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HomeMy WebLinkAbout06-17-2004 Planning and Zoning CommissionAgenda Informal Meeting Planning and Zoning Commission Monday, June 14, 2004 - 7:30 p.m. """RECREATION CENTER MEETING ROOMB ****** 222 SOUTH GILBERT STREET Agenda Formal Meeting Planning and Zoning Commission Thursday, June 17, 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: Public Hearing 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. REZ04-00012: 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, 2004) 2. 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: July 12, 2004) 3. REZ04-00015: Discussion of an application submitted by Christian Retirement Services, inc. for a rezoning to amend the Planned Development Housing Overlay -Medium Density Multi -Family Residential (OPDH-20) preliminary OPDH plan for Oaknoll to allow up to 52 congregate housing units on 2.12 acres of property located north of Benton Street and east of George Street (45-day limitation period: July 11, 2004) 4. CZ04-00001: Discussion of an application submitted by Don and Sara Schumacher for a rezoning from Rural (Al) to Suburban Residential (RS) for 3.74 acres of property located at 5989 American Legion Road. E. Vacation Item: VAC04-00002: Discussion of an application submitted by Southgate Development for a vacation of the Jensen Street cul-de-sac bulb right-of-way at the north end of Jensen Street. F. Other Items: G. Consideration of the June 3, 2004 Meeting Minutes. H. ADJOURNMENT Uncoming Planning & Zoning Commission HPatinnc Informal June 28 July 12 August 2 August 16 August 30 September 13 Formal July 1 July 15 August 5 August 19 September 2 September 16 City of Iowa City MEMORANDUM TO: Planning and Zoning Commission FROM: Shelley McCafferty, Associate Planner DATE: June 10, 2004 RE: REZ04-00012, 500-522 S. Gilbert Street At the June 3 meeting of the Planning and Zoning Commission, you requested that staff provide additional information regarding the rezoning of 500-520 S. Gilbert Street from CC- 2, Community Commercial to RM44, High Density Multifamily Residential. Access: The Transportation Planner feels that one access to the property may be provided from Gilbert Street. This access should be located near the Ralston Creek bridge, but could be located further south than the existing driveway. When Gilbert Street is improved, the new left-hand turn lane should be located such that it may be used by vehicles turning into this driveway. In addition to direct access from Gilbert Street, the property will have a second means of access from the alley that intersects with Bowery Street. The applicant has stated that the topography limits the access to the site and therefore viability for commercial development. The Director of Public Works has reviewed the site and concurs with the rest of staff that there is not any reason that this site can not be designed and engineered to accommodate commercial development. Topographically, the site falls approximately four feet from the alley to Gilbert Street. The applicant has estimated that the driveway access would have a grade of at least 20%. Staff does not agree with this estimate. We calculate that even after the 8 feet of land is obtained from this property for the Gilbert Street right-of-way, a driveway slope of approximately 3% can be achieved. This is a reasonable grade for a commercial driveway. Near Southside Parking Facility District: The Commission asked if the Parking Facility District could be expanded to include this property. This district is roughly bounded by Burlington Street on the north, Gilbert Street on the west, the Iowa Interstate Railway Main Line on the south and Madison Street on the south. The purpose of the district is to ensure that residential development bears a sufficient proportion of the capital improvement costs necessary to meet the parking needs in this district when it develops. The future parking ramps planned for the Near Southside will be located towards the west edge of the district. In order for the ramps to support residential parking needs, said development must be sufficiently close and accessible to the ramps. The distance of the properties on the east side of Gilbert Street and the difficulty of crossing Gilbert Street for pedestrians, makes it impractical for the proposed development to use these ramps. Therefore, in staff's opinion this property should not be included within the Near Southside Parking Facility District. Development Options: To date, Mr. Clark has presented the Planning and Zoning Commission with two different development scenarios. Both of these scenarios develop the property with four -bedroom apartments. The applicant has stated that a two level parking structure is necessary to allow this property to develop. Staff does not concur with this assessment and feels it would be possible to develop this property with commercial buildings or a mixed -use commercial/residential building. However, the intensity of residential use compared to what Mr. Clark is proposing would have to be reduced. Other potential development scenarios that would comply with the current zoning and Comprehensive Plan are: June 10, 2004 Page 2 1. One or more stories of commercial space with surface parking. The Clark property could accommodate 10,000 to 12,000 square feet of commercial space. 