HomeMy WebLinkAbout1994-02-01 Public hearing
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NOTICE OF PUBLIC HEARING
Notice Is hereby given that a pubiic hearing
will be held by the City Council of Iowa City,
Iowa. at 6:30 p.m. on the 1 st day of February,
1994. In the Civic Center Council Chambers,
Iowa City. Iowa: at which hearing the Council
will consider the foilowing Items:
(!) An ordinanca amending the Zoning
Ordinance by amending the PDH (Plannad
Devalopment Housing! plan for Walnut
Ridge, Parts 5 through 9, an 85,32 acre.
56 lot residential subdivision located north
of Melrose Avenue on Kennedy Parkway
extended,
2. A resolution approving the voluntary
annexation of an approximate 422 acre
tract of land, known as Sycamore Farms.
and located south of Highway 6 and the,
southern corporate iimits.
3. An ordinance amending the Zoning
Ordinance by conditlonaily changing the
use regulations of an approximate 422 acre
tract of land located south of Highway 6
and the southern corporate iimits from
County RS. Suburban Residential, to RS-8,
Medium Density Single-Family Residential
(62 acres): RM-12'- Low Density Multi-
Family Residential (10 acres!: RM.20,
Medium Density Multi.family Residential
(16 acres!: RFBH, Factory Built Housing
Residential (84 acres); RR.1. Rural
Residential (191 acres) and ID.RM, Interim
Development Multi-Family Residential (59
acres!.
4. An ordinance amending Zoning Ordinance
Sections 36.58, Off.Street Parking
Requirements; 36.60, Sign Regulations.
and 36.9, RFBH. Factory Built Housing
Residential Zone. to ailow certain
commercial uses as provisional uses In the
RFBH zone, and to replace the Incorrect
references to the RMH zone with RFBH,
Copies of the proposed ordinances and
resolution are on file for pubilc examination In
the office of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
views known for Council consideration are
ancouragad to appear at the abova,mentloned
tlma and placa.
MARIAN K, KARR, CITY CLERK
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY APPROVING THE REVISED
PRELIMINARY PLANNED DEVELOPMENT
HOUSING PLAN IPDHI FOR WALNUT RIDGE,
PARTS 6.9, AN APPROXIMATE 85.32 ACRE
TRACT OF LAND LOCATED NORTH OF
MELROSE AVENUE ON KENNEDY PARKWAY.
WHEREAS, the subject property, loceted
north of Melrose Avenue on Kennedy Parkway,
Is presently conditionally zonad OPDH.1, Rural
Rasldantlal Planned Davelopment Housing, to
permit tha development of the proparty for e
lerge lot, residential plennad housing
devalopmant; and
WHEREAS, Southgate Devalopment
Company has submitted a revised preliminary
PDH plan for the subject proparty; and
WHEREAS, the lot layout and street
configuration of the revised preliminary PDH
plan dlffar significantly from the approvad
preliminary PDH plan; and
WHEREAS, Section 36.48Id) of tha Code of
Ordlnences for the City of Iowa City, Iowa
provides that material chang as In an approved
preliminary PDH plan shali be subject to tha
approval procaduras sat forth In Sactlon 36.
48(b); and
WHEREAS, It Is tha Intant of the Council that
the property remain subject to the terms and
conditions of the Conditional Zoning
Agreemant, approved on January 8, 1991, by
Ordinanca No. 91.3486 and recorded In Book
1197, Page 107 of the Johnson County
Recorders Office.
NOW, THEREFQRE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I, APPROVAL. The property
descrlbad below shall reteln Its classification of
OPDH.1, subject to the terms and conditions
set forth In the Conditional Zoning Agreement
epproved on Januery 8, 1991, by Ordinance
No. 91.3485, and the revlsad preliminary PDH
plan submitted by Southgate Development
Company for Walnut Ridge, Perts 6.9, Is
hereby approved:
Commencing at the Southwest Corner of
the Southeast Querter of the Southwest
Fractlonel Quarter, of Section 7, Township
79 North, Range 6 West, of the Fifth
Prlnclpel Meridian; Thence NOoo23'09'E,
along the West Line of the East One.Helf of
the West Fractional One.Helf of said
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Ordinanca No.
Page 2
Section 7, 2315.58 faet, to the Point of
Baglnnlng; Thence continuing
NOo023'09'E, along said West Line.
2987.83 feat, to tha Northwest Cornaro of
the Northeast Quarter. of tha Northwest
Fractional Quarter, of said Sactlon 7;
Thence N88030'17'E, along the North line
of said Northeast Quartar of the Northwest
Fractional Quartar, 1320.00 feat, to the
Northeast Corner thereof; Thence
SOoo 22'54 'W, along the East Line of said
East One.Half of the Wast Fractional One.
half of said Section 7, 2687.31 feat;
Thenca S73032'25'W, 239.51 feet;
Thence SI6027'35'E, 55.49 feet; Thence
S73032'25'W, 161.46 feet: Thence
N78015'03'W, 235.85 feet: Thence
N04057'17'E, 89.48 feet: Thilnce
S67017'52'W, 791.07 feet, to the Point
of Beginning. Said Tract of land contains
85.32 Acres. more or less, and 15 subject
to easaments and restrictions of racord.
SECTION II, VARIATIONS. The following
variations from tha requirements of the RR.l
zone hava been approvad as part of this ravised
preliminary PDH plan:
A. Reduction of tha rlght,of.way width of
Kennedy Parkway, a 'collector straet, from
66 feet to a minimum of 60 feet.
B. Modification of the City's street standards
and specifications for collactor straets to
permit a pavement width of 28 feet, back
of curb to back of curb, for the undivided
portions of Kennedy Parkway. Where the
two lanes of this street are separated by
vegetative islands, each of the divided
lanes shall be a minimum of 22 feet back
of curb to back of curb.
C. Reduction of the pavement width for all
other streets from 28 feet to 25 feat, back
of curb to back of curb.
D. Reduction of the pavement width for all
cul.de.sec loops to a minimum of 22 feet,
back of curb to back of curb.
E, Verlatlon of the cul.de.sac street limit of
900 feet for Shagbark Court and Chestnut
Court.
F. No provision for public sidewalks adjacent
to streets within the subdivision, extept
Kennedy Parkway.
G. Kennedy Parkway sholl heve e four foot
wide sidewalk, constructed by the
developer, on only one side of the proposed
rlght.of.way. This welk shall be continuous
from 0 point on Melrose Avenue to the
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Ordinance No,
Page 3
point where Kennedy Parkway Intersects
the west boundary of the subdivision.
H. Reduction of the minimum lot width for Lot
68 from 80 feet to 40 feet.
SECTION III, CONOITIONAL ZONING
AGREEMENT. The Conditional Zoning
Agreement for the subject property dated
March 19, 1990, approved by Ordinance No.
91-3487 on January 8,1991, and recorded on
January 10, 1991"In Book 1197, Page 107
shall remain In full force and effect.
SECTION IV . CERTIFICATION AND
,RECORDING. The Mayor Is hereby authorized
and directed to sign, and the City Clark to
attest and to cartlfy the Ordinance for
recordation In the Johnson County Recorder's
Office,
SECTION V, REPEALER, All ordinances and
parts of ordinances In conflict with the
provisions of this Ordinance are heraby
repealed.
SECTION VI. SEVERABILITY. If any sactlon,
provision or part of the Ordinance shall be
adjudged to ba Invalid or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged Invalid or
unconstitutional.
SECTION VII. EFFECTIVE DATE. This
Ordinance shall ba In effect after Its final
passage, approval and publication, as provided
by law,
Passed and approvad this
MAYOR
ATTEST:
CITY CLERK
Approvad by
yY7u..~ L:J.
City Attorney's Office
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SUMMARY REPORT
January 6, 1994
To:
City Council
From: Planning and Zoning Commission
Item: Application No. REZ93-0015 and SUB93.0023: Walnut Ridge, Parts 5-9, Amended
OPDH Plan and Preliminary Plat, Parts 5-9.
APPLICATION INFORMATION
Applicant:
Southgate Development Co.
Request:
Amended Preliminary OPDH (OPDH-1) plan
approval.
North of Melrose Avenue and west of
property owned by the University of Iowa.
Location:
Existing Zoning:
OPDH.1, Planned Development Housing .
Rural Residential
Proposal:
To amend the existing OPDH-1 plan to
allow the subdivision of the 85 acre tract
of land for a 56 lot, single-family residential
development utilizing modified street stan-
dards to conserve the natural features of
the site, to enhance the rural character of
the subdivision, and to make large-lot
development economically feasible.
PL'ANNING AND ZONING COMMISSION RECOMMENDATION
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Date of Recommendation:
January 6, 1994
Recommenda!ion:
Approval.
.
Recommended Variations end Rationale: The Commission finds the fOllowing variances from
the applicable provisions of the City's Subdivision Regulations and RR.1 Zone to be
appropriate:
1. Reduction of the right-of-way width of Kennedy Parkway, a collector street,
from 66 feet to a minimum of 60 feet.
2. Modification of the City's street standards and specifications for collector
streets to permit a pavement width of 28 feet, beck of curb to back of curb,
for the undivided portions of Kennedy Parkway. Where the two lanes of this
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street ere separated by vegetative Islands, each of the divided lanes shall be a
minimum of 22 feet back of curb to back of curb.
3. Reduction of the pavement width for all other streets from 28 feet to 25 feet,
back of curb to back of curb.
4. Reduction of the pavement width for all cul.de.sac loops to a minimum of 22
feet, back of curb to back of curb.
5. Variation of the cul.de-sac street limit of 900 feet for Shagbark Court and
Chestnut Court.
6. No provision for public sidewalks adjacent to streets within the subdivision,
except Kennedy Parkway.
7. Kennedy Parkway shall have a four foot wide sidewalk, constructed by the
developer, on one side of the proposed right-of-way only. This walk shall be
continuous from a point on Melrose Avenue to the point where Kennedy
Parkway intersects the west boundary of the subdivision.
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8. Reduction of the minimum lot width for Lot 68 from 80 feet to 40 feet.
9. A homeowners' association has been established for Parts One through Four
of Walnut Ridge, end shell be expanded to include Parts Five through Nine to
provide for the continued maintenance of the streetscepes, open spaces and
greenways which are incorporated in the design of the subdivision.
Given the low density of development proposed within Walnut Ridge, the Commission finds
the" street modifications proposed for this subdivision will adequately provide for the sefe and
efficient movement of vehicular traffic within and through the development. The proposed
street designs are also expected to preserve the natural amenities of the tract and to enhance
the rural character of the subdivision. Modifications of the City's street standards and
specifications also make large lot residential development an economically viable housing
option within the community.
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City of Iowa City .
MEMORANDUM
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Date: January 6, 1994
To: Planning & Zoning Commission
From: Rober! Miklo, Associate Planner
Re: REZ93.0015 and SUB93-0023, Walnut Ridge, Parts 5.9, Amended OPDH Plan
and Preliminary Plat
The applicant has submitted a revised plat which shows a pedestrian access easement, which
Is generally 40 leet wide, at the rear 01 most lots. Within the 40 loot easement the plan shows
a public access outlot which Is generally 20 leet In width. The plan, however, does not provide
lor the construction 01 a trail system within the easement or public access outlots. The previously
approved plan included a network 01 trails in lieu 01 sidewalks. At the Jllnuary 31nlormal meeting,
we will discuss the amended plan as well as the other Issues Identified in the December 16, 1993,
staff report on this plan.
nslwalrldg.
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STAFF REPORT
To: Planning and Zoning Commission
Prepared by: Robert Miklo
Item: REZ93-0015 and SUB93.0023.
Walnut Ridge, Parts 5-9.
Preliminary OPDH Plan and Plat
Date: December 16, 1993
GENERAL INFORMATION:
Applicant:
Southgate Development Company
325 Washington St.
Iowa City, IA 52240
Contact: Mace Braverman
Phone: 337.4195
Requested action:
Approval of an amended preliminary
OPDH plan and preliminary subdivision
plat.
Purpose:
To permit construction of 56 single.
family residential dwellings.
Location:
North of Melrose Avenue on Kennedy
Parkway.
Size:
85.22 acres.
Existing land use and zoning:
Undeveloped: OPDH-l.
Surrounding land use and zoning:
North - Undeveloped; P and ID.RS.
East. Undeveloped: P.
South - Undeveloped and Residential;
OPDH-1.
West. Undeveloped; ID.RS.
Comprehensive Plan:
Land Use - Residential; 2.8 dwelling
units per acre.
File date:
November 24, 1993.
45.day limitation period:
Not applicable until a complete
application is submitted.
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SPECIAL INFORMATION:
Public utilities:
Municipal water and sanitary sewer
services are presently available to the
site. Solid waste disposal will be
provided by the City,
Public services:
Police and fire protection will be
provided by the City.
Transportation:
The site is accessible from Melrose
Avenue and Kennedy Parkway. Transit
service is available southeast of the
tract at the intersection of Hawkeye
Drive and Melrose Avenue; however,
there is no pedestrian pathway from
Walnut Ridge to the bus stop.
Physical characteristics:
The topography of the site ranges from
moderately sloping (10%) to very
steeply sloping (50%). Much of the
tract is either grass covered or in
agricultural use; trees are located along
drainageways within the tract and on
the steeper sloped terrain.
BACKGROUND INFORMATION:
This application is incomplete because a preliminary grading and erosion control plan has not
been submitted. Normally incomplete applications are not placed on the Commission's
agenda, however, in this case, due to policy issues which must be resolved which will affect
the overall design of the development, staff has placed this item on the agenda.
The preliminary OPDH plan for Walnut Ridge was approved on January 8, 1991. Preliminary
and final plats and OPDH plans were subsequently approved for Parts 1.4 which Include lots
1.46. The streets and other infrastructure for these lots are currently in place.
The applicant is now requesting approval of an amended OPDH Plan and Preliminary Plat for
Parts 5-9, including lots 47.102.
ANALYSIS:
At the time of the original preliminary approval of the Walnut Ridge OPDH plan, the City made
a decision to support large lot development by granting approval of a plan which varied from
normal standards such as minimum street width and sidewalks. The City further supported
the development by extending a sewer service to the site. Tha Initial cost, which was paid
by the City, will be reimbursed as the area develops. At the time that the Initial plan was
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approved, secondary access for emergency vehicles was a concern; however. it was felt that
given this type of development, it would be a number of years before the lots in the early
phases would be developed and that secondary access via Camp Cardinal Road might be
available prior to or shortly alter the development of the most northern parts.
The pace of development of the first four phases of Walnut Ridge may have occurred at a
faster rate than initially anticipated. The applicant is now seeking to amend the preliminary
OPDH plan for Parts 5-9 and is also seeking preliminary plat approval of Parts 5-9. Staff is
concerned that given the pace of development and the unlikelihood of the near term extension
of Camp Cardinal Road, the issue of secondary access, especially for Parts 6-9, should be
given close scrutiny.
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Since the approval of the previous OPDH plan, the City has developed criteria by which to
review the issue of secondary access. When applied to this development, this criteria
indicates that development may not be appropriate north of Part 5 until a means of secondary
access, which would occur in a reasonable timeframe can be identified. The secondary
access policy states "a secondary means of access may be required when there are physical
features which would inhibit emergency vehicle access if the single-means of access were
blocked. These physical features may include, but are not limited to: slopes of B% or
greater, floodplains as designated by the Federal Emergency Management Agency, wetlands
as designated by the U,S. Army Corps of Engineers, a bridged or a culverted waterway,
vegetation with a trunk diameter over two inches, a grade separated highway, or a railroad."
In this case, the development includes slopes in excess of B% and two culverted waterways
south of Part 5, The Fire Marshal is concerned that given the situation, there may be times
when it would not be possible to provide emergency services to the portions of Walnut Ridge
located north of Part 5.
Camp Cardinal Road, the alignment of which is located approximately 1300 feet to the west
of Walnut Ridge Development, is probably the most viable route for secondary access to this
area. Since the time of preliminary OPDH Plan approval, there appears to be less support for
the connection of the north and south portions of Camp Cardinal Road, even though this
connection is contained within the City's arterial street plan. If the City and the applicant
wish to expedite development of Walnut Ridge, extension and connection of Camp Cardinal
Road to Walnut Ridge should be explored. If the applicant is not successful in acquiring a
route for this connection, through a private transaction, it may be appropriate for the City to
consider use of condemnation powers to acquire the needed right-of-way.
The proposed amended design of the OPDH Plan varies from the previously approved OPDH
Plan for Walnut Ridge (a copy of the original design is attached as Exhibit A). The preliminary
plan as approved includes lots over one acre in size and a network of common open space
with a trail providing pedestrian access throughout the development. The concept of large
lot (greater than one acre) residential development with primary access from Kennedy
Parkway has been retained.
As shown on the revised plan, when compared to the original plen, Kennedy Parkway is
aligned farther to the north before curving to the west where it would provide access to the
adjacent property. Sumac Lane, which was a loop street on the previous design, would be
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replaced by a series of cul-de.sacs. Staff views the proposed amended street design as being
compatible with the original concept for Walnut Ridge and appropriate for this area, provided
that an adequate network of sidewalks and trails for pedestrians is included.
The current proposal removes the pedestrian trail system. Staff recommends that the OPDH
plan require a trail, as has been done with other developments such as Windsor Ridge. The
plan shows an outlot around much of the perimeter of the development on the east, north and
northwest sides. A note on the plan indicates that this outlot is for a walkway and landscape
easement. A cross-section for a walkway or trail through this outlot should be submitted.
Connections to the trail systems at the end of each cul.de-sac would improve the usefulness
of the trail network. For example a walkway easement between lots 75 and 76 or 76 and 77
would provide residents of Sumac Court with easy access to the trail system. Staff
recommends that such connections be incorporated into the plan.
The previously approved plans for Walnut Ridge waived the requirements for sidewalks except
on one side of Kennedy Parkway. This waiver of sidewalks is also proposed for the revised
OPDH plan and plat. If approved as requested, a sidewalk would only be provided on the east
side of Kennedy Parkway. Since the construction of the early phases of the Walnut Ridge,
new property owners within the development have requested that sidewalks be built for
recreational activities such as walking and jogging, and to reduce the conflict between
pedestrians and automobiles.
Staff had recommended that sidewalks be required on at least one side of the cui-de-sacs in
the earlier parts of the development; however, the requirement was waived by the City
Council. It can be expected that as the area more fully develops there will be further requests
by the residents for City sidewalks. It would be much easier and less expensive to construct
them at the time of initial development rather than trying to retrofit a sidewalk system in at
a later date. Given the feedback from the current residents of the Walnut Ridge development,
staff recommends that sidewalks be waived for only one side of the local streets and that
sidewalks be provided on both sides of Kennedy Parkway.
Because this is an OPDH plan, the City may vary the underlying zoning requirements as was
done with the originally approved OPDH Plan. In this case, variations from the maximum cui-
de.sac length of 900 feet will be required for Burr Oak Court, Chestnut Court and Alder Court.
These cui-de-sacs are only slightly longer than the maximum 900 foot length permitted by the
subdivision regulations. Given the low density of development on these cul-de-secs the added
length should not result in an unreasonable amount of traffic, and therefore, the proposed
variation from the standards appears to be reasonable.
Lots 68 and 69 are designed as flag lots. Lot 69 has adequate frontage on Kennedy Parkway
to meet the zoning requirements and therefore it is not of concern. Lot 68, however, does
not meet the 80 foot minimum lot width requirement of the Zoning Ordinance. Generally, flag
lots are not good design because they result in e house being built amongst the back yards
of adjacent properties, thereby reducing the privacy of both the house on the flag lot and the
adjacent dwellings. However, in this case, given the large size of the subject lots, it would
eppear that an adequate buffer can be provided to assure the privacy of these properties.
Another concern that often arises with flag lots is that it is difficult to find the address of the
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property located behind other properties. In this case, however, because of the design of the
private drive which provides access to Lots 68 and 69, the dwelling constructed on Lot 68
should be visible. For this reason, a waiver of the minimum 80 foot lot width for Lot 68 in
order to allow this flag lot appears to be reasonable.
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The plan shows the bifurcation of Kennedy Parkway with landscape medians. A landscape
plan should be submitted for these medians to assure that their design does not result in
traffic hazards.
The homeowners association will be responsible for maintenance of the out lots. The legal
papers for the final plat will contain specific requirements for maintenance
STAFF RECOMMENDATION:
Staff recommends that the preliminary OPDH Plan and Preliminary Plat for Walnut Ridge, Part
5, be approved subject to the waiver of sidewalks on only one side of Shagbark Court, Staff
recommends that the preliminary OPDH plan and preliminary plat for Walnut Ridge, Parts 6-9
not be approved until there is an indication that secondary access can be provided within a
reasonable time period. If and when the plan and plat is approved, it should include sidewalks
and trails as discussed in the staff report,
DEFICIENCIES AND DISCREPANCIES:
1. A grading and erosion control plan must be submitted.
2. Either Chestnut Place or Chestnut Court should be renamed to reduce the potential for
confusion on the part of emergency vehicle drivers.
3. The preliminary OPDH Plan should Include a list of all requested variations from the
requirements of the underlying RR-1 zone and the subdivision regulations.
4. A landscape plan should be submitted.
ATTACHMENTS:
1. Location Map.
2. Exhibit A - Previously approved OPDH Plan.
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Approved by.
lubOO23.rm
ari Franklin, Director
De rtment of Planning and
Community Development
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WALNUT RIDGE PARTS 5-9
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NOTICE OF PUBLIC HEARING
Notice Is hereby given that a public hearing
will be held by the City Council of lowe City,
Iowa, et 6:30 p.m. on the 1 st day of February,
1994. In the Civic Center Council Chembers,
Iowa City, lowe: at which hearing the Council
will consider the following Item:
A resolution approving the voluntary
annexation of an approximate 422 acre tract of
land. known as Sycamore Farms, and located
south of Highway 6 end tha southern corporate
limits.
A copy of the proposed resolution Is on file
for public examination In the office of the City
Clerk, Civic Center, Iowa City, Iowa. Persons
wishing to make thalr vlaws known for Council
considaration are encouraged to appear at the
above-mentioned time and piece.
MARIAN K. KARR, CITY CLERK
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
w1l1 be held by the City Council of Iowa City.
Iowa, at 6:30 p.m, on the 1 st day of February,
1994. In the Civic Center Council Chembers,
Iowa City, Iowa; at which hearing the Council
will consider the following items:
1. An ordinance amending the Zoning
Ordinance by amending the PDH (Planned
Development Housing) plan for Walnut
Ridge, Parts 5 through 9. an 85.32 acre,
56 lot residential subdivision located north
of Melrose Avenue on Kennedy Parkway
t'\ extended.
It;J A resolution approving the voluntary
annexation of an approximate 422 acre
tract of land, known as Sycamora Farms,
and located south of Highway 6 and tha
southern corporata limits.
3, An ordinance amending the Zoning
Ordinance by conditionally changing the
usa regulations of an approximate 422 acre
tract of land locatad south of Highway 6
and the southern corporate limits from
County RS. Suburban Residential, to RS.8,
Medium Dansity Slngle.Family Residential
(62 acres); RM-12. Low Density Multi.
Family Resldantlal (10 acres); RM.20,
Medium Density Multl.family Residential
(15 acrasl: RFBH, Factory Built Housing
Residential (84 acres); RR.1, Rural
Residential (191 acres) and ID-RM. Interim
Development Multl.Family Residential (59
acres).
4. An ordinance amending Zoning Ordinance
Sections 36-58, Off-Street Parking
Requirements: 36.60, Sign Regulations,
and 36.9, RFBH, Factory Built Housing
Residential Zone, to allow certain
commercial uses as provisional uses in the
RFBH zone. and to replace the Incorrect
references to the RMH zone with RFBH,
Copies of the proposed ordinances and
resolution are on file for public examination In
the office of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
vlaws known for Council consideration are
encouraged to appeer et the above.mentloned
time and piece.
MARIAN K. KARR, CITY CLERK
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RESOLUTION NO.
RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXI.
MATE 422 ACRE TRACT OF LAND KNOWN AS SYCAMORE FARMS,
LOCATED SOUTH OF HIGHWAY 6 AND THE SOUTHERN CORPORATE LIMITS.
WHEREAS, Sycamore Farms Company owns an approximate 422 acre tract of I~nd located
south of Highway 6 and the southern corporate limits; and
WHEREAS, Sycamore Farms Company has requested annexation of its land into the City of
Iowa City, Iowa; and
WHEREAS, this tract is contiguous to the corporate limits of the City; and
WHEREAS, pursuant to Iowa Code ~368.7, notice of the application for annexation was sent
by certified mail to the Johnson County Board of Supervisors and the East Central iowa
Council of Governments; and
WHEREAS, the Johnson County Board of Supervisors and the East Central Iowa Council of
Governments have expressed no objections to the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. The land legally described on Exhibit A, attached hereto and incorporated by this
reference, shall be voluntarily annexed to the City of Iowa City, Iowa.
2. The City Clerk is hereby authorized and directed to certify and file the necessary
documents with the City Development Board as required by Iowa Code ~368.7.
It was moved by and seconded by
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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Resolution No.
Page 2
Passed and approved this
day of
,1994.
MAYOR
Approved by
ATTEST:
CITY CLERK
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EXHIBIT A
SYCAMORE FARMS COMPANY ANNEXATION
The west one,half of the Southeast Quarter of Section 24 lying south of Highway 6 and the
East 25 feet of the Southwest Quarter of Section 24 lying south of Highway 6 and the
Northeast Quarter of Section 25 except the East 660,05 feet thereof, lying south of
Highway 6 and the Northwest Quarter of Section 25 and the North Half of the Southwest
Quarter of Section 25 and the Southwest Quarter of the Southwest Quarter of Section 25 and
and the East Half of the Southeast Quarter and the south 16.50 feel of the Southeast Quarter
o,f the Northeast Quarter of Section 26 except the 1.156 Acre property described In Book
992, Page 620 of the Johnson County Recorde(s records. Allin Township 79 North, Range
6 West of the Fifth Principal Meridian.
The above described tract contains 422.542 Acres, more or less,
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City of Iowa City
MEMORANDUM
,Date: February 1, 1994
To: City Council
From: Robert Miklo, Associate Planner
Re: ANN92-0003 and REZ92-0015, Sycamore Farms Annexation and Rezoning
The Planning and Zoning Commission recommended the approval of the Sycamore Farms
annexation and rezoning subject to the following conditions: '
1. Adequate measures will be taken to protect the "Snyder Creek Bottoms" from any adverse
effects from development of adjacent areas. These measures shall be specified In a
mitigation plan to be submitted with a preliminary plat for the area, prepared at the
expense of the applicant, and approved by the City.
2. The mitigation plan shall include a concept plan for a trail or walkway system within the
"Snyder Creek Bottoms." The subdivider shall construct the trail or walkway system when
either 50% of the property within the RS-S and RFBH zones are developed or when the
ID-RM area is rezoned, whichever occurs first.
3. The preservation of the "Snyder Creek Bottoms" via the establishment of an acceptable
conservation easement.
4. A 100 foot no-build buffer zone shall be established around all jurisdictional wetiands
identified outside of the conservation easement, except those for which mitigation is
approved, as enumerated in the conservation easement.
5. The applicant shall Inventory and document the jurisdictional wetlands, other conservation
values and the location of existing farming activities in the "Snyder Creek Bottoms" I Said
inventory and documentation shall be approved by the City.
6. The dedication of adequate open space to the City based upon the formula contained In
the neighborhood open space plan.
7. The establishment of a pedestrian access easement over the existing Southeast
Interceptor Sanitary Sewer easement or In an alternative location, approved by the City,
which connects the trails within the Whispering Meadows Subdivision and the City.owned
property to the south of the Sycamore Farms property.
A covenant providing for a 15.acre school site, the location of which shall be negotiated
with the City and the Iowa City Community School District.
8.
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9. The developer paying all costs for infrastructure installation, including oversized costs
except for the proposed east-west street.
The Commission's review of this proposal occurred over an 11 month period. Due to the
complexity of this proposal, a considerable number of documents were generated during the
review process, Many of these documents are included in your Council packet. Given the
amount of material included, the Council may wish to concentrate on the original staff report dated
December 3, 1992, and a staff memorandum dated September 9, 1993. These documents
provide an overview of the issues discussed during the Commission's review,
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Staff believes that the conditions outlined at the beginning of this memorandum and contained
within the conditional zoning agreement, address the concerns of the City relating to protection
of the environmentally sensitive features of the property; fulfill the City's obligations concerning
our contract with the Iowa Department of Natural Resources (IDNR); are in compliance with the
annexation policies of the Comprehensive Plan; and will provide for adequate neighborhood open
space and a school site to serve the proposed development. We also believe that the zoning
pattern (see attached map) currentiy proposed for Sycamore Farms Is generally appropriate for
the area.
The issue of the location and design of an arterial street to serve the Sycamore Farms area has
not been resolved. However, the proposed annexation and rezoning need not be delayed until
resolution of this issue. Annexation, zoning and development of the northern portion of Sycamore
Farms can proceed. As the subdivision platting process proceeds to the south, the issue of a
street network for the area will need to be resolved.
The packet also includes a conservation easement prepared by the City Attorney's Office and
three documents prepared by the applicant's consuillng engineer. These Include a draft wetiands
mitigation report, a conservation values assessment and Inventory, and a delineation of the
wetiands. These documents are necessary to fulfill the requirements of the proposed conditional
zoning agreement. Staff has not completed review of these documents and they may be revised
prior to being finalized,
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2014 Rochester Ave, ·
Iowa City, IA 52245
28 January 1994
Susan Horowitz, Mayor
Iowa City City Council
410 East Washington Street
Iowa City IA 52240
Re: ANN92-0003, REZ92-015 (Sycamore Farms Annexation)
Please distribute to City Council members.
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Dear Mayor Horowitz:
As you are aware"the Sycemore Farms Annexation proposal has been before the
City of Iowa City since prior to November 1992. The major considerations that have
been delaying the completion of this action are the provisions for protection of a
large wetland' complex which overlaps with the southeastern portion of the Sycamore
Farms annexation area, The City of Iowa City is obligated to protect this entire
wetland complex on the Snyder Creek Bottoms (at the least) by certain provisions in
its contract # C190830 05 with the federal government for the Southeast Interceptor
[Sewer] System'.2. I believe that the proposal before you (with some minor
modifications) is an adequate step to start fulfilling this obligation.
First, I would like to aCknOWledge and thank the Planning and Zoning Commission
and the Planning and Community Development Staff for their extraordinary efforts on
this annexation issue, I further would like to acknowledge and thank the Sycamore
Farms Development Team for their very significant concessions toward protection of
the part of the Snyder Creek Bottoms wetland complex that lies on their property,
Their reservation of 191 acres under a non-development conservation easement3,4 and
their concept plan for the mitigation5 of the impact of stormwater drainage from the
north central part of the Sycamore Farms annexation area is a good first step in the
correct direction.
Nonetheless, I still find some serious inadequacies in the plans for this
Sycamore Farms Annexation which I discuss below. Furthermore, the three Sycamore
Farms documents (Wetlands Hitigation5, Wetland Delineation6, and Conservation
Values7) recently provided to City Staff by the Sycamore Farms Development Team
contain many typographicel errors and some errors of fact, omissions, and
unexplained inclusions. I have given City Staff a list of those errors which I have
so far found in these three documents.
Conservation Easement
Although the Conservation Easement3 appears to adequately protect the part of
the Snyder Creek Bottoms wetland complex that overlaps with the Sycamore Farms
annexation area, I still strongly believe that this 191 acre area should be
dedicated to the City of Iowa City (or other public body) as a wildlife preserve or
park, Such a dedication is, in my opinion, the only way in which it can be
guaranteed that this wetland complex will be preserved in a fully natural state in
perpetuity,
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Page 2
28 January 1994
Furthermore, I strongly believe that this large acreage should be accessible to
the pUblic for the benefit of all Iowa City citizens who enjoy nature, The explicit
limitation of public access to onlY the trail system in the easement area (Section
12, Conservation Easement3) greatly diminishes the value to the public of this
agreement, Please note that this area (and I mean only that on the Sycamore Farms
annexation area) is comparable in size to Hickory Hill Park, Not only is pUblic
enjoyment diminished, but also a large volunteer corps of environmental monitors is
unnecessarily restricted by this section of the agreement, Visitation by amateur
naturalists would provide ongoing, free monitoring of the condition of this natural
area far in excess to that which could be provided by any public agency. Indeed,
many prohibited activities on our pUblic lands are discovered and reported by
concerned citizens. Our City staff is hard pressed to monitor the condition of
existing City properties, let alone monitor a conservation easement in a remote and
soggy location. Indeed, if the title to the property under easement is conveyed to
another party (possibly less sensitive to conservation concerns than the Sycamore
Farms Development Team), than it is essential that the property be closely monitored
to ensure compliance with the terms of the easement.
Of further concern is the uncertainty about the identity of the party which
would hold the Conservation Easement if this is indeed the vehicle chosen to insure
preservation of these wetlands, In order that the City of Iowa City be able to
enforce the terms necessary for it to fulfil the contract with the EPA1, it is
essential that the City be the party to which the easement is granted.
In Section 5, Subsection (a), of the Conservation Easement3, the grantor
reserves the right to continue the current farming operations on the non-
jurisdictional areas of the easement. The Wetland De1ineation6 finds that 166 acres
of the 191 acre easement are wetlands; this leaves only 25 acres for farm
operations, This 25 acres is in scattered patches and on steep slopes. In light of
the fragmented and sensitive nature of these non-jurisdictional areas, the very best
thing that could be done to protect and improve the Snyder Creek Bottoms' wetlands
would be to immediately cease all agricultural use of the entire conservation
easement.
A number of fence rows, often at field boundaries, crisscross the area under
easement. As we know from experience with a large tract of city property adjacent
to Hickory Hill Park, it is essential that these internal obstacles be promptly
removed once farming operations cease, The ~arty responsible for this chore is
nowhere defined in the Conservation Easement.
Finally, the easement lacks any provisions for periodic assessment of the
condition of the wetland complex. Such a review would protect all parties to the
agreement by evaluating the effect of any modifications to usage patterns or
terrain. I suggest that this assessment be made before and after any terrain
modifications for stormwater control or wetlands construction and once every 10
years in the absence of significant construction activities.
Conditional Zoninq Aqreement
The City Staff has insisted that provisions be made for a major trafficway along
the northern edge of the conservation easement area at the bluff edge4, This
arrangement is both unnecessary and potentially damaging to the wetlands below, The
entire Snyder Creek Bottoms to the south of the Sycamore Farms annexation area is a
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Page 3
28 January i 994
wetland complex which should never be developed for urban purposes. It is thus
unlikely that there will be any significant vehicular traffic entering this proposed
arterial from the south, Construction of this arterial would be expensive and
difficult; extreme precautions would be required to protect the wetlands from damage
caused by sediment-laden runoff, an inevitable consequence of the disruption of the
ground's surface by earthmoving equipment, Furthermore, a major street would create
excessive pollutant loadings in the runoff from its pavement (salt, sand, road oils,
ground rubber, etc,). This runoff also could seriously damage the wetlands below,
The conservation easement area is designated as an RR-1 zone in the Conditional
Zoning Agreement4. This designation (intended "for areas of a rural residential
character"s) is inappropriate for a privately held, non-development area devoted to
conservation purposes, Indeed, the Zoning Ordinances makes no provisions at all for
such areas, The 191 acre Sycamore Farms conservation easement area and a 14 acre
property near Shimek School (RS-5 and/or RS-12; hald by the Johnson County Heritage
Trust for conservation purposes) both indicate a need for a "natural areas" zone in
the Iowa City Zoning Ordinance, I urge you to amend the Zoning Ordinance in such a
way as to allow proper classification of this land use.
Wetland Delineation
The Wetland Delineations document has two serious deficiencies, First, at the
southeast corner of the Sycamore Farms annexation area, in the vicinity wetland A6,
there is an area of non-wetland shown: this non-wetland is larger and of a different
shape than that shown in,the official SCS delineation (see Appendix A of the Wetland
DelineationS). This discrepancy should be resolved before the study is accepted by
the City of Iowa City.
Second, this report does not describe the wetlands in enough detail to allow
jUdgements to be made about their quality. I readily accept the consultant's
position that the heavily disturbed "agricultural wetlands" are appropriate areas to
treat stormwater discharge. However, in the absence of detailed biological surveys,
rational decisions can not be made about which other areas should be preserved and
allowed to regenerate (with minimal further disturbance) or which could be
sacrificed to make "constructed wetlands" to accept additional stormwater effluent,
Wetlands MitiQation
The concept plan proposed in the Wetlands Mitigation5 document is a good one,
particularly for the drainageway located in the north central part of the annexation
area. However, deficiencies remain.
A drainageway occurs along the easternmost edge of the Sycamore Farms annexation
area; this drainageway has been overlooked in the mitigation effort', It enters the
"North Branch Snyder Creek" less than 1000 feet upstream from the Snyder Creek
Bottoms, Quality and quantity of its discharge will have a significant impact both
on the wetlands of the Sycamore Farms annexation area and the wetlands to the south,
Even though its watershed is shared with the adjoining property to the east, the
impact of discharge from this drainageway also must be mitigated to assure
preservation of the wetland complex,
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Page 4
28 January 1994
Another drainageway enters the Snyder Creek Bottoms in the southwestern part of
the Sycamore Farms annexation area, The treatment proposed by the Wetlands
Mitigationl document for its discharge is wholly inadequate because it treats only
the runoff from the immediate property, This almost 370 acre watershed Includes
only about 40 acres of the Sycamore Farms annexation area (see Figure 6 and Table 5
in reference 9; note that the area of the original "Sycamore Farms" tract was
erroneously omitted from Table 5 in reference 9). The Wetlands Mitigation document
correctly states that it should not be the sole responsibility of the Sycamore Farms
Development Team to mitigate the impact of this drainageway's discharge on the
Snyder Creek Bottom's wetlands. I totally agree that this drainageway must be
treated as part of an integrated stormwater control district that transcends
property boundaries, The City of Iowa City has commissioned two studies of this
area: the first by Lon Drake and the second by MMS Consultants, Dr. Drake
recommends a series of linear, constructed wetland parks on the upland to control
the runoff onto the Bottoms10, HMS Consultants recommends conventional facilities,
either a dry-bottom or a wet-bottom detention structure that then dumps the overflow
onto the Bottoms without further mitigation9. The mitigation plans for this
drainageway must be revised to treat the stormwater discharge in an as
environmentally sensitive a way as the Sycamore Farms Development Team has proposed
for the north central drainageway,
Furthermore, in the Wetlands Mitigation document there is an unexplained area of
constructed wetland shown on Figures 5-2 and 5-35. Its position north of the
present sewage lagoons is puzzling; no drainageway seems to feed it and it is placed
in an area of "emergent wetland" (E2 on Figure 1, Wetland De1ineationo). What is
the purpose of this facllfty? Why is it placed in ona of the presently "better"
quality wetland areas (difficult to understand because these reports only poorly
document the quality of each wetland area)?
Flna11YI the Wetland Mitigation document makes no provisions for the ultimate
disposition of the sewage lagoon wetlands. When their primary water supply is cut
off, as it Inevitably will be when the apartment complex on the upland above is
connected to the city sewers, these will radically change, Plans should be made for
their restoration to a more natural system at the earliest opportunity.
Thank you for your attention to these matters,
Sincerely yours,
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Richard S. Rhodes II
Internet address - sandy@umaxc.weeg,uiowa.edu
Phone - 319/36i-7159
cc: Larry Wilson, Chairman, IC Riverfront and Natural Areas Commission
Thomas Scott, Chairman, IC Planning and Zoning Commission
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Page 6 '
28 January 1994
Appendix A
Documents Examined
i) EPA Contract" C190830 06, "Construction of Southeast Interceptor System...",
dated 22 March i989, obtained 11 December, 1992,
2) Environmental Review Certificate, EPA Project Number: C190830 06,06,
"Southeast Interceptors, ,..", dated 21 December 1988 [or 3 January 1989],
obtained 11 December 1992.
"Conservation Easement" [for Sycamore Farms], draft, UNDATED, obtained 1
November 1993.
"Conditional Zoning Agreement" [for Sycamore Farms], draft, UNDATED, obtained
6 January 1994.
"Wetlands Mitigation Report for Sycamore Farms, Iowa City, Iowa", draft, dated
January 1994, obtained 19 January 1994.
"Wetland Delfneation Sycamore Farms, Iowa City, Iowa", [? draft], dated 17
January' 1994, obtained 19 January 1994.
"Conservation Values Assessment and Inventory Sycamore Farms, Iowa City,
'Iowa", [? draft], dated 12 January 1994, obtained 19 January 1994.
"Iowa City Zoning Ordinance", dated 1 July 1992, obtained 3 December 1992.
"Preliminary Design Report for the South Sycamore Stormwater Basin, Iowa City,
Iowa", dated Aprl1 1993, obta i ned 14 January 1994.
"Sycamore Street Trunk Sewer, Wetland Study", dated February 1992, obtained
January 1993.
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 6:30 p.m. on the 1st day of February,
1994, In the Civic Center Council Chambers,
Iowa City, Iowa: at which hearing the Council
will consider the following items:
1. An ordinance amending the Zoning
Ordinance by amending the PDH (Planned
Development Housing) plan for Walnut
Ridge, Parts 5 through 9, an B5.32 acre,
56 lot residential subdivision located north
of Melrose Avenue on Kennedy Parkway
extended,
2. A resolution approving the voluntary
annexation of an approximate 422 acre
tract of land, known as Sycamore Farms,
and located south of Highway 6 and the
southern corporate limits.
@ An ordinance amending the Zoning
Ordinance by conditionally Changing the
use regulations of an approximate 422 acre
tract of land located south of Highway 6
and the southern corporate limits from
County RS, Suburban Residential, to RS.8,
Medium Density Single-Family Residential
(62 acres); RM-12, Low Density Multi-
Family Residential (10 acres); RM.20,
Medium Density Multi-family Residential
(15 acres); RFBH, Factory Built Housing
Residential IB4 acres); RR.1, Rural
Residential 1191 acres) and ID-RM, Interim
Development Multi-Family Residential (59
acresl.
4. An ordinance amending Zoning Ordinance
Sections 36-5B, Off-Street Parking
Requirements: 36-60, Sign Regulations,
and 36-9, RFBH, Factory Built Housing
Residential Zone, to allow certain
commercial uses as provisional uses in the
RFBH zone, and to replece the Incorrect
references to the RMH zone with RFBH.
Copies of the proposed ordinences and
resolution are on file for public exemlnation In
the office of the City Clerk, Civic Center, lowe
City, Iowa. Persons wishing to make their
views known for Council consideration are
encouraged to appear et the above-mentioned
time and place,
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO,
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY CONDITIONAllY CHANGING
THE USE REGULATIONS OF AN
APpnOXIMATE 422 ACRE TRACT. LOCATED
SOUTH OF HIGHWAY 6 AND THE SOUTHERN
CORPORATE LIMITS FROM COUNTY RS,
SUBURBAN RESIDENTIAL, AND COUNTY R3A,
MUL TI.FAMIL Y RESIDENTIAL. TO RS.B.
MEDIUM DENSITY SINGLE.FAMIL Y
RESIDENTIAL 162 ACRES): RM-12. LOW
DENSITY MULTI-FAMILY RESIDENTIAL (10
ACRES): RM-20, MEDIUM DENSITY MULTI.
FAMILY RESIDENTIAL 116 ACRES): RFBH.
FACTORY BUILT HOUSING RESIDENTIAL (B4
ACRES): RR.l. RURAL RESIDENTIAL 1191
ACRES) AND ID-RM, INTERIM DEVELOPMENT
MULTI.FAMILY RESIDENTIAL (69 ACRES).
WHEREAS, the subject property is presently
located outside the Iowa City corporate limits:
and
WHEREAS, the owner of said property,
Sycamore Farms Company, has petitioned the
City of Iowa City for voluntary annexation and
the City Is proceeding with same; and
WHEREAS, pursuant to Iowa Code !36B.7,
annexation of the property must be approved
by both the City and the city development
board; and
WHEREAS, pursuant to the annexation policy
of the Comprehensive Plan of the City of Iowa
City, the proposed rezoning is subject to the
developer agreeing to pay all of the costs
associated with providing infrastructure for
development of the subject tract, except for
oversized costs for an east-west arterial; and
WHEREAS, Iowa law provides that the City
of Iowa City may impose reasonable conditions
on granting the Applicant's rezoning request,
over and above existing regulations, to satisfy
public needs directly caused by the requested
change: and
WHEREAS, the City wants to ensure
appropriate ellocetion and suitability of
nalghborhood open space, the availability of a
public school site, the protection of
environmentally sensitive areas and
responsibility for construction of infrastructure;
and
WHEREAS, the Applicant has agraed to
develop this property in accordance with the
terms and conditions of a Conditional Zoning
Agreament to ensure appropriate urban
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Ordlnence No.
Page 2
development on the southeestern edge of Iowa
City.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL'OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL. Subject to' city
development board epproval of the requested
ennexatlon of the property and subject to Iowa
Code !414.6 (19931 and the terms end
conditions of the Conditional Zoning
Agreement, ettached hereto and Incorporated
by reference herein, the property described
below Is hereby reclessifled from Its present
classifications of County RS, Suburben
Residential and County R3A, Multl-Femily
Resldentiel, to the following zoning
classifications for the property thereafter
described:
RS-8, Medium Density Slngle.Famlly
Residential: A tract of land in the west helf of
the Northwest Quarter of Section 26,
Township 79 North, Renge 6 West of the Fifth
Principal Meridian, described as:
Beginning at the northwest corner of Section
26;
thence N 8B' 21'06" E, 1244.42 feet along the
north i1ne of Section 26 to a point on the
west line of the senitery sewer easement
recorded In Book 1063, Page 40, of the
Johnson County Recorder's records;
thence S 0'09'02" E, 1618.31 feet elong said
west i1ne;
thence S 76'61'60" W, 136.62 feet;
thence S 60'66'36" W, 231.60 feet;
thence S 41' 64'27" W, 388.36 feet;
thence S 32' 46'33" W, 698.64 feet to e point
on the south i1ne of the Northwest Quarter
of Section 26;
thence S 88'60'26" W, 292.04 feet to the
West Quarter Corner of Section 26;
thence N 0'08'49" W, 2641.60 feet to the
Point of Beginning.
Said trect contelns 61.963 Acres, more or less.
RM.12, Low Denelty Multl.Family Resldentlel:
A tract of lend In the Northeast Quarter of the
Southeast Querter end the Southeast Quarter
of the Northeast Quarter of Section 26,
Township 79 North, Range 6 West of the Fifth
Principal Merldlen, described es:
Beginning at the northwest corner of the
Northeest Querter of the Southeest Querter
of Section 26;
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Ordlnanca No,
Page 2
development on the southeestern edge of Iowa
City.
