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HomeMy WebLinkAbout1997-01-28 Recommendation / CITY OF I0 WA CITY January 28, 1997 Sally Stutsman, Chair Members of the Board of Supervisors 913 S. Dubuque Street Iowa City, IA 52240 Dear Sally and Members of the Board: The City has reviewed a request from Richard Borchard to rezone 1.99 acres of a 40 acre tract from A-l, Rural, to RS-3, Suburban Residential, for property located at 4819 Rapid Creek Road. Although the applicant has requested RS-3 zoning the area proposed for rezoning equals only 1.99 acres. Because the RS-3 zone requires a minimum lot size of 3 acres, the area to be rezoned should be expanded to include a total of 3 acres. At its January 16 meeting, the Planning and Zoning Commission recommended that the rezoning be approved provided that the area being rezoned equals 3 acres. The Council concurs with the Planning and Zoning Commission's recommendation and advises that the request to rezone property located at 4819 Rapid Creek Road from A1, agricultural, to RS-3, residential, be approved provided that the area being rezoned equals 3 acres. Sincerely, Naomi J. Novick Mayor Im\nn1223.doc 410 EAST WASHINGTON STREET · IOWA CITY. IOWA J2240-1126 · (311~) 35&-$000 · FAX ,3ol City of Iowa City MEMORANDUM Date: January 16, 1997 To: Planning & Zoning Commission From: Robert Miklo, Senior Planner Re: CZ-9663. Borchard Rezoning for 4819 Rapid Creek Road, N.E. Johnson County has received a request from Richard Bornhard to rezone a 1.99 acre portion of a 40 acre tract located on the south side or Rapid. Creek Road, from A-l, Rural, to RS-3, Suburban Residential. Although the applicant has requested RS-3 zoning the area proposed for rezoning equals only 1.99 acres. Because the RS-3 Zone requires a minimum lot size of 3 acres, the area to be rezoned should be expanded to include a total of 3 acres. In the letter submitted with the application the applicant indicates that he would retain ownership of 8 acres of the 40 acre parcel and that 32 acres would be transferred to an adjacent property owner. The applicant currently owns the house located on the 8 acre tract which he proposes to retain. This property is located within Fringe Area A, but outside the City's currently adopted long-range growth area. The Fdnge Area A policy indicates that rezonings from A-1 to RS-3 should be considered on a case by case basis. The proposed rezoning would appear to comply with the adopted Fdnge Area agreement, provided that the area to be rezoned is expanded to 3 acres. If approved the proposed rezoning would not result in any additional residential development in this area. It would allow the applicant to retain an existing residence on a lot which is smaller than the existing 40 acre tract. As indicated in the attached letter the applicant proposes to transfer the remaining 32 acres to an adjacent property owner. The applicant's letter also refers to private covenants which further restrict the development of the 32 acres. Because these covenants can not be enforced by the City or the County, they should not be a consideration in the rezoning of this property. Staff Recommendation Staff recommends that the City forward a letter to the Johnson County Board of Supervisors recommending approval of CZ-9663, a request to rezone property located at 4819 Rapid Creek Road, NE from A-1 to RS-3 provided that the area being rezoned equals 3 acres. Attachments: Location map Applicant's letter Approved by: ~Ka~ Franklin, Director Planning & Community Development