2. Ground level commercial, one to three bedroom apartments above with below grade and surface parking may be developed on this property. In the current market, these development scenarios may not be as lucrative as the development that the applicant has proposed. However, the current market should not preclude development that is in the long-term best interest of the Gilbert Street corridor. For comparison to the Clark property, staff has collected information about properties that are located in the Gilbert Street corridor, which are similar in size or even smaller than the Clark property (see table below). These properties contain a variety of viable businesses and some contain residential uses on the upper floor(s). These properties illustrate that this property could be developed with uses that are consistent with the Comprehensive Plan and current zoning and that a parking structure is not necessary for development along Gilbert Street. Gilbert Street Development Prooerties Address Business Name Lot area .ft. Gross building area .ft. Approximate building footprint .ft. Paved area .ft. Use Dwelling units Bedrooms 624 S. Gilbert Aoshe, etc 30,600 18,4,33 6,181 17.000 mixed 12 20 816 S. Gilbert Stevds Typewriter, etc 28,600 7,448 4,392 7,000 mixed 4 8 805 S. Gilbert Saddlebrook Center 19,321 2,618 2,618 4,250 commercial 910S.Gilbert Varsity Cleaners 18,480 6,146 6,146 11,000 commercial 934 S. Gilbert Mulford Plumb ng, McDonald Chiro, etc 20,800 8,477 8,477 10,000 commercial 301 Kirkwood Ave. Al Pets Vet Clinic 22,400 5,764 5,764 8,400 commercial - 1210 S. Gilbert Thai Spice, State Farm, etc 31,200 10,400 10,400 16,000 commercial - - 1402 S. Gilbert Los Portales 35,237 5,500 5,500 23,500 commercial 1548 S. Gilbert River City Prop.Mgmt., KJH Taxes, etc 24,478 7,976 4,984 14,000 mixed 4 8 320 E. Benton St. Jimmy Johns Sawy Boutique, etc 12,790 6.128 2,970 7,900 mixed 4 8 500-520 S. Gilbert Subject Pro -38000 - - - Land Use: The current CC-2 zoning permits the development of this property for commercial use. This use is consistent with the Comprehensive Plan Land Use Map and policies. It is also consistent with the existing development pattern of S. Gilbert Street. Staff feels that this area will be viable for commercial use for the following reasons: 1. Located along an arterial street with high traffic volume and high visibility; 2. Located adjacent to an area with dense population and opportunity for walk-in customers; 3. Other commercial development on Gilbert Street is currently viable; 4. Existing businesses on this property and across the street successfully receive deliveries and not all commercial uses require deliveries by semi trucks 5. New buildings may be constructed to be even more conducive to commercial businesses then existing buildings by having taller ceilings, large street windows, high quality materials and well designed storefronts and signage; 6. Given current develop in the downtown area, the population will likely increase and there will be greater demand for commercial in the future. Given that this is an area that has already been platted and developed, the policies and land use map of the Comprehensive Plan are quite specific regarding the redevelopment of this June 10, 2004 Page 3 existing commercial property. Although the applicant may argue that at this time there is no market demand for commercial in this area, the purpose of having a Comprehensive Plan is to ensure that in the long term, the development pattern of property in Iowa City is most conducive to the City's future economic well-being, function and quality of life. 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. Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development From: Glenn Siders [gsiders@sgdev.net] Sent: Monday, June 07, 2004 4:45 PM To: John Yapp Cc: Joe Holland Subject: Lot 77 Walden Woods Part 6 Good afternoon John I wanted to clarify something that I said at last Thursday's P&Z meeting. The question that Elizabeth asked me concerning the retaining wall I think got answered incorrectly. I thought she was asking about the wall toward the north en of the project. In retrospect, I think she was inquiring about the wall between our project ant the existing neighborhood toward the south end. That wall would be 1'-2' in height if constructed. I questioned Larry Schnittjer about it and discovered there may be a possibility that this wall could be omitted. It appears that the grading changes that have been made might allow us to remove it completely. Once grading on the project is close to completion, we