission had asked Staff to research and draft an amendment to the sign regulations in the current Code to permit e►ectronically changeable copy signs but not "animated" signs. Subsequent to that request, the City had also received a letter from SIGN Production, Inc., written on behalf of Conoco/Phillips gas stations who were updating their signs for fueling stations and would like to have electronically changeable gas price signs. Howard said electronic changeable copy signs provide greater flexibility and convenience for the property owner. Many interfaced with a computer so the text could be changed remotely. Howard said many cities prohibited or restricted the use of "animated" signs for reasons of traffic safety. Cities also restrict them for aesthetic reasons to minimize sign clutter. Due to advances in technology, light emitting diode displays could also be several magnitudes brighter than other types of illuminated signs and produce a glare that would be distracting to drivers. Staff had drafted an amendment to the current sign regulations that would allow electronic changeable copy signs with the following restrictions. Planning and Zoning Commission February 3, 2005 Page 2 of 7 • Such signs would be limited to the Community Commercial (CC-2), Intensive Commercial (CI-1) and Highway Commercial (CH-1) zones. • Electronic changeable copy would only be allowed on freestanding and freestanding wide -base signs. The changeable copy portion of the sign could not exceed 40 percent of the area of the sign face. The maximum size of these types of signs would be 125-square feet per sign face. A 40% limit would allow 50 square feet of electronic signage per sign face (100-square feet on a double-faced sign.) The allowance would be greater for properties close to the interstate highway and for properties that had "common signs" for more than one business. • Only one electronic changeable copy sign would be allowed per lot to help prevent sign clutter. • Iowa City currently allowed electronic time and temperature signs on buildings. The proposed amendments to the Zoning Code would allow a property owner to add electronic copy to a freestanding sign on the property without having to eliminate an existing time and temperature sign that was attached to a building. • The copy can be changed no more than once per hour and cannot be animated. • To address concerns about excessive brightness, the proposed regulations contained language to prevent signage that might interfere with, obstruct the view of, or confuse drivers and must meet certain illumination standards. Signs should have automatic adjustment based on the ambient light, which would turn the brightness level down at night and up during the day. Howard said if the Commission believed that a more far-reaching amendment should be considered, Staff suggested that this item be deferred until the pros and cons of LED video image signs could be more fully researched and discussed. A deferral would also allow additional time to find out which options local businesses wished to pursue and identify any potential problems with regard to animated signs. Howard said Staff felt the proposed amendments to the Zoning Code would provide flexibility and ease of use to the sign owner, but not open the door to animated signs or video -image signs that might change the character of Iowa City's commercial streets and districts. Jann Ream, the City's Code Enforcement Assistant, was also in attendance to address any technical questions that the Commission might have. Chait said the Code was currently under review, this amendment to the sign ordinance would be apart from that. Without making major changes to current standards and the Sign Ordinance, how could they make manually changeable copy applicable to electronic copy changeable signs. Howard said that since manually changeable copy are currently allowed as any sign without any restrictions on size, Staff would advise against making a simple word change in the ordinance. A simp►e word change in this case would result in a rather drastic change in the regulations. Chait said he'd prefer not to make big changes now. What zones would changeable copy signs be allowed in with the proposed ordinance amendments? Ream said currently manually changeable signs were allowed in any zone. This would not be changed. With regard to electronic changeable copy signs, it made sense to limit the electronically changeable copy signs to just three commercial zones on freestanding and freestanding wide base signs. Currently in the downtown freestanding signs are not allowed, so the regulations would not change with this amendment. Freerks said at the last meeting the Commission had requested text from Staff that included limitations with regard to location, brightness, and animation. She did not feel they were over stepping their bounds. Chait said he felt they were not going for enough. This was a measure just to bring the Ordinance into the current century. Businesses could have manua► copy signs anywhere but only three zones for