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HomeMy WebLinkAbout07-01-2004 Planning and Zoning Commission Agenda . Informal Meetmg Planning and Zoning Commission Monday, Jooe 28, 2004- 7:30 p.rn. . ****** RECREATION CENTER MEETING ROOM B ****** 222 SOUTH GILBERT STREET Agenda Formal Meeting Planning and Zoning Commission Thursday, July 1,2004 - 7:30 p.rn. Emma J. Harvat Hall (Iowa City City Hall) A. Call to Order B. Public Discussion of Any Item Not on the Agenda C. Rezoning ¡Subdivision Item: REZ04-00013¡SUB04-00021 Discussion of an application submitted by Regency Land Company LLC for a rezoning ftom Interim Development Single-Family (ID-RS) zone to Sensitive Areas OverlylLow Density Single-Family (SAOIRS-5) zone and a preliminary plat and Sensitive Areas Development Plan for Mackinaw Village Estates, a 75.25 acre subdivision including two l6-urut multi-family buildings, 72 town house style dwellings and 93 single family lots located north of Foster Road. (45-day limitation period: August 7, 2004) D. Rezoning Item: REZ04-00016: Discussion of an application submitted by Abraham Enterprises for rezoning ftom Commercial Office (CO-I) zone to Community Commercial (CC-2) zone for 1.2 acres of property located at 1901 Broadway Street. (45-day limitation period: July 23, 2004) E. Subdivision Item: SUB04-000 16: Discussion of an application submitted by the City ofIowa City for a preliminary and final plat of "East Side Ground Water Storage Reservoir" a 4 acre I-lot subdivision located on the north side of Lower West Branch Road east of Taft Avenue. F. Other Item: Discussion of Planning & Zoning Commission By-Laws, Section 10, Conflict of Interest. F. Consideration of the June 17, 2004 Meeting Minutes. __ "".__ _ n'_'" _,_ ,_,_" "_n__ _",_ __ _n_n H'__'_' __ ,. _ G. Adjournment U cumin Plannin Informal July 12 Formal July 15 ___'_n_'_. _ u___ " & Zonin Commission Meetin s: August 2 August 16 August 30 August 5 August 19 September 2 September 13 September 16 October 4 . October 7 ./' --~~~-- STAFF REPORT To: Planning and Zoning Commission Prepared by: Tokey Boswell, Planning Intern Item:REZ04-00016, 1901 Broadway Street Date: July 1, 2004 GENERAL INFORMATION: Applicant: Abraham Enterprises L.L.C. 2190 Hwy 6 NW Oxford, IA 52322 Contact Person: John W. Hayek, applicant's attorney 120 % E. Washington S1. Iowa City, IA 52240 319.337.9606 Requested Action: Rezoning of 1.20 acres from Commercial Office Zone (CO-1) to Community Commercial Zone (CC-2). Purpose: To allow a greater range of uses on the property, thereby attracting a greater range of tenants. Location: 1901 Broadway Street, near the intersection of Broadway and Highway 6 Approximately 1.20 acres Size: Existing Land Use and Zoning: New building with commercial space below and dwelling units above, Commercial Office Zone (CO-1) Surrounding Land Use and Zoning: North: Hwy 6 right-of-way, then Low Density Single-Family Residential Zone (RS-5) Pepperwood Plaza, (CC-2) Law office, (CO-1) Pepperwood Plaza. (CC-2) South: East: West: Comprehensive Plan: The South District Plan's Future Land Use Scenario shows this area as commercial property, with residential areas to the east and south. File Date: June 8, 2004 45 Day Limitation Period: July 23, 2004 ~~"T_""_____'_W_____ 2 BACKGROUND INFORMATION: This property is the former site of the Colonial Park office building. After that building burned down, the site was vacant for a number of years. In 2002, a rezoning request identical to this one was proposed for the vacant lot, and subsequently withdrawn. Since that time, the property has changed ownership and a new building has been constructed on the site with commercial space on the ground floor and residential space above. This request for rezoning has been initiated by the current owner who has indicated difficulty in leasing the commercial space on the ground floor due to the restrictions of the CO-1 zoning category. The applicant believes that rezoning the subject property to CC-2 will enable them to more readily complete the leasing of commercial spaces in the building. ANALYSIS: The intent of the Commercial Office (CO-1) zone is to provide specific areas where office functions, compatible businesses, apartments and certain semipublic uses may be developed. The zone can serve as a buffer between residential and more intensive commercial or industrial areas. The Community Commercial (CC-2) zone, on the other hand, is intended to provide for major business districts that serve a significant segment of the total community population. In addition to a variety of retail goods and services, these centers may typically feature a number of large traffic generators. Certain of the permitted uses may have limited outdoor activities. The Comprehensive Plan and the South District Plan indicate that this area is suitable for general commercial purposes. The requested rezoning would be in line with that designation, as both Commercial Office and Community Commercial zones are classified as general commercial zones. As mentioned above, one intent of the CO-1 zone is to provide a buffer between residential zones and more intensive commercial areas. This parcel does not act as such a buffer to any great extent, as it abuts the Pepperwood Plaza on two sides (the south and west) and has highway frontage on one side and office uses across the street on Broadway Street. North of the property the Highway 6 Trail provides open green space between the building and the Highway. The Low Density Single-Family Residential (RS-5) neighborhood on the north side of Highway 6 is some 300 feet from this parcel. On the east, the parcel fronts on Broadway Street. The property directly across Broadway, zoned CO-1, is a law office that does serve to divide the commercial uses in Pepperwood Plaza from the High-Density Multi-Family Residential (RM-44) neighborhood to the east and south. The building is oriented so that its façade is to Highway 6 and the trail. There is parking in front of the building to meet the requirements for a new commercial/retail use, and additional parking spaces behind (roughly south of) the building, which could serve as tenant/employee parking. The orientation of the building, the lack of connection between this property and the rest of the Plaza, and the building materials used serve to visibly separate this parcel from its neighbors in Pepperwood Plaza. Iowa State Bank and Trust has accomplished a similar separation on the western side of the Plaza. This property will be landscaped with trees and other plantings prior to occupancy, enhancing its appearance for both commercial and residential tenants. The rezoning to CC-2 would allow a greater range of uses such as retail sales, personal grooming salons, and restaurants in the commercial space. These are uses that either require a special exception or are prohibited entirely in the CO-1 zone. The City's Housing Inspection Services Department confirms that several potential tenants have inquired about the commercial space, only to find they are not allowed or allowed only by special exception. Rezoning the property to allow these uses to take advantage of existing space in this redeveloping area grants flexibility to both tenants and owner, and seems prudent to Staff. Thus, Staff is in favor of rezoning this 3 property to CC-2. The presence of dwelling units above the commercial space complicates the rezoning request slightly. Dwellings located above or below the ground floor of another use are listed as a provisional use in the Commercial Office (CO-1) zone, but require a special exception in the Community Commercial (CC-2) zone. No other structure in Pepperwood Plaza features residential units. If the Commission approves the rezoning request, the apartments will be considered a conforming use on the property even though they did not go through the special exception process. Mixed-use (commercial/retail and residential) developments have occasionally experienced parking issues. Conflicts can result when commercial/retail visitors infringe upon residential parking areas, and vice versa. For this reason, Staff recommends the rezoning be approved subject to the installation of signs designating 8 parking spaces that are reserved for residential tenants. STAFF RECOMMENDATION: Staff recommends that REZ04-00016, a request by Abraham Enterprises, l.L.C, to rezone approximately 1.20 acres at 1901 Broadway Street from Commercial Office Zone (CO-1) to Community Commercial Zone (CC-2), be approved, subject to 8 parking spaces being marked with signs indicating that they are reserved for residential tenants. ATTACHMENTS: 1. Location map 2. Application documents Approved by: 74~ Robert Miklo, Senior Planner, Department of Planning and Community Development . S:\lnterns\Urban Planning\REZ04-00016. 1901 Broadway ~ tj ~ s:; ~ ~ tj J1iJ ;dS I' I' - - , · · , - , , > · · · 5 · · j L is 3ðOl!! L_ ,... '-' tJ '" ~ c: '- t:J..... ¡¡;; Q r--QA .c:..... ì7:¿;; t:J ~ ~ " --., "-~ ~ ~ 11§f ~ . IW [J]fC r '-' ~ J~ J< c ~ is A'tMOVO!!8 ~ z o c ,.. - ,... d ] is lN3JS3¡P - 1- - 1- - 1- '- '$ « !¡- w '", c "- '" is AJ!!V~ ~ q: J 7 . -.. ~ 1/ C .... I, 1-......'''- - ~ 'i6v I~", -<~ \ - " ç¡ v 1 L ! \ ; l fi! &; ,J){' ok ¿;¡ <è ,.... '-' E 15 WrnJAOS IL N - . -,- l' ,- t IL ¡¡: I¡O; ð - / ,. . &' ;J: ':{ 15 '" ~ r ::J o ;r: - ,'" \. - w ~ -J >- ;¡1 ~ . :g z a '" " '" 5 <C ..... g o I g ..,.¡, / '" <10 1135S01l '" « -J >- 51 o -L,L I !KJ UO!!:JNVS I..L.J. ttt 1S ]:II\VO ì , :;, >- ::> ¡¡¡ '" . 3A!!!O <lOlAVl ! ~/ 1 - - ~ "- - ù '" I -' 'I. I !t - or /Á-- ..... 'tM(J'tO!!S 'lit g:'IIt ~ d , '" I tr « '-' '" :5 IE ::> ~ ~ X z 0 tr m u.. g: ! 1 I 'yy' /' \ 1i) e +-' en >. ø ;t ~ e aJ " "- '" ý ... ,.... N :Ii U .... u 0+ tr a r "" f1 '" :> a z ~ -J '" g ...... - 0 ",0 r-.l~ f J- æ ,"...,' "- is ~(1~03~ a: , {). '" ... ..... 'x "-ãi ;:¡ p> \ ~I ..... o Ø) ..... I ~ /1 '> >.(0\1 'A/~ /\1.. ^,-'<, ) z o oooo ~ t) o ...,;¡ \'.I.l t:: Cij -rl d '" u a ~ z ¡g r (~ APPLICANT'S STATEMENT IN SUPPORT OF REQUESTED ZONING CHANGE This property is presently zoned CO-I. Applicant has recently constructed a two- story building on the site with commercial space on the ground floor and residential space on the second floor. Applicant has had difficulty in leasing the commercial space on the ground floor because of the restrictions of the CO-l zoning category. Applicant believes that rezoning the subject property to be consistent with the zoning of the remaining property in the block (CC-2) makes more sense than having the subject parcel being the only parcel in the block of CO-l property and would enable applicant to much more readily complete leasing of the commercial spaces in the building. ....., - = 0 = ~9 .I;;" <- c'" !l """w 0-< -.. I -, - ¡~ -'1r:¡ 00 , ~\....'- . .