HomeMy WebLinkAbout09-15-2005 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION
Monday, September 12, 2005 — 7:30 PM
Informal Meeting
Robert A. Lee Community Recreation Center
Meeting Room B
220 S. Gilbert Street
Thursday, September 15, 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. Rezoning Items:
1. SUB05-00018: Discussion of an application submitted by Southgate Development for a final
plat of Cardinal Ridge Part One, a 50-lot, 35.42 acre residential subdivision on Kennedy
Parkway. (45-day limitation period: October 13, 2005)
2. SUB05-00022: Discussion of an application submitted by Southgate Development for a final
plat of Cardinal Ridge Part Two, a 23-lot, 29.56-acre residential subdivision and Part Three,
a 19-lot, 27.89-acre residential subdivision on Kennedy Parkway Extended.
(45-day limitation period: October 13, 2005)
C. Vacation Item:
VAC05-00007: Discussion of an application submitted by the City of Iowa City to vacate
Madison Street, south of Prentiss Street, and Des Moines Street.
D. Consideration of the September 1, 2005 Meeting Minutes
E. Other Item
F. Adjournment
Uncomina Plannina & Zonina Commission Meatinas-
Informal
October 3
October 17
October 31
November 14
November 28
Formal
October 6
October 20
November 3
November 17
December 1
STAFF REPORT
To: Planning & Zoning Commission
Item: SUB05-00018 Cardinal Ridge - Part One
Final Plat
GENERAL INFORMATION:
Applicant:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45-Day Limitation Period:
60-Day Limitation Period:
BACKGROUND INFORMATION:
Prepared by: Robert Miklo
Date: September 15, 2005
Southgate Development
755 Mormon Trek Boulevard
Iowa City, IA 52246
Phone: 337-4195
Final Plat
A 50-lot single-family residential
subdivision
West of the northwest terminus of Kennedy
Parkway, west of the Walnut Ridge
subdivision.
35.42 acres
Undeveloped, rezoning from ID-RS to
SAO/RS-5 before City Council
North: Undeveloped; OSA/RS-5 (Cardinal
Ridge — Part Three)
South: Undeveloped and residential; ID-
RS
East: Residential; OSA-1 and OPDH-1
West: Undeveloped; OSA/RS-5 (Cardinal
Ridge — Part Two)
Residential, 2-8 dwelling units per acre.
August 29, 2005
October 13. 2005
October 28, 2005
The applicant, Southgate Development Co., is requesting approval of the final plat of Cardinal
Ridge — Part One a 35.42-acre, 50-lot subdivision. A separate application has been submitted
for the final plat of Cardinal Ridge - Parts Two and Three. On July 6, the Commission
recommended approval of a rezoning, Sensitive Area Development Plan and preliminary plat
for Cardinal Ridge. The City Council is scheduled to vote on the final reading of the rezoning
2
ordinance and the preliminary plat at their September 20'h meeting.
ANALYSIS:
The final plat as submitted is in general conformance with the pending preliminary plat.
Construction plans and legal papers are being reviewed by the City Engineering Division and
City Attorney's office. They must be approved by staff prior to Council consideration of the final
plat.
Sanitary Sewer: The preliminary plat that is pending before the City Council varies from that
recommended for approval by the Commission. The Commission had recommended that in
lieu of requiring installation of sanitary sewer lines to the property to the south, an escrow fund
be established for the extension of one 8" line to the adjacent property. Based on future
development concerns of the adjacent property owners, the preliminary plat has been revised to
include two sanitary sewer lines to the adjacent properties. The final plats also shows these
lines.
Open Space: According to the neighborhood open space formula, 2.17 acres of public open
space or fees in lieu of are required for Cardinal Ridge. The Parks and Recreation Commission is
considering requiring the dedication of a portion of Outlot C for an east to west trail, if it is possible
to obtain the cooperation of the Walnut Ridge Home Owners Association and the University of
Iowa to extend the trail to the east to connect to the Clear Creek Trail. If the Parks and
Recreation Commission chooses to accept open space it will need to be identified on the final plat.