electronic changeable signs. Howard said Staff felt that more research would be needed for larger changes to the Ordinance. Electronic changeable copy signs are much different than manually changed reader brands, particularly if the signs are allowed to flash, scroll, or project video images. Planning and Zoning Commission February 3, 2005 Page 3 of 7 Koppes asked if the photos submitted by Conoco were in compliance with the new proposal. Howard said they were, the signs could actually be much than what was shown. The Iowa State Bank sign would be allowed as well. Hansen asked if limiting electronically changeable signs to just three zones would support an unfair advantage to any business. Howard said Staff felt it would not. The proposal was meant to keep electronic changeable signs away from residential zones. Miklo said that the sign ordinance currently treats businesses differently depending on where they are located. For example the CN-1 zone currently prohibits changeable copy signs. Ream said CO-1, CN-1 and RO zones were located next to residential zones. For example, no freestanding signs are allowed in the CN-1 zone, monument base signs were allowed. Hansen said safety issues had been mentioned numerous times. Did the DOT have standards? Were there traffic studies to show that what Staff was saying with respect to driver distraction with scrolling signs / traffic flow issues was true or were they limiting the ordinance to restrictions which were not true. Howard said she'd read studies regarding LED lights. The LED light magnitude was brighter. There was a big difference between watching animated signs while sitting in a stadium versus driving 40 mph and your eyes were not on the road. She said Staff could do more research if needed and/or by Commission directive. Staff had tried to do what the Commission had asked, which was to allow static electronically changeable copy signs in areas that would not impact residential areas. Miklo said that in addition to traffic safety concerns this was an issue of community appearance. In 1983 when the current sign regulations were adopted, there was considerable discussion about animated signs. Those being signs that include some sort of movement, such as flashing or moving lights, flags and mechanical signs that turned or made some sort of motion. It was a conscious decision on the part of the Planning and Zoning Commission and City Council at that time to prohibit all animated signs. He said that "time and temperature" signs commonly seen at banks, were the one exception. Anciaux pointed out that barber pole signs were also an exception. Chait said the Commission had discussed amending the Sign Ordinance from manually changeable text signs to electronically changeable text signs, but not as in-depth as what Staff had written the proposed amendment to the Code. They were simply trying to accommodate the banks' request but he didn't feel they were addressing Iowa State Bank's request. Miklo said that initially the Commission requested that staff draft amendments to change the current changeable copy signs to electronic changeable copy signs rather than do a wholesale amendment to the sign code. After initial research and draft amendment staff reported back to the Commission that this would result in some rather large electronic changeable copy signs, because there were very few size restrictions on changeable copy signs. The Commission concurred that staff should research the issue more. At a subsequent meeting Staff presented draft changes to the Commission for electronic changeable copy signs with size and other restrictions for the new zoning code. The Commission then asked staff to make these same changes to the current CC-2 and CI-1 zone sign regulations. He said that the ordincance revisions before the Commission allowed the signs that Iowa State Bank had requested. It also will allow the sign requested by SIGN Productions on behalf of Conoco/Phillips. Public discussion was opened. Dan Black, Iowa State Bank and Trust, said he felt the proposed amendment would address Iowa State Bank's requested sign. Staff had kept him very informed. Black said he wished to encourage the Commission to approve the amendment. Approving the amendment would not limit the Commission's ability to go further in the future to address issues such as scrolling and animated signs. Planning and Zoning Commission February 3, 2005 Page 4 of 7 Hansen asked Black if Iowa State Bank was solid on their sign design. What if the later decided to approve broader parameters? Black said 50-square feet per side as proposed in the amendment would cover what they'd looked at. He was comfortable with it now and down the road. Marty Maiers, Hills Bank and Trust, encouraged the Commission to approve the amendment as written by Staff. Hills Bank and Trust continued to explore options to expand. They had electronic signs in three other communities [North Liberty on HWY 965; Cedar Rapids on Williams Blvd, Marion at the corner of 81h and 11th] and looked forward to working with Staff for