-<, " m m Þ'" 1 ð;Q -~ -"" ' , :"........1 ~./'. N .. » - - 0 Abraham Enterprises, L.L.C. P.o.Bœ.5295 Coralville, lA52241 June 21, 2004 Neighbor of 1901 Broadway Street, Iowa City Dear Neighbor: I am one of the managing members of Abraham Enterprises, L.L.C. On June 8th we flied an application with the City ofIowa City to rezone our property at 1901 Broadwayfrom CO-1 to CC-2. I am writing to you as a nearby property owner to explain why we have filed this rezoning application and why we think it is appropriate for this neighborhood. As you know we recently constructed what I believe to be a very handsome two-story commercial/residential building at the corner of Broadway and Highway 6. We are finding that our efforts to lease the commercial space on the first floor, particularly, are made difficult by the restrictive nature of the present CO-l zoning category. Many useful retail establishments are not permitted in the CO-1 zone. Others are only permitted by special exception meaning that a special permit has to be obtained from the City to operate the business. These kinds of restrictions discourage tenants from considering that space. We are requesting a zoning change to Community Commercial Zone (CC-2). This zoning would permit such husinesses as retail establishments, theaters, and business and personal service establishments without the need of obtaining a special permit or special exception. We also note that the property located adjacent to our property in the block bounded by Keokuk Street, Highway 6, and Broadway is presently zoned CC-2. We think our zoning change request would simply serve to make our property consistent with the zoning of this neighboring property. You will be given an opportunity to ask questions and provide input about this zoning request to the City of Iowa City. There will be at least one meeting of the Iowa City Planning and Zoning Commission at which our application will be considered. Presently that meeting is scheduled for July 1, 2004, at 7:3Q in the Iowa City Council Chambers. If you do plan to attend the meeting, I suggest that you check with City officials to make sure that the meeting time and date has not been changed. There will also be a subsequent meeting of the Iowa City Council at which this zoning change will be discussed. Further, and more importantly from our standpoint, we want you to know that we are happy to try to answer any questions you might have about our rezoning request. You can reach me by phone at (319) 545-1419 and I will be happy to discuss this matter with you further. We think our requested zoning change not only makes sense for our particular property at 1901 Broadway but also makes sense for the neighborhood. We think that attracting good commercial tenants to this area is in everyone's best interest. We hope that you will agree. Very truly yours, To: Planning and Zoning Commission Item: SUB04-00016, East Side Ground Storage Reservoir GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45-Day Limitation Period: STAFF REPORT Prepared by: Tokey Boswell, Planning Intern Date: July 1, 2004 City of Iowa City Ron Knoche, City Engineer and Mitch Behr, Assistant City Attorney 319.356.5140 (Knoche) 319.356.5030 (Behr) Approval of preliminary and final plat of "East Side Ground Storage Reservoir", a subdivision of approximately 70 acres that results in two parcels. The City wishes to acquire the smaller parcel as the site of a future East Side Ground Storage Reservoir. In Johnson County, east of Iowa City, north of Lower West Branch Road and east of Taft Ave. Parent parcel: Approximately 70 Acres Two new parcels: 4.00 Acres and -66 Acres Agricultural, A 1 (Rural) North: South: East: Agricultural, A1 Agricultural, A1 Agricultural and Single Residence, A1 Agricultural, A 1, and Suburban Residential, RS West: The parent property is part of the Northeast Planning District, and is split by the growth area boundary. The smaller lot created will be outside the growth area. June 2, 2004 July 16, 2004 2 BACKGROUND INFORMATION: The City of Iowa City has submitted an application for a subdivision that would result in two parcels of land. The seventy-acre parent parcel is currently owned by St. Mark's United Methodist Church, and zoned A 1, Rural. The land is located in Johnson County, east of Iowa City. The property is located in Fringe Area B of the Fringe Area Agreement between Johnson County and Iowa City, and the parent portion is split by the growth area boundary. The Iowa State Code provides the City with the authority to review and approve proposed subdivisions within the two-mile fringe area prior to considerations of the subdivision by the Johnson County Planning and Zoning Commission and Board of Supervisors. The St. Mark's parcel covers an entire half-section (with its southwestern corner at the intersection of Taft Ave. and Lower West Branch Road) save approximately seven acres occupied by the Powell homestead. The proposed subdivision would result in two parcels: The first parcel of approximately four acres fronting Lower West Branch Road and abutting the Powell property on its western boundary, and a second comprising the remainder of the parent parcel. The land owned by St. Mark's is currently in agricultural use, but a portion of the property has been identified by the City Engineer as a prime location for the City's future East Side Ground Storage Reservoir. The City has initiated the subdivision so that it may