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HomeMy WebLinkAbout1996-06-04 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 4th day of June, 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 conditionally rezoning a 2.32 acre tract from I-1, Industrial, to C1-1, Intensive Com- mercial, for property located east of Sunset Street on the south side of Highway 1. 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 Prepared by: Scott G. Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; (319)356-5243 ORDINANCE NO. AN ORDINANCE AMENDING 3'HE ZONING ORDINANCE BY CONDITIONALLY CHANG- ING THE USE REGULATIONS OF 2.32 ACRES OF LAND LOCATED EAST OF SUN- SET STREET ON THE SOUTH SIDE OF HIGH- WAY ~ FROM I-1, INDUSTRIAL, TO CI-'I, INTENSIVE COMMERCIAL. WHEREAS, the applicants, Wisdom Develop- ment Group, Inc. and Brannan & Co., on behalf of the Ruppert family, has requested the City rezoned 2.32 acres of land located east of Sunset Street on the south side of Highway 1 from I-1, Industrial, to C1-1, Intensive Commer- cial; and WHEREAS, the proposed rezoning is compat- ible with the adjacent intensive commercial zoning and development located to the south of the subject property; and WHEREAS, iowa Code §414.5 (1995) pro- vides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City has a policy to preserve and enhance the entrances to Iowa City, Iowa; and WHEREAS, Highway 1 is the pdmaiy en- trance to Iowa City from the southwest; and WHEREAS, Owner and Applicant acknowl- edge that certain conditions and restrictions are reasonable to ensure appropriate development and to lessen the impacts of the development on th~s entrance to the city; and WHEREAS, Owner and Applicant have agreed to use this property in accordance with certain terms and conditions as contained in the Conditional Zoning Agreement to ensure appro- priate development of this property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Ordinance No. Page 2 SECTION 1. APPROVAL. The property de- scribed below is hereby reclassified from its present classification of I-1, Industrial, to C1-1, Intensive Commercial: Commencing at the Southwest Comer of the Southwest Quarter of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89°42'40"E, along the South Line of Said Southwest Quarter, 492.70 feet, to its intersection with the Southeasterly Right-of- Way Line 'of Iowa Highway No. 1 (One), in accordance with the Warranty Deed Re- corded in Deed Book 547, at Page 203, of the Records of the Johnson County Recorder's Office, and the Point of Begin- ning; Thence N36"24'25"E, along said Right. of-Way Line, 364.80 feet; Thence S56°50'23"E, 215.22 feet, to a Point on the Southwesterly Limits Line of the Existing Iowa City Airport Clear Zone for Runway #12; Thence S61a21'56"E, along said Southwesterly Limits Line, 359.51 feet, to its intersection with the South Line of said Southwest Quarter; Thence S89°42'40'1N, along said South Line, 712.24 feet, to the Point of Beginning. Said tract of land con- tains 2.32 acres, more or less and is sub- ject to easements and restrictions of re- cord. 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 as provided by law. SECTION III CONDITIONAL ZONING AGREE- MENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the applicants, property owners and the City, follow- ing final passage and approval of this Ordi- nance. SECTION IV. CERTIFICATION AND RECORD- ING. Upon final passage and approval of this Ordinance, and after execution of the Condition- al Zoning Agreement, the City Clerk ~s hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agree- ment for recordation in the Office of the Record- er, Johnson County. Iowa, at Applicnars ex- pense. Ordinance No, Page 3 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 ad- judged 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 edjudged invalid or unconsti- tutional. SECTION VII. 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 Prepared by: Scott G. Kugler. Associate Planner, 410 E. Washington St., Iowa City, IA 52240; {319) 356-5243 CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between Wisdom Development Group Inc. and Brannan & Co. (hereinafter "Applicant"), the Ruppert family (hereinafter "Owner") and the City of Iowa City, a Mun'icipal Corporation (hereinafter "City"). WHEREAS, Owner and Applicant have requested the City fezone approximately 2.32 acres located east of Highway 1 and west of the Iowa City Municipal Airport, from I-1, general industrial, to C1-1, intensive commercial; and WHEREAS, the proposed rezoning is compatible with the adjacent intensive commercial zoning and development located to the south of the subject property; and WHEREAS, Iowa Code §414.5 (1995) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City has a policy to preserve and enhance the entrances to Iowa City, Iowa; and WHEREAS, Highway 1 is the primary entrance to iowa City from the southwest; and WHEREAS, Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure appropriate development and to lessen the impacts of the development on this entrance to the city; and WHEREAS, Owner and Applicant have agreed to use this property in accordance with the terms and conditions of the Conditional Zoning Agreement to ensure appropriate development of this property. NOW, THEREFORE, in consideration of mutual promises contained herein the Parties agree as follows: The Ruppert family is the owner and legal title holder of property located on the southwest side of Highway 1 northeast of Sunset Street, which property is more particularly described as follows: Commencing at the Southwest Corner of the Southwest Quarter of Section 16, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N89°42'40"E, along the South Line of Said Southwest Quarter, 492.70 feet, to its intersection with the Southeasterly Right-of-Way Line of Iowa Highway No. 1 (One), in accordance with the Warranty Deed Recorded in Deed Book 547, at Page 203, of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence N36°24'25"E, along said Right-of-Way Line, 364.80 feet; Thence S56°50'23"E, 215.22 feet, to a Point on the Southwest- ed¥ Limits Line of the Existing Iowa City Airport Clear Zone for Runway #12; Thence S61 °21 '56"E, along said Southwesterly Limits Line, 359.51 feet, to its intersection with the South Line of said Southwest Quarter; Thence S89°42'40"W, along said South Line, 712.24 feet, to the Point of Beginning. Said tract of land contains 2.32 acres, more or less and is subject to ease- ments and restrictions of record. The parties acknowledge that Iowa City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entrances to Iowa City. Owner and Applicant agree and acknowledge that this policy is reasonable, proper and appropriate under the circumstances. The parties agree that Highway 1 is a primary entry to Iowa City from the southwest. Owner and Applicant acknowledge that the City's policy concerning entrances governs this rezoning request and, therefore, agrees to certain conditions over and above City regulations in order to lessen the impact of the development on the surrounding area. In order to provide for attractive development at the southwest entryway to the City, to assure the coordinated development of the above-described land so as to minimize traffic conflicts in the area and to lessen the impact of the development of the surrounding area, Owner and Applicant agree that the development of the subject property will conform to the following conditions: ao The development of the subject property shall have no direct vehicular access onto Highway 1. Access to the subject property shall be through the existing access drives from adjacent properties. Development of the subject property shall include an access easement compat~Dle with current access drives to allow the eventual connection of a frontage road running from the property to the northeast to the Westport Plaza development. The access easement shall be configured such that it a~lows adequate access between properties located to the north and south of the subject property. This access easement shall be shown on all site plans for future development. No outdoor storage of merchandise or material, except for that associated with auto vehicle sales and plant nurseries and florist shops, shall occur within 1OO 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 six feet in height. A planted landscape bed a minimum of 1 5 feet in depth shal~ be located adjacent to any such wall between the wall and the Highway 1 right-of- way, and no parking or paving shall be allowed within the 15 foot landscape bed. Loading docks and receiving areas shall not be located on any wall facing Highway 1. Loading docks in other locations which are visible from Highway 1 shall be screened in accordance with applicable preformance standards. 3 10. All parking rows shall be terminated with a landscape bed a minimum of nine feet in depth. The landscape bed shall be planted with parking lot trees which may count towards the parking area trees otherwise required by City ordinanc- es. f. No more than one free-standing sign shall be permitted on the subject property. g. If signage is to be lighted, it shall be internally illuminated, There shall be a 30-foot setback from the Highway 1 right-of-way, which setback shall be landscaped with ground cover such as grass. No parking or paving other than sidewalks shall be allowed within this 30-foot setback. The Owner and Applicant agree that every development proposed on the subject property must submit a development concept plan to the Department of Planning and Community Development prior to development. The Director of Planning and Community Development shall review and approve the concept plan based on the criteria listed above. The Director may approve a concept plan containing minor modifications to the criteria listed above, provided the modifications substantially satisfy the intent of the criteria. Decisions of the Director may be appealed to the City Council after review and report by the Planning and Zoning Commission. The Owner and Applicant acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1995), and that said conditions satisfy public needs which are directly ca. used by the requested zoning change. The Owner and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until release of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the Parties. Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all applicable local, state and federal regulations. The parties agree that 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. 4 Dated this day of CITY OF IOWA CITY ,1996. WISDOM DEVELOPMENT GROUP INC By: Naomi J. Novick, Mayor By: Michael J. Wisdom, President BRANNAN & CO. By: Monte J. Brannan, President Attest: Marian K. Kerr, City Clerk Attest: Approved by By: ~ttorne~)ffice~,..~/. APPLICANT ACKNOWLEDGE~/IENT RUPPERT FAMILY STATE OFIOWA ) )ss: JOHNSON COUNTY) On this day of , A.D. 19__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State OWNER ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) . On this day of , 19 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared · to me known to be the identical person(s) named in and who executed the within and foregoing instrument as the owner of the above-described property, and acknowledged that (he/she/they) executed the same as the voluntary act and deed of the property owners upon the due authorization of all such owners. Notary Public in and for the State of Iowa CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of ,1 9__, before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 19__, and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STAFF REPORT To: Planning & Zoning Commission Item: REZ96-0006. Ruppert Property, south side of Highway 1 GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: SPECIAL INFORMATION: Public utilities: Public services: Prepared by: Robert Miklo Date: April 18, 1996 Wisdom Development Group Inc. 410 Fayette St., Suite 405 Peoria, IL 61606 Michael J. Wisdom Phone: 309-671-3860 Rezoning from I-1 to C1-1. To allow commercial development on the southwest side of Highway 1 be- tween Menard's and Wal-Mart, Agricultural: I-1. North - Agricultural, Commercial and Residential, RS-5, I-1, CC-2. South - Commercial, C1-1. East - Agricultural and Iowa City Airport, I-1 and Public. West - Residential and Commercial, RS-5, RM-12 and C1-1. Industrial. February 29, 1996. April 18, 1996. Municipal water and sewer are available to serve this site. Police and fire protection will be provid- ed by the City of Iowa City. Refuse service will be provided privately. 2 Transportation: Vehicular access is via Highway 1 and the Menard's service road, which inter- sects with Highway 1 at Sunset Street. The nearest transit service is available at Westport Plaza approximately 1 200 feet to the northeast. However, there is no pedestrian connection between the transit stop and this property. Physical characteristics: The property is generally flat. It con- tains Hydric soils. BACKGROUNDINFORMATION: This property is located between two commercial zones, including the Westport Plaza/Wal- Mart CC-2, Community Commcrcial, zone to the northeast and the Menard's development, which is zoned C1-1, Intensive Commercial, to the southwest. The property to the northeast was formerly zoned I-1, General Industrial, and designated for industrial development on the Comprehensive Plan. In 1989 the City of Iowa City amended the Comprehensive Plan and the zoning of the Westport Plaza site to allow retail commercial development. In 1993 the City annexed the Dane tract (Menard's) to the south of this property and rezoned the property from County Commercial and Rural to C1-1. This resulted in the current zoning pattern in the area. The airport overlay zone also applies in this area. A clear zone for the airport covers approximately 10 acres of the property zoned I-1. The clear zone limits the height and intensity of development to help assure that aircraft is not hindered when landing or departing from the airport. This application has been referred to the Airport Commission for their consideration. ANALYSIS: W~th the recent commercial rezonings in this area, the I-1 zoning on the portion of the Ruppert property, which is not within the airport runway clear zone, may be appropriate for C1-1 zoning and development. Retention of I-1 zoning on the portion of the Ruppert property which is in the clear zone is appropriate. I-1 zoning allows uses such as