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Home My WebLink About1988-07-12 Ordinance75111",TT*511 ORDIWILE VACATING A PCRTICN CF MAIDEN LANE. WERFAS, vacation of the right-of-way described below will facilitate developneht of a tract of lad south of Harrison Street and east of Maiden law and will permit the redevelopiet of the formr Regina Elmmtary Sctnol property on Gilbert Street; and WIfRFAS, this segneht of Maiden Lore has never been inpmved and provides no vehicular or pedes- trian access to adjacent properties; and MUDS, the future connection of portions of Maiden Lane on either side of Ralston Creek is not anticipated. NOW,HRUCK, BE IT Of UN D BY 1LE CITY MKIL OF THE CITY OF IM CITY, ICI A: SECTION 1. VACATION. That the City of Ioe City hereby vacates that portion of Maiden Lane legally described below: The North 19 feet of the Maiden Lae rk t-of-uqy lying South of the Southright-of-way line of Harrison Street Extended . Also described as, Begiming at the Northeast Comer of Block 20, County Seat Addition to Iowa City, thence 900'43'00"E, 19.00 feet along the West right-of- way line of Maiden Lane, thence 589'37'54"E to the East right-of-way line of Maiden Lae, there North along the East right_ of-vgy line of Maiden Lane 19.00 feet to the South rkfd-of-W lire of Harrison Street Extended, thalce NB9"37154"W along the South right-of-way line of Harrison Street Bdeded to the Point of Beginning. SECTION II, REPEALER: All ordinrces and parts of ordinances in conflict with the provisions of this Ordinance are herety repealed. SECTION III. SEVERABILITY: If any section, provi- sion or part of the Ordinance shall be adjudged to be invalid or uoanstitutiaml, 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 as required by law. a Ordinance No. Page 2 Passed and approved this WYOR ATTEST: CITY a�ac Approved as to Foran R&- *7-744 Lepl epawrent i N i ,I i i i Ordinance No. Page 2 Passed and approved this WYOR ATTEST: CITY a�ac Approved as to Foran R&- *7-744 Lepl epawrent i N City of Iowa City MEMORANDUM Date: July 6, 1988 To: City Council From: Monica Moen, Associate Planner ' 0A_o Re: V-8803. Maiden Lane Vacation In addition to the request to vacate 19 feet of Maiden Lane between the southern right-of-way line of Harrison Street and Ralston Creek, Benjamin Chait requests vacation of the Harrison Street/Maiden Lane intersection. At its June 16, 1988, meeting, by a vote of 6-0, the Planning and Zoning Commission recommended to deny vacation of this intersection. This recommendation is consistent with the staff report dated June 16, 1988. Mr. Chait does not wish the Council to consider vacation of the intersec- tion at this time. 9 bc3 STAFF REPORT To: Planning and Zoning Comnission Prepared by: Monica Moen Item: V-8803. Maiden Lane Vacation Date: June 16, 1988 GENERAL INFORMATION Applicant: Benjamin P Chait Requested action: Purpose: Location: Size: Surrounding land use and zoning: Applicable regulations: SPECIAL INFORMATION Public utilities: Transportation: 218 E. Washington Street Iowa City, Iowa 52240 Phone: 338-0354 Vacation of a portion of the Maiden Lane right-of-way. To permit acquisition by adjoin- ing property owners. Maiden Lane between the northern right-of-way line of Harrison Street to Ralston Creek. 47' x 99'; 4,653 sq, ft. North - Undeveloped and Commer- cial; Rll-145 and CC -2. East - Parking Area; CC -2. South - Ralston Creek. West - Undeveloped; RM -145. Chapter 364 of the Code of Iowa, 1987. Storm and sanitary sewers and telephone services are known to be located in this right-of-way. The portion of the right-of-way intersecting with Harrison Street allows vehicular and pedestrian traffic between Maiden Lane and Harrison St. No properties rely upon the strip of right-of-way between the south right-of-way line of Harrison St, and Ralston Creek for access. r�� 1 BACKGROUND The applicant, Benjamin Chait, owns property on the east side of the portion of Maiden Lane under consideration