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HomeMy WebLinkAbout11-15-2012 Planning and Zoning CommissionIowa City Planning & Zoning Commission „ Informal Meeting CANCELLED Formal Meeting ` November 15, 2012 Thursday — 7:00 p.m. Emma Harvat Hall — City Hall ` es. - .,RM4Ti, ° ri �'.. ._.�- .yl #its ••1 Of ]� ' so t �.. ril 7-1 ccs Rya i ? i !� ,. {I r Department of Planning & Community Development CITY OF IOWA CITY PLANNING AND ZONING COMMISSION No lnformal Meeting Iowa City City Hall Helling Conference Room 410 E. Washington Street AGENDA: A. Call to Order Thursday, November 15, 2012 - 7:00 PM Formal Meeting Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street C. Public Discussion of Any Item Not on the Agenda D. Rezoning/Development Items: 1. REZ12-00024/SUB12-00010: Discussion of an application submitted by Southgate Development Services for a rezoning to amend the Planned Development Overlay Medium Density Single Family (OPD-8) Plan to change townhouse style units to zero lot line dwellings and a preliminary plat for Cardinal Pointe South Part Three, a 32-lot, 6.53 acre residential subdivision located at Camp Cardinal Boulevard, Ryan Court and Preston Lane. (45 day limitation: November 26, 2012) 2. REZ12-00027: Discussion of an application submitted by the City of Iowa City for a rezoning to designate the Jefferson Street National Register Historic District as a Historic Preservation Overlay (OHP) zone. 3. REZ12-00028: Discussion of an application submitted by Northside Commons, LLC for a rezoning from Neighborhood Stabilization Residential (RNS-12) zone to Central Business Service CB-2) zone for approximately .22-acres of property located on 221 and 225 North Linn Street and the adjacent MidAmerican substation, which is approximately .07 acres. (45 day limitation: December 8, 2012) E. Comprehensive Plan Rezoning CPA12-00005/REZ12-00026/SUB12-00012/VAC12-00004: Discussion of an application submitted by Hy-Vee Stores, Inc. for a Comprehensive Plan Amendment, a rezoning from Medium Density Single- family Residential (RS-8), Neighborhood Public (P-1) and Highway Commercial (CI-1) to Planned Development Overlay/Community Commercial (OPD/CC-2) zone and a preliminary plat of Roberts Dairy Addition for approximately 8.21 acres of property located on North Dodge Street, east of Prairie du Chien Road and an application for a vacation of the public right-of-way for a portion of St. Clements Alley. (45 day limitation: December 3, 2012) F. Comprehensive Plan Item A public hearing to amend the Comprehensive Plan to adopt the Downtown and Riverfront Crossings Plan as an element of the Comprehensive Plan. G. Other H. Adjournment City of Iowa City MEMORANDUM Date: October 24, 2012 To: Planning and Zoning Commission From: Robert Miklo Re: REZ12-00024/12-00010 Cardinal Pointe South Amendment to OPD The applicant's builder has submitted the attached revised building elevations for your consideration. We have asked that the OPD plan show typical driveway configurations to assure that the code requirement for access management is being met and the front yard paving is being minimized. To date we have not received drawings of the proposed driveway configurations from the applicant. Staff anticipates that drawings will be received from the applicant prior to your meeting on Thursday. 7a�ll llj,�HI�IJIJON. 4. i _. __ VMOI �A1N39I1 H1bON 9 @ l�•�a � '�. 99YLMYgPtl E C g q g iz,� _ — OOOMN3l�J Nb`1d T100lN NIVW ����� ..�_w .. .... 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N011dO �rSU M3IAMO4V3W SNOIIVA3M 210Ia3)_X3l VMOI kA39I1 Hli lON E M3IAMOOV3W NV�d LOON NIVW a rA CITY OF IOWA CITY MEMORANDUM Date: November 9, 2012 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner Re: REZ12-00027 Jefferson Street Historic District Background: The Jefferson Street Historic District was listed in the National Register of Historic Places in September 2004. The Iowa City Historic Preservation Commission proposes to designate the National Register District as a local historic district. Historic Preservation Commission Review: The Iowa City Historic Preservation Commission met on October 11, 2012 and conducted a public hearing where they reviewed and evaluated the historic significance of the Jefferson Street Historic District. The Commission determined that the district meets the requirements for a local historic district and voted unanimously to recommend approval of the designation of the Jefferson Street Historic District as a Historic District Overlay (OHD) zone. Designation of the district as an OHD zone will require Historic Preservation Commission approval of any significant changes to the exterior of buildings within the district. Historic designation will also make the properties eligible for special exceptions (Section 14-213-8 of the zoning code) that would allow the Board of Adjustment to waive or modify certain zoning requirements to help support the continued use of historic buildings. Planning and Zoning Commission Review: Local historic districts are created by zoning overlays and therefore require