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Home My WebLink About05-18-2006 Planning and Zoning Commission PLANNING AND ZONING COMMISSION Monday, May 15, 2006 -7:30 PM Informal Meeting Iowa City City Hall Lobby Conference Room 410 E. Washington Street Thursday, May 18, 2006 - 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: SUB06-00005: Discussion of an application submitted by ST Enterprises LC for a preliminary plat and sensitive areas site plan of Hollywood Manor Part 9, a 12-lot, 4.84 acre residential subdivision located west of Russell Drive and south of Burns Avenue. (45-day limitation period: Waived) D. Rezoning Items: 1. REZ06-00012: Discussion of an application submitted by Bruce Teague for a rezoning from Low Density Single-Family Residential (RS-5) zone to Commercial Office (CO-1) zone for 6750 square feet of property located at 619 Kirkwood Avenue. (45-day limitation period: June 12, 2006) 2. CZ06-00001: Discussion of an application submitted by James Batterson for a rezoning from R, Residential, to County A, Agricultural for approximately 4.34 acres of property located in Fringe Area A on the south side of Linder Road NE. E. Other Items: F. Consideration of the April 20, 2006 Meeting Minutes G. Adjournment Informal Formal To: Planning & Zoning Commission Item: SUB06-00005 GENERAL INFORMATION: Applicant: Contact Person: Phone: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Public Services: STAFF REPORT Prepared by: Karen Howard Date: May 18, 2006 ST Enterprises L.C. 2621 Catskill Court Iowa City, IA 52245 MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 (319) 351-8282 Preliminary Plat Development of 12 single family homes South of Burns Avenue, East of Wetherby Park, West of Russell Drive 4.84 acres Residential! RS-5 North: Residential! RS-5 South: Residential! RS-5 East: Residential! RS-5 West: Public parkland! P1 Low Density Residential Wetherby March 16, 2006 April 30, 2006 (waived by the applicant) Municipal water and sewer service is available to serve the property. The property is subject to a sanitary sewer tap-on fee, a water main extension fee and a storm water management fee. Police, fire protection, and sanitation services will be provided by the City. 2 BACKGROUND INFORMATION: The subject property is the former estate of Helen Jensen and contains a single family home on approximately 4.84 acres located directly east of Wetherby Park. This property will be the final part of the larger Hollywood Manor subdivision that extends east to Sycamore Street. The northern portion of the property represented on the proposed plat as lots 1-8 has been zoned Low Density Single Family (RS-5) since 1983. The southern portion of the property represented on the proposed plat as lots 9-12 was conditionally rezoned from Interim Development to RS-5 in 1994. The conditions that apply to this particular property are a requirement for a pedestrian walkway to provide access for the neighborhood to Wetherby Park and a requirement that fees be paid in lieu of park land dedication (the neighborhood open space ordinance was not adopted at the time of the rezoning). The existing house will be retained on the newly platted lot 9. Hollywood Manor, Part 6 was approved and developed beginning in 1998. The final plat for Part 7 was approved in 2000. The preliminary plat for Part 8 was originally approved in 1999, but expired in 2001 before a final plat was approved. This plat was resubmitted and approved in 2003 and is nearly fully developed. ANALYSIS: Compliance with Comprehensive Plan: The proposed subdivision is consistent with the Comprehensive Plan, which indicates that this area is intended for single family residential development. The proposed home lots are larger than the surrounding lots due to the cui de sac design and the triangular shape. The homes are likely to be similar in scale and type to the homes built in other parts of the Hollywood Manor subdivision. Access and street design: The proposed subdivision contains two streets, a cui de sac that terminates at the end of Wetherby Drive and a loop drive that terminates at the end of Totting Circle. The loop design was used in order to preserve two large white pine trees within the median. The City generally encourages streets to be extended or connected to other streets within the neighborhood. However, these street designs are suitable for this location because the lots back up to Wetherby Park. Extending these streets or connecting them would add little to neighborhood connectivity and would require more pavement than is necessary. Environmentallv Sensitive Areas: The property proposed for subdivision contains a number of mature trees, several groupings of which meet the definition of a grove, as set forth in the City's zoning ordinance. The majority of the trees on the property are of evergreen variety likely planted in a linear pattern around the farm house for shade, privacy and as a windbreak. A Levell Sensitive Areas review was required to determine whether the proposed plat met the sensitive areas standards for preserving groves of trees. A Level I Sensitive Areas review is an administrative review conducted by staff, appealable to the Board of Adjustment. According to the sensitive areas ordinance, groves of trees must be protected and retained to the extent practicable and the street rights-of way, public utility corridors and building sites should be located so as to minimize their impact on groves of trees. Staff worked with the developer and suggested several modifications to