and has offered to purchase the City -owned parcel of land south of Harrison Street and west of Maiden Lane. On May 17, 1988, the City Council approved the resolution accepting Mr. Chait's offer to purchase this parcel. Mr. Chait intends to develop the westerly parcel in conjunction with the redevelopment of the former Regina Elementary School property on Gilbert Street as a multi -family residential development. Be- cause this undeveloped parcel is within 300 feet of the former school, Mr. Chait proposes to use a portion of the site for off-street parking for the school site tenants and to develop the balance of the tract for a high-rise multi -family residential use consistent with the R14-145 zoning classifica- tion. Part of the parking needs for the high-rise residential use on the Linn and Harrison streets property would be provided on-site; Mr. Chait proposes to provide the balance of the required off-street parking within the parking area immediately east of Maiden Lane. The two parking areas are separated from one another by the Maiden Lane right-of-way. At a minimum, Mr. Chait requests that 19 feet of Maiden Lane immediately north of Ralston Creek be vacated to enable access between the two parking areas. Vacation and disposi- tion of this portion of the right-of-way to Mr. Chait would allow the Linn and Harrison streets property and the parking area east of Maiden Lane to be integrated and, therefore, considered a single lot. While Maiden Lane was originally platted approximately 57 feet wide, on December 3, 1875, the City Council vacated the eastern 10 feet of this right- of-way from Court Street to Ralston Creek. The remaining unvacated portion of Maiden Lane, therefore, measures about 47 feet wide. In conjunction with another application before the Commission which requests vacation of Maiden Lane from Court Street to the northern right-of-way line of Harrison Street, Mr. Chait has expanded his request to also include that portion of Maiden Lane from the northern right-of-way line of Harrison Street to the southern right-of-way line of Harrison Street. Because the two por- tions of this application are not dependent upon one another for Mr. Chait to benefit, each request will be discussed separately. ANALYSIS Vacation of the 19 foot by 47 foot portion of Maiden Lane north of Ralston Creek. The 19 foot long segment of Maiden Lane between the Harrison Street/Maiden Lane intersection and Ralston Creek has never been improved nor are there any plans for its future improvement. This segment provides no vehicular or pe- destrian access to adjacent properties and, because future access across Ralston Creek to the portion of Maiden Lane south of the creek is not antici- pated, this segment must not be reserved to allow connection of the right- of-way now interrupted by the creek. /0442 3 A 48 inch north -south oriented storm sewer is located within this right-of- way and terminates at Ralston Creek. Telephone conduit may also be buried in this location. Iowa -Illinois Gas & Electric Company has expressed an inter- est in an access easement over this portion of Maiden Lane to provide serv- ices needed to permit the redevelopment of the properties in the immediate area. With disposition of other former City -owned land adjacent to Ralston Creek, the City has retained a 20 foot wide access easement along the creek to allow access to utilities and to permit the repair and maintenance of the Ralston Creek channel. Staff has no objections to vacation of the 19 foot section of Maiden Lane immediately north of Ralston Creek if an easement is retained on the entire right-of-way area to allow access to existing and proposed utilities and to permit access to Ralston Creek. While drives, walkways and/or parking areas could be constructed on this easement, buildings or other structures could not be erected. I Vacation of the Harrison Street/Maiden Lane intersection. Maiden Lane, between Court Street and the