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HomeMy WebLinkAbout1992-09-01 Resolution ~. .:),"\ RESOLUTION NO. 92-240 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: The Highlander - 2525 N. nodge Street It was moved by Horowitz and seconded by Ambrisco as read be adopted, and upon roll call there were: that the Resolution AYES: NAYS: ABSENT: x ,- -.1L ~ X X- X- Ambrisco Courtney Horowitz Kubby Larson McDonald . Novick Passed and approved this 1st day of September , 19~. A MAYO~ ATTEST: ~~A() .j/ -4A.J CIT CLERK Id,ncoprm,ros fl']!-2> 18~3 .. I 'I , ! 0" OJ , ' , , ': \ ~, \ ;\~ , , . 'I I , I rN<tl RESOLUTION NO. 92-24] RESOLUTION AUTHORIZING THE MA YOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND HILLS BANK & TRUST COMPANY FOR PROPERTY LOCATED AT 730 EAST COLLEGE STREET. WHEREAS, the City of Iowa City is the owner and holder of a Rental Rehabilitation Lien in the amount of $14,000.00 executed by the owner, Danelle Loupee, and recorded on September 19, 1991, in Book 1280, pages 303-307 in the Johnson County Recorder's Office covering the following-described real estate: Beginning at the southeast corner of Lot 8 in Block 21 of Iowa City, Iowa, according to the recorded plat thereof, thence North 90 feet along the East line of said Lot 8, thence West 41 feet, thence South 90 feet to the North line of College Street, thence East 41 feet to the Point of Beginning, WHEREAS, the balance of said lien is currently $12,600 under the terms of the Rental Rehabilitation Lien: and , " WHEREAS, Hills Bank & Trust Company, Johnson County, Iowa proposes to loan the sum of $17,875.00 on a promissory note to be executed by the owner of 730 East College Street securing a mortgage covering the real estate described above; and WHEREAS, Hills Bank & Trust Company has requested that the City execute the attached subordination agreement, thereby making the City's Rental Rehabilitation Lien subordinate to the lien of said mortgage made by Hiils Bank & Trust Company; and ',1. WHEREAS, there is sufficient value In the above-described real estate to secure said rental rehabilitation lien as a subordinate lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to execute and the City Clerk to attest the attached subordination agreement between the City of Iowa City and Hilis Bank & Trust Company of Iowa City, Johnson County, Iowa. It was moved by Horowi tz and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x X -X-- -X-- -X- -X....- X Ambrisco Courtney Horowitz Kubby Larson McDonald Novick 18~~ ...-...... .,~...,.~..--.-._...._-... '"""""iI " ~ r.... ~. Resolution No. 92-241 Page 2 Passed and approved this 1st day of September ,1992. ATTEST: ~ .J!. ~ CI CLERK ~ Approved by ~o City Attorney's Office ppdreheb\703ec!lg,rel :leT'----- &f;n/ 'i.9.. /ilJ'I f i ! 1 i I I I - ... T ~ .... "1 :- , , ;. ~- .1; ij I , I , ' SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Hills Bank and Trust Company of Hills ~ Iowa herein the Flnanclallnstllution. WHEREAS, the City Is the owner and holder of a certain rehabilitation loan which at this time Is In the amount of $ 12.,(000 and was executed by {}qn ~ rtL Lo" P ~ ~ (herein the Owner), dated Slst/qo I- '4/>/qf> . 19-, recorded Sepl. 1"1 , 19jL, In Book I~~ . Page ~ Johnson County Recorder's Office, covering the following-described real property: . . Commencing at the southeast corner of Lot 8 in Block 21 in Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa; thence North along the East line of said Lot, 90 feet; thence West 41 feet; thence South 90 feet to the North line of College Street; thence East 41 feet to the place of beginning. WHEREAS, the Financial Institution proposes to loan the sum of $ 11,875.00 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it Is necessary that the rehabilitation loan held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. ' . NOW, THEREFORE, In consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted rehabllilatlon loan held by lhe City Is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act . of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution Is hereby acknowiedged as a lien superior to the rehabilitation loan of the City. /81./1 _.............iillIiiiilIIIII~~II'lo~..I.....M. _..""".'....-r......'.._.w_~._.__.._.....,-~--,...- , I , ~. '. SUBORDINATION AGREEMENT Page 2 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this / sl day of s"pt. M b,~ . 19 c;a.. . By' ;;+TION Steve Gordon, 2nd Vice President ~~X~J' William A, Stewart, 2nd Vice President Mayor B Attest: lh/1"~A;) -I!. -!dw ~ Approved By iT/..-- City Attorney's Off e8/J.7!1d- CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) )SS: JOHNSON COUNTY ) 51- . On this / day of ~p^"bn' . 199~ beiore me, the undersigned, a Notary Public In and for the State of Iowa, personally appeared ~g~~~~e~.~r .''':' and Marian K, Karr, to rne personaliy known, and, who, being by me duly sworn, cliO say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing Instrument [s the corporate seal of the corporation, and that the Instrument was signed and sealed on behalf of the corporation, by authority of Its City Council, as contained In (Grdlflafle&) (Resolution) No. qa- 8'-1, passed (the Resolution adopted) by the City Council, under Roll Call No. ~- of the City Council on the / Sf- day of s.p-+~",Jy~ . 