HomeMy WebLinkAbout01-18-2007 Planning and Zoning Commission
PLANNING AND ZONING COMMISSION
Thursday, January 18, 2007 - 7:30 PM
Formal Meeting
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. Rezoning Items:
1. REZ06-00027: Discussion of an application submitted by MVL Properties for a rezoning from Low
Density Single-Family (RS-5) to Commercial Office (CO-1) zone for approximately 12,200 square feet
of property located west of Diana Street, south of Kirkwood Avenue.
(45-day limitation period: January 27, 2007)
2. REZ06-00028: Discussion of an application submitted by Southgate Development for a rezoning from
Commercial Office (CO-1) zone to Community Commercial (CC-2) zone for .91 acres of property
located at 1902 and 1906 Broadway Street. (45-day limitation period: February 11, 2007)
D. Development Items:
1. SUB06-00016 Discussion of an application submitted by Arlington Development Inc for a final plat of
Stone Bridge Estates Part Five, a 37-lot, 12.92 acre residential subdivision located on north of Court
Street, east of Camden Road. (45-day limitation period: February 6,2007)
2. SUB04-00011: Discussion of an application submitted by John Oaks for a preliminary plat of Lyn-Den
Heights Part III, a 40-lot, 38.5 acre residential subdivision located on Rapid Creek Rd NE.
(45-day limitation period: Waived by applicant to January 18)
3. SUB06-00021: Discussion of an application submitted by First American Bank for a final plat of First
American Bank Addition, a 2-lot, 3.38 acre commercial subdivision located at 640 Highway 1 West.
(45-day limitation period: Waived by applicant to January 18)
E. Conditional Use Item:
Discussion of an application submitted to Johnson County by Mary Beth Hackbarth for a conditional use
permit to operate a photo studio business on approximately 40 acres of property located at 3104 Charles
Drive NE in Fringe Area A.
F. Other Items:
Discussion of Planning and Zoning Work Program.
G. Consideration of the December 21, 2006 Meeting Minutes
H. Adjournment
Informal
Formal
STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Sarah Walz, Associate Planner
Item: REZ06-00027
Date: January 18, 2007
GENERAL INFORMATION:
Applicant:
MVL Properties
Michael Lensing and Vicki Lensing
605 Kirkwood Avenue
Phone:
319-338-8171
Requested Action:
Rezoning from RS-5 to CO-1
Purpose:
To allow allow expansion of an existing commercial
property
Location:
1018 and 1016 Diana Street
Size:
Approximately 9,796 sq. feet
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:
December 12, 2006
45 Day Limitation Period:
January 29, 2007
BACKGROUND INFORMATION:
The applicant, MVL Properties (Michael Lensing and Vicki Lensing), owns the property at 1018
Diana Street and has a negotiated a land exchange with the property owner at 1016 Diana Street.
The applicant is proposing a lot line adjustment and rezoning of the rear (westernmost) 39 feet of
both Diana Street lots as well as a portion of the vacated alley right of way. The applicant
proposes that the described portions of these lots and the former alley, which are currently zoned
Low Density Single-Family Residential (RS-5), be added to the Lensing Funeral Home property at
605 Kirkwood Avenue and be rezoned to Commercial Office (CO-1).
ANAL YSIS:
The Comprehensive Plan indicates that the subject residential properties to the east, north, and
south of 605 Kirkwood Avenue should continue to be developed for residential purposes at a
2
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 property to the west at 617 Kirkwood from RS-5 to 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.
In 2006, the Planning and Zoning Commission denied a request to rezone the abutting property,
at 619 Kirkwood Avenue, from RS-5 to CO-1. In rendering their decision, the Board cited
concerns over traffic and neighborhood preservation along Kirkwood and Diana Streets and the
desire to maintain a clear boundary to prevent the eastward expansion of commercial
development along Kirkwood Avenue. In addition, Staff and neighboring property owners along
Diana Street, raised concerns over commercial traffic gaining access to the east-west alley
connection from Diana Street.
