HomeMy WebLinkAbout07-17-2003 Planning and Zoning CommissionIowa City Planning &Zoning Commission
Informal Meeting
July 14, 2003
Monday — 7:30 p.m.
Recreation Center -Meeting Room B
Formal Meeting
July 17, 2003
Thursday — 7:30 p.m.
Emma J. Harvat Hall -Iowa City City Hall
Agenda
Informal Meeting
Planning and Zoning Commission
Monday, July 14, 2003 - 7:30
"RECREATION CENTER MEETING ROOM B ******
222 SOUTH GILBERT STREET
Agenda
Formal Meeting
Planning and Zoning Commission
Thursday, July 17, 2003 - 7:30 p.m.
Emma J. Harvat Hall
(Iowa City City Hall)
A. Call to Order
B. Public Discussion of Any Item Not on the Agenda
C. Announcement of Vacancies on City Boards and Commissions
D. Zoning Item:
1. REZ03-00017/SUB03-00019 Discussion of an application submitted by K.G.
Bird L.L.C. for a rezoning from ID-RS, Interim Development to Sensitive Areas Overlay -
Low Density Single-Family,OSA-5, and a preliminary plat of Oakmont Estate, an 8.7-acre,
16-lot residential subdivision located on the west side of Foster Road.
(45-day limitation period: July 13)
E. Development Items:
1. SUB02-00011 Discussion of an application submitted by S&J Development
L.L.P. for a preliminary plat of Country Club Estates, Second Addition, a 16.65 acre, 42-lot
residential subdivision located west of Phoenix Drive and west and north of Flagstaff Drive.
(45-day limitation period: August 3)
2. SUB03-00029 Discussion of an item submitted by Third Street Partners LLC for a final plat
of Village Green Part 19, a 7.11 acres, 10-lot residential subdivision located at Wintergreen
Drive west of North Jamie Lane. (45-day limitation period: August 3)
F. Vacation Item:
I. VAC03-00001: Discussion of an application submitted by Michael Lensing for
the vacation of an alley right-of-way located south of Kirkwood Avenue and west of Diana
Street.
G. Other:
H. Consideration of the June 19, 2003 Meeting Minutes.
I. ADJOURNMENT
Upcoming Planning & Zoning Commission Meetings:
Informal
August 4
August 18
Labor Day
Meeting Cancelled
September 15
September 29
October 13
Formal
August 7
August 21
September 4
September 18
October 2
October 16
CITY OF I0 W.9 CITY
PLANNING AND ZONING COMMISSION
Location of Agenda Items, 7-14-03
City of Iowa City
Ll #N[191 lrzll
Date: July 11, 2003
To: Planning and Zoning Commission
From: Bob Miklo
Re: REZ03-00017/SUB03-00019 Oakmont Estates
The applicant has submitted a revised preliminary plat that addresses the Sensitive Areas
Ordinance requirements regarding woodlands. Because the applicant is proposing a plan
which results in more than 50% of the woodlands being disturbed, a Sensitive Areas
Overlay rezoning is required in addition to the rezoning from Interim Development (ID=RS)
to Low -Density Single Family (RS-5). Based on the revised plan, the property contains a
woodland of 2.64 acres on the western portion of the property. The Sensitive Areas
Ordinance woodland regulations require that 50% of the woodlands be preserved but
allows for the disturbance of more than 50% if replacement trees are planted at a ratio of
1 tree for every 200 square feet of woodland disturbance above 50%. In this case, the
proposed subdivision design results in a disturbance of 68% (18% more than the 50%
disturbance allowed in the RS-5 zone). Based on the Sensitive Areas Ordinance, 102
replacement trees will be required if this additional disturbance area is to be permitted.
The applicant proposes to locate the replacement trees along the southern boundary of
Lots 11-16 and the northern boundary of Lots 2-5. Additional replacement trees are
proposed in the front yards of each lot after construction has occurred. At the time of final
plat approval, the legal papers will need to contain specific language regarding the
replacement trees to be approved by the City Forester. Although the applicant is
requesting that woodland areas in excess of 50% be permitted to allow construction on
Lots 7, 8, and 9, staff believes that the overall plan results in the protection of the most
valuable large oak and hickory trees located on the property.
In addition to the woodlands in the western portion of the development, the applicant has
worked closely with the staff, including the City Forester, on a plan to protect several large
oak and hickory trees located outside of the designated woodland. These trees are
located on Lots 1, 3-5, and 12-14.
