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HomeMy WebLinkAboutP&Z Packet 2.2.17MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION JANUARY 19, 2017 – 7:00 PM – FORMAL MEETING EMMA J. HARVATHALL,CITYHALL MEMBERS PRESENT:Carolyn Dyer, Mike Hensch, Ann Freerks, Phoebe Martin, Max Parsons, Mark Signs, Jodie Theobald MEMBERS ABSENT:None STAFF PRESENT:Karen Howard, Bob Miklo OTHERS PRESENT:Liz Maas RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission recommends approval of SUB16-00011 the preliminary plat for Dean Oakes Seventh Addition, a 1-lot, .826-acre residential subdivision on the east end of Bristol Drive. By a vote of 7-0 the Commission recommends that the City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road be approved subject to compliance with the mitigation plan (CPU16-0004). By a vote of 7-0 the Commission recommends amending the outdoor service areas regulations in Title 4 of the City Code, and temporary use provisions in Title 14 of the City Code, to allow limited use of amplified background music for eating and drinking establishments in the Riverfront Crossings - South Gilbert and West Riverfront subdistricts. By a vote of 7-0 the Commission recommends approval an amendment to City Code Section 14-2G-7F-9, Sign regulations in the Riverfront Crossings Form-Based Code, to change the sign allowance for fascia signs for manufacturing uses in the South Gilbert Subdistrict. By a vote of 7-0 the Commission recommends approval of the amendments to the standards for the South Gilbert Subdistrict of Riverfront Crossings in City Code Section 14-2G-3A to address building and parking placement for properties that front on Highway 6 as specifically outlined in the staff report. CALL TO ORDER: Freerks called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There were none Planning and Zoning Commission January 19, 2017 – Formal Meeting Page 2 of 11 COMPREHENSIVE PLAN ITEM (CPA16-0004): Consider a motion setting a public hearing for February 2 for discussion of an amendment to the Comprehensive Plan to change the text to allow residential uses in the commercial zones south of Iowa Interstate railroad and east of Scott Boulevard located in Scott-Six Industrial Park. Miklo explained that it is a requirement that the City announce that there is an amendment to the Plan being considered at the February 2, 2017 meeting. Hensch moved to set a public hearing for February 2 for discussion of CPA16-0004. Martin seconded the motion. A vote was taken and the motion carried 7-0. DEVELOPMENT ITEM (SUB16-00011): Discussion of an application submitted by Oakes Construction for a preliminary plat of Dean Oakes Seventh Addition, a .826-acre, 1-lot residential subdivision located on the east end of Bristol Drive. Miklo began the staff report showing a map of the area noting that there are two parts of Bristol Drive and the thought is that someday the street may come through and connect. The likelihood of that is low due to steep ravines and difficulty of providing sanitary sewer service to the area east of Bristol Drive north of Dubuque Road. The zoning of this area and surrounding area is RS-5 low-density single family and the area to the east is rural residential (RR1) because it drains away from the city and currently cannot be served by the sanitary sewer network. The proposal is to take the last remnant piece of property, just east of Dean Oakes Fifth Addition and plat it for a single-family lot. Because of the slight possibility of a future road connection, the City is recommending a hammerhead turnaround to allow for fire trucks or large vehicles to turnaround. Miklo noted that the subdivision complies with the Comprehensive Plan, Zoning Code, and Subdivision Regulations. Staff recommends that the preliminary plat for Dean Oakes Seventh Addition, a 1-lot, .826-acre residential subdivision on the east end of Bristol Drive be approved. Freerks opened the public hearing. Seeing no one Freerks closed the public hearing. Signs moved to approval of SUB16-00011 the preliminary plat for Dean Oakes Seventh Addition, a 1-lot, .826-acre residential subdivision on the east end of Bristol Drive. Parsons seconded the motion. Freerks noted that with the terrain and how the area is laid out it is probably best use of otherwise wasted space. Martins asked if this lot has City sewer and Miklo confirmed it does. A vote was taken and the motion carried 7-0. Planning and Zoning Commission January 19, 2017 – Formal Meeting Page 3 of 11 CONDITIONAL USE ITEM (CU16-00004): Discussion of an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road. This property is located south of Iowa City and west of the Iowa River in Fringe Area C of the Fringe Area Policy Agreement but is outside of the Iowa