NOW, THEREFORE, BElT ORDAINED BYTHE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL. Subject to city
davelopment board approval of tha raquested
annexation of the property and subject to Iowa
Coda !414.5 (1993) anq the wms and
conditions of the Conditional Zoning
Agreamant, attached hereto and Incorporated
y raferenca harein, the property described
low is hereby reclassified from its prasent
cl ssiflcetlons of County RS, Suburban
Re dantial and County R3A, Multi-Family
Rasl ential, to the following zoning
c1assl 'cations for tha proparty there a r
descri d:
RS-a, Medium Danslty 51ngl amlly
Raaldant I: A tract of land in tha st half of
the Nort west Quartar of ctlon 25,
Township North, Range 6 W t of the Fifth
Principal Me 'dlan, described :
Beginning at e northwest orner of Section
26;
thence N B8'21 5' E,1 44.42 faet along tha
north line of ctlo 25 to a point on the
west line of th nitary sewer aasement
recorded In 800 1'053, Page 40, of tha
Johnson Count R corder's records:
thance S 0'09' 'E, 618.31 feet along said
wast line;
thence S 76' 1'60' W, 35.62 feet;
thance S 6 55'36' W, 1.50 feet;
thence S 1'64'27' W, 3 ,36 feet;
thence 2'46'33' W, 69 64 feet to a point
on t e south line of the N rthwest Quarter
of ectlon 26:
the e S B8'60'26' W, 292. 4 feat to the
est Quartar Corner of Sectl 25:
t enca NO' OB' 49' W, 2641,6 feet to the
Point of Beginning.
Said tract contains 61.963 Acres, m e or less,
Low Density Multi.Famlly Resldantlal: (i. tract of
land in the Northeest Querter of the So heast
Quarter end the Southeast Querter 0 the
Northeest Quarter of Section 26, Township 79
North, Renge 8 West of the Fifth Principal
Meridian, described es:
Beginning et the northwest corner of the
Northa~st Quarter of the Southeast Quarter
of Sactlon 28:
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Ordinance No.
Page 3
thence N 0'10'51" W, 16.50 feet;
thence N 89'21'53" E, 660.00 feet parallel to
and 16.50 feet north of the north line of said
Quarter Quarter;
thence S 0'10'51" E, 676.52 feet;
thence S 89'21'53" W, 660.00 feet to a point
on the west line of said Quarter Quarter;
thence N 0'10'51' W, 660.02 feet to the
. Point of 8eglnnlng. ,
Said tract contains 10.250 Acres, more or less.
RM.20, Medium Density Multi-Family
Resldantlsl:
A tract of land In the west one-half of the
Southeast Quarter of Section 24, except the
East 660.05 feet thereof, lying south of
Highway 6 and the East 25 feet of the
Southwest Quarter of Section 24 lying south of
Highway 6 in Township 79 North, Range 6
West of the Fifth Principal Meridian, described
.as:
8eginning at the northeast corner of 80n.Aire
Mobile Home Park according to the survey
recordsd In Plat 800k 2, Page 127, of the
Johnson County Recorder's records, said
point being located on the southerly
right-or-way of Highway 6 and the west line
of the East 25 feet of the Southwest Querter
of Section '24;
thence following said right-of-way
southeasterly 330.76 feet along a 5789.5B
foot radius curve, concave northeasterly,
with e central angle of 3'16'24" to a point
that lies 5 68'45'26" E, 330.72 feet from
the last described point;
thence following said right.of.way S
61'02'66" E, 465.18 feet to a point on the
west line of the East 660.05 feet of the '
west half of the Southeast Quarter of
Section 24;
thence S O'OB'32" W, 987.08 feet to a point
on the west line of said East 660.05 feet;
thence N 89'51'28" W, 343.80 feet;
thenca N O'OB'32" E, 461.22 feet;
thence S 89 '66'44" W, 343.82 feet to a point
d~ the west line of said East 25 feet of the
Southwest Quarter;
thence NO' 03'16" W, 922.03 foet to the
Point of 8eginnlng.
Said tract conteins 15.000 Acres, more or less.
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Page 4
RFBH, Factory Built Housing Residential:
A tract of land In the Northwest Quarter of
Section 25: the west one-half of the Northeast
Quarter of Section 25, except the East 660,05
feet: the west one-half of the Southaast
Quarter of Section 24, except the East 660.05
feet thereof, lying south of Highway 6; and the
East 25 feat of the Southwest Quarter of
Section 24 lying south of Highway 6, all in
Township 79 North, Range 6 West of the Fifth
Principal Meridian, described as:
Beginning at the southeast cornar of Bon-Alre
Mobile Home Park according to the survey
recorded in Plat Book 2, Page 127, of the
Johnson County Recorder's records, said
point Is on the west line of the East 25 feet
of the Southwest Quarter of Section 24 and
on the north line of Section 24;
thence N 0'03'16' W, 709.17 feet along said
west line;
thence N 89'56'44" E, 343.82 feet;
thence S 0'08'32' W, 461.22 feet;
thence S 89'51'28" E, 343.80 feet to a point
on the west line of the East 660.05 feet of
the west,helf of the Silutheast Quarter of
Section 24;
thence S 0'08'32' W, 242.42 feet to the
northwast corner of the East 660.05 feet at'
the west helf of the Northeast Quarter of
Section 25;
thence S 0'08'32' W, 1545.16 faet along the
west line of said East 660,05 feet;
thence S 67'52'28' W, 712.44 feet:
thence N 68'32'17' W, 374.14 feet;
thence N 75 '02'01' W, 539.39 feet;
thence S 76'51'50' W, 526.28 feet to a point
on the west line of the sanitary sewer
easement recorded In Book 1053, Page 40,
of the Johnson County Recorder's records;
thence N 0'09'02' W, 1618.31 feet along
said west line to a point on the north line of
Section 25;
thence N B8'21'05" E, 75.03 feet along said
north section line to the southwest corner of
said Bon-Alre Mobile Home Park;
thence N 8B' 36'12" E, 1290.05 feet to the
Point of Beginning,
Said tract contains 84.331 Acres, more or less.
RR.l, Rural Residential:
A tract of land In the Southwest Quarter of the
Northeast Quarter of Section 25 except the
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Ordlnanca No.
Page 5
East 660.05 feet thereof; the South Half of the
Northwest Quarter of Section 25; the North
Half of the Southwest Quarter of Section 25;,
the Southwest Quarter of the Southwest
Quarter of Section 25; and the East Half of the
Southeast Quarter of SectIon 26, all In
Township 79 North, Range 6 West of the Fifth
Principal Meridian, described as:
Beginning at the Center of Section 25;
thence S 0'08'41" W, 1339.94 feet to the
southeast corner of the North Half of the
Southwest Quarter of Sectlorr 25;
thence S 8B' 50'25" W, 1320,88 feet to the
northeast corner of the Southwest Quarter
of the Southwest Quarter of Section 25;
thence S 1'09'35" E, 1320.00 feet to the
southeast corner of the Southwest Querter
of the Southwest Quarter of Section 25;
thence S 88'50'23" W, 1319.12 feet to the
southwest corner of Section 25;
thence S 89'09'38" W, 765,80 feet along the
south line of Section 26 to a point on the
west line of the senltary sewer easement
described In Book 1049, Page 346, of the
Johnson County Recorder's records;
thence N 25'23'09" E, t380.95 feet along
said west line to the south line of the
property described In Book 1164, Page 148,
of the Johnson County Recorder's records;
thence NO' 59'39" W, 584.99 feet to the
north line of said property;
thence N 89'00'21" E, 290.14 feet along the
north line of said property to the west line of
the above mentioned sanitary sewer
eesement;
thence N 25' 23'09' E, 607.16 feet along said
west line;
thence N 9'25'49" E, 276.74 feet along said
west line;
thence N 38'18'20' E, 26.90 feet along said
west line to the north line of the North Half
of the Southwest Quarter of Section 25;
Ithis point Is S 88' 50'25" W, 2181,24 feet
from the Point of Beginning end N
BB'50'25' E, 432.77 feet from the West
Quarter Corner of Section 251
thence S 88' 50'25" W, 140.73 feet elong
said north line;
thence N 32' 48'33" E, 698.84 feet;
thenco N 41'54'27" E, 388.36 foet;
thence N 50'55'36" E, 231.50 feot;
thence N 76'51'50" E,681.90 feet;
thence S 75 '02'01" E, 539.39 feot;
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Ordinance No,
Page 6
thence S 68'32'17" E, 374.14 feet;
thence N 67'52'28" E, 712.44 feet to a point
on the west line of the East 660.05 feet of
the Southwest Quarter of the Northeast
Querter of Section 25;
thence S 0'08'32" W, 1104.43 feet to the
southwest corner of said East 660.05 feet;
thence S 88'50'25" W, 667,08 feet to the
Point of Beginning,
Said tract co~talns 191.409 Acres, more or
less.
and ID-RM, Intarlm Devalopment Multl.Family
Resldantlal:
A tract of land in the East Half of the
Southeast Quarter of Section 26 and the
Northwest Quarter of the Southwest Quarter of
Section 25, and the Southeast Quarter of the
Northwest Quarter of Section 26, ail in
Township 79 North, Range 6 West of the Fifth
Principal Meridian, described as:
Beginning at the East Quar,ter Corner of Section
26; ,
thence N 8B'50'25" E, 432.77 feet along the
north line of the Northwest Quarter of the
Southwest Quarter of Section 25 to the'
west line of tha sanitary sewer easement
described in Book 1049, Page 346, of the
Johnson County Recordar's records:
thence S 38'18'20" W, 26.90 feet along said
west line;
thence S 9'25'49" W, 276.74 feet along said
west line;
thence S 25' 23'09" W, 607.16 feet along
said west line to the north line of the
property described in Book 1164, Page 148,
of the Johnson County Recorder's records;
thence S 89'00'21" W, 290.14 feat along the
north line of said property;
thence SO' 59'39" E, 584.99 feet to a point
on the south line of said property and the
west line of the above mentioned easement:
thence S 25' 23'09" W, 1380.95 feet along
the west line of said easement to a point on
the south line of Section 26:
thence S 89' 09'38" W, 550.00 feet to the
southwest corner of the East Half of the
Southeast Quartar of Sect/on 26:
thence N 0'10'51" W, 2004,B4 feet along the
west line of said East Half;
thence N 89' 21'53" E, 660.00 feet:
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Ordlnanca No.
Pege 7
thence N 0'10'51' W, 660.02 feet to a point
on the north line of said East Half;
thence N 0'10'51' W, 16.50 feet;
thence N B9'21'53" E, 20B.79 feet parallel to
the north line of said East Half to the
northwest corner of the property described
In Book 992, Page 820, of the Johnson
County Recorder's records;
thence S 0'38'16" E, 296.24 feet to the
southwest corner of said property;
thence N 89'21'53' E, 170.00 feet to the
southeast corner of said property;
thence N O'3B'16" W, 296.24 feet to the
northeast corner of said property;
thence N 89'21'53' E, 281,26 feet parallel to
and 16.50' north of the north line of said
East Half;
thence S 0'08'49' E, 16.50 feet to the Point
of Beginning.
Seid tract ~ontains 59.589 Acres, more or less.
SECTION II, ZONING MAP. The Building
Inspector is hereby authorized and directed to
change the Zoning Map of the City of Iowa
City, Iowa, to conform to this amendment upon
finel pessage, approval and publication of this
Ordinance as provided by iaw and notification
from the city development board thet the
annexetion is completed.
SECTION 111. CONDITIONAL ZONING
AGREEMENT. The Meyor Is hereby authorized
and directed to sign, and the City Clerk to
attest, the Conditional Zoning Agreement
between the owners of the property and the
City, and to certify the ordinance and
Conditionel Zoning Agreement for recordation
In the Johnson County Recorder's Office,
following passage and approvel, and
notification from the city development board
that the annexation is complete.
SECTION IV. REPEALER: All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repeeled.
SECTION V. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be Invelld or unconstitutional, such
adjudication shall not affect the validity of the
Ordinance as a whole or any section, provision
or part thereof not adjudged Invalid or
unconatltutional.
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Ordinance No.
Page 8
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SECTION VI. EFFECTIVE DATE. This
Ordinance shall be In effact after its final
passage, approval and publication, as provided
by lew.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Approved by
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DR,AFT
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal '
Corporation (hereinafter "City") and Sycamore Farms Company, an Iowa Corporation
(hereinafter "Owner").
WHEREAS, Owner has requested the City to annex and rezone an approximate 422 acres of
land located south of Highway 6, east of Sycamore Street and west of Sioux Avenue legally
described on Exhibit A from the County designation of RS, Suburban Residential and R3A,
Multl-Family'Residential, to RS-8, Medium Density Single-Family Residential, RFBH, Factory
Built Housing Residential, RM-12, Low Density Multi-Family Residential, RM-20, Medium
Density Multi-Family Residential, RR-1, Rural Residential and ID-RM, Interim Development
Residential Multi-Family; and
WHEREAS, Iowa Code 9 414,5 (1993) provides that the City of Iowa City may impose
reasonable conditions on granting Owner's rezoning request, over and above existing
regulations, in order to satisfy public needs directly caused by the requested change; and
WHEREAS, pursuant to the annexation policy of the City's Comprehensive Plan, the proposed
rezoning is subject to the developer agreeing to pay all of the costs associated with providing
infrastructure for development of the subject tract, except for any oversized costs for an east.
west arterial street if such an arterial street is located through the development; and
WHEREAS, the City wishes to ensure the appropriate allocation and suitability of neighborhood
open space and the availability of a public school site; and
WHEREAS, the property contains wetlands, areas of hydric soils and other environmentally
sensitive features; and
WHEREAS, pursuant to the Comprehensive Plan, it is the City's policy to preserve and protect
environmentally sensitive areas; and
WHEREAS, a contractual agreement with the Iowa Department of Natural Resources (IDNR)
obligates the City to protect environmentally sensitive areas In the vicinity of the Southeast
Interceptor Sewer line from potential adverse effects of dev~lopment; and
WHEREAS, Owner acknowledges that certain conditions and restrictions are appropriate In
order to ensure appropriate urban development on the southeastem edge of Iowa City.
NOW, THEREFORE, In consideration of the mutual promises contained herein, the Parties
agree as follows:
1, Sycamore Farms Company Is the owner and legal title holder of the property located
south of Highway 6, east of Sycamore Street, and west of Sioux Avenue, legally
described on Exhibit A, attached hereto and Incorporated by this reference,
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2. The Parties acknowledge that, pursuant to the annexation policy contained in the City's
Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay
all of the costs associated with providing infrastructure for development of the subject
tract, except for any oversized costs f9r an east-west arterial street if such an arterial
street Is to be located through the development.
3. Owner acknowledges that the City wishes to ensure appropriate allocation of
neighborhood open space and the availability of a public school site and that it Is the
City's policy and obligation to preserve and protect environmentally sensitive areas.
Therefore, Owner agrees to certain conditions over and above City regulations in order
to lessen the impact of the development on the area.
4. In consideration of the City's rezoning of the subject property from County RS and R3A,
Owner agrees that development and use of the subject property will conform to the
requirements of the applicable zones: RS-B, Medium Density Single-Family Residential,
RFBH, Factory Built Housing Residential, RM-12, Low Density Multi-Family Residential,
RM-20, Medium Density Mulli-Family Residential, RR-1, Rural Residential and ID-RM,
Interim Development Residential Multi-Family, In addition, the development and use of
the subject property will conform to the following additional conditions:
a. Owner will take adequate measures to protect the area and natural features
generally described as the "Snyder Creek Bottoms" from any adverse effects
from development of adjacent areas, These measures shall be specified In a
mitigation plan to be submitted with a preliminary plat for the area, prepared at
the expense of the applicant, and approved by the City.
b. The mitigation plan must include a concept plan for a trail or walkway system
within the "Snyder Creek Bottoms." The subdivider shall construct the trail or '
walkway system when either 50% of the property in the RS-B and RFB)-f zones
has developed or when the ID-RM area is rezoned, whichever occurs first.
c. Preservation of the "Snyder Creek Bottoms" via the establishment of a
conservation easement approved by the City,
d. Owner will establish a 100 foot no-build buffer zone around all jurisdictional
wetlands located outside of the conservation easement, except those for which
mitigation is approved, as set forth in the conservation easement.
The applicant shall inventory and document the jurisdictional wetiands, other
conservation values and the location of eXisting farming activities in the "Snyder
Creek Bottoms", The City must approve said inventory and documentation.
f. Owner shall dedicate open ~pace to the City. The amount of open space owner
must dedicate shall be based on the formula contained in the neighborhood
open space plan.
e.
g. Owner shall grant a pedestrian access easement over the existing Southeast
Interceptor Sanitary Sewer easement or in an alternative location, approved by
the City, to connect the trails within the Whispering Meadows Subdivision and
the City-owned property to the south of the Sycamore Farms property.
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CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made by and between Ie City of Iowa City, Iowa, a Municipal
Corporation (hereinafter "City") and Sycamor Farms Company, an Iowa Corporation
(hereinafter "Owne~'),
WHER~, Owner has requested the City \, annex and rezone an approximate 422 acres of
land loca d south of Highway 6, east of ?ycamore Street and west of Sioux Avenue legally
described ~Xhibit A from the County;deslgnation of RS, Suburban Residential and R3A,
Multi-Family esidential, to RS-8, Medi~m Density Single-Family Residential, RFBH, Factory
Built Housing esidential, RM-12, L Density Multi-Family Residential, RM-20, Medium
Density Mulli-F i1y Residential, RR- , Rural Residential and ID~RM, Interim Residential Muiti-
Family; and
WHEREAS, Iowa ode ~ 414. (1993) provides that the City of Iowa City may impose
reasonable conditio on gra ting Owne~s rezoning request, over and above existing
regulations; in order t satisfy ublic needs directly caused by the requested change; and
WHEREAS, pursuant to t e knexatlon policy of the City's Comprehensive Plan, the proposed
rezoning is subject to the veloper agreeing to pay all of the costs associated with providing
Infrastructure for develop e t of the subject tract, except for any oversized costs for an east-
west arterial street if sut an rterial street is located through the development; and
WHEREAS, the City, ~thes to e ure the appropriate allocation and suitability of neighborhood '
open space and the/ailability 0 a public school site; and
WHEREAS, the pr9perty contains etlands, areas of hydric soils and ot,her environmentally
sensitive features1and
WHEREAS, purs6ant to the Comprehen 've Plan, it is the City's policy to preserve and protect
environmentally l~enSitiVe areas; and '
WHEREAS, a ,60ntractual agreement with th Iowa Department of Natural Resources (IDNR)
obligates the ICily to protect environmentally nsitive areas in the vicinity of the Southeast
Interceptor Sewer line from potential adverse e rts of development; and
WHEREAs/owner acknowledges that certain co itlons and restrictions are appropriate in
order to eTure appropriate urban development on t southeastern edge of Iowa City.
NOW, THEREFORE, in consideration of the mutual pr Ises contained herein, the Parties
agree as! follows:
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1, }!iYCamore Farms Company is the owner and legal tit holder of the property located
,south of Highway 6, east of Sycamore Street, and st of Sioux Avenue, legally
described on Exhibit A, attached hereto and incorporated by this reference.
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Comprehensive Plan, the proposed rezoning Is subject to the developer agreeing to pay
all of the costs associated with providing infrastructure for development of the subject
tract, except for any oversized costs for an east-west arterial street if such an arterial
street is to be located through the development.
3. Owner acknowledges that the City wishes to ensure appropriate allocation of
neighborhood open space and the availability of a public school site and that it is the
City's policy and\llbligation to preserve and protect environmentally sensitive areas.
Therefore, Owner a rees to certain conditions over and above City regulations in order
to lessen the impact f the development on the area.
4. In consideration of the ity's rezoning of the subject p perty from County RS and R3A, '
Owner agrees that dev opment and use of the s ject property will conform to the
requirements of the applic ble zones: RS-8, Me~~ Density Single-Family Residential,
RFBH, Factory Built Housin Residential, RM-1fo, Low Density Multi-Family Residential,
RM-20, Medium Density Mul'-Family Reside9tlal, RR-1, Rural Residential and ID-RM,
Interim Residential Multi-Faml Zone. In jladition, The development and use of the
subject property will conform to the f~olow'ng additional conditions:
a. Owner will take adequate e ures to protect the area and natural features
generally described as the' yder Creek Bottoms" from any adverse effects
from development of adjace areas. These measures shall be specified in a
mitigation plan to be subm' ~ with a preliminary plat for the area, prepared at
the expense of the applic nt, a d approved by the City.
b.
The mitigation plan m t include concept plan for a trail or walkway system
within the "Snyder Cr ek Bottoms.' The subdivider shall construct the trail or
walkway system wh neither 50% of e property In the RS-8 and RFBH zones
has developed or en the ID-RM are is rezoned, whichever occurs first.
Preservation of the "Snyder Creek B ttoms" via the establishment of a
conservation i ement approved by the 'ty.
Owner will e~ablish a 100 foot no-build bu er zone around all jurisdictional
wetiands I09ated outside of the conservation e sement, except those for which
mitigation )5 approved, as set forth In the cons ation easement. ,
The ap~(cant shall inventory and document the urisdlctional wetlands, other
cotnseJ:Vation values and the location of existing fa Ing activities in the "Snyder
Cree Bottoms". The City must approve said inve ory and documentation.
o ner shall dedicate open space to the City. The a unt of open space owner
must dedicate shall be based on the formula contained in the neighborhood
open space plan.
g. Owner shall grant a pedestrian access easement over the existing Southeast
Interceptor Sanitary Sewer easement or in an alternative location, approved by
the City, to connect the trails within the Whispering Meadows Subdivision and
the City-owned property to the south of the Sycamore Farms property.
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Owner shall covenant with the City to reserve fifteen acres to be used for
construction of a public schopl. Owner, the City and the Iowa City Community
School District shall negotiate the location of the parcel for the potential school
site, Owner will retain possession of the parcel until the parcel may be
conveyed to the Iowa City Community School District as described herein: The
covenant will run with the title to that parcel which shall be designated a
"potential school site" on the Final Plat. This covenant shall remain in effect until
released of record by the City as set forth herein,
If the Iowa City Community School District decides to use the site and applies
for a BUilding Permit to build a school on the deSignated parcel within fifteen (15)
years from the date the parties 'execute this Conditional Zoning Agreement,
Owner shall convey the site to the School District. If the School District has not
applied for a Building Permit within fifteen (15) years from the date the parties
execute this Conditional Zoning Agreement, the covenant will expire and the use
of the parcel shall revert to the Owner. At that time, the City will execute a
release of the covenant so that the covenant will not constitute a lien and cloud
on the title to the parcel. That release will be recorded in the Johnson County
Recorder's Office at Owner's expense.
If during the time period the covenant Is in effect, the City enacts an Ordinance
requiring the payment of a School Impact Fee as part of the Final Plat approval
process, Owner will pay the required fees for those subdivision parts which have
not yet received Final Plat approval, No impact fees shall be paid for those
subdivision parts which have already received Final Plat approval at the time of
the enactment of the impact fee ordinance, However, if the School District uses
the site to construct a school and accepts conveyance of the sile, the City and/or
the School District will rebate to the Owner all fees previously paid and Owner
shall not be required to pay any additional impact fees for subdivision parts
which may subsequently be submitted for final plat approval. If at any time
during the fifteen (15) years fOllowing execution of this Conditional Zoning
Agreement, the School District determines that the reserved sile will not be used
for a public school, the School District will notify the City and Owner, and the
City will execute a release of the covenant upon receipt of written notice that
Owner has paid the required impact fees, if any.
i. Owner shall pay all costs associated with providing infrastructure for
development of the subject tract, including oversized costs, except for the
oversized costs for an east.west arterial street if such an arterial street Is located
through the development.
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5. The Owner acknowledges that the conditions contained herein are reasonable
conditions to Impose on the land under Iowa Code ~ 414.5 (1993), and that said
conditions satisfy public needs which are directly caused by the requested zoning
change.
6. The Owner acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform wilh the terms of this
Agreement.
7.
The Parties that this Agreement shall be deemed to be a covenant running wilh the land
and wilh title to the land, and shall remain in full force and effect as a covenant running
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with the title to the land unless or until released of record by the City, The Parties
further acknowledge that this Agreement shall inure to the benefit of and bind all
successors, representatives and assigns of the Parties,
B. Owner acknowledges that nothing in this Agreement shall be construed to relieve the
applicant from complying with all applicable local, state and federal regulations,
g. The Parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the Ordinance rezoning the subject property; and that upon adoption and
publication of the Ordinance, this Agreement shall be recorded in the Johnson County
Recorde~s Office.
Dated this
day of
, 1994.
SYCAMORE FARMS COMPANY
CITY OF IOWA CITY
By
By
Susan M. Horowitz, Mayor
By
Attest:
Marian K. Karr, City Clerk
Approved by:
City Attorney's Office
, STATE OF IOWA
JOHNSON COUNTY
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On this day of , 1994, before me,
, a Notary Public in and for the State of Iowa, personally appeared SlIsan M.
Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the
seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City Council,
as contained In Ordinance No. passed by the City Council on the
day of , 19 ,and that and Marian K. Karr
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
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STATE OF IOWA )
)SS:
JOHNSON COUNTY )
.5.
On this day of , 1994, before me, the undersigned, a Notary
Public in and for the Stale of Iowa, personally appeared and
, to me personally known, who being by me duly sworn did say
that they are the and ,
respectively, of the corporation executing the within and foregoing instrument, that no seal has
, been procured by the corporation; that said instrument was signed on behalf of the corporation
by authority of its Board of Directors; and that and
as officers acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily
executed.
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EXHIBIT A
SYCAMORE FARMS COMPANY ZONING
RM-20
A tract of land in the west one-half of the Southeast Quarter of Section 24, except the Eest 660.05
feet thereof, lying south of Highway 6 and the East 25 feet of the Southwest Quarter of Section 24
lying south of Highway 6 In Township 79 North, Range 6 West of the Fifth Principal Meridian,
described as:
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Beginning at the northeast corner of Bon-Alre Mobile Home Park according to the survey recorded
In Plat Book 2. Page 127, of the Johnson County Recorder's records, said pOint being lo~ated
on the southerly right.of-way of Highway 6 and the west line of the East 25 feet of the
Southwest Quarter of Section 24; ,
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thence following said rlght.of-way southeasterly 330.76 feet along a 5789,58 foot radius curve,
concave northeasterly, with a central angle of 3 '16'24' to a point that lies S 58' 45'25" E,
330.72 feet from the last described point;
thence following said rlght-of.way,S 61 '02'56' E, 465.18 feet to a point on the west Itne of the East
660.05 feet of the west half of the Southeast Quarter of Section 24;
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thence SO' 08'32' W, 987.08 feet to a point on the west line of said East 660.05 feet;
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thence N 89' 51 '28' W, 343.80 feet;
thence NO' OB'32' E, 461.22 feet;
thence S B9' 56'44' W, 343.82 feet to a point on the west line of said East 25 feet of the Southwest
Quarter;
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thence N 0'03'16' W,'922,03 feet to the Point of Beginning,
Said tract contains 15.000 Acres, more or less.
RFBH
A tract of land In the Northwest Quarter of Section 25; the west one-hall of the Northeast Quarter
of Section 25, except the East 660.05 feet; the west one-hall of the Southeast Quarter of Section
24, except the East 660.05 feel thereof, lying south of Highway 6; and the East 25 feet of the
Southwest Quarter of Section 24 lying south of Highway 6, all In Township 79, North, Range 6
West of the Fifth Principal Meridian, described as:
Beginning at the southeast corner of Bon-Alre Mobile Home Park according to the survey recorded
In Plat Book 2, Page 127, of the Johnson County Recorder's records, said point Is on the west
line of the East 25 feet of the Southwest Quarter of Section 24 and on the north line of Section
24;
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thence N 0 '03'16" W, 709.17 feet along said west line;
thence N 89' 56'44" E. 343.82 feet;
thence SO' 08'32" W, 461.22 feet;
thence S 89' 51 '2B" E, 343.80 feet to a point on the west line of the East 660,05 feet of the west half
of the Southeast Quarter of Sect/on 24;
. thence SO' 08'32' W, 242.42 feet to the northwest corner of the East 660,05 feet of the west half of
the Northeast Quarter of Sect/on 25;
thence S 0'08'32' W, 1545.16 feet, elong the west line of said Eest660.05 feet;
thence S 67' 52'2B" W, 712.44 feet;
thence N 68 '32'17' W, 374.14 feet;
thence N 75'02'01' W, 539,39 feet;
thence S 76' 51 '50' W, 526.28 feet to a point on the west line of the sanitary sewer easement
recorded In Book 1053, Page 40, of the Johnson County Recorder's records;
thence NO' 09'02' W, 1618.31 feet along said west line to a pOint on the north line of Section 25;
thence N 88' 21 '05' E, 75.03 feet along said north section line to the southwest corner of said
Bon.A1re Mobile Home Park;
thence N 88 '36'12" E, 1290.05 feet to the Point of Beginning,
Said tract contains 84.331 Acres, more or less.
RS-a
A tract of land In the west half of the Northwest Quarter of Section 25, Township 79 North, Range
6 West of the Fifth Principal Meridian, described as:
Beginning at the northwest corner of Section 25;
thence N 88'21'05' E,1244.42 feet along the north line of Section 25 to a pOint on the west line of
the sanitary sewer easement recorded In Book 1053, Page 40, of the Johnson County
Recorder's records;
thence S 0'09'02' E, 1618.31 feet along said west line;
thence S 76' 51 '50' W, 135.62 feet;
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thence S 50' 55'36" W, 231.50 feet;
thence S 41' 54'27" W, 388.36 feet;
Page 2
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thence S 32' 46'33" W, 698,64 feet to a point on the south line of the Northwest Quarter of Section
25;
thence S 88' 50'25" W, 292,04 feet to the West Quarter Corner of Section 25;
thence NO' 08'49" W, 2641.60 feel to the Point of Beginning.
Salq tract contains 61.963 Acres, more or less.
RR-I
A tract of land In the Southwest Quarter of the Northeast Quarter of Section 25 except the East 660.05
feet thereof; the South Half of the Northwest Quarter of Section 25; the North Half of the Southwest
Quarter of Section 25; the Southwest Quarter of the Southwest Quarter of Section 25; and the East Half
of the Southeast Quarter of Section 26, all In Township 79 North, Range 6 West of the Fifth Principal
Meridian, described as:
Beginning at the Center of Section 25;
thence S 0 '08'41' W, 1339.94 feet to the southeast corner of the North Half of the Southwest
Quarter of Section 25;
thence S 8B' 50'25' W, 1320.8B feet to the northeast corner of the Southwest Quarter of the
Southwest Quarter of Section 25;
thence S 1 '09'35' E, 1320.00 feet to the southeast corner of the Southwest Quarter of the
Southwest Quarter of Section 25;
thence S 8B '50'23' W, 1319.12 feet to the southwest corner of Section 25;
thence S 89' 09'38' W, 765.BO feet along the south line of Section 26 to a point on the west line of
the sanitary sewer easement described In Book 1049, Page 346, of the Johnson County
Recorder's records;
thence N 25 '23'09' E, 1380.95 feet along said west line to the south line of the property described
In Book 1164, Page 148, of the Johnson County Recorder's records;
thence NO' 59'39" W. 5B4.99 feet to the nO,rth line of said property;
thence N 89'00'21" E, 290.14 feet along the north line of said property to the west line of the above
mentioned sanitary sewer easement;
thence N 25' 23'09' E, 607.16 feet along said west line;
thence N 9'25'49" E, 276.74 feet along said west line;
thence N 3B '18'20' E, 26.90 feet along said west line to the north line of the North Half 01 the
Southwest Quarter of Section 25; (this point Is S 88' 50'25' W, 2181.24 feet from the Point of
Beginning and N 88' 50'25' E, 432.77 feet from the West Quarter Corner of Section 25)
Page 3
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thence S 88' 50'25' W, 140.73 feet along said north line;
thence N 32' 46'33" E, 698,64 feet;
thence N 41' 54'27" E, 388,36 feet;
thence N 50' 55'36" E, 231.50 feet;
thence N 76' 51 '50" E, 661,90 feet;
thence S 75 '02'01' E, 539.39 fe,et;
thence S 68' 32'17' E, 374.14 feet;
thence N 67 . 52'2B" E, 712.44 feet to a point on the west line of the East 660.05 feet of the
Southwest Quarter of the Northeast Quarter of Section 25;
thence SO' 08'32" W, 1104.43 feet to the southwest corner of said East 660.05 feet;
thence S 88' 50'25' W, 667.08 feet to the Point of Beginning.
Said tract contains 191.409 Acres, more or less.
ID-RM
, A tract of land In the East Half of the Southeast Quarter of Section 26 and the Northwest Quarter of the
Southwest Quarter of Section 25, and the Southeast Quarter of the Northwest Quarter of Section 26,
all In Township 79 North, Range 6 West of the Fifth Principal Meridian, described as:
Beginning at the East Quarter Corner of Section 26;
thence N 8B' 50'25" E, 432.77 feet along the north line of the Northwest Quarter of the Southwest
Quarter of Section 25 to the west line of the sanitary sewer easement described In Book 1049,
Page 346, of the Johnson County Recorder's records;
thence S 38 '18'20' W, 26.90 feet along said west line;
thence S 9 '25'49" W, 276.74 feet along said west line;
thence S 25 '23'09' W, 607.16 feet along said west line to the north line of the property described
In Book 1164, Page 148, of the Johnson ,County Recorder's records;
thence S B9 '00'21" W, 290.14 feet along the north line of said property;
thence SO' 59'39' E, 584.99 feet to a point on the south line of said property and the west line of
the above mentioned easement;
thence S 25' 23'09" W, 1380.95 feet along the west line of said easement to a point on the south
line of Section 26;
Page 4
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thence S 89' 09'38' W, 550.00 feet to the southwest corner of the East Half of the Southeast
Quarter of Section 26;
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thence N 0 '10'51" W, 2004.84 feet along the west line of said East Half;
thence N 89' 21'53' E, 660,00 feel;
thence N 0 '10'51' W, 660.02 feel to a point on the north line of said East Half;'
thence N 0 '10'51' W, 16.50 feet;
thence N 89' 21 '53' E, 208.79 feet parallel to the north line of said East Half to the northwest corner
of the property described In Book 992, Page 820, of the Johnson County Recorder's records;
thence SO' 38'16' E, 296,24 feet to the southwest corner of said property;
thence N 89' 21 '53" E, 170.00 feet to the southeast corner of said property;
thence NO' 38'16" W, 296,24 feet to the northeast corner of said property;
thence N 89' 21 '53' E, 281,26 feet parallel to and 16.50: north of the north line of said East Half;
thence S 0'08'49' E, 16.50 feet to the Point of Beginning.
Said irecl contains 59.589 Acres, more or less.
RM-12
A tract of land In the Northeast Quarter of the Southeast Quarter and the Southeast Quarter of the
Northeast Quarter of Section 26, Township 79 North, Range 6 Wesl of the Fifth Principal Meridian,
described as:
Beginning at the northwest corner of the Northeast Quarter of the Southeast Quarter of Section 26;
thence N 0'10'51' W,16,50 feet;
thence N 89' 21 '53" E, 660,00 feet parallel to and 16.50 feet north of the north line of said Quarter
Quarter;
thence S 0'10'51' E, 676.52 feet;
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thence N 0'10'51' W, 660.02 feet to the Point of Beginning.
Said tract contains 10.250 Acres, more or less.
Page 5
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City of Iowa City
MEMORANDUM
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Date: September 9, 1993
To: Planning & Zoning Commission
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I From: Robert Mlklo, Assoclale Planner
I Re: ANN92-0003 and REZ92-0015, Sycamore Farms Annexation and Rezoning
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I Please refer to the April 1, June 3 and August 13, 1993, memoranda and attachments regarding 1,:
Sycamore Farms (If you would like a copy of any of these memoranda, please contact staff). I,
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i: CONSERVATION EASEMENT I
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{, easement clearly spell out the Intent to retain the 'Snyder Creek Bottoms' as a natural area wllh
'I the exception of allowing the existing farming to continue for a specified period of time, The " ii
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i easement should clearly specify the exlent to which recreational or stormwater facilities would be f:
allowed to occur wllhln the SnYder Creek Botloms. Staff believes that the City should retain the , II I,!
right to review any proposal for recreational or stormwater management facilities within the "
conservation easement area, and to deny such proposals It they are determined to be . II I;!
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Inconsistent with the Intent of conserving the entire 'Snyder Creek Boltoms', Given this, we
would anticipate only minimal recreallonal facilities such as nature trails. Active facilities, such , , I
as ballparks, may be counter to the Intent of the conservation easement. Stormwater II
management facilities might be In keeping wllh the Intent of the easement, If they are designed I;
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to enhance the wetlands area. I'
Marsha Bormann, Assistant Clly Attorney, will discuss dllferences between the applicant's draft
conservation easement and what staff deems to be appropriate for a conservation easement for
this area.
ANNEXATION
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In addlUon to Issues regarding the conservation easement, there are other outstanding Issues
which must be resolved prior to the Commission formulating a recommendation to the Council
regarding the proposed Sycamore Farms annexation. The April 1 staff memorandum highlighted
the outstanding Issues at that lime, The Commission appears to have reached consensus on
several of those Issues, but others remain unresolved, as discussed below.
. The Commission appears to have reached a consensus that the annexation should occur only
If adequate measures are taken to protecl the 'Snyder Creek Bottoms' from any adverse
effects from development of the adjacent areas. These measures will need to be specified In
a mitigation plan to be prepared at the expense of the applicant and approved by the City.
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A conditional zoning agreement will need to specify the requirements for the preparation of a
mltlgatlon plan to be submitted with any preliminary plat for the area.
o The Commission appears to have reached a consensus that preservation of the 'Snyder Creek
Bottoms' should occur via dedication to the City or through the establishment of an acceptable
conservallon easement. As discussed above, details of the conservation easement must be
agreed to for thIs policy to be Implemented.
o The applicant has agreed to the dedication of a 15-acre school site, the location of which shall
be negoUated with the City and the Iowa City Community School District. The terms of the
condillonal zoning agreement regarding the school site dedlcallon should be similar to those
of the recenlly-amended Windsor Ridge agreement.
o The Commission appears to have reached a consensus that all costs for Infrastructure
Installallon, Including oversized costs, would be paid for by the developer In keeping with
Comprehensive Plan policies regarding annexallon.
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The Commission appears to have reached a consensus to generally accept the zoning pattem
as recommended by staff (see Exhibit A), As discussed In the August 13 memorandum regarding
a potenUaI conservation easement, staff would recommend that the area shown In exhibit A as
P, Public, be zoned RR-1, Rural Residenllal, If the Commission finds that a conservation
easement Is acceptable In lieu of dedication. The RR.1 zoning deslgnallon Is the least Intensive
zoning deslgnallon. The conservallon easement itself would restrict the development of the
property beyond the restrlcllons of the RR-1 zone to assure that the area remains In a natural
state.
In the attached letter dated May 2B, 1993, Terry Klrschenman, Iowa Department of Natural
Resources (IDNR), Indicated general concurrence with the proposed P zone or no.build area.
However, as Indicated In the letter and attached map, the IDNR recommends that the no-build
area be expanded to encompass the Southeast Sanitary Sewer Interceptor easement and an
Identllled Jurlsdlcllonal wetland. The Commission should decide whether or not to expand the
proposed P zone or RR.1 zone and conservallon easement to Include this area.
exhibit A depicts an area of RM-20, Medium Density Multi-Family Residential adjacent to Highway
6. The applicant has Indicated that he would like the Commission to consider RFBH zoning to
the west of the proposed collector street, and RM-20 zoning to the east of the proposed collector
street (see Exhibit B). Staff recommends that the zoning pattern shown In exhibit A be approved
rather than the zoning pattern proposed by the applicant. The zoning pattern proposed by staff
would provide for the establishment of a medium density multi-family translllon between Highway
6 and the lower density RFBH zoning proposed to the south, This pattern would also provide for
a clear demarcation between two housing types. Rather than the transition occurring across the
street, the transition would occur at side lot lines so that views across a slreet would be of similar
type dwelling uses.
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As discussed In the April 1 memorandum, staff recommends that the approximate 10 acre area
of County multi-family zoning, be zoned RM-12, Low Density Multi-Family Residential, only If the
access road Is Improved to City standards, If this upgrade Is not possible, this area should be
zoned ID-RM, Interim Development Multi-Family Residential. The road providing access to this
area currently Is unpaved and Is not adequate to serve traffic from a large multi-family
development. If additional mulll-famlly units are built In the area prior to the upgrade of this
access road, the City may have difficulty providing public services such as police, fire and transit
facilities generally needed In multl.famlly residential areas,
When the Commission reaches consensus regarding an appropriate zoning pattem for the
proposed annexation area, the applicant must provide actual legal descriptions of the proposed
zoning boundaries.
JURISDICTIONAL WETLANDS
The Commission has Indicated that the Jurisdictional wetlands should be defined by the Corps of
Engineers prior to the Commission taking action on the annexation, As discussed at previous
meetings, the applicant has requested that the Corps define the Jurisdictional Wetlands. The
Corps has been unable to do so, and has suggested that the applicant retain an environmental
consultant to prepare a study defining the Jurisdictional wetlands. Il may be appropriate for the
applicant to proceed In obtaining such a consultant at this time.
IDNR CONTRACT
The Commission also Indicated that concerns regarding the Interpretation of the contract language
between the IDNR and the City concerning funding for the Southeast Interceptor Sanitary Sewer
main should be resolved prior to the Commission taking action on this application. In the May
28, 1993, letter from Terry K/rschenman, the IDNR Indicates that concerns regarding the contract
language may be resolved If the 'Snyder Creek Bottoms' Is protected by the establishment of a
no.bulld area. As discussed earlier In this memo, the dedication of the area of the 'SnYder Creek
Bottoms' to the City or the establishment of a conservation easement may satisfy /DNR's
concems.
Staff Recommendal/on:
Staff recommends that the proposed Sycamore Farms annexation be approved subject 10:
. Adequate measures will be taken to protect the 'Snyder Creek Bol/oms' from any adverse
effects from development of adjacent areas. These measures shall be specified In a
mitigation plan to be submitted with a preliminary plat for the area, prepared at the
expense of the applicant, and approved by the City,
. The preservation of the 'Snyder Creek Bolloms' via dedication to the City or the
establishment of an acceptable conservation easement.
. The dedication of adequate open space to the Clly based upon Ihe formula contained In
the neighborhood open space plan.
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. The establishment of a pedestrian access easement over the existing Southeast
Interceptor Sanitary Sewer easement.
. The dedication of a 15.acre school site, the location of which shall be negotiated with the
City and the Iowa City Community School District.
The developer paying all costs for Infrastructure Installation, Including oversized costs,
. The access road to the RM.12 area depleted on Exhibit A being Improved to City
standards. If the access road Is not Improved to City standards, the area should be zoned
ID.RM.
Staff further recommends that the zoning pattern depleted In Exhibit A be approved, SUbJect to
a conditional zoning agreement addressing the above noted Issues, If these conditions are not
acceptable to the developer, staff recommends that the application for Sycamore Farms
annexation and rezoning be denied.
Attachments:
1. May 28, 1993, Letter from IDNR.
2, Exhibit A, Recommended Zoning Pattern,
3, Exhibit S, Applicants' Proposed Zoning Pattern.
Approved by:
~~
Monica Moen, Senior Planner
Department of Planning and
Community Development
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STATE OF
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DEPARTMENT OF NATURAl. F'lESOURCES
~ARRY J. WILSON, CIRICTOI\
, May 28, 1993
Mr, Stephen I. Atkins
City Manager
410 East WashingtOn St{U(
Iowa City, Iowa S224()..1826
RE: Comprehensive Land Use Plan
Iowa City, Iowa
C190830 05
Dear Mr, Atkins:
The Iowa Department of Natural Resources has received Ms. Monica Moen's May 3, 1993, letter and
concurs with the development concept presented at the April 21, 1993, meeting, Under the terms of the
grant agreement, Iowa City Is responsible for prot8l:tlng all seltlitive ll'e&s along the Southeast Interceptor
Sewer, Your proposal to Implement a no build area to prot8l:t the Snyder Creek bottoms in conjunction
with locally reviewed and approved mitigation plans for adjacent areas Is accepted. To avoid adverse
impacts along the corridor, we sUongly believe annexation of the entire 420 acre parcel wltli development
restrictions is preferable to annexation of the site Incrementally, The department is In general agreement
with the no build usa presented at the Aprll21, 1993, meeting provided the boundary line soul!\ of
Sycamore Avenue is further refined to avoid urban development in all sensitive areas, We have attached
for your consideration COlllDlents and a drawing provided by Mr. Tim Thompson in a memo dated May
27, 1993,
Should you have any questions, please call, My telephone number is 515.281.8885,
Sincerely,
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Te~chenman, P.E.
Project Manager
Wastewater S8l:tion
co: Timothy Thompson, Wildlife Bureau, Iowa City
Carol Thompson, lOS, Iowa City
Field Office 6
Rlcbard Fosse, Iowa City
Rlchud S, Rodes n, Iowa City
Ralph 'lUrlcle, IDNR
Ed Slallery, Des Moines
WALlACE srArs OFFIce BUILDING I nes MOINES, IOWA 5O.31U I e1S.2S1'I14~noD 511l-242'~ge11 PAl( 5150281.aeU5 ~~
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~OWA UE1'AR'fMENT OF NA'WRAI. RESOUnc~s
CORALVILLE W1LUL!F~ UNI~
INTM!lt:PM'fMF.m'^t, COMMUNICATION
TO. Terry l:irocherunnll. Wa.tAw~tAI' l'AT'1n\t ,~~etioll.
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D^TEI '7 May. 1993
FRO/II TiJll 'l:hompoon, Wndlifa BJ()1()~1."t.
$UBJEC'fl IOWQ City Gnnexatian COnr.~rning wn1.,'lld ~r~uG
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ThQ faltawino grQup of poopto mQt on May 2SJ Lan VrQk~ and nioha~d
RhodQs, both or tllA 1l111vor.ity of rOWR, Wayno ~otcrOQn, Soil Con.crvation
SorvinA, Rnrl mYR,lf. Lon llrQke aM II\Y$elf WQlkQd the SyeCllllora F~J:t'IS uea
thAt mornins. Th~ aOMonlus ot thQ sr,O'IP w~o to UOQ the basio hydrio loil
nl'AA tn t.he BO"th of the AVArtments saweBA lasoonl. 'J:hh aoiucidOl quite
niealy w1th th~ ~nWAr 1.1nA~AA~I"~nt of the city. It was aleo ro..Gonoc1 th_t
no hou'ing dava1:opmAnt wQ\lld be QllOW~d over the SAWer Hno Qllj'WQy. TIIU~,
we prapalG thQt thA M~w~r lino eQcall\ijU't And everY;I\inG to the ~Mt uf H
~. listod aa a nn d~v~lop,"ent Q'l:eo. This Ut,. wu still '1"1tij WdL with
atAndl.nS wotu in An"~ pl Mes Qnd hydliophytio p'lant~ oou14 be 'rlJuud olong ,
tho ~l.ty wute tr~atlTlant rance 1111~1
It wa~ .,tRn fp1t th~t tho QPQrtment uwar 11no (whioh ~rl vuL'l~d in A
rni.~pd !)qm) and the apartmant RAWIISO lOQoona imp~de the now to tha ,oouth.
