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HomeMy WebLinkAbout06-19-2008 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION Monday, June 16 — 6:00 PM Informal Meeting Iowa City City Hall Lobby Conference Room 410 E. Washington Street AGENDA: A. Call to Order Thursday, June 19 - 7:30 PM Formal Meeting Emma J. Harvat Hall Iowa City City Hall 410 E. Washington Street B. Public Discussion of Any Item Not on the Agenda C. Rezoning Item REZ08-00006: Discussion of an application submitted by Wal-Mart Stores, Inc. for a rezoning to amend the conditional zoning agreement to modify the concept site plan for approximately 25.16-acres of property in the Community Commercial (CC-2) zone at 855, 911 & 1001 Highway 1 West. (45-day limitation period: June 29, 2008) D. Development Item SUB08-00007: Discussion of an application from Southgate Development for a final plat of Kennedy's Waterfront Addition Part Five, a 4-lot, 6.48 acre commercial subdivision located west of S. Gilbert Street, south of Stevens Drive. E. Election of Vice -Chair F. Consideration of Meeting Minutes: June 2, and June 5, 2008 G. Other H. Adjournment Uncomina Plannina & Zonina Commission Meetinas: Informal June 30 July 14 Au ust 4 August 18 September 4 Formal Jul 3 -July 17 August 7 August 21 Se tember 7 * Meeting cancelled due to holiday r CITY OF IOWA CITY MEMORANDUM Date: June 13, 2008 To: Planning and Zoning From: Robert Miklo Re: REZ08-00006 Wal-Mart Conditional Zoning Agreement At the June 5th Planning and Zoning Commission meeting there was a question about the criteria that should be used by the Commission to review amendments to Conditional Zoning Agreement (CZA) pertaining to Westport Plaza (Wal-Mart). This request to amend the CZA does not require a Comprehensive Plan amendment or a change from one zoning classification to another. The question before the Commission is should the CZA, which dealt largely with aesthetic matters, be amended to allow a replacement of the original concept site plan, which depicted a layout for a shopping center, with a new plan that includes one large building, and the reconfiguration of the parking and driveway layout to accommodate this change. Concerns about landscaping, building design and materials are within the Commission's purview. The new concept plan should meet the minimum zoning standards, as it will be used by staff to administratively approve the site plan and building plans at the time the building permit is applied for. The most recent site plan (copy attached) submitted by the applicant does not meet requirements of section 14-5A-5 H Design and Layout of Surface Parking Areas. Subsection 14-5A-5 H.S., requires that large parking lots (over 45,000 square feet or 300 feet in width or length) must be divided into smaller lots. Landscaped medians and drives that do not have parking spaces directly onto them are required to create smaller lots. This is necessary to assure good traffic circulation, improve pedestrian safety and reduce the visual impacts of large parking lots. The site plan currently shows a drive in front of the building and one along the northwest property line near the entry to the property, but only one drive to provide access across the parking lot along the northeast side. This is not sufficient to provide circulation to the proposed 800+ parking spaces and to break the large parking lot into smaller components as required by the code. Staff has met with the applicant's engineer and discussed alternatives to provide at least one more drive across the parking lot. The applicant is planning on submitting a revised plan prior to or at the informal Planning and Zoning Commission meeting on June 19 to address this requirement. Staff has also requested that the site plan be amended to include: 1. The required end caps for all parking rows including those with handicapped spaces. 2. The sidewalk adjacent to Ruppert Road should be set back at least 6 feet from the curb to provide for pedestrian safety and snow storage. 3. Additional landscaping along curb in front of building. 4. Landscaping on Ruppert Road side of building. The building plans currently do not show compliance with Section 14-2C-6 K., which requires that the Ruppert Road fagade of the building be broken into smaller components (at least every 100 feet a projection or recess is required). We have met with the applicants architect and discussed ways to meet this and the other standards contained in this section of the code. Staff has also suggested that the use of more brick on the public facades of the building to meet June 13, 2008 Page 2 the requirement for a vertical change in materials and to minimize the use of Concrete Masonry Units (CMU) on the font fagade. The applicant has indicated that a revised building elevation should be available at the informal meeting. There was also a question from the Commission about requiring an access easement across the Wal-Mart property to the Ruppert property located to the west. The existing Westport Plaza subdivision plat does include an easement that will allow a connection from the Ruppert property to the driveway that terminates near the northwest corner of the Wal-Mart parking lot. This easement is not being affected by the proposed changes to the CZA. If the Ruppert property develops the easement will allow the construction of a drive to the Ruppert property that could be extended to the former Menards property. I HIRU I El 0 ------ - ------ STAFF REPORT To: Planning & Zoning Commission Prepared by: Doug Ongie, Planning Intern Item: SUB08-00007 Date: June 19, 2008 Kennedy's Waterfront Addition - Part 5 GENERAL INFORMATION: Applicant: Southgate Development 755 Mormon Trek Blvd. Iowa City, IA 52244 Contact Person: Glenn Siders 755 Mormon Trek Blvd. Iowa City, IA 52244 Phone: (319) 337-4195 E-mail: gsiders@sgdev.net Requested Action: Final plat approval Purpose: To establish a four -lot commercial subdivision Location: South of Stevens Drive, west of South Gilbert Street Size: Approximately 6.48 acres Existing Land Use and Zoning: Undeveloped commercial - CI-1 Surrounding Land Use and Zoning: North: Commercial (CI-1 and CC-2) South: Commercial (CI-1) and Public (P-1) East: Commercial (CI-1) West: Commercial (CI-1) Comprehensive Plan: General Commercial File Date: May 29, 2008 45 Day Limitation Period: July 13, 2008 60 Day Limitation Period: July 28, 2008 BACKGROUND INFORMATION: The preliminary plat for Kennedy's Waterfront Part 5, a four -lot commercial subdivision on 6.48 acres of land, was approved by the City Council in May of 2008. The applicant, Southgate Development, is now requesting approval of a final plat. The property is located south of Stevens Drive and west of South Gilbert Street. ANALYSIS: The construction plans and drainage counts are being reviewed by the City Engineer. The proposed drainage plan shows a change from the approved preliminary plat. Any change in the drainage plan must be acceptable to the City Engineer. The legal papers have been submitted and are being reviewed by the City Attorney. These documents must be approved by staff prior to City Council consideration of the final plat. In order to minimize side friction on Gilbert Street, a 40-foot by 30-foot access easement will be provided for Lots 2 and 3 to allow them to share one curb cut. Access to Lots 1 and 4 will be provided by a cul-de-sac at the end of Stevens Drive. A 32.5-foot access easement from the terminus of the proposed cul-de-sac will provide the option for access to all of the lots in this subdivision to Stevens Drive. STAFF RECOMMENDATION: Staff recommends that SUB08-00007, a final plat for Kennedy's Waterfront Addition Part 5, a 4- lot, 6.48-acre subdivision be approved, subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat _ Approved by: Z " coy~46iY/h/,w Robert Miklo, Senior Planner, Department of Planning and Community Development S:\PCD\Staff Reports\SUB08-00007 Kennedy's Waterfront 5th Final Plat \SUB08-00007 Kennedy's Waterfront Pt. 5 Final Plat.doc Q ,,.,. 