HomeMy WebLinkAbout2021-04-20 CorrespondenceItem Number: 10.b.
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CITY OE IOWA CITY
www.iogov.org
April 20, 2021
Motion to approve a letter to the Johnson County Planning and Zoning
Commission in support of a rezoning from County (A) to County Residential
(R) for approximately 13.07 acres of property located in unincorporated
Johnson County at 4809 Rapid Creek Road NE.(CREZ21-0001)
/_1AIF_TOUILTA 121ZIII & I
Description
Staff Report with Attachments
P&Z Minutes
Letter to County
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�CITY OF IOWA CITY
- n��wp MEMORANDUM
Date: April 1, 2021
To: Planning & Zoning Commission
From: Ray Heitner, Associate Planner
Re: CREZ21-0001 —4809 Rapid Creek Road NE Rezoning
Background Information
The applicant, MMS Consultants applying on behalf of Evan Evans, is requesting a
rezoning from County Agricultural (A) to County Residential (R) for approximately 13.07
acres of land located in Johnson County at 4809 Rapid Creek Road NE. The subject
property is located in Fringe Area A — Outside of Iowa City's Growth Area. Because the
property is within Iowa City's two-mile Fringe Area, the Fringe Area Agreement specifies
that the City will make a recommendation to the County Planning and Zoning Commission
before the County Commission considers the application. The final decision on the
rezoning falls within the County's jurisdiction.
If this rezoning is approved, the applicant intends divide the land into approximately 2
single-family residential lots.
Analysis
Existing Land Use and Zoning
The subject area is zoned County Agricultural (A) and contains one single-family home.
A combination of grasslands and woodlands cover the remainder of the property. The
property does not contain any flood hazard areas.
Proposed Zoning & Surrounding Area
The applicant is requesting a rezoning to County Residential (R) which allows single-
family homes on lots with a minimum area of 10,890 square feet in size (1/4 Acre) and a
maximum area of 1.99 acres. Due to the zone's limitation in lot size, the remainder of the
existing 13.07 -acre lot will need to be placed into an outlot (or into multiple outlots) once
the existing lot is subdivided. Because the existing lot is long and narrow (approximately
443' x 1,322'), the majority of the lot does not have access onto Rapid Creek Road NE.
In addition, various portions of the existing lot contain steep or wooded terrain, leaving
only certain portions of the existing lot developable. The applicant may choose to place
any undevelopable portions of the existing property into open space or preservation
outlots. The maximum development density allowed is 1 dwelling unit per acre.
The surrounding area is largely comprised of farmland, woodlands, natural open spaces,
and rural residences. Scattered single-family residential subdivisions can be found
throughout the portion of Fringe Area A that is located outside of the City's Growth Area.
The 3 -lot, Hickory Ridge Estates subdivision is located approximately .6 miles to the east
of the subject property. One mile to the west are the 3 -lot Rapid Creek Ridge subdivision
and the 7 -lot Yellow Rock subdivision. Given these preexisting surroundings, staff does
not find that the requested rezoning would result in a use that would be out of character
or context with the existing zoning and surrounding area.
Compliance with the County's Comprehensive Plan
The Future Land Use Map of the County's Comprehensive Plan designates this area as
Residential. The proposed zoning designation would comply with the County's Future
Land Use Map and Comprehensive Plan.
March 25, 2021
Page 2
Compliance with the Fringe Area Agreement
In reviewing proposed rezoning in the Fringe Area, staff relies on the policies outlined in
the Fringe Area Agreement. The Fringe Area Agreement is a component of the City's
Comprehensive Plan and applies to areas not specifically planned for in the City's
Comprehensive Plan. The Fringe Area Agreement is intended to provide guidance
regarding the development of land located within two miles of Iowa City's corporate limits.
The agreement's slated purpose is to provide for orderly and efficient development
patterns appropriate to non -urbanized areas, protect and preserve the fringe area's
natural resources and environmentally sensitive features, direct development to areas
with physical characteristics which can accommodate development, and effectively and
economically provide services for future growth and development.
This property is located in Fringe Area A — Outside the City's Growth Area. For this area,
located outside of the City's Growth Area and outside of the Fringe Area's North Corridor,
the agreement states that agricultural uses are preferred. According to the Johnson
County Comprehensive Plan, the Agricultural land use category envisions agricultural
uses, such as row crops and animal husbandry, with "very limited residential
development." According to the Johnson County Zoning Code, Agricultural uses are
defined as farms, nurseries and greenhouses, orchards and tree farms, with residential
uses to be restricted to two single-family dwellings on a farm 40 acres or larger.
