HomeMy WebLinkAbout1998-06-16 Public hearing 321 East Market
Post Office Box 2150
Iowa City, towa 52244
Phone: (319) 354-1104
Fax: (319) 354-6962
PHELAN
WALKER
A T T 0
TUCKER
TUCKER
R N E Y S
June 4, 1998
MULLEN
GELMAN
A T L
LLP
A W
William V. Phelan
Charles A, Mullen
Bruce L. Walker
Richard M, Tucker
Thomas H. Gelman
Gary J. Schmit
Margaret P. Winegarden
Julie L. Pulkrabek
John E. Beasley
Ernie Lehman
Mayor of Iowa City, Iowa
Civic Center
410 E. Washington Street
Iowa City, IA 52240
Re: Michael Hoogerwerf- Green Mountain Meadow Subdivision
Dear Ernie:
I write to you as follow-up to my letter of June 2, 1998 regarding the above-
referenced matter.
It is my understanding that there may be a need for special counsel meetings in June,
1998. If these meetings are held I would like the counsel to consider Mr.
Hoogerwerf's Rezoning and Subdivision Applications at these meetings.
Specifically, to hold the public hearings and readings if possible at the June
meetings. This would provide Mr. Hoogerwerf the opportunity to have his
applications approved earlier than July 28, 1998.
Certainly, I urge the counsel to hold the special meetings in June, 1998. Although I
understand the Counse!'s need for summer vacations there is much business that
needs the counsel's attention.
Darnel W. Boyle
Michael J, Pugh*
Andrew B. Chappall
William M. Tucker
Of Counsel
Please telephone me if you have questions.
Very truly yours,
J~/dL B~easley
C
*Also admitted in Illinois
June 4, 1998
Page 2
Marian Karr
Iowa City Clerk
Civic Center
410 E. Washington Street
Iowa City, IA 52240
Bob Miklo
Planning Department
Civic Center
410 E. Washington Street
Iowa City, IA 52240
321 East Market
Post Office Box 2150
Iowa City, Iowa 52244
PHELAN TUCKER
WALKER TUCKER
A T T 0 R N E Y S
MULLEN
GELMAN
A T L
LLP
A W
Phone: (319) 354-1104
Fax: (319) 354-6962
June 2, 1998
William V. Phelan
Charles A. Mullen
Bruce L. Walker
Richard M. Tucker
Thomas H. Gelman
Gary J. Schmit
Margaret R Winegarden
Julie L. Pulkrabek
John E. Beasley
Daniel W. Boyle
Michael J. Pugh*
Andrew B. Chappell
William M. Tucker
Of Counsel
Ernie Lehman
Mayor of Iowa City, Iowa
Civic Center
410 E. Washington Street
Iowa City, IA 52240
Re: Michael Hoogerwerf- Green Mountain Meadow Subdivision
Dear Ernie:
I represent Michael Hoogerwerf. Mr. Hoogerwerf has a pending subdivision and
rezoning application for Green Mountain Meadow subdivision. This application
requires a rezoning to a Sensitive Area Overlay zone.
On May 21, 1998, the Planning and Zoning Commission approved Mr.
Hoogerwerf's preliminary plat by a 7-0 vote. The public hearing on the rezoning is
to set on June 16, 1998. It is also my understanding that the public hearing on the
rezoning will be held on July 7 and the first, second and third readings on July 28
and August 25.
Mr. Hoogerxverf is scheduled to close on the real estate that is subject to the
subdivision and rezoning application on July 1, 1998. Understandably, Mr.
Hoogerwerf is anxious to move the application along as quickly as possible.
It is my understanding that the City Council has a shortened summer schedule and
this may result in delaying approval of Mr. Hoogerwerf's application until August
25, 1998.
I have spoken to Marian Karr and Bob Miklo regarding this matter. They indicated
that with approval of City Council the first reading on Mr. Hoogerwerf's rezoning
application could be set on July 7 rather than July 28, 1998 and that it could be
approved on July 28 rather than August 25.
*Also admitted in Illinois
June 2, 1998
Page 2
It is important to Mr. Hoogerwerf to be in position to have the subdivision process
completed as soon as possible. Therefore, Mr. Hoogerwerf and I would appreciate
the Council's efforts in setting the first reading on July 7, 1998.
Please telephone me if you have questions.
Very truly yours,
Beasley
J~i/dc
cc: Marian Karr
Iowa City Clerk
Civic Center
410 E. Washington Street
Iowa City, IA 52240
Bob Miklo
Planning Department
Civic Center
410 E. Washington Street
Iowa City, IA 52240
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 16th day of June,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
veln~eAn ordinance vacating Second
A Court, located between First Avenue
and Second Avenue, north of Muscatine
Avenue.
2. An ordinance vacating the northern
200 feet of the alley between Lafayette Street
and Benton Street, west of Dubuque 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
ppdadm/nph-0616.doc
Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, IowaCity, IA 52240; 319-356-5247
ORDINANCE NO.
AN ORDINANCE VACATING SECOND
AVENUE COURT, LOCATED BETWEEN
FIRST AVENUE AND SECOND AVENUE,
NORTH OF MUSCATINE AVENUE.
WHEREAS, The Place/Commercial Real
Estate has requested the City vacate Second
Avenue Court to allow for the development of
an approximate 16,000 square foot
Walgreen's foodmart and pharmacy on the
block northwest of the 1st Avenue and
Muscatine intersection; and
WHEREAS, by vacating this street and
disposing of it to the applicant, the City will
be making possible a larger commemial
development than would otherwise be
possible on this block; and
WHEREAS, the applicant has agreed to
a number of conditions on the
redevelopment of the vacated property which
will address and satisfy public needs and
concerns caused by the redevelopment of
the vacated property.
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
SFCTION I. VACATION. Subject to the
retention of all necessary public and pdvate
utility easements, the City of Iowa City
hereby vacates Second Avenue Court,
legally described below, subject to the
following:
1. The applicant obtaining notarized
letters of no objection from all the property
owners abutting the north and south sides of
Second Avenue Court.
2. The site plan for the redevelopment
of the property generally conforming to the
landscaping plan submitted to the
Department of Planning and Community
Development on May 14, 1998.
3. The light from the redeveloped site
being no more than one foot-candle along
the north and west property lines.
4. Pedestrian connections being
included from the sidewalks along 1st Avenue
and Muscatine Avenue to the store entrance
on the redeveloped site.
5. Two feet of width being added to the
landscaped area between the sidewalk and
the parking lot along the 1st Avenue frontage
on the redeveloped site.
6. The redeveloped entrance drive
along 1st Avenue being no wider than it
Ordinance No.
Page 2
needs to be to accommodate truck tuming
movements.
7. The applicant dedicating 7 feet of
frontage along Muscatine Avenue as public
right-of-way, and 2.5 feet of frontage along
l=t Avenue as public right-of-way in
conjunction with the redevelopment.
8. The store on the redeveloped site
shall not accept truck deliveries between the
hours of 10 p.m. and 6 a.m.
9. The Director of Planning approving
the height of the light poles on the west and
north sides of the redeveloped site.
The vacated portion of Second Avenue
Court is legally described as follows:
Second Avenue Court, located within
Block 6, East Iowa City, Iowa City, Iowa,
as recorded in Book 1, at Page 92 in the
Office of the Johnson County Recorder,
containing 0.14 acres (6,400 square feet)
and subject to easement and restrictions
of record.
SFCTION II. RFPFA! FR. All
ordinances and parts of ordinances in
conflict with the provisions of this Ordinance
are hereby repealed.
SFCTION III. SFV!::RABI~ ITY. 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 unconsti-
tutional.
SFCTION IV. FFFFCTIVF DATF. This
Ordinance shall be in effect after its final
passage, approval and publication, as
provided by law.
Passed and approved this ~ day of
,1998.