19 '1~ . and that . ~~r~~e G., .... and Marian K. Karr acknowledged the execution of the Instrument to be their vo unfary lct and deed and the voluntary act and deed of the corporaUon, by It voluntarily executed. ~c:..A. 'FlW"b Notary Public In and for the State of Iowa STATE OF IOWA JOHNSON COUNTY ) ) SS: ) On this 10th day of und(lrslgned, a Notary steve Gordon August . A.D. 19 92 , before me, the Public In and for the State of Iowa, personally appeared and William A. stewart , to me personally known, who 'jf9L/ : ~, i ,'I,. , ,., SUBORDINATION AGREEMENT Page 3 being by me duly sworn, did say that they are the Second Vice President and Second Vice President . respectively, of ~ald corporation executing the within and foregoing Instrument to which this Is attached, that said Instrument was signed and sealed on behalf of said corporation by authority of Its Board of Directors; and that the said steve Gordon and William A. Stelqart as such officers acknowledged the execution of said Instrument to be the voluntary act and deed of said corporation, by It and by them voluntarily executed. Public in and for the State of Iowa . n\tlibl~riln.agm ...,,' ,'" /8'1~ .-....-_.-.-.,'..~...... #......_~-",..,-- .....__~~_.._...._.........._..__.___~ ...a.....w/lll.,"'T~. ! IklMoMifMIIlllOftflll . "1 1 , ' , i i ; i l. '; 1 ; I , I 1 , I I I I I i " ~, "\ 1\ \ (')- \ ~l " ( .,. -'I -, , ' m-l-a, RESOLUTION NO. 9?-?4? RESOLUTION AUTHORIZING THE MA YOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE EXECUTED FOR PROPERTY LOCATED AT 431 S. DODGE STREET. WHEREAS, on April 22, 1985, the owners of the property located at 431 S. Dodge Street executed a promissory note to the City of Iowa City in the amount of $17,500 for value received by way of housing rehabilitation assistance; and WHEREAS, said promissory note created a lien against subject property; and WHEREAS, as of April 22, 1992, the full amount of said note, namely $ 17,500, has been forgiven under the terms of the promissory note. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien to be recorded in the Johnson County Recorder's Office whereby the City does release the property located at 431 S. Dodge Street from the property owner's obligation to pay the City the principal amount of $17,500, which obligation was recorded in Book 763, Pages 222 & 223 of the Johnson County Recorder's Office, :,! . '1 :{ It was moved by Horowit 7. and seconded by adopted, and upon roll call there were: Ambrisco the Resolution be AYES: NAYS: ABSENT: " -..X..- -X...- ....L- ....L- X X X- Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this 1st day of se~te ber .' _ ,1992, A4~~ MAYOR Approved by ATTEST:~~ ~ -=-%AM' CIT CLERK :B/Tl-- f/;J?h~ ppdcdbg\431dodlllU0I . ~,.,. ' Ift/S ' ~. RELEASE OF LIEN Date: September 1, 1992 The City of Iowa City does hereby release the following-described property: The north fifty (50) feet of Lot 6 in Block 7 in Lyon's Second Addition to Iowa City, Iowa, according to the recorded plat thereof from an obligation of the property located at 431 South Dodge Street to the City of Iowa City, Iowa, in the principal amount of $17,500,00 represented by a Promissory Note recorded in the Office of the Johnson County Recorder on April 26, 1985, in Book 763, pages 222 and 223. This obligation has been forgiven under the terms of the promissory note, and the lien is hereby released. CITY OF IOWA CITY B"~ Mayor Attest: ,~~ .f. ~ City lerk STATE OF IOWA ) ) SS: JOHNSON COUNTY) On this {sL day of Spp+e",h~~ , 19~, before me, SlInd,.u ~.,.\- , a Notary Public in and for the State of Iowa, personally appeared Darrel G. Courtney and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (GrdinRncll1, (Resolution) No. 9~-:J.1-;;. passed (the Resolution adopted) by the City Council, under Roll Call No, of the City Council on the { Si- day of ~~b~... , 19~, and that Darrel G. Courtney and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed, ~n~~ Notary Public in and for the State of Iowa pplllehDb\431dodguol ... "I , I , I 1" /g~5., .,'," ~, jfl ,. I 'I , J1~ RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF FURROWS EDGE ACRES SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners, Karl and Leona Buchmayer, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Furrows Edge Acres; and WHEREAS, the proposed subdivision is rocated in Johnson County and within Iowa City's two mile extraterritorial jurisdiction; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary plat and recommended approval of same; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and, after due deliberation, recommended that the plat be accepted and approved subject to a -eO-foot right- . of-way reservation for the extension of Woodland Drive between Fox Lane and Penny Lane, and that the subdivision specification limiting the length of a cul.de-sac street be waived for this development; and WHEREAS, the preliminary plat is found to conform with ail the requirements of the Code of Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the subdivision specification limiting the length of a cui-de-sac street is waived for this development, and that subject to a GO-foot right-of-way reservation for the extension of Woodland Drive between Fox Lane and Penny Lane, the preliminary plat of Furrows Edge Acres Is hereby approved. . "," 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify this resolution, which shall be affixed to the preliminary plat after passage and approval by law, It was moved by and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this day of ,1992. ,grog ~, ?)