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
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Approved by:
City Attorney's Office
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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
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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
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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
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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:
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STAFF PRESENTATION TO FOLLOW:
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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
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CONDITIONAL
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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
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LANDSCAPE PLAN
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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.
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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.
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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
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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