purchase the four-acre parcel created for the reservoir. The City will request the property be rezoned to P, Public, in the future. St. Mark's would retain the larger parcel and any proposed development of that land would be subject to future subdivision review. ANAL VSIS: Iowa City's Comprehensive Plan states that due to the abundance of undeveloped land in the Northeast District, the long-range growth policy recommends capitol improvements occur within the existing corporate limits before reaching outward. The Ground Storage Reservoir project is unique and will serve Iowa City in the very long-range, however - construction is unlikely to begin within the next five to ten years. The forethought of the City Engineer and the timeline for implementation make this project appropriate outside current City limits. The Iowa City/Johnson County Fringe Area Agreement states that agricultural uses are preferred in areas outside the City's growth area boundary. This subdivision will eventually result in the replacement of agricultural land with public property, but it will not result in residential, commercial, or industrial development. The proposed four-acre lot to be purchased by the City will appear as open space in a manner consistent with cluster subdivisions, which are the preferred model of development outside the City's growth area. The nature of the project, the timeline under which it is operating, and a 100-foot wide utility easement that runs north to south through the property will all help this parcel retain the desired rural appearance. Finally, the Northeast District Plan calls for Lower West Branch Road to be a focal point and main collector street for the Lindemann Hills neighborhood west of the parcel to be subdivided. This subdivision and subsequent use of the smaller parcel will not affect the traffic load or the atmosphere of Lower West Branch Road in any substantial way. 3 STAFF RECOMMENDATION: Staff recommends that SUß04-00016, East Side Ground Storage Reservoir, a subdivision request by St. Mark's Methodist Church, owner, and the City of Iowa City, applicant, to subdivide approximately 70 acres into two parcels, be approved. ATTACHMENTS: 1. Location maps 2. Preliminary and Final Plat Approved by: é ~ Robert Miklo, Senior Planner, Department of Planning and Community Development S:\lnterns\Urban Planning\SUBQ4.00016 E.S.GW.S.R. . , (0 ,... § I ~ o !Xl ::> CfJ , · Zl~ , " """ - "" 7f / ,-"" ,. , .,,; - 4 . 1111'1 3l'll1:lOdìIOi> J.,1 () '1M .:/OJ.,1Q rFT - . )"(j.J&'.\ . , . , ! 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Gilbert Street Iowa City, IA 52240 351 8282 Phone: Requested Action: Rezoning from ID·RS to SAO/RS-5 Preliminary Plat Purpose: Development of 115-lot subdivision, including 2 16-unit multi-family buildings, 72 townhouse style dwellings and 93 single-family lots. North of Foster Road Location: . Size: 75.25 acres Existing Land Use and Zoning: One single family house and undeveloped, IзRS Surrounding Land Use and Zoning: North: Interstate 80, water plant, residential and undeveloped - P and ID·RS South: Golf course - ID·RS East: Residential-ID·RS and RM-12 West: Iowa River Comprehensive Plan: Conservation and Cluster development 2-5 units per acre. File Date: June 23, 2004 August7,2004 45 Day Limitation Period: . BACKGROUND INFORMATION: This property is located in the North District. It contains several environmentally sensitive features including the Iowa River corridor and flood plain, wetlands, regulated slopes and woodlands. The 2 Comprehensive Plan indicates that this property is appropriate for RS-5 zoning. The applicant is requesting a Sensitive Areas Overlay zone to allow variances to permit multi-family buildings, a reduction of lot area and lot width for certain lots and a reduction of street width for Arch Rock Lane and Tanquil Bluf{ Trail. The property contains one single-family home located at the corner of Foster Road and Arn Lane (a private drive). This existing dwelling will be removed prior to development of this property. ANALYSIS: Comprehensive Plan: Streets and Traffic: Currently Foster Road provides the only street access to this property and much of the land west of Dubuque Street. Due to the limited street access it has been the City's policy that zoning and development of land west of Laura Drive including this property should be limited to RS-5. It has also been the City's policy to limit street intersections and curb cuts onto Foster Road to as few as possible so that its capacity can be preserved. To improve traffic circulation in the area the North District Plan shows a loop street connecting Laura Drive and Foster Road as a means of providing access to the properties north of Foster Road. This application complies with these policies. Historically, standard RS-5 subdivisions have resulted in a density of just under 2 single-family homes per acre. This is the density achievable after land is set aside for public streets, storm water management facilities and open space. When clustering is allowed through a Planned Development Housing Overlay or a Sensitive Areas Overlay, higher densities are possible. Recent OPDH-5 developments have achieved densities as high as 3.25 units per acre. The proposed Mackinaw Village Estates would have a density of 2.6 units per acre, which is well with in the range contemplated by the Comprehensive Plan for this area. Mackinaw Village includes