HomeMy WebLinkAbout10-17-2013 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION
Thursday, October 17, 2013 - 7:00 PM
Formal Meeting
Iowa City City Hall
Emma J. Harvat Hall
410 E. Washington Street
AGENDA:
A. Call to Order
B. Roll Call
C. Public Discussion of Any Item Not on the Agenda
D. Annexation I Zoning Items:
1. Discussion of an application submitted by Iowa City Community School District for an annexation of
44.85-acres and rezoning from County Residential (R) zone to Neighborhood Public (P-1) zone for
approximately 15.78-acres and to Interim Development (ID) zone for approximately 29.07-acres of
property located on Sycamore Street south of the current city limits. (ANN 1 3-00002/REZ1 3-00023)
2. Discussion of an application submitted by Iowa City Community School District for an annexation
and rezoning from County Agriculture (A) zone to Neighborhood Public (P-1) zone for approximately
15.14-acres of property located on Barrington Road and American Legion Road.
(ANN 1 3-00003/REZ1 3-00025)
E. Consideration of Meeting Minutes: October 3, 2013
F. Other
G. Adjournment
Upcoming Planning & Zoning Commission Meetings
Formal: November 7 / November 21 / December 5
Informal: Scheduled as needed.
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Robert Miklo
Bailee McClellan, Planning Intern
Item: ANN 13-00002 and REZ1 3-00023 Date: October 17, 2013
School District — Sycamore
GENERAL INFORMATION:
Applicant: Iowa City Community School District
1725 North Dodge Street
Iowa City, Iowa 52246
Contact Person: Craig Hansel, CFO
Iowa City Community School District
1725 North Dodge Street
Iowa City, Iowa 52246
hansel. craig@iccsd. k1 2. ia. us
319-688-1000
Requested Action: Annexation and rezoning
Purpose: To annex 44.85 acres south of city limits and
to re -zone 29.07 acres of the property from
County Residential (R) to Interim Development
(ID) and 15.78 acres of the property to
Neighborhood Public (P-1)
Location: West of Sycamore Street and south of the
Iowa City corporate limits
Size:
Approximately 44.85 acres
Existing Land Use and Zoning:
County Residential (R)
Surrounding Land Use and Zoning:
North: Residential (RS-8)
South: County Residential (R)
East: County Residential (R) and County
Multifamily Residential (RMF)
West: County Residential (R)
Comprehensive Plan:
South District Plan - Residential, Public,
Neighborhood Commercial
File Date:
September 9, 2013
BACKGROUND INFORMATION:
The Iowa City Community School Uistrict with trie consent of the owner, Prospect Farms, has
requested the annexation of approximately 44.85 acres west of Sycamore Street and south of the
Iowa City corporate limits. An elementary school is proposed for the southern portion of the
and
property that will meet the needs of the growing population and overcrowding of schools. The
applicant has requested that the remaining portion of the property be zoned Interim Development
Single Family Residential (ID-RS).
The property is currently zoned County Residential (R) and is farmed. There are not buildings on
the property.
ANALYSIS
Annexation
The Comprehensive Plan has established a growth policy to guide the decisions regarding
annexations. The annexation policy states that annexations are to occur primarily through
voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be
reviewed under the following three criteria. The Comprehensive Plan states that voluntary
annexation requests should be viewed positively when the following conditions exist.
1. The area under consideration falls within the adopted long-range planning boundary.
A general growth area limit is illustrated in the Comprehensive Plan and on the Citys
Zoning Map. The subject property is located adjacent to the city's corporate limits and
within the city's long-range planning boundary. The boundary is located approximately
mile south of the subject property.
2. Development in the area proposed for annexation will fuffill an identified need without
imposing an undue burden on the City.
Development continues to occur in the South District and the current schools are not able
to meet the needs of a growing population. The Comprehensive Plan- South District Plan
indicates that the subject property is an appropriate site for an elementary school.
Sycamore Street will need to be improved to City standards to accommodate traffic that
will be generated from a school. The improvement of Sycamore Street has been identified
as a needed project in the City's Capital Improvement Program (CIP) but currently is not in
a funded year. As the City Council prepares the next budget, staff will recommend that
Sycamore Street be moved to a funded year to accommodate the proposed school and
development in south Iowa City.
