HomeMy WebLinkAbout01-07-2010 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION
Thursday, January 7, 2009 - 7:00 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. Comprehensive Plan Item
Public hearing on an amendment to the Comprehensive Plan to amend the long-range planning
growth area boundary to accommodate the annexation proposed by the Moss Green Development
Corporation.
D. Annexation / Rezoning Item
ANN09-00001 & REZ09-00006: Discussion of an application submitted by Moss Green Development
Corporation for annexation and rezoning of approximately 132 acres of land near the intersection of
Highway 1 and Interstate-80 from County Agricultural (C-AG) to Interim Development - Research Park
(ID -RP).
E. Rezoning Item
REZ09-00011: Discussion of an application submitted by Dealer Properties IC, LLC for a rezoning
from Commercial Office (CO-1) zone to Intensive Commercial (CI-1) zone for approximately 5.05
acres of property located on Mormon Trek Boulevard, south of Eagle View Drive.
(45 day limitation period: January 29, 2010)
F. Consideration of Meeting Minutes: December 14 and December 17, 2009
G. Other
H. Adjournment
Uncomina Plannina & Zonina Commission Meetings
Informal
Ja . nuary
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February_
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February
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March 1
Formal
January
21
Februa
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L Febr.uary
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March 4
Meeting cancelled due to holiday
City of Iowa City
MEMORANDUM
Date: December 30, 2009
To: Planning and Zoning Commission
From: Karen Howard, Associate Planner
RE: Comprehensive Plan amendment to adjust the growth area limit to include area requested for
annexation (ANN09-00001)
The City's growth policy articulated in the 1997 Comprehensive Plan indicates that voluntary
annexations should be viewed positively if certain conditions exist, one of which is that the area under
consideration falls within the City's adopted long-range planning boundary. As was discussed at your
December 17 meeting, a significant portion of the land requested for annexation (ANN09-00001) is
outside the City's current growth area limit.
When the Comprehensive Plan was adopted in 1997, the growth area limit was established to
coincide generally with the area that can be served by the existing sanitary sewer system, which
basically follows watershed boundaries. However, there are a few areas were watershed boundaries
are not clearly defined. One of these areas is in the North Corridor, located north of Interstate 80.
While it was acknowledged at the time that capacity existed within the River Corridor Trunk line to
serve an additional 700 acres beyond the designated growth area limit, it was decided that drawing
the line based solely on sewer capacity in this area was difficult and that other factors should be
considered. These factors included consideration of what areas could be served most efficiently with
roads and city services and what areas would allow for the most compact development in relation to
the rest of the city. In the end it was decided that the line should be drawn to coincide with Rapid
Creek, a defining feature of the area, with the acknowledgement that in the future the growth area
limit line would have to be re-examined and defined more specifically as development pressure
increased.
Any significant adjustment to the growth area limit in the North Corridor should involve a broader
public discussion and agreements between the City, Coralville, and Johnson County, which could
occur when the City conducts a more detailed district planning process for the North Corridor District.
In the meantime, as stated in the staff report for the subject annexation, a limited adjustment to the
growth area limit may be warranted to allow Oakdale Boulevard to be extended from Highway 1 to the
Moss property so that land already with the city's corporate limits can be developed. The JCCOG
Arterial Street Plan, an element of the City's Comprehensive Plan, indicates that extending Oakdale
Boulevard from Coralville across Dubuque Street and Prairie du Chien Road to Highway 1 will be
necessary to provide local access to developable areas within the City's growth area and to fill a gap
within the arterial street network that will help to relieve traffic congestion along existing streets. Since
construction of this arterial street will involve a significant investment and will undoubtedly increase
pressure for development of urban uses along the street corridor, it is in the City's best interest to
extend the growth area limit to include the proposed roadway and abutting lands.
Therefore, Staff recommends that the Comprehensive Plan be amended to adjust the growth area
limit as shown on the attached map.
Approved b :
PP Y
Jeff Yaviason, Director of Planning,
Department of Planning and Community Development
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To: Planning & Zoning Commission
Item: REZ09-00011
GENERAL INFORMATION
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION
STAFF REPORT
Prepared by: Jake Rosenberg, Planning Intern
Date: January 7, 2009
Dealer Properties IC, LLC
3401 West 41 sc Street
Sioux Falls, SD 57106
David Larsen
277 Hickory St.
Kalona, IA 52247
(319) 656-5271
Rezoning from CO-1 to CI-1
To allow use as a car dealership
Eagle View Dr and Mormon Trek Blvd
5.05 acres
Undeveloped, Commercial Office (CO-1)
North: Undeveloped; Commercial Office
(CO-1)
South: Undeveloped; Highway
Commercial (CH-1)
East: County Agricultural (A)
West: Undeveloped; Highway
Commercial (CH-1)
Office Park or Intensive Commercial
December 15, 2009
January 29, 2010
The applicant, Dealer Properties IC, LLC, requests that the subject property located southeast
of the intersection of Mormon Trek Boulevard and Eagle View Drive be rezoned from
Commercial Office (CO-1) to Intensive Commercial (CI-1) in order for the land to be used as a
car dealership. The applicant states that CI-1 zoning for the parcels is: (1) compatible with other
car dealerships in the area, (2) in compliance with the Comprehensive Plan, and (3) provides a
sensible transition to industrial development to the east.
The subject property was annexed into Iowa City in 2003. At that time, the City and the
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applicant collaborated on the appropriate zoning for the area to support the City's goal of
enabling future development of new areas for commercial office, intensive commercial and
industrial uses south of the airport. The subject property was initially zoned CI-1 and then
rezoned to CO-1 in 2007.
In 2005 the City Council approved the final plat of JJR Davis Third Addition, which includes lots
1 and 2. The final plat contains a note prohibiting direct vehicular access from this property to
Mormon Trek Boulevard. Access will be from Eagle View Drive. There is the possibility of an
access easement over property located east of the old Dane Road to lot 2.