the subdivision design originally submitted in order to preserve more of the trees. These modifications included: · Adjusting lot lines so larger portions of the groves could be preserved at the rear of the home lots, while still providing sufficient buildable area for the types of homes desired by the developer; · Establishing conservation areas as indicated on lots 5, 6, 10 and 11 that will serve to protect these gro~es of trees over time. Within the groves located along the park ppdadminlstfreplsub06-00005-hollwood part 9.doc 3 boundary 8 large trees will be removed to ensure sufficient building area on each of the lots. · The grove that extends in an east-west direction on lots 3 and 4 is more difficult to protect given the design of the subdivision. Staff suggested that the applicant utilize a loop street design rather than a standard cui de sac so that two of the most significant trees in the grove could be preserved in the median. Careful construction practices will need to be observed so that these trees are not damaged during development. With these modifications, staff approved the Sensitive Areas Development Plan. Given the concern expressed by surrounding property owners and the amenity value that mature trees provide in neighborhoods, staff also urges the developer to preserve other mature trees not located within defined groves to the extent practical. Neiahborhood parkland or fees in lieu of: The proposed subdivision is approximately 4.84 acres in size. The open space required for this subdivision is 4,954 square feet. According to the conditional zoning agreement, the developer is required to dedicate land for and build a pedestrian walkway from this last part of the Hollywood Manor subdivision to Wetherby Park. When Hollywood Manor, Part 8 was platted in 2003, the subdivider illustrated in conceptual form how this requirement of the conditional zoning agreement would be met. Two pedestrian connections were shown on this concept plan, one extending from the end of each cui de sac bulb to the park. The Parks and Recreation Department recommends that only one pedestrian connection be built, located at the end of Wetherby Drive. A walkway at the end of Totting Circle is not recommended for two reasons. The proposed walkway would lead directly into the popular garden plot area of the park, where there is no trail for the walkway to connect with; and construction of a trail at the end of Totting Drive would mean loss of additional mature trees that could otherwise be preserved on the future home lots near the boundary of the park. Outlot A, as illustrated on the submitted plat, is the intended location for the pedestrian walkway. According to the conditional zoning agreement the developer is responsible for constructing an 8-foot wide sidewalk within this 20-foot right-of-way at the same time as the abutting street is constructed. Outlot A is approximately 2,587 square feet, leaving an obligation to pay an open space fee based on the remaining open space obligation (2,367 square feet). The amount of this fee will be determined at the time of final plat. Storm water manaaement - This property drains in three different directions. Stormwater calculations indicate that the portion of the property that drains to the north will not cause an increase in stormwater run-off from the pre-development flow, so stormwater management is not required. The middle section of the property (2.02 acres) drains to the South Sycamore Drainage Corridor. Stormwater fees of $2,775.68 per acre apply to this portion of the subdivision for a total of $5,606.87. Drainage of the southernmost portion of the property is somewhat problematic. 1.67 acres of land in the southern portion of Hollywood Manor, Part 9 currently drains to the southwest across a yet to be developed portion of the Brookwood Point subdivision. Brookwood Point was preliminary platted without providing a means to connect this part of Hollywood Manor into the storm sewer system. The developer is working with the neighboring property owner to obtain a stormwater easement and an agreement that would allow connection into the storm sewer system in Brookwood Point at such time as that subdivision is developed. Once those issues are resolved to the satisfaction of the City Engineer, staff recommends approval. Water Main and Sanitary Sewer Fees: Development of this subdivision will result in water main fees of $395 per acre for a total of $1 ,911.80. South Sycamore Sanitary Trunk Sewer tap-on fees are required at $1796.50 per acre for a total of $8,695.06. ppdadminlstfreplsub06-00005-hollwood part 9.doc 4 STAFF RECOMMENDATION: Staff recommends deferral of this item until the deficiencies and discrepancies listed below are resolved. Upon resolution of the deficiencies and discrepancies, staff recommends that SUB06-0000S, a preliminary plat of Hollywood Manor, Part 9, a 4.84-acre, 12-lot residential subdivision located at the ends of Wetherby Drive and Totting Circle, be approved. DEFICIENCIES AND DISCREPANCIES: 1. Revise location of stormwater outlet for southern portion of the property to coincide with proposed off-site stormwater easement on Brookwood Pointe subdivision. 2. A note on the plat indicating plans for off-site storm water management for southern portion of the property that drains south across the Brookwood Pointe subdivision. 3. Revised grading plan required to coincide with stormwater management plans for southern portion of the property. 