HomeMy WebLinkAbout1986-11-18 Public hearingT
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NNICE OF R81C WARM
fbtice is hereby given that a public hearing
will be held by the City Council of Iona City, Iona,
at 7:30 pm. on the 4th day of Novenbe^, 1986, in
the Civic Center Cantil Chaibers, Ima City, Iom;
at vhirh hearing the Cotwil will consider an ordi-
nance to rezone property located at 401 S. Gilbert
Street frau CC -2 to CB -2.
Copies of the pnposed ordinance are an file for
public eacanination in the office of the City Clerk,
Civic Center, Iava City, Iow. Nrsons wishing to
peke their view known far Council consideration are
encouraged to appear at the above-rnantioned time and
place.
M4RIAN K. M. CITY UM
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City of Iowa City
MEMORANDUM
Date: November 13, 1986
To: Mayor Ambrisco and City Council
From: Monica Moen, Associate Planner /0*/
Re: Request to Rezone the Property at 401 South Gilbert Street from CC -2
to CB -2
At the Council's November 4, 1986, public hearing on the request to rezone
the property at 401 South Gilbert Street from CC -2 to CB -2, some Council -
members were concerned that rezoning this parcel would constitute spot zoning
and other members expressed reservation with regard to the impact this rezon-
ing would have on off-street parking in the immediate area. In order to
facilitate discussion at the continuation of the hearing on this request on
Tuesday, November 18, 1986, I offer the following information:
Spot Zoning
A CB -2, Central Business Service Zone, which accommodates mixed land uses,
lies immediately north of the subject property. The short- and long-range
development plans for the City provide for mixed residential and commercial
uses for the property located at 401 South Gilbert Street. The 1983 Compre-
hensive Plan Update states that "a mixed use classification is noted on the
[short-range] map in those areas near the central business district where a
mix of commercial and high density residential uses would be appropriate. It
is intended that development which includes residential, commercial or a mix
of residential and commercial uses in the same development would be accept-
able." (Page 36)
The CB -2 zone is intended to provide for mixed land uses and to serve as a
transition between the intense land uses located in the central business
district and adjoining areas. The CB -2 zoning classification sought by the
applicant allows land uses which are compatible with the uses of the sur-
rounding area and which are consistent with the mixed land uses recommended
for the area by the Comprehensive Plan.
Parking Issue
Because the building located at 401 South Gilbert Street was constructed to
consume the entire lot on which it was built, no off-street parking spaces
are available on this site for the uses housed in this structure. The struc-
ture is, therefore, non -conforming from a parking perspective.
The building has most recently been occupied by offices. The following table
exhibits the parking requirements, as specified in Section 36-58 of the
Zoning Ordinance, for the CC -2 zone and the CB -2 zone if the building is
developed (a) exclusively for office use, or (b) for mixed office and resi-
dential uses with the assumption that the structure would be developed with
the maximum number of dwelling units (DU) permitted in the respective zone.
/86/
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3,975 sq. ft./floor x 3 floors = 11,925 sq. ft. = area
Parking Total
Zone Use(s) Area Ratio Subtotal Spaces
CC -2 Offices 11,925 1:200 60
CC -2 Offices 10,325 1:200 52
CC -2 2 dwellings 1,600 2/DU 4 56
CB -2 Offices 11,925 1:300 40
CB -2 Offices 3,975 1:300 13
CB -2 13 dwellings 7,950 1.5/DU 19 32
The applicant is obligated to provide no off-street parking as long as the
uses proposed for the building require no more off-street parking than the
present uses. Converting commercial uses within the building to residential
purposes would result in a decrease in the amount of parking that the prop-
erty owner would technically have to provide for those uses; the degree of
non -conformity of a s ructure, therefore, diminishes. However, this
"solution" to the parking constraints only brings the property into technical
compliance but does not provide additional physical spaces or reduce the
overall demand.
The condition recommended by the Planning and Zoning Commission and endorsed
by staff to obligate the owner to provide all off-street parking for residen-
tial units developed in excess of two, shifts the responsibility of resolving
a part of the parking problem to the owner.
The CC -2 zoning classification for this property is consistent with the mixed
commercial and residential uses recommended by the Comprehensive Plan but
also takes into consideration the unique parking constraints of the area by
imposing stricter parking requirements on uses developed in this building. If
the site is rezoned to CB -2, the condition which is recommended allows an
exchange of greater development flexibility for the developer for a certain
amount of off-site parking.
If you have questions, please do not hesitate to call me at 356-5247.
cc: Don Schmeiser
Karin Franklin
bj4/2
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ORDINANCE N0.
AN ORDINUNCE AMENDING TIE ZONING ORDINANCE BY CHANG-
ING THE USE REGULATIONS OF CERTAIN PROPERTY LOCATED
AT 401 SOUTH GILBERT STREET.
