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HomeMy WebLinkAbout1988-02-09 Public hearingNOTICE OF PUBLIC FEARING Notice is hereby given that a public hearing will be held by the City Council of Ioaa City, Iowa, at 7:30 p.m on the 9th day of February, 1980, in the Council Chanbers of the Civic Center, Iowa City, Iowa, on the following item: 1) An ordinance to rezone Lots 20, 21, 50-54 Bailey and Beck's Addition and the farmer Howard Street right-of-way from RS -8 and P to CI -1, Crnrter- cial Intensive. This property is the former Iowa Oepartnent of Transportation maintenance facility located on Highway 1 West. Copies of the proposed ordinance are on file for public emnination at the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known or to suggest changes for City Council consideration before adoption of the ordinance should appear at the hearing. MAN K. KARR, CITY 011, CRDItwa NO. AN Wja "I TIE 16E �ti AVO �ZONI pAG IWXE BY CVt& ATH 0` HIGUY I g�R CERTAIN A��LLER AVE- TIE ED THE C1Ty COIlICII CF I. 70114 CITY. IOWA, 1fREBY FIN(); I. The property descr,bEd in Section I below has or nett have beaitclassified public (P th re- flect ) miintenance facility by use of P°party as a 2• A private entity has the State of Iowa, asZoninrequiredto a cle sificc tion at ed than P Section 36.30( the Iaa City Code of Ordinances 3. The (g)(1). tien��cial Intensive (CI-1) zone classifica- heighbor� c is conRit�ible with existing y frontage dial , because of its ateltialy se cotma'cip tathernXV tha ses; rid i- bufferi int zone Prwi�n resluate adjacent silent' intensive es. cial � and residential IT al PropO ties, CF�hElCM OF'10,M � IT OUINED BY ITE CTTY COIIICIL P tips t�� I' e zc IOWA,n9 classification of Y�cscribed below ",..hereby at the Public (P)1 ad 1bsi�Cltial Single -Family (F6 B) C All Comiercial IntensiLots ve to Beck'sfAdd tion to 50-54 of Bailey and Ione, arcl the form City of Iaa City, Avonue betteen the rtghtrorf ya eet right- Hxison Avenue. Y of Miller torSE CNII, M4P hereby authortz The Building Inspec- zoning map and directed the to th9s�P of the City of Io„a Cit ,�oths Change publicationofth- �in�al passa3e, Q to CaPPrOvonform City III. CERTIFICATION as Provided by law, is RECOfmIhG. The certify a copy of this o on1Z tree to recorded in the office rdinantce thich shall be bM CT CO ONLrI Y, Iona, of the Conty Recorder of SECTION IV. pE of inarices in cam: All ordinances and rts this Ordinancelot with the pr wisions� of SECTION yaErYER reb rePealed. Sion o• par o is Ty: If any section be invalid Inane shall . provi- o inconstitutional, such beadju�aattion Ordinance Ib. Pace 2 shall not affect the validity of the Ordinance as a 'We or any section, provision or part thereof not be adjudged be CT"' V" EFFECTIVE 04TE: This Ordinance shall in effect after its final passage, apprwal and publication as required by law. Passed ab approved this ATTEST: M4YOR CITY CL--- EW M STAFF REPORT To: Planning & Zoning Commission Item: Z-8711. Highway 1, Hudson Avenue and Miller Avenue GENERAL INFORI4ATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: 45 -day limitation period: BACKGROUND Prepared by: Karin Franklin Date: January 7, 1988 Iowa City Landscaping 705 Highway 1 West Iowa City, Iowa 52240 Rezoning. To relocate a plant nursery. North of Highway I, between Miller and Hudson avenues. 1.32 acres Maintenance garage for the Iowa Department of Transporta- tion; P and RS -8. North - Residential; RS -8. East - Residential and Retail Commercial; RS -8 and CC -2. South - Commercial; CI -1 and CC -2. West - Commercial; CC -2. General commercial. February 1, 1988. Iowa City Landscaping is requesting the rezoning of a 1.32 acre site north of Highway 1 West between Hudson Avenue and Miller Avenue. The site has been owned and used by the Iowa Department of Transportation (TOOT) for a number of sven stallga ageaand grounds maintenance arevacant. The yapplicant wlshesetoxpurchaseethe site to relocate their existing plant nursery operation from 705 Highway 1 West. The IOOT parcel is presently zoned P, Public zone and RS -8, Medium Density Single -Family Residential zone, neither of which permit a plant nursery. (The portion of the property zoned RS -8 should have been desig- nated P for the duration of IDOT's ownership of the land.) Upon convey- ance of the land from IDOT to a private entity, the zoning must be changed /I9 regardless of the use. Plant nurseries, such as Iowa City Landscaping, are permitted as -of -right in the CI -1, Intensive Commercial zone, Section 36-23(b)(16). In the attached letter dated December 17, 1987, Larry Schnittjer, on behalf of the applicant, is requesting expedited