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HomeMy WebLinkAboutPZ Agenda Packet 05.07.2020PLANNING AND ZONING COMMISSION Thursday, May 7, 2020 Electronic Formal Meeting – 7:00 PM Zoom Meeting Platform Agenda: 1. Call to Order 2. Roll Call 3. Public Discussion of Any Item Not on the Agenda 4. Case No. REZ20-01 Applicant: Focus Development Location: 1335 Highway 1 West An application submitted by Focus Development for a rezoning from Intensive Commercial (CI-1) to CI-1 for approximately 0.53 acres of land located at 1335 Highway 1 West. The request is to modify the conditions associated with the property’s zoning designation in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving othe r than sidewalks. Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by joining the Zoom meeting via the internet by going to https://zoom.us/j/93634667393?pwd=NHBQTFVtMFUrc3V5T3pPbVVIS VF4dz09. If you have no computer or smartphone, or a computer without a microphone, you can call in by phone by dialing (312) 626- 6799 and entering the meeting ID 936-3466-7393 when prompted. Providing comment in person is not an option. Planning and Zoning Commission Meeting May 7, 2020 5. Consideration of Meeting Minutes: April 2, 2020 6. Planning & Zoning Information 7. 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: May 21 / June 4 / June 18 Informal: Scheduled as needed. STAFF REPORT To: Planning and Zoning Commission Prepared by: Ray Heitner Item: REZ20-01 Date: May 7, 2020 GENERAL INFORMATION: Applicant: Focus Development 2491 Oakdale Blvd, Suite 201 Coralville, IA 52241 319-512-2322 benl@focusdevco.com Contact Person: Ben Logsdon 2491 Oakdale Blvd, Suite 201 Coralville, IA 52241 319-52-2322 benl@focusdevco.com Owner: GRD Clinics 1805 State St Bettendorf, IA 52722 319-512-2322 benl@focusdevco.com Requested Action: Rezoning from Intensive Commercial (CI-1) to CI- 1. The request is to modify the conditions associated with the property’s zoning designation in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving other than sidewalks. Purpose: To obtain a reduced setback area for property located at 1335 Hwy. 1 West. Location: 1335 Highway 1 West 2 Location Map: Size: Approximately 0.53 acres Existing Land Use and Zoning: Commercial, Intensive Commercial (CI-1) Surrounding Land Use and Zoning: North: CI-1 – Intensive Commercial (Commercial) RS-5 – Low Density Single-Family Residential (Residential) South: C1-2 – Intensive Commercial (Commercial) East: CI-1 – Intensive Commercial (Commercial) West: CI-1 – Intensive Commercial (Commercial) RM-12 – Low Density Multi-Family Residential (Residential) Comprehensive Plan: Intensive Commercial District Plan: South Central District Neighborhood Open Space District: N/A Public Meeting Notification: Property owners located within 300’ of the project site received notification of the Planning and Zoning Commission public meeting. Rezoning signs were also posted on the site. File Date: April 20, 2020 45 Day Limitation Period: June 4, 2020 3 BACKGROUND INFORMATION: In February of 1993 the City annexed and rezoned the subject property (Ord. 93-3563), referred to as the Dane tract, from County Commercial (C-2) and County Rural (A-1) to Intensive Commercial (CI-1). The rezoning was subject to a conditional zoning agreement (CZA) which specified infrastructure improvements and design requirements for development of the site.1 An application has been submitted by Focus Development for a rezoning from Intensive Commercial (CI-1) to CI-1 for approximately 0.53 acres of land located at 1335 Highway 1 West. The request is to modify the conditions associated with the property’s zoning designation in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving other than sidewalks. With this rezoning request, the CI-1 zoning will be maintained, but a new ordinance and conditional zoning agreement will be drafted. The conditions of the new ordinance area listed below. a. The development shall have only one access onto Highway 1 which shall be located at Sunset Street. No additional vehicle access points onto Highway shall be permitted. b. No outdoor storage of merchandise or material shall occur within 100 feet of the Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right- of-way shall be screened with a solid wall at least 6 feet in height. A planted landscape bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall submit a concept plan illustrating a tree planting plan for landscape beds, to be approved by the Director of Development Services. c. There shall be a 10-foot setback from Highway 1, which shall be landscaped with ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or paving other than sidewalks shall be allowed within this 10-foot setback. d. Prior to the issuance of a building permit, approval of a landscaping plan by the City Forester, consisting of ornamental trees and a mixture of evergreen and deciduous shrubs to be located within the reduced setback area. e. Provision of an access easement along the west side of the landscaped area of a size and in a location to be determined in coordination with the City Engineer, which shall be dedicated to the City, in a form of agreement acceptable to the City Attorney. ANALYSIS: Current Zoning: The property is currently zoned Intensive Commercial (CI-1). The purpose of 1 In February of 1996, the CZA was amended to eliminate a requirement to provide access to the property to the south (Ord. 96-3721). This condition was originally written in the CZA to ensure access would be provided to the current airport property, should the airport relocate from its existing location and subsequently redevelop. Because it was decided to keep the airport at its existing location, this condition was removed. 