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HomeMy WebLinkAbout10-17-2002 Planning and Zoning Commission Informal Meeting Cancelled Agenda Formal Meeting Planning and Zoning Commission Thursday, October 17, 2002 - 7:30 p.m. Emma J. Harvat Hall (Civic Center) ~ A. Call to Order B. Public Discussion of Any Item Not on the Agenda C. Announcement of Vacancies on City Boards and Commissions D. Code Item: 1. Discussion of amendments to the Zoning Code, Sensitive Areas Ordinance, regarding requirements for Sensitive Areas Overlay Rezoning and Sensitive Areas Site Plans. The amendment will generally require approval of a Sensitive Areas Site Plan by staff unless an applicant seeks modification of a Sensitive Areas Buffer or seeks a modification of other zoning requirements. E. Other: F. Consideration of the October 3, 2002 Meeting Minutes. G. ADJOURNMENT Upcomi ~g Planning & Zoning Commission Meetings: Informal -Novembe;'4 Nov~nber 18 December 2 December 16 December 30 January 13 Formal November 7 November 21 December 5 December 19 January 2 January 16 City of Iowa City MEMORANDUM Date: October 11, 2002 ' To: Planning and Zoning Commission From: Robert Miklo Re: Sensitive Areas Ordinance The Commission deferred discussion of proposed amendments to the Sensitive Areas Ordinance at the September 19 meeting. Please refer to the September 19 meeting packet. City of Iowa City MEMORANDUM Date: September 5, 2002 To: Planning and Zoning Commission From: Robert Miklo Re: Sensitive Areas Ordinance Introduction: The City Council has asked the Planning and Zoning Commission to consider amendments to the Sensitive Areas Ordinance that would result in applications being reviewed administratively by staff rather than requiring a rezoning process that includes' review by the Planning and Zoning Commission and City Council. This type of staff review process for Sensitive Areas Plans was first recommended by the Development Regulations Analysis prepared by Duncan and Associates (see page38 and 39 attached). Currently the Sensitive Areas Ordinance includes a two-tier process for approval of Sensitive Areas Plans as outlined below: 1. Sensitive Areas Site Plans are required for properties that contain hydric soils, prairie remnants (one acre or larger), stream corridors, archeological sites, steep slopes (18-24%) or woodlands (two acres or larger). Staff reviews these plans to assure that they comply with the requirements and guidelines of the ordinance. The review process is similar to a site plan review for commercial, industrial or multi-family buildings. These site plans often occur with subdivision plats and building permits. Staff from Housing and Inspections, Planning, Public Works and the Fire Department reviews the plans and informs the applicant of any corrections needed. Once the applicant demonstrates to the staff's satisfactions that the plan conforms to the requirements of the Sensitive Areas Ordinance and other applicable City Codesl the plan is approved. The Commission and City Council do not review these plans. Generally the process takes three weeks depending on the complexity of the project being reviewed. There have been approximately 70 Sensitive Areas Site Plans approved since the implementation of the Sensitive Areas Ordinance in 1996. 2. Sensitive Areas Development Plans/Overlay Rezonings are required when development activity is proposed on properties containing wetlands, critical slopes (25-39%), protected slopes (40%+) and woodlands located on sites which also contain stream corridors. The rezoning process may be waived for properties containing these environmental features if the developer certifies that there will be no development activity within 150 feet of a wetland or 50 feet of a protected slope and development will not encroach into a critical slope. The procedures for review of a Sensitive Areas Development Plan/Overlay by the Commission and Council are the same as for a rezoning. The process takes approximately 4 months to complete. There have been approximately 20 properties that have had Sensitive Areas Rezonings since 1996. Developers have been concerned about the length of time necessary to process a Sensitive Areas Development Plan/Overlay (4 months) when compared to a Sensitive Areas Site Plan (3 weeks). This additional review time has been required even in those cases when the development plan did not disturb a protected feature and buffers, or include any waivers of other zoning requirements. As suggested by the Development Regulations Analysis, a method of simplifying and shortening the review process would be to eliminate the automatic requirement for a Sensitive Areas Overlay rezoning. Staff has prepared amendments that would require a Sensitive Areas Site Plan to be reviewed by staff rather than automatically requiring Sensitive Areas Overlay Rezonings in many, but not all cases. The proposed amendments are attached. Additions to the ordinance are shown in bold print. Proposed deletions are shown as being crossed out. Rational for Amendments: The proposed amendments make the level of review consistent with the amount of discretion granted to the Commission/City Council under zoning law when applying the Sensitive Areas Ordinance to certain development applications. For example, if a property currently requiring a Sensitive Areas rezoning does not request a modification of a buffer, disturbance of slopes, or removal of wetlands, review of the plan involves the application of technical, objective standards to the pending application. This level of review is customarily exercised by the building official, and does not represent a 'true' rezoning in that the reviewing authority does not have unlimited discretion, but rather, applies the existing standards to the pending application. In other words, the scope of review exercised by the Commission/City Council in these types of situations is limited to applying the existing standard or guideline, and therefore is not fully discretionary (as is a 'true' rezoning). In contrast, when a development application requests the modification of a buffer, the disturbance of slopes or removal of wetlands, the 'scope of review granted to the Commission/City Council is fully discretionary as to those matters, rather than involving the application of an existing standard. This is consistent with the broader scope of authority/discretion granted to the governing bodies in a typical rezoning application. In short, the proposed amendments make the 'trigger point' for Commission/City Council review consistent with the exercise of discretion such that these bodies will review applications only when an exercise of discretion is authorized by zoning law. Proposed Amendments: The amendments require a Sensitive Areas Overlay Rezoning only if a development plan requests: 1) the modification of a buffer, 2) the disturbance of more than 35% of critical slopes on a property, or 3) the removal of more than the percent of woodlands contained in Table I shown below (the retention requirement table contained in the current Sensitive Areas Ordinance), 4) the disturbance of more than 10% of a protected feature for the installation of essential utility. Table I- Woodland Retention Requirements: Zone Retention Requirement ID, RR-1 70% RS-5, RS-8, RS-12, 50% RM-12, RM-20, RM-44, RNC-12, RNC-20 20% RDP, ORP 20% C and I 10% The current ordinance allows disturbance of environmental features for essential public utilities, such as storm and sanitary sewers, water mains, gas, telephone and power lines, and storm water detention (Section 14-6K-1E-3. Uses Permitted within Protected Sensitive Areas and Buffers). The current language is subjective in that it provides no clear direction regarding the extent of disturbance allowed for the installation of utilities, but merely states the impact of construction should be minimized. To provide a clear standard for staff, the amendments would allow a maximum of 10% of a protected sensitive area (wetland or protected slope) and associated buffers to be disturbed to allow the installation of these utilities without the requirement