a recommendation from the Planning and Zoning Commission to the City Council. The Commission's role is to review the proposed designation based on its relationship to the Comprehensive Plan and proposed public improvements and plans for renewal of the area involved. The Comprehensive Plan addresses this area in two ways. 1) The historic preservation plan calls for its preservation due to the high concentration of historic buildings — some, including several churches and the Bostick House, are amongst the most historic in the city. 2) The Central District Plan shows the area as a mixture of institutional uses including university buildings and religious institutions and a mixed use area of residential and commercial buildings. The Mixed/Use zoning that applies to much of this area was specifically developed for Jefferson Street as a way of encouraging the preservation of current buildings by allowing them to be used for either residential or light commercial uses. In addition to the Comprehensive Plan the City's Strategic Plan contains the goal of stabilizing neighborhoods surrounding the city core. These include the Northside Neighborhood which begins at Jefferson Street and the College Green Neighborhood which includes Jefferson Street east of Gilbert Street. The establishment of a local historic district would further implement the City's policies of preserving the historic building stock. November 9, 2012 Page 2 Staff Recommendation: Jefferson Street National approved. Attachments. Map Approved by: Staff recommends that REZ12-00027 an application to designate the Register Historic District as a Historic District Overlay (OHD) zone be c G1wi Jeff Davidson, Director Department of Planning and Community Development is DJEM19 15 NNn is WaJne Nvn N 3 blM-ag Vye.J une� eap ouisnoH .]'GVZ4 g eu i�Eq�ao ��` Sib waap aver �OZ4i�Y ES4 � ewuw aaec 604 �ewuoa oyo� E q � i.F:�ykaW i' E p� �E^ M N wz o � �m asnox 9ZE' m "' N �5 N sv�mi aeo AeW lS� N' N K Y � H`o � is 3nbnun0 w-. varkbmse O n E n$ry ;? O 15 N01NllJ E9 T v 6 z 0 Z Nam. O C 2 v n fA$U d U T C C v a o Y U Z To: Planning & Zoning Commission Item: REZ12-00028 221 & 225 N. Linn Street GENERAL INFORMATION: Applicant: Owners: Contact Person: Phone: STAFF REPORT Prepared by: Karen Howard Date: November 15, 2012 Northside Commons LLC P.O. Box 3474 Iowa City, IA 52244 221-225 Linn LC P.O. Box 4374 Iowa City, IA 52244 Jesse Allen (319)530-8238 Requested Action: Rezoning from RNS-12 to CB-2 Purpose: To allow development of a new mixed -use building with ground floor commercial and upper level apartments/condos Location: 221 & 225 N. Linn Street and the MidAmerican Substation on the abutting property to the south Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: 0.22 acres and .07 acres (MidAmerican substation) Two -Family & Multi -family / Neighborhood Stabilization Residential (RNS-12) Zone North: Residential, RNS-12 South: Commercial; CB-2 & CB-5 East: Commercial, CB-2 West: Residential; RNS-12 Central District Plan shows the area as urban commercial October 24, 2012 December 8, 2012 BACKGROUND INFORMATION: The proposed development will combine two properties that currently contain a duplex that fronts on North Linn Street and a four-plex located on the corner of North Linn Street and Bloomington 2 Street. The applicant is requesting to rezone the properties to Central Business Service (CB-2) and intends to take down the two existing residential buildings and construct a mixed -use building that would include storefront commercial space on the ground level that would be oriented toward Linn Street, two floors of apartments above, and a rooftop garden as an amenity for residents of the building. As proposed, parking for the development would be located within the structure. The concept is for a basement level of parking intended for the residents that would be accessed from the east -west alley via a driveway and ramp. Parking for the commercial space would be provided on the ground level floor of the building behind the commercial space via an access drive from Bloomington Street. There is a MidAmerican substation located on the west side of Linn Street adjacent to the alley. To prevent the creation of an island of RNS-12 zoning staff recommends that if this rezoning is approved, that the MidAmerican property also be rezoned to CB-2. Due to intense public interest in a previous rezoning request in 2011 and the subsequent rejection of that proposal by the City Council due to neighborhood concerns, the applicant re -worked the rezoning request so that it does not include the property at 223 E. Bloomington and have re- designed the proposed building. The applicant has chosen to follow the "Good Neighbor Policy" and has held several Good Neighbor Meetings at which the development team has presented their initial ideas and then modified their proposal based on community input. ANALYSIS: The current zoning of the property is Neighborhood Stabilization Residential (RNS-12). The purpose of the RNS-12 zone is to stabilize neighborhoods by preserving their single-family