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HomeMy WebLinkAboutP&Z Packet 6.6.19PLANNING AND ZONING COMMISSION June 6, 2019 Formal Meeting – 7:00 PM Emma Harvat Hall Iowa City City Hall 410 E. Washington Street AGENDA: 1. Call to Order 2. Roll Call 3. Public Discussion of Any Item Not on the Agenda 4. Case No. SUB19-4 Applicant: Paradigm Properties LLC Location: Southwest corner of E. 1st Street and S. Gilbert Street An application submitted by Paradigm Properties LLC for a Preliminary Plat for a resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey’s Addition located at the southwest corner of E. 1st Street and S. Gilbert Street. 5. Case No. SUB19-6 Applicant: Claude and Adam Greiner Location: Johnson County, South of American Legion Road An application submitted by Claude and Adam Greiner for a Preliminary Plat for Bluegrass Ridge subdivision, a 13.76-acre, 7 lot residential subdivision with one outlot located in unincorporated Johnson County south of American Legion Road and west of Wapsie Avenue SE. 6. Case No. ZCA19-1 Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to the separation distance requirement between fueling dispensing equipment and residential zones in the CN-1, CH-1, CI-1, CC-2, CB-2, and CB-5 zones. Planning and Zoning Commission June 6, 2019 Formal Meeting – 7:00 PM 7. Consideration of Meeting Minutes: May 16, 2019 8. Planning & Zoning Information 9. Adjournment If you will need disability-related accommodations to participate in this meeting, please contact Anne Russett, Urban Planning, at 319-356-5251 or anne-russett@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Planning & Zoning Commission Meetings Formal: June 20 / July 3 / July 18 Informal: Scheduled as needed. STAFF REPORT To: Planning and Zoning Commission Prepared by: Ray Heitner, Associate Planner and Jade Pederson, Planning Intern Item: SUB19-4 Date: June 6th, 2019 The Crossings − Phase 3 GENERAL INFORMATION: Applicant/Owner: Paradigm Properties LLC 3855 Locust Ridge Rd North Liberty, IA 52317 randymiller@gmail.com Contact: Kelly Beckler 1917 S Gilbert Street Iowa City, IA 52240 k.beckler@mmsconsultatns.net Requested Action: Approval of preliminary plat Purpose: Resubdivision of Lot 6 and Outlot H of Phase 2 and a part of Lots 1 and 2 of Block 3 of Cook, Sargent, and Downey’s Addition Location: SW corner of E 1st St and S Gilbert St Location Map: Size: 0.83 acres 2 Existing Land Use and Zoning: Commercial, Intensive Commercial (CI-1) Surrounding Land Use and Zoning: North: CI-1 – Intensive Commercial CC-2 – Community Commercial South: CI-1 – Intensive Commercial East: CI-1 – Intensive Commercial CC-2 – Community Commercial West: CI-1 – Intensive Commercial P1 – Neighborhood Public RFC-SG – Riverfront Crossings-South Gilbert Comprehensive Plan: Riverfront Crossings - South Gilbert District Neighborhood Open Space District: Riverfront Crossings File Date: May 6, 2019 (Completed Application Date) 45 Day Limitation Period: June 20, 2019 BACKGROUND INFORMATION: The applicant, Randy Miller, has requested preliminary plat approval for The Crossings, Phase Three, an approximately 0.80-acre, 1-lot mixed-use subdivision located on the southwest corner of E. 1st St. and S. Gilbert St. The subdivision is intended to facilitate the redevelopment of the subject property according to the Riverfront Crossings form-based code. The subject property consists of one lot, that will include a resubdivision of Lot 6 and Outlot H of Phase Two, in addition to a newly purchased 0.20-acre parcel that will be incorporated into this subdivision and The Crossings Development. The 0.20-acre parcel was recommended for rezoning to Riverfront Crossings South Gilbert (RFC-SG) zone, and is currently being evaluated by the City Council to approve the rezoning. The subdivision will continue efforts from Phase Two, and establish a new lot and block pattern to create an urban, mixed-use neighborhood next to the new Riverfront Crossings Park. Upon approval of the preliminary plat by the Planning and Zoning Commission, the applicant will pursue simultaneous approval of the preliminary and final plat from Council. The applicant has chosen not to use the Good Neighbor Policy for this preliminary plat application. A Good Neighbor Meeting was held during the first phase of The Crossings rezoning back in January of 2015. ANALYSIS: Zoning: The portion of the subject property that consists of Lot 6 from Phase Two was rezoned to Riverfront Crossings – South Gilbert zone in 2016. As stated above, the new 0.20-acre portion of the subject assemblage is undergoing Council approval to rezone to a RFC-SG zone. This zone is intended for high intensity mixed-use development in buildings with active ground floor uses opening onto pedestrian-friendly streetscapes. The zoning allows high density residential development and a mix of commercial uses appropriate to an urban neighborhood, including retail, restaurant, and office uses. Compliance with Comprehensive Plan: The subject properties are located in the South Gilbert Subdistrict of Riverfront Crossings. The master plan highlights the defining features of this subdistrict, including the potential for mixed-use buildings along a more pedestrian-oriented Gilbert Street and buildings that front on tree-lined pedestrian streets that provide views and access to the new riverfront park. As a condition of the 3 Phase Three rezoning, the City requested that a 40’ wide strip of land (shown as Outlot “A” in the preliminary plat) be dedicated to the City to help create a more pedestrian-oriented S. Gilbert St. corridor. The submitted preliminary plat builds upon previously approved lot and block patterns from Phase Two, and provides for dedication of land for a more pedestrian-oriented street network to support the proposed redevelopment of these properties according to the Riverfront Crossings Master Plan. Subdivision design: The subdivision design allows for the proposed mixed-use building to front S. Gilbert St. Outlot “A” will allow for the continuation of future S. Gilbert St. improvements that have been conditioned through past rezonings on the properties to the south, and along most of the Lot 1 S. Gilbert St. frontage. To make Lot 1 in Phase Three more uniform, a portion of Outlot “H” from Phase Two will be incorporated into Lot 1 in Phase Three. This adjustment will take the remainder of land from Outlot “H” in Phase Two, and create a new outlot called Outlot “B” in Phase Three. Outlot “B” will carry forward the same utility and access easements that were approved for Outlot “H” in Phase Two. The developer will be responsible for constructing 8’ wide sidewalks along the S. Gilbert St. and E. 1st St. frontages. These sidewalks may be installed as a part of a larger City project to improve the S. Gilbert Street corridor according to goals of the Riverfront Crossings Master Plan. There will not be parking along the E. 1st St. frontage, where the sidewalk is shown on the preliminary plat. Parking may be allowed at the time the property to the north redevelops. An existing driveway entrance along S. Gilbert St. will be closed off, to allow for a continuous block of uninterrupted commercial frontage along S. Gilbert St., between E. 1st St. and E. 2nd St. The proposed development will have vehicular access from E. 1st and 2nd Streets, and from a previously approved private alley that will connect these two streets. Traffic Implications: One of the primary goals of the Riverfront Crossings Plan is to improve the public realm, the public spaces along the streets and public open spaces to create a safe, walkable and pleasant environment for high density residential living. The intent with The Crossings subdivision is to repair the street grid by extending 2nd Street and eventually 1st Street and allowing only essential driveways. The plat illustrates a driveway on the north side of Lot 1 that will provide access to the planned mixed-use building. The location and design of this proposed driveway will be reviewed by the City prior to final plat to ensure that it meets traffic safety and circulation standards. Neighborhood Open Space: The Neighborhood Open Space Requirements require approximately 0.06-acre of dedicated open space or fees in lieu of for the newly acquired portion of Lot 1 that includes residential dwelling units. Final calculation of the open space requirement and fee based on the cost of construction of the open space improvements along the Ralston Creek will be determined at the time of final plat. Floodplain: About half of the newly acquired portion of subject property is located within the 500-year floodplain. Compliance with the City’s floodplain management ordinance will be required at site plan review. The subject property has no other sensitive areas. Utilities: Public Works staff has determined that stormwater management upgrades to the area from Phases One and Two of The Crossings subdivision, along with existing water and sewer infrastructure, will be sufficient to service the proposed development associated with Phase Three of the subdivision. 