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HomeMy WebLinkAbout1989-12-19 Resolutiond d ll I. RESOLUTION NO. 89-293 RESOLUTION RETAINING MR. WILLIAM J. SUEPPEL OF THE MEARDON, 1; SUEPPEL, DOWNER AND HAYES LAWFIRM TO REPRESENT THE CITY OF ?_ IOWA CITY IN CERTAIN DESIGNATED LAWSUITS AND LEGAL PROCEEDINGS. i i' WHEREAS, Mr. William J. Sueppel has been employed as an Assistant City Attorney for the "+ City of Iowa City since October of 1987; and @5 WHEREAS, the Mr. Sueppel has resigned to take a position in private law practice with the Meardon, Sueppel, Downer and Hayes lawfirm effective December 31, 1989; and r; WHEREAS, it would be to the City's advantage to have Mr. Sueppel continue to represent the t; City in certain lawsuits and legal proceedings, given his familiarity with those matters and the shortage of available time for other members of the Legal Department to undertake representa- i k tion of the City on those matter; and WHEREAS, Mr. Sueppel has proposed to provide such representation to the City at a fee not to exceed $75.00 per hour: .; NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY I I OF IOWA CITY, IOWA, that Mr. William S. Sueppel be and is hereby retained to represent City of Iowa City as to those lawsuits and legal proceedings identified in Exhibit A hereto, AND BE iT FURTHER RESOLVED that Mr. Sueppel's hourly fee for representation of the City .. on said matters be and the same is hereby set at not to exceed $75.00 per hour. I ,' It was moved by Larson and seconded by Horoiaitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: — X Ambrisco Balmer 1. — X Courtney X Horowitz �) X " Kubby X Larson X McDonald d d ll I. Exhibit A i ' cases ./.. I fY City v. Yeaav (Supreme Court Appeal) i City V. John (Supreme Court Appeal) q j Walsh v: Zowa C ty puhti� HOUsina Authority (Federal Court) II � n 1 Y Y ! tL rehdY r v yx3+ N I r '"S�F�d'N( 5 ✓ � � � r ,y w i'h - J •� �, to _ 11 1T'� ii lr• �i, ', TYYY. � ' iT �i �r I '�S rClr 4 SIX b i c r.. li �b li I 3�F✓rtH��Na- rM1 L .. n P . tJnJ+'d rTry rl 11„ati � v ., L5 I M )5 5L I . i r, RESOLUTION NO. 89-294 K RESOLUTION RETAINING MR. ROBERT MICHAEL OF THE LYNCH AND CREENLEAF LAWFIRM TO REPRESENT THE CITY the same is hereby set at $60.00 per. hour. { �a OF IOWA CITY AS A TEMPORARY, PART-TIME PROSECUTOR. were: h WHEREAS, Mr. William J. Sueppel has resigned his Attorney, effective December 31, 1989; and g Position as Assistant City AYES: NAYS: ABSENT: •T X X Ambrisco } WHEREAS, the City Attorney has recommended that Mr. Sueppel's duties as City Prosecutor be filled in the interim his X Courtney X i; until replacement by the retainage of out counsel to perform those duties on a temporary basis; and Horowitz X Kubby °` X Larson WHEREAS, Robert Michael currently serves as prosecutor for a number of smaller cities in Johnson County, has X McDonald and proposed to perform said duties for the City, of Iowa City at a fee of $60.00 per hour. - NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THECITYCOUNCIL OF THE CITY OF IOWA CITY,, IOWA, that Mr. Robert Michael be and is hereby retained to, represent City of Iowa City in the capacity of City Prosecutor. AND, BE IT FURTHER RESOLVED that Mr. Michael's hourly fee for representation it of the City on those matters be and I the same is hereby set at $60.00 per. hour. { It was moved b ]Horowitz Y and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X Ambrisco } Balmer X Courtney X Horowitz X Kubby °` X Larson X McDonald Passed and approved this 19th day of December 1989. aaa �• /. .' I{,.. � ,a RESOLUTION N0. 89-295 i RESOLUTION RECLASSIFYING A POSITION IN THE ACCOUNTING DIVISION OF i ' d THE FINANCE DEPARTMENT AND A POSITION IN THE CIRCULATION DIVISION f Z} OF THE LIBRARY,. { , y WHEREAS, Resolution No. 89-50 adopted by the City Council on March 7, 1989, established a classification/compensation plan for AFSCME employees; and gg WHEREAS, the classification plan of the City of Iowa pity was established and is maintained I to reflect through job classification and compensation the level of job duties and respon- sibilities performed. k NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CiN, IOWA,.THAT: The position of Sr. Account Clerk -Accounting be reclassified from Range 5 to Range u I 6. :i aaa �• I{,.. � ,a f ( f y ro ca ere were: AYES: NAYS: ABSENT. X Ambrisco X Balmer X Courtney X Horowitz X Kubby x Larson X McDonald 111, RESOLUTION NO, 89-296 December 1989, RESOLUTION AMENDING THE AUTHORIZED POSITIONS IN THE PARKING DIVISION OF THE FINANCE DEPARTMENT. WHEREAS, Resolution No. 89-50 adopted by the City Council on March 7, 1989, establishing an operating budget for FY90, authorizes all permanent positions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The authorization of personnel in the Parking Division of the Finance Department be amended as follows: 1 The deletion of on , e Maintenance Worker III - Parking Night Crew, range 7. 2. The addition of one Maintenance Worker 11 - Parking Systems, range 4. It was moved by Balmer and seconded by Horowitz the Resolution be ado ted and u II II 4k ro ca ere were: AYES: NAYS: ABSENT. X Ambrisco X Balmer X Courtney X Horowitz X Kubby x Larson X McDonald 111, Passed and approved this 19th day of December 1989, W.VS,t.00.rM 141431,557 Department Sao. uecemoer la, t9a9 To: Rosemary Vitosh, Finance Director From: Joe Fowler, Parking Supervisor Re: Maintenance Worker Positions At the present time the position of Maintenance Worker III - Night Lead Worker is vacant. After f reviewing this position, I am making the following recommendation: The position of Lead Worker be discontinued and reinstate the previous position of Maintenance Worker 11- Ramp Maintenance. This would result in a night crew consisting of .two MWII positionsand one MWI position. The responsibility for evening work assignments e would be transferred to the Ramp PM Manager. There have been problems with the Lead Worker position as we were asking bargaining unit'. employees to monitor work performance and determine if disciplinaryaction needed to be taken. Shifting these responsibilities back to a management position will provide 'a"clearer { division of authority. J Job performance of the Night Crew Maintenance Worker will be monitored. In the event quality I .quantity decrease; adjustments will be made to work hours to provide' more direct l supervision. bdw3-1 v7aaz r 3€ l } F r t ,, v7aaz r RESOLUTION N0. 89-297 Y: ^' RESOLUTION DECLARING THE CITY COUNCIL'S INTENT TO DISPOSE OF AND {' CONVEY A SKYWALK EASEMENT IN FAVOR OF MERCY FACILITIES, INC. AND ? MERCY HOSPITAL, IOWA CITY, IOWA, WHICH SKYWALK IS TO BE EMPLACED OVER MARKET STREET IN THE 500 BLOCK THEREOF, AND SETTING PUBLIC I y; HEARING THEREON. i z= WHEREAS, Mercy, Facilities, Inc.- and Mercy Hospital, Iowa City, Iowa, have proposed to i emplace a skywalk structure over Market Street in the 500 block to provide an above r' grade all-weather pedestrian passageway between the existing hospital facility and the new clinical facility to be constructed across Market Street therefrom; and WHEREAS, said proposal calls for the emplacement of said skywalk over Market Street at a minimum clearance of 14.5 feet above the centerline r' grade thereof, with support columns to be located within the Market Street right-of-way on either end of said skywalk facility, not less JJJ I j than ten feet from the back of the curb; and Fi ' WHEREAS, the City of Iowa City and Mercy Facilities, Inc. and Mercy Hospital have negotiated the terms of a "Skywalk Easement Temporary, Construction Easement and Covenant," which "Easement" provides, among other things, that Mercy Hospital will pay the City of Iowa City' $500 as consideration for the grant of said easement; q, that said easement is revokable by the City in the event that the right-of-way encumbered thereby should ever be needed for public and use, that Mercy Hospital will Insure and indemnify the City against any and all claims sults for damages on account of said skywalk facility; and WHEREAS, pursuant to Section 364.7 of the Iowa Code, the City is required to publish notice of public hearing on said proposal in anticipation of the adoption of a resolution authorizing ` conveyance of said easement; and WHEREAS, the City Council has been advised and does believe that it would be in the best + +1 interests of the City of Iowa City to proceed to public hearing on said matter. rt NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, s IOWA, that this City Council does hereby declare its Intent to dispose of and convey a i "Skywalk Easement Temporary Construction Easement, and Covenant" in favor 5 of Mercy Facilities, Inc. and Mercy Hospital, Iowa City, Iowa, which "Easement" will be on file in the oirce Of the City Clerk not later than the date of publication of the notice of public hearing. ' . AND, BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed i to publish notice of public hearing on said matter, to be scheduled for the regular Council meeting of January 9, 1990, I j t aa02-5 I � �' �ti _;...� __�`-` �� '.9 EXHIBIT A IOWA CITY , RENTAL REHABILITATION TARGET NEIGHBORHOODS EEEI existing rental rehab areas expanded area aa�G r I I Y.. I� II � I I SIJ �I 1 {{t' 11 • s; I i I' 5 t} I I P t 5 r K I EXHIBIT A IOWA CITY , RENTAL REHABILITATION TARGET NEIGHBORHOODS EEEI existing rental rehab areas expanded area aa�G I I I I I I � I� II � I I I � �I 1 I i I' ........ -._..... i' RESOLUTION N0. 89-291 RESOLUTION IN SUPPORT OF THE EAST CENTRAL IOWA COUNCIL OF GOVERNMENTS (ECICOG) AS THE AGENCY RESPONSIBLE FOR CONTINUING THE PROCESS ' "! TOWARD A REGIONAL APPROACH TO SOLID WASTE MANAGEMENT; AND i! ACCEPTING THE REGIONAL COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN �v AS THE INITIAL COMPREHENSIVE GUIDE FOR THE IOWA CITY LANDFILL t=- i WHEREAS, the ECICOG has, for the past ten months, been the sponsoring for agency preparing a Regional Solid Waste Comprehensive Plan for the six -county area, which includes the jurisdictions of Benton, Iowa, Johnson, Jones, Linn and Tama counties, and the cities of Kalona and Riverside in Washington County for jurisdictional compliance with State of Iowa Comprehensive Plan Requirements and, + WHEREAS, the City of Iowa City encourages a continuation of the process toward regionalization of solid waste management and, ii r WHEREAS, a regional approach to solid waste management may be the preferred method of addressing ,rU z the State of,Iowa s Groundwater Protection Act requirements and, r WHEREAS, it is in the public interest to continue supporting ECICOG's efforts in working toward a regional approach to solid waste management and, 1. WHEREAS, the City must submit a comprehensive to h plan the State prior to renewal of its landfill operating permit and, ti `+ WHEREAS, it is in the City's interest to accept the regional comprehensive plan as the initial 1, comprehensive guide for the Iowa City Landfill, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, I, 1. That the City Council affirms its support of ECICOG's work as the agency responsible for continuing the process toward a regional approach to solid waste management. 2. That the City Council accepts the 'Regional Comprehensive i y : Solid Waste Management Plan as the initial comprehensive guide for the -Iowa City Landfill. 44 , 1. 1. 