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Home My WebLink About12-01-2005 Planning and Zoning CommissionPLANNING AND ZONING COMMISSION Thursday, December 1, 2005 - 7:30 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. Rezoning Item: CZ05-00001: Discussion of an application submitted by Mark Sharpless for a rezoning from County A, Agricultural, to R, Residential, for approximately 4.96 acres of property located in Fringe Area B on the north side of Lower West Branch Road SE east of Taft Avenue. D. Consideration of the October 20, 2005 and November 17, 2005 Meeting Minutes F. Other Item F. Adjournment Uocomina Plannina & Zonina Commission Meetings: Informal November 28 December 12 Janu:aii:2= January 16 * January 30 Formal December 1 December 15 January 5 1 January 19 February 2 "Meeting cancelled due to holiday. City of Iowa City MEMORANDUM Date: December 1, 2005 To: Planning and Zoning Commission From: Jeffrey Banks, Planning Intern RE: CZ05-0001 Rezoning from A, Agricultural, to R, Residential, north side of Lower West Branch Road in Fringe Area B BACKGROUND INFORMATION: The applicant, Mark Sharpless, has submitted an application for a rezoning from County A, Agricultural, to R, Residential, for a 4.96-acre parcel of land located on the north side of Lower West Branch Road approximately Y2 mile east of Iowa City. The property is located in Fringe Area B of the Fringe Area Agreement between Johnson County and Iowa City, within the two mile jurisdictional area of Iowa City, and lies outside the City's designated growth area. County records show this property was subdivided from the adjacent property in 1988 to allow construction of a cell tower, but to date no cell tower has been installed. The proposed R zoning allows one dwelling per 40,000 square feet. 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 consideration by the Johnson County Planning and Zoning Commission and Board of Supervisors. The Fringe Area 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 requested rezoning is for R, a zone which allows one residential unit per 40,000 square feet. Therefore the rezoning request does not comply with the Fringe Area Agreement: the R zone would allow more than one house per ten acres and the lot is less than 10 acres in size. The intent of the Fringe Area Agreement is to discourage development density greater than one unit per ten acres for the area in question. The proposed rezoning to R would allow for 4 or 5 residences to be built. Access to the property is from Lower West Branch Road, which is unpaved and has limited site distance in this area. Given these circumstances, staff does not recommend approval of a rezoning that is contrary to the Fringe Area Agreement. STAFF RECOMMENDATION: Staff recommends that CZ05-0001 an application to rezone approximately 4.96 acres located on Lower West Branch Road from A, Agricultural, to R, Residential, be denied. November 23, 2005 Page 2 ATTACHMENTS: Rezoning Exhibit Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development PREPARED BY: MMS CONSULTANTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 REZONING EXHIBIT IV TO JOHNSON COUNTY, IOWA Aq y� LEGAL DESCRIPTION LOT 2, SHARPLESS SECOND SUBDIVISION, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, RECORDED IN PLATBOOK 30 AT PAGE 144 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER, EXCEPT THE ROAD RIGHT-OF-WAY, CONTAINING 4.96 ACRES AND IS SUBJECTTO EASEMENTS AND RESTRICTIONS OF RECORD. fULIt__� 0 10 25 50 75 100 GRAPHIC SCALE IN FEET 1"=100' f—-- --- — S88'33'23"E 380.72' SNAKPLESS SECOND UfGDIV!SION J EINSON C CI UN T Y, IOWA PLAT �,001C 3O, PA6E 144 LEGEND AND NOTES w n - CONGRESSIONAL CORNER, FOUND 'n N - CONGRESSIONAL CORNER, REESTABLISHED In - CONGRESSIONAL CORNER, RECORDED LOCATION '•O • - PROPERTY CORNER(S), FOUND (as noted) N C - PROPERTY CORNERS SET (5/8" Iron Pin w/ yellow, plastic LS Cap embossed with "MMS" ) ® - CUT "X" - PROPERTY &/or BOUNDARY LINES — - - — - - — - - — - CONGRESSIONAL SECTION LINES -- --- — --- ----- - RIGHT-OF-WAY LINES — - - - - CENTER LINES - LOT LINES, INTERNAL L3 - LOT LINES, PLATTED OR BY DEED - - - - - - - - - - - - - - - - - - - - - EASEMENT LINES, WIDTH & PURPOSE NOTED - EXISTING EASEMENT LINES, PURPOSE NOTED (R) - RECORDED DIMENSIONS (M) - MEASURED DIMENSIONS cz?