HomeMy WebLinkAbout05-07-2020 Planning and Zoning Commission_1Z1011101"_1Z1lWalZI1Z1419191iyiI►yiIRI Is]Z
Thursday, May 7, 2020
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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 other than
sidewalks.
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.
To: Planning and Zoning Commission
Item: REZ20-01
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Ray Heitner
Date: May 7, 2020
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: GRID 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:
Existing Land Use and Zoning
Surrounding Land Use and Zoning:
Comprehensive Plan:
District Plan:
Neighborhood Open Space District:
Public Meeting Notification:
File Date:
Approximately 0.53 acres
Commercial, Intensive Commercial (CI-1)
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)
Intensive Commercial
South Central District
N/A
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.
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.'
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 100feetofthe 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
' 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.
0
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 bufferyards, 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 cha racter 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 maytake 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 connectthe subject propertywith 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 befound 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 any
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 propertythat 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
0
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 Highwayshall 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 ofthe 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
Approved by: - :." )
Danielle Sitzman, AICP, Development Services Coordinator,
Department of Neighborhood and Development Services
CONDITIONAL ZONING AGREEMENT EXHIBIT
1335 HIGHWAY 1 WEST
IOWA CITY, IOWA
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STANDARD LEGEND AND NOTES
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LANDSCAPE PLAN
1335 HIGHWAY 1 WEST
IOWA CITY, IOWA
1335 HIGHWAY 1 W
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LOCATION MAP
NOT TO SC LE
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P, C . D AI k Iv
FEE Vyl�D
STATE OF IOWA
JOHNSON COUNTY)
) SS
CITY OF IOWA CITY
I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance No. 96-3721, which
was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26th day
of March, 1996, all as the same appears of record in my office.
Dated at Iowa City, Iowa, this 28th day of March, 1996.
2io �
Marian K. Kara
City Clerk
lob
CORPORATE SEAL
11"i6 i�3
1995 APR - I AM 8: 28
410 EAST MA7HINOTON STREET • 101vC2obvoao br1926 • 1119) 156.1000 • FAX 1319) 116.5009
Y • rrrrrrrr``"`/�/// 6�6�J
/'`e
Prepared by: Charles Denney, Assoc. Planner, City of Iowa City, 410 E. Washington S
Iowa City, IA 52240: (319) 356-5247
ORDINANCE NO. 96-3721
AN ORDINANCE AMENDING THE
CONDITIONAL ZONING AGREEMENT FOR THE
D&L SUBDIVISION, LOCATED SOUTHEAST OF
THE INTERSECTION OF HIGHWAY 1 AND
SUNSET STREET
WHEREAS, on March 16, 1993, the City
Council approved Ordinance No. 93-3563,
(hereinafter "Ordinance") rezoning an
approximate 19.I S acre property known as the
Dane Tract, from County C-2, Commercial and
A-1, Rural, to CI-1, Intensive Commercial, a
portion of which was subsequently platted and
is known as the D&L Subdivision; and
WHEREAS, said Ordinance authorized
execution of a Conditional Zoning Agreement
between the City of Iowa City (City) and Harold
John Dane, Jr. and Allegra Dane ("Owners"),
which agreement limited development of the
subject property; and
WHEREAS, Condition 4.b set forth in the
Agreement required that an Internal circulation
system be provided and that access to
properties to the north and south also be
provided; and
WHEREAS, at the time the property was
annexed and rezoned the future of the Iowa
City Municipal Airport was uncertain; and
WHEREAS, the City Council has decided
that the Airport will remain in its present
location; and
WHEREAS, the decision that the Airport will
remain in its present location negates the need
to provide access to property to the south, that
is owned by the Airport; and
WHEREAS, the City and Owners now wish
to amend the original Conditional Zoning
Agreement to eliminate the requirement to
provide access to property to the south of the
D&L Subdivision, which amended Agreement is
attached hereto and incorporated by reference
herein.
r : • !057 FACE 151
v
Ordinance No. 96-3721
Page 2
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. Ordinance 93-3563 and the
accompanying Conditional Zoning Agreement
are amended by deleting Section 4.b of the
Agreement in its entirety and adopting in lieu
thereof the following:
4,b) Future development of the Dane tract
shall include an internal circulation drive
which will provide access to any
development on the annexed property, as
well as access to the property located north
of the Dane tract. This internal drive and
access shall be shown on all site plans for
future development.
SECTION ll. AMENDED CONDITIONAL
ZONING AGREEMENT, CERTIFICATION AND
RECORDING. Following final passage and
approval of this Ordinance, the Mayor is hereby
authorized and directed to sign, and the City
Clerk to attest, the Amended Conditional
Zoning Agreement between the property
owners and the City, and after said execution,
the City Clerk is hereby directed to certify a
copy of this Ordinance and the Amended
Conditional Zoning Agreement for recordation
in the Office of the Recorder, Johnson County,
Iowa, at the Owner's expense, all as provided
by law.