southern right-of-way line of Harrison Street, provides vehicular and pedestrian access to the rear entrances of existing buildings which front onto Gilbert Street. Deliveries are often made to these commercial uses via this right-of-way. Its intersec- tion with Harrison Street allows larger delivery vehicles to conveniently exit the area via Harrison Street thereby avoiding the need to back onto Linn Street. In staff's opinion, it is in the public interest not to vacate this intersection to prevent conflict between larger vehicles backing onto Linn Street and vehicular and pedestrian traffic within the Linn Street right-of- way. STAFF RECOMMENDATION Staff recommends that the proposed vacation of a segment of Maiden Lane between the southern right-of-way line of Harrison Street and Ralston Creek be approved with an easement maintained over the entire area of this approxi- mate 19 foot by 47 foot right-of-way. Staff recommends that the request to vacate the approximate 80 foot by 47 foot Harrison Street/Maiden Lane intersection be denied. ATTACHMENTS 1. Location Map. 2. Maiden Lane Right -of -Way Vacation lat. Approved by: D nald S meiser, Director Department of Planning and Program Development / m vd, 9 �� ....- •��-�� , ■ 1 1►-� X11 = -® PA rb w lit mm ■A ± iC. _ ■ ■i y. PA OE MUIII W. V-8803 VACATION OF MAIDEN LANE RIGHT-OF-WAY o OCK 19 COUNTY SEAT ADDITION BLOCK 20 COUNTY SEAT ADD i I o l I I J 1 b BLOCK 2 o Q BERRYHILL AND PIERCE ADDITION 0 BLOCK 5 x c LYON'S FIRST ADDITION w s a J O I / NOL�RITH SCALE: I" - 60' DESCRIPTION OF PARCEL TO BE VACATED: THE NORTH 19 FEET OF THE MAIDEN LANE RIGHT -OF -NAY LYING SOUTH OF THE SOUTH RIGHT -OF -NAY LINE OF HARRISON STREET EXTENDED. ALSO DESCRIBED AS, BEGINNING AT THE NORTHEAST CORNER OF BLOCK 20, COUNTY SEAT ADDITION TO IOWA CITY, THENCE SOD°43'00"E, 19.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF MAIDEN LANE, THENCE S89°37'54"E TO THE EAST RIGHT -OF -NAY LINE OF MAIDEN LANE, THENCE NORTH ALONG THE EAST RIGHT -OF -HAY LINE OF MAIDEN LANE 19.00 FEET TO THE SOUTH RIGHT -OF -NAY LINE OF HARRISON STREET EXTENDED, THENCE 1189°37'54"W ALONG THE SOUTH RIGHT -OF -HAY L114E OF HARRISON STREET EXTENDED TO THE P0INT OF BEGINNING. ALSO, THAT PORTION OF THE HARRISON STREET AND MAIDEN LANE RIGHT-OF-WAY'S DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF BLOCK 20, COUNTY SEAT ADDITI0N TO IOWA CITY, THENCE NORTHERLY TO THE SOUTHEAST CORNER OF BLOCK 19 IN SAID COU14TY SEAT ADDITION, THENCE EASTERLY TO THE SOUTHWEST CORNEA OF BLOCK 2, BERRYHILL AND PIERCE ADDITION TO IOWA CITY, THENCE SOUTHERLY TO THE NORTHWEST CORNER OF BLOCK 5, LYON'S FIRST AODITI0N TO IOWA CITY, THENCE WESTERLY TO THE POINT OF BEGIIIIIING. A PLAT DESCRIBING A PORTION OF THE MAIDEN LANE RIGHT-OF-WAY TO BE VACATED. /044L I OFOINANCE NO. AN ONDINPI CE MMING THE ZONING OGIWNCE BY QiNGING TIE USE REGUATI(NS OF CERTAIN WOUTIES LOCATED AT 1807, 1809, 1813, 1819, 1825 AND 1831 LOWER MSCATINE ISD Flit RS -5 TO RS -8. WERFAS, the properties described below are across the street from properties zoned CC -2 and which have developed for cmmercial purposes; and ifUDS, traffic generated by those camercial establishnonts affects this law density single- family residential neighborhood more than other nearby neighborhoods zoned RS -5; and — IiERFA4, it is appropriate to allow the properties to be used for nediun density single- family residential uses as a result of their exposure to activities associated with adjacent carmemial uses. NOW,NREFORE, BE IT OfQ14IMED BY TIf CITY OOKIL OF TIE CITY OF IOTA CITY, IOWA: SECTION 1, ZONING PFEIOENf. That the properties described below are hereby reclassified from their present classification of RS -5 to 1": Lots 6, 7, 8, 9 in Marion Subdivision (1813, 1819, 1825, 1831 Lower Muscatine Road). . Tract 2 as shown in Plat Book 11, Page 83 (1809 Lower Muscatine Road). Begin at Intersection CA FD 8 N -S j Section Line S 360.72 feet Elly 367.9 feet to Beginning Ex Tracts 162 PB 