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HomeMy WebLinkAbout06-03-2004 Planning and Zoning CommissionAgenda Formal Meeting Planning and Zoning Commission Thursday, June 3, 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. Comprehensive Plan Item: Consider a motion setting a Public Hearing for June 17 on an application submitted by James Clark to amend the Comprehensive Plan to change the land use designation from general commercial to residential 25+ dwelling units per acre for approximately 1.34 acres of property located on the east side of S. Gilbert Street south of Ralston Creek. D. Rezoning Items: 1. REZ04-00006/SUB04-00007: Discussion of an application submitted by Southgate Development for a rezoning from Planned Development Housing Overlay High Density Single -Family (OPDH-12) zone to Planned Development Housing Overlay Medium Density Single Family (OPDH-8) zone and approval of a preliminary plat for a resubdivision of Lot 77 of Walden Wood Part 6, a 2.2 acre, 10-lot preliminary plat located at the north end of Jensen Street. (45-day limitation period: June 7, 2004) 2. REZ04-00012: Discussion of an application submitted by James Clark for rezoning from Community Commercial (CC-2) zone to High Density Multifamily Residential (RM-44) zone for approximately 1.34 acres of property located at 520-522 S. Gilbert Street. (45-day limitation period: June 27) 3. REZ04-00014/SUB04-00015: Discussion of an application submitted by Third Street Partners for a rezoning to approve an amended Planned Development Housing Overlay (OPDH) Plan and a final plat of Village Green Part XX, a 5.84 acre, two -lot subdivision with 19 proposed dwelling units. (45-day limitation period: June 27, 2004) E. Development Items: VAC04-00001: Discussion of an application submitted by Craig Farlinger for vacation of 3,400 square feet of alley right-of-way located between A Street and Friendship, and ls` and 2nd Avenue. VAC04-00002: Discussion of an application submitted by Southgate Development for vacation of the Jensen Street cul-de-sac bulb right-of-way at the north end of Jensen Street. F. Consideration of the May 20, 2004 Meeting Minutes. G. ADJOURNMENT Uneomine Planning & Zoning Commk.vion Mnvtinocr Informal June 14 June 28 Jul 12 Au st 2 Au st 16 August 30 Formal June 17 July 1 July 15 Au st 5 1 AuSust 19 September 2 STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: REZ04-00006/SUB04-00007 Date: June 3, 2004 Walden Wood Part 6 GENERAL INFORMATION: Applicant: Southgate Development Company 755 Mormon Trek Boulevard Iowa City, IA 52246 Phone: 337-4195 Applicant's Engineer: MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Applicant's Attorney: Joe Holland Brewery Square Suite 300 Iowa City, IA 52240 Phone: 354-0331 Requested Action: Rezoning from OPDH-12 to OPDH-8; Approval of an OPDH-8 Plan and Preliminary Plat. Purpose: To allow the development of 10 dwelling units Location: North terminus of Jensen Street Size: 2.2 acres Existing Land Use and Zoning: Vacant, PDH-12 Surrounding Land Use and Zoning: North: PDH-12; open space and residential South: RS-8; single-family residential East: PDH-12; multi -family residential West: P; trail and high school Comprehensive Plan: The Southwest District Plan states that this property is appropriate for single-family residential development. File Date: Revised plans received May 28, 2004 45-Day Limitation Period: July 12, 2004 K BACKGROUND INFORMATION: The applicant, Southgate Development Company, has requested approval of an OPDH-8 plan to allow the development of ten units on 2.2 acres of property located at the north end of Jensen Street. The property is platted as Lot 77 of the Walden Wood Part 6 subdivision. There is some history to this property. Lot 77 was platted in 1991 as part of the Walden Wood Parts 3-7 subdivision. Prior to 1983, this property was zoned R-3, multi -family residential. In 1983, this property, as well as some surrounding property, was rezoned to PDH-12, though no PDH plan was adopted for the property. In 1991, approximately 2.5 acres to the south was rezoned to RS-8, medium density single family residential, leaving this 2.2 acre remnant zoned PDH-12 at the north end of Jensen Street. The applicant has now requested a rezoning from OPDH-12 to OPDH-8, and approval of an OPDH-8 Plan, to allow ten dwelling units on ten lots to be constructed. In 1999, Southgate Development Company submitted a planned development proposal for this property consisting of 8 duplexes (16 units). Staff had recommended against that plan primarily due to the design maximizing density, while not providing any public benefits, and also due to pavement backing up to existing rear yards, and a lack of sidewalks. The request in 1999 was deferred indefinitely at the request of the applicant. ANALYSIS: Project Design: The proposed development consists of Jensen Street extending to the north west, terminating in a public cul-de-sac. Four dwellings are proposed on the east side of Jensen Street, and six dwellings are proposed on the south and west sides of the Jensen Street extension. The plan addresses the concern from 1999 that residential units should back up to each other, by having the rear of the residential units face the rear of the units to the south. While the rear yards are narrow, they do meet the City's minimum 20-foot rear yard requirement. The subdivision design consists of ten lots and two outlots. Ten dwelling units are proposed, in the form of zero -lot homes. Lot sizes range from 7,920 square feet to 3,691 square feet in size. While most of the individual lots are smaller than the lots in the neighborhood to the south, the overall density including open space is 4.5 lots per acre. This is the same overall density as the neighborhood to the south. One outlot encompasses the south side of the Willow Creek detention pond to the north; the other outlot on the eastern potion of the property is primarily for gas pipeline easement. The applicant has agreed to construct a trail from Jensen Street to the north to allow for a trail connection to the Willow Creek Trail. The City is working with the applicant on installing a pedestrian bridge over Willow Creek to allow for this trail connection to occur — this will provide a direct pedestrian route to Walden Square, West High School, and other destinations along the Willow Creek Trail. The trail is proposed to be dedicated to the City for public maintenance. Comprehensive Plan: The Southwest District Plan states "the two -acre property at the north end of Jensen Street is appropriate for single-family homes similar to those that already exist in the neighborhood." This gives some specific guidance that the development on this property, based on the public input received during the development of the Southwest District, should be in the \Wtyntyyapp$\moningsUensen Street PDH.doo 3 form of single family homes similar to those on the rest of Jensen Street. Zero -lot line dwellings (homes on their own lot, attached at the lot line in pairs) are considered to be single-family homes in the zoning ordinance. One of the concerns expressed by neighboring property owners has been the chance that these dwellings will become rental units. While anyone can rent their house, by having each home on it's own lot, there is an opportunity for the dwellings to be owner -occupied. Staff notes that the City cannot control whether someone rents their house, provided the property owner meets the requirements of occupancy, building code, and other rental permit -related requirements. PDH Plan Standards: The intent section of the PDH zone is to allow flexibility in the design and placement of buildings, use of open space, traffic circulation, and parking. It is also the intent of the PDH regulations to encourage the preservation of landscape features through development sensitive to natural features. The plan as submitted provides a segment of single -loaded street frontage along the detention pond to the north (this was stated as desirable during Commission review of the 1999 plan), with sidewalk access along Jensen Street. The applicant has also agreed to construct and dedicate to the City a trail connection to the Willow Creek Trail along the east side of the property. As stated in the intent section of the PDH zone, the design of dwellings should be compatible with surrounding residential developments. The applicant has provided three variations of a house design for this property. The proposed dwelling is a two -bedroom, approximate 1,600 square foot structure (including the garage). According to the applicant the significant difference in the proposed dwellings and the homes in the neighborhood to the south, is the proposed dwellings will not be split-level due to the flat topography. Where the three varieties of dwellings are used should be defined with the final PDH Plan for the property. Given the Comprehensive Plan and the intent of the PDH zone to encourage 'compatible' residential structures, one of the criterion the Commission should consider is whether the proposed dwellings are compatible with the surrounding neighborhood. Traffic: The estimated traffic from 10 units is