City Growth Boundary. Miklo explained that the County Zoning Code allows these types of uses Conditional Use Permits by the County Board of Adjustment. The County Code gives the opportunity for any City within two miles to comment and make a recommendation. If the City recommends against such a conditional use permit then it requires a super majority (or four out of the five) members of the Board to approve. Miklo noted that the City’s interest in this area is more on a regional basis, it is outside the City’s growth area, and we do not anticipate that it will be annexed into the city, but it is along the riverfront which the City sees as a resource for open space and recreation. He said that is the context in which staff reviewed this application. Miklo stated that this is a continuation of a sand and gravel mining operation that has been in operation for a number of years. It began on Izaak Walton Road and with the City’s recommendation the County allowed expansion in 2006. This would be the third expansion. City and County staff inspected the property with Liz Maas, a consultant to S & G Materials, who outlined the mitigation, mining, and restoration processes both underway and planned on the applicant's property. S & G must meet the requirements of the Johnson County Sensitive Areas Ordinance, which requires that for every acre of wetland impacted, two acres of wetland must be constructed. Staff believes S & G Materials has demonstrated a commitment to proper habitat restoration and sustainable mining practices. Staff recommends that the City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road be approved subject to compliance with the mitigation plan. Martin asked if the environmental expert that was on the inspection noted any infringements on the river currently. Miklo said that much of the property is in the flood plain and is reviewed by the Iowa Department of Natural Resources and also the activity does not go right up to the river, there is a buffer zone. Signs asked about the blue line stream. Miklo explained that a blue-line stream is a stream that shows up on the US Geological survey maps. Some streams are small and do not have water running through them year-round and tend not to show up on the survey maps. Miklo said blue- line streams are regulated. Freerks asked if there would be tree buffer between the operation and the adjacent road. Miklo said the applicant could address that. Martin asked if the owners of the homes in the area were told about the meeting and this proposal. Miklo said not the City meeting, but they will be informed of the County meeting regarding this item. Freerks opened the public hearing. Planning and Zoning Commission January 19, 2017 – Formal Meeting Page 4 of 11 Liz Maas (620 Ronald’s Street) works for Transition Ecology and is representing S & G Materials on this application. She noted that the basins shown on the map and that the one marked C does not actually go all the way to the road and because of that topographically there is no sand and gravel mining proposed for that area with this project, so that will serve as a buffer. Additionally no additional truck traffic will be on Oak Crest Hill Road SE. Maas noted that Blue-line streams are federally regulated as well as by the State and the County. In addition, because this property has wetlands on it, which are also federally protected, so they are careful to not touch any of those areas on this property. The impacts they are proposing are mostly old ditches that have been carved by farmers over the years to allow for drainage, which may look like wetlands but are considered farm basins. Any areas they are disturbing they are offsetting the impact with the construction of mitigation sites (such as the area to the north). Additionally after they are done mining in an area, they are required to create wetland shoreline areas. With regards to the question about the river, the other entity that manages these types of sites is an organization called MSHA and the Iowa Department of Agriculture also permits this activity and have regulations on how close to the river the mining can actually be. During the flood of 2014 and 2008 this area flooded but some of the area sits high enough that it was not flooded. Recently they received a “no rise” certificate for the entire property to illustrate that the sand piles and activities on the property are not causing rise of water upstream. Hensch asked what the anticipated life span of this quarry would be. Maas stated that the preexisting quarry has been in operation for the last 15 years and probably has another 2-3 years to finish out, depending on need. The second additional will probably be in operation another 15-20 years. Freerks closed the public