4 the CI-1 zone is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. The subject property, along with what is currently known as 1375, 1411, and 1445 U.S. Highway 1 West, were annexed into the City and rezoned to the current CI-1 zoning designation in 1993, with the intent of accommodating development of a Menards home improvement store on the property assemblage (referred to in the CZA as the Dane tract). When the CI-1 zoning was put into place, staff had concerns about the property’s aesthetics, particularly as this new shopping center would act as a southwestern gateway into the City. Concerns regarding aesthetics and traffic circulation were addressed in the CZA through the provision of adequate landscaping, screening and buffer yards, the coordination of individual building design throughout the Dane tract assemblage, and the provision of an adequate traffic circulation route for the Dane tract and adjacent parcels. While past staff reports do not provide a specific reason as to why a 30-foot setback from Highway 1 is required, staff believes this condition was put into place to provide a generous amount of landscape screening and yard buffering from the parking and outdoor storage areas of the Menards property and Highway 1. Proposed Zoning: Condition 4(o) from the existing CZA currently states the following, “There shall be a 30-foot setback from Highway 1, which shall be landscaped with a mixture of evergreen and deciduous trees. No parking or paving other than sidewalks shall be allowed within this 30-foot setback.” The subject rezoning request wishes to reduce the required setback from Highway 1 West from 30 feet to 10 feet, with landscaping placed in the newly reduced setback area. The applicant has asserted that reducing the setback requirement will maintain consistency with the setback of the recently developed parcel at 1275 Highway 1 West, in addition to other commercial areas located to the south and east of the subject property along Highway 1 West. Staff recognizes that the purpose and surrounding character of the subject property and Dane tract assemblage has changed since the CZA was originally drafted in 1993. First, the Menards store which previously occupied 1375 Highway 1 West has since been relocated. However, as long as the CI-1 zoning is in place at this location, uses of similar intensity and character may take residence at the former Menards site. Second, the Dane tract assemblage no longer acts as a gateway to the city. Various forms of commercial development have since located in areas more adjacent to the Highway 1/Route 218 interchange, with the southwestern City limits now pushed west of Route 218. Finally, the property located directly east of the subject property, at 1275 Highway 1 West, built a parking lot with a setback distance similar to the requested 10-foot setback the applicant is proposing for the property at 1335 Highway 1 West. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezonings: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. 5 Consistency with the Comprehensive Plan: The current CI-1 zoning designation complies with the future land use direction of Intensive Commercial set forth in the Comprehensive Plan. The South Central District Plan also recognizes this area as suitable for Intensive of Highway Commercial use. The District Plan calls out the need to upgrade landscaping and pedestrian access along commercial corridors on Highway 1, as properties develop and redevelop along the corridor. The proposed CZA amendment would result in new paving being laid down in the newly reduced setback area on 1335 Highway 1 West. The new paving would result in the loss of four mature honey locust trees. To mitigate this loss, staff is proposing that a condition of the CZA be the provision of a landscaping plan, containing a mixture of ornamental trees and shrubs in the reduced setback area that will be approved by the City Forester. Staff is also recommending a condition of the rezoning be the provision of an access easement along the west side of the property that would allow for a potential future crosswalk across Highway 1 and connect the subject property with the existing trail network along the north side of Highway 1 West. Compatibility with the Existing Neighborhood Character: The surrounding neighborhood is generally comprised of Intensive Commercial (CI-1) zoning and land use. Low density single-family residential housing can be found on the north side of Highway 1 West. Despite the CZA’s original intention to have the existing 30-foot setback area landscaped with a mixture of evergreen and deciduous trees, the setback area has seen very little landscaping installed over the years. The subject property does contain four honey locust trees that have since reached maturity. The property at 1441 Highway 1 West does not contain a ny trees or shrubs in the setback area, while the property at 1445 Highway 1 West contains a small tree and shrub mixture along the northern edge of its parking lot. The property to the east, located at 1275 Highway 1 West, is not a part of the Dane tract assemblage. This property was developed in 2017, and its parking lot is setback about 10 feet from the Highway 1 right-of-way. The setback area on this lot is landscaped with a mixture of shrubs and ornamental tall grass. It is possible that landscaping enhancements to the reduced setback area on 1335 Highway 1 West will match the existing landscaping at 1275 Highway 1 West. While the new landscaping in this area would provide some variety in trees and shrubs closer to Highway 1, it would also result in the loss of four existing trees and alter the setback line for the adjoining Dane tract properties to the west. To help preserve the existing Highway 1 West corridor aesthetic, the new ordinance will carry over an existing condition on the subject property that does not allow outdoor storage of merchandise or material within 100 feet of the Highway 1 right-of-way. Traffic Implications and Access: The proposed additional paving will provide a means of internal access