"JW, the property located at 401 South Gil -
bat Street is located in an area zoned OC -2; and
rehensive
Icwaa CiitS, the tyy shows mixed lard uses Pinnthe are containfor the city -
ing ing the property at 401 South Gilbert Street. and
WHEREAS, the existing development near the prop-
erty located at 401 South Gilbert Street is for uses
compatible with mixed mmrercial and residential
uses; and
WHEREAS, mixed uses are the most appropriate use
for the area; and
WHEREAS, because of a shortge of off-street
parking in the area, it is necessary to provide
additional parking if more intense use is made of
the pntperty; and
WIEWAS, the applicant for rezoning has agreed to
Provide additional Off-street parking for the
Property in accordance with the terns and conditions
of a Parking Agreement, a copy of which is attached
hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 000N -
CIL OF TIE CITY OF IDA CITY, IOW4 THAT:
SECTION I. ZONING AMEhE ENT. Subject to the terms
c t ons asking Agreerient, the prop-
erty described below is hereby reclassified from its
present classification of CC -2 to CB -2:
Beginning at a point 144.6 feet east and 126.4
feet south of the northest corner of the NEI/4
of Section 15, TaN%hip 75 N, R5 West of the 5th
P.N., thence north along the east line of Lots 3
and 2 in Block 2, Berryhill and Pierce's Addition
to Iae City, Iowa, according to the recorded
plat thereof, 46.35 feet, thence west 85.76 feet
to the east line of Maiden Lane, thence south
45.4 feet, thence east 85.24 feet along.the south
face of the tall of the three story building now
on said real estate, to the place of beginning.
SECTION II. ZONING MAP. The Building Inspector is
e au or ze an irected to change the zoning
map of the City of Ioa City, Iowa, to conform to
dmen
this amendment upon the final passage, approval and
publication of this ordinance as provided by law.
SECTION III. PARKING AGRFBW. The %yor is
Clerk to attest, a sign, and the City
the Parking Agreement.
R41
Ordinance No.
Page 2
SECTIONIV. CERTIFICATION AfD RECORDING. The City
is e a orrz a certify a
ropy of this ordinance which together with the
executed Parking Agreewnt shall be recorded at the
office of the County Recorder of Johnson County,
Iowa, upon final passage and publication as provided
by law.
SECTION V. REPEALER, All ordinances and parts of
o finances int ut with the provision of this
ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, provi-
sion or mance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall
be n e a erna passage, approval and
Publication as required by lad.
Passed and approved this
L
MYOR
ATTEST:
CITY CLEWi
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90eeivf4d & Approyeti
By The Legal Department
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Q
PARKING AGREEMENT
This Parking Agreement is made by and between the City of Iowa City, Iowa
("The City") and Benjamin Chait ("Chait") a resident of the City of Iowa City,
whose address is 918 E. Washington, Iowa City, Iowa,
WITNESSETH:
WHEREAS, Chait is the owner of the following described real estate, the
same being situated within the corporate limits of the City of Iowa City, Iowa
(which Parcel shall hereinafter be designated as "Parcel One"):
Beginning at a
northwest cornerooftthe 4NE 1/4tofaSec. 15st and 12Twp.f79 .et Rt6 Westhof the
5th P.M., thence north along the east line of Lots 3 and 2 in Block
thBerryhill
erecopAddition
oICity,
rded platthereof,46.35feet,thencewest 85.76cfeet �tog
the
east line of Maiden Lane, thence south 45.4 feet, thence east 85.24
feet along the south face of the wall of the three story building now
on said real estate, to the place of beginning.
AND WHEREAS, Chait has applied for and the City is in the process of
considering a rezoning of Parcel One from a classification of CC2 to a classi-
fication of CB2, and
WHEREAS, the City and Chait both recognize that there now exists a major
parking shortage in the general vicinity of Parcel One, and
the applicationet
forrChaity and agreed eevent tC
rezoning of Parcel One, additionalparkingforParcelpOnees
may be necessary, and
WHEREAS, Chait is also the owner of the following described real estate
which is situated within the corporate limits of the City of Iowa City, Iowa
(which Parcel is hereinafter referred to as "Parcel Two"):
All that part of Block 2 in Berryhill and Pierce Addition to Iowa
City, Iowa, described as follows: Beginning at a point on the east
line of f the
intersection eofLthe �east dline nofbsaid Maiden eing 54.8 eLane et owith rtheosouth line
of Block 2, Berryhill and Pierce Addition to the City of Iowa City,
Iowa; thence southerly 54.8 feet along the east line of said Maiden
Lane to the south line of Block 2, Berryhill and Pierce Addition to
the City of Iowa City, Iowa; thence easterly along the south line of
said Block
tio
with the west liner fhGilbert Street; Athence nnortherly to its nalong cthen
west
line of said Gilbert Street 55.4 feet; thence westerly to the point
of beginning. Also all of Lot 1 and Lot 2 in Block 5 of Lyons First
Addition to Iowa City, Johnson County, Iowa.
