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HomeMy WebLinkAbout06-6-2013 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION Thursday, June 6, 2013 - 7:00 PM Formal Meeting Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street AGENDA: A. Call to Order B. Roll Call C. Public Discussion of Any Item Not on the Agenda D. Comprehensive Plan / Rezoning Items: 1. A public hearing of an application submitted by John Hieronymus to amend the Comprehensive Plan - Southeast District Plan to change the land use designation from multi -family to commercial for property located at the northwest corner of the intersection of Muscatine Avenue and Scott Boulevard- 2- Discussion of an application submitted by John Hieronymus for a rezoning of a total of 5.95-acres of land located north of Muscatine Avenue, west of Scott Boulevard, 2.23-acres from Low Density Single -Family (RS-5) zone to Low Density Multi -Family (RM-12) zone, 0.85-acres from Low Density Single -Family (RS-5) zone to Community Commercial (CC-2) zone and 2.87-acres from to Low Density Multi -Family (RM-12) zone to Community Commercial (CC-2) zone. (CPA13-00002/ REZ13- 00012) E. Rezoning Item: 1. Discussion of an application submitted by Jeff Miller Construction for a rezoning of 1.05-acres of land located on First Avenue, north of Rochester Avenue from Low Density Multi -Family (RM-12) zone to Planned Development Overlay/Low Density Multi -Family (OPD/RM-12) zone. (REZ13-00004) 2. Discussion of an application submitted by Chezik-Bell Properties for a rezoning of 2.30-acres of land located southeast of the intersection of Highway 1 and Sunset Street in the Intensive Commercial (CI-1) zone to amend the Conditional Zoning Agreement regarding setback and landscaping adjacent to Highway 1. (REZ13-00014) F. Zoning Code Amendment Items: Discussion of amendments to Title 14: Zoning Code to allow Schools of Generalized Instruction by special exception in the Community Commercial (CC-2) Zone. 2. Discussion of amendments to Title 14: Zoning Code to modify the regulations regarding the spacing of drinking establishments so that the 500-foot spacing rule would only apply to the University Impact Area and the Riverfront Crossings District. G. Consideration of Meeting Minutes: May 16, 2013 H. Other I. Adjournment Upcoming Planning & Zoning Commission Meetings Formal: June 201 July 181 August 1 Informal: Scheduled as needed. City of Iowa City MEMORANDUM Date: June 6. 2013 To: Planning and Zoning Commission From: Andrew Bassman, Planning Intern RE: Change to REZ13-00012 Muscatine and Scott Boulevard application The applicant, John Hieronymus, has requested a change to REZ13-00012, a proposal to rezone approximately 3.72 acres of property located at the northwest corner of the Scott Boulevard -Muscatine Avenue intersection from Low -Density Multi -Family residential (RM-12) and Low -Density Single -Family residential (RS-5) to Neighborhood Commercial (CN-1), and rezone approximately 2.23 acres located immediately to the north on Terrence Lane from RS-5 to RM-12. The applicant now proposes rezoning the 3.72-acre property from RM-12 and RS-5 to Community Commercial (CC-2) zoning. The intended use for the property would still be a gas station/convenience store. A gas station/convenience store requires a Special Exception in the CN-1 zone but is an allowed use in the CC-2 zone. The application also includes a request for an amendment to the Comprehensive Plan future land -use map for the property at the northwest corner of the Muscatine Avenue -Scott Boulevard intersection from Multi -family to Commercial. The intent of the CN-1 and CC-2 zone differs in the scale and intensity of activity. CC-2 zoning provides for major business districts that serve a significant segment of the entire population, whereas the CN-1 zone is intended to serve the immediate neighborhood. CC-2 zoning typically features a number of large traffic -generating uses that require access from major thoroughfares, while development in CN-1 zoning should be more pedestrian -oriented. CC-2 zoning permits most retail -type stores, restaurants and services such as hair salons, dry cleaners and banks. CN-1 zoning allows smaller -scale retail sales and personal service uses, with the size of allowed uses restricted to reduce the impact on nearby residential areas. The proposed change to the application from CN-1 to CC-2 does not address the issues raised in the May 16 Staff Report (copy attached): • The gas station/convenience store, as proposed, is of an intensity, scale and design more appropriate for a highway location. • Predominantly residential zoning and development surrounds the subject property. Although the applicant's family currently owns the residential property to the west, Comprehensive Plan and zoning decisions should May 30, 2013 Page 2 consider the long term quality of life for the residential neighborhood, not the current ownership. The effects of lighting and signs are of significant concern given the high visibility of the property at the topographic peak of Scott Boulevard and Muscatine Avenue, which will make it difficult to screen lighting and signs associated with a convenience store. The traffic into and out the subject property will increase considerably when compared to the residential development previously approved on this property. In summary, the proposed CC-2 zone allows more intense commercial uses and has fewer standards and requirements regarding site design and signs than the previously proposed CN-1 zoning. In staff's opinion the applicant has not presented a compelling reason to change the Comprehensive Plan to change the land use designation of this property from Multi -family Residential to Commercial. The proposed commercial development is likely to have negative effects on the existing and future residential uses in this area. Staff recommends that the request to amend the Southeast District Plan future land - use map from Multi -family to Neighborhood Commercial and rezoning from RM-12 and RS-5 to CC-2 for approximately 3.72 acres of property located at the northwest corner of the intersection of Scott Boulevard and Muscatine Avenue be denied. ATTACHMENTS: 1. Location map 2. Revised concept plan 3. Previous staff report 4. Correspondence Approved by: /yZ Robert Miklo, Senior Planner, Department of Planning and Community Development N O � O � O M °> - -�., aYJ 153Zg83AlIS G cm r� �16 N PSCn IWCL .� i, A J �i1■r -� a Q419 110O5 - - r N Cq 14 LO ra l�C•�11�' � � � O LO v a a co Q '01�cT Ito qj — in U) O OOOM3ldVY1 Z Ni O 6 by 1— d k00 1pprr,, w / lD \ J p w p �yd� ui ��� �' N �L \2 (0) Colnm F:>\\i To: Planning & Zoning Commission Item: REZ13-00012 and CPA13-00002 GENERAL INFORMATION: STAFF REPORT Prepared by: Sarah Walz and Andrew Bassman, Planning Intern Date: May 16 2013 Applicant: John Hieronymus 3322 Muscatine Avenue Iowa City, Iowa 52240 j.hieronymus@mchsi.com Requested Action: Comprehensive Plan amendment to change the future land -use designation from Multi -family to Commercial for approx. 3.72 acres at the northwest corner of Muscatine Avenue and Scott Boulevard, and rezone the site from RM-12 and RS-5 to CN-1; and rezone approx. 