\. City of Iowa City MEMORANDUM Date: August 14, 1992 To: Pianning & Zoning Commission Melody Rockwell,~iate Planner From: Re: SUB92-0012. Furrows Edge Acres. At its August 3, 1992, informal meeting, the Commission indicated its inclination to vote favorably for tho IS-lot subdivision requested by Karl and Leona Buchmayer, if direct access to Highway 1 from Lots 1 and 2 were eliminated. A revised preliminary plat has been submitted in response to the Commission's discussion. This plat shows a cul-de-sec serving Lots 1 and 2 on the east from Penny Lane. Notes on the plat indicate that Lots 1 and 2 shall not have direct vehicular access onto Highway 1, . The staff position remains the same concerning the proposed subdivision design. To minimize conflict points on Highway 1 with its high volume conditions, the staff advocates that a cui- de-sac be constructed at the west terminus of Penny Lane. The proposed redesign would force traffic from 10 to 12 additional households to use Fox Lane, a substandard road, to access Highway 1. At some point, as more development occurs east of Fox Lane, it is expected this County Road will need to be upgraded, The subdivision design, when approved, will have long-term consequences on development in the area, and should not be constrained by the County's current deferred road maintenance policy. Attachments: 1. Letter waiving 45-day limitation period to August 20, 1992, Accomoaniment: 1. Preliminary Pial. L Approved by: K in Franklin, Director partment of Planning and Community Development nl\luffOWI Ir~,. __.._.__....._.... ~M~_~~1$Or1 - .--- 1iIiIliiII_ , , ~ it. " i " 1 :i .' , :~ :j n ~ ~ ~ 1 ~ , f I I I I , "I Ji;': I W i hif: 11 1-1 II t 0). 'I '", r .' , ~. z'/I" :.Ij l,H;. ',I III I"l) II : 1,' ,I - ,I ,j, ;,1'1"'; 1!~ll I I :;~ n" f ... 1 HII.. I i" ~ + :1"11,,1'!iH1l1j'j!llq!,! I 'gill!!!!!!:!!! , ['I!I,i'II: "' 11'11" m'" 1';"11'1 C!ol'::I'I!U,II:!;'i,'jl I. : llil Ii -.1.: 'Ill Cf) j::::! 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Furrows Edge Acres Preliminary Plat At the July 16, 1992, Planning and Zoning Commission meeting, staff was requested to research the number of existing residential lots as well as the potential number of residential lots, which wouid use Fox Lane to gain access to Highway' 1. I reviewed plat maps and topographical maps as well as aerial photographs of the area to ascertain the fOllowing information: 25 Existing 29 Existing + Buchmayer's as proposed or with Fox Lane closed. 39 Existing + Buchmayer's if Penny Lane ends in a cul-de-sac, 62 Existing + Buchmayer's as proposed or with Fox Lane closed, and with 100 acres at the east end of Fox Lane fuliy developed in three-acre lots. 72 EXisting + Buchmayer's if Penny Lane ends in a cul-de-sac, plus 100 acres to the east fully developed in three-acre lots. 'Existing = The existing residential lots include eleven (11) in Woodland Hills, Part I, twelve (12) in Woodland Hills, Part II, and two (2) separate acreages, *B chma er's as ro ose or wi h Fox Lane cl ed at its west erminus = Four (4) lots within the proposed subdivision with direct access to Fox Lane, ten (10) lots with direct access to Penny Lane, and two (2) lots with direct access to Highway 1. *Buchmaver's if Pennv Lane ends in a cul-de-sac at its west terminus = Fourteen (14) lots within the proposed subdivision with the only access to Highway 1 being via Fox Lane, and two (2) lots with direct access to Highway 1, 'lQQ undevelooed acres to the east = If Fox Lane were extended east, It appears there are approximately 20 acres to the north (Frees property) and potentially 80 acres to the south (Schintler property), which, if developed, would probably access Highway 1 via Fox Lane, The topography of steep, wooded ravines and waterways appear to be barriers to development further to the east being able to access Fox Lane. The eXisting subdivisions to the north and south as well as the topography In both areas and on the east appear to /~{'8 _.__._....._____...._~._ _IoIil'l__----"'jj''''''' -~_____1 _..__...._".~-_...- --_liel!ll." - . 'i ., , " ,...,......;. ~, 2 severely limit the possibility of secondary access road connections to Dingleberry Road, Rapid Creek Road, or Highway 1. A plat map and an annotated aerial photograph are enclosed to use as references for your discussion on development in the Fox Lane area. Ene. bj\.ub0012 1~ft8 ......~.........."~.-.rn-~:.. ----.--. . !lJj - ---iiiii.----_ i , i 1 ! I I i I I 1 ~ I I , j I I . , , i I , I I , I 1 .. 'I ., , ! . i. ' ....;:.,.. -.. PLAT MAP FOR FOX LANE AREA " , I::,' ~~~~'-: :~ ,", : 7\l' ,Ii :r, D , 0 ., ~.~ n.. -b- (, , , 1 0 tf'l N. ~ 1..- -J"'- 'Il> ....1ua ~ . J,.j" ~ CC\ .c;..;"" I,~ '1..1' :'...f.'Titl, 47.11 DiI>~1 . :,.;~'q.. 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", : .~. .~::,. .~:":':". .. J ..,... .;, I. IIIJ , . ,..,,'.J " ~ , . .... ....- I, ,'. ,.. . '""':'. \'to ' . l' ., ... ,;' :a" , ';1.Ilt, t .:t' . ,,. '~~ Jl .,," ,.Il! ....:,~()_,""'t\",. ," /1. ':1'8 " .. ~ '....tt.... .,'. I ..1 .i.. ~i!'/--:- '.~' J'I"", . . - , ."'~'~"..:;'t.:;,.j-:' '. l";,,f&.~~.o=~ t'~ ;;: . ' II \.;", t. 1;";1 ,', J""" (Ii' 1~".\1' . f'rl, .,,~:I{. ;q' . . ., '~. .:: ,.':'l.' '., "~' i;t"""'~::JI ' .( ~r~'~; , r to. ". . ,.t... - . · d~~ '.'" /o~:, i'i'-' , .,' J ' '~"'i /if. I ~ ?' , ./ ,./ " .1. _ .t III h.' :i';~; .. 'J.':'." ). , .", , ". -n.. '~.'" t 'I " - . , ' .. 4 _!