--! - CURVE SEGMENT NUMBFR UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS L7 ERROR OF CLOSURE IS LESS THAN 1 FOOT IN 20,000 FEET LOT I LINE SEGMENT TABLE LINE LENGTH I BEARING Li 1 13.91' S89'08'41"E L2 93.51' N00'41'O5"W L3 1 9.84' 1 S89'58'34"W EXISTING DRIVEWAY 0 EXISTING ZONING: A -AGRICULTURAL ----------------- --- --------- --- — PROPOSED ZONING: LONER l R-RESIDENTIAL L PROPRIETOR MARK SHARPLESS SURVEY RDQ-UESTED BY: MARK SHARPLESS DATE OF SURVEY: NOVEMBER 9, 2005 SCOTT TWP. w ♦, r 0 IoN Herben Hoover Hwy so L�w� n e�l ''0Ci' 9 77--:L � LOCATION MAP NOT TO SCALE EXISTING ZONING A -AGRICULTURAL PROPOSED ZONING R-RESIDENTIAL LOT 2 AREA = 4.96 ACRES BRANCH RD SE SW I/4 NE I/A SEE 8-77JN—R5W EXISTING DRIVEWAY I / N N 7 sheet Title: REZONING EXHIBIT MMS CONSULTANTS, INC < CD �m , TO JOHNSON COUNTY, IOWA f o J z z 3 °-' J _J II �F 1 mm�� 1111111/ A1^lllUl�l�l �i IowO City, IOwO y (319) 351-8282 z P Project Title: CO O Q O ° o z ° A PORTION OF THE SW 1/4 NE 1/4 OF SEC. 8 O U, W o ° Designed by: Drawn by: I Checked by: y T79N-RSW OF THE 5TH P.M., JOHNSON COUNTY, IOWA MAS MAS GDM G:LiUUU\/Ui1UU.5c.1Jwg II/a/ZUU3 Ir. ty: vo AM �l MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION FORMAL MEETING OCTOBER 20, 2005 EMMA J. HARVAT HALL MEMBERS PRESENT: Bob Brooks, Ann Freerks, Beth Koppes, Wally Plahutnik MEMBERS ABSENT: Don Anciaux, Dean Shannon, Terry Smith STAFF PRESENT: Mitch Behr, Bob Miklo A. Call to Order Brooks called the meeting to order at 7:30 p.m. B. Public Discussion of Any Item not on the Agenda No discussion. C. Rezoning Item: REZ05-00012 Discussion of an application submitted by the City of Iowa City for a rezoning from Medium Density Single -Family (RS-8) to Planned Development Housing Overlay - Medium Density Single -Family (OPDH-8) for property located on Catskill Court within the East Hill Subdivision. Miklo said this item was on a previous agenda associated with the new zoning code. With the new zoning code, duplexes would not be allowed on interior lots in the RS-8 zone, so the proposed rezoning would allow the current pattern of development to continue on the last four lots in a 36-lot subdivision. The lots slope steeply from a low point on Catskill Court to a high point at the backs of the lots. The slope constrains how buildings would be positioned, which would make it difficult to conform to RS-12 requirements in the new code. Therefore the proposal is to rezone to OPDH-8. The plan development allows relaxation of zoning standards. It would allow the last four lots to be built similarly to the other lots, though it would not affect the other lots in the neighborhood. City staff is recommending approval. Brooks asked what would be on file for the development plan. Miklo said that the ordinance would specify the dimensional setbacks from the front and sides, and state that duplexes would be allowed. The garage placement standards in the new code would be waived. It would basically be a description of the footprint for the buildings. No public discussion. MOTION: Koppes moved to approve rezoning item REZ05-00012, and Freerks seconded. No further discussion. The motion carried with a vote of 4-0. D. Consideration of the October 6, 2005 Meeting Minutes