If a trail network is not possible on adjacent properties the Parks and Recreation Commission
would want fees in lieu of dedication of open space within the Cardinal Ridge subdivision, due to
the nature of the open space not begin suitable for a neighborhood park. Provisions for payment
of open space fees would then need to be addressed in the legal papers. It is anticipated that this
plat will be placed on the October 4 or October 18 City Council Agenda depending on approval of
legal papers and construction drawings. A decision from the Parks and Recreation Commission
should be made prior to these meetings so as not to delay approval of the final plat.
STAFF RECOMMENDATION:
Staff recommends that SUB05-00018, the final plat of Cardinal Ridge — Part One, a 35.42-acre,
50-lot residential subdivision located west of Kennedy Parkway, be approved subject to staff
approval of legal papers and construction drawings prior to City Council consideration.
ATTACHMENTS:
1. Location Map
2. Final Plat
j VLt�
Approved by:
Karin tranklin, Director,
Department of Planning and Community Development
S:\PCD\Staff Reports\SUB05-00022 card. ridge.2&3(ina1.doc
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Final Plat
Cardinal Ridge - Part One
Iowa City, Iowa
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STAFF REPORT
To: Planning & Zoning Commission
Item: SUB05-00022 Cardinal Ridge — Parts Two
and Three
GENERAL INFORMATION:
Applicant:
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: September 15, 2005
Southgate Development
755 Mormon Trek Boulevard
Iowa City, IA 52246
Phone: 337-4195
Final Plat approval
23-lot (Part Two) and 19-lot (Part Three)
single-family residential subdivisions
West of Kennedy Parkway
Part Two — 29.56 acres
Part Three — 27.89 acres
Undeveloped, rezoning from ID-RS to
SAO/RS-5 before City Council
North: Undeveloped; ID-RS
South: Undeveloped and residential; ID-
RS
East: Undevelop and Residential;
OSA/RS-5 (Cardinal Ridge — Part
One) OPDH-1 (Walnut Ridge)
West: Undeveloped; ID-ORP
Residential, 2-8 dwelling units per acre.
August 29, 2005
October 13. 2005
60-Day Limitation Period: October 28, 2005
BACKGROUND INFORMATION:
The applicant, Southgate Development Co., is requesting approval of the final plat of Cardinal
Ridge — Parts Two and Three. A separate application has been submitted for the final plat of
Cardinal Ridge — Part One. On July 6, the Commission recommended approval of a rezoning,
Sensitive Area Development Plan and preliminary plat for Cardinal Ridge. The City Council is
scheduled to vote on the final reading of the rezoning ordinance and the preliminary plat at their
September 20th meeting.
ANALYSIS:
The final plats as submitted are in general conformance with the pending preliminary plat.
Construction plans and legal papers are being reviewed by the City Engineering Division and
City Attorney's office. They must be approved by staff prior to Council consideration of the final
plat.
As noted in the staff report for Cardinal Ridge — Part One, the Parks and Recreation Commission
may wish to require dedication of open space in Outlot C for the purpose of an east west trail.
Depending on the Parks and Recreation Commission's decision, the open space will need to be
identified on the plat or the legal papers will need to address payment of fees in lieu of open
space.
STAFF RECOMMENDATION:
Staff recommends that SUB05-00022, the final plat of Cardinal Ridge — Part Two, a 29.56-acre,
23-lot residential subdivision and Cardinal Ridge — Part Three, a 27.89-acre, 19-lot residential
subdivision located west of Kennedy Parkway, be approved subject to staff approval of legal
papers and construction drawings prior to City Council consideration.