4 NEXT STEPS: Pending recommendation of approval of the preliminary plat from the Planning and Zoning Commission, the City Council will consider approval of the preliminary and final plats. The mixed- use building that will be located on Lot 1 will be subject to administrative Design and Site Plan Reviews. STAFF RECOMMENDATION: Staff recommends approval of SUB19-4, a preliminary plat of The Crossings Phase Three, an approximately 0.83-acre, 1 lot, mixed-use subdivision located at the southwest corner of E. 1st St. and S. Gilbert St. ATTACHMENTS: 1. Location Map 2. Zoning Exhibit 3. Preliminary Plat Approved by: ___________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services S G I L B E R T S T M A I D E N L N G I L B E R T C T E 1ST ST KIRKWOOD AVE E 3RD ST E 2ND ST HIGHLAND CT SUB19-4The Crossings Phase 3µ 0 0.04 0.080.02 Miles Prepared By: Luke FoelschDate Prepared: April 2019 An application submitted by Paradigm Properties LLCfor preliminary plat approval for The CrossingsPhase 3, a 0.63-acre, 1-lot subdivision located at the SWcorner of E 1st St and S Gilbert St S G I L B E R T S T M A I D E N L N G I L B E R T C T E 1ST ST KIRKWOOD AVE E 3RD ST E 2ND ST HIGHLAND CT CC2 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CC2 CI1 CI1 CC2 CI1 CI1 CC2 P1 CI1CI1 CI1 CI1 CI1 CI1 CI1 CI1 CC2 CC2 CI1 CI1 CI1 CI1 P1 CI1 CI1 CI1 CI1 RFC-SG CI1 CI1 CI1 CI1 CC2 CI1 CI1 CI1 CI1 CI1 CI1 CI1 CC2 CI1 RFC-SG CI1 CI1 CC2 CC2 CC2 SUB19-4The Crossings Phase 3µ 0 0.04 0.080.02 Miles Prepared By: Luke FoelschDate Prepared: April 2019 An application submitted by Paradigm Properties LLCfor preliminary plat approval for The CrossingsPhase 3, a 0.63-acre, 1-lot subdivision located at the SWcorner of E 1st St and S Gilbert St STAFF REPORT To: Planning and Zoning Commission Prepared by: Ray Heitner, Associate Planner Item: SUB19-6 Date: June 6, 2019 Bluegrass Ridge GENERAL INFORMATION: Applicant: Claude & Adam Greiner 1412 J Place Kalona, IA 52247 319-330-0593 claude2430@yahoo.com Contact: Gina Landau 1917 S. Gilbert St. Iowa City, IA 52240 319-351-8282 d.landau@mmsconsultants.net Property Owner: Claude & Adam Greiner 1412 J Place Kalona, IA 52247 319-330-0593 claude2430@yahoo.com Requested Action: Approval of preliminary plat. Purpose: Creation of 7 single-family lots and one outlot. Location: Johnson County. South of American Legion Road. Location Map: 2 Size: 13.76 acres Existing Land Use and Zoning: Agricultural, R - County Residential Surrounding Land Use and Zoning: North: A – County Agricultural South: A – County Agricultural East: A – County Agricultural, R – County Residential West: R – County Residential, A – County Agricultural Comprehensive Plan: Iowa City/Johnson County Fringe Area Agreement Neighborhood Open Space District: NA File Date: May 16, 2019 45 Day Limitation Period: June 28, 2019 BACKGROUND INFORMATION: The applicant, Claude and Adam Greiner, has requested a preliminary subdivision plat for the 13.76-acre project area located at south of American Legion Rd. and northwest of Wapsi Ave SE. in unincorporated Johnson County. The requested platting is to subdivide the subject property into seven lots for development of future single-family housing, with an outlot intended for future development and stormwater management. The owner of the subject property submitted an application for a rezoning to Johnson County for an (R) Residential zoning designation in October of 2018. Because of the City/County Fringe Area Agreement, this rezoning request was also reviewed by the Iowa City Planning and Zoning Commission. Because the requested zoning conflicted with the Fringe Area Agreement, which called for primarily agricultural uses, the rezoning was not recommended by the Planning and Zoning Commission or City Council. However, in January of 2019, a conflict resolution committee consisting of representatives of the City Council, the Johnson County Board of Supervisors, and City and County staff met to further discuss the rezoning. After additional consideration, the City Council withdrew its opposition to the rezoning, and recommended that the rezoning from County Agricultural (A) to County Residential (R) be approved. Because the subject property is in the area designated within the Iowa City/Johnson County fringe area, the subdivision must be approved simultaneously by the City and by Johnson County. As the subject property is in the Fringe Area “B”, outside of the growth area, it is not required to conform to the City’s Urban Design Standards, but must conform to the City’s Rural Design Standards. The subject property is located about 1.76 miles east of the eastern city limits. The subdivision must attain approval by the Iowa City Council before action can be taken by the Johnson County Board. ANALYSIS: 3 Compliance with the Comprehensive Plan: The Fringe Area agreement has designated this area as Fringe Area “B” outside of the growth area. The Fringe Area agreement calls for primarily agricultural uses in this area, but does allow some flexibility for other uses that fall within the Johnson County Land Use Plan, and are consistent with uses in a Rural/Agricultural area. The Johnson County Land Use Plan does call for residential use in the subject area. The subject property is zoned Residential (R) under the Johnson County zoning ordinance. This zoning designation requires a minimum lot size of 40,000 square feet and allows single-family land uses. The proposed preliminary plat conforms with the Residential (R) zone district and the Johnson County comprehensive plan. Subdivision Design: The proposed subdivision splits the subject property into seven separate lots, ranging in size between 1.15 and 1.46 acres (without right-of-way). Three new streets will be built in the subdivision. Two of these new streets will have direct access to American Legion Rd. SE. The third street, Maddi Ln. SE., will stem off of Declan Dr., and provide access to four of the seven planned single-family homes. Each street will be equipped with a hammer-head turnaround to accommodate emergency vehicle access. All three new streets will be required to conform to the City’s rural design standards. Environmentally Sensitive Areas: The subject property does not contain any environmentally sensitive areas. Storm Water Management: Stormwater management will be provided by installation of two detention basins. The first basin will be a dry basin located on Outlot “A”. The second basin will be a wet detention pond, located to the south of the subject property on land owned by the developer. Stormwater management standards will ultimately be required to comply with Johnson County’s standards. Sanitary Sewer and Water Service: The subject area does not have access to the City’s water or sanitary sewer systems. All seven lots will use the same well for water access. Each individual lot will have its own individual septic system. These septic sewer systems will be required to conform to the Johnson County Board of Health Rules and Regulations Governing On-Site Wastewater Treatment Systems. NEXT STEPS: Pending approval of the preliminary plat for the Bluegrass Ridge subdivision by the Planning and Zoning Commission, the application will be forwarded on to the City Council for review. If the application is approved by City Council, it will be heard by the Johnson County Board of Supervisors for final action in July. A decision on the preliminary plat from the Iowa City Council must be made before the Johnson County Board of Supervisors can take final action on the application. STAFF RECOMMENDATION: Staff recommends approval of SUB19-06, an application submitted by Claude and Adam Greiner, for a preliminary plat of Bluegrass Ridge Subdivision, a 7-lot, 13.76-acre residential subdivision located at south of American Legion Rd. and northwest of Wapsi Ave SE. in unincorporated Johnson County, subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. 