SECTION III. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION IV. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconsti-
tutional.
2051)AGE 152
Ordnance No. 96-3721
Page 4
It was moved by Nnrtnn and seconded by I phman that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Baker
�— Kubby
x Lehman
x Norton
K Novick
x— Thomberry
Vanderhoef
First Consideration 3/5/96
Vote for passage: AYES: Vanderhoef, Baker, Kubby, Norton, Novick,
Thornberry. NAYS: None. ABSENT: Lehman.
Second Consideration _
Vote for passage:
Date published 4/3/96
Moved by Norton, seconded by Kubby, that the rule requiring ordinances
to be considered and voted on for passage at two council meetings
prior to the meeting at which it is to be finally passed be suspended, the
second consideration and vote be waived and the ordinance be voted upon for
final passage at this time. AYES: Kubby, Lehman, Norton, Novick.
Thornberry, Vanderhoef, Baker. NAYS: None. ABSENT: None.
on
?AGE 154
Ordinance No, 96_3721
Page 3
CQ'Q�0
4'r4t
SECTION V. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 26th day of
March , 1996 .
MAYOR f
ATTEST.
CITY CL
p(a
ppda inkD&L.wd
r:..2057 ?AGE 153
Prepared by: Charles Denney, Assoc. Planner, City of Iowa City, 410 E. Washington St.,
Iowa City, IA 52240; (319) 356-5247
AMENDED CONDITIONAL ZONING AGREEMENT
This agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "the City") and Harold John Dane, Jr. and Allegra Dane (hereinafter "Owners").
WHEREAS, Owners are legal title holders of property located east of Highway 1 and west of
the Iowa City Municipal Airport, legally described in Exhibit "A" attached hereto; and
WHEREAS, on March 16, 1993 the City of Iowa City approved Ordinance 93-3563 rezoning
the approximate 19.18 acre tract of property formerly known as the Dane Tract from County
C-2, Commercial and A-1, Rural to CI-1, Intensive Commercial, a portion of which was
subsequently platted and is known as the D&L Subdivision; and
WHEREAS, said ordinance authorized execution of a Conditional Zoning Agreement between
the City and the Owners which limited development of the property; and
WHEREAS, said Ordinance and Agreement were recorded on March 22, 1993 in Book 1514,
Page 205 of the Johnson County Recorder's Office; and
WHEREAS, Condition 4.b set forth in said Agreement required that an internal circulation
system be provided and that access to properties to the north and south also be provided; and
WHEREAS, the City and Owners now wish to amend the Conditional Zoning Agreement to
delete the requirement for providing access to property to the south of the D & L Subdivision.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1 . The parties acknowledge that at the time they entered into the original Conditional
Zoning Agreement, the future of the Iowa City Municipal Airport was uncertain and
therefore, in order to limit major access points on Highway 1, access to the property
to the south was required through the subject property in case the airport moved to
another location. The parties further acknowledge that the City Council has decided
that the Airport will remain in its present location for some time, negating the need to
provide access to the airport through the subject property.
2. The Parties acknowledge that the original Conditional Zoning Agreement required that
access be provided to properties both north and south of the subject property.
3. The original Conditional Zoning Agreement dated February 23, 1993 and recorded in
Book 1514, Page 205 of the Johnson County Recorder's Office shall be and is hereby
amended by deleting Section 4.b in its entirety and inserting in lieu thereof the
following:
2057 eAG1 155
.1
b. Future development of the Dane tract shall include an internal circulation drive
which will provide access to any development on the annexed property, as well
as access to the property located north of the Dane tract. This internal drive
and access shall be shown on all site plans for future development.
4. The Parties acknowledge thatthe conditions contained herein are reasonable conditions
to impose on the land under Iowa Code §414.5 (1995) and are appropriate conditions
required to protect the public safety of both the residents in the area and the
community.
Owners acknowledge that in the event the subject property is transferred, sold,
redeveloped or subdivided, all redevelopment will conform with the terms of this
Agreement.
6. The Parties acknowledge that this Amended Conditional Zoning Agreement shall be
deemed to be a covenant running with the land and with the title to the land and shall
remain in full force and effect as a covenant running with the title to the land, unless
or until released of record by the City. The parties further acknowledge that this
Agreement shall inure to the benefit of and bind all successors, representatives and
assigns of the parties.
7. Nothing in this Agreement shall be construed to relieve the Owners from complying
with all applicable, local, state and federal regulations.
8. Nothing in this Amended Conditional Zoning Agreement in any way alters, amends or
modifies the original Conditional Zoning Agreement except as set forth above.
9. The Parties agree that the Iowa City City Clerk shall record this Amended Conditional
Zoning Agreement in the Johnson County Recorder's Office at Owners' expense.
Dated this
day of 1996.
