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HomeMy WebLinkAbout2001-05-15 Public hearing 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 15th day of May, 2001, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the COuncil will consider: 1 .) A public hearing on an Ordinance changing the zoning designation from P, Public, to CB-10, Central Business District, for approximately 0.76 acres of properly located south of Iowa Avenue between Linn Street and Gilbert Street (Tower Place). 2.) A public hearing on an ordinance amending the Zoning Code (Article E, Commercial and Business Zones) to allow public, municipal parking facilities as a permitted use in the Central Business District (CB-10) and Central Business Support (CB-5) Zones. Copies of the proposed ordinances 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. MARlAN K. KARR, CITY CLERK 05-t5-01 I 5c Prepared by: John Yapp, Associate Planner, John Adam, Planning Intern, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 0.83 ACRES FROM PUBLIC (P) TO CENTRAL BUSINESS (CB-10) LOCATED SOUTH OF IOWA AVENUE BETWEEN LJNN STREET AND GILBERT STREET. WHEREAS, the applicanl, the City of Iowa City, has requested that the City rezone approximately 0.83 acres of property located on the southeast corner of Iowa Avenue and South Gilbert Street from P to CB-10; and WHEREAS, this property is occupied by the Tower Place Parking Facility; and WHEREAS, the Comprehensive Plan identifies as one of its transportation goals the construction of "off-street parking garages with ancillary uses" as a means of fostering economic growth and vitality; and WHEREAS, the Tower Place parking Facility currently complies with all dimensional requirements of the CB-10 zone; and WHEREAS, the Zoning Ordinance is being amended to allow facilities such as the Tower Place Parking Facility in the CB-IO zone; and WHEREAS, rezoning this property to CB-10 Will allow commercial and office uses to exist on the same property as pub;ic parking; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL: The property described below is hereby reclassified from its present classificafion of P to CB-10: PROCEEDING FROM THE NORTHEAST CORNER OF BLOCK 81 OF THE ORIGINAL TOWN PLAT WEST 240 FEET, THENCE SOUTH 150.4 FEET, THENCE EAST 240.17 FEET, THENCE NORTH 150 FEET TO THE POINT OF BEGINNING. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Ordinance No. Page 2 Iowa, to conform to this amendment upon final passage, approval, and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance and to record same in the Johnson County Recorders Office at the applicanrs expense upon passage and approval of this Ordinance. and parts of provision of this Ordinance are :hereby repealed. adjudged to be invalid or unConstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or pad thereof not adjudicated invalid or unconstitutional. 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 ,2001. MAYOR ATTEST: CITY CLERK Approved by City Attorneys Office Pcd/John A~lower p{ rez e~d .d~ Shared/pcd/John Ntower pl rez ord (2) STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp, Associate Planner; John Adam, Planning Intern Item: REZ01-00005, Tower Place Parking Facility Date: March 15, 2001 GENERAL INFORMATION: Applicant: City of Iowa City 410 East Washington St. Iowa City, IA 52240 Contact person: John Yapp, Associate Planner Iowa City Department of Planning and Community Development 410 East Washington St. Iowa City, IA 52240 Phone: 356-5247 Requested action: Rezoning the Tower Place Parking Facility from Public (P) to Central Business (CB-10) Purpose: To accommodate the co-existence of non-public commercial space and City- owned public parking within a common structure Location: Nodh half of Block 61 of original town plat; or, the SE corner of Iowa Avenue and Linn Street Property size: approximately 0.76 acres Existing land use and zoning: Retail, CB-10; municipal parking garage, vacant, P Surrounding land use and zoning: North: Univ. of Iowa, P; East: Religious, CB-2; South: EIder housing, P; commercial, CB-10; West: Retail, CB-10. Comprehensive Plan: The Comprehensive plan supports the construction of public parking facilities with ancillary uses. File date: March 15, 2001 45-day limitation period: Deferred to May 17, 2001 SPECIAL INFORMATION: Public utilities: Site is currently served by water and sanitary sewer facilities Public services: Police and fire protection are provided by the City. Private haulers provide waste collection service for the private businesses. Transpodation access: From Gilbert Street, Iowa Avenue and South Linn Street BACKGROUND INFORMATION: The Tower