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Home My WebLink About12-15-2005 Planning and Zoning Commission PLANNING AND ZONING COMMISSION Thursday, December 15, 2005 - 7:30 PM Formal Meeting Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street AGENDA: A. Call to Order B. Public Discussion of Any Item Not on the Agenda C. Subdivision Item: 1. SUB05-00020: Discussion of an application submitted by Kevin Parrott for a preliminary plat of Lacy's Run Addition, a 2-lot, approximately 17.94 acre residential subdivision located on Conklin Lane. (45-day limitation period: January 13, 2006) 2. SUB05-00031 Discussion of an application from Paul and Mary Kennedy for a preliminary plat of Kennedy's Waterfront Addition Part Four, a 4.91 acre, 5-lot commercial subdivision located on Southgate Avenue. (45-day limitation period: January 13, 2005) D. Consideration of the December 1, 2005 Meeting Minutes E. Other Item F. Adjournment Informal Formal STAFF REPORT To: Planning & Zoning Commission Prepared by: Sunil Terdalkar Item: SUB05-00020 - Lacy's Run Addition Date: August 25, 2005 GENERAL INFORMATION: Applicant: Kevin Parrot 74 Golfview Court, North Liberty, IA 52317 Contact Person: MMS Consultants 1917 S Gilbert Street, Iowa City, IA 52240 Phone: (319) 351-8282 Requested Action: Subdivision Preliminary Plat Purpose: Development of a 2-lot residential subdivision Location: Conklin Lane - to the east of St. Joseph Cemetery Size: Approximately 17.94 acres Existing Land Use and Zoning: RS-8 Surrounding Land Use and Zoning: North: Residential - RS-8 South: Park - P (Hickory Hill Park) East: Park - P (Hickory Hill Park) West: Residential RM-12 (cemetery) Comprehensive Plan: North District Plan - Large Loti Rural Residential Neighborhood Open Space District: Hickory Hill File Date: November 29, 2005 45 Day Limitation Period: January 13, 2005 BACKGROUND INFORMATION: The applicant, Kevin Parrot, is requesting approval of the preliminary plat of Lacy's Run Addition, a two-lot residential development with a large out-lot, on approximately 17.94 acres of land. The property is located on Conklin Lane with St. Joseph Cemetery on its west, Hickory Hill Park on its east and south and residential development on the north. An old, dilapidated barn structure stands on the site and is proposed to be demolished. ANAL YSIS: Compliance with Comprehensive Plan: The North District Plan identifies this area as appropriate for Large Lot I Rural Residential 2 development due to the topography, difficulty of providing sanitary sewer lines, and inadequate street access. Currently most of the area is zoned as Medium Density Single-Family Zone (RS- 8) and remains undeveloped or is being used as private open space. The proposed subdivision creates only one additional residential lot on this approximately 18-acre tract. Both the resulting lots are one acre each in size and the large outlot is reserved for future development. This design is compatible with the large-lot residential development recommended for this area by the comprehensive plan. Future development activity on this property will be possible only when adequate street access and sanitary sewer infrastructure are provided. The proposed subdivision can only be accessed by Conklin Lane, which is a 16.5-feet wide chip-seal road. A concern has been raised by the neighboring property owners, St. Joseph Cemetery, regarding the additional development on this narrow street. Although Conklin Lane is the only access street for this subdivision, in staff's view, the increase in traffic due to the proposed development would not be significant as only one additional residential lot is proposed. However, Conklin Lane will require improvement upto the city street standards if this property is further developed. Due to the location of the cemetery on the west side of Conklin Lane, widening the street would be difficult. Staff recommends that the right-of-way (R-O-W) dedication for this portion of Conklin Lane be obtained at this time. Accordingly, a 50-foot wide R-O-W dedication and a 10-foot wide temporary construction easement are shown on the plat along the west boundary of the property. As a result, the existing house on this property will not have any front setback. This non-conformity is acceptable until further development is proposed. When such a development and/or Conklin Lane improvements are proposed the house needs to be moved from the current location. The plat shows a note that the temporary construction easement will be granted to the City when the house is moved from this location. Sensitive areas: Outlot A contains sensitive areas including highly erodible soils, steep slopes and woodlands. As Outlot A is reserved for future development these natural features will not be disturbed. The applicant has submitted a sensitive areas site plan showing steep and critical slopes and their associated buffers. The Sensitive Areas