HomeMy WebLinkAbout01-18-2007 Planning and Zoning Commission Revised
PLANNING AND ZONING COMMISSION
REVISED
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. Zoning Code Amendment:
Discussion of an amendment to Title 14, Chapter 5, Article J, Flood Plain Management Standards, to
adopt the re-formatted flood insurance rate map
G. Other Items:
Discussion of Planning and Zoning Work Program.
H. Consideration of the December 21,2006 Meeting Minutes
I. Adjournment
Informal
Formal
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CITY OF IOWA CITY
MEMO
TO: Planning and Zoning Cqmmission
FROM: Julie Tallman --1:
DATE: 17 January 2007 I
RE: Digitized Flood Insurance Rate Maps
In September 2005, the Federal Emergency Management Agency (FEMA)
issued an amended Flood Insurance Study (FIS) report and Flood Insurance
Rate Map (FIRM) for Johnson County. The amended FIS and FIRM will be
distributed in digital files for use in a computer mapping system. Paper copies of
the FIRM ("panels") will still be available. The new digital format resulted in new
panel numbers and an updated effective date for those panels. There is no
change to the underlying boundaries of Special Flood Hazard Areas (SFHAs).
The City of Iowa City is required to formally adopt the new FIRMs by their
effective date of 16 February 2007. The proposed ordinance amendment will
read as follows:
14-5J-2A. Application Of Provisions: The regulations within this article apply to all
lands and uses that have significant flood hazards. The "Johnson County, Iowa,
And Incorporated Areas Flood Insurance Rate Map",. dated February 16. 2007,
shall be used to identify such flood hazard areas. All areas shown thereon
located within the boundaries of the 1 OO-year flood event are considered to have
significant flood hazards. Where uncertainty exists with respect to the precise
location of the 1 OO-year flood boundary, the location will be determined on the
basis of the 1 OO-year flood elevation at the particular site in question. It shall be
the responsibility of the property owner to obtain the accurate ground elevation
information for comparison with the 1 OO-year flood elevation. The "Johnson
County, Iowa And Incorporated Areas Flood Insurance Study", as amended, is
hereby adopted by reference and is made a part of this article for the purpose of
administering floodplain management regulations. Where 1 OO-year flood data
has not been provided in the flood insurance study, the Iowa Department of
Natural Resources or its successor shall be contacted to compute such data, or
the city engineer shall compute such data.
Deleted: dated August 20, 2002,
and future revisions thereto
Preliminary
MINUTES
PLANNING AND ZONING COMMISSION
DECEMBER 21,2006 - 7:30 P.M.
EMMA J. HARVAT HALL - CITY HALL
CALL TO ORDER:
Brooks called the meeting to order at 7:30 p.m.
MEMBERS PRESENT:
Dean Shannon, Beth Koppes, Charlie Eastham, Ann Freerks, Terry
Smith, Bob Brooks
MEMBERS ABSENT:
Wally Plahutnik
Bob Miklo, Mitch Behr
STAFF PRESENT:
OTHERS PRESENT:
RECOMMENDATIONS TO COUNCIL (become effective on Iv after separate Council action):
Recommended approval, by a vote of 6-0 (Plahutnik absent), REZ05-00025/SUB06-00020, a rezoning to
amend the Planned Development Overlay and preliminary plat for the Peninsula Neighborhood, a 118-lot,
35.5 acre residential subdivision located on Foster Road.
Recommended approval, by a vote of 6-0 (Plahutnik absent), VAC06-00006: to vacate a portion of
McLean Street between Hutchinson Avenue and Lexington Avenue subject to utility easements if
necessary.
Public Discussion of Any Item not on the Agenda
No discussion.
Rezoninq/Development Item
REZ05-00025/SUB06-00020: Discussion of an application submitted by the Peninsula Development
Company for a rezoning to amend the Planned Development Overlay and preliminary plat for the
Peninsula Neighborhood, a 118-lot, 35.5 acre residential subdivision located on Foster Road.
Miklo commented that the Peninsula Neighborhood overlay was approved in May of 2001. It includes a
map that illustrates the various types of residential lots and what can be built on them. It also has
specifics on height and setback limits as well as general design standards. The plats for Phase 1 and 2
were approved in 2003. The applicant is now requesting amendments to the plan. The most significant
amendment is McCleary Lane which was originally proposed to be a pedestrian walkway between Canton
Street and Ball Street. The original plan included 12 small bungalow lots and an alley which would run
behind them for access. The lots were approximately 1/3 of the size of any other lots. The applicant has
proposed to replace the twelve bungalow lots with three single-family lots on Canton Street and one lot
with four townhouses on Ball Street and add an additional townhouse to an existing lot. Given the small
size of these lots the applicant has marketing concerns in mind with these changes. The proposed
change is compatible with the design of the rest of the lot. The applicant is also proposing two changes
to the neighborhood code. The current code includes 8 building types, ranging from single-family homes
to apartment buildings. The applicant has setback requirements in place for each of the building types.
