Planning and Zoning Commission

CITY OF WEST BURLINGTON Planning and Zoning Commission Meeting Thursday, January 7, 2021 - 5:30 PM West Burlington City Hall 122 Broadway Street TENTATIVE AGENDA CALL TO ORDER ROLL CALL PERFECTING & APPROVAL OF AGENDA NEW BUSINESS 1. Consider appointing Chairman for 2021 2. Consider appointing Vice-Chairman for 2021 3. Approve Minutes from June 24, 2020 Minutes 062420 4. Consider Final Plat for West Burlington Industrial Park Subdivision City Admin Memo Final Plat - West Burlington Industrial Park Subdivision Site View - Proposed WB Industrial Park Subdivision OLD BUSINESS ADJOURN Page 1 of 10 Agenda Item #3. Regular Planning and Zoning Commission Meeting – June 24, 2020, at 5:30 p.m. The West Burlington Planning and Zoning Commission met at West Burlington City Hall with Vice Chairman Blake Ruther presiding. Commission members Steve Swafford, Karen Dewey, Larisa Conner, Blake Ruther, and Bob Christy were present. Gary Deen and Jim Rouse were absent. Former Commission member Kathy Christy was appointed to City Council on January 1, 2020. Bob Christy was appointed to fill Kathy’s unexpired term ending 12/31/2023. Mayor Trousil appointed Kathy Christy to serve as the City Council’s liaison to the Planning and Zoning Commission. Kathy Christy, City Administrator Gifford, Fire Chief/Building Inspector Ryan, and Developer Henry Bohlen were also in attendance. City Clerk Fry presented a letter of resignation from Chairman Jim Rouse. Rouse stated health issues for his early resignation from the Commission. Rouse’s resignation leaves a vacant seat on the Commission with a term ending date of December 31, 2021. Swafford made a motion, second by Christy, to approve the agenda as presented. Swafford, Ruther, Conner, Dewey, and Christy voted Aye. Motion carried. CITIZEN INQUIRIES - No inquiries. Old Business: No Old Business to discuss. New Business: Consider appointing Chairman – Dewey made a motion to elect Ruther as Chairman for 2020. Ruther declined. Dewey amended her motion to elect Swafford as Chairman for 2020, second by Ruther. Roll call vote. Ruther, Conner, Dewey, Christy, and Swafford voted Aye. Motion carried. Consider appointing Vice-Chairman – Steve made a motion, second by Ruther, to elect Ruther as Vice-Chairman for 2020. Dewey, Christy, Swafford, Ruther, and Conner voted Aye. Motion carried. Consider appointing a representative from the Planning and Zoning Commission to serve on the Board of Adjustment – Ruther made a motion, second by Dewey, to elect Christy as the Planning & Zoning Commission’s representative on the Board of Adjustment for 2020. Roll call vote. Dewey, Christy, Swafford, Ruther, and Conner voted Aye. Motion carried. Approve Minutes from June 20, 2020, Commission Meeting - Dewey made a motion, second by Swafford, to approve the minutes from June 2019. Roll call vote. Christy, Swafford, Ruther, Conner, and Dewey voted Aye. Motion carried. Consider partial Final Plat of the 8th Addition to Wildlife Lakes Subdivision – Developer Henry Bohlen has submitted a partial Final Plat for the 8th Addition to Wildlife Lakes Subdivision. City Council approved the Preliminary Plat for lots 29 –38 on January 8, 2020. Mr. Bohlen would like to final plat Lots 29, 31, 32, 33, and 38. He is requesting permission to Planning and ZoningPage 2 of 10 Minutes – June 24, 2020 Commission Page 1 of 5 Agenda Item #3. submit a Final Plat for the remaining lots 30, 34, 35, 36, 37, by January 8, 2022. Section 170.14 (1) of the City Code states: “a Final Plat must be submitted no later than one year after approval of the Preliminary Plat. A Final Plat may be a portion of a larger subdivision for which a Preliminary Plat had been previously approved.” This subdivision is located outside of the West Burlington city limits but within our two-mile subdivision review area. Des Moines County Zoning Commission has approved the partial Final Plat and will allow two years for a Final Plat to be submitted in accordance with the County Zoning Regulations. Dewey stated that she did not have a problem recommending Council approve the partial final Plat and allowing the remaining lots to be platted by January 8, 2022. When the Commission reviewed the Preliminary Plat back on June 24, 2019, a neighboring property owner in the 5th Addition to Wildlife Lakes Subdivision, Sandra Schneider, was at the meeting and expressed concern about drainage from the proposed new lots affecting her property. Since the commission meeting in June of 2019, staff from West Burlington and the County has had numerous meetings with her to try and address her concerns. Mr. Bohlen has repeatedly stated that development on the new lots will not affect drainage on her property. Mr. Bohlen’s Engineer, Klingner & Associates, provided a letter addressing how surface drainage from the lots in the new addition will flow through existing right-of- way ditches and ultimately flow into the existing subdivision lake. Mrs. Schneider also continues to be frustrated over several violations of the restrictive covenants for the subdivision. The City nor the County is responsible for enforcing restrictive covenants in subdivisions. It was the consensus of the Commission that most of her issues are civil matters between her, Mr. Bohlen, and the trustees who regulate the covenants for the subdivisions. Dewey made a motion, second by Christy, to recommend Council accept the Final Plat for Lots 29, 31, 32, 33, and 38 in the 8th Addition to Wildlife Lakes Subdivision and allow the remainder of the lots to be final platted by January 8, 2022. Roll call vote. Swafford, Ruther, Conner, Dewey, and