The proposal to rezone the portion of the vacated alley right-of-way contiguous with the 605
Kirkwood property as well as those portion of the residential lots would allow the applicant to
square up the commercially zoned property. That is, the boundary of the CO-2 property at 605
Kirkwood would take on a more regular shape. Meanwhile the property at 1018 Diana would retain
10,950 square feet, so that it would still exceed the minimum lot area of 8,000 square feet
required in the RS-5 zone. Through the land exchange negotiated by MVL properties, the property
at 1016 Diana, would change from a non-conforming lot (due to the minimum lot area
requirements) to conforming. Both Diana Street properties would retain their RS-5 zoning.
In Staff's view, the proposal makes sense in that it creates a more regular, recognizable boundary
between the commercial and adjacent residential zone. In addition, the Zoning Code has a
requirement that the commercial property provide landscape screening to buffer the adjacent
residential property from any traffic, noise, lighting or other negative externalities associated with
the commercial use. In this case S3 screening would be required between the commercial uses-
the parking area-and the residential property.
Because access to and from the commercial property via Diana Street remains a concern, Staff
would recommend that the rezoning of this property be consistent with the conditions of the 1993
rezoning in limiting access to the commercial property to Kirkwood Avenue.
STAFF RECOMMENDATION:
Staff recommends that the proposed zoning change for property located at 1018 and 1016 Diana
Street and a portion of the vacated alley abutting these lots from RS-5 to CO-1 be approved
subject to no commercial traffic having access to the east-west alley connection to Diana Street.
3
ATTACHMENTS:
1. Location Map
2. Aerial view
3. Parcel maps
3. Applicant's statement
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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NAME
TITLE
DATE
Jongl. . Frederic ,
0.... !Jcense Number: 10896
'y license ren....el d.te is December 31, 2007.
)ages covered by this seal: TInS SHEET ONLY
510 East State street
P.O. Box 560
TIFFIN, IOWA 52340-0560
Phone 319 545-7215
KIRKWOOD AVENUE (70' ROW)
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DATE:
January 5, 2007
Lensing Funeral & Cremation Service
Lensing's Oak Hill (Coralville)
605 Kirkwood Ave., Box 167
Iowa City, Iowa 52244
Application for Rezoning
MVL Properties (Michael and Vicki Lensing), the proprietors
of Lensing Funeral and Cremation Service at 605 Kirkwood A venue
are seeking to rezone auditor parcels2004035, as shown on the plat
of the survey dated January 5,2006.
The rezoning of these properties to C-l would allow for the expansion
of the eastern portion of the funeral home parking area.
MVL Properties presently owns the property at 521 Kirkwood (Governors
Ridge), 605 Kirkwood Avenue and 1018 Diana Street.
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Drew E. Westberg, Planning Intern
Item: REZ06-00028
Date: Jan 18, 2007
GENERAL INFORMATION:
Applicant:
Southgate Development
755 Mormon Trek Blvd
Iowa City, IA 52240
Contact Person:
Terri Morrow
755 Mormon Trek Blvd
Iowa City, IA 52240
Phone:
(319) 337-4195
Requested Action:
Rezoning from CO-1 to CC-2
Purpose:
To allow CC-2 uses
Location:
1902 & 1906 Broadway Street
Size:
0.91 acres
Existing Land Use and Zoning:
Commercial Office (CO-1)
Surrounding Land Use and Zoning:
North: Residential (RS-5)
South: High-density Residential (RM-44)
East: High-density Residential (RS-12 & RM-44)
West: Commercial (CC-2)
Comprehensive Plan:
Medium- to High-density Residential
File Date:
December 28, 2006
45 Day Limitation Period:
February 11, 2007
BACKGROUND INFORMATION:
The applicant, Southgate Development, is requesting a rezoning from Commercial Office (CO-1)
to Community Commercial (CC-2) for 0.91 acres located at 1902 and 1906 Broadway Street. The
subject property was originally platted in 1965 as Lots 1 and 5 of Block 2 of the Braverman Center
subdivision. The parcel is located at the intersection of Highway 6, a major arterial, and Broadway
Street, a collector street. Properties to the east and south consist of high density single-family
(RS-12) and high-density multi-family (RM-44).
