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HomeMy WebLinkAbout2012-01-10 Public hearingCity Council January 10, 2012 REZ1 1-00019 • Rezoning 4.3 acres of land located at 1920 Prairie du Chien Road from Low Density Single Family Residential (RS -5) to Rural Residential (RR -1) Zone (REZ1 1 - 00019) • • CORPORATE 1 SITE LOCATION: 1920 and 1880 Pra[r[(- du Wen 1 � J R... i.0 7q NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 10th day of January, 2012, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: An ordinance changing the zoning from Low - Density Single - Family Residential (RS -5) zone to Rural Residential (RR -1) zone for 4.3 acres of property located at 1920 Prairie du Chien Road. Copies of the proposed ordinances and resolutions are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK z NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 10th day of January, 2012, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: An ordinance changing the zoning from Low - Density Single - Family Residential (RS -5) zone to Rural Residential (RR -1) zone for 4.3 acres of property located at 1920 Prairie du Chien Road. Copies of the proposed ordinances and resolutions are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK To: Planning & Zoning Commission Item: REZ11 -00019 GENERAL INFORMATION: STAFF REPORT Prepared by: Travis Kraus, Planning Intern Date: November 17, 2011 Applicant: Gregory & Lorie Ginneberge 1920 Prairie du Chien Rd Iowa City, Iowa 52245 (319) 338 -1501 gregbassgig @aol.com Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Rezoning from RS -5 to RR -1 To change zoning so the property allows for the keeping of a horse 1920 Prairie du Chien Road and 1880 Prairie du Chien Road 4.3 acres Residential, RS -5 North: Interstate 80, City Limits South: Pipeline, (RS -5) East: Public open space (P -1) West: Residential, (RS -12) Public /Private Open Space October 24, 2011 December 8, 2011 The applicants, Gregory and Lorie Ginneberge, are requesting a rezoning from Low Density Single Family Residential (RS -5) Zone to Rural Residential (RR -1) Zone for two parcels located at 1880 and 1920 Prairie du Chien Road. The property at 1920 Prairie du Chien has a single - family residence and a 30'x 45' pole building toward the rear of the lot. The adjacent property at 1880 Prairie du Chien has no buildings and is not likely to be used for single - family residency due to its unusual dimensions and topography. As the applicant explains in their statement, most of their acreage is unusable for development purposes and they would like to have the opportunity to use some of the land as pasture for a 2 horse. They also believe that rezoning it to Rural Residential will make their property more marketable if they were to sell it in the future. The applicant has indicated that they have used the "Good Neighbor Policy" and have had discussions with neighborhoods within 300 feet of their property. ANALYSIS: Zoning and Comprehensive Plan The proposed Rural Residential Zone (RR -1) is intended to provide a rural residential character for areas in the city that are not projected to have utilities necessary for urban development or that have sensitive environmental features that preclude development at urban densities. The principal uses allowed in the proposed RR -1 zone would be consistent with the current RS -5 zone for the property with the addition of agricultural and animal related uses being allowed as permitted or provisional uses. The RR -1 zone requires a minimum lot area of 40,000 square feet compared to 8,000 square feet required in the RS -5 zone. The minimum lot width is 80 feet in the RR -1 zone and 60 feet in the RS -5 zone. Structures for the shelter of horses are permitted in the ID zones and RR -1 zone as accessory uses, but not in other zones. A minimum lot area of 2 acres is required for the first horse plus one acre for each additional horse. In the RR -1 Zone, certain regulations apply to allowable animal - related uses. In particular, any outdoor facilities, including unenclosed stable areas and animal exercise areas must be setback at least 100 feet from any lot line. The North District Plan Map indicates that due to the limited development potential of the property for residential uses because of topography, the proximity of the Interstate 80 and the adjacency of a major gas pipeline easement that it would also be suitable as public or private open space. The proposed RR -1 zone would be consistent with maintaining more of the property as private open space. Compatibility with neighborhood The property is located on the edge of the city boundary. Because it is bordered by Interstate 80 to the north, public land to the east, and largely by a pipeline easement to the south, the area is not well- suited for further residential development. The ordinances for general animal - related uses identify setbacks for facilities and outdoor animal exercise areas, limiting exposure of the animal - related uses to the surrounding neighborhood. In staff's opinion the neighboring properties within 300 feet are not likely to be adversely affected by the rezoning. SUMMARY The size and location of the property appears to be consistent with rural residential character. The zoning of this property to RR -1 in order to maintain a large portion of the property as