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Home My WebLink About2022-01-18 OrdinanceItem Number: 10.a. CITY OE IOWA CITY www.icgov.org January 18, 2022 Ordinance conditionally rezoning approximately 53.36 acres from County Agricultural (A) to Intensive Commercial (CI -1), approximately 17.03 acres from County Agricultural (A) to Interim Development Commercial (ID -C), and approximately 9 acres from Rural Residential (RR -1) to Intensive Commercial (CI -1) for land located west of the intersection of IWV Road SW and Slothower Road. (Pass & Adopt) ATTACHMENTS: Description Planning and Zoning Commission Rezoning Staff Report Rezoning Exhibit Site Grading and Erosion Control Plan Wetland Delineation Report - Part 1 Wetland Delineation Report - Part 2 Wetland Delineation Report - Part 3 Wetland Delineation Report - Part 4 Rezoning Legal Description CI -1 Zone Permitted Uses Updated Conditions Memo for Planning and Zoning Commission P&Z Minutes 09/16 P&Z Minutes 10/21 Correspondence Ordinance & CZA STAFF REPORT To: Planning and Zoning Commission Prepared by: Ray Heitner, Associate Planner Item: ANN21-0003/REZ21-0006 Date: September 16, 2021 GENERAL INFORMATION: MMS Consultants Applicant: 1917 S. Gilbert St. Iowa City, IA 52240 319-351-8282 I.sexton@mmsconsultants.net Contact Person: Owner: Jon Marner MMS Consultants 1917 S. Gilbert St. Iowa City, IA 52240 319-351-8282 j.marner@mmsconsultants.net 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: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Annexation and rezoning - 70.39 acres; Rezoning within the City limits — 9 acres Farmland, Rural Residential (RR -1) and County Agricultural (A) 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 Commercial' 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 (10-0) 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). 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 N EZONING PARCEL NO. 3 1;COl1NTY'A' TO I D -C } 17.Q3AC araz•E S+Yi ]'13'E vtr.1H ,E "E nim hd Th EtE-un_+ rf TIE ,IER'aw.T WMIEP E, _I:N OM, :Y SES11. �. TNf; .;Sf;F'EK Tl NMITti RE ■NING PARCEL NO. 2 .CCUNTY'A' TO CI -1 } @3.3d AC P�4 POINT OF BEGINNING PARCEL NO. 2 350.17 ;qiv-1 x 5.732E -E 41.4.99' SEC'+ s�aa MTV. sew'.+•w FI 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 Riaht in a CI -1 Zone Use: Exam • les: 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 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 01-1 zone. Table 2 — Provisional Uses in a CI -1 Zone Use: 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 01-1 zone. Table 2 — Provisional Uses in a CI -1 Zone Use: Exam • les: 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 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: 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: Exam • les: 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 1/2 -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 til 0 0.075 0.15 0.3 Miles I 1 1 ANN21-0003, CPA21-0002 & REZ21-0006 IWV and Slothower Rd. CITY OF IOWA CI IN Prepared 1iy; Ijjshua Engclbrcci IY,�R 1'rcp.rr��l 1,1,2U-21 .OTHOWER RD An application submitted by MMS Consultants, on behalf of IWV Holdings, LLC, for the Annexation of 70.4 acres of property located south of 1WV 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 (1D -C) and a comprehensive plan amendment changing the future land use from Public/Private Open Space, and Rural Residential to Intensive Commercial. cezznezeuna MELROSE AVE 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/residential 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 1/4 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 14 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 1/4 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 • St+10••••-•-------, Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 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 SO0°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 SO4°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. � I POINT OF BEGINNING PARCEL NO. 3 0 NORTHWEST CORNER OF SECTION 13—T79N—R7W OF THE FIFTH PRINCIPAL MERIDIAN A o EM z ft FAVS MEM AMMON SOUTHWEST CORNER OF THE NORTH ONE—HALF OF THE NORTHWEST CORNER OF SECTION 13—T79N—R7W OF THE FIFTH PRINCIPAL MERIDIAN 0 ro rr) N 00°08' 52"E N89°06'50"E LOCATION MAP - NOT TO SCALE 9 E SE 11-79-7 .\,.._.:_,.EW,PRESBYIERIANICHIIRi ST. .1ar AN cc3 SW SW 12-79-7P2 SE SW 12-79-7 SW SE 12- 9-7 SE E as - M°�°Se n 9 W S W 7-74 ve f°2?e WAui b� B Melr°se HahAve. Malrn.PA:e, 1,1/1401112 \ k GALWAY SI IB[ REZONING PARCELS mE ALBERT AND FAY'S F I E NE 14-79-7 NW NE I"9-7 \ NE NE 1'5-7 7 -_____ -GALWAY, HILLS SIIBDI �-N eb2',. SW NW 13-79-7 K AUBLE S SUBDIVISION PI SE NE 13.79.7 ID -RS - •' '' SE NW 13-.--, 5W NE 13-79-7 WILD PRAIRIE WELD P4 EWF ETES,• H#V-NrEERS RUN SII: -�_Et _ , - 1 111W=Mil� M. WILC)'PRAIRIE:ESTA,IE' _-COUNTRY 4\w #6\ NORTH LINE OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13-T79N-R7W REZONING PARCEL NO. 3 ro z 0 1- U Lu (i) LL 0 w 0 z w 0 LL J 2 I w 111 0 (COUNTY "A" TO ID -C ) 370.12' S89°03'31 "W LEGEND AND NOTES — CONGRESSIONAL CORNER, FOUND — PROPERTY &/or BOUNDARY LINES — CONGRESSIONAL SECTION LINES — RIGHT—OF—WAY LINES — CENTER LINES — EXISTING COOPERATIVE LIMITS — LOT LINES, PLATTED OR BY DEED — EXISTING EASEMENT LINES, PURPOSE NOTED UNLESS NOTED OTHERWISE, ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS `\/ AD AD 17.03 AC N N (c,ctY Ao r1, N1317'32"W S13°37'32"E N89°06'50"E N00'53'27"W S00'53'27"E 86.39' REZONING EXHIBIT PORTIONS 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 PLAT PREPARED BY: MMS CONSULTANTS INC. 1917 S. GILBERT STREET IOWA CITY, IA 52240 ori 'MAD SW o F46 1471.32' EXISTING COOPERATIVE LIMITS REZONING PARCEL NO. 2 (COUNTY "A" TO CI -1 ) 53.36 AC O 0,6 POINT OF BEGINNING PARCEL NO. 2 S00°06'26"E 3.41' SOUTH LINE OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13-T79N-R7W 1551.41' S89°03'31 "W 0 ro N00°00'59"E S00°00'59"W 414.99' S88°45'34"W S89°06'50"W N89°06'50"E 300.04' 300.00' • O Z J W • UU Q oo (,=,)) V Q Z Z 0 N W KZ MLEIS SUBDTAS N ACCORDANCE MTh TIE PLAT 1 HLREOE RECORDED IN PLAT if,OGK 20 AT PAGE 47 OP TI1E RECORDS OF 1114 JOHNSON GCUN1 R4GORPLR22, OFFICE 300.07 S88'45' 34"W OWNER/APPLICANT: IWV HOLDINGS LLC 2916 HIGHWAY 1 NE IOWA CITY, IOWA 52240 0 20 50 100 150 200 GRAPHIC SCALE IN FEET 1"=200' POINT OF BEGINNING PARCEL NO. 1 NORTH QUARTER CORNER OF SECTION 13—T79N—R7W OF THE FIFTH PRINCIPAL MERIDIAN 13-T79N-R7W z 0 1- � U "co v) Lt) LL 0 ow 0 w N 0 z w w 0 w J I w Z 0 1 LC) Lo •Z low r7 = I w 0 EAST LINE SOUTHEAST CORNER OF THE NORTH ONE—HALF OF THE NORTHWEST CORNER OF SECTION 13—T79N—R7W OF THE FIFTH PRINCIPAL MERIDIAN M M CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net Date Revision 08-24-21 REVISED ZONING BOUNDARIES -JDM REZONING EXHIBIT PORTIONS 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 MMS CONSULTANTS, INC. Date: Designed by: Drawn by: Ghecked by: GDM KJ B 07-07-2021 RLW Project No: IOWA CITY 10355-010 Field Book No: Scale: Sheet No: 1"=200' 1 oF: 1 ST.ANDREW+PRE BV.1ERLl111CHURr U 6 SE 11-79-7 SW SW 12-79-7 SE SW 12-79-7 SW SE 12.-9-7 A2 SE E a9 �0.aa4ve — _ t97ie SWSW 7-7 VJAL11I a Melrose Aver 'hig�w Melr_-Ave '. . IF4fi. aye \\ -ALBERT AND FAV'S FIRST ADDITION PROJECT P,fAM12 GAL\WA\YHRLSSN NE 14-79-7 LOCATION NW - NW NE 13-711-7 NE NE l 1 79 7 GALW AIY HIe LS 5U �� N1i' raa � \ hL KAUBLE S 5UBDNISION Pi 1` 11-NS SE NE 13-794 SW NW 1879.7 SW NW 13-79-7 SE NW -t - SW NE 13-79-7 WILD PFWIRIE WIl➢ F'Rl IRIE�ESTA TES. PRF C:6UNTRY 0.UB.ESTATES SECOND�ADDITION - HUNTERS RIIN SVB WILD PFlAIR�,E5TA1IEt LOCATION MAP NOT TO SCALE 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 \/ 111 / ///- N__ / / / / / / / / / / / / / / / / / / / / / / / N - / / / / / / N / / / / / ` / N / / / / / / / / / / N - / / / N00°53'27"W _ — — ' 86.34' / N \ - - N \ \ -13- \ T T op,-- ,crM E i / j / - - v N 1 I / / / // /I \ N / '11 / - / \ I I / / / // / / - - I / /1 1 / --> \ / / 1 ✓ N - / / vII -, ALBERT' n\� II A \ V I 1 FZ 11 IS F11 ROT /I 11- 1 -nn j�j� / II I / I H'� V 11 JOJ \III._-- / / N 11- - / / \II1------ // 1,„ 11 - 1 1 / 1111 / 1"\II _ / p, \ / II II N / \ 11111 1 111 1 / II / 1j11 / 11„1 11, / 1111/ 1111 N - - 111 - _ _ I / / L__J \ I - _ I \ \ 1111 11 1111 111 11 III 111 II 1 II/ II I / I / I/ I / / / /- / / / / / / / / / / — I / 1 / / I / / / / / / / / / / / / / / / / RAV 120P.4 Si►W / F46 \ \ I 454.63' \ / / \ / / / / // / / / / - SITE GRADING AND EROSION CONTROL PLAN AND SENSITIVE AREAS D4 v v v \ I \ \ 1 5- \ / N PART OF THE NW1/4-NW1/4 AND NE1/4-NW1/4, SEC. 13,T79N,R7W JOHNSON COUNTY, IOWA :///// / // // /I /I/ (//( // // N / / / I / I -�— JJ_-`-� ��J� v v 1 / l / I I 1 1 1_/�I A / / -- -�- -- -- / -- -� - -- -i--r -�\� v / \ \ l\ \ \ / / — - / / / / V / _ -- N89°06'50"E. _ _ _ - _ _ - OF#E = TaI�E _ _ - OH� _ DHE pkCE= 0 O iE ,J- 6 _ SHE _ =i -- / I I / / — - V // // I _/I I / !� / /j \ \ \ I / / `/� J� / / -/ N 1 / / / / - - - I 1 / / / // / / / / / / / / / I / r • / / / / / / / / / / / / / / / / / / / / / / co / / / / / / / / / / / / / / / / / / / / / / / / / 948.13' N N _ N _ _ _ _ - - _ _ - _ - — — _ @H€ — = _ --0-HE = = -_ 01-F - - - _ _ _ �ki� _ = — -OHS _ _ = =C�HE _ \ �� -01--IE _ =C�7�E\c\�\ \ OHE - \ N- / I ----� -- I - --- -- - I --- - -–t - 1316.72' —_ — - - _ - / / - _ v - \ / \ \ — — — — — "N89°06'50"E I / / N / - N 1 1 N N N * ' ' : , / , - , . . . N / / / / / / I , I i 2 : : : --_-1- -- 11 "if— 1-- I: ill - 1-- - 1 I -1- - - . . , ,.. - - I- - - - - - - - - - - — — \ N / / + + + +4+iter • • +- N N / N I N __ -1\,''N -2: N / / III II II II / / / yit 10 III / 3.41' N WEN ROAD Lri 0 kl fr • 0 PREPARED BY: MMS CONSULTANTS INC. 1917 S. GILBERT STREET IOWA CITY, IA 52240 OWNER/APPLICANT: IWV HOLDINGS LLC 2916 HIGHWAY 1 NE IOWA CITY IA 52240 0 10 25 50 75 100 GRAPHIC SCALE IN FEET SENSITIVE AREAS LEGEND STEEP SLOPES (18%-25%) rrrE,// STREAM CORRIDORS WATERCOURSE (NOT REGULATED BY IC) 50' STREAM CORRIDOR BUFFER WOODED WETLANDS (1.13 ACRES) EMERGENT WETLANDS (1.46 ACRES) WETLAND BUFFER (SIZE AS SHOWN) SENSITIVE WOODLAND (2.02 ACRES) 50' WOODLAND BUFFER NOTE: NO PROPOSED IMPACTS TO THE SENSITIVE AREAS LISTED ABOVE GROVE OF TREES (0.34 ACRES) STANDARD LEGEND AND NOTES -EXIST- AV (R) 22-1 -PROP- 41, PROPERTY &/or BOUNDARY LINES CONGRESSIONAL SECTION LINES RIGHT-OF-WAY LINES - EXISTING RIGHT-OF-WAY LINES CENTER LINES EXISTING CENTER LINES LOT LINES, INTERNAL LOT LINES, PLATTED OR BY DEED PROPOSED EASEMENT LINES - EXISTING EASEMENT LINES - BENCHMARK - RECORDED DIMENSIONS - CURVE SEGMENT NUMBER POWER POLE POWER POLE W/DROP POWER POLE W/TRANS — POWER POLE W/LIGHT — GUY POLE - LIGHT POLE - SANITARY MANHOLE - FIRE HYDRANT WATER VALVE DRAINAGE MANHOLE - CURB INLET FENCE LINE EXISTING SANITARY SEWER - PROPOSED SANITARY SEWER EXISTING STORM SEWER PROPOSED STORM SEWER WATER LINES ELECTRICAL LINES TELEPHONE LINES GAS LINES - CONTOUR LINES (2' INTERVAL) APPROXIMATE BASIN AREA (FULL CAPICITY) - PROPOSED GROUND - EXISTING TREE LINE - EXISTING DECIDUOUS TREE & SHRUB - EXISTING EVERGREEN TREES & SHRUBS THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF THIS DOCUMENT. 62.36 AC CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net Date Revision 08-06-21 PER CITY COMMENTS -JDM 08-24-21 REVISED BOUNDARY -JDM SENSITIVE AREAS STREAM CORRIDORS AND WETLANDS PART OF THE N\kil-NWi AND THE NEi-NWi OF SEC. 13, T79N, R7W JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Designed by: Drawn by: JDM TAV Checked by: JDM Project No: 10355-001 07/08/21 Field Book No: FIELDBOOK Sheet No: 1 "=100' 3 al ST. ANDREW+PRESBY,TERWNit HV R. \ s E SE 11-79-7 SW SW 12-79-7 SE SW 12-79-7 SW SE 1275-7 A2 N SE E a9 �0.aa4ve \ ® � t97ie SW SW 7-7 ,.N AM Nb tr ai Ifetrase Ave_ Mel rose Ave— � I F4fi wa \ ALBERT AND FAY'S FIRST ADDITION L.0 P121M12 J` 4 sl GALWAY HILLS SUBC E NE 14-T9-7 NW NW 11_79-7 NE NW 13-79-7 NW NE 11-79-7 C------ NE NE 17-7. 7 \� GALWAY�H`aLLS SUBBDI' H1'• 1a1, she - 1` KAUBLE'S SUBDIVISION x5 PI a I l -RS SE NE 13-79-7 SW NW 18-79.71 E NE 14-70-7 SW NW 13-79-7 SE NW i9 -T9.7— SW NE 13-79-7 I WILD PRAIRIE we I WILD PRI 1 IE -ESTATES. PAF --. --- - -- ..r e.... .. COUNTRY)0.UB.E5T0.TES SECOND;ADDITION,. I ILt NTR1N 1 1�1 I/�. - 1 / J -. HUNTERS RUN SUB VE WILD PRAIRTE,E5TAIIEt LOCATION MAP NOT TO SCALE :///// / // // /I /I/ (//( // // N / / / I / I -�— JJ_-`-� ��J� v v 1 / l / I I 1 1 1_/�I A / / -- -�- -- -- / -- -� - -- -i--r -�\� v / \ \ l\ \ \ / / — - / / / / V / _ -- N89°06'50"E. _ _ _ - _ _ - OF#E = TaI�E _ _ - OH� _ DHE pkCE= 0 O iE ,J- 6 _ SHE _ =i -- / I I / / — - V // // I _/I I / !� / /j \ \ \ I / / `/� J� / / -/ N 1 / / / / - - - I 1 / / / // / / / / / / / / / I / r • / / / / / / / / / / / / / / / / / / / / / / co / / / / / / / / / / / / / / / / / / / / / / / / / 948.13' N N _ N _ _ _ _ - - _ _ - _ - — — _ @H€ — = _ --0-HE = = -_ 01-F - - - _ _ _ �ki� _ = — -OHS _ _ = =C�HE _ \ �� -01--IE _ =C�7�E\c\�\ \ OHE - \ N- / I ----� -- I - --- -- - I --- - -–t - 1316.72' —_ — - - _ - / / - _ v - \ / \ \ — — — — — "N89°06'50"E I / / N / - N 1 1 N N N * ' ' : , / , - , . . . N / / / / / / I , I i 2 : : : --_-1- -- 11 "if— 1-- I: ill - 1-- - 1 I -1- - - . . , ,.. - - I- - - - - - - - - - - — — \ N / / + + + +4+iter • • +- N N / N I N __ -1\,''N -2: N / / III II II II / / / yit 10 III / 3.41' N WEN ROAD Lri 0 kl fr • 0 PREPARED BY: MMS CONSULTANTS INC. 1917 S. GILBERT STREET IOWA CITY, IA 52240 OWNER/APPLICANT: IWV HOLDINGS LLC 2916 HIGHWAY 1 NE IOWA CITY IA 52240 0 10 25 50 75 100 GRAPHIC SCALE IN FEET SENSITIVE AREAS LEGEND STEEP SLOPES (18%-25%) rrrE,// STREAM CORRIDORS WATERCOURSE (NOT REGULATED BY IC) 50' STREAM CORRIDOR BUFFER WOODED WETLANDS (1.13 ACRES) EMERGENT WETLANDS (1.46 ACRES) WETLAND BUFFER (SIZE AS SHOWN) SENSITIVE WOODLAND (2.02 ACRES) 50' WOODLAND BUFFER NOTE: NO PROPOSED IMPACTS TO THE SENSITIVE AREAS LISTED ABOVE GROVE OF TREES (0.34 ACRES) STANDARD LEGEND AND NOTES -EXIST- AV (R) 22-1 -PROP- 41, PROPERTY &/or BOUNDARY LINES CONGRESSIONAL SECTION LINES RIGHT-OF-WAY LINES - EXISTING RIGHT-OF-WAY LINES CENTER LINES EXISTING CENTER LINES LOT LINES, INTERNAL LOT LINES, PLATTED OR BY DEED PROPOSED EASEMENT LINES - EXISTING EASEMENT LINES - BENCHMARK - RECORDED DIMENSIONS - CURVE SEGMENT NUMBER POWER POLE POWER POLE W/DROP POWER POLE W/TRANS — POWER POLE W/LIGHT — GUY POLE - LIGHT POLE - SANITARY MANHOLE - FIRE HYDRANT WATER VALVE DRAINAGE MANHOLE - CURB INLET FENCE LINE EXISTING SANITARY SEWER - PROPOSED SANITARY SEWER EXISTING STORM SEWER PROPOSED STORM SEWER WATER LINES ELECTRICAL LINES TELEPHONE LINES GAS LINES - CONTOUR LINES (2' INTERVAL) APPROXIMATE BASIN AREA (FULL CAPICITY) - PROPOSED GROUND - EXISTING TREE LINE - EXISTING DECIDUOUS TREE & SHRUB - EXISTING EVERGREEN TREES & SHRUBS THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF THIS DOCUMENT. 62.36 AC CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net Date Revision 08-06-21 PER CITY COMMENTS -JDM 08-24-21 REVISED BOUNDARY -JDM SENSITIVE AREAS STREAM CORRIDORS AND WETLANDS PART OF THE N\kil-NWi AND THE NEi-NWi OF SEC. 13, T79N, R7W JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. 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GILBERT STREET IOWA CITY, IA 52240 OWNER/APPLICANT: IWV HOLDINGS LLC 2916 HIGHWAY 1 NE IOWA CITY IA 52240 0 10 25 50 75 100 GRAPHIC SCALE IN FEET SENSITIVE AREAS LEGEND STEEP SLOPES (18%-25%) rrrE,// STREAM CORRIDORS WATERCOURSE (NOT REGULATED BY IC) 50' STREAM CORRIDOR BUFFER WOODED WETLANDS (1.13 ACRES) EMERGENT WETLANDS (1.46 ACRES) WETLAND BUFFER (SIZE AS SHOWN) SENSITIVE WOODLAND (2.02 ACRES) 50' WOODLAND BUFFER NOTE: NO PROPOSED IMPACTS TO THE SENSITIVE AREAS LISTED ABOVE GROVE OF TREES (0.34 ACRES) STANDARD LEGEND AND NOTES -EXIST- AV (R) 22-1 -PROP- PROPERTY &/or BOUNDARY LINES CONGRESSIONAL SECTION LINES RIGHT-OF-WAY LINES - EXISTING RIGHT-OF-WAY LINES CENTER LINES EXISTING CENTER LINES LOT LINES, INTERNAL LOT LINES, PLATTED OR BY DEED PROPOSED EASEMENT LINES - EXISTING EASEMENT LINES - BENCHMARK - RECORDED DIMENSIONS - CURVE SEGMENT NUMBER POWER POLE POWER POLE W/DROP POWER POLE w/TRANS - POWER POLE W/LIGHT - GUY POLE - LIGHT POLE - SANITARY MANHOLE FIRE HYDRANT WATER VALVE DRAINAGE MANHOLE CURB INLET FENCE LINE EXISTING SANITARY SEWER PROPOSED SANITARY SEWER EXISTING STORM SEWER PROPOSED STORM SEWER WATER LINES ELECTRICAL LINES TELEPHONE LINES GAS LINES CONTOUR LINES (2' INTERVAL) APPROXIMATE BASIN AREA (FULL CAPICITY) - PROPOSED GROUND - EXISTING TREE LINE - EXISTING DECIDUOUS TREE & SHRUB - EXISTING EVERGREEN TREES & SHRUBS THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF THIS DOCUMENT. 62.36 AC CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 Date Revision 08-06-21 PER CITY COMMENTS -JDM 08-24-21 REVISED BOUNDARY -JDM SENSITIVE AREAS WOODLANDS AND GROVES, SLOPES PART OF THE N\kil-NWi AND THE NEi-NWi OF SEC. 13, T79N, R7W JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. 07/08/21 Designed by: JDM Field Book No: FIELDBOOK Drawn by: TAV Checked by: JDM Project No: 10355-001 Sheet No: 4 al STEPAN HV Rr \ ESE 11-79-7 SW SW 12-79-7_ SE SW 12-79-7 SW SE 12.79-7 f4 2 SE E‘2. Afe r0.as ` � SW SW 7-7 4Ve t97iaryb WAIN a Metro. Ave_ 'h'4"4 Mel rose Ave— I, -"1I F4fi mim, I waG y� \\ ALBERT AND FAY'S FIRST ADDITION P151812 AY HILLS SUBS \\ `: ENE 14-T9-7 NW NW 1'3-79-7 NE NW 13-79-7 NW NE 11-79-7 1—� NE NE 17-7. 7 . GALWAY HILLSaSUBDI N4. 1a1, _ she - 1` KAUBLE'S SUBDIVISION x5 a 15-95 SE NE 13-79-7 SW NW 18-79.91 E NE 14-70-7 SW NW 13-79-7 SE NW 19-719.7— SW NE 13-79-7 I WILD PRAIRIE We I WI PRAIRIE:ESTATES. 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N N / I N\ / I I N I 1 1 \ \\\ \ \ \ / I \ V I A / I II I / / / / / / // / / / / / / / / / / / / / / / '7 7/ / / // ' -- - / / N N \ / N N / / N N N N - i -- ----_ - - -N89°06'50"E I _ ski E _ = - - OH- z _ _ =0Hf \ � OH E 1316.72' I / i J / 1 \ / / /I "1/ 1/ / /// / / // // / / , ////1 / / / / I I / / / 1I/111 / I I1III I I JII,I I I / 1__ - I -/�1 - I I / J I / I / / I I I \ _ _ _ _ - - / / 1 I I 111111 / / 1I I I / - / 1 /N \ \ l\ - / / / 11/ / I I ,/ / // / / ) / sez / _IN / / / / / / N N OHE -77 N /--OHE _ 7-7 1/ N 10 I LL / N N N / - N N N - - - / N N / v 7 / / S88•45' 34"W N / zjj N / ▪ N N N N SOO*06'26"E NN XAUBLep I HI .2, WEN ROAD 0 11 fr • 0 PREPARED BY: MMS CONSULTANTS INC. 1917 S. GILBERT STREET IOWA CITY, IA 52240 OWNER/APPLICANT: IWV HOLDINGS LLC 2916 HIGHWAY 1 NE IOWA CITY IA 52240 0 10 25 50 75 100 GRAPHIC SCALE IN FEET SENSITIVE AREAS LEGEND STEEP SLOPES (18%-25%) rrrE,// STREAM CORRIDORS WATERCOURSE (NOT REGULATED BY IC) 50' STREAM CORRIDOR BUFFER WOODED WETLANDS (1.13 ACRES) EMERGENT WETLANDS (1.46 ACRES) WETLAND BUFFER (SIZE AS SHOWN) SENSITIVE WOODLAND (2.02 ACRES) 50' WOODLAND BUFFER NOTE: NO PROPOSED IMPACTS TO THE SENSITIVE AREAS LISTED ABOVE GROVE OF TREES (0.34 ACRES) STANDARD LEGEND AND NOTES -EXIST- AV (R) 22-1 -PROP- PROPERTY &/or BOUNDARY LINES CONGRESSIONAL SECTION LINES RIGHT-OF-WAY LINES - EXISTING RIGHT-OF-WAY LINES CENTER LINES EXISTING CENTER LINES LOT LINES, INTERNAL LOT LINES, PLATTED OR BY DEED PROPOSED EASEMENT LINES - EXISTING EASEMENT LINES - BENCHMARK - RECORDED DIMENSIONS - CURVE SEGMENT NUMBER POWER POLE POWER POLE W/DROP POWER POLE w/TRANS - POWER POLE W/LIGHT - GUY POLE - LIGHT POLE - SANITARY MANHOLE FIRE HYDRANT WATER VALVE DRAINAGE MANHOLE CURB INLET FENCE LINE EXISTING SANITARY SEWER PROPOSED SANITARY SEWER EXISTING STORM SEWER PROPOSED STORM SEWER WATER LINES ELECTRICAL LINES TELEPHONE LINES GAS LINES CONTOUR LINES (2' INTERVAL) APPROXIMATE BASIN AREA (FULL CAPICITY) - PROPOSED GROUND - EXISTING TREE LINE - EXISTING DECIDUOUS TREE & SHRUB - EXISTING EVERGREEN TREES & SHRUBS THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF THIS DOCUMENT. 62.36 AC CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOWA CITY, IOWA 52240 (319) 351-8282 Date Revision 08-06-21 PER CITY COMMENTS -JDM 08-24-21 REVISED BOUNDARY -JDM SENSITIVE AREAS WOODLANDS AND GROVES, SLOPES PART OF THE N\kil-NWi AND THE NEi-NWi OF SEC. 13, T79N, R7W JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. 07/08/21 Designed by: JDM Field Book No: FIELDBOOK Drawn by: TAV Checked by: JDM Project No: 10355-001 Sheet No: 4 M M IWV HOLDINGS Prepared For: IWV Holdings US Army Corps of Engineers Prepared By: Lee Swank 1.swank@mmsconsultants.net MMS Project No. 10355-010 08/25/2021 NW1/4, NW1/4, & NE1/4, NW1/4, SEC.13-T79N-RW7W JOHNSON COUNTY, IOWA "WATERS of the U.S." DELINEATION REPORT & PERMIT APPLICATION MMS Consultants, Inc. Experts in Planning and Development Since 1975 1917 S Gilbert Street Iowa City, Iowa 52240 319.351.8282 mmsconsultants.net m m s@m m sco nsu lta n ts.net Civil Engineers Land Surveyors Land Planners Landscape Architects Environmental Specialists IWV HOLDINGS JOHNSON COUNTY, IOWA WETLAND DELINEATION REPORT SUMMARY MMS CONSULTANTS INC. PROJECT # 10355-010 AUGUST 5TH, 2021 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 1 1th 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 Table 1: Hydric Soils MMS CONSULTANTS INC. PROJECT # 10355-010 AUGUST 5TH, 2021 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 1.11 76B Ladoga silt loam, 2-5% slopes 0 1.23 76C2 Ladoga silt loam, 5-9% slopes 5 Mar 76D2 Ladoga silt loam, 9-14% slopes 0 2.62 80B Clinton silt loam, 2-5% slopes 0 3.7 80C2 Clinton silt loam, 5-9% slopes 5 May 80D2 Clinton silt loam, 9-14% slopes 0 4.99 M163E2 Fayette silt loam, 14-18% slopes, eroded 0 5.14 M163E3 Fayette silt clay loam, 14-18% slopes, severely eroded 0 TOTAL 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 Summa • 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 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. Appendix SITE LOCATION & VICINITY MAP USGS TOPOGRAPHIC MAP USDA NRCS WEBSOIL SURVEY (HYDRIC SOILS MAP) NATIONAL WETLAND INVENTORY MAP FLOODPLAIN MAP Approximate Project Location HARDINTWP C7OMICCJ VICINITY MAP Kansas L•1 SW C IWV Rd SWIF46 -571 x ,_,_,/ .UNION nr P U Flrrls1 �3l01110wer San r?. V, ad Park 4- o c Phnenix Dr O�33.3 •• P1 ? EI Paso DI "sct 7acson nl L hl °O eG ass, ukcon 10 Weber - EIernentary V LOCATION MAP Designed by: LRS Scale: not to scale SITE LOCATION & VICINITY MAPS MMS CONSULTANTS, INC. ,,,„� , NORT ■ If1 IRA gm Drawn by: LRS Date: 08/04/2021 NW114, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7W IWV RD SW IOWA CITY, JOHNSON COUNTY, IOWA Map Source: Iowa Geographic Map Server https://isugisf.maps.arcgis.com IOWA CITY, IOWA 52240 (319) 351-8282 Checked by: LRS Project No:: IC 10355-010 www.mmsconsultants.net 1W Approximate Study Location Designed by: LRS Scale: not to scale USGS 24K TOPOGRAPHIC MAP MMS CONSULTANTS, INC. ion Drawn by: LRS Date: 08/04/2021 NW114, NW114, & NE114, NW114, Sec.13-T79N-R7WIOWA IWV RD SW IOWA CITY, JOHNSON COUNTY, IOWA Map Source: USGS https://viewer.nationalmap.gov CITY, IOWA 52240 (319) 351-8282 -- ' NORT Checked by: LRS Project No:: IC 10355-010 www.mmsconsultants.net 41° 39'29" N 41° 39'9"N 615000 615100 615200 Hydric Rating by Map Unit—Johnson County, Iowa 615300 615400 615500 615600 615700 615800 615900 76€2 80132 N 91° 3710"W x000 Gawp TiffIavg nod bQ e,5 -0o 7 as f E �a0�o 615000 615100 615200 Map Scale: 1:4,510 if printed on A landscape (11" x 8.5") sheet. 615300 N 0 50 100 200 Meters 300 Feet 0 200 400 800 1200 Map projection: Web Mercator Corner coordinates: WG584 Edge tics: UTM Zone 15N WG584 615403 USDA Natural Resources rora Conservation Service 615500 Web Soil Survey National Cooperative Soil Survey 615600 615700 615800 615900 5/10/2021 Page 1 of 5 41° 39'29" N 41° 39'9"N Hydric Rating by Map Unit—Johnson County, Iowa MAP LEGEND Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons - Hydric (100%) 0 Hydric (66 to 99%) 0 Hydric (33 to 65%) 0 Hydric (1 to 32%) - Not Hydric (0%) 0 Not rated or not available Soil Rating Lines rwr Hydric (100%) ,.wr Hydric (66 to 99%) r r Hydric (33 to 65%) r r Hydric (1 to 32%) ^00 Not Hydric (0%) r r Not rated or not available Soil Rating Points • Hydric (100%) • Hydric (66 to 99%) O Hydric (33 to 65%) O Hydric (1 to 32%) e Not Hydric (0%) o Not rated or not available Water Features Streams and Canals Transportation 1-,-r Rails ~ I Interstate Highways peal US Routes Major Roads Local Roads Background Aerial Photography MAP INFORMATION 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. USDA Natural Resources rora Conservation Service Web Soil Survey National Cooperative Soil Survey 5/10/2021 Page 2 of 5 Hydric Rating by Map Unit—Johnson County, Iowa Hydric Rating by Map Unit USDA Natural Resources Web Soil Survey 5/10/2021 Conservation Service National Cooperative Soil Survey Page 3 of 5 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% USDA Natural Resources Web Soil Survey 5/10/2021 Conservation Service National Cooperative Soil Survey Page 3 of 5 suougniarx U.S. Fish and Wildlife Service National Wetlands Inventor 10355-010 May 10, 2021 Wetlands 0 Estuarine and Marine Deepwater i Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Il Lake Other Riverine 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 Wetlands Inventory (NWI) This page was produced by the NWI mapper National Flood Hazard Layer FIRMette 91°379"W 41°39'32"N FEMA 0 250 500 Feet 1,000 1,500 2,000 Basemap: USGS National Map: Orthoimagery: Data refreshed October, 2020 1:6,000 91°36'31"W 41°39'5"N Legend 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 Depth Zone AE, AO, AH, VE, AR Regulatory Floodway OTHER AREAS OF FLOOD HAZARD OTHER AREAS GENERAL STRUCTURES OTHER FEATURES MAP PANELS Q 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 mile zone x Future Conditions 1% Annual Chance Flood Hazard zone 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 zonex Effective LOMRs Area of Undetermined Flood Hazard Zone D - -- - - Channel, Culvert, or Storm Sewer 1 1 1 1 1 1 1 Levee, Dike, or Floodwall 20.2 Cross Sections with 1% Annual Chance t� s Water Surface Elevation a — — — Coastal Transect ^-^^-513...^ Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary Coastal Transect Baseline Profile Baseline Hydrographic Feature Digital Data Available No Digital Data Available Unmapped The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative property location. 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. Appendix B 2020 & 2019 AERIAL IMAGE 2017 & 2016 AERIAL IMAGES 2015 & 2014 AERIAL IMAGES PHOTOS 1-3 PHOTOS 4 - 6 PHOTOS 7 - 9 PHOTOS 10 - 12 PHOTOS 13 - 15 PHOTOS 16 - 18 2020 ■ 2019 Designed by: LRS Scale: not to scale 2020 & 2019 AERIAL IMAGE MMS CONSULTANTS, INC. Nig m ,'.. /- NORT Drawn by: LRS Date: 08/04/2021 NW114, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7W IWV RD SW IOWA CITY, JOHNSON COUNTY, IOWA Map Source: Iowa Geographic Map Server https://isugisf.maps.arcgis.com IOWA CITY, IOWA 52240 (319) 351-8282 Checked by: LRS Project No:: IC 10355-010 www.mmsconsultants.net • 2017 Designed by: LRS Scale: not to scale Drawn by: LRS Date: 08/04/2021 Checked by: LRS Project No:: IC 10355-010 2016 2017 & 2016 AERIAL IMAGE NW114, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7W IWV RD SW IOWA CITY, JOHNSON COUNTY, IOWA Map Source: Iowa Geographic Map Server https://isugisf.maps.arcgis.com MMS CONSULTANTS, INC. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net M M 2015 2014 Designed by: LRS Scale: not to scale 2015 & 2014 AERIAL IMAGE MMS CONSULTANTS, INC. Nig m „ .. /— NORT Drawn by: LRS Date: 08/04/2021 NW114, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7W IWV RD SW IOWA CITY, JOHNSON COUNTY, IOWA Map Source: Iowa Geographic Map Server https://isugisf.maps.arcgis.com IOWA CITY, IOWA 52240 (319) 351-8282 Checked by: LRS Project No:: IC 10355-010 www.mmsconsultants.net • Designed by: LRS Scale: not to scale Drawn by: LRS Date: 08/04/2021 Checked by: LRS Project No:: IC 10355-010 PHOTO LOCATION MAP (LOCATIONS ARE APPROXIMATE) NW114, NW1/4, & NE1/4, NW1/4, Sec.13-T79N-R7W IWV RD SW IOWA CITY, JOHNSON COUNTY, IOWA Map Source: Iowa Geographic Map Server https://isugisf.maps.arcgis.com MMS CONSULTANTS, INC. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net I M Photo 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. Designed by: LRS Scale: not to scale Drawn by: LRS Date: 08/04/2021 Checked by: LRS Project No:: IC 10355-010 PHOTOS 1-3 NW114, NW114, & NE1/4, NW114, Sec.13-T79N-R7W IWV RD SW IOWA CITY, JOHNSON COUNTY, IOWA Photo source: MMS Consultants Inc. 2020 MMS CONSULTANTS, INC. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net M M Photo 4 (left): Standing within Emergent Wetland A, looking south. ki Photo 5 (right): Looking east across Emergent Wetland A. Photo 6 (left): Looking at start of Intermittent Stream 1, within Wetland A. Designed by: LRS Scale: not to scale PHOTOS 4 - 6 MMS CONSULTANTS, INC. ■ ■ if ENE Drawn by: LRS Date: 08/04/2021 NW114, NW114, & NE1/4, NW114, Sec.13-T79N-R7W IWV RD SW IOWA CITY, JOHNSON COUNTY, IOWA Photo source: MMS Consultants Inc. 2020 IOWA CITY, IOWA 52240 (319) 351-8282 Checked by: LRS Project No:: IC 10355-010 www.mmsconsultants.net /4 Photo 7 (left): Looking at Intermittent Stream 1. Photo 8 (right): Looking at north section of Emergent Wetland A within drainageway of Ag field. Designed by: LRS Scale: not to scale Drawn by: LRS Date: 08/04/2021 Checked by: LRS Project No:: IC 10355-010 PHOTOS 7-9 NW114, NW114, & NE1/4, NW114, Sec.13-T79N-R7W IWV RD SW IOWA CITY, JOHNSON COUNTY, IOWA Photo source: MMS Consultants Inc. 2020 Photo 9 (left): Looking at standing water within above (photo 8) pictured section of wetland. MMS CONSULTANTS, INC. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net M M s Photo 10 (left): Looking at boundary of Wooded Wetland A. Photo 11 (right): Looking at Intermittent Stream 2 within Wetland B. Photo 12 (left): Looking at sample point 5 within Emergent Wetland B. Designed by: LRS Scale: not to scale Drawn by: LRS Date: 08/04/2021 Checked by: LRS Project No:: IC 10355-010 PHOTOS 10 -12 NW114, NW114, & NE1/4, NW114, Sec.13-T79N-R7W IWV RD SW IOWA CITY, JOHNSON COUNTY, IOWA Photo source: MMS Consultants Inc. 2020 MMS CONSULTANTS, INC. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net M M Photo 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. Designed by: Scale: LRS not to scale Drawn by: LRS Date: 08/04/2021 Checked by: LRS Project No:: IC 10355-010 PHOTOS 13-15 NW114, NW114, & NE1/4, NW114, Sec.13-T79N-R7W IWV RD SW IOWA CITY, JOHNSON COUNTY, IOWA Photo source: MMS Consultants Inc. 2020 MMS CONSULTANTS, INC. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net M M Photo 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. Designed by: LRS Scale: not to scale Drawn by: LRS Date: 08/04/2021 Checked by: LRS Project No:: IC 10355-010 PHOTOS 16 -18 NW114, NW114, & NE1/4, NW114, Sec.13-T79N-R7W IWV RD SW IOWA CITY, JOHNSON COUNTY, IOWA Photo source: MMS Consultants Inc. 2020 MMS CONSULTANTS, INC. IOWA CITY, IOWA 52240 (319) 351-8282 www.mmsconsultants.net M M Appendix C • WETLAND DELINEATION MAP • SITE PLAN • DATA FORMS ST.ANDREW+PRESBV.1ERLS111 HUR' U 6 SE 11-79-7 SW SW 12-79-7 SE SW 12-79-7 SW SE 12.-9-7 A2 SE E a9 �0.aa4ve — _ t97ie SWSW 7-7 VJALIIl a Melrose Aver 'hig�w Melr_-Ave '. . IF4fi. aye \\ -ALBERT AND FAV'S FIRST ADDITION PROJECT P,fAM12 GAL\WA\YHRLSSN NE 14-79-7 LOCATION NW - NW NE 13-79-7 NE NE I79 7 GALW AIY HIe LS 5U �� N1i' raa� \ hL BAUBLE'S SUBDIVISION Pi 1` U-RS SE NE 13-794 SW NW 1B79.7 SW NW 13-79-7 SE NW -t - SW NE 13-79-7 WILD PFWIRIE WIl➢ F'Rl IRIE�ESTA TES. PRF C:6UNTRY 0.UB.ESTATES SECOND�ADDITION - HUNTERS RIIN SVB WILD PFlAIR�,E5TAREt LOCATION MAP NOT TO SCALE 72 T =- - 6rrw�l«: •WOODED WETLAND B (0.75 ACRES) (0.50 ACRES) /- — —�� l/V7 �jA/,, / WOODED WETLAND A. "7-7771- •EMERGENT WETLAND B (0.37 ACRES) x//66 -EMERGENT WETLAND A (0.95 ACRES) INTERMITTENT STREAM 1 (232 LF) r 2 .......... O SP2 INTERMITTENT STREAM (1,752 LF) WOODED WETLAND (1.12 ACRES) WETLAND SAMPLE POINT EMERGENT WETLAND 1.45 ACRES 0 30 75 150 225 300 GRAPHIC SCALE IN FEET 1"=300' Field Book No:FIELDBOOK 0 EEO MMS CONSULTANTS, INC. Nc0 Q M 0 €7)- (7) 0 www.mmsconsultants.net 0 O M WETLAND DETERMINATION DATA FORM- Midwest Region Project/Site: IWV ROAD SW Applicant/Owner: CKR Construction Services LLC City/County: Iowa City Sampling Date: 5/11/2021 Investigator(s): Lee Swank State: Iowa Sampling Point: SP1 Section, Township, Range: NE1/4, NWI/4, SEC13-T79N-R7W Landform (hillslope, terrace, etc.): Toeslope Local Relief (Concave, Convex, None): concave Slope (%): 0-5% Lat: 41.653802 Long: -91.61294 Datum: Decimal Degree Soil Map Unit Name: 11B Colo -Ely Complex NWI Classification: none (adjacent mapped riverine) Are Climatic/ Hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X 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? Hydric Soil Present? Wetland Hydrology Present? Yes X No Is the Sampled Area within a wetland? Yes X No Yes X No Yes X No 4. Remarks: Percent of Dominant Species That Are OBL, FACW, or FAC: 67% (AB) 50%= 10 20%= 4 VEGETATION - Use scientific name of plants. Tree Stratum (Plot Size: 30ft radius ) Absolute % Cover 5 Dominant Indicator Species? Status Yes FACW Dominance Test Worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 2 (A) 1. Fraxinus pennsylvanica Green Ash 2. Salix nigra Black Willow 15 Yes OBL Total Number of Dominant Species Across all Strata: 3 (B) 3. 4. 5. Percent of Dominant Species That Are OBL, FACW, or FAC: 67% (AB) 50%= 10 20%= 4 20 = Total Cover Sapling/Shrub Stratum (Plot Size: 15ft radius ) Prevalence Index Worksheet: Total % Cover of: Multiply By: OBL Species 0 x 1 = 0 1. 2. 3. FACW Species 105 x 2 = 210 4. FAC Species 0 x 3 = 0 5. FACU Species 0 x 4 = 0 50%= 0 20%= 0 0 =Total Cover Yes FACW UPL Species 0 x 5= 0 Herbaceous Stratum (Plot Size: 5ft radius ) 95 Column Totals: 105 (A) 210 (B) Prevalence Index = B/A = 2.00 1. phalaris arundinacea Reed Canarygrass 2. Urtica dioica Stinging Nettle 5 No FACW 3. Hydrophytic Vegetation Index: 1 - Rapid Test for Hydrophtic Vegetation 4. 5. _ X 2 - Dominance Test is >50% 6. X 3 - Pevalence Index is <3.01 7. 4 -Morphological Adaptations 1 (Provide supporting 8. data in Remarks or on a separate sheet Problematic Hydrophytic vegetation1 (Explain) 9. 10. 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problemtic 50%= 50 20%= 20 100 =Total Cover Woody Vine Stratum (Plot Size: 30ft radius ) Hydrophytic Yes X No Vegetation 1 2. Present? 50%= 0 20%= 0 0 =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region SOIL Sampling Point: SP1 Profile Description: (Describe to the depth needed to document the indicator or confirm the Depth Matrix Redox Features absence of indicators.) Texture Remarks (inches) Color (Moist) % Color (Moist) % Type' Loc2 0-3 10YR 3/1 100 Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: SiLo 3-11 10YR 4/1 55 7.5YR 4/6 20 C M/PL SiLo 10YR 5/2 25 D M 11-32 10YR 5/1 60 7.5YR 4/6 25 C M SiLo 10YR 6/2 15 D M 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: - Histosol (Al) _ Histic Epipedon (A2) _ Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) 2 cm Muck (A10) X Depleted Below Dark Surface (A11) _ Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) 5 cm Mucky Peat or Peat (S3) - Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) _ Loamy Mucky Mineral (F1) _ Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) Indicators for Problematic Hydric Soils3: - Coast Prairie Redox (A16) — Dark Surface (S7) — Iron -Manganese Masses (F12) _ Very Shallow Dark Surface (TF 12) _ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) - Surface Water (Al) - Water -Stained Leaves (B9) - Soil Surface Cracks (B6) _ High Water Table (A2) _ Aquatic Fauna (B13) _ Drainage Patterns (B10) X Saturation (A3) _ True Aquatic Plants (B14) _ Dry -Season Water Table (C2) _ Water Marks (B1) _ Hydrogen Sulfide Odor (Cl) _ Crayfish Burrows (C8) _ Sediment Deposits (B2) _ Oxidized Rhizospheres on Living Roots (C3) _ Saturation Visible on Aerial Imagery (C9) _ Drift Deposits (B3) _ Presence of Reduced Iron (C4) _ Stunted or Stressed Plants (D1) _ Algal Mat or Crust (B4) _ Recent Iron Reduction in Tilled Soils (C6) X Geomorphic Position (D2) _ Iron Deposits (B5) _ Thin Muck Surface (C7) X FAC -Neutral Test (D5) _ Inundation Visible on Aerial Imagery (B7) _ Gauge or Well Data (D9) _ Sparsely Vegetated Concave Surface (B8) _ Other (Explain in Remarks) Field Observations: Surface Water Present? Yes No X Depth (Inches): Water Table Present? Yes X No Depth (Inches): 23" Saturation Present? Yes X No Depth (Inches): 11" Wetland hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: Remarks: US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region Project/Site: IWV ROAD SW Applicant/Owner: CKR Construction Services LLC City/County: Iowa City Sampling Date: 5/11/2021 Investigator(s): Lee Swank State: Iowa Sampling Point: SP2 Section, Township, Range: NE1/4, NWI/4, SEC13-T79N-R7W Landform (hillslope, terrace, etc.): FootSlope Local Relief (Concave, Convex, None): none Slope (%): 0-5% Lat: 41.653951 Long: -91.612911 Datum: Decimal Degree Soil Map Unit Name: 11B Colo -Ely Complex NWI Classification: None Are Climatic/ Hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X 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? Hydric Soil Present? Wetland Hydrology Present? Yes X No Status Is the Sampled Area within a wetland? Yes No X Yes No X Yes No X 4. Remarks: 5. VEGETATION - Use scientific name of plants. Tree Stratum (Plot Size: 30ft radius ) Absolute % Cover Dominant Indicator Species? Status Dominance Test Worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 1 (A) 1. 2. Total Number of Dominant Species Across all Strata: 1 (B) 3. 4. 5. Percent of Dominant Species That Are OBL, FACW, or FAC: 100% (AB) 50%= 0 20%= 0 0 = Total Cover Sapling/Shrub Stratum (Plot Size: 15ft radius ) Prevalence Index Worksheet: Total % Cover of: Multiply By: OBL Species 0 x 1 = 0 1. 2. 3. FACW Species 85 x 2 = 170 4. FAC Species 15 x 3 = 45 5. FACU Species 0 x 4 = 0 50%= 0 20%= 0 0 =Total Cover Yes FACW UPL Species 10 x 5 = 50 Herbaceous Stratum (Plot Size: 5ft radius ) 75 Column Totals: 110 (A) 265 (B) Prevalence Index = B/A = 2.41 1. Phalaris arundinacea Reed Canarygrass 2. Urtica dioica Stinging Nettle 10 No FACW 3. Arctium lappa Burdock 10 No UPL Hydrophytic Vegetation Index: 1 - Rapid Test for Hydrophtic Vegetation 4. Alliaria petiolata Garlic Mustard 15 No FAC 5. _ X 2 - Dominance Test is >50% 6. X 3 - Pevalence Index is <3.01 7. 4 -Morphological Adaptations 1 (Provide supporting 8. data in Remarks or on a separate sheet Problematic Hydrophytic vegetation) (Explain) 9. 10. 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problemtic 50%= 55 20%= 22 110 =Total Cover Woody Vine Stratum (Plot Size: 30ft radius ) Hydrophytic Yes X No Vegetation 1 2. Present? 50%= 0 20%= 0 0 =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region SOIL Sampling Point: SP2 Profile Description: (Describe to the depth needed to document the indicator or confirm the Depth Matrix Redox Features absence of indicators.) Texture Remarks (inches) Color (Moist) % Color (Moist) % TypeLoc2 0-3 10YR 3/1 90 10YR 5/3 10 D M Silo 3-16 10YR 3/1 83 7.5YR 4/6 2 C M Silo 10YR 5/3 15 D M 16-30 10YR 4/2 75 7.5YR 3/4 15 C M SiCILo 10YR 5/2 10 D M 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: - Histosol (Al) _ Histic Epipedon (A2) _ Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) _ 2 cm Muck (A10) - Depleted Below Dark Surface (A11) _ Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) 5 cm Mucky Peat or Peat (S3) - Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) _ Loamy Mucky Mineral (F1) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) - Redox Dark Surface (F6) — Depleted Dark Surface (F7) — Redox Depressions (F8) Indicators for Problematic Hydric Soils3: - Coast Prairie Redox (A16) — Dark Surface (S7) — Iron -Manganese Masses (F12) _ Very Shallow Dark Surface (TF 12) _ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: sample not taken within a depression - does not meet indicator F8 HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) - Surface Water (Al) - Water -Stained Leaves (B9) - Soil Surface Cracks (B6) _ High Water Table (A2) _ Aquatic Fauna (B13) _ Drainage Patterns (B10) _ Saturation (A3) _ True Aquatic Plants (B14) _ Dry -Season Water Table (C2) _ Water Marks (B1) _ Hydrogen Sulfide Odor (Cl) _ Crayfish Burrows (C8) _ Sediment Deposits (B2) _ Oxidized Rhizospheres on Living Roots (C3) _ Saturation Visible on Aerial Imagery (C9) _ Drift Deposits (B3) _ Presence of Reduced Iron (C4) _ Stunted or Stressed Plants (D1) _ Algal Mat or Crust (B4) _ Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2) _ Iron Deposits (B5) _ Thin Muck Surface (C7) X FAC -Neutral Test (D5) _ Inundation Visible on Aerial Imagery (B7) _ Gauge or Well Data (D9) _ Sparsely Vegetated Concave Surface (B8) _ Other (Explain in Remarks) Field Observations: Surface Water Present? Yes No X Depth (Inches): Water Table Present? Yes No X Depth (Inches): Saturation Present? Yes No X Depth (Inches): Wetland hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: Remarks: US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region Project/Site: IWV ROAD SW Applicant/Owner: CKR Construction Services LLC City/County: Iowa City Sampling Date: 5/11/2021 Investigator(s): Lee Swank State: Iowa Sampling Point: 5P3 Section, Township, Range: NE1/4, NW1/4, SEC13-T79N-R7W Landform (hillslope, terrace, etc.): footslope Local Relief (Concave, Convex, None): none Slope (%): 0-5% Lat: 41.54005 Long: -91.612063 Datum: Decimal Degree Soil Map Unit Name: 11B Colo -Ely Complex NWI Classification: Riverine Are Climatic/ Hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation X , Soil X , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes 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. No X Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Yes No X Is the Sampled Area within a wetland? Yes No X Yes No X Yes No X 50%= 0 20%= 0 0 = Total Cover Sapling/Shrub Stratum (Plot Size: 15ft radius ) Prevalence Index Worksheet: Total % Cover of: Multiply By: OBL Species 0 x 1 = 0 1. Remarks: Sample point taken in Ag field 3. FACW Species 0 x 2 = 0 4. VEGETATION - Use scientific name of plants. Absolute Dominant Indicator Tree Stratum (Plot Size: 30ft radius ) % Cover Species? Status Dominance Test Worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 0 (A) 1. 2. Total Number of Dominant Species Across all Strata: 2 (B) 3. 4. 5. Percent of Dominant Species That Are OBL, FACW, or FAC: 0% (AB) 50%= 0 20%= 0 0 = Total Cover Sapling/Shrub Stratum (Plot Size: 15ft radius ) Prevalence Index Worksheet: Total % Cover of: Multiply By: OBL Species 0 x 1 = 0 1. 2. 3. FACW Species 0 x 2 = 0 4. FAC Species 0 x 3 = 0 5. FACU Species 0 x 4 = 0 50%= 0 20%= 0 0 =Total Cover UPL UPL Species 15 x 5 = 75 Herbaceous Stratum (Plot Size: 5ft radius ) Column Totals: 15 (A) 75 (B) Prevalence Index = B/A = 5.00 1. Glycine max Soybean 10 Yes 2. Arctium lappa Burdock 5 Yes UPL 3. Hydrophytic Vegetation Index: 1 - Rapid Test for Hydrophtic Vegetation 4. 5. 2 - Dominance Test is >50% 6. 3 - Pevalence Index is <3.01 7. 4 -Morphological Adaptations' (Provide supporting 8. data in Remarks or on a separate sheet Problematic Hydrophytic vegetation) (Explain) 9. 10. 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problemtic 50%= 7.5 20%= 3 15 =Total Cover Woody Vine Stratum (Plot Size: 30ft radius ) Hydrophytic Yes No X Vegetation 1 2. Present? 50%= 0 20%= 0 0 =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) Sample point taken in Ag field subject to herbicide application US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region SOIL Sampling Point: SP3 Profile Description: (Describe to the depth needed to document the indicator or confirm the Depth Matrix Redox Features absence of indicators.) Texture Remarks (inches) Color (Moist) % Color (Moist) % TypeLoc2 0-5 10YR 3/1 100 Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: SiLo 5-13 10YR 3/1 97 7.5YR 3/3 3 C M SiCILo 13-30 10YR 3/2 85 10YR 5/2 15 D M SiCILo 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: - Histosol (Al) _ Histic Epipedon (A2) _ Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) _ 2 cm Muck (A10) - Depleted Below Dark Surface (A11) _ Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) 5 cm Mucky Peat or Peat (S3) - Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) _ Loamy Mucky Mineral (F1) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) Indicators for Problematic Hydric Soils3: - Coast Prairie Redox (A16) — Dark Surface (S7) _ Iron -Manganese Masses (F12) _ Very Shallow Dark Surface (TF 12) _ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) - Surface Water (Al) - Water -Stained Leaves (B9) - Soil Surface Cracks (B6) _ High Water Table (A2) _ Aquatic Fauna (B13) _ Drainage Patterns (B10) _ Saturation (A3) _ True Aquatic Plants (B14) _ Dry -Season Water Table (C2) _ Water Marks (B1) _ Hydrogen Sulfide Odor (Cl) _ Crayfish Burrows (C8) _ Sediment Deposits (B2) _ Oxidized Rhizospheres on Living Roots (C3) _ Saturation Visible on Aerial Imagery (C9) _ Drift Deposits (B3) _ Presence of Reduced Iron (C4) _ Stunted or Stressed Plants (D1) _ Algal Mat or Crust (B4) _ Recent Iron Reduction in Tilled Soils (C6) _ Geomorphic Position (D2) _ Iron Deposits (B5) _ Thin Muck Surface (C7) _ FAC -Neutral Test (D5) _ Inundation Visible on Aerial Imagery (B7) _ Gauge or Well Data (D9) _ Sparsely Vegetated Concave Surface (B8) _ Other (Explain in Remarks) Field Observations: Surface Water Present? Yes No X Depth (Inches): Water Table Present? Yes No X Depth (Inches): Saturation Present? Yes No X Depth (Inches): Wetland hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: Remarks: US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region Project/Site: IWV ROAD SW Applicant/Owner: CKR Construction Services LLC City/County: Iowa City Sampling Date: 5/11/2021 Investigator(s): Lee Swank State: Iowa Sampling Point: SP4 Section, Township, Range: NW1/4, NWI/4, SEC13-T79N-R7W Landform (hillslope, terrace, etc.): Footslope Local Relief (Concave, Convex, None): concave Slope (%): 0-5% Lat: 41.653765 Long: -91.613343 Datum: Decimal Degree Soil Map Unit Name: 11B Colo -Ely Complex NWI Classification: none Are Climatic/ Hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X 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? Hydric Soil Present? Wetland Hydrology Present? Yes X No Is the Sampled Area within a wetland? Yes X No Yes X No Yes X No 4. Remarks: Percent of Dominant Species That Are OBL, FACW, or FAC: 100% (AB) 50%= 25 20%= 10 VEGETATION - Use scientific name of plants. Tree Stratum (Plot Size: 30ft radius ) Absolute % Cover 25 Dominant Indicator Species? Status Yes FACW Dominance Test Worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 3 (A) 1. Ulmus Americana American Elm 2. Populus deltoides Eastern Cottonwood 25 Yes FAC Total Number of Dominant Species Across all Strata: 3 (B) 3. 4. 5. Percent of Dominant Species That Are OBL, FACW, or FAC: 100% (AB) 50%= 25 20%= 10 50 = Total Cover Sapling/Shrub Stratum (Plot Size: 15ft radius ) Prevalence Index Worksheet: Total % Cover of: Multiply By: OBL Species 0 x 1 = 0 1. 2. 3. FACW Species 110 x 2 = 220 4. FAC Species 45 x 3 = 135 5. FACU Species 0 x 4 = 0 50%= 0 20%= 0 0 =Total Cover Yes FACW UPL Species 5 x 5 = 25 Herbaceous Stratum (Plot Size: 5ft radius ) 75 Column Totals: 160 (A) 380 (B) Prevalence Index = B/A = 2.38 1. Phalaris arundinacea Reed Canarygrass 2. Urtica dioica Stinging Nettle 10 No FACW 3. Arctium lappa Burdock 5 No UPL Hydrophytic Vegetation Index: 1 - Rapid Test for Hydrophtic Vegetation 4. Alliaria petiolata Garlic Mustard 10 No FAC 5. Sanicula odorata Clustered blacksnakeroot 5 No FAC _ X 2 - Dominance Test is >50% 6. Cryptotaenia canadensis Canadian Honewort 5 No FAC X 3 - Pevalence Index is <3.01 7. 4 -Morphological Adaptations 1 (Provide supporting 8. data in Remarks or on a separate sheet Problematic Hydrophytic vegetation) (Explain) 9. 10. 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problemtic 50%= 55 20%= 22 110 =Total Cover Woody Vine Stratum (Plot Size: 30ft radius ) Hydrophytic Yes X No Vegetation 1 2. Present? 50%= 0 20%= 0 0 =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region SOIL Sampling Point: SP4 Profile Description: (Describe to the depth needed to document the indicator or confirm the Depth Matrix Redox Features absence of indicators.) Texture Remarks (inches) Color (Moist) % Color (Moist) % TypeLoc2 0-8 10YR 3/1 100 Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: Remarks: 8-14 10YR 5/1 80 7.5YR 4/6 10 C M/PL SiLo 10YR 6/2 10 D M 14-32 10YR 5/1 60 7.5YR 4/4 20 C M SiLo 10YR 6/2 20 D M 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: - Histosol (Al) _ Histic Epipedon (A2) _ Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) 2 cm Muck (A10) X Depleted Below Dark Surface (A11) _ Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) 5 cm Mucky Peat or Peat (S3) - Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) _ Loamy Mucky Mineral (F1) _ Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) Indicators for Problematic Hydric Soils3: - Coast Prairie Redox (A16) — Dark Surface (S7) — Iron -Manganese Masses (F12) _ Very Shallow Dark Surface (TF 12) _ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) - Surface Water (Al) - Water -Stained Leaves (B9) - Soil Surface Cracks (B6) _ High Water Table (A2) _ Aquatic Fauna (B13) _ Drainage Patterns (B10) _ Saturation (A3) _ True Aquatic Plants (B14) _ Dry -Season Water Table (C2) _ Water Marks (B1) _ Hydrogen Sulfide Odor (Cl) _ Crayfish Burrows (C8) _ Sediment Deposits (B2) _ Oxidized Rhizospheres on Living Roots (C3) _ Saturation Visible on Aerial Imagery (C9) _ Drift Deposits (B3) _ Presence of Reduced Iron (C4) _ Stunted or Stressed Plants (D1) _ Algal Mat or Crust (B4) _ Recent Iron Reduction in Tilled Soils (C6) X Geomorphic Position (D2) _ Iron Deposits (B5) _ Thin Muck Surface (C7) X FAC -Neutral Test (D5) _ Inundation Visible on Aerial Imagery (B7) _ Gauge or Well Data (D9) _ Sparsely Vegetated Concave Surface (B8) _ Other (Explain in Remarks) Field Observations: Surface Water Present? Yes No X Depth (Inches): Water Table Present? Yes X No Depth (Inches): 33 Saturation Present? Yes X No Depth (Inches): 22 Wetland hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: Remarks: US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region Project/Site: IWV ROAD SW Applicant/Owner: CKR Construction Services LLC City/County: Iowa City Sampling Date: 5/11/2021 Investigator(s): Lee Swank State: Iowa Sampling Point: SP5 Section, Township, Range: NW1/4, NWI/4, SEC13-T79N-R7W Landform (hillslope, terrace, etc.): footslope Local Relief (Concave, Convex, None): concave Slope (%): 0-5% Lat: 41.653923 Long: -91.61764 Datum: Decimal Degree Soil Map Unit Name: 11B Colo -Ely Complex NWI Classification: none- adjacent to mapped riverine wetla Are Climatic/ Hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X 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? Hydric Soil Present? Wetland Hydrology Present? Yes X No Is the Sampled Area within a wetland? Yes X No Yes X No Yes X No 3. 4. Remarks: 5. VEGETATION - Use scientific name of plants. Tree Stratum (Plot Size: 30ft radius ) Absolute % Cover 25 Dominant Indicator Species? Yes Status FACW Dominance Test Worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 2 (A) 1. Acer saccharinum Silver Maple 2. Total Number of Dominant Species Across all Strata: 2 (B) 3. 4. 5. Percent of Dominant Species That Are OBL, FACW, or FAC: 100% (AB) 50%= 12.5 20%= 5 25 = Total Cover Sapling/Shrub Stratum (Plot Size: 15ft radius ) Prevalence Index Worksheet: Total % Cover of: Multiply By: OBL Species 0 x 1 = 0 1. 2. 3. FACW Species 115 x 2 = 230 4. FAC Species 10 x 3 = 30 5. FACU Species 2 x 4 = 8 50%= 0 20%= 0 0 =Total Cover Yes FACW UPL Species 0 x 5= 0 Herbaceous Stratum (Plot Size: 5ft radius ) 90 Column Totals: 127 (A) 268 (B) Prevalence Index = B/A = 2.11 1. Phalaris arundinacea Reed Canarygrass 2. Sanicula odorata Clustered blacksnakeroot 10 No FAC 3. Ambrosia artemisiifolia Ragweed 2 No FACU Hydrophytic Vegetation Index: 1 - Rapid Test for Hydrophtic Vegetation 4. 5. _ X 2 - Dominance Test is >50% 6. X 3 - Pevalence Index is <3.01 7. 4 -Morphological Adaptations 1 (Provide supporting 8. data in Remarks or on a separate sheet Problematic Hydrophytic vegetation) (Explain) 9. 10. 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problemtic 50%= 51 20%= 20.4 102 =Total Cover Woody Vine Stratum (Plot Size: 30ft radius ) Hydrophytic Yes X No Vegetation 1 2. Present? 50%= 0 20%= 0 0 =Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Midwest Region - Version 2.0 WETLAND DETERMINATION DATA FORM- Midwest Region SOIL Sampling Point: SP5 Profile Description: (Describe to the depth needed to document the indicator or confirm the Depth Matrix Redox Features absence of indicators.) Texture Remarks (inches) Color (Moist) % Color (Moist) % Type' Loc2 0-5 10YR 3/1 80 10YR 5/8 10 C M/PL SiCILo 10YR 5/2 10 D M 5-26 10YR 4/1 80 7.5YR 4/6 20 C M SiCILo 26+ Gley 1 2.5/N 100 SiCILo 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: - Histosol (Al) _ Histic Epipedon (A2) _ Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) 2 cm Muck (A10) X Depleted Below Dark Surface (A11) _ Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) 5 cm Mucky Peat or Peat (S3) - Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) _ Loamy Mucky Mineral (F1) _ Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) X Redox Dark Surface (F6) X Depleted Dark Surface (F7) X Redox Depressions (F8) Indicators for Problematic Hydric Soils3: - Coast Prairie Redox (A16) — Dark Surface (S7) — Iron -Manganese Masses (F12) _ Very Shallow Dark Surface (TF 12) _ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) - Surface Water (Al) - Water -Stained Leaves (B9) - Soil Surface Cracks (B6) X High Water Table (A2) _ Aquatic Fauna (B13) X Drainage Patterns (B10) X Saturation (A3) _ True Aquatic Plants (B14) _ Dry -Season Water Table (C2) _ Water Marks (B1) _ Hydrogen Sulfide Odor (Cl) _ Crayfish Burrows (C8) _ Sediment Deposits (B2) _ Oxidized Rhizospheres on Living Roots (C3) _ Saturation Visible on Aerial Imagery (C9) _ Drift Deposits (B3) _ Presence of Reduced Iron (C4) _ Stunted or Stressed Plants (D1) _ Algal Mat or Crust (B4) _ Recent Iron Reduction in Tilled Soils (C6) X Geomorphic Position (D2) _ Iron Deposits (B5) _ Thin Muck Surface (C7) X FAC -Neutral Test (D5) _ Inundation Visible on Aerial Imagery (B7) _ Gauge or Well Data (D9) _ Sparsely Vegetated Concave Surface (B8) _ Other (Explain in Remarks) Field Observations: Surface Water Present? Yes No X Depth (Inches): Water Table Present? Yes X No Depth (Inches): 7" Saturation Present? Yes X No Depth (Inches): 5" Wetland hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photo, previous inspections), if available: Remarks: US Army Corps of Engineers Midwest Region - Version 2.0 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 588°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 588°45'34"W, along said Easterly Projection and North Line, 300.07 feet, to the Point of Beginning; Thence continuing 588°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 500°53'27"E, 86.39 feet; Thence S33°02'35"W, 438.62 feet; Thence S22°47'41"W, 655.46 feet; Thence SO4°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 T 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 15t 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 1) Maximum Density: One roomer per 300 square feet of lot area. (staff/live-in staff of a facility are not considered roomers) S 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. 14-46-46- 3 Building trade uses P Commercial parking uses Commercial recreational uses1 Indoor P Outdoor P Drinking establishments' PR Applies only to Drinking Establishments In the university impact area or riverfront crossings district. 14-4B-4B- 11 Eating establishments' P Office uses General office P Medical/dental office P Quick vehicle servicing uses' 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 uses' 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 GeneralPR manufacturing 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 communityproposed 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 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 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 -lb -(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. t CITY OF IOWA CITY MEMORANDUM 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 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. Planning and Zoning Commission September 16, 2021 Page 16 of 36 Heitner explained this agenda item is focusing on the actual annexation application and the rezoning associated with that annexation as the property is annex into the City. He also wanted to comment on a couple things from just the general background stance, there's been discussion about the lack of attendance at the good neighbor meeting. Those notices were sent out pursuant to the City's current requirement of a 300 -foot notification radius. Heitner attended that meeting, and they made a concerted effort in notification, they sent out notifications to residents within the Country Club Estates Fourth and Fifth Additions as well which is outside of the 300 - foot notification window. Staff did so because they understood that there is a potential for a larger impact for area, since it is a larger agricultural property. They also held a consult on the annexation on July 29th with two Union Township trustees and they also voiced concerns mostly about the potential loss of farmland and tax revenue to the township. Heitner showed an overview of the existing Southwest District Plan and Weber subarea, as Lehmann mentioned the majority of this area was slated for future urban development for single family duplex residential and then also a Vegetative and Noise and Sight Buffer to the west near the landfill. For the annexation component of this, voluntary annexations are reviewed under three different criteria, first, that the area under consideration falls within the adopted long range planning boundary, second that development in the area proposed annexation will fulfill and identify need without imposing an undue burden on the City, and third, that control of the development is in the City's best interest. Heitner stated on that first point with the area under consideration falling within the adapted long range planning boundary, the portion of the subject property that isn't already in the City limits is all entirely within the City's growth area in fringe area C and it's anticipated that anything within that growth area will eventually or could eventually be annexed into the City. Number two, that development in the area proposed for annexation will fulfill an identified need without imposing an undue burden on the City. The applicant has demonstrated that sanitary sewer service is possible to the eastern properties that are seeking the intensive commercial CI -1 zoning. There are capital improvements underway on IWV road with the intent of bringing the road to urban arterial standards. That will include an urban overlay of that segment of the road roughly between the Poor Farm and Hebl Avenue to the landfill as well as installation of a water line throughout that segment of road with the expectation that waterline and section of the road will be utilized for those infrastructure improvements. Heitner noted there is a great deal of highway adjacency lot size and also arterial proximity that makes this subject property pretty appealing for future commercial development. Also, with regards to the Comprehensive Plan the subject properties are contiguous the City limits there by satisfying that goal for annexation. The last point, control the development is in the City's best interest, as previously mentioned this property is within the City's growth area and is appropriate for properties seeking annexation upon development to seek adequate City services, this is especially true for commercial and industrial oriented uses that may develop within the growth area. It is a long-standing policy that the City tries to direct those uses within the City limits if possible. Heitner showed an overview of the zoning noting the eastern parcels will have intensive commercial zoning with the western parcel seeking interim development commercial. As an overview of a CI -1 zone, it is a zone with a lot of depth to it and the purpose of the zone is to Planning and Zoning Commission September 16, 2021 Page 17 of 36 provide areas for sales and service functions, businesses whose operations are typically characterized by outdoor displays and storage of merchandise, repair, and sales of large equipment or motor vehicles or commercial amusement recreational activities. It's an extensive zone and there's a lot of discussion within the zoning ordinance about how to buffer some of those uses from adjacent residential zones. Heitner acknowledged there's been a lot of talk about MidAmerican being a potential end user here, certainly a possibility, but when staff is assessing a rezoning like this, they have to analyze the potential for any kind of use that might be permitted within that zone. There are three different ways they look at uses in zones, they have uses that are permitted by right, meaning that if they follow all of the other items and steps within the zoning or subdivision ordinance they are permitted without any further scrutiny, there's provisional uses which require a few more steps and criteria to satisfy and then there's uses permitted by special exception which require even more criteria to satisfy and they have to obtain that special exception through the Board of Adjustment, an entirely different review body. Heitner showed a quick overview of some of the uses that are permitted through each mechanism. By right, they can have building trade, commercial recreational, eating establishments, office, retail, industrial service, self-service storage warehouse, and freight movement. Provisional uses, which again require a bit more criteria to satisfy are adult businesses, animal related commercial, some general manufacturing, and basic utility. Finally are the uses as permitted by special exception which deserve a bit more analysis and scrutiny, are things like heavy manufacturing, basic utilities that maybe are outside, detention facilities, and utility scale solar. The IDC zone to the far west is intended to provide areas for managed growth, it's a default zoning district that's often applied to undeveloped areas until City services can be provided, as is the case with this portion of the subject property. For the rezoning component Heitner explained there's two criteria that need to be satisfied, consistency with Comprehensive Plan and compatibility with the existing neighborhood character. With respect to consistency with Comprehensive Plan, a lot of that is tied to the previous agenda item and whether intensive commercial designation within the Comprehensive Plan is passed. What is existing right now is classified as future urban development. Heitner wanted to touch on the attractiveness of the site for a couple reasons, the highway adjacency and future arterial road access. As mentioned earlier, there are improvements ongoing right now to IWV Road to make that up to arterial urban design standards. Also discussed already tonight was the potential for the extension of 965 that would be on the west side of the subject property, closer to the interim zone area, and then in the Comprehensive Plan there are plans for making Slothower Road a collector street which is a step down from an arterial assuming less traffic than an arterial but still more volume than a local neighborhood street. With respect to compatibility with the existing neighborhood character Heitner wanted to highlight topography of the area, with the lighter industrial uses to the northeast of the subject property, the Poor Farm directly east, agricultural residential to the north and the Country Club Estates residential of the southeast. Staff does acknowledge there's definitely concerns with potentially having a zone with the breath of uses that an intensive commercial zone presents and being as sensitive as possible to existing neighbors and adjacent properties so there are a few conditions in that respect that staff would recommend for rezoning. Staff is recommending a S3 high screen landscape buffer along the properties on Slothower Road frontage. S3 is the most intense screening within the code and consists of six -foot -tall dense shrub and/or tree buffer with potential to incorporate berming with that buffer or a masonry wall. They are also recommending Planning and Zoning Commission September 16, 2021 Page 18 of 36 a condition that any parking along the IWV Road frontage be screened to the S3 standard and that any loading areas and outdoor storage be located behind the principal structure. In addition, there's also some built in criteria for buffering that's for more intense uses that might fall under this zone, the code already prescribes in terms of buffering for uses such as manufacturing, which is limited concrete mix plants, would require at least the 500 foot buffer from any residential zone. General manufacturing has a size limitation of about 15,000 square feet and there's certain protocols for what production could take place out of that general manufacturing. Detention facilities must be at least 1000 feet from any residential zone and communication transmission facility towers have to be set back at least the distance equal to the height of the tower from any residential zone. Heitner next discussed the environmental sensitive areas, the applicant did submit sensitive areas plan as part of the review of the annexation and rezoning. It was already discussed about the natural buffering that will take place on the south side of the subject property spanning the entire width of the property and again that's largely because of a combination of planned detention, also the stream corridor on the south end of the property, as well as a wetland a little bit under an acre in size on the south of the property and associated 100 -foot buffer around that wetland. So there will be natural buffering on the south side of subject property that effectively prohibits any urban development from taking place within that area. Regarding traffic and access to the site, right now the most recent vehicle count that they have for IWV Road is approximately 2000 vehicles per day which is well below the arterial size capacity of about 17,000 vehicles per day. Staff is looking to finalize access to the site upon site plan review, however, there is a City Code policy on limiting access to arterial roads, and it is the City's preference to have that primary access point off Slothower Road, and there's a few conditions related to that access. One, that the applicant would be obligated to improve Slothower Road to the southern end of that proposed access and then contributes 25% toward the cost of upgrading the remaining portion of Slothower Road along the rest of the frontage. Staff is also requesting a dedication of approximately 13 feet of additional right-of-way along the Slothower Road frontage. Heitner noted the public comments received regarding concerns with the annexation were largely similar to the concerns related to the Comprehensive Plan Amendment about the wide range of uses in the proposed zone, concerns about buffers and impacts to sensitive features, detrimental property valuation to adjacent residences, concerns about negative externalities from the use of traffic, lighting impacts, the large shift from a rural residential character to an intensive commercial or lighter industrial character and then potential implications for the larger area. With respect to the annexation policy, the role of the Commission tonight is to determine that the following are satisfied conditions by the Comprehensive Plans annexation policy, one that the area falls within the adopted long range planning boundary; two, that the development area proposed for annexation will fulfill an identified need without imposing undue burden on the City; and three, that control of the development is the City's best interest. With respect to next steps, after recommendation from this Commission the following will occur: • City Council would 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. Planning and Zoning Commission September 16, 2021 Page 19 of 36 • 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. 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. 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. Hensch had three questions, one about uses as permitted by right, provisionally and by special exception. For the special exceptions, is it correct that those would have to go before the Board of Adjustment to get approval and there'd be no administrative course of action, because some of those uses sound pretty intensive. Heitner confirmed that was correct anything requiring a special exception will require Board approval. Hensch acknowledged a couple of the public speakers intermixed industrial zoning with intensive commercial zoning and they're not talking about any industrial zoning tonight, the heaviest zoning is intensive commercial. Again Heitner confirmed that was correct. Hensch noted that Slothower Road is currently a county level B road, so that means that there's zero maintenance going on and it's essentially non -traversable at this point by a regular motor vehicle. Heitner confirmed it's a level B road so the County provides no maintenance for the entire length of that road. Planning and Zoning Commission September 16, 2021 Page 20 of 36 Hensch's last question is under the additional conditions in staff's recommendation, the recommendation was that there should be S3 screening standards applied for landscaping along the length of Slothower Road and he was curious why that wasn't extend to the length of the IWV Road since that is an entry area to Iowa City. Hensch noted the Commission has always paid particular importance to green entry ways into the City so was there any consideration given to have S3 standards for that length IWV Road and if not that's something he'd be interested in adding. Heitner stated there was consideration given to it and if it's the Commission's desire to create a new condition that would require that S3 screening on the IWV Road frontage staff would be supportive of that. Their focus with respect to IWV Road was just making sure that any parking within that front yard area off IWV Road be screened but again would be totally supportive of extending that screening throughout the entire IWV Road frontage. Hensch is not only concerned aesthetically but also quite certain the engineering staff would recommend limitation of access on IWV Road from the main property so if they're not going to have driveways anyway why not have this look as aesthetically pleasing as possible. Heitner agreed and stated it also goes to further satisfy the Comprehensive Plan goal about having aesthetically pleasing beautified entries into the City. Signs stated he did appreciate the review of the various uses this by right, provisional and by special exception, that did answer some of his questions. He would definitely be supportive of extending the S3 screening standard the entire length of the IWV Road on the side of that property. Signs noted one of the things that they seem to be bumping up against a lot lately, in the last year of applications that came before the Commission, is there's a common theme of not wanting change and not wanting growth. For those folks here tonight to speak against growth, if they stick around a little bit longer, they're going to hear the folks that are going to speak against growth on the south side. The Commission talked with all the folks on the northeast side of town a couple times in the last two years about the fact that they didn't want their natural areas to grow, and it really got him thinking and begging the question of where is the City going to grow if nobody wants to grow. In the paper last week it stated the official census estimate for Iowa City shows that the growth was less than expected, while the growth in the neighboring communities was way more than expected. And to be honest, there's a reason for that and it is because they want to grow and the Iowa City community, at least part of the community, doesn't want to grow. The Commission is seeing this trend and it's starting to concern him and as stated earlier their role is to look at the good of the community as a whole. He is not opposed to change, they've seen change happen on the IWV corridor and her anticipates that the demand for that's going to continue regardless of any decision made tonight. He personally thinks that if he had to choose between that and 230 some acres south of Rohret Road this makes the most sense to put in some type of a heavier use of zoning so there are some of those types of businesses and industries on that side of town and it's really the only place that seems logical for him. He likes the staff's conditions and totally support those, he would also support extending the screening on IWV Road and is inclined to support this. He is definitely inclined to support the annexation and is comforted by the chart that showed the uses of the zoning allowed so he is more inclined now to support the zoning. Hensch opened the public hearing. Jon Marner (MMS Consultants) stated they would also support the extension to the S3 screening along IWV Road. The other thing he wanted to add is just to reiterate again that this zoning amendment is being sought not just for one user, there's an opportunity for multiple other businesses, whether they've expressed interest at this point or not, this is a great location to Planning and Zoning Commission September 16, 2021 Page 21 of 36 provide quick access to the arterial road and immediate access to Highway 218 and the interstate system and as staff pointed out there's not a lot of those types of properties in the area. Other areas are located away from the highway or from the interstate or the area on the east part of town is located near railways and are different uses or smaller parcels. A lot of the people that are interested in this type of property for this type of uses are searching for something more in the neighborhood of 10 to 15 acres or a little larger and those properties simply don't exist in the Iowa City area at this time, so this is a great location. John Bergstrom (Slothower Farms) want to state they are not anti -growth, they just don't like the abrupt change in the land plan and doesn't think he was hearing anti -growth. This area has always been deemed to be residential and he thinks it should continue as residential. As far as north of Melrose frankly this development would probably fit better north of Melrose, but as they turn onto Slothower Road that should be residential or neighborhood commercial because then to the south is residential and the County Farm will have a residential component to it. Again, this is just a big change, and as they change an instrument like the Comprehensive Plan it should be much more encompassing than just accommodating MidAmerican Energy because it's very clear from all the staff comments that is what this is all about. Hensch stated just so everybody knows they have not materials that state what the potential users of these properties and they strictly look at the application and what the application says. Eric Freedman (4401 Tempe Place) wanted to acknowledge he heard a couple of the Commissioners say this is not a residential area, west on Melrose, but that's not the concern, the concern is the views from the south, and what this impacts to the south. On the map it is shown that a ton of people live right across the Poor Farm, it's a clear line of sight. If the Poor Farm is going to be a community resource with trails and some housing and community farming, then right next to it will be a row of trees or shrubs like six feet high and he has no idea what it's going to look like so it'd be nice to at least see something that would show them what it's going to look like when this is built to the west of the Poor Farm. There is concern among people who live in this vibrant neighborhood of what the impact would be. He doesn't think any of them are opposed to annexing more land and creating space for things that are useful to the City, but they don't understand why it was chosen to be here without looking at other options. Why not north of Melrose, what's the long-term plan, is this going to be one little tiny piece, or is there going to be expansion for other intensive commercial, is there a plan for that they haven't seen. He'd like to know more, in order to be able to make a clear decision and he doesn't know how they can make a decision on this, given what they've heard so far. For example, something along the east side of that space that was more compatible and useful to the people living there. Nobody wants to live next to a dump so if there's going to be stuff farther west that is fine, but he thinks people are concerned about along Slothower Road is directly next to where people live. Jim Larimore (1143 Wildcat Lane) is one of the families that looks across that field at the proposed site. Since one of the Commissioners made some comments that are interpreted as being directed at those who are here in attendance, he thinks it's interesting sometimes that they can hear the same words and or be exposed to the same words and hear such dramatically different things. Larimore has not heard a single one of his neighbors express a concern about growth. Some of them came to Iowa City and contributed to the growth of the population, so he doesn't think that anyone is anti -growth. From what he's heard so far, they do have some concerns about what is planned, or what is potentially going to be for some of them within a very Planning and Zoning Commission September 16, 2021 Page 22 of 36 long stone's throw of their neighborhood and the thing that he would point out and where he heard some things tonight that are worrisome was actually in the documentation that was posted online and there is a reference in some of the material that suggests the plan for the County and the Poor Farm. They're actually considering putting some residential units there which would be very close to the proposed site and that creates a much more immediate conflict between the kinds of uses for these properties. The thing he is very concerned about, because there were also comments that none of us has a crystal ball, they really don't know what will go there and there's no confirmed plan for MidAmerica Energy to use the site, but there is beyond the rights that can be exercised to build on that site subject only to provisional review. What was referenced as an adult video stores or strip clubs that's what the Code says so by opening up the door for intensive commercial use on this property, not very far from one of Iowa City's high schools and not very far from residential neighborhoods are possibilities that no one really want in their backyards. Cindy Seyfer (36 Tempe Court) wanted to follow up with that comment they're not concerned if it's MidAmerican or who it is that builds there, they are looking at what's in the best interest for Iowa City and the public. She thinks it's really dangerous to annex and start to allow that land to be used in a way that they don't have a plan for. They don't know what the future will hold for that land, but what they do know is what is near it. The Commissioners indicated it isn't residential, but she would assume that the residents of Walnut Ridge and Galway Hills would beg to differ, because they would find themselves pretty close to that area. Her neighborhood would find themselves close to that area and again that's where she thinks they need to be looking at tiers, rather than jumping straight from residential to intense commercial. Once it is intense commercial all of those options exist in terms of what could go on that land, and it makes it really hard to feel comfortable with what the future might hold. She also wanted to echo none of them are against the growth, they wanted residential growth or at the very least maybe some neighborhood commercial growth, they just don't think an appropriate use is intense commercial. Sherri Slothower Bergstrom (Slothower Farms) feels like the panel here maybe doesn't have a good understanding of that area. They have been talking a lot about IWV Road but the people that are here and the big impact that they are missing is what's going to happen south of there. There's a big strip of land there and this small piece of land that they're addressing tonight is going to set the tone for what happens in that whole area, and it really concerns her and bothers her a lot that the people on the panel are not really understanding that. Maybe the Commissioners are not real familiar with the area, but IWV Road is probably not what they should be thinking about here, there is going to be impact in the future from this decision on a large area of agricultural land and on a lot of people. Look at that neighborhood there and look at what's going to happen in the future on that agricultural land and what they are deciding here for a very small plot is going to impact that greatly. Duane Kruse (965 Slothower Road) and as Bergstrom just pointed out the decision that's being imposed on the Commission tonight does impact a lot of people and it's a very large decision. When one drives up and down IWV you see commercial, but you get past that and there's a lot of land there that is going to be impacted by this decision if this area goes to heavy industrial. He is also not opposed to growth, they all want to grow, they all want to be successful, but he also thinks if they make this decision in favor of the heavy industrial, they're opening pandora's box and can't close it once it's opened. Planning and Zoning Commission September 16, 2021 Page 23 of 36 Craig corrected that it's not heavy industrial zoning. Kruse accepted that but stated he is opposed to this, his wife Kathy is opposed, their two dogs are opposed, their three cats are opposed and 49 pheasants in their front yard last winter are opposed. Hensch asked the applicant what's the CSR (corn suitability rating) for this land. Marner replied he did not know off the top of his head. Hensch noted several people mentioned the agricultural lands and he presumes it's around 50-60. He assumes it would be the same as the Poor Farm and the Poor Farm CSR is low, it's around 50. Freedman had a quick question as there was a mention in the conditions for the plan that the resident would pay 25% of the improvements to Slothower Road to the south of the site. What is the vision and is that going to extend all the way down to Rohret Road or that would connect up the Lake Shore. Hensch reminded him this is not a question/answer opportunity, it's an opportunity for the public to address the Commission and share information. He could certainly ask staff after the meeting. Freedman stated then if the idea was that collector road is going to feed on to Lake Shore and not go all the way down to Rohret Road it would be tremendously opposed by many, many people in the community because then lots of traffic would be going right through a street where there's tons of kids. So if there's thinking here about creating a collector road they have to be very careful and do an analysis of where that collector is going to go, he thinks it should go to Rohret Road. Marner stated the CSR is 72, he was able to look it up on the internet. Hensch noted just so people know it's a scale of zero to 100 and the closer to 100 is prime agricultural land and as it goes down its lesser value and that determines how it sells frankly. Hensch closed the public hearing. Townsend moved to recommend approval of ANN21-0003, a voluntary annexation of approximately 70.39 acres of property located south of IWV Road and west of Slothower Road. Signs seconded the motion. Hensch stated here they are talking about the annexation of approximately 70.39 acres and they need to analyze three criteria that's in the annexation policy. Number one, the area under consideration falls within the adopted long range planning boundary; number two, development in the area proposed for annexation will fulfill an identified need without imposing undue burden on the City, so talking about city services such as utilities and other services; and number three, the control of the development is in the City's best interest and really that's what the Commission is always to look at, what's best for the City. Hensch started he completely empathizes with everybody in this room, he lives on the south side of Iowa City and there's been a lot of zoning actions have been taken adjacent to his property Planning and Zoning Commission September 16, 2021 Page 24 of 36 that he did not agree with and did not like but that's just the way it is. Other people make these decisions, sometimes in our favor and sometimes not. He looks at this critically, he has been doing this for seven years now, and so on these annexations he thinks it's usually pretty straightforward by reviewing the three criteria. Again, they are not talking about rezoning, it has nothing to do with the conversation right now, this is about annexation. He thinks all three of these criteria clearly been met. Signs agrees, he is very much supportive if the property owner wants to bring their property into the into the City and add value to the City. Hensch thanked Signs for bringing that up. The City's annexation policy is it's only voluntary annexation so the owner of this property wishes to be annexed into Iowa City. Signs agrees and states he personally thinks they need to look pretty favorably upon it, as long as it's not going to create some detriment to City services or resources. Townsend, Craig and Padron all agreed. A vote was taken and the motion passed 5-0. Motion by Signs to recommend 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: 5. 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. 6. 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. 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. 7. 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. 8. Parking, loading areas, and outdoor storage shall either not be located between the Planning and Zoning Commission September 16, 2021 Page 25 of 36 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. The motion was seconded by Craig. Hensch stated this is the hardest part and he presumes no one in the audience will like what he has to say but they have to look at what's best for the entire city of Iowa City, not for particular areas. He has heard every word they said, he listened carefully, and he understands exactly why they feel the way they do but the Commission's job is to make decisions that's best for the entire city of Iowa City. He personally thinks Mr. Signs comments were correct that there seems to be a real strong, and he's not accusing anybody in here of this, of anti -development in Iowa City because the Commission has gone through some really rough public hearings for development on east side by Hickory Hills and on the south side with the new zoning standards. Somebody's got to pay property taxes, land has to be developed for the people that want to live here, people keep moving here and they have to live somewhere, they have to work somewhere, so the Commission has to make really hard decisions that are pretty thankless. At the end of the day, he has to look at is a Comprehensive Plan being complied with, are the district plans and the subdistrict plans being complied with, in general, because this is subjective when talking about comprehensive plans and district plans and then in a particularity are the development ordinances being followed. That's the Commission's role and he views it pretty literal and has to take out his personal feelings on a lot of things. Hensch acknowledged there's some subjectivity but mostly their job is are the rules being followed and is the intention of the plans being followed and the answer for him in this case is yes. He acknowledged he wouldn't like it if he was a neighbor, he does disagree with them that the residential area is farther to the south, and he is thrilled to have a developer voluntarily without coercion have one third of their property be a buffer. Hensch stated this is a onetime thing for the neighbors, but this is a regular every meeting for Commission and this is a great deal and he will support this without reservation Craig stated she also supports the rezoning, she would not support it if it came further south, but she thinks it's in keeping with what is going to be there when 965 comes down between the landfill and this property. They weren't going to be building residential houses to the west because like someone already said residential houses don't want to back up to the landfill, well residential houses don't want to live on 965 either, so there's going to be something happening there that is not residential, and this creates the beginning of that buffer that they are going to want to your residential neighborhoods. If this was that full strip of land they were asking for, she would not approve it, but she thinks the corner up there by Melrose is in keeping with the uses on Melrose, so she is very supportive of it. Padron is still opposed to the change; she still thinks the Poor Farm is too close. For example, the bike library is organizing rides to different farms in town, so people can ride their bike and go to other farms and the Poor Farm has been participating in that. She received notifications to go there and spend the day there with other nonprofit organizations doing family events as well, so she thinks it is too close to the Poor Farm. She is also concerned with all the uses that were listed; some are not very family friendly. Padron acknowledged Craig said if it were the whole strip she would not approve but Padron feels approving this corner might be a beginning for developers to keep asking for changes on the whole strip. She is very in favor of City growth but doesn't think this is the right way to grow the City and is concerned. This particular area is not the right place for it. Planning and Zoning Commission September 16, 2021 Page 26 of 36 Townsend noted at this point they're not voting on any specific proposal, right now they're just voting on rezoning the land and she doesn't have a problem. Hensch agreed, they never really know what it's going to end up somewhere when they rezone it, they rezone land and do not rezone for particular use that's going to happen eventually in the future. Signs appreciates that comment and would agree and is not making any decision based on the idea that MidAmerican Energy as maybe the tenant there. He supports this type of growth along IWV in whatever it might be. There were couple of references to some of the provisional uses there he can assure them if something like an adult bookstore came before the Board of Adjustment, he is sure there would be a tremendous neighborhood input in that session, and he is pretty sure it wouldn't get past. He also reiterated it is really important to note this is not industrial, this is intensive commercial and he is in support of the rezoning. A vote was taken and the motion passes 4-1 (Padron dissenting). CASE NO. CPA21-0001: A public hearing on an amendment to the Comprehensive Plan to change the South District Plan to facilitate development that follows form -based principles. Russett began with a brief summary of what's in the staff report, the City has been working with Opticos on this since 2019 and they've met with several stakeholders over the past two years to get input on the plan. A few things she wanted to highlight since the Commission last saw this is staff has made some changes to the Comprehensive Plan and some of those changes were also incorporated into the proposed zoning code. The vast majority of the changes are non - substantive changes, formatting issues and typos, but there were also a few things staff found that they wanted to clarify in the code so they made those changes. One thing is they did change the Comprehensive Plan future land use map based on recent input from a landowner south of Wetherby Park and that will be discussed later in the presentation. Lehmann stated for CPA21-0001, the Comprehensive Plan Amendment is really a couple changes to the context, the goals and objectives, new land use descriptions, and a new future land use map. Lehmann showed an image of the new future land use map that takes a form - based approach to land use. As far as context and background, there's some information about the form -based code process and some added some information about history including planning and of the area and development that's happened since the Plan was initially adopted in 2015, as well as some generalizing language, based on the proposed new future land use map. Lehmann noted it also talks about form -based zoning and form -based codes and how those work, which is instead of organizing zones by uses, zones are organized by what they look like and trying to tailor the character to the form of the area. He explained that is a difference and it clarifies how that would occur in the South District. As part of that staff also is proposing three new goals and objectives that discuss exactly what form -based zoning looks like in the South District and how those would support other goals that are also within the Plan and broader goals of the City as well, including a diversity of housing types, promoting walkability and use of alternative modes of transportation, and including new neighborhood commercial areas. Planning and Zoning Commission October 21, 2021 Page 10 of 18 Hensch can speak pretty intelligently on the Poor Farm since he's responsible for it, there's a 10 - year master plan and the possibility for affordable housing won't even occur until year seven. They're on year three and there's been no further discussion, there's been no consultants retained, there's been no development, no money has been spent on that. Signs asked if they could include an amendment to increase some tree planting along the south and the east borders, the S3 six-foot hedge is nice for when one is driving by but from a landscape perspective it really doesn't do a whole lot. Hensch noted that can be done in the rezoning, this is just a comprehensive plan. He noted last time they added the condition of S3 landscaping on the northern edge as well. Craig wanted to add she has gone out and driven the neighborhood's, she has a friend who lives in the neighborhood behind Weber School and she feels it is her responsibility as a member of the Commission to see the lay of the land. She had not had time to do it before the other meeting, but she did do it before this meeting. Her opinion is the same as it was in the initial meeting, there is development happening along IWV Road and this is compatible with what is there. She agrees with the person who said what is going to happen after this is more commercial development along IWV Road and she thinks from a City perspective and thinking about what's best for the City, they are spending money on upgrading the roads so it can handle all the traffic that is goes to the landfill and they are creating an infrastructure that costs all the taxpayers a lot of money and it makes it possible for some of this development to happen and will bring tax dollars back into the City. She is supportive of this project. Signs does have one more cynical observation as he was perusing the aerial map, there are two radio tower installations on the Slothower farm and it seems like that would affect a view of a neighborhood too. A vote was taken and the motion passed 5-0. 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). Heitner noted there's some crossover with this presentation and what was just went over so he'll try his best to not be too duplicative. For the rezoning component, Heitner showed an aerial of the subject property, and a look at the existing zoning which showed County agricultural zoning and the narrow nine -acre sliver of City rural residential on the east. Most of the property which is zoned County Agricultural is in Fringe Area C inside the growth area, and the nine -acre strip on the far east is within Iowa City limits. Heitner next showed the proposed rezoning noting it has not changed since it was last discussed here. There are the two parcels to the east going to Planning and Zoning Commission October 21, 2021 Page 11 of 18 intensive commercial zoning (CI -1) with the third parcel on the west going to interim development commercial. Regarding the background on why the rezoning is back in front of this Commission. At the September 16 meeting it was recommended for approval by a vote of 4-1 but there were concerns raised regarding negative externalities, negative impacts to viewsheds, noise, traffic etc. So, in an attempt quell those concerns, the applicant did submit the revised Comprehensive Plan Amendment that was just discussed, featuring the 350 -foot vegetative and noise buffer also designated as open space. The Comprehensive Plan Amendment that occurred within the last item does identify a need for buffering intensive commercial uses along that southern 350 -foot distance of the subject property. So with that in place, staff is recommending two additional conditions to the rezoning application which is why this item is here for discussion today. The two additional conditions staff is recommending are first 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. This would effectively prohibit any installation of structures, parking lots, drive aisles or loading areas within this area. Secondly 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 the easement area in locations that do not contain sensitive areas or sensitive area buffers. The sensitive areas are focused mostly at the south property boundary and there's a sizable 1.3 acre wetland within that area with a 100 foot wetland buffer all around the wetland. There is also a wetland and stream corridor on the western most property. As far as the rezoning is concerned, the role of the Commission is to determine whether the rezoning meets the review criteria, which is consistency with Comprehensive Plan and compatibility with the existing neighborhood. Regarding consistency with Comprehensive Plan there will be consistency pending approval of the Comprehensive Plan Amendment to intensive commercial. Also, the Southwest District Plan does call for future urban development within this subject property. The rationale for why intensive commercial development may be attractive in this location is due to the location and size of the properties, the adjacency to forthcoming arterial road access, and highway adjacency. With respect to compatibility with the existing neighborhood character, there are preexisting uses of comparable intensity to what might be found in an intensive commercial zone along the north side of IWV Road, the County Public Works facility and the Iowa National Guard Armory. Staff is proposing a S3 high screen landscape buffer, originally this was just proposed along the Slothower Road frontage but it was discussed at the last meeting to have this screening standard applied to the IWV Road frontage as well. Staff is also recommending placement of this S3 screen along the southern property boundary where there are no sensitive areas and there are additional screening standards within the City Code that are intended to conceal parking and loading areas from adjacent residential zones or neighborhoods. Lastly, staff does have a condition pertaining to the location of loading areas and outdoor storage and prohibiting those areas between the principal building facade and the IWV and Slothower Road right-of-way lines. With respect to next steps, there will be a public hearing on November 16, not only for the annexation and rezoning but also for the Comprehensive Plan Amendment. Prior to the public hearing, there is a notification process that is tied to the annexation where the City has to notify utility companies and non -consenting parties are sent the annexation application via certified Planning and Zoning Commission October 21, 2021 Page 12 of 18 mail, and the annexation component of the project also has to gain City Development Board approval from the State. 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 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. Hensch noted it seems a little inconsistent stating the first part where would have to be approved by City Forester but does that also include the second highlighted portion also needing to be approved by the Forester. Hensch feels that both need to pre -approved by the Forester. Heitner confirmed that's the intent. Hensch next asked if at some point staff could share the City's development ordinances regarding what constitutes S2 or S3 screening, he would like to read more about that and have an understanding of those. Hekteon looked it up, it is as at 14-5-F6 in the zoning code. The S3 standard intent is a buffering treatment that uses dense landscape screening to provide a visual and physical separation between uses and zones. It is commonly applied between residential uses and commercial and industrial uses and to screen outdoor work or storage areas. Required materials are enough shrubs and small evergreens to form a continuous screen or hedge at least five to six feet in height and more than 50% solid year-round. Screening materials must be at least three feet high when planted and at least one half of the shrubs must be evergreen varieties. An alternative is to use a berm in conjunction with a hedge to achieve an overall height of at least six feet or a continuous or semi continuous five- to six -foot -high masonry wall or solid fence. Hekteon added Planning and Zoning Commission October 21, 2021 Page 13 of 18 the permitted plants are described in table 5-F2 where it states S3 screening and says American Arborvitae, Emerald trees, compact burning bushes, or Hatfield trees are allowed. Deviations from the list of plants are allowed if the replacement shrubs are similar in form or hardiness to a permitted variety and are approved by the City. Signs asked if there is any way that they can add a provision that some of that screening area have some large evergreen and or deciduous trees. Heitner replied yes, if the Commission wishes to add deciduous or evergreen trees that's certainly the Commission's right to request that. Signs would normally refer to it as a reforestation plan but there is not just planting, so is there a percentage of the plant material needs to be trees of mature height over 30 feet or something. Hensch noted it said 50% has to be of evergreen variety, he hates to be too prescriptive but it'd be nice to try to beautify that reforest a little bit. Signs noted that all the shrubs described are six -to -eight -foot mature shrubs, even the evergreen ones. Craig added when they are talking about evergreens, they are talking 40 -50 -foot evergreen trees so could that be added to the buffer zone on the recommendation of the City Forester's plan as he decides. Hensch said they can just add that as a condition to the motion. Hekteon said they could add a condition giving some guidance to the City Forester. Nolte asked if the developer is obligated to maintain this land in perpetuity, it's an easement but it could be sold. Hektoen noted right now they haven't platted it so it could be platted as an outlot to be owned by the City to be owned by anyone at this point or put in a land trust or something like that, there is a use agreement but that doesn't mean that ownership can't be transferred because it's not City property. Signs stated they could potentially deed it to the City to be part of that western buffer. Hektoen confirmed at the time that the land is platted, they could plat it as an outlot to be dedicated to the City or to be dedicated to whomever or conveyed to whomever. Hensch opened the public hearing. Josh Entler (IWV Holdings) is representing the applicant and had a couple of comments he'd like to address. They are in agreement with those revised conditions with one technical clarification, in terms of the S3 buffer on the south, they will provide the S3 screening along the south line in areas where there's not sensitive features. He doesn't want to get into trouble with the Army Corps of Engineers because there is a designated wetland out there and a buffer and they need to stay out of it. Entler just wanted to explain that so if a year from now somebody asks why there's not a continuous straight line of brand-new trees, that is why. They'll plant new trees and S3 screening where there's not sensitive features. Another comment on the S3 screening, they just did this in coordination with Hiawatha for a development that also needed screening and as Planning and Zoning Commission October 21, 2021 Page 14 of 18 mentioned this also works well in tandem with buffers or with berms and they are also in agreement to proposing a two- or three-foot berm to elevate the base of the planting up a little higher. They've found that seems to gain some traction with the adjacent residents. In terms of the specifics of the plant, he would like to propose to table the specific tree requirement to site plan review, once they have a specific user or person that's actually going to be planting those trees. He asks that they push that off to the site plan review and just focus on rezoning. He does welcome the idea of having that responsibility on to the City Forester. Hensch was happy to hear about the berm as the concern is they just don't want a wall of arborvitae. Entler agreed and doesn't want that either. Hensch wants to be sensitive to the neighbors and what they have to see and mixed deciduous and conifers is a year-round barrier and everybody would be much happier with that. Craig asked is that something that could be handled at site plan review. Russett replied yes, that's typically when they would review the landscaping plan, which would be required for this. However, if the Commission wants the condition to be more specific, that could be incorporated. Jim Seyfer (36 Tempe Court) stated he understands the Poor Farms plans are not set in stone but the map that he saw of future development on the Poor Farm, the affordable housing was going to backup to Slothower Road. Someone said earlier, correctly, it was in the southwest corner of the Poor Farm but that's subject to change. He understands but the plan was for that housing to be fairly close to Slothower and south of the southern boundary of the land to be rezoned. He just wanted to bring that up as a possible issue. Hensch closed the public hearing. Signs moved to recommend 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 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 Planning and Zoning Commission October 21, 2021 Page 15 of 18 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. Townsend seconded the motion. Hensch noted his only concern is exactly the same thing Signs brought up about appropriate screening, mostly is out of ignorance with not being really familiar with S3 standards. Signs can totally defer to the City Forester but he doesn't want a six-foot hedge going around this entire boundary as that has very little impact on the view. He'd like to see something much more deciduous and evergreen trees that are 30 feet plus in that mature height. Craig proposes where it says installation of landscaping to the S3 standard along the Slothower Road and IWV Road frontage to state landscaping shall include in addition to the S3 standard, a mix of deciduous and evergreen trees as approved by the City Forester. The Commission's intent is pretty clear, they'd like to see deciduous and coniferous trees. Also they fully understand that in sensitive areas they should not be added there. Hekteon asked if this is in the 350 -foot buffer area or in all areas where S3 screening as required. Craig answered it's in the buffer area. Hensch noted although the motion would just be that the more intense screening would be in the buffer area he also doesn't want to see a wall of arborvitae on the north side either as it is an entrance to Iowa City. Signs amended his motion to add installation of landscaping to the S3 standard shall include a mix of deciduous and evergreen trees as approved by the City Forester. Craig seconded the amendment. A vote was taken on the motion and it passed 5-0 CONSIDERATION OF MEETING MINUTES: OCTOBER 7, 2021: Townsend moved to approve the meeting minutes of October 7, 2021. Signs seconded the motion. A vote was taken and the motion passed 5-0. From: To: Date: Pamela Raymond Heitner 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: To: Cc: Subject: Date: John Bergstrom Raymond Heitner Sherri Bergstrom Case CPA21-0002 SW corner of Slothower Road and IWV Road 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: To: Cc: Subject: Date: James Larimore Raymond Heitner Jim Larimore Opposition to proposed amendment to Comprehensive Plan 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 From: To: Cc: Subject: Date: John Bergstrom Raymond Heitner Sherri Bergstrom; Seyfer, James W IWV/Slothower Road Monday, October 18, 2021 1:07:26 PM Ray, as we discussed, we continue to object to the change in the comprehensive plan and the rezoning at the corner of IWV and Slothower Road. It has been made clear that this change is being made to accommodate MidAmerican Energy with little thought as to how it affects a much greater area. That said, I believe there is a solution that everyone can live with. Move the MidAmerican facility to the 40 acres that IWV partners also owns on the north side of IWV Road. The comprehensive plan and zoning would remain in place on the south side of IWV. On the north side, the facility would be more consistent with the properties immediately to the east. While I cannot speak for the neighborhood to the south of the county farm, I am led to believe this is a solution they might consider to be palatable. Please consider this alternative with your staff. John Bergstrom Sent from Mail for Windows if III ii I I 1 I 1 I of I1 II 1I IIII1II11 II II11 II Doc ID 031762830010 Type: GEN Kind ORDINANCE I r 1 Recorded: 02/02/2022 at 10:57:48 AM Fee Amt: $52.00 Page 1 of 10 c +�-.�®� Johnson County Iowa :III,; st Kim Painter County Recorder MMO�� BK6340 PG190-199 IF istai City of lip A 0 ‘ STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Kellie K. Fruehling, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No.22-4871 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of January, 2022, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 31st day of January 2022. ;rsI C1 'y Kellie K. Fruehling City Clerk x \ord 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5238 (REZ21- 0006) Ordinance No. 72-4871 Ordinance conditionally rezoning approximately 53.36 acres from County Agricultural (A) to Intensive Commercial (CI -1), approximately 17.03 acres from County Agricultural (A) to Interim Development Commercial (ID -C), and approximately 9 acres from Rural Residential (RR -1) to Intensive Commercial (CI -1) for land located west of the intersection of IWV Road SW and Slothower Road. Whereas, the applicant, IWV Holdings, LLC., has requested a rezoning of approximately 53.36 acres from County Agricultural (A) to Intensive Commercial (CI -1), approximately 17.03 acres from County Agricultural (A) to Interim Development Commercial (ID -C), and approximately 9 acres from Rural Residential (RR -1) to Intensive Commercial (CI -1) for land located west of the intersection of IWV Road and Slothower Road; and Whereas, the Comprehensive Plan indicates that the subject area is appropriate for intensive commercial development and vegetative noise and sight buffer in the southern portion of the subject area; and Whereas, the subject property is located within .3 miles of an established residential neighborhood within the city limits; and Whereas, the Comprehensive Plan calls for appropriate transitions between residential neighborhoods and higher intensity commercial development; and Whereas, there is a public need to buffer intensive commercial uses from residential uses to the south; and Whereas, the subject property will have frontage onto Slothower Road; and Whereas, the Comprehensive Plan calls for a collector street within the Slothower Road right- of-way, between Melrose Avenue and Rohret Road; and Whereas, there is a public need to upgrade Slothower Road to collector street standards upon development; and Whereas, the subject property is being annexed into the city limits; and Whereas, the Comprehensive Plan further establishes goals for preserving and enhancing entryways to the City; and Whereas, there is a public need to preserve and enhance aesthetics on City entryways by screening items used for outdoor storage and by implementing specific standards for landscaping along entryway corridors; and Whereas, the Planning and Zoning Commission has determined that, with reasonable conditions regarding satisfaction of public needs through the buffering of intensive commercial Ordinance No. 22-4871 Page 2 uses from existing residential uses, upgrading the subject property's Slothower Road frontage to collector street standards, and the preservation and enhancement of City entryways, the requested zoning is consistent with the Comprehensive Plan. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa that: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified as follows: For the property below, from its current zoning designation of Rural Residential (RR -1) zone to Intensive Commercial (CI -1) zone: 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°00159"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°00159"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. For the property below, from its current zoning designation of County Agricultural (A) zone to Intensive Commercial (CI -1) zone: 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°00159"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 SO0°00159"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. For the property listed below, from its current zoning designation of County Agricultural (A) zone to Interim Development Commercial (ID -C) zone: Ordinance Page 3 '22-11871 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°5327"E, 86.39 feet; Thence S33°02'35"W, 438.62 feet; Thence S22°47'41"W, 655.46 feet; Thence SO4°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°08152E, 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. Section II. Zoning Map, The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law, Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI, Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18th day of 4 9,4 anuary Approved by: , 2022. City Attornels Office (Sara Greenwood Hektoen — 11/09/21) Ordinance No. 22-4871 Page 4 It was moved by Bergus and seconded by Alter that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bergus Mims x Salih Taylor Teague Thomas X Weiner First Consideration 11/30/2021 Vote for passage: AYES: Weiner, Bergus, Mims, Salih, Taylor, Teague, Thomas. NAYS: None. ABSENT: None. Second Consideration 12/14/2021 Vote forpassage: AYES: Mims, Salih, Taylor, Teague, Thomas, Weiner, Bergus. NAYS: None. ABSENT: None. Date published 01 / 27 L2022 Prepared by: Ray Heitner, Associate Planner, 41usWashington, Iowa City, moec4oORszz1-0nos Conditional Zoning Agreement This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and IWV Holdings, LLC. (hereinafter referred to as "Owner), Whereas, Owner is the legal title holder of approximately 79.39 acres of property located west of the intersection of IWV Road SW and Slothower Road, legally described below; and Whereas, the Owner has requested the rezoning of said property to allow for future intensive commercial deveand Whereas, the Comprehensive Plan indicates that the subject area is appropriate for intensive commercial development and vegetative noise and sight buffer in the southern portion of the subject area; and Whereas, the subject property is located within .3 miles of an established residential neighborhood within the city limits; and Whereas, the subjecproperty will have frontage onto lWJ Road and Slothower Road; and Whereas, in order to ensure the long-term health of existing neighborhoods by providing appropriate transitions between residential and intensive commercial areas, upgrading City roadway infrastructure to meet future travel demand, and to preserve and enhance aesthetics on City entryways, this rezoning creates public needs to provide a buffer between the proposed commercial development and existing residential areas to the mouth, upgrade the property's Slothower Road frontage to collector street standards, and to provide enhanced screening along entryway frontages; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding a buffealong the property's south side, dedication of right-of-way along the west side of Slothower Road, improvements to the southern end of any future access off Slothower Road, contribution toward the cost of 25% of future upgrades on Slothower Road, south of any future proposed access, enhanced landscaping along Slothower and IWV Roads, and screening of any loading areas or outdoor storage areas from the Slothower and IWV Road frontages; and Whereas, Iowa CodeG414.5(2O21)prmides that the City ofIowa Citvmay impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. IWV Holdings, LLC. is the legal title holder of the property legally described as: 1 A PORTION OF THE EAST 300 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NDRTH, 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 KVeridhun, Johnson County, Iowa; Thence SOO^00'59YW, 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 Subdiv|e|on, 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 NUO"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 /\oreu, and is subject to easements and restrictions of record. A PORTION OF THE NORTH ONE-HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHP 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 7West, of the Fifth Principal Meridian, Johnson CountyIowa; ThancnS0O^0T5B^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 Subdiviaion, 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 888°45'34'W, along said Easterly Projection and North Line, 300.07 feet, to the Point of Beginning; Thence continuing G88,45`34"VV, along said North Line, 414.99 feet, to the Northwest Corner thereof; Thence SOD~00`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, 1551.41feet; Thence N13"37'32'W,53.1Ofeet; Thence NO4^1A'OQ"E.213.22feet; Thence 022"47'41"E, 665.40 feet; Thence N33"02'35''E. 438.62 feet; Thence NOD"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; Thmnoa8DO"OU'5Q'W, 1307.41 feet, to the Point of Beginning. Said Rezoning Parcel #2 contains 53.36 &cres, and is subject to easements and restrictions of record. 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 N89,08'50^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 800^53'27"E. 86.39 feet; Thence 833^02'35^W, 438.62 feet; Thence 822~47141"VV, 655.46 feet; Thence 804"19'09"Wi 213.22 feet; Thence 813"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 589^03'31^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 NOO°08'52"E, along the West Line of ne+Ha|foftheNorthwoat{2uerterofmaidGoction13;ThenceND0^08'52''E.e|ungthoVVeotLineof the North One -Half of the Northwest Quarter of said Section 13, a distance of 1315.30 feet, to 2 the Point of Beginning. Said Rezoning Parcel #3 contains 17.03 Acres, and is subject to easements and restrictions of record. 2. Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2021) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the Zoning Code, as well as the following conditions: a, Prior to issuance of any building permit, Owner shall plat the property herein rezoned to follow the zoning boundaries. L 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. Landscaping within the buffer easement area shall meet the S3 standards and include a mixture of deciduous and evergreen trees that will be at least 30' tall upon maturity. ii. 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. b. 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: i. 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. ii. Owner shall install landscaping to the S3 standard along the Slothower Road and IWV Road frontages; iii. Improve Slothower Road to the southern end of any future access off Slothower Road. c. 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. 4. The conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2021), and that said conditions satisfy public needs that are caused by the requested zoning change. 3 5. This Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released by the City of Iowa City. Once a building permit is issued or certificate of occupancy is issued, as applicable, the conditions shall be deemed satisfied and no further release will be provided. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties, In the event the subject property is transferred, sold, redeveloped, or subdivided, all development will conform with the terms of this Conditional Zoning Agreement. 6. Nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 7. This Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this 18th day of January st: , Kell' - Fruehling, Cit Cler `:'Approvedby: City Attorney's rJ /2.4 City of Iowa City Acknowledgement: State of Iowa Johnson County ) ss: } , 20 22 IWV Fj s, LLC. 1-111 "Ff By: /two, This instrument was acknowledged before me on CuutLir ) g , 2022 -lay Bruce Teague and Kellie Fruehling as Mayor and City Clerk, respectively, of the Ci1y of Iowa City. Notary Public and for the State o Iowa 4 !WV Holdings, LLC. Acknowledgement: State of 2704/1 County of "lye 1So vt Tjis r ord w cknowledged be r me on kcjultu h.(r /0 , 2021 by (name) as (title) of IVVV Holdings, L.C. Notary Public in ai afor tl tate of Iowa (Stamp or Seal) My commission expires: Rj `I ct 2b22 AMANDAJ WAUGH r Commission Number 749220 My Commission Exp September 19, 20 �. 5 Item Number: 11. 1 4CITY OF IOWA CITY !kr4gi,'�� COUNCIL ACTION REPORT January 18, 2022 Ordinance amending Title 3, "Finance, Taxation and Fees" of the City Code to add a new Chapter, to establish the South District Self -Supported Municipal Improvement District (SSMID) pursuant to the provisions of Chapter 386, Code of Iowa; and providing for the establishment of an operation fund and the levy of an annual tax in connection therewith. (Pass & Adopt) Prepared By: Reviewed By: Wendy Ford, Economic Development Coordinator Eric Goers, City Attorney Fiscal Impact: N/A Recommendations: Staff: Approval Commission: Planning and Zoning Commission recommendation, Nov. 4, 2021 (7-0). Attachments: Petition Map Evaluative Report from P&Z chairperson Notice of Public Hearing Ordinance Executive Summary: The petition met the required threshold of signatures and was forwarded to the Planning and Zoning Commission for their review and recommendation. At its November 4, 2021 meeting, the Commission recommended approval (7-0). Background /Analysis: The purpose of the proposed South District SSMID shall be the undertaking of additional or enhanced services within the district and administration of work to benefit the property within the proposed South District SSMID which includes developing and managing business retention, attraction, marketing, special events and activities, making physical or other improvements designed to improve the image and appearance and hiring an Executive Director to execute the program of work. The City will continue the type and extent of governmental services currently provided and the work of the South District SS MI D will provide new and enhanced services. The maximum rate of tax which is requested to be levied annually for a period of 5 years shall not exceed $5.00 per $1,000.00 of taxable value of the property annually, in addition to all other taxes. The proposed levy shall be distributed to the operation fund. The SS MI D Board will be created and is intended to hire an executive director and direct the activities of the SSMID. The Board will consist of the following voting members: two from property owners or their representatives from a single property within the Proposed District that has an assessed value in excess of 1.0% of the total assessed value of property within the district boundaries; two from property owners or their representatives from a single property within the Proposed District that has an assessed value less than of 1.0% of the total assessed value of property within the district boundaries; two from business owners within the Proposed District that lease more than 3,000 square feet of commercial space; two from business owners within the Proposed District that lease less than 3,000 square feet of commercial space; two from residents of the South District Neighborhood Association; and one from the Pepperwood Plaza parking association. Board membership may also consist of up to four (4) other stakeholders of the Proposed District as voting members of the Board. Board membership may also include ex -officio non-voting members from community development agencies and partners, such as Black Voices Project, Johnson County Interfaith Coalition, LULAC, Iowa City Area Business Partnership, Iowa City Area Development Group, and the City of Iowa City. ATTACHMENTS: Description Jetition Map Evaluative Report from P&Z Notice of Public Hearing Ordinance PETITION To establish the South District Self -Supported Municipal Improvement District (SSMID) pursuant to Chapter 386 of the Code of Iowa. We, the undersigned, being owners of the property within the SSMID boundaries described herein, hereby petition the City Council of Iowa City, Iowa, pursuant to the provisions of Chapter 386 of the Code of Iowa (the "Act") as follows: 1. To establish by ordinance a Self -Supported Municipal Improvement District in Iowa City, Johnson County, Iowa: a. The name of which shall be the "South District Self -Supported Municipal Improvement District" (herein referred to as the "Proposed District"), b. A description of boundaries and map of the Proposed District is attached hereto as Exhibit A. c. The purposes of which shall be the undertaking of actions authorized by the Act and the performance of administration, redevelopment, and revitalization of the Proposed District, as authorized by the Act, any and all of which actions and improvements are intended to benefit the property, businesses, and residents within the Proposed District, including, but not limited to, activities that expand the mix of businesses, increase consumer traffic, enhance beautification and landscaping, and expand civic opportunities within the district. 2. To establish an operation fund for the Proposed District and levy an annual tax (the "Operation Tax") upon the property defined in the Act (excluding property assessed as residential property for property tax purposes) at a maximum levy rate not to exceed five dollars ($5) per one thousand dollars ($1,000) assessed value for a period of five (5) years, commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2022 for the purpose of : (a) paying the administrative and operational expenses of the Proposed District, as defined and authorized in the Act, and (b) paying part or all of the maintenance expenses of "improvements" or "self-liquidating improvements" as defined in the Act with respect to the Proposed District. 3. It is the intent of this Petition that the operation taxes levied and collected on behalf of the Proposed District shall be expended for new, additional, or enhanced services within the Proposed District, and that the City shall not diminish the type and extent of governmental services currently provided. 4. This Petition is not requesting any amount of levy for either a Debt or Capital Fund. 5. To disburse annually all amounts collected in the Operation Fund, for one or more of the following purposes, at such times and under such conditions as shall be recommended to the City Council by a SSMID Advisory Board composed of an executive committee of a board of directors (as described in Section 6). a. Development and management of activities in support of marketing, business retention and attraction, including, but not limited to: i. Database establishment ii. Space referrals and assistance iii. Marketing activities, including media and advertising campaigns and communication materials iv. Miscellaneous business support services v. Establishment and promotion of special events, festivals, and activities vi. Support of urban design and policy development that would enhance the activities within the SSMID; b. Physical or other improvements designed to enhance the image and appearance of the Proposed District, including, but not limited to: i. Lighting Improvements ii. Seasonal and decorative enhancements iii. Signage and banners iv. Landscaping v. Central market development vi. Maintenance/Repairs; c. To hire an Executive Director and, if needed, other support staff who will work for a non-profit Board of Directors to manage the work of the South District SSMID Board and to fulfill the intent of this Petition. 6. It is the intent of this Petition that the City of Iowa City enter into an Operating Agreement with the South District Self -Supported Municipal Improvement District Board (herein referred to as the "Board"). This Proposed Board will be formed and described in the Operating Agreement. All SSMID levy monies shall be appropriated to the Proposed Board for the management and operation of the District. From time to time, the City of Iowa City may provide additional revenue to the Board for the purposes of the management and operation of the District. a. The Board shall establish itself as a 501 (c)(6) non-profit organization. The Board of Directors will be established as described below after passage of the ordinance in order to effectuate an Operating Agreement with the City of Iowa City and establishment of its bylaws. Once the Operating Agreement is established, the receipt of the first SSMID levy reimbursement from the City shall commence. i. Board membership shall consist of voting members: 1. Two from property owners or their representatives from a single property within the Proposed District that has an assessed value in excess of 1.0% of the total assessed value of property within the district boundaries. 2. Two from property owners or their representatives from a single property within the Proposed District that has an assessed value less than 1.0% of the total assessed value of property within the district boundaries. 3. Two from business owners within the Proposed District that lease more than 3,000 square feet of commercial space. 4. Two from business owners within the Proposed District that lease less than 3,000 square feet of commercial space. 5. Two from residents of the South District Neighborhood Association. 6. One from the Pepperwood Plaza parking association. ii. Board membership may consist of up to four (4) other stakeholders of the Proposed District as voting members of the Board. iii. Board membership may consist of ex -officio non-voting members from community development agencies and partners, such as: 1. Black Voices Project; 2. Johnson County Interfaith Coalition; 3. LULAC; 4. Iowa City Area Business Partnership; 5. Iowa City Area Development Group; and 6. City of Iowa City. iv. Board membership shall include the Executive Director as an ex -officio non-voting Board member. v. It is the intent of this Petition that no revenues produced through property taxes imposed specifically for the Proposed District or tax increment financing revenues attributable to the operation tax levy on properties in the Proposed District shall be spent by the City Council without the approval of the Board. b. The initial Board shall be appointed by a diverse group of stakeholders that will include four (4) persons representing: 1. Southgate; 2. South District Neighborhood Association; 3. Multicultural Development Center of Iowa; and 4. MidwestOne Bank. 7. It is the further intent of this Petition that, notwithstanding the fact that the Proposed District is located within the boundaries of a Tax Increment Finance District which has been created by the City, an amount of funds which would be derived from the annual SSMID levy of the Operation Tax against property within the Proposed District if the Proposed District were not located within such Tax Increment Finance Districts shall be made available annually for the services, improvements, and activities set out in this Petition, and that the City should take all actions necessary to accomplish this purpose, including, if necessary, allocation to these services, improvements and activities of a portion of the incremental property taxes which are attributable to properties within the Proposed District. These allocations may be from the SSMID levy or other sources. EXHIBIT A South District SSMID 536 Plum St Euclid Ave 1602 1907 1629 Olympic Ct 545 1067 Southgate Ave 2018 1st 41,0 20182 2ndP 2018 2018 2018 Pepperwood Ln 1059 1055 1051 1049 1045 T fo ea 0 m 1956 2030 2030 1027 925 947 959 1030 1958 2003 2005 2103 2119 2051 2048 802 e 2050 806 a 820 845 2009 2011 N n 2018 This map is intended to serve as an aid in graphic representation only. This information is not warranted or accuracy or other purposes. 15 0 0.1 0.1 831 Cross Park Ave 2010 2020 I S , Ir , di 203 , ,m 44ibaN CITY OF IOWA CITY DESCRIPTION FOR SOUTH DISTRICT SSMID BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, PART OF BLOCK 2 BRAVERMAN CENTER, IOWA CITY, IOWA ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 7, PAGE 20, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1, AND ITS NORTHWESTERLY EXTENSION TO A POINT ON THE CENTERLINE OF BROADWAY STREET; THENCE SOUTH ALONG SAID CENTERLINE OF BROADWAY STREET TO ITS INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTHERLY RIGHT-OF-WAY LINE OF CROSS PARK AVENUE; THENCE WEST ALONG SAID EASTERLY EXTENDED NORTHERLY RIGHT-OF-WAY LINE AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF CROSS PARK AVENUE, TO THE SOUTHEAST CORNER OF LOT 17, OF A PORTION OF BLOCK 1, BRAVERMAN CENTER, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 31, PAGE 137 IN SAID RECORDER'S OFFICE; THENCE NORTH ALONG THE EAST LINE OF LOT 17 AND LOT 16, OF SAID A PORTION OF BLOCK 1, BRAVERMAN CENTER, IOWA CITY, IOWA, TO THE NORTHEAST CORNER OF SAID LOT 16; THENCE WEST ALONG THE NORTHERLY LINE OF SAID LOT 16 AND ITS WESTERLY EXTENSION TO ITS INTERSECTION WITH THE CENTERLINE OF KEOKUK STREET; THENCE NORTH ALONG SAID CENTERLINE OF KEOKUK STREET TO ITS INTERSECTION WITH THE SOUTH LINE OF BRAVERMAN CENTER, LOT 2 OF BLOCK 1 AND BLOCKS 5,6 AND 7, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 8, PAGE 69 IN SAID RECORDER'S OFFICE; THENCE WEST ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER OF LOT 8, BLOCK 7 OF SAID BRAVERMAN CENTER; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 8, BLOCK 7 OF BRAVERMAN CENTER AND ITS NORTHERLY EXTENSION TO THE CENTERLINE OF SOUTHGATE AVENUE; THENCE WEST ALONG SAID CENTERLINE OF SOUTHGATE AVENUE TO ITS INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST LINE OF THE WEST 60 FEET OF LOT 4 OF BLOCK 5 OF THE RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2, IOWA CITY, IOWA ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 19, PAGE 93 IN SAID RECORDER'S OFFICE; THENCE NORTH ALONG SAID SOUTHERLY EXTENDED LINE AND ALONG SAID EAST LINE OF THE WEST 60 FEET OF LOT 4 OF BLOCK 5 AND ALONG THE WEST LINE OF LOT 5 OF BLOCK 5 OF SAID RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF OLYMPIC COURT; THENCE NORTH TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF OLYMPIC COURT, SAID POINT BEING ON THE WEST LINE OF LOT 6 OF BLOCK 5 OF SAID RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 6 OF BLOCK 5 TO THE NORTHWEST CORNER OF SAID LOT 6 OF BLOCK 5 OF THE RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 6 OF BLOCK 5 OF THE RESUBDIVISION OF PORTIONS OF BLOCKS 5 AND 6, BRAVERMAN CENTER, PARTS 1 AND 2, TO ITS INTERSECTION WITH THE WEST LINE OF AUDITOR'S PARCEL 2020034, CITY OF IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 64, PAGE 135 IN SAID RECORDER'S OFFICE; THENCE NORTH ALONG SAID WEST LINE OF AUDITOR'S PARCEL 2020034 AND ITS NORTHERLY EXTENSION, TO ITS INTERSECTION WITH THE CENTERLINE OF THE EAST BOUND LANE OF U.S. HIGHWAY NO.6; THENCE SOUTHEASTERLY, ALONG SAID CENTERLINE OF THE EAST BOUND LANE OF U.S. HIGHWAY 6, TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EAST LINE OF PART OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY, IOWA, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 7, PAGE 20 IN SAID RECORDER'S OFFICE; THENCE SOUTH ALONG SAID NORTHERLY EXTENDED LINE AND ALONG SAID EAST LINE OF PART OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY, IOWA TO THE SOUTHEAST CORNER OF LOT 1, PART OF BLOCK 2, BRAVERMAN CENTER, IOWA CITY TO THE POINT OF BEGINNING. Owner(s) Name (Printed) Signature of Owner(s) or Authorized Representative Address of Property Assessed Value in Proposed SSMID South District SSMID Euclid Ave Southgate Ave Pepperwood Ln 925 947 1059 1055 1926 1051 m 1049 / / 1045 1027 1030 958 2018 2018 2103 2119 D 2018 This map is intended to serve as an aid in graphic representation only. This information is not warranted or accuracy or other purposes. 2048 802 820 2051 c 2050 806 a 1960 2009 2011 N Cross Park Ave 2010 2020 15 831 845 1037 1053 � __ CITY OF IOWA CITY 4: .....ifilv-,k,A,, MEMORANDUM To: City Council From: Mike Hensch, Chair, Planning & Zoning Commission Date: November 5, 2021 Re: Evaluative Report on a Proposed South District Self -Supported Municipal Improvement District (SSMID) Council recently forwarded a petition by property owners within the South District, requesting the creation of the South District Self -Supported Municipal Improvement District (SSMID) as defined by Iowa Code Chapter 386. To be considered by P&Z, the SSMID petition must be signed by at least 25% of the property owners (within the district) representing at least 25% of the assessed value of the proposed district. Staff confirmed the petition meets these two thresholds containing the signatures of 25% of the property owners representing 27.2% of the assessed value within the proposed district. Next, Iowa Code requires P&Z to review the petition for its merit and feasibility and make an evaluative report to the City Council. After the review at its meeting on November 4, 2021, the P&Z Commission recommended approval and forwarding this review to the City Council for their further consideration of the South District SSMID. The following is a review and our determination of the proposed South District SSMID's merit and feasibility. 1. Does the property in the proposed district meet all of the criteria established in Section 386.3(1)? • The South District Self Supported Municipal Improvement petition appears to meet the minimum requirements of Iowa Code Section 386.3(1), which states that a district shall: 1) be compromised of contiguous property, zoned for commercial or industrial uses and be located wholly within the boundaries of the city, 2) be given a descriptive name containing the words "self-supporting municipal improvement district", and 3) be comprised of property related in some manner. • The Proposed District is comprised of contiguous property zoned for commercial use and is within the boundaries of the City of Iowa City. The petition states that the Proposed District is entitled "South District Self Supported Municipal Improvement District. " Finally, the property within the Proposed District is related in that it is physically located in Iowa City, is contiguous, and serves as a commercial hub for the community. 2. Does the petition submitted is sufficiently clear and contains the requisite number of signatures from property owners representing the necessary assessed value of all the taxable property within the proposed district? November 8, 2021 Page 2 • The Proposed District petition provides detailed explanations of the proposed operations of the SSMID and the requirements of SSMID property owners. • Staff has reviewed the petition and verifies the signatures of at least twenty-five percent of all the owners of property within the proposed district have signed the petition, and that these signatures together represent ownership of property with an assessed value of at least twenty-five percent of the assessed value of all of the property in the proposed district per Iowa Code Section 386.3(2)(a). 3. Does the petition sufficiently describe the boundaries of the district or provide a consolidated description of the property contained therein? • The petition provides a legal description of the boundaries of the Proposed District, and a map indicating the parcels of land included within the Proposed District. 4. Is a maximum rate of tax that may be imposed upon the property within the district and the purposes for which it may be levied set forth? • The Proposed District petition establishes a maximum tax rate of $5 per $1,000 of assessed value. This meets the requirement of Iowa Code Section 386.3(2)(d). The petition states the purpose of the tax is to provide new, additional or enhanced services within the Proposed District. 5. Is the purpose of the district is adequately described, as well as any improvements or other project activities that may be the subject of the petition? • As stated in Item 4, the petition states that the purpose of the Proposed District is to provide for new, additional or enhanced services within the Proposed District. In particular, revenues collected for the Proposed District Operating Fund may be used for the following: o Development and management of activities in support of marketing, business retention and attraction, including, but not limited to database establishment, space referrals and assistance, marketing activities, including media and advertising campaigns and communication materials, miscellaneous business support services, establishment and promotion of special events, festivals, and activities, support of urban design and policy development that would enhance the activities within the SSMID. o Physical or other improvements designed to enhance the image and appearance of the Proposed District, including, but not limited to lighting improvements, seasonal and decorative enhancements, signage and banners, landscaping, central market development, and maintenance/repairs. November 8, 2021 Page 3 o To hire an Executive Director and, if needed, other support staff who will work for a non-profit Board of Directors to manage the work of the South District SSMID Board and to fulfill the intent of this Petition. 6. Does the proposed district or improvements conflict in any way with any existing laws, plans or City policies, including comprehensive plans, zoning ordinances, local or regional development plans or programs, local, state or federal laws or regulations or other established special districts? • The operational functions and marketing that can occur under the Proposed District do not appear to conflict with any existing laws, plans or policies. • The Proposed District overlaps with the existing Highway 6 Commercial Urban Renewal Area, which sunsets in 2025. As proposed, the SSMID petition does not conflict with the goals or purposes of the Highway 6 Commercial Urban Renewal Area. • The proposed SSMID district falls into the newly established Highway Commercial Urban Revitalization Area which allows for a three-year 100% property tax exemption on eligible improvements to building value. Property owners continue to pay 100% of their tax bill on the original value. Tax exemptions through this program must be approved by City Council. • It is noted in the petition the intention that, notwithstanding the fact that a part of the proposed SSMID district is located within the Highway 6 Commercial TIF district, the amount of funds which would be derived from the annual SSMID levy from properties within the TIF district be made available annually for the SSMID activities and that the City take all actions necessary to accomplish this purpose, including the allocation of a portion of the incremental property taxes which are attributable to properties within the proposed district. 7. Are the taxes proposed sufficient to pay the anticipated costs or other expenses? • The revenue generated from the proposed SSMID would be approximately $104,000 per year. This amount would be sufficient to hire the Executive Director, and to cover costs associated with marketing campaigns, operational costs, and projects in the Proposed District. 8. Is the formation of the district is consistent with or in furtherance of other identifiable City policies or goals? • Iowa City's Comprehensive Plan notes the importance of thriving retail centers for sustaining residential neighborhoods and employment centers. Neighborhood commercial areas can provide a focal point and gathering place and be within convenient walking distance for the residents in the immediate area. November 8, 2021 Page 4 • The South District Plan states a goal to encourage and support residents, neighborhood organizations, and business and property owners to advocate for the continued improvement of Southside neighborhoods in keeping with the goals of the Comprehensive Plan. Specifically noted is a goal to improve aesthetic appearance of commercial areas along Highway 6 and other commercial streets within the district. • The Proposed District petition states that one of the purposes of the SSMID is to provide physical enhancements, or beautification, to improve the image and appearance of the Proposed District. The review by the Planning and Zoning Commission determines that the petition meets the requirements of Iowa Code Chapter 386, and that: • the operational activities (as defined in Iowa Code Section 386.8) of the Proposed District are appropriate in relation to existing laws, plans and policies, and • that the means to implement the proposal appear reasonably calculated to accomplish the Proposed District objectives. Notice of public hearing Notice of public hearing by the City Council of the City of Iowa City, Iowa, considering a petition to establish a self -supported municipal improvement district within the City of Iowa City, Iowa Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 6:00 p.m., on December 14, 2021 in The Center, 22 S. Linn Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider the creation of a Self -Supported Municipal Improvement District within the city limits. Pursuant to Chapter 386 of the Code of Iowa, herein "Act", a Petition has been filed with the City Council requesting that the City establish a Self -Supported Improvement District as contemplated by Chapter 386 of the Code. The name of the proposed District shall be the "South District Self -Supported Municipal Improvement District". The property to be included in the proposed South District Self -Supported Municipal Improvement District (SSMID) is located within the Pepperwood Plaza area, and currently zoned CC -2 and CI -1, generally south of Highway 6 West, north of Cross Park Avenue, along both sides of Keokuk Street and west of Broadway St, excepting Casey's, which is also included. Said property is legally described as follows: Beginning at the southeast corner of lot 1, part of block 2 Braverman Center, Iowa City, Iowa according to the plat recorded in plat book 7, page 20, in the Records of the Johnson county recorder's office; Thence northwesterly along the southerly line of said lot 1, and its northwesterly extension to a point on the centerline of Broadway Street; Thence south along said centerline of Broadway Street to its intersection with The easterly extension of the northerly right-of-way line of cross park avenue; Thence west along said easterly extended northerly right-of-way line and Along the northerly right-of-way line of cross park avenue, to the southeast corner of lot 17, of a portion of block 1, Braverman Center, Iowa City, Iowa, according to the plat recorded in plat book 31, page 137 in said recorder's office; Thence north along the east line of lot 17 and lot 16, of said a portion of block 1, Braverman Center, Iowa City, Iowa, to the northeast corner of said lot 16; Thence west along the northerly line of said lot 16 and its westerly extension to Its intersection with the centerline of Keokuk Street; Thence north along said centerline of Keokuk Street to its intersection with the South line of Braverman Center, lot 2 of block 1 and blocks 5,6 and 7, according to The plat recorded in plat book 8, page 69 in said recorder's office; Thence west along said south line to the southwest corner of lot 8, block 7 of said Braverman Center; Thence north along the west line of said lot 8, block 7 of Braverman Center and its northerly extension to the centerline of Southgate Avenue; Thence west along said centerline of Southgate Avenue to its intersection with the southerly extension of the east line of the west 60 feet of lot 4 of block 5 of The resubdivision of portions of blocks 5 and 6, Braverman Center, parts 1 and 2, Iowa City, Iowa according to the plat recorded in plat book 19, page 93 in said Recorder's office; Thence north along said southerly extended line and along said east line of the West 60 feet of lot 4 of block 5 and along the west line of lot 5 of block 5 of said Resubdivision of portions of blocks 5 and 6, Braverman Center, parts 1 and 2, to its Intersection with the southerly right-of-way line of Olympic court; Thence north to a point on the northerly right-of-way line of Olympic court, said Point being on the west line of lot 6 of block 5 of said resubdivision of portions of Blocks 5 and 6, Braverman Center, parts 1 and 2; Thence north along the west line of said lot 6 of block 5 to the northwest corner Of said lot 6 of block 5 of the resubdivision of portions of blocks 5 and 6, Braverman Center, parts 1 and 2; Thence east along the north line of said lot 6 of block 5 of the resubdivision of portions of blocks 5 and 6, Braverman Center, parts 1 and 2, to its intersection With the west line of auditor's parcel 2020034, City of Iowa City, Johnson County, Iowa, according to the plat recorded in plat book 64, page 135 in said recorder's Office; Thence north along said west line of auditor's parcel 2020034 and its northerly extension, to its intersection with the centerline of the east bound lane of U.S. Highway 6; Thence southeasterly, along said centerline of the east bound lane of U.S. Highway 6, to its intersection with the northerly extension of the east line of part of block 2, Braverman Center, Iowa City, Iowa, according to the plat Recorded in plat book 7, page 20 in said recorder's office; Thence south along said northerly extended line and along said east line of part of block 2, Braverman Center, Iowa City, Iowa to the southeast corner of lot 1, Part of block 2, Braverman Center, Iowa City to the point of beginning. The purposes of the proposed South District SSMID shall be the undertaking of actions authorized by the Act and include, additional or enhanced services within the district and administration of operational expenses for actions intended to benefit the property within the proposed South District SSMID which include developing and managing business retention, attraction, marketing, special events and activities, making physical or other improvements designed to improve the image and appearance and hiring an Executive Director to execute the program of work. The City will continue the type and extent of governmental services currently provided and the work of the South District SSMID will provide new and enhanced services. The maximum rate of tax which is requested to be imposed and to be levied annually shall not exceed $5.00 per $1,000.00 of taxable value of the "property' in any one year in addition to all other taxes. The proposed levy shall be distributed to the operation fund. All residents may appear and be given an opportunity to express their views for or against the proposed establishment of a self -supported municipal improvement district. Copies of the proposed ordinance and a map of the proposed Iowa City Downtown SSMID area are on file for public examination in the office of the City Clerk, City Hall, 410 E. Washington St., Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. Kellie Fruehling, City Clerk 1k, Wendy Ford, Ec. Dev. Coordinator, 410 E. Washington St., Iowa City, IA 52240; 319-356-5248 Ordinance No.: 22-4872 Ordinance amending Title 3, "Finance, Taxation and Fees" of the City Code to add a new Chapter, to establish the South District Self -Supported Municipal Improvement District (SSMID) pursuant to the provisions of Chapter 386, Code of Iowa; and providing for the establishment of an operation fund and the levy of an annual tax in connection therewith. Whereas, the City of Iowa City is authorized by Chapter 386, Code of Iowa (the "Act") to create a self -supported municipal improvement district in the City, to provide for the existence and operation of such district, to provide for the maintenance of improvements or self-liquidating improvements for such district, and to levy taxes with respect to such district, all as more specifically defined in the Act; and Whereas, a petition (the "Petition") was filed with the City Clerk on October 11, 2021, pursuant to the Act petitioning the City Council to create the South District SSMID (the "Proposed District") to establish an operation fund with respect to the Proposed District, and to levy an annual tax for such fund for a period of five years, all for the purpose of paying the operational expenses of the Proposed District; and Whereas, the Petition is in compliance with the provisions of the Act; and Whereas, on October 19, 2021, the City Council received the Petition and referred it to the City's Planning and Zoning Commission for review in accordance with the Act; and Whereas, on November 16, 2021 the City Council received the report of the City's Planning and Zoning Commission on the merit and feasibility of the Proposed District; and Whereas, on November 16, 2021, the City Council scheduled a public hearing for December 14, 2021, at 6:00 P.M., at which it proposed to take action for the establishment of the Proposed District, and did direct that notice of such hearing be given in accordance with the Act; and Whereas, notice of the hearing was published in the Iowa City Press Citizen on November 22, 2021, and a copy of such notice was mailed by certified mail on November 20, 2021 to all the owners of record of real property located within the Proposed District as shown by the records of the Johnson County Auditor, in satisfaction of the notice requirements of the Act; and Whereas, at the aforementioned time and place, the City Council did meet and hear all owners of property in the Proposed District and residents of the City desiring to express their views with respect to the establishment of the Proposed District; and Whereas, on December 14, 2021, the City Council closed the public hearing on the creation of the Proposed District and found that the Petition and the Proposed District satisfied the applicable requirements imposed by the Act; and Ordinance No. 22-4872 Page 2 Whereas, prior to adoption of this ordinance, more than thirty days will have passed since the public hearing on the creation of the Proposed District was closed, and a petition containing the requisite number of signatures that would require the matter to be withdrawn from Council consideration has not been filed with the City Clerk opposing the creation of the Proposed District. Now therefore, be it ordained, by the City Council of the City of Iowa City, Iowa, Section I. That a new Chapter 8 entitled "South District Self -Supported Municipal Improvement District" shall be added to Title 3, "Finances, Taxation and Fees" of the City Code, as follows: 1. In accordance with Iowa Code Chapter 386 ("the Act") there is hereby established and created in the City of Iowa City, a self -supported municipal improvement district as defined in the Act, the name of which shall be the "South District Self -Supported Municipal Improvement District" (herein the "South District SSMID"), 2. The South District SSMID shall include all property within the following described boundaries: Beginning at the southeast corner of Lot 1, part of Block 2 Braverman Center, Iowa City, Iowa according to the plat recorded in Plat Book 7, page 20, in the Records of the Johnson County Recorder's office; Thence northwesterly along the southerly line of said Lot 1, and its northwesterly extension to a point on the centerline of Broadway Street; Thence south along said centerline of Broadway Street to its intersection with the easterly extension of the northerly right-of-way line of Cross Park Avenue; Thence west along said easterly extended northerly right-of-way line and along the northerly right-of-way line of Cross Park Avenue, to the southeast corner of Lot 17, of a portion of Block 1, Braverman Center, Iowa City, Iowa, according to the plat recorded in Plat Book 31, Page 137 in said Recorder's office; Thence north along the east line of Lot 17 and Lot 16, of said a portion of Block 1, Braverman Center, Iowa City, Iowa, to the northeast corner of said Lot 16; Thence west along the northerly line of said Lot 16 and its westerly extension to its intersection with the centerline of Keokuk Street; Thence north along said centerline of Keokuk Street to its intersection with the South line of Braverman Center, Lot 2 of Block 1 and Blocks 5, 6 and 7, according to the plat recorded in Plat Book 8, Page 69 in said Recorder's office; Thence west along said south line to the southwest corner of Lot 8, Block 7 of said Braverman Center; Thence north along the west line of said Lot 8, Block 7 of Braverman Center and its northerly extension to the centerline of Southgate Avenue; Thence west along said centerline of Southgate Avenue to its intersection with the southerly extension of the east line of the west 60 feet of Lot 4 of Block 5 of the resubdivision of portions of Blocks 5 and 6, Braverman Center, Parts 1 and 2, Iowa City, Iowa according to the plat recorded in Plat Book 19, Page 93 in said Recorder's office; Thence north along said southerly extended line and along said east line of the West 60 feet of Lot 4 of Block 5 and along the west line of Lot 5 of Block 5 of said resubdivision of portions of Blocks 5 and 6, Braverman Center, Parts 1 and 2, to its intersection with the southerly right-of-way line of Olympic Court; Thence north to a point on the northerly right- of-way line of Olympic Court, said point being on the west line of Lot 6 of Block 5 of said resubdivision of portions of Blocks 5 and 6, Braverman Center, parts 1 and 2; Thence north along the west line of said Lot 6 of Block 5 to the northwest corner of said Lot 6 of Block 5 Ordinance No. 22-4872 Page 3 of the resubdivision of portions of Blocks 5 and 6, Braverman Center, Parts 1 and 2; Thence east along the north line of said Lot 6 of Block 5 of the resubdivision of portions of Blocks 5 and 6, Braverman Center, Parts 1 and 2, to its intersection with the west line of Auditor's Parcel 2020034, City of Iowa City, Johnson County, Iowa, according to the plat recorded in Plat Book 64, page 135 in said Recorder's Office; Thence north along said west line of Auditor's Parcel 2020034 and its northerly extension, to its intersection with the centerline of the east bound lane of U.S. Highway 6; Thence southeasterly, along said centerline of the east bound lane of U.S. Highway 6, to its intersection with the northerly extension of the east line of part of Block 2, Braverman Center, Iowa City, Iowa, according to the plat recorded in Plat Book 7, Page 20 in said Recorder's office; Thence south along said northerly extended line and along said east line of part of Block 2, Braverman Center, Iowa City, Iowa to the southeast corner of Lot 1, Part of Block 2, Braverman Center, Iowa City to the point of beginning. 3. It is hereby found and determined that all property within the South District SSMID is similarly related so that the present and potential use or enjoyment of the property is benefitted by the condition, performance of administration, redevelopment, revitalization and maintenance of the South District SSMID and the owners of property in the South District SSMID have a present and potential benefit from the condition, performance of administration, redevelopment, revitalization and maintenance of the South District SSMID. 4. Pursuant to the provisions of the Act, there is hereby established and created a self - supported municipal improvement district operation fund with respect to the South District SSMID to be known as the "South District Self -Supported Municipal Improvement District Operation Fund" (herein the "Operation Fund"), for which the City may certify taxes, against the property within the South District SSMID, to the extent allowed by the Act, each year (the "Operation Tax"), in addition to all other taxes, commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2022 for the purposes of paying the administrative and operational expenses of the district, as defined and authorized in the Act and this Ordinance, or paying part or all of the maintenance expenses of "improvements" or "self-liquidating improvements", as defined in the Act, for a period of five (5) years. 5. The City may disburse the amounts in the Operation Fund to a South District SSMID Advisory Board, pursuant to an agreement between the City and said Board ("Operating Agreement"), for one or more of the following purposes: A. Develop and manage activities in support of marketing, business retention and attraction, including but not limited to: 1. Database establishment; 2. Space referrals and assistance; 3. Marketing activities, including media and advertising campaigns and communication materials; 4. Miscellaneous business support services; 5. Establishment and promotion of special events, festivals, and activities; and 6. Support of urban design and policy development that would enhance the activities within the South District SSMID. Ordinance No. 22-4872 Page 4 B. Physical or other improvements designed to enhance the image and appearance of the South District, including but not limited to: 1. Lighting improvements; 2. Seasonal and decorative enhancements; 3. Signage and banners; 4. Landscaping; 5. Central market development; and 6. Maintenance and repairs. C. Hire an Executive Director and other support staff, as may be necessary, who will work for the Advisory Board to manage the work of the South District SSMID and to fulfill the purposes of the district. 6. The rate of the Operation Tax to be levied annually, in addition to all other taxes, as aforesaid, shall not exceed a rate of five dollars ($5) per one thousand dollars ($1,000) of taxable value, commencing with the levy of taxes for collection in the five fiscal years. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 1g th day of January Attest: Mayor ,2072 Approved by City Attorney Office — 12/08/2021 Ordinance No. 22_4872 Page 5 It was moved by Weiner and seconded by Thomas the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Alter Bergus X Harmsen X Taylor x Teague X Thomas X Weiner First Consideration 12/14/2021 that Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Weiner, Mims. NAYS: None. ABSENT: None. ABSTAIN: Bergus. Second Consideration 01/04/2022 Vote for passage: AYES: Thomas, Alter, Harmsen, Taylor, Teague, Weiner. NAYS: None. ABSENT: None. ABSTAIN: Bergus. Date published 01/27/2022 Item Number: 12. 4CITY OF IOWA CITY !kr4gi,'�� COUNCIL ACTION REPORT January 18, 2022 Ordinance amending Title 8, entitled "Police Regulations," Chapter 8, entitled "Community Police Review Board," to increase the composition of the board from five members to seven members. (Second Consideration) Prepared By: Susan Dulek, Assistant City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: None Recommendations: Staff: Approval Commission: CPRB approved a draft ordinance at its 12/13/21 meeting to increase the Board to 7 members and to eliminate the 5 -year waiting period for I CPD officers. Attachments: Memo from City Manager Draft Minutes from 12/13/21 CPRB meeting Letter from CPRB to City Manager Ordinance Executive Summary: The CPRB recommended to Council that the board be expanded from 5 to 7 or 9 members. At the Oct. 19 work session, Council directed staff to draft an ordinance increasing the membership to 7. This ordinance also decreases the 5 -year waiting period before a former member of the Police Dept. may be appointed to 2 years. Background /Analysis: Resolution No. 20-159 entitled "Resolution of Initial Council Commitments addressing Black Lives Matter Movement and Systemic Racism in the wake of the murder of Georg e Floyd by the Minneapolis Police and calls for action from protesters and residents" contained 17 action items. The action item in Paragraph 8 was a request to the CPRB for a "report and recommendation ... regarding changes to the CPRB ordinance that enhance its ability to provide effective civilian oversight of the ICPD...." The CPRB submitted a list of recommendations to City Council in a memo dated Dec. 22, 2020 which included increasing the membership from 5 to 7 or 9 as well as emphasizing membership include a current or former member of law enforcement. Council discussed this recommendation at its Oct. 19, 2021 work session and directed staff to draft an ordinance increasing the membership to 7 with an emphasis on a member representing law enforcement. In addition to increasing the membership to 7, the ordinance also decreases the 5 -year waiting period for a former member of the ICPD to be appointed to 2 years. When the CPRB was created in 1997, there was no such waiting period, but in 2003 the Council became concerned about possible conflicts with current or recently employed ICPD officers and added the 5 -year waiting period. The waiting period limits the pool of law enforcement applicants. A draft ordinance was provided to the CPRB for comment along with a cover memo from the City Manager. The CPRB discussed the proposed ordinance at its Dec. 13, 2021 meeting and recommended that Council approve it. The draft ordinance eliminated the 5 -year waiting period. At its Jan. 4 meeting, Council amended the proposed ordinance by decreasing the waiting period to 2 years rather than eliminating it altogether. The ordinance also corrects an oversight in Ordinance No. 21-4857 that lengthened the time period to file a complaint from 90 to 180 days after the alleged misconduct. A provision at Section 8-8-3E also should have been amended to 180 days. ATTACHMENTS: Description memo minutes letter ordinance =__sdr CITY OF IOWA CITY MEMORANDUM Date: November 23, 2021 To: Community Police Review Board From: Geoff Fruin, City Manager Re: Community Police Review Board (CPRB) Expansion On December 22nd, 2020 the CPRB sent the City Council a memo containing thirteen recommendations. One of the outstanding recommendations that you presented to the City Council was to expand membership of the CPRB from five members to seven or nine members. Specifically, your memo stated: "The CPRB requests to change its membership from the current five -member -board to having seven or nine members. In selecting from candidates for the CPRB, an emphasis shall be placed on persons being of a minority race, requiring at least four of the members shall be from a minority race. Further, it should be made mandatory that at least one member be a current or former member of the police force or otherwise considered an expert in police procedures and/or police policies." At its October 19, 2021 work session, the City Council discussed this recommendation and directed staff to prepare an ordinance that would expand membership to seven members. The City Council concurred with the CPRB's emphasis on the importance of both a diverse membership and the inclusion of a police professional. However, it was decided that mandating such diversity or police professional experience may be problematic, particularly if application pools for future openings are limited. The City Council felt comfortable indicating the strong preference for both objectives knowing that it is the elected leadership's final decision to appoint members to the board. Attached to this memo is a draft ordinance that expands membership to seven members. The draft maintains language that "The City Council shall strive to appoint members who represent the diversity of the community." While the CPRB recommended that at least one member be a current or former member of the police force, there are potential complexities with having a current peace officer employed by Iowa City as a voting member of the CPRB. In order to more successfully attract police professionals, the draft ordinance does strike an existing requirement that an officer be removed from the department for a minimum of five years. Thus, under the draft ordinance a recently retired peace officer may apply and be eligible to serve on the CPRB. Such appointment is not mandatory as the draft ordinance maintains language that the "The City Council also reserves the right, for good cause shown, to waive the requirement that the board include one current or former peace officer." It is important to note that Board composition has been the subject of discussion since the CPRB was created in 1997. The initial ordinance language included that the "Board shall include one current or former `peace officer" as the term is defined by state law" and gave the City Council the ability to waive that requirement for 'good cause'. However, in 2003 the Council became concerned about possible conflicts with current or recently employed peace officers from the Iowa City Police Department. Thus, they amended the ordinance to prohibit the appointment of a current Iowa City peace officer or one that has been employed by the City of Iowa City within five years. The CPRB and City Council have recently agreed that is important to have a peace officer perspective on the Board. The current ordinance significantly limits the pool of peace officer applicants and, given the expansion to seven members appears imminent, it seems very reasonable to drop the prohibition on recently employed peace officers. However, I do recommend that current peace officers employed by the City of Iowa City still be explicitly prohibited from serving on the CPRB. The draft ordinance will be presented to the City Council for consideration after the CPRB has an opportunity to review and comment on the proposal. Thank you for your continued service to the Iowa City community and for your ongoing advocacy to make positive changes to the current CPRB framework. Attachments: Draft Ordinance for CPRB Comment Draft COMMUNITY POLICE REVIEW BOARD MINUTES — December 13, 2021 CALL TO ORDER: Orville Townsend called the meeting to order at 5:30 p.m. MEMBERS PRESENT. Amanda Nichols (6:07 electronically), Jerri MacConnell, Saul Mekies, Orville Townsend MEMBERS ABSENT: Theresa Seeberger STAFF PRESENT: Staff Chris Olney/Kellie Fruehling, Legal Counsel Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Police Chief Dustin Liston, City Council Member Joah Seelos, Law Enforcement Liaison Janice Weiner, CPRB Liaison Motion by Townsend, seconded by MacConnell to have Townsend act as temporary Chair in Nichols absence. Motion carried 3/0, Nichols, Seeberger absent. RECOMMENDATIONS TO COUNCIL (1) Accept CPRB #20-02 Report (2) Accept CPRB #20-05 Report (3) Accept CPRB #20-06 Report (4) Accept CPRB #20-07 Report (5) Accept CPRB #20-08 Report CONSENT CALENDAR Motion by Mekies, seconded by MacConnell, to adopt the consent calendar as presented. • Minutes of the meeting on 11/9/21 • ICPD General Order 21-02 (Crisis Intervention) • ICPD Use of Force Review/Report October • Correspondence from Kenn Bowen, Sabri Rose Sky, Pat Bowen, Zach Krisl, Kevo Rivers, Stephany Hoffelt, Ann Houlahan, Maureen Vasile, Iowa City Catholic Worker Motion carried, 3/0, Nichols, Seeberger absent. NEW BUSINESS Meet Law Enforcement Liaison, Joah Seelos Chief Liston explained part of the City's plan to restructure the police department was to add a Law Enforcement Mental Health Liaison. This person would assist the ICPD when responding to calls involving people experiencing a mental health crisis. Chief Liston introduced Law Enforcement Liaison, Joah Seelos. CPRB December 13, 2021 Draft Seelos provided information regarding his professional and educational background as a mental health professional. Seelos explained his position as a law enforcement mental health liaison was to provide an alternative response and intervention for those experiencing a mental health crisis. Seelos noted he is employed at CommUnity but is stationed at Iowa City Police Department. He responds to calls for service to help those individuals experiencing mental health crisis. He provides follow up, resources for individuals and family members. He explained the goal of the partnership with the ICPD, and CommUnity is to best serve and avoid unnecessary arrests, reduce repeat 911 calls, decrease law enforcement contact, and connect community members to available resources. MacConnell asked if police officers were called first and then notified Seelos. Seelos explained that Law Enforcement was called first and if they access the situation as something needing a mental health professional, then Johnson County dispatch would notify him to respond. Townsend said he liked that follow ups were being done. Seelos explained that follow up with clients is an essential aspect of providing mental health assistant and sometimes it was easier for a person to talk to a social worker vs a police officer. Ford asked Chief Liston if there was data on percentage of times for a call for service where Seelos was called out. Chief Liston explained that data was being collected by ICPD and CommUnity, however since it was a new program started in July it would be awhile before it would be available. He added that ICPD would look into expanding the programs coverage in the future. Discussion CPRB Advisory/Review Board Role Townsend noted he had requested the discussion to be added to the agenda but would like to table the item until a later date to still be determined. The Board agreed to table discussion. OLD BUSINESS Discussion of CPRB Recommendations to the City Council Townsend asked Board members if they had any comments regarding the CPRB expansion memo and draft ordinance amendment included in the meeting packet. MacConnell stated she felt the CPRB should not be expanded to seven members, noting this would extend the meeting time and could also cause more conflicts amongst members. Ford explained that the Board had previously approved the recommendation to expand membership from five -member -board to seven. This was part of CPRB's recommendations for changes submitted to City Council. The draft ordinance change is for the Board to review the language prior to being sent to City Council. Motion by Townsend, seconded by Mekies to direct staff to send letter to City Manager stating the Board reviewed and approved of the language in the draft ordinance amendment. AYES: Mekies, Townsend. NAYS: None. ABSTAIN: MacConnell. ABSENT: Nichols, Seeberger. Motion Carried, 2/0/1/2. PUBLIC DISCUSSION None. COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5043 December 14, 2021 Geoff Fruin, City Manager 410 East Washington Street Iowa City, IA 52240 RE: Draft Ordinance — Increase CPRB Members Dear Mr. Fruin, The CPRB met on December 14 to discuss your letter regarding the draft ordinance change. The Board reviewed and approved of the language and would also like to express their appreciation. Regards, Chris Olney Community Police Review Board staff representative Cc: City Attorney's Office Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Ordinance No. Ordinance amending Title 8, entitled "Police Regulations," Chapter 8, entitled "Community Police Review Board," to increase the composition of the board from five members to seven members. Whereas, Resolution No. 20-159 entitled "Resolution of Initial Council Commitments addressing Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by the Minneapolis Police and calls for action from protesters and residents" contained 17 actions items; and Whereas, the action item in Paragraph 8 was a request to the Community Police Review Board (CPRB) for a "report and recommendation ... regarding changes to the CPRB ordinance that enhance its ability to provide effective civilian oversight of the ICPD..."; and Whereas, the CPRB submitted a list of recommendations to City Council in a memo dated December 22, 2020; and Whereas, it is in the City's interest to enact a recommendation to increase the size of the board from five (5) members to seven (7) members with emphasis on having a member representing law enforcement; and Whereas, Ordinance No. 21-4857 amended Section 8-8-3D to lengthen the time period to file a complaint from 90 to 180 days after the alleged misconduct; and Whereas, a related provision at Section 8-8-3E also should have been amended to 180 days, and it is in the City's interest to correct this oversight. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 8, entitled "Police Regulations," Chapter 8, entitled "Community Police Review Board," Section 3, entitled "Definition of Complaint; Complaint Process in General," Subsection E is amended by adding the underscore text and deleting the strike -through text as follows: E. Only those complaints to the board which do not involve the conduct of an Iowa City sworn police officer or are not filed within ninety (90) one hundred eighty (180) days of the alleged misconduct may be subject to summary dismissal by the board. 2. Title 8, entitled "Police Regulations," Chapter 8, entitled "Community Police Review Board," Section 8, entitled "Board Composition; Limited Powers of Board," Subsection Al is amended by adding the underscore text and deleting the strike - through text as follows: 1. The board shall consist of five (5) seven (7) members appointed by the City Council, who shall be Iowa City eligible electors and shall serve without compensation. The City Council shall strive to appoint members who represent the diversity of the community. Appointments to the board shall include one current or former "peace officer" as that term is defined by State law, except that a peace officer employed as such by the City of Iowa City within five (5) two (2) years of the appointment date shall not be appointed to the board. The City Council reserves the right to waive the residency requirement for good cause shown. The City Council also reserves the right, for good cause shown, to waive the requirement that the board include one current or former peace officer. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2022. Mayor Attest: City Clerk Approved by City Attor (Sue Dule22) — 01/06/20 Ordinance No. Page It was moved by and seconded by the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter Bergus Harmsen Taylor Teague Thomas Weiner that First Consideration 01/04/2022 Vote for passage: AYES: Weiner, Alter, Bergus, Harmson,Taylor,Teague,Thomas NAYS: None. ABSENT: None. Second Consideration 01/18/2022 Vote for passage: AYES: Taylor, Teague, Weiner, Thomas, Alter, Harmsen,Bergus NAYS: None. ABSENT: None. Date published Item Number: 13. , CITY OF IOWA CITY ,!47 COUNCIL ACTION REPORT January 18, 2022 Ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmer's Market," to require all vendors to carry insurance. (First Consideration) Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Geoff Fruin, City Manager Juli Seydell Johnson, Director Parks & Rec Fiscal Impact: none Recommendations: Staff: Approval Commission: N/A Attachments: ordinance Executive Summary: The ordinance requires all vendors at the Farmers Market to carry insurance. Background /Analysis: The City Code currently requires only grilling vendors to carry liability insurance. This ordinance will require all vendors to carry insurance to ensure a level of protection for both the vendors and customers in case of potential claims due to the actions of a vendor. The amount of insurance will be determined by the City Risk Manager. The insurance requirement is consistent with vendor requirements of other farmer markets held in municipalities similar in size to Iowa City. ATTACHMENTS: Description ordinance i'i Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. Ordinance amending Title 10 of the City Code, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmer's Market," to require all vendors to carry insurance. Whereas, the City Code currently requires only grilling vendors to carry liability insurance in an amount determined by the City Risk Manager; and Whereas, it is in the City's interest to require all vendors to carry liability insurance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Amendments. 1. Title 10, entitled "Use of Public Ways and Property," Chapter 11, entitled "Farmers Market," Section 3, entitled "Standards for Granting or Denying Authorization," Subsection E is hereby amended by adding the underscore text and deleting the strike -through text as follows: E. Grilling vendor requirements enly: 1. The grilling vendor has obtained insurance in a reasonable amount necessary to minimize risk of harm to persons and property based on the intended use, as determined by the city's risk manager. 2. The persen vendor has obtained all necessary permits required by the Johnson County Health Department. 3. Such other requirements as the director may establish in the administrative rules. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2022. Mayor Attest: City Clerk Approved by City Attorroy's Office (Sue Dulek — 01/07/2022) Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter Berg us Harmsen Taylor Teague Thomas Weiner First Consideration nt /t R/7n72 Vote for passage: AYES: Teague, Thomas, Bergus, Harmsen, Weiner, Taylor, Alter NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published Item Number: 14. 1 4CITY OF IOWA CITY !kr4gi,'�� COUNCIL ACTION REPORT January 18, 2022 Ordinance amending Title 3, "Finance, Taxation and Fees", Chapter 7, "Iowa City Downtown Self -Supported Municipal Improvement District", Section 4 "Operation Fund" of the City Code to conform to amendments in Iowa Code Chapter 386 regarding multi -residential properties. (First Consideration) Prepared By: Sara Greenwood Hektoen, Assistant City Attorney Reviewed By: Geoff Fruin, City Manager Fiscal Impact: No impact Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: Since adopting the Downtown SS MI D ordinance in 2015, properties classified as multi -residential for property tax purposes have been assessed and have paid the SS MI D tax levy. Pursuant to state code, the SSMID tax has not been levied against property assessed as residential property. Recent state code changes reclassified multi -residential properties as residential, but gave the City the authority to continue levying the SSMID tax against such properties. This amendment is appropriate to track the state code changes, thus preserving the status quo. Background /Analysis: ATTACHMENTS: Description ordinance IH. Sara Greenwood Hektoen, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030 Ordinance No.: Ordinance amending Title 3, "Finance, Taxation and Fees", Chapter 7, "Iowa City Downtown Self -Supported Municipal Improvement District", Section 4 "Operation Fund" of the City Code to conform to amendments in Iowa Code Chapter 386 regarding multi -residential properties. Whereas, the City of Iowa City adopted ordinance 15-4649 on December 15, 2015, to provide for the existence and operation of the Downtown Self -supported Municipal Improvement District (Downtown SSMID), to provide for the maintenance of improvements or self-liquidating improvements for such district, and to levy taxes with respect to such district, all as more specifically defined in Iowa Code Chapter 386 "Self -Supported Municipal Improvements Districts" (the Act); and Whereas, as declared in Section 3-7-3, all property within the district is similarly related so that the present and potential use or enjoyment of the property is benefited by the condition, performance of administration, redevelopment, revitalization and maintenance of the district and the owners of property in the district have a present and potential benefit from the condition, performance of administration, redevelopment, revitalization and maintenance of the district; and Whereas, pursuant to the Act, the SSMID tax has not been levied against property assessed as residential property for property tax purposes; and Whereas, pursuant to Iowa Code Chapter 441, multi -residential properties were not assessed as residential property for property tax purposes and thus the SSMID tax has been levied against such properties in accordance with the Act; and Whereas, House File 418 amended Iowa Code Chapter 441 and 386 to reclassify these properties as residential for property tax purposes but to allow cities the right to continue levying the SSMID tax against such properties; and Whereas, to conform with the intention of House File 418 and preserve the status quo so that the purposes of the SSMID may be realized, it is in the public interest to amend the ordinance. Now therefore, be it ordained, by the City Council of the City of Iowa City, Iowa, Section I. Iowa City Code of Ordinances Section 3-7-4 "Operation Fund" is hereby amended by striking or adding language as follows: Pursuant to the provisions of the Act, there is hereby established and created a Self - supported Municipal Improvement District Operation Fund with respect to the District to be known as the "Iowa City Downtown Self -supported Municipal Improvement District Operation Fund" (herein the "Operation Fund"), for which the City may certify taxes (the "Operation Tax") against the property, as defined in the Act (excluding property arcccced as residential property for property tax purposes), within the district (the "property") each year, in addition to all other taxes, commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2016, for the purposes of paying the administrative and operational expenses of the district, as defined and authorized in the act or paying part or all of the maintenance expenses of "improvements" or "self-liquidating improvements", as defined in the act, for a period of ten (10) years. Property assessed as residential property for property tax purposes is exempt from the tax levied under this Chapter except property classified as residential property under section 441.21, subsection 14, paragraph "a", subparagraph (6). Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of 20 . Mayor Attest: City Clerk Approved by J City Attorndy's Office (Sara Greenwood-Hektoen — 01/12/2022) Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Alter Bergus Harmsen Taylor Teague Thomas Weiner First Consideration 01/18/9n97 Voteforpassage: AYES: Thomas, Bergus, Harmsen, Weiner, Taylor, Alter, Teague NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published