In response to concerns regarding the steep and critical slopes on the original Lot 1, the
applicant has eliminated the first lot at the intersection of Foster Road and White Oak
Place. This will help assure that Lot 1 has sufficient construction area without requiring
disturbance of the steep and critical slopes or the grove of trees located adjacent to Foster
Road.
A note indicating that no direct vehicular access shall be allowed from Lots 1 and 16 to
Foster Road, should be added to the plat.
Staff recommends that the Sensitive Areas Overlay rezoning from ID-RS to OSA-5 and
the preliminary plat of Oakmont Estates, an 8.7-acre, 16-lot residential subdivision located
on Foster Road be approved subject to a note being added to the plat regarding no
vehicular access being allowed from Lots 1 and 16 to Foster Road.
Bid sk.
PRELIMINARY PLAT
O A K M O N T ESTATES
Toby the
City of Iowa City
. N
616t Lf� ■ 1�
f�f
IOWA CITY, IOWA
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LfWMTT EA>ovNR As crow 70EO1 wr a YAT nor,
IMJ. AND SRwI fEWQ IlR
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Mm CDNSDLTANTB M R G. BIRD LLG DOim D. RI)PPIDtY
1917 9017M GRBCRT ST c% DOUGLAS 0. ROPPELT 122 SOUfB URN ST SDRE 1C
IOTA MY. IOWA. 52M LEE SOUTH LDIN ST SORE IC IOTA CffY, IOWA 52240
AL oE-QF tlPTTON
A.e6>', PomW 65076. Y aacar m .RA th. Plat U—af
th. at th.
IOWA LTYr. IOTA 52240
.awa.a N BeaN ]s, at PaI. 267 of r.M�a.
d.I. C- , R.cardr'. of6a.. said Para.l aa.t.I..
&70 ay.., and Is wnpat to .a.--ta and r..tri.U-.
aRNr YsrwNa TNWL ®
r¢T
NO 51RtICRN(ES OR BFROVDilENiS. OTHERof
WHOSE-CIM6ID BY THE CONSTRIICNON t>F 11H711E
SUsorvA N IMPROVEMENTS. 94" BE PENATTED
r.cord.
NOTE: SPECIFIC TREES SHOWN HAVE BEEN FIELD
TREES IN
U74M n1E SHADED AREAS OF LOTS 1 THROUGH 16
LOCAT. 1REES LOCATED IN To or ALL
THE EDDEVEIOPYENT AREA 6' TD Y CALIPER AND
-
/LARGER.
REFER TO 711E TREE PR07ECnON PLAN
FOR ALL TREE LOCATNTNS AND TREE REMOVAL
mPROIIECaW- O I.PACT
CWTCAL SLOPES -MINIMALL IMPACT (APPRO L SOD 5F)
-- /
WOODLAND AREA (WEST PORTION (IF TRACT) - 264 ACRES
1.79 AGES 66S
WOODLAND (PACT AREA
' WTION OF TRACT DOES HOT QJrY AS
MOOOLAIOEASIETN UA
' IN TERMS OF COVERAGE. TREE DENSITY AND
TREE SPECIES.
TERMS OF COVERAGE TREE DEN3". AND
TREE REM ACEMENT
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�^� •� "°0 a' "M." w STANDARD LEGEND AND NOTES
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OtHDutION LOWS
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FAVDOR �M .f01GiG RE= DIMENSIONS
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- DFIIAL Ears - - PERM DINE
_ D15MG SANITARY SEWER
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WATER LINES
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7ELiPHOE LINES
- CIS LIES
IWEES 1107® DDCNR AIL mN2015 AIE N FEET NO HUNDRI ARIS
SLOE CICNJI NOTES
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LOCATION OF ALL PROPOSED NSHOW
ON THIS JAARE SIJB CT TO MODIFICATION ADJORE
THACL AND LOCATION
OF ALL PROOSEDFACUDS
SHALL 13E yPRII CONSTRUCTION
OANNTS WOW
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APPROVAL oNTOOF RAT. L _
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STAFF REPORT
To: Planning & Zoning Commission
Item: SUB02-00011. Country Club Estates
Second Addition
GENERAL INFORMATION:
Applicant:
Contact Person:
Phone:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Prepared by: Robert Miklo
Date: July 17, 2003
S & J Development L.L.P.
