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1987-10-21 Public hearing
NOTICE OF PUBLIC NEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 pm. m the 21st day of October, 1986, in the Civic Center Council Onanbers, Iova City, Iova; at which hearirg the Council will consider the follow- ing iters: 1. Ph ordinance amending Section 36.58(b)(4) of the Zoning Ordinance clarifying the nurber of re- quired parking or stacking spaces for use con- version. Pn ordinance vacating an alley extending between South Gilbert Court and South Van Buren Street, in Block 3, Lyon's First Addition. Copies of the proposed ordinanoe are m file for public emnination 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. WMN K. KW, CM CLERK -1 STAFF REPORT To: Planning and Zoning Commission Prepared by: Barry Beagle Item: V-8603. East/West Alley, Block 3, Date: September 18, 1986 Lyon's First Addition. GENERAL INFORMATION Applicant: Jeanette Meade for Susan Gaffey 54 Pawling Avenue Troy, New York 12180 Requested action: Vacation of an unimproved alley right-of-way. Purpose: To permit acquisition by the applicant. Location: An east -west alley extending between South Gilbert Court and South Van Buren Street, south of the Chicago, Rock Island and t Pacific Railroad. Size: 20 feet by 207 feet (4,140 square feet). Existing land use and zoning: i Unimproved; RS -8. Surrounding land use and zoning: North - Residential; RS -8, South - Residential; RS -8. East - Residential; RS -8. West - Residential; RS -8 & CI -1. Applicable regulations: Chapter 364, Code of Iowa, 1985. Comprehensive Plan (Short -Range): I Residential; 8/16 DUA. i SPECIAL INFORMATION Public utilities: No public utilities are located in the right-of-way. Transportation: The right-of-way is unimproved and is not used to provide access to any of the adjoining proper- ties. /711Y 2 ANALYSIS The applicant is requesting to vacate the alley extending between South Gilbert Court and South Van Buren Street in Block 3, Lyon's First Addition. The applicant is acquiring the abutting property on both the north and south sides of the right-of-way. The right-of-way is unimproved and does not provide access to abutting lots. No public or private utilities extend through the alley and, therefore, no easements will be required upon vaca- tion. Staff finds no public purpose in retaining the right-of-way and, has no objections to the vacation of this property. Section 409.25 of the Code of Iowa, states that upon vacation of an unimproved alley which contains no public utilities, the property reverts automatically to abutting properties. STAFF RECOMMENDATION Staff recommends that the vacation of the east -west alley extending between South Gilbert Court and South Van Buren Street, in Block 3, Lyon's First Addition, be approved. ATTACHMENTS 1. Location map. 2. Ownership map. Approved by. ona meiser, irec or Department of Planning and Program Development { fl LOCATION MAP V-8603 'y �*Too b .wwson.. ain't 'Al- 4- ce,l. pie MJ - ILLL I ei 1- i1 s .a M J �.•,'IJd Ettricecueaawr �L-sm�—_- f — -• --•-� nzo— in aiaw 2ol.ea'tnl is+'fah I Z.r© .wwson.. ain't I I certify that during the sath of safest, DN,at the dlnctla Schsuerna-Richardson, a ..ray ns a"@, elver a me Mwl J.. of L 1, 1, S and a portion of Lot 1, all of Mrr7bill Addition, to laws Cl Ion, In accordance with the Recorded Plat thereof. I further certify that Ne Plat a aha. la a correct nOnuntatlo, I� the curvy and that all cursors an asrhed as Indicated, 41, 9-k-�. Robart D. Rlcblae An. Rn. 70M Dona9taf/ ^/ ,la�.�� Subs bad In and seen before w this Qday ef,iLt io �( 77 1 RotirIvPubllc. In add for the use of ion 111 1 ILLL Ettricecueaawr �L-sm�—_- f — -• --•-� nzo— in I I certify that during the sath of safest, DN,at the dlnctla Schsuerna-Richardson, a ..ray ns a"@, elver a me Mwl J.. of L 1, 1, S and a portion of Lot 1, all of Mrr7bill Addition, to laws Cl Ion, In accordance with the Recorded Plat thereof. I further certify that Ne Plat a aha. la a correct nOnuntatlo, I� the curvy and that all cursors an asrhed as Indicated, 41, 9-k-�. Robart D. Rlcblae An. Rn. 70M Dona9taf/ ^/ ,la�.�� Subs bad In and seen before w this Qday ef,iLt io �( 77 1 RotirIvPubllc. In add for the use of ion 111 1 0 ORDINANCE N0. AN ORDINANCE VACATING 11E MID -BLOCK ALLEY EXTEIDIIG BE WB SOIIIN GILBERT CM AND SWM VAN Bf U4 STREET IN BLOCK 3, LYON'S FIRST ADDITION. autho"�,COde(915) ion40�)ricit councils tsection t9lys and other public lands which were dedicated by plat for at least ten years, but vhich are not open to vehicular traffic or used for utility equipnent; and "WAS, upon recording of the vacation ordinance the land is deemed to have been conveyed to proprie- tors of adjoining land; and he �t east�andity Council mmt babe 'Ren Lo� that -4 the alley and Lot 5 in Block 3, Lyon's First Addition to Iae City, vas dedicated by plat more than ten years ago, and is neither Open to vehicular traffic nor used for Utility equipment. IDN, 11EWONE, BE IT WINED BY THE CITY COIN - CIL OF IONA CITY, I(pA IMT; SECTION I. VACATION. Pursuant to authority con- n awa section 409.25, the 20 -foot wide alley extending lo Lot 5 in Blak east and hest beheen Lots 1-4 and ck 3, Lyon's First Addition to Iwa City, lohnson county, Iowa, is hereby vacated. f SECTION II. OYRFJ>SNIP. The southerly ten (10) feet o sa eey r -o may shall be cleared to have been conveyed to the Proprietor of Lot 51 Block 3, Lyons First Addition, and the personal representa- tives, successors and assigns of said proprietor; and one-fourth of the northerly ten (10) feet of said alley shall be deened to have been conveyed to the Proprietors of each of Lots 1, 2, 3, and 4 of said Block 3, Lyon's First Addition, and to the Personal representatives, successors and assigns of said proprietors, SECTION III. REPEALER; All ordinances and parts of ordinance di�on �n� with the provisions of this SECTION IV. SEVERABILITY: any section, provi- sion or part of this ordinance shall be adjudged to be invalid on unconstitutional, such adjudication shall not affect the validity of this ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V, EFFECTIVE DATE: This ordinance shall be n e a en i ecncl Passage, approval and Publication as required by Jaw. Passed and approved this ATTEST; Reaelved It Approv By the Legal DepaAnwr 7�T ai WICE CF RIBLIC TEARING 1btice is hereby given that a public hearing will be held by the City Cooncil of Iove City, love, at 7:30 pm. on the 21st day of October, 1986, in the Civic Center Council Ombers, Ione City, Ione; at rich hearing the Council will consider the follow. ino item: 1' An ordinance aredinng Section 36-58(b)(4) of the Zoning Ordinance clarifyirg the nwbe- of re- quired parking cr stacking spaces for use con- version. 2. An ordinance vacating an alley extending bebeen South Gilbert Court ani South Van Buren Street, in Block 3, Lyon's First Addition. Copies of the proposed ordinance are on file far public exanination in the office of the City Clerk, Civic Center, Iove City, Ione. Persons wishing to make their vievs krnovrn for Council consideration are encouraged to appear at the abbe-nerntionai ttne and place. MARIAN K. KARR, CIiY CLERK ?/S� City of Iowa City MEMORANDUM Date: September 18, 1986 To: Planning and Zoning Commission From: Barry Beagle, Associate Planner Re: Section 36-58(b)(4) Ordinance Amendment On August 12; 1986; the City Council acted to refer the proposed amendment to Section 36-58(b)(4) back to the Commission for further consideration. Once it was determined that the fraternity at 711 E. Burlington Street could satisfy the parking requirements without benefit of an ordinance amendment, the Council desired further input from the Commission regarding the recognition of trees as a feature limiting the provision of additional parking. As the Commission will recall; on June 5, 1986, the ordinance amendment failed to receive a favorable on by a vote of 3-3 and was referred to the City Council with no recommendation. The proposed amendment did not recognize natural features as limitation to the provi- sion of additional parking except for a tree(s) measuring 10 inches in diameter where not required to be removed. The attached ordinance amendment is substantially the same as the previous amendment considered by the Commission with the exception of the language concerning natural features and trees being excluded. /sp 7W :l aq MIME NO. ORDINANCE TO MUD M OFF-STREET PARKING REQUIRE- MENTS OF THE ZONING ORDINANCE TO CLARIFY TRE N CER OF REQUIRED PARKING CR STACKING SPACES FOR USE CONVERSIONS. WHEREAS, the Dff-Street Parking Rtzquirewts are intended to mintnix congestion and parking on the street and adjacent properties; and WfEFEAS, the Dff-Street Parking Lequirenents established minium mcber of parking and stacking spaces to be provided prier to occupation of the building or ommecenent of the principal use; and WIEAFAS, the Off -Street Parking Requirements permit the carversion of a use without full xmpli- arce with the required nurber of parking or stacking spaces order certain conditions; and WHEREAS, said corditions need to be anerded to clarify the nurbe- of additional spaces provided upon a use conversion; and WERmFAS, the City of I" City find the Ordi- nance anerdnent to accurately clarify the intent of this provisions. NOW, WREFOLE, I£ IT RESOLVED BY THE CITY CF ICLA CITY: SECTION I. ANEN00M. That Section 36.58(b)(4) of the Code of brains shall be amended deleting said Section and inserting in lieu thereof the following: (4) A use existing prior to the effective date of this Chapter, for vhich the current required nunbe^ of parking or stacking spaces is not Provided, my be converted to another use without full canpliannce with the required nurber of parking or stacking spaces, provided that: a. If Section 36-58(a) would require a greater number of parking or stacking spaces for the converted use than were required for the established use, the increased number of parking or stacking spaces shall be pro- vided in canpliance with Section 36-5B(c). b. In addition to the nMirber of spaces re- quired oder subparagraph a, or if subpara- graph a is not appl icable, as omy additional spaces shall be presided as the lot will accomodate. SECTION II. REPEALER: All ordinances and parts of rnances in conflict with the provision of this ordinance are hely repealed. "r Ordinance No. Page 2 SECTION III. SEVERABILITY: If any section, provi_ s on ar P o e nonce shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a chole or' any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE: This Ordinance shall in Refa after 1 passage, approval and publication as required by law. Passed and approved this ATTEST: CITY CLERK By 1h° Koval pApproval 07 i' j