4 +II::- I .AYES: NAYS AW) twl: _ X Ambrisc0 X BalmerIF X Courtney .171 — XHorowitz KUbby Y X Larson IF McDonald d X N f r; Passed approved this 19th day of December, 1989. _ f and 49 MAYOR r bxM1 t,+ ATTEST: .Y- CLERK- PR AS O FORM . Y - Legal Department "r . , s•, , I < t 1 y yl�i 3 y, f , « • x+, t , ', �, n� a �s 1R NlY" A RESOLUTION NO. 89-292 RESOLUTION CERTIFYING UNPAID WATER, SEWER AND REFUSE CHARGES TO COUNTY AUDITOR FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. y„ WHEREAS, Sections 33-166, 33.46 and 15-6, Code of Ordinances of the City of Iowa City, Iowa, provided that the City Council may certify unpaid water, sewer and refuse Y? charges to the County Auditor for collection in the same manner r� as a property tax; and cy WHEREAS, there exists unpaid water, sewer and/or refuse charges for the owners and i properties, and in the amounts, r: specified in Exhibit A, attached to this resolution and by this resolution and by this reference hereof; made a part and WHEREAS, the Council finds that each property owner has received a written notice by certified mail, return receipt requested, of the date and time for the City Council's consideration of this resolution at which time the property owner could appear before the Council during the discussion period for this resolution and be heard concerning the charges. unpaid ;) � t{` NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA iI .. CIiY, IOWA, that the: City. Clerk is hereby authorized to certifyun the aid p sewer II _` 7. .water, refuse charges as stated in Exhibit A, attached, to the Auditor of Johnson County, Iowa, for collection rt in the same manner as a property taxa f ' It was moved by Balmer and seconded b Rorowitz y the, Resolution be ' adopted, and upon roll call there were: I } r f 1 3 AYES: NAYS: ABSENT: P14 X Ambrisco r X Balmer _ X X Courtney X Horowitz X Kubby �. Larson X I McDonald ` 1 r Passed and approved this 19th day of December 1989, T W I AYOR 14 Ap o d a to orm ATTEST CITY CLERK Legal Department ,r P L, Owner Accounts Total Lien 48.75 I t a, Total $426,15 001-916.00 Parcel #: 60323000 Service Add.: R.R. 4, Box 21 Refuse $63.00 z Owner: Lillian & Margaret Kuenster Mailing Address: R.R. 4, Box 21, "Sand Road" r! Legal Desc.: Govt, Lot 4 Sec. 22-79.6 Bldg, on leased ground land owned by Charlie Showers y 001-922.00 Parcel #: 58583000 Service Add.: 1610 Waterfront Dr. Refuse $63.00 f Owner: Dwayne W. & Loulse D. Lewis s; Mailing Address: 1610 Waterfront Drive Legal Desc.: Coma 137.4'E and 112'N from SW Cor. SE 15.79-6 I k on E SD of Rd. thence E 90' N 60' W 90' S 60' to EEG ,. 001-926.01 Parcel #: 56462000 Service Add.: R.R. 6, Box 36 Refuse $63.00 Owner: ' Max Yocum Mailing Address: R.R. 4, Box 49 Legal Desc.: Govt. Lot 4 Sec. 22-79-6 Bldg, on leased ground land owned by Charlie Showers II' 001-987-00 Parcel #: 62634000 Service Add.: R.R. 6, Box 9 Refuse $63.00 t Owner: -Toney J. Tonda Mailing Address:, R.R. 6, Box 9 t -Legal Desc.: Govt. Lot 4 Sec. 22-79-6 Bldg, on leased ground a ' land owned by Charlie Showers i i r 001-996-00 , Parcel #i 59502000 Service Add.: R.R. 4; Box 49 Recuse $63.00 Owner: Yocum Mailing Address: R.R. 4, Box 49 ` x Legal Desc.: Govt. Lot 4 Sec. 22-79-6 Bldg. on leased ground ti land owned, by Charlie Showers 001-997-01 . Parcel #: 56536000 Service Add.: R.R. 4, Box 6 Refuse $63.00 { Owner: At Graham, c/o M. Brazelton Mailing Address: R.R. 4, Box 6 Legal Desc.: Govt. Lot 4 Sec. 22-79-6 Bidg, on leased ground land owned by Charlie Showers 049.085.01 Parcel #: 53154000 Service Add.: 1416 Brookwood Dr. Water $15.32 c! Sewer'' 21.83 Mailing Address: 14116 Brookwood Drive Recuse 11.00 ,,i , •' , Legal Desc.: Lot 17 Mark Twain 5 Add, Total $48.15 t Past Due Refuse Only Total Lien $378.00 Owner Accounts Total Lien 48.75 I t a, Total $426,15 December 19, 1989 1 TO THE COUNTY AUDITOR AND THE BOARD OF SUPERVISORS OF JOHNSON COUNTY, IOWA: I, Marian K. Karr, CMC, City Clerk of the City of Iowa City, Iowa, do hereby, certify the attached Resolution with .Exhibit A, a list of the delinquent water accounts, a description. of the delinquent accounts were incurred (together with thesuch the owner reof), to the County Auditor to be collected as regular taxes as by statute provided. As - directed by the City Council this -� day of f I � � /1 �.larr, li i Ail -Marian city. Clerk I• 11 "'��.;' , r. r 1 �� Ij, .11.1 J {, L n {... • .. - .. — �.. La, z� I' r t a a f v, r c. L) r 1 L City of Iowa City MEMORANDUM Date: December 15, 1989 To: City Council From: Pkianna Donahue, Customer Service Manager ,: 71 Re: Request for Approval of Liens for Delinquent Utility Charges k" Treasury Division of the Finance Department has reviewed all balances due on Inactive ' A delinquent utility accounts as of September 30, 1989. An analysis of these accounts determined whether they could be collected through the normal r, means of reminding letters to the customer, a transfer of the bill to another account active in the same name, or a lien collected with the property taxes. - i t" Aseparate analysis is made on delinquent active "refuse service only" accounts. Our only r means of collecting on these accounts is through the lien process. Anew factor in analyzing delinquent Inactive accounts are propertles with contractual purchase agreements. Per the Johnson County Treasurer's Office, the current property deed holders are ultimately responsible for any property taxes due regardless of who is contractually purchasing the ... ilk + contractual agreement. After discussing these situations with the City Attorney, ki .Terrence Timmins, It was decided to Include these accounts in our lien procedures.. CertI ed letters were sent. to contract holders and to deed holders advising them of our lienprocedures if payment was not received. This is the first year we have Included contractual property sales tr K t tt, City of Iowa City MEMORANDUM Date: December 15, 1989 To: City Council From: Pkianna Donahue, Customer Service Manager 1' Re: Request for Approval of Liens for Delinquent Utility Charges The Treasury Division of the Finance Department has reviewed all balances due on Inactive ' A delinquent utility accounts as of September 30, 1989. An analysis of these accounts determined whether they could be collected through the normal #• means of reminding letters to the customer, a transfer of the bill to another account active in the same name, or a lien collected with the property taxes. - i t" Aseparate analysis is made on delinquent active "refuse service only" accounts. Our only r means of collecting on these accounts is through the lien process. Anew factor in analyzing delinquent Inactive accounts are propertles with contractual purchase agreements. Per the Johnson County Treasurer's Office, the current property deed holders are ultimately responsible for any property taxes due regardless of who is contractually purchasing the property. We have four delinquent: accounts where the properties were sold under a- + contractual agreement. After discussing these situations with the City Attorney, .Terrence Timmins, It was decided to Include these accounts in our lien procedures.. CertI ed letters were sent. to contract holders and to deed holders advising them of our lienprocedures if payment was not received. This is the first year we have Included contractual property sales in our lien procedure. The delinquent amounts due on these four accounts equal 28% of the K t tt, total dollars we consider collectible through our lien process ($311.50 of $1110.74). The attached chart Itemizes the totals of delinquent inactive accounts and active refuse only delinquent accounts. In analyzing those individual delinquent accounts that have been determined as write-offs, I found that 14 tenant accounts r and 7 owner accounts had more than three delinquencies. The total dollars written off for these 21 accounts is $2,635.32 of or 25% the total write offs, Our collection procedures as of January 1, 1990, will include the F implementation of the delinquency deposit system. This system allows us to charge a customer a delinquent deposit amount equal to their average bl-monthly billing, minus any „ combined deposit they have on the account if they have two delinquency charges in a calendar year (per Code of Ordinances, Chap. 33, Secs. 48 and 169). 1 anticipate our average " write-off would decrease next year due to this implementation. I would like to add that the LA $10,359.60 "write-off" as of September 30, 1989, is .11575 percent of the total dollars billed for r the period from 10.1-88 to 9.30.89 ($8,949,872,04), Y I 1 c 2 t The "court" item listed is a special collection not utilized previously. It Involves requesting the court to allow a portion of a liquor license refund to apply to the customer's utility billing. We I won the court case, but have received 4: not a decision on the total monies that we would v receive.. a The Holiday Inn bankruptcy figure of $13,089.01 is also a special collection to be determined f by bankruptcy court. I am requesting your approval of the attached listings for certification to the Johnson County ti r; Auditor to, be assessed as a lien and collected the same as property tax. Property owners, r , contract holders and deed holders of contractual purchases were sent certified letters advising l of the lien procedures and their. opportunity to appear at the January 19 Council meeting to answer questions regarding the lien process. t bdw3-2 Attachments { i i cc: ;_ Rosemary Vltosh, Finance Director Kevin O'Malley, Assistant Finance Director r 1 ' i� ' •R it 3" 1 11,- 1 1 l ant Amounts Due ive Accounts mber 30, 1989 Owner % of 1' Accounts Total Total $18,455.38 $25,900.64 Delirn -292.17 E; 1.57 In Ser 0.00 -106.41 0.41 -92 .15 -1,029.00 - 3.97 90.73 -290.73 1.12 13,089.01 Tenant 50.54 � I -3,237.08 -10,359.60. Accounts 11I Beginning Delinquent 2.39 Balance $7,445.26 0.00 100$ (I '•? ,1 .. Payments -114.48 Payment` Arrangements -106.41 Transfers -101.85 Court 00 Bankruptcy Claim Pending 0, p (Holiday Inn)" Write-offs' \ 0 491.50 I „ 77,122.52 0 0.00 I i i be Liened Lien G ,35 Water Total 64, Sewer 75 Refuse 74 Total I s Z r' Beginning D Payment r I Lien ktkt� � t .. Total ay. Y p J YI! u Amount 19 accounts $ 1 2 6. 1 1 l ant Amounts Due ive Accounts mber 30, 1989 Owner % of Accounts Total Total $18,455.38 $25,900.64 -292.17 -406.65 1.57 0.00 -106.41 0.41 -92 .15 -1,029.00 - 3.97 90.73 -290.73 1.12 13,089.01 -13,089.01 50.54 � I -3,237.08 -10,359.60. 40.00 11I -619.24. 2.39 0.00 100$ (I '•? ,1 .. XRefusenl 0 491.50 I „ 0 0.00 I i i be Liened G ,35 Water 64, Sewer 75 Refuse 74 Total I V Delinquent Amounts Due UPDATED 12-16-89 Inactive Accounts September 30, 1989 Tenant Owner % of Accounts Accounts Total Total i i qty i.; Beginning Delinquent Total 0.00 0.00 0.00 100% Balance $7,445.26 $18,455.38 $25,900.64 Payments -233.23 -1169.01 -1402.24 5.42 Past Due Refuse Only Payment Arrangements -196.27 0,00 -196.27 0.76 . Transfers -101.85 -927.15 -1,029.00 3.97 Court 0.00 -290.73 -290.73 1.12 Bankruptcy Claim Pending 0.00 -13,089.01 -13,089.01 50.54 - Payment 166.00 30.52 (Holiday Inn) ;' .. . Lien : 378.00 69.48 g' & Total0.00 r 100.00% j fi roti ., Write-offs -6,913.91 -2,931.33', -9,845.2438.00 i i Lien 0.00 -48.15 -48.15 i.; Lien 0.00 -48.15 -48.15 Total 0.00 0.00 0.00 100% Past Due Refuse Only Active Accounts - - 6 accounts Owner Account Only Total t A Beginning Delinquent Balance $544.00 Payment 166.00 30.52 ;' .. . Lien : 378.00 69.48 Total0.00 r 100.00% j fi roti ' ' a Amount to be Liened 001-840-02 Parcel #: 58848000 Service Add.: R.R. 4, Box 10 Refuse $113.50 If Owner: Robert H, DeJong Mailing Address: R.R. 6, Box 14-A i Legal Desc.: Govt. 4 Lot Sec. 22-79-6 Bldg. on leased ground r; land owned by Charlie Showers I 001-916-00 Parce 60323000 Service Add.: R.R. 4, Box 21 Refuse $63.00 Owner: Ilia & Margaret Kuenster ' Mailing A ress: R.R. 4, Box 21, "Sand Road" i Legal Desc. Govt. Lot 4 Sec. 22-79-6 Bldg. on leased ground k land owns \y Charlie Showers 001-922-00 Parcel #: 5858 00 Service Add.: 1610 Waterfront Dr. Refuse $63.00 Owner: Dwaynely. &Louise D. Lewis Mailing Address: 1 10 Waterfront Drive Legal Desc.: Com. 7.4' E and 112'. N from SW r. SE 15-79-6 on E SD of Rd. thenpe E 90' N 60' W 90' S 60' o EEG + ' ' 001-926.01 Parcel #: 56462000 Service Add.: R.R. , Box 36 Refuse $63.00 ; + Owner: Max Yocum � p " Mailing Address:R.R. 4, B?x 49 1 r, Legal Desc.: Govt, Lot 4 Sec. 22-79- Bldg. on leased. ground I i land owned by Charlie Showers i ' 001-987-00 Parcel #: 62634000 Servl Add.: R.R. 6, Box 9' Refuse $63.00 Owner: Toney J. Tonda ? Mailing Address: R.R. 6, ox 9 �. i Legal Desc.: Govt. Lot Sec. 22- 9-6 Bldg, on leased ground F; land owned by Cha a Showers 001.996-00 Parcel #: 59502 Service Add.. R.R. 4, Box 49 Refuse $63.00 Owner: Max Y um Mailing Addre s: R.R. 4, Box 49 Legal Desc Govt. Lot 4 Sec. 22-79-6 Idg, on leased ground land ow ed by Charlie Showers 001-997-01 Parcel : 56536000 Service Add.: R. 4, Box 6 Refuse $63.00 Own AI Graham, c% M. Brazelton F Mai' g Address; R,R. 4, Box 6 Legal Desc.: Govt. Lot 4 Sec. 22-79-6 Bldg, n leased ground and owned by Charlie Showers 007-395-0$ Parcel #: 53554000 Service Add.: 520 Cap tol St. S Water $ 59.77 "v !