The proposed rezoning does not align with the land use policy direction in the Fringe Area
Agreement. However, staff finds that the requested rezoning is not out of character for
the subject property and surrounding area. Staff recognizes the conflict that exists
between the County's updated Comprehensive Plan and the adopted Fringe Area
Agreement. Due to these conflicts, staff has been working with County planning staff on
updating the Fringe Area Agreement. For properties located outside of the City's Growth
Area near the subject property, the draft land use policy direction for the updated Fringe
Area Agreement will be consistent with the land use policy direction outlined in the
County's Comprehensive Plan and Future Land Use Map.
Staff Recommendation
Although the proposed rezoning does not directly align with the policies outlined in the
adopted Fringe Area Agreement, staff recommends approval of this rezoning for the
following reasons:
1. The proposed rezoning is consistent with the County's Future Land Use Map and
comprehensive plan;
2. Staff is working with County planning staff to update the Fringe Area Agreement.
Attachments:
1. Aerial Map
2. Zoning Map
3. Fringe Area Map
4. Rezoning Exhibit
Approved by: :1) '
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
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REZONING EXHIBIT
LOT 1 OF RAPID CREEK ACRES IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 29, TOWNSHIP 80 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN
JOHNSON COUNTY, IOWA
APPLICANT:
EVAN C & KRESSA J EVANS
4809 RAPID CREEK RD NE
IOWA CITY, IOWA 52240
PROPRIETOR OR OWNER:
EVAN C & KRESSA J EVANS
4809 RAPID CREEK RD NE
IOWA CITY, IOWA 52240
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LEGEND AND NOTES
— PROPERTY &/or BOUNDARY LINES
— CONGRESSIONAL SECTION LINES
— RIGHT—OF—WAY LINES
— CENTER LINES
— LOT LINES, INTERNAL
— LOT LINES, PLATTED OR BY DEED
— — — — — — — — — EASEMENT LINES, WIDTH & PURPOSE NOTED
— EXISTING EASEMENT LINES, PURPOSE NOTED
(R) — RECORDED DIMENSIONS
(M) — MEASURED DIMENSIONS
UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS
LOCATION MAP
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DESCRIPTION - REZONING "A" TO "R"
LOT 1 OF RAPID CREEK ACRES IN THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 80
NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 25 AT PAGE 17 OF THE RECORDS OF THE JOHNSON
COUNTY RECORDER'S OFFICE. SAID LOT 1 CONTAINS 13.07
ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF
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MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
APRIL 1, 2021 —7:00 PM
ELECTRONIC FORMAL MEETING
MEMBERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Phoebe Martin, Mark
Nolte, Mark Signs, Billie Townsend
MEMBERS ABSENT:
STAFF PRESENT: Ray Heitner, Sara Hektoen, Anne Russett
OTHERS PRESENT: Sandy Steil
Electronic Meeting
(Pursuant to Iowa Code section 21.8)
An electronic meeting is being held because a meeting in person is impossible or impractical
due to concerns for the health and safety of Commission members, staff and the public
presented by COVID-19.
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 7-0 the Commission recommends approval of CREZ21-0001, an application for a
rezoning from County Agricultural (A) to County Residential (R) forapproximately 13.07 acres of
land in unincorporated Johnson County, Fringe Area A —Outside of the City's Growth Area.
CALL TO ORDER:
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
CASE NO. CREZ21-0001:
Location: 4809 Rapid Creek Road NE
An application for a rezoning from County Agricultural (A) to County Residential (R) for
approximately 13.07 acres of land in unincorporated Johnson County, Fringe Area A —Outside of
the City's Growth Area.
Heitner began the staff report with an aerial view of the subject property at 4809 Rapid Creek
Road, NE and then also the County zoning. The current zoning is County Agricultural as is most
of the land surrounding this property. Heitner noted there are a few residential properties to the
northeast. Heitner stated that the subject property within the City's Fringe Area A, outside of the
growth area as is just about everything surrounding the property.
Regarding background on the application, Heitner stated it is an application to rezone from
Planning and Zoning Commission
April 1, 2021
Page 2 of 5
County Agricultural to County Residential for the entire 13.07 acres of the subject property.
Because the property is within the City's two-mile fringe area the procedural operation is the City
makes a recommendation to the County Planning and Zoning Commission as the final decision
on the rezoning falls with the County's jurisdiction. Heitner noted it is staff's understanding that
with this rezoning eventually the applicant intends to divide this land into two single family
residential lots. The subject property currently has one single family home, and the remainder of
the property is an mix of woodlands and grasslands, and there are no flood hazard areas on the
property. Heitner noted the woodland areas of the property might be a bit challenging to develop
but there's a pretty good amount of flat land through most of the rest of the property. The
minimum lot area would be a quarter acre and maximum lot area for residential would be 1.99
acres as maximum density allowed is one dwelling unit per acre. Heitner acknowledged there
are a few small subdivisions within a mile or so of the property and overall staff doesn't find that
the rezoning would be really out of character. There are also other plans to have smaller
subdivisions within a mile or so of this subject property up and down Rapid Creek Road.