4. A note on the plat indicating that an 8-foot wide sidewalk connection to Wetherby Park will be constructed by the developer within Outlot A at the time the abutting street is constructed. ATTACHMENTS: 1. Location Map 2. Plat Approved by: ~~. Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadminlstfreplsub06-OO005-hollwood part 9.doc ~- 5l 1~ J OtJ\i8~Ol lLJ JOV'NJAS o 0:: o z o If) <{ w --' Cl w > <{ <{ Z 0:: o LL :::; <{ U ~ t3 ~ S2 ~ ~ t3 I ",' ~l~~ N., \i 1,.'IISU,."''cl..)\. '.",'...,.].. Cl I!'" I ..' E----------- --r-\' \\, S2 "I', \ CJO ll3SSnCl Lt') en a: w > <{ ~ en ,.. -t:-X a: C- eo "-- . -C: CJ C -+-->Q ~ - 0:: o 0:: <{ 0:: m I I ,,1....,.1 ,//~_n ,. ~ / 'f- 2J -.-----l CL an C C- O 0:: o \ \ /(, /~' I " i ,"'_' ( I -. L// It. LO o o o o I CO o CO => (f) 0) ..... L- eo 0... L- a c eo ~ "'0 a a ~ >. a I .. Z o ~ ~ ~ U o ~ ~ ~ ~ rJ) _irE ~ Gl.U'SX.\II." ,.. PLAT PREPARED BY' MUS CONSULTANTS INC. 1917 SOUTH GILBERT ST. IOWA CITY, IOWA 52240 ~ ST Enterprllee. kC. 2621 Callkill Court IOWA CITY, IOWA 62245 SIlBDlVIDF.R'S ATTORNEY' Sarah Swartzendruber Bradly & Riley PC One S Gilbert St. IOWA CITY, IOWA 52240 llEWl;. ESTATE OF HELEN JENSEN C/O PETER HAYEK 120 1/2 E WASHINGTON ST IOWA CITY, IA 52240 a. _ __ NOOfllDl.,..,.n~ I'tAl\Jll[S n;JUNtI ON H5 .....m 3. tllUl .~ OIUM$ ~o OtsIflAolll TIIEE$ NOT .~ 0110'4:5 .oI!rf()lJ(PllOltC1tDWHEM1H[YDOOID1'CNCItO.l.CHQN :u~~~'-or-w.o.v. UTlUTY l.uEt,I(,.lS, 0lIl ",ClPO!Ul .. lJl[(liPlWl'OSEO lOK!lQllM:D UNDU lNlIPLAN Nt( llINI.m :: to ":;. ~Jc~ ~El1II.AlED TREU SHOlWl ON MS Pl.Nl 5. lIlEI$ AIIO QIIOO~sor mE! TO I[ PItl)llClW SIW.l.tlA\'I: SMl:TY F[ttC[ ..,TIlUDl NIlJUMO M/II 0URIH<l C<>>lSl'UJCnON orMIlJIOI~aa.I ..l'IIIlRTQNlYtll'lt:LQ....JtlACmlrr.AI'll(-CONSlJll\.lClUtWUTlIIIl IIJ.I[~ONSl1[.TKOS[.....l1(fjO.+.NCt..I.T......JN\IIl.SItAU I[ltIEQI~CON"UClOllAl<<)~alV'S!ll''<'t:I-OPIllIIT 1Itlll.U1lONSSI'CaollJST(*-S'J2~ 7. =:; =::~~M~:a'.n~.lL~TM~.-:UDI/fG 1lJ1NOIUllllTED1tl~COI'tSll'!I.IC'TlOIlIJlIUIUllll\l&.ANDIID6Q~AI. OflREE$ISPIlOHlllllED.~'llIES[CDN5Dly"'hON.ulEAS.DUO, g,.""~D~~TIl(ESUAYOO<<.YIEIIDoIO'4DUPON...."!IOyAl. "'" lIATtllSERW:!:' ....1llI..A/I<IT,.,.ONru - $JM / ACll( . U4 ,\ClIES . $1.111.10 S,I,NlTAIlYSEG' SOU"" SVCJr,l,lO!lt ~IAIlY llt~ ~II r..... ~ fiE - ",7".&0 I ~CIll: ~ ..IW M:fII:S _ ...."-01 M~_ 5W1tI Sl'I;AIlOllE IlEIlIONAI. _ENSI'~CE <II _,f,G( COIlIlIOOR fEE - U:~~::(~f<CIIU_.UOU7 1::~tIOItAU.OllEO.n..oVjYwt/IIQITI P~-..:t,lOO "'Dl_a'll.c..'.c WETHERBY DR. &: rornNG CIRCLE TYPICAL STRaT SECTION NOT TO SC,A.lE p~lIEl,Ion _1M ._ CII\.-Dl-SAC ...... . n.w PLAT/PLAN APPROVED by lhe City of Iowa City Cll Clerk Do" unuTY E,A.SOAE"IHS, ~S SMOv.t.l i-1ERE"ON. ~AY OR ",AY NOT, INClUDE SANITARY SEWER LINES, ~ND/OR STQRW SEWER LINES, ~NO/OR W~TEIl' UNES : sa CONSTRUCTiON PLANS FOR DfT4Il.5. I F:GAt DESCRIPTION Aqdltor'.P_.A',_CIty.tow.,...acc~.lI"I". rworWdPlQ\U.orwI,.........:w.Ill...... 24.f\h."""".... ~:-'.::.:.m-:-.;..O:::--IfIo:=."':'::.i.i~ -....... 10 _)00' sa:GII,1,DjNONll~Cl>>ITIlDLPUoNfGIIElOS1Hl*PIl0P0-.:D DII,lAl[CONTOUIISIJClPllDPOSOlOlOSlONOONllIDLt,lUSUlln ~i~ ~6 [i~ of ~ ~~ ~ ....0 !DO ~. \6100\674700?\6747007P <I...~ PRELIMINARY PLAT & SENSITIVE AREAS DEVELOPMENT PLAN HOLLYWOOD MANOR PART 9 IOWA CITY, IOWA \ I , ~~~~~y 1 l I ~~m52:; ~--..=bh-. J__ -'---::=--1 -- - :~-R , ! ~p~ \ ""'" \ '_IO.K"" l '. \-=_~~~ ~ I \ , ~. \ ' I \____ L - 1 n ' .- -r-~i --- r I , 1 ~ -__,==tn~~:-~_~-J;J ......,....... ::A~14"'f.W ., I I I i::J' ,:- \1 '~IIHU.IC! JIJm,~1"1In4l:/ I _I llt-::= ~-==- ~::: ~~\ ~ \ I I ~ ~~~ ~i~ ~~~ ~~~ m~ IUI p~ dl m 1,1 .I1!~j~ UIII:inUi~ ., --'"", '. "TOU-IIUIlENII "'iMIII~'lT-"YN '1->-11 , , \ STOlTI.l.t 2121 C~1SKU C1 IOW~ an, I~ 522.& --i "fClIIIeW"M<<'rCPlln~ ,.,.,1'\MtU1lII _A~\oI_ ~ ! -~-I i=~~~ , ~I 70 ~~_~ I 1....,~llR I i ~.."""' . - . ': I \ Ii 1f;;~':='-~-:::::::::\-\ I , . , rs " \ \ ~ \ \ \ @; \ \ " " , , \ \ " , , ,/)1- / --/ --, l\l~ \ \ J_ ~ ~~..=v =A~.:" ,~ . . :l, _IItCOll(l(DCllt<<N5IOOIS -WIllIE SllM!IITh'l.IlI8D1 ~PIlDl'- 'I:lo -U1'IUlYPOLE o -llliiTPIU ~ I: ~:;~~~AHl C . Q(1ol"*Ol[ ~-'7-: IIUT -('---(1---- -~TOlJlilLH:5/r WYERV~lJ . UISTlflll mu UOf!: -(XI51INlIIllClOYMIIltE - [lOI5:~NlI r-':N mEU _~D _ .K ON THls.....~ T~ ACTU~l-5IlE:_lOCAl1OIIQf.o.u SH"UllE~WlTf4COHS1Tlt.lClIOl'l AAt TO IK PlIEP"'~ED AND 5lIRlllltD -"P~IlOV""'- Of ""'5 PlAT STAFF REPORT To: Planning & Zoning Commission Prepared by: Sarah Walz, Associate Planner Item: REZ06-00012 Date: May 18, 2006 GENERAL INFORMATION: Applicant: Bruce Teague 619 Kirkwood Avenue Phone: 319-337 -8922 Requested Action: Rezoning from RS-5to CO-1 Purpose: To allow a commercial use of the property Location: 619 Kirkwood Avenue Size: 45 x 150 Existing Land Use and Zoning: Residential, 2-8 dwelling units per acre Surrounding Land Use and Zoning: North: South: East: West: Residential; RS-8 Residential; RS-5 Residential; RS-5 Commercial; CO-1 Comprehensive Plan: Residential, 2-8 dwelling units per acre File Date: April 27, 2006 45 Day Limitation Period: June 13, 2006 BACKGROUND INFORMATION: The applicant, Bruce Teague, is proposing that property located at 619 Kirkwood Avenue be rezoned from Low Density Single-Family Residential (RS-5) to Commercial Office (CO-1). The subject property currently contains a single-family residence and abuts property zoned CO-1 to the west. ANAL YSIS: The Comprehensive Plan indicates that the subject property and the area to the east, north, and south should continue to be developed for residential purposes at a density of 2-8 dwelling units per acre. The Comprehensive Plan's discussion of the Central Planning District identifies Kirkwood Avenue as an area of particular concern with regard to the capacity of the street to handle increased traffic as well as the need to preserve existing neighborhood integrity. In 1993, the City rezoned the abutting property to the west at 617 Kirkwood from RS-5 to 2 Commercial (CO-1), to allow an extension of an existing commercial use, the Lensing Funeral Home. At the time staff expressed concern that the expansion of the commercial zone would erode a clear demarcation between residential and commercial uses in the area and result in "further requests for commercial zoning along Kirkwood Avenue." A condition of the 1993 rezoning required the property owner to close street access to the rezoned property at 617 Kirkwood. Access to the rezoned property would be required via an access easement at 605 Kirkwood. The intent was to direct business traffic entering the site away from the residential properties and to make it less likely that a strip pattern of commercial uses would develop along this portion of Kirkwood. In addition the property owner was required to install a landscaped buffer to provide an area of transition between the commercial development and the adjacent residential properties. Since that time, residential neighbors as well as some existing commercial developments have expressed concern over traffic on Kirkwood Avenue. Vehicle access to the property now under consideration is via a single lane driveway that requires backing onto Kirkwood, raising safety concerns. If this property is to be converted to office uses, most of the area in front of the existing house would be required to be paved in order to accommodate drives and parking. While the property may also be accessed from the rear via an unpaved alley off of Diana Street, any parking would need to meet the design and screening standards in the Zoning Code. Parking in the rear would bring commercial traffic through a residential neighborhood and thus potentially affect the private character of the backyards adjacent to the alley. The lot at 619 Kirkwood is narrow, just 45 feet, and the present house sits close to the property line. If the house is maintained there is minimal opportunity to provide a buffer or transition between an expanded commercial zone and the abutting residential properties. If the house is removed and the site redeveloped, which is possible if a commercial rezoning is granted, the residential character of the neighborhood will be further eroded. While the applicant has indicated that his particular business and use for the building would l10t have clients coming to and from the site, a rezoning to CO-1 will allow more intensive commercial reuse of the property, which would be less compatible with the adjacent residential neighborhood. A rezoning is, by definition, not restricted to the current owner or the intentions of the applicant, but runs with the property without regard to change in circumstance or ownership. Meanwhile, there does not appear to be any change in circumstances with regard to the particular property now under consideration that warrant a rezoning. There does not seem to be a shortage of vacant office space in Iowa City. General office uses are permitted in all commercial zones. The only justification provided by the applicant for rezoning the property for commercial use is to reduce the overhead cost (rent) for his business. However, the particular constraints or the specific uses proposed by an individual do not, on their own, provide sufficient justification for a rezoning. Rezoning residential property simply to make a property more affordable for an individual commercial use undermines the purpose of zoning as spelled out in Chapter 1 of the Zoning Code. This includes, "encourage(ing) the most appropriate use of land and foster(ing) convenient, compatible and efficient relationships between land uses", "promote(ing) the economic stability of existing and future land uses that are consistent with the Comprehensive Plan and protect(ing) them from intrusions by incompatible land uses", "Iessen(ing) congestion in the streets and promote(ing) safe and effective access to property". STAFF RECOMMENDATION: Staff recommends that the proposed zoning change for property located at 619 Kirkwood Avenue 3 from RS-5 to CQ-1 be denied. ATTACHMENTS: 1. Location Map 2. Aerial view 3. Applicant's statement Approved by: 4~~k Robert Miklo, Senior Planner, Department of Planning and Community Development ppdadminlstfrapllemplala.doc ,- I fH\[IJ~n I ! ~m I I I C\J ,- n 0 0 1--- D 0 is ~n~O]~ I ...... r-... <.0 ~I ( 3 0 N ~ W -- h- I I I ~ I-- a: ~ I l- - is S'v'Jnl ~~ 'CrT i - \ I I -----c- is llOtJtJ\fJ I- "'" U w - > NiQ y:: <( ---- \...-. =:l 0 L- a. (J y:: -~ 0 0 w 0 y:: L------ L----- S f---- i~ ~J y:: ~~ 0::::: -- ~ y:: - \ I -=---rl ~- t3 1-.: -.:Jv \.J v \...J \D l- I I L (J) is 'v'N'v'IO ~ I- eX) -~,f. 11 =:l / z ~ --.J Tn -0 <( I s~ ~-.. - ~ ... 0 ~ . (J) > \ I I (J ,.... <( ~ is (J]lS83M "0 0 I 0 lJ ON\1 t3 S ~ lo- I \ L-1 A.. . ~ 0) N3(Jn8 . ~~ ,- VT\ ( 1 <.0 -; ~ . . .-- Z - I l. 0 ..... ..... ~ 1J 1; ~ .,.. < - :,... ~:::,-~"..-_....::;:::-:::!::--- .... ..... .>. ~ T U .., a. 0 0 ~ ( J ~ ~ ... ....c~.. ... 'c.cc.' ~ .:- ~ ]f\JVlN3OTV'V\l-" .. .. 1 I lIT rJ) ..-r...._' \ \11 I ~ ~ II , 1 I I I ~ (J) c -- 0.. 