Iowa City signs. In some cities they used electronic signs with scrolling messages, no pictures or flashes. The message interchanged with the time and temperature. One sign was an LED, the other was a bulb system. Hansen asked Maiers how they determined the length of the message and how long it would take someone to read it. Maiers said he didn't know for sure, but they wanted to get a message across as quickly as possible. Steve Alsap, co-owner of SIGN Productions, Inc. urged the Commission to pass the proposed amendment to the Code. He said his company had some concerns and they wanted to be a part of future ordinance and Code changes. He appreciated Staff's attempt to bring the current Sign Ordinance in line with modern technology. Alsap said he felt there needed to be greater definition of paragraph #5, 14-60-7D, Illuminated Signs. Most manufacturers gave "cell" levels as most signs had photocell dimming capabilities. That meant they dimmed at night to create an easily readable level and on a sunny day would increase their brightness level. Paragraphs #5 and #6. It would not be possible to define the manufacturer's recommended brightness level as the signs came already calibrated. He'd like to see the definitions reworked so they could educate their clients when assisting them to purchase a sign. Alsap talked at length about pixels being used to create color; "Color Technology" using software to create many colors; the longevity of LEDs and energy efficiency of electronic changeable copy signs. Howard said after speaking with Alsap on the telephone, she had revised the text the section of the proposed ordinance amendment to say monochromatic, utilizing a dark background with only the message or image lit in a single color. She felt this addressed some of her concerns about color. Paragragh #6. Alsap said he attended trade shows across the country and had never found in any manufacturer's operating manual the recommended standards for brightness. What they should be regulating was intensity. Paragraph #7. Alsap said there were only four ways to program electronically changeable signs. One way to do so was at the base of the sign via a cable with a key -pad or by computer at a remote location using a direct cable from the sign to the building using a RF signal or modem. He asked why Staff proposed to have a Building Official has access to this interface. Howard stated that this was just a measure to allow access if a problem was reported. Alsap encouraged the Commission to approve the proposed amendment to the Sign Ordinance. He wanted and welcomed the opportunity to be involved in further regulation development. Hansen asked if the word monochromatic was correct in paragraph #5. Alsap said it was very good wording. Outside of the colors Amber, Red, Green and Blue, it became very expensive to use colors. Monochromatic was a good interim step. Hansen asked what volume of business was represented in Iowa City by SIGN Productions, Inc. At future informal work sessions he'd like to have them present as well as Iowa City business leaders to advise the Commission of what they felt they wanted and/or needed. Planning and Zoning Commission February 3, 2005 Page 5 of 7 Alsap said their company employed roughly 100 employees. Their signs were about 30% of those in Iowa City and Coralville. They had done work all over the country and he had a good understanding of sign ordinances all over the nation. He'd seen what worked well where and where it did not. There were studies by Penn State University with respect to motion and animation causing traffic problems. He could provide those and other information that would be invaluable to the Commission. Hansen said he felt that information would be very valuable. Ream said she had a report regarding sign contractors in Iowa City which she would give to the Commission. Alsap said the software that controlled signs was pretty standard. There was a very small number of manufacturers across the country for a very large market. Research and Development monies had shown that the small number of features and functions was 95% the same type of thing regardless of manufacturer. Software control for duration, time sequence and time of day. "Small, limited software developed for a large market." Andy Meuer, SIGN Productions, Inc., asked the Commission how they had arrived at the decision for text changing only once an hour and why did they feel it was a safety concern. Howard said they had discussed it among the Commissioners and had arrived at the one -hour figure. Miklo said it was what had been requested by Iowa State Bank. Freerks said text signs were informational such as giving gasoline prices, etc. Ream said with respect to enforcement, one hour was easier. A staff person could check on a sign, go check on another one and come back to check on the original sign in an hours time. Meuer said 10 minutes or 1-hour, it was all the same. Ream said it was part safety issue, part enforcement issue. Staff did not recommend allowing scrolling signs to be permitted. Meuer