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HomeMy WebLinkAbout02-04-2010 Planning and Zoning CommissionIowa City Planning & Zoning Commission Informal Meeting Monday, February 1, 2010 Monday - 6:00 p.m. Lobby Conference Room - City Hall Formal Meeting Thursday, February 4, 2010 Thursday - 7:00 p.m. Emma Harvat Hall - City Hall 60 Department of Planning & Community Development CITY OF IOWA CITY PLANNING AND ZONING COMMISSION Monday, February 1, 2010 - 6:00 PM Informal Meeting Iowa City City Hall Lobby Conference Room 410 E. Washington Street AGENDA: A. B. C. D. E. F. G. Call to Order Thursday, February 4, 2010 - 7:00 PM Formal Meeting Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street Public Discussion of Any Item Not on the Agenda 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. Discussion of UniverCity Neighborhood Partnership Consideration of Meeting Minutes: January 21, 2010 Other Adjournment �....�,.,,In Dimnninn R 7nninn rnmmiccinn Mantinas Informal ---------- - --------- February 15' March'= March 15 March 29 Formal February 18 March 4 March 18 Aril 1 rviuvUl iy 1.01 wcncu uUV V i iv Y City of Iowa City MEMORANDUM Date: January 28, 2010 To: Iowa City Planning and Zoning Commission From: Jacob Rosenberg, Planning Intern RE: REZ09-00011 At the January 12, 2010 Planning and Zoning Commission meeting, a number of questions arose regarding the application submitted by Dealer Properties IC, LLC, for a rezoning from Commercial Office (CO-1) to Intensive Commercial (CI-1) zone for approximately 5.05 acres of property located on Mormon Trek Boulevard, South of Eagle View Drive. Staff will attempt to address the questions raised by the Commissioners and public during discussion. The applicant has provided an updated conceptual site plan (copy attached). The plan shows landscaping on the east property line in the vicinity of the proposed parkland. The applicant proposes to plant additional trees on the former Dane Road. Staff had recommended that the applicant provide a 20 foot wide landscape buffer in this area. They are proposing that 10 feet of the buffer be located on the subject property and that 10 feet be located on the adjacent Dane property. Staff continues to recommend that at least a 20 foot wide buffer be located on the subject property. The site plan also illustrates the potential locations for outdoor speakers and areas on the northeast and southeast sides of the building (facing the proposed park) where they would agree to limit illuminated signs. The site plans shows a 3-foot high hedge along Eagle View Drive. The proposed lighting along Eagle View Drive and the northeast property line is shown as being 20 feet tall (3 foot concrete base and 17 foot pole) rather than 23 shown on the previous plan. If the Commission would like these items required as a condition of approval of the rezoning, they will need to be formalized in a Conditional Zoning Agreement (CZA). Previous Rezoning from CI-1 to CO-1 In 2006, the owner, James R. Davis, sought a rezoning from Intensive Commercial (CI-1) to Community Commercial (CC-2) for a larger area including the subject property. During the course of the discussion at the November 16, 2006 P&Z meeting, it was decided to amend the application to request Commercial Office (CO-1). Part of the rationale for this decision was to accommodate Dan Tiedt from PIP Printing who did not want his business to have non -conforming status. Additionally, there was discussion over the better visual appeal of a CO-1 zone compared to the existing CI-1 zone. Commissioners Brooks and Smith felt it was important that lots visible from Highway 1 be zoned CO-1. Eastham supported more flexibility in the zoning and wanted to reserve zoning options for the future. January 29, 2010 Page 2 At the December 7, 2006 P&Z meeting, the applicant requested the entire area be rezoned to CO-1 rather than leaving some lots CI-1. Staff reiterated that either the CO-1 or CI-1 zone would comply with the comprehensive plan. The motion carried unanimously and the rezoning was approved by City Council. (The minutes of the meetings at which the previous rezoning was discussed are attached.) Parkland The Dane Property parkland proposal was accepted by unanimous vote at the November 9, 2005 Parks and Recreation Commission meeting. The Dane's proposed that 17 acres of land located southwest of the airport and east of Dane Road be dedicated as parkland. The property will continue to be held by the family until there are no grandchildren of Marjorie and George Dane wishing to maintain it. At that time, the entire site will be gifted by deed to the Iowa Heritage Foundation who will turn over management of the property to the Iowa City Parks and Recreation Department for the site to be used only as a park and recreation area as outlined by the rules and regulations proposed by the Dane family. The Planning and Zoning Commission asked whether or not a car dealership would be compatible with a proposed park located in the immediate vicinity. At the time of approval, the Parks and Recreation Department was aware that the proposed park would be in a commercial and industrial area. Mike Moran, the Parks and Recreation Director, was recently notified of the rezoning and was asked if he had any concerns regarding the compatibility of the proposed CI-1 zone and the park. Mr. Moran did not object to the proposal provided that landscape buffing and other conditions would be required in order to ameliorate the potential effects of the proposed car dealership on the parkland. Comparative Analysis of Current and Requested Zoning The subject property is currently zoned Commercial Office (CO-1). The purpose of the CO-1 zone is to provide specific areas where office functions, compatible businesses, apartments and certain public and semipublic uses may be developed in accordance with the Comprehensive Plan. The CO-1 zone can serve as a buffer between residential and more intensive commercial or industrial areas. The applicant is requesting a rezoning to Intensive Commercial (CI-1) for the subject property. The purpose of the CI-1 zone is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial or amusement activities or by activities or operations conducted in buildings or structures not completely enclosed. The types of retail trade in this zone are limited in order to provide opportunities for more land -intensive commercial operations and also to prevent conflicts between retail and industrial truck traffic. Special attention must be directed toward buffering the negative aspects of allowed uses from adjacent residential zones. January 29, 2010 Page 3 The advantages to CO-1 zoning over CI-1 zoning for a property adjacent to a park or residential zone involves issues of lighting, traffic, aesthetics, and noise. Unlike CI-1 zones, the CO-1 zone is designed to serve as a buffer between residential and more intensive commercial uses. As such, design guidelines pertaining to the development of buildings in a CO-1 zone limit or exclude commercial actives that require outdoor storage, display lighting, and frequent customer traffic. Requirements could be included in a rezoning to CI-1 to make uses allowed in the zone more compatible with less intense land uses. As noted above at the time the Parks and Recreation Department agreed to maintain the Dane Park property, the parties were aware that the surrounding land was designated for Intensive Commercial and Industrial uses. Airport A member of the public inquired as to whether the display lighting typically used by car dealerships would distract or confuse pilots landing at the Iowa City Airport. The airport manager was contacted regarding this issue and remarked that the Honda dealership, which is located closer to runway path, has not posed any problems for pilots and does not anticipate that a similar lighting scheme would have any adverse affects on air traffic. When a building permit application is submitted for this property, the building inspectors will review the lighting plan for compliance with the City Code and if necessary will submit it to the FAA for review. Existing Zoning for Car Dealerships There are a few commercially zoned properties able to site car dealerships in the area. In addition to vacant Intensive Commercial (CI-1) parcels, there are also Community Commercial (CC-2) parcels near the intersection of Highway 1 and I-218 where a car dealership could locate. The major obstacle for locating a dealership at these locations is the size of the available parcels. The applicant has indicated that at least 5 acres are needed to accommodate outdoor displays, parking, and the automotive facility. The vacant parcels available in the area vary in size from 1.9 acres to 3.53 acres. For all locations, two or more parcels would need to be combined to total 5 or more acres. This size restriction precludes a number of locations from housing a car dealership of the proposed scale. It was suggested that land on the west side of Mormon Trek Boulevard, adjacent to the Honda dealership be considered. That property is currently zoned Highway Commercial (CH-1). It would need to be rezoned to make it viable for the proposed a car dealership. Benefits of Rezoning The benefits of the proposed rezoning to the city were also questioned by the Commission. Staff believes that one benefit of the proposed rezoning lies in the clustering of similar retailers, in this case, car dealerships. There are a number of car dealerships in the area because the general location offers high visibility, large parcels of land, and access to Highway 218 and Highway 1. Economically, the clustering of various car dealerships lowers shopping costs for consumers and increases sales relative to sales at separate locations. It January 29, 2010 Page 4 is the opinion of the staff that concentrating these retailers in the vicinity of the Highway 1 and I-218 is a desirable goal of long term planning. Another benefit to rezoning, as identified in the Comprehensive Plan, is the importance of maintaining an adequate supply of CI-1 and I-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 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. Staff Recommendation Staff continues to recommend approval of the rezoning subject to a 20-foot wide landscape buffer being provided on this property along the property line with the proposed park. If the Commission would like to include conditions regarding lighting, signs, additional landscaping, outdoor speakers or other items necessary to minimize the effects of the proposed rezoning on adjacent properties, those conditions should be included in a Conditional Zoning