~ . '.. """ .~"'J: "".'~ "~t.<Jl . ~ .of' _ _~ .;tJ-;J'" ,. .~ - .~\. .7.: I . ~ { J. ',. t::. .'.., ..~ g ....:~J:.If.. .... J ~ . " ., '1 I , ~. Johnson County Council of Governments 410 E. v:AJshingtCll 51. Iavvo City./ov\IJ 52240 Date: July 16, 1992 To: Melody Rockwell, City of Iowa City Urban Planning Division From: Jeff Davidson, Transportation Planner ~I Re: Furrows Edge Acres - Access to State Highway 1 At your request I have discussed with Doug Frederick, County Engineer, the Iowa City Planning & Zoning Commission's comments regarding access onto Highway 1 for this proposed subdivision. Doug does not oppose a design which would cul-de-sac Fox Laneat the highway, with access to Fox Lane provided by an access easement over Penny Lane. Doug stated the County's policy is not to have access to a publicstreet provided via a private street. However, he feels an agreement could be worked out in this situation because Fox Lane is not a significant street in the County system. Doug indicated he has encouraged the establishment of. Fox Lane as a private drive, but this has not been acceptable to the private developer. Doug does not favor a design which would keep the Fox Lane access to Highway 1 open, with Penny Lane established as a cul.de.sac off of Fox Lane. Doug feels Fox Lane is geometrically substandard enough that he does not want to add any additional traffic to it. This concern might be nullified if Fox Lane were disposed of by the County and established as a private drive. Although Iowa DOT has indicated sight distance to Highway 1 is adequate at either the Fox Lane or proposed Penny Lane locations, Doug favors the Penny Lane location. It is possible for a private entity to improve a County road, but Doug feels in the case of Fox Lane the private entity would be better off acquiring the street. Doug indicated that I accurately represented to you the County's position regarding any improvement to Fox Lane. When determining how County road funds will be spent, the Board of Supervisors considers improvements to a half.mile long dead-end street to be low priority. Let me know if you have any questions regarding this matter, iccoglp\hwvlacc.mmo / ~(P8 ""'" ~, STAFF REPORT To: Planning & Zoning Commission Item: SUB92-0012. Furrows Edge Acres Prepared by: Melody Rockwell Date: July 2, 1992 GENERAL INFORMATION: Applicant: Karl and Leona Buchmayer 2590 Buchmayer Bend Iowa City, IA 52240 Phone: 351-9253 Requested action: Preliminary subdivision plat approval. To establish a 16-lot residential subdivi- sion. Purpose: Location: North of Iowa City In Fringe Area 4; easl of Highway 1 NE and north of Fox Lane NE In Newport Township. Size: 67.3 acres. Existing land use and zoning: Agricuitural; RS.3 - 67.3 acres. Fringe Area: Area 4, east of Highway 1. Provisions of the Iowa City Subdivision Regulations, Storm Water Management Ordinance, Fringe Area Policy Agree- ment, Johnson County Board of Health Rules and Regulations Governing On- Site Wastewater Treatment and Disposal Systems, 19a9, and City Rural Design Standards. Applicable RegUlations: File dale: May 15, 1992. Waived to July 2, 1992. 45-day limitation period: SPECIAL INFORMATION: Public utilities: Public uliliUes are not presently available to this area, Two private, common wells drilied down to the Silurian Aquifer and a private water distribution system ap- proved by the Johnson County Heaith Department are to be established. Sew- age disposal will be provided by Individu- al, double-tank septic systems, Utility /g{g'd ....,..-,-~......,_..,...,...--.., .. 'I , I , ' i i ( " '., . "'1 1 , ~. 2 easements have been designated along all rights-of-way for gas, electricity, tele- phone, cablevlslon, sanitary sewers, water mains and storm sewer drainage, Public services: Police protection is provided by Johnson County with fire protection provided by the Solon Fire Department. Sanilatlon service will be provided privately. Transportation: The site is accessible from Fox Lane NE, an existing two-lane county road, and from Highway 1 NE. Physical Characteristics: There Is a high grassy ridge along the east boundary of the site, which Is sepa- rated from the roiling hills on the western portion of the site by a wooded ravine. BACKGROUND: On January 9, 1992, the Planning and Zoning Commission reviewed the Buchmayers' request to rezone from A-1 to RS.3 approximately 64.5 acres located Immediately east of Highway 1 In Fringe Area 4. The Commission voiced concerns about a) Increasing access points on Highway 1, b) adding more traffic to Fox Lane, which the Johnson County Engineer has described as a narrow, hilly road with sight distance problems, and c) protecting the steep, wooded ravine located on the site. The Commission concluded that a rezoning of the property from A-1, Rural, to RS-3, Suburban Residential, would not meet the Fringe Area 4 standards for residential development, and voted 6-0 to deny the requested rezoning. On January 21, 1992, the City Council concurred with the Planning and Zoning Commission, and by a vote of 6-1 , recommended that the rezoning be denied. On January 16, 1992, the Board of Supervisors approved the rezoning by a vote of 3-1. Because zoning regulation In the Fringe Areas remains under the authority of the Johnson County Board of Supervisors, the rezoning was approved through the Board's action. Karl and Leona Buchmayer are now requesting preliminary plat approval of Furrows Edge Acres, a 