MOTION: Plahutnik moved to approve the minutes as submitted, and Freerks seconded. The motion carried on a vote of 4-0. E. Other Items Miklo said that next Council meeting on the new zoning code is a work session on October 31 at 2:00. It is not a joint meeting. Rather, staff, the Planning and Zoning Commission Chair and Council will discuss the code. There are other items on the agenda as well. The public hearing has been continued to November 1, and he anticipates it will be continued again to November 7. F. Adjournment MOTION: Koppes moved to adjourn, and Plahutnik seconded. The motion carried on a vote of 4-0. The meeting adjourned at 7:37 p.m. s:/pcd/minutes/p&z/2005/10-20-05 formal.doc +Hddit) C) oxXX Xx x x �xXXxOXX x X x X x X x �pXXXXx� �OxxXOxx �xxxxoxx �X�XxxxX Qoxxxxox �x8�XxxXX x X X X X X L''XXXx X �xXxXx M t x x X X M X X x X I O NXXxX I o N x x x X ; X Q X X x x x °xxXo', X o 00 0C 0 0 v H w 2525c,c� o 0 0 0 0 a) 0 � Y y C O Fed W w�o.�n�n zcSaidw3caH 0 0 X x X x 00 ^N X X x x x O x a �xx0XxOx !2Xxxxxxx �oXxxoXX X X X x x X x x x X X x x x x o X o x ^"xXXx d x �xXOO MOXxx x NxxXx I o NxxXx I o �3333331 ^UUUU V U I d *o--oo.- 'o 0 00 � o ao 00 H w o 0 0 0 0 0 0 Y_ u dcowL�CaC16 o aui � w • z zcaa5dw3dh T II II II II �xooz MINUTES PLANNING AND ZONING COMMISSION PRELIMINARY NOVEMER 17, 2005 EMMA J. HARVAT HALL MEMBERS PRESENT: Terry Smith, Dean Shannon, Wally Plahutnik, Bob Brooks, Don Anciaux, Beth Koppes, Ann Freerks STAFF PRESENT: Bob Miklo, Sunil Terdalkar, Mitch Behr OTHERS PRESENT: John Moreland RECOMMENDATIONS TO CITY COUNCIL: Recommended approval by a vote of 7-0 REZ05-00020/SUB05-00030, a rezoning from Low Density Single -Family Residential (RS-5) zone to Sensitive Areas Overlay/Low Density Single -Family Residential (OSA/RS-5) zone and a preliminary plat and Sensitive Areas Development Plan of Galway Hills Part Four, a 24-lot, 10.41-acre residential subdivision located on Galway Drive. Recommended approval by a vote of 7-0 SUB05-00028, a preliminary plat of Windsor West, a 96-lot, 51.90-acre residential subdivision located at 4670 American Legion Road SE. CALL TO ORDER: Brooks called the meeting to order at 7:30 pm. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. REZONING/DEVELOPMENT ITEM: REZ05-00020/SUB05-00030, discussion of an application submitted by Dav-Ed Limited for a rezoning from Low Density Single -Family Residential (RS-5) zone to Sensitive Areas Overlay/Low Density Single - Family Residential (OSA/RS-5) zone and a preliminary plat and Sensitive Areas Development Plan of Galway Hills Part Four, a 24-lot, 10.41-acre residential subdivision located on Galway Drive. Terdalkar said the applicant had submitted revised drawings and provided all required information; the deficiencies and discrepancies listed in the Staff Report had been corrected. Staff recommended approval of REZ05-00020, a rezoning of approximately 10.41-acres from Low Density Single-family Residential (RS-5) to Sensitive Areas Overlay/Low Density Single-family Residential OSA/RS-5 and SUB05-00030, a preliminary plat for Galway Hills Subdivision Part IV, a 24-lot residential subdivision located on approximately 10.41-acres of land south of Melrose Avenue and east of Highway 218. Public discussion was opened. There was none. Public discussion was closed. MOTION: Smith made a motion to approve REZ05-00020 and SUB05-00030. Plahutnik seconded. The motion carried on a vote of 7-0. SUBDIVISION ITEM: SUB05-00028, discussion of an application submitted by Arlington Development for a preliminary plat of Windsor West, a 96-lot, 51.90-acre, residential subdivision located at 4670 American Legion Road SE. Terdalkar said the deficiencies and discrepancies listed in the Staff Report had been resolved. The applicant had