Agreement. In' O�� S311b3dONd 2JMV3a H I LU 1?1!11 IN :W1 U110VA 03Sodoad 'm @ Z 0 ----------------- --------------------------------} �O/ z V7 �V— Q Planning and Zoning Commission December 7, 2006 Page 2 There were no questions for staff. Brooks opened the floor for public discussion Eastham motioned to approve subject to approval of legal papers. Shannon seconded. The motion carried unanimously. REZONING ITEM REZ06-00021 Discussion of an application submitted by James Davis for a rezoning of 17.75 acres of property located at Eagle View and Grace Drive from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone or Commercial Office (CO-1). Miklo said that the Zoning Code Interpretation Panel received information from PIP Printing and has determined that it could be classified as personal service and could be zoned CO-1. There is some concern that if for some reason the rezoning to CO-1 is not finalized that PIP Printing would not be in conformance with the current CI-1 intensive commercial zoning. Miklo said that he had received written confirmation from the applicant that they would like the entire area rezoned to CO-1 rather than leaving some of the lots zoned CI-1. Miklo reiterated that either the CO-1 or CI-1 zone would comply with the comprehensive plan and that staff recommended approval. Applicant was not present for comment. Brooks opened the floor for public discussion. Dan Tiedt (owner of PIP Printing) would like a CO-1 zoning and thinks it would be good for the applicant. Brooks closed the floor for public discussion. Freerks motioned to approve. Koppes seconded. Freerks said that she felt this was a good compromise and solution. She said that she is glad they took the time to work this out and thanked Tiedt for his cooperation. The motion carried unanimously. OTHER ITEMS There were none. CONSIDERATION OF THE NOVEMBER 16 2006 MEETING MINUTES Shannon motioned to approve the minutes. Eastham seconded. Motion carried unanimously. ADJOURNMENT: Motion: Shannon made a motion to adjourn. Eastham seconded. Motion carried on a unanimous vote of 7-0. The meeting was adjourned at 7:46pm. Minutes submitted by Megan Weiler s/pcd/mins/2006/12-07-06.doc Planning and Zoning Commission November 16, 2006 Page 5 Brooks said he differs from the feeling that this complies with the concept plan. He doesn't see the open spaces, the pedestrian walkways, etc. that he saw in the concept plan. According to his calculations, the amount of green space has been significantly diminished (from 29% to 14%). He doesn't feel that it conforms for that reason. He feels that the Commission sets a tone with what they approve. Brooks feels that this sets a tone for the remainder of Olde Towne Village and other development on the east side of Iowa City and this needs to be at a higher level of conformance to the concept plan before he will approve. He is a little disappointed in the architecture and thinks the developer could have done more with the "Olde Towne" or historic theme, but that was insignificant in his decision. His main concern is the lack green space and landscaping. Miklo said that it appears that there would be one or two Commissioners who would vote to approve the site plan subject to conformance with technical requirements, one or two who would approve it with the addition of more trees in lieu of parking and 3 who find that the site plan does not comply with the CZA concept plan and that more work is needed. He said at best there may be a 3-3 vote, a tie vote will fail the site plan altogether so he recommends having another meeting before November 27. This would give the parties involved time to work toward meeting the concerns regarding additional landscaping. Brooks feels that the commission should not rush the process and should see if they can come to an agreement to move the decision to December but Smith feels that the commission is in a position to make difficult decisions and that they need to make those decisions according to their obligations. Motion: Smith moved to approve lots 40 and 41 on the condition that it corrects all technical deficiencies. Motion died without a second. Koppes moved to defer until a November 27 meeting. Plahutnick seconded. Motion carried unanimously. mmbpl REZ06-00021: Discussion of an application submitted by James Davis for a rezoning of 17.75 acres of property located at Eagle View and Grace Drive from Intensive Commercial (CI-1) zone to Community Commercial (CC-2) zone. Miklo said the Comprehensive plan supports either CI-1 or CC-2 so staff feels it might be appropriate to rezone either some or all to commercial office or leave some CI-1, especially the area to the east away from Mormon Trek Boulevard. There is some question as to whether PIP Printing would be a conforming use with the CO-1 zone. There was a staff meeting earlier today to determine this and there was not consensus among staff. The question may be reviewed by the Zoning Code Interpretation Panel. The property owner would consent to CO-1 zoning if it is determined that PIP is a quick printer or copy service and thus allowed in the zone. If it is determined to be a printing plant and therefore a nonconforming use in the proposed CO- 1 zone, it was his understanding that the property owner would object to his property being rezoned. He reiterated staffs recommendation to not approve the original request to rezone this area to CC-2 or putting medical offices back in the CI-1 zones. Staff recommendation is to defer this to the December 7 meeting as the applicant chooses which lots he would like to request be zoned CO-1 and which lots if any he would like to remain CI-1. Brooks said the application before the commission is requesting a rezone to CC-2, but the Commission is hearing that this might be changed to a different type of zoning. Would the original application have to be denied? Miklo said the application could be amended. A whole new application would not be necessary. Planning and Zoning Commission November 16, 2006 Page 6 Brooks asked if consent would be required of the other property owners in the area? Miklo said the applicant has indicated that he has their consent, we can get it in writing before the next meeting. Floor opened for applicant's comments. Dave Larsen said all the parties involved have been contacted and he requests the commission's input on what is likely to result from the zoning consideration. Along Highway 1 (lot 2, lot 1 — office) (lot 3, 4 — office) (lot 2, 4, 3 of plat 4 — remain CI-1 along with Sneblen Farm). Could we stairstep into the office rezoning and change more lots to office in 6-12 months? Koppes asked does Sneblen Farms want to go to CC-2 or stay at CI-1? Larsen said Sneblen has agreed to do what's best for the whole. They said to try to keep the CI-1 but if necessary to change to CC-2 they would be agreeable to that as well. Everything west of Mormon Trek is zoned CH. Smith's concern is with PIP printing. He wants to avoid spot zoning and wants to make the rezoning comprehensive — rezoning the 1, 2, 1, 3, 4 strip is substantial enough not to be considered spot zoning. Smith would support limit rezoning portion at this time. Brooks opens the floor for public discussion. Dan Tiedt with PIP Printing said he would like a change to CO-1 if his business is determined to be quick printing and therefore a permitted use in the CO-1 zone . Medical was allowed when they bought the property and he would prefer to allow medical back in. Tiedt gave Miklo a letter from the PIP franchise that says that they are a quick printer which is acceptable for CO-1. He would like the Zoning Code Interpretation Panel to determine if his business qualifies as a quick printer. Tiedt would not support pocket zoning leaving him as the only CI-1 property or rezoning his property so that his business has a non -conforming status. Brooks closed public discussion. Brooks wants to settle what the zoning is going to be for planning purposes. Planning projects the future and determines what best suits an area and not what best suits the short term market. Brooks supports CO-1 because it will enhance visitors' view of the city. Eastham supports more flexibility and thinks rezoning presents a challenge to the zoning code as it is written now. Eastham would like to reserve some options for the future, but doesn't know that he'll be on the Commission to exercise those options in the future. Brooks supports rezoning to CO-1. There was discussion among the Commission about the visual appeal of CO-1 as opposed to CI-1. Brooks confirmed Larsen's intentions that lots 1, 2, of part one and 1, 3, 4 of part two to CO-1; lots 2, 4, 3 and Sneblen stay CI-1, or move to CO-1. Miklo suggested that the same zoning be on opposite sides of the street. Brooks and Smith indicated that although they see that point, they felt that it is important that the lots that are visible from Highway 1 be zoned CO-1. Planning and Zoning Commission November 16, 2006 Page 7 Dave Larsen wants 1, 2, 1 to stay the same and 2, 4, 3 to be office. Will try to decide by the Dec 7 which lots they want to be zoned which way. Miklo: regarding the classification of Tiedt's business, the Zoning Code Interpretation Panel, consisting of Building Official (Director of Housing Inspection Services), Director of Planning, City Attorney's Office representative) will meet next week. The City Manager will decide if there is not a unanimous decision. Smith motioned to defer to December 7. Plahutnik second. Development Code Item Discussion of an amendment to the Zoning Code to allow a minor modification in cases where there are practical difficulties meeting the standards for structured parking facilities when retrofitting such facilities within existing buildings. Miklo said this amendment is being brought forward to accommodate an existing building that someone is trying to renovate to include parking stalls under the building. The current language would prevent this as it was written for new construction and did not contemplate a situation where an existing building would be modified. The staff recommends approval of this as a minor modification. Brooks asked for questions for the staff. There were none. Brooks opened and closed public discussion. Motion: Freerks made a motion to approve. Smith seconded. Carried unanimous. Consideration of 10/5 and 10/19 minutes Motion: Smith made a motion to approve. Eastham seconded. ADJOURNMENT: Motion: Smith made a motion to adjourn. Plahutnik seconded. Motion carried on a vote of 6-0 (Shannon absent). The meeting was adjourned at 9:28pm. Minutes submitted by Megan Weiler s/pcd/mins/2006/11-16-06.doc City of Iowa City MEMORANDUM Date: 