private open space is consistent with the Comprehensive Plan. Within the guidelines established by the ordinances, the opportunity to keep animals will enhance the ability for the property owners to utilize and enjoy their land. 3 STAFF RECOMMENDATION: Staff recommends approval of REZ11- 00019, a rezoning of approximately 4.3 acres on two parcels at 1920 Prairie du Chien Road and 1880 Prairie du Chien Road from Low Density Single Family Residential (RS -5) to Rural Residential (RR -1). ATTACHMENTS: 1. Location Map 2, Applicants' Statement Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development dim CL m , N LU co s P N �y iC i cn l fa fo P .1 i' o co ry O CL o 0 a o N G U= r a (n o �_ W We are requesting to have our property rezoned from RS5 to RR I, rural residential, due to the lack of development potential for our land because of easements on our and Interstate 80 that borders our land on the north, the lay out and unusual dimensions and the difficulty of getting utilities for development. This would also give greater opportunity for resale to our home as RR1 for the next family to be able to enjoy and use the full acreage. We have invested a great deal into our home and yard in the 10 years we have lived here, but have never been able to use the extra land for anything but over growing weeds. We would very much like to enjoy and gain as much from our land and home as possible. We, or future owners, would enjoy our property of 4+ acres by being able to have a horse. We have several grand children and 2 younger children that would greatly enjoy having a horse. There is a pole barn on the property that could be used for housing the horse. We have contacted all of our neighbors within 300ft that was on the map from the Johnson County Auditors office and some that were not required that we felt were close to our property as a good neighbor act. There are no objections for us or future owners to have a horse. The horse would not graze near Prairie Du Chien, since the best place to graze is behind the 2 acre empty lot owned by Mid American Energy Co., which is south of us. (Please see map) This is about a 3 acre parcel east of our house and not the front acre+ the home sits on. As of now, our land is fenced off from Interstate 80 and Prairie Du Chien Road. We would install all required fencing by the city to contain the horse, when we get one. If we would sell the property, the new owner would be informed of the requirements. We would deeply appreciate your consideration in granting our request. Sincerely, Greg & Lorie Ginneberge 4' 4� NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 6th day of December, 2011, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. An ordinance conditionally changing the zoning from Neighborhood Residential Stabilization (RNS -12) zone to Central Business Service (CB- 2) zone for approximately .34 acres of property located 221 and 225 N. Linn Street and 223 E. Bloomington Street. 2. An ordinance conditionally changing the zoning from Low Density Single - Family Residential (RS -5) to Low Density Multi - Family Residential (RM- 12) for approximately .88 acres of property located at 2218 Rochester Avenue. Copies of the proposed ordinances and resolutions are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK �o t Marian Karr From: Bob Miklo Sent: Friday, January 06, 2012 1:12 PM To: Marian Karr Subject: FW: Allen Homes, Linn & Bloomington Project From: Duane Musser [ mailto :D.musser @mmsconsultants.net] Sent: Friday, January 06, 2012 12:42 PM To: Bob Miklo; Karen Howard; Janet Dvorsky Cc: Jesse Allen; Laurie Thomae Subject: Allen Homes, Linn & Bloomington Project Jesse Allen requests that this application be withdrawn from the upcoming council agenda. thank you Duane A. Musser, A.S.L.A. Landscape Architect /Partner MMS Consultants, Inc. Office: (319)351 -8282 Cell: (319)631 -2701 d.musser @mmsconsultants.net www.mmsconsultants.net Your Vision + Our Innovation = Inspired Results This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. The City has received 98 emails in response to a change.org petition regarding REZ11 -00012 the proposed rezoning of properties located at 221 and 225 N. Linn Street and 223 E. Bloomington Street. (A sample petition appears below). Greetings, I just signed the following petition addressed to: The City of Iowa City. --------------- - Refuse the application to rezone 221 and 225 N Linn St and 223 Bloomington This rezoning request would permit the building of a 3 -story apartment /commercial building. The building's proposed size, height, and residential density are incompatible with the residential character of the Northside neighborhood and the "Main Street" commercial character of Northside Marketplace as well as with the City's downtown development plan and the wishes of the Northside Neighborhood Association. We SUPPORT development that preserves the scale and land use characteristics of Northside Marketplace's commercial district: small, owner - occupied buildings with ground floor commercial establishments and a second story of residential use. Sincerely, Rya Dunnington Iowa City, Iowa Note: this email was sent as part of a petition started on Change.org, viewable at www.changeorg/petitions /stop- overdevelopment -on- the - north -side. To respond, email responsesLa)change.org and include a link to this petition. I NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 10th day of January, 2012, at 7:00 p.m. in the Emma J. Harvat Hall of the Iowa City City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution Authorizing Conveyance of 410 Douglass Street, also described as Lot 10, Wise Addition, Iowa City, Iowa, to an income - eligible family. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above - mentioned time and place. MARIAN K. KARR, CITY CLERK CITY OF IOWA CITY MEMO RA - -- - N�uM Date: December 20, 2011 To: Tom Markus, City Manager From: Erika Skemp, Community Development Project Coordinator Re: UniverCity Agenda Item - January 10, 2012 Introduction: On January 10th, City Council will be holding a public hearing and voting on a resolution to authorize the conveyance of 410 Douglass Street as part of the UniverCity Neighborhood Partnership Program. History/Background: The grant for the UniverCity Program allows the City to purchase twenty -six rental units located in designated neighborhoods surrounding the University and downtown, rehabilitate them with up to $50,000 in grant funds and then sell them to income - eligible buyers. This will be the 14th home sold as part of the program. The remaining 12 homes are currently under renovation. The home at 410 Douglass Street sat vacant for six years prior to being purchased by the City and had numerous deferred maintenance issues. Improvements to the home are highly visible and the property is now an asset to the neighborhood and to the community. Under the UniverCity Neighborhood Partnership Program, the City proposes to sell 410 Douglass Street for $105,000. The sale price includes the amount that the City paid to purchase the home ($63,000) plus "carrying costs" of $42,000. "Carrying costs" are all the costs incurred by the City to acquire the home, maintain it and sell it, including abstracting and recording fees, interest on the loan to purchase the home, mowing and snow removal, utilities, real estate taxes, and any costs in excess of $50,000 to repair and rehabilitate the home. Carrying costs are high for this home due to renovation expenses which include garage demolition and reconstruction, all new kitchen and bathroom, a new roof, and new siding. The buyer is a University of Iowa employee and will be receiving down payment assistance from the University in the amount of $5250. Statement of Fiscal Impact: The assessed value of 410 Douglass Street at the time of purchase was $102,100 and the sale price is $105,000. It is likely that the assessed value will increase resulting in an increase in the tax base. There will be no impact on the General Fund for ongoing operating expenses. Recommendation: This home was in need of extensive repair and after the renovation it has become an asset to the neighborhood and to the community. Staff recommends that you approve the resolution to authorize the conveyance of 410 Douglass Street as part of the UniverCity Neighborhood Partnership Program. December 20, 2011 Page 2 410 Douglass Street — Before /After Renovation Photos Exterior Before Exterior After Garage Before Garage After Kitchen at the time of purchase Kitchen After NOTICE OF PUBLIC HEARING ON A RESOLUTION AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT TO MIDAMERICAN ENERGY ACROSS RALSTON CREEK LOCATED WITHIN A PORTION OF LOT 1, BLOCK 20, COUNTY SEAT ADDITION, IOWA CITY, IOWA. TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on its intention to convey an underground utility easement to MidAmerican Energy at 7:00 p.m. on the 10th day of January, 2012, said meeting to be held in the Emma J. Harvat Hall in the City Hall, 410 E. Washington Street in said city, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Said resolution and easement agreement are now on file in the office of the City Clerk in the City Hall in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said easement agreement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK r �'V p �r CITY OF IOWA CITY -2- MEMORANDUM - DATE: January 5, 2012 TO: Tom Markus, City Manager FROM: Ron Knoche, City Engineer RE: Utility Easement Agreement with MidAmerican Energy Company — January 10, 2012 Introduction: MidAmerican Energy Company desires to install a buried electrical transmission line within City of Iowa City property located within a portion of Lot 1, Block 20, County Seat Addition, Iowa City, Iowa. History/Background: This electrical transmission line is being requested to enable MidAmerican Energy Company to provide electrical service to new construction in the area. The existing electrical transmission facilities in the area will not support the new construction. Discussion of Solution: To enable MidAmerican Energy Company to install said electrical transmission lines, staff has drafted a Utility Easement Agreement between the City of Iowa City and MidAmerican Energy Company. This Agreement will allow MidAmerican Energy Company to install, operate, and maintain an electrical transmission line within City of Iowa City property. Financial Impact: Staff has negotiated a fee of $740 for the purchase of the easement to be paid by MidAmerican Energy Company. Recommendation: Staff recommends the authorization of the Easement Agreement with MidAmerican Energy Company at the January 10, 2012 council meeting. cc: Rick Fosse, Public Works Director