APPLICANT < CITY OF IOWA CITY, IOWA
By:
Naomi J. Novicl a or
ATTEST:
—177
Mari nI ity Clerk/ 314��
':.:_205-1 rAGE 156
4
CITY OF IOWA CITY
STATE OF IOWA )
) SS
JOHNSON COUNTY)
I, Susan Walsh, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the
Ordinance attached hereto is a true and correct copy of the Ordinance. No. 93-3563
which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the
16thday of March _'19 93 , all as the same appears of record in my office
and published in the Iowa City Press -Citizen on the 24th day of March
19 93 .
Dated at Iowa City, Iowa, this 18th day of
Deputy City Clerk
CIVIC CENTER • 410 E. WASHINGTON ST.
IOWA CITY IOWA 52240-1626 ..
19 93
lwelnh.crt
PHONE (919) 556.3000
FAX(319) 556-5009
Printer's fee $
CERTIFICATE OF PUBLICATION
STATE OF IOWA, Johnson County, ss:
THE IOWA CITY PRESS -CITIZEN
FED. ID # 42-0330670
I,
Margaret Rios, being duly sworn,
say that I am the legal clerk of
the IOWA CITY PRESS -CITIZEN,
a newspaper published in said
county, and that a notice, a
printed copy of which is hereto
attached, was published in said
paper time(s), on the
following date(s):
-L aYI i 973
Legal Clerk
Subscribed and sw to befo le
thickday of A.D.
Public
OFFICIAL PUBLICATION
OROINANCe NO. 33+3.560
AN OW~CE AMMDNO THE ZONNO.ORDNANCE By
CONgfpNALLY CHANONO THE USE MUTATNNB OF
AFM XE MY 19.1E ACRES LOCATED a .. OF THE
WW MN OF HMHWAY 1 AHD SUNSET STREET
FMMI MIANITY COMMMCAL IC-21 AND RURAL M-11 TO
NIMISAIE COMMERCIAL (0411..
WHEREAS, IN .object properly le pemntly located
mamm the Iowa City Cerebral. Hindu; W
WHEAFAs, ON owner of saw property has petitioned NN
City Of lows ON for valumery annexation and the City Is
prxaedirq with same; oral'
WHF S, Ourmam to new. Code 1380.7,...Co. of
tM .Omrty mwl he approved by both IRA City and the shy
OwNmment Wild; and
WItEREAS, the prapbwd IMenalve Commercial ICI.11
no,m, soled to CeMw c.ldlderN IN cbmmdbH with the
.dHCem xmmero al and Industrial saline and development;
and
"EREYS. Iowa law mvide. that IN Cily of Iowa City
may Impose remarml. Cindhime on grantbq the
Apylionn's motoring concern, wen and above ow -UN
hawiedam, W ardor W sytHypoMw reads directly cowed by
the requested Charge; erg
WHEREAS, the City Ns a policy to pmewe and enhance
IN vimmmewm. to Iowa City, Iowa; and
MMEREAS, Highway 1 1. IN primary somme. Into Iowa
City Icons the muthwm ; ern
WHEREAS, the Applicant Ns agreed W towline Me
popeM In mcardama with the terms and cerdlUON of a
Cordliiomt Urge, Agreement in odm forms. aPm OPMU
development et IN. enhance to the dry.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT:
SECTION I. APPROVAL. Subject to 0e CRY dewlopmant
board fe.oving the requerned mecomiion of the propenY
described table. Into the City of 10. City and mbje. to DN
terns and c.rdwi of de Conditional Zen" Agreement,
ottadw4 hereto and lessaWr led herein by reference, anal
1414.5, news Cade, lhe smeary, In hereby raclassif ed Irern
Bit paamm mmitimtwn of Ceanty Comme clal IC.21 we
RUM (A-H W MNmiw, Commercial 1C1-1)l
Commencing at she Northwest Comer of
0% NaMwest Owner of Section 21,
Township 79 WM, Range S West, 01 the
fish Fnnaioal Meridian; Thence
S99e48'67'E, a recorded hearing, along
We North ON of said Northwest Owner of
Smomn 21, 492.80 feet, to a paint on ON
SOWheaalmly Right -of -Way ON of Iowa
N nOrry Road He 1, which I. the POINT OF
BEOINNINO; Thence S89149'37'E, .WV
mid North One of the Northwmt Owner of
Section 21, 826.86 feet, to the H mMarn
Comm of the NMhwea. Owner of said
Northwest Owner al Section 21; TNnee
S01 a4T'41-W, along the Earn ON of sew
Northwest Owner, 583.50 leer, to IW
Intersecllm with the NortNry ON, of the
40.04 Acrs P.cal Eagolfad by coma -
non, In the Norte at the City of Iowa City,
dine, the proceedings of which am
madad In Sock 904, at Face 21, of the
recoil. 01 the Joheaon County Rec.deM
Office; TNmce S71°WOO-W, along said
N.tNny ON, 890,50last, to an Non Nn
Fovea on said Northerly One; TNrce
N74e22'00'W, along and Nonheriy ON.
