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HomeMy WebLinkAboutPZ Agenda Packet 10.21.2021PLANNING AND ZONING COMMISSION Thursday, October 21, 2021 Formal Meeting – 7:00 PM The Center – Assembly Room 28 S. Linn Street (Entrance on E. Washington Street) Agenda: 1. Call to Order 2. Roll Call 3. Public Discussion of Any Item Not on the Agenda 4. Case No. CPA21-0002 Location: SW corner of Slothower Road and IWV Road A public hearing on a proposed amendment to change the Comprehensive Plan future land use map to Intensive Commercial and Public/Private Open Space and to change the Southwest District Plan text and future land use map to Intensive Commercial and Vegetative Noise/Sight Buffer for approximately 79 acres of property located south of IWV Road SW and west of Slothower Road. 5. Case No. REZ21-0006 Location: SW corner of Slothower Road and IWV Road An application for a rezoning from County Agricultural (A) to Intensive Commercial (CI-1) for approximately 53.36 acres, Interim Development Commercial (ID-C) for approximately 17.03 acres, and approximately 9 acres of land from Rural Residential (RR-1) to Intensive Commercial (CI-1). 6. Consideration of Meeting Minutes: October 7, 2021 7. Discussion of Commission meeting day and time 8. Planning & Zoning Information 9. Adjournment If you will need disability-related accommodations to participate in this meeting, please contact Anne Russett, Urban Planning, at 319-356-5251 or anne-russett@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Planning & Zoning Commission Meetings Formal: November 4 / November 18 / December 2 Informal: Scheduled as needed. Date: October 21, 2021 To: Planning & Zoning Commission From: Kirk Lehmann, Associate Planner Re: CPA21-0002 – IWV/Slothower Comprehensive Plan Amendment Resubmission BACKGROUND: On September 16, 2021, the Planning and Zoning Commission held a public hearing on a requested amendment to change the Southwest District Plan and Comprehensive Plan future land use map designations, and related plan text, from residential, open space, and future development to intensive commercial for approximately 79.4 acres located south of IWV Road SW and west of Slothower Road. Staff recommended approval based on rationale detailed in the staff report dated September 2, 2021 (Attachment 2). The motion to approve the comprehensive plan amendment failed by a vote of 3-2 (Padron and Townsend against) because a minimum of 4 votes is required to recommend approval. The applicant, MMS Consultants, applying on behalf of Matt Adam and IWV Holdings, LLC, has submitted a revised comprehensive plan amendment (Attachment 1) for consideration. ANALYSIS: The Iowa City Comprehensive Plan serves as a land-use planning guide by illustrating and describing the location and configuration of appropriate land uses thro ughout the City, providing notification to the public regarding intended uses of land; and illustrating the long -range growth area limit for the City. Applicants may request an amendment to the City's Comprehensive Plan with City Council approval after a recommendation by the Planning and Zoning Commission. Applicants for a comprehensive plan amendment must provide evidence that the request meets the following two approval criteria in Section 14-8D-3D: 1. Circumstances have changed and/or additional information or factors have come to light such that the proposed amendment is in the public interest. 2. The proposed amendment will be compatible with other policies or provisions of the comprehensive plan, including any district plans or other amendments thereto. The revised submittal contains the following changes from the original submittal: 1. The addition of an approximately 340- to 350-foot Vegetative Noise and Sight Buffer along the southern property line in the Southwest District Future Land Use Map. 2. The addition of approximately 340 to 350 feet of Public/Private Open Space along the southern property line in the Comprehensive Plan Future Land Use Map. The purpose of the new vegetative buffer is to reduce the potential undesirable side-effects of the proposed use, such as noise or unwelcome views, from future adjacent development. These new future land use categories typically correspond to open space areas that are free of structures. While this can indicate parkland or natural areas, in this case, it will likely be used to preserve sensitive features and to provide for stormwater management. This is consistent with how these future land use designations are used in other areas of the City. October 21, 2021 Page 2 Figure 1 below shows the original submittal reviewed by the Commission on September 16. Figure 2 below shows the revised submittal, which will be presented at the public hearing on October 21. In Figure 2, Tracts 1-3 would become Intensive Commercial while Tracts 4-6 would become Vegetative Noise and Sight Buffer / Public/Private Open Space. Figure 1: Original Comprehensive Plan Amendment Map Figure 2: Revised Comprehensive Plan Amendment Map October 21, 2021 Page 3 The proposed revision clarifies which areas of the subject properties are intended for intensive commercial development and which are intended for an open space buffer. Proposed changes to the Southwest District Plan text also continue to apply. As such, the revised amendment does not affect staff’s analysis detailed in the September 2 staff report (Attachment 2). However, staff has updated the staff report packet with current exhibits and added a description of intensive commercial land uses in Appendix A of the district plan for additional clarification. Overall, staff still finds that the approval criteria are met by the applicant’s revision to the proposed comprehensive plan amendment. PUBLIC COMMENT: In addition to public comments attached to the updated staff report packet, 9 members of the public expressed concerns with the proposed plan amendment at the public meeting. Their comments, and the discussion, are included in the September 16 Planning & Zoning Commission meeting minutes (Attachment 3). STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve CPA21-0002, a proposed amendment to change the Comprehensive Plan future land use map to Intensive Commercial and Public/Private Open Space and to change the Southwest District Plan text and future land use map to Intensive Commercial and Vegetative Noise/Sight Buffer for approximately 79 acres of property located south of IWV Road SW and west of Slothower Road. ATTACHMENTS: 1.Revised Comprehensive Plan Amendment Application Materials 2.September 2, 2021 Staff Report Packet [Updated October 1, 2021] 3.September 16, 2021 Planning & Zoning Commission Meeting Minutes Approved by: __________________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services (319) 351-8282 LAND PLANNERS LAND SURVEYORS CIVIL ENGINEERS LANDSCAPE ARCHITECTS IOWA CITY, IOWA 52240 MMS CONSULTANTS, INC. ENVIRONMENTAL SPECIALISTS www.mmsconsultants.net 1917 S. GILBERT ST. 09-27-2021 REVISED LAND USE PER CLIENT -JDM JOHNSON COUNTY IOWA 05-20-2021 KJB RLW RRN IOWA CITY 10355-010 1 COMPREHENSIVE PLAN EXHIBIT 1 1"=200' IWV ROAD SW / F46 SLOTHOWER ROADHURT ROAD SWALBERT AND FAY'S FIRST ADDITION KAUBLE'S SUBDIVISION NW 14 - NE 14SECTION 13-T79N-R7WSW 14 - NE14SECTION 13-T79N-R7 W SE 14 - NW14SECTION 13-T79N-R7 WNE 14 - NW 14SECTION 13-T79N-R7WNW 14 - NW 14SECTION 13-T79N-R7WNE 14 - NE 14SECTION 14-T79N-R7WSW 14 - NW 14SECTION 13-T79N-R7 WSE 14 - SE 14SECTION 11-T79N-R7WSW 14 - SW 14SECTION 12-T79N-R7WSE 14 - SW 14SECTION 12-T79N-R7 W GRAPHIC SCALE IN FEET 0 1"=200' 20 50 100 150 200 COMPREHENSIVE PLAN EXHIBIT JOHNSON COUNTY, IOWA PORTIONS OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN PLAT PREPARED BY: MMS CONSULTANTS INC. 1917 S. GILBERT STREET IOWA CITY, IA 52240 OWNER/APPLICANT: IWV HOLDINGS LLC 2916 HIGHWAY 1 NE IOWA CITY, IOWA 52240 LOCATION MAP - NOT TO SCALE SITE LOCATION PORTIONS OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN TRACT 1 COMPREHENSIVE PLAN CURRENT LAND USE: RESIDENTIAL 2-8 DU/A PROPOSED LAND USE: INTENSIVE COMMERCIAL SOUTHWEST DISTRICT PLAN CURRENT LAND USE: SINGLE FAMILY/DUPLEX RESIDENTIAL PROPOSED LAND USE: INTENSIVE COMMERCIAL TRACT 2 COMPREHENSIVE PLAN CURRENT LAND USE: RURAL RESIDENTIAL PROPOSED LAND USE: INTENSIVE COMMERCIAL SOUTHWEST DISTRICT PLAN CURRENT LAND USE: FUTURE URBAN DEVELOPMENT PROPOSED LAND USE: INTENSIVE COMMERCIAL TRACT 3 COMPREHENSIVE PLAN CURRENT LAND USE: PUBLIC/PRIVATE OPEN SPACE PROPOSED LAND USE: INTENSIVE COMMERCIAL SOUTHWEST DISTRICT PLAN CURRENT LAND USE: VEGETATIVE NOISE AND SIGHT BUFFER PROPOSED LAND USE: INTENSIVE COMMERCIAL TRACT 1TRACT 4TRACT 2TRACT 5TRACT 6TRACT 3TRACT 4 COMPREHENSIVE PLAN CURRENT LAND USE: RESIDENTIAL 2-8 DU/A PROPOSED LAND USE: PUBLIC/PRIVATE OPEN SPACE SOUTHWEST DISTRICT PLAN CURRENT LAND USE: SINGLE FAMILY/DUPLEX RESIDENTIAL PROPOSED LAND USE: VEGETATIVE NOISE AND SIGHT BUFFER TRACT 5 COMPREHENSIVE PLAN CURRENT LAND USE: RURAL RESIDENTIAL PROPOSED LAND USE: PUBLIC/PRIVATE OPEN SPACE SOUTHWEST DISTRICT PLAN CURRENT LAND USE: FUTURE URBAN DEVELOPMENT PROPOSED LAND USE: VEGETATIVE NOISE AND SIGHT BUFFER TRACT 6 (NO CHANGE REQUESTED) COMPREHENSIVE PLAN CURRENT LAND USE: PUBLIC/PRIVATE OPEN SPACE PROPOSED LAND USE: PUBLIC/PRIVATE OPEN SPACE SOUTHWEST DISTRICT PLAN CURRENT LAND USE: VEGETATIVE NOISE AND SIGHT BUFFER PROPOSED LAND USE: VEGETATIVE NOISE AND SIGHT BUFFER 1 STAFF REPORT To: Planning and Zoning Commission Item: CPA21-0002 IWV & Slothower Parcel(s): 1113202001, 1113201001, 1113226003 GENERAL INFORMATION: Applicant: Contact Person: Property Owner(s): Requested Action: Purpose: Location: Prepared by: Kirk Lehmann, Associate Planner Date: September 2, 2021 [Attachments 5, 7, and 8 Updated October 1, 2021] Matt Adam IWV Holdings, LLC madam@spmblaw.com Lacey Stutzman MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 319-351-8282 l.sexton@mmsconsultants.net IWV Holdings, LLC 2916 Highway 1 NE Iowa City, IA 52240 To change the Southwest District and Comprehensive Plan future land use map designations, and related plan text, from residential, open space, and future development to intensive commercial To allow intensive commercial development South of IWV Road SW, West of Slothower Road Location Map: Size: 79.4 acres 2 Existing Land Use and Zoning: Agricultural & Residential; Rural Residential (RR-1) in Iowa City & Agricultural (A) in Johnson County Surrounding Land Use and Zoning: North: Agricultural; Rural Residential (RR-1) & Residential - ¼ Acre Lot Minimum (R) East: Agricultural & Institutional; Neighborhood Public (P-1) South: Agricultural; Rural Residential (RR-1) & Agricultural (A) West: Agricultural; Agricultural (A) Comprehensive Plan: Residential 2-8 Dwelling Units Per Acre, Rural Residential, & Public/Private Open Space Southwest District Plan: Single-Family/Duplex Residential, Future Urban Development, & Vegetative Noise and Sight Buffer File Date: May 27, 2021 BACKGROUND: IWV Holding, LLC owns approximately 79.4 acres of property located south of IWV Road SW (Melrose Avenue in City limits) and west of Slothower Road. The owner is working with MMS Consultants to prepare three applications to allow for intensive commercial development. This specific application (CPA21-0002) proposes to amend the Southwest District Plan, part of the Comprehensive Plan, by changing the future land use map designation of the subject properties to intensive commercial. This includes some changes to the text of the Southwest District Plan as well. Attachments 7 and 8 illustrate the proposed changes to the plans, and Attachment 6 includes the applicant statement describing the rationale behind the request, along with other application materials. The Southwest District Plan, adopted in 2002, includes the subject properties in the growth limit of the Weber Subarea. The future land use scenario indicates the properties are primarily appropriate for Future Urban Development, with Single-Family/Duplex Residential shown along Slothower Road to the east and a Vegetative Noise and Sight Buffer to the west near the proposed alignment of US Highway 965, which will run south from the Hurt Road alignment and along the eastern edge of the Iowa City Landfill (see Attachment 3). The plan describes that limited residential development may occur west of Slothower in the Future Urban Development area, but that limitations on sanitary sewer service prevent any significant urban development. It also notes the importance of buffering residential uses from the landfill and the proposed location of US-965 when development eventually occurs and that a more detailed plan will be needed at that time. The other concurrently submitted applications include an annexation (ANN21-0003), which would annex 70.4 acres into City limits, and a zoning map amendment (REZ21-0006) which would rezone the full 79.4 acres from Rural Residential (RR-1) in Iowa City and Agricultural (A) in Johnson County to Intensive Commercial (CI-1) and Interim Development Commercial (ID-C). The Comprehensive Plan Amendment must be approved for changes to the zoning map to be consistent with the Comprehensive Plan. The applicant held a Good Neighbor Meeting on July 28, 2021. Four neighbors attended. Attachment 5 provides the summary report of the meeting provided by the applicant. 3 ANALYSIS: The Iowa City Comprehensive Plan serves as a land-use planning guide by illustrating and describing the location and configuration of appropriate land uses throughout the City, providing notification to the public regarding intended uses of land; and illustrating the long-range growth area limit for the City. Applicants may request an amendment to the City's Comprehensive Plan with City Council approval after a recommendation by the Planning and Zoning Commission. Applicants for a comprehensive plan amendment must provide evidence that the request meets the approval criteria in Section 14-8D-3D. The comments of the applicant are found in the attachments. Staff comments on the criteria are as follows. 14-8D-3D Approval Criteria: Applications for a comprehensive plan amendment must include evidence that the following approval criteria are met: 1.Circumstances have changed and/or additional information or factors have come to light such that the proposed amendment is in the public interest. The subject properties are in the Weber Subarea of the Southwest District Plan. Before 1990, the area west of US-218 and north of Rohret Road was relatively undeveloped, with a few houses fronting on Rohret Road and public uses along Melrose/IWV, primarily at the County Historic Poor Farm. By the time the District Plan was adopted in 2002, housing was developing west and north of Rohret Road and south of the Poor Farm. The District Plan’s future land use map primarily shows the subject properties as Future Urban Development, with Single-Family/Duplex Residential along Slothower Road and a Vegetative Noise and Sight Buffer to the west. Currently, the land is used for agriculture. When the District Plan was adopted, Iowa City’s Comprehensive Plan was from 1997. The 1997 Plan was the first to extend the City’s western growth boundary from near Slothower Road to the proposed future alignment of US-965 (see Attachment 3). Consequently, it was the first time the City considered the future use of the subject properties, with the future land use map showing them as interim development/rural residential, a placeholder category that applied to future residential, commercial, and industrial development. Both the District and 1997 Comprehensive Plans included a policy to protect the Melrose Avenue and US-218 interchange from commercial encroachment, instead encouraging such development at the Highway 1 and US-218 interchange. This policy was first incorporated into the 1983 Comprehensive Plan, adopted around the time of the construction of US-218, because of concerns that the City could not support commercial development at both interchanges. Instead, planning documents maintained public uses directly west of the Melrose interchange. The City’s current Comprehensive Plan, adopted in 2013, no longer explicitly discusses this policy. However, it is reflected in the future land use map, which shows most of the subject properties as rural residential, and in the 2006 Fringe Area Agreement, which is a component of the City’s Comprehensive Plan. Since adopting the Southwest District Plan, development west of US-218, and around the Melrose interchange, has continued. Land east of the interchange developed with more intense uses following Camp Cardinal Boulevard’s construction in 2007, facilitated in part by three comprehensive plan amendments. These increased the intensity of uses northeast of Camp Cardinal Boulevard by introducing Office Commercial (CPA16-00001), Residential 8-16 Dwelling Units per Acre (CPA16-00003), and General Commercial (CPA20-0001) future land uses. West of the interchange, public uses intensified, including the addition of the Iowa National Guard Readiness Center, the Joint Emergency 4 Communications Center, and the Johnson County SEATS facility. Housing development has also continued north of Rohret Road and east of Slothower Road right-of-way. Recent development in the area constitutes a change in circumstances near the subject properties such that it is in the public interest to explore future uses for the site. The subject properties have been in a holding pattern since they were first considered in Iowa City planning documents. This was largely because sewer service was not expected to be available until a lift station could be constructed, which prevented any significant urban development. However, the application shows that the north side of the properties could be serviced, which could accommodate some larger users, such as MidAmerican Energy. Additionally, Iowa City and its neighboring metropolitan cities have seen rapid growth and a redistribution of population over the past 30 years (Figure 1). Iowa City has added more than 15,000 new residents, an increase of more than 25 percent. However, the other metropolitan cities (Coralville, North Liberty, Tiffin, and University Heights) have tripled in size. This change from 1990 to 2020 is primarily due to residential growth in North Liberty (+17,553 residents) and Coralville (+11,971 residents), though Tiffin has experienced recent growth as well (+4,052 residents). With these changes, Iowa City’s population has decreased as a proportion of the metro, and the center of population has shifted to the northwest. This makes the US-218 corridor increasingly important. Figure 1: Population Change from 1990-2020 1990 2000 2010 2020 Change (#) Change (%) Iowa City 59,735 62,220 67,862 74,828 +15,093 +25% Other Metro Cities 14,775 22,452 35,279 48,537 +33,762 +229% Remainder of County 21,609 26,334 27,741 29,489 +7,880 +36% Johnson County 96,119 111,006 130,882 152,854 +56,735 +59% Iowa City as Percent of Metro Cities 80.2% 73.5% 65.8% 60.7% Source: 1990, 2000, 2010, and 2020 Census Data The proposed amendment changes the future land use of the subject properties to intensive commercial. The Zoning Code, which helps implement City plans, describes the Intensive Commercial (CI-1) zone as providing areas for sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities, or by activities or operations conducted in buildings or structures not completely enclosed. Types of retail trade are limited to provide opportunities for more land intensive commercial operations and to prevent conflicts between retail and industrial truck traffic. It notes that adjacent residential zones must be buffered from the potential negative aspects of allowed uses, which include a variety of commercial, light industrial, and limited institutional and residential uses. The City and metro are expected to continue growing, and commercial and industrial areas must grow to accommodate increasing demand. The City currently has around 1,239 acres of commercial and 838 acres of industrial zoning, 398 acres of which is zoned specifically for intensive commercial uses (Figure 2). Most land zoned Intensive Commercial (CI-1) is occupied, but approximately 51 acres (13%) is vacant land, located on scattered parcels along Scott Boulevard and south of the Highway 1 north and east of the airport and at its interchange with US-218 (Attachment 4). While this land does not 5 have buildings, only 45 acres are expected to develop; the rest is used by adjacent owners. Of developable parcels zoned Intensive Commercial (CI-1), most are less than 2 acres. Other vacant parcels in the City are zoned to accommodate similar land uses, such as industrial zones, but while there is a relative abundance of vacant land zoned industrial (217.5 acres), it is primarily in the City’s southeast industrial park which is well-positioned to attract railroad users but does not have good highway access. As such, the supply of vacant land in the City currently does not meet all of the needs of users in the City, including MidAmerican Energy. Figure 2: Acres Zoned for Industrial and Commercial Land Uses Land Uses Current Zoning (Acres) Current Vacant (Acres) Current Vacancy Rate General Commercial 322.84 20.04 6% Highway Commercial 64.22 8.99 14% Intensive Commercial 397.96 51.23 13% Industrial 837.74 217.50 26% Other Commercial 453.63 131.43 29% Total Commercial/Industrial 2,076.39 429.19 21% Source: Johnson County parcel information, obtained August 2021 By 2040, the Metropolitan Planning Organization of Johnson County estimates Iowa City will grow to a population of 94,093 (+25.7%). Assuming demand for Intensive Commercial (CI-1) zoning increases at the same rate, the City should anticipate a need for about 500 acres (397.96 x 125.7%) of CI-1 zoning by 2040. Based on the future land use map, the City currently plans for an additional 44 net acres of intensive commercial, or a total of about 442 acres (Figure 3). This leaves a gap in demand of 58 acres, and more than that will be needed because over 60 acres of expected additions are already occupied, plus additional land is likely needed to accommodate sensitive features and right-of-way. While this is based on the current development pattern which is changing (for example, online retail is supplanting brick-and-mortar stores), staff anticipates that demand for intensive commercial and light industrial uses will remain relatively stable as warehousing and transportation uses will fulfill needs associated with logistics and online purchasing. Staff also anticipates that MidAmerican Energy will utilize a portion of the subject property. Figure 3: Expected Change in Acres Zoned for Industrial and Commercial Land Uses Land Uses Current Zoning (Acres) Expected Additions* (Acres) Expected Losses** (Acres) Net Change (Acres) Land Use Potential (Acres) General Commercial 322.84 +10.70 -40.81 -30.11 292.73 Highway Commercial 64.22 +0.00 -0.00 +0.00 64.22 Intensive Commercial 397.96 +107.91 -63.43 +44.48 442.44 Industrial 837.74 +300.79 -14.07 +286.72 1,124.46 Other Commercial 453.63 +613.07 -0.24 +612.83 1,066.46 Total Commercial/Industrial 2,076.39 +1,032.47 -118.55 +913.92 2,990.31 *Expected additions: Land shown as a use on the future land use map which is not currently zoned for that use (primarily in the City’s growth areas). **Expected losses: Land currently zoned for a use that is not expected to be developed as that use based on the future land use map (primarily Riverfront Crossings and publicly owned land). Source: Johnson County parcel information, obtained August 2021, IC2030 Comprehensive Plan 6 Development and planning in the area constitutes a change in circumstances. Based on projected long-term demand and the characteristics of the site, including access to US- 218 and intensive commercial uses being appropriate as a buffer against future landfill expansion and US-965 extension, staff believes that the proposed amendment is in the public interest. 2.The proposed amendment will be compatible with other policies or provisions of the comprehensive plan, including any district plans or other amendments thereto. The Weber Subarea of the Southwest District Plan has several policies relevant to the proposed amendment relating to transportation, infrastructure, and land use. With regards to transportation, the subject properties will be bounded by three major streets to the west, east, and north. To the west, along the City’s growth limit, the City plans to extend US-965 south as an arterial to connect with Rohret Road and eventually Highway 1. As development occurs, the City needs to secure adequate right-of-way and compatible land uses near the Iowa City Landfill. To the east, a north-south collector street is expected between Melrose Avenue and Rohret Road, primarily along the Slothower Road right-of-way. To the north, Melrose Avenue needs to be improved to City standards beyond current City limits. This is currently planned for 2021 in the City’s Capital Improvement Program. With regards to land use and other infrastructure, The Weber Subarea future land use map designates most of the land west of Slothower Road as Future Urban Development until sewer service is extended and lift stations are constructed where required. Water service will be expanded as part of the Melrose/IWV project in 2021. The Plan allows for some residential uses along the west side of Slothower Road, but it discourages “leapfrog” development without street and trail connections between the proposed US-965 alignment and Slothower Road. It notes that as development becomes imminent, a more detailed plan will be needed for areas of future development. The District Plan also discourages commercial uses around the Melrose and US-218 interchange, noting that there are nearby commercial areas, including the Highway 1/US-218 interchange, Walden Square, and future commercial areas south of Rohret Road. It also discusses the importance of buffering residential uses from the Iowa City Landfill and future US-965. The proposed amendment generally follows the existing policy direction of City planning documents. Amending the future land use map permits the accommodation of transportation policies discussed in the Southwest District Plan through the rezoning and subdivision processes. Similarly, the application shows that infrastructure needs can be met while allowing for continuous, contiguous development from Slothower to US-965. The proposed use is also more compatible with the nearby landfill than residential uses, which would require buffering, and is an appropriate use near two major streets. While some buffering is required between intensive commercial and residential uses, those can be accommodated through the site development standards and rezoning process. Furthermore, the proposed amendment meets several goals and strategies from the Comprehensive Plan regarding commercial and industrial development. Specifically: •Use the District Plans to identify appropriate commercial nodes and zone accordingly to focus commercial development to meet the needs of present and future population. 7 •Identify, zone, and preserve land for industrial uses in areas with ready access to rail and highways. •Target industrial and business sectors that align with Iowa City’s economic strengths, including biotechnology, healthcare, advanced manufacturing, information technology, education services, and renewable energy. •Focus growth within the Iowa City urban growth area by using the City’s extra-territorial review powers to discourage sprawl and preserve prime farmland. While goals generally align, some differences between the proposed amendment and plans must be reconciled. Allowing intensive commercial development along Melrose somewhat diverges from policy preventing commercial encroachment near the US-218 and Melrose interchange. However, the area nearest the interchange will remain dedicated to public uses, and the proposed uses are consistent with goals related to identifying appropriate areas for commercial and industrial development. Another potential discrepancy is the goal of encouraging new business development in existing core or neighborhood commercial areas. While this is important, existing commercial areas do not appear to be able to accommodate all users looking to locate in Iowa City. The amendment was initially considered because MidAmerican Energy has been unable to find an appropriate site for a new facility. As such, there appears to be a need for new intensive commercial areas to meet the needs of Iowa City’s future population. Other goals of the Comprehensive Plan also need to be met through the rezoning process for the subject properties. They include the following: •Discourage linear strip commercial development that discourages walking and biking and does not contribute to the development of compact, urban neighborhoods. •Guide development away from sensitive environmental areas, such as floodplains, wetlands, woodlands, steep slopes, flood hazard areas, and streams. These will be achieved through the City’s Sensitive Areas Ordinance and conditions on rezonings, where necessary. Based on information submitted by the applicant, there appears to be approximately 1.13 acres of wooded wetlands, 1.46 acres of emergent wetlands, and 2.36 acres of sensitive woodlands and groves of trees on the subject properties. Sensitive features, required buffers, and potential stormwater detention areas will limit the acreage on the subject properties that may be developed. Finally, the proposed amendment meets policies adopted in other documents of the City. The Fringe Area Agreement shows this land as being within Iowa City’s Growth Area C. It encourages commercial and industrial development south and southwest of the Iowa City Municipal Airport, and in interchanges of paved roads, to be annexed prior to development. However, it discourages such development in all other areas of Fringe Area C. The subject properties will be at paved intersections, and an application for annexation has been submitted with the proposed amendment. The City is currently in the process of updating the Fringe Area Agreement with Johnson County. The new agreement will state that development should follow the policy direction of the City’s Comprehensive Plan. For the reasons above, staff finds that the proposed Comprehensive Plan amendment (Attachments 7 and 8) is compatible with the policies in the Comprehensive Plan. However, implementing this proposed amendment requires annexing the property and amending the zoning map, which should include conditions ensuring the goals of the 8 Comprehensive Plan are met (to be considered under ANN21-0003 and REZ21-0006 respectively). PUBLIC COMMENT: Staff received one written comment opposing the proposed Comprehensive Plan Amendment due to potential traffic and lighting impacts. The comment can be found in Attachment 5. STAFF RECOMMENDATION: Staff recommends that the Planning and Zoning Commission approve CPA21-0002, a proposed amendment to change the following, as shown in Attachments 7 and 8, for approximately 79.4 acres of property located south of IWV Road SW and west of Slothower Road: •The Comprehensive Plan future land use map designation from Rural Residential, Open Space, and Residential at 2-8 Dwelling Units Per Acre to Intensive Commercial; and •The Southwest District Plan future land use map designation from Single-Family/Duplex Residential and Future Urban Development to Intensive Commercial, and to change the text of the District Plan. ATTACHMENTS: 1.Location Map 2.Zoning Map 3.Proposed Iowa Highway 965 Extension & Fringe Area Maps 4.Map of Current and Expected Intensive Commercial Land Use 5.Correspondence and Good Neighbor Meeting Materials [Updated October 1, 2021] 6.Applicant Submittal 7.Proposed Changes to the Weber Subarea of the Southwest District Plan [Updated October 1, 2021] 8.Proposed Changes to the Comprehensive Plan Future Land Use Map [Updated October 1, 2021] Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services MELROSE AVE218S B T O M E L R O S E A V E W ILDCAT LN C AR LSBADPLTEMPE CTL A K E S H ORE DRMELROSE AVESLOTHOWERRDSANTAFEDRSLOTHOWERRDSWTEMPE PLHIGHWAY 218HURT RD SWSLOTHOWER RDIWV RD SWANN21-0003, CPA21-0002 & REZ21-0006IWV and Slothower Rd.µ0 0.15 0.30.075 MilesPrepared By: Joshua EngelbrechtDate Prepared: June 2021Three applications submitted by MMS Consultants, on behalf of IWV Holdings, LLC,for the Annexation of 70.4 acres of property located south of IWV Rd. and west of Slothower Rd.the rezoning of 79.4 acres from County Agricultural (A) and Rural Residential (RR-1) to Intensive Commercial (CI-1) and Interim Development - Commercial (ID-C)and a comprehensive plan amendment changing the future land use fromPublic/Private Open Space, and Rural Residential to Intensive Commercial. IWV RD SWCARLS B A DPLTEMPE CTMELROSE AVESLOTHOWERRDFLAGSTAFFDRDURANGOPLSANTAFEDRWILDCATLNMELROSE AVESLOTHOWERRDSWHIGHWAY218 TEMPEPLHURT RD SW2 1 8 S B T OMELROSE A V E SLOTHOWER RDP1/RM12RS5P2P1RR1Johnson County PD & SANN21-0003, CPA21-0002 & REZ21-0006IWV and Slothower Rd.µ0 0.15 0.30.075 MilesPrepared By: Joshua EngelbrechtDate Prepared: June 2021Three applications submitted by MMS Consultants, on behalf of IWV Holdings, LLC,for the Annexation of 70.4 acres of property located south of IWV Rd. and west of Slothower Rd.the rezoning of 79.4 acres from County Agricultural (A) and Rural Residential (RR-1) to Intensive Commercial (CI-1) and Interim Development - Commercial (ID-C)and a comprehensive plan amendment changing the future land use fromPublic/Private Open Space, and Rural Residential to Intensive Commercial. 55 IOWA 1U S 2 1 8 US 6 MUSCATI NE AVE MELROSE AVE S GI LBERT STSAND RDROCHESTER AVE OLD HIGHWAY 218DODGE STE BURLINGTON ST GOVERNOR STOAK CREST HILL RD SES RIVERSIDE DRMORMON TREK BLVDUS 6 Legend Zoned CI-1; N o Expected Change Not Zoned CI-1; Expected A dditions* Zoned CI-1; E xpected Losses** Vacant; Expected to Develop Vacant; Not Expected to Develop Major Roads Intensive Commercial Land Use Current and Expected Prepared by: Kirk Leh mann , Associate Planne r Date: August 25, 2 021 Source: Johnson County Parcel Data *Expected Additions: La nd shown as inte nsive commercial on the future land use map which is not currently zoned Intensive Co mmercial (CI-1). **Expe cted Losses: Land currently zon ed Intensive Commercial (CI-1) that is not expected to be de ve loped as in tensive commercial based on the future land u se map.0 0.5 10.25 Miles ¯ From:Pamela To:Raymond Heitner Date:Wednesday, August 18, 2021 7:32:08 PM I am against the rezoning of Slothower Rd. I feel like it will lead to loud traffic and distracting lighting to our neighborhood. Pamela Miller-DeKeyser 1630 Lake Shore Drive Iowa City, IA 52246 Sent from the all new AOL app for Android From:DEANAGHOLSON To:Raymond Heitner Subject:Rezoning at Melrose and Slothower Date:Monday, September 13, 2021 4:00:16 PM Mr. Heitner, I am emailing you in regard to the recent proposal of rezoning in the area of Melrose and Slothower. We have lived in Iowa City for twenty years this year. We built our home on the southwest side of town near Weber school and have loved our neighborhood and location. We have paid close attention to the area to our north (Poor Farm) and west (farmland) and were happy with the cities comprehensive plan for this area over time. We are very concerned that the recent rezoning proposal is to go from rural/residential to commercial in this area. We are aware that rezoning happens (it obviously had to in order for our neighborhood to be developed) but to leap from rural to commercial seems like quite a drastic change. Once a commercial property area is developed, it seems likely that it could very well continue to develop in that manner which could effect us in the future. I am unsure if we will be able to attend the P&Z meeting this week but would request that you log our concerns in with any others you may have gotten regarding this rezoning. We would like to see the city take a step back and reassess the situation and come up with a revised comprehensive plan to share with the southwest citizens before forging ahead at this time. Thanks for your time! Deana Gholson 1332 Phoenix Drive IC IA This email is from an external source. From:John Bergstrom To:Raymond Heitner Cc:Sherri Bergstrom Subject:Case CPA21-0002 SW corner of Slothower Road and IWV Road Date:Monday, September 13, 2021 6:28:15 PM As representatives of Slothower Farm we are expressing our objections to the dramatic change in the Comprehensive Plan to allow for Intensive commercial development on land that has long been anticipated to be residential. This change to the IWV Holding parcel is being brought about to allow for the development of a Mid American Energy service complex that the City evidently feels that they have no where else to place it. This is certainly a change to a relatively small parcel that will affect the future of many existing and future residents. We would like to see the following addressed or answered: 1. The staff report (as well as the MMS report) refer to the significant changes that have taken place. Frankly, the changes in the immediate area west of the interchange are not new. What is new is the significant residential growth to the area abutting the County Farm. The proposed changes will affect the existing neighborhoods, existing residents and the future development of the Johnson County Poor Farm. 2. There seems to be concern about the landfill needing a buffer. The proposed 965 extension will provide a natural separation. MMS has come to its own stated conclusion that the best buffer is commercial development. Seems a little self serving. 3. Why is a longstanding planning instrument being drastically altered to accommodate a 40 acre development (initially) that will affect a large overlay area. If the Comprehensive Plan is to be altered like this, it should be much more encompassing, studied and thought out. Not as a reaction to a single user. 4. The City feels it needs more intensive commercial land? Fine, don’t put it on or next to areas long slated for residential. Or, if you can’t accommodate certain uses, is there any harm letting them gravitate to a neighboring community that can? 5. There are complementary non-residential uses that are compatible with neighborhoods that don’t infringe on residents. The uses allowed under the proposed zoning (including Mid American Energy) are not compatible. 6. The goal of the existing Comprehensive Plan is to encourage commercial and industrial development south and southwest of the Iowa City Municipal Airport. Now you appear to conveniently be changing the Fringe Area Agreement just to accommodate a single user. 7. How does Johnson County feel about this as it relates to the Poor Farm? Intensive commercial uses would not be complementary to the proposed development schemes we have seen for the farm. Please reconsider this change to the Comprehensive Plan and the subsequent zoning changes that would result. The City needs to slow down and better understand the ramifications of this action. John and Sherri Bergstrom From:James Larimore To:Raymond Heitner Cc:Jim Larimore Subject:Opposition to proposed amendment to Comprehensive Plan Date:Wednesday, September 15, 2021 3:43:33 PM Dear Mr. Heitner, I am writing to express my strong opposition to the proposed rezoning of land near the intersection of Melrose and Slothower in Iowa City. My family and I live on Wildcat Lane in the Southwest District, and our house is one of those with a direct line of site to the proposed location of Intensive Commercial development. We purchased our house seven years ago in large measure because of the assurances provided in the City's Comprehensive Plan for the Southwest District, which explicitly discouraged "the establishment of commercial uses around the Melrose Avenue-Highway 218 interchange" and envisioned that future development of this area should preserve the rural character of the district, provide a diversity of housing types, and potentially include the creation of a regional park that could be connected to a planned water reservoir, the Willow Creek trail and other parks in the Southwest District. I am certain that others who have purchased homes in this area, at the combined cost of tens of millions of dollars of personal investment, also took into account the rural and residential nature of the district when they decided to move into the Southwestern District. The proposed rezoning will irretrievably damage the rural and residential character of the Southwest District and creates a risk that the proposed Intensive Commercial development will eventually cascade further down Slothower Road, impacting home values and quality of life, as well as introducing unwanted vehicular traffic seeking a faster path to Highway 218. Furthermore, in stark contrast to the transparent and inclusive process that informed the current proposal takes a piecemeal rather than comprehensive approach, and with extremely limited effort at outreach, information dissemination, and community engagement on the part of the Planning and Zoning office. I am concerned that precipitous action on the part of the Planning and Zoning Commission puts at risk the public trust which was earned by the Commission's predecessors, who facilitated direct community engagement in the creation of the current Comprehensive Plan. Trust is hard to earn and easy to squander, and I urge the Commission not to trade away public trust and confidence in the expedient pursuit of a problem for which there are likely alternative solutions. I look forward to participating in the Commission's hearing on September 16th. Sincerely, Jim Larimore Wildcat Lane Iowa City August 5, 2021 City of Iowa City Planning and Community Development Attn: Ray Heitner 410 E Washington Iowa City, IA 52240 RE: IWV Annexation, Rezoning and Comprehensive Plan Amendment In response to the letter provided on July 30, 2021 we offer the following comments on behalf of the developer. CPA21-0002 Comments: 1. Because a comprehensive plan amendment is required, this application requires two meetings at the Planning & Zoning Commission; one to set the public hearing, and then the public hearing. We acknowledge this comment. 2. In discussing the area slated for “future urban development” on the subject properties, the Southwest District Plan notes that “When development becomes imminent a more detailed plan will need to be developed for this area.” Please discuss what detailed planning has gone into determining the proposed use for the area. The District Plan references the ‘future urban development’ in the final paragraph of the section titled Land Use for the Weber Subarea. It mentions the importance of providing a buffer for residential uses from the Iowa City Landfill and the intended Highway 965 extension along the western most boundary. Commercial uses are the best option to provide the buffer in our opinion. This will allow for ease of access to Highway 965 for those commercial uses as well. 3. Staff anticipates that the Planning and Zoning Commission and City Council will have questions on potential end users and uses of the subject property. Please be prepared to make this information public prior to the public hearing date for the comprehensive plan amendment. We acknowledge this comment. The applicant will take this into consideration prior to the meetings. ANN21-0003/REZ21-0006 Comments: Urban Planning: 1. The rezoning will analyze all potential CI-1 uses and describe any potential impacts those uses might have on surrounding development. Some examples of July 8, 2021 City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Re: IWV Road SW Rezoning, Annexation and Comprehensive Plan Amendment On behalf of IWV Holdings LLC we are submitting a request for an Annexation and Rezoning in conjunction with a Comprehensive Plan Amendment. The described land consists of 79.39 acres in total, the proposal includes 70.39 acres to be annexed into the City of Iowa City with 9.0 acres currently located within the city limits. The area is shown as a future growth area. Scheduled improvements to IWV Road will provide necessary arterial access, with additional access provided via Slothower Road. Public water will be available to the site, and public sewer can be extended to serve the site as required. Circumstances for this site have changed since the current plan was adopted. As mentioned above, there are scheduled improvements to IWV Road, and the city has expressed a plan to revisit the comprehensive plan for this region in the near term. These factors, in addition to the plans by the county for the Johnson County Poor Farm, meet the approval criteria for a Comprehensive Plan amendment. We are proposing a change of the land use from a mix of Public/Private Open Space, Rural Residential and 2-8 DU/A to Intensive Commercial. We feel this amendment is appropriate given the access from the property to an arterial road which provides a direct route to Interstate I-380. The proximity to the Iowa City Landfill and a number of other commercially zoned properties along IWV Road SW shows a consistent pattern of compatibility with surrounding development in this area, and is generally compatible with the policies and provisions of the Comprehensive Plan. At this time Intensive Commercial (CI-1) is being requested for the East portion of the property and Interim Development Commercial (ID-C) is being requested for the West portion of the property. The ID-C zoning will allow for managed growth of future development and for the current use of the land to continue until a plan to provide city services can be established. This zoning also allows for a review of the stream corridor and the associated sensitive areas located in the West portion when a permanent zoning classification application is submitted. Development of the West portion, and any potential impacts to the sensitive areas, can be more appropriately reviewed when city services are able to be provided. If you have questions or require any additional information, please contact us accordingly. Respectfully submitted, Jon Marner. MMS Consultants, Inc. 10355-010L2.DOCX (319) 351-8282 LAND PLANNERS LAND SURVEYORS CIVIL ENGINEERS LANDSCAPE ARCHITECTS IOWA CITY, IOWA 52240 MMS CONSULTANTS, INC. ENVIRONMENTAL SPECIALISTS www.mmsconsultants.net 1917 S. GILBERT ST. JOHNSON COUNTY IOWA 05-20-2021 KJB RLW RRN IOWA CITY 10355-010 1 PROJAC COMPREHENSIVE PLAN EXHIBIT 1 1"=200' IWV ROAD SW / F46 SLOTHOWER ROADHURT ROAD SWALBERT AND FAY'S FIRST ADDITION KAUBLE'S SUBDIVISION NW 14 - NE 14SECTION 13-T79N-R7WSW 14 - NE14SECTION 13-T79N-R7 W SE 14 - NW14SECTION 13-T79N-R7 WNE 14 - NW 14SECTION 13-T79N-R7WNW 14 - NW 14SECTION 13-T79N-R7WNE 14 - NE 14SECTION 14-T79N-R7WSW 14 - NW 14SECTION 13-T79N-R7 WSE 14 - SE 14SECTION 11-T79N-R7WSW 14 - SW 14SECTION 12-T79N-R7WSE 14 - SW 14SECTION 12-T79N-R7 W GRAPHIC SCALE IN FEET 0 1"=200' 20 50 100 150 200 COMPREHENSIVE PLAN EXHIBIT JOHNSON COUNTY, IOWA PORTIONS OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN PLAT PREPARED BY: MMS CONSULTANTS INC. 1917 S. GILBERT STREET IOWA CITY, IA 52240 OWNER/APPLICANT: IWV HOLDINGS LLC 2916 HIGHWAY 1 NE IOWA CITY, IOWA 52240 LOCATION MAP - NOT TO SCALE SITE LOCATION PORTIONS OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIANCURRENT LAND USE: 2-8 DU/APROPOSED LAND USE: INTENSIVE COMMERCIALCUR R E NT L A N D U S E: R U R AL R E SI D E NTI AL PRO P O S E D L A N D U S E: I NT E N SI V E C O M M E R CI AL CURRENT LAND USE: PUBLIC / PRIVATE OPEN SPACEPROPOSED LAND USE: INTENSIVE COMMERCIALS89°06'50"W N89°06'50"E 300.04' N89°06'50"E 2333.41'S00°00'59"W1305.56'S88°45'34"W 300.07' S88°45'34"W 414.99' S00°06'26"E 3.41' S89°03'31"W1921.53'N00°08'52"E1315.30'G:\10355\10355-010\10355-010N-COMP.dwg, 7/8/2021 6:03:22 PM DESCRIPTION - REZONING PARCEL NO. 1 THE EAST 300 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA. SAID REZONING PARCEL NO. 1 CONTAINS 9.0 ACRES, MORE OR LESS. DESCRIPTION - REZONING PARCEL NO. 2 THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA. EXCEPTING THE EAST 300 FEET THEREFROM SAID REZONING PARCEL NO. 2 CONTAINS 30.7 ACRES, MORE OR LESS DESCRIPTION - REZONING PARCEL NO. 3 THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA. SAID REZONING PARCEL NO. 3 CONTAINS 39.7 ACRES, MORE OR LESS WEBER SUBAREA Farm along Rohret Road The Weber Subarea is located south of Melrose Avenue and Highway 218, north of Rohret Road, extending to the City’s growth limits half a mile west of Slothower Road. Before the 1980s this area was relatively undeveloped, with a few houses fronting onto Rohret Road. Through the 1980's and 90's housing developed westward on the north side of Rohret Road and south of the County Poor Farm property. Roughly two-thirds of the land area is undeveloped. Some patches of woodland and native prairie exist, but most of it is under cultivation. The area contains three public/institutional uses: Irving B. Weber Elementary School, the Korean Methodist Church, and Chatham Oaks, a residential care facility located on the County Poor Farm property. There are no commercial uses in the subarea. Transportation In the future next 20 to twenty-five years, the City plans to extend Highway 965 southward along the current western growth limit to connect with Rohret Road via the eastern edge of the Iowa City Landfill. It will eventually reach Highway 1 and serve as a far west side arterial. As development approaches this area, the City needs to secure adequate road right-of-way and sufficient buffer width against the Iowa City Landfill. As an entryway corridor into Iowa City, Highway 965 should incorporate boulevard design standards with a well-landscaped median and generous landscaping along both sides, wide sidewalks and bicycle lanes. This could serve as additional buffer against the landfill. In the more immediate future a north-south collector street will be required between Melrose Avenue and Rohret Road, part of it configured using the Slothower Road right-of-way. Care must be taken to keep the eventual route somewhat circuitous between Melrose and Rohret to diminish its desirability as a cut-through route for non-local traffic. In addition, access routes to the southern portion of the County Poor Farm should be incorporated into the local street layouts in future phases of both Wild Prairie Estates and Country Club Estates. Willow Creek Trail will eventually cross Highway 218 via tunnel and connect Hunters Run Park to the wider community trail system. A trail link across the County Poor Farm property to Melrose Avenue will connect this regional trail to the arterial street system in the far western part of the Southwest District. If a regional stormwater lake is constructed in the Rohret South Subarea, it will be important to construct a trail connection between Hunters Run Park and the public open space surrounding this new lake. Southwest District Plan 10/8/02 38 As westward development creates the need, both Rohret Road and Melrose Avenue will be improved to City standards beyond the point of the current corporate limits. Public Services and Facilities Before much of the area between Slothower and the landfill can be developed, a sanitary sewer lift station will have to be constructed. Northern portions of Country Club Estates can build out without further sewer improvements, but the southern two- thirds adjacent to Rohret Road drains to the southwest. This portion cannot be developed until a temporary lift station is built that connects to the landfill’s lift station or a proposed permanent lift station is built south of Rohret Road on the western edge of the Rohret South Subarea. Land Use Several areas of particular interest stand out in the Weber subarea with regard to land use: the build-out of Country Club Estates and Wild Prairie Estates; the development of the area west of Slothower Road; and future use of the County Poor Farm property. Johnson County Poor Farm Future use of the County Poor Farm property generated considerable discussion and a wide variety of suggestions during Citizen Planning workshops. The following considerations should be used as a guide to future development of this property: •The following important elements should be preserved and protected from the encroachment of development: the historic poor farm buildings and cemetery; Chatham Oaks residential care facility; and any environmentally sensitive areas. •Approximately 90 acres of the property are wooded, brushy, or contain prairie remnants. These areas would be suitable for use as a regional park that could be connected via the Willow Creek trail to other parks and destinations in the Southwest District. •The southwest portion of the property contains approximately fifty acres of relatively flat ground that is currently row-cropped. This area would be suitable for residential development. Any new subdivisions in this location should be connected to the street network developed in the Southwest Estates and Wild Prairie Estates subdivisions located directly south of the County Farm property. •If any development occurs on the county property adjacent to Highway 218, a buffer should be maintained. •Future use of the county property located north of Melrose Avenue should be considered carefully with regard to potential impacts on the poor farm property. Southwest District Plan 10/8/02 39 Wild Prairie Estates will soon reach its northern boundary. Access to and through the Poor Farm is a desirable option in the future and for now a street stub northward up to the Willow Creek-Hunters Run Trail extension will be necessary. North of that and adjacent to Highway 218’s right-of-way, a noise and sight buffer should be established between residential areas and the highway. The Comprehensive Plan discourages the establishment of commercial uses around the Melrose Avenue-Highway 218 interchange. This policy generally should be maintained because there are several adequate commercial services in the vicinity to serve this area. The Highway 1-Highway 218 interchange further south provides community and highway commercial services. In addition, Walden Square in the Willow Creek Subarea provides neighborhood commercial services, and a future neighborhood commercial area is proposed in the Rohret South Subarea. However, intensive commercial uses may be appropriate along Melrose Avenue further from the interchange due to proximity to major thoroughfares and to serve as a buffer for residential uses from the potential future expansion of the landfill and Highway 965. The remaining portion of the Country Club Estates property is primarily suitable for low-density single-family development. If well-designed, the portion of the property adjacent to Rohret Road may be suitable for clusters of medium-density residential uses, such as townhouses or condominiums. A transition between existing Rural Residential-zoned (RR-1) portions of Southwest Estates and future low-density single-family residential development to the west may be accomplished by platting larger RS-5- zoned lots backing onto the existing rural residential lots of Southwest Estates. A New Subdivision in the Weber Subarea The land west of Slothower is currently used for agriculture. The Weber Subarea Plan Map designates this area as "future urban development." However, until sewer service is extended in that direction and one or more lift stations constructed, there will not be any significant urban development. Before reaching the twenty-year horizon of this plan, some residential uses, or intensive commercial, may develop along the west side of Slothower Road and begin moving toward the future Highway 965 extension. However, the expectation is that development will not and should not “leapfrog” without street and trail connections bridging the gap between 965 and Slothower Road. When development becomes imminent a more detailed plan will need to be developed for this area. When development does occur, it will be important to buffer residential uses from the Iowa City Landfill and Highway 965. Southwest District Plan 10/8/02 40 Open Space As this subarea continues to develop additional public open space will be needed. Recent improvements to Hunters Run Park increased the amount of active park space in the area. This park may be extended to the west when the northern part of Wild Prairie Estates is subdivided. As mentioned, the County Poor Farm property contains land that is suitable for public open space and connecting trail corridors. The County should plan for public open space needs as it contemplates future uses for the property. Hunters Run Park The City plans to use a small parcel of land near the southwest corner of the County Poor Farm property for a water reservoir. Most of the ground will remain open and could be used for a small neighborhood park. Additional parkland could be added to this property as Country Club Estates continues to develop. Southwest District Plan 10/8/02 41 Appendix A Southwest District Plan Map Designations Large Lot/Rural Residential Suitable for large lot single family development in areas not suited for more intensive development due to natural limitations, i.e. soil, slope, unavailability of sewer and water utilities. Development Density: approximately 1 dwelling unit/acre Single-Family/Duplex Residential Intended primarily for single family and duplex residential development. Lower density zoning designations are suitable for areas with sensitive environmental features, topographical constraints, or limited street access. Higher densities are more appropriate for areas with good access to all city services and facilities. Development Density: 2-12 dwelling units/acre Narrow Lot/Townhouse Residential Suitable for medium to high density single family residential development, including zero lot line development, duplexes, townhouses, and narrow lot detached single family housing. Development Density: 6-12 dwelling units/acre Low-Density Multi-Family Residential Intended for low -density multi-family housing. Suitable for areas with good access to all city services and facilities. Higher density zoning designations may not be suitable for areas with topographical constraints or limited street access. Development Density: 8 -15 dwelling units/acre Medium- to High-Density Multi-Family Residential Intended for medium- to high-density multi-family housing. Suitable for areas with good access to all city services and facilities. Higher density zoning designations may not be suitable for areas with topographical constraints or limited street access. Development Density: 16-44 dwelling units/acre Future Urban Development Areas within the growth limit that are not yet served by City services and may not experience substantial development within the lifetime of this district plan. As development becomes imminent in these areas, the City will develop more detailed land use and street layout concepts to supplement the current plan. Public/Private Open Space Indicates existing open space that is important for the protection of sensitive natural features and/or to provide for recreational opportunities and protect the aesthetic values of the community. An open space designation on private land may indicate that an area is largely unsuitable for development due to environmental or topographical constraints. While these areas are best reserved or acquired for private or public open space, development may occur on privately held land if a proposal meets the underlying zoning requirements and the requirements of the Iowa City Sensitive Areas Ordinance. Vegetative Noise and Sight Buffer Useful public facilities, such as limited-access highways or landfills, can produce undesirable side-effects. In these areas a substantial vegetative buffer should be maintained or established to separate residential development from these uses. Alternatively, where appropriate, nonresidential uses can be used to buffer residential areas from highways, landfills, and other such uses. Public Services/Institutional Areas intended for civic, cultural, or historical institutions; public schools; and places of assembly or worship. Iowa City does not have a zone that designates institutional uses as the primary, preferred land use. However, there are a number of zones where these uses are permitted or provisional uses. Development proposals are subject to the requirements of the underlying zoning designation. Land that is owned by a public entity is typically zoned Public (P). Neighborhood Commercial Areas intended for retail sales and personal service uses that meet the day-to-day needs of a fully developed residential neighborhood. A grocery store or grocery store/drug store combination is preferred as the primary tenant in a Neighborhood Commercial (CN-1) zone. Specific site development standards will apply in these areas to ensure that commercial development is pedestrian-friendly and compatible with surrounding residential development. Office Commercial Areas intended for office uses and compatible businesses. In some cases these areas may serve as a buffer between residential areas and more intensive commercial or industrial uses. General Commercial Areas intended to provide the opportunity for a large variety of commercial uses that serve a major segment of the community. Mixed Use Areas intended for development that combines commercial and residential uses. An area may be primarily commercial in nature or may be primarily residential depending on the location and the surrounding neighborhood. Commercial uses will typically be located on the ground floor with housing above. Development is intended to be pedestrian- oriented with buildings close to and oriented to the sidewalk. Appendix A Southwest District Plan Map Designations Intensive Commercial Areas intended for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair businesses, quasi-industrial uses, and for sales of large equipment or motor vehicles, or by activities or operations conducted in buildings or structure not completely enclosed. Retail uses are restricted in order to provide opportunities for more land-intensive or quasi-industrial commercial operations and also to prevent conflicts between retail and industrial truck traffic. Special attention must be directed toward buffering the negative aspects of allowed uses from any adjacent lower intensity commercial areas or residential areas. MINUTES FINAL PLANNING AND ZONING COMMISSION SEPTEMBER 16, 2021 – 7:00 PM FORMAL MEETING THE CENTER – ASSEMBLY ROOM MEMBERS PRESENT: Susan Craig, Mike Hensch, Maria Padron, Mark Signs, Billie Townsend MEMBERS ABSENT: Phoebe Martin, Mark Nolte STAFF PRESENT: Ray Heitner, Sara Hektoen, Kirk Lehmann, Anne Russett OTHERS PRESENT: Jon Marner, Josh Entler, John Bergstrom, Eric Freedman, Jim Larimore, Sherri Slothower Bergstrom, Cindy Seyfer, Brenda Scott, Tim Slothower, Duane Kruse, Jim Seyfer, Alex Hachtman, Joleah Shaw, Chris Arch RECOMMENDATIONS TO COUNCIL: By a vote of 3-2 (Townsend and Padron dissenting) the Commission recommends approval of CPA21-0002, a proposed amendment to change the following for around 80 acres of property located south of IWV and west of Slothower: • The Comprehensive Plan future land use map designation from Rural Residential, Open Space, and Residential at 2-8 Dwelling Units Per Acre to Intensive Commercial; and • The Southwest District Plan future land use map designation from Single-Family/Duplex Residential and Future Urban Development to Intensive Commercial, and to change the text of the District Plan to what was included in the agenda packet. Note: After the meeting it was determined that the motion to approve the comprehensive plan amendment did not pass because a minimum of 4 votes is required. By a vote of 5-0 the Commission recommends approval of ANN21-0003, a voluntary annexation of approximately 70.39 acres of property located south of IWV Road and west of Slothower Road. By a vote of 4-1 (Padron dissenting) the Commission recommends approval of REZ21-0006, a rezoning of approximately 53.36 acres from County Agricultural (A) to Intensive Commercial (CI - 1), 9 acres from Rural Residential (RR-1) to Intensive Commercial (CI-1), and 17.03 acres from County Agricultural (A) to Interim Development Commercial (ID-C) subject to the following conditions: 1. Prior to issuance of a building permit, Owner shall: a. Plat all the property herein rezoned to follow the zoning boundaries. b. Submit a landscape plan, which shall be approved by the City Forester, to ensure that, when developed, the subject property is designed in a manner that emphasizes green components within its location along an arterial and as an entryway into the City. c. Owner shall contribute 25% of the cost of upgrading Slothower Road, south of the proposed access, to collector street standards, adjacent to the subject property. 2. Prior to issuance of a certificate of occupancy on the property fronting Slothower Road: Planning and Zoning Commission September 16, 2021 Page 2 of 36 a. Installation of landscaping to the S3 standard, as detailed in section 14-5F-6C of City Code, along the subject property’s Slothower Road frontage. If said certificate of occupancy is issued during a poor planting season, by May 31 following issuance of the certificate of occupancy. b. Improvement of Slothower Road to the southern end of the proposed access off Slothower Road. c. Installation of landscaping to the S3 standard along the property line and IWV Road. 3. At the time the final plat is approved, Owner shall dedicate additional right-of-way along the Slothower Road frontage in an amount and location approved by the City Engineer. 4. Parking, loading areas, and outdoor storage shall either not be located between the front facade of the principal structure and the front yard right-of-way line or shall be screened to the S3 standard along the IWV Road frontage. By a vote of 5-0 the Commission recommends approval of CPA21-0001, a proposed amendment to the South District Plan to facilitate development that follows form-based principles in the South District of Iowa City. By a vote of 5-0 the Commission recommends recommend a Zoning Code Amendment to adopt form-based standards for new development as identified in the South District Plan. By a vote of 5-0 the Commission recommends setting a public hearing on October 7, 2021 on a proposed amendment to the Comprehensive Plan on an update to the Fringe Area Policy Agreement between Johnson County and the City of Iowa City. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. COMPREHENSIVE PLAN AND ZONING CODE AMENDMENT ITEMS: CASE NO. CPA21-0002: Location: SW corner of Slothower Road and IWV Road A public hearing on amendment to the Comprehensive Plan to change the Southwest District Plan and Comprehensive Plan future land use map designations, and related plan text, from residential, open space, and future development to intensive commercial. Lehmann began a presentation on the staff report noting this item is proposing to amend the Southwest District Plan and the Comprehensive Plan future land use maps from their current Planning and Zoning Commission September 16, 2021 Page 3 of 36 designations to intensive commercial south of IWV Road and west of Slothower Road. This application was submitted by MMS Consultants on behalf of the owner. Lehmann noted it was submitted with two additional applications as well, so in addition to the Comprehensive Plan Amendment there is an annexation (ANN21-0003) which would annex 70 acres into the City and a rezoning (REZ21-0006) to rezone this land from its current designations of Rural Residential within the City and Agriculture in the County to Intensive Commercial and Interim Development Commercial. Currently the land is used for agriculture and it's part of the Southwest District Plan which was adopted in 2002. The subject properties are within the Weber Subarea of the Plan, one of four subareas in this Southwest District Plan, and in the future land use it is shown primarily as future urban development but then there's also some single-family duplex residential along Slothower to the east side and a Vegetative Noise and Site Buffer to the west. The Plan notes some limited residential development may occur west of Slothower Road, but that due to sanitary sewer limitations, extensive development wasn't expected at that time, or in the near future. The Plan also states that residential uses should be buffered from the landfill and the proposed US 965 alignment and that a more detailed plan will be needed when development eventually occurs. Lehmann showed a map of the subject parcel noting it's south of IWV Road which turns into Melrose Avenue and west of Slothower Road. It's approximately 80 acres and it's all agricultural. US 218 is further to the east, but directly east is the Johnson County Historic Poor Farm. Again, the property is currently zoned County Agricultural, it's got some Rural Agricultural to the north, County Agricultural for the rest of it, and then to the east are some public uses where there's the Poor Farm and some other uses such as the Johnson County facilities buildings and the National Guard Center. Lehmann showed a picture of the topography of the area and noted some hills. Lehmann noted the proposed amendment has two components, one for the Southwest District Plan and one for the Comprehensive Plan and those would be to modify the future land use map so that it's reflected in both of them. He added there's also some text changes to the Southwest District Plan that generalizes the timeframe for the US 965 extension and then discusses intensive commercial uses that may be appropriate along Melrose should the proposed amendment be adopted. The proposed amendment would change the land use designation to intensive commercial but that doesn't mean the entire site would be intensive commercial, there are sensitive features on site that have to be accommodated, but the entire parcel would be shown on the future land use map as intensive commercial and the future land use map on the Comprehensive Plan would reflect that same change should it be amended. The role of the Commission tonight is to decide if the two general criteria that are used to determine if a Comprehensive Plan Amendment should be made (found at 14-8D-3D) and that is that the circumstances have changed, or additional information or factors have come to light such that the proposed amendment is in the public interest. Second, the proposed amendment will be compatible with other policies or provisions of the Comprehensive Plan, including any District Plans or other Amendments thereto. Lehmann noted all of this is laid out in the staff report, but he will try to summar ize and make it as clear as possible. Starting with the first criteria, looking at circumstances that have changed such that the proposed amendment is in the public interest. First looking at what was happening at the time these Plans were adopted, prior to 1990 the area was undeveloped, there are a few homes on Rohret Road and some public uses, primarily the County Poor Farm on Melrose, but Planning and Zoning Commission September 16, 2021 Page 4 of 36 other than that there wasn't much development. By the time the Southwest District Plan was adopted in 2002 housing was continuing to develop west and north of Rohret Road and at that time the Comprehensive Plan was from 1997. That Plan was the first to actually extend the growth area of the City from approximately Slothower to the proposed future alignment of US 965. That Plan was also the first to consider the future use of the site and the future land use map showed it as interim development or rural residential. Lehmann noted there was also a policy that was included in that Comprehensive Plan and in the Southwest District Plan that talks about discouraging commercial uses at the Melrose and 218 interchange and instead it encouraged focusing commercial and industrial development at the Highway 1/218 interchange due to concerns that both areas would not be able to support full development so staff wanted to concentrate it at that south interchange. That policy was first adopted in the 1983 Comprehensive Plan so that policy has been in place since 218 was built. The 1983 Plan also talks about maintaining public uses directly west of the Melrose interchange, and this policy while it is not explicitly discussed in the current Comprehensive Plan, which was adopted in 2013, it is reflected in the future land use map showing the site as rural residential which is similar to the interim development / rural residential that was used in 1997 and is also included in the 2006 Fringe Area Agreement, which is a part of that Comprehensive Plan. Regarding development over time, predominantly south of Melrose, there's some early residential subdivisions that started occurring along Rohret Road and then some additional residential development that crosses 218 and even more once Camp Cardinal Boulevard was constructed in 2007. In 2016 and 2020 three Comprehensive Plan Amendments were made that started introducing some commercial uses into the area, specifically office commercial, and some medium density residential and general commercial uses in relatively small pockets. To the west of the interchange, there are public land uses, the Iowa National Guard Readiness Center, the Joint Emergency Communication Center and the Johnson County SEATS facility. Also housing development has continued west of US 218 and north of Rohret Road. Therefore, staff believes that it's in the public interest to explore future uses for this area as the site has basically been in a holding pattern since the 1997 Comprehensive Plan and the 2002 Southwest District Plan, partially because it was assumed that infrastructure would not be available and that would prevent urban development. However, the applications show that the property can be serviced, so it makes sense to define what future urban uses might look like in this area. Another change in circumstance since the time this Plan was adopted has been rapid growth and population redistribution in the Iowa City metro over the last 30 years. Since 1990 Iowa City has grown by about 25% but other metros have grown by about three times their population, especially North Liberty and Coralville, so with that, Iowa City has decreased as a proportion of the metro population and the center of population has shifted northwest, which makes the US 218 corridor increasingly important. Growth is expected to continue so uses must grow to accommodate demand as well. The application is asking to change the future land use of this area to intensive commercial. Lehmann explained intensive commercial has a broad range of uses that are allowed but it's generally sales and service businesses, often characterized by outdoor uses such as large-scale repair or sales or unenclosed operations. It includes some limited retail trade as well. With intensive commercial uses, there is a need to buffer residential uses because it allows some higher intensity commercial and light industrial uses. With regards to intensive commercial uses across the City, it appears that the current vacant land does not meet the needs of all uses within the City. Currently around 400 acres of intensive commercial is in the City and about 13% of that land is vacant. Most of the vacant 45 acres is expected to develop into small parcels with Planning and Zoning Commission September 16, 2021 Page 5 of 36 individual businesses occupying those spaces. Lehmann added some other zones allow similar uses, there are commercials zones that are similar and industrial zones. There is quite a bit of vacant general industrial land as well, but that is primarily positioned to attract railroad users, whereas this site has access to the interstate so that was a factor in staff’s recommendation. Lehmann also noted this all started with MidAmerican Energy trying to locate a site and after looking around the City, they found none that met their needs and so they began looking at other areas that might be suitable for that type of use. Lehmann added that this is change is brought about by the application and is not a City-led process and staff is looking at what are the uses generally that might be appropriate. Throughout the City there are three general areas that might accommodate some of these uses, one is around the airport to the southwest, that's one of the larger areas that allows light industrial uses. There's the industrial area that runs along the railroad to the southeast and then on I-80 and Dodge Street to the north that is a commercial area. All those areas have different challenges and benefits. The area to the north would require rezoning and an annexation, the current industrial park doesn't have good highway access, and the area near the airport primarily has smaller parcels. The area they're looking at now is relatively small compared to these other general light industrial areas. In addition, staff looks at future need for Iowa City. Based on MPO projections, Iowa City is expected to grow to approximately 94,000 people by 2040 so that is a growth of about 26%. Assuming demand increases at about the same rate, that shows a need for about 500 acres of intensive commercial and based on what's been planned for in the City currently, there will be around 442 acres of intensive commercial so that leaves a 58-acre gap. Lehmann noted it's actually a larger gap than that because a lot of intensive commercial areas that are going to be annexed into the City are already occupied either by intensive commercial uses or by other unrelated uses. Lehmann noted there is also changing demand over time, and so, whether staff uses the same growth rate as population, it's not the exact amount that is needed, it’s a ballpark for what's an appropriate amount of intensive commercial uses. Staff anticipates demand is going to remain relatively stable, unlike other uses related to commercial where there is a decline in brick and mortar stores with a shift to online retail. The reason staff believes it's going to remain relatively stable is because these sorts of uses often meet some of the demands that would have been met by brick and mortar stores otherwise, especially logistics, transportation, warehousing and those sorts of uses. Staff also believes that MidAmerican Energy would occupy a portion of the site. So based on that projected demand and based on the site and its access to the interstate, staff believes that the amendment is in the public interest and that circumstances have changed over time. Lehmann reiterated areas where staff is expecting additions of intensive commercial are primarily by the interstate interchange and then on south Riverside Drive, but when looking at vacant parcels, that is just the area southwest of the airport, some small parcels near the US 218 interchange, some small parcels north of the airport and some small parcels on Scott Boulevard. Again, generally there's not many large areas for this type of development within this zone. Lehmann stated the second criterion staff uses to judge Comprehensive Plan Amendments is tied to if it's compatible with the policies and provisions of the Comprehensive Plan or District Plans and this proposal does align with many of the policies in the Southwest District Plan, especially for the Weber subarea. This area was slated for future development until infrastructure was available, it maintains the transportation vision for the area which includes US 965 along the west border, Slothower to the east, and Melrose to the north, it allows for contiguous development from Slothower to US 965 and provides the transition from the landfill and US 965 to intensive commercial and then to agriculture/residential uses. Additional buffering for those uses can be accommodated through rezoning. It also aligns with other goals or objectives in the Comprehensive Plan as well such as identifying appropriate locations for Planning and Zoning Commission September 16, 2021 Page 6 of 36 commercial development, the needs of the future population, identifying land for industrial uses with ready access to rail and highways and also targeting industrial business sectors that align with Iowa City’s economic strengths, i.e., renewable energy or energy in general, finance manufacturing and focusing growth in the City’s growth area. Lehmann stated this area is within Iowa City's fringe Growth Area C. Lehmann stated there are also policies affiliated with the Comprehensive Plan, looking at commercial, industrial development south and southwest at the airport or along intersections of paved roads to be annexed prior to development. This application is at paved intersections and has applied for annexation. Lehmann also noted the Commission will be asked later to set a public hearing for the Fringe Area Agreement, which they have to update because it is expiring, but this policy also aligns with what staff is proposing for the future fringe area as well. That being said, Lehmann noted there are some differences in policies that are in the Comprehensive and Southwest District Plans. Intensive commercial somewhat diverges from the policy mentioned against commercial encroachment near Melrose and 218. However the area near the interchange will continue to remain as a public use, and it does meet other goals that are tied to identifying appropriate locations for commercial and industrial development so staff believes that the spirit of the policy is met. There's also another policy about encouraging new businesses in existing commercial areas but in this case the existing commercial areas don't seem to accommodate all users within the City that would like to locate here. Lehmann reiterated this was initially considered because of MidAmerican Energy was looking for a site and was not able to find one, and there is a need for future new intensive commercial uses based on population growth within the City. Lehmann stated there's some other policies he wanted to mention that could be accommodated through the sensitive areas and site development processes, especially related to strip commercial development, discouraging walking and biking and then also sensitive areas, a lot of those can be covered either through conditions on rezoning or by the zoning standards generally which helps those policies be met. So, based on these findings staff believes that the proposed amendment is compatible with the policies in the Comprehensive Plan but that implementation would require annexation and rezoning which the Commission will also consider this evening and those should include conditions to ensure that the goals of the Comprehensive Plan are met. Lehmann stated staff also received public comments for this item and all were forwarded to the Commission in advance of this meeting. The applicant held a good neighbor meeting, four neighbors attended and there was discussion along a range of items that included the potentially wide range of uses for the proposed zone, about buffers from residences and sensitive features on the site, and also concern over property values for residential properties that are nearby. In terms of written correspondence, there were four that were opposed, one due to potential traffic and lighting impacts of the proposed use, one with concerns about the shift from rural residential to commercial and that being a relatively large change in policy and that might encourage future commercial development which might have negative impacts, one tied to concerns regarding long term policy in a large area near residences and impacts on residential uses and requested that the City slow down to better understand the impacts, and then one that noted the area being rural residential with a diversity of housing types is one of the reasons they bought their home Planning and Zoning Commission September 16, 2021 Page 7 of 36 and noted the amendment process was not transparent and did not have enough outreach. Staff recommends the Planning and Zoning Commission approved CPA21-0002, a proposed amendment to change the following for around 80 acres of property located south of IWV and west of Slothower: • The Comprehensive Plan future land use map designation from Rural Residential, Open Space, and Residential at 2-8 Dwelling Units Per Acre to Intensive Commercial; and • The Southwest District Plan future land use map designation from Single-Family/Duplex Residential and Future Urban Development to Intensive Commercial, and to change the text of the District Plan to what was included in the agenda packet. In terms of next steps, the goal is to determine if the proposed plan amendment should be recommended for approval by city council, which would run concurrently with the annexation and rezoning. In terms of Council making the final decisions, they would consider the Comprehensive Plan Amendment on November 16, that would be a single meeting, and then there'd be three meetings on the rezoning, so two additional meetings potentially ending December 21. Hensch asked if the Comprehensive Plan for this area was last updated in 2002 so almost 20 years ago. Lehmann replied for the District Plan yes. Hensch asked what some of the current uses of the land are to the east and to the north of this area. Lehmann stated directly east is the County Poor Farm property that is currently used for agriculture, but also used for events, to the northeast there is the facilities building for Johnson County, so outdoor storage of buses and some maintenance facilities, also the National Guard Readiness Center is over there, but directly north is agricultural. Hensch noted also present on the Johnson County Poor Farm are the Joint Emergency Communications Center and the Chatham Oaks residential care facility which is housing for the long term chronically mentally ill. Hensch asked what the distance from the landfill these 79 acres is. Heitner replied it's about half a mile to three quarters of a mile to the southwest depending on where they’re measuring. Hensch asked if the roadway through here from 218 to just past the landfill is all being currently improved. Lehmann confirmed it is. Hensch opened the public hearing. Jon Marner (MMS Consultants) is representing the applicant First he thanked staff as they have been working together on this project for close to six months and staff did a great job with the report and putting the packet together with a lot of useful information. Marner wanted to highlight one specific item, the comprehensive planning and zoning amendments that are being sought are to provide an opportunity for businesses that require close access to not only arterial roadways but also the interstate system. There are no finalized agreements at this time for any end users. Staff alluded to MidAmerican as a possible end user and is somebody that would fit this classification, but that’s not finalized at this time. Marner stated they feel that this use will be beneficial as there is a growing need or a future need based on the growth in this area for this type of use in the Iowa City community. Given the way the growth has moved towards the north and west and with the recent improvements to the IWV this is a natural location, they feel, to Planning and Zoning Commission September 16, 2021 Page 8 of 36 provide those uses. This location has arterial road access both on IWV right now and the future Highway 965 location that's planned to go along the east side of landfill at the western edge of this property. And of course, the property is in very close proximity to the interstate system. Marner noted regarding a few other items staff mentioned were comments, questions and concerns from the good neighbor meeting and also received written comments, they understand there was a concern about the proximity of this type of use to future residential development in the area. The southern edge of this property has a stream corridor that runs close to parallel to the property line and there's a lot of sensitive features, wetlands, some wooded areas, forest, as well as the stream corridor that runs north/south along the very west edge of the of the property. Those features, combined with a detention basin that they have currently planned for the property, account for approximately a third of the property and that is well above the required buffer for this zoning code for intensive commercial from residential. They are taking advantage of the natural features that are already in place and then extending them by providing the detention that's required as part of the City's ordinance and utilizing that area to help provide an additional buffer for any potential future residential development. Marner affirmed they did listen to those concerns, as part of that meeting, as the original detention basin they had planned did not extend all the way over to Slothower Road but they did extend it over all the way to Slothower Road so it provides a full buffer all the way along the south edge of the property. A couple other items Marner wanted to address were the changes to the area. There's a lot of growth in this area and some of the uses have changed since 2002 when the Plan was adopted such as the Joint Emergency Communication Center and the County's current plans as they have changed the Poor Farm for that area since then. One last item Marner wanted to address was the traffic flow on Slothower. Currently Slothower terminates just south of Wild Cat Lane to the south, there is no connection all the way through to Rohret Road, and it was an expressed concern in the Comprehensive Plan that it might be used as a cut through as it develops to the south. There is an opportunity either through design of traffic control features or rerouting that location to design that Slothower connection as it moves south towards Rohret to discourage the cut through the Comprehensive Plan alludes to at this time. Marner noted though all the anticipated traffic flow for this type of use will be to the interstate as those uses desire close and easy access to the interstate. They would typically utilize that entrance and would not go to the south, any potential flow to the south would likely occur due to residential development that continues as it grows to the south. Hensch stated it's a 79.4 acre site and about a third of the site will not be available for development because of the sensitive areas and detention basin which is about 26 acres so that the buffer area will all be to the south, or will that be distributed throughout the property. Marner stated they submitted a plan that would do a much better job of depicting the area, but it is wetlands and primarily a small stream corridor that runs north/south at the very western edge of the property. The zoning parcel that's described runs along the stream corridor on the western edge towards the western quarter of the property. The buffer he is referring to with the detention basin and natural features are extended further east to try to get as close to Slothower as possible. There's additional detention in the southwest corner next to that stream corridor and then the sensitive features that are located centrally right in the middle of the site along the south boundary is a combination of the stream corridor and wetlands. Planning and Zoning Commission September 16, 2021 Page 9 of 36 Hensch also asked about the extension of 965, he doesn’t recall the Iowa Department Transportation Commission having funded that project. Marner confirmed it's not, everything that they've alluded to is based on the City's Comprehensive Plan and long term. Hensch wondered on something like that how wide would the right-of-way typically be. Marner stated typically an arterial is at least 80 feet, oftentimes it will range up to 100, he knows there was discussion mentioned in the Comprehensive Plan of utilizing that particular right-of-way to provide some additional green space or to do a little bit of different design there to try to provide some extra screening from the landfill. Craig noted they spoke of the County’s plans for the Poor Farm and some of the correspondence had said something about the County's plans for the Poor Farm and they all know plans change, but what are the County's plans for the Poor Farm. Marner stated he hasn’t seen an updated plan lately, his reference to it was primarily the change when the County moved forward with their plan to develop the Poor Farm in some manner, as opposed to the previous plan that was in place whenever the Comprehensive Plan was written. The Comprehensive Plan alludes to some of that ground potentially becoming public or private development and park area, he doesn’t know if that's necessarily in their current plan. Marner added, and staff will probably touch on this during the rezoning application, one of the conditions suggested is a CZA to require S3 screening, so a higher level of screening, along Slothower to help with some of the visibility and to help buffer on the east side any potential users of the Johnson County Poor Farm. Lehmann noted he can touch a bit on that plan too as they recently updated their plan. The Johnson County Poor Farm site shows the area as continued agricultural and if they have residential uses it would be adjacent to the existing residential uses to the southeast of the property. Craig confirmed she hasn’t followed it closely but it was her understanding that the nature of the Poor Farm, while some of the individual uses may change, will still be pretty agriculture looking. Signs asked if they had any idea of the amount of this parcel or property that MidAmerican is interested in using. Marner replied it would depend on their total use, with the stream corridor and the unusable land in the buffer area, the maximum available land would be around 40 acres. Marner reiterated they’ve had a preliminary conversation at this point as far as their interest goes but this application and request is being developed in this manner and the requested zoning and Comprehensive Plan Amendment regardless of any user’s pursuance of the property. It fits the need for the area and an opportunity to provide it in a good location for any type of user. Townsend asked if at this point only MidAmerica has given an interest in this area. Marner can't speak directly to that as he is not part of the development team on the ownership side. He believes there's a chance that other parties are interested and MidAmerican Energy is just the one staff was aware of. Josh Entler (IWV Holdings) added they are committed to dedicating that vegetative buffer to make sure there's no structures and what that equates to is the south 20 acres would be reserved as vegetative buffer and the other six acres comes from that stream corridor going north and south on the western third of the parcel, so it'll be about a 20 acre reservation. Entler noted it is about seven times the required minimum buffer from commercial to residential so they're doing as much as they can to acknowledge that they heard some feedback at the good neighbor meeting and want to be committed to providing an adequate buffer on the property to make sure that should the landowners to the south want to do residential in the future they have Planning and Zoning Commission September 16, 2021 Page 10 of 36 a fair opportunity to do so. Padron asked for clarification on the size of the buffer. Entler explained it would be 350 feet going along the north and south and then it would stretch the entire width of the 70-acre parcel, so it equates to 20 acres of reservation. Entler also wanted to thank staff for spending lots of time and research kind exploring a variety of different options, they’ve come to similar conclusions and the point he wanted to hit on is commercial users are looking for larger contiguous tracts of land, not just little 5 and 10 acre parcels but looking for opportunities that could be 10 or 20 acre parcels that are close access to interstate 218 and the I-80/380 corridor as it is becoming a growing attractive location to have some intensive commercial uses. John Bergstrom (Slothower Farms) represents the family who owned the hundred plus acres directly south of the subject property. His involvement is he’s married to Sherri Slothower and her brother Tim is here tonight also and they've been monitoring things in this area for a while and have come to the conclusion they would like to object to this development. They just don't understand why blow-up years and years of planning and Comprehensive Plan zoning for a single 40-acre user because this development is going to be the first step of dictating what happens in a large overlay area. This area has always been anticipated to be residential and now all of a sudden as he reads the staff report, everything planned to accommodate a 40 acre user, MidAmerica. Bergstrom can appreciate the fact that they are having trouble finding a site, but why take an area here that affects large neighborhoods, it will affect whatever happens at the County Farm and it just doesn't make any sense. In reading the report, and his comments are in the packet but he would like to address that the changes that are in place at that intersection. Right now, the changes on the east side of the interchange really doesn't have much to do on the west side. That is a natural separation and the general area there south of Melrose hasn't changed much at all. Bergstrom talked to staff back in February and he went back through the notes and the things that jumped out was it's going to be residential and also there was a note that there is no commercial interest. Well, evidently there is by one user and it's intensive commercial, it's not a good neighbor for residential and why blow up this entire area. They were talking earlier about defining what an urban user is, well intensive commercial is very urban and it's not a compatible neighbor for residential. There was concerned about the buffer, 965 will be a natural buffer and he’s talked to residential developers, and they have concerns with the landfill so they think it actually provides a natural ending point for a neighborhood. Iowa City appears to be concerned about not having enough intensive commercial in the future, as he looked at the map shown tonight, there's plenty of land near other commercial areas and intensive commercial areas that could be land to develop. The current Fringe Area Agreement says that this type of development in the future should be south and west of the airport well this is certainly not south and west of the airport. Bergstrom can understand maybe some zoning changes but not this abrupt of one, if this corner was going to be neighborhood commercial or something like that it's complimentary to the residents that live in Country Club Estates and hopefully on the land that the Slothower family owns and the land to the south. Bergstrom would just ask to slow this thing down, this is a knee jerk reaction to a single user and it's a user that should not be on this corner. Eric Freedman (4401 Tempe Place) began by stating he agrees with Bergstrom and they just heard there's over 100 families in their community and several hundred more in the area surrounding Weber school and none of them really heard about this until they got an email from Planning and Zoning Commission September 16, 2021 Page 11 of 36 one person who happened to hear from Bergstrom and the board of their housing organization hasn't even had a chance to talk about it yet, this is too fast to allow a democratic process to occur. Another point is there actually is a plan for the Poor Farm and they need to know what is happening on that site before they make any decisions about what's happening across the street. His understanding is that there's trails being created there, people are going to be able to take walks and there's forested areas. He also believes there's going to be some housing for low income families and some other community farm sites on that site. Freedman stated it doesn't sound like the staff have a clear idea of what's happening there, and he thinks they need to get a better sense of what's happening there before they build across the street. Freedman also stated what the community that he lives in needs is neighborhood commercial as there's very few supermarkets or restaurants or anything close to them. They need a road that connects right to Melrose west of the highway so they can get to places north instead of having to weave all the way around to the east side of the highway through all the backstreets. Those things seem to be much higher priority than to make one exception for one company that wants to build there. Freedman would like to see a better picture of the whole area, is this going to be the only heavy commercial site or is there going to be more to the south or is it going to expand to the north, what's going to happen. He thinks they need to think about this in a broader more long-term light as opposed to this one organization that wants to build one thing in one place. They need to slow down and have a more democratic conversation among all the hundreds of families that are living there now. Jim Larimore (1143 Wildcat Lane) stated from his front yard they have a clear line of sight to the proposed building site and what he wanted to share tonight is that when his family decided seven years ago that they would make their home in that neighborhood they carefully reviewed the Comprehensive Plan and read through every word in the Southwest District Plan. They felt that it was a very thorough, very well thought through plan, and it gave them a lot of confidence for what the future of their neighborhood would be. His opinion is that the current proposal, in spite of the language that was used rather artfully in some of the reports, is not consistent with the Southwest District Plan, in fact the proposal reverses key parts of the Plan such as avoiding commercial development at the Melrose/218 interchange and preserving the rural and residential character of the area in question. Larimore takes issue with the idea that his neighbors and he should consider intensive commercial development as a buffer to protect their neighborhood when the documents from the City's Planning and Zoning Department included proposed requirements that would buffer them from the impact of the proposed intensive commercial development. If they need to be buffered from the proposed buffer, he doesn’t find it reasonable to consider that intensive commercial development actually acts as a buffer. Larimore seconds the call that the process should be slowed down, they should not act on a Comprehensive Plan in a piecemeal way, if the Comprehensive Plan is going to be revisited then do it in an open, inclusive process. The same type of process that was used about 20 years ago to develop the current Plan. Larimore reiterated his request the Commission don't rush a judgment and don't take a piecemeal approach to a Comprehensive Plan. Sherri Slothower Bergstrom (Slothower Farms) is one of the co-owners with her family of the Slothower Farm area that butts right up to the property that they're talking about here today. She wants to echo what everybody has said, this has happened really quick, they are the next-door neighbors and had no idea anything like this was being considered. The City talked about the good neighbor meeting and that there were four people there, well, the reason there were four people there is because no one was notified. There wasn't a sign what up on the property, they had to ask about that and then they were told that legally the City is only required to notify people Planning and Zoning Commission September 16, 2021 Page 12 of 36 within a 300-foot area of the property so none of the wonderful people that are here from the Country Club Estates area were notified and the people that live in their farmhouse currently were not notified. Bergstrom also noted they got a distinct impression that there's been a lot of conversations going on between the City and the developer, as the developer said, for nearly six months. Nobody knew anything, no one was notified about anything, and they felt like it was done before it even came to the neighbors. Bergstrom asked the Commission to think for one minute about what this means to the people that live in the beautiful neighborhood in the Country Club Estates neighborhood which is right across the road from her farmhouse. They are going to be looking at large lighting, tall fences, maybe even with security fencing, big trucks, lots of them, and it will be very disruptive. Bergstrom can't think of a buffer they could come up with no matter how long it stretches that is going to help them from the pollution, the light pollution, and the noise. This will change to the character of their neighborhood. Cindy Seyfer (36 Tempe Court) stated she doesn’t have a lot to add other than saying that she agrees with what her neighbors have said and many of them chose to live there for the specific reason that they had the rural residential mix. Her husband and she have the pleasure of looking out their back yard onto the Poor Farm and seeing the sunsets from their deck and seeing the dark night skies from their deck. She understands the need for public use and what might be in the public interest, but she also thinks there is a balance and to her this is not going to be the right balance for the interest of the public and the people if they move from rural residential to intensive commercial. That's just leaping too far, too fast, and she agrees with Sherri Bergstrom in terms of the ability for them to be part of the good neighbor process. There's a few of them here tonight, but there would have been even more that would have come out had they had an opportunity early on to be part of good neighbor discussions. Seyfer would like to encourage the Commission, as others have said, to slow down, involve the rest of the community, and to look closely and honestly at what the plan is for the future. One of the things they all appreciate about Iowa City is the concepts and ideals of transparency and inclusivity and they've not found that yet here but do appreciate the opportunity to be here tonight. They just want to be more involved in the process. Brenda Scott (1783 Lake Shore Drive) lives in the Country Club Estates and echoes what everyone has said here. If anyone has ever driven out there late at night, go to the end of one of these roads that they're talking about and see how dark it is. The biggest lights are coming from the landfill and adding a ton of lights in an industrial area going to completely change the neighborhood. Another thing to consider is as a parent of a West High student that's a young driver that has to head south and goes through Shannon Drive currently, she knows there's been talk of doing another road like Slothower was before Southwest Estates was built, but she has heard that they have that route through Lake Shore Drive potentially, which is where she lives, and that road has a ton of traffic, high speed traffic, so having additional traffic also go to Lake Shore to get to this area would be bad especially if they are talking about giant trucks going through a neighborhood filled with kids. Also, because the traffic to the east of this location would be going by West High it will cause issues. The main road to get to West High for everyone down there is Shannon Drive turning right to go to West High or turning left to get to Northwest Junior High. In the mornings that street is backed up so much and trying to add large industrial trucks into that is going to cause even more congestion and a dangerous situation for immature drivers. Scott acknowledged she doesn’t really understand when they say MidAmerican is going to be built there, what that means, is it a hub for their trucks or is it one of those giant energy plant type things. She would appreciate an answer that too. But overall, just the amount of traffic, the light, and changing the neighborhood is all happening way too fast. Planning and Zoning Commission September 16, 2021 Page 13 of 36 Tim Slothower (Slothower Farms) stated their family moved out to that area back in the early 70s and so they lived out there at a time when that road actually went through from Melrose to Rohret Road. About halfway down it turned into a mud road. Slothower also stated unfortunately there's a lot of traffic that uses that road, because if anyone wants to go south and then west the best place to go that direction is south on Slothower Road, from the interstate there is not a direct route to head south and west. So, when they moved out there, the road was through and they had constant traffic coming up and down that road from Secondary Roads. They had 30-40 dump trucks a day going up and down that road, and at that time it was a gravel road and it's not that much better now than it was back then. Slothower did have two questions, one is there going to be access from this new development to Slothower Road or will all the access be from Melrose and IWV. The other question he has is how much traffic would be going down a road if it does get connected to the subdivision. Again, he has lived on that road for 30 years and seen a lot of changes out there as far as traffic and that kind of thing and he hates to see it go back to that direction, it’s a nice quiet neighborhood and it should stay that way. Duane Kruse (965 Slothower Road) is one of the two residents that live on Slothower Road and agrees with what everybody has stated, it's beautiful out there at nighttime, it's dark with a great view of the stars and wonderful sunsets. He’s grown to love the land and got the distinct privilege of buying the family farmstead and three acres. They too were under the impression that when they purchased this land in the future, at some point in time, it would be developed to residential. He and his wife Kathy are opposed to this and think it should be very highly considered to jump in lightly on this. It is not wise for a lot of different reasons, one, as everybody stated, to put in heavy industrial is going to bring big lights and big fences. To his understanding MidAmerican Energy would have a storage facility, which they have one now to the south and it’s not very neat and orderly nor very attractive. Kruse spoke with the developer back there they have they have a large buffer strip which is very positive, but it changes everything, it changes the environment, it floods the area with lights, as the Iowa City landfill has done. The historic farm has also started to put up heavy lights that flood the area. Kruse stated if they had a magic wand they would just turn it all into a forest with ponds and maybe a park for the public to enjoy, but never industrial. Again, he stated he had his wife Kathy are most definitely opposed, the 49 pheasants that were in their front yard all winter long are opposed, their two dogs are opposed, their three cats are opposed. They love that land; he grew up on a farm and to see something in this magnitude really needs to be considered and take a pause and ask do they really need to change things to this nature. Kruse asked if this was in your backyard, would you want it there. Wind turbines are the most efficient use and are out in the ocean because east coast communities say no, they can't put them in their backyards because they have political power. Maybe the City needs to consider what's the real purpose here, why change something to this nature, because is that a wise move. Kruse doesn’t know that answer, but he does know this much from having the privilege of living out there for five years or so now, he has grown to love this property for a lot of different reasons, so he urges the Commission to reconsider this. Jim Seyfer (36 Tempe Court) had just a couple of points. Number one he is pretty astounded that there isn't more understanding or knowledge of what the County Poor Farms plans are so that is another reason to slow down. Secondly, he doesn’t have a master's in urban planning, but he thinks a principle of urban planning is to group and place and approve the proper activities in the right zones. As he looks at the maps and they're off in the west corner as a one-off proposal which would need to be rezoned. It doesn't belong there and intensive commercial just flies in the face of what he thinks urban planning should be all about. He just wants to echo his support Planning and Zoning Commission September 16, 2021 Page 14 of 36 for everyone else who has spoken before him. Hensch closed the public hearing. Signs moved to recommend approval of CPA21-0002, a proposed amendment to change the following for around 80 acres of property located south of IWV and west of Slothower: • The Comprehensive Plan future land use map designation from Rural Residential, Open Space, and Residential at 2-8 Dwelling Units Per Acre to Intensive Commercial; and • The Southwest District Plan future land use map designation from Single- Family/Duplex Residential and Future Urban Development to Intensive Commercial, and to change the text of the District Plan to what was included in the agenda packet. Townsend seconded the motion. Hensch noted the discussion now is relative exclusively to the amendment of the Comprehensive Plan and the question before the Commission as set forth by the rules of Iowa City is looking at the approval criteria for the amendment to the Comprehensive Plan to this area and there's two different items in this. His personal opinion is that the City has shown that these two items that have existed, that is, the circumstances have changed and/or additional information or factors have come to light, such as the proposed amendment is in the public interest. Hensch noted that is always the Commission’s purpose here, what are they looking at and what is best for the City of Iowa City, the entire city. The second area is what is proposed will be compatible with other policies and provisions of the Comprehensive Plan, including any district plans or amendments thereto. He believes both those circumstances and both those things are true so he’ll be supporting this application. Signs agrees and thinks Hensch made a good point that this piece is just around the Comprehensive Plan change and that there are other opportunities to put criteria in if anyone feels the need to as they go through the annexation and rezoning. He has struggled with this a little bit, but does think that the area has changed, and the intent of some of the future plans such as bringing 965 down on the west side and making it a major thoroughfare does enhance that or indicate that there's going to be even more change in the future. Having driven on IWV road many times there's a lot of dump trucks that go up and down that road so he certainly wouldn’t call it a quiet residential neighborhood. He is impressed with the buffering that's naturally created and the retention basin. As he looks forward to potentially the rezoning he probably would be inclined to encourage a lot of buffering on the property as a whole, but he feels like the growth of the residential area is coming from the south, he doesn’t foresee a big developer come out on IWV road north of the landfill or next to the County property there. He thinks the development that has occurred out there west of the interstate has started a pattern and started a trend of use that is not inappropriate, certainly it can be subject to other people's visions, but it seems to be a logical place to continue on with some of that commercial, industrial use and continue to focus development to the south for residential and they know that there's a large residential proposal south of Rohret Road and if he had to guess that's where the residential growth is going to be in Iowa City in the coming years. He just doesn’t see residential really happening along IWV road and so he is inclined to think that the change in the Comprehensive Plan based on the changes in circumstances and the community needs warrants approval, and he will be supporting this. Planning and Zoning Commission September 16, 2021 Page 15 of 36 Townsend stated she is torn because of the intensive commercial in what was supposed to be a residential area, so she is still pondering that even though it has changed and it's going to continue to change, especially with the new development off of Rohret Road. Craig stated she is supportive of the of the change, staff makes the case for the changes that have happened and occurred and agrees that when you drive down Melrose and IWV it is not a residential neighborhood. Hensch stated in the immediate area it's pretty hard to see this as residential with the National Guard Armory, the SEATS and Secondary Roads campus, the Joint Emergency Communications Center, Chatham Oaks residential care facility, it’s just not a residential character of that neighborhood. Signs agrees with Townsend and thinks there needs to be a lot of buffering but is impressed with the buffering that is currently proposed and won't have any problem suggesting maximum buffering when they get to some of the other phases as property develops, but he does think that's key, but there is quite a bit already there 300 feet is a lot of butter, that's a football field. Padron stated she will not be supporting this; she is concerned with the sensitive areas around the intensive commercial. Commercial is not a kind of buffer. Also, the Poor Farm has been used lately to for festival and family activities and this is too close to the Poor Farm and if that's the intention, or the plan, of how to use the Poor Farm, then there are too many concerns for her. Padron also didn’t like that there weren't enough neighbors at the good neighbor meeting, there should have been more people there. A vote was taken and the motion failed 3-2 (Townsend and Padron dissenting). CASE NO. ANN21-0003 & REZ21-0006: Location: SW corner of Slothower Road and IWV Road a. An application for an annexation of approximately 70.39 acres of land currently in unincorporated Johnson County. b. An application for a rezoning from County Agricultural (A) to Intensive Commercial CI-1) for approximately 53.36 acres, Interim Development Commercial ( ID-C) for approximately 17.03 acres, and approximately 9 acres of land from Rural Residential RR-1) to Intensive Commercial (CI-1). Heitner stated the presentation is going to have a lot of similarity between this agenda item and the previous agenda item so he would try to not be duplicative in the interest of time. He began with an aerial view of subject property and an overview of the existing zoning noting County Agriculture, Rural Residential and County Residential. Heitner noted the majority of the 70 acres of subject property is located in the growth area of the Fringe Area Agreement, there is a little strip, around 9 acres, to the east that is already in the City limits. That nine-acre strip along with about 53 acres of the proposed annexation would seek CI-1 (Intensive Commercial) zoning and the remaining balance to the west would seek ID-C (Interim Development Commercial) zoning for about 17 acres. Date: October 21, 2021 To: Planning & Zoning Commission From: Ray Heitner, Associate Planner Re: REZ21-0006 – IWV/Slothower Rezoning – Updated Conditions BACKGROUND: On September 16, 2021, the Planning and Zoning Commission held a public hearing on a rezoning of property located south of IWV Road and west of Slothower Road from County Agricultural (A) zone to Intensive Commercial (CI-1) zone for 53.36 acres, and to Interim Development – Commercial (ID-C) zone for 17.03 acres. The application also included a rezoning of 9 acres of Rural Residential (RR-1) to Intensive Commercial (CI-1) zone. The rezoning was recommended for approval by the Commission by a vote of 4-1. At that same meeting, the Commission considered an amendment to the comprehensive plan for this same property. That amendment did not pass, so the applicant has submitted a new comprehensive plan amendment, which the Commission is considering contemporaneous with this agenda item. In the event that this new comprehensive plan amendment receives the required 4 votes to recommend approval, then the Commission should reconsider the rezoning conditions. ANALYSIS: The newly requested comprehensive plan amendment seeks to mitigate the negative externalities of intensive commercial use on the surrounding land, particularly the undeveloped land to the south currently shown as appropriate for rural residential on the City’s Comprehensive Plan Future Land Use Map. Concerns about these negative externalities were raised at the September 16, 2021 meeting. Rather than changing the boundaries of the Intensive Commercial zoning designation, Staff recommends imposing additional conditions on the land to be zoned Intensive Commercial to ensure that the goals of the Comprehensive Plan are met and the public need for this buffering are satisfied. To be consistent with the comprehensive plan’s identified public need for buffering the intensive commercial uses along the south 350’ of the subject property, Staff recommends that when the land is platted, the Owner should dedicate to the City a buffer easement and impose upon the land a use restriction prohibiting development within 350 feet of the southern boundary of the subject property. Such use restriction should prohibit installation of structures, parking lots, drive aisles, or loading areas. Streets may be necessary, as determined through the subdivision process. Additionally, at the time the land is platted and upon construction of the public improvements, the Owner shall plant landscaping to the S3 standard along the southern boundary within this easement area in locations that do not contain sensitive areas or sensitive areas buffers, as identified on the approved Site Grading and Erosion Control Plan and Sensitive Areas Plan. STAFF RECOMMENDATION: Staff recommends approval of REZ21-0006, a rezoning of approximately 53.36 acres from County Agricultural (A) to Intensive Commercial (CI-1), 9 acres from Rural Residential (RR-1) to Intensive October 15, 2021 Page 2 Commercial (CI-1), and 17.03 acres from County Agricultural (A) to Interim Development Commercial (ID-C) subject to the following conditions: 1. Prior to issuance of any building permit, Owner shall plat the property herein rezoned to follow the zoning boundaries. a. Said plat shall show a buffer easement area generally 350’ wide consistent with the comprehensive plan map. This easement area shall be governed by an easement agreement, in a form acceptable to the City Attorney. This easement area shall be planted according to a landscape plan approved by the City Forester at such times as required by the subdivider’s agreement. b. Said plat shall include the dedication of right-of-way along the Slothower Road frontage in a size and location approved by the City Engineer to allow Slothower Road to be improved to City urban design standards. 2. Pursuant to Iowa City Code Title 15, Owner shall, contemporaneous with the final plat approval, execute a subdivider’s agreement addressing, among other things, the following conditions: a. Owner shall contribute 25% of the cost of upgrading Slothower Road, south of any future access, to collector street standards, adjacent to the subject property. b. Owner shall install landscaping to the S3 standard along the Slothower Road and IWV Road frontages; c. Improve Slothower Road to the southern end of any future access off Slothower Road. 3. For all lots fronting IWV Road and Slothower Road, loading areas, and outdoor storage shall not be located between the front facade of the principal structure and the public right-of-way line. Approved by: __________________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services STAFF REPORT To: Planning and Zoning Commission Item: ANN21-0003/REZ21-0006 Prepared by: Ray Heitner, Associate Planner Date: September 16, 2021 GENERAL INFORMATION: Applicant: MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 319-351-8282 l.sexton@mmsconsultants.net Contact Person: Jon Marner MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 319-351-8282 j.marner@mmsconsultants.net Owner: Matt Adam IWV Holdings, LLC. 319-248-6316 madam@spmblaw.com Requested Action: Annexation & Rezoning Purpose: Annexation of 70.39 acres of land currently in unincorporated Johnson County and rezoning it from County Agricultural (A) zone to Intensive Commercial (CI-1) zone and Interim Development – Commercial (ID-C) zone. Rezoning of 9 acres of Rural Residential (RR-1) to Intensive Commercial (CI-1) zone. Location: South of IWV Road and west of Slothower Road. Location Map: 2 Size: Annexation and rezoning - 70.39 acres; Rezoning within the City limits – 9 acres Existing Land Use and Zoning: Farmland, Rural Residential (RR-1) and County Agricultural (A) Surrounding Land Use and Zoning: North: (Farmland) County Residential R and Rural Residential RR-1 South: (Farmland, Rural Residential) County Agricultural A and Rural Residential RR-1 East: (Johnson County Poor Farm) Neighborhood Public P-1 West: (Farmland) County Agricultural A Comprehensive Plan: Intensive Commercial1 District Plan: Southwest District Plan - Single- Family/Duplex Residential, Future Urban Development, & Vegetative Noise and Sight Buffer Neighborhood Open Space District: SW5 – Only for the 9 acres currently in the City limits. Public Meeting Notification: Property owners located within 300’ of the project site and residents of the Country Club Estates Fourth and Fifth Addition Subdivisions received notification of the Planning and Zoning Commission public meeting. Rezoning signs were also posted on the site. File Date: May 27, 2021 45 Day Limitation Period: NA BACKGROUND INFORMATION: The owner is requesting annexation and rezoning of 70.39 acres of property located south of IWV Road and west of Slothower Road. The owner has requested that the property be rezoned from County Agricultural (A) to Intensive Commercial (CI-1) for approximately 53.36 acres, and to Interim Development Commercial (ID-C) for approximately 17.03 acres. In addition, the owner has requested a rezoning of approximately 9 acres of land currently located within the City limits from Rural Residential (RR-1) to Intensive Commercial (CI-1). 1 Pending approval of the associated Comprehensive Plan amendment to Intensive Commercial land use, per case number CPA21-0002. 3 The 70.39 acres of land that is currently located outside of the city limits is adjacent to Iowa City’s current boundary and within Fringe Area C, inside the City’s growth area of the Johnson County/Iowa City Fringe Area Agreement. The Southwest District Plan shows this area with a future land use designation of Rural Residential for the majority of this land, with a narrow strip of private/public open space to the west, bordering the City’s landfill. The Southwest District Plan shows the portion of the subject properties that is currently within the City limits as Residential at 2-8 dwelling units per acre. The owner has also applied for a comprehensive plan amendment with the subject annexation and rezoning applications. If approved, the comprehensive plan amendment would change the future land use designations to Intensive Commercial. The owner has used the Good Neighbor Policy and held a Good Neighbor Meeting on July 28, 2021. Four neighbors attended. Attachment #11 provides the summary report of the meeting provided by the applicant. Staff has received one email expressing opposition to the annexation and rezoning, which is attached as correspondence. In addition, staff received several emails and phone calls asking questions about the annexation and rezoning. Pursuant to state code requirements for voluntary annexations, City staff held a consult with two Union Township Trustees on Thursday, July 29, 2021 to discuss the proposed annexation application. Trustees expressed concern about the loss of productive farmland and Township tax revenue losses. ANALYSIS: Annexation: The Comprehensive Plan has established a growth policy to guide decisions regarding annexations. The annexation policy states that annexations are to occur primarily through voluntary petitions filed by the property owners. Further, voluntary annexation requests are to be reviewed under the following three criteria. The Comprehensive Plan states that voluntary annexation requests should be viewed positively when the following conditions exist. 1. The area under consideration falls within the adopted long-range planning boundary. A growth area is illustrated in the Comprehensive Plan and on the City’s Zoning Map. The subject property is located within the City’s long-range growth boundary. 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. The Southwest District Plan identifies the subject area as being appropriate for annexation and development upon provision of sanitary sewer service. A sanitary sewer main line can be extended to the west from its current endpoint near the Johnson County Poor Farm property, along the south side of IWV Road. The extension could service the properties that would be rezoned to Intensive Commercial (CI-1) zoning. The property seeking Interim Development Commercial zoning to the west will likely need a lift station for future sanitary sewer service to be provided. Since there are no plans to sewer this property right now, an interim zone is appropriate. The City’s 2021 Capital Improvement Plan has budgeted over $5,000,000 for improvements to Melrose Avenue between Highway 218 and Hebl Avenue. These improvements will bring this stretch of roadway into compliance with the City’s Urban Design Standards. As a part of these improvements, the City will also be extending its water main west to the City landfill site, allowing any future development between Highway 218 and the landfill to tap into the water main. Development in this area will engender suitable development to utilize these improvements, while providing the City with needed land for Intensive Commercial use. Staff’s analysis for the associated comprehensive plan amendment (CPA21-0002) revealed that 4 approximately 13% of the City’s Intensive Commercial zoned land is vacant. Furthermore, what land is available for Industrial use tends to be clustered in the southeast section of the City, in the City’s Industrial Park and south of the Highway 1 at the US-218 interchange and north and east of the airport. While these are suitable locations for some industrial or intensive commercial uses, these properties may not have the desired degree of highway access that other Intensive Commercial or Industrial users may require. In addition, many of these vacant parcels are less than 2 acres in size. Lastly, the Comprehensive Plan encourages growth that is contiguous and connected to existing neighborhoods to reduce the costs of providing infrastructure and City services. The subject properties are bordered by the city limits on the east side. Therefore, the subject property is contiguous to current development and meets the goal of contiguous growth. 3. Control of the development is in the City’s best interest. The property is within the City’s designated Growth Area. It is appropriate that the proposed property be located within the City so that future development may be served by Fire, Police, water, and sanitary sewer service. Annexation will allow the City to provide these services and control zoning so that development of the subject area is compatible with the Comprehensive Plan. For the reasons stated above, staff finds that the proposed annexation complies with the annexation policy. Current Zoning: The western properties are currently zoned County Agricultural (A), while the eastern property already within the city limits is zoned Rural Residential (RR-1). The County (A) zone is intended to provide land for all types of agricultural production. The zone allows for a wide range of agriculturally oriented uses, as well single-family dwellings and manufactured homes. The City’s RR-1 zone is intended to provide a rural residential character for areas in the city that are not projected to have the utilities necessary for urban development in the foreseeable future or for areas that have sensitive environmental features that preclude development at urban densities. Proposed Zoning: The request is to rezone the eastern two properties as Intensive Commercial (CI-1) zone, and Interim Commercial zone (ID-C) for the far western property. This request is consistent with the Comprehensive Plan amendment application filed contemporaneously with this application, which staff supports for the reasons set forth in the associated staff report. Because the requested rezoning boundaries do not follow existing property lines, however, a plat is necessary to establish property lines consistent therewith. The purpose of the Interim Development (ID) zone is to provide for areas of managed growth in which agricultural and other nonurban uses of land may continue until such time as the City is able to provide services and urban development can occur. The ID zone is the default zoning district to which all undeveloped areas should be classified until City services are provided. Upon provision of City services, a rezoning to zones consistent with the Comprehensive Plan may be considered. The western property, shown in purple in Figure #1, does not have an immediate solution for sanitary sewer service. Therefore, an ID zone is appropriate. 5 Figure 1 – Western ID-C Parcel The purpose of the Intensive Commercial (CI-1) zone is to provide areas for those sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by activities or operations conducted in buildings or structures not completely enclosed. The types of retail trade in this zone are limited in order to provide opportunities for more land intensive commercial operations and to prevent conflicts between retail and industrial truck traffic. City Code specifies that special attention must be directed toward buffering the negative aspects of allowed uses from adjacent residential zones. The uses in Table 1 are permitted by right in a CI-1 zone. Table 1 – Uses Permitted by Right in a CI-1 Zone Use: Examples: Building Trade Uses Electrical, plumbing, heating, and air conditioning contractors, etc. Commercial Recreational Uses Outdoor: Campgrounds; commercial tennis and swimming facilities; drive-in theaters; outdoor skating rinks; golf driving ranges; outdoor miniature golf facilities; etc. Indoor: Physical fitness centers; health clubs; gyms; bowling alleys; indoor skating rinks; etc. Eating Establishments Restaurants; cafes; cafeterias; coffee shops; etc. Office Uses Professional offices, such as lawyers, accountants, engineers, architects, and real estate agents; financial businesses, such as mortgage lenders, government offices; etc. Retail Sales Sales Oriented: Stores selling, leasing, or renting consumer, home, and business goods. Personal Service Oriented: Retail banking establishments, laundromats, catering services, dry cleaners, tailors, shoe repair, etc. Repair Oriented: Repair of consumer goods, such as electronics, bicycles, office equipment; appliances. 6 Hospitality Oriented: Hotels; motels; convention centers; guesthouses; and commercial meeting halls/event facilities. Outdoor Storage and Display Oriented: Lumberyards; sales or leasing of consumer vehicles, including passenger vehicles, light and medium trucks, etc. Alcohol Sales Oriented: Liquor stores; wine shops; grocery stores; convenience stores; etc. Delayed Deposit Service Uses: Payday lenders and any other similar use that meets the definition of "delayed deposit service use", as defined in chapter 9, article A of Title 14 of the City Code. Industrial Service Uses Facilities, yards, and preassembly yards for construction contractors; welding shops; machines shops; tool repair; electric motor repair; repair of scientific or professional instruments; repair of heavy machinery; towing and vehicle storage; servicing and repair of medium and heavy trucks; etc. Self-Service Storage Uses Miniwarehouses; ministorage facilities. Warehouse and Freight Movement Uses Separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck and air freight terminals; etc. Wholesale Sales Uses Wholesale sales and rental of heavy trucks, machinery, equipment, building materials, special trade tools, welding supplies, machine parts, etc. In addition to the uses that are permitted by right, several uses are permitted provisionally. Provisional uses must abide by additional requirements, which are detailed in section 14-4B-4 of the City Code. Attachment #12 provides a more detailed analysis of the additional criteria that is required for each provisional use. The uses in Table 2 are permitted as provisional uses in a CI-1 zone. Table 2 – Provisional Uses in a CI-1 Zone Use: Examples: Adult Business Uses Adult bookstores; adult video stores; nightclubs featuring nude dancing. Animal Related Commercial Uses General: Veterinary clinics; animal grooming establishments; pet crematoriums; animal daycare; indoor animal recreation. Intensive: Kennels; stables. Quick Vehicle Servicing Uses Full serve and miniserve gas stations; unattended card key service stations; car washes. Vehicle Repair Uses Vehicle repair shops; auto body shops; transmission and muffler shops; etc. General Manufacturing Manufacturing, compounding, assembling or 7 treatment of most articles, materials, or merchandise. Basic Utility Uses Utility substation facilities; water and sewer lift stations, water towers, and reservoirs. Community Service – Long-term Housing Long term housing for persons with a disability operated by a public or nonprofit agency. Daycare Uses Childcare centers; adult daycare; preschools and latchkey programs not accessory to an educational facility use. Communication Transmission Facility Uses Broadcast towers and antennas; wireless communication towers and antennas; etc. Furthermore, several uses in the CI-1 zoning designation are permitted by special exception. Uses permitted by special exception must be approved by the City’s Board of Adjustment. Like provisional uses, uses requiring special exception must meet additional criteria. Attachment #12 provides a more detailed analysis of the additional criteria that is required for each use that is permitted by special exception in the CI-1 zone. The uses in Table 3 are permitted by special exception in a CI- 1 zone. Table 3 – Uses Permitted by Special Exception in a CI-1 Zone Use: Examples: Assisted Group Living Group care facilities, including nursing and convalescent homes; assisted living facilities. Heavy Manufacturing Concrete batch/mix plants; asphalt mixing plants; meatpacking plants; sawmills and planning mills; etc. Basic Utility Uses Utility substation facilities; water and sewer lift stations, water towers, and reservoirs. Community Service – Long Term Housing Long term housing for persons with a disability operated by a public or nonprofit agency. Community Service - Shelter Transient housing operated by a public or nonprofit agency. General Community Service Libraries; museums; transit centers; park and ride facilities; senior centers; community centers; neighborhood centers; youth club facilities; etc. Detention Facilities Prisons; jails; probation centers; juvenile detention homes; halfway houses. Education Facilities (Specialized) Music schools, dramatic schools, dance studios, martial arts studios, etc. Utility-Scale Ground-Mounted Solar Energy Systems A solar energy system that is structurally mounted on the ground and is not roof mounted, and the system’s footprint is at least 1 acre in size. Communication Transmission Facility Uses Broadcast towers and antennas; wireless communication towers and antennas; etc. Rezoning Review Criteria: Staff uses the following two criteria in the review of rezonings: 1. Consistency with the comprehensive plan; 2. Compatibility with the existing neighborhood character. 8 Compliance with Comprehensive Plan: The current Southwest District Plan future land use map designates this area as appropriate for rural residential uses and private/public open space. The owner has requested, and staff supports, an amendment to this plan to show this area as appropriate for Intensive Commercial. The plan amendment would also change the Southwest District Plan’s future land use map from Single-Family/Duplex Residential for the 9 acres within the city limits, and as Future Urban Development for the remaining acres located outside of the city limits to Intensive Commercial. That amendment is being contemporaneously considered by the Commission and the reasons for Staff’s recommendation are described in detail in that staff report. Assuming that the amendment is approved, this application would be consistent therewith. The Comprehensive Plan identifies several goals and strategies regarding commercial and industrial development. Specifically: • Use the District Plans to identify appropriate commercial nodes and zone accordingly to focus commercial development to meet the needs of present and future population. • Identify, zone, and preserve land for industrial uses in areas with ready access to rail and highways. • Target industrial and business sectors that align with Iowa City’s economic strengths, including biotechnology, healthcare, advanced manufacturing, information technology, education services, and renewable energy. • Focus growth within the Iowa City urban growth area by using the City’s extra-territorial review powers to discourage sprawl and preserve prime farmland. The Weber Subarea of the Southwest District Plan’s Future Land Use Map designates the subject properties as appropriate for future urban development until sewer service is extended and lift stations are constructed where required. The subject properties will eventually be bordered by arterial streets along the north (Melrose Ave./IWV Rd.) and west (Hwy. 965 extension) sides, with eventual improvements to Slothower Road creating a major collector street along the east side. The subject properties also fall within a ½-mile to 1-mile distance of the Melrose Ave./Hwy. 218 interchange. The enhanced road network and highway adjacency make this land desirable for future commercial or industrial development. While the City’s comprehensive plan amendment analysis showed that there is a supply (approximately 51 acres) of vacant Intensive Commercial land within the current city limits, the suitability and location of much of that land may be inadequate, based on highway proximity and land area constraints The analysis also forecasted a potential growing need for future Intensive Commercial lands, given the region’s increasing population and the ever-increasing demand for warehousing and logistics-oriented space. While the proposed annexation and rezoning would likely result in the removal of productive farmland, it is in the City and County’s interest to ensure that this development takes place within the City’s growth area, so as to not create “leapfrog style” development that cannot be adequately served by City services. Figure #2 below shows an outline of the City’s current Growth Area within the Fringe Area. The subject properties that are outside of the City limits are highlighted within the Growth Area, in Fringe Area C. Land that is located within the City’s Growth Area is anticipated to be annexed into the City and further developed. 9 Figure #2 – Growth Area Map Compatibility with Existing Neighborhood Character: The subject properties are adjacent to undeveloped farmland to the north, south, and west. A mixture of farmland, streams, and woodlands can be found throughout these properties. The properties to the south and west contain County Agricultural (A) zoning, while the properties to the north contain a split of County Residential (R) and City Rural Residential (RR-1) zoning. The Johnson County Poor Farm is immediately east of the subject property. The Poor Farm currently contains farmland (approximately 400’ x 1,270’) for the entire stretch of adjacent property, across from Slothower Road. The County has expressed a desire to develop the southwest portion of the Poor Farm property with future residential dwellings, but it is not believed that this portion of the property will be directly across from this application’s subject properties. Still, to soften the transition from an Intensive Commercial land use to an agricultural/residentia l use to the east, staff is proposing a condition that the developer provide an S3 landscape buffer along the entire Slothower Road frontage. In addition, staff is proposing a condition that the developer submit a landscape plan, which shall be approved by the City Forester, prior to issuance of any building permits for the subject properties. The current land use composition changes outside of the immediately adjacent properties. About 650’ southwest of the southwestern extent of the subject properties begins the northern portion of the Iowa City landfill. While the areas abutting the landfill are currently still agricultural in nature, prudent planning would dictate that as the area between the landfill and Highway 218 continues to develop, uses should be scaled in intensity from the landfill, a geographically large area with several negative externalities (noise, odors, etc.) to the existing residences that can be found east of Slothower Road. The Weber Subarea Plan briefly touches upon the need to buffer residential uses from the landfill. Based on projected long-term demand and the characteristics of the subject 10 properties, including access to US-218 and intensive commercial uses being appropriate as a buffer against future landfill expansion and US-965 extension, the subject properties will likely be desired for future commercial or intensive commercial development. Furthermore, land located northwest of the Melrose Avenue/Highway 218 interchange is already zoned Public and contains lighter industrial and institutional uses in a County Public Works facility and an Iowa Armory Board facility. These public zones that contain more intense uses are directly adjacent to farmland and residential zoning (City and County), giving the corridor a light industrial aesthetic. The City’s Commercial Site Development Standards provide some initial restrictions pertaining to the screening of parking and loading areas. Parking and loading areas must be set back at least 10' from any front and street-side lot lines. However, any loading area, parking spaces or aisles located within 50' of a residential zone boundary must be set back at least 20' from the front or street-side lot line. The Standards go on to specify that all areas of the site that are not used for buildings, parking, vehicular and pedestrian use areas, sidewalk cafes and plazas must be landscaped with trees and/or plant materials. A landscaping plan must be submitted for site plan review. Furthermore, surface parking areas, loading areas, and drives must be screened from view of abutting properties to at least the S2 standard. Additional screening is required for properties that abut properties zoned residential. Parking areas, loading areas, and drives must be screened from view of any abutting property zoned residential to at least the S3 standard. Staff is proposing a condition to require an S3 High Screen, along the property’s eastern frontage. While outdoor storage and display oriented retail is a permitted use in a CI-1 zone, the Commercial Site Development Standards do regulate where these uses can locate, and how they are screened from public view. The Standards detail that outdoor storage of materials in the CH- 1 and CI-1 zones is permitted, provided it is concealed from public view to the extent possible. If it is not feasible to conceal the storage areas behind buildings, the storage areas must be set back at least 20' from any public right of way, including public trails and open space, and screened from view to at least the S3 standard. With respect to views into the subject properties from the south, the Standards elaborate that any outdoor display area located along a side or rear lot line that does not abut a public right of way must be set back at least 10' from said lot line and screened from view of abutting properties to at least the S2 standard. If the display area is adjacent to a residential zone boundary, it must be screened to the S3 standard. Although the zoning code includes regulations that further regulate parking areas, loading zones, and outdoor storage to ensure compatibility with surrounding land uses, staff proposes a condition of the rezoning that parking, loading areas, and outdoor storage shall either not be located between the front facade of the principal structure and the front yard right-of-way line, or be screened to the S3 standard along the IWV Road frontage. Staff is recommending this condition for the following reasons. Shielding these uses from the IWV Road right-of-way will help implement the Comprehensive Plan’s goal of emphasizing green components in all street improvement projects, especially along arterial roads and entryways into the City. This portion of IWV Road is both an arterial road and an entryway into the City from the west. The Comprehensive Plan also encourages the preservation and enhancement of entryways into the City. Implementing the requested screening along the IWV Road right-of-way will enhance the aesthetics of the entryway into the city. In addition to the baseline standards in the Commercial Site Development Standards, Attachment #12 provides more detail on the additional criteria that applies to Provisional Uses in a CI-1 zone. In general, the additional criteria require additional setbacks from certain other uses (residential, religious, educational facility, etc.) as well as techniques to screen these CI-1 uses from adjacent lower intensity uses. Hours of operation may also be restricted for certain uses, such as vehicle repair uses. Certain General Manufacturing uses, such as chemical product manufacturing, 11 milling, motor vehicle manufacturing, and the processing of rubber and plastics are also prohibited in the CI-1 zone. Attachment #12 also provides more detail on the additional criteria that would be reviewed for any uses seeking a special exception from the Board of Adjustment. As is the case with additional criteria for provisional uses, the special exception criteria add more specific restrictions on use setbacks, screening, and outright restriction of certain uses. An example of this is Heavy Manufacturing, which is limited to concrete mixing plants that require a 500’ buffer from any residential zone. The existing use specific criteria and special exception process provides additional regulation that are aimed are reducing conflicts with neighbors. While the combined acreage of the subject properties is over 79 acres, much of the land to the south will not be able to be fully developed since there are existing sensitive areas and logical places for stormwater detention. This creates a generous buffer of at least 1,700’ from the nearest existing residential use to the southeast and any potential CI-1 use. In addition, required improvements to Slothower Road, upon subsequent development, to collector street standards will create a 66’ wide right-of-way, which should create a clear physical distinction between the potential Intensive Commercial use on the subject properties and the rural and residential uses to the east and southeast. Lastly, as described previously, the IWV/Melrose corridor does already have some existing uses of higher intensity to the east, with the Iowa City landfill located further west. A high landscape screen along the property’s east side and the additional regulations applicable to more intense CI-1 uses will help ensure compatibility with the surrounding neighborhood character. Environmentally Sensitive Areas: The subject properties contain several sensitive areas, as shown on the Sensitive Areas Plan (Attachment #6). The sensitive areas plan meets the woodland retention requirements and wetland buffer requirements and is not requesting any buffer reductions. Because there are no impacts to these areas or requested buffer reductions, the sensitive areas are reviewed under a Level 1 Sensitive Areas Review. This level of review is not considered a type of planned development. The southern ¼ of the properties that are seeking Intensive Commercial zoning (CI-1) contains a blue line stream and a 50’ stream corridor buffer. The area also contains .37 acres of wooded wetlands and .95 acres of emergent wetlands. The southern wetland (Wetland “A” from the Wetland Delineation Report, Attachment #7) is bordered by a 100’ wetland buffer. Due to the location of sensitive areas within the southern portion of these properties, future development in this southern ¼ will not be allowed, thereby creating a natural buffer from development to the south. An additional wetland (Wetland “B” from the Wetland Delineation Report, Attachment #7) is found on the westernmost property. This wetland contains .75 acres of wooded wetlands and .5 acres of emergent wetlands. This wetland also contains a 100’ buffer. A stream bisects this property; however, it is not regulated under Iowa City’s sensitive areas ordinance due to its lack of an ordinary high watermark. The westernmost property also contains 2.02 acres of sensitive woodlands, along with a 50’ woodland buffer. A small area of steep slopes can be found adjacent to both Wetland “A” and Wetland “B”. According to the Office of the State Archaeologist, the subject properties are not on record as ever having been subject to professional archaeological investigation. Examination of available data suggests the area to be a low to moderate probability location for preservation of significant archaeological resources. No archaeological investigations are deemed warranted. If in the course of ground-disturbing development activities unanticipated discovery of apparent 12 archaeological materials occurs, then construction activities must cease within 50 feet of the discovery and staff from the State Historic Preservation Office and Office of the State Archaeologist must be notified and allowed to evaluate and consult. Traffic Implications: As of 2018, Iowa DOT traffic counts showed an average daily trip count of approximately 2,000 vehicles per day on IWV Road in the vicinity of the subject properties. There are no recent counts for vehicles on Slothower Road, but any counts for Slothower are assumed to be insignificant, given the road’s rural character. At 2,000 vehicles per day, this stretch of IWV Road is well below the arterial capacity of approximately 17,000 vehicles per day for a two-lane roadway. Access and Street Design: There is an existing driveway cutout along the south side of IWV Road where the potential end user can obtain access from IWV Road. The City’s Access Management Standards discourages direct access to arterial roads when possible. Should the property to the west develop later, an additional access onto IWV Road will be required, unless a cross access easement to a singular access of IWV Road becomes feasible. Access to the site will be determined during site plan review. The attached grading plans shows two separate conceptual access points off IWV Road to the eastern property. These access points are conceptual and not supported by staff. Access to a future development at the southwest corner of IWV Road and Slothower Road will likely require an access point off Slothower Road as well. This is the City’s preferred point of primary access to the overall site. The applicant will be responsible for any improvements needed to the southern end of the future Slothower Road access point. Furthermore, since Slothower Road is planned to be a future collector street, the applicant will be responsible for 25% of the cost of upgrading the remaining portion of Slothower Road (south of the previously described required improvements) for the entire section of Slothower Road that is adjacent to the subject property. In addition, staff will be recommending a condition that the applicant dedicate the necessary amount of land needed for a 66’ wide right-of-way along the Slothower Road frontage. Stormwater Management: On the applicant’s Site Grading and Erosion Control and Sensitive Areas Plan, stormwater management for the eastern two properties (intended to be developed as one property) is shown as provided via three separate on-site detention basins. One smaller basin is shown in the northeast section of the subject properties, while the other two basins would be situated in the southern ¼ of the subject properties, closer to the southern property boundary. Stormwater calculations will be reviewed more thoroughly once the properties are replatted to conform to the proposed zoning boundary lines. Infrastructure Fees: In addition to the previously described roadway improvements, the developer will be required to pay a water main extension fee of $503.57 per acre before public improvements are constructed. The subject properties will not be required to pay sanitary sewer tap-on fees. NEXT STEPS: After recommendation from the Planning and Zoning Commission the following will occur: • City Council will need to set a public hearing for both the annexation and rezoning. • Prior to the public hearing, utility companies and non-consenting parties will be sent the annexation application via certified mail. • City Council will consider the comprehensive plan amendment (CPA21-0002), annexation (ANN21-0003), and rezoning (REZ21-0006). • The application for annexation will be sent to the State Development Board for consideration and approval. 13 STAFF RECOMMENDATION: Staff recommends approval of ANN21-0003, a voluntary annexation of approximately 70.39 acres of property located south of IWV Road and west of Slothower Road. Staff also recommends approval of REZ21-0006, a rezoning of approximately 53.36 acres from County Agricultural (A) to Intensive Commercial (CI-1), 9 acres from Rural Residential (RR-1) to Intensive Commercial (CI-1), and 17.03 acres from County Agricultural (A) to Interim Development Commercial (ID-C) subject to the following conditions: 1. Prior to issuance of a building permit, Owner shall: a. Plat all the property herein rezoned to follow the zoning boundaries; b. Submit a landscape plan, which shall be approved by the City Forester, to ensure that, when developed, the subject property is designed in a manner that emphasizes green components within its location along an arterial and as an entryway into the City. c. Owner shall contribute 25% of the cost of upgrading Slothower Road, south of the proposed access, to collector street standards, adjacent to the subject property. 2. Prior to issuance of a certificate of occupancy on the property fronting Slothower Road: a. Installation of landscaping to the S3 standard, as detailed in section 14-5F-6C of City Code, along the subject property’s Slothower Road frontage. If said certificate of occupancy is issued during a poor planting season, by May 31 following issuance of the certificate of occupancy; and b. Improvement of Slothower Road to the southern end of the proposed access off Slothower Road. 3. At the time the final plat is approved, Owner shall dedicate additional right-of-way along the Slothower Road frontage in an amount and location approved by the City Engineer. 4. Parking, loading areas, and outdoor storage shall either not be located between the front facade of the principal structure and the front yard right-of-way line or shall be screened to the S3 standard along the IWV Road frontage. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Fringe Area Map 4. Annexation Exhibit 5. Rezoning Exhibit 6. Site Grading and Erosion Control Plan and Sensitive Areas Plan 7. Wetland Delineation Report 8. Applicant Statement (July 8, 2021) 9. Annexation Legal Description 10. Rezoning Legal Description 11. Good Neighbor Meeting Summary 12. CI-1 Zone Permitted Uses Summary 13. Correspondence Approved by: _________________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services IWV RD SWCARLS B A DPLTEMPE CTMELROSE AVESLOTHOWERRDFLAGSTAFFDRDURANGOPLSANTAFEDRWILDCATLNMELROSE AVESLOTHOWERRDSWHIGHWAY218 TEMPEPLHURT RD SW2 1 8 S B T OMELROSE A V E SLOTHOWER RDP1/RM12RS5P2P1RR1Johnson County PD & SANN21-0003, CPA21-0002 & REZ21-0006IWV and Slothower Rd.µ0 0.15 0.30.075 MilesPrepared By: Joshua EngelbrechtDate Prepared: June 2021Three applications submitted by MMS Consultants, on behalf of IWV Holdings, LLC,for the Annexation of 70.4 acres of property located south of IWV Rd. and west of Slothower Rd.the rezoning of 79.4 acres from County Agricultural (A) and Rural Residential (RR-1) to Intensive Commercial (CI-1) and Interim Development - Commercial (ID-C)and a comprehensive plan amendment changing the future land use fromPublic/Private Open Space, and Rural Residential to Intensive Commercial. MELROSE AVE218S B T O M E L R O S E A V E W ILDCAT LN C AR LSBADPLTEMPE CTL A K E S H ORE DRMELROSE AVESLOTHOWERRDSANTAFEDRSLOTHOWERRDSWTEMPE PLHIGHWAY 218HURT RD SWSLOTHOWER RDIWV RD SWANN21-0003, CPA21-0002 & REZ21-0006IWV and Slothower Rd.µ0 0.15 0.30.075 MilesPrepared By: Joshua EngelbrechtDate Prepared: June 2021Three applications submitted by MMS Consultants, on behalf of IWV Holdings, LLC,for the Annexation of 70.4 acres of property located south of IWV Rd. and west of Slothower Rd.the rezoning of 79.4 acres from County Agricultural (A) and Rural Residential (RR-1) to Intensive Commercial (CI-1) and Interim Development - Commercial (ID-C)and a comprehensive plan amendment changing the future land use fromPublic/Private Open Space, and Rural Residential to Intensive Commercial. MELROSE AVE 2 1 8 SBT OMEL ROSEAVECARLSBADPLTEMPE CTLAKESHOREDRMELROSE AVE SLOTHOWER RD WILDCATLND U R ANGOP LS A N T A F E D RSLOTHOWER RD S W TEM P EPLHIG H W A Y 218 HURT RD SWSLOTHOWER RDIWV RD SW Johnson County PD & S ANN21-0003, CPA21-0002 & REZ21-0006IWV and Slothower Rd.µ 0 0.15 0.30.075 Miles Prepared By: Joshua EngelbrechtDate Prepared: June 2021 An application submitted by MMS Consultants, on behalf of IWV Holdings, LLC,for the Annexation of 70.4 acres of property located south of IWV Rd. and west of Slothower Rd.the rezoning of 79.4 acres from County Agricultural (A) and Rural Residential (RR-1) to Intensive Commercial (CI-1) and Interim Development - Commercial (ID-C)and a comprehensive plan amendment changing the future land use fromPublic/Private Open Space, and Rural Residential to Intensive Commercial. (319) 351-8282 LAND PLANNERS LAND SURVEYORS CIVIL ENGINEERS LANDSCAPE ARCHITECTS IOWA CITY, IOWA 52240 MMS CONSULTANTS, INC. ENVIRONMENTAL SPECIALISTS www.mmsconsultants.net 1917 S. GILBERT ST. 07-08-2021 PER GDM REVIEW - RLW JOHNSON COUNTY IOWA 07-08-2021 KJB RLW GDM IOWA CITY 10355-001 1 ANNEXATION EXHIBIT 1 1"=200' ANNEXATION PARCEL IWV ROAD SW / F46 SLOTHOWER ROADHURT ROAD SWALBERT AND FAY'S FIRST ADDITION KAUBLE'S SUBDIVISION NW 14 - NE 14SECTION 13-T79N-R7WSW 14 - NE14SECTION 13-T79N-R7WSE 14 - NW14SECTION 13-T79N-R7WNE 14 - NE 14SECTION 14-T79N-R7WSE 14 - NE 14SECTION 14-T79N-R7 W SW 14 - NW 14SECTION 13-T79N-R7WSE 14 - SE 14SECTION 11-T79N-R7WSW 14 - SW 14SECTION 12-T79N-R7WSE 14 - SW 14SECTION 12-T79N-R7 W GRAPHIC SCALE IN FEET 0 1"=200' 20 50 100 150 200 ANNEXATION EXHIBIT JOHNSON COUNTY, IOWA A PORTION OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN PLAT PREPARED BY: MMS CONSULTANTS INC. 1917 S. GILBERT STREET IOWA CITY, IA 52240 OWNER/APPLICANT: IWV HOLDINGS LLC 2916 HIGHWAY 1 NE IOWA CITY, IOWA 52240 LOCATION MAP - NOT TO SCALE ANNEXATION PARCEL A PORTION OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN POINT OF COMMENCEMENT DESCRIPTION - ANNEXATION PARCEL A PORTION OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the North Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S89°06'50"W, along the North Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 300.04 feet, to the Point of Beginning; Thence S00°00'59"W, along a line parallel with and 300.00 feet normally distant Westerly from the East Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 1307.41 feet, to its intersection with the North Line of Kauble's Subdivision, in accordance with the Plat thereof Recorded in Plat Book 20 at Page 47 of the Records of the Johnson County Recorder's Office; Thence S88°45'34"W, along said North Line, 414.99 feet, to the Northwest Corner thereof; Thence S00°06'26"E, along the West Line of said Kauble's Subdivision, 3.41 feet, to its intersection with the South Line of the North One-Half of the Northwest Quarter of said Section 13; Thence S89°03'31"W, along said South Line, 1921.53 feet, to the Southwest Corner of said North One-Half of the Northwest Quarter of Section 13; Thence N00°08'52"E, along the West Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 1315.30 feet, to the Northwest Corner of said Section 13; Thence N89°06'50"E, along the North Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 2333.42 feet, to the Point of Beginning. Said Annexation Parcel contains 70.39 Acres, and is subject to easements and restrictions of record.N 1\2 - NW 1\4SECTION 13-T79N-R7W70.39 AC POINT OF BEGINNING G:\10355\10355-010\10355-010A.dwg, 8/24/2021 5:07:41 PM (319) 351-8282 LAND PLANNERS LAND SURVEYORS CIVIL ENGINEERS LANDSCAPE ARCHITECTS IOWA CITY, IOWA 52240 MMS CONSULTANTS, INC. ENVIRONMENTAL SPECIALISTS www.mmsconsultants.net 1917 S. GILBERT ST. 08-24-21 REVISED ZONING BOUNDARIES -JDM JOHNSON COUNTY IOWA 07-07-2021 KJB RLW GDM IOWA CITY 10355-010 1 REZONING EXHIBIT 1 1"=200' (COUNTY "A" TO CI-1 ) IWV ROAD SW / F46 SLOTHOWER ROADHURT ROAD SWALBERT AND FAY'S FIRST ADDITION KAUBLE'S SUBDIVISION NW 14 - NE 14SECTION 13-T79N-R7WSW 14 - NE14SECTION 13-T79N-R7WSE 14 - NW14SECTION 13-T79N-R7 WN 1\2 - NW 1\4SECTION 13-T79N-R7WNE 14 - NE 14SECTION 14-T79N-R7 W SW 14 - NW 14SECTION 13-T79N-R7WSE 14 - SE 14SECTION 11-T79N-R7WSW 14 - SW 14SECTION 12-T79N-R7WSE 14 - SW 14SECTION 12-T79N-R7WGRAPHIC SCALE IN FEET 0 1"=200' 20 50 100 150 200 REZONING EXHIBIT JOHNSON COUNTY, IOWA PORTIONS OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN PLAT PREPARED BY: MMS CONSULTANTS INC. 1917 S. GILBERT STREET IOWA CITY, IA 52240 OWNER/APPLICANT: IWV HOLDINGS LLC 2916 HIGHWAY 1 NE IOWA CITY, IOWA 52240 LOCATION MAP - NOT TO SCALE REZONING PARCELS PORTIONS OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN REZONING PARCEL NO. 2 ( RR1 TO CI-1 )REZONING PARCEL NO. 1 (COUNTY "A" TO ID-C ) REZONING PARCEL NO. 3 9.00 AC53.36 AC 17.03 AC POINT OF BEGINNING PARCEL NO. 1 POINT OF BEGINNING PARCEL NO. 2 POINT OF BEGINNING PARCEL NO. 3 DESCRIPTION - REZONING PARCEL #1 A PORTION OF THE EAST 300 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the North Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S00°00'59"W, along the East Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 1305.56 feet, to its intersection with the Easterly Projection of the North Line of Kauble's Subdivision, in accordance with the Plat thereof Recorded in Plat Book 20 at Page 47 of the Records of the Johnson County Recorder's Office; Thence S88°45'34"W, along said Easterly Projection and North Line, 300.07 feet; Thence N00°00'59"E, 1307.41 feet, to a Point on the North Line of the North One-Half of the Northwest Quarter of said Section 13; Thence N89°06'50"E, along said North Line, 300.04 feet, to the Point of Beginning. Said Rezoning Parcel #1 contains 9.00 Acres, and is subject to easements and restrictions of record. DESCRIPTION - REZONING PARCEL #2 A PORTION OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the North Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S00°00'59"W, along the East Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 1305.56 feet, to its intersection with the Easterly Projection of the North Line of Kauble's Subdivision, in accordance with the Plat thereof Recorded in Plat Book 20 at Page 47 of the Records of the Johnson County Recorder's Office; Thence S88°45'34"W, along said Easterly Projection and North Line, 300.07 feet, to the Point of Beginning; Thence continuing S88°45'34"W, along said North Line, 414.99 feet, to the Northwest Corner thereof; Thence S00°06'26"E, along the West Line of said Kauble's Subdivision, 3.41 feet, to its intersection with the South Line of the North One-Half of the Northwest Quarter of said Section 13; Thence S89°03'31"W, along said South Line, 1551.41 feet; Thence N13°37'32"W, 53.10 feet; Thence N04°19'09"E, 213.22 feet; Thence N22°47'41"E, 655.46 feet; Thence N33°02'35"E, 438.62 feet; Thence N00°53'27"W, 86.39 feet, to a Point on the North Line of the North One-Half of the Northwest Quarter of said Section 13; Thence N89°06'50"E, along said North Line, 1471.32 feet; Thence S00°00'59"W, 1307.41 feet, to the Point of Beginning. Said Rezoning Parcel #2 contains 53.36 Acres, and is subject to easements and restrictions of record. DESCRIPTION - REZONING PARCEL #3 A PORTION OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Northwest Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°06'50"E, along the North Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 862.10 feet; Thence S00°53'27"E, 86.39 feet; Thence S33°02'35"W, 438.62 feet; Thence S22°47'41"W, 655.46 feet; Thence S04°19'09"W, 213.22 feet; Thence S13°37'32"E, 53.10 feet, to a Point on the South Line of the North One-Half of the Northwest Quarter of said Section 13; Thence S89°03'31"W, along said South Line, 370.12 feet, to the Southwest Corner of the North One- Half of the Northwest Quarter of said Section 13; Thence N00°08'52"E, along the West Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 1315.30 feet, to the Point of Beginning. Said Rezoning Parcel #3 contains 17.03 Acres, and is subject to easements and restrictions of record. IWV ROAD SW / F46SLOTHOWER ROAD HURT ROAD SWALBERT ANDFAY'S FIRSTADDITIONKAUBLE'SSUBDIVISIONNW 1 4 - N E 1 4SECTION 13-T79N-R7WSW 14 - NE14SECTION 13-T79N-R7WSE 14 - NW14SECTION 13-T79N-R7WNE 1 4 - NW 14SECTION 13-T79N-R7WNW 14 - NW 1 4SECTION 13-T79N-R7WNE 14 - NE 14SECTION 14-T79N-R7WSE 14 - NE 14SECTION 14-T79N-R7WSW 14 - NW 14SECTION 13-T79N-R7WSE 14 - SE 14SECTION 11-T79N-R7WSW 14 - SW 14SECTION 12-T79N-R7WSE 14 - SW 14SEC. 12-T79N-R7WSW 14 - SE 14SECTION 12-T79N-R7WCOMMONACCESS(CONCEPT)ACCESS(CONCEPT)PROPOSEDBASINPROPOSEDBASINPROPOSEDBASINLOT SPLIT (CONCEPT) LOT SPLIT (CONCEPT)LIMITS OFCONST.LIMITS OFCONST.LIM ITS OFCONST. LIMITS OF CONST. FUTURE RIGHT-OF-WAY (319) 351-8282LAND PLANNERSLAND SURVEYORSCIVIL ENGINEERSLANDSCAPE ARCHITECTSIOWA CITY, IOWA 52240MMS CONSULTANTS, INC.ENVIRONMENTAL SPECIALISTSwww.mmsconsultants.net1917 S. GILBERT ST.PER CITY COMMENTS -JDM08-06-2107/08/21JDMFIELDBOOKTAVJDM10355-001162.36 ACPART OF THENW14-NW14 ANDTHE NE14-NW14OF SEC. 13,T79N, R7WJOHNSON COUNTY,IOWAREVISED BOUNDARY -JDM08-24-21SITE GRADING ANDEROSION CONTROL PLANAND SENSITIVE AREAS11"=100'GRAPHIC SCALE IN FEET1"=100'010255075100SITE GRADING AND EROSION CONTROL PLAN AND SENSITIVE AREASPART OF THE NW1/4-NW1/4 AND NE1/4-NW1/4, SEC. 13,T79N,R7WJOHNSON COUNTY, IOWACWPRDL010203DPREPARED BY:MMS CONSULTANTS INC.1917 S. GILBERT STREETIOWA CITY, IA 52240OWNER/APPLICANT:DLCWPRIWV HOLDINGS LLC2916 HIGHWAY 1 NEIOWA CITY IA 52240AREA OF PROPOSED ID-C ZONING:A SENSITIVE AREAS DEVELOPMENTPLAN FOR THIS PARCEL WILL BECOMPLETED WHEN A PERMANENTZONING CLASSIFICATION APPLICATIONIS SUBMITTED. SENSITIVE AREASSHOWN IN THIS AREA ARE FORREFERENCE PURPOSES ONLY.WESTERN BOUNDARY OFPROPOSED CI-1 ZONING.NO CONSTRUCTION SHALLOCCUR WEST OF THIS LINE.WESTERN BOUNDARY OFPROPOSED CI-1 ZONING.NO CONSTRUCTION SHALLOCCUR WEST OF THIS LINE.NOT TO SCALELOCATION MAPPROJECTLOCATION IWV ROAD SW / F46SLOTHOWER ROAD HURT ROAD SWALBERT ANDFAY'S FIRSTADDITIONKAUBLE'SSUBDIVISIONNW 1 4 - N E 1 4SECTION 13-T79N-R7WSW 14 - NE14SECTION 13-T79N-R7WSE 14 - NW14SECTION 13-T79N-R7WNE 1 4 - NW 14SECTION 13-T79N-R7WNW 14 - NW 1 4SECTION 13-T79N-R7WNE 14 - NE 14SECTION 14-T79N-R7WSE 14 - NE 14SECTION 14-T79N-R7WSW 14 - NW 14SECTION 13-T79N-R7WSE 14 - SE 14SECTION 11-T79N-R7WSW 14 - SW 14SECTION 12-T79N-R7WSE 14 - SW 14SEC. 12-T79N-R7WSW 14 - SE 14SECTION 12-T79N-R7WPREPARED BY:MMS CONSULTANTS INC.1917 S. GILBERT STREETIOWA CITY, IA 52240OWNER/APPLICANT:NOT TO SCALELOCATION MAPPROJECTLOCATION(319) 351-8282LAND PLANNERSLAND SURVEYORSCIVIL ENGINEERSLANDSCAPE ARCHITECTSIOWA CITY, IOWA 52240MMS CONSULTANTS, INC.ENVIRONMENTAL SPECIALISTSwww.mmsconsultants.net1917 S. GILBERT ST.PER CITY COMMENTS -JDM08-06-2107/08/21JDMFIELDBOOKTAVJDM10355-001162.36 ACPART OF THENW14-NW14 ANDTHE NE14-NW14OF SEC. 13,T79N, R7WJOHNSON COUNTY,IOWAREVISED BOUNDARY -JDM08-24-21SENSITIVE AREAS OVERALL MAP 21"=100'GRAPHIC SCALE IN FEET1"=100'010255075100SITE GRADING AND EROSION CONTROL PLAN AND SENSITIVE AREASPART OF THE NW1/4-NW1/4 AND NE1/4-NW1/4, SEC. 13,T79N,R7WJOHNSON COUNTY, IOWAIWV HOLDINGS LLC2916 HIGHWAY 1 NEIOWA CITY IA 52240 IWV ROAD SW / F46SLOTHOWER ROAD HURT ROAD SWALBERT ANDFAY'S FIRSTADDITIONKAUBLE'SSUBDIVISIONNW 1 4 - N E 1 4SECTION 13-T79N-R7WSW 14 - NE14SECTION 13-T79N-R7WSE 14 - NW14SECTION 13-T79N-R7WNE 1 4 - NW 14SECTION 13-T79N-R7WNW 14 - NW 1 4SECTION 13-T79N-R7WNE 14 - NE 14SECTION 14-T79N-R7WSE 14 - NE 14SECTION 14-T79N-R7WSW 14 - NW 14SECTION 13-T79N-R7WSE 14 - SE 14SECTION 11-T79N-R7WSW 14 - SW 14SECTION 12-T79N-R7WSE 14 - SW 14SEC. 12-T79N-R7WSW 14 - SE 14SECTION 12-T79N-R7WPREPARED BY:MMS CONSULTANTS INC.1917 S. GILBERT STREETIOWA CITY, IA 52240OWNER/APPLICANT:NOT TO SCALELOCATION MAPPROJECTLOCATION(319) 351-8282LAND PLANNERSLAND SURVEYORSCIVIL ENGINEERSLANDSCAPE ARCHITECTSIOWA CITY, IOWA 52240MMS CONSULTANTS, INC.ENVIRONMENTAL SPECIALISTSwww.mmsconsultants.net1917 S. GILBERT ST.PER CITY COMMENTS -JDM08-06-2107/08/21JDMFIELDBOOKTAVJDM10355-001162.36 ACPART OF THENW14-NW14 ANDTHE NE14-NW14OF SEC. 13,T79N, R7WJOHNSON COUNTY,IOWAREVISED BOUNDARY -JDM08-24-21SENSITIVE AREAS STREAM CORRIDORSAND WETLANDS 31"=100'GRAPHIC SCALE IN FEET1"=100'010255075100SITE GRADING AND EROSION CONTROL PLAN AND SENSITIVE AREASPART OF THE NW1/4-NW1/4 AND NE1/4-NW1/4, SEC. 13,T79N,R7WJOHNSON COUNTY, IOWAIWV HOLDINGS LLC2916 HIGHWAY 1 NEIOWA CITY IA 52240 IWV ROAD SW / F46SLOTHOWER ROAD HURT ROAD SWALBERT ANDFAY'S FIRSTADDITIONKAUBLE'SSUBDIVISIONNW 1 4 - N E 1 4SECTION 13-T79N-R7WSW 14 - NE14SECTION 13-T79N-R7WSE 14 - NW14SECTION 13-T79N-R7WNE 1 4 - NW 14SECTION 13-T79N-R7WNW 14 - NW 1 4SECTION 13-T79N-R7WNE 14 - NE 14SECTION 14-T79N-R7WSE 14 - NE 14SECTION 14-T79N-R7WSW 14 - NW 14SECTION 13-T79N-R7WSE 14 - SE 14SECTION 11-T79N-R7WSW 14 - SW 14SECTION 12-T79N-R7WSE 14 - SW 14SEC. 12-T79N-R7WSW 14 - SE 14SECTION 12-T79N-R7WPREPARED BY:MMS CONSULTANTS INC.1917 S. GILBERT STREETIOWA CITY, IA 52240OWNER/APPLICANT:NOT TO SCALELOCATION MAPPROJECTLOCATION(319) 351-8282LAND PLANNERSLAND SURVEYORSCIVIL ENGINEERSLANDSCAPE ARCHITECTSIOWA CITY, IOWA 52240MMS CONSULTANTS, INC.ENVIRONMENTAL SPECIALISTSwww.mmsconsultants.net1917 S. GILBERT ST.PER CITY COMMENTS -JDM08-06-2107/08/21JDMFIELDBOOKTAVJDM10355-001162.36 ACPART OF THENW14-NW14 ANDTHE NE14-NW14OF SEC. 13,T79N, R7WJOHNSON COUNTY,IOWAREVISED BOUNDARY -JDM08-24-21SENSITIVE AREAS WOODLANDS ANDGROVES, SLOPES 41"=100'GRAPHIC SCALE IN FEET1"=100'010255075100SITE GRADING AND EROSION CONTROL PLAN AND SENSITIVE AREASPART OF THE NW1/4-NW1/4 AND NE1/4-NW1/4, SEC. 13,T79N,R7WJOHNSON COUNTY, IOWAIWV HOLDINGS LLC2916 HIGHWAY 1 NEIOWA CITY IA 52240 IWV HOLDINGS NW1/4, NW1/4, & NE1/4, NW1/4, SEC.13-T79N-RW7W JOHNSON COUNTY, IOWA “WATERS of the U.S.” DELINEATION REPORT & PERMIT APPLICATION Prepared For: IWV Holdings US Army Corps of Engineers Prepared By: Lee Swank l.swank@mmsconsultants.net MMS Project No. 10355-010 08/25/2021 IWV HOLDINGS JOHNSON COUNTY, IOWA WETLAND DELINEATION REPORT MMS CONSULTANTS INC. PROJECT # 10355-010 AUGUST 5TH, 2021 SUMMARY MMS Consultants, Inc. was contracted by IWV Holdings to delineate potential “Waters of the United States” on an approximately 75-acre parcel. The study area is located in the NW1/4 of the NW1/4 and the NE1/4 of the NW1/4 of Section 13, T79N, R7W, in Iowa City, Johnson County, Iowa. The Site Location and Vicinity Map, in Appendix A, show the approximate location of the site. According to aerial photos, it appears the site has been in row crop production for at least the last century and was planted with soybeans at the time of the wetland delineation in May of 2021. A treed fence row, and two buffered streams are also present on the property. Preliminary data research of the site revealed that aerial indicators of surface water, two streams, and hydric soils were present within the study area, and that further research and field data needed to be collected. An on-site investigation was conducted on May 11th to identify areas of potential “waters of the United States”. Assessments determined that 1.45 acres of emergent wetland, 1.12 acres of wooded wetland, and 1,752 linear feet of stream channel are present within the study area. It appears the boundaries of the wetlands extend beyond the limits of the study area. Only wetlands that fall within the study area were delineated. As no impacts to wetlands are proposed, a copy of this report has not been sent to the Army Corps of Engineers. PRELIMINARY RESEARCH Preliminary data research included: The USGS 24K Topographical Map The USDA/NRCS Web Soil Survey Hydric Soils Map The U.S. Fish & Wildlife Service National Wetland Inventory Map FEMA’s National Flood Hazard Map and Aerial photos from the 1990s, and between 2004 and 2017 All of the above-mentioned figures are presented in the Appendix, respectively. METHODOLOGY A site visit was conducted on May 11th, 2021, to document soils, vegetation, and hydrology. Field verification followed the methodology outlined in the Corps of Engineers Wetland Delineation Manual (January 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version Two). SITE DESCRIPTION Soils The soils throughout the project area are shown on the Hydric Soils Map from the Web Soil Survey in Appendix A. The mapped soils are listed in the below table along with their hydric rating and which sample points were taken within each soil type: IWV HOLDINGS JOHNSON COUNTY, IOWA WETLAND DELINEATION REPORT MMS CONSULTANTS INC. PROJECT # 10355-010 AUGUST 5TH, 2021 Table 1: Hydric Soils Map Unit Symbol Map Unit Name Hydric Rating Sample Point Taken within Soil Type 11B Colo-Ely Complex, 0-5% slopes 55B 1-5 75 Givin silt loam, 0-2% slopes 5 76B Ladoga silt loam, 2-5% slopes 0 76C2 Ladoga silt loam, 5-9% slopes 5 76D2 Ladoga silt loam, 9-14% slopes 0 80B Clinton silt loam, 2-5% slopes 0 80C2 Clinton silt loam, 5-9% slopes 5 80D2 Clinton silt loam, 9-14% slopes 0 M163E2 Fayette silt loam, 14-18% slopes, eroded 0 M163E3 Fayette silt clay loam, 14-18% slopes, severely eroded 0 According to the hydric soils map, approximately 15% of the study area is comprised of soils that are 55% hydric, approximately 26% of the study area is mapped as 5% hydric, with the residual 19% of study area mapped as 0% hydric. Hydric soils were observed at sample points 1, 4, and 5. Depleted Below Dark Surface (A11), Depleted Matrix (F3), Redox Dark Surface (F6), Depleted Dark Surface (F7), and Redox Depressions (F8) were the hydric soil indicators that were observed. Hydrology The below WETS table was obtained from AgACIS. Data utilized in the table was obtained from the weather station at the Iowa City Municipal Airport approximately four miles from the project site. Precipitation totals from Jan-June 2021 were considered below average. The month prior to the site visit was considered a normal month, and the month of the June site visit was considered dry. It rained 1.2 inches two days prior to the site visit. Table 2: WETS table WETS Station: Iowa City Municipal Airport Requested years: 1971 - 2021 Month 2021 Monthly Precip Totals Avg Precip 30% chance precip less than 30% chance precip more than Normal/Wet/Dry Jan 1.48 0.91 0.46 1.11 Wet Feb 0.7 1.23 0.71 1.5 Dry Mar 2.63 2.15 1.26 2.62 Wet Apr 2.37 3.7 2.68 4.37 Dry May 4.33 4.26 3.17 4.99 Normal Jun 2.67 5.14 3.83 6.02 Dry TOTAL 14.18 17.39 Sources of on-site hydrology were also investigated. A culvert runs under IWV Rd at the northwest corner of the site. This culvert conveys water from the surrounding uplands north of IWV, to a stream channel that runs southwest across the west 1/2 of the property. This stream channel had active water flowing during the site visit in May. This stream appears to be fed by groundwater and surface runoff from the IWV HOLDINGS JOHNSON COUNTY, IOWA WETLAND DELINEATION REPORT MMS CONSULTANTS INC. PROJECT # 10355-010 AUGUST 5TH, 2021 surrounding uplands. A second stream channel was identified along the center of the southern boundary line for the study area. This stream had flowing water during the site visit. Standing water was identified within the wetland area upslope of the stream. This stream appears to be fed by groundwater and surface runoff from the surrounding uplands. The presence of hydrology indicators were investigated during the wetland delineation. Sample points 1, 4 and 5 all classified as having wetland hydrology. Sample points 2 and 3 did not meet sufficient indicators to classify as exhibiting wetland hydrology. The following primary hydrology indicators were observed: High Water Table (A2) and Saturation (A3). The secondary indicators of Drainage Patters (B10), Geomorphic Position (D2), and the FAC-Neutral Test (D5) were also observed. Vegetation The study area consists of 3 separate Vegetative Areas (VA): The row-crop farm fields, which comprise the majority of project area, are classified as Vegetative Area 1 (VA1) and were planted with Soybeans at the time of the site visit. The vegetation surrounding the stream channels are classified as VA2 and dominated by Phalaris arundinacea and Acer saccharinum. A treed fence row (VA3) is present through the center of the site. Understory vegetation is comprised primarily of Bromus inermis and dominant tree species include Acer saccharinum and Acer negundo. Summary Soils, hydrology, and vegetation were assessed throughout the project area to determine the presence of wetlands. Two areas were identified that met all three wetland criteria, which include 1.45 acres of emergent wetland and 1.12 acres of wooded wetland. Two stream channels were also identified within the study area with a total of 1,752 linear feet of intermittent stream channel. The table below provides a summary of the streams and wetlands. Table 3. Stream and Wetland Summary Emergent Wetland Wooded Wetland Intermittent Stream TOTAL Wetland A 0.95 AC 0.37 AC 1.32 Wetland B 0.50 AC 0.75 AC 1.25 Stream 1 232 LF Stream 2 1,520 LF TOTAL 1.45 1.12 1,752 2.57 Wetland A is located along the southern edge of the project area and was delineated at 1.32 acres. This wetland has 0.95 acres of emergent wetland, and 0.37 acres of wooded wetland. The wetland is associated with the Stream 1. Ground water and the stream appear to be the primary sources of hydrology for Wetland A. Vegetation of Wetland A was dominated by Phalaris arundinacea. Wetland B is located along the west edge of the study area and was delineated at 1.25 acres. This wetland has 0.50 acres of emergent wetland and 0.75 acres of wooded wetland. Wetland B is associated with Stream 2. Groundwater and the stream appear to be the primary sources of hydrology for Wetland B. Stream 1 flows along the southern edge of the project area and was measured at 232 linear feet. This stream has a defined bed and bank, and ordinary high-water mark. Water was observed within IWV HOLDINGS JOHNSON COUNTY, IOWA WETLAND DELINEATION REPORT MMS CONSULTANTS INC. PROJECT # 10355-010 AUGUST 5TH, 2021 the stream channel during the site visit (less 12”). The sources of water for stream flow are ground water, and overland flow. Based on the sources of water for stream flow, water observed within the channel, and morphology of the stream channel, it was determined that Stream 1 was a intermittent stream. Stream 2 flows through the western 1/4 of the study area and was measured at 1,520 linear feet. This stream has a defined bed and bank, and ordinary high-water mark. Water was observed within the stream channel during the site visit. The sources of water for stream flow are overland flow, channelized flow from a culvert that runs under IWV road and groundwater. Based on the sources of water for stream flow, water observed within the channel, and morphology of the stream channel, it was determined that Stream 2 is an intermittent stream. Conclusions The project area has historically been utilized for agriculture with a long history of row crop production. Approximately 90% of the land area is in crop production. The residual non-crop areas included a treed fence row, and two buffered streams. The site exhibits a mix of topography with uplands, drainage ways and lowland. Soils, hydrology, and vegetation were evaluated during the May site visit and followed the methodology outlined in the Corps of Engineers Wetland Delineation Manual (January 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Midwest Region (Version Two). The May field visit verified the presence of hydric soils, hydrophytic vegetation, and hydrology within two regions of the site. The boundaries of the wetlands were delineated using a handheld GPS and categorized as 1.12 acres of wooded wetland, and 1.45 acres of emergent wetland. Additionally, 1,752 linear feet of intermittent stream were identified within the project area. As no impacts to wetlands are proposed, a copy of this report has not been sent to the Army Corps of Engineers. Per City of Iowa City Code, a delineation of construction area limits has been provided around, and to protect, the wetland areas, as illustrated in the site grading and erosion control plan included in the appendix of this report. No grading, dredging, clearing, filling, draining, or other development activity is allowed within a regulated wetland or required buffer area, unless said activity is a use, activity or structure allowed according to subsection 14-5I-2D of City of Iowa City Code. To protect the wetland, erosion control measures must be installed prior to any development activity occurring on the site. AppendixSITE LOCATION & VICINITY MAPUSGS TOPOGRAPHIC MAPUSDA NRCS WEBSOIL SURVEY (HYDRIC SOILS MAP)NATIONAL WETLAND INVENTORY MAPFLOODPLAIN MAP Designed by:LRSDrawn by:Checked by:LRSLRSScale:not to scaleDate:08/04/2021Project No::IC10355-010SITE LOCATION & VICINITY MAPSNW1/4, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7WIWV RD SWLOCATION MAPVICINITY MAPIOWA CITY, JOHNSON COUNTY, IOWAMMS CONSULTANTS, INC.IOWA CITY, IOWA 52240(319) 351-8282www.mmsconsultants.netApproximateProject Location ApproximateProject Location Map Source: Iowa Geographic Map Server https://isugisf.maps.arcgis.com Designed by:Drawn by:Checked by:Scale:Date:Project No::USGS 24K TOPOGRAPHIC MAPApproximate Study LocationLRSLRSLRSnot to scaleICMMS CONSULTANTS, INC.IOWA CITY, IOWA 52240(319) 351-8282www.mmsconsultants.netMap Source: USGS https://viewer.nationalmap.gov08/04/202110355-010NW1/4, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7WIWV RD SWIOWA CITY, JOHNSON COUNTY, IOWA Hydric Rating by Map Unit—Johnson County, Iowa Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 5/10/2021 Page 1 of 5461220046123004612400461250046126004612700461220046123004612400461250046126004612700615000615100615200615300615400615500615600615700615800615900 615000 615100 615200 615300 615400 615500 615600 615700 615800 615900 41° 39' 29'' N 91° 37' 10'' W41° 39' 29'' N91° 36' 27'' W41° 39' 9'' N 91° 37' 10'' W41° 39' 9'' N 91° 36' 27'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 15N WGS84 0 200 400 800 1200 Feet 0 50 100 200 300 Meters Map Scale: 1:4,510 if printed on A landscape (11" x 8.5") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons Hydric (100%) Hydric (66 to 99%) Hydric (33 to 65%) Hydric (1 to 32%) Not Hydric (0%) Not rated or not available Soil Rating Lines Hydric (100%) Hydric (66 to 99%) Hydric (33 to 65%) Hydric (1 to 32%) Not Hydric (0%) Not rated or not available Soil Rating Points Hydric (100%) Hydric (66 to 99%) Hydric (33 to 65%) Hydric (1 to 32%) Not Hydric (0%) Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:15,800. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Johnson County, Iowa Survey Area Data: Version 23, Jun 10, 2020 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Apr 12, 2011—Nov 18, 2020 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Hydric Rating by Map Unit—Johnson County, Iowa Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 5/10/2021 Page 2 of 5 Hydric Rating by Map Unit Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 11B Colo-Ely complex, 0 to 5 percent slopes 55 12.6 15.4% 75 Givin silt loam, 0 to 2 percent slopes 5 2.6 3.1% 76B Ladoga silt loam, 2 to 5 percent slopes 0 24.5 29.9% 76C2 Ladoga silt loam, 5 to 9 percent slopes, eroded 5 16.8 20.6% 76D2 Ladoga silt loam, 9 to 14 percent slopes, eroded 0 2.2 2.7% 80B Clinton silt loam, 2 to 5 percent slopes 0 1.2 1.5% 80C2 Clinton silt loam, 5 to 9 percent slopes, eroded 5 2.0 2.5% 80D2 Clinton silt loam, 9 to 14 percent slopes, eroded 0 13.8 16.9% M163E2 Fayette silt loam, till plain, 14 to 18 percent slopes, eroded 0 0.7 0.9% M163E3 Fayette silty clay loam, till plain, 14 to 18 percent slopes, severely eroded 0 5.3 6.4% Totals for Area of Interest 81.8 100.0% Hydric Rating by Map Unit—Johnson County, Iowa Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 5/10/2021 Page 3 of 5 10355-010 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS,USDA, USGS, AeroGRID, IGN, and the GIS User Community Wetlands Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Other Riverine May 10, 2021 0 0.2 0.40.1 mi 0 0.35 0.70.175 km 1:1 3,434 This page was produced by the NWI mapperNational Wetlands Inventory (NWI) This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. National Flood Hazard Layer FIRMette 0 500 1,000 1,500 2,000250 Feet Ü SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT SPECIAL FLOOD HAZARD AREAS Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or DepthZone AE, AO, AH, VE, AR Regulatory Floodway 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileZone X Future Conditions 1% Annual Chance Flood HazardZone X Area with Reduced Flood Risk due to Levee. See Notes.Zone X Area with Flood Risk due to LeveeZone D NO SCREEN Area of Minimal Flood Hazard Zone X Area of Undetermined Flood HazardZone D Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Effective LOMRs Limit of Study Jurisdiction Boundary Digital Data Available No Digital Data Available Unmapped This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 8/5/2021 at 11:49 AM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Legend OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS 8 B 20.2 The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 1:6,000 91°37'9"W 41°39'32"N 91°36'31"W 41°39'5"N Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 Appendix B 2020 & 2019 AERIAL IMAGE2017 & 2016 AERIAL IMAGES2015 & 2014 AERIAL IMAGESPHOTOS 1 – 3 PHOTOS 4 – 6 PHOTOS 7 – 9 PHOTOS 10 – 12 PHOTOS 13 – 15 PHOTOS 16 – 18 Designed by:Drawn by:Checked by:Scale:Date:Project No::2020 & 2019 AERIAL IMAGELRSLRSLRSnot to scaleICMMS CONSULTANTS, INC.IOWA CITY, IOWA 52240(319) 351-8282www.mmsconsultants.netMap Source: Iowa Geographic Map Server https://isugisf.maps.arcgis.com2020201908/04/202110355-010NW1/4, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7WIWV RD SWIOWA CITY, JOHNSON COUNTY, IOWA Designed by:Drawn by:Checked by:Scale:Date:Project No::2017 & 2016 AERIAL IMAGELRSLRSLRSnot to scaleICMMS CONSULTANTS, INC.IOWA CITY, IOWA 52240(319) 351-8282www.mmsconsultants.netMap Source: Iowa Geographic Map Server https://isugisf.maps.arcgis.com2017201608/04/202110355-010NW1/4, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7WIWV RD SWIOWA CITY, JOHNSON COUNTY, IOWA Designed by:Drawn by:Checked by:Scale:Date:Project No::2015 & 2014 AERIAL IMAGELRSLRSLRSnot to scaleICMMS CONSULTANTS, INC.IOWA CITY, IOWA 52240(319) 351-8282www.mmsconsultants.netMap Source: Iowa Geographic Map Server https://isugisf.maps.arcgis.com2015201408/04/202110355-010NW1/4, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7WIWV RD SWIOWA CITY, JOHNSON COUNTY, IOWA Designed by:Drawn by:Checked by:Scale:Date:Project No::PHOTO LOCATION MAP (LOCATIONS ARE APPROXIMATE)LRSLRSLRSnot to scaleICMMS CONSULTANTS, INC.IOWA CITY, IOWA 52240(319) 351-8282www.mmsconsultants.netMap Source: Iowa Geographic Map Server https://isugisf.maps.arcgis.com08/04/202110355-010NW1/4, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7WIWV RD SWIOWA CITY, JOHNSON COUNTY, IOWA123511812910467141617181513 Designed by:Drawn by:Checked by:Scale:Date:Project No::PHOTOS 1 - 3LRSLRSLRSnot to scaleICMMS CONSULTANTS, INC.IOWA CITY, IOWA 52240(319) 351-8282www.mmsconsultants.netPhoto 1 (left): Standing near southeast edge of property, looking west. Photo 2 (right): Standing near southeast edge of property, looking north. Photo 3 (left): Standing near southeast edge of property, looking east. Photo source: MMS Consultants Inc. 202008/04/202110355-010NW1/4, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7WIWV RD SWIOWA CITY, JOHNSON COUNTY, IOWA Designed by:Drawn by:Checked by:Scale:Date:Project No::PHOTOS 4 - 6 LRSLRSLRSnot to scaleICMMS CONSULTANTS, INC.IOWA CITY, IOWA 52240(319) 351-8282www.mmsconsultants.netPhoto 4 (left): Standing within Emergent Wetland A, looking south. Photo 5 (right): Looking east across Emergent Wetland A. Photo 6 (left): Looking at start of Intermittent Stream 1, within Wetland A. Photo source: MMS Consultants Inc. 202008/04/202110355-010NW1/4, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7WIWV RD SWIOWA CITY, JOHNSON COUNTY, IOWA Designed by:Drawn by:Checked by:Scale:Date:Project No::PHOTOS 7 - 9LRSLRSLRSnot to scaleICMMS CONSULTANTS, INC.IOWA CITY, IOWA 52240(319) 351-8282www.mmsconsultants.netPhoto 7 (left): Looking at Intermittent Stream 1. Photo 8 (right): Looking at north section of Emergent Wetland A within drainageway of Ag field. Photo 9 (left): Looking at standing water within above (photo 8) pictured section of wetland. Photo source: MMS Consultants Inc. 202008/04/202110355-010NW1/4, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7WIWV RD SWIOWA CITY, JOHNSON COUNTY, IOWA Designed by:Drawn by:Checked by:Scale:Date:Project No::PHOTOS 10 - 12LRSLRSLRSnot to scaleICMMS CONSULTANTS, INC.IOWA CITY, IOWA 52240(319) 351-8282www.mmsconsultants.netPhoto 10 (left): Looking at boundary of Wooded WetlandA.Photo 11 (right): Looking at Intermittent Stream 2 within Wetland B. Photo 12 (left): Looking at sample point 5 within Emergent Wetland B. Photo source: MMS Consultants Inc. 202008/04/202110355-010NW1/4, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7WIWV RD SWIOWA CITY, JOHNSON COUNTY, IOWA Designed by:Drawn by:Checked by:Scale:Date:Project No::PHOTOS 13 - 15LRSLRSLRSnot to scaleICMMS CONSULTANTS, INC.IOWA CITY, IOWA 52240(319) 351-8282www.mmsconsultants.netPhoto 13 (left): Standing near center of Wetland B, looking north. Photo 14 (right): Standing on east side of Wetland B, looking north at boundary of wetland. Photo 15 (left): Standing on west side of Wetland B, looking south at boundary of wetland. Photo source: MMS Consultants Inc. 202008/04/202110355-010NW1/4, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7WIWV RD SWIOWA CITY, JOHNSON COUNTY, IOWA Designed by:Drawn by:Checked by:Scale:Date:Project No::PHOTOS 16 - 18LRSLRSLRSnot to scaleICMMS CONSULTANTS, INC.IOWA CITY, IOWA 52240(319) 351-8282www.mmsconsultants.netPhoto 16 (left): Looking north at Intermittent Stream 2 within Wetland B. Photo 17 (right): Looking north at Intermittent Stream 2, north of Wetland B boundary. Photo 18 (left): Looking at north end of Intermittent Stream 2 at culvert that feeds stream. Photo source: MMS Consultants Inc. 202008/04/202110355-010NW1/4, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7WIWV RD SWIOWA CITY, JOHNSON COUNTY, IOWA Appendix C • WETLAND DELINEATION MAP• SITE PLAN • DATA FORMS IWV ROAD SW / F46SLOTHOWER ROAD HURT ROAD SWALBERT ANDFAY'S FIRSTADDITIONKAUBLE'SSUBDIVISIONNW 1 4 - N E 1 4SECTION 13-T79N-R7WSW 14 - NE14SECTION 13-T79N-R7WSE 14 - NW14SECTION 13-T79N-R7WNE 1 4 - NW 14SECTION 13-T79N-R7WNW 14 - NW 1 4SECTION 13-T79N-R7WNE 14 - NE 14SECTION 14-T79N-R7WSE 14 - NE 14SECTION 14-T79N-R7WSW 14 - NW 14SECTION 13-T79N-R7WSE 14 - SE 14SECTION 11-T79N-R7WSW 14 - SW 14SECTION 12-T79N-R7WSE 14 - SW 14SEC. 12-T79N-R7WSW 14 - SE 14SECTION 12-T79N-R7WCOMMONACCESS(CONCEPT)ACCESS(CONCEPT)PROPOSEDBASINPROPOSEDBASINPROPOSEDBASINLOT SPLIT (CONCEPT) LOT SPLIT (CONCEPT)LIMITS OFCONST.LIMITS OFCONST.LIM ITS OFCONST. LIMITS OF CONST. FUTURE RIGHT-OF-WAY (319) 351-8282LAND PLANNERSLAND SURVEYORSCIVIL ENGINEERSLANDSCAPE ARCHITECTSIOWA CITY, IOWA 52240MMS CONSULTANTS, INC.ENVIRONMENTAL SPECIALISTSwww.mmsconsultants.net1917 S. GILBERT ST.PER CITY COMMENTS -JDM08-06-2107/08/21JDMFIELDBOOKTAVJDM10355-001162.36 ACPART OF THENW14-NW14 ANDTHE NE14-NW14OF SEC. 13,T79N, R7WJOHNSON COUNTY,IOWAREVISED BOUNDARY -JDM08-24-21SITE GRADING ANDEROSION CONTROL PLANAND SENSITIVE AREAS11"=100'GRAPHIC SCALE IN FEET1"=100'010255075100SITE GRADING AND EROSION CONTROL PLAN AND SENSITIVE AREASPART OF THE NW1/4-NW1/4 AND NE1/4-NW1/4, SEC. 13,T79N,R7WJOHNSON COUNTY, IOWACWPRDL010203DPREPARED BY:MMS CONSULTANTS INC.1917 S. GILBERT STREETIOWA CITY, IA 52240OWNER/APPLICANT:DLCWPRIWV HOLDINGS LLC2916 HIGHWAY 1 NEIOWA CITY IA 52240AREA OF PROPOSED ID-C ZONING:A SENSITIVE AREAS DEVELOPMENTPLAN FOR THIS PARCEL WILL BECOMPLETED WHEN A PERMANENTZONING CLASSIFICATION APPLICATIONIS SUBMITTED. SENSITIVE AREASSHOWN IN THIS AREA ARE FORREFERENCE PURPOSES ONLY.WESTERN BOUNDARY OFPROPOSED CI-1 ZONING.NO CONSTRUCTION SHALLOCCUR WEST OF THIS LINE.WESTERN BOUNDARY OFPROPOSED CI-1 ZONING.NO CONSTRUCTION SHALLOCCUR WEST OF THIS LINE.NOT TO SCALELOCATION MAPPROJECTLOCATION (319) 351-8282 IOWA CITY, IOWA 52240 MMS CONSULTANTS, INC. www.mmsconsultants.net JOHNSON COUNTY, IOWA IOWA CITY IWV RD SW IWV HOLDINGS08/05/2021 10355-010LRS LRS LRS FIELDBOOK 1"=300'WETLANDSGRAPHIC SCALE IN FEET01"=300'3075150225300 WETLAND DETERMINATION DATA FORM- Midwest Region Applicant/Owner: Are Climatic/ Hydrologic conditions on the site typical for this time of year?Yes (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation , Soil , or Hydrology Naturally Problematic?(If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Yes No Wetland Hydrology Present? Yes No Remarks: VEGETATION - Use scientific name of plants. Dominance Test Worksheet: Tree Stratum (Plot Size:) (A) (B) = Total Cover (AB) Sapling/Shrub Stratum (Plot Size:)Prevalence Index Worksheet: x 1 = x 2 = x 3 = x 4 = =Total Cover x 5 = Herbaceous Stratum (Plot Size:) Prevalence Index = B/A = Hydrophytic Vegetation Index: 1 - Rapid Test for Hydrophtic Vegetation 2 - Dominance Test is >50% 3 - Pevalence Index is <3.01 Problematic Hydrophytic vegetation1 (Explain) =Total Cover Woody Vine Stratum (Plot Size:) =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) 2. Yes X No 20%= 20 100 50%=0 20%=0 0 30ft radius Hydrophytic Vegetation Present? 1. 10. 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problemtic50%= 50 9. 4-Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet8. X 7. 6. 5. X 4. 3. Yes FACW 2.00 2.Urtica dioica Stinging Nettle 5 No FACW 5ft radius 1.phalaris arundinacea Reed Canarygrass 95 0 Column Totals:105 (A)210 (B) FACU Species 0 0 50%=0 20%=0 0 UPL Species 0 210 4. FAC Species 0 0 3. FACW Species 105 5. 2. OBL Species 0 0 67% 15ft radius 1. 50%=10 20%=4 20 Percent of Dominant Species That Are OBL, FACW, or FAC: Total % Cover of:Multiply By: 5. Total Number of Dominant Species Across all Strata:34. 3. 2.Salix nigra Black Willow 15 Yes OBL Number of Dominant Species That Are OBL, FACW, or FAC:21.Fraxinus pennsylvanica Green Ash 5 Yes FACW X Absolute % Cover Dominant Species? Indicator Status30ft radius X Is the Sampled Area within a wetland?X X X Soil Map Unit Name:11B Colo-Ely Complex NWI Classification:none (adjacent mapped riverine) X No Slope (%):0-5%Lat:41.653802 Long:-91.61294 Datum:Decimal Degree Investigator(s):Lee Swank Section, Township, Range:NE1/4, NW1/4, SEC13-T79N-R7W Landform (hillslope, terrace, etc.):Toeslope Local Relief (Concave, Convex, None):concave CKR Construction Services LLC State:Iowa Sampling Point:SP1 Project/Site:IWV ROAD SW City/County:Iowa City Sampling Date:5/11/2021 US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches): Remarks: HYDROLOGY Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: Remarks: 11"Wetland hydrology Present?Yes X NoSaturation Present? (includes capillary fringe) Yes X No Depth (Inches): Depth (Inches): Water Table Present? Yes X No Depth (Inches):23" Field Observations: Surface Water Present? Yes No X -Inundation Visible on Aerial Imagery (B7)-Gauge or Well Data (D9) -Sparsely Vegetated Concave Surface (B8)-Other (Explain in Remarks) -Iron Deposits (B5)-Thin Muck Surface (C7)X FAC-Neutral Test (D5) -Algal Mat or Crust (B4)-Recent Iron Reduction in Tilled Soils (C6)X Geomorphic Position (D2) -Drift Deposits (B3)-Presence of Reduced Iron (C4)-Stunted or Stressed Plants (D1) -Sediment Deposits (B2)-Oxidized Rhizospheres on Living Roots (C3)-Saturation Visible on Aerial Imagery (C9) -Water Marks (B1)-Hydrogen Sulfide Odor (C1)-Crayfish Burrows (C8) X Saturation (A3)-True Aquatic Plants (B14)-Dry-Season Water Table (C2) -High Water Table (A2)-Aquatic Fauna (B13)-Drainage Patterns (B10) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply)Secondary Indicators (minimum of two required) -Surface Water (A1)-Water-Stained Leaves (B9)-Soil Surface Cracks (B6) Hydric Soil Present? Yes X No -5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Type: 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic -Sandy Mucky Mineral (S1)-Redox Depressions (F8) X Depleted Below Dark Surface (A11)-Redox Dark Surface (F6) -Thick Dark Surface (A12)-Depleted Dark Surface (F7) -2 cm Muck (A10)X Depleted Matrix (F3) -Stratified Layers (A5)-Loamy Gleyed Matrix (F2)-Other (Explain in Remarks) -Hydrogen Sulfide (A4)-Loamy Mucky Mineral (F1)-Very Shallow Dark Surface (TF 12) -Black Histic (A3)-Stripped Matrix (S6)-Iron-Manganese Masses (F12) -Histic Epipedon (A2)-Sandy Redox (S5)-Dark Surface (S7) -Histosol (A1)-Sandy Gleyed Matrix (S4)-Coast Prairie Redox (A16) 1 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains.2 Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators:Indicators for Problematic Hydric Soils3: M SiLo 10YR 6/2 15 D M 11-32 10YR 5/1 60 7.5YR 4/6 25 C 10YR 5/2 25 D M 3-11 10YR 4/1 55 7.5YR 4/6 20 C M/PL SiLo 0-3 10YR 3/1 100 SiLo (inches) Color (Moist) % Color (Moist) %Type1 Loc2 Texture Remarks SP1 Depth Matrix Redox Features US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region Applicant/Owner: Are Climatic/ Hydrologic conditions on the site typical for this time of year?Yes (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation , Soil , or Hydrology Naturally Problematic?(If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Yes No Wetland Hydrology Present? Yes No Remarks: VEGETATION - Use scientific name of plants. Dominance Test Worksheet: Tree Stratum (Plot Size:) (A) (B) = Total Cover (AB) Sapling/Shrub Stratum (Plot Size:)Prevalence Index Worksheet: x 1 = x 2 = x 3 = x 4 = =Total Cover x 5 = Herbaceous Stratum (Plot Size:) Prevalence Index = B/A = Hydrophytic Vegetation Index: 1 - Rapid Test for Hydrophtic Vegetation 2 - Dominance Test is >50% 3 - Pevalence Index is <3.01 Problematic Hydrophytic vegetation1 (Explain) =Total Cover Woody Vine Stratum (Plot Size:) =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) 2. Yes X No 20%= 22 110 50%=0 20%=0 0 30ft radius Hydrophytic Vegetation Present? 1. 10. 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problemtic50%= 55 9. 4-Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet8. X 7. 6. 5. X 4.Alliaria petiolata Garlic Mustard 15 No FAC 3.Arctium lappa Burdock 10 No UPL Yes FACW 2.41 2.Urtica dioica Stinging Nettle 10 No FACW 5ft radius 1.Phalaris arundinacea Reed Canarygrass 75 50 Column Totals:110 (A)265 (B) FACU Species 0 0 50%=0 20%=0 0 UPL Species 10 170 4. FAC Species 15 45 3. FACW Species 85 5. 2. OBL Species 0 0 100% 15ft radius 1. 50%=0 20%=0 0 Percent of Dominant Species That Are OBL, FACW, or FAC: Total % Cover of:Multiply By: 5. Total Number of Dominant Species Across all Strata:14. 3. 2. Number of Dominant Species That Are OBL, FACW, or FAC:11. X X Absolute % Cover Dominant Species? Indicator Status30ft radius X Is the Sampled Area within a wetland?X X Soil Map Unit Name:11B Colo-Ely Complex NWI Classification:None X No Slope (%):0-5%Lat:41.653951 Long:-91.612911 Datum:Decimal Degree Investigator(s):Lee Swank Section, Township, Range:NE1/4, NW1/4, SEC13-T79N-R7W Landform (hillslope, terrace, etc.):FootSlope Local Relief (Concave, Convex, None):none CKR Construction Services LLC State:Iowa Sampling Point:SP2 Project/Site:IWV ROAD SW City/County:Iowa City Sampling Date:5/11/2021 US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches): Remarks: HYDROLOGY Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: Remarks: Wetland hydrology Present?Yes No XSaturation Present? (includes capillary fringe) Yes No X Depth (Inches): Depth (Inches): Water Table Present? Yes No X Depth (Inches): Field Observations: Surface Water Present? Yes No X -Inundation Visible on Aerial Imagery (B7)-Gauge or Well Data (D9) -Sparsely Vegetated Concave Surface (B8)-Other (Explain in Remarks) -Iron Deposits (B5)-Thin Muck Surface (C7)X FAC-Neutral Test (D5) -Algal Mat or Crust (B4)-Recent Iron Reduction in Tilled Soils (C6)-Geomorphic Position (D2) -Drift Deposits (B3)-Presence of Reduced Iron (C4)-Stunted or Stressed Plants (D1) -Sediment Deposits (B2)-Oxidized Rhizospheres on Living Roots (C3)-Saturation Visible on Aerial Imagery (C9) -Water Marks (B1)-Hydrogen Sulfide Odor (C1)-Crayfish Burrows (C8) -Saturation (A3)-True Aquatic Plants (B14)-Dry-Season Water Table (C2) -High Water Table (A2)-Aquatic Fauna (B13)-Drainage Patterns (B10) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply)Secondary Indicators (minimum of two required) -Surface Water (A1)-Water-Stained Leaves (B9)-Soil Surface Cracks (B6) Hydric Soil Present? Yes No X sample not taken within a depression - does not meet indicator F8 -5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Type: 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic -Sandy Mucky Mineral (S1)-Redox Depressions (F8) -Depleted Below Dark Surface (A11)-Redox Dark Surface (F6) -Thick Dark Surface (A12)-Depleted Dark Surface (F7) -2 cm Muck (A10)-Depleted Matrix (F3) -Stratified Layers (A5)-Loamy Gleyed Matrix (F2)-Other (Explain in Remarks) -Hydrogen Sulfide (A4)-Loamy Mucky Mineral (F1)-Very Shallow Dark Surface (TF 12) -Black Histic (A3)-Stripped Matrix (S6)-Iron-Manganese Masses (F12) -Histic Epipedon (A2)-Sandy Redox (S5)-Dark Surface (S7) -Histosol (A1)-Sandy Gleyed Matrix (S4)-Coast Prairie Redox (A16) 1 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains.2 Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators:Indicators for Problematic Hydric Soils3: M SiClLo 10YR 5/2 10 D M 16-30 10YR 4/2 75 7.5YR 3/4 15 C 10YR 5/3 15 D M 3-16 10YR 3/1 83 7.5YR 4/6 2 C M Silo 0-3 10YR 3/1 90 10YR 5/3 10 D M Silo (inches) Color (Moist) % Color (Moist) %Type1 Loc2 Texture Remarks SP2 Depth Matrix Redox Features US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region Applicant/Owner: Are Climatic/ Hydrologic conditions on the site typical for this time of year?Yes (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation , Soil , or Hydrology Naturally Problematic?(If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Yes No Wetland Hydrology Present? Yes No Remarks: VEGETATION - Use scientific name of plants. Dominance Test Worksheet: Tree Stratum (Plot Size:) (A) (B) = Total Cover (AB) Sapling/Shrub Stratum (Plot Size:)Prevalence Index Worksheet: x 1 = x 2 = x 3 = x 4 = =Total Cover x 5 = Herbaceous Stratum (Plot Size:) Prevalence Index = B/A = Hydrophytic Vegetation Index: 1 - Rapid Test for Hydrophtic Vegetation 2 - Dominance Test is >50% 3 - Pevalence Index is <3.01 Problematic Hydrophytic vegetation1 (Explain) =Total Cover Woody Vine Stratum (Plot Size:) =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) Sample point taken in Ag field subject to herbicide application 2. Yes No X 20%= 3 15 50%=0 20%=0 0 30ft radius Hydrophytic Vegetation Present? 1. 10. 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problemtic50%= 7.5 9. 4-Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet8. 7. 6. 5. 4. 3. Yes UPL 5.00 2.Arctium lappa Burdock 5 Yes UPL 5ft radius 1.Glycine max Soybean 10 75 Column Totals:15 (A)75 (B) FACU Species 0 0 50%=0 20%=0 0 UPL Species 15 0 4. FAC Species 0 0 3. FACW Species 0 5. 2. OBL Species 0 0 0% 15ft radius 1. 50%=0 20%=0 0 Percent of Dominant Species That Are OBL, FACW, or FAC: Total % Cover of:Multiply By: 5. Total Number of Dominant Species Across all Strata:24. 3. 2. Number of Dominant Species That Are OBL, FACW, or FAC:01. X X Sample point taken in Ag field Absolute % Cover Dominant Species? Indicator Status30ft radius X Is the Sampled Area within a wetland?X X X X Soil Map Unit Name:11B Colo-Ely Complex NWI Classification:Riverine X No Slope (%):0-5%Lat:41.54005 Long:-91.612063 Datum:Decimal Degree Investigator(s):Lee Swank Section, Township, Range:NE1/4, NW1/4, SEC13-T79N-R7W Landform (hillslope, terrace, etc.):footslope Local Relief (Concave, Convex, None):none CKR Construction Services LLC State:Iowa Sampling Point:SP3 Project/Site:IWV ROAD SW City/County:Iowa City Sampling Date:5/11/2021 US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches): Remarks: HYDROLOGY Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: Remarks: Wetland hydrology Present?Yes No XSaturation Present? (includes capillary fringe) Yes No X Depth (Inches): Depth (Inches): Water Table Present? Yes No X Depth (Inches): Field Observations: Surface Water Present? Yes No X -Inundation Visible on Aerial Imagery (B7)-Gauge or Well Data (D9) -Sparsely Vegetated Concave Surface (B8)-Other (Explain in Remarks) -Iron Deposits (B5)-Thin Muck Surface (C7)-FAC-Neutral Test (D5) -Algal Mat or Crust (B4)-Recent Iron Reduction in Tilled Soils (C6)-Geomorphic Position (D2) -Drift Deposits (B3)-Presence of Reduced Iron (C4)-Stunted or Stressed Plants (D1) -Sediment Deposits (B2)-Oxidized Rhizospheres on Living Roots (C3)-Saturation Visible on Aerial Imagery (C9) -Water Marks (B1)-Hydrogen Sulfide Odor (C1)-Crayfish Burrows (C8) -Saturation (A3)-True Aquatic Plants (B14)-Dry-Season Water Table (C2) -High Water Table (A2)-Aquatic Fauna (B13)-Drainage Patterns (B10) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply)Secondary Indicators (minimum of two required) -Surface Water (A1)-Water-Stained Leaves (B9)-Soil Surface Cracks (B6) Hydric Soil Present? Yes No X -5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Type: 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic -Sandy Mucky Mineral (S1)-Redox Depressions (F8) -Depleted Below Dark Surface (A11)-Redox Dark Surface (F6) -Thick Dark Surface (A12)-Depleted Dark Surface (F7) -2 cm Muck (A10)-Depleted Matrix (F3) -Stratified Layers (A5)-Loamy Gleyed Matrix (F2)-Other (Explain in Remarks) -Hydrogen Sulfide (A4)-Loamy Mucky Mineral (F1)-Very Shallow Dark Surface (TF 12) -Black Histic (A3)-Stripped Matrix (S6)-Iron-Manganese Masses (F12) -Histic Epipedon (A2)-Sandy Redox (S5)-Dark Surface (S7) -Histosol (A1)-Sandy Gleyed Matrix (S4)-Coast Prairie Redox (A16) 1 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains.2 Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators:Indicators for Problematic Hydric Soils3: 13-30 10YR 3/2 85 10YR 5/2 15 D M SiClLo 5-13 10YR 3/1 97 7.5YR 3/3 3 C M SiClLo 0-5 10YR 3/1 100 SiLo (inches) Color (Moist) % Color (Moist) %Type1 Loc2 Texture Remarks SP3 Depth Matrix Redox Features US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region Applicant/Owner: Are Climatic/ Hydrologic conditions on the site typical for this time of year?Yes (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation , Soil , or Hydrology Naturally Problematic?(If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Yes No Wetland Hydrology Present? Yes No Remarks: VEGETATION - Use scientific name of plants. Dominance Test Worksheet: Tree Stratum (Plot Size:) (A) (B) = Total Cover (AB) Sapling/Shrub Stratum (Plot Size:)Prevalence Index Worksheet: x 1 = x 2 = x 3 = x 4 = =Total Cover x 5 = Herbaceous Stratum (Plot Size:) Prevalence Index = B/A = Hydrophytic Vegetation Index: 1 - Rapid Test for Hydrophtic Vegetation 2 - Dominance Test is >50% 3 - Pevalence Index is <3.01 Problematic Hydrophytic vegetation1 (Explain) =Total Cover Woody Vine Stratum (Plot Size:) =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) 2. Yes X No 20%= 22 110 50%=0 20%=0 0 30ft radius Hydrophytic Vegetation Present? 1. 10. 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problemtic50%= 55 9. 4-Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet8. X 7. 6.Cryptotaenia canadensis Canadian Honewort 5 No FAC 5.Sanicula odorata Clustered blacksnakeroot 5 No FAC X 4.Alliaria petiolata Garlic Mustard 10 No FAC 3.Arctium lappa Burdock 5 No UPL Yes FACW 2.38 2.Urtica dioica Stinging Nettle 10 No FACW 5ft radius 1.Phalaris arundinacea Reed Canarygrass 75 25 Column Totals:160 (A)380 (B) FACU Species 0 0 50%=0 20%=0 0 UPL Species 5 220 4. FAC Species 45 135 3. FACW Species 110 5. 2. OBL Species 0 0 100% 15ft radius 1. 50%=25 20%=10 50 Percent of Dominant Species That Are OBL, FACW, or FAC: Total % Cover of:Multiply By: 5. Total Number of Dominant Species Across all Strata:34. 3. 2.Populus deltoides Eastern Cottonwood 25 Yes FAC Number of Dominant Species That Are OBL, FACW, or FAC:31.Ulmus Americana American Elm 25 Yes FACW X Absolute % Cover Dominant Species? Indicator Status30ft radius X Is the Sampled Area within a wetland?X X X Soil Map Unit Name:11B Colo-Ely Complex NWI Classification:none X No Slope (%):0-5%Lat:41.653765 Long:-91.613343 Datum:Decimal Degree Investigator(s):Lee Swank Section, Township, Range:NW1/4, NW1/4, SEC13-T79N-R7W Landform (hillslope, terrace, etc.):Footslope Local Relief (Concave, Convex, None):concave CKR Construction Services LLC State:Iowa Sampling Point:SP4 Project/Site:IWV ROAD SW City/County:Iowa City Sampling Date:5/11/2021 US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches): Remarks: HYDROLOGY Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: Remarks: 22 Wetland hydrology Present?Yes X NoSaturation Present? (includes capillary fringe) Yes X No Depth (Inches): Depth (Inches): Water Table Present? Yes X No Depth (Inches):33 Field Observations: Surface Water Present? Yes No X -Inundation Visible on Aerial Imagery (B7)-Gauge or Well Data (D9) -Sparsely Vegetated Concave Surface (B8)-Other (Explain in Remarks) -Iron Deposits (B5)-Thin Muck Surface (C7)X FAC-Neutral Test (D5) -Algal Mat or Crust (B4)-Recent Iron Reduction in Tilled Soils (C6)X Geomorphic Position (D2) -Drift Deposits (B3)-Presence of Reduced Iron (C4)-Stunted or Stressed Plants (D1) -Sediment Deposits (B2)-Oxidized Rhizospheres on Living Roots (C3)-Saturation Visible on Aerial Imagery (C9) -Water Marks (B1)-Hydrogen Sulfide Odor (C1)-Crayfish Burrows (C8) -Saturation (A3)-True Aquatic Plants (B14)-Dry-Season Water Table (C2) -High Water Table (A2)-Aquatic Fauna (B13)-Drainage Patterns (B10) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply)Secondary Indicators (minimum of two required) -Surface Water (A1)-Water-Stained Leaves (B9)-Soil Surface Cracks (B6) Hydric Soil Present? Yes X No -5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Type: 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic -Sandy Mucky Mineral (S1)-Redox Depressions (F8) X Depleted Below Dark Surface (A11)-Redox Dark Surface (F6) -Thick Dark Surface (A12)-Depleted Dark Surface (F7) -2 cm Muck (A10)X Depleted Matrix (F3) -Stratified Layers (A5)-Loamy Gleyed Matrix (F2)-Other (Explain in Remarks) -Hydrogen Sulfide (A4)-Loamy Mucky Mineral (F1)-Very Shallow Dark Surface (TF 12) -Black Histic (A3)-Stripped Matrix (S6)-Iron-Manganese Masses (F12) -Histic Epipedon (A2)-Sandy Redox (S5)-Dark Surface (S7) -Histosol (A1)-Sandy Gleyed Matrix (S4)-Coast Prairie Redox (A16) 1 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains.2 Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators:Indicators for Problematic Hydric Soils3: M SiLo 10YR 6/2 20 D M 14-32 10YR 5/1 60 7.5YR 4/4 20 C 10YR 6/2 10 D M 8-14 10YR 5/1 80 7.5YR 4/6 10 C M/PL SiLo 0-8 10YR 3/1 100 (inches) Color (Moist) % Color (Moist) %Type1 Loc2 Texture Remarks SP4 Depth Matrix Redox Features US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region Applicant/Owner: Are Climatic/ Hydrologic conditions on the site typical for this time of year?Yes (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation , Soil , or Hydrology Naturally Problematic?(If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Hydric Soil Present? Yes No Yes No Wetland Hydrology Present? Yes No Remarks: VEGETATION - Use scientific name of plants. Dominance Test Worksheet: Tree Stratum (Plot Size:) (A) (B) = Total Cover (AB) Sapling/Shrub Stratum (Plot Size:)Prevalence Index Worksheet: x 1 = x 2 = x 3 = x 4 = =Total Cover x 5 = Herbaceous Stratum (Plot Size:) Prevalence Index = B/A = Hydrophytic Vegetation Index: 1 - Rapid Test for Hydrophtic Vegetation 2 - Dominance Test is >50% 3 - Pevalence Index is <3.01 Problematic Hydrophytic vegetation1 (Explain) =Total Cover Woody Vine Stratum (Plot Size:) =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) 2. Yes X No 20%= 20.4 102 50%=0 20%=0 0 30ft radius Hydrophytic Vegetation Present? 1. 10. 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problemtic50%= 51 9. 4-Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet8. X 7. 6. 5. X 4. 3.Ambrosia artemisiifolia Ragweed 2 No FACU Yes FACW 2.11 2.Sanicula odorata Clustered blacksnakeroot 10 No FAC 5ft radius 1.Phalaris arundinacea Reed Canarygrass 90 0 Column Totals:127 (A)268 (B) FACU Species 2 8 50%=0 20%=0 0 UPL Species 0 230 4. FAC Species 10 30 3. FACW Species 115 5. 2. OBL Species 0 0 100% 15ft radius 1. 50%=12.5 20%=5 25 Percent of Dominant Species That Are OBL, FACW, or FAC: Total % Cover of:Multiply By: 5. Total Number of Dominant Species Across all Strata:24. 3. 2. Number of Dominant Species That Are OBL, FACW, or FAC:21.Acer saccharinum Silver Maple 25 Yes FACW X Absolute % Cover Dominant Species? Indicator Status30ft radius X Is the Sampled Area within a wetland?X X X Soil Map Unit Name:11B Colo-Ely Complex NWI Classification:none- adjacent to mapped riverine wetland X No Slope (%):0-5%Lat:41.653923 Long:-91.61764 Datum:Decimal Degree Investigator(s):Lee Swank Section, Township, Range:NW1/4, NW1/4, SEC13-T79N-R7W Landform (hillslope, terrace, etc.):footslope Local Relief (Concave, Convex, None):concave CKR Construction Services LLC State:Iowa Sampling Point:SP5 Project/Site:IWV ROAD SW City/County:Iowa City Sampling Date:5/11/2021 US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches): Remarks: HYDROLOGY Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: Remarks: 5"Wetland hydrology Present?Yes X NoSaturation Present? (includes capillary fringe) Yes X No Depth (Inches): Depth (Inches): Water Table Present? Yes X No Depth (Inches):7" Field Observations: Surface Water Present? Yes No X -Inundation Visible on Aerial Imagery (B7)-Gauge or Well Data (D9) -Sparsely Vegetated Concave Surface (B8)-Other (Explain in Remarks) -Iron Deposits (B5)-Thin Muck Surface (C7)X FAC-Neutral Test (D5) -Algal Mat or Crust (B4)-Recent Iron Reduction in Tilled Soils (C6)X Geomorphic Position (D2) -Drift Deposits (B3)-Presence of Reduced Iron (C4)-Stunted or Stressed Plants (D1) -Sediment Deposits (B2)-Oxidized Rhizospheres on Living Roots (C3)-Saturation Visible on Aerial Imagery (C9) -Water Marks (B1)-Hydrogen Sulfide Odor (C1)-Crayfish Burrows (C8) X Saturation (A3)-True Aquatic Plants (B14)-Dry-Season Water Table (C2) X High Water Table (A2)-Aquatic Fauna (B13)X Drainage Patterns (B10) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply)Secondary Indicators (minimum of two required) -Surface Water (A1)-Water-Stained Leaves (B9)-Soil Surface Cracks (B6) Hydric Soil Present? Yes X No -5 cm Mucky Peat or Peat (S3) Restrictive Layer (if observed): Type: 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic -Sandy Mucky Mineral (S1)X Redox Depressions (F8) X Depleted Below Dark Surface (A11)X Redox Dark Surface (F6) -Thick Dark Surface (A12)X Depleted Dark Surface (F7) -2 cm Muck (A10)X Depleted Matrix (F3) -Stratified Layers (A5)-Loamy Gleyed Matrix (F2)-Other (Explain in Remarks) -Hydrogen Sulfide (A4)-Loamy Mucky Mineral (F1)-Very Shallow Dark Surface (TF 12) -Black Histic (A3)-Stripped Matrix (S6)-Iron-Manganese Masses (F12) -Histic Epipedon (A2)-Sandy Redox (S5)-Dark Surface (S7) -Histosol (A1)-Sandy Gleyed Matrix (S4)-Coast Prairie Redox (A16) 1 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, CS=Covered or Coated Sand Grains.2 Location: PL=Pore Lining, M=Matrix Hydric Soil Indicators:Indicators for Problematic Hydric Soils3: SiClLo26+ Gley 1 2.5/N 100 5-26 10YR 4/1 80 7.5YR 4/6 20 C M SiClLo 10YR 5/2 10 D M 0-5 10YR 3/1 80 10YR 5/8 10 C M/PL SiClLo (inches) Color (Moist) % Color (Moist) %Type1 Loc2 Texture Remarks SP5 Depth Matrix Redox Features US Army Corps of Engineers Midwest Region - Version 2.0 July 8, 2021 City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Re: IWV Road SW Rezoning, Annexation and Comprehensive Plan Amendment On behalf of IWV Holdings LLC we are submitting a request for an Annexation and Rezoning in conjunction with a Comprehensive Plan Amendment. The described land consists of 79.39 acres in total, the proposal includes 70.39 acres to be annexed into the City of Iowa City with 9.0 acres currently located within the city limits. The area is shown as a future growth area. Scheduled improvements to IWV Road will provide necessary arterial access, with additional access provided via Slothower Road. Public water will be available to the site, and public sewer can be extended to serve the site as required. Circumstances for this site have changed since the current plan was adopted. As mentioned above, there are scheduled improvements to IWV Road, and the city has expressed a plan to revisit the comprehensive plan for this region in the near term. These factors, in addition to the plans by the county for the Johnson County Poor Farm, meet the approval criteria for a Comprehensive Plan amendment. We are proposing a change of the land use from a mix of Public/Private Open Space, Rural Residential and 2-8 DU/A to Intensive Commercial. We feel this amendment is appropriate given the access from the property to an arterial road which provides a direct route to Interstate I-380. The proximity to the Iowa City Landfill and a number of other commercially zoned properties along IWV Road SW shows a consistent pattern of compatibility with surrounding development in this area, and is generally compatible with the policies and provisions of the Comprehensive Plan. At this time Intensive Commercial (CI-1) is being requested for the East portion of the property and Interim Development Commercial (ID-C) is being requested for the West portion of the property. The ID-C zoning will allow for managed growth of future development and for the current use of the land to continue until a plan to provide city services can be established. This zoning also allows for a review of the stream corridor and the associated sensitive areas located in the West portion when a permanent zoning classification application is submitted. Development of the West portion, and any potential impacts to the sensitive areas, can be more appropriately reviewed when city services are able to be provided. If you have questions or require any additional information, please contact us accordingly. Respectfully submitted, Jon Marner. MMS Consultants, Inc. 10355-010L2.DOCX DESCRIPTION - ANNEXATION PARCEL THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA. EXCEPTING THE EAST 300 FEET THEREFROM CONTAINING 70.4 ACRES, MORE OR LESS DESCRIPTION - REZONING PARCEL #1 A PORTION OF THE EAST 300 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the North Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S00°00'59"W, along the East Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 1305.56 feet, to its intersection with the Easterly Projection of the North Line of Kauble's Subdivision, in accordance with the Plat thereof Recorded in Plat Book 20 at Page 47 of the Records of the Johnson County Recorder's Office; Thence S88°45'34"W, along said Easterly Projection and North Line, 300.07 feet; Thence N00°00'59"E, 1307.41 feet, to a Point on the North Line of the North One-Half of the Northwest Quarter of said Section 13; Thence N89°06'50"E, along said North Line, 300.04 feet, to the Point of Beginning. Said Rezoning Parcel #1 contains 9.00 Acres, and is subject to easements and restrictions of record. DESCRIPTION - REZONING PARCEL #2 A PORTION OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the North Quarter Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence S00°00'59"W, along the East Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 1305.56 feet, to its intersection with the Easterly Projection of the North Line of Kauble's Subdivision, in accordance with the Plat thereof Recorded in Plat Book 20 at Page 47 of the Records of the Johnson County Recorder's Office; Thence S88°45'34"W, along said Easterly Projection and North Line, 300.07 feet, to the Point of Beginning; Thence continuing S88°45'34"W, along said North Line, 414.99 feet, to the Northwest Corner thereof; Thence S00°06'26"E, along the West Line of said Kauble's Subdivision, 3.41 feet, to its intersection with the South Line of the North One-Half of the Northwest Quarter of said Section 13; Thence S89°03'31"W, along said South Line, 1551.41 feet; Thence N13°37'32"W, 53.10 feet; Thence N04°19'09"E, 213.22 feet; Thence N22°47'41"E, 655.46 feet; Thence N33°02'35"E, 438.62 feet; Thence N00°53'27"W, 86.39 feet, to a Point on the North Line of the North One-Half of the Northwest Quarter of said Section 13; Thence N89°06'50"E, along said North Line, 1471.32 feet; Thence S00°00'59"W, 1307.41 feet, to the Point of Beginning. Said Rezoning Parcel #2 contains 53.36 Acres, and is subject to easements and restrictions of record. DESCRIPTION - REZONING PARCEL #3 A PORTION OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: Beginning at the Northwest Corner of Section 13, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°06'50"E, along the North Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 862.10 feet; Thence S00°53'27"E, 86.39 feet; Thence S33°02'35"W, 438.62 feet; Thence S22°47'41"W, 655.46 feet; Thence S04°19'09"W, 213.22 feet; Thence S13°37'32"E, 53.10 feet, to a Point on the South Line of the North One-Half of the Northwest Quarter of said Section 13; Thence S89°03'31"W, along said South Line, 370.12 feet, to the Southwest Corner of the North One- Half of the Northwest Quarter of said Section 13; Thence N00°08'52"E, along the West Line of the North One-Half of the Northwest Quarter of said Section 13, a distance of 1315.30 feet, to the Point of Beginning. Said Rezoning Parcel #3 contains 17.03 Acres, and is subject to easements and restrictions of record. Permitted by Right Permitted Provisionally Permitted by Special Exception Selected Criteria Residential Uses Assisted group living S 1 roomer/300 sf lot area Commercial Uses Building trade P Indoor/Outdoor Commercial Recreation P Eating establishments P General and medical/dental office P Most Retail: Alcohol sales, Hospitality, Outdoor storage and display, Personal service, Repair, Sales P Surface passenger service P Adult business PR Must be 1,000' from educational, parks, religious assembly use, or residential uses or zones and 500' from other adult business uses General/Intensive Animal related commercial PR Facilities with outdoor areas must be 400' from residential zones. Overnight boarding facilities must be completely indoors. Drinking Establishments PR Provisions not applicable here Quick vehicle servicing PR Vehicular use areas must be screened from the ROW (S2) and abutting residential zones (S3). Fuel dispensing equipment must be set back 50' from residential zone boundaries. Vehicle repair PR If abutting residential zone, outdoor work and loud indoor work is only allowed 7:00 A.M. to 10:00 P.M. The site must minimize views of vehicular use areas from the ROW and adjacent properties. All outdoor storage areas abutting other properties must be fenced (S5) and screened (S3) with landscaping. Industrial Uses Industrial service P Self-service storage P Warehouse and freight movement P Wholesale sales P General and Technical/light Manufacturing and production PR S Use is limited to 5,000 sf or 15,000 sf by special exception. The following are prohibited: Chemical, vehicle, rubber, or plastics manufacturing; milling or processing grain; leather tanning; and textile mills. Heavy manufacturing S Limited to concrete batch/mix plants at least 500' from any residentially zoned property. Institutional & Civic Uses Religious/private group assembly P Daycare PR Requires minimum usable interior floor space and childcare uses must provide a minimum fenced outdoor play area enclosed by a fence (S4) and screened along the perimeter (S3). A drop off/pick up area must be provided with adequate stacking and/or parking spaces. Basic utility PR S If located in a completely enclosed building with another principal use, it is allowed provisionally. If not, it typically requires a special exception and must be screened from public view and adjacent residential zones (S3). It must also be compatible with surrounding structures and uses, particularly if close to or within view of a residential zone. Community service - long term housing PR S A special exception is required if across the street from or adjacent to an RS zone. Minimum 900 sf of lot area per dwelling unit is required (with only eff./1-BDR units). Requires a site plan and a management plan and neighborhood meeting for nearby owners. Only 50% of the 1st floor may be occupied by residential uses. Community service - shelter S A minimum of 300 sf of lot area per permanent resident and 200 sf of lot area per temporary resident is required. The applicant must submit a site plan and a shelter management plan that address nuisance issues. General community service S Must not significantly alter the overall character of the zone or inhibit future development. Detention facilities S Must be 1,000' from educational, parks, religious assembly use, or residential uses or zones and 500' from other detention facilities. Requires a security plan. Specialized Educational Facilities S Must be compatible with surrounding uses. Utility-scale ground-mounted solar energy systems S Must be 200' and screened from view (S3) from any residential zone. Must be enclosed by a 6-8’ tall security fence and the maximum height shall be no greater than 15'. Must also satisfy the special exception approval criteria for a basic utility use. Other Uses Communication transmission facility: Antennas PR The antenna must be mounted on another structure allowed in the zone and may not be illuminated by strobe lights unless required by federal regulations. Any equipment associated with the antenna must be within the walls of the building to which the antenna is attached or screened from public view (S3). Communication transmission facility: Towers S Must serve an area that cannot be served by an existing tower or industrial property or by locating antennas on existing structures in the area. The proposed tower must camouflage the structure and be no taller than is necessary, up to 120'. The tower must be set back at least a distance equal to the height of the tower from any residential, ID-R zone. Any associated equipment must be enclosed in an equipment shed, cabinet, or building, which must be adequately screened from view of the public right of way and any adjacent residential or commercial property. Use Categories Subgroups CI-1 Residential uses: Group living uses Assisted group living S 1) Maximum Density: One roomer per 300 square feet of lot area. (staff/live-in staff of a facility are not considered roomers) 2) Must have bath and toilet facilities available for use by roomers (per Title 17). May allow tenants' access to a communal kitchen, dining room, and other common facilities and services. 14-4B-4A- 8 Fraternal group living Independent group living Household living uses Attached single- family dwellings Detached single-family dwellings Detached zero lot line dwellings Duplexes Group households Multi-family dwellings Commercial uses: Adult business uses PR Must be at least: 1) 1,000' from any property containing an existing daycare use, educational facility use, parks and open space use, religious/private assembly use, or residential use; or any single-family or multi-family residential zone. 2) 500' from any other adult business use. 14-4B-4B- 1 General PR Animal related commercial uses Intensive PR Any facility with outdoor runs or exercise areas must be located at least 400' from any residential zone. Overnight boarding facilities must be located completely indoors within a soundproof building. If all aspects of the operation, including any accessory uses, are conducted completely indoors within a soundproof building, then the setback requirements of this provision do not apply. However, the use is subject to any setback requirements of the base zone. 14-4B-4B- 3 Building trade uses P Commercial parking uses Commercial recreational uses1 Indoor P Outdoor P Drinking establishments1 PR Applies only to Drinking Establishments In the university impact area or riverfront crossings district. 14-4B-4B- 11 Eating establishments1 P Office uses General office P Medical/dental office P Quick vehicle servicing uses1 PR 1) All vehicular use areas, including parking and stacking spaces, drives, aisles, and service lanes, must be screened from the public right of way to the S2 standard and to the S3 standard along any side or rear lot line that abuts a residential zone boundary. 2) Sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle conflicts along abutting streets. 3) Unenclosed canopies over gas pump islands must be set back at least 10' from any street right of way. Fuel dispensing equipment must be set back at least 10' from any street right of way, and at least 50' from any residential zone boundary. 4) All lighting must comply with 14-5G 14-4B-4B- 12 Retail uses1 Alcohol sales P Delayed deposit service uses Hospitality P Outdoor storage and display P Personal service P Repair P Sales P Surface passenger service uses P Vehicle repair uses PR 1) If on a property abutting a residential zone boundary, in addition to applicable noise control provisions (6-4-2), all outdoor work operations are prohibited between 10:00 P.M. and 7:00 A.M. Any indoor operations that result in noise exceeding 60 dBA as measured at the residential zone boundary are prohibited between 10:00 P.M. and 7:00 A.M. 2) No vehicle shall be stored on the property for more than 45 continuous days. 3) The site must be designed to minimize views of vehicular use areas from the public right-of-way and from adjacent properties. (a) Outdoor storage areas, including storage of vehicles to be repaired, must be concealed from public view to the extent possible. If it is not feasible to conceal the storage areas behind buildings, the storage areas must be set back at least 20' from any public right-of-way, including public trails and open space, and screened from public view to at least the S3 standard. (b) Other vehicular use areas that abut the public right-of-way, including parking and stacking spaces, driveways, aisles, and service lanes, must be set back at least 10' from the public right-of-way and landscaped according to the S2 standard. (c) All outdoor storage areas that abut other properties must be fenced to the S5 standard and screened to at least the S3 standard. Landscape screening must be located between the fence and the abutting property. The landscape screening requirement may be waived by the building official, upon convincing evidence that a planting screen cannot be expected to thrive because of intense shade, soil conditions, or other site characteristics. The presence of existing pavement, by itself, shall not constitute convincing evidence. 14-4B-4B- 21 Industrial uses: Industrial service uses P Manufacturing and production uses General manufacturing PR a. The proposed use is limited to 5,000 square feet of gross floor area, excluding floor area devoted to other principal or accessory uses, except it may be increased up to 15,000 square feet by special exception b. The proposed use meets the performance standards for off site impacts contained in 14-5H "Performance Standards". The city may require certification of compliance from a registered professional engineer or other qualified person. c. The following general manufacturing uses are prohibited in the CI-1 zone: The manufacturing of chemicals and allied products; Any manufacturing establishment that includes milling or processing of grain; Leather tanning; Manufacture of motor vehicles; Manufacture or processing of rubber and plastics; and Textile mills. 14-4B-4C- 2 Technical/light manufacturing PR Heavy manufacturing S 1) Heavy manufacturing uses is limited to concrete batch/mix plants 2) Must be at least 500' from any residentially zoned property. 3) All proposed outdoor storage and work areas must be located and screened to adequately reduce the noise, dust, and visual impact of the proposed use from surrounding properties. 4) Traffic circulation and access points must be designed to prevent hazards to adjacent streets or property. 14-4B-4C- 4 Salvage operations Self-service storage uses P Warehouse and freight movement uses P Waste related uses Wholesale sales uses P Institutional and civic uses: Basic utility uses PR/S 1) Basic utilities are permitted within a building that houses another principal use allowed in the zone, provided the facility is completely enclosed, and there is no visible indication of the existence of the facility from the exterior of the building. 2) Basic utilities not enclosed within a building are permitted only by special exception (except water and sanitary sewer pumps or lift stations approved as part of subdivision or site plan approval) a) Proposed uses must be screened from public view and from view of any adjacent residential zones to at least the S3 standard. b) In addition, the applicant must provide evidence that the proposed use will be compatible with surrounding structures and uses with regard to safety, size, height, scale, location, and design, particularly for facilities that will be located close to or within view of a residential zone. c) For uses located in highly visible areas, the board may consider additional design elements such as masonry or brick facades, and walls or fencing to improve public safety and to soften the visual impact of the proposed use. 14-4B-4D- 1 Community service uses Community service - long term housing PR/S 1) A minimum of 900 sf of lot area per dwelling unit is required. 2) Dwelling units must be efficiency and/or one bedroom units. 3) The applicant must submit a site plan and a management plan that addresses potential nuisances such as loitering, noise, lighting, late night operations, odors, outdoor storage and litter. The management plan must include plans for controlling litter, loitering and noise; provisions for 24/7 on site management and/or security, and a conflict resolution procedure to resolve nuisances if they occur. The site plan and management plan must be submitted concurrently to the city, or if permitted as a special exception said plans must be submitted with the special exception application. 4) A special exception is required if the proposed use is across the street from or adjacent to a single-family residential zone. 5) Prior to a building permit being issued, the owner or operator of the community service - long term housing use must hold a neighborhood meeting inviting all property owners within 200' of the proposed use. At the neighborhood meeting, the owner or operator must provide copies of the management plan, and contact information for the management team of the proposed use. 6) Must comply with the minimum standards as specified in the Iowa City housing code and maintain a rental permit. 7) Up to 50% of the first floor of the building may be occupied by residential uses. 14-4B-4D- 6 Community service - shelter S 1) A minimum of 300 sf of lot area per permanent resident and 200 sf of lot area per temporary resident is required. 2) Nuisance Issues: The proposed use will not have significant adverse effects on the livability of nearby residential or commercial uses due to loitering, noise, glare from lights, late night operations, odors, outdoor storage, and litter. The applicant must submit a site plan and a shelter management plan that address these issues. The management plan must include a litter control plan, a loitering control plan, a plan for on site security, and a conflict resolution procedure to resolve nuisance issues if they occur. The site plan and shelter management plan must be submitted along with the application for a special exception, or if allowed as a 14-4B-4D- 5 provisional use, such plan must be included with the materials submitted for site plan review. 3) Must comply with the minimum standards as specified in the Iowa City housing code General community service S The proposed use will not significantly alter the overall character of the zone and will not inhibit future development of uses for which the zone is primarily intended. The board will consider such factors as size and scale of the development, projected traffic generation, and whether adequate transportation, transit, and pedestrian facilities exist to support the proposed use. Community service uses that are industrial or repair oriented in nature or that include operations that require outdoor work areas may be particularly suited to these zones. 14-4B-4D- 4 Daycare uses PR 1) Building must contain at least 35 sf of usable interior floor space per child or 60 sf of usable floor area per adult client. An additional 20 sf of floor area is required for every adult client who uses ambulatory aids. Reception areas, kitchens, storage areas, offices, bathrooms, hallways, treatment rooms, and specialized areas used for therapy are excluded when calculating the required floor area. The dining area may only be included in the square footage calculation if used by daycare participants for activities other than meals. When collocated in a facility that houses other uses or services, the proposed daycare use must have its own separate identifiable space for program activities during operational hours. 2) Child daycare uses must provide a fenced outdoor play area of not less than 100 sf per child based on the maximum number of children that will be using the outdoor play area at any given time. The outdoor play area must meet the following standards: a) Playground equipment is not permitted within the front and side setbacks. b) Outdoor play areas must be well drained, free from hazards, and readily accessible to the daycare center. The outdoor play area must be completely enclosed by a fence built to the S4 standard and be screened along the perimeter of the fence to the S3 standard. The city may waive the screening requirement if it is determined that land uses surrounding the daycare use will not pose a nuisance or safety hazard to the children such that a screening buffer is necessary. 3) The use must provide a drop off/pick up area in a location that is convenient to or has good pedestrian access to the entrance to the facility. This drop off/pick up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights of way. (See 14-5A-4, table 5A-2) To promote safe vehicular circulation, one-way drives are encouraged. 4) A sidewalk must be constructed connecting the main entrance of the center to the adjacent public right of way. Pedestrian access must be clearly separated or distinguished from vehicular circulation areas to minimize the extent to which users of the facility are required to walk across drives or aisles to gain access to the daycare center. 14-4B-4D- 7 Detention facilities S Must be located at least: 1) 1,000' from any property containing an existing daycare use, 14-4B-4D- 8 educational facility use, parks and open space use, religious/private group assembly use or residential use; or from any residential zone. 2) The proposed use will be located at least 500' from any other detention facility. 3) The facility and its operations will not pose an unreasonable safety risk to nearby uses and residents. The applicant must submit to the board of adjustment a detailed plan for on site security. Educational facilities General Specialized S The use will be functionally compatible with surrounding uses, such that the health and safety of clients/students are not compromised. The board will consider factors such as the types of businesses that predominate in the immediate vicinity, whether there are any significant negative externalities created by these uses, such as excessive noise, dust, or vibrations from outdoor work areas that may pose a health or safety risk to clients/students of the proposed use; and where such negative externalities exist, whether the building(s) and site can and will be designed to mitigate the harmful effects. 14-4B-4D- 13 Hospitals Parks and open space uses Religious/private group assembly uses1 P Utility-scale ground-mounted solar energy systems S 1) Must be at least 200' from any residential zone. 2) Must be screened from public view and from view of any adjacent residential zones to at least the S3 standard. 3) May not be closer than 20' from all property lines, or according to the minimum setback requirements in the underlying base zone, whichever is greater. 4) Must be enclosed by security fencing between 6' and 8' in height. Up to 3 individual horizontal strands of barbed wire may be placed atop the fence (not to be included in the overall fence height measurement). 5) The maximum height shall be no greater than 15'. 6) Any on-site lighting provided for the operational phase of the utility- scale ground-mounted solar energy system shall be equipped with full cutoff fixtures, shielded away from adjacent properties, and positioned downward to minimize light spillage onto adjacent properties. 7) Exterior surfaces of utility-scale ground-mounted solar energy system panels shall have a nonreflective finish to minimize glare and solar arrays shall be designed and installed to minimize glare towards vehicular traffic and any adjacent building. 8) Must also satisfy the approval criteria for a special exception for a basic utility set forth in Section 14-4B-4D-1b-(2). 14-4B-4D- 18 Other uses: Communication transmission facility uses PR/S 1) Communications antennas are permitted, provided the following conditions are met: a) The antenna must be mounted on another structure allowed in the zone, such as a rooftop, light pole, or utility pole. b) In CI-1 zones, antennas may not be illuminated by strobe lights unless required by federal regulations. If alternatives are allowed under federal guidelines, strobe lights may not be used. c) Any equipment associated with an antenna must be located within the exterior walls of the building to which the antenna is attached or screened from view of the public right of way and any adjacent property to at least the S3 standard. If the equipment is located on the roof, it must be set back and screened so that it is not within public view or appears to be part of the building. 2) Communications towers are allowed by special exception, and must comply with the following approval criteria: a) Must serve an area that cannot be served by an existing tower or industrial property or by locating antennas on existing structures in the area. The applicant must document attempts to utilize existing structures, towers, and industrial properties within 1/2 mile of the proposed tower including maps illustrating the location of existing towers and potential alternative sites for antenna and towers that have been explored and the reasons these locations were not feasible. b) The proposed tower will be constructed in a manner that will camouflage the structure and reduce its visual impact on the surrounding area. Examples of camouflage design include monopoles, which do not have guywires or support trusses and that are painted to blend in with the sky or surroundings, towers camouflaged as flagpoles, monuments, steeples, or the integration of rooftop towers onto existing buildings, water towers, etc. Rooftop towers must use materials similar to or that blend in with the structure to which it is attached. Other camouflaged tower structures must be of similar height and appearance as other similar structures allowed in the zone, e.g., towers camouflaged as light poles or utility poles must be of similar height and appearance as other such poles. The applicant must include an illustration of how the tower would appear in the proposed location. c) The proposed tower will be no taller than is necessary to 14-4B-4E- 5 provide the service intended. Evidence presented should include coverage maps illustrating current gaps in coverage and changes to coverage with the proposed tower. Communications towers are exempt from the maximum height standards of the base zone, but under no circumstance may the tower be taller than 120' from grade. d) The proposed tower will be set back at least a distance equal to the height of the tower from any residential zone, ID-RS zone, and ID- RM zone. e) Any equipment associated with the tower facility will be enclosed in an equipment shed, cabinet, or building, which must be adequately screened from view of the public right of way and any adjacent residential or commercial property. f) The proposed tower will not utilize a backup generator as a principal power source. Backup generators may only be used in the event of a power outage. g) The proposed tower must be designed and constructed to accommodate at least one additional user, unless in doing so the tower will exceed the 120' height limitation or if the board of adjustment determines that allowing the additional height needed to accommodate another user will detract from the area to the extent that it will prevent future development intended in the zone. The applicant shall provide a certification by a professional engineer licensed in this state that the proposed tower will be designed to permit a second antenna system of comparable size to be added to the tower above or immediately below the original antenna system. h) If use of the tower is discontinued, the tower and any associated equipment must be removed by the owner of the tower, the operator, or the owner of the property within one year of discontinuance of use and the land graded and replanted to prevent erosion. The applicant shall present a signed lease agreement, a recorded declaration of covenants, or other satisfactory evidence acknowledging this obligation. From:Pamela To:Raymond Heitner Date:Wednesday, August 18, 2021 7:32:08 PM I am against the rezoning of Slothower Rd. I feel like it will lead to loud traffic and distracting lighting to our neighborhood. Pamela Miller-DeKeyser 1630 Lake Shore Drive Iowa City, IA 52246 Sent from the all new AOL app for Android MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION OCTOBER 7, 2021 – 7:00 PM FORMAL MEETING THE CENTER – ASSEMBLY ROOM MEMBERS PRESENT: Susan Craig, Mike Hensch, Phoebe Martin, Maria Padron, Mark Signs, Billie Townsend MEMBERS ABSENT: Mark Nolte STAFF PRESENT: Ray Heitner, Sara Hektoen, Anne Russett OTHERS PRESENT: RECOMMENDATIONS TO COUNCIL: By a vote of 5-0 (Hensch recused) the Commission recommends approval of the proposed amendment to the Comprehensive Plan on an update to the Fringe Area Policy Agreement between Johnson County and the City of Iowa City. By a vote of 6-0 the Commission recommends setting public hearing for October 21, 2021 on a proposed amendment to change the Comprehensive Plan future land use map to Intensive Commercial and Public/Private Open Space and to change the Southwest District Plan text and future land use map to Intensive Commercial and Vegetative Noise/Sight Buffer for approximately 79 acres of property located south of IWV Road SW and west of Slothower Road. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. COMPREHENSIVE PLAN AND ZONING CODE AMENDMENT ITEMS: CASE NO. CPA21-0003: A public hearing on a proposed amendment to the Comprehensive Plan on an update to the Fringe Area Policy Agreement between Johnson County and the City of Iowa City. Because of his employment with Johnson County, Hensch recused himself from this item. Heitner began the staff report by thanking the Commission for their patience as the City and County have worked together to create an updated fringe area policy agreement. City staff has been working on this for about three years now and a lot of that time was spent doing the analytical groundwork for whether the City's growth area boundary was sufficient to meet Planning and Zoning Commission October 7, 2021 Page 2 of 11 projected demand. So after a lot of collaboration with County planning staff this proposal was mutually agreed upon as being in the best interest for the City and the County. Heitner showed a map of the proposed fringe area, noting the extent of the fringe area currently and the few spots where they are noting the growth area. Regarding background on the fringe area agreements, the existing agreement has been in place since 2006 and is primarily used as policy direction for the City and County for land use development applications such as rezonings, subdivisions and annexations. There is a law within the State Code of Iowa that allows for cities to establish a two mile extra territorial area known as the fringe area beyond city boundaries for the purpose of reviewing and approving subdivisions. The main reason for an update now is there have been amendments to the City and County Comprehensive Plans that have resulted in some land use designations within those plans that doesn't necessarily mesh with the existing agreement. With the proposed agreement, the biggest structural change of the agreement is it's much more process oriented in its direction, rather than land use/geographically focused like the existing agreements. This is important as the City or County will review certain development applications as they come forth within the fringe area and are largely dependent on whether those applications take place within the City's growth area or outside of the growth area. The City and County worked toward this agreement to grant some additional review authority to the City for items that fall within the growth area, while ceding some control to the County for items outside of the growth area. There are a few exceptions to this, which they’ve termed as subareas which have some more specific land use policy direction. The first subarea is located just southwest of Highway 1 and 218 except for a rectangular strip to the west where it's envisioned that there'll be an extension of Highway 965. The rationale for inclusion of this subarea has to do with the existing direction from the County Comprehensive Plan showing commercial and intensive commercial uses in a portion of this subarea and it's been a long- standing policy that commercial uses are directed toward the City so that was one impetus for including this area. In addition, some projected residential growth the City is envisioned to occur to the north of Highway 1 upon provision of sewer infrastructure. Therefore, that made this an appealing area to put into the growth area. Heitner noted with that inclusion into the growth area, development for the area outlined in green on the map (just outside of the subarea, but still in the growth area) will be allowed to conform to future land use within the County's Comprehensive Plan but abide by the City's urban design standards. The second subarea is just south of Highway 218 and Riverside Drive, there's some commercial interest in this area like subarea one so that's one reason for including it in the growth area as well as devoting this subarea policy to it. Also, like subarea one staff views this as a new gateway into the City and also like subarea one development may be allowed with the County's Comprehensive Plan, which identifies commercial growth, but subdivisions will be required to conform to the City's urban design standards. The third subarea is located north of Highway 6 on both sides of Taft Avenue SE. This was included as a possible extension of the City's industrial park if that ever becomes fully occupied. In the interim, it's expected that this land will remain open space or agricultural until annexed by the City. Subarea four is in the northeast side of the City at the intersection area of Herbert Hoover Planning and Zoning Commission October 7, 2021 Page 3 of 11 Highway and I-80. This area is again looked at as another possible prominent gateway into the City for inclusion into the growth boundary. The hatched portion in blue diagonal hashing on the map is what the City and County have agreed upon as appropriate for highway commercial development. Agricultural uses are suggested in the remaining balance of the subarea. Lastly, subarea five is located north of I-80, east of Highway 1 at the Rapid Creek Road NE intersection. This subarea shall remain as open space until annexed by the City. There is a portion on the east side that's already developed. Heitner noted this area had started as a much larger subarea and then through some discussion with the County was shrunk down. It effectively takes the growth boundary to the southern boundary of Rapid Creek Road instead of splitting the existing lot lines like it does now. Heitner explained the urban design standards are effectively the City's subdivision regulations and any subdivision development that takes place within the growth area will have to abide by those urban design standards to ensure that development can be adapted to City infrastructure upon annexation. The urban design standards can contain more specific direction with respect to streets and circulation, layout of blocks, length of streets, stormwater drainage, how utilities are connected and so on. There is a provision within the existing agreement that was carried over to the proposed agreement regarding urban design standard development within the growth area. Generally, the City would require that construction drawings for subdivisions within the growth area must include detail regarding how the sewer treatment systems or common wells can adapt to City infrastructure upon annexation. Regarding major changes, Heitner provided a higher-level overview as the staff memo provided in the agenda packed went into more detail. The existing agreement outlines a few development standards with respect to avoiding wetland and floodplain conflicts, meeting County minimum standards for water and wastewater provision, as well as clustering developments to preserve typically 50% of land as open space. The proposed agreement is a bit more process oriented in terms of how the City or County reviews development applications inside or outside the growth area. With each the City and County's Comprehensive Plans essentially acting as the driving vehicle for review of those applications and staff was comfortable deleting the development standards based on the direction within the City and County Comprehensive Plans incorporating those goals that are emphasized in the existing agreement. Right now the existing agreement has fringe areas A, B and C, they are proposing removal of areas A, B and C and they found there wasn't a great deal of specific land use guidance in those existing areas and there was also a good amount of repetition of policy direction. Staff feels that the City's Comprehensive Plan and County's Comprehensive Plan will accomplish those development goals in a better light. In addition, the specific direction that they're suggesting is to provide for those identified subareas. One new thing to the agreement that the existing agreement doesn't really address are County Future Land Use Map amendments and this is an area where they are recommending a bit more involvement from the City with respect to Future Land Use Map amendments that happen within the growth area in particular. Staff is proposing that those be reviewed by this Commission and City Council with a recommendation to the County when they happen within the growth area and then outside of the growth area City staff would formulate an opinion to the County. Heitner stated there is a specific window with which the County receives Future Land Use Map amendments, it’s about a two-month window over the summer every year. Regarding rezonings this Commission and the Council review rezonings throughout the fringe Planning and Zoning Commission October 7, 2021 Page 4 of 11 area with a recommendation ultimately to the County. With the new proposal they're proposing that is still the practice within the growth area but outside of the growth area there would be no City review on rezonings, just County approval, the City would be informed of any applications just for information purposes. For preliminary plats that involve less than three lots, those are only reviewed and approved by the County right now, this proposal is that the City and County P&Z Commissions and Council and the Board of Supervisors review and approve all the subdivisions within the growth area. The County only would review and approve those outside the growth area. For plats consisting of three lots or more, through the existing agreement the City and County both review those and that would be the same within the growth area under the new proposal. However, outside of the growth area the City would do an administrative review based on a few selected standards within the rural design standards, and then there would also be County review approval. Heitner noted the one thing they wanted to do with this updated agreement is add a bit more clarity to how site plans are reviewed. Right now, they're subject to review by both the City and County, with each jurisdiction’s review procedures. In the proposed agreement for site plans in the growth area, there would be a City administrative review that would be done to a few components of the City's site plan review criteria. For site plans greater than two acres outside of the growth area, those would only be reviewed by the County. The existing agreement keeps that threshold of site plan review at two acres so they thought it made sense to just keep that threshold as well. Heitner reiterated staff conducted a thorough build out analysis to determine if and how much the existing growth boundary needed to be adjusted based on population and employment increases. Using linear population increase estimates, the Johnson County MPO projects about 22,000 new residents and 23,000 new jobs from their master plan from 2017 to 2045. Heitner noted the biggest takeaway from that build out analysis was that if they were to assume a high density build out of available land within the City limits and within the projected growth areas, there would be ample room to accommodate the anticipated new growth in residents and jobs. However, Heitner noted that the high density build out estimate does rely pretty heavily on continued redevelopment of the Riverfront Crossings area. Despite the analysis results, there were a few areas that City staff looked at as making sense for growth area expansion. One is areas that would act as potential future gateways into the City, that have prime highway adjacency and access, potential suitable for commercial or industrial use. Another area for growth is adjacent to planned residential expansion already within the growth area. Heitner stated there are five areas for growth area inclusion. The first expansion area is the general location of Highway 1, just southwest of Highway 218 and this expansion area does include some area north of Highway 1. The Johnson County future land use designation envisioned residential land use, commercial, and intensive commercial in the area. The subarea Heitner spoke about earlier is included in this area, just south of Highway 1, with the intent of following the land use policy from the County's Comprehensive Plan. The area north of Highway 1 would follow the guidance of the City's Comprehensive Plan and one of the primary reasons they are making that distinction is the area just north of there is already within the City's growth area and they suspect that upon sewer provision that area will develop first. They anticipate it might be several years, maybe decades, before that sequential development or annexation process gets south of Highway 1 so in collaborating with the County on this staff is comfortable with allowing that area south of Highway 1 to develop to the County's Comprehensive Plan and development standards. But the City wanted the area north of Highway 1 to develop to the City's Comprehensive Plan. Planning and Zoning Commission October 7, 2021 Page 5 of 11 The second expansion area for that area near Herbert Hoover Highway. This is a suitable area for expansion because of highway adjacency, there being City water and sewer just to the east of this property so it's immediately suitable expansion area. Expansion area three is additional land should it ever be needed for industrial park expansion. Expansion area four is the area at Herbert Hoover Highway and I-80, the County's future land use map indicates these areas appropriate for commercial developments because highway adjacency and continuing the eastward development that is already happening, especially relative to the Taft Avenue corridor which will eventually be developed to the existing growth area boundary. Staff suspects as that area continues to develop there will be more of a focus on potential commercial developments. The last expansion area is that little sliver just south of Rapid Creek Road NE and expanding the growth area to the Rapid Creek Road NE boundary. Heitner noted there is some Comprehensive Plan analysis that is included with this amendment to the fringe area agreement as it is a component of the Comprehensive Plan. First that circumstances have changed and/or additional information or factors have come to light such that the proposed amendment is in the public interest. Heitner noted again that both the City and County Comprehensive Plans have been updated since the existing agreement was enacted in 2006. With the most recent update to the County Comprehensive Plan being in 2018, which then created some policy conflicts. There are some new infrastructure projects that were not accounted for in the 2006 agreements such as improvements to Taft Avenue corridor and that Abbey Lane trunk sewer which will allow for residential development in the southwest district of the City. Second point being that the proposed amendment will be compatible with other policies and/or provisions of the Comprehensive Plan, including any district plans or other amendments thereto. Heitner stated district plans have evolved over the last several years to include more detailed neighborhood design. Staff thinks in some ways this works as favorable for letting the Comprehensive Plan be the guiding policy document for these development applications within the growth area. In addition, there are a couple areas within the growth area, mainly in the southwest district and possibly in the northeast district, where the City would wish to implement form-based zones and standards from the South District. Lastly, staff really wanted to make a concerted effort to only expand the growth areas where necessary, achieving some larger overall goals of the Comprehensive Plan to encourage compact, efficient and contiguous development. Staff is recommending approval of the proposed fringe area policy agreement between Johnson County and the City of Iowa City. Regarding next steps, the County is reviewing this as well, the County Planning and Zoning Commission will consider this agreement at their meeting on October 11 and the Board of Supervisors have set a public hearing to review this agreement on October 14. Staff has received in writing a letter objecting to renew the existing agreement from the County given the progress on the proposed agreements with an expiration of the existing agreement on October 11. Pending this review, staff will request that City Council set a public hearing for November 16. Martin asked how COVID affects the numbers of the MPO build out analysis, such as when it talks about jobs, new residents and whatnot. Right now there is a large availability of jobs so is Planning and Zoning Commission October 7, 2021 Page 6 of 11 that something that they need to take into consideration because obviously things have changed. Heitner acknowledged the build on analysis was finalized pre-COVID and to his knowledge the County doesn't have any revised population projections. Martin agreed it would be hard to have those projections but perhaps there could be something noted in this new agreement that would allow for a revisit. Heitner said there is a review policy, there's language that sets aside a formal review every five years, that can be originated either by the County Board of Supervisors or the City Council. He acknowledged while they did that pretty thorough build out analysis, population changes can be pretty volatile, and he would recommend that analysis is updated fairly regularly, probably not annually, but maybe every five to 10 years. That makes sense because while they feel pretty comfortable with what they're proposing right now, in terms of capacity within the growth area, things can change pretty quickly as with COVID impacts. He noted 10 years ago nobody thought that Bozeman, Montana would be the hottest real estate market in the country, so there's all sorts of external factors that really can inflame population projection and that is why there is a mechanism where the agreement language as a whole can be revisited on a periodic basis. Hekteon added right now it says the agreement will be reviewed every five years. Martin noted early on in staff’s slides they talked about all the things that are considered and they mentioned sewer on the list of things. One thing not on there, it never is, is the environmental impact. Yes there’s language regarding sensitive slopes, but there's more to environment than sensitive slopes. So maybe this is the opportunity as they're dealing with so much climate change to start putting that language in about the effects of what happens and what are the studies that can be put in place as contingencies. It is important to think about how what they're doing is affecting climate change and wildlife and how that is all interconnected. Perhaps this is an appropriate time to start adding verbiage. Signs asked if there is language in the City's climate change policy document already that addresses this. Russett agreed climate action initiatives should be at the forefront of plans and ordinances and the fringe area agreement in general says that the policy direction of the City's Comprehensive Plan should be the guiding policy for the growth area so that's where they really need to have strong environmental policy language. They also need ordinances like the sensitive areas ordinance to ensure that environmental areas are protected. Similarly, the County also has a sensitive areas ordinance. The City does have a climate action plan and there are many action items in there that are related to land use and zoning, things they are working on, one of which is the form-based code. Staff is also looking at something that has been of interest to City Council which is to try to create some metric on the impacts of development on climate and see if that can be measured in some way. Padron noted when they talk about climate change they have to remember that all these organizations that focus and study sustainability, recommend that they need to be careful when they convert agricultural land into development land. One of the main concerns is because there is a food shortage worldwide because of the overpopulation. So when they talk about climate change, they also have to remember the zoning of the fringe area. Martin agreed, those are already sensitive areas, but when she also thinks about sensitive areas when someone out in the county is going to develop a new site, they have to do an archeological survey and it would make sense to have some sort of a wildlife survey or something that measures those effects. If these areas in the fringe areas become residential, commercial, or industrial how will that overtime impact those areas that aren't sensitive areas or sensitive Planning and Zoning Commission October 7, 2021 Page 7 of 11 slopes, but the other environmental impacts. If they will be redeveloping current agricultural land, they need to keep having this conversation. Russett stated if they don't think the current policies are strong enough, or if current ordinances are not strong enough, let's take a look at those. As staff has pointed out, this document is really about process and not about policy. There are some policies within the subareas, but this document is the guiding policy document for those subareas. However, if this Commission is interested in reevaluating other aspects of the plans and ordinances to address some concerns that would be appropriate. Martin asked if she would not consider that idea is a process, and not a policy even though identifying sensitive areas, and City sewer and whatnot are part of the processes. Russett replied this document is at a generally high level and if in the City's growth area development must follow the City's Comprehensive Plan and urban design standards. So if they don't like the direction provided by the Comprehensive Plan, or don't like the urban design standards, or don't think the sensitive areas ordinance is strong enough that needs to be reevaluated. Signs noted a lot of the changes were around putting in the process and taking the policy piece out of this document and referencing the County and City Comprehensive Plans. He noted if this document focuses on process, then they don't have to wait for changes, if the City makes changes in a Plan, they don't have to wait for those to update this. Processes are this and the community decides what they want the policies to be. Craig asked what happens when the fringe area of two cities abut each other, and overlap, do they just like split it down the middle. Russett imagines there'd be more negotiations. Signs recalls North Liberty and Coralville having a battle here recently and it had to go to a State commission who ultimately made the decision. Tiffin and North Liberty also got into litigation. But that is about annexation not fringe area. Hekteon stated if it's an account of municipalities fringe area within the County. The County is negotiating a 28e agreement with Iowa City, presumably, they have one with Coralville and presumably acting in good faith, so they shouldn't enter into an agreement that really shows two fringe areas overlapping. Craig asked specifically in area one, she don't quite understand why it seems like they're saying two things about it, which is they really want to have more control on the north side of the highway there and yet at the same time the commercial area is on the south side and the City doesn’t really want commercial development in the county area so why not include the commercial area in the north section. Russett stated that area is the result of many conversations with County planners. They have interests and the City has interests as well and this is the center balance position that they came to. The City ultimately said that it's okay for the area south of Highway 1 to develop in compliance with the County's Comprehensive Plan if it was included in the growth area and subject to the City’s urban design standards. What that means is anytime there's a subdivision in any part of this area, they need to meet the City’s subdivision standards which are pretty high standards in terms of requirements of infrastructure that would be required of any property owner. Craig noted commercial development has grown, she lived south of town 45 years ago and there were just a couple little things there and now it's gotten bigger. Another question is for a couple of these areas, some language is used, for instance in area five, where it talks about the buffer between the residential and the commercial office, and that the open space is ag land, and that Planning and Zoning Commission October 7, 2021 Page 8 of 11 needs to be kept the way. How can they dictate that it’s kept the way, that is will stay ag land. Townsend said it will be ag land until annexed into the City. Craig questioned if it’s not annexed for 20 years, then the person that owns that piece of property can’t do anything with it except grow stuff. Russett said they could develop under the provisions the current County zoning would allow. The County does have rezoning authority, but the City would have to review it and provide a recommendation and then when it came to subdividing it, they would have to develop to the City’s urban design standards. Townsend asked about the major changes to the development standards and all those things taken out. The existing agreement had emphasis on avoiding wetlands, floodplains and conflicts and that whole list and so then in the proposed amendment they are not concerned about that. Heitner said it’s not that they're not concerned about those things they just feel that most of those things are already covered in the City and County Comprehensive Plans as larger goals within those plans. The clustering development to preserve open space is something that's in the existing agreement but what they would really look to there is more of the higher level of detail and use the district plans for that guidance. Hekteon noted the current agreement had a lot more policy statements but as they have seen recently with the applications over the past two years is the County has gone in a different direction with their zoning and comprehensive plans. So with this agreement they are giving back each governmental body the authority to make their own policy decisions within the framework of review that this agreement is creating. Padron asked regarding reviewing this every five years if they wanted to change that to three years could the Commission do that because five years right now seems like a very long time. Hekteon replied if the Commission wants to recommend that change to the agreement, they can. Okay. Signs asked for an explanation on the difference between the subareas and the expansion areas, what is the difference. Heitner said with the subareas they're talking about a policy focus within those areas, what specific policy interpretations they would have for those areas. The expansion areas are just areas where they're looking to expand the growth area and supplying the rationale for why they're looking to expand those areas. Russett added all those subareas are within the proposed growth areas. For the most part in the growth areas it's the City's Comprehensive Plan that guides development but in a few of those subareas it's the County's Comprehensive Plan. Signs opened the public hearing. Seeing no one, Signs closed the public hearing. Craig moved to recommend approval of the proposed amendment to the Comprehensive Plan on an update to the Fringe Area Policy Agreement between Johnson County and the City of Iowa City. Martin seconded the motion. Signs really likes this concept of separating the policy and the process because the Planning and Zoning Commission October 7, 2021 Page 9 of 11 Comprehensive Plans are updated fairly often. It will be good to use the neighborhood plans that are in the City and County Comprehensive Plans to make those policy decisions. He did find it interesting about the population growth estimates, the emphasis on the word high density, he brings this up because as he understands it those numbers rely on the fact that they're going to have some high-density growth. His observation is this community doesn't have the stomach for a lot of high-density growth and imagines those numbers are probably going to come in at a lesser degree. Padron agrees with the separation of policy and process, especially since it was noted that the two governments were having some disagreements so that would be a good way to fix it. The only thing that she is concerned about is the five-year review and would like to see it a little bit shorter. Craig is concerned while three years would be great, is it doable and practical. Staff spend many years on this. Russett noted three years is not that much time for staff and it would take away staff time on other projects, like district plan updates or other things like that. A vote was taken and the motion passed 5-0 (Hensch recused) CASE NO. CPA21-0002: Location: SW corner of Slothower Road and IWV Road A request to set a public hearing for October 21, 2021 on a proposed amendment to change the Comprehensive Plan future land use map to Intensive Commercial and Public/Private Open Space and to change the Southwest District Plan text and future land use map to Intensive Commercial and Vegetative Noise/Sight Buffer for approximately 79 acres of property located south of IWV Road SW and west of Slothower Road. Hensch rejoined the meeting for this item. Russett noted the motion to approve the Comprehensive Plan Amendment did not pass at the last meeting so the applicant came back with some changes and would like to re-present it to the Commission. Signs moved to set a public hearing for October 21, 2021 on a proposed amendment to change the Comprehensive Plan future land use map to Intensive Commercial and Public/Private Open Space and to change the Southwest District Plan text and future land use map to Intensive Commercial and Vegetative Noise/Sight Buffer for approximately 79 acres of property located south of IWV Road SW and west of Slothower Road. Townsend seconded the motion. A vote was taken and the motion passed 6-0. CONSIDERATION OF MEETING MINUTES: SEPTEMBER 16, 2021: Planning and Zoning Commission October 7, 2021 Page 10 of 11 Townsend moved to approve the meeting minutes of September 16, 2021 with minor edits. Padron seconded the motion. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Russett noted Tuesday night at the City Council meeting they adopted the resolution for the South District Plan update for the form-based code and approved the first reading of the ordinance for the text amendment for the zoning portion. There will be two more readings, but it went well on Tuesday. Craig wondered about the development near Hickory Hill Park, is that going to come back to the Commission. Russett replied yes, it might be on the next agenda, the developer is bringing a new proposal. ADJOURNMENT: Signs moved to adjourn. Townsend seconded. A vote was taken and the motion passed 6-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2021-2022 7/1 7/15 8/5 8/19 9/2 9/16 10/7 CRAIG, SUSAN X X O/E X X X X HENSCH, MIKE X X O/E X X X X MARTIN, PHOEBE X O/E O/E O/E X O X NOLTE, MARK X X X O/E X O/E O PADRON, MARIA X X X X X X X SIGNS, MARK X X X X X X X TOWNSEND, BILLIE X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member