A sanitary trunk line is located adjacent to the west side of the proposed school site.
There is a water line in the Sycamore Street right-of-way.
Based on residential growth and school capacity, the availability of utilities to serve this
property and plans to improve Sycamore Street, staff finds that the proposed annexation
will fulfill an identified community need without imposing undue burden on the City.
3. Control of the development is in the City's best interest
The property is within the Long -Range Planning boundary and abuts the City's corporate
limits. It is appropriate that institutions that are the size of the proposed school be located
within the city so that they may be served by municipal Fire, Police, water and sanitary
sewer service. Annexation will allow the City to provide these services and will allow the
City to control zoning and development of the adjacent property to the north so that it is
compatible with the Comprehensive Plan.
For the reasons stated above, staff recommends approval of the requested annexation.
Rezoning
Compliance with the Comprehensive Plan: The Comprehensive vian future lana-use map shows
the proposed school site as appropriate for a large institutional use, such as a school. The area
near the proposed intersection of McCollister Boulevard and Sycamore Street is shown as being
appropriate for a small neighborhood commercial center and a public park transitioning to a mix of
housing types and then transitioning into single family residential development. The applicant has
requested that the northern 29.07 acres of the annexation property be rezoned from County
Residential (R) to Interim Development Single Family Residential (ID-RS). The Interim
Development zone is appropriate for undeveloped areas until the city is able to provide city
services and a more detailed zoning plan is developed consistent with the Comprehensive Plan.
The applicant has also requested that the southern 15.78 acres of the annexation property be
rezoned from County Residential (R) to Neighborhood Public (P-1). Public zones are appropriate
for schools and other civic buildings owned by the County, the City, or the Iowa City Community
School District. The Comprehensive Plan shows neighborhood public zoning as appropriate for
this area.
Staff finds that the proposed zoning designations are in compliance with the Comprehensive Plan.
Street Infrastructure: To provide access to the proposed school, road conditions on Sycamore
Street, an arterial street through the South District, will need to be improved. The street is
currently built to city standards within the City corporate limits. Staff recommends upgrading
Sycamore Street to meet city standards to the point where the street curves to the west near the
south side of the subject property. McCollister Boulevard, another arterial street, will be developed
through the northern portion of the property in the future. As noted, staff will recommend to the
City Council that the improvement of Sycamore Street be moved to a funded year within the CIP.
The proposed school site will not have direct access to Sycamore Street. A new east west street
will be built on the north side of the proposed school site.
Sensitive Areas: The Sensitive Areas map indications the presence of hydric soils on portions of
this property. Hydric soils may indicate the potential for wetlands and/or a high water table. Prior
to development the applicant will need to verify that there are no jurisdiction wetlands regulated by
the Army Corp of Engineers and the City's Sensitive Areas requirements. The applicant will also
want to consider the soil conditions and water table when planning for construction on the
property. There do not appear to be any other sensitive features present on the property.
STAFF RECOMMENDATION:
Staff recommends approval of ANN13-00002 and REZ13-00023, annexation of approximately
44.85-acres and a rezoning from County Residential (R) zone to Neighborhood Public (P-1) zone
for approximately 15.78-acres and to Interim Development Single Family (ID-RS) zone for
approximately 29.07-acres of property located on the west side of Sycamore Street.
ATTACHMENTS:
1. Location Map
2. Zoning Exhibit
Approved by: /V 7r-
John Yapp, Department of Planning and Community Development
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To: Planning and Zoning Commission
Item: ANN13-00003 and REZ13-00025
School District —American Legion Road
GENERAL INFORMATION:
Applicant:
Contact Person:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
BACKGROUND INFORMATION:
STAFF REPORT
Prepared by: Robert Miklo and
Bailee McClellan, Planning Intem
Date: October 17, 2013
Iowa City Community School District
1725 North Dodge Street
Iowa City, Iowa 52246
Craig Hansel, CFO
Iowa City Community School District
1725 North Dodge Street
Iowa City, Iowa 52246
hansel.craig@iccsd.kl2.ia.us
31 "88-1000
Annexation and rezoning
To annex 15.14 acres of land and rezone the
property from County Residential (R) to
Neighborhood Public (P-1)
South of American Legion Road and
Barrington Road
Approximately 15.14 acres
County Residential (R)
North: Park and Residential - (P-1) and (RS-5)
South: Agricultural - County Residential (R)
East: Agricultural - County Residential (R)
West: Agricultural - County Residential (R)
Southeast District Public open space and residential
October 4, 2013
The Iowa City Community School District, with the consent of the property owners, Steve and
Julie Lacina, has requested the annexation of approximately 15.14 acres south of American
Legion Road and Barrington Road. An elementary school is proposed for the property that will
meet the needs of the growing population of the east side of Iowa City.
