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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 ±$ ~3A00  .0 ]]I),ISIVO ~ ID ]]I),tSJ. V3 ~ r 1S ~NHL~IV 6 --, _Ls -~av~ qAV  ,, .~ v a--~33S 3AV C] 211 H1 3AV H121noJ l ~ 21NHI21 W "' 1S 3SII90- Z O O O C- 0 Ill I PLAC 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 wood c. liF-~, .Suite 201 .Gan ,~nio, l~ 732.~D (2.10) ~2~-01.~I b "N Fixture ; i DECASHIELD 400 System Units: Grid Sp~tt Quant tty 5 Feet/Footcand t es Curve # 8597 Averoge Max MIn Avg/Min 0.060 O. 800 O. 007 8. 88 Init LuM 19500 LLF O. 576 Mox/MIn CV #Points 29.6 0.95! 39 Design Lum 11232 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 I I I I / F 0 0 0 0 0 0 III ' TELEPHONE M-F ~AT ?-NOON 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