ATTACHMENTS:
1. Location Map
2. Final Plat
,a
Approved by: 6141,E-Z fi �'-
Ka in Franklin, Director,
Department of Planning and Community Development
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Iowa City, Iowa
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To: Planning & Zoning Commission
Item: VAC05-00007 Portions of Madison
and Des Moines Streets
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
BACKGROUND INFORMATION:
STAFF REPORT
Prepared by: Jeffrey Banks, Planning Intern
Date: September 15, 2005
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Jeffrey Banks, Planning Intern
319-356-5230
Vacation of right-of-way
To allow for portions of Madison Street and Des
Moines Street to be disposed of to the University of
Iowa
Madison Street south of Prentiss Street and north of
Iowa Interstate Railroad right-of-way, Des Moines
Street north of railroad right-of-way and west of
South Capitol Street, and alley behind lots off South
Capitol and South Madison.
Approximately 1.31 acres
Public street and alley
North:
Public right-of-way
South:
Iowa Interstate Railroad
East:
University of Iowa, Public
West:
Public right-of-way
August 17, 2005
The University of Iowa recently purchased all privately held property lying between South Capitol
and South Madison Streets to the south of Prentiss Street. The University now owns all of the
property located to the south of Prentiss Street, west of South Capitol Street, north of the Iowa
Interstate Railroad and east of Cedar Rapids/Iowa City Railroad. The University is pursuing a
vacation of the right-of-way along portions of South Madison Street to the south of Prentiss Street
and north of the Iowa Interstate Railroad, and portions of Des Moines Street between South
Capitol and South Madison Streets (see location map and Exhibit A). The University is in the
2
process of demolishing the southernmost building on the property and constructing a new building
to the south and west of the University Services building. The new structure will allow the
University to relocate its shops currently located near Burlington Street in order to accommodate
future construction of a new recreation center.
ANALYSIS -
Typically, vacating right-of-way can be recommended if, 1) it will not have a negative effect on
pedestrian or vehicular circulation, or planned circulation routes, 2) it will not be detrimental to
emergency vehicle or utility vehicle access to adjacent properties, and 3) it will not diminish
access to adjacent properties and is not needed for public or private utilities. This analysis is
unique in that the proposed vacation will facilitate the transfer of the property to another
governmental entity, the University of Iowa, and no private property will be affected.
With the recent purchase of properties in the vicinity, the University now owns all properties
surrounding the area of the proposed vacation and consequently the City no longer requires
these rights -of -way for access. This request for vacation of right-of-way would include all
street, sidewalk and utility easements in the area described within Exhibit A submitted by the
University. The area includes the portion of South Madison Street lying south of Prentiss Street
and north of the Iowa Interstate Railroad, and the portion of Des Moines Street north of the
Iowa Interstate Railroad. Previously portions of Des Moines Street adjacent to those currently
being requested and northern portions of Madison Street were vacated by the City. The
proposed vacation of right-of-way will complete the disposal of these properties south of
Prentiss Street to the University.
There is a water main within Madison Street that will require the retention of a 10 foot wide
easement. Staff is investigating the possible location of a storm sewer within the right-of-way.
It may be determined that an easement is necessary if a storm sewer is located. We have
notified private utility companies of the proposed vacation. If private utilities exist on the
property then an easement may need to be maintained.
In staff's opinion, there is no City interest in continuing to incur cost, staff -time and liability in
maintaining these streets. They are no longer needed for public access. Vacation will
accommodate the University's development plans.
STAFF RECOMMENDATION:
Staff recommends that VAC05-00007, an application to vacate portions of South Madison Street,
Des Moines Street and a portion of the ally in Block 13 of the County Seat Addition adjacent to the
Iowa Interstate Railroad be approved subject to retention of necessary utility easements.
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
SAPCD \staff reports.doc
PREPARED BY: SHIVE—HATTERY, INC. 2834 NORTHGATE DR. IOWA CITY, IA 52245 (319) 354-3040
EXHIBIT A
VACATION EXHIBIT
PORTION OF THE ALLEY IN BLOCK 13, COUNTY SEAT,
A PORTION OF SOUTH MADISON STREET AND
A PORTION OF DES MOINES STREET IN
IOWA CITY, IOWA
00 PRENTIS STREET
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150' 150'
L01 1
LOT 8 0
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VACATED DES MOINES STREET_
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DESCRIPTION
That part of the 20 foot wide alley lying adjacent to Lots 3, 4, 5, and 6 in Block 13 of the County Seat of
Johnson County, Iowa City, Iowa according to the recorded plat thereof.