Barrington Road will be extended south form American Legion Road along the eastern boundary
to provide vehicular access to the property. The initial application did not include the annexation
2
of the proposed right-of-way for Barrington Road. The applicant has agreed to add Barrington
Road to the application to assure that it is built as a City street and receives City maintenance.
The property is currently zoned County Residential and is used for row crops. There are no
buildings on the property.
ANALYSIS:
Annexation
The Comprehensive Plan has established a growth policy to guide the decisions regarding
annexations. The annexation policy states that annexations are to occur primarily through
voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be
reviewed under the following three criteria. The Comprehensive Plan states that voluntary
annexation requests should be viewed positively when the following conditions exist.
1 . The area under consideration falls within the adopted long-range planning boundary.
A general growth area limit is illustrated in the Comprehensive Plan and on the City's
Zoning Map. The subject property is located adjacent to the city's corporate limit and within
the city's long-range planning boundary. The boundary is located approximately % mile
east of the Taft Avenue and approximately 3/8 of mile east of the subject property.
2. Development in the area proposed for annexation will fulfill an identified need without
imposing an undue burden on the City.
Development continues to occur in the Southeast District and the current schools are not
able to meet the needs of a growing population. The Comprehensive Plan, Southeast
District Plan, recognizes the proposed greenway along Snyder Creek is an appropriate
location for an elementary school which will help alleviate overcrowding and improve the
quality of neighborhood development in the Southeast District.
American Legion Road will need to be improved to City standards to accommodate traffic
that will be generated from a school and adjacent residential development. The
improvement of American Legion Road has been identified as a needed project in the
City's Capital Improvement Program (CIP). Currently sanitary sewer service can be
provided via a lift station located near American Legion Road and Barrington Road. In the
long run sanitary sewer service will be provided by a trunk line that will be built along
Snyder Creek. Water lines area available on American Legion Road to be extended to the
school site.
Based on residential growth and school capacity, the availability of utilities to serve this
property and the already planned improvement of American Legion Road, staff finds that
the proposed annexation will fulfill an identified community need without imposing undue
burden on the City.
3. Control of the development is in the City's best interest
The property is within the Long -Range Planning boundary and abuts the City's corporate
limits. It is appropriate that institutions the size of the proposed school be located within
the city so that they may be served by municipal Fire, Police, water and sanitary sewer
service. Annexation will allow the City to provide these services and assure that
infrastructure meets City standards.
For the reasons stated above, staff finds that the proposed annexation complies with the
annexation policy.
3
Rezoning
Compliance with the Comprehensive Plan: Pages 17 — 25 of the Southeast District Plan, discuss
the Eastside Growth area in which this property is located. Essentially the plan calls for residential
development south of American Legion Road, with a wide greenway along Snyder Creek to
provide a park and recreational area as well as a buffer for industrial and employment centers
along the Iowa Interstate Railroad located to the south.
On page 18 the plan states, "A sustainable neighborhood is made up of more than just homes.
Workshop participants agreed that it is important to identify appropriate locations for institutions
that serve the neighborhood, such as schools, churches, and daycare centers, and that these
locations should be easily accessible by car, on foot or on bicycle. The City should work closely
with the school district to monitor enrollment and capacity at area elementary schools and plan
for and identify appropriate locations for new elementary schools that will be centrally located
within neighborhoods rather than in isolated locations that would discourage walking and biking.
In addition, locating schools near neighborhood destinations such as parks, trails, or other
institutions, creates opportunities for sharing resources and facilities and may create unique
and innovative leaming environments for students and for the community at large. While a
specific site for a future elementary school has not been identified, several locations that may
be suitable are noted on the plan map. Note the proximity of these sites to the central collector
street and the park. Any of these locations would also be suitable for other neighborhood
institutions, such as churches and daycare centers."