11-83 All in Section 14-79-6, (1807 Lower Muscatine RDA). SECTION II, ZONING WxP. The Building Inspector is hereby authorized and directed to charge the zoning map of the City of Iowa City, Iowa, to conform to this ane-dut upon final passage, approval and publication of this Ordinance as provided by lar. SECTION III. CERTIFICATION AND . The City Cleric is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Office of the County Recorder of Jdrtsm County, Iowa. SECTION 1V, REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SLVERABILM. If any section, provision or part of this 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 VI, EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. /Of -'3 Crdinarke No. Page 2 Passed and approved this WYCR WEST: CITY CL9K Approved as to F" 0R 7-7-d Lega artwt STAFF REPORT To: Planning & Zoning Commission Prepared by: Monica Moen Item: Z-8807. 1807, 1809, 1813, 1819, Date: May 19, 1988 1825, 1831 Lower Muscatine Road GENERAL INFORMATION Applicant: Patrick J. Greene, owner of /Dr%w property at 1813 Lower Muscatine Road 114 East Prentiss Iowa City, Iowa 52240 Phone: 338-6155 Requested action: Rezoning from RS -5 to RS -8. i Purpose: To permit duplex development on this block. I Location: South side of Lower Muscatine Road between Sycamore Street and DeForest Avenue. Existing land use and zoning: Residential, Photography Studio (home occupation); RS -5. Surrounding land use and zoning: North - Commercial, Residen- tial; CC -2 East - Undeveloped, Residen- tial; RS -5 South - Residential; RS -5 West - Residential; RS -5 Comprehensive Plan: Residential: 2-8 dwelling units/acre. File date: April 18, 1988 45 -day limitation period: June 2, 1988 BACKGROUND Mr. Greene owns the property at 1813 Lower Muscatine Road and wishes to convert the residential dwelling on the lot to a duplex. The property is located in the RS -5 zone in which duplex units are not permitted. Pro- vided duplexes are developed in accordance with the dimensional require- /Dr%w r 2 ments of the RM -12 zone, and that the minimum lot area is 8,700 square feet, duplexes are permitted in the RS -8, Medium Density Single -Family Residential Zone. Because the characteristics of the applicant's property are indistinguish- able from those of adjacent property, rezoning only this lot from RS -5 to RS -8 is not warranted. The applicant, therefore, appeals to the Commis- sion to recommend in favor of rezoning all of the lots on the south side of Lower Muscatine Road between Sycamore Street and DeForest Avenue from RS -5 to RS -8. Based upon information staff has received from the City Assessor's Office, the City's Engineering Division and the Department of Housing and Inspec- tion Services, it appears that three of the six lots under consideration, including the applicant's, exceed the 8,700 square foot minimum lot area required to establish a duplex in the RS -8 zone. A structure, accessory to a residential use on Sycamore Street, occupies one of the lots. The remaining five lots are occupied by single-family residences. Four of the dwellings are owner -occupied, and one also houses a photographic studio, a home occupation. Only the applicant's property is non -owner occupied. The following analysis considers the merits of rezoning this block from RS -5 to RS -8. ANALYSIS The City's short- and long-range development plans for the block under consideration call for residential land uses at a density range of 2-8 dwelling units per acre. The RS -5 zoning designation is consistent with that land use classification. The reasonableness of this land use classi- fication in this area is reinforced by the actual use of existing struc- tures within the block as single-family dwelling units even though the properties are exposed to commercial uses across the street. There is no information available to suggest that conditions exist which mitigate against continued use of homes within the block for single-family residential