/ Owner: "Deed holder" Bruce L. Beasley, Helen Beasley Life Est. Sewer 63.32 Mailing Address: None at the Courthouse Refuse 21.00 1st Contract:, Clifford Walters - "owner now"Total $144,09 Mailing Address: 1411 Marcy St. I 2nd Contract:' Wayne Hamer ("Bill") " Mailing Address: None Legal Desc.: Lot 8 Blk., 7 County Seat Add. S 40' of W 80' e Past Due Refuse nlY i I I e_ 2 012-520-15 Parcel #: 62464000 Service Add.: 1106 Muscatine Ave. Water OD k' Owner: "Deed holder" Richard F. Houston, E.J. Means, Scott Sewer $ 7.96 A. Means, Mary E. Means Refuse 11.00 i Mailing Address: Courthouse has none Total $18.96 Contract: Ken Christensen ("Bill") - owns property r Mailing dress: 1727 Barrington Cr., Marietta, GA 30062 f ' Legal DasN. Com. 8a.7' S N.W. Cor. of Lot 5 Blk. 2 N.E. 78.2' E 46' S 48 38'/s S.W. 45.9' and N.W. to Beg. ! pipg 46' Clark & Borlands iG Add: ( 039-510-11 Parcel #: 630830 D Service Add.: 837 Seventh Ave.. 8 Owner: "Deed holr" Family Estates, Water .00 c/o Mel Robinson Sewer $19.19 Mailing Address: 3305 Shamrock' Refuse 10.50 ' Contract 1: Robert A.bwen Add.: "Bill" Total $29.69 H6 Mailing Address: 309 H Iday Road, Coralville; i RESOLUTION N0. 89-289 RESOLUTION APPROVING THE PRELIMINARY LARGE SCALE NON-RESIDEN- TIAL DEVELOPMENT PLAN FOR THE ACT DISTRIBUTION CENTER, LOT 1, BDI THIRD ADDITION, EXCEPT SCOTT BOULEVARD RIGHT-OF-WAY DEDICATED TO THE CITY OF IOWA CITY, IOWA. r; WHEREAS, the owner, American College Testing Program, Inc. (ACT), has filed an application for approval of a preliminary Large Scale Non -Residential Development Plan for the ACT }? Distribution Center, Lot 1, BDI Third Addition, except Scoff Boulevard rightof-way previously 5' dedicated to the City of Iowa City, Iowa; and ( F; I WHEREAS, the Department of Planning & Program Development and the Public Works Department have examined the preliminary Large Scale Non -Residential Development Plan and j ( have recommended denial unless the owner agrees to place a notation on the plan and record a covenant for the property limiting site access to two drives; and j r' WHEREAS, the preliminary Large Scale Non -Residential Development Plan has been examined e by the Planning & Zoning Commission and, after due deliberation, the Commission has recommended it be accepted and approved, subject to ACT placing a notation on the plan and recording a covenant to limit access to the property to two drives; and WHEREAS, the owner, American College Testing Program, Inc. has agreed to provide the plan i I notation and record the covenant limiting site access to two drives; and WHEREAS, the preliminary Large Scale Non•Residential Development -Plan for the ACT Distribution Center is found to conform with all pertinent requirements of ordinances of the City i+ of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, ! IOWA:' r t y li 1. That the preliminary Large Scale Non•Residential Development Plan for the ACT Distribution Center, Lot 1, BDI Third Addition, except Scoff Boulevard right-of-way previously dedicated to the City of Iowa City, Iowa, is hereby approved. 2. That the City Clerk is hereby authorized and directed to certify the approval of the i t resolution and said plan. s 3. It is further resolved that before Issuance of any building permit is authorized, the owner i ACT shall record the plan in the Johnson County Recorder's Office. i t i i t 1 i .zoo i hR STAFF REPORT x To: Planning & Zoning Commission Prepared by: Melody Rockwell t ;$ Item: S-8942. ACT Distribution Center. Date: December 7, 1989 < Y f" GENERAL INFORMATION: Applicant: American College Testing Program, Inc. _ Highway 1 &Interstate 80 Iowa City, Iowa �. Requested action: I Approval of a preliminary Large Scale' '+ Non -Residential Development (LSNRD) 1 -: s plan. Purpose: To permit establishment of a testing ' ,u materials distribution center. h ':, Location: _ 1. tx. <=ur+ The northwest quadrant of the Highway. 6 and Scott Boulevard Intersection. s = ' Size: Site Size: 18.6 acres. ' y Proposed floor area by use: Warehouse: 62,500 square feet. f" Processing: 30,000 square feet. Office:- 5,000 square feet. Docks: 4,000 square feet. Comprehensive Plan: Industrial. l: Existing land use and zoning: Undeveloped; 1-1. Surrounding land use and zoning: North - Industrial (L.L. Palling Co.), Agricuitural; I-1. " East - Agricuitural; Johnson County, ' South - Agricultural, farmhouse; ; Johnson County, West - Industrial (Heinz Co.); I.I. Applicable regulations: Provisions of the Zoning Ordinance, ra Stormwater Management Regulations and l the LSNRD Regulations. ill � s ., Elle dale: November 16, 1989. , A 45 -day limitation period: January 2, 1990. �O� Public utilities: Sanitary sewer and water services need ki to be extended to the site. Public services: Police and fire protection are available. Sanitation service will be provided privately. Transit: Limited access as the closest route, the Lakeside Route, extends only as far as the Bon Aire Mobile Home Court on Highway 6, Transportation: The site is accessible to the north via Scott Boulevard and Local Road to I-60 ` and to the, south via; Highway 6 to Highway 1 and Highway 218. r. ` r Physical characteristics: y' The site i s a gently rolling grassy tract with a ridge in the center creating runoff i to the north as well as to the south. BACKGROUND: American College Testing Program, Inc.. AC « ` printed materials and prepare them for shipment tort sot centers ses to and participating ild a new ihigh schools ty to recel and post -secondary schools. ACT requests approval of a preliminary Large Scale Non. Residential Development (LSNRD) plan to permit construction of the proposed 101,500 square I ' N tool ACT Distribution Center on an 18.6 acre tract in the northwest quadrant of the Highway ' 6 and Scott Boulevard intersection. The facility will be used for offices (5,000 square feet), processing (30,000 square feet), warehousing 62500 {e 9 ( � square feet) and docks et). A total of 88 off-street parking spaces will be provided to accommodate the 0usageeof re the proposed distribution center. The LSNRD plan has been reviewed for its compliance with applicable regulations; plan f ° deficiencies and discrepancies are listed at the end of this report. Certain issues raised by the plan are discussed in the following analysis. ANALYSIS: Access: The intent of the Comprehensive Plan that "commercial and industrial subdivisions should be served as directly as possible by major trafficways" is facilitated by the location of the ACT, Distribution Center at this crossroads of major arterials: The Plan also recommends, " # however, that there be no access drives onto primary arterial streets. Because the site can only be accessed from a primary arterial, either Highway 6 or Scott Boulevard, limited access should be allowed onto a primary arterial street. !1 " ,. is 3 ACT proposes two access points onto Scoff Boulevard Arive Th1 Aa service drive and an employe isitor s esign allows access on the primary arterial Which Is less heavily used. The separate drives and the placement of the truck access farther back from the major intersection y circulation on site and reduce spillovers Into the public right-of-way. of Highway 6 and Scott Boulevard will tend to separate truck from automobile traffic, facilitate The preliminary LSNRD does not address development which can be expected to occur in the future in the northerly one-third of the tract. In accordance with the Comprehensive Plan another access point from this property Onto Scott Boulevard should not be permitted. Allowing multiple access Points on a Primary arterial street creates vehicular conflict and contributes to traffic congestion. Each now access point disrupts the function of the primary arterial street to Promote the efficient flow of traffic within the arterial system. The disruptive effect Is particularly significant for access from commercial or Industrial sites. Any access In addition to the two access Points being permitted for the ACT tract should be Prohibited. ACT should ensure that the northerly access drive as designed will handle traffic generated by further development on the site through a notation on the plan and a covenant :for this property limiting access to the two drives shown on the preliminary LSNRD plan. Ec onomic Development: Economic Impact Is a measure of the public c Public benefit can generally be measure costs and benefits associated with a proposed project. p estimated tax revenue generated and the Potential number of Jobs created d In terms of the pro'ec. The liabilities or costs usually Include the cost of direct public Improvements such as the cost of by a provision of additional public services demanded and the Indirect public costs associated with the overwidth paving or oversized water mains by a proposed project collects about $192 annually on this undeveloped tract. I II The assessed value of this agricultural tract of land Is currently $15,966. The City currently Proposed distribution center will be constructed at a cost The applicant estimates that the portion of the tax levy presently Imposed upon Iowa City of about $4 million. The City's property is $12.02810/$J,o assessed valuation. Assuming the assessed 00 of facility Increases by $4 million as a result of this project, the City would realize an Increase Of $48,112 In tax revenue from will be created by the proposed The applicant estimates that no now jobs industrial use In the near future. Personnel will be shifted to the new facility from the existing ACT Center In north Iowa City, The City plans to construct a new 12- or 16 -Inch water main along the south side of this tract ACT will contribute to the water main construction costs and will be responsible for exten and a 12 -Inch water main along the east side. station north Of the tract onto the site as shown ding the sanitary sewer from the pump development Is not expected to Impact the City's ability on the LSNRD plan. The proposed to provide standard municipal services. STAFF RECOMMENDATIONS: Staff recommends that consideration of the Preliminary Large Scale Non -Residential Development (LSNRD) plan for the American College Testing Program, Inc. located In the I-1 Zone In the northwest quadrant of the Highway 6 and Scott Boulevard Intersection be deferred. Unless ACT makes provisions to limit access from the site to the two drives shown on the preliminary LSNRD plan, staff recommends denial. kam M� RS 5 Location Map S-8942 ACT Distribution center I HJ HEINZ 11 log P S ITM Cc is HJ HEINZ I 11 *a %01N.