MAYOR
A'I-I'EST:
CITY CLERK
ppdadmin\ord\walgreen.doc
City of Iowa City
MEMORANDUM
Date: May 26, 1998
To: City Council
From: John Yapp, Associate Planner --~,~;L/v~/~¢
Re: Second Avenue Court Vacation
At their May 21 meeting, the Planning and Zoning Commission the Planning and Zoning
Commission recommended, by a vote of 7-0, that VAC98-0003, a request to vacate
Second Avenue Court, be approved, subject to the following:
1. The applicant obtaining letters of no objection from all the properties abutting
the north and south sides of Second Avenue Court.
2. The site plan generally conforming to the landscaping plan submitted to the
Department of Planning and Community Development on May 14, 1998.
3. The light from the site being no more than one foot-candle along the west and
north property lines.
4. Pedestrian connections being included from the sidewalks along First Avenue
and Muscatine Avenue to the store entrance.
5. Two feet of width being added to the landscaped area between the sidewalk
and the parking lot along the First Avenue frontage.
6. The entrance drive along First Avenue being no wider than it needs to be to
accommodate truck-turning movements.
7. The applicant dedicating 7 feet of frontage along Muscatine Avenue as public
right-of-way, and 2.5 feet of frontage along First Avenue as public right-of-way.
8. The store will not accept truck deliveries between the hours of 10 p.m. and 6
a.m.
9. The Director of Planning and Community Development approving the height of
the light poles on the west and north sides of the site.
STAFF REPORT
To: Planning and Zoning Commission
Item: VAC98-0003
Second Avenue Court Vacation
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
File date:
Prepared by: John Yapp
Date: May 21, 1998
The Place/Commercial Real Estate
2819 Wood Cliffe, Suite 201
San Antonio, TX 78230
David Darr
Phone: 210-525-0131
Vacation of the alley between First
Avenue and Second Avenue, north of
Muscatine Avenue.
To allow for the development of a
Walgreen's store on the southern ~'s
of the block in the northwest quadrant
of the intersection of First Avenue and
Muscatine Avenue.
North of Muscatine Avenue, west of
First Avenue
6,400 square feet
The land abutting the alley is zoned
Community Commercial, CC-2, and is a
mixture of commercial and residential
property.
North- Commercial and residential,
CC-2
East- Commercial, CC-2
South - Commercial, CC-2
West- Commercial and residential,
CC-2, RS-8
General Commercial
April16,1998
BACKGROUND INFORMATION:
The applicant, The Place/Commercial Real Estate is under contract to assemble the properties
on the southern 3/4's of the block northwest of the intersection of First Avenue and
Muscatine Avenue, for the development of a Walgreen's food mart and drive-thru pharmacy.
Walgreen's would relocate from their current Sycamore Mall site. One of the properties the
applicant needs to acquire to allow construction of the proposed Walgreen's is Second
Avenue Court, a 20 foot wide street between First and Second Avenue, north of Muscatine
Avenue. The applicant is therefore requesting the City vacate and dispose of Second Avenue
Court. The applicant is seeking to acquire all of the properties on the north and south sides
of Second Avenue Court as well. The properties on this block are zoned CC-2, Community
Commercial, which is intended to provide for retail goods and services that serve a significant
segment of the community population.
The applicant held a meeting with residents who live near the proposed development to
discuss what is being proposed, and to find out what concerns the residents have. The
concerns residents spoke of include lighting, traffic, arrival times of delivery trucks, and
effects on property values.
The applicant has simultaneously applied for a special exception to permit an auto and truck
oriented use on the property for a drive-thru pharmacy. The Board of Adjustment will
consider the special exception application at their June 10 meeting.
ANALYSIS:
Proposed Development
The applicant is developing a plan for an approximate 15,700 square foot Walgreen's store
and pharmacy to occupy the south 3/4's of the block, an approximate 1.8-acre site. The
properties occupying the north 1/4 of the block, including the Print House, Second Act, a
ceramic buttons manufacturing business, and a few apartments above Second Act, would
not be a part of the development. A number of existing buildings would be demolished to
allow for the development, including two apartment buildings, a number of smaller residential
structures, and an insurance office. The applicant is proposing that a new building for
Roger's Shoe Repair and some parking for the Print Shop be constructed off of F Street.
