HomeMy WebLinkAbout1977-03-29 Correspondence• HOED 1917
` Johnson county
regional planningcommission
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IsaLr_I Turner cta,w.
'.221/2 south.dubuque street" Iowa city, iowa 52240 (319)351-8556 Emil L Brandt al«�
March 21, 1977
pp 22
Ml'A R?l19
it Council
Cy
City. of Iowa City ABBIE $ T OLF
Civic Center!CITY CLERK
Iowa City, IA '52240
Dear Members of the Council:
At;the regular monthly meeting of the Johnson County Regional
Planning Commission on'March 16, 1977, the Regional Planning
Commission briefly discussed the current dispute 'between :Iowa
.:City
and University,Heights.' The discussion grew out of the
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Commission's clearinghouselreview of Iowa City's application
fora Sewer System ,Evaluation Survey.' As a'result of the dis
y.
cussion;"the Commission moved to offer the assistance of lthe
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Regional,, Planning Commission.in helping to resolve the current
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i 'difficulties•betweenr•the
two: communities. The'Commission's
assistance is to be contingent upon''a stated interest by both
parties in the 'Commission 's participation.
1Ve would: be happy to explore this matter with youi greater
detail `if you are interested.
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Sincerely,
,
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Isabel Turner
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Chairperson
(Similar, letter also sent to City Council, City of University
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Heights.)
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STAFF
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;,. 10: Planning and Zoning Commission
Prepared by: Bon Schmciscr,
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Item: S-7712. Wendram Bluff
Datc: March 17, 1977
aSERAL INFORMATION
Applicant:
Lawrence Short and Kenneth Belle
219 South Madison Street
Iowa City, Iowa 52240
Requested action:
Preliminary plat approval
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Purpose:
To establish 33 lots for single
family residences
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h Location:
North of Linder Road and east of
Old Highway 218 ,(North Dubuque
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Street) in Johnson County
s Size:
40.8 acres
s Existing landuse:
Undeveloped
Surrounding land use:
North - Iowa: River
Gast- undeveloped (Lime Kiln'
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Farm Estates Addition)
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South (across Linder, Road) -
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:'Interstate 80
West (across.Old'218) - Partially
developed with single family
residences
Applicable regulations:
Subdivision Ordinance provisions of�
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Chapter 9.50 of the Municipal Code.
;++ 45 -day limitation period:
4/4/77
� -;SPECIAL 'INFORMATION
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)Public utilities:
No public utilities are proposed
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(seer ANALYSIS, attached letter
dated February 17, 1977, and memoran-
dum dated February, 25; 1977).
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Public. services:
The only public services that would
be, provided 'are,police and fire
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protection from orthrough the
County.
'transportation:
Vehicular access to the subdivision
will. be provided from Linder Raod.
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Physical characteristics: The topography is gentle to severe
with a slope range of from 2 to
over 25 percent. The site is
composed of two soil types
including: (1) the Fayette Series
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which has a slight to severe effect
upon residential development with
septic tank disposal fields, and
(2) the Steep Rock Land Series
along the Iowa River bank. The
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site is 95. percent tree. covered.
ANALYSIS
The site of Wendram Bluff perceptuallyhas particular characteristics which are
very at to residential development. However,;
very constraints which
result from these inherent features must be overcome via methods and improve-
ments which will not- result in future problems for the residents.
The Fayette Soil Series, the predominate soil in Iowa City, hasonlyslight to
moderate' limitations affecting, residential development with a''sanitary sewer
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system on slopes of less than 18 percent. However, on slopes of greater than
nine percent with private individual sewage disposal systems, the limitation
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'severe. As most of, the, has slopes exceeding well above nine'percent,
the!use of private sewage disposal systems becomes an obvious concern.
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Sanitary sewer service is notlphysically accessible to the site.,, The only
other possible alternative toprovidingadequate sewerage disposal is a central
sewage disposal:system. The methods of sewerage disposal should be carefully
explored in selecting a system which will provide adequate disposal.
The construction and installation of public improvements including sanitary
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sewers and incompliance with 'City specifications is again anj,area of concern
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toithe Staff:. Except for the installation of water mains and,fire hydrants, no
other improvements meeting design'standards are proposedi It is, of course,
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realized that any sanitary sewers installed would be nonfunctional (unless
installed for a central sewage disposal system), but at such, time as sanitary
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sewer. service is extended to.the site, the lines could be easily connected.
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Clearly the options available to the City arc to require that all improvements
required by.the Subdivision: Ordinance be constructed or installed or.that
waiver be granted in the provision for, these improvements until such timeas
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'the lsubdivision is annexe& to;the City'. The latter option is 'a policy which had '
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been(;established for subdivisions within the extraterritorial jurisdiction of
the City.
