HomeMy WebLinkAbout1996-05-21 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 21st day of May,
1996, in the Civic Center Council Chambers,
410 E. Washington Street. Iowa City, Iowa; at
which hearing the Council will consider:
An ordinance amending the Zoning Chapter
by rezoning a 1.79 acre tract from CC2,
CommuniW Commercial to OSA/CC2, Sensi-
tive Areas Overlay/Community Commercial
Zone and approval of a preliminary Sensitive
Areas Development Plan for property locat-
ed at the intersection of Sturgis Corner
Drive and Highway 6.
Copies of the proposed ordinance 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
Contact Person: Melody Rockwell, Associate Planner, City of Iowa City, 410 E. Washington St.,
Iowa City, IA 52240; 319/356-5251
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING CHAP-
TER BY CHANGING THE USE REGULATIONS
OF AN APPROXIMATE 1.07 ACRE TRACT OF
LAND, KNOWN AS AUDITOR'S PARCEL/¢950-
84, FROM CC-2, COMMUNITY COMMERCIAL,
TO OSA/CC-2, SENSITIVE AREAS OVERLAY/-
COMMUNITY COMMERCIAL, AND APPROVING
A SENSITIVE AREAS DEVELOPMENT PLAN
FOR THE AB BUILDING DEVELOPMENT FOR
PROPERTY LOCATED EAST OF STURGIS
CORNER DRIVE AND NORTH OF HIGHWAY 6,
IOWA CITY, IOWA.
WHEREAS, James Anderson, on behalf of
property owner Southgate Development Com-
pany, Inc., has requested the City to fezone an
approximate 1.07 acre tract, know as Auditor's
Parcel #95084, located east of Sturgis Corner
Drive and north of Highway 6 from CC-2,
Community Commercial, to OSA/CC-2, Sensi-
tive Areas Overla,//Commu~ity Commercial,
and to approve a Sensitive Areas Development
Plan for the site; and
WHEREAS, the requested zoning change and
Sensitive Areas Development Plan will permit
the applicant to construct an 11,888 square
foot office building adjacent to a stream corri-
dor and partially within a protected slope buffer
in a manner that minimizes impacts on the
sensitive features on and adjacent to the site;
and
WHEREAS, the applicant's engineer has
certified on the Sensitive Areas Development
Plan that the proposed development activities
within the altered protected slope buffer area
will not undermine the stability of the existing
altered protected slope; and
WHEREAS, the Sensitive Areas Development
Plan provides for a river corridor trail easement
to be granted to the City upon the City's writ-
ten request; and
WHEREAS, a minor modification has been
granted by the City/ to permit 1;he off-street
Ordinance No.
Page 2
parking requirement for the AB Building to be
reduced from 59 parking spaces to 54 spaces,
and said 54 parking spaces can be provided on
the site.
NOW, THEREFORE, BE iT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. ZONING AMENDMENT.
The property legally described below is hereby
reclassified from its present classification of
CC-2 to OSA/CC-2, and the Sensitive Areas
Development Plan submitted by James Ander-
son for the AB Building development is hereby
approved:
AUDITOR'S PARCEL//95084:
Beginning at the Southwest corner of
Auditor's Parcel Number 95023, as
recorded in Plat Boek 35, at Page 284,
of the records of the Johnson County
Recorder's Office; Thence Northeaster-
ly, 28.61 feet; along the Easterly Right-
of-Way line of Sturgis Corner Drive,
and the arc of an 80.00 foot radius
curve, concave Southeasterly, whose
28.45 foot chord bears NO8°41'03"E;
Thence N1 8°55'40"E, along said East-
erly Right-of-Way line of Sturgis Corner
Drive 32.60 feet; Thence Northerly
112.96 feet, along said Easterly Right-
of-Way line of Sturgis Corner Drive,
and the arc of a 196.12 foot radius
curve, concave Southwesterly, whose
111.40 foot chord bears N02°25'40"
E; Thence N14°O4'20"W, along said
Easterly Right-of-Way line of Sturgis
Corner Drive, 12.05 feet; Thence
Northwesterly 36.79 feet along said
Easterly Right-of-Way line of Sturgis
Corner Drive, and the arc of a 65.00
foot radius curve, concave Southwest-
erly whose 36.30 foot chord bears
N30° 17'O5"W; Thence N58°58'20"E,
along the northerly line of Auditor's
Parcel Number 95023, a distance of
45.92 feet; Thence N22°00'00"W
along said line of Auditor's Parcel Num-
ber 95023, a distance of 61.69 feet;
Thence N68°O0'OO"E along said line of
Auditor's Parcel Number 95023, a
distance of 93.18 feet; Thence
S23°00'OO"E, 22.43 feet; Thence
S13°00'OO"E, 268.68 feet; Thence
S20°00'00"E, to a point on the North-
Ordinance No.