considera- tion of this application. LTUA W 161 Two factors which need to be evaluated in considering the appropriateness of this request are 1) the Comprehensive Plan designation for this general area, and 2) the land use relationships established through the rezoning. An evaluation of each of these factors follows. Comprehensive Plan: rhe short-range development sequence of the Comprehensive Plan shows commercial uses along Highway 1 West from Riverside Drive west to encom- pass the existing commercial uses west of Miller Avenue. Within the immediate vicinity of the site, properties to the east, west and south of the site along highway 1 are designated for general commercial land use. The site is presently recognized as public/semi -public based upon its use as a state-owned maintenance facility. The area to the north of the site is recognized by the Comprehensive Plan for residential land use (2-8 dwelling units/acre) and is fully developed. Although the site is designated Public on the Plan, the property is in- cluded in the general area along Highway 1 shown on the Comprehensive Plan for commercial development. The Comprehensive Plan is intended as a general guide for land development and may be interpreted with flexibility at the boundaries of designated uses. An amendment to the Plan should, therefore, not be necessary. Based upon surrounding land use patterns and the site's frontage on and access to Highway 1 West, the proposed rezoning is consistent with the commercial designation of the Comprehensive Plan for properties along the highway. Relationship to Neighboring Properties: In evaluating the impact the proposed rezoning will have on neighboring properties, it is necessary to consider all the uses permitted in the zone under consideration and whether they will have a deleterious effect on adjacent properties that cannot be ameliorated. The CI -1 zone permits a range of uses from offices to small scale light manufacturing. The zone is intended to provide areas for uses which need outdoor display and storage. The uses permitted may generate truck traf- fic, noise and outdoor activity. The impact these factors have on adja- cent properties can be ameliorated in many cases by the location of the use and the imposition of performance standards. In this particular case, the fact that the site is over an acre in size and abuts two local streets and a major highway permits the development of the site for any use in the CI -1 zone with provision made to address those aspects of the use which may be less desirable near residential uses. Any traffic generated by the use can be accommodated by access to the southern extremities of either Hudson or Miller Avenue and to Highway 1 via these streets so that commercial traffic will not be compelled to use the resi- dential streets to the north. Traffic from the west may use Benton Street to Miller or Hudson Avenues to access the site, however, traffic from the north, east and south using Riverside Drive, Hwy 6/1 and Old Highway 218 to reach this commercial area should find access from the Highway conven- ient and desirable. The site is of sufficient size to allow a building location which can shield or buffer the residential uses from the commercial activity. Simi- larly, sufficient land exists for the development of the site and provi- sion of a generous vegetative buffer along the northerly and northeasterly property lines. The minimum performance standards of Section 36-76 of the Zoning Ordinance will be required; this includes a planting screen between any commercial use and any residential use of arbor vitae planted four feet on center and reaching maturity of at least six feet. Additional screening may be required, if deemed appropriate, through a conditional zoning process. Smoke, particulate matter, toxic matter, odor, vibration, glare and storage are also addressed in these standards. STAFF RECOMMENDATION The staff recommends approval of the request to rezone the IDOT mainte- nance facility site from P to CI -1. ATTACHMENTS 1. Location map, 2. Letter dated December 17, 1987 - Schnittjer. 