Second Avenue Court Access Issues
Second Avenue Court currently provides access to a few residential properties abutting it, as
well as a secondary means of access to a few of the properties along Muscatine Avenue.
Because the applicant intends to purchase and redevelop all of the properties abutting and
using Second Avenue Court for access, it will no longer be needed for access. The street
also provides access to some utilities. The utility companies have requested that, should the
City vacate Second Avenue Court, their easements be retained. The utility companies will
work with the developer separately to relocate the utilities and easements.
If the applicant does indeed purchase all the properties abutting the alley and develops a store
at this location, Second Avenue Court would no longer be needed for access. Staff
recommends that the street be vacated if the applicant shows letters of no objection from the
property owners abutting Second Avenue Court. The street would not be disposed of until
the applicant shows proof of ownership of the properties abutting Second Avenue Court.
Site Plan Issues
By vacating the street the City would be making possible a larger scale commercial
development than would currently be possible on this block, which is adjacent to a residential
neighborhood and at the intersection of two arterial streets. To ensure that any potential
negative effects of the commercial development on nearby residential properties are
minimized, staff requested the applicant submit a detailed landscaping plan which shows how
adjacent properties will be buffered from on-site lights and headlights, how the rear of the
building will be screened, how the proposed development is compatible with existing
commercial development, and how it is an appropriate development for the intersection of
two arterial streets.
The applicant has submitted a landscaping plan which includes a keystone retaining wall and
vegetative screening along the west and north portions of the site, which are visible from the
residential neighborhood to the west. A decorative solid fence will be installed atop the
retaining wall along the north and west portions of the site, to block headlights, and to help
screen the site. Additional trees and shrubs will be planted along the wall to soften its
appearance. The applicant has shown shrubs planted along the First Avenue and Muscatine
Avenue frontages, in addition to the required street trees, to address staff's concerns about
the need for an attractive frontage at this arterial street intersection. The applicant is also
proposing parking lot islands landscaped with deciduous and evergreen shrubs instead of just
grass.
Staff feels the landscaping plan the applicant has submitted shows a well- landscaped site.
The landscaping along the west and north portions of the site will buffer the adjacent
neighborhood from the development. The landscaping along the street frontages will improve
the appearance of the arterial street intersection. One area of the building staff would like
the applicant to address is the east elevation of the building, which presents blank wall to
First Avenue. While the view of this wall will be interrupted by the trees and shrubs in the
parking area, staff recommends that additional landscaping near the base of the wall, or the
addition of architectural features to break up the wall, be included in the site plan.
The City Forester has recommended that a few additional feet be added to the planted area
between the sidewalk and the parking lot along First Avenue. This will allow for enough
room for the shrubs to grow, without interferring with the sidewalk. It appears the ailes in
the parking lot may be narrowed slightly to allow for this width.
Transportation
The applicant is proposing two access points, one on First Avenue and one on Muscatine
Avenue. The two access points on Muscatine Avenue would replace four existing residential
driveways, and the access on First Avenue would replace the Second Avenue Court access,
and the driveway to the Print Shop parking. Both access points are well separated from the
First Avenue/Muscatine Avenue intersection.
The proposed access on to Muscatine Avenue may be of concern because of the creation
of an access point on an arterial street that can become congested during peak times.
While the total number of access points on Muscatine Avenue are being reduced, the
traffic generated by the Walgreen's will be significantly greater than the traffic generated
by the insurance office and rental units currently on the block. Muscatine Avenue carries
around 10,000 vehicles per day, and currently has one westbound travel lane, and three
eastbound lanes approaching the intersection at this location. Staff has requested the
applicant dedicate 7 feet of frontage to the City to be added to the Muscatine Avenue
right-of-way to allow for a future widening of Muscatine Avenue. Similarly, staff is
requesting 3.5 feet of frontage along First Avenue to be dedicated as right-of-way to bring
the First Avenue right-of-way to the city's standard of 85 feet. There are no projects
currently in the City's Capital Improvements to widen these streets at this location.