The recent east/west extension of Mormon Trek Boulevard will greatly impact future
development in and around the subject property. The extension permits new access to South
Central District properties for future development and provides an arterial street connection to
other parts of the community. With future industrial development likely to the east, airport to the
north, and commercial development to the west (with frontages on Highway 1), the subject
property is suited for intensive commercial or office commercial development.
The applicant has indicated that they have chosen not to use the "Good Neighbor Policy."
ANALYSIS
Current Zoning:
The purpose of the Commercial Office Zone (CO-1) is to provide specific areas where office
functions, compatible businesses, apartments and certain public and semipublic uses my be
developed in accordance with the Comprehensive Plan. The CO-1 Zone can serve as a
suitable transition between residential and more intensive commercial or industrial areas.
Requested Zoning:
The Intensive Commercial Zone (CI-1) is designed to provide areas for businesses that are
land -intensive or light industrial in nature. These businesses characteristically require space for
outdoor storage and display of merchandise. Typical uses in the CI-1 zone include vehicle
sales and repair; small scale manufacturing operations; warehousing and industrial service
uses. CI-1 zone uses are generally not compatible with residential and less -intensive zones.
Consequently, CI-1 zones are typically located within major commercial areas to provide
adequate vehicular access, but are ideally shielded visually, geographically, or topographically
from less -intensive zones.
Compliance with Comprehensive Plan:
The Comprehensive Plan supports either commercial office or intensive commercial
development for the subject property. Both CO-1 and CI-1 are appropriate for the South Central
District's future land use scenario and will provide a suitable transition to future industrial uses
identified in the Comprehensive Plan.
The availability of land zoned for industrial uses is a concern noted in the Comprehensive Plan.
Future development in the South Central District is aimed at addressing this concern. The
Comprehensive Plan identifies the area southwest of the airport as appropriate for industrial type
development due to its access to the airport and the Interstate highway system via Highway 1
and 218. The plan also notes the importance of maintaining an adequate supply of CI-1 and 1-1
land in order to provide developable land necessary for the City's continued economic viability.
CI-1 and CO-1 zones are used to attract employers and provide a compatible transition to
adjacent industrial uses. One of the primary reasons the City chose to invest public funds to
construct the extension of Mormon Trek Boulevard was to create arterial street access to the
planned industrial development areas that would be bordered by commercial uses. This capital
investment was meant to encourage future development in the South Central District that would
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increase employment opportunities in the community. CI-1 and CO-1 zoning along the Mormon
Trek extension is thus aimed at attracting businesses that are compatible with industrial uses.
The South Central District Plan states that the subject area provides opportunities for large lot
development and is suitable for intensive commercial uses with extensive outdoor storage
needs. The subject property provides a suitable location for CI-1 zoning because the property is
separated from less -intensive zones to the north and is compatible with the planned industrial
area to the east.
Compatibility with neighborhood.•
The subject property is situated near undeveloped Highway Commercial (CH-1) to the south
and west, undeveloped Commercial Office (CO-1) to the north and County Agricultural (A) to the
east. The CH-1 zone is designed to allow service uses relating to expressways or along arterial
streets. This zone allows for food, lodging, motor vehicle service, and fuel to be easily
accessible to these roadway users. According to the South Central District Future Land Use
Scenario map, the property immediately east of the subject property is intended for
industrial/manufacturing uses. As discussed above the City's motivation to invest in the
construction of Mormon Trek Boulevard was to encourage industrial development in this area.
Two farm houses are located to the east of this property on the other side of old Dane Road.
Although these properties may redevelop in the future, in the near term they could benefit from
landscape screening along the east side of the proposed CI-1 zone. Staff recommends that as
a condition of approval of this rezoning, a landscape plan that at a minimum meetings the S3
screening standards, be required along the east boundary of the property.
Staff believes that with some additional landscaping to provide a screen for neighboring farm
houses, the requested CI-1 zone would be compatible with existing and proposed surrounding
uses. The CI-1 zone provides an appropriate transition between the highly visible CH-1 to the
west and the planned industrial area to the east.
STAFF RECOMMENDATION
Staff recommends that REZ09-00011, an application to rezone 5.05 acres of land generally
located at Mormon Trek Boulevard and Eagle View, be approved subject to staff approval of a
landscape plan that, at a minimum, meets S3 screening standards.
Attachment:
1. Location Map
Approved by:
Katen Howard, Acting Senior Planner,
Department of Planning and Community Development
S;PCD/Staff Reports/REZ06-00021 CI-1 to CC-2
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MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
DECEMBER 14, 2009 — 6:00 PM —INFORMAL
LOBBY CONFERENCE ROOM, CITY HALL
MEMBERS PRESENT: Ann Freerks, Charlie Eastham, Michelle Payne, Elizabeth Koppes,
MEMBERS ABSENT: Josh Busard, Tim Weitzel, Wally Plahutnik
STAFF PRESENT: Bob Miklo, Jake Rosenberg, Sara Greenwood Hektoen
OTHERS PRESENT: None
CALL TO ORDER:
The meeting was called to order at 6:00 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
SUB09-00010: Discussion of an application submitted by Arlington Development, Inc. for
a preliminary plat of Windsor West Parts Two and Three, a 58-lot, 25.78 acre residential
subdivision located north of American Legion Road, south of Cumberland Lane, on
Buckingham Lane. The 45-day limitation period ends December 22, 2009.
Miklo introduced Jake Rosenberg, a graduate student in Urban and Regional Planning who will
be interning with the Planning Department. Rosenberg prepared and presented the staff report.