will determine if it is needed and if not we will leave it out. Let me know if it is less clear now that last Thursday. Glenn R. Siders Construction Coordinator Southgate Companies PH 319-337-4195 FAX 319-337-9823 www.s-oate.com STAFF REPORT To: Planning & Zoning Commission Item: REZ04-00015 Oaknoll Phase IV GENERAL INFORMATION: Applicant: Contact Person: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Comprehensive Plan: File Date: Prepared by: Robert Miklo Date: June 17, 2004 Christian Retirement Services 701 Oaknoll Drive Iowa City, IA 52246 Shive-Hattery, Inc. 2834 Northgate Drive Iowa City, IA 52245 Phone: 354-3040 Rezoning to amend the previously approved OPDH-20 plan. To allow the development of a 52-unit elderly congregate housing facility with dining, chapel, indoor pool, recreational room and gathering spaces East of George Street, north of Benton Street 2.12 acres OPDH-20; residential North: RM-44, elderly housing parking South: RS-5, residential East: RM-44, elderly housing facility West: RS-8, residential This property is in the Southwest District. The Comprehensive Plat Land Use Map identifies this area as a transition between 16-24 units per acre and 8-16 units per acre. May 27, 2004 45-Day Limitation Period: July 11, 2004 KA BACKGROUND INFORMATION: In 2002 the City approved a rezoning of this property from Low Density Multi -Family (RM-12) and Medium Density Single -Family (RS-8) to Planned Development Housing Overly/Medium Denisty Multi -Family (OPDH-20). The approved OPDH Plan included a congregate elderly housing building and accompanying parking spaces. To address concerns about neighborhood transition from the Medium Density Single -Family Residential (RS-8) zone located west of George Street and this development, the OPDH Plan included a design which stepped the building down from a height of three stories to one and two stories on the west side of the building. The plan also included a provision to save the mature street trees currently located along the east side of George Street, and architectural details and use of building materials to give the new addition a residential character so that it would be compatible with the lower scale and density development west of George Street. At the time of the rezoning, the applicant was proposing 43 congregate housing units. The applicant is now requesting that the approved plan be amended to allow up to 52 elderly congregate units. The underlying RM-20 zone would allow up to 63 congregate elderly units. The plan includes the addition of 18 underground parking spaces to serve the new units. The plan is also being revised to remove the one-story portion of the building, which was to contain an indoor swimming pool, from the west side of the building. The swimming pool is now proposed to be located in the eastern portion of the building. The applicant has also proposed the addition of a lower -level floor for some of the apartments. This level of apartments would add one floor to the building, but because the units would be below the current grade, the overall appearance of the height of the building from George Street would not change from the previously approved plan. With these amendments the actual foot print of the building would be smaller than allowed by the plan approved in 2002. Revised OPDH Plan: During the rezoning process that occurred in 2002 the City worked with Oaknoll on a plan that provided for a transition from the single family development located west of George Street and the more dense congregate housing building. Although the applicant is proposing to increase the density of development with the amended plan from 43 units to 52 units, staff believes that the revised plan would continue to provide a transition. In place of the one story wing, which would have contained the swimming pool, the applicant is proposing a sunken garden that would extend along much of the west side of the building. The land'/ to 2 story wings of the building that would extend toward George Street would remain. These wings help to step the building down from the taller portion of the building, which would be set back approximately 90 feet from George Street. The revised plan adds a level of apartments adjacent to the sunken garden. Because the grade would be lowered approximately 6 feet to create the garden area and to provide air and light for the lower level apartments, the actual appearance of the building's height would not change from George Street when compared to the previously approved building. However the zoning ordinance requires that building height be measured from the lowest point of the grade, so that technically the height of the building would be 48 feet. The applicant is requesting that the 35-foot height limit be increased as part of the OPDH plan approval. The OPDH zone does allow the City to vary building heights provided that the variances are found to be in the public interest, in harmony with the purpose of the