The entrance drive at First Avenue exceeds the City's maximum width for a drive of 42 feet.
The access is shown to be at approximately §2 feet at it's widest point, and 42 feet for the
rest of it's length. Wide entrances raise concerns about traffic turning into and out of the site
outside of their lane, and about pedestrian needing to cross a wide area. Staff recommends
that the First Avenue entrance drive be no wider than it needs to be to accommodate truck
turning movements. The applicant may submit truck turning templates at the time of site
plan submittal.
Pedestrian Access
The block has sidewalks along First Avenue, Muscatine Avenue, and the developer will be
required to install a sidewalk along Second Avenue. A pedestrian crosswalk is shown on the
landscaping plan from the Muscatine Avenue right-of-way to entrance of the Walgreen's. A
concern raised at the neighborhood meeting with the applicant was making sure there is good
pedestrian access from the sidewalks along First Avenue and Muscatine Avenue. Staff
recommends that there be paved pedestrian connections to the entrance of the Walgreen's
from both the First Avenue and Muscatine Avenue sidewalks, to be shown of the site plan
when the application is submitted. These connections will likely be a sidewalk from the
public sidewalk to the parking lot, and a textured paving or painted crosswalk from the
parking lot to the store entrance.
Lighting
The fence and shrubs along the perimeter of the site will help screen the headlights of
automobiles using the parking lot. The applicant has indicated the lights used to light the
parking lot and the building will be downcast and directed inward toward the building, not
from the building toward the surrounding streets. Because of the development's proximity to
the nearby neighborhood, staff recommends that the measurement of light be no more than
one foot-candle at the property line. A similar requirement is being enforced for the First
Avenue Hy-Vee. The normal performance standard for glare from lights is that it be no more
than 1 1/2 foot candles at residential zoning boundaries. A foot-candle is a unit of
measurement for light, and is derived from the amount of light given off by one candle in one
square foot of space.
Timing of Delivery Trucks
One of the concerns raised by residents at the neighborhood meeting with developers is that
the delivery trucks should not deliver during the middle of the night. The applicant stated
that he believed most of the deliveries would be taking place in the morning, around 6 a.m.,
5
when the store is fairly empty, and employees are there to unload and stock supplies. The
First Avenue Hy-Vee gave an informal promise to the City that most of their deliveries will
arrive between 6 a.m. and 10 a.m., and according to residents, they have for the most part
complied. The applicant has stated that it is difficult to always predict when trucks will
arrive, especially if they are traveling over a long distance to reach the store. Similarly, it
would be difficult for the City to enforce what time delivery trucks arrive, and could only be
enforced on a complaint basis. The Commission may wish to add a condition regarding the
arrival times of delivery trucks.
STAFF RECOMMENDATION:
Staff recommends that VAC98-0003, a request to vacate the alley between 1st Avenue and
2"d Avenue, north of Muscatine Avenue, be approved, subject to:
1. The applicant obtaining letters of no objection from all the properties abutting the
north and south sides of Second Avenue Court.
2. The site plan generally conforming to the landscaping plan submitted to the
Department of Planning and Community Development on May 14, 1998.
3. The light from the site being no more than one foot-candle at the property line.
4. Pedestrian connections being included from the sidewalks along First Avenue and
Muscatine Avenue to the store entrance.
5. Two feet of width being added to the landscaped area along the First Avenue
frontage.
6. The entrance drive along First Avenue being no wider than it needs to be to
accommodate truck turning movements.
7. The site plan showing additional landscaping near the base of the east building wall,
or architectural features being included along the east wall to help visually break up
the wall.
8. The applicant dedicating 7 feet of frontage along Muscatine Avenue as public right-
of-way, and 3.5 feet of frontage along First Avenue as public right-of-way.
ATTACHMENTS:
2.
3.
4.
Location Map
Landscaping Plan and Preliminary Site Plan
Building Elevations
Letter from Applicant
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
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Commercial Real Estate
TO: Iowa City / City Council
FROM: David K. D~~;;~
DATE: April 14, 1998
RE: Northwest Comer lst and Muscatine Alley Purchase Offer
Our partnership currently has the northwest comer of 1st Avenue and Muscatine under contract for the
development of a 15,680 s.f. Walgreens food mart and drive thru pharmacy.