approximately 70 vehicle trips per day (7 trips per unit). It is anticipated the majority of this traffic will use Jensen Street; some will use Irving Avenue to reach Shannon Drive. There are multiple route options to reach either Mormon Trek Boulevard or Rohret Road. This level of traffic is not unusual for 2 acres of development in a medium -density residential neighborhood, and will not overburden these streets. Open Space: Based on the City's adopted open space formula, residential development on this property would be required to dedicate 3,618 square feet of open space. The applicant is proposing to dedicate an approximate 6,600 outlot for the trail connection to the Willow Creek Trail, which satisfies the open space requirement. The Parks and Recreation Commission will consider accepting this outlot as open space. Storm Water Management: The detention basin to the north was designed to accommodate storm water runoff from this property when Walden Wood Parts 3-7 were platted. The development plan includes storm sewer pipe and easement to direct storm water into this detention basin. Water Main Extension Fee: A water main extension fee of $395 / acre is required. \loityntyyapp$VezoningsVensen Street PDHAo 4 Sanitary Sewer Tap -on Fee: No sanitary sewer tap -on fees are required for this area. Summary In summary, staff finds that the proposed medium density residential density is similar to the adjacent neighborhood to the south, which provides access to this development. The applicant has provided an amenity to the public with the trail construction for a connection to the Willow Creek Trail, and a segment of public frontage on the pond to the north. While the proposed dwellings are attached, they are each on their own lot and are single family residences. One of the criterion the Commission should consider is whether the proposed dwellings are compatible with the surrounding neighborhood. The existing houses on Jensen Street have designs that emphasize the residential portion of the structure by placing the garage entirely under the living spaces, rather than protruding forward. Staff suggests that emphasizing the residential portions of the structures by bringing them forward would make them more complementary to the neighborhood. STAFF RECOMMENDATION: Staff recommends that REZ04-00006, a rezoning from OPDH-12 to OPDH-8, Planned Development Housing Overlay — Medium Density Single Family Residential, and the preliminary OPDH-8 Plan, be approved, subject to a variety of dwelling -styles being used as submitted. Staff recommends that SUB04-00007, a preliminary plat of A Resubdivision of Lot 77, Walden Wood Part 6, be approved. ATTACHMENTS: 1. Location Map 2. Preliminary Plat and OPDH-8 Plan 3. Elevations of proposed structures 4. Written input received Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development \\cityntyyapp$lrezoninpsWensen Street PDH.Goc CITY OF IOWA CITY ON I CN ----C�LEARWA' `T MOSSY GLEN SYLVAN GLEN CT TTERS T T� r'-�::-3 SHADY EN CT QALDE:; CT SITE LOCATION: Jensen Street/Waldenwood Part 6 SUB04-00007 IOWA CITY. IOWA rc, ma. � I'aar F i - r --� L LOCATION MAP NOT TO SCALE Preliminary Plat and Preliminary 0. P. D. H. —8 Plan LEGEND AND NOTES esubdivision of Lot 77, Walden Wood Part 6 Iowa City, Iowa PLAT PREPARED BY OWNER/SUBDIVIDER OWNER'S. ATTORNEY, nr MMS CONSULTANTS INC. SOUTHGATE DEVELOPMENT CO. JOE HOLLAND =•�__= '—_ ®,r 1917 SOUTH GILBEIR ST. 755 MORMON TREK RD BREWERY SQUARE SUITE 300 IONA CITY, IOWA. 52240 IOWA CITY, fA 52245 IOWA CITY, IA 52240 ® LEGAL DDSCRIT%M ,•�""' �" �a� m aanan r uoaa s aae iy, ME ei L E ' r' Tm r. 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From: brian-lai@uiowa.edu Sent: Thursday, March 25, 2004 4:36 PM To: john-yapp@iowa-city.org Subject: Letter about possible subdivision at the end of Jensen Street Mr Yapp, Hi, I talked with you on the phone Tuesday about the application for a subdivision at the end of Jensen Street and have subsequently received a letter about it. I have pasted into this message a letter expressing my concern about this application. I have also mailed you a hard copy of this letter. I would appreciate it if you would express my concern to the other members of the Planning and Zoning Commission. Also, please let me know if there has been a recommendation made about this application. Thanks, Brian Brian Lai Assistant Professor Department of Political Science University of Iowa Iowa City, IA 52242 March 25, 2004 Iowa City Planning and Zoning Commission City of Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Members of the Iowa City Planning and Zoning Commission, My name is Brian Lai and I live at 1044 Jensen Street. I am writing to ask you to deny the application for a new subdivision to be located at the end of Jensen Street. I believe this proposed subdivision will provide little additional housing and will result in increased traffic in our neighborhood, the possibility of flooding in the new subdivision, a reduction in the beauty of the neighborhood, and a decrease in overall property values. The proposal only creates five additional duplexes in an area that is already filled with apartments, duplexes, and single family homes. For example, a new apartment complex has just been completed off Shannon Drive (two streets to the West of Jensen Street) and a new single family home subdivision is in the process of being completed at the end of Shannon Drive. This area does not require additional subdivisions, given the vast number of existing apartments, duplexes, and single family homes. While creating only a few additional and unnecessary duplexes, this proposal has severe negative consequences for the existing residents of Jensen Street and Irving Avenue. First, it is likely to create increased traffic on both streets. Southgate already has five duplex units on Walden Road and there appear to be at least three to four cars associated with each unit. Thus the proposed new subdivision is likely to lead to an additional 15 to 20 cars driving through the Walden subdivision (especially on Jensen Street), creating two important problems. First, most of the home owners of Walden Road, Jensen Street, Jensen Court, and Irving Avenue have young children who ride the bus to school and play in the neighborhood. Increased traffic especially from younger drivers (who tend to rent Southgate duplexes), is likely to pose a hazard to these children. The City of Iowa City occasionally posts a police officer on Walden Road, across from the current Southgate duplexes to monitor the traffic and to prevent speeding in the neighborhood. While I do not have any data on the number of traffic stops from these duplexes (and hence for the proposed duplexes), the presence of a squad car indicates that at a minimum. it is a real possibility. This new subdivision will greatly increase the traffic on Walden Road, Irving Avenue, and especially Jensen Street, creating a hazard for the home owners and their young children. Currently, there is a nice division between the single family homes and apartments/duplexes in the area. The apartments and duplexes are on Walden Road and Shannon Drive, on the outside edges of the single family homes. This helps to reduce the traffic and noise associated with these apartment complexes and duplexes. This proposal would eliminate this very effective division and will disrupt the home owners of Jensen Street, Jensen Court, and Irving Avenue. The increased traffic will also adversely affect traffic on Mormon Trek. One outlet from this area is Mormon Trek from Walden Road. There is no traffic light and most residents of the apartment complexes, duplexes, and single family homes turn left to get to downtown Iowa City. There are often traffic accidents at this intersection, especially in the winter time after significant snow falls. Adding additional units to this area will only compound this problem. Beyond traffic, residents of the existing duplexes on Walden Road tend to park on the adjacent street. If this pattern continues with the proposed subdivision, this street parking is likely to spill over onto Jensen Street, creating a nuisance and hazard for its residents. Second, the proposed subdivision is likely to reduce the beauty of the area. This is likely to influence not only the homeowners of Jensen Street and Irving Avenue, but the entire Iowa City community. The proposed area is not very large and is already bordered on all sides by two apartment complexes, single family homes, and West High School. Adding a new subdivision is going to create a very cramped area that gives the appearance of a poorly planned and ill designed development. It also removes one of the few untouched natural areas in this part of Iowa City. Not only are the residents of this area going to be affected, but anyone who uses the Willow Creek Trail will pass right by this proposed development. Currently, people on this trail enjoy a view of a small pond, a field, and trees. Under the proposal, people on the trail will observe first construction, followed by the back and side of a duplex, a paved cul-de-sac, and a private drive leading to yet another paved cul-de-sac. The