along the north side of the building. To reduce points of conflict with Highway 1 West, the new ordinance will carry over an existing condition on the subject property that will not allow new curb cuts onto Highway 1 West. The subject property does have access to the greater development’s interior access road, which leads to a drive that provides access to the Hwy 1 West and Sunset Street intersection. Staff does not believe that the rezoning will result in any major traffic implications. Utilities: A sanitary sewer easement spans the existing 30-foot wide setback area. The 6 sanitary sewer main runs beneath the middle of the easement area. Public Works staff has indicated that they are comfortable with additional paving in this area but are reluctant to allow large trees within the proposed 10-foot wide setback area. Because of the nearby sanitary sewer main as well as the existence of overhead power lines that run near the proposed setback area, any replacement landscaping in the reduced setback area would consist of a mixture of smaller, ornamental trees and shrubs. NEXT STEPS: Upon recommendation of approval of the rezoning from the Planning & Zoning Commission, a public hearing will be scheduled for consideration of the application by City Council. STAFF RECOMMENDATION: Staff recommends that an application submitted by Focus Development for a rezoning from Intensive Commercial (CI-1) to CI-1 for approximately 0.53 acres of land located at 1335 Highway 1 West be approved, subject to the following conditions: 1. The development shall have only one access onto Highway 1 which shall be located at Sunset Street. No additional vehicle access points onto Highway shall be permitted. 2. No outdoor storage of merchandise or material shall occur within 100 feet of the Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right- of-way shall be screened with a solid wall at least 6 feet in height. A planted landscape bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall submit a concept plan illustrating a tree planting plan for landscape beds, to be approved by the Director of Development Services. 3. There shall be a 10-foot setback from Highway 1, which shall be landscaped with ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or paving other than sidewalks shall be allowed within this 10-foot setback. 4. Prior to the issuance of a building permit, approval of a landscaping plan by the City Forester, consisting of ornamental trees and a mixture of evergreen and deciduous shrubs to be located within the reduced setback area. 5. Provision of an access easement along the west side of the landscaped area of a size and in a location to be determined in coordination with the City Engineer, which shall be dedicated to the City, in a form of agreement acceptable to the City Attorney. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Concept Plan 4. Concept Landscape Plan 5. Ordinance No. 96-3721 7 Approved by: _________________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator, Department of Neighborhood and Development Services WYLDEGREENRDWILLOW CREEK CTSUNSETSTEALING DRA S HLEY DR ABER AVE CARDIFFCIR EDINGALE D R WREXHAM DR WILLOW CREEK DR HIGHWAY 1 WHIGHWAY 1 WREZ20-011335 Highway 1 Westµ 0 0.065 0.130.0325 Miles Prepared By: Jade PedersonDate Prepared: Feb 2020 An application submitted by Focus Development for a rezoning of 0.53 acres located at 1335 Highway 1 W for the revision of conditions from previous CZA's. WYLDEGREENRDWILLOWCREEKCTSUNSETSTEALING DRASHLEYDR ABER AVE CARDIFFCIR EDINGALE D R WREXHAM DR WILLOW CREEK DR HIGHWAY 1 WHIGHWAY 1 WRS5 P1 CI1 RS12 CC2 RM12 REZ20-011335 Highway 1 Westµ 0 0.065 0.130.0325 Miles Prepared By: Jade PedersonDate Prepared: Feb 2020 An application submitted by Focus Development for a rezoning of 0.53 acres located at 1335 Highway 1 W for the revision of conditions from previous CZA's. D (319) 351-8282 LAND PLANNERS LAND SURVEYORS CIVIL ENGINEERS LANDSCAPE ARCHITECTS IOWA CITY, IOWA 52240 MMS CONSULTANTS, INC. ENVIRONMENTAL SPECIALISTS www.mmsconsultants.net 1917 S. GILBERT ST. 04-20-20 PER CITY COMMENTS -JDM 1335 HIGHWAY 1 W D AND L SUBDIVISION LOT 1 IOWA CITY JOHNSON COUNTY STATE OF IOWA 02-13-2020 JDM MAK JDM IOWA CITY 7331-055 1270,1273,1275 0.53 AC. CONDITIONAL ZONING AGREEMENT EXHIBIT 1 1"=20' GRAPHIC SCALE IN FEET 0 1"=20' 2 5 10 15 20 NOT TO SCALE LOCATION MAP 1335 HIGHWAY 1 W HWY 1218CONDITIONAL ZONING AGREEMENT EXHIBIT 1335 HIGHWAY 1 WEST IOWA CITY, IOWA HIGHWAY 1 (NORTHBOUND LANES)O:\7331\7331-055\7331-055X.dwg, 4/20/2020 2:11:30 PM, jdm (7) PA (7) PA (4) CS (3) CS (3) CS MP SR MP SR MP (319) 351-8282 LAND PLANNERS LAND SURVEYORS CIVIL ENGINEERS LANDSCAPE ARCHITECTS IOWA CITY, IOWA 52240 MMS CONSULTANTS, INC. ENVIRONMENTAL SPECIALISTS www.mmsconsultants.net 1917 S. GILBERT ST. 1335 HIGHWAY 1 W D AND L SUBDIVISION LOT 1 IOWA CITY JOHNSON COUNTY STATE OF IOWA 04-17-2020 JDM BAH JDM IOWA CITY 7331-055 1270,1273,1275 0.53 AC. LANDSCAPE PLAN 1 1"=20' GRAPHIC SCALE IN FEET 0 1"=20' 2 5 10 15 20 NOT TO SCALE LOCATION MAP 1335 HIGHWAY 1 W HWY 1218LANDSCAPE PLAN 1335 HIGHWAY 1 WEST IOWA CITY, IOWA HIGHWAY 1 (NORTHBOUND LANES)O:\7331\7331-055\7331-055L.dwg, 4/20/2020 2:09:41 PM, jdm MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION APRIL 2 , 2020 – 7:00 PM – ELECTRONIC FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL Zoom Meeting Platform MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: STAFF PRESENT: Ray Heitner, Sara Hekteon, Anne Russett OTHERS PRESENT: John Yapp, Sara Barron, Sara Downes, Todd Fleming, Jane Brown RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission recommends approval of REZ 19-13, an application for a rezoning from Interim Development – Single- Family Residential (ID-RS) to Low Density Multi- Family Residential (RM-12) for approximately 10.64 acres, Low Density Single-Family Residential (RS-5) for approximately 22.51 acres, and Neighborhood Public (P-1) for approximately 2.14 acres with the following conditions (condition one is a carryover from the prior rezoning of this property): 1. The developer satisfies the Comprehensive Plan’s Annexation Policy, as stated in Resolution 18-211, the City's affordable housing agreement with annexation. 