5W 00.40 feet, to a point on e West ON of
mid. Northwest Owner of Section 21;
Thence NOI^45'00'E, along said West
ON, 70.08 feet. to its imemecden with
row Soorma any MghtuLWay ON of
Iowa Primary Road No. 1; TNnee
N37e25'08-E, along mid Southemtedy
Une, B44.82'last, to the Point of
Beginning. .Said Tract of Nnd contain
11.18 alma, mare Or Ins., am I. subject to
...amen[. and restrictions of record.
IO SECTN H. . BeZONING P. Buwlry Inamcl. N hemEy
M 1.0d and directed t0 eMnw rN 2oMg Me, of IN City
Of Iowa City, law-, to contemns W this amendment upon IINI
manage, applwal and pr-0Ikatwn of two Winning. ore
nodded by few and mtflcation from IN city development
owed that annexation is completed.
9ECTdl I caNN 'qL A • The May. N
hereby ."Wrad and dworml to awn, .nd 1N City Chal to
anmL IN Conditimml Zoning Agreement between No
owns of ins W.mrly and the City, and W cenyy, fhe
.diarrce and COndiNNI Zoning Agreement to, ramorgenwrl
in ON Johnson County Recorder's Office, following flml
mam9e and approval, and notification from the on,
dwelopmem board INt the smexatlon Is c..nplete.
SECZION V REPEALER All .dlNroa. and an, of
.dlmnem h Conflict with de provwwns of this ddinerWa
Ne hereby I.P.Owd.
SECTION V. SEVE IL if arty radian, powbion 0, or,
01 the Qrdhgnee SNN be adlWged W he hwagd .
uncorueWtlorel, ouch adjWwalwn shell net affect the
Massy of De WdlNrga e. • WNIe Of afry mcmm,, wm,lam,
er on thereof not allowed OmN of wg.uNmwnm.
SECTION M. _ EFFECTIVE DATE. Theo pdimnee atoll M In
effect enter its final I....I.. approval .nd pWlkabaq as
namared bylaw.
Famed and aNl.v.d Me fbbh day of March .l99].
,day
Pia_ 2- 0�1 ---,
CONDRIONAL;ZONINO AOREEMENT '
THIS AQFkEMEW IS ads by And between Harold John Dens je, and ° rl p pyta.
(hirofridlt'ir "ovmerah and ihs cly of lowa't�ty ■ Municlpw Corporeii?r� M406 iiglsf
WHEREAS, OEM of have requested nd the Cby'to arktspl,arM rezone
land Iopted east of Wpfhway 1 end west of the lows *launlofpd� I paey &aplb� M..
Exhibit 'A' 1004014d herlatq.,ffom C-A Court} Ckorrlmprpiel, and y�1 al ,typ.
Conhmaga; ant '% ., w'.. .<r7i�3..` di&d'g��.B.
WHEASM,'44 propbsid zboing is compatible Art the adlac" bemfnerdlal"and•.lidtimr(ru_
IPgIl1W.11wBIoPr�hg'er(7f Sato ..Sit• ! �i; r 1 .
WHEii�1'.a49u,:r�lti4MY'ItknenwJ:... rt_i..�l[t!t_�?fir! t Ir. ,1i.
- s r--••� vnvwy wawa, %aha fegYet[e6 pltinga' Yp +} h IY +t i - r
� r! M <i gtr. Ff• ! t!•i l'111 lot - '
wHEIi A$ {ftelC iM�..C'rv^vy bpreeenr'i and arytana tlha erWanoN,p� Iowa aN Iowa, Witt
WHEREAS 7 r Gw'Prlmary emfanee lo lows Cly tom tw southwest, and '. .
Ir JjsY it-1i ry, .� .
WHFJigAB Ownanlddrtotyledge ytalcarWn conditions and reaMctlans,areappropr(ate In order!
to erisuro apprbptr(ak dews Prthe d fd lessen the impW of tlw di"Pr iitf thWentrance
totlheCiy.,r-v.. - r,
I' 4': q;
aria Tut � _ _ -. _• ...,. ,
1. Harold John Dane, Jr, and $13.'a ql},a,, uld wife; are,uwliero arhd fetal talk
holders of an approMmatey f g: tt i tray I lend a 7etnafter'Dsrte tract j l5cated a4at
of Highway 1 and weef of the save City Municipal Airport more panlcularly described on
ExhibitA+ atkchad hereto...
9 . The parties sckngwladge that � bore 9a". .i "
ftyhae`'a pogry. ai itdtotl M.tno CompreheneWe
Plan, to Preserve, and enhance" the' entrances-fo Mows -Cly, :Owners agree and
acknowledge that this policy is 'reasonable, "proper and appropriate under the
circumstances, a' _ ..
3. The parties agree that Highway 1 Isis primary entryway to low, City from the Southwest.
Owners acknowledge that the Cily'e policy concerting antrances governs the rezoning
request and,therefora..agree to Certain conditions over and above City regulatbne'In
order to lessen the impact of the development oq the Surrounding was.