Place Parking Facility will be completed sometime this summer. Part of the land it sits on is zoned Central Business District, CB-10, while approximately two thirds of it is zoned Public, P. Normally, parking facilities are zoned Public, but Tower Place is a unique facility in Iowa City due to the intermixed use and ownership of the land it sits on. The private commercial spaces have been sold as condominium units, while the parking areas remain under City ownership. As currently written, the Zoning Ordinance requires land that is owned by the public to be zoned Public; land owned privately is not permitted to be zoned Public. Concurrent with the rezoning of this property, staff is recommending the Zoning Ordinance section pertaining to permitted uses in the Central Business District be amended to allow municipally owned, mixed-use parking facilities as a permitted use in the CB-10 and CB-5 zones (see associated memo). ANALYSIS: The 1997 Comprehensive Plan for Iowa City identifies as one of its transportation goals the construction of "off-street parking garages with ancillary uses" (p. 55) as a means of fostering economic growth and vitality. The type of zoning for this kind of use has not been previously determined; Staff considered the idea of applying "vertical" zoning to the facility (i.e., treating each level within the structure as a separately zoned space), but rejected it for the reason that doing so would establish a bad precedent; zoning applies to the land, not to the various levels of a structure. In order to allow for a mixed-use, mixed-ownership structure such as Tower Place, Staff recommends the Tower Place property be rezoned entirely to CB-10, and the zoning code be amended to allow municipal parking facilities in the CB-10 zone. The Tower Place Parking Facility currently complies with all dimensional requirements of the CB- 10 zone, including required setbacks and building height (14-6E-BE). STAFF RECOMMENDATION: Staff recommends that REZ01-00005, a request to rezone approximately 0.76 acres from Public, P, to Central Business Zone, CB-10, for property located in and comprising the North half of Block 61 of the original town ~lat, be approved. ATTACHMENTS: 1. Location Map Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development C:\urban planning\towerplacezoning,doc CITY Ot: IOtYA CITY SITE LOCATION: Tower Place REZ01-00005 05-15-0t 5d Prepared by: John Yapp, Associate Planner, John Adam, Planning Intern, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO. E, ENTITLED "COMMERCIAL AND BUSINESS zo. Es," TO O ,NEO, MIXED-USE IN THE CENTRAL BUSINESS SUPPORT ZONE (CB-5) AND THE CENTRAL BUSINESS ZONE (CB-10) WHEREAS, municpally owned parking facilities are permitted only in Public (P) Zones under current regulations in the Zoning Chapter; and WHEREAS, the Comprehensive Plan identifies as one of its transpodation goals the construction of "off-street parking garages with ancillary uses" as a means of fostering economic growth and vitality; and WHEREAS, facilities such as Tower Place parking facility, in which private and public uses coexist in the same structure, cannot be considered purely public uses; and WHEREAS, more such mixed-use facilities may be desirable in future, including conversions of facilities that, currently, are used only for parking; and WHEREAS, the planned South Side Transportation Center will be a mixed-use facility in a Central Business Support Zone (CB-5), necessitating the inclusion of that zone in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT: Chapter 6, Zoning Chapter, Article E, CommerCial and Business Zones, of the City Code is hereby amended by adding the following permitted use to subsection 14-6E-SB: 14-6E-8B(7): municipally owned parking facilities SECTION II, REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITy. If any section, provision or part of the O~inance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or Ordinance No. Page 2 pad thereof not adjudged invalid or unconsti- tutional. SECTION IV. 