0.. crJ ~ ~ +-' -- U crJ $ o - '+- o ~ -I--' -- U 1: .2>- u:~ ~'E i-c. -< ~~ .20 "- ~~ 88 ~j ~~ ~o C-lilV~V\-g H-lilV\-~$S Move LLC- 420 Waterway Dr Iowa City, IA 52246 Phone 319-337-8922 Toll Free 866-537-8922 My name is Bruce Teague, currently my primary residence located at 619 Kirkwood Ave. is zoned for a single family resident. I'm seeking to have my property rezoned as commercial. My property line begins the residential zone and sits adjacent to Lensing Funeral Home, of which is zoned for commercial use. I'm requesting the commercial zoned boundaries be extended to include my property. Caring Hands & More LLC ("CHAM") has been operating out of my former residence since October 2004 with the staff of one person. "CHAM" is a home care agency providing medical and non-medical care services for individuals of all ages, ethnic and cultural backgrounds. Our largest client base services elderly and end of life (Hospice) clients within Johnson County and its surrounding areas. In 2001, the state ofIowa raked #1 in the nation for person's age 85 and older and ranked #3 for persons 65 and older. The elderly community within Johnson County and its surrounding areas is vastly rising and the desire by the elderly to remain in their home environment is prevalent. In order to adequately meet the community needs it's imperative that "CHAM's" Administrative Team grows to accommodate the increasing needs of Elderly within Johnson County and its surrounding areas. Cost associated specifically with "non-direct" revenue administrative staff is expensive. If my primary residence at 619 Kirkwood Ave was rezoned to include commercial use this would significantly reduce overhead cost providing a facility for professional services to be adequately administrated. Also, it would contribute to our services remaining more affordable our clients, of which are 90% Elderly. The basis of our business does not necessitate clients to come to our office since their home is where care assistance is provided. The projected office administrative team is projected to increase to the following: 1- Full-Time (immediately) 1- Part-Time (starting in July increasing to full-time as need appropriates) 1- Part-Time (starting in 2007) I look forward to your approval of the rezoning of the aforementioned "p.ropertX',';,) o s~ _<;; - - '-.,..I t~.;:: 2B'?;~ ~ Bruce Ali Teague III ~ :E ~127,20M ~ .r.- 11 : II ,"-, \J w +" 1 ~ 1 -~= -~... ;t~ai~~ ~ ~_., ....:. CITY OF IOWA CITY MEMORANDUM Date: May 18, 2006 To:. Planning and Zoning Commission From: Robert Miklo Re: CZ06-00001 County Rezoning Linder Road and Prairie du Chien Road Johnson County has received an application from James Batterson requesting rezoning of 4.34 acres from R-Residential to A-Agricultural for property located south and west of the intersection of Linder Road and Prairie du Chien Road. This property is within Iowa City's two-mile fringe area and is included within the growth area of the city. Therefore, the fringe area agreement specifies that the City will have the opportunity to comment on this rezoning prior to its review by the Board of Supervisors. The property is located adjacent to the Agudas Achim Cemetery, and it is the intent of the property owner to sell this parcel to Agudas Achim to allow expansion of the existing cemetery. The Johnson County Zoning Ordinance allows cemeteries by special exception in the A zone. The surrounding properties are developed with large lot residential uses. Interstate 80 is located to the south of this property. In staffs view, the rezoning of the property to Agricultural and a conditional use permit for a cemetery would be compatible with the surrounding uses. The current cemetery has only two off-street parking spaces. Staff recommends that when the County reviews the conditional use permit, that additional off-street parking spaces be required for the cemetery. Recommendations: Staff recommends that CZ06-00001, an application submitted by James Batterson for a rezoning from R to A for 4.34 acres located south of Linder Road and west of Prairie du Chien Road in Fringe Area A be approved. Attachment: Location Map Approved by: Karin ranklin, Director, Department of Planning and Community Development ~tMdL ppdadm/mem/batterson.doc ro L.. :J ~ (j) :J f-- .() t: :2 L.. ---.J ~ W I t3 f-- <( <t: 0 0 cr:: +-' '" 0 '" D- ro w ~ 0 cr:: z :+::i ::J 0 U C ~ Q) >- "~ :0 f-- U en ~ \\ Q) <t: \ \ a: s I ~IJ !.3llV^ ~30NIl 0 I J a: t: LL E 0 eN 0 >- L.. ~\ - t3 f-- ~ U Q) 0- 0 L.. \ 0- j Q) c I 0 N I Q) a: I . . Z I 0 ~ ~ < U 0 ~ ~ ~ ~ V) '^'O( ~ ,.- o o o o I CD o N () MINUTES PLANNING AND ZONING COMMISSION EMMA J. HARVAT HALL CONFERENCE ROOM APRIL 20, 2006 PRELIMINARY MEMBERS PRESENT: Terry Smith, Wally Plahutnik, Bob Brooks, Ann Freerks, Beth Koppes MEMBERS ABSENT: Don Anciaux, Dean Shannon STAFF PRESENT: Bob Miklo, Mitch Behr OTHERS PRESENT: Don Hilsman, Richard Reiland, Stephen Merkel-Hess, Carrie A. Jones RECOMMENDATIONS TO CITY COUNCIL: Recommended approval, by a vote of 5-0 (Anciaux and Shannon absent), REZ05-00005, a rezoning of 11.36-acres generally located 300 feet east of S. Riverside Drive from 11 General Industrial to 12 Heavy Industrial subject to a conditional zoning agreement specifying: . compliance with an approved site plan . improvements must be installed prior to the issuance of a building permit Recommended approval, by a vote of 5-0. (Anciaux and Shannon absent) REZ06-00008, a rezoning of publicly owned properties including Fire Station #4, Benton Hill Park, Hunter's Run Park, Whispering Meadows Wetland Park, Longfellow Manor Outlot 1, East Hill Subdivision Outlot A, Court Hill Trail, Sycamore Greenway, Glendale Park, Walden Wood Part 9 Outlot A, Windsor Ridge Park, Harlocke Hill Park, portion of Grant Wood Elementary School property, a portion of Irving Weber