zoning ordinance and other building regulations and will not adversely affect nearby properties. In staff's view the unique design of this proposed building with the inclusion of the sunken garden, will result in a building that is not perceptibly taller than a 35 foot tall building that is allowed in the underlying RM-20 zone. The sunken garden will provide a pleasant amenity for the residents of the proposed building as well as help create a transition to the neighboring properties. The generous set back of the taller portion of 3 the building will also help minimize its effect on the area. As approved previously the plan continues to include the preservation of the mature trees along George Street, and architectural details and building materials that will result in a residential appearance compatible with the neighborhood. In staff's opinion the requested height variance meets the intent of the OPDH regulations. Traffic: The previously approved plan restricted access to the loading dock area to Oakcrest Street. The George Street driveway was to provide access to 24 parking spaces. These conditions would also apply to the proposed plan amendment. The amended plan includes an additional 18 below grade parking spaces. These spaces would be accessed from the existing parking structure, which has a driveway to Oakrest Street. The portion of Benton Street that serves Oaknoll is considered to be at capacity for a two-lane arterial street. Staff does not feel the proposed expansion of Oaknoll will cause a significant increase to the Benton Street traffic stream, due to the nature of the facility, and the emphasis Oaknoll has on using vans for transportation of many of its residents. City Council policy has been that there will be no widening of Benton Street. STAFF RECOMMENDATION: Staff recommends that REZ04-00015 a rezoning to amend the preliminary OPDH plan to allow up to 52 congregate housing units on 2.12 acres of property in the Planned Development Housing Overlay/Medium Density Multi -Family (OPDH-20) zone including an increase in height up to 48 feet be approved. ATTACHMENTS: 1. Location Map 2. Previously approved OPDH plan 3. Preliminary OPDH plan 4. Building elevations 5. Applicant's statement Approved by: ✓� Karin ranklin, Director, Dep ment of Planning and Community Development ppdad m i nlsffrep\REZ04-00015.doc Reed FYI ICI I I f Proposed Underground Parking Structure — I Ii V t. FYI j Site Plan Oaknoll Retirement Residence Phase IV Independent Living community Addition 0 Oaknoll Proposed Addition Second Level- 4.135 square feet Apartments- 0 square feet Public - 0 square feel Third Level 27,007 square feet Apartments- 7,762 square feet Public- 8,000 square feet Fouts Level - 33,439 square feet Apartments- 13,569 square feet Public- 7.778 square feet Fifth Level- 26,735 square feel Apartments- 17,135 square feet Public- 1,060 square feet Sixth Level- 25,935 square feet Apartments - 18,215 square feet Public - 460 square' Total Square footage • 119,251 square ._.r Total Apartment square footage - 56,661 square feel Total Public squarefootage- 17,298 square feel (31 % of apartment lotaf) (actudbuildlrgequmefaolegesmayvarybys/-10 %) Total Number of Proposed Apartments a 52 units or less Total available Scar Congregate Housing units within RM-20 zoning using 1,450 sgft par unit x 2.12 acres = 63 SHivE ,HATTERY Master Plan Cedaf Repk* a , bm City, IA • Dee Moh M w Molds, IL % Blooll fgtori, IL % CNcam IL scale: 1" = IW-oa hWA%wweNve-hattaryoom _ __ - = ._3 v 1: Y h lt5 yyq�� p t 4 L'Ps-e•'y/�'- �1� 1[i � ®9F7 raw �:� al �t SI� B) <i�a 3 {� i{ �i $yS� i�� a.. ��::"'A��FY t. 6.i 1vay�Q6, "`� 'RCS('„— `_ �. ��fr ss �w� nriAt MAV �i AAI,• ., George Street Elevation 11 11' III 111 11 11 III i II1111I11�11I11I11I11i1 � Q.-QQoaQQ North - South Site Section Oaknoli Retirement Residence Phase IV Independent Living Community Addition BENTON STREET BENTON STREET A SHIVE,HATTERY North - South Site Section & Elevation Ceder Repidq iA • laws My, IA Des Mdw IA Mama, IL • Blaomftkx% 1_ • aimp . IL Scale: No Scale Oaknoll Planned Development Preliminary Plan Rezoning Amendment to (OPDH) Application DOCUMENTS REQUIRED FROM APPLICANT: 9. Additional Information: This application is an amendment to the previously approved OPDH in 2002. Requested amendments to that plan are for number of units and height of building above grade. a. Statement of Intent: Christian Retirement Services, Inc. plans to develop the subject properties, in accordance with the OPDH Plan, from the east side of the 700 block of George Street to the vacated West Benton Court area, with an independent living community addition. This area was approved in 2002 for a rezoning to OPDH2O. The previously approved plan incorporated 43 units and this amendment is to add 9 more units within the approved buildings footprint for a total of 52. The zoning will allow up to 63 units for the given site area. This will be accomplished by moving the swimming