warehouse, which have a limited occupancy and therefore may be more appropriate in the airport clear zone. The portion of the property requested for rezoning is outside the clear zone. The Airport Commission has indicated that a Federal Aviation Administration airspace study will be required before any structures may be built on the site. The property has access at a signalized intersection to Highway 1 at Sunset Street via the service road to Menard's. Therefore, the infrastructure is in place for further commercial development in this area. The proposed C1-1 Zomng would be compatible w~th the existing C1-1 Zoning on the Dane property. The C1-1 allows businesses which often require large tracts of land, including some outdoor display of merchandise. Examples of these types of businesses include auto dealerships and building supply stores, such as Menard's. As discussed below, attention must be given to the design of such businesses when they are located at an entry to the City. It is the City's policy as stated in the Comprehensive Plan that special care must be given to development at entryways to preserve and promote a good quality development in the city. In this regard, both the Westport Plaza and Dane (Menard's) rezonings were conditioned upon a provision of additional landscaping and aesthetic controls for the development of these properties. Given its location at an entryway, it would be appropriate to apply similar conditions to the subject property. When the Dane property was annexed and developed, the conditional zoning agreement required that the access road provide access to adjacent properties, including the subject property so that traffic impacts on Highway 1 could be minimized. If the access road is continued across this property it may eventually be continued to the Westport Plaza property. This will allow traffic to circulate between Westport Plaza and the Menard's development as well as development on the subject property without travelling Highway 1. The subject property does contain areas of hydric soils. A Sensitive Areas Site Plan will be required and the developer will need to verify that there are no jurisdictional wetlands on the property prior to the issuance of a development permit. STAFF RECOMMENDATION: Staff recommends that the request to rezone 2.32 acres located on the southeast side of Highway 1 from I-1 to C1-1 be approved subject to a conditional zoning agreement addressing the control of the development's layout and design, signs, vehicular access, outdoor storage and landscaping. ATTACHMENT: 1. Location Map. ? D~partment of Planning and Community Development LOCATION MAP RUPPERT PROPERTY REZg6-0006 I-I TO Cl-I \ 1'9 ' I- WILL( SITE LOCATI ON IOWA ClT~ MUNICIPAL AIRP~ Z Statement Regarding Zoning Chanqe This pamel is located on Highway 1 between Westport Plaza and Menards. This area has become a major commercial corridor in Iowa City, with Wal-Mart, Cub Foods, Red Lobster, Carousel Motors and Menards all located in the immediate vicinity. At present, this property is zoned I-1. Industrial is clearly not this properry's highest and best use. Most of the property in the vicinity is zoned commercial, not industrial. There is great demand for commercial usage of this property, while industrial demand would be minimal or nonexistent. Its size and location warrant that it be used for commercial, not industrial purposes. Furthermore, it would not appear that the City would wish to see this property used for industrial purposes. Commercial and residential developments surround this parcel. Industrial usage would introduce foreign and, presumably, undesirable elements into this area. Most of the property in the vicinity is already zoned commercial. For these reasons, we request that this property be rezoned to C1-1. Other property owners within 200 feet are: John and Allegra Dane 4082 Dane Road S.E. Iowa City, Iowa 52240 Menards 1375 Highway 1 West Iowa City, Iowa 52246 WISDOM DEVELOPMENT GROUP, INC. Iowa C .~. y ,~,/ Te 1 eph(~ne .. f319/338-9222 HAYES P.L.C. /'i IOWA CITY MUNICIPAL AIRPORT t80t South Riverside Drive Iowa City, Iowa 52246 Office Phone (319) 356-5045 MY. NO DATE: March 19, 1996 TO~ Robert Miklo, Senior Planner ~ROM: Ron O'Neil, Airport Managerial. Staff report, Ruppert property rezoning I discussed the staff report with the consultant working on the Airport Master Plan study. He didn't think there would be any problems with the site being developed. The developer should be made aware that a Federal Aviation Administration airspace study will be required before any structures are built on the site. At this time, it is questionable whether the FAA would approve of a frontage road connecting the Menard's and Wal-Mart sites, going through the Runway Protection Zone for Runway 12. If you have any questions, please contact me at 5045.