character. Provisions in the zone prevent the conversion or redevelopment of single-family uses to multi -family uses. However, existing conforming multi -family uses retain their conforming status when rezoned to RNS-12. The subject properties were rezoned from Low Density Multi -Family Residential (RM-12) to RNS-12 in 1995. These properties were converted to multiple units prior to that time. The two existing buildings contain a total of 6 dwelling units with 12 bedrooms total. Much of the backyard area has been paved over for use as parking or drives. The two buildings have also had extensive exterior remodeling that removed or covered up historic architectural details. The proposed Central Business Service (CB-2) zone is intended to allow the orderly expansion of the Central Business District, to serve as a transition between the intense land uses located in the Central Business District and adjoining areas, to enhance the pedestrian orientation of the center of the city and to provide suitable peripheral locations for auto -oriented commercial and service uses. The zone is intended to accommodate mixed land uses but at a lower intensity than the other Central Business Zones (CB-10 and CB-5). The zone allows a variety of commercial uses including retail, services, restaurants and office uses. Commercial uses are required on the ground floor and also allowed on upper floors. Residential uses are allowed on the upper floors. The size of the commercial space and the residential density possible on this constrained site willl be largely determined by how many parking spaces can be provided. The residential parking requirement is 1 parking space for each bedroom and for the commercial space, 1 parking space per 300 square feet of office or retail space. The applicant proposes to build approximately 2,400 square feet of commercial space on the ground floor and 2 floors of apartments: 8, one -bedroom units on the 2nd floor and 4, two -bedroom units on the third floor. Two levels of parking are proposed. As currently shown, there would be six or seven parking spaces located on the ground level floor of the building accessed from a garage opening on Bloomington Street and 17 parking spaces located underground with an garage opening on the west side of the building with a drive that extends to the public alley located south of the property. Staff notes that the proposed building is a concept. A detailed site plan has not yet been developed to show how access to the parking would be achieved in relation to the existing drives and parking aisles on the adjacent property at 223 Bloomington Street. There may be outstanding title issues that need to be resolved regarding the existing private gravel drive that extends from the public alley north to Bloomington Street. In addition, to ensure compliance with the City's access management standards and more importantly to prevent an unsafe situation, if the proposed building contains a garage opening along the Bloomington Street frontage, the immediately adjacent curb cut for the private gravel drive will need to be closed. In addition, the public alley located to the south of the subject properties is 20 feet wide and paved with brick. The 20-foot width is typical for a downtown -area alley. The brick surface is atypical. The brick has settled in several areas particularly in the wheel tracks, but is wide enough for two-way traffic. To accommodate the additional traffic for this building, staff recommends that the alley be reconstructed from Linn Street to the driveway for this property. Comprehensive Plan: The plan map for the Central District Plan was recently amended by the City Council to show this property as Urban Commercial. The vision and goals for the Northside Marketplace are set forth on pages 55-59 of the Central District component of the Comprehensive Plan. The Northside Marketplace is characterized by its historic mixed -use buildings and small- scale, locally -owned specialty shops and restaurants. The Plan notes that development should be sensitive to the neighborhood history and architectural significance. Participants in the Central District planning process expressed support for development of one and two -bedroom apartments that would be attractive to longer -term residents as opposed to the larger, dorm -style apartments typical in some areas near downtown. The Plan also discusses the need to provide sufficient parking to meet the demand for both commercial and residential uses in the area. In response to the goals of the Comprehensive Plan and the concerns expressed by the neighborhood regarding scale of the building and the size and configuration of the residential units, the applicant has submitted preliminary plans for a proposed building containing commercial space that is suitable for a small retail or office use. The ground floor commercial space is designed as a traditional storefront similar to other storefronts in the area. The upper floors contain 8, 1-bedroom apartments and 4, 2-bedroom apartments with the added amenity of a rooftop