HomeMy WebLinkAbout2002-02-05 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 Fifth day of February, 2002, in Emma
J. Harvat Hall, 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:
An ordinance to rezone approximately 0.63
acres of property located at 707 Dubuque
Street from High Density Multi-Family, RM-
44, to Sensitive Areas Overlay, OSNRM-44.
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: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ01-00010)
AN ORDINANCE TO REZONE APPROXIMATELY .63 ACRES LOCATED AT 707 DUBUQUE
STREET FROM HIGH DENSITY MULTIFAMILY, RM-44, TO HIGH DENSITY
MULTIFAMILY/SENSlTIVE AREA OVERLAY, RM-44/OSA.
WHEREAS, the applicant, Larry Svoboda, has requested a zone change from High Density
Multifamily, RM-44, to High Density Multifamily/Sensitive Area Overlay, RM-44/OSA, and approval of a
Sensitive Areas Development Plan for a 10-unit apartment building located at 707 Dubuque Street; and
WHEREAS, the proposed development will be located on a site with steep, critical and protected
slopes; and
WHEREAS, it has been determined by Terracon Consultants Inc. that said slopes are humanly
altered, and therefore may be developed; and
WHEREAS, the applicant has agreed to demonstrate that the design of the proposed development
will not undermine the stability of the slope and is consistent with the intent of the Sensitive Areas
Ordinance; and
WHEREAS, the applicant has requested a reduction of the south side yard from 7' to 5' in order to
minimize the encroachment of the development on critical and protected slopes, and existing trees and
shrubs located near the north property line; and
WHEREAS, at its January 3, 2002 meeting, the Planning and Zoning Commission recommended
approval of the proposed rezoning and Sensitive Area Development Plan, subject to the City Engineer
approving detailed plans;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL.
1. The property described below is hereby reclassified from its present classification of High Density
Multifamily, RM-44, to High Density Multifamily/Sensitive Area Overlay, RM-44/OSA.
The north 100 feet of the south 170 feet of Outlot 33 in Iowa City. According to the plat
thereof recorded in Book 1, Page 116, plat records of Johnson County, Iowa, subject to
easement to the State of Iowa to construct and maintain a retaining wall along the river front
on the westerly side of said premises, and subject to easements and restriction of record.
2. The Sensitive Area Development Plan for the property described above, is hereby approved.
SECTION I1. VARIATIONS. The regulations of the Sensitive Areas Ordinance permit flexibility in the
development of structures and land where such variation from the conventional requirements of the
underlying zone will not be contrary to the purpose and intent of the Zoning Ordinance, not be
inconsistent with the Comprehensive Plan, nor be harmful to the neighborhood in which located. A
reduction of the south side yard requirement from seven (7) feet to five (5) feet is consistent with these
standards and is hereby approved as part of the Sensitive Areas Development Plan,.
SECTION II1. 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 IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same at the
office of the County Recorder of Johnson County, Iowa, all as provided by law.
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 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 VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of ,2002.
MAYOR
A'CrEST:
CITY CLERK
Ap~ '~"1/'"/'/~ ~-'
~ City Attor~'y's O~-~e
Shared/pcd/sh ~Iley/REZO 1 _O0010Svoboda/REZO 1_00100rd.¢3c
Prepared by: Shelley McCafferty, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 (REZ01-00010)
AN ORDINANCE TO REZONE APPROXIMATELY .63 ACRES LOCATED AT 707 DUBUQUE
STREET FROM HIGH DENSITY MULTIFAMILY, RM-44, TO HIGH DENSITY
MULTIFAMILY/SENSITIVE AREA OVERLAY, RM-44/OSA.
WHEREAS, the applicant, Larry Svoboda, has requested the said rezoning for the development of a
10-unit apartment building; and
wHER.E,~AS, the proposed development will be located on a site with steep, critical and protected
slopes; and
WHEREAS. it bas been determined by Terracon Consultants Inc. that sa slopes are humanly
altered, and therefore may be developed; and
WHEREAS, the desi~..of the proposed development will not undermin stabilJty of the slope and
is consistent with the intent o'f..[he Sensitive Areas Ordinance; and
WHEREAS. the apl uested a reduction of the sour yard from 7' to 5' in order to
minimize the encroachment of the elopment on critical and slopes, and existing trees and
shrubs located near the north and
WHEREAS, at its January 3, 2002 the Zoning Commission recommended
approval of the proposed rezonin I detailed plans;
NOW, THEREFORE, BE iT ORDAINED COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. APPROVAL. The property described belo ~ reclassified from its present
classification of High Density Multifamily, RM-44, to , Multifamily/Sensitive Area Overlay, RM-
44/OSA.
The north 100 feet of the south 170 feet 33 in ty. According to the plat thereof
recorded in Book 1, Page 116, plat reco of Johnson subject to easement to the
State of Iowa to construct and maintain wall along the front on the westerly side of
said premises, and subject to restriction of record.