2. No building permit shall be issued for any development on the subject property until the Council approves final plat; resubdividing the subject property to conform with zoning boundaries established by the rezone. 3. Any development on the subject property shall generally conform to the attached concept plan dated February 26, 2020, which will include the extension of Eastbrook Street to the future north-south street and the development of single-family, townhouse and stacked-flat multi-family housing as shown in said concept plan. 4. Trail connections to the City’s park and trail networks are provided as shown in the attached concept plan. The trail connection on the property’s far west side must be built to the northern property line. The trail connection between Lots 23 and 24 must be made all the way to the existing trail on City property. The developer shall be responsible for installing these trails at such time as described in a subdivider’s agreement to be executed at the time any portion of this land is subdivided, and in accordance with the specifications for such improvements as to be set forth therein. 5. That a permanent drainage easement from the American Legion Road improvement Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting was held because a meeting in person was impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. Planning and Zoning Commission April 2, 2020 Page 2 of 10 project be dedicated to the City in a form of agreement acceptable to the City Attorney at the time of platting at a location to be determined by Public Works staff. 6. At platting, traffic calming measures, such as traffic circles, narrower lane widths, etc., must be incorporated to the satisfaction of City staff to address concerns related to speeding. 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. CZ19-13: Applicant: Allen Homes, Inc. Location: Near Eastbrook Street and American Legion Road An application submitted by Allen Homes, Inc. for a rezoning from Interim Development Single- Family (ID-RS) to Neighborhood Public (P-1) for approximately 2.14 acres, Low Density Multi- Family Residential (RM-12) for approximately 10.64 acres, and Low Density Single-Family Residential (RS-5) for approximately 22.51 acres near the intersection of Eastbrook Street and American Legion Road. Heitner began the staff report showing an aerial image of the subject property. He pointed out there are three different zones requested for this rezoning, RS-5, RM-12 and P-1. Heitner next showed the surrounding existing zoning. Regarding background on the application, Heitner noted the subject property did file for an annexation and rezoning to ID-RS and that was approved by City Council earlier this year with following three conditions. One, the annexation and rezoning would have to abide by the City's Affordable Housing Policy Resolution 18-211; second a condition related to some additional right-of-way to the City; and third, a conveyance on a temporary construction easement to the City along the north side of American Legion Road. As Heitner noted, the proposed rezoning would involve three different zones. First, would be RM- 12 for about 10.64 acres. The RM-12 zone allows for high density single-family and low density multifamily. It's intended to provide a diverse variety of housing options, such as detached and attached single family, duplexes and multifamily. The proposed concept shows 110 units in the RM-12 zoned area. Second is 22.51 acres of RS-5 zoning which is primarily intended for single family housing options. There is some flexibility in terms of attached single family zero-lot line but standard single families is normally what is seen in RS-5. The proposed concept shows 56 single-family residential lots in that area. The final zone requested with this rezoning is a P-1 for 2.14 acres and is intended for a future City fire station. Heitner stated that P-1 zones typically accommodate civic uses like schools, arts, police, fire stations, etc. In terms of what staff looks at for rezoning review criteria is consistency with the Comprehensive Plan and compatibility with existing neighborhood character. Heitner noted the subject property lies within the Southeast District Plan and there's a couple of residential areas within that Plan Planning and Zoning Commission April 2, 2020 Page 3 of 10 that overlap the subject property one which envisions a density of about 2 to 8 dwelling units per acre and is generally suited for single-family housing. The other area in the Plan in the southwest portion of the subject property calls for medium to high-density single family and townhouse housing within that area which is a density of about 8 to 13 dwelling units per acre. Heitner next showed a view of the associated concept plan with this proposed rezoning. He pointed out the single-family housing proposed in the concept would fall in line with RS-5 area and noted there's 6 townhouse units at the southwest corner acting as a bit of a transition from the single family housing on the east side to the multifamily housing that would be in the southwest portion of the subject property. He then pointed out the intended fire station in the P-1 area. In terms of consistency with Comprehensive Plan there were a few goals outlined in the Comprehensive Plan. One is the rezoning and the associated concept highlight a few of the housing element goals and create a mix of housing types proposed within this neighborhood. Second is development on smaller lots to conserve land and potentially allow for affordable single-family housing options. And then