HomeMy WebLinkAbout1999-07-27 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Co~Jncil of Iowa City,
Iowa, at 7:00 p.m. on the 27~ day of July,
1999, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa, or
if said meeting is cancelled, at the next
meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider an ordinance vacating an
approximately 7,720 square foot unimproved
portion of Virginia Drive located between Lots
2 and 14 of the North Hills Subdivision,
immediately northeast of the intersection of
Virginia Drive and Ridgewood Lane.
Copies of the proposed ordinance 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.
MARlAN K. KARR, CITY CLERK
ppdadrrVnph-7-27-99b.doc
Prepared by: Melody Rockwell, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319/356-5251
ORDINANCE NO.
ORDINANCE VACATING AN APPROXIMATE
7t720 SQUARE FOOT UNIMPROVED
PORTION OF VIRGINIA DRIVE LOCATED
BETWEEN LOTS 2 AND 14 OF NORTH
HILLS SUBDIVISION, IMMEDIATELY
NORTHEAST OF THE INTERSECTION OF
VZRGIN/A DRIVE AND RIDGEWOOD LANE~
IOWA CZTYt IOWA
WHEREAS, the City of Iowa City has received
an application from Philip and Helen Oldis and
Robert and Rosemary Oldis to vacate
approximately 7,720 square feet of an
unimproved portion of Virginia Drive located
between Lots 2 and 14 of North Hills
Subdivision, immediately northeast of the
intersection of Virginia Drive and Ridgewood
Lane; and
WHEREAS, the subject right-of-way is
undeveloped; and
WHEREAS, the City has no plans now or in the
future to develop the right-of-way as a street,
alley or pedestrian walkway; and
WHEREAS, vacation of the subject right-of-
way will not abrogate dghts of access to private
property in the vidnity; and
WHEREAS, the vacation will not diminish fire
or emergency access to the area; and
WHEREAS, except for a storm sewer, the
subject right-of-way does not contain public or
private utiliUes, and
WHEREAS, the City will retain a storm sewer
and drainage easement over the entire vacated
area; and
WHEREAS, it is in the City's interest to vacate
and dispose of public right-of-way that is not
needed for public access.
NOW, THEREFORE, BE Z'l' ORDAiNED BY THE
~ COUNC:ZL OF THE CITY OF TOWA CETY,
IOWA:
SECTION I. VACATION. The City of Iowa City
hereby vacates the right-of-way legally
described as follows:
Commencing at a found 5/8-inch iron pin,
which is the Southerly Corner of Lot 14, North
Hills Subdivision, in Iowa City, Iowa, as
Recorded in Plat Book 5, at Page 10, of the
Records of the 3ohnson County Recorders
Office; Thence N32°02'00'~, (A Recorded
Bearing) along the Southeasterly Line of said Lot
14, 11.06 feet to the Point of Beginning; Thence
continuing N32°02'00'1~, along said
Southeasterly Line, 159.74 feet, to a found 5/8-
inch iron pin, at the Easterly Corner of said Lot
14; Thence S45°54'30"E, along the
Southeasterly projection of the Northeasterly
Line of Lots 13 and 14, of said North Hills
Subdivision, 51.13 feet, to a Point on the
Southeasterly Right-of-Way Line of Virginia
Drive; Thence S32°02'00'~N, along said
Southeasterly Right-of-Way Line, 149.06 feet;
Thence N57°58'00'~N, 50.00 feet, to the Point of
Beginning. Said tract of land contains 7,720
square feet, more or less, and is subject to
easements and restrictions of record.
SECTION II. REPEALER. All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed.
SECTXON III. SEVERABILrI'Y. If any section,
provision or part of the Ordinance shall be
adjudged to be invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged invalid or
unconstitutional.
SECI~ON IV. CER'I'ZFZCAI'ZON AND
RECORDING. The City Clerk is hereby
authorized and directed to certify a copy of this
Ordinance, which shall be recorded by the
applicants at the office of the County Recorder
of Johnson County, Iowa, upon final passage
and publication as provided by law.
SECTZON V. EFFECTIVE DATE. This
Ordinance shall be in effect a~cer its final
passage, approval and publication, as provided
by law.
Passed and approved this day of
,1999.
MAYOR
AI'i'EST:
ppdadmin\ord\virgdr.doc
STAFF REPORT
To: Planning and Zoning Commission
Item: VAC87-0001. Virginia Drive
Prepared by: Melody Rockwell
Date: July 1, 1999
GENERAL INFORMATION:
Applicants & property owners:
Contact person:
Requested action:
Purpose:
Location:
Property size:
Existing land use and zoning:
Surrounding land use and zoning:
Philip & Helen Oldis
2 Ridgewood Lane
Iowa City, IA 52245
Phone: 337-7785
Robert & Rosemary Oldis
306 Virginia Drive
Iowa City, IA 52245
Phone: 338-1665
Michael W. Kennedy
P.O. Box 2000
Iowa City, IA 52244
Phone: 351-8181
Vacation of an unpaved portion (7,720
square feet) of Virginia Drive right-of-
way
To allow the adjacent property owners
to acquire the right-of-way as
requested and incorporate it into
private property
The northeast terminus of Virginia
Drive, northeast of its intersection with
Ridgewood Lane
Approximately 7,720 square feet
Unpaved right-of-way; RS-5
North:
East:
South:
West:
Residential, vacant; RS-5, RS-
12
Residential, vacant, elementary
school; RS-5, P
Residential; RS-5
Residential; RS-5
Comprehensive Plan:
Low density, single-family residential;
two to eight dwelling units per acre
Utilities in the right-of-way:
Storm Sewer and Drainage Easement
Access provided by right-of-way:
None
File date:
January 14, 1987; request to
reactivate case filed May 18, 1999
BACKGROUND INFORMATION:
In 1987, Philip Oldis requested that an unimproved portion of Virginia Drive be vacated for
the purpose of acquisition. Virginia Drive is a short street segment having a total paved right-
of-way length of 372 feet from its intersection with Ridge Road. The remaining portion of
Virginia Drive, which extends approximately 150 to 160 feet beyond its intersection with
Ridgewood Lane, was officially platted in 1959 as part of the North Hills Subdivision, but was
never paved.
Topographically, North Hills Subdivision is located on a narrow plateau bounded by steep
hillsides to the north and east. Beyond the intersection of Ridgewood Lane and Virginia
Drive, there is a dramatic drop in elevation of approximately 70 feet into a heavily wooded
ravine. This steep-sided ravine separates the subdivision from Shimek School property to the
east. The 1987 staff report indicated that the unimproved portion of Virginia Drive served no
public purpose and was unlikely to be extended to the east, and recommended that the
vacation be approved. However, the property owner of the wooded ravine to the east
objected that access to his property was being denied. Although access to the wooded
property could be achieved via Wildwood Road, a 50-foot wide right-of-way off Whiting
Avenue, the adjacent property owner felt that Virginia Drive provided a more logical access to
his property. The applicant, Mr. Phil Oldis, decided to defer his vacation request indefinitely
pending resolution of the access dispute.
In a letter dated May 17, 1999, Michael Kennedy, attorney for Mr. Oldis, asked that the
Virginia Drive vacation application be reactivated. A May 1987 letter from the former
director of the Department of Planning and Program Development provided assurance to the
applicant that "if you at any time wish to continue with this request, please do not hesitate
to contact me, and I will attempt to expedite the matter." Although more than 12 years have
passed, the Department is honoring that assurance by once again reviewing the case for
vacation of the unpaved portion of Virginia Drive.
ANALYSIS:
In general, the vacation of a street right-of-way should not be undertaken if it would result in
a detriment to vehicular or pedestrian circulation, interfere with the right of access to any
private property, or inhibit fire, emergency or utility vehicle access.
Vehicular and Pedestrian Circulation. Changes have occurred since the Virginia Drive
vacation was initially requested in 1987. The applicants acquired property in 1993 to the
rear of their residential lots, and now own land on three sides of the area proposed for
vacation. As shown on Attachment 3, Auditor's Parcel P was added to the Phil and Helen
3
Oldis property, and Auditor's Parcels O and S were added to the lot owned by Robert and
Rosemary Oldis. In addition, a large portion of the wooded ravine to the east, a nearly 14-
acre area designated as Auditor's Parcel J, is now owned by a local conservation
organization, the Johnson County Heritage Trust. The Sensitive Areas Ordinance, which was
adopted in 1995, affords additional protection of the wooded ravine. It's unlikely this
environmentally sensitive area will be developed in the future; vehicular access to the area
will not be needed. Due to steep nature of the slope, the heavily wooded area at the
northeast edge of the right-of-way, and the private property located between the right-of-way
and the Heritage Trust property, pedestrian access in this area is not a practical
consideration. Informal trails within the Heritage Trust woods can be accessed from the
Shimek Elementary School property.
Right of Access to Any Private Property. Due to the land ownership patterns described
above, rights of access to private property will not be abrogated if the Virginia Drive right-of-
way is vacated as requested.
Access by Fire, Emergency & Utility Vehicles. Vacation of this right-of-way will not diminish
fire and emergency vehicle access to existing development in the area. Staff has notified
utility companies (cable, electric/gas, telephone) of the proposed vacation. It appears that
none of these utilities are located within the subject right-of-way. However, a stormwater
sewer was constructed within the right-of-way that is requested for vacation, and Public
Works Director Chuck Schmadeke has advised that a stormwater and drainage easement be
retained over the entire area requested for vacation. Because of the steepness of the slope, a
wider easement area is needed for equipment to access the area to maintain the stormwater
sewer. The right-of-way can continue to be used as yard space or portions of it may be
paved to provide access to the applicants' adjacent properties, but no structures can be
constructed within the storm sewer and drainage easement area.
STAFF RECOMMENDATION:
Staff recommends that VAC87-0001, a vacation of an unimproved portion of Virginia Drive,
that is, a 7,720 square foot area of right-of-way located between Lots 2 and 14 of North Hills
Subdivision immediately northeast of the Virginia Drive and Ridgewood Lane intersection, be
approved, subject to a storm sewer and drainage easement being maintained over the entire
vacated area.
ATTACHMENTS:
1. Location Map
2. Application/Attachments
3. Auditor's Map
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
I
uvu~t ~:!J-JD I u Jl~t?aci
/
/
MICHAEL W. KENNEDY
,JOHN D. CRUISE
STEVEN C. ANDERSON
KSRSTEN H. FREY
KANDIE K. BRISCOE
KENNEDY, CRUISE, ANDERSON 8~ F'REY, L.L.P.
LAWYERS
9zo S. DUBUOUE STREET- P.O. BOX 2000
IOWA CITY, IOWA
52244
May 17, 1999
City Clerk
City of Iowa City
410 E. Washington
Iowa City, IA 52240
AREA CODE 319
TELEPHONE 351-818l
FAX 351-0605
OF COUNSEL.:
CHARLFr~. BARKER
Re: Vacation of Unpaved Portion of Virginia Drive
Dear Clerk:
Enclosed you will find a completed Application Form request-
ing vacation of an unpaved portion of Virginia Drive. Also en-
closed is a check in the amount of $145.00 for the related appli-
cation fee. I did want to inquire, however, whether this appli-
cation fee might have been paid previously. I know there were
several previous requests to have this land vacated. I would ap-
preciate it if you would check your records to see if there might
already be an application on file and whether a refund of those
earlier fees might be appropriate.
My clients are also interested in purchasing the land after
it is vacated. There was nothing included in the Application
Form to make this clear. Please let me know what additional
steps must be taken for this second part of the transaction.
If you need anything further to process this Application
Form, please let me know.
your
MWK/dc
Encs.
cc: Philip Oldis
kb12\171b9955
0 ~ o
Lot Z
I certify that during the month of February, 1987, at the direction of Phil Oldis, a
survey was made, under my supervision, of the tract of.land Platted hereon. the
boundaries of which'are as follows;
Couenclng at a found 5/8-inch iron pin, which is the Southerly Corner of Lot 14,
North'Bills Subdivision, in Iowa City, Iowa, as Recorded in Plat Book 5, at Page 10,
of ~h~':Records of the Johnson County Recorder's Office; Thence N32°O2'OO"E, (A
Recorded/Bearing) along the Southeasterly Line of said Lot 14, 11.06 feet to the
Point of Beginning; Thence continuing N32°O2'OO"E, along said Southeaster~y Line,
159.74 feet, to a found 5/8-inch iron pin,' at the Easterly Corner of said Lot 14;
Thence S45'54'30"E, along the Southeasterly projection of the Northeasterly Line of
Lots 13 and 14, of said North HIlls Subdivision, 51.13 feet, to a Point on the
Southeasterly Right-of-Way Line of VIrginia Drive; Thence S32'02'00"W, alone said
Southeasterly Right-of-Way Line, 149.06 feet; Thence N5~*58'OO"W, 50.00 feet, t9 the
Point of Beginning. Said tract of land'contains 7,720 square feet, more or less, and
Is subject to easements and restrictions of record. /
I further certify that the Plat as shown is a correct representation of the
and that all corners are marked as indicated.
Robert D.' ~tckelso?Reg. No. 7036 Da~
· $u crlbedt~nd swor before.me ~hls/j day of ~~
survey
MMS CONSULTANTS, INCf
IOWA CITY · IOWA
319-351-6282
I '
12~1- o01 ,,
May 20, 1999
Michael W. Kennedy
920 S. Dubuque Street
P.O. Box 2000
Iowa City, IA 52244
CITY OF I0 WA
CITY
Dear Mr. Kennedy:
,/O/dis Vacabbn RequesL As we discussed, the application, which was initiated by Mr.
Philip E. Oldis on January 14, 1987, to vacate an unpaved portion of Virginia Drive, will
be reactivated, as requested.
A copy of a May 8, 1987, letter addressed to you is in the file (VAC87-0001) for this
case. In that letter, Donald Schmeiser, the former director of the Department of
Planning and Program Development, provides an assurance to you that "if you at
any time wish to continue with this request, please do not hesitate to contact me,
and I will attempt to expedite the matter as quickly as I can."
n
Though your request comes ten years after the issuance of the letter, our
Department will honor that assurance, and will not require the additional payment
of any fees. I am therefore returning the $145.00 check from Helen Oldis.
As to the disposition of the fight-of-way, please contact Sarah Holecek in the Qty
Attomey's Office (356-5030) to inquire about that process, which is separate from
the vacation process. Please keep in mind that the applicant will be required to
pay the fair market value for the vacated property. This is usually based on the
assessed value or an appraisal.
ATTACHMENT 3: Auditor's Plat
TOPOGRAPHY MAP
II
,,,._..., , %ti
PARK
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 13~ day of July,
1999, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa, or
if Said meeting is cancelled, at the next
meeting of the City Council thereafter as
posted by the City Clerk; at which hearing the
Council will consider:
1. An ordinance amending Title 14, Chapter
6, Zoning, by adding a definition of ~dult
Business" and changing separation
requirements between adult businesses and
,er uses.
An ordinance amending Title 14, Chapter
Zoning, to allow off-street parking on a
separate lot in a different zone under certain
conditions.
· 3. An ordinance conditionally changing the
zoning designation of approximately .33 acres
from Medium Density Single-Family Residential
(RS-8) to Community Commercial (CC-2) for
property located on the west side of Gilbert
Court north of Benton 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.
MARlAN K. KARR, CITY CLERK
ppdadrn/nl:}h71399.doc
Jim Kenyon
Hodge Construction
Friday, J~me 25, 1999
To: Iowa City City Council
Re: Rezoning 813 Gilbert Court
Dear City Council:
on
of January 1, 2000, it would be most helpful if the re. zoning process could
be pushed just a bit. If the p~lic hearing couldbe on July 13th and the
second mid third readings could be combined this project could be completed
the January 1st deadline. I appreciate your consideration in this matter.
!Thank you for your time. If you have ~y q~stions please do not hesitate
call.
This letter is to request expediting the rezoning process for the project
813 Gilbert Court. Ik~ to the construction season and the occupancy deadline
to
Sincerely,
~'jJim Keny~
JTK: lal
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATED COST FOR THE RIVERSIDE
FESTIVAL STAGE IN CITY PARK 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 Riverside Festival Stage in City Park
Project in said City at 7:00 p.m. on the 27 day of
July, 1999, said meeting to be held in the Council
Chambers in the Civic Center in said City, or if
said meeting is cancelled, at the next meeting of
the City Council thereafter as posed by the City
Clerk.
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.
MARlAN K. KARR, CITY CLERK
parksrednph-dvfside.doc
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATED COST FOR THE OAKLAND
CEMETERY PHASE I EXPANSION 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 Oakland Cemetery Phase I 2E;~pa;:joo~
Project in said City at 7:00 p.m. on the
July, 1999, said meeting to be held in the Council
Chambers in the Civic Center in said City, or if
said meeting is cancelled, at the next meeting of
the City Council thereafter as posed by the City
Clerk.
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
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR
THE INSTALLATION OF THREE
HORIZONTAL VAPOR EXTRACTION WELLS
AS PHASE I OF THE METHANE ABATEMENT
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
horizontal vapor extraction wells as Phase 1 of the
Methane Abatement Project in said City at 7:00
p.m. on the 27th day of July, 1999, said meeting to
be held in the Council Chambers in the Civic Cen-
ter in said City, or if said meeting is cancelled, at
the next meeting of the City Council thereafter as
posed by the City Clerk.
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.
MARlAN K. KARR, CITY CLERK
PH-1
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR
1999 HIGHWAY TURN LANE
IMPROVEMENT 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
1999 Highway Turn Lane Improvement Project in
said' City at 7:00 p.m. on the 27~h day of July,
1999, said meeting to be held in the Council
Chambers in the Civic Center in said City, or if
said meeting is cancelled, at the next meeting of
the City Council thereafter as posted by the City
Clerk.
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.
MARlAN K. KARR, CITY CLERK
PH-1