proposal will give this area of Iowa City a very negative reputation as a poorly planned and developed area, where apartments, duplexes, and single family homes have been shoved together, decreasing the current beauty shared by residents and anyone who uses the Willow Creek Trail. In addition, the current landscaping in the proposed area includes a patch of trees that to some degree provides a visual barrier between the residents of Jensen Street and Irving Avenue. Based on the development plans, this patch of trees will be removed, leading the residents of Irving Avenue to have a view of West high from the backs of their houses and the view from the West High football field will be duplexes and a paved cul-de-sac. Even the future residents of the proposed subdivision will be adversely affected. Two duplexes will be very close to an apartment complex that is behind them. This proposal creates an enormous eyesore for the residents who live on the West side of Iowa City. This proposal also creates the possibility of flooding in the newly developed duplexes. Currently, Jensen Street slopes downhill into a field. When there are heavy rains or the winter snow melts, the field is a perfect way to absorb the excess water. Paving over the field and adding a subdivision that is going to border a pond is going to create a very precarious situation. Whenever there are heavy rains, all the water will flow into the new subdivision and with very little green space left to absorb the increased water, it will be carried from the new storm drains into the pond behind the subdivision, creating the potential for the pond to flood on to the new subdivision or the Aspen Lake Apartments. In addition, city snow plows push the snow that accumulates on Jensen downhill and currently it rests at the end of Jensen Street and melts into the field. Under the proposal, this snow will be pushed into the new subdivision and will have nowhere to melt but into the pond, creating a potential for flooding. On a more personal level, this proposed subdivision vitiates one of the primary reasons I bought my house, the tranquility and beauty of the field and pond to the side of my house. If this development is approved, the resulting construction will be an enormous nuisance to me. I do a significant amount of work from home and I enjoy the quiet of the neighborhood when I am working. The construction from this development will significantly affect my work and quality of life. After the construction, I will not have a view of any green space from my house. Please reject the application from Southgate Development for five duplex buildings at the end of Jensen Street. This proposal is a poorly conceived idea that only serves to increase traffic hazards, reduce the beauty of Iowa City, and increase potential problems for current and future residents. This development poses a serious traffic hazard to the residents (especially young children) of the established neighborhoods. It destroys the current layout of the area, which separates single family homes from apartments and duplexes. Also, this proposal will remove the natural beauty of the area, creating cramped living arrangements for all of its residents. All of these factors will reduce the property value for all the local developments. This proposal poses significant problems for individual homeowners, the neighborhood, and the residents of Iowa City. As such, I implore you to reject this application. Sincerely, Brian Lai Assistant Professor Department of Political Science University of Iowa Iowa City, IA 52242 Page 1 of 1 John Yapp From: Kuo-Kuang Wen [kkwsjc@hotmail.com] Sent: Thursday, May 13, 2004 6:04 PM To: John-Yapp@iowa-city.org Subject: RE: FW: Southgate development proposal Mr. Yapp, We received Southgate proposal. Thanks for your caring. In fact, we are very disappointed in this "new" proposal. THERE IS NOTHING NEW! There are still 10 units, which occupy most of the land, and leave "just" enough space from our property. I don't mean to be critical, but I fail to see Southgate's good willing to cooperate with current neighbors. I understand that Southgate owns that land and has every right to develop it for profit. However, individual like myself should also have the right to protect personal property from depreciation caused by big business company's "development". Moreover, like I mentioned in my previous e-mail, that piece of land is actually "manmade". I worry if the land foundation is stable enough to support up to 10 units on top of it. Finally, I am very curious about Southgate's repeating "withdrawl"/"resubmit" attitude. With summer vacation approaches and most families in our neighborhood have school -age kids, I know a lot of them have "out of town" vacation plans. I hope the public hearing won't occur during summer vacation because the appearance rate from our neighborhood will be seriously affected! Is there anyway to make sure the hearing takes place during non -vacation time to ensure our concerns to be heard by the city? Thanks again for your kindness and help. This development proposal concerns a lot of our neighbors. Please help and support us to voice our concerns. Shereen Chang FREE pop-up blocking with the new MSN Toolbar_- get it now! 5/14/2004 John' Yapp From: brian-lai@uiowa.edu Sent: Thursday, May 13, 2004 9:57 AM To: John Yapp Subject: Re: FW: Southgate development proposal May 13, 2004 Iowa City Planning and Zoning Commission City of Iowa City 410 East Washington Street Iowa City, IA 52240 Dear Members of the Iowa City Planning and Zoning Commission, My name is Brian Lai and I live at 1044 Jensen Street. I am writing to ask you to reject the application for a new subdivision to be located at the end of Jensen Street and to ask Southgate to consider a development that fits with the rest of the current neighborhood. This proposal is very similar to the earlier proposal put forward by Southgate. It calls for 10 duplex units. I believe that this proposal still creates several negative conditions for the residents of the current neighborhood. First, it is likely to create increased traffic on both streets. Southgate already has ten duplex units on Walden Road and there appear to be at least three to four cars associated with each unit, some of which are generally parked on the street. Thus the proposed new subdivision is likely to lead to an additional 15 to 20 cars driving through the Walden subdivision (especially on Jensen Street), creating two important problems. First, most of the home owners of Walden Road, Jensen Street, Jensen Court, and Irving Avenue have young children who ride the bus to school and play in the neighborhood. Increased traffic especially from younger drivers (who tend to rent Southgate duplexes), is likely to pose a hazard to these children. The City of Iowa City occasionally posts a police officer on Walden Road, across from the current Southgate duplexes to monitor the traffic and to prevent speeding in the neighborhood. While I do not have any data on the number of traffic stops from these duplexes (and hence for the proposed duplexes), the presence of a squad car indicates that at a minimum, it is a real possibility. This new subdivision will greatly increase the traffic on Walden Road, Irving Avenue, and especially Jensen Street, creating a hazard for the home owners and their young children. Currently, there is a nice division between the single family homes and apartments/duplexes in the area. The apartments and duplexes are on Walden Road and Shannon Drive, on the outside edges of the single family homes. This helps to reduce the traffic and noise associated with these apartment complexes and duplexes. This proposal would eliminate this very effective division and will disrupt the home owners of Jensen Street, Jensen Court, and Irving Avenue. The increased traffic will also adversely affect traffic on Mormon Trek. One outlet from this area is Mormon Trek from Walden Road. There is no traffic light and most residents of the apartment complexes, duplexes, and single family homes turn left to get to downtown Iowa City. There are often traffic accidents at this intersection, especially in the winter time after significant snow falls. Adding additional units to this area will only compound this problem. Beyond traffic, residents of the existing duplexes on Walden Road tend to park on the adjacent street. If this pattern continues with the proposed subdivision, this street parking is likely to spill over onto Jensen Street, creating a nuisance and hazard for its residents. Instead of 10 duplex units, you should suggest that if Southgate plans on developing this land, that they should consider developing housing that fits with the current neighborhood, preserving the existing division between single family homes and duplexes (which are primarily populated by students). For example, they might consider developing housing similar to the non-attached townhouses on Irving Avenue and Shannon Drive. Most of these homes are populated by families. Non-attached townhouses that are slightly larger 1,191 square feet would preserve the nature of the neighborhood. Instead of 10 duplex units, the