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Home My WebLink About11-19-2009 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION Monday, November 16, 2009 — 6:00 PM Informal Meeting Iowa City City Hall Lobby Conference Room 410 E. Washington Street Thursday, November 19, 2009 - 7:00 PM Formal Meeting Iowa City City Hall Emma J. Harvat Hall 410 E. Washington Street AGENDA: A. Call to Order B. Public Discussion of Any Item Not on the Agenda C. Development/Rezoning Item D. Rezoning Item REZ09-00010: Discussion of an application submitted by Allen Homes, Inc. for a rezoning to amend the Planned Development Overlay Medium Density Single Family Residential (OPD-8) zone for approximately .44 acres of property located on Westbury Drive, south of Middlebury Road to allow five additional townhouse style dwelling units. (45 day limitation period: November 29, 2009) E. Subdivision Item SUB09-00009: Discussion of an application submitted by DASH Properties, LLC for a preliminary and final plat of Hunter's Hideaway, a 1-lot (with an outlot for private open space), 3.92 acre residential subdivision located between Washington and Jefferson Streets at 1136 E Washington Street. F. Consideration of Meeting Minutes: November 2 and November 5, 2009 G. Other H. Adjournment Upcoming Planning & Zoning Commission Meetings Informal November 30 December 14 January 4 January 18 Formal December 3 December 17 January 7 January 21 " Meeting cancelled due to holiday City of Iowa City MEMORANDUM Date: November 19, 2009 To: Planning and Zoning Commission From: Christina Kuecker, Associate Planner RE: REZ09-00010 Westbury Drive A new site plan has been submitted. The driveways in the rear have been narrowed to provide for more green space and plantings between the driveways. The landscaping in the open space has been shifted to create more usable open space and the paths leading to the proposed shelter have been moved to provide handicap accessibility. The technical issues regarding drainage and erosion control have been addressed. There were a few minor issues regarding labeling identified by the City Engineer that needed to be worked out. The City Engineer is reviewing the new site plan. These issues will also be checked when the Final OPD Plan is reviewed by Staff. Site Plan and correspondence enclosed ally ICI _ W 14 w A M2Eq qo p N . �� t ci t dwz 6 n _j 0 LU I I [Z 2 1 _j 0 5 UP j P, 'Ni lip mill —vow �1s��`\�a1 . a ............... 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N, z PMroo^,No � ' � • '� jfn Q o 0 o v rn w O O O O p N g ¢ppN ¢`00000 na 2 z o ¢zz CL' 7 z�' ¢ = I inUQ o� JY ¢ ¢ S a �S Jy •� � I ,� r n pP 1N3W3SV3 3 NI K 23M3S O1S Of �h y 3 - � p4 EX \� f�� FzzI4 �w Q, Xa(jaAq QM 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 November 11, 2009 VIA E-MAIL Christina-kuecker@iowa-city.org City of Iowa City Planning & Zoning Department c/o Christina Kuecker Associate Planner RE: Lot 1 Olde Towne Village Dear Ms. Kuecker: C. Joseph Holland jholland@icialaw.com Lars G. Anderson landerson@icialaw.com Tarek A. Khowassah thowassah@icialaw.com Our office represents Allen Homes, Inc. I understand that at a recent Planning & Zoning Commission meeting there were some questions raised about certain condominium documents. The purpose of this letter is to provide a brief history and explanation of Allen Homes, Inc.'s involvement in Lot 1, Olde Towne Village Condominiums and the relevant condominium documents. The Condominium Declaration for Lot 1, Olde Towne Village Condominiums was recorded June 27, 2008. The owner at that time was Larry J. Lee Construction, Inc. Larry J. Lee Construction, Inc. is identified as the Declarant for the Condominium Declaration. At the time the Declaration was recorded, there was an unrecorded contract for the sale of the property, with the exception of what is now Building A of the condominium project, to Allen Homes, Inc. Subsequent to the recording of the Declaration, Larry J. Lee Construction, Inc. transferred all of the developer's and declarant's rights to Allen Homes, Inc. and executed a deed in favor of Allen Homes, Inc. The original Declaration provided that there would be four buildings, Buildings A, B, C, and D, with Buildings A, B, and D, containing 4 units and Building C containing three units. Attached to the Declaration as Exhibit E, was a site plan showing the location of those buildings. Before any units were conveyed by Larry J. Lee Construction, Inc., or Allen Homes, Inc., the Condominium Declaration was amended, with the approval of Larry J. Lee Construction, Inc., to allow for up to 6 additional units to be constructed, and further to specifically provide that Exhibit E may be amended to incorporate those units. The construction of the additional units was, and remains, contingent upon approval of the rezoning request. The construction of the additional units and amendment of the site plan for the condominium project, has been a matter of public record since April, 2009 when the First Amendment to the Condominium Declaration was recorded. Should you have any questions or concerns regarding this, please do not hesitate to contact me. Sincerely, Lars G. Anderson LGA:ses cc: Allen Homes, Inc. STAFF REPORT To: Planning & Zoning Commission Prepared by: Sarah Walz Item: SUBZ09-00009 Date: November 19, 2009 GENERAL INFORMATION: Applicant: DASH Properties 911 E. Market Street Iowa City, IA 52245 Contact Person: Doug Alberhasky Phone: 319-331-8764 doug(a)_lohnsgrocery.com Requested Action: Preliminary and Final Plat Purpose: To divide property into two lots. Location: 1136 East Washington Size: 3.92 acres Existing Land Use and Zoning: Single-family Residential (RS-5) Surrounding Land Use and Zoning: North: Residential (RS-5) South: Residential (RS-8) East: Residential (RS-5) West: Residential (RS-8) Comprehensive Plan: Potential Public Open Space Neighborhood Open Space District: City High Open Space District File Date: October 15, 2009 (Legal papers must be filed to complete application) BACKGROUND INFORMATION: The applicant has requested a re -subdivision of two properties located on East Jefferson and East Washington Streets that would result in two new lots. Lot 1, a 2.33 acre lot, would contain the existing house and maintain the required 60-foot lot width along East Washington Street and have vehicle access provided along an existing private drive (Ruliffson Drive). The second lot, designated as Outlot A (private open space) would combine a .21 acre lot fronting on Jefferson Street with 1.38 acres of land that is currently part of the Washington Street property. This outlot would have frontage along Jefferson Street. 2 ANALYSIS: Zoning and Sensitive Areas: The zoning code allows development of this property for single- family uses. The applicant is proposing two lots: Lot 1 containing the existing house, and Outlot A for private open space. If the property designated as outlot was instead proposed as a developable lot, it would be subject to the sensitive areas ordinance, which would trigger a sensitive areas site plan. However, because the lot has been designated as an outlot, it is not considered developable and is not required to go through this level of review as part of this subdivision review. However, if the owner, or a future owner, of the outlot decides to develop the open space property, a new subdivision would be required in order to change the lot designation. At that point a sensitive areas development plan would be required for the site. Both lots contain sensitive features, including wooded wetlands, floodway and floodplain. The Johnson County Soil and Water Conservation District (JCSW) has submitted a letter concerning the development potential of this property (see attached). JCSW advises that no or minimal development and/or structures be allowed in the floodplain and that the soil in this area is susceptible to erosion and not appropriate for development. The letter also notes that these woodlands may provide habitat for an endangered species —the Indiana Bat. Because the outlot is located almost entirely in the floodway, its development potential is extremely limited. Access: The proposed subdivision divides the land so that each lot has property on both sides of the Ralston Creek. The stream banks along the northern branch of the creek are quite deep and steep and therefore not easily crossable. In order for both property owners to be able to maintain their land, staff recommends access easements such that the owner of Outlot A can access land south of the creek from a portion of Lot 1 west of the private drive, and so that the owner of Lot 1 can access land north of the creek from Outlot A along Jefferson Street. The current