This will be a relocation from Sycamore Mall and will significantly increase Walgreens commitment to
Iowa City.
This new store will be a larger format and improve convenience to the consumer with the drive thru lanes.
The larger store will increase the number of employees as well as sales, which should translate to additional
revenue to the city.
As a result, we will be abandoning the alley as shown on the attached exhibits "A" and "B". A component
of the abandonment is coming to terms with the city in regards to the purchase of the alley.
We have analyzed the market and attempted to meet the balance of "fair market value", "comparable sales"
and "highest and best use." None of which is an easy task when you are appraising property that is
opposite in its use. For example, Hyvee in May of 1996 paid $4.41 per s.f. for a larger assemblage across
the street from this site smaller and multi family sites may command a higher price per s.f.
We realize this not always simple when you have 6,400 s.f. (20' X 320') of land that is not useable for a
development in its current layout, but is improtant to the overall development plan.
Based on this research, our offer is as follows:
Alley Area
Price per foot
Total purchase price
Approx.6,400 s.f.
$5.75 s.f
$36,800.00
Letter to Iowa City/City Council
April 14, 1998
Page 2
This site is a fairly complicated assemblage of multiple parcels / owners and we will need to commit
considerable resources prior to final approval of the alley closure. It will be helpful to know what if any
obstacles you see in our ultimate success of this alley closure process.
We look forward to your response and are available to answer any questions you may have concerning this
project.
Sincerely,
THE PLACE
David K. Darr
DKD/car
Enclosures
JUN-11-98 THU 01:18 PH THE PLACE FAX NO. 2103880571 P. O1
Commerc. id K~I rsta~
MEMORANDUM
TO:
FROM:
RE:
DATE:
Iohn Yapp Via Fax (319) 356-5008
David Dart ~~v~-
Lighting - 1~ and Muscafine
$une I1, 1998
As we discussed, we are working with Walgreem and the photometric consultants to
engineer lighting for tiffs site, which serves Mo store as well as the concerns of the
neighbors.
Our goal is to utilize portions ofthe interior side of the retaining wall to house lighting
for the portions of the drive-thru and service areu. This would help eliminate some of
the poles that would be on a typiead lighting plan for this storo, especially in the areas
we've discussed in our recent meetings.
Jolm, we can discuss this in more detail next week. Please call if you have any questions.
Thank you a.~a~n for your assistance.
Phil Left- Attorney, Via Fax (319) 33 8-6902
Doug Brown - Via Fax (210) 492 8490
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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 16th day of June,
1998, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance vacating Second
Avenue Court, located between First Avenue
and Second Avenue, north of Muscatine
Ave/p~e.
0~fe An ordinance vacating the northern
2 et of the alley between Lafayette Street
and Benton Street, west of Dubuque 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
ppdadr~nph-O616.doc
Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247
ORDINANCE NO.
AN ORDINANCE VACATING THE
NORTHERN 200 FEET OF THE ALLEY
BETWEEN LAFAYETTE STREET AND
BENTON STREET, WEST OF
DUBUQUE STREET
WHEREAS, the City of Iowa City wishes to
vacate the northern 200 feet of the alley between
Lafayette Street and Benton Street, west of
Dubuque Street; and
WHEREAS, Hawkeye Lumber Company,
which owns property on both sides of the northern
200 feet of the alley, requested the City vacate the
alley; and
WHEREAS, Hawkeye Lumber Company
wishes to use the alley for outdoor storage of
materials, which is a permitted use in the C1-1,
Intensive Commercial zone; and
WHEREAS, a sanitary sewer easement and
an easement for US West will be retained over
the alley right-of-way and no structures will be
permitted to be constructed within these
easements; and
WHEREAS, the City intends to lease the
property to Hawkeye Lumber Company for their
use and will retain ownership of the right-of-way,
allowing the right-of-way to be re-dedicated as
public right-of-way if the area redevelops in the
future.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
SECTION I. VACATION. Subject to the
retention of a public sanitary sewer easement and
all private utility easements, the City of Iowa City
hereby vacates the portion of the alley between
Lafayette Street and Benton Street, west of
Dubuque Street, legally described as follows:
The Northern 200 feet of the 20 foot wide
alley of Block 27, Plat of an addition of lots to
Iowa City, as laid off as the County Seat of
Johnson County, Laid off by F.H. Lee, County
Agent, June 20, 1848, according to the plat
thereof recorded in Book 1 and 2, Page 301,
Deed Records of Johnson County, Iowa.