integrity of the existing neighborhoods would be better served by 5 single family homes or non-attached townhouses that are roughly 2,000 square feet. This would be more in line with the current houses in the neighborhood and would help to insure that the demographic composition is similar. Finally, this would significantly reduce the traffic dangers previously discussed. If Southgate plans to develop this area, I ask the Commission to consider the current composition of the existing neighborhood and the welfare of its citizens. With only one outlet into the proposed development, adding 10 duplex units (which are likely to be populated by students) is going to create traffic hazards for the current residents especially for the children. It will also destroy the nice division between single family homes and apartment/duplex residences (which generally house students). Thus, I ask that you please reject this current proposal and instead suggest that Southgate develop this land more in line with the current residences (individual single family homes). Sincerely, Brian Lai 1044 Jensen Street Iowa City, IA 52246 Johr��1"`�AP From: Vieira, Alexandre [alexandre-vieira@uiowa.edu] Sent: Monday, May 03, 2004 9:55 AM To: john-yapp@iowa-city.org Subject: southgate developing plan Dear Sir: a month ago, our neighborhood discussed the proposed plans for the 2.2 acre property located at the north end of Jensen Street. I was planning to write you earlier, but I got sick and just now I am getting back to normal. I believe five duplex buidings that will probably be destinated for renting will potentially disturb our neighborhood in different ways. All surroundings are family houses and I believe that would be a better fit for the end of Jensen Street. Future tenants wil be very likely college students. That will very likely increase the danger of the traffic on Jensen Street and connected streets. Today, children play in the neighborhood safely, greatly because of the low traffic density. In summary, the perspective of having the end of Jensen Street being developed is good, but this should be destinated to more family houses. I appreciate your atention, Alex (16 Jensen Ct.) Alexandre R. Vieira, D.D.S., M.S., Ph.D. Dept Pediatrics MIL 2182 The University of Iowa Iowa City, IA 52242 Phone # (319)335-9686 FAX# (319) 335-6970 alexandre-vieiraeuiowa.edu John Yapp From: Stein, Colleen [colleen-stein@uiowa.edu] Sent: Tuesday, April 27, 2004 5:16 PM To: john-yapp@iowa-city.org Subject: southgate construction site Dear John Yapp, We are residents living at 6 Jensen Court, near the site where Southgate has proposed to build five duplex houses (at the end of Jensen St. in Iowa City). Thank you for keeping us and other near -by residents informed about Southgate's application. As our house borders on Jensen St, we are concerned about the consequences of this proposed addition to our neighborhood. Our major concerns are as follows: 1. Increase in traffic flow. With five duplexes the increase would be substantial, particularly if each residence is rented to several adults (university students, for example). With two small children, this is of primary concern to us. 2. Parking overflow onto Jensen St. If rented to un-related adults, parking overflow onto Jenser St. could become a problem. 3. Decrease in property value. We fear that a decrease in our property value is likely to occur if the duplex units are rented. In our neighborhood, our houses, lawns, and gardens are very well maintained. It would be unfair for this level of care to be disrupted, and for the continuity of our neighborhood to be broken. 4. Fate of the path around the pond. Our family and most others in the neighborhood really enjoy the "nature" walk or bike -ride along Willow Creek path. We hope that with the construction, this path with the surrounding trees, creek and wildlife (many species of birds, ducks, a beaver, etc) can be preserved. We feel that these are real concerns; the duplex units at the top of Walden road lend validity to several of our points. The sidewalks in front of these duplexes are typically blocked by cars, and in winter months are often not shoveled. Parked cars line the road across from the rentals, creating a traffic hazard along a curved area of the road. Our counter proposal. As an alternative to building duplex units that would most likely become rented by unrelated individuals, we would much prefer that single-family homes be constructed. Our neighborhood consists now of all single-family homes, and a continuation of this makes sense, and would alleviate concerns #1 to #3 listed above. Southgate should not have a problem with selling single-family homes. Homes in our neighborhood have been selling extremely quickly, with values in the range of about $120,000 to $250,000. In the event that Southgate is unwilling to sway from their duplex proposal, then we strongly suggest that the duplex homes blend with the style of houses in our neighborhood, and if possible, that each duplex be distinct from the others in design, in hopes of attracting individual families as residents. Thank you for your consideration, Colleen Stein and Marc Pizzimenti Page 1 of 2 John Yapp From: Kuo-Kuang Wen [kkwsjc@hotmail.coml Sent: Monday, April 26, 2004 7:52 PM To: John-yapp@iowa-city.org Subject: concerns regarding new development Mr. Yapp, I am a resident living on Irving Avenue. My back yard is just adjacent to the new development proposed by South Gate. I have several concerns regarding this plan, and I hope you will be able to help me for this matter. First, the foundation. When we moved into our current home, the land where the new development proposed was virtually "non -exist". It was filled later by those waste soil transferred from new construction sites such as Emily Court. It was a very low land before filling. In fact, we have to "climb down" from our backyard to reach the pond. Also, whenever it rains, the flooding water just washing down from Jensen Street toward the pond. In this situation, I can't help but wonder how stable the foundation will this land provide for housing construction. Moreover, if the foundation of these new buildings is not stable enough, I am afraid that it will eventually affect the foundation of my house! Second, the neighborhood. The current neighborhood is mainly middle-class families with school - age children. There are two things concern us the most: green space and safety. Currently, all kids in our neighborhood play on streets since there is no open green space available for them. With more and more new constructions going on, the traffic has been increasing dramatically, and we are concerned about our children's safety when they play outside. If the new construction will add duplex/townhouse in that area, the chance of renting instead of selling that property just increases, and the main renters will be college students! We have been suffering midnight parties, quarrals and fights from the nearby townhouse areas. We also suffer from the crowded parking, street blocking and speedy driving from those residents in the duplexes on top of the Jensen Street, and most of them are students. Since the City has no right to dictate how South Gate will manage its own property, I wonder how our rights will be preserved and respected. Third, the privacy. All the other houses in this neighborhood are back-to-back. That is, there is the distance of two backyards from one house's balcony to the next! The proposed plan will put houses right at our property line. We will have much shorter distance (just ONE backyard!) from our balcony to the location of the house. How our privacy is protected is a big concern. Will we pull our curtains, and close our windows all day long? I can't even imagine if those houses will be rented out to college students, I wonder how we are going to maintain our current living qualities when there are parties going on all night long. Forth, the wild life. There are numerous animals living in that land now. We have seen beavers, hooters, deers, and even red foxes! Not to mention those beautiful trees standing there now. They are probably nothing worthy of saving in the eyes of big companies, but in ordinary people's eyes, they are just part of our daily lives now. It is inevitable to continue development in Iowa City with ever growing population. However, I feel extremely painful that we don't even preserve a small land for them in our neighborhood. These are quite length questions but still hardly enough to express my concerns over this new 5/ 14/2004 Page 2 of 2 development proposal. Your help will be deeply appreciated. Shereen Chang, MD Department of Neurology UIHC, Iowa City, IA 52242 MSN Toolbar_ provides one -click access to Hotmail from any Web page - FREE download! 5/14/2004 Page 1 of 1 John Yapp From: Brobalino@aol.com Sent: Saturday, March 27, 2004 12:54 PM To: john-yapp@iowa-city.org Subject: Walden Wood Lot 77 John, I want to thank you for being so helpful in providing us with drawings of the proposed development of Lot 77. 1 have shared this information with other neighbors. I have several comments. -1 had heard that one of the cul-de-sacs may be eliminated. This makes alot of sense. It seems to me that Lot 77 could be developed into single family lots similar to the adjacent lots. The back of the new lots to the west side of Jensen Street would face the south and the back yards of the other homes on Irving and the road could still be on the pond side of the single family homes. Even though Lot 77 is at the edge of this portion of Waldon Wood, the only access to Lot 77 is through a single family home neighbor and therefore it seems more appropriate to have single family homes in this location. -If single family homes are simply not an option, I would ask that you consider moving the road farther north so that there could be more space between the back of the duplexes (to the west of Jensen Street) and the south lot line. The distance between the back lot lines and the houses on Irving and in the development in general is approximately 50'. Moving the road even 8' to 10' to the north would increase the distance from the duplexes to the lot line from 28' to 38'. 1 would like the road to move even farther to the north but I realize the grades may not permit this. -Do you know if Southgate Development plans on selling or renting the units? On the site plan, the size of the units is listed as 1,216 SF however the plans that I looked at in your office showed the units as 1,606 SF. What is the actual size of the units? Has Southgate given the city any indication of the sale price of the units? Thank you. Beverly Robalino 5/20/2004 John Yapp From: Stein, Colleen [colleen-stein@uiowa.edu] Sent: Tuesday, April 27, 2004 5:16 PM To: john-yapp@iowa-city.org Subject: southgate construction site Dear John Yapp, We are residents living at 6 Jensen Court, near the site where Southgate has proposed to build five duplex houses (at the end of Jensen St. in Iowa City). Thank you for keeping us and other near -by residents informed about Southgate's application. As our house borders on Jensen St, we are concerned about the consequences of this proposed addition to our neighborhood. Our major concerns are as follows: 1. Increase in traffic flow. With five duplexes the increase would be substantial, particularly if each residence is rented to several adults (university students, for example). With two small children, this is of primary concern to us. 2. Parking overflow onto Jensen St. If rented to un-related adults, parking overflow onto Jensen St. could become a problem. 3. Decrease in property value. We fear that a decrease in our property value is likely to occur if the duplex units are rented. In our neighborhood, our houses, lawns, and gardens are very well maintained. It would be unfair for this level of care to be disrupted, and for the continuity of our neighborhood to be broken. 4. Fate of the path around the pond. Our family and most others in the neighborhood really enjoy the "nature" walk or bike -ride along Willow Creek path. We hope that with the construction, this path with the surrounding trees, creek and wildlife (many species of birds, ducks, a beaver, etc) can be preserved. We feel that these are real concerns; the duplex units at the top of Walden road lend validity to several of our points. The sidewalks in front of these duplexes are typically blocked by cars, and in winter months are often not shoveled. Parked cars line the road across from the rentals, creating a traffic hazard along a curved area of the road. Our counter proposal. As an alternative to building duplex units that would most likely become rented by unrelated individuals, we would much prefer that single-family homes be constructed. Our neighborhood consists now of all single-family homes, and a continuation of this makes sense, and would alleviate concerns #1 to #3 listed above. Southgate should not have a problem with selling single-family homes. Homes in our neighborhood have been selling extremely quickly, with values in the range of about $120,000 to $250,000. i In the event that Southgate is unwihmg to sway from their duplex proposal, then we strongly suggest that the duplex homes blend with the style of houses in our neighborhood, and if possible, that each duplex be distinct from the others in design, in hopes of attracting individual families as residents. Thank you for your consideration, Colleen Stein and Marc Pizzimenti To: Planning & Zoning Commission Item: REZ04-00012 GENERAL INFORMATION: Applicant: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: STAFF REPORT Prepared by: Shelley McCafferty Date: June 3, 2004 James A. Clark 414 E. Market Street Iowa City, IA 52245 Rezoning from CC-2, Community Commercial to RM-44, High Density Multifamily Residential To allow development of multifamily dwellings East side of Gilbert Street between Burlington and Bowery Streets 1.34 acres Commercial, residential; CC-2 North: RM-44, High Density Multifamily Residential South: CC-2, Community Commercial East: RM-44, High Density Multifamily Residential West: CB-5, Central Business District Support Mixed -use, General Commercial May 13, 2004 June 27, 2004 The applicant, James A. Clark, is requesting the rezoning of approximately 1.34 acres from CC-2, Community Commercial, to RM-44, High Density Multifamily Residential. The area under consideration is on the east side S. Gilbert Street between Ralston Creek and Bowery Street and includes 500-506, 516 and 520-22 S. Gilbert Street. Total, there are three lots two of which have commercial uses in single -story buildings. The third lot has a 1910 two-story rental house. Two of these properties are either owned by the applicant, or acquisition is being negotiated. Mr. Clark intends to redevelop these lots with high density residential dwelling units. The applicant previously submitted an application requesting the rezoning of this area to CB-5, Central Business Support. In the CB-5 zone, off street parking is not required because all of the existing CB-5 zones are located within the Near Southside parking impact fee district. In this district, developers pay a fee towards the construction of public parking facilities and are relieved from providing some required parking on their property. However, the property under 2 consideration is outside this area and there was concern that sufficient off-street parking be provided. Therefore, it was determined that the parking requirements for this property should be equivalent to the requirements of the CC-2 zone. Subsequently, the application was withdrawn. ANALYSIS: This property is located within the Downtown Planning District. The Comprehensive Plan Landuse Map indicates specifically that the property under consideration should be used for general commercial uses. This rezoning would deviate substantially from the Landuse Map and policies of the Comprehensive Plan. Therefore, prior to consideration of the requested rezoning, it must first be determined if there is any compelling reason to deviate from the current plan. The applicant has requested that the Comprehensive Plan be amended to change the land use designation of this property from general commercial to high -density multifamily residential. To consider an amendment of the Comprehensive Plan, the State Code requires that the Commission give notice and then hold a public hearing before making a decision. The agenda includes setting a public hearing on an amendment to the Comprehensive Plan for June 17. Although the Comprehensive Plan may be discussed in the context of the proposed rezoning, Commissioners should refrain from making a decision regarding the amendment until after the pubic hearing. The applicant has presented a number of reasons that, in his opinion, the Comprehensive Plan should be amended and this property rezoned to RM-44 to allow high density multifamily use on this property rather than general commercial, for which it is currently zoned. His statement outlining these reasons is attached. Comprehensive Plan Amendment Economic Well-being: For the purpose of assuring a healthy economy for Iowa City, the Comprehensive Plan recommends the redevelopment and reuse of downtown and existing commercial corridors. The plan also encourages the creative reuse of existing commercial sites that are vacant or underutilized, thus discouraging sprawl and commercial development that is less accessible to pedestrians, bicycles and areas with higher density development. Gilbert Street, where the property under consideration is located, is a major commercial corridor and entranceway into Iowa City. The commercial corridor extends from Bloomington Street to Napoleon Park and only a few properties along this corridor have only residential use. The vast majority of the property along Gilbert Street has commercial, mixed or institutional uses. A large new mixed -use building is currently being developed at the corner of Gilbert and Kirkwood Avenue and the City encourages additional redevelopment of the underutilized property along Gilbert Street. Gilbert Street is also a four -lane arterial street with Average Daily Traffic volume of approximately 20,000 vehicles per day. Property located along Gilbert Street is highly visible to the public, which is desirable for successful commercial use. There are currently three one- story commercial buildings located on this property, which, despite their semi -industrial appearance and poor vehicular accessibility, continue to be occupied. Future capital improvement plans call for Gilbert Street to be widened and a south -bound left-hand turn lane added at the intersection with Bowery Street. Redevelopment of this area for commercial or mixed -use buildings, with the ground level floor designed in a manner that is conducive to commercial, with better parking options and access, should only improve opportunities for new and existing businesses along this corridor. 3 Also relative to economics, the Comprehensive Plan states that the character of downtown should be protected and a strong, accessible downtown should be maintained as a pedestrian - oriented, commercial and residential center. Commercial zoning, either as CC-2 and CB-5 requires commercial on the ground level as a primary use, but also allows for upper level residential. The ground level commercial is essential to meeting the goals of the Comprehensive Plan. Pedestrian interest and activity gives downtown vitality and makes it a viable commercial center. The commercial development located on the west side of Gilbert Street between Burlington and Prentiss Streets is relatively successful towards meeting this goal. In contrast, Burlington Street between Clinton and Gilbert Street is dominated by apartment buildings, auto -oriented and institutional uses. This area is not attractive for pedestrians and does not contribute significantly to downtown's vitality. Neighborhood Commercial: Gilbert Street between Burlington and Bowery Streets is not only a commercial corridor, which is highly visible to the community, it also serves the surrounding neighborhood. Neighboring land uses in the vicinity include a substantial concentration of high - density residential dwellings used predominantly for student housing. This area of Gilbert Street is an established neighborhood center that serves these residents. Having businesses in this location reduces the need for residents to drive elsewhere for services. Development of good quality commercial space on the east side of Gilbert Street would provide the opportunity to better serve this market. The Comprehensive Plan supports this land -use pattern. Commercial buildings on both sides of Gilbert Street between Burlington and Bowery Streets are nearly all occupied. The exception to this is a historic building that has not been brought up to code for commercial use. Staff does not feel that there are any compelling reasons that additional commercial uses would not be viable on this property. Although there are other commercial properties in the downtown and Near Southside vicinity that are currently vacant, this does not necessarily indicate that there will not be a greater demand for commercial property in the future. Moreover, many of vacant spaces in the downtown area do not have the advantage of being located on such a highly visible arterial location and may have other design issues that contribute to their vacancy. There are some site and access issues that must be solved if this property were to be redeveloped. However, staff does not feel that these issues preclude commercial development, but may impact the intensity to which this property may be developed and therefore the market value of the property. Appropriate commercial use should not be precluded in the future only because it is believed that high -density residential development would be more profitable in the short term. Land Use Pattern: Diversity in land uses is also critical to the quality of downtown. Amending the plan and rezoning this property to RM-44, regardless of the state of the economy or the demand for additional commercial space at this time, will eliminate any future opportunity to develop this corridor for commercial and a mixture of land uses. This may create a monoculture of student apartment buildings along this corridor with little interest at the street level. It is also good planning practice to have similar uses and zoning on both sides of a street. Zoning boundaries are located at rear properties lines whenever possible. Development of good quality commercial on both sides of Gilbert Street south of Ralston Creek will further strengthen this area as a commercial corridor, and downtown and neighborhood commercial center. 4 Rezoning The proposed rezoning does not comply with the future land use plan or the policies of the Comprehensive Plan. It is not compatible with the commercial character of downtown and the larger Gilbert Street Corridor that extends from Bloomington Street to Napoleon Park. Therefore, staff does not recommend approval of this rezoning. Summary Staff feels that the goals and strategies of the Comprehensive Plan relative to the development or redevelopment of commercial property in the downtown vicinity, neighborhood commercial and land use diversity are applicable to 500 through 522 S. Gilbert Street. Furthermore, commercial development in this area serves the Near Southside neighborhood and the area east of Gilbert Street. This corridor is also ideally suited to commercial, because it has high vehicular traffic and high pedestrian traffic, particularly if redeveloped with mixed use buildings. Future improvements to Gilbert Street should enhance opportunities to capture business from those driving along Gilbert Street. The first priority for the development of this property should be the construction of good quality commercial space that is conducive to the viability of businesses in this location. To further support this goal, residential development is recommended above the ground floor commercial space. However, if the property is too confined to allow development of both commercial and residential uses, commercial is the more suitable use. Rezoning this property to RM-44 would eliminate the potential for any future business development on this property as recommended by the Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends that REZ04-00012, an application from James A. Clark to amend the Comprehensive Plan and for a rezoning from CC-2, Community Commercial, to RM-44, High Density Multifamily Residential on approximately 1.34 acres located on the east side of Gilbert Street between Burlington and Gilbert Streets be denied. ATTACHMENTS: 1. Location map 2. Application statement Approved by: Ae�AAOO Robert Miklo, Senior Planner, Department of Planning and Community Development Rezoning to RM-44 Rezoning of the properties in this Application is warranted for the following reasons: 1. The properties are currently commercial buildings, except for one house which is residential use. All are zoned CC-2. 2. The properties are either owned by the applicant, or acquisition is being negotiated. The Applicant proposes to redevelop those properties into townhouses containing multifamily residential dwelling units. 3. The properties to the east of the properties are all multifamily housing and zoned RM-44. 4. Rezoning to RM-44 will allow for more economical use, consistent with the market demand for property in the area, of the properties than does the current zoning. 4. The Applicant has previously submitted an Application to rezone the properties to CB-5. That Application has been withdrawn. At the March 4 meeting of the Planning and Zoning Commission questions were raised regarding access to area properties, especially by trucks servicing commercial uses. The Applicant has drafted a number of proposed developments for the property, with the majority eliminating access from Gilbert Street to the property. None of the proposals are economically feasible due to parking requirements in CB-5, dimensional requirements, and commercial vehicle access issues. The proximity of the properties to Ralston Creek prese"s limitations on building at the north end of the prorCe>rties- Commercial use of the properties is not the best use Oli;@, t -T, location and access issues.