Although this property was not specifically designated as a school site within the plan, Staff
believes that is appropriate given the criteria for the location of a school established in the
Southeast District Plan and the proposed zoning of Neighborhood Public (P-1) complies with the
intent of the plan.
Street Infrastructure: To provide access to the proposed school, American Legion Road, an
arterial street through the Southeast District, will need to be improved. The street is currently in
better condition than Sycamore Street, which is the arterial street to another proposed school site
in the South District, but conditions on American Legion Road still require upgrading; staff
recommends upgrading American Legion Road to meet city standards. As noted, improvements
to American Legion Road will be funded by the CIP.
Driveway access to the school will not be directly onto American Legion Road, but via Barrington
Road which will be built along the east boundary of the school property. Once built, Barrington
Road will also be available for residential development when the property to the east is annexed
into the city.
Sensitive Areas: The Sensitive Areas map indications the presence of hydric soils on the western
portion of this property. Hydric soils may indicate the potential for wetlands and/or a high water
table. Prior to development the applicant will need to verify that there are no jurisdiction wetlands
regulated by the Army Corp of Engineers and the City's Sensitive Areas requirements. The
applicant will also want to consider the soil conditions and water table when planning for
construction on the property. There do not appear to be any other sensitive features present on
the property.
STAFF RECOMMENDATION
Staff recommends approval Of ANN13-UUUU3 ana REZ13-00025, annexation of approximately
15.14 -acres and a rezoning from County Residential (R) zone to Neighborhood Public (P-1) zone
located south of American Legion Road and Barrington Road, subject to the inclusion of the
Barrington Road right-of-way in the annexation request.
ATTACHMENTS:
1. Location Map
2. Annexation Exhibit
Approved by:
John Yapp
Department of Planning and Community Development
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PLANNING AND ZONING COMMISSION PRELIMINARY
OCTOBER 3,— 7:00 PM — FORMAL
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Phoebe Martin, Paula Swygard,
Jodie Theobald, John Thomas
MEMBERS ABSENT: Anne Freerks
STAFF PRESENT: Bob Miklo, Ballee McClellan, Sarah Greenwood Hektoen
OTHERS PRESENT: Joe Assouline, John Moreland, Jr., Sara Cross, Laura
Aschenbrenner, Florence Stockman
RECOMMENDATIONS TO CITY COUNCIL:
1. The Commission voted 6-0 to recommend approval of REZ13-00024/SUB13-00018, an
application submitted by The Crossing Development LC for a rezoning of 3.77-acres
from Interim Development Single Family (ID-RS) zone to Planned Development
Overlay -Low Density Single Family (OPD-5) zone and an application submitted by
Southgate Development Services LLC for a preliminary plat of Cardinal Ridge Part 4,
a 24-lot, 8.48 acre residential subdivision located on Camp Cardinal Road subject to
the resolution of the location of the mailbox clusters.
2. The Commission voted 6-0 to recommend approval of SUB13-00019 an application
submitted by Arlington LC for a preliminary plat of Windsor West Part 3, a 24-10t,
12.38 acre residential subdivision located at Buckingham Lane and Sherwood Drive,
north of American Legion Road.
3. The Commission voted 6-0 to recommend approval of SUB13-00020, a preliminary
plat of Stone Bridge Estates Parts 8 and 9, a 49-lot, 18.22 acre residential subdivision
north of Court Street and south of Lower West Branch Road along extensions of
Colchester Drive and Chadwick and Eversoll Lanes pending approval from the City
Engineer.
CALL TO ORDER:
The meeting was called to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
Rezoning / Development Item
REZ13-00024/SUB13-00018: Discussion of an application submitted by The Crossing
Development LC for a rezoning of 3.77-acres from Interim Development Single Family (ID-
RS) zone to Planned Development Overlay — Low Density Single Family (OPD-5) zone and
an application submitted by Southgate Development Services LLC for a preliminary plat
of Cardinal Ridge Part 4, a 24-lot, 8.48 acre residential subdivision located on Camp
Cardinal Road.