discussion. Hensch moved to recommend that the City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a Conditional Use Permit to allow for sand and gravel mining on property south of their current site at 4059 Izaak Walton Road be approved subject to compliance with the mitigation plan. Martin seconded the motion. A vote was taken and the motion carried 7-0. CODE AMENDMENT ITEMS: 1. Discussion of an amendment to outdoor service areas regulations in Title 4 of the City Code, and temporary use provisions in Title 14 of the City Code, to allow limited use of amplified background music for eating and drinking establishments in the Riverfront Crossings - South Gilbert and West Riverfront subdistricts. Howard explained that the City has received a request from Big Grove Brewery, who are repurposing an existing building along South Gilbert Street, to allow amplified music in its proposed outdoor service area, which is part of the restaurant that will be behind the Planning and Zoning Commission January 19, 2017 – Formal Meeting Page 5 of 11 brewery. This area is in the South Gilbert area of Riverfront Crossings. Amplified sound is currently not allowed in any outdoor service areas in the City, as most of the outdoor service areas are in the downtown area and are in close proximity to each other and it would be difficult, if not impossible, to prevent noise spillover. However in outlying areas, where there are currently no outdoor service areas or where they will likely be more spread out, low level background music may not be a problem. Several surrounding communities do allow low level background music to create an ambience for outdoor dining. Staff felt given that outdoor service areas are not as prevalent in the outlying areas of Riverfront Crossings, it may be reasonable to allow amplified background music, regulated through a seasonal temporary use permit. Staff recommends establishing the new allowance in the areas of Riverfront Crossings that are currently more commercial in character, the South Gilbert Subdistrict and the West Riverfront Subdistrict. Temporary use permits allow for rules regarding design, location, hours, and volume on a seasonal basis with conditions that are appropriate for the unique circumstances of each application. It also allows for modification or nonrenewal of the permit if there are problems. Staff recommends to add language to the temporary use section of the Zoning Ordinance, and an amendment to Title 4 (the outdoor service area portion). The rules would be similar to those that were adopted a few months ago for the rooftop service areas allowing amplified sound through a temporary use permit. The following conditions would apply: 1. Amplified sound is only allowed if the OSA is located more than 300 feet from any residential zone. 2. Amplified sound shall be limited to background music intended to enhance the outdoor dining experience associated with an eating or drinking establishment and therefore should be kept at a low volume that will not inhibit normal conversation within the OSA and will minimize carry to areas outside the OSA. 3. Amplified background music is only allowed if the OSA is located more than 100 feet from any other OSA, unless it can be demonstrated that the amplified sound from the OSA is not audible within the other OSA. 4. The City may restrict the hours when amplified sound may be used. However, in no case shall amplified sound be permitted between the hours of 12:00 midnight and 10:00 AM. 5. Amplified sound may be restricted or prohibited during public events, festivals or concerts. 6. The applicant must submit a sound mitigation plan to the City that illustrates to the satisfaction of the City how the design of the OSA will minimize carry of noise to areas outside the OSA. The sound mitigation plan shall include information regarding the methods that will be used to minimize the carry of noise, such as specialized screen wall materials, sound deadening techniques, placement and orientation of speakers, control of volume, or similar. That plan shall include anticipated decibel levels and note how the volume will be controlled. The City may require additional measures to remedy any violation of the City's noise or nuisance ordinance, as determined by the City. 7. Live entertainment, movies, DJs, or presentations using amplification are not allowed under this permit. A separate temporary use permit is required for those types of special events. Freerks asked if there was a standard to determine what “low volume” should be. Howard said that will be determined based on characteristics of the site and through demonstration of how spillover noise will be controlled. The applicant will have to address it in their mitigation plan. The