HomeMy WebLinkAbout1988-01-12 RecommendationSTAFF REPORT
To: Planning and Zoning Commission
Item: CZ -8720. John Sohm
S-8521. Bent Brook Acres
GENERAL INFORMATION
Applicant:
Requested action:
Purpose:
Location:
Size:
Existing land use and zoning:
Surrounding land use and zoning:
Fringe Area:
Applicable regulations:
Y File date:
45 -day limitation period:
Prepared by: Barry Beagle
Date: December 17, 1987
John and Margaret Sohm
233 Linden Court
Iowa City, Iowa 52240
1) Rezone a 1.75 acre parcel from
RS to Al and rezone a new 1.43
acre parcel from Al to RS
(County).
2) To approve a preliminary and
final subdivision plat.
To establish two residential lots.
Approximately two (2) miles north
of Iowa City on County Road F8W,
opposite Timber Trails Estates,
Part Two.
1) Rezoning: 1.43 acres and 1.75
acres.
2) Subdivision: 87.6 acres.
Agricultural, Undeveloped; Al -84.1
acres, RS - 3.5 acres.
North - Agricultural; Al.
South - Agricultural; Al.
East - Agricultural; Al.
West - Single -Family Residential;
RS, A2.
Area 4.
Fringe Area Policy Agreement, City
Rural Design Standards, Provisions
of the Subdivision Regulations, and
Stormwater Management Ordinance.
1) Rezoning: November 25, 1987
2) Subdivision: October 23, 1985
Subdivision: Waived.
SPECIAL INFORMATION
Public utilities: Public utilities are presently not
available to this area. Individual
septic systems will be provided for
sewage disposal. Water service will
be provided by individual private
wells.
Public services: Police protection will be provided
by Johnson County. Fire protection
will be provided by the Solon Fire
Department.
Transportation: Access will be provided by a 50 -
foot wide access easement which
intersects County Road F8W.
Terrain: Topographically, the site is very
hilly with some wooded areas.
ANALYSIS
Mr. John Sohm proposes to subdivide an 87.6 acre tract, located approximately
two -miles north of Iowa City on County Road F8W into three lots to be known as
Bent Brook Acres. Approximately 84.10 acres is presently zoned Al, Rural
District and would continue to be used for agricultural purposes. The remain-
ing two lots are located in the extreme northwest corner of the tract adjacent
to the County Road and are intended for residential purposes. Two parcels
totalling 3.5 acres were rezoned from Al to RS in 1984 and comprise most of the
area of the two proposed residential lots.
Mr. Sohm has initiated two separate applications associated with the proposed
subdivision of the 87.6 acre tract. The first request is to correct a discrep-
ancy concerning one of the two (2) RS zoned parcels within the proposed subdi-
vision. The second request is for preliminary and final plat approval to
establish a two -lot residential subdivision. The Commission will need to act
upon the two requests independently.
Background:
A. Zoning. On August 9, 1984, Mr. Sohm initiated application to rezone two (2)
separate 1.75 acre parcels in the northwest corner of the 87.6 acre tract
from Al, Rural District to RS, Suburban District. In accordance with
Section II.A.3. of the Fringe Area Policy Agreement, the request was for-
warded to the Planning and Zoning Commission for review and comment. On
September 6, 1984, the Commission found the request to be inconsistent with
the development policy for Area 4 which advocated agricultural uses. The
City Council concurred with the Commission's recommendation and notified
the Board of Supervisors of its finding that the requested rezoning was
inconsistent with the development policy for Area 4. Contrary to that
policy and the Council's funding, the Board of Supervisors approved the
rezoning of the two parcels on October 18, 1984. Except for Lot 2, the two
parcels comprise most of the area of the two proposed residential lots (see
Attachment "A").
7�
As platted, an insufficient area of Lot 2 is zoned RS to permit construc-
tion of a single-family residence. The subject rezoning would rezone the
1.75 acre parcel presently zoned RS to Al and rezone a new 1.43 acre parcel
from Al to RS to coincide with the boundaries of Lot 2. The proposed
rezoning would result in a slight repositioning of the RS zoned area to the
northeast and would not result in the establishment of a new residentially
zoned lot (see Attachment "B").
Subdivision. Mr. Sohm initiated application for preliminary and final plat
approval on October 23, 1985, to establish a three -lot, 5.79 acre residen-
tial subdivision. This subdivision is within the two-mile extraterritorial
jurisdiction of Iowa City and is subject to Iowa City review and approval.
Consideration of the plat was halted after a boundary line dispute arose
with an adjacent property owner concerning one of the lots and a zoning
discrepancy which was discovered with Lot 2. The application has been
deferred since November of 1985 at the request of the applicant in an
attempt to resolve the boundary line dispute.