And
That part of Des Moines Street adjacent to said Block 13 lying Northerly of the Northerly right—of—way
line of
the Iowa Interstate Railroad, except for the portion previously vacated.
And
That part of South Madison Street lying between the Southerly right—of—way line of Prentis Steet and
the
Northerly right—of—way line of said Iowa Interstate Railroad.
0
50 100 200
SCALE IN FEET
EXHIBIT A
PROJECT NO.
SHIVE ',HATTERY
VACATION EXHIBIT
IOWA CITY, JOHNSON COUNTY, IOWA
198281-0
Cedar Rapids, IA , Iowa City, IA , Des Moines, IA
DATE 8/11/05
SCALE AS SHOWN
SHEET NO.
IL Bloomington,
DRAWN JSB
A
FIELD BOOK
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PPROVED JSB
REVISION
MINUTES
PLANNING AND ZONING COMMISSION PRELIMINARY
SEPTEMBER 1, 2005
EMMA J. HARVAT HALL
MEMBERS PRESENT: Dean Shannon, Terry Smith, Beth Koppes, Bob Brooks, Don Anciaux, Wally
Plahutnik, Ann Freerks
STAFF PRESENT: Bob Miklo, Sunil Terdalkar, Mitch Behr
OTHERS PRESENT: John Moreland
RECOMMENDATIONS TO CITY COUNCIL:
Recommended approval by a vote of 7-0 ANN05-00002/REZ05-00018, an annexation to the City of Iowa
City and rezoning of approximately 51.9-acres of land from County Residential (R) to Low Density Single -
Family Residential (RS-5) located on the American Legion Road, subject to a Conditional Zoning
Agreement specifying the developer's responsibility of contributing to the cost of upgrade of American
Legion Road.
Recommended approval by a vote of 5-1 (Shannon voting in the negative, Plahutnik recused) REZ05-
00015, a rezoning from Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone,
Neighborhood Commercial (CN-1) Zone and Mixed Use (MU) Zone for all property currently zoned CB-2
located south of Davenport Street and north of Jefferson Street as depicted in the current map.
CALL TO ORDER:
Brooks called the meeting to order at 7:33 pm.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
There was none.
REZONING ITEMS:
ANN05-00002/REZ05-00018, discussion of an application submitted by Arlington Development, Inc. for
an annexation to the City of Iowa City and rezoning of approximately 51.9-acres from County Residential
(R) to Low Density Single -Family Residential (RS-5) located on American Legion Road.
Terdalkar said the annexation application was for approximately 51.9-acres not 51.3-acres as listed in the
Staff Report. The property, located in Scott Township, was currently zoned County Residential (R) and
was being used as a golf course. Staff felt RS-5 low -density single-family residential zoning would be
appropriate in view of existing residential development on surrounding properties.
The Comprehensive Plan stated that annexations were to occur primarily through voluntary petitions filed
by property owners. Voluntary annexation requests were to be analyzed under three criteria:
1. The area under consideration fell within the City's long-range planning boundary.
The area proposed for annexation fell within the adopted long-range planning boundary for Iowa City.
2. Development in the area proposed for annexation will fulfill an identified need without imposing an
undue burden on the City.
The area under consideration is one of the faster growing areas of Iowa City, developers had identified
a demand for residential development in that area. Recent subdivisions in that area are almost
completely built out. Infrastructure would be extended by private development.
3. Control of the development is in the City's best interest.
The property was located within the City's Long -Range Planning boundary. If the lots were to develop
under County jurisdiction they would likely be one acre in size and would require private wastewater
treatment systems and water wells. Annexation would allow for more compact development.
Terdalkar said the Comprehensive Plan stated that voluntary annexation requests should be viewed
positively when the above conditions existed; Staff felt the three conditions had been met.