16-lot, 67.3 acre residential subdivision. [The 2.8 acre discrepancy between the 64.5 acres rezoned and the 67.3 acres of the requested subdivision Is due to the 2.8 acres of Highway 1 right-of-way Included as part of the preliminary plat for Furrows Edge Acres.] ANALYSIS: The proposed SUbdivision lies within Fringe Area 4 Immediately east of Highway 1 and north of Fox Lane. The preliminary plat indicates three access points from the subdivision to Highway 1: an existing County road, Fox Lane; a proposed road, Penny Lane, and a common access easement for Lots 1 and 2. A connecting roadway between Fox Lane and Penny Lane Is noted on the plat as a reservation to be dedicated upon annexation to the City of Iowa City. The wooded ravines are Indicated generally on the plat. A dotted overlay depicts the areas of the site containing slopes of 20% or more. A pond and stormwater basin are shown In the southeast area of the tract. Because this subdivision is designed such that a new street Is to be constructed, namely Penny Lane, the City Rural Design Standards require that telephone and electric utilities /~(Pg _..._.......~,_..~____"..i~"I"'. - ....... 10___.._.--..- ......- ---'JIII1"'~ ...... ...... . -" 3 within the development be placed underground, Preliminary stormwater calculations have been submitted and approved by the City Public Works Department. Forty acres of the subject tract apparently have not been deeded properly. These 40 acres are still shown as held by Joseph and Neva Buchmayer, parenls of the applicant, Kari Buchmayer. This discrepancy must be resolved prior to final plat approval. Fringe Area Policy Agreement According to the Fringe Area Policy Agreement, subdivision regulation of property within the two- mile extraterritorial area of Iowa City comes under the City's authority. The policy for Fringe Area 4, where the proposed subdivision is located, states that a limited amount of residential development will be permitted on properties east of Highway 1. Agrlcuitural use Is the preferred use on any of those properties which do not meet the following standards: 1. The development will not require construction or reconstruction of a public road by the City or the County. 2. The proposed development will not have a negative Impact on surrounding properties. Fox Lane. The proposed subdivision shows three access points from the development to Fox Lane, a hiliy, two-lane gravel County road. The 011 and chip surface has been paid for by residents of the Woodland Hills Subdivision located south of Fox Lane. According to the County Engineer, Fox Lane Is a road with poor grading and sight distances. Because of its proximity to the crest of the hill east on Fox Lane, the common access easement for Lots 13 and 14 onto Fox Lane has been relocated to obtain adequate sight distances, In accordance with the attached June 16, 1992, correspondence from the Johnson County Engineer. Permitting access from four lots (Lots 13-16) of the Furrows Edge Acres subdivision should not create sufficient additional traffic to require reconstruction of Fox Lane by the City or by the County In the future. Because the majority of traffic from the subdivision Is expected to access Highway 1 via Penny Lane, and because the access points onto Fox Lane have sufficient slghl distance, only a very minimal negative Impact on surrounding properties may occur, In terms of adding to the safety problems already associated with the road. HIQhwav 1. Public safety concerns Indicate that access to a two-lane roadway with Average Daily Traffic (ADT) of 5,600 should be carefully controlled, and whenever possible, eliminated. This Is the case with Highway 1 In the vicinity of the proposed subdivision. The Iowa Department 01 Transportation has advised area transportation offlciais, that aithough an ADT of 5,600 wouid have formerly warranted the developmenl of a four-lane highway, lOOT has no plans to widen Highway 1 Immediately north of Iowa City. This Is due to the alternate north-south routes (1-380, 965) available wilhln this area. To preserve as much capacity as possible on Highway 1, access should be reslrlcled to Intersecting major streets to the degree possible. Direct Access: Lots 1 and 2. Staff would prefer that direct access from LoIs 1 and 2 to Highway 1 not be permllled. However, the steep slopes located between Lots 2 and 3 create a barrier to constructing a road connecting Lots 1 and 2 with Penny Lane anywhere except along the west 1~G1~ l.lO.. "r,..,_II'J.l>_1 ~.. .._-_._.......--.,_..._".._..~-" ..--. _ _ _.___._'.....M~...._...."'..,.I-OI_.... _ . _____...__ - ~ . " I . , . ,. I .1 , <.. 