Unable to resolve the dispute, Mr. Sohm has revised his plans and submitted
a new preliminary and final plat for a two -lot, 4.75 acre residential
subdivision, with individual lot sizes of 2.17 acres and 2.58 acres. The
two residential lots are located in the northwest corner of the 87.6 acre
tract adjacent to the County Road. This area of the tract affords the best
topographical access to the County Road.
Development Policy;
The revised development policy for Area 4 continues to indicate that "agricul-
tural use is the preferred use...on the properties located west of Highway
1...." Although the Area 4 development policy was recently amended to permit
"a limited amount of residential development... on the properties east of
Highway 1" residential development has always been discouraged west of High-
way 1. The area where the County's Comprehensive Plan and the Fringe Agree-
ment encourage growth to take place is in Area 3, the corridor along the Iowa
River which includes River Heights.
The Fringe Agreement, adopted on December 22, 1983, was considered to be of
mutual advantage to Iowa City, and Johnson County. The agreement established
policies for the orderly growth and development of those areas within the
two-mile extraterritorial jurisdiction of Iowa City to more effectively and
economically provide services for such growth at the least cost of all the
people in Johnson County. To advance the policies of the Agreement, Section
II.A.3. of the Administrative Policies states that "Any zoning change will
conform with the policies identified for the Area in which the requested change
is located." The proposed rezoning continues to be inconsistent with the Area
4 development policy. Since the City has no absolute power to approve or deny
rezoning requests in the County, the only action available to the City, in
instances where a rezoning is contrary to the policy, is to deny the subsequent
subdivision. The policies agreed to in the Fringe Agreement are meaningless
without governmental action which carries them out. The staff therefore recom-
mends denial of the subdivision based on the fact that approval of the subdivi-
sion, as approval of the rezoning, is contrary to the mutually agreed policy
for this portion of Area 4.
Technical Compliance. The following comments are only offered should the
Commission or Council act in favor of the rezoning and proposed subdivision.
The Area 4 policy does not anticipate the annexation of this area in the fore-
seeable future, and therefore, the implementation measures specify that the
City Rural Design Standards shall apply to residential subdivisions. The
proposed subdivision falls within Level 3 of the revised design standards of
the Fringe Agreement since annexation of this area is not anticipated in the
foreseeable future (see Attached Amendment). Level 3 prescribes that the
present County Road improvement standard apply.
Due to rough terrain and limited sight distance on County Road FBW, access to
Lots 1 and 2 and to the remainder of the 82.9 acre tract will be provided by a
50 -foot wide access easement. Although the easement location affords the best
sight distance along the sites' frontage with the County Road, natural contours
along the west boundary of Lot 2 restrict the optimum sight distance to the
south of the intersection. The auxiliary plat should be revised to show modi-
fied contours south of the intersection, acceptable to the Public Works Depart-
ment. The access easement is shown as a part of Lot 2 as opposed to a separate
private road within the subdivision. The applicant does not propose to bring
the easement up to current County road improvement standards at this time for
only the two lots. At such time as any portion of the remaining 82.9 acre
tract is resubdivided, the applicant intends for the easement to be designated
a private road and improved to current County standards. An easement agreement
spelling out the current users of the easement and its future improvement to
current County road improvement standards upon resubdivision of any portion of
the remaining tract needs to be submitted. Staff finds the future improvement
of the easement to be acceptable subject to the easement agreement.
The plat makes no provision for stormwater management. Because of the limited
number of lots and the unforeseen annexation of this area, staff would recom-
mend waiving the designation of stormwater detention facilities and the submis-
sion of calculations until such time as resubdivision or annexation takes
place. Due to the limited area of the two -lot subdivision and due to the
topography of the area, any storm water detention will have to be provided on
the remaining agricultural tract (Lot 3) outside the two residential lots.
Since the current policy for this area is to retain agricultural uses and the
remainder of the tract is zoned agricultural, it is inappropriate to require
stormwater calculations and designation of the detention basin on this tract at
this time. A supplemental agreement concerning the future installation of storm
water management facilities upon resubdivision of any portion of the remaining
82.9 acre tract needs to be submitted.
Legal papers with the exception of the access easement agreement and supplemen-
tal n
stormwater management agreement have been submitted by the app
are currently under review by the Legal Department.
Mr. Sohm is requesting that the preliminary platting requirements of the City's
Subdivision Ordinance be waived since annexation of this area is not foreseen
for a considerable time. Staff would concur with the applicant's request only
for the 82.9 acre tract located outside of the two proposed residential lots.
STAFF RECO14MENDATION
Staff recommends that the combined rezoning of the 1.75 acre tract from RS to
Al and a new 1.43 acre tract from Al to RS be found inconsistent with the
development policy for Area 4 which intends for this area to be used for agri-
cultural purposes.