garden to be used as shared outdoor space for the residents of the building. The buildings in the Northside Marketplace range from two to four -stories in height. Concerns were expressed during the previous rezoning hearings that because these properties are located on the north edge of the Northside Marketplace adjacent to the residential neighborhood that any commercial building built here should be sensitive to the lower scale of the residential neighborhood. In response to these concerns the third floor is proposed to be more transparent with extensive window systems that reduce the apparent height of the building. This mix of apartment sizes with the added amenity of the shared rooftop open space, dedicated off-street parking, and proximity to downtown and the University will likely be attractive to longer -term renters and owners. For all these reasons, staff finds that the rezoning is consistent with the Comprehensive Plan provided that certain conditions are met regarding size of the dwelling units, height and design of the building, design of the storefront and streetscaping, and resolution of parking and vehicular access. Conclusion: In staff's opinion extending the CB-2 zoning to the west side of Linn Street would be consistent with the intent of the goals and objectives for the Northside Marketplace, provided that the building is constructed in a manner that is consistent with the building and site plans that were submitted with the application. Zoning both sides of Linn Street to CB-2 would be consistent with the zoning policy of changing zoning at the rear and side lot lines rather than along street frontages. Commercial uses along Linn Street would help link the commercial uses along Bloomington Street, such as Pagliai's Pizza, to the commercial uses located south along Linn Street. 0 The applicant has submitted fairly detailed, but conceptual building and site plans showing how they intend to develop the property if it is rezoned. The concept is consistent with what staff would recommend for a conditional zoning agreement. In particular, the building should contain no more than 16 residential units, configured as a mix of one and two -bedroom units. The commercial storefront should be designed as illustrated on the elevations submitted with the application, with traditional storefront windows and prominent and accessible entrances with functional canopies. Since the rezoning of the property would change the frontage from a residential frontage to a commercial frontage, staff recommends that the applicant be required to design and install a commercial sidewalk that extends to the front building wall, street trees, street furniture, and bike parking facilities that are consistent with the recently installed streetscape in the Northside Marketplace. As mentioned above, staff also recommends that the applicant be required to improve the alley from Linn Street to the driveway access for the building. Staff also recommends that if a garage opening is proposed along the Bloomington Street frontage that the existing curb cut for the private gravel drive be closed and the curb and parkway rebuilt and planted. Staff also notes that rezoning the property to CB-2 is not a guarantee that the proposed building can be built. The building and the proposed structured parking will have to meet all the underlying zoning, building, and access standards and any outstanding title issues regarding the private gravel drive will need to be resolved to make the structured parking possible as proposed. STAFF RECOMMENDATION: Staff recommends that REZ12-00028, an application to rezone 0.22 acres of land located at 221 and 225 N. Linn Street and approximately 3200 square feet of property located on the west side of Linn Street (MidAmerican substation) from RNS-12 to CB-2, be approved subject to the following conditions: 1. No more than two bedrooms are allowed per dwelling unit; 2. The final design of the building shall be reviewed and approved by the Design Review Committee; 3. The commercial storefront shall be designed in a manner that is consistent with the submitted elevation drawing; 4. If a third floor is built that it be designed in a manner consistent with the submitted elevation drawing; 5. If a garage opening along Bloomington Street is requested, the adjacent curb cut for the private gravel drive shall be closed and the curb restored and parkway planted; 6. The streetscape along Linn Street shall be installed in a manner consistent with the recently installed commercial streetscape in the Northside Marketplace. Said streetscape plan shall be reviewed and approved by the Design Review Committee, and 7. The public alley from Linn Street to the driveway access for the building shall be improved according to the standards specified by the City Engineer. ATTACHMENTS: 1. Location Map 2. Rezoning Exhibit 3. Draft building and site plans 4. Draft building elevations ;t Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development Lr, + -' LU '1S NNII E BLOQMINGTON,,ST. ASPHALT �vIi rajmg d� PPP II 4 1 i I eDNCREIE - -- VID-AM ENE[ i i� . -4 �r hl M. ;� N J) Z d Ir O O J LL J W LU J Ir LU 0 W G. r z rr 0 0 J LL J W LLI J Z N z IL Ir 0 0 J LL J W W J Cl)Ir Z Q F U CQ uW G � z - � V w z 2 FIR ]2 . ± a�al . Il:t�ri�A\./1 �-\/ ~ . ul�lll w \ i z � � Heritage Property Management November 9, 2012 City of Iowa City Planning & Zoning Iowa City, IA Re: 221 -225 N. Linn St. —Northside Commons Dear Planning and Zoning, 220 East Market St Iowa City, Iowa 52245 319.351-8404/phone 319.351-1928/fax hpmanagement@gwestoffice.net 221 — 225 Linn Street is a property behind our office. I have had a chance to review the plans for Northside Commons. This is to let you know that I approve and think it will fit into our neighborhood. Thank you for your consideration, Anne Vespa, Owner of 220 E. Market Street To: Planning and Zoning Commission Item: REZ12-00026, CPA12-00005 VAC12-00004 and SUB12-00012 GENERAL INFORMATION: Applicant: Contact Person: STAFF REPORT Prepared by: Robert Miklo Date: November 15, 2012 Hy-Vee Stores, Inc, 5820 Westown Parkway West Des Moines, Iowa 50266 John Brehm 515-453-2795 jbrehm@hy-vee.com Requested Action: Amendment of the Comprehensive Plan, North District Plan, rezoning from RS-8. CH-1 and P-1 to 0PD/CC-2 (a planned development overlay is required due to the disturbance of more than 35% of the critical slopes located on the property), vacation of street right-of-way and preliminary plat Purpose: Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Redevelopment of former dairy for a grocery store and convenience store with gas pumps 1109 and 1123 Dodge Street 8.21 acres Dairy distribution facility, vacant and City radio tower, CH-1, RS-8 and P1 North: Residential - RS-8 South: Residential and commercial - CC-2 East: Commercial (current Hy-Vee) - CN-1 West: Residential - RS-8 North District Plan: "Main Street' style retail compatible with adjacent residential November 8, 2012 December 23, 2012 The applicant, Hy-Vee Stores, has proposed rezoning an 8.21-acre area, located on the north side of North Dodge Street between Prairie Du Chien Road and North Dubuque Road, from Medium -Density Single -Family Residential (RS-8), Neighborhood Public (P-1), and Highway 2 Commercial (CH-1) to Planned Development Overlay/Community Commercial (OPD/CC-2); vacation of the St. Clements Street right-of-way and approval of a preliminary plat of Roberts Dairy Addition. The purpose of these applications is to allow the Roberts Dairy property and adjacent properties including public alley right-of-way to be redeveloped for a grocery store and convenience store including a gas station. The applicant has also proposed an amendment to the Comprehensive Plan, which contains text indicating the redevelopment of the dairy property should be in a "Main Street" style compatible with the adjacent residential neighborhood. It is staff's goal to work with the applicant to develop a concept plan to allow redevelopment of the property with a design that would be compatible with the adjacent residential neighborhood so that a Comprehensive Plan amendment is not necessary. IE:_ IP Current and proposed zoning: The current P-1 zoning provides reference to public ownership of approximately .51-acre tract of land that contains a radio transmission tower used for radio communications for transit and inspection operations. The property contained a water tank that is no longer necessary. It currently contains a measuring device for the City's water system (the North Distribution Pressure Sensor) that is still in use. Hy-Vee proposes to purchase most of the property from the City with possibility of the City retaining approximately 5,000 square feet for the tower. Ideally both the radio tower and water pressure sensor would be relocated. The City is currently studying the feasibility of moving the tower to Fire Station 4 with the understanding that Hv-Vee would pay the expense. If an agreement is reached on relocating the tower, the entire City owned property could be purchased by Hy-Vee and incorporated into the development site. In staff's opinion this would result in a better parking lot configuration. If agreement is not reached on the relocation of the tower the area retained by the City should retain the P-1 zoning designation. A 1.81 acre tract of RS-8 zoned property located to the north side of the dairy is vacant. Previous requests to rezone that property to allow expansion of the dairy were not approved based on the goal of maintaining a buffer between the dairy and the adjacent neighborhood. There is currently a row of evergreen trees and other mature trees that were established to screen the dairy from the homes to the north. As discussed below, staff would recommend that as many of these trees as possible be preserved. The current CH-1 zoning recognizes the location of the dairy, which has been in place since at least the 1930s. Roberts Dairy recently ceased production activity at this location and it is now used only for distribution. The proposed CC-2 zoning is retail -oriented and allows most retail -type stores, restaurants and services such