HomeMy WebLinkAbout08-22-2024 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT
Thursday, August 22, 2024 — 5:15 PM
City Hall, 410 East Washington Street
Emma Harvat Hall
REVISED
Agenda:
1. Call to Order
2. Roll Call
3. Special Exception Item
a. EXC24-0003: An application submitted by Harvest Preserve Foundation, Inc.
requesting a special exception to allow a religious/private group assembly
use in an Interim Development Single Family Residential (ID-RS) zone at 1645
N Scott Boulevard. (EXC24-0003)
4. Discussion of Bylaws
5. Consideration of Meeting Minutes: April 10, 2024
6. Board of Adjustment Information
7. Adjournment
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contact Parker Walsh, Urban Planning at 319-356-5238 or at pwalsh@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: September 11 / October 9 / November 13
Informal: Scheduled as needed.
IOWA CITY BOARD OF ADJUSTMENT
DATE:A—LAciu5--r
EMMA J. HARVAT HALL
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August 22, 2024
Board of Adjustment Meeting
EXC24-0003
ITEM 3A ON THE AGENDA
Staff Report
Prepared by Staff
STAFF REPORT
To: Board of Adjustment
Item: EXC24-0003 1645 N Scott. Blvd
GENERAL INFORMATION:
Prepared by: Parker Walsh, Associate Planner
Date: August 22, 2024
Applicant/Owner Julie Decker
Harvest Preserve Foundation, Inc
IulieCo.harvestpreserve.org
Contact: Brock Heller
MMS Consultants
b.heller(a)mmsconsultants.net
Requested Action: Approval of a special exception to allow a
Religious/Private Group Assembly use in an Interim
Development Single Family Residential Zone
Purpose:
Location:
Location Map:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
To construct a building that supports programs and
Harvest Preserve Members
1645 N Scott Boulevard
Approximately 100 acres
Private Open Space; Interim Development Single
Family Residential
North: Interim Development Single Family
Residential (ID-RS)
1
East: Interim Development Single Family
Residential (ID-RS)
South: Residential; Low Density Single Family
Residential with a Planned Development
Overlay (OPD/RS-5)
West: Residential; Low Density Single Family
Residential (RS-5)
Applicable Code Sections: 14-413-3A: General Approval Criteria
14-4B-4D-17 Religious/Private Group Assembly In
ID-RS, RS-5, RS-8, RS-12, And RNS-12 Zones:
File Date:
May 10, 2024
BACKGROUND:
The applicant, Harvest Preserve Foundation, Inc., is requesting a Special Exception to allow a
Religious/Private Group Assembly use at 1645 N Scott Boulevard in order to construct a building
intended to support the outdoor focused programs, provide a comfortable and safe indoor space,
provide an indoor location for classes and trainings, and have year round restrooms. The property
is zoned Interim Development Single Family Residential and is used primarily as Private Open
space for Harvest Preserve members. Attachments 1 and 2 include an aerial image and zoning
exhibit of the subject property.
Harvest Preserve Foundation, Inc. was established in 2005 as a non-profit corporation. According
to the Harvest Preserve Foundation, Inc. website, the organization is "dedicated to restoring and
maintaining native Iowa prairie and woodlands, preserving healthy aquaculture and cultivating
public awareness, appreciation and participation". The Preserve maintains approximately 100
acres of land that has been placed within a conservation easement with the Iowa Natural Heritage
Foundation (Attachment 3). This easement agreement is not enforced by the City. However, the
conservation easement does outline the ability to construct buildings within the designated buildable
areas; the proposed building location being within a buildable area.
Use of the property by the Harvest Preserve Foundation, Inc. for meeting space for members and
facilities for a private nonprofit is categorized in the Zoning Code as a private group assembly use
(see 14-4A-61). Such uses typically restrict access to the general public, and own, lease, or hold
property in common for the benefit of its members. Examples include religious institutions; private,
nonprofit meeting halls, clubs, associations; or nonresidential fraternal organizations. A private
group assembly use requires a special exception to operate in the ID-RS zone. The interim
development zone is the default zoning district to which all undeveloped areas should be classified
until city services are provided. Upon provision of city services, the city or the property owner may
initiate rezoning to zones consistent with the comprehensive plan, as amended.
The applicant conducted a Good Neighbor meeting on May 29, 2024. A Summary of the meeting
is included in Attachment 3.
ANALYSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare;
to conserve and protect the value of property throughout the city; and to encourage the most
appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of
property in a manner that does not intrude upon adjacent property. The Board may grant the
requested special exception if the requested action is found to be in accordance with the specific
criteria included in Section 14-413-41D-17, pertaining to Religious/Private Group Assembly uses in
ID-RS zones, as well as the general approval criteria in Section 14-413-3A.
For the Board of Adjustment to grant this special exception request, each of the following criterion
below must be met. The burden of proof is on the applicant, and their comments regarding each
criterion may be found on the attached application. Staff comments regarding each criterion are
set below.
Specific Standards: 14-4B-4D-17: Religious/Private Group Assembly in ID-RS Zones
a. The following setbacks are required in lieu of the setbacks specified in the base
zone. However, the board of adjustment may reduce these setbacks, subject to the
approval criteria for setback adjustments as specified in subsection 14-2A-4-B5,
"Adjustments To Principal Building Setback Requirements", of this title.
(1) Front: Twenty feet (20').
(2) Side: Twenty feet (20').
(3) Rear: Fifty feet (50').
FINDINGS:
• The proposed building exceeds the front, side, and rear setback requirements. The
building is located along the curved property line with the front/side setback
proposed being 181.40' from North Scott Boulevard. The proposed building is
approximately 778' from the western property line. A rear setback is not shown as
the building is approximately 2,750' from the rear property line.
b. The proposed use will be designed to be compatible with adjacent uses. The board
of adjustment will consider aspects of the proposed use, such as the site size, types
of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and
location and amount of paved areas. The board of adjustment may deny the use or
aspects of the use that are deemed out of scale, incompatible, or out of character
with surrounding residential uses, or may require additional measures to mitigate
these differences. Additional requirements may include, but are not limited to,
additional screening, landscaping, pedestrian facilities, setbacks, location and
design of parking facilities, and location and design of buildings.
FINDINGS:
• The subject property is bordered by RS-5 to the west and OPD/RS-5 to the south.
To the west, single family development is ongoing and nearing completion, while
to the south development on 65 single family lots is beginning to take place. To the
north and east across N Scott Blvd. the properties are zoned ID-RS.
• The proposed use is located in a building that can be accessed by members and
those attending programs or camps on the property for leisure activities or
education. The use will provide shelter to members during extreme weather
events, as well as restrooms.
• The proposed use is classified as private group assembly, so it is primarily
intended for use by its members, it typically restricts access to the general public,
and it cannot be rented out for commercial office uses or for events held by the
general public.
• The proposed structure is one story with a walkout basement. The building
footprint is 60'x40' or 2,400 square feet in size. The closest residential use to the
proposed building has a building footprint of 2,242 square feet. The 2n1 story of
that residential use has a floor area of roughly 1,020 square feet and the basement
has a floor area of 1,152 square feet for a total floor area of 4,414 square feet. The
proposed structure is comparable in size to surrounding residential uses.
• The parking facilities are addressed in the criteria c below. Staff adopts the findings
in criterion c as if fully set forth here in criterion b.
• Transportation staff determined that the proposed use and associated traffic will
not overburden Scott Boulevard stating that the street currently carries
approximately 5,100 vehicles per day (Iowa DOT 2018) and the theoretical
capacity exceeds 15,000 vehicles per day.
• Transportation staff confirms that the existing driveway to remain meets the Code
requirement of 150' spacing on an arterial from an adjacent street.
• Transportation staff determined that the use of the existing parking spaces will not
generate enough traffic to warrant further improvements to Scott Boulevard such
as turn lanes or a traffic study.
• The occupant load of the main auditorium in the building, which is used to
determine the minimum off-street parking requirement, indicates an occupancy of
126 people. Occupancy loads are used to determine necessary fire protection
systems and emergency services such as sprinklers and egresses under the City
Building Code and City Fire Code and is not a representation of how many people
are expected to use the site at any regular time.
c. Given that large parking lots can seriously erode the single- family residential
character of these zones, the board of adjustment will carefully review any requests
for parking spaces beyond the minimum required. The board may limit the number
of parking spaces and the size and location of parking lots, taking into account the
availability of on street parking, the estimated parking demand, and opportunities
for shared parking with other nonresidential uses in the vicinity of the use.
FINDINGS:
• Proposed uses include religious/private group assembly with the main floor having
an occupancy of 126 people. Based on the maximum occupancy of 126 people,
the proposed use requires a minimum of 21 parking spaces.
• The site plan shows that 21 parking spaces are provided, which meets the
minimum requirement.
• The bike parking requirement is 5% of the total spaces provided, but no less than
4 spaces provided when required. The applicant will need to provide a minimum
of 4 bike parking spaces to be reviewed at site plan review.
• There is no on street parking available along N Scott Blvd. The nearest on street
parking would be along Tamarack Trail, which has a 26' pavement width and
supports on street parking along one side of the street.
• The existing drive located along the northeast side of the property will be used. No
improvements to the drive are proposed as part of this application.
d. The proposed use will not have significant adverse effects on the livability of nearby
residential uses due to noise, glare from lights, late night operations, odors, and
litter.
n
FINDINGS:
• The closest residential property line from the proposed use is located 778' to the
west.
To ensure the use does not produce negative impacts relating to noise or late -
night operations, staff recommends a condition that the building housing the
private group assembly use be closed from 10 p.m. to 6:00 a.m. and that amplified
sound not be allowed outside.
The subject property is near residential uses and is in an Interim Development
Single Family Residential. Both single family and ID-RS zones are in the Low
Illumination District (E1), which is the lowest lighting district within the code.
However, ID-RS zoned properties are not subject to the same lighting restrictions
as single family uses. Due to the proximity to existing single family uses, and the
specific approval criteria that the use be designed to be compatible with adjacent
uses, staff recommends the condition that any future lighting be subject to the
standards of 14-5G-3: Standards for Single Family and Two Family Uses to
ensure compatible lighting designs.
e. The building official may grant approval for the following modifications to a
religious/private group assembly use, without approval from the board of
adjustment, upon written findings that the modification will not be detrimental to
the public health, safety, or welfare, or be injurious to the other property or
improvements in the vicinity and in the zone in which the property is located:
(1) An accessory storage building less than five hundred (500) square feet in
size.
(2) A building addition of less than five hundred (500) square feet, provided the
addition does not increase the occupancy load of the building.
FINDINGS:
• This section is not applicable because the proposed use is new.
• A special exception is required.
f. If the proposed use is located in a residential zone or in the central planning district,
it must comply with the multi -family site development standards as set forth in
section 14-26-6 of this title.
FINDINGS:
• The proposed use is located within an interim zone outside of the Central Planning
District and not subject to the multi -family site development standards.
General Standards: 14-413-3: Special Exception Review Requirements:
The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• The proposed building will generally be of a comparable scale to surrounding
residential uses and the applicant proposes an increased setback to maintain
separation from existing development.
• Transportation staff determined that traffic generated by the proposed use will not
overburden existing streets.
• The proposed use is classified as private group assembly, so it is primarily
intended for use by its members, it typically restricts access to the general public,
and it cannot be rented out for commercial uses or for events held by the general
public.
• Staff will ensure all applicable health, safety, comfort or general welfare standards
are met as required through any standard building permit.
• The proposed building would provide an amenity to enhance the visiting
experience for members, programs, and camps, while also acting as a safety
shelter when necessary.
• Conditions for noise and lighting have been proposed to ensure the proposed use
remains compatible with surrounding development so as to not impede on the
health, safety, comfort, or welfare of the public.
2. The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood.
FINDINGS:
• The proposed use will not impact the ability of neighbors to utilize and enjoy their
properties.
• The proposed building is located approximately 778' from the nearest residential
property line to the west.
• Conditions as recommended will help mitigate potential negative effects on noise
and hours of operation for surrounding properties.
• The proposed development is within the area that allows development activity
per the existing conservation easement agreement. The vast majority of the
property will remain open space, which serves as an amenity and benefit to
neighboring properties, which can have a positive impact on property values.
• The proposed development is located in an area on the northeastern portion of
the subject property that contains other existing structures for Harvest Preserve
member use and that do not have City imposed limitations.
3. Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses
permitted in the district in which such property is located.
FINDINGS:
• The residential neighborhood to the west is nearly fully developed with residential
uses.
• Land to the north and east of the subject property remains undeveloped. The
development of this land will occur as utilities are extended and development
continues from the west.
• The proposed use will be setback over 778' from the existing residential
neighborhood and be compatible in scale.
• The conditions as recommended mitigate potential effects for surrounding
properties.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• The subject property has access to City utilities and will extend utilties to the
property to serve the new building.
• An 8' wide sidewalk exists along the properties N Scott Blvd frontage. Pedestrian
access for visitors of Harvest Preserve is also available through onsite trails.
• A large portion of the subject property is green space, which allows the absorption
of any stormwater runoff.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• Direct access to the new development will be off of N Scott Blvd and use the
existing curb cut and driveway. The proposed building can also be accessed
through onsite trails if entering from the west side of the property.
• Transportation staff determined that the existing drive was acceptable and the use,
as well as the existing parking, would not overburden existing streets or require
improvements.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
• The proposed use and development meet all applicable code standards of the
ID-RS zone.
7. The proposed exception will be consistent with the Comprehensive Plan of the
City, as amended.
FINDINGS:
• The Comprehensive Plan Future Land Use Map shows this area as Conservation
Design. The Northeast District Plan identified this property as the Bluffwood
neighborhood.
• The Comprehensive Plan notes that "conservation design is appropriate in areas
containing... sensitive features and is meant to balance the protection of sensitive
natural features with the development rights of property owners. By clustering
development on more buildable portions of the property, natural areas can be
preserved" (pg. 27). The proposed use and building would be located in the
northeast corner of the property, away from sensitive areas and in a designated
buildable area per the conservation easement.
• The Northeast District Plan has the goal to, "Use conservation design principals to
locate streets, utilities and structures in a way that minimizes disturbance of natural
features" (pg. 8). Although the street network is currently built out, in recent years
City utilties have been extended to a location that is more suitable to limit
disturbance to natural features while providing the property with proper utilties.
• The Northeast District Plan also has the goal to 'Treat environmentally sensitive
areas as amenities" (pg. 8). The Harvest Preserve Foundation has placed over
100 acres into a private conservation easement for the long term protection of
natural features with the intent of raising public awareness, appreciation, and
participation. The proposed use and structure would provide an indoor space
intended to further support and enhance the nature amenities and those who visit.
CORRESPONDENCE:
Staff has received 23 pieces of correspondence in opposition of the proposed development as
presented at the Good Neighbor Meeting on May 29, 2024. Since the Good Neighbor Meeting
the applicant revised the site plan in response to neighbor concerns. (Attachment 4).
STAFF RECOMMENDATION:
Staff recommends approval of EXC24-0003, to allow a Religious/Private Group Assembly use in
an Interim Development Single Family Residential Zone for the property located at 1645 N. Scott
Blvd, subject to the following conditions:
1. General compliance with the site plan dated 8/15/2024 in terms of the location of the
building, parking, and the size and scale of the proposed building.
2. The building must be closed between the hours of 10:00 p.m. and 6:00 a.m.
3. No amplified sound shall be allowed outdoors.
4. Future lighting be subject to the standards of 14-5G-3: Standards for Single Family and
Two Family Uses to ensure compatible lighting designs.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Application Materials
4. Correspondence
Approved by:
DanieVe Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
August 22, 2024
Board of Adjustment Meeting
EXC24-0003
ATTACHMENT 1
Location Map
Prepared by Staff
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An application submitted by Harvest Preserve
Foundation, Inc. requesting approval of a
special exception for 1645 North Scott
Boulevard to allow a Private Group Assembly
use in an Interim Development Single Family
Residential zone.
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ID-RS
t
August 22, 2024
Board of Adjustment Meeting
EXC24-0003
ATTACHMENT 2
Zoning Map
Prepared by Staff
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EXC24-0003
Harvest Preserve
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Prepared By: Melanie Comer'
Date Prepared: May 2024
August 22, 2024
Board of Adjustment Meeting
EXC24-0003
ATTACHMENT 3
Application Material
Submitted by the Applicant
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Experts in Planning and Development5incc 1975
August 9, 2024
City of Iowa City
Neighborhood & Development Services
410 E. Washington St.
Iowa City, IA 52240
1917 S. Gilbert Street
Iowa City, Iowa 52240
319.351.8282
mmsconsultants.net
mms@mmsconsultants.net
RE: General Approval Criteria for a Special Exception Application at 1645 N. Scott Blvd.
(Harvest Preserve)
Code Section 14-4B-3: Special Exceptions:
A. Approval Criteria: In order to grant a special exception, the Board must find that
the applicant meets the specific approval criteria set forth in this title with
respect to the specific proposed exception. The Board must also find that the
applicant meets the following general approval criteria or that the following
criteria do not apply:
1. The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort or general welfare.
This exception would not be detrimental to the public health, safety, or
welfare in any way. It would allow for an indoorgathering space, out of
the elements with restroom facilities.
2. The specific proposed exception will not be injurious to the use and
enjoyment of other property in the immediate vicinity and will not
substantially diminish or impair property values in the neighborhood.
The proposed exception does not fundamentally change the existing
use of the property which is for the preservation and enjoyment of the
natural environment
3. Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
The district is Interim Development Residential, and the use is private
open space. The neighboring residential districts are built out and the
development of the interim residential districts on the opposite side of N.
Scott Blvd. would not be impeded.
4. Adequate utilities, access roads, drainage and/or necessary facilities have
been or are being provided.
Public water main and sanitary sewer will be extended within the N.
Scott Blvd. Right -Of -Way in order to provide new private water and
sanitary sewer services with the future site plan for construction
approval. Gas and electric services will be provided from existing utilities
along N. Scott Blvd. The existing access drive and parking lot pavement
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area will be utilized and no changes to the drainage pathway are being
proposed.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
The existing drive will be utilized to access the site.
6. Except for the specific regulations and standards applicable to the exception
being considered, the specific proposed exception, in all other respects,
conforms to the applicable regulations or standards of the zone in which it is
to be located.
All applicable zoning regulations and standards of the ID-RS zone are
being met.
7. The proposed exception will be consistent with the Comprehensive Plan of
the City, as amended.
The future land use as depicted in the Comprehensive Plan is
Conservation Design. This special exception allows for the continued use
of the Harvest Preserve Foundation as private open space.
Respectfully submitted,
plocc�
Brock Heller, Project Manager
10304-032m-general criteria_v1-Response.docx
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1917 S. Gilbert Street
Iowa City, Iowa 52240
319.351.8282
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RE: Specific Approval Criteria for a Special Exception Application at 1645 N. Scott Blvd.
(Harvest Preserve)
Code Section 14-4B-4: Specific Approval Criteria for Provisional Uses and Special
Exceptions:
D. Institutional and Civic Uses:
17. Private Group Assembly In ID-RS Zone:
a. The following setbacks are required in lieu of the setbacks specified in the
base zone. However, the board of adjustment may reduce these setbacks,
subject to the approval criteria for setback adjustments as specified in
subsection 14-2A-4B5, "Adjustments To Principal Building Setback
Requirements", of this title.
(1) Front: Twenty feet (20').
Provided.
(2) Side: Twenty feet (20').
Provided.
(3) Rear: Fifty feet (50').
Provided.
b. The proposed use will be designed to be compatible with adjacent uses.
The board of adjustment will consider aspects of the proposed use, such
as the site size, types of accessory uses, anticipated traffic, building scale,
setbacks, landscaping, and location and amount of paved areas. The board
of adjustment may deny the use or aspects of the use that are deemed out
of scale, incompatible, or out of character with surrounding residential
uses, or may require additional measures to mitigate these differences.
Additional requirements may include, but are not limited to, additional
screening, landscaping, pedestrian facilities, setbacks, location and design
of parking facilities, and location and design of buildings.
The proposed private group assembly use would provide an
indoor meeting space and restroom facilities for members of Harvest
Preserve. This use would be in support of the outdoor recreational
space that is already provided at the Harvest Preserve Foundation.
Existing wooded areas and topography will buffer views from the
Tamarack Ridge Subdivision on the West side and the N. Scott Blvd.
Right -Of -Way on the North and East sides.
10304-032m-specific criteria_vl-Response.docx
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c. Given that large parking lots can seriously erode the single- family
residential character of these zones, the board of adjustment will
carefully review any requests for parking spaces beyond the minimum
required. The board may limit the number of parking spaces and the size
and location of parking lots, taking into account the availability of on
street parking, the estimated parking demand, and opportunities for
shared parking with other nonresidential uses in the vicinity of the use.
The amount of required parking for the Special Exception Use is
able to be achieved with the existing on site parking lot,
d. The proposed use will not have significant adverse effects on the livability
of nearby residential uses due to noise, glare from lights, late night
operations, odors, and litter.
A large setback beyond the minimum and existing screening
will mitigate any adverse effects of nearby residents, as noted on the
site plan.
e. The building official may grant approval for the following modifications
to a religious/private group assembly use, without approval from the
board of adjustment, upon written findings that the modification will not
be detrimental to the public health, safety, or welfare, or be injurious to
the other property or improvements in the vicinity and in the zone in
which the property is located:
(1) An accessory storage building less than five hundred (500)
square feet in size.
Does not apply.
(2) A building addition of less than five hundred (500) square feet,
provided the addition does not increase the occupancy load of
the building.
Does not apply.
f. If the proposed use is located in a residential zone or in the central
planning district, it must comply with the multi -family site development
standards as set forth in section 14-213-6 of this title.
Does not apply.
Respectfully submitted,
A�g �
Brock Heller, Project Manager
10304-032m-specific criteria_v1-Response.docx
BK: 6335 PG: 666
Recorded: 1/20/2022 at 8:06:37.0 AM
County Recording Fee: $182.00
Iowa E-Filing Fee: $3.00
Combined Fee: $185.00
Revenue Tax:
Kim Painter RECORDER
Johnson County, Iowa
Prepared by: Ross A. Baxter, Iowa Natural Heritage Foundation 505 5 h Ave, Suite 444 Des
Moines, IA 50309 Phone: (515) 288-1846
Return document to: Iowa Natural Heritage Foundation 505 5 h Ave, Suite 444 Des Moines, IA
50309 Phone: (515) 288-1846
Tax statements to: Harvest Preserve Foundation, Inc. of 1645 North Scott Blvd Iowa City, IA
52245
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT ("Easement") is made this
Lday of January, 2022, by and between Harvest Preserve Foundation, Inc. of 1645 North
Scott Blvd Iowa City, IA 52245 (hereinafter together with its heirs, personal representatives,
successors and assigns collectively referred to as "Grantor"), and Iowa Natural Heritage
Foundation of 505 Fifth Ave., Suite #444, Des Moines, Iowa 50309 (hereinafter together with its
successors and assigns collectively referred to as "Grantee").
RECITALS:
WHEREAS, Grantor is the sole owner in fee simple of certain real property in
Johnson County, Iowa, which is 100.64 acres, more or less, and is more particularly described in
Exhibit "A" (PAGE 14) attached hereto and made a part hereof ("the Property"); and
WHEREAS, the Property possesses open -space values, (collectively, the
"Conservation Values"), and has substantial value and potential as open -space appropriate for
conservation and preservation under the standards of Chapter 457A of the Code of Iowa; and
WHEREAS, the Property is located within the city limits of Iowa City, Iowa's 5,h
largest city. There is high development pressure in the immediate area and protection of the
Property ensures that this Property will be protected forever against subdivision, residential
development and mining, thereby protecting the open -space character of the area and providing
public benefit; and
WHEREAS, the Property is''/2 mile from the 185-acre Hickory Hills Park, owned
and managed by the City of Iowa City and is 2 miles from a reserved life estate interest held by
Grantee. Protection of the Property adds additional open -space in the immediate area; and
WHEREAS, the Property is bordered on two sides by Scott Boulevard, a public
road, and the easement will ensure protection of the open -space character of the area; and
WHEREAS, Ralston Creek runs through the southern portion of the Property.
Protection of the Property from residential housing and intense development will positively impact
the water quality of the Ralston Creek watershed and by extension the Iowa River watershed; and
WHEREAS, Grantee herein warrants and represents that it has the commitment
and the resources to carry out, and will carry out, all of the duties and responsibilities of Grantee
as detailed herein; and
WHEREAS, Grantor and Grantee have mutually concluded that the grant of this
Conservation Easement will not impair the qualification or the status of Grantee under any
applicable laws, including Section 170(h) of the Internal Revenue Code of 1986 (the "Code"), as
amended, and the regulations thereunder, and Chapter 457A of the State of Iowa Code, and will
enhance the protection of the Property's significant Conservation Values; and
WHEREAS, the specific Conservation Values of the Property on the effective
date of this Conservation Easement are documented in a baseline documentation report attached
as Exhibit B (`Baseline Documentation Report"), dated December 8, 2021; a copy of which is
on file with both Grantor and Grantee. Grantor and Grantee agree that the Baseline
Documentation Report provide an accurate representation of the condition of the Property as of
the effective date (hereinafter defined) of this Deed of Conservation Easement and is intended to
serve as an objective informational baseline for monitoring compliance with the terms of this
Easement; and
WHEREAS, Grantor further intends to convey to Grantee the right to preserve
and protect the Conservation Values of the Property in perpetuity; and
WHEREAS, Grantee is a private, non-profit, publicly supported, tax-exempt
organization, qualified under Section 170(h) of the Internal Revenue Code and Chapter 457A of
the State of Iowa Code, whose primary purpose is the preservation, protection and enhancement
of land in its natural, scenic, historical, agricultural, and/or open space condition; and
WHEREAS, Grantee is a tax-exempt organization under Section 501(c)(3) of the
Code, an organization other than a private foundation under Section 509(a)(1) of said Code, and
a "qualified organization" under Section 170(h)(3) of said Code, and Grantor is entitled to and
may rely upon these affirmative representations made by Grantee; and
WHEREAS, Grantee agrees by accepting this Deed to honor the intentions of
Grantor stated herein and to preserve and protect in perpetuity the Conservation Values of the
Property for the benefit of this generation and the generations to come; and
WHEREAS, protection of the Property will accomplish a number of the factors
determining "significant public benefit" under Treas. Reg. Section 1. 1 70A- I 4(d)(4)(iv); and
WHEREAS, Grantee warrants that Grantee is a charitable organization described
in Section 501(c)(3) of the Code, whose primary purpose is stated in Article III of its Articles
and is authorized by the laws of the State of Iowa, including in particular Chapter 457A of the
Iowa Code, to accept, hold, and administer interests in land, including conservation easements;
and
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby
conveys to Grantee a Conservation Easement on the Property as more fully described in this
agreement.
Summary of Easement Provisions
1. Purpose. It is the purpose of this Easement to assure that the Property will be
preserved forever in its open -space condition and to prevent any use of the Property that would
significantly impair or interfere with its Conservation Value. Grantor intends that this Easement
will confine the use of the Property to such activities as are consistent with the purpose of this
Easement.
2. Rights of Grantee. To accomplish the purposes of this Easement, the following
rights are conveyed to Grantee:
(a) to preserve and protect in perpetuity the Conservation Values of the
Property; and
(b) to enter upon the Property at reasonable times to monitor Grantor's
compliance with and otherwise enforce the terms of this Easement;
provided that such entry shall be upon prior reasonable notice to Grantor,
and that Grantee shall not unreasonably interfere with Grantor's use and
quiet enjoyment of the Property; and
(c) to prevent any activity on or use of the Property that is inconsistent with
the purposes of this Easement, and to require the restoration (to the
condition immediately prior to the activity complained of) of such areas or
features of the Property that may be damaged by any inconsistent activity
or use, pursuant to the provisions of paragraph 6 hereof.
3. Permitted Uses. Grantor reserves to itself, and to its successors and assigns, all
rights accruing from its ownership of the Property, including the right to engage in or permit or
invite others to engage in all uses of the Property that are not expressly prohibited herein, that are
not inconsistent with the purposes of this Easement, and that do not have a significant adverse
impact on the Conservation Values. Without limiting the generality of the foregoing, Grantor
reserves the following rights, subject to any terms and conditions as may be stated herein, and
subject further, to all requirements and restrictions under applicable laws, ordinances and
regulations.
(a) Agricultural practices, including but not limited to, disking, tilling, tiling,
row -cropping, haying, grazing of livestock, fiuit, vegetable or nut
production or placement of food plots, in the "Agricultural Area," as
shown in Exhibit B;
(b) Enrollment and participation in Conservation Reserve Program or similar
programs offered by the United States Department of Agriculture, its
successor or similar conservation entity, consistent with the terms and
purpose of this Easement;
(c) Construction, maintenance and replacement of buildings, structures,
reception halls, paved access lanes, utilities, non-native landscaping,
parking lots and renewable energy structures, provided the structures
cannot be used as residences and must be located within the designated
areas referred to as `Building Envelopes", as shown in Exhibit B;
(d) Construction, maintenance and replacement of restroom facilities and
corresponding utilities located anywhere on the Property;
(e) Site preparation, placement or construction of sculptures, artwork,
benches, docks, bridges, surfaced walkways, patios, or labyrinths
anywhere on the Property;
(f) Restoration and maintenance of natural habitats including but not limited
to prescribed burning and undesirable species removal;
(g) Creation, maintenance or enhancement of wetlands or ponds;
(h) Maintenance, grading and paving of vehicular "Access Lanes" within the
designated Building Envelopes as shown in Exhibit B, as otherwise
designated in Exhibit B, or with prior the written approval of Grantee
provided the plan for new vehicular access lanes addresses any potential
erosion issues;
(i) Creation, maintenance, and grading of vegetated, wood chipped, graveled
or paved walking paths and trails;
(j) Undeveloped recreational uses, including but not limited to, hiking,
primitive tent -style camping, campfires, picnicking, snowshoeing, wildlife
observation, and harvesting wild fiuit, nuts, and mushrooms;
(k) Installation and maintenance of new and existing underground utilities;
(1) Responsible use of motorized vehicles for maintenance, agricultural and
emergency purposes and for purposes that do not result in significant
impact to the Conservation Values, as determined by Grantee;
(m) Collection of deadwood or fallen wood for firewood;
11
(n) Festivals, farmers markets, retreats or similar events.
4. Prohibited Uses. Any activity on or use of the Property inconsistent with the
purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the
following activities
and uses are expressly prohibited:
(a)
Construction, erection or placement of any building or structure, except as
permitted in paragraph 3;
(b)
Gas stations;
(c)
Agricultural practices, including but not limited to, plowing, disking,
tilling, tiling, clearing of vegetation, row -cropping, haying or grazing,
except as permitted in paragraph 3;
(d)
Logging;
(e)
Establishment of any livestock feed lot or animal confinement operation;
(f)
Dumping of trash, rubbish, garbage, offal, or any other unsightly or
offensive materials;
(g)
Placing billboards, outdoor advertising structures, or advertisements of
any kind on the Property; except for real estate, entrance, boundary, and
educational signs all of reasonable size;
(h)
Any exploitation of mineral resources, by either subsurface or surface
means;
(i)
All -terrain or utility vehicle courses or parks;
(j)
Use of any motorized vehicle of any type, except as permitted in
paragraph 3;
(k)
Willful introduction of invasive plant or animal species;
(1)
Introduction of non-native plant or animal species, except as permitted in
paragraph 3 or with the prior written approval of Grantee consistent with
the purpose of this Easement;
(m)
Alteration of the topography of the Property or its drainage systems,
except as permitted in paragraph 3 or with prior written approval of
Grantee, for purposes such as erosion control, public safety considerations,
or for purposes consistent with the purpose of this Easement;
(n) Installation or upgrading of utility structures or lines, except as permitted
in paragraph 3 or with prior written approval of Grantee;
(o) Construction or enlargement of any developed roads, access lanes or
parking lots, except as permitted in paragraph 3;
(p) Subdivision, parcelization or de facto subdivision of the Property, thus
keeping the entire Property, as described in Exhibit A, as one unit, never
to be split into separate ownerships.
5. Approval; Discretionary Consent. In the event that Grantor desires to undertake
activities not explicitly permitted by Paragraph 3, and not prohibited by the provisions of
Paragraph 4, or activities with respect to which Grantee's approval is specifically required by the
provisions of Paragraph 3 or Paragraph 4, Grantor shall request such approval from Grantee in
writing prior to Grantor undertaking such activity. The request shall describe the nature, scope,
design, location, timetable, and any other material aspect of the proposed activity in sufficient
detail to permit Grantee to make an informed judgment as to its consistency with the purpose of
this Easement. Under no circumstances may Grantor undertake the requested activity until
approved in writing by Grantee. Grantee's approval may be withheld only upon a reasonable
determination by Grantee that the action as proposed would be inconsistent with the purpose of
this Easement.
6. Grantee's Remedies. If Grantee determines that Grantor is in violation of the
terms of this Easement, or that a violation is threatened, Grantee shall give written notice to
Grantor of such violation and demand corrective action sufficient to cure the violation and,
where the violation involves injury to the Property resulting from any use or activity inconsistent
with the purposes of this Easement, to restore the Property so injured. If Grantor falls to cure the
violation within thirty (30) days after receipt of notice thereof from Grantee, or under
circumstances where the violation cannot reasonably be cured within a thirty (30) day period,
fails to begin curing such violation within the thirty (30) day period, or fails to continue
diligently to cure such violation until finally cured, Grantee may bring an action at law or in
equity in a court of competent jurisdiction to enforce the terns of this Easement, to enjoin the
violation ex parte as necessary, by temporary or permanent injunction, to recover any damages to
which it may be entitled for violation of the terms of this Easement or injury to any Conservation
Value protected by this Easement, and/or to require the restoration of the Property to the
condition that existed immediately prior to such injury. Without limiting Grantor's liability
therefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of
undertaking any corrective action on the property. If Grantee, in its sole discretion, determines
that circumstances require immediate action to prevent or mitigate significant damage to the
Conservation Values of the Property, Grantee may pursue its remedies under this paragraph
without prior notice to Grantor or without waiting for the period provided for cure to expire.
Grantee's rights under this paragraph apply equally in the event of either actual or threatened
violations of the terms of this Easement, and Grantor agrees that Grantee's remedies at law for
any violation of the terns of this Easement are inadequate, and that Grantee shall be entitled to
the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to
such other relief to which Grantee may be entitled, including specific performance of the terms
of this Easement, without the necessity of proving either actual damages or the inadequacy of
otherwise available legal remedies. Grantee's remedies described in this paragraph shall be
cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.
6.1 Third Party Enforcement. Grantee shall have the right, but not the obligation, to
pursue all legal and equitable remedies provided under paragraph 6 against any third party
responsible for any violation of the terms of this Easement and Grantor shall, at Grantee's
option, assign their right of action against such third party to Grantee, join Grantee in any suit or
action against such third party, or appoint Grantee their attorney in fact for the purpose of
pursuing an enforcement suit or action against such third party.
6.2 Costs of Enforcement. In connection with any act to enforce the terms of this
Easement, Grantor and Grantee shall each be responsible for their respective costs of
enforcement and other costs and expenses, including, without limitation, reasonable attorneys'
fees, unless (i) either Grantor or Grantee admits fault, or (ii) a court of competent jurisdiction
determines that one of the parties is at fault, in which case the party at fault agrees to reimburse
the other party for all reasonable costs and expenses (including, without limitation, reasonable
attorneys' fees) incurred in connection with the contested matter.
6.3 Forbearance is Not a Waiver. Any forbearance by Grantee to exercise its rights
under this Easement in the event of any breach of any term of this Easement by Grantor shall not
be deemed or construed to be a waiver by Grantee of such term on any subsequent breach of the
same or any other term of this Easement or of any of Grantee's rights under this Easement. No
delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor
shall impair such right or remedy or be construed as a waiver.
6A Waiver of Certain Defenses. Grantor hereby waives any defense of lathes,
estoppel, or prescription.
6.5 Acts Beyond Grantor's Control. Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to or change in the
Property resulting from causes beyond Grantor's control, including, without limitation, trespass,
fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under
emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting
from any such cause.
6.6 Arbitration. If a dispute arises between the parties concerning the consistency of
any proposed use or activity with the purposes of this Easement, and Grantor agrees not to
proceed with the use or activity pending resolution of the dispute, either party may refer the
dispute to arbitration by request made in writing upon the other. Within thirty (30) days of the
receipt of such request, the parties shall select a single arbitrator to hear the matter. If the parties
are unable to agree on the selection of a single arbitrator, then each party shall name one
arbitrator and the two arbitrators thus selected shall select a third arbitrator; provided, however,
that if either party fails to select an arbitrator, or if the two arbitrators selected by the parties fail
to select the third arbitrator within fifteen (15) days after the appointment of the second
arbitrator, then in each such instance a proper court, on petition of a party, shall appoint the
UI
second or third arbitrator, or both as the case may be, in accordance with (Iowa statutory
authority) or any successor statute then in effect. The matter shall be settled in accordance with
(Iowa statute or other appropriate procedural reference) then in effect, and a judgment on the
arbitration award may be entered in any court having jurisdiction thereof The prevailing party
shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and
for all its costs and expenses related to such arbitration, including, without limitation, the fees
and expenses of the arbitrators and attorneys' fees, which shall be determined by the arbitrators
and any court of competent jurisdiction that may be called upon to enforce or review the award.
7. Access. No right of access by the general public to any portion of the Property is
conveyed by this Easement.
8. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the
Property, including the maintenance of adequate comprehensive general liability insurance
coverage. Grantor shall keep the Property free of any liens arising out of any work performed
for, materials furnished to, or obligations incurred by Grantor.
8.1 Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of whatever description levied on or assessed against the Property by competent
authority (collectively "Taxes"), including any Taxes imposed upon or incurred as a result of,
this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request.
Grantee is authorized but in no event obligated to make or advance any payment of Taxes, upon
three (3) days' prior written notice to Grantor, in accordance with any bill, statement, or estimate
procured by the appropriate authority, without inquiry into the validity of the Taxes or the
accuracy of the bill, statement, or estimate, and the obligation created by such payment shall bear
interest until paid by Grantor at the lesser of (i) the prime rate of interest from time to time
charged by Bankers Trust or (ii) the maximum allowed by law.
8.2 Hold Harmless. Grantee shall hold harmless, indemnify, and defend Grantor and
Grantor's heirs, personal representatives, successors, and assigns (collectively "Grantor's
Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses,
causes of action, claims, demands, or judgments, including, without limitation, reasonable
attorney's fees arising from or in any way connected with: (a) injury to or the death of any
person, or physical damage to any property, resulting from any act, omission, condition, or other
matter relating to or occurring on, or about the Property, regardless of cause, unless due solely to
negligence of any of the Grantor's Indemnified Parties; and (b) the existence or administration of
this Easement.
Grantor shall hold harmless, indemnify, and defend Grantee and its members, directors, officers,
employees, agents, and contractors and the heirs, personal representatives, successors, and assigns
of each of them (collectively "Grantee's Indemnified Parties") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments,
including, without limitation, reasonable attorney's fees, arising from or in any way connected
with: (a) injury to or the death of any person, or physical damage to any property, resulting from
any act, omission, condition, or other matter relating to or occurring on or about the Property,
regardless of cause, unless due solely to negligence of any of the Grantee's Indemnified Parties;
(b) the obligations specified in paragraphs 8 and 8.1; and (c) the existence or administration of this
Easement.
8.3 Transfer Fee. Upon each successive title transfer of the Property, a transfer fee of
$10,000 shall be paid at time of closing to Grantee for the continuation of the easement
monitoring fund. This transfer fee shall constitute a lien against the Property until paid.
9. Extinguishment. If circumstances arise in the future such as to render the
purposes of this Easement impossible or impractical to accomplish, this Easement may only be
terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of
competent jurisdiction, and the amount of the proceeds to which the Grantee shall be entitled,
after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or
any portion of the Property subsequent to such termination or extinguishment, shall be
determined, unless otherwise provided by Iowa law at that time, in accordance with paragraph
9.1.
9.1 Proceeds. This Easement constitutes a real property interest immediately vested
in Grantee, which, for the purposes of Paragraph 9, the ratio of proceeds shall be directed as
stated: 10% to Grantee and 90% to Grantor.
9.2 Condemnation. If all or any of the Property shall be taken by exercise of the
power of eminent domain or acquired by purchase in lieu of condemnation, whether by public,
corporate, or other authority, so as to terminate this Easement, in whole or in part, Grantor and
Grantee shall act jointly to recover the full value of their interests in the Property subject to the
taking or in lieu purchase and all direct or incidental damages resulting from the taking or in lieu
purchase. All expenses reasonably incurred by Grantor and Grantee in connection with the
taking or in lieu purchase shall be paid out of the amount recovered. Except as otherwise may be
provided by applicable law, Grantor and Grantee agree that Grantee's share of the balance of the
amount recovered shall be an amount determined by multiplying the balance by the constant
percentage, as determined under paragraph 9.1 above.
10. Assignment. This Easement is transferable, but Grantee may assign its rights and
obligations under this Easement only to an organization that is a qualified organization at the
time of transfer under Section 170(h) of the Code and the applicable regulations promulgated
thereunder, and authorized to acquire and hold conservation easements under Chapter 457A of
the Code of Iowa (or any successor provision then applicable). As a condition of such transfer,
Grantee shall require that the conservation purposes that this grant is intended to advance,
continue to be observed.
10.1 Executory Limitation. If Grantee shall cease to exist or to be a qualified
organization under Section 170(h) of the Code or to be authorized to acquire and hold
conservation easements under Iowa law, and a prior assignment is not made pursuant to
paragraph 10, then Grantee's rights and obligations under this Easement shall become
immediately vested in The Nature Conservancy. If The Nature Conservancy is no longer in
existence at the time the rights and obligations under this Easement would otherwise vest in it, or
if The Nature Conservancy is not qualified or authorized to hold conservation easements as
provided with respect to assignments pursuant to paragraph 10, or if it shall refuse such rights
0
and obligations, then the rights and obligations of this Easement shall vest in such organization
as a court of competent jurisdiction shall direct pursuant to applicable Iowa law and with due
regard to the requirements for an assignment pursuant to paragraph 10. Should no qualified
charitable organization desirable to the Grantor be in existence, this easement maybe assigned or
transferred to a unit of government.
11. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement
in any deed or other legal instrument by which it divests itself of any interest in all or a portion of
the Property, including, without limitation, a leasehold interest. Grantor further agrees to give
written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date
of such transfer. The failure of Grantor to perform any act required by this paragraph shall not
impair the validity of this Easement or limit its enforceability in any way.
12. Estoppel Certificates. Upon request by Grantor, Grantee shall, within twenty
(20) days execute and deliver to Grantor any document, including an estoppel certificate, which
certifies Grantor's compliance with any obligation of Grantor contained in this Easement and
otherwise evidences the status of this Easement as may be requested by Grantor.
13. Notices. Any notice, demand, request, consent, approval or communication that
either party desires or is required to give to the other shall be in writing and either served
personally or sent by first class mail, postage prepaid, addressed as follows:
To Grantors:
Harvest Preserve Foundation, Inc.
1645 North Scott Blvd
Iowa City, IA 52245
To Grantee:
President, Iowa Natural Heritage Foundation
505 Fifth Ave., Suite #444
Des Moines, IA 50309-2321
Phone(515)288-1846
Or to such other address as a party may designate by written notice to the other.
14. Effective Date. Grantor and Grantee intend that the restrictions arising hereunder
take effect on the day and year this Conservation Easement is recorded in the official records of
Johnson County, Iowa, after all required signatures have been affixed hereto. This Easement
shall be timely recorded. Grantee may re-record this instrument or record any other instrument
at any time as may be required to preserve its rights in this Easement.
15. General Provisions.
(a) Controlling Law. The interpretation and performance of this Easement
shall be governed by the laws of the State of Iowa.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed to effect the purposes of this
10
Easement and the policy and purposes of Chapter 457A of the Code of Iowa. If any provision in
this instrument is found to be ambiguous, an interpretation consistent with the purposes of this
Easement that would render that provision valid shall be favored over any interpretation that
would render it invalid.
(c) Severability. If any provision of this Easement, or the application thereof
to any person or circumstance, is found to be invalid, the remainder of the provisions of this
Easement, or the application of such provision to persons or circumstances other than those as to
which it is found to be invalid, as the case may be, shall not be affected thereby.
(d) Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to this Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to this Easement, all of which are merged herein. No
alteration or variation of this instrument shall be valid or binding unless contained in an
amendment that complies with Paragraph 16.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor's title in any respect.
(i) Joint Obligation. The obligations imposed by this Easement upon Grantor
shall be joint and several.
(g) Successors. The covenants, terms, conditions, and restrictions of this
Easement shall be binding upon, and inure to the benefit of, the parties hereto and their
respective personal representatives, heirs, successors and assigns, and shall continue as a
servitude running in perpetuity with the Property.
(h) Termination of Rights and Obligations. A party's rights and obligations
under this Easement shall terminate upon transfer of that party s interest in the Easement or
Property, except that liability for acts or omissions occurring prior to transfer shall survive
transfer.
(i) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
0) Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be
deemed an original instrument as against any party who has signed it. In the event of any
disparity between the counterparts produced, the recorded counterpart shall be controlling.
16. Amendments. If circumstances arise under which an amendment to or
modification of this Easement would be appropriate, Grantor and Grantee are free jointly to
amend this Easement; provided that no amendment shall be allowed that would affect the
qualification of this Easement or the status of Grantee under any applicable laws, including
Chapter 457A of the Code of Iowa and Section 170 (h) of the Code. No amendment shall permit
residences on the Property, and any amendment shall be consistent with the purpose of this
Easement and shall not affect its perpetual duration. Any amendment shall have a net beneficial
11
or neutral effect on the relevant conservation values protected by the easement. No amendment
shall result in private inurement or confer impermissible private benefit. Any such amendment
shall be signed by Grantor and Grantee and recorded in the official records of Johnson County,
Iowa.
17. Environmental Compliance.
(a) Remediation. If, at any time, there occurs or has occurred, a release in, on,
or about the Property of any substance now or hereafter defined, listed, or otherwise classified
pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic,
polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful to human
health or the environment, Grantor agrees to take all steps necessary to assure its containment
and remediation, including any cleanup that may be required, unless the release was caused by
Grantee, in which case Grantee shall be responsible therefore.
(b) Control. Nothing in this Easement shall be construed as giving rise, in the
absence of a judicial decree, to any right or ability in Grantee to exercise physical or managerial
control over the day-to-day operations of the Property, or any of Grantor's activities on the
Property, or otherwise to become an owner or operator with respect to the Property within the
meaning of the Comprehensive Environmental Response Compensation, and Liability act of
1980, as amended (hereinafter referred to as "CERCLA"), and any corresponding state statutory
laws.
(Remainder of page intentionally left blank)
12
IN WITNESS WHEREOF, Grantor and Grantee have executed this Deed of Conservation
Easement on this /Y Aday of January 2022.
GRANTOR
Harvest Preserve Foundation, Inc.
q dr4 ��
DougM J. Paul, President
GRANTEE
Iowa Natural Heritage Foundation
J -eph A. McGovern, President
GRANTOR ACKNOWLEDGMENT
STATE OF IOWA COUNTY OF PTO" S t-"
This instrument was acknowledged before me onytu� �' 2 0 Z Z by
Douglas J. Paul, as President, of the Harvest Preserve Foundation, Inc.
�. ERIN VAN WAUS
* Commission Number 766123
My Commission Expires
P
o - February 8, 2023
GRANTEE ACKNOWLEDGMENT
STATE OF IOWA COUNTY OF PO l K
Notary Public
This instrument was acknowledged before me on U Jou'�.UAY by
Joseph A. McGovern, as President, of the Iowa Natural Heritage Fo ndation.
,• ., ERIN VAN WAUS
$ ' Commission Number 766123
My Commission Expires
ow' February 8, 2023
Notary Public
13
M* 4:11 o3_I N :]
Legal Description
Auditor's Parcel 2008120, a portion of the Southeast One -quarter and a portion of the Southwest
one -quarter of the Northeast One -quarter of Section 1, Township 79 North, Range 6 West of the
5a` Principal Meridian, City of Iowa City, Johnson County, Iowa, as shown and described on the
Plat of Survey recorded in Plat Book 53, at Page 325 of the records of the Johnson County, Iowa
Recorder.
14
Exhibit B
Harvest Preserve Conservation Easement
Johnson County, Iowa
Baseline Documentation Report
Grantors:
Harvest Preserve Foundation, Inc.
1645 North Scott Blvd
Iowa City, IA 52245
Grantee:
Iowa Natural Heritage Foundation
505 Fifth Avenue, Suite 444
Des Moines, IA 50309
Conservation Easement Size:
100.64 Acres
Prepared and Reviewed by:
Erin Van Waus, Conservation Easement Director
B.A. University of Northern Iowa, Biology: Ecology and Systematics
P.S.M. University of Northern Iowa, Ecosystem Management
11 years of conservation easement experience at INHF
Tylar Samuels, Conservation Easement Specialist
B.A. University of Iowa, Anthropology
13 years of conservation easement experience at INHF
Date: December 8, 2021
15
Exhibit B
Table of Contents
SignaturePage...................................................................................................................17
Purpose...............................................................................................................................18
Conservation Values Description......................................................................................18
Map of Johnson County showing the location of the Property..........................................19
Property Proximity to Iowa City & Surrounding Cities....................................................20
2021 aerial photograph......................................................................................................21
USGS 1:24,000 topographic map......................................................................................22
Building Envelope & GPS points (west)...........................................................................23
Building Envelope & GPS points (east)............................................................................24
Agricultural Area & Access Lanes....................................................................................25
Photo Point Map for Baseline Photographs.......................................................................26
BaselinePhotographs................................................................................................. 27 - 36
16
EXHIBIT B
OWNER ACKNOWLEDGEMENT OF CONDITION
Grantor and the Iowa Natural Heritage Foundation agree that the Baseline Documentation Report
is an accurate representation of the protected Property at the time of the transfer.
GRANTOR
Harvest Preserve Foundation, Inc.
E~A
Dougl�au�resident
GRANTEE
Iowa Natural Heritage Foundation
phqnq /r- ,
GRANTOR ACKNOWLEDGMENT
STATE OF IOWA COUNTY OF
3-0 "6-&n
This instrument was acknowledged before me on J � % 1 U c3 `� by
Douglas J. Paul, as President, of the Harvest Preserve Foundation, Inc.
*M51
ADSr 766123Expires023
GRANTEE ACKNOWLEDGMENT
STATE OF IOWA COUNTY OF N lk
V o-4,4- WGt44,0
Notary Public
This instrument was acknowledged before me on KN L aC) a a by
Joseph A. McGovern, as President, of the Iowa Natural Heritage Foundation.
ERIN VAN WAUS
g; Commission Number 766123
My Commission Expires
February 8, 2023
vas w0i.,1"
Notary Public
17
Purpose: It is the purpose of this Easement to assure that the Property will be preserved forever
in its open -space condition and to prevent any use of the Property that would significantly impair
or interfere with its Conservation Value. Grantor intends that this Easement will confine the use
of the Property to such activities as are consistent with the purpose of this Easement.
Conservation Values, written by Tylar Samuels, Conservation Easement Specialist
The 100.64-acre Property is located in Section 1, Township 79 North, Range 06 West, in
Johnson County, Iowa, within the city limits of Iowa City, Iowa's 5'h largest city. There is high
development pressure in the immediate area and permanent protection of the Property by this
Easement ensures that the Property will be protected forever against subdivision, residential
development and mining, thereby protecting the open -space character of the area and providing
public benefit.
In 2009, Doug Paul started a non-profit organization called Harvest Preserve with a mission to
preserve this property as a spiritual sanctuary. Harvest Preserve invites its members to commune
with open -hearts and indulge in the awe and wonder of nature. Harvest Preserve is most
famously known for its unique sculptures including the 110 ton "Sitting Man" and "Sacred Stone
Circle".
The Property consists of woodland, hay/grassland, ponds, building areas and Ralston Creek.
Protection of open -space will positively impact Ralston Creek and by extension the Iowa River
Watershed.
The Property is''/2 mile from the 185-acre Hickory Hills Park, owned and managed by the City of
Iowa City, and is 2 miles from a reserved life estate interest held by Grantee. Protection of the
Property adds additional open -space in the immediate area.
The Property is bordered on the east and north sides by Scott Boulevard, a well -traveled public
road. Protection of the property as green, open -space in perpetuity will forever protect the
100.64-acre property as a beautiful vista for those driving or walking by.
The easement will allow for placement of sculptures, creation of trails, restroom facilities,
educational kiosks, agricultural uses, and buildings within the two designated building
envelopes. The easement will prohibit residential development, mining, splitting of the Property
into separate ownerships and alteration of the topography ensuring the open -space character of
the area is preserved for the benefit of the public. For a complete list of permitted and prohibited
uses, please reference paragraphs 3 and 4 in the conservation easement. A conservation
easement on this site is consistent with many of INHF's protection goals, including the
preservation of land in its open space condition.
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Photo point 1A
Magnetic Azimuth: 1501
Comments: Standing at the north end of
the Property looking southerly. The Prop-
erty is known as Harvest Preserve, owned
by Harvest Preserve Foundation, Inc.,
who's mission is "to restore, protect, and
preserve its land holdings as a spiritual
sanctuary". Beyond the parking lot,
shown in the foreground, is the Harvest
Preserve Office.
Photo point 1B
Magnetic Azimuth: 2400
Comments: From the parking lot looking
westerly. Everything seen in this photo is
part of the Building Envelope. The paved
walkway leads to a pond.
Photo point 1C
Magnetic Azimuth: 3101
Comments: Looking northwest at the en-
trance to Harvest Preserve from Scott
Boulevard.
Page 1 of 10 Baseline photographs taken by Erin Van Wam on 4
September 16, 2021. "kyr o
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Photo point 3A
Magnetic Azimuth: 3150
Comments: This photo is looking north-
west toward the approximate boundary
marked by a chain link fence. The houses
are not part of the easement Property.
The 100.64-acre Property is located within
the city limits of Iowa City, Iowa's 5th
largest city. There is high development
pressure in the immediate area and per-
manent protection of the Property by this
casement ensures that the Property will be
protected forever against subdivision, res-
idential development and mining, thereby
protecting the open -space character of the
area and providing public benefit.
Photo point 3B
Magnetic Azimuth: 1200
Comments: Looking easterly at the wood-
land on the Property and an existing
walking path. The conservation easement
permits the creation, maintenance, and
grading of vegetated, wood chipped, grav-
eled or paved walking paths and trails.
Photo point 3C
Magnetic Azimuth: 2701
Comments: Looking west toward the ap-
proximate Property boundary. On the far
right side of photo, construction equip-
ment is visible and is located off the Prop-
erty. The mature trees center left side of
photo, open grass, and path are part of
Harvest Preserve. This area is within the
designated building envelope.
Page 3 of 10 Baseline photographs taken by Erin Van Waus on
September 16, 2021.
Photo point 4A
Magnetic Azimuth: 100
Comments: From the interior of the Prop-
erty looking northerly. On the right is a
sculpture, known as "The Gathering" and
on the left is a yurt. The Gathering sculp-
ture marks the southern boundary of this
Building Envelope.
Photo point 4B
Magnetic Azimuth: 1501
Comments: Looking southerly toward a
sculpture known as "Sacred Stone Cir-
cle". Harvest Preserve is most famously
known for its unique sculptures including
the 110 ton "Sitting Man" shown in Photo
Point 9C and "Sacred Stone Circle"
shown here. The easement permits place-
ment of sculptures and artwork, among
many other items, on the Property.
Photo point 4C
Magnetic Azimuth: 2401
Comments: Looking westerly across an
open hay field and toward the west
boundary. The approximate Property
boundary lies near the treeline. This open
area is part of the designated agricultural
area.
Page 4 of 10 Baseline photographs taken by Erin Van Waus on
September 16, 2021.
Photo point 5A
Magnetic Azimuth: 101
Comments: Looking northerly across the
Property. The Property is % mile from
the 185-acre Hickory Hills Park, owned
and managed by the City of Iowa City and
is 2 miles from a reserved life estate inter-
est held by Grantee. Protection of the
Property adds additional open -space in
the immediate area.
Photo point 5B
Magnetic Azimuth: 1051
Comments: Standing on the interior of the
Property looking easterly. Scott Boule-
vard, a public road, is in the distance. Red
arrow points to a vehicle driving by on
Scott Boulevard.
Photo point 5C
Magnetic Azimuth: 1801
Comments: Looking south. The Property
consists of woodland, hay/grassland, and
Ralston Creek. Protection of open -space
will positively impact Ralston Creek and
by extension the Iowa River Watershed.
Page 5 of 10 Baseline photographs taken by Erin Van Waus on
September 16, 2021.
'3
<Par•YofExhibit B
Photo point 6A
Magnetic Azimuth: 3201
Comments: Standing on a bridge over
Ralston Creek looking northwest. The
conservation easement allows for site
preparation, placement or construction of
sculptures, artwork, benches, docks,
bridges, surfaced walkways, patios, or
labyrinths anywhere on the Property.
Photo point 6B
Magnetic Azimuth: 401
Comments: Ralston Creek, shown in pho-
to, runs through the southern portion of
the Property. Protection of the Property
from residential housing and intense de-
velopment will positively impact the water
quality of the Ralston Creek watershed
and by extension the Iowa River water-
shed.
Photo point 6C
Magnetic Azimuth: 1651
Comments: Standing on a wooden bridge
placed over Ralston Creek, looking south-
erly. The easement allows for restoration
and maintenance of natural habitats in-
cluding but not limited to prescribed
burning and undesirable species removal.
Page 6 of 10 Baseline photographs taken by Erin Van Waus on
September 16, 2021.
Photo point 7A
Magnetic Azimuth: 500
Comments: Protection of Harvest Pre-
serve is important, given the high develop-
ment pressure in the immediate area. Pro-
tection of the Property ensures that this
Property will be protected forever against
subdivision, residential development and
mining, thereby protecting the open -space
character of the area and providing public
benefit.
Photo point 713
Magnetic Azimuth: 1501
Comments: From an interior point on the
protected Property looking southerly. Art
sculpture is shown in the photo.
Photo point 7C
Magnetic Azimuth: 2401
Comments: Looking westerly toward a
sculpture known as "Harvest Shrine".
Page 7 of 10 Baseline photographs taken by Erin Van W aus on
September 16, 2021.
f .>.
Photo point 7D
Magnetic Azimuth: 3150
Comments: Looking northwest at a sculp-
ture, bordered by a trail, and a restroom
facility in the background. Restroom facil-
ities and corresponding utilities as well as
walking trails and sculptures are permit-
ted anywhere on the Property.
Photo point 8A
Magnetic Azimuth: 0°
Comments: Looking north from an interi-
or point on the Property. The easement
will prohibit residential development,
mining, splitting of the Property into sepa-
rate ownerships and alteration of the to-
pography ensuring the open -space charac-
ter of the area is preserved for the benefit
of the public.
Photo point 813
Magnetic Azimuth: 1001
Comments: Looking easterly. In the photo
is a trail, known as Tejas Vin Trail. Crea-
tion and maintenance of walking paths is
a permitted use on the Property.
Page 8 of 10 Baseline photographs taken by Erin VanWaus on
September 16, 2021.
Taut of lahihit BD
Photo point 8C
Magnetic Azimuth: 1900
Comments: Looking southerly at the same
trail noted in Photo Point 8B. The conser-
vation easement allows for undeveloped
recreational uses, including but not lim-
ited to, hiking, primitive tent -style camp-
ing, campfires, picnicking, snowshoeing,
wildlife observation, and harvesting wild
fruit, nuts, and mushrooms.
Photo point 9A
Magnetic Azimuth: 1301
Comments: The Property is bordered on
two sides and highly visible from Scott
Boulevard, a public road. The easement
will ensure protection of the open -space
character of the Property, thereby provid-
ing public benefit.
Photo point 9B
Magnetic Azimuth: 260°
Comments: Looking westerly from near
the east boundary of the Property. Part of
a large sculpture known as "Sitting Man"
is visible on the far right side of photo.
Page 9 of 10 Baseline photographs taken by Erin Van W aos on
September 16, 2021.
Part of Exhibit B
ink,
Photo point 9C
Magnetic Azimuth: 3001
Comments: In 2009, Doug Paul started a j
non-profit organization called Harvest
Preserve with a mission to preserve this
Property as a spiritual sanctuary. The
"Sifting Man" sculpture is one of the most
famous sculptures located at Harvest Pre-
serve. This sculpture is visible from Scott
Boulevard.
Photo point 9D
Magnetic Azimuth: 3201 11
Comments: The Property is bordered on
the east and north sides by Scott Boule-
vard, a well -traveled public road. Protec-
tion of the Property as green, open -space
in perpetuity will forever protect the
100.64-acre Property as a beautiful vista
for those driving or walking by.
Page 10 of 10 Baseline photographs Liken by Erin Van Waus on
September 16, 2021,
Summary Report for
Good Neighbor Meeting
blot
WIN% _
CITY OF IOWA CITY
Project Name: Harvest Preserve Special Exception project Location: 1 645 N Scott Blvd.
Meeting Date and Time: 5/29/2024 at 6:00 PM
Meeting Location: Harvest Preserve Pond House
Names of Applicant Representatives attending: Brock Heller - MMS Consultants
Alex Carrillo - Bedrock Builders
Names of City Staff Representatives attending: Parker Walsh
Number of Neighbors Attending: — 30 Sign -In Attached? Yes X No
General Comments received regarding project (attach additional sheets if necessary) -
Didn't think anything was allowed to be built within the conservation easement.
Don't like the location, want to see the building moved to the other side of the trees.
Not happy with the fence that is already along the property line.
Don't feel that indoor restroom facilities are necessary for the property.
Views from residential properties will be ruined.
Don't believe the project aligns with the "mission" of Harvest Preserve.
Concerns expressed regarding project (attach additional sheets if necessary) -
Amount of cars/traffic in and out of the site and possible noise associated with the project.
Size and location of buildinq beinq too close to houses.
Event policy. Who has access and what are the hours of operation?
Where will overflow parking be? Don't want cars parked on Tamarack Trl.
Possible future expansion within the building envelope.
Site lighting being visible from homes.
Will there be any changes made to the proposal based on this input? If so, describe:
The building location has been moved to the other side of the wooded ravine so that it won't be visible from
the neighboring residential lots. To build in this location, the owner will be extending the public utilities within the
Scott Blvd. R/OM/ in order to install new utility service lines in lieu of connecting to the existing well and septic system.
Staff Representative Comments
5/29/2024
6:00 PM
Harvest Preserve - Good Neighbor Meeting
Attendance List
Vicki and Mike Ryan (1196 Tamarack Trl)
Don and Christine Backens (1308 Tamarack Trl)
Nate Knause (1355 Tamarack Trl)
Tom Edwards (1356 Tamarack Trl)
Doug Boothroy (2817 Buckle Down Cir)
David McCauley (thinking of buying)
Mike and Gail O'Donnell (1320 Tamarack Trl)
Jan Miller(2857 HickoryTrl)
Kaila Boothroy and Reggie Schirm (1236 Tamarack Trl)
Toni Van Voorhis (1263 Tamarack Trl)
James McCoy (1022 Tamarack Trl))
Anith Mathai (1369 Tamarack Trl)
Miho and Kevin Cromwell (1183 Tamarack Trl)
Myrrl and Linda McBride (1176 Tamarack Trl)
Joy Kelly (1479 Tamarack Trl)
Carlos and Laurie Pacheco (1274 Tamarack Trl)
T:\10304\10304-032\10304-032-GNM Attendance List.docx
August 22, 2024
Board of Adjustment Meeting
EXC24-0003
ATTACHMENT 4
Correspondence
Submitted by the Identified Party
From: thomas edwards
To: Parker Walsh; mdeoerro09(a)vahoo.com; reaaieschirm(dlamail.com; vicki n; sean-fain(ftiowa.edu;
mitchellibarnett(d)amaiLmm; ithomasmobile(a)amail.com; nate@)elevationhomebuilders.com
Subject: Preserve Building/Parking Lot Feedback
Date: Friday, May 17, 2024 12:19:45 PM
RISK
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Hi Parker,
My name is Tom Edwards and I live at 1356 Tamarack Trail Iowa City, IA.
Per our discussion, I have serious concern about anything being built in the preserve. When
we purchased this property in early 2021 we were told explicitly that nothing would ever be
built in that preserve.
Now my understanding is that there is a proposal to build some type of housing building for
entertainment along with 29 parking spots that will be located in the NW corner, 106 feet from
the Tamarack Trail property lines.
To say this is unacceptable is a HUGE understatement. This goes against everything we were
told when we purchased these lots just a few years ago. To ruin a scenic view for the residents
of Tamarack with a construction project that is unnecessary and quite frankly sounds stupid is
ridiculous.
I am asking every resident of Tamarack Trail to attend the in person meeting on June 12th at 5
pm to voice their concerns and have this ridiculous proposal shut down. Who is the person
that proposed this? I would like their contact information to voice my concerns and even
bring legal action if necessary. I have copied a few other residents of Tamarack Trail in this
email. Expect to receive quite a few more complaints. This will not be taken lightly.
Sincerely,
Tom Edwards
From: reaaieschirm(a)amaiLoom
To: Parker Walsh
Subject: My official email regarding the proposal to build on the Harvest Preserve
Date: Sunday, May 19, 2024 8:45:09 PM
RISK
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Parker,
A proposal to build anything 106 feet from Tamarack property lines is absolutely preposterous.
There are so many more favorable locations to build on that vast area of land that would make more
sense for the Harvest Preserve, and the residents of Tamarack Trail.
We pay very high property taxes on this street, and gladly do so, because of the beauty of Tamarack
Trail. With this proposal, our street will not have the same feel as when we all moved here. Not to
mention how it will negatively effect our property values.
Have you, or anyone, thought of noise pollution and headlights from vehicles in residents back yards
due to this facility?
Residents of Tamarack and the HOA are joining together and will fight this proposal until it gets shut
down.
Appreciatively,
Reggie Schirm
1236 Tamarack
Sent from my Whone
From: Toni Van Voorhis
To: Parker Walsh
Subject: Special Exception 24-003 Harvest Preserve
Date: Monday, May 20, 2024 9:01:22 AM
RISK
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Dear Parker,
We are writing to express our opposition to the proposed special exception request at Harvest
Preserve. We are members of the preserve and also reside within the Tamarack Ridge
subdivision. (We will be out of town at the time of the public hearing on Jun 12, 2024.)
Although our home does not abut the area of the proposed "private group use building" and
adjacent parking, we have our own concerns of reduced property values and noise. We are
also extremely sympathetic to the added concerns of our neighbors who have homes adjacent
to the proposed area of development.
We do understand that one only has control over one's own property. However, we draw our
expectations of what will occur on this land from the Harvest Preserve Mission Statement:
"It is the mission of Harvest Preserve foundation, Inc. to restore, protect, and preserve its land
holdings as a spiritual sanctuary. Harvest Preserve is holy ground where invited guests many
quietly commune with whatever aspect of manifestation of the Divine they find personally
appealing. The Preserve is a place to feel welcome, embraced and open-hearted and to indulge
in the awe and wonder of nature."
In addition, the following announcement was published in the Preserve's December 2022
Newsletter:
"It's been a wonderful year at Harvest Preserve! Notably, we were able to put a conservation
easement on all 100.64 acres, protecting it from development FOREVER!" (emphasis theirs)
We understand that a conservation easement can take many forms and, if specified within
legal documents, the owner can retain the right to build on their property.
However, this proposed project is certainly neither in keeping with the communications above,
nor was possible development of this land conveyed to the owners of the lots abutting the
preserve at the time of purchase. These folks have now built expensive homes on their land.
This is quite something to spring on them, and will surely reduce property values. They have
already been surprised by the erection of an unsightly 10' tall chain link fence along their rear
lot lines. Now, they are faced with the possibility of a structure with accompanying parking
just over the fence. Imagine transitioning from a rear view of a quiet meadow to a gathering
structure and 25+ vehicles.
We are also concerned and unhappy with the lack of interface between HP and the Tamarack
Ridge neighborhood. We note that a building permit request for this structure was filed by
Bedrock Builders on 1/31/2024. In the time period between then and now, there has been no
outreach to our neighborhood whatsoever.
Harvest Preserve has 100 acres of land and buildable property in close proximity to its existing
main entrance, parking lot, and outbuildings. The proposed project has been designed for the
one portion of the Preserve that would very negatively impact neighbors.
We write to request that you soundly reject this proposal.
From:
John Labrie
To:
Parker Walsh
Cc:
Kelly Labrie
Subject:
Special Exception 24-0003 - Harvest Preserve group assembly use building
Date:
Tuesday, May 21, 2024 5:22:20 PM
A
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Dear Mr. Walsh,
I am writing to express my dissatisfaction with the parking lot and group assembly building
construction that is being proposed on the corner of the Harvest Preserve near Tamarack
Trail. I own the property at 1380 Tamarack Trail and purchased the property with the belief that
the owners of the Harvest Preserve would be protecting the wildlife and natural beauty of the
area. This construction project and resulting structure if approved will be a tremendous eye
sore to this beautiful portion of Iowa City, and will negatively impact the value of homes in the
entire Tamarack Trail neighborhood. I encourage you and the rest of the Board of Adjustment
to decline this request so that the beauty of this portion of Iowa City can be preserved.
I will not be able to attend the public hearing on 6/12 so I am sending this note in hopes that
you will share my displeasure with the rest of the board. I'd like to urge all of you to decline the
proposed construction and I appreciate your collective consideration in this matter.
Sincerely,
John Labrie
1380 Tamarack Trail
Iowa City, IA
iglabrieCEboutlook.com
734.276.0708
From: Gail O'Donnell
To: Parker Walsh
Subject: Harvest Preserve special Exception
Date: Thursday, May 23, 2024 11:18:00 AM
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. ** Good Morning,
As a resident in Tamarack Ridge, I am opposed to the Special Exception application by
Harvest Preserve Foundation.
1. How do we know this isn't a test case? If the proposal passes, will the Preserve use this for
future expansion?
2. Placement of the facility is so close to backyards of residences on Tamarack Trail. ( these
owners were promised NO development for 100 years.) Residential privacy?
3. There is available alternate real estate for building at the main entrance of Harvest
Preserve.
4. Development not in keeping with nonprofit status.
5. What hours of operation? Noise? Light pollution? Frequency of use?
6. Development in conflict as a Nature Preserve.
Thank you for reading my concerns in this matter.
Sincerely,
Mike O'Donnell
From: Donald Backens
To: Parker Walsh
Subject: Harvest Preserve Special Exemption Request
Date: Friday, May 24, 2024 7:54:28 PM
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Dear Mr. Walsh, as a homeowner who owns a house on Tamarack Trail whose backyard ends at the existing fence
along the proposed requested exemption area, I have several concerns. Most of these, I'm sure, are similar to my
neighbor's concerns. They include:
Possible noise problems, dust from the 28 car parking lot and probable reduction in property values.
My wife and I moved here from Rapid City, SD where we owned a beautiful acreage in the BlackHills. We moved
here because our daughter and son-in-law told us about these wonderful lots for sale that butted up to a nature
preserve. In fact, they are currently building a home next door to us. Before buying, we were assured that the
Preserve would remain as is for the next 99 years with no new buildings or expansions. Our decision to move here
was largely due to this promise.
I guess I only have one question - is there any benefit to the homeowners affected by this Special Exemption
Request that could possibly outweigh our concerns? We've lived here less than two years and had planned to have
this be our last home. Thank you for listening Mr Walsh and we plan on being at all ofthe associated meetings.
Sincerely, Don Backens.
Sent from my iPhone
From: Gail O'Donnell
To: Parker Walsh
Subject: Special Exemption
Date: Tuesday, May 28, 2024 7:25:19 AM
RISK
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. ** To Parker Walsh, the City of Iowa City, Harvest Preserve,
As a member of Harvest Preserve and a resident in Tamarack Ridge, I do not support this
Special Exception for Private Group Assembly for development.
1. The proposed development of land has been dedicated as a nature preserve and recognized
by Iowa's DNR for protecting the land from development.
2. The Harvest Preserve's Mission statement is to restore, protect and preserve the land.
3. Building a 40'x60' building with 29 parking spaces in a current residential neighborhood, is
not being a good neighbor, not in keeping with preserving the land and will have adverse
effects on the Tamarack Ridge neighborhood.
4. This proposal will decrease the current homeowners, and open lot owners property values.
5. The proposed entrance for use is so close to Tamarack Trail, public safety for turning cars
and bicyclists should be considered, as I feel it will create a potential hazard.
6. The main entrance already has 20 parking spaces that could be utilized for parking and
space to build another " private group" meeting space. In keeping the area in harmonious
nature, without affecting the residential neighborhood.
7. Transparency- as a member of HP, we were not involved in this decision making, but we
were involved with the chip seal road that was installed behind lots 35-48. This is along the 8
foot stainless steel eyesore fence installed. I suspect in anticipation of this project.
As a result, we deal with cars racing down the chip seal road intermittently for various
reasons, and this will only get worse.
8. We were told no development for 100 years, the land is in 100 year perpetuity, if this
special exception is approved, when does the " building stop?!
Please say No to this proposal and reconsider the placement of the Private Group Assembly.
Thank you,
Gail O'Donnell
1320 Tamarack Trail
From:
Vicki Ryan
To:
Parker Walsh
Cc:
Anne Russett;Vicki Ryan
Subject:
RE: [External] RE: Tamarack Ridge
Date:
Tuesday, May 28, 2024 1:54:59 PM
Attachments:
imaae009.ona
imaae010.ona
imaae011.ona
imaae012.ona
imaae013.ona
imaae014.ona
imaae015.ona
0maae016.ona
imaae017.ona
imaae018.ona
0maae027.ona
imaae028.ona
imaae029.nna
imaae030.Dna
imaae031.ona
imaae032.ona
imaae034.nna
imaae035.Dna
imaae036.ona
imaae037.ona
imaae038.ona
0maae039.ona
imaae040.Dna
A
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Hi Parke and Anne,
Hope you enjoyed the long weekend- always goes to fast.
First and foremost, thank you for meeting with us last week to help us
understand next steps.
Some comments and concerns I see now, prior to attending the good neighbor
meeting.
I went out yesterday and walked where they want the building and parking
spots. Below is a list of some major concerns:
-Traffic: People already use a cut through from First Ave to Scott by taking
Hickory to Tamarack. All the navigation apps will take you this way- we already
have issues with speeding down our road as we have a lot of little kids and NO
sidewalks to walk on. This will become very dangerous once this event center
is built.
-Traffic on Scott- speed limit is 3S- average speed is probably SO. Adding an
entertainment venue on this road means more traffic, speeding.
-Size of building: for that area, seems building is going to be extremely large
-there is already some existing parking spots on that piece of property- what
happens to them- can they be removed or counted towards the amount they
need per code? It just seems like they are asking for a lot of additional spots
that will definitely make the area an eye sore. With no parking on Scott, what
happens if they do have over flow parking. Only place they could then park
would be Tamarack..
-the need for large trees to block building and parking: the houses on the east
side of Tamarack will back right up to this -we needs something to block this not
just for the sound but also for privacy and security. People visiting this new
establishment will be able to see directly into our neighbors windows and also
be able to easily jump fence and enter properties that are along the east side of
the building
-Lighting: wether it be security lights and/or entertainment lights it will be
shining exactly in the windows of those homes. Not to mention glare of cars
pulling in and out of the area
-Noise: this travels the way it is due to the open area and trees -I cant imagine
the noise when this establishment is built. Again, young neighborhood, young
kids. Concerns are music and loud speakers of course
-Property values: the first 4 lots in the neighborhood are for sale and already
having a tough time selling due to Scott being so busy. There is no doubt to
even try to sell those lots will require a lower list price which in fact lowers all
of our properties values. That is if they sell- we also cant finish sidewalks in the
area which is a safety issue for us all, until these sell. The entire project will
devalue Tamarack Ridge subdivision and impair our property values.
I am sure some of these items may be addressed tomorrow but I wanted to get
it out there to you as my concerns right now.
Thanks again for meeting last week. Have a great day. Parker, ill see yah
tomorrow !
Vicki Ryan -President
Tamarack Ridge
VICKI RYAN
Regional Sales Manager
630.881.4982
y[yan myndm.com
2475 Village View Drive, suite 100
Henderson, NV 89074
From: Parker Walsh <PWalsh@iowa-city.org>
Sent: Wednesday, May 22, 2024 4:35 PM
To: Vicki Ryan <vryan@myndm.com>
Cc: Anne Russett <ARussett@iowa-city.org>
Subject: RE: [External] RE: Tamarack Ridge
Vicki,
It N^ATIION SDIRECT
®®O
From: Anith Mathai
To: Parker Walsh
Subject: Special Exception 24-0003 1645 N Scott Blvd
Date: Tuesday, May 28, 2024 5:31:18 PM
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Dear Mr. Walsh,
As I will not be able to attend the public meeting, I wish to provide my written comments.
As a resident of Tamarack trail (1369), I wish to convey my opposition to the special
exception 24-0003. Specifically for reasons stated below (as referred to in the 14-4B-3A
general criteria in the Iowa City code) see text in italics
1. The specific proposed exception will be injurious to the use and enjoyment of other
property in the immediate vicinity and IN-I/f not substantially diminish or impair property
values in the neighborhood: I expect this exception will reduce property values in the
area.
3. Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses permitted in
the district in which such property is located. - Future exceptions may be allowed that do
not match the orderly development for which this area was zoned.
5. Adequate measures have been or will be taken to provide ingress or egress designed
to minimize traffic congestion on public streets.- I expect the traffic to increase
substantially, resulting in overflow onto Tamarack TH.
Thank you for your consideration.
Anith Mathai
From: Nathan Knause
To: Julie Decker, sean-fain(aa uiowa.edu; MITCHELUBARNETTOurnaiLmm; yickiryan75@Yahoo.conn;
ithomasmobile(a)omail.conn; Parker Walsh
Subject: Re: Proposed building at Harvest Preserve
Date: Thursday, May 30, 2024 9:20:12 AM
A
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Julie thank you for hosting the meeting yesterday. I want to give my two cents and let
everyone know I don't really have a dog in this fight since my company doesn't own any
Lots in the Tamarack and just finishing our last per custom home in the neighborhood. I
am looking at this from both sides and just giving my option.
I agree with all the homeowners about the concerns and think they valid. I do
understand and agree we never reached out or had our agent reach out to make sure no
buildings could be built back there.
I think a good compromise could be reached that owners would be more acceptable to.
There will be a few and I think you know who that are from the meeting they will never be
happy.
1. Make changes that Doug Boothroy suggested with orientation of the building
2. Provide 3D views of what the building will took Like
3. Add screening trees and plants, provide landscaping plan and timeline
a. Give insurance or rules or agreement on how the space will be used and times
used will not be used after dark.
5. Update to buildable area behind those homes to limit to just this building will go
long way
I think this is the big takeaway that people will like
6. Change the 8' galvanized 12ga fence to a 5' black fence, I think that would be go so
very far with the neighborhood. When the permit was issued allowing that 8'
fence Terry Gat the city did not know that Tamarack was being developed into sub
and when he looked it up the area was still under zoning that allowed 8' fence,
when its residential max allowed is 6'. So its just buy dumb luck that the 8' fence
slipped past the approval.
From: Seth Tomchik
To: Parker Walsh
Subject: Harvest Preserve Special Exception 24-003
Date: Thursday, May 30, 2024 12:50:36 PM
** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or
attachments. **
Dear Parker Walsh and the Board of Adjustment,
I am writing to provide feedback on Special Exception (24-003) for the
proposed new Harvest Preserve building. I am a resident of the
Tamarack Ridge neighborhood (with a home bordering Harvest Preserve)
and also a Harvest Preserve member.
I understand, respect, and share neighborhood concerns about any
potential major development at the site in the future. We have a
window of opportunity to support the protection of natural areas/green
space, which enhance the quality of life for all, as Iowa City grows.
In my view, the best way to achieve this is to work collaboratively
with stakeholders to maximize preservation over time. This includes
facilitating land uses (hiking, outdoor educational activities, summer
camps, etc.) that support preservation of natural areas/green space.
My understanding is that Harvest Preserve shares this objective, and
believe that their programming reflects respect for the land &
wildlife. Providing a more functional support building for ongoing
daytime activities (summer camps, etc.) is logical. Therefore, I
support the current proposal to build the outbuilding (the proposed
footprint and square footage is similar to one single-family home).
To address concerns from the residents of adjacent communities (i.e.,
Tamarack Ridge), it will be important to assess and mitigate any
concerns about building visibility, lighting, noise, rental hours,
rental group size, and potential impact on the sale of the remaining
lots in the neighborhood. I think that focusing effort on these
aspects of the proposal can produce a mutually beneficial outcome.
Sincerely,
Seth Tomchik
From: Gail O'Donnell
To: Parker Walsh
Subject: Harvest Preserve special Exception
Date: Thursday, May 30, 2024 4:18:32 PM
RISK
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. ** Mr. Parker Walsh/City of Iowa City,
This project needs to slow down! The Preserve has taken ample time to prepare for this
development. It is extremely unfair for our HOA to respond on such short ttoi It feels like
the Preserve is trying to rush this process, hoping residents of Tamarack Ridge HOA will just
roll over and allow the project to move forward with little or no resistance.
I don't know when this idea was actually hatched, but I know the permit was issued January
`24. I have a sick feeling that this proposal goes back multiple years. And it feels
underhanded, and very unethical.
I feel that Tamarack HOA residents were flat out lied to about " NO Development for 100
years," I personally don't think the ides of a building is bad, I just vehemently abhor the site of
the current plan!
Allow us the time to defend our properties, and property values!
Please postpone the June 12 meeting,
Sincerely,
Mike O'Donnell 1320 Tamarack Trail
From: Christine Backens
To: Parker Walsh
Subject: Follow up from the Good Neighbor Meeting held on 5/29 at Harvest Preserve
Date: Thursday, May 30, 2024 8:27:34 PM
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
After the meeting, I am even more concerned about this proposed project. The key reasons
are:
1. The parking lot light & car lights — this will be very intrusive to the tranquility we have
come to enjoy.
2. The potential parking overflow and traffic on Tamarack Trail Because of unsold lots,
we already have to walk in the street @ times.
3. The noise — voices carry, which we already experience to a small degree with hikers in that
area. If this project is approved, it will be VERY disrupting to the peace & quiet we have
gotten accustomed to.
4. If this proposal is passed, I fear it'll lead the way to more outbuildings being built.
5. Decreased property values — if this is passed, I firmly believe it'll impact the resale
value of our home. Look @ the unsold lots on Tamarack Trail. I've had people tell me
it's because nobody wants an ugly prison fence to look @ in their backyard. It's a major
eyesore!!! If this proposal is passed, it'll only make it worse.
6. When purchasing these lots, many of us were told nothing would be built behind us. This
is the ONLY reason we purchased our lot and have gone through the expense of planting
many many trees as we do care about the environment.
I went to the meeting last night thinking it would be a 'good neighbor' meeting & came away
with feeling it was anything BUT that! There were some very legitimate concerns brought up
by several homeowners and it was disturbing to hear (more than once) 'oh, we didn't think
about that'. Seriously??? They are actually proposing something when they don't understand
the full impact it'll have to their neighboring million dollar homes????
I feel they are being shady & disingenuous. There were so many contradictory statements
made during the meeting. This didn't build trust. How is the'mission' of Harvest Preserve to
restore and maintain the native Iowa prairie and woodlands achieved by constructing a new
building and parking lot? And is having a current septic system which has never been
inspected or cleaned out also part of that 'mission'? Is putting up a prison high, galvanized
chain link fence also part of that 'mission'?
They already have a building they can remodel to make it suitable for the purpose they are
trying to obtain as well as a parking lot. They can add a port -a -potty & call it good. I have
spent a good amount of time writing this & would hope everyone on the board will have the
courtesy to read it.
Respectfully,
Christine Backens
From: Gail O'Donnell
To: Parker Walsh
Subject: Harvest Preserve special Exception
Date: Thursday, May 30, 2024 8:57:11 PM
RISK
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. ** Mr. Parker Walsh/City of Iowa City,
The "Good Neighbor" meeting held last night with Harvest Preserve, MMS, Bedrock
Builders, and the Tamarack Ridge residents was so disappointing and it was apparent that this
project has not been well thought out.
There was some good discussion and several possible solutions to this proposal. But I'm
having a hard time swallowing its" for the kids" and that new bathrooms are a
primary concern!
The pond house is lovely overlooking the pond especially at sunset! Its rustic appearance is
fitting for a nature preserve. Kids and adults alike appreciate simplicity in the nature setting.
We can go to cookie cutter building any day with AC, flushing toilets, carpet etc!
Please slow this decision making process down and find out some of the facts and information
that the residents wanted to know. Would this Exemption just open the door to more
expansion when we were told 100 years of NO development? What is the purpose of a nature
preserve if the land isn't protected? In fact, the DNR just recognized the HP for just that!
The parking and increased traffic is a major concern to our neighborhood. And decreasing
property values is another consideration. But won't this building have to meet city codes?( the
current pond house apparently doesn't!)The occupancy of 160 is an outrageous number, and
4800 square feet totally unnecessary UNLESS it's going to turn into a wedding venue for
receptions and large gatherings!
I would like to add as a member of HP, I have not read anything in the newsletters about the
possible construction of a new meeting/reception building, which would appear underhanded.
We actually haven't used our membership once this year and only a handful last year, but we
do enjoy looking out and seeing the wildlife and the open space in our backyard. It's a shame
the 811 galvanized steel fence is also in the picture, when our HOA guidelines ( per Joe Clark)
specifically states it has to be vinyl coated green or black.
Thanks you for your consideration in delaying this process and hopefully rejecting the current
proposal.
Sincerely,
Gail ODonnell
1320 Tamarack Trail
From: John Labrie
To: Parker Walsh
Cc: Kelly Labrie; drsedwftutlook.com
Subject: Special Exception 24-0003 - Request for special assembly building at 1645 N Scott Blvd
Date: Friday, May 31, 2024 9:26:52 AM
A
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Parker,
I'm following up on email correspondence that you and I had regarding the above topic earlier
in the month. I was advised by my realtor (copied on this email) this morning that because of
the proposed construction and potential future work at the Preserve, the buyers of my home at
1380 Tamarack Trail who were under contract to purchase the property and close on June 14th
have backed out of the agreement. I now plan to invest thousands of dollars in backyard
landscaping as an attempt to obstruct the view of the preserve property and areas of potential
future construction as best I can so that I can try to sell my property.
I am very disappointed about the feedback that I received regarding the interaction between
the owners / operators of the preserve and members of the Tamarack Trail community during
the meeting that occurred earlier this week. I wish that preserve leadership was being more
understanding of the concerns expressed by the Tamarack Trail community and think that they
should be willing to invest in ways that would help solve the concerns expressed by the
neighborhood. Options for doing so would include ideas like replacing the current chain link
fence with plantings or other barriers that would be more aesthetically appealing and would
both better restrict view of the intended changes to their property while enhancing the beauty
of both their property and the neighborhood.
I would appreciate it if you could express myviews to the entire board duringyour upcoming
meeting on the topic. Thank you for your consideration and any support you can provide to the
consequences this issue is having on my ability to sell my property.
Sincerely,
John Labrie
igLabrie(aoutlook.com
734.276.0708
From: IowaCitv@)enotifv.vsoninternet.com
To: Parker Walsh
Subject: Special Exception -Harvest Preserve
Date: Friday, May 31, 2024 4:56:23 PM
RISK
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. ** Message submitted from the <Iowa City, IA> website.
Site Visitor Name: Carlos and Laurie Pacheco
Site Visitor Email: Pachfam44@gmail.com
May 31, 2024
Mr. Parker Walsh
Neighborhood and Development Services
City of Iowa
Re: Special Exception -Harvest Preserve
Mr. Walsh,
After attending the good neighbor meeting hosted by Harvest Preserve, we were informed that
the current build site was not their first choice. They indicated that the first site choice was
not acceptable to Iowa City because it involved septic installation.
Wouldn't it make sense to grant an exception for installation of septic at the original site
instead of upsetting 40 some residents that are being affected by the special exception
application at the proposed second choice site?
Our concerns are as follows:
-Building occupancy is for 160. Where will everyone park? Vehicle overflow will force
individuals to park on Tamarack Trail. This will be a big safety concern for parents and their
small children.
-Noise, car lights, parking lot lighting next to a residential community is also of great concern.
-Unsold Tamarack Trail residential lots, will remain unsold due to the proposed new building
structure. This may result in a depreciation of home values.
Please recognize our concerns, re-evaluate the "Special Exception" and proposed location.
Please enable Harvest Preserve to move forward at another location, away from Tamarack
Trail residents.
Sincerely,
Carlos and Laurie Pacheco
1274 Tamarack Trail
Iowa City, IA 52245
Pachfam44@gmail.com
From: rob Phipps
To: iulieftarvestoreserve.ora; Parker Walsh
Subject: Harvest Preserve Pond House
Date: Sunday, June 2, 2024 2:41:25 PM
RISK
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Julie and Parker,
We own several lots that directly back up to this project.
I understand the desire for such a facility although on such a large piece of land it seems it could be
located in a different area not impacting homes. If it has to be in this location I would propose
maybe a nicer fence and some more trees as a concession.
Thanks
Rob Phipps
Sent from Mad for Windows
Department of Otolaryngology — Head & Neck Surgery
L
fil UNNERSITYOF IOWA
HOSPITALS&CLINICS
University of Iowa Health Care
June 26, 2024
Mr. Parker Walsh
Iowa City Board of Adjustments
Iowa City Iowa
Dear Mr. Walsh
200 Hawkins Dr. 21200 PFP
Iowa City. 1A 52242
319-356-2201 Tel
319-356-4547 Fax
uihc.org
I am writing this email in strong opposition to the proposed expansion at the Harvest
Preserve located on Scott Blvd in Iowa City. I am a homeowner in the Tamarack
neighborhood. I am concerned that this expansion will drastically impact our property values,
most significantly those whose property backs up to the Preserve. This should concern the
Iowa City Council as it will certainly impact tax assessments. Our currently yearly tax
payment is $14,000 and our neighbors are likely similar which means our neighborhood
contributes several hundred thousand dollars each year to the city budget. There are no
positives that can be gained from this proposed expansion and construction.
Thank you for your consideration,
Sincerely,
i5-1If 1-11(c%,w
Dr. Brian and Sarah Andrews
2870 Buckle Down Cir
Iowa City, IA 52245
From:
Andrews. Brian T
To:
Parker Walsh
Subject:
Harvest Preserve Expansion opposition
Date:
Wednesday, June 26, 2024 3:31:53 PM
Attachments:
We sent you safe versions of your files.msa
Tamarack Letter 2024.Ddf
A
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Mr. Walsh
Please accept my letter of strong opposition to the Harvest Preserve Parking lot proposition.
The Tamarack neighbor which abuts the Harvest Preserve is unanimously in opposition to this
expansion and construction.
Thank you,
Brian Andrews
From:
Anith Mathai
To:
Parker Walsh
Subject:
Re: Special Exception 24-0003 1645 N Scott Blvd
Date:
Wednesday, June 26, 2024 3:57:54 PM
Attachments:
imaoe001.ona
imaoe002.ono
imaae003.ona
imaoe004.ono
imaae005.ono
jrnaae006.ono
A
r A This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. **
Hi Parker,
I would like to add to my original list, that I oppose this measure to allow construction. After
attending the "Good neighbor meeting" and being informed that the capacity for this building
would be 160 people, but with only 39 planned parking spots, it's clear that the overflow
parking would spill onto Tamarack Trail. In addition, since the event center is not restricting
consumption of alcohol on premises, nor limiting the nature of the events (e.g. a wedding
could be hosted or an evening event), this could result in disorderly conduct or impaired
driving on Tamarack trail, on which reside a number of younger children.
In summary, allowing this construction will
1. Reduce property values on Tamarack trl overall
2. Encourage future exceptions, which will not match the original zoning plan, and discourage
organized development
3. Increase traffic and reduce the orderly flow of traffic on Tamarack trl (due to lack of
parking spots)
4. Result in potentially disorderly conduct of patrons of the center (loud music etc)
5. Increase chances of impaired operation of motor vehicles on a residential street.
Regards,
Anith
On Wed, 29 May 2024 at 08:19, Parker Walsh <PWalsh&iowa-ci .ore> wrote:
Thank you, Anith. I will pass your comments along to the Board of Adjustment for
consideration.
Thanks,
Parker
® IOW" ' CI1Y Parker Walsh
A UNESCO CITY OF LITERATURE
WWW ICGOV.ORG Associate Planner
0060 p: 319-356-5238
410 E Washington St
Iowa City, IA 52240
Iowa City Transit is now FARE
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From: Anith Mathai <anithmathai(�,)gmail.com>
Sent: Tuesday, May 28, 2024 5:31 PM
To: Parker Walsh <PWalsh iowa-ci .ore>
Subject: Special Exception 24-0003 1645 N Scott Blvd
A
** This email originated outside of the City of Iowa City email system. Please take extra care
opening any links or attachments. **
Dear Mr. Walsh,
As I will not be able to attend the public meeting, I wish to provide my written comments.
As a resident of Tamarack trail (1369), I wish to convey my opposition to the special
exception 24-0003. Specifically for reasons stated below (as referred to in the 14-413-3A
general criteria in the Iowa City code) see text in italics
1. The specific proposed exception will be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood.- I expect this exception will reduce
property values in the area.
3. Establishment of the specific proposed exception will not impede the normal
and orderly development and improvement of the surrounding property for uses
permitted in the district in which such property is located. - Future exceptions may
be allowed that do not match the orderly development for which this area was
zoned.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.- I expect the traffic to
increase substantially, resulting in overflow onto Tamarack TH.
Thank you for your consideration.
Anith Mathai
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for
use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby
notified that any disclosure, copying, distribution or taking action in relation of the contents of this
information is strictly prohibited and may be unlawful.
Hello Parker,
My name is Chad VanderLinden. My wife, Nicole, and I are currently building our new home at 1292 Tamarack Trail on
Lot #50. The proposed building on Harvest Preserve brings to light several concerns we have.
The proposal reveals several facts about the land on Harvest Preserve that were not disclosed to us during the sales process.
Of note, we purchased the lot directly from the developer, Joe Clark who frequently referenced his business partner was the
owner of Harvest Preserve, Doug Paul. We were told by Joe Clark on several occasions that the land our lot adjoins on
Harvest Preserve was conserved in perpetuity and could not be built on. We were not told about any building envelop. Since
the sellers were the developer and the land owner, they would have known the information they were telling us was not true.
This lack of disclosure was a breach of duty we take seriously. We understand our experience was mirrored by many other
lot purchasers on Tamarack Trail. We would not have purchased and built our forever home on this lot had we known there
was a building envelop directly against the back of it that could be developed in the future.
Paragraph A2 of the general approval criteria for special exemption states that the project will not impair or diminish the
property values in the neighborhood. It is unarguable that having an event building with parking lots behind the homes on
Tamarack Trail would decrease their property value. Lots with undeveloped land behind them are inherently more valuable
than lots with developed land behind them. Therefore, perhaps Harvest Preserve would be willing to make some
concessions and improvements that would offset some of this loss in property value. Here are some possibilities.
1. The gray steel chain link fence was not present when many of these lots were sold. The fence has been deemed an
eye sore and made the lots that join Harvest Preserve less desirable on its own. Harvest Preserve would agree to replace this
fence with one that would be more aesthetically pleasing to the members of Harvest Preserve and their neighbors on
Tamarack Trail. The design would be agreed on by both parties. As an idea, the thin black wired fence behind our lot is
difficult to pick out against the trees.
2. The building envelope would be redrawn to encompass only the new building and parking lots. The land that was
formally part of the building envelope would have the same restrictions on its use as the rest of Harvest Preserve. This
would give their neighbors on Tamarack Trail reassurance that further expansion would not be made in the future.
3. Harvest Preserve would agree to reforest the land that was formally part of the building envelope. This
reforestation would be consistent with Harvest Preserve's stated mission of land preservation. A less visible fence and future
wooded backdrop would counter balance some of the loss in property as a result of the new building and its parking areas.
Clearly, lots with a wooded backdrop are more valuable than lots with an open field.
These changes could provide a win win compromise for both parties. Harvest Preserve could get their new building and
Tamarack Trail home owners could have a less visible fence that could blend into a wooded backdrop for their properties
once the forest starts to take shape in a few years.
If you or members of the board have any questions for myself or Nicole please don't hesitate to reach out to us
Thank you,
C, Vq 7,i
Chad VanderLinden
616-826-2901
/(/6CSCGsi �Oaf�A�C_uf�
Nicole VanderLinden
319-512-9952
July 2, 2024
Dear Parker and Members of the City of Iowa City Board of Adjustment,
I am writing to express my opposition to the proposed Special Exception 24-003 request to build a parking area and a private use
assembly building at the Harvest Preserve. The private use assembly building will be used for various purposes including camps,
weddings, and receptions. The maximum capacity is 122 occupants with 21 parking spaces.
The following issues could negatively impact the residents of the Tamarack Trail neighborhood:
• Noise: Car doors, engines, music, voices, and general noise are significant concerns. (General Criteria A.1)
• Intoxicated Occupants: Julie at the Harvest Preserve has not addressed this issue. However, if wedding receptions are held
there will likely be alcohol present. (General Criteria A.1)
• Trash and Garbage: Julie has stated she does not want to work on weekends. Without adequate operational controls in
place, there is a concern for increase trash and garbage. (General Criteria A.1)
• Lighting: Parking lot lights and headlights from cars will negatively affect many homes and residents on Tamarack Trail.
(General Criteria A.1)
• Safety: An increase in traffic and parking is likely on Tamarack Trail and Buckle Down Circle. (General Criteria A.1 and A.5)
Traffic
The Navigation APP, Waze, directs drivers through Tamarack Trail when traveling north on 1st Avenue to the destination of 1645
North Scott Boulevard. This could result in additional vehicles using Tamarack Trail.
The Iowa DOT collected traffic volumes during the 2020 season. Even though these numbers may have been impacted by COVID-19,
they still provide a useful reference for vehicle volumes and potential traffic patterns at the proposed site.
According to the Iowa Traffic Data (arcgis.com) a total of 26,200 vehicles per day converged on the intersection of Scott Boulevard
and 1st Avenue.
52%from east of 1st Avenue on Scott Boulevard
19%from west of 1st Avenue on Scott Boulevard
29%from 1st Avenue
With the proposed site as the destination, there is a potential for 81 extra vehicles converging at the intersection of Scott Boulevard
and 1" Avenue. This could mean 24 vehicles arriving before an event and 24 vehicles leaving after the event would be traveling on
1" Avenue, some of which may have intoxicated drivers. This increase in traffic raises significant concerns for the safety and well-
being of Tamarack Trail residents.
Parking
According to the 2022 National Household Travel Survey, the average number of occupants per trip for all household vehicles was
1.5 persons. Source: FOTW #1333, March 11, 2024: In 2022 the Average Number of Occupants Per Trip for Household Vehicles in the
United States Was 1.5 1 Department of Energy
The Special Exception 24-003, which requests to construct a private assembly use building, has a maximum capacity of 122 persons
with 21 parking spots. Based on the average number of occupants per vehicle, the following is an estimate of the number of vehicles
that could attempt to park at the proposed site:
• 120occupants —80vehicles
• 100occupants —67vehicles
• 80occupants —53vehicles
• 75occupants —50vehicles
0 60occupants —40vehicles
When more than 32 people assemble at this gathering center, there is a strong possibility of parking overflow. The overflow vehicles
will likely park on the 'chip seal' driveway that runs parallel with the fence or on Tamarack Trail. The 'chip seal' option would
potentially be used first, followed by Tamarack Trail, as it is in clear view of the proposed site. The distance between Tamarack Trail
and the proposed site is only a 0.12-mile drive and/or walk.
Image #1: Distance from Private Use Assembly Building to Tamarack Trail
Image #2: Available Sidewalk from Private Use Assembly Building to Tamarack Trail. Please see red line below.
Regarding the potential impact of overflow parking on Tamarack Trail, the standard dimensions for parallel parking spaces typically
require a minimum of 22 feet. Source: What Are the Standard Parking Space Dimensions? (asphaltkin¢dom.com).
Example
If 122 occupants (max capacity) attend this proposed building site at once, the 21 available parking spots will be filled and
the overflow of parked cars could potentially park on the 'chip seal' or Tamarack Tamarack and Buckle Down Circle.
22 feet x 60 vehicles =1320 feet
The 'chip seal' driveway is approximately 1068 feet long. This is not enough space for occupants to park without overflowing to
other areas.
Image #3: Length of Chip Seal Driveway
Distance: 326meters 10.326km 1106f FM 1356 yards 10.202mlles
If occupants are allowed to park on the 'chip seal' driveway, there will still be an excess of approximately 12 vehicles. Most of these
vehicles will likely park on Tamarack Trail, further increasing congestion and potential safety hazards for the neighborhood.
Image #4: Shows Impact of Overflow Parking on Tamarack Trail
If occupants are not allowed to park on the 'chip seal' driveway for reasons such as weather and Harvest Preserve policy, there could
potenially be an excess of 60 vehicles that park on Tamarack Trail and this may also lead to parking on the adjacent Buckle Down
Circle.
81 total vehicles - 21(parking spots available) = 60 (overflow) Please see below:
Google Area & Distance Calculator Map I Measure Distance Area on Google map (maps.ie)
Image #4: Shows Impact of Overflow Parking on Tamarack Trail and Buckle Down Circle
Distance: 402 ^ .,.,. . .
Furthermore, there are approximately 28 children under the age of ten in the neighborhood. Many of these children ride bikes,
scooters, and walk around the area regularly. Approval of Special Exception 24-0003 has the potentially to significantly increase the
risk to these children, compromising their safety and well-being.
In order to grant a special exception, the Board must find that an applicant meets specific criteria. The examples stated above
demonstrate that the Special Exception 24-003 does not meet the general approval criteria A.1, "The specific proposed exception
will not be detrimental to or endanger the public health, safety, comfort, or general welfare" and general approval criterial A.S,
"Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public
streets."
Appreciatively,
Reggie Schirm
1236 Tamarack Trail
Iowa City, Iowa 52245
From: Marcia Hammond
To: Parker Walsh
Subject: Special Exception 24-003
Date: Wednesday, July 3, 2024 7:30:27 AM
** This email originated outside of the City of Iowa City email system. Please take extra care opening
any links or attachments. ** Parker.
In good faith...
Intentions... Deception...
Many thoughts go into this email as I write. I made the decision to move here after years of looking around
deciding on where I would spend the last chapter of my life.
I was told by my builder the land behind me was in a trust and nothing would be built for 100 years.
Is it good faith or deception as I have nothing in writing from said builder nor do the other homeowners on
Tamarack
Trail.
This project to build is not in keeping with the environment of this community.
The special exception changes the landscape of the community and raises very serious concerns for:
Safety
Noise pollution
Light pollution
The land itself from woodland to surface parking and a building to accommodate around 120-160 people.
The value of homes
The reason I use the word deception is there are other areas in the preservation the building could reside
because you can have a septic system due to the fact there is much acreage to support that type of system
We have as home owners in building, met all the conservation standards and paid the high level tax this
community requires.
There are no special exceptions for homeowners who are your constituents why would you consider this
project when it is not inclusive of all. We have long suffered the results of privatization at the expense to
the tax payers. Our properties are our biggest investment let us keep the intention of the community.
Residential
Thank you for your time and consideration.
Marcia A Hammond
1344 Tamarack Trail
Petition - Special Exception Request 24-0003 at the Harvest Preserve
We pose strong opposition to the proposed Special Exception Request 24-0003 at the Harvest Preserve
in Iowa City, IA. This request is for a private group assembly building sized 60 x 40 (2400 square feet) and
25 feet 10 inches in height, capable of accommodating up to 122 occupants with 21 parking spaces. This
project raises several concerns including an increase in traffic and parking issues, potentiality inadequate
operational controls for building/event use, possible increase in alcohol use, noise and light pollution,
and a negative impact on property values. If passed, this exception could potentially upset the peaceful
living arrangement in our neighborhood, compromising the overall quality of life and safety for
homeowners and their families. We urge our fellow residents and concerned citizens to reject the Special
Exception Request 244=3 at Harvest Preserve. Sign the petition to voice your opposition against this
proposal.
V --
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LEGAL DESCRIPTION
AUDITOR'S PARCEL 2008120, A PORTION OF THE SOUTHEAST ONE -QUARTER AND A PORTION OF
THE SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER OF SECTION 1, TOWNSHIP 79
NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF IOWA CITY, JOHNSON COUNTY,
IOWA, AS SHOWN AND DESCRIBED ON THE PLAT OF SURVEY RECORDED IN PLAT BOOK 53 AT
PACE 325 OF THE RECORDS OF THE JOHNSON COUNTY, IOWA. RECORDER
SITE CHARACTERISTICS
CURRENT ZONING: 10-RS
PROPOSED USE: PRIVATE GROUP ASSEMBLY, BY WAY OF SPECIAL EXCEPTION
n 11CIIN - 4F TDA KS'
FRONT - 20'
SIOE 20'
REAR 30'
Q 11 nIN - NwwA T RI�T1C'-`
DUILDING HEIGHT - 29'-10-
OUILID NO AREA 2.400 SF
1ST FLOOR 2.400 SF
LOWER LEVEL m 2.400 SF
PARKING RrQUIIRrMrNTS PRIVATE GROUP ASSEMBLY
- PARKING SPACES EQUAL TO 1/6 THE OCCUPANT LOAD OF THE LARGEST ROOM,
LOAD FACTOR: 16 NET Sr / PERSON
1.523.25 / 15 - 122 OCCUPANTS
122 X (1/6) - 21 SPACES REQUIRED
21 SPACES PROVIDED (2 ADA)
Petition - Special Exception Request 24-0003 at the Harvest Preserve
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August 22, 2024
Board of Adjustment Meeting
DISCUSSION OF BYLAWS
ITEM 4 ON THE AGENDA
Prepared by Staff
r
--t_--.®I, CITY OF IOWA CITY
�� MEMORANDUM
Date: August 16, 2024
To: Board of Adjustment
From: Susan Dulek, Ass't. CityAttorney�
Re: Possible Amendment to the Procedural Rules (aka, the bylaws)
The agenda for the August 22 Board of Adjustment meeting contains an item to discuss
the question of nominating a member who is not present at the meeting.
Currently the Procedural Rules (aka, the bylaws) for the Board of Adjustment do not
specifically address the nomination of a member for the office of Chair or Vice Chair
who is not present. I said specifically as the Procedural Rules do state Robert's Rules
apply except as otherwise provided, and Robert's Rules do address this matter. The
issue is whether the Board desires to have Robert's Rules govern this situation or
wishes to adopt a different procedure.
There are three options, which in no particular order are:
1. Under Robert's Rules, a member who is nominated but not present can decline
the nomination. In order to facilitate this, the Board Secretary (City staff) should
be assigned to notify the person promptly of the nomination, and the person
should either accept or decline the nomination. If the person declines, the
agenda for the next meeting would include a new election.
2. Another option is to prohibit the nomination of a person who is not present. In
this instance, the Board need not defer the election of both offices to the
following meeting. For example, Member A is present and is nominated
for/elected as Chair. Member B is not present but others would like to nominate
Member B for Vice Chair. The Board would just defer the election for Vice Chair
to the next agenda. If the situation was reversed, the newly elected Vice Chair
would preside over the meeting and the election of the Chair would be on the
following agenda.
3. The above two options are known as nominations from the floor. A third option is
nomination via a slate of candidates put forth by a Nominating Committee, which
the Board then votes to approve the slate. The Committee will have spoken to
the candidates who, in turn, will have indicated they will accept the nomination.
Given that the Board has only 5 members, this does not appear to me to be a
good option, and I am not aware of any City Board or Commission that elects via
a slate.
Attached to this Memo is a copy of the current Procedural Rules with proposed
revisions to adopt either of the first two options described above. It takes three votes to
amend the Procedural Rules, which are not effective until approved by the City Council.
Copy to: Park Walsh, Planner
PROCEDURAL RULES
Iowa City Board of Adjustment
ARTICLE I. AUTHORITY:
The Iowa City Board of Adjustment shall have that authority which is conferred by
Chapter 414 of the Code of Iowa; City Code Title 14, Chapter 7, entitled
"Administration," Article A, entitled "Board of Adjustment," and through the adoption of
these procedural rules stated herein.
ARTICLE It. MEMBERSHIP:
Section 1: Qualifications. The Board of Adjustment shall consist of five (5) members
appointed by the City Council. All members of the Board shall be residents of Iowa City,
Iowa. A majority of the members of the Board shall be persons representing the public at
large and shall not be involved in the business of purchasing or selling real estate.
Section 2: Compensation. Members shall serve without compensation but may be
reimbursed for expenses incurred for travel outside the city on designated Board
business. Such expenses must be submitted to the City Manager.
Section 3: Orientation for New Members. Prior to the first regular meeting following
their appointment, each new member shall be given an orientation briefing by City staff
and be provided with the Board's procedural rules and other information that may be
useful to Board members in carrying out their duties. The City Zoning Code and the
Comprehensive Plan are available online.
Section 4: Absences. Three (3) consecutive unexplained absences of a Board member
from regular Board meetings may result in a recommendation to the City Council from
the Board to discharge said member and appoint a new Board member. Members shall
be removable for cause by the City Council upon written charges after a public hearing.
Section 5: Vacancies. Any vacancy on the Board because of death, resignation, long-
term illness, disqualification, or removal shall be filled for the unexpired term by the City
Council after at least thirty (30) calendar days of public notice of the vacancy.
Section 6: Terms. Members shall be appointed for terms of five (5) years. No members
shall be appointed to succeed themselves. However, a member appointed to fill an
unexpired term with one (1) year or less remaining may also be appointed concurrently
for one full five (5) year term.
Section 7: Resignations. Resignation should be submitted in writing to the Board
Secretary, who will transmit the resignation to the City Council with copies to the City
Manager, the Director of Neighborhood and Development Services, and the Board
Chairperson, preferably at least sixty (60) days prior to the date of intended departure.
Section 8: Temporary Alternate. An alternate member, if available, shall be appointed
as provided herein, to replace a member who is unable to participate in an appeal of an
administrative decision due to a conflict of interest. Any person who has served as a
member of the Board within the five (5) years preceding the filing of the appeal, and who
represents the public at large and is not involved in the business of purchasing or selling
real estate, shall be qualified to serve as an alternate. When a member has recused
himself/herself due to a conflict and the date of hearing before the Board has been set,
the Secretary of the Board shall notify all such persons and the first to agree to serve as
the alternate is hereby appointed to do so.
ARTICLE III. OFFICERS:
Section 1: Number. The officers of the Board shall be a Chairperson and a Vice -
Chairperson, each of whom shall be elected by a majority vote of the members of the
Board. The Board Secretary shall be a staff person, who is appointed by the Director of
Neighborhood and Development Services.
Section 2: Nomination, Election and Term of Office. The Chairperson and Vice -
Chairperson shall be elected annually at the first regular meeting of the Board each year,
except as provided herein.
A member who is not present at the meeting may not be nominated for an office, and
members may defer election for that office until the next meeting.
M7
The Secretary must promptly notify a member elected to an office if the member was not
present at the meeting. The member must notify the Secretary whether the nomination
is accepted or declined, and if declined, election for that office will be placed on the
agenda for the next meeting.
Section 3: Vacancies. A vacancy in the office of Chairperson or Vice -Chairperson
because of death, resignation, removal, disqualification, or other cause shall be filled by
election from the members of the Board for the unexpired portion of the term.
Section 4: Chairperson. The Chairperson shall, when present, preside at all meetings,
call special meetings, and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to
time. Such Chairperson may administer oaths and compel the attendance of witnesses.
Section 5: Vice -Chairperson. When the Chairperson is absent, abstaining, or recusing,
the Vice- Chairperson shall perform the duties of the Chairperson and shall have all the
powers of and be subject to all the restrictions upon the Chairperson.
Section 6: Acting Chairperson. In the absence and/or due to the abstention or recusal
of both the Chairperson and Vice -Chairperson, the remaining three (3) Board members
may elect a member to serve as Acting Chairperson. The Acting Chairperson shall
perform the duties of the Chairperson and when so acting shall have all the powers of
and be subject to all the restrictions upon the Chairperson.
Section 7: Secretary. The appointed staff person, who serves as the Board's Secretary,
shall be responsible for maintaining the office of the Board, receiving and filing Board
decisions and orders, posting and publishing notices as required by law, and for
maintaining minutes and other records of the Board's proceedings.
ARTICLE IV. APPLICATIONS:
Section 1: Application Forms. Any application for a request or appeal to the Board of
Adjustment shall be filed with the City Clerk on forms provided by the Secretary of the
Board. The Secretary's office is located in the Department of Neighborhood and
Development Services. Forms are available in the Office of the City Clerk and on the
City's website. In the appropriate cases, the Building Official shall transmit to the
Secretary all documents constituting a record, upon which the Board shall act.
Section 2: Application Submittal. Appeals to the Board shall be filed with the City
Clerk within a reasonable time period, not to exceed thirty (30) calendar days after the
action appealed from, and shall specify the grounds for such appeal. An appeal from a
decision by the Building Official to issue a building permit shall not be deemed to have
been filed within a reasonable time if such appeal is filed more than fifteen (15) calendar
days after construction work pursuant to such permit is observable from adjacent
properties or the public right-of-way or fifteen (15) calendar days after an alleged
violation of the zoning code is similarly observable. Applicants may appeal an approval
or a denial of a Certificate of Appropriateness from the Historic Preservation
Commission within a conservation district by filing a letter with the City Clerk within
fifteen (15) calendar days after a Resolution of Denial is filed by the Commission.
Section 3: Application Filing Fee. The applicant shall complete the required forms,
provide all information requested on the form, and provide any additional information as
requested by the Secretary of the Board. A filing fee shall be paid upon presentation of
the application. Application fees are established by resolution of the City Council.
Section 4: Party of Interest. Requests for a variance or special exception must be filed
on behalf of the real party in interest, such as the owner or contract purchaser.
Section 5: Case Number. An application filed according to the above procedure shall
be given a case number within seven (7) calendar days of the filing date. Case numbers
will be assigned according to the order in which applications are received.
ARTICLE V. NOTICE:
Section 1: Notice Letters. No less than ten (10) calendar days prior to the public
hearing, the Secretary of the Board shall send notice by mail to all property owners of
record and to all non -duplicative individual occupants (when available on the City
Assessor's website), within 500 feet of the subject property. Such notice shall include a
description of the action requested along with the time and location of the meeting. The
applicant shall be formally notified of the time and place of the hearing, in writing, by the
Secretary of the Board.
Section 2: Newspaper Notice. Notice of the time and place of public hearings shall be
published in a newspaper of general circulation not more than twenty (20) calendar day
nor less than ten (10) calendar days prior to the hearing. It shall contain the street
address or location of the property and a brief description of the nature of the application
or appeal.
Section 3: Notice Sign. No less than ten (10) calendar days prior to the public hearing,
the Applicant shall post a sign on or near the property upon which the application is
being made and shall remove the sign immediately following the public hearing on the
application. The sign will be provided to the applicant(s) by the Board Secretary.
ARTICLE VI. HEARING:
Section 1: Regular Hearings. Hearings will be held as needed at a regular time and
place to be set by the members of the Board.
Section 2: Special Hearings. Special hearings or meetings of the Board may be called
by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the
request of three (3) or more members of the Board.
Section 3: Place of Hearings. All hearings and meetings of the Board shall be open to
the public and shall be in a place accessible to people with disabilities.
Section 4: Quorum. Three (3) members of the Board shall constitute a quorum
Section 5: Applicant Representation. The applicant may, at the time of the public
hearing, appear on their own behalf and be represented by agent and/or counsel. The
applicant or their representative may present oral argument and testimony; witnesses,
including experts; and may submit written evidence and exhibits in the form of
statements, photos, charts, or other relevant evidence. In the absence of the applicant or
their representative(s), the Board may proceed to act on the matter based on the
information provided.
Section 6: Briefs. The Board may request written briefs for legal argument. Applicants
may submit written briefs if they so choose.
Section 7: Conduct of Hearing. Order and decorum shall be maintained at the hearing
by the Chairperson of the Board of Adjustment, so as to allow an orderly presentation of
evidence wherever possible. The Chair may swear witnesses and direct order of
testimony. The Chair shall avoid testimony that is overly redundant. The Chair may
provide for recesses during the deliberation, as appropriate.
Any Board member who has a legal conflict of interest shall recuse him/ herself from the
decision -making process. A member who has a legal conflict of interest or otherwise
elects to recuse him/herself due to a perceived conflict of interest shall state the reason
for recusal prior to discussion of the matter under consideration and may choose to
leave the meeting room for the duration of the proceedings for that application.
Section 8: Hearing Order for Special Exceptions and Variances. The order of
hearing for special exception or variance requests shall be as follows:
Staff presentation of the facts of the case and recommendation to the board.
Statement by proponents of the application.
Statement by opponents of the application.
Rebuttal by proponents and then by opponents.
General discussion by the Board. The Board may request additional
comments from the participants.
Section 9: Hearing Order for Appeals. The order of hearing for appeals of an
administrative decision shall be as follows:
1. Brief introduction by the Secretary of the Board setting forth the
administrative decision on appeal and appellant's grounds for the appeal.
2. Appellant presentation on the rationale for the appeal.
3. Staff presentation on the rationale for the administrative decision being
appealed.
4. Statement by proponents of the appeal.
5. Statement by opponents of the appeal.
6. Rebuttal by proponents and then by opponents.
7. General discussion by the Board. The Board may request additional
comments from the participants.
Section 10: Board Deliberation. After all parties have been heard, the public hearing
will be declared closed so that the Board may deliberate the case. The Board must state
findings of fact and conclusions of law. These facts and legal conclusions must be set
forth in writing as required by Iowa law. An application may be deferred or withdrawn at
the request of the applicant at any time before a decision is made by the Board.
Section 11: Board Motions. Motions may be made and seconded by any member of
the Board. Motions are always made in the affirmative, approving the requested action.
Section 12: Board Voting. After a motion and discussion, the Board shall be polled for
votes. A board member may abstain from voting, which is a non -vote. The concurring
vote of three (3) members of the Board shall be required to uphold an appeal, to decide
in favor of a special exception, or to grant a variance.
Voting on Board decisions will be by roll call and will be recorded by yeas and nays.
Proxy votes are not allowed.
Section 13: Legal Advisor. The City Attorney or a designated representative shall act
as legal counsel to the Board.
Section 14: Conduct of Meetings. Except as otherwise provided herein, Robert's
Rules of Order Newly Revised shall be used to conduct Board hearings and meetings.
ARTICLE VII. RECORDS:
Section 1: Record of Hearings. Audio recordings shall be made for all hearings and
such recordings shall be kept for a period of no less than six (6) weeks. Minutes shall be
produced from such recordings and forwarded to the City Council after approval by the
Board or the Secretary of the Board. All minutes shall be maintained by the Secretary of
the Board and shall also be on file at the City Clerk's Office. The applicant may request a
court reporter at the applicant's own expense.
Section 2: Case Files. The Secretary of the Board shall keep a file of all cases,
including forms and additional information. Said file shall be a public record and
available for public inspection during business hours. Copies may be made available
upon request, at cost.
Section 3: Transcript. Upon request, a transcript or the audio recording of the Board's
deliberation will be made, at cost to the requester. In the case of an appeal to district
court there is no charge for the transcript.
ARTICLE Vill. DECISIONS:
Section 1: Timing. Whenever possible, decisions by the Board shall be made at the
same hearing wherein the testimony and presentation of evidence are considered.
Section 2: Format. Formal decisions shall be made in writing, setting forth findings of
fact and conclusions of law as required by Iowa law.
Section 3: Filing. Each decision shall be filed with the City Clerk within a reasonable
time after the Board hearing, and shall be stamped by the Clerk to indicate the date and
time of filing. The Clerk will forward the decision to the Johnson County Recorder's
Office for recording at the City's expense.
Section 4: Contact. A copy of said decision shall. be forwarded by the Secretary of the
Board to the applicant, the Building Official, the City Attorney's Office, and any Attorney
of Record within a reasonable time after filing with the City Clerk.
Section 5: Reconsideration. Upon written request, the Board may reconsider a
decision on a special exception or variance application. A request for reconsideration
must be made within fifteen (15) calendar days of the meeting at which a vote on the
application was originally taken and shall articulate and be based on evidence that was
not presented or was unavailable at the time of the original hearing. A motion to
reconsider must be made at the subsequent meeting by a member of the Board who
voted on the prevailing side. If a motion to reconsider is approved, the application will be
placed on the agenda of the next meeting in order to satisfy the requirement for public
notice and hearing. No decision may be reconsidered more than once. Appeals to the
Board may not be reconsidered.
ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES.
Section 1: Amendment. A concurring vote of three (3) of the members of the Board
shall be necessary to amend these procedural rules. Such proposed amendments shall
be presented in writing at any regular meeting or at any special meeting called for that
purpose. Amendments shall go into effect upon approval by the City Council.
(Adopted Reso. No. 24- )
August 22, 2024
Board of Adjustment Meeting
PRELIMINARY MEETING MINUTES
ITEM 5 ON THE AGENDA
MINUTES
BOARD OF ADJUSTMENT
FORMAL MEETING
EMMA HARVAT HALL
APRIL 10, 2024 — 5:15 PM
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
CALL TO ORDER:
PRELIMINARY
Larry Baker, Nancy Carlson, Bryce Parker (via zoom), Mark
Russo, Paula Swygard
Sue Dulek, Parker Walsh
Casey Kohrt
The meeting was called to order at 5:15 PM.
ROLL CALL:
A brief opening statement was read by Baker outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
SPECIAL EXCEPTION ITEM EXC24-0002:
An application submitted by Casey Kohrt requesting a historic preservation exception to 1)
reduce the minimum onsite parking required for a three -bedroom single family home from two to
one space and 2) waive the standard that parking spaces within the front setback must be
located behind another parking space for the property at 435 Rundell Street.
Baker opened the public hearing.
Walsh began the staff report showing an aerial of the property and then the zoning map which
shows this property as within a historic district overlay, which grants them the ability to have the
historic preservation exception tonight. He stated this is a three -bedroom single-family home
constructed in 1937, the house is a key contributing structure in the Longfellow Historic District,
and the applicant is seeking to convert the garage to habitable living space in order to assist
their ability to live in the home long term. On March 21, 2024, the Historic Preservation
Commission approved a Certificate of Appropriateness to allow the garage conversion and rear
additions subject to the condition that window and door products are approved by staff and that
will be approved by the historic preservation planner during the building permit review. The
Certificate of Appropriateness also acknowledges that the project can lead to historic preservation
exception from the Board of Adjustment to reduce or waive the parking requirements. The
exception requests to reduce the onsite minimum parking requirements from two to one and the
standard that parking spaces within the front setback must be located behind another parking
space.
Walsh shared the existing floor plan with noting the covered patio in the rear and the existing
garage. He then showed the proposed floor plan with the rear addition in the same location as
the previous covered patio but noted that addition is not part of the Board of Adjustment review
Board of Adjustment
April 10, 2024
Page 2 of 7
tonight, the Historic Preservation Commission already reviewed and approved the addition
through the Certificate of Appropriateness, with a building permit being the next step for the addition.
The focus tonight is for the garage, the plan is to convert it in order to have a first -floor restroom,
which the home does not currently have, as well as some additional habitable space. The plan
is to replace the garage door with a wall but still maintain the appearance of a garage from the
outside and still appear as a single stall garage after the conversion.
Walsh stated since this is a three -bedroom home the Code will require two parking spaces,
which they have currently with one within the garage and one within the driveway. The owner is
requesting to waive the required two parking spaces and also waive the parking within the front
setback standard. Again, the Code currently requires at least one space to not be within the
front setback or the driveway and by converting the garage the only other available parking
location will be within the driveway which is also within the front setback.
Walsh next reviewed the specific approval criteria, starting with the Historic Preservation
Exception. Criteria one is the modification or waiver will help preserve the historic aesthetic or
cultural attributes of the property. Staff found the existing historic character will be preserved as
the remodel will maintain the appearance of a permanent single car garage which was original
to the house and important to maintain the character.
Criteria two is that the applicant must obtain a Certificate of Appropriateness from the Historic
Preservation Commission. Walsh confirmed on March 21, 2024, the applicant received an
approved Certificate of Appropriateness.
Walsh next reviewed the general approval criteria that must be met for approval of all special
exceptions. First is the proposed exception will not be detrimental to or endanger the public
health, safety, comfort, and general welfare. Walsh noted the use of and intensity of the
property will not change due to the garage converting to living space nor will it impede the
access of any surrounding properties as all changes will happen on the site within the existing
footprint of the property.
Criteria two is that the specific proposed exception will not be injurious to the use and enjoyment
of the property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood. The findings for this are the proposed alteration will not impact the
ability of neighbors to utilize and enjoy their properties, nor will it negatively impact property
values within the neighborhood.
Criteria three stated the establishment of the specific proposed exception will not impede the
normal and orderly development and the improvement of surrounding properties. The
surrounding neighborhood is already fully developed with residential uses and the proposed
garage alteration will not enlarge the building footprint nor will it substantially impact the
development of surrounding properties.
Criteria four is that adequate utilities, access roads, drainage and/or necessary facilities have
been provided on the property. Again, the property is currently developed, as well as the
neighborhood, so there's no changes to the utilities, access roads, drainage, or any other
necessary facilities for the neighborhood. Additionally, the sidewalks along both sides of Rundell
will remain unaltered and the green space for the property will remain in place so any
stormwater runoff will be absorbed by the existing green space.
Board of Adjustment
April 10, 2024
Page 3 of 7
Criteria five is that adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on the public streets. Again, there are no changes
proposed to the existing driveway, sidewalk, or the street and one parking space would continue
to be provided on site within the existing unaltered driveway. Also, traffic on the street is mostly
limited to residents and non -street parking will continue to be available along both sides of
Rundell. Walsh also explained Rundell Street currently has an 80-foot right-of-way with 40-foot
paving which does exceed even arterial streets minimal requirements. For two-way traffic the
minimum required is 22 feet and Rundell is 40 feet. Also, in order to park on both sides of the
street they need a minimum of a 28-foot-wide street which in this case it is 40 feet.
Criteria six is that except for the specific regulations and standards applicable to the exception
does the property comply with all of the Code requirements. Walsh stated outside of the
specific waivers they're discussing tonight, the property does meet all other applicable Code
standards.
Seventh is if the special exception is consistent with the Comprehensive Plan and the Future
Land Use Map of the Comprehensive Plan designates this area as residential, as does the
Central Planning District, and the use is intended to remain the same this is just an alteration to
the parking standards. The Comprehensive Plan's vision also includes a goal to preserve
historic resources in established neighborhoods, which is carried out through the strategy and
supporting the goals of the Historic Preservation Commission and supporting reinvestment in
housing and existing neighborhoods. The Plan also notes that in order to protect the
community's historical assets they should continue to support the Iowa City Historic
Preservation Plan. Walsh stated the Central District Plan includes a goal to work to achieve a
healthy balance of rental and owner -occupied housing in the District's older neighborhoods to
promote long term investment, affordable housing opportunities and the preservation of historic
homes in neighborhoods. The goal goes on to list strategies such as examining the zoning rules
to ensure that they support housing goals and neighborhood stabilization efforts. This single-
family property is located within a historic district and although the Board is not revising the
zoning code tonight, the Board does have the opportunity to examine and modify the standards
related to the garage conversion in order to support long-term housing investment in the
neighborhood. Walsh noted that the the Historic Preservation Commission has reviewed the
project and approved it due to the property owner's ability to maintain the existing historic
character.
Staff received one piece of correspondence in support of this application.
Staff recommends approval of EXC24-0001, to 1) reduce the minimum onsite parking required
for a three -bedroom single family home from two to one space and 2) waive the standard that
parking spaces within the front setback must be located behind another parking space.
Carlson asked about the parking space in the front yard noting she thought that parking spaces
in the front yard cannot be within 15 feet of the sidewalk. Walsh stated the specific details of the
standard they're looking to waive here tonight is that parking is not permitted in the front
principal dwelling setback except in the following situation, for single family uses one of the
required parking spaces may be provided in the principal dwelling setback on a regularly
constructed aisle that leads directly to a space that is not located in the front principal dwelling
setback. He explained the setback for this zone is 15 feet and they currently have one space
Board of Adjustment
April 10, 2024
Page 4 of 7
that would be located within the garage that is outside of that setback but by converting the
garage space to living space the only available spot would be within the driveway, and that
would be within that 15-foot front setback. There is not any other specific standard that says the
space must be 15 feet away from a property line.
Baker noted everything they do is permanently attached to this property, so in the future,
however many years, this parking reduction requirement would apply to all future occupants of
the property. Walsh confirmed that would be correct. Baker asked what then about rental
properties in this zone, if for example 10 years from now the house was sold, rented out, would
still only one parking space required for four bedrooms. Walsh confirmed yes, for this site it
currently requires only two spaces, regardless of owner -occupied or rental, if they approve this
reduction and only require one space on this site that wouldn't change based on if it was no
longer owner occupied. This is a permanent reduction, regardless of owner -occupied or rented
in that zone.
Baker asked if all things being equal, same applicant, same application, same property, same
issue, except not in a historic district is it the same decision and recommendation by staff.
Walsh stated yes, the historic district itself is not the deciding factor on the recommendation.
Baker asked if the applicant were to choose to build an addition on the back, not using the
garage, per se, but the porch behind the garage expanding that, parking would not be affected
so would that require them to come before this Board at all. Walsh stated they would have to go
back to the Historic Preservation Commission for approval on anything that alters the exterior
appearance of the home, but the parking would not be an issue in that case.
Carlson noted when she drove up and down the street today she noticed most of the houses on
that side of the street are very similar, if not exactly the same, and in most cases the garages
have been changed into living space and the cars are parked on the driveway in front. Did all of
those houses have to apply for exceptions to allow that. Walsh replied that he was aware of at
least one other property that did go through the exception process on the street and future
properties would have to do the same.
Casey Kohrt (435 Rundell Street) has lived in the home with his husband, Christopher Munoz,
for 21 years now. They have recently paid off the house and are thinking long term about
staying in the house and this is something that will help them stay in the house because the
bathroom now is upstairs and the laundry and pantry are down in the basement, which is a lot of
very steep stairs. He noted this is a Moffitt house and for 21 years they have not pulled a car
into the garage because it's too small, it was built for model A's and stuff like that. They have
always parked in the driveway or on the street. Rundell Street is one of the widest streets in
Iowa City because it used to have a trolley that ran down the middle of it so there's ample
parking on Rundell for many, many cars. He does not see any public good in not approving this
exception.
Baker asked for 21 years they've had two cars using the property and have parked one on the
street. Kohrt confirmed that was correct.
Carlson asked how many square feet this adds to their living situation. Kohrt stated it would be
probably 160 or 180 additionally square feet and gives them a main floor bathroom and laundry
on the first floor and a pantry for the kitchen, which is what they are looking for. Carlson asked
Board of Adjustment
April 10, 2024
Page 5 of 7
how many square feet they have right now, noting those Moffitt houses are small. Kohrt stated
theirs is 1100 square feet not including the basement.
Baker closed the public hearing.
Swygard moved to approve EXC24-0002, to 1) reduce the minimum onsite parking
required for a three -bedroom single family home from two to one space and 2) waive the
standard that parking spaces within the front setback must be located behind another
parking space.
Russo seconded the motion.
Swygard stated she appreciates the reinvestment in the existing home and making it more
adaptable for their needs and can certainly recognize the need for a restroom being more
conveniently located.
Carlson noted when she looked at all the houses today and at the garages, she thought there's
no way anybody today could get their car into that garage area, they are small, so by converting
it into living space seems like the only reasonable thing to be done to use that space.
Carlson stated regarding agenda item EXC24-0002 she does concur with the findings set forth
in the staff report of meeting date, April 10, 2024, and concludes that the general and specific
criteria are satisfied, so unless amended or opposed by another Board member she
recommends that the Board adopt the findings in the staff report for the approval of this
exception. Swygard seconded the findings.
A vote was taken and the motion passed 5-0.
Baker stated the motion declared approved, any person who wishes to appeal this decision to a
court of record may do so within 30 days after this decision is filed with the City Clerk's Office.
CONSIDER MARCH 13, 2024 MINUTES:
Carlson moved to approve the minutes of March 13, 2024 with minor corrections. Russo
seconded. A vote was taken and the motion carried 5-0.
BOARD OF ADJUSTMENT INFORMATION:
Swygard noted she was absent for the last meeting and at that meeting she was elected Vice
Chair. She wanted to state she wasn't officially notified of the results of the vote and only
learned about the election by watching the recording on City Channel 4. It caught her off guard,
but she doesn't know what the options are at this point. She reviewed the Board bylaws, and
they don't specifically address the election of a member who's absent, the bylaws refer to the
most current edition of Robert's Rules and per Robert's Rules she would have the option to
decline the office after she was appropriately notified, as long as she does that within a certain
timeframe. Since she hadn't been notified, when she found out by watching the recording of the
meeting, she reached out to City planning staff, and Dulek as the attorney present at that
meeting. Swygard stated she will not decline the office and will serve as Vice Chair but does
think they could do better. Granted, it's a very small Board but as a practical matter she thinks
Board of Adjustment
April 10, 2024
Page 6 of 7
it's best to elect a member who would agree to serve and avoid the problem of electing
someone who's absent without any input from them first. Someone could decline the office
which would trigger another election, she almost did that but wanted to avoid putting anyone
else in the position of not knowing what their options were. Swygard stated she would like to
see this process outlined in more detail in the bylaws and perhaps Dulek could offer some
advice and draft something if other Board members support exploring this and possibly
amending the bylaws to more clearly define the process of being elected in absentia.
Dulek asked if they want this discussion on the agenda for the next meeting. Baker feels it
would be appropriate to give the staff and City attorney time to think of possible verbiage.
Baker apologized because he was the one that nominated Swygard, they were looking for vice
chair and he thought she'd be good. If there's any sort of discomfort at all, that's his fault and he
apologizes.
Baker agreed put on the agenda for next month. Walsh noted they don't have a meeting lined
up for May but this will go on the next meeting agenda.
ADJOURNMENT:
Russo moved to adjourn this meeting, Swygard seconded, a vote was taken and all approved.
Board of Adjustment
April 10, 2024
Page 7 of 7
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2023-2024
NAME
TERM
EXP.
3/8
4112
4/19
5/10
6/14
7112
1118
12/13
3/13
4/10
BAKER, LARRY
12/31/2027
X
X
O/E
X
X
X
X
X
X
X
PARKER, BRYCE
12/31/2024
X
X
O/E
X
X
X
X
X
X
X
SWYGARD, PAULA
12/31/2028
X
X
X
X
X
X
X
X
O/E
X
CARLSON, NANCY
12/31/2025
X
X
X
X
X
X
O/E
X
X
X
RUSSO, MARK
12/31/2026
X
X
X
O/E
O/E
X
O/E
X
X
X
Key: X = Present
O = Absent
O/E = Absent/Excused
-- -- = Not a Member