Christy voted Aye. Motion carried. Consider a Preliminary Plat and Preliminary Construction Plans for Celtic Crossing Subdivision – City Clerk Fry explained to the Commission that the proposed Celtic Crossing Subdivision has been going on for quite a long time. In the middle of the voluntary annexation and subdivision planning phase, the developer, Ken Schwenker, suddenly passed away. The property is under the ownership of BK Land, LLC., and Ken’s daughter Kathy Schwenker would like to continue with the proposed development. Planning and ZoningPage 3 of 10 Minutes – June 24, 2020 Commission Page 2 of 5 Agenda Item #3. On June 10, 2020, the Voluntary Annexation request was approved by the Iowa Economic Development Authority’s City Development Board. After a 30-day waiting period, the annexation can be recorded, and the land will be added to the West Burlington city limit. City Clerk Fry explained that the Planning & Zoning Commission could move forward reviewing the proposed Preliminary Plat for Celtic Crossing Subdivision, assuming the annexation will be complete after the waiting period. The Commission reviewed the Preliminary Plat for the Celtic Crossing Subdivision, which is a thirteen (13) lot subdivision located on Washington Rd. Proposed Lots 2 – 12 will be located inside the West Burlington City limits, and Lots 1 and 13 will remain in the county. The proposed subdivision has been reviewed by the City’s engineering firm French-Reneker-Associates to make sure the Plat meets all the City’s subdivision regulations. The City uses French-Reneker-Associates for most street and utility projects in town, so they are very familiar with the code requirements. The letter from French-Reneker-Associates noted that the proposed Lots 6, 7, and 8 are landlocked and could not be used for development. City Clerk Fry explained to the Commission that the developer planned on contacting the adjoining property owners in the Emerald Glen Subdivision to see if they would like to purchase the lots to expand their property and access the existing pond in the new subdivision. If the property owners are not interested, the lots will be added back into Lot 5. The developer is requesting a variance to the length of the proposed cul-de-sac. The code states that it cannot exceed 500’. They are requesting permission to extend the cul-de-sac to 639’. Fire Chief/Building Inspector Ryan explained to the Commission that the length of the cul-de-sac did not pose a concern for the Fire Department. Chief Ryan also stated that he had reviewed the Plat and asked the developer to add an additional fire hydrant, which was shown on the Plat. The developer is also asking the Commission to waive the requirement for sidewalks in the subdivision. The neighboring subdivision does not have sidewalks, and there are no sidewalks on Washington Rd. The Commission agreed to recommend City Council waive the requirements for the sidewalks on both sides of the street, given the lack of existing sidewalks in the area. Swafford made a motion, second by Christy, to recommend City Council approve the Preliminary Plat for Celtic Crossing Subdivision as presented and allow a variance to the length of the cul-de- sac from 500’ to 639’ and waive the requirement for sidewalks of both sides of the street. Roll call vote. Ruther, Conner, Dewey, Christy, and Swafford voted Aye. Motion carried. Consider setting a Public Hearing date to rezone territory recently annexed into the city limits from Agricultural to R-2 (Single-Family Residential) – City Clerk Fry explained that when a property is annexed into a city, it is automatically classified as Agricultural zoning district. The developer has asked that the zoning be R-2 (Single-Family). The neighboring Emerald Glen Subdivision is currently zoned R-2 (Since-Family Residential), and the proposed use of the lots in the Celtic Crossing Subdivision will match that type of use, so rezoning the lots to R-2 (Single- Family) Residential makes the most sense. City Clerk Fry recommended waiting until after the 30- day comment period on the voluntary annexation before setting the hearing date. Dewey made Planning and ZoningPage 4 of 10 Minutes – June 24, 2020 Commission Page 3 of 5 Agenda Item #3. a motion, second by Christy, to set a Public Hearing date of August 12, 2020, to consider rezoning then newly annexed territory. Roll call vote. Dewey, Christy, Swafford, Ruther, and Conner voted Aye. Motion carried. The developer plans to utilize a TIF Rebate program to help cover the cost of putting in the road, water, and sewer mains to serve the lots. The TIF Rebate Program, allows the City to reimburse the developer (BK Land, LLC.) for infrastructure costs using revenue collected with the TIF increment generated by this development. The property tax that is collected from the new development will be rebated back to the developer to cover the infrastructure expenses. A Pre- Annexation Agreement was made between the City and BK Land, to give the developer some assurance that if he voluntarily annexed the property into the City limits, the City would be willing to offer a TIF Rebate to help cover the cost of putting in the water, sewer, and street infrastructure. The Commission will be asked to make a recommendation to add the new territory to the City’s Urban Renewal Area. If possible, the Commission may discuss this recommendation at the same time rezoning is discussed. Consider a Preliminary Plat and Preliminary Construction Plans for Penn’s Landing Subdivision - This project has been going on for quite a long time, and in the middle of the design phase, the developer, Ken