* Preliminary LSNRD Plan SO90,319r E S-89.42 35.9-31 ACT Distribution Center lug u "R ME BASIN .30 E .30 CRE I I. \ r r. IT, *7- b. ----(L U.S. IGH U.S. eI .. ...... SBI'51'40•56051112rE 500.08, 113.5v DOCKS — — — — — — — — — — — — — — — — — — — — — — — — — — -- 4.000 S.F.- — — PROCCS S 30.00D S.F. 00 WAROUSE 62,50 S.F. $a OFFICE lug u "R ME BASIN .30 E .30 CRE I I. \ r r. IT, *7- b. ----(L U.S. IGH U.S. SBI'51'40•56051112rE 500.08, 113.5v DOCKS — — — — — — — — — — — — — — — — — — — — — — — — — — -- 4.000 S.F.- — — PROCCS S 30.00D S.F. 00 WAROUSE 62,50 S.F. $a OFFICE LOT \ V -n o -- . =4"I`M . TIT, j I. LF 10 It, r r. IT, *7- od, \\ Lu� 4r==II- L rev I o,uuu a.r. w l eC r 1 R CI c STOIRIAWAT R i M DETENTION 0 SIN 4. ACRE ET YP TO KITT LF 10 It, r r. IT, *7- ----(L U.S. IGH U.S. SBI'51'40•56051112rE 500.08, 113.5v 216.03,-j — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- — — 00 $a loll � 2l�(� � I s, Fr` ,} RE: American College Testing Program (ACT) Distribution Center �I ' Dear Ms. Rockwell: If 1 f j Enclosed are twelve copies of the preliminary LSNRD for this project. We are currently requesting that the number of access points not be restricted r.r to less than three. We base this request on the following: We already have been restricted to Scott Boulevard (no access on i! t Highway 6). , cei 2.r ACT is considering subdividing the northern 4 to 5 acres, of which the developer would need the third access point. It should be noted that if ACT should utilize the full; site, they would not r;I t need the third access point: We feel that by limiting the access points to I,ip two, the market value of the subdivided 4 to 50 acres would be reduced drastically and would reduce the number of interested buyers significantly. c{t+tWn Grt r.f; orrhr �, k' +' ,F k�=•, �,. + Sincerely, �"Z"�r9f�v7��t�.r ':., .. SHIVE-HATTERY ENGINEERS L, AND ARCHITECTS, int. A`NY,'it 8 Lirg�� '' c rson, PSL: jah Enc. s>N� 1 r=k �.�,�r. ->K`•i �` �. SHEA N189275.0 ., r Copy: Mr. Tom Struve Iq ar'I ,xTA ,�3, , t' t rf CIVIL• MECHANICAL • ELECTRICAL • STRUCTURAL • INDUSTRIAL • ENVIRONMENTAL • TRANSPORTATION • ARCHITECTURE ,ti 4 i SHIVE-HATTERY ENGINEERS Illinois AND ARCHITECTS,,,,. Iowa Highway 1 & Interstate 80, P.O. Box 1050 Texas Iowa City, Iowa 52244 r (319)354-3040 • FAX(319)354-6921 >L r November 30, 1989 1 ,v 'The, City of Iowa City I, {,tr Planning and Program Development ATTN: Ms. Melody Rockwell 1' 410 East Washington Street Iowa City, Iowa 52240 s, Fr` ,} RE: American College Testing Program (ACT) Distribution Center �I ' Dear Ms. Rockwell: If 1 f j Enclosed are twelve copies of the preliminary LSNRD for this project. We are currently requesting that the number of access points not be restricted r.r to less than three. We base this request on the following: We already have been restricted to Scott Boulevard (no access on i! t Highway 6). , cei 2.r ACT is considering subdividing the northern 4 to 5 acres, of which the developer would need the third access point. It should be noted that if ACT should utilize the full; site, they would not r;I t need the third access point: We feel that by limiting the access points to I,ip two, the market value of the subdivided 4 to 50 acres would be reduced drastically and would reduce the number of interested buyers significantly. c{t+tWn Grt r.f; orrhr �, k' +' ,F k�=•, �,. + Sincerely, �"Z"�r9f�v7��t�.r ':., .. SHIVE-HATTERY ENGINEERS L, AND ARCHITECTS, int. A`NY,'it 8 Lirg�� '' c rson, PSL: jah Enc. s>N� 1 r=k �.�,�r. ->K`•i �` �. SHEA N189275.0 ., r Copy: Mr. Tom Struve Iq ar'I ,xTA ,�3, , t' t rf CIVIL• MECHANICAL • ELECTRICAL • STRUCTURAL • INDUSTRIAL • ENVIRONMENTAL • TRANSPORTATION • ARCHITECTURE ,ti 4 i ■ City of Iowa City �,-- MEMORANDUM Date: November 30, 1989 TO: Planning and Zoning Commission From: Melody Rockwell V_ Re: CU -8902. Home Business: Workshop and Display Area for Antiques Terry L Birchmeler has filed an application with Johnson County for approval of a Conditional Use Permit to establish a home business on property located 1.2 miles southeast of the Iowa City city limits in Scoff Township. Because the proposed use is located within the extrater- ritorial jurisdiction of the City, the application has been submitted, in accordance with Section 34.11.C.4 of the Johnson County Zoning Ordinance, to the City of Iowa city for review and comment. The applicant proposes constructing a 24 -foot by 48 -foot structure in the rear yard of his 2.14 acre lot to house a workshop and display area for antiques. The Birchmeler property is located one mile south of the Highway 6 and Scoff Boulevard Intersection, and less than one- half mile east. A private driveway off a graveled county road provides access to the site. The size of the structure and the nature of the proposed business meets the definition of a "home business" as defined in the Johnson County Zoning Ordinance, and should not produce a high volume of traffic In this rural, agricultural area. These factors, combined with the location of the site approximately one mile from the Iowa City city limits, should not trigger ' application of either urban or rural design standards. No construction or upgrading of existing facilities, such as streets, water distribution systems, sanitary or storm sewers, or underground utilities appear to be required, The Area 6 development policy of the Fringe Area Policy Agreement states that agricultural use is preferred. The proposed home business should not Interfere 'th th I wra continued agricultural use of surrounding property. 1, STAFF RECOMMENDATION: I Staff recommends the City Council Issue a comment that it is not opposed to the establishment of a workshop and display area for antiques in a 24 -foot by 48 -foot accessory structure on the requested property located in Section 31, Range 5, Township 79 of Johnson County. ATTACHMENTS: 1. Location Map. 2. Site Pian. 3. Application/attachments. tp4-1 Approved by: cnald chmetser; Director Department of Planning and Program Development f : t 6. Date: November 30, 1989 TO: Planning and Zoning Commission From: Melody Rockwell V_ Re: CU -8902. Home Business: Workshop and Display Area for Antiques Terry L Birchmeler has filed an application with Johnson County for approval of a Conditional Use Permit to establish a home business on property located 1.2 miles southeast of the Iowa City city limits in Scoff Township. Because the proposed use is located within the extrater- ritorial jurisdiction of the City, the application has been submitted, in accordance with Section 34.11.C.4 of the Johnson County Zoning Ordinance, to the City of Iowa city for review and comment. The applicant proposes constructing a 24 -foot by 48 -foot structure in the rear yard of his 2.14 acre lot to house a workshop and display area for antiques. The Birchmeler property is located one mile south of the Highway 6 and Scoff Boulevard Intersection, and less than one- half mile east. A private driveway off a graveled county road provides access to the site. The size of the structure and the nature of the proposed business meets the definition of a "home business" as defined in the Johnson County Zoning Ordinance, and should not produce a high volume of traffic In this rural, agricultural area. These factors, combined with the location of the site approximately one mile from the Iowa City city limits, should not trigger ' application of either urban or rural design standards. No construction or upgrading of existing facilities, such as streets, water distribution systems, sanitary or storm sewers, or underground utilities appear to be required, The Area 6 development policy of the Fringe Area Policy Agreement states that agricultural use is preferred. The proposed home business should not Interfere 'th th I wra continued agricultural use of surrounding property. 1, STAFF RECOMMENDATION: I Staff recommends the City Council Issue a comment that it is not opposed to the establishment of a workshop and display area for antiques in a 24 -foot by 48 -foot accessory structure on the requested property located in Section 31, Range 5, Township 79 of Johnson County. ATTACHMENTS: 1. Location Map. 2. Site Pian. 3. Application/attachments. tp4-1 Approved by: cnald chmetser; Director Department of Planning and Program Development 4 Location Map: CU -8902 i 1 Ranno r LEGEND - CA Nlrylxv YYOEf D.MK[I �-______ MNIIOV pulwf 01[MTK CDUFMr_ �_ _ _ Mtllgp LfI.r10N __ __ .."CAD ."D MN MK o 7 N[YM CAS __________CENT � rR LK Mira p n M qWI'll row DF LMc____"--------- -----Em ----------- VLi[ 011 I[gl1M ILq[IITY INAY[pl gLYIwE KI[ IMCAMR[DI_ _ _r 1 IGIONK OY[LLIN01 L!Ii I I I 1 11 IwpY YNIT �. rx,il qy�( i I 0 [LLIMG 0!N[I1 TMN /MY__ e0q 011 OKWq y OF[LLINGt ' arOY[ q tuML [utlMCa [al.\Lla K r 1 d �' C1Y1CN q OrK11 011 OIMq 1 L 71' IN\rITYTION. .. ____ 8 I I ICIM gK.T10ML INtrIIYTIOM_ . e I Ii \ucDN Lwxr_� D[wnu[xr Dr [DUY[K[ elrqumun uxpxG n[lD * 1. G0.I Vlwroa OK LwxrA------------- . rounxc NMmN.-1------------ — LDf11D1uMC"____________________________ _ ' O[MNTYtxi y COYugr( � I uuxwunDN NMIq._-- --_.. 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IIILt CLVe... .________ W aulLuwK (epuxr . _ J� ii\ 1 T i 1 I -V\ I d 1 r y LEGEND - CA Nlrylxv YYOEf D.MK[I �-______ MNIIOV pulwf 01[MTK CDUFMr_ �_ _ _ Mtllgp LfI.r10N __ __ .."CAD ."D MN MK o 7 N[YM CAS __________CENT � rR LK Mira p n M qWI'll row DF LMc____"--------- -----Em ----------- VLi[ 011 I[gl1M ILq[IITY INAY[pl gLYIwE KI[ IMCAMR[DI_ _ _r 1 IGIONK OY[LLIN01 L!Ii I I I 1 11 IwpY YNIT �. rx,il qy�( i I 0 [LLIMG 0!N[I1 TMN /MY__ e0q 011 OKWq y OF[LLINGt ' arOY[ q tuML [utlMCa [al.\Lla K r 1 d �' C1Y1CN q OrK11 011 OIMq 1 L 71' IN\rITYTION. .. ____ 8 I I ICIM gK.T10ML INtrIIYTIOM_ . e I Ii \ucDN Lwxr_� D[wnu[xr Dr [DUY[K[ elrqumun uxpxG n[lD * 1. G0.I Vlwroa OK LwxrA------------- . rounxc NMmN.-1------------ — LDf11D1uMC"____________________________ _ ' O[MNTYtxi y COYugr( � I uuxwunDN NMIq._-- --_.. TOFNMLL q fWUYMTY 1YIL ION WW ------- _ 1 CWL YM."__-_".""_._._..""...._.""_ YNIr[0 IT.Ra NICMF.IY ............... K [r.T[ NIOxFM .......__. aO 1 fGVNn TIIVIM \IR[Y, __ •- ....... 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IIILt CLVe... .________ W aulLuwK (epuxr . _ i a .7' _ i5 +016M9 yye; t� APPLICATION FOR CONDITIONAL USE PERMIT .P.-D.1aEri'XF'WtRW 1 t Date 10/25/89 Number To: Johnson County Zoning Commission Johhson County Board of Supervisors In accordance with Article XXXIV of the Johnson County Zoning j 1 Ir � of a Conditional Use Permit for the operation of the use pro- ri posed located at, the property herein described. i f u i Legal Description Section 31, Range 5, Township 79 • a, 1 { iI .111 1 1., 1 ^ 1 ' 1 Owner of Record Terry L. Birchmier , , This application shall be filed with the County Zoning Adminis- d 1 x trator complete with the following information:; a , I, 1. A location map for the proposed site. p . 2. 10 copies of the required site plan. 3. The.names all owners I` and addresses of of property within 500 feet of the property described in the application. z 4. A filing fee in the amount of $150.00. f Signatu a (Terry L. Birchmie+`) , t RR4; Box 226 A ress f, a, Iowa City, Iowa 52240 } 354-5055 or 356-2723 (wife at work) , Telephone VVV, 1 1 l [ 1 f'. 1 i a .7' _ +016M9 APPLICATION FOR CONDITIONAL USE PERMIT .P.