lastly, concentrating new development areas contiguous to existing neighborhoods where it's costly to extend infrastructure and services. Heitner noted the last point was the one that was touched on pretty heavily in the prior rezoning with this property with respect to the current City limits surrounding the property on three sides, this subject property was specifically called out in the Southeast District Plan as property that would be ripe for development. The land use element goal from the Comprehensive Plan is viewed as being compatible with the associated concept recognizing the important relationship between transportation land use by requiring new neighborhoods to be designed in a manner that contributes to the larger, interconnected street pattern, providing safe, efficient and orderly movement of vehicular and pedestrian and bicycle traffic. Heitner noted the associated concept has slightly more dense than is planned in that southwest area, the density of the concept is about 14 dwelling units per acre and the Comprehensive Plan call for density about 8 to 13 dwelling units per acre. Staff is recommending a condition that the development of a subject property generally conforms to the attached concept plan and they want to recommend this to ensure that policy goals he just highlighted and the Comprehensive Plan with respect to neighborhood connectivity and housing scale are accomplished. In terms of compatibility with the existing neighborhood he showed a map with a snapshot of the existing zoning and the RS-5 that the application is proposing along the east side of subject property is in line with what's seen as a predominantly RS-5 area east in the Windsor West neighborhood. The stacked flat housing from the concept plan in the southwest portion of the subject property is in terms of density and intensity similar to what exists in the Eastbrook Flats area to the west. Heitner showed a pictometry view from 2017 and highlighted the Eastbrook Flats area. He pointed out the subject property and the Windsor West neighborhood and then a closer view of the EastBrook Flats area to get a decent feel for the form and intensity there. Heitner noted with respect to sanitary sewer and stormwater, the standard water main extension fee will be applicable for this development. There is an existing storm water detention easement that kind of covers most of the northern portion of the subject property. The boundaries of that easement will need to be adjusted and City engineers and public works have had discussions with the applicants engineer about trying to adjust that storm water detention a bit to fit on outlot A on the concept. So far from what they have gone over in the review of the concept, they believe that there'll be sufficient stormwater capacity and that outlot Planning and Zoning Commission April 2, 2020 Page 4 of 10 With respect to access and street design, prior rezoning conditions pertaining to right-of-way and the temporary construction easement are still in effect and have since been executed. Staff is also recommending a couple of conditions pertaining to access and street design. One being connections to the existing trail network, and then another is to work with staff to implement any necessary traffic calming measures. The City transportation planning staff did note that there's a couple of longer blocks in this concept, which might potentially create some speeding on those streets, so that's something that they'll review during the planning stage and add in any traffic calming measures that staff feels might be necessary. Heitner noted staff did receive a few comments from public on this rezoning request within the last week or so. To briefly summarize those comments, there are a few people that noted that the lot widths within the concept plan appears smaller than a lot widths on Buckingham Lane. There were some comments of a lack of green space in the concept plan, and perhaps a lack of compatibility with the existing neighborhood to the east. He noted also questions over whether the provisions of Title 14 were being met with review of this rezoning and a few comments on hoping to preserve a tree line along lots 1 through 12 on the concept plan. Finally, just some general questions about projected home values in the proposed development. The role of the Commission today is to determine whether the rezoning complies with the Comprehensive Plan and whether the rezoning is compatible with the existing neighborhood character. In terms of next steps, pending a recommendation from the Commission, Council will schedule a public hearing on the rezoning. Staff is recommending approval of REZ19-13, a rezoning from Interim Development Single- Family Residential (ID-RS) to Low Density Multi-Family Residential (RM-12) for approximately 10.64 acres, Low Density Single-Family Residential (RS-5) for approximately 22.51 acres, and Neighborhood Public (P-1) for approximately 2.14 acres with the following conditions (condition one is a carryover from the prior rezoning of this property): 1. The developer satisfies the Comprehensive Plan’s Annexation Policy, as stated in Resolution 18-211, the City's affordable housing agreement with annexation. 2. No building permit shall be issued for any development on the subject property until the Council approves final plat; resubdividing the subject property to conform with zoning boundaries established by the rezone. 3. Any development on the subject property shall generally conform to the attached concept plan dated February 26, 2020, which will include the extension of Eastbrook Street to the future north-south street and the development of single-family, townhouse and stacked-flat multi-family housing as shown in said concept plan. 4. Trail connections to the City’s park and trail networks are provided as shown in the attached concept plan. The trail connection on the property’s far west side must be built to the northern property line. The trail connection between Lots 23 and 24 must be made all the way to the existing trail on City property. The developer shall be responsible for installing these trails at such time as described in a subdivider’s agreement to be executed at the time any portion of this land is subdivided, and in accordance with the specifications for such improvements as to be set forth therein. 