1 February 2010 To: Planning and Zoning Commission From: Sarah Walz, Associate Planner RE: UniverCity Neighborhood Partnership The UniverCity Neighborhood Partnership is a cooperative effort between the City of Iowa City and the University of Iowa. The mission of the partnership is to create a healthier balance of owner -occupied and rental property and to ensure that the neighborhoods that surround the campus remain vital, safe, affordable, and attractive places to live and work. This partnership was proposed and orgnaized as a direct result of goals and objectives identified in the Central District Plan and the Historic Preservation Plan. The presentation tonight is to show you the progress we are making on these planning initiatives. In January, the City of Iowa City signed a contract for I -Jobs funding in order to initiate Phase One of the program: an affordable housing component of the UniverCity Neighborhood Partnership. The I -Jobs program is now underway, and we anticipate the acquisition of the first properties within the month. With special financing from local lenders, the City of Iowa City will purchase twenty homes throughout the district neighborhoods. A $1 million state I -Jobs grant will fund up to $50,000 of renovation per home. These homes will then be sold as affordable, owner -occupied housing for income qualified buyers. Some preference will be given to qualified applicants who work in their neighborhoods, in the downtown, on the UI Campus or in areas adjacent to the neighborhood in which the home is located. The program will be assisted by a committee consisting of representatives of the following organizations: the University of Iowa, the Iowa City Area Association of Realtors, local lenders, the Home Builders Association of Iowa City, Friends of Historic Preservation, the Housing Trust Fund of Johnson County, and three designated neighborhood associations. City of Iowa City staff will administer the program and provide recommendations and oversight on the home acquisition and renovation process. The City Manager and the Mayor will have final approval for all home acquisitions. The UniverCity Neighborhood Partnership I -Jobs Affordable Housing Program The UniverCity Neighborhood Partnership is a cooperative effort between the University of Iowa and the City of Iowa City. The mission of the program is to preserve and build upon the unique character of residential neighborhoods adjacent to the University of Iowa Campus by ensuring that these neighborhoods remain vital, safe, affordable, and attractive places to live and work. Phase One: Affordable, owner -occupied housing. With special financing from local lenders, the City of Iowa City will purchase twenty homes throughout the district neighborhoods. A $1 million state I -Jobs grant will fund up to $50,000 of renovation per home. These homes will then be sold as affordable, owner -occupied housing for income qualified buyers. What kinds of homes qualify for the program? Homes chosen for the program must be 1. located within the designated UniverCity Neighborhoods (see Eastside and Westside maps on line at www.icgov.ore/univercity); 2. must have a current rental permit; and 3. must be in a condition that may be addressed with the $50,000 rehab budget; and 4. must sell for less than $200,000 (our target price is no more than $175,000). Renovations will be carried out by local contractors selected through a competitive bidding process. Once renovations are complete, the homes will be offered for sale to households that meet income guidelines and who pre -qualify for a mortgage. CITY F IOWA CITY CULVER/JUDGE SOBS IOWA'S MFRASTRUCTU1% INVESTMENT INITIATIVE 11RST MER1CAN ANK UNIVERSITY OF IOWA COMMUNITY .�. CREDIT UNION 0 Hank,, Who qualifies to purchase these homes? To qualify for the program, you must be pre -qualified for a mortgage and your gross household income must fall within the following income limits (80% of median income for Johnson County) —maximum income. Incomes must be verified and will be checked as part of the application process. 1-2 persons no more than $60,800 3-5 persons no more than $69,920 6 persons no more than $70,500 7 persons no more than $75,400 8 persons no more than $80,250 Household income is defined as the total gross income for all adult household members, except those under 24 who are enrolled in college. University faculty and staff who qualify and who are selected to purchase a home through this program may also be eligible for downpayment assistance and closing costs (funding provided by the University of Iowa). Downpayment assistance will only be considered for homes that are part of this program. Preference will be given to applicants who work within the designated neighborhoods, on the University of Iowa Campus, in downtown Iowa City, or in areas in close proximity to the neighborhood in which the house is located. The opportunity to choose a specific home will be determined through a lottery process. Individuals who currently rent housing within the designated neighborhoods and who can negotiate with their landlord to purchase the rental property directly from the landlord may apply to the program for up to $50,000 for renovations. These households and the properties to be purchased must meet all the same eligibility criteria (location of housing, income, employment, mortgage approval, etc.). OTHER TERMS OF PURCHASE: Homebuyers who are selected to purchase one of the homes will pay the original acquisition price plus loan and carrying costs, which may include interest for time property is held in City ownership, recording fee for construction loan mortgage, mowing and snow removal, utilities, real estate taxes, and insurance. The cost of renovations will NOT be passed on to homebuyers so long as the homebuyer retains ownership of the property as their primary residence for 5 years. This is not anticipated to exceed $2,500. In addition, all homes must be maintained as owner -occupied housing and affordable housing for ten years. How to apply for the program: You can download and application from our web site at www.iceov.ore/univercity or pick up an application at the Department of Planning and Community Development, 2"d floor, City Hall, 410 East Washington, Iowa City. For more information visit www.icgov.org/univercity e-mail Sarah-Walz@iowa-city.ore MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION JANUARY 21, 2010 — 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, Sara Greenwood Hektoen OTHERS PRESENT: Libris Fidelis, Wally Pelds, Dave Larsen, Jane Driscoll, Bob Dane RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 7-0 to approve 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. The Commission voted 7-0 to approve ANN09-00001 & REZ09-00006, 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). CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Chairperson Ann Freerks. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Libris Fidelis, PO Box 2146, Iowa City, described himself as a resident of downtown Iowa City. Fidelis said he has noticed a lot of new construction going on in the southern portion of the downtown district. He said he finds this new construction alarming because there are some very nice old buildings being torn down to build new apartments. Fidelis said he was also concerned about some information he was starting to pick up that the area being served by the Cedar Rapids and Iowa City railroad (with which, he noted, he has no connection) and by the City Carton Recycling Facility may possibly be rezoned to prevent those businesses from staying there when the area is redeveloped. Fidelis said that it bothers him that Iowa City is not trying to protect its existing businesses. Fidelis said the airport is being encroached on by apartments and the railroad is constantly being encroached on by County buildings and University buildings. Fidelis said there have been many municipal airports nationwide in the last 25 years that have been forced out by residential construction. Fidelis said he could not believe it when they built that apartment building right next to the Iowa -Interstate Railroad on Clinton Street, because a railroad is a 24-hour a day operation and needs to be able to use its air -horn. When a railroad cannot operate because people need to get their sleep, Fidelis said, traffic backs up all over the country. Fidelis said that most people do not realize that a railroad is a 24-hour a day operation and that our airport also has the potential to be a 24-hour a day operation. Fidelis said that Iowa City needs to have zoning and planning and industrial development to protect these industrial businesses and to keep the residential areas out of there. Fidelis said that we are having more and more of a problem, and that he has already Planning and Zoning Commission January 21, 2010 - Formal Page 2 of 15 addressed this to the City Council and the Economic Development Commission. He said he continues to see encroachments of mixing industrial, commercial and residential. Fidelis said that railroads in particular have absolutely no way of fighting back. Fidelis said that he does not wish to see the airport kicked out of the city because of people complaining about it, as he has seen happen all over the country. Fidelis said he would like to see the utmost consideration for protecting our existing businesses. There were no other members of the public who wished to address the Commission at this time. 