pool structure, that was on the west side facing George ;�treet, to an area within the building on Level 3. The area below the apartments Cqn Level 4 is where the additional units will be added. The area vacated by the Lid X � !pool will now become outside gardens and green space decreasing the amount of i r— 0 4iuilding occupying the land along George Street. LL > U U QChe amendment for height is not a request to make the proposed building taller by madding more floors than was previously approved. Because of the sloping site, `the height of the building on the North side is taller than the 35 feet allowed by zoning. This elevation is also 235 feet back from Oakcrest Street and the building stair steps up thus lessening the impact of the height. On the west side facing George Street, the grade will be depressed below the existing to remain George Street grade, to allow for the additional apartments discussed above. If we look at the elevation of grade, 5'-0" from the building, all around the building, our highest condition is on the north side where the height above grade will be 48 feet. This is 13 feet higher than allowed by zoning and we would request that with this amendment that the allowable height be increased to 48 feet. This places the mid -point of the gabled roof portions of the proposed building at roughly 7'-6" above Oaknoll's existing Benton Street apartment building. The parapet wall would then be 5'-6" higher and the roof height 4'-0" higher than the Benton Street building. Christian Retirement Services, Inc. plans to use existing landscaping and unique architectural elements to preserve the single-family neighborhood atmosphere of George Street while creating a quality living environment for its residents. 104129-0 __ Pagel 91_p "004 NA Y 2 7 AN 11: 14 log Cl'fY�i`�yERI�✓a b. Evidence of Ownership: Christian Retirement Services, Inc. is presently the owner of Lots 6 through 15 of Streb's First Addition to Iowa City, Iowa. Lots 10 and 11 have been converted to a parking lot and is used by Oaknoll. The remaining lots contain single-family homes. With the exception of two homes, senior citizens occupy all the homes with the same contract status as residents occupying the main facility of Oaknoll. Christian Retirement Services, Inc. owns all the properties immediately adjacent to the north and east of these subject lots, as well as the vacated West Benton Court. Lots 1 and 2 of Grandview Manor Second Addition, Lot 4 of the Terrace Hill Addition, and Lots 16, 17, and 18 of Streb's First Addition are currently used for the existing Oaknoll Retirement Residence and parking. C. Description of Development: The Oaknoll Phase IV Independent Living Community Addition (now being called the George Street Addition) will include elder independent living apartments, the relocation of Oaknoll's existing food service facilities, an indoor swimming pool, fitness area, barber and beauty salon, parking, and other common resident areas. When the Phase IV Addition is completed, the main entrance to the Oaknoll Retirement Residence will be relocated from Oaknoll Drive to West Benton Street. This driveway entrance will be located near the existing West Benton Court intersection with West Benton Street. In addition to the parking deck finishing completion and the planned deck parking on the east side near the current main entrance, additional under building parking may be added with access from the lower level of the existing parking structure. See attached plan. d. Time Schedule for Completion: Construction of two -level parking structure and parking improvements at the southeast corner of the intersection of George and Oakcrest Streets will start November 2002 and will be completed July 2004. Construction of two level parking structure and parking improvements adjacent to existing Oaknoll office, west of Oaknoll Drive will start in the Fall of 2004 (earliest) and will be completed in the Spring of 2007. 104129-0 ___i —� Page 2 Phase IV Independent Living Community Addition will start in the Fall 2004 (earliest) and will be completed in the Spring 2007 (estimated 18-month construction period). 10. Names and Mailing Addresses of Property Owners within 600 feet: See Attached List 11. Applicant's statement as to why zone change is warranted: The Phase IV Addition completes the existing community orientation with a lower planned density per acre. Although multi -family zoned, this addition will have a lower density than the properties to the east and north sides of the existing Oaknoll Retirement Residence. Oaknoll has historically planned its developments to accommodate the surrounding neighborhood environment, meet the requirements of the City of Iowa City, and provide for its residents a pleasant area in which to live. We request that the council's decision regarding this zoning amendment be expedited, as the changes from the previously approved rezoning are minor. These changes include the total number of