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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. bCS-1MR tl ??7? Lt /7-/ 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 n DOUGLASS ST I/ BEN TON KIRKWOOE WASTEWATER TREATMENT PLANT =R1FIT i STURGIS FERRY PARK ~OLLOWING IS BEST DOCUMENT AVAILABLE ! -f / I /I I / / / Y// / / /','//,'/ 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