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HomeMy WebLinkAbout2012-12-18 OrdinanceSTAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo Item: REZ12- 00024/SUB12 -00010 Date: October 18, 2012 Cardinal Pointe South — Part Three GENERAL INFORMATION: Applicant: Southgate Development Services 755 Mormon Trek Boulevard Iowa City, Iowa 52244 Contact Person: Glenn Siders 337 -4195 gsiders @sdev.net Requested Action: Rezoning to amend OPD plan and preliminary plat approval of Cardinal Pointe South Part Three Purpose: Subdivision of Lot 39 of Cardinal Pointe South Part Two into 18 lots and consolidation of Lots 22 -38 of Cardinal Pointe South Part Two into 14 lots. Location: Ryan Court south of Preston Lane Size: Approximately 6.53 acres Existing Land Use and Zoning: Undeveloped - OPD -8 Surrounding Land Use and Zoning: North: Undeveloped - OPD -8 East: Open space - OPD -8 South: Undeveloped - ID -ORP West: Undeveloped - ID -ORP Comprehensive Plan: Residential 2 -8 dwelling units per acre File Date: October 12, 2012 45 -Day Limitation Period: November 26, 2012 BACKGROUND INFORMATION: The Planned Development Overlay (OPD -8) rezoning for Cardinal Point South was approved in 2007. The OPD plan and preliminary plat included 18 single - family residential lots, 17 zero -lot line single - family residential lots, 69 townhouse style units on three large lots. The plat also included a 1.69 -acre commercial office lot at the intersection of Kennedy Parkway and Camp Cardinal Boulevard, a 5.26 -acre parcel on the east side of Camp Cardinal Boulevard to be dedicated for a 2 neighborhood park, a 12.07 -acre outlot containing sensitive areas to be held as private open space and an 8.07 -acre lot for future development (a copy of the previously approved plan is attached). Several of the single family homes and 8 of the townhouse style units have been built. Four townhouse style units are under construction. None of the zero -lot line dwellings have been built. The applicant, Southgate Development Services, is now requesting amendments to the OPD plan and preliminary plat to replace 39 townhouse style dwelling units that were approved on lot 39 with 18 zero -lot line lots (Lots 36 -53). The 17 zero -lot line lots that were approved on the south side of Ryan Court would be modified to be made larger and three lots would be eliminated. Overall the total number of units would be reduced by 21. The other elements of the plan located north of Preston Lane would remain as previously approved. The applicant has elected not to use the Good Neighbor Policy. ANALYSIS: The proposed modifications to the OPD plan would reduce the overall density of development by replacing townhouse style units with zero -lot line units. The applicant has indicated that there currently is more demand in the market for dwellings with living space contained on a single floor rather than on multiple levels found in a townhouse. The overall development would continue to contain a variety of housing types — detached single - family, townhouse and attached single - family — as encouraged by the OPD provisions of the zoning code. Even with the revisions, there will be 34 townhouse style units on Ryan Court and adjacent to the park north of Preston Lane. The zoning code, Section 14 -3A-4 Planned Development Overlay— Approval Criteria, requires that when attached housing units are built in what is otherwise a single - family zone, the units must be designed to minimize front yard paving and that emphasis be placed on the residential aspect of each building rather than on the garage. Similar to the previously approved plan, the applicant has addressed this requirement by including front porches that are located forward of the garage (proposed elevations attached). The plan should include typical foot prints of each model showing how the garages are recessed behind the porch. The code also requires that the attached units be designed in a manner that prevents monotony by varying aspects such as fagade detailing, window pattern, building materials and color. As a result the previously approved plan included four different fagade designs for the zero -lot line models. The applicant is proposing five models with the revised plans. The applicant's builder has indicated that attached elevation drawings are preliminary and that they will be refined prior to the Commission's vote. The street access management article of the zoning code requires that driveways be located at least 3 feet from the side property lines and there be at least 6 feet between curb cuts. This may be difficult to achieve for some of the proposed models where the both garages are shown on the common lot line. The applicant's builder has indicated that he will address this with revised building designs. The originally approved plan included a large common open space in the center of lot 39 to be maintained by a homeowners' association. In the revised plan that area would be included as rear yards for the individual zero lot line dwellings. The overall development would continue to contain large open spaces including the future public park located on the north side of Preston Lane and Outlot D, which contains open space and sensitive areas on the south of the subdivision. 3 The proposed amendments to the OPD plan and preliminary plat appear to comply with the OPD provisions of the zoning code and the subdivision regulations. In staff's opinion the modifications are compatible with the remainder of the Cardinal Pointe South development. STAFF RECOMMENDATION: Staff recommends that REZ12- 00024/SUB12 -00010 a preliminary Planned Development Overlay Plan and plat of Cardinal Point South Part 3 be approved subject to the plan showing typical foot prints and approval of building foot prints and elevation drawings. ATTACHMENTS: 1. Location Map 2. Preliminary Plat and OPD Plan 3. Preliminary proposed elevations drawings 4. Previously approved plan 5. Previously approved elevation drawings Approved by: Jeff Davidson, Department of Planning and Community Development D p C } o I co bd N8Vl MOOV3W A f 3 i w ( I L Q N CL j N _. W U } , i ce i Q i � d 1 a GA18 IVNi(18VO drIVO a = oC �oPO a-J 0 CL C i V T Z Q O J W N �, T" s� r ry k� N � ° /� ��y3Ry �rd �•Ayy b5 R 5� m zzW LL 'W O. ''^^ vJ w \w n z w =< A€ CO Z0 O Q O U OJ. W Q� Q F- O a€ F:5 M1 J (L J �Q Z_ Z m uN J L.L �U k go gi s 9 ! g88 O ill! 11111,NRI HIS 11111111 11 11 y iill Iii �UpkpNe.a�.al I I u,: ,I � d�$ im wn is �� z zwz /sz /o s szz \- sss- svzz \smz a gzg ��y3Ry �rd �•Ayy b5 R 5� m zzW LL 'W O. ''^^ vJ w \w n z w =< A€ CO Z0 O Q O U OJ. 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MEMO NONE ��..IIIIIIIIII "" IIIIIIIIIIIIIIIIIIIIIIII � ON 17 4 1 IIIIIIII 6E 7H���7F- ■■ IIIIIIIIIIIIIIIIIIIIIII' � MEMO MINE MEMO 1111 ■■■■ MEMO .... .... -- - _- -__ OEM HOR Ism im MMOM moms Zmiw =MEN 00 no �JIIIIIIIII !I VIII, NIT."Rill i . ■ Al iAl .1 I -.."4 4 4 4 0 O LU d LE LU -A T3 7p� f0� Im 0 W A (L O O q ai d "1 alwoo car ANO l Va -rnrn IONONOJ 1 1 1 1 m Q z '4 U z O } LU LU I-- LL LU a6 Ph C 1 a- Cj 1 1 OC'� ANO iM913M if City of Iowa City MEMORANDUM Date: October 24, 2012 To: Planning and Zoning Commission From: Robert Miklo Re: REZ12- 00024/12 -00010 Cardinal Pointe South Amendment to OPD The applicant's builder has submitted the attached revised building elevations for your consideration. We have asked that the OPD plan show typical driveway configurations to assure that the code requirement for access management is being met and the front yard paving is being minimized. To date we have not received drawings of the proposed driveway configurations from the applicant. Staff anticipates that drawings will be received from the applicant prior to your meeting on Thursday. _ == onCM Il�et t T EMMM 11 IILI -1 .•iii•. on on 1��'.; .11 If! ��� GOO O• O ■O■ MEMO NOME ■E■■ "I 0 �NI ■ ■M■ ENNN ■OM■ 1101 VMOI 'kLd3gIl HildON Glal-ADNIddS SNOLLVAB'13 'dOl'dg-LXa ..loan .... .... OMEN ......l .... MISS .. . ON ON 11 - 1 L'1I J-10 .. . A R tV I... •� No ... _ oom ( OME - ELF-7m C............. NEI 1111111111111 -, ....- _ _ -=-a =-a- ME - -_ Sol -- f f t VA . NIb' ■� -..fit �'i A �� II■��■ �14�,, � to i1 FS]i�i 011 �.-1-00 0 0 ME ri IINN, �IIlII� �� `; L■' es p 1�1� 1�� • .• -13 -dOM3-LX3 M� 111111 Em �C��... .. EON■ NOON jji.l NOON I Jli � . � -- NO -, ON on ON i :_�� V, NOUdO i -- LIA , -- —111 F27, d g 9-6 Prepared by: Andrew Bass an, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319'-396-524611, EZ12- Otl014) r,, ORDINANCE NO. REZONING ORDINA E TO AMEND THE PLANNED DEV L4F11IN -0VEAY MEDIUM - DENSITY SINGL AMILY (OPD -8) PLAN FOR 6.5 ACRES LQATEC AT CAMP CARDINAL BOULEVA D, RYAN COURT AND PRES ON LANE TO CHANGE TOWNHOUSE STYLE UNITS ZERO LOT LINE DWELLI S. (REZ12- 00024) WHEREAS, the applicant, uthgate Development amendment to the Planned Develo lent Overlay Medium - Plan to change 39 townhouse -style its to 18 zero lot ling at Ryan Court south of Preston Lane; c WHEREAS, the applicant has indica for dwellings with living space contained found in a townhouse; and WHEREAS, the overall development rvices, has requested an ensity Single Family (OPD -8) dwellings for property located there is cur ently more demand in the market n a single loor rather than on multiple levels types — detached single - family, townhouse ai WHEREAS, the Zoning Code requires tl what is otherwise a single - family zone, the u paving and that emphasis must be placed rather than on the garage; and WHEREAS, the applicant has address that are located forward of the garage; and Id co tinue to contain a variety of housing tt hd single - family; and en attached housing units are built in X__S_ ut be designed to minimize front yard e residential aspect of each building this rel uirement by including front porches WHEREAS, the Planning and Zonin Commissio rezoning and has recommended approv I. NOW THEREFORE BE IT ORDAI D BY THE C has the reviewed the proposed COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The PI nned Development O erlay (OPD) Plan for property described below is hereby amen ed as shown on the pr liminary plat and OPD plan attached hereto and incorporated erein by this reference: Lots 22 through 39 of C rdinal Pointe South – Part wo, accordance with the plat th reof recorded in Plat Book 52, at ag of the Johnson County R order's Office, containing 6.53 Acr SECTION II. ZONING AP. The Building Inspector is hereby a to change the zoning j1Fr11CATION of the City of Iowa City, Iowa, to conforr upon the final passage, roval and publication of this ordinance by SECTION III. CER AND RECORDING. Upon pass the Ordinance, the City Clerk is hereby authorized and directed to ordinance and to record the same, at the office of the County F County, Iowa, at the owner's expense, all as provided by law. Iowa City, Iowa, in 279, in the records orized and directed to this amendment and approval of y a copy of this der of Johnson • Ordinance No. Page 2 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of he Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication sha not affect the validity of the Ordinance a a whole or any section, provision or part ther of not adjudged invalid or unconstitutional. SECTION VI. 41FECTIVE DATE. This Ordinance sha be in effect after its final passage, approval an ublication, as provided by law. 7 = •� ATTEST: CITY CLERK Approved by City Attorney's Office 13 — ^7 n y Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -W0 (REZ12- 00024) ORDINANCE NO. REZONING ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OV RLAY MEDIUM - DENSITY SINGLE -FA LY (OPD -8) PLAN FOR 6.53 ACRES /ea TED AT AMP CARDINAL BOULEVARD, RYAN C RT AND PRESTON LANE TO CHANGNHOUS STYLE UNITS TO ZERO LOT LINE DWELLIN S. (REZ12- 00024) WHEREAS, the applican Southgate Development Services, huested n amendment to the Planned Development Overlay edium - Density Single Family (OPD -8 to ch ge 39 townhouse -style units to 18 zero lot line dwellings f property located at Ryan Court soutresto Lane; and WHEREAS, the applicant has I dicated there is currently more dein th market for dwellings with living space contained on a single flo rather than on multiple levels foua t nhouse; and WHEREAS, the overall develop t would continue to contain a ty of housing types — detached single - family, townhouse and at tached si le- family; and WHEREAS, the Zoning Code require that when attached housing are built in what is otherwise a single - family zone, the units must be desi ed to minimize front yard ng and that emphasis must be placed on the residential aspect of each build g rather than on the garad WHEREAS, the applicant has addresse his requirement by inc front porches that are located forward of the garage; and WHEREAS, the Planning and Zoning Com issic recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE Cl SECTION I APPROVAL. The Planned Developm hereby amended as shown on the preliminary plat and this reference: has the reyfewed the proposed rezoning and has COUNCI F THE CITY OF IOWA CITY, IOWA: it Overla (OPD) Plan for property described below is PPD pl n attached hereto and incorporated herein by Lots 22 through 39 of Cardinal Pointe South – Part o, Iowa City, Iowa, in accordance with the plat there of recorded in Plat Book 52, at page 279, in th re ords of the Johnson County Recorder's Office, containing 6.53 Acres, and subject to easements an restr tions. SECTION II. ZONING MAP. The Building Insp ctor is her y authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conf to this am \eense, pon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECD DING. Upon pd approval of the Ordinance, the City Clerk is hereby authorized and directed to rtify a copy of thie and to record the same, at the office of the County Recorder of Johnson Cou , Iowa, at the own all as provided by law. SECTION IV. REPEALER. All ordinanc s and parts of ordinonflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any ction, provision or part of the O invalid or unconstitutional, such adjudica on shall not affect the validity of thl section, provision or part thereof not adj dged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE, his Ordinance shall be in effect after publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by inance shall be adjudged to be k Ordinance as a whole or any passage,proval and -- 9/6 9/6 4b Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00024) ORDINANCE NO. REZONING ORDINANCE TO AMEND THE PLANNED DEVELOPMENT OVERLAY MEDIUM - DENSITY SINGLE - FAMILY (OPD -8) PLAN FOR 6.53 ACRES LOCATED AT CAMP CARDINAL BOULEVARD, RYAN COURT AND PRESTON LANE TO CHANGE TOWNHOUSE STYLE UNITS TO ZERO LOT LINE DWELLINGS. (REZ12- 00024) WHEREAS, the applicant, Southgate Development Services, has requested an amendment to the Planned Development Overlay Medium - Density Single Family (OPD -8) Plan to change 39 townhouse -style units to 18 zero lot line dwellings for property located at Ryan Court south of Preston Lane; and WHEREAS, the applicant has indicated there is currently more demand in the market for dwellings with living space contained on a single floor rather than on multiple levels found in a townhouse; and WHEREAS, the overall development would continue to contain a variety of housing types— detached single - family, townhouse and attached single - family; and WHEREAS, the Zoning Code requires that when attached housing units are built in what is otherwise a single - family zone, the units must be designed to minimize front yard paving and that emphasis must be placed on the residential aspect of each building rather than on the garage; and WHEREAS, the applicant has addressed this requirement by including front porches that are located forward of the garage; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The Planned Development Overlay (OPD) Plan for property described below is hereby amended as shown on the preliminary plat and OPD plan attached hereto and incorporated herein by this reference: Lots 22 through 39 of Cardinal Pointe South – Part Two, Iowa City, Iowa, in accordance with the plat thereof recorded in Plat Book 52, at page 279, in the records of the Johnson County Recorder's Office, containing 6.53 Acres. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Ordinance No. Page 2 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK Appr ved by /� L City Attorney's Office am na �c..z nwoV� w' 9. giN" ll, I I � j G ► yze h����� h��i3� ��� � 9i �' � "�1i @� �8i , ,9 off1! Q �0% i ��ppQip x. �tl3 fig iss' 'll z W gw W� w Wry >Q z C/5 z� j �-LUQ a ~ p Oz- I— gn CL J � Q z z �uN J L.L �Ua �L�JI LU K F- a Q z 09 o z� v a J Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 12/18/2012 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 4c Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00027) ORDINANCE NO. REZONING ORDINANCE TO DESIGNATE THE JEFFERSON STREET NATIONAL REGISTER HISTORIC DISTRICT AS A HISTORIC PRESERVATION OVERLAY (OHP) ZONE. (REZ12- 00027) WHEREAS, the applicant, the Iowa City Historic Preservation Commission, has requested approval of a zoning ordinance to designate the Jefferson Street National Register Historic District as a Historic Preservation Overlay (OHP) zone; and WHEREAS, the proposed Jefferson Street Historic District has been listed on the National Register of Historic Places; and WHEREAS, Iowa City Historic Preservation Plan, contained in the Iowa City Comprehensive Plan, supports this designation due to the high concentration of historic buildings; and WHEREAS, the Central District Plan shows the area as a mixture of institutional uses, including university buildings and religious institutions and a mixed use area of residential and commercial buildings, and the mixed use zoning that applies to much of this areas was specifically developed for Jefferson Street as a way of encouraging the preservation of current buildings by allowing them to be used for either residential or commercial uses; and WHEREAS, the City's Strategic Plan contains the goal of stabilizing neighborhoods surrounding the city core; and WHEREAS, the establishment of a local historic district would further implement the City's policies of preserving the historic building stock; and WHEREAS, the Iowa City Municipal Code authorizes the Historic Preservation Commission to recommend and the City Council to designate historic districts, where deemed appropriate, as a means of preserving the neighborhood character of traditional Iowa City neighborhoods, or for preserving areas that exemplify unique or distinctive development patterns; and WHEREAS, the Historic Preservation Commission believes that the designation of the Jefferson Street Historic District will help stabilize one of Iowa City's oldest neighborhoods by providing for design review of exterior changes, building demolition, and new construction, which will assure compatibility with the existing character of the district, and will preserve the neighborhood for future residents of Iowa City; and WHEREAS, the Planning and Zoning Commission believes that designating the Jefferson Street Historic District is in accordance with the Comprehensive Plan the Zoning Code, and will provide a stabilizing effect on the neighborhood and has recommended approval of the designation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby designated as a Historic District Overlay (OHD) Zone: AN AREA CONTAINING BLOCK 46: S 50' of LOT 4 AND LOTS 5, 6, 7, 8; BLOCK 59: S 74' OF LOT 1 AND S 96' OF LOT 5 AND LOTS 6, 7, 8; BLOCK 67: LOTS 5, 6, 7, 8; BLOCK 78: LOTS 5, 6, 7, 8; BLOCK 79: LOTS 2 & 3 AND THE EAST 19' OF LOT 4, AND THE NORTH 80' OF LOT 1; BLOCK 60: LOT 1; BLOCK 45: LOTS 1, 2,3,4; ALL IN ORGINAL TOWN, IOWA CITY, IOWA. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance No. Page 2 Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK App? ved by — �Ilit� GL7�/ w City Attorney's Office //A All 2 Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 12/18/2012 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published rG- ��r 1 ®arr k Z-- m 1�2PV2*t C ITY OF IOWA CITY MEMORANDUM Date: November 9, 2012 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner Re: REZ12 -00027 Jefferson Street Historic District Background: The Jefferson Street Historic District was listed in the National Register of Historic Places in September 2004. The Iowa City Historic Preservation Commission proposes to designate the National Register District as a local historic district. Historic Preservation Commission Review: The Iowa City Historic Preservation Commission met on October 11, 2012 and conducted a public hearing where they reviewed and evaluated the historic significance of the Jefferson Street Historic District. The Commission determined that the district meets the requirements for a local historic district and voted unanimously to recommend approval of the designation of the Jefferson Street Historic District as a Historic District Overlay (OHD) zone. Designation of the district as an OHD zone will require Historic Preservation Commission approval of any significant changes to the exterior of buildings within the district. Historic designation will also make the properties eligible for special exceptions (Section 14 -213-8 of the zoning code) that would allow the Board of Adjustment to waive or modify certain zoning requirements to help support the continued use of historic buildings. Planning and Zoning Commission Review: Local historic districts are created by zoning overlays and therefore require a recommendation from the Planning and Zoning Commission to the City Council. The Commission's role is to review the proposed designation based on its relationship to the Comprehensive Plan and proposed public improvements and plans for renewal of the area involved. The Comprehensive Plan addresses this area in two ways. 1) The historic preservation plan calls for its preservation due to the high concentration of historic buildings — some, including several churches and the Bostick House, are amongst the most historic in the city. 2) The Central District Plan shows the area as a mixture of institutional uses including university buildings and religious institutions and a mixed use area of residential and commercial buildings. The Mixed /Use zoning that applies to much of this area was specifically developed for Jefferson Street as a way of encouraging the preservation of current buildings by allowing them to be used for either residential or light commercial uses. In addition to the Comprehensive Plan the City's Strategic Plan contains the goal of stabilizing neighborhoods surrounding the city core. These include the Northside Neighborhood which begins at Jefferson Street and the College Green Neighborhood which includes Jefferson Street east of Gilbert Street. The establishment of a local historic district would further implement the City's policies of preserving the historic building stock. November 9, 2012 Page 2 Staff Recommendation: Staff recommends that REZ12 -00027 an application to designate the Jefferson Street National Register Historic District as a Historic District Overlay (OHD) zone be approved. Attachments: Map Approved by: i Jeff Davidson, Director Department of Planning and Community Development a z v �L H 0 v O N G7 i a.r U) c O L w W r"1 IS 12i391I9 IS NNI1 IS N32in9 NVA tb u Ejb VW44oa uyo[ 606eW4joyu4or E T0, *04� �. o� A k �r a$� vo 7— TCL N t O Q L Cl a O o, a c Ot 7 C a o o a U a N O O Y U Z F HOD s Ln of Is3nbn9na in ra M- uu R E s= i� IS NOINI1D 7— TCL N t O Q L Cl a O o, a c Ot 7 C a o o a U a N O O Y U Z F HOD Iowa City Planning and Zoning Commission 410 E. Washington St. Iowa City, IA 52240 November 12, 2012 Dear Members of the Iowa City Planning and Zoning Commission: I am writing to offer the strongest possible support for the proposed Jefferson Street Local Historic District. These few blocks of beautiful and densely historic buildings are a jewel in the crown of Iowa City and merit local historic district status as fully as any area ever could. As you are aware, this local historic district would be consistent with City's Comprehensive Plan, the Historic Preservation Plan, and the establishment of the Historic Preservation Commission, which together represent efforts by the City to represent the vast majority of resident property owners who have been supportive of local historic designation. It would also follow the path of a number of other thriving local historic districts in Iowa City, which have benefited residents and visitors while imposing minimal burdens on property owners, since review is necessary only when external building permits are required. By now, Iowa City has had many opportunities to see what is gained from local historic districts. Among their many advantages are that they: • preserve a valuable part of Iowa City' historic heritage for future generations; • enhance cultural and arts institutions by attracting tourists and other visitors; • attract permanent residents and new employees, by boosting quality of life and contributing to the "livability" of the city; • preserve a traditional mix of housing and commercial properties that foster diversity of owners and income levels in a neighborhood. I hope you will consider the truly extraordinary historic qualities of the proposed Jefferson Street district as well as the track - record of local historic district success in making your decision. Sincerely, Claire Sponsler 413 N. Gilbert St. Iowa City, IA 52245 Marian Karr From: Jan Ahlberg <janahlberg @g mail. com> Sent: Wednesday, December 12, 2012 8:24 AM To: Council Subject: Jefferson St. Historic District Dear City Council members -I urge you to support the establishment of the Jefferson St. Historic District. I lived for many years at 320 E. Jefferson, a part of this proposed district, and know the value of this area to the entire community, both economically and socially. As a buffer between the downtown and North Market area, it provides a quiet transition, a place for people to meet and exchange greetings on their way to work or school, and a beautiful example of Iowa City history and architecture. In fact, the house at 320 E, Jefferson was the original house of the Englert family. I hope you will support the establishment of this historic district, which is in the best interest of all of Iowa City. Jan Ahlberg 1 Marian Karr From: Frank Bowman <Iscafe2 @yahoo.com> Sent: Wednesday, December 12, 2012 10:14 AM To: Council Subject: Jefferson St. Historical District Hello City Council Members, We just wanted to voice our opinion in regards to making part of Jefferson Street a local Historical District. As local restaurant owners in the neighborhood (Linn Street Cafe), we believe that it is very important to vote YES to make it a Historical District. We believe that many people in the Iowa City area appreciate the charm of the Jefferson Street area and would like to keep it that way. Thank you so much for taking the time to read this and please think of the local small business owners that this decision could effect. Kind Regards, Frank and Abby Bowman Linn Street Cafe 121 N. Linn Street Iowa City, IA 52245 Marian Karr From: Suzanne Bradley <suzannecbrad ley@g mail. com> Sent: Monday, December 10, 2012 6:09 PM To: Council Please consider the sad situation of Washington street when voting on Jefferson Historic area. The Jefferson houses are so beautiful filled with the character not seen in new developments, even if the Clarks do a better job than before. They have potential as well. Not just as housing, but they could be fabulous commercial spaces, but protected. Many favorite parts of towns are in the converted houses used as great shops and restaurants. Let's strive for interesting places not empty commercial that no new businesses can afford. Thanks Suzanne Bradley Marian Karr From: Paula Brandt <pobrandt @avalon.net> Sent: Monday, December 10, 2012 10:07 PM To: Council Subject: Jefferson Street Historic District Dear Councilors —I urge you to support the creation of the Jefferson Street Historic District. This area has been carefully researched for its historic importance to Iowa City, is already on the National Register of Historic Places, and is a neighborhood that is much loved and enjoyed by Iowa Citians. As a former homeowner (22 years) in the Brown Street Historic District, I know the stabilizing effect that designation had on that neighborhood. There is nothing bad that happens when a historic district is created, but plenty of bad does happen when historic neighborhoods are destroyed. This is good for the neighborhood, the area around it, the people who live and work in the neighborhood, and for the residents of Iowa City in general. The neighborhoods close to downtown and campus have always been endangered. It is amazing and wonderful that these properties, many of which have enormous historic significance, have been so lovingly cared for and are still here for all of us to enjoy. Please support the Historic Preservation Commission, the Planning and Zoning Commission, and the citizens of Iowa City in supporting the Jefferson Street Historic District. Thank you. Paula Overland Brandt 67 White Oak PI Iowa City 52245 354 -6948 Marian Karr From: Jeanette Carter <carterpatton @mchsi.com> Sent: Wednesday, December 12, 2012 9:08 AM To: Council Subject: Jefferson historic district I urge you to vote to name Jefferson street an historic district. Jeanette Carter, 424 Oakland avenue, Iowa City. Thankyou. Marian Karr From: Gregory Cilek <gregory@iowasportsnyc.com> Sent: Wednesday, December 12, 2012 11:21 AM To: Council Subject: Preserving our heritage and Jefferson Street Dear City Council of Iowa City, Please accept my urging that you vote on December 18th to keep the sections of Jefferson and Gilbert Streets designated as historic. It is my heart felt hope that yet another tremendously ugly student warehouse can not be allowed to further damage the historic feel and aesthetic beauty of Iowa City. The quality of Iowa City has suffered more than enough from the lack of its rich heritage being protected from buildings of tasteless character being constructed in areas such as Jefferson Street. I have been a North -ender since birth and drive by this site virtually every day. I witnessed from the 70's and 80's onward inappropriate and extremely ugly student housing apartment buildings stuffed between beautiful historic homes north of this site on Gilbert Street, Church Street, Dodge Street, and other streets that have caused extreme damage to the wonderful feel of my neighborhood. And every day it sickens me to have to look at them. Please do not repeat same the lack of understanding and concern for my neighborhood that the city councils of those eras demonstrated by your allowing further destruction of it. Thank you for your considerations to do the right thing by our City, Gregory Cilek 404 Brown Street (corner of Gilbert Street) Marian Karr From: William Dull <william.dull @yahoo.com> Sent: Wednesday, December 12, 2012 5:07 PM To: Council Subject: Local historic preservation I lived ( and owned) in the house at 320 E. Jefferson from 1981 -2010. This house was built in the late 1870's by John Englert and lived in by the descendants until 1973 . This house was one of the examples of historic places discussed by Irving Weber that has been shown frequently on the Iowa City TV channel. Mr. Weber came to our house on several occasions to discuss the historic aspects of this specific house. Likewise, the immediate descendants of John Englert visited on two occasions and commented on the preservation of this old house. Thus, this house clearly represents a good example of a Victorian home;more importantly,it remains in nearly pristine shape and exists in downtown Iowa City. I personally would like to see this historic landmark preserved and encourage the city council to pass the measure in front of them. William L. Dull 1 Marian Karr From: SandrEskin <sand reskin @aol.com > Sent: Wednesday, December 12, 2012 11:52 AM To: Council Subject: Jefferson Street Local Historic Designation To Iowa City City Council Re Jefferson Street Local Historic District Historic Preservation is one way we can recognize our past and protect our architectural history for future generations. These Jefferson Street buildings and the neighborhood are active, vital, strong and historic and is it up to the City Council to recognize this and vote to keep it that way. Counting on you to support our architectural and community heritage by supporting a Jefferson Street Local Historic District designation. Thank you. Best, Sandie Eskin Marian Karr From: Tom Gartland <gartland @mediacombb.net> Sent: Wednesday, December 12, 2012 9:06 PM To: Council Subject: Jefferson Street designation December 12, 2012 To the City Council: Please vote in favor of designating four blocks of Jefferson Street a local historic district, as proposed by the Historic Preservation Commission. Pat Fa rra nt 1050 Wood lawn 337 -1409 Marian Karr From: jjfigh @mchsi.com Sent: Tuesday, December 11, 2012 2:58 PM To: Council Subject: jefferson historic district Dear City Council Members, I encourage you to support the move to make the Jefferson Historic district a local landmark district. Judith Felder 335 Beldon Ave Iowa City, la 52246 Marian Karr From: maggie graham <maggie.graham @gmail.com> Sent: Wednesday, December 12, 2012 11:51 AM To: Council Subject: Jefferson St Historic preservation Dear City Council Members, I am writing as a concerned citizen of Iowa City about the possible designation of parts of Jefferson St as an historic district. I urge to please vote to make this a local historic district. There are many reasons for which this is important -- including that this area is already a national historic district. I actually live on Jefferson Street and feel very strongly that it be kept in the beautiful, and functional, condition that it currently is. Please vote to designate it historic and protected. Thank you for your time, Sincerely, Maggie Graham 1171 E Jefferson St Iowa City, Ia 52245 319 - 930 -9300 Marian Karr From: Jim Hayes <jhayes @hlplc.com> Sent: Monday, December 10, 2012 2:13 PM To: Council Subject: Jefferson Street Historic District Designation Dear Council Members: I want to express my strong support for designation of the Jefferson Street area currently under consideration as an historic district. The structures within this proposed district add so much character to Iowa City, it would be a shame to see the area not protected from potential decimation. I own and live in a pioneer home which is now 155 years old, 1142 East Court Street, known as The Grant Wood House. Many years ago, except for the foresight of neighbors and city leaders, great homes on Summit Street and Court Street, including 1142, might very well have been torn down to make way for apartments. In fact a contractor built one apartment on Court Steet, adjacent to the VanGilder house, and the contractor was in the process of buying the old Mauricio Lasansky home on the corner of Court and Summit, when Attorney Emil Trott started the effort to save these beautiful residential areas. Thankfully, Emil, neighbors and good sense prevailed and one of the most historic and beautiful areas of Iowa City still exists. I am hopeful that you will follow in the steps of Emil and Councilors of some forty or more years ago and preserve this beautiful compound of history on our near north side. Thank you for your consideration. Jim Hayes Marian Karr From: Ben Lewis <benjamind @gmail.com> Sent: Wednesday, December 12, 2012 9:13 AM To: Council Subject: Jefferson Street local historic district Dear City Council, I'm writing in support of the Jefferson Street local historic district. A historic district would provide needed protections for the beautiful old buildings along this four -block stretch. I live in a historic district, and I can tell you firsthand that the protections and processes are not overly burdensome for residents and property owners. In fact, these districts generally see higher property values, and I feel that consistency of historic neighborhoods, among other things, strengthens relationships between those who live there. Please support this proposed district to help preserve some of the best areas in Iowa City. Sincerely, Ben Lewis 520 Grant Street Marian Karr From: Jean Lloyd -Jones <j. hall. lloyd @g mail. com> Sent: Wednesday, December 12, 2012 9:02 AM To: Council Subject: Jefferson Street Designation To Members of the Iowa City Council: We write in support of the efforts of the Historic Preservation Commission to designate four blocks of Jefferson Street a local historic district. The collection of handsome buildings represents an important span of Iowa City history. Preserving it sends a message to visitors, current and future residents, and generations to come, that we value our rich and varied past. Jix and Jean Lloyd -Jones 160 Oakridge Avenue Iowa City, IA 52246 PH: 319 - 338 -0695 Marian Karr From: Lutgendorf, Philip A <philip- lutgendorf@uiowa.edu> Sent: Monday, December 10, 2012 4:30 AM To: Council Subject: Jefferson Street as Local Historic District Dear Council Members, Although I cannot attend your meeting on Tuesday, December 18th as I will be out of town, I urge you to approve the designation of four blocks of Jefferson Street as a "local historic district." As you know, this would further endorse its recognition on the National Register of Historic Districts, and the recommendations of the Iowa City Historic Preservation and Planning and Zoning Commissions. Having lived in a 120 -year old house for many years (911 Iowa Ave., where I resided from 1985 until the tornado of 2006) I know the importance of preserving historic buildings in order to protect the character of a neighborhood and the quality of life in Iowa City (after the tornado damage forced my family to move, we made sure that the house was rebuilt and restored to its former state). I now live on Glendale Road (a.k.a. Jefferson Street) and frequently walk to campus along it, so I know the many notable structures that give it historic character. It is important, in my view, that the City make every effort to preserve these. Sincerely, Philip Lutgendorf 2 Glendale Court Iowa City, IA 52245 Marian Karr From: Jon McPheron <jwm220@g mail. com> Sent: Wednesday, December 12, 2012 10:47 AM To: Council Subject: Jefferson Historical District I live at 220 E. Bloomington, and am with the Near Northside Neighborhood Association. I firmly believe that the Jefferson neighborhood, especially the 100 through 400 blocks should be designated by the city as a historical preservation district, to protect existing historic charactor and preserve the mix of religious, residential, educational, and commercial high quality of life and to continue as a beacon for our Iowa City/UI community, all Iowans, US citizens /guests and for people around the globe. This area is internationally well known and respected. We need to preserve the iconic history of the neighborhood and quality of life! Many thanks for the opportunity for me to express my thoughts to your chamber! Sincerely, Jon McPheron. Marian Karr From: Forrest Meyer <ftmeyer @me.com> Sent: Wednesday, December 12, 2012 10:42 AM To: Council Subject: approval of Jefferson Street local historic district Dear City Councilors, At your upcoming Dec. 18 meeting, I urge you to approve as a Local Historic District a four -block area of Jefferson Street -- as designated and recommended by both the Iowa City Historic Preservation Commission and the Planning and Zoning Commission. Although this four -block stretch of Jefferson Street is already a national district on the National Register of Historic Places, we need the additional protection of this area that only local designation as a Local Historic District can afford. This portion of Jefferson Street is marked by commercial, educational, religious, rental, and owner- occupied buildings that constitute a rich, diverse, urban streetscape. It edges the downtown and campus areas to the south, and the Northside Marketplace and Neighborhood on the north. These are character - defining portions of Iowa City that appeal to visitors and newcomers alike. Protecting Jefferson Street protects these other areas. Mixed -use zoning was specifically developed for Jefferson Street to encourage the preservation and reuse of current buildings for residential and light commercial. Iowa Citians have shown clear support for local businesses in older buildings close to downtown. Jefferson Street offers this potential while stabilizing surrounding neighborhoods. Thank you for your consideration of this important initiative. Forrest Meyer 212 Grandview Court Iowa City, IA 52246 319 -530 -1558 ftme, er a me.com Marian Karr From: Quenby Murphy <quenbymurphy @ccaschools.org> Sent: Tuesday, December 11, 2012 8:10 PM To: Council Subject: Jefferson Street City Council members: Please vote YES for the Jefferson Street Historic District. I grew up in a historic district in Iowa City; it and neighborhoods like it are one of the reasons that my husband and I have decided to stay in Iowa City as we look for a bigger house for our growing young family. We both work in North Liberty, and most of our friends live in Coralville or N.L. Frankly it would be more convenient and probably cheaper for us to move out there. BUT we value the unique character that Iowa City neighborhoods and downtown Iowa City offers, and that was a deciding factor in the decision to continue to reside here in IC. We enjoy eating at local establishments downtown and the Northside Market Place, visiting the library and Ped Mall, attending the Farmer's Market, etc. because they offer something special and lend to a sense of community. We have actively been searching for a house or a lot to build on within close distance to downtown. I often drive through older parts of Iowa City and think what a shame it is that they weren't protected before developers and others came along and forever damaged the historical charm of some neighborhoods. The character of the buildings on Jefferson is great and adds to the overall aesthetic of the older parts of Iowa City where I grew up and where my daughter will likely go to school. Please act now to protect the future of this wonderful aspect of Iowa City. Thank you for the work that you do. Sincerely, Quenby Murphy 708 Whiting Ave. Iowa City 1 Marian Karr From: Niki Neems <niki @rsvp - asap.com> Sent: Wednesday, December 12, 2012 10:41 AM To: Council Subject: Jefferson Street Historic District Hello All, As a business owner in the Northside Neighborhood, I am writing in support of designating the four block area of Jefferson Street already listed on the National Historic Registry, *local* designation as an historic district. Thanks for all you do for our community, nn niki neems, owner r.s.v.p. 140 north linn street Iowa city, iowa 52245 319.337.4400p 319.337.4440f www.rsvp - asap.com Marian Karr From: Neumann, Josie R <Josie. Neuman n @Pearson.com> Sent: Wednesday, December 12, 2012 11:06 AM To: Council Subject: Jefferson Street local historic district Hello, Please consider two issues I would like addressed by the fine members of the City Council: The four blocks of Jefferson Street in question for the vote of local historic designation should be approved. This area could be the linchpin of the residential northeast side. The variety of buildings already in the area provide for housing, businesses, and places of worship, which I think serves our community in a positive way. Its current state, though perhaps in need of a spruce, emotes a feeling of neighborhood and community. People walking from police station to grocery store to hospital feel safe in this environment. The smaller stature of the buildings, originally built as housing, now in use as commercial space (G Spot Hair Design) or multi- tenant homes, provide a more attentive eye to street and sidewalk traffic. I believe that in the event a building incongruent to the design of the neighborhood was approved for construction, we might see a dangerous shift in the safety of the area. Tenants of a large apartment building (such as the Writer's Square apartments on Linn Street) could not possibly be expected to notice events outside the building. Also, this street is an active bike route, and I worry that a tall building (even mixed use) might encourage the occasional throwing of debris from a balcony, which could be devastating to the green biking culture I know Iowa City hopes to foster. Please carefully consider the consequences that could arise from NOT designating this an historical district. Though many points of the Blue Zone Project speak to cultivating a general sense of wellness in our community I take issue with the fact that this project is being encouraged by our own city (and state) government. This project emphasizes the importance of drinking responsibly, which is on its face, an admirable goal. Except that the statement does not address those who have chosen not to drink at all, due to their family history, medical situations, or their faith. Which leads me to the next point: the emphasis on a faith -based community. Their point number 8 does not mention those who choose atheism at all. My faith is personal to me, and in this country, thankfully, not dictated by anyone. I would never tell another member of my community that he or she "needed" to believe in the same religion to which I ascribe. I find it most shocking that our own government is telling its constituents that they need to belong to a religion. Please explain how that adheres to the separation of church and state. I could understand this happening in Central City, or Caroll, but this is Iowa City, a UNESCO City of World Literature, and a bastion for acceptance of all different cultures and ideas. The Blue Zone Project does not reflect the cultural sensitivity I have come to expect from our town. Please reconsider your endorsement of this tasteless initiative. Thank you for your time, Josie Neumann 3osie Neumann Proposal Writer Proposal Services, Pearson D: (319) 339 -6400 x. 216268 E: iosie.neumann(a)Dearson.com Pearson Always Learning Learn more at www.pearsonassessments.com Marian Karr From: James Ponto <japonto@g mail. com> Sent: Wednesday, December 12, 2012 2:32 PM To: Council Subject: Jefferson Street Historic District Dear City Councilors, I am writing to urge each of you to support the proposed Jefferson Street Historic District. This district is extremely important to Iowa City history. It is a character - defining portion of Iowa City that appeals to visitors, newcomers, and long -term residents. As such, it is valuable to the entire community and should be preserved through recogntion as a local Historic District. Thank you. Jim Ponto 618 Brown St. Iowa City Marian Karr From: c spons <csspons @yahoo.com> Sent: Monday, December 10, 2012 11:07 AM To: Council Subject: Jefferson Street local historic district Dear City Council Member, We write to support a vote of "Yes" to designate four blocks of Jefferson Street a local historic district. This stretch of Jefferson Street is already a national district on the National Register of Historic District. The next logical step is a local designation, which would provide protection by requiring application to the Iowa City Historic Preservation Commission for demolition or exterior changes. As you know, the commission is made up of local citizens, its purpose is to safeguard historical buildings and neighborhoods, and it has a long and successful track - record of working with property owners to accommodate their needs. Local historic districts have been strongly beneficial in other parts of Iowa City, including in the Northside neighborhood adjacent to Jefferson Street. A local historic district makes excellent sense for Jefferson Street and will help support local businesses in older buildings close to downtown while also stabilizing surrounding neighborhoods. The Jefferson Street district is one of the oldest and most historic areas of the city, first appearing on the 1839 town plat. It remains vibrant and diverse today, with a mix of commercial, educational, religious, and residential buildings, and it is highly visible to locals and visitors. An affirmative vote by City Council would join the unanimous opinions of the Historic Preservation and Planning & Zoning in approving local designation and protecting an exceptionally important historic area of the city. Sincerely yours, Jeff Porter & Claire Sponsler 413 N. Gilbert St. Marian Karr From: Susan Prepejchal <s.prepejchal @mchsi.com> Sent: Wednesday, December 12, 2012 1:01 PM To: Council Subject: Jefferson St. Local Historical District Dear Council Members: Please vote to designate the 4 blocks of Jefferson Street under consideration a Local Historical District. Iowa City has already lost so many of its historical buildings, a loss many of us regret now, a loss which future generations will also come to regret. We can't afford to lose any more of our unique, historical character. Susan Prepejchal 3223 Shamrock Dr. Iowa City Marian Karr From: nancyromalov @gmail.com Sent: Wednesday, December 12, 2012 10:58 AM To: Council Subject: Jefferson street historical designation I am writing to urge the council to Vote FOR designating the four blocks of Jefferson street for historical preservation. Given the ever changing landscape of our city, this is of great urgency. Thank you. Nancy Romalov Marian Karr From: bschelar @mchsi.com Sent: Tuesday, December 11, 2012 4:58 PM To: Council Subject: Jefferson St. Preservation District As a 40 year resident of Iowa City, I hope you will all vote to protect the Jefferson Street area which is such an historic and beautiful part of our city. Once it is gone we can never get it back! It deserves protection. Barbara Schelar 3010 Sweet Briar Ave. Iowa City. Marian Karr From: Charles Scott <charles @scottphotographic.com> Sent: Tuesday, December 11, 2012 1:49 PM To: Council Subject: Please vote to APPROVE four blocks of Jefferson Street a local historic district. Hello Councilors, Please vote to APPROVE the area on Jefferson Street to be designated a local historic district. These buildings need to have maximum protection if they are to be preserved for future generations. We have already lost too many historical wooden structures in Iowa City. Their presence adds to the warm "sense of place" that you feel when walking in this neighborhood. This feeling is not generated by walking by Clark Apartments or chrome /glass hi -rise luxury apartments. Thank you. Sincerely, Charles Scott 834 Clark Street Iowa City, Iowa 52240 Charles Scott charleskscottphotographic.com Marian Karr From: Smith, Beth G <beth- smith @uiowa.edu> Sent: Wednesday, December 12, 2012 8:29 AM To: Council Subject: historic district Dear Council Members: Jefferson Street from Clinton to Van Buren is a treasure of historic buildings, vital to the unique character of Iowa City. Please designate this special area as a historic district to preserve the fine architectural nature of this area. THANKS SO MUCH! Beth Smith 314 Brown Street Iowa City Marian Karr From: mark smith <thebodysmith @mchsi.com> Sent: Wednesday, December 12, 2012 3:55 PM To: Council Subject: jefferson st. historic district The North side seems to be healthier and better looking every week. The beautiful houses on Jefferson is no small part of that. Please protect them. Thank you, Mark Smith 314 Brown St. Marian Karr From: Spielbauer, Diane L <diane- spielbauer @uiowa.edu> Sent: Wednesday, December 12, 2012 1:37 PM To: Council Subject: Jefferson St Dear IC Council members, I would like to voice my support for designating Jefferson Street from Clinton to Van Buren a local historic district. The properties included are essential to maintaining Iowa City's diverse and beautiful urban landscape. Considering the historical and aesthetic quality of the buildings, along with their proximity to downtown, campus and the Northside Marketplace, I think it is important to preserve the area for the good of Iowa City and her citizens. Please vote YES to the historic district designation! Thank you, Diane Spie%baucr diane- spielbauerAuiowa.edu Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. Marian Karr From: Charles Stanier <charles. stan ier@g mail. com > Sent: Wednesday, December 12, 2012 11:13 AM To: Council Subject: historic district designation As a resident of the north side (specifically, in the Brown St. historic district), I strongly support designation of the creation of the Jefferson Street historic district. The historic districts of the Northside are part of what made me and my family feel excited to move to Iowa City -- and they are part of what brings my relatives coming back for visits (from the East coast) -- so that they can get that small town feeling during morning walks, with interesting buildings to look, mixed land use and building types, and stops at coffee shops and bookstores. The historic preservation restrictions have not been a problem for me in updating and renovating my property. We have gone through historic preservation commission when needed, and that has gone fine. So please preserve the best parts of the unique historic northside -- otherwise I fear we will end up with a monotony of multistory student apartment buildings -- and the uniqueness of the Northside will slip into the past. Charles (Charlie) Stanier personal email: charles.stanier @gmail.com professional email: charles- stanier @uiowa.edu Marian Karr From: Stewart, Garrett <garrett- stewart @uiowa.edu> Sent: Wednesday, December 12, 2012 1:37 PM To: Council Cc: Durovicova, Natasa Subject: Jefferson Street Historic District To Members of the City Council, As an endowed chair at the University of Iowa since 1993 who has been retained in the face of several outside offers on both coasts, I know what keeps one drawn back to Iowa City. One of the main reasons my wife and I have decided to stay and raise our two children here (in the Longfellow distract) has been the pride of place, and the historical consciousness, evinced by our citizenry and its elected representatives. Every time the guard has been letdown, under whatever pressures, the results have been a setback to the quality of life in our city. We live in an historical home on Summit Street, and for all the occasional inconveniences of meeting architectural standards in repairs and renovation, we know first -hand how important this is to the preservation of the neighborhood, both its history and present integrity. Not to protect in the same way the Jefferson area under debate at next week's meeting would be nothing short of disastrous. We cannot make the meeting because of a large neighborhood and faculty party we are hosting that evening, but we will be there in spirit, and this note is meant to add our voices to the chorus of committed local residents who are confident you will see your way clear to the super majority necessary to protect what is not just invaluable —but irreplaceable —in our local landscape. Thanks in advance. Your vote is for the good of everyone concerned. Sincerely, Garrett Stewart / Natasa Durovicova 419 S. Summit Street Marian Karr From: The Haunted Bookshop <nialle @thehauntedbookshop.com> Sent: Wednesday, December 12, 2012 1:10 PM To: Council Subject: The Jefferson Street historic district Dear council members, The historical assets in terms of architecture - visual art - and long -term, well - performed maintenance in the proposed Jefferson historic preservation district, as well as the diversity of historic periods represented in the district, make the area both desirable and feasible to maintain as an Iowa City landmark and attraction. The City itself has invested considerable money in the Northside business area just north of the district, and the University has invested substantial funds in restoring the old Isolation Hospital just south of it. It is to be hoped that Seashore Hall might receive equally conscientious attention from the University and that the valuable assets represented by the properties included in terms of business - the University Guest Houses - and community - churches and other meeting places - might be maintained for the enjoyment of the City, its future citizens, and the classy publicity shots easily afforded by the truly striking appearance of the neighborhood. Furthermore, as we learned from citizens' expressions of concern over the Washington Street project at the beginning of the year, there is substantial interest in the Iowa City area in repurposing, respectfully, historic buildings for commercial and low- turnover residential use, particularly live -work arrangements for small business owners looking to own real estate, make the purchase more affordable by living on premises, and be actively invested and involved in the historical context and beauty of our city. Various buildings in the proposed district could become opportunities for such businesses to take root, adding character, jobs, and tax dollars to our city. Sometimes development of blighted properties is the right answer to needs for commercial, office, and living space. Sometimes, keeping what we have, preserving existing assets, enabling those with historical properties to access grant and insurance funding to maintain their properties, and retaining a still vital and potentially quite economically viable type of neighborhood in our city is the best choice. I ask that you vote in favor of the historic designation for this beautiful, central, beloved part of Iowa City. Nialle Sylvan 1722 Morningside Drive Iowa City, IA 52245 owner of The Haunted Bookshop 203 N Linn Street Iowa City, IA 52245 (319) 337 -2996 nialle _thehauntedbookshop.com Marian Karr From: Wiegand, Michelle L S <michelle- wegand @uiowa.edu> Sent: Tuesday, December 11, 2012 10:42 AM To: Council Subject: Jefferson Street Dear Iowa City Council Members: I am writing to support the designation of four blocks of Jefferson Street as a local historic district. As a former owner of homes on South Dodge and Bowery Streets in Iowa City, I have seen witnessed first -hand how neighborhoods deteriorate when proper attention isn't given to preserving historic and single - family homes to maintain stability within neighborhoods. The Northside Marketplace and neighboring areas are developing into a wonderful areas for shops and restaurants and has greatly enhanced Iowa City. The beauty of several of the older homes on Jefferson Street certainly adds to that appeal. I hope you will vote in favor of this designation. Sincerely, Michelle L. Wiegand Michelle L. Wiegand Managing Editor Legislative Studies Quarterly 328 Schaeffer Hall The Univesity of Iowa Iowa City, Iowa 52242 -1409 Phone: 319- 335 -2361 Fax: 319- 335 -3211 PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA . We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths .of all the members of the council, all-in accordance with 414.5 of the Code of Iowa. By: B y -aT LL(- Owner(s) Of Property Addrpss s = }' STATE OF IOWA ) ss: „� JOHNSON COYNTY) cn On this 2) day of Qce �� , 20 , before me, the undersigned, falloT Public ixi and for said County and State, personally appeared all C1a� �G and Q -T to me Down to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. No ublic in and for the tate of Iowa Orig: Subd Folder = No�.76474s Cc: CA * PCD Council Media File CITY OF IOWA CITY PROTEST OF REZONING TO HONORABLE MAYOR AND CTry COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners Of Property included in the proposed-zoning, . Change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest: the rezoning of the following property, tome kz o to be a identical persons named m and who executed the within and foregoing instrument and acimowledged that they executed the same as their voluntary 5 act and deed. No Pnlilic in and for the State of Iowa AMANDA SCOTT prig.. Subd Folder Commission No. 764743 Cc: CA spy i fires 'PCD Council Media File FA ac 3 PROTEST OF REZONING c o IOWA C177 TO: HONORABLE MAYOR. AND CITY COUNCIL AMANDA SCOTT Orig; Subd Folder Commission No. 764745 Cc: CA .