4 ATTACHMENTS: 1. Location Map 2. Zoning Exhibit 3. Preliminary Plat Approved by: _ ________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator, Department of Neighborhood and Development Services A A R O N D R S E D AVID LN S E ROSALIE CT SE W A P S I A V E S E F A Y E D R S E AMERICAN LEGION RD SE 400TH ST SE 3892.659085 3892.659085 Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community SUB19-6Bluegrass Ridgeµ 0 0.15 0.30.075 Miles Prepared By: Jade PedersonDate Prepared: May 2019 An application submitted by Claude & Adam Greiner for preliminary plat approval for Bluegrass Ridge, a 13.76 acre subdivision locatedSouth of American Legion Road. A A R O N D R S E D AVID LN S E ROSALIE CT SE W A P S I A V E S E F A Y E D R S E AMERICAN LEGION RD SE 400TH ST SE 3892.659085 3892.659085 Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community SUB19-6Bluegrass Ridgeµ 0 0.15 0.30.075 Miles Prepared By: Jade PedersonDate Prepared: May 2019 An application submitted by Claude & Adam Greiner for preliminary plat approval for Bluegrass Ridge, a 13.76 acre subdivision locatedSouth of American Legion Road. Date: June 6, 2019 To: Planning and Zoning Commission From: Ray Heitner, Associate Planner Re: Amendment to Title 14, Zoning of the Iowa City Code Related to the Separation Distance Requirement for Quick Vehicle Service Uses (ZCA19-1) Background Staff recently received a site plan concept for redevelopment of the Kum & Go gas station, located at 955 Mormon Trek Boulevard. This proposal would require a special exception to be reviewed and approved by the Board of Adjustment. There are several approval criteria that must be met as part of the special exception, including a requirement that the fuel dispensing equipment be located at least 100’ from any residential zone. The Kum & Go was originally established prior to the City’s separation distance requirements. The Kum & Go does not currently meet the 100’ separation distance requirement and due to the constraints of the site meeting that standard is not feasible. Therefore, staff would like the Commission to consider rationale for a text amendment that would allow for a shorter separation distance between fuel dispensing devices and residential zone boundaries. Summary of Current and Proposed Regulations Section 14-4B-4B-12C of the City Code currently states that, “Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way and at least one hundred feet (100') from any residential zone boundary, except in the CB-2 zone. In the CB-2 zone, fuel dispensing equipment must be set back at least ten feet (10') from any street right of way and at least seventy feet (70') from any residential zone1 boundary.” Staff is requesting that the Commission consider recommendation of the following text amendment: Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. except in the CB-2 zone. In the CB-2 zone, fuel dispensing equipment must be set back at least ten feet (10') from any street right of way and at least seventy feet (70') from any residential zone boundary. While the current separation distance requirement of 100’ in commercial zones that allow quick vehicle servicing uses can usually be met, this requirement may be difficult to meet in Central Business District and Neighborhood Commercial zones. Furthermore, research from peer cities shows that Iowa City’s current separation distance requirements are significantly higher than what is required in most other cities. Lastly, there is a mismatch between the zoning code (70’ – 100’) and International Fire Code 1 Residential zones include all single-family zones (e.g. RS-s) and all multi-family zones (e.g. RM-12). Not included all zones that allow a mix of uses, such as the mixed-use zone and the Riverfront Crossings zones. May 31, 2019 Page 2 (10’) in terms of what is required for separation distance between fuel dispensing devices and residential zone boundaries. Basis for Existing Separation Distance Requirement Staff has not been able to find the origin of the existing 100’ separation distance requirement between fuel dispensing equipment and residential zone boundaries. The following excerpt from 14-5H-8B of the City Code references a 100’ separation distance requirement for aboveground storage tanks, “However, for aboveground storage tanks of two-hundred seventy-six (276) gallons’ capacity or more, the minimum distance between such aboveground tanks and any residential zone boundary must be at least one hundred (100’) feet. If the aboveground tank is located in an approved vault, the minimum separation distance from a residential zone boundary may be reduced to no less than fifty feet (50’).” While the language from this excerpt might suggest that a similar 100’ separation distance requirement for fuel dispensing equipment is necessary, fuel dispensing equipment and aboveground storage tanks are two different entities. Fuel dispensing equipment merely refers to gas pumps, and not bulk storage of the fuel (above or below the surface). Best Practices Elsewhere When examining a similar distance requirement among peer cities in Iowa and other cities nationwide, staff identified the following data and trends. Cities address this issue in several ways, with codified results varying substantially. Some cities choose not to address this issue within their respective zoning ordinances, likely choosing to let an adopted code such as the International Fire Code or Code for Motor Fuel Dispensing Facilities and Repair Garages address what distance requirements might be necessary to ensure nearby resident safety. Other cities do choose to address the issue within their zoning ordinances. The chart below shows a range of sampled cities that use the same standard of measurement that Iowa City uses in its zoning code (distance between fuel dispensing device and residential zone boundary). Figure 1 Iowa City May 31, 2019 Page 3 As is shown in Figure 1, Iowa City’s requirement of 100’ is at the higher end of what is required nationally, and nearly doubles the sample’s median requirement distance of 50’. Figure 2 below provides an overview of the sample cities selected, that share Iowa City’s method of measuring distance from fuel dispensing device to residential zone boundary. Staff’s research found varying methods of codification on this issue among cities in Iowa as well. Staff could not find a pump distance requirement for Cedar Rapids or Ankeny, though Ankeny has adopted an additional Fuel Gas Code for regulation. Some cities, such as Ames, only regulate from the station canopy to the nearest right-of-way line. Ames’ regulation is a 10’ separation distance from the station canopy to the nearest right-of-way line. Cities in Iowa that do measure the separation requirement in a manner similar to Iowa City, include Dubuque and Cedar Falls, whose distance requirements are 20’ and 25’ respectively. City/County Pump Distance to (R) Zone (ft.) Nampa, ID 12 Dubuque, IA 20 Cedar Falls, IA 25 Auburndale, FL 25 Wilmington, NC 40 Staunton, VA 50 Woodbridge, CT 50 Williamson County, TN 50 Surprise, AZ 75 Montgomery County, PA 80 Iowa City, IA 100 Peoria, AZ 200 Wethersfield, CT 200 Data Summary: Average (All) 71 Average (WO 200 ' Outliers) 48 Median (All) 50 Median (WO 200' Outliers) 50 Mode (All) 50 Mode (WO 200' Outliers) 50 Figure 2 Adherence to the International Fire Code Upon consulting with the City Fire Department, it was discovered that section 5704.2.11.2 of the 2018 International Fire Code only requires a 10’ separation distance between fuel dispensing equipment and a residential zone boundary. As it pertains to safety of adjacent residents, the International Fire Code surmises that this 10’ separation distance requirement is all that is necessary. However, it is reasonable May 31, 2019 Page 4 to assume that cities that impose an additional separation distance requirement within their zoning codes, do so to enhance the general welfare of adjacent residents. Zones that Currently Allow Fuel Stations Quick Vehicle Servicing Uses (fuel stations), are allowed as a provisional use or via special exception in the commercial zones shown in the table below. Zones that allow a Quick Vehicle Servicing Use as a provisional use, are allowed by administrative approval, provided that the additional provisional use criteria (see Attachment 1) are met. A zone requiring a special exception must meet the same additional criteria, and must also be approved by the Board of Adjustment before any building permits are obtained. Use Categories Subgroups CO-1 CN-1 CH-1 CI-1 CC-2 CB-2 CB-5 CB-10 MU Quick vehicle servicing uses S PR PR/S PR/S PR/S PR/S Figure 3 Analysis of Separation Distance between other Fuel Stations and Residential Zones in Iowa City Staff conducted an analysis of fuel stations within Iowa City and took an approximate measurement of the separation distance between the fuel station canopies and the nearest residential zone. Because staff was only able to perform this analysis using GIS aerial images, a measurement from the actual fuel pumps was not available. Of the twenty gas stations analyzed in Iowa City (see Attachment 2), only three stations have canopies within 100’ of a residential zone. Two of these stations, L&M, located at 504 E. Burlington St. and Casey’s, located at 204 N. Dubuque St., have been around for several decades, and likely predate the current ordinance requiring a 100’ separation distance. The third gas station that was found to be within 100’ of a residential zone is the Kum & Go located at 955 Mormon Trek