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. Miklo said he was going to present some information on this item as well as on the following item, which is a zoning and annexation item connected to the same property. Miklo noted that some of this was presented to the Commission in a staff report late last year, so the information is intended to refresh Commissioners' memories. The Moss family owns property on the north side of Interstate-80, west of Pearson's. The current zone is Interim Development -Office Research Park (ID -RP). Miklo said that the Moss family would like to annex some additional land to the north of that and eventually rezone that for the development of an office park. However, in order to get to that property, Oakdale Boulevard would need to constructed from Highway 1 to the property, and then through it, eventually extending all the way over to Prairie du Chien Road, Dubuque Street, and Coralville. The applicant has received the consent of the adjacent property owner to join them in the annexation, and staff has received written verification of that from the trust that manages the adjacent property. However, before the properties can be annexed, the annexation must be in with the Comprehensive Plan. Currently, the Comprehensive Plan identifies the growth area as ending at Rapid Creek. That boundary was chosen because it is a naturally demarcated boundary. Miklo said that the growth area is generally based on what the City can serve with sanitary sewer in a gravity flow situation. In this particular area, Miklo said, the City could serve some land north of Rapid Creek, but because the extent of possible service was not known at the time the growth area was drawn, Rapid Creek became the boundary. Miklo explained that the proposal before the Commission is to amend the Comprehensive Plan to include the property in question in the City's growth area. Miklo said it was possible that in the future the City may wish to expand the growth area beyond that, but without doing an extensive study to determine what's most appropriate the City is not ready to go beyond the proposed limits. Amending the Comprehensive Plan would allow the property to be annexed, and then zoned for eventual development. Miklo stated that staff is recommending approval of an amendment to the Comprehensive Plan to include the area in the City's growth area. Miklo said he wished to speak to the rezoning application before the public hearing was opened. The proposal is to eventually rezone this land for Office Research Park; however, it currently has an "ID", or Interim Development. Miklo explained that this designation is used when necessary public infrastructure such as streets, sanitary sewer, storm sewer and water supply are not in place. Miklo noted that in this particular area, none of those elements of infrastructure are present. Until there is a plan to put them in place, staff believes that the interim development designation is appropriate. Miklo said that in the future, once the infrastructure issues are resolved, a rezoning to Office Research Park or similar zoning designations would be appropriate. Miklo presented an image of the plan for connecting Oakdale Boulevard from Dubuque Street across the Iowa River over to Prairie du Chien Road and then eventually to Highway 1/North Dodge Street. The alignment study that was done for Oakdale Boulevard did show it going through the general area being Planning and Zoning Commission January 21, 2010 - Formal Page 3 of 15 discussed; however, this is a very long-range plan for the City and there are no immediate plans or funds to build that road. Miklo said that because of this, the area should be zoned Interim Development until a plan to build the road is devised. Miklo noted that the City is in negotiations with the applicant and it is possible there may be a proposal for a Tax Increment Financing (TIF) District or some other method whereby the applicant would build the road to provide access to their property and if the project is successful and generates additional tax revenues there may be a way to reimburse the applicant for the expenses of the road. Miklo said that all of that is in negotiations and nothing has been resolved. He said that any such plans would be subject to an Urban Renewal Plan which the Planning and Zoning Commission would review, and which would have to be approved by City Council. Miklo said it was possible that some other method to build the road might be found, but that the situation right now is not resolved. Miklo stated that staff recommends approval of the Comprehensive Plan amendment, the annexation, and the rezoning to Interim Development —Research Park (ID -RP) until such time as the infrastructure issues are resolved. Miklo offered to try answer any questions the Commission might have. Freerks noted that the staff report outlined a rationale for the boundary line which, in part, involved the number of acres that could be served by sanitary sewer. Freerks asked how many acres of the approximate 700 acres discussed would be added by the annexation of the area. Koppes said she believed it was 132 acres. Miklo said approximately 132 acres are being annexed. Eastham asked if the staff recommended zoning designation of ID -RP included the entire annexation area. Miklo said that it did. Miklo noted that the zoning designation is the same as that outlined in the Comprehensive Plan for the areas that are already in the city. Miklo advised that the there is no guarantee that the final designation of the zone would be Research Park just because it's interim zoning was ID -RP; rather, the interim designation is just an indicator on the direction the area is headed at this time. Miklo explained that any change to the zoning, once it is designated ID -RP, would have to go back before the Commission to be changed. There were no further questions for staff, and Freerks opened the public hearing. Wally Pelds of Pelds Engineering, 2323 Dixon Street, Des Moines, spoke on behalf of Moss Green Development Corporation. Pelds said that they are very excited about this project, which is just at the very beginning stages. Pelds said the property first needs to added to the growth area, then annexed, then the applicant will present its Improvements Plan to the City and work through the infrastructure issues. At that point, Pelds said, the applicant would come back before the Commission to request specific zoning changes. He said that they have lots of unique ideas for the property. He said that he hoped to keep the Commission excited about the project, which will be very "green" oriented, focusing on energy efficiency. Such a focus would probably require some zoning "tweaks", Pelds said, bringing them back before the Commission and staff in an effort to work through some of the unique features they hope to present in Iowa City. Pelds said that Iowa City was chosen because it is a great location with great demographics for the project. Pelds said that he believes the project will be quite unique, and that they hope to partner with the University of Iowa's Department of Environmental Engineering to have some of their students help design some aspects of the site. Pelds said that he would be happy to answer any questions the Commission might have. There were no questions for Pelds. Libris Fidelis, PO Box 2146, Iowa City, said he was speaking as a partially interested citizen. Fidelis asked if there had been an environmental impact statement for this project. He said that he understood that the Moss family was in favor of the project, and acknowledged that the area is transitional from agriculture to development. Fidelis said that he is aware of the businesses that are close to the freeway and of the hotel in the area. Fidelis said that as far as he is concerned, anything near a freeway is open Planning and Zoning Commission January 21, 2010 - Formal Page 4 of 15 for development. Nonetheless, Fidelis said, he would like to know what the possible environmental impact between the farms and the proposed development might be. Fidelis said that he understands the Moss family is an agricultural family, but that it was also true that an awful lot of farmers have been trying to cash in because the government is basically against agriculture and for the corporate farms of 15,000 acres or more. Fidelis said that his primary interest is how this project will affect farms in the area and how it will affect the local environment. Fidelis said that on the one hand the property is right next to the freeway and prime for development. On the other hand, Fidelis said, development is not compatible with agriculture no matter how you cut it. He said he knows that people want to bring economic development to Iowa, but that doing so destroys farms. There's no way to get around it, Fidelis said, agriculture and development do not mix. Fidelis said that he thinks Iowa City does have a need to consider its future growth, having been a compact society for a long time. He said there is a need for growth and for new jobs. He said his only concern is how this will affect the agricultural areas farther north of this property, and how it will affect the environment with respect to natural wildlife. Fidelis said he is sure that has been taken into consideration, but that he has not heard a word about it. Freerks thanked Fidelis for his comments and advised him that there would be a Sensitive Areas Review, which will consist of an intensive study of the land prior to any development. Freerks asked if Miklo would like to add anything to that, and he said he that the review would take place at the time the property was rezoned from Interim Development. No other members of the public wished to speak and the public hearing was closed. Plahutnik moved to amend the Comprehensive Plan to include the area under discussion in the long-range planning growth area. Koppes seconded. Eastham commented that the staff had laid out a very good outline for why this amendment is appropriate and how it is consistent with the policies and practices generally followed when making amendments to the Comprehensive Plan. Freerks noted that it was acknowledged long ago when the boundary was initially created that it would have to be re-examined in the future. Freerks agreed that the requirements for making an adjustment at this time had been met. There were no further comments from the Commission. A vote was taken and the motion carried 7-0. 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 said staff had nothing further to add to previous comments. Freerks asked if there were any questions for staff, and there were none. Freerks opened the public hearing. Wally Pelds, Pelds Engineering, said that he was still present and available for any questions the Commission might have. Planning and Zoning Commission January 21, 2010 - Formal Page 5 of 15 There were no questions for Pelds. Libris Fidelis said that if the City intended to extend the zone for development, they also needed to annex it. He said it is only a half -measure otherwise. He said he certainly did not want to see Reef City take any more areas of our territory. There were no further comments from the public and the public hearing was closed. Eastham moved to approve ANN09-00001 & REZ09-00006, 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). Plahutnik seconded. Weitzel said that he wanted to reiterate what Freerks had said about the Sensitive Areas Ordinance. He said he thought this was going to be a very complex area to develop, but that there were ways to address that in the ordinance. Eastham said that in the Commission's discussions to -date, he has been in favor of providing access to this land along the route that is generally in agreement with one of the proposed alignments of Oakdale Boulevard. He said he would look forward to that alignment eventually being continued as the area is eventually rezoned for development. Freerks noted for the public that the alignment of Oakdale Boulevard is something that was discussed and voted on some time ago and is not being proposed by the Commission or the applicant. Freerks said she was in favor of the application and that she believes it is in the City's best interest to have control over that piece of land, especially if Oakdale Boulevard will be going through that area. She said she looks forward to the sensitive areas being carefully looked at. She said she thinks it is an interesting piece of land to try to develop. She said she is interested to see what goes in there. Eastham asked if it is possible to build that section of Oakdale Boulevard without changing the zoning from an interim development to a final zoning designation. Miklo said that it could be. Miklo said that the road itself does not require a rezoning; it is the private development adjacent to the road that would trigger a rezoning. A vote was taken and the motion carried 7-0. 