2.23 acres adjacent to the north from RS-5 to RM-12 Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Development of a gas station/convenience store and three 4-plex buildings multi -family buildings Northwest corner of the intersection of Muscatine Avenue and Scott Boulevard 5.95 acres Undeveloped (RS-5, RM-12) North: public (P-1) South: residential (RS-5) East: residential (RS-5 pending rezoning to RM-12) West: residential (RS-5) Southeast District Plan: Multi -family and low -to - medium density single-family or duplex April 11, 2013 May 26, 2013 The applicant, John Hieronymus, has requested a Comprehensive Plan amendment to change the Southeast District Plan future land -use map from Multi -family to Commercial for the northwest corner of Scott Boulevard and Muscatine Avenue. The applicant has also requested a rezoning from Low -Density Multi -Family residential (RM-12) and Low -Density Single -Family residential (RS- 5) to Neighborhood Commercial (CN-1) for approximately 3.72 acres of property located at the northwest corner of the intersection of Scott Boulevard and Muscatine Avenue and a rezoning 2 from RS-5 to RM-12 of approximately 2.23 acres of property located immediately to the north on Terrence Lane. The applicant has indicated that the purpose of the amendments is to allow the construction of a gas/station convenience store at the Muscatine Avenue -Scott Boulevard intersection and three 4-plex buildings on the property immediately to the north. In addition to a Comprehensive Plan amendment and rezoning, the gas station will require approval of a Special Exception by the Board of Adjustment. The property located at the Muscatine Avenue -Scott Boulevard intersection was rezoned from RS-5 to RM-12 in January 2011. The rezoning was subject to a Conditional Zoning Agreement, which specified that the applicant would install a sidewalk on the north side of Muscatine Avenue from Juniper Drive to Scott Boulevard, and that the applicant would build multi -family units (up to 23 townhouse style units) on the property as proposed on the submitted site plan —any substantial changes would require approval by the Staff Design Review Committee. A final plat for Terra Verde subdivision was approved for the subject property and property to the west in April 2011. The approved plat includes 3 multi -family lots (in the same vicinity of the proposed commercial zone) and 19 single-family lots as shown on the attached plat. If the current rezoning request is approved, then the property is likely to be replatted to show the change. The applicant has submitted the attached concept plan showing how that might occur. The applicant has indicated that they intend to use the "Good Neighbor Policy" and have conducted a neighborhood meeting. UK yE Current and Proposed Zoning: RS-5 zoning primarily provides housing opportunities for individual households. RS-5 zoning can feature some non-residential uses that contribute to the livability of residential neighborhoods, such as parks, schools, religious institutions and daycare facilities. RM-12 zoning provides for high -density, single-family housing and low -density multi- family housing, with the goal of creating diverse housing options. In the RM-12 zoning, the variety of housing types requires careful attention to site and building design to ensure compatibility with surrounding housing. No commercial uses are allowed in the RS-5 or RM-12 zone. The purpose of the Neighborhood Commercial (CN-1) zone is "to promote a unified grouping of small-scale retail sales and personal service uses in a neighborhood shopping area; encourage neighborhood shopping areas that are conveniently located and that primarily serve nearby residential neighborhoods; promote pedestrian -oriented development at an intensity level that is compatible with the surrounding residential areas; and promote principles of site design, building articulation, scale and proportion that are typical of traditional main street design. Allowed uses are restricted in size to promote smaller, neighborhood serving businesses and to limit adverse impacts on nearby residential areas." The applicant is proposing a Neighborhood Commercial (CN-1) rezoning in order to allow a gas station/convenience store. The Zoning Code categorizes these uses Quick Vehicle Servicing, which is permitted by special exception only. Sales -Oriented is considered a provisional use in the CN-1 zone and is limited to 2.400 square feet of gross floor area. The CN-1 zone restricts the size of allowed uses to limit adverse impacts on nearby residential uses. Compliance with Comprehensive Plan: The Southeast District Plan's future land -use map (2011) designates the property at the northwest corner of Muscatine Avenue and Scott Boulevard as appropriate for multi -family residential uses, similar to the three other corner properties at the Muscatine Avenue -Scott Boulevard intersection (the southwest corner is depicted as single-family residential). Commercial areas within the district are shown in Sycamore Mall and First Avenue, along Scott Boulevard and north of Highway Six and PCMStaff ReporWrez1 M0012 and cpa13-00002 staff report. doo Towncrest. A small Neighborhood Commercial area is designated for the far -east boundary of the district at the intersection of Court Street and Taft Avenue. The Comprehensive Plan calls for focusing commercial development in defined commercial centers, including small-scale neighborhood commercial centers. In addition to commercial centers shown in the Southeast District Plan, established commercial centers serving east Iowa City are located at the intersection of Court Street and Scott Boulevard (approximately''/2 mile north of the subject property) and Rochester Avenue and Scott Boulevard. The applicant has indicated that a CN-1 zone at this location would be appropriate given that it is the intersection of two arterial streets and based on the Neighborhood Design Concepts included in the Comprehensive Plan. The Neighborhood Design Concepts describe Neighborhood Commercial areas as "providing a focal point and gathering place for the neighborhood. The businesses within a neighborhood commercial center should provide shopping opportunities within convenient walking distance for residents in the immediate area. The design of the neighborhood commercial center should have a pedestrian orientation with the stores placed close to the street, but with sufficient open space to allow for outdoor cafes and patios or landscaping. Parking should be located to the rear and sides of the stores with additional parking on the street." In staff's opinion a stand -a -lone convenience store with several gas pumps is not what the Comprehensive Plan envisions for Neighborhood Commercial areas. Staff believes the neighborhoods in east Iowa City are already well -served by existing commercially zoned property and there has been no substantive change in conditions to warrant a change in the Southeast District Plan Map for a commercial zone in this area. The submitted site plan for the proposed CN-1 zone shows commercial development that is out of scale and character with the definition for Neighborhood Commercial zone and does not meet the intent of a Neighborhood Commercial Area, envisioned in the Comprehensive Plan. The proposed plan is the sort of large-scale gas station/convenience store that is characteristic along highways and within much larger commercial areas. The commercial building shown on the site plan is nearly double the size allowed as a provisional use in the code and includes none of the pedestrian -oriented or open gathering space amenities envisioned in the Comprehensive Plan. It would essentially be an intensive auto -oriented use located in residential neighborhood. The Neighborhood Design Concepts of the Comprehensive Plan (Pages 21-25) indicate that intersections of collector and arterial streets are appropriate for multi -family zoning and that these buildings should be of a similar height and appearance to the surrounding single-family homes. In general, multi -family zoning is encouraged by the Comprehensive Plan where it has access to arterial streets and city services such as transit and parks. The Southeast District Plan future land -use map shows the 2.23-acre property to the north as suitable for low- to medium -density single-family or duplex development. The Southeast District Plan and Comprehensive Plan include the goal of creating a variety of housing options. For these reasons, staff believes the proposal to rezone this property to RM-12 for development of townhouses would be compatible with the Comprehensive Plan. Compatibility with neighborhood: Low -density single-family residential zoning exists to the south, east and north of the site of the proposed gas station (City Council is now considering a rezoning request for the property at the northeast corner of Scott Boulevard and American Legion Road to RM-12). At the time of the 2011 