Ordinance No.
Page 2
SECTION II. REPEALER. All
ordinances and parts of ordinances in
conflict with the provisions of this Ordinance
are hereby repealed.
SECTION III. 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 unconsti-
tutional.
SECTION IV. EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of
,1998.
MAYOR
A'I-I'EST:
CITY CLERK
ppdadmin~on:Nafbenal.doc
STAFF REPORT
To: Planning and Zoning Commission
Item: VAC98-0002
Lafayette Street/Benton Street Alley Vacation
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
File date:
45-day limitation period:
Prepared by: John Yapp
Date: May 7, 1998
Hawkeye Lumber Company
803 S. Dubuque Street
Iowa City, IA 52244
Francis Driscoll, Manager
Phone: 337-4151
Vacation of the northern 200 feet of
the alley between Lafayette Street and
Benton Street.
To allow the applicant ownership and
control of the alley right-of-way that is
adjacent to the applicant's property.
The northern 200 feet of the alley
right-of-way between Lafayette Street
and Benton Street, west of Dubuque
Street.
4000 square feet
Alley; Intensive Commercial
North - Commercial; C1-1
East- Commercial; C1-1
West- Commercial; C1-1
South- Commercial; C1-1
Intensive Commercial; C1-1
April 1, 1998
May 16, 1998
BACKGROUND INFORMATION:
The applicant, Hawkeye Lumber, is requesting the vacation of the northern 200 feet of the
20-foot wide alley between Lafayette Street and Benton Street, west of Dubuque Street.
Hawkeye Lumber owns property on both sides of this portion of the alley, and has personnel,
customers, and fork lifts which cross over the alley between the east and west portions of
the property. Hawkeye Lumber is concerned about other traffic parking is the alley or using
the alley to cut through to other parts of their business. There is a sanitary sewer in the alley
and an easement would be required over the alley right-of-way if it were vacated. US West
has indicated they would retain an easement for buried cable in the alley as well. The other
private utility companies have been notified of the proposed vacation, and will notify staff if
they wish to retain any easements.
Hawkeye Lumber submitted a similar request to vacate this portion of the alley early in
January, 1997. They withdrew the request when one of the property owners abutting the
southern portion of the alley (which would not be vacated) expressed their objections over
losing an access to their property from the north portion of the alley. There is a Cedar Rapids
and Iowa City (CRANDIC) railroad track that lies along the southern right-of-way of Lafayette
Street, crossing the north entrance of the alley in question. In the fall of 1997, CRANDIC
removed portions of the pavement within the railroad right-of-way, effectively closing the
access to the alley. CRANDIC staff has stated the railroad removed the pavement within
their right-of-way because the pavement was not being maintained, and it had become a
maintenance concern of the railroad.
ANALYSIS:
The alley right-of-way that is proposed to be vacated is in fairly poor condition. The City
does not maintain alleys, nor are adjacent property owners required to maintain them,
although property owners may improve them with approval from City Engineering staff. A
number of businesses abut the alley, including Hawkeye Lumber, A AA investigations and
Security, VanZee Auto, Benton Street Used Cars, and Ya-Ya's, a beauty salon. Hawkeye
Lumber has requested only the northern 200 feet of the alley be vacated, the portion where
they own property on both sides of the alley.
AccessIssues
The definition of an alley in the City Code is "a public way intended to provide secondary
access to abutting properties." Because the railroad has effectively closed the north entrance
to the alley by removing portions of the pavement alongside their railroad tracks, vacating the
northern 200 feet of the alley will not diminish access to any of the other properties abutting
the alley. The southern 120 feet of the alley would remain a public right-of-way.
Future Development
Although Hawkeye Lumber owns both sides of the alley and wishes to exercise control over
it, the City needs to consider possible future development in the area. If Hawkeye Lumber
were to relocate to another site, the lots on either side of the alley may be sold to individual
businesses, which could make use of a public alley for loading and unloading, as well as for
secondary access. Because of the sewer located within the alley, permanent structures may
not be built on it, although it may be used for the storage of materials that can be moved
with short notice. Therefore, if the area redevelops in the future, the alleyway could still
serve as a secondary access for adjacent businesses. Staff recommends that if the alley is
vacated, it should not be disposed of the Hawkeye Lumber, rather, it should be leased to
them to allow them use of the alley, while still allowing for the alley to be re-opened as an
alley in the future if and when the area redevelops.
The property on this block is zoned C1-1, Intensive Commercial, which is intended to provide
areas for businesses whose operations are characterized by outdoor display, outdoor storage
and/or sale of merchandise, repair of motor vehicles, outdoor commercial amusement and/or
activities conducted in buildings not completely enclosed. The nature of the lumber
company's business certainly involves the outdoor storage and sale of merchandise, and the
sale of materials in buildings that are not completely enclosed. Hawkeye Lumber would
benefit by the vacation and disposition of this portion of the alley, as it would give them more
storage space for materials.
Since CRANDIC railroad did work that effectively closed the north access to the alley last fall,
Hawkeye Lumber has been storing materials along the north part of the alley, adjacent to the
railroad right-of-way. Staff is not aware of complaints from any of the property owners in
the area who may have made use of this part of the alley. Staff feels it is reasonable to lease
the northern 200 feet of the alley to Hawkeye Lumber, since they own property on both
sides of the alley, the north entrance to the alley is effectively closed, and the City will retain
ownership of the alley if and when the area redevelops in the future.
STAFF RECOMMENDATION:
Staff recommends that VAC98-0002, a request to vacate the northern 200 feet of the 20-
foot wide alley between Lafayette Street and Benton Street, west of Dubuque Street, be
approved, subject to Hawkeye Lumber Company entering into a lease agreement with the
City of Iowa City to lease the right-of-way, and subject to all necessary utility easements
being retained.
ATTACHMENTS:
Location Map
Letter from Applicant
Approved by:
Robert Mik10, Senior Planner
Department of Planning and
Community Development
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' TELEPHONE
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BUILDING MATERIALS
803 SOUTH DUBUQUE ST. P.O. BOX 406 IOWA CITY, IOWA 52244
March 30, 1998
Plaxming and Zoning
Civic Center
410 E Washington St
Iowa City, IA 52240
Dear Sir or Madam:
Hawkeye Lumber Co. would like the City of Iowa City to vacate the northern 200 feet of
alley between Lafayette Street and Benton Street, west of Dubuque Street. This section
of the 20 foot alley, between Lafayette Street and our south property line, divides our
property in half.. In 1997, the Crandi¢ Railroad and the Department of Transportation
closed the railroad crossing at the north end of the alley on Lafayette Street. Thus, this
section of alley only has street access from the south. Closing the alley at our south
property line would prevent unauthorized vehicles from driving through our property.
If'you decide to close this alley, we would like to negotiate a purchase price for this 4000
square feet of alleyway. Please contact me if you have any concerns or questions.
Sincerely,
Francis T. Driscoll
Manager
6. Building design sketches/elevations ~,~'r~e~/;~"O~f~(~:-r-'-
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
ANt.) ESTIMATED COST FOR
PHASE I IOWA CITY DOWNTOWN
STREETSCAPE 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 conduct
a public hearing on plans, specifications, form of
contract and estimated cost for the construction of
the Phase I Iowa City Downtown Streetscape
Project in said City at 7:00 p.m. on the 16th day of
June, 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
PH-1