City can request adjustment if noise becomes a nuisance. Planning and Zoning Commission January 19, 2017 – Formal Meeting Page 6 of 11 Martin questioned the inclusion of the West Riverfront Crossings District as it currently already has residents. Howard explained that each application for a temporary use permit will be considered on a case by case basis and it will be up to the applicant to demonstrate that there will not be spillover noise to neighboring properties. Freerks opened the public hearing. Seeing no one, Freerks closed the public hearing. Hensch moved to amend the outdoor service areas regulations in Title 4 of the City Code, and temporary use provisions in Title 14 of the City Code, to allow limited use of amplified background music for eating and drinking establishments in the Riverfront Crossings - South Gilbert and West Riverfront subdistricts. Martin seconded the motion. A vote was taken and the motion carried 7-0. 2. Discussion of an amendment to City Code Section 14-2G-7F-9, Sign regulations in the Riverfront Crossings Form-Based Code, to change the sign allowance for fascia signs for manufacturing uses in the South Gilbert Subdistrict. Howard explained that the City has received a request from Big Grove Brewery to allow larger fascia signs (wall signs) than are currently allowed in the Riverfront Crossings South Gilbert District. When the brewery started renovations on the property it was zoned CI-1, which has a larger fascia sign allowance than what is allowed in the South Gilbert Subdistrict of Riverfront Crossings. The building is set back from the street and has large areas of blank façade without the typical storefront windows and entryways that would be required of new commercial buildings in the Riverfront Crossings District. When the property was rezoned to Riverfront Crossings, the new storefront fascia signage provisions applied. Big Grove did not anticipate a change in sign regulations when the property was rezoned to Riverfront Crossings and was planning to create more visual interest on the façade with creative wall signage, but the new lower sign allowance will be inadequate. In this particular case the Brewery is considered a “cottage industry”, meaning it’s the type of manufacturing use that may sell wholesale but also has a significant retail component. Cottage industries are allowed in Riverfront Crossings. The Brewery is trying not only to manufacture beer, but to attract customers to their restaurant and bar, so there is reason to create more visual interest in the façade, to fit into what will become a walkable, mixed-use neighborhood in the near future. Howard noted that in commercial zones outside the downtown area where buildings are often setback from the street without prominent storefront features, fascia signage may cover up to 15% of each wall of a building. It makes sense to maintain consistency with these other zones for the rare instance where an existing building is repurposed and does not meet the storefront frontage standards that will be required of new commercial buildings in Riverfront Crossings. The larger sign allowance provides the flexibility to design signage that will create visual interest for pedestrians, bicyclists, and motorists on a cottage industry building such as the Brewery. Since the South Gilbert subdistrict is the only area of Riverfront Crossings where this type of situation is likely to occur due to its history as a quasi-industrial area, staff recommends limiting this new sign allowance to this subdistrict. Staff recommends amending paragraph 14-2G-7F-9a, regarding signs in South Gilbert Subdisctrict as follows: Planning and Zoning Commission January 19, 2017 – Formal Meeting Page 7 of 11 In the South Downtown, Central Crossing, Park, and South Gilbert Subdistricts, signage on mixed-use and non-residential buildings should be allowed according to the standards that apply in the CB-10 Zone, as set forth in Article 14-5B, except in the South Gilbert Subdistrict, where the maximum sign area for fascia signs for Cottage Industries and associated uses located in existing buildings with facades that do not meet storefront standards is 15% of the sign wall. Signs asked if Howard could explain how the signage review correlates with the design review of buildings such as this. Hektoen interjected and explained that since the Town of Gilbert Supreme Court Ruling the City has taken itself out of the business of design review for signs to avoid facing potential First Amendment Claims of violation of freedom of speech. Signs questioned how such a blank façade was allowed in Riverfront Crossings. Howard acknowledged that this situation is unique because they are repurposing an existing structure that does not have typical