rezoning, staff found the plans for multi -family housing at the site of the proposed gas station to be compatible with the nearby area. For the current application, staff believes the request to rezone the 2.23-acre property to the north to RM-12 may also be appropriate depending on the outcome of the proposed commercial zoning PCD Staff Report5lrezt3-00012 and coal3-00002 stall repert doc 0 and the redesign of the previously approved Terra Verde Subdivision. The applicant has submitted a concept plan for the townhouse -style multi -family development, which staff believes to be compatible with the future single-family uses planned to the west. However the proposed multi -family development will need to be considered in the context of what will be developed on the south side of the proposed Silver Lane. If the commercial zoning is approved there will need to be some sort of screening provided to buffer the residential from the commercial directly the south. If the area to the south is developed with multi -family buildings, according to the current zoning, then site layout of the two multi -family areas will need to be coordinated. Staff believes that the proposed rezoning to CN-1 is incompatible with the residential neighborhood for the following reasons: The establishment of a use as intensive as the proposed gas station/convenience store in such close proximity to residential uses would generate additional noise, traffic and light that would, in Staff's view, adversely impact nearby residential property. This is of significant concern given the high visibility of the property at the topographic peak of Scott Boulevard and Muscatine Boulevard. The grade of the property will make it difficult to screen lighting and signs typically associated with convenience stores. • As stated above, the Neighborhood Design Concepts in the Comprehensive Plan describe Neighborhood Commercial areas as "providing a focal point and gathering place for the neighborhood." The applicant has proposed a gas station/convenience store of an intensity, scale, and design that is more typical in the Highway Commercial zone. In staff's opinion it would not be in keeping with the described character or scale of the CN-1 zone or the Neighborhood Design Concepts in the Comprehensive Plan. Traffic implications: The proposed commercial zone is at the intersection of two arterial streets that carry approximately 6,000 to 8,100 vehicles per day. The proposed convenience store is not likely to create a significant contribution to traffic on Muscatine Avenue and Scott Boulevard, but the number of turning movements into and out the subject property will increase considerably when compared to the previously approved residential development on this property. As proposed the convenience store driveway to Muscatine Avenue is too close to the intersection with Scott Boulevard. If this proposal is approved the driveway would need to be moved to the west where turning traffic would affect more residential properties. The Southeast District Plan shows the route for Terrence Lane within the Terra Verde subdivision as a loop street from Muscatine Avenue along the west side of the site of the proposed gas station, serving future residential development to the north of the site of the proposed gas station, and reconnecting to Muscatine Avenue to the west. Instead of accessing the subdivision from Muscatine Avenue via Terrence Lane, as was originally approved with the Terra Verde subdivision, the applicant has proposed moving the access point to Scott Boulevard via a proposed street, Silver Lane. Staff found, after consultation with Transportation Planners, that street access from Scott Boulevard would meet sight distance requirements and thus be acceptable. The proposed Silver Lane would end in a cul-de-sac, which is discouraged by subdivision regulations unless unusual features preventing extension of the street to the property line or connection to other streets within the subdivision can be clearly demonstrated. The plan submitted by the applicant indicates that single-family residential lots would be arrayed around the cul-de-sac. This layout would impede the future connection of Silver Lane to Muscatine Avenue to the south. If the concept for the subdivision with access to Scott Boulevard proceeds, staff recommends changing the layout in this portion of the subdivision and building Silver Lane in a way that would allow the right-of-way to extend south from the cul-de-sac bulb to Muscatine PCMtdf Repotlskez13-00012 entl cpa13-00002 staff .pa t.d.c 5 Avenue as is provided on the existing approved Terra Verde plat STAFF RECOMMENDATION Staff recommends the request to amend the Southeast District Plan future land -use map from Multi -family to Neighborhood Commercial and rezoning from RM-12 and RS-5 to CN-1 for approximately 3.72 acres of property located at the northwest corner of the intersection of Scott Boulevard and Muscatine Avenue be denied. Staff recommends deferral of the proposal to rezoning of approximately 2.23 acres of property from RS-5 to RM-12, until a concept plan is submitted showing how it would coordinate with the existing multi -family site plan for Terra Verde subdivision. ATTACHMENTS: 1. Location Map 2. Previously approved final plat for Terra Verde 3. Concept plan showing how property might be replatted to allow convenience store 4. Photographs and drawings of proposed development 5. Applicant's Narrative for Comprehensive Plan Amendment 6. Correspondence Approved by: c.CeL%�7 Robert Miklo, Senior Planner, Department of Planning and Community Development PUMSIaff RnportsVrez13 00012 and opal3-00002 staff repoO doo NII Olt70 i I i M 000MIT _ r N O z O O O J _ C 1 z � m ri Q � w a d U .-I o Q ~ � w` M W Q_ F `1 �(n W U W d — 'FILED E �L I MAR�' S.4 ilk=2 z @;�3 3tl� F cwk� 4 a NM CK�j $u off; Z aha�e $ s P r, nps Ee r III 0� aae,ag e. ma z U W u- Z� 5 P �•" w I III � a p W €59 TIP F N W Lu / = Z N >U 8 Y LL 7 W 000 6 Y m d n TERRENCE LANE f:� a" ` b5 rani WNinf vu;» W Z.. n "sV nee i IZ'AY'•`.�" let Oa Icy Fl wlsl Q�Y ,bla l_,s E y 644§{, �q \Xo .y -ai�sw , ZD �I I a I '3 A m NA sl"IIL k qIN Or �a4 / � u6 — v. s � J - - 4! HL3 I &YS 0^i..' ma I A'^ix I r5tr 1 2ei 1 0, 1 m, � `3 524 �' vwr s,rsn�.wtn i�n vaunumnauna , »wmxm+v..�+saumwwus a.v n =nau aeu�.r uxm �r.,w au n remix ,. cr ria n I LeIPH UnO3W ��[!���'+([�©`e]j f7�61L��Cd1 11oa IUna' __..J r x / _ _ \ AIL � co \\ za, o: <C § \� z� Narrative for Comprehensive Plan Amendment In connection with their rezoning request, the applicants also request that the Comprehensive Plan be amended to reflect a Neighborhood Commercial zoning designation for the 2.79 acre convenience store site. The subject property is located in the center of the Southeast District at the intersection of Iwo arterial streets, Muscatine/American Legion Road and Scott Boulevard. Appropriate land uses at the intersection of arterial streets includes a good mix of higher density residential and neighborhood commercial. The establishment of smaller neighborhood commercial uses (convenience store) at the intersection of arterial streets is encouraged as part of the Comprehensive Plan's Neighborhood Design Concepts. A small neighborhood commercial site will provide shopping opportunities within convenient walking distance for the residents in the immediate area. Lighting and signage associated with the convenience store will be located, screened or buffered so it will not detract from nearby residential uses. The proposed rezoning of 2.79 acres to Neighborhood Commercial is a relatively small modification to the Comprehensive Plan, but is consistent with the land uses found at other arterial street intersections within the Southeast District, the Court Street/Scott Boulevard intersection and the Court Street/Taft Avenue intersection. This intersection includes a nice mix of low density single family (SW Corner) and planned nnedium density residential (SE Comer). fhe property immediately east of the subject property (NE Conner) is currently being rezoned to mediurn density residential (RM-12). The Eastside Growth Area to the south and to the east of the subject property will bring more residential development to the area. The resulting mixed use development on the NW Coiner of the intersection will include low to medium density, single family residential development, low density multi -family units and a small neighborhood commercial area (convenience store) consistent with the Southeast District Plan. t 01391488.DOCXI 1164 Hampton Court Iowa City, Iowa 52240 May 8, 2013 Planning and Zoning Commission 410 East Washington Iowa City, Iowa 52240 RE: Muscatine Ave., west of Scott Blvd (CPA13-00012/REZ13-00012) Dear Commission members: I am writing to express my opposition to the construction of a convenience store across the street from my backyard. When my husband and I built our home at 1164 Hampton court we believed that we were building in a residential neighborhood. We believed it was a safe neighborhood where our daughters could walk to school. We believed it was a neighborhood where it would be quiet at night. We believed that our community of neighbors also valued the safety and quiet of this peaceful residential. neighborhood. For more than twenty years our neighborhood has been all that we believed it would be when we built our home here. The construction of a convenience store/gas station across the street from our backyard will change everything. Increased traffic and additional light will replace our quiet, peaceful nights. Late -night business and customers passing through or hanging out will certainly replace our sense of safety. I do not wish to see this residential neighborhood rezoned for commercial use. Sincerely, Eileen M. Kjonaas 1164 Hampton Ct. Iowa City IA 52240 8 May 2013 Planning and Zoning Commission 410 East Washington Street Iowa City IA 52240 RE: Muscatine Avenue, west of Scott Boulevard (CPA13-00012/REZ13-00012) Dear Commission members: I am writing this letter to express my opposition to this rezoning request My wife, Eileen, and I have lived in Iowa City for forty years. I practiced optometry in the Towncrest medical center for nearly 35 years until my retirement at the end of 2007. We carefully chose the site for our current home across from the proposed rezoning. Our goal was to live within the community where I worked so that I could walk to work, our children could walk to and attend Robert Lucas Elementary school and Southeast Junior High. In short, when many of my colleagues chose to live out of the city limits, commute to work and drive their children to school, we chose to be a part of the community where worked. The location we chose on Hampton Court was completely surrounded by residential zoning. The parcel to the north of our home was rezoned in 2011 to RM-12. Although not ideal, this seemed to be a reasonable compromise enabling the property owner to better utilize this property. Now, a new request seems to be using the 2011 rezoning as a stepping stone to acquire commercial zoning with plans of building a convenience store in that location. I feel that such a change will decrease our property value. Just as importantly, it will add undesirable increases in lighting, noise, and congestion to this area which will affect our quiet enjoyment of our home and property. This area of Iowa City has significantly changed over the past forty years. The Towncrest area is now in the process of revitalization with two recently renovated convenience stores. There is a commercial zone nearby at Court Street and Scott Boulevard with a convenience store and another retail area with a convenience store near the intersection of Highway 6 and Scott Boulevard. A commercial zone in this proposed area could compete with the redevelopment of the Towncrest area, whereas low density multi- family, especially if designed for age 55 plus residents, could dovetail nicely with the surrounding medical, shopping, and senior living facilities available in the area. It is my hope that you will decide against approval of this rezoning request and urge the developer to move forward with plans to develop this property with the zoning changes approved in 2011. Thank you. Sincerely, M de K. Klonaa. O.D. DAVID C. & JOYCE A.STOCHL 1158 HAMPTON CT. IOWA CITY, IA 52240 319-330-4453 david.stochl@gmail.com May 9, 2013 Planning and Zoning Commission 410 East Washington Street Iowa city, IA 52240 RE: Muscatine Ave., West of Scott Boulevard rezoning request (CPA 13-00012/REZ13-00012) Dear Commission Members: The purpose of this letter is to voice our opposition to the rezoning request CPA 13-00012/REZ13-00012. My wife and I live directly across Muscatine Ave. from the proposed rezoning site. We purchased our lot and built our house in 1991 in an area that was zoned residential. Our house faces south and the majority of our living space, including, the bedrooms, family room, kitchen, dining room, 3 seasons porch and outside patio face north. We believe that rezoning the land on the north side of Muscatine Ave. to a commercial status and building a convenience store/gas station whose size will encompass 3.72 acres will create a negative impact for us and for our neighborhood. This negative impact includes an increase in traffic congestion, additional traffic noise, and extensive light pollution due to the fact that the convenience store elevation will be higher than our house. A high traffic volume business with extended hours is sure to affect the safety, quietness and family orientation of our current neighborhood. We feel that all of these negatives will also create a decrease in our property value and make our house less marketable in the future. Currently our area is well served by two major grocery stores and four convenience store/gas stations. All are located within approximately one mile to the north, south or west of the proposed rezoning site, thus eliminating the need for an additional business of this type. It is our hope that the Planning and Zoning Commission will deny approval of this rezoning request and that the developer will proceed with the existing plan approved in February, 2011. Thank you. Sincerely, e�' � David C. Sto/c/1hl Joyce . Stochl Bob Miklo From: Bob Roelf <broelf@yahoo.com> Sent: Saturday, May 18, 2013 7:20 AM To: Bob Miklo Cc: SANDMANPAR@aol.com Subject: Rezoning of Scott Blvd and American Legion Road to Commercial Dear Mr. Mikio, I object to the rezoning of Scott Blvd. and American Legion Road to commercial. This is already a busy intersection with constant heavy truck traffic. Commercial development will only exacerbate this problem. Also, this corner contains the large Legacy retirement complex. Commercial activity such as a convenience store may not be compatible with such an activity. Thanks for your consideration of my concerns on this matter. Bob Roelf 403 Elmira St. Iowa City, IA 52245 We are emailing in regard to John Hieronymus' request for rezoning of his property at the corner of Muscatine Ave. and Scott Blvd. We would like to express our disapproval of the application as we are home owners on Hampton Ct. We feel the convenience store at this location would adversely effect our neighborhood. We are concerned about the lights reflecting into our development, the noise of semi traffic, the added foot traffic and the increase in traffic in general. We try to enter onto Scott Blvd at Hampton St, and often find it difficult now, due to the amount of traffic. This would only make it worse. The Legacy Gardens facility and the University of Iowa clinic has already increased traffic in this area, and has created more traffic congestion on Scott Blvd. Please forward this to the appropriate party to have our opinion heard. Thank you for your time and attention to this matter. Sincerely, Chuck and Maggie Brummond 1129 Hampton Ct Iowa City, Iowa CITY OF IOWA CITY MEMORANDUM Date: May 31s`, 2013 To: Planning and Zoning Commission From: Darian Nagle-Gamm, Associate Planner Re: Staff Report Update for North 1"Avenue Parcel (REZ13-00004) Staff had recommended deferral of this item at the May 2nd meeting, pending attention to several