{"— t: , FTI The City plans to widen Gilbert Street to include a turf;-i,lam for Bowery Street which would make access off GilberQ- ree-t to the properties problematic for vehicles of all types. ry CO 5. The rezoning is not inconsistent with the Comprehensive Plan as currently written because it fits into a mixed use area. If the Commission believes that the Comprehensive Plan needs to be revised to allow for this rezoning, the Applicant is asking that such a revision or amendment be made. HOLLAND & ANDERSON LLP 123 N. Linn St., Suite 300 P.O. Box 2820 Iowa City, IA 52244-2820 Phone: (319) 354-0331 Fax: (319) 354-0559 May 12, 2004 Bob Miklo Iowa City Planning Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Bob: C. Joseph Holland jholland@icialaw.com Lars G. Anderson landerson@icialaw.com LeAnn Heun Iheun@icialaw.com As I mentioned to you by telephone, I am submitting, on behalf of Jim Clark, an Application to rezone properties at 500-522 S. Gilbert Street. I understand it to be your position that the Comprehensive Plan would need to be amended to allow for this rezoning. We would ask that in addition to the Application for Rezoning that an amendment to the Comprehensive Plan be formally put in motion. We believe that the areas we are seeking to have re -zoned would be a sufficient area for an amendment to the Comprehensive Plan. On the east side of Gilbert Street from Burlington to Bowery this would leave only the The Mansion and the property immediately to the north of Ralston Creek designated as commercial areas. That seems appropriate because of the character of the buildings on those properties and their locations. Further, everything to the east of the 500-522 properties are already zoned RM-44 and this would be contiguous with those properties as part of a Comprehensive Plan. I hope this is sufficient as to our reasons for pursuing this. If you need clarification or anything further from me please let me know. Very truly yours, CJH:ses cc: Jim Clark STAFF REPORT To: Planning & Zoning Commission Prepared by: John Yapp Item: REZ04-00014/SUB04-00015 Date: June 3, 2004 Village Green Part XX GENERAL INFORMATION: Applicant: Third Street Partners, LLC PO Box 209 Iowa City, IA 52244 Applicant's Attorney: Mark Danielson 222 S. Linn Street Iowa City, IA 52240 Applicant's Engineer: MMS Consultants Inc. 1917 S. Gilbert St. Iowa City, IA 52240 351-8282 Requested Action: Amend an approved preliminary plat and OPDH plan; Final plat approval Purpose: A two -lot subdivision and planned development including 19 dwelling units. Location: North side of Wintergreen Drive west of South Jamie Lane Size: 5.84 acres Existing Land Use and Zoning: Vacant; OPDH-5 Surrounding Land Use and Zoning: North: Residential; OPDH-5 South: Vacant; OPDH-5 East: Residential; OPDH-5 West: Vacant; OPDH-5 Comprehensive Plan: Residential; 2-8 dwellings per acre File Date: May 13, 2004 45-Day Limitation Period: June 27, 2004 60-Day Limitation Period: July 12, 2004 BACKGROUND INFORMATION: The applicant, Third Street Partners, is requesting an amended preliminary plat of Village Green Part XX, to allow a third garage stall on 7 of the 19 dwelling units. The existing preliminary plat for Village Green Part XX was approved in December, 2001. The applicant is also requesting a final plat of Village Green Part XX, a two -lot subdivision. 2 ANALYSIS: OPDH Design The OPDH zone is established to permit flexibility in the use and design of structures and land in situations where a conventional development may be inappropriate, where modifications of requirements of the underlying zone are not contrary to the intent and purpose of the zoning ordinance, inconsistent with the Comprehensive Plan, or harmful to the neighborhood in which they are located. This portion of the Village Green Development was approved as a planned development to allow clustered housing units all with frontage on a pond (which also collects and conveys storm water). The approved plan contains 19 dwelling units in clusters of two and three -unit structures, on a 5.84-acre property. Each unit includes a two -car garage. The applicant has requested an amendment to the approved plan to allow an optional third garage stall to be constructed with up to 7 of the 19 dwelling units. The proposed location of the third stall is shown on the plan — a note is included on the plat that this third stall will be set back at least two feet from the other stalls; this is to provide some articulation along the facade. In recent proposed developments, the size and location of the garage in relation to the residential portion of the structure has been the subject of much discussion recently. However, unlike blocks of narrow -lot single-family lots, the Village Green housing units have longer areas of green space between structures. For example the median inside the Lancester Place loop provides an approximate 3/ acre green space; and there is a 140-foot green space and view of the pond between structures west of the Lancester Place / Wintergreen Drive intersection. These green spaces help mitigate the effect of clustered structures and garages. Staff finds the addition of a third garage stall on 7 of the 19 dwellings in the already -approved Village Green Part XX plan to be a minimal change. Preliminary and Final Plat The applicant has submitted a preliminary and final plat of Village Green Part XX, a 2-lot, 5.84- acre subdivision. The preliminary plat was approved in 2001, but has expired due to not being acted on for a 24-month period. The final plat appears to be consistent with the preliminary plat. Open space: the open space requirement have been satisfied with previous parts of Village Green and Village Green South. No new public open space is proposed, and no fees are required. Storm water management: Storm water management requirements were satisfied with previous parts of Village Green. The proposed pond is not part of a City -required storm water management system. However, the proposed pond will improve drainage in the area by providing an additional area for water to aerate and sediments to settle. Lancester Place: With recent subdivisions, staff has recommended that 22-foot wide streets be posted as No Parking. Lancester Place is a 22-foot wide loop street, a portion of which is in Village Green Part XX. The legal papers should state this street will be posted as No Parking. Utilities: A water main tap -on fee of $395/acre is required. A sanitary sewer tap -on fee of $1,698.18/acre is required. These fees go toward off -setting the cost to the City to provide water and sewer service to this and surrounding developments. These fees have already been paid for the portion of the development north of the section line (The land north of the section line was previously part of Village Green, for which fees have been paid). UASubdivisionsWlllage green XX.DOC 3 Legal Papers and Construction Plans: Legal papers and construction plans have been submitted, and are under review. STAFF RECOMMENDATION: Staff recommends that REZ04-00014 an amended Planned Development Housing Plan of Village Green Part XX, a 5.84 acre, two -lot, 19 dwelling unit plan located on the north side of Wintergreen Drive west of South Jamie Lane, be approved. Staff recommends that SUB04-00015 a preliminary and final plat of Village Green Part XX a 5.84 acre, two -lot residential subdivision, be approved, subject to approval of legal papers and construction plans prior to Council consideration. Approved by: ATTACHMENTS: 1. Location Map 2. Preliminary Plat and OPDH Plan 3. Final Plat /1Ll..00,lil. Robert Miklo, Senior Planner, Department of Planning and Community Development \\citynt\yapp$lsubdivlslws\village green XX.DOC _:_ . - m - a • - cwoEsswN6L lafsld+, rowo • - pAroutt c'"V . rpwo O - MVEYtt XIFRS Yi W - ONCKRtt !. 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IOTA 52260 L RiiA, �:r ®�FFY!YLG^I '©R®t'FUTFi ®®RI'fiFiYRSi ©Rl^F�ilc9 [!LTi LTTR.S NifA.T9 RFCS CAL1C!.9 R<SiiV N"Lti.'9[i5^.1 RI!LL:.'9R4:7 O [R.^FLL C!>•R7I."T'.S ©ITS^TlFSif'T'➢R4�S R©s:TY3R RT4'-i'9f'TCf iFs:7 tflT9f'T:V RtFT.fYN'iSTlEi5i7 RCFSiilFfi'.1 � N'SFFR [['-R*7 C'.•dGLi FI[FT7 Fs'T.f➢CFri LRF7 R©ir•GT.•9 iF'T9{LCF iiFif9RiL29 R[T4.YR.7 t37 f'.�'➢i.'T'9E!XfG ffS29 RiSi?S tiiYF9R;C'I ©i': iT3R [Z!i+9 t+SIFrJ NFZ1T RT'1Li9 RFFiLFT. F3 OiRSRQ:'A"Yf57C^i t!T'9f'�'9C'.':. g'i3 'ORS'Y.:9 L:T9iii1f57f'[SVii^i.%2R4TYfi7 t� �'1l'9'9 iTY iR{G if {Yg fiFiV N!dA'YT^I mfi.FiTA ®i4Y-4.'•9 i2!T.'..➢i^i'5!?T3➢i7Fi➢IZ�. L'LL•'•➢ Rif?[N f T9 f f'FA➢ RLR'.i3. Ri{Ni21S`i . 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VVV NS Rnl LSre el odd 6' . o oog Pal qY a ., 2" of lb.5o o Mnu Sywwx tlap ouo Rat lire. W.M I kot Mace 41o2Y0479 atlq u Ent tio. II)Ap NeC Trau SIYM'OI't tloq Ent Moue Xogaelnl1 eFo LLo. 60.00 M: oese rn31YS]Yt 'e, a SpS.b bpt room qrv, tonure Nal,auuiY. aNw 83p.BP kol tlrod V , 5 000 o ". IMu NOS]I'SSY, f.tl ht to a part u M NpU M. u IN "e, Orols of odo SMgn N: Rrarw 9NSTg1'R dar9 uY NaIL Y luM Rut to too Sw t Cans a ao..t '6' a aI YMu lien Pat R A [Y. h ocmWru oRlr IM Mt tosnl Rewoeo Nr % RnL !6. -P1e 93.