Ordinance requires the delineation of all wooded areas including woodlands and/or groves of trees; however, the plan does not delineate these features. Neighborhood Open Space: The Neighborhood Open Space Plan identifies the proposed subdivision as part of the Hickory Hill (Developing District H) Neighborhood Open Space District. Based on the Neighborhood Open Space Ordinance, a subdivision of this size is required to dedicate 0.70 acres of open space or pay fees in lieu of dedication. Given this subdivision's proximity to Hickory Hill Park, additional open space close to the park or fees in lieu of can be applied to improvements to the Park. The plat has been referred to the Parks and Recreation Commission for comments. Infrastructure Fees: Water main extension fee-$ 395 per acre (a total of $790 for two acres)-is required for lot 1 and 2. Such infrastructure fees will be required when Outlot A will be developed. Sanitary sewer service is currently not available in this area. The existing house on this property uses a septic tank system for sanitary sewer needs. The applicant is providing a septic tank system for the proposed lot. The properties need to be connected to the sanitary sewer infrastructure in the future when it is upgraded and available for this area. This should be noted in the legal papers for the final plat. STAFF RECOMMENDATION: Staff recommends that this application be deferred until the deficiencies and discrepancies pcdlstaff reportslsub05-00020 lacy'srunaddition 3 noted below are resolved. Upon resolution of these items staff recommends that SUB05-00020, a preliminary plat and sensitive areas site plan of Lacy's Run Addition, a 17.94-acre, 2-lot single- family residential subdivision, be approved. DEFICIENCIES AND DISCREPANCIES 1. Sensitive areas plan should delineate all the features of sensitive areas 2. R-O-W dedication is required to be 50-foot wide 3. 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Box 852, Iowa City, IA 52240 (319) 338-2330 Contact Person: Paul Anderson MMS Consultants 1917 S Gilbert Street, Iowa City, IA 52240 Phone: (319) 351-8282 Requested Action: Subdivision Preliminary Plat Purpose: Development of a 5-lot commercial subdivision Location: Southgate Avenue Size: Approximately 4.91 acres Existing Land Use and Zoning: Undeveloped and temporary storage - CI-1 Surrounding Land Use and Zoning: North: Commercial- CI-1 South: Undeveloped - CI-1 East: Commercial- CI-1 West: Commercial - CI-1 Comprehensive Plan: South District Plan - General Commercial Neighborhood Open Space District: N/A File Date: November 29,2005 45 Day Limitation Period: January 13, 2005 SPECIAL INFORMATION: Public Utilities: Sanitary sewer and water lines are available to serve this property Public Services: The City will provide Police and fire protection. Refuse and recycling collection services will be provided by a commercial hauler. Transit routes Lakeside and Broadway serve this area and the 2 nearest stop is located on the intersection of Southgate Avenue and S. Gilbert Street. BACKGROUND INFORMATION: The applicants, Paul M. and Mary F Kennedy, are requesting approval of a 5-lot, approximately 4.91-acre commercial subdivision. The property is located on Southgate Avenue and S. Gilbert Street. Plats for Kennedy's Waterfront Addition Parts 1 - 3 were approved between 1982 and 1990. Recently, a 'Grading and Development Agreement and Covenant' was recorded for this property to rectify a violation of the flood plain regulations. Per this agreement, a grading permit was issued with conditions that require further scrutiny and/or information prior to conducting development activity. ANAL YSIS: Zoning: The property is currently as zoned Intensive Commercial Zone (CI-1), which allows for the development of businesses characterized by outdoor display, storage and/or sales of merchandise, repair of motor vehicles, and other operations conducted in buildings that may not be completely enclosed such as contractor pre-assembly yards, hardware stores, etc. The CI-1 zone also allows office uses. Compliance with Comprehensive Plan: The South District Plan indicated that the property is located in an area generally identified as the Gilbert Street Commercial Corridor-an entryway into Iowa City. The plan recognizes that the existing CI-1 zone is incompatible with the potential increase in demand for retail commercial on the undeveloped land in this area. The plan encourages general commercial development within this area to create an attractive major entryway into the city. This would indicate that Community Commercial Zone (CC-2) is appropriate for this area. The proposed subdivision design is suitable for either the existing CI-1 or potential CC-2 zone. Subdivision Design: The subdivision consists of four lots with areas ranging from 0.52 acres to 0.69 acres along Southgate Avenue. A fifth lot, with an area of 2.49 acres, also has access from Southgate