-D.1aEri'XF'WtRW Date 10/25/89 Number To: Johnson County Zoning Commission Johhson County Board of Supervisors In accordance with Article XXXIV of the Johnson County Zoning Ordinance the undersigned requests consideration and approval i of a Conditional Use Permit for the operation of the use pro- posed located at, the property herein described. Proposed Use Workshop and display area for antiques i Legal Description Section 31, Range 5, Township 79 • { iI .111 i 1 ^ Owner of Record Terry L. Birchmier , , This application shall be filed with the County Zoning Adminis- trator complete with the following information:; I, 1. A location map for the proposed site. 2. 10 copies of the required site plan. 3. The.names all owners I` and addresses of of property within 500 feet of the property described in the application. z 4. A filing fee in the amount of $150.00. f Signatu a (Terry L. Birchmie+`) RR4; Box 226 A ress Iowa City, Iowa 52240 } 354-5055 or 356-2723 (wife at work) Telephone VVV, 1 1 1 f'. BB hoop and pole in yax.s le of gravel mi Regular maintenance of the Approximately one-qcarter ma. Road road to this property is the responsibility of the Secondary �� I l . 1 11 1, .1 Department of Jand for all re OhnsOn county for all snow removal oular grading. However, the property owner must pay for one-half of the gr,vc3 which will need to be added every three to five years. The present owner hat just had new gravel added at a cost of about $4SWO. 00 (a VeCEaPt is avuilai;le)* of which the owner pain one-half, rt . 1, -Y--I The road 1:-s 8 good base of gravel, and this is the first new gravel j making an ann'331 Cost of ,bt,Lt S4Q which has bee:, added in 5 years to the property owner. The county road department is very 9090 about the countY's timely snow I eoval and regular Tom expense. The contact person at th, Michael, 356-6046. R. Dean Miller, Pzopzrty Owner ' 320 lOrkwood Avenue I", Lily, IA $2240 I p p usiness is or a workshop and display, area for antiques. The entire `operation will 'be I� containedwithin a 241x481 structure, the location of which will in the rear yard . of a'2.14 acre lot. J As per the Johnson County; Zoning Ordinance, the "home business, I its materials, supplies, and products shall occur in andbe confined to the dwelling or the permitted accessory building or buildings located on the premises." ; If a sign is posted, it cannot exceed two (2) S.F. in area with the name of the home business, and name of the proprietor. ti Date: November 13, 1989 RECOMMENDATION 4. }• The application appears to fulfill the requirements of the .Application: CU8902 Johnson County Zoning ordinance requirements for a Conditional 4; Applicant: Birchmier i Purpose: Conditional Use'Permit for Home Business. Y i Location: Located on the south side of the county road, 1.2 mile southeast of the Iowa City city limits in Scott Twp. p, Existing Site Land Use and Zoning: Residential &Agricultural; A-1 dd I. Surrounding, Land Use and Zoning: All Directions: Agricultural; ANALY8I8: -`. Thisapplication seeks approval of a Conditional Use Permit for a ° home business. This is .an allowed conditional use in'the.A'and R Districts The ro osed homeb f p p usiness is or a workshop and display, area for antiques. The entire `operation will 'be I� containedwithin a 241x481 structure, the location of which will in the rear yard . of a'2.14 acre lot. J As per the Johnson County; Zoning Ordinance, the "home business, I its materials, supplies, and products shall occur in andbe confined to the dwelling or the permitted accessory building or buildings located on the premises." ; If a sign is posted, it cannot exceed two (2) S.F. in area with the name of the home business, and name of the proprietor. RECOMMENDATION 4. }• The application appears to fulfill the requirements of the I! Johnson County Zoning ordinance requirements for a Conditional Use Permit for a home business. Staff recommends approval. f i j 141111 I'....... 4.. _. ,. .._. 1 u.y. .. .... .; ...... - r ...._, ... I I P , Te Am$ 1.It 771 Slnd(c i " " 4i9c--•— t �. r• • (�. it ': •r I r ;. 11 •1 • OfWry cma"15, y ., .. c IIIV pp MW —� 91 til I �.I I .rn. �.u.r.w..n•r. Secdon._�.2_— Township— 7U Range —5 I war ,. ; . ,:; • �' I 'r1� TI1l•n:r,,:•t.- : r , „� s// v4 mom•. 1 t'' iyrrll L' u• 1-14, t 11 t.. fOt Itl1 �' • / 1 1 t:)• I L p�, 1111 _ v`.._ y 4ly_l,,i 1 r, •1 ....... �,5111�1 � (1 Ji.S '� 1 .I ..1 v .•4G• F. r I. 1• I.. ... 1 1'•• -•SII � �B •I ,aa I: is • ki C 1 4 I �. ... _ RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF IDYLLWILD SUB- DIVISION, A SUBDIVISION OF IOWA CITY, JOHNSON COUNTY, IOWA, WHEREAS, the owner and subdivider, Oakes Construction Company, has filed with the City Clerk of Iowa City, Iowa, an application for approvalof the preliminary plat of Idyllwild Subdivision, a subdivision of Iowa City, Johnson County, Iowa; and WHEREAS, the Department of Planning & Program Development and the Public Works i Department have examined the proposed preliminary plat and have recommended approval of same; and i WHEREAS, the preliminary plat has been examined by the Planning & Zoning Commission, and after due deliberation, the Commission has recommended that it be accepted and approved, and that the requirements for minimum block width, as specified in Article III of Chapter 32 of the City of Iowa City Code of Ordinances, be varied to permit the reduction of the 220 -foot minimum block width requirement to 170.42 feet for the block on the east side of Vandalic Avenue, between Foster Road and Vandalic Court; and l " WHEREAS, with the exception of the modification noted above, the preliminary plat is found to conform with Chapter 409, Code of Iowa (1989) and all other statutory requirements,' NOW, THEREFORE, BE R RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, I); r: IOWA; 1. That the preliminary plat of Idyllwild Subdivision is hereby approved with a modification of the requirements of Article III of Chapter 32 of the City of Iowa City Code of I! Ordinances to permit the reduction of the 220 -toot minimum block width requirement to 170:42 feet for the block on the east side of Vandello Avenue, between Foster Road and Vandello Court. 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 plat after passage and approval by law. i i i ai96 T31 i� r MAYOR Appr veds to Form ATTEST: CITY CLERK Department 1 egal 1.: 1 {y ' - - W.. ' To: Planning & Zoning Commission Item: S-8937. Idyllwild Subdivision GENERAL INFORMATION: Applicant: Requested action: Purpose: STAFF REPORT I 1 'i'' 1 Comprehensive Plan: ,+ Applicable regulations: File date: 45 -day limitation period: zu.cu acres. Location: �. r , I Ii 'i ,t• North - Residential and Undeveloped; - Size: RS -5.East - Undeveloped and Religious Existing land use and zoning: ...Institution;. RS -8. STAFF REPORT I 1 'i'' 1 Comprehensive Plan: ,+ Applicable regulations: File date: 45 -day limitation period: zu.cu acres. �. Undeveloped; RS -8. I Ii 'i ,t• North - Residential and Undeveloped; - RS -5.East - Undeveloped and Religious ...Institution;. RS -8. South - Residential; RS -8 West -. Undeveloped; RS -8 t, Land Use: Residential: 2-8 dwelling units per acre. Development Sequence: Phase l: 1989- 1999. Provisions of the Zoning" Ordinance, Subdivision Regulations, " Floodplain Management Ordinance, and Stormwater Management Ordinance, November 16, 1989 i January 2, 1990. a�9c i S 2 L. ?' SPECIAL INFORMATION: i sanitary Public utilities: Adequate water and sewer t+� i j services are available. ` {; Public services: Police and fire protection and sanitation `I services will be provided by the City. d' Hourly transit service is available P immediately northeast of the proposed development. Horace Mann Elementary s School will provide primary education to >" the area. Transportation: The site is accessible to vehicular traffic via Foster Road, Taft Speedway, and an I ' unnamed street. Physical characteristics: Most of the site is located in a low-lying i area associated with the Iowa River Corridor and is subject to Inundation by j the 100 -year flood. BACKGROUND; �I ,• { 1 The subject tract Is aloes -lying, undeveloped parcel located in the city's Peninsula Area. The �! 1 site is bounded by Foster Road on the north, an unnamed street on the west, and Taft Speedway on the south. All but the northwest corner of the tract is located within the 100- (' year floodplain of the Iowa River. The developer proposes to subdivide the 20.80 acre parcel into 63 residential lots. All of the lots within the subdivision are accessible via streets proposed I ;. within the development. The preliminary plat of Idyllwiid Subdivision has been reviewed for its compliance with applicable regulations. Certain issues raised by the proposed development are described in the following analysis. ANALYSIS: Zoning Ordinance Compliance: The subject tract is presently zoned RS -8, the Medium Density Single-family Residential Zone. In conformance with the land use policy established for the Peninsula Area In the 1989 Comprehensive Plan Update, the Planning and Zoning d Commission is presently considering rezoning this parcel and adjacent RS -8 zoned land to the RS -5, Low Density Single-family Residential Zone. All of the proposed lots within Idyllwild Subdivision comply with the minimum dimensional requirements of both the RS -8 and the RS - 5 zones. If each lot in the proposed development were developed with a detached single-family s residential dwelling, the average density of development within the proposed subdivision, r including the area set aside for a stormwater detention basin and for proposed streets, would be 3.0 dwelling units per acre. This average density is well below the maximum permitted density of the RS -8 zone and below the development density allowed in the RS -5 zone. A c majority of the lots, however, are of sufficient size to permit duplexes, a use allowed in the AS - 8 zone but not permitted In the RS -5 zone. If all of the lots of 8700 square feet or more within the proposed subdivision were developed for duplexes, the average development density would I l ,' q be about 5.5, an amount below the maximum permitted density of the RS -8 zone but slightly higher than the development density allowed in the RS -5 zone. Floodplain Management. Located within the floodway fringe of the Iowa River, the site is part of a low-lying area that is susceptible to the 100 -year flood (see Flood Level Map Inset on plat). The applicant intends to elevate much of the site by filling to the elevation of the 100 - year flood. A Floodplain Development Permit issued by the Building Official will need to be secured prior to filling any portion of the site. An approved permit should be submitted at or before the time of final subdivision plat application. Final elevation of individual lots to one foot above the 100 -year flood level Is to occur with the construction of individual homes. Transportation and Access. Access to the site is provided by Foster Road and Taft Speedway both of which intersect with Dubuque Street which is located approximately one- half mile east of this property. Foster Road serves as the principal entryway to the Peninsula Area. The 1989 Comprehensive Plan Update indicates that "...Foster Road will best serve the area's needs as a collector street, functioning as the Peninsula's main trafficway and linking the area to Dubuque Street" (page 110) The existing width of the Foster Road right-of-way (66 feet) will allow this roadway to be eventually Improved to the City's collector street standards. Collector streets are Intended to carry moderate volumes of traffic and to distribute traffic between local streets and arterial streets. The Comprehensive Plan indicates that driveway access for single-family uses onto collector streets may occur but should be limited so as not to Impair the ability of the street to