SECTION II. ZONING MAP. The I Inspector is hereby to change the
zoning map of the City of Iowa City, to conform to this amendment passage, approval
and publication of this ordinance as ' law.
SECTION III. CONDITI( The mayor is hereby and directed
to sign, and the Cit~ Conditional Zoning Agreement between the owner ~e property
and the City, following passage ~ of this ordinance.
SECTION IV. CERTIFICAT RECORDING. Upon passage and approval of the
the City Clerk is hereby auth¢ and directed to certify a copy of this ordinance and to
same at the office of the Cour 2f Johnson County, Iowa, all as provided by law.
SECTION V. REPEALI All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are her ~ealed.
SECTION VI. SEVE if any section, provision or part of the Ordinance shall be adjudged
to be invalid or unconsti such adjudication shall not affect the validity of the Ordinance as a whole
or any section, provis~ or part thereof not adjudged invalid or unconstitutional.
SECTION VII. DATE. This Ordinance shall be in effect after its final passage, approval
and publication, as by law.
Passed and a day of __, 2002.
MAYOR
ATTEST:
CITY CLERK
by
_0010ord.doc
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Shelley McCafferty
Item: REZ01-00010 Date: December 20, 2001
GENERAL INFORMATION:
Applicant: Larry Svoboda
16 Cherry Lane NE
Iowa City, IA 52240
Requested Action: Rezoning from RM-44 (High Density Multi-Family) to
OSA/RM-44 (Sensitive Areas Overlay)
Purpose: To allow the construction of a 10-unit apartment
building that will encroach onto altered critical and
protected slopes.
Location: 707 N. Dubuque Street
Size: .63 acres
Existing Land Use and Zoning: RM-44, fraternity house
Surrounding Land Use and Zoning: North: RM-44, Fraternity
East: RM-44, Fraternity
South: RM-44, Fraternity
West: Public, Riverfront
Comprehensive Plan: Residential, 25+ dwelling units per acre
File Date: December 3, 2001
45-Day Limitation Period: January 17, 2001
BACKGROUND INFORMATION:
The applicant has requested a rezoning from High Density Multi-Family (RM-44) to Sensitive
Areas Overlay (OSA/RM-44) for the property located at 707 North Dubuque Street. The applicant
intends to demolish an existing fraternity house and construct a ten-unit apartment building, which
is permitted within the RM-44 zone. The applicant is required to provide 30 off-street parking
spaces. The proposed building would encroach onto critical (20%-39%) and protected (40% or
more) slopes, requiring that a sensitive areas development plan and rezoning be reviewed, and
approved prior to the issuance of a building permit.
ANALYSIS:
Sensitive Area Ordinance/Development Plans: The intent of the Regulated Slopes section of
the Sensitive Areas Ordinance is to protect the stability of potential erodible slopes from
development activities and to preserve the scenic character of wooded hillsides. Generally,
2
protected slopes of over 40% are to be avoided and protected with a buffer at the top and bottom
of the slope. Development within critical slopes is discouraged, but not prohibited. In this case,
the slopes that exist on the property fall under the category of "altered protected slopes", as past
filling and dumping created them. The Sensitive Areas Ordinance allows development within
altered critical and protected slopes provided that a professional engineer can demonstrate to the
satisfaction of the City that development activity will not undermine the stability of the slope. In
addition, the City must determine that the development activities are consistent with the intent of
the Sensitive Areas Ordinance.
In a December 24, 1997 letter from Terracon Consultants, Inc. to Brad Houser, the property
owner, regarding subsurface exploration for a proposed condominium complex, Andre M. Gallet
concludes, "...it is our opinion that the proposed development can be designed such that the
stability of the slope will not be undermined nor result in any global stability problems. In addition,
it is our opinion that the existing slope has a iow factor of safety against deep-seated slope failure,
and the proposed development would significantly increase its factor of safety." At that time, the
proposed development was to be located on the lower, west side of the site. Soil borings were
taken from the upper, east side of the site, where the current development is proposed. The soil
engineer will need to determine if the same conclusion is applicable to the new building location.
The applicant is proposing construction of a ten-unit apartment building with four bedrooms per
unit. The building will be two stories in height at the Dubuque Street frontage. Three stories of
apartment units and a lower level of parking will be visible from the river side of the
development. Twenty-four of the required 30 spaces will be located below the building in two
levels. The remaining six spaces will be surface parking located on the west side of the
development. Both the surface and below grade parking will be screened with a masonr~ wall
and landscaping. The development will be located upon a~tered protected and critical slopes that
are towards the east and south side of the site, which is allowed under the Sensitive Areas
Ordinance. The altered protected and critical slopes that are located on the north side of the site
contain existing trees and brush. The applicant is requesting that the side yard on the south side
of the site be reduced from seven to five feet to minimize encroachment on north side slopes and
vegetation. The building directly south of this property is located 18' from the property line.
Therefore, the side yard reduction will not cause inadequate light and ventilation between the
properties. This side yard reduction is in compliance with the intent of the Sensitive Areas
Ordinance.
Traffic: A driveway to the parking will be located near the existing driveway to the property. The
new driveway will be constructed on concrete piers, similar to bridge construction. This will
eliminate the need to have extensive retaining walls at the north edge of the development, which
would have more detrimental impact on the steep site. The grade of the site driveway will be
reduced from approximately 25% to 10-12%. This proposed drive has been evaluated by City
Transportation Planners who determined that the lower grade will result in a safe site distance
from the drive to Dubuque Street. In addition, the current development of this property when used
as a fraternity or boarding house, had no off-street parking. The new development will have 30
parking spaces.
Comprehensive Plan: The Comprehensive Plan Landuse Map calls for 25 or more dwelling units
per acre on this property. The proposed development will have a density of only 6.3 dwelling units
per acre. This devetopment is located on Dubuque Street, which is an entrance corridor to Iowa
City. The Comprehensive Plan states attractive entranceways should be created and maintained.
The proposed development will be only two-stories tall on the Dubuque Street frontage, and
located with a 25' front setback that is appropriate to the street and nearby properties, in addition,
this development will be subject to design review under the Multi-Family Infill Design Standards,
which is intended to ensure that the development is compatible with the neighborhood.
3
Summary: Staff finds that this proposed development is consistent with the intent of the
Sensitive Areas Ordinance. In addition, the development should not adversely impact parking
in the neighborhood or Dubuque Street traffic. The design of the development will contribute
the maintenance of Dubuque Street as an attractive entrance corridor.
STAFF RECOMMENDATION:
Staff recommends that REZ01-00010, an application for rezoning from High Density Multi-Family
(RM-44) to Sensitive Areas Overlay (OSA/RM-44) on .63 acres located at 707 S. Dubuque Street,
be approved, pending conformation by the soil engineer that this development will not adversely
impact the stability of the slopes.
ATTACHMENTS:
1. Location map
2. Applicant's statement as to why the zone change is warranted.
3. Site plan
4. Elevation drawings
Approved by:
Robert Miklo, Senior Planner,
Department of Planning and Community Development
Tlpcdlshe~leylREZ01-000 ~ 0/REZ01-00010staff
BROWN
RONALDS~
<(
CHURGH
FAIRCHILD
DAVENPORT
SITE LOCATION: 707 N. Dubuque Street REZ01-00010
· ' ..... OUTLOT 3,~ IOWA CITY, IOWA
~,~,~__ _-- ._-..._-
'* ~ .~,.'~. -.:-..:.... .......
UPPER Lc~/~L PARKING
I
-' ,i W z' .//
STATEMENT OF INTENT
I HAVE ENTERED INTO A PURCHASE AGREEMENT WITH BRAD HOUSER AND
BECKY HOUSER TO PURCHASE THE PROPERTY AT 707 N DUBUQUE STREET.
THE PURCHASE IS CONDITIONED UPON OBTAINING APPROVAL OF THE
SENSITIVE AREA PLAN THAT I AM SUBMITIING.
MY PLAN IS TO REMOVE THE CURRENT FRATERNITY HOUSE FROM THE LOT
AND REPLACE IT WITH AN UPSCALE 10 UNIT APARTMENT BUILDING. THE
CURRENT STRUCTFURE HAS BEEN VACANT OR NEARLY VACANT OVER THE
LAST COUPLE OF YEARS, IS IN DISREPAIR, AND HAS NO OFF STREET
PARKING.
THE PROPOSED NEW BUILDING WILL BE UPSCALE IN DESIGN, AND WILL BE
LOCATED AT THE TOPSIDE OF THE LOT, BECOMING MORE VISIBLE FROM
THE STREET. THE NEW STRUCTURE WILL PROVIDE 30 PARK SPACES, ALL
MOSTLY LOCATED UNDER AND INSIDE OF THE BUILDING. THE LOCATION
OF THE BUILDING ON THE UPPER PART OF THE LOT WILL STABILIZE THE
SLOPE AS PER THE ENGINEER REPORT FROM TERRACON CONSULTANTS.
CONSTRUCTION WILL BEGIN IN MAY OF 2002 AND COMPLETION WILL BE IN
MAY OF 2003.
THE NEW STRUCTURE WILL ADD TO THE APPEARANCE OF THE
NEIGHBORHOOD, PROVIDE MORE ADA ACCESSIBLE HOUSING, PROVIDE
FOR OFF STREET PARKING NOT NOW AVAIl.ABLE, AND IT WILL ADD TO THE
PROPERTY TAX BASE OF IOWA CITY.
RESPECTFULLY,
LARRY S¥OBODA
CAMPUS VIEW APARTMENTS