Algonquin Road, which will connect Foster Road to the Arn property. When the Arn property develops Algonquin Road can be extended to the north and then to the east to connect to Laura Drive. This will provide for the street network anticipated in the Comprehensive Plan. Mackinaw Drive provides access to the western part of this subdivision. Staff believes that the two streets intersecting with Foster Road is a reasonable number for a subdivision of this size and will be in compliance with the policy of minimizing intersections with Foster Road. Neighborhood Design: The North District Plan promotes the use of cluster development of this area to preserve the environmentally sensitive features such as the Iowa River corridor, steep slopes and woodlands. The plan suggests conservation design development for the portion of the property that that contains steep slopes and woodlands and suggests the clustering of medium density development in the flatter areas near Foster Road. The applicant's plan generally depicts larger lots north of Mission Point Road and smaller lots and multi-family buildings closer to Foster Road where the property is less encumbered by environmentally sensitive features. The Comprehensive Plan notes that development in the North Planning District along Interstate 80 should take traffic noise into consideration during development, and the North District Plan states that 1-80 will be reconstructed to six to eight lanes in the near future. The District Plan suggests that existing trees be preserved and that additional trees be planted to provide a visual and possibly sound buffer for the homes that will be located adjacent to the Interstate. Lot s 42-44 and 51 to 57 are large and contain a 150-foot dwelling set back from the interstate. Accessory buildings, such as garages and tool sheds, will be allowed in the 150 foot set back, 3 but homes will be restricted to the southern part of the lots. A landscape buffer consisting of a variety of evergreens and deciduous trees is proposed adjacent to the Interstate. As discussed below the tree retention plan should emphasize preservation of existing trees within the development to further buffer this neighborhood from the interstate. The North District Plan and Sensitive Areas Ordinance promote the concept of clustering to allow development away form environmentally sensitive features. Thus the applicant's proposal to include smaller single-family lots, townhouse style multi-family buildings and 2 16-unit multi- family buildings is appropriate. The North District Plan and Sensitive Areas Ordinance also discuss the importance of design when higher density development is proposed. Where a variety of housing types is mixed within a development, the architectural styles, scale, materials and massing of buildings should be compatible. This allows for more aesthetically pleasing transitions and compatible neighborhoods. For the most part this proposal complies with these policies and requirements. The 2 16-unit multi-family buildings are 2 stories in height compared to the typical 3 story multi-family building often built in Iowa City. The building design, which includes bays, balconies and trim and the use of masonry on the first floor with siding above will help define the residential scale of the buildings. These buildings include attached garages on each end. A landscape berm and hedges are proposed to screen the view of these garages. An evergreen screen is proposed along the eastern property line. In staff's view, the 2-story height. building design and landscaping features will make the multi-family buildings compatible with existing and proposed development in this area and warrant a Sensitive Areas Development Plan variance to allow multi-family buildings in an RS-5 zone. Lots 3-19 are proposed to contain townhouse style dwellings with 2 to 4 units per lot. The applicant has submitted 3 building elevations for these models. At this point the applicant is not sure which model will be built on which lot. The applicant has indicated their intent to use a variety of facades. This should be noted on the Sensitive Areas Development Plan to help assure that these streets do not have a monotonous appearance. These townhouses will have rear lanes that provide access to 2-car garages. A landscape medium will enhance the rear lanes. The use of the rear lane will allow these attached units to be built without paving in the front yard and there will be no curb cuts onto Arch Rock Lane. In staffs view if a variety of facades are used the townhouse design will result in a pleasant streetscape compatible with existing and proposed development in this area and warrants a Sensitive Areas Development Plan variance to allow attached dwellings in an RS-5 zone and the reduced street width for Arch Rock Lane. Lots 20 to 22 are proposed to have 4-unit townhouse style dwellings with front driveways and curb cuts onto Mission Point Road. The applicant has indicated the gas pipe line easement on the north side of these lots make a rear lane more difficult. The front driveways will result in an extensive amount of paving the front yard of these units. The RS-5 zone allow for only 50% of the front yard to be paved. On lot 21 this would be exceeded. The applicant has indicated a willingness to work with staff to modify the building elevation to soften the appearance of the garage and to reduce the amount of front yard paving. Lots 24,25,28,29 and lots 90-100 and lots 103 to 106 and lot 108 to 114 do not meet the minimum lot width and/or lot area requirements of the RS-5 zone. These lots are essentially RS-8 lots proposed in an RS-5 zone. The Sensitive Areas Overlay zone allows the clustering of density by reducing lot size and lot width but the ordinance contains criteria for development on smaller lots (Section 14-6K-1 N.3.k. (1». The applicant has indicated that they do not yet have specific house plans for these smaller lots. At the time of Final Sensitive Areas Development Plan approval the applicant will need to demonstrate compliance with the this provision in order to receive the variance to allow the lots which are substandard to the RS-5 and lot width and lot area requirements. 