Page 3
erly Right-of-Way of Highway No. 6
Bypass, 127.67 feet; Thence
N71 °04'20"W along said Right-of-Way
of Highway No, 6 Bypass, 226.12 feet
to the Point of Beginning, said parcel of
land contains 1.07 acres, more or less,
and is subject to the easements and
restrictions of record.
SECTION il. 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
thie Ordinance as provided by Law.
SECTION III. CERTIFICATION AND RECORD-
ING. The City Clerk is hereby authorized and
directed to certify and record a copy of this
Ordinance, at the Owner's expense, in the
Office of the County Recorder of Johnson
County, Iowa. upon final passage and publica-
tion as provided by law.
SECTION iV. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this O'dinance are hereby repealed.
SECTION V. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to ba 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 unconsti-
tutional.
SECTION VI. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of
,19
MAYOR
ATTEST:
CITY CLERK
City A~t orney's 'Offf~'e
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
April 18, 1996
Planning and Zoning Commission
Melody Rockwel, Ass~anner
REZ96-0008. 66 Sturgis Corner Drive
At the April 15 Planning and Zoning Commission informal meeting, the Commission indicated that
although Public Works felt there was enough room between the footprint of the proposed AB
Building and the riverbank to accommodate the Iowa River Corridor Trail, more assurance was
needed. It was suggested that there be a note on the plan and a condition on the rezoning that
guaranteed a trail easement would be provided in this area when needed.
This afternoon, staff met with Myles Braverman, President of Southgate Development Company
and owner of the 66 Sturgis Corner Drive property. Although Southgate Development Company
will not accept a condition on the rezoning that could be connoted as an exaction for the trail, it
is willing to dedicate the 50-foot wide strip of land (Auditor's Parcel #95083) along the river to the
City, and is also willing to place a note on the Sensitive Areas Development Plan, as follows:
The Developer will, upon written request from the City of Iowa City (City), grant to the City
an easement for a Pedestrian/Bikeway Trail over and across Auditor's Parcel #95084 in
the area between Auditor's Parcel #95083 and the proposed building location as shown
hereon, provided that the easement requested by the City shall not interfere with the rear
exits from the proposed building or the existing parking and other facilities located north
of the proposed building. [A map showing Auditor's Parcels #95083 and #95084 is
attached for your consideration.]
Jim Anderson, the applicant for the rezoning of the 66 Sturgis Comer Drive property, also
attended the meeting today, and openly agreed to granting an easement for the trail, as long as
there was enough clearance for required exits for each office unit on the east side of the building.
The property owne(s attorney, Charles Mullen, indicated in a call to staff this afternoon that the
Commission would be provided a copy at tonight's meeting of the revised plan containing the trail
easement note.
In staff's view, the proposed note on the Sensitive Areas Development Plan should provide
sufficient assurance for the trail easement. The Grading Plan for the site was approved today
by Public Works. The only condition that is necessary to place on the rezoning at this point is
the approved reduction in parking. Calculations of the parking requirements indicate that the
parking for 66 Sturgis Corner needs to be reduced by five parking spaces, not ten spaces. This
8 percent reduction in parking can be handled administratively through the minor modification
process, instead of requiring review by the Board of Adjustment.
STAFF RECOMMENDATION:
Staff recommends that REZ96~0008, a request to rezone a 1.07 acre tract, known as Auditor's
Parcel #95084, from CC-2, Community Commercial, to OSNCH-1, Sensitive Areas
Overlay/Community Commercial, and a Sensitive Areas Development Plan for the AB Building
located at 66 Sturgis Corner Drive be approved, subject to an approved reduction in the parking
requirements either through the minor modification process, or through Board of Adjustment
action.
ATTACHMENT:
1. Auditor's Parcel Map for Sturgis Corner Property
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
I~I~zl e Tot~. Sou~hga fe
MMS CONSULTANTS, INC.