proposed units being increased from 43 to a maximum of 52 and the footprint of the building facing west to George Street being decreased by relocating the swimming pool to the inside of the building on Level 3. The height amendment is to allow for a sloping site and will not affect the George and Benton streets visual elevations. VM01 X llo vM01 h!:11WV UAW001 0l llj 104129-0 — Page 3 i t City of Iowa City MEMORANDUM Date: June 9, 2004 To: Planning and Zoning Commission From: Tokey Boswell, Planning Intern RE: CZ04-00001, Proposed rezoning from Al, Rural, and RS, Suburban Residential (one dwelling per acre), to RS-3, Suburban Residential (one dwelling per three acres), for approximately 3.74 acres of property located in Johnson County in Fringe Area B on the north side of American Legion Road, approximately one- half mile west of Wapsi Ave. BACKGROUND INFORMATION: The applicants, Don and Sara Schumacher, have submitted an application for a rezoning from Al and RS, to RS-3, for a 3.74 acre parcel of land located east of Iowa City as specified above. The property is located in Fringe Area B of the Fringe Area Agreement between Johnson County and Iowa City, and is outside the City's designated growth area. The Schumacher parcel comprises 3.74 acres of land, roughly rectangular in shape. Current zoning lines divide the property into three pieces; the approximate middle - third of the parcel is zoned RS, while the remaining portions to the north and south are zoned A-1. The home is situated in the middle third of the property, and the northern and southern portions are maintained as residential lawn. No portion of the property is used for agricultural purposes. The applicant would like to rezone the entire parcel as RS-3, which would allow for the construction of accessory buildings throughout the parcel. No additional dwelling is proposed. ANALYSIS: The Fringe Area Agreement provides the City with the opportunity to review and comment on proposed rezonings within the two-mile fringe area prior to considerations of the rezoning by the Johnson County Planning and Zoning Commission and Board of Supervisors. The Agreement states that in Fringe Area B, "On the balance of land in Area B that lies outside Iowa City's projected growth area, agricultural uses are preferred. However, consideration will be given to applications for single-family residential development at a density of RS-10 (one dwelling per ten acres)." The rezoning to RS-3 therefore does not comply with the letter of the Fringe Area Agreement. Staff hesitates to recommend any rezoning not in compliance with the Agreement, but feels that in this case unique conditions may warrant the rezoning. June 9, 2004 Page 2 The spirit of the Fringe Area Agreement is to discourage development density greater than one unit per ten acres for the area in question. The parcel in question has no agricultural uses at present, so there is no loss of farmland. The proposed rezoning will not create any new residence, nor increase the density of current developments. Though the applicants have more than three acres of land, they do not have the six acres required to construct an additional residence. If approved, the rezoning will allow the applicant to add residential accessory uses and structures to the portions of the property that are currently zoned A-1. Although in general Staff is opposed to rezonings that are contrary to the letter of the Fringe Area Agreement, this situation of three zones present on a single parcel of land in uniform use is decidedly unique. Provided that no new residence is constructed on the property, and that no additional driveway is constructed to connect any future building on the property to American Legion Road, Staff feels that the proposed rezoning conforms with the spirit of the Fringe Area Agreement. STAFF RECOMMENDATION: Staff recommends that CZ04-00001, rezoning of approximately 3.74 acres from Al, Rural, and IRS, Suburban Residential (one dwelling per acre), to RS-3, Suburban Residential (one dwelling per three acres), be approved. ATTACHMENTS: 1. Location map 2. Application documents Approved by: i%�Ci„[ /- -11 Robert Miklo, Senior Planner Department of Planning and Community Development Stored at S:\Interns\Urban Planning\Schumacher Rezoning — 5989 AmLegRd CITY OF 10 YA CITY SITE LOCATION: 5098 American Legion Rd. S.E. Map Output Page 1 of 1 Johnson County GIS Online p P� $949 Johnson County Iowa 2 Q4wa DISCLAIMER: While every effort is made to ensure the information contained on this map is accurate and up to date, Johnson County cannot and does not warrant or guarantee the content of information presented. This map is to be used solely as a reference tool for locating and identifying property ownership and other information about real property. You should refer to recorded documents for legal descriptions. Persons relying on this information do so at their own risk. 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