Miklo said the plan is to extend the street on the subject property to connect the north and south
Planning and Zoning Commission
October 3, 2013 - Formal
Page 2 of 9
sections of Camp Cardinal Road near Kennedy Parkway. He said the western part of the
subdivision does require rezoning from ID-RS to OPD-5. He said the Comprehensive Plan does
show this area as appropriate for low -density single family with two to eight dwelling units per
acre. He said the bulk of the neighborhood to the east is zoned RS-5 with a Planned
Development Overlay so the proposed zoning would be compatible with that. He said the
subdivision design would be very similar to the existing parts of the Cardinal Ridge Subdivision.
Miklo said a Sensitive Areas Plan is required because there are critical slopes in the property.
He said virtually all of the trees on the property would have to be removed to allow the street to
go through. He said there are not enough trees to qualify as woodland, and so they can't be
protected by the Sensitive Areas Ordinance. He said there is an extensive amount of woodland
being preserved in the larger neighborhood.
Mlklo said there is one aspect of the subdivision that does not comply with the City's regulations
that require mailbox clusters be located so that no lot is more than six -hundred feet from a
mailbox cluster. He said where the developer proposes to place the mailboxes for the subject
subdivision would be far in excess of six -hundred feet for the southern lots. He said staff will be
meeting with the post office to try and work out the problem. Miklo said staff recommends
approval of the application subject to that being resolved before this goes to Council. Miklo
showed some photographs of the area.
Eastham asked what Council would receive if the Commission passed this along without the
issue of mailbox clusters resolved. Miklo said the mailbox clusters would need to be shown as
an outlot near the center of the subdivision or they could put a cluster to the north and one to
the south. He said if they can't come to an agreement with the post office the applicant could go
to the Council and seek a variance from the standards. Miklo pointed out that this is a rezoning,
and the Councils vote on the subdivision won't occur until the third reading of the rezoning
orldinance. He said the option staff favors is getting the ordinance changed.
Eastham asked if the post office can refuse to deliver mail to mail boxes that don't meet the
ordinance requirements. Miklo said that's something to be discussed with the post office.
Thomas asked if the mail boxes would be along Kennedy Parkway. Mlklo said the mailboxes as
proposed would be on Eagle Place which is off of Camp Cardinal Road north of Kennedy
Parkway. Thomas said he thought that having to cross Kennedy Parkway would be something
of an inconvenience. Miklo said that will increase the likelihood that people will drive to get their
mail.
Eastham opened public discussion.
Glenn Siders; with Southgate Development bervices said he is representing both the applicant
for the rezoning and the development. He said once the post office and the City come to an
agreement, the applicant will figure out how to accommodate that. He said the post office has a
number of concerns, one of which is that this will be a fairly steep road, comparable to Benton
Street in grade. He said the post office has additional regulations that they need to consider.
Siders said he would like the Commission to recommend approval pending the resolution of the
mail box issue.
Joe Assouline of 814 Camp Cardinal Road said when they purchased their lot they were told
there would be some preservation of the land around that and were presented with the idea that
there would be some prairie. He said there are several hundred trees that are to be removed.
He said there is a very, very steep ravine nearby, and he has had rain erosion close to his
house a number of times. He said he's very concerned about removing these trees which are
Planning and Zoning Commission
October 3, 2013 - Formal
Page 3 of 9
probably holding up some of the land around the ravine. He said he knows a road is planned,
but that could easily be worked out so some of the trees could be maintained as opposed to
adding hundreds of habitations. He said it's getting crowded with the new school and clinic with
only one road in and out. He said the new road has a very steep exit on the other side. He said
they are increasing the traffic, removing the trees and not really looking at the environment. He
said for those who live there, they have a much bigger problem than the mailboxes, and it
should be addressed by the Council.
Eastham closed public discussion.
Thomas moved to recommend approval of REZ13-00024/SUB13-00018 subject to the
resolution of the location of the mailbox clusters.
Swygard seconded.
Thomas said this project seems to be consistent with the Comprehensive Plan and the question
of neighborhood compatibility has been addressed as well as the issues of the environmentally
sensitive areas. He said he will approve the project because it's in accordance with those
ordinances as they now stand.
Swygard said she sees nothing in staff report to indicate concerns by City Engineers about run-
off so she will support it.
Eastham asked Miklo if he has additional comments about storm water run-off caused by
installing the street as well as the homes and whether or not removing the vegetation where the
road will have to go would increase run-off on existing properties. Miklo said when the original
subdivision for the larger development was reviewed, overall concept for storm water
management was examined closely by the City Engineer and was found satisfactory. He said
with this new addition they also looked at the additional lots and are satisfied with the proposal.