3. Site survey. a Approved by: 11111/ CiJriJ onald Schmeiser, Director Department of Planning and Program Development Wis P M MMS CONSULTANTS, INC. 465 IOWA HIGHWAY N2.1 WEST . IOWA CITY . IOWA 52240-3195 319.351-8282 s December 17, 1987 Karin Franklin, Sr. Planner City of Iowa City, Department of Planning & Program Development 410 E. Washington Street Iowa City, Iowa 52240 Roe q0. Mickelson LS. carry P. Scnnptler LA. Chrlslopeer M.Slepn.n P.E. Lee J. Tlppe P.E. D... E. Pelenak LS. poeyln P. FFWOftk LS.. U.T. Re: Z-8711, Rezoning Request by Iowa City Landscaping for the "LD.O.T Maintenance Facility Site" Dear Karin: LD.O.T. accepted the bid for the above tract submitted by Iowa City Landscaping on December 16, 1987. The Owners of Iowa City Landscaping desire to make certain improvements to the property as soon as possible, so that the property will be ready for occupancy by their business at the onset of the 1988 Spring Planting Season. Therefore, as requester) by the Owners, l am requesting that consideration be given to expeditive actions in the review and approval proceedings where Possible. If you have any questions regarding the application, or if additional information is required, please feel free to contact me accordingly. Respectfully submitted, MMS Consults ts, Inc. Larry R. Schnit&r cc: Paul & Dennis Dykstra Iowa City Landscaping 500 I ., REZONIING APPLICATION LOCATION MAP (Former I.D.O.T. Maintenance Facility) Existing Zoning: P (Public) and RS -8 (Residential) Requested Zoning. CI -1 (Intensive Commercial) Requested by: Iowa City Landscaping 0 Y M II -SET IRON PIN DATE DRAWN 2-16-B7 scnst I'I =50' /99 IOW), .,EPARTMENT OF TRANSPORTATIOJ,1 a RIGHT OF WAY PLAT x`11 COUNTY JOHNSON EXHIBIT "A" PROJECT NO. EN-000-010001--0I-52 TOSTATE CONTROL No SECTION 16 PARCEL ROW -fEE TOWNSHIP- 79N AC, EASE �RANCE N0.10600 —xH-W ACpU1REDF _��-- .C. H4�A,�AC, — EXCESS-fEr I-32 .- II -SET IRON PIN DATE DRAWN 2-16-B7 scnst I'I =50' /99 I J NOTICE OF PUBLIC DARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 9th day of Febrvary, 1983, in the Council Chanbers of the Civic Center, Iowa City, Iowa, on the following item: An amendment to the Zoning Ordinance to permit canopies over gas pimp islands in the required front Yard. Copies of the proposed amerudrent are on file for public examination at the Office of the City Clerk, Civic Center, Iowa City, Iowa. persons wishing to make their views knam or to suggest changes for City Council consideration before adaption of this amendment should appear at the hearing. MARIAN K. KW, CITY QM ORDINkNCE NO. AN ORDINANCE TO **ENO CHAPTER 36-68, PER11TTED OBSTRLCTIONS IN YARDS, TO PERMIT GAS PU4P CANOPIES. WHEREAS, canopies over gas pulp islands have becone a popular means of protecting customers from adverse weather conditions; and WFEREAS, such canopies are generally supported by colunns centered in gas pulp islands and are open on all sides; and W}ERFAS, generally canopies do not obstruct vision between vehicles or pedestrians and vehicles; and WFEREAS, generally canopies do not significantly add to an appearance of congestion or impair the use of adjacent properties. NOW, THEREFORE, BE IT ORDAINED BY TfE CITY COLN- CIL OF THE CITY CF IOWA CITY, THAT: SECTION I. AAEND ENT. Section 36-68 is amended by adding the following subsection: (b.l) Canopy, gas pep island. Dienclosed canopies MO, gas pup is�laTmay be located in the required front yard provided the supports shall be no closer than 10 feet to the right- of-way line. SECTION II. WHALER: All ordinances and parts of ordinances in con act with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY: If any section, provi- sion or parT-ot thepar-o Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall rot affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this ATTEST: CITY CLERC 0 By 7 070/ It was moved by and seconded by that the Ordinance be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Dickson Horowitz Larson McDonald Strait First Consideration Vote for passage: Second Consideration Vote for passage: Date published i d o/ Y City of Iowa City MEMORANDUM DATE: January 18, 1988 TO: Planning E Zoning Commission FROM: Karin Franklin, Senior Planner.' RE: Amendment to Ch.36-68 1 The proposed ordinance amendment is in response toa number of requests which have come before the Board of Adjustment for modifications of the front yard requirement to permit the construction of canopies over gas pump islands. The staff and the Board have consistently found the construction of such canopies to be compatible with the public interest and to have little or no effect on adjacent properties. The yard modifications have all been approved. Since it appears to be the case that these types ofcanopies are consistent with the intent of the Zoning Ordinance to keep the front yard free of obtrusive structures, the staff recommends that gas pump island canopies be permitted in the front yard. Approved by: - C —;-Lll�llGCcr1�� Don Schmeiser, Director, Dept. of Planning and Program Development 4* ®/ NOTICE OF PUBLIC FEARING TO CMIDER AN ORDINANCE To REZM PROPERTY LOCATED AT 808 S. DUEMQIlE STREET' FROM CI -1, INTENSIVE COMMERCIAL ME TO P, PUBLIC WE. Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.rrL on the 9th day of February, 1988, in the Civic Center Council Chambers, Iowa City, Iowa, at which hearing the Council will consider an ordinance rezoning a parcel of land located at 808 S. Dubuque Street from ON to P. Copies of the proposed ordinance are on file for public examination in the office of the City Cleric, Civic Canter, Iowa City, Iowa. Persons wishing to make their views known for City Council considera- tion are encouraged to appear at the above-mentioned time and place. MARTIN K. KARR, CITY CLEW 0Z0 0Z. I AN ORDINANCE AYEPDING W ZONING ORDIWrE BY Di G- ING W USE REOAATIONS OF CERTAIN PROPERTY LOCATED AT 808 SO(M DL6LS)lE STFM. k EFM, the property located at 8D8 Soutt DbucW Street is located in an area zoned CI -1, Intensive Cmmercial Zone; and 1hfFM Section 36-30(g)(2) of the Zoning Ordi- nance indicates that lard owned or otherx se con- trolled by a governtrental entity must be rezoned to the Public (P) Zane; and MUM, surrounding land use patterns reflect the intensive commercial nature of uses permitted in the CM Zone; and WFERFAS, it is found that the use of the subject Property by Johnson Canty as an ambularre service will not be incompatible or conflict with other uses permitted in the CI -1 Zone. IOW, MUM, BE IT 01ZDAI ED BY TFE CITY CO,N- CIL OF IM CITY, IOWA: SECTION I. ZONING Abf UEM: That the property descnBiTow is er reclassified fran its present classification of CI -1 to P: The north 37 feet of the south 45 feet of Lot 7, Block 28, County Seat Addition to lava City, Ios, according to the recorded plat thereof. And also conveying the north 35 feet of Lot 7. SECTION lI. ZONItD W1P. The Building Inspector is y a tz irected to change the zoning map of the City of Inas City, los, to conform to this arendnent upon final passage, approval and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AM PECOIDING. The City C ark is herebyauthortz and directed to certify a copy of this Ordinance thich shall be recorded at the Office of the Canty Recorder of Johnson Canty, Iowa, upon final passage and publication as provided by law. SECTION IV. REPEALER: All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTTOI V. SEVERABILITY: If any section, provision Or Part OT 6FIR—inance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a tihole or any section, Provision or part thereof not ad- judged invalid or unconstitutional. Ordinance No. Page 2 SECTION VI. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required ty lar. . Pas;al. arq approved this MYCR�— ATTEST: CITY CLEW a V a STAFF REPORT To: Planning 3 Zoning Comnission Prepared by: Barry Beagle Item: Z-8712. 808 S. Dubuque Street. Date: January 20, 1988 GENERAL INFORMATION Applicant: City of Iowa City Requested action: Rezoning from CI -1, Intensive Commercial Zone to P, Public Zone. Purpose: To conform to the Iowa City Zoning Ordinance to permit Johnson County to operate an ambulance service from the site. Location: Formerly the site of Fisher's Auction Service on the east side of Dubuque Street across from Hawkeye Lumber Company. Site address: 808 South Dubuque Street. Size: 10,800 square feet. Existing improvements: 4,320 square foot building and accompanying parking area. Existing land use and zoning: Commercial; CI -1. Surrounding land use and zoning: North - Multi -family Residen- tial/Commercial; CI -1. South - Multi -family Residen- tial; CI -1. East - Undeveloped; CI -1. West - Commercial; CI -1. Comprehensive Plan: Commercial, Intensive. 45 -day limitation period: February 11, 1988. ANALYSIS The site of Fisher's Auction Service at 808 South Dubuque Street was recently purchased by Johnson County to transfer the location of their ambulance service from 719 South Capitol Street. Due to limited space, Johnson County was forced to seek a new location in which all three ambu- lances could be housed within a building. No substantial changes to the property are proposed by the ambulance service. A parking area exists to the rear of the building and is accessible by a north -south alley which extends between Benton Street and Lafayette Street. Section 36-30 of the Zoning Ordinances indicates that any land which is owned or otherwise controlled by a government entity will be designated a Public Zone (P). Land which is acquired by a government entity must, therefore, be rezoned to P in accordance with the procedures of Section 36-88. Publicly owned land is not subject to the ordinary requirements of the Zoning Ordinance with respect to use, size, setback, performance stan- dards, etc. Recognizing that publicly owned land is, in essence, "unregulated" the potential impacts