Th1.~ System w111 Pr.Qbably be eliml.Mtod if it is ill the oity limite. If
th.ae atr.ucturcs ore nltl"inoted, the MturAl tlow will fUt'thcr AAturAte the
hy<lrio loil orco to the SIi. ThGr~ Are dQrinH~ WdLluu41 to tile Si/ ot thoSe
10,,00nl, thUl, tha jog to tho north QU the city p1'OPOSO\\ is prup<<r'. Hut
tho Una oontinuing NIlE ehould inolude tho O~wer lina eU$dllldl1~ to the pt1vnte
road (SYMmnr~ Avenue extonsion), thon GO to th" evu-y'tOp of the wntl\\lI~
bUl.n (which the G70 ~1"vnL11J1l ~oes opproximata).
WA (Ml that the dopos around tho top Of' the ~uln nt'. C1:itio~l ~nn I
With thpR~ slopa. beinS in permanAnt voactotion, it will prevent 51,111 ~rollon,
help ~i1ter sadimant O\lt bafora r.uehine tha Illarsh, Qlld p't'uvide 1I1ldll.t'Q
nogUng oovar. tn uphnd VaSAUt1v~ areQS 10catc4 at the Nil corMr anti NE
oornor, wo found few prairie forb.~. th~~ij ~reas were tlominated by cool
season 6"tassas.
RODid~a tho ptoPOOQd ll1inimWll prot~otion boundsry, some Clthn' it~JIls
wera notAd. First, no lOO-yoar flood plllin was shown IJll tho NOl.'th Bt'snch of
Snydar r.r~~k when aile dooo ox18t. Seoond, llO m1;1RsCion plAn rU1' Upland
impQata an the bottoll\hnd wC~l.nds hu bll~n d.v~tupu\1 by the annexation',
applic~nt. Thircl, (lloooordins to Hr. lUlodes), thQ dnirla6e trom tho NW has
boan listed as a jud"dlctional wotlQnd and ehould be proteoted or 1lI1USKto\l
for no mAtter WhAt thij quality of tM wetlancl.
'l'hAAA aro the oroup' e buia concopto on the phil. We Aho ~Sl:'OQ 'that"
th~ total arOQ ohould ~o oonaldft1:ed, not just ono l'Ol'Lion at a time. The
City .holllrl also comment on Any Imffe1: thllt JIlay ba iMlu\\Od, ,Ilur,'hh',tif'~llc
waste treatmnnt plant.
Not.. Riohard'l\hodu woe on jury duty a; ths tinlll 1,1,111, WKyne aM t metl he
Oamo in later in th~ afte~noon to ~xprcsB hi. oomments.
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City of Iowa City
MEMORANDUM
Dale: August 13, 1993
To: Planning & Zoning Commission
From: Robert MlkJo, Associate Planner
Re: ANN92-0003 and REZ92-0015, Sycamore Farms Annexation and Rezoning
When the Commission last discussed this application, there was a consensus that the City should
consider a conselVatlon easement over the Snyder Creek Bottoms area, as an alternative to
requiring that the property be dedicated to the City and zoned P, Public, If concerns regarding the
conservation of the area could be satisfactorily addressed within the easement. The applicant
has submitted a draft conservation easement for the Commission's consideration. Staff has also
drafted a conservation easement which we believe more specifically addresses the City's
concerns regarding the Snyder Creek Bottoms area. Both drafts are attached.
Although the two easements follow a similar format, the applicant's draft Is less specific In terms
of land uses that may occur within the Snyder Creek Bottoms outside of the Jurisdictional
wetlands. The applicant has Indicated the possibility of using portions of the Snyder Creek
Bottoms area for recreational uses and therefore treats the areas outside of the Jurisdictional
wetlands differently than the Jurisdictional wetlands themselves.
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The conselVatlon easement prepared by staff Includes elements which we believe, at a minimum,
are needed to comply with the City's contractual agreement with the IDNR, and Implement the
policies Indicated as appropriate by the Commission for this area. Staff's draft also contains
provisions for the potential use of the property to the south for filtration of effluent from the
wastewater treatment plant, and the right to use a portion of the conservation easement for
fIIlratlon In the event that the flow of water extends onto the property,
The applicant's draft also contains provisions for tax abatement and transfer of development
density, Staff does not believe that the City can make these commitments without specific plans.
In discussing the elements appropriate for a conservation easement, staff discussed the possibility
of requiring public access for traits and general public access within the Snyder Creek Bottoms
area. Staff believes that there may be liability and maintenance concerns that would arise If the
area was opened up for traits and general public access. ff It Is determined by the Commission
that general public access Is appropriate within the area, then dedication of the land to the City
would be a more appropriate means of providing the City with control and clarifying the Clly's
maintenance and liability requirements, If, however, the City's main objective Is to assure the
conselVatlon of the area In Its natural slale, without access to the general public, then a
conselVatlon easement would be acceptable.
If a conselVatlon easement Is placed over the Snyder Creek Bolloms area In lieu of dedication
to the City, slaff recommends that the area be zoned Rural Residential, RR1. The RRl zoning
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deslgnallon Is the least Intensive zoning deslgnallon. The conservallon easemenlllself would
restrict the development of the property beyond the restrlcllons of the RR1 zone to assure that
the area remains In a natural state,
By granllng a conservallon easement In lieu of dedlcallon to the public, the applicant would retain
ownership of the property as well as responslbililles for property tax and maintenance of the area.
The applicant could conceivably benefit from the IImlled development potenllal, granted by the
RR1 zoning, by seeking a Planned Development Housing Overlay (OPDH) zoning deslgnallon
on this and adjacent property, In this manner, the resIdential development denslly of one unIt per
five acres allowed In the RR.1 Zone, could be transferred to adjacent properties, If the City
granted the rezoning.
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August 13, 1993
STAFF DRAFT
CONSERVATION EASEMENT
This Conservation Easement Agreement is entered Into this day of
-, 1993, by (hereinafter "GRANTOR") and the CITY OF IOWA CITY,
IOWA, a municipal corporation (hereinafter "the CITY").
WHEREAS GRANTOR is the sole owner In fee simple of certain real property located In Johnson
County, Iowa, legally described on Exhibit A, attached hereto and Incorporated by this reference
(hereinafter '~he Property"); and
WHEREAS, the Property possesses natural, scenic, open space and aesthetic values (collectively
referred to as "conservation values"; and
WHEREAS In particular
WHEREAS, the parties documented the conservation values of the Property In an Inventory of
relevant features of the Property, dated . on file at the City
Clerk's Office and Incorporated by this reference (hereinafter "Baseline Documentation"), which
consists of reports, maps, photographs, and other documentation that the parties agree
collectively provide an accurate representation of the Property at the time of this Agreement and
which Is intended to serve as an objective Information baseline for monitoring compliance with
the terms of this Easement; and
WHEREAS, federal and state regulations require the protection of wetlands located on the
Property; and
WHEREAS, the CITY has an interest In protecting environmentally sensitive areas in the vicinity
of the Southeast Interceptor Sewer which area Includes this Property; and
WHEREAS the parties Intend to preserve and maintain the conservation values of the Property
by conllnulng current farming acllvltles which exist at the time the parties execute this Agreement
and do not significantly Impair or interfere with those values for a period of ten (10) years, After
ten years, the parties Intend to enhance the conservation values of the property by ceasing those
uses and restoring to Its natural state, those portions of the property that have been altered by
farming and other activities, and
WHEREAS, Chapter 457A, Code of Iowa (1993) provides thai the City may acquire conservation
easements in order to preserve scenic beauty, wildlife habitat, and wetlands or otherwise
conserve for the benefit of the public the natural beauty and natural resources of the state; and
WHEREAS, the GRANTOR and the CITY recognize the Property.s conservation values In Its
natural state, and share a common purpose In preserving scenic beauty, wildlife habitat, wet
lands and natural resources; and
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WHEREAS, by entering Into this Agreement, the parties agree to preserve and protect In
perpetuity the conservation values of the Property for the benefit of this generation and future
generations.
NOW, THEREFORE, pursuant to Iowa Code ~457A and In consideration of the above and the
mutual covenants, terms, conditions and restrictions contained herein, GRANTOR does grant and
convey to the CITY, Its successors and assigns, a conservation easement In perpetuity over the
Property as set forth below.
1. Purpose, The purpose of this Easement Is to assure that the Property will be retained
forever In Its natural, scenic and open condition and to prevent any use of the Property
that will slgnlflcantiy Impair or Interfere with the Its conservation values.
2. RIQhts of the City.
a. To accomplish the purpose of this Easement, GRANTOR grants the following
rights to the City:
1. The right to preserve and protect the conservation values of the Property.
2. The right to enter on the Property at reasonable times In order to monitor
Grantor's compliance with and otherwise enforce the terms of this
Easement.
3. The right to prevent any activity on or use of the Property which Is
Inconstant with the purpose of this Easement and to require the restoration
of such areas or features of the Property that may be damaged by any
Inconsistent activity or use pursuant to the provisions of paragraph 5.
4. After GRANTOR ceases the current land use pallerns as set forth In
paragraph 4 below, the right to restore, to Its natural state, any portion of
the Property that may have been altered by farming or other activity,
Including but not limited to, restoration of wetiands.
b. In addition to the rights set forth above, Grantor grants the City the following rights
to the City:
1.
In the event the City uses the land located south of the Property for
filtration of effluent from the Wastewater Treatment Plant, the right to use
a portion of the Property for filtration In the event the flow of the water
extends onto the Property.
The right to Install utility lines, Including storm sewers, sanitary sewers and
water mains, across the property provided the CITY obtains approval from
the appropriate state and federal agencies and restores any portion of the
Property damaged by the Installation of said lines.
3. Prohibited Uses Any activity on or use of the Property Inconsistent with the purpose of this
Easement Is prohibited. Without limiting this general prohibition, the following activllles and use
are expressly prohibited except as may be required by the current farming operation, the
restoration of the Property to lis natural state or In the course of any permitted activity:
a. Placement or construction of any buildings, structures or other Improvements
including but not limited to, resldenllal structures, mobile homes, camping
accommodations, fences, signs, billboards, or other advertising material.
2.
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b, Filling, excavating, dredging, mining or drilling; removal of top soil, sand, gravel,
rock, minerals or other materials; building of roads, parking lots or trails; or
changing the topography of the land In any manner.
c. Removal, destruction or cutting of trees or plants; disturbance or change in the
natural habitat in any manner except for the routine maintenance of trees or plants
and the removal of decayed or damaged vegetation, including weeds and noxious
plants,
d. Dumping of ashes, trash, garbage or other unsightly or offensive material, end
changing of the topography by placing soil or other substance or material such
as landfill or dredging spoils.
e, Manipulation or alteration of natural water courses or wetlands, or activities or
uses detrimental to water purity,
4. Reserved Riahts GRANTOR reserves to itself, and to its heirs, successors and
assigns, all rights as owner of the Property Including the right to use the Property for all purposes
not Inconsistent with the purpose and terms of this Easement. GRANTOR specifically reserves
the right to the continue current farming operations for ten (10) years from the date of this
Easement Agreement after which time it will cease farming. GRANTOR further reserves the right
to install utility lines, Including storm sewers, sanitary sewers and water mains, across the
property if need to serve the Sycamore Farms Development provided GRANTOR obtains approval
from the appropriate state and federal agencies and restores any portion of the Property
damaged by the Installation of said lines.
5, Citv's Remedies If the CITY determine that GRANTOR is In violation of the terms of
this Easement or Is threatening a violation, City shall give written notice to GRANTOR of such
violation and demand corrective action sufficient to cure the violation and, where the violation
involves Injury to the Property resulting from any use or activity inconsistent with the purpose of
this Easement, to restore the portion of the Property so injured. If GRANTOR fails to cure the
violation within thirty(30) days after receipt of notice or under circumstances where the violation
cannot reasonably be cured within a thlrty(30) day period, fails to begin curing such violation
within thlrty(30) days or falls to continue diligently to cure such violation until finally cured, the
CITY may bring an action at law or In equity to enforce the terms of this Easement, to enjoin the
violation, ex parte as necessary, by temporary or permanent Injunction, to recover any damages
to which it may be entitled for violation of the terms of this Easement or Injury to any
conservallon values protected by this Easement, Including damages for loss of scenic, aesthetic,
or environmental values, and to require the restoration of the Property to the condition that
existed prior to any such Injury, Without IImillng GRANTOR'S liability, the CITY , In Its sole
discretion, may apply any damages recovered to the cost of undertaking any corrective action
on the Property,
If CITY, In Its sole discretion, determines that circumstances require Immediate action to
prevent or mitigate significant damage to the conservation values of the Property, the CITY may
pursue its remedies under this paragraph without prior notice to GRANTOR or without wailing
for the expiration of period provided to cure, The CITY'S rights under this paragraph apply
equally In the event of either actual or threatened viola lions of the terms of this Easement.
GRANTOR agrees that the CITY'S remedies at law for any violation of the terms of this Easement
are Inadequate and that the CITY shall be entitled to the InJuncllve relief described above, both
prohibitive and mandatory, In addition to such other relief to which the CITY may be entllled,
Including specific performance of the terms of this Easement, without the necessity of proving
either actual damages or the Inadequacy of otherwise available legal remedies.
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6, Costs of Enforcement GRANTOR shall bear any costs Incurred by the CITY In
enforcIng the terms of this Easement against GRANTOR, Including but not limited to costs of
Inspection, administrative costs, costs of nOllflcatlon, costs of suit, attorneys' fees and any costs
01 restoration necessitated by GRANTOR'S vIolation of the terms of this Easement. If GRANTOR
prevails In any action to enforce the terms of the Easement, the CITY shall bear GRANTOR'S
costs of suit Including attorneys' fees,
7. The CITY'S DISCRETION Enforcement of the terms of this Easement shall be at the
CITY'S discretion. Any forbearance by the CITY in exercising Its rights under this Easement In
the event of a breach of any term shall not be deemed or construed to be a waIver of Such term
or of any Subsequent breach 01 the terms or of any of the CITY'S rIghts under this Easement.
No delay or omission by the CITY In the exercise of any right or remedy upon any breach shall
Impair Such right or remedy or be construed as a waiver.
a, Acts bevond GRANTOR'S ContrQ!, Nothing contained In this Easement shall be
construed to enlltle the CITY to bring any action against GRANTOR for any Injury to or change
In the Property resulllng from causes beyond GRANTOR'S control, InclUding but not limited to,
fire, flood, storm, and earth movement or from any prudent aellon taken by GRANTOR under
emergency conditions to prevent, abate, or mitigate sIgnificant InJury to the Property resulting
form Such causes,
10. Access No right of access by the general public to any portion of the Property Is
cOnveyed by this Easement.
11. Costs and Liabilities GRANTOR retains all responslbll/tles and shall bear all costs and
I/abll/tles of any kind related to the ownership, operation, upkeep, and maintenance of the
Property,
12. Taxes GRANTOR shall pay all taxes, assessments, fees and charges levied on or
assessed against the Property InclUding all real estate taxes.
13. SubseQuent Transfem GRANTOR agrees to Incorporate the terms of thIs Easement
In any deed or other legal Instrument transferring any Interest In all or part of the property,
Including leasehold Interests, GRANTOR further agrees to provide the CITY written notice of the
transfer of any Interest at leasl thirty (30) days prior to the effective dale of the transfer.
14. Notices Any notice, demand, request, consent, or communication that either party
desires or Is requIred to give to the other shall be In wrlllng and either personally served or sent
by first class mall, postage prepaid to the following addresses:
15. Recording GRANTOR shall record this Easement In the Johnson County Recorder's
Olf/ce,
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16. Successors and Asslens The terms and provisions of this Easement shall Inure to
the benefit of and bind the successors and assigns of the respective parties and the covenants
shall run with the land and with the tile to the land,
STATE OF IOWA )
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JOHNSON COUNTY )
On this day of , 19_, before me, the undersigned, a Notary
Public In and for said County, In said State, personally appeared
, to me known to be the Identical person1ID, named In and who executed
the within and foregoing Instrument, and acknowledged that (he/she/thevl executed the same
as (his/her/their} voluntary act and deed,
Notary Public In and for the State of Iowa
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this day of , 1 g _' before me, the undersigned, a Notary
Public In and for said County, In said State, personally appeared
, to me known to be the Identical person1ID, named In and who executed
the within and foregoing Instrument, and acknowledged that (he/she/they) executed the same
as (his/her/their) voluntary act and deed.
Notary Public In and for the State of Iowa
STATE OF IOWA )
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JOHNSON COUNTY )
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On this day of , 1 g _' before me, the undersigned, a Notary
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Notary Public In and for the Stale of Iowa
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071693
provide an accurate representation of the property at the time
of this Agreement and which is intended to serve as an
objective information baseline for monitoring compliance with
the terms of this Easement; and
WHEREAS, federal and state regulations require the
protection of jurisdictional wetlands located on the Property;
and
WHEREAS, the city of Iowa city, Iowa contracted with the
Iowa Department of Natural Resources (IDNR) to protect
environmentally sensitive areas in the vicinity of the
southeast Interceptor Sewer which area includes this Property;
and
WHEREAS, the parties intend to preserve and maintain the
Conservation Values of the Property by continuing current land
use patterns which exist at the time of this Agreement until
the earlier of (1) 20 years from the date of this Agreement or
(2) the development of the land lying to the West of the
After this event, the GRANTOR will terminate
Property,
farming.
WHEREAS, the GRANTOR and the GRANTEE recognize the
Property's Conservation Values in its natural state, and share
a common purpose in preserving scenic beauty, jurisdictional
wetlands and natural resources; and
WHEREAS, by entering into this Agreement, the parties
agree to preserve and protect in perpetuity the Conservation
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071693
Values of the Property for the benefit of this generation and
future generations.
NOW, THEREFORE, pursuant to Iowa Code Section 1110 and in
consideration of the above and the mutual covenants, terms,
conditions and restrictions contained herein, GRANTOR does
grant and convey to the GRANTEE, its successors and assigns,
a conservation easement in perpetuity over the Property as set
forth below.
1. PURPOSE, The purpose of this Easement is to assure
that the jurisdictional wetlands will be retained forever in
its natural, scenic and open condition and to prevent any use
of the Property that will significantly impair or interfere
with its Conservation Values.
2. RIGHTS OF THE GRANTEE.
a. To accomplish the purpose of this Easement,
GRANTOR grants the following rights to the GRANTEE:
(1) The right to preserve and protect the
Conservation Values of the Property.
(2) The right to enter on the Property at
reasonable times in order to monitor GRANTOR'S compliance with
and otherwise enforce the terms of this Easement.
(3) The right to prevent any activity on or
use of the Property which is inconsistent with the purpose of
this Easement and to require the restoration of such areas or
features of the Property that may be damaged by any
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inconsistent activity or use pursuant to the provisions of
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patterns as set forth in paragraph 4 below, the right to
restore, to its natural state, any portion of the
jurisdictional wetlands that may have been altered by farming
or other activity. The restoration of jurisdictional wetlands
shall be at the expense of the GRANTEE. The GRANTOR must
approve the restoration plan, so that such plan does not
interfere with the adjacent development. Furthermore, the
restoration plan shall not require the removal or modification
of any use of the property, approved previously by the city of
Iowa city.
3. PROHIBITED USES.
a. Jurisdictional Wetlands, Any activity on or
use of the jurisdictional wetlands inconsistent with the
purpose of this Easement is prohibited. without limiting this
general prohibition, the following activities and use are
expressly prohibited except as may be required by the current
land use patterns, the restoration of the property to its
natural state or in the course of any permitted activity:
(1) Placement or construction of any
buildings, structures or other improvements including but not
limited to, residential structures, mobile homes, signs,
billboards, or other advertising material.
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(2) Filling, excavating, dredging, mining or
drilling; removal of top soil, sand, gravel, rock, minerals or'
other materials; building of roads, parking lots; or changing
the topography of the land in any manner.
(3) Removal, destruction or cutting of trees
or plants; disturbance or change of the natural habitat in any
manner except for the routine maintenance of trees or plants
and the removal of decayed or damaged vegetation, including
weeds and noxious plants,
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as landfill or dredging spoils.
(5) Manipulation or alteration of natural
water courses or wetlands, or activities or uses detrimental
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b. Property.
(1) Placement or construction of any
buildings, structures or other improvements including but not
limited to, residential structures, mobile homes, !ligns,
billboards, or other advertising material.
(4) Dumping of ashes, trash, garbage or other
unsightly or offensive material, and Changing of the'
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4 . RESERVED RIGHTS, GRANTOR reserves to itself, and to
its heirs, successors and assigns, all rights as owner of the'
Property including the right to use the Property for all
purposes subject only to the rights and restrictions
specifically permitted to the GRANTEE. GRANTOR specifically
reserves the right to continue the current land use patterns
including farming until the earlier of (1) 20 years from the
date of this Agreement or (2) the development of the land
lying to the West of the Property, GRANTOR further reserves
the right to install utility lines, including storm sewers,
sanitary se~ers and water mains, across the property if needed
to serve the Sycamore Farms Development provided GRANTOR
restores any portion of the Property damaged by the
installation of said lines. GRANTOR further reserves the
right to build storm water retention basins and other
facilities required as a part of the development plan for the
Sycamore Farms Development.
5. GRANTEE'S REMEDIES. If the GRANTEE determines that
GRANTOR is in violation of the terms of this Easement or is
threatening'a violation, GRANTEE shall give written notice to
GRANTOR of 'such violation and demand corrective action
sufficient to cure the violation and, where the violation
involves injury to the Property resulting from any use or
activity inconsistent with the purpose of this Easement, to
restore the portion of the Property so injured. If GRANTOR
fails to cure the violation within thirty (30) days after
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071693
receipt of notice or under circumstances where the violation
cannot reasonably be cured within a thirty (30) days period, .
fails to begin curing such violation within thirty (30) days
or fails to continue diligently to cure such violation until
finally cured, the GRANTEE may bring an action at law or in
equity to enforce the terms of this Easement, to enjoin the
violation, ex parte as necessary, by temporary or permanent
injunction, to recover any damages to which it may be entitled
for violation of the terms of this Easement or injury to any
Conservation Values protected by this Easement, including
damages for loss of scenic, aesthetic, or environmental
values, and to require the restoration of the Property to the
condition that existed prior to any such injury. Without
limiting GRANTOR'S liability, the GRANTEE, in its sole
discretion, may apply any damages recovered to the cost of
undertaking any corrective action on the Property.
If' GRANTEE, in its sole discretion, determines that
circumstances require immediate action to prevent or mitigate
significant damage to the Conservation Values of the Property,
the GRANTEE may pursue its remedies under this paragraph
without prior notice to GRANTOR or without waiting for the
expiration of period provided to cure. The GRANTEE'S rights
under this paragraph apply equally in the event of either
actual or threatened violations of the terms of this Easement.
GRANTOR agrees that the GRANTEE'S remedies at law for any
violation of the terms of this Easement are inadequate and the
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GRANTEE shall be entitled to the injunctive relief described
above, both prohibitive and mandatory, in addition to such'
other relief to which the GRANTEE may be entitled, including
specific performance of the terms of this Easement, without
the necessity of proving either actual damages or the
inadequacy of otherwise available legal remedies.
6. COSTS OF ENFORCEMENT. GRANTOR shall bear any costs
incurred by the GRANTEE in enforcing the terms of this
Easement against GRANTOR, including but not limited to costs
of suit, attorneys' fees and any costs of restoration
necessitated by GRANTOR'S violation of the terms of this
Easement. If GRANTOR prevails in any action to enforce the
terms of the Easement, the GRANTEE shall bear GRANTOR'S costs
of suit including attorneys' fees.
7. THE GRANTEE'S DISCRETION. Enforcement of the terms
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forbearance by the GRANTEE in exercising its rights under this
Easement in the event of a breach of any term shall not be
deemed or construed to be a waiver of such term or of any
subsequent breach of the terms or of any of the GRANTEE'S
rights under this Easement. No delay or omission by the
GRANTEE in the exercise of any right or remedy upon any breach
shall impair such right or remedy or be construed as a waiver.
8. ACTS BEYOND GRANTOR'S CONTROL. Nothing contained in
this Easement shall be construed to entitle the GRANTEE to
bring any action against GRANTOR for any injury to or change
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in the Property resulting from causes beyond GRANTOR'S
control, including but not limited to, fire, flood, storm, and,
earth movement or from any prudent action taken by GRANTOR
under emergency conditions to prevent, abate, or mitigate
significant injury to the Property resulting from such causes.
9. ACCESS. No right of access by the general public to
any portion of the Property is conveyed by this Easement.
10. COSTS AND LIABILITIES.
GRANTOR retains all
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responsibilities and shall bear all costs and liabilities of
any kind related to the ownership, operation, upkeep, and
maintenance of the Property.
11. TAXES. GRANTOR shall pay all taxes, assessments,
fees and charges levied on or assessed against the Property
including all real estate taxes.
12. SUBSEOUENT TRANSFERS. GRANTOR agrees to incorporate
the terms of this Easement in any deed or other legal
instrument transferring any interest in all or part of the
property, including leasehold interests, GRANTOR further
agrees to provide the GRANTEE written notice of the transfer
of any interest at least thirty, (30) days prior to the
effective date of the transfer. The GRANTOR reserves the
right to transfer the Property and the Obligations hereunder
to a Homeowner Association in the Sycamore Farm Development.
13. NOTICES. Any notice, demand, request, consent, or
communication that either party desires or is required to give
to the other shall be in writing and either personally served
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071693
or sent by first class mail, postage prepaid to the following
addresses:
14. RECORDING. GRANTOR shall record this Easement in
the Johnson County Recorder's Office, Johnson County, Iowa.
15. IOWA CITY. The city of Iowa city, Iowa is an
interested party of the Easement Agreement, and as such
agrees:
a. Not to modify, operate or use it I S adjacent
property, to injure, reduce or damage the Conservation Values
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of the Property.
b. Not to object to the development of the
adjacent property because of the terms of the Conservation
Easement.
c. To accept the dedication of the Property
subject to the conservation Easement, provided that the
GRANTOR is in full compliance herewith.
d. To abate the taxes on the Property.
e. To allow the transfer of density of
to the property described on Exhibit C.
units
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071693
15. SUCCESSORS AND ASSIGNS, The terms and provisions of
this Easement shall inure to the benefit of and bind the
successors and assigns of the respective parties and the
covenants shall run with the land and with the title to the
land.
GRANTOR:
GRANTEE:
CITY OF IOWA CITY, IOWA
BY:
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this day of , 19 , before
me, the undersigned, a Notary Public in and for saId County,
in said state, personally appeared ,
to me known to be the identical person(s) named in and who
executed the within and foregoing instrument, and acknowledged
the (he/she/they) executed the same or (his/her/their)
voluntary act and deed,
Notary PUblic in and for the
State of Iowa.
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071693
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this day of , 19 , before
me"the undersigned, a Notary Public in and for saId County,
in said state, personally appeared ,
to me known to be the identical person(s) named in and who
executed the within and foregoing instrument, and acknowledged
the (he/she/they) executed the same or (his/her/their)
vOluntary act and deed.
Notary Public in and for the
State of Iowa.
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
"
On this day of , 19 , before
me, the undersigned, a Notary Public in and for saId County,
in said state, personally appeared ,
to me known to be the identical person(s) named in and who
executed the within and foregoing instrument, and acknowledged
' the (he/she/they) executed the same or (his/her/their)
voluntary act and deed.
Notary Public in and for the
state of Iowa.
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City of Iowa City
MEMORANDUM
Date: June 3, 1993
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To: Planning and Zoning Commission
From: Robert MlkJtssoclate Planner
Re: ANN92.0003, REV92.0015, Sycamore Farms
The Commission last discussed this application at Its April 15, 1993 meeting. The most recent
staff memorandum regarding this application dated April 1, 1993, Is attached, The April 1
memorandum Mines the outstanding Issues regarding this application and contains staff's
recommendation,
At the April 12 and 15 Commission meetings, there appeared to be a consensus among the
Commissioners to not look favorably upon an annexation request which did not Include the entire
420 acres originally proposed by the applicant. There also appeared to be consensus regarding
the acceptance of staff's recommendation regarding the general zoning classifications that would
apply to this property If It Is annexed Into the clly.
The attached letter dated May 3, 1993, from Monica Moen to Terry Klrschenman, concerns Item
#1 from the April 1, 1993, staff memorandum. Staff Is expecting a response from lORN and will
Include It with this memorandum or distribute It at the June 1 meeting, depending on Its arrival
dale.
The applicant has Indicated that he would like to propose the establishment of a conservation
easement In the area Identified by staff as being appropriate for dedication to the CIIy, We
anticipate that the Commission will discuss the applicant's proposal for a conservation easement
and other outstanding Issues regarding this application at the June 1, 1993 Informal meeting.
Attachments:
1. April 1 , 1993 staff memorandum
2, May 3, 1993 leller from Monica Moen
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City of Iowa City
MEMORANDUM
Date: April 1, 1993
To: Planning & Zoning Commission
From: Robert Miklo, Associate Planner
Re: ANN 92-0003, REZ 92-0015, Sycamore Farms
Unresolved Issues:
At the February 4, 1993, formal meeting, the Commission Indicated that there were three Issues
that required resolution prior to the Commission taking action on this application. These Issues
are outlined as follows:
1. The resolution of the differences In the Interpretation of the contract language
between the IDNR and the City of Iowa City concerning funding for the southeast
Interceptor sewer main, Via the attached letter dated March 23, 1993, the IDNR
Indicates that the CIIy's revised land use plan for Fringe Area 6, Including the Sycamore
Farms area, does not satisfactorily direct development away from environmentally
sensitive areas. The IDNR further Indicates that this concern must be resolved prior to
their approval of sewer extensions and hookups to the southeast Interceptor sewer line,
The City may be able to resolve this concern by adopting a land use plan and zoning
pattern for the Sycamore Farms area that directs development away from the 'Snyder
Creek Bottoms'. Given the seriousness of IDNR's concern, staff recommends that the
City not take final action on this annexation requesl unlllthis Issue Is resolved.
2. The final detlneatlon of the Jurisdictional wetlands by the Corps of Engineers and
the Iowa DNR, To date this dellneallon has not been completed. II the 'Snyder Creek
Bottoms' area Is dedicated to the Cily as suggested later in this memo, this Issue would
be less of a concern, because all areas containing jurlsdlcllonal wetlands appear to be
contained within the bottoms and therefore would come under Cily control.
3, A review of what other communities do In terms of regulating development adjacent
to environmentally sensitive areas. Staff has researched the policies and regulations
of several communities in terms of hydric solis and wetland areas. The attached memo
contains a discussion of these Issues.
Prior to acting on this application, the Planning and Zoning Commission should determine whether
or not these issues have been adequately resolved or whether the Commission's recommendation
to the CIIy Council should be conditioned upon these Issues being resolved at the Council level,
In light of the recently adopted growth and annexation policy contained In the Comprehensive
Plan, which stales that 'petitions for voluntary annexation should be viewed positively when Clly
ordinances governing zoning and development are adequate to deal with any unusual
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ordinances governing zoning and development are adequate to deal with any unusual
conditions that exist In the area proposed for annexation...., the Commission must also
determine whether or not requirements for stormwater mitigation plans and other conditions
placed on the zoning are sufficient to meet the intent of this policy, This Issue Is discussed
further near the end of this report.
Zoning:
In addition to these Issues, questions regarding the proposed zoning pattern of the areas to be
annexed must be resolved, In a letter dated March 1B, the applicant Indicated that he would like
to amend the zoning application to reinstate the request for the proposed CC-2 zoning adjacent
to Highway 6, (In a letter dated January 29, he had requested that this area be zoned RFBH and
RM-20.) He has requested the BO acres located in the southWest portion of the proposed
annexation area be rezoned RM-20. He had previously requested RM-12 zoning In this area.
Staff has recommended ID-RM (Interim Development Multi-Family) zoning in this area. These
zoning Issues, and the applicant's request that the City pay for oversized infrastructure costs, are
discussed below.
Proposed CC-2 Zoning:
The applicant states that they have determined that there is lack of developable CC-2 property
in the city. At the March 1 B meeting, the applicant presented an overview of areas that currently
contain undeveloped CC-2 zoning and stated that, based on population growth, these areas were
not sufficient. The applicant's analysis of CC-2 zoning does not appear to be based on a
statistical analysis and does not take Into consideration development potential of vacant CN-l and
CI.1 zones and the recentiy adopted CB.5 zone, which also arc anticipated to serve the
commercial needs of future growth within Iowa City.
The "Availability of Commercially Zone Land for Retail Activity Within Iowa City" analysis prepared
by the City's Economic Development Coordinator Indicates that existing and projected needs for
commercial development can be satisfied In existing commercial developments and zones, This
analysis was based on population projections and nationally accepted statistics on market
demand for commercial goods and services.
As discussed In the Economic Development Coordinator's analysis, at most, 35 acres of vacant
commercially zoned land will be needed for sales growth In the business categories of general
merchandise, food, apparel, eating and drinking establishments, homfl furnishings, and specialty
retail, This assumes that Iowa City could capture the entire sales growth from Johnson County
and the surrounding market area, and that some of the sales growth would not be captured by
existing businesses or businesses locating In currently vacant commllrclal developments. The
city currentiy has 53 acres of vacant commerclaliy-zoned land for these ~ypes of commercial uses
(vacant land In the CN-1, CC-2, CB-2, CB.5, and CB.10 zones). The City also contelns
approximately 46 acres of vacant CI.1 zoned land (not including 20 acres of Dane's property
currently In the process of being annexed). The analysis concludes that mora than enough
vacant land exists to meet the expected demand for commercial land use~.
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In addition to the vacant areas zoned for commercial development, some of the existing
commercial zones are underdeveloped, containing excess parking areas, and/or small
unsubstantial buildings, which do not fully capitalize on the market potential of surrounding areas.
The zoning of additional areas to CC-2 may detract from any incentive to Infill or redevelop these
underutlllzed commercially-zoned areas for more compact and more efficient community shopping
centers,
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In addition to reviewing the appllcant's request for CC-2 zoning In relationship to City-wide supply
of commercial zoning, the appropriateness of this particular location for commercial development
should be examined. The CC.2 zone is designed to have a community-wide market and to offer
goodS and services that will draw customers from throughout the Iowa City area, Examples
would Include the Westport Plaza area, the K-MartlPepperwood shopping center and the
Sycamore Mall. The 20 acres of CC-2 zoning proposed by the applicant would be sufficient to
duplicate anyone of these three shopping centers. Given the vacancies that Sycamore Maff and
Eastdale Plaza have had In recent years, the need for another shopping center In close proximity
to these existing centers is questionable. Even If It were determined that the City needed an
additional community.wlde shopping center, would the location proposed by the applicant be
appropriate?
The applicant has Indicated that the granting of higher density residential and commercial zoning
Is necessary as a trade.off for avoiding development In the 'Snyder Creek Bottoms.' The
reduced development potential of the 'Snyder Creek Bottoms' Is a resuit of the presence of
wetlands and environmental constraints. These conditions should be reflected In the price of the
land because of the reduced development potential, It Is not the City's responsibility to subsidize
the land expense by granting speculative zoning in trade for non.development of these areas,
Staff reiterates Its recommendation that the proposed CC.2 zoning not be approved for the
following reasons:
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The proposed CC-2 zoning would be In close proximity to a nearly vacant CN.l zoning
located to the northwest and could be the beginning of another strip of commercial
development resulting In negative Impacts, such as traffic congestion and conflicts
between residential and commercial development.
In addition to vacant and underutillzed CC.2 zoning, the City contains a supply of CB.5,
CI-1 and CN.l zoning that should first be developed prior to the establishment of new
commercial areas.
The proposed CC-2 zoning is In close proximity to existing shopping center developments
Including Sycamore Mall, Eastdale Plaza, and the K.MartlPepperwood Shopping Center,
and thus may duplicate rather than enhance communlty.wide shopping opportunities.
Even If the City were In need of a major new commercial district, the location proposed
by the applicant may not necessarily be the best location to serve community-wide needs.
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The proposed CC.2 zoning Is not In compliance with the recent amendments to the
Comprehensive Plan, which Include a land use concept Indicating manufactured housing
In the area proposed for commercial zoning by the applicant.
RM.20 Zoning:
The applicant has proposed that the zoning application be amended to Include approximately 80
acres of RM-20 zoning between the current southerly clly limits and the City's wastewater
treatment plant. Staff had recommended thallhe RM.12 zoning Initially proposed by the applicant
In this area not be approved but rather that the area be zoned ID.RM (Interim Development Multi-
Family). The area now proposed for RM-20 zoning Is not compact and contiguous to existing
development and does not contain sufficient City Infrastructure or services.
In addition to Infrastructure, Including the upgrade of Sycamore Street, a new collector street to
service the area and oversized water and sewer lines (which the applicant Is requesting that the
City subsidize), there are services such as police, fire and transll which the Clly must provide to
multi-family areas. Given the Isolated location of the proposed RM.20 zoning, the City would not
be able to efficiently provide these services at this time,
Access to the proposed 80 acres of RM.20 zoning Is via Sycamore Street and an unimproved
county road. Nellher of these roads Is adequate to serve traffic from a large multi. family
development. The County has expressed a concern regarding the adequacy of Sycamore Street
(the portion which will remain In the County If this annexation Is approved) to serve further
development and the liability to maintain the street If higher denslly development Occurs,
In addition to these concerns, II may not be appropriate to develop large areas (In excess of 20
acres) for RM.20 zoning on the periphery of the community. The concentration of BO acres of
RM.20 zoning In one location would have Impacts on traffic In this area by concentrating higher
density of development In one location. It would be In the communlly.wlde Interest to scatter
areas of RM-20 zoning throughout the Clly rather than concentrate RM-20, and the associated
Impacts In one neighborhood.
Approximately the southern half of the proposed RM.20 zone Is served by the Eastern Iowa Ught
and Power Company, rather than Iowa-illinois Gas and Eleclrlc, which has a franchise to serve
the remainder of the city. Prior to development In this area, the Clly must establish a franchise
agreement wllh Eastern Iowa Ught and Power Company,
Ills staff's position that, wllh the exception of the area currently zoned multi-family In the county,
the area proposed for RM.20 zoning should be zoned ID.RM. The area currently zoned multi.
family In the county should be rezoned RM-12, subject to the upgrade of the access road to the
property from Sycamore Street. If this upgrade Is not possible, this area should also be zoned
ID.RM.
OversIzed Costs:
The applicant stales that the overslzlng of streets and utilities will be an extraordinary burden on
his development and Is counter to the CHAS report which encourages the production of affordable
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housing. He also states that this overslzlng will not benefit anyone In the next 10 to 30 years and
that It will not be of benefit to his development directly, The oversized costs referred to are the
costs for additional paving on collector streets and for larger water lines needed to creale a
network to serve both Sycamore Farms Development and 10 allow the extension of utilities and
streets to adjacent properties as they develop. Much of the benefit of the oversized costs will be
utlllzed by the Sycamore Farms Development, which In Itself will require collector streets and
larger water lines to create a network. Therefore, the applicant will receive benefit from these
Infrastructure networks.
The applicant has also stated that adjacent properties may not develop for 10 to 30 years, Some
of these adjacent properties are Immediately adjacent to the City limits and have the same
relatlonshlp to current development as Sycamore Farms Itself, There Is nothing to Indicate that
these areas will not develop even prior to portions of the Sycamore Farm site.
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The recently adopted annexation polley states that, "Prioritization of public Investment In
Infrastructure and public amenities such that obligations to properties currently within the
corporate limits take precedence will be adopted as a guide to the City's Capital Improvements
Program". The applicant's proposal that the City pay oversized costs for Sycamore Farms Is In
direct conflict with this recently adopted polley,
Ills true that the CHAS encourages the producllon of affordable housing, If the City wishes to
subsidize that affordable housing, It may be more effective to do so by providing subsidies to
developments within the current city limits rather than pay City funds for the oversized cosl for
the Sycamore Farms Development. For example, if the City placed the expense for oversized
costs directly Into housing construction as Is being proposed with the Greater Iowa City Housing
Fellowship, the City would have direct control and assurance that those funds produce affordable
housing, rather than having to rely on the developer to produce that affordable housing In the
future.
If the applicant Insists on these conditions for the proposed Sycamore Farms annexation, It may
be appropriate to maintain the recently adopted growth and annexation policies and deny the
proposed annexatlon. In this way, the City would not be assuming financial liability for the
proposed development. It Is the City's Intent to subsidize affordable housing that may be
accomplished more directly by Investing funds within the current City limits.
Potential County Development:
If the area remains In the County, development will require City review of any zoning changes and
City review and approval of plats, The Fringe Area Policy states that In this area development
shall be buill to full City standards. Based on these requirements the City could assure that
subdivisions within the Sycamore Farms area meets City standards In terms of Infrastructure. The
City would also be able to examine plats for sensitivity to environmental concerns and could place
restrictions on developments to assure the mitigation of potentially adverse effects on the "Snyder
Creek Bottoms." Development would !!Q! be on municipal sewer, however, and the City would
not control the zoning of the property.
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Recommended Zoning:
As an altemallve to the zoning pallern proposed by the applicant, staff recommends the zonIng
pallem depleted on Exhibit A. As shown on Exhibit A, It may be appropriate to place AM-20
zoning adjacent to Highway 6 and RFBH zoning to the south. In this way the AM zoning would
provide a translUon from Highway 6 to the lower density AFBH zone to the south and would not
result In the establishment of strip commercial development at this entryway to the city.
There appears to be a consensus that the generallocallons of the larger RFBH zone and AS.B
zone are appropriate subject to the final dellneallon of weiland boundaries and any buffers
between the wetlands and development. An actual legal description of the proposed zoning
boundaries must be provided prior to Council conslderallon of these rezonlngs,
As discussed eartler In this report, the BO acres of proposed RM-20 zoning is In an area where
It will not be possible to provide sufficient Infrastructure and services for some time. Exhibit A
Indicates that this area should be zoned ID.RM with the excepllon of the approximately 10 acres
currently zoned multi-family by the County. Staff recommends that the area zoned mulll.famlly
by the County be zoned RM-12, condllloned upon the Improvement of the access road to collector
street slandards.
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As discussed below, the recently-adopted amendments to the Comprehensive Plan Indicate that
annexations should be considered only when City ordinances are adequate to address unusual
condlllons. Given the environmentally sensillve conditions of the 'Snyder Creek Bottoms', staff
believes that the Sycamore Farms annexation should only be considered If the Snyder Creek
Bottoms are fully protected from development. This could best be achieved by dedlcallon of the
area to the City. Therefore, Exhibit A recommends P, Pubtlc zoning for the area.
The applicant has Indicated that areas In the northern portion of Snyder Creek Bolloms may be
approprlate for a school site. Given the Isolated location of this area In relationship to the
development that will occur In the uplands, staff believes that this is not an appropriate locallon
for a school site, This area may be beller suited for less Intensive development such as parkland.
Based on the proposed neighborhood open space plan, the Sycamore Farms area would require
between 10-15 acres of dedicated open space. The northern portion of the Snyder Creek
Bolloms may be an appropriate location for such open space.
Development of EnvIronmentally Sensitive Areas:
The development and adoption of regulations for environmentally senslllve areas will require
considerable time. The recently adopted growth and annexation policies state that, 'Petlllons for
voluntary annexallon should be viewed positively If the City ordinances governing zoning and
development are adequate to deal with any unusual condlllons that exist in the area proposed
for annexation.' Based upon this polley the City should only consider this annexallon request II
condllloned upon the preparallon of an adequate millgallon plan to protect the wetlands from
changes In hydrological conditions, caused by development of the adjacent uplands, and the
removal of the environmentally senslllve area, the 'Snyder Creek Bottoms', from the area to be
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developed. The City Is under no obligation to grant speculative commercial or multl.famlly zoning
In exchange for adhering to the growth and annexation policies.
5taff Recommendation:
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Staff recommends that the proposed Sycamore Farms annexation be approved subject to:
Adequate measures will be taken to protect the 'Snyder Creek Bottoms' from any adverse
effects from development of adjacent areas. These measures shall be specified In a
mitigation plan to be prepared at the expense of the applicant and approved by the City.
The preservation of the 'Snyder Creek Bottoms' via dedication to the City, This would
also satisfy the condition that adequate open space shall be dedicated to the City based
upon the formula contained In the neighborhood open space study,
The dedication of a 15 acre school site, the location of which shall be negotiated with the
City and the Iowa City Community School District.
The developer shall pay all costs for infrasltucture installation, Including oversize cost.
The access road to the RM-12 area depicted on Exhibit A will be improved to collector
street standards.
Staff further recommends that the zoning pattern depleted In Exhibit A be approved, subject to
a conditional zoning agreement addressing the above noted Issues. If these conditions are not
acceptable to the developer staff recommends that the application for Sycamore Farms
annexation and rezoning be denied.
Attachments:
1. March 23, 1993, letter from Terry L. Klrshenmann, IDNR
2. Staff memorandum regarding local regulation of development In environmentally sensitive
areas.
3, Exhibit A: Recommended Zoning
Approved by: ~ ~
Monica Moen, Senior Planner
Department of Planning and
Community Development
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Recommended Zoning Pattern
SUbject to Verification of Wetlands
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CITY OF IOWA CITY
May 3, 1993
Terry L, Kirschenman, P.E.
Project Manager - Wastewater Permits Section
Iowa Department of Natural Resources
Wallace State Office Bldg.
Des Moines, IA 50319
Dear Terry:
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Thank you for the opportunity to meet with you and Wayne Farrand on April 21, 1993,
concerning Iowa City's consideration of an annexation proposal for 420 acres located
southeast of Iowa City in the vicinity of the Southeast Interceptor Sewer, The City has been,
and continues to be, committed to the protection of a significant environmentally sensitive
area included within the 420 acre parcel and extending beyond this parcel, This sensitive area
has come to be known as the Snyder Creek bottoms,
As illustrated on the map I presented at our April 21 meeting (copy enclosed), the City has
defined an area outlined in purple within the 420 acre parcel that defines the minimum
margins of an area in which the City would permit no dev~lopment if the annexation proposal
illustrated by the green boundary were approved, The purpose of this restriction Is to assure
that development is directed away from these sensitive features.