He said there will be more detailed storm water plans at the time of final plat approval. Miklo
said in terms of affecting the adjacent properties it should have minimal if any effect given that
there's a ravine that's between those properties.
Theobald said she hoped the solution to the mailbox issue does not involve crossing Kennedy
Parkway due to the traffic that goes through there. She asked if there's a way for them to be
located on the other side of the parkway. Miklo said it could be subject to the post office
approval but the postal representative he spoke to said they had concerns about a mail truck
stopping on such a steep slope.
Eastham asked if one solution would be to have two clusters. Miklo said that was true, but the
post office has been trying to get fewer stops.
Dyer asked when part of a subdivision is finished and people experience erosion from run-off
that the engineers didn't think would happen, does anyone go back and look before the next
part is done. Miklo said there could be a number of reasons for erosion on a private property
that have nothing to do with the subdivision design. He said that grading of the private lot is
usually the responsibility of the contractor who built the house.
Eastham said that anyone who has continued concerns about run-off can contact staff and raise
those concerns when this item is brought to the Council for rezoning and preliminary plat
approval.
A vote was taken and the motion carried 6-0.
Planning and Zoning Commission
October 3, 2013 - Formal
Page 4 of 9
Development Items:
SUB13-00019: Discussion of an application submitted by Arlington LC for a preliminary
plat of Windsor West Part 3, a 24-lot, 12.38 acre residential subdivision located at
Buckingham Lane and Sherwood Drive, north of American Legion Road.
Miklo showed a map of the subject property and a photograph of the original subdivision as
approved in 2005. He said Parts One and Two were final platted at that time, while Part Three
expired. He said the plan is to go forward with a very similar design to the one that was
proposed in 2005. He said Buckingham and Cumberland would connect to the adjacent
subdivision. He said the Commission received smalls from concerned residents on Cumberland
about this connection, and said this connection has always been shown on the recorded plats
as connecting. He said there are two other connections designed into the plat to allow better
emergency vehicle access and to provide more efficient snow removal and garbage services
and to allow better circulation in the neighborhood so the residents in the east end of
Cumberland don't have all the traffic passing in front of them. He said it would also cut down on
vehicle trips and doubling back to get to the other side of the subdivision.
Miklo said there is a neighborhood open space requirement that's being partially fulfilled with a
trail connection to the park to the northwest but there would also be neighborhood open space
and infrastructure fees required.
Miklo said they received some late comments from the City Engineers who identified some
technical corrections needed to the plat, but other than that it is in order for approval and so staff
recommends approval subject to the City Engineers signing off on it before it goes to Council.
Swygard asked if they are also requesting a reduction in the sidewalks. Miklo said that is
detailed in a previous staff report regarding sidewalk standards that were changed after Parts
One and Two were completed, and in the interest of continuity, staff recommends using the
same pre -change standards.
Eastham said that some of the emails claimed there are currently marketing statements
indicating that the Cumberland cul-de-sac is to be permanent. He said he has seen such
situations in many other cases before the Commission and asks again if there is anything the
City can do to encourage more candid marketing on the part of the developers. Miklo replied
that in some subdivisions we have required that stubs streets be marked with signage indicating
the street is intended to be extended. He said with this subdivision it's been a matter of public
record.
Eastham opened public discussion
John Moreland, the developer, said they have always intended for Cumberland to be connected
because the City required that. He said he has never represented that street in any other way.
Eastham corrected himself and said he was actually intended to not refer to developers, but to
people who are representing homes for sale.
Sara Cross of Cumberland Lane said there's a long-standing sign on the street that advertises
'.quiet cul-de-sac." She said a number of the neighbors were misled to believe that it would
always be a cul-de-sac. She said she understands the reasons to connect the street, but said
there has never seen any problems with snow or garbage removal. She said she and neighbors
would like to know if it is absolutely necessary to make it a through street, because many of
them bought thinking it would always be a cul-de-sac.
Planning and Zoning Commission
October 3, 2013 - Formal
Page 5 of 9
Laura Aschenbrenner 4246 Cumberland Lane seconded the request made by Cross. She said
she would like to know why the City needs that connection. She likes the quiet on the cul-de-
sac. She said the people on the street would gladly take the inconvenience of doubling back
over having it as a through street.