The Stiff has strongly advocated construction and installation of improvements
meeting City design criteria at the outset, but it is also realized that action
eff ectuating',a change',in policy is necessitated The, Staff, nevertheless, feels
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that 'I'certain 'minimum ldesign 'specifications should be employed.and that con-
structian plans shouldbe submitted for improvements meeting City design
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standards.
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RECOMMENDATIONS
It is the recommendation of the Staff that consideration of the preliminary
plat; be deferred pending discussions with the applicant and the Commission
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and resolution of the deficiencies and discrepancies noted below. A recommen-
dation for ,;approval _is not being submitted at this time.
DEFICIENCIES, AND DISCREPANCIES
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1. The pavement location within the rights-of-way of existing and proposed
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streets'should be illustrated on the plata
2. The distance between pavement centerlines of Linder Road andLPendal'e
Terracelrshould be minimum of 125 feet and indicated on the :plat.
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3. Lot lines in Lime Kiln Farm Estate's Addition, which intersect the
easterly boundary line, should be shown on the plat.
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4. A complete legal description of the subdivision should be ,included on
'the plat.'
S. Fire hydrants, pursuant to the Fire Chief's recommendation, should be
spaced 300 feet apart and located on the plat. The water supply system
'''should be designed to provide a minimum flow of 500, gallons per minute
-for, al one=hour. duration.
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G. The size and location of all existing storm pipes bordering the sub-
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J division should be indicated on the plat!
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7. The street name "Lawrence Drive"should be changed to "Lawrence Court"
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on the plat.
8 A minimum'four-inch asphalt surface with asix-inch stone base should
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be•provided for all proposed streets and,indicatedrin the street cross
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section detail on the plat.
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9 Sideslopes to proposed streets should be at a minimum of a 6/1 slope,, six
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feet-from the paved surface, and noted in the street cross section detail
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on,the plat.
'10. Construction plans, for the construction of all public improvements required
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bylthe Subdivision',Code should be submitted.
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11. The location of easements necessary for the future installation of
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sanitary and storm sewers should be shown on the plat.
ATTACHMENTS
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1.. Location map.
2., Letter from the applicant's land planner.
3.' Memorandum from the Engineering Division.
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ACCOMPANIMENT
Fl
Preliminary plat. Approved by:
D nnis Kraft, Di c r, DCD
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•CITY OF IOUA CITY
DEP(,I1Tf:MT OF PUBLIC UO,ItS
11EMORA11DU
DATE: February 25, 1977 `
TO. Don Schmeiser, Senior Planner
FhQ;.1• Frank Farmer, Civil Engineer�� ,
RE: Wendram Bluff Preliminary Plat (Filed 2-18-77)
The Fngineering Division' recommends that all requirements. of Chapter 9:50
of the, Code of'Zowa'City be satisfied; for all subdivisions within juris
diction'of the City. 'Allowing van ancesifor these requirements:has made
it more and more appealing to ,subdivide just outside the city limits.
This area is located within one-half mile of the present city limits and
'all city services could be furnished immediately except sanitary; sewer
and water, with: water only having to cross the interstate to be available.
m` Various problems', with this subdivision as,submitted, other than not
s prodiding paved streets,, '"s
' sanitary sewer, 'storm sewer and sidewalks are
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>�as;fol]ows:
'< Septic Tank System: The terrain at this location is very steep with slopes
ar' gr cater.'than 9and some, as much as 30% and more. With these steep slopes
CP y not to work as required,' thus, spilling out
se tic fields have a tendency
and running across the,ground surface polluting the pond and possibly the
' wells.'ilThis would also create:a'bad odor,°and sight problem. Part of the area
cast of.;Pr`du Chien and north of Dodge Street with comparable terrain
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are'on'Septic Tank' Systems and these same problems now exist.
Pa,more!
One method of helping to'eliminate this problem would be to increase the
size of :the lotslthus decreasing `the number of lots and septic fields. Asa comparison,'the average lot size for Lime Ki]n Farm and Oakridge Estates
is over2 acres ForWendram Bluffs the 'average lot size including the
open space is 1.23 acres, with some of them as. small as one-half acre withno open :space abutting them. Tiventy (20)`,lots at this location would seem
,reasonable number!.unless `sanitary sewer system is installed.
The cul-de-sac on Lawrence Drive is longer than the allowed 900' as stated*
'on`,9'50.5 of, Municipal Code. I
eh dntersection of more than two; streetsat a point such as Lawrence Drive,
Pendale Terrace and Linder Road is, not 'allowed.
Show lot lines of bordering Lime:Kiln'FarmrEstates.