Site Concept. Plan
St, urgis Corner
Iowa City, Iowa
City of iowa City
MEMORANDUM
Date:
To:
From:
Re:
April 12, 1996
Planning and Zoning Commission
R k .r.r.r.r.r.r.r.r.r.~ ~,
Melody oc well, Associate Planner
REZ96-0008. AB Building/Sturgis Corner Rezoning
Sensitive Areas
At the Apdl 4 Planning and Zoning Commission meeting, the Commission was i,k)rmed that the
Public Works review of the most recently submitted Sensitive Areas Development Plan indicated
some grading and construction within the protected slope buffer area, and to a lesser degree in
the stream corridor buffer area.
The slope in question is a previously altered slope. The protected slope buffer may be reduced
by the City if "a geo!ogist or professional engineer can demonstrate to the satisfaction of the City
that a development activity can be designed to e!iminate hazards." The applicant's engineer has
provided a note on the plan stating that "the proposed development activities within the altered
protected slope buffer area will not undermine the stability of the existing altered protected slope."
The AB Building will not encroach into the 50-foot stream corridor buffer, but during construction
of the building, there will be temporary encroachment of equipment and an excavation area for
footings in a small portion of the stream corridor buffer area.
The proposed route for the River Corridor Trail across the Sturgis Corner property is located in
the same area that would be impacted by the construction and grading for the AB Building.
Grading for and construction of the ten-foot wide. hard surface trail and the stabilizing retaining
walls will actually impinge more extensively on the protected slopes and stream corridor buffer.
It is staff's view that the proposed reduction of the protected slope buffer and the temporary
encroachment within the stream corridor buffer in an area where the River Corridor Trail will soon
be constructed is reasonable.
River Corridor Trail
Trails are a permitted use within sensitive areas, but should be designed to have minimum
disturbance and impact on those areas. A River Corridor Trail has been proposed along the
banks of the Iowa River since the late 1970s. During the past 15 years, the Sturgis Corner
property owner has offered to give the City a 50-foot setback area along the river. The City has
been reluctant to accept this gift, because most of the setback area is comprised of extremely
steep slopes. The proposed location of the AB Building will allow enough space for the trail to
be constructed at the top of the slope on the Sturgis Corner property. City staff are continuing
to meet with the property owner to resolve the legal and tax issues involved in conveying land
or an easement to the City that includes a wider area than the previously discussed 50-foot
setback area.
2
Because there is enough room to accommodate the trail between the AB Building and the
riverbank, and because the exact location of the trail has not been determined by the engineers,
who are designing the project, staff recommends that the Commission recommend approval of
the Sensitive Areas Development Plan without making it subject to having the trail easement
designated on the plan. Staff will continue to work with the properbj owner to resolve the trail
issue for this property.
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FOLLOWING IS
BEST DOCUMENT AVAIL~LE
ii
STAFF REPORT
To: Planning and Zoning Commission
Prepared by: Charles Denney
Item: REZ96-0008; AB Building, Sturgis Corner Date: April 4, 1996
GENERAL INFORMATION:
Applicant:
James Anderson
44 Sturgis Corner Drive
Iowa City, IA 52246
351-3355
Requested action:
Approval of a Sensitive Areas Develop-
ment Plan and a rezoning from CC-2 to
OSA/CC-2
Purpose:
To allow construction of an 11,888
square foot office building.
Location:
Sturgis Corner Drive and Highway 6
Size:
1.79 acres
Existing land use and zoning:
Vacant; CC-2
Surrounding land use and zoning:
North - Office Building; CC-2
East - Sewage Treatment Plant; P
South - Transit Building; P
West - Restaurant; CC-2
Comprehensive Plan:
General Commercial
Applicable Code requirements:
Zoning Ordinance, Site Plan Ordinance,
Grading Ordinance, Floodplain Ordi-
nance
File date:
March 14, 1996
45-day limitation period:
April 29, 1996
BACKGROUND INFORMATION:
The applicant, Jim Anderson. is requesting approval of a Sensitive Areas Development Plan
and a rezonmg from CC-2, Community Commercial, zone to OSA/CC-2, Sensitive Area
Overlay Community Commercial, zone to allow construction of a 11,888 square foot office
building. The OSA zoning is required because the site contains a stream corridor, the Iowa
River, and critical and protected slopes. The stream corridor is defined as the river and its
delineated floodway, which is illustrated on the plan. Approval of the plan as submitted will
require a modification of the required buffer around the protected slopes, which is allowed by
the ordinance.