• MY <C mi yon Tres i'CD Council Media File I rROTEST OF REZONING crn of rows crrr To. HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned) being the owners of property included in the proposed zoning change, or the owners of property which is located' within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: X7 v R v,n tms iiPrennAlu nnne�. �A,Njo -... them and :Owbli in t to me Wn 6 be th't foregoing instrument ; ctand deed- Or!&-, Subd Folder Cc-. CA PCD Council Media File 4 PROTEST OF REZONING CrrrOF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is 16. cated within two hundred felt of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property; ` �% r S� s AMANDA SCOTT. Orig: Subd Folder Commission No. 764743 CA My Co i ion res PCD Gouuci Media File m PROTEST 'OF REZONING crTr Of IOWA crrr iitz PROTEST OF REZONING CITY of IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA, We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning.change is proposed, do hereby protest the rezoning of the following property: (Tr r_rj5RS0N stKF_CT 44(S.t6Ric i TKi� This petition is signed and acknowledged•byeach of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths .of all the members of the council, all in accordance with 414.5 of the Code of Iowa. Owner(s) STATE OF IOWA ) ) ss: JOHNSON COUNTY On this 2 .0 day of A ) o i / L� /� � �' '� � 20 12 � before me, the undersigned, a N Public in and for said County and State, personally appeared c- %/J o /? a Fl, and to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for a State of Iowa U1UNSpq.,,��� ��o•��,�Q Q• .. 4 sioN Acy.1i *: APR SO-A'.S 2015 w:p Orig: S Folder ���,, - , /ON Cubd Cc: CA AL��,S,����� Council Media File Notary Public in and for a State of Iowa PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA. We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior . boundaries of the property for which the zoning.chatige is proposed, do hereby protest the rezoning of the following property: Sr- iF)::i5RS0K V tKFCT -�'ISfaRiC �iSTtZlc' This petition is signed and acknowledged-by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths ,of all the members of the council, all in accordance with 414:5 of the Code of Iowa. Owner(s) Of Property Address =-.a STATE OF IOWA ) - ss: JOHNSON COUNTY) 2 ; 20 J 2 before ma the On this _ day of /L)o 11� %r� 1 d: a Notary Public in and for said County and State, personally appeared N and to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for a State of Iowa °��Q 4AUNSp lzz,'. moo• AQ•r�o���'ssioN A *; APR. N 0•, 2015 :Ss(oN1%0. ION orig: Subd Folder FA SS�� �N Cc: CA �i� PCD Council Media File Notary Public in and for a State of Iowa PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA. We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning.change is proposed, do hereby protest the rezoning of the following property: T 4,41 +6 R i C� This petition is signed and acknowledged' by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths ,of all the members of the council, all in accordance with 414:5 of the Code of Iowa. By: By: Owners) 03 .e.�2��'e�'�rnsf Of Property Address .1, C�:D ' N cQ�OYadr) STATE OF iOWA 2cr�v RX ss: JOHNS-ON COUNTY)'r On this-23—day of { ��� � � ; 20�- before me : t1 e'unaersigned, a Notary Public in and for said. County and State, personally appeared Y and _24 (mot ^.La Y� mt 1'Y � �4 f " - to me known tb be the identical persoriO named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. NICOLE NACCARATO ' NOTARY PUBLIC STATE OF COLORADO Notary Public in and for the State of Iew&- NOTARY ID 20074017960 MY COMMISSION EXPIRES MAY 07, 2015 k' Orig(Subd Folder Cc: CA PCD Council Media File PROTEST OF REZONING clrr of cowA cIrr TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA. We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior . boundaries of the property for which the zoning.change is proposed, do hereby protest the rezoning of the following property: c r_r_,5R9G 1( S- Vf_= T -�'( ;ORiC This petition is signed and acknowledged-by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths ,of all the members of the council, all in accordance with 414:5 of the Code of Iowa. By; Owner(s) �1O1'z�b STATE OF IAA ) ss: JOHNSS011-COUNTY) ate- J r -_ i On this a.'4, day of . 20� before me, the undersi -ned, a Notary Public in and for said County and State, persona y a peared and l�VJI r i to me kno o b�ideinitica ersons named in and who executed the within d foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. NICOLE NACCARATO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074017960 MY COMMISSION EXPIRES MAY 01, 2015 Orig: Subd Folder Cc: CA PCD Council Media File Notary Public in and for the State ofIlms x PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA. We, the undersigned, being the owners of property inIqluded in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior . boundaries of the property for which the zoning.change is proposed, do hereby protest the rezoning of the following property: 7� ��� s0►v ��'t �eT 44'IS'tbR�:c 1 �-�I � This petition is signed and acknowledged-by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths ,of all the members of the council, all in accordance with 414:5 of the Code of Iowa. By.t y f Owner(s) ro10rojz STATE OF IOWA ) ) ss: JOHNSON COUNTY) a .Owa --.6 U Of Property Addre _ .J On this day of tNflQ "W ; 20j 2 before me, the undersigned, a Notary Public in and for said County and State ersonally appeared and 6, to me knowi0to be the identic ersons named in and who executed the within andJ foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. NICOLE NACCARATO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20074017960 MY COMMISSION EXPIRES MAY 07,20`15 Orig: Subd Folder Cc: CA PCD Council Media File Notary Public in and for the State of- �pt��Gib •t PROTEST OF REZONING crrr of rowA crrr TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA. We, the undersigned, being the owners of property ingluded in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior . boundaries of the property for which the zoning.change is proposed, do hereby protest the rezoning of the following property: This petition is signed and acknowledged -by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths ,of all the members of the council, all in accordance with 414:5 of the Code of Iowa. By: By: �-- Owner(s) Of Property Address w�y RyONDA N STARLING STATE OF IOWA ) j a�onN ber765137 a� ss: +_ c MY O JOHNSON COUNTY) On this 11,LkL day of N�/ef'�CY' 20_LZ, before me, the undersigned, a Notary Public in and forsa�d County and State, personally appeared Ut n ee-fiS and to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. N tary Public in and Vfothe State of owa jf Orig: Subd Folder Cc: CA PCD Council Media File PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA. ` We, the undersigned, being the owners of property ingluded in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior . boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: This petition is signed and acknowledged-by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths ,of all the members of the council, all in accordance with 414:5 of the Code of Iowa. LIM y: Of Property Address er(s) -�: r 23 STATE OF IOWA ) 4 ss.x. JOHNSON COUNTY) - :- On this l Wl- day of QL, - ej' ; 20 i�- before men the undersigned, a Notary Public in and for said County and State, personally appeared t -i and to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. orb JANE COPPERNOLL Commission Number 16112-1,; My mmi ion Expires } U _...: orig: Subd Folder Cc: CA PCD Council Media File No Public in for the State of Iowa PROTEST OF REZONMG CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA. We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior . boundaries of the property for which the zoning. change is proposed, do hereby protest the rezoning of the following property: �EF �R Sate S"TRMET 4+is%0V�:t0. _D i sb6ct This petition is signed and acknowledged -by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths ,of all the members of the council, all in accordance with 414:5 of the Code of Iowa. 13y. C, B Owners) Of Pro erty Addr. OS.--- . ,a STATE OF IOWA ss. 111 rf') ✓h JOHNSON COUNTY) = "' ;,,��Q 20 11� before me` "tlie unel�rsigned, On this �� day of a�� allotftc. nd for said County �andd State, personally appeared ^ , k-L � �c and \,l`l►� \�a aC� to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Q;ot in and for the State of Iowa Orig: Subd Folder aP s� LINDA K CARLSON CC: CA o y Commission Number 739447 PCD * . y Commission Expires �OWP Council Media File PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA. We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior . boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: JEFFr=RsoN EVVET 4+iSi0%: , --D15tKtCt This petition is signed and acknowledged- by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths ,of all the members of the council, all in accordance with 414:5 of the Code of Iowa. d1 !In 6 7 r,4` lv;cun Owner(s) Of Pro erty AdOess STATE OF IOWA ) ss: JOHNSON COUNTY) On this day of ��A mh> > 24 1 2 - before me, -the undersigned, Ntary Pub ' m and for said Count and State, personally appeed au c��1QaL' and \N i�l� a m to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa Orig: Subd Folder Cc: CA PCD Council Media File �P�i1A� S� LINDA K CARLSON p y Commis ion Number 739447 y Co mission Expires ,owP a a � PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA. We, the undersigned, being the owners of property ingluded in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior . boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: JEFF .RSWV This petition is signed and acknowledged. by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths ,of all the members of the council, all in accordance with 414:5 of the Code of Iowa. By: Owner(s) Of Property Address STATE OF IOWA ) �� ss: JOHNSON COUNTY) On this day of�� 20 ore me; &6 undersigned, a Notary Public i and for said County and State, personally appeared and tome known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary ublic in and for the State of Iowa Orig: Subd Folder OAt s� - 1HD.1 CARLSS N glum Cc: CA 0 ar ?3Sd 17 3 Commission PCD ,dymiss I. _ fires Council Media File IVn- — PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths ,of all the members of the council, all in accordance with 414:5 of the Code of Iowa. Lo Owners) Of Property Address CD STATE OF IOWA ss: JOHNSON COUNTY) On this Y"**- day of Ocft-y O f- te, , 20 L Z , before me, the'ui n -r signed a Notary Public in and for said County and State, personally appeared' '4L A 00b 9-6 A 13L,6- �,.C'�S and to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. V 0 Ka M1 K Orig: Subd Folder Cc: CA PCD Council Media File CC Notary Public in and for the S ate of Iowa SL4-, October 8, 2012 IOWA DISTRICT EAST THE LUTHERAN CHURCH -- MISSOURI SYNOD Dear Members of the Historic Preservation Commission in Iowa City: 1100 Blairs Ferry Rd Marion IA 52302 -3093 319.373.2112 We received your letter concerning the property at 404 E. Jefferson Street and the desire to list this property in an OHP zone. The information you sent to us is very helpful and assisted us greatly in our discussions over this matter. The St. Paul Lutheran Chapel congregation meets at this property. The building is owned by the 121 congregations of The Iowa District East of The Lutheran Church -- Missouri Synod. Our district headquarters are located in Marion, Iowa. St. Paul Lutheran Chapel has served the University of Iowa students and the foreign mission field with the Word of God and His Blessed Sacraments for 86 years. It is a ministry we value with great interest and support. Our concern over the property becoming part of an OHP zone is founded on the potential financial obligations due to repairs of the property. While we respect the historic nature of that part of Iowa City and appreciate its scenic value, we do not support this request for an OHP zone. It is. stated in, your information that 97.5% of applications are granted as proposed; we do ..not want to find ourselves in the 2.5% and experience higher cost of repairs /replacements due to historic retention. We believe our ministry there is far more valuable than esthetics and would not want to see our work prohibited for lack of funds because of increased cost due to the OHP zone. We thank you for the opportunity to express our objection to the proposal and pray that you give our concerns due consideration. We ask the Lord of the Church to bless you in this deliberation even as He has blessed us with His Sacrifice in time and eternity. For in and through Him we have mansions that surpass historic and scenic value of our brick and mortar today. God be with you Rev. Dr. Brian S. Saunders��� President of Iowa District East of - =° The Lutheran Church-- Missouri_,.Synod Its BSS:rIm _ N Enc. PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: .SaayS =aq10 This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three - fourths .of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: L � t` t Owner(s) Of Propert d ess STATE OF IOWA ss: JOHNSON COUNTY)' On this _ day of , 20, before me, the undersigned, a Notary Public in and for said County and State, personally appeared and to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. .•• t+� PAMEI.A &.Kpp�, X33561 Commissign NLnoer MY COMMISSION EXP S Orig: Subd Folder Cc: CA PCD Council Media File �1 R66'tary Public in and forth S e of Iowa PROTEST OF REZONING CITY OF IOWA CITY TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three- fourths ,of all the members of the council, all in accordance with 414.5 of the Code of Iowa. By: LIM Owner(s) N. Vad^ �u Of Property Address CD m" t --4 a, STATE OF IOWA ) _ C) ss: JOHNSON COUNTS On this day of DLA J 1C1 L , 201 ,before me, the un riigned, a N tar ublicand for said County and State, personally appeared and to me knownjto be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and Orig: Subd Folder Cc: CA PCD Council Media File October 4, 2012 Iowa City Historical Preservation Commission 410 E. Washington St. Iowa City, Iowa 52244 Attention: Commissioners I would like my property at 21 & 25 N. Van Buren St. to be excluded from the proposed Jefferson Street Historical District. As a single family dwelling, I do not believe it to be in the best interest of my property now or in the future. I am opposed to more restrictions placed on my property and feel that being in the first block away from downtown/university it is in a transitional area (the city planner also agree that there should be a transitional zone from downtown/University to residential area) and is primarily made up of rental properties, B & B's and businesses. This action would put an undo burden on them and myself The area is question is not like the Northside historical district, which is two blocks away from downtown and primarily residential NOT businesses and rentals. I am strongly opposed in general to the establishment of the local proposed Jefferson Street historical District. Thank you. Sincerely, Andy Small 25 N. Van Buren St. Iowa City, Iowa 52245 cotoc, I,( CA feb Ra {� t V v a. From: Christina Welu- Reynolds <chriswelu @gmail.com> Sent: Wednesday, November 14, 2012 11:12 AM To: PlanningZoningPublic Subject: Jefferson Street Historic District Dear City of Iowa City's Planning and Zoning Commision, I am writing to ask you to support the proposed Jefferson Street Historical District which was unanimously voted in favor of by the Historic Preservation Commision. It is time for Iowa City to take serious proactive steps to stabilizing neighborhoods and preserving its history. Part of what makes Iowa City unique is the heritage of the city. Our older central district neighborhoods are dwindling due to development and fear of college housing taking over. People ask themselves why invest in an older home when the house next door to me could be "restored" in a way that is not at all in keeping with the essence of an older neighborhood? Worse yet, why invest in an older home when a block or two away old homes are being torn down to accommodate another apartment building catering to unsupervised short-term college rentals? Further significant loss is felt by more and more long -term renters and residents moving out to avoid the inevitable. One only needs to look at South Johnson Street, parts of South Lucas Street, and North/South Dodge Street to see the domino effect. Owning a home, a rental property and/or apartment complex comes with responsibility. Part of that responsibility is to respect what is there (do no harm), not fundamentally drain a neighborhood of its stability and historical significance. Once it is gone it is gone for good. When people come in to Iowa City from out of town they often drive through our historical neighborhoods to see the architectural diversity and to get a feel for the history of the city. I doubt they take a scenic route through areas where homes have been torn down to make way for the typical apartment complex or to see the deterioration of neighborhoods where old homes are left with the bare minimum maintenance and little, if any, improvements done with the character of the house in mind. Approving the Jefferson Street Historical District protects what can not be replaced and it helps to keep the character of some of Iowa City's oldest neighborhoods. Thank you for your consideration. Sincerely, Christina Welu- Reynolds Northside Resident ►r From: bschelar @mchsi.com Sent: Monday, November 12, 2012 9:53 PM To: PlanningZoningPublic Subject: Jefferson Street local historic district Thank you for working to preserve the character of our near downtown neighborhoods. This is a great idea and your work is much appreciated. Barbara Schelar From: T Rosenberger <t.rosenberger @mchsi.com> Sent: Wednesday, November 14, 2012 11:41 AM To: PlanningZoning Public Subject: Jefferson Street Local Historic District Dear members of Iowa City Planning and Zoning Commission: Friends of Historic Preservation is very concerned about the loss of historic buildings that has occurred recently in Iowa City. We are further concerned that this process may progress to the point that the city will lose more of its wonderful architectural heritage. By designating the area of Jefferson that you will be discussing on Nov, 15 as a Local Historic District, some very important elements of Iowa City history will be saved, and the character of the area will remain intact We very strongly urge you to recommend to City Council that this area be designated as a Local Historic District. Thank you, Tom Rosenberger, President Iowa City Friends of Historic Preservation From: Cecile Kuenzli <ceci le. kuenzli @g mail. com> Sent: Wednesday, November 14, 2012 3:43 PM To: PlanningZoningPublic Subject: Jefferson St. Historic District Dear P & Z Commission Members, I am writing to urge you to vote your support for the Jefferson St. Historic District. This area of our city is absolutely unique as significant piece of Iowa City's architectural heritage. Due to the nearby presence of the historic homes in that area, several years ago, the University of Iowa decided to preserve and restore its yellow brick building now called Stuit Hall rather than to demolish it. In light of their decision and subsequent restoration, it would be a cruel irony for the city not to preserve that district now. Sincerely, Cecile Kuenzli Board member of Friends of Historic Preservation From: SandrEskin <sandreskin @aol.com> Sent: Thursday, November 15, 2012 3:03 PM To: PlanningZoningPublic Subject: Proposal for Jefferson Street HD Dear commission - I fully support the designation of Jefferson Street area to become a Local Historic District. This area has already been recognized as a national district but need local sanctions to maintain the buildings for future generations to enjoy. Far too much of Iowa City architecture has fallen. The character of the whole community is at stake. Please recognize this important Historic District. Thanks. Sandie Eskin, resident and property owner in Woodlawn Historic District From: Baldridge, Thomas H <thomas - baldridge @uiowa.edu> Sent: Thursday, November 15, 2012 2:27 PM To: PlanningZoningPublic Subject: P &Z Com Hearing on Jeff St Local Hist. District From: Baldridge, Thomas H [mailto:thomas- baldridge @uiowa.edu] Sent: Thursday, November 15, 2012 11:31 AM To: PlanningZoningPublic Subject: P &Z Com Hearing on Jeff St Local Hist. District Subject: P &Z Com Hearling on Jeff St Local Hist. District I am a member of the City's Historic Preservation Commission and I strongly favor this designation because of the significant variety of 19th c. architecture in this tightly -built neighborhood. The proposal also includes significant University buildings (Stuit Hall, the former Influenza Clinic) and the original Biology Bldg plus the historic Park Hotel built to house members of the early State Legislature. I know there are objections from a few residents /property owners, but as I recall, their rationales did not persuade me as being of sufficient validity. I regret that a previous obligation prevents me from attending. Tom Baldridge October 26, 2012 Department of Planning and Community Development Attn: Robert Miklo 410 E Washington St. Iowa City, IA 52240 -1826 Bob — As property owner of 409 - 411 -413 E Jefferson Street, I oppose adding the Jefferson Street area to the Historical District. I feel that the City should be exploring options to connect downtown and the north side businesses as a contiguous district. Making the Jefferson Street area a historical district is not the best way to see to it that this area moves forward. Sincerely, J Roffman From: Ralph Ramer <ralphramer @yahoo.com> Sent: Monday, December 10, 2012 11:50 AM To: Bob Miklo Subject: Historic district My brother and I own a historic house at 117 N. VanBuren St. and we support the new historic district to maintain the atmosphere of the Northside neighborhood. Z 0 0 Z_ 0 0 J m 0 N �1 d 1S Nl2l 427 N 421 h V O O O M cn O M �- L N ry M V O N N 1S NNI� N 528 h � N N N N N N N N 6 {z S{Z N N 60Z SOZ h N ~o 09Z a w w N 0 0 + 408 N N 528 O � J�q O O N N o N h M h N O z N 415 0 0 + 408 N N 0 O IN a W O tNy L. O �T\lI-1 J D N � 1213MIO T 306 302 528 O � J�q O O o o N h M h N h z N 415 0 0 + 408 N O IN a W L. O L. J D N � 1213MIO T 306 302 1S NOl 528 O � � N 0 o o N h M � N 1S NOl 528 h � M 0 N N N h eo] y N h 425 N 415 413 0 + 408 N O a O N N N 1S NOl 4.- O M M O M L J Q Q o � h 3nbnena 528 h � o O 0 N M V N h eo] y N 425 N 415 413 0 + 408 N 4.- O M M O M L J Q Q o � h 3nbnena i d C N � U m W A � y C J N O m cc CL l0 N O j `O C p N n c (7 L n '3 U O U M N v 0 Z, v '�O O C � O = L C U U p = C N 0 t C L_ N 3 O N N `m m L L U U 3 3 m � N MP V V N J N N O NN O O o c0 a a O O a no d d c'i a au A N C r N r 0 0� d 11 0 L N 0 O M O i d C N � U m W A � y C J N O m cc CL l0 N O j `O C p N n c (7 L n '3 U O U M N v 0 Z, v '�O O C � O = L C U U p = C N 0 t C L_ N 3 O N N `m m L L U U 3 3 m � N MP V V N J N N O NN O O o c0 a a O O a no d d c'i a au A N C r N r 0 0� d 11 0 L -01 r : I CITY OF IOWA CITY MEMORANDUM Date: October 5, 2012 To: Historic Preservation Commission From: Robert Miklo, Senior Planner Re: Jefferson Street Historic District The Comprehensive Plan encourages the identification and preservation of properties and neighborhoods that are significant to Iowa City's architecture and culture. The enclosed National Register of Historic Places Registration Form contains details regarding the local and national significance of Jefferson Street. The district was listed in the National Register of Historic Places on September 29, 2004. The Historic Preservation element of the Comprehensive Plan as well as the Central District Plan, encourage the designation of the Jefferson Street Historic District as a local historic district through a Historic District Overlay Zone. The City's Strategic Plan contains the goal of stabilizing neighborhoods surrounding the city core. These include the Northside Neighborhood which begins at Jefferson Street and the College Green Neighborhood which includes Jefferson Street east of Gilbert Street. The first step in establishing a local historic district is a public hearing before the Historic Preservation Commission. That hearing has been scheduled for October 11 at 6:30 p.m. Following the hearing the Commission will consider a motion recommending approval of the proposed district. If the Commission decides to approve the district, then an application for a rezoning to establish a Historic District Overlay Zone will be forwarded to the Planning and Zoning Commission. The Planning and Zoning Commission will review the proposal for compliance with the Comprehensive Plan and make a recommendation to the City Council. The Council will then hold a public hearing and consider the recommendations of the Historic Preservation Commission and the Planning and Zoning Commission before deciding whether to establish a Historic District Overlay Zone. A copy of the attached letter, which announces the public hearing, was mailed to all owners of properties within the Jefferson Street Historic District on October 1. Enclosures: 1. National Register of Historic Places Registration Form 2. Letter and attachments sent to property owners NPS Form 10 -900 (Oct. 1990) United States Department of the Interior National Park Service National Register of Historic Places Registration Form OMB No. 10024 -0018 This loom x bl uw xl nomvWNip m requesWtg dmolmnovuns im mdmdaal pmpeiv. and dmtmts. See iowuWgns m 11-to Compel. It. N06onw RapV-1 Hwm. y+lne¢s RegavMMl ronll (Nabonal Rognla Buleln 16A). Cwnp om each gem by mwleng'Y n the oppmpnate box 01 by entering the mlolmndon mquested. 0 an gem dous not npi y to the pwpally being decumenlod, onlel'WA" Io1'nw+ppw.bta' re, Nne4ons. el hewomi clsssiRcntion, molnrids end areas of apnificanca, enter nny calegoiiox and whl:ale6ones Iron tM mslnK'vons Pl- addeonal mid. and nellnb a ilenn on co b-obpn sheet. (NPS Fwnt 10 8004). Use a Iypoemlel, —d 1rpce>4w. w coupulw, to complete at hums. 1. Name of Property historic name Jefferson Street Historic District other names /site number 2. Location street & number Portions of 100 -400 Blocks of East Jefferson Street N/A [_] not for publication city or town Iowa City N/A Ll vicinity state Iowa code IA county Johnson code 111 zip code 52242 As the designated authority under the National Historic Preservation Act, as amended, I hereby certify that this Lxx ] nomination (j request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 cFR Part 60. In my opinion, the property W meets L] does not meet the National Register criteria. I recommend that this property be considered significant L] nationally Li statewide Lx I locally. (L] see continuation sheet for additional comments). nature State or Federal agency Date In my opinion, the property L] meets L] does not meet the National Register criteria. (U See continuation sheet for additional comments.) Signature of certifying official/Title Date State or Federal agency and bureau certify that the property is: entered In the National Register. U See continuation sheet. L] determined eligible for the National Register. L] See continuation sheet. Lj determined not eligible for the National Register. L] removed from the National Register. L] other, (explain:) Signature of the Jefferson Street Historic District Name of Property Ownership of Property Category of Property (Check as many boxes as apply) (Check only one box) [X] private L] building(s) [_] public -local LX.] district L] public -State L] site [_] public - Federal L] structure U object Johnson Coin, IA County and State Number of Resources within Property (Do not include previously listed resources in the count.) Contributing Noncontributing 36 3 buildings sites structures objects 36 3 Total Name of related multiple property listing Number of contributing resources previously listed Enter "N /A" if property is not part of a multiple property listing.) In the National Register Architectural and Historical Resources of Original Town Plat Neighborhood (Phase 11). 1645 — 1945 5 6. Function or Use Historic Functions Current Functions (Enter categories from instructions) (Enter categories from instructions) DOMESTIC /Single Dwellings DOMESTIC /Single Dwellings DOMESTIC /Secondary Structures DOMESTIC /Multiple Dwellings EDUCATION /College RELIGION /Religious Facility RELIGION /Church - Related Residence HEALTH CARE /Hospital DOMESTIC /Secondary Structures DOMESTIC /Multiple Dwellinn- s EDUCATION /College EDUCATION /Library RELIGION /Religious Facility RELIGION /Church - Related Residence 7. Description Architectural Classification Materials (Enter categories from instructions) (Enter categories from instructions) MID -19t' CENTURY /Gothic Revival MID -19' CENTURY /Greek Revival LATE VICTORIAN /Queen Anne foundation STONE/Limestone walls WOOD/Weatherboard BRICK roof ASPHALT other Narrative Description (Describe the historic and current condition of the property on one or more continuation sheets.) Jefferson Street Historic District Johnson County, IA Name of Property County and State Applicable National Register Criteria (Mark "x" in one or more boxes for the criteria qualifying the property for National Register listing.) [X] A Property is associated with events that have made a significant contribution to the broad patterns of our history. L] B Property is associated with the lives of persons significant in our past. [XI C Property embodies the distinctive characteristics of a type, period, or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components lack individual distinction. L] D Property has yielded, or is likely to yield, information important in prehistory or history. Criteria Considerations (Mark "x" in all the boxes that apply.) Property is: LJ A owned by a religious institution or used for religious purposes. L] B removed from its original location. L] C a birthplace or grave. L] D a cemetery. L] E a reconstructed building, object, or structure. L] F a commemorative property. Areas of Significance (Enter categories from instructions) ARCHITECTURE COMMUNITY PLANNING AND DEVELOPMENT Period of Significance 1850 -1954 Significant Dates N/A Significant Person (Complete if Criterion B is marked above) N/A Cultural Affiliation N/A L] G less than 50 years of age or achieved significance Architect/Builder within the past 50 years. See continuation sheet Narrative Statement of Significance (Explain the significance of the Property on one or more continuation sheets.) 9. Major Bibliographical References Bibliography (Cite the books, articles, and other sources used in preparing this form on one or more continuation sheets.) Previous documentation on file (NPS): Primary location of additional data: [_J preliminary determination of individual listing [X ] State Historic Preservation Office (36 CFR 67) has been requested L] Other State agency L] previously listed in the National Register L] Federal agency [J previously determined eligible by the National [2(j Local government Register L] University L] designated a National Historic Landmark L] Other L] recorded by Historic American Buildings Survey Name of repository: L] recorded by Historic American Engineering Record # Jefferson Street Historic District Name of Property 10. Geographical Data Acreage of Property 12 acres UTM References (Place additional UTM references on a continuation sheet.) 1 1151 1612121016101 [41611131214101 Zone Easting Northing 3 [1115_1 [612121518]01 [41611131018101 Verbal Boundary Description (Describe the boundaries of the property on a continuation sheet.) Boundary Justification (Explain why the boundaries were selected on a continuation sheet.) Johnson County, IA County and State 2 L151 [612121518101 [41611131214101 Zone Easting Northing 4 L11-51 [612121016101 [41611131110151 L] See continuation sheet 11. Form Prepared By name /title Marlys A. Svendsen, Svendsen Tyler, Inc. organization for Iowa City Historic Preservation Commission date January, 2004 street & number. N3834 Deep Lake Road telephone 7151469 -3300 city or town Sarong state WI zip code 54870 Additional Documentation Submit the following items with the complete form: Continuation Sheets Maps A USGS map (7.5 or 15 minute series) indicating the property's location. A Sketch map for historic districts and properties having large acreage or numerous resources. Photographs Representative black and white photographs of the property. Additional items (Check with the SHPO or FPO for any additional items) Property Owner (Complete this item at the request of SHPO or FPO.) name Various - see continuation sheets street & number city or town telephone state zip code Paperwork Reduction Act Statement: This information is being collected for applications to the National Register of Historic Places to nominate properties for listing or determine eligibility for listing, to list properties, and to amend existing listings. Response to this request is required to obtain a benefit in accordance with the National Historic Preservation Act, as amended (18 U.S.C. 470 et seq.). Estimated Burden Statement: Public reporting burden for this form is estimated to average 18.1 hours per response including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding this burden estimate or any aspect of this form to the Chief, Administrative Services Division, National Park Service, P.O. Box 37127, Washington, DC 20013 -7127; and the Office of Management and Budget, Paperwork Reductions Projects (1024- 0018), Washington, DC 20503. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 5 & 7 Page 1 Jefferson Street Historic District Johnson County, IA Name of Property County and State 5. Classification: Related Multiple Property Listing (continued) "Historic Resources of Iowa City, Iowa" MPS (1994, amended 2000) 7. Description: Architectural Classification (continued) LATE VICTOR IAN /Italianate LATE VICTORIAN /Second Empire LATE VICTORIAN /Romanesque LATE 19" & 20'h CENTURY REVIVALS /Classical Revival LATE 19T" AND 20" CENTURY REVIVALS /Italian Renaissance Revival LATE 19th & 201h CENTURY REVIVALS /Colonial Revival LATE 191h & 201h CENTURY REVIVALS/Tudor Revival LATE 19th & 2dh CENTURY REVIVALS /Late Gothic Revival LATE 19'h & 20th CENTURY REVIVALS /Late Gothic Revival /Collegiate Gothic LATE 19TH AND EARLY 20TH CENTURY AMERICAN MOVEMENTS /Bungalow /Craftsman Description: Materials (continued) foundation: CONCRETE walls: STUCCO roof: METAL roof: STONE /Slate 7. Narrative Description: The Jefferson Street Historic District is a linear neighborhood located one block north of the downtown and immediately adjacent to the east campus of the University of Iowa (historically referred to as the State University of Iowa or SUI in this nomination). The District also borders the southern edge of a commercial and residential section of Iowa City known as the "North Side." The District extends east for approximately three blocks along East Jefferson Street from North Clinton Street on the west to North Van Buren Street on the east. The northern edge of the District generally United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 7 Page 2 Jefferson Street Historic District Johnson County, IA Name of Property County and State follows along the alleys to the north of East Jefferson Street. The southern edge of the District jogs through. portions of the University of Iowa in the west half and generally follows the alleys south of East Jefferson Street in the east half. Properties facing the intersecting streets of Dubuque, Linn, Gilbert, and Van Buren are also included within the District. All of the Jefferson Street Historic District is contained within the Original Town Plat of the city of Iowa City, which was laid out in 1839 as the territorial capital of Iowa Territory. Jefferson Street was laid out with a standard 80 -foot width with alleys measuring 20 feet and intersecting streets also measuring 80 feet. Adjacent blocks measured 320 feet by 320 feet with eight large lots in each block containing 80 feet of street frontage and a depth of 150 feet. Development of the west half of the Jefferson Street Historic District saw several instances of the combination of lots to form larger building parcels for institutional structures while the east half of the District experienced subdivision of lots resulting in a denser residential neighborhood. Most of the south side of the 100 -300 blocks of Jefferson Street is part of the east campus of the University of Iowa with Linn Street vacated to form a continuous double - block. All of the streets in the District are paved in asphalt with 4 -foot wide cement walks along each side. Jefferson Street serves as an eastbound one -way with westbound traffic handled by Market Street located one block to the north. The terrain of the District is generally flat with buildings sited level with the street. The exception are the lots on the north side of the 400 block of Jefferson Street that have moderate to steep upgrades along the sidewalks but no retaining walls. The neighborhood has a dense covering of deciduous trees. Their age suggests that considerable planting took place before World War 11. Street plantings include maple, oak, ash, hackberry, American elm, and a few catalpas with conifers generally reserved for settings within private lots. Dutch elm disease decimated most of the elm trees by the 1970s. Today streets in the Jefferson Street Historic District are lined by a mixture of 60 to 80 year old trees measuring 40 to 75 feet in height.' There are no natural water features within the District and no city parks or playgrounds in or near the District. The building stock in the Jefferson Street Historic District includes a mix of institutional and residential buildings that reflect its historical development along the edge of the downtown and the SUI campus. University related resources include buildings originally used as a biological sciences classroom building, a medical school anatomy lecture hall, an isolation hospital, and sorority houses. Buildings used for religious purposes include four churches, a student center, a former convent, and a rectory. The balance of the District includes two large apartment buildings, single - family dwellings that date from the 1850s through the 1930s, and secondary structures erected during the early 20`" century. The District contains a total of 44 buildings including 38 primary resources and six secondary resources. All but one of the primary resources or 97 percent are considered contributing resources with 22 buildings or 50 percent qualifying as individually significant or key contributing resources. One primary building, the Neuman Catholic Center (104 E. Jefferson Street), is non - contributing due to its relatively recent date of construction though it is physically connected to a previously freestanding historic convent. The two are counted as a single resource within the District. The District also contains 6 secondary resources originally constructed as garages. Of these, four are considered contributing and two have been determined non - contributing due to alterations or age. The pattern of building and density of the Jefferson Street neighborhood is a result of the organic manner in which the area was developed over eight decades. Sanborn maps from various dates reveal the construction of earlier buildings on some lots and their replacement by larger, more substantial buildings as the decades passed. In several cases, brick and frame dwellings were moved to nearby lots to make room for larger buildings. One instance (John and Magdalena Englert House, 320 E. Jefferson Street), saw the movement of a house that originally faced Market Street across the alley into the District in order to make room for an expansion of the family -owned brewery. In another case, a widow moved her former house (115 N. Gilbert Street) one lot north to make room for a substantial new residence for her and 'Email interview with Terry Robinson, Park & Recreation Department, City of Iowa City re: species and size of neighborhood trees December 2003. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 7 Page 3 Jefferson Street Historic District Johnson County, IA Name of Property County and State her children (Mary Rohret House, 328 E. Jefferson Street). The practice of moving buildings was a long- standing tradition in Iowa City identified in the in the amendment to the "Iowa City Historic Resources MPS" for the historic context "Architectural and Historical Resources of Original Town Plat Neighborhood (Phase II), 1845 - 1945 ".2 More than 10 percent of the primary buildings in the North Side neighborhood under study were moved to their current sites during the period 1904 — ca. 1935. The District's two and two- and - half -story houses are constructed of frame, brick, and stucco with frame being the most popular. Wood cladding includes narrow and medium width clapboards or decorative shingles. Institutional buildings are constructed of masonry materials including dressed and ashlar limestone and locally manufactured red brick. Bedford stone was used for one of the churches and both of the State University of Iowa's turn -of- the -20th- century buildings with brick used for the other churches, apartment buildings, and hospital building. Brick was also used for several houses, the rectory, the convent, and a sorority house within the District. The institutional and residential buildings in the Jefferson Street Historic District exhibit a variety of late 19`h and early 20th century historic architectural styles including excellent examples of eleven distinct styles. Greek Revival, Italianate, Queen Anne, Colonial Revival, and Craftsman style houses are scattered through the District with well preserved institutional buildings designed in the Gothic Revival, French Second Empire, Classical Revival, Romanesque Revival, Italian Renaissance Revival, and a mix of the Collegiate Gothic and Tudor Revival. Many of the dwellings are examples of vernacular house forms commonly found in Iowa City before and after the turn of the 20th century. The vernacular forms that appear most frequently in the Jefferson Street Historic District are the American Four - Square (most common), Front -Gable Roof, and Side -Gable Roof house forms. These styles and vernacular forms are discussed in greater detail in the amendment to the "Iowa City Historic Resources MPS" for the historic context "Architectural and Historical Resources of Original Town Plat Neighborhood (Phase II), 1845 —1945" approved by the National Park Service in 2000. Some of the best examples of residential architectural styles, vernacular house forms, and institutional architectural styles in the Jefferson Street Historic District are listed below. A complete list of contributing and non - contributing resources appears on pages 24 and 25. Residential Architectural Styles • Greek Revival: Bostick - Rohret House, 115 N. Gilbert St. (Photo #1, ca. 1850, NRHP) • Italianate: Robert & Julia Hutchinson House, 318 E. Jefferson St. (ca. 1875) • Queen Anne: John & Magdalena Englert House, 320 E. Jefferson St. (Photo #2, ca. 1885) John & Catherine Sueppel House, 425 E. Jefferson St. (Photo #3, 1876) • Colonial Revival: Joseph & Ludmila Barborka House, 114 N. Gilbert St. (ca. 1900) Justine Mueller House, 420 E. Jefferson St. (Photo #4, ca. 1905) Vernacular House Forms • Front - Gable: David & Isabell Abrams House, 424 E. Jefferson St. (1893) 2 "Architectural and Historical Resources of Original Town Plat Neighborhood (Phase II), 1845 — 1945," Amendment to the "Historic Resources of Iowa City, Iowa MPS," National Register of Historic Places, 2000, pp. 49 -50. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 7 Page 4 Jefferson Street Historic District Johnson County, IA Name of Property County and State Am. Four - Square: Alois & Esther Smith House, 120 N. Gilbert St. (ca. 1908) Mary Rohret House, 328 E. Jefferson St. (Photo #5, 1911) Falk Rental House, 403 E. Jefferson St. (1907) James & Henry Kohrt House /Phi Rho Sigma Annex, 430 E. Jefferson St. (1924) John & Mary Messner House, 117 N. Van Buren St. (Photo #6, ca. 1911) Institutional Architectural Styles • Gothic Revival: First Congregational Church, 30 N. Clinton St. (Photo #7, 1868) First Methodist Episcopal Church, 214 E. Jefferson St. (Photo #8, 1908) • French Second Empire: Park House /St. Agatha's Seminary, 130 E. Jefferson St. (Photo #9, 1852/ca. 1875) • Romanesque Revival: St. Mary's Rectory, 220 E. Jefferson St. (Photo #10, 1891) St. Mary's Roman Catholic Church, 230 E. Jefferson St. (Photo #11, 186711907) • Classical Revival: Hall of Anatomy, 119 E. Jefferson St. /SUI Bldg. #19, (Photo #12, 1902) Medical Laboratory Building, 121 E. Jefferson St. /SUI Bldg. #18 (Photo #13, 1902) Italian Renaissance Revival., St. Mary's Convent (part of Newman Center), 104 E. Jefferson St. (ca. 1930) Isolation Hospital, 325 E. Jefferson St. (Photo #14, 1916) • Collegiate Gothic: St. Paul's Lutheran Church, 404 E. Jefferson St. (Photo #15, 1926) The condition of buildings in the Jefferson Street Historic District ranges from fair to excellent. Nearly all of the residences originally used as single - family homes have been subdivided into duplexes or apartments with three residences converted to use as guesthouses (115 N. Gilbert Street, 119 N. Gilbert Street, and 328 E. Jefferson Street). The most likely alteration to houses in the District that have been converted to use as rental housing is the addition of synthetic siding including asbestos shingle siding dating from the 1940s and aluminum siding or vinyl siding added beginning in the 1960s. Other changes include the removal of porches and the construction of rear wings and attached garages. One new institutional building has been built at the west end of the District. The Newman Catholic Center (104 E, Jefferson Street) replaced the former Catholic school on that site in 1988 but the adjacent St. Mary's Convent remains connected to the new building. Historic rehabilitations have been completed for a number of buildings within the District during the 1990s including two major University of Iowa buildings. The SUI Hall of Anatomy (SUI Building #19) was converted to the Biological Sciences Library and the SUI Medical Laboratory Building (SUI Building #18) was rehabilitated for continued use as the Biology Building. Other buildings substantially rehabilitated include the Park House /St. Agatha's Seminary at 130 E. Jefferson Street, the Mary Rohret House at 328 Jefferson Street, and the William Bostick House at 115 N. Gilbert Street. All of the churches within the District have seen significant maintenance work during the 1990s as well. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 5 Jefferson Street Historic District Johnson County, IA Name of Property County and State 8. Statement of Significance: General: The Jefferson Street Historic District is locally significant under Criteria A and C Under Criterion A the Jefferson Street Historic District derives significance under the category of "Community Planning and Development." The District is associated with an important era of growth in one of Iowa City's North Side neighborhoods at the end of the 19`" century and the beginning of the 201h century. During this time, Jefferson Street was transformed from a neighborhood of single family dwellings and churches to a neighborhood of larger, more substantial residences, churches, and State University of Iowa education and hospital buildings. Prominent Iowa City residents continued to make the District their home throughout its development, choosing to build, enlarge, move, and rebuild homes along a street favored by proximity to the city's churches, downtown businesses, and SUI campus. Additional significance under Criterion A derives from the fact that the Jefferson Street Historic District represented a cross section of middle and upper income households with prominent business and professional leaders living next door to working class families. As the 20th century progressed, this mix of social groups included individuals associated with the University as professors, physicians, and laborers of many types. Undergraduate students, graduate students, nursing students, and medical students resided in apartment buildings, boarding houses, and sorority houses in the District with many attending classes and working in University medical school buildings in the District. Under Criterion C the Jefferson Street Historic District is significant as a representative collection of the residential architectural styles, vernacular house forms, and institutional architectural styles that appeared in Iowa City neighborhoods from the 1850s through the 1930s. A number of examples of the work of important local and state architects have been identified to date with a likelihood that more may exist. In addition to single- family dwellings, the District contains four architecturally significant churches and several other buildings with religious connections including a convent and rectory. Three architecturally important SUI buildings including two classroom buildings and one hospital building are present as well. Together the District's buildings tell the story of architectural design and vernacular building practices displaying 11 different architectural styles. Four buildings within the District are already listed on the National Register of Historic Places: the Congregational Church (30 North Clinton Street), the William Bostick House (115 North Gilbert Street), the Park House /St. Agatha's Seminary (130 East Jefferson Street), and St. Mary's Roman Catholic Church and Rectory (230 East Jefferson Street). The last property contains two contributing resources. Although a number of individual properties in the district are associated with important local business and civic leaders, no significance is asserted under Criterion B. No reconnaissance or intensive level archeological surveys were conducted for properties within the District. As a result, no significance is claimed under Criterion D. The period of significance for this locally significant historic District extends from 1850 to 1954. The first date marks the construction of the earliest architecturally significant resource in the District and the last date marks the 50 -year cut-off for National Register eligibility. North Side Historical Survey Recommendations: The Jefferson Street Historic District is one of four existing or proposed historic districts located in a section of Iowa City known as the "North Side." This area is located in the northern tiers of blocks in the Original Town Plat and contains United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 6 Jefferson Street Historic District Johnson County, IA Name of Property County and State approximately 50 city blocks. Historic preservation surveys of portions of the North Side were first completed in 1977 and again in 1981 by City of Iowa City planning interns. In 1982 nominations to the National Register of Historic Places (NRHP) for two contiguous North Side historic districts — one commercial properties and one residential properties — were prepared and submitted to the local historic preservation commission and the SHPO. Both districts were eventually approved at the state level but final submittal to the National Park Service was withheld pending adoption of a local historic preservation ordinance. The nominations were eventually redrafted in 1984 but due to contentious local debate at the time, they were not resubmitted to the SHPO. Following completion of a comprehensive historic preservation plan by the City of Iowa City in 1992, a more complete historical and architectural survey was begun in multiple phases in the North Side. Sections of the North Side were included in each of the following studies: • Dubuque /Linn Street Corridor Survey by Molly Naumann (1996) • Original Town Plat of Iowa City (Phase 1) Survey by Jan Nash, Tallgrass Historians L.C. (1997) • Original Town Plat of Iowa City (Phase II) Survey by Marlys Svendsen, Svendsen Tyler, Inc. (1999) • Goosetown Neighborhood (Phase 111) Survey by Marlys Svendsen, Svendsen Tyler, Inc. (2000) • Iowa City Central Business District Survey by Marlys Svendsen, Svendsen Tyler, Inc. (2000) Once these survey efforts were underway, two NRHP nominations were prepared using the multiple property documentation (MPD) and historic district format. To date, the Brown Street Historic District nomination and the Original Town Plat Phase II MPD have been listed on the NRHP. In 2000 a reexamination of the various North Side surveys was completed and recommendations for future NRHP nomination work were made by Marlys Svendsen to guide the efforts of the Iowa City Historic Preservation Commission and the City of Iowa City. In addition to the already listed Brown Street Historic District (listed 1994), Svendsen recommended that nominations be considered for several other North Side areas that contained sufficient integrity, architectural significance, and /or historical associations that helped to represent this important Iowa City neighborhood. The North Side was developed over 16 decades beginning in the 1840s. Historic resources survive from throughout this period and are scattered over the entire geographic area. Several generations of development and redevelopment took place throughout all sections of the North Side in subsequent years. As a result, each of the potential North Side historic district areas has a similar period of historical significance extending from the late 1840s or early 1850s through ca. 1950. Architecturally speaking, all of the potential districts recommended contain good representative examples of the architectural styles and vernacular house forms that became popular during this period. For comparison purposes, each district is briefly described below: Jefferson Street Historic District — This four -block section of Jefferson Street contains an important collection of Iowa City churches, residences, and institutional buildings associated with the State University of Iowa Medical School and the University Hospital. The district's buildings are historically significant under the themes of education, religion, and community planning as well as architecturally significant for the good examples of late 19'h and early 20r century institutional and residential building styles. Gilbert-Linn Street Historic District — This well - preserved group of large - scale, single - family residences extends along the north -south routes of two important North Side streets - the brick -paved course of Linn Street and the north -south route of the Old Military Road known today as North Gilbert Street. The district is architecturally significant for the representative collection of architectural styles and vernacular house forms dating from the 1880s to 1920s. The district also contains a good set of examples of the work of one of Iowa City's most important turn of the century architects, O.H. Carpenter. Historically, the district demonstrates the importance of development factors such as street paving and proximity to employment generators in stimulating residential growth in existing neighborhoods. Brown Street Historic District and Ronalds Street Extension — The original Brown Street Historic District was listed in the NRHP in 1994. It qualified for listing under Criteria and A and C for its association with Iowa City's neighborhood settlement patterns; the development of a major transportation corridor and its related sub - themes; its United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 7 Jefferson Street Historic District Johnson County, IA Name of Property County and State affiliation with the growth of the State University of Iowa in the decades immediately following 1900; and its collection of representative examples of architectural forms and styles from the period extending from the 1850s through the 1920s. The original district extended along seven blocks of Brown Street and several blocks of the adjoining private drive, Bella Vista Place. A proposed amendment to the Brown Street Historic District includes a four -block stretch of Ronalds Street that was not intensively surveyed until several years after the Brown Street Historic District was listed in the NRHP. The Ronalds Street extension contains similar building stock in terms of form, scale, material, and architectural style. Its historical development occurred during a similar period as the Brown Street Historic District and was prompted by similar factors. These facts make the Ronalds Street extension appropriate for amending to the existing Brown Street Historic District. North Clinton Street Historic Street — This potential district contains well - preserved, large scale residences associated with some of Iowa City's most prominent business and professional leaders from the late 19`h and early 201h centuries. In addition the houses are well- executed and well - preserved examples of the architectural styles popular during this era. At the turn of the 21 st century, the area adjoins the State University of Iowa Campus. After World War I, several of the houses served as examples of adaptive use as fraternity houses and rooming houses. A number of the occupants of residences in the district had strong links to the State University of Iowa as faculty members and administrators. In addition to these four historic districts, Svendsen recommended two thematic nominations for resources under separate historic contexts. They include a well- preserved, but scattered, collection of University of Iowa fraternity houses and a group of resources connected to the historical development of the Bohemian - American community. Based on the recommendations made in 2000, the Iowa City Historic Preservation Commission obtained a Certified Local Government grant in 2003 to nominate three of the identified North Side historic district areas to the NRHP. In addition to the Jefferson Street Historic District included in this nomination, they include the Gilbert -Linn Street Historic District and the amendment to the Brown Street Historic District that increases its boundary with the addition of the Ronalds Street section. The Historical Development of East Jefferson Street: 3 Iowa City was laid out as the new capital city for Iowa Territory in the summer of 1839. Its location 50 miles west of the Mississippi River and its population centers anticipated the state's westward expansion. The Jefferson Street Historic District is located along an east -west stretch of Jefferson Street in the central section of the Original Town Plat. This plat, which appears on page 8 with the Jefferson Street Historic District outlined, included 100 blocks with eight lots per block, 31 out lot blocks, two public squares, three market squares, two public parks, and reserves set aside by territorial legislators for churches and a school. Three of these open space features, now either nonextant or much altered, were originally located near the Jefferson Street Historic District. The most significant was Capitol Square (now the Pentacrest Historic District, NRHP) located southwest of the District on a rise overlooking the Iowa River. Lots anticipated for commercial development measuring 80 feet x 140 feet were laid out facing the square, and a grid system of streets aligned with the compass points stretched in four directions from the square. Jefferson Street had an 80 -foot width with lots facing the street along its east - west course. Proximity to the square initially encouraged commercial building along the north side of the 100 block of Jefferson Street. Among the most important buildings in this block was the Park House (contributing, Photo #9) built in 1852 at 130 E. Jefferson Street opposite the northwest corner of the city park for which it was named. The hotel was frequently used by territorial legislators as seasonal lodging. Like many of the buildings within the District, its use changed over time as the character of the District changed. The Park House closed soon after the capital was moved to Des Moines in 1857 and 3Portions of this section are taken from "Historic Resources of Iowa City, Iowa MPS" listed in the NRHP in 1994 and an amendment to this MPS nomination, "Architectural and Historical Resources of Original Town Plat Neighborhood (Phase II), 1845 — 1945," listed 2000. Additional material was taken from a second amendment to the MPS prepared in 2000 titled "Architectural and Historical Resources of Iowa City Central Business District, 1855 —1945" that has not been submitted to the National Register of Historic Places for listing. The three documents were authored by Marlys Svendsen, United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 8 Jefferson Street Historic District Johnson County, IA Name of Property County and State the demand for transient lodging lessened. In 1861 the building reopened as St. Agatha's Seminary. It was owned by St. Mary's Roman Catholic Church and functioned as a day and boarding school for Catholic girls under the direction of the Sisters of Charity of the Benevolent Virgin Mary, a fact confirmed by painted wall signs in the 1865 view on page 9. Map of Iowa City, 1839 1 (from the State Historical Society of Iowa — Iowa City) N l l9 Il�3 $ 1y ❑ 1. 14 _ M-17 i' 'e .l >fii'a • a s i rT . a . >�j �£ i Y` 1' t I( u J P, ' IIt ^�IrIi�:SI`r+Jjl .1. � `::^ls�sj`� . owr i.oTMID �3 E] l47 E 8 it its a . , ,I• rla , . ,I,l n S;, ly' RALDS STREET rA11'r66 of rfMA T>SL: a t,• s le� � a +,a L,� � v a r� ;: �NYJN/P7�:YR_61Yi'j+ J� 4 L 4 $ ,s R. a x a S juar NMf TBRNfbRI' 3�/rys�0100Wfrtarlu.fYan Fig r.iri6fo�/lJY,n,ltf!Conr x S :Qatdrr�a�a� me _ ee.+ryryivA,w..f..rYXa cXYZTO•L , Y . S Q U iLga + 0- -ease eeee �eee ~ ee e>� p AAO � Apo fiAAO oAgO 111r f,i1111 HOW imam • �� ;a Fal F-2-3� 3a 9 e YYYY MAIN Y o � igUN 3i c iit�r� I s ' t • it 1 s • ' a'-^ILs1:11J.Z.! -1 sl_ 7 . 4. 0 - 7 F as s3 I a I 2 El s R"3 Fal F-2-3� 3a 9 e YYYY MAIN Y o � igUN 3i c iit�r� I United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 9 Jefferson Street Historic District Johnson County, IA Name of Property County and State Park House /St Agatha's Seminary, 1865 (Gerald Mansheim, Iowa City: An Illustrated History (Norfolk, Virginia: The Downing Company), 1989, p. 80) The same block of Jefferson Street that attracted the Park House saw the construction of other small scale commercial buildings during the 1850s. However, as the business center of the town gradually established itself further south along Clinton, Washington, College, and Dubuque streets, Jefferson Street fell out of favor as a commercial district. As a result, the Jefferson Street commercial buildings were converted to use as private schools (both non - extant — the Iowa City Academy and Normal School and St. Joseph's Institute, a Catholic boy's school). In later years, all of this portion of the 100 block of E. Jefferson Street was acquired by St. Mary's Roman Catholic Church and in 1893 became the site for construction of St. Mary's Catholic School.Like Capitol Square, the city park located just south of the District between Jefferson Street, Iowa Avenue, Dubuque Street, and Linn Street played an important role in the development of the District. Its primary purpose initially was to serve as an open space on which important buildings such as churches could front. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 10 Jefferson Street Historic District Johnson County, IA Name of Property County and State St Mary's Roman Catholic Church, 1869 from the State Historical Society of Iowa — Iowa City) During the decades of the 1840s and 1850s churches established by Roman Catholic, Methodist Episcopal, Methodist Protestant (later Christian), and Universalist congregations built on the reserved lots facing the north and south sides of the park. The first building (non- extant) occupied for St. Mary's Roman Catholic Church was constructed in 1841 -43 at the northwest corner of Linn and Jefferson streets. At the end of the Civil War a new building was erected. Father Edmonds, the pastor of St. Mary's Church in 1867 -68 when the new St. Mary's Roman Catholic Church was erected at 230 E. Jefferson Street (Photo #11, contributing, NRHP), has been credited with designing the church.° An historic view of the church appears to the left. The Methodist Episcopal Church was the second congregation to build a church along Jefferson Street on a church reserve lot. The first building (non- extant) was completed in 1842, enlarged in 1863, rebuilt following a fire in 1884, and destroyed in a second fire in 1906. The present building at 214 E. Jefferson Street (contributing, Photo #8) was completed in 1908. Both of the churches erected on reserve lots south of the park, the Methodist Protestant Church and the Universalist Church, are non - extant. Before the turn of the 20th century, a fifth church was built along Jefferson Street. The Congregational Church (contributing, Photo #7, NRHP) was constructed at 30 North Clinton Street on a non - reserve lot in 1868. Located at the east end of the Jefferson Street Historic District, the church faced Capitol Square. The presence of these five churches in the 19th century helped to attract and retain homeowners in the blocks fronting on Jefferson Street. The role of these churches in the social structure of the neighborhood is born out by an examination of memberships in several of the church - sponsored organizations of St. Mary's Roman Catholic Church at the turn of the 20th century. The 1897 city directory shows nine separate societies sponsored by the church, That year, three of the leaders of the Young Ladies' Society were residents of the District while leaders of two men's societies had their homes here as well. Among the most involved were the five members of the John and Catherine Sueppel family (425 E. Jefferson Street, contributing, Photo #3) who served as leaders in four separate organizations. Despite city park's prominent location as the front yard of the town's first churches, it remained largely an unimproved feature during its first half century. The block was never formally landscaped. Instead it contained a collection of native grasses that was rarely cut or maintained. Historic photographs show a horizontal rail fence surrounding the park in the post -Civil War years. Public celebrations were regularly held here, and it likely functioned as an informal gathering spot for visitors to the downtown and students at the nearby academies and university. Public scales were maintained at the southwest corner of the park at the intersection of Iowa Avenue and Dubuque Street giving rise to the regular practice for many years of weighing and selling hay at this intersection. The park along with the prominent spires of the Congregational 4Gerald Mansheim, Iowa City: An Illustrated History (Norfolk, Virginia: The Downing Company), 1989, p. 58. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 11 Jefferson Street Historic District Johnson County, IA Name of Property County and State Church, the first Methodist Episcopal Church (non- extant), and St. Mary's Roman Catholic Church stand out on the 1868 Bird's Eye View of Iowa City that appears below. Approximate boundaries of the District are shown. In 1890 the city council authorized transfer of the city park block to the State of Iowa for use in conjunction with the State University of Iowa. It was thought at the time that such a move would discourage talk in the Iowa General Assembly of moving the University to Des Moines - an ever present concern in Iowa City. Whether the transfer of the park was actually the cause that achieved the desired effect or not, SUI was not moved. The transfer of park property completed in 1890 was not favored by all Iowa Citians. After SUI made plans to build a new Chemistry and Pharmacy Building on the site but before its construction, women parishioners at St. Mary's Catholic Church from Bird's Eye View of Iowa City, Johnson County, Iowa, 1868 (from the State Historical Society of Iowa - Iowa City) N protested the building's construction because of the planned felling of trees. Iowa City historian Irving Weber has described the event as Iowa City's first protest. After a brief delay, the bishop of the Dubuque Diocese interceded and the women withdrew so that the work could proceed. During the decade following the property transfer, several SUI buildings were constructed in the former park block. The Chemistry- Pharmacy Building (non- extant) was built at the northeast corner of Dubuque Street and Iowa Avenue in 1890 United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 12 Jefferson Street Historic District Johnson County, IA Name of Property County and State and the Homeopathic Hospital (non- extant) was constructed at the southeast corner of Jefferson and Dubuque streets in 1894. The first section of the University Hospital (portions extant), was erected east of Linn Street in 1897.5 In 1899 the building complex extended across the vacated Linn Street right -of -way and into the east half of the former park block. Once SUI redeveloped the park with buildings to house classroom and hospital space, this section of the campus became a permanent barrier between the North Side and the downtown. Though the former park site has strong historical associations with the development of the neighborhood, it is excluded from the Jefferson Street Historic District because of integrity issues including the construction of several modern class room buildings, the completion of major additions to the former University Hospital, and razing of portions of the Hospital. A third historically important open space located near, but not within, the Jefferson Street Historic District was Center Market near the east end of the District between Jefferson, Market, Van Buren, and Johnson streets. The impact of this block - square market on the development of the surrounding neighborhood was significant. In Iowa City's early years, its platting allowed a large parcel of ground to be retained in public ownership while serving a succession of public uses. Like city park, Center Market remained unimproved during its early years. Located several blocks east of three Market Street breweries and one block east of the north /south route of the Military Road along North Gilbert Street, Center Market was not well positioned to attract commercial development around its perimeter, however. Modest residences ringed the block instead as a result. As Iowa City's school age population grew at the end of the 190' century, a specific civic purpose was determined for the still vacant Center Market block — the construction of public schools. Beginning in 1885 a series of school buildings (all non - extant) were erected on the block and successively used for various grade levels. The first building, the Grammar School, was erected at the northwest corner of Johnson and Jefferson streets in 1885 and converted to the 2nd Ward Elementary School in 1903. It was reused as the Administration Building for the Iowa City School District in the early 1920s. The second building, Iowa City's first high school, was built in 1891 at the northeast corner of Van Buren and Jefferson streets and was converted to use as a grammar school in 1903. The same year, the third building — Iowa City's second high school — was constructed at the southwest corner of Johnson and Market Streets. It was converted to Central Junior High School in 1939. In ca. 1915 a fourth and final building was added to the former Center Market block at the southeast corner of East Market and North Van Buren streets. All of the buildings in the former Center Market block had been razed by the time it was acquired for construction of a parking ramp in the 1980s. The presence of this succession of public school buildings along with three Catholic schools — St. Agatha's, St. Joseph's, and St. Mary's — in and near the Jefferson Street Historic District, tended to reinforce the residential use of the District in the decades preceding and following the turn of the 20th century. Proximity to the schools also saw a number of teachers residing in apartment buildings, private homes, and boarding houses along Jefferson Street. Politics and government on the territorial and state levels figured prominently in Iowa City between 1839 and 1857. Territorial legislative assemblies between 1841 and 1845 and state assemblies between 1846 and 1857 brought politicians together to write three state constitutions, to adopt laws including the Code of 1851, to levy taxes, to make expenditures for the public good, and to create a state university headquartered in Iowa City. This last act determined the future course of 5The Original Town Plat on page 8 shows this strip of land as a school reserve. In 1841 the Mechanics' Mutual Aid Association of Iowa City organized and applied to the Territorial Legislature to use this reserve for building a school and library. The Association completed a two -story brick building (non - extant) along the east side of Linn Street north of Iowa Avenue in 1842 but when the Association failed to comply with the terms of the legislative grant, the property reverted to the State of Iowa. The Mechanics' Hall had a succession of uses including Iowa City's first public school in 1853, the first building for the State University of Iowa (1855- 1858), SUI's Normal Department (1860), and a men's dormitory for SUI (1866). In ca. 1871 the Mechanics' Hall was converted to a 20 -bed hospital managed by the SUI Medical Department with nursing provided by the Sisters of Mercy. In 1885 the Sisters of Mercy established a separate hospital and the building was vacated. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 13 Jefferson Street Historic District Johnson County, IA Name of Property County and State events in Iowa City more than any other development and is more fully described in the historic context for the "University of Iowa (1855 - 1940)" contained in the "Historic Resources of Iowa City' MPS. As the historic context points out, however, the economic benefits of the enabling legislation for the State University of Iowa were slow to be realized as growth of SUI during its first decades was erratic. As a result, property owners in the blocks most closely positioned to SUI's grounds on Capitol Square saw the greatest benefit early on. Among those most favored were property owners along East Jefferson Street. Residences housed SUI professors and staff members while apartment buildings and boarding houses were filled by students and junior faculty. Real estate sales appear to have been steady with Johnson County Property Transfer Records showing frequent sales. City directories both before and after 1900 confirm the occupancy of many houses by families or widows with one or more children attending SUI as well. The 1890s ushered in a period of expansion for SUI in terms of enrollment, faculty, and physical plant. Construction of several University buildings in the former city park block along East Jefferson Street was among the first projects to be completed. Under the successive presidencies of Charles Schaeffer (1887 -1898) and George MacLean (1899 - 1911), a comprehensive plan for the development of the campus was implemented. Architect Henry Van Brunt successfully advocated the use of the Beaux -Arts Style for the design of four major new buildings to flank Old Capitol, the former territorial capitol on Capitol Square. The plan was completed between 1902 and 1924 and Capitol Square was given a new name — the "Pentacrest" (NRHP). At the same time that plans for the Pentacrest were taking shape, disaster struck elsewhere on Capitol Square. In 1901 the old Medical School Building that stood south of Old Capitol was struck by lightning and destroyed by the ensuing fire. In the aftermath, two new buildings for the SUI Medical School were constructed in the 100 block of East Jefferson Street — the Hall of Anatomy (SUI Building #19, Photo #12, contributing) at 119 E. Jefferson Street and the Medical Laboratory Building (SUI Building #18, contributing, Photo #13) next door at 121 E. Jefferson Street. Both were constructed in 1902. Sanborn maps show the Hall of Anatomy originally included an embalming area on the ground level, a lecture hall on the second floor, a dissecting laboratory on the third floor with tiered seating ringing the north wall, and a cremating area in the attic level. The building also housed a 100 -ton freezer for cadaver storage. Built at the same time as the Hall of Anatomy, the Medical Laboratory Building was constructed immediately to the northeast. Sanborn maps show that it originally included classrooms on the ground level, a lecture hall with classrooms and offices on the second floor, and a clinical laboratory and general laboratory the third floor. The Medical School's surgery department was located in another freestanding building to the southwest (non- extant). In 1928 both the Medical School and the SUI Hospital relocated to the west side of the river following completion of the $4.5 million General Hospital. The former Hall of Anatomy and Medical Laboratory Building continued uses in the human sciences with the Hall of Anatomy variously called the Human Anatomy Laboratory and the Biology Building Annex. The Medical Laboratory Building was renamed the Zoology Building and later, the Biology Building. Both buildings received substantial rehabilitations shortly before the turn of the 21s century. Joseph Hall Bodine (1895 -1954) was among the distinguished zoologists and biologists to occupy offices in the former Hall of Anatomy and Zoology Building. Bodine was notable for his contributions to the physiology and biochemistry of embryonic development and as head of the Zoology Department at SUI beginning in 1929. Construction of the Hall of Anatomy and the Medical Laboratory Building along Jefferson Street came at the end of a decade that had seen considerable growth in the SUI Medical School. As was noted earlier, both the Homeopathic Hospital (non - extant) and first sections of the SUI Hospital were constructed in the former city park site in 1894 and 1897 respectively. The need for two hospitals arose due to a disagreement between homeopaths and allopaths regarding medical privileges. The original SUI Hospital was in the hands of the allopaths and consisted of three sections built in a U- shaped plan. The center section and the southwest wing were completed in 1897 with other wings added in 1908, 1912, and 1914. Two years later in 1916, new hospital procedures regarding infectious diseases saw construction of the last major SUI Medical School building on the east campus — the SUI Isolation Hospital (contributing, Photo #14) located at 325 E. Jefferson Street. The building was free standing at street level but connected to the main hospital by underground tunnels despite its name. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 14 Jefferson Street Historic District Johnson County, IA Name of Property County and State Continued growth in the SUI Medical School and the SUI Hospital programs after World War I brought another wave of change to the Jefferson Street Historic District. In 1924 construction began on a new 700 - patient hospital and medical school on the west side of the Iowa River. The project was completed in 1928 with a grant from the Rockefeller Foundation matched by the Iowa General Assembly. Soon after the new hospital complex opened, the Isolation Hospital was abandoned. A 1 -story wing (non- extant) was constructed to the south replacing several residences previously used as housing for nurses. The building complex was renamed the Music Building and served in this capacity until 1972. It was subsequently used as art studios and in 2003, during completion of this nomination, stood vacant. While public open spaces, churches, schools, collegiate buildings, and hospitals were being established along Jefferson Street from the 1850s through the 1920s, several phases of residential development took shape along the street. The first generation of dwellings included mostly small frame structures located either close to the street or with random setbacks. The earliest view of dwellings in the District is found in the 1868 Bird's Eye View of Iowa City, Johnson County, Iowa reproduced on page 11. The map shows one and two -story houses widely spaced along the length of Jefferson Street with denser clusters on the south side of the street between Clinton and Dubuque streets and on the north side between Gilbert and Van Buren streets. Only one of the nearly two dozen residences depicted here survives in the District in 2003 — the William Bostick House at 115 N. Gilbert Street (contributing, Photo #1, NRHP). Constructed in 1850, this two -story brick house stood one lot to the south when it was built as a private residence for the Bostick family. It served as Iowa City's city hall from ca. 1875 to 1882 while the new city hall was being constructed. Then, it resumed domestic use when Mary Rohret and her husband George, a retired farmer acquired it. The couple lived here until George's death when Mary had the house moved about 100 feet north to its current location on Gilbert Street in ca. 1909 before constructing a new family residence. Industrial and merchant families built nearly a dozen houses still standing in the Jefferson Street Historic District. The most important industrial family in the neighborhood was the Englerts, who owned a brewery and ice business in Block 59 that fronted on Market Street one block north of Jefferson Street. Members of the Englert family eventually owned three houses in this block. The oldest was a large frame house built in the Queen Anne Style for John and Magdalena Englert in ca. 1885. It originally stood next to the Englert -owned City Brewery that faced Market Street immediately north of where the house stands today. City Brewery was one of three breweries between Gilbert and Dubuque streets along Market Street that thrived during the late 19th century. Sanborn maps from the period document the move of the house to the present site at 320 E. Jefferson Street (contributing, Photo #2). The Englerts resided in this house before and after it was physically moved in 1910 to accommodate business expansion. Nearby Englert family houses included the Clarence and Marie Englert House at 324 E. Jefferson Street and the Mollie Englert House at 119 N. Gilbert Street. Employees of the two other Market Street breweries, the Graff Union Brewery and the Dostal Great Western Brewery, also resided in the District at the turn of the 201h century. Merchant families in the Jefferson Street Historic District included several grocers, a meat market owner, several clothing and shoe store operators, a jeweler, and a hardware storeowner. John and Catherine Sueppel were among the most prominent. The couple and their large family lived in a spacious Queen Anne Style house built in 1876 at 425 E. Jefferson Street (contributing, Photo # 3). John had immigrated to the United States from Germany and held a number of civic positions after arriving in Iowa City, including city treasurer for two years and county treasurer for four years. He and his family were active members in St. Mary's Roman Catholic Church located just two blocks west of the family home. Sueppel's professional life saw him own and operate a successful grocery business while also serving as secretary- treasurer for the George Hummer Mercantile Company. After John's death, his wife Catherine took over operation of Sueppel's Grocery while continuing to operate her own business — Catherine Sueppel Clothier and Furnisher. By 1918 the Sueppel House was occupied by the next generation, son Francis and his wife Mary. Francis Sueppel served as secretary of the Iowa City Electric Railway Company, the Mississippi Valley Electric Co., and the Rundell Land Improvement Co., an important local real estate development company. Sueppel family members held the property until 1936. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 15 Jefferson Street Historic District Johnson County, IA Name of Property County and State Another social pattern that was observed in several instances in the Jefferson Street Historic District in which recently widowed women construct major family residences in the neighborhood. Justine Mueller, widow of Adam Mueller, bought the property at 420 E. Jefferson Street (contributing, Photo #4) in 1904, commissioned an architect to design a house for the lot a short time later, and had a house built for herself and her four children the following year. Adam had been a partner in Mueller Brothers Shoes in downtown Iowa City. After Justine's death, her daughters Mary and Margaret owned the family house until 1956. One worked as a bookkeeper for Mueller Brothers Shoes and the other was a schoolteacher. In a similar case, Mary Rohret tackled an even larger homebuilding project following the death of her husband George Rohret, a retired farmer and carpenter. The Rohret family had previously lived in the two -story brick dwelling located at the northwest corner of Jefferson and Gilbert streets. When a new house was planned in 1908, the former residence was moved to the north half of the lot (115 North Gilbert Street) to make room for a modern American Four - Square house. Construction dates for single - family houses in the Jefferson Street Historic District indicate that most dwellings were built during the decades immediately before and after 1900. This pattern is typical of other North Side neighborhoods and may reflect general growth in Iowa City during the period. In the case of East Jefferson Street, however, it likely reflects the expansion of the State University of Iowa's east campus in the blocks immediately adjacent to the District Five major buildings connected to the SUI Medical School and SUI Hospital were constructed between Clinton and Gilbert streets between 1894 and 1916. Fifteen new houses were completed in the District during the same period with five more completed during the early 1920s. Another important housing trend during these years responded to the growing need for rental housing, more particularly — student housing. Along East Jefferson Street this need was met in a variety of ways. Nursing students, for example, were housed in the former Robert and Julia Hutchinson House at 318 E. Jefferson Street (contributing). From ca. 1911 through ca. 1920 the building served as the SUI Nurses Home and by 1926 was described in city directories as the SUI Obstetrical Home. Located directly across the street from the SUI Hospital and SUI Isolation Hospital, the house was officially converted to apartments in 1947. The establishment of rooming houses and boarding houses for SUI students was repeated throughout the District. The Chase Rooming House was operated by Marie Chase, a widow, at 22 North Gilbert Street (contributing) in the years immediately preceding and following World War I. During this period the University established informal but strict policies about such establishments restricting rooming houses to same -sex boarders. A variation on this restriction applied to the location of sorority and fraternity houses. The former were located in neighborhoods east of the downtown while the latter were located on N. Dubuque and N. Clinton streets or west of the river. Several houses functioned as sorority houses in the Jefferson Street Historic District through the years, the largest example constructed at 430 E. Jefferson Street (contributing). Its design was that of an oversized American Four - Square with a private apartment for the owners, Janet and Henry Kohrt. The Kohrts served as house - parents during its early years when it was leased to members of the Phi Rho Sigma Sorority as an annex to the main sorority house located a block away at 505 East Iowa Avenue. Another sorority house was located across the street at 431 E. Jefferson (contributing) beginning in the 1920s. Originally built as a private residence for Laura and William Foster, it was used as the Kappa Kappa Gamma Sorority House and the Zeta Tau Alpha Sorority House after World War I. The largest example of rental housing in the District was the former Park House /St. Agatha's Seminary (contributing, Photo #9) at 130 E. Jefferson Street. After St. Agatha's Seminary closed here in 1909 the building became a women's dormitory. Beginning in 1918, the building was converted to flats and renamed for proprietor Albert Burkley as the Burkley Place Apartments. The demand for apartments continued to be brisk after World War I and Burkley added a separate new apartment building to the north at 115 N. Dubuque Street (contributing) named " Burkley Place North." Together the two buildings had nearly 40 flats. Prior to World War 11, SUI junior faculty and staff as well as downtown employees occupied buildings such as these. Student use of such apartments was a post -war phenomenon. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 16 Jefferson Street Historic District Johnson County, IA Name of Property County and State By the time the Jefferson Street Historic District was fully developed by the late 1920s, the neighborhood consisted of a mix of middle and upper income households in owner - occupied and rental houses and apartments. Students at the State University of Iowa, especially medical students, nursing students, and music students filled rooming houses and apartment buildings. Information in the list below has been gleaned from biographical histories, city directories, obituaries, and other sources and provides a sampling of the District's residents, their occupations or professions, business affiliations, and the location of the houses they occupied. Dates shown are for estimates for building construction: East Jefferson Street 104 E. Jefferson St., Newman Catholic Center, 1988 (St. Mary's Convent wing originally built ca. 1930) 119 E. Jefferson St/SUI Building #19, Hall of Anatomy (Biological Sciences Library), 1902 121 E. Jefferson St/SUI Building #18, Medical Laboratory Building (Zoology Bldg. /Biology Bldg.), 1902 130 E. Jefferson St., Park House /St. Agatha's Seminary, 1852/ca. 1875 214 E. Jefferson St., First Methodist Episcopal Church (First United Methodist Church), 1908 220 E. Jefferson St., St. Mary's Rectory, 1891 230 E. Jefferson St., St. Mary's Roman Catholic Church, 1867/1907 302 E. Jefferson St., Hugh & Josephine McCabe, retired, ca. 1925 306 E. Jefferson St., Mary Thoman, ca. 1925 318 E. Jefferson St., Robert & Julia Hutchinson, carpenter and city marshall, ca. 1875 320 E. Jefferson St., John & Magdalena Englert, owner, City Brewery, ca. 1885 324 E. Jefferson St., Joseph & Lena Weiss, occupation unknown, 1940 325 E. Jefferson St. /SUI Building #20, State University of Iowa Isolation Hospital, 1916 328 E. Jefferson St., Mary Rohret, widow, 1911 403 E. Jefferson St., Dionysius Speidel, partner, Speidel Brothers Clothing Store, 1905 404 E. Jefferson St., St. Paul's Lutheran Church, 1926 405 E. Jefferson St., Thomas & Martina Brown, proprietor, Clinton Street Smoke House, 1906 409 -411 E. Jefferson St.,. Andrew & Mary Beermaker, occupation unknown, ca. 1883 413 E. Jefferson St., Beermaker rental house, ca. 1892 415 E. Jefferson St., Mrs. F.A. Lucas, widow, ca. 1868 420 E. Jefferson St., Justine Mueller, widow, 1905 424 E. Jefferson St., David & Isabell Abrams, shoe dealer and grocery store owner, 1893 425 E. Jefferson St., John & Catherine Sueppel, owner, Sueppel's Grocery and Catherine Sueppel Clothier and Furnisher, 1876 428 E. Jefferson St., Warren & Anna Irons, no occupation, ca. 1921 430 E. Jefferson St., Janet & Henry Kohrt, / Phi Rho Sigma Annex, 1924 431 E. Jefferson St., Foster, Laura & William, no occupation /Kappa Kappa Gamma Sorority House & Zeta Tau Alpha Sorority House, ca. 1894 North Dubuque Street 115 N. Dubuque St., Burkley Place North Apartment Building, ca. 1925 North Gilbert Street 22 N. Gilbert St., Hugh & Margaret Smith, partner, Smith & Cilek Hardware Store 24 N. Gilbert St., Thomas Moore, no occupation, ca. 1905 114 N. Gilbert St., Joseph & Ludmila Barborka , retired jeweler, 1901 115 N. Gilbert St., Wm. Bostick, ca. 1850 and later, George & Mary Rohret, retired farmer 119 N. Gilbert St„ Mollie Englert, widow of George Englert, owner, City Brewery, ca. 1900 120 N. Gilbert St., Alois & Esther Smith, brewmaster, Iowa Brewing Co. (former Dostal Brewery), ca. 1908 125 N. Gilbert St., Jacob & Sarah Goldberg, grocery store owner, ca. 1922 United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 17 Jefferson Street Historic District Johnson County, IA Name of Property County and State North Van Buren Street 21 -25 N. Van Buren St., Unnamed House, ca. 1875 109 N. Van Buren St., William Graf, proprietor, Graf Bottling Works, 1920 117 N. Van Buren St., John Messner, partner, Messner, Koza & Co., meat market, ca. 1911 The Architecture of the Jefferson Street Historic District: The mix of residences, apartment buildings, churches, and collegiate buildings in the Jefferson Street Historic District provides a representative sampling of architectural styles and vernacular forms typical of late 19th and early 20th century neighborhoods in Iowa City. At the same time, this mix of institutional architecture and domestic building stock provides a blend of architectural scale, materials, and designs that is rare within Iowa City. Churches and SUI owned buildings comprise the major architectural commissions in the Jefferson Street Historic District. The earliest building designed by an architect in the District is believed to be the Congregational Church at 30 N. Clinton Street (contributing, Photo #7, NRHP). A design for the church was commissioned in 1867 from Gurdon P. Randall (1821 -1888) of Chicago. Randall had apprenticed in the offices of Asher Benjamin of Boston before moving west in 1856. His 34 -year practice specialized in schoolhouses, churches, and courthouses throughout the Midwest. The same year that he designed the Congregational Church in Iowa City, he published A Handbook of Designs, Buildings. The Madison County Court House in Winterset, Iowa was completed the same year also but was destroyed by fire in 1875. The Union Park Congregational Church completed in Chicago (1869 and 1871), was among his other church designs.6 It is pictured to the right, its front fagade a nearly identical, but reverse, image of the Congregational Church in Iowa City! (see Photo #7) The Congregational Church is a well preserved example of the Gothic Revival Style of architecture found in religious buildings throughout the country after the Civil War. This building is an example of the side - steeple church form. It has an asymmetrical fror First Baptist Congregational Church, 60 N. Ashland Ave., Chicago 6Wesley I. Shank, Iowa's Historic Architects: A Biographical Dictionary, (Nevada, Iowa: University of Iowa Press), 1999, p. 201. Photo by Stephen Beal from Chicago Landmarks Web Site, available at hftp: / /www.ci.chi.ii.us /Landmarks /F /FirstBaptist.html. Accessed on November 5, 2003. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 18 Jefferson Street Historic District Johnson County, IA Name of Property County and State containing an octagon broached spire ornamented with small gabled windows located at the northwest corner of the building facing Clinton and Jefferson streets. The front fagade incorporates a smaller turret on the southwest corner that originally terminated in a pinnacle. The Gothic design's distinctive fenestration includes pointed or lancet arched windows in singles, pairs, or trios. The building has a stone foundation and the masonry walls are constructed of a locally produced reddish brown brick. Stone belt courses extend around the building between the raised basement and first floor and at three points around the tower. Brick pointed arches are inset in the walls of the tower as well. Facing the Pentacrest, the Congregational Church provides a dramatic landmark at the west entrance to the Jefferson Street Historic District. First Methodist Episcopal Church, undated8 'x 1 '11 .'. Architects for other churches in the District are not as clearly identified. St. Mary's Roman Catholic Church at 230 E. Jefferson Street (contributing, Photo #11) with its Romanesque Revival Style center steeple form was reportedly designed by Father Emonds, pastor at the church at the time of its construction in 1868 -69. The building's large footprint took advantage of the church reserve lot it occupied opposite the park. Like the Congregational Church, it was constructed of reddish brown brick with limestone trim. Its imposing church steeple centered on the front fagade was one of three that marked the skyline of East Jefferson Street by the turn of the 20'h century. When a rectory was added next door at 220 E. Jefferson Street (contributing, Photo #10) in 1891, it was also designed in the Romanesque Revival Style. The First Methodist Episcopal Church stood on another church reserve lot West of St. Mary's Church and Rectory. After several fires and partial reconstructions, the building was destroyed in 1906 in a fire that threatened conflagration in the densely developed neighborhood. Two years later a replacement church building was completed at 214 E. Jefferson Street (contributing, Photo #8). Though no specific architect has been identified for the replacement building that appears at the above, it is possible that the contracting firm for the church, Sheets & Freyder, also served as architect. This long- standing Iowa City building firm traced its roots to the carpentry shops of J. M. Sheets and partners Bernard Gesberg and August Hazelhorst in the mid -19th century. The men eventually merged operations as Sheets & Co. and became noted for their millwork production and contracting services. Business listings in city directories from before the turn of the 201" century through the 1920s listed the firm with "architects" as well as various builder specialties. Frank X. Freyder apparently served as the firm's architect. The firm completed construction and /or design contracts on a number of major commercial and institutional buildings including at least four other Iowa City churches. One of these, the German Methodist Episcopal Church (non- extant), was located at the southeast corner of Gilbert and Jefferson streets. 8Photo from Gerald Mansheim, Iowa City: An Illustrated History (Norfolk, Virginia: The Downing Company), 1989, p. 59. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 19 Jefferson Street Historic District Johnson County, IA Name of Property County and State At a quick glance, the massive side - steeple form and rusticated limestone walls of the 1908 First Methodist Episcopal Church suggest that the building is a Richardsonian Romanesque design. Closer examination identifies the church as an example of the Late Gothic Revival Style that was gaining national popularity on college campuses at the turn of the century such as Bryn Mawr, Princeton, West Point, the University of Chicago, and Duke University. Gothic pointed arches in the three entrance bays and the stained glass windows in the tower and sanctuary combine with steeply pitched gable roof peaks, crenellated towers, decorative roof ridge crestings, and tall chimneys to give the church its distinctive Gothic design. As was noted previously, growth of the State University of Iowa Medical School and related hospitals transformed a nearly three -block stretch of the south side of Jefferson Street beginning in the decade of the 1890s. The University employed architect that oversaw that change was the Des Moines firm of Proudfoot & Bird and its successor, Proudfoot, Bird & Rawson. The firm was headed by William T. Proudfoot (1860 -1928) and George W. Bird (1854 -1953) when it relocated to Des Moines in 1896. Harry D. Rawson (1873 -1934) joined the firm in 1910. During the first decades of the 20th century, the firm became established as "Iowa's preeminent early - twentieth- century architectural firm... noted for the high quality of their architectural design, their high level of professional competence, and the large number of completed commissions. i9 Among Proudfoot and Bird's best known SUI commissions are the four academic halls on the Pentacrest that surround Old Capitol — Schaeffer Hall (1902), MacBride Hall (1908), MacLean Hall (1912), and Jessup Hall (1924). The four Bedford stone buildings were designed in the Classical Revival Style with Beaux -Arts elements. When fire claimed the SUI Medical School Building that also stood on Capitol Square as Schaeffer Hall was nearing completion, SUI turned to Proudfoot & Bird to design a new Medical Laboratories Building (SUI Building #18, contributing, Photo #13) and Hall of Anatomy (SUI Building #19, Photo #12, contributing) along the south side of the 100 block of East Jefferson Street. The two buildings were completed between 1902 -1904 and also featured the use of Bedford stone in their Classical Revival designs. Further to the east along Jefferson Street, a complimentary set of hospital buildings was designed by Proudfoot and Bird for the University. The main hospital was designed in the Italian Renaissance Revival Style with red and buff colored brick combined with limestone trim and a red clay tiled roofs to achieve a less academic aesthetic. The main hospital and a series of additions (either non - extant or located outside of the District) were constructed between 1897 and 1914. Construction of the SUI Isolation Hospital in 1916 required a freestanding building, which was located at 325 Jefferson Street (contributing, Photo # 14). Rendered in the same Italian Renaissance Revival Style and polychromatic materials, its exterior remains largely unaltered in 2003. The third architect identified with buildings in the Jefferson Street Historic District was Orville H. Carpenter of Iowa City. Though at least three other buildings designed by Carpenter are already listed on the NRHP, most of what is known about his life and professional career has been uncovered only recently by historian and Iowa City Historic Preservation Commissioner Richard Carlson. Examinations of local newspapers and issues of American Contractor magazine for the years 1897 -1908 and 1897 -1930 respectively have identified at least three residences designed by Carpenter in the District.10 The buildings span the period 1905 -1907 and their designs demonstrate the transition between late Queen Anne Free Classic designs and American Four - Square plans that Carpenter's work was undergoing at this time. Orville H. Carpenter ( 1865 -1938) was born and grew up in rural Camanche in Clinton County, Iowa about 70 miles east of Iowa City. He attended public schools and one or more business colleges before beginning a career doing survey work for a civil engineering company in western Iowa in 1885. During the next decade he trayfled extensively, working for "some of the largest architectural firms in Buffalo, Philadelphia, Chicago, and other large cities.' It is not known whether or not 9Shank, p. 127. 10 Richard Carlson, Iowa City Historic Preservation Commissioner, Email interview re: study of Iowa City buildings as recorded in Iowa City newspapers, 1897 -1908, and study of O.H. Carpenter buildings, 1897 —1930, November, 2003. 11 Richard Carlson, Iowa City Historic Preservation Commissioner, "Orville H. Carpenter (1865- 1938), Iowa City Architect," United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 20 Jefferson Street Historic District Johnson County, IA Name of Property County and State Carpenter received any formal training in architecture or engineering. By 1895 he had returned to Clinton County where he was apparently working as an engineer, architect, or both. In late 1898 Carpenter moved to Iowa City to open an architectural practice. A published account of his work in The Commercial Magazine in 1898 featured photographs of five completed residences in Iowa City suggesting that his work had likely commenced in Iowa City sometime before he made the decision to relocate there. The dearth of professional architects in Iowa City at the time was a likely factor in drawing Carpenter to Iowa City. This was coupled with the fact that in Clinton County, several competent architects already had established practices and the local economy was experiencing a decline. Carpenter appears in city directory business listings from 1899 through 1936. A comprehensive review of local newspapers underway in 200312 has identified at least three residences designed by Carpenter in the Jefferson Street Historic District. They include the Justine Mueller House at 420 E. Jefferson Street (contributing, Photo #4), the Falk Rental House at 403 E. Jefferson Street (contributing), and the Thomas and Martina Brown House next door at 405 E. Jefferson Street (contributing). The Mueller House is the earliest completed in ca. 1905 and is also the most elaborate of the three residences. It is a well preserved example of a variation of the popular late 19th century Queen Anne Style that Carpenter used for many of his early Iowa City residential designs. Its solid, hipped -roof mass incorporated classical elements such as a keystone arched Palladian window in the attic gable, modillion style porch brackets, heavy turned balusters, and paneled columns. As such, the house typified other late Queen Anne "Free Classic" residential designs by Carpenter in Iowa City. The other Jefferson Street houses by Carpenter are examples of the American Four - Square plans that he frequently designed in the years leading up to and following World War I. The Falk House and Brown House are two of the earliest Four - Squares that Carpenter is known to have designed. Both feature typical elements of this form incorporated in Carpenter plans including hipped or pyramidal roofs, attic dormers, wide hipped roof front porches, and large double -hung sash in singles and groups. Three other O.H. Carpenter residences near the Jefferson Street Historic District are individually listed on the NRHP - the Benjamin F. and Bertha (Horack) Shambaugh House built at 219 N. Clinton Street in 1902 and moved to 430 N. Clinton Street in 2002, the Arthur Hillyer Ford House completed in 1908 at 228 Brown Street, and the Emma Harvat and Mary Stach House at 332 E. Davenport Street completed a decade later in 1918. The Shambaugh House is an example of the Free Classic Queen Anne form favored by Carpenter for his earlier designs while the Ford House is an example of the Mission Style. The Harvat - Stach House is an eclectic blend of Colonial Revival, Georgian Revival, and Prairie School. At least eight Carpenter houses have also been identified in the proposed Gilbert- Linn Street Historic District located several blocks north of the Jefferson Street Historic District. O.H. Carpenter's architectural career included more than residences such as those documented in and around the Jefferson Street Historic District. Commercial and institutional projects including downtown business blocks, fraternal halls, and schools were among his work in Iowa City and in southeast Iowa. Carpenter's architectural practice continued through the 1920s and early 1930s though examples of his work became more rare, perhaps due to his age. In 1938 he died while continuing to reside in Iowa City. As was noted earlier in this section, much if not most of the domestic building stock in the Jefferson Street Historic District was constructed without the benefit of custom, architect - designed plans. The presence of only a handful of professional architects in Iowa City during the 19th century contributed to the dearth of professionally designed dwellings along Jefferson Street. Newspaper advertisements of builders at the turn of the 20th century promote the idea residences constructed by design /build firms. This idea was further encouraged by the tradition in American homebuilding that saw house designs frequently spring from sources other than architects. In some cases, popular house plans passed from generation to November 18, 2003 draft; "O.H. Carpenter," Daily Iowa State Press (Iowa City, Iowa), Special Edition, May 31, 1899, p. 6. 12 Richard Carlson, Iowa City Historic Preservation Commissioner, Email interview re: study of Iowa City buildings as recorded in Iowa City newspapers, 1897- 1908, and study of O.H. Carpenter buildings, 1897 -1930, November, 2003. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 21 Jefferson Street Historic District Johnson County, IA Name of Property County and State generation embellished with ornamentation and design features of their richer, architect- designed cousins. In other instances, the favored forms of individual carpenters or masons were modified based on stylistic trends of the day and built for new customers. In the Jefferson Street Historic District, examples of each of these homebuilding trends can be identified. The three houses identified as O.H. Carpenter designs are evidence of the presence of professionally designed dwellings in the District. Although specific architects have not been identified for other houses such as St. Mary's Rectory at 220 E. Jefferson Street (contributing, Photo #10) or the Sueppel House at 425 E. Jefferson Street (contributing, Photo #3), it is likely that professionals contributed to their designs. Two dwellings are examples of the adaptation of a popular house plan passed down from generation to generation. Both the William Bostick House at 115 N. Gilbert Street (contributing, Photo #1, NRHP) and the Robert and Julia Hutchinson House at 318 E. Jefferson Street (contributing) are examples of the adaptation of the I -House form. In both cases the two -story, side - gabled houses were constructed of brick but in the earlier Bostick House built in 1850, the building incorporated Greek Revival Style windows, arches, and entrance treatment. In the Hutchinson House built about fifteen years later, the same house form incorporated the robust ornamentation of the Italianate Style for cornice brackets and porch trim. Robert had first settled in Iowa City in 1839 soon after its founding working as a carpenter and joiner. He was credited with erecting the town's first log house. During the California gold rush he went west but returned a few years later no richer for the trouble. Hutchinson's experience as a carpenter likely encouraged him to chose a house form that was both pleasing and flexible. Other houses constructed in the Jefferson Street Historic District drew inspiration from architectural styles and vernacular forms that swept the country from the 1880s through the 1920s. Homebuilders for these houses turned to pattern books and design catalogues that were readily available from local lumber companies. After the turn of the 201h century, residents may have turned to manufacturers of pre -cut houses such as Aladdin Homes, Montgomery Ward, Sears Roebuck and Company, and Iowa's own Gordon -Van Tine Company. Another source of vernacular home designs were the plans offered through plan services such as the Home Owners Service Institute or pattern books published by Ray Bennett, Gustav Stickley, Herbert C. Chives, the Radford Architectural Co., or Harris, McHenry & Baker. The case of the Gordon -Van Tine Company headquartered in Davenport, Iowa is worth examining. The company advertised nationally selling construction materials to builders beginning in 1906. By 1910 the company offered house plans and were among the first companies in the country to offer fully pre -cut houses. The company's catalogues allowed the homebuyer to select from among dozens of floor plans, finishes, design features, and equipment choices. The Gordon -Van Tine Company knew of the brisk market for residential construction in other Iowa communities before and after World War I regularly placing advertising in local newspapers and sending traveling salesmen throughout the state. The most popular vernacular house form in the Jefferson Street Historic District was one frequently promoted by the Gordon -Van Tine Company — the American Four - Square. Ten separate buildings using this form were built in the District in the years leading up to and immediately following World War I. The Gordon -Van Tine Company included 18 separate plans in the American Four - Square house form in its 1923 catalogue seeking to capture the interest of homebuilders with such descriptive phrases as "An Impressive Colonial Home," "A Big 6 Room House at a Low Price," "A Big Square Home — Four Bed Rooms," "Substantial Two -Story Home," "An Every Popular Home of Fine Proportions," "Impressive Home — A Space and Money Saver," "A Substantial Seven Room House," and "A Square House with Big Comfortable Rooms. "13 13117 House Designs of the Twenties, Gordon -Van Tine Co., (New York: Dover Publications, Inc. and Philadelphia: The Athenaeum of Philadelphia), 1992. (reprint of Gordon -Van Tine Homes, originally published by the Gordon -Van Tine Co., Davenport, Iowa, 1923), pp. 37, 52, 66, 81, 82, 86, 87, and 99. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 22 Jefferson Street Historic District Johnson County, IA Name of Property County and State As noted above, the American Four - Square was the most common house form in the Jefferson Street Historic District. Common characteristics included a two -story, three -bay configuration; hipped roof of various pitches; hipped, shed or gable attic or wall dormer(s) on one or more fagades; porches generally extending across the entire front facade; asymmetrically placed entrance door (common); a cottage window on first floor (common); double -hung windows or groups of windows on upper floors and secondary fagades with either 1/1, 4/1, 5/1 or 6/1 configurations; belt courses separating first and second floors; and differing materials on each level (common). The typical plan for a Four - Square featured four rooms on the first floor usually including an entrance hall with stairs to the second floor, a cased opening between the living room and dining room, and a spacious kitchen. The upper level contained a bathroom and either three or four bedrooms. Examples in the District were built for a range of budgets with the smallest examples containing less than 700 square feet per floor, moderate examples sized from 800 to 900 square feet, and a few large houses containing more than 1,000 square feet per floor. Although the use of pattern book houses in the Jefferson Street Historic District has not been documented, the presence of 10 examples of the American Four - Square form makes it likely that one or more were the result of catalogue or pattern book selections. Contributing and Non - Contributing Resources: The Jefferson Street Historic District contains a total of 44 buildings with 41 contributing primary and secondary buildings. Of these, 22 are key or individually significant (21 primary and 1 secondary). The balance of the District includes 1 non- contributing primary building and 2 non - contributing secondary buildings. Five buildings are listed on the National Register of Historic Places: the Congregational Church in 1973, the Park House /St. Agatha's Seminary in 1978, St. Mary's Church and St. Mary's Rectory in 1995, and the William Bostick House in 1996. Integrity requirements used to determine contributing and non - contributing designation for both primary and secondary buildings in the Jefferson Street Historic District were developed using National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation. Individual building evaluations were consistent with local standards further refined as a part of surveys and multiple property documentation forms completed in 1992 -1994 and 1999 -2000 listed below "Historic Resources of Iowa City, Iowa MPS," prepared 1992, listed NRHP 1994 Amendment to "Historic Resources of Iowa City, Iowa MPS" for "Architectural and Historical Resources of Original Town Plat Neighborhood (Phase II), 1845 — 1945," prepared 1999, listed NRHP 2000 Amendment to "Historic Resources of Iowa City, Iowa MPS" for "Architectural and Historical Resources of Iowa City Central Business District, 1855 — 1945," prepared for the Iowa City Historic Preservation Commission 2000 (not submitted to the National Park Service) By definition, historic districts are collections of buildings that when considered as a group rather than individually possess a sense of time and place. They may have a shared building type, style, form, or material. They have a common period of significance that may extend over a few years or decades. They consist of contiguous properties or multi -block areas with relatively few intrusions. Integrity for individual buildings as well as the setting as a whole should be high. The Jefferson Street Historic District meets these requirements. Individual buildings were evaluated and ranked according to one of three designations: 1) key contributing, 2) contributing or 3) non - contributing. For single or multi - family buildings (including sorority houses, rectories, convents, rooming houses, and apartment buildings) to be designated as "key contributing," they had to be substantially unaltered and retain their original appearance in shape, proportions, and roofline. Principal fagades had to remain intact and largely unchanged. If synthetic United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 23 Jefferson Street Historic District Johnson County, IA Name of Property County and State siding has been installed it was considered acceptable if the width matched that of the original surfaces and few architectural features had been compromised by its installation. Original porches were required to be intact, windows had to remain unchanged except for the installation of metal storm windows, and primary entrances had to remain consistent with the original design. Single- family or multi - family buildings designated as "contributing" retain their original form and massing. Examples of acceptable alterations are as follows. Porches may be enclosed but the original columns remain visible or the enclosure is easily reversible with little or no damage to the massing and proportions of the original porch. The majority of windows remain unchanged but if altered, the sizes of window openings conform to those of original openings. Any wings or additions made to a house are subordinate to the original structure and do not cover significant architectural detailing. For secondary structures such as garages, changes considered acceptable for contributing status include the replacement of garage doors. Residential buildings designated as "non- contributing" include all structures built outside of the period of significance —1850 to 1954. Buildings altered to such a degree that the original structure is no longer readily identifiable are also considered non - contributing. Examples of significant changes include a change in roofline, porch enclosures of a non - reversible nature, major additions or modifications of primary facades, and moving of a building outside of the period of significance. The balance of the buildings in the Jefferson Street Historic District fall into the category of institutional buildings. These larger buildings include churches, education buildings, and hospitals and were evaluated and ranked according to the same three designations of key contributing, contributing, or non - contributing. If an institutional building is designated as a "key contributing" resource, its primary facades are substantially unaltered and retain their original appearance in shape, proportions, and roofline. A church, for example, retains its original shape and proportions with original window openings, doors, spires, and other architectural features preserved. Construction materials for foundations, walls, and windows remain original. The use of modern roofing materials is an acceptable alteration. New additions or wings are considered acceptable if they are located along secondary facades, have sympathetic design elements, and are constructed of compatible building materials. Such additions do not preclude a building from being considered a key contributing resource. In general, modifications made more than 50 years ago are accepted as part of the historic appearance of a building. Similar integrity standards apply to other institutional buildings including those built as academic halls and hospitals within the District. Changes to primary entrances, important window openings, and rooflines result in institutional buildings being considered either "contributing" rather than "key contributing" or "non- contributing" depending on the level of change. The final issue of building integrity involves moved buildings. National Register standards generally preclude moved buildings from being considered either key contributing or contributing. The assumption is that a move detracts from a building's significance by destroying its original setting and context. On the other hand, moves made during the period of significance are treated as historic alterations if the settings and context are similar to original locations. The moving of buildings in North Side neighborhoods in Iowa City in the decades prior to World War II has been documented as a common residential development practice. Building alterations considered acceptable for moved buildings include changes in foundation materials, changes in porches built after a move, some entrance modifications, and some changes in building orientation. Moves were considered detrimental if they resulted in the loss of significant architectural elements. A list of buildings in the Jefferson Street Historic District appears on the following page. Buildings are separated into primary (church, education hall, hospital, single - family house, or multi - family building) and secondary (carriage house or garage). If no box is marked under the secondary building columns for a particular address, no garage or carriage house is present. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 24 Jefferson Street Historic District Johnson County, IA Name of Property County and State Jefferson Street Historic District — Contributing and Non - Contributing Resources # STREET ORIGINAL/ LONG- DATES PRIMARY BLDG. STATUS SECONDARY BLDG. STATUS ARCH. STYLE - TERM OWNER(s) Contributing Key Non - Contributing Contributing Non - Contributing VERNACULAR FORM 30 N. Clinton St. First Congregational 1868 Key Gothic Revival Church NRHP 115 N. Dubuque St. Burkley Place North ca. 1925 C No Style Apartment Building 22 N. Gilbert St. Smith, Hugh & ca. 1910 C Am. Four - Square Margaret/Chase Roominq House 24 N. Gilbert St. Moore, Thomas ca. 1905 C Am. Four - Square 114 N. Gilbert St. Barborka, Joseph & 1901 Key Colonial Revival/ Ludmila Cross Gable 115 N. Gilbert St. Bostick, Wm. /Rohret, ca. 1850 Key Greek Revival/Slde- Geor e & Mary NRHPI Gabled Two-Story 119 N. Gilbert St. Englert, Mollie ca. 1900 C Gable -Front and Wing 120 N. Gilbert St. Smith, Alois & Esther ca. 1908 Key Colonial Revival /Am. Four-Square 125 N. Gilbert St. Goldberg, Jacob & ca. 1922 C NC Craftsman/ Sarah Am. Four-Square 104 E. Jefferson St. Newman Catholic 1988 NC Modern Movement Center (with St. Mary's (Italian Renaissance Convent win Revival convent win 119 E. Jefferson St Hall of Anatomy 1902 Key Classical Revival SUI Building #19 (Biological Sciences Libra 121 E. Jefferson St Medical Laboratory 1902 Key Classical Revival SUI Building #18 Building (Zoology Bldg./Biology Id g.) 130 E. Jefferson St. Park House /St. 1852/ Key Second Empire A atha's Semi ary ca. 1875 NRHP 214 E. Jefferson St. First Methodist 1908 Key Gothic Revival Episcopal Church (First United Methodist Church 220 E. Jefferson St. St. Mary's Rectory 1891 Key Romanesque Revival NRHP 230 E. Jefferson St. St. Mary's Roman 1867/ Key Romanesque Re Catholic Church 1907 NRHP 302 E. Jefferson St. McCabe, Hugh & ca. 1925 C Craftsman/Bungalow Josephine 306 E. Jefferson St. Thoman, Mary C Side - Gabled Two Sto /Craftsman 318 E. Jefferson St. Hutchinson, Robert & ca. 1875 Key C Italianate/ I -House Julia 320 E. Jefferson St. Englert, John & ca. 1885 Key Queen Anne /Gable- Ma dalena Front and Win 324 E. Jefferson St. Englert, Clarence & 1940 C C Gable -Front and Wing Marie 325 I E. Jefferson St.! SUI Isolation Hospital 1916 Key Italian Renaissance SUI Buildin #20 Revival United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 25 Jefferson Street Historic District Johnson County, IA Name of Property County and State # STREET ORIGINAL/ LONG- DATES PRIMARY BLDG. STATUS SECONDARY BLDG. STATUS ARCH. STYLE - TERM OWNER(s) Contributing Key Non - Contributing Contributing Non - Contributing VERNACULAR FORM 328 E. Jefferson St. Rohret, Mary 1911 Key Am. Four - Square 403 E. Jefferson St. Falk Rental House 1907 Key Am. Four - Square 404 E. Jefferson St. St. Paul's Lutheran 1926 Key Eclectic/Tudor Revival Church & Collegiate Gothic 405 E. Jefferson St. Brown, Thomas & 1906 C Am, Four - Square Martina 409- E. Jefferson St. Beermaker, Andrew & ca. 1883 C Side - Gabled Two - 411 Mary Story 413 E. Jefferson St. Beermaker rental ca. 1892 C Side - Gabled Two - house Story 415 E. Jefferson St. Lucas, F.A. ca. 1868 C Front - Gabled One Story 420 E. Jefferson St. Mueller, Justine 1905 Key Key Colonial Revival/ Am. Four-Square/ 424 E. Jefferson St. Abrams, David & 1893 Key Front - Gabled Two Isabell Story 425 E. Jefferson St. John & Catherine 1876 Key NC (same Queen Anne /Front- Sueppel House garage as at 415 Gabled Two Story E. Jefferson & 21 -25 Van Buren 428 E. Jefferson St. Irons, Warren & Anna ca. 1921 C C Am. Four - Square 430 E. Jefferson St. Kohrt, Janet & Henry/ 1924 Key Am. Four - Square Phi Rho Sigma Annex 431 E. Jefferson St. Foster, Laura & ca. 1894 C Queen Anne William /Kappa Kappa Gamma Sorority House & Zeta Tau Alpha Sorority House 21 -25 N. Van Buren St. Unnamed House ca. 1875 C Front - Gabled Two to 109 N. Van Buren St. Graf, William 1920 C Craftsman /Bungalow 117 N. Van Buren St. Messner, John & Mary ca. 1911 Key _ Am. Four - Square Summary: In summary, the Jefferson Street Historic District is locally significant under Criteria A and C. Under Criterion A it derives significance from its association with an important era of population growth and intense residential development in Iowa City's North Side residential areas at the end of the 19th century and the beginning of the 20th century. Iowa Citians built private residences for their growing families while small -scale developers constructed housing to meet the demand of a brisk rental market during these decades. Jefferson Street's organic development followed this pattern of residential development. Additional significance under Criterion A derives from the institutional buildings — both religious and collegiate — that were constructed along Jefferson Street from the 1860s through the 1920s. The street's many churches became social centers for the community and the neighborhood. Growth in importance of the nearby State University of Iowa beginning in the 1890s saw construction of new medical school buildings and hospitals along East Jefferson Street. The resulting mix of institutional buildings and residences gave Jefferson Street a unique character among Iowa City's neighborhoods. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 8 Page 26 Jefferson Street Historic District Johnson County, IA Name of Property County and State Under Criterion C the Jefferson Street Historic District is significant as a representative collection of the architectural styles and vernacular house forms that appeared in Iowa City neighborhoods from the 1850s through the 1930s. The juxtaposition of 11 different architectural styles and vernacular forms employed for single - family dwellings, rooming houses, apartment buildings, churches, academic halls, and a hospital testifies to the architectural diversity of the District. The combination of visual qualities and historical associations gives the Jefferson Street Historic District its distinct neighborhood identity and significance. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 9 Page 27 Jefferson Street Historic District Johnson County, IA Name of Property County and State 9. Major Bibliographical References: 917 House Designs of the Twenties, Gordon -Van Tine Co. New York: Dover Publications, Inc. and Philadelphia: The Athenaeum of Philadelphia, 1992. (reprint of Gordon -Van Tine Homes, originally published by the Gordon - Van Tine Co., Davenport, Iowa, 1923). Atlas of Johnson County, Iowa. [Publisher unknown] 1917. Atlas of Johnson County, Iowa. Davenport, Iowa: The Huebinger Survey & Map Publishing Co., 1900. Atlas of Johnson County, Iowa. Iowa City, Iowa: J. J. Novak, 1889. Aurner, Clarence Ray. Leading Events in Johnson County, Iowa History, Volumes 1 and 2. Cedar Rapids: Western Historical Press, 1912. Baxter, Elaine. Historic Structure Inventory, North Side Neighborhood Preservation Study. Iowa City, Iowa: University of Iowa. Institute of Urban and Regional Research, 1977. Bercovici, Konrad. On New Shores. New York: The Century Co., 1925. "Buildings East of the Pentacrest" compiled by Dan Hurd, University of Iowa, Facilities services Group, Design & Construction Services, September 26,2000. Carlson, Richard, Iowa City Historic Preservation Commissioner. Email interview re: study of Iowa City buildings as recorded in Iowa City newspapers, 1897 -1908, and study of O.H. Carpenter buildings in The American Contractor, 1897 - -1930, November, 2003. Carlson, Richard, Iowa City Historic Preservation Commissioner. "Orville H. Carpenter (1865- 1938), Iowa City Architect," November 18, 2003 draft. The Census of Iowa for the years 1856, 1873, 1875, 1880, 1885, 1885, 1887, 1889, 1895, 1905, 1915, and 1925 as printed by various State Printers. Census of the United States for 1850 to 2000. City Directories of Iowa City, Iowa. Multiple years. Combination Atlas and Map of Johnson County, Iowa. Geneva, Illinois: Thompson & Everts, 1870. Drury, John. This is Johnson County, Iowa. Chicago: The Loree Company, 1955. Eckhardt, Patricia Ann Lacey. "Proudfoot and Bird, Campus Architects: Building Facilities for Professional Education at the University of Iowa, 1898 - 1910." Ph.D. dissertation, University of Iowa, 1990. Ellis, Edwin Charles. "Certain Stylistic Trends in Architecture in Iowa City." Unpublished M.A. Thesis, University of Iowa, 1947. Gebhard, David, and Gerald Mansheim. Buildings of Iowa. New York: Oxford University Press, 1993, pp. 259 -264. Gerber, John C. A Pictorial History of the University of Iowa, Iowa City, Iowa: University of Iowa Press, 1988. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 9 Page 28 Jefferson Street Historic District Johnson County, IA Name of Property County and State Gottfried, Herbert and Jan Jennings. American Vernacular Design, 1870 — 1940. New York: Van Nostrand Reinhold Company, 1985. History of Johnson County, Iowa containing a history of the county and its townships, cities and villages from 1836 to 1882. Evansville, Indiana: Unigraph, Inc., ca. 1973, 1883. Insurance Maps of Iowa City, Iowa. (New York: The Sanborn Map Company and the Sanborn and Perris Map Company; 1874, 1879, 1883, 1888, 1892, 1899, 1906, 1912, 1920, 1926, 1933, and 1933 updated to 1970). "Iowa City, Iowa ". The Commercial Magazine, Vol. 1, No. 1, (January 1898). Iowa City, Iowa, Souvenir and Annual for 1881 -82. Iowa City, Iowa: Hoover, Kneedler & Faust, 1882. Iowa City and Her Business Men; Iowa's Most Enterprising City. Iowa City, Iowa: Moler's Printery, [Date Unknown], Iowa City, Iowa, a City of Homes. Iowa City, Iowa: Iowa City Commercial Club, 1914. Iowa Writers' Program of the Work Projects Administration. Johnson County History. Iowa City, Iowa: Johnson County Superintendent of Schools, sponsor, 1941. Jacobsen, James. "North Side Neighborhood, Iowa City, Iowa ". Draft National Register of Historic Places nomination prepared for Iowa City, Office of Planning and Program Development, Iowa City, Iowa, 1981. Keyes, Margaret N. Nineteenth Century Home Architecture in Iowa City. Iowa City, Iowa: University of Iowa Press, 1966. Lafore, Laurence Davis. American Classic. Iowa City, Iowa: State Historical Society of Iowa, 1975. McAlester, Virginia and Lee McAlester. A Field Guide to American Houses. New York: Alfred A. Knopf, 1992. Magnuson, Linda Westcott. "Sheets and Company, an Iowa City Builder /Architect Firm, 1870 - 1905." Masters thesis, University of Iowa, Iowa City, Iowa, 1980. Mansheim, Gerald. Iowa City: An Illustrated History. Norfolk, Virginia: The Downing Company, 1989. Map of Iowa City, Iowa, with Description of Resources and Natural Resources and Advantages. Des Moines, Iowa: The Iowa Publishing Co., 1910, Naumann, Molly Myers. "Survey and Evaluation of the Dubuque /Linn Corridor, Iowa City, Iowa ". Report prepared for the Iowa City Historic Preservation Commission, 1996. Nash, Jan Olive. "Survey and Evaluation of the Portion of the Original Town Plat of Iowa City, Johnson County, Iowa ". (contains proposed MPDF amendment for "Historic Folk Housing of Iowa City, Iowa ") Draft report prepared for the Iowa City Historic Preservation Commission, April 1997. "O. H. Carpenter," Daily Iowa State Press (Iowa City, Iowa), Special Edition, May 31, 1899, p. 6. Perl, Larry. Calm and Secure on the Hill: A Retrospective of the University of Iowa. Iowa City, Iowa: University of Iowa Alumni Association, 1978. Persons, Stow. The University of Iowa in the Twentieth Century. An Institutional History. Iowa City, Iowa: University of Iowa Press, 1990. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 9 Page 29 Jefferson Street Historic District _ Johnson County, IA Name of Property County and State Petersen, William John. "Iowa City — Then and Now." The Palimpsest Vol. 48, No. 2 (February 1967). Portrait and Biographical Record of Johnson, Poweshiek and Iowa Counties, Iowa. Chicago: Chapman Bros,, 1893. Richardson, Jim. The University of Iowa. Louisville, Kentucky: Harmony House Publishers, 1989. Ruger, A. "Bird's Eye View of Iowa City, Johnson County, Iowa." Chicago: Chicago Lithographing Company, 1868. "Semi- Centennial Edition." Iowa City Republican, October 20, 1890. Shambaugh, Benjamin F. Iowa City: A Contribution to the Early History of Iowa. M.A. Thesis, University of Iowa, Published by State Historical Society of Iowa, 1893. Shank, Wesley I. Iowa's Historic Architects: A Biographical Dictionary. Nevada, Iowa: University of Iowa Press, 1999. Stevenson, Katherine Cole and H. Ward Jandl. Houses by Mail: A Guide to Houses from Sears, Roebuck and Company. Washington, D.C.: The Preservation Press, 1986. Stromsten, Frank A. "The History of the Department of Zoology of the State University of Iowa" in Bios. Mt. Vernon, Iowa, March 1950, pp. 8 -30 Svendsen, Marlys. "Historic Resources of Iowa City, Iowa ". National Register of Historic Places Multiple Property Documentation Form prepared for the Iowa City Historic Preservation Commission, 1992. Svendsen, Marlys. "Survey and Evaluation of the Original Town Plat Phase II Area" and "Architectural and Historical Resources of Original Town Plat Neighborhood (Phase II), 1845 — 1945," (amendment to the "Historic Resources of Iowa City, Iowa MPS ") prepared for the Iowa City Historic Preservation Commission, 1999 -2000. Svendsen, Marlys. "Architectural and Historical Resources of Iowa City Central Business District, 1855 — 1945," (amendment to the "Historic Resources of Iowa City, Iowa MPS ") prepared for the Iowa City Historic Preservation Commission (not submitted to the National Park Service), 1999 -2000. Weber, Irving. Irving Weber's Iowa City — Volumes 1, 2, 3, 4, 5, 6, 7 and 8. Iowa City, Iowa: Iowa City Lions Club, 1976, 1979, 1985, 1987, 1989 and 1990. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number 10 Jefferson Street Historic District Name of Property 10. Geographical Data Verbal Boundary Description: Page 30 Within the City of Iowa City, Johnson County, Iowa: Johnson County IA County and State Beginning at the northwest corner of Block 79 in the Original Town Plat at the intersection of North Clinton Street and East Jefferson Street; thence south along the west side of Lot 4 to the south property line of the Congregational Church of Iowa City; thence east along said line approximately 120 feet; thence south approximately 80 feet along the west edge of University of Iowa campus to the south property line of Lot 3; thence east approximately 80 feet; thence north approximately 100 feet to the rear wall of the Medical Laboratory Building (also known as the Zoology Building and the Biology Building); thence east to the east property line of Lot 4 along North Dubuque Street; thence north to the centerline of East Jefferson Street; thence east along said centerline to a point located approximately 100 feet west of the northeast corner of Block 60 extended; thence south along said line to a line along the rear wall of the Isolation Hospital Building (also known as the Music Building); thence east along the rear wall to the east side of North Gilbert Street; then south along the west side Lot 4 of Block 45 to the north side of the alley; thence east along the north side of the alley to the west side of North Van Buren Street; thence north along the west side of said street to the south side of the alley in Block 46; thence west to the east line of Lot 4; thence north along said line approximately 40 feet; thence west across North Gilbert Street to the east side of Block 59; thence north approximately 40 feet; thence west to the west line of Lot 1; thence south to the south side of the alley; thence west along said alley to the east side of North Clinton Street; thence south along the east side of said street to the point of beginning. Boundary Justification: The boundary for the Jefferson Street Historic District relates to the surviving group of historic resources located along East Jefferson Street, which is situated midway north and south between the Market Street commercial area and the central business district. This section of Jefferson Street includes a mix of residential, church, and collegiate buildings that visually relate the development story of this portion of Iowa City. A nearly two block long stretch of the south side of Jefferson Street that includes academic halls of the University Iowa is excluded from the District because these buildings are not part of the period of significance of the Jefferson Street Historic District or, as in the case of the former SUI Main Hospital, have been so modified as to no longer qualify for the NRHP. The west boundary of the District along North Clinton Street was drawn to exclude portions of the adjoining University of Iowa campus that do not relate to the historic development of the District. Southwest of the Jefferson Street District, the Pentacrest Historic District (NRHP) and Old Capitol NHL block are located. The east boundary of the District was established along North Van Buren Street with the blocks further east noted for their significant loss in building integrity. A key factor in drawing this boundary was the loss of the former Center Market square as a result of construction of a multi -story parking ramp to serve nearby Mercy Hospital. United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number Photographs Page 31 Jefferson Street Historic District Johnson County, IA Name of Property County and State Photograph Key for Jefferson Street Historic District: (See Photo Map, page 35) Shelley McCafferty, and Jessica Hlubek, photographers 1. Bostick - Rohret House, 115 N. Gilbert Street, looking west 2. John & Magdalena Englert House, 320 E. Jefferson Street, looking north 3. John & Catherine Sueppel House, 425 E. Jefferson Street, looking south southwest 4. Justine Mueller House, 420 E. Jefferson Street, looking north northeast 5. Mary Rohret House, 328 E. Jefferson Street, looking north 6. John & Mary Messner House, 117 N. Van Buren Street, looking west 7. Congregational Church, 30 N. Clinton Street, looking southeast 8. First Methodist Episcopal Church (First United Methodist Church), 214 E. Jefferson Street, looking northeast 9. Park House /St. Agatha's Seminary, 130 E. Jefferson Street, looking northwest 10. St. Mary's Rectory, 220 E. Jefferson Street, looking north 11, St. Mary's Roman Catholic Church, 230 E. Jefferson Street, looking north 12. SUI Hall of Anatomy, 119 E. Jefferson Street/SUI Building # 19, looking north 13. SUI Medical Laboratory Building, 121 E. Jefferson Street/SUI Building #18, looking southwest 14. SUI Isolation Hospital, 325 E. Jefferson Street/SUI Building #20, looking northwest 15. St. Paul's Lutheran Church, 404 E. Jefferson Street, looking northwest United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number Property Owners Jefferson Street Historic District Name of Property Page 32 Johnson County, IA County and State Property Owners within the East Jefferson Street Historic District # STREET TITLEHOLDER TITLEHOLDER ADDRESS CITY STATE ZIPCODE CONTRACT BUYER(S) 30 N. Clinton St. Congregational Church of Iowa City 30 N. Clinton St. Iowa City IA 52245 115 N. Dubuque St. Julie K. Hodge 711 S. Gilbert St. Iowa City IA 52240 22 N. Gilbert St. Morrissey Partnership 800 2" St. Suite 500E Coralville IA 52241 24 N. Gilbert St. Morrissey Partnership 800 2 nd St. Suite 500E Coralville, IA 52241 114 N. Gilbert St. John R. & Erma M. Alberhasky 1150 Jefferson St. Iowa City IA 52245 115 N. Gilbert St. Steven & Barbara Van Der Woude 509 Brown St. Iowa City IA 52245 119 N. Gilbert St. 122 Building Co. c/o Van Der Woude 509 Brown St. Iowa City IA 52245 120 N. Gilbert St. John R. & Erma M. Alberhask 1150 Jefferson St. Iowa City IA 52245 125 N. Gilbert St. Stephen M. Baker 927 Duck Creek Dr. Iowa City IA 52246 104 E. Jefferson St. Diocese of Davenport 2706 Gaines Davenport IA 52804 119 E. Jefferson St SUI Building #19 University of Iowa 121 E. Jefferson St SUI Building #18 University of Iowa 130 E. Jefferson St. Parkhouse LC 711 S. Gilbert St. Iowa City IA 52240 214 E. Jefferson St. First Un. Methodist Church 214 Jefferson St. Iowa City IA 52245 220 E. Jefferson St. St. Mary's Catholic Church 220 Jefferson St. Iowa City IA 52245 230 E. Jefferson St. St. Mary's Catholic Church 220 Jefferson St. Iowa City IA 52245 302 E. Jefferson St. St. Mary's Catholic Church 302 E. Jefferson St. Iowa City IA 52245 306 E. Jefferson St. St. Mary's Catholic Church— c/o Keystone Prop. M mt. 112 501 Street PI. Coralville IA 52241 318 E. Jefferson St. Marc B. Moen 123 N. Linn St. Iowa City IA 52245 320 E. Jefferson St. William L. Dull 320 Jefferson St. Iowa City IA 52245 324 E. Jefferson St. Michael N. & Joan M. Hart 848 Jennifer St. Madison WI 53703 325 E. Jefferson St./ SUI Building #20 University of Iowa 328 E. Jefferson St. Steven & Barbara Van Der Woude 509 Brown St. Iowa City IA 52245 403 E. Jefferson St. Morrissey Partnership 8002 n St. Suite 500E Coralville IA 52241 404 E. Jefferson St. St. Paul's Lutheran Church 404 Jefferson St. Iowa City IA 52245 405 E. Jefferson St. Philip Launspach 136 Koser Ave. Iowa City IA 52246 409- 411111 E. Jefferson St. John O. & Joellen S. Roffman 1314 Burry Dr. Iowa City IA 52246 413 E. Jefferson St. John O. & Joellen S. Roffman 1314 Burry Dr. Iowa City IA 52246 415 E. Jefferson St. Jane E. & Kevin Deets 4656 Fox Lane NE Iowa City IA 52240 420 E. Jefferson St. Steven & Barbara Van Der Woude 509 Brown St. Iowa City IA 52245 424 E. Jefferson St. W.C. Winkel 424 Jefferson St. Iowa City IA 52245 425 E. Jefferson St. Donna M. Launspach PO Box 1306 Iowa City IA 52244 428 E. Jefferson St. Steven L. Droll 3312 Arbor Dr. Iowa City IA 52245 430 E. Jefferson St. Neita V. Cochran 430 Jefferson St. Iowa City IA 52245 431 E. Jefferson St. Donna M. Launspach PO Box 1306 Iowa City IA 52244 21 -25 N. Van Buren St. Andrew Small 25 N. Van Buren St. Iowa City IA 52245 109 N. Van Buren St. Michael J. Haverkamp 109 N. Van Buren St. Iowa City IA 52245 117 N. Van Buren St. Ralph D. Ramer & Larry G. Ramer 117 N. Van Buren St. Iowa City IA 52245 United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number Maps Page 33 Jefferson Street Historic District Johnson County, IA Name of Property County and State Map Showing Location of Jefferson Street Historic District (Transportation Map, Iowa Department of Transportation, 2002) N TO CEDAR RAPIDS TO CEDAR RAPIDS WA CITY FOREVF96RtEfd RD Jefferson Street CORALVILLE 21$ ;GGHArVtf<l.l . 9b5 Historic District SCAL -1 OF MALF; !war rb• �i ,a 1.,2 t Na NN �w,uniNwl uw IcK information call R'Ova S O information, s n coil 319 -356 -5151 5r. lu, 0 B.1iC7N ISENTU N o UNIVERSITY " �a ,1 HEIGHTS u 218 TO M7Z, P EASANT> Hlckory W1 = Park TIER w iO � 11� caURT ST. r < AVE. t K • .:rod A . c u. CON M 2 United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number Maps Page 34 Jefferson Street Historic District Johnson County IA Name of Property County and State E t Sketch Map of East Jefferson Street Historic District N United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES Continuation Sheet Section Number Maps Page 35 Jefferson Street Historic District Johnson County IA Name of Property County and State Photo Map of East Jefferson Street Historic District A N t� 3T` Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319- ,`5240NEZ12-�0027) ORDINANCE NO. f " REZO G ORDINANCE TO DESIGNATE THE JEFFERSON STREET .NA NAL; REGISTER HISTORIC DI S ICT AS A HISTORIC PRESERVATION OVERLAY (OHP) ZONE. (REZ12 -0047) WHEREAS, t applicant,. the Iowa City Historic Preservation Commission, 's requested approval of a zoning ordinance to esignate the Jefferson Street National Register His oric District as a Historic Preservation Overlay (O ) zone; and WHEREAS, the pro d Jefferson Street Historic District has b/een on the National Register of Historic Places; and WHEREAS, Iowa City His is Preservation Plan, contained in City Comprehensive Plan, supports this designation due t o th igh concentration of historic buildWHEREAS, the Central Distric Plan shows the area as a minstitutional uses, including university buildings and religious institu ns and a mixed use area of l and commercial buildings, and the mixed use zoning that applies to uch of this areas was speveloped for Jefferson Street as a way of encouraging the preservatio of current buildings by them to be used for either residential or commercial uses; and WHEREAS, the City's Strategic-Plan contai the goal of stab core; and � WHEREAS, the establishment of a local histo ' district wolel preserving the historic building stock; and WHEREAS, the Iowa City Municipal Code aut i recommend and the City Council to designate historic di preserving the neighborhood character of traditional Iowa exemplify unique or distinctive development patterns; and WHEREAS, the Historic Preservation Commission b Historic District will help stabilize one of Iowa City's old s exterior changes, building demolition, and new constru do character of the district, and will preserve the neighbor ood neighborhoods surrounding the city further implement the City's policies of the Historic Preservation Commission to where deemed appropriate, as a means of neighborhoods, or for preserving areas that ieve that the designation of the Jefferson Street neig orhoods by providing for design review of 1, which will assure compatibility with the existing for future esidents of Iowa City; and WHEREAS, the Planning and Zoning Commissi believes that d ignating the Jefferson Street Historic District is in accordance with the Comprehensive P n the Zoning Cod and will provide a stabilizing effect on the neighborhood and has recommended appro al of the designation. NOW, THEREFORE, BE IT ORDAINED BY THE ITY COUNCIL OF THE ITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property describe below is hereby designate as a Historic District Overlay (OHD) Zone: AN AREA CONTAINING BLOCK 46: S 0' of LOT 4 AND LOTS 5, 6, 7,8; B OCK 59: S 74' OF LOT 1 AND S 96' OF LOT 5 AND LOTS 6, 7, 8; OCK 67: LOTS 5, 6, 7, 8; BLOCK 78: OTS 5, 6, 7, 8; BLOCK 79: LOTS 2 & 3 AND THE EAST 19' OV LOT 4, AND THE NORTH 80' OF LOT • BLOCK 60: LOT 1; BLOCK 45: LOTS 1, 2,3,4; ALL IN OR AL TOWN, IOWA CITY, IOWA. SECTION II. ZONING MAP. Th Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, wa, to conform to this amendment upon the final passage, approval and publication of this ordinance by I SECTION III. CERTIFICATIO AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized an directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of J hnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. II ordinances and parts of ordinances in conflict with the provisions of this Ordinance No. Page 2 Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or uncorwMutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or rt thereof not adjudged invalid or unconstitutional. SECTION VI. EFF TIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by w. MAYOR ATTEST: CITY CLERK Appr ved by City Attorney's Office ✓ns T� Marian Karr From: Gordon, Martha P <martha- gordon @uiowa.edu> Sent: Friday, December 14, 2012 12:43 PM To: Council Subject: proposed Jefferson Street historic distrct Dear Members of the City Council: I am writing to support the proposed Jefferson Street historic district. This is an area that contains some of Iowa City's oldest and finest houses, churches and public buildings. It is close to downtown and accessible to everyone. To lose these buildings or to allow new buildings to be built would completely change the character of the downtown area. Unlike some of the other historic districts, this area is unique because it contains churches and public buildings in addition to the houses that predominate in the other districts. These are important because they contain so much of Iowa City's history as a city -more so than the other districts which preserve the beauty and history of the houses and the neighborhoods. This new proposed district is part of the heart of Iowa City. It is also on the National Register of Historic Places and is a district of national historic importance. Unfortunately, and contrary to what many people assume, the national listing provides no protection against development and destruction. For all of these reasons we urge you to make this district a local historic distract. Sincerely yours, Frank Gersh and Martha Gordon 1041 Woodlawn Avenue Iowa City, Iowa 52245 4t, C. 14 ' i 0 - - -- -- lov _IS /�!(i(1— !`�-i /�C�'GL -_ Zr mac' -__ _. _ � � -►-r�� � 1 _ _- _- - - -�. �� --e��� rte_ �Q - t 4f, C, Marian Karr From: Christina Welu- Reynolds <chriswelu @gmail.com> Sent: Friday, December 14, 2012 1:42 PM To: Council Subject: Jefferson Street Historic District Dear Iowa City Council Members, I am writing to ask you to support the Jefferson Street Historical District. This is one of the city's oldest districts and an important part of our city's history. It needs to be protected; otherwise, at some point, it will be gone. As a property owner in Iowa City I understand that I am a steward of the land/property that I own. Along with that stewardship comes responsibility, not only to myself as the property owner, but also to the city and community from which the property is a part of. We benefit from the many services our community has to offer ranging from the handicapped accessible sidewalks, street lighting, street construction and city parks to the neighborhood schools and community centers. The property I own is part of a collective whole. It's what makes up a neighborhood. In this situation it is the Jefferson Street Historical District. The type of architecture in this area is unique and once gone will not be replaced with anything comparable. It is our responsibility as property owners and as a community to take the steps needed to protect this area. I ask you to please support the Jefferson Street Historical District. Thank you. Sincerely, Christina Welu- Reynolds resident of the Northside 14 C Marian Karr From: Marlys Svendsen <svendsentyler @centurytel.net> Sent: Sunday, December 16, 2012 5:12 PM To: Council Subject: Jefferson Street Historic District designation This correspondence will become a public record. SVENDSEN TYLER, INC. N3834 DEEP LAKE ROAD • SARONA, WISCONSIN 54870 - 715/469 -3300 EMAIL: SVENDSENTYLER @CENTURYTEL.NET December 14, 2012 Iowa City Council City Hall 410 E Washington Street Iowa City, Iowa 52240 Re: Proposed Jefferson Street Historic District designation Dear Councilors, Last summer I was advised that the City of Iowa City was considering designating the Jefferson Street Historic District as a local ordinance historic district. I was pleased to hear that this section of fine institutional buildings and private residences was being considered for local protection. I have seen historic and cultural district designation make for better neighborhoods in Iowa City in the past two decades. I would like to encourage your affirmative vote for this designation and share some of my thoughts based on work completed in this neighborhood in 2003 -2004. In 2003 I completed work on behalf of the City of Iowa City for a National Register of Historic Places nomination for the Jefferson Street Historic District. The buildings in this area collectively tell the essential story of Iowa City's late 19th and early 20th century history in just four blocks making the area unique among Iowa City's rich collection of neighborhoods. Well- preserved Congregational, Catholic, Methodist, and Lutheran churches were built between 1868 and 1926. One of the churches also built a convent, rectory, and girl's school in the immediate area. The churches remain well attended and proudly cared for 15 decades later. Shortly after the turn of the 20th century, three monumental buildings were interspersed along the blocks for the University of Iowa's Medical School and Hospital. The restored Zoology Building still serves its original purpose as a classroom building while the other two have been meticulously preserved but given new uses. The Hall of Anatomy is now the Biological Sciences Library and the Isolation Hospital that once housed patients suffering from infectious diseases is now known as Stuit Hall and contains offices and clinic space for the University's Department of Psychology. Their preservation has been in keeping with the University's master plan for development. The balance of the neighborhood has seen small and large family residences densely built during the 19th and 20th centuries by households headed by grocers, meat market owners, clothiers, jewelers and hardware merchants who operated shops just a few blocks away. Still other houses were occupied by carpenters and tradesmen as well as brewers and bottlers. Several retired farmers and widows moved to Jefferson Street as they did in other neighborhoods adjoining the East Campus when it was time for their children to attend the University. The Jefferson Street Historic District's more than 40 primary buildings provide examples of 13 distinct American architectural styles. These richly ornamented buildings provide a visual corridor for thousands of students, visitors and downtown workers that walk these blocks or drive the East Jefferson Street one -way each day. Together the cultural and civic investments represented by the Jefferson Street Historic District have anchored this neighborhood for 150 years of growth and change. I encourage the members of the City Council to help this neighborhood remain one of the city's most vital areas for future Iowa Citians. Sincerely, 7124411# 4, .Saeadim (submitted electronically) Marlys A. Svendsen Historian and Architectural Historian 1VQl- — Marian Karr From: helene Provencal <provencal44 @msn.com> Sent: Monday, December 17, 2012 2:13 PM To: Council Dear Iowa City Council members: I am writing to protest the way you have for years let our North side and other neighborhoods destroyed and rebuilt by greedy tasteless developers of all sorts. Next Tuesday you have the opportunity to stop this trend. We do not want downtown Iowa City to become a big dormitory for the University. Many blocks of the North side are already ruined by ugly apartments buildings erected without any concern about the historical architecture of the neighborhood. Cheap, quick profit allowed to the detriment of the pride of our past. I understand the need for the sizable property taxes generated by these « rabbit cages » and for the political endorsements and donations of these deep pocket developers. Why, as citizens, do we have to fight so hard to save our beloved Iowa City ? You should be the ones,as our elected officials, advocating for preserving the past and soul of our town . Instead we have to scream and flight and plead and beg. Well, Tuesday, we count on you to do the right thing. Merci et a bientot Helene Provencal before printing this email 1 rG Marian Karr From: Baldridge, Thomas H <thomas- baldridge @uiowa.edu> Sent: Monday, December 17, 2012 2:24 PM To: Marian Karr Subject: RE: FYI Thanks, Marian -- Here's my message: Dear Council Members -- I am writing both as a member of the City's Historic Preservation Commission and as a native of Iowa City. I strongly urge you to approve the designation of the three blocks of Jefferson St as a Historic Preservation District because of the significance of the structures, both private residences and public buildings. My family has had a very close relationship with this section of the city. My parents trained as a physician and a nurse when Seashore was the University's hospital. They married shortly after my Mother's graduation and took up residence in an apartment in the former Park Hotel (turned Burkley Apts.) which was across the street from my Father's lab. in the Biology bldg. Their four children attended grade school @ Saint Mary, and someone in my family has been a member of St. Mary parish since. Of the public bldgs. in the area under consideration, three of the four churches and the former Park Hotel are already designated as historic, and many of the residential bldgs. in the two blocks between Dubuque & Van Buren Sts. are exceptionally worthy because of their design & some because of their historic significance. It is difficult to describe the loss to our community if any of these buildings were to be destroyed. Tom Baldridge From: Marian Karr [Marian- Karr @iowa - city.org] Sent: Monday, December 17, 2012 11:52 AM To: Baldridge, Thomas H Subject: FYI Marian K. Karr, MMC City Clerk City of Iowa City 319 - 356 -5041 (Phone) 319- 356 -5497 (FAX) Population 67,862 4C-, A RESOLUTION OF THE BOARD OF DIRECTORS OF FRIENDS OF HISTORIC PRESERVATION 4i12 ?c l WHEREAS, all of the Jefferson Street Historic District is contained in the on 3' 35 Town Plat of Iowa City, laid out in 1839, as the territorial capitol of Iowa; y o WHEREAS, the Jefferson Street Historic District contains a total of 44 buildings, including 38 primary buildings and six secondary resources of which 97 percent are considered contributing resources and 50 percent are considered individually significant or key contributing resources; and WHEREAS, the building stock in the Jefferson Street Historic District includes a mix of institutional and residential buildings that reflect its historical development along the edge of the downtown and the State University of Iowa campus; and WHEREAS, the pattern of building and density of the Jefferson Street neighborhood is a result of the organic manner in which the area was developed over eight decades; and WHEREAS, the Jefferson Street Historic District exhibits a variety of late 1" and early 20th century historic architectural styles, including Greek Revival, Italianate, Queen Anne, Colonial Revival, and Craftsman style houses and Gothic Revival, French Second Empire, Classical Revival, Romanesque Revival, and Italian Renaissance Revival institutional buildings; and WHEREAS, the Jefferson Street Historic District is already listed on the National Register of Historic Places; and WHEREAS, the Jefferson Street Historic District is significant under Criterion A of the National Register of Historic Places under the category of "Community Planning and Development" because the district is associated with an important era in one of Iowa City's North Side Neighborhoods at the end of the 1" century and the beginning of the 20th century; and WHEREAS, the Jefferson Street Historic District also derives significance under Criterion A of the National Register of Historic Places for the representation of a cross section of middle and upper income households with prominent business and professional leaders living next door to working class families; and WHEREAS, the Jefferson Street Historic District is significant under Criterion C of the National Register of Historic Places as a representative collection of the residential architectural styles, vernacular house forms, and institutional architectural styles that appeared in Iowa City neighborhoods from 1850 through the 1930s; and WHEREAS, five buildings within the Jefferson Street Historic District are already designated as Local Historic Landmarks in the City of Iowa City: the Congregational Church (30 North Clinton Street), the William Bostick House (115 North Gilbert Street), the Park House /St Agatha's Seminary (130 East Jefferson Street) and St. Mary's Roman Catholic Church and Rectory (230 East Jefferson Street); and WHEREAS, the Bostick House, built in 1850 is one of the oldest extent buildings in Iowa City, served as Iowa City City Hall from ca. 1875 to 1882, and was owned by and occupied by one of the most important commercial families in Iowa City, the Englerts ; and WHEREAS, the first section of the University Hospital (portions extant) was erected in the Jefferson Street Historic District east of Linn Street in 1897; and WHEREAS, one medical building remaining from when the University Hospital was located on the east side of the Iowa River, the Isolation Hospital, now Stuit Hall, located at 325 East Jefferson Street in the Jefferson Street Historic District, is still extant and has undergone extensive and historically appropriate renovations in the last several years, and WHEREAS, many of Iowa City's residents important to the founding of industry, business, and society early in Iowa City history lived in the Jefferson Street Historic District, including William Bostick, Mary and George Rohrety John and Magdalena Englert, Clarence and Marie Englert Mollie Englert, John and Catherine Sueppel, Francis and Mary Sueppel, Robert and Julia Hutchinson; Dionysius Speidel, Thomas and Martina Brown, David and Isabella Abrams, Alois and Esther Smith, Jacob and Sarah Goldberg, William Graf, John Messner and Hugh and Margaret Smith, WHEREFORE, be it resolved that the Board of Directors of Friends of Historic Preservation supports the designation of the National Register Jefferson Street Historic District in Iowa City, IA as a local a Local Historic District Approved this 28th day of November, 2012 Signed: Tom Rosenberger, Presi t Tom Baldridge John C hadima, Vice - President Maeve Clark Christine Denburg Jinn Hayes N Cecile Kuenzli, Secr" Mark McCallum Jeff Schabilion Claire Sponsler Alicia Trimble, Executive Director lC Marian Karr From: john cummiskey <jpatcumm1945 @gmail.com> Sent: Monday, December 17, 2012 4:23 PM To: Council Subject: Jefferson Street historic designation City Council members: I urge you to vote YES to designate the relevant four blocks of Jefferson Street as a local historic district. The existing streetscape is rich, diverse and uniquely beautiful. It provides Iowa Citians and all who visit with an irreplaceable aesthetic experience that no "Clark" development could ever remotely duplicate. Let's stop the desecration of our historic neighborhoods. The recent Washington Street debacle should be a lesson learned for all of us. Thank you. John Cummiskey 1120 E. Bloomington Street Iowa City 'k- Marian Karr From: Gidal, Eric <eric- gdal @uiowa.edu> Sent: Tuesday, December 18, 2012 10:58 AM To: Council Subject: Jefferson St. Historic District Importance: High Dear Council Members, I wish to write in strong support of designating the four blocks of Jefferson St. from Clinton to Van Buren a historic district. This street is one of the prides of Iowa City and recent development along Washington St. (which applied for but was denied historic district protection a few years ago) has underscored the need for such protection. The fact that a number of property owners in this area are opposing the historic district is all the more reason to apply it, for, again learning from history, the property owners who objected to protection for Washington St. were the first to sell their properties off for development. To lose the unique aesthetic and historic qualities of Jefferson St. because of a lack of political will would be a real tragedy, one I trust the current council will avoid. Sincerely yours, Eric Gidal 328 Brown St. Iowa City �— (:Z— Marian Karr From: David McCartney <dfmcc @yahoo.com> Sent: Tuesday, December 18, 2012 1:45 PM To: Council Subject: Jefferson Street Dear members of City Council, As the owner of a renovated residential property near downtown, I write to ask that you approve protecting the historic quality of Jefferson Street. When we buy a home we don't just buy the house; we buy part of a larger neighborhood. The contribution each home makes to our community - architecturally, aesthetically, socially - factors into the value of the house we buy. When those qualities are removed and an out -of -scale development replaces them, the city loses what draws homeowners to it in the first place. The resale value of affected nearby properties more often than not declines as a result. Our 1905 house has been restored thanks to the work of local designers and contractors. Preserving and repurposing such structures is good for the local economy, not only in terms of immediate results, but also in the long term, benefiting our neighbors as well as us. Please help us protect our investments and approve the historic designation. Thank you for your consideration. David McCartney 1302 Muscatine Avenue Iowa City, IA 52240 as Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00028) ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING .22 ACRES OF LAND LOCATED AT 221 AND 225 NORTH LINN STREET AND THE ADJACENT .07 ACRE LOT ASSOCIATED WITH THE MIDAMERICAN SUBSTATION FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS -12) TO CENTRAL BUSINESS SERVICE (CB -2). (REZ12- 00028) WHEREAS, the applicant, Northside Commons, LLC, has requested a rezoning of property located at 221 N. Linn Street and 225 N. Linn Street Street from Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2); and WHEREAS, in order to prevent an remnant island of RNS -12 zoning along Linn Street, MidAmerican Energy has agreed to a rezoning of the .07 acre substation property located on Linn Street directly south of the applicant's property at 221 N. Linn Street from RNS -12 to CB -2; and WHEREAS, the Central District Plan, an element of the Comprehensive Plan, contains policies and a land use plan map to guide development within the Northside Marketplace and to maintain the main street, mixed use character of the neighborhood; and WHEREAS, the Central District Plan was amended in 2011 to indicate that Urban Commercial development is appropriate on these properties; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning, determined that it complies with the Comprehensive Plan and recommends approval of the application provided that it meets conditions addressing the need for development that will maintain the main street, mixed -use character of the Northside Marketplace, the need for upgrades to the public alley to accommodate the increased traffic generated by the increase in allowable commercial and residential density, limits on the size of the residential units to ensure compatibility with the adjacent neighborhood stabilization zone, the need for careful design of the building and the streetscape to fit into the scale and character of the neighborhood; and the need for safe vehicular access along Bloomington Street; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners and applicant have agreed that the properties at 221 and 225 N. Linn Street shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2): Beginning at the Northeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence S00 °15'52 "E, along the East Line of said Lot 1, a distance of 110.74 feet; Thence N89 °56'15 "W, 80.66 feet, to a Point on the East Line of Lot 2 of said Original Town Of Iowa City; Thence S00 011'16 "E, along said East Line, 39.80 feet, to the Southeast Corner thereof; Thence N89 °56'15 "W, along the South Line of said Lot 2, a distance of 20.00 feet; Thence N00 °11'16 "W, 29.95 feet; Thence Northeasterly, 34.14 feet, along an arc of a 36.25 foot radius curve, concave Southeasterly, whose 32.89 foot chord bears N26 004'39 "E;Thence Northeasterly, 24.35 feet, along an arc of a 26.11 foot radius curve, concave Northwesterly, whose 23.48 foot chord bears N26 042'37 "E; Thence N00008'07E ", 70.21 feet, to a Point on the North Line of said Lot 1; Thence S89 °48'53 "E, along said North Line, 74.94 feet, to the said Point of Beginning. Said Rezoning Parcel contains 9,575 square feet and is subject to easements and restrictions of record. Ordinance No. Page 2 SECTION II APPROVAL. The following property is hereby reclassified from its current zoning designation of Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2): Beginning at the Southeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence N89 °56'15 "W, along the South Line of said Lot 1, a distance of 80.71 feet, to the Southwest Corner of said Lot 1; Thence N00 0111 6 "W, along the West Line of said Lot 1, a distance of 39.80 feet; Thence S89056'1 FE, 80.66 feet, to a Point on the East Line of said Lot 1; Thence S00 015'52 "E, along said East Line, 39.80 feet, to the Point of Beginning. Said Parcel contains 3,211 square feet and is subject to easements and restrictions of record. SECTION III. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION IV. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION V. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION VI. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12012. MAYOR ATTEST: CITY CLERK Approved by .J City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: First Consideration Vote for passage: NAYS: None. Second Consideration _ Vote for passage: Date published Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the 12/18/2012 AYES: Hayek, Mims, Throgmorton, Champion, Dickens, Dobyns. ABSENT: NONE. ABSTAIN: Payne. yd Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00028) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and 221 -225 Linn LC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately .22 acres of property located at 221 and 225 N. Linn Street, Iowa City, Iowa; and WHEREAS, the Owner has requested the rezoning of said properties from Neighborhood Stabilization Residential (RNS -12) to Central Business Service (CB -2) zone; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the mix of residential units and number of bedrooms, the design of the building, the installation of landscaping and street furniture, improvement to the alley to provide access to the parking, and closure of a driveway on Bloomington Street to ensure that safe access to the new building can be achieved, the requested zoning is consistent with the Comprehensive Plan as amended; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the Northside Marketplace and the adjacent residential neighborhood; and WHEREAS, the Owner agrees to develop these properties in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. 221 -225 Linn, LC is the legal title holder of the real estate legally described as: Beginning at the Northeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Thence S00 °15'52 "E, along the East Line of said Lot 1, a distance of 110.74 feet; Thence N89 °56'15 "W, 80.66 feet, to a Point on the East Line of Lot 2 of said Original Town Of Iowa City; Thence S00 °11'16 "E, along said East Line, 39.80 feet, to the Southeast Corner thereof; Thence N89 °56'15 "W, along the South Line of said Lot 2, a distance of 20.00 feet; Thence N00 °11'16 "W, 29.95 feet; Thence Northeasterly, 34.14 feet, along an arc of a 36.25 foot radius curve, concave Southeasterly, whose 32.89 foot chord bears N26 004'39 "E;Thence Northeasterly, 24.35 feet, along an arc of a 26.11 foot radius curve, concave Northwesterly, whose 23.48 foot chord bears N26 042'37 "E; Thence N00 °08'07E ", 70.21 feet, to a Point on the North Line of said Lot 1; Thence S89 °48'53 "E, along said North Line, 74.94 feet, to the said Point of Beginning. Said Rezoning Parcel contains 9,575 square feet and is subject to easements and restrictions of record. 1 of 4 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the real estate described above will conform to all requirements of the zoning chapter, as well as the following conditions: a. The number of units and number of bedrooms in the development may not exceed the numbers shown on the conceptual building plans submitted with the application (8 one - bedroom units and 4 two- bedroom units); and b. The final design of the building shall be reviewed and approved by the staff Design Review Committee and shall be generally consistent with the elevation drawings submitted; and c. The commercial storefront shall be designed in a manner that is consistent with the elevation drawing submitted with the application; and d. If a third floor is built, it shall be designed in a manner consistent with the elevation drawing submitted with the application; and e. The alley shall be improved from the east property line of 223 E. Bloomington to North Linn Street according to the specifications of the City Engineer prior to the issuance of an occupancy permit for any new building on this real estate; and f. If a garage opening along Bloomington Street is requested, the adjacent curb cut for the private gravel drive located along the west property line of the subject properties shall be closed and the curb restored and parkway re- planted; and g. The N. Linn and E. Bloomington Street rights -of -way shall be improved in a manner consistent with the recently installed commercial streetscape in the Northside Marketplace. Said streetscape plan shall be reviewed and approved by the Design Review Committee. 4. The Owner and the City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and the City acknowledge that in the event the subject real estate is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 2 of 4 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 2012. CITY OF IOWA CITY 221 -225 Linn, LC, OWNER Matthew J. Hayek, Mayor Attest: Marian K. Karr, City Clerk a ved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) By: V This instrument was acknowledged before me on , 2012 by Matthew J. Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: 3 of 4 OWNER ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was /acknowledged before me on 2012 by as (51 cy rt e—,-- of 221 -225 Linn, LC. /e- / e" -/-6z'L Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) os'""� r KELLIE K. TUTTLE a Commission Number 221819 . My Com issi Expires My commission expires: 4of4 l4:� To: Planning & Zoning Commission Item: REZ12 -00028 221 & 225 N. Linn Street GENERAL INFORMATION: Applicant: STAFF REPORT Prepared by: Karen Howard Date: November 15, 2012 Northside Commons LLC P.O. Box 3474 Iowa City, IA 52244 Owners: 221 -225 Linn LC P.O. Box 4374 Iowa City, IA 52244 Contact Person: Jesse Allen Phone: (319)530 -8238 Requested Action: Rezoning from RNS -12 to CB -2 Purpose: To allow development of a new mixed -use building with ground floor commercial and upper level apartments /condos Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: File Date: 45 Day Limitation Period: 221 & 225 N. Linn Street and the MidAmerican Substation on the abutting property to the south 0.22 acres and .07 acres (MidAmerican substation) Two - Family & Multi- family / Neighborhood Stabilization Residential (RNS -12) Zone North: Residential; RNS -12 South: Commercial; CB -2 & CB -5 East: Commercial; CB -2 West: Residential; RNS -12 Central District Plan shows the area as urban commercial October 24, 2012 December 8, 2012 BACKGROUND INFORMATION: The proposed development will combine two properties that currently contain a duplex that fronts on North Linn Street and a four -plex located on the corner of North Linn Street and Bloomington 2 Street. The applicant is requesting to rezone the properties to Central Business Service (CB -2) and intends to take down the two existing residential buildings and construct a mixed -use building that would include storefront commercial space on the ground level that would be oriented toward Linn Street, two floors of apartments above, and a rooftop garden as an amenity for residents of the building. As proposed, parking for the development would be located within the structure. The concept is for a basement level of parking intended for the residents that would be accessed from the east -west alley via a driveway and ramp. Parking for the commercial space would be provided on the ground level floor of the building behind the commercial space via an access drive from Bloomington Street. There is a MidAmerican substation located on the west side of Linn Street adjacent to the alley. To prevent the creation of an island of RNS -12 zoning staff recommends that if this rezoning is approved, that the MidAmerican property also be rezoned to CB -2. Due to intense public interest in a previous rezoning request in 2011 and the subsequent rejection of that proposal by the City Council due to neighborhood concerns, the applicant re- worked the rezoning request so that it does not include the property at 223 E. Bloomington and have re- designed the proposed building. The applicant has chosen to follow the "Good Neighbor Policy" and has held several Good Neighbor Meetings at which the development team has presented their initial ideas and then modified their proposal based on community input. ANALYSIS: The current zoning of the property is Neighborhood Stabilization Residential (RNS -12). The purpose of the RNS -12 zone is to stabilize neighborhoods by preserving their single - family character. Provisions in the zone prevent the conversion or redevelopment of single - family uses to multi - family uses. However, existing conforming multi - family uses retain their conforming status when rezoned to RNS -12. The subject properties were rezoned from Low Density Multi - Family Residential (RM -12) to RNS -12 in 1995. These properties were converted to multiple units prior to that time. The two existing buildings contain a total of 6 dwelling units with 12 bedrooms total. Much of the backyard area has been paved over for use as parking or drives. The two buildings have also had extensive exterior remodeling that removed or covered up historic architectural details. The proposed Central Business Service (CB -2) zone is intended to allow the orderly expansion of the Central Business District, to serve as a transition between the intense land uses located in the Central Business District and adjoining areas, to enhance the pedestrian orientation of the center of the city and to provide suitable peripheral locations for auto - oriented commercial and service uses. The zone is intended to accommodate mixed land uses but at a lower intensity than the other Central Business Zones (CB -10 and CB -5). The zone allows a variety of commercial uses including retail, services, restaurants and office uses. Commercial uses are required on the ground floor and also allowed on upper floors. Residential uses are allowed on the upper floors. The size of the commercial space and the residential density possible on this constrained site willl be largely determined by how many parking spaces can be provided. The residential parking requirement is 1 parking space for each bedroom and for the commercial space, 1 parking space per 300 square feet of office or retail space. The applicant proposes to build approximately 2,400 square feet of commercial space on the ground floor and 2 floors of apartments: 8, one - bedroom units on the 2nd floor and 4, two- bedroom units on the third floor. Two levels of parking are proposed. As currently shown, there would be six or seven parking spaces located on the ground level floor of the building accessed from a garage opening on Bloomington Street and 17 parking spaces located underground with an garage opening on the west side of the building with a drive that extends to the public alley located south of the property. 3 Staff notes that the proposed building is a concept. A detailed site plan has not yet been developed to show how access to the parking would be achieved in relation to the existing drives and parking aisles on the adjacent property at 223 Bloomington Street. There may be outstanding title issues that need to be resolved regarding the existing private gravel drive that extends from the public alley north to Bloomington Street. In addition, to ensure compliance with the City's access management standards and more importantly to prevent an unsafe situation, if the proposed building contains a garage opening along the Bloomington Street frontage, the immediately adjacent curb cut for the private gravel drive will need to be closed. In addition, the public alley located to the south of the subject properties is 20 feet wide and paved with brick. The 20 -foot width is typical for a downtown -area alley. The brick surface is atypical. The brick has settled in several areas particularly in the wheel tracks, but is wide enough for two -way traffic. To accommodate the additional traffic for this building, staff recommends that the alley be reconstructed from Linn Street to the driveway for this property. Comprehensive Plan: The plan map for the Central District Plan was recently amended by the City Council to show this property as Urban Commercial. The vision and goals for the Northside Marketplace are set forth on pages 55 -59 of the Central District component of the Comprehensive Plan. The Northside Marketplace is characterized by its historic mixed -use buildings and small - scale, locally -owned specialty shops and restaurants. The Plan notes that development should be sensitive to the neighborhood history and architectural significance. Participants in the Central District planning process expressed support for development of one and two- bedroom apartments that would be attractive to longer -term residents as opposed to the larger, dorm -style apartments typical in some areas near downtown. The Plan also discusses the need to provide sufficient parking to meet the demand for both commercial and residential uses in the area. In response to the goals of the Comprehensive Plan and the concerns expressed by the neighborhood regarding scale of the building and the size and configuration of the residential units, the applicant has submitted preliminary plans for a proposed building containing commercial space that is suitable for a small retail or office use. The ground floor commercial space is designed as a traditional storefront similar to other storefronts in the area. The upper floors contain 8, 1- bedroom apartments and 4, 2- bedroom apartments with the added amenity of a rooftop garden to be used as shared outdoor space for the residents of the building. The buildings in the Northside Marketplace range from two to four - stories in height. Concerns were expressed during the previous rezoning hearings that because these properties are located on the north edge of the Northside Marketplace adjacent to the residential neighborhood that any commercial building built here should be sensitive to the lower scale of the residential neighborhood. In response to these concerns the third floor is proposed to be more transparent with extensive window systems that reduce the apparent height of the building. This mix of apartment sizes with the added amenity of the shared rooftop open space, dedicated off - street parking, and proximity to downtown and the University will likely be attractive to longer -term renters and owners. For all these reasons, staff finds that the rezoning is consistent with the Comprehensive Plan provided that certain conditions are met regarding size of the dwelling units, height and design of the building, design of the storefront and streetscaping, and resolution of parking and vehicular access. Conclusion: In staff's opinion extending the CB -2 zoning to the west side of Linn Street would be consistent with the intent of the goals and objectives for the Northside Marketplace, provided that the building is constructed in a manner that is consistent with the building and site plans that were submitted with the application. Zoning both sides of Linn Street to CB -2 would be consistent with the zoning policy of changing zoning at the rear and side lot lines rather than along street frontages. Commercial uses along Linn Street would help link the commercial uses along Bloomington Street, such as Pagliai's Pizza, to the commercial uses located south along Linn Street. F11 The applicant has submitted fairly detailed, but conceptual building and site plans showing how they intend to develop the property if it is rezoned. The concept is consistent with what staff would recommend for a conditional zoning agreement. In particular, the building should contain no more than 16 residential units, configured as a mix of one and two- bedroom units. The commercial storefront should be designed as illustrated on the elevations submitted with the application, with traditional storefront windows and prominent and accessible entrances with functional canopies. Since the rezoning of the property would change the frontage from a residential frontage to a commercial frontage, staff recommends that the applicant be required to design and install a commercial sidewalk that extends to the front building wall, street trees, street furniture, and bike parking facilities that are consistent with the recently installed streetscape in the Northside Marketplace. As mentioned above, staff also recommends that the applicant be required to improve the alley from Linn Street to the driveway access for the building. Staff also recommends that if a garage opening is proposed along the Bloomington Street frontage that the existing curb cut for the private gravel drive be closed and the curb and parkway rebuilt and planted. Staff also notes that rezoning the property to CB -2 is not a guarantee that the proposed building can be built. The building and the proposed structured parking will have to meet all the underlying zoning, building, and access standards and any outstanding title issues regarding the private gravel drive will need to be resolved to make the structured parking possible as proposed. STAFF RECOMMENDATION: Staff recommends that REZ12- 00028, an application to rezone 0.22 acres of land located at 221 and 225 N. Linn Street and approximately 3200 square feet of property located on the west side of Linn Street (MidAmerican substation) from RNS -12 to CB -2, be approved subject to the following conditions: 1. No more than two bedrooms are allowed per dwelling unit; 2. The final design of the building shall be reviewed and approved by the Design Review Committee; 3. The commercial storefront shall be designed in a manner that is consistent with the submitted elevation drawing; 4. If a third floor is built that it be designed in a manner consistent with the submitted elevation drawing; 5. If a garage opening along Bloomington Street is requested, the adjacent curb cut for the private gravel drive shall be closed and the curb restored and parkway planted; 6. The streetscape along Linn Street shall be installed in a manner consistent with the recently installed commercial streetscape in the Northside Marketplace. Said streetscape plan shall be reviewed and approved by the Design Review Committee; and 7. The public alley from Linn Street to the driveway access for the building shall be improved according to the standards specified by the City Engineer. ATTACHMENTS: 1. Location Map 2. Rezoning Exhibit 3. Draft building and site plans 4. Draft building elevations Approved by: /z ;27G Robert Miklo, Senior Planner Department of Planning and Community Development C C N uj ce ui U) I IS1A 6 W •1S N N I� z 0 0 m o fu U 1�� i a. V,I IND C J !t �r r z O U O J W 0 - - -- E BLOOMINGTON ST. ASPIH ALT 6, 9K n E z CL cr O O J LL J w W J w O J z O UO) z O z z Q w z co r V) F- u W F- u Q -------------------- is Lo 'D Q El C\j J cn CO I U- L-u Co 0) 2;-, 1 0 X E75 0 - N CV co lc*- - - - - — - — - — - — - — ■ I tsolms-smaim Pon 7,m 11 0 _-- _- _ - -__� �' I co M: OM L'i Lrj n z C) :i z Z) LLJ Z I 9 II ?D ZZ V') F- u U.j F- Lu > I < S: LU UJ ----- - --- ------- -U) - - -- is Lo 'D Q El C\j J cn CO I U- L-u Co 0) 2;-, 1 0 X E75 0 - N CV co lc*- - - - - — - — - — - — - — ■ I tsolms-smaim Pon 7,m 11 0 _-- _- _ - -__� �' I co M: OM L'i Lrj n z C) :i z Z) LLJ Z I 9 II ?D ZZ V') F- u U.j F- L ILJ ------- OCO -F-7-7 U_ CY cc ) U) 00 x k Ns iW T '4 C\l X C) r" 00 00 LO LO 1 C\j LU _j 0 LU M t. rn LL LL 'C\j CO X C:, x 7­1_ i C'V tip C\j X CO CC) LO 00 U-) cy) irl I 'rl Z :5 CL cc 0 0 _j U_ —i Lli uj z C\j CO Z V) F- Z U 0 ui :2 F- z Z u 6. ui Z z cc O O J LL J LJ w J 0 Cl) z O Z z Z D w z V) U w F- U + + + + + + + ++ + + + + +t ++ + + + + + + +t+ ++ + ++ (f1111111111111T1i11(11T11 D1i1111ilililiDl1111i>1 [f11111i111TlTlililil1111] � Q + +�� + ++ W ROM 7- ++ 4m ++ L+j+ rr ® 5 + � +L' o ® + ` W + ' ++ + FMz ++ + W J co ; W LLJ w I� A- + + + ++ ++ ++ ++ ++ + ++ + ++ + + + + + + + + ++ r a + + + + + + a + + + + + + + + + + a + + + + + i + + + + + + t a +� a + + a a + 1 + i + + + + + + + ++ 1+ + + \+ + + + + + t Z CL cc O O J LL J LU uj i LL O cr 0 ZD ZZ n Z v` Z U O LLJ F— Z �- Z = U W Z < Heritage Property Management November 9, 2012 City of Iowa City Planning & Zoning Iowa City, IA Re: 221 -225 N. Linn St. — Northside Commons Dear Planning and Zoning, 220 East Market St Iowa City, Iowa 52245 319.351- 8404 /phone 319.351- 1928 /fax hpmanagement @qwestoffice.net 221 — 225 Linn Street is a property behind our office. I have had a chance to review the plans for Northside Commons. This is to let you know that I approve and think it will fit into our neighborhood. Thank you for your consideration, Anne Vespa, Owner of 220 E. Market Street ff N CW Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319- 356reQ (R 12 -00% ORDINANCE NO. AN OR ANCE CONDITIONALLY REZONING .22 ACRES OF LAND L04 , �D AT 221 AND 225 RTH LINN STREET AND THE ADJACENT .07 ACRE LOT AS8t72ATLb WITH THE MIDAM ICAN SUBSTATION FROM NEIGHBORHOOD STABILIZATION crs RESIDENTIAL NS -12) TO CENTRAL BUSINESS SERVICE (CB -2). ( EZ12- 00028) WHEREAS, the licant, Northside Commons, LLC, has requested a rezo ing of property located at 221 N. Linn Street and, 5 N. Linn Street Street from Neighborhood Residen al Stabilization (RNS -12) to Central Business Servic, B -2); and WHEREAS, in order to revent an remnant island of RNS -12 zoning along Linn Street, MidAmerican Energy has agreed to a rezoni of the .07 acre substation property located on Linn Street directly south of the applicant's property at 221 N. inn Street from RNS -12 to CB -2; and WHEREAS, the Central Distri Plan, an element of the Comprehensive Plan, contains policies and a land use plan map to guide develop ent within the Northside Marketplace and to maintain the main street, mixed use character of the neighborh ; and WHEREAS, the Central District n was amended in 2011 to indicate that Urban Commercial development is appropriate on these grope, ies; and WHEREAS, the Planning and Zoning C mission has the reviewed the proposed rezoning, determined that it complies with the Comprehensive Plan nd recommends approval of the application provided that it meets conditions addressing the need for d velopment that will maintain the main street, mixed -use character of the Northside Marketplace, the ne d for upgrade, � to the public alley to accommodate the increased traffic generated by the increase in allow ble comme ial and residential density, limits on the size of the residential units to ensure compatibility with th adjacen neighborhood stabilization zone, the need for careful design of the building and the streetscape to fit ' to th scale and character of the neighborhood; and the need for safe vehicular access along Bloomington St a and WHEREAS, Iowa Code §414.5 (2011) provides th the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request er and above existing regulations, in order to satisfy public needs caused by the requested change; d WHEREAS, the owners and applicant have agre that a properties at 221 and 225 N. Linn Street shall be developed in accordance with the terms nd condi 'ons of the Conditional Zoning Agreement attached hereto to ensure appropriate development' this area o he city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY C NCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the C ditional Zoning Agree ent attached hereto and incorporated herein, property described below is hereby r classified from its curren oning designation of Neighborhood Residential Stabilization (RNS -12) to Cent r Business Service (CB -2): Beginning at the Northeast Corner of Lot 1 of the Original Town of I a City, in accordance with the Plat thereof Recorded in ok 1, at Page 116, of the Recor s of the Johnson County Recorder's Office; Thence SO 15'52 "E, along the East Line of said L t 1, a distance of 110.74 feet; Thence /Said 6'15 "W, .66 feet, to a Point on the East Line of L 2 of said Original Town Of Iowa Cityce SO 11'16 "E, along said East Line, 39.80 feet, t the Southeast Corner thereof; The9 °56' "W, along the South Line of said Lot 2, a d ance of 20.00 feet; Thence N00 °, 95 feet; Thence Northeasterly, 34.14 feet, along arc of a 36.25 foot radius curveav Southeasterly, whose 32.89 foot chord bears 6 004'39 "E;Thence Northeasterly eet, along an arc of a 26.11 foot radius curve, con ve Northwesterly, whose 23.48 ord bears N26 042'37 "E; Thence N00008'07E ", 70.21 fee a Point on the North Line oLot 1; Thence S89 048'53 "E, along said North Line, 74.9 et, to the said Point of Begiaid Rezoning Parcel contains 9,575 square feet and is subj t toeasements and restrictio cord. Ordinance No. Page 2 SECTION II APPROVAL. The following property is hereby reclassified from its current zoning designation of Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2): Beginnin t the Southeast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat the of Recorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's O e; Thence N89 056'15 "W, along the South Line of said Lot 1, a distance of 80 1 feet, to the South est Corner of said Lot 1; Thence N00 °11'16 "W, along the West Line of s ' Lot 1, a distance of 39.SR feet; Thence S89 056'15 "E, 80.66 feet , to a Point on the East Line f said Lot 1; Thence S00 °1 '52 "E, along said East Line, 39.80 feet, to the Point of Begin g. Said Parcel contains 3,211 s are feet and is subject to easements and restrictions of recor . SECTION III. ZONING MAP. he building official is hereby authorized and directed to hange the zoning map of the City of Iowa City, low to conform to this amendment upon the final pa age, approval and publication of the ordinance as appro d by law. SECTION IV. CONDITIONAL ZONING AGREEMENT. The mayor is hereby a orized and directed to sign, and the City Clerk attest, the Con ' inal Zoning Agreement between the operty owner(s) and the City, following passage and approval of this rdinance. SECTION V. CERTIFICATION AND RE ORDVaa pon passage and proval of the Ordinance, the City Clerk is hereby authorized and directed to ertpy of this ordina e, and record the same in the Office of the County Recorder, Johnson County, the Owner's pense, upon the final passage, approval and publication of this ordinance, as providw. SECTION VI. REPEALER. All ordinances and ordinanc in conflict with the provisions of this Ordinance are hereby repealed. SECTION VII. SEVERABILITY. If any section, r p of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall nt t validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalio ti tional. SECTION VIII. EFFECTIVE DATE. This Ordall b in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2012. 'T= MAYOR ATTEST: CITY CLERK Approved by City Attorney's q ice Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZE�00028) I-S ORDINANCE NO. AN ORDINANCE CO ITIONALLY REZONING .22 ACRES OF L D LOCA � A21 = AND 225 NORTH LINN TREET AND THE ADJACENT .07 ACRE OT ASSO�EITt THE MIDAMERICAN SU STATION FROM NEIGHBORHOODS ABILIZATIOU -" '; RESIDENTIAL (RNS -12) CENTRAL BUSINESS SERVICE ( B -2). (REZ12*428) :. y crn WHEREAS, the applicant, rthside Common 221 N. Linn Street and 225 N. Li n Street Street Central Business Service (CB -2); a WHEREAS, in order to prevent n Energy has agreed to a rezoning of th the applicant's property at 221 N. Linn S WHEREAS, the Central District PIa land use plan map to guide developmen mixed use character of the neighborhood; an WHEREAS, the Central District Plan s a development is appropriate on these properties; nd WHEREAS, the Planning and Zoning Comm that it complies with the Comprehensive Plan an meets conditions addressing the need for devel character of the Northside Marketplace, the need increased traffic generated by the increase in allow of the residential units to ensure compatibility with t careful design of the building and the streetscape t the need for safe vehicular access along Bloomin WHEREAS, Iowa Code §414.5 (2011) pro i conditions on granting an applicant's rezonin re satisfy public needs caused by the requested an WHEREAS, the owners and applicant h e a shall be developed in accordance with the term attached hereto to ensure appropriate devel ment NOW, THEREFORE, BE IT ORDAIN D BY IOWA: SECTION I APPROVAL. Subject to t e Conditi herein, property described below is her y reclassi Residential Stabilization (RNS -12) to C tral Busine s, LLC, has reque ed a rezoning of property located at from Neighborhoo Residential Stabilization (RNS -12) to remnant island of RNS -1 07 acre substation prop eet from RNS -12 to CB- n, an element of the C n t ithin the Northside a zoning along Linn Street, MidAmerican ty located on Linn Street directly south of and prehensive Plan, contains policies and a ketplace and to maintain the main street, in 2011 to indicate that Urban Commercial sion h the reviewed the proposed rezoning, determined reco mends approval of the application provided that it nt that will maintain the main street, mixed -use upgrades to the public alley to accommodate the ab commercial and residential density, limits on the size h a ' cent neighborhood stabilization zone, the need for fit int the scale and character of the neighborhood; and on Stree and des that a City of Iowa City may impose reasonable quest, ove and above existing regulations, in order to ge; and greed that the roperties at 221 and 225 N. Linn Street s and conditio of the Conditional Zoning Agreement in this area of th city. THE CITY COU IL OF THE CITY OF IOWA CITY, onal Zoning Agreeme t attached hereto and incorporated fied from its current z ing designation of Neighborhood ss Service (CB -2): Beginning at the Northeast Corn r of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereof Recorded in Vook 1, at Page 116, of the Records f the Johnson County Recorder's Office; Thence SO 15'52 "E, along the East Line of said Lot a distance of 110.74 feet; Thence N89 °56'15 "W, 8 .66 feet, to a Point on the East Line of Lot 2 f said Original Town Of Iowa City; Thence S00° 1'16 "E, along said East Line, 39.80 feet, to th Southeast Corner thereof; Thence N89 056'15" , along the South Line of said Lot 2, a dista ce of 20.00 feet; Thence N00 011'16 "W, 29. feet; Thence Northeasterly, 34.14 feet, along an rc of a 36.25 foot radius curve, concave Southeasterly, whose 32.89 foot chord bears N26 004'39 "E;Thence Northeasterly, 24.35 feet, along an arc of a 26.11 foot radius curve, concave Northwesterly, whose 23.48 foot chord bears N26 042'37 "E; Thence N00008'07E ", 70.21 feet, to a Point on the North Line of said Lot 1; Thence S89 048'53 "E, along said North Line, 74.94 feet, to the said Point of Beginning. Said Rezoning Parcel contains 9,575 square feet and is subject to easements and restrictions of record. Ordinance No. Page 2 SECTION II APPROVAL. The following property is hereby reclassified from its current zoning designation of Neighborhood Residential Stabilization (RNS -12) to Central Business Service (CB -2): Beginning at the outheast Corner of Lot 1 of the Original Town of Iowa City, in accordance with the Plat thereofltecorded in Book 1, at Page 116, of the Records of the Johnson County Recorder's Office; Th*nce N89 °56'15 "W, along the South Line of said Lot 1, a distance of 80.71 feet, to the Southwest 6orner of said Lot 1; Thence N00 °11'16 "W, along the West Line of said Lot 1, a distance of 39.80 feet; Thence S89 °56'15 "E, 80.66 feet , to a Point on the East Line of said Lot 1; Thence S00 015'52 "E, along said East Line, 39.80et, to the Point of Beginning. Said Parcel contains 3,211 square,,feet and is subject to easeme is and restrictions of record. SECTION III. ZONING MAP. Th building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, t conform to this ame dment upon the final passage, approval and publication of the ordinance as approve "y law. sign, and the City Clerk attest, the ConditOb al Zoning City, following passage and approval of this O finance. City Clerk is hereby authorized and directed to cN Office of the County Recorder, Johnson County, approval and publication of this ordinance, as provi( SECTION VI. REPEALER. All ordinances and Ordinance are hereby repealed. SECTION VII. SEVERABILITY. If any section,/ invalid or unconstitutional, such adjudication s h a section, provision or part thereof not adjudged in SECTION VIII. EFFECTIVE DATE. This /6 and publication, as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office The mayor is hereby authorized and directed to reement between the property owner(s) and the Upon passage and approval of the Ordinance, the copy of this ordinance, and record the same in the at the Owner's expense, upon the final passage, law. of ordinances in conflict with the provisions of this part of the Ordinance shall be adjudged to be E validity of the Ordinance as a whole or any not affect NE alid or uncons rdinance shall in effect after its final passage, approval day c$ , 201 �) Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00028) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and 221 -225 Linn LC (hereinafter "Owner "). WHEREAS, Owner is the legal title holder of approximately .22 acres of pro erty located at 221 and 225 N. Linn Str t, Iowa City, Iowa; and WHEREAS, the wner has requested the rezoning of said roperties from Neighborhood Stabilization esidential (RNS -12) to Central Business Servic (CB -2) zone; and WHEREAS, the Plannin and Zoning Commission has determin that, with appropriate conditions regarding the mix o residential units and number of b rooms, the design of the building, the installation of lands ping and street furniture, impro ement to the alley to provide access to the parking, and closu of a driveway on Bloomi ton Street to ensure that safe access to the new building can a achieved, the reques d zoning is consistent with the Comprehensive Plan as amended; a d WHEREAS, Iowa Code §414.5 (2011) provide that the City of Iowa City may impose reasonable conditions on granting an applicant's ezoning request, over and above existing regulations, in order to satisfy public ne ds caus by the requested change; and WHEREAS, the Owners and p cant acknowledge that certain conditions and restrictions are reasonable to ensure th development of the property is consistent with the Comprehensive Plan and the need for c mpatibility with the Northside Marketplace and the adjacent residential neighborhood; an h a WHEREAS, the Owners a d Applica t agree to develop these proper jn a ordac CD with the terms and conditions of Conditiona Zoning Agreement. :Y-'::7" —.: c 0 � r%) NOW, THEREFORE, in c sideration of the mutual promises contained hen, the p s agree as follows:" 1. 221 -225 Linn is the legal title holder of he real estate legally descri6bd as -q Beginning at a Northeast Corner of Lot 1 of th Original Town of Iowa City, in accordance with the PI t thereof Recorded in Book 1, at ge 116, of the Records of the Johnson County R corder's Office; Thence S00'1 5'52"E, a ng the East Line of said Lot 1, a distance of 110.7 feet; Thence N89 °56'15 "W, 80.66 feet, t a Point on the East Line of Lot 2 of said Origin Town Of Iowa City; Thence S0001 '16"E, along said East Line, 39.80 feet, to the Sout ast Corner thereof; Thence N89'56 15"W, along the South Line of said Lot 2, a dist nce of 20.00 feet; Thence N00 011'16 "W, 29.95 feet; Thence Northeasterly, 34.14 feet, al g an arc of a 36.25 foot radius curve, concave Southeasterly, whose 32.89 foot chord In ars N26 °04'39 "E;Thence Northeasterly, 24.35 feet, along an arc of a 26.11 foot radius urve, concave Northwesterly, whose 23.48 foot chord bears N26 042'37 "E; Thence N00 °08'07E ", 70.21 feet, to a Point on the North Line of said Lot 1; Thence S89 °48'53 "E, along said North Line, 74.94 feet, to the said Point of Beginning. Said Rezoning Parcel contains 9,575 square feet and is subject to easements and restrictions of record. 1 of 4 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Central District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, O rs and Applicant agree that development of the real estate described above will onform to all other requirements of the zoning chapter, as well as the following conditi ns: a. The number of units a d number of bedrooms in the develop ent may not exceed the numbers shown on th conceptual building plans submitt d with the application (8, one - bedroom units and two- bedroom units); and b. The final design of the uilding shall be reviewed and approved by the staff Design Review Committee and shall be generally consist t with the elevation drawings submitted; and c. The commercial storefront shall be designed in manner that is consistent with the elevation drawing submitte with the applicati ; and d. If a third floor is built, it sha be designed i a manner consistent with the elevation drawing submitted with the a lication; an e. The alley shall be improved om the ast property line of 223 E. Bloomington to North Linn Street according t the ecifications of the City Engineer prior to the issuance of an occupancy perm t fo any new building on this real estate; and f. If a garage opening along Bloo ' gton Street is requested, the adjacent curb cut for the private gravel drive located ng the west property line of the subject properties shall be closed and the curb r to d and parkway re- planted; and g. The N. Linn and E. Bloomi ton S eet rights -of -way shall be improved in a manner consistent with the rece tly insta ed commercial streetscape in the Northside Marketplace. Said stree cape plan hall be reviewed and approved by the Design Review Committee. 4. The Owner and the City acknowledge that the conditions contained herein are reasonable conditio to impose on the Ian under Iowa Code §414.5 (2011), and that said conditions sat; fy public needs that are c used by the requested zoning change. 5. The Owner a the City acknowledge that k the event the subject reams estate is trans/ectas Id, redeveloped, or subdivided, I redevelopment wiginfor with the termonditional Zoning Agreement, c i 6. The nowledge that this Conditional Zoni Agreement shall-=be 8464- be a coning with the land and with title to th land, and shat�Yenaiin fuA.,fgrce and covenant with title to the land, unless or until rele�se'ofcordly� "the City y. C.T7 Th parties further acknowledge that this agreement shall I. ure to the bene?it of and bind al successors, representatives, and assigns of the parties. 7. he Owner acknowledges that nothing in this Conditional Z ning Agreement shall be construed to relieve the Owner from complying with all other a licable local, state, and ederal regulations. 2of4 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of 2012. CITY OF IOWA CITY \ 221 -225 Linn LC, OWNER Matthew J. Hayek, Mayor By: Attest: Marian K. Karr, City Clerk Approved by: 1`x_5 City Attorney's Office`" CITY OF IOWA CITY ACKNOWLEDGEM NT STATE OF IOWA ) _' ss: JOHNSON COUNTY ) This instrument was acknowle ged before me on Hayek and Marian K. Karr as Mayor and City Clerk, , 2012 by Matthew J. of the City of Iowa City. Notary Public m and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires 3of4 OWNER ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 2012 by as of 221 -225 Linn LC. 4 of 4 )unty and State ,,-, c $ i..i j Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00026) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 7.79 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF NORTH DODGE STREET AND PRAIRIE DU CHIEN ROAD FROM MEDIUM DENSITY SINGLE FAMILY (RS -8), NEIGHBORHOOD PUBLIC (P -1) AND HIGHWAY COMMERCIAL (CH -1) TO PLANNED DEVELOPMENT OVERLAY - COMMUNITY COMMERCIAL (OPD- CC -2). (REZ12- 00026) WHEREAS, the applicant, Hy -Vee Stores, has requested a rezoning of property located at the northeast corner of the intersection of North Dodge Street and Prairie Du Chien Road from Medium - Density Single - Family Residential (RS -8), Neighborhood Public (P -1), and Highway Commercial (CH -1) to Planned Development Overlay /Community Commercial (OPD /CC2); and WHEREAS, the Comprehensive Plan, North District Plan Map, shows this area as appropriate for retail /community commercial use provided that it is designed to be compatible with the adjacent residential neighborhood; and WHEREAS, the applicant has submitted a concept plan showing how commercial redevelopment of this property can be made compatible with the adjacent neighborhood with careful building design and placement, the use of buffer areas and landscaping; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval provided that it meets conditions addressing the need for compatibility with the adjacent neighborhoods and the policies of the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of RS -8, CH -1 and P -1 to OPD /CC -2: LEGAL DESCRIPTION (TRACT #1) - REZONE FROM P -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO191'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET, TO THE POINT OF BEGINNING; THENCE N64 012'45 "E, 152.25 FEET; THENCE SOUTHWESTERLY 44.66 FEET ALONG AN ARC OF A 175.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 44.54 FOOT CHORD BEARS S48 °54'39 "W; THENCE S25 °41'52 "W, 8.25 FEET; THENCE S64 °12'45 "W, 118.43 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NO 19 I' 15 "W, ALONG SAID WEST LINE, 22.00 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2,572 SQUARE FEET, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. (TRACT #1A) - REZONE FROM P -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E, Ordinance No. Page 2 ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET; THENCE N64 °12'45 "E, 184.60 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N64 °12'45 "E, 178.92 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE S01 ° 12' 11 "E, ALONG SAID EAST LINE, 22.00 FEET; THENCE S64° 12'45 "W, 125.00 FEET; THENCE SO 1 "12' 11 "E, 146.79 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE S64° 13'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE N25 °58'47 "W, 43.37 FEET; THENCE NO1 °11'25 "W, 85.98 FEET; THENCE S25'4 1'52"E, 17.45 FEET; THENCE N64 °18'08 "E, 75.30 FEET; THENCE N25 °41'52 "W, 49.49 FEET, TO SAID POINT OF BEGINNING, CONTAINING 0.37 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION (TRACT #2) - REZONE FROM RS -8 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOl °l 1'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING; THENCE N88 048'45 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORD BEARS N61 °15'18 "E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N49 °00'00 "E; THENCE N64° 18'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SO1 ° 12' 11 "E, ALONG SAID EAST LINE, 27.51 FEET; THENCE N64 °12'45 "E, 44.86 FEET, TO A POINT ON THE WEST LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NOO °41'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION, 76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE N65 007'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 158.32 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N00 036'30 "W, ALONG THE EAST LINE OF LOT C OF SAID YEGGY'S FIRST ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; THENCE N88 °25'19 "E, 158.03 FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE S01 °1 1'05 "E, ALONG SAID NORTH LINE, 157.65 FEET; THENCE S64 °53'24 "W, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE S65 °38'32 "W, ALONG THE NORTH LINE OF LOT Y OF SAID YEGGY'S FIRST ADDITION, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A POINT ON THE SAID EAST LINE OF LOT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE SO 1 ° 12' 11 "E, ALONG SAID EAST LINE, 0.44 FEET; THENCE S64° 12'45 "W, 363.52 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NOI °11'15 "W, ALONG SAID WEST LINE, 32.25 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.47 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION (TRACT #3) - REZONE FROM CH -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF BEGINNING; THENCE N64 °12'45 "E, 123.87 FEET; THENCE SO1 °11'25 "E, 99.09 FEET; THENCE S25 °58'47 "E, 43.37 FEET; THENCE N64° 13'01 "E, 94.68 FEET; THENCE N01 ° 12' 11 "W, 146.79 FEET; THENCE N64 012'45 "E, 125.00 FEET, TO A POINT ON THE EAST LINE OF LOT 14 OF SAID ST. MATTHIAS SECOND ADDITION; THENCE NO 1 ° 12' 11 "W, ALONG SAID EAST LINE, 22.44 FEET; THENCE N65 °38'32 "E, ALONG THE NORTH LINE OF LOT Y, OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N64 °53'24 "E, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO A POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT Ordinance No. Page 3 PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 27.69 FEET; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 185.34 FEET; THENCE N88 °48'55 "E, ALONG SAID NORTH LINE, 12.29 FEET, TO A POINT ON THE WEST LINE OF LOT 10 OF ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °53'07 "E, 193.31 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 10 OF ST. MATTHIAS SECOND ADDITION; THENCE SOI °l 1'05, ALONG SAID EAST LINE, 203.80 FEET, TO ITS INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF NORTH DODGE STREET; THENCE S64° 13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 592.68 FEET; THENCE S64013'1 81-W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64'13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 °46'59 "E, ALONG SAID NORTH RIGHT -OF -WAY LINE, 2.00 FEET; THENCE S64° 1 3'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 39.43 FEET; THENCE S69 °55'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE S64-13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 37.48 FEET; THENCE S88 048135 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE SO1 °56'19 "E, ALONG SAID NORTH RIGHT - OF -WAY LINE, 33.08 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 9.29 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRAIRIE DU CHIEN ROAD; THENCE NO1 011'15 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEET, TO SAID POINT OF BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION ll. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK A prov d by P Attorney Repr ting the City Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00026) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Roberts Dairy Company, L.L.C., an Illinois limited liability company (hereinafter "Owner ") and Hy -Vee, Inc., an Iowa corporation (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of approximately 7.37 acres of property located on the north side of North Dodge Street between Prairie Du Chien Road and North Dubuque Road; and WHEREAS, the City owns approximately .42 acres of adjacent property including right - of -way of St. Clements Street, which the Applicant proposes to purchase; and WHEREAS, the Owner and Applicant have requested the rezoning of said property from Medium - Density Single - Family Residential (RS -8), Neighborhood Public (P -1), and Highway Commercial (CH -1) to Planned Development Overlay /Community Commercial (OPD /CC -2); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding redevelopment of the property with a design that is compatible with the adjacent residential neighborhood, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for compatibility with the North District Plan and the adjacent residential neighborhood; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Roberts Dairy Company is the legal title holder of the property legally described as: LFGAL DESCRIPTION (TRACT #2) - REZONE FROM RS -8 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO 19 1'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING; THENCE N88 °48'45 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORD BEARS N61'1 5'1 8"E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N49 °00'00 "E; THENCE N64 °18'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SO1 °12'11 "E, ALONG SAID EAST LINE, 27.51 FEET; THENCE N64 °12'45 "E, 44.86 FEET, TO A POINT ON THE WEST LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N00 °41'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION, 76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE N65 007'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 158.32 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N00 °36'30 "W, ALONG THE EAST LINE OF LOT C OF SAID YEGGY'S FIRST ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; THENCE N88 °25'19 "E, 158.03 FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO1 9 1'05 "E, ALONG SAID NORTH LINE, 157.65 FEET; THENCE S64 °53'24 "W, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO THE NORTHWEST CORNER THEREOF; THENCE S65°38'32 "W, ALONG THE NORTH LINE OF LOT Y OF SAID YEGGY'S FIRST ADDITION, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A POINT ON THE SAID EAST LINE OF LOT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE SO1 °12'11 "E, ALONG SAID EAST LINE, 0.44 FEET; THENCE S64 °12'45 "W, 363.52 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NOVI I'l5 "W, ALONG SAID WEST LINE, 32.25 FEET, TO SAID POINT OF BEGINNING, CONTAINING 1.47 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. i.FGAT, DESCRIPTION (TRACT #3) - RFZONF FROM CH -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 107.61 FEET, TO THE POINT OF BEGINNING; THENCE N64° 12'45 "E, 123.87 FEET; THENCE SO 1 ° 11'25 "E, 99.09 FEET; THENCE S25 °58'47 "E, 43.37 FEET; THENCE N64 °13'01 "E, 94.68 FEET; THENCE NO1 °12'I 1 "W, 146.79 FEET; THENCE N64 °12'45 "E, 125.00 FEET, TO A POINT ON THE EAST LINE OF LOT 14 OF SAID ST. MATTHIAS SECOND ADDITION; THENCE NO1 °12'I 1 "W, ALONG SAID EAST LINE, 22.44 FEET; THENCE N65 °38'32 "E, ALONG THE NORTH LINE OF LOT Y, OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N64 °53'24 "E, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO A POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 27.69 FEET; THENCE N88'48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 185.34 FEET; THENCE N88 °48'55 "E, ALONG SAID NORTH LINE, 12.29 FEET, TO A POINT ON THE WEST LINE OF LOT 10 OF ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N88 °53'07 "E, 193.31 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 10 OF ST. MATTHIAS SECOND ADDITION; THENCE SOI'l F05, ALONG SAID EAST LINE, 203.80 FEET, TO ITS INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF NORTH DODGE STREET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 592.68 FEET; THENCE S64 °13'18 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 °46'59 "E, ALONG SAID NORTH RIGHT - OF -WAY LINE, 2.00 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 39.43 FEET; THENCE S69 °55'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE S64 013'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 37.48 FEET; THENCE S88 °48'35 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE SO1 °56'19 "E, ALONG SAID NORTH RIGHT - OF -WAY LINE, 33.08 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 9.29 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRAIRIE DU CHIEN ROAD; THENCE N01 °11'15 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEET, TO SAID POINT OF BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The City is the legal title holder of the property legally described as: 2 i.E_GAi_. DESCRIPTION (TRACT #1) - REZONE FROM P -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET, TO THE POINT OF BEGINNING; THENCE N64 012'45 "E, 363.52 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SO1 °12'11 "E, ALONG SAID EAST LINE, 22.00 FEET; THENCE S64 °12'45 "W, 125.00 FEET; THENCE SO1 °12'11 "E, 146.79 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE S6493,01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE N25 °58'47 "W, 43.37 FEET; THENCE NO1 °11'25 "W, 99.09 FEET; THENCE S64 °12'45 "W, 123.87 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; THENCE NOI -I I'15 "W, ALONG SAID WEST LINE, 22.00 FEET, TO SAID POINT OF BEGINNING, CONTAINING 0.51 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the North District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2011) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 4. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: A) A buffer area generally consistent with the attached plan shall be established along the western property line of the parcel rezoned to CC -2. This buffer must be screened to the S3 standard. Wherever the buffer area is less than 35 feet a masonry wall shall be provided consistent with the attached plan. B) No signs shall be permitted within the 35 foot buffer, or on the north and /or west sides of the convenience store facing the residential development, except for a monument sign at the intersection of Dodge Street and Prairie Du Chien Road. There will be no more than two (2) free - standing signs permitted along the Dodge Street frontage. Other fascia and monument signs are permitted as per the code. C) Any building or structure including canopies shall be of a quality design appropriate for property abutting a residential neighborhood, including features such as stone and masonry materials, standing seam metal roofs, and muted colors. The design of any buildings as well as associated structures and facilities must be presented to and approved by the Design Review Committee prior to the City issuing a building permit. D) Existing evergreen screening and mature trees will be preserved along the northwest side of the property where possible. E) A bus pull off, the design of which must be approved by the City Engineer, shall be constructed by the Applicant within the Dodge Street right -of- way. F) Development and landscaping shall be generally consistent with the attached plan. G) A parapet wall shall be provided on the northwest wall of the 3 grocery store to buffer roof top equipment. 5. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), and that said conditions satisfy public needs that are caused by the requested zoning change. 6. The Owner and Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. 8. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 9. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 10. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. 11. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall form one and the same agreement. For purposes of executing and delivering this Agreement, a facsimile or scanned and emailed signature shall be as effective as an original signature. Dated this _ day of , 20_. City: CITY OF IOWA CITY Matthew Hayek, Mayor Attest: Marian K. Karr, City Clerk 4 Approved by: Attorney Representing the City CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2012 by Matthew Hayek and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) 5 Owner: Roberts Dairy Company, LLC, an Illinois limited liability company By: Its: Partner STATE OF -'Y) l lsy ` 1 , COUNTY OF , ss: This in ment was acknowledgechbe- me o Z � ' by �► as z2� of Robe Dairy Company, LL(;, an lI hnoi limite ility company. tary Pu tic ... _ ,lAHN M. AL�DRE.O b F MiSSQ�F al reeve County :'v a oMimi%%Io t Expires ov. 5.2015 fnmialon #11480004 Applicant: Hy -Vee, Inc., an Iowa corporation Anthon b,Cann, Sr. Vice President By: `� �-- /Ur~4�.ah 141 (ft (print name) Its: AsSrsfm,* 5et, -A v STATE OF IOWA, COUNTY OF POLK, ss On this I S+'` day of Peui,— ov 2012, before me, the undersigned, a Notary Public in and for the state of Iowa, personally appeared Anthony McCann and 10&\ to me personally known, who being by me duly sworn did say that they are the Sr. Vice President and respectively, of Hy -Vee, Inc., an Iowa corporation, that the instrument to which this is attached was signed on behalf of said corporation by authority of its Board of Directors; and that the said Anthony McCann and 41a6,An 141(t--, as such off ers acknowledged the execution of said instrument to be the voluntary act and deed of said corpo ion, by it and by -them voluntarily executed. MAT iNA D. MASSMAN Not�a'Fy P blic in and for th . . COMMISSION HO. 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CLEMENT ST 'o��— aUy� Hy�a Ode \ PRAIRIE DO oZ � Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 12/18/2012 Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published l �°i Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00026) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made be n the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Roberts D Try Company (hereinafter "wner ") and Hy -Vee Stores, Inc (hereinafter "Applicant "). WHEREAS, Owner is t e legal title holder of approx mately 7.37 acres of property located on the north side of N h Dodge Street between Pr irie Du Chien Road and North Dubuque Road; and WHEREAS, the City owns proximately .42 acres adjacent property including right - of -way of St. Clements Street, which he Applicant propose to purchase; and WHEREAS, the Owner and Ap licant have reque ted the rezoning of said property from Medium - Density Single - Family Reside ial (RS -8)Vsd N 'ghborhood Public (P -1), and Highway Commercial (CH -1) to Planned Developm mmunity Commercial (OPD /CC -2); and WHEREAS, the Planning and Zosion has determined that, with appropriate conditions regarding redevelopment of with a design that is compatible with the adjacent residential neighborhood, the ring is consistent with the Comprehens ive Plan; and WHEREAS, Iowa Code §414.5 ( 11 provides that the City of Iowa City may impose reasonable conditions on granting an pplic It, rezoning request, over and above existing regulations, in order to satisfy public n ds cau ed by the requested change; and WHEREAS, the Owner d Applica t acknowledge that certain conditions and restrictions are reasonable to a ure the deve pment of the property is consistent with the Comprehensive Plan and the ne d for compatibil y with the North District Plan and the adjacent residential neighborhood; and WHEREAS, the Owy(er and Applicant ag the terms and conditions gr a Conditional Zoning NOW, THEREFORE, �XS consideration of the m agree as follows: / to develop this property in accordance with I promises contained herein, the parties 1. Roberts Daify Company is the legal title holder\of the property legally described as: LEGAL DESCRIPTION TRACT #Z - REZONE FROM RS- TQ CU-2 COMMENCING THE NORTHWEST CORNER OF LOT 14, T. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF CORDED IN PLAT BOOK 17, AT PAGE 583, IN THE ORDS OF THE JOHNSON COUNTY RECORD 'S OFFICE; THENCE S01 011'15 "E, ALONG THE ST LINE OF SAID LOT 14, A DISTANCE OF 53. 6 FEET, TO THE POINT OF BEGINNING; THENCE N8 48'45 "E, 10.00 FEET; THENCE NORTHEASTERLY, 44.29 FEET, ALONG AN ARC OF A 150.00 FOO RADIUS CURVE, CONCAVE NORTHWESTERLY, OSE 138.79 FOOT CHORD BEARS N61 °15'18" ;THENCE NORTHEASTERLY, 80.12 FEET, ALONG A ARC OF A 150.00 FOOT RADIUS CURVE, NCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHO BEARS N49 °00'00 "E; THENCE N64018'0 E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID OT 14; THENCE S01 ° 12' 11 "E, ALONG SAID EAST LINE, 27.51 FEET; THENCE N64 °12'45 "E, 44.86 FEET, TO A POINT ON THE WEST LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N00 °4 1'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION, 76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE N65 °07'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 158.32 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N00 °36'30 "W, ALONG THE EAST LINE OF LOT C OF SAID YEGGY'S FIRST ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; THENCE N88 °25'19 "E, 158.03 FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT EREOF RECORDED IN PLAT BOOK 44, A PAGE 325, IN SAID RECORDS OF THE JOHNSON CO TY RECORDER'S OFFICE; THENCE N88 °48 55 "E, ALONG THE NORTH LINE OF SAID, PARCEL 96064, A DISTANCE OF 12.29 FEE ; THENCE SO191'05 "E, ALONG SAID NORTH LINE, 157.6 FEET; THENCE S64 °53'24 "W, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITI N, AND ITS EASTERLY PROJECTION THEOOF, 188.89 FEET, TO THE NORTHWEST CORNER THE OF; THENCE S65 °38'32 "W, ALONG THE 14ORTH LINE OF LOT Y OF SAID YEGGY'S FIRST ADDITION, A D ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO A POINT ON THE SAID EAST LINE OF OT 14 OF ST. MATTHIAS SECOND ADDITION; THENCE SO 1 ° 12'11 "E, ALONG SAID EAST LIN 0.44 FEET; THENCE S64° 12'45 "W, 63.52 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; TH CE NO 1 ° 11' 15 "W, ALONG SAID/WEST LINE, 32.25 FEET, TO SAID POINT OF BEGINNING, CONTA G 1.47 ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF CORD. / COMMENCING AT THE NORTHWEST CO ER OF LOT 14, ST ATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE AT THEREOF CORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON C NTY RECO ER'S OFFICE; THENCE SO1 °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14,A ISTANCE 107.61 FEET, TO THE POINT OF BEGINNING; THENCE N64° 12'45 "E, 123.87 FE T; THEN SO 1 ° 11'25 "E, 99.09 FEET; THENCE S25 °58'47 "E, 43.37 FEET; THENCE N64° 13'01 "E 4.68 F ET; THENCE NO 1 ° 12' 11 "W, 146.79 FEET; THENCE N64 °12'45 "E, 125.00 FEET, TO A POINT ON TH AS LINE OF LOT 14 OF SAID ST. MATTHIAS SECOND ADDITION; THENCE NO 1 ° 12'11 "W, ALONG SA ST LINE, 22.44 FEET; THENCE N65 038'32 "E, ALONG THE NORTH LINE OF LOT Y, OF YEGGY'S FI S ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PL OOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, I S WESTERLY PROJECTION THEREOF, 201.58 FEET, TO THE NORTHEAST CORNER THEREOF; NC N64 053'24 "E, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, AN ITS EA TERLY PROJECTION THEREOF, 188.89 FEET, TO A POINT ON THE NORTH LINE OF AUDIT R'S P RC L 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THE OF RE O ED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUN RECO ER' OFFICE; THENCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 27.69 FEET; THENCE 88 °48'55 "E AL G THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF .29 FEET; T NCE`" SO 10 11'05 "E, ALONG SAID NORTH LINE, 185.34 FEET; THENCE N88 °48'55 "E, AL NG SAID NOR H LI E, 12.29 FEET, TO A POINT ON THE WEST LINE OF LOT 10 OF ST. MATTHIAS COND ADDITI , IO A CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED PLAT BOOK 17, T PA E 583, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFF CE; THENCE N88 °53' "E, 1' 3.31 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 10 OF ST. M TTHIAS SECOND ADDI ION THENCE SO1 °11'05, ALONG SAID EAST LINE, 203.80 FEET, TO ITS INT SECTION WITH THE NO TH GHT -OF -WAY LINE OF NORTH DODGE STREET; THENCE S64° '01 "W, ALONG SAID NORT RI T -OF -WAY LINE, 592.68 FEET; THENCE S64 °13'18 "W, LONG NORTH RIGHT -OF -WAY L E,', 7.03 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT- F -WAY LINE, 180.79 FEET; THE E S25 046'59 "E, ALONG SAID NORTH RIGHT - OF -WAY LINE, 2.00 EET; THENCE S64 °13'01 "W, ALONG ID NORTH RIGHT -OF -WAY LINE, 39.43 FEET; THENCE S6 55'40 "W, ALONG SAID NORTH RIGHT -WAY LINE, 40.20 FEET; THENCE S64 013'01 "W, ALO G SAID NORTH RIGHT -OF -WAY LINE, 3 8 FEET; THENCE S88 °48'35 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE SO 6'19 "E, ALONG SAID NORTH RIGHT - OF -WAY LINE, 33.08 FEET; THENCE S640 13'01 "W, ALONG SAI NORTH RIGHT -OF -WAY LINE, 9.29 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY INE OF PRAIRIE DU CHIEN ROAD; THENCE NO1 011'15 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 19.03 FEET, TO SAID POINT OF 2 BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The City is the legal title holdet of the property legally described as: COMMENCING AT THE NORTHWEST CO ER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE AT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON CO NTY RECORDER'S OFFICE; THENCE SO ]'I 1'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A D STANCE OF 85.61 FEET, TO THE PO T OF BEGINNING; THENCE N64 0I2'45 "E, 363.52 FEET, TO A POIN ON THE EAST LINE OF SAID LOT 4; THENCE SO 1 ° 12' 11 "E, ALONG SAID EAST LINE, 22.00 FE ;THENCE S64012-45 "W, 125.00 EET; THENCE S01 ° 12'11 "E, 146.79 FEET, TO A POINT ON THE S UTH LINE OF SAID LOT 14; HENCE S64° 13'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE 25 °58'47 "W, 43.37 FEET; ENCE NO1 °11'25 "W, 99.09 FEET; THENCE S64 °12'45 "W, 123.87 FEET, TO A P T ON THE WEST LIN OF SAID LOT 14; THENCE NO1 °11'15 "W, ALONG SAID WEST LINE, 22.00 FEE TO SAID POINT OF EGINNING, CONTAINING 0.51 ACRE, MORE OR LESS, AND SUBJECT TO EAS MENTS AND RE S CT OF RECORD. 3. The Owner and Applicant acknowledge V the principles of the Comprehensive Plan acknowledge that Iowa Code §414.5 (20 impose reasonable conditions on grantin above the existing regulations, in order to change. / �t the ty wishes to ensure conformance to id th North District Plan. Further, the parties 1) rovides that the City of Iowa City may n applicant's rezoning request, over and tisfy public needs caused by the requested 4. In consideration of the City's rezonin 4he su ject property, Owner and Applicant agree that development of the subject pr �erty wil conform to all other requirements of the zoning chapter, as well as the follm#ling conditi ns: A) A buffer area nerally consi established along the estern property buffer must be scree ed to the S3 sta than 35 feet a maso ry wall shall be prc B) No signs hall be permitted withil and /or west sid s of the convenience sto except for /Ddge nument sign at the inters( Chien Rohere will be no more than along the Street frontage. Other fas as per the . nt with the attached plan shall be of the parcel rezoned to CC -2. This ird. Wherever the buffer area is less ed consistent with the attached plan. the 35 foot buffer, or on the north facing the residential development, Lion of Dodge Street and Prairie Du ivo (2) free - standing signs permitted and monument signs are permitted C) ny building or structure including ca i appro ate for property abutting a residential such as ri stone and masonry materials, standin coI S. The design of any buildings as well as a: m st be presented to and approved by the Desig ty issuing a building permit. D) Existing evergreen screening and mature the northwest side of the property where possible. 3 ;s shall be of a quality design ighborhood, including features seam metal roofs, and muted ociated structures and facilities Review Committee prior to the will be preserved along E) A bus pull off, the design of which must be approved by the City Engineer, shall be constructed by the Applicant within the Dodge Street right -of- way. F) Develop nt and landscaping shall b enerally consistent with the attached plan G) A pa pet wall shall be provided on the ;coitions st wall of the grocery store o buffer roof top equipment. 5. The Owner and Appl ant, and City acknowledge that th contained herein are reasonable conditi ns to impose on the land under Ie §414.5 (2011), and that said conditions s tisfy public needs that are cauhe requested zoning change. 6. The Owner and Applican and City acknowledge that ' the event the subject property is transferred, sold, redevel ped, or subdivided, all r development will conform with the terms of this Conditional Z ning Agreement. 7. The parties acknowledge th t this Condition oning Agreement shall be deemed to be a covenant running with the nd and with ' le to the land, and shall remain in full force and effect as a covenant wit title to the and, unless or until released of record by the City of Iowa City. The parties further acknowledge th this agreement shall inure to the benefit of and bind all successors, representatives, aVd assigns of the parties. 8. The Owner and Applicant ck w Agreement shall be constru to re ie other applicable local, stat , and fed r 9. The parties agree tha this Conditic reference into the ord' ance rezoning publication of the or inance, this agr Recorder's Office a the Applicant's ex Dated this day of CITY OF IOWA CITY/ Matthew Hayek,,Mayor Attest: Marian K. Karr, City Clerk Approved by: edge that nothing in this Conditional Zoning the Owner or Applicant from complying with all I regulations. 4 Zoning Agreement shall be incorporated by subject property, and that upon adoption and ent shall be recorded in the Johnson County 20 By: By: jj - Atto ney Representi CITY OF IOWA CIT % City ACKNOWLEDGEMENT: STATE OF IOWA ) ( ) ss: JOHNSON COUNTY 1 ) This instrument was and Marian K. Karr as before me on 2012 by Matthew Hayek and City Clerk, respectively, of the City of Iowa City. CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was ackn Company. CORPORATE ACKNOWLEDGEMENT: STATE OF LOWA ) ) ss: JOHNSON COUNTY ) Notary Pub9d in and for the State of Iowa (Sta/(and r Seal) Titl Rank) before me on , 2012 by as `. of Roberts Dairy Nota Public in and for said County and State (Stamp r Seal) Title (a4 Rank) 5 This instrument was acknowledged before me on , 2012 by of Hy -Vee Stores, aunty and State To: Planning and Zoning Commission Item: REZ12- 00026, CPA12 -00005 VAC12 -00004 and SUB12 -00012 GENERAL INFORMATION: STAFF REPORT Prepared by: Robert Miklo Date: November 15, 2012 Applicant: Hy -Vee Stores, Inc. 5820 Westown Parkway West Des Moines, Iowa 50266 Contact Person: John Brehm 515 -453 -2795 jbrehm @hy- vee.com Requested Action: Amendment of the Comprehensive Plan, North District Plan, rezoning from RS -8, CH -1 and P -1 to OPD /CC -2 (a planned development overlay is required due to the disturbance of more than 35% of the critical slopes located on the property), vacation of street right -of -way and preliminary plat Purpose: Location: Size: Existing Land Use and Zoning Surrounding Land Use and Zoning: Comprehensive Plan: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: Redevelopment of former dairy for a grocery store and convenience store with gas pumps 1109 and 1123 Dodge Street 8.21 acres Dairy distribution facility, vacant and City radio tower, CH -1, RS -8 and P1 North: Residential - RS -8 South: Residential and commercial - CC -2 East: Commercial (current Hy -Vee) - CN -1 West: Residential - RS -8 North District Plan: "Main Street" style retail compatible with adjacent residential November 8, 2012 December 23, 2012 The applicant, Hy -Vee Stores, has proposed rezoning an 8.21 -acre area, located on the north side of North Dodge Street between Prairie Du Chien Road and North Dubuque Road, from Medium - Density Single - Family Residential (RS -8), Neighborhood Public (P -1), and Highway 2 Commercial (CH -1) to Planned Development Overlay /Community Commercial (OPD /CC -2); vacation of the St. Clements Street right -of -way and approval of a preliminary plat of Roberts Dairy Addition. The purpose of these applications is to allow the Roberts Dairy property and adjacent properties including public alley right -of -way to be redeveloped for a grocery store and convenience store including a gas station. The applicant has also proposed an amendment to the Comprehensive Plan, which contains text indicating the redevelopment of the dairy property should be in a "Main Street" style compatible with the adjacent residential neighborhood. It is staff's goal to work with the applicant to develop a concept plan to allow redevelopment of the property with a design that would be compatible with the adjacent residential neighborhood so that a Comprehensive Plan amendment is not necessary. ANALYSIS: Current and proposed zoning: The current P -1 zoning provides reference to public ownership of approximately .51 -acre tract of land that contains a radio transmission tower used for radio communications for transit and inspection operations. The property contained a water tank that is no longer necessary. It currently contains a measuring device for the City's water system (the North Distribution Pressure Sensor) that is still in use. Hy -Vee proposes to purchase most of the property from the City with possibility of the City retaining approximately 5,000 square feet for the tower. Ideally both the radio tower and water pressure sensor would be relocated. The City is currently studying the feasibility of moving the tower to Fire Station 4 with the understanding that Hv -Vee would pay the expense. If an agreement is reached on relocating the tower, the entire City owned property could be purchased by Hy -Vee and incorporated into the development site. In staff's opinion this would result in a better parking lot configuration. If agreement is not reached on the relocation of the tower the area retained by the City should retain the P -1 zoning designation. A 1.81 acre tract of RS -8 zoned property located to the north side of the dairy is vacant. Previous requests to rezone that property to allow expansion of the dairy were not approved based on the goal of maintaining a buffer between the dairy and the adjacent neighborhood. There is currently a row of evergreen trees and other mature trees that were established to screen the dairy from the homes to the north. As discussed below, staff would recommend that as many of these trees as possible be preserved. The current CH -1 zoning recognizes the location of the dairy, which has been in place since at least the 1930s. Roberts Dairy recently ceased production activity at this location and it is now used only for distribution. The proposed CC -2 zoning is retail- oriented and allows most retail -type stores, restaurants and services such as hair salons, dry cleaners and banks. The CC -2 zone allows auto oriented uses such as drive through restaurants by special exception. The applicant has submitted applications to the Board of Adjustment for a drive - through pharmacy within the proposed grocery store building and a drive - through coffee shop within the proposed convenience store. Comprehensive Plan: The North District Plan future land -use map shows this area as appropriate for retail /community commercial use. However, the Plan qualifies the land use map with text indicating the redevelopment of the dairy property should be in a "Main Street" style that is compatible with the adjacent residential neighborhood. The North District Planning Principles emphasize commercial site design that is sensitive to adjacent residential areas. The Comprehensive Plan describes a "Main Street" commercial center as having buildings that are close to the street with parking lots to the rear or sides; the use of street trees and pedestrian 3 level lighting and street furniture such as benches, to improve the pedestrian environment; public or semi - public spaces such as plazas and squares. The applicant's concept plan does place the proposed grocery store near Dodge Street. If the Dodge Street side of the store is activated by display windows and uses such as the cafeteria (similar to the First Avenue Hy -Vee), it would help achieve the commercial design goals of the Comprehensive Plan. The Commercial Site Development Standards for large retail uses (over 50,000 square feet) also require that street facing facades contain display windows. As noted the applicant has also proposed an amendment to the Comprehensive Plan. Staff believes it is possible to develop a plan to allow redevelopment of the property with a design that would be compatible with the adjacent residential neighborhood so that a Comprehensive Plan amendment is not necessary. As noted below staff recommends that this rezoning be subject to a Conditional Zoning Agreement to assure compliance with the Comprehensive Plan policies. Compatibility with neighborhood: A single - family residential neighborhood is located west of Prairie Du Chien Road and north of the dairy property. A significant historic dwelling is located southwest of the subject property at the northwest corner of Dodge Street and Prairie Du Chien Road. The applicant's initial concept plan showed a convenience store with gas sales and a drive - through window on the east side of Prairie Du Chien Road with driveway access to Prairie Du Chien Road. Staff was concerned that this configuration would not be compatible with the adjacent neighborhood and recommended a design that would include a significant landscaped buffer between the residential neighborhood and the proposed convenience store. In similar situations Conditional Zoning Agreements required a decorative masonry wall and a 35 foot wide landscape buffer between residential uses and commercial development. Such a buffer along the east side of Prairie Du Chien Road would block lights and noise and visually screen the residential properties from the commercial activities. A buffer should also be provided on the north side of the proposed parking lot. In response to staff's concerns the applicant has submitted a revised concept plan that re- orient the proposed convenience store toward the interior of the commercial development and Dodge Street with the gas pumps and canopy located on the parking lot side rather than across from the homes on Prairie Du Chien Road. The revised plan also eliminated a driveway from the convenience store onto Prairie Du Chien Road. This new design will help minimize negative effects on the residential neighborhood. However, the revised concept plan reduced the width of the buffer yard from the residential zone from approximately 55 feet to as low as 15 feet (for the drive - through lane). Similar to other situations where Conditional Zoning Agreements provided a buffer yard between commercial development and existing residential neighborhoods, Staff recommends that a minimum 35 feet buffer yard and a decorative masonry fence and landscaping be required on the Praire Du Chien side of the proposed convenience store. The design of the convenience store and limited signs on the Prairie Du Chien Road side of the building could also help make it compatible with the neighborhood and would be consistent with zoning agreements that apply in similar situations. Staff recommends that the final building designs be approved by the Design Review Committee at time of site plan approval. Sensitive Areas: The northwest corner of the property contains steep and critical slopes. The applicant is proposing to establish a stormwater detention basin in this area and is proposing to re -grade up to 64% of the area containing critical slopes. The zoning code requires a Level II Sensitive Areas Review which is a type of Planned Development Overlay when more than 35% of the critical slopes on a property are proposed be re- graded. The critical slopes are located in a low part of the property that is necessary for stormwater management. As noted below the preliminary plat showing the grading was received late and therefore staff has not had time to completely review the proposed grading and stormwater management plan. 4 Preliminary Plat: The applicant is requesting approval of the preliminary plat to consolidate several lots and vacated right -of -way into two lots — lot 1 will for the grocery store and lot 2 for the convenience store. As part of the subdivision review stormwater management will need to be addressed. The applicant submitted a revised plat on November 8 which is currently being reviewed by the City Engineer. We anticipate that staff will have completed review of the plat and grading plan and will have comments available before the November 15 Planning and Zoning meeting. Right -Of -Way Vacation: St. Clements Streets bisects the dairy property. It provides access to nine residential properties located to the north of the dairy. There currently are no curbs or markings to distinguish the street from the dairy truck staging area. The street is essentially part of the dairy parking lot but also serves residential traffic. The applicant proposes that the City vacate approximately the southern half of the right -of -way and that an alternative access be provided to the nine residential properties via a newly dedicated St. Clements Street to be located within the vacant RS -8 property to the north of the dairy. In staff's view the relocated street would provide a better defined and safer access to the residential properties. It would also provide access to the grocery store property for residents of the Shimek Neighborhood located to the north and west. Hy -Vee will need to purchase the vacated right -of -way and the water tank site to add to their property. The dedication of the new right -of -way for St. Clements Street can be considered as partial compensation for the City property. Summary: In staff's view it would be possible to design a development with a grocery store and convenience store in this location and comply with the policies of the Comprehensive Plan regarding compatibility with the adjacent residential neighborhood and the goals for commercial design. A Conditional Zoning Agreement is recommended to help assure an appropriate transition or buffer between the proposed development and the neighborhood to the north and west. Vacation of the street right -of -way and approval of a plat to consolidate several properties into one development tract will allow the area to redevelop. An alternative street access to St. Clements Street will be provided. Accommodation or relocation of the City's radio tower and water pressure sensor will need to be addressed. As noted revised plans and plats were submitted on November 8 and are currently being reviewed by City Departments. Additional correction or requirements may be identified. Staff recommends the following conditions be included in a Conditional Zoning Agreement: 1,) A buffer area of no less than 35 feet shall be established along the western property line of the parcel rezoned to CC -2. This buffer must be screened to the S3 standard and include both a masonry wall of a minimum five (5) feet in height located within the eastern fifteen (15) feet of the buffer area with a dense planting of deciduous and coniferous understory and over story to the west of the wall. 2) No signs shall be permitted within the 35 foot buffer or on the south and west sides of the convenience store facing the residential development. There will be no more then two (2) free standing signs permitted along the Dodge Street frontage. Other fascia and monument signs are permitted as per the code. 3) Any building or structure including canopies should be of a quality design appropriate for property abutting a residential neighborhood, including features such as stone and masonry materials, standing seam metal roofs, and muted colors. The Design Review Committee shall approve the design of buildings as well as associated structures and facilities. 5 4) Preservation of existing evergreen screening and mature trees along northwest side of the property where possible. 5) Construction of a bus pull off within the Dodge Street right -of -way. STAFF RECOMMENDATION: Staff recommends that REZ12 -00026 be approved subject to a Conditional Zoning Agreement that provides for an appropriate transition and buffer between the proposed development and the neighborhood to the north and west as detailed above. Staff recommends approval of SUB12 -00012 a Not 8.21 -acre commercial subdivision subject to correction of items identified by the City Engineer. Staff recommends approval of VAC12- 00004, the vacation of a portion of St. Clements Street subject to relocation of utilities or the retention of necessary easements and dedication of an alternative street right -of -way. ATTACHMENTS: 1. Location Map 2. Concept Plan 3. Preliminary Plat Approved by: Jeff Davidson, Director Department of Planning and Community Development ppdadmi n \sffrep \template. doc < :J �0 � \ o b R \ ov W All CITY OF IOWA CITY MEMORANDUM Date: December 6, 2012 To: Planning and Zoning Commission From: Robert Miklo, Senior Planner Re: CPA12- 00012, REZ12- 00026, SUB1200012 and VAC12 -00004 Hy -Vee has submitted a revised plan that attempts to address the concerns raised by the Commission, the public and staff regarding the redevelopment of the Roberts Dairy site with a grocery store, convenience store and coffee shop with a drive - through window. Copies of the plan and landscaping concept area attached. Some neighbors and others who attended the meeting raised concerns about noise from loading docks, condensers and the recycling facilities. In staffs view the plan does a good job of addressing the concern about the loading docks by locating them as far from the residential area as possible. The building itself serves as a noise and visual barrier between the loading docks and the residential properties. The plan shows a berm and evergreens to screen the loading from Dodge Street. The plan illustrates that the refrigerator condensers will be located on the roof towards the northern and eastern sides of the building — away from the bulk of the neighborhood. Concerns were raised about the appearance of the parking lot given its large size. The plan includes a landscape plan showing how trees and landscaping will be used to divide the parking lot into smaller areas and to screen it from public streets. Staff finds that the plan generally meets the code, but a few more landscaping islands will need to be added to the center of the lot to meet the code requirement that large parking lots be divided into areas that do not exceed 200 feet. S2 level screening will need to be added to the south side the new St. Clements Street. To address concerns about screening the parking lot and commercial development from the residential properties to the north and along St. Clements Street, the plan shows that existing trees will be saved where possible. Where trees will be removed during the construction of the proposed relocation of St. Clements Street, an arborvitae hedge is proposed. Additional evergreens are proposed on the north side of the building. To provide a buffer between the convenience store, drive - through coffee shop and the residential area west of Prairie Du Chien Road, a detailed plan shows a brick wall wherever the drive - through lane is less than 35 feet from the property line. The buffer area will be landscaped with trees, shrubs and tall ornamental grasses. In staffs opinion this revised plan provides a sufficient buffer and will help make the proposed redevelopment compatible with the neighborhood. Therefore we do not feel that an amendment to the Comprehensive Plan is necessary. It should be noted that Board of Adjustment approval is necessary for the proposed drive - through uses (the Board is scheduled to consider this property on December 12). Based on the revised plan staff recommends that conditions recommended in the November 15 staff report be revised to reflect the buffer design proposed by the applicant. Proposed conditions include: November 30, 2012 Page 2 1) A buffer area generally consistent with the attached plan shall be established along the western property line of the parcel rezoned to CC -2. This buffer must be screened to the S3 standard. Wherever the buffer area is less than 35 feet a masonry wall shall be provided consistent with the attached plan. 2) No signs shall be permitted within the 35 foot buffer or on the south and west sides of the convenience store facing the residential development. There will be no more than two (2) free standing signs permitted along the Dodge Street frontage. Other fascia and monument signs are permitted as per the code. 3) Any building or structure including canopies should be of a quality design appropriate for property abutting a residential neighborhood, including features such as stone and masonry materials, standing seam metal roofs, and muted colors. The Design Review Committee shall approve the design of buildings as well as associated structures and facilities. 4) Preservation of existing evergreen screening and mature trees along the northwest side of the property where possible. 5) Construction of a bus pull off within the Dodge Street right -of -way. 6) Landscaping shall be generally consistent with the attached plan. Where the code requires greater landscaping it shall be provided. Staff recommends that REZ12 -00026 be approved subject to a Conditional Zoning Agreement that provides for an appropriate transition and buffer between the proposed development and the neighborhood to the north and west as detailed above. Staff recommends approval of SUB12 -00012 a 2 -lot 8.21 -acre commercial subdivision subject to correction of items identified by the City Engineer. Staff recommends approval of VAC12- 00004, the vacation of a portion of St. Clements Street subject to relocation of utilities or the retention of necessary easements and dedication of an alternative street right -of -way. ` lEti oz� i Z N gU d a S S�iliF � LIJ LU HIM ,.. • LU ;.• �.. .,. H �•..•.. Asa GI gip,` I ° e ae. a'HAf 9 LIEN o o z. VII i �ii:i Se No. w ... 0. W LIJ LU HIM ,.. • LU ;.• �.. .,. H �•..•.. Asa GI gip,` I ° e ae. a'HAf 9 LIEN 3 N 0 F3 > czs aye � W N 3 0 9 ie c p— bA V1 O � C _ _ O C U S 3 o c CX U o o n m ypOp O y t O b (BAU0148111 — -- � N z > czs � W U N bA V1 O � � O 0 N U 0 jau D 5u!ppng v� y m 3 v � t LC w F F ,(VAU010)] — v m 0 z d v o' v e a ,faM ;o 19S!'d — 0 O M a> O U � � U O � Q O O Z Q J n Qa=< _�< w Q s'y 'a4 v', o4 >Q< W ozi �o Q W I - W� 00 i W Q O qq a Km .�2 Z n/ J W Of �ilc. II I� 3 Q �e 5g5g56r ggg■ yyy�yy�Fyye,y yy� iip ®g� 9g� pY6C pY p>Iy ��''��a 5� ° sBs § §3�E9 &a 11,111 i'llf moll 3�II n is III ���R� °N■S.o 'f g� Illli Mao ON j`° am MUM 3 �'e --- -- - -- --- _ S ss� na cs oe c =wz /cNie awxmaseo \- uro- asm \aao \� k -' fr a ° pOp �� 3 €p rrM° „ €H; € bl €Nis B cS=!z � ji €rc5 €akQj =�o �a as f z €�� €Wwlo & €<in5ZW z� . iNq 9? ff m�sgaj�= N '6 =�FiN9i�z 'rae$„y�a <ss8�j��m O����N @T§ �w s � s;” "yw bid aw=g €= �k^ NO spa ?a� -a gg� n P� Mao ON j`° am MUM 3 �'e --- -- - -- --- _ S ss� na cs oe c =wz /cNie awxmaseo \- uro- asm \aao \� k -' fr a ° pOp �� 3 €p rrM° „ €H; € bl €Nis B cS=!z � ji €rc5 €akQj =�o �a as f z €�� €Wwlo & €<in5ZW z� . iNq 9? ff m�sgaj�= N '6 =�FiN9i�z 'rae$„y�a <ss8�j��m O����N @T§ �w s � s;” "yw bid aw=g €= �k^ NO spa ?a� -a November 15, 2012 To: Iowa City Planning and Zoning Commission From: Nancy Adams -Cogan and Rodney R. Strampe, (20 year residents and owners - 1117 St Clements Alley) RE: N. Dodge St. (CPA12- 00005 /REZ12- 00026/SUB12- 00012/VAC12- 00005) Hy Vee Stores is a good land use choice for the area currently occupied by Roberts Dairy. However, we do have some concerns. The rezoning of Tract #2 from RS8 to CC2 would shrink the area of the neighborhood and remove some of the buffer between that which will be rezoned to CC2 and the rest of the residential area located north of the CC2 zone. Some of Tract #2 is currently green space with established large trees and we believe that it should remain that way, except for a slight correction where St Mathias Alley currently adjoines Prairie du Chien Rd. The two lots that face west onto St Clement's Alley on the east side of St Clement's Alley should also remain RS8, thereby adding to the buffer zone and could be better used to create a sound barrier between the neighborhood and the commercial area. We can currently hear the racket produced by Hy -Vee in their recycling program, and do not welcome that source of sound pollution in a closer location. Property values tend to decline when located close to commericial areas. That concerns us too. Traffic on Prairie du Chien Rd has increased considerably in recent years to the point that one must often wait a long time to access Prairie du Chien Rd from St Mathias Alley. Often traffic backs up past Kimball Ave durring peak hours. The new store will create even more traffic. Perhaps a traffic light could be considered at the intersection of Prairie du Chien Rd and St Mathias Alley. Emergency access to St Clement's Alley is also a consideration. / %A9 Nancy Ja m s -Cogan 3 Rodney . Strampe From: dbaculis @mchsi.com Sent: Sunday, December 02, 2012 12:00 PM To: PlanningZoningPublic Subject: Hy -Vee Application for re- zoning Hello: Just wanted to let you know that I approve of the re- zoning application on North Dodge St. submitted by Hy- Vee. The neighborhood needs an expanded grocery/pharmacy /deli shopping area. I know it will add more traffic and parking, but that's better than the noisy dairy trucks that were there previously. I live in the area, so look forward to this expansion. - -Diana Baculis 1018 North Summit St. Iowa City 319- 354 -8790 Prepared q: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; ORDINANCE NO. (REZ12 -00026) 12 -18 -12 4e ORDINANCk REZONING APPROXIMATELY 7.78 ACRES OF LAN LOCATED AT THE NORTHEAST "CORNER OF THE INTERSECTION OF NORTH DODGE STREET AND PRAIRIE DU CHIEN ROAD OM MEDIUM DENSITY SINGLE FAMILY (RS -8), f EIG ORHOOD PUBLIC (P -1) AND HIGHWAY OMMERCIAL (CH -1) TO PLANNED DEVELOPME OVERLAY-COMMUNITY COMMERCIAL (OP - CC -2). (REZ12 -00026) WHEREAS, the applica Hy Vee Stores, has requested a rezoning of operty located at the - northeast corner of the intersection of rth Dodge Street and Prairie Du Chien Ro d from Medium-Density Single- Family Residential (RS -8), Ne hborhood Public (P -1), and Highway ommercial (CH -1) to Planned Development Overlay /Community ommercial (OPD /CC2); and WHEREAS, the Comprehensiv Plan, North District Plan Map, hows this area as appropriate for retail/community commercial use prov ed that it is designed to be patible with the adjacent residential neighborhood; and WHEREAS, the applicant has submitt a concept plan property can be made compatible with a adjacent nE placement, the use of buffer areas and landsc ing; and WHEREAS, the Planning and Zoning Co miss recommended approval provided that it meets ndil adjacent neighborhoods and the policies of the Com e WHEREAS, Iowa Code §414.5 (2011) provide conditions on granting an applicant's rezoning reque satisfy public needs caused by the requested change; WHEREAS, the owner and 'applicant have agreec with the terms and conditions of the Conditional Zonir development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY H IOWA; SECTION I APPROVAL. Property describ d below is designation of RS -8, CH -1 and P -1 to OPD /CC- . has how commercial redevelopment of this ,od with careful building design and the proposed rezoning and has Pressing the need for compatibility with the Plan; and e City of Iowa City may impose reasonable r and above existing regulations, in order to the property shall be developed in accordance 'Vement attached hereto to ensure appropriate E CITY OF THE CITY OF IOWA CITY, reclassified from its current zoning (TRACT #1) - REZONE FROM P -I TO C -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHI\FH D ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WIT THE PLAT THEREOF RECORDED BOOK 17, AT PAGE 583, IN THE RECORDS OF THE OHNSON COUNTY RECORDER'S OHENCE SOI °11'15 "E, ALONG THE WEST LINE OF SAID OT 14, A DISTANCE OF 85.61 FEET, TINT OF BEGINNING; THENCE N64 °12'45 "E, 152.25 T; THENCE SOUTHWESTERLY 44.66 ONG AN ARC OF A 175.00 FOOT RADIUS CURVE, ONCAVE NORTHWEST ERLY, WHOSE OT CHORD BEARS S48 °54'39 "W; THENCE S25 °41' 2 "W, 8.25 FEET; THENCE S64 °12'45 "W, TO A POINT ON THE WEST LINE OF SAID L T 14; THENCE NOI *I I'15 "W, ALONG SAID 22.00 FEET, TO SAID POINT OF BEGINNIN , CONTAINING 2,572 SQUARE FEET, MORE S, A D SUBJECT TO EASEMENTS AND RESTRI TIONS OF RECORD. (TRACT #1 A) - REZO E FROM P -1 TO CC -2 COMMENCING AT E NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITI IOWA CITY, IOWA, IN A CORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, A PAGE 583, IN THE WORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SOI- 1 \15 "E, Ordinance No, Page 2 ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 85.61 FEET; THENCE N64 012'45 "E, 184.60 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING N64° 12'45 "E, 178.92 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SOVI2'11 "E, ALONG SAID EAST LINE, 22.00 FEET; THENCE S64° 12'45 "W, 125.00 FEET; THENCE SO I'12'11 "E, 146.79 FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE S640 13'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; THENCE N25 058'47 "W, 43.37 FEET; THENCE NOI'l 1125 "W, 85.98 FEET; THENCE S25 °41'52 "E, 17.45 FEET; THENCE N64 018108 "E, 75.30 FEET; THENCE N25 °41'52 "W, 49.49 FEET, TO SAID POINT OF BEGINNING, CONTAINING 0.3� ACRE, MORE OR LESS, AND SUBJECT TO EASEMENTS AND �ESTRICTIONS OF RECORD. COMMENCING AT THE N THWEST CORNER OF LOT 14, ST. MATTHIAS SEC ND ADDITION, IOWA CITY, IOWA, IN ACCORDA E WITH THE PLAT THEREOF RECORDED IN P T BOOK 17, AT PAGE 583, IN THE RECORDS OF TH OHNSON COUNTY RECORDER'S OFFICE; NCE SO1 °11'15 "E, ALONG THE WEST LINE OF SA LOT 14, A DISTANCE OF 53.36 FEET, TO HE POINT OF BEGINNING; THENCE N88 048'45 "E, 10.00 FEET, THENCE NORTHEASTERLY, 144.29 FE T, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CO AVE NORTHWESTERLY, WHOSE t 8.79 FOOT CHORD BEARS N61 °15'18 "E; THENCE NORTHEAST Y, 80.12 FEET, ALONG AN AR OF A 150,00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERL WHOSE 79.17 FOOT CHORD EARS N49 °00'00 "E; THENCE N64-1 8'08"E, 150.18` FEET, TO A POINT THE EAST LINE OF SAI OT 14; T14ENCE SO 1 ° 12'11 "E, ALONG SAID EAST LINE, 27:51 FEET; NCE I '12-45"E,44.86 BET, TO A POINT ON THE WEST LINE OF YEGGY'S FIRST ADDITION'IOW CITY, IOWA, IN AC RDANCE °WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, SAID RECORDS F THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE NOO °41'26 "W, LONG SAID ST LINE OF YEGGY'S FIRST ADDITION, 76.28 FEET, TO THE NORTHWEST CORNER OF OT 'B OF S YEGGY'S FIRST ADDITION; THENCE N65 °07'33 "E, ALONG THE NORTH LINE OF SAID OT B, 15 .32 FEET,; TO THE NORTHEAST CORNER THEREOF; THENCE NOO'36'30 "W, ALONG THE EA T LIN OF LOT C OF SAID YEGGY'S FIRST ADDITION, AND ITS NORTHERLY PROJECTION TH R F, 123.75 FEET; THENCE N88 °25' 19 "E, 158.03 FEET, TO THE NORTHWEST CORNER OF AUDITOR'S ARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF R.ECOR IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDE OF CE; THENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 9606 , A DIST NCE OF 12.29 FEET; THENCE SO ]'I 1'05 "E, . ALONG SAID NORTH LINE, 157.65 FEET; THE E S64 053'2 "W, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY`S FIRST ADDITION, AND IT EASTERLY P JECTION THEREOF, 188.89 FEET, TO THE NORTHWEST CORNER THEREOF; TH CE S65 °38'32 "W, LONG THE NORTH LINE OF LOT Y OF SAID YEGGY'S FIRST ADDITION, AND IT WESTERLY PRO' ION THEREOF, 201.58 FEET, TO A POINT ON THE SAID EAST LINE OF LO 14 OF ST. MATTHIAS S OND ADDITION; THENCE S01 °12'11 "E, ALONG SAID EAST LINE, .44 FEE'r; I'HENCE S64 "12' "W, 363.52 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; NCE NO1 °11'15 "W, ALONG SA D WEST LINE, 32.25 FEET, TO SAID POINT OF BEGINNING, CON INING 1.47 ACRE, MORE OR LE AND SUBJECT TO EASEMENTS AND RESTRICTION OF RECORD. COMMENC/E5 T THE NOR WEST CORNER OF LOT 14, ST. MATTHIAS ADDITION, IOWA CITY, IOWACCORDA E WITH THE PLAT THEREOF RECORDED IN P AT BOOK 17, AT PAGE 583, IN THE RDS OF E JOHNSON COUNTY RECORDER'S OFFICE; TH CE 501 °11'15 "E, ALONG THST LINE F SAID LOT 14 A DISTANCE OF 107.61 FEET, TO T POINT OF BEGINNINGNCE 4'12'45 "E, 123.87 FEET; THENCE SOI'l 1'25 "E, 99.09 FE THENCE S25 °58'47 "E FEE , THENCE N64-13'01"E, 94.68 FEET; THENCENOI' 12' 1 I "W, \46FEE FEET; THENCE N645 "E 25.00 FEET, TO A POINT ON THE EAST LINE OF LOT 14 OST. MATTHIAS N ADDITION; THENCE NOl'12'1 I "W, ALONG SAID EAST LINEFEET; THENCE N65 °38'32 "EN THE NORTH LINE OF LOT Y, OF YEGGY'S FIRST ADDITIONCITY, IOWA, IN ACCORDE TH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PIN SAID RECORDS JOHNSON COUNTY RECORDER'S OFFICE, AND ITS WESTERLCTION THEREOF, FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N64 °, A ONG THE NORTH LINLOT X OF SAID YEGGY'S FIRST ADDITION, AND ITS EASTERLEC ON THEREOF, FEET, TO A POINT ON THE NORTH LINE OF AUDITOR'S PARC4, JO SON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN POK 44, AT Ordinance No. Page 3 PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S01 °11'05 "E, ALONG SAID NORTH LINE, 27.69 FEET; THENCE N88 °48'55 "E,.ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; THENCE SOl °I 1'05 "E, ALONG SAID NORTH LINE, 185.34 FEET; THENCE N88 048155 "E, ALONG SAID NORTH LINE, 12.29 FEET, TO A POINT ON THE WEST LINE OF LOT 10 OF ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOW 4, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN SAI RECORDS OF THE JOHNSON CO RECORDER'S OFFICE; THENCE N88 153'07 "E, 193.31 FEET, T A POINT ON THE EAST LINE OF SA D'LOT 10 OF ST. MATTHIAS SECOND ADDITION; THENCE S l ° 11'05, ALONG SAID EAST LINE, 203.80 EET,TO ITS INTERSECTION WITH THE NORTH RIGHT-O -WAY LINE OF NORTH DODGE STREET; TH \F3 64° 13'01 "W, ALONG SAID NORTH RIGHT -OF -WA LINE, 592.68 FEET; THENCE S640 13' 18 "W, G SAID NORTH RIGHT -OF -WAY LINE, 27.03 F T; THENCE S64° 13'01 "W, ALONG SAID NORTH -OF -WAY LINE, 180.79 FEET; THENCE S25 °46' "E, ALONG SAID NORTH RIGHT -OF -WAY LINEEET; THENCE S64 °73'01 "W, ALONG SAID NO TH RIGHT-OF-WAY LINE, 39.43 FEET; THENCE 0 "W, ALONG SAID NORTH RIGHT -OF -WAY ME, 40.20 FEET; THENCE S64° 13'01' "W, ALONG TH RIGHT -OF -WAY LINE, 37,48 FEET; NCE "S8$ °4$'3'5 "W, ALONG SAID NORTH RIGHT Y INE, 51.07 FEET; THENCE S01 °56'79 "E, LONG SAID NORTH RIGHT- OF -WAY LINE, 33;08 TH CE S64 °13'01 "W, ALONG SAID NOR RIGHT -OF -WAY LINE, 9.29 FEET, TO ITS INTERSN WI THE EAST RIGHT -OF -WAY LIN OF PRAIRIE DU CHIEN ROAD; THENCE -NO1 °1 1'15 "WNG SA EAST RIGHT -OF -WAY LINE, 3 9.03 FEET, TO SAID POINT OF BEGINNING, CONTAI5.90 AC S, MORE OR LESS, AND SU JECT TO EASEMENTS AND RESTRICTIONS OF R. SECTION II, ZONING MAP. The buil 'ng official is hereby a , orized and directed to change the zoning map of the City of Iowa City, Iowa, to co arm to this amend ent upon the final passage; approval and publication of the ordinance as approved by I w. SECTION III. CONDITIONAL ZONING A REEMENT. T e mayor is hereby authorized and directed to sign, and the City Clerk attest, the Condltiona oning Agr ement between the property owner(s) and the City, following passage and approval of this Ordin ce. SECTION IV. CERTIFICATION AND RECOR 1NG pon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certi copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, I at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provi d law. SECTION V. REPEALER. All ordinances an parts f ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any sec' n, provision part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication hall not affect validity of the Ordinance as a whole or any section, provision or part thereof not adjudg invalid or unconst tional. SECTION VII. EFFECTIVE DATE. is Ordinance shall b in effect after its final passage, approval and publication, as provided bylaw. Passed and approved this d of MAYOR ATTEST: CITY CLERK Approved by Attorney Repr tng the Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ12- 00026) ORDINANCE NO. ORDINANCE REZONING A PROXIMATELY 8.21 ACRES LOCATE AT THE NORTH SIDE OF NORTH DODGE STREET BE EEN PRAIRIE DU CHIEN ROAD AN NORTH DUBUQUE ROAD, FROM MEDIUM - DENSITY SINGL - FAMILY RESIDENTIAL (RS -8), NE HBORHOOD PUBLIC (P -1), AND HIGHWAY COMMERCIAL CH -1) TO PLANNED DEVELOP ENT OVERLAY /COMMUNITY COMMERCIAL (OPD 1CC2). (REZ12 026) WHEREAS, the applicant, Hy -Vee ores, has requested a rezoning of North Dodge Street between Prairie u Chien Road and North DL Single - Family Residential (RS -8), Neighbo ood Public (P -1), and y1an Development Overlay /Community Commerc I (OPD /CC2); and WHEREAS, the North District Plan ture land -use map retail /community commercial use, although t Plan qualifies thredevelop ment of the dairy property should be I a "Main Street" residential neighborhood; and WHEREAS, while the applicant's concept plan described in the Comprehensive Plan, such as placir the proposed rezoning was approved by the Plann Zoning Agreement, which will ensure redevelopment the Comprehensive Plan and compatible with the adjz NOW, THEREFORE, BE IT ORDAINED BY THE CITY SECTION I APPROVAL. Property described be designation of RS -8, CH -1 and P -1 to OPD /CC -2: property located at the north side que Road from Medium - Density f Commercial (CH -1) to Planned ws this area as appropriate for d -use map with text indicating the that is compatible with the adjacent .sesses so a elements of the "Main Street" style, as the prop ed grocery store near North Dodge Street, and Z ning Commission, subject to a Conditional e pr perry with a design that is in compliance with :n a dential neighborhood. IL OF THE CITY OF IOWA CITYVWA: Iereby reclassified from8s cur62t zoning CC -: COMMENCING AT THE NORTHWEST CORNE F LOT 14, ST. MAT HIAS SECOND 1� DITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PL T THEREOF RECORD IN PLAT BOOK 17, AY 'AGE 583, IN THE RECORDS OF THE JOHNSON CO TY RECORDER'S OFFI ;THENCE SO1 °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A ISTANCE OF 85.61 FEET, O THE POINT OF BEGINNING; THENCE N64 012'45 "E, 363.52 FEET, TO APO TON THE EAST LINE OF S ID LOT 14; THENCE SO1 °12'11 "E, ALONG SAID EAST LINE, 22.0 FEET; THENCE S64 °12'45 "W, 1 5.00 FEET; THENCE S01 012'11 "E, 146.79 FEET, TO A POINT ON HE SOUTH LINE OF SAID LOT 1 THENCE S64 013'01 "W, ALONG SAID SOUTH LINE, 94.68 FEET; T ENCE N25 °58'47 "W, 43.37 FEET; T ENCE NOI °11'25 "W, 99.09 FEET; THENCE S64 012'45 "W, 123.87 FEE , TO A POINT ON THE WEST LINE O SAID LOT 14; THENCE N01 ° 11' 15 "W, ALONG SAID WEST LINE 22.00 FEET, TO SAID POINT OF BEG ING, CONTAINING 0.51 ACRE, MORE OR LESS, AND SUB CT TO EASEMENTS AND RESTRICTION OF RECORD. COMMENCING AT THE NORTHWYST CORNER OF LOT 14, ST. MATTHIAS SECOND`ADDITION, IOWA CITY, IOWA, IN ACCORDANCE rTH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE, OHNSON COUNTY RECORDER'S OFFICE; THENCE SOVI1'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING; THENCE N88 048'45 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORIXBEARS N61 °15'18 "E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N49 °00'00 "E; THENCE N64° 18'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; THENCE SO 1 ° 12' 11 "E, ALONG SAID EAST LINE, 27.51 FEET; THENCE N64 °12'45 "E, 44.86 FEET, TO A POINT ON THE WEST Ordinance No. Page 2 LINE OF YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N00 °41'26 "W, ALONG SAID WEST LINE OF YEGGY'S FIRST ADDITION, 76.28 FEET, TO THE NORTHWEST CORNER OF LOT B OF SAID YEGGY'S FIRST ADDITION; THENCE N65 007'33 "E, ALONG THE NORTH LINE OF SAID LOT B, 158.32 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE N00 °36'30 "W, ALONG THE EAST LINE OF LOT C OF ID YEGGY'S FIRST ADDITION, AND ITS NORTHERLY PROJECTION THEREOF, 123.75 FEET; HENCE N88 025'19 "E, 158.03 FEET, TO THE NORTHWEST CORNER OF AUDITOR'S PAR/AH 064, JO SON COUNTY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK , AT PAGE 325, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICENCE 88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDIT : R'S PARCEL 96064, A DISTAOF 12. 