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HomeMy WebLinkAboutCouncil Packet - 6/4/2012BUILDING & GROUNDS COMMITTEE June 4, 2012 4:50 p.m. Council Chambers Roll Call: Members: Chairperson Harold Getty Ron Welper Bob Greenwood Approval of Agenda, as proposed. NEW BUSINESS 1. Approval of request by David and Terry Roeder to vacate a 273 foot long portion of unused platted alley located adjacent to 1200, 1204, 1208, 1218 and 1228 Baltimore Street for the purpose of incorporating the area into the rear yard of the properties; and forward said request to the City Council agenda —Submitted by Aric Schroeder, City Planner. ADJOURNMENT Suzy Schares City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large 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 Council Communication Building and Grounds Meeting: TUNE 4. 2012 Prepared: May 30, 2012 Dept. Head Signature: # of Attachments: SUBJECT: Request by David and Terry Roeder to vacate the unused platted alley located adjacent to 1200, 1204, 1208, 1218, and 1228 Baltimore Street. Submitted by: Aric Schroeder, City Planner Recommended Building and Grounds Action: Provide City Council with a recommendation on the request to vacate a 273' long portion of unused platted alley located behind the homes at 1200, 1204, 1208, 1218, and 1228 Baltimore Street for the purpose incorporating the area into the rear yard of the properties. Summary Statement: Transmitted herewith is a request to vacate, sell and convey the 4,368.4 SF unused platted alley located between Byron Avenue and Eureka Street. Expenditure Required: None Source of Funds: N/A Policy Issue: Vacate portion of public alley. Alternative: Don't vacate and leave the unused platted alley. Background Information: In accordance with the City of Waterloo Zoning Ordinance, the entire platted alley will be vacated. The owners who reside at 1200 and 1228 Baltimore's portion of the proposed vacate is 16' x 54' or 864 sq ft. The applicants in the middle of the block at 1204, 1208, and 1218 Baltimore Street are vacating 16' x 55' or 880 sq ft. Staff feels that the request to vacate the unused 16' x 273' alley would not appear to be a negative impact and will in fact provide additional buffering from planned future residential development at the former Baltimore field that the City purchased CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer from the Waterloo School System, which is abutting the alley to be vacated on the west side. Each adjoining applicant have submitted a signed intent to vacate form with the owner of 1228 Baltimore indicating that they do not wish to purchase any of the platted alley, and with the remaining owners offering $50 for both sides of the alley, citing that they have maintained the unplatted alley and should not have to pay the full price. After averaging the value of all the homes and the vacant City land to the west, it would appear that the land value would be $1.70 per square foot. At 70%, 1204, 1208, and 1218, Baltimore would have an asking price of $1,047.20 and 1200 and 1228 Baltimore with slightly smaller lots would have an asking price of $1,028.16 at 70% of the land value. The applicants have each offered $50.00 which would appear to be 3.3% of the total land value for 1204, 1208, and 1218 Baltimore and 3.4% for 1200 Baltimore. The City would retain the portion of alley adjacent to 1228 Baltimore and it would be added to the lots platted for any development of the vacant land to the west. cc: Noel Anderson, Community Planning 6. Development Director Path: \domain\waterloo\USERS\ Planning \Adam\Council Letters \ letter vacate of public alley behind 624 Adams St 9.19.11.doc REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: September 13, 2011 Request by David and Terry Roeder to vacate the unused platted alley located adjacent to 1200. 1204, 1208, 1218, and 1228 Baltimore Street. David and Terry Roeder 1200 Baltimore Street Waterloo, Iowa, 50702. Request to vacate the 4,368.4 SF portion of alley between Byron Avenue and Eureka Street. The request to vacate the unused alley would not appear to have a negative impact on the surrounding neighborhood. The request to vacate the right-of-way would not appear to have a negative impact on vehicular or pedestrian traffic. The area was platted as a public alley, hut has never been utilized. There are no recreational trails in the area of the request. The site has been zoned "R-2" One and Two Family Residence District since adoption of Zoning Ordinance No. 2479 in 1969. The request would not require any buffering by ordinance standards. The proposed vacate of the alley would not have an adverse impact on drainage in the area. The area to be vacated is a porton of alley that was platted that was never used and is mostly grass. This area is not located within a special flood hazard area according to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map. The new Irving School is located to the north. No utilities are known to be within the are requested to be vacated. The Future Land Use Map designates the area as Residential, and this request would be in compliance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Vacate- Alley adjacent to Baltimore Field west of Baltimore Street Page 1 of 2 35 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: September 13, 2011 Comprehensive Plan. In accordance with the City of Waterloo Zoning Ordinance, the entire platted alley will be vacated. The applicants who reside at 1200 and 1228 Baltimore's portion of the proposed vacate is 16' x 54' or 864 sq ft. The applicants in the middle of the block at 1204, 1208, and 1218 Baltimore Street are vacating 16' x 55' or 880 sq ft. Staff feels that the request to vacate the unused 16' x 273' alley would not appear to be a negative impact and will in fact provide additional buffering from planned future residential development at the former Baltimore field that the City purchased from the Waterloo School System. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate 4,368 SF of the unused platted alley be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The request to vacate is in accordance with the Comprehensive Plan and Future Land Use Map for this area 4. The request would appear to meet the requirements of the Zoning Ordinance. 5. The request would appear to create an additional 16' buffer from future development to the west. Vacate -Alley adjacent to Baltimore Field west of Baltimore Street Page 2 of 2 36 Request by David and Terry Roeder To Vacate The Unused Platted Alley Located Adjacent to 1200, 1204, 1208, 1218 and 1228 Baltimore St Hawthorne Ave Plat Map of Alley Vacate Adjacent to 1200-1228 Baltimore Street 4 PP r nel 1 Alley Proposed to be Vacated 01U0 G AnILLERsi ADD/770/V EUREAA / tao Co) 17TT1 •e:AVE 38 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 requested Ukrvacated and generally described as (address or general location): f O Jr)p*).(, have no objection to the right-of-way being vacated and have been offered the opportunity 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/I 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). tf906 Address owner nine 414"- Qch' S/a"l o it Date (cork) 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�' } %L o f � i E_Z a -tom 7Thatit; eed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legaliarm.you wish to be transferred in (i.e., as tenants -in - common, omt tenancy with full rights of survivorship, br as individual ownership.) 39 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant: (_ ear l es d- !v'e (,le: t Lw'"Address: l a- D 5( a... if , rn4 or c Phone No.: 3 J V`ss.3 <9 - -5 I 2.5 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: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Dollar ($100.00) Filing Fee • Easement or sidewalk vacation, or Encroachment - Fifty Dollar ($50.00) Filing 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:`��, & Note: The above information is a summary of the Sale of Property Policy (see attached). All 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 theason for the request. Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 40 Applicant: tr1 , City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 Cl Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property l _ ' • J>>J i V Address: Jci F J j) J ri7/c i e 1 Phone No.: General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): ,34-4T,mze :37 ,;1 -3d2r '✓ i /}- rJ 1 sr U t',§`kii' i' ,J 5 ! c7 ¢' l'J / n /-1LoT �� rift/o/P E Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Dollar ($100.00) Filing Fee • Easement or sidewalk vacation, or Encroachment - Fifty Dollar ($50.00) Filing Fee • Salc 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: r� c Note: The above information is a summary of the Sale of Property Policy (see attached). All 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 varaterl Any request that fails to meet the Sale of Property Policy shalt 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. i C%t Applicant Date 41 City of Waterloo Planning & Zoning Department 715 Mulberry, Street, Waterloo, Iowa 50703 (319)291-4366 CtOffer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant4,eWlgr%��' Z'Address: / / $A,L4)}Y1pVe_ Phone No,: 3/9-290 es-z7 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: j Ze gehtn ✓O el/7'f 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Dollar ($100.00) Filing Fee • Easement or sidewalk vacation, or Encroachment - Fifty Dollar ($50.00) Filing 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: Note: The above information is a summary of the Sale of Property Policy (see attached). All 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 constructios the reaso)rfbll the request. Applicant 7/1Z/// Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements 42 r5 (4de it City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 'r - &'_d-1 Y A//LL//�� // INTENT TO /VACATE /,.y� �r/ ,(� -[» !.�1/ CAL- �L�,�/� 'v�,rC��r/ - !ti-? .�i,(ad��//� We the undersigned, as adjacent property owners of ri j .of --way requested to be vacated and generally described as (address or general location): / e's4j rye , have no objection to the right-of-way being vacated and have been offered the opportunity 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/1 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/I 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 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 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.) 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.) 43 Vacate Alley Adjacent to 1200 — 1228 Baltimore Street Standing at the end of Byron Avenue looking south at the portion of unused alley being proposed to be vacated. Looking west of the alley at a vacant field currently owned by the Waterloo School District. Standing on Eureka Street looking north at the unused portion of the alley being proposed to be vacated. Standing at the end of Byron Avenue looking north at the portion of alley that is still in use and is not being vacated. 44 MARIA ARMSTRONG From: ADAM POLL Sent: Wednesday, May 30, 2012 10:04 AM To: MARIA ARMSTRONG Cc: ARIC SCHROEDER Subject: Council Letter Legal... its coming... Hey Maria, Pattie is bringing down a council letter for a vacate of an unused platted alley along some properties on Baltimore Street. We are working on the legal and will get that down to you sometime today. Sorry for the inconvenience! abamVott associate ptai7.ner City of Waterloo Community Planning & Development Department 715 Mulberry Street Waterloo, IA 50703 Phone: (319) 291.4366 Fax: (319) 291.4262 adam.poll@waterloo-ia.org 5/30/2012 MARIA ARMSTRONG From: ARIC SCHROEDER Sent: Wednesday, May 30, 2012 10:04 AM To: MARIA ARMSTRONG; SUZY SCHARES; CAROL FAILOR Cc: NOEL ANDERSON, ADAM POLL Maria et all, Adam is bring down another council letter for a Building and Grounds agenda item for the vacate of an alley by Baltimore Street. We have not yet wrote a legal for the vacate area. Let me know if you need a legal for the Building and Grounds action. If so, I'll try and get it to you soon...otherwise we will have it when we do the full Council Transmittal. Thanks, AMC A. SCHROEDER City Planner City of Waterloo Community Planning and Development 715 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4366 Fax: (319) 291-4262 www.ci.waterloo.ia.us 5/30/2012