Rosenberg explained that Windsor West Parts One, Two and Three were approved as a
preliminary plat back in 2005. Only Part One, however, was approved for final plat. Parts Two
and Three expired after two years, and the applicant is reapplying for preliminary plat approval
for those two phases. Rosenberg said that as a result, the amended subdivision codes which
took effect in 2008 need to be applied to the remaining two phases of the subdivision.
Rosenberg said that the project complies with the Comprehensive Plan as it is low -density
residential. The proposed subdivision meets minimum zoning standards for lot size and
frontage.
Rosenberg said that one issue is the two connecting roads: Buckingham Lane in the south and
Cumberland in the north. Rosenberg said these streets were built at a standard requiring 50-foot
right-of-ways and four -foot sidewalks; new requirements are for 60-foot right-of-ways and five-
foot sidewalks. In order to maintain continuity with setbacks, Staff feels that those two streets
should avoid tapering and should stay at the 50 and five feet requirements. Other streets in the
development will conform to the 2008 standards.
The Parks and Recreation Department chose to accept Outlot C as a partial fulfillment of the
open space requirement. An additional area of land has also been donated to help connect to
Planning and Zoning Commission
December 14, 2009 - Informal
Page 2 of 5
trails and Scott Park. Fees will make up for the remaining open space requirements at the time
of final plat approval. A per -acre fee will also be paid for water and sewer and for the
improvement of American Legion Road.
Eastham asked why the park is not marked on the preliminary plat. Miklo said there is a note on
the plat explaining the park location and definition. Eastham asked if there is a trail in Scott Park
that there is a plan to connect to. Miklo said the trail is not currently there but there is a plan for
one.
Payne asked if the house built on lot 91 will have to have a different setback due to the steep
slope. Miklo said it was not a sensitive slope so it would probably just be re -graded; he said he
believed it was not a natural slope but was part of the former golf course.
Eastham asked if it was correct that the sidewalks on Buckingham were 4-feet wide on both
sides. Miklo and Rosenberg said that was correct. Eastham asked if it would be possible to
have five-foot sidewalks even with a 50-foot right-of-way. Miklo said that it was possible, but that
it would minimize the ability to have street trees; Public Works also does not like to have
sidewalks that are inconsistent; they would rather have the width change at a logical spot, such
as at a four-way stop. Eastham said that the sidewalks on the other streets will be five-foot
sidewalks connecting to four -foot sidewalks. Eastham asked if the Commission can require five-
foot sidewalks on a 50-foot street. Eastham asked if to would not make some sense to require
the five-foot sidewalks somewhere along Buckingham Lane. Koppes said the tapering would be
a pain and she would not like it if she was the homeowner. Miklo said he would run the idea by
the Public Works Department, as they generally have an all or nothing approach to sidewalk
widths.
ANNEXATION / REZONING:
ANN09-00001 & REZ09-00006: Discussion of an application submitted by Moss Green
Development Corporation for annexation and rezoning of approximately 132 acres of
land near the intersection of Highway 1 and Interstate-80 from County Agricultural (C-AG)
to Interim Development — Research Park (ID -RP).
Miklo pointed out the property location on a map. He explained that the applicant owns property
within the Iowa City city limits that is zoned Interim Development — Office Research Park (ID-
ORP). When the zoning code was adopted in the 1980's it was anticipated that this parcel would
develop into something along the lines of NCS Pearson. However, currently the infrastructure
necessary for urban development is not in place: no sewer, water or roadway. The property
being proposed for annexation would provide the necessary access to create infrastructure to
allow the property to be developed.
The Comprehensive Plan includes the JCCOG Arterial Streets Plan, which includes the
Oakdale Boulevard study that was done a number of years ago. That study shows Oakdale
Boulevard connecting from Dodge Street to Prairie du Chien to Dubuque Street. This plan was
adopted as a very long-term plan; the City currently does not have the budget or the need to
build that roadway. However, the only way to get access to this land and develop it is through
that street connection. The applicant wants to bring the property into the city to allow the
construction of Oakdale Boulevard, which would allow the development of their other property.
Oakdale Boulevard is not currently in the Capital Improvement Program (CIP). The applicant is
looking into ways of getting the road built, one of which would be for the applicants to build the
Planning and Zoning Commission
December 14, 2009 - Informal
Page 3 of 5
road themselves; another possibility would be to have a Tax Increment Financing (TIF) district
designation that would allow for the applicant to be reimbursed for the cost of building Oakdale
Boulevard as the area is developed and the property taxes are generated. Miklo said that all is
up for negotiation and needs to be raised with the City Council.
Miklo said that there are a number of points in the Comprehensive Plan to look at prior to
making the decision on whether or not to annex. First, the area under consideration does not fall
into the long range growth boundary as is required for consideration of an annexation. Miklo
noted that the land that the applicant wants to develop does, however, fall within the boundary,
and can only be accessed via this property. Staff recommends the Commission consider
amending the growth boundary to allow the annexation. Miklo reminded Commissioners that
amending the Comprehensive Plan is a two-step process. The Commission will need to set a
public hearing for January 7 to consider amending the boundary.
The second consideration is that the proposed annexation must fulfill an identified need without
imposing an undue burden on the City. In this case, Miklo said, there has not been a lot of
development in this zoning in recent years. Miklo said this property has unique interchange
access. Miklo said there are questions as to whether the market exists for that much research
development property; however, if the applicant is willing to take the financial risk of building a
road then there is the possibility of increasing the city's tax -base if the market is in fact there.
The third test is whether or not control of the development is in the city's best interest. Miklo said
that the Oakdale Boulevard extension is in the Comprehensive Plan, and that the applicant's
willingness to be voluntarily annexed would provide a measure of control for the City in
determining the ultimate location of the road. Miklo said that the zoning should be ID -RP until all
necessary infrastructure is in place.
Miklo said that Staff recommends the annexation and rezoning be approved with the
understanding that there needs to be a plan for a roadway across this property in order for it to
actually develop. In order to accomplish this, a public hearing would have to be held on January
7, 2010 to amend the Comprehensive Plan. Greenwood Hektoen clarified that this meant the
Commission would be voting to defer on Thursday if they were following the Staff
recommendation. Payne asked if the Commission would make a motion on setting the public
hearing in addition to the motion to defer; Miklo said it would.
Miklo said that originally the applicant wanted everything south of the roadway annexed, but as
Staff looked at that plan they decided it made more sense to try to get both sides of the road
under the City's jurisdiction. Payne noted that otherwise the situation would wind up being like
Rohret Road where one side of the road is the City's and one side is the County's. Greenwood
Hektoen noted that in order for the annexation to be voluntary written permission from the
property owners needed to be received.
Payne asked for clarification on where to change the growth boundary to. Miklo said that further
study would have to be done, but for now, the property line would serve as the growth
boundary. Miklo said the original boundary used the creek as a natural boundary.
Eastham asked if it was correct that Staff believed the current sewer system has additional
capacity to serve 700 acres north of 1-80 and all of the potential development south of 1-80.
Miklo said that was correct.
Freerks asked if it was correct that before any development could occur the sensitive areas
Planning and Zoning Commission
December 14, 2009 - Informal
Page 4 of 5
review would have to be done. Miklo said that he had advised the applicant that until the
property was annexed and had the ability to get a road to it he should not go to the expense of
doing a sensitive areas plan.
Eastham asked if the annexation would automatically extend the Fringe Area Agreement. Miklo
said the Fringe Area Agreement says that the City will decide on a case by case basis in
consultation with the county; he said that Karen Howard had had a meeting with the County
today. Staff would advise the Commission on this at the next meeting.
Eastham asked about the conceptual alignment for the Oakdale Boulevard extension and
whether or not the Commission has any jurisdiction over its alignment or its design. Miklo said
that the Commission had some influence on its general location, in that at some point the
Commission did vote to add the plan to the JCCOG Plan and the Comprehensive Plan.
Eastham asked if Staff could reproduce some of the location study. Miklo said that the general
idea was to reserve that corridor for Oakdale Boulevard. He said that three or four alignments
were shown and that all of them had pros and cons. Eastham said his interest is in showing the
proposed alignment as matching one of those previously proposed.
COMPREHENSIVE PLAN ITEM:
Setting a public hearing for January 7, 2010, on an amendment to the Comprehensive
plan to amend the long-range planning growth area boundary to accommodate the
annexation proposed by the Moss Green Development Corporation.
Miklo said staff would provide a brief memo on this prior to the January 7 meeting.
ADJOURNMENT:
The meeting was adjourned at 6:36 p.m.
s/pcd/m i ns/p&z/2009/ P&Z 12-14-09.d oc
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MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
DECEMBER 17, 2009 — 7:00 PM — FORMAL
CITY HALL, EMMA J. HARVAT HALL
MEMBERS PRESENT: Ann Freerks, Charlie Eastham, Michelle Payne, Wally
Plahutnik, Elizabeth Koppes, Josh Busard, Tim Weitzel
MEMBERS ABSENT: None
STAFF PRESENT: Bob Miklo, Jake Rosenberg, Karen Howard,
Sara Greenwood Hektoen
OTHERS PRESENT: Devon Yoder, Marina Usacheva, Wally Pelds
RECOMMENDATIONS TO CITY COUNCIL:
The Commission voted 7-0 to recommend approval of SUB09-00010, an application
submitted by Arlington Development, Inc. for a preliminary plat of Windsor West Parts
Two and Three, a 58-lot, 25.78 acre residential subdivision located north of American
Legion Road, south of Cumberland Lane, on Buckingham Lane.
CALL TO ORDER:
The meeting was called to order at 7:02 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
Devon Yoder, 4183 New Castle Drive, said that he lives in Windsor West, on the east side
where Fairway Golf Course used to be. Yoder questioned why sidewalks were not put in along
American Legion Road when Windsor Ridge and Windsor West were developed. Yoder said
American Legion Road is a main thoroughfare connecting the eastern part of the development
with Scott Boulevard. Yoder said there are sidewalks and walkways within the developments,
but there are none along American Legion Road. Yoder said he had grown up in Iowa City,
east of American Legion Road and has been surprised as the area developed that no sidewalks
were created. Yoder said that in warmer weather there are a lot of bicyclists, pedestrians, and
joggers. Yoder said the lack of sidewalks is a concern for families wishing to travel and recreate
along the very heavily trafficked road. Yoder said that his concern does tie in somewhat with
the agenda item concerning Windsor West. Yoder said that if even more homes are added to
Planning and Zoning Commission
December 17, 2009 - Formal
Page 2 of 11
the area the City will need to make plans to develop sidewalks along American Legion Road.
Miklo said that as the zonings for development along American Legion Road have been
approved, the City has noted that the road is not up to City street standards. As a result, the
City has required developers to pay into a fund for the future improvement of American Legion
Road. Miklo said he believes that the project is slated for the Capital Improvements Program
(CIP) for 2015 or 2016. Miklo said that when the City improves the road, sidewalks will be
added. He noted that priorities may shift as the project competes with other capital
improvement needs over the coming years, and that the City Council will be reviewing their CIP
in January 2010. He advised residents with concerns to get their comments about this issue to
the City Council via letter or e-mail in the near future, as such concerns could factor into where
the improvement of American Legion Road falls in the CIP.
Freerks advised Yoder to consider contacting other residents with concerns to make their
opinions know to the City Council prior to the CIP meeting. Miklo noted that the minutes of this
Planning and Zoning Commission meeting will also bring the issue to City Council's attention.