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HARVAT HALL MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Elizabeth Koppes, Wally Plahutnik, Tim Weitzel, MEMBERS EXCUSED: Bob Brooks STAFF PRESENT: Bob Miklo, Sarah Greenwood-Hektoen OTHERS PRESENT: Various representatives of Wal-Mart CALL TO ORDER: The meeting was called to order at 6:00 p.m. by Chairperson Ann Freerks. REZONING ITEMS: REZ08-00006: Discussion of an application submitted by Wal-Mart Stores, Inc., for a rezoning to amend the conditional zoning agreement to modify the concept site plan for approximately 25.16 acres of property in the Community Commercial (CC-2) zone at 855, 911 & 1001 Highway 1 West. The 45-day limitation period is June 29, 2008. Miklo stated that the property in question is on Highway 1 and is the current location of the Westport Plaza shopping center which includes Wal-Mart, Staples, and the former Cub Foods store. Miklo said that the Commission was not being asked to change the zoning from one classification to another, but it is being asked to amend the Conditional Zoning Agreement (CZA) that was entered into in 1989 by the Josephs Company, the original developer of what was to be a shopping center. When that rezoning was proposed, this area was considered an entrance -way into the city, so aesthetics were of concern. The proposal was to do a unified integrated shopping center, rather than free-standing big -box stores. There was supposed to be a row of retail shops along Highway 1 facing the highway to give a finished look to the property. There was to be another row of shops connecting to the anchor stores. This vision never materialized. Wal-Mart and Cub Foods were built and then an amendment was granted to allow Staples to be built to replace a portion of the proposed shopping center. Although the original vision of the CZA was not adhered to, the property is nevertheless a major entranceway into the city and as a result, aesthetics and the appearance from the highway are important. Miklo said the first plan that was submitted had the Wal-Mart store facing more to the west and more of the side of the building facing the highway. Miklo said there were reasons for the applicant to propose this orientation as it would have allowed them to keep the current store open while building the new one. Staff was quite concerned about the building not facing the highway, in terms of meeting some basic requirements of the zoning code that talk about articulating the front of the building and basically putting the best face forward. With this plan, the side of the building that was facing the highway did not have a lot of detail and the loading docks were quite visible from the road. Upon review, Staff found that the plan did not meet the basic requirements of the zoning code, and talked to the applicant about moving the building so that the docks are not visible from the highway. The applicant was able to amend the plan so that the main fagade is what the public will see from the highway. Miklo said that with the new plan there were still some concerns regarding traffic routing and landscaping, but Staff believes these are issues that can be worked through. It was Miklo's understanding that Wal-Mart's engineer was working on Planning and Zoning Commission June 2, 2008 - Informal Page 2 revisions to the plan to address these concerns. Miklo said that he hoped that by Thursday Staff would have a new plan that would show compliance with the city's zoning codes regarding traffic circulation. City code generally does not allow a drive carrying lots of traffic to also serve as an aisle (a traffic way that has parking directly on it). Miklo said there were a few areas on the current plan in which this concern was present. Other than the parking lot design issues, Staff has concerns about the Ruppert Road entrance, which is going to be highly visible and will carry a lot of traffic into the area. The code talks about breaking down the design of the building into smaller elements to eliminate the "big -box" look that might otherwise be present. This is a relatively new code, two or three years old. Miklo said that a fairly good job of complying with this code was done on the front side of the building which is visible from the highway. However, Staff does have concerns about the Ruppert Road elevation and does not feel it meets the minimum standards spelled out in the zoning code. In the front of the building there are a few details Staff feels should be addressed. The code talks about both vertical and horizontal articulation, and while the design does a good job in the horizontal aspect, more could be done to break the vertical plane. Overall, Staff is suggesting using more brick on the building and less of the proposed concrete block. More articulation on the Ruppert Road side is also suggested, and Staff has concerns about the tightness of the entrance on that side (the entranceway is proposed to be adjacent to the building), as well as a need for more landscaping than has been indicated. Miklo reiterated that the application does not require rezoning from one classification to another, but is asking for an amendment to an existing zoning agreement. The Commission is being asked to replace the requirement for an L-shaped shopping center laid out in the current CZA with a larger building on the tract. Staff is not averse to making such a change to the concept plan, but feels that the plan must meet the minimum spelled out in the zoning code and address the aesthetic concerns. Staff is also recommending some more landscaping and tree islands based on a provision in the code which talks about minimizing paving and that where paving is not necessary for pedestrians or traffic there should be landscaping. Miklo repeated that Staff is hoping for a new plan to be submitted prior to the June 5th Formal Meeting, and hopes to be able to report back to the Commission that they concerns have been addressed. Miklo asked if there were any questions from the Commission. Eastham asked how much of the roof area would be visible from the highway. Miklo said they had not tried to calculate that because although the highway elevation is higher than the store, the current store's roof does not show from the highway due to the requirement for a parapet wall. Miklo said he did not imagine that this would be a problem. Eastham asked if it could be calculated prior to approval of the plan. Miklo said that the applicant could be asked to address that at the Formal Meeting. Eastham expressed concern that because the new building was so much larger than the current building the back of the roof might be much more visible. Eastham asked if the Commission's standard of review could include parking lot design and Miklo responded that it could. In terms of amending the CZA, the Commission would be an amendment that was put in place for aesthetics. As a result, the standards of the code pertaining to aesthetics should be adhered to. Miklo said that if there are specific concerns about parking lot landscaping, they could certainly be made part of the CZA. Eastham asked if the applicant could be asked to make the main entrance a drive that is bordered by islands that are tree and grass covered. Miklo said that this would be one way of doing it, and was the way it was handled with the Menard's project. Plahutnik asked if the property was currently owned by Wal-Mart or if it was still owned by the developer. Miklo believed that it was owned by Wal-Mart with options to buy Cub Foods and Staples. Eastham asked about the highway right of way and the two adjoining lots and whether or not they would Planning and Zoning Commission June 2, 2008 - Informal Page 3 be affected by a change to the CZA. Miklo said that these were two independent lots consisting of a car wash and a real estate center, and that while they were part of the original CZA, the conditions and the terms for these properties would not change Eastham asked if requirements for providing screening for the parking lot would complicate things. Miklo said that an S-2 level of screening was required, which consists of 2-4 foot shrubbery surrounding the lot. Eastham expressed concern that because of the elevation of the highway the standard may not be adequate. Miklo noted that while it might not make the parking lot invisible form the highway, the S-2 screening would make the general appearance more pleasant. Koppes asked if there was currently a requirement for access between the Wal-Mart lot and the Menard's lot. Miklo said he would check on this. Koppes asked if the connections shown on the new plan were the same connections currently in place, and Miklo said that he believed they were. Eastham asked if there were sidewalk or trail connections along the highway that were planned. Miklo said that there were not as that would be a capital improvement project. He said that it is in the capital improvement plan to do a trial system along the highway similar to what was done east of the river but that it is not a funded plan at this point. Eastham asked if there would be pedestrian access from the highway. Miklo said that the plan does include one and if the trail does go through it would hook into that. Koppes asked if an amendment to the CZA would go to the City Council. Miklo responded that it would follow the exact same process. Eastham asked about a blank space on the plan in the southwest corner. Miklo said he would have to look into it, but it could be the garden center. As there were no other questions, the Commission moved to the next item. REZ08-00007: Discussion of an application submitted by 6 Corp for a rezoning from Community Commercial (CC-2) to Intensive Commercial (CI-1) zone for approximately .28 acres of property at 700 S. Dubuque Street. The 45-day limitation period is June 29, 2008. Miklo said that this property is just south of the railroad tracks and currently contains a fitness center. One level is on Dubuque Street and then the property drops off to have almost two more levels on the rear side that is accessible from Lafayette Street, which is essentially more of an alley than a street. Under the current CC-2 zone the property owner feels it would be very difficult to utilize the back portion of the property due to its isolation from Dubuque Street. As a result, the applicant would like to convert the building to some CI-1 uses, namely warehousing uses in the form of individual cubicles to be rented out for storage. The Comprehensive Plan in this area and everything south of the railroad tracks is shown to be appropriate for CI-1 zoning. This is the only property in the area that is not already zoned CI-1. In terms of consistency with the neighborhood, it is similar to other uses and zoning in the neighborhood. In terms of long-term planning, as part of the Central District planning this area is being looked at as potentially mixed -use or even residential uses in this area. This would be several years down the road in all likelihood, so in the interim, Staff sees no conflict with rezoning this for CI-1 and recommends approval. Freerks asked what the previous use for the bottom half of the building was and when it was built. Miklo said he was not sure on either count but that it may have been built in the 1950s. There were no further questions and the Commission moved on to the next item. CODE AMENDMENT ITEM: Discussion of a proposed amendment to 14-5J-9 Variances to Flood Plain Management Standards. Planning and Zoning Commission June 2, 2008 - Informal Page 4 Miklo stated that the City has adopted the federal flood plain standards, as has much of the country. Those flood plain standards have a provision that allows for a variance from the regulations that allow the property owner to seek relief from strict compliance. Generally what would need to be shown is that the cost of complying with the standard would be more than any flood damage that might be incurred. This particular issue was brought to Staff's attention because Parkview Evangelical Church wants to add on to their existing building. When that building was built it was 1 foot above flood elevations but due to some recalculation it is now only 6 inches above flood elevation. To add onto it by a certain percentage of the building, everything would have to come into compliance, even those parts of the property that are currently grandfathered in. When the flood plain regulations were adopted, the City also made reference to a general variance standard which requires a higher test. The general variance requires an applicant to show that unless they receive a variance they couldn't make a reasonable use of the property, a very high test. Staff is recommending removal of that standard and relying on the standards laid out in the federal regulations. Miklo said there will still be a process; an applicant will still have to show that there was good reason for the variance; the Board of Adjustment will still have to approve or deny the variance; but the standard would be less strict than it is today. Freerks asked if this was the first time the issue has come up. Miklo said that to his knowledge it was. Eastham asked if reference to this provision was made in other places as well. Miklo said that he did not believe so. There was no further discussion on the matter. ELECTION OF VICE -CHAIR: Freerks stated that the Commission needed to elect a Vice -Chair. Freerks also mentioned that Bob Brooks had announced that he would be resigning his post as a Commission member due to other obligations. She said that he would be sorely missed. Freerks advised people to make sure and communicate early and often if they would be unable to attend a meeting in order to ensure a quorum and a productive meeting. Eastham asked for clarification as to whether or not at least four votes are required to make a recommendation to Council. Miklo stated that four votes are required for a positive recommendation for an amendment to the zoning code or the Comprehensive Plan, or anything else substantial. Miklo said that a 4-1 vote would be sufficient in these cases, but a 3-2 vote would not. Koppes asked if this was the case for anything the Commission might take under consideration. Miklo said it was not true for subdivisions, but for any zoning matter. The idea, Miklo said is that you really want to show a majority of the full Commission in the vote. There was no further discussion. The meeting was adjourned at 6:26 p.m. MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION JUNE 5, 2008 — 7:30 PM — FORMAL CITY HALL, EMMA J. HARVAT HALL MEMBERS PRESENT: Elizabeth Koppes, Tim Weitzel, Ann Freerks, Charlie Eastham MEMBERS EXCUSED: Wally Plahutnik, Bob Brooks STAFF PRESENT: Bob Miklo, Doug Ongie, Sarah Greenwood-Hektoen OTHERS PRESENT: Dennis Mitchell, Ryan Horn, Jeremy Carter, Jackie Cook-Baxby, Gary Sanders, Barry Westemeyer, Tom Carsner, Dan Daly, Wally Taylor, Sarah Swartzendruber RECOMMENDATIONS TO CITY COUNCIL: Recommend approval by a vote of 4-0 REZ08-00007, an application submitted by 6 Corp for a rezoning from Community Commercial (CC-2) to Intensive Commercial (CI-1) zone for approximately .28 acres of property at 700 S. Dubuque Street. Recommend approval by a vote of 4-0 a proposed amendment to 14-5J-9 Variances to Flood Plain Management Standards. CALL TO ORDER: The meeting was called to order at 7:32 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEMS: REZ08-00006: Discussion of an application submitted by Wal-Mart Stores, Inc., for a rezoning to amend the conditional zoning agreement to modify the concept site plan for approximately 25.16 acres of property in the Community Commercial (CC-2) zone at 855, 911 & 1001 Highway 1 West. The 45-day limitation period is June 29, 2008. Miklo stated that Wal-Mart is seeking an amendment to the Conditional Zoning Agreement (CZA) that applies to the Westport Plaza shopping center. The property fronts on Highway 1, where it has its primary entrance; there is a secondary entrance off of Ruppert Road. Miklo pointed out that the City is in the process of building McCollister Boulevard just to the south of Ruppert Road which will provide better access to this property from the east. The applicant is seeking to redevelop the site by removing the existing Cub Foods and Staples stores, building a new Wal-Mart building, and tearing down the existing Wal-Mart store. In 1989, the Joseph Company, the original developer of Westport Plaza, entered into a zoning agreement that tied them to a specific development plan that was intended to produce an Planning and Zoning Commission June 5, 2008 Page 2 integrated shopping center. In order to significantly vary from that site plan, the zoning agreement must be amended as the agreement applied to the original developer and then any subsequent buyers of the property. One of the original reasons for the conditional zoning agreement was to address aesthetic concerns along Highway 1, as this is a primary entrance way and commercial corridor for the city. The shopping center initially proposed never fully materialized as envisioned in the zoning agreement, and the appearance of this area remains a concern. Staff is not opposed to amending the site plan, but given the original intent of the zoning agreement and the concerns about aesthetics along Highway 1, Staff believes that at a minimum the zoning requirements for commercial site development should be adhered to. The original proposal to amend the site plan placed the loading docks in such a way that they were highly visible from Highway 1. Because of that, Staff found that it did not comply with site development standards. After some discussions, the applicant submitted a new site plan which moved the building toward the back of the lot and turned the primary facade so that it now faces the highway. This new orientation makes it possible for the project to come into compliance with the zoning site development standards. However, Staff received this plan and a variation of it only one day prior to this meeting, and as a result, has not had an opportunity to fully review it for compliance with the commercial site development standards such as parking and landscaping. Therefore, Staff is not in a position to recommend approval of this site plan as is. Miklo said that Staff has determined that some aspects of the design do not comply with the building standards for large retail use. The standards require that public facades for large retail buildings be designed into smaller modules to moderate their scale. One theory behind what some refer to as "Big Box" regulations is that they help to make such buildings re -useable for smaller businesses should they ever close. These standards are also intended to address concerns about the appearance of the community, and are becoming quite common in many localities. Our community's regulations require that at least every 100 feet there be a projection, a bay, or a recess of at least 3 feet. There are also requirements for other architectural features to break down the scale of the building. The intent of these is to break both the horizontal and vertical mass of these buildings. Although the front of the proposed building along Highway 1 does seem to generally be in compliance with code, there are some details that need to be worked out. The Ruppert Road elevation does not meet the standards, and there would need to be some redesign of it to articulate the facade and bring it up to minimum standards. Staff also is concerned about the lack of landscaping in this vicinity and along the front of the building. The code specifies that areas not needed for vehicular or pedestrian use be landscaped. The intent of this is to help moderate the "heat island" effect of large paved areas, help slow traffic, and enhance the general appearance of the development. Staff has also asked that the two primary facades use more brick to help comply with the standards contained in the code and to minimize the use of concrete block on the primary facade. At this point, Staff recommends that the application be deferred to allow the applicant to comply with the minimum standards of the code, and to address some of the other suggestions made by Staff. Miklo offered to answer any questions Commissioners may have on the topic. Eastham asked if the site plan shown on Miklo's presentation was the same as the one distributed in the Commissioners' packets. Miklo replied that it was not. The traffic flow pattern shown on the site plan presented to the Commission in their informal work session was of concern to Staff. The revised plan attempts to address that concern. Freerks noted that there had been concern about the tightness of the entrance on Ruppert Road and wondered if that had been addressed. Miklo responded that that area was one in which Staff had suggested additional landscaping to provide space between traffic and the brick wall that screens some of the buildings' cooling units. Planning and Zoning Commission June 5, 2008 Page 3 Eastham asked if the Wal-Mart stores featured in Miklo's presentation as good examples of architecture that complies with Iowa City's codes were of a comparable size to the proposed store. Miklo said he did not know their sizes as they were simply photographs taken off of the internet, whose primary objective was to show "Big Box" retail that complied with City standards. Koppes asked if the site plan indicated a stub to the Menard's property to the west of the Wal-Mart. Miklo said that it did, and that there was a zoning agreement that required that access be provided from the site of the former Menard's across this site. Miklo said that he had been looking into it but that he had not yet found a condition that would require it for this site. He stated that if there is such a condition, the condition would still apply and the amendment would not change it. Eastham said that as he recalled, the original CZA required screening on the southwest corner of the property. Eastham asked if that screening was ever put into place. Miklo said that there was a landscaping plan, and that if you approach the property from the west there are trees in the area Eastham was concerned about. Weitzel said that he had noticed that there are a lot more windows on the facades of some of the example Wal-Marts that Miklo had shared then there are on the proposed Wal-Mart, which has very large areas that lack any windows at all. Weitzel asked if there was any way to have the applicant add windows. Miklo responded that that may be something the applicant wishes to address, and that it has certainly been recommended by Staff. Miklo said that in discussions with the applicant's architect it was noted that they do have a concern for increased heating and cooling costs that windows might cause. The applicant does intend to provide a lot of skylights to bring in natural light. Miklo shared an architectural example which had display windows which did not penetrate the building but still had the look from the outside of a window. Eastham asked if the roof toward the back might be plainly visible from the highway, given the highway's elevation and the store's great size. Miklo said that it was possible to do an analysis with modeling to find out exactly the answer to this question; however, he did not believe this was a concern due to the requirement for a parapet wall and the fact that the store will be at the same elevation as the current store (for which roof visibility is not a concern). Freerks asked if there were any further questions for Staff from the Commission. There were none. The public hearing was opened. The applicant was invited to speak. Dennis Mitchell of Meardon, Sueppel and Downer spoke on behalf of the applicant. He stated that the applicant is agreeable to a deferral in order to give themselves time to work through the remaining issues Staff has. Mitchell said he was hopeful that any concerns would be worked out by the time he appeared before the Commission again in a few weeks. Mitchell said that he had with him Ryan Horn, Senior Manager for Public Affairs for Wal-Mart, Jeremy Carter, engineer and project manager from Art Design Resources, and Jackie Cook-Baxby, an architect from the Benham Companies, who would all hopefully be able to answer the Commissioners' questions. Ryan Horn thanked the Commission for the opportunity to come before them. He noted that this was a very complex development with: a very large site, vacant buildings, a lot of demolition and a lot of very advanced site planning required. Horn wished to point out a couple of differences between this project and the last Wal-Mart project. First, Horn said, there are no other Wal-Marts in the state of Iowa that look like this one. Horn said that this Wal-Mart had a much higher level of architectural design; a level which Wal-Mart would be turning to more and more in the future. Horn said he believed that the style of architecture was one that fit Iowa City very well, and that it is very appropriate that Iowa City should be the first to have this new look for the Wal-Mart brand and the customers who shop there. Horn stated that a new facility was also important for the 200 folks who work at that Wal-Mart; people who run one of the Planning and Zoning Commission June 5, 2008 Page 4 best performing stores in the region, and whose building right now does not reflect the quality of work that they do, nor does it reflect the modern Wal-Mart brand. As a company, this change will give Wal-Mart an important role in the look of Iowa City and the community of Iowa City, as this property is situated on an entrance corridor to the city. Horn noted that the retail sector in the United States is in an era of contraction not expansion, and this change is a good opportunity for Wal-Mart to make a positive impact on the look of the city and bring a real modern discount product to the fore. Another difference between this Wal-Mart project and the last one is the issue of environmental sustainability, said Horn. Around the same time the last plan was presented to the City a few years ago, the company as a whole began looking at environmental sustainability and the role the business community and private industry should play. Wal-Mart has, on the whole, embraced environmental sustainability as a company. From the energy efficiency of trucks, to their overall carbon footprint, to where they get their fish, to international labor practices, to fair trade products stocked on their shelves: all of these are areas Wal-Mart is focusing on intently right now. Wal-Mart's biggest focuses right now, as far as environmental sustainability, is the way in which it builds its stores and their energy efficiency. This particular store will have a couple of unique features — hopefully, Horn noted, they will not be unique for long. First, this particular store is going to have a little bit smaller footprint, decreasing the retail space by about 9,000 square feet from what is available at the shopping plaza right now. About 350 parking stalls will also be eliminated, so there will be less impervious surface. The architecture has a very organic style with a lot of trees, canopies and landscaping. Horn noted that the drawings being discussed are in fact architectural renderings, and therefore are focusing on the building more than the landscaped areas. When the store is built, a good portion of the material from the demolition will be ground and reused in the subflooring for the new store. The store will be equipped with light -emitting technology on the outside signs and on freezer cases. Everything Wal-Mart does in environmental sustainability is done for its profitability, said Horn. He believes that this is at the core of the long-term success of the sustainable movement: there has to be a profit motive behind all of it, otherwise companies will not do it. Heat transfer technology will go into this store, where there will be no water heaters per se; rather all of the water is heated by the heat loss that is created by heating and cooling systems. Horn said there are a myriad of other things the store will be doing to increase its sustainability. Horn believes these are the two main differences in the store this time around, and that they reflect the differences in their changing, evolving company. He thinks this is a chance to do something very positive for the city and for those 200 people working at the store. Eastham noted that Horn had said there would be less impervious surface area in the new development. Horn said that yes, there would specifically be less parking area. Eastham said he understood that there would be less parking area, but noted that this did not necessarily mean less impervious surface. Horn said that he had to admit he had extrapolated that because the building space itself will go down by about 10,000 square feet and 350 parking slots would be eliminated, there would be less impervious surface. Eastham suggested that it would be interesting to look at that idea in detail. Horn said that they would do so. Horn said that Wal-Mart had also been testing pervious concrete in some of its stores, but that they were finding that it was not working as well as had been hoped. Horn then invited Jeremy Carter to speak. Carter showed a graphic of the current site plan laid over the current shopping center to demonstrate the actual reduction in retail space after the finished product. The current landscaped islands at the site were done 18-20 years ago and are very small, Carter said. The new islands meet the ordinance; there are a lot more islands which will equal more green space and as a result, less impervious surface area. Less impervious surface translates into less storm water run-off. As a result, the existing storm -water system will be sufficient. Carter said that one of the big differences between the present Wal-Mart and the proposed Wal-Mart is the presence of a grocery area in the new one. There are three entrances: the grocery vestibule, the general merchandise vestibule, and the garden center. There are, of course, significant things that happen at the back of the building away from the eyes of most customers. Almost all merchandise that Planning and Zoning Commission June 5, 2008 Page 5 comes through the store will come through the truck dock, which has two major parts to it: the truck wells for big semis, and the delivery door for the smaller trucks. The refrigerator compressor housing is also in this area. The plan submitted a week ago had some concerns regarding traffic flow. Wal-Mart addressed these concerns in the newest plan by eliminating some parking and redirecting traffic around some landscaping islands. The trucks would enter and exit from the Ruppert side. Jackie Cook-Baxby said that architecture is a tough subject because everyone has an opinion on what materials should be used, which way it should face, etc. Within the last year, Wal-Mart has begun looking at not only the energy conservation inside the building but what they're actually using on the exterior when building. Cook-Baxby called this truth in architecture, truth in merchandising. In discussions of adding windows where there are "back of the house" functions, Wal-Mart has at this point decided that that is not what they wish to do because they are misleading the public into thinking that there is something important there for them to look at. In reality, Cook-Baxby said, the important parts of the store are at the front: the Market and Pharmacy entrance, the General Merchandise/Home and Living entrance, and the Garden Center entrance. This store will have a full garden center with a semi -interior feature, similar to Lowe's garden center, as well as a drive -through area where the bagged goods are kept. An open canopy feature has been added to some of the entrances to add interest to the entrances along the front of the store. A large planter with an edge and height appropriate for sitting has been added. Lighted and decorative features along the front of the store help prevent contact between pedestrians and traffic. They do have windows in all of the places that make sense, and entryways that are very well lit. There are a few windows in the recycling area and the cart area; they have a treatment that mimics windows in areas where there are things you would not want to be witnessing — a bathroom area, storage area, etc. There are a number of brick features across the front. To address some of Staff's comments, Cook-Baxby said that a brick wall has been added at the end of the Garden Center to break up the wall mass of the area. They have also added a continuous canopy around the corner of the building per Staff suggestions. Cook-Baxby pointed out a number of decorative and landscaping features on the truck -dock side of the building, that she believes meet or exceed standards. The building is done with a wide variety of high -quality construction finishes. Cook-Baxby truly believes that this building reflects the future growth of Wal-Mart, a more contemporary idea that has addressed the zoning ordinances, and results in a nice property for Iowa City. Weitzel said that he believed that some of the areas on the building are still quite massive and could be further articulated horizontally or have fenestration added to break up the large space. Cook-Baxby said that they had looked at it and had tried to emphasize those features that are going to draw the public to where they want to be. As a result they have a pedestrian scale, a branding scale, and a signage scale. Weitzel said he would refer to the suggestions, if not a direct requirement, in the code which asks that a building could be easily repurposed into smaller stores should it ever need to be re -used. Weitzel said he understood Wal-Mart wished the building to be designed for its own use, but that 25 years is not a very long lifespan for a building. Cook-Baxby said that she did not anticipate the building being torn down, and added that her firm has repurposed at least two Wal-Mart stores quite successfully. Eastham said that he understood Cook-Baxby's firm had designed the original Wal-Mart store in question. Eastham asked if she and the firm had a chance to review the current zoning ordinances before designing the current plan. Cook-Baxby said that they absolutely had reviewed them. Freerks referred to the examples shown in Miklo's presentation as well -designed within the standards of the code, and asked Cook-Baxby if any of these were affiliated with her firm. Cook-Baxby said they were not, but that she could say that those Wal-Marts all appear to be several years old with a larger floor plan than this, and several of them appear to be in more temperate climates than this. Cook-Baxby said that this store is designed to be of the highest energy usage for a cold weather climate, and that her firm specializes in that. Planning and Zoning Commission June 5, 2008 Page 6 Horn interjected that from a layman's point of view it is very difficult to compare a photograph (as were used in the examples presented by Miklo) and an architectural rendering (as used in Wal-Mart's presentations) because photographs have so much more relief. Horn said that this building probably has as much or more relief than the buildings shown in the photographs, but the architectural rendering which flattens everything into 2-dimensions makes that difficult to see. Miklo stated that some of the photographs were from the suburban Chicago area. Eastham asked Cook-Baxby if her architectural firm was also responsible for the design of the parking area and its landscape and she said that it was not. Freerks asked if there was anyone else from the applicant's staff who wished to speak. As none came forward, Freerks opened the comments to the public. Wally Taylor, an attorney from Cedar Rapids representing Iowa City Stop Wal-Mart stated that he had just had the opportunity to look at the Conditional Zoning Agreement. It appeared to him that what was being talked about was not amending a zoning ordinance, but about minor landscaping details and the like. Basically, Taylor said, we're talking about putting lipstick on a pig. Taylor said that a step back needs to be taken to look at the zoning agreement that has been in place, where it has been, and why Wal-Mart should not be allowed to amend it again. The original zoning agreement was adopted back in 1989 by the Josephs Company, and the plan then was to have a group of smaller stores that were compatible, looked nice, and went together. Somehow, Taylor said, that didn't quite happen. Wal-Mart was one of the original tenants, the anchor tenant at that time. In 1996, because things had not gone according to plan the City Council agreed to make a couple of minor adjustments to the zoning agreement, taking out the requirement that the facades on the retail centers would have to provide horizontal continuity, although they were still to be compatible. The other item changed in 1996, was to remove the requirement for cohesive integrated development; however, it was left in the ordinance that it was to be a development of several stores whose facades had to be cohesive and match each other. Taylor noted that the responsibility of the developer to conform to the zoning agreement was passed to Wal-Mart when they purchased the property. Wal-Mart, Taylor said, is now responsible; the zoning agreement has not been complied with throughout the property's history, and he does not think that Wal-Mart should be allowed to just throw out the agreement now and amend it again. Taylor said that Horn was correct in saying that retail is in contraction, but that the reason for it is because companies like Wal-Mart have eaten up all of the competition. Taylor disagreed with Horn's statement that Wal-Mart was a company focused on sustainability; a sustainable community, Taylor said, is one that has many different types of businesses and employs lots of people with good jobs. Taylor said that the Commission has the ability and the authority to say that the CZA has been violated, the plan adopted here does not fit with what the city of Iowa City wants for that area, and therefore, the application should not be approved. Gary Sanders, Chair of Iowa City Stop Wal-Mart, complimented the Wal-Mart folks on their presentation and acknowledged that they had all worked extremely hard on this. Sanders said that they just had some different ideas on a few things. The look of Iowa City, Sanders said, was one of these issues. He has a different idea of what he would like the look of Iowa City to be when you enter into town. In terms of the environmental issues, Sanders said that he would like to point out that considering that Wal-Mart manufactures most of its products in countries with almost no environmental controls —such as China--, and that these countries are half -way around the world and products therefore must be transported long distances to reach the United States, that by helping to destroy local businesses all over the country Wal- Mart has increased the distance that people have to drive to buy life's necessities, and that Wal-Mart paves over millions of acres every month, the idea that this is a green company is laughable. Sanders said that if the Commission did not wish to take that into consideration by the narrow standards of what they believe they have to vote on, then that is their own affair. However, Sanders stated that he is strongly opposed to this project. He said that the project is a monster, and while it may be the best looking monster in the state of Iowa, it is a monster nonetheless and he is completely and totally opposed to it. Planning and Zoning Commission June 5, 2008 Page 7 Rob Eidelhart, a Ruppert Road property owner, wished to state that the people from Iowa City Stop Wal- Mart do not care about Iowa City; rather, they just hate Wal-Mart. Eidelhart said that it does not matter what the front of the building looks like or what materials were used, that it wouldn't matter if there were solar panels on the roof and not a drop of energy used to run the place, it would still not be enough for these guys. In making your decision, Eidelhart urged the Commission, remember that these people are here to make trouble, not to help Iowa City. Eidelhart stated that he had owned rental property in that area for about two years now and that he feels his property values are going down because the area is deteriorating. He said the vacant buildings on the site and the unsuitable parking lot make it impossible to draw new businesses to that area. He believes that the requirements that Wal-Mart is willing to meet and the money they are willing to invest will completely revitalize that part of town. He believes that anyone who owns a business on that side of Iowa City will love to see the new Wal-Mart come in because it will generate so much traffic, so much business, and so many taxes. Eidelhart said he believes that this is a very nice Wal-Mart, and that when such a nice building goes in, the rest of the buildings in the area will follow -suit. Eidelhart indicated that he doubted that the Iowa City Stop Wal-Mart group was there when the new Menard's building was going up, and that building was not nearly as nice as the proposed Wal-Mart in his opinion. Eidelhart reiterated that this was a good thing for Iowa City as well as a good thing for him personally as a property owner in the area, and that he fully supported it. Barry Westemeyer, managing partner and president of Westport Touchless, the car wash in the front of Westport Plaza, stated that he had a vested interest here but that he tended to agree with Horn in his assessment of Wal-Mart's impact on the look of Iowa City. Westemeyer asked if we want the look of Iowa City to be hulking, empty buildings, with Menard's, Cub Foods, potentially Staples, potentially Wal-Mart if it decides that it is no longer worth being in Iowa City anymore if they have to continue to fight. Westemeyer said that he believed Wal-Mart would continue to make improvements to meet all requirements. He said that he was excited about the change and believed it was a great thing. He stated that he does not in any way agree with everything Wal-Mart does, not by a long shot. However, he said, they're here already, and they're here in an ugly building with an atrocious parking lot. From the perspective of a property and business owner in town, Westemeyer asked if his property taxes would rise even more if Iowa City continues to lose businesses. Referring back to Taylor's statement that the proceedings were tantamount to putting lipstick on a pig, Westemeyer posed the question of is it better to just let the pig sit there and decompose. Tom Carsner stated that he had spoken a few years earlier when the Wal-Mart issue came before the City Council. Carsner stated that there were at least 22 detailed conditions that Wal-Mart had demanded of the City before they would sign the contract at that time. Carsner remembers thinking the City should make some requests of Wal-Mart to even things out. In this situation, Carsner said, the important thing is to play by the rules. It doesn't matter that Wal-Mart is the largest company in the world, Carsner said; they still have to play by the rules. The rules, Carsner said, are those imposed by the City and its Planning and Zoning Commission, but also those which measure Wal-Mart in the larger sense as a corporate citizen, a member of the community, how they treat their employees and the environment, and what we want as a city. Playing by the rules is very important, Carsner said, and it is the role of the Commission to make sure they play by the rules. He said that most of what had been talked about are details, but really there is an agreement the Commission is being asked to change. You should be sure, he cautioned, that they are doing it by the rules and that there are good reasons for it. The Planning and Zoning Commission said no to Wal-Mart a few years ago, and they can do it again, Carsner said. When it comes to playing by the rules, everyone is equal, and he urges the Commission to continue to use their good judgment and look at Wal-Mart as an equal and as any other customer trying to do business with the City. Dan Daly said that he hoped that the Commission could consider looking beyond the interests of owners of deteriorating property, vested interests, and real estate speculators and embrace the idea of cultivating Planning and Zoning Commission June 5, 2008 Page 8 good corporate citizenship in our communities and their positive impact on the community as a whole. Daly said that he shares the concerns voiced by others for the businesses that Iowa City is losing as a community, especially in the time since Wal-Mart has come to town. Daly asked who was responsible for monitoring and maintaining the water quality of the retention pond and to meet what standards. He also wanted to know, in the interest of carbon footprints, if Wal-Mart was making an active effort to buy from local and state manufacturers, contractors and producers. Finally, he wished to know if the issue of the large number of Wal-Mart employees in town who qualify for welfare is being addressed. He said that he knew a great number of Wal-Mart employees were only working part-time and as a result could not adequately provide for their families. He posed the question as to what the percentage of Wal-Mart workers working part-time was nationally as well as locally, and what that percentage would be for the new, proposed Wal-Mart. Daly said he did not represent any group, and that he was simply a citizen and a taxpayer that wanted to know some of these things. Sanders returned to the podium and stated that he would never impugn the motives of anyone for or against this project or any project in the city. He said that he believed that all of the residents of Iowa City in the room have the common good of Iowa City in their hearts, although their opinions on the proposed project may differ. No matter what the Commission decides, Sanders said, he would never say anything personally about the motives of the Commission members; just as three years ago, he never said anything against the members of the Council or the Board of Adjustment when they voted in favor of Wal- Mart, as he knew then, and now, that those people believed themselves to be working in the best interests of Iowa City. Sanders said he would never say anything against those working for Wal-Mart as they are just doing their jobs. He said that he would like to have the discussion of this project among all of the citizens present reflect that though they may differ, they all have the good of Iowa City in their hearts. Horn returned to the podium and said that one part of his job that he takes very seriously is the 200 employees of Wal-Mart whom no one else represents in these types of discussions. Some questions were asked about the wages Wal-Mart employees make and the health-care benefits they receive, and whether or not they were all on Medicaid, and, Horn pointed out, those questions were not before the Commission at this time. Nevertheless, Horn said, he wished to address the facts of these matters and to tell the truth about how hard these people work doing what they do. Horn stated that Wal-Mart's average percentage of associates not covered by health insurance is a little over 7%, which is roughly half the national average. Over 50% of Wal-Mart's associates are covered by the Wal-Mart health insurance plan, as opposed to 40% reported by the New York Times as Target's average. In Iowa the average wage of hourly employees is over $11.00 per hour; at a store like this one in Iowa City with a lot of experienced workers he imagines it is even higher. A strong majority of employees in Iowa City and the state of Iowa as a whole are actually full-time workers, working an average of 32 hours per week or more. All associates, whether full or part time, are eligible for health care benefits with a wide array of plans from which they can pick and choose the plan most appropriate for them. Because there were questions on these subjects, Horn said he wanted to clear these things up. He said he wanted to make sure that people knew that people who work at Wal-Mart often do so because wages are competitive and benefits are good, and he advised people who have concerns about this to go and ask the managers at Hy-Vee. Freerks asked if there was anyone available from Wal-Mart this evening that could address the questions concerning the retention pond, or if more time was needed on that. Jeremy Carter responded that the retention basin is currently maintained by Wal-Mart, Staples and Cub Foods. He stated that when Wal- Mart purchases their property, Wal-Mart will become solely responsible. Carter pointed out that the storm -water retained in the pond comes not just from Wal-Mart's site, but from the car dealership to the north and from public water off of Ruppert Road. Carter said that he could not quote the standards of the actual ordinance, but he assured Commission members that it would be looked at and would fully comply. Freerks invited further public comment. None was offered The public hearing was closed. Planning and Zoning Commission June 5, 2008 Page 9 Eastham moved to defer REZ08-00006, an application submitted by Wal-Mart Stores, Inc., for a rezoning to amend the conditional zoning agreement to modify the concept site plan for approximately 25.16 acres of property in the Community Commercial (CC-2) zone at 855, 911 & 1001 Highway 1 West, to the Commission's June 19, 2008 meeting. Weitzel seconded the motion. Freerks invited Commission discussion on the matter Eastham stated that the features of the application that he was interested in as a Commission member have to do with the parking area as well as the design of the building fagade. Koppes requested more information on what the current CZA is. She said that she can see in the site plan that there is not a whole lot changing, but she would like a clearer definition of what in the CZA will be changed. Freerks clarified that this request was for further information to be provided at the next meeting. Koppes said she was asking Staff to really highlight what the changes are to the CZA, as she was still seeing very similar wording. Hektoen -Greenwood said that at this stage it is primarily about the site plan, as it is incorporated into that agreement that they are bound by the current site plan. She said that some of the other requirements at the time the property was developed were about the access road and things like that that are no longer applicable because they have already been done. Miklo said that the only significant change was replacing one site plan with another, one concept plan for another. Koppes said that the question she has is if, legally, the only thing the Commission is looking at is the site plan; all of the other issues, environmental, corporate citizenship, etc., cannot be addressed. Freerks said that the other issues could be looked at in terms of how they fit into the City's code. Hektoen- Greenwood said that these issues could be looked at in the context of the City's ordinances. Koppes said there was not to her knowledge anything in the code regarding "green" versus "non -green." Freerks clarified for the audience that there are "Big Box" standards beyond the CZA that the Commission would take into account in its decision. Eastham said that along the same lines he was going to ask the Assistant City Attorney or Staff to clarify or give a summary of the review criteria at the next meeting that they see as applicable to the Commission for this application. Eastham said this was especially relevant given the number of comments that had been made about things which may or may not be within the scope of the Commission. Hektoen-Greenwood said that this application was considered just as any other rezoning because that is what it is. Weitzel said that he feels there is clearly reason to defer this application given that the site plan is still being developed. Freerks agreed with his comments and said that she wanted to take some more time with the CZA and take a look at that. She said that especially in light of the fact that things did not occur as expected the last time around with Wal-Mart she wanted to take her time. She believes that the exterior requires some work before it could meet the City's "Big Box" standards. She would like to have Staff have information on changes prior to the day before the Commission meeting so that they have time to closely review the materials. She stated her agreement with the deferral. The motion to defer passed 4-0. REZ08-00007: Discussion of an application submitted by 6 Corp for a rezoning from Community Commercial (CC-2) to Intensive Commercial (CI-1) zone for approximately .28 acres of property at 700 S. Dubuque Street. The 45-day limitation period is June 29, 2008. Planning and Zoning Commission June 5, 2008 Page 10 Ongie stated that the zoning change requested by the applicant would allow the lower level of the property to be converted into self -storage units. The upper unit of the property, which faces Dubuque Street, currently operates as a yoga studio, which the applicant would like to continue. The applicant would like to supplement this use with self -storage units in the lower level of the building. The current CC-2 zoning is intended for retail goods and services that require high visibility. CC-2 zoning does not allow self -storage units. The proposed zoning, CI-1, allows outdoor storage, self -storage units, repair of large equipment and motor vehicles, and buildings that are not completely enclosed. Rezoning would allow the applicant to both continue the building's current use in the upper level, while adding the self - storage to the lower level. The Comprehensive Plan identifies properties south of the Iowa Interstate Railroad as appropriate for Intensive Commercial use. Except for the University's property in the P2 zone, properties south of the railroad are zoned CI-1, so rezoning this property would make this property more consistent with the Comprehensive Plan and the surrounding area. Staff is currently working on the Central District Plan and has identified this area as appropriate for transit -oriented development in the future. The applicant has expressed interest in redeveloping this property for a mixed -use purpose in the future, but as of this time, the request is for CI-1 zoning. Traffic along the back side of the property where the storage units will be contained cannot be accessed directly from Dubuque Street. Access to these units is provided by a drive coming off of Lafayette Street. Staff believes that the change in use will not significantly impact traffic flow. Staff recommends approval of this rezoning request. Freerks asked if there was a plan to alter the exterior of the building, or if screening standards would come into play. Ongie said that he was unsure about the property owner's plans for screening at this time. Miklo said that if there was any outdoor storage then screening would be required. Freerks opened the public hearing and invited the applicant to speak. Sarah Swartzendruber of Moyer & Bergman Law Firm spoke on behalf of the applicant. As to the question on configuration, Swartzendruber said the storage units will all be located inside of the building and will be accessed by the existing entrance. The yoga studio currently operates in two buildings that are adjacent, 700 and 710 S. Dubuque Street. One of these buildings is zoned CC-2 and one is zoned CI-1. The application is just to rezone the CC-2 property to CI-1 in order to make things more consistent. The principal use of the building will not change with this rezoning. Until such time as the Comprehensive Plan is amended and a mixed -use transit -oriented development is more appropriate, this rezoning will better suit the applicant's purposes. Koppes asked if the storage units would be accessible 24-hours a day. Swartzendruber did not know. Koppes asked about security plans in the event of 24-hour accessibility. Swartzendruber said that the surrounding properties were zoned CIA and that a neighboring building is used as construction storage and to her knowledge there are no security concerns in the area. She said that they would certainly comply with any lighting or security standards code required. Freerks asked Miklo if there were security requirements for self -storage units. Miklo said he did not believe so. Koppes said that lighting was her primary concern. Miklo said that he didn't believe there was an applicable minimum standard in this case. Freerks asked if the applicant was aware that if the property was fully redeveloped with a CIA zoning there would be other things required in terms of screening, etc., that would need to be complied with. Freerks said she understood that the applicant was not planning on an immediate redevelopment but she said that she needed to clarify and think to the future as the zoning could be changed one day and the property sold the next. The public hearing was closed. Koppes motioned to approve REZ08-00007 an application submitted by 6 Corp for a rezoning from Planning and Zoning Commission June 5, 2008 Page 11 Community Commercial (CC-2) to Intensive Commercial (CI-1) zone for approximately .28 acres of property at 700 S. Dubuque Street. Eastham seconded. Freerks invited discussion on the issue. Weitzel said that it looked like the project met the criteria of the zoning codes and Comprehensive Plan and he would be voting in favor of it. Freerks said she believes it complies with the Comprehensive Plan and that she sees no reason not to approve the rezoning. A vote was taken and the motion carried 4-0. CODE AMENDMENT ITEM: Discussion of a proposed amendment to 14-5J-9 Variances to Flood Plain Management Standards. Miklo said that current flood plain management regulations are pretty much modeled after the federal regulations that are pretty common throughout the country. Miklo said that when the City adopted its most recent zoning code a reference was made to the general variance requirements, even though there was already a variance standard in the floodplain regulations. Miklo said that in retrospect this should probably not have been done as the standards for a general variance through the zoning code are very high. To meet those standards, it must be shown that reasonable use of the property cannot be made and that by imposing the standards the City is almost taking away the value of the property. For flood plain regulations, the standard is somewhat different in that what is considered is whether a property that is not in compliance with standards will sustain more monetary damage in a flood than the investment it would take to bring it up to standards. Miklo said Staff is proposing to strike the language regarding the general variance in the flood plain regulations. The variance standards within the flood plain regulations would still apply, and would still need to be reviewed by the Board of Adjustment. Miklo invited questions from the Commission. Weitzel asked if this would have implications for construction standards. Miklo said that this generally will apply when someone is adding on to an existing building. In almost all cases of stand-alone new construction, the standards should be able to be complied with. Miklo said that what brought the problem to light was the Parkview Evangelical Church, whose building is currently only 6 inches above the floodplain and who would be required, by today's standards, to be one foot above flood plain. The new section of the building where they are adding on will meet current standards. However, in order to tie that portion of the building in with the existing building, current wording would require much greater expense to be gone to in making the older section meet requirements than the building would sustain if ever damaged by flood. A public hearing was opened on the matter. Seeing no one, the public hearing was closed. Eastham moved to recommend amending the zoning code, Article 14-5J-9, Variances to Flood Plain Management Standards, as proposed in a memo from Karen Howard to the Planning and Zoning Commission dated June 5, 2008. Weitzel seconded. Freerks invited discussion from Commission members. Planning and Zoning Commission June 5, 2008 Page 12 Koppes said that she thought it made things much easier to simply reference directly the federal standards, and that this is a good change. Weitzel said that this would seem to be a universal standard. Freerks agreed, pointing out that applications for variances would still be reviewed by the Board of Adjustment. A vote was taken and the motion carried 4-0. ELECTION OF VICE -CHAIR: Koppes motioned to defer electing a Vice -Chair at this time because Wally Plahutnik was not present and it was her understanding that a new Commission member had been appointed. She preferred to discuss the issue when more Commission members were present. Eastham seconded. The motion carried 4-0. CONSIDERATION OF MEETING MINUTES: MAY 121h and May 15th 2008 Miklo pointed out that in the past the Commission did not review the Informal Meeting minutes, but that Staff will be trying to get those to Commissioners in a timely manner for their review, and would try to get them out at the same time as the Formal Meeting minutes. Eastham pointed out three brief revisions to the minutes that needed to be made. After discussion of the changes among members, Koppes motioned to approve the minutes with the changes suggested by Eastham. Eastham seconded. The motion carried 4-0. OTHER: Miklo updated Commission members on the City Council's actions on the Neuzil property on Olive Court and the Galway Hills development. ADJOURNMENT: Eastham motioned to adjourn. Weitzel seconded. 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