9 FEET; THENCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 15 .65 FEET; THENCE S64 °53'2LO THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDI ION, AND ITS EASTERLY CTI N THEREOF, 188.89 FEET, TO THE NORTHWEST CORNER TH REOF; THENCE S65 °38'32 "O G THE NORTH LINE OF LOT Y OF SAID YEGGY'S FIRST ADDITIO AND ITS WESTERLY PRI THEREOF, 201.58 FEET, TO A POINT ON THE SAID EAST LINE F LOT 14 OF ST. MATTH OND ADDITION; THENCE SO 1 ° 12' 11 "E, ALONG SAID EAST L E, 0.44 FEET; THENCE '45 "W, 363.52 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 14; ENCE NO1 °11'15 "WASAID WEST LINE, 32.25 FEET, TO SAID POINT OF BEGINNING, CONTA ING 1.47 ACRE, MO LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF CORD. LEGAL DESCRIPTION TRACT #3 - R ONE FROM CH- CC -2 COMMENCING AT THE NORTHWEST CO ER OF LOT 1 , ST. MATTHIAS SECONI34ibDITTqN, IOWA CITY, IOWA, IN ACCORDANCE WITH THE LAT THERE F RECORDED IN PLAT BN10 7, AT PA( 583, IN THE RECORDS OF THE JOHNSON C UNTY REC RDER'S OFFICE; THENCE SQJ:�j FIVE, 9 ALONG THE WEST LINE OF SAID LOT 14, A ISTANC OF 107.61 FEET, TO THE POm F -� BEGINNING; THENCE N64 °12'45 "E, 123.87 FEE ; THE CE S0101 1'25"E, 99.09 FEET; Tiff" E .68 EET; THENCE NO 1 ° 12' I 1 "W, 140- - S25-58'47"E, 43.37 FEET; THENCE N64 13 O1 E, THENCE N640 12'45 "E, 125.00 FEET, TO A POINT N HE EAST LINE OF LOT 14 OF SAID ST. c.n MATTHIAS SECOND ADDITION; THENCE NO 1'12 "W, ALONG SAID EAST LINE, 22.44 FEET; THENCE N65 °38132 "E, ALONG THE NORTH LINE OF LOT Y F YEGGY'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF C ED IN PLAT BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JOHNSON COUNTY RECO R'S FFICE, AND ITS WESTERLY PROJECTION THEREOF, 201.58 FEET, TO THE NORTHEAST ORNE THEREOF; THENCE N64 °53'24 "E, ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FI ST ADD TION, AND ITS EASTERLY PROJECTION THEREOF, 188.89 FEET, TO A POINT ON TH NORTH L E OF AUDITOR'S PARCEL 96064, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH T E PLAT TH REOF RECORDED IN PLAT BOOK 44, AT PAGE 325, IN SAID RECORDS OF THE JO SON COUNT RECORDER'S OFFICE; THENCE SO 1 ° 11'05 "E, ALONG SAID NORTH LINE, 27.69 FEET; T ENCE N88 °48'5 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 96064, A DISTANCE OF 12.29 FEET; T NCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 185.34 FEET; THENCE N88 °48'55" , ALONG SAID NOR LINE, 12.29 FEET, TO A POINT ON THE WEST LINE OF LOT 10 OF ST. MATTH S SECOND ADDITIO IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORD IN PLAT BOOK 17, AT AGE 583, IN SAID RECORDS OF THE JOHNSON COUNTY RECORDER'S OF ICE; THENCE N88 °53'07" 193.31 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 10 OF ST. ATTHIAS SECOND ADDITI N; THENCE SO1 °11'05, ALONG SAID EAST LINE, 203.80 FEET, TO ITS IN ERSECTION WITH THE NOR H RIGHT -OF -WAY LINE OF NORTH DODGE STREET; THENCE S64 °13' "W, ALONG SAID NORTH RIG T -OF -WAY LINE, 592.68 FEET; THENCE S640 13' 18 "W, ALONG SA NORTH RIGHT -OF -WAY LINE, 7.03 FEET; THENCE S64° 13'01 "W, ALONG SAID NORTH RIGHT -OF AY LINE, 180.79 FEET; THENCE 5 °46'59 "E, ALONG SAID NORTH RIGHT -OF -WAY LINE, 2.00 FEE ; THENCE S64 °13'01 "W, ALONG SAI NORTH RIGHT -OF -WAY LINE, 39.43 FEET; THENCE S69 °55'40' , ALONG SAID NORTH RIGHT -OF -W Y LINE, 40.20 FEET; THENCE S64 °13'01 "W, ALONG SAID N TH RIGHT -OF -WAY LINE, 37.48 FEET; HENCE S88 °48'35 "W, ALONG SAID NORTH RIGHT-OF-_WAft LINE, 51.07 FEET; THENCE SO1 °56'19 "E, r LONG SAID NORTH RIGHT - OF -WAY LINE, 33.08 FEET HENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 9.29 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRAIRIE DU CHIEN ROAD; THENCE NO1 °11'15 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEET, TO SAID POINT OF BEGINNING, CONTAINING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. Ordinance No. Page 3 SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in con fli t with the provisions of this Ordinance are hereby repealed. SECTION V. SEVSRABILITY. If any section, provision or part of the Ordi nce shall be adjudged to be invalid or unconstitutiona such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part t reof not adjudged invalid or unconstitutional. SECTION VI. EFFEC E DATE. This Ordinance shall be in effect aft its final passage, approval and publication, as provided by MAYOR ATTEST: CITY CLERK Approved by a City Attorney's Office _Send to City Attorney's Office fo provalr° _Copy to City Clerkv t Email to Document Services Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ12- 00026) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, I a, a municipal corporation (hereinafter "City "), and Hy -Vee Stores, Inc. (hereinafter "Owner "). 7V WHEREAS, Owner is the legal title holder of approxi ately 8.21 acres of property located on the north side of North Dodge Street between Pra' ie Du Chien Road and North Dubuque Road; and WHEREAS, the Owner has requested the rezonin of said property from Medium - Density Single - Family Re 'dential (RS -8), Neighborhood Pub c (P -1), and Highway Commercial (CH -1) to Planned Develop ent Overlay /Community Comme ial (OPD /CC -2); and WHEREAS, the Plannin and Zoning Commission s determined that, with appropriate conditions regarding redevelop ent of the property wit a design that is compatible with the adjacent residential neighborhoo the requested zoninj is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5\(2011) provi s that the City of Iowa City may impose reasonable conditions on granting an pplicant's zoning request, over and above existing regulations, in order to satisfy public nee caused )by the requested change; and WHEREAS, the Owner acknowle reasonable to ensure the development of Plan and the need for and the need for adjacent residential neighborhood; and WHEREAS, the Owner agrees to devi conditions of a Conditional Zoning Agree NOW, THEREFORE, in consideration agree as follows: at certain conditions and restrictions are Deny is consistent with the Comprehensive ibility with the North District Plan and the 5 this nt. the mutual rty in accordance with the terms and 1. Roberts dairy Company is the,l'egal title holder of the ises contained herein, the parties legally described as: LEGAL DESCRIPTION TRACT #1 - 9EZONE FROM P -1 TO CC -2 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. AT IAS SECOND ADDITIQN, IOWA CITY, IOWA, IN ACCORDANCE WIT THE PLAT THEREOF RECORDE IN PLAT BOA 17, ADAGE 583, IN THE RECORDS OF THE JO SON COUNTY RECORDER'S OFFIC ;THENCE St1°11'15�, ALONG THE WEST LINE OF SAID OT 14, A DISTANCE OF 85.61 FEET, T THE POINF�R Bis�INNIpT, THENCE N64° 12'45 "E, 363.52 FEE]/, TO A POINT ON THE EAST LINE OF SA LOT 14 NCv. SO 1 ° 12' 11 "E, ALONG SAID EAST INE, 22.00 FEET; THENCE S64° 12'45 "W, 12 00 FEET .ENGE z SO 1 ° 12' 11 "E, 146.79 FEET, TO A 'IN ON THE SOUTH LINE OF SAID LOT 14; THENC`S6° 1 xy 1 "W ALONG SAID SOUTH LINE, 94 8 FEET; THENCE N25 °58'47 "W, 43.37 FEET; TH CE I491a11'23f'W, 9 FEET; THENCE S64 °12'45 "W, 23.87 FEET, TO A POINT ON THE WEST LINE OF IDOT'14;IENC NO 1 ° 1VI 5 "W, ALONG SAID EST LINE, 22.00 FEET, TO SAID POINT OF BEGINN G, CONT,�ING 0.51 ACRE, MORE OR LES , AND SUBJECT TO EASEMENTS AND RESTRICTIONS F RECORD. LEGAL DESCRIPTIONXTRACT #2) - 1 COMMENCING AT THE NORTHWEST CORNER OF LOT 14, ST. MATTHIAS SECOND ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 17, AT PAGE 583, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE SO1 °11'15 "E, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 53.36 FEET, TO THE POINT OF BEGINNING; THENCE N88 048'45 "E, 10.00 FEET; THENCE NORTHEASTERLY, 144.29 FEET, ALONG AN ARC OF A 150.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 138.79 FOOT CHORD BEARS N61 °15'18 "E; THENCE NORTHEASTERLY, 80.12 FEET, ALONG AN ARC OF A U 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 79.17 FOOT CHORD BEARS N 9 °00'00 "E; THENCE N64° 18'08 "E, 150.18 FEET, TO A POINT ON THE EAST LINE OF SAID LOT 14; NCE SO 1 ° 12'11 "E, ALONG SAID EAST LINE, 27.51 FEET; THENCE N64 °12'45 "E, 44.86 FEET, TO POINT ON THE WEST LINE OF YEGG 'S FIRST ADDITION, IOWA CITY, IOWA, IN ACCORDANCE ITH THE PLAT THEREOF RECORDED IN P T BOOK 6, AT PAGE 49, IN SAID RECORDS OF THE JO SON COUNTY RECORDER'S OFF E; THENCE N00 041'26 "W, ALONG SAID WEST LIN E YEGGY'S FIRST ADDITION, 76.28 FEET, TO THE RTHWEST CORNER OF LOT B OF SAID YEGGY' FIRST ADDITION; THENCE N65 007'33 "E, ALONG T NORTH LINE OF SAID LOT B, 158.32 FEET, THE NORTHEAST CORNER THEREOF; THENCE N00 '30 "W, ALONG THE EAST LINE OF LOT C F SAID YEGGY'S FIRST ADDITION, AND ITS NOR ERLY PROJECTION THEREOF, 123.75 F ET; THENCE N88 °25'19 "E, 158.03 FEET, TO THE NORTHWEST ORNER OF AUDITOR'S PARCEL 96 4, JOHNSON COUNTY, IOWA, IN ACCORDANCE WITH THE PL A THEREOF RECORDED IN PLAT OOK 44, AT PAGE 325, IN SAID RECORDS OF THE JOHNSON CO TY RECORDER'S OFFICE, T ENCE N88 °48'55 "E, ALONG THE NORTH LINE OF SAID AUDITOR'S ARCEL 96064, A DISTAN OF 12.29 FEET; THENCE SO1 °11'05 "E, ALONG SAID NORTH LINE, 157.65 F T; THENCE S64 053124" , ALONG THE NORTH LINE OF LOT X OF SAID YEGGY'S FIRST ADDITION, D ITS EASTERLY P OJECTION THEREOF, 188.89 FEET, TO THE NORTHWEST CORNER THEREOF; ENCE S65 °38'3 , ALONG THE NORTH LINE OFc` bT Y OF SAID YEGGY'S FIRST ADDITION, AND IT WESTERLY P OJECTION THEREOF, 2015 FEET -TO A POINT ON THE SAID EAST LINE OF LOT 14 F ST. MA HIAS SECOND ADDITION;"SMN S01 012'11 "E, ALONG SAID EAST LINE, 0.44 F T; T CE S64 012'45 "W, 363.52 FEET1`10 A PANT ON— THE WEST LINE OF SAID LOT 14; THENCE NO 11' "W, ALONG SAID WEST LINE, 13.2$ FE�, TO? SAID POINT OF BEGINNING, CONTAINING 1.47 RE, MORE OR LESS, AND SUBA3;�`4O EASEMENTS AND RESTRICTIONS OF RECORD. LEGAL DESCRIPTION (TRACT #3) - REZO FRO CH -1 TO CC -2 COMMENCING AT THE NORTHWEST COR CITY, IOWA, IN ACCORDANCE WITH THE 583, IN THE RECORDS OF THE JOHNSON ALONG THE WEST LINE OF SAID LOT 1 BEGINNING; THENCE N64 °12'45 "E, 123. 71 S25 °58'47 "E, 43.37 FEET; THENCE N64° 3'01 N64 °12'45 "E, 125.00 FEET, TO A POIN ON' ADDITION; THENCE N01'12'1 l "W, A ONG THE NORTH LINE OF LOT Y, OF Y GY'S WITH THE PLAT THEREOF RECO ED IN JOHNSON COUNTY RECORDER' OFFICE, TO THE NORTHEAST CORNER EREOF; ' OF SAID YEGGY'S FIRST ADDI ION, AND POINT ON THE NORTH LINE AUDITOR ACCORDANCE WITH THE P AT THEREOF RECORDS OF THE JOHNSO COUNTY RE( NORTH LINE, 27.69 FEET; ENCE N88 °48' PARCEL 96064, A DISTA E OF 12.29 FEE] FEET; THENCE N88 048'5 "E, ALONG SAID OF LOT 10 OF ST. MAT HIAS SECOND AD: PLAT THEREOF REC RDED IN PLAT BOO COUNTY RECORD IS OFFICE; THENCE Is OF SAID LOT 10 ST. MATTHIAS SECON 203.80 FEET, TO S INTERSECTION WITH R OF LO 4, ST. MATTHIAS SECOND ADDITION, IOWA PLAT THERE RECORDED IN PLAT BOOK 17, AT PAGE AUNTY RECD R'S OFFICE; THENCE SO 1 ° 11115 IT, L DISTANCE OF 1 .61 FEET, TO THE POINT OF EET; THENCE SO 1 ° '25"E, 99.09 FEET; THENCE 'E, 94.68 FEET; THE ENO 1 ° 12' 11 "W, 146.79 FEET; THENCE HE EAST LINE OF LO 14 OF SAID ST. MATTHIAS SECOND 'AID EAST LINE, 22.44 ET; THENCE N65 °38'32 "E, ALONG ,'IRST ADDITION, IOWA C Y, IOWA, IN ACCORDANCE 'LAT BOOK 6, AT PAGE 49, SAID RECORDS OF THE AND ITS WESTERLY PROJE ION THEREOF, 201.58 FEET, 'HENCE N64 053'24 "E, ALONG E NORTH LINE OF LOT X TS EASTERLY PROJECTION TH REOF, 188.89 FEET, TO A 3 PARCEL 96064, JOHNSON CO Y, IOWA, IN RECORDED IN PLAT BOOK 44, AT AGE 325, IN SAID ORDER'S OFFICE; THENCE SO 1 ° 11'0 "E, ALONG SAID 15 "E, ALONG THE NORTH LINE OF SA AUDITOR'S ;THENCE SO1 °11'05 "E, ALONG SAID N TH LINE, 185.34 IORTH LINE, 12.29 FEET, TO A POINT O THE WEST LINE )ITION, IOWA CITY, IOWA, IN ACCORDA CE WITH THE 17, AT PAGE 583, IN SAID RECORDS OF E JOHNSON 68 °53'07 "E, 193.31 FEET, TO A POINT ON TH EAST LINE ) ADDITION; THENCE S01 °11'05, ALONG SAID EAST LINE, [HE NORTH RIGHT -OF -WAY LINE OF NORTH DODGE 2 STREET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 592.68 FEET; THENCE S64 °13'18 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 27.03 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 180.79 FEET; THENCE S25 °46'59 "E, ALONG SAID NORTH RIGHT - OF -WAY LINE, 2.00 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 39.43 FEET; THENCE S69 °55'40 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 40.20 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 37.48 FEET; THENCE S88 °48'35 "W, ALONG SAID NORTH RIGHT -OF -WAY LINE, 51.07 FEET; THENCE SO 1 °56'19 "E, ALONG AID NORTH RIGHT - OF -WAY LINE, 33.08 FEET; THENCE S64 °13'01 "W, ALONG SAID NORTH RIGHT/OF-WAY LINE, 9.29 FEET, TO ITS N SECTION WITH THE EAST RIGHT -OF -WAY LINE OF PRA E DU CHIEN ROAD; THENCE NO1 °11'1 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 319.03 FEE , TO SAID POINT OF BEGINNING, CON INING 5.90 ACRES, MORE OR LESS, AND SUBJECT TO ASEMENTS AND RESTRICTIONS OF CORD. 2. The Owner a nowledges that the City wishes to ensure Informance to the principles of the Compreh nsive Plan and the North District Plan. Fu er, the parties acknowledge that Iowa Code §414.5 (2011) provides that the Cit of Iowa City may impose reasonable conditi son granting an applicant's rezoni g request, over and above the existing regulations\thCity's to satisfy public needs cau ed by the requested change. 3. In consideration o rezoning the subje property, Owner and Applicant agree(s) that develf the subject property II conform to all other requirements of the zoning chaptII as the following con ions: a. A buffer area generally onsistent with th attached plan shall be established along the western property li of the parc t rezoned to CC -2. This buffer must be screened to the S3 stan ard. Wher the buffer area is less than 35 feet a masonry wall shall be provi d consi ent with the attached plan. b. No signs shall be permitted ' hin t 35 foot buffer or on the south and west sides of the convenience store facin t residential development. There will be no more than two (2) free standing signs ermitted along the Dodge Street frontage. Other fascia and monument signs ar p mitted as per the code. c. Any building or structure i cludi canopies should be of a quality design appropriate for property a tting a esidential neighborhood, including features such as stone and maso ry materia , standing seam metal roofs, and muted colors. The Design Rev' w Committee hall approve the design of buildings as well as associated stru res and facilities. d. Preservation of existin evergreen screenin and mature trees along the northwest side of the property ere possible. e. Construction of a b pull -off within the Dodge treet right -of -way. f. Landscaping shall a generally consistent with t e attached plan. Where the code requires greater I dscaping it shall be provided. 4. The Owner and App cant, and City acknowledge that the onditions contained herein are reasonable con itions to impose on the land under Iowa Code §414.5 (2011), and that said conditio satisfy public needs that are caused the requested zoning change. 5. The Owner an Applicant and City acknowledge that in the event ejec�rop s transferred, s d, redeveloped, or subdivided, all redevelopment i[P arifo with ie terms of this onditional Zoning Agreement. _- 3 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement sh I� I be construed to relieve the Owner or Applic t from complying with all other applicable cal, state, and federal regulations. 8. The parties agree Nat this Conditional Zoning Agreeme t shall be incorporated by reference into the ordi nce rezoning the subject property, and that upon adoption and publication of the ordin ce, this agreement shall be re orded in the Johnson County Recorder's Office at the A licant's expense. Dated this day of CITY OF IOWA CITY Name of current, Mayor Attest: Marian K. Karr, City Clerk Approved by: City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) , M This instrument was :rian nowledged before me on , 2011 by [name of current mayor] and K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa 4 c.n This instrument was :rian nowledged before me on , 2011 by [name of current mayor] and K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa 4 (Stamp or Seal) Title (and Rank) CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on as INDIVIDUAL ACKNOWLEDG ENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of \ Notary Public in and for said County, in ss to me known to the within and foregoing instrument, and < (his /her /their) voluntary act and deed. LIMITED LIABILITY COMP STATE OF IOWA ) 2011 by of , Inc. Notary Public in and fqk said County and State (Stamp or Seal) Title (and Rank) L 20 , before me, the undersigned, a personally appeared identical persons named in and who executed edged that (he /she /they) executed the same as Notary Pu lic in and for the State My commissi expires: ACKNOWLEDGEMENT: { ja J JOHNSON COUNTY On this day of , A.D. 20 , before me, he undersigned, a Notary Public in and for the State of Iowa, "ersonally appeared , to me personally known, who being by me duly sworn, did say that the person is (title) of , and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said 5 acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public in and for the State of Iowa My commission expires: PARTNERSHIP ACKNOWL DGEMENT: STATE OF IOWA ) I \ ) ss: JOHNSON COUNTY ) On this day of , 20_, before me, t undersigned, a Notary Public in and for the State of Iowa, personally a eared , to me personally known, who being by me duly sworn, did say that t person is one of the partners of an Iowa General /Limited Partnership, d that the ' strument was signed on behalf of the partnership by authority of the partners; a d the p ner acknowledged the execution of the instrument to be the voluntary act and deed o he rtnership by it, and by the partner voluntarily executed. Notary Pudic in and for the State of Iowa My commissior%expires: _Send to City Attorn y's Office for Approval _Copy to City Clerk/With Conditional Rezoning Email to Docume t Services inancet N -=-w 4f Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. AN ORDINANCE V \waycated G A PORTION OF ST. CLEMENT�STREET. (VAC12 -00005) WHEREAS, the appy -Vee Food Stores, Inc., has requested that th City vacate a portion of St. Clements Street right- of between 1109 and 1123 N. Dodge Str et, the site of Roberts Dairy; and WHEREAS, an alternative a cess will be provided to the nine resi right -of -way requested for vacatio via a newly dedicated St. Clements the north of the dairy; and WHEREAS, the relocated stree will provide a defined and safe a to the north, and provide access to th proposed grocery and conveni being dedicated; and WHEREAS, it is in the City's interes to vacate and dispose of ubli will no longer be necessary for public acc ss; and properties located north of this to be located within property to ;s to residential properties located stores adjacent to the right -of -way right -of -way, or portions thereof, that WHEREAS, easements will be retain d for existing utilitie or utilities will be relocated at the applicants expense; and WHEREAS, the Planning and Zoning r way subject to relocation of utilities or the ret i street right -of -way. WHEREAS, the applicant has submitted an acceptable alternative location for St. Clem NOW, THEREFORE, BE IT ORDAINEC IOWA: SECTION I. VACATION. Subject to relo dedication of an alternative street right -of -way, portion of the St. Clements Street right -of -w mission rec mmended vacation of this portion of this right -of- tion of ne cAssary easements, and dedication of an alternative plat of the Roberts Dairy Addition, which includes E CITY COUNCIL OF THE CITY OF IOWA CITY, ion of utilities or the retention of necessary easements and ccepkable to the City, the City of Iowa City hereby vacates the legally 4escribed as follows: Beginning at the Northwest Corner of of 5 of Bloc 2 in St. Matthias 2nd Addition to Iowa City, Johnson County, Iowa, in accordance with t Plat thereof R orded in Book 16, at Page 406, of the Records of the Johnson County Recorder's O ice; Thence S01 °1 '11 "E, along the East Line of St. Clement's Street, 142.54 feet, to a point on the No Line of the Tract of and conveyed by Quit Claim Deed, as Recorded in Book 3398 at Page 124 f the Records of th Johnson County Recorder's Office; Thence S64 013'18 "W, 27.03 feet, to t e intersection of the Wes Line of St. Clements Street and the Northerly Line of the Tract of Land C ndemned by Proceedings ecorded in Book 3695, at Page 874, of the Records of the Johnson C my Recorder's Office; Thenc N01 °12'11 "W, along said West Line, 363.94 feet; Thence N64 °12'45 "E to a Point on the West Line of L t A of Yeggy's First Addition, in accordance with the Plat thereof R orded in Plat Book 6, at Page 4 , of the Records of the Johnson County Recorder's Office; The a S00 °41'26 "E, along said West Lin of Lot A, a distance of 31.52 feet, to the Southwest Corner the of and a Point on the North Line of Lo Y of said Yeggy's First Addition; Thence S65 °38'32 "W, along aid North Line, 17.33 feet, to the Northwes Corner of said Lot Y, and a point on the East Line of St. Cle ent's Street; Thence S01 012'11 "E, along sa East Line, 190.49 feet, to the Point of Beginning. Said R' ht-of -Way Vacation Parcel contains 9,446 sq are feet (0.22 Acre) and is subject to easements and r strictions of record. ordinances and parts of ordinances in\conflict with the provision of this Ordinance are Vereby repealed . SECTIObylll. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or u onstitutional, such adjudication shall not affect the validity of the ,Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 2 Passed and approved this day of 2012. MAYOR: Matthew Hayek ATTEST: CITY C Ap rove b C Attorney Represent Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF ST. CLEMENT STREET. (VAC12- 00005) WHEREAS, the applicant, Hy -Vee Food Stores, Inc., has requested that the City vacate a portion of St. Clement Street right -of -way located between 1109 and 1123 N. Dodge Street, the site of Roberts Dairy; and WHEREAS, an alternative access will be provided to the nine residential properties located north of this right -of -way requested for vacation via a newly dedicated St. Clement Street to be located within property to the north of the dairy; and WHEREAS, the relocated street will provide a defined and safe access to residential properties located to the north, and provide access to the proposed grocery and convenience stores adjacent to the right -of -way being dedicated; and WHEREAS, it is in the City's interest to vacate and dispose of public right -of -way, or portions thereof, that will no longer be necessary for public access; and WHEREAS, easements will be retained for existing utilities or utilities will be relocated at the applicants expense; and WHEREAS, the Planning and Zoning Commission recommended vacation of this portion of this right -of- way subject to relocation of utilities or the retention of necessary easements, and dedication of an alternative street right -of -way. WHEREAS, the applicant has submitted a preliminary plat of the Roberts Dairy Addition, which includes an acceptable alternative location for St. Clement Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. Subject to relocation of utilities or the retention of necessary easements and dedication of an alternative street right -of -way acceptable to the City, the City of Iowa City hereby vacates the portion of the St. Clement Street right -of -way legally described as follows: Beginning at the Northwest Corner of Lot 5 of Block 2 in St. Matthias 2nd Addition to Iowa City, Johnson County, Iowa, in accordance with the Plat thereof Recorded in Book 16, at Page 406, of the Records of the Johnson County Recorder's Office; Thence S01 012'11 "E, along the East Line of St. Clement Street, 142.54 feet, to a point on the North Line of the Tract of Land conveyed by Quit Claim Deed, as Recorded in Book 3398 at Page 124 of the Records of the Johnson County Recorder's Office; Thence S64 °13'18 "W, 27.03 feet, to the intersection of the West Line of St. Clement Street and the Northerly Line of the Tract of Land Condemned by Proceedings Recorded in Book 3695, at Page 874, of the Records of the Johnson County Recorder's Office; Thence N01 °12'11 "W, along said West Line, 363.94 feet; Thence N64 012'45 "E, to a Point on the West Line of Lot A of Yeggy's First Addition, in accordance with the Plat thereof Recorded in Plat Book 6, at Page 49, of the Records of the Johnson County Recorder's Office; Thence S00 041'26 "E, along said West Line of Lot A, a distance of 31.52 feet, to the Southwest Corner thereof and a Point on the North Line of Lot Y of said Yeggy's First Addition; Thence S65 038'32 "W, along said North Line, 17.33 feet, to the Northwest Corner of said Lot Y, and a point on the East Line of St. Clement Street; Thence S01 012'11 "E, along said East Line, 190.49 feet, to the Point of Beginning. Said Right -of -Way Vacation Parcel contains 9,446 square feet (0.22 Acre) and is subject to easements and restrictions of record. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed . SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2012. Ordinance No. Page 2 MAYOR: Matthew Hayek ATTEST: CITY CLERK Ap rove Attorney Represen the City Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 12/18/2012 Vote for passage: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. AN ORDINAN E VACATING A PORTION OF ST. CLEMENTS STREET RIG -OF -WAY LOCATED BETWEEN 11Ik9 NORTH DODGE STREET AND 1123 NORTH DODGE STREET. (VAC12- 00005) WHEREAS, the ap 'cant, Hy -Vee Food Stores, Inc., has requested that the ity vacate a portion of St. Clements Street right-of -w located between 1109 North Dodge Street and 1123 tce rth Dodge Street; and WHEREAS, this portion right -of -way will be incorporated into a proposed s parking lot; and WHEREAS, an alternative ccess will be provided to the nine residential pr perties located immediately north of this right -of -way being d icated via a newly dedicated two -way St. ements Street to be located within the vacant property to the no of the dairy; and WHEREAS, the relocated street ould provide a defined and safe a cess to residential properties located to the north and west, and provi access to the proposed grocery sore adjacent to the right -of -way being dedicated; and WHEREAS, the dedication of the new ri t -of -way for St. Clements S reet can be considered as partial compensation for the City property; and WHEREAS, it is in the City's interest to vacat nd dispose of public ight -of -way, or portions thereof, that will no longer be necessary for public access, and WHEREAS, the Planning and Zoning Commissio recommende vacation of this portion of this right -of- way. NOW, THEREFORE, BE IT ORDAINED BY THE TY C NCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. Subject to the retention of any n ssary utility easements, the City of Iowa City hereby vacates the portion of the St. Clements Street right -of- legally described as follows: SECTION II. REPEALER. All ordinances and Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, I invalid or unconstitutional, such adjudication shall section, provision or part thereof not adjudged inval SECTION IV. EFFECTIVE DATE. This Ordin publication, as provided by law. Passed and approved this day of MAYOR: Matt Hayek ATTEST: CITY CLERK Approved by City Attorney's Office , arts of ordinances in conflict with the provision of this sion or part of the dinance shall be adjudged to be affect the validity of th Ordinance as a whole or any or unconstitutional. ce shall be in effect after its anal passage, approval and 2012. pF r.11� N 0 c� cn CD p iM VOID Prep red by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ12 -00 �5) ORDINANCE NO. 12 -4507 AN ORDINAN CONDITIONALLY REZONING APPROXIMATELY 1.02 A RES OF LAND LOCATED ON 1ST AV UE NORTH OF ROCHESTER AVENUE FROM LOW DENSI SINGLE FAMILY RESIDENTIAL(RS -5) T OW- DENSITY MULTI - FAMILY RESIDENTIAL (RM -12). ( Z12- 00025) WHEREAS, the applica t, Jeff Miller, Inc., has requested a rezoning of ap oximately 1.02 acres of property located on 1st Avenu orth of Rochester Avenue from Low Density Sin a Family Residential (RS- 5) to Low Density Multi - Family ( -12); and WHEREAS, the applicant inte s to develop this site with a multi - family ilding that is compatible and consistent with the surrounding multi- mily and duplex development; and WHEREAS; the comprehensive pl acknowledges the ownership of t property by Regina Foundation with the potential use for access to Regin School; and WHEREAS, Regina School no longer tends to use the property s part of the school campus and is selling the property for private development; a d WHEREAS, development of the property f multi - family use i consistent with the comprehensive plan designation for similar adjacent properties along Avenue; WHEREAS, members of the public and the lanning an Zoning Commission expressed a concern about the potential impacts of the development on ickory ill Park, specifically the view of parking and drives from public trails within the park, and therefore r co ended as a condition of the rezoning that a 20- foot buffer area be established and landscaped to provid visual screen; and WHEREAS, there is no other feasible means of ve I lar access to this property except for 1" Avenue, an arterial street, and before the City will grant acces to a arterial street, the applicant must demonstrate that public safety will not be compromised; and WHEREAS, City transportation planning sta have Bete fined that the safest location for driveway access to 1st Avenue is on the north end of the roperty, given t t it would be nearer the bottom of the hill and closer to the middle of the vertical curva re of the roadway nd nearer the outside of the horizontal curve, which would increase overall sight ** tance for motorists s as a condition of rezoning staff has recommended, and the Planning and Zoni g Commission has concur d, that development of the property be consistent with the submitted concept al site plan that indicates the g eral layout of building and parking area with the driveway location near th orth end of the property; and WHEREAS, Iowa Code §414.5 (2011) provides that the City of low City may impose reasonable conditions on granting an applic is rezoning request, over and above ex ting regulations, in order to satisfy public needs caused by t e requested change; and WHEREAS, the owner an applicant have agreed that the property shall be eveloped in accordance with the terms and condition of the Conditional Zoning Agreement, attached heret to ensure appropriate development in this area of a city. NOW, THEREFOK, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY)K IOWA CITY, IOWA: Z \ SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto an incorporated herein, property d scribed below is hereby reclassified from its current zoning designation as ow Density Sing/FaR idential (RS -5) to Low Density Multi - Family Residential (RM -12): LEGAL DESCRIPTION Lot 2ochester, Part One, an Addition to the City of Iowa City, Iowa, according to the plat theren Book 23, Page 78, Plat Records of Johnson County, Iowa, subject to easements, cove strictions of record. Ordinance No. 19-450 Page 2 SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby auth ized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the pro erty owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and appr val of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, nd record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expe se, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in c flict with the provisions of this Ordin nce are hereby repealed. S TION VI. SEVERABILITY. If any section, provision or pa/eeffect dinance shall be adjudged to be invalid unconstitutional, such adjudication shall not affect the he Ordinance as a whole or any section, p vision or part thereof not adjudged invalid or unconstit SEC TIO VII. EFFECTIVE DATE. This Ordinance shall bafter its final passage, approval an d publication, s provided by law. Passed and roved this 18th day of a ember MAYOR ATTEST: CLERK Approved by \ ,Zu� City Attorney's Office i 1 2d /�2 Ordinance No. 12 -4507 Page 3 It was mgved by Champion and seconded by Mims _ that the Ordinance read be adopted, and upon roll call there were: AYES: x x x x x X x NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 11/27/2012 Vote for passage: AYES: Dick s, Ha k, Mims, Payne, Throgmorton, Champion. NAYS: Dobvn ABSENT. Nane. Second Consideration 12/Z//2012 Vote for passage: AYES: obyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. IN AYS: None. ABSENT: NbLne. Date published Prepared by: Andrew Bassman, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5240 (REZ12- 00023) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (herein er "City "), the Regina Foundation (hereinafter "Owner "), and Jeff iller Construction, Inc. (hereinaft "Applicant "). WH EAS, Owner is the legal title holder of approximately 1.02 acre of property located on 1st Avenue north o"! ochester Avenue, Iowa City, Iowa; and WHEREA , the Applicant has requested the rezoning of said pro erty from Low Density Single - Family Residential ( -5) to Low Density Multi - Family Residential (RM -12) nd WHEREAS, m bers of the public and the Planning and Zonin Commission expressed a concern about the potential imps of the development on Hickory Hill Park, pecifically the view of parking and drives from public trails with the park, and therefore recommended a a condition of the rezoning that a 20- foot buffer area be establishe nd landscaped to provide a visual s een; and WHEREAS, City transp ation planning staff has determ' ed that the safest location for driveway access to 1 st Avenue is on the no end of the property, so as a ndition of rezoning staff has recommended and the Planning and Zoning Comm sion has concurred that d velopment of the property be consistent with the submitted conceptual site plan that dicates the general la out of building, parking and driveway locations; and WHEREAS, Iowa Code §414.5 (2 1) provides t at the City of Iowa City may impose reasonable conditions on granting an applicant's rezoni reques over and above existing regulations, in order to satisfy public needs caused by the requested ch e; d WHEREAS, the Owner and Applicant a wledge that certain conditions and restrictions are reasonable to ensure the development of the prop is consistent with the Comprehensive Plan and the Central District Plan; and WHEREAS, the Owner and Applicant a ree to velop said property in accordance with the terms and conditions of a Conditional Zoning AgreemOnt. NOW, THEREFORE, in consideration of thg/mutual promises contained herein, the parties agree as follows: 1. The Regina Foundation is the legal title holder of the propdty legally described as: Comenci.hg at the no West at the }:ifth P the west 11ne of i on the west YZ of thence sout:hly a 630.00 foo us bears 5(14°48to Rochester A i.ti.on line of s d Lot 3; thence NO °32136"B, point of besginaiag. Ithwest corner of So-= '.2, Townssl ip 79 North, Range 6 mcipal Meridian, thence S 0', 02126OW, 600.07 feet along i 9ectiou 121 thence 589009 7 "W, 25.38 feet to a point way line of First Avenue the point of beginning; 303.23 feet along said waste ly right of way line, on curve, cone nowtbeastt:erly, ose 340.31 toot chord the northeasterly corner of Lot of First and Part~ Ones thence 589 1123149 "W, 57.18 eat along the north thence N89 036120 "W, 122 -67 feet✓ aloe aaid north line] 296.79 feet; thence N6900.9137118, 157. feet to the 2. The Owne and Applicant acknowledge that the City wishes to ensure conforman to the principles of the C prehensive Plan and the Central District Plan. Further, the parties ackno ledge that Iowa /development 14.5 (2011) provides that the City of Iowa City may impose reasonable conditions on an applicant's rezoning request, over and above the existing regulations, in o der to satisfy eds caused by the requested change. 3eration of the City's rezoning the subject property, Owner and Applicant gree that of the subject property will conform to all other requirements of the zoning c pter, as e following conditions: 1 of 3 a. A 20 -foot buffer area shall be established between the development (including, but not limited to any building, parking area or driveway) and Hickory Hill Park and said buffer area planted with a variety of deciduous and evergreen trees and shrubs to form an effective visual screen between the development and the Park. A landscaping plan shall be submitted for review and approval through the City's administrative Design Review process; and b. Development of the property shall be consistent with the submitted conc ptual site plan that indicates the general layout of the building, parking and driveway, toe sure that location of driveway access to 1st Avenue is near the northern end of the prope where it is safest for vehicles to enter and exit the property. 4. The Owner, Applicant, and City acknowledge that the conditions conta' ed herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2011), an that said conditions satisfy publiN needs that are caused by the requested zoning change. 5. The O r, Applicant, and City acknowledge that in the event t subject property is transferred, sold, redev ped, or subdivided, all redevelopment will confor with the terms of this Conditional Zoning Agree t. 6. The parties acknowl ge that this Conditional Zoning Agreeyhent shall be deemed to be a covenant running with the land aN with title to the land, and shall re ain in full force and effect as a covenant with title to the land, unle or until released of record by tyfe City of Iowa City. The parties further acknowl ge that this agreeme shall inure to the benefit of and bind all successors, representatives, an assigns of the part1 s. 7. The Owner and Applicant acknowle e that not i g in this Conditional Zoning Agreement shall be construed to relieve the Owner or App i ant fro complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zon ordinance rezoning the subject property, nd t this agreement shall be recorded in a Joh expense. reement shall be incorporated by reference into the t upon adoption and publication of the ordinance, s n County Recorder's Office at the Applicant's Dated this 19 day of DEC4tAg 9-- '2012. CITY OF IOWA CITY Jeff Miller Con truction, Inc., APPLICANT By: Matthew J. Hayek, Mayor ( Title) Attest: Marian -K. Karr, Qfy Clerk Approved by: 41 /;? 7 2 of 3 Regina Foundation, OWNER M Gary J. ScP RZiTreasurer City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was ackno ledged before me on DFCEMP_�r -P, ) Hayek and Marian K. Karr as M@yor and City Clerk, respectively, of the City of Iowa C APPLICANT ACKNOWLEDGEMENT: STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on [name] as [title] of 'GARU SCHMIT Commission Numberr1�1492 %W1 My Nowowmber 3; 20i5� OWNER ACKNOWLEDGEMENT: STATE OF IOWA ) ss: COUNTY OF JOHNSON Notary Public in and (Stamp or Seal) Title (and Ran by Matthew J. said County and State sONDRAE FORT ommission Number 159791 My Commis ion Expires 1*110wic 3 ? / do� ab , 2012 by .�o�.� [name of business]. Notary Publi ltd for said County and State (Stamp or Seal) Title (and Rank) This instrument was acknowl dged before me on November 26, 2012 by Gary J. Sch it [name] as Treasurer [title] of Regina Foundatio [name of business]. Wary Public in and for said County d State (Stamp or Seal) Title (and Rank) 3 of 3 6 Prepared by: John Grier, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240 ORDINANCE NO. 12 -4508 AN ORDINANCE AMENDING TITLE 7, CHAPTER 1, FIRE PREVENTION AND PROTECTION, BY ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE TO REGULATE AND GOVERN THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF IOWA CITY AND PROVIDING FOR THE ISSUANCE OF PERMITS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. 1. Section 1, entitled, "Fire Code Adopted," is hereby deleted and the following new Section 1 is inserted in lieu thereof: That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Iowa City, being marked and designated as the International Fire Code, 2012 edition, including errata and Appendix Chapters B, C, D, E, F, G, H, and I as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Iowa City, in the State of Iowa regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided, providing for the issuance of permits and each, and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, prescribed in the following sections of this ordinance. 2. Section 2, entitled "Amendments to Fire Code," is deleted in its entirety and the following new Section 2 is inserted in lieu thereof: That the following sections are hereby revised: Section 101.1 Insert: Iowa City, Iowa Section 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5. A. A. A -2 Occupancies that existed prior to August 1, 2007 with an occupant load of 50 -298 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. B. B Occupancies that existed prior to August 1, 2007 located on a floor other than the level of exit discharge and with an ABDL shall comply with Section 903.2.1.2 by July 1, 2013. C. All A -2 Occupancies that existed prior to August 1, 2007 with an occupant load of 100 -298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 104.1.1 Add a new section to read as follows: The code official and members of the fire prevention bureau shall have the powers of a peace officer in performing their duties under this Code. Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such members of the Fire Department as fire /police investigators upon being certified by the Iowa Law Enforcement Academy. Fire /police investigators shall have the powers of a peace officer in performing their duties under this Code, including full powers of arrest to effectuate their duties of enforcing city ordinances and state statutes. Notwithstanding his /her status as a peace officer, a fire /police investigator shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall perform such functions as the Fire Chief shall assign. Ordinance No. 12 -4508 Page 2 Section 104.12 Add a new section to read as follows: The code official is authorized to order an operation or use stopped or the evacuation of any premises, building, or vehicle or portion thereof which has or is a fire, life safety or health hazard. Section 105.2 Add a sentence to the end of the section to read as follows: Application for an operational permit shall be submitted with all required information not less than 14 days prior to the event requiring a permit. Section 106.2 Add a sentence to the end of the section to read as follows: The fire code official at the official's sole discretion may send plans to a qualified agency for review. The fire code official shall designate the plans review agency. The applicant shall pay all fees associated with the plan review directly to the outside agency. Section 108. Delete in its entirety and insert in lieu thereof: See Title 17 Chapter 12 of this Code. Section 109.4 Delete the section and replace with: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a simple misdemeanor or municipal infraction, as prescribed in 1 -4 -2D. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.4 Delete the section and replace with: No person shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition Section 202 Add a new definition to read as follows: CODE OFFICIAL. The Chief Officer of the Fire Department, the Fire Marshal, or the Chiefs authorized representative. Section 202 Add a new definition to read as follows: EMERGENCY COMMUNICATIONS CENTER. The Johnson County Joint Emergency Communications Center. Section 202 Add a sentence to the end of FIRE LANE definition to read as follows: See City Code 9- 4-13 for additional rules and regulations. Section 202 Delete the existing R-4 definition and substitute the following: R -4 Residential occupancies shall include buildings arranged for occupancy as residential care /assisted living facilities including more than five but not more than 16 occupants, excluding staff. Group R -4 occupancies shall meet the requirements for construction as defined in the International Building Code for Group R -3, except as otherwise provided for in that code. Section 307 See also 6 -6 of this Code. Section 307.1.1 Delete the section and replace with: Prohibited burning. Burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. Section 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code official Section 307.3 Delete the section and replace with: Extinguishment authority. The fire code official is authorized to order the extinguishment by the responsible person or the fire department of any burning that creates or adds to a hazardous or objectionable situation. Ordinance No. 12 -4508 Page 3 Section 315.2 Add a sentence to the end of the section to read as follows: Combustible material storage shall be confined to approved storage areas, such that the presence of incidental storage in any other area of the building does not constitute a hazard. Section 401.9 Add a new section to read as follows: Building evacuation. Upon activation of the building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all building occupants shall promptly evacuate the building. Exception: When the emergency evacuation plan, as approved by the fire code official, does not require the immediate total evacuation of the building. Section 402.1 Add a new definition to read as follows: CROWD MANAGEMENT. Crowd management meshes the design features of a facility, the established operating features of that facility, and an understanding of the occupants' expected natural behavior in that facility for a specific type of event. Section 403.4 Add a new section to read as follows: A -2 Occupancy Crowd Managers. Group A -2 occupancies shall be provided with a minimum of one (1) trained crowd manager anytime occupancy reaches 50 or more. Where the occupant load exceeds 250, additional trained crowd managers shall be provided at a ratio of one (1) crowd manager for every 250 occupants. The crowd manager shall annually receive training approved by the fire code official in crowd management techniques. Section 405.2 Add to the end of the section as follows: Fire and evacuation drills in Group E occupancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Fire drills in Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester. Section 503.2.9 Add a new section to read as follows: Thickness. Fire apparatus access roads shall be constructed of Portland cement concrete conforming to the specifications of the Iowa Department of rensportation C -3 or M -3 mixes. The concrete access road shall be a minimum of 7 inches thick over compacted soil. Section 505.1 Delete the section and replace with: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. From 100 -199 ft from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200 -299 ft from the street the number shall be a minimum of 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 ft from the street, the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which the premises is addressed. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall be installed in an approved location on all new construction. Exceptions: Group R -3 and unsecured R -2 occupancies. Section 507.5.1 Delete exceptions 1 & 2. Section 507.5.1.1 Delete the section and replace with: Hydrant for fire sprinkler and standpipe systems. A fire hydrant shall be located not more than 100 feet from a fire sprinkler or standpipe system connection and on the same side of the fire department access as the connection or as approved by the code official. Section 510.1 Delete exception 1. Ordinance No. Page 4 12 -4508 Section 605.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Section 605.10.5 Add a new section to read as follows: Fully enclosed. Portable, electric space heaters shall be fully enclosed space heaters that by design have no external surfaces that reach temperatures capable of igniting materials placed against the surface. Section 804.5 Add a new section to read as follows: Maintenance. The interior finish of buildings shall be maintained in accordance with the conditions of original approval. Any change to the interior finish that is regulated by the provisions of this code or the building code shall be made in accordance with all applicable requirements. Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin - bearing cut trees and natural decorative vegetation used in buildings open to the general public shall be properly treated with an approved flame retardant. Section 806.1.1 Delete the section and replace with: Restricted occupancies. Natural cut trees shall be prohibited in Group A, B, E, 1 -1, 1 -2, 1 -3, 1 -4, M, R -1, and R -4 occupancies. Exception: Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, B, E, M and R -1. Section 807.4.3.1 Delete exceptions 1 & 2. Section 807.4.4.1 Delete exceptions 1 & 2. Section 901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working plans submitted to the fire department for water based fire protection systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 901.2 (b) Add a new section to read as follows: Fire alarm systems. Working plans submitted to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICETj Level III certification for Fire Alarm Systems OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 903.1.2 Add a new section to read as follows: Water supply safety margin. Automatic sprinkler systems shall be designed with a minimum of 10% or 5 psi safety margin (whichever is greater) above static pressure in the fire protection system hydraulic calculations. Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2 A. New Group A -2 Occupancies. An automatic sprinkler system shall be provided if one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. Ordinance No. 12 -4508 Page 5 B. Existinq Group A -2 Occupancies and Group B Occupancies that existed prior to August 1, 2007. An automatic sprinkler system shall be provided throughout the A -2 occupancy if one of the following conditions exists: 1) The A -2 occupancy has an occupant load of 299 or more and has an ABDL. Exemption: Single business occupancies in single story nonabutting buildings; or 2) The A -2 occupancy has an occupant load of 50 -298 and is located on a floor other than the level of exit discharge and has an ABDL; or 3) Group B Occupancies located on a floor other than the level of exit discharge and which have an ABDL; or 4) Group A -2 Occupancies with occupant load of 100 or more that have an ABDL and are not regulated in 61 or B2 above, provided: There is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 903.2.1.6 Add a new Section to read as follows: An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located and in all floors between the Group B occupancy and the level of exit discharge. Section 903.2.2 Delete the section and replace with: Ambulatory care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing an ambulatory care facility and all floors between the ambulatory care facility and the level of exit discharge serving such a facility. Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn /strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in, height above grade. The water -flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. The location of sprinkler control valves must be approved by the fire code official. Section 906.1 Delete the exception without substitution. Section 906.3 Add a sentence to the end of the section to read as follows: The minimum rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2 -A, 10 -B C. Section 907.1.4 Add a new section to read as follows: Fire alarm control panels and Fire alarm annunciator panels. Installation of fire alarm control panels and fire alarm annunciator panels shall be installed in accordance with section 907.1.4.1 through 907.1.4.5. Section 907.1.4.1 Add a new section to read as follows: Fire Alarm Panel Height: Installation of fire alarm panels shall not exceed 6 feet in height measured from the floor to the top of the panel. Exception: Panel height may be altered by the code official. Section 907.1.4.2 Add a new section to read as follows: Number of Fire Alarm Control Panels in Buildings: Only one listed fire alarm control panel shall be allowed per building and shall lock in the alarm until the system is reset and shall not be canceled by the operation of an audible — alarm silencing switch. This control panel shall only receive alarm signals from fire protection equipment. Ordinance No. 12 -4508 Page 6 Section 907.1.4.3 Add a new section to read as follows: Combination Fire /Security Alarm System Panels. A listed combination fire /security alarm system panel that meets all the requirements of this code and amendments may be permitted by approval of the fire code official. The fire /security panel shall be capable of providing a signal that can differentiate between the fire and security alarm. Section 907.1.4.4 Add a new section to read as follows: Password /PIN Protection Prohibited: Fire alarm control panels and /or fire alarm annunciator panels that require a password /PIN to silence an alarm /supervisory /trouble signal and /or to reset an alarm /supervisory /trouble signal shall be prohibited. Section 907.1.4.5 Add a new section to read as follows: Fire Alarm Annunciator Panels: The fire code official can require the addition of fire alarm annunciator panels based on the size of building and access to the building. These panels shall meet the requirements of Sections 907.1.4 and 907.2. Section 907.2 Delete the section and replace with: Where required —new buildings and structures. An approved and addressable fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.5, unless other requirements are provided by another section of this code. A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water -flow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. EXCEPTION: 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. Section 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A -2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A -2. An automatic /manual fire alarm system shall be installed in Group A -2 occupancies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot - candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. Section 907.2.3 Modify by adding a 4,h exception as follows: 4. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. Section 907.2.9.1 Delete exception 2 without substitution. Section 907.2.11.2 Modify by adding a fourth location requirement as follows: 4) Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R -2, R -4 and 1 -1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. Section 907.2.13.2 Delete the section without substitution. Ordinance No. 12 -4508 Page 7 Section 907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. Section 907.6.3 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. Section 907.6.3.3 Add a section to read as follows: Zone and address location labeling. Fire alarm and /or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building. Section 907.6.5 Add to the end of the section as follows: Each address point identification shall have an alpha /numeric descriptor location. Alpha /numeric descriptor locations are required to be reported to the Emergency Communications Center upon activation of alarm conditions as specified by the fire code official. Supervisory alarm conditions are required to be reported to the fire code official by an approved manner. Section 910.1 Delete exception 2 without substitution. Section 910.3.2.2 Delete section and replace with: Sprinklered buildings. Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat - responsive device rated at least 100 degrees F (38 degrees C) above the operating temperature of the sprinkler. Exception: Gravity- operated drop -out vents complying with Section 910.3.2.1. Section 910.4.3 Delete section and replace with: Operation. Mechanical smoke exhaust fans shall be automatically activated by heat detectors having operating characteristics equivalent to those described in Section 910.3.2. Individual manual controls for each fan unit shall also be provided. Section 912.7 Add a section to read as follows: Size. Minimum fire department connection size shall be 2'/2" National Standard Thread. Section 1028.2 Add the following exception: EXCEPTION: The main entrance /exit of A -2 occupancies shall be of a width that accommodates not less than two- thirds of the total occupant load. Section 1029.1 Modify by deleting exceptions 1 and 3. Section 3206.7 Modify by deleting footnote "J" from TABLE 3206.2. Section 5003.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with the requirements of the Iowa.Right to Know law. Section 5601.1.3 Delete exception 4 and insert in lieu thereof: The possession, storage, sale, handling and use of gold star producing sparklers on wires which contain no magnesium or chlorate or perchlorate, flitter sparklers in paper tubes that do not exceed one - eighth of an inch in diameter, toy snakes which contain no mercury or caps used in cap pistols. Section 5704.2.9 Add a sentence to the end of the section to read as follows: For aboveground storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to no less than 50 feet. Section 5704.2.11.2 Add a #4 to the end of the section to read as follows: Ordinance No. Page 8 12 -4508 4) A minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary. Section 5704.2.13.2.4 Add a section to read as follows: Existing above - ground tank hazards. Existing above - ground tank installations, even if previously approved, that are determined to constitute a hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as required by the fire code official and in accordance with this code. Section 5705.5.1 Add an exception to read as follows: 6) Corridor installations are prohibited in Group -E occupancies. 3. Section 3. That the geographic limits referred to in certain sections of the 2012 International Fire Code are hereby established as follows: Section 5704.2.9.6.1. The storage of Class I and Class 11 liquids in above - ground tanks outside of buildings is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 1 1 &2, CI 1 and /or as approved by the Fire Chief. Section 5706.2.4.4. The storage of Class I and Class II liquids in above - ground tanks is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 1 1 &2, CI 1 and /or as approved by the Fire Chief. Section 6104.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 1 1 &2, CI 1 and /or as approved by the Fire Chief. SECTION 11. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect January 1, 2013, after final passage, approval and publication, as provided by law. Passed and approved this 1 sth day of necemher , 2012. ATTEST:- s� CITY CLER Approved by: (6- 3 1 --tjk' City Attorney's Office Ordinance No. 12 -4508 Page 9 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Champion x Dickens x Dobyns x— Hayek x Mims x Payne x Throgmorton First Consideration 11/27/2012 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 12/4/2012 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Date published 12127/2012 N� CITY OF IOWA CITY s rt' MEMORANDUM Date: December 7, 2012 To: Tom Markus, City Manager From: Adam Bentley, Administrative Assistant to the City Manager Re: Information Tables Introduction: The City of Iowa City provides permitted locations for information tables on the Pedestrian Mall. The permit allows for individuals or organizations to address the public and provide non - commercial based information to the public. Information table permits are issued frequently throughout the spring and summer months. Back rg ound: City ordinance allows for the distribution of non - commercial based information on the Pedestrian Mall. The locations are stipulated in the code and are specifically located on the East side of the Blackhawk Mini Park and the North side of Share, just outside of the outdoor cafe. With construction currently occurring, and in anticipation for future construction, information table locations are becoming increasingly prohibited. Further, changes to the downtown (ex. Sidewalk cafes) may impact the placement of information tables. Currently, one area where information tables are permitted, the Black Hawk Mini Park, is unavailable due to construction. Discussion. of Solutions: In order to maintain the opportunity for information table locations, City staff would like to have discretion on where to place information tables on the Pedestrian Mall. As the Pedestrian Mall changes, City staff can permit information tables in locations that are safe, convenient for the public, and in high visibility locations. Recommendation: It is recommended that the ordinance changes are approved to allow for staff discretion in the placement of information tables on the Pedestrian Mall. Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 5, ENTITLED "CITY PLAZA," TO CHANGE THE LOCATION FOR INFORMATION TABLES ON CITY PLAZA. WHEREAS, Section 10 -5 -8D allows the City Manager to grant permits for information tables to be placed in City Plaza in two locations; and WHEREAS, due to a construction project, one location is not currently available; and WHEREAS, it is in the City's interest to allow the City Manager the flexibility to place the tables at suitable locations throughout City Plaza and not to limit them to two locations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section 8, entitled "City Plaza Use Permits," is hereby amended by deleting Subsection D1 and substituting in lieu thereof the following new Subsection D1: The location shall be determined by the City Manager or designee. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2012. MAYOR ATTEST: CITY CLERK A�� City Attorney Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 12/18/2012 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: Nbne. Second Consideration _ Vote for passage: Date published 8 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 ORDINANCE NO. 12 -4509 AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THAT AREA ADDED TO THE CITY - UNIVERSITY PROJECT 1 URBAN RENEWAL AREA PURSUANT TO THE TENTH AMENDMENT THERETO IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, REBATES, GRANTS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE CITY - UNIVERSITY PROJECT 1 URBAN RENEWAL PLAN. WHEREAS, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 12 -459 passed and approved on the 23rd day of October, 2012, adopted Amendment #10 to the City - University Project 1 Urban Renewal Plan (the "Urban Renewal Plan ") for an urban renewal area known as the City- University Project 1 Urban Renewal Area, (the "Urban Renewal Area "), which added the area legally described as follows: Beginning at the NW corner of Outlot 26, Original Town Subdivision; Thence south along the eastern R.O.W. line of Van Buren Street to where said R.O.W. ends at a point along the western boundary of Block 8, Lyon's 2nd Addition; Thence northwesterly along R.O.W. line to a point on the north R.O.W. line of the Iowa Interstate Railroad south of block 1, Lyon's 1St Addition; Thence southwesterly to the south R.O.W. line of the Iowa Interstate Railroad north of block 3, Lyon's 1St Addition; Thence southeasterly along the south Railroad R.O.W. to the eastern boundary of Van Buren Street south of the Railroad; Thence along said eastern boundary of Van Buren. Street to the north right -of- way line of Kirkwood Avenue; Thence east to a point 11' west of the extended NE corner of lot 3, block 6, F.S. & E.W. Lucas Addition; Continuing south to a point 126', more or less, south of the R.O.W. line of the E -W alley west of Diana Street and south of lots 1, 2, and 3, block 6, R.S. Lucas Addition; Thence westerly to a point on the east R.O.W. line of the N -S alley west of lots 4 & 5, block 6, R.S. Lucas Addition; Crossing the alley to the west R.O.W. line of said alley, continue south 7.5', more or less, to the NE corner of lot 30, Highland Park Addition; Thence westerly to the NW corner of lot 31, Highland Park Addition; Thence southerly to the SW corner of said Lot 31; Crossing Highland Ct. to the NE corner of Lot 15 Highland Park Addition; Thence southerly to the SE corner of Lot 9 Highland Park Addition; Crossing Highland Ave. to the south R.O.W. line; Thence westerly along said south R.O.W. line to where it meets the Crandic Railroad; Thence south along the Crandic Railroad to the south R.O.W. line of Highway 6; Thence west along the south R.O.W. line of Highway 6 to the eastern bank of the Iowa River; Thence southerly following said eastern bank of the river to a point where the river bank meets the extended southern line of Sturgis Ferry Park; Thence westerly to the SW corner of Sturgis Ferry Park; Thence continuing westerly to the west R.O.W. line of Riverside Drive; Thence northerly along said Ordinance No. 12 -4509 Page 2 west R.O.W. line to the centerline of Highway 6; Thence easterly along said centerline to the western bank of the Iowa River; Thence following the western bank of the Iowa River to the centerline of Myrtle Street extended to the Iowa River; Thence west to the west R.O.W. line of Riverside Drive /State Highway 1; Thence northerly along said highway R.O.W. to the north R.O.W. line of Burlington Street; Thence east to the east bank of the Iowa River; Thence south to the south R.O.W. line of Court Street; Thence easterly along the south R.O.W. line of Court Street to the west R.O.W. line of Maiden Lane; Thence south along said west R.O.W. line to Ralston Creek; Thence southwesterly along the creek to the south R.O.W. line of Prentiss Street; Thence east along said south R.O.W. line to the west R.O.W. line of Gilbert Street; Thence south along said west R.O.W. line to a point where it meets the extended centerline of Bowery Street; Thence easterly to a point where the centerline of Bowery Street meets the extended east R.O.W. line of Gilbert Street; Thence north along said east R.O.W. line to the northwest corner of Lot 1 Lyman Cooks Subdivision of Outlot 25; Thence east along the south R.O.W. line of Burlington Street to the point of beginning. Also including Lots 5 and 6 in Block 43, Original Town, and the alley and full width of the College Street right -of -way adjacent thereto. WHEREAS, expenditures and indebtedness are anticipated to be incurred by the City of Iowa City, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and WHEREAS, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in that portion of the Urban Renewal Area added pursuant to the Tenth Amendment, as above described and hereafter referred to as "2012 Amended Area ", in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That the taxes levied on the taxable property in the 2012 Amended Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the 2012 Amended Area, as shown on the assessment roll as of January 1, 2011, pursuant to Iowa Code Section 403.19(1)(b), shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in Ordinance No. Page 3 12 -4509 whole or in part, urban renewal projects undertaken within the Urban Renewal Area, as amended, pursuant to the Urban Renewal Plan, as amended, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Area, as amended, without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the 2012 Amended Area exceeds the total assessed value of the taxable property in the 2012 Amended Area as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable property in the 2012 Amended Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the 2012 Amended Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the 2012 Amended Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the 2012 Amended Area and the territory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 18th day of December 20 12 . ATTEST: e. -20� TY CLERK 7 App oved by / City Attorney's Office Ordinance No. 12 -4509 Page 4 It was moved by Champion and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: X x x X x —x x NAYS: ABSENT: First Consideration 11/27/2012 Vote for passage: AYES: Champion, Dickens, Throgmorton. NAYS: None. Champion Dickens Dobyns Hayek Mims Payne Throgmorton Dobyns, Hayek, Mims, Payne, ABSENT: None. Second Consideration 12/4/2012 Voteforpassage: AYES: Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims. NAYS: None. ABSENT: None. Date published 12/27/2012 A4-�q I Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5041 ORDINANCE NO. 12 -451 n ORDINANCE AMENDING TITLE 5, ENTITLED 'BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED "TAXICABS" TO REQUIRE LOCATION OF A DISPATCH OFFICE TO BE IN IOWA CITY OR CORALVILLE AND ALLOW FLEXIBILITY FOR DISPATCHING FROM THE OFFICE; RESTRICT NEW COMPANIES TO STARTING JUNE 1 OF EACH YEAR; CLARIFY LANGUAGE REGARDING VEHICLE LETTERING, AND REQUIRE DRIVER IDENTIFICATION TO BE POSTED IN THE VEHICLE FACING THE PASSENGERS. WHEREAS, City Code section 5 -1 establishes application, issuance and revocation provisions, and 5 -2 establishes regulations for taxicabs and drivers; and WHEREAS, taxi companies have approached the City for changes to improve the appearance and safety of the taxicabs and to provide licenses be issued only once per year; WHEREAS, the City Council wishes to improve and clarify procedures for operating a taxicab business within the City of Iowa City; WHEREAS, it is in the best interest of the City to adopt new regulations for "taxicabs ". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs" is hereby amended by deleting the following subsections in their entirety and adding new subsections as follows: 5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE DECALS A. APPLICATION: Each applicant for a taxicab business license shall file an application with the City Clerk by May 1 on forms provided by the City, which shall be verified and shall furnish the following information: 1. The name and address of each person with an ownership interest in the company wishing to operate a taxicab business. 2. The experience of the applicant in the transportation of passengers. 3. The record of convictions of misdemeanors and /or felonies, including moving and nonmoving traffic violations, and certified state of Iowa criminal history and certified state of Iowa driver's record for each person identified in subsection Al of this section. 4. The signature of all persons with an ownership interest in the business. 5. Such pertinent information as the City may require. B. Minimum Qualifications: Each taxicab business shall meet the following minimum requirements: 1. Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide a taxicab service to the public twenty -four (24) hours a day, seven (7) days a week, and have a business office located in Iowa City or Coralville city limits. No dispatching shall be done from a vehicle. All dispatching shall be done from the office except between the hours of midnight and 6:00 a.m. The telephone number listed on the application must be answered twenty -four (24) hours a day, seven (7) days a week. 2. Except for pedicabs, horsedrawn vehicles, and airport shuttles, provide a minimum of four (4) qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at all times. All taxicabs must comply with the vehicle requirements of this chapter. 3. Provide a certificate of liability insurance in accordance with this chapter. Ordinance No. 12 -4510 Page 2 4. Meet all applicable zoning ordinance regulations and all other city regulations. 5. Except for pedicabs and horsedrawn vehicles, maintain manifest logs and provide manifest logs to the city upon request. 6. Each taxicab must prominently display the passenger feedback form provided by the City, and return any completed cards to the city clerk. 5 -2 -3: LIABILITY INSURANCE REQUIREMENTS. A. Requirements: 1. As a condition to receiving a taxicab business license or a vehicle decal, the applicant shall file with the city clerk evidence of liability insurance coverage via a certificate of insurance which shall be executed by a company authorized to do insurance business in this state and be acceptable to the city. The taxicab business must file with the city clerk one certificate of insurance listing all vehicles. 2. The taxicab business shall insure each driver. 3. The minimum limits of the taxicab business policy and the individual driver's policy shall be determined by city council resolution. 4. The cancellation or other termination of any insurance policy or certificate shall automatically revoke and terminate the licenses issued for the taxicab business and the vehicles covered by such insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at the time of such cancellation or termination. The city clerk shall immediately issue written notification of the revocation of all licenses for the taxicab business and the vehicles covered by such insurance which is canceled or terminated. All decals must be returned to the city clerk. Subsequent issuance of business licenses and decals will be in accordance with the terms of this Chapter and at the applicant's expense. 5. The cancellation or other termination of any insurance coverage for any single vehicle shall require the decal to be returned to the city clerk and a re- inspection of that vehicle will be required prior to the issuance of another decal and use of the vehicle as a taxicab. The city clerk shall immediately issue written notification of the vehicle cancellation to the taxicab business. 5 -2 -6: DRIVER REQUIREMENTS: D. Each driver, while operating a taxicab in the city, shall prominently display an identification card provided by the taxicab business showing the full name of the driver and the taxicab business. The card must be prominently displayed and visible to all passenger seats, and be at least eight and one -half inches (8'/2) in width and five and one -half inches (5 %2 ) in height. 5 -2 -8: VEHICLE REQUIREMENTS: A. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least two inches (2 ") in height. Pedicabs and horse drawn vehicles may use lettering smaller than two inches (2 "). Removable signs shall not be allowed. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. B. Lighted Dome: Every motorized taxicab shall have a lighted dome attached permanently to the exterior roof of the vehicle with lettering that identifies the vehicle as a taxicab visible from the front and back of the vehicle. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3 "). In the event the city equipment superintendent or designee determines that the permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or designee may approve an alternative placement. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. Airport shuttles are exempt from the lighted dome requirements. Ordinance No. 12 -4510 Page 3 5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on June 1 of each year, and shall expire on May 31. No business licenses will be issued unless an application is filed by May 1, except for pedicabs and horsedrawn vehicles. A license that will expire on February 28, 2013 shall be extended to May 31, 2013. B. Driver authorization shall be valid for a period of one year from date of issuance or the remaining period of chauffeur's license if under one year. C. Decals shall be valid for one year. They shall commence on June 1 or the date of issuance and shall expire on May 31. A decal that will expire on February 28, 2013 shall be extended to May 31, 2013. D. Renewals shall follow the same procedure as set for initial issuance. E. Fees for licenses and decals shall be set by resolution of the City Council. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. With the exception of 5 -2 -10 which is effective upon publication, this Ordinance shall be in effect May 1, 2013. Passed and approved this 18th day of December , 2012. MAYOR ATTEST: C'I Y'C+ERK 1 s /taxi /ord 2012.doc I r_A CITY OF IOWA CITY lit �! At N. -711 MEMORANDUM Date: February 4, 2013 To: File From: Marian K. Karr, City Clerk Re: Scrivener error The underlined portion of 5 -2 -10B was deleted from a previous ordinance and appeared mistakenly in ordinance 12 -4510 again. Per Asst. City Atty. Dulek it was viewed as a scrivener error and codified correctly. 5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: B. Driver authorization shall be valid for a period of one year from date of issuance or the remaining period of chauffeur's license if under one year. Ordinance No. 12-4510 Page 4 It was moved by Payne and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X x x X x x Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 11/27/2012 Vote forpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: N6ne. Second Consideration 12/4/2012 Vote forpassage: AYES: Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: Throgmorton. ABSENT: None. Date published 12/27/2012 Prepared by: Marian Karr, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5041 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED 'BUSINESS AND LICENSE REGULATIONS," CHAPTER 1, ENTITLED "GENERAL LICENSING PROVISIONS" AND CHAPTER 2, ENTITLED "TAXICABS" TO REQUIRE A DISTINCTIVE COLOR SCHEME FOR ALL VEHICLES DRIVEN BY A COMPANY; REQUIRE LOCATION OF A DISPATCH OFFICE TO BE IN IOWA CITY OR CORALVILLE AND ALLOW FLE ILITY FOR DISPATCHING FROM THE OFFICE; RESTRICT NEW COMPANIES TO STAR NG JUNE 1 OF EACH YEAR; CLARIF LANGUAGE REGARDING VEHICLE LETTERIN , AND REQUIRE DRIVER IDENTIFICATION O BE POSTED IN THE VEHICLE FACING THE PAS NGERS. WHEREAS, City Code section 5 -1 est \blishes applica/tions ance and re ocation provisions, and 5 -2 establishes regulations for taxicabs and s; and WHEREAS, taxi companies have appd the City ges to i prove the appearance and safety of the taxicabs and to provide licensssued only r year• WHEREAS, the City Council wishes prove and pro dures for operating a taxicab business within the City of Iowa City; WHEREAS, it is in the best interest of the City o adopt tions for "taxicabs ". NOW, THEREFORE, BE IT ORDAINED BY T CITY IL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 5, entitled "Business and License Regulations," haptetled "Taxicabs" is hereby amended by deleting the following subsections in their entirety an ddin bsections as follows: 5 -2 -2: TAXICAB BUSINESS LICENSE; VEHICLE D A. APPLICATION: Each applicant for a taxicab bu n ss license shall file an application with the City Clerk by May 1 on forms provided by the City, w ch hall be verified and shall furnish the following information: 1. The name and address of each /transportation ith an o nership interest in the company wishing to operate a taxicab business. 2. The experience of the applicant in t of assengers. 3. The record of convictions of miso6meanors and /or felonie , including moving and nonmoving traffic violations, and certified state of wa criminal history and c rtified state of Iowa driver's record for each person identified in subse on Al of this section. 4. The signature of all persons with an ownership interest in the business. 5. Such pertinent information as the City may require. B. Minimum Qualifications: Each taxicab business shall meet the followiNg minimum requirements: 1. Except for pedicabs, horsedrawn vehicles, and airport shuttles, p vide a taxicab service to the public twenty -four (24) hours a day, seven (7) days a week, and have a b iness office located in Iowa City or Coralville city limits. No dispatching shall be done from a vehicle. I dispatching shall be done from the office except between the hours of midnight and 6:00 a.m. The tele one number listed on the application must be answered twenty -four (24) hours a day, seven (7) days a w k. 2. Except for pe�dicabs, horsedrawn vehicles, and airport shuttles, provide minimum of four (4) qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in eration at all times. All taxicabs must comply with the vehicle requirements of this chapter. 3. Provide a certificate of liability insurance in accordance with this chapter. Ordinance No. Page 2 4. Meet all applicable zoning ordinance regulations and all other city regulations. 5. Except for pedicabs and horsedrawn vehicles, maintain manifest logs and provide manifest logs to the city upon request. 6. Except for pedicabs, horsedrawn vehicles, and airport shuttles, each taxicab shall be finished in a distinctive color scheme and pattern so that it is readily and easily distinguished from other vehicl' s as a taxicab, as determined by the city clerk. All vehicle a business must be painted in the sa a color scheme and pattern. 7. Each taxicab must prominently display t e passenger feedbac/kded ed by a City, and return any completed cards to the city clerk. 5 -2 -3: LIABILITY INSURANCE REQUIREMENT . A. Requirements: 1. As a condition to receiving a taxicab business license or a vehiclplicant shall file with the city clerk evidence of li ability insurance co erage via a certifance which shall be executed by a company authorized to do insura ce business in thbe acceptable to the city. The taxicab business must file with the city erk one certificat listing all vehicles. 2. The taxicab business shall insure each driver. 3. The minimum limits of the taxicab business p>plicy determined by city council resolution. 4. The cancellation or other termination /ccordance revoke and terminate the licenses issued f b insurance policy, unless another policy, coth I the time of such cancellation or terminatio cl of the revocation of all licenses for the taxiss which is canceled or terminated. All decals retu of business licenses and decals will be ince applicant's expense. the individual driver's policy shall be ice policy or certificate shall automatically business and the vehicles covered by such is chapter, shall be provided and in effect at k shall immediately issue written notification ind the vehicles covered by such insurance wd to the city clerk. Subsequent issuance ith the terms of this Chapter and at the 5. The cancellation or other termination )6f any insurance coverage for any single vehicle shall require the decal to be returned to the city cler and a re- inspection f that vehicle will be required prior to the issuance of another decal and use of he vehicle as a taxica The city clerk shall immediately issue written notification of the vehicle can ellation to the taxicab bu iness. 5 -2 -6: DRIVER REQUIREMENTS: D. Each driver, while operating taxicab in the city, shall prom en display an identification card provided by the taxicab business howing the full name of the driver nd the taxicab business. The card must be prominently displayed nd visible to all passenger seats, nd be at least eight and one -half inches (8 %) in width and five a d one -half inches (5'/ ) in height. 5 -2 -8: VEHICLE REQUIREMENTS: A. Lettering Required: EAch taxicab shall have the name of the taxicaV business on each side of the vehicle in letters at least *o inches (2 ") in height. Pedicabs and horsed wn vehicles may use lettering smaller than two inches,(2 "). Removable signs shall not be allowed. If a Vhone number is provided the number shall be the sae number that appears on the taxicab business app 'cation and rate card. B. Lighted Dome: ery motorized taxicab shall have a lighted dome a ached permanently to the exterior roof of the v hicle with lettering that identifies the vehicle as a taxica visible from the front and back of the vehicle. The lighted dome shall be a minimum size of twelve inc es by one inch by three inches (12" x 1" x 3 "). n the event the city equipment superintendent or designee determines that the Ordinance No. Page 3 permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or designee may approve an alternative placement. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. Airport shuttles are exempt from the lighted dome requirements. '\ 5 -2 -10: TERMS OF DECALS AND AUTHORIZATION; RENEWALS: A. Taxicab business licenses shall be v id for one year. All business license shall commence on June 1 of each year, and shall expire on May 31. No business licenses will be iss unless an application is filed by May 1, except for pedicabs and horsedrawn vehicles. A license th will expire on February 28, 2013 shall be extended to May 31, 2013 B. Driver authorization shall be valid fdr a period of one year from to of issuance or the remaining period of chauffeur's license if under one ear. C. Decals shall be valid for one year. T y shall commence on J ne 1 or the date of issuance and shall expire on May 31. A decal that will expire 4n February 28, 2013 Oall be extended to May 31, 2013. D. Renewals shall follow the same procedure as set for E. Fees for licenses and decals shall be set y resolution f the City Council. SECTION II. REPEALER. All ordinance and part of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any secti pro sion or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication sh 11 n affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged in d or unconstitutional. SECTION IV. EFFECTIVE DATE. With the Ordinance shall be in effect May 1, 2013. Passed and approved this day MAYOR Approv �t of 5 -2 -10 which is effective upon publication, this 2012. ATTEST: CITY CLERK Marian Karr From: Dennis Doderer <hawkemedia@g mail. com> Sent: Thursday, December 06, 2012 12:22 AM To: Council Subject: The impending December 14 "Cab Cliff' To the Iowa City Council and it's Citizens: I Dennis Woods - Doderer AKA cab Dennis propose the following- 1.) That the city council and Marian Karr defer consideration of the proposed amendments until thoroughly studied. 2.) Repeal the requirement for 24 -7 dispatchers. (8 -10 thousand $ a month at minimum wage) No study has been cited that the use of dispatchers from a cab has led to increased accidents or death. In fact no study has been sighted, period. Common sense would indicate that the use of non hand held blue tooth technology is safer, and should be preferred to the forties technology suggested by Yellow Cab, a technology that entails grabbing a device, then clicking it, and then speaking into the device all while driving with one hand. With hands free blue tooth devices and cell phones both hands are free to operate the vehicle. California, a state with greater traffic and one that frequently is ahead of the trend, has already recognized this and is phasing out the old fashioned dispatch methods. believe the ordinance is an unwarranted, anti competitive, power grab by Yellow cab and Marcos Taxis to run other smaller operations out of business? There is a place in Iowa City for the larger cab company, with their dispatchers using whatever technology ( although the hands free seems safer), but there is also a place for the smaller operator who provides a more personable service to repeat customers. (In my case I almost never have time for any calls from a dispatcher as I am nightly occupied with the clients who contact me directly. Clients who appreciate the special client centric service provide with a cell phone and hand held blue tooth device. 3.) 1 feel we should reconsider the ordinance that requires cabs on the street 24 -7 with out regard to time of day and demand. We should reopen the study to transportation, economic, public health, and legal experts and to the independent or "co- dependent" cab owner - operators. It might also be wise to speak with consumers of all ages including students. It needs to be recognized that cab drivers, especially those as myself, who serve customers they know and care about, are front- line allies with the police in managing the Iowa City alcohol problem. There are many issues here, others might include, price gauging, cab fraud, how many hours is it safe for a driver to drive a cab. How are the larger cab company employees compensated, do they receive more than minimum wage, health care, benefits etc, or are they simply low paid wage slaves who do not even benefit from contributions to social security etc? Before we act we should study a "private option" for smaller, more efficient companies, say, less than ten cars and drivers, who have built their own clientele to be exempt from dispatchers requirements. Drivers who provide a more personable service. Sincerely, Dennis Woods Doderer a.k.a. cabDennis (Redline Cab) 2 Marian Karr From: Marian Karr Sent: Friday, December 07, 2012 4:23 PM To: 'Chris John' Cc: hawkemedia @gmail.com; Council Subject: RE: Info and facts about taxicab regulations Chris, I would like to set up a meeting to discuss these matters with you and Dennis Doderer. I believe some of the same concerns expressed in your email were also noted by Mr. Doderer in his remarks to Council.. I spoke with Dennis yesterday and he offered to contact you regarding the possibility of a meeting early next week. My apologies for not contacting you directly. I have copied Dennis on this email and hope you can get back to me with a time that we might sit down and discuss these items. Marian K. Karr City Clerk 356 -5041 From: Chris John [mailto:iowacitycab @yahoo.com] Sent: Friday, December 07, 2012 3:54 PM To: Matt Hayek; Susan Mims; Rick Dobyns; Michelle Payne; Jim Throgmorton; Council; Ihermiston @press - citizen.com Subject: Info and facts about taxicab regulations Hello. Yeah, it's me, again. Thank you for taking the time out of your day to read this email. I would place calls to each individual council member but you all have jobs, families AND city council obligations. I do not want to intrude on those things by bugging you with phone calls. If too busy to read an email at the time, it can always be set aside and pondered when less busy. 1. It was mentioned at the council meeting and on city website meeting info that all of the cab companies that attended the meeting agreed on the color scheme requirement. The agreeance was not unanimous. I have read the paperwork submitted to the city by David Tiet, owner of Big Ten/Aardvark Taxi in Iowa City and public statements in the news media made by Mr. Tiet which state his opposition to the color scheme requirement. (http://vAvw.dailyiowan.com/2012/12/05/Opinions/31149.html 2. The meeting between the city clerk and company owners took place on Halloween, the second busiest non- football day of the year for taxi owner- operators. Due to the timing of the meeting, many small business and owner- operators were not able to attend to give input. Also, the nature of that process leaves a lot of room for anti- competitive regulation to be pushed through without any professional, independent study by members of academia or the transportation industry. That is why taxi regulations have run in a circular motion for decades. These very same regulations have already been in place before and were deemed anti- competitive /market restricting/monopolizing and were thus de- regulated in order to provide a more competitive and fair free market. 3. I am tired of Roger Bradley, manager of Yellow Cab in Iowa City, publicly talking trash about small companies and owner operators and wrongly accusing us of breaking laws or being unsafe. After the last meeting I had continually been asking myself if this was really happening. Could large companies so easily use intellectual dishonesty to push through such anti- competitive and illogical legislation in an effort to push legitimate small guys out? Why don't Rogers proposals actually address the problems of price gouging and safety? Then as I was driving along the street in the rain on Thursday, it struck me. Life gave me a sign, literally. A Yellow Cab "Safe Ride" sign had blown off of the Iowa City Yellow Cab Crown Vic that was several cars up and hit my van. Hmm, safe ride? Not very safe if you're riding behind it. Not to even mention that Iowa City taxicab regulations specifically state that removable signs are not allowed. The lettering ordinance blatantly states "Removable signs shall not be allowed." Removable signs are a safety hazard. They blow off easily and can cause traffic hazards. Even if safety was not the intent of the law, every Iowa City Yellow Cab on the streets is currently a safety hazard because they all have one or two of these removable magnetic signs. I will return the sign to Roger at the next city council meeting. Kind of funny how the guy who gets up and always points the finger at others is himself leading an entire fleet of unsafe cabs. 4. Mr. Throgmorton, I was made aware of some comments made by email by Dr. John W. Fuller in regards to the taxi ordinances. Have you shared those comments with otther council members and if not, could you please? I am hesitant to post his email statement publicly because it was not addressed specifically to me. I looked up the credentials of Dr. Fuller and was blown away. Here is a guy that is highly educated and experienced in areas related to the very matter at hand. He has no personal or financial interest in the matter. We need people like Dr. Fuller to at least be consulted about taxi regulations and to give input to city council. 5. I hope that you all have a great weekend. Please consider to vote down the proposed taxicab regulations and please send us all back to the drawing board, with the inclusion of independent people qualified to mediate such matters so that ordinances addressing safety and price - gouging are enacted while anti - competitive and illogical ordinances are rejected before they even hit your table. With the wide variety of topics that come before the city council, I just don't know how you all do it and I greatly respect the effort and work that you do accomplish. The taxi industry worldwide has long been corrupt and in no city have shady drivers been completely eradicated, ever. The industry has a long, deep history of low non - guaranteed wages and regulations to monopolize markets into the hands of the very few who hire those who will take such low paying jobs. Iowa City has a very unique opportunity to transform the taxi industry. We have a great opportunity to be one of the first cities to put safety, customer and environmental concerns ahead of concentrating power into the hands of a few. The Iowa City taxi industry owner - operators are a great addition to the city. We make the streets more safe, not less. And here is another part where Yellow gets it wrong. We owner - operators and smalls do not dispatch from the vehicles. We do not even dispatch at all. We operate on a customer -to- driver call basis. It is a much more efficient way for us to do business. It allows us to provide the high level of personalized customer service that a large segment of the Iowa City taxi market desires. Thanks again for your time and consideration, Chris Cutkomp iowacitycab gyahoo.com Marian Karr From: Dennis Doderer <hawkemedia @g mail. com> Sent: Monday, December 10, 2012 3:01 AM To: Marian Karr; Chris John Cc: Council Subject: Re: Info and facts about taxicab regulations Marian, Chris Cutkomp and I are pleased that you will be meeting with us and Councilman Throgmorton Monday afternoon. If seems like 2 PM, as previously discussed, works for all of us. My experience in the Iowa and Michigan legislatures and the U.S. Congress is that certain data is usually supplied at the committee and subcommittee level and I have not been able to find any information that is the basis of the second major change in Taxi Legislation. None of us have seen data on the complaints filed against cabdrivers and companies by the cab using public. We would, also, like to see any research or findings on the financial impact on the taxi economy, specifically the smaller companies, and it's owner - operators and on the consuming public. What will be the increase in operations for companies and the resulting increase in cab fares? How many Companies and drivers will be driven out of business? This information should include the complaints filed with the city, the amount of fines levied on individuals and companies, the number of tickets given to offending individuals and companies, the number of drivers suspended by the city and any pertinent other information supplied to substantiate the need for these regulation changes. We would also like the studies, statistics and reports that Roger Bradley of yellow cab has based his safety claims on. Neither your department nor the police apartment, has supplied any written information on the plans for enforcement. What are the manpower and and financial ramifications for enforcing the new law? 1 Common sense and good government dictate these basic considerations be taken and we and the Council members that we will be meeting before the 3rd reading, most assuredly, would want to see this data. The limitations of the public hearings, without a back and forth colloquy, make our meetings with you and the city Council that much more critical. We look forward to this process. Thank you. Sincerely, Dennis Woods - Doderer 319- 331 -2585 On Dec 7, 2012, at 4:23 PM, Marian Karr wrote: Chris, I would like to setup a meeting to discuss these matters with you and Dennis Doderer. I believe some of the same concerns expressed in your email were also noted by Mr. Doderer in his remarks to Council.. I spoke with Dennis yesterday and he offered to contact you regarding the possibility of a meeting early next week. My apologies for not contacting you directly. I have copied Dennis on this email and hope you can get back to me with a time that we might sit down and discuss these items. Marian K. Karr City Clerk 356 -5041 From: Chris John [mailto:iowacitycab @yahoo.com] Sent: Friday, December 07, 2012 3:54 PM To: Matt Hayek; Susan Mims; Rick Dobyns; Michelle Payne; Jim Throgmorton; Council; Ihermiston @press - citizen.com Subject: Info and facts about taxicab regulations Hello. Yeah, it's me, again. Thank you for taking the time out of your day to read this email. I would place calls to each individual council member but you all have jobs, families AND city council obligations. I do not want to intrude on those things by bugging you with phone calls. If too busy to read an email at the time, it can always be set aside and pondered when less busy. 1. It was mentioned at the council meeting and on city website meeting info that all of the cab companies that attended the meeting agreed on the color scheme requirement. The agreeance was not unanimous. I have read the paperwork submitted to the city by David Tiet, owner of Big Ten/Aardvark Taxi in Iowa City and public statements in the news media made by Mr. Tiet which state his opposition to the color scheme requirement. (httv://www.dailyiowan.com/2012/12/05/Opinions/31149.html) 2 2. The meeting between the city clerk and company owners took place on Halloween, the second busiest non- football day of the year for taxi owner- operators. Due to the timing of the meeting, many small business and owner- operators were not able to attend to give input. Also, the nature of that process leaves a lot of room for anti - competitive regulation to be pushed through without any professional, independent study by members of academia or the transportation industry. That is why taxi regulations have run in a circular motion for decades. These very same regulations have already been in place before and were deemed anti- competitive /market restricting /monopolizing and were thus de- regulated in order to provide a more competitive and fair free market. 3. I am tired of Roger Bradley, manager of Yellow Cab in Iowa City, publicly talking trash about small companies and owner operators and wrongly accusing us of breaking laws or being unsafe. After the last meeting I had continually been asking myself if this was really happening. Could large companies so easily use intellectual dishonesty to push through such anti - competitive and illogical legislation in an effort to push legitimate small guys out? Why don't Rogers proposals actually address the problems of price gouging and safety? Then as I was driving along the street in the rain on Thursday, it struck me. Life gave me a sign, literally. A Yellow Cab "Safe Ride" sign had blown off of the Iowa City Yellow Cab Crown Vic that was several cars up and hit my van. Hmm, safe ride? Not very safe if you're riding behind it. Not to even mention that Iowa City taxicab regulations specifically state that removable signs are not allowed. The lettering ordinance blatantly states "Removable signs shall not be allowed." Removable signs are a safety hazard. They blow off easily and can cause traffic hazards. Even if safety was not the intent of the law, every Iowa City Yellow Cab on the streets is currently a safety hazard because they all have one or two of these removable magnetic signs. I will return the sign to Roger at the next city council meeting. Kind of funny how the guy who gets up and always points the finger at others is himself leading an entire fleet of unsafe cabs. 4. Mr. Throgmorton, I was made aware of some comments made by email by Dr. John W. Fuller in regards to the taxi ordinances. Have you shared those comments with otther council members and if not, could you please? I am hesitant to post his email statement publicly because it was not addressed specifically to me. I looked up the credentials of Dr. Fuller and was blown away. Here is a guy that is highly educated and experienced in areas related to the very matter at hand. He has no personal or financial interest in the matter. We need people like Dr. Fuller to at least be consulted about taxi regulations and to give input to city council. 5. I hope that you all have a great weekend. Please consider to vote down the proposed taxicab regulations and please send us all back to the drawing board, with the inclusion of independent people qualified to mediate such matters so that ordinances addressing safety and price - gouging are enacted while anti - competitive and illogical ordinances are rejected before they even hit your table. With the wide variety of topics that come before the city council, I just don't know how you all do it and I greatly respect the effort and work that you do accomplish. The taxi industry worldwide has long been corrupt and in no city have shady drivers been completely eradicated, ever. The industry has a long, deep history of low non - guaranteed wages and regulations to monopolize markets into the hands of the very few who hire those who will take such low paying jobs. Iowa City has a very unique opportunity to transform the taxi industry. We have a great opportunity to be one of the first cities to put safety, customer and environmental concerns ahead of concentrating power into the hands of a few. The Iowa City taxi industry owner - operators are a great addition to the city. We make the streets more safe, not less. And here is another part where Yellow gets it wrong. We owner- operators and smalls do not dispatch from the vehicles. We do not even dispatch at all. We operate on a customer -to- driver call basis. It is a much more efficient way for us to do business. It allows us to provide the high level of personalized customer service that a large segment of the Iowa City taxi market desires. Thanks again for your time and consideration, Chris Cutkomp iowacitycabgyahoo.com Marian Karr From: Doug Kallin <douglas.kallin @yahoo.com> Sent: Thursday, December 13, 2012 11:58 AM To: Council Subject: Taxi Cab Ordinance I sent this to the Daily Iowan and hope they choose to publish it. I seriously urge all of you to read this and take this matter seriously. I am not affiliated with any cab company, I am only a resident that cares about the direction that you are taking this city. I thank you for your time. The Iowa City Council is at it again. Not satisfied with destroying the entertainment economy of downtown Iowa City, they now turn their attention toward ruining the cab industry as well. Have any of the councilors taken simple economics courses? Do they understand that when you artificially create barriers to entry in the marketplace that prices go up and competition goes down? And who pays for this? We do of course, the citizens of Iowa City. This ordinance is nothing more than a power grab by the larger cab companies in this area. To quote Councilor Rick Dobyns, "I think of a taxicab in a similar fashion to a police officer. Police officers have to be dressed uniformly; they can't just have their badge and dress any way they want. The same is true for taxis; the car needs to be standard and visible." Is he serious? Someone needs to explain to Councilor Dobyns that the Police Department is a public institution, while cab companies are private companies. The next logical extension of this line of thinking is to require all bars to be blue, all department stores to be red, and all restaurants to be yellow. Afterall, how can I tell what type of place I am walking in to if everything isn't color coded? Iowa City needs to realize that their City Council thinks that their citizens are all children and unable to determine what is a cab and what isn't. Add this to the 21 ordinance and the red light cameras to see how little the Council truly thinks of your abilities to function as adults. If you care about the economic future of our city, then please vote all of these people out of office at every opportunity available. M4� 10 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5030 ORDINANCE NO. 12 -4511 ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "ANIMAL CONTROL," TO ESTABLISH A PERMIT PROCESS FOR URBAN CHICKENS. WHEREAS, citizens have requested that the City Code be amended to allow them to keep chickens to produce eggs for personal, not commercial, use; and WHEREAS, it is in the best interest of the City to establish a permit process for urban chickens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 8, entitled "Police Regulations," Chapter 4, entitled "Animal Control," Section 12, entitled "Permit Required," is hereby amended by adding the following new Subsection F, entitled "Urban Chicken Permits" as follows: 1. No person shall raise, harbor or keep chickens without an urban chicken permit, or other permit, issued by the City. 2. Chicken means a member of the subspecies of gallus gallus domesticus, a domesticated chicken. 3. In order to obtain an urban chicken permit, an applicant must submit a completed application on a form provided by the City accompanied by the permit fee. 4. Within 30 days of submission of the application, the Police Chief, or designee, shall issue the urban chicken permit if the applicant meets the requirements of this provision and the policy adopted by City Council resolution or deny the application. If the application is denied, Police Chief, or designee, shall state the reasons in writing. 5. The urban chicken permit shall be valid for three years and may not be sold, transferred or assigned. 6. The Police Chief, or designee, may revoke an urban chicken permit as provided in the policy adopted by Council resolution. 7. Appeals of the decision to deny or revoke an urban chicken permit are to City Manager, or designee, and must be filed within ten (10) days of the decision. 8. Subsections A -E of Section 8 -4 -12 and Section 8-4 -13 do not apply to this subsection. 9. Additional requirements, including permit fees, shall be adopted by resolution. 10. Violation of this subsection or the terms of the urban chicken permit is punishable by a municipal infraction with a civil penalty of $100 for first violation, $250 for second violation, and $500 for third and subsequent violations. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18thday of December , 2012. • �!�...!i_ � tom' A••• -•• ������ City Attorney's Office Ordinance No. 12 -4511 Page 2 It was moved by Mims and seconded by Dobyns that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _x Champion x Dickens x Dobyns Y Hayek x Mims x Payne x Throgmorton First Consideration 11/27/2012 Vote for passage: AYES: Throgmorton, Champion, Dobyns, Hayek, Mims. NAYS: Payne, Dickens. ABSENT: None. Second Consideration 12/4/2012 Vote for passage: AYES: Champion, Dickens, Do.byns, Hayek, Mims. NAYS: "Payne, Throgmorton. ABSENT: None. Date published 12/27/2012 ra Marian Karr From: MARY CROOKS <patchworkmaryj @msn.com> Sent: Wednesday, December 05, 2012 9:39 PM To: Council Subject: gratitude for the chicken ordinance!! To the City Council, I want to commend you for moving forward with the chicken ordinance and am excited that the process is nearly completed. It will be great for families to have the opportunity to have access to organic, uncontaminated eggs right in their own backyards, as well as the many benefits that chickens offer to our ecosystems. I am delighted that Iowa City is following the lead of so many other cities and towns that allow chickens to be raised in their communities. I regret that there are so many stipulations in the ordinance which seem arbitrary since they do not apply to other animals such as dogs. I have a friend whose co- worker is afraid to go into her backyard because her neighbor has a pit bull and the fence is not high enough to give her a feeling of safety. It seems unfortunate that the same regulations do not apply to all animals. Nonetheless, this ordinance is a step in the right direction. Thank you, Mary Kirkpatrick 431 Elmridge Avenue Iowa City