storefront features. She noted that all new buildings including those for cottage industries in the Riverfront Crossings area will have to comply with the more strict storefront design standards. The larger sign allowance will help to mitigate what would otherwise be fairly blank facades that are visible from the street by allowing more of the façade to be covered with creative signage. Miklo added that the work on the brewery began under the old zoning of CI-1, so the Riverfront Crossings storefront standards did not apply at that time. Freerks opened the public hearing. Seeing no one, Freerks closed the public hearing. Parsons moved to approve an amendment to City Code Section 14-2G-7F-9, Sign regulations in the Riverfront Crossings Form-Based Code, to change the sign allowance for fascia signs for manufacturing uses in the South Gilbert Subdistrict using the revised language Staff distributed at the meeting. Martin seconded the motion. Signs asked about what is considered signage versus what is just artwork on the building. Howard said the drawings included in the packet were just concepts that the brewery was considering and they have not settled on a final design yet. Staff has informed them that if the signage is part of their logo it is considered a sign, but if it is an image that is not part of their logo or their name, then it would be considered artwork and not subject to the sign allowance. In other words, they could cover the entire façade with a mural as long as it did not contain their logo. Signs stated he is torn, he likes the concepts, he likes the reuse of the building, but seems like it will not fit the character of what the Riverfront Crossings Plan called for in this area. Howard emphasized that the amendment just allows for larger fascia signs. The building was repurposed before the property was zoned Riverfront Crossings, so the storefront standards were not required at the time. While the location of the building and the large blank facades are not ideal in meeting the Riverfront Crossings form-based code standards, if the sign amendment is not approved, the current storefront sign guidelines will apply. The amendment under consideration is not whether or not to allow the brewery but whether to allow fascia signage to be larger to create more visual interest on building facades that are nonconforming with the Riverfront Crossings storefront standards. Planning and Zoning Commission January 19, 2017 – Formal Meeting Page 8 of 11 Dyer stated she likes the amendment, she noted however that she was hoping when this building was redeveloped there would be an addition to the front of the building so that it would be more in keeping with the Riverfront Crossings Plan and code to fit into the future walkable neighborhood. A vote was taken and the motion carried 7-0. 3. Discussion of amendments to the standards for the South Gilbert Subdistrict of Riverfront Crossings in City Code Section 14-2G-3A to address building and parking placement for properties that front on Highway 6. Howard noted there is really only one property that has frontage on both Highway 6 and Gilbert Street, so the requested amendment would have limited application. The developer that is in the process of designing a new building on the former Pleasant Valley Nursery site has requested that we consider allowing one aisle of parking between a new mixed-use building and Highway 6. The building will have a storefront frontage aligned close to Gilbert Street with access from the public sidewalk to the main lobby for the residential units above in compliance with the form-based code. However, to use the remaining land south of Big Grove Brewery more efficiently, the developer would like the new building on the Pleasant Valley site to have another longer storefront facade oriented toward Highway 6. Howard showed some renderings from the architect on how the building would be oriented. Since Highway 6 will never be an urban street with on-street parking to activate commercial storefronts, it makes sense to allow one aisle of parking between the building and the Highway 6 frontage. This would be similar to the allowance made in the form-based code along the west side of Riverside Drive south of Benton Street. Staff recommends adding a provision to the form-based code to address the unique frontage condition along Highway 6. Staff recommends amending 14-2G-3A-3b, Building Placement (in the South Gilbert Subdistrict), by amending paragraph (1) and adding a new sub-paragraph (e), as follows: b. Building Placement (1) Principal buildings shall be placed to the front and corner of lots and aligned along setbacks in compliance with the following requirements as shown in Figure 2G-4, except as indicated below: (sub-paragraphs (a) - (d) remain the same) (e) In the South Gilbert Subdistrict, for a lot with frontage on both Gilbert Street and Highway 6, the building facade that faces Highway 6 may be aligned along a pedestrian way with abutting perpendicular parking spaces aligned along an east-west drive aisle located between the building and Highway 6. Therefore, the maximum setback along the Highway 6 frontage may be adjusted accordingly. Amending 14- 2G-3A-4b.