- a 1M oca<el f etoo iA_men rank Rowoio OMcc Mw u Tm•w w.... _ _ �.y O Fi 00 160A0 �% 1M N Rnau ?l2l511 r 1Ji31 S,W Nola3 PuuiG a and fa toe sYte ai two. ---_ PLAT/PLAN APPROVED DY the City of Iona City d ckrt title L5O nP/Y RR Y[Y SFL 0�Is5wm�i 51ui M pLSNY VISIn GL1MR .V frwf tn®1, yE /Qrw 11E aSfiuYla. ua eur M fY5i e[pn- m er tK rtllpaR Smm aonO. UWrCa Ro wLSi lYYu4r1gX5 Gln YfISUVri 1Y: RLW DDM ' of An mK< Nunpa: 6300016F STAFF REPORT To: Planning & Zoning Commission Prepared by: Shelley McCafferty Item: VAC04-00001 Date: June 3, 2004 GENERAL INFORMATION: Applicant: Craig Farlinger 113 E. Td Street West Liberty, IA 52776 Requested Action: Vacation of alley Purpose: To enlarge lot Location: 500 2"d Avenue Size: 20' x 170' Existing Land Use and Zoning: RS-5, Low Density Single Family Residential Surrounding Land Use and Zoning: North: RS-5, Low Density Single Family Residential South: RS-5, Low Density Single Family Residential East: RS-5, Low Density Single Family Residential West: RS-5, Low Density Single Family Residential Comprehensive Plan: 2-8 dwelling units per acre File Date: April 28, 2004 45-Day Limitation Period: June 12, 2004 BACKGROUND INFORMATION: The applicant, Craig Farlinger, is requesting the vacation of a 3,400 square foot portion of the alley right-of-way located between A Street and Friendship, and 1S` and 2"d Avenue (see attached location map). This section of the right-of-way is 170 feet by 20 feet and is located adjacent to the south property line of 500 2Id Avenue. The alley for this block as platted is L-shaped. The longer, north -south leg provides access to some of properties along 1 s` and 2"d Avenue. The shorter, east -west portion of the alley appears to have never been constructed and is currently maintained as part of the side yard of 500 2"d Avenue. ANALYSIS: There are three general criteria to apply when recommending a right-of-way vacation. Release of a street or alley right-of-way should not be recommended when it would result in 1) detrimental vehicular or pedestrian circulation, or 2) interference with the rights of access to E private property, or 3) if it would inhibit access of fire or emergency vehicles, or utility service vehicles. Circulation and Access: The right-of-way proposed for vacation is currently not used by the general public for either vehicular or pedestrian access to any property. It is an unpaved alley that is used as an extension of the yard of 500 2"d Avenue. Approximately five properties located on the south half of this block use the north -south alley right-of-way for rear access. The remaining properties on this block have street access from 1st or 2"d Avenue. Future Use of Right -of -Way: At this time, the City does not have plans to improve this alley or use the alley for other purposes. Because 1st Avenue is an arterial street, future traffic levels may increase and improvements and/or widening of 1 st Avenue may be necessary at time. If 1st Avenue is improved, it may also be necessary to limit access to individual lots from 1st Avenue. In this case, having through access from the rear alley would be desirable. The secondary access may be provided through either the existing alley right-of-way that connects to 2nd Avenue, or by extending the north -south portion of the alley north to A Street. Therefore to preserve the potential for the improvement of this alley to better serve the properties on 1st Avenue, staff recommends that the east/west portion be vacated only if the applicant dedicates property to allow the north/south portion of the alley to function as a through alley. Utilities: Staff has notified the utility companies of the proposed vacation and has not yet received information from all of the utility companies regarding whether there are any utilities in this right-of-way. If utilities do exist, a utility easement will need to be provided if the alley is vacated. STAFF RECOMMENDATION: Staff recommends that the City vacate the 3,400 square foot portion of right -or -way located south of 500 2"d Avenue subject to: 1) The conveyance to the City of a 20-foot by approximately 100-foot area of right-of-way along the west property line of 500 2"d Avenue; 2) The retention of any necessary utility easements; 3) To the conveyance of the right -or -way being approved concurrently with the approval of the ordinance vacating the alley; 4) The inclusion of a curb where the vacated alley right -or -way intersects 2"d Avenue. ATTACHMENTS: 1. Location map Approved by: /4,40r,"Ift Robert Miklo, Senior Planner, Department of Planning and Community Development CITY OF IOWA CITY PN Eff FRIENDSHIP ST D ST SITE LOCATION: 500 2nd Street CC2 FRIE KH-1p S RM 20 VAC04-00001 STAFF REPORT To: Planning & Zoning Commission Item: VAC04-00002 North Jensen Street GENERAL INFORMATION: Applicant: Applicant's Engineer: Applicant's Attorney: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45-Day Limitation Period: Prepared by: John Yapp Date: June 3, 2004 Southgate Development Company 755 Mormon Trek Boulevard Iowa City, IA 52246 Phone: 337-4195 MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Phone: 351-8282 Joe Holland Brewery Square Suite 300 Iowa City, IA 52240 Phone: 354-0331 Vacation of right-of-way To allow a new design of North Jensen Street to be platted. North terminus of Jensen Street 7,748 square feet Vacant, PDH-12 North: PDH-12; open space and residential South: RS-8; single-family residential East: PDH-12; multi -family residential West: P; trail and high school The Southwest District Plan states that this area is appropriate for single-family residential development. May 27, 2004 July 11, 2004 2 BACKGROUND INFORMATION: As part of the request for approval of a Planned Development Housing Plan and Preliminary Plat of Lot 77, Walden Wood Part 6, Southgate Development is requesting the existing platted cul-de- sac right-of-way of Jensen Street be vacated. This is to allow a new design of Jensen Street to be dedicated. ANALYSIS: There are three general criteria to apply when recommending a right-of-way vacation. Release of a street or alley right-of-way should not be recommended when it would result in 1) detrimental pedestrian or vehicular circulation; 2) interference with the rights of access to private property; or 3) if it would inhibit access of fire or emergency vehicles, or utility service vehicles. This portion of Jensen Street is not improved, and only provides access to Lot 77 of Walden Wood, Part 6. It should be vacated only if new right-of-way is designated to be dedicated through approval of the OPDH Plan and Preliminary Plat of A Resubdivision of Lot 77, Walden Wood Part 6. STAFF RECOMMENDATION: Staff recommends that VAC04-00002 a vacation of the north cul de sac bulb of the unimproved Jensen Street right-of-way, be approved, subject to the OPDH Plan and Preliminary Plat of A Resubdivision of Lot 77, Walden Wood Part 6, designating the new Jensen Street right-of-way, being approved. ATTACHMENTS: 1. Exhibit of Jensen Street right-of-way proposed to be vacated Approved by: ./4i �� Robert Miklo, Senior Planner, Department of Planning and Community Development WvacationslJensen Street vocation.doc NI4'6629�i' 't45� 167.04' 50497'49'E B5.75' GP aO2E4MI DrtMp POINT OF TERMINATIC �(�0nfI�1 W' QLSDO LSUU l'IV• 0 0 00' R=50 ppG34 6 00' r-28.'a IN ALLLBPN MTn Tie PLAT C=50.00' THERESP RnldOtD IN P.AT POLL 7T AT PAEE 59 OP THE CB.N85'IS'57'E W i11E O�1I CO,N'Y RELGRGER9 LRV.E STREET R.O.W NOD'26'55"W .31.I4' TO BE VACATED OL•2 Lad DEEM HOL ,I I I — I PA 'IA 01 s 16 ffi W 75 iW GRAPHIC SCALE IN FEET 1"=IDO' LEGAL DESCRIPTION OF BEGINNING POINT OF BEGINNINI R.N89Zq WIi7� O.W. ON) So (V CATI 14a 6 I 'I I MIA I DCE %MOO OO D- pG1G34 I I 1 ILA Ii_ I STREET RIGHT-OF-WAY TO BE VACATED Commencing at the Southwest Corner of Lot 77, of Walden Woad. Part 8, in accordance with the Plat thereof Recorded in Plot Book 32. of P099 39, of the Records of the Johnson County Recorder's Office; Thence N8518'57"E, along the South Line of said Lot 77, a distance of 312.43 feet, to the Paint of Beginning of the Existing Street Right -of -Way to be wooled; IDen<e Northeasterly, 261.80 feet along a 50.0o foot radius curve, concow Southeasterly, whose 50.00 foot chard bears N8518'57'E: Thence SO4'41'03"E, 4.86 feel. to u Point on the South Line of Said Lot 77; Thence N89'08'01"W, along said South Line, 50.24 feel. to the Point of Beginning. Said Right -of -Way to be wooled contains 7,748 square feet, are or less, and is subject to easements and restrictions of record. 15.6 STORM SEWER EASEMENT TO BE VACATED Commencing at the Northwest Corner of Lot 77. of Walden Wood, Part 6, in accordance with the Plat thereof Recorded in Plat Book 32, al Page 39. of the Records of the Johnson County Recorder's Office; Thence N74'46'29"E, along the North Line of acid Lot 77, a distance of 145.00 feet; Thence S89'13'31"E, along said North Line 167.04 feet, to the Point of Beginning of the Centerline of o 15.0 foot Storm Sewer easement to be vacated; Thence SO4'37'49"E, along the Centerline of Said 15.0 foot Storm Sewer Easement, o distance of 85.75 feet, to the Point of Termination of said Centerline of a 15.0 fact Storm Sewer Easement to be vacated. LEGEND AND NOTES • - PROPERTY CORNER(S), FOUND (as noted) O - PROPERTY CORNERS SET (5/8" Iron Pin w/ yellow, plastic LS Cap embossed with "MMS" ) ® - CUT "X" PROPERTY k/or BOUNDARY LINES -- --- ---' - RIGHT-OF-WAY LINES — - CENTER UNES — - LOT LINES, PLATTED OR BY DEED - - - - - - - - - - - - - - - - - EXIS➢NG EASEMENT LINES, PURPOSE NOTED (R) - RECORDED DIMENSIONS M - MEASURED DIMENSIONS C22-1 - CURVE SEGMENT NUMBER UNLESS NOTED OTHERMISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS ERROR OF CLOSURE IS LESS THAN i FOOT IN 20,000 FEET 19 1 hwMY awllry t al tnN d we.Yin9 . P t npnea 0e r.leletl ewwy wwk waslanow farm m untlundermy duet and Peraand eupamiall ana Mlot duly I anW Land 9ul.,or under the laws of the 9tat g�g T 30_. a. D 8. owa Llc N. 8155 SMS `^j MYW F • 0ewmev 31, 1a _. XRIrtN SEAL P Is when. covered hr Inb eeW: N3 i' O wh R 1"i �n n n oNs o Sheet Title: RIGHT-OF-WAY AND EASEMENT VACATION PLAT 'l`l m� CON3ULTANIB• INC p 1 GOM REVIEW Cn 3 (N e II i 1 /i Iowa City, Iowa (379) 351-8282 i z Protect Title: Ln fn R 4 P Io A PORTION OF LOT 77 OF WALDEN WOOD PART 6 n IOWA CITY, JOHNSON COUNTY, IOWA r"�/'Vll Daeignea by: Drawn by. Checked by P 8 e LRS RLW GDM o