items that had been identified as discrepancies or deficiencies. The Commission also provided additional comments and questions for follow up during the meeting. Below is a summary of the outstanding discrepancies / deficiencies or comments from the Commission and how they have been addressed to date. Staff review indicates most items have been addressed, pending one outstanding addition to the site plan to improve storm water drainage. Staff anticipates that at the time of the June 61h meeting, that all items will have been addressed adequately; therefore we are would recommend approval of the rezoning request at that time. Move proposed building to the north The latest site plan received May 24th shows that the building has been moved approximately 10 feet to the north creating an expanded 20 foot buffer between the south end of the building and the south property line. With the building move, Staff believes that there is still an adequate buffer of over 17 feet between Hickory Hill Park and the guest parking area on the north end of the property. Water drainage Public Works had expressed concern that not all storm water in the front of the proposed building was being handled on site and worked with the developer to ameliorate this condition. The latest site plan includes modifications to the drainage system that would pick up all water drained from the eve spouts in the front of the building. The site plan also indicates that the portion of the property in the front of the building that is south of the driveway and north of the front staircase will be graded so that storm water is directed to an inlet. Staff will be working with the developer this week to make a final adjustment to the water drainage system which involves installing perforated tiling along the sidewalk retaining wall to the south of the front staircase to pick up the remaining storm water on the property. It is anticipated that these adjustments to the site plan will be made in advance of the June 6ch meeting. Building height comparison There was a request for an elevation drawing which showed the proposed building from the front and reflected its relative height comparison to the existing building to the south. Staff reviewed the drawing submitted by the developer and finds it to be a reasonable approximation in the difference in height between the existing building and the proposed building. Trees on property There was a question regarding the presence of oak trees of value on the property. The revised site plan indicates that there are a few smaller oak trees located on the far southwest corner of the property. Staff has inquired with the City Forester as to the value of the trees. We are hoping to be able to provide this information before the June 6ch meeting, pending review by the City Forester. May 31, 2013 Page 2 Lot coverage ratio comparison The lot coverage ratio for the existing property to the south was estimated to be 40%, indicating that 40% of the property is made up of impervious surfaces. In comparison, impervious surfaces will make up an estimated 42% of the property proposed for rezoning; indicating that lot coverage on both properties is very similar. Landscaping plan update The developer was asked to provide a more detailed landscaping plan that included tree species recommended by the Johnson County Heritage Trust as appropriate for this area. Staff reviewed the plan and found it to be adequate, containing tree species that are JCHT recommended. Purchase agreement There was a request for the submission of the purchase agreement between the developer and the property owner. Staff reviewed the document submitted by the developer, which appears to be in order. The developer has also submitted drawings of the property from the front that show how the proposed building and the sidewalk retaining walls will look from various perspectives on 1s` Avenue. CITY OF /OWA CITY ON ICI ID-RS w w o W OPD8 U RS5 HICKORY TRAIL Hickory Hill Park Ralston Cry M 12 BLUFFWOOD CIR y OPD/ RM 12 Q �z� °C9 RS5 GSR a P FSPq` REGINA SCHOOL RU C 1 20 o� CO1 TUDO DR CD SITE LOCATION: North First Avenue REZ13-00004 q�� E nuA yy II �g �� �11 BRR9 aE E g I11l �gg�i kgQ F z a J F- z LU iL O :y� M z W S w W Asa o� wZQ a �0 U) z WNLL � ram` F W v k QFQ a LU W p mOg LU WE U) IY Q z —� 2 W a g D A I g� w 5 w ■ IGId.9Gli�ay i. nn—n � \ /} m \ _ z u _ j /w 0Z< \0/ §�\ }wa w�/ / wg I z e m fill! § �•| §f | 2-: w, ƒ} II) � � �rT STAFF REPORT To: Planning & Zoning Commission Prepared by: Andrew Bassman, Planning Intern Item: REZ13-00014 Date: June 6, 2013 GENERAL INFORMATION: Applicant: Chezik-Bell Properties by Jon Bell 2835 Rosebay Court Cedar Rapids, Iowa 52411 217-242-6300 jonbell@chezikbell.com Contact Person: Property Owner: Requested Action: David Larsen 277 Hickory Street Kalona, Iowa 52247 319-656-5271 Larsen@kctc.com Menards Inc. C/o Timothy Enyeart, Legal Department 4777 Menards Drive Eau Claire, Wisconsin 54703 715-876-2776 tenyeart@menard-inc.com Amend the Conditional Zoning Agreement attached to the current CI-1 zoning Purpose: To reduce the front setback from 30 feet, as specified in the CZA, to 11 feet, in exchange for more extensive landscaping within the front setback Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: Highway 1 West and Sunset Street 2.3 acres Undeveloped, commercial (CI-1) West: Highway 1 and residential, Cl-, RS-5 and RM-12 East: Undeveloped and Iowa City Municipal Airport, CI-1 and P1 North: Undeveloped, CI-1 South: University of Iowa Studio Arts campus, commercial, CI-1 South Central District Plan —Intensive or Highway Commercial File Date: May 7, 2013 45 Day Limitation Period: July 1, 2013 BACKGROUND INFORMATION: The applicant, Chezik-Bell Properties, has requested an amendment to the Conditional Zoning Agreement (CZA) attached to the current Intensive Commercial (CI-1) zoning for an undeveloped, 2.3-acre property located on the south side of Highway 1 West, east of Sunset Street. The CZA requires a 30-foot front setback from the Highway 1 right-of-way, with ground cover within the setback. The applicant has proposed reducing the front setback to 11 feet in exchange for more extensive landscaping along the property's frontage with Highway 1. The applicant has indicated the property will be used for an auto dealership. The concept plan submitted by the applicant shows that the reduced setback requirement would allow the space to be used as an auto display area. The applicant has stated that the irregular shape of the lot restricts the display space available to the point where an auto sales lot would not be able to function if the 30 foot setback is not reduced. The applicant also pointed out that the property at 809 Highway 1 West, also used for an auto dealership, was allowed to reduce the front setback from 30 feet to 11 feet subject to more extensive landscaping. The subject property was rezoned in 1996 from General Industrial (1-1) to CI-1, subject to a CZA. At the time, City policy called for preserved and enhanced entrances to Iowa City. The CZA specifically identified Highway 1 as a primary entrance to Iowa City from the southwest. The conditions included measures to lessen the impact of the development on surrounding areas and allow for coordinated development of properties in the area. In addition to the 30-foot front setback, the conditions prevented direct vehicular access from Highway 1 to the subject property, limited outdoor storage within 100 feet of the Highway 1 right-of-way to that associated with auto sales and plant nurseries, required an access easement between nearby properties and the subject property, and allowed just one free-standing sign on the subject property. ANALYSIS: Current Zoning: CI-1 zoning provides areas for light industrial uses —businesses with operations typically characterized by outdoor storage and display of merchandise, and repair and sales of large equipment or motor vehicles. The types of retail uses allowed in this zone are limited in order to create opportunities for more land -intensive commercial uses. Typical uses found in CI-1 