4 boundary of the property paralleling Highway 1. According to the City Public Works Departmenl, a frontage road along Highway 1 would be less safe than the proposed direct access from two large rural subdivision lots, This is due to the confusion caused by headlights on an adjacent, parallel route for people traveling Highway 1 at night. I Penny Lane Cul.de-sac. The Information cn sight dlslances for the proposed access points to Highway 1 Indicates (See Allachment2, IDOT Correspondence) that, by realigning Penny Lane 75 feet south of Its original location on the preliminary plat, all three locations of access to Highway 1 for the proposed subdivision (Fox Lane, Penny Lane and the common access for Lots 1 and 2) meet or exceed the desirable sight distance criteria established by lOOT. The desirable sight distance Is 725 feet for a 55 mph speed zone and the minimum sight dislance Is 550 feet. The proposed access points should not pose a safety problem In terms of sight distances. The sight distances at the Fox Lane intersection with Highway 1 are well above the desirable levels [1,000+ feet to the south and 875 feet to the ncrth]. The Fox Lane access to Highway 1 is preferable to the realigned Penny Lane access location, which Just meets the desirable sight dislance level 1725 feet] to the south, and exceeds it by only 75 feet [800 feet] to the north. To minimize confl/ct points on a roadway with high volume conditions, the Commission may wish to consider a redesign of the subdivision which eliminates one access point from this development to Highway 1, This could be accompllshod by constructing a cul-de-sac at the west terminus of Penny Lane. The traffic generated by Lots 3 through 12 could then access Highway 1 via Fox Lane, using the connecting road between Penny Lane and Fox Lane. This would restrict traffic generated by 14 of the 16 lots of Furrows Edge Acres to the Fox Lane access to Highway 1. If direct access from Penny Lane to Highway 1 were closed off through the construction of a cul- de-sac, the resultant cul-de-sac street lengths would exceed the gOO-foot limit set by City Ordinance. It Is approximately 1,450 feet from Fox Lane to the east Penny Lane cul-de-sac, and would be approximately 1,100 feet from Fox Lane to the proposed west Penny Lane cul-de.sac. The length of Penny Lane from Highway 1 to the east cui-de-sac, as the subdivision Is currently designed, Is approximately 1,200 feet. Given the low density for the development, however, these cul-de.sac street lengths should not pose a problem. The proposed redesign would force traffic from ten additional households to use Fox Lane, a substandard road, to access Highway 1. It should be stressed that the City's concerns are based on an evaluation of what would be optimal for residential development In the area, both now and In the future; of looking beyond short-term solutions. At some point, as more development occurs east of Fox Lane, It Is expected this County road will need to be upgraded. It Is staff's view that decisions concerning the design of developments should be made with the standard of public safety held as paramount. 3. Conflicts between residential development and existing farm uses should be minimized. The AS.3 zoning of the sUbJect tract requires a minimum of three acres per lot. This standard, the siting of the residential bUilding sites away from the boundaries of the property adjacent to agricultural uses, and the wooded ravines, which serve as a natural buffer for many of the lois, should diminish potential conflicts between lhe propcsed residential uses and existing farm uses. Ig(q~. . - . .. ~ ..... ,. '1 I , ~, 5 4. The development should allow for the protection of natural areas such as steep slopes, wetlands and forested areas. The fourth standard requires the development to protect natural areas, such as steep slopes, wetlands, and forested areas. Development within the heavily wooded ravines on this tract should be avoided to prevent erosion and ailow for the preservation of trees and natural drainage patterns. Slopes of 20% or more have been depicted on the preliminary plat with a dotted overlay. A note on the plat slates that house and absorption field construction shall be prohibited on side slopes of 20% or greater. This should preclude the development of septic drainage fields as weil as residential structures within the immediate vicinity of the wooded ravines. Thus, the plat, as proposed, appears to meet the standard protecting natural areas. Except for the Issue concerning limiting aCCess to Highway 1, the proposed preliminary plat for Furrows Edge Acres appears overali to meet the four standards for permitting limited residential development In this area of Fringe Area 4. STAFF RECOMMENDATION: Staff recommends that the preliminary plat for Furrows Edge Acres be approved, but encourages that accommodations be made In the preliminary plat design to decrease the number of access points from tho development to Highway 1. Approval of the plat acknowledges that the subdivision specification limiting the length of a cul.de.sac street to 900 feet is waived for this development. ATTACHMENTS: 1. Location Map. 2, June 15, 1992, lOOT Correspondence. 3. June 16, 1992, Correspondence from Johnson County Engineer. 4. Request for Expedited Consideration. 5. Waiver of 45-day limitation period to July 2, 1992. ACCOMPANIMENT: 1. Preliminary Plat. Approved by: ~ ttfuv Monica Moen, Senior Planner Department of Planning and Community Development sb920012.mr /8 "g ._...._._.,.,~.._...._.._..J;H-'-ff.,..\I't.._.~..1I11ial1i-'.....................--.;------...- 1'\t,!t....'....' ~1~Ii1]'Ilt--. 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',::1' ~ ;,1' ~ IJ1,/;..I' 'I \. \r 'I" '. \~ I' ~'. . ,J 1,\. ,_ '. =1, '-.<1 \, ' , " I ,,-,,-""'::'~" ';'n;' ',' iA ' . 1'= -' '--"-'111 .ID'N ~~"'...-;-. j.~-=o. 'fJv"I~ l "'[".' . \.~, . ,,' '" I. - I . .', I I ^ ~ " '\ -I ., . ~_; - " 1\' \, '... '._..J_, '-+H '. r I ':: :/$~ rl\c-: '. '-:;!})\.'.. ; )', l' ~'.!Ji ! '>, -r;--r-.f. ,/' ---;:'~j~" i ~~!.. r'f. ,"" 'I"; -~- :'~:-:1: _..-J'" " --4/.. J l ~ ',::' f-~:\'~ /I ! .I~~I ;II~ -I~).; ,l =.~:~,~:;,:c~:~..v .:: ... III II ~'11,; , 'I ~ ,... -, . II . . , "- - !: I: ,. " '." ~ I. ....... -: I, : II. LINE OF JURISDICTION. .. . ."..1 I. ~ tI". .1 , I' · . IN ,0 '. '. I :'1' 'I,'" - .- tI' ,:Y\.:>/" "'~-~I '- _.~ - -: FOR ANNEXAT 0 'J~" f& -, ... I'; . ,; --I I I , .. _ j ........ ' _ .." "I" : _I. ~ !"l t " " .~ 1, . . , , f .... 1.1 I, ~ ~ '1....._. ,_,,____ ' - .", ..;, ,..' . 'I I , , -, SUB92-0012 Furrows Edge Acres Preliminary Plat " i I' I -_.. "._-,...,....., _.......111.._ I I : ! I I ~OAmrm CM~ I SI),lnl!_lI OJI~II. swnt.UI QIJ'~ll. I ue 1"I~'S 'i' . I I , 1 ,<6 fo~ · -~_.._._-_.._-_..__._.- -- ._--~-."'_.-.-_. ......-_,....-... l.t!al-- J ---'- ~, . . . ~'6lowa Department of Transportation ~~ . P.O. Box 427, Iowa City, Iowa, 52244 Telephone # 319-351~8818 Date: June 15, 1992 Ref. No. 472 Johnson County ,MMS Consultants Attention:' Robert Mickelson 1917 South Gilbert St. Iowa City, Iowa 52240 Dear Mr. Mickelson, Please find enclosed copy of the Iowa Department of Transportation policy for access to primary highways. As you can see the desirable sight distance is 725 feet for a 55 mph speed zone and the minimum sight 'distance is 550 feet. . Sight distances to the proposed Furrows Edge Acres subdivision adjacent to Iowa 1 areas follows: 1. N.E. Fox Lane- 1000+ ft. south and 875+ ft. north 2. Originally proposed Penny Lane at highway station 190+03- 650 ft. south and 800+ north. R~vised proposed Penny Lane at highway station 189+28 - 725+ ft. south and 800+ ft. north. 3, Proposed access between lots 1 and 2 at highway station 197+24- 800+ ft. south and 1000+ ft. north. If the location of Penny Lane is shifted 75 ft. south from its original location of highway station 190+03 to highway station 189+28 all locations of access to the proposed subdivision will meet or exceed the desirable sight distance criteria covered in our policy, If you wish or are required to change the location of any of the locations of the accesses to the proposed subdivision, please return the original access permit applications to this office for revision. J If,g -~_._.__. ~--,~~ .. ~N____'_"__""_ .-- --_. '~"\-1 'I " , , t' J ! \ , i j i I , ; I I I I i ...,. ~, ill ~ " . - - . Sincerely I f~ H. j)Ji-:- Peter H. Dallman Maintenance Operations Assistant Iowa City Maintenance PHD:phd J , . 'I ;'1 , ' ", I I I I I I i I ! i , , I I I i I ! ! I i i I .1 I ," ' /(j ~ '8) ',"""-~'....,-,,,,...-,....,..., ~, .:-- , ASSISTANT ~1A1NTENANCE SUPERINTENDENT Kevin Hackathorn JOIlNSON COUNTY ENGINEER Douglas P. Frederick, P.E., P.L.S. ~ - :0..--" MAINTENANCE SUPERINTENDENT Tom Michel ASSISTANT COUNTY ENGINEER Michael R. Gardner, P.E., L.S.I.T. ROADSIDE VEGETATION ftfANAGER RuncO H. Bennett ASSISTANT TO COUNTY ENGINEER AI,. A, Miller, E.I,T, JOHNSON COUNTY SECONDARY ROAD DEPARTMENT 'I 1 , ' ;1 I' " ;'! I" ~ i: , 4810 MELROSE AVENUE' IOWA CrIT, IOWA 52216 (319) 356-6046 FAX (319) 339-6133 :; :1 June 16, 1992 To whom it may concern: On June 15, 1992, I visited the site of the proposed subdivision Furrows Edge Acres to look at the location for a proposed common drive between lots 13 &14. After checking the location which was marked by MMS consultants, Inc. I advised Bob Mickelson that the proposed drive should be shifted either approximately 280' West to the location of an existingfileld entrance or approximate- ly 200' East to a point across from Woodland Drive. Mr. Mickelson then informed me by phone that the drive would be shifted the 200 feet East to a point across from Woodland Drive. Once the proper permits have been filed with the Johnson County Secondary Road Department we will have no problem approving the loca tion for a common drive for onl v 2 lots. It is my understanding that if and when Iowa city annexes this area the common drive would be changed to a road serving the rest of the addition. This may not be done while Johnson County has jurisdiction over Fox Lane. If there are questions please feel free to contact our office. Sin''''~ Doug~. Fr,d,,"k, P.'. Johnson county Engineer & P.L.S. dpf/w l(j 4ij - ~~...---,......,._.. -.-..-...--.... _._M~L ....... Qj 4.~"""" .. ,i , 1: Ii !i :j I I I 'I 'i ~. BARKER, CRUISE, KENNEDY, HOUGHTON Be FOSTER LAWYERS CHARI..f.:S A. 8ARKER uOHN O. CRUISE MICHAEl. W. KENNEDY JAMES D. HOUGHTON DAVIS L F'OSTER M. REBECCA SEIDL. STEVEN C. ANDERSON 920 S. DUBUQUE STREET_ P.O, BOX 2000 IOWA CITY, IOWA 52244 ARFA COOE 319 TELEPHONE 351.8181 FAX 319.351.0605 June 25, 1992 R~Cl::I"ED Ms. Melody Rockwell Associate Planner City of Iowa city 410 E. Washington street Iowa city, IA 52240 JUt! 2 6 1992 P.P.D. DEPARTMENT Re: Furrows Edge Acres Subdivision Dear Melody: I represent Karl and Leona Buclunayer who are developing a 16 lot subdivision known as Furrows Edge Acres SUbdivision. I have received a copy of the deficiencies and discrepancies noted on the preliminary plat review of Furrows Edge Acres that was sent to Robert Mickelson at MMS Consultants. I believe that Mr. MiCkelson will be able to take care of the deficiencies and discrepancies noted in your letter to him. As far as the 40 acres deeded to the parents'of the applicant, I will take care of this in the near future. I believe that all the problems noted on the preliminary plat should be taken care of in a reasonable amount of time. The County Zoning Department is waiting to act as soon as the City completes their review of the plat. Since the sUbdivi- sion is,only within the extra territorial two mile limit of Iowa City, I would request that the consideration be expedited, If you have any questions or concerns about this,matter, please feel free to contact me. Thank you for your cooperation. JDC/dc cc: Karl and Leona \ltr\2Ia8544.ltr Very truly yours, n~B~ J,'t!!;: Cruise 1/ Buchmayer Y If{fp ~ I . i t I I I , i , I I I I I ~, M MMS CONSULTANTS, INC. M 1917 S. GILBERT ST. · IOWA CITY' IOWA 52240-4363 OFFICE: 319.351.8282 FAX: (319) 351-8476 !!J w ~ ~ U m o Z ~ .J ~ z z z ~ .J ~ ~ Z > w > << J m o z ~ .J ~ Z << w w Z ~ Z w Robort D. Mlckol.on Lany R. SchnIlJ)" Chrl.lophor M. SI.phan GlennO.Mlllanor Dennl. J, Kollol Paul V. Andorson DtllnE.Beranok June 15. 1992 w << J f- U w ~ I U << ~ Melody Rockwell. Assoc. Planner Dept. of Planning & Program Development City of Iowa City, Civic Center 410 E. Washington 51. Iowa City, fA 52240 Re: PrelJmlnary Plat FurrolVS Edge Acres Dear Ms. Rockwell: On behalf of the Developer. we are respectfully requesting that the above referenced application be placed on the July 7, 1992 City Council Agenda. and given expedited consideration. Respectfully submitted: MMS CONSULTANTS. INC. QdO J j :-, ,I., LS. LA, P,E. LS, & P.E, P,E. P,E. LS. 1~~8f ~, M MMS CONSULTANTS, INC. M 1917 S. GILBERT ST. . IOWA CITY' IOWA 5224lJ.4363 OFFICE: 319-351-8282 FAX: (319) 351.8476 !I w [ J ~ U w t I U [ ~ W ~ , ~ j U f 0 1 0 , Z , I ~ I J 1 I "'1 I ~ z I z , z , ~ , J ~ ~ Z ~ w > [ J o o z ~ J ~ Z [ w w Z ~ Z w Robtrt D. Mlck.l"n Larry R, Schnlll)or Ch,I.lophor M, St.phan Glann D. Mellnar Donnl.J,KolI.1 Paul V. Anderson Dean E.Outaook August 6, 1992 Mr. Tom Scott, Chmn. Iowa City Planning and Zoning Commission Civic Center 410 E. Washington Iowa City, IA 52240 Re: SUB 92-0012, Preliminary Plat, Furrows Edge Acres Dear Mr. Scott: On behalf of the subdivider I am granting an extension of the 45-day limitation period to Augusl20, 1992. We want to investigate alternative designs that may not preclude Lots 1 and 2 from the above referenced subdivision. Respectfully, cc: Karl & Leona Buchmayer John Cruise 2957001m.05 '"....,1. LS. L.A, P,E, L.S. & f.E. P.E, P.E. L.S, I Iy~g! .....'1 . . !'.'" "j I I I I I I I I i ~ , , I I , I ~, M MMS CONSULTANTS, INC. M 1917 S. GILBERT ST. · IOWA CITY. IOWA 52240-4363 OFFICE: 319-351-8282 FAX: (319) 351-8476 .!J w [ J ~ U w t I U [ ~ w [ ~ U o o z ~ ~ July 16, 1992 Rob.rt O. Mlck.l.on llIrryA.Schnlll)or Chrf'fophor M. SI.ph.n GI.nn D. Mollnor Cennf,J.Ke".f Paul V. And",on , Dean E. Boranok Mr. Tom Scott, Chmn. Iowa City Planning and Zoning COmmission Civic Center 410 E. Washington Iowa City, IA 52240 Re: SUB 92,0012, Prel1minaIY Plat, Furrows Edge Acres Dear Mr. Scott: On behalf of the subdivider I am granting an extension of the 45-day limitation period to August 6, 1992. Respectfully, MMS CONSULTANTS, INC. u i C5ftitJ, ,I' ~ LarrfR. Schnittjer u z > w > [ J o o z ~ ~ u z [ w w Z U Z w LS. LA. P.E. LS, & P.E. P,E. P,E. LS. , Ig(o~i .., I I I J ! i , I ; I I I I , I I I , I I i I I I I I , .1 . , ~. M MMS CONSULTANTS, INC. M 1917 S. GILBERT ST. . IOWA CITY' IOWA 52240-4363 OFFICE: 319-351.8282 FAX: (319) 351-8476 ~ ~ z z z . ~ J ~ RobM D. Mlckolson Larry R. Schnlll/or Chrl.lophor M. Sloph'n GlennO,Molsnor Donnl. J. Kallal Paul V. Anderson Doan E. Beranok July 1. 1992 w [ J ~ U w ~ I U [ ~ Melody Rockwell, Assoc. Planner Dept. of Planning & Program Development City ofIowa City, Civic Center 410 E. Washington Sl. Iowa City, IA 52240 Re: Preliminary Plat Furrows Edge Acres w ~ ~ u ~ o z ~ J Dear Ms. Rockwell: On behalf of the Developer. we are respectfully requesting that the above referenced application be placed on the July 16. 1992 Planning and Zoning Commission agenda. We also waive the llmitation pertod to July 16. 1992 and request Ulat this appllcation be given expedited consideration. Respectfully submitted: MMS CONSULTANTS, INC. G)~fl}#~ Robert D. Mlckello'n . . ( !-iI::C::::IVl::D JUL 0 1 1992 P.P.D. DEPARTMENT ~ z > w ) [ J ~ o z ~ J ~ z [ w w Z ~ Z w .':1 " ,I LS. L.A. P,E. L.S. & P.E, P,E. P,E. LS. , I~ lP8J ~, \ <\", , , I , " t~~~ldi~ RESOLUTION NO. RESOLUTION AUTHORIZING STAFF TO PROCEED WITH ACQUISITION OF PROPERTY FOR A COLLECTOR STREET BETWEEN ROCHESTER AVENUE AND HICKORY TRAIL. WHEREAS, the City provides public streets for the safe, orderly movement of traffic within the city, and WHEREAS, a collector street is needed between Rochester Avenue and Hickory Trail to provide an adequate street system in northeast Iowa City, and WHEREAS, several alternatives alignments have been evaluated and a preferred alignment has been selected by the City Council, and WHEREAS, this preferred alignment involves property which is not likely to be acquired in conjunction with private development, thereby necessitating the City's invOlvement, and WHEREAS, acquisition of the preferred alignment will facilitate eventual construction of the collector street in conjunction with the private development process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT: 1. That City staff is directed to enter Into negotiations to acquire property for the extension of a collector street between Rochester Avenue and Hickory Trail, according to the preferred alignment agreed to by the City Council. It was moved by and seconded by adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: Ambrisco Courtney Horowitz Kubby Larson McDonald Novick Passed and approved this day of ,1992. MAYOR ATTEST: - CITY CLERK Approved by ~ )f~d-JCr C ty Attorney'S Office 6- 5"-?.:L- jeeoglp\roehhlck,tOl I. ftl /. . .