4.. ki order to provide for attractive development at the southwest entryway to i ere Cify� to
assure the coordinated development of the above -described land so as to minhNze trelfl0
CornfII&S In the area, and to fessan the Impabt of the development on'the Surrounding
area, Owners agree that die development of the Dane tract will conform to the following
conditions:
a. -,The development shall have only one vehicular access polm onto Hlghway;t
.which Shall be located at Sumot Street. No addillone vehicular access prima
onto Highway 1 shall be Permitted. -
r
It. Future development of she Dane tract ehhill Include an intemel circulation drive
Which will pro -Ada access to -any development on the annexed propeM, as +n
,aa access to the ProPery 101cated to the north and South of the Dena tract. This
Infernal Qrivt� }�a_e Pre shown of al site plena for snare develop
' lt`'ti^' kit _
e _Any and al knpfovemente to the Intemactlon of Sunset Drive and wlgnNray� t ..
requked 10 iocomrmgdate the proposed development Shell tie bull at tta Qae*e S
_ ,A.r 10�rp®Me,jbAl�:kDRrAYOpIR[IpnlayLhcluda,LutararoUlmitad to u
hl, bo r toot" tglhe''
�c !lafNf p left -than tarts for,lhe eohnhwestbound knee of Highway
a to h wy 1. 1d * 4fgtiaNdecekraton tense for the nonheasibound kn¢s
x Tjte Engineer; ki conlunctlen with the Iowa Department
el+T!MSPortatl�tjdn nolne what Improvements we necessaty and
h(cprlete. f,.,.t
M
fJ•��R outdoor stomps march make or material Shall occur whhln I W lost of the
<Tlgtwny 1:rgM-CfiW�ajt.q Storage areas opted beyond 1001ae1 of fhe Fpghway
h "�Ightol^Wa%JJ�n4qned wlh a 9ogd wall at least s feat In. thalghl; A
enlmum of 11Slestln width $hall ha Iloft ta concept plan Iluetaing a tree pisnUnQ-p3! )PPMed bytha Dkactar of Planning and mu
Ing docks , Itcalying areas Shall not be ated on any wall :Wng
t uMesp ;+ nad.from view by a built n Lceding docks In other
,' w3S" wtihkh�A[ft t�bbirdm Highway t, shall be screened. ,
JW41 fflrlkinga ion the Dane tract Shall be compallbie In style anq use
i ffjlilldinp meta' ,.;;1I'Alli the excapton of trlm, elevations. visible from a public
�Sstrael anal W maaohy, which ,nay induce fired brick, atone or similar mwedel,
�drl�is! 90tl 4ortiYst r'�7p' lock ere stucco or lice malar l v'Y'4,D used in combin"
' ACl4t Of Ple " ,11rNsh amatve a )nay be subadhdi�l�
wuaelna,ti�gt>,i'
' :• of p I ReiirfhiYr¢eM of this Agreomam ekvaflone visits kodr
^ l dree�dt shag.; Ahrgs�hvtlnisliea (scads Rooflo(S med7anlcal devices: strap bit .
Ot ri w
9• ',Ze paflphsry of all parking aIpas shall have planted landscape beds al least 1s
h. AS pamx� rot slid by terrPkuted with alandscape bed a minimum of 91"t in
%idth: The landscape bps "all ba planted with parking lot tram vAtgh may
.00ud'�.Yo�4artls'ihe` aha trees omerwlse required by City ordinances.,.
I. No rnora than two tree standing signs s4 be permlted on the Dana tract
-.I. ... -.All slgnage futures shall be uniform diroughout the devemwwv, -
I k. if slgnage is to be tighted, It shall be I ntemalty Alunana#r
I. All parking lot light flxturee Shall be consistent throughcu(lI w'; "I K r"'+
M. All ffghtlng shah be dcwncasL
n Landscape beds a miNmum of 5.feat In:wltlth shall Sa provided afonp at IeFit
25% bl hoM,bw1Cy19.Nevetioruuend tl be plamed whh L darlefy of evan`tb�h ,..
and dedduous shrubbery. }5 r-,_., e , ry..iiZ
o. There shall be a 30!ootdotbactli (fop? Fughwey 1, whIqta9 be lantl vh ..
a mixture of evergreen and deciduous trees No par—' Or peyYlg O�IM/,QW1
sidewalks shall be allowed within mid 30 fool Setback, r�f'�at' f-
6. The Owners agrgYa that each and every development on thisf)drteWatt tithls scat . a
development co %opt plan to tha Department bi Planning and �dmniudty ,ebp t
prior to devaloprnant, The Director of Planning and Community De)relopm0M ¢}lieff'review
and approve the concept plan based on the criteria listed atidve:. The Dfreaor-rpay
approvq 0 noapt. plan .containing minor mocations lo.�his others, gated above,
provitlgd ihpodit8flcns df9subatannaly sabsfy, the tthtent the clUdift Decisions of the
Director may be appealed to the Oty CounNl upon recommendation of the Planning Ond
Zoning commission.