zoning include vehicle -sales lots, mechanics, warehousing and contractor's yards. Dimensional requirements for CI-1 zoning require a minimum front setback of 10 feet (CZA requires 30 feet for this and other properties in the area) and no minimum requirements for side and rear setbacks. There are no requirements for building size in the CI-1 zoning, apart from a maximum height of 35 feet and a maximum floor -area ratio of 1 (floor area within building divided by total area of the lot). A concept plan submitted by the applicant shows the building footprint, positioned at the rear of the lot, would be approximately 10,150 square feet (building height has not been specified). In addition, the Zoning Code requires one parking space per 500 square feet of floor area (20 parking spaces, if the building has one floor). Therefore, setbacks, building size and parking spaces, as indicated on the concept plan, would meet requirements for the CI-1 zone. But it does not appear the building size and parking requirements would limit the amount of display space available, as stated by the applicant. When considering the applicants request to reduce the setback in exchange for more extensive landscaping, staff notes that the front property line is already set back approximately 60 feet from the Highway 1 roadway due to the extensive right-of-way width in this area. There is also a PCWSteR Rop.d*b 713 C0014 &.Jk-bell hwy 1.d. notable change in grade, a decline of approximately 10 feet, from the roadway to the property line that acts as a sort of natural buffer. The incline of the slope begins close to the front property line. In staff's view, what would be, in effect, a 90-foot setback from the roadway (60 feet within the right-of-way plus 30 feet on the subject property), covered with grass, would be less -aesthetically pleasing than the proposed 11 foot setback with extensive landscaping. Compliance with Comprehensive Plan: The South Central District Plan future land -use map depicts the subject property as appropriate for Intensive or Highway Commercial development. The subject property falls within Subarea B. The plan addresses intensive commercial uses in Subarea B, and states that entranceway aesthetics need to be considered as these intensive commercial properties develop and redevelop. Extensive landscaping along the frontage of the property would likely add to the visual appeal of the property. Thus, staff believes that with more extensive landscaping than would otherwise be required, even the reduced setback proposed by the applicant would meet the goals of the Comprehensive Plan. The applicant has submitted the attached landscape plan depicting ornamental trees and shrubs within the proposed 11 foot setback. Based on staff's recommendation the plan shows the landscaping treatment extending along the sides of the property for a distance of approximately 100 feet. There are two approximately 30 by 30 foot wide lawn areas shown in the northwest and southwest corners of the property where the 30 foot setback area is shown as remaining on the applicant's landscape plan. To assure that these areas are not converted in additional paving staff recommends that landscaping be added to those two areas. Access and street design: The property does not have direct vehicular access from Highway 1. Vehicular access to the property from Highway 1 is provided between the properties located at 1335 Highway 1 and 1411 Highway 1. The property at 1335 Highway 1 features a drive running northwest -southeast across the property. The property at 1335 Highway 1 abides by the 30-foot setback. The concept plan shows an aisle on the subject property connecting to the drive across 1335 Highway 1. The reduced setback would not interfere with vehicular access to the subject property. There are no sidewalks along this section of Highway 1. STAFF RECOMMENDATION: Staff recommends approval of REZ13-00014, a proposal to amend the Conditional Zoning Agreement attached to the current CI-1 zoning by reducing the required front setback from 30 feet to 11 feet, subject to adherence to the attached landscape plan showing more extensive landscaping in the remaining areas of the frontage including extension of the landscaping to the side lot lines as shown on the attached plan and subject to additional landscaping in the northeast and southwest corners of the property. ATTACHMENTS: 1. Location Map 2. Concept Plan 3. Applicant's statement as to why change is warranted Approved by: / Robert Miklo, Senior Planner, Department of Planning and Community Development PC MSIafi Repode1rez13-00014 chezik-bell"1.doc N U U Sy ... 1S 13SNoS le 0 1 M 74 N W 7 1 �QI Cf7 J z w T � U J w C o Z G T QO 3 OJ U W H alb JJI01Jvo W ui F Y � C- � I III i mmj ✓~i ry Vl W WW 0N <0 J U co �O0 N n O W U V) W i �Sp � y y I. I r h W e 4 �I I � 4q 3r5 2 Applicant's Statement as to change in Zoning Agreement Item # 5 from Application To whom it may concern: This Application and Statement is to not change the zoning designation CI-1, but only to make a change to the Conditional Zoning Agreement associated with Lot 1 WESTORT PLAZA ---- Part Two, Iowa City, Iowa found starting at Vol. or Book 2139 Page 193. Actual page of change is found at Vol. or Boob 2139 page 195 4th, item Paragraph h., which reads "There shall be a 30 foot setback from the Highway 1 right-of-way, which setback shall be landscaped with ground cover such as grass. No parking or paving other than sidewalks shall be allowed within this 30—foot setback." Our request is to change the"30 foot" to "11 foot", and in exchange to implement a more advanced and detailed landscaping plan, which landscape plan will be contained within the 11 foot area, just like Nissan Auto dealership ( shown in photos attached and similar landscape plan attached). The Nissan dealership was allowed a similar arrangement where in exchange for other consideration they could implement an Eleven foot setback with and more detailed an advanced landscape plan. It is our view that this allowance or change is warranted due to the fact a nearby property on Highway One was allowed a similar change to incorporate advanced and a more detailed landscape plan in exchange for a consideration. Factors to be considered for change: 1. The shape of Lot 1 presents design issues not normally found, and is difficult because of its shape to get the required number of parking spaces and size of building. 2. The Use of the property is for a car dealership, and currently if a 11 ft setback is not allowed there will not be enough spaces per manufactures desired number of parking spaces, on the lot as needed. As a result the purchase of the dealership will not be able to be completed. 3. Pushing the building back further on the lot cramps the ability to get parking, fire trucks and further inhibits and restricts the size of the building. 4. Every square inch is going to be needed to make this property viable and useable. We need every possible space that is available in order to not cramp the dealership out of being productive. It is our intent to be compliant in every way. Our use fits into the comprehensive plan as well as the current zone of Cl-l. Please notice pictures of nearby properties. Our intent is to develop an attractive landscape plan and building in order to become an asset to the entrance into the City on Highway One. On behalf of Jon Bell Applicant David Larsen Contact Person icy of Iowa City MEMORANDUM Date: June 6, 2013 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner RE: General Educational Facilities (primary and secondary schools) in the CC-2 Zone Proposed Zoning Code Amendment Steve Kholi, on behalf of Faith Academy, has requested that the Zoning Code be amended to allow General Educational Facilities (primary and secondary schools) in the Community Commercial (CC-2) Zone (see attached written request). General Educational Facilities are defined as elementary and secondary schools below university grade (ordinarily grades one through 12), including denominational and sectarian schools, kindergarten and military