Planning and Zoning Commission Minutes
September 1, 2005
Page 2
The applicant had also requested a rezoning to RS-5, low density single-family residential zone. The
developer had submitted a concept plan showing how the property might be subdivided but had illustrated
only one street connection to the undeveloped property to the west. After Staff's preliminary review of the
plan and to assure that the development of this property would adhere to the Comprehensive Plan's goal
of "providing an interconnected street system", Staff recommended a conditional zoning agreement
specifying (1) the developer's responsibility of contributing to the cost of the upgrade of American Legion
Road and (2) the subdivision design provide at least two local streets connect to the west property line of
the Fairview property.
Public discussion was opened.
John Moreland, partner in Arlington Development, Inc. said the developers had met with the residents of
Far Horizons who lived next door to the Fairview property on the previous Saturday. He'd met with staff
several times regarding this development. It was a conceptual plan, it was not set in stone. It was almost
10-acres of open space and trails and was conducive to being next to Windsor Ridge. Staff and the
developers had a slight argument regarding the second property access to the west. The developer's
reasoning was that the way the land laid, it came flat over off their property and dropped straight down.
He felt they could get by with one access. Morland said he personally felt this should not even come up in
the current process, it was the wrong time to bring it up. It was a platting issue, not an annexation or
zoning issue. When they came to the platting process that was the time they needed to argue about one
access or two accesses, where they met onto American Legion Road. Moreland said he didn't think it was
right for Staff to put that on him at this point. He had no problem paying for his part of American Legion
Road, it needed to be upgraded. There really needed to be a sidewalk along it for bicycles; when they
designed it they would make sure there was enough right of way for bicycles and everything else.
Moreland said one of the things that had come up in the meetings with Staff was the request to show
what they felt a good concept would be for the adjoining Hieronymous property. A good stab had not
been made at the project so he and Staff had not come to an agreement. Moreland said he would prefer
to see that CZA requirement taken out of the zoning/annexation issue, there would be plenty of time to
address it at the platting process. The Commission would still have control at that point. He asked if there
would there have to be two meetings on this application or would the Commission vote on it at this
meeting.
Miklo said it was a policy not a requirement to have two meetings. It had been adopted a number of years
ago to allow for plenty of public discussion of a major rezoning or annexation. It could be waived if the
Commission so wished, especially since there were no members of the public present and Staff had
received an email from the people at Far Horizons indicating that there was not a lot of concern on their
part in terms of the annexation and zoning.
Miklo said in terms of the conditional zoning agreement the City often times placed conditions on zonings
and annexations, mostly in relationship to furthering a goal of the Comprehensive Plan. A goal of the
Comprehensive Plan was to have interconnected streets and a more fine grained street network which
would provide a better distribution of traffic for better access for emergency vehicles and options for the
property owner to the west to have more than one access point which would allow for possible better
designs for their property. It could be handled at the subdivision stage but in this case because there was
some resistance to it on the part of the applicant, the City felt it was important to include it in the CZA now
so that coming to the City the developers would know what was expected and it would not be an
argument for a later day. In the future the City could waive that condition under the subdivision process,
but at this point Staff felt it was important to get that condition included. Looking at Windsor Ridge, there
were quite a few street intersections throughout the subdivision. Unless there was an over-riding
topographic or natural feature that would dispense with that need, the staff felt it should be part of the
contemplated subdivision design. There was some relief to the topography to the west, but it was not
severe. There were other areas with similar topography that had a fairly fine grained street network. It
was Staff's recommendation that the CZA include both conditions at this time.
Plahutnik said the developers were voluntarily requesting the annexation. When moving farther out from
the City the pattern tended to be a one entry key -hole, cul-de-sacs and one exit. Since the developers
were requesting to attach themselves to town and driving around town streets which did interconnect and
because they did wish to be part of Iowa City, what was his objection.