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 ,2001. MAYOR ATTEST: CITY CLERK City Attorneys Office Shared/pcd/John Ntower pl ord (2) City of Iowa City MEMORANDUM Date: April 12, 2001 (for April 19 Planning and Zoning Commission meeting) To: Planning and Zoning Commission From: John Yapp, Associate Planner John Adam, Planning Intern Re: Proposed Amendment to allow municipal parking facilities in the CB-10 and the CB-5 Zones The Tower Place Parking Facility is nearing completion, and some issues have arisen because of its mixed-use and mixed-ownership nature. Typically, properties that are owned by the City, such as the other downtown parking facilities, are zoned Public (P). In this case, however, the land cannot be zoned Public because parts of the facility have been condominiumized and sold to private property owners. Under the current zoning code, the property cannot be zoned entirely CB-10 because much of the facility is owned by the public, and the Zoning Code currently requires that properties owned by the pub- lic be zoned Public. A zoning code amendment is needed to allow for public parking and private commercial uses to coexist on the same property. To zone portions of the facility occupied by retailers as CB-10 would be a simple matter if it were not for the fact that public parking extends over every retail space. Because public parking extends over private retail space, staff needed to find a solution that al- lows both uses to coexist in the same zone. Staff feels the cleanest approach is to amend the Zoning Ordinance to include municipafiy owned parking facilities as a per- mitted use in the CB-10 zone, and to rezone the entirety of the Tower Place property as CB-10. The unique nature of the land use and intermixed ownership make this amend- ment necessary. The future Near South Side Transportation Center, to be located in the Central Business Support (CB-5) zone south of Burlington Street, will also require this amendment, because it, too, will be a mixed-use facility. This amendment will also allow for future development of mixed-use parking facilities and for conversion of existing parking facilities to include a mixture of uses in the future. Staff feels it is necessary to continue to permit only municipally owned parking facilities in the Central Business Zone, not private parking garages. The provision of parking fa- cilities is a responsibility the City should reserve for itself, for a number of reasons. One, funds collected from parking rates are used to maintain parking facilities and to help pay for new projects. Two, if the private sector were permitted to develop parking facilities, various undesirable scenarios could result, including the loss of downtown buildings for the sake of a private parking facilities. Therefore, staff recommends that private parking areas continue to be permitted only by special exception in the CB-10 zone. STAFF RECOMMENDATION: Staff recommends Sections 14-6E-7B and 14-6E-8B of the City Code be amended to include municipally owned parking facilities as permitted uses in the Central Business Support Zone (CB-5) and the Central Business Zone (CB-10). Robert Miklo, Senior Planner, Department of Planning and Community Development C:\urban planning\towerplacememo.doc 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 15th day of May, 2001, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, for the purpose of hearing comments for or against the amending of Title 3 of the City Code entitled "City Finances, Taxation & Fees", Chapter 4 on City utilities to increase the rates for fees and charges for wastewater treatment works user charges. information on the proposed rate increase or changes is available at the City C]erk's Office and the Department of Finance. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARlAN K. KARR, CITY CLERK Fintreas\wastewaternph.doc Prepared by: Kevin O'Malley, Finance Director, 410 E. Wasl~ngton St., Iowa City, IA 52240 (319)356-5053 ORDINANCE NO. ORDINANCE AMENDING TITLE 3. "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES. BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA. WHEREAS, pursuant to Chapter 384, Code of Iowa (1999}, the City of Iowa City is authorized to establish and provide for the collection of rates to pay for the City's utility systems, including the City's wastewater treatment facility system; and WHEREAS, wastewater rates, which were last increased in 2000, are proposed to be increased to generate adequate revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's wastewater treatment facilities; and WHEREAS, the City of Iowa City is required to comply with federal wastewater treatment standards, and is planning to make improvements to double the treatment capacity of the existing South Wastewater Treatment Plant; and WHEREAS, wastewater rates for fees and charges will fund these projects over time; and WHEREAS, the Iowa City City Council proposes to increase wastewater user fees by 5% for billings on or after August 1, 2001 to finance the necessary improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 4, entitled "Wastewater Treatment Works User Charges," of the City Code should be and is hereby amended by repealing Section 3-4-4 and enacting in lieu thereof a new section 3-4-4 entitled "Wastewater Treatment Works User Charges" to read as follows: Ordinance No. Page 2 3-4-4: WASTEWATER TREATMENT WORKS USER CHARGES: Sanitary Sewer Service Charges; Amount of Fee, City Code Description of Fee, Charge, Bond, Charge, Bond, Chapter, Article or Fine or Penalty Fine or Penalty Section Reference Minimum Monthly Charge (includes the First $ 7.18 14-3A-4 100 Cu. Ft. of Water Used) Monthly Charge for Each Additional 100 Cu. Ft. 3.52 14-3A-4 of Water Used Monthly Surcharge BOD (per pound) 300 or less MPL* Included in charge for 1 O0 14-3A-4 cu.ft. of water 3used BOD (per pound) from 301 MPL to 2000 MPL* .25 14-3A-4 BOD (per pound) greater than 2000 MPL* .375 14-3A-4 Suspended Solids (SS) (per pound) .20 14-3A-4 Monthly Minimum, Unmetered User 29.42 14-3A-4 Manufactured Housing Park, Monthly Minimum 29.42 14-3A-4 Per Lot Holding Tank Waste - plus landfill fees $.03 per gallon 14-3A-4 Holding Tank Waste Hauler - Annual Permit $800 per year 14-3A-4 Deposit and Delinquency Fee for Combined City Water 14-3A-7 and/or Sanitary Sewer and/or Solid Waste Collection Accounts Residential owner account, per combined $ 0 residential service for City water and/or sanitary sewer and/or solid waste collection service Residential tenant account, per combined resi- $50.00 dential service for City water and/or sanitary sewer and/or solid waste collection service Five (5) percent delinquency charge on current 5% current billed portion of the outstanding amount on billed portion combined water and/or sanitary sewer and/or solid waste account that is not paid within twenty-two (22) days of billing date, Delinquency Deposit Fee for Combined City Water An amount 14-3A-5 and/or Sanitary Sewer and/or Solid Waste Collection equal to an aver- Accounts age two-month billing for the delinquent account *Milligrams per liter (MPL) Ordinance No. Page 3 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole Or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, to be collected as set forth in §14-3A-4, City Code. Passed and approved this~ day of ,2001. MAYOR ATTEST: CITY CLERK A C'ty ttorney s Office ol Date NOTICE OF PUBLI,C 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 the15~h day of May, 2001, in the Civic Center Council Chambers, 410 E Washington St, Iowa City, Iowa or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: 1. The Iowa City Housing Authority's updated Annual Plan advising HUD, its residents and members of the public of the needs of low-income and very low-income families, and their strategy for addressing those needs. The plans will be available for public review at the Iowa City Housing Authority. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 15t~ day of May, 2001, at 7:00 p.m. in the Council Chambers of the City of Iowa City, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution of Intent to Convey the property known as Peninsula Neighborhood, First Addition, Iowa City, Iowa, to Terry L. Stamper Holdings, L.L.C. Said property is located in Iowa City, Johnson County, Iowa, and is described as follows: A part of Auditors Parcel No. 2001020, as recorded in the Office of the Johnson County Recorder; in the Southwest Quarter of Section 4, Township 79 North, Range 6 West of the 5th Principal Meridian, Johnson County, Iowa, more particularly described as follows: Commencing at the South Quarter Corner of Section 4, Township 79 North, Range 7 West of the 5th P.M., Johnson County, Iowa; Thence N01°39'04"W, 1317.71 feet to the North Line of the East Quarter of the Southwest Quarter of said Section 4; Thence S89°42'21"W, 562.55 feet to a Northeasterly Corner of Auditor's Parcel 2001020; Thence S89°44'39"W, 330.00 feet along Auditors Parcel 2001020; Thence N01°37'40"W 203.27 feet along an easterly line of said parcel to the Point of Beginning; Thence N01°39'47"W, 779.35 feet along an easterly line of said Auditors Parcel 2001020; Thence S76°14'45"W, 468.87 feet along a northerly line of said Auditors Parcel 2001020; Thence N65°31'42"W, 517.98 feet along a northerly line of said parcel; Thence S27°46'06"W, 217.50 feet; Thence S62°13'54"E, 15.70 feet; Thence S27°46'06"W, 178.00 feet; Thence S62°13'54"E, 313.28 feet; Thence N29°51'49"E, 8.47 feet; Thence S60°00,57"E, 386.25 feet; Thence N29°51'49"E, 226.16 feet; Thence S85°42'12"E, 163.84 feet; Thence S30°01'32"W feet; Thence S60°08'11"E, 191.33 feet; Thence S00°01'28"W, 54.39 feet; Thence S89059'01"E, 193.27 feet to the Point of Beginning; and containing 12.09 acres, subject to easements and restrictions of record. 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. MARlAN K. KARR, CITY CLERK