Eastham asked if it was not the case that part of the right-of-way for American Legion Road
remains under County jurisdiction. Miklo said that even so that has not in the past prevented
the City from working with the County to upgrade a road. Eastham said he had just been
wondering if the issue would be a County one as well as a City one if a large part of the right-of-
way remained under County jurisdiction. Miklo said that would be a detail that would be worked
out during the construction program.
Eastham asked if the trail system that the Parks and Recreation Department has planned will
serve as appropriate pathways for residents. Yoder said that there is a section of American
Legion Road that is about a third of a mile long stretching from Windsor West to Scott Boulevard
that presents the greatest hazard to pedestrians and cyclists. Miklo explained that the lack of
sidewalks is in part a consequence of "leap -frog" development; where development does not
occur contiguous to other development, but skips an area of land. Miklo said that this is
generally avoided; however, it was consciously done in the case of Windsor Ridge back in the
early 1990's. At that time, Miklo said, there was very little developable land on the east side of
town that was not in the hands of one or two developers. The City consciously decided to
annex land a little farther out to help spur the housing market and provide some options on the
east side. Miklo said that the lack of sidewalks along American Legion Road is a negative
externality that resulted. Miklo said that as the city grows, it will be important to weigh the
benefits and consequences of leap -frog development when considering whether or not to allow
it. Payne noted that it is very easy to send City Council an e-mail through the city website.
Marina Usacheva, 4402 Buckingham Drive, began to address the Commission on her concerns
regarding the Windsor West subdivision, but was advised to hold those comments until the
public hearing portion of the next agenda item.
SUBDIVISION ITEM:
SUB09-00010: Discussion of an application submitted by Arlington Development, Inc. for
a preliminary plat of Windsor West Parts Two and Three, a 58-lot, 25.78 acre residential
subdivision located north of American Legion Road, south of Cumberland Lane, on
Buckingham Lane. The 45-day limitation period ends December 22, 2009.
Planning and Zoning Commission
December 17, 2009 - Formal
Page 3 of 11
Jake Rosenberg, planning intern, explained that the subdivision was formerly a golf course prior
to being zoned RS-5. In 2005, a preliminary plat for Windsor West Parts One through Three
was approved. That preliminary plat expired in 2007 with only Part One having obtained final
plat approval. Rosenberg explained that preliminary plats expire after two years to make sure
that changes in zoning and subdivision codes are applied to subdivisions. The applicant is now
seeking re -approval for Parts Two and Three. In 2008, new subdivision regulations were
adopted, so these new requirements will apply to this application.
Rosenberg said the subdivision complies with the Comprehensive Plan. The Plan identifies this
area as suitable for low density residential. Windsor West Parts Two and Three meet current
maximum density requirements, lot area requirements and lot frontage requirements.
Rosenberg said the original plat was approved under old standards in 2005, which required only
50 foot right-of-ways and four -foot sidewalks. The subdivision standards adopted in 2008,
require 60 foot right-of-ways and five-foot sidewalks for local residential streets. The increased
right-of-way is intended to allow sufficient room for utilities and street trees. Because
Cumberland Lane and Buckingham Lane leading into the subdivision have already been
constructed using the 50-foot right-of-way and four -foot sidewalks, Staff believes that it is
reasonable to continue those streets as they are. This will allow the maintenance of uniform
frontages and avoid tapering the right-of-ways and sidewalks in the middle of the neighborhood.
Other streets in the subdivision comply with current street "standards. The Parks and Recreation
Commission has agreed to accept Outlot C as a partial fulfillment of the open space
requirement, and the owner has dedicated an additional swath of land to help facilitate the
connection to Scott Park. To fulfill the remaining open space requirements, the developer will
pay fees in the equivalent of .94 acres of open space at the time of final plat approval. At that
time, the developer will also be required to pay per -acre fees for water main extension, sanitary
sewers and the improvement of American Legion Road.
Freerks asked if Staff had talked with Engineering about requiring 5-foot wide sidewalks on
portion of Buckingham Lane, per Eastham's request at the informal meeting. Rosenberg said
that Forestry had said that that sidewalk width, which would be one foot into the public right-of-
way, would not be adequate for street trees. Miklo added that the 60-foot right-of-way was
adopted to allow for room for street trees. Miklo said that the City Forrester says that 6-feet is
the minimum space allowable for trees, and even then he does not feel it is sufficient room.
Miklo said that adding five-foot sidewalks in that area would make it difficult to add street trees.
If this was a new subdivision without existing streets, Miklo said, the new standards would be
more strictly enforced. It is because there are existing streets tying into the subdivision at lower
standards that the issue is somewhat murkier. Miklo said that going with the 60-foot right-of-
way would make for some shallow lots in some areas.
Weitzel said that it was his understanding that the new subdivision code was attempting to limit
cul-de-sacs; he asked how that applied to this preliminary plat. Miklo explained that the code
basically discourages cul-de-sacs except where there are topographic considerations that would
warrant their use. In this particular case, Miklo said, there is one cul-de-sac; he said there does
not seem to be any real benefit in extending it. He said the cul-de-sac is a fairly short one with
only three lots on it, and did not seem a compelling reason for redesigning the whole
subdivision. Miklo said that the regulations actually say that cul-de-sacs should be avoided
except where topographic or existing street patterns warrant their consideration. He said staff
felt that this design meets that standard.
Freerks opened the public hearing and invited the applicant to speak. No representative for the
applicant was present, so Freerks invited other members of the public to speak.
Planning and Zoning Commission
December 17, 2009 - Formal
Page 4 of 11
Marina Usacheva, 4402 Buckingham Lane, said that her main concern with the opening of the
new subdivision and the extension of Buckingham Lane is that she is afraid it will compromise
the safety of the neighborhood's children. Usacheva said that nearly all of the homes on her
street have elementary -aged children. She said that right now the street is very quiet, and that
traffic primarily consists of neighbors only. Usacheva said the plan could make this a busy area,
with the potential for a bus route. She asked what the City's bus route plan for the area was.