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. The 45-day limitation period ends January 29, 2010. Miklo introduced Jake Rosenberg, an intern in the Planning Department and a graduate student at the University of Iowa's Urban and Regional Planning Program. Rosenberg presented the staff report. Rosenberg explained that the rezoning request was being made to allow a car dealership to be developed in that area. Rosenberg said the property was annexed into the city in 2003; at that time the zoning was set with the goal of developing the land south of the airport into industrial uses. This area was seen as particularly suitable for Commercial Office and Intensive Commercial uses, along with other industrial uses. It was initially zoned CIA, and was rezoned CO-1 in 2007. In 2005, the City Council approved a plat that contained a note prohibiting direct vehicular access from this area to Mormon Trek Boulevard. Any access from the property would instead be from Eagle View Drive. Rosenberg said the recent east -west extension of Mormon Trek Boulevard coming through the area will greatly impact future Planning and Zoning Commission January 21, 2010 - Formal Page 6 of 15 development around the subject property. This extension permits new access to the South Central District for future development and provides an arterial street connection to other parts of Iowa City. With a likely future industrial zone to the east, the airport to the north, and commercial development to the west, the subject property is suitable for Intensive Commercial or Office Commercial Development. Rosenberg said the current zoning of the property is Commercial Office (CO-1); a zone that is used to provide specific areas where office uses, apartments, and certain public and semi-public uses may be developed in accordance with the Comprehensive Plan. Rosenberg said that the CO-1 zone can serve as a suitable transition between residential and more intensive commercial or industrial uses. Rosenberg said that the requested zoning is the Intensive Commercial (CI-1) zone, which is designed to provide areas for businesses that are land -intensive or light industrial in nature. He said that these businesses typically require space for outdoor storage and display of merchandise, such as car dealerships. Typical uses in the CI-1 zone, Rosenberg said, might be small scale manufacturing operations, warehousing and industrial service uses. He said that the CI-1 zone is generally not compatible with residential and less intensive zones, so the 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. Rosenberg said that the Comprehensive Plan supports either Commercial Office or Intensive Commercial development for the property. Both the CO-1 and the CI-1 zonings are appropriate for the South Central District's future land use scenarios and will offer suitable transition to future industrial uses that have been identified in the Comprehensive Plan. The South Central District Plan states that the area is suitable for Intensive Commercial uses, such as uses with extensive outdoor storage needs. Rosenberg said that 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. Rosenberg stated that the proposed zoning is compatible with the neighborhood. He said that 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. Rosenberg noted that according to the South Central District Future Land Use Scenario map, the property immediately east of the subject property is slated for industrial or manufacturing uses in the future. He said that the City's motivation to invest in the extension of Mormon Trek Boulevard was to encourage industrial development in this area. Rosenberg pointed out two farm houses located to the east of the property on the other side of the old Dane Road. Rosenberg explained that in the future these properties may be redeveloped, but in the meantime they would 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 meets a minimum of S-3 screening standards be required. Rosenberg said this could take the form of large pine trees that would be used to block light from the car displays. Rosenberg said that it is staff's belief that with some additional landscaping to provide a screen for the 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 invisible CH-1 to the west and the planned industrial area to the east. Rosenberg shared a copy of the site plan that had been provided by the applicant. He noted screening along the berm, but noted that the large conifers recommended by staff would go beyond that provided in the site plan. Rosenberg shared several photographic views of the area, to show the various uses in the area and the lay of the land. Staff recommends approval of the application subject to staff approval of a minimum 20-foot wide landscape buffer meeting S3 screening requirements along the east property line for a distance of 300 feet south from Eagle View Drive. Miklo clarified that, as discussed, one of the motivations for extending Mormon Trek Boulevard was to encourage industrial development adjacent to the airport. Miklo said the plan has a vague boundary in the area in that there is a hillside in the area. He explained that it is best to rely on topography to determine Planning and Zoning Commission January 21, 2010 - Formal Page 7 of 15 boundaries, noting that the property at the top of the hill may be better suited for Commercial Office but not necessarily industrial. Miklo said that staff understands that the family that owns that property is very interested in having it preserved as open space or park land. Miklo noted that the land does have a very dramatic slope and great views of the city. Miklo said that he believes the discussions on preservation of that open space occurred after the Comprehensive Plan was drawn up. Miklo said he just wanted to clarify that the property to the immediate east is likely not going to be industrial, and that the industrial may occur farther to the east. Koppes asked how many feet from the subject property the farm house is, and asked about other buildings located nearby in the aerial photograph. Rosenberg said that the house is about 300 feet from the property line, and that the structure in the photograph is a cell phone tower. Busard asked Rosenberg to show the site plan again. Rosenberg noted that the site plan was just conceptual at this point. Payne asked if it was correct that the entire eastern property line of the subject property is more than 300 feet. Miklo said that was correct, and that staff is suggesting a landscape buffer that stretches south from Eagle View Drive for 300 feet. He said that the uses further south will likely be CI-1 uses. Eastham asked if the site plan shows an access to Mormon Trek to the south of the property. Rosenberg said that direct Mormon Trek access is not allowed. Miklo explained that there actually is an easement that would allow access to Mormon Trek not directly from this lot, but over an adjacent property. Miklo noted that this area is currently not in the city, but that the plan was to minimize the number of curb cuts onto Mormon Trek Boulevard. Miklo said the thought was that an easement for shared access would allow access and keep curb cuts to a minimum. Eastham asked if it was correct that approving the application before the Commission would not imply endorsement of that particular access. Miklo said there is an easement and the recorded plat for this property notes that this property may have access via that easement. The details of the site plan itself will have to be approved at the time the building permit is issued. Staff has not examined the site plan for compliance with all of the city's codes; which, Miklo added, is not really the intent at this time. The question to be answered now is whether or not this is an appropriate zone. Miklo noted that if there are some concerns they may be able to be addressed through a conditional zoning agreement. Freerks noted that, technically, if the property was rezoned any use that is allowed in a CI-1 zone would be allowed to be on that site; it would not necessarily mean that this site plan or this business would actually become the use for the property. Eastham said that his immediate thought is that he wanted to clarify that the Commission would not at all be endorsing that particular access if it were to approve the rezoning. Freerks said the site plan does make it look as though there is a curb cut. Miklo explained that there is likely to be a curb cut and access point because the plat provides for it; however, the location would not yet have been pin -pointed; that would come with site plan approval. Miklo said it may be that when the street was constructed the curb cut was identified, but he has not looked at those construction documents to verify that. Payne asked why the zoning was changed from CI-1 to CO-1 back in 2007. Miklo said that the whole area was zoned CIA Intensive Commercial, and the property owner had an interest in doing a variety of different uses, so they applied for CC-2 zoning. Staff advised against CC-2, and it was found that Commercial Office, CO-1, could meet the property owner's needs. Miklo said there was some discussion at that time if the zoning should just be applied to the northern lots or if it should be applied to the whole property. Miklo said the applicant chose to seek rezoning of the entire area. Payne asked if it is a different applicant that is now seeking to rezone the property back to what it was to begin with. Miklo said that he believes Dave Larsen, who is representing the applicant, also represented