as hair salons, dry cleaners and banks. The CC-2 zone allows auto oriented uses such as drive through restaurants by special exception. The applicant has submitted applications to the Board of Adjustment for a drive -through pharmacy within the proposed grocery store building and a drive -through coffee shop within the proposed convenience store. Comprehensive Plan: The North District Plan future land -use map shows this area as appropriate for retail/community commercial use. However, the Plan qualifies the land use map with text indicating the redevelopment of the dairy property should be in a "Main Street" style that is compatible with the adjacent residential neighborhood. The North District Planning Principles emphasize commercial site design that is sensitive to adjacent residential areas. The Comprehensive Plan describes a "Main Street" commercial center as having buildings that are close to the street with parking lots to the rear or sides; the use of street trees and pedestrian level lighting and street furniture such as benches, to improve the pedestrian environment, public or semi-public spaces such as plazas and squares. The applicant's concept plan does place the proposed grocery store near Dodge Street. If the Dodge Street side of the store is activated by display windows and uses such as the cafeteria (similar to the First Avenue Hy-Vee), it would help achieve the commercial design goals of the Comprehensive Plan, The Commercial Site Development Standards for large retail uses (over 50,000 square feet) also require that street facing facades contain display windows. As noted the applicant has also proposed an amendment to the Comprehensive Plan. Staff believes it is possible to develop a plan to allow redevelopment of the property with a design that would be compatible with the adjacent residential neighborhood so that a Comprehensive Plan amendment is not necessary. As noted below staff recommends that this rezoning be subject to a Conditional Zoning Agreement to assure compliance with the Comprehensive Plan policies. Compatibility with neighborhood: A single-family residential neighborhood is located west of Prairie Du Chien Road and north of the dairy property. A significant historic dwelling is located southwest of the subject property at the northwest corner of Dodge Street and Prairie Du Chien Road. The applicant's initial concept plan showed a convenience store with gas sales and a drive -through window on the east side of Prairie Du Chien Road with driveway access to Prairie Du Chien Road. Staff was concerned that this configuration would not be compatible with the adjacent neighborhood and recommended a design that would include a significant landscaped buffer between the residential neighborhood and the proposed convenience store. In similar situations Conditional Zoning Agreements required a decorative masonry wall and a 35 foot wide landscape buffer between residential uses and commercial development. Such a buffer along the east side of Prairie Du Chien Road would block lights and noise and visually screen the residential properties from the commercial activities. A buffer should also be provided on the north side of the proposed parking lot. In response to staff's concerns the applicant has submitted a revised concept plan that re -orient the proposed convenience store toward the interior of the commercial development and Dodge Street with the gas pumps and canopy located on the parking lot side rather than across from the homes on Prairie Du Chien Road. The revised plan also eliminated a driveway from the convenience store onto Prairie Du Chien Road. This new design will help minimize negative effects on the residential neighborhood. However, the revised concept plan reduced the width of the buffer yard from the residential zone from approximately 55 feet to as low as 15 feet (for the drive -through lane). Similar to other situations where Conditional Zoning Agreements provided a buffer yard between commercial development and existing residential neighborhoods, Staff recommends that a minimum 35 feet buffer yard and a decorative masonry fence and landscaping be required on the Praire Du Chien side of the proposed convenience store. The design of the convenience store and limited signs on the Prairie Du Chien Road side of the building could also help make it compatible with the neighborhood and would be consistent with zoning agreements that apply in similar situations. Staff recommends that the final building designs be approved by the Design Review Committee at time of site plan approval. Sensitive Areas: The northwest corner of the property contains steep and critical slopes. The applicant is proposing to establish a stormwater detention basin in this area and is proposing to re -grade up to 64% of the area containing critical slopes. The zoning code requires a Level II Sensitive Areas Review which is a type of Planned Development Overlay when more than 35% of the critical slopes on a property are proposed be re -graded. The critical slopes are located in a low part of the