academies. Such schools are currently allowed as provisional uses in the Commercial Office (CO-1) and Mixed Use (MU) zones. They are permitted in the Central Business (CB-2, CB-5 and CB- 10) zones. They are not permitted the other commercial zones, including the CC-2 Zone, The Intent of the CC-2 Zone is to provide for major business districts to serve a significant segment of the total community population. In addition to a variety of retail goods and services, these centers typically feature a number of large traffic generators requiring access form major thoroughfares. Although CC-2 zones primarily serve as retail centers, staff believes that in some locations, educational facilities could be a compatible use. Allowing General Educational Facilities in the CC-2 zone by special exception would provide for review by the Board of Adjustment to consider the compatibility of the use for the specific commercial location. Factors such a traffic patterns and provision of safe pedestrian access to the school could be considered by the Board. Staff recommends that in addition to the general approval criteria considered by the Board of Adjustment for all special exceptions, the following specific approval criteria apply: a. The use will be functionally compatible with surrounding uses and will not inhibit retail and services uses for which the zone in is primarily intended. The Board will consider such factors as size and scale of the development and projected traffic generation. b. The use must provide a drop-off/pick-up area in a location that is convenient to or has good pedestrian access to the entrance to the Page 2 facility. This drop-off/pick-up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights -of -way. c. A sidewalk must be constructed connecting the main entrance of the center to the adjacent public right-of-way. Pedestrian access must be clearly separated or distinguished from vehicular circulation areas to minimize the extent to which users of the facility are required to walk across drives or aisles to gain access to the facility. The City Attorney has yet to review this draft and may offer revision prior to Thursday's meeting. Recommendation Staff recommends amending the Zoning Code to allow General Educational Facilities by special exception in the CC-2 zone as indicated above, subject to approval of code language by the City Attorney. Approved by: Jeff Director Department of Planning and Community Development We request an anlendrnent to the lolling Code to allow lFe'€leral LduCiltlo21a1 Uses in the CC-2 Cone. Renson'fG! IrigKaes.. lie Zouing Code needs to be adjusted to unpl'ove the educational opportunities c:i students ire the Broaakvay neighborhood. Thus, it is essential the Broadway neighborhood receive an injection o'new educational resources. In targeting this specific neighhornnaod we understand that it vitally critical that any educational facility be within easy walking distance of the students' homes. It is not financially viable to construct a new facility w=ithI n the neighborhood Ave arc trying to serve. Accordingly, we rn€1st rely on pre-cxisttng stritctures, wlnioh are exclusively in areas zoned for commercial use. put another way, the absence of a zoning code amendment will preclude these impoverished students front reaching fbeir educational potential. Compatibility with evistiirg CV--i, rises: While it has been traditional in Iowa City that schools are located in residential zones, it is not universal nor has it always been so..1 would point out that SE Junior high is bounded on the south by commercial zoning and Horace Mann at Dodge and Church. both educate students to no adverse effect. Critical issues effecting compatibility: Traffic: In canvassing the area for suitable facilities one of our major concerns was traffic and the safety of students regarding pick up and drop off. Traffic on site can easily be controlled by critical placement of ingress/egress driveways. hn addition those possible sites located along HWY 6 are fronted with access roads. As noted above the primary purpose of our request to assist the Broadway Neighborhood in their educational needs and as such realize that any facility muss: be within walldag distance and so we expect very little vehicular traffic. We would also note the area is serviced by a very comprehensive system of walkways and side walks. The proposed interim location (1030 Cross park Ave.) is immediately across the street from apartment complexes, so it already is, in a de facto sense, a residential area. The large parking lot is used almost exclusively for The Spot (interim location), so it serves as a "safe harbor" for picking up and dropping off students as well as limited outdoor activities. Outdoor Activity Areas - Playground, activity areas are a very important criteria for our facility to be student friendly. Preschool regulations require 100 sq.ft. Per child on the playground. Private schools in general and faith in particular have a much lower enrollment than public schools and will naturally require much less activity areas, adequate activity areas will have to be decided upon on a case by case basis. The current location (1030 Crosspark) has abundant outdoor activity area in paved area behind Pepherx>✓ajod lef�ali and green space behind the eld ,"Mayor's youth facility. `enfeiy amen Fortunately, CC-2 areas generally have more than adequate ouidoof lighting for both visual and sec raAY seasons. internally, s*m eda-ed security protocol. will be enacted. 'These actions include but not limited to: E&gldinng Entrance security, sign rslsig=iout. Rceorded visitor sign in, etc. Additionally, students will be requiredto wear unifo n-ns, rnaeissg non student interlopers immediately visible. We believe allowing a General Education Use in the CC-2 zonc would riot adversely affect any existing businesses in the oroposcd area and conversely, any existing businesses would not adversely effect a; edfimational instigation in the area. Date: May 31, 2013 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Zoning Code Amendment to Modify the Drinking Establishment Spacing Requirements Background In 2009, due to the concentration of drinking establishments in downtown Iowa City and in commercial areas within proximity of the University of Iowa campus and the resulting increase in underage drinking, violence and crime, the City Council adopted a minimum spacing requirement of 500 feet between drinking establishments (bars). The concentration of bars In downtown Iowa City is largely a consequence of the proximity of the downtown to the University of Iowa campus combined with the increase in available storefronts that occurred after the Coral Ridge Mall opened in 1999. Since its passage in 2009, the drinking establishment spacing ordinance has achieved the goal of preventing further concentration of bars in the downtown area. In addition, the community has benefited from the opportunity created by the ordinance for a greater mix of businesses downtown as a few nonconforming bars have gone out of business and have been replaced by retail and office uses. It has come to our attention, however, that the broad application of the 500-foot spacing requirement to outlying commercial areas may be unduly restricting economic development opportunities in areas where an unhealthy concentration of drinking establishments is unlikely to occur. For example, sit-down restaurants are an important element in creating neighborhood - serving commercial areas. Many if not most restaurants of this type have liquor licenses. Since many of the outlying commercial areas are fairly compact in size, the 500-foot spacing requirement presents an obstacle to development if more than one or two restaurants would like locate in the same commercial area and stay open late during bar hours (midnight to 2:00 AM). Discussion of Solutions Given the low risk that outlying commercial areas will experience the same market conditions that created the concentration of bars downtown, staff recommends amending the zoning ordinance so that the 500-foot spacing