provided a copy of plans that showed a trail connection to Scott Park with some land dedication from adjoining Highland Woods Subdivision. Staff recommended approval of SUB05-00028. Plahutnik said at a prior Commission meeting, a concern regarding stormwater drainage had been raised by the property owners to the east of this subdivision. Had the developer spoken with them? Planning and Zoning Commission Minutes November 17, 2005 Page 2 Terdalkar said easements had been acquired. Miklo said the plan included two stormwater basins in the outlot open space. The City Engineer had reviewed the drawings, determined that the proposed plan complied with City stormwater management requirements and did not anticipate any negative effects on the adjacent property. Public discussion was opened. John Moreland, developer, said he had obtained a storm water drainage easement through that area with the residents of Far Horizons. Arlington Development planned to install a storm sewer at their expense to help drainage issues in the Far Horizons development in return for a sanitary sewer easement. Moreland said he wished to thank Staff for their assistance in getting this put together. Brooks asked for a clarification regarding the proposed trail connection. Miklo indicated where the trail connection would occur. A small portion of Lot 10 in the Highland Woods subdivision currently under the owner's control would provide a 20-foot wide pedestrian corridor. In the future it was anticipated that when the Hieronymous property developed, their open space obligation would likely occur in that area to further enhance the connection to the subdivision. Public discussion was closed. Motion: Smith made a motion to approve SUB05-00028, a preliminary plat and sensitive areas site plan for Windsor West Subdivision, a 96-lot residential subdivision on approximately 51.9-acres of land, located north of American Legion Road. Anciaux seconded the motion. Anciaux said he wished to compliment Mr. Moreland on his willingness to work with Staff and the City on this project and for meeting with the neighbors and making the process flow smoothly. Freerks said she was happy to see the two street connections to the property to the west and felt that over time it would be a bonus to the area. She appreciated Moreland's adding the second connection, his commitment to growth in that area. The motion carried on a vote of 7-0. OTHER ITEMS: Miklo passed out a memorandum from the City Attorney's office in response to questions about the proposed Code and some legal issues. With respect to the proposed Code revision, City Council would close the public hearing on Monday, 12/12; have First Consideration on Tue 12/13; have Second Consideration, Pass and Adopt the Code on Thurs 12/15. The Code would go into effect approximately the beginning of 2006, after it had been published in the newspaper. Sub -division regulations would be the next item addressed by the Commission. ADJOURNMENT: Motion: Anciaux made a meeting to adjourn the meeting. Freerks seconded the motion. The motion carried on a vote of 7-0. The meeting adjourned at 7:37 pm. Elizabeth Koppes, Secretary Minutes submitted by Candy Barnhill s:/pcd/minutes/p&z/2005111-17-05.doc 0 0 N t X x �><� X X x X Hddt o oxXxxXx x X X X X X x x �8oXxXxx �OXxXOXx �xxXXtxX X O X X x X x ZZ0Xxxxox � xoxxxXx X x X x x � x �xxxx ; x �xXXx x ; x Mpxxx M X X X X O xxX Nx ; o N>GxXX x �xxxx ; x >tll >,I o vi 0 0 in 0 0 vi F w o ;n 0 Zn o 0 0 0 0 u c u � � •" da`1w`aCav�vs, zcaci¢w3aF �xxXx x OX o X x X X 0 0 a �Xx8xxoX �xXxxXxx oxXxoxx i X X x ll>tl �xxxXXxx txXoxox', x x x x X �XxOO x MOxxX x NXXXX O ^xXXxfO N U U U U U U .. '0000t- o 0 0 000.o 0 0 F W o 0 0 0 0 0 0 y y •� o � �dw`w`�ari rn zocad64 U x g a¢¢z p u II II a4xooz