ANALYSIS:
The proposed building is located outside the stream corridor and the required 50-foot buffer
for uses located adjacent to the Iowa River. The plan is in compliance with the stream
corridor section of the Sensitive Areas Ordinance (SAO). Placing the building in this location
will accommodate the segment of the Iowa River Corridor Trail that is programmed to be
constructed in 1997.
In order to locate the building outside the stream corridor buffer, the applicants are requesting
a reduction in the required parking. The proposed building requires 59 parking spaces, and
49 spaces are being provided. The Design Guidelines Section of the SAO allows modification
of certain underlying zoning requirements. However, the SA0 also requires compliance with
the Planned Development Housing Overlay (OPDH) zone, which allows some variance from
Zoning Chapter requirements, but specifically prohibits a reduction in parking requirements.
Staff initially interpreted the SAO to allow a parking reduction through the Design Guidelines
Section. The applicant prepared a plan based on this assumption.
A parking reduction can be granted through a special exception approved by the Board of
Adjustment. The applicants plan to apply for such a special exception to be heard at the May
8 meeting of the Board of Adjustment. A parking modification can be granted if the applicants
can demonstrate that the specific use has characteristics such that the number of parking
spaces is too restrictive. The applicants will be conducting counts of parking at their existing
building, which is similar to and adjacent to the proposed development. The applicant feels
it can be demonstrated that the required parking exceeds that parking needs of the uses that
will likely occupy the proposed building. Staff recommends that the requested rezoning and
Sensitive Areas Development Plan be approved subject to approval of a parking modification
by the Board of Adjustment to allow a reduction of 10 spaces for the proposed building.
There are some critical slopes located on the site. The Development Plan should be revised
to indicate where these slopes are located. No construction activities are proposed within the
protected slopes, but a reduction of the required 22-foot buffer is being requested. If a
geologist or professional engineer can demonstrate that the proposed building can be designed
to eliminate hazards, a reduction of the buffer appears to be justified in this case.
A grading plan is required due to the presence of protected slopes and a stream corridor. The
grading plan has been submitted and is being reviewed. A few of technical deficiencies and
discrepancies are listed at the end of this report and will need to be addressed before a the
Sensitive Areas Development Plan can be approved.
STAFF RECOMMENDATION:
Staff recommends that REZ96-0008 a request for a rezoning from CC-2 to OSA/CC-2, and
approval of a Sensitive Areas Development Plan, for property located at the intersection of
Sturgis Corner Drive and Highway 6 be deferred, but that upon resolution of all deficiencies
and discrepancies listed at the end of this report, staff recommends approval of the requests,
subject to approval of a parking modification to allcw a reduction in the required parking by
3
the Board of Adjustment, and approval of a Grading Plan by the Public Works Department
prior to City Council consideration of the Plan.
DEFICIENCIES AND DISCREPANCIES:
1. The protected slope buffer and the critical slopes must be illustrated on the plan.
2. Location, type and height of all lighting must be shown and a note placed on the plan
indicating that lighting will be downcast and shielded.
The construction area should be shown on the plan.
The tree planting areas must meet minimum dimensional requirements.
4.
ATTACHMENTS:
1. Location Map.
2. Sensitive Areas Development Plan
ppdadmin! St f r ep~,R~.Z9 6 0 8 CD
Ka(/n Franklin, Director
Department of Planning and
Community Development
LOCATION MAP
REZ96-0008
STURG IS CORNER
BENTON ST
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DOUGLASS ST
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KIRKWOOE
WASTEWATER
TREATMENT
PLANT
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PUBLIC HEARING NOTICE
On May 21, 1996, the City Council will
hold a public hearing on amendments to
the FY96 CITY STEPS, Action Plan budget
for Community Development Block Grant
and HOME Investment Partnership funds.
Comments will be received at the Civic
Center, Council Chambers at 7:30 p.m.
during the regular Council meeting.
Written comments may also be submitted
to the City Clerks office at 410 East
Washington Street. Information regarding
the budget amendments may be obtained
by calling Steven Nasby at 356-5248.
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
May 15, 1996
City Manager and City Council
~'~Vlarianne Milkman, Community Development Coordinator
Steven Nasby, Associate Plannerc~'~
FY96 Annual Action Plan Budget Amendments
During the past year, a number of CDBG and HOME budget amendments have been made on
a project by project basis. Since we are nearing the end of the fiscal year it is necessary to
submit a final amended budget to the U.S. Department of Housing and Urban Development (see
attached Resolution).