Blvd. This property is zoned Neighborhood Commercial (CN-1). Because the intended purpose of neighborhood commercial zones is to place commercial entities within a neighborhood setting, many commercial entities in CN-1 zones are naturally going to be located in closer proximity to residential uses. Still, staff’s analysis found that the majority of active fuel stations in Iowa City are in commercial zones and located well over 100’ from any residential boundary. Potential New Locations for Fuel Stations Adjacent to Residential Zones The map below shows parcels throughout the City that have a zoning designation which allows a quick vehicle service use (as a provisional use or as a special exception) and are located within 100’ of a residential parcel. The majority of potential future parcels are clustered near S. Gilbert St., Highway 6, or Dodge St. There are a few potential parcels situated among neighborhood commercial (CN-1) or community commercial (CC-2) clusters. These clusters can be found in the Towncrest area, along Rochester Ave. and 1st Ave., and in the Mormon Trek Blvd. and Benton St. area. May 31, 2019 Page 5 Figure 4 Rationale for Text Amendment As stated before, the majority of quick vehicle service stations in Iowa City are in commercial or industrial zones, and are either surrounded by other commercial or industrial zoned properties, or are equipped with abundant acreage to satisfy the current 100’ separation distance requirement. Staff does not believe this text amendment will affect the site design of gas stations that choose to locate in commercial and industrial zones in the future. However, the separation distance requirement as currently administered, does place an inherent strain on gas stations which might choose to locate in denser areas of the city, if located near a residential zone. When looking at peer cities for comparative regulation on this matter, staff found that most cities, if they even require a separation distance between fuel dispensing devices and residential zones, have a requirement equal to or less than 50’. In addition, the proposed amendment will provide a separation distance that is consistent across all commercial zones, as opposed to the current structure which requires 100’ in most zones and 70’ in the CB-2 zone. Based on the research and analysis conducted, staff finds that 50’ is an appropriate separation distance between fuel dispensing devices and residential zones. Furthermore, this amendment will allow for the redevelopment of the Kum & Go located at 955 Mormon Trek Blvd, which will result in an improved site with better access. May 31, 2019 Page 6 Next Steps Pending recommendation of approval from the Planning and Zoning Commission, the City Council must also approve the proposed text amendment. Upon codification, the amendment will also be addressed and explained at an upcoming Board of Adjustment meeting. Recommendation Staff recommends that the Planning and Zoning Commission approve the following proposed text amendment to 14-4B-4B-12C: Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. except in the CB-2 zone. In the CB-2 zone, fuel dispensing equipment must be set back at least ten feet (10') from any street right of way and at least seventy feet (70') from any residential zone boundary. Attachments: 1. Draft Text Amendment 2. Iowa City Gas Station Analysis Approved by: _____________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 14-4B-4B-12 – Text Amendment 12. Quick Vehicle Servicing: a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and service lanes, must be screened from the public right of way to the S2 standard and to the S3 standard along any side or rear lot line that abuts a residential zone boundary. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) b. Sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle conflicts along abutting streets. c. Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way and at least one hundred feet (100') from any residential zone boundary, except in the CB-2 zone. In the CB-2 zone, fuel dispensing equipment must be set back at least ten feet (10') from any street right of way and at least seventy feet (70') from any residential zone boundary. CURRENT c. Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. except in the CB-2 zone. In the CB-2 zone, fuel dispensing equipment must be set back at least ten feet (10') from any street right of way and at least seventy feet (70') from any residential zone boundary. PROPOSED d. All lighting must comply with the provisions of chapter 5, article G, "Outdoor Lighting Standards", of this title. e. In the CN-1, CB-2, and CB-5 zones, the proposed use will be designed and developed with adequate separation and screening between vehicular use areas and adjacent residential zones. f. In the CN-1, CB-2, and CB-5 zones, car washes may contain no more than one bay and are permitted only if built in conjunction with another quick vehicle servicing use. The car wash must be located adjacent to and on the same property as the other quick vehicle servicing use and must be set back an adequate distance and screened to the S3 standard along any side or rear lot line that abuts a residential zone boundary. g. In the CN-1 zone, no light source on the property, except for internally lit signs, shall be higher than fifteen feet (15') above finished grade. (Ord. 13-4520, 4-9-2013) h. For properties located in the towncrest design review district, quick vehicle servicing uses are only allowed by special exception and must comply with the central business site development standards, as they would be applied to a property in the CB-5 zone, except as otherwise allowed by subsection B12j of this section. (Ord. 14-4586, 6-3-2014) i. For properties located in the riverfront crossings district and eastside mixed use district, quick vehicle servicing uses are only allowed by special exception in certain locations and must comply with the standards set forth in chapter 2, article G, "Riverfront Crossings And Eastside Mixed Use Districts Form Based Development Standards", of this title. j. For properties located in the CB-2 zone, CB-5 zone, riverfront crossings district, eastside mixed use district, or towncrest design review district, where it can be demonstrated that the proposed quick vehicle servicing use cannot comply with a specific standard as indicated in subsections B12h and B12i of this section, the board of adjustment may grant a special exception to modify or waive the provision, provided that the intent of the development standards is not unduly compromised. The board of adjustment may impose any condition or conditions that are warranted to mitigate the effects of any variation from these development standards. (Ord. 16-4675, 9-20-2016) Station:Address:Zoning: Nearest Residential Zone Distance (Canopy to parcel): Nearest Residential Zone Distance (Canopy to structure): Nearest Residential Zone Kum & Go 955 Mormon Trek Blvd.CN-1 65'142'RS-12 Phillips 66 2580 Naples Ave. SW CC-2 Well over 100'Well over 100'(JC) RUA BP 2410 Mormon Trek Blvd.CC-2 218'274'RM-12 Casey's 1410 Willow Creek Ct.CI-1 115'195'RM-12 BP 525 Hwy. West 1 CC-2 Well over 100'Well over 100'RS-8 Kum & Go 731 S. Riverside Dr.CC-2 148'158'RS-8 Hy-Vee Gas 260 Stevens Dr.CI-1 Well over 100'Well over 100'RS-12 BP 1905 Keokuk St.CC-2 306'333'RS-5 Casey's 1904 Broadway St.CC-2 150'188'RM-44 BP 1920 Lower Muscatine Rd.CC-2 Well over 100'Well over 100'RS-5 Kum & Go 1310 S. Gilbert St.CI-1 Well over 100'Well over 100'RS-5 BP 206 E. Benton St.CI-1 Well over 100'Well over 100'RS-5 Kum & Go 25 W. Burlington St.RFC-SD Well over 100'Well over 100'RM-44 Kum & Go 323 E. Burlington St.RFC-SD 100'123'RM-44 L&M 504 E. Burlington St.EMU 77'91'RM-44 Casey's 204 N. Dubuque St.CB-5 83'112'PRM Hy-Vee Gas 1103 N. Dodge St.CC-2 175'192'RS-8 Sinclair 2153 ACT Cir.CH-1 Well over 100'Well over 100'RR-1 BP 2221 Rochester Ave.CN-1 130'240'RS-5 BP 370 Scott Ct.CN-1 136'168'RM-12 *Measured from canopy Iowa City Gas Station Separation Distance Analysis MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION MAY 16, 2019 – 7:00 PM – FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: Larry Baker, Carolyn Dyer STAFF PRESENT: Sara Hektoen, Ray Heitner, Anne Russett OTHERS PRESENT: John Yapp, Mark Seabold, Ryan Wade, Randy Miller RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-0 the Commission recommends approval of SUB19-2, an application submitted by Allen Development for a preliminary plat of the Capital Subdivision, 1-lot, 3.20-acre commercial subdivision located at the northwest corner of Highway 1 and Moss Ridge Road. By a vote of 5-0 the Commission recommends approval of REZ18-00019, a proposal to rezone approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single-Family Residential (RS-8) to Riverfront Crossings – Orchard Subdistrict (RFC-O), subject to the following conditions: 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The rezoning is contingent upon City Council approval of VAC 19-1. 