4 The Comprehensive Plan promotes the development of a pedestrian trail network throughout the North District. To accomplish this Comprehensive Plan goal, the Iowa River Trail connection is proposed along Mackinaw Drive and Manitou Trail as an 8-foot wide sidewalk (the City will pay for paving cost over 4 feet) and then continues between lots 57 and 58 to the Interstate 80 right-of-way. Sensitive Areas Overlay Requirements: Woodlands: A revised tree protection plan was submitted on June 25. Staff has not yet had time review the plan. We hope to complete our review prior to the July 1 Planning and Zoning Commission meeting. Staff will review the plan for compliance with the requirements of the Sensitive Areas Ordinance and the policies of the Comprehensive Plan, which indicate that the highest priority should be given to woodlands in the floodplain and on protected, critical, and steep slopes. Another goal is retention of as many specimen-quality trees as possible. In this particular location, emphasis should be placed on maintaining groves of trees as noise buffers between development and the Interstate 80. Wetlands: There is a large area on the map marked as "Probable Wooded Wetland. A wetland delineation accepted by the Army Corp of Engineers is required. A wetland mitigation plan is necessary to show how storm water runoff will be treated. Conservation Easements: Conservation easements (no-build lines) will be necessary for all private lots that contain protected slopes, retained woodlands, floodplain areas, wetlands, or their respective buffers. Construction activity is not allowed in these areas. Open space: The zoning and subdivision ordincance requires the dedication of 1.77 acres of neighborhood open space for a subdivision of this size. The plan includes several Outlots including Outlot E, which includes the flood plain, wetlands and areas of steep and protected slopes. The City has accepted a similar Outlot in Oakmont Estates. The Parks and Recreation Commission has reviewed the plat and has indicated a willingness to accept dedication of Outlot E to fulfill the neighborhood open space requirements. If the applicant decides to retain Outlot E the Parks and Recreation Commission will need to determine if it would like a 1.77- acre portion to be dedicated. If the applicant retains the Outlot E a conservation easement will be necessary to protect the sensitive areas located on it. The Home Owner's Association will also need to assume maintenance responsibilities and liability for the property. Outlot C is a private open space located over the gas pipeline easement. It is surrounded by Tanquil Place and Manitou Trail. Because Tanquil Place will have only 8 homes and will have curb cuts on only one side, it is proposed to be reduced to 26 feet in width as allowed by the Sensitive Areas Ordinance. Storm water management: Storm water will be directed to the Iowa River and no detention basins are required for most of this property. The area near Algonquin Road currently drains to the east. The applicant proposes to redirect it towards the west so that no detention facilities will be required. A grading and erosion control plan and a storm water management plan are necessary to show protection of the wetlands and the Iowa River corridor. Development Fees: A $395 per acre water main extension fee applies to this subdivision. There are no Sanitary Sewer fees for this area. 5 STAFF RECOMMENDATION: Staff recommends deferral pending review of the tree protection plan, grading and erosion control plan. and resolution of the deficiencies noted below. Upon resolution of these items staff recommends approval of REZ04-00013/SUB04-00021 a rezoning from Interim Development Single-Family (ID-RS) zone to Sensitive Areas Overly/Low Density Single-Family (SAO/RS-5) zone and a preliminary plat and Sensitive Areas Development Plan for Mackinaw Village Estates, a 75.25 acre subdivision including two 16~unit multi-family buildings, 72 town house style dwellings and 93 single family lots located north of Foster Road. DEFICIENCIES AND DISCREPANCIES: 1. Tree requirement tables for lots 1-22 should be corrected. 2. A wetland delineation should be submitted. 3. Outlots C and E will need to be reletter as Outlot A and 8. Approved by: . Karin ranklin, Director, Depa ment of Planning and Community Development "'r LJ , ~ ~ (3 ~ I~I ~. 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'WSx11'9 , ÇJ;y ·1 In~ ~ 'Ii 1-4'4K11'1Q tl L__n_nu H~ Q LMng 14'2:1113'4 ~ 14'2:113'4 Bdrm2 W!11" , d ------------ ¡----¡ I / 1/ / Bdrm3 11'&11'8 // , ' "- / . , / " / ' 1\. 1 Bdrm3 ¡ " ! 