Loading...
HomeMy WebLinkAboutCouncil Packet - 9/19/2011BUILDING & GROUNDS COMMITTEE September 19, 2011 4:45 p.m. Council Chambers Roll Ca11: Members: Chairperson Harold Getty Ron Welper Bob Greenwood Approval of Agenda, as proposed. NEW BUSINESS 1. Approval of request of Redonna Parker to vacate, sell and convey approximately 120 foot long portion of public alley located behind the home of 624 Adams Street located in Block 8 of Rose Hill Addition for $406.00 for the purpose of closing the alley and incorporating the area into the applicant's rear yard; and forward said request to the City Council agenda to set a date for public hearing Submitted by Aric Schroeder, City Planner. 2. Approval of request of Sean Duggan to purchase and move a 24' x 24' (576 square foot) detached garage from 910 West Shaulis Road in the amount of $500.00 in conjunction with property purchased as part of the West Shaulis Road Extension/Ansborough Avenue Reconstruction Project; and forward said request to the City Council agenda to set a date for public hearing — Submitted by Tim Andera, Associate 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: SEPTEMBER 19, 2011 Prepared: September 14 2,01 Dept. Head Signature: i,���-- # of Attachments: 7 SUBJECT: Request to vacate, sell and convey an approximately 120' long portion of public alley located behind the home at 624 Adams Street in Block 8 of Rose Hill Addition to Redonna Parker for $406.00 for the purpose of closing the alley and incorporating the area into the applicant's rear yard. Submitted by: Aric Schroeder, City Planner Recommended Building and Grounds Action: Provide City Council with a recommendation on the request to vacate an approximately 120' long portion of public alley located behind the home at 624 Adams Street in Block 8 of Rose Hill Addition for the purpose of closing the alley and incorporating the area into her rear yard. Staff recommends denial of the request to vacate the alley. Summary Statement: Transmitted herewith is a request to vacate, sell and convey the public alley located behind the home at 624 Adams Street in Block 8 of Rose Hill Addition for the purpose of closing the alley and incorporating the area into the applicant's rear yard. The applicant noted that she owned a portion of the alley as she purchased the vacated Wilkins Street in 1976 and could have closed down the alley any time in the last 40 years. Staff noted that the vacate in question had used a poor legal description that conveyed the section that is now used as alley. Johnson noted that by allowing the neighborhood to use the alley for the last 40 years a claim of adverse possession could be made by the neighbors to keep the alley open. The applicant noted that she had been paying taxes on that section of alley for the last 40 years. Staff is concerned with the request because of the irregularity that a portion of the alley may have inadvertently been vacated but the area has remained to be used by the public as a public alley, and the vacate request will only vcacate a portion of the alley and create a dead end alley, which is against City policy. At their May 3`d meeting, the Planning and Zoning Commission recommended 7-0 with one member abstaining to deny the request. Members noted that the alley had been in use for 40 years and allowing the alley to be closed would create difficulty in using the remaining alley. Members also noted that vacating a section of alley would be against City policy that does require the City to vacate the entire alley. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Expenditure Required: None Source of Funds: N/A Policy Issue: Vacate portion of public alley. Alternative: Don't vacate and leave the public alley open. Background Information: Staff would note that the applicant owns the property on both sides of the requested vacate. In addition, the applicant apparently owns a 60' long section of the alley that was obtained through the vacation of Wilkins Street in 1976 that lies directly west of the proposed vacate area. Because the applicant appears to own a section of the alley, it is unclear if the applicant could block off that section of alley or would be required to keep it open and functional. It would not appear that it was the intent was to include this section of alley when the street was vacated, but the legal description does not exclude the alley portion. However, after that vacate, the alley remained opened for public use. The applicant has noted that she feels the alley is not needed and would like to prevent people from speeding down the alley. The applicant has added that a tree knocked down in a storm has been blocking the alley since early July and has not been removed. The applicant has noted that this shows the alley could be closed without any negative impact on the area. The applicant has also provided documentation showing that she owns the vacated portion of Wilkins Street and has been paying taxes on the entire portion. Staff has concerns with the request as it could negatively affect vehicular traffic conditions, as it would effectively block the alley. This would create a situation where the ends of the alley are open, but the middle is closed and no turnaround would be available. For this reason it is against City Policy to vacate a portion of an alley without vacating the entire alley. cc: Noel Anderson, Community Planning 6i Development Director Path: \\Alomain\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 TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC SPACES: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: Alley Vacate — 624 Adams May 3, 2011 Request to vacate a portion of the public alley directly behind 624 Adams Street in Block 8 of Rose Hill Addition. Redonna Parker The applicant is requesting to vacate an approximately 120' long section of public alley located between her home and a vacant lot she owns located across the alley for the intention of closing the alley. The request could have a negative effect on the area as it could potentially prevent one of the residents on the block from utilizing a detached garage on their property. The request could potentially have a negative impact on vehicular movements as this would effectively eliminate thru- traffic for the alley and not provide any turnarounds for the remaining portions of alley. The Martin Luther King Jr. trail runs along Martin Luther King Jr. Drive about a half mile to the south. This property is zoned "R-2" One and Two Family Residence District and has been since the adoption of the Zoning Ordinance in 1969. The request would not require any buffering by ordinance standards. The proposed vacated alley would not appear to have an adverse impact on drainage in the area. The area consists of residential home built from 1900's to 1970's. The area in question is within Zone C indicating minimal risk of flooding as established by the Federal Emergency Management Association (FEMA) Flood Insurance Rate Map dated July 3, 1985. Sullivan park lies about a half mile to the west. Storm and sanitary sewer lines are located in both Adams Street and Cottage Street. The Future Land Use Map designates the area as Low Density 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 Comprehensive Plan. Pitge161 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Alley Vacate — 624 Adams May 3, 2011 The request is to vacate approximately 120' of alley behind the applicant's home at 624 Adams Street. The applicant owns the property on both sides of the requested vacate. In addition, the applicant owns a 60' long section of alley that was obtained through the vacation of Wilkins Street in 1976 that lies directly west of the proposed vacate area. Because the applicant owns o section of the alley, it is unclear if the applicant could block off that section of alley or would be required to keep it open and functional. The applicant has noted that she feels the alley is not needed and would like to prevent people from speeding down the alley. Staff has concerns with the request as it could negatively affect vehicular traffic conditions, as it would effectively block the alley. This would create a situation where the ends of the alley are open, but the middle is closed and no turnaround would be available. For this reason it is against City Policy to vacate a portion of an alley without vacating the entire alley. No platting is required as part of the request. Therefore, staff recommends the request to vacate a portion of the public alley directly behind her home at 624 Adams Street in Block 8 of Rose Hill Addition be denied for the following reasons: 1. The request would appear to have a negative impact vehicular traffic conditions in the area. 2. It is against City Policy to vacate only a portion of an alley. PA266 Request to vacate alley behind 624 Adams Street Alley behind 624 Adams Street Proposed Vacate Area 24" Storm Sewer Plat Map — 624 Adams Street Vacate 12" Sanitary Sewer Page 64 Applicant; City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 aff Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property �� �( g / �1 a Address:�aeVAlaaf%T,j PhoneNoo7<�,o / ot�(vd P Desc ipt Qn of Prope Va (i e. alley between A St. & B St., South of C St.): / ' Ott. �� — Pf/3-a?dim-ots Legal description of area to be conveyed, yacagel",.or encroaclij 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): ` 5 S a • 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): II JJ Asking price — Deductions = Value of Property: LT C Offer Price for Entire Area: (/ C-6 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 CotmciL 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 7477z,,107/ .p icant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 65 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 to be vacated and generally described as (address or general location): , 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/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). W / vish to purchase from the City the entire portion of the right-of-way that adjoins nuCIP property Tom:_ x We/I do not wish to purchase from e City any portion o right-of-wa ( and datebelow and leave items 1-3 blank). ( i - /-,� �7 1 yam-e . s.e0/( �'�w re of adjacent property owner Date ill' Address Phone '/ -- �`3 0--v� `1/- Cie 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): 4 Q C • 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 speci attention to spelling as these names will be verified and transposed as submitted onto the deg e84/7/70 (� afrA- coral n /7/u% (4 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,j/joint tenancy with full rightss of survivorship, or as individual ownership.) ,7 /7�f,7 /M — l"la 0-71— Page 66 Vacate alley behind 624 Adams Street Looking south at 624 Adams Street. Looking southwest at the vacant land owned by the applicant on the south side of the alley. Looking west down the alley at the proposed vacate area. Page 67 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 Building & Grounds Committee Communication Building & Grounds Meeting: Se tember 1 Prepared: September 14, 2011 Dept. Head Signature: Noel Andersotr' # of Attachments: SUBJECT: Request by Sean Duggan to purchase a 24'x 24' (576 SF) detached garage from 910 West Shaulis Road in the amount of $500.00, which was acquired as a part of the Shaulis Road Extension Project. Submitted by: Noel Anderson, Community Planning & Development Director Recommended Finance Committee Action: Approval Summary Statement: The applicant is requesting to purchase a 24'x 24' (576 SF) detached garage that is located at 910 West Shaulis Road. The City has recently acquired the garage, as well as land from Grady Farms Dairy, Inc. in relation to the Shaulis Road Extension/Ansborough Avenue Improvements project. The applicant has noted that they would dismantle the structure and move it to their property, where they will reconstruct it. In discussion with the Iowa Department of Transportation Right of Way Department, they noted that any purchase price received from the garage would either have to go back into this project budget, or put into another federally funded roadway project, such as the Highway 63 reconstruction project. The money itself from the sale of the garage would not be going directly into the City's budget. Mr. Duggan has offered to pay $500.00 for the detached garage and relocate it himself. Staff believes the amount of money and work that he proposes to do seems fair. Allowing the sale of the garage will save on additional project demolition costs for the removal of the garage. Mr. Duggan has noted that once approval is received for the sale of the garage, he is ready to move it right away, as he wants to have the garage placed upon his property and reconstructed before cold weather arrives. Expenditure Required: None Source of Funds: N/A Policy Issue: Property Management CITY WEBSITE: www.ci.waterbo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: Background Information: The extension of West Shaulis Road and the reconstruction of Ansborough Avenue have been in the Metropolitan Planning Organization's Long Range Transportation Goals for nearly 30 years. Removal of this garage will allow for the project to continue moving closer to commencement in the Spring of 2012. ta:NA cc: Aric Schroeder, City Planner Eric Thorson, City Engineer Jeff Bales, Associate Engineering Michelle Weidner, Finance Pauline Closson, Administrative Assistant --file-- IRRLLY PIPPRRISRL. LLC DETACHED GARAGE Page 16 of 58 Printable Map Output Page 1 of 1 Legend (.I.CWO hospital airport ',adapt podia_ parks wprPy aS Railroads Townships ,.• e.CBaS Waar pattals RlpMso1Wsy row.rotap �/ City Shwa aallreae dm .roam. roaaam waar,wm parc.Idim roaewam._ Meal PM1dc. Black Hark Co. Black Hawk County, lowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditory@co.black-hawk.ia.us.orq Black Hawk County, Iowa Map Disclaimer: This map does not represent a survey. No liability is assumed .rthe accuracy of the data delineated herein, either expressed or implied by Black wk County, the Black Hawk County Assessor or their employees. This map is compiled fr m official records, including plats, surveys, recorded deeds, and contracts, and only cr tains nformation required for local government purposes. See the recorded doc ents for more detailed legal information. 7#441 http://www2. co.black-hawk.ia.us/servlet/com. esri.esrimap.Esrimap?ServiceName=bhov&... 9/16/2011 To Whom It May Concern, My name is Sean Duggan. I am 42 years old, I am married to my wife Kristen, and have 8 children. I am a lifelong resident of Black Hawk County and plan to remain here indefinitely. I am writing this letter today to offer a proposal of $500.00 to purchase a structure (garage) that is located at 910 W. Shaulis Road Waterloo, Iowa. It is my understanding that this property will be under construction for an extension of W. Shaulis Rd. I am unfamiliar with the protocol required to purchase a city -owned structure, but wish to disassemble and remove the garage prior to the scheduled construction of that area. I appreciate your consideration and look forward to a written or telephone response. I can be contacted at seanduggan8@yahoo.com or (319)269-7100. Thank you, Sean Duggan