effectively shuttle traffic between local streets and the City's arterial street network. A note has been placed on the preliminary plat of Idyllwild Subdivision which prohibits direct vehicular lot'access onto Foster Road. This limitation produces two lots (Lots 24 and 25) with double frontage on front and rear. Section 32-54(a) of the Subdivision Regulations stipulates that "[I]ots with double frontage... shall be avoided, except in specific locations where good platting indicates their use." Consideration should be given to redesigning the north central portion of the subdivision to eliminate the double frontage lots. Depending upon the redesign, a few lots may have to directly access Foster Road. Reorienting some of the lots in the central portion of the tract toward Foster Road, however, would enhance the Foster Road streetscape and more effectively Integrate the Idyllwild Subdivision with residential development to the north. Currently, Foster Road and Taft Speedway exist as rural ditch section roads In non-compliance with present City design standards. The preliminary plat of Idyllwild Subdivision notes the applicant's understanding that future street and storm sewer Improvements required along Taft Speedway are to be financed via special assessment procedures. The plat should be amended to also note that future Improvements to Foster Road will be financed in a similar manner. The subdivider should submit a signed petition, along with other legal documents at the time of submission of the final plat, that petitions the City Council to pave those portions of Foster Road and Taft Speedway which abut the subdivision, According to Section 32-40(g) of the Subdivision Regulations, this petition waives statutory protections and limitations afforded the petitioner with respect to the cost and assessment of that improvement. Staff has submitted a proposal for the Capital Improvements Plan (CIP) for Fiscal Years 91-93 to elevate and pave Taft Speedway to local street standards. To facilitate the growth and development of the Peninsula Area, as projected by the City's Comprehensive Plan, staff recommends that the CIP for Fiscal Years 91-93 Include the upgrade of Taft Speedway. I f �I f r i 4 An unnamed street which connects Foster Road and Taft Speedway, forms the western boundary of the site. The proposed subdivision Is designed with all lots having access from streets proposed within the new development. The proposed alignment of Sage Street, however, results in the creation of ten lots with frontage on the front and rear. As in the Instance with Foster Road, double frontage lots should be avoided, particularly along local streets. For this reason, the subdivision should be redesigned or the unnamed street should be vacated. The merits of vacating this right-of-way to accommodate the development proposal for Idyllwild Subdivision are discussed in staff report V-8907, dated December 7, 1989. The width of the block on the east side of Vandalic Avenue, between Foster Road and Vandalic Court is less than 220 feet as required by Section 32-54(a)(5) of the City's Subdivision Regulations. The proposed design, however, permits the development of two tiers of lots between Foster Road and Vandalic Court that meet the dimensional requirements of the City's Zoning Ordinance. In accordance with Section 32-7(a) of the Subdivision Regulations, consideration may be given to permitting the width of this block as proposed on the plat. This issue may become moot, however, since the developer is encouraged to redesign the north central portion of the subdivision to eliminate the double frontage lots. Stormwater Management. The general design of the proposed stormwater management system for Idyllwild Subdivision complies with the requirements of the City's Stormwater Management Ordinance. However, preliminary stormwater calculations must be submitted to and approved by the City's Public Works Department. Economic Impact. While the rollbacks of assessed values and tax levies change from tax year to tax year, it is possible to estimate the annual taxes that would be generated by the development of each lot within the proposed subdivision. It is estimated that the assessed value of each lot, including a detached single-family residential dwelling, would approximate $120,000. For tax purposes, the value of residential uses within this tax year are rolled back to 80.6384 percent of their assessed values. The City tax levy presently Imposed upon a residential use Is $12,02810/$1,000 of assessed valuation. Assuming a lot in the proposed subdivision is developed and that the property has an assessed value of $120,000, the amount of tax due on that property this year would be approximately $1,164. If the 63 lots in Idyllwild Subdivision were developed today for detached single-family residential uses, the City would realize an annual increase in the tax base of approximately $73,330. While construction costs to the City in the way of extension of an oversized water main may be required with this subdivision, no Indirect costs such as garbage pickup, maintenance of streets and municipal utilities, and police and fire protection are Incurred. With Increased residential development, local schools, parks, the public library, the transit system, and roadways outside the development are also affected. This subdivision is not expected, however, to impact the City's ability to provide these municipal services. At some point in the future, as residential development occurs In the Peninsula Area, the August, 1989 JCCOG Dubuoue Street Corridor Traffic Stuff anticipates that it will be necessary to Install a traffic signal at the Dubuque Streei/Foster Road intersection to facilitate turning movements and reduce delay. a�9� r. r p. tt (M l 4 An unnamed street which connects Foster Road and Taft Speedway, forms the western boundary of the site. The proposed subdivision Is designed with all lots having access from streets proposed within the new development. The proposed alignment of Sage Street, however, results in the creation of ten lots with frontage on the front and rear. As in the Instance with Foster Road, double frontage lots should be avoided, particularly along local streets. For this reason, the subdivision should be redesigned or the unnamed street should be vacated. The merits of vacating this right-of-way to accommodate the development proposal for Idyllwild Subdivision are discussed in staff report V-8907, dated December 7, 1989. The width of the block on the east side of Vandalic Avenue, between Foster Road and Vandalic Court is less than 220 feet as required by Section 32-54(a)(5) of the City's Subdivision Regulations. The proposed design, however, permits the development of two tiers of lots between Foster Road and Vandalic Court that meet the dimensional requirements of the City's Zoning Ordinance. In accordance with Section 32-7(a) of the Subdivision Regulations, consideration may be given to permitting the width of this block as proposed on the plat. This issue may become moot, however, since the developer is encouraged to redesign the north central portion of the subdivision to eliminate the double frontage lots. Stormwater Management. The general design of the proposed stormwater management system for Idyllwild Subdivision complies with the requirements of the City's Stormwater Management Ordinance. However, preliminary stormwater calculations must be submitted to and approved by the City's Public Works Department. Economic Impact. While the rollbacks of assessed values and tax levies change from tax year to tax year, it is possible to estimate the annual taxes that would be generated by the development of each lot within the proposed subdivision. It is estimated that the assessed value of each lot, including a detached single-family residential dwelling, would approximate $120,000. For tax purposes, the value of residential uses within this tax year are rolled back to 80.6384 percent of their assessed values. The City tax levy presently Imposed upon a residential use Is $12,02810/$1,000 of assessed valuation. Assuming a lot in the proposed subdivision is developed and that the property has an assessed value of $120,000, the amount of tax due on that property this year would be approximately $1,164. If the 63 lots in Idyllwild Subdivision were developed today for detached single-family residential uses, the City would realize an annual increase in the tax base of approximately $73,330. While construction costs to the City in the way of extension of an oversized water main may be required with this subdivision, no Indirect costs such as garbage pickup, maintenance of streets and municipal utilities, and police and fire protection are Incurred. With Increased residential development, local schools, parks, the public library, the transit system, and roadways outside the development are also affected. This subdivision is not expected, however, to impact the City's ability to provide these municipal services. At some point in the future, as residential development occurs In the Peninsula Area, the August, 1989 JCCOG Dubuoue Street Corridor Traffic Stuff anticipates that it will be necessary to Install a traffic signal at the Dubuque Streei/Foster Road intersection to facilitate turning movements and reduce delay. a�9� I 5 STAFF RECOMMENDATION: Staff recommends that the preliminary plat of Idyllwild Subdivision be deferred but that, upon resolution of the deficiencies listed below, the plat be approved. p: Staff further recommends that the Capital Improvements Plan for Fiscal Years 1991-1993 Include the upgrade of Taff Speedway to local street design standards. DEFICIENCIES: 1. The north central portion of the subdivision should be redesigned to eliminate the double frontage lots. I 2. The west portion of the subdivision should be redesigned to eliminate the double frontage lots or the unnamed street should be vacated ! � 3. Preliminary stormwater calculations must be submitted to and approved by the City's II i Public Works Department. a u ATTACHMENT nh\ r Sdou k tyE Imo` �� t t :Location Map. i , ACCOMPANIMENT: 1. Preliminary plat of Idyllwild Subdivision. � k. 0..A\,J Vy} � � ` •S �I W Approved by: ' naid Schmeiser, Director Department of Planning and Program Development ' l , a RM 2C LOCATION MAP S-8937 Idyllwild Subdivision w RESOLUTION NO. 89-287 RESOLUTION APPROVING THE FINAL PLAT OF MOSS WOODS SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owners and subdividers, Stephen and Sonya Moss, have Tiled with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Moss Woods Subdivision; and j WHEREAS, the proposed subdivision Is located in Johnson County and within Iowa City's two j mile extraterritorial jurisdiction; and WHEREAS, said subdivision is located on the following described real estate located In { - Johnson County, Iowa, to -wit: Commencing at a Corner Post, which is Recorded as the Northwest Corner of the Southeast Quarter of Section 34, Township 80 North, Range 6 West of the 5th Principal Meridian, and for the purpose of the Legal Description, the North �I Line of said Southeast Quarter of Section 34 1 d ' s assume to bear S88 1413 E, in accordance with the Plat of Eckey & Christensen Subdivision Recorded in Plat Book 28, at Page 89, of the Records of the Johnson County Recorder's Office; Thence S8800821"E, along the North Line of Said Eckey & Christensen Subdivision, 186.31 feet, to the Northeast Corner thereof; Thence S00045'00"W, along the East Une thereof, 791.30 feet, to the Southwesterly Corner of Lot 3 of l Under Valley (Subdivision) as Recorded in Plat Book 21, at Page 