The boundary on the northern portion of the no-build area Is based on the 670 elevation line
which defines the top of the ridge separating the upland from the area containing the Snyder
Creek bottoms and jurisdictional wetlands, In the southwestern portion of the no-build area,
the slopa which demarcates the transition from the uplands to the Snyder Creek bottoms is
more gradual and topographic changes, therefore, are less useful for demarcating the
transition. In this area, the proposed margin is drawn to encompass the general location of
wetlands and the 100-year floodplain.
As I noted at our meeting, a mitigation plan developed by the annexation applicant and
reviewed and approved by the City wlll more thoroughly define measures to limit secondary
impacts on the wetlands. It is our understanding that IDNR will not review and approve the
mitigation plan; at your suggestion, the mitigation plan will be reviewed and approved locally.
410 lAST WASHINGTON STItUT. IOWA CITY, IOWA J2240.IIU '1'19) J"o5OOO. FAX (Jill JU.Uot
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May 3. 1993
Page 2
I also indicated to you that it is the City's intent to require the applicant to delineate all
jurisdictional wetlands on the 420 acre parcel, It is also our understanding that the IDNR and
the City agree that annexation of the entire 420 acre parcel is preferable to annexation of
portions of the site incrementally,
We appreciated the opportunity to meet with you personally on April 21 and we look forward
to your response regarding our understanding of our meeting, If you have any questions,
please do not hesitate to call me at (319) 356.6243.
Sincerely,
~~
Monica,Moen
Senior Planner
cc: Steve Atkins
Chuck Schmadeke
Rick Fosse
Karin Franklin
Steve Bright
Ed Slattery
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TERRY E. BRANllT"D, QOVIRNOII
DEPARTMENT OF NATURAL RESOURCES
LARRY J. WILSON, .'RICTOIl
May 28, 1993
Mr. Stephen J. Atkins
City Manager
410 East WashingtOn SlI'Ul
Iowa City, Iowa S224Q.1826
RE: Comprehensive Land Use Plan
Iowa City, Iowa
C190830 05
Dear Mr, Atkins:
The Iowa Department of Natural Resources has received Ms. Monica Moen's May 3, 1993, letter and
concurs with the development concept presented at the April 21, 1993, meeting, Under the terms of the
grant agreement, Iowa City Is responsible for protecting all seiUitive areas along the SOutheastInterceptor
Sewer, Your proposal to Implement a no build area to protect the Snyder Creek bottoms in conjunction
with locally reviewed and approved mlllgation plans for adjacent areas Is accepted. To avoid adverse
impact.! along the corridor, we strongly believe annexation of the entire 420 acre parcel with development
restrictions is preferable to annexation of the site Incrementally, The department is In general agreement
with the no build area presented at the April 21, 1993, meeting provided the boundary llne south of
Sycamore Avenue Is further refined to avoid urban development In all sensitive areas. We have attached
for your consideration COlllDlen13 and a drawing provIded by Mr, Till! Thompson in a memo dated May
27, 1993,
Should you have any questions, please call. My telephone number is 515.281-8885,
Sincerely,
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Project Manager
Wastewater Section
cc: Timothy Thompson, Wildlife Bureau, Iowa City
Carol Thompson, lOS, Iowa City
Field OffIce 6
Rlcbard Fosse, Iowa City
Rlchatd S. Rodes II, Iowa City
Ralph Turkle, IDNR
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iOWA UcI'AR'rHENT OF NATtJML RESOUl\C~S
!NTMll~;PAR'fMr.NT^I, CONHUNICATION
CORALVILLE WILULLI'E UNIT
TOI Terry i:irocherunotl, Wa3tAw~tAr ~A,.,n\t ,~~eti~n... VATEI n :1~v. 1993
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rnOHI rim Thom~Don, Wildlife BJ.olo~i."t.
SUBJECT I Iown City onne~ation Cnnr.~rnlns wttl~nd ~~~uG
ThQ foUowina grQUp of PQoplQ mot on May 25J Lon Dralle and nioha~d
RhodQs, both or thA Univorsity of tOW~1 W~ynO ~oteroon, Soil COn8Qrvatlon
SorvlnA, Rnd mYMlt'. Lon OrAke aM "IY$elf wnlked the SYCllIItora r~r1il$ nea
thftt morning. Th~ OUMon.us ot the S~U\IP W~D to uae the basio l\ydrio .oil
nrAP. t~ the BOI\th of the AIlArtmsnts lewaSA lasoon.. This ouillcido. lluite
nicely with thl SAWA!' l.lnAAMQln~nt of th~ aity. It was also roc-Donod thdb
no hO~~ing deve'l:npmAnt wQ\\ld be ollowod over the SAWGr line dl\YWCY. Thu~,
we ptOpolI thot thA ~~I/or Uno eADomuil'~ ftnd everYthinS to the ~M t uf tt
be lhtod U R. nn d~vqlopment ereo. This uea wa~ ~till q1l1t~ w~t I/ith
otAlldinS water in An,"~ pl~CQ' end hydliophytio p-ltnt~ oou14 be 1'41ulld 410ns '
tho oltl" waste trM,tmont ralleo llll~.
It wa~ ~,\~n ,pH th~t the ApArtment SONor lil\o (I/hioh ~t, vuL'1~d in 4
rnl ~.rt Ilcm) and the &putmAnt ~Awaso laooona impede the 1'low to the ,Qouth.
Tllte system will pr.obably be elimiMtod if it 13 ill the oity limHs. U
thooe otT.lloturoo ore nUI/finated, tho nHturftl flow wUl fut'thor AAturAte the
hYdrio loil eroe to the SII. There Are dori,\tt~ W~tlulldl to tile So nf theBe
lo~oons, thu., the jog to the north AU the city proposocl is pruV~!'. HIlt
the line oontinu!.ng NNE Ihoule! inClude the ~uwer lina 6"S~iII~llt to the privnte
rood (Syn~mn~q Avenue exton.ion), thon go to thv evuy'tOp of the W~tl,M\l
bosin (which the G70 el"YIIllulI doe. epproXimato),
WA !~~l that the slopos around tho top Of' the bAsln are critl.o&l ir~la,
With th.A~ Slopel be!.ng in permAnent vogetation, it will provent sUll ~roI1on,
help filter sodiment out beforo r.eR.ehine tll~ 1I10t'Sh, dl\eI provido wlldll.:'e
nQsting Qovor. Xn upbnd vOBAtative argaS 10Qotecl Rt Che NW corner dnel NE
eo~noll, I/O found fell prairie forboo. 'l'''~ij~ ~~'ees were dominated by cool
SGeson ttu~es,
Rooiclu the ptopOOAd lllinimWll PI'otuotlon bOUlld~ry, some sthn it~lIlB
wore notAd. Firlt, no lOO-you flood plein Wos shown UIl the North Bt'oMh o(
Snydor r.~~Qk when one dOOD Qxht. Seoona, no mitlRMion plAn ru~' Uplantl
impacts on the bottolllland WQtl~nds has bMn dIV~luvu~ ~y thB annexation "
~pplieant, Thitd, (aoOOO7.'din8 to Mr. lUlodes), the dL'dna6o from the NW has
boon tiateel 01 II jurhc\lotional wotlend and shOuld be proteotod 07.' 11l1tl~ijtou
for no mAtter IIh~t tllij qu~1ity of thO wetland.
'!'hAM Arc thQ UrOUp'D bUiO oonocpta on the plan. \ole 4l$u iSt'OQ 'that..
tho total IrQQ should bo eOlloidftrod, not juet OlIO l'UL'tion at Q time. The
City shnlllrl nho oommont on Any IlllUor thllt may be illQ1Udod"IlUl:hh (it 'the
wante treatmnnt Plent.
Noh, Rir.hnrd'Rhodu I/OD On jury duty At cho timll TIUIl, WK)'ne and % metl he
C~mo in htn in the afternoOI\ to ~XVt'oss his oomments.
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City of Iowa CHl
MEMORANDUM
Date:
April 1, 1993
To: Planning & Zoning Commission
From: Robert Miklo, Associate Planner
Re: Local Regulation of Development in Environmentally Sensitive Areas
The Commission requested that staff conduct research into ways in which other communities
have regulated development in or adjacent to environmentally sensitive areas, Of 'particular
interest were policies and practices pertaining to development in areas of hydric soils, high
water tables, and jurisdictional wetlands, Staff's research included a review of literature
pertaining to these issues, a review of ordinances from communities which regulate
development in sensitive areas, and interviews with planners from communities which have
such regulations. This research revealed that there are several communities which have
policies or practices implemented through regulations to control development in and adjacent
to wetlands to help assure that harmful effects on wetlands from a development are
mitigated. Many of these regulations contain similar requirements, such as specifications for
buffer strips, or permitting procedures, that may be applicable to developments such as the
proposed Sycamore Farms, These elements of regulations which may be appropriate for
adoption in Iowa City are discussed later in this report; an actual draft of an ordinance has not
been prepared.
Hvdric Soils
Our research did not reveal any communities which have specific regulations for areas
containing hydric soils, Although some of tha regulations dealing with wetlands regulated
hydric soils when it was demonstrated by a soil scientist that they were In some way related
to a larger wetlend (i.e. in addition to haVing hydric solis the area that contained an Indication
of hYdrophytic vegetations or hydrology associated with the wetland), In essence, these
arees of hydric soils would appear to be marginel wetlands that did not meet the strict
definition of jurisdictional wetlands according to the Army Corps of Engineers,
Hiah Weter Table~
Specific regulations perteining to erees of high water tebles also did not appear to be
common, However, planners from some communitias stated that issues regarding
construction in areas of high water tables were handled on a case.by.case basis and that
sometimes the construction of basements was prohibited, as has been done In past
subdivisions in Iowa City. The state of Oregon Uniform Building Code does contain specific
regulations pertaining to construction In areas of high water tables. These building codes
specify that an engineer must certify construction plans for basements In such areas to assure
thet they ere structurally sound.
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Local Reaulatlon of Wetlands
Several communities have specific and detailed regulations, which go above and beyond the
regulations enforced by the Army Corps of Engineers, pertaining to development of land
containing or adjacent to jurisdictional wetlands, These regulations are genarally based on an
inventory of wetlands which is mapped and is protected by an overlay zone. Often
development of properties containing any portion of the mapped wetlands must seek a special
permit issued by a conservation board or a planning and zoning commission. These
regulations often specify a buffer in which construction mey be regulated or prohibited. Some
of the regulations require that a soil scientist be hired to define the boundaries of the wetland
ereas and to prepare a mitigation plan.
Through the permitting process, mitigation efforts such es those described by Ed Slattery, the
applicant's consulting engineer, are required. These mitigation efforts might include the
requirement for filtering of storm water through detention basins prior to release into a
wetland, requirement for buffer strips and the planting of vegetation, and sometimes the
prohibition of development within 25 to 100 feet of the identified wetlands. The ettached
article from Land Development Magazine (Exhibit AI provides a brief discussion of a mitigation
plan, including a 150 buffer strip, for a development in Pennsylvania.
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Eugene, Oregon is in the process of adopting the most recent and perhaps most Innovative
set of regulations pertaining to the development of properties containing or adjacent to
wetlands. A copy of Eugene's regulations is attached (Exhibit B). These regulations require
a 100 foot buffer but may allow the buffer to be decreased if wetland enhancement is
provided elsewhere on the site or if the buffer is increased in other areas of the site.
Schaumberg, Illinois; Windsor, Connecticut and Westchester County, New York, have similar
provisions, Low impact land uses, such as treils and public or private open space, are allowed
in these buffer zones.
Eugene's regulations also provide for three classifications of wetlands ranging from the most
pristine to marginal wetlands. The degree of regulation and depth of buffer varies according
to this classification. In this way, rather than epplying a strict standard to all wetlands there
is an incentive to protect the most important wetlands and incentives to Improve more
marginal wetlands in exchange for developmant in closer proximity to other wetlands on a
site.
Many of the planners Interviewed indicated that, in addition to specific regulations applied to
areas containing wetlands, land use plans and policies are used to direct development away
from environmentally sensitive areas. For example, a regional planning agency in the Madison,
Wisconsin area has Identified environmentally sensitive corridors. The extension of Infra-
structure Including utility lines and public streets Is reviewed closely In these corridors In order
to avoid development adjacent to wetlands and other environmentally sensitive areas, For
example, the regional authority which provides sewer treatment service may choose not to
extend trunk lines into areas that are environmentally sensitive.
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Many localities also require that conservation easements ba placed upon lands containing
wetlands and adjacent buffer areas. These conservation easements assure that in perpetuity
no development will Occur within these environmentally sensitive areas, however, the
landowner retains ownership of the property and may be able to transfer the density to more
developable areas of the site.
Develooment of Local Reoulations
Development of local regulations for sensitive areas, including wetlands, will require
considerable time and may require that the City hire consultants who are experts In
environmental planning and engineering,
As stated earlier, the first step in regulating development of properties containing and adjacent
to wetlands requires the identification of wetlands. This may include jurisdictional wetlands
and marginal wet/ands, which do not necessarily meet the Army Corps of Engineers' definition
of a jurisdictional wetland. The attached "Options for Local Involvement with Wetlands
Protection" was prepared by a regional planning agency in Michigan (Exhibit E). It outlines
the procedures involved in wet/and mapping.
Recognizing the amount of time and effort needed to develop such regulations, the City may
wish to adopt interim policies for application to developments which include wetlands. Such
policies might include the requirement for mitigation plans and buffer strips as part of
conditional zoning agreements which would be developed on a case.by.case basis.
Attachments
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PRELIMINARY DRAFT.. March t,.1993
I. Create a new subsection 9.268(h) as follows:
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9.268(h) Wetland Buffer Subdistrict.
Pursuant to the Wetland Buffer Provisions in section 9.264, a subdistrict may be
created within any district listed in this Zoning O~dinance when considered necessary
according to the purpose stated in section 9.264. The subdistrict shall be designated
by the suffix "WB" added to the symbol of the parent district. All uses permitted in
the parent zone shall be allowable in this Wetland Buffer Subdistrict provided they are
outside the Wetland Buffer Area as described in subsection 9.264, Site plan approval
based upon compliance with Wetland Buffer Subdistrict provisions must be secured
prior to application for a building permit for development within the Wetland Buffer
Subdistrict.
II, Create a new section 9.264 as follows:
9.264 Wetland Buffer Provisions
1. Purpose, The primary purpose of wetland buffers and setbacks is to maintain
or improve water quality within protected wetland sites identified in the West Eugene
Wetland Special Area Study, Secondary benefits of buffers and setbacks include
creating open space between the resource and adjacent uses, helping to maintain or
improve wildlife habitat values and wetland hydrology, protecting the aesthetic value
of the site and minimizing property damage from floods.
The provisions of this subdistrict are intended to implement policies in the
Metropolitari Plan which call for protection of wetlands, wildlife habitat, and surface
and ground water quality. The provisions of this subdistrict are also intended to
address state and federal laws and policies which regulate development within jurisdic-
tional wetlands to protect water quality, including applicable provisions of the Federal
Clean Water Act and the State of Oregon's wetland laws.
The Wetland Buffer Subdistrict is also intended to maintain or enhance open space
areas adjacent to wetlands identified for protection in the West Eugene Wetland
Special Area Study. These open space areas are intended to contain native vegetation,
and convey, store, or improve the quality of urban stormwaler runoff, while providing
habitat for wildlife, and where appropriate, provide legally obtained access for channel
maintenance. Uses and activities permitted in these areas are restricted in most cases
to those that meet the objectives of this subdistrict. Where conflicting uses or
Draft WB Sub-district .. March 8, 1993
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activities must occur, either conditional use permit or site plan approval based upon
confonnance with specified Natural Resources Special Standards is required to
minimize adverse impacts.
2. Applicability, The Wetland Buffer Subdistrict applies to new development or
redevelopment on lots or parcels which are adjacent to wetlands identified for
protection in the West Eugene Wetland Special Area Study, concurrent with or
subsequent to public acquisition and rezoning of the adjacent wetland parcels to
Natural Resources District.
(a) Specifically, this subdistrict encompasses lots or parcels any part of
which contain or are within or contiguous to Wetland Buffer Areas as
described in this subsection, In some instances buffers will be required for new
development even though existing adjacent developments have no buffer.
(b) The provisions of the Wetland Buffer Subdistrict do not exempt a
person or property from stale or federal laws and regulations that protect water
quality, wetlands, or other natural areas,
(c) In some cases, the Wetland Buffer Subdistrict may overlap with'the NR
Natural Resources District, the Waterside Protection Subdistrict or the
Willamette River Greenway. In these cases, only one review process is
requir,ed as follows:
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(2)
Where the Wetland Buffer Subdistrict and the NR District
overlap, only the provisions of the NR District are applied.
Where the Wetland Buffer Subdistrict and the Waterside
Protection Subdistrict are applied to the same tax lot, only one
site pllll1 review process is required. This review will address
the provisions of both subdistricts, The Wetland Buffer
provisions will be applied to wetlands identified for protection in
local plans and policies. The Waterside Protection provisions
will be applied to any other water features on the lot that arc
identified and mapped in adopted plans, policies or inventories.
Where the Wetland Buffer Subdistrict and the Willamette
Greenway overlap, only the provisions of the Willamette
Greenway provisions are applied,
(3)
3. WeIland. Buffer~. Wetland Buffer Areas shall consist of the area between
the jurisdictional wetland boundary accepted by the Oregon Division of State Land and
the U.S. Army Corps of Engineers and the wetland buffer setback line as specified in
this subsection, Standard Wetland Buffer setback distances are determined by the
Draft WB Sub.district .. March 8, 1993
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value category of the adjacent wetland, and whether or not the buffer setback area is
enhanced. Wetland value categories are defined according to the criteria contained in
the West Eugene Wetland Special Area Study,
(a) Wetland ~ Cateeories, Three wetland value categories shall be used
for applying setbacks, buffer requirements and other protection measures
applied to wetlands designated for protection in the West Eugene Wetland
Special Area Study (protected wetlands), The three categories are: High Value
Wetlands, Moderate Value Wetlands and Low Value Wetlands. A list of
protected wetland sites indicating the wetl'and value category of each is
included in the West Eugene Wetlands Plan,
(b) Standard Wetland Buffer Setback Distances, Standard Wetland Buffer
Setback distances are measured horizontally from jurisdictional wetland
boundaries accepted by the Oregon Division of State Lands and the U.S. Army
Corps of Engineers, Wetland Buffer Setbacks are of two types: Type I, in
which no enhancements are required within the setback area, and Type II, in
which vegetative and stormwater quality enhancements are required, Property
owners shall have the choice of whether the Type I or Type II Buffer Setback
is applied to their property, unless a Type I Buffer Setback would preclude any
economically viable use of a parcel. In those cases, a Type II Buffer Setback
would be applied, Standard Wetland Buffer Setback distances are as follows:
(I) High Value Wetlands shall have a Type I setback of 100 feet with
no site enhancements; OR a Type II setback of 50 feet meeting
vegetative, stormwater, and other enhancement standards as specified in
Natural Resources Special Standards A through D,
(2) Moderate Value Wetlands shall have a Type I setback of 50 foot
wiih no site enhancements; OR a Type II setback of 25 feet meeting ,
vegetative, stolmwater, and other enhancement standards as specified in
Natural Resources Special Standards A through D.
(3) Lower Value (MitigationlEnhancement) Wetlands. Disturbed
agricultural wetlands designated for enhancement or mitigation in the
West Eugene Wetland Special Area Study shall not have a buffer
setback outside the wetland boundary.
(c) Buffer Reduction for ~Intensity Uses, A 10% reduction from the
standard buffer setback distances shall be allowed when the adjoining use is
one of the following: low density residential, public parks and open space, or
agriculture.
Draft WE Sub.district .. March 8, 1993
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categories of uses: those allowed by the parent district outside of the Wetland Buffer
Area, and a more restrictive list allowed within the Wetland Buffer Area.
A. Outside Wetland Buffer ~ the uses permitted in this subdistrict are
the same as those permitted in the parent district.
B, Within WeIland Buffer Areas:
(1) Uses Pennitted Outrieht. Within Wetland Buffer Areas, the
following uses are permitted outright.
(a) Removal of refuse and unauthorized fill.
(b) Removal of non-native or invasive plant species included
on the list on file at the City.
(c) Replanting with native plant species included on the list
on file at the City.
(d) Channel maintenance to maintiun stormwater conveyance
and flood control capacity as required by local policies,
state and federal regulations,and intergovernmental
agreements.
(e) Maintenance of existing utility easements to maintain
access and promote safety, and as required by local
policies, state and federal regulations,and intergovern-
mental agreements.
(2) Uses Pennitted Subiect to Site Plan Review. Within Wetland
Buffer Areas, the following uses are pennitted, subject to site plan
approval based upon compliance with the Natural Resources Special
Standards listed with each use. Where required, site plan approval must
be secured prior to the application for a building pennit for development
within the Wetland Buffer Subdistrict. Uses permitted subject to site
plan review are:
(a) Wetland or riparian area enhancement, restoration or
creation activities that are consistent with adopted plans
and policies, including:
(i) Construction of stonnwater quality treatment
Draft WB Sub-district .. March 8, 1993 Page 4
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, ' facilities that use biofillration methods, such as
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f.- (ii) Impervious surfaces or topographic changes.
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(3) l!ill..Permitted Conditionally. In the Wetland Buffer Subdistrict,
the uses below are permitted conditionally. Conditional Use Permit '.
approval shall be based upon conformance with Natural Resource
Special Standards B through U, in addition to the conditional use
criteria contained in section 9.702.
(a) Nature interpretive centers, when specified in or
consistent with adopted plans or policies. '
Draft WB Sub.district .. March 8, 1993
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(b) Maintenance facilities for storage of equipment and
materials used exclusively for maintenance and
management of wetlands and natural areas,
5. Prohibited Practices, Practices that are not specifically allowed under this
section, and that would adversely affect water quality or damage wildlife habitat, are
prohibited within the Wetland Buffer Areas, including, but not limited to, the
following:
a.
Storage of chemical herbicides, pesticides or fertilizers or other
hazardous or toxic materials,
Deposition or dumping of any material (except soils) imported from off-
site.
Construction of new septic drainfields.
Channelizing or straightening natural drainageways.
Removal or destruction of rare, threatened or endangered plant species
listed on adopted state or federal lists, unless a recovery plan is
submitted and adopted by the City. following review by the Oregon
Department of Agriculture and the U.S. Fish and Wildlife Service,
Filling, grading, excavating, deposition of soils imported from off-site,
and application of chemical herbicides, pesticides and fertilizers are
prohibited unless they: (1) are directly related to a use permitted in
this zoning district, (2) address an imminent threat to public health and
safety, or (3) result in enhancement of water quality, and enhancement
or maintenance of stormwater conveyance capacity, flood control
capacity, groundwater discharge and recharge capacity and wildlife
habitat.
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6, Review Process. Except when the applicant can clearly show that proposed
development will not encroach into the Wetland Buffer Area, all development
proposed within the Wetland Buffer Subdistrict shall be reviewed in accordance with
the Site Plan Review Procedure in section 9.690 of this Zoning Ordinance. Site plan
approval for development proposed within the Wetland Buffer Subdistrict shall be
based upon conformance with the Natural Resources Special Standards listed with each
use.
7. ExceDtions, The Planning director or designee shall have the authority to
grant exceptions to the standard setback distances and permitted uses within Wetland
Buffer Areas in accordance with the following provisions.
A. Criteria. Exceptions will be granted only if the applicant demonstrates in
writing that:
Draft WB Sub-district .. March 8, 1993
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(1) Through a combination of buffer enhancements and site design
alterations that a smaller buffer setback distance can provide
protection to the resource which is equal to or better than that
provided by the standard buffers specified above, including, but
not limited to meeting or exceeding Natural Resource Special
Standards A through D; OR
(2) No economically viable use allowed within the parent district
could occur as a result of the application of these setback and
buffer provisions, and that ihis circumstance is not purposefully
brought about by any deliberate action of the owner or developer
of the property.
An exception shall be granted by the Planning Director in these
cases, and Type II buffers of less than 50 feet are permitted on
High Value Wetlands and Type II buffers of less than 25 feet are
permitted on Moderate Value Wetlands. Setbacks around High
Value Wetlands' shall not be less than 25 feet in any case, OR
(3) There is an error in the adopted inventory maps on the property
in question,
C, fu!.!Thr.Averaeing, Wherever practical, reductions in buffer distance
from the standard buffer setback distances due to approved exceptions shall be
accomplished through averaging the buffer distance on a site. Averaging
means that when the buffer setback is reduced in ,one location, it is expanded
somewhere else in compensation so that the total buffer area remains the same.
(I) Wherever practical, reductions in buffer distance due to approved
exceptions will occur adjacent to lower value or less sensitive
. areas within a given wetland site and expansion of the buffer in
compensation will occur adjacent to higher value or more
sensitive areas within a given wetland site.
(2) To the extent practical, wherever buffers are reduced from the
standard setbacks along channel sites or other linear sites, buffers
shall be increased on the opposite bank of the channel across
from the area where the reduction is allowed.
D. Reductions m.QtlJM..Standard~. The Planning Director shall have the
authority to reduce other setbacks and landscape requirements as contained in
the Eugene Code on properties where wetland buffer setbacks are required.
Draft WB Sub.district .. Murch 8, 1993
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moving that takes place inside standard wetland buffer setback areas as
approved through this exception process shall conform to Natural Resources
Special Standards B through U.
F. Submittal Reouirements for Exceotions. Any applicant requesting an
exception shall submit additional materials and information, as prescribed by
the city,
8, 'Performance Contract. Except when it can be clearly shown that proposed
development will not encroach into the Wetland Buffer Area, performance contracts
shall be required for all development within the Wetland Buffer Subdistrict in
accordance with section 9.694.
9, Miscellaneous Provisions,
A. Type I buffer setbacks that are not enhanced by the owner or developer
may be enhanced in cooperation with the owner(s) by govemment or other
non-profit agencies or organizations as part of demonstration projects, habitat
management or other programs that are consistent with adopted plans or
policies.
B. To the extent practical, in residential zones, density transfers shall be used
to offset restrictions on building within buffer setback areas. A density transfer,
is an allowance within a given parcel or development site under one ownership
to increase the density beyond the normal code limits, in compensation for a
reduction elsewhere on the site required or caused by local regulations.
Draft WB Sub-district -. March 8, 1993
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Part III:
OPTIONS FOR LOCAL INVOLVEMENT
WITH WETLANDS PROTECTION
A, Why Should Local Governments Get Involved?
Unless more local officials and communities become involved in actively advocating wetlands
protection, the trend toward wetlands loss is likely to continue, Local government initiatives through
wetlands mapping, public information and education, land use and infrastructure planning, site plan
review, and wetlands protection ordinances can provide benefits such as the following:
. Early identification of wetlands subject to government pennits, thereby saving gov.ernment
officials review time and minimizing delays for the landowner,
. Improved site design, since wetlands, when recognized early in the site planning process, can
provide stormwater management, open space, and recreational assets.
. Assessment of individual wetland functions and values, thereby aiding the community land use
planning an~ Slate (or local) wetlands pennit review,
. Belter understanding of local and state roles and initiatives, thereby helping all parties involved
in the development review process, '
. Infonnation about sensitive lands, useful for modifying master plans, updating zoning district
maps, and planning for regional stormwater detention and drain relocation systems.
. Potential for adjusting local propeny taxes to reflect the impact of wetlands on the property's
value, '
Options for local planning, wetlands mapping, and local wetlands regulations are outlined below.
B, Local Planning for Wetlands Protection
Before engaging a consultant or adopting a wetlands protection ordinance, local governments should
take the time to review wetland locations and alternative local government roles,
Recommended steps in a local wetlands protection planning process include the following:
I. Review location, extent, and function of wetlands within the community, It is useful to view
wetlands in the context of their position in small watersheds and their proximity to rivers,
streams, lakes, and ponds. A generalized wetlands map, prepared by a qualified wetland
specialist, is useful at this point
2. Identify priority wetland protection needs, taking into account growth and development trends.
3. Review the State of Michigan wetlands protection program. Will the state program protect
wetlands of significance to the community? Where are the administrative gaps in the state
program? Can local governments support the state program by watching for potential
violations or illegal filling at construcuon sites?
4. Evaluate possible local government roles, taking into account local government administrative
capabiliues and the character of wetlands needing protection.
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5, Consider the need for a regulatory program for wetlands protection, floodplain management,
stonnwater managemen~ and/or watercourse protection, Integrated resource management and
pennit programs can save time and expense for all parties and more effectively protect the
resource,
5. Recoinmend a local program approach to the planning commission and policy board.
An effective wetlands protection planning process should involve residents, environmental
organizations, members of the business community, local staff, and lOCal planning commissioners or
officials. The involvement of local planning COmmissioners and elected officials is particularly
imponant for building a communication process with decision-makers.
After the role of the local government in wetlands protection has been detennined, wetlands
considerations can be integrated into ongoing local activities, such as land use planning, infrastructure
planning and recreation and open space corridor planning, Opportunities for the use of conservation
easements or property tax reductions can examined and advocated by local government staff and
officials. '
C, Mapping Community Wetlands: A Key First Step
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Because local, state and federal wetland protection regulations define wetlands by the interaction of
land and water (e.g., the areas where land and water meet) rather than static resource features, there is
no single map or infonnation source that can be used to accurately identify wetlands. Nevenheless,
wetland maps can be prepared which help officials and property owners identify sites with a high
probability of contaimng wetlands.
Two types of wetland maps have proven to be useful to local governments in Southeast Michigan:
1. Generalized identification of community wetlands, to be used in land use planning,
infrastructure planning, and environmental program development
2. Detailed mapping of community wetlands, to be used in identifying properties with a high
probability of being subject to wetland pennit requirements.
Community wetland maps should be prepared using all available infonnation, including wetlands and
natural resource features maps and aerial photographs. The amount of field verification needed varies
with the type and size of wetlands in the community, as well as the expected use of the mapped
infonnation, (See Figure 3 for wetland reference maps and photos in Wayne and Oakland Counties,)
Wetland maps can be used for land use planning and can be aids in administering wetland protection
regulatory programs. Most pennit programs, however, require a site-speciftc check and delineation of
wetland boundaries when development plans are proposed, Community wetlands maps should nOI be
considered a substitute for detailed wetland delineation on-site. '
1. Sources of Basic Information for Wetlands Mapping
Five sources of infonnation can be used by specialists to prepare a community wetlands map:
. Topographic Quadrangles, U,S, Geological Survey: U.S.G.S. maps are important
field study tools, since they orient the user to major roads, building sites, elevations, topography,
water bodies, and certain wetlands. The wetland areas on these maps, however, are only
approximate locations and do not include all wetlands as defined by state law. U.S.G.S, maps
should not be used as the pril1)ary Source of infonnation. (Scale of maps: 1:24,000).
18
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. National Wetland Inventory (NWI) Maps, U,S, Department of Interior, Fish and
Wildlife Service: In the early 1980's, the U.S, Fish and Wildlife Service prepared wetlands
maps throughout the United States which display wetlands according to a national classification
system, mapped on topographic quadrangles (scale of maps: I :24,(00). These maps were
prepared primarily by stereoscopic analysis of high altitude aerial photographs. Vegetation,
visible hydrology, and geography served as indicators for mapping.
NWI maps are available for all Southeast Michigan counties. The maps display approximate
wetland locations and wetland types (such as forested, scrub, shrub, emergent, etc.), as well as
the probable frequency and duration of water that will occur for each mapped wetland (see Figures
4 and 5).
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Some NWI maps are more accurate than others. IntelJlretations within flat areas and in forested
areas, for example, are more subject to error. Most areas have not been field checked, and small
wetlands may have been missed. Aerial photographs used to prepare the maps reflect one specific
year and season and are now ten years out-of.date. Nevenheless, NWI maps have proven to be
70 - 80% accurate in conununities with some topographic variation (such as in Oakland County)
and are a useful aid to community wetland mapping.
. MIRIS (Michigan Resource Inventory System) Land Cover/Land Use Maps: The
Michigan Resource Infonnation System (MIRIS) is a digitized computer mapping of land cover
types compiled from intelJlretation of aerial photographs. The system was developed in
accordance with state law by the Land and Water Management Division of the Department of
Natural Resources for the purpose of locating the land and water resources of Michigan. The
MOOS maps are not intended to locate wetland regulatory jurisdiction,although several categories
of land use/land cover on the maps pertain to wetlands (see Figure 6).
Like the NWI maps, land use/land cover maps were compiled from aerial photographs and have
not been field checked. In forested areas, the classification system was intended to indicate
harvestable timber -- not wetlands, and many areas which are classified as lowland hardwoods
and confers are also wetlands. Finally, only areas that include more than 2.5 acres were mapped,
so small wetlands are not included. Wetland specialists have found the accuracy of these maps
for wetlands delineation to range from 60% to 90%, depending on the location.
, . Soil Survey Maps, U,S. Department of Agriculture, Soil Conservation Service:
Soil survey maps, prepared for each county, provide a very detailed and accurate source of soils
information. Although the state's legal definition of wetland makes no mention of soils, soils are
a valuable indicator of the presence of water. There are many different types of soils found in
wetlands, including mucks, peat, loarns, clays, and sands. Mucks and peat are obvious wetland
soils but even loarn, clay, and sandy soils can be wetlands if they were frequently saturated or
inundated while they were being fonned.
To assist in the identification of soils sufficiently wet to suppon wetlands, the U.S. Soil
Conservation Service and other federal agencies developed a definition and listing of soils tenned
"hydric." Hydric soils usually indicate the presence of wetla~ds, although there are some
exceptions. Wetland soils may be present in locations where sustained drainage has changed the
water regime and vegetation such that the site no longer has wetland characteristics.
Soil survey maps do not include map units less than two acres in size. Nevenheless, the detailed
scale at which soil survey maps are prepared makes them an invaluable tool for local map
preparation. Soils are only one of three imponant indicators of wetlands, and soil maps should be
used in conjunction with other data sources and field investigation whenever possible.
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. Aerial photographs: Up-to-date aerial photograp,hs are essential tools for wetlands map
preparation since they provide current road and building locations. A trained environmental
specialist can use aerial photographs to identify probable boundaries of wetlands. Water features
and vegetation types can often be identified, especially on color infrared photographs, Aerial
phOlographs are useful even for non-experts, particularly when used with other information
sources. Several types of aerial photographs are available from Oakland and Wayne County.
offices,. as well as the Southeast Michigan Council of Governments (SEMCOG).
Since wetlands are nearly always in floodplains, the floodplain maps prepared by the Federal
Emergency Management Agency may provide useful information for local governments. Michigan's
Natural Features Inventory prepared by the Land and Water Management Division, Michigan
~partment of Natural Resources identifies some special values of wetlands with threatened or
endangered plant and animal species. '
2. Preparing a Community Wellands Map
In order to prepare a reasonably accurate community wetlands map, even on a generalized scale,
assistance from a wetlands specialist is usually needed. Some types of wetlands (such as emergent
cattail marshes) are delineated on maps and can be easily checked in the field. Identifying other types
of wetlands, however, especially transitional areas where upland gradually becomes wetlands, requires
the expertise of a trained specialist.
It is not advisable to use either the National Wetland Inventory Map or the MIRIS Map as the sole or
Source of information for a community wetlands map. A composite wetlands map, drawing on all
available sources, is the recommended approach,
In preparing a community wetlands map, a wetlands specialist typically does the following:
. Review all wetland and soils data for the community;
~ Review aerial photographs for possible use in delineating wetlands; and
. Identify the extent to which field work is needed to verify wetland locations.
It is not necessary to have a community wetlands map which is 100% accurate, It is, however,
important to have a confidence or certainty factor of 80 - 90%. This level of certainty can only be
achieved if a professional who is familiar with all types of wetlands and mapping techniques is
responsible for map preparation, '
The cost of preparing a wetlands map depends on many factors, including the availability of aerial
photographs, the extent and type of wetlands in the community, and the projected use of the map. At
least some wetlands specialists are about to prepare a generalized map at a scale of 1:24,000 with 80%
accuracy at a cost of about $.30 - $.50 per acre. If a parcel-specific level of mapping is desired with a
certainty factorof90%, the per acre cost could be $1.00 - $1.50. For a total community, it is
sometimes useful to map only the areas of the community which are experiencing developmen~
pressures.
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Wetland mapping does involve technical expertise and familiarity with wetland vegetation, hydrology,
soils, map reading, and state legal defmitions. The cost of preparing a generalized wetlands for a
developing township in the Rouge River Watershed would probably range from $8,000 _ $15,000,
The cost for a detailed map with field checks might cost $20,000 _ $30,000. Comparative cost
estimates should be obtained from wetlands consultants before budget decisions are ~de.
Wetland issues and conflicts will not "disappear" simply because wetlands are not mapped, The
potential for a community wetlands map to be a useful planning and management tool is significant,
20
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D, Options for Local Government Involvement with Wetlands Protection
Wetlands protection through local leadership usually involves several different techniques or tools.
Three levels of local government involvement with wetlands protection are outlined below, Program
details, of course, will vary according to the jurisdiction, The purpose of listing these options is to see
how public infonnation, mapping, and regulations might vary, while still fonning a coherent program,
It is recommended that local governments evaluate alternative roles before they consider specific
mapping or ordinance options. Mer the role of the local government in wetlands protection has been
determined, the type of mapping, and regulations necessary to carry out the role becomes obvious,
,Option #1: WETLAND PERMIT PROCESS INFORMATION
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With this option, a local government provides up-to-date infonnation to propeny owners about the
pennit process for state wetlands pennits. To implement this option, local governments would place at
the counter of the planning and building department infonnation such as the following:
. Brochure which describes value and benefits of wetlands
. Address and telephone number for the Land and Water Management Division, Michigan
Department of Natural Resources (to obtain copies of a wetlands pennit application)
. Infonnation about th~ time necessary to obtain a pennit
. A list of wetland consultants willing to assist landowners in delineating wetlands on their
propeny
This option emphasizes the stale pennit review and approval process; not the detailed identification or
assessment of local wetlands. To implement this option, however, it is useful to have a generalized
wetlands map available for reference by property owners, As with all wetlands mapping, the
generalized map should be prepared by a wetlands specialist or consultant, drawing on infonnation in
published maps.';
Option #2: PROTECTING WETLANDS THROUGH SITE PLAN REVIEW
Under this option, the local government identifies their wetlands and, through site plan review
standards, requires land owners to obtain state pennits and protect wetlands in the development plan.
To implement this option, a map with the generalized location of wetland is needed to flag properties
which need wetland boundary delineation, Propeny owners applying for site plan review provide site
specific infonnation on wetlands for review by the local planning commission.
This approach emphasizes the relationship of all wetlands on the site with the proposed development
plan. State wetlands pennits must be obtained, but local site plan review is usually completed before
the state pennits are issued. The site delineation of wetlands is a critical step, and, when possible, it is
useful to obtain state agency concurrence on the wetland boundaries before giving final site plan
approval.
Most local governments already administer a site plan review process, so this approach does not add
significant additional staff administrative time, It allows the local planning commission to require
adjustments in the site plan to better protect wetlands, and provides for a substantive policy focus on
wetlands protection. Rather than just advocating state permitting (option # I), this option gives the
local government an affinnative regulatory role in wetlands protection. This option also sets the stage
for wetlands protection through land use planning, public facilities planning, and land acquisition,
Two types of zoning ordinance amendments are useful for implementing this option:
25
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I. Site, plan review standards for environmental protection (including wetlands
protection), The Springfield Township Zoning Ordinance provides a model for this approach
addressing a variety of environmental concerns, including wetlands protection. The Zoning
Ordinance requires that site plans be reviewed and approved by the Planning COlmnission upon a
finding that the following conditions are met:
. . Natural resources will be preseIVed to the maximum extent possible in the site design by
developing in a manner which will not detrimentally affect or destroy natural features
such as lakes, ponds, streams, wetlands, steep slopes, and woodlands.
. The proposed development respects the natural topography to the maximum extent
possible by minimizing the amount of cutting, filling, and grading required,
. The proposed development will not cause off-site soil erosion or sedimentation.
. Stonnwater management systems and facilities will preseIVe the natural drainage
characteristics and enhance the aesthetics of the site to the maximum extent feasible, with
the development not substantially reducing the natural retention or storage capacity of
any wetland, water body, or water course, or cause alterations which could increase
flooding or water pollution on or off-site.
. Wastewater treatment systems, including on-site septic systems, will be located to
minimize any potential degradation of surface water or groundwater quality.
. Sites which include storage of hazardous materials or waste, fuels, salt, or chemicals will
be designed to prevent spills and discharges of polluting materials to the surface of the
ground, groundwater, or nearby water bodies.
. The proposed use is in compliance with all Township Ordinances and any other
applicable laws.
These standards require for wetlands protection but do not require the administration of a special
wetlands pennit system. Springfield Township officials emphasize the protection of wetlands in
the context of total environmental protection, Several other Oakland County and Livingston
County communities have also followed this approach for wetlands protection,
2, Zoning regulations 10 prevent Ihe creation of unbuildable lols which are
predominantly wetlands. An unbuildable lot is a wetlands-only lot which would not be
developable under the Michigan Wetlands Protection Act. When such lots are created through
the subdivision or other parceling of land, pressure is placed on wetland pennit agencies to allow
filling for development.
These options allow a community to actively advocate wetlands protection, but do not require intensive
infonnation collection, separate wetlands pennits, or extensive coordination with the Michigan
Department of Natural Resources.
Option #3: LOCAL WETLANDS PROTECTION ORDINANCE
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This option provides for a comprehensive local wetland regulatory system through a special-purpose
ordinance, Section 8(4) of the Goemaere-Anderson Wetland Protection Act specifically enables
municipalities, by ordinance, to provide for more stringent regulation of wetlands than the regulations
provided through the slate act.
26
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Although the jurisdiction and sttingency of local wetland ordinances varies, local ordinances often
embrace definitions and regulatory concepts which parallel the Goemaere-Anderson Wetland
Protection Act Major areas of difference include the size of inland wetlands requiring local permits
(two acres or less is common), and the use of a "no build" buffer zone to protection fringe areas
surrounding wetlands. Sometimes local ordinances combine wetlands protection with floodplain or
stormwa~r management purposes. '
Local wetlands ordinances are not a substitute for state permits, When both local and state wetland
permits are required for developments, the most sttingent regulation applies, In order to avoid
duplication of permit efforts, some communities defer, when possible, their own approval to state
agencies.
, Each municipality developing a weiland ordinance is required to notify the Michigan Department of
Natural Resources (MDNR), The MONR, in turn, is required to develop an agreement with the
municipality to provide for an exchange of infonnation and permit coordination. Although required, a
state-local weiland agreement has not been signed, in pan because of potential conflicts with the federal
Section 404 program which has been delegated to Michigan.
Local wetland protection ordinances in Southeast Michigan can be classified in two categories, based
on their intended relationship with the state wetland permit process. Traditionally, local governments
in Southeast Michigan have adopted ordinances which require issuance of a separate permit by the
local government, whether or not a state permit is issued. Local wellands ordinances have been
adopted in the following communities:
. Grosse He Township;
. Independence Township;
. City of Lake Angeles;
. Milford Township;
. City of Novi;
. Oakland Township;
. Orion Township;
. City of Southfield;
. West Bloomfield Township;
. City of Wixom;
. Waterford Township; and the
. City of Rochester Hills,
Several communities, including Southfield and Grosse He Township, have adopted a special provision
to avoid the necessity of a local permit if the state permit review process is adequate. In accordance
with local regulations, the local governing board may defer the local weiland permit review until the
state-level wetland permit review is complete, thereby avoiding dual permits. A local permit process,
however, is administered to protect wetlands of local significance which are not protected by state law.
Local wetland ordinances in both categories, however, often regulate locally-important wetlands which
are not protected through the state law and many require a buffer area adjacent to wetlands (see Figure
7). Because the wetlands buffer area (also called the transitional zone) is not protected by state law,
communities wishing to regulate the buffer area to protect wetlands should adopt their own
regulations.' .
Local weiland ordinances may be administered with a generalized wetland map or a detailed, site-
specific, field verified map. Detailed maps can be eXlremely useful to permit administration staff,
although they take time and some funding to prepare. If a generalized wetland map is used, it is
important to require property owners to delineate wetland boundaries on their sites as pan of the permit
application process.
27
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When communities adopt and implement their own wetlands permit process, they are able to playa 1
strong role in wetlands protection enforcement. Staff are assigned to wetlands protection, become
familiar with wetland delineation methods, and can spot obvious violations at development sires,
. . . . .
.
The involvement of local governments with wetlands protection will be essential for the future, Any of
the three program options above will help support a rational pennit review process. Local
governmeqts are me first point of contact for site plans and individual lot development. It is essential
that this opportunity be used to infonn property owners about wetland pennit requirements and the
po~sible need for a site-specific delineation of wetlands.
Local involvement is also important for guiding local programs toward wetlands protection. Infonned
local officials, in turn, can advise state legislators and policy-makers on necessary state program
directions, Wetlands protection programs will continue to evolve in the future, and the local
government voice should be part of the evaluation process.
Figure 7
WETLANDS TRANSITION ZONE AND BOUNDARIES
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Source or Inrormatlen: Dr, Eugene Jaworski, published by !he Clinton River Watershed Council in Stormwarer
Management Guidebook/or Michigan Communities.
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City of Iowa City
MEMORANDUM
Date: February 4, 1993
To: Planning & Zoning Commission
From: Robert Miklo, Associate Planner
Re: ANN 92.0003 and REZ 92-0015, Sycamore Farms Company Annexation and
Rezoning
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Based on Information presented to the Commission regarding the wellands and adjacent hydric
solis within the area referred to as the 'Snyder Creek bottoms' and the annexation polley
recommended to the City Council by the Commission, the Commission may wish to consider the
following options regarding the annexation of the Sycamore Farms area: 1) annexation of only
the area north of the 'Snyder Creek bottoms'; or 2) that the area containing the 'Snyder Creek
bottoms' be annexed only if the land is dedicated to the City.
Given the extent of wetlands and the concentration of hydric solis within the 'Snyder Creek
bottoms,' these may be reasonable conditions which would allow the development of the northem
portion of the proposed Sycamore Farms area, while addressing the concerns raised by the
Commission and members of the public. The development of the proposed RS-S and RFBH
zones to the north of the 'Snyder Creek bottoms,' Including stormwater runoff and development
on the smaller pockets of hydric solis in these areas, will need to be addressed with individual
subdivision review.
CC-2 Zoning:
Since the Commission has not given an Indication of its view of the proposed CC-2 zoning
adjacent to Highway 6, staff reiterates its recommendation that Ce-2 zoning not be approved.
The Intent of the CC-2 zone is to serve community-wide commercial needs. In the future, If
additional ee-2 zoning Is established in the clly, it would best be located at the Intersections of
major arterial streets to best serve the traffic generated by community.wlde shopping centers.