Miklo said there is an ordinance that says a cul-de-sac or dead-end street can't be more than
900 feet long for emergency access, He said for garbage and snow removal, it's more efficient
when the street connects. He said the more people have to double back or drive the more
carbon fuel is released. He said the amount of traffic on Cumberland with this connection should
not increase, and once the connection is made, it's unlikely that there will be much traffic
beyond the people who live on Cumberland.
Eastham closed public hearing.
Dyer moved to recommend approval of application SUB13-00019.
Martin seconded.
Martin said she would like to address the concerns of apparent misrepresentation. She said she
wished that the status of the street connection had not been misrepresented so they wouldn't
have to have this conversation here and could deal with the zoning and subdivision design, not
the fact that people think they were misled to begin with. She said that if there was
misrepresentation that could be reported to the Board of Realtors. She said this subdivision has
been in the works for some time. She likes the idea of a sign at the end of a street that is
stubbed and would raise a red flag when someone is looking at properties.
Greenwood Hektoen noted that when property is final platted and recorded, a note will show up
in the owners abstract identifying temporary cul-de-sac. She said preliminary plats are not
recorded and especially those for adjacent subdivisions wouldn't show up in an abstract. She
said how careful the attorney is in doing the title search for a property is one way to find out
about the purpose of outlots or where roads are going to lead to.
Eastham said he's been on the Commission long enough to hear this same story too often —
that the buyers were not informed. He said there may have been information available at the
times homes were purchased but whether or not it's reasonable to expect people to go through
all the contingencies that are possible when you buy a home and what's going to happen in your
surrounding area is another question.
Swygard said it would have been beneficial for the applicant to have used the Good Neighbor
Policy and maybe explore some of these issues and perhaps explain to neighborhood
representatives. She said she wants to encourage the use of that. She said she thinks it's a
good solution in this area to conform to the sidewalk width that is already in place on
surrounding streets.
Theobald said she liked Swygard's comment about the Good Neighbor Policy. She said the cul-
de-sac was clearly meant to go through. She said she's lived on a cul-de-sac, and looking back
on it she thinks that having two accesses might out down on some of the traffic for those living
on the eastern portion of the street.
Thomas added that this is his first experience with misrepresentation, and that clearly needs to
be addressed, He said one of his concerns with a connection would be whether it would
increase traffic speeds, and he said based on the roadway alignment it doesn't look like that
would be an issue. He noted that, as Miklo said, the traffic would mainly be from those who live
Planning and Zoning Commission
October 3, 2013 - Formal
Page 6 of 9
on the street. He said he's mainly concerned by the misrepresentation issue
Eastham said everyone is welcome to attend the Council meeting when this will be considered
by the Council, and if the public may hear things there that were not brought up tonight. He said
this is not his first experience hearing stories about misrepresentation in terms of what
information they were given when they purchased a home or rented. He said he's not blaming
realtors or anyone else, but he thinks it's an unfortunate situation,
Eastham said connecting Cumberland is both called for by the current ordinances and is also'
good policy for all the reasons that have been discussed. He said he doesn't think the people
living on the most westerly part of Cumberland will experience much of an increase in traffic. He
said it's reasonable to accept that slight increase in traffic in order to attain the benefits of street
connections that have previously been cited here. Eastham said there are studies that show that
if street design policy were to have every street as a cul-de-sac that connects to an artedal and
then nowhere, that kind of design of not connecting doesn't lead to good things.
A vote was taken and the motion carried 6-0.
SUB13-00020: Discussion of an application submitted by Arlington LC for a preliminary
plat of Stone Bridge Parts 8 and 9, a 49-lot, 18.22 acre residential subdivision located at
Chadwick Lane and Thames Drive, south of Lower West Branch Road.
Miklo said this is the last two parts of the Stone Bridge Estates Subdivision. The overall
subdivision was approved a number of years ago, but the preliminary plat has expired, so the
applicant is seeking reapproval. He said some infrastructure fees agreed to in the Conditional
Zoning Agreement (CZA) will apply and will need to be addressed at final plat approval. He said
City Engineers found some minor technical items that will need to be corrected before this goes
on to Council. He said staff is recommending approval subject to the City Engineers' approval.
Eastham opened public discussion
John Moreland, the developer, said they let it expire because of the bad housing market 2008-
2012.