AND WHEREAS, Parcel Two is located sufficiently close to Parcel One so as
to provide a location suitable for parking in the event that additional
parking is required for Parcel One, and
PBGs
WHEREAS, Chait is ready, willing and able to commit and agree to provide
parking on Parcel Two in the event the City grants the application for rezoning
for Parcel One and additional parking is thereby required for Parcel One,
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, it is agreed as follows:
1. Effectiveness. This Agreement shall be effective in the event the
City.approves the application for rezoning for Parcel One from a classifi-
cation of CC2 to a classification of CB2. In the event the City does not
approve the application for rezoning, this Agreement shall be null and void
and of no further force or effect.
2. Parking Agreement. In the event that the City approves the application
for rezoning of Parcel One from a classification of CC2 to a classification of
CB2, and in the event that Chait shall develop the building located on Parcel
One to include more than two (2) dwelling units, then Chait, as a precondition
of the issuance of an occupancy permit for such dwelling unit or units (in
excess of two such dwelling units), shall provide the required parking for
such dwelling unit or units on Parcel Two, or any other real estate owned or
under the exclusive control of Chait which is located within 300 feet of
Parcel One.
3. Covenant to Run With Land. This Agreement shall become a Covenant
running with Parcel One in the event the City approves the application for
rezoning and shall be binding upon the heirs, successors, grantees or others
taking by or through Chait.
4. Termination or Default. In the event the City approves the application
for rezoning and in the event that Chait shall elect to develop the building
on Parcel One so as to require additional parking pursuant to this agreement,
and in the event such parking is not available, is not provided or is terminated
for any reason once granted, the occupancy permit for use of any dwelling
units in excess of two on Parcel One shall be denied or revoked as the case
may be. In the event of any such revocation, the City and Chait agree that
the revocation shall become effective upon written notice to Chait.
5. Entire Agreement. This Agreement shall consitute the entire under-
standing between the City and Chait concerning the parking which may be
rquired on Parcel One in the event of or approval of the application for
rezoning of Parcel One and this Agreement shall incorpKrate all prior discussions,
agreements, representations and underst?ndings( f rties.
CITY OF IOWA CITY, IOWA
BY:
William J. Ambrisco, Mayor
BY:
Marian K. Karr, City Clerk
Rmecived 3 App ovr3
Ry T(te�jel Gcpa•i ;t v;.
46A r2i7_
/94/
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STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this day of 1986, before me, the undersigned,
a Notary PubTic in and for the a e o . owa, personally appeared William J.
Ambrisco and Marian K. Karr, to me personally known, who being by me duly
sworn did say that they are the Mayor and City Clerk, respectively, of the
corporation executing the within and foregoing Instrument, that the seal
affixed thereto is the seal of the corporation; that said Instrument was
of its
sined and oral
rd
Directors; andsealed
that theMayoran
behalf
City pClerkoasbofficersiacknowledgedathe f
execution of the foregoing Instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
otary Pu c n an or t e tate
of Iowa
STATE OF IOWA
) ss:
COUNTY OF JOHNSON )
On this a S�+h day of , 1986, before me, the
undersigned, a otary Public in an or �e ate of Iowa, personally appeared
Benjamin Chait, to me known to be the person named in and who executed the
foregoing Instrument, and acknowledged that he executed the same as his
voluntary act and deed.
Q . aa,
o ary u c n an or ie a e
of Iowa
/g4/
W,
NOTICE OF PUBLIC HEARING
NDTICE OF PUBLIC WMNG OF IN1W TO DISPOSE OF
EASDW ON LOT 3, AUDITOR'S PLAT 32 (BOI).
To Wink IT My CONCEIdi:
You are hereby notified that the City Council of
r the City of Iowa City, Iowa, heretofore adopted and
approved Resolution No. 86- 329 declaring the
City's intent to dispose or—iVVility Easenent
rights in the following -described_ property located
in Iowa City; Johnson Canty, Iowa, to At: Lot 3,
Auditor's Plat 32 (EDI).
The City intends to dispose of said easenent
rights by conveying its interest in the sam to the
current owners of the Property, Ed and Sharon Huff.
You are further notified that a public hearing on
said tetter will be held ty the City Council of the
City of Iowa City, Iowa, at its regular meeting to
be held at 7:30 p.m on the 18th day of Noverber,
1986, ,in the City Council Chanbm in the Civic
Center, 410 E. Washington Street, Iowa City, Iowa, j
at which tine and place all persons interested in
said ratter will be given an opportunity to be
heard. �
M4RIM K. KAM, CM CLERK
T
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hear-
ing will be held by the City Council of
Iowa City, Iowa, at 7:30 p.m. on the 18th
day of November, 1986, in the Council Cham-
bers of the Civic Center, Iowa City, Iowa,
on the following item:
1. A resolution to remove Michael McDonald
from his Position on the Iowa City
Board of Adjustment.
A copy of the proposed resolution is on file
for public examination 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 con-
j
sideration before adoption of this resolu-
tion should appear at the hearing.
j
MARIAN K. KARR, CITY CLERK
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