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HomeMy WebLinkAbout1998-02-10 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the loth day of February, 1998, at 7:00 p.m. in the Council Chambers of the City of Iowa City, 410 Eo Washington Street, Iowa City, Iowa, regarding the intent to vacate the northerly twenty feet of the former Benton Street right- of-way between Riverside Drive and the Iowa River and which is adjacent to Linder Tire Service, with the City retaining all utility easements. Persons interested in expressing their views concerning this matter, either verbally or in writing, will be given the opportunity to be heard at the above-mentioned time and place. STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp Item: VAC98-0001: Vacation of old Benton right-of-way Date: February 5, 1998 GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Contact person: Dennis Mitchell, City Attorney 319-356-5030 Requested action: Vacation Purpose: To allow for the disposition of unused right-of-way to an adjacent private property Location: North of Benton Street, west of the Iowa River Size: O. 13 acres Existing land use and zoning: CC-2 Surrounding land use and zoning: North: Commercial, CC-2 South: Commercial, CC-2 East: Iowa River West: Commercial, CC-2 Comprehensive Plan: General Commercial File date: January 23, 1997 45-day limitation period: March 9, 1997 BACKGROUND INFORMATION: The City desires to vacate 0.13 acres of the old Benton Street right-of-way located between Riverside Drive and the Iowa River, south of Linder Tire Service. The City has intentions of exchanging the right-of-way for a strip of land along the Iowa River owned by Linder Tire Service. The land along the river is needed to accommodate the Iowa River Corridor (IRC) trail, which will be constructed from Burlington Street to Napoleon Park this summer. In 1990, the Riverfront Commission recommended to the City Council that the City vacate a portion of the old Benton Street right-of-way to help form a segment of the IRC Trail. At their October 2, 1990 meeting, the City Council voted 5-0 to approve this recommendation (see attachment). However, the vacation was never carried through, apparently because funding for the trail had not been secured. This portion of the IRC Trail will connect directly with the planned Ned Ashton Park, to be constructed at the west bank of the Iowa River, north of the Benton Street Bridge. Ned Ashton was the designer of the old Benton Street Bridge, one of the first all-welded bridges in America. The park will serve as a pocket park for trail users and others in this developed area of the City, and will contain a surviving piece of the old Benton Street bridge as a monument. ANALYSIS: Before vacating a street or alley right-of-way, the City should be reasonably sure that the vacation will not negatively affect adjacent properties, and that public access will not be needed along the right-of-way in the future. Only a 22' wide strip of the 66' wide right-of- way is proposed to be vacated. The remainder of the public right-of-way will continue to serve as an access drive to the adjacent commercial properties. Neither of the adjacent properties will lose any access to their properties from this proposed vacation. An easement will be retained by the City over the vacated portion for a storm sewer which leads to the river. The utility companies have been notified of this request, and have been asked to review the proposal and respond if easements need to be retained in this area. Utility easements over the vacated portion will restrict development potential to surface parking and landscaping. As noted above, this vacation request is predicated on the City exchanging the vacated right- of-way with Linder Tire Service for a strip of property approximately equal in size along the Iowa River, needed for the Iowa River Corridor Trail. Given that this portion of the old Benton Street right-of-way is not used by the general public, it would be in the public interest to vacate it. STAFF RECOMMENDATION: Staff recommends that VAC98-0001, a request to vacate 0.13 acres of old Benton Street right-of-way east of Riverside Drive and south of Linder Tire Service, be approved. ATTA C H M E NTS: 1. Location Map 2. Excerpt from October 2, 1990 City Council Minutes 3. November 9, 1990 Press Citizen Article Pocket Park in the Works c:\my documents\vac98-0001 Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development uo!leOeA/,eAAdO-l~t5!~l leeJlS; uolue8 PlO 'NOI/¥00-1 ~1/19 cl 177 cl Council Activities October 2, 1990 Page 4 The Mayor announced the following vacancies: Bd. of Adjustment - one vacancy for a five- year term ending 1/1/96; Human Rights Comm. - three vacancies for three-year terms ending 1/1/94; Parks and Recreation Comm. - one vacancy for a four-year term ending 1/1/95. These appointments will be made at 11/13/90 Council meeting. Councilmember Larson noted the number of vacancies of the Human Rights Commission and stressed the importance for citizens to apply for this Commission as well as involvement in other activities of city service. Moved by Courtney, seconded by Novick, to make the following appointments to the Housing Commission: Paul Egli, 1801 Stevens Drive, #3, for an unexpired term ending 5/1/91; Roger Reilly, 404 N. Mt. Vernon Drive, for an unexpired term ending 5/1/92; and Robin Paetzold- Durumeric, for an unexpired term ending 5/1/93. Kubby