2231 East 45t" Street
Davenport, IA 52807
Phone: 319-351-3355
Van Winkle — Jacob Engineering
563-288-6427
Preliminary plat approval
To create a 42-lot residential subdivision
North of Lake Shore Drive, west of
Flagstaff Drive
16.65 acres
Undeveloped, RS-5
North: County Farm, P;
South: Residential, RS-5,
East: Agricultural, undeveloped, RR-1;
West: Agricultural, RR-1 and Al
(County)
Residential, 2-8 dwelling units per acre
June 19, 2003
August 3, 2003
Country Club Estates, Part 1, a 21-lot 10.82-acre residential subdivision was approved in 1999.
The applicant is now requesting approval of part 2 to allow the development of 42 more lots. The
applicant owns an additional 80 acres between this property and Rohret Road. At the time that
part 1 was approved, the staff, Commission and Council expressed a concern that a concept plan
be provided for the remainder of the property to assure that the area developed in a
comprehensive fashion. The applicant has submitted such a concept plan. Although the design of
Country Club Estates, Part 2 is acceptable, there will need to be some revisions to the concept
plan when additional parts of Country Club Estates are platted. The concept plan needs to
2
address the relocation of portions of Slothower Road so that it does not become a cut through
route between Rohret Road and Melrose Avenue.
ANALYSIS:
Subdivision design: County Club Estates is included in the Southwest District. The proposed
subdivision appears to comply with the recommendations of the District Plan. The plat includes
the extension of Lake Shore Drive, a collector street. As recommended in the Southwest
District Plan, Lake Shore Drive is shown continuing to the north to provide access to the County
owned property, a portion of which may be developed in the future for residential uses.
Flagstaff Drive is also being extended form Southwest Estates. Tempe Place/Court, a new
street, will connect Flagstaff Drive and Lake Shore Drive and will be stubbed to the west for
future development.
The proposed lots range in size from just over 8,000 square feet (lot 23) to just under an acre
(lot 18). Most of the lots are between 11,000 square feet and 13,000 square feet. All lots meet
the minimum requirements of the RS-5 zone. The lot configurations are comparable to the lots
within the Country Club Estates, Part 1 and Southwest Estates which is located to the east.
Traffic: Currently the only vehicular access to Country Club Estates must come from Phoenix
Drive, a collector street, which leads to Rohret Road. Prior to the submittal of this application,
staff completed a secondary access analysis of Phoenix Drive through Country Club Estates
and Southwest Estates. Staff's conclusion was that approximately 40-45 additional lots that
relied on Phoenix Drive for access to Rohret Road would be acceptable. Therefore if this
subdivision is approved, staff would recommend that no additional lots be approved in this area
until an alternative collector street to Phoenix Drive is provided. This may occur when a street
is built to provide access to Melrose Avenue to the north and or Lake Shore Drive connects to
Rohret Road to the south.
Neighborhood Open Space: The Neighborhood Open Space Ordinance requires the dedication
of 17,113 square feet of open space or the payment of fees in lieu of. Staff recommends that the
required open space be pooled with open space from the larger subdivision illustrated in the
concept plan. This will allow for the creation of a larger more centralized neighborhood park. This
plat and concept plan will be sent to the Parks and Recreation Commission for their consideration.
Infrastructure: An existing storm water basin located on the west side of Southwest Estates ,
Part Six, will be expanded onto lots 18-20 of Country Club Estates, Part 2. The Public Works
Department is reviewing storm water calculations.
The applicant is in the process of obtaining a sanitary sewer easement across the County owned
land to the north to provide access to the Westside trunk which will provide sanitary sewer service
to Country Club Estates Second Addition and some of the future parts of Country Club Estates.
The far southern portion of the applicant's property (the portion adjacent to Rohret Road) will
require a lift station for sanitary sewer service.
A water main extension fee of $395. per acre is required.
STAFF RECOMMENDATION:
Staff recommends that the preliminary plat of Country Club Estates, Part 2, be deferred pending
resolution of deficiencies noted below. Upon resolution of deficiencies staff recommends approval
of Country Club Estates, Part 2, a 42-lot, 16.65 acre subdivision located west of Flagstaff Drive.
3
DEFICIENCIES AND DISCREPANCIES:
1. Easement for storm water basin should coincide with grading plan for lots 18-21
2. Preliminary storm water calculations need to be corrected.
ATTACHEMENTS:
1. Location map
2. Preliminary Plat
3. Concept plan
Approved by:
Bob\countrydub-part21
Karip Franklin, Director
Delhartment of Planning and Community Development
SEE SHEET 2 OF 3 FOR _ JOHNSON N POINT OF BESINNIM fOAaEAermRNB anlE 1
\ 1 \ \
1 I 1 I iDIJ1fRYE3f FSTArIa-PAft mf lFC I1, if9N,RTY
1 \ JOIiN50N \ COI�NTY 1 1 CONTINUATION OF PRELIMINARY PLAT. R nVPta ttn PIH Lo»x, ro mHC Ma+aRNr
t218.E5 \ \ \ \ \ \ \ \ 1 r 5!9"50YSW 711J2' .
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c"�1�J o. LEGEND
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\ yl 0.287 A_I $ yl+ :� ' / / ' �. 1- ./ , Cae • 1 , \ /' / / / / / 7 1 r ! ! PROPOSED LOTLTEES
j` - -// ' / \ ��•• ' 1/
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'� \ , APPLICANT/OWNER/DEVELOPER REAR YARD • IV
m S C: J DEVELOPMENT L,L.P.
oz 32 `\� `�` ` r. ' to \\ _ z106 22231 EAST STREET . MIKE SPEER
CITY OF IOWA CITY. IOWA
`\41 ( ij 2\4�t\ En _ - - DAVENPORT, IOWA 52807
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_ OWNER'S ATTORNEY DATE:
o.tB9Aoo ti -_� MICHAEL W. KENNEDY
1ja r�'R>{atY \ 1 l uy,• 1�� '1 1 a 107 -
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SOUTH ot3s11aLtE srREET CURVE DATA TABLE
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A°elTtoN owNrR+au6FRA,Es THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCROM AS FOLIONS; » ».„ naa w>b n.0 w.N sn-w-ew•
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SEW DEVELOPMENT, L.L.P.
2231 EAST 45TH STREET
DAVENPORT, IOWA 52807
MR. MIKE SPEER
(319)936-6836
COUNTRY CLUB ESTATES
PRELIMINARY SITE DEVELOPMENT CONCEPT PLAN
>4 COUNTRY CLUB ESTATES RESIDENTIAL DEVELOPMENT van winkle —Jacob engineering, inc. X
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X ti PRELIMINARY SITE DEVELOPMENT CONCEPT PLAN muscatine, Iowa 52761 (563) 288-6427 C )
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Shelley McCafferty
Item: SUB03-00029
Village Green Part XIX Date: July 17, 2003
GENERAL INFORMATION:
Applicant: Third Street Partners, LLC
325 Third Street
Iowa City, IA 52240
Contact Person: MMS Consultants, Inc.
1917 South Gilbert Street
Iowa City, IA 52240
351-8282
Requested Action: Approval of final plat
Purpose: To create a 10-lot residential subdivision
Location: Wintergreen Drive west of North Jamie Lane
Size: 7.11 acres
Existing Land Use and Zoning: OPDH-8 and OPDH-12
Surrounding Land Use and Zoning: North:
OPDH-5, Low Density Single Family
Residential
South:
OPDH-5, Low Density Single Family
Residential
East:
OPDH-5, Low Density Single Family
Residential
West:
OPDH-5, undeveloped
Comprehensive Plan: 2-8 dwelling units per acre
File Date: June 26, 2003
45-Day Limitation Period: July 3, 2003
BACKGROUND INFORMATION:
The applicant, Third Street Partners, LLC, is requesting approval of the final plat of Village Green
Part 19, Lots 55 - 64.. This subdivision is 7.11 acres of the Village Green Parts XIX-XX
subdivision. The preliminary plat and OPDH plan for Village Green Parts XIX-XX has been
approved by Council.
2
The final plat as submitted is in general conformance with the approved preliminary plat.
Construction plans have been submitted and are being reviewed by the City Engineer. Legal
papers have also been submitted for review by the City Attorney and Engineer. Prior to Council
consideration of the final plat, staff must approve construction plans and legal documents.
A water tap -on fee of $395 per acre and a sewer tap -on fee of $1,698.18 per acre are required.
The preliminary plat and OPDH plan of Village Green Parts XIX-XX were approved by the
Planning and Zoning Commission on September 16, 2001. Preliminary plats are valid for two
years. The applicant has requested a two year extension for the preliminary plat of Village
Green Part XX.
STAFF RECOMMENDATION:
Staff recommends that SUB03-00029, a final plat of Village Green Part 19, a 7.11-acre, 10-lot
residential subdivision located at Wintergreen Drive west of North Jamie Lane be approved
subject to staff approval of legal papers and construction drawings prior to City Council
consideration.
Staff recommends approving a two year extension for the preliminary plat of Village Green Part
XX.
ATTACHMENTS:
1. Location map
2. Final plat
Approved by:
Robert Miklo, Senior tanner,
Department of Planning and Community Development
I CITY OF IOXA CITY ON I
AMEADOWS BLVD.
SITE LOCATION: The end of Wintergreen Dr. SUB03-00029
7.11 AC
Final Plat
VILLAGE GREEN - PART XIX
IOWA CITY, IOWA
la CLOWI - 04M 1 PLAT PReMAM ar 81
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6300011F
pA MMS CONSULTANTS, INC.
1917 S. GILBERT STREET X IOWA CITY X IOWA 52240-4363
OFFICE: 319-351-8282 X FAX: 319-351-8476
(E-MAIL: MMSCONSULTANTSIC@CS.COM)
n June 26, 2003
�I
p Mr. Bob Miklo
T City of Iowa City
410 E Washington St.
Iowa City, Iowa 52240
Re: Village Green Part XX
Dear Bob:
Robert D. Mickelson L.S. (Retired)
Larry R. Schnittjer L.A.
Christopher M. Stephan P.E.
Glen D. Meisner
L.S & P.E.
Ronald L. Amelon
P.E.
James E. Lichty
L.S.
Duane A. Musser
L.A.
Randy L. Williams
M.C.P.
Paul V. Anderson
P.E.
Edward H. Brinton
P.E.
Kelly J. Beckler
P.E.
Lucas C. Newton
L.A.
Mark A. Stein
L.S.
Cary J. Solberg
P.E.
z
v
I am writing on behalf of the developer, Third Street Partners, to request an extension of the
Preliminary Plat approval for Village Green, Part XX. This subdivision was preliminary platted
together with Part XIX and has an approval date of 12/ 11 /01. A final plat for Part XIX is being
submitted for approval today.
zPlease extend the Preliminary Plat approval for Village Green, Part XX for 24 months from the
d original approval expiration date.
b
3 Respectfully Submitted:
MMS C ultants, Inc.
z
v �
Paul V. Anderson
F:\DocsMicrosoft03DOCS\6300\6300-011\6300011 LO LDOC
STAFF REPORT
To: Planning & Zoning Commission Prepared by: Jessica Hlubek
Item: VAC03-00001 Date: July 17, 2003
Alley south of Kirkwood Avenue
and west of Diana Street
GENERAL INFORMATION:
Applicant: Michael Lensing
605 Kirkwood Ave.
Iowa City, IA 52240
Phone: 338-8171
Requested Action: Right-of-way vacation
Purpose: To allow adjacent property owner(s) to
acquire alley right-of-way and incorporate it
into private property
Location: Alley south of Kirkwood Avenue and west
of Diana Street
Size: 6680 square feet
Existing Land Use and Zoning: Unpaved alley right-of-way
Surrounding Land Use and Zoning: North: Commercial Office, CO-1;
Residential, RS-5
South: Residential, RS-5;
Intensive Commercial, CI-1
East: Residential, RS-5
West: Commercial Office, CO-1;
Intensive Commercial, CI-1
Comprehensive Plan: The Comprehensive Plan designates the
area surrounding the alley as Residential,
2-8 units/acre
File Date: June 6, 2003
BACKGROUND INFORMATION:
Michael Lensing has applied for the vacation of a 6680-square foot portion of alley right-of-way
located south of Kirkwood Avenue and west of Diana Street (see attached location map). This
alley is adjacent to the southeast of his property at 605 Kirkwood Avenue. This section of right-of-
way under consideration includes a 284-foot long by 20-foot wide section running north -south and
a 50-foot long by 20-foot wide section running east -west. The entire north -south section, as well
as the east -west section under consideration, is the right-of-way for an unpaved alley. The
remaining portion of east -west right-of-way is a gravel alley connecting to Diana Street. This
2
gravel alley is used for access to properties located at 619 and 525 Kirkwood Avenue and 1016
Diana Street. The applicant has requested the City vacate the unbuilt north -south portion of the
alley right-of-way, as well as the east -west portion up to his eastern property line. The applicant
wishes to acquire the area abutting his property in order to allow the future extension of the rear
parking lot for Lensing Funeral & Cremation Service. The zoning boundary between the
Commercial Office (CO-1) zone on Kirkwood Avenue and the Low Density Single -Family (RS-5)
zone on Diana Street runs down the center of the alley. A rezoning will be required if the parking
area is to extend beyond the center of the current alley right-of-way.
ANALYSIS:
There are three general criteria to apply when recommending a right-of-way vacation. Release
of a street or alley right-of-way should not be recommended when it would result in 1)
detrimental vehicular or pedestrian circulation, or 2) interference with the rights of access to
private property, or 3) if it would inhibit the access of fire or emergency vehicles, or utility
service vehicles.
Access: The area proposed for vacation is not used by the general public. It is an unpaved alley
and contains trees and other vegetation. This portion of right-of-way is not currently used for
either vehicular or pedestrian access to adjacent properties. The residential properties backing
the north -south portion of right-of-way have their driveways on Diana Street. The northernmost
property backing the north -south right-of-way uses the graveled east -west right-of-way for access.
There does not appear to be a public benefit to keeping the north -south portion of this alley as
public right-of-way. The City has no plans for the future use of this right-of-way. There are no
sanitary sewers, storm sewers, or water mains existing within this area.
Utilities: Staff has notified the utility companies of the proposed vacation. Qwest Communications
has indicated that they have cable lines located in this alley. An easement will need to be
maintained or the applicant will need to reach an agreement with Qwest to relocate the cable.
Future Use of Right -of -Way: There has been some concern from residents of Diana Street
regarding increased traffic as a result of the alley vacation. If Mr. Lensing does extend his parking
lot in the future, there is the possibility that the remaining graveled east -west alley would be used
as an access to the extended parking lot. Commercial traffic would therefore be allowed to travel
from the parking lot to Diana Street through a residential neighborhood. In order to discourage
the flow of commercial traffic through a residential neighborhood, Staff recommends that as a
condition of vacating the alley, a curb be included at this point on any future site plan for this area.
Staff further recommends that final approval of the ordinance vacating the alley by the Council be
held until agreements have been reached with the adjacent property owners regarding the
purchase of the property from the City. The vacation ordinance and approval of the conveyance
of the right-of-way to adjacent property owners would be done concurrently, at the same City
Council meeting. This way, the City will avoid a situation where a property has been vacated, but
is not conveyed to adjacent property owners.
Although Michael Lensing has been the primary interested party in vacating this right-of-way,
two other adjacent property owners (at 424 Highland Court and 1035 Diana Street) have thus
far expressed an interest in the vacated right-of-way. As has been our past practice, Staff
recommends that if two adjacent property owners are interested in acquiring the vacated right-
of-way, each should have the option of acquiring half of the area between the two properties.
All adjacent property owners have been notified of their option to obtain a portion of this right-
of-way. If no other adjacent property owners are interested in purchasing a portion of the right-
I
of -way, Michael Lensing will be given the opportunity to purchase the remainder of the vacated
area.
STAFF RECOMMENDATION:
Staff recommends that the City vacate the 6680-square foot portion of right-of-way located to the
southeast of 605 Kirkwood Avenue subject to: 1) the retention of any necessary utility easements,
2) to the conveyance of the right-of-way being approved concurrently with the approval of the
ordinance vacating the alley, and 3) the inclusion of a curb along the east -west graveled alley to
prevent vehicular access from the commercial property to Diana Street.
ATTACHMENTS:
1. Location Map
2. Arial Photograph
3. Correspondence
Approved by:` -
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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June 24, 2003
Mr. Robert Miklo
Iowa City Planning and Zoning Commission
410 E. Washington Street
Iowa City, IA 52240
Dear Mr. Miklo:
I spoke with you on the phone last week regarding Michael Lensing's application to vacate the
public right-of-way located to the south of Kirkwood Avenue and west of Diana Street. I am the
original owner of the home at 1105 Diana Street, having moved in when the house was
completed in 1956.
I am against this vacation for several reasons. First, vacating the public right-of-way would open
up the Lensing property to the alley onto Diana Street. This would create more traffic on Diana
Street. The street is narrow and already overloaded with traffic as many north -south drivers cut
through from Dodge Street and Kirkwood Avenue to Highway 6 and vice versa.
Second, more traffic on this narrow street would make it more dangerous for small children in a
neighborhood zoned as residential.
Third, additional traffic would be a deterrent to the City of Iowa City's interest in maintaining the
integrity of this neighborhood and nurturing it for future generations. Recently, my neighbors and
I received letters from the City of Iowa City offering low -interest loans for upgrades to our homes.
Obviously, the City sees the need to protect the neighborhood and wants to see it flourish in the
future. Consider what could happen if the next step is taken —to access Diana Street via an alley
that leads to it from the parking lot. Although it may not be Mr. Lensing's desire to access Diana
Street from the right-of-way, there is nothing to prevent a possible future owner from asking in the
future for this favor. Plus, an increased parking lot for which Mr. Lensing is seeking would
obviously lead to a need for additional access points to and from it.
Fourth, I have another concern as to downhill water runoff by the elimination of grass in favor of
more concrete paving in the area.
Finally, the application for vacation of the public right-of-way is also a prelude to an application for
rezoning and the purchase of the back portions of two properties south of the alley on Diana
Street. Negotiations between Mr. Lensing and the two property owners are now in progress. A
commercial use of a portion of these properties would require rezoning and would be an
encroachment of the CO 1 district into the RS 5 single-family district. The residential
neighborhood needs to be protected from business encroachment.
While it is good to see business growth, the interest of this historic Plum Grove neighborhood
must not be diminished while that of one business is enhanced. Vacating the public right-of-way,
purchasing of sections of single-family district property and rezoning for business use would
signal that the City no longer wants to nurture and upgrade the quality of life for all who live in the
neighborhood.
Sincerely,
Winifred olland
1105 Diana Street
Iowa City, IA 52240-4672
Jessica Hlubek
From: Cory Berwald [97redf150@mchsi.com]
Sent: Wednesday, July 02, 2003 9:18 PM
To: Jessica-Hlubek@iowa-city.org
Subject: Proposed Vacate Of Right -Of -Way
Dear Ms. Hlubek
Thank you for letting me know that I have the option to purchase a
portion of the right-of-way adjacent to my property. I was unaware that
I would have this option. I am very interested in the 10 foot section
of land at the rear of my property; that is if I can afford it. I
wouldn't even mind the other half of the alley that I currently don't
have the option to purchase. The landowner of the property directly to
my west does not maintain the hill that adjoins the west side of the
alley. It has never been mowed in the year and a half that I have lived
in this house, nor for several years before that, when this was my
Grandmothers property. If I can't afford to purchase any of the ally, I
would prefer that Michael Lensing end up with the whole 20 foot width of
the alley. At lest then I know it will get mowed on a regular bases.
Thanks,
Cortland Berwald
1035 Diana St.
319-338-9812
97redf150@mchsi.com
1
July 10, 2003
Mr. Robert Miklo
Iowa City Planning and Zoning Commission
410 E. Washington Street
Iowa City, IA 52240
Dear Mr. Miklo:
I am concerned about the "slice and dice" of the property at 1018 Diana Street. The property is
now listed for sale with the frontage divided into two lots without the back 40 feet.
I have no argument about the front division. My concerns are about the back 40 feet being split
off. As of now, the only access to this area would be from the Lensing property through the public
right-of-way which Mr. Lensing has asked to be vacated. Mr. Lensing has stated his interest in
purchasing this 40 feet.
Wouldn't the back 40 feet of the 1018 Diana Street RS 5 property have to be rezoned to CO 1
before it could be split off and put to commercial use? It could then be used for whatever is
allowed within the CO 1 district. Incidentally, my check of the Iowa City Zoning Code for CO 1
districts lists funeral homes as a special exception. It does not mention c rematoriams, the
recently added use of the Lensing property.
I feel that all property owners on Diana Street, as well as the bordering Kirkwood Avenue property
owners, should be notified of any pending changes within the area.
Is it a foregone conclusion that the right-of-way will be vacated, the rezoning will take place, and
Mr. Lensing can then merge his business into an area that is now a residential district?
Sincerely,
Winifred Hol and
1105 Diana Street
Iowa City, IA 52240-4672