Avenue through a 50-foot wide 'pan-handle'. In staff's view, this design is consistent with surrounding existing development. This design also provides the flexibility to create general commercial type development as recommended by the comprehensive plan. In general, the subdivision design is in compliance with the zoning code and the subdivision regulations. Access Control: The subdivision is located on Southgate Avenue and Gilbert Street, which are both arterial streets. The city's access control policy aims to achieve enhanced safety and traffic circulation benefits by limiting access to arterial streets. Accordingly lot 1 will not have direct driveway access to Gilbert Street. Because of the adjacency to the intersection of Gilbert Street and Southgate Avenue, the number of access points on Southgate Avenue should be limited. To achieve this, shared access points are created, one each for lots 1 & 2 and lots 3 and 4. To accommodate the need to widen Southgate Avenue for turn lanes a 1 a-foot wide right-of-way along the south boundary of proposed lot 1 is required. The dedication is noted on the plat. Environmentally Sensitive Areas: The Sensitive Areas Inventory identifies that the property is in the Iowa River flood plain and contains potential wetlands. The plat includes a note that the Corps of Engineers has issued a notice stating that no jurisdictional wetlands were found on the property and therefore the wetlands on the property are not regulated. Adequate storm water management measures are pcdlstaff reportslsub05-00031 kennedy'swaterfrontaddition 3 required to develop this property. The applicant is required to submit a grading and erosion control plan for the proposed development plan. The applicant has submitted the storm water detention calculations to the City Engineer for approval. The applicant is also required to include the storm water management information along with all the existing easements. In a previous action, the applicant placed a substantial amount of fill on the property and re- graded it, with no permit. As the property is in the flood plain, the Grading Ordinance requires a permit to perform such grading or filling work. The City agreed to issue a permit for this unapproved fill with conditions and entered into an agreement and covenant. According to this agreement prior to conducting development activity on certain portions (mostly lots 3 and 4) of this property, a geotechnical report is required. This is necessary to ensure the safety of any construction activity and structures on this ground. The agreement and covenant is noted on the plat and should be duly addressed in the legal papers. Infrastructure fees: Water main extension fees - $395 per acre (a total of $1939.45 for 4.91 acres) STAFF RECOMMENDATION: Staff recommends that this application be deferred until the deficiencies and discrepancies noted below are resolved. Upon resolution of these items staff recommends that SUB05-00031 , a preliminary plat and sensitive areas site plan of Kennedy's Waterfront Addition, a 4.91-acre, 5- lot commercial subdivision located on Southgate Avenue, be approved. DEFICIENCIES AND DISCREPANCIES 1. Grading and Erosion Control Plan must be submitted 2. Storm water management easements must be shown 3. Other errors and discrepancies identified by the City Engineer ATTACHMENTS: 1. Location Map 2. Plan or plat Approved by: ~. Robert Miklo, Senior Planner, Department of Planning and Community Development pcdlstaff reportslsubOS-00031 kennedy'swaterfrontaddition ~.! 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L --- - 11 - ------ ---:-tj f --- \ ii, I - - - a;mf \ i.ii! ! 1 i ----------- ~~';&~11111 :Jl : t ------ /' . ii ~ X5 ~ ,'r ~ di i!lii ~ i ~h! ft~.11 h. S!ia Aft!, .~.. a ~ai~ 81Klrl ~: ; .~ .!,l!.~ ."! .~ i ~.r.~1 .Ai. a~I!~' i~~: ~. ~!"I - gg ! II Iii Ii ~L ~; ~Ih .. !~ . ilL..... ~ oj ,f , <<J') "-..;~ I ~. ,i .:t~ :1 ...~ I , I l,f I '~o)> ~ <<f@)> i I , ---~- iT i : '~ , , , I ' ,L "' <@)> MINUTES PLANNING AND ZONING COMMISSION DECEMBER 1, 2005 EMMA J. HARVAT HALL PRELIMINARY MEMBERS PRESENT: Terry Smith, Beth Koppes, Don Anciaux, Bob Brooks, Wally Plahutnik, Ann Freerks, Dean Shannon STAFF PRESENT: Bob Miklo OTHERS PRESENT: Glen Meisner RECOMMENDATIONS TO CITY COUNCIL: Recommended denial by a vote of 7-0 CZ05-00001, a rezoning from County A, Agricultural, to R, Residential, for approximately 4.96-acres of property located in Fringe Area B on the north side of Lower West Branch Road SE and east of Taft Avenue. CALL TO ORDER: Brooks called the meeting to order at 7:30 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING ITEM: CZ05-00001, discussion of an application submitted by Mark Sharpless for a rezoning from County A, Agricultural, to R, Residential, for approximately 4.96-acres of property located in Fringe Area B on the north side of Lower West Branch Road SE and east of Taft Avenue. Miklo said this parcel of land was located approximately Yz mile east of Iowa City in Fringe Area B, outside the City's designated growth area. In 1988 this property had been subdivided from the adjacent property to allow for the construction of a cell tower. The property had been divided one additional time since 1988. He said that although the applicant's intent is to enable the construction of one house on the property, the requested zone, R, allowed one residential unit per 40,000 square feet to be built or would allow for 4 or 5 residences to be built on this parcel. The intent of the Fringe Area Agreement was preserve this area for agricultural uses and to discourage development density greater than one unit per ten acres. The lot size was only five-acres so the rezoning request did not comply with the Fringe Area Agreement. Access to this property would be from Lower West Branch Road which was unpaved and had limited site distance because the area was hilly. Miklo said City staff recommended that this application be denied for the aforementioned reasons. It was his understanding that Johnson County Staff were also going to recommend denial of the rezoning request to the County Planning and Zoning Commission and the Board of Supervisors. Public discussion was opened. Glen Meisner, MMS Consultants. Meisner said Sharpless had owned the property since it had been platted in 1988. He thought the cell tower had been built and since removed. Meisner said he felt they were being penalized because they had a 5-acre tract instead of 10-acres. With the size of farm machinery today, it would be very difficult for a tractor to make more than one pass with one turn so agricultural would not be the best use of the land. They were asking to build only one house on the property. The Fringe Area Agreement gave the City and the County the ability to consider their application for a single-family residential dwelling. Meisner said the applicant would be willing to re-plat designating one small parcel on one acre for residential development and setting aside 4-acres in an outlot where no construction could occur without going back before the City and County. The property was currently outside the City's growth area; the topography of the land from west to east was flat to very steep slopes with a creek running down the center length of the property. The best use of the land would be residential and not farming. Planning and Zoning Commission Minutes December 1, 2005 Page 2 Freerks asked why they were requesting a rezoning to only an 'R' density and not something higher. Meisner said the parcel of land was only 5-acres, not 10-acres. Koppes asked who owned Lot 1. Meisner said he was not sure, but Mark Sharpless did not. It was a farmstead that had been split. Public discussion was closed. Motion: Freerks made a motion to deny CZ05-00001, an application to rezone approximately 4.96-acres of property from County A, Agricultural, to R, Residential, located in Fringe Area B on the north side of Lower West Branch Road SE. Koppes seconded the motion. Freerks said that in this location it was important to adhere to the Fringe Area Agreement which encouraged agricultural uses. Smith asked why outside the City limits did the Fringe Area Agreement require 10-acres of land per residential dwelling and inside City limits the density was more dense. Miklo said the Fringe Area Agreement stated that in Fringe Area B agricultural uses were preferred. Infra- structure was needed for areas with higher densities. The rezoning request did not comply with the Fringe Area Agreement. The 1 a-acre requirement was a tool to help prevent residential development from creeping outside the City limits. He said there were also concerns with residential uses moving into agricultural areas and then complaining about conflicts that arose from some farm operations. Smith said language in the Fringe Area Agreement indicated consideration could be given to exceptions. What types of exceptions would be allowed? Freerks said during her childhood she had grown up in a rural area. Residential sprawled into agricultural areas and created conflicts, then and now, you could see it happening piece by piece. There was no guarantee with this application that only one dwelling would be built, the rezoning to R would allow for the construction of 4 or 5 residences. She felt it was very important to try to protect the agricultural use of the of the land in Area B, as stipulated in the Fringe Area Agreement. Miklo said another concern in this area is the condition of the road and poor site distance. This is one of the reasons staff would not recommend an exception to the Fringe Area Agreement. Anciaux asked for a clarification that up to 5 residences could be built if this rezoning is approved. Miklo said that the area contains approximately 5 acres and that the County R zone allows 1 lot per 40,000 square feet, which is just less than 