6. The Owners acknowledge that the conditions contained hereiriere reascnable condltlena
to Impose on the land under Iowa Code 1414.5 (1991). and,that said conditions era
appropriate to satisfy public needs caused directly by the requested zonkig change:;. -
:-
7. The PaNes acknowledge that this Agreement shell be deemed_ to be a covenant running
with the land and with ate to the land and shall remain In fun -force and effect a§ a
covenant running whh the title to the land unless or until released of record by the oily.
The Parties further acknowledge that this Agreement shall Inure to the Benefit of arld bind all successors, representatives and assigns of the parties.
t tff
6. Owners acknowledge that in the went the subject properly Is Is faired ilOfd
redeveloped, or subdlvided, all redevelopment will conform vMte the 1 ma o tua
Agreement, , . �RiGh�.,�.
9. The Oyarerj ackno%iedge that nothing in this Agreement she be 61iA auetl t4 reneyti�tlhe
Owners k6iincompyng with all applicable federal, kwal and atata,regutatlona
Yr
19. The Parties agree mat this Condklonel Zoning Agreement shell be kheorpor
reference Into the Ordinance rezoning the subject property and that upon ado
publication of the Ordinance, this Agreement shall be recorded In she Johnson
Recorder's Office,
Dated tits day of , 1993,
1y
APPL'CANT CITY, OP IOWA GIY *+`kl s'y
13v aAjd
Herold John O e, Jr. _ -Darrel D. MayoS
By
Allegra O. Dar �6.n `AtlesL'.u�J _7Sr,�a%R;t
Marian K Kerr, Cily Clerk
09437 March14,1997
Ord . aK-
ORDINANCE NO. 93-3563
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
CONDITIONALLY CHANGING THE USE REGULATIONS OF
APPROXIMATELY 19.18 ACRES LOCATED EAST OF THE
INTERSECTION OF HIGHWAY 1 AND SUNSET STREET
FROM COUNTY COMMERCIAL (C-2) AND RURAL (A-1) TO
INTENSIVE COMMERCIAL (C61).
WHEREAS, the subject property is presently located
outside the Iowa City corporate limits; and
WHEREAS, the owner of said property has petitioned the
City of Iowa City for voluntary annexation and the City is
proceeding with same; and
WHEREAS, pursuant to Iowa Code 1368.7, annexation of
Cit
the property must be approved by both the y and the city
development board; and
WHEREAS, the proposed Intensive Commercial (C7-1)
zoning subject to certain conditions is compatible with the
adjacent commercial and industrial zoning and development;
and
WHEREAS, Iowa law provides that the City of Iowa City
may impose reasonable conditions on granting the
Applicant's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by
the requested change; and
WHEREAS, the City has a policy to preserve and enhance
the entranceways to Iowa City, Iowa; and
WHEREAS, Highway 1 is the primary entrance into Iowa
City from the southwest; and
WHEREAS, the Applicant has agreed to develop this
property in accordance with the terms and conditions of a
Conditional Zoning Agreement in order to ensure appropriate
development at this entrance to the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT:
SECTION I. APPROVAL. Subject to the city development
board approving the requested annexation of the property
described below into the City of Iowa City and subject to the
terms and conditions of the Conditional Zoning Agreement,
attached hereto and incorporated herein by referenee,.and
§414.5, Iowa Code, the property is hereby reclassified from
its present, classification of County Commercial (C-2) and
Rural (A-1) to Intensive Commercial (CI-1):
Commencing at the Northwest Corner of
the Northwest Quarter of Section 21,
Township 79 North, Range 6 West, of the
5th Principal Meridian; Thence
589048'37"E, a recorded bearing, along
the North Line of said Northwest Quarter of
Section 21. 492.80 feet, to a point on the
Southeasterly Right -of -Way Line of Iowa
Primary Road No. 1, which is the POINT OF
BEGINNING; Thence S89048'37"E, along
said North Line of the Northwest Quarter of
Section 21, 826.66 feet, to the Northeast
Corner of the Northwest Quarter of said
Northwest Quarter of Section 21; Thence
S01 '47'41 "W, along the East Line of said
.. .. ... �.. ux....e x.r .�. •.. ... . .. u r w ..n.M.Ylt,.rwr u a t •..... .... 4 ,. ..�... ...... .�. ..... w..
Ordinance No. 2z_1SF3
Page 2
Northwest Quarter, 583.60 feet, to its
Intersection with the Northerly Line of the
40.04 Acre Parcel acquired by Condemna-
tion, in the name of the City of Iowa City,
Iowa, the proceedings of which are
recorded in Book 904, at Page 71, of the
records of the Johnson County Recorder's
Office; Thence S71000'00'W, along said
Northerly Line, 890.60 feet, to an Iron Pin
Found on said Northerly Line; Thence
N74022'00"W, along said Northerly Line,
600.40 feet, to a point on the West Line of
said Northwest Quarter of Section 21;
Thence N01 °45'00"E, along said West
Line, 70.08 feet, to Its intersection with
said Southeasterly Right -of -Way Line of
Iowa Primary Road No. 1; Thence
N37025'08"E, along said Southeasterly
Line, 844.82 feet, to the Point of
Beginning. Said Tract of land contains
19.18 acres, more or less, and is subject to
easements and restrictions of record.