Usacheva said that in 2007, the Windsor Ridge Homeowners Association voted not to include
Windsor Ridge West in its association. Usacheva said that residents of her streets would like to
know why the two subdivisions have to be connected and why Buckingham Lane needs to be
opened to through traffic. Freerks asked if Miklo would address Usacheva's concerns. Miklo
said that Arlington Drive is currently a collector street which runs from American Legion Road up
to Court Street. Arlington Drive is designed as a collector street, with no turns or stops in it. He
said that he would not anticipate the bus route changing from its current location on Arlington.
Miklo said that the idea is to create a network of streets in the subdivision so that any one street
is not overburdened; he said he believed the current plan is in line with that intention. Miklo said
that when Buckingham Lane was built it was designed to continue; that it is why it is a stub -
street and not a cul-de-sac. Usacheva said that this is one of the issues; when John Moreland
built her home and her neighbors' homes, no one told them that Buckingham would be open to
through traffic. Usacheva said that the dead-end street with a golf course next to it was one of
the attractions to their property. Freerks said she was disappointed that the applicant chose not
to use the Good Neighbor Policy and that there was no conversation with the neighborhood
association.
Freerks asked why Fairway Lane does not connect with Buckingham Lane and if there is a plan
for the two streets to connect at some point. Miklo said that Fairway lane and its subdivision are
currently in the County's jurisdiction; the plan is to connect the streets when the neighborhood is
annexed in the future.
Plahutnik asked if there are sidewalks on both sides of Buckingham Lane from its current stub
to American Legion Road. Miklo explained that there are sidewalks on the lots that have been
built upon. Sidewalks are not installed until each house is built, to avoid damaging them in the
construction process. The plan is for sidewalks on both sides of the street, Miklo said.
Plahutnik said that the presence of sidewalk should alleviate safety concerns because there is a
place for children to walk to and from school. Usacheva said that Arlington is a pretty busy
street presently and Buckingham is much narrower. Plahutnik noted that Arlington was
designed to carry more traffic.
Usacheva asked if someone could answer her question as to why the streets needed to be
connected at all. Miklo said that it is the City's policy and it is generally accepted, good urban
design to connect neighborhoods. Miklo said that without that policy it would be very difficult to
travel from one neighborhood to another, or to provide public services such as snow removal,
police and fire protection.
Plahutnik said that speaking for himself only, with the amenities of joining the City (sewer, water,
snow removal, and trash removal) comes connectivity to the City and your neighbors. Roads
connect all throughout town. Plahutnik said that kids walk back and forth to school in many
busy areas of town, and that, in fact, the traffic is often heaviest nearest schools.
Miklo added that when this project was first approved, Phase Two was to occur with the
extension of Buckingham Lane from the south. Phase Three was to be the eastern portion of
Planning and Zoning Commission
December 17, 2009 - Formal
Page 5 of 11
Buckingham as well as Sherwood Drive. The applicant is now proposing to reverse the order of
the phases. Phase 2 is now proposed to be the eastern 33 lots that would have access from
Buckingham Lane to the east. Miklo said that Staff had looked at the question of whether the
City should insist the order be reversed; however, transportation planners estimated that based
on the number of lots in the proposed Phase Two and the existing lots on Buckingham only
about 300 vehicle trips per day would be generated from that development, quite a bit lower
than the mid -point standard for a local street. Based on that, Miklo said, Staff saw no issue with
the changes in order of Phases Two and Three. The development of these two phases, Miklo
said, will not overburden the streets as designed. Plahutnik asked if it was the case that Phase
Two would happen next and Phase Three would occur at some undetermined time in the future;
Miklo said it was.
Freerks closed the public hearing and asked for a motion.
Eastham moved to approve SUB09-00010, an application submitted by Arlington
Development, Inc. for a preliminary plat of Windsor West Parts Two and Three, a 58-lot,
25.78 acre residential subdivision located north of American Legion Road, south of
Cumberland Lane, on Buckingham Lane.
Payne seconded the motion.
Freerks invited discussion from the Commission.
Eastham said he would like to respond to the street -connectivity question that was posed to the
Commission. He acknowledged the legitimacy of the concern, but said that he always hopes
that when people purchase a home on a street or in a subdivision there is clear information
given at that time about what is going to happen with that subdivision in the future.
Unfortunately, Eastham said, that seems not to occur sometimes. Regarding the inter-
connection between Arlington and American Legion Road via Buckingham, Eastham said that
public safety is served by the connection of those streets. Eastham noted that the design of
Buckingham does have some inherent speed control.
Freerks said she agrees with Eastham. She said she thinks that it is unfortunate that
information was not given to Usacheva fully or directly and that no communication has really
been made with the homeowners' association. She noted that the applicant was not present to
listen or respond to concerns about the subdivision and said that this was unfortunate. Freerks
said that if Usacheva wanted to she could still try to contact the applicant and have some
conversation, but that she was not sure it would really go anywhere at this time. Freerks said
that the City does like to see streets connect to one another and not have isolated sections of
the community. Freerks said she believed the street is designed in such a way that hopefully
speed will not be an issue. Freerks noted that her street is really quite busy and that her kids
still walk to school. She said that she also understood the concern when a person buys into a
situation believing it is one way and then has it changed. Freerks said that nonetheless, she will
vote in favor of the development because the plan is not that much different than the original
plan and that she feels it is probably best to continue the streets in the way that they were
originally outlined.
Weitzel said that it is regrettable that the Good Neighbor Policy was not taken up in this
situation. Weitzel said it may be that because the subdivision was already platted and approved
the developer did not see a need for it; however, Weitzel said, that gesture of extending an
opportunity to the residents to comment is an important one. Weitzel said he really hopes that
Planning and Zoning Commission
December 17, 2009 - Formal
Page 6 of 11
people will use the Good Neighbor Policy in the future.