rule only applies in downtown areas and in areas proximate to the University of Iowa campus. The zoning ordinance already designates a specific part of the city as a "University Impact Area." In addition, the Riverfront Crossings District is the area where the downtown is intended to grow in the future and will likely contain a considerable amount of university student housing due to its proximity on both the east and west sides of the Iowa River to the university campus. Therefore, staff recommends maintaining the 500-foot drinking establishment spacing rule in the University Impact Area and the entirety of the Riverfront Crossings District and eliminating the spacing requirement in all other areas of the city. Page 2 Recommendation Staff recommends amending the Zoning Code as indicated below. New language is underlined. Language to be deleted is indicated with strike -through notation. Amend paragraph 14-4B-4B-9e. as follows. e. In the any CN-1 Zone that is within the University Impact Area as illustrated on Map 2B.1 within Section 14-2B-6 and/or the Riverfront Crossings District as illustrated in Figure 2C.8 within Section 14-2C-11, a Drinking Establishment, as defined in this Title, must be separated by a minimum distance of 500 feet from any other Drinking Establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other Drinking Establishment. For example, in the case of a Drinking Establishment that is located on a lot with multiple leased spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by a Drinking Establishment to the nearest property line or leased building space of any other Drinking Establishment. Amend paragraph 14-4B-4B-10 as follows: 10. Drinking Establishments in the CH-1, CC-2, CB-2, CB-5, CB-10 Zones Within the University Impact Area as illustrated on Map 213.1 within Section 14 2B 6 and/or the Riverfront Crossings District as illustrated in Figure 2C 8 within Section 14-2C-11 a Drinking Establishment, as defined in this Title, must be separated by a minimum distance of 500 feet from any other Drinking Establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other Drinking Establishment. For example, in the case of a Drinking Establishment that is located on a lot with multiple leased building spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by a Drinking Establishment to the nearest property line or leased building space of any other Drinking Establishment. Approved by:;r Robert Miklo, Senior Planner Department of Planning and Community Development PLANNING AND ZONING COMMISSION PRELIMINARY MAY 16 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Anne Freerks, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: None. STAFF PRESENT: Bob Miklo, Sarah Greenwood Hektoen OTHERS PRESENT: David Stochl RECOMMENDATIONS TO CITY COUNCIL: There were none. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Comprehensive Plan / Rezonina Item A public hearing of an application submitted by John Hieronymus to amend the Comprehensive Plan - Southeast District Plan to change the land use designation from multi -family to commercial for property located at the northwest corner of the intersection of Muscatine Avenue and Scott Boulevard. Miklo said staff had received a request from the applicant to defer this item until the Planning and Zoning Commission meeting of June 6t'. He said that because there were interested neighbors present, he would present and abbreviated staff report. The current zoning of the subject property is low density multi -family (RM-12), and there's a zoning agreement that provides for up to twenty-three townhouse -style units on this property. He said in order for the rezoning of the corner property to occur, the Commission would have to amend the Comprehensive Plan. He showed photos of the neighborhood and explained what kinds of areas surround it. He said a unique feature of this site is that it is at the highest point in the neighborhood, so it is highly visible. Miklo said there was a previously approved plan for this area for a new street, Terrance Lane, that would loop around and end here near the western edge of the residential development with Planning and Zoning Commission May 16, 2013 - Formal Page 2 of 4 the idea that it could be extended to the south for additional lots in the future. Miklo said this included the three lots that had the twenty-three townhouse -style units on them. He said the applicant has submitted a concept plan showing how that would change if the rezoning is approved and the property is re -subdivided. Miklo said that staff does not see a compelling reason to change the Comprehensive Plan in this area. He said there are several commercial areas within a mile of the subject location, and they all contain convenience stores. He said that staff is not recommending approval of the Comprehensive Plan Amendment or the rezoning to commercial. Eastham asked if the Commission could get a list of areas that are zoned Neighborhood Commercial (CN-1) in the area encompassed by the district plan for this neighborhood. Miklo said he could show that on a map at the next meeting. Thomas said he would like to see examples of where commercial has been successfully integrated into areas of residential development like this one. Freerks opened public hearing. David Stochl of 1158 Hampton Court said he lives directly south of where the convenience store is being proposed. He said he built his house in 1991 with the understanding that this was a residential area. He said there is a convenience store a half mile north, there are two a mile west and one a mile south, and the area is serviced by two grocery stores. He said from a noise, traffic and lighting standard, the proposed convenience store would negatively impact the area. He said the proposed building would be five -thousand square feet, excluding parking space and gas pumps. He said he would urge the Commission to deny this application. Freerks closed public hearing. Eastham moved that CPA13-00002 be deferred to the Planning and Zoning Commission meeting of June 6th. Swygard seconded. A vote was taken the motion carried 7-0 CPA13-00002/ REZ13-00012: Discussion of an application submitted by John Hieronymus for a rezoning of a total of 5.95-acres of land located north of Muscatine Avenue, west of Scott Boulevard, 2.23-acres from Low Density Single -Family (IRS-5) zone to Low Density Multi -Family (RM-12) zone, 0.85-acres from Low Density Single -Family (IRS-5) zone to Neighborhood Commercial (CN-1) zone and 2.87-acres from to Low Density Multi -Family (RM-12) zone to Neighborhood Commercial (CN-1) zone. (This item was discussed in the comments above.) Freerks opened public hearing. Freerks closed public hearing. Eastham moved that these items be deferred to the Planning and Zoning Commission meeting of June 6tn Planning and Zoning Commission May 16, 2013 - Formal Page 3 of 4 Dyerseconded. A vote was taken and the motion carried 7-0. Rezoning Item REZ13-00004: Discussion of an application submitted by Jeff Miller Construction for a rezoning of 1.05-acres of land located on First Avenue, north of Rochester Avenue from Low Density Multi -Family (RM-12) zone to Planned Development Overlay/Low Density Multi -Family (OPD/RM-12) zone. Miklo said the applicant is still working on a revised plan and has requested that this item be deferred to the Planning and Zoning Commission meeting of June 6t' Freerks opened public hearing Freerks closed public hearing. Eastham moved to defer REZ13-00004 to the Planning and Zoning Commission meeting of June 6"'. Thomas seconded. A vote was taken and the motion carried 7-0. Consideration of Meeting Minutes: May 2, 2013 Swygard moved to approve the minutes of May 2, 2013 with corrections. Theobald seconded. A vote was taken and the motion carried 7-0. OTHER Miklo explained the changes that will be made in the Good Neighborhood Policy and how it will be reported in the staff report. ADJOURNMENT: Eastham moved to adjourn. Theobald seconded. The meeting was adjourned on a 7-0 vote. 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