11'8x11'6 ,~ \ I I' \, "-"~ L_~ - ~ - .. ~ 14'.u11'1Q ~..' . . h Main Floor Upper Floor Artist's Conception Some plans are shown with options <:::Regency Builders, Inc 1997 Regency Homes ""T' '11... N' A· " ~ I'~ . iJile I ieiW ..m.encan uIfeam·· Visit us on the web www.regencyhomes-usa.com ERTIFIED HOMES USE AT LEAST 30%LESS ENERGY THAN HOMES BUILT TO THE MODEL ENERGY CODE" SPECIFICATIONS """'- Unit plans ACBA 1243-1608 Square Feet Approx. Garage Garage Garage Garage -""'-"-"'-"-"'-="'-"=,, , · · · :¡ , · , , OPt. 2 ;, .' .' car ;: .' .' , ., " " " .' " " -------~---------------------------~---- , , rF~===-===-=== " " " " " ., " " ., ., '< Opt. 2 " .. ., " car ., " . ., ., " " " " " _n_n__n_ , , , , , , , , ,_______n____________ , , , , , , , . , "-------------------" , , , , , , , . , , "----------j Master 13~X16° 8drm 2 134X109 _.JL.JC Dining 12~1O° Dining 1:lxl0() Living 19°)(126 Living 181OX13° Living 1810X126 Living 190Xll Master 1'\:146 8drm2 10~101 Loft 90X115 8drm 2 , , 12 X13 ( Master 12°X149 Loft 90X115 Master 110X146 8drm2 101X101 c d I :' '----------------r" " , , L___________J , , , L_____-' L______ . ------------------- b o A2 C2 82 Al A2 (2 82 Al Main Floor Upper Floor Artist's Conception Some plans are shown with options ©Regency Builders, Inc 2001 tI<àMES "Building The New American Dream" ointe Standard Elevation A 1, A2,& 82 Units 1278 to 1607 Square Feet per Unit Approx. I . *" Q .. I, ~-) \ . \ / ,.-, '.;/ __~_..-.J\ ~' .' , / .' . Mbr Mbr 113>;:14 11x11 Mbr 11\14 Uvingl Dining lS1Qx236, , Living/ Dining 15x32 Uv!ng/ Dining 15x32 Uving! Dining 156)(22 l---- , I I 82 \- OPeN m "'"'" OPEN m BElOW Den 98X:12 I Garage Garage Garage Garage /\ /1\ ,\ / 1\ / \/' \. " , \ \ .~ I I J 4:='- . , , I Br2 loft! ; 6 I I '1 x22 Br2 , I loW Br2 /f\ / .' \ " / \ ' / / '\ \ /, "\ -j / ~' \'" I \ \~ I, \ 82/ ì \. \ N 82 82 N Main Floor Upper Floor Artist's Conception Some plans are shown with options (;Regency Builders, Inc 2000 hh'Y. b·· IN . r A' " D' hI¡ . ! .' /~ I· i~~"'~ ,. i 1OO1~f'-1!1i"""1!" ! itI'-g.,~. .". _..'''' :. 4~'V;,V/ ~.'~,Ii~,~·_:_ij~(¡Jt..'L~ :_",,'~~~.-"L--'i Visit us on the web www.regencyhomes-usa.com City of Iowa City Date: July 1, 2004 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner RE: Conflicts of Interest and Planning Ethics Recently the Planning and Zoning Commission voted to amend its bylaws (Section 1 0) in regards to recusal in the case of conflicts of interest. I n the past, Commissioners were required to leave the chambers during the discussion of items of personal interest; the amendment allows Commissioners to remain in the room while such items are under discussion. The Rules Committee of the City Council has referred the amendment back to the Commission and asked that the Commission consider whether it wishes to allow Commissioners to participate in the discussion of items in which they have a personal interest. Discussion from previous meetings indicates that this was not the Commission's intent. Staff wishes to provide more information on the history of planning ethics to the Commission as it contemplates this issue. Community planning has often been described as more of an art than a science. as there are few hard and fast rules by which planners and other decision-makers must operate. Rather, planning is a dynamic process that is dependent on citizen participation and interaction between the public and civic leaders. If citizens' respect for and trust of planning administrators is in question, or if planning authorities fail to respect the wishes of the public, the process of community planning is weakened. For this reason, planners and planning officials are held to a stringent code of ethics that requires full public disclosure of any real or apparent conflicts of interest. The American Planning Association's (APA's) stance on this matter is very clear. The APA's Ethical Principles in Planning is a guide to ethical conduct for all who participate in the process of planning as advisors. advocates, and decision-makers. It presents a set of principles to be held in common by certified planners, other practicing planners, appointed and elected officials. and others involved in planning decisions. Section 8 of the document states: Planning process participants [should] continuously strive to achieve high standards of integrity and proficiency so that public respect for the planning process will be maintained. Planning process participants should: . . . abstain completely from direct or indirect participation as an advisor or decision maker in any matter in which they have a personal interest, and leave allY chamber in which such a matter is -. under deliberation, unless their personal interest has been made a matter of public record; their employer, if any, has given approval; and the public official, public agency or court with jurisdiction to rule on ethics matters has expressly authorized their participation. (subsection 4, emphasis added) The APA's message clearly applies not just to planning Staff but also to Commissioners. The Ethical Principles in Planning also contains language to the effect that Staff and other decision-makers should define their "personal interests" in the broadest sense, and that even perceived conflicts of interest should be avoided. While the APA prefers that Commission members and planners physically leave the chamber where an item of personal interest