Heitner stated the County's Comprehensive Plan Future Land Use Map does indicate that this
property falls within their planned residential area so the requested rezoning would be in
compliance with the County's Comprehensive Plan. Regarding the Fringe Area Agreement, it is a
component of the City's Comprehensive Plan and applies to areas outside of the City's
jurisdiction to provide guidance regarding land development within two miles of City limits. For
this specific area Heitner explained Fringe Area A is outside the growth area and while the
Agreement does state that agricultural uses are preferred, and therefore this rezoning wouldn't
align with the Fringe Area Agreement, staff believes that the requested rezoning is in align with
the County's Comprehensive Plan and a good character fit with the surrounding area.
Additionally, Heitner noted staff is working with the County on updating the Fringe Area
Agreement and the current proposed policy direction would be to align with County's Future Land
Use Map for areas outside of the growth area.
The role of the Commission and next steps is to determine if the rezoning should be
recommended for approval to the City Council, after Commission and Council consideration the
item will be brought before the Johnson County Planning and Zoning Commission.
Staff recommends although the proposed rezoning doesn't directly align with the Fringe Area
Agreement staff is recommending approval of the rezoning based on the consistency of the
rezoning with County's Future Land Use Map.
Signs noted that minimum lot size for that area would be a quarter acre and maximum lot area is
for a single lot would be 1.99 acres but obviously there's a lot more land than that so the extra
land would be placed into one or more outlots as part of the subdivision but can those outlots be
developed in the future. Heitner noted it's possible but there would probably have to be a
subsequent subdivision to meet the zoning standard there but in the short term the
understanding is that the plan would be to basically place the remainder of anything that isn't
developed as a residential lot into either open space or preservation outlots. Signs just wanted
to make sure they couldn't continue to re -subdivide recent subdivisions without further County
input.
Craig had a similar question and assumed that the house that's there is one of the lots and so if
they're just going to have one more lot then there would be outlots. Her other question is about
Planning and Zoning Commission
April 1, 2021
Page 3 of 5
the road, is it a private drive and not a County road. Heitner is not exactly sure what the
alignment of internal access will be when this gets subdivided but perhaps the applicant can
answer. Russett added at this point it is hard to contemplate what any future subdivision would
look like because right now the request is just for the rezoning and the question before the
Commission tonight is if they feel that residential land uses make sense in this area.
Hensch opened the public hearing.
Sandy Steil (MMS Consultants) is representing Preston Evan and just to reiterate what has
already said this is the rezoning and while everybody's really excited about seeing the
subdivision that is not this stage. However, to answer the question about future outlots in
general the County allows them to designate outlots for future development and then come back
in and re -subdivide. They of course have to adhere to the sensitive areas ordinance that is in line
with the City of Iowa City's Sensitive Areas Ordinance and when they do subdivision plat they will
see how that is accomplished.
Hensch closed the public hearing.
Craig moved to recommend approval for CREZ21-0001, an application for a rezoning from
County Agricultural (A) to County Residential (R) forapproximately 13.07 acres of land in
unincorporated Johnson County, Fringe Area A —Outside of the City's Growth Area.
Townsend seconded the motion.
Hensch noted it's pretty straightforward rezoning request, he did ask if staff has a projected date
when they will have the fringe area agreements updated. Russett said they had just met on the
draft agreement earlier today and hope to get it to the County planners either tomorrow or
definitely next week to take a look at.
A vote was taken and the motion was approved 7-0.
CONSIDERATION OF MEETING MINUTES: MARCH 18,2021:
Craig moved to approve the meeting minutes of March 18, 2021.
Townsend seconded the motion.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Russett had one update to just let the Commission know that the City Council has taken an
interest in looking at ways to encourage neighborhood commercial and staff submitted a memo
to Council and it's in their packet for the work session on Tuesday.
Craig asked if the City had any kind of timeline for Commission and Boards and Council to meet
in person and not online. Russett replied she has not heard anything about moving back to in
Planning and Zoning Commission
April 1, 2021
Page 4 of 5
person meetings. Russett added that City Hall is still closed to the public as well.
Signs stated he heard today about a future development as there's a piece of land for sale way
out on Herbert Hoover Highway and it's kind of a leapfrog situation but the comment was made
that one of the challenges with developing some of the perimeter areas is there's not enough
water pressure and there's a need for additional water towers and that there's a plan for that, but
there's just not enough budget in the short term plan, does staff have any knowledge on this
situation. Russett stated she has not heard anything about this. Signs said the property in
question is in the County, but can they even develop it because it'd be a leapfrog situation, and
then also there was the comment about the issues with expanding beyond Taft Avenue without
another water tower. Hensch also stated he hasn't heard anything about this.