SECTION II, ZONING MAP. The Building Inspector is hereby
authorized and directed to change the Zoning Map of the City
of Iowa City, Iowa, to conform to this amendment upon final
passage, approval and publication of this Ordinance as
provided by law and notification from the city development
board that annexation is completed.
SECTION 111. CONDITIONAL AGREEMENT. The Mayor is
hereby authorized and directed to sign, and the City Clerk to
attest, the Conditional Zoning Agreement between the
owners of the property and the City, and to certify the
ordinance and Conditional Zoning Agreement for recordation
in the Johnson County Recorder's Office, following final
passage and approval, and notification from the city
development board that the annexation is complete.
SECTION IV. REPEALER. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance
are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part
of the Ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in
effect after its final passage, approval and publication, as
required by law.
Passed and approved this 16th day of March, 1993.
MAYOR
ATTEST:
CITY CLERK
V :
Ordinance No.g-j—,Ar,6
Pape 3
Approved by
�—
City Attorney's Office
�
PPddmk,Wd WmW.«d
It was moved, by McDonald and seconded by Novick that the Ordinance
as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Ambrisco
x Courtney
x Horowitz
x Kubby
x Larson
x McDonald
x Novick
First Consideration 2/23/93
Vote for passage: AYES: Larson, McDonald, Novick, Ambrisco,
Courtney, Horowitz. NAYS: Kubby. ABSENT: None.
Second Consideration 3/2/93
Vote for passage: AYES: Ambrisco, Courtnye, Horowitz, Larson,
McDonald, Novick. NAYS: Kubby. ABSENT: None.
Date published 3/24/93
02/23/93 08:32 U319 334 6962
PHELAN. 'rCCKER @J 004
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between Harold John Dane, Jr. and Allegra G. Dane
(hereinafter "Owners") and the City of Iowa City, a Municipal Corporation (hereinafter "City").
WHEREAS, Owners have requested the City to annex and rezone approximately 19.18 acres of
land located east of Highway 1 and west of the Iowa City Municipal Airport, legally described in
Exhibit "A" attached hereto, from C-2, County Commercial, and A-1, Rural, to 01-1, Intensive
Commercial; and
WHEREAS, the proposed zoning is compatible with the adjacent commercial and industrial
zoning and development; ano
WHEREAS, Iowa Code § 414,5 (1991) provides that the City of Iowa City may impose reasonable
conditions on granting Owners' rezoning request, over and above existing regulations, in order
to satisfy public needs directly caused by the requested change; and
WHEREAS, the City has a policy to preserve and enhance the entrances to Iowa City, Iowa; and
WHEREAS, Highway 1 is the primary entrance to Iowa City from the southwest; and
WHEREAS, Owners acknowledge that certain conditions and restrictions are appropriate in order
to ensure appropriate development and to lessen the impact of the development of this entrance
to the City.
NOW, THEREFORE, in consideration- of the mutual promises contained herein, the parties agree
as follows:
1. Harold John Dane, Jr. and Allegra G. Dane, husband and wife, are owners and legal title
holders of an approximately 19.18 acre tract of land (hereinafter "Dane tract") located east
of Highway 1 and west of the Iowa City Municipal Airport, more particularly described on
Exhibit "A" attached hereto.
2. The parties acknowledge that Iowa City has a policy, as stated in the Comprehensive
Plan, to preserve and enhance the entrances to Iowa City, Owners agree and
acknowledge that this policy is reasonable, proper and appropriate under the
circumstances.
3. The parties agree that Highway 1 Is a primary entryway to Iowa City from the Southwest.
Owners acknowledge that the City's policy concerning entrances governs this rezoning
request and, therefore, agree to certain conditions over and above City regulations in
order to lessen the impact of the development on the surrounding area.
4. In order to provide for attractive development at the southwest entryway to the City, to
assure the coordinated development of the above -described land so as to minimize traffic
conflicts In the area, and to lessen the impact of the development on the surrounding
area, Owners agree that the development of the Dane tract will conform to the following
conditions:
02/23/93 08:33 - 3l9 354 6962 PHF.I-AN. T' CKGR
C£i1005
2-
The development shall have only one vehicular access point onto Highway 1
which shall be located at Sunset Street, No additional vehicular access points
onto Highway 1 shall be permitted.
Future development of the Dane tract shall include an internal circulation drive
which will provide access to any development on the annexed property, as well
as access to the property located to the north and south of the Dane tract, This
internal drive system shall be shown on all site plans for future development.