Currently, Lot 1 is occupied by an apartment complex-Coronet Apartments (1906 Broadway)-
owned by the applicant, and Lot 5 is occupied by the Johnston Law Firm (1902 Broadway). The
applicant is in the process of consolidating these two properties for redevelopment. The rezoning
would create two lots with the western lot being rezoned to CC-2 and the eastern lot remaining
2
CO-1. The applicant has also indicated the current shared driveway access the Coronet and
HACAP buildings would not be removed so that the driveway would continue to serve the HACAP
building after the Coronet building is removed.
The applicant is requesting the rezoning as a potential buyer for the site wishes to locate a drive-in
restaurant on the property. Restaurants with occupancy loads at or below 100 persons are
allowed in the CO-1 zone by special exception. Restaurants with an occupancy load in excess of
100 persons or which utilize drive-through lanes are prohibited in the CO-1 zone.
In 2004, the Planning and Zoning Commission considered an application for 1901 Broadway-
directly across Broadway from the law office- to change that property from CO-1 to CC-2. At
that time, Staff and the Commission focused on the role of CO-1 zone in providing a
buffer/transition between the commercial center (Pepperwood Plaza) and residential properties to
the east. The Commission found that due to the existing CO-1 occupied by 1902 and 1906
Broadway, the CO-1 zone at 1901 was not needed to provide a buffer/transition and consequently
recommended approval to the City Council.
The applicant's proposed rezoning retains a CO-1 parcel east of the proposed CC-2 property that,
when developed (the area is currently a parking lot), would maintain this buffer. However, the CC-
2 property would abut the existing RM-44 (HACAP) residential property to the south, which is not
a desirable situation.
ANAL YSIS:
Zoning: The Commercial Office (CO-1) Zone is designed to provide specific locations where
office functions, compatible businesses, apartments, and certain public and semi-public uses may
be developed in accordance with the Comprehensive Plan. The zone is also intended to act as a
buffer between residential and more intensive commercial/industrial uses. The Community
Commercial (CC-2) Zone is designed to create business districts located along major arterials and
collector streets to service large segments of the community. CC-2 uses typically generate higher
traffic, generally have more intense signage and lighting, and have longer hours of operation than
CO-1 uses.
Staff is concerned with the current proposal in regards to its effects on nearby residential
properties, particularly the HACAP building to the south. The intended use is one of the most
intense of the CC-2 uses possible and as a result will affect surrounding properties. Though
some of these effects maybe addressed through zoning code regulations, such as screening
and set backs, staff feels that given the orientation of the HACAP residential units toward this
property, additional buffering is necessary between the proposed CC-2 property and the
HACAP building.
The zoning code requires commercial property to be setback from residential property at a
minimum of the setback requirement for the residential property which it abuts. In the case of
the RM-44 zone, only a five-foot setback would be required. This would not provide much in
the way of shielding for residents of the HACAP building. The code also requires a five-foot
setback from property lines for adjacent commercial properties, as would be the case along the
eastern boundary of the proposed CC-2 property. Staff is concerned with the actual buffering
that would be provided by the CO-1 property for residential properties to the east. Once
developed, the property would provide an adequate buffer; however, until such development
occurs, residential property to the east may not have sufficient shielding from the CC-2 use.
Staff believes that there may be some benefits to redeveloping this property, but that if it is to
be done with CC-2 uses, especially uses that are related to drive-in or drive through activity,
there would be a need for conditions upon the rezoning to provide some of the buffering
functions that are currently provided by the CO-1 zone. Recommended conditions are
discussed in more detail below under Neighborhood Compatibility.
3
Comprehensive Plan: The South District Plan designates the subject property for apartment
use. As noted previously, the CO-1 zone is an appropriate transition zone between residential
and more intense commercial uses. The proposed rezoning creates a CC-2 use that is bounded
by CO-1, which provides the necessary transition to the east. However, the CC-2 property would
abut multi-family residential to the south, creating an undesirable situation where residential
property is subject to the negative externalities posed by an adjacent intense commercial use.
