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Home My WebLink AboutCouncil Packet - 11/3/2014BUILDING & GROUNDS COMMITTEE November 3, 2014 4:40 p.m. Harold E. Getty Council Chambers Roll Ca11: Members: Chairperson David Jones Pat Morrissey Steve Schmitt Approval of Agenda, as proposed. NEW BUSINESS 1. Request by House of Hope for interest in 519 E. 3rd Street for future project - Submitted by Noel Anderson, Community Planning & Development Director 2. Request by Marcus Pratt and the Bosnian Islamic Association of Waterloo to purchase a portion of Marigold Drive right-of-way, south of its intersection with Afton Drive for the price of $1.00 for each half of the street -Submitted by Noel Anderson, Community Planning & Development Director ADJOURNMENT Suzy Schares, CMC City Clerk/Human Resource Director Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At-1 urge CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Building and Grounds Committee Meting: Novemaer 3, 2014 Prepared: October 29, 2014 Dept. Head Signature: # of Attachments: //� SUBJECT: Purchase of Marigold Drive right-of-way south of Afton Drive Submitted by: Noel Anderson, Community Planning & Development Director Recommended Finance Committee Action: Approval Summary Statement: The City has received a request from Marcus Pratt to purchase a portion of Marigold Avenue right-of-way, south of its intersection with Afton Drive. The area in question is 60'x 197.49' (11,849 SF). Mr. Pratt is currently constructing a new house directly to the east of the right-of-way in question. The Bosnian Islamic Association of Waterloo is the property owner to the west of the right-of-way, and they are interested in half of the right-of-way that abuts their property. Staff has determined that the average price per square foot of property abutting the right-of-way is $0.26. The full asking price for each half of the right-of-way is $1,540.24. There is an 8" sanitary sewer within the right-of- way in question, and the Sale of Property Policy allows the full asking price to be reduced by 50% if an easement is retained over the area. Therefore, due to an easement being retained, the asking price for each half of the right-of-way is $770.00. Mr. Pratt is proposing to purchase his half of the right-of-way, which is 30'x 197.49' for $1.00, as future taxes paid on the new house, which had a permit value of $187,000, will cover the costs for the purchase of the right-of-way. The new house will receive the CLURA tax abatement for three years. It is estimated that when the house begins paying full taxes, it will be approximately $4,000 per year. Currently, Mr. Pratt's vacant property pays $622.00 in taxes per year. The Bosnian Islamic Association of Waterloo is also proposing to purchase their half of the right-of-way for $1.00. Currently, the association received approval to establish a cemetery on this site, and there are also future plans to construct a new mosque. However, due to this being a religious facility, it is exempt from paying property taxes. Since no mosque is being constructed at this time, there will be no new permit fees received. Staff recommends that half of the right-of-way be sold to Mr. Pratt for $1.00, as the house he is currently constructing will pay property taxes that will cover the costs to purchase the right-of-way. Staff recommends that the right-of-way be sold to CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer the Bosnian Islamic Association of Waterloo for the asking price of $770.00, as a religious facility is exempt from paying property taxes. Expenditure Required: None Source of Funds: Policy Issue: Sale of City property. Alternative: Background Information: ta: NA cc: Aric Schroeder, City Planner file-- REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: October 14, 2014 Request to vacate a portion of Marigold Drive, located south of its intersection of Afton Drive. Marcus Pratt, 3306 Parkridge Road, Waterloo, IA 50702 The applicant is requesting to vacate the 60'x 197' (11,820 SF) portion of right-of-way of Marigold Drive, and retain the east half of the property to serve the house he is currently constructing, located at 3410 Marigold Drive. The Bosnian Islamic Association owns the abutting property to the west of the right-of-way and wish to retain the west half to serve their property. The request would not appear to have a negative impact upon the surrounding neighborhood and land use. The request would not appear to have a negative impact upon traffic and pedestrian conditions within the surrounding area. However, it will need to be properly reconfigured. There are no recreational trails within the immediate area. A portion of the area to be vacated is zoned "R-4,R-P" Planned Residence District, and another portion is zoned "C-1" Neighborhood Commercial District. North — Existing commercial development, zoned "C-1" Neighborhood Commercial District. South — Vacant development ground, zoned "R-4,R-P" Planned Residence District. East — Vacant development ground, zoned "R-4,R-P" Planned Residence District. West — Vacant development ground and a mobile home park, zoned "R-4,R-P" Planned Residence District, and "R-3" Multiple Residence District. The surrounding area consists of a mix of different development, which include light commercial uses, a mobile home park and single family -residence that is under construction. There appears to be no need for additional screening and buffering for this request. The request would not appear to have a negative impact on drainage in the area. The area in question is not located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map Community Number 190025 and Panel Vacate Marigold Dr S of Afton Dr. Page 1 of 3 119 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: October 14, 2014 Number 0316F, dated July 18, 2011. There are no nearby parks within the immediate are of the vacate request. There is an 8" sanitary sewer located within the area requested to be vacated. If the vacate is approved, it will be necessary to retain an easement over, under and upon the area to allow for access to the sanitary sewer if maintenance is needed in the future. The Future Land Use Map designates this area as Mixed Residential; Low, Medium, High Density Residential, Professional Offices and Neighborhood Commercial. The proposed right-of-way vacate would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting to vacate a portion of Marigold Drive located south of its intersection with Afton Drive. The applicant has requested to retain the east half of the right-of-way that abuts the property he owns at 3410 Marigold Drive, which is currently a house that is under construction. The Bosnian Islamic Association owns the property to the west of the right-of-way, and has requested to retain the western portion of right-of-way that abuts their property. The applicant has provided a letter to the Engineering Department agreeing that he will extend Marigold Drive from Afton Drive approximately 16' southeastward and install two, 16' wide driveways on opposite sides of the street. The applicant has also indicated that sidewalk will be extended along either side and be built to City specifications. However, only extending Marigold Drive by 16' is not long enough to meet the requirements for a turn- around. Another option would be to vacate Marigold Drive south of Afton Drive, and curve Afton Drive into Marigold Drive, and install new curb and gutter on the south side of the curve and construct a new driveway entrance at the curve to serve both the applicant's property and the Bosnian Islamic Association property. Staff feels this would be the best alternative in this situation. The portion of Marigold Drive south of Afton Drive is a dead-end stub that previously had right-of-way that extended farther to the south connecting into Memory Lane, however, this right-of-way was eliminated when the entire plat of that area was vacated, and there are no plans to make a public road connection through this area in the future. There is no platting required as a part of this request. Therefore, staff recommends that the request to vacate a portion of Marigold Drive south of its intersection with Afton Drive be approved for the following reasons: 1. The request would not appear to have a negative impact on Vacate Marigold Dr S of Afton Dr. Page 2 of 3 120 October 14, 2014 the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. And subject to the following condition(s): 1. That before reconstruction of the road begins, the applicant submits in writing the details, materials and contractors involved in the reconstruction of the roadway, and obtain all necessary permits. 2. That the applicant reconfigures the intersection of Marigold Drive and Afton Drive by properly curving the two streets into one another. 3. That each adjoining property owner provides an access easement for the benefit of the other adjoining property over the portion that is conveyed to them. Vacate Marigold Dr S of Afton Dr. Page 3 of 3 121 City of Waterloo Planning, Programming and Zoning Commission October 14, 2o14 NEE A-1 4' R-3; R-P'41 /1111111 mil R IMO• �� iIIi Ili �• M-1 R-4 R-3 A-1 C-1 -11,CLZ R=1 R-3,R-P C-2 E ORANGE RD. A-1 A-1 ESHAUL'S RO. R-2, C-Z 100D soo 0 1,000 IF Vacate of a Portion of Marigold Drive, South of Afton Drive Marcus Pratt '122 City of Waterloo Planning, Programming and Zoning Commission October 14, 2014 Portion of Right -of -Way to be Vacated Vacate Portion of Marigold Drive, South of Afton Drive Marcus Pratt 1z3 Request to Vacate Marigold Drive, South of Afton Drive TRACT V t Pt. ESMT BLDG, LtNE t52.1• AFTON •S' t+, 8 UTIL_ ESMT • 15834 19 .i>• *---Rs ,..-, s' uni.. _...,,0 K2 E5MTS, ',..„,..''.‹, p, • "JO TRACT T 1111- 11J I_JLkJ TRACT s Area to be Vacated 0 124 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 U Offer to Vacate and Purchase City Right -of -Way a Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement �� U Sale of City -Owned Property ` Applicant: I 1 Address:3Sr)(, �q )� �� , Phone No.:3tQ 2.,o 3tLici General Description of//Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: anon -refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • /Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: .O° Note: The above information is a summary of the Sale of Property Policy (see attached). Alt requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. Applicant tij S� aoi1 Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 125 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of right-of-way reques d to be vacated and generally described as (address or general location): `314 ! 0Aux.,..„ q�,�6 ,, have no objection to the right-of-way being vacated and have been offered the opportunit }q to buy a portion of the right of way. We wish to make the following known (check which applies): We/1 wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/1 do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). Signature of adjacent property owner Date 34l D CAv i C,C� � 3tq �9-449 Address � Phone 1. Offer Price [Note: if the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Portion of Allev You Intend to Purchase: 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) x n 10.t`G1.,2.5, ytJ 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants -in - common, joint tenancy with full rights of survivorship, or as individual ownership.) 126 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property ow ers of right-of-way eque ed to be vacated and generally described as (address or general location): q' ! , have no objection to the right-of-way being vacated and have been o red the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/1 do not wish to purchase from the City any portion of the right-of-way (sign and date below leave items 1-3 blank). Signature of adjacent property owner ei^iCs- c,�O' Z ? Address 7 - sc- 0 z"cv �l Date Phone 1. Offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) f 5 Of? /j*l /'(. 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants -in - common, joint tenancy with full rights of survivorship, or as individual ownership.) 127 Request to Vacate Portion of Marigold Drive Looking at the portion of Marigold Drive to be Vacated. It is not a constructed road, but rather a gravel driveway area. 128