3. The developer shall dedicate 15’ of right-of-way along the north side of the Benton St. frontage to the City. 4. Construction of a 6’ wide sidewalk along the Benton St. frontage of the subject property. 5. Construction of a sidewalk along the Orchard St. frontage of the subject property. 6. Provision of a 30’ wide access easement running in a north-south direction from the driveway area north of the rezoning assemblage (pending right-of-way to be acquired by M&W), down to Benton St. 7. Construction of the pedestrian street as shown in the attached concept plan. 8. Dedication of a 30’ wide public access easement over the span of the pedestrian street. 9. Landscaping plan approved by City Forester to include street-lined trees in the right-of-way. 10. The vacated land from VAC19-1 be zoned RFC-O as well. By a vote of 5-0 the Commission recommends approval of VAC19-1, a vacation of the right-of- way west of Orchard Ct. and north of 330, 226, 224, and 650/652 Orchard Ct. in Iowa City, IA. By a vote of 5-0 the Commission recommends approval of REZ19-4, a request to rezone approximately 0.20 acres of property located at the southwest corner of E. 1st St. and S. Gilbert St. from Intensive Commercial (CI-1) and (P-1) to Riverfront Crossing-South Gilbert (RFC-SG), subject to the following conditions: Planning and Zoning Commission May 16, 2019 Page 2 of 14 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The developer shall dedicate 40’ of right-of-way along the west side of the S. Gilbert St. frontage to the City. By a vote of 5-0 the Commission recommends 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 expand its hours of operation for the mining of sand and gravel materials at 4059 Izaak Walton Road SE be approved subject to the existing conditions with a note the Johnson County Board of Adjustment address concerns regarding amplified sound in the evenings. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. SUB19-2: Applicant: Allen Development Location: Northwest corner of Moss Ridge Road and Highway 1 An application submitted by Allen Development for a Preliminary Plat and Sensitive Areas Development Plan for the Capital Subdivision, a 1-lot, 3.20-acre commercial subdivision located at the northwest corner of Moss Ridge Road and Highway 1. Russett began the staff report with a map of the project site, as well as a zoning map of the area. Russett noted the area was rezoned earlier this year to Commercial Highway and there were five conditions associated with that rezoning: 1. Prior to the issuance of a certificate of occupancy, closure and removal of the access road off of Highway 1. 2. No building permit shall be issued for the subject property until the City Council approves a final plat thereof that conforms to the zoning boundaries. 3. General conformance with the concept plan only in that a principal building must occupy the corner of Moss Ridge Road and Highway 1. 4. Prior to the issuance of a certificate of occupancy, installation of a 10-foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road. 5. Any development of the subject property shall be done in accordance with a detailed landscaping plan to be approved by the City Forester to ensure the development aligns Planning and Zoning Commission May 16, 2019 Page 3 of 14 with the comprehensive plan’s goal of preserving and enhancing the entranceways to the city. Russett showed the concept plan that was submitted with the rezoning and noted the area is designated as office, research development in the City’s Comprehensive Plan. It was originally intended for office use but the rezoning went through because the area would provide commercial support to the area employment centers that are in the area. The preliminary plat shows the 10-foot sidewalk along Highway 1 and a 5-foot sidewalk along Moss Ridge Road with pedestrian ramps and crossings across Moss Ridge Road. The preliminary plat also shows the access from Highway 1 would be closed. Russett stated according to FEMA data, this area is located in the 100-year and 500-year floodplain; however, in 2015 the property owner obtained permits from the City to fill in the site and raise it above the 500-year floodplain. The applicant has summited a map revision which has been reviewed by staff and forwarded on to FEMA so the floodplain maps will eventually be updated to show the current elevations. Regardless any project developed on this site will have to be compliant with the City’s floodplain management ordinance if it is still in a floodplain. Russett stated the next steps the preliminary plat and sensitive areas development plan along with the final plat will go to City Council and if then if the applicant and developer are ready to move forward with the site plan the stormwater management and floodplain management will be reviewed at that time. Staff recommends approval of SUB19-2, an application submitted by Allen Development for a preliminary plat of the Capital Subdivision, 1-lot, 3.20-acre commercial subdivision located at the northwest corner of Highway 1 and Moss Ridge Road. Hensch opened the public hearing. John Yapp (Allen Development) came forward to answer any questions the Commission might have. Hensch asked about the application for permits to raise the area above the 500-year floodplain. Yapp noted that was done by the previous property owner and the work has been completed. Yapp added there may still be an area in the floodplain but that will be where the stormwater management will be. Hensch closed the public hearing. Parsons moved to recommend approval of SUB19-2, an application submitted by Allen Development for a preliminary plat of the Capital Subdivision, 1-lot, 3.20-acre commercial subdivision located at the northwest corner of Highway 1 and Moss Ridge Road. Signs seconded the motion. A vote was taken and the motion passed 5-0. CASE NO. REZ18-00019: Applicant: M&W Properties Location: Northwest corner of Benton Street and Orchard Street Planning and Zoning Commission May 16, 2019 Page 4 of 14 An application submitted by M&W Properties for a rezoning of approximately 1.75 acres of property located at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single-Family Residential (RS-8) to Riverfront Crossings – Orchard Subdistrict (RFC-O). Heitner began the staff report showing an aerial view of the subject property and a map of the surrounding zoning of the property, the current zoning is RS-8, all the properties located to the immediate west and south are also zoned RS-8 there is an RFC-O zoning to the immediate northeast, which was a project also completed by this applicant in the last year. The intended development is for two multifamily buildings with a combined total of 125 units, each building would have the zone maximum height of three stories. In terms of compliance with the Comprehensive Plan, the Orchard Subdistrict was added to the Downtown Riverfront Crossings Master Plan in 2016. That subdistrict encompasses properties located along Orchard Street and Orchard Court north of Benton Street, and was created to encourage residential redevelopment that would serve as a transition between the higher intensity mixed-use area along Riverside Drive and the lower intensity single-family residential neighborhood to the west and south. Heitner noted there are several Master Plan objectives associated with the Orchard Subdistrict that deal with redevelopment that is complimentary to the mass and scale of the adjacent single family neighborhoods, transition from larger scale mixed-use and commercial to single-family uses and providing a high level of design in exchange for increased density. Heitner stated any neighborhood compatibility concerns should have been addressed during the 2017 Code Amendment process which established the Riverfront Crossings Orchard Subdistrict. He noted form-based standards will ensure high quality residential developments, and as mentioned earlier the maximum height for al buildings in this subdistrict is three stories with no height bonuses allowed. With respect to transportation and access staff did request a traffic study for the proposed development. The study determined the development would probably yield an additional 30 to 40 trips during the AM and PM peak hours (defined as 7am to 9am and 4pm to 6pm). Staff is not looking to signalize the intersection at this time because the results of the study do not yield a tremendous amount of additional trips and there is some concern about having a signal at that intersection as it would create the shortest signal to signal block area in the City. Additionally the applicant proposes to access the property development with a new driveway that