The Comprehensive Plan states that as new commercial developments emerge, these
developments should take care to ensure that:
1. Old and new development can be served most efficiently with the least vehicle trip
distance;
2. The commercial development has the least negative impact on the neighborhood; and
3. Vehicular and pedestrian traffic is sufficient to support commercial entities.
Staff's main concern is the effect of this commercial development on the neighborhood and how
any negative impacts can be minimized. The Comprehensive Plan states, "Since commercial
development occurs close to where people live or along transportation corridors, special care
should be taken in the site design of these establishments. Landscaping to soften the impact of
the structures and lessen the effect[s]... should be a part of each development (p. 29)" The
Plan also notes the importance of unobtrusive signage near neighborhoods and entryways to
commercial corridors, landscaping within the public right-of-way, additional setbacks, and
organized access points in minimizing negative impacts to the neighborhood from commercial
development.
In Staff's opinion, the rezoning would still maintain the transition envisioned by the Comprehensive
Plan between commercial and residential properties to the east with the CO-1 zone serving as the
buffer. However, the rezoning would create an undesirable situation in which a CC-2 use abuts
residential property. As per the Comprehensive Plan, appropriate measures need to be taken to
minimize the negative effects of the intense use on the RM-44 HACAP building.
Neighborhood Compatibility: The subject property is bounded by RM-44 to the south; CO-1
and RS-12 to the east; CC-2 to the west; and RS-5 to the north across Highway 6. The CO-1
property to the east is currently occupied by the Coronet Apartments along the southern property
line, with parking for the apartments to the north of the structure. Abutting the Coronet parking to
the east are RM-44 apartment buildings. The RS-12 zone abuts the Coronet Apartment building
along its eastern property line. The RM-44 to the south of the subject property contains the
HACAP building, which shares parking with the Coronet Apartments. Pepperwood Plaza, zoned
CC-2, is directly across Broadway Street.
The general character of the neighborhood east of Broadway is mid- to high-density residential.
At present, Broadway Street provides a clear delineation between the CC-2 zone and the multi-
family structures to the east. However, the subject parcel is located at the intersection of a major
arterial and collector street and subsequently, is somewhat isolated from the neighborhood. In
Staff's opinion, with appropriate conditions such as requirements for a substantial buffer, the
heightened commercial use could be designed in a manner to be a positive benefit to the
redevelopment of the area.
The area east of Broadway Street is a neighborhood that has faced significant challenges in the
past, and some redevelopment may serve to benefit the residential and commercial properties
in the area. The Coronet Apartment building is declining in value and occupancy and provides
little in the way of aesthetic value. The building's planned demolition could provide a substantial
improvement to the area's aesthetic appeal if the proposed development is well designed and
includes landscaping and open space. Also, increased commercial activity at the subject
property could be synergistic with Pepperwood Plaza.
4
The design of the CC-2 use will partially determine the development's impact on the
surrounding neighborhood. Staff's recommendation is based partly on the effect this
development may have on existing and future development. For this effect to be positive, the
design and aesthetic appeal of a CC-2 use at this location-a gateway into the neighborhood-
must be appropriate for an area that transitions from commercial to residential but also is
highly visible from Highway 6. Any nuisance created by the use should buffered from the
existing residential developments in the area. Other issues of concern include signs, intercoms,
lighting, and building appearance.
To address the concerns raised by the proposed increase in commercial intensity Staff has
worked with the applicant to draft conditions that would ameliorate negative effects on adjacent
residential properties and also promote the development of an attractive commercial addition to
this entryway to Broadway and Pepperwood Plaza. Recommended conditions include:
1. Providing a buffer strip between the CC-2 property and RM-44 property of no less than fifty
feet wide to include a minimum 5 foot tall masonry wall located within the northern 10 feet of
the buffer, and evergreen and deciduous over story trees and shrub plantings to a minimum
S3 standard
2. Closure of the Hollywood Boulevard access point to the CO-1 property and use of a shared
access point. The shared access should utilize the existing access for 1902 Broadway and
extend to the CO-1 property but shall not infringe upon the fifty-foot buffer.
3. A landscaped 20' setback from the property line along Broadway Street.
4. Limit of one free-standing sign located in the northwest corner of the property. No building
signs on the south and east sides facing the residential development. Other fascia and
monument signs permitted per the code.
5. S3 screening of the remaining CO-1 parcel along its southern and eastern property
boundaries or alternatively along the east boundary of the CC-2 parcel.