The area proposed by the applicant for Ce.2 zoning would be at the intersection of a collector
and arterial street. It therefore would not be at an Intersection suited for community.wide
commercial development In staff's view.
The proposed location In connection wllh the exisllng ten acre eN.1 zoning located approximately
600 feet to the northwest of the applicant's site, could be the beginning of another strip of
commercial development. Strip development extends commercial uses along a street rather than
concentrating development In a shopping center, As a resull, potential negative Impacts, such
as traffic and conflicts between residential and commercial development, affect a larger area.
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The 'Availability of Commercially Zoned Land for Retail Activity Within Iowa City' analysis
prepared by the City's Economic Development Coordinator Indicates that projected needs for
commercial development based on anticipated population growth can be satisfied In existing
commercial developments and zones, Although there may be only a limited number of vacant
acres zoned CC-2, some of the existing CC.2 zones are under developed, containing excess
parking areas, and/or smaller unsubstantial buildings, which do not fully capitalize on the market
potential of surrounding areas. The rezoning of additional areas to CC-2, may detract from any
Incentive to Infill or redevelop these under utilized CC.2 zoning areas for more attractive and more
efficient community shopping centers. The city also contains vacant CN-1 Zones which provide
locations for the development of neighborhood shopping centers,
For these reasons, as slated In the original staff report dated December 3, staff recommends that
the proposed CC-2 zoning not be approved. Alternatives such as RFBH or multi-family zoning
should be considered at this location.
Commercial Development Within the RFBH Zone:
Staff believes that there may be merit to allowing limited commercial and service uses within the
RFBH Zone to serve the residents of the zone. This could be accomplished through the use of
a Planned Development Housing Overlay Zone (OPDH). With an OPDH, the Commission and
Council would review the commercial aspects of the development prior to zoning approval.
Application for an OPDH Is at the developer's discretion.
As an alternative to an OPDH, the RFBH Zone could be amended to allow limited commercial and
service uses with administrative review by staff. Staff has prepared a draft of an amendment to
allow limited commercial development within the RFBH zone for the Commission's consideration.
Open Space:
If only the area north of the 'Snyder Creek bottoms' Is annexed and zoned RS-B and RFBH, a
population of approximately 1500 people could be antlc/pated In this area. According to the
proposed Neighborhood Open Space Plan, approximately 4.5 acres of open space would be
required to serve this population, This open space requirement could be satisfied through the
dedication of the 'Snyder Creek bottoms,' or the dedication of open space elsewhere within the
development. A conditional zoning agreement should specify that open space will be dedlcaled
to the City based upon the formula contained In the Neighborhood Open Space Plan.
School Site:
The Iowa City Community School District has Indicated that a 15-acre school site will be needed
to serve this area of the city. Staff recommends that the annexation and rezoning be conditioned
upon the dedication of a school site adequate to serve the needs specified by the Iowa City
Community School District.
Stalf Recommendation:
In light of the annexation polley recommended to the City Council by the Commission, the
Commission may wish to recommend the proposed annexation of the Sycamore Farms area be
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approved sUbJect to the following conditions being contained In a conditional zoning agreement
with the applicant:
. The annexation be limited to the area north of the 'Snyder Creek bottoms,' (defined as the
area containing wetlands and hydric solis generally located below the 650 foot elevation point);
this would also exclude the 80 acres of proposed RM-12 Zone from the area to be annexed;
or the entire Sycamore Farms area be annexed if the 'Snyder Creek bottoms' area Is
dedicated to the City,
. Adequate measures will be taken to proteclthe 'Snyder Creek Bottoms' from any adverse
effects from stormwater runoff.
. Adequate open space shall be dedicated to the City based upon the formula contained In the
neighborhood open space study.
. The dedication of a 15 acre school site, the location of which shall be negotiated with the City
and the Iowa City Community School District.
. The developer shall pay all costs for Infrastructure Installation, Including oversize cost.
Staff further recommends that the area north of the 'Snyder Creek bottoms' be rezoned to RS-B
and RFBH as proposed by the applicant, and that the proposed area of CC-2 zoning be zoned
RFBH, If the 'Snyder Creek bottoms' area Is dedicated to the City, the proposed RM.12 zoning
located In the southwest area of the proposed annexation should be rezoned ID.RM. if the
northern ten acres of the proposed RM.12 zone, which Is currentiy zoned Multi-Family (R3-A) In
the County, Is rezoned to RM.12, It should be subjeclto the Improvement of the access road to
an arterial street standard at31' of paving between the site and Sycamore Street.
Attachments:
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1. December 4, 1992, letter from Rick Fosse to Terry Klrschenman, DNR, regarding
proposed annexation.
2. December 9, 1992, letter from Terry Kirschenman, DNR, to Rick Fosse,
3. December 15, 1992, letter from Rick Fosse to Terry Klrschenman, DNR.
~~
Monica Moen, Senior Planner
Department of Planning and Community
Development
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December 4, 1992
Terry L, Kirschenman, P,E.
Iowa Department of Natural Resources
Wallace State Office Building
Des MOines, Iowa 50319
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CITY OF IOWA CITY
Re: Wetlands Protection - Iowa City, Iowa C190830 05
Dear Terry:
The City of Iowa City has received a request to annex the area
outlined in green on the enclosed map, This area contains land
through which the Southeast Interceptor Sewer passes, The City is
currently considering this request and is investigating a variety
of issues. One issue is grant condition number 13 for project
number C190830 05, This grant condition requires the grantee to
adopt a Comprehensive Land Use Policy approved by your agency that
will protect the environmentally sensitive areas along the
Southeast Interceptor Sewer, This grant condition was based on
comments in the EPA's Finding of No Significant Impact (FONSI) in
which the EPA apparently had a concern that construction of the
Southeast Interceptor might encourage development of the wetland
areas near the sewer,
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At this time we wish to amend the City'S Comprehensive Land Use
Policy to allow for the annexation and development of the area
outlined on the enclosed, map, It is our intent to preserve the
intent and function of the EPA I S comments. This will be
accomplished by maintaining the language in the Comprehensive Land
Use POlicy regal'ding environmental considerations that was reviewed
and approved by your agency, I have enclosed a copy of this
language for YOur reference,
Please inform me of what, if any, approvals are required to make
this change without viOlating the conditions of the grant, Thank
you for your assistance, Please call me at 319/356-5143 if you
require additional information.
Sin~rely,
//uMJ&,t(~
Rich~ ~~~osse, P,E,
City Engineer
cc: Karin Franklin
Monica Moen
<10 eAST WASIIINOTON STRUT' IOWA CITY, IOWA 11140.1111 '11111 111.1000' FAX !llll Ill'lOOI
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DEPARTMENT OF NATURAl. REsoUnce:s
~Annv J, WILBON, .In~cron:
December 9, 1992
Mr. Richard A. Fosse
City Engineer "
410 East Washington Street
Iowa City, Iowa 52240-1826
REr Comprehensive Land Use Plan
Iowa City, Iowa
C190830 05
Dear Mr. Fosse,
The Iowa Department of Natural Resources has considex-ed your
December 4, 1992, correspondence. It is the city's desire to amend
its Comprehensive Land Use Policy to allow for the annexation and
development of the area along the Southeast Interceptor Sewer.
condition No. 13 was included in your grant agreement to assure
National Environmental Policy Act concerns were satisfied for the
lifo of the treatment works. Although some pressure for
development was antiCipated, assurances were given through your
comprehensive land use plan and the environmental review of the
project that there would be no significant: change in the rate,
density, or type of development within the planning area. Annexing
this area only 2 years after the construction of the Southeast
Interceptor Sewer for the purpose of development would violate the
intent an~ function of EfA1s concern and requirement for special
grant condition No. 13. The city's comprehensive land use plan
must restrict rather than promote development along the Southeast
Interceptor SeWer.
ShOUld you have any questions, please call. My telephone number is
5l5-281-SSB5.
sinoerely,
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Ter~Kirschenman, P.E.
proj~c~~nager
Wastewater ferrnits Section
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oc: Timothy Thompson, Iowa city
Field Office 6
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December 15, 1992
Terry L. Kirschenman, P.E.
Iowa Department of Natural Resources
Wallace state Office Building
Des Moines, Iowa 50319
Re: Comprehensive Land Use Plan
Iowa City, Iowa
C190830 05
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CITY OF IOWA CITY
Dear Mr. Kirschenman:
I have reviewed your December 9, 1992 letter regarding the proposed
amendment to the Iowa City comprehensive Land Use Policy and do
not agree with the conclusions presented therein. preventing
annexation of this area will not relieve development pressures or
prevent development of this area. It is our opinion that
annexation provides greater protection for the environmentally
sensitive areas than leaving them in the county.
Listed below are a few of the reasons the City of Iowa city desires
annexation:
1. To provide for the responsible and orderly growth of this area.
. This property may develop whether annexed or not, and since this
area will ultimately be a part of the city, it makes sense to annex,
now to ensure responsible and controlled development.
2. To insure that development of this area will be served by
sanitary sewers to provide protection of the groundwater. Johnson
County actively encourages residential development outside of
corporate boundaries and cannot provide treatment for the domestic
wastes.
3. To protect the wetlands. Using the wetlands may be a means to
meet future wastewater treatment standards and the effluent may be
an additional source of water for the wetlands. Allowiilg the
wetlands to be degraded is not in the City's best interest.
Continued agricultul'al use of the wetlands and associated runoff
can only serve to further degrade the wetlands.
Based on this information I hope you can see that protecting the
environmentally sensitive areas along the southeast interceptor
sewer is not as simple as prohibiting annexation. The best hope
for' protection lies in the amendment of Iowa city's compl'ehensive
Land Use policy to allow for the annexation and responsible
development. Allowing urban development in the county cannot offer
these protections.
liD lAST WHIIINOTON STRUT' 'OWA CITY, IOWA 11110.1116' illll IlI.'OOO' fAX (Jill lll.soO'
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We are working with Tim Thompson of the 'IDNR and Mike Hayes of the
Army Corps of Engineers to delineate the wetlands.
When a draft of the amended comprehensive Land Use Policy is
complete, I will send a copy for your review. This should provide
you the additional information you requested over the phone and I
am confident it will contain the protections we are both looking
for. If you have questions or comments, please call me at 319/356-
5143.
Sincerely,
Richard A. Fosse, P.E.
City Engineer
cc: Chuck Schmadeke
Karin Franklin
Tim Thompson
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STAFF REPORT
To: Planning & Zoning Commission
Prepared by: Robert Miklo
Items: ANN 92-0003 & REZ 92-0015.
Sycamore Farms Co.
Annexation and Rezoning
Date: December 3, 1992
GENERAL INFORMATION:
Applicant:
Sycamore Ferms Company
c/o Stephen Bright
P.O. Box 2150
Iowa City, fA 52240
Phone: 354-1104
Requested action:
Approval of a request to annex and
rezone certain property south of the
Iowa City corporate limits from RS and
R3A (County) to RS-8, RM-12, RFBH,
CC-2 and COol.
Purpose:
To allow residential and commercial
development with City services.
Location:
South of Highway 6, Whispering Mead-
ows Subdivision and Bon Aire Mobile
Home Lodge.
Size:
Approximately 420 acres.
Comprehensive Plan:
Annexation for residential purposes is
not advocated within the 1989 Update
of the Plan. The Fringe Area Policy
Agreement indicates that agricultural
use is preferred, but that annexation
requests within one mile of the corpo-
rate limits will be considered at such
time as City services can be provided.
Existing land use and zoning:
Undeveloped and Multi-Family; County
RS, Suburban Residential and R3A,
Multi-Family Residential.
North - Undeveloped, Single-Family
Residential; RS.8 and RFBH.
East - Agricultural; RS (Countyl.
South - Agricultural; RS (County).
West - Agricultural; RS (County).
December 28, 1992.
Surrounding land use and zoning:
46-day limitation period:
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BACKGROUND:
The applicant, Sycamora Farms Company, has requested that the City annex approximately
420 acres located generally south of Highway 6, Bon Aire Mobile Home Lodge, and
Whisparing Meadows Subdivision, The applicant has proposed that the property be zoned
RFBH (Factory Building Housing Rasidential), RS,8 {Medium Dansity Single,Familyl, RM-12
(Low Density Multi-Family), CC-2 (Community Commercial) and CN-l (Neighborhood
Commercial), as illustrated on the attached location map. A letter which describes the general
intent of the applicant is attached.
In the applicant's letter, the City is asked to make commitments regarding the installation of
an arterial street; the treatment of the area as in sequence and thus waiving requirements for
developers paying for oversized infrastructure costs; and proposals for amendment of the
RFBH zoning district.
As discussed in this report, staff does not believe that the City can commit to the
construction of the proposed arterial street or treat the development as in,sequence. There
may be merits to the proposed amendments to the RFBH zone that staff will examine further
if the annexation and proposed RFBH district are approved, The applicant's lettar also
requasts waivar of tap on fees for water and sawer lines, No such fees are collected or
proposed for this area,
ANALYSIS:
Annexation
The 1989 Comprehensive Plan Update indicated that annexation of land for residential
development was not necessary to meet the City's projected population growth within the 20-
year planning period. As discussed in the accompanying information. regarding Iowa City
growth policies, staff proposes that this policy be reexamined and that a mora liberal
annaxation policy be considered. This analysis, therefore, does not contain a discussion'of
the City's annexation policy in general, but rather focuses on tha merits of annexing in this
particular area (Sycamore Farms) if it is determined that it is appropriate for the City to annex
additional lands for residential developmant. The latter portion of this report examinas the
zoning classifications proposed by the applicant.
In terms of location, the proposed annexetion area has the merits of being contiguous with
current davelopment within the city boundaries. The araa proposed for annexation Is
immediately adjacent to existing subdivisions and it is anticipated that devalopment within the
area if annexed, would continue the pettern of the existing adjecent development. If
Sycamore Farms Is annexed, it will also link the City's south wastewater traatment plant to
the corporate limits. allowing this important municipal facility to be annexed by the City.
In the future, as the southern portion of tha city and the annexetion area develops, we would
anticipate that areas to the west betwean Sand Road and this property might also be annaxed
so that tha pattern of compact and contiguous davelopment could continue. Given present
growth rates, however, further annexations In this area might not occur within this decade.
At this time, the City Is not considering any involuntary annexations.
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Municipal Servlcas
When considering an annexation request, the City must examine its ability to provide
municipal services, including sanitary sewer treatment, water, police and fire protection,
transit service, refuse collection, transportation routes, recreational and park fecilities, and
library service. The community's ability to provide educational facilities for the annexed area
must also be considered, The fiscal impact analysis for Windsor Ridge and Sycamore Farms
(contained in the Commission's packet) evaluates the impact of providing these services on
City finances, The more pertinent of these services ere discussed below.
As noted in the information included in Commissioners' packets regarding Iowa City growth
policies, staff proposes that the City prioritize public investment in infrastructure so that
obligations to properties presently within the corporate limits take precedence, Based on this
policy, the cost of installing infrastructure, including oversized costs in newly annexed areas,
would be borne by the developer.
Sanitary Sewer Service: The proposed annexation area has a major advantage of being
located in the vicinity of the southeast interceptor trunk sewer, This sanitary sewer line has
the capacity to serve the entire area requested for annexation, without causing the City to
incur an expense for sewer trunk line extension. Given current limitations on sewage
treatment capacity, the wastewater treatment plant would need to be upgraded to serve the
population that would be anticipated in the annexed area. However. these upgrades are
required to serve the city's anticipated population, regardless of whether the population
growth occurs in the area proposed for annexation or in existing areas of the city.
Water: Water lines would have to be extended to provide water service to the Sycamore
Farms area, The developer will pay for the extension of these lines to serve proposed
development. As discussed above, staff has proposed that the developer pay the costs of any
oversized water lines that are normally paid by the City for in'sequence development.
Parkland/Recreation: Based on the standards used in the neighborhood open space study 13
acres of parkland per 1000 residents) and a projected populetion of approximately 5000
persons (see Fiscal Impact Analysis. Table A), approximately 15 acres of neighborhood opan
space will be needed to serve the Sycamore Farms aree. As discussed below, a large portion
of the Sycamore Ferms erea contains wetlands. In order to satisfy agreements with the
federal government regarding the protection of wetlands, we anticipate that extensive erees
mey be dediceted to the City for wetland preservation and park land. In this manner, the
passive open space requirements of the Sycamore Farms area may be satisfied. The need to
provide recreational facilities, however, would only be partially satisfied, given the limited
usefulness of wetland areas for recreational purposes. The development of a trail system to
link Sycamore Farms to the proposed City park to the south, may contribute toward the
satisfaction of the recreational needs for the area, As individual subdivisions are proposed.
the adequacy of any open space dedications will be examined, If the area is annexed, a
conditional zoning agreement should specify that adequate open space will be dedicated.
Transportation Facilities: The concept plan for the Sycamore Farms area proposes the
extension of two north-south collector streets Into the area. The westerly collector street
would be the extension of Meadow Drive to tha south from the Whispering Meadows
Subdivision. Farther to the east a north-south collector street would provide eccess to
Highway 6. An eest-west collector street is shown in the northern portion of the Sycamore
Farms area, Because this area would be treated as out-of-sequence development, the
developer would be expected to pay the oversized cost for the collector street pavement.
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The proposed concept plan also shows an aast-west arterial right-of,way which will allow the
aventual extension of Sycamore Street from the west to Sioux Avenue. which is located east
of the Sycamore Farms area. This arterial street would serve surrounding properties in
addition to the Sycamore Farms area, Its construction is not anticipated in the short-term,
Rather, it will be built as development occurs throughout the area.
The street network shown on the concept plan would provide adequate traffic circulation
throughout the Sycamore Farms area. and would contribute towards development of a street
network to serve the larger area located south of the current city limits. The City, however,
would not be able to commit to the construction of an arterial street at this time as requested
by the applicant. As development occurs in the area, including the Sycamore Farms and
surrounding areas. the need for and timing of the construction of an arterial street will need
to be evaluated. Until the street network is established in this area. individual subdivisions
will be subject to review according to the City's secondary access policy.
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Transit service will be available to this area via the Lakeside route with a stop located adjacent
to the area at Bon Aire. A sidewalk may be required to provide access to the Bon Aire transit
stop. The Lakeside transit route has no excess schedule capacity to allow it to be extended
into the proposed annexation area, As development progresses from the northern portion of
the Sycamore Farms area to the south, extension of a bus route through the area or closer to
the area may be necessary. However, such an extension would not be necessary
immediately.
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Schools: As discussed in the Fiscal Impact Analysis, an additional elementary school may be
warranted when the Sycamore Farms area nears full development. The applicant has
indicated the willingness to dedicate up to a 15 acre site for an elementary school. If the
requested annexation is approved. this dedication should be specified in a conditional zoning
agreement.
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Because of the relative ease with which the City would provide sanitary sewer service to this
area, the bundle of services which the City Is required to provide may actually be accom'
plished in a relatively cost effective manner, The infrastructure for other municipal services,
including water and collector streets, would be constructed at the developer's expense. Open
space to serve the needs of the area should also be dedicated to the City, Other ongoing
municipal services, such as transit service and police and fire protection, would need to be
upgraded over time as the Sycamore Farms area gradually develops as discussed in the Fiscal
Impact Analysis.
Although the Fiscal Impact Analysis indicates that revenues collected from the Sycamore
Farms area will not fully pay for public services needed for the area, there may be public
benefits associated with annexation that offset public costs. As discussed below, the
proposed zoning of portions of the Sycamore Farms area would provide for the expansion of
RFBH zoning and allow an increase In the City's supply of manufactured housing. Given that
manufactured housing tends to be more effordable than traditional housing types, it may be
in the community's interest to encourage an adequate supply of such housing.
Annexing the Sycamore Farms area would also provide the pu~lic benefit of providing a
connection between the city and the south wastewatar treatment plant, It might also result
In the dedication of environmentally sensitive wetlands to the City so that their long term
protection could ba assured.
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Proposed Zoning
The epplicent has proposed a variety of zoning districts within the Sycamore Farms area. As
illustrated on the ettached location map. RS,S zoning Is proposed for approximately 200 acres
extending south from the Whispering Meadows Subdivision to the southern limits of the area
proposed for annexation. Approximately SO acres of RM-12 zoning are proposed in the
southwest portion of the area. Approximately 113 acres of RFBH zoning ere proposed to the
south and adjacent to the RFBH zone which contains the Bon Aire Mobile Home Lodge, A
seven acre CN-l zone is proposed near the southwest corner of the RFBH zone, Approxi-
mately 20 acres of CC-2 zoning are proposed at the entranceway to the development adjacent
to Highway 6,
With the exception of the CC-2 zone, the proposed zoning is generally en extension of the
surrounding zoning pattern and eppeers to be appropriete for the area. The proposed CC-2
zoning is near an existing CN-l zone which has not experienced complete development. The
CN-l zone adjacent to Highway 6 to the northwest of this development could potentially
develop to serve the neighborhood retail needs of the surrounding neighborhoods, including
portions of the Sycamore Farms area. The proposed CC-2 zoning in the Sycamore Farms area
would potentially duplicate this function, The CC,2 zone is intended for more community-
wide commercial type uses and may actually draw shoppers from other ares of the city to this
neighborhood, For this reason, this does not appear to be an appropriate location for a CC-2
zone,
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The applicant has stated the need for CC-2 zoning to provide retail services in close proximity
to the anticipated neighborhood. The proposed CN-l zone near the center of the Sycamore
Farms area will potentially meet the day,to-day retail needs of much of the area to be
annexed, It may be appropriate to amend the RFBH zone to allow, by special exception, some
limited retail or service uses to serve the housing development proposed in this area as an
alternative to establishing a new CC-2 district at the entranceway to the development
adjacent to Highway 6.
The RFBH zone proposed by the applicant is located immediately to the south of an existing
RFBH zone. The city currently does not have eny vacant areas zoned RFBH, There may not
be existing vacant land within the city that could be zoned RFBH. For this reason, approval
of the proposed ennexation and RFBH zoning, may make available an alternative location for
manufactured housing, which currently has e limited supply within the city.
Given the lack of some essentiel City services in the southern portion of the Sycamore Ferms
area, it may be appropriate to zone the area south of proposed arterial street ID,RS (Interim
Development-Single-Femily) and ID-RM (Interim Development-Multi-Family) rather than the
RS-S and RM-12 proposed by the applicant, The intent of the Interim Development zone is
to provide for areas of managed growth in which agricultural and other non-urban land uses
may continue until such time as the City is able to provide municipal services. Although the
locations proposed by the applicant may be appropriate for RS-S and RM-12 zoning, the timing
of such zoning mey be premature. As this and surrounding areas develop and City services
Including arterial street eccess ere provided, the merits of the proposed RM-12 end RS-S
zoning could be re,examined.
Environmental Conslderetlons
Portions of the Sycamore Farms area contain environmentally sensitive wetlands. The City
entered into en egreement with the federal government to essist in the preservetion of these
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areas, In order to fulfill the City's obligetlons undar this agreement, the wetland araas should
be identified and measures should be taken to preserve them. This might be done through
establishment of conservation easements or the dadication of the wetland areas as open
space to the City. Dedication might pertially contribute to fulfilling the open space needs
generated by the proposed development,
STAFF RECOMMENDATION:
Staff recommends that the proposed annexation of the Sycamore Farms area be approved
subject to the following conditions being contalnad in a conditional zoning agreement with the
applicant:
. Wetland areas should be idantlfied and provisions should be made for their protection,
. Adequate open space should be dedicated to the City based upon the formula contained
in the Neighborhood Open Space study. (This open space requirement may partially be
fulfilled through the dedication of wetland areas,)
. The dedication of a school site adequate to serve the needs specified by the Iowa City
School District.
. The developer shall pey all costs for Infrastructure installation, including oversized costs
(the costs for oversized requirements for the arterial street would be excluded from this
requirement).
. A 125-foot right-of-way should be dedicated for an arterial street in the vicinity
illustrated on the concept plan.
Staff further recommends that the zoning be approved as requested by the applicant with the
exception that the proposed area of CC-2 zoning being zoned RFBH, and the proposed RS-S
and RM-12 zoning located south of the proposed arterial street being zonad ID-RS and ID-RM,
ATTACHMENTS:
1. Location Map.
2. Map of Adjoining Landowners,
3. Letter from Steve Bright.
ACCOMPANIMENT:
1. Sycamore Farms Concept Plan.
Approved by:
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Monica Moen, Senior Planner
Department of Planning and
Community Development
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ANN92-0003
Sycamore Farms Annexation
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PHELAN, TUCKER, BOYLE, MULLEN, BRIGHf & WALKER
ATIORNBYS }J LAW
WILLIAM V. PHELAN
wn.UAM M, TUCKER
DANJI!L W. BOYLB
OIARLBS A, MULLEN
5TI!P/lEN p, BRIGHT
BRUCE L, WALKIlR
RICHARD M, TUCKER
mOMAS H, GlILMAN
STBVIlN R. RBGI!NI'IIlI'HER
GARY J. SCIlMlT
MARGARll1' B, POBPSBL
JULIB L, PlJLKIWlBK
JOHN B, BBASLBY
321 MARKIlT
P,O, BOX 2150
IOWA em: IOWA 52244
LOIJIS SllUIMAN (I!X18-I9S2)
00(,
(319)354-6962
TELEPHONE:
(319) 354-1104
November 12, 1992
RC:Cl!:IVI::D
NOV 1 2 1992
p.P.D. DEPARTMENT
Ms. Karin Franklin, Director
Planning and Program Development
City of Iowa City
410 E. Washington Street
Iowa City, IA 52240
Re: Annexation of 420 acres In southeast IOlVa City
Dear Karin,
, We have submitted to the City Clerk an Annexation Application form,
together with required attachments. I enclose a, copy of the submitted documents
with this letter. As you will note, the documents include a legal description and
various location maps, including a map of the proposed zoning to be applicable when
the real estate is annexed.
The annexation of this real estate into the City, and its subsequent
development, should be consistent with plans for City growth as well as economic
feasibility for the land owners. In this regard, certain considerations and
commitments may need to be made in connection with the requested annexation.
We would anticipate that an agreement setting out the resolution of these matters
will be part of the annexation process.
The particular items that we request be considered in connection with the
annexation request are as follows:
1. An amendment of the RFBH zone to allow, as a permitted or
provisional use, mini storage warehouses or facilities. In the type of
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Page 2
development that is planned for the RFBH zone within the proposed
annexed territory, it is anticipated that such storage facilities will
enhance the use and enjoyment of the residential lots. We will be
amenable to a reasonable limitation on such use, such as allowing no
more than one storage unit for each platted lot in the zone.
2. The City's granting a non-motorized vehicular access easement across
the northwesterly corner of the sewage treatment plant tract in order
to permit pedestrian and bicycle ingress and egress from the annexed
area to the City park to be located in Section 35.
3. The City agreeing to install, at its expense, a paved street within a 125
foot right-of-way south of and adjacent to the east/west center line of
Sections 25 and 26 running from the center of Section 26 to the
easterly border of the annexed real estate. The City will need to
commit to completing the roadway so that it will be in place at such
time as the development of the annexed real estate requires the
roadway for secondary access or within five years, whichever is sooner.
4. The City agreeing to waive any tap on fee for the developer of the
annexed real estate tapping into the City water line and the southeast
interceptor sewer line.
5. The City treating development in the annexed territory as in.sequence
rather than out-of-sequence.
Each of these items is material to the economic feasibility of the development of the
annexed real estate consistent with the proposed zoning. If a mutual understanding
on these items cannot be reached in connection with the annexation process, then the
developers will need to reassess the appropriateness of annexation.
We are enthusiastic that this project can be mutually beneficial to the City and
to the developers. It is intended that the annexed area help satisfy continuing needs
for affordable housing and diversity in home ownership opportunities, while providing
residents with conveniently located ancillary services enhancing the general quality
of life in these neighborhoods. Revising the RFBH zone to permit mini storage and
including the CN zone and the CC zone, will permit residents of this area to have
within walking, bicycling and short driving distances basic neighborhood services.
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Page 3
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We look forward to working with you and the City in annexing this parcel and
in developing it in a manner responsive to our growing community.
SFB:kc
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PHELAN, TUCKER, MULLEN, BRIGHT & WALKER
ATIORNBYS AT LAW
W1LUAM V, PHELAN
W1LUAM M, TUCKER
CHARLES A. MULLEN
SI1lPHEN R BRIGHT
BRUCB L, WALKBR
RlOIARD M, TUCKER
mOMAS H. GElMAN
5TllVIlN R, REGIlNWIl'IlIBR
GARY I, SCIlM1T
MARGARIIT B, POEPSEL
)UUB L, PULKRABSK
JOHN B, BI!ASLBY
I<IMBERLY W. BACON
321 MARKET
P.O, BOX 2150
IOWA CITY, IOWA 52244
LOUIS SHULMAN (1908-1982)
OP COUNSEL
DANIEL W. BOYLB
October 28, 1993
PAX:
(319)_
TELHPHONB:
(319) 354-1104
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Thomas scott
Chairman
Iowa city Planning & Zoning Commission
410 E Washington street
Civic Center
Iowa city, IA 52240
OCT 29 1993
.JCJl DEl'AIIJMEIiT
Re: Sycamore Farms Annexation
Dear Tom:
I would like to repeat our offer to have Commission
members visit the farm to have a better understanding of the
road issue presented at the October 27 meeting. We would make
ourselves available, any time, at your schedule.
As I said last night, we have no objective to an east-
west road through the center of the property. We have such a
road in the original concept plan presented in 1992. This was
in response to the Staff's request. We agreed to provide the
right of way on the condition that the City or State pay for
the thorough-way.
Our goal has been to develop a project that serves the
needs of the neighborhood and the community. In that spirit,
we would try to work with the City on its road needs.
However, we must insist that this not slow down the project.
We are approaching a point where further delays will cause us
to miss the 1994 building season. This loss of affordable
housing alternative is unacceptable in my opinion. The need
has been amply demonstrated to the Commission and the public
this fall.
We look for your direction to accomplish this goal within
the city limits.
SFB:mjm
cc: Karin Franklin
Very truly yours,
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Stephen F. Bright
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PHELAN, TUCKER, MULLEN, BRIGHT & WALKER
ATI'ORNEYS AT LAW
W1LUAM V, PHELAN
W1LUAM M, TUCKER
CHARLES A, MULLEN
srnPllBN R BRIGHT
BRUCH L. WALKER
RlCiIARD M, TUCKER
TIl0MAS H, GBLMAN
5TIMlN R, RECIlNWI!IllER
GARY I. 5CHMIT
MARGAREl' B, POEPSBL
)ULIB L, PlILKRABBR
IOIIN B. BEASLEY
KIMBERLY W, BACON
321 MARKET
P.O, BOX 2150
IOWA CITY, IOWA 52244
LOUIS 51lULMAN (1908-1982)
OP COUNSEL
llANIBL W, BOYLE
September 3, 1993
PAX:
(319) 35U962
TBLEPHONB:
(319) 354-1104
Thomas Scott
Chairman
Iowa City Planning & Zoning Commission
410 E Washington street
Civic Center
Iowa City, IA 52240
Re: Sycamore Farms
Recommended Zoning Patterns
Dear Tom:
Under the date of April 1, 1993, the staff issued a
report concerning the zoning pattern on the tract. We wish to
comment on two open issues in that report:
(a) Northeast tract - RM 20. We request that the RM-20
portion be located on the east half of this parcel rather then
the north half. This would facilitate our construction and
give a better transition zoning for the parcel.
(b) Southeast tract - RM 12. We believe that the road
improvement should be tied to the IDRM tract only. The ten
acre RM-12 Zone is currently buildable without any road
restriction. We agree that we cannot build on the IDRM tract
without the road improvement. However, we do not believe that
we should not lose our current right to develop on the ten
acres upon annexation.
Very tr.uly yours,
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Stephen F. Bright
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Although the remaining portion of this letter,will comment on
or disagree with parts of these reports, I do wish to state
that these reports do allow me to understand better the City's
perspective on growth, in general, and this project, in
specific. I believe the staff has prepared an excellent set
of reports to allow the Commission to focus on this matter.
I believe the Growth Policies report correctly sets the
premises on which these applications must be considered. The
Iowa City area has out-grown all projections in the last ten
years. The staff believes, and I concur, that this trend is
likely to continue for the near term. Furthermore, if Iowa
City is successful in expanding the jOb base at the enlarged
industrial park, this action alone will cause growth on the
south and east.
The application at issue presents to the City the choice
'of where this growth occurs. If the annexations occur, this
growth will be within the control of the city. If not, the
growth will largely be controlled by the County. Inasmuch as
the subject property lies between the City on the north and
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city property on the south, it would seem reasonable that the
City would wish to control the development on this land.
The Fiscal Impact Analysis provides to all an excellent
review of the cost of city services. All financial
projections are subject to review and comment by people of
different perspectives. In general, we agree with the staff's
conclusion that
lithe revenue generated by residential
development within the proposed
annexation areas would pay for nearly all
of its associated municipal and school
district expenditures. II
However, we must make the following comments:
1. The analysis uses the average cost approach rather
than a marginal cost approach to the proposed area.
2. The analysis ignores the tax revenue generated by
the commercial property in the proposed area. Although one
cannot predict today the value of such property, it is not
unreasonable to assume that $10,000,000 to $20,000,000 of such
property will be developed. If so, additional tax revenue of
$100,000 to $200,000 can be generated. This would eliminate
any projected deficit.
3. The projected shortage of $210,700 is in the general
fund. A surplus of $164,092 exists in the debt service tax.
If the staff recommendation (that the City make no investment
in the property) is finally approved, there will be no debt to
service on this property. Therefore, this debt service
surplus should offset the shortage in the general fund.
In conclusion, I believe the Fiscal Impact Analysis
verifies that the annexation will not produce an undue burden
on the city. As I have pointed out, it is most likely that
there will be no burden on the community. Therefore, this
fiscal perspective should not impact on the decision on
annexation.
We a;e grateful that the staff has identified many of the
benefits to the City which could result from the annexation:
1.. The increased availability of affordable housing
within the corporate limits.
2. The linkage of the City wasteway facility and park
land to the City.
3. The effective economic utilization of the southeast
interception trunk line.
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4. The location for an additional school on the south
edge of the city.
In response to the staff's conditions on the annexation,
I wish to advise the Commission that:
1. We fully intend to protect, preserve and enhance the
wetlands. We are working currently with the appropriate
federal and state agencies in this regard. We have an
appointment on December 11 with these agencies to view the
property. The City is welcome to participate in this meeting.
We are very aware of the unique value of this area to our
property and to the city.
,2. We have developed our concept plan with an emphasis
on open space for the residents. The quality of life is a
constant standard for us as we develop this area.
3. We are currently working with the school district
for the gift of a mutually acceptable school site.
4. We accept the obligation to pay all cost of the
development of our property. However, we do not believe that
we should bear the oversizing cost to serve the neighboring
property in the County. If the City believes such oversizing
is necessary, it should pay the cost to benefit the adjacent
County property.
5. The east/west arterial street is intended to serve
as a southerly loop from Hwy 218 on the west to Hwy 6 on the
east. The street will also serve to access the proposed
school site. As such, this is a community street which should
be built at the cost of the community. We should only be
obligated to build neighborhood streets.
6. The rD zoning is inappropriate for this development.
We ha~ present intent to ~evelop throughout this property as
the market demands. We presently intend to build multi-family
units in 1993-94. Accordingly, we need this zoning at the
present time. I believe the staff was not aware of this
timetable at the time they prepared the report.
7. The Commercial Zoning requested in the application
must be maintained to provide the neighborhood services
required by the residents. We believe it is unreasonable to
force people into their cars, over Hwy 6, to go for
neighborhood services. Although this zoning may seem
unreasonable today, it will prove necessary when the property
is fully developed.
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I hope this letter helps'the Commission focus on the open
issues'of the annexation proposal. I will be present at the
December 3 meeting to discuss these matters further. I look
forward to working with the Commission to develop the addition
to the city. I hope the Commission will conclude after this
meeting that the city will be enhanced by this annexation and
will join with the staff in recommending it to the Council.
Very truly yours,
m~.O~
Stephen F. ~ht -
SFB:mjm
cc: ' Karen Franklin
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CONSERVATION EASEMENT
DRAFT
This Conservation Easement Agreement is entered into this
day of
, 1993, by
(hereinafter
"GRANTOR" )
and
(hereinafter "GRANTEE") and the City
of Iowa city, Iowa (hereinafter "the CITY") .
[Note: If Grantor cannot find or Grantor and the City cannot
agree on a third-party Grantee,
Grantor will grant the
Easement to the City.
Staff will revise the Easement
accordingly. ]
WHEREAS, GRANTOR is the sole owner in fee simple of certain
real property located in Johnson County, Iowa, legally described on
Exhibit A, attached hereto and incorporated by this reference
(hereinafter "the property"); and
WHEREAS, the property contains jurisdictional wetlands,
described on Exhibit B; and
WHEREAS, the property also possesses other natural, scenic,
open space and aesthetic values (collectively referred to as
"Conservation Values"); and
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WHEREAS, in particular (particularly describe the values of
the property, identifying the characteristics to be protected and
the rationale for protecting them. This section must contain very
specific language due to the fact that over time it will be a
primary reference point for determining the intent of the
Easement) ;
WHEREAS, the Parties documented the jurisdictional wetlands
and the other Conservation Values of the Property in an inventory
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of relevant features of the Property, dated
on file at the City Clerk's Office and incorporated by this
reference (hereinafter "Baseline Documentation"), The Baseline
Documentation consists of reports, maps, photographs, and other
documentation that the Parties agree collectively provide an
accurate representation of the Property at the time of this
Agreement and is intended to serve as an objective information
baseline for monitoring compliance with the terms of this Easement;
and
WHEREAS, federal and state regulations require the protection
of jurisdictional wetlands located on the Property; and
WHEREAS, the City of Iowa City, Iowa has an interest in
protecting environmentally sensitive areas in the vicinity of the
Southeast Interceptor Sewer which area includes this Property; and
WHEREAS, the Parties intend to preserve and protect the
jurisdictional wetlands by ceasing all activities on the
jurisdictional wetlands; and
WHEREAS, the parties intend to preserve and maintain the
Conservation Values of the Property by continuing farming
activities, which exist at the time of this Agreement, on the
remainder of the Property not designated as jurisdictional wetlands
in a manner which does not significantly impair or interfere with
the Conservation Values until the earlier of 10 years from the
date of this Agreement or the development of the land owned by
GRANTOR located immediately West of the Property, After 10 years
or the development of the land to ,the West, the Parties intend to
enhance the Conservation Values of the property by ceasing farming
and by restoring to its natural state, those portions of the
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Property that have been altered by farming and other activities or
by enhancing the jurisdictional wetlands and the natural scenic
open space and aesthetic values of the Property; and
WHEREAS, Chapter 457A, Code of Iowa (1993) provides that a
conservation easement may be held by a private, nonprofit
organization for public benefit under certain conditions; and
or
WHEREAS Chapter 457A, Code of Iowa (1993) provides that the
City may acquire conservation easements in order to preserve scenic
beauty, wildlife habitat, and wetlands or otherwise conserve for
the benefit of the public the natural beauty and natural resources
of the state; and
WHEREAS, the Parties recognize the Property's Conservation
Values in its natural state, and share a common purpose in
preserving scenic beauty, wildlife habitat, jurisdictional wetlands
and natural resources; and
WHEREAS, by entering into this Agreement, the Parties agree to
preserve and protect in perpetuity the jurisdictional wetlands and
other Conservation Values of the Property for the benefit of this
generation and future generations.
NOW, THEREFORE, pursuant to Iowa Code ~457A
and in
consideration of the above and the mutual covenants, terms,
conditions and restrictions contained herein, GRANTOR does grant
and convey to the GRANTEE, its successors and assigns, a
conservation easement in perpetuity over the Property as set forth
below.
1. PURPOSE. The purpose of this Easement is to assure that
the jurisdictional wetlands will be retained forever in their
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natural, scenic and open condition and to prevent any use of the
Property that will significantly impair or interfere with its
Conservation Values,
2. RIGHTS OF THE GRANTEE,
a. To accomplish the purpose of this Easement, GRANTOR
grants the following rights to the GRANTEE:
(1) The right to preserve and protect the
jurisdictional wetlands and other Conservation Values of the
Property.
(2) The right to enter on the Property at
reasonable times in order to monitor GRANTOR'S compliance with and
otherwise enforce the terms of this Easement,
(3) The right to prevent any activity on or use of
the jurisdictional wetlands and the right to prevent any activity
on or use of the remainder of the Property which is inconsistent
with the purpose of this Easement as well as the right to require
the restoration of such areas or features of the Property that may
be damaged by any inconsistent activity or use, pursuant to the
provisions of paragraph 8.
(4) The right to construct trails on the Property.
Any proposed trails on the Property must be approved by the
GRANTOR, the CITY, the Iowa Department of Natural Resources
(hereinafter "IDNR") / all other appropriate state agencies, if any,
and the appropriate federal agencies, if any.
(5) After GRANTOR ceases farming as set forth in
paragraph 4 below, the right to restore to its natural state any
portion of the Property that may have been altered by farming or
other activity, including but not limited tOt restoration of
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wetlands as well as the right to enhance the jurisdictional
wetlands and the other Conservation values of the Property, The
enhancement and\or restoration of the Property shall be at the
expense of the GRANTEE. The GRANTOR and the CITY must approve
GRANTEE's restoration plan. The restoration plan shall not require
the removal or modification of any use of the property previously
approved by the CITY and any appropriate state and federal
agencies.
3. PROHIBITED USES.
a. Jurisdictional Wetlands,
Any and all activity on or use of the jurisdictional wetlands
except as may be required by the enhancement of the property or the
restoration of the Property to its natural state as set forth in
Paragraph 2 above, by the installation of underground utility lines
as set forth in Paragraphs 5 (b) and 6 (d) below, or the construction
of a trail or walkway system.
b, The Remainder of the Property Not Desionated As
Jurisdictional Wetlands.
Any activity on or use of the remainder of the Property not
designated as jurisdictional wetlands inconsistent with the purpose
of this Easement is prohibited. Without limiting this general
prohibition, the following activities and uses are expressly
prohibited, provided, however, that this paragraph shall not
restrict in any manner any activities required by the current
farming activities, the enhancement of the Property or restoration
of the Property to its natural state or in the course of any
activity permitted under this easement agreement:
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(1) Placement or construction of any bUildings,
structures or other improvements including but not limited to,
residential structures, mobile homes, signs, billboards, or other
advertising material,
(2) Filling, excavating, dredging, mining or
drilling; removal of top soil, sand, gravel, rock, minerals or
other materials; building of roads, parking lots; or changing the
topography of the land in any manner.
(3) Removal, destruction or cutting of trees or
plants; disturbance or change of the natural habitat in any manner
except for the routine maintenance of trees or plants and the
removal of decayed or damaged vegetation, including weeds and
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(4) Dumping of ashes, trash, garbage or other
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unsightly or offensive material, and changing of the topography by
placing soil or other substance or material such as landfill or
dredging spoils.
(5) Manipulation or alteration of natural water
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courses or wetlands, or activities or uses detrimental to water
purity.
4. GRANTOR'S ADDITIONAL OBLIGATIONS.
1. Grantor agrees to immediately cease all activity on
and use of the jurisdictional wetlands, including farming.
2. Grantor agrees to maintain a 50 foot buffer between
any farming operations and the jurisdictional wetlands.
5. RESERVED RIGHTS. GRANTOR reserves to itself, and to its
heirs, successors and assigns, all rights as owner of the Property
including the right to use the portion of the Property not
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designated as jurisdictional wetlands for all purposes not
inconsistent with the purpose and terms of this Easement, GRANTOR
specifically reserves the right to:
(a) continue the current farming operations on that
portion of the property not designated as jurisdictional wetlands
until the earlier of 10 years from the date of this Agreement or
the development of the land owned by GRANTOR located immediate West
of the Property;
(b) install underground utility lines, including storm
sewers, sanitary sewers and water mains, across the Property if
needed to serve the Sycamore Farms Development provided GRANTOR
obtains approval from the CITY and all appropriate state and
federal agencies and restores any portion of the Property damaged
by the installation of said lines;
(c) construct storm water retention basins and other
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facilities required as a part of the mitigation plan for the
Sycamore Farms Development on that portion of the Property not
designated as jurisdictional wetlands. Any proposed basins and
facilities must be approved by the CITY, the IDNR, all other
appropriate state agencies, if any, and the appropriate federal
agencies, if any, prior to construction of the proposed basins and
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facilities; and
(d) construct trails on the Property. Any proposed
trails on the property must be approved by the CITY, the IDNR, all
other appropriate state agencies, if any, and the appropriate
federal agencies, if any.
(e) construct other recreational uses on that portion of
the property not designated as jurisdictional wetlands. Any
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proposed recreational uses must be approved by the CITY, the IDNR,
all other appropriate state agencies, if any, and the appropriate
federal agencies, if any,
(f) to create additional wetlands within the easement
area if state or federal law requires mitigation or replacement of
wetlands in the course of developing the adjacent land outside the
easement area, Any replacement or mitigation of wetlands must, at
a minimum, replace or mitigate at a two for one ratio.
6,
CITY'S RIGHTS AND OBLIGATIONS.
GRANTOR grants the
following rights to the CITY:
(a) The right to enforce any and all terms of this Agreement,
(b) The right to enter on the property at reasonable times in
order to monitor GRANTOR'S compliance with and otherwise enforce
the terms of this easement,
(c) The right to prevent any activity on or use of the
jurisdictional wetlands and the right to prevent any activity on or
use of the remainder of the property which is inconsistent with the
purpose of this Easement as well as the right to require the
restoration of such areas or features of the Property that may be
damaged by any inconsistent activity or use, pursuant to the
provisions of paragraph 8.
(d) The right to install underground utility lines, including
storm sewers, sanitary sewers and water mains, across the property
if needed to provide utility service provided CITY obtains approval
from all appropriate state and federal agencies and restores any
portion of the property damaged by the installation of said line,
In addition, CITY must notify GRANTOR and GRANTEE of the proposed
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installation of utility lines. In addition, the lines must not
interfere with Sycamore Farms Development.