(1), Primary Street, Pedestrian Street, and designated Ralston Creek Frontage Setback (E) and Screening, by amending sub-paragraph (a), as follows: (a) Surface Parking, Loading, and Service Areas: 30' min. from primary street building facade and located behind fully-enclosed, occupied building space, except as allowed in paragraph 2(b), below. Planning and Zoning Commission January 19, 2017 – Formal Meeting Page 9 of 11 Amending 1 2G-3A-4b.(2), Parking, Loading, and Service Areas (in the South Gilbert Subdistrict), by adding a new subparagraph (b), as follows: (b) In the South Gilbert Subdistrict for a corner lot with frontage on both Gilbert Street and Highway 6, one double loaded aisle of surface parking is permitted within the private frontage area along the Highway 6 frontage. Surface parking must be setback a minimum of 10' from the Highway 6 right-of-way and screened to the S2 standard. Said surface parking must be setback 10' min. from the Gilbert Street right- of-way and 3' min. from the primary street building facade on Gilbert Street and screened to the S2 standard. (subsequent subparagraphs, currently (b) -(c),are re-lettered accordingly) Martin asked what the language was prior because it seems like the area is already following these guidelines. Howard stated that with the new form-based code no parking is allowed between the buildings and the street so that is why this amendment is now necessary. Dyer asked if there would be entryways on the Highway 6 side to the storefronts. Howard confirmed there would be, as well as parking on that side. Freerks opened the public hearing. Seeing no one, Freerks closed the public hearing. Hensch moved to approve the amendments to the standards for the South Gilbert Subdistrict of Riverfront Crossings in City Code Section 14-2G-3A to address building and parking placement for properties that front on Highway 6 as specifically outlined in the staff report. Martin seconded the motion. Hensch stated he liked this proposal. Signs agreed. Freerks noted the importance of maintaining sufficient green space as these types of projects move forward. Howard noted that due to the repurposing of the Brewery building (rather than demolish and a new building being built) meant there was less room on the property to the south to meet the original Riverfront Crossings plan. In other words, efficient use of the remainder of the Pleasant Valley site would mean that the building would be oriented with the longer building façade facing Highway 6. Given that it would be difficult for businesses to have front doors facing Highway 6 without a typical urban street frontage, some alternative means of creating a street frontage is necessary. Street trees and parking area screening would be required and the property owner is also contemplating green infrastructure along this frontage which will create more green space. Dyer noted that makes two of the buildings then in this area noncompliant to the form-based code and the Riverfront Crossings Plan. Howard agreed, but the amendments proposed for this corner are intended to make the new building compliant with an alternative standard to make the best of a challenging situation. Freerks noted that along with new buildings the City encourages reuse of existing buildings as well. A vote was taken and the motion carried 7-0. Planning and Zoning Commission January 19, 2017 – Formal Meeting Page 10 of 11 CONSIDERATION OF MEETING MINUTES: DECEMBER 15, 2016 Hensch moved to approve the meeting minutes of December 15, 2016. Signs seconded the motion. A vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Miklo distributed a survey from the Human Rights Commission. ADJOURNMENT: Parsons moved to adjourn. Martin seconded. A vote was taken and motion carried 7-0. PLANNING & ZONING COMMISSIONATTENDANCE RECORD2015 - 20161/21 2/19 3/3 3/17 4/7 4/21 5/5 5/19 6/2 7/7 7/21 8/4 9/1 10/6 10/20 11/17 12/1 12/15 1/19DYER, CAROLYNX XXX X X XXXX X X X X X X X X XFREERKS, ANNO/EXXXXXXO/EXO/EXXXXXXXXXHENSCH, MIKEXXXXX XXXXXO/EXXX X X X X XMARTIN, PHOEBEX X X X X XXX X X O/E X X X O/E X O/E X X PARSONS, MAXX XXO/EX X XXXX X X X X X X X X XSIGNS, MARK-- -- -- -- -- -- X X X X X X X X X O/E X X X THEOBALD, JODIEX X X X X X XXX X X X X X X X X X X KEY: X = PresentO = Absent O/E = Absent/Excused --- = Not a Member