Elementary School property to P1, Neighborhood Public and the site of the new Iowa National Guard Armory to P2 Institutional Public Zone. Recommended approval, by a vote of 4-0,(Anciaux & Shannon absent; Brooks recused) REZ06-00008, a rezoning of land owned or controlled by the University of Iowa to P2 Institutional Public. Old Capital Mall rezoned to P2/CB-10 zone to reflect the privately and publicly owned mixed tenancy. CALL TO ORDER: Brooks called the meeting to order at 7:33 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING ITEMS: REZ05-00005, discussion of an application submitted by Ace Auto Recyclers for a rezoning of approximately 11.36-acres from General Industrial (1-1) zone to Heavy Industrial Zone (1-2) zone for property located east of 2752 S. Riverside Drive. Miklo said the proposed rezoning would allow the legitimization of the currently existing salvage yard that is already on the property. Per the City's Zoning Ordinance, salvage yards are allowed in 1-2 zones by special exception, with the conditions that it has to be surrounded by a solid fence, there has to be a fire lane around the perimeter of the salvage materials and the salvage materials may not be stacked higher than the fence. The area began as a salvage yard in the mid 1970's based on a Conditional Zoning Agreement (CZA). Over the years there have been ongoing issues. regarding adherence to the CZA. In May 2005 the applicant had approached the City regarding establishing a new office building and warehouse between the exiting salvage yard and the highway. There were discussions that if the existing salvage yard was brought into compliance the City would consider the possibility of adding warehouse/office space in the general industrial zone which would need to comply with 1-1 zoning requirements. The proposed rezoning contained an additional area for growth of the salvage yard which currently is approximately 10-acres. Planning and Zoning Commission Minutes April 20, 2006 Page 2 Miklo said since last year, the applicant had done a considerable amount of clean up on the property and had submitted site plan which showed general compliance with zoning requirements. Some open details still needed to be resolved on the site plan including driveway design which would require additional field work to verify property lines, how the driveway would be paved and an acceptable intersection with the Bekin's Storage property to the south. The site plan indicated the required fencing around the salvage area, additional landscaping which Staff recommended as a condition of approval. Because the site plan was still not fully in compliance, Staff recommended that if the rezoning were to be approved it be subject to Staff signing off on the site plan prior to consideration by City Council. Staff also recommended that the landscaping, fencing, etc be installed prior to issuance of the building permit for the new warehouse/office space with the exception that the landscaping right adjacent to the new building be reserved until completion of the new building and then installed so it would not be damaged during construction. Miklo said this item would also have to be reviewed by the Board of Adjustment; there would also be an opportunity for neighboring property owners to comment as well. Freerks asked if Staff had had the opportunity to review the question raised at the informal meeting regarding required DNR permits. Miklo apologized that Staff had not had the opportunity to do so, but the applicant might be able to address Freerks' concern. Public discussion was opened. Don Hilsman, Ace Auto Recyclers, said they'd had a storm water permit through the State for years. For the past several years they had been testing run-off water for the Iowa Waste Water Reduction program. Public discussion was closed. Motion: Smith made a motion to approve REZ05-00005, a rezoning of 11.36-acres located east of S. Riverside Drive from 11 General Industrial to 12 Heavy Industrial subject to a CZA requiring: . compliance with an approved site plan . improvements must be installed prior to the issuance of a building permit, with the exception that the improvements that will be located adjacent to the proposed building. Koppes seconded the motion. Brooks said he felt Ace Auto Recyclers had come a long way in the past few months and had made a lot of progress. What was being proposed would be a definite improvement for that area. The motion passed on a vote of 5-0 (Anciaux and Shannon absent.) REZ06-00008, discussion of an application submitted by the City of Iowa City to rezone publicly owned properties including Fire Station #4, Benton Hill Park, Hunter's Run Park, Whispering Meadows Wetland Park, Longfellow Manor Outlot 1, East Hill Subdivision Outlot A, the Court Hill Trail, Sycamore Greenway, Glendale Park, Walden Wood Part 9 Outlot A, Windsor Ridge Park, Harlocke Hill Park, a portion of Grant Wood Elementary School property, a portion of Irving Weber Elementary School property to P1, Neighborhood Public and the site of the new Iowa National Guard Armory to P2 Institutional Public Zone and a rezoning of land owned or controlled by the University of Iowa to P2 Institutional Public and Old Capital Mall rezoned to P2/CB-10 zone to reflect the privately and publicly owned mixed tenancy. Brooks said because he was employed by the University of Iowa and had been involved in the acquisition and development of some of the University properties, Staff would give their presentation, then public discussion and Commission vote would