There were no further comments.
A vote was taken and the motion was approved on a 7-0 vote.
ANNEXATION / REZONING:
ANN09-00001 & REZ09-00006: Discussion of an application submitted by Moss Green
Development Corporation for annexation and rezoning of approximately 132 acres of
land near the intersection of Highway 1 and Interstate-80 from County Agricultural (C-AG)
to Interim Development — Research Park (ID -RP).
Busard abstained from consideration of this application as he works for the County's Planning
and Zoning Department, which has worked with the City of Iowa City on this annexation.
Karen Howard explained that the Moss family has owned and farmed the land west of NCS
Pearson for many years. They no longer wish to farm the land, and have formed a partnership
to develop their property. Howard pointed out the property on a location map. Much of the
Moss farm has already been annexed into the city and been zoned Interim Development
Research Park (ID -RP). Howard said that the annexation is voluntary, meaning the property
owners have requested to be annexed into the city. The main reason for the annexation
request is to extend infrastructure —roads, sewer and water —to the developer's main piece of
property in order to develop it. Because NCS Pearson's property has already been developed
and because the only agreement for access to the property is farm access and there is no other
good place to extend a road, the property to the north needs to be annexed in order to get a
road to the main property.
Howard said there is a planned arterial street in that area. The Johnson County Council of
Governments (JCCOG) Arterial Street Plan, an element of the Iowa City Comprehensive Plan,
indicates that Oakdale Boulevard is planned to extend from Coralville to Iowa City, crossing
Dubuque Street, Prairie Du Chien Road and over to Highway 1. A location study was completed
in 2003 that generally described the acceptable range of alignments for extending Oakdale
Boulevard. This would be a long term roadway project, Howard said. While it is in the long
range transportation plan, the road extension is not included in the current CIP program. The
City has no current plans to fund or build the roadway. The applicants have yet to work out an
agreement with the City for construction of the roadway and extension of services. Until an
agreement is reached and a plan put in place to extend this infrastructure, Interim Development
zoning is recommended.
Howard said that the road and infrastructure must extend across properties not owned by the
applicant - Neal Llewellyn and the Catherine Chase Trust, which is administered by Hills Bank
for the benefit of Guy McFarland. Howard said that faxed statements have been received from
the Neal Llewellyn and Bonnie McFarland that they grant permission for a portion of their
properties to be annexed, however, official written permission from the trustee, Hills Bank, has
not been received. Howard said the Hills Bank Trust Committee would be meeting the following
week. Howard said there has been some confusion over exactly how much land the Llewellyn's
and the McFarland's have given permission to have annexed, whether it was a portion of the
land or the entire parcel. Staff recommends annexation of the entire parcel. One reason for this
is that with Oakdale Boulevard not yet being built, it is difficult to determine precisely where the
road alignment will be. It is also difficult to create a legal description for a parcel with a
Planning and Zoning Commission
December 17, 2009 - Formal
Page 7 of 11
boundary that won't be determined until the roadway is established. In addition, Howard stated,
it is good planning practice to include property on both sides of an arterial street inside the city
limits, so that any future development is consistent with the City's comprehensive plan and
zoning and subdivision regulations.
Howard noted that there are a number of sensitive environment features on the property in
question, including the Rapid Creek stream corridor and floodplain, woodlands, steep slopes,
and potential wetlands. Howard said that at present the city's growth area limit follows the creek
line. One requirement for an annexation is that a property falls within the City's growth area
limit. The current growth area limit was established several years ago with the knowledge that
the City could provide water and sewer services for a limited area north of the creek, but had not
yet established how far the City wished to grow in that area. Howard stated that there are
several reasons to consider a limited extension of the City's growth area limit to include the area
proposed for annexation: it is within the City's interest to allow the development of property that
has already been annexed into the city; the property cannot be developed unless a roadway
and other infrastructure is extended; it is in the City's interest to control land development
adjacent to major infrastructure investment such as the extension of Oakdale Boulevard.
Staff is recommending that the Commission set a public hearing for their next meeting to
consider a Comprehensive Plan amendment to extend the growth area to include these
properties.
The second criterion for annexation is that development in the area will fulfill an indentified need
without imposing an undue burden on the city. Howard said it is in the City's economic interest
to promote economic development of land that is already within the City Limits. This annexation
will make it possible to extend Oakdale Boulevard and to allow development of the Moss Green
property that is already in the city. However, Howard said, Staff is recommending Interim
Development (ID) zoning for this property because there is currently no plan to fund the
extension of the roadway. The Interim Development designation will not allow the property to be
developed until there is a plan for the development of infrastructure. Once a concrete plan is in
place, the property may be rezoned to a designation that allows development for urban uses.
The third criterion of annexation is that the control of the development is in the City's best
interest. Howard said it is in the City's best interest to control the property surrounding the
extension and construction of a major arterial street.
Howard said that the ID zone would be the appropriate zone at this time. She noted that the
applicant has indicated that in the future they wish to develop the property for office/research
park uses, which is consistent with the Comprehensive Plan. Howard cautioned that it should
nonetheless remain zoned Interim Development until infrastructure is in place or an agreement
is in place to extend the infrastructure within a specific timeframe.
Howard shared a map that illustrated the various alignments of Oakdale Boulevard that were
considered in the 2003 location study. She had also handed out excerpts of the location study,
which explained the various pros and cons of each of the alignments. The study did note that
there are a lot of sensitive features in the area which will make the roadway difficult to construct.
She noted that the preferred alignment identified in the location study is consistent with the
alignment being proposed by the developers.
With regard to extension of other City services, the City Engineer has determined that the
Highlander lift station has the necessary capacity to serve the area; and, the new water plant
Planning and Zoning Commission
December 17, 2009 - Formal
Page 8 of 11
also has considerable capacity to serve this area.