In consideration of the foregoing, the City agrees:
i. The CITY will not modify, operate or use its adjacent
proper~y, to injure, reduce or damage the jurisdictional wetlands
and other Conservation Values of the Property,
ii. 'The CITY will not raise the existence and terms of this
Conservation Easement as an objection to the development of the
adjacent property owned by GRANTOR provided GRANTOR develops and
the CITY approves a mitigation plan for development of the adjacent
property, The CITY retains all rights to regulate development of
that property as set forth in the Code of Ordinance for the City of
Iowa City, Iowa,
7. FUTURE DEDICATION. The Parties acknowledge that GRANTOR
intends to dedicate the Property to the City. The Parties further
acknowledge that the current City Council cannot bind future City
Councils. As such, the City agrees to accept dedication of the
property included in this Easement if GRANTOR dedicates the
property while the current City Council members remain seated on
the City Council and if GRANTOR has fully complied with the terms
and conditions of this Easement Agreement. If GRANTOR does not
dedicate the Property to the City prior to a change in the Council
membership, the new City Council will determine whether to accept
dedication of the Property, Nothing in this Agreement obligates
future City Councils to accept dedication of the Property
8, GRANTEE'S AND CITY'S REMEDIES, If the GRANTEE or the
CITY determine that GRANTOR is in violation of the terms of this
Easement 'or is threatening a violation, GRANTEE or the CITY shall
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give written notice to GRANTOR of such violation and demand
corrective action sufficient to cure the violation and, where the
violation involves injury to the Property resulting from any use or
activity inconsistent with the purpose of this Easement, to restore
the portion of the Property so injured. If GRANTOR fails to cure
the violation within thirty (30) days after receipt of notice or
under circumstances where the violation cannot reasonably be cured
within a thirty (30) days period, fails to begin curing such
violation within thirty (30) days or fails to continue diligently
to cure such violation until finally cured, the GRANTEE or the CITY
may bring an action at law or in equity to enforce the terms of
this Easement, to enjoin the violation, ex parte as necessary, by
temporary or permanent injunction, to recover any damages to which
it may be entitled for violation of the terms of this Easement or
injury to the jurisdictional wetlands and\or any other Conservation
Values protected by this Easement, including damages for loss of
scenic, aesthetic, or environmental values, and to require the
restoration of the Property to the condition that existed prior to
any such injury. Without limiting GRANTOR'S liability, the GRANTEE
or the CITY, in its sole discretion, may apply any damages
recovered to the cost of undertaking any corrective action on the
Property.
If GRANTEE or the CITY, in their sole discretion, determine
that circumstances require immediate action to prevent or mitigate
significant damage to the jurisdictional wetlands or the
Conservation Values of the Property, the GRANTEE or the CITY may
pursue their remedies under this paragraph without prior notice to
GRANTOR or without waiting for the expiration of period provided to
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cure. The GRANTEE'S and the CITY'S rights under this paragraph
apply equally in the event of either actual or threatened
violations of the terms of this Easement, GRANTOR agrees that the
GRANTEE'S and the CITY'S remedies at law for any violation of the
terms of this Easement are inadequate and the GRANTEE and the CITY
shall be entitled to the injunctive relief described above, both
prohibitive and mandatory, in addition to such other relief to
which the GRANTEE and the CITY may be entitled, including specific
performance of the terms of this Easement, without the necessity of
proving either actual damages or the inadequacy of otherwise
available legal remedies,
9. COSTS OF ENFORCEMENT, GRANTOR shall bear any costs
incurred by the GRANTEE or the CITY in enforcing the terms of this
Easement against GRANTOR, including but not limited to costs of
suit, attorneys' fees and any costs of restoration necessitated by
GRANTOR'S violation of the terms of this Easement, If GRANTOR
prevails in any action to enforce the terms of the Easement, the
GRANTEE and\or the CITY shall bear GRANTOR'S costs of suit
including attorneys' fees.
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10, THE GRANTEE'S OR THE CITY'S DISCRETION, Enforcement of
the terms of this Easement shall be at the GRANTEE'S or the CITY'S
discretion,
Any forbearance by the GRANTEE or the CITY in
exercising their rights under this Easement in the event of a
breach of any term shall not be deemed or construed to be a waiver
of such term or of any subsequent breach of the terms or of any of
the GRANTEE'S or the CITY'S rights under this Easement, No delay
or omission by the GRANTEE or the CITY in the exercise of any
right or remedy upon any breach shall impair such right or remedy
or be construed as a waiver.
11, ACTS BEYOND GRANTOR'S CONTROL. Nothing contained in this
Easement shall be construed to entitle the GRANTEE or the CITY to
bring any action against GRANTOR for any injury to or change in the
Property resulting from causes beyond GRANTOR'S control, including
but not limited to, fire, flood, storm, and earth movement or from
any prudent action taken by GRANTOR under emergency conditions to
prevent, abate, or mitigate significant injury to the Property
resulting from such causes,
12. ACCESS. The general public shall have access to all
trails located on the Property, if and when such trails are
constructed. However, Grantor is not obligated to construct a
public parking lot or to provide increased accessibility for the
general public to the trails system.
13, COSTS AND LIABILITIES.
GRANTOR retains all
responsibilities and shall bear all costs and liabilities of any
kind related to the ownership, operation, upkeep, and maintenance
of the Property.
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14. TAXES, GRANTOR shall pay all taxes, assessments, fees
and charges levied on or assessed against the Property including
all real estate taxes.
15. SUBSEOUENT TRANSFERS. GRANTOR agrees to incorporate the
terms of this Easement in any deed or other legal instrument
transferring any interest in all or part of the property, including
leasehold interests, GRANTOR further agrees to provide the CITY
AND THE GRANTEE written notice of the transfer of any interest at
least thirty (30) days prior to the effective date of the transfer.
The GRANTOR shall not transfer the Property and the obligations
hereunder to a Homeowner Association in the Sycamore Farm
Development.
Any notice, demand, request, consent, or
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16. NOTICES,
communication that either party desires or is required to give to
the other shall be in writing and either personally served or sent
by first class mail, postage prepaid to the following addresses:
17. RECORDING. GRANTOR shall record this Easement in the
Johnson County Recorder's Office, Johnson County, Iowa.
18. COMPLIANCE WITH FEDERAL AND STATE STANDARDS.
Grantor agrees that it will not conduct any activity on the
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Property or use the property in any way that violates the
applicable state and federal wetlands regulations or the agreement
between the city of Iowa City, Iowa and the IDNR, dated
Any party which believes that certain acts or actions
have violated or may violate such restrictions may request
governmental review of such acts or actions, If the acts are found
to be in violations, the Grantor shall immediately cease such acts
or actions and restore the property to a prior non-violation
statuS.
17, SUCCESSORS AND ASSIGNS. The terms and provisions of this
Easement shall inure to the benefit of and bind the successors and
assigns of the respective parties and the covenants shall run with
the land and with the title to the land,
GRANTOR:
GRANTEE:
CITY OF IOWA CITY, IOWA
BY:
ATTEST:
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
On this day of
the undersigned, a Notary Public in and for
State, personally appeared
, 19 , before me,
said county, in said
, to me known
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to be the identical person(s) named in and who executed the within
and foregoing instrument, and acknowledged the (he/she/they)
executed the same or (his/her/their) voluntary act and deed,
Notary Public in and for the State of Iowa,
STATE OF IOWA )
)SS
JOHNSON COUNTY )
On this day of October, 1993, before me, the
undersigned, a Notary public in and for the State of Iowa,
personally appeared ' to me
personally known, who being by me duly sworn did say that he is the
of the corporation executing the within
and foregoing instrument, that no seal has been procured by the
corporation; that said instrument was signed on behalf of the
corporation by authority of its Board of Directors; and that ----
as officer acknowledged the
execution of the foregoing instrument to be the voluntary act and
deed of the corporation, by it and by him voluntarily executed.
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Notary Public in and for the State of Iowa
STATE OF IOWA
SS:
JOHNSON COUNTY
On this day of October, 1993, before me, the
undersigned, a Notary public in nd for said County, in said State,
personally appeared Darrel G. Courtney and Marian K. Karl', to me
personally known, who being be me duly sworn, did say that they are
the Mayor and City Clerk, respectively of said municipal
corporation executing the foregoing instrument; that the seal
affixed thereto is the seal of said municipal corporation; that
said instrument was signed and sealed on behalf of said municipal
corporation by authority of City council of said municipal
corporation; and that the Darrel G. Courtney and Marian K Karr
acknowledged that execution of said instrument to be the voluntary
act and deed of said municipal corporation and by them voluntarily
executed.
Notary Public in and for the State of Iowa
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GLOSSARY OF TERMS
TO BE INSERTED
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Conservation Values Assessment and Inventory
Sycamore Farms
Iowa City, Iowa
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JAi'l Z ! 199:)
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Table of Contents
1.0 Introduction.".,..,..",.".,.,..".,...,',.,',.,",.,.,',.....,',.., 1,1
1.1 Purpose ..........,...,...,..,.,........"..,.,..,.........,.,.. 1.1
1.2 Methodology ..............,.....,..,..,.............,..,...,.... 1-1
1.3 General Wetland Values, ... ". ", ., . , ,. , , . , . . ., . , . . , . ", , , , . ., , . .., 1.1
1.3.1 flood and Storm Damage Protection ,.,........,...".,........ 1.2
1.3.2 Erosion Control ,.,......".........".,..,.,........,.,.,. 1.2
1.3.3 Water Supply and Ground.Water Recharge .,...."",..,.,",.,' 1-2
1.3.4 Halvest of Natural Products ................."...,... . .. , . ... 1-3
1.3.5 Recreation and Aesthetics ...,.,..,.,.....;..,.,..."..,..,.. 1.3
1.3.6 Water Quality.. .. .. .. .. . .. . .. . , . . , . . .. . , . .. . .. . , , , .. .. . ... 1-3
1.3.7 Aquatic Productivity .. .. .. .. .. .. .. .. ; .. . .. .. .. .. .. .. .. .. .... 1-4
1.3,8 Fish and Wildlife "......"........,......,',."...,",.," 1-4
2.0 Site Description . . .. .. .. , .. .. , . , . . , . , .. , .. .. . , , , .. . . , . , . .. .. . , . . .. . . .., 2-1
2.1 Location.........,.........,......."....,...,.".....,. ..,..... 2-1
2,2 Site and Vicinity Characteristics ."................"......."........ 2-1
3,0 Findings ........,..........,......"..,..,... " , . , . . , , , .. , , , . . .. . , .., 3,1
3.1 Lower Terrace Wetland Descriptions and Values .....,...""",',.,..,., 3.1
3.1.1 Forested Wetlands ..................,.............., '.. . .. ., 3.1
3.1,2 Shrub/Scrub Wetlands, . . . , , . . . . . . . . . , . . , . . . . , . . , . . , . . , . . . , ., 3-2
3.1.3 Emergent Wetlands ..:,.......,. ,,' . . . . , . . . . , ... . . , . . , , . . , ., 3-3
3,1.4 Agricultural Wetlands, . . , . , , . . . . . , . , . . , . . . , , . , , , . . . . ., . , . . " 3.5
3.1.5 Other Wetlands,... .. .., . , .., ... , . , , . , . . , . , . ." , .. . .. , . .... 3-7
Figures
Figure 2.1
Site Map
Appendices
Appendix A
Photo Log
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1.0 Introduction
1.1 Purpose
An assessment of comervation values was conducted for the proposed Sycamore Farms development
property near Iowa City, Iowa, The purpose of this assessment was to determine the existing
comervation values at the property, Plam for residential development of the property are undelWay
and these plam include a comervation easement and preservation of onsite jurisdictional wetlands,
1.2 Methodology
This assessment was conducted on November to and 11, 1993. Habitat and wildlife observations were
noted during the assessment. Due to the limited field observations and time of the year, a detailed
inventory of plant and animal species at the study area was nol possible. In general, only those
species observed during the field activities are reported in this assessment. A large portion of the
property is jurisdictional wetlands, This assessment focusses on the functional comervation values
of the wetlands in the lower terrace portions of the property. Section 3,0 describes the wetland
values that were noted at the property.
1.3 General Wetland Values
Wetlands in general are recognized as valuable natural resources, This section describes some of the
generally recognized wetland values. Not all of these values are applicable to the study area, Site
specific wetland values are discussed in Section 3,0, Wetlands provide socioeconomic benefits,
contribute to environmental quality values, and support rlSh and wildlife, The socioeconomic benefits
include flood and storm'damage protection, erosion control, ~ater supply and ground,water recharge,
harvest of natural products, Iive,stock grazing, and recreation, Environmental quality values of
wetlands include purifying natural waters by removing nutrients, chemical and organic pollutants, and
sediment, and by producing food that supports aquatic life. FISh and wildlife values include
maintaining biodiversity by providing critical habitat to many species and supplying drinking water and
food.
1.1
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1,3.1 Flood and Storm Damage Protection
Wetlands provide very valuable functions by reducing the severity of floods. Every year floods cause
serious damage to property, Wetlands can be effective as temporary storage basins for flood watel1i
and thus reduce flood levels, fn addition, because flood watel1i arc held in wetlands instead flowing
directly down rivel1i and streams, much of the water takes longer to reach flooded areas, Depending
on the location of the wetland, the delay can significantly reduce flood peaks ,and thereby protect
downstream property ownel1i from flood damage. The flood storage function also helps to slow the
velocity of water and lower wave heights, which reduces the water's erosive potential. By slowing the
flow of water, storing it for a time, and slowly releasing watel1i downstream, wetlands can
desynchronize flood peaks of tributary streams so that flood watel1i do not reach the mainslem river
at the same time.
1,3.2 Erosloa Control
Wetland vegetation located between watercoul1ies and uplands can help protect uplands from erosion.
Wetland vegetation can reduce erosion in several ways, including increasing durability of the sediment
through binding with its roots; dampening waves through friction; and reducing the velocity of the
,current through friction, Tree roots bind with and stabilize soil, making it resistant to erosion, Tree
trunk and branches slow the flow of flooding watel1i and dampen wave heights, Among the grass or ,
grasslike plants, bulrushes and reed hand been regarded as the best at withstanding waste and current'
action,
1.3,3 Water Supply and Ground-Water Recharge
Wetlands are often interconnected with groundwater. Wetlands can be areas of ground.water
discharge or recharge. Wetlands or often areas of ground.water discharge, and some may provide
sufficient quantities of water for public use, This water may also be important for wildlife or may be
used for irrigation and livestock water. Recharge potential of wetlands varies according to
numerous factol1i, including wetland type, geographic location, season, soil type, water table location,
and precipitation. Recharge areas provide clean groundwater which many people use for drinking ,
water.
1.2
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1.3.4 Harvest of Naturnl Producls
A variety of natural products ore produced in wetlands, including timber, fish and shellfish, wildlife,
peat, cranberries, blucberries, and wild rice, Wetlands grasses are hayed in many places for winter
livestock feed. During other seasons, livestock graze directly in wetlands across the country, These
and other products are harvested by man and provide a livelihood for many people, Wetlands also
produce fISh and wildlife for man's use,
1.3.5 Recreation and Aesthetles
Many recreational activities take place in and around wetlands. Hunting and fIShing are popular
sports, Waterfowl hunting is a major activity in wetlands, but big game hunting is also important
locally, Nearly all freshwater fishing is dependent on wetlands. Other nonconsumptive recreational
activities that toke place in wetlands include hiking. nature observation, photography, swimming,
boating, and ice.skating, These activities generate enormous economic benefi.ts by creating demands
for support services such as travel and lodging,
1.3.6 Water Quality
Wetlands are particularly good water filters. Wetlands intercept runoff from both land and water and
help filter nutrients, wastes, and sediment. Wetlands remove nutrients, especially nitrogen and
phosphorus from flooding waters and thus help prevent eutrophication or overenrichment of natural
waters, Evel)'wetland has a limited capacity to absorb nutrients, and individual wetlands differ in the
ability to do so,
There are many ways that nutrients can be held in wetlands, Plant life absorbs soluble nutrients from
the water and uses them for growth. Some nutrients become attached to sediments. Plant matter
that contains nutrients can settle to the bottom and become incorporated into sediment, where the
nutrients are unavailable. Some of this material can become the base of the food web, Some
, .
microorganisms convert the nitrogen present in organic matter ,into nitrogen gas, removing the
nutrient from ihc wetland. Thc bcncfit of holding these nutricnts is that the watcr quality of
downstream ponds and lakes is protected from uawanted growth of algae and aquatic weeds during
the primary recreational season,
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Wetlands have bcen shown to excellent removers of waste products form water. In fact, certain
wetland plants are so efficient in this task that some artificial waste treatment systems are using these
plants. Some wetlands have been used for the processing of domes tie wastes. Wetlands also playa
valuable role in reducing the turbidity of flooding waters, This is especially important aquatic lire and
for reducing siltation of ports, harbors, rivers, and reservoirs, removal of sediment load is also valuable
because sediment s often transport absorbed nutrients. pesticides, heavy metals, and other toxins that
pollute the nation's water,
1.3.7 Aquatic Productivity
Wetlands are among the most productive ecosystems in the world. Wetland plants are particularly
efficient convertors of solar energy. Through photosynthesis, plants convert sunlight into plant
material or biomass and produce oxygen as a byproduct. This biomass serves as food for a multitude
of animals, both aquatic and terrestrial. For example, many waterfowl depend on seeds or tubcrs of
marsh plants, while muskrat eat cattail tubers and young shoots,
Although dircet grazing of most wetland plants is generally limited, their major food value is reached
when the plants die and fragment to form detritus. Detritus forms the base of an aquatic food web
that supports higher consumers like game fIShes; Detritus from wetland vegetation along rivers also
feeds aquatic inscets, The majority of nonmarine aquatic animals depend, either directly or indirectly
in this food source.
1.3.8 Fish DDd Wildlife
Wetlands provide habitat for a wide variety of plants and animals, This is probably the most
commonly recognized value of wetlands. Wetlands are important to fISh, waterfowl, non.game birds,
furbearing mammals including deer as well as other wildlife.
Wetlands serve three major kinds of functions for fISh communities. Wetlands provide breeding and
nurseI)' grounds, act as sources of food, and provide cover from predators especially for young fish,
Most speeies of freshwater fish are dependent on wetlands for one or more of these funetions, May
fISh species that are important in sport or commercial fisheries spawn in shallow marshes and aquatic
plant bed wetlands,
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fall migration, Resident waterfowl rely on wetlands for nesting and as primary feeding areas. Broods
hatched in early summer forage on insectlalVae and aquatie invertebrates, which provide the protein.
rieh diet needed for rapid growth and development. In addition to the waterfowl species that are
popular with hunters, wetlands support a wide variety of other bird species, These species are
enjoyed by bird,watchers and outdoor enthusiasts, and also play important ecological roles in wetland
communities.
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beaver, and mink, Wetlands ean be vital for sustaining white. tail deer populations through the winter.
Finally, wetlands may provide essential habitat for endangered or threatened plant and animal species.
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2.0 Site Description
2.1 Location
,The Sycamore Farms development site is located on land adjacent to the southeast border of the City
of Iowa City. It is bounded by Highway 6, BonAire Mobile Home Park, and Whispering Meadows
Subdivision on the north, underdeveloped' farmed land to the west, the city's wastewater treatment
plant and farmed and idle land to the south, and Snyder Creek and farmed land to the east. All land
in the Sycamore Farms development area and all surroundin~ lands arc tributary to Snyder Creek
which flows into the Iowa River.
2.2 Site and VicinitY Characteristics
The site is accessible from the north via a road extending south from the north farmstead and from
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the west at the farmstead west of Sycamore Street (Figure 2-1), A farm road extends from the
Sycamore Street farmstead cast and south through the eenter of the site, This road is built up with
fill dirt in low areas to allow access across saturated soils, Other unimproved access roads also exist
on the property, The property includes two distinct topographic areas; an upper terrace and a lower
terraee, Drainage from most ,of the upper terrace goes to the lower terrace along various
drainageways. Most of the upper terraee is farmed in row crops or is used as pasture. Land use of
the lower terrace is currently a mixture of unused wetlands and areas of fanned land. The lower
terrace also includes a group of wastewater treatment lagoons. These lagoons are used for treatment
of wastewater from an apartment complex at the west edge of the property. Much of the lower
terrace is wetiand that is or has been farmed for crops or pasture, The entire area is drained to the
Iowa River which is located approximately one mile to the southeast.
Along the cast side,lhe property is intersected by Snyder Creek for approximately 1000 feet. Except
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where Snyder Creek intersects the property, it is located to the cast of the property and flows to the
south, eventually entering the Iowa River south of the property. Under normal water levels Snyder
Creek is not directly connected 'to the majority of the wetland area on the study property. However,
during flood conditions the creek will overflow into the wetland along the northeast portion of the
wetland area (Figure 2~1), A portion of the land on the study property, cast of Snyder Creek rises
quickly in, elevation and is wooded,
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3.0 Findings
This assessment centered on the conservation values of the lower terrace wetlands which cover most
of the lower terrace portion of the property~ The other portions of the site were mostly agricultural
and were not part of the scope of this assessment. This is not to imply that agricultural lands are not
without value in terms of conservation,
3.1 Lower Terrace Wetland Descriptions and Values
Wetland maps prepared by the Soil Conservation Service were updated in November, 1993 and'
indicated that wetlands extend throughout most of the lower terrace (Appendix A). No wetlands
were identified by SCS in the upper terrace. Areas of nonwetland in the'lower terrace exist on the
property in the southeast corner of the property and the higher ground to the east of Snyder Creek.
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The lower terrace wetland consists of a mixture of palustrine forested, scrub/shrub, emergent, and
agricultural wetlands, This wetland also includes three wastewater treatment lagoons (other on
Figure 2.1), Hydrology of the lower terrace is affected by direct precipitation, runoff from portions
of the upper terrace, and ground.water discharges in the lower terrace and along the face of the bluff
between the two terraces. Also in periods of high flow, Snyder Creek will overflow in the wetlands
on the property. '
3.1.1 Forested Wetlands
Nearly 15 acres of forested wetlands oceurred in the east central portion of the lower terrace,
northeast of the lagoons. The forested wetland was surrounded by other wetland types, To the south
and west it bordered agricultural wetland, to the cast was shrub/scrub,wetland, and to the north it was
next to an emergent wetland, A small portion (<100 ft) of the southern border of the forested
wetland was at the property boundal)'. The adjacent property south of the forested wetland was
emergent wetland. Dominaat hydrophytlc tree species were willows (Salix sp.) and Eastern
Cottonwood (Populus deltoldes), Soils in the forested wetlaad area were mostly in the Elvira unit.
Wetland hydrology was evidenced by the presence of soggy saturated soils with ~ome isolated pockets
of standing water.
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The forested wetlands provide area for storage of flood waters from overflow of Snyder Creek. This
also helps to reduce the velocity of these flood waters and thus reduce erosion, These flood water
are then released slowly to the adjacent emergent wetlands, The slow release of these flood waters
will ultimately help reduce flooding on the Iowa River, The slowed flow of flood waters will also
cause the release of the sediment load carried by the flood waters. Removal of sediment is also
valuable to water quality beeause sediment often transport adsorbed nutrients, pesticides, and heavy
metals.
The forested wetland also provides good habitat for birds and small mammals, Mourning dove
(Zenaida macroura), Black.capped Chickadee (Parus atricapillus), and Slate,colored Junco (Junco
hyemalis) observed in the forested wetland during field activities. It is very likely that other bird
species, squirrels, and other small mammals oceur in the forested wetlands on the property. The
proximity of the forested wetland to the open water of the lagoons may also allract Wood Ducks (Aix
sponsa) to nest in the area, The area may also provide sheller for Whitetail Deer (Odocoileus
virginianus).
Many recreational activities may take place in the forested wetland, A5 mentioned above this area
may provide habitat for many animals including game species for hunting. Other potential
recreational uses of the forested wetland include nature observation and photography.
3.1.2 Shrub/Scrub Wcllands
A total ,of 29.56 acres of shrub/scrub weiland were pr~ent in the lower terrace portion of the
property. These shrub/scrub wetlands were found in four arens, The first (SI, 2.14 acres) was located
east of Snyder Creek. The second shrub/scrub weIland (S2, 11.16 acres) was located south and east
of the lagoons and extended to the southern property boundary, The third Shrub/scrub weiland (83,
15:69 acres) was located east of the forested wetland and extended to the middle southeast property
boundary. The fourth shrub/scrub wetland (S4, 0,57 acres) was south of the forested wetland.
Hydrophytic species in these shrub/scrub wetlands included Silky Dogwood (Cornus obliqua), lvillows,
and Red Mulberry (Moros rubra), Soils in the shrub/scrub wetlands included Houghton and Elvira
units. The hydrology of SI was affected by Snyder Creek and will be inundated during high water
flows, The hydrology of S2 was delenilined by intenniUent drainage of the northeastern portion of
the lower terrace.
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The shrub/scrub wetlands althe property may provide pntential holding area for local IIood waters
especially along Snyder Creek, Much of the shrub/scrub wetlands at the property, especially S2 is also
a likely ground water discharge area, Willows are common and spreading in range in many of the
shrub/scrub wetland areas. Much like the forested wetlands the shrub/scrub wetland at the property
will provide habitat for birds and mammals, Red.Winged Blackbirds (Agelaius phoenieeus), Mourning
Dove, sparrows and Brown.Headed Cowbirds (Molothrus ater) were obselVed during field activities,
It is vel)' likely that other bird species and small mammals occur in the shrub/scrub wetlands on the
property. Rccreational activities that may take plaee in the shrub/scrub wetlands include nature
obselVation and photography of these birds,
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3.1.3 Emergent Wetlands
Emergent wetlands occurred in five areas accounting for a total of 36.41 acres, Emergent wetland
areas EI and E2 were north and east of the lagoons. Emergent wetland EI included 17.37 acres and
was located south of agricultural wetland and north of the forested wetland and shrub/scrub wetland'
S3. A fann road bordered the east side of EI, separating it from E2, The far eastern side of EI was
at the properly boundal)'. EI was separated into a north and south portion by a fenee, The north
portion of EI had areas of standing water and fully saturated soils. Hydrophytic vegetation in the
northern portion of EI were cattails (Typha sps,) and River Bulrush (Scirpus IIuviatilis). The
southern portion of EI had been farmed previously (probably used for hay within the last year) and
contained a significant amount of brome with areas of River Bulrush and Reed Canal)' Grass
(Phalaris arundinacea),
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, Emergent wetland E2 (7.55 acres) was located immediately north of the lagoons, This area was
bordered to the east by shrub/scrub wetland, to the north by a farm road, and to the west by
agricultural wetland. Standing water and thick wetland vegetation were present in E2. Dominant
hydrophytic vegetation were River Bulrush, cattails, and Soft Bulrush (Scirpus validus),
Emergent wetland E3 (3.11 acres) was located west of the lagoons. The dike of the lagoon and a
dike containing a sewer line fonned the east and north borders of Ihis area, respectively. These dikes
were ten to fifteen feet above the elevation of E2. West of E2 was a pasture that was agricultural
wetland. Dominant hydrophytie vegetation in E3 were cattails and River Bulrush.
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Emergent wetland E4 (8.10 acres) was located cast and south of the lagoons, Shrub/scrub wetland
S2 formed the north, east, and south borders of this area. East of E4 was a crop field that is
separated from E4 by a fence, Along the fence there were areas of agricultural wetland. Dominant
hydrophytie vegetation in E4 were cattails and River Bulrush along with brome grasses,
Emergent wetland E5 (0.48 acres) was a small area located along the southern border of the property
between shrub/scrub wetland S2 and agricultural area A4, Dominant hydrophytie vegetation in E5
were cattails and River Bulrush.
The emergent wetlands provide area for storage of runoff waters from many adjacent agricultural
areas, These wetlands also help reduce the velocity of the runoff and thus reduce erosion, Water
is slowly released from the emergent wetlands helping to reduce flooding during rainy times or during
snow melt. The slowed flow of agricultural runoff waterS also causes the deposition and filtering out
of the sediment load, The removal of sediment thus also will reduce downstream levels of nutrients,
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pesticides, and heavy metals. Several of the emergent wetland areas had very thick growths of
vegetation. This biomass will serve as food for a multitude of anima Is and detritus, Detritus is the
fragmented materials produced when these plants die and degrade, Detritus is an important food
'source for aquatic insects which are in turn important to higher animal consumers such as fISh,
amphibians, birds, and small mammals,
The emergent wetland also provides good habitat for birds ,and small mammals. The emergent
wetland will provide habitat for a variety of aninial species, Red. Winged Blackbirds, Killdeer
(Charadrius vociferus), and sparrows were observed during field activities. More than ten Muskrat
(Ondatra zibethica) huts were present in this area, Due to the generally more wet conditions, the
emergent wetland areas also provide habitat for amphibians and other more aquatic species. A
Norther Leopard Frog (Rana pipiens) was observed during field activities. It is very likely that other
shorebirds and waterfowl also use the emergeni wetlands habitat on lhe property.
Recreational activities that may take place in or near the emergent wetland include hunting and
trapping, An upland game hunter was at the property during field activities. Portions of the
emergent wetland provides excellent cover for Ring.Necked Pheasant (Phnsinnus colchicus). Al least
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the emergent wetland include nature observation and photography,
3.1.4 Agricultural Wetlands
Agricultural wetlands were either used for pasture or row crops. Six agricultural wetlands were
identified. The agricultural wetland totaled acrcs in area, Hydrophytic vegetation was especially
difficult to verify in the agricultural areas. Many of the fields had been recently plowed at the time
of field activities, Where possible correlatioas to fence row vegetation and adjacent field vegetation
were used as indicators of the potential for hydrophytic vegetative growth in the agricultural wetland
areas. Some portions of the agricultural fields may be prior converted wetlands because of past
agricullural practices,
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Agricultural wetland area Ai (3296 acres) was located at the northern end of the lower terrace. It
bordered emergent wetland EI to the south and Snyder Creek to the east. The southeast edge of
Al is at the property boundary. The agricultural uses of Al were crop cultivation in the center
portion and pasture on the east and west sides. The topography of the center crop field was
generally sloping north to south, with a significant elevation rise in the northeast corner. In the'
southwestern corner of the center crop field dominant hydrophytic vegetation was present including
cattails and sedges (Carex sp,). There,was evidence in other portions of this crop field of a recent '
fire which destroyed much of the vegetative materials, However, remnants of sedges, cattails,
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Smartwced (Polygonum coccineum) and willow shoots were present. The northern wetland.
/nonwetland boundal}' of this crop field was determined based on the existence of saturated soil
conditions, the presence of remnant vegetation, and overall topography. Pasture areas included in
Al were found to the west of the crop field just north of EI, to the east of the crop field adjacent
to Snyder Creek, and a small area of pasture north of the crop field, Vegetation in the pasture areas
was closely cropped by, grazing and hydrophytic vegetation was not always dominant. Hydrophytic
vegetation that was prcsent in the pasture areas of Al included sedgcs, smartweed, and Tall Ironweed
(Veronia altissima). A small (approximately 200 ft2) area of standing water was present in the east
pasture area, Evidence of flooding of Snyder Creek was found along the fence between the east
pasture and crop field,
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- in A2 were sandy, including a small area (approximately 100 ft2) of un vegetated sand located at the
western end of the area, The area was used as pasture. Vegetation in A2 was closely cropped by
Q' grazing and hydrophytie vegetation was not always dominant. Hydrophytic vegetation that was
present in A2 included sedges, smarlweed, and tall ironweed,
- ' Agricultural wetland A3 (5.42 acres) was located west of ID. The dike containing the sewer line
a formed the north border of this area, The area included the drainage way of the an unnamed crcek
that l10wed around the Sycamore farmstead, This ercek drained portions of the upper terrace.
Hydrophytic vegetation present in A3 were sedges, Smartweed, and willows,
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crop cultivation. The topography of A4 sloped gently from west to east. The eastern third of A4 'I':
, contained dominant wetland vegetation including cattails, River Bulrush, and Reed Canary Grass, ':
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north of a non-wetland crop field at the southeast corner of the property. AS was bordered on the i
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contained dominant wetland vegetation including cattails, sedges, River Bulrush, and Soft Bulrush,
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emergent wetland E4, Ground elevations in the nonwetland crop field were approximately 5 feet
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higher than those of E4 and A6 represented a transition zone that was occasionally farmed,
Saturated soils and cattails were present along this transition zone,
The agricultural wetlands exhibit an obvious socioeconomic value to landowners, farmers, and
consumers, However, because of the agricultural uses of the land the conservation values of the
agricultural wetlands are limited, The disturbed nature of the natural vegetation undermines most
of the functional wetland characteristics. However, the fields will provide some food and areas of
habitat for wildlife, Recreational uses of the agricultural wetland on the property include hunting
and horseback riding.
3.1.5 Other Wetlands
The other wetland on the property was the wastewater treatment lagoons. This area included 7.13
acres. The depth of water in the lagoons was not determined during the field investigation. There
were three lagoons, a larger north pond and two small ponds to the south, The dikes surrounding
and separating the lagoons were grassed with cattails present along some water edges,
The lagoons do not receive water from other parts of the lower terrace, Therefore, the lagoons do
not provide any flood or erosion control value. However, the lagoons do provide habitat for wildlife.
A number of waterfowl were present at the lagoons during the field activities, These included
Mallards (Anas platyrhynchos), Lesser Scaup (Aythya affinis) and American Coot (Fulica americana).
Hunting of these waterfowl is a potential recreational use of the lagoons. The use of this area for
hunting is subject to government ordinances,
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Wetland DelIneation
Sycamore Farms
Iowa City, Iowa
Prepared by: Stanley Consultants Environmental, Inc.
8501 W. Higgins Road, Suite 730
Chicago, Illinois 60631
Project Number: 11311.2000.040
Date: January 17, 1994
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Table of Contents
1.0 Introduction..,...........",....,...,.",.,....,.,...,.,......,..,.., 1.1
1.1 Purpose ..........................................,............. I-I
1.2 Methodology .................,.."..,.,. '. . . . . , . . . . . , . , , . , . . . , , .. 1.1
20 Site Description.... .. .. . . . . .. . . . , ... . .. . . . . .. .. . .. .. . . . . . . . . . . .. . .. . .. 2-1
21 Location ....................................................... 2.1
2.2 Site and Vicinity Characteristics '..,.."".""...""". , , , " , .. . " '" 2.1
3.0 Records Review,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3~1
3.1 Wetland Record Sources, Federal and State ..,."..."......."....".,. 3.1
4.0 Findings ......... '. . . . . . . , , , . . . . . . ; . . . . . . . . . . . . , . . . , . . . . . . . . . . . . . . . .. 4.1
4.1 Lower Terrace Wetland Description (166 acres) ,..",.,. , . . . , . . , . . , , , , , .. 4,1
4.1.1 Forested Wetlands ...,..,...,..,....,.,.,......."....,.". 4,1
'4.1,2 Shruo/Scrub Wetlands'. . , . . . . . . , . , , . . . . . . . . . . . . . . . . . . . . . . . . " ,4.1
4.1.3 Emergent Wetlands .,.....,.......,....,.....""""...... 4.2
4.1.4 Agricultural Wetlan!fs . . . , , . , . . . . . . . . . . , , . , , , . . . , . . . . . , . . , , ., 4,3
4.1.5 Other Wetlands .............,...,..."...,...,....."",.; 4.5
4.2 Upper Terrace Wetlands ............,..,....,..,....,...,',.,....". 4,5
Figures
Figure 1
Wetland Boundaries
Appendices
Appendix A
Soil Conservation Service Information
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1.0 IntroductIon
1.1 Purpose
Stanley Consultants Inc, (SCI) conducted a wetland delineation of the proposed Sycamore Farms
development property near Iowa City, Iowa. The purpose of this delineation was to determine the
boundaries of a wetland at the property. Plans for residential development of the property are
underway and these plans include a conservation easement that will be between the residential areas
and the wetland.
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1.2 MethOdology
This wetland delineation was cOnducted according to the Federal Wetland Delineation Manual
(1987), The field work was conducted on November 10 and 11, 1993. Wetlands are defined as areas,
which under "normal" conditions, exhibit the presence or hydric soils, wetland hydrology, and the
predominance of hydrophytic vegetation, Since much of the study property has been disturbed by
agricultural practices, the predominance or hydrophytic vegetation was not always 'considered a
necessary criterion, Hydric soils, hydrology, and the presence or wetland indicator vegetation were
criteria emphasized in establishing the wetland boundaries at this site.
Wetland boundaries were marked with pink and orange flags and are shown on Figure 1.
Approximate acreages were digitized with and electronic planimeter. Wetland boundaries could be
surveyed to obtain exact acreages and locations or wetlands relative 10 property boundaries,
1.1
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2.0 Site DescrIption
2.1 Location
The Sycamore Farms development site is located on land adjacent to the southeast border of the City
of Iowa City, It is bounded by Highway 6, BonAire Mobile Home Park, and Wh~pering Meadows
Subdivision on the north, underdeveloped farmed land to the west, the city's wastewater treatment
pla~t and farmed and idle land to the south, and Snyder Creek and farmed land to th~ east. All land
in the Sycamore Farms development area and all surrounding lands are tributary to Snyder Creek
which flows into the Iowa River,
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2.2 Site and Vicinity Characteristics
The site is accessible from the north via a road extending south from the north farmstead and from
the west at the farmstead east of Sycamore Street (Figure 1). A farm road extends from the
Sycamore Street farmstead east and south through the center of the site. This road is built up with
fill dirt in low areas,to allow access across saturated soils, Other unimproved access roads aiso exist
on the property. The property hicludes two distinct topographic areas; an upper terrace and a lower
terrace. Drainage from most of the property on the upper terrace goes to the lower terrace along
various drainageways, Most of the upper terrace property is farmed in row crops or is used as
pasture. Land use of the lower terrace is currently a mixture of unused wetlands and areas of farmed
land. The lower terrace also includes a group of wastewater treatment lagoons. These lagoons are
used for treatment of wastewater from an apartment complex at the west edge of the property, Much
of the lower terrace is wetland that is or has been farmed for crops or pasture, The entire area is
drained to the Iowa River which is located approximately one mile to the southeast.
Along the east side, the property is intersected by the north branch of Snyder Creek. Except where
it intersects the property, Snyder Creek is located to the east of the property and flows to the south,
eventually entering the Iowa River approximately 2 miles south of the property, Under normal water
levels Snyder Creek is not directly connected to the majority of the wetland area on the study
property. However, during flood conditIons the creek will overflow into the wetland along the
northeast portion of the wetland area (Figure 1). A portion of the land on the study property, east
of Snyder Creek rises quickly in elevation and is wooded, ,
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, 3.1 Weiland Record Sources, Federal and State
Available wetland databases were collected and reviewed. This information was primarily in Ihe form
of wetland maps prepared by the Soil ConselVation Service. These maps were updated in November,
1993 and indicated that wetlands extend throughoul most of the lower terrace (Appendix A), No
wetlands were identified on Ihe property in the upper terrace by SCS, Areas of nonwetland in Ihe
lower terrace included, a farm field in the soulheast corner of the property and the higher ground 10
the east of Snyder Creek.
The SCS records indicated the following soil types in the areas classified as weiland in Ihe lower
terrace:
(54) ,look
(133+) Colo
(135) Coland
(430) Ackmore
(621) Houghton
(962) Elvira
The location of the soils is provided on figures in Appendix A
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4.0 Findings
Three wetlands were delineated on the property. The largest wetland (approximately 166 acres)
covered most of the lower terrace portion of the property. The other two wetlands were found in
the northwest agricultural field and were both less than 0.5 acres in area.
4.1 Lower Terrace Wetland Description (166 acres)
This wetland consisted of a mixture of palustrine forested, scrub/shrub, emergent, and agricultural
wetlands. The lower terrace wetland also included three wastewater treatment lagoons (Other on
Figure 1). Hydrology of the lower terrace was affected by direct precipitation, runoff from portions
of the upper terrace, and ground.water discharging in the lower terrace and alnng the face of the
bluff between the two terraces,
4.1.1 Forested Wetlands
Nearly 15 acres of forested wetlands occurred in the east central portion of the lower terrace,
northeast of the lagoons, The forested wetland was surrounded by other wetland types, To the south
and'west it bordered agricultural wetland,'to the east was shrub/scrub wetland, and to the north it was
next to an emergent wetland. A small portion (<100 ft) of the southern border of the forested,
wetland was at the properly boundary. The adjacent property south of the forested wetland was
emergent wetland. Dominant hydrophytic tree species were willows (Salix sp.) and Eastern
Cottonwood (Populus deltoides), Soils in the forested wetland area were mostly in the Elvira unit.
Wetland hydrology was evidenced by the presence of soggy saturated soils with some isolated pockets
of standing water.
4.1.2 Shrub/Scrub Wetlands
A total of 29.56 acres of shrub/scrub wetland were present in the lower terrace portion of the
property. These shrub/scrub wetlands were found in four areas, The first (51, 2.14 acres) was located
cast of Snyder Creek. The second shrub/scrub wetland (52, 11.16 acres) was located south and east
of the lagoons and extended to the southern property boundary. The third Shrub/scrub wetland (53,
15.69 acres) was located east of the forested wetland and extended to the middle southeast property
boundary, The fourth shrub/scrub wetland (54, 0.57 acres) was south of the forested wetland.
Hydrophytic species in these shrub/scrub wetlands included Silky Dogwood (Cornus obliqua), willows,
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and Red Mulberry (Morus rubra), Soils in the shrub/scrub wetlands included Houghton and Elvira
uni'ts. The hydrology of SI was affected by Snyder Creek and will be inundated during high water
flows. The hydrology of S2 was determined by intermittent drainage of the northeastern portion of
the lower terrace,
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4.13 Emergent Wetlands
Emergent wetlands occurred in five areas accounting for a total of 36.41 acres, Emergent wetland
, ,
areas El and E2 were north and east of the lagoons. Emergent wetland El included 17.37 acres and
was located south of agricultural wethmd and oorth of the' forested wetland and shrub/scrub wetland
S3. A farm road bordered the east side of EI, separating it from E2, The far eastern side of EI was
at the property boundal}', El was separated into a, north and south portion by a fence, The north
portion of El had areas of standing water and fully saturated soils, Hydrophytic vegetation in the
northern portion of El were cattails (Typha sps,) and River Bulrush (Scirpus l1uviatilis). The
southern portion of EI had been farmed previously (probably used for hay within the last year) and
contained a significant amount of brome with areas of River Bulrush and Reed Canal}' Grass
(Phalaris arundinacea),
Emergent wetland E2 (7.55 acres) was located immediately north of the higoons, This area was
bordered to the east by shrub/scrub wetland, to the north by a farm road, and to the west by
agricultural wetland. Standing water and thick wetland vegetation were present in E2. Dominant
hydrophytic vegetation were River Bulrush, cattails, and Soft Bulrush (Scirpus validus),
Emergent wetland E3 (3.11 acres) was located west of the lagoons, The dike of the lagoon and a
dike containing a sewer line formed the east and north borders of this area, respectively, These dikes
were ten to fifteen feet above the elevation of E2. West of E2 was a pasture that was agricultural
wetland. Dominant hydrophytic vegetation in E3 were cattails and River Bulrush,
Emergent wetland E4 (8.10 acres) was located cast and south of the lagoons. Shrub/scrub wetland
S2 formed the north, east, and south borders of this area, East of E4 was a crop field that is
separated from E4 by a fence. Along the fence there were areas of agricultural wetland, Dominant
hydrophytic vegetation in E4 were cattails and River Bulrush along with brome grasses,
4.2
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Emergent wetland E5 (0,48 acres) was a small area located along the southern border of the property
between shrub/scrub wetland S2 and agricultural area A4. Dominant hydrophytic vegetation in E5
were cattails and River Bulrush.
4.1.4 Agricultural Weflauds
Agricultural wetlands were either used for pasture or row crops, Six agricultural wetlands were
identified, The agricultural wetland totaled acres in area, Hydrophytic vegetation was especially
diflicultto verify in the agricultural areas. Many of the fields had been recently plowed at the time
of field activities. Where possible Correlations to fence row vegetation and adjacent field vegetation
were used as indicators of the potential for hydrophytic vegetative growth in the agricultural wetland
areas. Some portions' of the agricultural fields may be prior converted wetlands because of past
agricultural practices.
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Agricultural wetland area AI (32,96 acres) was located at the northern end of the lower terrace, It
bordered emergent wetland EI to the south and Snyder Creek to the east. The southeast edge of
AI is at. the property boundary, The agricultural uses of AI were crop cultivation in the center
portion and pasture on the east and west sides. The topography of the center crop field was
generally sloping north to south, with a significant elevation rise in the northeast corner, In the
southwestern comer of the center crop field dominant hydrophytic vegetation was present including
, cattails and sedges (Carex sp,), There was evidence in other portions of this crop field of a rcce'nt
fire which destroyed much of the vegetative materials, However, remnants of sedges, cattails,
Smartweed (Polygonum coceineum) and willow shoots were present. The northern wetland.
/nonwetland boundary of this crop field was determined based on the existence of saturated soil
conditions, the presence of remnant vegetation, and overall topography, Pasture areas included in
AI were found to the west of the crop field just north of EI, to the cast of the crop field adjacent
to Snyder Creek, and a small area of pasture north of the crop field, Vegetation in the pasture areas
was closely cropped by grazing and hydrophytic vegetation was not always dominant. Hydrophytic
vegetation that was present in the pasture areas of AI included sedges, smartweed, and Tall Ironweed
(Veronia altissima). A small (approximately 200 ft2) area of standing water was present in the east
pasture area. Evidence of flooding of Snyder Creek was found along the fence between the east
pasture and crop field.
4.3
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Agricultural wetland A2 (3.14 acres) was located west of E2 and north of the sewer line dike. Soils
in A2 were sandy, including a small area (approximately 100 ft2) of unvegetated sand located at tbe
, western end of the area, The area was used as pasture. Vegetation in A2 was closely cropped by
grazing and bydrophytic vegetation was not always dominant. Hydrophytic vegetation that was
present in A2 included sedges, smal'lweed, and tall ironweed.
Agricultural wetland A3 (5.42 acres) was located west of EJ. The dike containing the sewer line
Conned tbe north border of this area, The area included the drainage way of the an unnamed creek
that flowed around the Sycamore farmstead, This creek drained portions of the upper terrace.
.Hydrophytic vegetation present in A3 were sedges, Smartweed, and willows.
Agricultural wetland area A4 (25,63 acres) was located in the southwestern portion of the lower
terrace wetland. It was bordered by emergent wetland E5 and shrub/scrub S2 to the east. The south
edge of A4 was at the property boundary. The northern boundary of A4 included the lagoon dike
and other mounded ground at the southern ends of A3 and EJ, The agricultural uses of A4 were
crop cultivation. The topography of A4 sloped gently from west to east. The eastern third of A4
contained dominant wetland vegetation including cattails, River Bulrush, and Reed Canary Grass.
There was evide~ce of hydrophytic vegetation in many parts of the western two. thirds of A4,
including cattails, River Bulrush, and Soft Bulrush, The western wetland/nonwetland boundary of this
crop field was detennined based on the existence of saturated soil conditions, overall topography, and
the preSence of remnant vegetation,
Agricultural wetland AS (10.17 acres) was located immediately south of the forested wetland and
north of a non-wetland crop field at the southeast corner of the property. AS was bordered on the
west by shrub/scrub wetland S2 and reached the property boundary to the south, Much of AS
, '
contained dominant wetland vegetation including cattails, sedges, River Bulrush, and Soft Bulrush.
Some areas of standing water were also present. The wetland/nonwetland boundary of this crop field
was determined based on the presence of remnant vegetation and the existence of saturated soil
conditions,
Agricultural wetland A6 (0.49 acres) is located between the southeast nonwetland crop field and
emergent wetland E4. Ground elevations in the nonwetland crop field were approximately 5 feet
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higher than those of E4 and A6 represented a transition zone that hns been farmed previously.
Saturated soils and cattails were present along this transition zone,
4.1.5 Other Wetlands
T/1e other weIland on the properly was tbe wastewater Ireatmenllagoons. This area included 7.13
'acres. The depth of water in the lagoons was not determined during the lield investigation. There
were three lagoons, a larger north pond and two small ponds 10 the south. The dikes surrounding
and separating the lagoons were grassed with cattails present along some water edges.
4.2 Upper Terrace Wetlands
1\\'0 upper terrace wetlands were located in the northwestern agricullurallield on the property.
These are designated on Figure 1 as UA1 (0,21 acres) and UA2 (0.34 acres), These wetlands
contained dominant wetland vegetation including cattails, sedges, River Bulrush, and Sofl Bulrush,
Some areas of standing water were also present in UA2. The wetland/nonwetland boundary of this
crop lield was determined based on the presence of remnant vegetation and the existence of
saturated soil conditions.
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Appendix A
Soli Conservntlon Service Informntlon
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UNITED STATES
DEPARTMENT OF
AGRICULTURE
SOIL
CONSERVATION
SERVICE
SUB-AREA OFFICE
I09 Lake Park Blvd.
Muscatine, IA. 52761
SUBJECT: Wetland determination
T5871 and t5870
DATE: Nov. 16, 1993
To Wayne Petersen
238 Stevens Drive
Iowa city, Iowa 52240
Dear Wayne,
You and I visited the wetland site. There are two mapping
units that have possible hydric inclusions. The first is
the 11B area that is to the west and south of the farmstead.
This area is drained by a small ditch that is from I to 2
feet deep. The profile did not show any redoximorphic
features. For this reason I am calling it non wetland.
The other area that is in question is on the south east
corner of the property. The Rowley (826) mapping unit has
inclusions in it. In this case though I did not find any
evidence of any hydric inclusions. I would call this area
non wetland.
The rest of the area is basically hydric soils. Some of
these areas have limited redoximorphic features. A good
example of this is the Colo overwash (133+) area. The
closer I got to the base of the hill the more over wash
there was. This area also 'is slightly higher than the
surrounding area of bottomland. This area of approximately
lOa feet I would not classify as wetland. The rest of this
mapping unit I would include in the wetland and farmed
wetland category.
The other mapping unit that had some small inclusions of non
hydric areas is the Coland (135) mapping unit. There are a
few areas of sightly higher soils that don't show the
redoximorphic features of a wetland area. These are small
areas and are surround by large areas of wetland. These
areas are toosmall to map out on the scale of map that I
have available. For this reason, I am including these in
the wetland area. There was ~area adjacent to the Rowley
that was large enough to map out. I included that area as
non wetland.
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The rest of the soil mapping units are hydric soils. They
exhibit some of the redoximorphic features that identify
them as hydric soils and a wetland area. There has been no
evidence of tiling in the area to change the classification.
Field number 1 has some surface ditches in it so I would
classify it as a farmed wetland because of the manipulation
of this area. The other cropped fields are wetlands that
are farmed.
I hope this will identify the wetland areas for you. I have
enclosed a map of the wetland and farmed wetland areas. If
you have any other questions feel free to contact me.
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Lonnie R. Miller
Area Resource Soil Scientist
cc: Kathy Pielsticker AC
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Section I ....,.,..",..,..,..""...".".",..""".",.",."", I-I
Introduction. . . . , , , , , . , , , , , , , , , . . . , . , , , , . . , , , , . . , , . . . . . . . . . , , , , , . . " I-I
Section 2 """",.,."""".".".,..""...........""",..,.., 2,1
Land Resources Description ..""'..,..,..".,."..".""".....",,, 2-1
Site and Vicinity Characteristics ",.", , , . , , .. , , , , , , , , .. . , . , . . , . , , , , " 2,1
Description of Lower Terrace "..,.,...',.."""",..."",.,." 2-2
Description of Upper Terrace ".,.,.""'.,....,."",..",.,'.,, 2.4
Soils, . . . .. , , . . . .. . .. .. , . , . . . , , . . , , .. , , . . . , , . .. . , , , . , . , , , , . ., 2,4
Flood Prone Areas, .. , .. .. .. .. .. . . , , , , , .. , , , , , . , , , , , , , .. , , .. ..,. 2-5
Groundwater Conditions ...",."""".""""""..""",.., 2.5
Section 3 ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3~ 1
Storm Water Quality,."""",..".",..",.",."""".,.",."". 3-1
General ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3~ 1
Water Quality Parameters ."...,.""""",.."""".,....,."", 3.1
Storm Water Pollutant Concentrations , , . . . , , , .. , , , , , , , . , , . . , . , , . , , , , ., 3,2
Section 4 .......................................................... 4.1
Pollutant Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4~ 1
General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. 4.1
Pollutant Removal ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4~2
Sediment ,.......................,.........,....,............ 4.2
Phosphorous .""."."",.""""""""",."""..""" 4-3
Nitrogen ....................................,............... 4~3
Organic Matter .............."..."..........."....,....,... 4.3
Trace Metals ................................................. 4~3
Other Pollutonts ,.,.""""."""""".""."",.,."",..", 4.3
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Wetland Mitigation Plan........"..,.,......,...".",."".,.,...". 5,1
General, . , ., , . , , , , . , , , ,. , , , , ,. , , , , ,. , , , . ,. , . , . , . . , . , , . . . . , , , . " 5.\
Elimination of Farming Operations ........".,..,."...,.,....,..,." 5.1
General............................ . .... . . . .. , . . . . , .. . , , , . .. 5,1
Direct Physical Damage ,."..,..".."..."., . . , . . . . . . . , . . , , . , .. 5.2
Loss of Habitat ..,...".,....."..,..,."............"....,.. 5.2
Storm Water Runoff ....."..,..,.,...,.",..."..,..."...".. 5,3
Aesthetic Values ...."..........".",.."..",.",..,.,....,. 5.3
Storm Water Management Measures ...."."....,.."",.,....,..,." 5.3
General ..,....,.,.,..".,......,..,....,.,.,....,..".",.,. 5.3
Storm Water Control ,."".".",.,..,."..""..........",.,. 5-4
Pollution Control ""." . . . , , , . , . . . , . . . . . , , , , . . . , , . , , . . . , , , . . ,. 5,8
Construction Pollution Controls ... . , . , , .. , . . . , .. . , . , .. . , . , , , .. , . . , , ,. 5,9
Wetlands Enhancement .,..,.""",...,...."."..".,."..."".. 5.10
Groundwater Recharge .."..."....""..,."..."...,..,.,....,.. 5.10
Trail System,......,.,.,..",...........,..."."""............ 5.11
Summary. .... .. , , . . ,. , " .. . , ,. . ,.. , . " , . , , . . . , , . . . . ,. . , ". . . , . . 5.11
TABLES
Table 3.1 Summary of Reported Pollutant Loads in Storm Water ,.",...,....,. 3.3
Table 4.1 Typical Reported Pollutant Removals Through Settling ,..."."..".. 4.2
FIGURES
Figure 2.1 Wetland Locations ...",..,.............,...."."..."..... 2.3
Figure 5.1 Wet Pond . . . . . . . , , . . . . , . . . . , , , , , , , . , , . . . . . . , . . . , , . . . , . , . .. 5,5
Figure 5-2 Wetland Basin .,..........,................................ 5~6
Figure 5.3 Trail System ,."..".."............,."....,.,.,.......... 5.12
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Section 1
Introduction
Storm water management in an urbnn setting has evolved over the past two decades into an
accepted and structured program required by local ordinanees and implemented by developers
of the land. In Iowa City developers not only arc required to manage the now of storm water
off land disturbed by construction but control storm water releases off developed land after
construction is completed. Temporary erosion control devices arc also required to minimize
sediment leaving a construction site. These control measures all serve to mitigate the
potential adverse effects of increased runoff and sediment loads associated with urban runoff
by lessening the intensity of storm water nows and reducing pollution loads of urban runoff
onto downstream waterways,
The Sycamore Farms development includes approximately 420 acres of diverse land located
adjacent to southeast Iowa City, Nearly all of this land is currently farmed with nearly two.
thirds of the land farmed with row crops and is being considered primarily for affordable
housing development. However, about one.third of the property contains low, sensitive lands
including extensive delineated wetlands. The sensitive lands are considered valuable
biological. aesthetic, and recreational community resources. Protecting this land from the
pressure of urban development is an important local issue with city officials and public
interest groups, Because of the extensive and uniquc nature of the sensitive lands and its
location adjacent to significant primarily residcntial development, a more detailed plan that
explains how the sensitive land will be protected from development runoff will be presented
in the following report,
The report is structured to provide a description of the current setting including the natural
resources of the area, This is rollowed by a description of thc proposed development plans
for the Sycamore Farms property. A prcsentation or typical storm water quality, pollutant
removal techniques, and management concepts that will be incorporated into the development
plans to protect, minimize impnet on, and even enhancc the delineated wetlands will follow,
This report is the tirst of two mitigation plans that will be developed for this project.
Although general in nature, this report provides the outline for key components for managing
storm water from developed portions or the site, It will emphasize the active role the
developers are committed in order to ensure that the wetland resource remains a valuable
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community resource, The second plan will present engineering details for the conceptual
mitigation plnn. This will include data on sizing of storm water management structures, design
detnils, materials of construction, and other important details of the plan.
These two documents will become a vital tool for final planning and design efforts by the
developer during implementation stages of the project nnd as working documents to assist
community leaders in the decision making process during the process of final approvals.
11721.rp1l31
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Land Resources Description
Site and Vicinity Characteristics
The Sycamore Farms development site is located on land adjacent to the southeast border
of the City of Iowa City, It is bounded by Highway 6, BonAire Mobile Home Park, and
Whispering Meadows Subdivision on the north, undeveloped farmed land to the west, the
city's wastewater treatment plant and farmed and idle land to the south, and Snyder Creek
and farmed land to the east. All land in the Sycamore Farms development area and all
surrounding lands arc tributary to Snyder Creek which flows into the Iowa River.
The Sycamore Farms property includes lwo distinct topographic areas; an upper terrace and
a lower terrace, Drainage from most of the upper terrace flows to the lower terrace along
various drainageways. The lower terrace extends south of the Sycamore Farms property and
includes a vast area south of the property including the site of the Iowa City Wastewater
Treatment Plant. Most of the upper terrace is farmed in row crops or used as pasture.
Small, mostly unvegetated callie feed lot areas, arc also present in the upper terrace near the
farm houses located on the west side and north side of the properly, Land use in the lower
terrace is currently a mixture of unused wetlands and areas of plowed and pastured farmed
land, The lower terrace also includes a group of wastewater lagoons located on the southwest
portion of the property that arc currently used for wastewater treatment for the nearby
apartment buildings. Much of the lower terrace is wetland and is regularly used for crops or
pasture, The transitional zone between the upper and lower terraces is a relatively steep
slope that is vegetated with grasses and is grazed annually as part of the farming activities,
Along the cast side. a portion of the properly is intersected by Snyder Creek, Under normal
conditions, Snyder Creek is not directly connected to a majority of the wetlands on the
Sycamore Farms property. However, during flood conditions, the creek will overflow into the
wetland in the northeast portion of the lower terrace.
The Snyder Creek watershed includes a large area estimated to be ZOOO to 4000 acres on the
eastern side of Iowa City that is currently developed and is subject 10 future development
pressure. Approximately 30 acres of the Sycamore Farms upper terrace property drains
directly into Snyder Creek, The remaining portion of the upper terrace property,
approximately ZOO acres, drains into the lower terrace wetlands.
11721.rpt:31
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Another important contributor of storm water runoff to the lower terrace Sycamore Farms
properly is a large area of currently farmed land north of Sycamore Avenue and adjacent 10
the west side of the Sycamore Farms property, Control of the runoff from the offsite source
is not within the scope of the Sycamore Farms development storm water management plan
and will not to directly considered furlher. However, off,site storm water management is
important to the overall protection of the wetlands and must be considered by the city,
Description or Lower Terrace
Most of the lower terrace area on Sycamore Farms properly is wetland. Approximately
166 acres of the 190 acres of the lower terrace area has been delineated as wetland. This
wetland consists of a mixture of forested, scrub/shrub, emergent, and agricultural wetlands.
Considered a part of the wetland are the wastewater treatment lagoons located on the
west side of the property, Wetland locations arc shown on Figure 2-1.
Fifteen acres of forested wetlands arc located in an area on the east central portion of
the lower terrace, northeast of the lagoons. Dominant species include willows and
Eastern Cottonwood. Soils in the Elvira unit dominate the forested wetland area. These
soils arc soggy and saturated with some pockets of standing water.
Shrub/scrub wetlands are found in four areas and comprise a total of29 acres in the lower
terracc. The areas shown on Figure 2,1 arc located cast of Snyder Creek, south and east
of the lagoons, and cast of the forested wetland, These wetlands contain Silky Dogwood,
willows, and Red Mulberry, They arc dominated by Houghton and Elvira soils,
Emergent wetlands occur in five areas for a total of 37 acres. These areas arc shown on
Figure 2.1 with four located on each side of the lagoons. and a fifth wetland located along
the southern portion of the property. The emergent wetlands arc dominated by
hydrophytic vegetation such as cattails, bulrushes and brome grasses, Several of the
emergent wetland areas have very thick growths of vegetation resulting in large
accumulations of bromass.
Agriculture wetlands arc either used for pasture or row crops. Six agriculture weiland
areas comprising a total of 78 acres arc located in the lower terrace arc shown on
Figure 2.1. The areas include the plowed field at the northern end of the lower terrace,
north and south of the berm containing the sanitary sewer line to the lagoons, and three
located in the southeastern portion of the property, These wetlands arc mostly cropped
with row crops. The wetland near the sanitary sewer berm is used for pasture and is
closely grazed. In most cases, remnant wetland plants such as sedges, cattails, and
bulrushes arc present,
Three wastewater treatment lagoons arc present on the western side of the property,
The lagoons arc considered wetlands and receive sewage from the apartments located on
the far weslern side of the property. The lagoons comprise 7 acres, of which some is
present as open water, The berms surrounding and separating the lagoons arc grassed
with cattails, present along some water edges.
The undisturbed portion of the lower terrace including wetlands and other sensitive lands
arc considered an important natural resource. These areas support biological diversity
including a variety of plant species llnd habitats for birds. mammals, reptiles, and insects.
Plants ranging from trees, shrubs, grasses, and nalive nowers arc located in Ihe lower
terrace area adding to the aesthetic value of the land. The lower terrace receives runoff
from Ihe upper terrace agricultural land and currently functions llS II storm waler conlrol
facility providing a natural method for reducing Ihe pollution load and as a means 10
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LOCATION OF EXISTING WETLANDS
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Description of Upper Terrace
The upper terrace is dominated by cultivated fields, Approximately 3/4 of the upper
terrace land was plowed this past year, Most of the remaining land was pastured and
closely grazed. There arc two farmsteads either on the property or located adjacent to
the property, One farmstead is located in the northeastern corner of the property, A
farmhouse, barns, and cattle field lot arc found at this site. A similar layout occurs at the
farmstead adjoining the property on Sycamore Avenue in the southwestern portion of the
property,
Two very small wetlands are located in the northwest corner of the site as shown on
Figure 2-1. They arc located in a cultivated field and are plowed during dry conditions,
Togethcr these wetlands comprise an area of 0,5 acres.
The upper terrace is relatively nat with a major north,south drainageway bisecting the
area. This drainageway receives runoff contributed from primarily on,site sources and
directs it into the northern end of the lower terrace,
Another major drainageway is located on the western side of the site, It receives runoff
from a large regional area (approximately _ acres) of which only about _ acres is
from on.site sources. This drainageway collects storm water from primarily agricultural
land use. however, the area, including Whispering Meadows Subdivision, is potential
residential development land, After paralleling the western edge of the property, the
drainageway enters the site at the western farmstead and discharges into the southwestern
portion of the lower terrace,
Other minor drainageways occur on the site. For example, one is located along the
eastern border of the site, It receives runoff from approximately _ acres from the
northeastern portion of the site. The adjoining property to the cast contributes about_
acres of agricultural land into the watershed of this drainageway. The drainageway
discharges runoff water directly into Snyder Creek.
Salls
Essentially the entire lower terrace contains hydric soils. These soils arc typically poorly
drained to saturated and arc often capable of supporting wetland vegetation, Hydric soils
also occur in areas in the upper terrace and in the drainageway located on the west side
of the property.
Flood Prone Areas
According to flood insurance maps, the 100 year nood level occurs in two areas on the
lower terrace. One is along Snyder Creek on the cast side of the property and the second
area is in the southern portion of the site. Together the 100 year nood inundation area
covers approximately 30 acres of the Sycamore Farms site,
Groundwllter CondlUons
The upper terrace is comprised of sands buried to a depth of about 15 feet by windblown
loess, The lower terrace is an area cut by the meandering river system and filled with a
thin layer of sediment. The basic geomorphology was established thousands of years ago
with the soils forming from the ancient deposits.
11721.rpt:31
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surface in the lower lerrace particularly during wet periods. The upper terrace is
primarily an area of groundwater recharge, Groundwater level fluctuates in the upper
terrace in response to wet and dry years. Along the bluff between the high and low
terraces, groundwater levels fluctuate as well. During wet years, groundwater discharges
or springs from the face of the bluff in places, The lower terrace acts as an area of
groundwater discharge as standing water can be found here, The hydraulic gradient
slopes from the upper terrace to the lower terrace, Therefore, groundwater movement
is towards the lower terrace wetlands,
11721, rpt :31
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Section 3
Storm Water Quality
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Storm water quality is highly influenced by a number of factors related to rainfall
charucteristics land use, topography, and control measures. Runoff is generated as the rainfall
quantity in excess of the amount that can infiltrate into the soil,flows overland and is directed
into drainageways and conveyance systems, Pollutants arc picked up by the runoff water and
are dissolved or carried by suspension to downstream storm water control facilities or
receiving streams. Storm water originating on or flowing over pervious and impervious areas
may exhibit different pollutant loadings, Pervious source areas such as lawns. gardens, and
undeveloped areas arc significant contributors of runoff flow and pollutants for larger rains
and may contribute little runoff flow during small rains, For pervious soils covered with
vegetation the runoff rate and pollutant loads arc typically less than what is experienced with
impervious surfaces, Impervious areas such as paved parking lots. streets, driveways, roofs,
and sidewalks may contribute most of the runoff and pollutants experienced during small
rains.
The relative important of each runoff source is a function of the area, the pollutant washoff
potential, pollutant delivery, and the rainfall characteristics. Considerable study has been
performed to quantify the pollutant charucteristics of runoff, These study efforts which
include actual field measurements and experimentation lend support to typical characteriza,
tions of runoff from developed areas, This mitigation plan will utilize the experience of past
research to offer pollutant loadings that may be reasonably expected for the Sycamore Farms
development.
Water Quality Parameters
The Sycamore Farms development will be predominated by single family dwellings, Some
commercial and multi.family development is planned, In this type of development several
types of pollutants should be generated and can be classified in the following ways:
. Sediments. Sediment con lent in water is measured in different ways but the
suspended solids content is the most important from a pollution perspective, TIle
impacts from suspended solids on control facilities nnd receiving strenms include
sedimentation. reduced light transmission in wnter, stress on nntural habitnts, nnd
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1I721,rpl:31
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reduction in acsthetic value. The largest source of sediments is unvegetated soils at
construction sites and plowed farm fields. Grit, sand, and organic particulates washed
from streets, driveways, yards, and roofs in developed areas contribute most of the
sediment to runoff.
. Nutrients, Numcrous chemicals that stimulate plant growth are considered nutrients,
Nutrients become a nuisance and are classified pollutants when excessive amounts are
released into the environment. Large quantities of macro nutrients such as nitrogen
and phosphorous are undesirable since they can stimulate algae growth and
overgrowth of plants including undesirable species, Generally, phosphorous is the
controlling nutrient in aquatic systems. Sources of nutrients in storm water include
lawn fertilizers and animal droppings. Leaf litter and grass clippings arc a major
source of phosphorous in storm water,
. Metals - A variety of metals are present in storm water. Trace metals are a concern
because of their toxic effects on aquatic life and their potential to contaminate
drinking water supplies. A majority of metals may exist in particulate form and arc
unavailable for organisms use and bioaccumulation. The most common metals in
urban runoff are zinc, copper, and lead. Most of the metals found in urban runoff
arc derived from "leakage" from the urban landscape and originate from street
surfaces, spills, and chemicals used outside the home, The level of lead released in
the environment has lowered in recent years with the elimination of lead from
gasoline and paint,
. Other Chemicals - A number of other chemicals may be present in storm water runoff
depending on the characteristics of land use in the watershed. Chemicals that are
anticipated in runoff waters from Sycamore Farms development include pesticides and
herbicides from lawn care activities, chlorides from snow and ice control, and oils and
greases from streets and driveways.
. Oxygen Demand. Dissolved oxygen is necessa!)' in water to maintain life, Oxidation
of organic mailer by biological activity uses oxygen, If too much organic material
decays the result and be oxygen depletion in water, Low dissolved oxygen in water
can result in fish kills, a reduction in aesthetics, and serious oxygen depletion can lead
to septic conditions and generate odors, Organic material originating primarily from
yards, green spaces, and animal droppings account for much of the oxygen demand
in storm water,
Storm Water Pollutant Concentrations
Obviously, for a development that has not been constructed, data renecting storm water
quality is not available, Characterization of storm water quality must rely on typical values
reported in the literature, A number of watershed studies have been conducted throughout
the count!)' including V,S, EP A funded research. Based on these research efforts pollutant
levels for selected parameters in storm water from the Sycamore FlIrms development can be
expected to reach the values reported in Table 3.1.
Other pollutants will be present in storm water, however, little data is available to quantify
their concentrations, Small concentrations of oil and grease, pesticides. additional trace
metals. and other chemicals will likely be found in storm water, As part of the EP A
Nationwide Urban Runoff Program (NURP) a priority pollutant scan of 120 toxic or
carcinogenic chemicals and compounds found toxic chemicals (except trace metals) in amounts
that were well below relevant criterill or guidelines, Urban runoff scans conducted in
residential areas indicate that these types of pollutants including pesticides, hydrocarbons and
various chemicals IIssociated with household wllstes lire not commonly found in residential
11721.rpt:31
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Table 3.1 Summary of Reported pollutnnt Loads In Storm Water
Pollutant
Development Type and Source
Total Biochemical
suspended Oxygea
Solids Demand
1'5S BOD
m!VI m!VI
101 10
42
Total
Kjeldahl
Nitrogen
TKN
m!VI
1.90
1.65
Total Total Total Total
Phosphorous Lead Zinc Copper
P PbZnCU
m!VI m!VI m!VI m!VI
0.38 0.14 0,14 0,030
0.30 ND 0,075
Residential Sltes{')
Townhouse/Garden Apart,
ments(b)
3/4 ResidentlaVI/4 Com.
mercial/lndustriaV
Undeveloped{')
Residential (45%), Commercial
(15%), Park (23%), Agrieul.
tural (13%), Industrial (4%)(dl'
Residential (53%), Park (15%),
77.4
1.43
0,23 0,08 0.561 0,041
97
1,09
0,20 0.07-'
71.5
1.01
0,18 0,02-
Agricullure (30%)(d)..
Urban Washington D.C. Sites{') 125 7.3 2-00 0.26 0.Ql8 0.037
. Data lrom largest reported storm event into Piusfield,Ann Arbor Retention Basin.
.. Dala Irom largest reported storm event Into Swift Run Wetland.
Source:
(.) Results 01 the Nationwide Urban Runoff Program, Volume, I, Final Report, USEP^, December,
1983.
(b) Eflectlveness 01 Extended Detention Ponds by TJ, Grizzard. et.al., presented at Urban Runoff
Quality' Impact and Quality Enhancement Technology, Proceedings 01 nn Engineering loundation
Conlerence, Henniker, NH, June 23.27, 1986.
(e) Nonpolnt Pollution First Step in Control by James Murray presented at Design 01 Urban Runoff
Quality Contro~, Proceedings 01 an Engineering Foundation Conlerence on Current Practice and
Design Criteria lor Urban Quality Control, Potosi, MO, July 10.15, 1988,
(d) Control 01 Stormwater Runoff Pollutil11 Loads by a Wetland and Retention Basin, by Dale A
Scherger and John A. Davis, Jr. presented at 1982 International Symposium on Urban Hydrology,
Hydraulics and Sediment Control, University 01 Kentucky, Lexington, Kentucky, July 27.29, 1982-
{'I Controlling Urban Runoff, A Practical Manual lor Planning and Designing Urban DMP's, by T.R,
Schueler, Metropolitan Washington County Governments, 1987.
runoff in significant quantities,
Other pollutants, such as chlorides from deicing operations will occur seasonally nnd particles
of rubber and other street debris will be found in trace amounts,
As a poinl of reference, the emuent discharge standards for the Iowa City Wastewater
Trcatmcnl Plant to ensure the qunlity and welfare of the Iowa River require Ihe facility 10
provide secondary trentment. This level of lrentment musl produce an emuent with n total
suspended solids nnd BOD concentrations of not more than 30 mg/l. A copper Iimil of
0,054 mg/l ntlhe north plant and 0,07\ nlthe south plant musl also be met. A comparison
with Table 3.\ shows that typical storm water concentrations for 1'85 exceed the emuent
standards but arc below the standards for copper and BOD, A similar comparison for the
other common pollutants in storm water cannot be made since these arc no applicable
emuent slandards.
11721.rptl31
3,3
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Section 4
Pollutant Removal
General
Storm water management requires an integrated approach to the control of storm water flows
and pollutants carried by runoff. Control structures must be designed to optimize the removal
of pollutants at the same time that peak storm water flows are retained and released slowly
into downstream waterways,
The most effective mechanism for removal of pollutants from storm water is by sedimentation.
Therefore, storm water control structures that promote sedimentation are the best methods
for reducing the pollutant load from urban runoff. Many of the pollutants of concern attach
to sediment particles. As these particles settle, not only are the settleable solids removed but
heavy metals, pesticides, greases and oils, nutrients, and other pollutants attached to the
sediment are removed from the water, Oxygen consuming material (organic solids) settles and
is also removed.
Other important pollution removal mechanisms include vegetative filtering and plant uptake
of nutrients, Each of these removal mechanisms will be utilized to reduce the pollutant load
of storm water from the Sycamore Farms development.
Solids settling occurs in ponds and wetlands when the velocity of the water is lowered to
provide sufficient detention time. A wet pond/wctland system which is proposed for the
Sycamore Farms development (see Section 5) is an effective method for rcmoval of sediment
since larger particles settle out in the pond followed by a shallow, large surface area wetland
used to remove smaller suspended solids partieles over a longer period of retention,
Solids removal through sedimentation depends on a number of factors such as detention time,
particle settling velocity and even water temperature. However, studies have shown that very
significant reduction in a number of pollutants can be attributed to the sedimentation process,
Table 4.) presents data rrom various research efforts that shows the effectiveness of
sedimentation as a pollutant removal mechanism,
Pollutants in particulate form or attached to particulates settle relatively easily, However. a
fraction of some pollutnats such as nitrogen and phosphorous occur in soluble forms,
RemovlIl of these soluble pollutants may be best obtained when the storm wllter is II110wed
11721,rpt:31
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Table 4.1 typical Reportcd Pollutont Removals Through Settling
Condition 1'5S COD Total TKN or TN Total Total
Phosphorous Lend Zinc
Hours Hours Hours Hours Hours Hours
2 6 24 2 6 24 2 6 24 2 6 24 2 6 24 2 6 24
Laboratory Column 54 63 75 23 28 39 25 35 45 22 24 32 64 73 81 30 41 43
Tests(')
Laboratory Column Tests 29 38 56 6 - 25 11 18 41 1 5 12 - - - 7 5 5
Low Concentrations(b)
Laboratory Column Tests 70 79 83 35 - 48 38 46 48 41 44 44 61 68 80 35 45 47
Moderate Concentra.
tions(b)
Field Tests(b) - '. 61 - - 40 - - 15 .. - 29 .. - 83 - - 58
Ave Max Ave Max Ave Max Ave Max
Swift Run Wellandl'l. 76 93 44 62 17 28 70 87
IJetenllon Time
. No detention lime spccificd.
Source:
I') Schueler, T.R. 'Controlling Urban Runorf: A Praetical Manual for Planning and Design Urban BMP's,"
Metropolitan Washington Council of Governments, Wnshlngton, D,C., 1987.
Ib) Effectiveness of Extended Detenllon Ponds, by TJ. Grizzard, et,al" presented In Urban Runoff Quality.
Impact and Quality Enhancement Tcchnology, Proceedings of an Engineering Foundation Conference. New
England College, Henniker, N,H., June 23.27, 1986.
I') Control of Stormwnter Runoff Pollutant Loads By A Weiland and Retention Basin, by D.A. Scherger, and
J.A. Davis, presented at 1982 International Symposium on Urban Hydrology, H~raullcs, and Sediment
Control, University of Kentucky, Lexington, Kentucky, July 27,29, 1982.
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to pass through a shallow wetland to utilize natural biological removal processes. Wetland
plan IS, algae, and bacteria that grow on the shallow, organic rich sediments can take up
soluble forms of nutrients needed for their growth. Marsh sediments are also an excellent
substrate for pollutant sorption. The least amount of removal from biological activity occurs
in the late fall and winter after plants have become dormant. During the dormant period
when plant material decays, nutrients may actually be released back into the water.
Therefore, it is thought that there may be little overall net retention of nutrients in the
wetland; only a major shift in timing when the nutrients are released into the receiving
streams.
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Pollutant Removal
Based on information provided by previous research efforts. storm water control facilities are
expected to provide removal of the following pollutanls primarily through the process of
sedimentation.
Sediment
Both laboratory and lield studies show that 60 to 70 percent of urban sediments settle out
in the lirst six hours, TIle remaining sediment may take as much as two days to settle out
due to very line grain sediment particles,
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Phosphorous
II is reported that about half of the phosphorous in urban storm water is in soluble form,
Therefore, the expected upper limit for the removal of insoluble forms of phosphorous
is about 40 to 50 percent of the total phosphorous load, Research shows that most of the
phosphorous removal due to settling occurs within the first 6 to 12 hours, A very small
portion of the soluble phosphorous is absorbed onto the sediment particles and settles
out.
Nitrogen
Soluble forms of nitrogen comprise about 70 to 80 percent of the total nitrogen found in
urban runoff, Because of this high percentage of soluble forms of nitrogen, removal of
insoluble forms of nitrogen comprise a relatively small percentage of the total nitrogen
load. II is reported that the upper limit for nitrogen removal due to settling is about 40
percent, with about 25 percent removal occurring in the first 6 to 12 hours,
Organic Matter
Organic matter, measured as BOD or COD, experiences rapid settling rates over the first
6 to 8 hours, followed by gradual but steady removal thereafter, Long term removal rates
of 40 to 50 percent may be expected with 30 percent removals anticipated in the first six
hours.
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In general, trace metals are found in minute amounts that are well below human health
or aquatic life criteria, In addition, it is important to note that the risks associated with
trace metals in urban runoff must be evaluated with respect to the fact that a large
fraction of (often over halQ of the trace metals are attached to sediment. Research
shows that settling of most trace metals is mutually quite rapid. This effectively reduces
the level which is immediately available for biological uptake and subsequent
bioaccumulation, Metals associated with the sediment rapidly settle out of the water
column and accumulate in soils and aquatic sediments,
Two metals for which data is commonly available are lead and zinc.
Lead attaches to suspended solids quite easily and experiences removal characteristics that
are closely tied to those of suspended solids. Approximately 60 to 80 percent of the total
load will be removed in the first six hours.
Zinc removal rates are much lower than for lead. Only about 40 to 60 percent of the zinc
load may be removed by settling. The lower removal rate for zinc is due to a high
percentage of zinc in soluble form and not attached to any sediment particles, Up to 70
percent of the zinc in urban runoff is in soluble form. However, a significant portion of
the soluble zinc can absorb onto sediment and settle out.
Other Pollutants
Hydrocarbons (oil and grease) have a strong affinity for sediment, and much of the
hydrocarbon load absorbs to particles and settles out. Research shows thnt about 60 to 70
percent removal of hydrocarbons occurs when they are allowed to settle for 11/2 days.
117Z1.rpt:31
4-3
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Section 5
Wetland Mitigation Plan
General
Development of the Sycamore Farms properly will impact the land in two important ways.
First, once development occurs, the current farming practices will cease. Since nearly all of
the upper terrace and a significant portion of the lower terrnce arc presently cropped, this
land use will be eliminated, In addition, grazing by a herd of horses in the lower terrace
delineated wetlands will be eliminated, Second, planned development on the upper terrace
will convert presently farmed fields to residential and some commercial land uses. Associated
with the development are plans to integrnte storm water management techniques to control
runoff and improve storm water quality prior to discharge to the lower terrnce wetlands,
This section describes the effect of eliminating farming operations and providing storm water
control measures as the cornerstone of the storm water management program, It is
recognizcd that protection, preselVation, and in some instances enhancement of the existing
lower terrace wetland is of vital intcrest to the Iowa City community and the developers.
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Elimination of FarmIng Operations
Geneml
Traditional row crop farming predominates on the upper terrace fields. A total of _
acres was cultivated and planted this past year, In addition considerable land (approxi-
mately _ acres) was cultivated on the lower terrace including some delineated wetland
areas, Pastured land on the west side of the property extends into delineated wetland,
There arc four important effects of farming that can contribute to negative impacts on
wetlands and sensitive lands, They include direct physical damage to the soil and plant
life, loss of habitat for birds, mammals and insects, uncontrolled runoff causing the
introduction of high storm water flows and pollutant loads onto adjoining lands, and loss
of some aesthetic values, Just as continued farming operations sustains the negntive
impncts on the environment, the cessntion of fnrming operntions will produce strong
positive environmental enhancement to the sensitive lands as they are nllowed to revert
back to n natuml state, Ench of the farming impacts nre described below nnd considered
as nn integral part of the overall plnn to protect, preselVc nnd enhance the sensitive Innd.
llnl.rpt:31
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Direct Physlcol Domoge
Current farming operations allow grazing of horses and cattle to occur, Grazing takes
place on the for west side of the property ond extends from the farmhousetbarn orca cost
into the western side of the lower tcrrace, The lower terrace sensitive land in the vicinity
of the lagoons shows signs of damage from hoof prints and trampled and closely cropped
grasses, Much of the soil in this area is subject to significant compaction and depressions
resulting from hoof prints in wet ground. Areas accessible to the horses are characterized
by grass clipped to near the ground surface and bare soil in disturbed areas.
Although the grazed land is not cultivated, the stability of the soil has been compromised,
The light soil on this area is easily disrupted by grazing, Areas on eithcr side of the berm
that connects with the lagoons is loose and will crode during wet weather. Compacted
soils and grasses constantly subjected to trampling and grazing stress the natural
environment, preventing high quality vegetation and wildlife habitat to establish.
The elimination of grazing will remove this source of environmental degradation. The
lower terrace wetland and fringe areas will rebound biologically with the establishment
of stands of native grasses, shrubs and trees, Wildlife communities which depend on these
habitats will find cover, food, and nesting areas. Full restoration of the lower terrace
grazed land is expected to occur naturally and as a part of the created wetlands system
development. Since these grazed lands currently adjoin wetlands with good quality
vegetation, the end result will be expansion of a quality vegetative environment in the
lower terrace extending to the upper terrace slope,
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Row crop operations on both the upper and lower terraces results in not only physical
destruction of the natural vegetation, but it also exposes the soil to the erosive forces of
rain and wind, Runoff and the resulting soil erosion are important factors related to the
quality of adjoining lands. Current farming operations include 130 acres of soy beans and
corn on the north portion of the property and 78 acres of corn planted on the southern
portion of the property. These fields are treated with various chemicals to improve crops
yields, This past year, anhydrous ammonia, dry nitrogen, phosphorous and potassium
fertilizers. and weed control chemicals including Lasso, Atrazine, Pursuit and Banvel were
applied to the land, As was discussed in Section 4, many of these chemicals have an
affinity for sediment particles and arc easily washed into drainageways as runoff during
storm events. Currently these farm chemicals are discharged directly into Snyder Creek
on the east side and into the lower terrace wetlands in the central and western portion
of the site, No storm water control measures except for grassed swales. are visible on the
farmed portion of the property,
Loss of Habitat
The grazed wetland and sensitive land is characterized by closely cropped grasses, Very
little sustainable habitat remains for nesting grounds, forage areas or protective cover for
natural animal populations. Soft ground characterized by hoof prints experiences
recurring disruption of the natural environ meat making propagation by small species of
reptiles and other organisms difficult.
Plowed and cultivated fields obviously incur regular disruption. Bare soils represent
nearly total destruction of natural staads of plant life and aaimal habitat.
Lower terrace wetlands that are currently under cullivation display remaants of wetland
plant species. This indicates a wetlaad plant seed stock is present in this land and that
cessation of farming practices would allow these plants to reestablish; thereby, once IIgain
forming a wetland community.
11721.rpl:31
5-2
Sl ANLEY CONSUL I ANIS
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Elimination of pasturing activitics on the lower terrace wetland will stop the disruption
of this fragile environment and permit the area to reach its full potential as a habitat for
wetland species,
Storm Woter Runolf
It is estimated that the amount of storm water that flows as runoff from the upper terrace
farmed to land onto the lower terrace is approximately equivalent to the quantity of flow
projected from the same area after it has been developed, Without storm water controls
the current ag.land runoff is heavily laden with sediment particularly when bare soil is
exposed to intense rains in the spring and early summer.
Eliminating cultivation will considerably reduce the heavy influx of sediment into the
lower terrace wetland and sensitive lands. Deposition of these sediments will no longer
oceur in the lower terrace wetlands. In addition, chemical pollutants that are part of ag-
land runoff will not be released into the wetland environment.
I
Aesthellc Vulues
The Iowa City community has expressed a keen interest in maintaining the lower terrace
area wetlands and sensitive lands in its natural state while preserving its conservation and
passive recreational values. Much of the success in maintaining the value of the area is
to maximize the aesthetics of the land, The current farming operations in the lower
terrace which result in plowed fields adjoining vegetated wetlands on the north and west
sides detract from the aesthetics and visual enjoyment of the lower terrace, The view,
which has maximum aesthetic potential for an observer on the edge of the upper terrace,
will be greatly enhanced when the bare field ag.land is permitted to re-vegetate with
native plants adapted to the soil and moisture conditions found in these fields,
Storm Water Management Measures
Genernl
Permanent storm water control measures are planned as part of the Sycamore Farms
development. The goal of storm water management on this property is to reduce the
intensity of runoff water flowing into receiving streams and wetlands and to reduce the
pollution load of the runoff as a means of protecting. maintaining. and possibly enhancing
the quality orIower terrace wetlands and sensitive lands, In order to accomplish this goal
it is important to assess a number of factors related to site characteristics and available
storm water control measures and implement a program that balances benefits to the
environment against the characteristics of the site and the objectives of the development.
The storm water control philosophy that will be implemented on the Sycamore Farms
development will be the EPA approach of utilizing Best Management Practices (BMP's)
for curtailing flooding problems and removing urban pollutants, Most of the BMP's
involve extra detention, retention or infiltration of urban storm water to enhance
pollutant removal and storm water management.
Two key types of BMP's will be utilized for management of Sycamore Farms runoff.
They include a wet pond to be constructed on the upper terrace and a created wetland
area located on the lower terrace and designed to receive water from the upper terrace
pond and discharge water to the existing vegetated wetland. A major vegetative filter
strip will also be utilized on the slope that forms a transition between the upper and
lower terraces,
11721.rpt:31
STANLEY CONSULTANTS
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Figure 5-1 presents a schematic drawing of a wet pond. The pond is normally designed
with a permanent pool, a storm water storage volume, and controlled outlet. Water level
in this storage volume Ouctuates in response to rainfall events to accomplish !low control
objectives of tbe facility. The upstream end of the pond has a shallow depth planted in
wetland plants to promote settling of sand, grit and other large sediment particles,
Settling of smaller sediment particles will occur in the remainder of the pond.
Figure 5.2 shows the location of a created wetland basin on the northern portion of the
lower terrace and its relationship with the upper terrace pond and the sources of inOow,
A second created wetland area is shown on Figure 5.2 that is located on the southwest
portion of the property and provides storm water management for development in that
area, The created wetlands will be designed as a shallow. relatively !lat basins that are
planted with vegetation selected for such factors as climate, hydrology and response of
plants to pollutants, The created wetlands will selVe as a natural 'kidney' for removing
pollutants at the same time selVing as an additional facility for control of storm water
Oows,
A vegetation filter strip will be located along the slope face of the upper terrace, The
filter strip will range from 75 to 125 feet wide and will be allowed to support a stand of
native grasses, The filter strip is considered a BMP as it can be used for some pollutant
removal. It has little storage capability especially on the steep slope and will not be
considered further for controlling runoff Oow,
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The proposed RS,8 (52 acres), RFBH (82 acres), and RM.20 (17 acres) wnes on the
northern portion of the upper terrace will require approximately 40.3 acre feet of storm
water storage during a 100 year storm event to be in compliance with Section VII ' Storm
Sewers, Revisions to Design Standards for Public Works Improvements, Iowa City, The
proposed development in the southwest portion of the property which comprises RM.12
(10 acres) and JD,RM (60 acres) wnes will require 20 to 25 acre,feet of additional
storage volume for 100 year storm event !low control, (These storage requirements arc
roughly equivalent to the storage needed if the storm water runoff from the current upper
terrace ag.land was required to be controlled by the Iowa City storm water ordinance,)
Evaluation of the topography of the site reveals that little opportunity for storm water
retention exists on the upper terrace outside of the central north,south drainageway. On
the southern end of this drainageway prior to discharge into the lower terrace, a dam will
be constructed to form an impoundment with a permanent pool covering approximately
1.8 acres, During a 10 year storm event the water level will rise about 5 feet to store
approximately 12.9 acre.feet, A storm larger than a 10 year recurrence will Oow over a
spillway or weir and Oow to the lower terrace.
On the northern portion of the lower terrace, approximately 21 acres of the cultivated
field will be modified to provide a shallow basin with sufficient storage to contain the
remaining 30 acre.feeti of storm water detention, TIle basin will be designed as a
created wetland with a shallow permanent pool ranging from saturated ground to up to
I to 2 feet of standing water and a temporary storage volume of about 32 acre, feet that
will cover the permanent pool with approximately 1 V2 feet of water, It is anticipated that
the created wetland basin will be partitioned into two cells at two different bottom
elevations to allow the structures to conform to the natural relief of the field. An
approximate 3 to 4 foot high berm will form the perimeter nnd partition wall of the basin,
A controlled outlet will release water slowly into the adjoining wetland,
117Z1.rpt:31
5-4
STANLEY CONSULTANTS
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SOURCE' CONtROLLING URAN RUNOI" ... PRACTICAL IUNUAL FOR PLANNING AND DESlliNIHG URBAN 6"'1,
OEP.lRlLlENr or [NVIROt.(NUL PROGR.lUSI Io(TROPOLlTlH lASHIHGTON COUNCIL or GOVERM.EHfS
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FIGURE 5-1
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MAJOR STORMWATER
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PROPOSED STORMW A TER
CONTROL FACILITIES
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Between the upper terrace pond and the lower terrace created wetland a 500 foot.:t.long
by 10 foot .:t. wide waterway will be constructed to convey water from the outlet of the
pond to the inlet of the created wetland. The waterway will be relatively flat to minimize
the velocity of water entering the wetland. Water will be dispersed at the upper end of
the weiland by riprap or gabion diffusers to provide distributed or even flow across the
basin.
The outlet structure for the upper pond will be designed to dissipate energy thereby
reducing the erosive action of the water as it is conveyed to the created wetland.
It is anticipated that the upper terrace pond will have a detention time of 8 to 10 hours
for a to year storm event. The lower terrace created weiland will be designed to provide
approximately one day retention of the 100 year storm event.
The details of the pond and wetland design will be finalized as part of the development
of the detailed mitigation plan. In concept, however, both structures must be compatible
with the conditions of the site in terms of topography and aesthetics and still provide the
basic function of storm water control. It is also important to note that grading and berm
construction activities on lower terrace delineated ag-wetlands will need approval by the
Corps of Engineers.
Development plans for the southwestern portion of the property are not well established
at this time. However, once development does occur, runoff will discharge into the
western side of the lower terrace north of the Iowa City Wastewater Treatment Plant site.
Given the existing topography of this area the most feasible method for storm water
management is the creation of a wetland area with sufficient storage capacity to handle
the 201025 acre.feet of runoff from the area during a 100 year rainfall event. This will
require an approximately 8 to 10 acre impoundment area with a storage depth of 2 to 3
feet. This created wetland will be located in the current plowed field east of the trunk
sanitary sewer line and west of the vegetated wetland area. Controlled discharge from
this ereated wetland will be directed into the current vegetated wetland in areas outside
of the tOO year flood zone. A permanent pool depth from saturated soil to up to Ito
2 feet of standing water will allow establishment of native wetland plants in the area. A
3 to 4 foot high berm will be constructed around the perimeter of the wetland to form
the required storage basin. It must be recognized that the created wetland will be
designed to handle storm water discharged from Sycamore Farms development. Control
of storm water contributed to this drainageway from developments and lands adjoining
the Sycamore Farms development are the responsibility of others and cannot be
considered further in this report.
PolluUon Conlrol
TIle storm water control measures consisting of the upper terrace pond and the lower
terrace created wetlands will be designed to maximize pollutant removal. The primary
removal mechanism will be sedimentation of suspended solids. However, adsorption of
dissolved pollutants onto suspended solids, bottom sediments or vegetlltion and filtration
through sedimenls, vegelation and biota are additional important mechanisms for removal
or to IIssist in lhe removal of pollutants.
11721.rpt:31
5-7
STANLEY CONSULTANTS
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The wet pond on the upper terrace will be designed for up to 8 hours detention for a 10
year rainfall event. According to data presentcd in Section 4 this is sufficient detention
time to permit significant removal of suspended solids. It is reasonable to expect 40 to
60 percent of the sediment load to be removed in the upper pond during the 10 year
rainfall event. In addition, removal rates for phosphorous can be expected to be in the
20 to 40 percent range, nitrogen in the 20 to 30 percent range, lead in the 60 to 70
percent range and zinc with up to 40 percent removed.