1 acre per lot. Miklo said be believes that property was already split into 2 lots, which would allow two houses without the property owner having to do a subdivision. Meisner said Staff's report was incorrect. The dividing line indicated on Staff's map no longer existed. Without a subdivision and coming back before the Commissions they could not construct more than one house. Miklo said Staff would re-look at that. Freerks said if at some point in time the language of the Fringe Area Agreement changed, then the applicant could come back before the Commission. If they recommended approval of this application, then why not everyone else's request for rezoning in this area. She didn't want to start setting any precedents. Plahutnik said he was conflicted with this item. He understood the applicant's request but the agreement with the County was for 10-acres and this was not 1 a-acres so he was not sure they should even be considering it. Meisner said it was his understanding that the rational of Fringe Area Agreement when written was, if for example you had an SO-acre tract of land you could cluster the development into a pocket and set the rest of the land aside. The applicant was asking to build only one residence and was willing to set aside 4- acres in an outlot where no development could occur. He felt they were being penalized because they didn't have 1 a-acres of land. Planning and Zoning Commission Minutes December 1, 2005 Page 3 Koppes asked when the Fringe Area Agreement had been entered into. Miklo said in 2000; it had been amended one time. It was due for review next year. Freerks said during his commentary, Meisner had said that it would be difficult for a tractor to maneuver on this parcel of land. However, allover the Midwest small plots of land were being purchased in a piece- meal destruction of agricultural land and developed for residential purposes. She was concerned about the piece-meal destruction of agricultural lands. Brooks said he too was concerned about the piece-meal purchasing of agricultural land for residential sprawl purposes. Miklo said City Staff had specifically asked Johnson County Staff if this land could be used for agricultural purposes. The County had said yes; it could be used by the adjoining agricultural property. Brooks asked Miklo what historically had happened for similar requests. Miklo said he was not aware of a similar request in Fringe Area B. Plahutnik said during the recent Code re-write, there had been a concern raised that a rezoning would be a taking or devaluation of a property owner's land. This could almost be seen as the reverse in devaluation: agricultural land valued at a few thousand an acre being greatly increased in value by rezoning it residential even though it is outside of the area designated by the Fringe Area Agreement for residential purposes. Koppes asked if there would be time for public input during the review of the Fringe Area Agreement. Miklo said that was correct. Koppes said she would prefer to stay with the intent of the Fringe Area Agreement. Shannon said 4 or 5 years ago when a similar situation had occurred, he had spoken with the then Chair of the County Planning and Zoning Commission who had told him that the County would not approve a building permit unless the property was on a paved road and would not approve spot development. He didn't know if the County still held the same standards. But if they did the City's action on this could be mute, because the County would be unlikely to approve it anyway. The motion to deny CZ05-00001 passed on a vote of 7-0. CONSIDERATION OF 10/20/05 and 11/17/05 MEETING MINUTES: Motion: Anciaux made a motion to approve the minutes of both meetings as typed and corrected. Koppes seconded the motion. The motion passed on a vote of 7-0. OTHER ITEMS: Miklo said Staff were in the process of finishing the revised Code draft which included the amendments requested by Council. He said the schedule is as follows: December 12 - close the public hearing and have first consideration; December 13 - second consideration; December 15 - final consideration. The ordinance would be published in the newspaper hopefully before the first of the year and become effective with the new year. ADJOURNMENT: Motion: Smith made a motion to adjourn the meeting. Freerks seconded the motion. The motion carried on a vote of7-0. The meeting adjourned at 7:55 pm. Planning and Zoning Commission Minutes December 1, 2005 Page 4 Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill s: Ipcd/mi nutes/p&zl2005/12 -01-05. doc = o .- r/) r/) .- s s o U'e 01)1. = 0 .- ~ = Q"l o~ N Q"l ~ ~ OI)~ ='e .- = = Q"l = .... ~.... -< ~ .0 .- U ~ ~ o ~ tn o o M C) z i= w w :E ..J <( :E 0::: o l.L. .... N x x x x x xx .... l'- .... X X X X X xx -- .... .... Q t!:l t!:lt!:l ~ x x x x ;: 0 00 '0 ~ X X X X X XX :!l x x x x t!:l xx '" 0 .... 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