Schwenker, suddenly passed away. The property is under the ownership of BK Land, LLC., and his daughter has taken over handling the business. She wanted to keep moving forward with the development of Penn’s Landing Subdivision. BK Land, LLC. purchased property in Rorer’s Subdivision on E. Pennington with the intention of re- subdividing the area into residential lots. The City had to vacate the existing street and alley right-of- way in the subdivision to allow the area to be redeveloped. A purchase agreement was signed between BK land LLC. and the City that accomplishes the transfer of vacated right-of-way to BK Land LLC., so it can be re-subdivided. Once the new subdivision is created, BK Land, LLC, will dedicate the new street to the City. The total square footage being vacated is almost equal to the area the developer intends to dedicate back to the City. The Commission reviewed the Preliminary Plat and Preliminary Construction Plans for the Penn’s Landing Subdivision, which is an eighteen (18) lot subdivision within the city limits on E. Pennington. The City’s engineering firm Snyder & Associates has been working closely with the developer’s Engineer to design the subdivision as part of a Sponsored Project Grant from the state that will address stormwater restoration in that area as well as the creek running through Luers Park. French- Reneker-Associates also reviewed the Preliminary Plat and noted the following discrepancies with the City Code requirements and variance requests. 1. Length of the Cul-de-sac - The developer asked for a variance to allow a longer cul-de-sac than allowed by code. The cul-de-sac is approximately 660’ in length rather than the maximum of 500’ that is permitted by City Code. Fire Chief/Building Inspector Shaun Ryan has reviewed the proposed drawings and Plat and has no issue with the request. 2. Sidewalks - The developer also asked for a waiver to the section of the City Code that requires sidewalks on both sides of the street. The Commission agreed that, because the subdivision was located in a residential area where people may be walking through to access the park that Planning and ZoningPage 5 of 10 Minutes – June 24, 2020 Commission Page 4 of 5 Agenda Item #3. it would make sense to have sidewalks on both sides of the street. The Commission agreed they would not recommend waiving the sidewalk requirements. 3. Utility Easement on east property line - French-Reneker-Associates pointed out that a five (5) foot easement along the east lot line of the subdivision was not wide enough, and the code requires a ten (10) foot easement. The Commission will require a ten (10) foot easement to be corrected on the Preliminary Plat 4. Road Surface – The City Code requires a 7” concrete surface for the street, and the street was designed with concrete pavers. City Administrator Gifford explained that concrete pavers were used in the design rather than concrete because of the Storm Water Restoration Sponsored Project Grant. Dewey mentioned that the name on the Preliminary Construction drawings did not match the subdivision name. City Clerk Fry will contact the Engineer to have the Preliminary Plat and Preliminary Construction plans updated to include the following: • Addition of sidewalks on both sides of the street • Increase in the utility easement along the east lot line from five (5) feet to ten (10) feet • Increase the depth of concrete around the brick pavers from six (6) inches to seven (7) inches • Update the Subdivision name on the Preliminary Construction Drawings Christy made a motion, second by Dewey, to recommend approval of the Preliminary Plat for Penn’s Landing Subdivision with a variance to the length of the cul-de-sac from 500’ to 660’ and items listed above corrected on the Preliminary Plat and Construction Drawings. Roll call vote. Christy, Swafford, Ruther, Conner, and Dewey voted Aye. Motion carried. Discuss Comprehensive Plan Update – City Clerk Fry informed the Commission that the City’s Comprehensive Plan needed to be updated. She will distribute copies of the current plan and goals for the Commission members to review. There being no further business, Swafford made a motion, second by Christy, to adjourn at 7:00 p.m. Voice Vote. All voted Aye. Motion carried. Planning and ZoningPage 6 of 10 Minutes – June 24, 2020 Commission Page 5 of 5 Agenda Item #4. Memo To: West Burlington Planning and Zoning Commission From: Dan Gifford CC: City Clerk Date: 12/31/2020 Re: Subdivision Raider Property: You have a final plat for a one lot subdivision on your agenda. This proposal is needed to sell the old Raider building to a manufacturer that is relocating here from California. This Final Plat shows this lot fronting on an easement and not a public street. The City is working on a RISE (Revitalize Iowa’s Sound Economy) grant to construct a new street to city specifications. This street will allow this subdivision to comply with the municipal code‘s 50 foot lot frontage provision. The Greater Burlington Partnership intends to market the remainder of this property to other light industrial users. There are very few industrial lots available in West Burlington, so this industrial park is needed. The California company is DRI (Deep Root Irrigation). They are moving their headquarters to West Burlington. Their operations in this building will be assembly. There will not be any negative impacts to the area due to this operation, I recommend that the Commission approve this Final Plat to allow the sale of this building to DRI. 1 Page 7 of 10 Agenda Item #4. Page 8 of 10 Agenda Item #4. I4 0 Page 9 of 10 Agenda Item #4. Page 10 of 10