be broken into two parts. He would recuse himself from the discussion/vote portion of the meeting regarding the University's properties. Miklo said the Zoning Ordinance required that publicly owned land, land owned by the City, School District, Federal Government or State be zoned 'P' Public. There were two categories of public zoning: P1, Neighborhood Public, applied to the school district, the City, the County. There were certain regulations, such as parking, set-backs and lighting standards, which would apply to those properties. A Planning and Zoning Commission Minutes April 20, 2006 Page 3 P1 zoning allowed the government entity which owned that property to use it for anything that was related to that entity. Examples included the school district using a property for a bus barn, the City using property for park land or public works facility. P2, Institutional Public, was a more intense use and was reserved for the State and Federal government. By Iowa law, the City had very limited ability to regulate those entities. The Zoning Ordinance included some set-back and site development standards which the City hoped those entities would adhere to, but there was some question regarding if the City could enforce them if challenged. The zone would allow the entities to use them for a government purpose; the properties could also be leased for some other use which would require an overlay zone. The Old Capital Mall had both private retail uses and University functions. It would be rezoned from CB-10 to P2/CB-10. Miklo said the City did not have a lot of choice in the matter; they were required to rezone publicly owned properties to one of the two public zoning designations. However the rezoning would not change the use of the properties. The rezoning would serve to notify neighboring property owners and future property owners that there was publicly owned land in that area which would be subject to different zoning requirements. Maps indicating the properties to be rezoned were shown, Miklo gave a brief description of each property. Freerks asked if there would be any difference in the way the properties zoned for park land were being maintained. Miklo said this should have no effect, it was up to Parks & Recreation Department as to how the properties were maintained. Public discussion for all non-University properties was opened. Richard Reiland, 2230 Palmer Circle, said he resided approximately 75-100 yards from the Grant Wood School property. Recently the school had had a school expansion which had been very noisy. Currently the property had a prairie reserve and a safety village on it which made for a very quiet area. He liked the peace and quite. Reiland said with the rezoning he feared that he would lose his peace and quiet. He wanted to put on record his opposition to any more construction in that area or noiSe, he wanted to enjoy his premises and the quiet he currently had. Steve Merkel-Hess 2609 Friendship Street, said he was speaking on behalf of the property owners whose backyards abutted the Court Hill Trail property. They wanted to know the long term plan for what was going to happen to the public property. A bridge had been built at Meadow Street with a wide enough space for the trail to follow along the creek. Was a playground going to be built, what type of equipment installed? Brooks said decisions relating to how the land would be developed and managed was not under the Commission's preview, it would be up to the Parks & Recreation Commission. The property owner's concerns / interests should be expressed to Parks & Recreation. The Planning and Zoning Commission was taking care of a housekeeping item by correctly rezoning City purchased or acquired land. Miklo said the long term plan was to build a trail along the creek but the specifics had not been worked out yet. He encouraged Merkel-Hess to contact Terry Trueblood, Parks & Recreation Director; Parks & Recreation tried to work very closely with adjacent neighborhoods when planning specific improvements. Merkel-Hess said there was access from the east side but not from the west side, it was HyVee property. Miklo said he was aware that the City had had some discussion with HyVee regarding incorporating the trail into their property. Brooks said he thought Parks & Recreation was in the process of a Master Plan revision, input from Merkel Hess and other adjacent property owners would be appropriate at this time. Merkel-Hess said it had been City property for quite some time but the adjacent property owners mowed, gardened and cared for the City's property. Did public property ever revert to private ownership by the persons who maintained it, could part of it be purchased? There was enough public space that even if private citizens purchased an additional 50-feet there would still be room enough for a trail. Planning and Zoning Commission Minutes April 20, 2006 Page 4 Behr said it didn't happen informally. Persons could initiate a request to purchase public property adjacent to their private property. He thought the City would need to have the trail plan designed and installed in order to know if there would be excess land. Parks and Recreation would be the staff department to initially contact, they would give their recommendation to the City Council regarding the sale of the land. It would be sold at fair market value. Public discussion was closed. Motion: Smith made a motion to approve REZ06-00008, rezoning of publicly owned properties including Fire Station #4, Benton Hill Park, Hunter's Run Park, Whispering