37, of the I Records of the Johnson County Recorder's Office, whichis the Point of Beginning; Thence 88907700'E, 260.00 feet, to a 5/8 -Inch Iron Pin found at the Ii Southeasterly Corner of the Westerly portion of said Lot 3 of Linder Valley; { Thence S00021'21'9W, 553.47 feet, to a 5/8•inch Iron Pin found in the Centerline of Under Road; Thence S00021'21'W, 0.63 feet, to the Southwest Corner of said , Linder Valley (Subdivision); Thence S89020'00"E; along the Southerly Une of said Under Valley, 345.08 feet; Thence S01010'22"W, 548.85 feet, to an Iron Right - of -Way Rail found on the Northerly Right -of -Way Line of Interstate Highway No. 80; Thence N87°02'3B1`W, along said Northerly Right -of -Way Une, 601.07 feet; to i i a 5/8 -inch Iron Pin found; Thence N00042'22"E, 526.08 feet, to a 5/8 -Inch Iron Pin found on the Centerline of said Linder Road at the Southeast Corner of said Eckey & Christensen Subdivision; Thence N00021'21"E, along the East Line of said Subdivision 553.06 feet, to the Point of Beginning. Said tract of land contains 10.74 acres, more or less, and is subject to easements and restrictions of record. ON WHEREAS, a dedication and consent to plat has been made in accordance with the desires j of the owners and proprietors; and WHEREAS, said plat and subdivision are found to conform with Chapter 409 of the Code of Iowa (1989) and all other statutory requirements; and WHEREAS, said plat and subdivision were examined by the Planning and Zoning Commission, which recommended that said plat and subdivision be accepted and approved, ` L. Resolution No. 89-287 a Page 2 ri NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, { IOWA, that said plat and subdivision located on the above described real estate be and the same are hereby approved, and the dedication of the streets and easement are hereby ' f, accepted as by law provided. i c",• e BE IT FURTHER RESOLVED, that the City Clerk of Iowa City, Iowa, Is hereby authorized and directed to certify a copy of this resolution to the County, Recorder of Johnson County, Iowa. The foregoing resolution was moved byBalmer and seconded by Horowitz j at duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center in Iowa City, Iowa on the 19 day of December 1989, commencing at 7:30 PM. Upon roll call, the following vote was taken. r 1 ; AYES: NAYS: ABSENT: X Ambrisco X Balmer_'. ., `9 ^ X Courtney Horowitz X' ,.. r Kubby XX Larson I I� Fringe area: Area 3. " Applicable regulations: Fringe Area Policy Agreement. File date: November 16, 1989 45 -day limitation period: January 2, 1990. STAFF REPORT tt( To; Planning &Zoning Commission Prepared by: Monica Moen it f1 Item: S-8935. Moss Woods Date: December 7, 1989fell I r t Y 1 GENERAL INFORMATION: o , I I Applicant: Stephen Mossld 2019 Mormon Trek Blvd. ' grr Iowa City, Iowa 52246 Phone: 351-8593 , r Requested action: Final subdivision plat approval.I ' r Purpose: To establish an eight -lot single-family i residential subdivision. �I i ` Location:.Both sides of Under Road, west of Under ti t tValley Subdivision and Agudas Achim i Cemetery. Size: 10.74 acres. I '; ' f Existing land use and zoning: Single-family residential, ri a cultural and 9. + + undeveloped; County RS -Suburban I '1 tt Residential or' Surrounding land use and zoning: North - Single-family residential and undeveloped; RS. r' East - Single-family residential and, 7, cemetery; RS. South -Interstate 80. ' West - Single-family residential; RS. I Fringe area: Area 3. " Applicable regulations: Fringe Area Policy Agreement. File date: November 16, 1989 45 -day limitation period: January 2, 1990. it t Y 1 o , grr , r _ which intersects with Linder Road I; Topography: The topography of the tract generally tails is 2 SPECIAL INFORMATION: point on the south side of Lot 7. Except Public utilities: Public utilities are presently not available. I agricultural purposes, the site is tree- Individual septic systems would provide " .. ._covered. sewage disposal for each of the eight lots. On September 19, 1989, the City Council approved the preliminary plat of Moss Woods, an Lots 1 through 6 would be served by a eight -lot single-family residential subdivision located immediately north of Iowa City on Under communal well and private water Road. The Commission will recall that Linder Road divides the 10.74 acre parcel Into two distribution system. Lots 7 and 8 would I i The entire tract is located within Fringe Area 3 of the Fringe Area Policy Agreement between i6 be served by Individual wells. the City's extraterritorial area. Development within Fringe Area 3 is required to conform to the Public services: Police protection would be provided by of Moss Woods has been reviewed for its compliance with these standards; plat deficiencies Johnson County. Fire protection would STAFF RECOMMENDATION: be provided by the Coralville Fire deficiencies and discrepancies listed below, staff recommends the plat be approved. Protection District. ;i Transportation: Lots 1 through 6 are accessible via a cul- r' 1 de -sac street which intersects with Linder Road. Lots 7 and 8 are. accessible via . r " a4 -foot wide common access easement ! which intersects with Linder Road Topography: The topography of the tract generally tails to the north and the south from a high. point on the south side of Lot 7. Except for those portions of the tract used for, I agricultural purposes, the site is tree- " .. ._covered. ANALYSIS: On September 19, 1989, the City Council approved the preliminary plat of Moss Woods, an eight -lot single-family residential subdivision located immediately north of Iowa City on Under Road. The Commission will recall that Linder Road divides the 10.74 acre parcel Into two parts. Two lots are located north of Under Road; six lots are located south of this roadway. i The entire tract is located within Fringe Area 3 of the Fringe Area Policy Agreement between Johnson County and Iowa City. Residential development is encouraged within this part of ! the City's extraterritorial area. Development within Fringe Area 3 is required to conform to the County and City Rural Design Standards enumerated in the Fringe Agreement. The final plat of Moss Woods has been reviewed for its compliance with these standards; plat deficiencies and discrepancies are listed at the end of this report. STAFF RECOMMENDATION: Staff recommends that the final plat of Moss Woods be deferred Upon resolution of the deficiencies and discrepancies listed below, staff recommends the plat be approved. f 3 1 I' • 3 DEFICIENCIES AND DISCREPANCIES: 1• Obtain approval of construction drawings and final stormwater storage calculations. 2. Obtain approval of all legal documents. AITA�ENT: i 1 • Location Map. i ACCOM�ENT: t • Final Plat - Moss Woods. �! I I Approved by: Donal Schmeiser, Director Department of Planning I 1 �tlAJ+ and Program Development r - `� DI � NfF4'� t?• � 1 +sy r r��l} ;rtf , d ibt I i� � • 1 i � i � R W 1 tY • ,� i v r 11 DER . a I .i '� {^' • RD ••� I• 'til a r I CITY OF IOWA CITY .iii.. A y -r 4 A a t; R AVER 10 P f 3 NORTH /I\ o?�9i RESOLUTION NO. 89-288 RESOLUTION APPROVING THE FINAL PLATS OF PEPPERWOOD ADDITION, PARTS 8, 9, 10 AND 11. WHEREAS, the owner and subdivider, Braverman Development Company, Inc., has filed with the City Clerk, the final plats of Pepperwood Addition, Parts 8, 9, 10 and 11, Iowa City, Johnson County, Iowa; WHEREAS, said subdivision is located on the real estate located in Iowa City, Johnson County, Iowa, described in Attachment A to this Resolution; and 1. WHEREAS, a dedication and consent to plat has been made In accordancewith the desires of the owner and proprieior, and WHEREAS, said plats and subdivision are found to conform with Chapter 409 of the Code of Iowa (1989) and all other statutory requirements, with the exception of modifications noted below; and WHEREAS, said plats and subdivision were examined by the Planning and Zoning Commission, which recommended that said plats and subdivision be accepted and approved, and that the requirements for minimum block width and for cul-de-sac design, as specified In Article III of If Chapter 32 of the City of Iowa City Code of Ordinances, be varied as follows: 1. Reduction of the 220 -foot minimum block width requirement to 146.74 feet for io the block between Pepper Drive and Chestnut Court along the west side of Birch Street, as illustrated on the final plat of Pepperwood Addition, Part 11. 2. Modification of the cul-de-sac design requirements proposed for Balsam and Chestnut courts as illustrated on the preliminary plat of Pepperwood Addition, Part 8, approved by the City of Iowa City on June 13, 1989. ; i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said plats and subdivision located on the above described real estate be and the same are hereby approved, and the dedication of the streets and easements are hereby accepted as by law provided. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. The foregoing Resolution was moved by _ Balmer and seconded by Kubbv at a duly convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center in Iowa City, Iowa, on the 19 day of December ' 1989, commencing at 7:30 P.M. Upon roll call, the following vote was taken: i i I i, ii Z 'f t I 1, L. I `I - -.tom 11 Resolution No. 89-288 Page 2 �r ;, AYES: NAYS: ABSENT: E' X Ambrisco X Balmer X Courtney X Horowitz X Kubby X Larson X McDonald Passed and approved this 19th day of December 1989, �! i✓ Y YOR a; Approved as to Form r sx ATTEST - CITY a;�,� ;. o{! n r /,✓ / �; ",' ! s ffCLERK Leg I Department '24'0' i y E1 1 r j 1.11 C- I 12/19/89 18:30 X3183546962 PHELAN TUCKER X002 ' t' f a' f � �f.PG2lftFiv� W i. Pepperwood Addition, Part 0: 1 A subdivision in the South Half of the Northeast quarter of section 22, Township 79 North, Range 6 West of the Fifth Principal Meridian, in Iowa City, Iowa, described as: Beginning at the southeast corner of Block 3, j Braverman Center as recorded in Book 7, Page 9 of the Johnson County Recorder's records, said corner being also the northwest corner of Pepperwood Addition Part 4 as recorded in Book 25, Page 10 of the Johnson County Recorders records; thence following the westerly and southerly line of said Part 4: S 0°260 20"W, 120.00 feet; thence southwesterly 23.56 feet along a 15.00 foot radius t curve concave northwester) to a Y point that lies j S 45° 261 2011 W, 21.21 feet of thelastdescribed point; thence S 0" 26' 20" W, 66.00 feet; thence s 89° 33' 40" E,-,..15.00. feet to the northwest. .corner .,oP Pepperwood Addition Part as 6 recorded in Book 25, Page 10 of the Johnson county Recorder'srecords; thence following the westerly line of said Part 6: S 0° 26! 20" W,, 60.00 feet; thence S 11" 47' 29" W, 61.96 feet to the northeastim corner of Pepperwood Addition Part 10; thence following the northerly and westerly line of said Part lo. S 870 20' 26" W, 186.92 feet; thence S 680. 