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HomeMy WebLinkAbout2020-06-02 Public HearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held at which the Council will consider: An ordinance conditionally rezoning approximately 0.53 acres of land located at 1335 Highway 1 West from Intensive Commercial (CI -1) to (CI -1). The request is to modify the conditions associated with the property's zoning designation in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving other than sidewalks. (RF120-01) Copies of the proposed ordinance and conditional zoning agreement are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa, which is currently closed to the public because of the coronavirus. Copies are available by telephoning the City Clerk at 319/356- 5043 or emailing kellie-fruehlingto7iowacitv.oro. The public hearing will be held at 7:00 p.m. on June 2, 2020, in Emma J. Harvat Hall of the Iowa City City Hall, 410 E. Washington Street, Iowa City. If City Hall remains closed to the public, the meeting will be an electronic meeting using the Zoom Meetings Platform. For information on how to participate in the electronic meeting, see www.icgov.org/councildocs or telephone the City Clerk at 319/356-5043. Persons wishing to make their views known for Council consideration are encouraged to participate. Kellie Fruehling, City Clerk FILED City Clerk Iowa City, Iowa Ion Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-3565238 (REZ20- 01) Ordinance No. An ordinance conditionally rezoning approximately 0.53 acres of land located at 1335 Highway 1 West from Intensive Commercial (CI -1) to (CIA). (REZ20-01) Whereas, the applicant, Focus Commercial Real Estate, LLC., has requested a rezoning of property located at 1335 Highway 1 West from Intensive Commercial (CI -1) to (CI -1) for approximately 0.53 acres to modify the conditions associated with the property's zoning designation in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving other than sidewalks; and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for intensive commercial development; and Whereas, the Comprehensive Plan establishes goals for this area intended to preserve and enhancing gateways into the City and promoting pedestrian -oriented development; and Whereas, there is a public need to preserve traffic flow and reduce the number of vehicular access points onto Highway 1 West; and Whereas, there is a public need to preserve aesthetics on City entryways by,S�Greening items used for outdoor storage and by implementing specific standards for landscaping along entryway corridors; and Whereas, there is a public need for facilitating pedestrian -oriented developmentfilling'in gaps in the City's sidewalk and trail network and providing crosswalks where appropriate; arXd ., Whereas, the Planning and Zoning Commission has determined that, -with reasonable conditions regarding satisfaction of public needs through the preservation and enharicement of City entryways and the promotion of pedestrian -oriented development, the requested1oning is consistent with the Comprehensive Plan. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of Intensive Commercial (CI -1) zone to: LOT 1 OF D AND L SUBDIVISION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 35, PAGE 86 OF THE RECORDS OF THE JOHNSON COUNTY RECORDERS OFFICE. Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Ordinance No. Page 2 Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance 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 in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of Mayor City Clerk 20_ Approved by: City Attorney's Office 0 ry o xa c -)-G N r <m = T 6 •, o� r "' r Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5238 (REZ20- 01) Ordinance No. An ordinance conditionally rezoning approxima ly 0.53 acres of la located at 1335 Highway 1 West from Intensi Commercial (CI -1) to (C ). (REZ20-01) Whereas, he applicant, Focus Development, has reques!pd a rezoning of property located at 1335 Highway West from Intensive Commercial (CI -1) to I-1) for approximately 0.53 acres to modify the condi ns associated with the property's zo g designation in order to reduce the required landscape ront setback area along Highway from 30 feet to 10 feet, with landscaping consisting of ornamen 1 trees and a mix of eve rgre and deciduous shrubs and no parking or paving other than sidewa and Whereas, the Comprehe Ive Plan indica t that the subject area is appropriate for intensive commercial development; ands Whereas, the Comprehensive fan 96tablishes goals for this area intended to preserve and enhancing gateways into the City an romoting pedestrian -oriented development; and Whereas, there is a public ne9d to erve traffic flow and reduce the number of vehicular access points onto Highway 1 W st; and \\ Whereas, there is a pu is need to prese% aesthetics on City entryways by screening items used for outdoor sto age and by iriplemen specific standards for landscaping along entryway corridors; and Whereas, there i a public need for facilitating pedes is -oriented development?by filling in gaps in the City's si walk and trail network and providing c sswalks where appropriate;;1d Whereas, t Planning and Zoning Commission has de rmined that, witlrreaspioable conditions reg ding satisfaction of public needs through the pre rvation and enhancement of City entryway and the promotion of pedestrian -oriented developm t, the requested zoning is consistent th the Comprehensive Plan. Now, the fore, be it ordained by the City Council of the City of Iowa City, I a that: Section I Approval. Subject to the Conditional Zoning Agreement a ched hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of Intensive Commercial (CI -1) zone to: LOT 1 OF D AND L SUBDIVISION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 35, PAGE 86 OF THE RECORDS OF THE JOHNSON COUNTY RECORDERS OFFICE. Section 11. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Ordinance No. Page 2 Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage/aaproval of a Ordinance, the City Clerk is hereby authorized and directed to certify a copordina and to record the same, at the office of the County Recorder of Johnson Coun, at t owner's expense, all as provid by law. Section Re eater. All ordinances and parts of ordinac flict with the provisions of this Ordinance re hereby repealed. Section VI. verabili . If any section, provision or part odinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affalidity of the Ordinance as a whole or any section, provision or part thereof not adjudged iunconstitutional. Section VII. Effective Date. This Ordinance shall be in ar its final passage, approval and publication, as provioed by law. Passed and approved this \ day of 20. City Clerk by: City Attorney's Office N O N s N U Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5238 (REZ20- 01) Ordinance No. An ordi nce conditionally rezoning aF land located1335 Highway 1 West from I to (CI -1). Ther uest is to modify the coni property's zonin designation in order landscaped front se ack area along Highw with landscaping c sisting of ornam evergreen and deciduo s shrubs and n p. sidewalks. (REZ20-01) Whereas, the applicant, Focus, he- \— 1 West from Intensive Commercial (CIN conditionsassociated with the property': landscaped front setback area along H consisting of ornamental trees and a mix paving other than sidewalks; and Whereas, the Comprehensive commercial development; and Whereas, this rezoning s the City by requiring specific pedestrian -oriented developn a future sidewalk connection; Whereas, to ensure tl preserving and enhanc development are accompl a. The d located at permitted. proximat 0.53 acres of itensiv Commercial (CI -1) ition associated with the to reduce the required 1 from 30 feet to 10 feet, tal trees and a mix of rking or paving other than A rezoning of property located at 1335 Highway 1) for approximately 0.53 acres to modify the designation in order to reduce the required 1 from 30 feet to 10 feet, with landscaping Ireen and deciduous shrubs and no parking or the subject area is appropriate far intensive ii s public needs by pi scaping and product by securing an access 1e following policy goals from tt gateways into the City and i, the following conditions are pr and enhancing gateways into standards, and bypromoting It, which is intended for use of prehensive plan related to oting pedestrian -oriented ent shall have only one access onto Nhway 1 which shall be Street. No additional vehicle access point onto Highway shall be b. No o door storage of merchandise or material shall occur ' hin Highway 1 right-of-way. Storage areas located beyond 100 feet f right -of- ay shall be screened with a solid wall at least 6 feet in e landsc pe bed, a minimum of 15 feet in width shall be located adja Own s shall submit a concept plan illustrating a tree planting plan beds', to be approved by the Director of Development Services. 100 feet of the the Highway 1 ight. A planted nt to the wall. or landscape C. There shall be a 10 -foot setback from Highway 1, which shall be landsed with ornamental trees and a mixture of evergreen and deciduous shrubs. No p rking or paving other than sidewalks shall be allowed within this 10 -foot setback. Ordinance No. Page 2 d. Prior to the issuance of a building permit, approval of a landscaping plan by the City Forester, consisting of ornamental trees and a mixture of evergreen and deciduous shrubs to be located within the reduced setback area. e. Provision of an access easement along the west side of the landscaped area of a size and in a location to be determined in coordination with the City Engineer, which shall be dedicated to the City, in a form of agreement acceptable to the City Attorney. Whereas, there is a public need to preserve traffic flow and reduce the number of vehicular access points onto Highway 1 West; and Whereas, there is a public need to preserve aesthetics on City entryways by screening items used for outdoor storage and by implementing specific standards for landscaping along entryway corridors; and Whereas, there is a public need for facilitating pedestrian -oriented development by filling in gaps in the City's sidewalk and trail network and providing crosswalks where appropriate; and Whereas, the Planning and Zoning Commission has determined that, with reasonable conditions regarding satisfaction of public needs through the preservation and enhancement of City entryways and the promotion of pedestrian -oriented development, the requested zoning is consistent with the Comprehensive Plan; and Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of Intensive Commercial (CI -1) zone to: CI -1: LOT 1 OF D AND L SUBDIVISION, IOWA CITY, IOWA, IN ACCORDANCE WITH -THE THE PLAT THEREOF RECORDED IN BOOK 35, PAGE 86 OF THE RECORDS OF THE JOHNSON COUNTY RECORDERS OFFICE. Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance 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 in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 3 Passed and approved this day of Mayor Attest: City Clerk 20_ Approved by: City Attorney's Office PJ O hJ -J �- O .r 1Ca Prepared by: Ray Heitner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (REZ20-01) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Focus Development (hereinafter collectively referred to as "Owners"), and GRD Clinics. (hereinafter "Applicant"). Whereas, Owners are the collective legal title holders of approximately 0.53 acres of property located at 1335 Highway 1 West; and Whereas, the Applicant has requested the rezoning of said property from Intensive Commercial (CI -1) to (CI -1) to modify the conditions associated with the property's zoning designation in order to reduce the required landscaped front setback area along Highway 1 from 30 feet to 10 feet, with landscaping consisting of ornamental trees and a mix of evergreen and deciduous shrubs and no parking or paving other than sidewalks; and Whereas, the conditions established in this agreement address public needs, including reducing the number of vehicular access points onto Highway 1 West, preserving aesthetics on City entryways, and by facilitating pedestrian -oriented development; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding limiting vehicular access to the existing internal access road to Sunset Drive, the restriction of outdoor storage of materials within 100 feet of the Highway 1 West right- of-way, the creation of a landscaped 10 -foot setback area, the required apprpval of a landscaping plan by the City Forester, and the provision of an access easemerW'along the property's west side, the requested zoning is consistent with the Comprehensive_Plam and Whereas, Iowa Code §414.5 (2020) provides that the City of Iowa =City rtiay impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the Owners and Applicant agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. GRD Clinics is the collective legal title holders of the property legally described as: LOT 1 OF D AND L SUBDIVISION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE THE PLAT THEREOF RECORDED IN BOOK 35, PAGE 86 OF THE RECORDS OF THE JOHNSON COUNTY RECORDERS OFFICE. Owners and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2020) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owners and Applicant agree that development of the subject property will conform to all other requirements of the Zoning Code, as well as the following conditions: The development shall have only one access onto Highway 1, which shall be provided by the existing internal access road leading to the Sunset Street/Highway 1 West intersection. No additional vehicle access points onto Highway 1 shall be permitted. b. No outdoor storage of merchandise or material shall occur within 100 feet of the Highway 1 right-of-way. Storage areas located beyond 100 feet of the Highway 1 right-of-way shall be screened with a solid wall at least 6 feet in height. A planted landscape bed, a minimum of 15 feet in width shall be located adjacent to the wall. Owners shall submit a concept plan illustrating a tree planting plan for landscape beds, to be approved by the Director of Development Services. c. There shall be a 10 -foot setback from Highway 1, which shall be landscaped with ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or paving other than sidewalks shall be allowed within this 10 -foot setback. d. Prior to the issuance of a building permit, approval of a landscaping plan by the City Forester, consisting of ornamental trees and a mixture of evergreen and deciduous shrubs to be located within the reduced setback area. e. Provision of an access easement along the west side of the landscaped area of a size and in a location to be determined in coordination with the City Engineer, which shall be dedicated to the City, in a form of agreement acceptable to the City Attorney. 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2020), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. This Conditional Zoning Agreement shall be deemed to be a covenant running, with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. Ttie parties further acknowledge that this agreement shall inure to the benefit of and bind. all successors, representatives, and assigns of the parties. In the event the -subject property is transferred, sold, redeveloped, or subdivided, all development wi(f ponfotith with the terms of this Conditional Zoning Agreement. 6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners or Applicant from complying with all other applicable local, state, and federafiegulations. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 20_. City of Iowa City Bruce Teague, Mayor Attest: Kellie Fruehling, City Clerk Approved by: City Attorney's Office City of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) Focus Development By: GRD Clinics 0 This instrument was acknowledged before me on , 20 by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Focus Development Acknowledgement: State of _ County of Notary Public in and for the State of Iowa (Stamp or Seal) = o Title (and Rank) t _ --- C r 71 M o r =rs r N cn This record was acknowledged before me on (Name(s) of individual(s) as (type of authority, such as officer or trustee) of Focus Development. 2020 by Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: GRD Clinics Acknowledgement: State of _ County of This record was acknowledged before me on (Name(s) of individual(s) as _ (type of authority, such as officer or trustee) of GRD Clinics. 2020 by Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 0 N N O k r— o� a r N rJ1 0 STAFF PRESENTATION TO FOLLOW: 1 r I C04;qui h CITY OF lOVVA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 356-5000 (3I9) 356-5009 FAX www.icgov.org Item 10.a.: Rezoning —1335 Highway 1 West REZ20-01 An ordinance conditionally rezoning approximately 0.53 acres of land located at 1335 Highway 1 West from Intensive Commercial (CI -1) to (CI - 1). (First Consideration) CONDITIONAL ZONING AGREEMENT EXHIBIT 1335 HIGHWAY 1 WEST IOWA CITY, IOWA J 4b Y 4k tea[ g'. 1335 HIGHWAY 1 W • L LOCA71ON MAP la3 AC. CHLUWlLa® LVL PLV:IW unwmnrra wLawlrx>fnECL 91+AiNEIRiL+AC41618 �a'�ir9 raew CONDITIONAL KNING AGREEMENT EXHIBIT 1335 H IGIM'AY 1 W G AND LSUODMSION LOT 1 lC CRY aa -mm c Uu STATE O IMA i MIG OOr�l:11L�+tM6, IHGg w � wu cm 1 I331� 9 f J Review Criteria Rezoning criteria: • Compliance with the comprehensive plan • Compatibility with the existing neighborhood Consistency with the Comprehensive Plan Comprehensive Plan o Intensive Commercial South Central District Plan Land Use Map (see map): o Intensive or Highway Commercial �_� Mrf�D.wKRes.le.liJ �� Menlw�ea eo.a�p ,�� S'm.4tlpnmeus n 1'We1MHir.L Opau Spm fI V.. k Wra., r I� = M.U. t:ummenvl _ ReWI'Comyuptti a�s�aml - hleau •.w fl lPh.0 lemmeavl - Imluslnal'ManuAi+wmk Wp. - Pesti. 4n xala.uawoc4 LANDSCAPE PLAN 1335 HIGHWAY 1 WEST IOWA CITY, IOWA ,- IIYb"d yl ! A ' 61m r j r F,' r 0 0 !335 HIGHWAY 1 W LOCATION EMAP �1 H M YM rl va I r.l ill i •3 7 MI I.I •r'hRM' - LANDSCAPE PLAN 1335 HIGHWAY 1 WEST IOWA CITY, IOWA ,- IIYb"d yl ! A ' 61m r j r F,' r 0 0 !335 HIGHWAY 1 W LOCATION EMAP �1 H M enw M M S EhIEV�'HfPfUUIIS LANQSCAPE PLAN 1396 HIGHWAY 1 W AMID L sueorr M LOT apIN801[counTT BTATE OF IdNA ws car3suTurt& IHSS 1311-065 rl va I r.l ill •3 7 MI I.I •r'hRM' - ` ' rl.YII I�I.I II:1'. x11 41N 'kr - 1!111 l'I m 1 enw M M S EhIEV�'HfPfUUIIS LANQSCAPE PLAN 1396 HIGHWAY 1 W AMID L sueorr M LOT apIN801[counTT BTATE OF IdNA ws car3suTurt& IHSS 1311-065 Compatibility with the Existing Neighborhood Low Density Single -Family north of Highway 1 Intensive Commercial to the south, east, and west New ordinance will carry over existing condition that will not allow outdoor storage of merchandise within 100' of Hwy. 1 ROW. FI Changed Conditions Changes to the general area since 1993 include: 1. Relocation of the development's anchor tenant, Menards. 2. Additional commercial development southwest of the Dane Tract. 3. Existing 10' setback for 1275 property) Hwy. 1 West (east of the subject Utilities CONDITIONAL ZONING AGREEMENT EXHIBIT 1335 HIGHWAY 1 WEST There is a 30' wide sanitary IOWA CITY, IOWA sewer easement betweenthe existing setback line m and the Hwy 1 West ROW. Public Works staff has reviewed and approved t addition of pavement and smaller trees/bushes being placed within this - easement area. i Annexation & Rezoning w. conditions to Intensive Commercial CI -1 as a part of the Dane Tract (Feb 1993) Rezoning to same District designation with alteration of conditions - P&Z recommendation to City Council Site Plan Review -Staff Planning &Zoning Commission Recommendation The Planning & Zoning Commission recommends approval of REZ20-01, a rezoning to alter the conditions placed on the existing Intensive Commercial (CI -1) for approximately 0.53 acres of land located at 1335 Highway 1 West, subject to the following five conditions: 1. The development shall have only one access onto Highway 1. (same) 2. No outdoor storage of merchandise or material shall occur within 100 feet of the Highway 1 right-of-way. Owners shall submit a concept plan illustrating a tree planting plan for landscape beds, to be approved by the Director of Development Services. (same) 3. There shall be a 10 -foot setback from Highway 1, which shall be landscaped with ornamental trees and a mixture of evergreen and deciduous shrubs. No parking or paving other than sidewalks shall be allowed within this 10 -foot setback. (new) 4. Prior to the issuance of a building permit, a landscaping plan must be approved by the City Forester. (new) 5. Provision of an access easement along the west side of the landscaped area of a size and in a location to be determined in coordination with the City Engineer, which shall be dedicated to the City, in a form of agreement acceptable to the City Attorney. (new) STAFF PRESENTATION CONCLUDED � r rrM as � h CITY OF IOWA CITY 410 East Washington Strect Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov. o rg