the previous applicant. He said there seems to be some connection, and he will ask Dave Larsen to address that. Payne asked if it would be normal to flip flop back and forth between zones until something is developed on a property. Miklo said it is not normal, and is something staff likes to avoid. He said there have been a couple of circumstances where that's happened. He said that in this particular location the Comprehensive Plan provides for either Planning and Zoning Commission January 21, 2010 - Formal Page 8 of 15 zoning. Koppes said she remembers this application because she remembers having this same exact conversation about not wanting to keep flipping the zoning of the property. Koppes said she remembered saying at that time that if the zoning was flipped to CO-1 it would need to stay there, and that was just three years ago. Freerks said the discussion tonight is whether the Commission feels that this is an appropriate zone for this property. Miklo said it was possible Koppes was remembering a similar situation on Ruppert Road. Koppes said he could be right. Busard said that requiring the S3 screening basically makes this a conditional zoning. Busard noted that no matter what use would go in there, the buffer would have to be put in. Busard asked when the buffer would have to be installed. Miklo said it would need to be done at the time of construction. Payne asked if the screening would be on the top, the east, or the west side of the berm. Rosenberg said the screening would be on the west side of the berm. He said the idea would be to get taller conifers, taller than 20-feet, that would block out some of the display lights of a car dealership. Payne said that when she considers the lay of the land, she wonders if staff considered requiring the buffer to go around the corner on Eagle Drive also to block the view from the farm house. Payne also noted that the house to the north is pretty far to the north and may not benefit from the current buffer placement. Miklo said that staff had considered bringing the buffer around the corner but that they believed there was adequate distance involved to make the buffer less necessary in that area. Miklo said it was certainly something that the Commission could require if they felt strongly about it. Eastham asked if car lots were also subject to the code's lighting standards and Miklo told him that they were. Eastham noted that the requested zoning designation is CI-1, but that car lots are also allowed in CH-1 zones. Miklo said he did not believe car lots are allowed in CH-1 zones; he said he believed that car lots in the CH-1 zone would be non -conforming uses that had been grandfathered in. Plahutnik noted that PIP Printing is the closest neighbor to the proposed car lot, and asked if they had had any comment on the application; Miklo said he has not heard from them. Freerks opened the public hearing and invited the applicant to address the Commission first. Dave Larsen, Kalona, said that the supposed flip-flopping of the zones was because at the time of the rezoning, they were considering keeping part of the property CI-1 and they needed a CO-1 designation for PIP Printing. At that time, Larsen said, they were also being approached by several medical facilities. Those facilities could not go in a CI-1 zone, and so that is why the designation was changed. Larsen said that at the time, which designation they wanted for that property was kind of a toss-up. Payne asked if it was just because of who was interested in the property that the zone had been changed, and Larsen said that those who had expressed interest in the property needed a CO-1 designation. Larsen said that the farm house to the north belongs to John Dane. Larsen said that John Dane did not express any problems with the proposed changes when Larsen spoke with him today. Larsen said that the lighting for the facility is designed to keep all light from leaving the property. Larsen said the architect indicated that there will be perhaps one foot-candle of light beyond the property per lighting unit. Larsen said these lights will do a really good job of keeping the light on the property. Payne asked how tall the lights are. Busard said the site plan says the lights along the edges are 21 feet and those in the middle are 27 feet. Larsen said he was just given the staff recommendation for the 300 feet of landscape buffer. Larsen said that he would rather have it go to the property line where the George Dane property ends. Miklo said that the 300 feet was intended to cover roughly to that same point that Larsen was talking about. Miklo said the thought was that there would be no residential or agricultural designation in the future if the property is annexed. Freerks asked if there would be benefit in taking the buffer even further. Larsen said that the ten Planning and Zoning Commission January 21, 2010 - Formal Page 9 of 15 acres along the bottom of the site is John Dane's property, which they will also be developing, and so the most logical point to end the buffer is the at the end of the George Dane property line. Plahutnik said that the screening and the light reduction sounds great, but seems counterintuitive to every car lot he has ever seen. He said that every car lot seems to seek to be on the highway, highly visible and lit to the max. Larsen said the lighting for the facility is designed with a screen that keeps the light on the lot; the light will end at the curb. Larsen said that most dealerships do not have a screen on their lights and so they shine right in one's eyes. Plahutnik asked if this meant that there would not be an effort to be visible from Highway 1 then. Payne said that it sounded like the light will be bright but the candle power will not bleed off the property. He said that the dealership would be visible, but that the light would not shine into the distance. Larsen said that the security lighting will also be in compliance with the ordinance which requires that after business hours the lighting shifts over from normal lighting to a security lighting system. Larsen said that it may even be possible to work with it a little more so that the security lighting comes on in the east, closest to the farm house, a little earlier than it does on other parts of the lot. Larsen asked if Eastham had a question. Eastham said he was just going to ask his usual question, which is what the cost per foot is for S3 screening. Miklo said that S3 screening is typically achieved by planting evergreens such as white pine or spruce. Payne asked how big they have to be at the time of planting. Miklo said he believed they have to be three or four feet at the time of planting. There were no further questions for Larsen. Libris Fidelis said that he is not a pilot. He said that discussions of the lighting at the proposed facility indicate that the light will not leave the property. He said that there is, however, reflecting and refracting light, and he is curious as to whether or not the Airport Commission can have input on this facility. He reiterated that he is not a pilot, but said that when a pilot is coming in from 5,000 feet whatever is being illuminated can compete with a pilot's night vision. Fidelis said that even though there are already car dealerships in the area and all airports have their own parking lots on them, dealerships do have an awful lot of excess light in comparison to other businesses. Fidelis said that he really hoped that the Airport Commission would be consulted as to their view of what it would be like for a pilot coming in at night to encounter that level of light on the approach. Fidelis said that surrounding the airport with bright lights seems like it would create competition for the pilot's attention. He said that it was possible there were other ways of compensating for the problem of too much light and that he did not know as he is not a pilot; however, he reiterated his pleas that the Airport Commission be consulted. Jane Driscoll, address not given, said she was speaking on behalf of her grandfather, George Dane, who owns the property at 4120 Dane Road Southeast, just south of the parcel in question. She said the property is bounded by Mormon Trek and directly across from the five acre parcel under review for rezoning. Driscoll said she was joined by her parents, Francis and Janet Driscoll, who currently reside at the home at 4120, as well as a number of other family members. Driscoll said that her grandparents built the home at 4120 Dane Road in 1948. Driscoll said that in addition to a family residence this property has an apple orchard, grape vineyard, flowering trees and bushes, walnut and oak trees, farm crops, livestock, and other amenities. Driscoll said that from the high hill where the house sits one can look out to the northeast and see downtown Iowa City, City High School, and the Iowa City Airport; to the east across the Iowa River Valley to Lone Tree, West Liberty and south to Hills; to the west are the rolling hills of the Iowa prairie; and, from this location fireworks from four different communities can be seen. Driscoll said that the sunrises on the property are as beautiful as the sunsets. Driscoll said that her grandfather believes that we are all tenders of the land for just a short time; that the land is a gift to us and that we must be mindful of its care. Driscoll said that ten years ago this property was designated to become a park so that the sledding hills and the beautiful vistas will remain for the world to enjoy. Driscoll said that it is with this in mind that the family considers the property currently under review. She said that the family finds the proposed car dealership to be less than desirable as a neighbor, but that the family is not naive to believe the property will not be developed. Driscoll said the family would like to see Planning and Zoning Commission January 21, 2010 - Formal Page 10 of 15 a scenario that results in the best use for that property and the best use for land that is adjacent to a future park. Driscoll said that she cannot say that she knows of any other parks adjacent to car dealerships; the uses, she said, are simply not compatible. Driscoll noted that car dealerships bring high traffic, require high visibility and attention -getting displays; things that are not compatible with residential or park uses. Driscoll said that outside storage lots require intensive lighting to display the merchandise and prevent vandalism and thefts; these things are also not compatible with residential or park uses. Driscoll said it is difficult to star -gaze in a park with the glow of security lighting illuminating the