for a Sensitive Areas Overlay Rezoning. Any disturbance greater than 10% of would require review of a Sensitive Areas Development Plan by the Commission and approval by Council. Development plans that include reductions in buffers or that make use of the flexibility of the Sensitive Areas Overlay zone to modify dimensional requirements (set backs, height limits, etc) would still be required to make application for a rezoning to be reviewed by the Commission and City Council. Using two recent Sensitive Areas Overlay rezoning cases, the following examples illustrate how the proposed amendments would affect the review process. The development plan for the APE House at 341 Riverside Drive would be reviewed by the Commission and Council as a Sensitive Areas Overlay rezoning, because a reduction of a protected slope buffer and a height limit adjustment were requested by the applicant. The Lindemann Subdivision would not have required a Sensitive Areas Overlay rezoning, because there was no disturbance to the wetland area and its required buffer. It should be noted that the Commission and Council would still have reviewed the annexation, zoning and subdivision of the Lindemann development, but the Commission and Council's review of the Sensitive Areas Overlay would have been replaced by staff review of a Sensitive Areas Site Plan. The review process would have been shortened by approximately 11 weeks. Conclusion: One intent of the Sensitive Areas Ordinance was to require an OPDH plan for properties that contained environmentally sensitive features. It was thought that this would allow developers to use the flexibility of the OPDH process (reduction of setbacks, increased height, clustering of dwelling units, etc) to avoid development in environmentally sensitive areas. Having worked with the Sensitive Areas Ordinance for over 6 years staff has observed that this has indeed been the outcome in many cases. However, there have also been many cases where Sensitive Areas Development plans have not sought any waivers of zoning requirements and did not disturb a protected feature and buffers. Yet these projects have had to go through a lengthy rezoning process. The proposed amendments would eliminate the rezoning process in those cases but would still require that the sensitive features be protected as specified by the ordinance through staff approval of a Sensitive Areas Site Plan. Staff would not recommend the elimination of the Sensitive Areas Development Plans/Overlay Rezonings in those cases where considerable discretion is required, such as the reduction of buffers. To eliminate the Sensitive Areas rezoning process entirely would require the elimination of some of the flexibility built into the ordinance. STAFF RECOMMENDATION: Staff believes that the proposed amendments simplify the review process yet still provide protection of environmentally sensitive features of the city. Staff recommends approval of the attached amendments to the Sensitive Areas Ordinance. K'a~n Franklin, Director, Department of Planning and Community Development CHAPTER 6 [ REVIEW OF SELECTED PROVISIONS EXCEPT FROI~ DEVELOPt4ENT REGULATIONS ANALYSIS 6.6 1 INDUSTRIAL ZONES (ART. H) [3] Depending on presence of basement and use of bonuses. [4] Bonus for pedestrian plazas. Existing references in the industrial districts to the Standard Industrial Classification (SIC) manual should be revised to reflect the new North American Industrial Classification System (NAICS). The list of uses allowed in General Industrial zone seems rather narrow. We believe the real issue is the ordinance's use classification system in general. It is better than many we've seen, but it can definitely be improved. The allowance of any "industrial, commercial, or related use" poses a -~ potential threat to the purpose of the I-2 zone, which is to provide a sanctuary for intensive industrial uses and to protect those uses from encroachment by less intensive uses. The city should consider prohibiting most Iow-intensity "commercial" uses in the I-2 zone. Consideration should also be given to revising the permitted use section of the !-2 zone to be consistent with the other zones. Currently, the I-2 zone relies on a list of "prohibited" uses rather than a list of expressly permitted uses. We believe the "P" district has an important purpose (to serve notice to those owning or buying land in proximity to publicly owned land), but is of little benefit to the community in its current form. it lacks any development standards and is too open-ended in terms of the range of uses allowed. The city should consider amending the "P" zone to be a neighborhood- oriented zone that allows a fairly narrow range of *public" uses that are typically located within or near reside~ial neighborhoods. Examples would include schools, parks, playgrounds, fire stations and the like. More intensive public uses, such as post offices and equipment storage yards should be relegated to higher intensity commercial or industrial districts. Similarly, state and federal offices should be treated just as other offices for zoning purposes.' In terms of development standards, the "P" zone should either limit development intensity along the lines of a moderate density residential zone, or require that development in the "P" zone adhere to the standards of the most restrictive adjacent district. In any case, the city should adopt standards for the zone and expressly state in the ordinance that all development (whether public or private) is subject to the standards of the ordinance. The environmental regulations of Chapter 6 are locally referred to as the  "Sensitive Areas Ordinance.~ These regulations show evidence of Iowa 38 January 17, 2001 Development Regulations Analysis Iowa City, Iowa CHAPTER 6 1 REVIEW OF SELECTED PROVISIONS 6.9 I OFF-STREET PARKING City's strong commitment to preservation of sensitive natural resource areas. We believe, however, that they could be improved. Currently the environmental regulations are implemented through the Sensitive Areas Overlay (SAO) zone and the Planned Development Housing Overlay zone (OPDH). We recommend that consideration be given to implementing the regulations through a "development standards~ approach, while retaining the OPDH zone as a voluntary route for developers with unique or innovative proposals. Under the development standards approach, developers of sites containing protected resources areas would be subject to site plan review, during which their plans would be checked administratively for compliance with the Sensitive Areas Ordinance. Those aggrieved by a staff decision on a sensitive areas site plan would have the right of appeal. Rezoning would only be required if the underlying zoning did not accommodate the proposed development or if the developer opted to follow the OPDH route for its increased "flexibility.~ This recommendation stems largely from our belief that the use of objective development standards will result in a more predictable outcome for all concerned (developers, neighborhoods, and the city). It is also our observation that the existing process tends to result in issues being raised during the overlay rezoning process that are sometimes completely unrelated to the site's environmental characteristics. ' We recommend that the city consider moving many of the residential design guidelines from the Environmental Regulations article, and relocating them to another section of the ordinance where they would have broader applicability. The required size of a standard parking space (90 degree) in Iowa City is 9 feet by 18 feet, although up to 50 percent of required parking spaces can be *compact car~ spaces, which can be a small as 8 feet by 15 feet. Although we caution against over-requiring parking or oversizing of parking lots, we note that few modern ordinances allow such widespread use of compact spaces, except in instances where the compact spaces are reserved for Iow- turnover uses, such as employee parking. In general, we believe that additional flexibility may be desirable within the off-street parking section. Requiring special exception approval for off-site and shared parking arrangements, for example, may work against the city's goals regarding pedestrian-orientation and preservation of neighborhood character and appearance. Allowing off-site parking requests to be handled administratively, subject to specific standards may be preferable. The city may also want to allow some additional flexibility with regard to the location of off-site lots (currently required to be within 300 feet of the subject use). Finally, some communities have elected to allow large Development Regulations Analysis January 17, 2001 39 Iowa City, Iowa 14-6K-1: SENSITIVE AREAS ORDINANCE A. Purpose: The purpose of the Sensitive Areas Ordinance is to: 1. Implement the environmental policies of the Comprehensive Plan. 2. Permit and define the reasonable use of properties which contain environmentally sensitive features and natural resources while recognizing the importance of environmental resources and protecting such resources from destruction. 3. Provide for ecologically sound transitions between protected environmentally sensitive areas and urban development. 4. Protect the public from injury and property damage due to flooding, erosion, and other natural hazards which can be exacerbated by development of environmental- ly sensitive land. 5. Foster urban design that preserves open space and minimizes disturbance of environmentally sensitive features and natural resources. 6. Provide for the mitigation of disturbances of environmentally sensitive features and natural resources through requiring and implementing mitigation plans, as needed. 7. The Sensitive Areas Ordinance is intended to cover industrial and commercial properties, as well as residential properties, unless otherwise exempted herein. B. Definitions: The following definitions apply to the interpretation and enforcement of the Sensitive Areas Ordinance regulations: ARCHAEOLOGICAL SITE, SIGNIFICANT: An archaeological site of prehistoric or historic significance that is considered by the State Historic Preservation Officer to be eligible for the National Register of Historic Places. BUFFER: An area of land that is located adjacent to a designated sensitive area and provides a transition area that protects slope stability, attenuates surface water flows and preserves wildlife habitat and protected wetlands, stream corridors and woodlands. BUFFER, NATURAL: A land area located adjacent to a protected sensitive area where development activity such as building, grading, or clearing are prohibited unless otherwise exempt herein. COMPENSATORY MITIGATION: Creating a new wetland, or enhancing or expanding an existing wetland in exchange for allowing development activities to occur within an existing wetland. CONSTRUCTION AREA: The portion of a parcel of land where development activity, including the temporary storage of heavy equipment, and other improvements may take place and be located. DEVELOPMENT ACTIVITY: Any human-made change to improved or unimproved real estate, including, but not limited to the placement of manufactured housing, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations and construction activities. "Development activity" does not include transfer of ownership. DIAMETER, TREE TRUNK: The diameter of a tree trUnk measured at 4 1/2 feet above ground; if on a slope, measured from the high side of the slope. In the case of a tree with multiple trunks, the diameter shall be the average of the diameters of all the trunks. DIRECT DISCHARGE: The discharge of untreated surface water into a wetland from a developed or developing property through the use of an underground pipe, culvert, drainage tile, ditch, swale, channel or other means. Ordinance No. 95-3699 Page 2 , FLOOD EVENT; 100 YEAR: A flood, the magnitude of which has a one percent (1%) chance of being equaled or exceeded in any given year, or which on the average will be equaled or exceeded at least once every one hundred (100) years. FLOOD PLAIN: Any land area susceptible to being inundated by water as a result of a specific frequency flood. For instance, the 100-year flood plain is the area of land susceptible to being inundated by a 100-year flood event. FLOODWAY: The channel of a river or stream and those portions of the flood plains adjoining the channel which are reasonably required to carry and discharge flood waters so that confinement of flood waters to the floodway area will not result in substantially higher flood elevation. Where floodway data has been provided in the Flood Insurance Study, such data shall be used to define the floodway limits. FULLY HYDRIC SOILS: Soils susceptible to water saturation, and designated as fully hydric soils by the USDA Soil Conservation Service as of December 1993. GRADING: Any excavating or filling or a combination thereof, including compaction. GROVE OF TREES: Ten or more individual trees having a diameter of at least twelve (12) inches, and whose combined canopies cover at least fifty (50) percent of the area encompassed by the trees. HISTORIC OBJECT: An artifact greater than 100 years of age. PRAIRIE REMNANT: Prairie areas that have remained relatively untouched on undevel- oped, untilled portions of properties and contain primarily a mixture of native warm season grasses interspersed with native flowering plants. Known extant prairie remnants are identified on the Iowa City Sensitive Areas Inventory Map - Phase I. PREHISTORY: Relating to or existing in times antedating written history (prior to approxi- mately 1700 AD in Iowa City). SENSITIVE AREAS CONSERVATION TRACT: A separate tract which protects sensitive areas and associated buffers within planned developments, subdivisions and building site plans; held separately from buildable lots by an incorporated homeowners' association or a nonprofit conservation organization, or dedicated to the City. SENSITIVE AREAS DEVELOPMENT PLAN: A plan required to be submitted and approved in conjunction with a Sensitive Areas Overlay (OSA) rezoning that designates protected sensitive areas and associated buffers within a planned development. SENSITIVE AREAS INVENTORY MAP - PHASE I: The map of the Iowa City service area with designations of potential environmentally sensitive areas, such as woodlands, wetlands, floodplains, steep slopes, hydric soils, prairie remnants and geological, historical and archaeological features. SENSITIVE AREAS OVERLAY (OSA) ZONE: A planned development rezoning of a tract of land that requires the approval of a Sensitive Areas Development Plan, which designates protected sensitive areas and their associated buffers on said tract. SENSITIVE AREAS, PROTECTED: Portions of a parcel of land containing environmen- Ordinance No. 95-3699 Page 3 tally sensitive features that are designated on an approved Sensitive Areas Site Plan or a Sensitive Areas Development Plan and where no development activity is allowed. SENSITIVE AREAS SETBACK LINE: A line delineated on a proposed development plan or site plan that establishes the no-build line around protected sensitive areas, such as wetlands, streams, steep slopes, and woodlands, and their required buffers. SENSITIVE AREAS SITE PLAN: A site plan for development on a tract of land that does not require a Sensitive Areas Overlay (OSA) rezoning and is not otherwise exempt, but which contains sensitive areas that warrant protection under an approved plan for protecting sensitive areas on said tract. SLOPE: An inclined ground surface, either naturally occurring or altered, with a vertical rise of at least 10 feet, and which is not otherwise approved by the City, such as City approval of a Grading Plan, prior to December 13, 1995. SLOPE, ALTERED PROTECTED: Any slope of forty (40) percent or steeper created by cutting or filling activities prior to December 13, 1995, and which is not otherwise approved by the City. SLOPE, CRITICAL: A slope of twenty-five (25) percent, but less than forty (40) percent. SLOPE, PERCENT OF: The slope of a designated area determined by dividing the horizontal run of the slope into the vertical rise of the same slope and converting the resulting figure into a percentage value. SLOPE, PROTECTED: Any slope Of forty (40) percent or steeper. SLOPE, STEEP: A slope of eighteen (18) percent, but less than twenty-five (25) percent. SLOPES, REGULATED: Slopes defined herein as steep (18-24%), critical (25-39%), and protected (40%+). STREAM CORRIDOR: A river, stream or drainageway shown in blue (the blue line) on the most current U.S. Geological Survey Quadrangle Maps, and the area of its delineated floodway. In cases where no floodway is delineated, the blue line will serve as the centerline within a 30-foot wide stream corridor. TREE, FOREST: Any tree two (2) inches in diameter or greater, and included on the list of forest trees approved by the City. WETLAND, WETLAND AREAS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. For the purposes of this Section, wetland shall mean a jurisdictional wetland that is regulated by the U.S. Army Corps of Engineers. Determination of jurisdictional wetlands shall be made either by the Corps or by a wetland specialist and accepted by the Corps. WETLAND SPECIALIST: An individual certified as a wetland specialist by the Society of Wetland Scientists, and/or a person who can demonstrate to the City that they have expertise in wetland areas which may include delineation, mitigation and evaluation. Ordinance No. 95-3699 Page 4 WOODED AREAS: Includes woodlands and/or groves of trees, as defined in this section. WOODLAND, WOODLAND AREA: - Any tract of land with a contiguous wooded area not less than two acres and containing not less than 200 forest trees per acre. WOODLAND CLEARING: The destruction or removal of trees within woodlands subject to this Section by physical, mechanical, chemical or other means, such that the clearing results in a total opening in the woodland canopy of 20,000 square feet or more. C. Applicability: 1. Sensitive Features a. Sensitive features governed by the Sensitive Areas Ordinance include: 1) Jurisdictional wetlands as regulated by the U.S. Army Corps of Engineers. 2) Floodways designated on either the current Federal Emergency Management Agency flood boundary and floodw.ay maps for Iowa City and Johnson County or the Iowa City (1 inch = 100 foot scale) flood boundary and floodway maps. 3) Drainageways shown in blue on the current U.S. Geological Survey Quadrangle Maps. 4) Slopes 18 percent or greater. 5) Woodland areas two acres in size or greater. 6) Fully hydric soils as designated in the USDA Soil Conservation Service Soil Survey of Johnson County, Iowa. 7) Prairie remnants as shown on the Iowa City Sensitive Areas Inventory Map - Phase I, as amended. 8) Archaeological sites as determined by the State Historic Preser- vation Officer or the State Archeologist. b. Prior to woodland clearing, grading or development activity on tracts of land or portions of tracts of land where sensitive features specified above exist, either a Sensitive Areas Site Plan or a Sensitive Areas Overlay rezoning application, whichever is appropriate, shall first be submitted to and approved by the City. This application process may occur as part of site plan review, planned development overlay zoning and/or subdivision review. If the property is exempt, the applicant shall first apply for and obtain approval of the exemption from the City before development activity occurs, 2. Sensitive Areas Site Plan a. A property containing one or more of the following sensitive features but which does not require a Sensitive Areas Development Plan, shall require a Sensitive Areas Site Plan prior to development activity: 1 ) Wetlands 2) Fully hydric soils 3) Prairie remnants one acre in area or larger 4) Stream corridors 5) Archaeological sites 6) Steep slopes (18-24%) 7) Critical Slopes (25-39%) 8) Protected Slopes (40%+) 9) Woodlands two (2) acres in size or greater, ';:hero no cthor VVI I~l;l~.lV V I ~,~.,4 ~,1,141 VV I VqklUll III~ U VVI I~./1~,1 W V · %IVUV V v vi I~wAdlf I V~i,.VI III I~ r~r~--~r~f ,~n,4 ~,l~r~ ,~r;~;,~-~l ~-I,~r~ ~r ~-~ ~rr;~r~ ~v;~ ~ ....... , ......... -o ........ rca~ -, on ~s ~fi~ i~ th~ O~fi~itb~s ~tio~ h~mi~ ~ ~s ~li~t~ ~ th~ m~ Ordinance No. 95-3699 Page 5 referenced in subsection 14-6K-1C3 of this Ordinance and/or verified as existing on the site. b. Recording requirement. An approved Sensitive Areas Site Plan that contains a protected sensitive area and/or buffer, or has a designated conservation easement, shall be recorded in the Johnson County Recorder's Office prior to issuance of any certificate of occupancy for the property. The recording is intended to provide notice to subsequent property owners that environmental limitations apply to the subject property. c. The procedures for review and approval of a Sensitive Areas Site Plan shall be in accordance with the Site Plan Review regulations, as specified in Sections 14-5H-3, and 14-5H-6 through 14-5H-8 of Chapter 5, "Building and Housing". 3. Sensitive Areas Overlay (OSA) Zone a. A Sensitive Areas Overlay (OSA) rezoning is required prior to development activity which includes any of the following: 1) The disturbance of a wetlands or an associated buffer, 2) The removal of portions of a woodland in excess of the woodland retention requirements contained in Section 14-6K- 1 -J-3. 3) The disturbance of more then 35% of Critical slopes (25-39%) contained on a property, or 4) Disturbance of a protected slope (40%+) buffer as defined in the Definitions Section herein and as delineated on the maps referenced in subsection 14-6K-C3 of this ordinance and/or verified as existing on the site. b. A Sensitive Areas Overlay rezoning requires a Sensitive Areas Develop- ment Plan that delineates protected sensitive areas and associated buffers in the manner of a planned development, which Plan shall be submitted and approved as part of the rezoning. c. Review and approval of a Sensitive Areas Planned Development shall be by ordinance in accordance with the Planned Development Housing Overlay Zone (OPDH) procedures, as specified in subsection 14-6J-2D of this Chapter. 3. D. Exemptions: The following activities are exempt from the requirements of this Section: 1. Emergency/public safety. Grading, clearing, removal or other activities required for emergency situations involving immediate danger to life, health and safety, or which create an immediate threat to person or property or create substantial fire hazards. 2. Normal maintenance/expansion of existing single-family or duplex residences. Exterior remodeling, reconstruction or replacement of single-family or duplex residences in existence as of December 13, 1995, provided the new construction or related activity connected with an existing single-family or duplex residence shall not increase the footprint of the structure lying within the sensitive area by more than a maximum total of 1000 square feet, and also provided there is no encroach- ment by said activities, including grading, into a jurisdictional wetland, a designated sensitive areas conservation tract and/or protected sensitive area. 3. Construction of new single-family or duplex residences. Grading, clearing or development activities not to exceed a maximum total of 20,000 square feet in area on a tract of land for the purpose of construction, landscaping and/or Ordinance No. 95-3699 Page 6 associated improvements for one (1) single-family or duplex residence, provided there is no encroachment by said activities into a jurisdictional wetland, a designated sensitive areas conservation tract and/or protected sensitive area. 4. Drainage ditches/groundwater monitoring wells. Normal and routine maintenance of existing drainage and storm water management facilities are exempt. This exemption includes vegetative maintenance for access and storm water/flood control purposes within and adjacent to drainageways. Except for temporary storage outside a wetland or water body, placement of fill or dredge spoils is not exempt under this subsection. Groundwater monitoring wells, when constructed to standards approved by the City, are exempt. 5. Woodland management activities. Practices associated with timber management standards as defined by the International Society of Arboriculture, or existing tree farming operations, such as Christmas tree farming, fruit or nut tree production and tree nurseries, during such time as the land is used for tree farming operations are exempt. 6. Activities that disturb less than one acre of wetland provided that such activities are approved by the U.S. Army Corps of Engineers through a nationwide permit. E. Uses Permitted Within Protected Sensitive Areas and Buffers. Where it can be shown that a use will not be detrimental to the functioning of sensitive areas or associated buffers, or pose a public safety hazard, the following uses are permissible, subject to City approval during the application process set out herein: 1. Parkland, private open space, and trails that provide opportunities for environ- mental interpretation and are designed to incorporate features that protect areas of wildlife habitat, water quality and the natural amenities in protected sensitive areas and buffers. 2. Stream crossings, .such as bridges, roads and culverts, and/or streambank stabilization, which are designed to minimize the reduction of the flood carrying capacity of the stream and are in compliance with all federal and state regulations. 3. Essential public utilities such as storm and sanitary sewers, water mains, gas, tele- phone and power lines, and storm water detention facilities are permitted if they are designed and constructed to minimize their impact upon the protected sensitive areas and associated buffers. A maximum of 10% of a wetland or a protected slope and associated buffers may be disturbed to allow the installation of essential utilities if approved as part of a Sensitive Areas Site Plan. The disturbance of more than 10% of a wetland or a protected slope and associated buffers shall require the approval of a Sensitive Areas Overlay Rezoning by the City Council. The design and construction of utilities should also include measures to protect against erosion, pollution and habitat disturbance, and result in minimal amounts of excavation and filling. Upon completion of the installation of the public facility or line, the sensitive protected areas and associated buffers shall be restored by those persons responsible for the disturbance. F. Submittal Requirements: Prior to development activity defined herein where a tract of land contains the sensitive features listed in subsection 14-6K-1C, entitled "Applicability," and where the land must be developed in accordance with the provisions of the Sensitive Areas Ordinance and is not otherwise exempt, the Owner shall submit six copies (6) of a Sensitive Areas Site Plan and an application for its approval to the Department of Housing and Inspection Services, or if required, shall submit ten (10) copies of a Sensitive Areas Development Plan and an application for a Sensitive Areas Overlay rezoning to the City Clerk. 1. Sensitive Areas Site Plan: Submittal information for a Sensitive Areas Site Plan shall include: a. Submittal information required for a site plan review as specified in subsections 14-5H-4A and 14-5H-4B, the submittal requirements listed for Ordinance No. 95-3699 Page 7 Article 14-5H, entitled "Site Plan Review." b. Delineation of sensitive areas located on the property, including: 1 ) Wetlands 2) Fully hydric soils 3) Prairie remnants one acre in area or larger 4) Stream corridors 5) Archaeological sites 9) Steep slopes (18-24%) 10) Critical Slopes (2,5-39%) 11) Protected Slopes (40%+) 12) Woodlands c. Delineation of buffer areas and/or sensitive area conservation easements. d. Note in an accompanying letter whether archaeological site(s) exist on the property, but do not designate the exact location on the plan. e. Other data and information as may reasonably be required by the City, including requiring the delineation of a construction area on the plan as well as the location of fencing to protect sensitive features during construction. 2. Sensitive Areas Development Plan: Submittal information for a Sensitive Areas Development Plan, which accompanies a Sensitive Areas Overlay rezoning, shall include: a. All the information required for a Sensitive Areas Site Plan, and b. Submittal information required by subsection 14-6J-2D of Section 14-6J-2, entitled "Planned Development Housing Overlay Zone (OPDH)," except in the case of commercial and industrial development, those submittal requirements applicable only to residential development shall not apply; and c. Delineation of the following sensitive areas located on the property: 1) Wetland areas. 2) Critical slopes. 3) Protected slopes. d. Delineation of buffers and/or sensitive area conservation tracts for sensitive areas located on the property. e. Other data and information as may reasonably be required by the City. '3. The City may waive any submittal requirements considered unnecessary for the review of a specific development activity. G. Wetlands: 1. Purpose: The purpose of regulating development in and around wetlands is to: a. Preserve the unique and valuable attributes of wetlands as areas where stormwater is naturally retained, thereby controlling the rate of runoff, improving water quality, recharging groundwater resources, providing erosion control and lessening the effects of flooding. b. Promote the preservation of habitat for plants, fish, reptiles, amphibians and/or other wildlife. c. Minimize the impact of development activity on wetland areas. d. Provide a greater degree of protection for many wetland areas above and beyond that provided by the federal and state government. e. Minimize the long term environmental impact associated with the loss of wetlands. 2. Wetland Regulation by Other Agencies: The approval of a Sensitive Areas Development Plan or a Sensitive Areas Site Plan under the provisions of this Section is in addition to the applicant's need to obtain permits required by other local, state, or federal agencies, and does not alter the applicant's obligation to Ordinance No. 95-3699 Page 8 satisfy and obtain all other applicable local, state or federal regulations and permits. 3. Wetland Regulations: a. Wetland Delineation: 1) Prior to any development activity occurring on a site containing a potential wetland as defined above or as shown on the Sensitive Areas Inventory Map - Phase I, the property owner shall provide a delineation of the wetland area(s) accepted by the U.S. Army Corps of Engineers prior to the submittal to the City of a Sensitive Areas Overlay rezoning application and a Sensitive Areas Development Plan, or a Sensitive Areas Site Plan, for City review. 2) If the property owner certifies that no development activity will occur within one hundred fifty feet (150') of the apparent edge of a suspected or potential wetland area(s) on the site, the requirement for delineation by a wetland specialist or the Corps may be waived by the City. In the case of a waiver, the property owner shall grant an easement running in favor of the City, an approved conservation group or other organization for the purpose of retaining the wetland and the surrounding one hundred fifty foot (150') protection area as undeveloped natural open space '-,',~ i, ~,~1 I~,,~ ~,1 IV following criteria provided that a Sensitive Areas Overlay Rezo~i~g is approved by the City ¢o~¢iI: be demonstrated by a wetland specialist that the wetland: a) Is less than five acres in area; and b) Does not contain species listed by the federal and/or state government as endangered or threatened, or critical or out- standing natural habitat for those species; and c) Does not contain diverse plant associations of infrequent occurrence or of regional significance; and d) Is not located within a stream corridor as defined in the Sensitive Areas Ordinance. 2) The required natural buffer may be reduced by up to 75 feet if it can be demonstrated by a wetland specialist that the wetland: a) Satisfies the criteria listed in subsection 1 above; and b) Does not, in a year of average precipitation, contain standing water throughout the calendar year; and c) Is not a forested wetland; and Ordinance No. 95-3699 Page 9 d) Does not provide a known habitat for migratory birds of local or regional significance. 3) Buffer averaging may be permitted or required where an increased buffer is deemed necessary or desirable to provide additional protection to one area of a wetland for aesthetic or environmental reasons. In this situation, the width of the required buffer around other areas of the wetland may be reduced by up to 50 percent, but the area of the provided buffer must be equal to or greater than the total area of the required buffer. _ Wetland . , .... ~ ,~..~'~--;~ ~ ..... ~--'~' %~ AVENGED '.flI STANDARD ,~ ~ ' WE~ND BUFFER'; UP~D W~ND BUFFER ' ' 4) In determining whether to reduce or not to reduce the required buffer, the City shall consider the following: a) The proposed land use of the prope~ and its potential impact on the wetland. b) The design and layout of the proposed development in relation to the wetland. c) The physical characteristi~ of the site and the wetland. d) Any other factor related to the shod or long term environ- mental stability and health of the wetland. c. Design Standards: 1) No grading, dredging, clearing, filling, draining, or other develop- ment activity shall occur within a delineated wetland or required buffer area, unless said activity is pad of a mitigation plan as approved under subsection 14-6K-1G4, entitled "Wetland Mitigation," or is a permitted use, such as a trail, allowed under the provisions of subsection 14-6K-1E, entitled "Uses Permitted Within Protected Sensitive Areas and Buffers." 2) For properly not se~ed by a municipal sanita~ sewer system, the Io~tion of septic tanks, soil absorption systems, holding tanks, or any other element of an on-site sewage disposal system must meet the required yard specified in the regulations of the base zoning district, as measured from the buffer edge. 3) To mitigate negative impacts of development and limit sedimen- ration, the direct discharge of untreated sudace water from a Ordinance No. 95-3699 Page 10 development site or a developed area into a wetland may be prohibited. The partial treatment of storm water runoff through the use or combined use of constructed wetlands, detention basins, vegetative filter strips, sediment traps or other means before the storm water runoff reaches a wetland will be considered as part of a mitigation plan as provided in subsection 14-6K-1G4, entitled "Wetland Mitigation." In such case, the discharge should not in- crease the rate of flow or decrease the water quality of the wetland, unless it can be shown by a wetland specialist that an increase in the rate of flow will enhance rather than adversely impact the wetland. 4) On any lot containing a wetland, erosion control measures, whether required under Article 14-51, entitled "Grading Ordinance," or as part of a mitigation plan approved under the provisions of the Sensitive Areas Ordinance, shall be installed prior to any development activity occurring on the site. 5) The planting of foreign or invasive species, including intrusive native varieties, in wetland or buffer areas shall be prohibited. Only non- intrusive native species shall be used to supplement existing vegetation. 6) The removal of foreign or invasive species, including intrusive native varieties, within a wetland or buffer area may be permitted when approved as part of a mitigation plan as provided under subsection 14-6K-1G4, entitled "Wetland Mitigation." 7) Where it is determined that the area occupied by the required buffer provides little natural protection to the wetland due to previous land disturbance, enhanced vegetative cover shall be provided within the buffer area to help filter and slow the flow of surface water. The enhanced vegetation shall consist of species that are known to be non-invasive to wetland areas. 4. Wetland Mitigation: A Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan or Sensitive Areas Site Plan for property containing a .wetland, as defined in the Sensitive Areas Ordinance, shall include a mitigation plan showing that all regulations contained in subsection 14-6K-1G3, entitled "Wetland Regulations," will be met. Avoiding a delineated wetland area and minimizing the impact of development on a wetland is strongly encouraged, and shall be investi- gated before compensatory mitigation will be considered. a. In addition to the submittal requirements contained in subsection 14-6K-1 F, entitled "Submittal Requirements," a wetland mitigation plan shall include the following information: 1) The type and location of erosion control measures to be placed on the property prior to any other development activity occurring on the site. 2) The boundaries of the delineated wetland and the required natural buffer area. 3) Certification by a wetland specialist or the U.S. Army Corps of Engi- neers regarding the wetland delineation, if required. 4) Information regarding the characteristics of the wetland necessary to determine the allowable buffer reduction as provided in subsection 14-6K-1G3b, entitled "Wetland Buffer Requirements," if a reduction is requested. 5) A storm water management plan indicating that the requirements of Section 14-3G, entitled "Storm Water Collection, Discharge and Ordinance No. 95-3699 Page 11 Runoff," and subsection 14-6K-1G3c3, which is listed 'under "Design Standards" and addresses storm water runoff and sedimentation, will be met. b. Compensatory mitigation may be permitted only if it is clearly demonstrated that avoiding and minimizing the impact on a wetland is unreasonable. A permit for any development activity within a wetland area is required by the U.S. Army Corps of Engineers. If a permit is granted for development activity within a wetland, compensatory mitigation shall be required based on the following criteria, unless a greater degree of compensation is required by the Corps: 1) Wetlands containing species listed by the federal or state govern- ment as endangered or threatened, or containing critical or out- standing natural habitat for those species, wetlands containing the presence of diverse plant associations of infrequent occurrence or of regional importance, and wetlands located within stream corridors as defined in the Sensitive Areas Ordinance (Section 14- 6K-1) shall be considered protected, "no build" wetland areas. Compensatory mitigation will be considered only if the wetland disturbance is relatively small in relation to the overall wetland and if it can be shown that the disturbance will not have an adverse impact on the overall wetland. If compensatory mitigation is permitted for a wetland meeting these characteristics, the required replacement ratio of comparable habitat replaced to habitat lost shall be at least 3:1. 2) The replacement ratio of comparable habitat replaced to habitat lost shall be at least 2:1 for wetlands not meeting the criteria listed in subsection 14-6K-1G4b1 above, but containing: a) Standing water throughout the calendar year under average precipitation, b) Forested wetlands, and/or c) Wetlands providing a known habitat for migratory birds of regional or local significance. 3) Compensatory mitigation for all other wetlands regulated under the Sensitive Areas Ordinance shall be at a ratio of at least 1:1. If said wetland and/or the replacement habitat is enhanced to meet one or more of the criteria listed in subsections 14-6K-1G4b1 or 14-6K- 1G4b2 above, the required replacement ratio may be reduced to 0.5:1. c. Where compensatory mitigation is proposed, the mitigation plan specified in subsection 14-6K-1G4, entitled "Wetland Mitigation," must be prepared by a wetland specialist. A compensatory mitigation plan must include the following components: 1) An assessment of the value of the wetland being replaced to determine the appropriate replacement ratio; 2) A clear statement of the goals of the mitigation plan, including specific statements regarding the expected rate of establishment of a vegetative cover over specified periods of time; 3) Analysis of the soils, substrate and hydrology of the proposed site of the constructed or expanded wetland in terms of their suitability to provide a proper growing medium for the proposed vegetation; 4) A list of the plant species to be used, which should include only native, non-invasive species, and their proposed locations. Tran- splanting as much of the native vegetation from the original wetland Ordinance No. 95-3699 Page 12 as possible, as well as the upper six to twelve inches of the soil is encouraged; and 5) Provisions for monitoring the condition of the new or enhanced wetland area for a period of five (5) years, and identification of the party responsible for replanting in the event of poor initial growth or predation resulting in a failure of over 30 percent of the planted stock. Information collected during the monitoring process shall be submitted to the City annually and include the following: a) Data on plant species diversity and the extent of plant cover established in the new or enhanced wetland; and b) Wildlife presence; and c) Data on water regimes, water chemistry, soil conditions and ground and surface water interactions; and d) Proposed alterations or corrective measures to address deficiencies identified in the created or enhanced wetland, such as a failure to establish a vegetative cover or the presence of invasive or foreign species. H. Stream Corridors: 1. Purpose: The purpose of regulating development in and around stream corridors is to: a. Preserve the value of stream corridors in providing floodwater conveyance and storage. b. Promote filtration of storm water runoff. c. Reduce streambank erosion. d. Protect and enhance wildlife habitat. 2. Stream Corridor Regulation by Other Agencies: The approval of a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan or a Sensitive Areas Site Plan shall be in addition to the applicant's need to obtain permits required by other local, state or federal agencies, and does not alter the applicant's obligation to satisfy and obtain all other applicable local, state or federal regulations and permits. 3. Stream Corridor Regulations: Any property located adjacent to the Iowa River or another stream corridor in Iowa City will be required to submit a Sensitive Areas Site Plan, unless said property qualifies for an exemption under subsection 14-6K- 1D, entitled "Exemptions," or is considered under a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan review required for another sensitive feature on the site. 4. Stream Corridor Buffer Requirements: a. Unless exempt under subsection 14-6K-ID, entitled "Exemptions," the following buffer requirements will be maintained; when other sensitive features are located within a stream corridor, the most stringent required protective buffer will apply: 1) Along the Iowa River, a 50-foot natural buffer will be maintained be- tween any development activity and the stream corridor which includes the floodway. 2) Along tributaries to the Iowa River that have a delineated floodway, a 30-foot natural buffer will be maintained between any development activity and the stream corridor which includes the floodway. These tributaries include, but are not limited to Ralston Creek, Willow Creek, Snyder Creek, Clear Creek and Rapid Creek. 3) Along tributaries or drainageways that do not have a delineated floodway, a 15-foot natural buffer will be maintained between any development activity and the stream corridor limits. Ordinance No. 95-3699 Page 13 BUFFER REQUIREMENTS IN STREAM CORRIDORS MINIMUM BUFFER BUFFER MINIMUM BUFFER 50'--IOWA RIVER MEASURED FROM 50'--IOWA RIVER 30'- TRIBUTARIES WITH EDGE OF 30'-- TRIBUTARIES WITH DELINEATED FLOODWAY STREAM DELINEATED FLOODWAY 15'- TRIBUTARIES WITHOUT CORRIDOR 15'-- TRIBUTARIES WITHOUT DELINEATED FLOODWAY DELINEATED FLOODWAY b. The City may reduce the required natural buffer based on the following criteria: 1) The required natural buffer may be reduced by up to 50 percent if the applicant demonstrates that the portion of the buffer being reduced: a) Does not contain significant existing vegetative cover, such as native trees or prairie remnants; and b) Does not contain other sensitive areas subject to the requirements of the Sensitive Areas Ordinance; and c) Enhanced vegetative cover will be provided in the remaining buffer area. 2) The required natural buffer may be reduced by up to 100 percent if the applicant demonstrates that: a) The property is adjacent to or contains a stream corridor that is located in a developed area of the City (defined as an area of the City where platted lots abut the stream as of December 13, 1995, the effective date of the Sensitive Areas Ordinance); and b) The portion of the buffer being reduced does not contain other sensitive areas subject to the requirements of the Sensitive Areas Ordinance; and c) Requiring the full stream corridor buffer would preclude reasonable use of the property; and d) Enhanced vegetative cover will be provided in any remain- ing buffer area, to the extent possible. c. In determining whether to reduce the required buffer, the City shall consider the following: 1) The proposed land use of the property and its potential impact on the stream corridor; 2) The design and layout of the proposed development in relation to the stream corridor; 3)The characteristics of the site and the stream corridor; and 4) Any other factor related to the short or long term environmental stability and health of the stream corridor. I. Regulated Slopes: 1. Purpose: The purpose of regulating development on and near steep slopes is to: a. Promote safety in the design and construction of developments. Ordinance No. 95-3699 Page 14 b. Minimize flooding, landslides and mudslides. c. Minimize soil instability, erosion and downstream siltation. d. Preserve the scenic character of hillside areas, particularly wooded hillsides· 2. Regulations: a. Steep Slopes - Any property containing steep slopes (18-24%) shall be required to submit a Sensitive Areas Site Plan, unless said property qualifies for an exemption under subsection 14-6K-ID, entitled "Exemptions·" The Sensitive Areas Site Plan must conform with the design standards for regulated slopes specified in subsection 14-6K-114. b. Critical Slopes - Any property containing critical slopes (25-39%) shall be required to submit a Sensitive Areas Site Plan '~ .... '-', ...... ., rczcning .... ^"ca° P'ar, and a Grading Plan, unless ~I'4I~I~I/ll%I/NM&I%I/I I, %I~Vl I~. v · %, v ~%·.~VVl%i/~I , ,VI l& l said property qualifies for an exemption under subsection 14-6K-ID, entitled "Exemptions·" The Sensitive Areas Site n .... ~ .... "* Plan must conform with the design standards for regulated slopes specified in subsection 14-6K-114, and the Grading Plan must conform with the require- ments of the Grading Ordinance, If the Sensitive Areas Site Plan indicates that more than 35% of the critical slopes on a property are to be disturbed a Sensitive Areas Overlay Rezoning application will be required. c. Protected Slopes - Any area designated as a natural protected slope (40%+) shall not be graded and must remain in its existing state, except that natural vegetation may be supplemented by other plant material. Any such property shall be required to submit a Sensitive Areas Site C)ver4ay re---on!rig ~'-",';,-'-*;,',,', o,,,-,,.;,;,,,, ^ .... n .... , ...."~ Plan and a Grading ~4~fl I Vf~4 &IVI I, VVI IVI~,I VV · %1 vu%~ I,m~V V VIVI~i i iVi i~. Plan, unless said property qualifies for an exemption under subsection 14- 6K-ID, entitled "Exemptions·" Development activities may be allowed within areas containing altered protected slopes provided that a Sensitive Areas Overlay Rezoning is approved by the City Council and if a geologist or professional engineer can demonstrate to the satisfaction of the City that a development activity will not undermine the stability of the slope and the City determines that the development activities are consis- tent with the intent of the Sensitive Areas Ordinance. d '~ '~ nr~n~r~, ,~*,n~r ,'~;f;~o fl~-~f n~ ~l~,~l~r~n~n~ .~,.f;~,;~, ~,;11 ,~,.,., ,r ~,;fl~in ~'~ "' ~ll I ...... r-' .......... ~ .... C,.,,,,., ,.,, ,,.,, ,.,, ....... ~' ;"*"' a "'";*;"'-' o',',,-,- *he ,.i,,, .,,.,,., ,.,;,, thece ,,.. .............. v ........ vt.,,., e,n, ....... --,',,~' ;,-Y~r~.-~..t c,l..~,..,.-.. ~,; I,%,.~I qM4 %,4 Il I I IV& Il I llvf~,4%,,~, I ~.;l%,/IkJ%.~llF' ~1~,~ ("i~,, ,,~,~¥ .... ,..,;"~ ~t..,,,, ' '."-I '.",, '-',, ,,..-,, ,. e, "~ i %.~&...%.~rl III I~1%.,~%..~l I~.~1 n.I v ~.~ · ti %..~q.A~./ i.,,~'%.~ v .,,..,1.~,l.J., ,~,,, , ~. "~n~"~ -'~ll,',nAi ..... ~' '.'r..,,.,, ,..,- C;',,'~C! 1,%~ 1%/Il v Il l,l ffk4%lA I I I I I I I ~.; l,l /1,,4 Ikl V %1~ 1%~ V 1%,~II ~/I V%,/%./~I U 1%./~,~ IVI lk,I/%,~I I~i,~1%1V~k~ · %1%,,~IMIV VIL~ I.I I /M4 ~ii/%,,/I IVI&I · %1%,~Uq, l, ff V V%,~I I~..4~ 1%-~&,~VI III I.~IV%./I I IV · %1VU~/ illlfVV%,WlVMlllVl l& I lull. to a maximum buffer of 50 feet. The buffer area is to be measured from the top, toe and sides of the protected slope. No development activity, including removal of trees and other vegetation, shall be allowed within the buffer. If a geologist or professional engineer can demonstrate to the satisfaction of the City that a development activity can be designed to eliminate hazards, the buffer require- ments may be reduced provided that a Sensitive Areas Overlay Rezoning is approved by the City Council. Ordinance No. 95-3699 Page 15 BUFFER REQUIREMENTS FOR PROTECTED SLOPES 2' FOR EVERY 1' OF VERTICAL RISE UP T( PROTECTED SLOPE (40% OR GREATER) A MAXIMUM OF 50' TOE OF SLOPE TOP OF SLOPE NOTE: BUFFER MAY BE REDUCED UPON REVIEW AND APPROVAL OF ,a SPECIAL STUDY. Ordinance No. 95-3699 Page 16 4. Design Standards for Regulated Slopes: The following standards shall be addressed when either a Sensitive Areas Site Plan or a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan for property containing regulated slopes is submitted' a. Except for commercially or industrially-zoned properties, every lot or parcel containing protected slopes shall have a construction area equal to at least forty percent (40%) of the minimum lot size required by the zone in which it is located. [For example, the construction area would be a minimum of 3,200 square feet for a lot in the RS-5 zone, where a minimum 8,000 square foot lot is required.] b. Except for driveways and utilities installation, no grading or excavation shall be allowed outside the construction area on lots containing protected slopes. Grading and excavation shall be minimized on steep and critical slopes. c. Cut slopes shall be constructed to eliminate sharp angles of intersection with the existing terrain and shall be rounded and contoured as necessary to blend with existing topography to the maximum extent possible. The City will not accept the dedication and maintenance of cut and fill slopes, except those within the required street right-of-way. d. Street rights-of-way and public utility corridors shall be located so as to minimize cutting and filling. e. To maintain the stability of ungraded areas, existing vegetation shall be re- rained to the maximum extent possible. J. Wooded Areas 1. Purpose: The purpose of regulating development in and around wooded areas is to: a. Reduce damage to wooded areas of the City, particularly wooded wetlands, steep slopes and stream corridors. b. Reduce erosion and siltation. c. Minimize the destruction of wildlife habitat. d. Encourage subdivision and site plan design which incorporate groves and woodlands as amenities within a development. 2. Woodland/Grove Regulations: %1 i,,~ I,,?1 ~,?~,~1 1,1,~ ~,?~Ni~I I%~l,~11 III I~ ~ ww i i i~ iv~v~ vi i ~ ~v~ VVl i~11 iii i~ vi i~1~1 Ar~n~ ~,~rln~, ' vi i ~1 ~lV~ ~ffVl i i~lVl i ~ , Any prope~y containing ~ woodland, but not oth~is~ r~quired Sensitive Areas Overlay rezoning/Sen~itive Areas Development Plan, will be required to submit a Sensitive Areas Site Plan prior to woodland clearing or commencing ~n~ d~velopm~nt ~ctivi~, unless s~id qualifies for an exemption under subsection 14-6~-1~, ~ntitled "Exemptions." b. Site ~l~ns, grading ~l~ns ~nd subdivision pl~ts for ~ny prop~y containing ~ grove of tree~ ~h~ll illustrate the grov~ on the plan or pl~t prior commencement of any development ~ctivity, ~nd will t~ke me~sur~ to protect ~nd r~tain ~s much of the grov~ ~s pr~oti~bl~, unless s~id qualifies for. ~n ~x~mption under subsection 14-6~-10, ~ntitl~d "Exemptions." ii ~11~ ~lV~Vi ~ Villi i yvi ~lllV~ ~1 i~ iiv ~y~lV~ll i1~ U~lyl~] ~!111 vvvui Ii1~11111 Ordinance No. 95-3699 Page 17 , ,.,,..v, ,,, ,~, ,-,v, ,,.,,,., ,,., I~,~ ~,~"~ ;~,~,,4 ............ ~, ......... may ........ Tho i i i 11 i ~ ii1~] ivv~ ~vv / ~lV~VV~lVii ~lV~ Vil~ll ~ ~lv~vi lv~ ~ ~il~ vi vvi i~1 vi u I ivi i iVVlll ivi u ~vvi~lVi i, i I ivi ~v ~1 i~ ~1 Ii i~ vvi i~1 UV~lVi i ~1 v! ~ ivi ivv II i ~v ~1 vv v~ ~1 i~ i i i~11 I~11 iv~ ~] c. If due to site constraints oF JnfFastructure requirements a Sensitive AFeas Site Plan for a prope~y can not adhere to the minimum woodland retention Fequirements contained in section 14-6K-1~-3. The City may approve the planting of replacement trees subject to the requirements of section 14-6K-1~-~ provided that a Sensitive ~eas Overlay Rezoning is approved by the City Council 3. ~oodland Retention and Replacemen~ Requirements a. Sensitive Areas Developmen~ Plans and Sensitive Areas Site Plans required ~o be submitted under this Section shall delineate all existing woodlands and shall designate all woodlands ~ha~ are $o be proSected. The plans shall substantiate tha~ woodlands are being re~ained as ~ollows unless a Sensitive Areas Overlay Rezoning allowing planting of replacement t~ees is appFoved by the City Council: Zone Retention Requirement ID, RR-1 70% RS-5, RS-8, RS-12, 50% RM-12, RM-20, RM-44, RNC-12, RNC-20 20% RDP, ORP 20% C and I 10% b. The required woodland area to be retained shall be delineated to include a buffer area by measuring fifty (50) feet outward from the trunks of trees intended to be preserved. c. If the City determines that the required woodland area cannot be retained due to site constraints or infrastructure requirements, replacement trees will be planted. One tree shall be planted for every 200 square feet of woodland removed from the otherwise required retention area. d. Where it is not feasible to replace trees on-site, replacement trees may be planted to supplement reforestation of an off-site woodland approved by the City. An off-site woodland shall be either publicly owned property or property subject to a conservation easement. e. Replacement trees must be approved by the City, and to the extent possible, should be of the same or equivalent species as the trees being removed. f. Replacement trees shall meet the specifications set forth in Section 14-6R- 5, entitled "General Tree Planting Requirements," and shall be secured by a performance guarantee for a period of 12 months. g. Woodland and tree protection methods for proposed development activity shall be shown on any plan or plat required to be submitted prior to commencement of development activity. Protection methods should comply with generally accepted tree protection guidelines and be approved by the City. h. When other environmentally sensitive features regulated by the Sensitive Areas Ordinance are present in combination with a woodland, the Ordinance No. 95-3699 Page 18 regulations related to all the sensitive areas contained on the property will be considered, with the most stringent regulations applying. 4. Design Standards for Woodland Retention: The following standards should be ad- dressed when either a Sensitive Areas Site Plan or a Sensitive Areas Overlay rezoning/Sensitive Areas Development Plan is submitted: a. To the extent possible, woodlands located on steep and/or critical slopes and/or within 100-year flood plains should be given the highest retention priority when meeting the requirements of subsection 1416K-1J3, entitled "Woodland Retention and Replacement Requirements." b. Street rights-of-way, public utility corridors and building sites should be located so as to minimize their impact on woodlands and groves. d. Where possible, woodlands and groves to be protected should be located within designated public or private open space, either through dedication, a conservation easement, or control by a homeowners' association. NO CHANGES PROPOSED BEYOND THIS POINT IN THE ORDINANCE.