The FY96 Annual Action Plan budget (which is a part of the Consolidated Plan, CITY STEPS)
includes both Community Development Block Grant and HOME Investment Partnership funds
from FY96 and the FY95 funds that were carried over, totaling $2,480,825. The Housing and
Community Development Commission held a public meeting on these budget amendments and
approved the proposed FY96 Annual Action Plan budget, as amended, on May 7, 1996.
If you have any questions regarding this budget, the amendments or the projects please call
Steven Nasby at 356-5248 or Marianne Milkman at 356-5244.
bc3-2SN
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
May 15, 1996
City Manager and City Council
Steven Nasby, Associate PJanner ~-'~,~
FY96 Action Plan Budget Amendments -- Housing and Community
Development Commission Discussion and Action
On May 9, 1996, the Housing and Community Development Commission (HCDC) discussed
the FY96 Action Plan budget (which is a part of Iowa City's Consolidated Plan, CITY STEPS)
amendments and received public input. There were no public comments on the amended
budget.
The individual CDBG and HOME budget amendments were reviewed and discussed by
HCDC. The Commission recommended approval of the FY96 Action Plan budget, as
amended. Since a complete copy of the minutes from the May 9 meeting is not yet
available, the following is an excerpt of the meeting minutes.
NiOTION: Randall moved to recommend approval of the FY96 Action Plan budget, as
amended. Schmuch Seconded. The motion carried by a vote of 8-0-1 lEastham abstaining)
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATED COST FOR THE CONSTRUCTION
OF THE ABBEY LANE SANITARY SEWER
AND KIWANIS PARK STORMWATER
IMPROVEMENTS PROJECT IN THE CITY OF
IOWA CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTEI~ESTED
PERSONS:
Public notice is hereby given that the City
Council of the City of Iowa City, Iowa, will con-
duct a public hearing on plans, specifications,
form of contract and estimated cost for the con-
struction of the Abbey Lane Sanitary Sewer and
Kiwanis Park Stormwamr Improvements Project
in said City at 7:30 p.m. on the 21 st day of May,
1996, 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
1'73.3.
May 15. 1996
To Abbey Lane Neighbors from Judy Pfohl, 2229 Abbey Lane,
I am trying to compde mformat~on about the Mormon Trek oreallow and flooding of
Abbey Lane on 5/9/96 Th~S flooding occurred pr~or to construcbon of the Mormon Trek
Vd!age, and the pond to contain addibonal runoff. The neighborhood can petition for
construcbon of a pond on the other s~de of the highway to prevent further oreallOws
due to too small of a culvert under Mormon Trek. Please write down your memories
w~th detads, times. damages. extent of debris or water rise onto your property or
vehicle. Include any times the water rose at your front, sides, or back yards. To
petition to be in the construction budget please wnte or attach your comments and
p~ctures here and return to me by June 1, 1996
May15,1996
To Abbey Lane Neighbors from Judy Pfohl, 2229 Abbey Lane,
I am trying to compile information about the Mormon Trek overflow and flooding of
Abbey Lane on 5/9/96. This flooding occurred prior to construction of the Mormon Trek
Village, and the pond to contain additional runoff. The neighborhood can petition for
construction of a pond on the other side of the highway to prevent further overflows
due to too small of a culvert under Mormon Trek. Please write down your memories
with details, times, damages, extent of debris or water rise onto your property or
vehicle. Include any times the water rose at your front, sides, or back yards. To
petition to be in the construction budget please write or attach your comments and
pictures here and return to me by June 1, 1996.
May 15, 1996
To Abbey Lane Neighbors from Judy Pfohl, 2229 Abbey Lane,
I am trying to compile information about the Mormon Trek overflow and flooding of
Abbey Lane on 519/96. This flooding occurred prior to construction of the Mormon Trek
Village, and the pond to contain additional runoff. The neighborhood can petition for
construction of a pond on the other side of the highway to prevent further overflows
due to too small of a culvert under Mormon Trek. Please write down your memories
with details, times, damages, extent of debris or water dse onto your property or
vehicle. Include any times the water ro~e at your front, sides, or back yards. To
petition to be in the construction budget please wdte or attach your comments and
pictures here and return to me by June 1, 1996..
FOLLOWING IS m~
, I~EST DOCUMENT AVAILABLE