is under discussion, other planning ethics literature is more lenient in allowing Interested parties to observe the proceedings. Professional literature indicates that direct participation by interested parties is clearly discouraged. Staff wishes to stress that this separation is mandated in order to preserve public trust in the planning process. Without this trust, the public aspect of planning may be called into question. This mandate may not extend to City Councilors, however. If City Councilors tread too heavily in matters of personal interest, the public has the option of removing them from their position of privilege during an election. The same is not true for Planning and Zoning Commissioners, who are appointed. P&Z Commissioners therefore have a greater obligation to protect the public trust by acting with conduct above reproach. Staff recommends that, as the amendment originally intended, in all cases involving personal interests, Commissioners recuse themselves from the dais to the rear of the chamber. Staff further recommends that, in accordance with APA guidelines, recused Commissioners not participate in the discussion of items of personal interest. Staff recommends that the original language of the amendment be retained and that no further amendments be made at this time. Attachment: Excerpt from Planning Commissioners Journal Approved , Kar n Franklin, Director, o artment of Planning and Community Development S:/lntemslUrban Planningle1hîcs memo , -- ,~ - ,--',--" ''''-'--._- __________c,_"""'_,_-4'1h'''~'¡",'-=, -- ,--, TIP #7 FOR NEW COMMISSIONERS RECOGNIZE CONFLICTS OF INTEREST ~, ,Why Care About Conflicts of Interest? Conflict of interest questions are part of the larger due proc- ess consideration of the impar- tiality of the planning board or commission. Simply stated, every party before your board is entitled to a fair hearing and decision, free from bias or fa- vor. Having a conflict of inter- est can threaten that impartial- ity. Therefore, it is critical that conflicts be identified and dealt with in an appropriate manner. The issue of couflicts of inter- est is particularly acute when a planning board member has an interest in developable real es- tate. While none of us like to think that we have given up some right by agreeing to serve on the planning board, the most sensitive ethical area in- volves a perception that a planning board member is act- ing in a way to advance his own interests in private prop- erty development. As a planning commissioner you are a public official. As such your àctions are sure to be undèr scrutiny by members of the public and by your local media. The slightest stumble in how you deal with ethical is- sues has the potential to flare up into controversy. When in Doubt, Disclose If you believe that you have a conflict of interest or a situa- tion that could create the im- pression of a conflict of inter- est, the safest route is to dis- close the nature of your con- cern to the planning commis- sion. Be sure to make this dis- closure before beginning dis- cussion of the item. Let the Commission Decide Rather than an individual planning commissioner making a unilateral determination on conflict questions, consider establishing a procedure whereby a commissioner may request permission to be ex- cused, or request permission to participate, and let the com- mission make the determina- tion. This has several effects. First, it removes the burden from the individual. Second, it allows for the possibility that the commission may disagree with the individual commis- sioner's determination. Err on the Side of Caution When faced with a potential conflict, readily agree that you are willing to step aside if the commission so desires. Any insistence on your part to stay involved will only create the impression that you have a rea- son "to stay involved." Leave the Room Once a determination has been made that there is a conflict or potential conflict the simplest course of action is for that commissioner to simply leave the room. Out of sight, out of mind. Continuing to sit silently with the commission or even moving to the audience is not good enough. Leave the room. e An Ounce of Prevention ... As with many things in life, it makes sense to plan for contin- gencies. Take the time to be- come familiar with whatever legal restrictions involving con- flicts of interest apply in your state. It may benefit your full commission to schedule an in- formal meeting or workshop with your city or county attor- ney to discuss hypothetical conflict of interest (and other ethical) concerns and how to deal with them.. From, "Conflicts of Interest - A First Look" and "Caution: Con- flicts of Interest," by Greg Dale (PC] #1 and 34) Disqualify Yourself Don't fail to disqualify yourself if either directly or indirectly you have any financial interest in the outcome of the hearing, and let your conscience be your guide where it could be said that moral, ethical, politi- cal, or other considerations, such as personal animosity, would not permit you to make a fair and impartial decision. ... To avoid all accusations of un- due influence, it is generally wise to leave the room and ask that the record show that you did so and that you did not in- dicate by word or action whether you were in favor of, or opposed to, the matter un- der discussion. ( From, "The Riggins Rules, #9" by Fred Riggins (PC] #13). ~ ~-