The applicant is proposing to add two new building types. The bungalow is proposed for lots 73-75, 31,
35, 42, 47, 46, and 50. These lots would also have the option of the cottage building type which has
already been approved. This proposal is to allow a garage to be attached directly to the back of the
house. The other units have a detached garage or a garage attached with a breezeway. There would be
a 20 foot driveway on the back of the lot.
The other building type is a multi-family building. There have already been several multi-family building
plans approved including the townhouse, rowhouse, and small apartment building. The garage or parking
would likely be under the building instead of at the rear of the lot. The plan has always included
Planning and Zoning Commission
December 21,2006
Page 2
apartment buildings on outlots U (up to 2 36 unit buildings) and 0 (number of units has not been
determined). The staff feels that this is appropriate and would recommend approval.
There are a number of minor revisions to the plan, including the elimination of Phase 5 (17 single-family
lots which would be added to Phase 2A so they could be built sooner with the demand being for larger
lots), minor changes to Lots 54-55 (there is currently a shared driveway but for topographic purposes,
they would like to have Lots 55 and 56 share a driveway and have Lot 54 have its own), Lot 7 A (Phase 1)
would be eliminated and added to the adjacent lots to make them slightly wider, and the setback for lots
99-109 would be increased from 7 feet to 12 feet. Staff would recommend approval of all amendments to
the plan.
Freerks clarified the location of the bungalows (Lots 73-75, 31, 35, 42, 46, 47, and 50). Miklo responded
that the bungalows would be added on corner lots where alleys connect with the streets.
Eastham asked Miklo to comment whether the specifications of multi-family and bungalow building types
meet with the no step entrance requirements to the front and rear of the building. Miklo responded that
the apartment building would have to be ADA compliant and would require ramps to get to the first story
of the building. The bungalows would be at the discretion of the homeowner.
Brooks asked if the Commission was approving the elevation of the drawing on Miklo's presentation.
Miklo responded that the Commission was not.
Brooks opened the public discussion.
Kevin Morrow, Peninsula Neighborhood project manager, said that they feel that these amendments are
favorable to the overall project. The applicant has an interest in the overall profitability of the
development and feels that these changes would make the project more marketable. They have had
interest in large single-family lots in Phase 5 and they would like to incorporate them into Phase 2. They
are similar to Oakmont Estate lots, which are just north and have done well. They feel that these
changes would provide more options for prospective homeowners who may want more space. The
applicant feels that the McClearly Lane small houses style was never going to be very marketable
because of its small square footage. He hopes that the Commission agrees that these proposed changes
are improvements.
Brooks asked about the mix of housing in terms of affordability. He seems that the housing is generally
less affordable if you take away the small cottage. He asked what the applicant was doing to replace the
lower income housing. The applicant responded that there are more attached units that will be built in the
future. Their drive in the past year has been to make the single family home more affordable. The first
houses that were built were built above market prices and they have been making changes to them to
make them more marketable. He feels that changes can be made on the inside and outside of the
houses to make the homes more affordable but still marketable. The homes that have sold have sold
between $258,000 and $300,000. Homes are available now that start at just over $200,000.
Caroline Beyer, 1227 Swisher Street, is concerned that the addition of any further rental units would be
detrimental to her position as a homeowner. She feels that there are already several rental units. She
feels that the area and the access road are too small for the dense population that is proposed. She
would like to know if these changes would increase the number of rental units in the area. Miklo
responded that the City does not control whether a unit is rental or not. He stated that multi-unit buildings
were always intended and were established by the original plan. This adjustment simply provides more
specification for those building types. Beyer then asked about the bungalows. Beyer likes the idea of
combining the lots to create three single-family homes but she does not understand why you would add
the townhouses. Miklo responded that the original plan had townhouses at the north and south end of the
block and this change is simply filling in the balance with the same building type. This is a common
practice in zoning. It's not a requirement, but a common practice. There were two strips of bungalows
facing each other that would be replaced. Five townhouses would replace six bungalows. There will be
three single-family homes to replace the other six bungalows. The building type and size will match what
is on the other side of the street. Beyer now has a better idea of what the changes will be.
Planning and Zoning Commission
December 21,2006
Page 3
Brooks closed the floor for public discussion.
Motion: Smith made a motion to approve REZ05-00025/SUB06-00020, a rezoning to amend the Planned
Development Overlay and preliminary plat for the Peninsula Neighborhood, a 118-lot, 35.5 acre
residential subdivision located on Foster Road subject to staff approval of the multi-unit site
specifications. Freerks seconded.
Eastham stated for the sake of transparency that he is the President of the Board of the Housing
Fellowship (non-profit which develops low-cost housing with the Iowa City Housing Board) who built 17 of
the homes in Phase 1 of the Peninsula Neighborhood. They have no immediate interest in anything in
Phase 2 or 3.
Eastham stated that the goal of residential housing in the City is mixed housing types and mixed incomes
which necessarily include rental housing. The original Peninsula Neighborhood plan was set to
accommodate up to 10% lower income families. Eastham is delighted to see that there is rental housing
available in the Peninsula Neighborhood.
Freerks feels that this is an improvement to the plan and will make the neighborhood better. She
appreciates Caroline Beyer's concerns due to her investment in her home but feels that the general
outcome will be better.
Brooks feels that this is a good improvement but is concerned that a level of affordable housing is a
continuous goal. He encouraged the developer to continue to be interested in affordable housing.
Shannon responded that he feels it's important that housing remains affordable but does not feel that you
can put a cap on the number of rental housing in a neighborhood. He feels that if the neighborhood
becomes too heavily a rental neighborhood, the neighborhood changes. He feels that the homes should
be available to those who can buy them. He feels that people who rent do not have the same stake in
keeping up the neighborhood as those who buy.
Motion carried unanimously (6-0, Plahutnik absent).
Development Item
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 Road NE.
The applicant requested that this item be deferred to the January 18, 2007 meeting.
Motion: Smith made a motion to defer 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 Road NE to the January 18, 2007 meeting. Freerks seconded. The motion carried on a
vote of 6-0 (Plahutnik absent.)
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.
The applicant requested that this item be deferred to the January 18, 2007 meeting.
Motion: Smith made a motion to defer 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 to the January 18, 2007 meeting. Freerks seconded. The motion carried
on a vote of 6-0 (Plahutnik absent.)
Vacation Item
Planning and Zoning Commission
December 21,2006
Page 4
VAC06-00006: Discussion of an application submitted by Kevin O'Brien to vacate a portion of McLean
Street between Hutchinson Avenue and Lexington Avenue.
Miklo stated that McClean was platted several years ago but was never built. Each adjacent owner would
purchase the part of the lot adjacent to their lot and it would be added to their lot. The plat has rugged
topography and would not serve much use as public open space given its size. There are no public
utilities on the right of way. There are some gas lines which may require easements for the utility
company unless they are only service lines. Given that the right of way is not necessary for public street
access or emergency use, staff would suggest that it be approved subject to public utility easements, if
necessary.
Eastham asked what would happen if one of the property owners decided not to follow through with the
buy-out. Miklo responded that other adjacent owner would be able to buy the parts that were not
purchased by the owner who backed out. Behr stated that there would have to be binding commitments
and a specified price for the purchase to go through.
Freerks asked who was maintaining the land at this point. Miklo responded that the adjacent property
owners have been maintaining the land. Freerks asked the approximate dimensions of the land. Miklo
estimated that the land was 50 feet wide, 150-200 feet deep adjacent to each lot.
Brooks asked if there were existing easements for the private driveways. Miklo stated that there were not
and Brooks confirmed that the property owners built their private driveways on the City right of way.
Smith asked if there was a conflict of interest because he is an employee of a public utility company.
Behr responded that there was not because vacation is always subject to public utility easements.
Brooks opened public discussion.
Robert, one of the applicants, stated that he was in favor the vacation.
Brooks opened and closed public discussion.
Motion: Freerks motioned to approve VAC06-00006: to vacate a portion of McLean Street between
Hutchinson Avenue and Lexington Avenue subject to utility easements if necessary. Eastham seconded.
Freerks stated that this application meets all requirements of what is looked at for a vacation application.
Behr confirmed that the purchase price would be determined by the assessed value of the adjacent lots.
Motion carried unanimously (6-0 Plahutnik absent).
Other Items
Discussion of Planning and Zoning Work Program.
This item will be postponed to the January 18, 2007 until all members of the Commission are present.
Consideration of the November 27,2006 and December 7.2006 Meetinq Minutes
Motion: Smith motioned to approve the November 27 and December 7, 2006 Meeting Minutes. Koppes
seconded. Motion carried unanimously (6-0, Plahutnik absent).
Adiournment
Motion: Smith motioned to adjourn. Koppes seconded. Motion carried unanimously (6-0, Plahutnik
absent).
Meeting adjourned at 8:08 p.m.
Planning and Zoning Commission
December 21,2006
Page 5
Minutes submitted by Megan Weiler.
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