241.27" W, 85.96 feet; thence S 560 34' 04" W, 56.26 feet; thence S 450 00' 43" W,' 66.67 . feet; thence S 400 48' 43-1 W, 57.52 feet; thence S 32" 24'_43" W, 57.52 feet; thence, S 240 001 4311 W, 57.52 feet to the northeast corner of Pepperwood Addition Part 9; thence following the northerly line of said Part 9: N 70°'11' 179 W, 120.00_ feat;.thence N 56" 05'"4911 W, 67.80 feet; thence N 680 33' 12" W, 120.00 feet to the northwest corner of said Part 9; thence N 240 27' 50" E, 81.24 feet; thence N30° - - 09' 36" E, 50.00 feet; thence N 350 511 22" E, 81.24 feet; thence N 410 56' 33" E, 74.82 feet; thence N 459 00' 43" E, 66.67 feet; thence N 46^ 041 11" E, 80.25 feet; thence N 53° 30' 43" E, 50.00 feet; thence N 62- 271 19" E,' 90.22 feet; thence N 729 25' 02" E, 80.40 feet; thence N 826 121 10" E, 80.40 feet; thence N 77° 44' 27' E, 71.94 feet to a point on the south line of said Block 3; thence following the south line of said Block 3: S 890 331 40" E, 140.00 feet to the point of beginning. Said Pepperwood Addition Part 8 contains 5.48 acres, more or less. I � i r i a 12/19/89 16:31 TY3193546962 PHELAN TUCKER X003 - 2 - and Pepperwood Addition, Part 9: A subdivision in the South Half of the Northeast Quarter Of Section 22, Township 79 North, Range 6 West of the Fifth Principal Meridian, in Iowa City, Iowa, described as; Commencing at the southwest corner of Pepperwood Addition Part 7 as recorded in Book 25, Page 10 of the Johnson County Recorder's office; thence following the south line of the Northeast Quarter of Section 22, Township 79 North, Range 6 West of the Fifth Principal Meridian, N 890 59, 1711 W, 684.17 feet to the southwest corner of Pepperwood Addition Part 11 and the Point of Beginning of Pepperwood Addition, Part 9 herein described; thence N 890 59, 1791 W, 306.00 feet to the northeast corner of a Ten Acre Parcel as recorded in Book 13, Page 61 of the Johnson County Recorder's records; thence N 06 001 4311 E, 538.66 feet; thence N 79 041 5901 E, 75.49 feet; thence N 120-23'-14° E 73.61 feet; thence N IS- 251 3611 E, 73.61 feet to the southwest corner of Pepperwood Addition Part 8; thence following the southerly line of said Part 8; S 680 331 1211 E, 120.00 feet; thence S 560 051 4911 E, 67.80 feet; thence S 706 1711 E, 120-00 feet to the southeast corner of said P Part 8 and a point on the westerly line of Pepperwood Addition Part 10; thence following the westerly line of said Part 10: S 90 22 1811 W, 121.70 feet; thence easterly 18.04 feet along a 906.47 foot radius curve concave southerly to a point that lies S 800010 E 031 3 1 18.04 feet of the last described point; thence S 109 301 4311 W., 111.67 feet; thence S 06 441 0411 W, 66.68 feet; thence S 00 001 4311 W, 26.51 feet to the southwest corner of said Part 10 and the northwest corner of Pepperwood Addition Part li; thence following the west line of said Part 11: S 00 001 4311 W, 306.84 feet to the Point of Beginning. Said Pepperwood Addition Part 9 contains 4.94 acres, more of less. and Pepperwood Addition, Part 10: A subdivision in the South Half of the Northeast Quarter of Section 22, Township 79 North, Range 6 West of the Fifth Principal Meridian, in Iowa City, Iowa, described as Commencing at the. northwest corner of Pepperwood Addition Part 6 as recorded in Book 25, Page 10 of the Johnson County Recorder's records; thence following the westerly line of said Part 6: S 00 261 2011 W, 60.00 feet; thence 8 110 471 2911 W, 61.96 feat to the southeast corner of Pepperwood Addition Part 8 and the Point of Beginning of Pepperwood Addition Part 10 herein 12/19/89 16:32 %`3193546962 1 PHELAN TUCKER - 3 - 16004 T described; thence following the westerly line of said Part 6: S i 1t. 110 47' 29" W, 60,00 feet; thence S 9° 1 W, 80.87 feet; thence 5' 50" S 0° S 100 45' 48" E, 80.87 feet; the 1 ceBS 20°f 461, 37'nge 80.87 feet; thence S 306 38' 09" E, 80.87 feet; thence S 370 33' 40" ; E, 49.51 feet to the northmost corner of Pepperwood Addition Part 11; thence following the northerly line of said Part 11: S 49° 00' 43" w, 125.70 feet, thence S 52° 26' 48" W, 50.09 feet; thence 00' S 490 43'thenceB7.31 N 79 feet; thence N 54° 32' 24" W, 77.90 feet ° 291 2711 W, 251.62 feet; thence 5 640 131 57" W, 61.59 feet to the northwest corner of said Part 11 and a Pointon the easterly line of Pepperwood Addition Part 9; thence following the easterly line of said Part _ 9: N 00 00',43" E, 26.51 feet; thence N 00 44' -- 04";E, 66.68 feet; thence N 10° 30' 43" E, 111.67 feet; thence westerly 18.04 feet along906.47 .a foot radius curveconcavesoutherly to a"Point that lies .N 80° 03' 3011 W, 18.04 feet of the last described point; thence N 96 22' 18" E, 121.70 feet to the northeast corner of said Part 9 and h Part as thence following the southeasterlywood lineRtion ofisaid Part 8:N5240 00' 43" E, 57.52 feet; ' 57 thence N 32° 241 4311 E 572 thence N 450 00' 4311 Een66.674feet;tthence N 560 34£804° E, 56.26 feet; thence N 680 24' 27" E, 85.96 feet; thence. N 87° 20' 26" E, 186.92 feet to the Point of Beginning. Said Pepperwood Addition Part 10 contains 5.80 acres, more or less. and Pepperwood Addition, Part 11: A subdivision in the South Half of the Northeast Quarter Of Section 22, Township 79 North, Range 6 west of the Fifth Principal Meridian, in Iowa City, Iowa, as; Beginning at the southwest corner of Peescribed Pper Addition Part 7 as recorded in Book 25, Page 10, ofwood the Johnson County Recorder's records; thence following the south line ` of Township 79 North, uarter of 22, Rangeh6aWest of the Fifth PrincipalSection Meridian: N 896 59' 17" W, 684.17 feet to the southest corner of Pepperwood Addition -Part 9; thence following the east line of said Part 9: N 0° 00' 43" E, 306.84 feet to the southwest corner of Pepperwood Addition Part 10; thence following the southerly line of said Part i0s ° " N 64 13 57 E, 61.59 feet; thence South 79° 29' 17" E, 251.62 feet; thence S 5 4° 32' 24" E, 77.90 feet; thence N 49° 00' 43" E, 87.31 feet; thence N 52° 26' 48" E, 16004 0 i 1t. I I ; 0 .... einem.. �.r�..�.�... ii•,, f ....----- . ............ .... .... .... ... ..........- ..... .. .. ...,... ...... .... .. �. .. r.. _ 12/19/89 16.33 X3193546962 PNELAN TUCKER 2005 - 4 - 50.09 feet; thence N 49" 00' 43" E, 125.70 feet to the eastmost corner of said Part 10 and a point on the southwesterly 'line of Pepperwood Addition Part 6 as ' recorded in Book 250 Page 10 of the Johnson County, Recorder's records; thence following the southwest line of said Part 6: -8 370 33' 40" E, 102.70 feet; thence S 66" 42' 01" E, 96.62 feet to the northwest corner of 'said ' Part 7; thence following'the westerly line,of said Part -, 7:, S0° 00'.'43" W, 120.00 feet; thence N 89" 59' 17" W, I i 34.00 feet; thence S 00 00' 43" W, 173.26feet to the Point of Beginning. Said Pepperwood Addition Part 11 contains 5.10 acres, more or less. j l J� �I r;: f , I l,i• ' 1I � Y r A I 1 ( 9 AIY�rt rte!'.• ,'� {{ Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Approval of final subdivision plats. To establish a total of 82 single-family residential lots f / - 1 i u Additions development on Sandusky and Pepper drives extended. „ Part 8 - 5.48 acres Part 9 - 4.94 acres Part 10 - 5.80 acres I Part 11 - 5.10 acres Agricultural; RS -5. �V l r North - Mobile Home Court and Undeveloped; RFBH & RM- '. 12. STAFF REPORT East - Single-family Residential; RS - t i South - Undeveloped; ID -RS and ID - RM, $ To: Planning & Zoning Commission Prepared by: Monica Moen I Land Use: 2-8 Dwelling Units/Acre. Item: S-8940. Pepperwood Addition, Date: December 7, 1989 Development Sequence: Phase I: 1989- i Parts 8, 9, 10, 11. 1999. GENERAL INFORMATION: t Applicant: Braverman Development, Inc. 325 East Washington Street Iowa City, Iowa52240 a Phone: 337-4195 Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Approval of final subdivision plats. To establish a total of 82 single-family residential lots f West of theexisting Peppenvood i u Additions development on Sandusky and Pepper drives extended. „ Part 8 - 5.48 acres Part 9 - 4.94 acres Part 10 - 5.80 acres I Part 11 - 5.10 acres Agricultural; RS -5. i l r North - Mobile Home Court and Undeveloped; RFBH & RM- '. 12. East - Single-family Residential; RS - South - Undeveloped; ID -RS and ID - RM, West - Undeveloped; ID -RM. Land Use: 2-8 Dwelling Units/Acre. Development Sequence: Phase I: 1989- i 1999. 3 >, Applicable regulations: File date: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION: Public utilities: Public services: i Transportation: Physical characteristics: Zoning Ordinance, Subdivision Regulations, Stormwater Management Ordinance, November 16, 1989. i January 2, 1990. January 15, 1990. I Adequate water and sanitary sewer I I services are available. j Police and fire protection and sanitation services will be provided by the City, i II Transit serviceIs available at the intersection of Keokuk Street and I Sandusky Drive. Access is provided via Keokuk Street and 11 the extension of Sandusky Drive; with full I 1 development, secondary access is I ; available via Broadway Street -Sandusky` Drive - extension of Pepper Drive to f Sandusky Drive extended. I+ The site is characterized by moderate I) slopes which drain primarily to the north i and east. _ BACKGROUND: In June, 1989, the City Council approved the preliminary plat of Pepperwood Addition, Part 8, I �' an approximate 22 acre, 82 lot single-family residential subdivision located immediately west of existing Pepperwood Additions development on Sandusky and Pepper drives extended. The preliminary plat of this subdivision was approved with modifications of the provisions of Article p. III of Chapter 32 of the City of Iowa City Code of Ordinances which specify minimum block' length and width requirements and cul-de-sac design requirements. She applicant now requests final plat approval of this development. In conformance with Section 32-39(a) of the Subdivision Regulations, which permits final plat approval of portions, Y� of the' development Illustrated on a preliminary plat if those portions can function as separate 1 developments, the applicant has divided the proposed development illustrated on the preliminary plat Into four areas and has submitted a final plat for each of the four areas. The four final Diets have been reviewed for their comDliance with aoolicable reoulations. Plat ,,i; deficiencies are listed at the end of this report, j j _ 3 s ANALYSIS: N Zoning Ordinance Compliance: The final plats of Pepperwood Addition, Parts 8, 9, 10 and _ [ t; 11 are in compliance with the requirements of the RS -5, Low Density Single -Family Residential Zone. v Subdivision Regulations Compliance: It Is staff's opinion, that each portion': of Pepperwood Addition, as Illustrated on the final plats of Parts 8, 9, 10 and 11 of that development, can function as separate developments. It is, therefore, appropriate for the applicant to submit I? separate plats for each of the proposed four areas. Each of the four areas conforms with the design parameters of the preliminary plat of this development, Including a reduction of the block width requirement for the block between Pepper Drive and Chestnut Court along Birch [ Street, as illustrated on the final plat of Pepperwood Addition, Part II and modification of the cul-de-sac design requirements for Elm and Chestnut courts as shown on the final plats of I , Pepperwood Additions, Parts 10 and 11. STAFF RECOMMENDATION: Staff recommends that consideration of the final plats for Pepperwood Addition, Parts 8, 9, 10 i . and 11 be deferred. Upon resolution of the deficiencies listed below, it is staff's recommends- tion that the plats be approved with the fallowing Subdivision Regulation requirement variations: t 1. Reduction of the 220 -foot minimum block width requirement to 146.74 feet for the block between Pepper Drive and Chestnut Court along Birch Street, a 2. Modification of the cul-de-sac design requirements to allow the design proposed for Elm and Chestnut courts as illustrated on the preliminary plat of Pepperwood Addition, Part I i 8, approved June 13, 1989. G f DEFICIENCIES: 1. Obtain approval of all legal documents. v V 2. Obtain approval of construction drawings. p ATTACHMENT:„ _ 1. Location Map. ACCOMPANIMENT: r, 1. Final plats of Pepperwood Addition, Parts 8, 910 and i..� Approved by: Wald S0 melser, Director apartment of Planning and Program Development t 07/99 I� I � I ''-I '�� � I