plat does not provide such easements. The easements should also be included in the legal documents for the subdivision. Compliance with Comprehensive Plan: The Comprehensive Plan encourages acquisition of stream banks and floodplains of Ralston Creek for incorporation into the public open space system. Because there is a deficit of public open space in the Central Planning District, and because land along the creek is desired as public open space or for trail connections, the Central District Plan identifies this area as potential public open space. Approval of this subdivision will not preclude the future purchase of this property if the Parks and Recreation Commission wishes to acquire it. Compatibility with neighborhood: Because the applicant is not proposing any new development at this time, the subdivision is considered compatible with the neighborhood. Neighborhood parkland or fees in lieu of: Based on the Neighborhood Open Space Ordinance, the dedication requirement is approximately 0.085 acres (3,703 square feet). Although Outlot A is proposed as open space, its intended use is not for the surrounding property owners or neighborhood. Because there are no public parks or trail system in this vicinity the dedication of such a small area of parkland would not be appropriate, therefore staff recommends fees in lieu of land dedication. The Parks and Recreation Commission will review the subdivision. 3 STAFF RECOMMENDATION: Staff recommends that this application be deferred until the deficiencies and discrepancies are addressed. Upon correction of deficiencies and discrepancies staff recommends approval of SUB09-00009 . DEFICIENCIES AND DISCREPANCIES: 1. Legal papers must be submitted. 2. Access easements should be in place such that the owner of Outlot A can access land south of Ralston Creek from a portion of Lot 1 west of the private drive, and so that the owner of Lot 1 can access land north of the creek from Outlot A along Jefferson Street. ATTACHMENTS: 1. Location Map 2. Plat 3. Correspondence Approved by: / — `-ru4et-,ov Robert Miklo, Senior Planner, Department of Planning and Community Development ppdad mi n\stfrep\temp) ate.doc Ki a NQ 'MIHS'VM cn 0 c� z_ Johnson Countv Soil & Water Conservation District 51 Escort Lane Telephone (319) 337-2322 Iowa City, IA 52240-8612 Fax (319) 351-2997 Email jcswcd@wahoo.com Website www.jcswcd.org 10/26/09 City of Iowa City Planning & Community Development 410 E. Washington St. Iowa City, IA 52240 ATTN: Bob Miklo Dear Mr. Miklo, In the following letter are Johnson County SWCD comments regarding the Hunter's Hideaway, First Addition. These comments will assist with potential environmental impacts to avoid, resulting from the proposed project. Hunter's Hideaway is located in the floodplain. It is advised that no or minimal development and/or structures be allowed in the floodplain. Structures are not suitable for this particular soil type and should be limited. The Johnson County Soil Survey indicates soils for this area are associated with small streams and drainage ways, this soil is subject to flooding (11 B Colo -Ely). There are also two soils on site that consist of excessive slopes and are subject to moderate erosion. (163C & 163D2 Fayette & Downs Silt Loam) Some other considerations: 1. USFWS may need to be contacted before any tree removal, due to potential critical habitat for the endangered species, Indiana Bat. 2. The project may have potential archaeological sites. 3. Are sewer utilities available on site or will landowners need separate septic's or updates? Maybe the Health Department may be of assistance. Please contact me by the below information for any questions. Sincerely, Kate Giannini Soil & Water Conservationist/Volunteer Coordinator Johnson County Soil and Water Conservation District 51 Escort Lane Iowa City, IA 52240 319-337-2322 ext. 3 319-351-2997 fax Kate.Giannini@ia.nacdnet.net MISSION: To clear our water by treating every acre with respect All USDA programs and services are offered on a non-discriminatory basis, without regard to race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (JV r.4 �7 L, O O F U F— 10 t 3z x LL gS Z B Ws - FZZ- f�. y �n oyy =O }U J ! Wt� :dam a N F_Z N a o w c co 0 LU U- = LL 0 0711 111 1 11 F O E- ayb� H� E INS MR III log -----------------------------------------ff ®� Ass sip 1 6 I -a --91onNd -- I