and land use relationships need to be considered. The site is part of an established intensive commercial area south of downtown. Surrounding land use patterns reflect the intensive commercial nature of uses permitted in the CI -1 zone. Staff does not anticipate that the operation of an ambulance service will conflict with or be incompatible with the nature of surrounding properties. Access to the site is from an alley to the rear of the building which intersects with Denton Street and Lafayette Street and should not normally affect traffic movements on Dubuque Street. The multi -family uses north and south of the site will be impacted to some degree by ambulances responding to calls, especially at night. Dwelling units permitted in the CI -1 zone are subject to the noise and activities normally associated with uses in the CI -1 zone which are typically characterized by outdoor display and storage of merchandise, outdoor commercial amusement and recreational activities, repair of motor vehicles, etc. The relative difference be- tween the ambulance service responding to a call and other commercial uses permitted in the CI -1 zone is negligible. The ambulance service does not anticipate any major changes to the property and the existing building will be retained. Economic Impact: Having been acquired by Johnson County, the 10,800 square foot lot will be removed from the tax rolls. For the current tax year, the land and building has an assessed value of $119,460, generating approximately $1,380 annually in taxes to the City. There will be no direct public costs associated with this proposal. STAFF RECOMMENDATION Staff recommends that the proposed rezoning of 808 South Dubuque Street from CI -1 to P be approved. ATTACHMENTS Location Map. Legal Description. l Approved by: Dq ald Sc meiser, Director Department of Planning and Program Development I All 0 cr oa�DD 28 1987 MARIAN K. KARR CITY CLERK (3) I REAL ES -':;I: Tf:. s TAX PAM Yy� :4.I ; WARRANTY DEED For the oOrtsideri uon dE-0ne------------------ Fn Fn no WJ39 "; = - 070EC-7 FI12gg - `r�•r. N(•. .. L do hereoy Caweyb Johnson Coun[ lova a Munacs al Cor raeion Db lolowing described real eslaleth Johnson Counrylewa: The North 37 feet of the South 45 feet of Lot 7, Block 28, County Seat Addition to Iowa City, Iowa, according to the recorded Plat thereof. And also conveying the North 35 feet Of said Lot 7. Granters do Hereby Covenant with grantees, arta sumessors in interest, mat grantors hold the real estate by Iree in lee simple: mal Indy have good and Ialful aulltonty to sell arta COmey the real estate; that line( teal eslalek Reeand Clear of all liens and Encumbmncirs except as may bo above stated; arta grantors Covenant to Warrant and Defend Ino real cable sagas":' the tawlul claims of all Persons except as may be above staled. Each of Ino uMeDefend hereby felirlGUlShDa ell rgh6 of dower, homesiead and diaoibNive,halo in and to mo real esL E WordsCW Phrases heroin,ioobtlingadm to the enl hereof, shall be COnsuuOd as in the singular or plural number, tub as masw6rw w feminine geMer, sarmrd�ng to the Cenle4 STATE OF IOIJA JOHNSON 0: COUNTY, Onitus_Z dayof December Ig B7. before MO. the unaersrgned, a Notary Pudic In am farswd Sale, per,anally appeared _� Larry P. Waters and lea c[ M _ waters, husband and wife b me known to be Iha identical parsons named in alb wrU ernnedJne-rE1NO-ng msuument and acknowledged d`DEulVWAne Same "Mir wfunbry, an and ftea Nolary Publ¢ DaIM:_ December 7 ]987 LLaarry/P. 'Waters (Gramw) eanette H. Waters (Gmmwl IGranlw) '� —'ar-388741— l frr,rtrnrl lel WAIVIA DEED A -.w •^r.,. iw.a NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held on Tuesday, February 9, 1988, in the Council Chambers, Civic Center, 410 E. Washington Street, Iowa City, Iowa. 4034.28, State Code of Iowa, requires this Public Hearing prior to undertaking these housing projects. The Iowa City Housing Authority intends to apply for approxiaetely sixty- two (62) Section 8 Existing Housing vouchers our certificates. Fifty (50) will be free-standing and 12 will be in support of the Rental Rehabilitation Program. If approved, these units will be an exten- sion of the present Section 8 Housing Assistance Paymaits Program now adninistered by the Iowa City Housing Authority. The units range in size from one to three-bedroom units. Eligible families will pay 30% of family income for rent. Funds for the Hous- ing Assistance Payments will be provided by the Deparbrent of Housing and Urban Development. The specific dollar mount is not knon at this time. For additional infmmetion, contact the Housing Coordinator at 356-5404. MAN K. KARR, CITY CLEW, w