With regard to environmentally sensitive features, the development will have to be done in a
very thoughtful way. There are wooded areas, stream corridors, floodplains, steep slopes,
ravines and likely wetlands areas which will all need careful attention and be reviewed through
the sensitive areas ordinance. When the development plans progress to the point that rezoning
is warranted, a detailed sensitive areas development plan will need to be submitted and
reviewed.
Howard said that with all of the above in mind, Staff recommends ANN09-00001 & REZ09-
00006, an annexation into the city and rezoning of approximately 132 acres of land from County
Agricultural (C-AG) to Interim Development -Research Park (ID -RP), be approved subject to a
Comprehensive Plan amendment adjusting the City's growth limit to include the area being
annexed.
Eastham said that it looks to him like the road alignment shown in the annexation documents is
essentially the same as 3A in the road location study. Howard said that was correct; however,
she cautioned that the findings in the location report were preliminary and that only the
intersection points were actually fixed. Eastham asked if the other alignments were outside the
proposed annexation area. Howard said she believed that they were.
Freerks noted that prior to any development there would need to be a sensitive areas
assessment and a plan in place. Howard said that was correct; no clearing or construction until
the sensitive areas development plan was submitted and reviewed according to the City's
sensitive areas ordinance. Payne asked if the property would have to go through a platting
process as well. Howard said that was correct.
Eastham asked if Staff's position was that the agreement to annex should be contingent on the
owner agreeing to this particular road alignment. Howard said the annexation was strictly to get
the property into the city and that there is no agreement with the owner about the roadway.
Howard said the owner is still working out proposals about that and the City Council has no
funds budgeted for the project. Howard said that what will likely have to happen is for the
developer to convince the City Council to change its CIP budget to include funding for the road,
or to build the road using their own funds and negotiate an agreement with the City to be repaid
over time as development occurs. Miklo said the annexation itself does not commit the
developer or the City to building a road. Miklo said that Staff is unlikely to recommend approval
of a rezoning from interim development until there is a specific plan in place to build the road
and extend infrastructure to the property. Howard said that is why the ID zoning is
recommended. Payne pointed out that realistically the developers could not develop until a
road is built, but that if they waited for it to show up in the City's budget it could be several
years.
Eastham said that as he understands it the parcel could actually be rezoned with another
access roadway. Greenwood Hektoen assured Eastham that this agreement would not in any
way commit the City or the developer to building a roadway.
There were no further questions for Staff.
The public hearing was opened and the applicant was invited to speak.
Wally Pelds of Pelds Engineering Company, 2323 Dixon Street, Des Moines, spoke on behalf of
Planning and Zoning Commission
December 17, 2009 - Formal
Page 9 of 11
the applicant. Pelds said the application for annexation is the first step in a project they are
calling Moss Green Urban Village. Pelds said that this is the first step and there have been
public releases regarding what the developers would like to do. Pelds said that they see Iowa
City as a perfect fit for the kind of green technologies that a lot of companies and clients are
moving to. Pelds said he saw Iowa City as a kind of sister city to Austin, Texas, a city trying to
embark on a similar project. Pelds said Howard and Staff have been very helpful and
knowledgeable. Pelds said that it has been nearly fifteen years of trying to access the already -
annexed property. Pelds said bringing in the right businesses to grow the right way is what they
want to do in Iowa City. Pelds said they have met with all of the neighbors and used the Good
Neighbor Policy, and have gotten signatures of support for their project and for the Oakdale
Boulevard extension. Pelds acknowledged that this may be a long process. Pelds offered to
answer any questions from the Commission.
No one else wished to speak to this issue and the public hearing was closed.
Freerks asked for a motion. Payne asked if one motion could be made or if it was necessary to
do two. Miklo said it would be cleanest to do two motions.
Payne motioned to defer ANN09-00001 & REZ09-00006, an annexation to the city of Iowa
City and rezoning of approximately 132 acres of land from County Agricultural (C-AG) to
Interim Development — Research Park (ID -RP).
Eastham seconded the motion.
Freerks invited discussion.
Payne asked if this would be deferred indefinitely or if a date would be set. Miklo said it would
be deferred until January 71h, the same meeting when an amendment to the Comprehensive
Plan's growth boundary would be considered. Freerks noted that both items need not be heard
in one meeting. She said if there is public interest, conversation or unanswered questions that
is fine because there are no deadlines to be met for this item. Payne said she just was trying to
ascertain if they would be done in one meeting.
A vote was taken and the motion to defer passed on a 6-0 vote (Busard abstaining).
COMPREHENSIVE PLAN ITEM:
Setting a public hearing for January 7, 2010, on an amendment to the Comprehensive
plan to amend the long-range planning growth area boundary to accommodate the
annexation proposed by the Moss Green Development Corporation.
Eastham moved to set a public hearing for January 7, 2010, on an amendment to the
Comprehensive plan to amend the long-range planning growth area boundary to
accommodate the annexation proposed by the Moss Green Development Corporation
Payne seconded.
There was no discussion on the matter.
A vote was taken and the motion was passed on a 6-0 vote (Busard abstaining).
CONSIDERATION OF MEETING MINUTES: November 16 & 19, 2009:
Planning and Zoning Commission
December 17, 2009 - Formal
Page 10 of 11
Freerks said she had a couple of small changes regarding some comments that she made, and
asked if she could e-mail those changes to Staff.
Koppes motioned to approve the minutes as amended.
Eastham seconded.
The minutes were approved 6-0 (Busard not present at time of vote).
ADJOURNMENT:
Weitzel motioned to adjourn.
Koppes seconded.
The meeting was adjourned on a 6-0 vote (Busard not present at time of vote) at 8:05 p.m.
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