Florence Stoekman of 132 Eversoll Lane said she's on the homeowners' board, and they are
supportive of this moving forward. She said with this development Chadwick Lane will go out
onto Lower West Branch Road. She said there's a lot of traffic in that area. She said the trail will
be totally connected when Parts 8 and 9 are completed. She said the only downside is that the
homeowners' association is struggling to manage that buffer area where the trail is. She said
people buying in the area where the trail will go in had been told to treat that as their back yard.
She said maybe they need signage to delineate between public and private property. She said
otherwise, this is a very positive thing.
Martin asked if Stoekman was talking about Colchester Drive. Stoekman said she was.
Eastham asked for clarification. Martin said she's talking about people living on Colchester Drive
using the stream buffer space as their own yard. Stoekman said right now it appears as if it is a
back yard, because the trail runs along the other side of the creek, but will cross over
eventually. She said the association doesn't know how to get out plantings people have put in
the public area.
Eastham closed public discussion.
Planning and Zoning Commission
October 3, 2013 - Formal
Page 7 of 9
Thomas moved to recommend approval of SUB13-00020, a preliminary plat of Stone
Bridge Estates Parts 8 and 9, a 49-lot, 18.22 acre residential subdivision north of Court
Street and south of Lower West Branch Road along extensions of Colchester Drive and
Chadwick and Eversoll Lanes pending approval from the City Engineer.
Thoobald seconded.
Thomas said this one seems pretty straightforward. He said he's interested to hear the concerns
about Outlot C, and with his background in public space, it's something that's always concerned
him. He said from the preliminary plat he can see how the properties on both sides of the public
space might want to encroach into it. He said it's something that needs addressed. Thomas
asked if there were design standards.
Miklo said he thinks that once a trail is in and it's clearly public land, or open space controlled by
the home owners, association that helps. He said some communities have signs put up, and
that's a standard they could explore for future subdivisions.
Greenwood-Hektoen said that prior to acceptance of an outlot, Public Works does an
inspection, and if they see intrusions, they won't accept it until those intrusions are removed.
Miklo said Outlot B will be public, and the City will take that over but the homeowners'
association manages the rest of the stream buffer.
Eastham asked if the homeowners' association has an obligation to manage inadvertent usage.
Greenwood Hektoen said from the City's perspective it is the association's obligation to maintain
their boundaries. She said it would be the association's responsibility to remedy any problems
that may arise from private use of public property.
Eastham asked if they would have to bear the expense if there were legal challenges.
Greenwood Hektoen said ultimately they could seek remedy from the private property owner,
but the City would hold the association accountable.
Eastham said it's not clear that the path they've been taking in terms of allowing, requiring or
facilitating private maintenance of a publically used space is going to work out well in the long -
run. He said he's at a loss to figure out how to deal with this.
Miklo said the City has struggled with this as well. He said it's difficult for the City, given their
fiscal constraints, to take on more public ownership and maintenance. He said the alternative to
the homeowners' association would be to divide it into individual lots and the access by others
in the subdivision is lost and the ability to connect the subdivision with trails and greenways is
also sacrificed.
Eastham said he understands that the individual ownership idea is not a good situation.
Theobald said she was excited to see all this building in this area.
Eastham said he does think this is a good step to this developing community and the east side
of town and commends the developer in persisting in this. He said managing the public part of
the trail space doesn't take away from all the advantages of having additional homes built here.
A vote was taken and the motion carried 6-0.
Planning and Zoning Commission
October 3, 2013 - Formal
Page 8 of 9
Consideration of Meeting Minutes: September 19, 2013
Martin moved to approve minutes.
Swygard seconded.
A vote was taken and the motion carried 6-0.
OTHER
Eastham reported that he attended the last City Council meeting, where a resident of the Miller
Orchard Neighborhood gave a presentation and reported that the development along Riverside
Drive is really not helping the neighborhood. He asked if there was any remedy for abandoned
business sites that are essentially a concrete slab and dirt parking lot.
Miklo reported that there are some development negotiations in the works for some of the more
egregious sites.
Swygard said there had been some interest by some Council members as a result of that
presentation.
ADJOURNMENT:
Martin moved to adjourn.
Swygard seconded.
The meeting was adjourned on a 6-0 vote.
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