C. Any and all improvements to the intersection of Sunset Drive and Highway 1
required to accommodate the proposed development shall be built at the Owner's
expense. These improvements may include, but are not limited to, upgrading the
traffic light, constructing a left -turn lane for the southwestbound lanes of Highway
1, and constructing acceleration/deceleration lanes for the northeastbound lanes
of Highway 1. The City Traffic Engineer, In conjunction with the Iowa Department
of Transportation, shall determine what improvements are necessary and
appropriate.
d. No outdoor storage of merchandise or material shall occur within 100 Meet 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 S 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
the landscape beds, to be approved by the Director of Planning and Community
Development.
e. Loading docks and receiving areas shall not be located on any wall facing
Highway 1 unless screened from view by a building. Loading docks in other
locations which are visible from Highway 1 shall be screened.
All buildings constructed on the Dane tract shall be compatible in style and use
of building materials. With the exception of trim, elevations visible from a public
street shall be masonry, which may include fired brick, stone or similar material,
dressed concrete block, and stucco or like material when used in combination
with other -masonry finish. Alternative building materials may be substituted if the
Director of Planning and Community Development determines that the use of such
other materials satisfies the intent of this Agreement. All elevations visible from
.Highway 1 shall have a finished facade. Rooftop mechanical devices shall be
screened.
g, The periphery of all parking areas shall have planted landscape beds at least 15
feet in width.
h. All parking rows shall be terminated with a landscape bed a minimum of 9 feet in
width. The landscape beds shall be planted with parking lot trees.which may
count towards the parking area trees otherwise required by City ordinances.
i. No more than two free standing signs shall be permitted on the Dane tract.
02/23/93 08: 34 U319 354 6962 PHFI,.�.V, "rCCK1iR * M006
IS
All signage fixtures shall be uniform throughout the development.
if signage is to be lighted, it shall be internally illuminated.
I. All parking lot light fixtures shall be consistent throughout the development.
m. All lighting shall be downcast.
n. Landscape beds a minimum of 5 feet in width shall be provided along at least
25% of front building elevations, and shall be planted with a variety of evergreen
and deciduous shrubbery,
o. 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 Owners agree that each and every development on the Dane tract must submit a
development concept plan to the Department of Planning and Community Development
prior to development, The Director of Planning and Community Development shall review
and approve the concept plan based on the criteria listed above. The Director may
approve a concept plan containing minor modifications to the criteria listed above,
provided the modifications substantially satisfy the intent the criteria. Decisions of the
Director may be appealed to the City Council upon recommendation of the Planning and
Zoning Commission.
6. The Owners acknowledge that the conditions contained herein are reasonable conditions
to impose on the land under Iowa Code§ 414.5 (1991), and that said conditions are
appropriate to satisfy public needs caused directly by the requested zoning change.
7. The Parties acknowledge that this Agreement shall be deemed to be a covenant running
with the land and with title to the land and shall remain in full force and effect as a
covenant running with the title to the land unless or until released of record by the City.
The Parties further acknowledge that this Agreement shall inure to the benefit of and bind
all successors, representatives and assigns of the parties.
8. Owners acknowledge that in the event the subject property is transferred, sold
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
9. The O)vners acknowledge that nothing in this Agreement shall be construed to relieve the
Owners from complying with all applicable federal, local and state regulations.
10. The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorder's Office.
0.2 1993
Dated this day of
02/23/93 08:35 $319 354 090E YHHL\\, 'rl'C KI?ll (�OOi
-4 -
APPLICANT
Approved by:
City Attorney's Office
STATE OF CAL,rF. }
} SS:
iCc70 COUNTY )
CITY OF IOWA
Co-
Darrel
Attest: 2-
Mahan K. Karr, City Cierk
ml
RY SEAL
OVELACE
CeNlomiaOUNTY JUL 16,iDD4
On this _�,�, day of *:'oE (3. , 1993, before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Harold John Dane, Jr, and
Allegra Dane, to me known to be the identical persons named in and who executed the within
and foregoing instrument, and acknowledged that they executed the same as their voluntary act
and deed.
Notary Public in and for the State of California
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
r. this day of era
err 1993, before me, Sond.
_ ,Q , a Notary Public in and for the State of Iowa, personally appeared
Darrel G, Courtney and Marian K. Karr, to me personally known, and, who, being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that
the instrument was signed and sealed on behalf of the corporation, by authority of its City
Council, as contained in Ordinance No. 98 � 3SL 3 passed by the City Council on the
& r4 day of AARrd, , 199*6 , and that Darrel G. Courtney and Marian
K, Karr acknowledged the execution of the Instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
ppdadminldane.cza
/I
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
APRIL 2, 2020 —7:00 PM — ELECTRONIC FORMAL MEETING
E M MA 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
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.
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 farwest 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
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 extensior
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 farwest 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 Rivertront Crossings area. Barron noted in the
Rivertront 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
farwest 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 easementfrom 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.
Dyerseconded.
A vote was taken and the motion passed 7-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2019-2020
1/17
(W.S.)
214
2121
3/7
3121
414
4/18
5/16
616
6120
7118
8115
9/5
1013
10117
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