will be built on what is hoped to be a vacated City right-of-way to the north. Staff is recommending the rezoning is contingent on approval of the right-of-way vacation. Staff is also requesting dedication of 15 feet of right-of-way along the Benton Street frontage to match right- of-way that was dedicated in property to the east at the Kum & Go as well as a continuation of the 6 foot sidewalk. In addition to the right-of-way dedication staff is recommending the condition that applicant install sidewalks built to Public Works specifications along Benton Street and Orchard Street. Heitner added a couple more conditions staff is recommending with respect to easements, first of which is a 30 foot wide from 330 Orchard Court south to Benton Street should there be a need to add a private drive along this area if there is future demand. Another 30 foot wide public easement would be required over the span of the pedestrian street. Heitner stated next steps pending approval from the Commission, a public hearing will be scheduled for consideration of the application from the City Council. Upon approval from the City Council, plans for the two multi-family residential buildings will be reviewed administratively through Site Plan Review and Design Review. Once these administrative reviews are complete, the applicant can file for any necessary building permits. Planning and Zoning Commission May 16, 2019 Page 5 of 14 Staff recommends approval of REZ18-00019, a proposal to rezone approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single-Family Residential (RS-8) to Riverfront Crossings – Orchard Subdistrict (RFC-O), subject to the following conditions: 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The rezoning is contingent upon City Council approval of VAC 19-1. 3. The developer shall dedicate 15’ of right-of-way along the north side of the Benton St. frontage to the City. 4. Construction of a 6’ wide sidewalk along the Benton St. frontage of the subject property. 5. Construction of a sidewalk along the Orchard St. frontage of the subject property. 6. Provision of a 30’ wide access easement running in a north-south direction from the driveway area north of the rezoning assemblage (pending right-of-way to be acquired by M&W), down to Benton St. 7. Construction of the pedestrian street as shown in the attached concept plan. 8. Dedication of a 30’ wide public access easement over the span of the pedestrian street. Heitner noted there was a proposed condition in the staff report regarding requiring a hammer-hear turnaround for fire/emergency response vehicles the proposed driveway area to the north of the rezoning assemblage. That condition was dropped as staff will examine options for emergency vehicle access during site plan review. Hektoen noted that condition 6 is the north/south easement down to Benton Street and it is her understanding the City owns the lot south of 330 Orchard Court so the City would have to impose an easement on its own property, the rest of the area is what the condition is imposing on the owner to dedicate. Martin asked about the sidewalks and if going towards the west at that width it will run into house there. Heitner said they do not have a concept for that sidewalk just yet, the intention is to fill in the gaps where there are sidewalks on Orchard Street. The Benton Street sidewalk will be pending the transition of the right-of-way and would allow for the sidewalk to be constructed. Signs stated the intent is to have the new sidewalk connect with the old sidewalk on Benton Street. Hensch noted under the Orchard District summary, development character section states one of the characters is that buildings should front tree-lined streets and there is no condition requiring approval of a landscaping plan by the City Forester to make sure that development characteristic is addressed. He also feels it would be wise to have a good mix of trees so that there is less chance of a total wipe-out due to disease (such as what happened to ash trees). Hensch questioned the need for Orchard Court to connect with Giblen Drive, it was discussed when the last development went in and wondered if it was discussed at this time. Russett stated it was discussed and staff decided instead of looking to access to the west to look at access to the south and that is why they are asking for the point of access easement. Townsend asked about a Good Neighbor Meeting, noting one was held in February 2016 for the Comprehensive Plan Amendment but wondered if another would be held for this development. Planning and Zoning Commission May 16, 2019 Page 6 of 14 Heitner stated it is staff’s understanding the applicant does not wish to hold a Good Neighbor Meeting for this particular rezoning. Hektoen stated the Good Neighbor Meetings were held during the Comprehensive Plan Amendment process and changes to the Zoning Code. Signs asked if the traffic study was done by City staff. Heitner replied it was done by an outside consultant. Hensch opened the public hearing. Mark Seabold (ShiveHattery) spoke on behalf of the applicant. He noted that during the Comprehensive Plan Amendment and initial rezoning process they did hold a Good Neighbor Meeting and had two Planning and Zoning meetings, the first one was deferred because of the level of neighborhood input which drastically changed their plans. Because of all that neighborhood input at that time he is not shocked to see no one from the public at this meeting, the rules were established at that time and they have followed them on phase 1 of the project and are now just looking to move forward with phases 2 and 3. Martin noted in one of the conditions there is talk of affordable housing, would that be part of this project. When doing affordable housing in the buildings, they have to pick a percentage of units to meet a certain level of poverty level and when she looked at the costs of the apartments it appears there is a very low damage deposit and wondered if that affected the affordable housing. Ryan Wade (M&W Properties) noted it doesn’t have anything to do with affordable housing. They have noticed over the years that when renting to professionals or graduate students they do not need to require such large damage deposits. Hensch asked about the landscaping plan, he noted the property to the north looks nice, and reiterated one of the fundamental characters of the zone is tree-lined streets and wants to add a condition of having a landscaping plan approved by the City Forester. Wade is agreeable to that and noted they plan to go above and beyond what is required by Code. Russett noted if the Commission would like street trees planted in the right-of-way if should be incorporated into the condition. Hektoen stated the vacation of the right-of-way application should also be discussed as it is a extraneous application and should it get approved and conveyed to the applicant it should be zoned consistent with the adjacent property and the legal description will include the vacated right-of-way. Hensch stated then it should be added to the vacation that the vacated right—of-way would be zoned RFC-O. Hensch closed the public hearing. Parsons moved to recommend approval of REZ18-00019, a proposal to rezone approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single-Family Residential (RS-8) to Riverfront Crossings – Orchard Subdistrict (RFC-O), subject to the Planning and Zoning Commission May 16, 2019 Page 7 of 14 following conditions: 11. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 12. The rezoning is contingent upon City Council approval of VAC 19-1. 13. The developer shall dedicate 15’ of right-of-way along the north side of the Benton St. frontage to the City. 14. Construction of a 6’ wide sidewalk along the Benton St. frontage of the subject property. 15. Construction of a sidewalk along the Orchard St. frontage of the subject property. 16. Provision of a 30’ wide access easement running in a north-south direction from the driveway area north of the rezoning assemblage (pending right-of-way to be acquired by M&W), down to Benton St. 17. Construction of the pedestrian street as shown in the attached concept plan. 18. Dedication of a 30’ wide public access easement over the span of the pedestrian street. 19. Landscaping plan approved by City Forester to include street-lined trees in the right-of-way. 20. The vacated land from VAC19-1 be zoned RFC-O as well. Signs seconded the motion. Martin noted this application is a nice way to implement the missing middle concept that has been discussed in the past and it will be a nice density for the area. Hensch and Parsons agreed this will fit well into the area and a benefit to the neighborhood. Hensch noted the buildings in phase 1 turned out exactly as shown in the concepts and are very lovely. Signs acknowledged some concern regarding traffic at the corner of Orchard and Benton Streets, thinking 125 units will only generate 30-40 cars during rush hour seems light. Martin hopes with the proximity to the University perhaps it will be less vehicles and more bicycling or walking. Hensch agreed and said when the tunnel under the railroad tracks on Riverside Drive is complete that will encourage more people to walk. Signs also acknowledged the building in phase 1 was done nicely and is encourage the new buildings will be just as nice. A vote was taken and the motion passed 5-0. CASE NO. VAC19-1: Applicant: M&W Properties Location: North of Benton Street, off Orchard Court. An application submitted by M&W Properties for a vacation of approximately 4,482 square feet of public right-of-way located north of Benton Street off of Orchard Court. Heitner showed an aerial image of the subject property. It is a bit of irregular shape, lengthwise it is from 310 feet to 410 feet, depending on where on Orchard Court it is measured from, the width is about 25 feet wide narrowing down to about 10 feet further west. The applicant intends to convert the right-of-way area into a private drive for future multifamily development, the applicant owns the majority of the property to the south of the subject area. Heitner noted when doing Planning and Zoning Commission May 16, 2019 Page 8 of 14 analysis on these right-of-way vacations, the following factors are to be considered: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Impact on access of adjacent private properties; d) Desirability of right-of-way for access or circulation needs; e) Location of utilities and other easements or restrictions on the property; f) Any other relevant factors pertaining to the specific requested vacation. With regards to impact on pedestrian and vehicular access and circulation Heitner stated the right-of-way as currently situated is not being used. It is the expectation that the existing sidewalk along the west side of Orchard Court will continue across the planned driveway intersection with Orchard Court. There should be no effect on pedestrian circulation on Orchard Court. Impact on emergency and utility vehicle access and circulation would not be affected, there is not current emergency service access provided in the right-of-way. The intended driveway will be available to emergency personnel for individuals in the proposed development. Impact on access of adjacent private properties is also not an issue as the right-of-way has not been used for public use and staff has not been contacted by any adjacent residents stating they use the right-of-way. With regards to desirability of right-of-way for access or circulation needs Heitner stated staff is not aware of any desire from adjacent residents to maintain the right-of-way as a means of access. Additionally City staff has no plans to build a roadway in the right-of- way. With regards to the location of utilities and other easements or restrictions of the property there is one utility company that has disclosed they have fiber communication lines running beneath the right-of-way area. Unless the utility company abandons use of this area the City will need to retain a utility easement over the utility area. Finally, for any other relevant factors pertaining to the specific requested vacation the applicant has offered to purchase the area to be vacated and Council will review and considered that conveyance. In summary, the subject right-of-way is currently unimproved, and is not being used by any adjacent residents. The applicant intends to purchase this land from the City and convert the right- of-way area into a private driveway to provide daily and emergency service access to residents of two planned multi-family buildings. A rezoning for 1.75 acres of land located to the south of the right-of-way area is contingent upon City Council approval of this right- of-way vacation. In terms of next steps, City Council will consider both the vacation and conveyance of this land. Staff recommends the approval of VAC19-1, a vacation of the right-of-way west of Orchard Ct. and north of 330, 226, 224, and 650/652 Orchard Ct. in Iowa City, IA. Hensch asked what the original purpose of the right-of-way was. Heitner said he was not able to find that information in his research of the property. Martin thought part of the area was already vacated. Hensch opened the public hearing. Mark Seabold (ShiveHattery) came forward to answer any questions. There were no questions for the applicant. Hensch closed the public hearing. Planning and Zoning Commission May 16, 2019 Page 9 of 14 Parsons moved to recommend approval of VAC19-1, a vacation of the right-of-way west of Orchard Ct. and north of 330, 226, 224, and 650/652 Orchard Ct. in Iowa City, IA. Townsend seconded the motion. A vote was taken an the motion carried 5-0. CASE NO. REZ19-4: Applicant: Randy Miller Location: Southwest corner of E. 1st Street and S. Gilbert Street An application submitted by Randy Miller for a rezoning of approximately 0.20 acres of property located at the southwest corner of E. 1st Street and S. Gilbert Street from Intensive Commercial (CI-1) to Riverfront Crossings – South Gilbert (RFC-SG). Heitner showed an aerial image of the subject property. The surrounding zoning shows the properties to the south and west have already been rezoned to RFC-SG in 2015 and 2016 and this is the last piece of that rezoning assemblage. The proposed rezoning is intended for Phase Three of The Crossings development. The Riverfront Crossings – South Gilbert Zone is a form- based zone which allows for a mix of commercial and residential uses, the Zoning Code requires retail storefront frontage along South Gilbert Street, buildings must be located close to and oriented towards South Gilbert Street ideally with improved streetscape designs to provide an attractive pedestrian environment or plan for this Zone and parking is situated behind or inside of the buildings. In terms of consistency with the Comprehensive Plan, this area is designated to be rezoned same as the other adjacent properties in the Riverfront Crossings – South Gilbert Zone. That also concurs with the compatibility with the existing neighborhood character and Heitner showed concepts for buildings in this development, a building completed in Phase One and the buildings under construction in Phase Two. Heitner noted this area is shifting from a light industrial area to a form-based mixed use area and is more pedestrian oriented. With respect to traffic and pedestrian circulation staff is recommending a condition that 40 feet of right- of-way on South Gilbert Street be dedicated to the City at final platting. This right-of-way dedication is the same request that was made at 1201 and 1225 South Gilbert Street, south of the subject property and the purpose of this condition is to keep the right-of-way contiguous. Staff is also requiring sidewalks along East 1st Street and South Gilberts Street frontages of the subject property at final platting. Heitner also added any planned parking in the subject property will be reviewed at design review. Next steps, pending approval from this Commission, a public hearing will be scheduled for consideration of the application from the City Council. There is currently an application to replat Lot 6 of Phase Two of The Crossings together with the subject parcel from this rezoning application which will come before the Commission and Council as well. Upon approval of preliminary and final platting, the development will undergo administrative Site Plan and Design Reviews, before building permits are issued. Staff recommends approval of REZ19-4, a request to rezone approximately 0.20 acres of property located at the southwest corner of E. 1st St. and S. Gilbert St. from Intensive Commercial (CI-1) and (P-1) to Riverfront Crossing-South Gilbert (RFC-SG), subject to the following conditions: Planning and Zoning Commission May 16, 2019 Page 10 of 14 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The developer shall dedicate 40’ of right-of-way along the west side of the S. Gilbert St. frontage to the City. Parsons asked about the two buildings currently under construction to the south and if there would be commercial on the ground floor or if the whole building is residential. Russett stated those buildings are all residential, they are considered interior to the lot, the City has not received any plans for the area where the commercial is required on South Gilbert Street. Parsons asked where the parking is for the residential buildings. Russett said the parking lot that is in front of those two buildings will not remain and there are plans for development there. Martin raised the issue of turning into this area from Gilbert Street and noted getting in and out of the building that houses Red Ginger is