5. That a permanent drainage easement from the American Legion Road improvement project be dedicated to the City in a form of agreement acceptable to the City Planning and Zoning Commission April 2, 2020 Page 5 of 10 Attorney at the time of platting at a location to be determined by Public Works staff. 6. At platting, traffic calming measures, such as traffic circles, narrower lane widths, etc., must be incorporated to the satisfaction of City staff to address concerns related to speeding. Hensch asked if Heitner could elaborate on the section about compatibility with existing neighborhood, especially with respect to the neighborhood to the south side of American Legion Road. Heitner noted to the south of the subject property the area is zoned RS-12 and there is a long-term senior living facility at the southeast corner and then a church to the east of that and then open space for the time being. Hensch asked if the area south of that churches that is agricultural land is interim development designated. Hektoen noted that area hasn’t been annexed yet and therefore is not in City zoning. Baker had one quick question about the condition regarding traffic calming measures, how before the development is even completed and traffic going through there can they determine if they’re going to need the traffic calming measures. Heitner replied that is something that the transportation staff analyzes and typically it usually has to do with the block length, and if the block lengths are in excess of 600 feet. There might be other factors that they look into to implement traffic calming measures such as design but that's something that transportation planning staff would be able to pinpoint. Baker feels like they're making this decision before it even opens up and not know what is needed, but guesses the traffic people understand what's going on. Russett elaborated that they don't need traffic to determine traffic calming measures, it is to the design that's proposed, and there are certain things that can help with reducing speeds, narrow travel lanes or pavement width or intersections. Therefore, when they got the concept plan and there were block lengths that are longer than they would like to see, based on their experience, they know streets that are longer like that do have speeding problems. They would want to set up calming measures so they don't have issues with it down the down the road. Parsons asked if it was mentioned that the City's been planning a traffic circle at American Legion Road and Scott Boulevard. Russett confirmed that is the plan. Townsend asked about the staff recommendations in the staff report in the agenda packet because recommendations two and three are different from what was read here tonight. She asked if those were taken out for a reason. Heitner apologized for not pointing that out during his presentation. The conditions (two and three from staff report) were taken out as those conditions were executed since the time that staff report was written and therefore didn't feel it was necessary to put it in this presentation. Hensch opened the public hearing. John Yapp (Allen Homes, Inc) stated this is the first project under the City's Annexation Affordable Housing Policy since that policy was enacted a couple of years ago and something they are excited about is developing a mixed-income, mixed-housing type neighborhood with different housing types going from west to east, incorporating a fire station site which they've been working with the City on since last year, and then also respecting the single family neighborhood to the east. They have incorporated trail connections which is part of the staff recommendation. Some of the neighbors in Windsor West that Yapp has talked to this week have been very positive about that connection to the dog park and being able to walk to the dog Planning and Zoning Commission April 2, 2020 Page 6 of 10 park through sidewalks and trails through this project. He noted this is an infill development and that is surrounded on three sides by existing City development, including the retirement village to the south. With this annexation they talked with the pastor of the church to the south and he was excited about this new neighborhood as it avoids leapfrog development further to the east. Regarding what is being called stacked flats, they see incorporating elements of the form-based code into those buildings. Ultimately, they think this both helps meet the goals of both the developer and many of the goals of the City. Hensch asked if the stacked flats would look similar to the design of what is existing to the immediate west? Yapp replied that is not the intention and they'll actually about a third of the size of the buildings to the west which are a 28-unit building and a 35-unit-old building, they will also have different architecture. Hensch asked if the current dog park is actually a water retention area that just doubles as a dog park? Yapp believes part of it is, and where the soccer fields are is the primary water retention. Hensch questioned in the RM-12 area in the southwest corner, it looks like the structure there as a road going right through it and he doesn’t understand the schematic. Yapp replied that is the fire station and the P-1 area. Lastly, Hensch noted since the Comprehensive Plan has this development area 12 to 13 dwelling units per acre, and the applicant is coming in at 14, can they give a little insight on why. Yapp replied there's a couple reasons for that. One is that allocating part of the land for the fire station reduced the development potential for the rest of the property and the other is in working with the 10% affordable housing and just making that work. Hensch asked if by allocating does that mean they are selling that land to the City or is it a donation. Yapp said the land will be sold to the City. Yapp added there's also a significant amount of open space to the north adjacent to Scott Park, about seven acres. Hensch asked if Outlot A is all going to be open space for a storm water retention area. Yapp confirmed that was correct. Sara Barron (Affordable Housing Coalition) stated they're really excited to see projects start to unfold and this will be the first one under the Affordable Housing provision included in the new annexation requirements. Her question, or comment is about how that affordable housing provision will succeed, what it'll look like and where in this process will there be opportunities for review or some transparency about how that will unfold. She noted this is the first time that they have had this situation so it is expected they'll be working it out as they go along. And of course, they have a lot of interest in how that affordable housing provision will be implemented. They know that it won't be the same every time but they're hoping that there will be a clear process through which they can review the recommendations and what's being required as a developer, and hopefully also help to provide common feedback oversight of what that looks like as the neighborhoods development to new experience. She noted it is not in this part, other than to say that it will be require for them to meet as a condition so she is wondering about more specifics. Hektoen addressed that question stating that the Riverfront Crossings affordable housing is the model that they will be following for this. So the conditional zoning agreement that it gets executed as a result of this rezoning will basically say when they want a building permit they will have to give specifics so the City knows exactly what they're going to build and be able to attach more detail in a similar manner that they do for Riverfront Crossings area. Barron noted in the Riverfront Crossings area it has been just a staff level decision. Hektoen said it is actually Planning and Zoning Commission April 2, 2020 Page 7 of 10 various agreements that Council will be executing, and the conditional zoning agreement will have some detail, it won't say how many units exactly but then there will be an affordable housing agreement that will get executed once they know the unit numbers and the extent of the development. Barron asked if then at this point the developer may not know exactly which of those units that are proposed tonight may or may be used to satisfy the conditional zoning agreement. Hektoen confirmed at this point they may not have that level of detail, at the rezoning stage, worked out, they only have a concept plan at this point, but that may not exactly be the final number of units. That is a whole other review process, the platting process. Barron acknowledged that makes a lot of sense to her and also hears the applicant saying they are really excited about affordable housing provision and therefore area asking for a little bit of an increased density in part because they are going to try to meet that requirement. Therefore, it seems like they're leaning into that idea, but there isn’t anything to review at this point. Sarah Downes (resident in Windsor West) had a question about the 10% and what is the possibility that that could be increased in the future. She is from a neighborhood in Chicago that ended up doing that and she is worried about a future increase. Russett stated that would require an amendment to the Comprehensive Plan. When the Affordable Housing Annexation Policy was adopted in 2018 the City amended the Plan and identified 10% as the appropriate number. At this point, there are no plans to increase that number but if there were it would be an amendment to the Comprehensive Plan where there would be a public process associated with it. Todd Fleming (resident from Windsor West) commented that when they built over there, they were told that the over there was to be large lot single-family development and now they're kind of changing things years later. It is just kind of disappointing seeing some of those lot sizes and what's going on over there. Hensch stated that the Commission hears this once and awhile and it gets back to the question of who told you that, if it wasn't City staff then the City can't be held accountable for that. Jane Brown asked if the 10% affordable housing is the entire area so therefore this is affordable housing all of the units. Russett answered that 10% of the units that they build will be priced and rented or sold to income eligible households. Brown asked if then out of the 57 single-family lots 10% of those would be affordable housing. Russett replied not necessarily, there's still a lot of details that need to be worked out with the applicant, whether they want to do on-site affordable housing, there's the option to pay in-lieu fee, and those things need to be worked out but it would be 10% of the total units in the project in both the single-family and multifamily. Hensch closed the public hearing. Parsons moved to recommend approval of REZ 19-13, an application for a rezoning from Interim Development – Single- Family Residential (ID-RS) to Low Density Multi-Family Residential (RM-12) for approximately 10.64 acres, Low Density Single-Family Residential (RS-5) for approximately 22.51 acres, and Neighborhood Public (P-1) for approximately 2.14 acres with the following conditions (condition one is a carryover from the prior rezoning of this property): 1. The developer satisfies the Comprehensive Plan’s Annexation Policy, as stated in Resolution 18-211, the City's affordable housing agreement with annexation. Planning and Zoning Commission April 2, 2020 Page 8 of 10 2. No building permit shall be issued for any development on the subject property until the Council approves final plat; resubdividing the subject property to conform with zoning boundaries established by the rezone. 