Planning and Zoning Commission Minutes
September 1, 2005
Page 3
Moreland said there was no question about wanting to be connected but his issue was looking at the
topography, it came out on a shelf and fell straight off. On the concept plan they had a street running
north and south, he personally thought that who ever developed the Hieronymous property would have
the same thing. They would stay up on the top of the hill and run it north and south. Moreland said he was
not saying that he wouldn't do it, if it was in the best interest of the development he would put in a second
access. He felt a little bit weird about designing someone else's property just to prove to Staff that he only
needed one entry. He knew never to say never. His point was there was plenty of time at the platting
level, he'd learned a long time ago that you were better off having some sort of agreement before even
coming to the City meetings or you were not going to get very far. At the platting level, they would have
had more time to give Staff a better concept plan as to what they thought Hieronymous' people would do
although they would have nothing to say about what they were going to do, they would give the best
ideas they had. He'd given Staff one idea and it had not been well received. His point being, to put that
restriction on it right now without having more research when at the platting time the Commission could
say they didn't like the plan and were not going to approve the preliminary plat because of what ever
reason, they had time to do it at that point. Moreland said he felt the Commission still had tons of control,
unless they approved the preliminary plat the developers could go nowhere.
Moreland said it would be single family, big lots and they were meeting the Comprehensive Plan. It was
an issue of working out the second access, he'd like to have more time to try to work it out with Staff. He
wanted to make this thing go and would probably do what it took in the end but he hated to have it put on
him right out of the shoot when he'd not had time to have a good effort to show Staff what they could do.
Once the condition was put on the CZA he was done for at that point, he'd rather be restricted at the
platting level.
Freerks said that condition could be lifted at any time.
Miklo said the Staffs goal was to adhere to the Comprehensive Plan. They'd talked about the design of
the property to the west. By agreeing to only one access point the City would be restricting the design
possibilities for the property to the west. The requirement could be waived at the platting stage if the City
was convinced that environmentally or topographically it was impossible or it was not warranted to have a
second access to the west. In terms of authority, the Commission had more authority at the time of zoning
and annexation than they did at platting.
Smith said without having the second CZA condition at this point they are not agreeing to a single access.
At this point they were looking to approve the annexation and the zoning but not the concept plan.
Behr said that was correct, if the Commission were to approve this without that condition they would not
have affected their ability to impose it at the platting stage.
Koppes asked Staff to discuss the 1,000-foot between American Legion Road and the access point.
Miklo said the concept plan showed a distance of approximately 1,000-feet between American Legion
Road and the only access point to the west. There was no standard but in other parts of town it was 300-
feet for older blocks and ranged for the newer blocks. 1,000-feet was a long block. One of the reasons for
having shorter blocks was, the longer the block the more straight of way and the more speeding and the
more complaints regarding it.
Miklo said the Comprehensive Plan Neighborhood Design Concept showed a fine grained street network
design. There was no absolute number or range regarding block length.
Public discussion was closed
Smith said he agreed with the applicant, he was not sure that now was the time to tie their hands when
the Commission had the options to review later.
Freerks said she agreed with Staff. She felt now was the time when the Commission had the power to
control something like this and she would rather have it there for the Commission to work with and be
able to waive it in the future rather than try to come up with it at a later date. She thought it was in the
best interest of the City. She lived on a street that was a very long block and it was difficult for traffic
Planning and Zoning Commission Minutes
September 1, 2005
Page 4
circulation. Freerks said personally she felt it would be a better development with two access points,
leave the condition in and it could be changed at a later time. If the developer could come up with a
design that showed two access points were not needed they could discuss it, but she felt it was good to
plan ahead, to have it there and they could pull it later.
Motion: Smith made a motion to accept correspondence (e-mail from subdivision homeowner's
association, Tovin's concerns regarding drainage). Freerks seconded the motion.
The motion passed on a vote of 7-0.
Brooks asked what would be the process for rescinding something that had been included in a CZA.
Miklo said the CZA would be written in such a manner that the condition could be removed, i.e.: At the
Planning and Zoning Commission's recommendation a second access would not be necessary based on
topographic or similar conditions.
