HomeMy WebLinkAbout1995-06-27 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 7:30 p.m. on the 27th day of June,
1995, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. A resolution vacating the plat of Dean
Oakes Fourth Addition, a 5.21 acre, 11-lot
residential subdivision located at the end of
Quincent Street, north of Dubuque Road.
Copies of the proposed resolution 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
RESOLUTION NO,
A RESOLUTION VACATING THE FLAT OF
DEAN OAKES FOURTH ADDITION, IOWA CITY, IOWA
WHEREAS, the owner, Oakes Construction, Inc., filed with the City Clerk of Iowa City, Iowa
an application to vacate the plat of Dean Oakes Fourth Addition; and
WHEREAS, the Department of Planning and Community Development and the Public Works
Department reviewed the requested vacation and recommended approval; and
WHEREAS, the Planning and Zoning commission reviewed the requested vacation and, after
due deliberation, recommended approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The plat of Dean Oakes Fourth Addition, Iowa City, Iowa, is hereby vacated.
As required by Iowa Code §354.22 (1993) the City Clerk is directed to record the
Resolution with the Johnson County Recorder.
Passed and approved this
day of ,1995.
ATTEST:
CITY CLERK
It was moved by
adopted, and upon roll call there were:
MAYOR
and seconded by
roved b~
'City Attorne,'s
AYES: NAYS: ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
2824
~.chspter
nail be re-
-.llices uf
I any part
~mting of-
riffinal of-
4~rvey and
he plat is
the appli-
~ the plat·
le copy of
nade. The
· ize of the
:s by alev-
~g in order
· shall not
· chapter,
~pter and
te propri-
cation by
q fee sire·
any land
.et. alley,
.r other
111f street
· been re-
.replete,
plat spe-
.i land as
,tding of
ihlic any
,r .ther
· ,chool
l'he
'i
2825
PLA'ffflNG -- DIVISION AND SUBDIVISION OF LAND, {354,24
354.20 Action to annul plata,
If a plat is filed and recorded in violation of this
chapter, a governing body or a proprietor aggrieved
by the vinlation, after filing written notice with the
proprietors who joined in the acknowledgement of
the plat or their successors in interest, may institute
a suit in equity in the district court. The court may
order the plat annulled except as provided in section
354.21.
90 Acts, ch 1236, §34
C91, §409A.20
C93, §354.20
354.21 Limitation of actions on official
plats.
An action shall not be maintained, at law or in eq-
uity, in any court, against a proprietor, based upon
an omission of data shown on an official plat or upon
an omission, error, or inconsistency in any of the
documents required by titis chapter unless the action
is commenced within ten years after the date of re-
cording of the official plat. Limitation of actions
based on claims other than those provided for in this
section shall be consistent with chapter 614.
90 Acts, ch 1236, §35
C9i, §409A.21
C93, §354.21
L--'"' 354.22 Vacation of official plats.
The proprietors of lots within an official plat who
wish to vacate any portion of the official plat shall
file a petition for vacation with the governing body
which would have jurisdiction to approve the plat at
the time the petition is filed. After the petition has
been filed. the governing body shall fix the time and
place for public hearing on the pet tion ~ritten
tics of the proposed vacation shall be served in the
manner of original notices as provided in Iowa rules
of civil procedure and be served upon proprietors
and mortgagee. s within the official plat tNiCa?6~ith-~
in three hundred fe~t of t~e ared to be hathate .~i'-h-
portion of t~e o~c~] plat adjoins a river or state-
owned lake, the Iowa department of natural re-
sources shall be served written octice of the pro-
posed vacation. Notice of the proposed yacatioo
shall be published twice, with fourteen days between
publications, stating the da~time, and pl~ce~'f
hearing.. ' ...............
The official plat or portion of the official plat shall
be vacated upon recording of all of the foliowhig doo
1. An instrument signed. executed, and ~,cknowl-
edged by all the proprietors and mortgagees within
the area of the official plat to be vacated, declaring
t he plat to be vacated. The instrument shall state the
existing lot description for each proprietor along
with an accurate description to he used to descdbe
the land after the lots are vacated.
2. A resolution by the governing N)dy approving
the vacation and providing for the conveyance of
those areas included in the vacati.n which were pre-
viously set aside or dedicated for public use.
3. A certificate of the auditor that the vacated
part of the plat can be adequately described fi)r as-
sessment and taxation purposes without reference to
the vacated lots.
No par~ of this section authorizes the closing or
obstructing of public highways.
The vacation of a portion of an official plat shall
not remove or otherwise affect a recorded restrictive
covenant, protective covenant, building restriction,
or use restriction. Recorded restrictions on the use
of property within an official plat shall be modified
or revoked by recording a consent to the modifica·
tion or removal, signed and acknowledged by the
proprietors and mortgagees within the official plat.
90 Acts, ch 1236, §36
C91, §.109A.22
92 Acts, ch t055, §1
C93, §354.22
354.23 Vacation of streets or other public
lands.
A city or a county may vacate part of an official
plat that had been conveyed to the city or county or
dedicated to the public which is deemed by the gov-
erning body to he of no benefit to the public.
The city or county shall vacate by resolution fol-
lowing a public hearing or by ordinance and the va-
cating instrument shall be recorded· The city or
county may convey the vacated property by deed or
may convey the property to adjoining proprietors
through the vacation instrument. [f the vacating in-
st rumset is used to convey property then the instru-
ment shall include a list of adjoining proprietors to
whom the vacated property is being conveyed along
with the corresponding descdption of each parcel
being conveyed· A recorded vacation instrument
which conforms to this section is equivalent to a
deed of conveyance and the instrument shall be filed
and indexed as a conveyance by the recorder and au-
ditor.
A vacation instrument recorded pursuant to this
section shall not operate to annul any part of an
cial plat except as provided for in ~ection 354.22.
90 Acts, ch 1236. §:17
C91, §409A.2:1
C93, §364.2:1
354.24 Errors on recorded plats.
[f an error or oral.ion in the data shown on a re.
corded plat is detected by subsequent examinations
or revealed by retracing the lioes shown on the plat,
the original surveyor or two surveyors confirming
the error thruugh independent surveys shall record
an affidavit confirmleg that the errnr or omission
was made. The affidavit shall describe the nature and
extent of the error or omissnm and also describe the
currections or additi.ns to be made to the plat and
STAFF REPORT
To: Planning and Zoning Commission
Item: VAC95-O001 & SUB95-0013;
Oakes Fourth and Fifth Additions,
north of Quincent Street
GENERAL INFORMATION:
Applicant:
Contact person:
Requested action;
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Comprehensive Plan:
Applicable Code requirements:
File date:
45-day limitation period:
SPECIAL INFORMATION:
Public utilities:
Prepared by: Charles Denney
Date: May 18, 1995
Oakes Construction, Inc.
Drawer 1456
Iowa City, IA 52244
Dean Oakes
338-1144
Vacation of an approved subdivision,
Oakes Fourth Addition, and of a prelimi-
nary plat approval of Oakes Fifth Addi-
tion.
To permit a 14-1ot residential subdivi-
sion.
The current terminus of Quirtcent
Street.
6.52 acres
Undeveloped; RS-5
North - Undeveloped, RR-1.
East - Undeveloped, RR-1
South - Residential, RS-5
West - Undeveloped, RR-1
Residential, 2-8 dwelling units per acre.
Portions of the Zoning Chapter, Subdi-
vision Regulations, and the Grading
Ordinance.
April27,1995
June 12, 1995
Adequate water and sewer service is
available to the site
2
Public services:
City sanitation service will be provided.
Municipal police and fire protection will
be provided.
Transportation:
Vehicular access is available via quinc-
ent street. Transit service is not cur-
rently available. The closest bus stop is
located at the intersection of Highway
I and N. Dodge Street.
Physical characteristics:
Wooded site with rolling to steep to-
pography.
BACKGROUND INFORMATION:
The applicant, Oakes Construction, Inc., is requesting approval of the vacation of Oakes
Fourth Addition, an 11-lot residential subdivision, approved by the City Council in July, 1994.
Oakes Fifth Addition, a 14-1ot residential subdivision, is proposed in the same general area
as Oakes Fourth Addition. The vacation and preliminary will plat will need to be considered
separately.
ANALYSIS:
VACATION
Staff recommends that the vacation of Oakes Fourth Addition be approved. The proposed
preliminary plat for Oakes Fifth Addition, which will be discussed further, better addresses
issues regarding the location of Bristol Drive and steep slopes located within the subdivision,
than the previously approved subdivision.
PRELIMINARY PLAT
Zoning Chapter Compliance
The preliminary plat has been reviewed by staff and appears to conform with the general
requirements of the RS-5, Low Density, Single-Family zone.
Subdivision Ordinance Requirements
Secondary Access. There are currently 51 lots within the subdivisions served by Oakes Drive
and Quincent Street, neither of which has a secondary means of access. The 51 lots
generate an estimated 357 trips per day (51 lots X 7 trips per day per lot). The secondary
access guidelines recommend no more than 500 trips per day on a local street before
secondary access is recommended. Based on this guideline an additional 20 lots could be
platted before secondary access would be recommended. The proposed subdivision contains
14 lots.
Location of Bristol Drive. During the review of Oakes Fourth Addition staff was concerned
about the location of Bristol in relation to the gas pipeline easement that runs across the
northern portion of the site. Staff was concerned that locating the road within or adjacent
to the easement would present problems for the City if any repair work was necessary once
3
the City accepted the road. With Oakes Fifth Addition, Bristol Drive has been moved to the
south away from the easement, which is a better location in staffs opinion.
Steep Slopes. The site does contain slopes in excess of 3.5 to 1 and will require the
submission and approval of a Grading and Erosion Control Plan. All of the proposed lots
appear to have sufficient space for the construction of homes without too great an impact on
the slopes. The layout of the lots in the proposed subdivision will likely have less impact on
the steep slope areas than the previously approve plat.
Neighborhood Open Space. The proposed subdivision is located within the Dubuque Road
neighborhood open space district, which has an open space deficit of 5.47 acres. The
subdivision contains 6.52 acres, which results in an open space requirement of 0.15 acre.
Staff recommends charging a fee in lieu of dedication which will need to be determined based
on an appraisal of the property prior to City Council consideration of the plat.
Outlots I and 2. Outlots 1 and 2 are shown on the plat between existing lots in the
subdivision and Bristol Drive. The applicant has indicated that these outlots are intended to
provide greater separation between these existing lots and the proposed Bristo! Drive.
Verification that the owners of the existing lots are willing to accept the outlots will be
required prior to final plat approval.
STAFF RECOMMENDATION:
Staff recommends that VAC95-0001, the vacation of Oakes Fourth Addition, be approved;
and that SUB95-0013, the preliminary plat of Oakes Fifth Addition be deferred, but that upon
resolution of all deficiencies and discrepancies listed at the end of this report, the plat be
approved subject to verification of the willingness of adjacent lot owners to accept Outlots
1 and 2 prior to final plat approval and approval of the Grading and Erosion Control Plan and
determination of neighborhood open space fee prior to City Council consideration of the plat.
DEFICIENCIES AND DISCREPANCIES:
1. Labeling of all existing and proposed utilities and easements.
ATTACHMENTS:
1. Location Map.
2. Preliminary plat of Oakes Fifth Addition
3. Preliminary plat of Oakes Fourth Addition.
\vacOOOl.cd
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
LOCATION MAP
VAC95-0001 & SUB905-0013
DEAN OAKES FIFTH ADDITION
,,,\-
NOTICE OF PUBLIC HEARING
On June 27, 1995, a public heering will be
held by the City Council at 7:30 p,m. in the
Civic Center Council Chambers regarding
amendments to the 1994 HOME Investment
Partnerships Program Description (Budget).
Information regarding the budget amendments
is on file at the City Clerl('s Office, 410 E.
Washington Street, Iowa City, IA.
Persons interested in expressing their views
concerning said items, either verbally or in
writing, will be given the opportunity to be
heard at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
MICROFILMED
BY
C: :S
'" "" INFORMATION TECHNOLOGIES
'RETAKE"
NOTICE OF PUBLIC HEARING
On June 27, 1995, a public hearing will be
held by the City Council at 7:30 p.m. in the
Civic Center Council Chambers regarding
amendments to the 1994 HOME Investment
Partnerships Program Description (Budget).
Information regarding the budget amendments
is on file at the City Clerk's Office, 410 E.
Washington Street, Iowa City, IA.
Persons interested in expressing their views
concerning said items, either verbally or in
writing, will be given the opportunity to be
heard at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
Date:
To:
City of Iowa City '
MEMORANDUM ."
June 19, 1995 ' :"
City Manager and City Council
From:
Re:
Marianne Milkman, Community Deve!opment Coordinator
Steven Nasby, Associate Planner,~.~.,~~
FY95 HOME Program Budget Amendment; Merger
Outlined below is a HOME budget amendment covering FY95 funds. Since we could not use
the 9185,000 budgeted for Towncrest relocation and replacement expenses, they were
included with the FY96 HOME funds which were allocated as part of the CITY STEPS
one-year action plan. As a result, we need to amend the FY95 HOME budget to reflect these
new allocations.
Because the FY95 HOME funds must be committed by June 1996 (i.e. with legally binding
contracts), we wanted to re-distribute them to projects that would be using the funds quickly.
In our opinion these projects are the PHA's Tenant Based Rent Assistance program and the
Housing Rehab program. We have divided the $185,000 in FY95 funds between these two
programs (8150,000 to the PHA and 935,000 to Housing Rehab).
In addition, the Community Housing Development Organization set-aside was divided between
the Greater Iowa City Housing Fellowship (9150,000) for acquisition and construction of
affordable rental housing, and Hawkeye Area Community Action Program (HACAP) for
purchase of two manufactured housing units for transitional housing for low income
households. The Housing Commission has recommended these allocations.
USE OF HOME FUNDS
Administration
Tenant Based Rent Assistance
CHDO Set-aside
Greater Iowa City Housing Fellowship - CHDO
Hawkeye Area Corem. Action Program - CHDO
Replacement and Relocation of Manuf. Homes
Moderate Rehab of Manufactured Homes
Substantial and Moderate Rehab (Owner-occupied,
single-family homes)
TOTAL
FY95 HOME PROGRAM BUDGET
(AMENDMENT)
Budget As Amended
April 1994 June 1995
9 30,000 8 30,000
0 150,000
185,000 0
0 150,000
0 35,000
150,000 0
35,000 0
100,000 135,00q
8500,000 8500,000
b~bemebudg