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HomeMy WebLinkAbout1998-01-27 Public hearingNOTICE 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 27= day of January, 1998, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearings the Council will consider the following items: 1. An ordinance vacating .50 acres of Waterfront Drive, located south of Highway 6 and east of Gilbert Street. Copies of the proposed ordinances 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: John Yawp, Assoc. Planner, 410 E. Washing~o~ Street, Iowa City, IA 52240; 319-3S6-5247 ORDINANCE NO. AN ORDINANCE VACATING 0.5 ACRES OF WATERFRONT DRIVE, AN UNDEVELOPED RIGHT-OF-WAY LOCATED SOUTH OF US HIGHWAY 6 AND EAST OF GILBERT STREET WHEREAS, the City of Iowa City wishes to vacate 0.5 acres of Waterfront Drive; and WHEREAS, the pavement within this right-of- way was removed in 1997 to accommodate the construction of a sanilary sewer line along the Waterlront Drive right-ot-way, and the pavement WHEREAS. the City does not intend to im- prove this portion of the Waterfront Drive right- WHEREAS, the City intends to subd'wide this right-of-way into four parcels and dispose of them to four ~ IXOp~ies, and WHEREAS, the adjacent properties will incor- porate the disposed of right-of-way into their WHEREAS. all public and private utility ease- rnents will be retained. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SI=CTION I. VACATION. Subject to the reten- tion of all public and private u~ilities easements, the City of Iowa City hereby vacates the portion of the Watedmnt Drive right-of-way legally de- Beginning at the Northeast Comer of Lot 1 of a "Resubdivision of a Portion of Govern- ment Lot 4 of Section 15, T79N, R6W of the 5" P.M." in accordance with the Plat thereof Recorded in Plat Book 30 at Page 116. of the Records of the Johnson County Re- corder's Office; Thence S89°56'23"W, along the North Line of said Lot 1. a distance of 15.05 feet, to the Southeast Comer of Lot 3, of Southgate Addition, Part One, in accor- dance with the Plat thereof Recorded in Plat Book 9. at Page 54. of the Records of the Johnson County Recorder's Office; Thence N23°09'33"W along the Easterly Une of said Lot 3, a distance of 127.10 feet; Thence Orcinance No. Page 2 Norllwveste~y, 23.56 feel, along said East- ~ Line, along a 15.00 foot radius curve, concave Southwesterly, whose 21.22 foot chord beam N68°10'28'W; Thence N23°11'23'W. 50.00 feel, to a point on the Southerly Line of LOf 1, of said Southgate Addition, Part One; Thence N68~48'37"E, 55.03 feet; Thence N23~'~, 14.55 fee{; Thence S71°15'57"E, 21.18 feet; Thence N11"lS'37"E, 30.49 feet, to the of-Way Line of U.S. Highway No. 6, and the Westefty Right-of-Way Line of Waleffront Drive; Thence S23"09'33'E, along said Weslefty Right-of-Way Line, 307.10 feet; Thence S04"26'40"E, along said Westerly Right-of-Way Line, 23.52 feet; Thence S78~11'57"W, 6~.65 feet, to a Poinl on the Easterly Line of Lot 1, of said Resubd'wision of a Portion of Govemmant LOt 4, of Section 15-T79N-R6W of the 5' P.M.; Thence Northwesterly 94.10 feet along said Easterly Line on a 502.67 foot radius curve, concave Southwesterly, whose 93.96 foot chord bears N17~09'49'W, to the Point of Begin- ning. Said tract of land contains 0.50 acres, more or less, and is subject to easemerits and restrictions of record. SFCTION II. RFPFAI !=R. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance me hereby repealed. S~:CTION III. SFVFRABI! ITY. If any section, provision or part of the Ordinance shall be ad- judged 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 unconsti- tutional. SFCTION IV. FFFI::CTIVF DATF. This Ordi- approval and publication, as provided by law. Passed and approved this day of ,19 MAYOR ATTEST: CITY CLERK STAFF REPORT To: Planning and Zoning Commission Prepared by: John Yapp Item: VAC97-0003 Vacation of portion of Waterfront Drive Date: December 18, 1997 GENERAL INFORMATION: Applicant: City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Contact person: Charles Schmadeke 319-356-5140 Requested action: Vacation of a 0.5 acres of Waterfront Drive Location: South of Highway 6 and east of Gilbert Street Size: 0.5 acres Existing land use and zoning: Undeveloped, CC-2 Surrounding land use and zoning: North: East: South: West: Commercial, CC-2 Vacant Commercial, CC-2 Commercial, C1-1 Commercial, CC-2 Comprehensive Plan: General Commercial File date: November 26, 1997 45-day limitation period: January 10, 1997 BACKGROUND INFORMATION: The City is initiating an application for the vacation of 0.5 acres of the Waterfront Drive right- of-way, located