incredibility difficult. She is also concerned about pedestrian safety in this area. Heitner stated there would be some pedestrian infrastructure put in place in the 40 foot right-of-way and there will be improvements from what is there currently. Hensch opened the public hearing. Randy Miller (3855 Locust Ridge Road, North Liberty) is the applicant for this rezoning and came forward for questions. He noted they did removed the cement block building on the parcel and have tried to clean up the area. The proposed building will follow the same concepts as the other buildings in Phases One and Two. Signs asked if the street west of building one will connect with 1st Street. Miller confirmed it would. Miller also addressed the pedestrian issues and is trying to get a pedestrian crossing put in by 2nd Street and have a formal bus stop in the area. Parsons asked about concerns for parking once the area is developed. The Alexander Lumber parking lot was used heavily for people who go to Big Grove and once that parking lot is development he wonders where all the people will park. Miller said they are working on some idea, there are currently about 70 parking spaces in that lot and when the next two buildings are done there will still be about 70 spots, they will just be around the building. He also feels once the sidewalks are in and the park is complete more people will walk and bike to the area. Hensch closed the public hearing. Parsons moved to recommend approval of REZ19-4, a request to rezone approximately 0.20 acres of property located at the southwest corner of E. 1st St. and S. Gilbert St. from Intensive Commercial (CI-1) and (P-1) to Riverfront Crossing-South Gilbert (RFC-SG), subject to the following conditions: 3. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 4. The developer shall dedicate 40’ of right-of-way along the west side of the S. Gilbert St. frontage to the City. Townsend seconded the motion. Planning and Zoning Commission May 16, 2019 Page 11 of 14 A vote was taken and the motion carried 5-0. CASE NO. CU19-1: Applicant: S & G Materials Company, Inc. Location: 4059 Izaak Walton League Road SE, Fringe Area C An application submitted by S & G Materials Company, Inc. for a conditional use permit for extended hours of operation for property located at 4059 Izaak Walton League Road SE in unincorporated Johnson County, Fringe Area C. Russett showed an aerial of the subject property, it is located along the Iowa River south of Iowa City and outside the City’s Growth Boundary. Most the surrounding area is zone agricultural. In terms of background on this request and why the Commission is reviewing the application, Russett stated the Johnson County Zoning Ordinance permits cities to review the conditional use permits for applications within their two mile fringe area. The recommendation from this Commission will go to Council and their recommendation will be forwarded onto the Johnson County Board of Adjustment. In 2000 this property was granted a conditional use permit for the sand mining operations. In 2006 there was a second conditional use permit was granted to expand the sand mining operations and in 2010, an amendment was issued for the previous conditional use permit to allow concrete and asphalt recycling on a temporary basis, and then in 2016, the applicant was granted a conditional use permit to conduct sand and gravel mining on the southernmost portion of their property. The City concurred with approval of all of these previous permits. The current request is to expand current hours of operation for the mining of sand and gravel materials. The current hours of operation are 7 AM – 5 PM Monday through Friday and 7 AM - 12 PM on Saturday. They are proposing new hours of 7 AM – 7 PM Monday through Friday from March 1 – April 30 (to deal with flooding events) and October 1 – December 1 (to deal with winter storm events). The Saturday hours will remain the same. Russett also noted all the conditions currently associated with this permit would be carried forward. Russett showed a map from the applicant showing the areas where they are currently mining, there are two areas, Bright Farm North and Bright Farm South and the extended hours of operation would apply to both these areas. 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 expand its hours of operation for the mining of sand and gravel materials at 4059 Izaak Walton Road SE be approved subject to the existing conditions. Martin questioned what the area of distance for the County to notify neighbors of changes. Russett believes it is also 300 feet. Martin noted there are a lot of houses in that area that are likely more than 300 feet away but in the past there have been complaints about the noise. She asked if the extended hours would only be in cases when they are needed, in case of flooding or storms, and Russett confirmed that was the plan. Parson questioned the time period of October 1 – December 1 for winter storm events when most of the snow will fall after December 1. Hensch presumes it is to get stock piles ready for events later in the season. Hensch asked how far it was to the Iowa City limits. Russett said it is pretty far north and not shown on the map provided. Hensch also acknowledged disappointment that there was no Planning and Zoning Commission May 16, 2019 Page 12 of 14 applicant representative present because he wanted to ask about a telephone on a public address system that he can hear from his house in the south side of Iowa City and it appears to be coming from a quarry operation. When there is a phone call it rings loudly so the workers in the quarry can hear it but then so can all of the south side of Iowa City. He asked if the City can put any stipulation on this approval like noise control. Martin agrees, noise concerns should be incorporated into the letter that goes forward. Hensch noted it would be best to address it now rather than after there are issues and complaints from neighbors. Hensch opened the public hearing. Seeing no one, Hensch closed the public hearing. Signs moved to recommend 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 expand its hours of operation for the mining of sand and gravel materials at 4059 Izaak Walton Road SE be approved subject to the existing conditions with a note the Johnson County Board of Adjustment address concerns regarding amplified sound in the evenings. Parsons seconded the motion. A vote was taken and the motion carried 5-0. CONSIDERATION OF MEETING MINUTES: APRIL 18, 2019 Townsend moved to approve the meeting minutes of April 18 2019. Parsons seconded. A vote was taken and the motion passed 5-0. PLANNING AND ZONING INFORMATION: Russett noted the Forest View rezoning and preliminary plat Council continued the public hearing for several meetings and voted on the first consideration at the last meeting, the vote was 7-0 in favor of the rezoning. There have been a few changes to the project, a major one is Council has removed the gas station and that parcel of land will be dedicated to the City as public open space. Also the three local landmark items that came before the Commission were all approved by Council (Senior Center, Ned Aston House and City Park Cabins). Russett also noted July 4 is on a Thursday this year, so the meeting will be rescheduled to July 3. Also staff is working on a form-based code with a consulting firm for a portion of the South District and the consulting firm will be in town July 24 and staff is hoping to have a joint Council and Commission work session to discuss the project. Planning and Zoning Commission May 16, 2019 Page 13 of 14 Adjournment: Townsend moved to adjourn. Parsons seconded. A vote was taken and the motion passed 5-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018 - 2019 3/15 (W.S.) 4/2 4/5 (W.S) 4/16 4/19 5/3 5/17 6/7 6/21 7/5 8/16 9/6 9/20 10/18 12/20 1/3 BAKER, LARRY -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X O/E X X DYER, CAROLYN O/E X O/E X X X X X O/E X O O/E O X X X FREERKS, ANN X X X X X O/E X X X ‘-- -- ‘-- -- ‘-- -- ‘-- -- ‘-- -- ‘-- -- ‘-- -- HENSCH, MIKE O/E X X X X X X X X X X X X X X X MARTIN, PHOEBE X X X X X X X X X X X X X X X O/E PARSONS, MAX X X X X X X X X X X X O/E X X X X SIGNS, MARK X X X X X X X X X X X X X X X X THEOBALD, JODIE X X X X X X X X O/E ‘-- -- ‘-- -- ‘-- -- ‘-- -- ‘-- -- ‘-- -- ‘-- -- TOWNSEND, BILLIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X O/E X 1/17 (W.S.) 2/4 2/21 3/7 3/21 4/4 4/18 5/16 BAKER, LARRY X X X X X X X O/E DYER, CAROLYN O/E X X X X X X O/E FREERKS, ANN -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE X X X X O/E X X X MARTIN, PHOEBE X O/E X X X O/E X X PARSONS, MAX X X X X X X X X SIGNS, MARK X X X X X O/E X X THEOBALD, JODIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE X X X O/E X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member