sky. She said the family has already had direct experience with these issues, but have, until tonight, tried to remain good neighbors with the existing car dealership at the corner of Highway 1 and Mormon Trek. Driscoll said the dealership's speaker system can be clearly heard from their home; at night, lights from the lot radiate in all directions requiring her parents to keep their blinds drawn, thus, restricting their use and enjoyment of their own views. Driscoll said that there is activity on all sides of a car dealership. Driscoll also noted that the large trucks delivering cars and trucks are often off-loaded in the street because the trucks doing the deliveries are so big. Driscoll explained that Eagle View Drive would not be adequate to the traffic needs the dealership would generate. Driscoll said they agree with the S3 screening standard requirements, and suggest using light limitations similar to those in the airport zone. Driscoll said the family suggests noise restrictions, hours of operation restrictions, and limits to the location and number of accesses onto Eagle View Drive and Mormon Trek. Driscoll said that the family has not yet met their neighbors, but that promises and good intentions should be documented as Commissions, City Council, staff, and property owners change over time. Driscoll said that conditional zoning requirements placed on the property at the time of rezoning will document the agreements and intentions for the future. Bob Dane, address not given, said that he had not intended to speak because Jane Driscoll speaks so eloquently on behalf of the family. Dane said that he has been in the house at 4120 Dane Road since he was one and a half years old, so he is quite familiar with the property. Dane said he was a bit taken aback by Miklo's statement that the family is interested in having a park in that area. Dane said that the park is a done deal and has been for ten years. He said that the land will be turned over to the state and then will be managed locally. He said the property would be a state park. Dane said that one of the reasons his father agreed to have the cell tower put on the property was to provide the income necessary to provide the maintenance for the park in perpetuity. Dane asked if there was anywhere else where industrial or intensive uses were placed next to a park. He said that he also finds it interesting that lighting and screening are being discussed two steps ahead of deciding if the zoning is appropriate. Freerks asked what area the park land includes. Dane briefly outlined on a visual aid where the park would be located, running approximately'/mile east from Dane Road. Dane said one of the reasons the park land was extended over the hill was to prevent tall buildings from being developed on the east side of the property and blocking the view. Dane said that you may no longer be able to see West Liberty, but you can see the "golf ball" of Williams Pipeline. Dane said that when he was a kid he could use his binoculars to watch the trains come in on the Rock Island line, seeing them first out by the pipeline, then seeing them again by the old South Johnson train station and then watching them cross the river at Riverside Drive. Eastham said his understanding is that there is a plan to make some of the land to the east of this rezoning into a park, and he asked if he could have a little more information about the process by which that was to occur. Dane said it has been set up in George Dane's will, set up in the Midwest One Dane Family Trust, and at the time of the dedication of the property it was approved by the Parks and Recreation Commission; at that time, both the City Council it and the Planning and Zoning Commission were aware of it. Dane said the park has been given over to the State of Iowa Natural Heritage Trust who will pass control or care to Johnson County who in turn will pass control over to the Iowa City Parks and Recreation Department. Dane said the support for funding and maintenance will be the rent received from the cell tower company. Dane said that they have been around politics long enough to know that land can be used for other purposes than what it may have been intended when first dedicated. Dane said that the caveat for this type of arrangement is that if the local government does not do its duty, the property could go back to the County, and ultimately the State. Dane said that when his grandfather bought the farm in Planning and Zoning Commission January 21, 2010 - Formal Page 11 of 15 1928 he knew that the town would get there eventually, but he also wanted to preserve that view of Iowa City because there is no other view like it in Iowa City. Plahutnik noted that Dane seemed to be speaking a little more forcefully than Driscoll had. Plahutnik said that at some point the Commission was going to have to vote on the issue, so he wanted to bring a little focus to this discussion. Plahutnik said that Driscoll mentioned a number of logistical concerns to be considered, whereas Bob Dane seems to be saying something much stronger. Dane said that he thinks PIP Printing next door and the neighbors to the north are excellent uses of the property. He said he thought a three-story medical office, or a building something like Lepic and Kroeger's building on Mormon Trek would be appropriate uses of the property. Dane noted that shiny cars reflect lighting even if it is directed downward. Dane said that intensive, major, industrial development is not appropriate next to a park. He said that one sees residential next to parks, or small office buildings next to parks; one does not see car dealerships next to parks. Eastham said that his understanding is that the land dedication will open the property up to the public. Dane said that was correct; it would be a public park operated by the City. Dane said that it is his understanding that once the seven grandchildren of his parents say that they do not want to live on the property, the property rolls over to the state. He said that there is a caveat that says no other buildings can be built on the property; maybe a park shelter, but no big maintenance buildings or houses. Dane said it is a park; it will be a park; open to the public. Dane said there is room in the grassy areas for croquet fields and horseshoe pits. The City could let people pick the apples or the grapes, he said. The garden between the two farms could be designated community garden space. Dane told a story that years ago a former coach of the Iowa football team used to bring his family out to tend a small garden to get that experience for his children as they grew up. Dane said these are the kinds of things they would like to see the property used for. Dane said the land is beautiful for watching fireworks and the view of the airport is beautiful. He said they never need to watch the weather report, they just look outside. Payne said it sounded like Dane was not opposed to development, he would simply rather see the zoning remain the way it is now. Dane said that was correct. He said the family is not against development or use of the land because they are not that selfish. He said they just want to be able to provide the same types of experiences to people coming to Iowa City in the future. He said they also have discussed that they would like their cousins to be able to come back with their own grandchildren and point out the hills where they played as children. Eastham asked if Dane had any idea when public access might start. Dane said it was impossible to say for sure. There were no further questions for Dane and Freerks thanked him for his input. Dave Larsen said that he wanted to say that the car dealership is very concerned about how its neighbors feel about it, and that is why the dealership is willing to do a lot of work to shelter the nearby property from lighting issues and so forth. Larsen said that this property is about 20 feet below the hill where the cell phone tower is located. He noted that he would be developing property to the north and south of the property and that visibility -wise lighting would show more from the north and the south due to the topography. Larsen said that because of this, if he was to choose a place for a car dealership, he would opt for the proposed property. He said that he thinks that with the lighting and with the restraints that will be put on the car dealership the Dane family will be happier with the dealership than they would be with an office -type use. Libris Fidelis said he wanted to reiterate his pleas to the Commission that before they make a judgment they contact the Airport Commission and find out if the additional lighting from a car dealership would affect pilots. If the Airport Commission says that this is not important to them, Fidelis said, then the Planning and Zoning Commission can defer to its own judgment, but he believes the Airport Commission should have a very strong say in this matter. Jane Driscoll invited the Commissioners to come out any time to see the property, and said that the family would be happy to give personal guided tours if desired. Greenwood Hektoen advised that the Commissioners could not have contact with the applicant or affected parties outside of the meeting. Miklo Planning and Zoning Commission January 21, 2010 - Formal Page 12 of 15 clarified that Commissioners could visit the property, but could not speak about the matter with the Dane family while there. Driscoll said that if the Commissioners called to say when they were coming, the family would be happy to stay away. Bob Dane said he was not thinking of moving the dealership to the north; he had been thinking it should be moved more to the west side of Mormon Trek. Dane said that as a side note, his family knows a lot about the airport because his grandfather hauled the rock for the first runways. Freerks noted that the 45-day limitation period for this application is January 29, 2010. She said that the Commission is required to make a vote on the matter this evening unless the applicant is willing to waive the 45-day limitation period and allow a deferral to the next meeting. Freerks said that if Commissioners need time to consider and think over the CO-1 to the CI-1 zoning change, then the Commission could ask the applicant to consider a deferral. Koppes said she would prefer a deferral because with any controversial zoning change the Commission typically takes at least two meetings to decide. Miklo noted that there would have been two, but that one was cancelled as a result of a snow storm. Eastham said that he too supports deferral. He said that the potential nearby land becoming a park at