6. The building and canopy should be a quality of design appropriate for a transition to
residential zoning. If the property is developed with a drive-in or drive-through a design that is
similar to the Woodland, California Sonic Burger, which uses stone piers and standing seam
metal roof and muted colors for the building and canopies is an example of what would be
appropriate in this location.
In absence of such conditions staff would not recommend CC-2 zoning in this location.
Traffic implications: CO-1 uses such as medical/general offices, multi-family dwellings, or
institutional uses may generate high traffic volumes but these would generally be associated with
travel to and from places of employment. CC-2 uses, on the other hand, such as commercial
recreational uses, eating and drinking establishments, and sales-oriented retail are more likely to
generate consistently high-volume traffic flows throughout the day and into the evening. If a CC-2
use, such as a restaurant, were to be located on the subject property, traffic to the site would likely
increase. The intersection of Broadway and Highway 6 is capable of handling additional traffic to
the property in question. The recommended conditions noted above would help to alleviate the
affects of the additional traffic on the areas residential development.
Access to the proposed CC-2 site would be directly from Broadway Street. According to a 1989
conditional zoning agreement for 1906 Broadway, any commercial development of the property
must be accessed from Broadway Street. Effectively, this closes the Hollywood Boulevard
access point which currently is the only means of accessing the property. As both properties
must be accessed by Broadway, a shared access would be most appropriate.
5
Summary: The subject property, if rezoned to CC-2, would be bounded by multi-family to the
south and CO-1 to the east. The CO-1 would maintain the transition between CC-2 and the
residential property to east emphasized in previous decisions and the Comprehensive Plan.
The intended restaurant use is one of the most intense CC-2 uses, and Staff has several
concerns regarding the location of this use nearby residential properties. Specifically, the existing
residential units to the south and, until the CO-1 property is developed, the residential properties
to the east would be exposed directly to the externalities posed by the intense commercial
development.
Staff has worked with the applicant to identify an conditions which protect the surrounding
residential properties while still allowing for the commercial redevelopment of this property. In
Staff's opinion, rezoning of the property subject to the proposed conditions benefits the City, the
applicant, and the surrounding neighborhood.
STAFF RECOMMENDATION:
Staff recommends that REl06-00028, an application to rezone approximately 0.91 acres located
at 1902 and 1906 Broadway Street from Commercial Office (CO-1) to Community Commercial
(CC-2) be approved subject to a conditional zoning agreement which addressed the following:
1. Providing a buffer strip between the CC-2 property and RM-44 property of no less than fifty
feet wide to include a minimum 5 foot tall masonry wall located within the northern 10 feet of
the buffer, and evergreen and deciduous over story trees and shrub plantings to a minimum
S3 standard
2. Closure of the Hollywood Boulevard access point to the CO-1 property and use of a shared
access point. The shared access should utilize the existing access for 1902 Broadway and
extend to the CO-1 property but shall not infringe upon the fifty-foot buffer.
3. A landscaped 20' setback from the property line along Broadway Street.
4. Limit of one free-standing sign located in the northwest corner of the property. No building
signs on the south or east sides facing the residential development. Other fascia and
monument signs permitted per the code.
5. S3 screening of the remaining CO-1 parcel along its southern and eastern property
boundaries or alternatively along the east boundary of the CC-2 parcel.
6. The building and canopy should be a quality of design appropriate for a transition to
residential zoning. If the property is developed with a drive-in or drive-through use, a design
that is similar to the Woodland, California Sonic Burger, which uses stone piers and standing
seam metal roof and muted colors for the building and canopies is an example of what would
be appropriate in this location.
ATTACHMENTS:
1 . Location Map
2. Rezoning Exhibit
~/
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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City of Iowa City
MEMORANDUM
Date: January 18, 2007
To: Planning and Zoning Commission
From: Robert Miklo
Re: SUB06-00016 Stone Bridge Estates - Part 5
At your December 7 meeting, the Commission recommended approval of the final plat of
Stone Bridge Estates - Part 5. The Fire Marshall had raised a concern that the final plat
would result in an approximately 150 foot long temporary gap in the north and south portions
of Eversull Lane. The gap would have been paved with a future phase of the subdivision.