property that is necessary for stormwater management. As noted below the preliminary plat showing the grading was received late and therefore staff has not had time to completely review the proposed grading and stormwater management plan. 0 Preliminary Plat: The applicant is requesting approval of the preliminary plat to consolidate several lots and vacated right-of-way into two lots — lot 1 will for the grocery store and lot 2 for the convenience store. As part of the subdivision review stormwater management will need to be addressed. The applicant submitted a revised plat on November 8 which is currently being reviewed by the City Engineer. We anticipate that staff will have completed review of the plat and grading plan and will have comments available before the November 15 Planning and Zoning meeting. Right -Of -Way Vacation: St. Clements Streets bisects the dairy property. It provides access to nine residential properties located to the north of the dairy. There currently are no curbs or markings to distinguish the street from the dairy truck staging area. The street is essentially part of the dairy parking lot but also serves residential traffic. The applicant proposes that the City vacate approximately the southern half of the right-of-way and that an alternative access be provided to the nine residential properties via a newly dedicated St. Clements Street to be located within the vacant RS-8 property to the north of the dairy. In staff's view the relocated street would provide a better defined and safer access to the residential properties. It would also provide access to the grocery store property for residents of the Shimek Neighborhood located to the north and west. Hy-Vee will need to purchase the vacated right-of-way and the water tank site to add to their property. The dedication of the new right-of-way for St. Clements Street can be considered as partial compensation for the City property. Summary: In staff's view it would be possible to design a development with a grocery store and convenience store in this location and comply with the policies of the Comprehensive Plan regarding compatibility with the adjacent residential neighborhood and the goals for commercial design. A Conditional Zoning Agreement is recommended to help assure an appropriate transition or buffer between the proposed development and the neighborhood to the north and west. Vacation of the street right-of-way and approval of a plat to consolidate several properties into one development tract will allow the area to redevelop. An alternative street access to St. Clements Street will be provided. Accommodation or relocation of the City's radio tower and water pressure sensor will need to be addressed. As noted revised plans and plats were submitted on November 8 and are currently being reviewed by City Departments. Additional correction or requirements may be identified. Staff recommends the following conditions be included in a Conditional Zoning Agreement: 1) A buffer area of no less than 35 feet shall be established along the western property line of the parcel rezoned to CC-2. This buffer must be screened to the S3 standard and include both a masonry wall of a minimum five (5) feet in height located within the eastern fifteen (15) feet of the buffer area with a dense planting of deciduous and coniferous understory and over story to the west of the wall. 2) No signs shall be permitted within the 35 foot buffer or on the south and west sides of the convenience store facing the residential development. There will be no more then two (2) free standing signs permitted along the Dodge Street frontage. Other fascia and monument signs are permitted as per the code. 3) Any building or structure including canopies should be of a quality design appropriate for property abutting a residential neighborhood, including features such as stone and masonry materials, standing seam metal roofs, and muted colors. The Design Review Committee shall approve the design of buildings as well as associated structures and facilities. 4) Preservation of existing evergreen screening and mature trees along northwest side of the property where possible. 5) Construction of a bus pull off within the Dodge Street right-of-way. STAFF RECOMMENDATION: Staff recommends that REZ12-00026 be approved subject to a Conditional Zoning Agreement that provides for an appropriate transition and buffer between the proposed development and the neighborhood to the north and west as detailed above. Staff recommends approval of SUB12-00012 a Not 8.21-acre commercial subdivision subject to correction of items identified by the City Engineer. Staff recommends approval of VA012-00004, the vacation of a portion of St. Clements Street subject to relocation of utilities or the retention of necessary easements and dedication of an alternative street right-of-way. ATTACHMENTS: 1, Location Map 2. Concept Plan 3, Preliminary Plat Approved by: Jeff Davidson, Director Department of Planning and Community Development ppd.d.i.% Ifr. pOW.plat. d. 0 , Ir Ox --P-RAIFZIE'-.D-U::C HIE WROAD