asked that the applications for Board and Commission appointments include a cover sheet suggesting that interested people contact Councilmembers and listing Council phone numbers. After discussion, the majority of Council did not wish any additional cover sheet added to existing applications. The Mayor declared the motion to make the Housing Commission appointments as stated carried unanimously, 5/0, Ambrisco, Horowitz absent. Councilmember Kubby noted that Ghandi would have been 120 years old on this day. She reminded citizens of University forums on racism on 10/2 and 10/4, and stated her concern that Council gets defensive when they are being criticized by the public. Larson reviewed the Police Chief's presentation to the Council the previous evening on development of a community awareness program on substance abuse and stated his pride that the City is starting the program. Novick stated a public information meeting is being planned by the Affordable Housing Task Force 10/18 at 7:00 p.m. in the Iowa City Public Library to hear citizen comments and encouraged all to attend and share their ideas. Courtney asked that staff look into Iowedng the speed limit on Highway 1 at its intersection with Mormon Trek Blvd. He also noted a recent article in a local publication regarding jumping off bddges into the Iowa River and stated his feelings that the article showed a great deal of irresponsibility by the author and publisher. The City Attorney reported that certain areas are posted for no boating and that staff was researching the question of jumping from bridges. (8:30 p.m.) The City Attomey read a memo entitled Concurrence with Unanimous ZClP Panel Decisions Re(3ardin(3 Mercy Hosoitah Heli13ad is an Integral Part of the Hosl~ital's "Emerclency Medical Services". In response to Council she stated that an appeal process does exist with the Board of Adjustment, as outlined in the memo, with the deadline for an appeal 10/15. Larson clarified that a process is in place for interpretation of this matter and that task did not involve Council. Moved by Larson, seconded by Kubby, to approve the recommendation of the Riverfront Commission that the City Council vacate and dedicate a portion of the Old Benton Street right-of- way as part land which would form a segment of the Iowa River Corridor Trail. The Mayor declared the motion carried unanimously, 5/0, Ambrisco, Horowitz absent. Pocket park in the works Benton Street bridge would be monument By Shawn Hubbell The Press-Citizen Plans are under way to build a new city park near the Benton Street Bri_dge. ' But so far, plans for the venture exceed its financial support. The proposed Benton Street Pocket Park. about a half-acre in size, wou~d be on the west side of the Iowa River and north of the bridge. The park would sit on land the city got an easement on to build the new Benton Street Bridge. The estimated cost of the park project is ~2,595. The Parks and Recreation Commission asked for $18,000 in Community Development Block Grant money to help build the park. But last week the Iowa City Councfi followed the recommendation of the Committee on Community Needs 'and did not allocate money for the park. If the grant was approved, the Parks and Recreation Commission would have asked the city to match it, John Watson, chairman of the commission, said. Watson said the park would provide open space in the populated residential area south of Burlington Street. Professional Mufflers Benton Street IMcDonald's "Any time we can add park .ce in this area, it is a good g," Watson said. Though small, the park would serve several purposes, Melody Rockwell, associate planner, said. It would act as a head for the Iowa River Corridor trail from First Avenue in Cor- alville to the University of Iowa Art Building. Extension of the river corridor would eventually reach the park. The Iowa City Riverfront Commission has also-proposed Using the old Benton Street Bridge as a monument in the park. The old bridge was one of the first in the United States built with an all-welded frame. The park would also contain Walkway' 'Pocket park Bridge I Press-Citizen/Joh'n Cloyed histeric elements of the old Ryerson's Mill and a ferry boat crossing nearby, Rock- well said. Plans call for a riv- erside boardwalk that might resemble a ferry, she said. The park Would also have trees, shrubs, old-fashioned street lamps, a drinking foun- tain and picnic tables. "So, that's the dream," Rockwell said. The Parks and Recreation Commission will ask for money from the state Re- source Enhancement and Protection Program and from private individuals. If the park fails to get fin- ancing, Rockwell said, the city has been asked to lease the area to neighboring busi- nesses. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 10'h day of February, 1998, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider a resolution approving revisions to the August 6, 1996 Fringe Area Agreement with Johnson County, which is part of the Iowa City Comprehensive Plan. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadrnin/nphO210 cloc Prepared by: Scott Kugler; Associate Planner; 410 E. Washington St., Iowa City, IA; 52240 (319) 356-5243 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CiTY CLERK TO ATTEST AN AGREEMENT BETWEEN JOHNSON COUNTY, IOWA AND IOWA CITY, IOWA, AMENDING THE DEVELOPMENT POLICY FOR FRINGE AREAS A AND C OF THE FRINGE AREA POLICY AGREEMENT BETWEEN JOHNSON COUNTY AND IOWA CITY. WHEREAS, the City Council of Iowa City ("City") and the Board of Supervisors of Johnson County ("County") entered into an agreement established under Chapter 28E of the Code of Iowa in August 1996, (Res. 96-239); and WHEREAS, that agreement sets forth development policies for designated areas within the two- mile extraterritorial jurisdiction of Iowa City; and WHEREAS, the City and the County have mutually agreed that the term "plat" should be replaced with the term "concept plan" within Subsection 1 of the development policies for Fdnge Area A, and within Subsection 2 of the development policies for Fringe Area C; and WHEREAS, the intent of the concept plan is to demonstrate how the open space requirements can be met on a property being proposed for development, and the applicant's intent to adhere to the development policies contained in the Fringe Area Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council of the City of Iowa City, Iowa hereby accepts and agrees to the proposed amendments to the development policies for Fdnge Areas A and C, requiring the submittal of a concept plan rather than a plat to accompany certain rezoning applications; and The City Council of the City of Iowa City, Iowa hereby authorizes the Mayor to sign and the City Clerk to attest the attached 28E Agreement between Johnson County and Iowa City, amending the development policy for Fringe Areas A and C of the Fringe Area Policy Agreement between Johnson County and Iowa City, for recordation as provided by law. Passed and approved this day of ,1998. ATTEST: CITY CLERK MAYOR A~l~-evcd y ppdadmin/res/fnngeac.doc Prepared by: Scott Kugler; Associate Planner; 410 E. Washington St., Iowa City, IA; 52240 (319) 356-5243 Fringe Area Policy Agreement Between Johnson County and Iowa City- Amendment I This agreement is entered into pursuant to Chapter 28E of the Code of Iowa by and between Johnson County, Iowa, a municipal corporation ("County"), and the City of Iowa City, Iowa, a municipal corporation ("City"), to wit: WHEREAS, the County and the City adopted an agreement in August 1996, to establish policies for the orderly growth and development within the City's two-mile extraterritorial review area; and WHEREAS, that agreement provided for the periodic review and amendment of the agreement; and WHEREAS, the City and the County have mutually agreed that amendments to the development policies for Fringe Areas A and C are needed. NOW, THEREFORE, the parties hereto do agree for themselves and their respective successors to the following amended policy for Fringe Areas A and C: FRINGE AREA A 1. Permit residential development by considering, on a case-by-case basis, proposals to rezone land in this area to RS-3 (one dwelling unit per three acres of lot area). RS zoning will be considered if the application to rezone includes a p!3tconcept plan showing a minimum of 50% of the property as an outlot designated as open space or agriculture. Development must comply with City Rural Design standards contained in Appendix A.. FRINGE AREA C Land Outside Iowa City's Growth Area. In portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Zoning Ordinance and City Rural Design Standards. The land in Area C currently zoned A-l, Rural, and outside the City's growth area will be considered, upon receipt of an application, for rezoning to RS-10 (one dwelling unit/10 acres). RS-5 (one dwelling unit/5 acres) will be considered if the application to rezone includes a p!=tconcept plan designated a minimum of 80% of the property as an outlot for open space or agriculture. 2 Rural Design Standards will apply to all development outside of the City's growth area. This amendment to the agreement shall be filed with the Secretary of the State of Iowa, and with the Johnson County Recorder in compliance with Chapter 28E, Code of Iowa. Executed with approval and on behalf of the City of Iowa City and Johnson County this day of , 1998. JOHNSON COUNTY CITY OF IOWA CITY By: By: Chair, Board of Supervisors Mayor Attest: County Auditor ppdadrninJagtJfringeac. WP5 City of Iowa City MEMORANDUM Date: January 9, 1998 (for January 15 meeting) To: Planning & Zoning Commission From: Scott Kugler, Associate Planner Re: Proposed Amendment to the Fringe Area Agreement On August 6, 1996, the City Council approved a revised Fringe Area Agreement between the City and Johnson County, which established policies for the development of land within Iowa City's two-mile extraterritorial review area. The agreement "is intended to provide for orderly development patterns appropriate to a non-urbanized area, protect and preserve the fringe area's natural resources and environmentally sensitive features, direct development to areas with physical characteristics which can accommodate development, and effectively and economically provide services for future growth and development." (emphasis added) One of the development standards contained in the agreement calls for encouraging "cluster development which preserves large tracts of open space including environmentally sensitive areas and farm land, results in compact development which requires less infrastructure, and is more efficient for provision of services." As a result, the policies for both Fringe Area A and C provide for incentives encouraging cluster developments when residential development occurs. A higher density is permitted in exchange for the protection of open