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February 17, 1977
Mr. Judd Depaski
Zoning Administer
Johnson County Zoning
-Court House -
Iowa City, Iowa
re: Wendram Bluff
Preliminary Plat
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Dear Judd;
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We are pleased to submit to you the Preliminary
development tVendram Hluff.',
Plat for our proposed
33: residential lots
We!have planned lots
clustered'arouna a:common open space, lots A and
from b.5
B on:ahe Plat, The 33 lots 'range in size
with a net average of 0.75 acre
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acre, 0 1.8 acre,
per lot. Including',' lots the 0� acre pondrand 1.8
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right of way (excluding .ross average is
road surface) their,g
.acres'for
1.15.E acre per lot.,,
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The! following systems will:be used to serve
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the development:
WATER 2 wells,' storage tank, ;treatment
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6".i distribution mains,
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..facilities,
and hydrants -(pond is. available
for'additional",fire protection)
be by
This system will maintained
the homeowners' association.
WASTEWATER* individ treatment systems
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ELECTRIC underground service by Iowan
Illinois Gas and Electric
GAS Iowa -Illinois Gas and Electric'
TELEPHONE underground service by
Northwestern Bell
FED l 0107
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STAFF REPORT
Planning and Zoning Commission
September 16, 1976
SUBJECT:- S-7625. Preliminary and final Planned
Area Development plan, and preliminary
plat of Orchard Court located west of
Orchard Street extended northerly
and south of the CRIF,P Railroad; date filed: 8/18/76; 45 -day limitation:
10/2/76.
STAFF The subject 2.66 acre tract is zoned
ANALYSIS: RIB and located immediately west of
Hartwig Motors Inc. and north and
east of single family dwellingson
'Orchard Street and single family dwellings on Giblin Drive which rear upon
the tract, -respectively. .`Alvin F..Streb and Mary Joan,'Streb have submitted
'a proposed development plan',and plat for a mixture of single family, two
family'and multiple family dwellings on separate lots at an overall average
density minus street area: of approximately 6000 square feet per unit which
is the minimum lot size requirement in the RIB Zone.'.
There are two very obvious constraints in the development of the property
for residential use under the existing zoning -- Hartwig Motors an&the
railroad which abut the property on two sides. Duplexes and apartment
" buildings,under these circumstances would be more salable than would single
family dwellings. _'And, it can be assumed' -there will be fewer residents
exposed tothese adverse conditions considering the average family size
of duplexes and apartments vssingle family dwellings.
Perhaps the question is whether the property should be developed for some
nonresidential use.', With residential developmentexisting on two sides of
,.{ the tract, however„ a nonresidential use; 'except for a park,, would only
perpetuate an already existing undesirable living environment.' The Staff
_ is.inclined to believe that the proposed use of the land is the most acceptable
but that every attempt should be made to buffer the existing adverse. effects
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upon the property.''
The -Planning and Engineering Divisions have reviewed the subject combined plan
' and plat '.and suggest that the following changes be incorporated in the
development plan:
1. The average density calculations ;(total area -street area) units =
square feet/unit,, should be shown on the plan.' The staff actually
calculated only 5,976 square feet per unit which is less than permitted +'
(area of the street should be calculated via latitudesand 'departures).
sK� 2. `. Although heavy natural. vegetation currently exists along the railroad,
additionalevergreen trees shouldbe:plantedforwinter-screening.
3. Additional right-of-way for aiuniform extension of Orchard Street
should,be indicated.
r' 4. The current status of an'alley lsouth of the tract should be indicated
Public,
or -private.
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5. A signed statement generally describing the proposed development and
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setting forth an intended time schedule should be submitted.
6. Two sets of elevation plans had been submitted for the multi-family
apartment'. buildings. The Staff was not certain which one was being
proposed. Heights of,existing land proposed buildings are not indicated.
7. Although request is made for consideration of a combined preliminary
and final PAD plan and preliminary plat, an application fee was not
paid for a. preliminary plat.' _
8. Fire hydrants should be located persuant to the Fire Chief's recommendations.
9. A typical cross section'of parking areas and roadways) should be included.
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STAFF It is the Staff's recommendation that
RECOMMENDATION: considerationof the subject plan and
plat be deferred until revisions)
incorporating all above items are made.
Upon considerationof the PAD plan, it is the Staff's 'further recommendation
that variances be granted in the following:
):••The setback of the existing house to Orchard Court. As a public street,
Orchard Court is located in perhaps the most functional manner possible.
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',[The frontage requirement of Lots 6 and 7, since a common driveway is
being provided to both lots.
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STAFF
REPORT
To: 11Ionning and Zoning Commission
Prepared hy: Ibn Schinciser
Item:Bryn Mawr Heights, Parts VIII,
Date: March 17, 1977
IX and X
GENERAL INFORMATION
Applicant:
Bryn Mawr heights Development Co.