dwelling unit purposes. No changed circumstances or situa- tions have been noted been noted within the commercial zone across the street or within the immediate neighborhood that make RS -5 zoned, sin- gle-family residential use of the property burdensome. As noted, the block is predominately in owner -occupied, single-family residential use. Based on information available, it appears that the RS -5 zoning classifi- cation permits the continued reasonable use of the property and serves to conserve and protect the predominance of single-family dwelling unit uses within the block. No public health, safety or general welfare reasons have been given for amending the zoning classification. STAFF RECOMMENDATION Staff recommends that the request to rezone property located at 1807, 1809, 1813, 1819, 1825, and 1831 Lower Muscatine Road from RS -5 to RS -8 be denied. /D#3 3 ATTACHMENTS 1. Location map. 2. Legal description of property. Approved by: G �CsertDirecctc ona Schme�irec oo—fir Department of Planning and Program Development /Ot/�3 T vi slim ARE Mu Jack Miller Ken O'Donnell Pat Greene Tim Krantz MILLER •O'DONNELL, INC. REALTORS 114 E. Prentiss P.O. Box 3250 Iowa City, IA 52244 Area Code 319 338.6155 Legal Description of property to be Rezoned. Lots 6,7,8,9 in Marion Sub -Division. or 1813,1819,1825,1831 L. Musc. Tract 2, as shown in Plat Bookll, Page 83. known ias 1809 L. Muscatine Begin at Intersection C/L RD & N -S h Section Line S. 360.72' E' LY 367.9' to Benning Ex Tracts 1&2 PB 11-83 All in Section 14-79-6,otherwise Known as 1807 Lower Muscatine. WE THE UNDERSIGNED ARE OWNERS OF PROPERTY ON THE 1800 BLOCK OF LOWER NUSCATINE AVENUE, AND SUPPORT THE REZONING OF OF THE BLOCK FROM RS5, TO RS8. � �� I �'.u..'V ili • Y .�: a,��L<-l. � � � �� _7- •h"-'.'V � � d.ai. �...t_ •J(.0 - - kL,CL•'IVCD- JUN 13 19ea P.P.D. DEPARTMENT /0�3 r ORD114NICE N.O. 88-3386 ORDINANCE TO NUD TIE OFF-STREET PAWING REQUIRE- MENTS IN THE CB -2 ZONE. WEREAS, the parking regulations stipulate that ane off-street parking space shall be provided for every 300 square feet of office use in the CB -2 zone; and WHEREAS, the City recognizes the need to evalu- ate the future of the downtown and its service area before rrejor changes are made in the City's zoning boundaries or parking requirenents; and WIEREAS, it is in the public interest to fully utilize larger office buildings which were con- structed at a tine when little or no off-street parking was required in the CB -2 zone or downtown service area; and IMEIVS, the current parking requirerehts may preclude full utilization of buildings for uses permitted in the zone, thereby dictating a less intense use of the land in this service area than is desirable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CaMIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. HAMA lf. That Subsection 36-58(a)(2)1.2. of the Iawa ity Code of Ordinances is hereby deleted and the following inserted in lieu thereof: 2. CB -2 One (1) parking space for each 300 square feet of floor area to a maxi - mm of 27 spaces. No additional parking shall be required for that i area exceeding 8,000 square feet. SECTION II. REPEALER. All ordinances and parts ofot anances mcan h with the provision of this ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or pa Rance 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 publi tion as required by law. PasseddW approved this Iia day of July, ATTESTF CITY CLEW Approved as to Form Legal Deparimen 10T It was moved by Ambrisco and seconded by Strait that the Ordinance as rea e a op e , and upon roll call there were: AYES: NAYS: ABSENT: R Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait First Consideration 6/14/88 Vote for passage: Ayes: Courtney, Dickson, Horowitz, McDonald, Strait, Ambrisco. Nays: Larson. Absent: None. Second Consideration 6/28/88 Vote for passage: Ayes: Horowitz, McDonald, Strait, Ambrisco, Courtney. Nays: Larson. Absent: Dickson. Date published 7/20/88