space. In each case, the policies that apply to Areas A and C indicate that a higher density can be requested if the application to rezone includes a plat illustrating that a specified minimum level of open space is to be undisturbed. Within Area A, density can be increased from RS- 3 (three acres per unit) to RS (one acre per unit), provided that a plat accompanies the application which illustrates that 50% of the property will remain as open space. Within Area C, an increase from RS-10 (ten acres per unit) to RS-§ (five acres per unit) is possible, provided that a plat is included illustrating that at least 80% of the property will remain as open space. The intent is to have the applicant demonstrate that the requirements can be met on the property, and that he or she intends to comply. A number of applications have been reviewed under these provisions, and in each case a concept plan has been accepted in lieu of a preliminary plat to accompany the applications. This allows applicants to demonstrate their intent, but not incur the expense of having a preliminary plat prepared without even knowing whether or not the rezoning is approved. Staff believes that this was the intent of the clustering provisions when the agreement was adopted in 1996. Staff feels that the use of a concept plan has proven adequate, and the submittal of a preliminary plat is not necessary for the review of a rezoning application. Johnson County has already passed a resolution intended to replace the term "plat" with "concept plan" within the above referenced sections pertaining to Areas A and C. Staff recommends that the City do the same. STAFF RECOMMENDATION: Staff recommends that the proposed revisions to the August 6, 1996, Fringe Area Agreement with Johnson County, requiring the submittal of a concept plan rather than a plat in association with an application to rezone to RS within Area A, or to RS-5 within Area C, be approved. ATTACHMENT: 1. Proposed Resolution. 2. Proposed Amendment to the Fringe Area Agreement. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development \concept.doc NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATrER OF THE PROPOSED ISSUANCE OF $9,180,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Iowa City, Iowa, will hold a public headng on the 10'h day of February, 1998, at seven o'clock P.M., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take additional action for the issuance of $9,180,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of the acquisition of land for streets and sewers; improvements to streets, bridges, sidewalks and public ways; the rehabilitation and improvement of city parks; the reconstruction, extension and improvement of the municipal airport; the reconstruction, improvement and repair of water works property; and the recon- struction, extension, improvement and equipping of works and facilities for the collection and dis- posal of surface waters and streams and deten- tion facilities. At the above meeting the Council shall receive oral or written objections from any resi- dent or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Coun- cil of Iowa City, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 29th day of January , 1998. ity e~a City, iowa finadm~bonds98.doc NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $620,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Iowa City, Iowa, will hold a public headng on the 10th day of February, 1998, at seven o'clock P.M., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $620,000 of General Obligation Bonds, bearing interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the purpose of providing funds to pay costs of the improvement and equipping of the library, including the HVAC system and improvements to the South Side Soccer Fields. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meet- ing, a pet'trion, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 29th day of January ,1998. City, Iowa finadm~bonds98. c~oc NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR A GENERAL CORPORATE PURPOSE), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is h~reby given that the Council of the City of Iowa City, Iowa, will hold a public hearing on the 10th day of February, 1998, at seven o'clock P.M., in the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $700,000 of General Obligation Bonds, beadng interest at the rate of not to exceed 9 per centum per annum, said bonds to be issued for the pur- pose of providing funds to pay costs of the con- struction of a new Central Maintenance Facility for the Parks Division. This Notice is given by order of the Council of the City of Iowa City, Iowa, as provided by Section 384.26 of the City Code of Iowa. At any time before the date of said meet- ing, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of the City Code of Iowa. Dated at Iowa City, Iowa, this 29th day of January ,1998. City erk of Iowa City, Iowa finadm~3nds98.~ NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CONSTRUCTION OF WATER FACILITY SITE DEVELOPMENT PHASE I IMPROVEMENT PROJECT IN THE CITY OF IOWA CITY, IOWA. TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications, form of contract and estimated cost for the construction of the Water Facility Site Development Phase I Improvement Project, in said City at 7:00 P.M. on the 10th day of February, 1998, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK pweng/waterfac