Behr said it would be up to the Commission whether or not they did it. It would be part of the platting
process that they would either agree or not. It would go to the Council as a recommendation and they
could accept it or not.
Koppes asked if the Commission did not include the second CZA condition regarding a second access to
the west, could they still indicate they didn't like the plat if it didn't show a second access.
Behr said if the Commission passed the rezoning with out the CZA condition for two access points, it did
not decrease their ability to insist upon a second connection at the time of the platting stage. The
Commission will not have agreed to only one, they would basically just be deferring that determination.
Miklo said it would put the Commission in the position of recommending denial of a plat, which changed
the tone of whole the discussion.
Behr said there was more discretion at the annexation/zoning stand point, but the Commission would not
have agreed to one access point.
Motion: Smith made a motion to approve ANN05-00002/REZ05-00018, an annexation to the City of Iowa
City and rezoning of approximately 51.9-acres of land from County Residential (R) to Low Density Single -
Family Residential (RS-5) located on the American Legion Road, subject to a Conditional Zoning
Agreement specifying the developer's responsibility of contributing to the cost of upgrade of American
Legion Road. Shannon seconded the motion.
Koppes said she was comfortable supporting the motion with only one CZA condition as long as the
Commission could look at a second access point at the platting stage and as long as they could deny it if
it did not include two access points.
Brooks said he was totally sympathetic toward Staffs position. It troubled him that they didn't have
something such as a policy or standard that they could latch on to and bind them to something like that
right now. Brooks said he felt the developer understood that there was a great deal of interest on the
Commission's part to have the opportunity to have two connections. On his part there was a reluctance to
bind that because he would prefer to have a standard or policy or platting guideline to point to and say
this is in conformance with that. Saying that it was general best practice was fine and he agreed with that
but he was reluctant to tie them to that.
Freerks said she saw the Comprehensive Plan as serving that function. She was not going to vote
against this because of that, but she felt it was in the Commission's best interest to plan ahead and to not
have to vote in the negative in the future because of something like that. They'd had a few instances in
the past where they'd had to haggle over something that some Commissioners felt was very important
and others did not and it had made things drag out. She didn't think that was a good idea. She didn't see
that the Commission needed to have a policy that they attach things to, that was the Comprehensive
Plan's function. They attached stipulations to things all the time. She didn't see the necessity to have
further regulation, she saw this as a having a vision for something and they were making it known to the
Planning and Zoning Commission Minutes
September 1, 2005
Page 5
developer so the Commission could speed the developer's process in the future. Freerks said she was
not going to deny this or vote against it because of that but she did think it was a mistake.
Anciaux said he lived on a street that was approximately 1,000-feet long and it was too long. He wanted
the developer to really look at breaking up that expanse. He didn't expect the developer to plan the
neighbor's property or should it be his expense. Anciaux said he felt they needed to look at the
topography and if possible get a second access. He would vote in favor of the motion.
Plahutnik said he agreed, it was not an unreasonable request for them to be considering it at the platting
process knowing that they were sympathetic already with Staff's position on this.
The Commissioners agreed that there was no need to defer the item for a second meeting.
The motion passed on a vote of 7-0.
Anciaux said for the record he would like to commend Moreland. It seemed when neighborhood meetings
were held and the developer explained what he was going to do, it seemed to go a lot easier. The people
seemed to know what was what and there wasn't the massive rabble of uninformed public before the
Commission.
Brooks said he hoped Moreland got the tone of what the Commission's interest was.
Moreland said he did and he guaranteed that before they came to the Commission with the plat, he and
staff would have it worked out. They were not going to argue at this stage, they would have it worked out
one way or another.
REZ05-00015, consideration of an application submitted by the City of Iowa City for a rezoning from
Central Business Service (CB-2) Zone to Central Business Support (CB-5) Zone, Neighborhood
Commercial (CN-1) Zone and Mixed Use (MU) Zone for all property currently zoned CB-2 located south
of Davenport Street and north of Jefferson Street.
Plahutnik recused himself citing possible conflict of interest due to employer.