Meadows Wetland Park, Longfellow Manor Outlot 1, East Hill Subdivision Outlot A, the Court Hill Trail, Sycamore Greenway, Glendale Park, Walden Wood Part 9 Outlot A, Windsor Ridge Park, Harlocke Hill Park, a portion of Grant Wood Elementary School property, a portion of Irving Weber Elementary School property to P1, Neighborhood Public and the site of the new Iowa National Guard Armory to P2 Institutional Public Zone. Plahutnik seconded the motion. The motion passed on vote of 5-0 (Anciaux and Shannon absent). Freerks said if persons had concerns, she encouraged them to contact the appropriate City department. Brooks recused himself and left the room. Public discussion on University of Iowa owned or controlled properties was opened. Carrie A. Jones, 6 Oak Park Court, said the property next to Myrtle Avenue had been sold to the UI several years ago. Initially it had been a rental property through a local leasing company. A burglary had occurred in the neighborhood and it was found that the perpetrator was an occupant of this property. The neighbors had contacted the VI and the UI had removed all the renters. The UI had agreed to rent only to faculty or guest faculty. All dwellings on the street were zoned single-family, however changing this property to P2 zoning would limit the City's jurisdiction over how the property would be used. Jones said her concern as a single homeowner was what level of jurisdiction would the City have? Miklo and Behr said regardless of the zoning, if a property were owned by the UI or the State of Iowa the City would have very little jurisdiction. State law limited the ability of cities to regulate University property. The rezoning would not decrease the City's authority to enforce zoning on a property, the rezoning would put the neighbors, the UI and the State on notice of what regulations the City proposed to enforce as stipulated in the City's Zoning Code. A copy of the City's Zoning Code was available on line. Jones said it was a private street with no parking signs along the street, would that also be enforced? Behr said he was not familiar with the parking standards for private streets. Jones said the property was set fairly far back and was near a steep ravine. If the UI wanted to build a high rise complex they would not have to present their site plan to the Commission. Behr said it would be on a case-by-case basis, until a specific plan had been submitted the City would not know the extent of its abilityto regulate. Jones asked if the UI was required to notify the immediate property owners if they intended to make a building structure or property change. Behr said not necessarily. Smith said the issue before the Commission and the rezoning would not change the status of the UI's notification responsibilities as they existed today. They would remain the same with a P2 public zoning. Her concerns were probably legitimate but were not germane to the rezoning issue. Behr said the City Attorney's office had issued a written opinion on the City's ability to enforce zoning regulations on the University. He would send Jones' a copy. Freerks suggested Jones contact UI Facilities Services Group to review the most recently updated master plan. Jones asked hypothetically if the Ullet the property become unkempt and overgrown, then she would not have the ability to speak before the Commission again, she would solely have to interact with the UI. Behr Planning and Zoning Commission Minutes April 20, 2006 Page 5 said Housing & Inspection dealt with the University, perhaps on a non-formal level but they would. Miklo said another option would be to contact the Board of Regents or her elected State officials. Public discussion was closed. Motion: Plahutnik made a motion to approve the rezoning of properties owned or controlled by the University of Iowa as listed on Staffs Report dated 4/20/06 to P2 Institutional Public and Old Capital Mall to P2/CB-10 zone to reflect the privately/publicly owned mixed tenancy. Koppes seconded the motion. The motion passed on a vote of 4-0-1 (Anciaux & Shannon absent; Brooks recused). DEVELOPMENT ITEM: SUB06-00003, discussion of an application submitted by Dav-Ed Limited for a preliminary plat of Galway Hills Parts 10 & 11, a 56-lot, 21.75-acre residential subdivision located at Dublin and Shannon Drives. Motion: Koppes made a motion to defer SUB06-00003 to May 4, 2006~ deferral requested by the applicant. Freerks seconded. The motion passed on a vote of 5-0 (Anciaux & Shannon absent). CONSIDERATION OF 4/6/06 MEETING MINUTES: Motion: Smith made a motion to approve the minutes as typed and corrected. Freerks seconded. The motion passed on a vote of 5-0 (Anciaux & Shannon absent). OTHER ITEMS: The Commission recognized Don Anciaux for his years of service on the Planning and Zoning Commission as well as his leadership during his tenure as Chairperson of the Commission. Special mention was also made of Don's long-term involvement in the area of community service and the many projects / committees that he has been on or is currently involved with. ADJOURNMENT: Motion: Freerks made a motion to adjourn the meeting at 8:16 pm. Koppes seconded. The motion carried on a vote of 5-0. Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill s:/pcdlminuteslp&zl200614.2Q-06. doc e o 'in III 'E E o 0'2 mo e CJ ,- Q) Co:: o NQ)~ ....CJo -eN mill e"C ,- e e Q) e= .!!lee D.. ~ (3 III ~ .2 0 I UJ N 0 >< >< >< <5 >< ~ I I CD I UJ >< >< >< >< >< ~ I <5 N I - >< >< >< >< >< >< CO? 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