To provide for better emergency access the Fire Marshall requested that Eversull Lane be
completed with Part 5. The applicant agreed to provide temporary turn arounds at each
stub of Eversull Lane instead of connecting the street. Although not ideal, this was
acceptable to the Fire Marshall.
Prior to proceeding to the City Council, the applicant decided to submit a revised plat that
includes the connection of the two parts of Eversull Lane. Lots 36 and 37 have been added
to the northwest side of the street.
Staff recommends approval of SUB06-00016, the final plat for Stone Bridge Estates Part 5,
a 37-lot, 12.92-acre residential subdivision located north of Court Street, east of Camden
Road and west of Huntington Drive, subject to staff approval of construction drawings and
legal papers prior to City Council consideration.
Attachment:
Revised Final Plat
Final Plat
STONE BRIDGE ESTATES, PART FIVE
Iowa City, Iowa
PREPARED BY: tAWS CONSULTANTS INC. - 1917 S. GILBERT STREET - I WA an, IOWA, 52240 - J19351-8282
PI....T PREPARIm BY .
IOIS CONSULTANTS INC.
1917 S GUbert. 8t
Ion CITY, IOWA, 62240
OWNER/SUBDIVIDER:
ARUNGTON Dn INC,
1486 S rIRST "VI SUlTI ...
IOn CITY, Ion 52240
SUBDIVIDER'S A'ITORNi:Y;
WCHAEL PUGH
1 SOUTH GILBERT STREET
10". CITY, 10'" 52240
LEGEND AND NOTES
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- CONGRESSIONAl. CORNEll., FOUND
-~Cl<lAl.COfINER,flEE$TAllUSHf:O
-CON<lRElJSIONALCOANER,R[CCfll)[DLOCATlOH
-PftOPfJtTYCORNER(S),FOtJND(......t-.:l)
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- PllOPPITY tljOlf eouNOA.RY LIHES
=-==-.~_-===: 5!i~~~~ON UNES
-LOTUNES,tl1ERNAl
- LOT L.JHa.I't.AT1tlI OIl IYoao
--- --- - - - EASDlENTUNES. WIDTH II: PURPOSE NOlED
---------------- - EXISTING EASEt.l€JrjT LINES, PURPOSE NOlUl
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ERROR OF ClOSURE IS LESS THAN 1 FOOT IN 20,000 FrET
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PLAT/PLAN APPROVED
by the
City of Iowa City
UllUTY EASEMENTS, AS SHOWN HEREON. IolAY OIl WAY NOT.
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UllUTY u.sEt.lENTS, AS !t1OlIItl HtREON, ARE ADEQUATE rOIl
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ttI &V 1'Hf rou..O'lllNG AOEHCIfS,
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Notory Public. In and for th, Stole of Iowa.
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City of Iowa City
MEMORANDUM
Date: January 18, 2007
To: Planning and Zoning Commission
From: Robert Miklo
Re: SUB04-00011 Lyn-Den Heights - Part III
At the applicant's request this item was deferred from the December 21 meeting. The
applicant has submitted a revised plat. The revised plat contains a number of deficiencies
and discrepancies noted at the end of this memorandum. The application continues to be in
non-compliance with the County Road Performance Standards.
STAFF RECOMMENDATION:
Staff recommends that SUB04-00011 be deferred pending resolution of the deficiencies and
discrepancies noted below.
Upon resolution of these deficiencies and discrepancies, staff recommends SUB04-00011 a
preliminary plat of Lyn-Den Heights-Part III, an approximate 38.50 acre, 40-lot residential
subdivision, be approved, only if the subdivision meets or is exempted from the Johnson
County Road Performance standards.
DEFICIENCIES AND DISCREPANCIES:
1. Stormwater
1.1. Resubmit stormwater calculations for the entire site and use entire acreage for basin
area. Current calculations are not adequate for entire site.
1.2. Show calculations for the release rates and for the outlet pipes (designed at 50%
storage).
2. Streets
2.1. Recommend that Rapid Creek Dr. NE name be changed as there is already a road in
the county named Rapid Creek Rd. NE, and this could be confusing for the
emergency services (police, fire, and ambulance).