east of Gilbert Street and south of Highway 6. Most of this portion of Waterfront Drive was vacated in 1995 as the result of a City initiated action to reduce traffic congestion in the area, particularly at the Waterfront Drive and Gilbert Street intersection. The City has not yet disposed of the portion of Waterfront Drive vacated in 1995. Because of adjacent property owners wishing to acquire portions of Waterfront Drive that have not been vacated, the City desires to vacate a slightly larger area. In order to vacate one contiguous piece of property, the City proposes to vacate 0.5 acres of Waterfront Drive, approximately 17,000 square feet of which was vacated in 1995. It is anticipated that a subdivision of the vacated portion of Waterfront Drive will be proposed at the Commission's next meeting. A subdivision of the of the vacated portion of Waterfront Drive will allow portions of it to be sold to property owners of adjacent properties, who will incorporate the vacated portion into their parking lots. Earlier this year the City constructed a sanitary sewer line along the center of the Waterfront Drive right-of-way, tearing up the pavement in the process. The pavement was not replaced in the vacated portion, it is graded and planted with grass. ANALYSIS OF THE VACATION APPLICATION: Before vacating a street or alley right-of-way, the City should be reasonably sure that the vacation will not negatively affect adjacent properties, and that public access will not be needed along the right-of-way in the future. None of the adjacent properties will lose access from this proposed vacation, and they may benefit by gaining parking spaces. The City's reason for vacating this portion of Waterfront Drive is to inhibit through traffic along Waterfront Drive, thereby reducing the amount of traffic using the Waterfront Drive and Gilbert Street intersection. The north portion of Waterfront Drive, off of Gilbert Street, provides access only to the Country Kitchen and Carlos O'Kellys sites, as well as to the future site of the proposed Car-X Muffler Shop. The vacated portion, once it is disposed of to adjacent property owners, is intended provide a parking area and common access between the sites of the businesses. In March 1997 the Board of Adjustment granted a special exception for an auto and truck oriented use at the site of the future Car-X Muffler Shop. One of the conditions of that special exception is that the site shall provide no vehicular access between the two portions of Waterfront Drive. In addition, the Board of Adjustment specified that a six inch (6") curb is to be incorporated into the paved area at the southern end of the site to prevent vehicular access from the Car-X Muffler Shop site to any properties to the south. Staff recommends that this proposed vacation should also be approved subject to the vacated portions never serving as an access between the north and south portions of Waterfront Drive. Staff has no objections to the vacated portion serving as a common parking area for adjacent businesses if it is sold to them. An easement will be retained by the City over the entire vacated portion for the municipal utilities which run through the Waterfront Drive right-of-way. The utility companies have been notified of this request and have been asked to review the proposal and respond prior to the December 18 Commission meeting if easements need to be retained in this area. Utility easements over the vacated area will restrict development potential to surface parking and landscaping. STAFF RECOMMENDATION: Staff recommends that VAC97-0003, a request to vacate 0.5 acres of Waterfront Drive, located south of Highway 6 and east of Gilbert Street, be approved, subject to the vacated portion never serving as access between the north and south portions of Waterfront Drive, and the retention of all necessary utility easements. ATTACHMENTS: 1. Location Map. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development I1 Cl I CC 2 RFBH RM SITE LOCATION Waterfront Drive Vacation SUB97-0033 & VAC97-0003 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE CONSTRUCTION OF WATER MAINS - PENINSULA PROPERTY, WATER FACILITIES IMPROVEMENTS PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will con- duct a public hearing on plans, specifications, form of contract and estimated cost for the con- struction of the Water Mains - Peninsula Proper- ty, Water Facilities Improvements Project in said City at 7:00 p.m. on the 27th day o! January, 1998, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Council of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK