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HomeMy WebLinkAbout1994-02-01 Public hearing ",' I I '.'J , ""If'"'. - ~"o l i f ~ ! , I I" '" " ----------------- ".~-;: -~.... ~ .,~.',..... -- ------ ~--..--- ...- - - ~l~ ~ - - ... ~.... f ., ' - . I,'" ,1/ ':1-" ",-t' ,IH- : '.," :,' , '.. j . , , ., , . ~ . :\ . ."~' .." ., _ t...... I. , / / I." ,.' 1 ,I. " -'. ------- -- 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 IlpdatlmJn\2.1cc4,nllh ,...,.,._".....-.'...'..H'......... ~S'? \... ~, i ~ II Ii Iii il: I " I, 1 \i Ii :1 ' \1 I: j 11 1:1 i f: ,- ';1, I f' I :' 1 I " j ~ I I I ,II , , , , :I , I I i, I, .' , " .. t . , ' , : , ,,/ f ,:/-, ,:' I'" , f71 , " :'. , " ": ~ '.; ~ " I ~~, ~t~. " I .', '., '" I I I I i , . ~ ' " .., / / f/'\ , J .'( ---- 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 ~S1 " " , :\ , , , , ;:1 i' II I I I' ii, 'r " ,I I, I, ;; " " lil\' I:: 'ii 'i \1 I( '111 I I I,,: I! :I , , , ) , , " L ~ * ~ e I ~ I Ii f; , I l I' L \ ~-.... ., f . . _ ," ., .I': 'I ,/-, ,/1 "~, I '~ ,."", ' :. .' 'I M '.\, '3, 'I.P, , .; . ..' ',' " "".r'-,'-' .., ,....., .."'~_.. / // ,. '\ ,/ 'J -', ,',' .- - ..... ~------ -', 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 ~S1 I I I , ! : J . I , , i i i , ' I H I I ' ~ 1:1 i , ili I II I i I. " I I il ): 1 '! " i " - 1 " " I ')\"7 " I !:\. '.. I f. \ !:; l I'; I ,: I ,i I 'I I ::- ," ;1 , \ , \ -, "llr , i I ), "lfII/f'''' - - '" _ ,. wo.r.,--- . . , . , ' , : ' . ,'/ I ' ,,:-r ." I ,;~r. '. ' >,: ' l _.', _ '.., ,~.t.. _-= _ I. . ,~ .' I , I I II , , . I I 1 I I~ I: I" t , ( ... ..",....... ":;':'.:/-,:;";; l :.; ;,~'""....~~_.. .:---<1. / /, ~\ " }, -', .t .....------.-. 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 ? .DJ~ 1-.)7-'1,/ ppdtdmln\WalnI5.9.Ofd _.,~.. ''''', ~~, ~---'- .-- .I 1 I I I I ! i I I: ~ , ~ Ii II II 1 I:! Ii i- 'It' , d. ~ If" I' t! I' ..,':1 i I~ . , I I , , I /, '} i i " " .""".". - i : I I ....._-,-~,--...-_.,,_..._... "'------....-:. -~... ~ ;.'.........- .... ...-- -- : , "',"" -, :-/", '-t :~, ','", ,,', '/ '/ "-, I' ,',"- :4.." " .', "~ .,~.",~:J~, ", : .~. _"~. '.", : ," , , / ( , " \ :" 1 "-. '-- ----..---. '~-. , . 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 " 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 ~5?\ --'-" --- , j I ( I :' I;! i I, Iii '! Il. I: Ii " j :\ "r 'i " " I " , " . I' 'i , 1;'. , I !: I j.j , I , 'I . I ,1'/ , , I ; , I i ~( I I I If' I .1.. , I " it , ' ""IIf'''. - " I .....-..................~,.,..,..... - \: ' \ ' " ~ . . . - ~'--....-, .......... ~ ;'........ --- - ---------.......r. ..._ _ _ ~~.. ~ p-.. \ . ". - i' "I >-,' -, '/ t " ' .. "'.. I _ . ':/ "J . <:.:. .~ &;..;. '. ,~ ,- ..- L: ''., '" _ '" ' '.....::. ' , . ",.~r ._ ..' , '. , .. / / /' \., {, -- ------...--- 2 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. ,> 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. ppdBdmlnlwBlnut,sr ~S? '- L ----.. --- j , 1 i I :.'1 i lij ,I i ~ l i I Ii II > I 1 I, '1, I I d l' Ii: " - j I' " ')j . , j H I " !; l i i: I i Ji i I I "'lij " i J , , I Iii ,[ t' ! h , ' , !i , I :'1 ,1,j I '. " / \'.1 ,; ....,. - ! - ""----.... -;;-- - ~-- "',", - . "', .,' ;' I " ,- _ 1_ ,-' ",,-', , "" " " I 'I' "/~' , . . I ,.I '- I'" . .. I I -. " '. , , ' , . " . ' ~ , -. -., ' , ' - / //\ " 1" '- .t '''-'' -'-. :.,:_::.:::,::,-----......... '''. City of Iowa City . MEMORANDUM , I .-...._..~..-........_.- 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. '_...~.~"'-.,....~ , ~S7 -.-..-- - , i I I 1 I I ! I I I I I , ,.; i I , I,; I', I Ii il " I! 'I ' - , , ~ I '~ .. 1,'"., I I 1 I I I , ! ' I I I ~I" ,"', 'I ! ., I.. ','i I I , f; , , l\i " ~,' . ,. , . , ;..',',1,/, ~f' 1'1'," '.'~, ", . ~ \ :, ~ . '.' -"~., . " '" / /~ ',' ; ", '-.--' - ~--.- ". , , " 1 i i I 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. ~S"? ,'" y,~., I 1',-, -~--- '; " i , t I, , ! , i , , " , " I', 'I . J II I Ii I II' I:' i !, Ii; ", I\l: i'; i ,( ;,1 i ,"'.1',:1., 'i '1'1.',' 'I,'." , II' : " ~ .-1 t: " J'I.', \ ,<'.'!;'" l' I. " , , ~ . ' : I , , ") , , \" - ~ i' ." . . . . (' ,:...., -:-/' -t.. " .. ,-.': ,:' , ' '.. " ,'"' 'I" ," I ''- :I v' .', ' ~. .\ ... _ ", ~..' "1' - " / /~) , , -" " , -'-'-'--'. 2 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 ~s, ""':,;; , I , I , I ! j' i , i ,;r " Ii ~ i I; " " " I I i F I~ :i I: Ii. " I II I 1 f, I} f' 'I' " ,i 'I. ' I I' I " 'I . i, Ii i ], "''''''''- ""'Iff' ". '\.; ~--~~, ,,-- ~ ..-'........ ~ .",.."'-.......-------,.,~- ... --- , . . . . , I, ' ''''":1 -, l'+t-' ,,:,'..," '," , '/1-- ,./ ' ,(... '. ", ',' '>":' >.'.. .":, .' ,........;..' . ~_: " \:,J I :". L'- -: l / '1 ,L , 3 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. I I 1 i ! I i 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 ~$'1 "., '- -- ~ : I , , , i, !: I, " I II: , I'i ! ! ii \i I" I" :: iI, I" Ii I:. . It " Ii -I . " :': I " f: ! I I( , I , , "I , ! I I II I : I I II ~ " I ...".,. - I I ~ ~ I \ - '1 -. ~-- ~ ~-' ...... - , .' '.',' ',,'/ :;, 'Sf' ,~-',,' ,:,":' '"... ,. ., . t " . . :" I .~: ~ ". '. . --" ~l , ... '. " '.: ' / / '1 .;, 4 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 '~S7 .--....-.- , i i i l.j I, I Iii I I I I, , Iii ii, , I\' I' I,', Ii I, 'i " ; i !;' , I' , Ii r; , I Ii 1.1 II " I I 'i II I i II I I II " .f , " iI 11I.' '" i , " ...... ---....-, ---.., ~........... flit? ......, --- - -- ""'QIlIJ""'-.. - -.......--...,~ ... ....--........ ... -~.~-....-; \ . ., . . " " "-:/'1 '',:-, ,'-'1.J ,/,-r ~':"'" ' , .... ". .'.' ".r' v . " , : I." M \' '..' ,..... , . . / / ':-'1 , , '\' ....--. ~~--. ---'"'' .--- 5 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. I I 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. 'Mlu~ Approved by. lubOO23.rm ari Franklin, Director De rtment of Planning and Community Development ~S"? ." ~_,. .".,...__h'__" ."........... - I ii I,' , I, II " I, I! 'I " I' Ij; .1 I' L I'i , Ii II " - 'i' ,I :,1 i; ~ II !: I II I I \'/' , If :' l ,I. I! I i~ I: :i I i '(: "'I . . , I,' /, ',,'/ ,;,' ,FI, ...~,!, ',"::J :;, ,:" .:-- I < ~. 'l~", \' 7J': ~J ',~ . '.' . . / / , ", I \, - '._-. LOCATION MAP WALNUT RIDGE PARTS 5-9 u ~, \ ... " "" \ !. PART 8 PART 7 PART 9 ID-RS ' PART 8 " UUIlITUM ~S'7\ '--"'"'',:-,'-''' .,-~~--.~--,.- ---..... ...- , , 1 ) I' i; I I - 'i !' ll' I) It, I; )': " r~ I j j , j 1, i , " J I .! I, , ' , I " :, ii .' I . ,.,' '. '. " . . : ' I' I:' '~/" I I' ,-;:'1, ',",', , . " , t_, ,_1 ' , " ,,' , " , ' . I ~ .., \ , : . " ':. ~. ". " ,'~ ", -~ . " ',. .'.: / / /"j ... ',' . '-.- ~- -, , i I i; i; " i' II I E , II ! I ti i , 1\: < I I I . I I ri . ~ I ,.i I ~ ' ! :,1 ~ i; I ~ i I: . ex: '[ 1'1 I ~ .D I I :2 1'1 ill ; I I J I' I' 'I , " " E ti < . ri . ~ ~I ~i. ~IIII ii~ ,...JIll · < ," .) j ::,,jl '{of, ~ , , I I , , , i , I ~S? d ,. .,. . ,.' "'. . .~ ., :;, . .' .:..' .:.,. .'" "",,' . .... . ., , , .. -- ""'If'". - - ~ ~- '1--- , :', : ,'" . I \ .. / " r . ..... .....-.. , , --.-- i ._~ Imffi I ;:~r I -~ I Illm~!mm.l.. :J.U..lUll W.KoMMWMWI ,- I !~!!l!1 i 11:1'''''' I """" lm!llill.~! Ci\M\l\lllll 1!~~Hiii!i ;tt::::r" I u. . ", I. I, (J) ~I ! .J:l . 1 Q() , ::J \ ~ , l'lO , I i! ~( "J-. r ~.J:l , Il...., i ~ :Il ;, ~lO~ ~ 000.2 ;'i oll..., ;'j .. J-... ! "ctS.O'1 li ii:p.,U , ~ .~ k "Q)O i ~blr ''0 , ..... 'iiP:: ~ ~I Il...., ~ g ! .-. ro 1 Ii! : , " ~S7 ~~-"-" H_ , J , ,I i I . ! I i i I I I . , , . : ; I 'I <:t : ': '.',' ~ : ':', ': ' " : . ' , -.. t_" ,:." D ", '" I "I, : , ' '_.. , J , . , ; ) , , il'; Ii : 11 'I,') "iil, I' " Iii - Ii : Ii " ,j 1;' I. I' \'1.; '. I:J' I ' I I Ii II 11 , 'J ...',..' 'I I ", " '< . , ! ' \ ' \>;. ~,. -- --.., ----..." ~-- ~ -, 't.' ......... - --- ~. ........-..--------,~ ... t j ) t (1 I . " I I I I I .. _9 ... -.. I~-'-- (. ':/'/ ',";"1, u,'.LJ " ,'." ',' _: ~ I 'I'.. '. -. ,f. " ''t'~. ' , ' "" . I / 1/,\ I' l . "~ "(' " --.., - --:::_----. ~, ......-..-..-.......-...-.-. '--". 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 ppdlOO1ln\2.1ccl,nph b-o.,.,:" ",,,, ,. (0 ~cJ--115(q~ ~'~ I 1 1 i J 'j ,'I , II , I I! II Ii U il Ii ii. .' II: ,I I i I I I I .!: I " \ j i': ~~ I" ,.!-' .. " , 1 ,I ,:f ;'J ,; ;') " :i il '~ !l ~ J , 'I I I 'j',,", , , 'I" I 'I' " I Ii ~ '; . ! . \', L ,',.' I , II! " ~"..... .~ '1 0~' I K i I -- ....-- ~ , ' , . " ',: :j,/ ,-:/ ' LI C,:' , '''.''" :':. ~" I \ .. . . '. .', .,7', . ',l.~ .'.", " / ./ i,. \ ] r -.--. 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 ppdldmIn12.!ec4,lIph --..... ..--: .~ ~/i6/~~; , I , , i ,I I' ill ! , I II I, " 'I I' I, J. ,I 'I' , /,' ,I \i 11 " I I:' . \ , " " 1 io' il I' [, I ( 1 .: ". I " ,1 I 'I I I II , II i .j, :j , J ~! , I :~ ; I, .1 " , ,j I j , j I I; I: I , ~S1 il -, . '.: . ""., '.":1/' .-:/, u I~" .:. . '; '. 'I '. _ . '.71' ..:..~I, "~,. '. , / /' ,,/ '! ( --'-. ....-.----...- 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 ii' , ;: ~Sl" , i,! " I , I' , , , I;; ." " ! II II ,I . Ii I i! f II - L ,! l .~, '.j" t. ,. ;" .1 i I' I i i f;' Ii 1.1'1 ", l I. ., ,I . II ,'; I': i I ' : " "I" '. / ! i , , , i I : , \: '1 ' , ; ).. " ~ \ . ", .'. , , .'-\. . oj, ',;; !\ , 'I " f ., '/' . '< , , " \,.j \'.i' I' 'I!..... \ , : ' '/ -/" t'I'" -t ',< ", . 1 ..'.'! ,~ ' " . " . ""'.1 ,.I, . " .:'" I ~, _' ..' 'j. " ..~- . ";1 . p' . /:. ~ .: ......':~ I~ '>"--- .~' ...~-=--~:::.::::_.--- , ~~ ~ -.-.- .- Resolution No. Page 2 Passed and approved this day of ,1994. MAYOR Approved by ATTEST: CITY CLERK ppdodmlnllycamore.rel J671 .-.......,....~...........---_.- _..._......,.,.~~...._'c..,.I; ;.,'.,.."."'...,.'...... ,,',.- ., ,,"',-,~_."'"-''' j I ~i :~ I I I I i i , " \:1 ! II ~ I, Ii 'j, IF, ~ I , q.--. 'j \: !, ')'\: i' ..I I r' I n 11'll - - ~< 1: , I J II': ti.~ - -; I " I ! 't.. , ," " I I, " '(\,1 " ""IIr". - - I "1-----'" ~-- ~ -'... ...- ~'-'- .. - -..-. ....---- ~It?!' - ... -- ;, , : / ,,:-:/' t '1 : , '/~- , ' I, ":'. '. "', : ,,_ ',' ,I ./. _ " ' ~ \ .' ., , ','.!' '. " : . I " ~. " .' -., ' __ I ' / /], ~~>: .~l~__ .......-.---- 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, -"'-"--"'''-,-,-:. ..,.......,..... .,...... . .............. " 'Ll1 ... --.' \ ~$") - , ':i , " , 1 I I I I I I , I I I , ! , I j ,; I If I :1 I II II: :\11 .n 'Ii': i1', f! I;' Ii 1; :1 I " Ii ,;[ .' I I I I ~) I, "., I , l, 'I" iI , " , ' . ;", I i .'j , , Ii , ' ___0__ -, I '.", , . , .' ' :":1 I : . ,;-/.. L/' . ,0 ,', ....' ' , . ::' , ~ I. I ' .~.' ~ .'",' , ':,' . ~!' 't '. '. '. ' . . " / ;, \1 I, -, , . '-, '-"- 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. I I .__.....~..~_.~....~~ .. ."......n'."._... ....... . ~S1 . I , I ; , I., I: ~ I , I: Iii I. 1'1 '. " lI, " I' II' ,I , , " ., I: " , " . Ii " ;-: ;j Ii , I.: il \: .. I II I I' Ii , : I , ,I " 'I , f , : i' ( , .j , . \. Jr. - - '1 --:.--~... .1. .. ; i i.! I . I ;:' ~ I' Iii II I.i iI, III '. .1 , i' " " i '! j I' i:~ .! 1": f' I: .J Ii r j I I I , i '"j , ~ Ii . ~ i " i J. i ~ . .~ i i I' !. I Ii " ~$"' " . . " " " . . . " , :1 I' ,.-:/, t ' /;t' :. , . ',' , ,', ' " ' .,..,... , . . ' ; '1'\ _', ~...... ' ' J' I \1 I, 2 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, , I ! I I 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, bc4-3 ..l I ! I," ,,'I I ,',I' ," . "I, I , ) , \' , .' " , 1 .' " ' ,'. , 'I ":""1 -1- "t' ,'.', , " ,:1, .I , ." U' .' .'. " : ,I I '.. '" ' . ' ,~!. 'r - ." ": . .. '~ ... I i i I ...--------.--. / I>. ;, 1 ..... 4,. -'. .~ ",---:::",::-- ----...... SYCAMORE FARMS COMPANY PROPOSED ZONING '"poud "U-20 lOll. 15.000:t:Acru N A PropoudJrBHlOll. lUll t ~Cf" Propottd RS~II IOn. 11.'13 i Acru ! ~ !'roP,"d 1111 IOn. 11.401 t. MAl P"poUd RW-12 un. IO.2S0iAml Proponll lllIlOnl 130.001:t ,tern Propoud 10-'1,1 lon, 5t.:lsti Acn. - . -"~",' ~~", " Ji --.- .- II II ,i U ii' III I I ' I[ l Ii .j- ;1 \ [1- I " '1\ :1. II I I i'! I,: 'I! I' " ,,:i ::/':.- . 'I' , , 1';- ii, ! , .: .....} !: , , i \,! ........ ...... ~ "'1~-: --~---1l:..JIIL -,_ --- - ......... ---- - ~ r - "I' . ....... (' '\ - ,0 _ ,',_ 0_' '" ' , ,: ',:1 I "I' ' ,t" I''-~ ' ,',';' , ';. . , ~... I 10 ,,,' ~ :' '., " ,~~", ~~ . ' , ' ' ',' / ,,'> \ I '., ._--~---. , ~. >; · ~ (:, 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. i I I 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, ~" ~ 1 j I ' I ! I I I I I i I I ' I I I I , i I i; I Ii J, Iii 1'1 III, II " , I I ! 'i ii' 'I' '; :! . i \ ~ !" I 'I Ii 'I " 1'; I; " i l:t I I " II II f :1 -........ --....------- ~ -- ... - .--- ""11II( r .... ~ ;'....... I " t: , ,,~ " " it ! -- --.-'" .........--~--- -r"'-----, .... ~......- ~... ..........,-----. ----- \~ - . . -~ ~---- - -,. I '" '" " , ., ',- , , . I -I" S:r"~-' '" - ',', ': . .1.1 - . ", . , , , '. r ",', . 'J I. I. ':...' . ." " _.:.. (,-.' , ," '.".. '1 Mayor Horowitz, Iowa City City Council 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 ~,., - jj , , ; i \ i) Ii 'i I.. ;\ i' I' I; I 1\ II I, " I, II !: , I" " , I II: " i I 'I I , I J i I I II I ,I I , I I I , :{ , '>"~.......,....... . " ' i' ,,' ~ '-, I ,', ",", 'II II L Ll, ,'" ~\", :,".' ',~, ::3 '\!Dr I,' ,,'" '.',> "I I , Mayor Horowitz, Iowa City City Council 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, ~$' --- - 1 ; I,' I I, III Ii i: ii ! ~ ~ " :! I' 1:' Ii I, , i: III 1,; I' II I; '. I I' , ! : i j i , I II I I I I I I , I , . . " I" ........" - I I , I f ~ 1 1 ~ , , " h ~: I ~ Yo I' ! I I ! f i I - ~-~-: ~....-~.. '.....------"""'QIII" , , (',' ..,' -I', S", /- ,,' ,'~'," ',', , .I I .1 ' " &.,,: ' " ' . " , : I I' " M"" t',' _ . _. L " "'~;rJ , ~. ' .' " . . .' , / ., '1 , ~I ' Mayor Horowitz, Iowa City City Council 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, j2..;J~ /L It{~ .It: 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 ~s, - , ' ! I , , , I !. ~ " I' I' ,Ii II I~ , " " il 'I 'i I" .. 1\' " '11 I,: :1 Ir 'I I,: '[ II I,i '. i , "I , J I I I I I II 1 I :11 I , ; I i I I , , i I i I , , I , , ,\ " , --- i ,I I I, .'1' i " ' ,,' \j ""'If'''' - ----..--- ~ --.--..,. -., .. --- ..-..T.."....-.-. 3) 4) 6) 6) 7) 8) 9) 10) , I I I I , , ------~--I 1IIIt........" - - -- ~..- ...--- --._.,~.... " '. " (', "I. -/ '1-::-, 'f' " '"..:',;" ..':' .1 '""']'' lJ,' '..', ': ~ Ii.;" _, . ,. _.' i _, . . ! /1 ''. .'1/' " -._- -.-- -:...::-. '-.----- -~ Mayor Horowitz, Iowa City City Council 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. 1,_..,.,...,....,...........,....,.,."" =lS' . .... --.-.. .-- I i , , l I ! i II 0 Ii \ ., J 1 1\ I). i I' ,I . il I' J if J I! \ " ! i ii , .: ~ J ~ i 'i , I Ii I , I' I .)", " I :'~! . "I I -t:j:. . I I ,I' l i ! , ,I i : (. .:'. 'I', i." II I I' " ,. , , , I,' ','I "'If"'" ..... .- I VJ~\ I . ~' .~ (, fJ i; ~'; I; Sj , ,Ii. t; N c ~ " " ~! Ii " t:,i Po Ii [i ):I !\ " ti " 1" !l ~, ,:J n i1 ~1 ~ d. ~l ~'lJ l' l , 't, f,~J g. rl }".. " l:i 1:, I'., J'; )'\' .[,J fJ "1 i, ~'-,l ,,' \'1 ,; t; Iii '", ~J \j .. V , , i. Ii \;. ~~~--- . . , o . . . ,co, ' ' '-I 1- -t I'" '" ' , t' . "/ , ' ',' ' :/ I' ,./ -t" " . '" " , : . I' " ~ .' I..:.,.. "t ~ . . ...;.."....c:,"'.:,' / /"'] '.. '., 'f --. "--::::..~.---.......,~ 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 lllldldmlnIZ.lc:c4.nph ---._.~ fa JIISM (pJr ~.(jG . , , , '. J J 1; i i ~ r . , i '. I, 1", Iii " I' I! Wi '!:!i' t! I' II ',: ! I, II II' r, if I . 'I ,; (J', . I I I t .-, " :J ,I , i , J \\: ", 'I'" ..",......... , ' , I, ':>1.' .1-/"" t, : ,/;:1, '" , ':', ' ' , ' :",,: '1 ~. ',', '. ".2' " '.:.~, ,". \ I I / >\ " L " .~ -- 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 ~,~~~ '" ' ,! ~ 1\ i' j II, " , I, I , I) i I ; , i - , I , , II: Ii ! 1; , ,I , I , i I' " l ", I I,; I ! , ,I 1 " I , r 'I ,'I i, iI ';( r , i , " . , '", ''''''-~'''....~",,,,..._.."----.- . , , , , " :il,' ,;/' .t-.' ,0" '\", ", " : ,I,;. .;, ~ - '" . ~~. " D . :' . I , / / /''l J,.. " .~- ...-.-.-....,- " , 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; ~:"o .......-... , I j , i ! j I , j I ,I J ! ~ ! , . 1 " i, ~ !, lli II III ii, 'I II, I . Iii' j pi ., i . ! . Ii:' , t: " " II !: ::!- , II ,i ;" I! '" 'I I r " ',I '!.:' ".' i I I i [I . I, , '. I , , I , )' , , I,: " -, . , " . " ' .. . ',- ",.",1 ' ,.,~/' :, t" /;t' , ,,-, , " ,; "" ,~ ,,',.- ' . \. . >,1" ,.,' . I'" '" - "-'r" . '. , --"-~..~.,.,...-",_...,,-. / , 1/ '\ , , I ,-" , .- .......,----- -, 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: ~.I)o i , I , , , I :i ! , I I I I 1 ! I I ' , ;.i ~. I :j I: r I I " Ii : I' I " i- II " II' I' " 01" il , I i '~ !' ,I i,\ I . !;: i 'j'l , 'I' \ . of Ii. . 'I. I 'i '. II I , II I I, ) 1 , I it , ! ;: I i t' " \ ' \-1 C. ':: i"',: . ( . .. . i ' , '- , 'tn" "._~' ' , , - ':1 I ,:-:1 I' ' , .I' -: ' , :.':, . ': '.. ~ " :,. ._' "1" .' ' , t L, ',..:,,_ .; ~'.'" -j . - .~..h . ,/ /~ '1 {, .... ------... 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. '~"o ---.... .--- :' i'i I, , , " lli /1 I!i .[ II ,I " I, II Ii ir I'~ ;;:" p "j .. I . i ~ It - II I II i I:! ," ~ : , , ...-.,................-.......,----.. :1 .' .' -' - ' . . ". . - ,', ' '-:t' -I.' '.. . ',' " " I "" ,:'~I .', , '. , " ",I ' . -, I " .,. ", , , , . ~:'. ' .". '... '.~!, ._~ . r.: . :, ,I / /, " , , :~. . ::--.. Ordinance No, 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 ..... .......~'..~h' .,', ~,o , :' " r I, Iii oi II II , 'I II 'I 'I' I, " (I . Ii , \ , ;,; to' I; I,; "1:1 I ) I I "11' i: , I~ , : , :i I "W',. - - .,.;,-~--:._~...... .' . \. ' I ,J r ' -" , -t " , ' ,,' , ,; I ',I / "t7' ,:l.." . , :- ' , ' ,,,' '", ' " .' :' ,I, : ' ,", , ' ..', ' . I . - . -- '.',....., ' " / , '\. ~ ' I J.,.- "..,-......-. ,.,-. .~"',,.. ....-.. ..... ---'- 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; ~rbtJ" , " :! , .; i i i i I i I I I \ i I I II , I I!. I II' I I' I: i, I:, I i:- i i.: I " I i r , ~! .j ":1 ! { ,I -I". , , i Ii , i , ,. ') i -"-'-'<'''~''''''''.''''''''''--- ('.1 " , ''; I I , . . '" , " , " - k' 14[ , ' ,~, , ,,'.. ',' ":/,1, ,'I, -:-t ' , " ;,','," - ~ I . . :, .( . ~ '. " . . . , . I . '. " >! "1 .' . .... . /// "1 , ' \", ..,' "-- --, ---.-., 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: --...........,.,-...... '''''". .~., -- I'(J ':\(1) -, ---.-.. .-.- I , I , I I I , i , I , i i: I) ! II I I! I Ii Ii: :; "Ii' \i Ii 1,\' ..' j;' i ( I' ,','I .. ,.0;. I. .1;, 1'1 "l II ) ....' i I it I " , , \'" " ~ .. I" "'/'1' ~'I' 't" -,'" ' . .,., I 'J' , ' " ,', r ' . -, ' ",",', ' _ . ',.: ' _r ,'1' ," . .-.. ",.." . / //J ... .... , / \ " q.,'". :....;:;.:..".; ."I"-."""'~'-'" ...;.:.... .... .~---- -, 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. ~~Q I , \ I' : I: .' . ' \, I: I ! i \.1 i; II'i II Iii " il 1 II I, i II' 11 :\ . H .~ , " , I :': ,.'" f.; II f: I f , I :ii, ;'.1 ,.,' !.,' ;L i I , \, ,- . ..~ ' ,;,/ -.(,' ",'I'.: I I " ) , :,i ~" I " ~ 'IItf~:......- -- .-.-... - - - , , " ", ..'-', "{' , ',,' , ,':'I,:I-/" t~t' '~t" ,', ,', ,'" ' ;' I" - ' _..,~.. I I I , -...-.",.,....."...........-'-.- I >:'J,' -"'-- .--=,-':-. ---~--._- Ordinance No. Page 8 , 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 tJ!.~.~ ~ ';;; ppd.ctnlnuYClmor,.Ofd ~.o " I , I I J I I I I I I I t. I i " I, , ' : I 1,1 !I " i II Ii II :1 i I !, I I Ii. I, ~ j: , Ii \, , ;:.~ ." II " '.iY ,:1', ji fi Ir ...) I>" ::. i", _'(' t.,: .. , , I I , , , , :1 .J...., .::.-', ~ '. """"IIIf"''''' ....... .~"" -----...- ~-- \41. .,;.'........ -- ~ -- "QIIIt'''....-- - --...---r~.... -.... -- - . ..- --... . --.r--,.-.-.....; ',. " ':1 I" ';/' t . ,;1' ',' "':', :' I " . " ,-' " ., ,,:, ,f'" t...." '" " "" , . I, .', ". _' ..;;:.l!, 1 ,. . . I I R . / , , 1 I ":' -- I i I I I I I 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, ", i , ~I'O ...,.", ,.".,.."....' .L1 II. - , i ; , " " 11 , II' I: I' a i! II: r: I. I'; " H I , Ii ,,' i': I I,i 1 111 , I :' I ,I 'I ,I! I -...,.,- ......". , i ---~~ -- -- -_.~-.... .......-- ~ ..-'........ , .,', , "', :>/' "';/ f-: llf ,/3'", /':"'.:' ,', - " , 't, TV: ", " " , ..1 . \, N ',_ _. ,...~. , . , \, - 2 - 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. ~,6o -- , I : I ~ ~ i 1 II 1\ 'I iI, II II f " r " /1 I I ,I , . i.- if; .. II , i I:! I : I " , ) , I II, II II I if LI?tl. , , ) ~". - I ! I , , ! I , I ! ""., '--'-'~-'" - "IE'l-- ~-- ~ ..-,'....."-- - --- "'"'QIIII"...-.......-------~~..... ~ - ~ ... .~r-.--;.-- . , ,I " . { ":,1 I' ,'.1-1' 't-:rC ,19- : ',,' ":' ': , - . . . . .', ' . . . . ~" " ' ...\ " '. -. ,.. . . I " M , , / "\, ,-' , , DRAfT 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: / , 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. ~~'A ~ _--Ll.._ . i I I I I I I I , \ ! : - i Ii' II' I' " I: , .. , l I I; 'I i,) 11'1 I II " Jr. I ' I ;." ,I ":. -... 1fIIIf"''''' ..... ----., ~. ~-- ~ ..-'........ -- ",...... .........._~-....--..,~.... -.... ....-.......- -1...............- -- ;--~------- \ . . . I " I, , "'- - ,'-t "" """ , 'I I ' ,i' 'I I , " , !,' ' '" . ., . " " " t' , " . I " ,:.1' I " ~': " -. _.' . , , - 2- ,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 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. c. d. e. f. " ~a , I ; I , . i, , , I: ~ I: II , , ,. " :1, " Ii " 'l' I: I" " I~ !I . .' , I " I: :,1 I[ I; I': , 'j r , I I ,I I' I , , I " " ...",.,.. -- - ~ 'JIII'....-......-.---______ _!~,_ .... -~ ___-- UIIL --, '" .... ~"1 - __ ~ ~.. ~ - .... --~ . ,.......".....---;-- ) "" , ,-:', -, '1[' , ',.,,'.' ,', ',,' " 'I, I', ',_I I '. / I .' " " ~ ' , " .' , '" ~. I : '~:, ~ : ".' _ ,. . " '. ' ~l" ' " . I " " " . -.,', . i / - " '., . '- .3. h. 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. I: Ii Ii Ii ,I i' 'I " II: .. I I~ /: II I, " , I, I i, I " I I,: I , ill I II 'I 'I , '. 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 I '~."""- ".... '" ,- ~-"..-_.." . ~~' , I , :l \-.,1 " . . - . -' . " ' ; 'I -/ -,"', ~t ,',,' , ' ',',' .:. :/../ '" - 'I'~\ . ,'~. ,,' ,~_, . I : I I '".. '. ' . , '~ _=.' ,'. . _ .'. " I , l'i " --,-" ......_--.. .4. 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 ) ) ss: ) 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 ~~, " .-.'....1."..'..~.~"".-"..".m."... """.. , ,I '1 ! ; , , , I I I I I II 'i I I I ; I r r' " , i \ 1'1' I:; ,I }i If I I I I I,' If \, il , I -''''''''''1I/IIIIff''"r'' ..... --"l ---.." -.. """"W'\...... '-JI., ;-1......... --.~ - -qiII" , .' :,: 'I" '. ';1' '/-" :=t'" . ,.,..' -' " " " " ' .') '. . : I'; ~ ,'" ,.,~ '. '_. I '.' .' " / i:\ ;' 1 I '~. 'J. ,,~>- ------ .~, 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. i ' ppdldmlnll_,,,,, "il ,/ , I ( /, :: ~ l.__."......._,_....,......-... '.--,.....-....."",. i , :;~.!. : Notary Public In and for the State of Iowa ~60 - i , i i :) I , I I I I I I , ! " " I' 11 1;1 r i ij illi Ii "I' I I' Iii' !,' ". .I [i:" i~ 'il ji j ] , I: ',I 11 " i:, ' I , ,,; ,: ., i" ; , 'il. ,. , , i , ,! :) , , ,0, \', '</f/f'''. ..... --~ ~-. ~...... \.4Ia ..-'....... - -- ...... ...- - ---..,f".... ".-- ... -." ,-,,-- -. \ ,. , , ': -" : ,; I'" "~~I ",:~~I ,I~,f,..,"", ;':,"',,> : '. ': I..'...., .' \. l'~ . '~1": -' . . / I '1 .' -.....-----.--- 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: , :1 i I ~ 1, ! 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; , " " I ! Ii i ; I 'r !'! 'i 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; " " il !I !! I! i,: I!'::' , i.' I:" I; '''Ii '1 'I I I I' ,; thence SO' 08'32' W, 987.08 feet to a point on the west line of said East 660.05 feet; J I 1 ! , 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; ;, I I I 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; Page 1 ;1 I, ~"o " ,.-,....."".,; .....,........-. JI..M. , I i " ::' , . \,! ., """'P" -- - -' -...........-......... - - - -'-~I~" .,.,.. -..--"", ----..... -. ~-- ~ ';' ....... , , .. ---- ----....--- r -.. \. . - , , , i "I " "':-1' "-I ,I~-,'", " . - , " ' 'I :'.1 I 0, , . . ". , ." , .' '.' ~. ',"',' o'\'~ '_.' , / / /, '\ " ], '~, .~. ----._-----... 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; ..' thence S 50' 55'36" W, 231.50 feet; thence S 41' 54'27" W, 388.36 feet; Page 2 . '--~""'"'~''-''' ..j. ~,-~'--' ~'O ..~....,,~,. '" , ""', "."., ,- i I 'I J, Ii I, i III I ,I II I I' j ,I Ij: 'i I ., i i , ! ii ) ~ " . I' I J ' II: '" , ,I ~:. 1 II I,: I I,J II it, \ "r:. l ',i' ,\ i lIi , f I , !I '.'../" I I <It": I .,.". 'I" , , Ii , I. . , "'......~,. - - ...,~ -;: ._~... ~ ...-'.......--- - " ~ '. :t{. ,'::( 'f] , ,/~( . , ,': :",' ';. : I~' ~ ., ,~~ . . . I / 1>\ ;' J, ...., :t --- -', '-....~-....... 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 "'j', .j' I ~_'O " ! " , .......,.....'-'....""....~.~~_._.. ....,.".." ,>,. '--"-'" 1,,_\ \"1 -1>11 __h... .'._ i \, I: I , i I I: j. " ! i , II: I , II i " i , II. '1 II 'I 1:1 I' " " " 1 " , 'I . ~ 'I' I;:' d !~ II ,;' \1 ; :, .'i i ; I I ,I , " I I' i Ii ! i , , .. , ~... \ I .,,..,,....""fIf"r. " , I , " \lj " - --..., ~. -,,--.~ ...-' ..... -- - -- ""'QIIIIJ".--~--------~~.... ~..... _ T .,. _.. '. t I , , ' :1 I "-I' '/~/',:' ,:;] , , ' " .' : ': ,'. ' ': ' I '" H . '. ~. I / ; . // '1 " J, . .......n.____. " , , , i; ~ " " ! ! J I I I I ! i q i~ 1 , Y. Ji ~; " 1'1 iJ Ii l",I, " f; (,j '-, ~1 (,1 1j 1'~ ~ I i 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 , -'-'-,,,,,~,,,,,;,,...""_...- .~ , ~f;J,!, ...~-..~.-...,. .'." '. .:.- \ ... ....-~.r ~ --_.... .-- I ii }, 1,' Ii ': Ii it i ~ I'; 'I , :i: II II I I I i it: ~ " . .... , ~. I, ','; ,"\ 1,' i >111 r I I I' I 'I, it " I. I, - "If'p. .i;': , i i " :: : ' \.; ,', --- ~"'l ~, ~.... ~ fItt-.'........ - ---- , . I I :' " _, _ _',_ .' '., ' ,:' , ' '1 I _/ I /" ...:J ,.', ' , ' , " . .' '.. ..' ~ " ., '. ,i,'M' ',' '. 'w _., , ./ /: '" I, '" " ~_.-._-~-- " " I thence S 89' 09'38' W, 550.00 feet to the southwest corner of the East Half of the Southeast Quarter of Section 26; '. : ~ i: " ;; ( " ~ (~ i l I' ~ n ~ ~ " !j li " ~ " 'I i.: \, ~,i 1:; '~1 1,1 :I-:l ~ I 11 ," l:; (I ;'j . ~'~ f' :1 f,l lj t, fl ~ ~ i ~ 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; ~ I 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 Beginning. Said tract contains 10.250 Acres, more or less. Page 5 ~6t),. -"'''':':,.",..'.'' .;.' ...,-.,.,~.- - . \ ~W_"'" __.w , " 'I i I I !- , r I I II I! I I J i I) . Ii , ' t; 1;1 I;' ",1:1 . I '."" .I I-,ll, I "I' , I """I' . ~....... ------...-, - -, - -- -............ .....-- ~ -;' .... --- ~-.... ---- l~ _T p"-.. '.. ........-;- I . " (~' ' '." -I '-J',..'I~-, " ':."", :," ',' " ' I 'I, I " .' . " ,:' 'J '.. . ~,. '~I .. . . . \ J I " / ,:'\ /, ~~---,-- \ -.-..... .~._. City of Iowa City MEMORANDUM 1 1 I I I I ! Date: September 9, 1993 To: Planning & Zoning Commission , I From: Robert Mlklo, Assoclale Planner I Re: ANN92-0003 and REZ92-0015, Sycamore Farms Annexation and Rezoning , I , , l ~ 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, " II: , 1 ! , i: CONSERVATION EASEMENT I " I: i \'.' ~: I' ~,J As discussed In staff's AuguSl13, memorandum, If the Clly Is to accept a conservation easement II' ~ ;\; In lieu of public dedication of the 'Snyder Creek BOtloms,' staff recommends that the conservation , Ii {, 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 " I ,I I,' 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;! ., I 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; " 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 ! j I I I I I I , 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. .I :-...,'.:,",,. ~:;'L'O' , '\U 0.;; , - - - . I I, "'I" ':-:-1 H'" ,/,-t' ,,:,', .':" "", :'.., '/ .I ., , ~ .' " . .'. " . " . , '. t' N, " . _ ,..... , '1 -....~.... \ 2 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. ; I , , , ' I , " ~ I, Ii Ii II: . ,I, 'I I: ).. 'I' r I; I, II I, r 1: " f: I' " II Ii I Ii I Ii ,/ " :1 I' , I, ZONING I ( i, ;~ t r I f i; ;, t I ~ r: ~ , Ii I R ! I 1. ~ f f I i ~ ~ 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. I ~'O , , " " 'fIIf''' . W"'~'_"_"._"'^'" .. ----- ~ I I I I ! f ? r " I I i I I " f , ~ " " , , I I I I I , ! ---~------~ "'" ------.,.. -: -...... -- ~ ..-'...... . " \ . . ,,' ,', ' ,0 -I' LI 'I l """.' : ", :,' - ,"> '",l 13:' ~',t, ',".', _ I ,'" ~ , "1 3 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. ~;,60 -- ..0::1 , i , " I , Ii; II( Iii !I, II, 'j, I" I: i !: , , , ;1 i.' I (: Iii " , q I I ! 0, II ,/ " Ii ,I -- ~". - - ..., --~ ....~.... ...._f'II~-----.".. I', l' '; :.' , , ',',' " ,I " ',/ ,I' ';1 ': t;../ I':~' " '. " , ' " " ,,: ": : .; ~ ,',. ,~. ',....~ "'.' ,. .' / i- ~\ ;' 1 I, " '.. . "- ., -- - - ---.~-- -~ ." \ I I , 4 . 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 , I I I Attachment b/OycfamiI I I 1 "'0 i.". ',:..:, ,. .:- .1". i .c. ;, . ~:._ ..'. ~', ;~ .,- :. io"""" ',; . . :,' """',',. ,- ..- --....--. 'i , , iii' Ii Ii II! - I, I Ii' : Ii' ',I 'J 1'\ 1:1 ,I' '1,'11:, 00' " ,I" r! ,:"i;; ! \ I' Ii il' .j ,,/ ",' J, 1/,_,.' . I i. .,/', I I, , " iI I i " !', . , .i' ~". ., , I " " , . ,,, , _____ -"--~~-. ~"'~..-.I....,,----~--"""""'" --- , , ' \ ". '\ " . '. { '-/ t-I" -t. '" ',' . .. ' .I , .1, " . - . ~:~U ': ~ . '.. .:',,' ", ' f, I ", , " _' _. " , . ~ , / o. '1 ,J.. , ---..... .-- It., y. " / I I I i ! Nhi<>l'efi"'l Meadow~ t;ubdivi..io'l e.o'l Alre j.1ol:>ile \-lo..e PorI<. , . , , I I 'I ! (~' I! ^ ),. " II D :1 I: . II Ii " I! I" RS-8 I, d Ii I' :, - p " , I:: :,i [, H , i -'(I .j " P* ! J I \. ,; . III" r;ool r-l-l o tSo lioo . I I Exhibit A I 1000 Ii , 10010 City ~'litor~t Treat ",i!l1 P1a"t "._'--~.""".""'"'''' ' -,-I l>1dicab p,o!'Iible l<leHord~ aa"rl!i~9 Th 'tW. NaI,'o~~r l<letiMl '%. I'lVOI-n,'4 . U'~. Dept. ot~ I>'\ten'or ~Q i , , , -~------ p" ..... - ",,~-:-. --~...... ~ .,-'....... ---------~ , .1) . ".. , 'I' '-I 'to I;-{'" ,', '",' ~ . " :1,,'/ ' . . \ "'" ',' ":: , .;'~ . ','" '-", ......, .' .... " / , \ , 1 /'. , . '-~ -- ~:l'~ ""'-:-:- ~"- ::'~"'\fo:;:i~' -. . ".-C;--'i- tfi.. ~.' "-:' ..... -,"t.;.r' .' . ...... . ",. " " . ;.:;'," ,......, . ,," .~' I?; "I T '"/" ,'"'.. j" ", ..: .,...Vll.... '':>i:: ~ ~ ' ~,I.'!\.~' .~'.. \ .' I., .: .... l~'-' " " . : '. ~.... ....., ...,: >~. . ,., '. , '~..:::::' '":1'.' ~_r. , - .'i'i l' l.~_ "I :\. :ti:;.... : 1 . I ''': ' . .... ":~, . I I ~ ": . '":" '-', II '1) 'j . -.. 1 ~~~~-l~.::w:;~'- ;~~'6 '~F61~ I ~\ .....,;,...,.. ,:'I;-0---J;:IM , . I ~ ,~., II . ,', 16}...... . /1 ~'/', I i ' '00.1";' A i'l ,') : . _~: rr.I Vi I I:'~:':;~\ .1. ,- 0/." r < .j., -T~S:'~}LUC~<- ,1 ~ il' I I \.... ') " .. '1 . \ :.~ '". ..:). ';,': ..,:. . ,.- ,--' 't'v y, G, 1';~;:l.(rv;;;jJ N o Wl1i~l'efi{\q -Meadows c;,ubdi \li",ioYl l?oYl Aire l'lobi\e.. \-I-oYrle, Po.rk. I .,t , . i , , Concept Plan Sycamore' Farms ~' .."........ ),. "".-., ""..,.., ".-.,,., ......,,_.\, \ \ ~ " - -Ll1It , ,II , ~ II - ii, 1\' I: h " " ii, i i ~ H ! , I i I ---.... -;:--~-- ~ .;' ....... - -- - , " ., "- -I /:...,' ,,' , ' -' :1,1",.1 I t-', .~", " " . '. "'" ".' - ........:..,' ~.-., . . / , /\ " 1, .... ~ ~---- , '; ! " ,; " [, " ~ , , I' I I ;j " :-A.. -.G STATE OF I 'rERRY E.IlAANIlTAg, QOYEJ\NOI\ 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, ~ ..- I' \ 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 ~~ I " <::0"d G Hr6~~595.61. ..-..~.....~.~..._...,,..,..,,.....+. . ~56881825151 ~Na ~~:ff I~~ ~6-8<::-A~W r "'d~v:21 .6-82-5: 1I~~ ~3IdO?3131 ~O~3XI^g 1'l?<I 1,1 \'-' " -- ---..... .-- f :{ , i , i 1 j ,I i 1 j I , , I Iii II Ii - II I! . I: !,:,' 11,1 Ii: \ , ~ 'I !\ !i , ;.. t. !; 'Ii !j ';., 'f I I \,r ;i I, " , '" - ~~-~..,.,..... - ..., ---::--~ , '. I ~ ',' . _ ,_ ,'" .' ' ...:: . '" .".,' . -1,1' . -/ I tl 'n! ' . " . , , ' t.., _ ,. ,,'D., __,' , ' , / / I/'\. , , .I ' l' -........ , ~~ ..' " 44.~; " ." ~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. " '- D^TEI '7 May. 1993 FRO/II TiJll 'l:hompoon, Wndlifa BJ()1()~1."t. $UBJEC'fl IOWQ City Gnnexatian COnr.~rning wn1.,'lld ~r~uG I i , I I ThQ faltawino grQup of poopto mQt on May 2SJ Lan VrQk~ and nioha~d RhodQs, both or tllA 1l111vor.ity of rOWR, Wayno ~otcrOQn, Soil Con.crvation SorvinA, Rnrl mYR,lf. Lon llrQke aM II\Y$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. " t0cj 'ON 3NOHd Qf O~MS NOSNHOtlO~ Am l:IMOI-S~s : WO~~ ' '0 88~L L~\: Sl\: i:0"d ~ H:6ee~9.~E61~ !".'. ,; '.~/.-.. ,..." ~S688182S1S1 ~Na pp:ll I~d i:6-e~-^~w r 1.ld8t> 121 ~5"aG-S I 1l0L ~31dO'3131 XO~3XIA8 ~,~ IIIIl1I1 -.--. --. I , ! ; ; 1 I, ! I: . I, II! II " . I ':,1, II',' I , I: ': I'; II ,I;' !.1 'I ;,i , i' 'I ;': ,I , , i" 'I II; II I ':1 ! , J I , 1/ , 'I ; .,! . , I i.', ':ll ";',E/" :;-t ',',';'::' ':' I ',' M " _.', ~l'" , . " 1 .(. '- ~ -'- ~._'- - ~.~ I - .L__ I I i , / I I I '! L 1'- ~ ! I . ' .. ' I" . ,!"'I I , . ----..; ----. P(,Df/)$9~ NO cAcVfI~r""'t'^t '8D~\\.tl\r~ r.IJ \ ) I run -""" .J \,- ~I 'I (I , ,,~ \ 'i 0 / 'l/,~ :J Ii ':j . , I SeEL L~~ 6t~ : 'ON 5NOHd " -< I 10 I I ' k' I ~ ~ I . .,~...~ ,It-'"l" " \,., 640 I f>0'd ,.., \7 ij:600595~61~ . ,..,.........,..".,..",--. ~5688T825151 ~Na ~~:tt I~d ~6-e~-^~w : '-1.6\7'21 E6-8Z-S: T10~ ~31dO?3l3! XO~3X:,\8 I'\?~ ...dJ - - ------- -" Ii , : , , . l, i' ; ~ 'III II I II I . Ii :1 , II: j: , '( j( II ' l~ II I,i Ii I, " I" ,j I , I I II , : .' (i "'..... ~". , ( i 1 , , ! , I " " i.: ...... ~..---.., ~- -- - --- -..........-~--- -...-- ~ ;'..".. . . I , , , , t _ ,,' '> f ",;-' tI '13,' ", :'> " " . , - 1 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. , . i i, , " \ Iii Ii I' II' l Iii , k I It l! Ii " r:~ , , I,! I I I 11 11 ! II 'I " I Ii 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 ,j ~"Q .. !"Jd.~...L .... i ;}' ! I I, ,'} " . "j' \" , ' .\;{ ". i . '! - '~ ~~l li " ~ ~ ! I I ~ __ ,. W\-- ~-.. , , ,,' '., .:.. -, 'tt" ,,' , " ./ I" ,I I .-t_ ,~ " " . ,-,,' " ' . ' r , > '. \ ': 'I' " ~ \,' - - I'" 'r' / / l~):, , '~~-",-~.. ~----- . ----... 2 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. n....nIXI03.rm i '........."'."".;"..,..,.,.;.., .".;,,~.-_. ... ". .~ -..~"...,." "'''':' '"" w ~:,~ \ .&....'; --'-; '.-.~ i 'I : : I II " I Ii: i !i \ ii, I: , l! .j. q - i I,:',. 'iI- ,',,',' 'I.;, J: ,I" .".1;:" " ,:} ': '1.:," JI "II II' if:" .. ,".:',," . ! :.".: "', I' I I l j ,1 iI " , ' I ! i, I -, I~, : ~". - .......... "'''~t". - -'1---C -- ...----.,.....--------~~~.... ~.... ~ .,-' ...... -- ~ ----- ~ . - r~~' --,.,.....---.~--~------ ,..,.... 1- \ " ' , .:.. :.... f""'t '-. : '.': :' " ' " t" 1 .' " . - ,:1 ,:".1 ",-1 :~-" ,'. , ' , .. , . - ;' . . 1/\1' J' '. , ' .,'.... ..'--::~::":::.::.::::::- ~---.... ~ '. 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 . ....- ,. ___c_,. ~:6f) . ).. ~ -'-" .-- i! i, I, ii: \ " Iii Ii i Ii ii, 1 Ii: II' I I " I " Ii Ii,; - Ii I "1, 'i :i Ii' " 1 I , , I I I I,~ I I I I I I "I , I 1 I I ; I I II " " I , :i I I': i I I I I i i , 1 i f. ; I ~ i fi 1 .~ ! I I I I I ,~ j ;1 , . , i; "I: :"'1' Cr"':I t,'" ,',';.. ,,' ", . . ~ " :~ . :..~ " '. -:r . ~I ',~. . '.' . " , / :' \ ,~ ,\" "'-~::::-:;-::::::::::...---. -2. 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. ~\,.'1' t) ~l ---~ ---. , , ;, I I I, Iii I,: . 'I Iii I.. " l' f 'i " \ " , " - 'i I': II I: \1 " i I "1 , r I I II " I 'I I, ;i "~ "'1(". .....~""""1:1~-. ~.... ~ ..-'...... -- ~ --.~. ...-- ---- .' , , I, . . f ' - - - . , I" I I t'4'", -,J .' , -, , ': . .1 .' . ., I' . ,~ . . " , " \ .,' . . . ': I '" ~ '" ',.' ,....::..'. "', . , - 3- 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. ~"t), - --.-....-- , , i , " I , II' II II: Ii III I" I l I' I, , I; ( II I, . I;' , I, , 'I I,: I I 1:/ I , Ii 'I I , ':1 " "'If"' . I I I I i --- ~ 'lIE'!---, ~...... ~ ",~,.......- , , " ',' -I' CI' ,:1, ": ':"", ..' .I, - 't! _ .,' , ./ I .,....1 ' , , / >\~ .;' '. ....,., .' - 4. i I I i I I I 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, , ~'~I. ....41~..,...~..,.,.".".... ~_..... , I , " -: '. .~. .'.. .... > . ~~'Oi --_..u._ i I ! I I I I I I , , i ! i, i' ~ Iii II I'i ' i 1111, I..' 'I '(.' Ii: " III 1\ I' .1 ' I \. I' ~ I' " f: [, I' i I, ,j I ,I II " I' , 'I I I, ) 'I ';" I', ,'I "1(" . .... .,.....- ...,-~-;. ~""'6;.,....- V'QIIJ'. ... - - -.....--- . , , , ,:", I -I CI LJ" "',' ,',." y .1 -, C"' l , ~ .' '. " , .' ", ~. '1" / /j, ...., :'.;' ,...>-----.., - ~-- - ----- --'--..-,,\ - 5- 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 ) ) ss: 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 ) ) ss: JOHNSON COUNTY ) " '~"""'d","',I..;.o......"'.I...,.___ " '_~'_"'.'."'''''''''_'' ~~i)'O ---.. .-- I I I I i I I , ! ! , l" , i i 1i ; ili I , I ! , J I , , I , I I, r' II i, I \: i 1\ I, Ii ' Ii: ", ! 11 F'- I; , I 1 , " I I' I I ',,:j ! I, f ' '11 I I I I i ii' I I I' ' I , I 'J'. , I,' I: '_M__. , ' '-:.-r, . ,! ~,II I; . :1 I, .'~; . , \" II! ,', ' ""IIf"'r' "I I i ' I' , 1 I , I ...... ,~ "~-;. ~.... ~ ,.;.r.wr....- -........... .,.- - - -,~- ..... --- ...-........--~.....--~ '. , , ' I. ' ' . -,', -, /- , ' , ' , ,I '/' .I 'I ,L, 'l ' ' : ,,' ' ' . .:.' \', "I .~ ~_. ., r< / ./):, ~~ , -----, - 6. On this day of , 1 g _' before me, the undersigned, a Notary Public In and for said County, In said Slale, personally appeared -- , to me known to be the Identical personlm named In and who executed the within and foregoing Instrument, and acknowledged that (he/she/thev) executed the same as lhls/her/thelr) voluntary acl and deed. Notary Public In and for the Stale of Iowa ppdadmln\conS8lV,eas "'-.'--""'.-...",',..".,.. ~:'~o I:.. ....."a~....,(.J.......:...""""--.._ "-.'..~. "'-":"';',".. ......." .":. .-, ",.'.",......,.,.,'. ,'n.,:..,,' ." _.....~"'"..._.....,.,... '.- __'0_'_':,'" I I I j i . , 1 I I I I I , I , '".! I 1.-' f \ 'if; i I Ii - i II " IF II :j II _: \ I' '1:\: It Ii ..r;'i. Ilf 'I' ' I~, ,1 I , I 'I ,I .. i! i i ,:1.', I I I i '; 1 " , /. \,1 \',' ;i .' J \ .' . . . '," I -I' lq '/ ..', , " , " ,/, C1' ,,"": " " ' '" ,", , '; . I,. ~ " ' :.~. .J.' ~. - ,'.,',,' ,'. / i>\ " I " .,. . -. ---"" .......- "'-.... 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 - 2 - ,~,,~ ,I,., u - i I , I I I ! i I I I I ~ f J' 'I I, i ,,' lil I II Ii il I: " 'I - ,Ii. I I I . ,i II: 11 I: H i'< r, I . d 'I Iii., ,11, :'i , ~ I I "', f ",I, ',ii, , ,:11" , I' " Ii , , , ~ " \< .~ ----~---- ~,. - - .....- 'l~-, -~""'-a f1t-,r......--'-~ .........---",.. - - \ '. I , , -, ,( I ./-1 'tl ',;-1,' , ' , . ': ' ' ' " I: I' >. '~ . .' .'. :: ,1 \,..n ' , , / /'~ , ", .~. '. .-..:-- .........---- 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 - 3 - ~~~Q, ." .--.'.,..-....'.J,,;., .~'r.\..""-'-"- '- ilL -, --....., .'.- , , j I I I i I , 'I ) j Ii I ! I: I: I I I! i; i, :1 i,: " I' Iii :1 !i Ii II _ 'I I, P j I '~- r;' " I. i,: _ . >':.1 I I! " , I I ,IJ I.; :.- " .... , ,,' ~ !. i: I I 'I I " '. ", \\! " _ ~-~ ----... '" ""9\-- ~ ~~I.-,.... -- ~ -- "'"'QIIr'l' ... - "Ff - r'_ I ',:1 I'" ,,~,' "t~1 '/:]:' '.:,.',',' '~ f'i .;' ~ -, "" -, . I . .'. , .,...~. I' l '.', " " - ". .-- -""-- (~ i' I ~ [ ! 071693 inconsistent activity or use pursuant to the provisions of paragraph 5. i I ( 4) After GRANTOR ceases the current land use 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. - 4 - ~66 ..-..-....." , h I ~ I , , i.: /, 1ii . I I II! I j , j 'I i II ?, r I ,I " " ! " I. i' f " - .\ " I "'I . Ii I, 1/ j II I !: :,' I f' I ' ' h I 'L I I I I I' , I , " , ,'f I I , ' \-,; _ ~ 1 , , f' 'I" , 7'"/" , 'I""",' I-:"t " ,,' ,',: , , , .' .J .c.{ II: l.i.. , , L. . ': ' I ,,~ _ I ,'r,' _', ~ \ - '.' ,,' , I I //\ I' 1 {. '..... '( , ' -'. ..-'- ...._+--.. -~, 071693 I (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, J' 'I ;j , , ' 1 ill II I I I Iii I II !I t I " I:; 'I I " 1: 11 i ' q. , I; , H it 1,0. 1\ i 1:',- i' (4) Dumping of ashes, trash, garbage or other 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 courses or wetlands, or activities or uses detrimental \ I to water purity. 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' topography by placing soil or other substance or material such as landfill or dredging spoils. , l, '.' '.1.... - 5 - ; I' '.\ ~,:~.. i , I ;', " " I " " !. , \',; ',' ~ ! "1~--=-~~"'" ~ ..-,..."...- i' ',C", '~, -, f:-"t: ' ':' ,'; ,':" , .. , : ,~~ 1 bl', U, _v , ','.', / >,",\ , ]" -'- 071693 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 - 6 - '- ,'~() I '.......e...:,,'........,l..,;,"..,'.,;....,_...., ___40", '_'_ .' " ; I ! I , ' 1:1 I, \, \ I I r i i I' II , I: t! ii " Ii ',i,_'~ ,j - j,' " I: ,I 1'1 "I 1:\ II ' I , " ! I f ,'/ , ii , , I , I i , , , \;1 " , , i i I I I ''.>.:.;,,,,, l.'"_,.,,, .' . ' , I' ":1" LI ",,-(, ',,.i' , '.;:' "::"i .< ,~," _ . t:r ,': _f.. . "I P ',' . ", '.,' / .~>'\ , J, " - ..... --- 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 - 7 - ~,:~,o ~ .' ~'.. J,.~ . ...... --'--'--- .1 i I , " ii' , j 1 I i Ii !l II' I, 'I I I !I: Ii 1,1 " I, ',:1 '. "j '/ I I I; 1 ! .i " ii: ;! , , " , , , ' i ; ,1 I l 1 I I I I I j ,." , , \" , .' , ' .' . ',~ \, il I' hi" n jq'" , , ',,:,.' ':: , ': " ,; ~ I '_. .-.;... _~ " " , / f, "\ " 1 .I " ',' -. .._-~ - , 071693 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 I " ~ "- Ii r 'A ~ l1 (j ~ t! rc ~ II I' U ~ of this Easement shall be at the GRANTEE'S discretion. Any 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 - B - ~,'6( - -..--," . I , , L ! I ! II Ii i !! I!. Ii i ii 'I' I 'i , l Ii ! \: - ~ i,; 1\ ' i " ii' i I' :} il I -.ji; I ,1,1' r 1 I I ' J , L",; :. ~ ':~' .' , ' : J Ii . , , r' " ", 'I . (/. (I' :~t ' ' ',' , . ',' ,'~ : . / ~ " .,1.= :' C.._ ' . <.-- . .',' I / .' I '\ ,/ 1 !. . . . -'-- '-, ......-..---,-. I I i 071693 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 I I I' I 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 "i":'i. , 'r ':, I X - 9 - ~,iL\ ~ -.. .."~~--.~.._.....- , , , \':1 "'. '--'-" .--~ j.' t I ~ I i, I' Iii I I I' , I I I, I: " I 'I ,; " i il " . q l':" " r;'. j: I ", ; , I, '; 'I , j I I ,J ! , , .. , ~.""""''IIf/IIIIIII('"'" ...... ..~~ ----., ~ -~-- ~ fI/t-.',...... ~ ~ ~.. ..........-------:---~ ... --...r~ ... - ~ . -~--....-'... .------.-- l ' ~ ,. ': : I' - b' t-:'I' I' t ,,' .. " , ' ' - ,I, I '..'~, ' '," " , . .' .. " ~ ' . I . N . _q - ,.... ..' '. / I~\ ;' ~ :>:.-::. -'I" ':':::'-"':.----- ~ ~. 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 I , i 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 ',.: - 10 - ~~,o :.'1' I " ':: ......-...,..." '".f.:.',' , " , I 1'1 - ----. .- j j j I, I J >,'.'. I , ' ,\ 1.1 1:1 1"1 I, I' ,I Ii l, il. . 'I' II i, il F' \\ 1\,1 , II: ('~ I 1< If! I ,) 'I, "'.'...1 1)',11.' ~. '". f . ~ . : !. ~. ii "i{ I : I /, ,'J ~. I ' ':1 " ~ ' , , I . '_ 1_ I , ,. ~ ' ..' ,,; I' t/' H:'1 " ' ..'" '- --', _. . I . i I I I / F'l ~.~, .~, , " - . . --..::.:-.---.. 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. .- - 11 - ! \i,\:,'iL;,;.i':;:.,}!;;';"'~'';P''';u ...,......---- ~,:~d., IJ ,I ,'".. ""'.'"''.'.''' -.....""'-- i I I I I i i l I , i I , I i , / Ii i 'I ,) Ii I I , I II I: , ,I 1 j ;1 , 1 I ! I! i, , ,I I l i , , ("'- J d ' ,,' " ., r; J II J , (, l , I i;':' i I ':"'''1:1 I .' j , '.,,',', r' i " i /.' , ! ., . , , , " I' L/' 'f-7! '/~:' ,'. .. ' ", '. ,. . ....I.,' J"7,. ',..:..J ' '.::Jl '. , '. . , . . ~ - / / /,."\ " 1 { ------:--. -..._~~---- -~---.... 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. 'I ,I - 12 - I ;'{ I I." --- .~.............,~-~-- --. ~!iro . ........ L......... , , \-.. " ----...._.4 ! ! II I I I i " !' j " t j ;: 1: Ii I Ii I I, .. Ii <! ! I I I F :1 , Ii ", t Ii . , Ii -~ .:' , 01 ' I I I;' " .(; Ii ..,':1 'I' d., .. , j I I , II .j' " .' i ii. i. ............~". I I I ! " ~I ...... -.....--""1-----.. -- ~ - "'11'I'" ..,._ - "9\-- ~ ..-, ..I" , ' " . -,'":"t " ' " " :.. , I - 1 ' , , ' -:1,. ~' . ,- < I ' el "l. ,,,, _ , .. , / i, '\ '1 ,(, City of Iowa City MEMORANDUM Date: June 3, 1993 F , ; ~; i f I 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 1p5-1 ....-..,..<....,.....,-,.~~,.,~..,. ....... .'.', '. ~"o , , ::') - __'h_. ....~ .dIl. , i j , i '1 1 I, ~ I' II! 1 I: - II il l I' . 'i .IIi I:: : I i;' i;, I: Ii " ill, IJ I 'I, ," 4; ;1 .. <.': " ',' "'ff"". ..... ~ I I "'~ ~- . ,I, . ',~ "::( I 'FlU' /3 ,':" ',', ,',: . 1M _ " 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 ~~'b . , : i i : : I,' I I I' Ii ,I, I,: III 'I I" " I " " '; - t I: 'i " j'; 1'; ; U " I: j , 'J J , I I I I , I I . , I , II I l I iI "'IJI("I'. ~ - "'l --' ~--~..-'......----- ......... . I " '. (' . - - - . , ' . , .' If-I' t f ',1'1 ' ',. , .' ' :1 . , '. .', , ,,' "! '. , ' ': 1 '"... . - ~,., <1".... . ." " I 2 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~. ~\,O' , - - - , I , , \ .: I Ii: I: 'I' r I: ! !I Pi :\' .' Ii' i (,' , I Ii ii, I> " r ;., j'; 1,1 )'~ J' I' II; II II , , I '.1 , I ! I I !l , I , Ii I I I , I , , I . I:' ? 1\. FI, ,,'II ,/~L''''' '..;, ,', ,', ." I " M':\"_ .. _V '., ".' . . " ~ 3 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, " f, i , l \ i " ! I 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: ! 1 , , i, i, \ , )1: I' II II I' i' II, " I': II' I: Ii I: " I, I' ,.; , II ( , I, I,! I I ,:1 I I I II I II II , I 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. ~~I~:O I -- ""....,.. "'fIt"". I 1 r " f c " ~ ,\ I; " '.: p I: ~~ l' !! !~ ;; , \ .. ,': Ii f, !; , f I , ! I ____ --- "1 ._~ . .-.;,.., '9\-- ~ ..-' ........--- ~ ,...... .... ~ . '.' ' , I ' . ~",' , t '".',.. " I LI" I J.I , ",',', .., I:' '2 .. . ,_' I '~r' _ ' . ~ - .' . ,._-....-..._~-... -. 4 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 ~ ~'tt --...-- , ' , : ' , j, I Iii I I:: 'Ii r!j "I,;:: I !' 'I I " I'; I',: { . I:j I J ,I ~ il .:J - IIl______ """"'," - - ---- .----~~--- "1---"" --...,..... ~ ..,-'........ ~!~ .. ...""II'W'"" ,..- , . . . " " l. _ .', . I'."" ,- d "" ' - '" :1 I LI 'I I ' i i ,. : ' ..' ' , ". '.' ,,'I, , '..- ,..0.':" " '. 5 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. ; i I I ~ Ii: II , " :1 'I 'i (,1' H' I I;, , . il I' I, I II i' !i I,; ,I q I I I 'I I: f 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. ~6Q ""IIf'''' I I I I I I 1 I l , I , ! I 1 I I I I I I - - 'IIE'l--' -"'--,,-,....- ..... ....- - -.... -,.....- ... -. .,..~. .--:,.............-;" \ , , ( ..', ,I, 'I' LJ"I '1 ':~,' " ..: - ,)" , t.' . r~-,. . ,1 v .-._, -:: ~=.::.:.:_----~- ..-.....--. 6 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. , , II' fi ii' Ii I, 'ii j:i Ii, I I'~\' I ." 1": 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 " 1'; .. I~: 'I II !I 1'1 ~"o I , 1," , " " .' " , "II 'ILl"" I L!, ' '-;.", , ':. . ~, I':~ ~,' ". ',,12:> ,f' \ t: , . " :. / / (~ \ " 1 I, '" , --~ ~. 7 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: ~ I f ~ ~ y i 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 b/O)WllOlll I I \ \ ,,, ~,,6:Q" - i I i,: , , 1.1 !, , I ii II I; Il \i ,;' 'I!'~ t,! Ii' !: " ,il 'I; 1 '-1: i 1:1 I I II 'j I, I I .... , I , I " I , r , '( " 'I , I'" \\. " I ! ----..--~~--- ~ -'.......- '" - - "', . ' , , , /- , ," :: '-I / ~I ',' , , ,- '.I j " ~I 1-"" '_,,', : I r. :- / /~, ... 'r . ">~~ -.. -'-. --.-......--... i i ' , , .........--.... . 1 I Exhibit A Recommended Zoning Pattern SUbject to Verification of Wetlands RM 20 RFBH RS8 RM 12 p IDRM ) ~bO '\;:"!,,j.,;:,',:,.i).\I'~'\"":~"I,,,,,"'_4M_ '---".,. ....",."",: ,-"""',,, ""',.:. ,-"'..1."',' .; I '.. ....' " ~ ,', i ..--" '-'- , , I ' , ' : ! [I !, ',1, 1: h I' II ,Ii I il'ii, Ii ' '!, I, 'I \1 _ '\ I' ,'\,' \ II - ~;,. !I I; II ,'I,! i . . Ii" ,'I,' " I I' , I, i : .'. "!' , I' , " ' I. , , 1\1 " """"". ...... --'--'''1 ~-, -- ~ -' ...........- ... - - - ~-- \4. ;1_... "ff' . .... -- ...-.........,... ....--;: \ . ' , I " . _ , I I' " ,,' """,', ' e,f .. . \ . ,:i,', ,', I, ' " ' " - ' .1 ,121 ,".,' jL, , / " , " I 'l. ..... - --. "":~ 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: ~ I. n ! I I I 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 .,..','1.',., .".... ~,6iO , -_."" H'. " l , ; ~ " , , j" I " , 'I Ii , I I' I 'I \, i, I' ,I, ,I " 1 " I' Ii; ~ , ,I I:: Ii' !; " I' I .) !I " 'I II I I " 'I " , j' , J i 1: " ii ,j, J: , ' ~ : j; i ~ ' ; I' , " I: . , , I I I I I " j: , : I /, I .~' " ' ! ,'\\!' " .' , ' ':: >'1 'H' "I' ,,1, >: ,"', ' - ',' -, ,-I ,- ',-, ' , ' . I ' . / j;>, , ,/. " ., .....<-.::.:.::.:::.::.::._---- , ~ Terry L, Kirschenman 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 ~1Ii"dI_ ~Q , .-....,::.~."':;;"i,l,"_....""_~;.".....-. --'-" "'" I I I I i " , , (l I:' , , , I', Ii I " Ii, " il'- '!I' - 1 - :1 ( I I 1 I 'I. !' I , ~: h . r,L r; ',1':1 , .," , ''/', , r r I I ,i.:)" \ ! " I '., ' \ ~ , i 1 :~ '('~" ;i "'If" . - - - ..,~-:: ~-- , , , i.' :1'1, L,'" ,I I Ft" ',,:, ,':,' , ' \.~',' ' ,:,'r~ ',:.II "".J, _...', " , / ,I .:>'\, 0,' , , ---" ~-- ~- .. STATE 0' I 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, ~ ..- I - \ Te~chenman, P.!!. 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 ~~~~ I I , i l~ ! WALlAce STATE OFFIce BUILDING / DES MOINES, IOWAilo:m / illS,281'ill4S/TOO 81H42.il961/ PAX illS,2S106SiS ~'VC ~0-d ~Ncr vv:rr I~~ ~6-S~-^~W , I,I.JH..'?T ("~_O"'_Q' TTrv ~~~Jn"'':I''";3,''''n')J~'Il'IJ.c:r.,. t'\'i).l ~~;. i, ,..:..i. .,1":, .,~t~_~~~~~,......,,.. .,-,L.I""~r':T,n:'l""l""f ---'-" ._-.. ! i ,> I, I Iii I I I ! ! 1 Ii If, I I' 'I 1\' , :i ! 'I 1 i; 1\ I , l ' 11 '~ :! I 'I I' " f: i I' I I[ i It , j II 11 > I I II! 1 I' :i I I I 10d . , ' " Itt-" ,,' ,", ",' I, :;1" Lf ';; f. . . :" ' :',', . . , ',' J,~. . 'M' I'" j , , - // . \ ; ":' "~'-- ..' , . d/.Jj,.( " ", 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 I, ,_ 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$u iSt'OQ 'that.. tho total IrQQ should bo eOlloidftrod, not juet OlIO l'UL'tion at Q time. The City shnlllrl nho oommont on Any IlllUor thllt may be illQ1Udod"IlUl:hh (it 'the wante treatmnnt Plent. Noh, Rir.hnrd'Rhodu I/OD On jury duty At cho timll TIUIl, WK)'ne and % metl he C~mo in htn in the afternoOI\ to ~XVt'oss his oomments. , .. 88<:L L~~ 61~ ~o : WO~.:l 'ON ENOHd (!~MS NOSNHOt/O.:l A.LIO ~MOI-S:lS I' ~. :~-_.~..:..,.....~,...,- '! , , ; ! : i I" !, 1 , I l ; II' I' , 11 I ri I , ." i I'; r; j 1,) j I t". 'I I :' i / I' I I , i , I I I I I I r ! ! 'I !, , , , I ' '... 'h-I' ,:1 ,1,-1, ' , ' :' , ,', :', ," , .I , j, , t p .' . ,'......;.. '-. :1 , , " " / " -- " '. "I" -.._~... h., ~~ , ~ I I i I ! , , , , - , ' ,I ~ j l:J i: I I Ii II 'I) ;; .. [I, i: ,I , I, i' " \i i " :.1 '.. , : i ~ " !j " il I: t; I~ P"'OfO$~,^ I "/ r.IJ J Nil ~,,^,I~r""f..t I [liili '8ou\\.tC\r~ .. I -< II , " ........... \,- , ' -.J ~ I \, J 'I . , \~c90 " ~j 640 , .,1 \ I / I . / 'i 0 'l.~; ~ I {.II I , I! t'/ I , ' , I . I " , , SsrL m: 61C : 'ON :iNOHd ; j,oa"d ~NCI !:;j,o: 1 1 I~'" ~6-e2:-""t;lW ,'\,.....,:.",..-- \\: m . ,t' . , , ( I '_ f(. .', . , -' ',:1'1 L,' "d ,.I t " ,':,',',:' " .' :, M ", J~ . '~~ . ~l - ) . . ' . I, \1 - --;..:::..:.-----..- 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. .......",......" ,..~. ....,.....,.'... ~t~ , '. \ ~ " -..-..... - ~ . , , , i! , , , 1'1' II " 'I I, ii I f. II a I' j' 'i1 . , ;1 I" r: '.1 .: i i I Ii i I 1 I I,I :1 ''''''''- ""IIf"" ....... ---"1~-, ~-- ~ ..-'-..... -- - -- ,."...-~-----~--..,~..... ....--- ,..-.....1....- \ " \ . . , .' , ' { - . -' - ..' -' ':1 I, /,-1" ,'d . I,d" . ' :,:.- . ' '. \ . ( ~ " , '" .' , ': I ~'-; ~ .' - ~,' .,...'=, ' " '-~ '- -.-...... . 2 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. , , , , . i; ! , II Ii I, 'I I" 11' , Ii r I, " i': ill II) I I q I ! I II " I, ~ 'P 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. ~~,r" \' ' '0. ,I '-......, "....',................. ','. . / I " i , i I, ", " ~,.. ~...... ~ -'........ ----.-- ~ ~~.---..-. .., '. ". ' , ' I ' ',-, , -"""71 ":""t '" ,'",' , ' , . { .:c.... . . , ~ , , ' './ I LI, I~' " , .. . , ~, '.', .,'~'. .~., ~,.... " , , / /"\ /,/ I " ' " /. '. , "'_::':::::-~ :----...,-.- 3 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 bjiw.t1and. ...--_...RU....__,.._._ ~,~ , _._-.-..~.''''."..".,....,., . - J:. --...,..;..~ I I , i , , , , , i I I , , I ,j i I I i, I 1 1 I I " , " , i , ! !i Iii il " 1:,: - 'Ii' ,,' If I:; I II . !~ II' I~ . , Ii , " i \ ,j i ":i' ! r " :1 I, '.>: :i ; " - ~,. , ,I ,-,j \1 ........ --....--.., --.. . .....-- ~ -, -''' - ~ -- -qIIa'..--,.-----......--...,~.... -" ~ . .... -- -- ~.,...,...--,...................-~ \ < \ '. " ,", . I. . ,_'.1, .' f '- - ~ . "I.L/' j(.J 'I...J, ',',',h ':" ~ . .' " I~, t'I" ~ U "" \ _' .". I ': I"' M '_. '- I"" , / '0, {, . -.- --.~---. Wetland Buffer Subdistrict (, ., t' PRELIMINARY DRAFT.. March t,.1993 I. Create a new subsection 9.268(h) as follows: i I, ;, f; I: !; !; \ I ~ ~ ~ , I I 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 Page 1 '-""~;'<""';"'.'~'.....""""'-"" Exhibit 8 ~~ ---....-- .. .', :' i I , ., :: i:' ~ Ii 11: :1\ I' 1\ i': f .'t I':; " . -i :1" I I I h I, I: " II I I ,! 'ii,' 't/ff'I'. - - "'----...-: ........ ~ ~-.'.8'.... ---------~. ...- - --- -T~ ... ~ p ~ . ~-.....-;------ \ , , " 'I ',,' ' , , . - - , "I 'It' ,d"/\i"" ,"': ' , ' , -, :(', I 'I", ' , ',,' , '., . " .,.' ' '- _. . : I ". _ / , " , , 1 , '.. --_.~. ...... 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: (I) (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 Page 2 ...........'''.---... ~--_.....-.. ~,o Ii I ! " ii, '. " I' II' . " " i " - I' 'I 'I " I, I: I ;,' r , i, i I "I I I I , ; ,I " " " i:' " ( " } I , ! I I I I I I I I I I" " .....".,~.",.._...-...",...~....- ~ , ' , I ,', ' '''':'', _ " .,.' '. ' I LJ', I I....:, " ,- , ~I, 1:1 d-::, ,":::..~,,' ,', ' " ':' I'" M 1_. ._ / ,~ ., I ~. --'-'-- -~ 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 Page 3 ':l~6q ; :' I I' I 'I II' I, , , , , ,,' ~.' ': I 1:: 'i I '-.1i1 I i II I II I II I I' ; II , " I , I 11 I I , ) \,,,'. '," "I" '/:-1'" ,:::"1 " ::t", ":'" ,', . ,..', .- " , ' ,',. , ,. . >'., '~, I " '" '. '._ .- ' I. - , . .I ~\ " 1 ,I. " ..---- ....".-._-~. .......... , ij n ~I I: I, 4, Pennitted Uses, Within the Wetland Buffer Subdistrict, there are two 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 .............j;,\......."......,."......,-..-..- ~- "" --...._-- ! i , I ' , I i i ! I I ( ! j , i 'I , i ~; . , 1 " j J 1 j I 'I I I . ' , , !.) !:i III II II i! ;; \. I ! I 'I ~ I' i I t 'i -~ Ii - i:( , I, t'l' \., ','..I:j .. '1/ I "I" 'i .1. " " . : J I " ' " '(,l ....... -..-- "'"' -----.... -. -.. -- ~ ..~ ."..... -- -~ - --- - ---.... . ..... - - ..~.. ~ - . [ '~ ,I ,j I ,'K,','d ' 'f=t " " ' :,: , :' ,. .,- " I' , , : _j "P'M" ~_ ..,'~.rr' ~." .'.' , / / /,- ~\ " 1 ,I . '-, ',' . -- -~"---- , ' facilities that use biofillration methods, such as ,: I, shallow grassy swales, constructed wetlands, and " I, ponds, and which do not include adding impervi- ~: ous surfaces. (Subject to Natural Resources Special Standards B through I). f.- (ii) Impervious surfaces or topographic changes. l I (Subject to Natural Resources Special Standards B ~ through I). I ~ (b) Construction of trails and pathways, boardwalks, viewing platforms, interpretive information kiosks and trail signs, (Subject to Natural Resources Special Standards I, and M through P) , , (c) Restoration and enhancement of natural functions and , I i ~ values which involve displacement, excavation or reloca- 1.1 -~ " ! tion of more than 50 cubic yards of earth and which carry " I I, t out the objectives of this district, including realignment \: ~ ~ ili 11 and reconfiguration of channels and pond banks. (Subject i II . II ~ , to Natural Resources Special Standards A through H.) . ( fi j I" ; ~ il' II , rl t (d) Construction of stormwater quality treatment facilities i !'1 .i " Ii ,1 that use hiofiltration methods, such as shallow grassy r' !' 1 :'f. ~ 1 :1 " swales, constructed wetlands, and ponds, and which do I i' I I ,. not include adding impervious surfaces. (Subject to II II: I Natural Resources Special Standards A through H.) I -I "~I (e) Maintenance access roads. (Subject to Natural Resources I Special Standards B, C, E, F, H, I, and 0) ',' J (I) Bikeways and other paved pathways. (Subject to Natural ! , i \ Resources Special Standards B, F, H, I, 0, P I Q, R) (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 Page 5 ~\i.~,.~.;:.:...;"""~.,, ...'".,,:..;.....'H~.~.. a60 :1 ...., i , J.kl .'........."'f/(",. , " , i , ,( ...... --"" --~, W\-- ~ -'.. - -- ~. ......----------J~ - ~. ..... ...-.vo- ....-~.~ I : ,I .I I" ,LI' ':,:1':' Ct," -...: "'< -. ,1~ _' " '.' :7]' " " <, ,c' . . , .. . . - . - 1--."', .... . I "M" / ;/ 'l , ''',' '--" (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. b. c. d. e. I ! I ! I I f. 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 Page 6 ,~,o -...",-,...,..." "...".......-... - , I , ;; II , I, i j Iii 1 1 :! I' i II II, " I)' I, , , i r " " 'I \ ! " - I,. ~ ': i Ii' I n II '.' ')'1 , Ii 'I' I :i 'I ..J) . , ! Ii ,I I), ;1 I' , I : "; ~". - I I I ~ }, g t n IT ~l II ~ I -- ~.".,---...-., -~...... \.41.. ...~r......- ----'---.oqpt'... ...- - - , , ,. I _ I.", "'1' hi ,'I"" "I'~t' '::;",", ',' - "I I . '. " . , ':' ., '-, ,.~. ,......' , . . / ',' \ , 1 /" . - . _.~. , -'---.~ (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 Page 7 '-.~.""_.....,....<,~,,,, ','8'_'" 4O'I\,c..o ,-'IN \ -- ---..... ...~. i, I: 1 II! I i 'i , I II '\' II I" !" , ) i' r Ii , ',I .~ b I.. i'~ ,I !;" , Ii I, 1 t.i 1 , I I " j I. I i I 'I , J 1 , I .1 I r ,j i ! ! f j ij }j " ,] '\1 JJ '1 l;l rl ~\ ~1 I! Iii! l'1 ~1 e ~1 /1 !J II "1' 1,1 'j ~I ~i tl iei ~1 ,J( '-I. N 'J hi h -, 1) }i ::~ ,.'( ..' , i ,";" , '\\ ~ '" . . ", . . '.' \ "~', :'1.1., itl '~l',,~ [,' · ',': : ,"", ',' / 1/\] ;' , ". . -:::...-:-----... , " !' , " i ;~ t f , , I ~ E. Apolicabl~ Standards. All construction, vegetation removal and earth 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 Page 8 ."i..,;.,.,:..,~.,"''''_-~'' . ..... ~'d, --,_. 0_- " . " c' '~ ,; , i i , \ , '1 , ~ , j f I i': , , I, , , , , ' !II I,' ~ " Iii I 1'1 .. i II "I: ij i ;1 - , .i Iii: " , ~' :1 ii I""; I '.:j '", r I , , I 1",. Ii I, i., ':,:. :> i , , 'I/Iff'" ......--.....,~-. .... --- : , ~ , f, . , f f ! ! I , I I I I ( i ~ " Ii i r " ~ , 'i I ! ~ f .' " !I ,:., " ti ~; l! t1 '11 " j;- " ,I ~j I. ~ " P, ~ I ! , ~ ! I ! I ~.... ~ ..-,-,...-- ~ - .'"""'I;IIIJ...--...._ - - ---J~.... , ", " . . ,J , , ' 'I b-I 8-" --I ',' , .,' .- ':', '. '. :/ . . '/ I'~ -, .. -' ". ~ ';' I';.. . _', '-:_."\'>~ .", . ,.,,- I / , '1 i, -" , 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. , I , i 11', I ! ,I 'I' I, :, ir I: I ~ 1:1' 1: I' II: I I 1:1 I J 1\ !: 17 Exhibit C ~,,(I ,I .. -"'.',""~'-' ... ....., - ..- -- ~ -.......-.".....,....... , ". \ ( , , ' '({ ',I:' :~l" ,":':' ,.,', : ~ " . ~' - : J'~I ". 'g' .J..... . . I ,,~, ", 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 , . , I ~, I, , II' II I' '; 'I i: I.. , iI' t I,) I ~ r I; ,- ,;1 r: p il n I "1 Ii !i 'I 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 :i ~~'O . .,.,.,-,.. ~ ~ ""'-.~----~..... ~ ..-'.......- , \. " I . . , r " _ - . ' " '1 I' ILl ' "!' 1J" .. .' ' .,;" ,.; \ I' :,1'_,' I.=r \I,~~L.J "I..~;'TD,:'.' . :, ,.;" :": :', . 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). " , 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. ~ , , , ~ II Ii I. ii \' ... it, I Ii i 1\ , ' 1; , ,; i " .1 Iii U 1\, n 'I ,,! II , I II " t' " " 1: 19 ~o - ... """'fP' i ----- - ""-- . ........... ~ ..-'....... - ~ ---- --. .... - - ~ff ~ ~ ..-~.~~ I " , . ". r' 'I'" H-/ tI \ ' /-..',' " , :,' ,: , '.' ' , "','....:., , , ," . ':1 \ " . '::Ll '. , . I". .' . _ :_.,' ..........-'." , ;' , , . 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. , " , II; ; ~ , 1'1 II' Ii Ii I I.' Ii iI, /', Ii !'i 'I I,' I" ,; ,I I: I; I ;: I .j \ 1:/ I , I I I d , Ii , , , , , I I I , f " ! ! I I I 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 I '''''' , ,,',,-..., ~f'O' . J!l.h. .. "',.,... ""If"'''' ____ ---"'1 ---....... ,,- qjI. .;' .......- ---. -..--~~- -'f' ~ .....- --- ..~- -.~' -.~.------.......- I I I '", '-.',: i.J 'I ".",'",' ,:' . ,'.:-..: ;" I,. &1'3 ',:, Zf,,' , " :', " ~' . 1 ., ~ 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 , , 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 ~:6tt . '- - -_"H_ , , i : I I 'i \ II: I; , .. I' Ii II :1 I,' (,: j\' /' I' ., ':' i I ': I I' i": iI I,) 1 II I "J I I , I ! I ,I I , I It ! I I I I :1 -, , , , I I ! ~ " i I I I ~ ~ I I I " . . ,.' I " l , , ". , ! - , - "'" ' , :'1/ t-I" :il' <I. ", , . ",;,'," , " , , ., . ',:'.V ',' , '. . '" ~ . ",_ . '_ ' -;..., 'I ' ,/ , . , 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 , 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 ~60, _J I - , I l ; I I i I i ) I I ) , I I i I , , , ;1 II' Ii' Ii ': I I 1 iI', " ( '1/'" ' " i i I I I I I;' !' I,; "I I I 11 " I j1 I' ,\ ~..""......",.". ...... --~ ------..-, , \ { i i' I ! !; f !: " 'f '1 " t.' l,t I, i: i Ii 'i \' I' ,I t! " ;1 <, ,f: Ii ,"J " F ;, ~i " , " " fl " " I' " '~ II ~ l: .' j~ it ~j '. ~i n " " , 'I I, I "_"'-..,-,.,~...".", ..".,..... ~ ft.-' ....... --~---- -"""QIIIIr. ... - - -'ff .. --- .... -~. , ". .: . .' . . ! , I 'I ' LI . , ,:,-J ,\ : /:1 " " :- . " ',' ,; I .~ ~', J:,: ",3 ;;:J: '., ',... '.:' ), , 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 ~o .. y" r, , , , ; i .. \ <, I Ii: I: Ii ,\ Ii " , ~r ,I 'I' I: I; II !, I': I,' !i I,: ,'( < I I I! , ;.~' :i " " , , ) ': I > J I I i I I I I I I I ...... .- "1 -----... -~ -- ~ .;'........ ---- '"'QIIIIJ"...-........--- , .,' o , " ';l"~1 '41"/'1- , ':-" '"..' , 'I" 'l.' ..' " , ~ YlI " , '. , ,_ _. I",' '" - 0 , ./ '1 I :,' 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 ~ New devol.pm"" [] t[? ;;;;;~:;:'~;;;~;;;;;$.:f:~,l~ Hydric ..III .t .1:;;;:1.;;:: .::::~~~;::~:~~::~@:~~:;.~.. Wl~andJ plants A:::::::::'::~? ";>l' .:.:-:....:..~ .....:.;.:..... ';l wTR~NLS^ITNDIOSN~~;~Z'~O,;::fN:&'~'~,%'!\- .,,::;tt\;;:;' . n E:.~::::::::~~~. ~-:::::::~:::::f '~~:~i :~p~~ ~'es~~lt.!f:{~%tttiB~~~;l:':~$~t1~~l:~~" -,... x...O" "llu.....u.-.t/...... . <:1.:'*:m:::Zfi~f1~~*:~:~::3m~. ~~::~:~::'::'::';$::..:t,.. ..:..-::~:o~~"$~~~::Wq,:~.:.. N UPLANDS: . Non.hydrlc..lb.t "",,ilia! plll1lS UplUld "Iewlon ! Ilw ' ~ $- NOTH: OPUlIINJIU,/orUlu, 0IId mwb.,Atwb wtlW Ill' ,......."' MlcAl,1l1I. Source or Inrormatlen: Dr, Eugene Jaworski, published by !he Clinton River Watershed Council in Stormwarer Management Guidebook/or Michigan Communities. . 28 ..... .'0' G\V '~ -.-..... .-. ~ , , ). i , , I , Ii ~ I: i II; I , :1 I Iii II: I: I,! " :! n : , I,' r I,' , " , I Ii !I ' (j 'I 1:1 I) II '", I OJ , I " I I' ,i " , , (., _" -- ........... - - -- ,..... ~------ -r~- - - --....--~ ~ .~..... \.0111. .-, _... - -, .... ~. !--..,.----..,. .-------..,....- ,_ '" 1- , " ',-' :' I ' hl,:tJ' n :",1 , ':' - ,""" ','. \ . ..'. _ .. l-' i / 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 i I Annexation: : i I I I , ! I 1 , " , , ~ 1 I, i- i, I I I 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. "...,...-.....-<.............-., ~60 I j I , I I I I I i I I I I I I I I I ':, :, ~l I I II ~ , I.' ',i I: l' ,I . ii, /:,. Ii; /:' I fi: :: \ 1'1 I I I , , II j: (\ " I ""If". -"- 1 I I i I I I ',~..._.,. .........,."... --.-.. . -~----------....- "'1 ~ - ......... ~ ..-, ..... , .' .'" I .', ',:1 1 ' Itl: ' , ,t.4 ,,', ~' t ' :' " :"', ',' , :;' ,", " . ,_: :.,'" \,.. 2 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 ~60' f. " I i , ~ II' ,: 'Ii I I ,,; i: I., I ii' t'! " i, " I: I,; "I I I 1 ,! \,,1 'I II ,i " , , I,; ....,.,.,,,...,.. . I ' 'I' , .. :1,'1" Ll : td ',' j=l. " ' ,." '" : '; I" ,_\ '] . ..7. . .,.-.~' ',' / , "1 J 3 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: ! , i F , I: :,' I;: I, " i' i II I ;; 'i 'I. . I I II "I! 1 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 ppdolmin"'IlIIOIlG,mmO d ~o , , i i :'i \...1 ~ "'IIf'''. - , n I I - '1-----..--::--~..... qjI., ;'........- " . , ' " l ' :1 'I H'LI'.' ,:~- , ", '-': ,',' " ' , I' .." , ' . ' . '~ _.. , , \, ), -~--- _._h... .__ December 4, 1992 Terry L, Kirschenman, P,E. Iowa Department of Natural Resources Wallace State Office Building Des MOines, Iowa 50319 ~&... 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, I ; ! i' I , , , i, I " I I I, i Iii i II ! i " " I I' iI, I u " II,' , ~ : I I " " 1\ " I ' Ii .~ I': I fl'. i V I ',' II Ii I I, i I .1:j i " I r I r II) I I , , 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 Ii -~-. .__~ u.._....... "__" .-......" ._,~.... -"-"- ~1'6 ...., JI. """'- I " , ' '.,; fl. - ~ l f - '1~"-~ . "- I _ ", ';1.1' ' ,L,' Ll ' ,I~f', ': ' " , ': .. ~ - . '11\. ' : ~ " ,.. ': ' / '1 ,I " ,~ - '- -~ Rev BY:XERC~ TELECOPIER '/ljU ;1,- ~-~c. DEC- ~-~2 WED 16:08 DNR .,). c:..Jrl'l , 4.n...J~V.l.v\J"00J I ~ BTAT!OF I T<<nnv r. BnANSTAO, ..VtnNo~ 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, , \ . \~---- Ter~Kirschenman, P.E. proj~c~~nager Wastewater ferrnits Section .. oc: Timothy Thompson, Iowa city Field Office 6 ~_o~ ~.,. '. ',;'. ".;.. .,.,~...;'."'_ ....,' n' . -'.... j ! I l I j i I i. Ii I: II/ I Iii I Iii i !: ( :; '; !i r- I, , :\ I; :1 !" II Ii " II I, i I 't:j, I , II 1" . ,I , ' . i I , . '.1 )"; , ""fIf"'" - --..---"" ~-.. ~-- ~ -,;'...... -- - -- ~..-..........-----------r~.... -.. .......... ..~~.....~......-- \ f \ .",., . , . . ,"/ ,U 'U', C.: ' ':' ',' . . VI . t ,'U " ' : I '. ~ - ,'~" '_.' . , / ,\ ,I. , 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 ~,&~ 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' ~60', ,,.....,.."-." I I I I I I : i , , , , . i \" I !i' I Iii I ! I I Ii It I' " !r I , I it , ,. .; 1 Iii i . , i , ., " I ,. 'I I;' I I.; , ',j \ I r I , I , " I ij' , If, . I I i I , I ! I II" ". . ,~ 1 I \ . , , . ).,1 . :':....1 I 'I <, I ': ""fIf"'" - ~ .. ' \,1 - ---~~--------------- , r '.' , i 1 <. ,) V I -.;, --"" ""W\....~ -r - .....,...... . \ .\," . , . " ';/ / .&' L/' 1'1" \ ": " :', '. I' , ., . I: I": ~ _ :,. '_~I' .,' . . ' / / ,0/\ J. "-" '1 .', . -- ~ -':".. ......------ --.-- .. 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 ~~.. () , . '"...".... -." ;" -'.' I Jl Iii il Iii . " II ,- " , \j ~ . ~ F . , :1 \ I' , :1 I :'" I.. 1,1' " I," I I ., (I! ,) :;!- !1 (.}, iJ 1,1 I')' i', '. , '" .' 'i" , it !' i ~. I, ~ . i ~, t,: ,', \ :.', l ~I' II" '-[' .' ........ '.:" .'~ .:1'.., t_ .' ,I " J.' . " . " I ., . . " ; I '.,.,' _ . ~ I - / /'1 .! . \. .....-. -~'- "- " " , 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: .....~_, ~"~'"~'4_._H_'___'___ ~Q ,- -~.,-_. i I i I I I I: I, I, :.' j I \j 1;1 Iii , iJ" II 'I I 1 ;\ - \. '1',1:,:1' ;; r: 1.' Ii I I 'II I: . .Ii " .') 1'/. .1 r I !", ',' , " l- .\ . l i I , . .' . .' I ;'.: '" I',' , ::" ii ,. I . . .,.....,...""fIf"". ---- ---.....,~ -~-- ~ ..-'...... - -- ~...- , " .', '. r ' ~ . -, . , '.'1'/ U' tl' :Id '0 ~: ", "'" " ~' I '-: ~ III '. It"7f ,ZIJ,. "", . . , ;' 2 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. ""." , ~60 .' ~J i" i i; I , I i I J 1: ; 1 . , , , ' !i I, i II, I I II' II Ii' i" f I; It " I,' " , ',' 'I i': 'I' I.! II Ii I '" , I I , I " Iii 'I" I, , i: ,I . . , , " . l I "I' U ' , Lf' Cl' :' '<""'" ,:', ',' ~', ~'t( ~ ,. []: ."\1' . ~71J- 'I, .' '. ' 3 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. ~o , I -~ , . Ii' ; , , I" , I ! Ii n, 1': ,., I\' I i " 1'1 ,. f: Ii I,: .1 'I ,I I II " I I ! I I I I I I I II \0 I ii I ! ,I ~~ ," -. (," -, -' - ' . , / tl' h' 1 t' .. . . . :/ ' '" ~' . I 1 l . ~ .~,.. . . ~."... '~,'~..' "r . " " ,. " ... 4 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. , , " 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. II: I, I:: ,. I I, 1,1' II , I ~ I; H I' II " ., r 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. I;" I' Conclusions Regarding Annexation I,i ./ ':1 I I 11 I! I; 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. ., ~,o - ""fIf"'" - I I I I I, - ,,",---...~ ~""'~..-I-,....- " . I '" ".' , I, ,', I Itl 8-"'" 't ,", ' , .- . ~ . ;/', ..J. . '" ' ~,' . ; \ " '.. .~ I,',,' N . _ _, '.' "1" . '; , '" " 5 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, ; , , ! ~ j' II II I' , ii I: :r II' I F: I' j! L i j'. I ! I.; 1:1 , I II ,I I II I , 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 i ~\,o ____ Il!1t1 "'.....,.. ~,. - ,.J -- "1 ----... . -~-- ~ "-.r,.....,, - - ~.r ",.."........-______-~~.... ...-- .. -"F'~' I I ' . , . ' . , . , -, '- -t " " .. " ' , L, \ 'u" , , , ,/ I ,,' L "," ", " , ., '7 . ,',,1 ~ . > . : , ',,. ,- -- -~ / / ',,'\ 1 ,I, -. -'-..' 6 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: ~ 4fIJW Monica Moen, Senior Planner Department of Planning and Community Development \mOOO3.rm ~o - ; I i !,j I' I if II " Ii 'II. Iii . .11' I' : ~ 1\ ,. , i: , L! ,I j-~ " :1 G I I' , . , T.. I I:'" , I i' I , I I , , , II ,i-, , " , " ~ ~_... ...... --....... ----... - '"'9\-- ~ - -- -~ ----~..". ~ r '9" lit 'WIllI.." -, I " "I " , . , . "" It-I 0 L \ -t ' " ' , '.' " '/ ~'-- ' \.' " ,', I' ,t' ,: , ,,- ' , ~. I 'I. ~ _ ~. ..._~ "., " . .. , " i , Location Map' ANN92-0003 Sycamore Farms Annexation Figure 2. . I .11I Y1ly.... , au.lttl/"" .. ,LI;GEND, I. I RFBH Zone oj' n',,,; I CC-2 zone ~ RM~,12.. Zone, I RS..aZone, I,CN-1 Zone , w ~ >< 0 iii , OSAGE Sf , . . . I I ) ,./ . ! ,. , _. "" f~ c~"" ..,-. . .~..~ , . ,. i i i \ ! i I , , i: Ii , I , I. , , \ \i 'I iI - I: 11, I II 'I, " I. I: 11 I' i' ,I /" - Ii ., I: I ' \ I -~ ! , ,I " 1': ! r -~ i I j l II l' 1 I I' l' l I 1 Ii 1 , - " i. ,\ ,; , :! '1 , " , . . 1 'I :I A."(1 '! _,",,,,,, i ~'. "~..' .... b....LL.h.. , '., I 'I i , .,," , , ,,,, " \\';;,~.,;,.:.: ,'---'"W\""Wr;;e.--'... - ..... ...... I.' : ...l'I,""'f( ,'C .,I~ ' .' ",..'.' , ' ' , , , ,I,...,. , ..' , . . . . _ '.1 . ~ . . f ", I'M _ --,,"" ' . ,. // /-''1 I. ."1' '-'---'-" -.-.:.-- (j ;--., , 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 ~,o ,',,""""'W_~ --_: ; . I' j' < , i !: ): , j i \: ! 1 I I ; , . " I ii ii Ii f' Ii , i Ii Ii II I' I, ii, 'I " r [" " I; I :, [, Ii II :1 I" " r ," r :1 l! i :' "J: J', I I I' I i' \ ': , il. """-'l'" i /, , , :j , ;, "fII/IIf"" - - I I I I ! ....'.~.'1: ".,T,', ,.,,,.,.,..,-~ -.;,~ : -- - -- ~"'--........ - -- --~~- ~..... ~ --, ...... . " ~ -. ... -~ . '.. ',', ' " I' 17' I ,.:..' /7'"' " ',.' :' , . 't' I'. ~ '.1 ,I. I I ~ , . . " '. ' , ,"1, -J,' ,;' . '" ' ~ I . ~,' - / " \1. . '-. n ,-... \ November 12, 1992 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. ~,;'O --,-.,,-- ...- .......------ -- \ ___hh, .__ I, ! " 1: jii I! I I I ~ , 'I " II' !! I II' ~' I !, " i " i . I il , ( J i 1:\ I , , I " j .f. '. f I 'i , 'I '1 I T I I [ , " I . j ,,11' I Ii , , ~ ' I I I i I , I I i I I I I I ! 11 " ---...-:--~-- .... .. .' ' , i " ':, I" ' 'b-' ,:' t t' '/~! ,', ','," ,", ' , 'I' ",'U " ' . . -. ..--. ,-. . - ,~, "', '1 ""-" -...-....-. .-..--..,---.... , -----. () n November 12, 1992 Page 3 \ -"--.' 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 Ene. , I I , ' ":1:/ ,'; . I ".k ':......,~~~I....:."".~--._.-.- i.,1. . ; , \;-'1 Very truly yours, 6~. It- Stephen F. Brig~ ........_.~ ,......,...._~. . ..-.'........,,"... .',.,' ...'.,..,.",.,.......'....'.i. ~,.:. o ,,- _.... .'_u_. ..... . ~___... ...._.'...._....:....; , I " , ! i' ! ! i , Ii ,I II [I I' II ~. Ii , \: :~ . , , I I '11 I . I I: 1 ' ,I \ \ .,',' "' , :'V:: .F ..i.i: , " I,.' !j" q. , ~ 'J I , , , !'. I, ;"" i i " < ~ ! ' , I. ' \,1 " . " r " i t " 1 ;~ ~ , l I I I _. 111\--- . ' , I I , I' H' i- -t ' ' '.. '" ' '/ .' - t' \ :1 ~ . . .. . I ,"..., , \ " , .' , " '_.'~! '~t.. ,,' ',' :. I f ~ / >~. >,._ A' --- ----.. "-.~------- , '- 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 k':'~""Vt::O- 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, ~. Stephen F. Bright ~' o "<.;.',j,...:,,_.,..,~,~~.;......... ~."_ 0" i ---...-- I I I ! !I !1 L I,' Ii III d 'I II " '(' [', il 'I' . 1_" ""J. . I II' ji. , " ,i \ i II. . "!;,"', .1" '1:1 'i' , i,i ,. , , ."-..,, , i " I Ii " : \.,1, ." "IIt"I' . I \ i J '.1 \ I .:..., I . . i 'l .... '-,- ..,-----.;,;-:;-~.........- ~. . " . . '. . , , I. 'I' : , N-I L : '/~) . . :- ", '; ,.1 't' V " , L;,. " ,.,.'_ , _' . ~_, L ,~~ .' ' ,~ . """ .~ -...._--:-:-_~:::::.~~--...-.... . , 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, ~b ~~Jsf- Stephen F. Bright SFB:mjm ".. ..~~.~~, .." ..,,', ~'o \..,.u."..........~_..~..._..h..._ ';'. .,.'. ....,.,.,....."... , , ~...... \ --'-""-'- .j. , Ii, i I 1, . III I II II-I, II '" 'j" iI.' 1-. PI '~. :. -r " I " "'1" '.. . . . . il'!:: " ,. II ..."., 'if.'.,. .j." .:".'.ij'".' , ',:,'i,. , .. 'I: . I, :, '.1 ," ",: .:. ''",''..!'r!-' >r:::.J!,:;..: .; r, " , , H i " 1 . ~ "'l". ".'( I , " J \.1 ,.. ....~,._4 .. " . ~ .., " . '" f" "/,,, 'H-' C,,' I~"'::, "..",': -/':' 1 ' :-.t ' , M' '. ~'. l ' ': ,I, _,' ,'_ " - " / i, \ ,'1 ; ~ ----- 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 ~'o " --.-..... .-. : , . , : , I :1 i. ""; I,: "'; .'...',....., . , , , , ' I,,' ;/'1 L{',..t,' 'fl' ", :,', :,,:,", , , 17", 7:t", ....," . , '. . .;,- !- -- '" 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. ~,. 0, - - : I i : " ~ J. I Iii II ,I , 'j I IJ' .. I' : .~ I " '" II " II ,', ,; '1 I' Ii 'I I I I I I I I , ,\ ""fIf"'" - , , I , , - "I'l ---.. ~-- ~ ..-'.....,.- , . I ".' , ' 'I H' t " ':i t; ,,' , , ' :' ," , " ,I '.' " . ':' . "',I- ~ . , '.' , ,_ _*'. 11'- / " 1 . . 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. ""'~'" .... "" ".,...... ..--,_.'. ~6(J ',i Ii l: I, i. I I Ii ,If, , , I!' 1\ 1\ ~ !, i:' " r .' I ,~ i I l;i I I I I i i -, , '1/ " ' . " ~ " i , ,~ 'i " ""fIf"'" - - , , r \,~ .;.,:. ',_~ '..'':; ",,;,J ~" ,~,',,: .'....-~_. "'1----'" -: --"""WI\-- , , . '0.' \ -, ., ' ,- t ' ' 'I /7-1 t., ' , . ,/ ' , ,-i,' ;'-, ',,', " ",'~' . _' ......:., ' 1"'-'"::,' ." .. / I>\. " I ~.. . '. , '-...-:.-:---.:::::.:::...-.-----..... 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 ~60' ..... ......., --.." ......~ -.'........".","., ._~.....- ! I " , i i, \, t I Ii I "illi l 'I Il -" 1 ' , ' L "1,7 ,I i I , ' , I':' '. 1,1 J~ "I! ;-l "'I' , r I I, 'I, , \:' I , , V " " I:.; I I , ::' ~". - ---.;,---~~ ~' I ~ .. " ,';/1' LI t", ,:t " ..,. : " . , l--C,' -t ,', " , ' ,', .. , . I'. _. ., . J.' - -~ ,,' ' .. / /j, " --:,-, ......_--~--._-- 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 I 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 ~60 , '" '.I:~,.~~,~,'''''H''''''''''''''.'.~---' . ,-,- I' , . . , I; " j;; l;i II iill: " ' I': " . Ii, I' . 'I' ~ . :i .! ., :' . r,; I l.: I i.' II:i J :; " , , ,: , , , . '. I I \ I I I I ,. '1" , il. " :.," , , , ...'.....: .' . , ' , ' r . " j .)' , ',/1', t/,L",LI ",' ", I ,,: t.. V, , " ':' .,,: H _ ~ ',.... ., . / \, .{." .--- 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 , , I - 2 - ~o III ; : , I .. , : ! , ,.. 'i ! I Iii II It ii, Ii " ,I (' If .. " r ' ' I. ' 1:1 .. i" I '!. :1 i, " i I I 'I , I !' I , 1/ I i' I I I , i I I I , , , d -I ,I ~', I " """". - ~,..., """(-""~"'"'''''' - "1-----...----;----'"9\..... qa. .~,......- -- --. ..-- - - -.,~ - ... --- , ' " , , . - '" " 1_" ' . : 1 fl t-"" I'" ,",' . ',,/ , 1 ' , , . I . , ,',,' '7]., " , ", \: .' ',. - /_. -- ',"",",~" .' '. - / I' ''1 i. , 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 - 3 - :}6 ' o UIl!!Ii.. -' i , , i ,I' \ " I' II Ii I, \ Ii It: I: I, I. i !;' I; I,; " i :1 I I I ,Ii " ,\ "'....... ""fIf"'" - -I 1 i '-..-, ----...., -~...... ~ ..-I........ -- ""QIIIW.-.........----wr--~~..... ~-- ...-...~ ,..... .... \ ", ,./ . ,-: ,,' " ;',' ',:": ,,'. .,: ,: " ':: J t/",h ,/J ,''',' ',,1' / '1 ,~ , -"--. 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 - 4 - ~'a ~ JUI1 -" .-. i! \ I I I 'I: 1 Iii ;1 " 1" , ji , Ii I II " ", ( . I.' I,,:, I, "~I I I II I' " ,I; I, I I" Ii , '" " , . ' " . , " I " .' :'1 I ~-I ,t'" ;;':"t -.., .. ,- - '.. " , '-.. " .. ' \ . . ' \' ,.;1 ,~"" , " . . . . - -' -~ !:- . / I , \ , 1 ! 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: - 5 - ~".. Q '-.... ,..-.,.~..-...".--.. i i 1,. !I r: Iii II ~ II Ii, 'I- Ii :1 ,- , 'I ~ " , :\ II I , " II,: i;J H I' " " j 1'1. I I '! II, , , :'/ ;i ~ , , I " ""iIf'I" - "",,; - - '1---- ~- \.G. ;' ......--- " I,. ";~I'l, ',FI""h','l~' ,,'. ',:', 'J' ',"!., ','_ ~ ~ '. , / ", .i.." (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 i L " I, I I' Iii ! 'I 1\ ii, '/' 11 [) , noxious plants, (4) Dumping of ashes, trash, garbage or other , ii Ii; " 'I' , tl' ,I 1\1 " j: J ~. . 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 1,1 ;; i I I q , I: i 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 - 6 - d ~QQ '..i I ',I - , I...~ ,",'_ ,'. - "1:'1---, ~-- ~ .;'........ ---- - ~ '~"'--..-- - ----..~ ... ~ _' 'f"-'" w ~-..-;--- \ (' . ' ", ' . . ," I "f-f: f '" 'I'~- , ' " " " I ',', ~ .1 . .,' J .' .. " . -', .: ." .',' . , : I"".. "_" 3.,. ~I'''\' ..;. "". / ;'> '\, I ',.. "-.~ 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 , I' ! I I I I I, I I. ;, " I; ~ Ii Ii Ii II i: IF I:; I:; .' I ~ , j: I: , ;1 i' I I'~ II I I " , I I I I I I I 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 I I 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 I, ! i - 7 - ~6() :1 .'.' ~'- ,-'. .. ..',. ... -.' - - -- . r..." ',/ l . PI '. "'1-'" 'I'n,":, ",' ,:, , ,:', ';:' '1 '".. ., _' . '.. ,....v.:'.. ".' .' / , , 1 .', , ~. 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 ',.'i " - 8 - ~6 Q i , , , " . I, I i I I I, i' I. : ! : i , ' I I: ~i ~ I, ii II III ,I " 'I I' '" " l if I, , ( F ' "I! I , ,,' 1'1 'I', I} [' I,: I, II /, " Ii II I' !~ I' I i I I, I I I I ! II '7.........-""'IIlr".--~ ..--"'1 ~ --.- ~ .;.'....... , ' i -- ....... .........-_._,- ~I~'" -..~ ..~ -,~. -- .-- ------.-- \ , " " ' , . I '- ,- " '. ' ILl I ," I ' ' , , . .1, .,~ ,'f '. :' C' ,'" .,' , :_',' ': .. ':.. ~ ~ _', ,'~. . 'i .. ,', . ,.- , \, 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 - 9 - ~o '. '.' ..-"_." ~. ..... .,-.- - - 'J~_ .J1l.L -~ --- L l.::::l...u....... , ,. , ' II' I' /, I. ~ I I ~ II , ii ,I' I' , ,I I " I: ,I ""fIf"'" - , ' - ~ ~-., ~..... ~ .;......."-- ~-- ( '" ' , " " , ,", .1,1 ','Lf:, ..-i":"/; 'I'~ ' , " " :., ,:" ,r '; . 'I- M ':1.",. '~: . ., .' '. ' ~ / '1 \. "" ---" ---....- . 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 - 10 - ~'o -. III l' Iii 11;.'1 Ii: Iii II Ii 1(: I' Ii :', 1\ I" '/,1','\1- :: (: It I I,i Ii 'i I '1 I I I II I )! I' ,:, I I- I I I I I I I i I I i I i ! ,\ .,......... -Mr' - ---- -- --,- ........ r --, ~ ..-'......-- - -- ~...- .'-- : " ': ,'I I' . 1+1 ';":"1'" Zt ,', " ',~' ':' ,:." '; ',' .: ~ _ ..' ,.'~ .::J! :'",' )' , " , / '1 i " 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. '-,j - 11 - ~cSo , i' , : I i ,. t: ij " Iii II; 'I I" , ' 1'1 ii' " ;! Ii I " , I: Ii , I l' . :\ ,. ., i: , . Iii . I ,. " Ii Ii II " II ,.j I, I:] I I, I I " I I I, 'I .' ( I' , , ' , ""fIf"'" - l r I I I I i l\ - """'fC1----'" -; -~...... ~ ..-'........ -- ~ -- -~""--.,...... - -.....,--- : . , '. , , t., - . i " I I hi" '1-" id.." " ,',' ': : r,l~'.: ':; M' . C:. .,.,_' '~)1\",,: . " :", " / '1 j 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. - 12 - ~60 : I i , , I' II ill I,: " I', " 1'; II il !I' II' Ii; I! I , I! r Ii ,.. " I , I , I " '! ;1 , , ""fIf"'" - .---'" -- ~... \.& ..-.'~." --~.._---~...............----......---..,~ ... , \ - - ~ ...~...~ j T ....-- \ , ' ; ,'-' - '/-' . , "~'I' b-I 'I' ..,"" .",.1 . :1 I. . , ' :.. " ", :l! " . ' ",,' :. . t. ~ _ ., .... ,-.. I , , , / .' -\ , 1 + ~ 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 I ~ II I , ., I' II II :j r " I' , oj " ii " ;1 , f: I II I,! .;. 'I I J I I 11 ,f, 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 , , I - 13 - ~,o .----.....,...,..-.-... I, " " .-. ' , I , .; I' bl ':"',,' I" " , ' , '. , ' 'j . I' . . .. ~ ' " :' ' ," ',' ' , I _ ,_.,.~.~ ,3",." " :'.', ..: / /f \ " '1 '(i' . ---- ....-.'----- 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 , , - 14 - ~'o: i , , , '.,!"- ~... . I , I , I , , i' , , I. i: I , I Ii Ii ii ,I I: , " " , :) t i 'I, - \ " , :1 " 1', " II I:) I 'j ':' J " 11 , , , \ i I I :,1 " --- "'IIIt",. - ~~~, ~......~ ...'......--- - -- ~........---~--,~... ............... ... -- ~ --,--.,.-.-.....-. i , ,,' 'I" H' '-/',. . ~t ,,: " , " ," ; ,: I I' "' ' ,,' " '\; ',;' ,~; M :" _ :' " '.. ;,' \~ ".. " ", '. ~ ',,:,. '. 1 // , '1 .( . 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. " ( I I' Ii I! II !~ I: :r (: 11 , i " i'; I;: !; " " Iii 'I 1:1 j I I 1; 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 ,i - 15 - ~'o _1 .- :~. I' " } " ',.... . , ' . . 1:",- , ,I.. I ,CI '-I' ,'}D " '" ': .' , , ':', .;, ~ ,JS ,;,~.. ZJ).. ~ . , ., / , /,'\ " 1 {. . ---.----...--. GLOSSARY OF TERMS TO BE INSERTED - 16 - I , , l,..~""......."..."..".,_",., ~'o ~~-'_.. ..- ~ , I I i I I ,I I I , I I, )1\ I I I [i, I I\' \ - c IJ II: C' I 'I' .. .. II' "1:1 '1;\' , , , ..' .. , d 1IfIIIIIIf""'. ..... -"'--~~-.. ~"""'~,,~.I-..:... -~- ~-.-.........~----,...,~... ...--- ~...,,--.. -~. tr'---' 'i "I f" ' '.1 '/" ',L/ ' : :;:.,', '. .', () ",' , , " " ' ,... ";,,' " ' "~', /',1.~ ~ '~ II,. ",,~ ,.' :,~" ,', '.', ~" // /~ ~'1 I .'j' 11 . I iii STANLEY CONSULTANTS ENVIRONMENTAL, INC. I ! 1 i I i I Conservation Values Assessment and Inventory Sycamore Farms Iowa City, Iowa 1",:..:t:IVl:;l) JAi'l Z ! 199:) . .D.DEPARTMEN I, i: I Ii i '.....~.-....-.......~.. ."'...... "'. ..".- . MEMBER OF THE STANLEY CONSULTANTS GROUP @ .Ll ~o i , : l" i;' \ I II 1 II ili r I, , I: II 11 I' ( ii' " " (\1 Ii ," , I: r\ " !;~ !. 'I: 'I jj I , 1" :: oJ " " :.1 j 1 'I I , ,l I \1 , , ; j ,', j I ;; ;i :~ , I 1 i I j Ii , ' : " r ~ I I in i. . . - I . I . a . . . . . II ,;, .:<1, ,tl 'tJ~ .n'<, , ."'",',,.. ,; ',. ' :-'" ""4 , ~. '. " . ,1/ / '),' < ~_..--.--- ~, .' 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 i I 1 !ii il , Iii 1 I I , I I I " ,i I' d I" :1 'I 'I' I I' ,; Ii , .I " " I . " - j !! ;.: I ~ I ,1,," V I 'I ,. r I II 'il . A, I 1 1 J!. , .; -, i I I i I I I i I ~60' , il i - -, . .' ~ '-', t 'I ,'-':"" , ' \ ' . . ~ I . .:/, '. ", d I I' , "I", HI ' ,H ' , '" " J:., , " ~ _ _", .. ~.. .' / '/ '1 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 :tGo ,\ , ; , , !:: Ii :, I, II II , " a " " Ji :r I' I', " Ii Ii " , ;., I I;: " I, j,l , I ! i , I I 'I I I , j I I I I ,; " i ,\ , ' - - .. " .. I . . II I. I !- i :\ II ~ 'I l~ I :~ , II " " ~ I' ,1 ~ II i. ~ ~ , I I I I ,;! . I \1: , . .. , " :, I 'b:/", (-I,' ",:r' ""," ,', <,,':' ~. ./," .' \ :. . ,~t' .... I, ~. . '."" '.", ' ' ~ . _.' ~. ,-.-, , " , 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 ~'o '~'-"'" . - - i 1 I, , I', \ Ii Ii Ii! ;) I!: ir ,.: ' Ii. ;' I, . '- ", iI i I , " L I I Ii 'I!' '/ l:t , I J ,I II I! i'l ..... ""fIf"Jr--- ---.;, ---", ,. . II . IJ . I I II I . I II IJ . I I I - , I , I 1,.,: ~-- ~ ;'...... -- ~ --.._~...- .... --- ( ,', ,," -' '- ,"':tt-' ." ,.., '; ,'..,~ :,,' , ',1,1 ,ff."fiI,,' ..,,"..." ,:,'" ":: " .:: _' '_ ' _. C.-', . ',', " '1 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, 1.3 .~ --L1 - , , : i ; I , I: \ J I' Ii II, r- il Ii! Ii' I' If (,' Ii; , !.' , , '" I , i I,j I i :1 ) I II I' , , ,\ -u .,....",...""fIf"". - I Ii I III II I I I I I I I I, I I I II I , , il , I -~~.~ W\-- ~ ~-, .."..- -- ...... ~ -..-- -~ --- ~~ .... -......-- ..~~\-.- -.--" ~~ -3I!"T\' " ',',', 'I' 'b-' 't'-,: lift"" "" ,"." '" :' ,', " 'I .', I' '- " " " ~ :;. " :~;' ~ . . - ~ . \ ~I'" :" , ',' '~.' - \ / / " 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, \,4 ~'o n___ _.b. , , ).' ~ 1'; II! 'Ii Ii I: Iii 'I I, II I~ ' h ; f: 1 I I,j \1 I I II "I I I , I I Ii 1 \, I <I i I ,. I ~ I la I , I I . . . . il I 'II . I . I . ,,.1 I I " i , " \" ~ " ------------ v'" ..,." . , . . ,).. . , ' r, - , -" .- , . ,', '. , ' I : "It' t I' Ii"', " ' '," ,,' , , ,I, , I - ' , . , ',1 - . I , , ' \: .', M ,'_ _- t 'I'"""!'. , ',,'. '. " / i, '\ " 1 ,I 'i Many species of waterfowl depend on wetlands for feeding and resting areas during their spring and 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. "'. ._-~.-.._- -', Wetlands also provide habitat for many of the most important furbearing species such as muskrat, 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. ..'.':"<"'-' '.5 - ~'o I I , I I , , I i: I, I! I , Iii I ,I I 'I II Ii If il 11' , I' " ! " " I I ii I ~ .. I :i " ,\1 . J !I u i !I 'fj I I" .I "..l :1' I J I , I i, . ,i I"~ " . , ""'If'''' - I II II I II ~ I I I I I I I I 9 I I il I - "'1-~~ -~....'-& -'......- . ........ , , f,' ':11' ;.Ct,' :i~l\ 1~..:": , ,"" :,,::,', , ~' ." ',o' M :.' t:1 r~t. ~~" . . ~ " . '1 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 , . 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 , , 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, 2.1 ~QO .HJ_ -- ," i ."I \1 "r __ II i II I III I 1m II m " II m II II m II . m II ~ II I] - '1 - ~-- . , ' r' 'I I' "ILl' 'LeI, ";;-1 ' "!,," ",:", \.~ " ~:'w" ':1,' '13 '~, '" D' r ,,' . " "',' ".. " '1 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. , , , j: i ,. II I' I: II ( , " ( 'I I" " " r " " J\ , I' " I I I): I I' " I'; I I I, i :j i " Ii ,/ II I I) 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. 3.1 ;i ~60 ~........""'IIIIt'".. ....... --"1----...-. ~...~ ..-r.......--- - ~. .. ---~ ,. I , ijl I I :1 I I I I I I .' ~ - I I I , , I, I J . . . , ,."" '~I I'" bi ' 1:1-,"', -1~..,:.":"', ,..,.", : '.' ~ ,- , 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. 3.2 ~60 . _..<It _A..L : ' , I i: \ I , Iii II Ii II! ;i " :I, II I~ I I: I I; :.. ,I (, !I J.; t:) , , I I I II I I , \1 I: , ,I ,. ; \',! ""fIf"" - ill i ' II \- 11 il 1111 . I I II II I' II II, 01 II II II II --"1 ~. ."..... ~ ..-, ...... - -- ~"-... - - --- , . . , , ' " ' :', , ,; 1" H ,}'J,I:' ')g " " ':' ", " : " ': ..' .', ~. - ~~':I ..... 1 . \ ' '1 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, , , , 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), 1. I' II: t 'I II Ii '" " I' iI' , ' Ii " , il I,' f' ]:1 I' II I 1-.: I " , I I f .i I , I"~ I ' , , 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. 3,3 "I ~60 'JIlUb. LI._ _l!llll1l. .. ....... ""fIf"" - .1 I i I II .1 ! ., .1 .1 II . II II ql II II II I] Ii - "1---.,.,- --~.... ~ .;'......--- , .' \. I " I '/'--/ ' 19, I'-t" '"".. ,," '," - ' :1 ' ," , I, ',' ." I,,,.. ' '.; . ..:.. '.- ',..' .~., '" j " " 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, .~. ' 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 3,4 :<60 1lIL.._ : : , ; , , , " \ , Ii' Ii Ii 'I ! ~ . I ,I ~ I, I" II 'I, !; I.: ,; !: ',I I,j II II Ii "I I , I II ,I I . - -- , , I I I 9 I 8 II I !I ,I II I ~ II II 01 , II II II I II ( , " "'I ", LI i I, ,: ~' , , ~ , ::: ,', ',~' :. ;;I'N ' ' ,~. 'l.~f, ~~',t ',."., '.,r., . '.'. 25 Ring.Necked Pheasants were encountered on the property, Other potential recreational uscs of 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, , ; i: i I' 'I II' Ir 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, , ' 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, 1, 1\, I', I' I,' j' ': " f. '. II I" I" i' , II ,I; il Ii , II I ' ii I 3.5 ~60 ,j . , ' '. f" " _ - .- ,.' .' .' I : 'I &1 ,Y"W ' , ..., '..' ,: , .I, 'I j , . ' , .'" f J.: '. ',' ~." ~ ' ".. . ,...-:' . . ~.' , II , 111 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 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, ,- i, , ' , , I, , Agricultural wetland area A4 (25,63 acres) was located in the southeastern portion of the lower i' jl' I terrace wetland. It was bordered by emergent wetland E5 and shrub/scrub S2 to the east. The south , I' I 1'1 ,; edge of A4 was at the property boundary, The northern boundary of A4 included the lagoon dike Iii ii, II , ", and other mounded ground at the southern ends of A3 and ID. The agricultural uses of A4 were (,' 11 I,; 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, ': I' ! I' , There was evidence of hydrophytie vegetation in many parts of the western two.thirds of A4, , j; I,; I I' , \1 - including cattails, River Bulrush, and Soft Bulrush, The western wetland/nonwetland boundary of this ! : I i .J crop field was determined based on the existence of saturated soil conditions, overall topography; and I II , - the presence of remnant vegetation. I II , II ' ' " ' 8 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 i , I - west by shrub/scrub wetland S2 and reached the property boundary to the south. Much of AS I, contained dominant wetland vegetation including cattails, sedges, River Bulrush, and Soft Bulrush, , ' I b Some areas of standing water were also present. The wetland/nonwetland boundary of this crop field 1 , I was determined based pn the presence of remnant vegetation and the existence of saturated soil I I conditions. ! , II, Agricultural wetland A6 (0.49 acres) is located between the sQutheast nonwetland crop field and emergent wetland E4, Ground elevations in the nonwetland crop field were approximately 5 feet , , - 3,6 , ~cS' 0 iI I ""fIf"'" - , 1 1 , ) " I I I I I I I I , I I ~ ~ :1 II . 1 , , , , , - ""1---.-~ ~..... ~ -, - ......... I ' , ' ,",' " .. ", "'1,/""1, LI ti-;' ~d,' ",,' " ,,' ':J' .. .~,: ~ .,',' t= ,"' -.'1~r, "~:ZlJ:- .'. ~,',' 'I',. ,',' ,'> ,/ ,:' ." , ~ 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, 3.7 ~6'o -- ..t:.. II" I , , , , i i i I I i I' I' i' i' i' , 1 ~ , , ' j: i: I: I Iii II ,I ii, I: II ll. :: Ii ,I I~ :i I"~, I: I.' " 1,1 I] ! Ii " ' , 1 l: I' I' Ii "j; ". _ - '1 -- - ,,--.... (" " .:.. '- " ' " ' ,', " . "'I'Ll .. L/' Id , ' , '" ' , ':"'". ~., ~ .,1"=:,.' ,~. ':11,1 , " . .,..,,' ',' '. , "".... · tr\.r '!} \I':'~' h:f. ~)"f ;{,' , ~ ~e , "\11 " r , l , i / , , 1 .~. '~.~.~~~~~~~~~~~--~ 4aI ;'l~~~G I ". . " I '" . '" I . I . I . I . I . I .. . !Dc I . N 1.-'-.-'-.-'-'-'- -.-.-.-.-.-.-.-. . BlJRED SEWER f1IMIIl'l \\mANO IOOND.\IIlS IYCAlAOlIl fARMS \\mANO O!ll/UTION IOWA CIlY, IOWA ii ~&o . ' ,.'" -" , 'I, " I " ': I,.: " ,;, ~, " .. . . i,' "/ b-' ';7/' '/- , , , . " .,' ".,', -' ,,":' 'I "-', J)' " ,: ',', ',' ' . ~ : :., ~ . - '. ,- "'-'" .', . '" / //'1 , J, !~. - ~ ~- - ~ -<.:...--- """~'..I '~,...-.. ..... ....... "........ .-..--." , .. Appendix A Photo Log ............, . :=l~O ---..--- ! ! I i ! I I I " "'.,; i '! I I I , I I , i i! \1 l:,' I!' 'i Ii If I I:, I, ~ I i' I P '. " , I , ! II IF :\ i " , 1,1' ;1 i(: I I, I 'Ii '.rf ';1' I I' '. I 'I, ,./,,:,:11, . : "U .1 , I " i . 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Photo 116 ' Looklng North Acro"s Southeast Agricultural Field (non Wetland) 6!XR!llu.l~ ~ ~.L ~ ~o ,_ ..4*14 1 ii ii 'I -i' I' i ! ~ I, , , I' L Ii I' Jl ,: it " ~...... ""fIf"" . ......--"'"llIl1~- II) I . III II If I . . . II . U . Q . I . . -..,,-- ~ ..-. ...w" ------~ " . . f" '..' .,. : '., ,'~ f ,\ ' -' ", .. '.. , .', ,:i'I'",;y-, ,iLl":",,:;.J ,',,".. :':,"\'<:".::~, \ . I' ,I " . f . ',' /' 1 V.. r . I, '. '." ,,',.'. ", I I,:" I,;. I. , . ~ ", ~', '~\,' \~r. '..... '. . \ . . ""l ,', . '~ '..1" ""::.'<:"'.'.1.. ;; i: :: I' I , Photo 1/7 & 1/8 ' L(lokln~ North ,1t So\lth('rn End of Shruh/Snuh WI'I Lind (S/) ':160 . i I ] I I - I - . III II I . I . I I . . (" , ' , ' ; " , ' , ,." ;1 ".. 8' ",t-" ,71.,' , ,',' ',' ,'., :: :,' 1, t .','" I'J " ,_,,~ T. '.'. ' ',", ',. 1',.: ... \ ~, .. . ~,..\ _, "J .....:...'. I "+~'~'\' "'. " " ','. ,.: ~:;'. \',1: " I' i II I' rI " I: I " ,: I Photo (19 . Looking West at Southern End of Shrub/Scrub Wetland (52) Across Emergent Wetland (ES) with Agricultural Wetland (A4) in Background ~~~ "f I' i 1 I j: , I , I I, I I) il " , I I i " I' \ I I i I j , I I i I I I I I I I I I I I I i , I i I I , I I Photo (/10 ' Looking Southeast Over the North IIranrh of Snyder Crel'k ~'() -........--.. - ._~ --- ~- ~ r -, -" ~ ..-'.......-- - -- ...........-.........----- (' , ' , , '" ' . ~ " , ' , " I" 'tI' t-, \~- " ' ',";.,' " '/' . , \ _ . l . -~. ,I" \ ~ ':: ' .: ' . ',\',',:, .! ," \ ,.' I . l ': '. ,';'..' :' ": ~ .. l'..1 .." -. - ' ~,.......". '. .,.' , ,. ':' " . ~ I I I I I I I I I ! l i ~ I' ;; I I I Photo Illl ' Looking North Northwest at Western Edge of Agricul tllr:1i Wetland (Al) I :: I I , I , I I I" I Ii! I'!, I, I, i I, Ii ,I ,. ': " I I I I I Photo 1112 ' Softstem Bulrush (ScIrpus val idtls) in Southwestern Agricultural Wetland (A4) I , I I , I I ~'Q an.::! L LL............ LI.I, ..,., . - . I . I I /I . . . . II . . . II . II .. II - '1 ~ - -........~ ..-I...... -- -- -- -.........-...- - ---- (' "",'." ' , " ' , ",' ; ,,' " 'I'" '7H- "f-" "'ffl' ",",., :":",..,.:'::,,, ','.. I . . . _1_. " I !. 'II L -, '\ ,.1, . 'I ",'.,1 I' .,< 'I " '-,',' ,:_1 ~,.:l\ ~'_ 1.:\ ..'-,." \..' .'.~;'. \ '<j;i"..~,1">' ',..' ",.'.!', :',': ,,'... i ",~:d '. .' _._'lAt r~;. ,:-' .1:1.'i ,,;~,~ ~W."'. '~t,,"("'~,"~~',~V~~!U).;"i:'if{ <.: ~"\;.,~. ~~~~~.~J;~/~f,~~~:.~:~,=~:::~:~:':::,;;':':.::,:":~~:~;,:~:~;~i8; I"~I''<\' ...Jl.... ....,.,.,!,1Il ........)._~'i~......! :':"':.~'.l-\"t.",('~',f~";:,: ',~,.':" " ~".: "',r.. t..' ." ~"'," >'f'.."I.J. ,1f\.'\....r.~\,.. . "'..l .' f.... "".' . II ~.,~.'............. ".1.....' ,.,.,:..... ''':,.,,~,.:\' '1;',' :l~,' ....!}. ,',::'4'..:;t..' :"!l":'\~l~'" . ,.,'....',." ~.~.. ''''~ I"~ "t..~ .. . .~. \, J..... .~. ;~:.. . ..~:f ,~:r.." ).:.;. I.:." :'\,1\}...tl'~~:~:'I".t:j:: . I'~ .~: >1 ~ ,I'.:'t. \ \\<,; I \f::.,r-;,~:~ tr.. \' '~'.I /. \ f..1 4:'\ ..~j\'~"\:1 "",)~ 'I ,~,,-1"I'l 'L~{; 'I.j ~ j~ 'f'>~ "L ~'r'i.,~'~'~:";~r.l'~ I \",..';J"'", h .{' (ft'\":X"':\'\'~\.I"'t!\ ; ".:- ~ \'l~ '..lI~;" ", ~'l' .\....\ , ,rl)~ .I.1~,\-_.t... '~.~ ':, ':"f~~"tl~~, .;..;t'r' o1:('t.~ii :,'.1." ',:,;., "1;"'''' ~ ..........~"".~\f.U.; '\~". "')'}.IJJ"~)I,....'~.tl. ", \' "}.,'..'::\.'I :,.'",,: "'. ":" '~"Ji;l~ ',!',' ,Ii./,. ~ :'J'Hl,: .<"; '.~ "',~ . d'.. ...",,,. ,.., ...'\q"'ly~~;.1'- ''''~' ~,'l. "0 ~, I.. . ,'" I, ' ",.,l.~,. I""t/l. { .IJJ. '.. '" \~ \., , .f I I.... .....,.. '\ ',..~. j...~...) ~~~.),t "r\"',j ':"'",:. ';".'''' . . ,1,101.'..'''..' ~.' ':" ." '--:: . ':", Lf",1 ~ \\t1':,';t..I'X:':t;-'~/,~ L'" t\' "~:,, ~. JO, l' ) \ ,.10 .~ I .~t' .. ,.t...)~. .,....~~I I\, .,.(,. I lo'T/.'''' o. .~.: ~ "")'i.'~' '.f.' :. I .', X.., t.' ",:'." 1', - , .. . :.lY't.:. ".,.i.':, . .....4 ,..:;1 Ii" ";".,,,',~l ''''~\'lf'''I,/.(,,/q.l , I'" .. .";'- '.. '). .,'. \4 .' . : /.... ,', . ..., .:-. ,', ~J,'.' -,' ,.(1;'\' \ t. .. ,'.1/',', , ./\.,' r!/. I . .." d. ~ ",\ ~'F 'I. . 1'1.' ,.,....' ,~ , . Photo Illl ' Looking Northeast Across Southern Portions of Agricul tural Iletland (A4) and Shrub/Scrub lIetland (SI) i: Photo 111/' ' Looking North from L.lgoon Dike Across Agriculturnl lIetlnnd (AI) ~~,...fllw"'",~..."",,4Q~" .~~_.., .......--- -... ~eo ~ , I \'... ,'C,;"...""",-, , " ',', "I (I' t'...:,'" t:'.' " " ~ ' ',:' '"., . , , ., 'TV . ' " .' . , \ ': . .:, - ' ,-_: '~'. " , ' / '/~J '-. :'j" , ...n..._____ I, 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 ,~ '<'0 I i I Ii II' ~ Ii Ii I! Ii il iF I" h i!- 1\ , (,I '~ I" li,l' f; 1,! II If Iii l\.r I 1 , I ;, ;'1' i.' . "'j ;1 , , , l'.. """",. ---- - -- t . ~__ ._~...._L,. '.0 "'1~-: --~..... ~ ..-':giI....- - , , I,. . :' " ~, ' I cl t-/ \ I'" " " , ,,:, , , i'.' " , . ,.I ," ; "'""':"",", ," , . , '< ' ',' ,:i U. , ' . . ,.. ' . I _ '_..' ,. / //'\ " 1 I "/.- "u -. 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 ~o ______-------'---I.Ll __n.. ._.~ j I !' I I , I i I , 1;1 I I, Iii II i\ II, i' Ii " I.' ii I; " :1 " ) -' i: " U !I !;: ,; , I I,! i , .:; I "I' , !' I' ' ! ! ..... iI i , 'I I '.-_..,,~ ,-",,:'" " -~---~ ..-,~.....- , . , "',' . " . ( _' - '_' , . I I " "I LI fl" ,;t ":"...'." . ,.." I" , , .,', ' ! " . l ',' , . ,. ~ '" ..; - ... '~~ . ~,. -. ' .'. / '1 :, , 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. , , i I !j 1 Iii I 'I 11 , " ,i " I' 1" I: iI' i! r . I: " , i'l , I~ 'I I, I i :1 I .I II' 11 r 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 A.IlI I " ~o -.....,. ""fIf"" - --"'1---'" .....-- ~ ..-'........------- t I' :,1, ~ '~ ,'_' .".', . : I LI ' t'l l*t ' ' " , , I' " ' " .. - . . \' . I '. ~ ' . .' .' .' ' , ,', ','.- ": '.' .: .. I .; I ,~~: .,-..:" ,,' .' ; ( . 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, I , t I ; i 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, , 2.1 ~o ~___...d.1JJIlIII1 ILL , , ! ;' III ~ II Ii Ii Ir /I !, , :i I I " I" " I,: t:1' I , I I' ,I I! I , Ii " , , " ""fIf"'" - --"1 ----....-, -- .~ -- ~...~---- ~...... ~ ..-.'...... ~'~ .. .. - -. . '. . . !'" ,: H 't'-/" Ct,.',,' ,::' ,"::". :'... , ' , ' .1 I ", , ',:, , ';T/! ":, ' \, . ",\ ~.., ,... . . . . - ' - / i" '1 { '__n__ 3.0 Records RevIew ...-~.~-....-. I , 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 3.1 _..."''-.~~,...~"., ........ ,,'..-,..... - ~6,O ..' , ' , ! i ! ! , it I, I' 11 I II! ( ,I I, " ii ': " I) . Ii , , , I I" -n :1 " II , i " j, " r r :' I II I , , ' il .....""fIf"". - I i I I I I - "'1~--~""'~ ...-'........---- --- ~. ...- - ----~... .............. .. -.. ............--...-.- I , , (. . '- < , I'':''~'''' " ", , .' ',' , L i" . J . , , , " " ;'1 I ' , /,' , '~ " . 'i ' " , ' , " , '; . .:.' M . '" ~' .: '. '. '.~. :. ~., ". ", , .: /' '1 , 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, 4.1 ~'Q - : i , 1,1 '. ~ i II; I: III 'I I:, Ii r [I, i , il' I " ! , " ! I ~ ; II i, .. , '1 i': , II ,: \1 r; II II I Ii ' I. i: , ;( ""fIf"'" ...... ---..,~- ~...... ~ ~-I..... --............- r' ,,' : ',-,' 't' " " " " " " ," :1,1' LJ: :11"" ,j, ,'" ':, ;..:,.", ~:... ~. . ':'~ " \'.. '. \ '.' ''-', ,,', ',1 ;' , '1 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, I i I 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 ~60 ..II" 1 , , , . i , I' , I II I I, i \1, r I), !: i4 /;, Ii r: , Ii Ii J }i I , I , I , I J I' , 01 JI. I ,. - ~ "1 ---:--~......~ ;'........- ..' , . . " ('" . -. . " \ . , -, 1 W' " I " : , ",' , ',' , . ." '''--':/. ,- . " ',: I' "I' , , " ";,, , ., ' , : ". ,./. _, I,. I' . ,', "~. ' .,...~ .,. / '1 (: 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. , , i i i:" ! I I, I II 1\ r Ii I, I" :' " I, I!' I,' Ii 1\ I: !\ I I;' !, " I 1 I,! I I 1 Ii ! ,.. Ii II I I' " A 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 ~60 ! ",..,.,... ""IIIf' ". - '- '1 '--- 9\-- ~ ..-, .....,. -- .",.. '" .....--------.....- - 1~ .... ...~.... F ,.---.,.--... ,.------------.-- I ( " '/ ':' . ",} "I ~-' '", ,t, '; ',,, '/ 'It... '/ ," '. ' I'. :: ,,~.'~.' '.~. ", I,'". ",-~ '" " '",.- ';. ,".,' !/ 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 4,4 ~6Q , , , ; I " 1 I,' II' ~ Ii I' 'I I" " ii' I: I ~ .' i " I;' p. " " ii I I" I iI i! I ii; , Iii "I I i, II " If , I i ,; '" " . ( " ',' I I. '/ I' 1'1 ,'..' "",;:', . ;::. ,:1 . l~ '/. _,I "', . , . " \: ~ .; _. . . ~\'i ~ ' i,' ~ . 'l ..' : .".' '. / c',.'\ , 1 ! ' .. ,I 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. 4.5 ~'Q , , , I i I , , ! , ! i , I II ! Ii ; I I ,I i! I., " I i ~ 'I, I ( I: I " I " 1\ 'i' I , ;., :\ ii I !: , ,~ 1'1 I , I il : I I I , I I, I I " , , .- i I j I , I I I I , i , iI " I " . . I . '.",.,' , r ,'_. . _, . I . ,:~ I' :, LI ,'I I, 'I~:, ,"',.' , , r' I,' . - '. U ' ". ~ . ': , ';1 .~. ", ~. I!"~ ',-..' . / " , ,:' '1 J 'J,' ", " ;<:~~~~ I". . " I '~t . " N CI !DC I . .-.-.-.-.-.---. .0-'-'-'---'-.-.- - . , 1 B\Jl(O SEWER 'I J fKMIt 1 \\mIMl BOUNDAIIIS IYCAIIOfI! FARMS MWD D!lIiF.\nllH IOWA art. IOWA ~o ;.1 I I , i , '," , ' h! .. I:, ' ,I '/' L;' " ,,' "'/'1' " , , ' ",' ".' ",' , , " '", , I':' , , . . '.. , . ' .,.' . . '~. ,. I, ,. .~. , ". ' ..-._"..-..._.....,,',~....,..'"."..,. / (\. ;' I 1 '-. .'t' -- ", "-.-.--- -~ Appendix A Soli Conservntlon Service Informntlon ~60 ---~-. .- i I i I I , ! ! I , I I i ' , I I I I I I, I 1'1 I I', ,Ii " Iii II, II I' , " . ", '!' " ,,\ " " , I' " II i;: I' 1i I, II " . (; ,I-; ". q I r " 'I, " if ; I : . " , - -... ...".". - ---~~ ~"""~,,-'........ - -- ~.. ....--- ----~~ ... ...~ .... --. , . , " . . I , ,- .' -' , ' . " I Ll I 't ' ' , , ",./ ",. . . " . \ ..." ': ',.' .; M. . ",. . , > "p :', '-. " . .'," . '. 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. :l60 JII 'T ....-. \ , , ; : I I, ~ 1 I' Ii II: I' r 'i " i ~ : , It I I: I'i I;" I II I,: I :j 1 '" , , I I I I ,/ 'I " , , ,( --- " i ...... ---~~-, ~-~ -'.. ---~ ... 1J'" '_,' '.1'/" t," il :/2:1:'.. ":,',, .:", \: . ....; _. :', .....~., J) '\' , . .'. ,'. I / : /-\ " --, Page 2 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. ~ ~11lilIA Lonnie R. Miller Area Resource Soil Scientist cc: Kathy Pielsticker AC ( ~O il,; " . "_""'...u ""."""'.._ .. ,_."..~". .."'- <it I l, ! ! I: , I.' , " i I, ,I! I , Ii, " I' ,I iI' j' " " ':1 1\ I' , " 1\ " 1,: " " II I', r' . ",r I j,! I ' If I II, } I , , " i i ,/ , ""fIf"'" - ~-.., ~ ~-- ~ ..-'........ -- ~ ----~ , r .' '. - . : I ' - ' - ' , , '. Jf'''Lf,' "I ILl. ,","', ,: \:' . '...:"~., :,.... ';.... '::1', . ": . "" ,",' I , i. I ' , ' . . '-_ ._-:-..._.._...._.......... .1. I;:' I' / I /,' ",t\ " '. : 'I. .1 ':r:'-\,,\ 'I " . :1 \ ~: ,':' ":'; \\ I "",:;.,' i t~r" , " t. ,I. ~ " .. '. ',..\ ' ! i '11,11 'I'!I'~ .\ , ' " " ,.",;:/ I I,) i"ljl ,CU:7:.U' . " I ,. _O:~:5 I ", i.- I' I i IT' , ".HI.') I 1 I I 1>4=4:0 Ii ,I ;' :.,: , : , , () 'I LI,.,,~,/ , , I "- i,./ I ,i I \ ./ , \i;" ,I Vi ~ ' Ii " :~.'/, j , I .' rJ , " " , , " " ~I.(I iI' I ,1.-- r W 1("\, ,.' I . .1,( ,/ " \\1.~ ,,'. ~ " . I: , ' vi J.J,1 ~: ' 11 Ii! I:i II II! II' ,I " \ . I, I " , I I' I'; II ),1 !I I, I I I ! !I -"I I ! I I. ' .eJ"...' II,,,! ~ I ,\\t~ I ~. " ~ .' " ! I .1 .to ...... _U.___"':'._"M ""1 ' ~ f" ( ':\ .,',' '. . l' , '.','- , ",.1. . .' "3.w '.7.,r , I ..I " ,'-'. ,(.' w j' fr>- I , {J/ "," );UP! II J' fl !~, s: 'nri'3r{.."'.!i~,'IJ (~\ \ ' \ :It,J I W:., 7. J./. ' w I.... : '~Jhi "'~ j~~'rl;~~~~ ' "..,..._,--.. "!J ......". ...---"", rJ.:~'l'l ", ,'II I (j!i f'fJ , ' , J. , ,.. ,~ l. 'I . \:" --J_..J..~ '" ':I'ill """, , , w fiv' W 1/w G (IIJWled '~,htlpt)d kie t Iuld '}I~J/ !Vet J;n J " ~,e'U~. ~o ,j '" , , I,.. .".. ~,_. ~- llL. '.I, i " , " . " " I' 1:-"1 ,-" /:-t ,', ",' .:. , ./ 9l-, /_ , '.: ". ',~. ,~. '. .. _' 'l_. , .' I ' / '1 I, .....- J . .' " I~. o' "" . ,..... \','" t J~r;, e,1>.~ ) QSRt \ \ I L' I II Ii I /1, I" L'I1 , D 147 '.1 -~--- I:, f~'.7 ., 1.1" OT TO SCALE CROP YE^I~ . , I ,\ ..~,,' ;" ",,,_,,0,'."', '. ,._._.... , - . '. ~. r, \ ' ..' .' C' " .' rr , , I I I -.-! ...:....- -....--:._-..;._,;-_. . ~,. ",\to. 01: - ," "'!, ' , ji !I ,.(, I ' I I I,' Ii ':--1 I )/," /~ ./ '-.' 2. D 120 ., , D41 'IO,j ,-- I 1/ \ :'h ,- f ,I t' , .-.......,1.. J 1,:'L..i , I I ([)\ ./ff"Io"-'" / ..,'__...... Johnson J'-/I! ! I ;1 I I 1 i , ! i i: i II' , I 1 I! ! J I d !I: I, I' ;1 ,J L I " I: ;1 I Ii: I: .. .. ';-- r.:/ " " II Ii 1 I il !.' ';1 I I~ . " , ,1 II . , ..' , I "1I1 I .. , I I , r~' I , I \,; Ii I " nn.I' I " , \ /1,'/ . 'I t., i pJ ,I ,I ;- "'Ir:- ! .~J ),oo~~;'1 .:{,. I I it ~60 : I I \i r '" ' ' , ',.1/ (/', ',,-, 'It' '". ,", ',', , '" ,,- " ' , '1 . " . , l . ". M ., '. _ '"1 -,. '," .' / /, '1 I ';'/ I . ArUt at ftydrlc coU, ~hu ..C Uti IIIUI' Ublt IUtI'.t1on crlurlan lid do not floed 1UI00000IIy Ulng th, '1'OlI1", II"OR atJj Irt nor pn hDln II' oily... 2 . 'or 1l0t"1 tc.currlng In IIlmn.ln IIKI.t OU1wu1l plllN, IOr.llIft, till pl.II'd, 'lid IlIel,1 lu. plIIN. 3 :tIl tlI 1.1'Itd ..ItIlM 011111' IlII1lpJllllon CI..., till, dtkn, .urfK' drill'll, or dll~"ll tv:IC tlau V 01' VIII, I'lllC -- e1111 VII. t~ _ '^ I,t /~du J[ ~Att I./t;., /Iv ;)60 i i I , , j I I I I , \ i , I j I I I 1 I 1 I i ! ! 1 j I 1 ! j I i I , i i I I i I I I I , I I , i , , , . 1:1 ! I, Ii! 1\ 'I II ii Y Ii I;' Ii: , !: ,; 1< , " I j'; , I I' I , , i'J jl II I! , , (I ( , ,: '~- "" '::~I '.." ~71, ',:,;. ' ':, :,';. /;:-.;,.:,:r~,,:,:,: ~:\'?i '. ",' ~ . 'cr,~..I.,.~:ll:~,~'",':"'" :l',>" ",..'-;>'0/, . -, \ . \' I ,,.1.- - ,) I, '"I,. :.<';, ,~ " i.l".l'l " , ~ ' :, t, ( , ' . ,~ ~. .' , . ." ., ~ ~ ..... . . III ... . - 1\ , ... r-I)IIJ -.Jr - '" i- . ....-..... ~""'''''fIf",.. - "'l~~ --~... . " ' " . , . " . - -. -. . , ' I LI I '~' " . ,.' , - .1' _ . '<";'; " \ #, , . .'. I, '.. \ ",. \. ' '" . \. , '.' ~. ' " . , . . . ",R '" _ ~. '1 WETLANDS MITIGATION REPORT FOR DRAFT , , , . , ' I ii' \ Iii ,It Iii ' , ' Il- l,' , 1'1 I .~ . I' !. I; I' " I:: 'I I I . i I ' I~ ~~~~~~rR?[g [F'~~~~ ~@w fA (g~'iiV g ~@w fA JANUARY, 1994 PREPARED BY Ii ST AN LEY CONSULTANTS ,I ~60 , .' "".'..,.... '," " .' ---~--- JJl II \\; " ---------- ~ ...-'......- -.- ~ , , r. ' '., .' f , 'I "Ll . ',/-1 Ii" ".,' "" , ./ , 1- " " , . ' , , , ': . "'.',. . ,', I --.;.. 'I''', ' , / , I .>\ j " -~. Table of Contents 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 11121,rpl.31 STANLEY CONSULTANTS i ....--.. '--"'~""~''''.... ,.-.....-.... '~'o , I I I I i j , I I I I i i , I ) , I I ~ i I ~l . I I, I Iii I, I :i il I " I I' \" ,I "I- " 1 'i " , " j I " I " , , li'- " I'!'. " I , :1 'f 0: l' II '. r " ,. I j i I I J I ! .1: " il ..L , ,.,~ " ' , ' i ,_' - /-' ,',' ' ~:~ I,Ll ',:.(.:..,1 ''7j), ,"',:',' ,"':, : .' "".- ',,, ......; '~.. ." ',' , / , " 1 J" , '~, Section 5 , , , , , . . , , . . . . . . , . . . . , . , . , , , , , . , . . . , , , . , , . . , , . , . . , , , , . . . . ., 5.1 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 " ,. " , 11721.rpt:31 STANLEY CONSULTANTS ~'o \..1 I I \ I I I ! I i il \ II I Ii: ~ ," I /, i 'i , I I I,' f,; I' Jj II I I : J, " ; II i 'i" , , ; . t II I -".. - --~ ~. ~-- ~ -':.- -- ~ -....'" -------...--- _~ ... "" .... 'W. .,~....... -- ....-_.~-....-, \ , ' .' . " . , , ' I I .' 1:1 ' CI '",-:-1 1'1: ' , : ", '. " ~, ' " ,j-" I : " : ' ' \.' ..' "., , '_ '. I . . . ..... " -....... . . . 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 Iml,rpt:31 1.1 STANLEY CONSULTANTS ~o 1 , , i: f: I 'I; 1\ , II " ;r ;! I: r r: , 'j i ,ii " , !- I J I,i I \1 ! ,/ 1 , \;1 , , I I I J I 1 1 II ,/ , i " , , Ii I : , " , J 1 i I , ; ,i , " , , I \'; "'ff"'" - ---""1 ------... . ~ -- ~ - r... 1/f-- ~ -- --.......... ....- - - .' .. ..,~..... -.... --- ... ~ 1 T -~ \ , , ' 'I" ""I' '-; -~' , ..' ' "" , ./ , "-, 'j''-f' ','I " ',' '< , .' I. ." , ' \: . ',' _ ' ,\ ....,;;.. :', - ' ' . ~.' / /\ ,I).,. , ,.'. - - . -~- -. ........._----~ 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 , --~- 1.2 STANLEY CONSULTANTS ~'Q - L1. ; : , , ; , , ' , ' , ' i:' Iii I Ii ii ,I Ii r " i " I, , Ii {~ I , \i .~ !: " " " I;' Ii I'! , .l:j. " I , , ,I I:! II ,t.,. 1: II " , i " ""fIf"I" - - "1-~---~"" , ' ' . i , I I' "",' -I' '/9-' , " : '.' . . ~ ,--. .',', ' \:. " . :,', , ,.', - . " ,,' . . . 'M . - _, - .,...... . /' , , 1 Section 2 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 2,' SrANLEY CONSULTANTS ~"O I I I II , ( iI " If " l' "" .. " i ,,' ; i I;' I I !; ) ) , I,! ! I ! i , I') i " ] I i , I :j I I , I ,I " I I I , , ! ,! ."",.". - - "1~- --~.,.- , , , , ,/", - -,' - . : ' ':". " I LI: I Ii' "" .',', . . . . .... , . .'/ ' ,"",.". . , " '" "" ""'" ," '" ,,', ': \' .;\ M" .' j ~, . - -,,,.. " 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 11721,rpllll 2.2 STANLEY CONSULTANTS =-\60 ----'I~-~ _::1 -- I I,: II: r I I l Ii II, :1, I, I 1\ I. " I " !: 1\ I,: I I, . I I I i ,I 'I (: f' :i ~"""'''''fIf"". _~-'III:l~.....- - ~ ,'...... ~..- ..........-------- ~~ .. -. ...~. ---:-yo---- ;------..--- I I " , "'/' -,. '- , -: " , '. 'I ", " ' " ; " ,9f-! "I, I' t , " , , , ", '. " " ";.'., ",..,/ ,,:3' "J." ~",.." ,":',"':,:-:' ~ :; c c . u ST ANLEY CONSULT ANT qt;, Whittf'Uif\q Meadow') <;ubdlVioOlo~ e.o~ Alee lo\Dlil<.lIomt. P....'" LEGEND _-- SITE BOUNDARY lo"'~ Clt~ s..rt.,q Tre.tll'blt PlQnt ABBREVIA nONS AG - AGR I CULTURE EM .: EMERGENT F - FORESTED S - SHRUB/SCRUB o - OTHER LOCATION OF EXISTING WETLANDS FIGURE 2-1 ""Q rL..J I o 1M" ,.. '~ ~T~"\P ~O\jStJL WH~ , , I: I, II /" I; " 1 , \1, , I ,I / If ! i: i ., " I, i , I ( I' , ' ! : 1:1 I: " n ': Ii I' I , I I , I II 1\ I' ,I !i ii ,\ , , ~,. - - '"'~~ -~...~ ..-'......- , , , ' , I ~," '....:. ' " ' , ",:',' , , '.' .' I ILl, '~I 'I I "', ,,", ': " '" ' ~ ./ , ,.,. : , .. u,. " .'.' " " . ' .' " ,~, '~~ ,-.. , . \ .' '. H " ~ atlenuate storm flows, 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 2-4 STANLEY CONSULTANTS ~60 -~ lUllJ .- i : . , . , ~ i' I' II III I!I I;' ;) " Iii iI' " P' (' I, I' i' r .' j'. " i'. I I,; 'I Ii II .I :' 'i ;,! Iflt_" ":.~ " , , " '! ""fIf"'" - - ....,'~--; .'"W\......... ..~.I......---'------ I"" ' " " ,,', .: '" ,,:', ,; I' I?,' ::/- " '/,;] , " ,"', . ' : " . I . ,I . . . ' ',:' ",.;\"" "; I ,~.' .~, ", , I,' / i, " /' J 'r ......-..---... Groundwater in the upper terrace is relatively high and at or just below the ground 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 2.5 SrANLEY CONSULrANrs ;,.60 . ;'_',.."",.:..;"".' . ""'C,~ .~~....,.. I . I ' , ' , . , , , I , , i II:: , Ii I I,j i :i i Iii Ii: (:' , ii Ii 1\ I~ I': i< 1',1 ,{ i II II 'I:. ': ' , ' , if -.. ""fIf"I" .... --"1 ~-. ~--~..-,-,....----~--- ........ , ' I .' . _,:_ .~_ ". :,'..:-" '" , ..' , ;l ,I?- " '- ' , ,",' ,; "I l I., , ,"', ' , \:., .: M'" '. I '-"';_' ',...-...' . '1 Section 3 Storm Water Quality ; , i , ,,' ( ~ Iii II I' ,I Ii I,: I" It " I:! ,\ (ii W '. I,: Il " r , I' :: r/ Iii I II Iri I 1:1 I II II,' !I " " Ii General 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 ;1 1I721,rpl:31 3.1 STANLEY CONSULTANTS ~'o ----. - - ,.,.. ""11'"". -~ I I \ r , '1.~- ~""~';'...." "'qIII' ,,- ........---........--~~ ... -....--- ..- _.~ , , , " , ' , . , (; , '-',;-' , , ',," " I'Ll' I' 19 ' ,-,." ';, .' ..1, '. ;(..;.. , '" 1'" ',. \ }' .:,' '~;," M ' ..:, " ~~'-, ~l' "'~', ,. " ' ,t ':' , . ' - 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 3.2 STANLEY CONSULTANTS 7.6() ......~~.u ... .... ! " , I, i , if I I, ! " , !~, I' 'I' I I, " I I: I (; ; I i L I i r: , I I.i I I I I , , II " lj (, ,I ... I I . I \ \ , 1 , i> ,,:../' 'LI ~(_J C.: ,,' ,,',',': :::. ,,', ,:..', :, ,'_f '.,:~,.' ,.,,:::--,' "", ,':, " .:.. 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 STANLEY CONSULTANTS ~Q j, " \ I, I[ Ii 1,1 . I' Iii II, '1- ; I:, 'i 1 , I , i I I; I i l' I I I Ii I I "f I I ! " I , l i -.."",.- ""fI("" - .-'1~ -. - ~ '" '...... -- -....~ -.......--~---- ...,~ .... --....- -- - ~ ... ,----r"""......-;--------- i , ' ' , " r ',,/"1' L/" ,:/' 'I.:...:",' : ..,' <, ' ';'.' :;.'w' .~;, ,.:,~..'"".~~"",-,',:, ':'., ,- " 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 4.1 STANLEY CONSULTANTS ~Q .Jlll ~- I 1. 1 ' I I i , , i I' ! I, III. . : : , , : ' I i, ~ I I,: I' II, I! Ii' I 'I .1 k I: I:' j.t I: 1:1 - I;' !: III 1,1 I II I ,,' , I I I I II' ,i " ,I ,'" '. r.,' '~' -"'~ -:- " '1...1' .':', ': ' '.. :1 I LI' ;(...1, ;1' " " , :: . . ; :t\ M.' : :; .' ~"., "~"'. .", " '.',., ',." ~~. 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. , i II',. I, 1,1 I' (' \ Ii II 'F I, P 1\ 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. :; i i: II I; I 1': I ji I II J 'i 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, ;\ i ( " I I 11721,rpl:31 4-2 STANLEY CONSULTANTS ~O .~- 11I1l ~". - - ~----....~-- I ' ' , '. ,'" ',:/, Lf- ,;,~' I~I " '" ,~,'-: '" , '-: _' ,',:" '3 JJj, ,"',:', ,;" ,', .' ',':, 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. i' I ;' III Ii 1\ I, " Ii, I' 'I 11' (' " f\ II II 'I i'i , .,. I t'; I I ;' I:: I , , , I 1.1 r I I I II Truce Metals 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 STANLEY CONSULTANTS 'I " ~Q ~.....,.. ""fIf"'" ---- ---~ ~ - ~..".... ........--------,~... -...--- -' ~--~ ;'...... \ ... - ~ . --;--r------;---- \ ,',".';', '~ 8 -Ii":' ,', "'.:',,.,:": .. ''/'1 LI ,:' , . ' " """ . 'I., , , ' .' '! 1,_" ", _/. " ' " , 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. I I , II , 1 i I ii, , ! I!' I I I', i II J " ~ ' , 1, i " I i': I I; I 1'1 I 1:1 I I I) II , 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 d Sol STANLEY CONSULTANTS ~o - . ,," . ' . " .: I ,,' ' LI 'y' ,-t .. ' , ',,', . ',' 1.', ," '." " ,,:1 I ' ' ,,' ' " , , ' .. " , '.- " :' .;, '.,. . . ! ..' ,-:0,1' " , . , 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, I " \ II Ii II' I " :1 , \, n\ ! I; , Ii I I, I' ( I \. I,; I i I II I III II If 1\ :1 :i I: r 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 ~6'o . f . '.,' ,.' " , " .'," ;/,1' ."cl L/' 'I,r ',', ' ,,'. , .' ".. '.: . 'I," ~ '.' :,,' . '.~. I.. , .,.V . ' : . . -/ ,: " :' 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 5,3 ~60 ~ - ... i, , II' I' II' I I I' , r I; , I I, I I i I I I I ! Ii II ,,' I j: I: , ( I; I:j I I ;j " I; ,I ""fIf"'" - - "'1-~---~""~ 1It-'...... f"':'~II'.,L/' ,~8 '~,~, ""':"",.',: , ,.., ",.. , , " , " ,I', . . ~ : .' 't. _ '. i ~, . . .,...,..~" I, t 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, I l Ii 'I Ii 'I' Ii I: ii, i I' 1 I L I i I: I , I i , ( I II I,. I,: I II II , , i I:: 1 j I I 1\ Ii Stnrm Water Control 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 ~6'o -........ "'I/f" ". ----- ---"" ~ ~-- ~-... -...... ",..... ..........------'"""l~ ..... ...-- .... ~.. . ---:-r----. I . I . ~ - .' . r r.. "I I' U' LI, ,;:] , ",...-::,', .:' 'I . :.: N . ~ 1'. . . ,-:t." . :"J' ",'", : . .'" ,", STANLEY CONSULT ANT Top View 1 II I i I , I ii " l I I; I, Il 'I, [:1 " (. I,; II I: I I Ii I ,/ II II " ~ Side View 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 8Y THOWS R. SCHUELER, JUlY, I!If ~ ; c ~ u SCHEMA TIC OF WET POND FIGURE 5-1 I' @ 5!lNLEY CONSULTlNIS ;'l6a JlJIIIIII.UJI&.~J. l>.1III . I ' . . . .'. . :.1./' 'l./. ,LI' IJ ". ,,'. ,,".., , , ' ,,' .;:. ' :... .'; -:. . :,7]) :' .. " : .' ,: ::..' :. , . . ~ ! : ' ! " f I ' ~ II Ii I. Ii . Ii i: Ii' i W I II 1'1' :'; I . . Ii I:i \ :1 I I I I I II II i Ii ST ANLEY CONSULT ANT Whi.~tt""" Mtado",' ",u.d;vi..;.~ ~or1Airt "",bile Home p.,.1<. I I I I \ . \ , i \ I ~ ~ ii/ ~ LEGEND r---- I I lo"'~ CII~ So".tAf~ irutmblt PlQ.t I BOUNDARY BETWEEN -.-.-.- DEVELOPMENT ZONES MAJOR STORMWATER ...~~_._..i CONTROL FACILITIES ___ SITE BOUNDARY ~<- FLOW PATTERN PROPOSED STORMW A TER CONTROL FACILITIES FIGURE 5-2 () . I r1-J I o ,..... I'" ii :; o o . U @ SUI/LEY ::~S:;\.UNfS .""". ..,.". - - "1-~- ~- ~ ..-,...r---- ..... ..,- --- ~ff .. ..... --. ...- -' ~---;............----....-- I . ' ~..' ..' /' , . y' .Ld'~' /-:-,' , , ...... . ' " "; , . ..../ ',.' 71! ..' , , " . ," ,. "\ ,..' ,I \ " '': . " M ','.. ... ~" I' 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 ~Go __~1. .-.-- 11:1. , ' II[ " i: I ,I ~ 1\ !i IT " Jl !: , I I' II I :i I; \ I II ~, ' !; I,; Iii II " " I, I -........-"'lIf'f'. - --'" -- ~-- ~ ..-'...... - .",.....-..........----------..,ff ... ..~-_. ..--~. .' .,.~ .' . . f _\,1 ' . . , ,'. ' :1/" ..,L/',:L/" I~i .' ,''''; , ,'''" \: . I " ~;~ M' :~. . .'. ~ \ "M ' ".,:.J) ':, -,"'. '. :~. : 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 ~o ",,:liI " i I Ii' II I" I r Ii " ir I I. : ' Ii , II , , I, , I' i: I" II i II II , 'II I f' " I , tl I I I I I' J , I I , 1 II I I I II " 'I I , i I I , I I ,. i , , , , I I ,\ - -~~~ -...-- 'l.4 ",-' ....... -~ ~"-... -......-- -'ff ... ~~ ....~~ , , " , I '''' , . I "-, ' -t " . ,',' ," ' '. : ,I / ' L..I " ,L J ,':I ,', ",' ,,' . .' 1 ~':,3 . " \: ..' .~ .. ' ,\. . 1,. _ ",.~ . . \ 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. , , I, ~ I I' Ii ,II \t I" I' 1\' , I: I n " i', 1;1 I'i I' ill I' ,.. ,I Ii 1\ ' II i' I; 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. ,\ 11721.rpt:31 5,9 STANLEY CONSULTANTS ~6'o L UK - -........ '"11"'1" - ~-'1 -- ~- ~ ;'..." ~ ~ -.rw-------.....- -~ff . ......--. .. -~~ ........,..--......-;---- -- I (' ,; 1 ,. L,"" L'I "1'9'';''''' ,,:."".....',: .',' l' - ',. . - - " . - .'.. , . ..', , ",' \' ...., ", .- ". I' - , I . . ,...... ".' 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 ~60 ___ ""-.M - , , I ~ I,' II II' I " II 1:1 :;' I i)' I I; I, H I': I, , ,', 1:1 :., 1.1 " ,i I,: il 01 ! ,,\ i " 1 I , II I II I' I~ I , 1 1 I I 1 'I I I -~---...--'4 ~-'....... /" " . ' . . r' ,'i - " , I" L/' L I' I~.' " "", I I: . ,.1 _ , r : '. "11.. " ): ~ :f I. ' .'., ...' . ,',' I.;. . . , 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 STANLEY CONSULTANTS ~60 , ; I \ , " I, II' 1\ II' " Ii I ,! ~ ,,, 'I- I I. I: I. I, , " i (. ,J I , I Ii , I ! I I) 1 , "I , I I. I I I I I I I, " " I , I I , I , 1 I I ! ~.....~ ..-'.........- , ..'- . ''". . I ' - -, -' ..! " " '.1 I,Ll.' "L /,:1" ,,', "'-,: ", ' t ;', .;,.. ,'. L ".3. ,,...~ " "... ",' . STANLEY CONSULTANT -l'fr G,~ 'Jl" 1>.. N Whi.ptf."'I Mec.do",' ",ubd;v;..io~ e..~Ai'" ""'bile Hoooe PAf~ r- I r I I I ~~'~'7'1'" l~~':::'1I~\';zL'~t;:. i { I ; J ~ _ ai, f --- LEGEND MAJOR STORMWATER CONTROL FACILITIES SITE BOUNDARY PROPOSED TRA I L I.~ CI~' So.'.tO"l" ;reotmblt PI..t ~ :; o 3 r-L...J I " 1M... 1- PROPOSED TRAIL SYSTEM FIGURE 5-3 ~60 @ SUNLEY CONSUL!lNYS i , , ! i i i, I I I , . , ~ r I' I II' I:, III Ii /.,i 'ii, 'I ii' i I': I " f:;' . Ii ! '[.1 Ii ;1 "j Ii 'I " II I II I :1 II' Ii I , , -:....... .".."r ..... ~-.., ----... ~-- ~ ..-'..... - - -............----,....-----.------- i ,; '/' j: '1 ',t-' ..",' l '.', ' ,',', ':',"', ..' - ,I. l'f--., fI,'. J, '.' ' , ' , : '>. ,':: ~ ... ~ " ...;..J' , " ..." , ,. , / \, ;- ! I . 50% phosphorous . 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. , I ; i I ~ Ii I': Iii Ii l,i I' II! .I T , " I '1'i " I;: I,I L , I :i " I; I' Ii 'I ,/ 'I l:J' , Ii il I .I!' 1 II '. 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. "'1 . I 11721.rpt:31 5-13 STANLEY CONSULTANTS " ~60 'j, " i '. , :) , .. \.) llt:' , " , . , . .I I 121' r .:1 ' ' -,' ,'. , .', ' ,:, ',':-t. " , ' , : ' " .. : " , . . ',.. , . . ,.' ' ,- " ,~':' ," / >'1 4," " " '- .--=-- -...-._----~ -, I 1{~ LJfJA ()JJ 5t. ~ 5ri. {iJJL. /1wn 5 (!, jo7 ~ of Ul1i1 ). , , I '.........,_,..;,:;..t..,...._...,...,'."'''''.-..~- i , I i I 'i i I , i i 1 I , , I I . I i I j , j' j' I ~ . 1. ~ i j. j: I, , , , i i: i I 1'1 ,Ii " " II ' F i! I': ii' Ii '1,','1" ..' I,' H I " I,j" "1 J ," I l" I: , .-,. " I I i', i H. I ~60 . ! I i, i, . , ..,.". - I~Q; I I ! I , ! .. ! - "'1-----" --:- --~....- " ~, . \'. ( , . " j - ...:.. .- ' ." ,', , I' 1'1' 1 '-4' ',',' " . .1 ~ t .' L ~ - :, ,,7J:, I, " ',' "'" ' ~ '. '".. , __. 1~. / '\ ,~,' . 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 ; ! j i Ii' ~ I II! II I' II' :! " 'I I; II. " , r I " ,: 1\ , 'I I;' I' ;.1 I' I,: " :1 ,I :' ! I II I ,I , I d , ~ (", ,,' ~L ___ " i \ ,', '..."....,.."..,, -. ~- . I' '. ',"- ,,-'" 1'1 ,', " '.,;,' ,/,1 L.I Lt,,' : .",", "'; , \: ',": M .~: '. __ 'I.. ' ' ,', ,r ;' '1 ), . ~-, 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 i , I , I I I I I ! i I I, I I I I I , , , ! , , : ' j' II ! , I, ~ II . II ,1\, i1' I; 1< ,.' I; I,! ,1 I I I i, , , il q", ," " I I , I I '.~..........~... .... ,,,,,,,'_h _ . , . -, ' .' . " . , !", I' 1"1 ,- /-" ,,' '....' , ...:/ "I{.....,. t, ~l ',' , , " , ,'l', .LL" , ' , :.- ',oO '. - ,....., . / . ' 1 J, ~, 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. ,,' ~'" , , Iii I:, I, I," ': I, I,: \ Ii iI, Ii, I, 11 ,j: I I I , Ii 'I , " il II i '" (, L; I,! ( , ) 1 I " " ': :! Jr' - t I ! , , ~ . ~ - ~ -----... -:- --~--- . . . , " '.' f:' '.' _ I - """, ..': '. " 0', ,',:,.J. F/., ,~t', I~, ' "", ,,',:' : . ,~ / .' . '1 J." '- H_.. 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 I I I , I I I i I I ' I I I I I , I I i , ~6' Ii I I, \:1 " " ~ II I' II jij: " i r, , ;1 " . I 'I II I' I I ' ~ I;' I.' " Il! "':1. I J " i .1/ I " , , :,/ ;, I . , ' ' . I ' I 'I' L/' 'L' " -t ' " , ", - . .I.. :1 ' -, I . I . . . , ' ' , J.,"" ' " ' , .. 1" . --.' .. , " ..' " I ! " / ~ ' 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: ~fo' I' I , i I I i , i , I , , I , I, I I I r l: i; ',I , j' Iii :I i, !i ! II II Ii I,' I l" , 1 i " l' ',' r [, I 'ii " '1;11 ;:. Ii ii I': II 'I I Ii II . , . , " . . , \ f. -' '-, -, " , I /.' 'I L 'Id " . " ". ,'; ,It- " , :],,' , ' , , I ~ ...; _ ",_ . ~l.,...-,. ' ~'" ' / /~ \ , 1 j 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 I I' 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 " ! I Ii ,\ il I" i!' I: I I I j " ,,' 1" I.:' Ii! d I I I 11 , ,..' Ii . . . " r " - -'I~-'" .- ',I .' . ". ,.' ,'.I ,I 121 ,.-t' ',,' ,,", . . I : . . . .' ',' . ," ~ ,I . ". , _ , : .. 't'M' . - .-. ;' , '1 .. " -.-..'---..- 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. . ~I , , ~ ' , 1'; ~; , ~ II: Ii I ~ ,! II, i i! I;" I I: " I' I: I I ':1 , i' t< :1 (j II 1,1 I: 'I I , I J i i , i II. ,.J " , ' t " "," ,'- ""'.' f-:t ,"'.,,', ,~. , ,:' ." ' '/ ,b " " " '. .. I "I" t.,. ,,' , '" . , .. ' . f...11 , . "., : '.; 'M' ,,, , _ -,,..... ~ I 1 \., ;' , 1 r .... '---., 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. 'J.bl "__h.. ._. ~ ! i i . !i ~ II Ii I' I: " ,I II: " II " j I ),j I I i !, I I:i I " I' I:J , , /, I I I I I I !, I I' i '1 , :\ "............,.". - I 1 , '} - "'1.---..-: -'"W\..... ~ ..~.' .......- . J, ,I ", " I " _') ,. \ ' , :' ,':1 I LI 't~" ,/! ,,'. ' . " :' I .,1,., .'. '. _ .~.d. ~t I,t,..\ "" ,. . ,I / ,:' '1 -~ 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 ppdldmln\ffbh,ord ';)." -- -------- ., , j Ii " I, Iii I' ,I il 'I , 1'1 I" , (' . ~' ; ! ; " ;j 1 " ,i i; ;'j I ,,' , ,I (; ) I ,,. I, 1,1 II " i :/" !, i , 'I I i , :1 -,... ..,.". - --'-.:1--~ ~-- ~ ..-, ........ ~ ......." ~--------- ... ..,~..... .....--- ...~.. f " -', \., " .." I '" ",1/. (I, ,/.i ',.:),1, " ."',. ,.' >, : . " :" \ . ~,' ~ ". 'I.Jf ~ '.' ',' (, ',,' 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. . , , , . I , ~ I; I' I" 1\ ,) I '" I I I ,. !: I " I" (; 1,1 I'; [I I,) " Lj ! I I I I I I I I I I' II ~ " 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 tp5.1 ! ~'" , , ...-......... ~"... ....... ---""' ~ ~-- ~ 'It-I..... -- - ~ -.......... ....~ - - , " , " " 1\, I 1"71 th' s-t- ,'"..', ,,' , .' ,.I' L' ': '," " " I ' ' ' .: t "'11 OM " '_" ~,\',.... '.' .:' " ' ;' . '1 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 ~,Ibh ~"" - IliJML i : i . , . i: I I I , 'I , I Ii , Ii r iF . 1\ I, I: , , j. " , 11'. , i'i 'I " I I:! I I ,,' " I I I Ii , , I , ";+ I I I I I ,I ~"... - --~'1--"--; ~......~ -, ---~......--...----- "', ..." I " 1 "- ' ',', ,'" , , I I I LI f' . Lt" " ' , . , " ", . . . . 1 \ -:-t ' . j , ' , . . .~. ~" ': ..". 'M ~. ,'''' . .' , / " , 1 J 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. aWaI] ~a1V!11"rfi'~.111 I j; ~ :-;w;.;.m;' '~ 1m &+,.""NB~ '@liFi' WIt( 1#1 I i' ~,gt~QO;~~!!L~~koJ1q9.; ! Ii sWrss y;.;.;w;.;;"" , ! , :, , ir 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' , I. operated) liB] '" dry cleaning machines. 1'1 , 2. CB.5 None required but where pro- Iii r, , vided a maximum of one (1) I 1,: parking spaee for each 500 II ' , square feet of floor area shall , I ,,' ., be permitted. I I aWAt!~B tIhe:llllp8iRlogg~ I I ~-"" I'i_ "~r%]" " !t. )If[oj$lULleSf~m V' " I 'I .t~;8 '\-w. , , @IIl!I " , i. Laundry & dry cleaning 1. Where permitted One (1) parking space for 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. 144 ppdodlrinll",.omd"m .I ~'" "~ .I I" 'I....I ' t' ' "j~-, ( .. ,'..: .', ,,:', ,': , , ',. ' " , -.. . 1 1 , I " , ' . . . ' .. . . _. . ~ I . t . . . I "M . I - ' ,-.~ . ' . " ' / . '1 ! , , ':,. " . , . , . , . ' . !. :11 "',LI ,'L, ,"'/~:' ',".. ',,' '" ',' " r1 ,,~ , ' : . I ~.. - ~ . _. / " "1 , 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 , 1 ! square feet of floor area shall , , 0 be permitted. ! ' i: I Ii I' 'I: II p. Rental agencies. Where permitted One (1) spaee for each 500 ! Ii i I' equipment & supplies square feet of interior and " " li , I!i exterior storage for , Ii' area I rental supplies and equip- if !" !r " ment. 0 :\ Ii 1 I' , ': , ,,' i' I': , q. Restaurants & esteb- 1. Where permitted One (1) parking space for , r; " Iishments dispensing except CB.5 B'@ eaeh 150 square feet of floor \ ' :1 ',I , Ii food or beverage for lmroJ M.' area, or parking spaces equal i' II I: " eonsumption on the in number to one.thlrd (1/3) ,1 I i premises the occupant load of the ' ' I seating area, whichever is I;, I" I less. I I II 2. CB.5 None required but where pro- f: I' I! , , i' ! ' vided a maximum of one (1) I parking spaee for each 500 square feet of floor area shall be permitted. ~llnll1 OQiE&HltAA'r;~r"oll ~<:::~'\W~>>>,,>>;~_;;sNa" ';>;'.'.k::-:'i* m I: ecllt(!QQlqYm1Iilld9SQ , U~ " I" ~ra i I I ! 146 ppd_"Oll,wnnd"m !! oU "'..,.,... ..,.". - , I I ) :.:i -- "'1 ------... ' ~..... ~ "'-'...... -- ~~.. ........--------..~ .... .... --. ...-.~~-....-. \ , , ( - " - ". . '1 LI t I ',: "t. ..., , ' , , . '.1, :, "1 ./' " " . . .1,. '. : I';,' ,", . --' ',,- : " " ';..' / 1,,-.\ , 1 I '., , '- r. Resteurents - drive- Where permitted One (1) parking space for 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. lMiEI OnWilftibparllfliall i !'a~~$!m~I,~;!~6'tJtRq , ij \ 'II ~ol.'>>>:l II I,: t. Studios & stations. 1. Where permitted One (1) parking space for " Ii Iii radio & television except CB.5 each 400 square feet of floor " if area. , .j I' " 1 i: . None required but where pro- 1 'jj : I: 2. CB.5 , il I : ~'. vided a maximum of one (1) , I: I parking space for each 500 I' II fl square feet of floor erea shall (, be permitted. i , 1 I ,,/ I: I I,' , I I II:! . 'I' I 'i' , , ppdldmlo\lon.WMd.lm 147 -.W ;1 " lUiL _ ...,..,.. ...... ~"l.---..... -9\--~..-I....-.--.--- .......... ..---- . ': . f ,-,', .. I ' L/'. t' .' f=t ,,' , , ," , ' " ':- . .1 ' " , ..,. I, , . ,'..'.1 . .. .' J, ~ l .','M : '~:" -,..... , ." . / , , , '1 ..-".'. "- ! I 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 ' , i: , , vahiele Is loeated, except for special vehleles of guests, as , ::1 provided in subsection 3 below; !I 1 Iii I , 2. Be in oparational eondition and properly licensed as required by I I' 1 state or federal law; ( Ii [" " /\' 3. Not ba used for dwelling purposes except by guests of the :: i , property owner or tenant for a period of no more than 21 ( , Ii , conseeutive days or 45 days In any ealendar year (an axtension 'I j.. may be approved by the City Manager or hls/her designee); (, r:; I Ii 4. Not be used for storage of items other than those conslderad to I f! be part of the unit; and I I I I" II 5. Not be parked or stored upon a vacant resldentlallot. II II II I, " , , ppdldtrin\ronuI'md,lm :1 143 ~fo' _ ~"1~- --....... ~ ., ,-- ~ -- -......_~~- ~ .... .'..,ff.... .... ---' ... -.., 1.......----.-- \ ,. . ,,' , ./:1 'Lt' 'J,' ,,' 0 \ ': " ,.,.:,,',,'.. ,;' ,'.~:.. - _ I,' ;', ':,'~ ',' :, t"Q 'J, "" : 'r,' ,': .'~, / . " I 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. 140 ppdodmn"""OMd,rm ~~I - . it , , . : " , :, ~ I I,: Ii ,: " ;i ii :1 I' 'I, Ii ," . Ii I: " :1 I: I' , I' Ii II I II Ii , I I !I II " Ii , ., ; i I I I I' I , j, , , " . " . . . ." " ~,', I' 12/" ;"';, . ,'I,T" ' , . ':.' ' i '" , : I ".~ :'M . "~.', t" M: ~v -, ""."".' . " ',' ' , .. .. " ~-- 2. .sJgn: Facia (in ID-RM, RM-12, RM-20, RNC-20, RM-44 and PRM 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 mr~~ta~RS 12r.wil'll)1[~:dll !J1~J~tqat~\glrg&VMU~ . ~tvJif\',.~Y&t~/~.O" . 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. ppdm;n~OII,IIIIld,rm 141 j,~ " -------.---------- --'-'. .- - '. , , , ~.. " .j J ; ! I Ii! I!!. I!: ',\ II, Ii! !I' /' If I'; 1.\ I 1) '!i'il' .., , I !i: I I': .. . 1,/ II I I) , i , ; ; , i I . t r , i I, Ii Ii I' i\ .,...,.,... ..,.,.. - \., ~~~. ....-- ~ ..-'....'" -~ """".... ..........----........-- , ' ". " :1 I . ,c/" "1-;-1" :t I ,'.' ,,'. ,':,,',' ': \'~'I""~"'\' ""f .~I't.." "::" ,", / '1 '!' 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. 142 ppdodlrin~on,omd,'m ~~ J.L.. I I I I , ' , 'I I, I II I: I! ii 'I 'I' ',". " , " '; " i !' i " " " 'I ,: ,il r, " I I; I i'i I ,,' " I , I "j/,' IL if Ii .i. 1 i' ji Ji 1 ,\ (:, 1 I l: , ":") I i I ! " I , \ i i , :' :1 ! ' ' "- '- -(' ":, ,,' , " , ,'./ I'Ll . 1'/,:' ','1.. ,", , ' "...",' '.. 'r-;,:, 'i,.~ :,. ;"1:1." ~;,' . "". ,',' ,~'" 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. I',. . ~ 'I 1\ !. '!i i: Ii: I I I Ii I,' , 'I i': \ ! I,: 'I I I i I: II " 'I J, (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. ~~ ~.....".. 'fIf' ". ----- ---"" ~ " .-'" ----- ~ ..-, ......" ~ -- ~... ... .....--~ff.... ......--. .. --. ~.... . , . , !, "'I L' I' "':-~I ";~- ' , " " '. " ','.- - '/' " . '.'. , . < : ".1, 'f".' ~,' . "., '.. : ,..~.,,' ". ", .: ,. ,. " 2 (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. , . Dimensional reaulrements. ' , (e) , " I !' I, \ (1 ) Minimum lot area: 4,000 sq. ft. t II: 1\ (2) Minimum lot width: 35 ft. 'I: i: - li :1 Ir (3) Minimum lot frontage: 20 ft. on a public street or an officially I,' ' I!' 11 approved place. I: I' i: . , " 1,1 " (4) Minimum yards: I i" Front. 20 ft. ! " I,! Side - 5 ft. i. \1 Rear - 20 ft. or 30 ft. at RFBH Zone boundary I 'I , i:/" I 1 i I 1 (5) Maximum building bulk: 1 I I I I Height - 25 ft. I i II ' t , . Building coverage - 40% I " " I, Floor area ratio - None I' i (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. ~'" , I "-- ~ r ~ ';; 'I L/' :1-:1'. Irl" ",' ".. ',',.' ,':' , ' " , I , '. ' ,'.:. " '" J' .' ,. I ~ . :, , )1.. r, .... l' ,_ I . 3 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. , 1;'1 [ . I: 'II. i\ . 'i I. k Ii' I I' " J\ I,,' :: !" I: : I,: : jI II I,' !I t (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. ,I I , \ ~~ ':.,.1 ....... ~ ~~-; ...........qa...~.'~...- --- ....~.... - - ..,f.... -.... .,,- .... ~.. !... -~~~ \ ! ,: 'I ' , .7/ ' ..,,7/ .' '171-' .' , ' ,,", ::' , ' .1 . . tt..:. . ~'., i ' t ., ' , .1 " " "")'," ': '. I'" 'M .~, ,', .~ <-~. " , ppdodn/n\36-0rtbl1 .~ '. . "., "oc.",,,,,,,,, / ,:', 1 I '" '- - --, , , 4 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. ~"t -' ',' " I , f I I' I I I j i' li " i 1 I I: I I:' I i: \1 , I I!I .1 II , Ir I' /: '1:1 ~ ii' I: Ii, , ' I~ 'I I,; I I"~ II ' 'I , I I II,} :: i i , , , , ,. - ~\ - '1 -----;----~-- '-a ..-'......- -- ~.... - - T~ ~ ~~ ...--....... . .,'. . , ". , r..' _. '._ '- -' " , , , "-I ' f' I', t 1 I~""" ' ", , , " ," I" " 'l , ' ' , . . . '.. . . . ' ,:' _: ,- _..,--. , / '-' \ , I ,I li.-UuJ/l(cL f~1 09/ J/t . . . 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: t;1,~1 -(D (}!I 5 fq L/ 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. eJ"klpflvpest,lIpm ~~, i ; ! I : ! : ~ ):; ,; I I: 'I: " I,: " I" " I: I: \ Ii II' t' I: " i," ,;: ( " , ' , ,I II , ,',; 'i i '" " I , I " 'I , II il. "'fII/IIf"'" _ - "'___-un....- . " " .' . ',' '. . -I t-I "f-1' ,{ " " " ': ,.' ' ,.... '1'-' ", ' , " l.,o,: " ' , '" '" " " .~..;-:,' '..:... ..','.....;,..:.., ~"-,.' .,' L :,'",\".: jJJ.At.f 6Uf WI K (J)d!/YI~ on JjJ.1 -ftrJYf1 CI~ o.~, ~, '.....~,&. CITY OF IOWA CITY I * * * NOTICE OF PUBLIC MEETING * * * I TO DISCUSS , I A PROPOSED ORDINANCE REGULATING PRIVATE APPLICATION OF PESTICIDES i, , , ~ i' II Ii I' I Ii Ii I j.. ", I' Ii I, /, II , I: " ,,. 'I I' I; " \1 I,: " ,) I I i I i II .i '! , 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. .i ~~, , , , , " lb' . "',':., ',:l, '(I ,:':rt, ,;~t ',' : ",.." .. : '... . ,~ _ ~..' ',:... ,..,' " ',<,"' l .~ , 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," ~~, j, , ,. Ii I i 11 Ii I' :' !\' j I' If i " . n i 'i I , i ,:j !; I Ii I,! I II :i I . l~ I I , il :1 t f' ! I I I ,j I ,i ..,.,. - - '"'~--,.,~ . ':;. 'j~!' '~rr ",fl" I~ ' '" "..,:., ,': ::' , ... _ _ _. ~ r . " " - 2- 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. ; : , j:- II!I ,I Ii II I " I Ii' I;: ,- : ~ 1'1 f; 1'1 , :1 I,! II " I Ii I I II ' !j I :; , i i , , I I I i , I I I ! 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 nmemol\prlvappl,1MlO I ~b' ........ -