Hensch acknowledged there will have two terms coming to an end in June and he hopes they
both reapply for the Commission. Signs will be expiring after his first term and since Elliott
replaced a member, that term is up too and Hensch hopes she reapplies too.
ADJOURNMENT:
Nolte moved to adjourn.
Townsend seconded.
A vote was taken and the motion passed 7-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2020-2021
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
7/16
8/6
8/20
10/1
10/15
11/5
12/3
12/17
1/7
1/21
2/18
3/18
4/1
CRAIG, SUSAN
X
X
X
X
X
X
O
X
X
X
X
X
X
DYER, CAROLYN
O/E
O/E
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- --
-- -- -- --
-- --
-- --
ELLIOTT, MAGGIE
-- --
-- --
-- --
-- --
-- --
X
X
X
X
X
X
X
X
HENSCH, MIKE
X
X
X
X
X
X
X
X
X
X
X
X
X
MARTIN, PHOEBE
X
X
X
X
X
X
X
X
X
X
X
X
X
NOLTE, MARK
-- --
-- --
X
X
X
X
X
X
X
O
X
X
X
SIGNS, MARK
X
X
X
X
X
X
X
O/E
X
X
X
X
X
TOWNSEND, BILLIE
O/E
X
X
X
X
X
X
X
X
X
X
X
X
X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
April 20, 2021
Johnson County Planning and Zoning Commission
913 S. Dubuque Street
Iowa City, IA 52240
RE: 4809 Rapid Creek Rd NE Rezoning, Unincorporated Johnson County
Dear Members of the Commission:
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CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa S2240-1826
(319) 356-5000
(319) 356-5009 FAX
www. icgov. o rg
The Iowa City City Council and the Planning and Zoning Commission have reviewed the
request from MMS Consultants on behalf of Evan Evans to rezone approximately 13.07 acres of
property in unincorporated Johnson County, located at 4809 Rapid Creek Rd NE from County
Agricultural (A) to County Residential (R).
The Fringe Area Agreement allows for City review of County rezoning cases for property within
two miles of Iowa City. The subject property is located in Fringe Area A — Outside of Iowa City's
Growth Area. For property located in this area, the Fringe Area Agreement states that
agricultural uses are preferred.
The proposed rezoning does not directly align with the policies outlined in the adopted Fringe
Area Agreement. However, at its April 1, 2021 meeting, the Iowa City Planning and Zoning
Commission recommended approval for the following reasons:
1. The proposed rezoning is consistent with the County's Future Land Use Map and
Comprehensive plan;
2. Staff is working with County planning staff to update the Fringe Area Agreement.
On April 20, 2021 the City Council reviewed the rezoning application and agreed with the
Planning and Zoning Commission. The City Council concurs with the Commission and
recommends that this rezoning from County Agricultural (A) to County Residential (R) be
approved.
Thank you for your consideration of our comments on this application.
Sincerely,
IJruce Teagg' ��
Mayor, City of Iowa City
Item 10.b.: Fringe Area Rezoning —4809 Rapid
Creek Road NE
CREZ21-0001
A letter to the Johnson County Planning and Zoning Commission in
support of a rezoning from County Agricultural (A) to County Residential
(R) for approximately 13.07 acres of property located in unincorporated
Johnson County at 4809 Rapid Creek Road NE.
Review Criteria
Fringe Area Rezoning:
Compliance with the comprehensive
plan
Compatibility with the existing
neighborhood
Fringe Area Agreement:
Is a component of the City's Comprehensive
Plan.
Applies to area outside of the City's jurisdiction
that are not planned for in the City's
Comprehensive Plan.
Provides guidance regarding land development
within 2 miles of the Iowa City corporate limits.
Staff relies on the Fringe Area Agreement
policies in reviewing rezonings in the fringe
area
Compliance with County's
Comprehensive Plan
Future Land Use Map identifies this area as suitable for residential
M I r Ah
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Johnson County Rezoning from County
Agricultural (A) to County Residential (R) City
Council recommendation to the Johnson
County Planning & Zoning Commission-P&Z
recommendation
Johnson County Preliminary Plat —City
Council approval-P&Z recommendation
Johnson County Final Plat- City Council
Planning &Zoning Commission
Recommendation
Although the proposed rezoning does not directly align with the policies
outlined in the adopted Fringe Area Agreement, the Planning & Zoning
Commission recommends approval of this rezoning for the following
reasons:
The proposed rezoning is consistent with the County's Future Land
Use Map and comprehensive plan;
Staff is working with County planning staff to update the Fringe Area
Agreement.