2.2. Check discrepancy with 2% slope on West side of road labeled Peregrine Drive and
topography of land. Should 2% slope label be moved to the West side of the
culvert? Should culvert be located at the low point in the road?
3. Water
3.1. Service lines cannot be underneath cul-de-sac paving. Extend main to
accommodate lot 17.
3.2. The City Rural Design Standards, section 2.2 talk about fire protection. Please
submit a letter from the fire department covering this vicinity explaining the method
they would use to fight a fire in this neighborhood.
January 12, 2007
Page 2
4. Sanitary Sewer
4.1. The city is concerned that if the sanitary sewer line or the Orenco systems on each
of the properties within the 200' well separation limits begins to leak, the water
quality would be diminished.
4.2. What is the minimum radius for the sanitary sewer piping in this system? The city
recommends following the guidelines set by the system provider.
4.3. The city is concerned with the effluent from the final wastewater treatment site
draining directly into the creek. Please explain why this is feasible.
5. Site Grading and Erosion Control Plan:
5.1. NPDES General Permit NO.2 will be required for this site (disturbing >1 acre).
5.2. Ditch checks will be required along roadways during construction.
5.3. Service lines cannot be underneath cul-de-sac paving. Extend water main and
hydrant to accommodate lot 17.
5.4. Add arrow to note "EXISTING GRAVEL TO BE REMOVED".
5.5. A Construction Site Runoff Permit is required.
ATTACHMENT:
Revised Plat
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City of Iowa City
MEMORANDUM
Date: January 18, 2007
To: Planning & Zoning Commission
From: Drew E. Westberg, Planning Intern
RE: SUB06-00021 First American Bank Subdivision
Upon the applicant's request, this item was deferred to address deficiencies and discrepancies
in the final plat. These issues have been addressed and approved by staff.
STAFF RECOMMENDATION:
Staff recommends that SUB06-00021, a final plat of First American Bank Addition (a
resubdivision of lot 2 of Ruppert Hills), a 3.38-acre, 2-lot commercial subdivision, be approved,
subject to staff approval of legal papers and construction drawings prior to City Council
consideration.
Approved by: 4-~~',
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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City of Iowa City
MEMORANDUM
Date: January 18, 2007
To: Planning & Zoning Commission
From: Drew E. Westberg, Planning Intern
RE: CZ06-0003 Mary Beth Hackbarth, Photography Studio
The applicant, Mary Beth Hackbarth, is requesting a conditional use permit for 40 acres of land,
located at 3104 Charles Drive. The applicant wishes to establish and operate a home-based
photography business in a recently constructed basement studio. The business will be largely
conducted at locations other than the applicant's home with the studio providing office/production
space and a location to photograph with backdrops. The applicant's property is located
northeast of Iowa City in Fringe Area A beyond the city's growth boundary. It is not anticipated
that the city will grow to include this property within the foreseeable future.
The Johnson County Unified Development Ordinance permits cities to review conditional use
permits for applications within their extra-territorial jurisdiction. Conditional use permits require
a 4/5-majority vote of the County Board of Adjustment to approve a permit opposed by the City
Council.
Zoning Requirements: The Johnson County Unified Development Ordinance (JCUDO) allows
home businesses in the A, AR, and R zones subject to a conditional use permit. The permit
requires that any materials, supplies, or products be confined to the dwelling or the permitted
accessory building or buildings located on the premises and that the proposed use will not be
detrimental to surrounding properties.
The majority of business activities will take place either in the studio or at a location off the
subject property. Additionally, adjacent land is primarily farmland which should not be negatively
impacted by the small additional traffic that may be potentially generated by the home business.
If this property were within the city limits, this use-a home occupation-would be allowed as an
accessory use. In staff's opinion, the proposed use will not be detrimental to surrounding
properties.
STAFF RECOMMENDATION:
Staff recommends that Council forward a letter to the Johnson County Board of Adjustment
recommending that the application by Mary Beth Hackbarth, for a conditional use permit to allow
a home-based photography business, be approved.
ATTACHMENTS:
Location Map
.
Approved by: ~
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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