Brooks said at the previous Commission meeting there had been quite a bit of discussion about this item.
The item had been deferred. It was with the understanding that the draft Zoning Code didn't have a CB-2
component in it. If the vote was such that the CB-2 zone were to remain, they would have to go back,
review and revise the proposed draft of the Zoning Code. The plat shown on the overhead showed the
proposed rezoning changes. It was his understanding that the owner of the service station in an area to
be rezoned was comfortable with the proposed rezoning to CN-1.
Miklo said the property owner had indicated it orally but had not provided anything in writing.
Motion: Anciaux made a motion to approve REZ05-00015, a rezoning from Central Business Service
(CB-2) Zone to Central Business Support (CB-5) Zone, Neighborhood Commercial (CN-1) Zone and
Mixed Use (MU) Zone for all property currently zoned CB-2 located south of Davenport Street and north
of Jefferson Street as depicted on the map. Koppes seconded the motion.
Anciaux said no matter what they did on the Zoning Code rewrite, someone would not be happy. In the
process of moving it forward for some things they were going to have to look at the greatest good and go
from there. Property owners could always come back at a later date and request a rezoning.
Koppes said the Commission had discussed this rezoning multiple times in detail. Hopefully the property
owners realized that they could come back and request a rezoning at a later date if there was a need to
rezone to CB-5. She didn't feel the Commission was taking anything away from the neighborhood.
Freerks said right now for the type of growth that the CB-2, which was going away, would provide, it was
more CB-5, which the Commission was trying to push south of Burlington Street with the infrastructure
and the parking ramp. The CB-2 would provide tall skinny buildings surrounded by seas of parking and
that was not the vision for Iowa City. At some point in the future it could be rezoned to CB-5 if at some
time in the future it looked like it reflected better the future of this area and the parking concern was
Planning and Zoning Commission Minutes
September 1, 2005
Page 6
addressed but she didn't see that happening at any time soon. It was a nice small neighborhood
commercial area surrounded by neighborhood residential zones. This plan fit that best, she would vote in
favor of it.
Shannon said he would repeat what he'd said at the last meeting. He agreed with the property owner who
had come to the meeting, they had wanted to keep what they had. They couldn't see how this was going
to simplify anything, going from a CB-2 and changing it to 3 or 4 other zones. He still didn't understand
how it would simplify anything. Shannon said he didn't get as concerned as City Staff did about parking
requirements because the price of gasoline had jumped $1.50 in one week and might be at $4.00 next
week. Things were going faster than he had thought they would, but maybe parking considerations would
not be as important as previously. He didn't mean to buck progress, but since no one was in attendance
maybe they hadn't understood that they could come back. He had liked the CB-2 for this neighborhood
and would vote against it.
Smith said he was not sure how he felt on the whole concept but for the sake of moving the proposed
changes to the Code forward and this being one piece of a much bigger puzzle, he would support taking it
forward to the next step and trying to work out what ever issues existed in the bigger plan.
The motion passed on a vote of 5-1 (Shannon voting in the negative, Plahutnik recused.)
CONSIDERATION OF THE AUGUST 18, 2005 MEETING MINUTES:
Motion: Anciaux made a motion to accept the minutes as typed and corrected. Freerks seconded.
The motion passed on a vote of 7-0.
OTHER ITEMS:
Anciaux said with respect to The Planning and Zoning Case Processing summary, they frequently heard
complaints about how hard it was to get things done in Iowa City and how people were moving to
Coralville because it took too long and it was too expensive. The summary showed most applications
were handled in 3-4 weeks from the date of submission of all materials.
Brooks said it was very interesting and he appreciated Staff's time to compile the data.
Freerks said it showed that City's response was very quick.
ADJOURNMENT:
Motion: Smith made a motion to adjourn the meeting. Anciaux seconded the motion.
The motion passed on a vote of 7-0.
The meeting was adjourned at 8:16 pm.
Elizabeth Koppes, Secretary
Minutes submitted by Candy Barnhill
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