421 Highway 1' West
Iowa City, Iowa 52240
Requested action:
Final plat approval
Purpose:
To establish 66 lots for'single
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family residences
Location:
West of Sunset Street and south
of Denbigh Drive and Penkridge
Drive
Size:.
20.02 acres
Cxisting land_use and zoning:
edand RIB
Undevelo '
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Surrounding land use and zoning:
North - Single family residences
and RIA and RIB
Fast - Single family residences
and RIB
South - Undeveloped and RIB _
West - Single family residences
andR1B
Applicable regulations:
Subdivision requirements of Chapter'
9.50 of the Municipal Code
45 day, i.limitation period:
4/1/77
60 day limitation period:
4/16/77
SPECIAL INFORMATION
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Public utilities:
Adequate central water and sewage
service are available.
Public services:
Sanitation service is available
as well as police and fire
protection.
Transportation:
Vehicular access willbe provided
from Sunset Street,' Penkridge
Drive, Denbigh Drive and Hafor
Drive. Pedestrian access will be
provided via 10 -foot dedicated
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walkways from Penfro Drive to
Penkridge Drive and from Denbigh
Drive to the south.
Physical characteristics: Topography is gentle to severe with
a slope range of from 2 to 16 per-
cent, soil type is Fayette which
has a slight to moderate limitation
affecting residential development.
ANALYSIS
The final plats of Bryn Mawr Heights, Parts VIII, IX and X compose all ofi the
area, of the preliminary plat of Bryn Mawr Heights, Part.VIII previously submitted
and approved by_the City. The final plats are in substantial compliance with
the approved preliminary plat.
There was considerable', previous concern by adjacent property owners that a
request ,to rezone the property to an RIB Zone might result in the submittal of
an amended preliminary plat and a final plat to, subdivide the area into lots
with lot sizes approximating 6,000 square feet as required in the:R1B Zone,
The average lot size of the proposed 'subdivisions, ,however, exceeds 10,000
square feet. ,
The subdivisions include the extension of seeral streets -- Sunset Street,
Denbigh Drive,, Penkridge Drive and HaforSDrive. Sunset Street is a major'
arterial`street which will eventually interconnect,. Melrose Avenue and Benton
Street with Highway 1 west. The residential*ighborhood within which these
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subdivisions are located was intended to be served by a series of collector
Streets,'Denliigh Drive, Drive, and an east -west (minor arterial) street
connecting Mormon,Trek;Boulevard with Sunseti,Street.',The existing portion of
Denbigh Drive from.Benion'Street south.was constructed at,a width required for
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a'collector'street. '--This street is proposed to be, extended at'the same width
and intersect with Sunset Street.
RECOMMENDATIONS j.
It is the recommendation of the Staff that consideration of the three final
,'plats;be defeired but; that pending resolution of the deficiencies and discre-
pancies noted,'below, they be approved. i
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DEFICIENCIES AND DISCREPANCIES
1. On,all three subdivisionlits signatures p g tures from the utility companies
.should be i provided.'
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2.l on' the. final plats of Parts, VIII and IX,:. the point of beginning should
be, referenced to a section corner.
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3.' On the plat'of Part X, the word •'easement" should be deleted within the
10=foot walkway' from Denbigh' Drive.
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IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
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I find as a matter of ultimate fact that under all of
the circumstances reflected by the evidence introduced relevant
to the issues above stated the plaintiffs are entitled to the
relief prayed for under Division I of their Petition.
CONCLUSIONS OF LAW
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A person so who has secured a building pe rmit and h as
commencedconstruction pursuant thereto may enjoin a city., from
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interfering with his right to proceed under the permit s -
Wasserman v. City of Kenosha (Wise.), 258 N.IJ: at67,�'
The consideration for which property; is d .does,:notl
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depend, alone upon the comparative economic value of the consid'ation
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and of what is promised in return. The relative values of a
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promise and the consideration for it do not affect the sufficiency
0 ",the:i consideration, what the; promisor assents to is the price of;
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his promise and is legally sufficient.
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Hart,
Hart v.
160 N.W.2d 438.
Aima injunction compelling an affirmative act may
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bean appropriate remedy where the urgency for such relief is great
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and the legal remedy is inadequate.
42Am .Jur.2d, Injunctions 6175.1
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RULINGS
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IT IS THE JUDGMENT OF THE COURT that the transactions
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referred to in the Findings of `Fact portion of this opinion were
made 'in good faith and for the purposes therein set forth.
ITIS TIIEREFORI; ORDERED that the defendant'be and is hereby
restrained and enjoined from preventing further construction upon
a?e
the 29 unit apartment building alluded to in the Findings of Fact
portion of this opinion.
IT IS FURTHER ORDERED that the defendant issue to Plaintiff -
Earl Yoder Construction Company a building permit in connection