3. Any development on the subject property shall generally conform to the attached concept plan dated February 26, 2020, which will include the extension of Eastbrook Street to the future north-south street and the development of single- family, townhouse and stacked-flat multi-family housing as shown in said concept plan. 4. Trail connections to the City’s park and trail networks are provided as shown in the attached concept plan. The trail connection on the property’s far west side must be built to the northern property line. The trail connection between Lots 23 and 24 must be made all the way to the existing trail on City property. The developer shall be responsible for installing these trails at such time as described in a subdivider’s agreement to be executed at the time any portion of this land is subdivided, and in accordance with the specifications for such improvements as to be set forth therein. 5. That a permanent drainage easement from the American Legion Road improvement project be dedicated to the City in a form of agreement acceptable to the City Attorney at the time of platting at a location to be determined by Public Works staff. 6. At platting, traffic calming measures, such as traffic circles, narrower lane widths, etc., must be incorporated to the satisfaction of City staff to address concerns related to speeding. Townsend seconded the motion. Dyer commented her one concern was that townhouses seem pretty crowded on the little piece of land. Otherwise it looks good. Signs wanted to comment on the concern about the lot sizes and being told that it was going to be single-family development. Considering the fact that this wasn't even in the City limits until recently, there certainly was no, to his knowledge, any plans at all for that space, so he doesn’t know where that information would have come from. He acknowledged it's unfortunate if that was the impression, however reiterated that unless one owns the property, one doesn’t control the property. Dyer added she would like the presentation of development under these new conditions with affordable housing to get some statement about what the affordable housing is going to be, will it be on-site or is going to be transferred somewhere else. That makes a difference if the goal is to have mixed income dwellings. Signs noted in general they talk a lot about the way they transition from higher densities to lower densities to public spaces and while realizing that the final plat isn't done yet it seems like this is doing a good job of gradating that density from two projects, one to the east and one to the west, and then to the public land to the north and west. Parsons agrees and thinks it does a good job of incorporating these existing neighborhoods that are already to the east and west. Planning and Zoning Commission April 2, 2020 Page 9 of 10 Hensch concurs with previous comments and even though it is slightly above the Comprehensive Plan at 14 dwelling units per acre rather than 13 it is the first really good expression of mixed housing to increase affordability, so he supports this. A vote was taken and the motion passed 7-0. CONSIDERATION OF MEETING MINUTES: February 6, 2020: Parsons moved to approve the meeting minutes of February 6, 2020. Signs seconded. A vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Russett had a couple updates for the Commission. The text amendment related to the animal related commercial uses was adopted by Council last month. Also a couple months ago the Commission reviewed a rezoning and preliminary plat in the fringe area down by Ryerson Woods and 218, that rezoning and preliminary plat was approved by the County Board of Supervisors. The national APA conference in Houston has been canceled so hopefully some of them can go to the conference next year. Russett also mentioned that Townsend attended the ISU Extension training for planners and commissioners and board of adjustment members a few weeks ago. Signs asked if the City has heard anything about the Forest View project, is any anything happening up there. Russett stated the rezoning went through last May and after that rezoning the City asked for some information from the applicant to move forward with their preliminary plat and so far they haven't received that information from the applicant. Parsons noted that first term for Hensch and himself is up in two months and wants to make sure Council hasn’t been put out re-submittal forms or anything like that. Russett thanked Parsons for bringing that up and will look into that, the Clerk’s office usually tracks that and they do the posting, but she will check into it. ADJOURNMENT: Signs moved to adjourn. Dyer seconded. A vote was taken and the motion passed 7-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2019-2020 1/17 (W.S.) 2/4 4/2_) 2/21 2/21 3/7 3/21 4/4 4/18 5/16 6/6 6/20 7/18 8/15 9/5 10/3 10/17 11/7 BAKER, LARRY X X X X X X X O/E X X X X X O/E X X DYER, CAROLYN O/E X X X X X X O/E X X X X X O/E X X FREERKS, ANN -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE X X X X O/E X X X X O/E X X X X X X MARTIN, PHOEBE X O/E X X X O/E X X X X O/E O/E X X X X PARSONS, MAX X X X X X X X X X X X X O/E X X X SIGNS, MARK X X X X X O/E X X X X O/E X X X X X THEOBALD, JODIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE X X X O/E X X X X X X X X X X X X 12/5 1/16 2/6 4/2 BAKER, LARRY X X X X DYER, CAROLYN X X X X HENSCH, MIKE X X X X MARTIN, PHOEBE O/E X O/E X PARSONS, MAX X X X X SIGNS, MARK X X X X TOWNSEND, BILLIE O/E X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member