said there were studies available that he could provide to the Commission which he felt would be very helpful in deciding upon a timing sequence. Meuer said Staff had talked about LED signs. He asked what research had been done. Howard said Staff had done some research regarding LEDs; they'd compared LEDs to other ambient type of lights. The article, "Bring Out the Sunglasses", had indicated that LEDs could be magnitudes brighter than other types of electronic signage. She'd also received a letter from a manufacturer and had looked at other cities sign ordinances which referenced LED regulations. Anciaux said the DOT had specifications for Lumen numbers, he requested Staff to research that further. Meuer said there was a difference between visibility and light being emitted. Ream asked Meuer to talk about measurement in NITS, how were they measured and was there any way to measure NITS. Meuer said they didn't want to control the light emitted, they wanted to control light pollution without restricting visibility. Anciaux asked about methods to avoid confusion with a stoplight, when an electronic sign with amber, green or red colors was located near a stoplight. Meuer said he'd never heard of any issues with confusion between electronic signs and stoplights. He could look for such studies if the Commission wished. Planning and Zoning Commission February 3, 2005 Page 6 of 7 Meuer said the proposed amendment to the Sign Ordinance could cause some disadvantages to some businesses and should be looked at in more depth in the future. There were studies by the International Sign Association that had to do with 1st Amendment rights and not violating a person's / business' constitutional rights. Hansen asked if a business purchased a sign that would change once an hour, would it be easy to change it to changing every 5-minutes? Meuer said it was done with software, it would be easy to change the timing sequence. Sam Hanna, SIGN Productions, Inc., said he had put together two packets of information for the Commission. There were many benefits to businesses for being able to have electronically changeable copy signs. Level 1 was a static message, Level 4 was a full motion video. Chait said that type of information was not appropriate for tonight's meeting. Would he please forward that information to Staff. Hanna said he supported the proposed amendment to the Sign Ordinance. Public discussion was closed. Motion: Hansen made a motion to approve an amendment to the Zoning Code, Section 14-6-0 Sign Regulations, to permit electronic changeable copy signs in the Community Commercial (CC-2), Highway Commercial (CH-1) and Intensive Commercial (CI-1) zones as written by Staff. Koppes seconded the motion. Shannon asked for a clarification as to what monochromatic meant. Howard said it meant one color. Shannon said in Paragraph #5, Staff had written 'must' be monochromatic, why did they feel so strongly? Howard said with more than one color, colors could be combined into video -type images. Iowa State Bank and Conoco had requested approval for monochromatic electronic changeable copy. Iowa State Bank had requested text changing once an hour, Staff was responding to their request and the direction of the Commission. Hansen said he was comfortable with the proposed amendment as a stop gap measure. He was eager to get into the larger discussion as there was a lot they didn't know about yet. Chait said he was going to support the motion because the community had requested this change six months ago. He said that it is often said that Iowa City is a special place, but if these types of electronic signs are good enough for 80% of the cities in America they should be good enough for Iowa City. There was a big difference between the current sign ordinance and technology available. His issue was with the process, context and the bureaucracy that they dealt with which did not address technology in a timely manner. He felt it was silly to try to regulate something as complex as what SIGN Productions, Inc. was telling them about. Technology changed. When they'd get the standards figured out, technology would have changed again. Freerks said she would support the motion. She did not feel it was silly to regulate signs. The City had light ordinances to regulate lighting, which was also a complex issue. She felt the proposed amendment would be a good change. Koppes said she would support the amendment to the Sign Ordinance. It matched the needs of Iowa State Bank and Conoco. She felt they needed to look further at technology. Shannon said they should go forward, he'd look forward to hearing back from the sign company. The motion passed on a vote of 7-0. Planning and Zoning Commission February 3, 2005 Page 7 of 7 OTHER ITEMS: There were none CONSIDERATION OF THE JANUARY 20, 2005 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 7-0. ADJOURNMENT: Motion: Brooks made a motion to adjourn the meeting at 8:35 pm. Hansen seconded the motion. The motion passed on a vote of 7-0. Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill