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Home My WebLink About04-01-2004 Planning and Zoning CommissionREVISED AGENDA Agenda Informal Meeting Planning and Zoning Commission Monday, March 29, 2004- 7:30 p.m. ******RECREATION CENTER MEETING ROOMB ****** 222 SOUTH GILBERT STREET Agenda Formal Meeting Planning and Zoning Commission Thursday, April 1, 2004 - 7:30 p.m. Emma J. Harvat Hall (Iowa City City Hall) A. Call to Order B. Public Discussion of Any Item Not on the Agenda C. Subdivision Item: 1. SUB04-00001: Discussion of an item submitted by James Davis for a final plat of JJR Davis Addition, a 26.98 acre, 8-Lot commercial subdivision located west of Mormon Trek Boulevard, south of Highway 1 (45-day limitation period: April 16, 2004) D. Other Items: 1. Discussion of Planning & Zoning Commission By -Laws, section 10 conflict of interest. E. Consideration of the March 4, 2004 Meeting Minutes. F. ADJOURNMENT Upcoming Planning & Zoning Commission Meetings: Informal April 12 May 3 May 17 May 31 Cancelled June 14 June 28 Formal April 15 May 6 May 20 June 3 June 17 July 1 STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: SUB04-00001 JJR Davis Addition Date: April 1, 2004 GENERAL INFORMATION: Applicant: James R. Davis 4097 Kitty Lee Road Iowa City, IA 52240 Phone: 338-5327 Applicant's Engineer: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Applicant's Attorney: Thomas Gelman 321 E. Market Street Iowa City, IA 52245 Phone: 354-1104 Requested Action: Final plat approval Purpose: An 8-lot commercial subdivision Location: East of Highway 218, west of Mormon Trek Boulevard, south of Highway 1 Size: 26.98 acres Existing Land Use and Zoning: Vacant, CH-1 Surrounding Land Use and Zoning: North: Commercial; CIA South: Agricultural & Residential; County RS East: Vacant; CIA West: Highway 218 Comprehensive Plan: The South Central District Plan identifies this area as appropriate for intensive or highway commercial development. File Date: March 2, 2004 45-Day Limitation Period: April 16, 2004 60-Day limitation Period: May 1, 2004 2 BACKGROUND INFORMATION: This property was annexed to Iowa City in 2003, as part of a larger annexation including approximately 150 acres of territory. The extension of Mormon Trek Boulevard and associated public utilities was recently completed adjacent to this property, providing the infrastructure to support commercial development. There is a jurisdictional wetland on the south side of the property — the applicant has recently received approved permits from the Iowa Department of Natural Resources and Army Corps of Engineers, who have jurisdiction over wetlands, to disturb a portion of the wetland in exchange for enhanced wetland construction and vegetation on this property and another property in the same watershed. The disturbance of a portion of the wetland is necessary to construct a stormwater detention basin to serve this development. In December 2003, the Commission reviewed and recommended approval of the Sensitive Areas Development Plan, including the preliminary plat, and wetland compensatory mitigation plan. The Sensitive Areas Development Plan was also recently approved by the City Council. The stated intent of the CH-1 zone is that the highway commercial zone is intended to permit development of service uses relating to expressways or along other major arterial thoroughfares. At certain access points, food, lodging, motor vehicle service and fuel can be made conveniently available to the thoroughfare user. ANALYSIS: Subdivision design: The proposed 26.98-acre subdivision consists of eight commercial lots between 0.8 and 8 acres in size. One new street is proposed, City View Drive, designed as a loop street with both ends accessing Mormon Trek Boulevard. Two outlots are proposed at the south end of the property. Outlot A, which is zoned Interim Development Residential (ID-RS), which is on the south side of the wetland area, is designated for future residential development. Outlot B, which includes the wetland, is designated as the storm water management and wetland buffer area. The subdivision design is consistent with the approved preliminary plat. A site plan for development on Lot 1 was recently approved, and construction of an auto dealership is nearly complete. This lot is incorporated into the subdivision because it shares much of the infrastructure with the rest of the subdivision, such as the street and sidewalk system. Access control: During analysis of the preliminary plat and rezoning of the property, staff determined appropriate access control for the subdivision. One existing access point to Mormon Trek Boulevard will remain, the old Rock's Roadhouse access point. This access point is being incorporated into Lot 1. Lots 5-8 will not have direct access to Mormon Trek Boulevard; The access for Lot 8 will be via an access easement across Lot 7, which is shown on the plat. An access control plan such as this is important to avoid future problems with excess conflict points along arterial streets. Storm water management: Two storm water management basins are proposed, one on the property to the east for Lot 1, and one on the south side of the property in Outlot A for Lots 2-8. Wetlands issues: In order to accommodate the storm water management basin in Outlot A, \lcityntyyapp$\subdivisions\Davis Addition flnal.doc 3 the applicant had a compensatory wetland mitigation plan developed, which has been approved by the Iowa Department of Natural Resources (DNR) and Army Corps of Engineers. The mitigation plan is also referenced in Sensitive Areas Rezoning ordinance for the property, and has been recorded with the property. The mitigation plan and Iowa DNR and Army Corps of Engineers permits spell out both short term (monitoring of the wetland for at least five years) and long term (Iowa DNR may require remedial work and corrective measures to ensure the long-term success of the wetland) responsibilities to ensure the success of the wetland. The legal papers specify that the management of the wetland will be the responsibility of the subdivider (or successors) and the owners of Lots 2-8. Water main extension fee: A water main extension fee of $395 / acre will be required. Sanitary sewer tap -on fee: A sanitary sewer tap -on fee of approximately $3,200 / acre will be required. Legal papers and construction plans: Legal papers associated with the final plat have been received, and are under review. Construction plans have been approved. STAFF RECOMMENDATION: Staff recommends that SUB04-00001, a final plat of Davis Addition, a 26.98-acre, 8-lot commercial subdivision, be approved, subject to approval of legal papers prior to City Council consideration. ATTACHMENTS: 1. Location Map 2. Final Plat Approved by: , e!i ' 410_6� - Robert Miklo, Senior Planner, Department of Planning and Community Development \\citynt\jyapp$\subdivisions\Davis Addition fnal.doc CITY OF IOjf'A CITY 9 ch clf 1 OSA/ CI1 SITE LOCATION: JJR Davis Addition S U B04-00001 LEGEND ANDNOTES O - S4iNYIL PtlR OI.YY rwwwssiapprnry mnn0\ Iw b wYII e - �Mlr Mw�..IM�lrb uvr 1K • -WIY —_ wwYmw _ —___ _ : c�.�NY��wIac.. w�wN�so �� -aN LY i! �,w. Y1W N3N PIN Y0.4 PP YVVMO IIHRO N 4Hmlr.oq,r. m.l woPln H cawm •1Y IPr I. DMa00Rt6HS MW 11tl11N ]gtlY fRl / von IUH sac,.mna INIg512% „\ A / M.15' NYsll.p Xuv4 MII .-N; . SX AOIES .4 p. W IN.IIY\� SOSJ]'1)Y JN F.'AI'a• A =0 i1R M rrDIR F.d ��\• } to \ Yea rnX' c.I.3 IOOIq aDi NG.^`F a-N!m' •fl , 9' rw N N� M1�S �Iv CyTI�H'�11SYtt/�fpYY rXMviu W.m W.9 •b/ i M v/YM pj/ I W Inb / m. = / � w[Yon".� W N 1 W ) MN ) Ar N I \ ,,R I N w°uN�IIw, b g I•> X.]1 f Final Plat JJR Davis Addition Iowa City, Iowa uN w. Dry ArBr BQ r00 NNIrRTWA Bc it R XHx YWv v XHI NYir.q LLG TMrw. 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NIY.[M®, City of Iowa City MEMORANDUM Date: March 26, 2004 To: Planning and Zoning Commission From: Robert Miklo Re: Commission Bylaws In 1997 the Planning and Zoning Commission amended its bylaws to specify that a member who believes that they have a conflict of interest on a matter to come before the Commission, shall leave the room when the item is discussed. The City Council follows a similar practice. The attached article from the Planning Commissioners Journal provides a discussion of the matter. If the Commission decides to amend the bylaws the proposed amendments will have to be reviewed and approved by the City Council. TIP #7 FOR NEW COMMISSIONERS r RECOGNIZE CONFLICTS OF INTEREST Why Care About Conflicts of Interest? Conflict of interest questions are part of the larger due proc- ess consideration of the impar- tiality of the planning board or commission. Simply stated, every party before your board is entitled to a fair hearing and decision, free from bias or fa- vor. Having a conflict of inter- est can threaten that impartial- ity. Therefore, it is critical that conflicts be identified and dealt with in an appropriate manner. The issue of conflicts of inter- est is particularly acute when a planning board member has an interest in developable real es- tate. While none of us like to think that we have given up some right by agreeing to serve on the planning board, the most sensitive ethical area in- volves a perception that a planning board member is act- ing in a way to advance his own interests in private prop- erty development. As a planning commissioner you are a public official. As such your actions are sure to be under scrutiny by members of the public and by your local media. The slightest stumble in how you deal with ethical is- sues has the potential to flare up into controversy. When in Doubt, Disclose if you believe that you have a conflict of interest or a situa- tion that could create the im- pression of a conflict of inter- est, the safest route is to dis- close the nature of your con- cern to the planning commis- sion. Be sure to make this dis- closure before beginning dis- cussion of the item. Let the Commission Decide Rather than an individual planning commissioner making a unilateral determination on conflict questions, consider establishing a procedure 'Whereby a commissioner may request permission to be ex- cused, or request permission to participate, and let the com- mission make the determina- tion. This has several effects. First, it removes the burden from the individual. Second, it allows for the possibility that the commission may disagree with the individual commis- sioner's determination. Err on the Side of Caution When faced with a potential conflict, readily agree that you are willing to step aside if the commission so desires. Any insistence on your part to stay involved will only create the impression that you have a rea- son "to stay involved." Leave the Room Once a determination has been made that there is a conflict or potential conflict the simplest course of action is for that commissioner to simply leave the room. Out of sight, out of mind. Continuing to sit silently with the commission or even moving to the audience is not good enough. Leave the room. An Ounce of Prevention ... As with many things in life, it makes sense to plan for contin- gencies. Take the time to be- come familiar with whatever legal restrictions involving con- flicts of interest apply in your state. it may benefit your full commission to schedule an in- formal meeting or workshop with your city or county attor- ney to discuss hypothetical conflict of interest (and other ethical) concerns and how to deal with them.. From, "Conflicts of Interest -A First Looh" and "Caution: Con- flicts of Interest," by Greg Dale (PCJ #1 and 34) Disqualify Yourself Don't fail to disqualify yourself if either directly or indirectly you have any financial interest in the outcome of the hearing, and let your conscience be your guide where it could be said that moral, ethical, politi- cal, or other considerations, such as personal animosity, would not permit you to make a fair and impartial decision.... To avoid all accusations of un- due influence, it is generally wise to leave the room and ask that the record show that you did so and that you did not in- dicate by word or action whether you were in favor of; or opposed to, the matter un- der discussion. From, "The Riggins Rules, #9" by Fred Riggins (PCJ #13). I 10