some time in the future is something that he was totally unaware of. Freerks said she did not really want discussion right now, but that she was asking before the public hearing was closed in order to give the applicant the chance to speak to a deferral. Busard said he would be in support of a deferral because he would like to actually go out to the property. Plahutnik said he too would like to defer if the opportunity arises. Freerks said that if a deferral was not allowed by the applicant then the Commission would need to vote either for or against the application. She asked Larsen if he would allow for a deferral until the next meeting on February 4, 2010. Larsen said he would be willing to consider a deferral, and asked what items specifically the Commission wished to clarify. Freerks said the Commission would talk more about that at discussion time. Miklo said that some of the concerns raised had to do with signage, lighting, and landscaping; all matters regulated by the zoning code. Miklo said it is possible to create a conditional zoning agreement wherein standards above and beyond those found in the code can be implemented if there is a public reason for doing so. Miklo said that one example would be to prohibit signage on the side of the building that faces residential property. Miklo said that if there are things like that the Commission feels could be negotiated with the applicant, it would be helpful to identify those so that they can be explored before the next meeting. Plahutnik said that in any rezoning there is always an obvious benefit to the applicant. The way he looks at these applications is through the lens of whether the zoning complies with the Comprehensive Plan, and what, if any, is the benefit to the city and for the future. Plahutnik said that in this instance it is bad for the applicant if the car dealership is located somewhere else. However, the question Plahutnik needs to answer is if that would be a better result for the city. Plahutnik said his question for staff was if there are currently appropriately zoned properties available for this car dealership at this time, and if so, is that a better benefit to the city with this property being right next to a proposed park in the future. Greenwood Hektoen said that the public hearing should probably be closed since the applicant had given his consent to defer. Larson said that he had some questions in regard to the deferral. He said Freerks had asked if he would be willing to defer, but that he had not yet said that he would give consent. Larsen said his other question is, what is the rub between a park and a car dealership. A park, Larsen said is utilized during the day, so the lighting would not be an issue. He said he did not understand why there would necessarily be a friction between a car dealership and a park. Koppes said that she believed noise could be an issue. Larsen said the noise would be very small in comparison to other potential uses. Freerks said it was possible she would be in favor of the application but that she just needs to spend a little more time making the right decision. She said she is certainly not saying that she would be voting no, but that she has questions and concerns and she wants to make sure that they make the best choice for the area. She said that she is not saying that a park and a dealership could not go side by side, she simply is not sure and needs to think about it a little more. Larsen said that the car dealership has purchased three other car dealerships in that area and so this is really the only property available for them as they want to stay in the neighborhood. Larsen said that the use also fits in with surrounding uses, and that the area has already been established as an area where car dealerships are located. He said that this is the reason Mormon Trek was extended, to promote the city and develop that area. Freerks Planning and Zoning Commission January 21, 2010 - Formal Page 13 of 15 said it was possible that there were simply some other landscaping ideas they had not yet considered. Freerks said there would likely be an informal meeting prior to the formal meeting just to work through some of those issues. Larsen asked if the Commission would have to have two more meetings in order to vote for the issue twice if a deferral was granted. Freerks said that was incorrect; the Commission meeting on the 4th would take care of the matter. She said she understood that Larsen needed to keep on a pace acceptable to the car dealership as well. Greenwood Hektoen asked if Larsen would be willing to waive the 45-day limitation period until the February 4th meeting. Larsen said he would agree to that. Freerks asked if there were any other comments before the public hearing was closed. There were none, and the public hearing was closed. Freerks asked for a motion. Eastham moved to defer consideration of REZ09-00011 until the February 4, 2010, formal meeting. Weitzel seconded. Eastham said his interest is twofold: 1) if this parcel were to develop as a car dealership and the property to the east were to develop as a public park, could those two uses be made compatible; 2) a little more clarification about the process involved in the property to the east becoming a public park. Eastham said that he would like staff's input on the park. Eastham said that the answers could have implications, at least in his mind, about further development in the area. Payne said she has a couple of questions about Dane Road. She asked if the dead end picture indicated that the road will be a through -road some day. Miklo explained that it used to be a through -road and that it has been blocked off; there will probably be grading to the site in the future to smooth the area out. Payne said that the curb cuts and the unloading of vehicles on the street was a good point to consider. Miklo said cars would likely be unloaded on site, but that those things can be clarified with the applicant. Payne thanked the Dane family for coming to speak. She said she was appreciative of the fact that they were not against development but were seeking the best use of the land. Payne said that was exactly what the Commission was there to do as well. Plahutnik said the park was a surprise to him as well, and he needed a little time to consider that. Plahutnik said seeing the site plan and have things cleared up would be great before a vote was taken. Plahutnik said he has enjoyed outdoor recreation next to a sewage treatment plant when the wind is in the right direction, so he is not convinced that incompatibility is an issue. He said he would also like to go out to the property, and that he is very much for deferral. Busard said he just wants to get a look at the topography. He said he was not yet sure about the compatibility or incompatibility of the uses, but would like to see the property to see about landscaping and design possibilities, and to review the site plan. Weitzel said he would like to look at the application from a comparative point of view between what the property is zoned now, versus the requested zone. He said he would like to visit the site and hear more about whether or not there is a way to make these uses compatible. Koppes said she would like to go back to the minutes and see what was said when the zoning was changed the first time. She wants to know the arguments that were made then as to why the property should not be CI-1. She said she would also like to look at the other uses of the CI-1 zone and see what other possible uses could wind up there, as a car dealership could not be guaranteed. Koppes said she would also like to consider noise as a factor. Payne asked if the land to the south is still in the County. Miklo said that it is and that it is zoned for agriculture. Payne asked what the potential zoning for that would be when and if it is annexed into the city. Miklo said it would likely be CI-1 or CO. Miklo said the Comprehensive Plan will have designated it as something that can be compatible with industrial development. Miklo said that in the past a concern has Planning and Zoning Commission January 21, 2010 - Formal Page 14of15 been that when areas were identified for industrial parks the land would have to be on the market for quite awhile. Miklo said there has often been the temptation to zone it for more easily marketed commercial uses, which led to a lack of industrial land. Miklo said that some industrial firms have come to Iowa City looking to locate here and could not find an appropriate space. Miklo said that CC-2 tends to become rather strip -commercial in character, and winds up eating into industrial areas, whereas CO and CI-1 are more compatible with industrial uses. Koppes noted that no one even knew if that would be annexed into the city anytime soon. Miklo said that was true, but that he suspected it would be. He said the building of Mormon Trek Boulevard has really added value to the land. Freerks said the community put a lot of investment into Mormon Trek and the reality is that development will come to that area. She said that, for her, the deferral may be to take a look at how a car dealership could be a little more compatible, or whether what has already been proposed really would work, or if it would not work at all. Freerks said revisiting the idea of the buffer and screening may be one way to go. Freerks said that we all tend to look back to things in our backgrounds. She said her parents in northern Iowa have a lovely farm, not far from which was a beautiful park which is now in the shadow of an ethanol plant. Freerks said that because they did not own that land, her family just had to of come to grips with it. She said she does understand what can occur, and she wants to make sure whether this is the right thing to do or not for that area. Eastham asked staff to include any opinions made by the Parks and Recreation Commission up to now about this potential park. Plahutnik said that Driscoll's statement had to be the most reasonable objection to a development that the Commission has ever heard; completely accepting of the realities and the economic fact that this is somebody else's land. Plahutnik said it was very refreshing to hear somebody to approach things from that viewpoint, and thanked Driscoll for her comments. A vote was taken and the motion to defer was passed 7-0. CONSIDERATION OF MEETING MINUTES: December 14 & 17, 2009: Payne asked for clarification on a passage. Busard motioned to approve the minutes. Payne seconded. The minutes were approved 7-0. OTHER: None. ADJOURNMENT: Koppes motioned to adjourn. Payne seconded. 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