Staff recommends that the preliminary and final plat of Bent Brook Acres be
denied based upon the development policies for Area 4. Should Commission or
Council find in favor of this request, staff would recommend that the prelimi-
nary and final plat be deferred pending resolution of the deficiencies and
discrepancies listed below.
DEFICIENCIES AND DISCREPANCIES
Approval of the legal papers by the Legal Department, including the ap-
proval of a supplemental agreement deferring installation of stornwater
management facilities until such time as the remaining 82.9 acre tract is
resubdivided, and submission of an easement agreement concerning the use
and future improvement of the 50 -foot wide access easement.
2. Submission of a letter from the Solon Fire Department and a letter of fire
rating from the developer's engineer.
3. Review and approval of a revised auxiliary plat by the City Public Works
Department concerning sight distance south of the easement/County Road
intersection.
ATTACHMENTS
1. Location Map S-8521 and CZ -8720.
2. Attachment "A" - 1984 Rezoning.
3. Attachment "B" - Proposed Rezoning.
4. Design Standards Amendments.
5. Auxiliary Plat.
6. Preliminary and final plat.
Approved by
C
onoS meiser, Direc or
Department of Planning
and Program Development
M
Location Map
CZ -8720
John Sohm
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John So hm
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Location Map
S-8521
Bent Brook Acres Subdivision
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the survey dna that act corers are marrec as indiaated. -
FLAT 6/OR PLAN APPROVED BY
THE CITY OF [OVA CITY
R,eart 0, Ntelels.d 907. W. 7039 Data
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ATTACHMENT "Bla
Y
a
City of Iowa Ci -L,
Date: August 31, 1984
To: Planning and Zoning Commission
From: Karin Franklin
Re: V-8416. Rezoning of 3.5 Acres from Al to RS in Johnson County
The County has received a request from John and Margaret Sohm for the
rezoning of 3.5 acres north of Iowa City from Al (agricultural) to RS
(residential) The property consists of two 1.75 -acre parcels east of County
Road F8W. The property in question is included in Area 4 of the Johnson
County/Iowa City' Fringe Area Policy Agreement.
Section IIA.3 of the Agreement states "Each request for zoning of property
within Areas specified in this Agreement will be forwarded to the City for
review and comment prior to the public hearing before the County Zoning
Commission. Any zoning change will conform with the policies identified for
the Area in which the requested change is located." The policy for Area 4 is
that Residential development in this area should be discouraged, and
encouraged to take place in Area 3 and other parts of the county zoned for
residential development. Agricultural use is the preferred use in Area 4.
Residential uses for farm family purposes will be considered depending on
soil and site conditions."
The requested rezoning is not for a residential use for farm family purposes.
The staff finds, therefore, that the requ ted�o ng is inconsli with
the policy stated for Area 4. ;
Approved by:
f�onald Sc meiser, Director
Department of Planning and
Program Development
bj5/7
V
FRINGE AREA POLICY AGREEMENT
,) BETWEEN ,iOHNSON COUNTY, IOWA, AND IOWA CITY, IOWA - AMENDMENT III
This Agreement is entered into pursuant to Chapter 28E of the Code of Iowa
by and between Johnson County, Iowa, a municipal corporation, and the City
of Iowa City, Iowa, a municipal corporation, to -wit:
WHEREAS, the County and the City adopted an agreement in December, 1983 to
guide the development of land within the two-mile extraterritorial juris-
diction of Iowa City; and
WHEREAS, that agreement provided for the periodic review and amendment of
the agreement; and
WHEREAS, the City and the County have mutually agreed that the development
standards for subdivisions within the fringe area should be directly
related to the anticipated annexation of any portion of the fringe area.
NOW, THEREFORE, the parties he do agree for themselves and their
respective successors to the following amended policy:
DESIGN STANDARDS:
For all areas, the following design standards shall aooly and shall
suoersede any previously stated street standards under the "Implementa-
tion" sections of the Area Policies.
Level 1. Full City street standards shall be applied to areas which have
i,: eoiate potential for annexation (less than five years). This means an
urban cross-section with street construction of full depth concrete 28
feet wide for local streets and 31 feet for collector streets. All tele-
phone and electric utility service lines shall be underground.
Level 2. A minimum rural development standard for streets shall apply to
triose areas for future potential annexation (5-10 years). This entails a
rural cross-section with a three inch compacted stone base and chipseal
d1 surface 22 feet wide.
Level 3. Present County local street improvement standards shall apply to
ai other areas within the two-mile fringe of Iowa City. Depending upon
the number of residential properties to be served, the current County
standard is three inches of crushed rock either 20 or 24 feet wide.
This amendment to the Agreement shall be filed with Secretary of the State
of Iowa, and with the Johnson County Recorder in compliance with Chapter
2SE, Code of Iowa.
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