The created wetland, which will be designed for up to one day retention, should
experience removal rates of 60 to 80 percent for suspended solids, 40 to 50 perccnt for
phosphorous, 70 to 80 percent of lead, and 40 to 50 percent for zinc. A small amount
of additional nitrogen removal may be expected with the extended detention.
Although little data is available on removal of hydrocarbons, pesticides, and other trace
metals, each of these pollutants attaches to suspended solids particles. As the percentage
of solids removed by settling increases, the removal rates of these pollutants will also
increase. It is anticipated that generally 50 to 75 percent removal will be experienced for
these undesirable storm water constituents by using the wet pond/created wetland system.
Filter strips provide maximum pollutant removal efficiency with sheet flow across wide,
flat lands of dense vegetation. The filter strip on the slope between the upper and lower
terraces will be a valuable pollution control for two reasons. First, it will serve to stabilize
the soils on the slope so sediment will not be picked up by the erosive forces of runoff.
Second, a dense stand of native grasses will provide a filtering mechanism for sediment
in runoff waters from upstream of the filter. The scdimentload and all of the pollutants
that have affinity for scdiment will be reduced. According to the Iowa State University
Extension Service paper on vegetative filter strips more than 70 percent of sediment is
removed within the first 10 feet of a vegetative strip and more than 95 percent removed
within 30 feet on a 12 percent slope. Removals of nitrogen, phosphorous, trace metals,
pesticides and other parameters that adhere to sediment are expected to approach
removal rates reported for the created wetland system. The filter strip should be designed
to encourage the growth of erect, tall perennial grasses such liS smooth Bromegrass, red
canary grass, switch grass, big bluestem and Indiangrass in the first 10 to 30 feet to
promote maximum fillering effcct.
Construction Pollution Controls
Potentially, the heaviest in nux of sediment that is picked up by runoff comes from disturbed
soil at construction sites. Construction activities on the Sycamore Farms development has the
potential to produce large sedimcnt loads especially during site grading activities. TI1is
sediment laden runoff must be closely managed so downstream receiving streams and wetlands
are not adversely impacted. This is accomplished in two important ways. The first is through
installation of temporary scdiment control measures that are in place as long as construction
is taking place. The second way is to utilize permanent storm water control facilities to
capture now and sediment during construction. Other construction related activities useful
for sediment and flow control include phased development to expose soil on only a portion
of the site at a time and scheduling grading activities to disrupt soil in natural drainageways
for a minimum period or time.
11721.rpl:31
5.8
STANLEY CONSULTANTS
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For construction activities that disrupt 5 acres or more a National Pollutant Discharge
Elimination System (NPDES) storm water permit is required. The permit issued by the Iowa
Department of Natural Resources (IDNR) requires the developer to prepare a Storm Water
Pollution Prevention Plan that describes measures for controlling erosion and preventing
pollution in storm water discharges. The key mechanism for controlling storm water
pollutants is the implementation of Best Management Practices. BMP's related to
construction site activities are discussed in detail in the 1992 U.S. EP A manual 'Stormwater
Management for Construction Activities, Developing Pollution Prevention Plans and Best
Management Practices (EPA 832-R-92-(05).'
The goal of construction related erosion control is to keep sediment from moving off site.
This is best accomplished by utilizing a number of different techniques instead of relying on
a single method. In general, the practices recommended by U.S. EP A include:
. Minimize the amount of soil disturbed at anyone time.
. Prevent runoff from off site areas from flowing across disturbed areas.
. Slow down the runoff traveling across the site.
. Remove sediment from on site runoff before it leaves the site.
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A number of structural and non.strueturalteehniques will be utilized for sediment control.
They may include temporary and permanent seeding and geotextiles to stabilize the soil,
diversion dikes, and terraces to direct flow and protect slopes, and silt fences, sediment basins
and buffer zones to remove sediment as appropriate to the conditions of the site.
The permanent storm water control facilities, i.e. the upper terrace pond and lower terrace
created wetland basin, will also be in place during construction on the upper terrace. These
structures will sellle out the majority of sediment from the runoff that is transported off the
construction site before entering the existing vegetated wetland. If significant solids deposit
in the pond and/or created wetland these facilities may require removal of solids so they may
regain their long term post construction usefulness.
Wetlands Enhancement
The quality of existing wetlands in the lower terrace currently range from poor to excellent.
Poor quality wetlands are those that are plowed and subject to row crop cultivation during
those years in which the soil can be worked. Little or no wetland vegetation exists on these
fields. Excellent quality wellands occur on those areas that remain too wet for cultivation and
typically do not support grazing of horses or callie. These wetlands have dense stands of
wetland plants and provide good habitats for animals. Stressed wetland areas are those that
are grazed. They are vegetated but the vegetation is closely cropped or is disrupted by the
action of farm animals walking over the land.
The removal of farming operations will have a positive effect on the poorer quality wetland
areas. Enhancement of the wetland will occur as the poor quality farmed wetlands are
allowed to recover to their natural state. This effect was discussed in detail under Elimination
of Farming Operations earlier in this section.
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11721.rpt:31
5,9
STANLEY CONSULTANTS
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Establishing created wetlands on current poor quality farmed wetlands will provide significant
enhancement to those areas. The created wetland design will "blend' into the surrounding
environment with aesthetic treatment of perimeter berms; selection of compatible materials
for structural components of the facilities; and wetland plant selection that promotes native
species, recognizes the current species mix present in adjoining high quality wetlands, and
maximizes the pollutant removal properties of the plants. It is anticipated that input from the
city and local, county, state, and federal wetland experts regarding the details of the facility
design and plant selection will ensure that the goals for enhancement of the farmed wetland
areas will be met.
The created wetland concept takes currently plowed fields, the majority of which are classified
delineated wetland by virtue of soil, moisture, and remnant plant indicators, and reverts them
back to productive vegetative wetlands. This would no doubt occur naturally if farming
practices were stopped. However, the opportunity to manage the conversion of this area into
a productive wetland and provide a vital storm water management function promotes a
multiple use concept that benefits both the natural resources of the area and development
objectives.
Groundwater Recharge
For the lower terrace, a high groundwater table and groundwater recharged from the upper
terrace are important factors for sustaining the viability of the wetland areas. Under current
conditions recharge from the upper terrace occurs when rainfall on the land percolates into
the soil and enters the groundwater system. The hydraulic gradient allows this groundwater
to flow from the upper terrace to the lower terrace. Under post development conditions the
amount of groundwater recharge from the upper terrace will be reduced.
Creation of the wetland basins on the lower terrace will serve as major recharge areas for the
existing wetland. The created wetlands will be designed to maintain a permanent shallow
pool or saturated soil. For the northern end of the lower terrace, this results in a 23 acre
groundwater recharge area. In the western side of the lower terrace an additional 8 to 10
acres of shallow created wetlnnd basins will be constructed. TIlis will provide significant
groundwater recharge for this portion of the lower terrace. With groundwater now generally
in the direction of the vegetated wetland, these created wetland recharge basins should
provide a sustainable source of saturated soil conditions for the area.
Trail System
Development of the wet pond/ereated wetland system will provide an opportunity to promote
passive recreational activities in the area. On the upper terrace, the north/south central
drainageway will contain a walking path that interconnects the Whispering Meadows
Subdivision with the Sycamore Farms development. The walking path will be located
alongside the upper terrace pond and extend down into the lower terrace. The berms used
to form the created wetland basins will be incorporated into the pedestrian trail system. The
trails will permit the public to enjoy the natural setting of the existing vegetated wetland and
sensitive lands and also get a close up view of the created wetland functioning as a storm
water control facility. The design of the created wetland will emphasize aesthetic concerns
such as natural looking transitions from the wetland basin to the land surrounding the basin,
wood chip or other aesthetically pleasing trail surfaces, selection of native wetland plants and
dry land grasses, and wetland hasin controlled outlet structures that blend into the
117ZI.rpl:31
5-10
STANLEY CONSULTANTS
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surroundings or are partially hidden from view. It is anticipated that the trail will become an
educational tool and will include interpretive stations that describe how the storm water
control facilities were designed and how they function to protect the important natural
resources downstream. The trail system on the lower terrace will eventually extend along the
base of the upper terrace slope to the southwest where it will be available for interconnection
with any future city trail system that extends further south past the existing wastewater
treatment plant. Figure 5.3 shows the possible location of a trail system on the Sycamore
Farms site.
Summary
Wetland mitigation requires effective management of this valuable resource. With proper
management tools, it is possible to protect, minimize impact on, and enhance the wetlands
on the lower terrace. Development of the Sycamore Farms site will incorporate two
important management conccpts that will achieve the required mitigation goals. They include
the cessation of farming practices and the incorporation of storm water control facilities.
In this section, farming is identified as the primary land use over most of the Sycamore Farms
site. Extensive row crop practices on the upper and lower terraces and grazing on the lower
terrace are causing serious damage to the wetlands. The damage occurs from:
. direct physical destruction in pastureland by grazing cattle and horses,
. direct physical destruction in cropland by plowing and cultivating,
. loss of habitat by row crop and grazing activities,
· storm water runoff that carries sediment and farm chemicals into the wetlands,
. reduction in aesthetics as the visual quality of the lower terrace is impaired.
Elimination of farming practices will yield immediate improvement in the quality of the
wetland resources as those wetland areas currently under stress will begin to restore
themselves to their natural state. The lower terrace area that is currently characterized by
sharp contrasts between bare soil fields and heavily vegetated wetlands will transition into a
uniform, natural resource area that will support abundant plant species, habitat, and visual
enjoyment for the Iowa City community.
Implementing storm water control measures will become the primary tool for protecting the
existing vegetated wetland. An integrated approach utilizing USEP A endorsed Best
Management Practices (BMP's) for managing storm water flows and pollutants is discussed
in this section. The main features of the plan is an upper terrace wet pond and an extensive
lower terrace created wetland system that will be designed and constructed to capture storm
water flows and retain them long enough to not only provide flow attenuation required by city
ordinance but to allow undesirable pollutants to be removed from the runoff water. The
combined facilities, which will be designed to handle runoff from the 100 year rainfall event
with up to one day retention, will also be very effective in removing pollutants. Removal
rates can be expected to reach the following levels:
. 80% total suspended solids
. 30% nitrogen
11721.rpt:31
5'11
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LEGEND
MAJOR STORMWATER
CONTROL FACILITIES
SITE BOUNDARY
PROPOSED TRA I L
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. 80% lead
. 50% zinc
. up to 75% other constituents that attach to sediment (oil and grease, trace metals,
pesticides, etc.)
With these expected removals and the assimilative capacity of wetlands no significant impact
is anticipated on the vegetated wetlands from development.
Storm water management including erosion control during construction is required by law
through the federal NPDES storm water permitting process administered by the IDNR. A
program implementing BMP's into the contractor's erosion control plan will ensure that
erosion leaving the site is minimized.
Although the mitigation plan focuses on eliminating farming practices and controlling storm
water, important ancillary benefits will result. They include enhancement of severely
degraded farmed wetlands as they are properly managed and brought back into a naturally
productive condition, creation of extensive groundwater recharge basins for the lower terrace
by building the created wetlands, and the development of an important trail system into the
lower terrace that will provide public access into this natural setting.
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The mitigation plan described in this section commits the developers and the city to the
common goal of protecting the lower terrace sensitive lands from potential impacts of
development. The plan has been carefully conceived to ensure maximum environmental
benefit while maintaining compatibility with land features and development goals. Final
details of the plan, which will be presented in the second mitigation report, will advance this
commitment into environmentally sound engineering design.
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NOTICE OF PUBLIC HEARING
Notice Is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 6:30 p,m. on the 1st day of February,
1994, in the Civic Center Council Chambers,
Iowa City, Iowa; at which hearin9 the Council
will consider the following Items:
1. An ordinance amending the Zoning
Ordinance by amending the PDH (Planned
Development Housing! pian for Walnut
Ridge, Parts 5 throu9h 9, an 85.32 acre,
56 lot residential subdivision located north
of Melrose Avenue on Kennedy Parkway
extended.
2. A resolution approving the voluntary
annexation of an approximate 422 acre
tract of land, known as Sycamore Farms,
and located south of Highway 6 and the
southern corporate limits.
3. An ordinance amending the Zoning
Ordinence by condltionelly changing the
use regulations of an approximete 422 acre
tract of land located south of Highway 6
and the southern corporate limits from
County RS, Suburban Residential, to RS-B,
Medium Density Slngle.Famlly Residential
(62 acres!; RM.12, Low Density Multi.
Family Residential (10 acres!; RM.20,
Medium Density Multi.famlly Residential
(15 ecres); RFBH, Factory Built Housing
Residential (84 aeres); RR.l, Rural
Resldentiell191 acres) and ID-RM, Interim
Development Multi.Famlly Residential 159
acres).
@ An ordinance amending Zoning Ordinance
Sections 36.5B, Off.Street Parkin9
Requirements; 36-60, Sign Regulations,
and 36-9, RFBH, Factory Built Housing
Residentlel Zone, to ellow eertain
commercial uses as provisional uses In the
RF8H zone, and to replace the incorrect
references to the RMH zone with RFBH,
Copies of the proposed ordinances and
resolution ere on file for public examination In
the office of the City Clerk, Civic Center, lowe
City, Iowa. Persons wishing to make their
views known for Council consideration are
encouraged to appear at the above-mentioned
time and place.
MARIAN K, KARR, CITY CLERK
PClladmlnI2.lcc4.nph
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ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 36 OF
THE CODE OF ORDINANCES OF IOWA CITY,
IOWA, ENTITLED "ZONING," BY AMENDING
SECTION 36.9, ENTITLED "FACTORY BUILT
HOUSING RESIDENTIAL (RFBHI ZONE,"
SECTION 36.58, ENTITLED "OFF.STREET
PARKING REQUIREMENTS," AND SECTION 36.
62, ENTITLED "PERMITIED SIGNS,"
WHEREAS, It may be desirable to allow
limited commercial uses within the,RFBH zone
to serve the residents of the zone; and
WHEREAS, the Planning end Zoning
Commission recommended allowing limited
commercial uses as provisional uses within the
RFBH zone.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. AMENDMENTS,
1. Chapter 36, Article II, entitled "PRINCIPAL
USES AND REQUIREMENTS," Section 36.
g, entitled "Factory Built Housing
ResldentlellRFBH) Zone," of the Code of
Ordinances of the City of Iowa City, Iowa,
be and the same Is hereby amended by
repealing Section 36.9 end adding thereto
a new Section 36.9 to reed as follows:
Sec, 36.9. Factory Built Housing
Residential (RFBH) Zone,
lei Intent. The Factory.Bullt Housing
Residential (RFBH) zone Is designed
to provide for the placement of
manufactured homes, mobile homes
and modular homes within
factory.bullt housing perks, or upon
Individually subdivided lots with e lot
size smeller than thet ellowed In
other zones permitting slngle.famlly
dwellings. The RFBH zone also
provides a location for the placement
of those mobile homes' which are not
classified as manufactured homes
and may not comply with the
building, electrical, plumbing, or
housing codes, and for those
factory. built homes which do not
have e minimum building width of 20
feet. In addition, the zone provides
for the Integration of limited
commerclel end service uses to serve
the residents of the zone.
(bl Pormltted uses.
(1) ,Manufactured homes.
121 Mobile homes.
(31 Modular homes.
Icl Provisional uses,
111 In RFBH zones which are a minimum
of BO acres In size, the fOllowing
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Ordinance No.
Page 2
uses may be permitted. provided
they comply with the requirements
sat forth in See. 36.9Igl:
a. convanience grocerias limited to no
mora than 4.000 squara faet.
b, barber shops and beeuty per/ors
limited to four chairs.
c. laundry and dry cleaning
establishments limited to eoin.
operated machines and plck.up and
delivery services.
d, U,S. Postal stations.
a. video rental stores.
f. restaurants. except drive.in facilities.
limited to 1.000 square feet,
g. enclosed storage fecilities distributed
In clusters throughout the
development. provided that individual
storege compertments shall not
exceed 200 square feet In erea and
there ere no more than .5 storage
compertments per dwelling unit.
h. a common storage yard specifically
designed for the storage of special
vehicles of residents of the zone.
(2) Femily cilre fecillties.
(3) Menufactured homes. Mobile homes
and Modular homes with a maximum
of one (11 roomer provided that one
(11 additional off.stroet parking space
shall be furnished,
(d) Soecial exceotlons.
11) Child care facilities subject to the
requirements of Sec. 36.55.
(2) Filling stations associated with
convenience grocery stores permitted
under Section 36.9(clll). provided
that no part of the filling station shall
be located within 120 feet of a lot
line or e lease line of en existing or
proposed residentiel use.
13) Neighborhood eenters subject to the
requirements of Sec. 36.55.
(4) Public utilities.
(5) Religious Institutions subject to the
requirements of Sec, 36.55.
16) Schools . generalized private
Instruction.
(el Dimensional raoulramants.
11) Minimum lot area: 4.000 sq. ft.
(2) Minimum lot width: 35 ft.
(3) Minimum lot frontage: 20 ft, on a
public streat or an Officially approved
placa.
(4) Minimum yards,:
Front. 20 ft,
Slde.5 ft.
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Ordinance No.
Page 3
Rear - 20 ft. or 30 ft. at RFBH Zone
boundary
15) Maximum building bulk:
Haight - 25 ft.
Building coverage - 40%
Floor araa ratio - None
If) General olOvlsions. All principal and
accessory uses permlttad within this
zone are subject to the requlramants
of Articlas III end IV. the divisions
end sections of which are indicated
as follows:
111 Accessory uses and requirements.
See Article III.
e. Permitted accessory uses and
buildings. See Sec. 36.56.
b. Accessory uees end building
reguletlons. See Sec. 36.57.
c, Off-street parking requirements. See
Sec. 36.5B,
d, Off-street loading requirements. Not
applicable.
e, Sign regulations, See Sec. 36-60.
f, Fance regulations. See Sec, 36.64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See
Division 1,
b. Trae regulations. See Division 2.
c, Performance standards. See Division
3.
d, Non-eonformlties. See Division 4,
IgI Soeclel orovislons.
11) In no instance shall an area zoned
RFBH be less than 10 acres.
12) Menufactured housing parks shall
comply with the provisions of
Chepter 22 of the Code of
Ordinances and the provisions of the
Code of lowe,
131 The following provisions are intended
to help ensure that commerclel and
service uses within an RFBH zone are
compatible in scale and dasign with
a residontlal neighborhood,
Prior to submitting a request for a
building permit or Ins telling storage
facilities. the developer shall
participate In e pre-application
conferenca with the Director of
Planning and Community
Davelopment to discuss the
eppllcation of thase provisions to the
subject property. Prior to Issuance of
a building permit or the Installation of
storage facilities. a slta plan and
elevation drawings demonstrating
compliance with the following
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Ordinanca No.
Page 4
guidalines shell be submittad to the
City for approval by the Director of
Planning and Community
Development. Alternatlva design
solutions may be epproved if it is
demonstratad that tha altarnativa
meets the intent of this section.
Decisions of the Director may ba
appealed to the City Council.
a, A minimum of 25% of the residential
units within the davelopment must
be in place prior to the devalopment
of commercial or service uses within
the development,
b. Commercial and service uses shall
not exceed 5% of the land area of
the RFBH development or five acres,
whichever Is less.
c, The design of the development shall
provide adequate landscaping and
buffer yerds between dwellings end
the uses permlttad in Section 36.
9(c)(1) to screen the uses from view
of adjacent and abutting dwellings.
The use of berms and evergreen
vegetation, walls and fences may be
used to achieve this requirement.
d. The pedestrian orientation of
commercial and service uses shell be
encoureged through site design.
building placement and sidewalk
construction.
2, Chapter 36, Article III. entitled
"ACCESSORY USES AND REQUIRE.
MENTS,' Section 36.58, entitied "Off.
street parking requirements." of the Code
of Ordinances of the City of Iowa City,
Iowa, be end the same Is hereby amended
by repealing subsections {a)(2)g,. (a)(2)h.,
{e)(2)q., end le)(2)s, and adding thereto
new subsections la)(2)g.. (a)(2)h.,
(a)(2)q" and (e)(2)s, to read as follows:
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Ordinance No.
Page 5
g, Grocery stores &
supermarkets
1. Where permitted
except CB.5 and
RFBH
2. CB.5
3. RFBH
h, Laundry & dry cleaning
establishments Icoin
oparatedl
1. Where permittad
except CB.5 and
RFBH
2, CB.5
3. RFBH
q. Restaurants & astab.
Iishments dispensing
food or bevaraga for
consumption on the
premises
1. Whare permitted
except CB.5 and
RFBH
2. CB.5
3, RFBH
s. Retail storas and
shops (other than
Iistad)
1, Where permitted
except CB.5 and
RFBH
2, CB.5
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3. RFBH
One (1) parking spaca for each
180 squara feet of floor area.
None required but where pro-
vided a maximum of one (1)
parking space for aach 500
square feet of floor erea shall be
permitted.
One (1) parking space for each
300 square feet of floor area.
One 11) parking space for each
two (2) laundry and/or dry
cleaning machines.
None required but where pro'
vlded a maximum of one (1)
parking spaca for each 500
square feet of floor area shall be
permitted.
One (1) parking space for each
300 square feet of floor area.
One 11) parking space for each
150 square feet of floor area, or
parking spaces equal In number
to one.third (113) the occupant
load of the saating area,
whichever is less.
None required but where pro.
vided a maximum of one (1)
parking space for each 500
square feet of floor area shall be
permitted.
One (1) parking space for each
300 square feet of floor area,
One (11 parking space for each
200 square feet of reteil floor'
area.
None raqulred but where pro-
vided a maximum of one 11)
parking ,space for each 500
square feet of floor araa shall be
permitted,
One 111 parking space for each
300 square feot of floor aroa. 4 "
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Ordinance No.
Page 6
3. Chapter 36, Article III, Section 36.58 of
the Code of Ordinances of the City of
Iowa City, Iowa, is further amended by
repealing subsection IgJ(2)a. and adding
thereto a new subsection (gJ(2Ia. to read
as follows:
(2) Requirements. In the RR-1, RS.5,
RS.B, RS.12, RNC.12, and RF8H
zones, special vehicle storage shall
comply with the following
requirements:
a, No special vehicle may be stored in a
front yard, exeept on a regularly
constructed aisle for e period of no
more than four 'days for the purpose
of loading and unloading.
4. Chapter 36, Article III, Section 36.62,
entitled "Permitted signs," of the Code of
Ordinances of the City of Iowa City, Iowa,
be ana the same is hereby amended by
adding thereto a new subsection
(cJ(1J(aI6. to read as follows:
6, Non.residential uses in the RFBH
zone shall be permittad signage
in accordance with the
requirements of Sec. 36.
62(cJ(1.1).
5. Chapter 36, Article III, Saction 36.62 of
tha Code of Ordinances of the City of
Iowa City, Iowa, is further amended by
repealing subsection (cJ(llc. and adding
thereto a new subsection (c)(1)c. to read
as follows: '
c, Dimensional requirements.
1. Sinn: Facia (In ID.RS, RR.1, RS.5,
RS-8, RFBH.residential uses only, RS-
12 and RNC.12 zones).
Maximum area: 4 sq. ft.
Maximum heinht: Top of first story.
2. Sinn: Facia (In ID.RM, RM.12,
RM.20, RNC.20, RM.44 and PRM
zonas}. lOrd. #92.3549, 9/15/92)
Maximum area: 12 sq. ft.
Maximum halnht: Top of first story.
3. Sinn: Monument (In ID.RS, RR.1,
RS.5, RS.8, RFBH.resldentlal uses
only, RS.12 and RNC.12 zonasl.
Maximum area: 24 sq. ft., or 12 sq,
ft. per sign face.
Maximum heinht: Five (5) feet.
4. Sinn: Monument (In ID.RM, Rm.12,
Rm.20, RNC.20, RM.44 and PRM
Zonasl. '
Maximum are'a: Forty eight 14BI
square fa at, or twenty four (241
square feat per sign face.
Maximum helnht: Five feet 15'1.
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Ordinance No.
Page 7
5. Slon: Awning lin ID.RM, RM.12,
RM.20, RNC.20, RM.44 and PRM
Zones),
Maximum area: Twenty five percent
125%1 of the surface of the awning
or twelve 1121 square feet,
whichever Is less.
Maximum heioht: Top of first story.
6. Chapter 36, Article III, Section 36.62 of
the Code of Ordinances of the City of
Iowa City, Iowa is further amendad by
adopting a new subsection /clll,ll to
read as follows:
11.1) RFBH zone regulations for non.
residential uses.
a. Permitted signs.
1. Facia signs.
2, Canopy signs.
3. Monument signs.
4. Awning signs.
5, Window signs.
b. Provisionel signs,
1. When two (2) or more uses are
located on a lot, a common
monument sign shall be permitted.
Said sign shall not exceed t~e lessor,
of one (1) square feet per lineal foot
of lot frontege or 20 square feet /10
square feet per sign face).
2, Barber pole signs provided they do
not exceed three 13) feet in length
and nine (9) Inches in diameter.
c, Dimensional requirements.
1. Uses in this zone shall be allowed a
maximum building sign area per sign
wall equel to 15% of the sign wall on
which the sign is to be mounted not
to exceed 20 square faet.
2. Individual slgnage allowances,
a. Slen: Facia.
Maximum Araa: Fifteen percent
115%1 of the sign wall area not to
exceed 20 square feet.
Maximum Heioht: Top of first story.
b. maa: Canopy.
Maximum Area: Eight /BI square
feet.
Maximum Heioht: Top of first story,
c. maa: Awning.
Maximum Area: 25% of the surface
of the awning not to exceed 20
square feet.
Maximum Heieht: Top of first story.
d. Sion: Window. '
Maximum Area: 25% of the area of
the window.
Maximum Heieht: None.
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Ordinance No.
Page B
e, Sian: Monument,
Meximum Area: One (11 square foot
per foot of lot fronrage, not to
exceed a tot~1 of 20 square feet or
10 square feet per sign face.
Mexlmum Helaht: Five 151 feet.
SECTION II. REPEALER. All ordlnences end
perts of ordinences in contilct with the
provisions of this Ordinance ere hereby
repeeled.
SECTION III. SEVERABILITY. If any section,
provision or part of the Ordinance shall be
adjudged to be invelid'or unconstitutional, such
adjudication shall not affect the velidity of the
Ordinance as a whole or any section, provision
or pert thereof not adjudged Invalid or
uneonstitutional.
SECTION IV. EFFECTIVE DATE. This
Ordinence shall be in effect after Its final
passage, approval and publication, as provided
by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Approved by
\f71(l1.1k..'tJ~.. ,~
City Attorney's Office 7- 2 f - 9'1
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City of Iowa City
MEMORANDUM
Date: April 15, 1993
To: Planning & Zoning Commission
From: Robert Mlklo, Associate Planner
Re: Parking and Sign Regulations for Commercial Uses In the RFBH Zone
Staff has drafted the attached proposals for parking requirements and sign regulations for
provisional commercial uses In the Factory Built Housing Residential (RFBH) zone. The attached
excerpt from the parking regulations highlight the proposed requirements (see Exhibit A). The
proposed parking requirements would be approximately 50.60% of the required parking for similar
commercial uses In other zones. Due to the pedestrian oriented nature of most of the proposed
provisional commercial uses In the RFBH zone, staff believes that this reduced parking
requirement Is appropriate. Exhibit A also Includes requirements for special vehicle storage In
the RFBH and RNC-12 zones.
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The proposed sign regulations are attached (Exhibit B). These regulations would limit signs for
commercial uses In the RFBH zone to approximately 20% of the size of similar signs allowed In
the CN-l and CO-l zones. Due to the Intent of Integrating commercial uses Into the residential
character of the RFBH zone, staff believes that these more restrictive sign regulations are
appropriate. This exhibit also Incorporates sign regulations for the new RNC-12 Zone.
Exhibit C contains the previously discussed amendments to the RFBH zone, which wlli aliow
limited commercial and service uses. As highlighted on Exhibit C, staff has clarified the reference
to laundry and dry cleaning establishments to explicitly aliow both coin-operated machines and
pick-up and delivery services.
Staff recommends that Section 36.9, RFBH zone; Section 36-58, Olf-Street Parking Require-
ments; and Section 36.60, Sign Regulations, be amended as shown on Exhibits A.C.
Attachments:
Exhibit A: Proposed parking requirements for commercial uses In the RFBH and RNC-12
Zones
Exhibit B: Proposed sign regulations for commercial uses In the RFBH Zone
Exhibit C: Proposed amendments to RFBH Zone
~~
Monica Moen, Senior Planner
Dept. of Planning & Community Development
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City of Iowa City
MEMORANDUM
Date: February 4, 1993
To: Planning & Zoning Commission
From: Robert Miklo, Associate Planner
Re: Proposed Amendments to the Factory Built Housing Residential Zone (RFBH)
Staff balleves that there may be merit in allowing limited commercial and service uses within
the RFBH zone to serve the residents of the zone. Under the current zoning regulations, this
could ba aecomplished through the use of a Planned Development Housing Overlay Zone
(OPDH). The OPDH provisions allow for the inclusion of commercial uses within larger
developments whieh are generally residential, With an OPDH, the Commission and City
Couneil would review tha commercial aspects of tha development prior to zoning approval.
Applieation for an OPDH is at the developer's discretion.
As an alternativa to OPDH zoning, the RFBH zone could be amended to allow limited
commercial and service usas with administrative review by staff. Staff has prepared a draft
amendment to allow limited commercial devalopment and storage facilities within the RFBH
zone for the Commissioners' consideration. The proposed eommercial uses would be allowed
as provisionel uses, subject to review by tha Planning Department as indicated in the bold
print sections of the attached draft of the RFBH zone.
If the Commission finds that amending the RFBH zone is appropriate, additional amendments
to the sign regulations and parking requirements for commercial uses within the RFBH zone
would need to be prepared.
Attachment
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EXHIBIT A
PROPOSED PARKING REQUIREMENTS FOR COMMERCIAL USES
IN THE RFBH ZONE
g. Grocery stores & 1. Where permitted One (1) parking space for
supermarkats axcept CB.5 ftP.~ each 180 square feat of floor
fffJ:R ' area.
2. CB-5 Nona required but whare pro-
vided a maximum of one (1)
parking spaee for eaeh 500
square feet of floor area shall
be permitted.
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h. Laundry & dry cleaning 1. Where permitted One (1) parking spaee for , If;
establishments (coin except CB.5 i1t4 each two (2) laundry and/or j'
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operated) liB] '" dry cleaning machines. 1'1
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2. CB.5 None required but where pro- Iii r,
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vided a maximum of one (1) I 1,:
parking spaee for each 500 II
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establishments & except CB.5 each 300 square feet of floor
collection stations area.
2. CB-6 None required but where pro-
vided a maximum of one (1)
parking space for each 600
square feet of floor area shall
be permitted.
j. Machinery sales Whare permitted Dna (1) parking space for
each 800 square feet of floor
area.
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2. CB.5 None required but where pro-
vided a maximum of one (1)
parking space for each 500
square feet of floor area shall
be permitted.
0.1, Photographic studios 1. Where parmitted Two (2) parking spaees for
exeept CB.5 each office, studio and re-
ception area, provided that
there shall be no less than I,
five (5) spaces.
2. CB-5 None required but where pro.
vided a maximum of one (1)
parking spaee for eaeh 500 ,
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parking spaee for each 500
square feet of floor area shall
be permitted.
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in or earry-out aach 50 square feet of floor
area, but not less than 5
spaees.
s. Retail stores and 1. Where permitted One (1) parking spaea for
shops (other than except CB-5 III each 200 square feet of retail
listed) mE floor area.
2. CB.5 None required but where pro'
vided a maximum of one (1)
parking space for each 500
square feet of floor area shall
be permitted.
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SPECIAL VEHICLE PARKING REQUIREMENTS
(21 Requirements. In the RR-1, RS.5, RS-S, RS.12, a~nl~maR zones,
speciel vehiele storage shall comply with the following requirements:
a. No speeial vehlcla may be stored in a front yard, exeept on a regularly
constructed aisle for a period of no more than four days for the purpose
of loading and unloading.
b. A spacial vehicle may be stored inside any building provided it Is not
stored In a required parking space.
c. A spacial vehiela stored outside a bUilding shall:
,
1. Belong to the owner or tenant of the property on which the ' ,
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conseeutive days or 45 days In any ealendar year (an axtension 'I j..
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4. Not be used for storage of items other than those conslderad to I f!
be part of the unit; and I I
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5. Not be parked or stored upon a vacant resldentlallot.
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EXHIBIT B
PROPOSED SIGN REGULATIONS FOR COMMERCIAL USES
IN THE RFBH ZONE
Sec. 36.62(c)(I.I)
(e)
Siens oermitted bv zone.
(1) 10, Rend OPDH zone regulations.
a. Permitted signs.
1. Principal uses other than single family dwellings and duplexes
shall be permitted one identification facia, awning or monumant
sign. (Ord.91.3511,11-12.91)
2. Non.residential uses in the ID.ORP zone, other than ORP uses,
and in the ID.RDP zone, other than RDP uses, shall be required
to comply with the sign regulations of the CO.l and CN.I zones.
3. Residential uses in the OPDH zone shall be permitted sign age in
accordance with the requirements of the underlying zone, Com-
mercial usas approved as part of a planned development shall
comply with the signage requirements of the CO. 1 and CN.I
zones.
4. ORP uses in an ID.ORP zone shall be permitted signage in
accordance with the requirements of the ORP zone.
5. RDP uses in an ID.RDP zone shall be permitted signage in
aecordanee with the requirements of the RDP zone.
b. Provisional signs.
1. Home occupations allowed in aecordanca with Section
36.56(b)(4) shall be permitted one (1) non-illuminated facia sign
not to exeeed one (I) square foot.
c. Dimensional requirements.
1. ~~F~ia (in ID-~: ~.~..~,.R~llS.B, RMH!1t!ltlm[w.mjij!
W!!!lllllYl RS-12tilllltaN~J,t~J.zOOOs.).
Maximum Area: 4 sq. ft.
Maximum Heleht: Top of first story.
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zones). (Ord. #92.3549, 9/15/92)
Maximum Area: 12 sq. ft.
Maximum Heiaht: Top of first story.
3. .sJgn: Monument (in ID.RS, RR-1, RS-5,RS.8, RMHBm
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Maximum Area: 24 sq. ft., or 12 sq. ft. per sign faee.
Maximum Heiaht: Five (5) feet.
(1.1) RFBH zone regulations for tw.!!!$,taI uses.
a.
Permitted signs.
1. Facia signs.
2. Canopy signs.
3. Monument signs.
4. Awning signs.
5. Window signs.
b. Provisional signs.
1. When two (2) or more uses are loeated on a lot, a eommon
monument sign shall be permitted. Said sign shall not exceed
the lessor of one (1) square feet per lineal foot of lot frontage or
20 square feet (10 square feet per sign face).
2. Barber pole signs provided they do not exeeed three (3) feet In
length and nine (9) inches in diameter.
c. Dimensional requirements.
1. Uses in this zone shall be allowed a maximum building sign area
per sign wall equal to 15% of the sign wall on which the sign is
to be mounted not to exceed 20 square feet.
2. Individual sign age allowances.
I
a. .sJgn: Facia.
Maximum Area: Fifteen percent (15%) of the sign wall
area not to exceed 20 square feet.
Maximum Heioht: Top of first story.
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b. .siJm: Canopy.
Maximum Araa: Eight (8) square feet.
Maximum Heiaht: Top of first story.
c.
.siJm: Awning.
Maximum Area: 25% of the surfaee of the awning not to
exceed 20 square feet.
Maximum Heiaht: Top of first story.
,
d. .siJm: Window.
Maximum Area: 25% of tha area of the window.
Maximum Heiaht: None.
e. .siJm: Monument.
Maximum Area: Dna (1) square foot per foot of lot
frontage, not to exeeed a total of 20 square feet or 10
square feet per sign faee.
Maximum Heiaht: Five (5) feet.
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EXHIBIT C
Sec. 36-9. Factory Built Housing Residential IRFBH) Zone.
(a) lnWl1. The Factory-Built Housing Residential (RFBH) zone is designed to
provide for the placement of manufactured homes, mobile homes and modular
homes within factory-built housing parks, or upon Individually subdivided lots
with a lot size smaller than that allowed In other zones permitting single-family
dwellings. The RFBH zone also provides a location for the placement of those
mobile homes which are not classified as manufactured homes and may not
comply with the building, electrical, plumbing, or housing codes, and for those
factory-built homes which do not have a minimum building width of 20 feet.
The zone also provides for the Integration of limited commercial and service
uses to serve the residents of the zone.
(bl Permitted uses.
(1) Manufactured homes.
(2) Mobile homes.
131 Modular homes.
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(cl Provisional uses.
(1) In RFBH zones, which are a minimum of 80 acres in size, the following
uses may be permitted, provided they are In compliance with Sec.
36.9(g): convenience groceries limited to no more than 4,000 square
feet; barber shops and beauty parlors limited to four chairs; laundry and
dry cleaning establishments Uill!mi{~t~91Ql"dbmJ~M"~m pick-
up and delivery services; U.S. Postal stations; video rental stores;
restaurants, except drive-In facIlIties, limited to 1,000 square feet;
enclosed storage facIlIties distributed In clusters throughout the
development, provided that Individual storage compartments shall not
exceed 200 square feet In area and there are no more than .5 storaga
compartments per dwelling unit; and a common storage yard specifically
designed for the storage of special vehicles of residents of the zone.
(2) Family care facIlIties provided they shall not be located within
one-quarter (~) mile of each other.
(3) Manufactured homes, Mobile homes and Modular homes with a
maximum of one (11 roomer provided that one (11 additional off-street
parking space shall be furnished.
Idl Soeclal exceotlons.
(11 Child care facilities subject to the requirements of Sec. 36-55.
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(2) Filling stations associated with convenience grocery stores, If permitted
per Section 36-9(c)(1), provided that no part of the filling station shall be
located within 120 feet of a lot line or a lease line of an existing or
proposed residential use.
/3) Neighborhood centers subject to the requirements of Sec. 36-55.
(4) Public utilities.
(5) Religious Institutions subject to the requirements of Sec. 36-55.
161 Schools. generalized private Instruction.
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Rear - 20 ft. or 30 ft. at RFBH Zone boundary I 'I
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(fl Generalorovlslans. All principal and accessory uses permitted within this zone
are subject to the requirements of Articles III and IV, the divisions and sections
of which are Indicated as follows:
(1) Accessory uses and requirements. See Article III.
a. Permitted accessory uses and buildings. See Sec. 36-56.
b. Accessory uses and building regulations. See Sec. 36-57.
c. Off-street parking requirements. See Sec. 36-58.
d. Off-street loading requirements. Not applicable.
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e. Sign regulations. See Sec. 36-60.
f. Fence regulations. See Sec. 36-64.
(2) General provisions. See Article IV.
a. Dimensional requirements. See Division 1.
b. Tree regulations. See Division 2.
c. Performance standards. See Division 3.
d. Non-conformities. See Division 4.
(g) Soeclal orovlslons.
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(1) In no Instance shall an area zoned RFBH be less than 10 acres.
(21 Manufactured housing parks shall comply with the provisions of Chapter
22 of the Code of Ordinances and the provisions of the Code of Iowa.
(3) The following provisions are Intended to help ensure that commercial and
service uses within an RFBH zone are compatible In scale and design
with a residential neighborhood.
Prior to submitting a request for a building permit or Installing storage
facilities, the developer shall have a pre-application conference with the
Director of Planning and Community Development to discuss the
application of these provisions to the subject property. Prior to Issuance
of a building permit or the Installation of storage facilities, a site plan and
elevation drawings demonstrating compliance with the following
guidelines shall be submitted to the City for approval by the Director of
Planning and Community Development. Alternative design solutions may
be approved If It Is demonstrated that the alternative meets the Intent of
this section. Decisions of the Director may be appealed to the City
Council.
a. A minimum of 25% of the residential units within the develop-
ment must be In place prior to the development of commercial or
service uses within the development.
b. Commercial and service uses shall not exceed 5% of the land area
of the RFBH development or five acres, whichever Is less.
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c. The design of the development shall provide adequate landscaping
and buffer yards between dwellings end the uses permitted In
Section 36.9(c)( 1) to screen the uses from view of adjacent and
abutting dwellings. The use of berms and evergreen vegetation,
walls and fences may be used to achieve this requirement.
d. The pedestrian orIentatIon of commercIal and service uses shall be
encouraged through site design, building placement and sidewalk
construction.
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. . . NOTICE OF PUBLIC MEETING' . .
TO DISCUSS
A PROPOSED ORDINANCE
REGULATING PRIVATE
APPLICATION OF PESTICIDES
TUESDAY, FEBRUARY 1, 1994
6:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON STREET
IOWA CITY, IOWA
The pUblic Is hereby notified of a public
discussion of an Ordinance entitled:
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ORDINANCE AMENDING CHAPTER
34, ENTITLED "VEGETATION," CODE
OF ORDINANCES OF THE CITY OF
IOWA CITY, IOWA, BY ADDING A
NEW ARTICLE IV, DIVISION II
ENTITLED "PRIVATE PESTICIDE
APPLICATION," WHICH ARTICLE
SHALL PROVIDE FOR REGULATING
PRIVATE APPLICATION OF
PESTICIDES AND PROVIDE FOR THE
ENFORCEMENT THEREOF.
This proposed Ordlnence is designed to
regulate the private application of pesticides
within Iowa City. A copy of the proposed
Ordinance is available In the City Clerk's Office
at the Civic Center, 410 East Washington
Street, Iowa City, Iowa.
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CITY OF IOWA CITY
I * * * NOTICE OF PUBLIC MEETING * * *
I TO DISCUSS
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I A PROPOSED ORDINANCE
REGULATING PRIVATE
APPLICATION OF PESTICIDES
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TUESDAY, FEBRUARY 1, 1994
6:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON STREET
IOWA CITY, IOWA
The public is hereby notified of a public discussion of an Ordinance entitled:
ORDINANCE AMENDING CHAPTER 34, ENTITLED "VEGETATION,"
CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY
ADDING A NEW ARTICLE IV, DIVISION II ENTITLED "PRIVATE
PESTICIDE APPLICATION," WHICH ARTICLE SHALL PROVIDE FOR
REGULATING PRIVATE APPLICATION OF PESTICIDES AND
PROVIDE FOR THE ENFORCEMENT THEREOF.
This proposed Ordinance is designed to regulate the private application of
pesticides within Iowa City. A copy of the proposed Ordinance is available in
the City Clerk's Office at the Civic Center, 410 East Washington Street, Iowa
City, Iowa.
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City of Iowa City
MEMORANDUM
Date:
January 28, 1994
To:
The Honorable Mayor Susan M, Horowitz and Members of the City Council
From:
Linda Newman Gentry, City Attorney
Re:
Revised "Private Applicato~' Pesticide Ordinance; Examples of what products are
not covered
CHANGES
In light of recent "legislative jockeying" at the state level, I have chosen to borrow from the
federal pesticide law because we know that eitles are not preempted from local regulation
by federal law, as decided by the United States Supreme Court in June 1991, When asked if
federal pesticide law preempted the tiny town of Casey, Wisconsin local laws, the Court stated
very clearly:
"Applying these principles [of congressional pre-emption law], we conclude that
FIFRA does not pre-empt the town's ordinance either explicitly, implicitly, or by
virtue of an actual conflict."
Wisconsin Public Intervenor v, Mortier. 111 S,Ct. 2476, 2482 (1991),
For this reason, I have redrafted the "private applicato~' ordinance to conform with federal
definitions in the Federal Insecticide, Fungicide, and Rodenticide Act, or "FIFRA," I highlight
the changes as follows:
1, The federal definition of "pesticide" includes references to "pest," "defoliant" and
"desiccant," so these terms are now included in the definitional section,
2, Since the City wants citizens to be able to comply with this ordinance, as with any other
ordinance, the sections on "notification sign" requirements now requires the City to provide the
signs, at a fee to be established by Resolution, see Section 34-79, paragraph a, The questions
of which department or at what price the signs should be provided can be worked out at the
staff/administrative level, and do not have to be decided here or included in this ordinance.
3, Also for ease of compliance, I have included the logo which the City Council agreed on
some time ago - since the ordinary citizen would have no idea what the state had previously
approved" The sign requirements are otherwise the same as the commercial applicator
ordinance,
4, Because of the extensive state regulation of golf courses, public rights.of-way, parks,
playgrounds and athletic fields, I have explicitly taken these properties out of this "private
appllcato~' ordinance, in order to avoid even a scintilla of "wandering into state regulatory
waters,"
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5, Because some of the speakers at the City Council meeting two weeks ago were
misstating the law, I want to point out that our definition of "private applicator" is not anywhere
close to the state's definition of "certified private applicato~' - which deals only with farm
chemical applications, In other words, our definition of "private applicato~' is not in confiict with
state law because private homeowners are not covered under Chapter 206, Code of Iowa
(1993),
6. By way of separate memo, I have concluded, by way of a legal opinion, that the City is
not preempted from enacting the "private applicato~' ordinance, even in light of the latest state
legislation passed January 19, 1994, In sum, state law under Chapter 206 dealing with
pesticides deals only with commercial applicators, or applicators who are required to be
certified or lIeensed because of the amount or type of pesticide use, such as golf
eourses, playgrounds, parks, athletic fields or public rights-of-way.
EXPLANATION OF TERMS FOR LAY PERSONS
, ,
As presented to you in a January 1992 memo, I want to reiterate what products are not covered
by this "private applicato~' ordinance.
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Spraying a single dandelion with a squirt of dandelion killer is not covered by this ordinance.
However, the use of a product such as ''Weed and Feed" Is ineluded In this "private
applicator" ordlnanee if applied by the ordinary means of a spreader or some other
casting mechanism.
However, typical yard or garden organic nutrients are not "pesticides" under this law. This
means this "private applleator" ordinance does not Inelude compost, peat, com posted
manure, bone meal, blood meal, ash, epsom salts, top soli, B-12 growth stimulator and
nitrogen. In other words, the ordinary gardener's supplements used routinely in their
gardening are not within the scope of this "private applicato~' ordinance.
In plainer terms, chemicals which are encouraged to increase the growth of the plant, such as
dandelions, in order to assure they will grow and soon die, are within the scope of this
"private applicator" ordinance. Applications of fertilizers such as Miracle Grow which are
nutritional chemicals are not included within this ordinance, see definition of "plant regulator,"
~~~~~~~~~~~~~~~~~~~~
I will be available at the City Council meetings Monday and Tuesday, January 31 and
February 1, 1994 for questions, as needed, In the meantime, please do not hesitate to contact
me at 356-5030,
cc: Marion Karr, City Clerk
Steve Atkins, City Manager
Dale Helling, Assistant City Manager
Terry Trueblood, Parks & Recreation Director
Doug Boothroy, Housing & Inspection Services Director
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