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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