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HomeMy WebLinkAbout2022-04-05 OrdinanceItem Number: 10.a. A pril 5, 2022 O rd inan ce vacating approximately 3,000 sq u are feet of public rig h t-of-way abuttin g 829 Kirkwood Avenue an d au thorizin g con veyance to Ritu Jain an d Brad l ey J. Pouleson. (VAC21-0001) AT TAC HM E NT S : Description Staff Report P&Z minutes 3-2-22 Ordinance STAFF REPORT To: Planning & Zoning Commission Prepared by: Anne Russett, Senior Planner Item: VAC21-0001 Date: February 16, 2022 829 Kirkwood Ave GENERAL INFORMATION: Applicant: Martin Construction 1824 G Street Iowa City, IA 52240 319-248-0561 martinconstruction@live.com Property Owner: Ritu Jain rjtextiles@gmail.com Requested Action: Vacation of the public right-of- way adjacent to Keokuk St. Purpose: To accommodate construction of a garage at 829 Kirkwood Ave. Location: Right-of-way adjacent to 829 Kirkwood Ave. Parcel #1015403002. Location Map: Size: Approximately 3,000 square feet Existing Land Use and Zoning: Vacant; OHD RS-8, Medium Density Single Family Residential with a Historic District Overlay Surrounding Land Use and Zoning: North: RS-8, Medium Density Single Family South: RS-8, Medium Density Single Family East: RS-8, Medium Density Single Family West: RS-8, Medium Density Single Family File Date: March 29, 2021 45-Day Limitation: NA BACKGROUND INFORMATION: Martin Construction submitted an application on behalf of the property owner to vacate approximately 3,000 square feet of right-of-way located adjacent to 829 Kirkwood Avenue. If granted, the vacation would allow for a contiguous lot at 829 Kirkwood Avenue. The property owner is interested in building a garage behind the home, which currently is not possible due to the location of the public right-of-way. The right-of-way was platted as an alley in the Lucas Addition, but an alley was never built. An application to vacate the subject right-of-way was recommended for approval by the Planning and Zoning Commission on April 17, 2008 but was deferred indefinitely by the applicant before City Council approval was granted. ANALYSIS: The following factors are to be considered in evaluating a vacation request: a) Impact on pedestrian and vehicular access and circulation; b) Impact on emergency and utility vehicle access and circulation; c) Impact on access of adjacent private properties; d) Desirability of right-of-way for access or circulation needs; e) Location of utilities and other easements or restrictions on the property; f) Any other relevant factors pertaining to the specific requested vacation. a) Vehicular and pedestrian circulation and access to private property: The right-of-way is not improved and not used for vehicular or pedestrian circulation or access to any property. Vacation of the subject right-of-way will not affect vehicular or pedestrian circulation in any way. b) Emergency and utility and service access: The right-of-way is not accessed by emergency or utility vehicles. c) Impact on access of adjacent private properties: Since an alley was never built in the subject right-of-way, there is no impact on access of adjacent private properties. A north-south alley between Kirkwood Avenue and Florence Street provides access to all adjacent private properties. d) Desirability of right of way for access or circulation needs: Staff has determined that there is no need to maintain the right-of-way for access or circulation needs. e) Location of utilities and other easements or restrictions on the property: The right-of-way does not contain any City utilities. Private utilities have been contacted and asked to identify any utilities currently on-site. If the right-of-way is vacated, easements will need to be granted for any utilities that may exist, or alternatively, the utilities will need to be relocated. f) Any other relevant factors pertaining to the specific requested vacation: Staff does not believe there are any other relevant factors pertaining to the specific requested vacation. NEXT STEPS: Upon recommendation by the Planning and Zoning Commission, the proposed vacation will be reviewed by the City Council. The City Council will discuss the both the proposed vacation and the conveyance of this land. STAFF RECOMMENDATION: Staff recommends the approval of VAC21-0001 a vacation of the public right-of-way adjacent to 829 Kirkwood Ave, subject to the retention of any necessary utility easements. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Aerial Map Approved by: ______________________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services KIRKWOOD AVES LUCAS STKEOKUK STMARCY STRS5 P2 RS8 VAC21-0001829 Kirkwood Ave.µ 0 0.01 0.020.005 Miles Prepared By: Joshua EngelbrechtDate Prepared: April 2021 An application submitted by Martin Construction, to request the vacation of the public right-of-way for approximately 3,000square feet of property in order to aquire this portion of the right-of-way and add it to the adjacent property located at 829Kirkwood Ave. Overlay Zones Overlay Description Historic District (OHD) KIRKWOOD AVES LUCAS STKEOKUK STMARCY STVAC21-0001829 Kirkwood Ave.µ 0 0.01 0.020.005 Miles Prepared By: Joshua EngelbrechtDate Prepared: April 2021 An application submitted by Martin Construction, to request the vacation of the public right-of-way for approximately 3,000square feet of property in order to aquire this portion of the right-of-way and add it to the adjacent property located at 829Kirkwood Ave. MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION MARCH 2, 2022 – 6:00 PM – FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig (via phone), Mike Hensch, Phoebe Martin, Maria Padron, Billie Townsend MEMBERS ABSENT: Mark Nolte, Mark Signs STAFF PRESENT: Sarah Hektoen, Anne Russett, Parker Walsh OTHERS PRESENT: Brad Paulson RECOMMENDATIONS TO COUNCIL: By a vote of 4-0 (Martin recused herself) the Commission recommends approval of VAC21-0001, a vacation of the public right-of-way adjacent to 829 Kirkwood Avenue subject to the retention of any necessary utility easements. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. VAC21-0001: Location: 829 Kirkwood Avenue An application for a vacation of public right-of-way. Martin recused herself from the discussion and vote. Russett began the staff report with an aerial map of the property showing where the proposed vacation is. She also showed the zoning map noting this property is zoned RS-5 and she noted the property is actually a local historic landmark as well. Russett pointed out the property is split by the right-of-way that exists on the property and added it is actually a public right of-way as the alley was platted in the Lucas Addition in 1857 but the alley was never improved. Back in 2008, the City received an application for a vacation, and the Planning and Zoning Commission recommended approval of that vacation. However, it was deferred indefinitely when it went to Council, and so that approval was never granted. The City received a new application requesting the vacation of this public right of-way last year because the property owner is interested in building a garage behind their home. In terms of reviewing vacations, there are six criteria that staff look at and Russett reviewed each one of those individually. The first is the impact on pedestrian and vehicular access and circulation. Russett noted the right of-way is not currently used for vehicular or pedestrian circulation or access to any property. Additionally, the vacation of the right-of-way will not affect vehicular or pedestrian circulation in any way. The next criteria is impact on emergency and utility vehicle access and circulation. Again, the right of-way is not accessed by emergency or utility vehicles either. The third criteria is related to the impact on access of adjacent private properties. As previously mentioned, the alley is not improved and therefore the vacation will not impact access of adjacent private properties. Russett pointed out a north/south alley between Kirkwood Avenue and Florence Street which provides access to all the adjacent private properties. That existing north/south alley will be maintained. The next criteria is the desirability of the right of-way for access or circulation needs. Staff determined that there is no need to maintain the right-of-way for access or circulation. Next is the location of utilities and other easements or restrictions on the property. The right-of-way does not contain any City utilities and private utilities have been contacted and asked to identify any utilities that are currently on site. If the right-of-way is vacated easements will need to be granted for any utilities that may exist or those utilities would need to be vacated or relocated. Lastly, if there's any other relevant factors pertaining to this specific request, and there are none that staff has identified. Staff does recommend the vacation of this alley contingent upon the retention of any necessary utility easements. The right-of-way was never built and therefore the vacation will not affect traffic, emergency or utility service access or adjacent private properties. Next steps, upon the Planning and Zoning Commission's recommendation, the proposed vacation will be reviewed by City Council and City Council will also discuss the conveyance of the land to the applicant. Staff recommends approval of VAC21-0001, a vacation of the public right-of-way adjacent to 829 Kirkwood Avenue subject to the retention of any necessary utility easements. Townsend is curious why City Council didn't approve it last time. Russett replied because the applicant actually requested that it be deferred indefinitely, and they never brought it back. Craig asked if there is payment from the applicant to the City for the vacation. Russett confirmed that is correct. Hensch asked where the north/south alley is so Russett showed on the map where the alley is. Padron asked if there are any utilities that have to be moved will the City have to pay for that. Russett replied that is the property owner’s responsibility. Hensch opened the public hearing. Brad Paulson (829 Kirkwood Avenue) is the applicant but wanted to clarify that he and his wife are not the original applicants for the vacation. Hensch closed the public hearing. Townsend moved to recommend approval of VAC21-0001, a vacation of the public right- of-way adjacent to 829 Kirkwood Avenue subject to the retention of any necessary utility easements. Padron seconded the motion. Hensch noted he can't see a single reason not to approve this as it has never been used as an alley. A vote was taken and the motion passed 4-0 (Martin recused). Martin rejoined the meeting. I0•°' Prepared by:Anne Russett,Senior Planner,410 E.Washington Street, Iowa City, IA 52240;(VAC21-0001) Ordinance No. Ordinance vacating approximately 3,000 square feet of public right-of-way abutting 829 Kirkwood Avenue and authorizing conveyance to Ritu Jain and Bradley J. Pouleson (VAC21-0001) Whereas, the applicant, Ritu Jain and Bradley J. Pouleson, have requested that the City vacate and convey to them approximately 3,000 square feet of the public right-of-way abutting their property at 829 Kirkwood Avenue; and Whereas, this portion of right-of-way is not currently utilized by the public for access or circulation, and no public water and sanitary sewer utilities exist on this portion of the right-of-way; and Whereas, at its meeting on March 2, 2022, the Planning and Zoning Commission recommended approval of the vacation; and Whereas, Staff has determined that this portion of right-of-way serves no benefit to the public and recommends approval of the vacation and conveyance; and Whereas, at its March 22, 2022 meeting, Council adopted a resolution declaring its intent to consider the conveyance of this right-of-way to Ritu Jain and Bradley J. Pouleson, authorizing publication of public notice of the proposed conveyance and setting a date and time for public hearing on this matter; and Whereas, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Vacation. The City of Iowa City hereby vacates that portion of public right-of-way described as follows: The 20-foot wide alley lying south and adjacent to Lots 3 and 4, Block 1, Lucas Addition to Iowa City, Iowa, according to the recorded plat thereof in Book 13, Page 580, Deed Records of Johnson County, Iowa ("Real Estate"). Section II. Conveyance. The Mayor and City Clerk are authorized, upon approval of the City Attorney, to execute all documents necessary to convey any interest in the above-described property to Ritu Jain and Bradley J. Pouleson via quit claim deed for $3,990.00. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Section III. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Ordinance No. Page 2 Section IV. 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 V. 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 , 20_. Mayor: Approved by: ATTEST: City Clerk City Attorney's ffice—03/31/22 Ordinance No. Page 2 It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter Bergus Harmsen Taylor Teague Thomas Weiner First Consideration April 5, 7077 Voteforpassage: AYES: Alter, Bergus, Harmsen, Taylor, Teague, Thomas, Weiner NAYS: None ABSENT: None Second Consideration Vote for passage: Date published