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HomeMy WebLinkAbout2019-07-16 OrdinanceItem Number: 10.a. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org July 16, 2019 Ordinance rezoning approximately 0.10 acres of property from Central Business Service (CB -2) to CB -2 with a Historic District Overlay (CB-2/OHD) for the property located at 225 North Gilbert Street (REZ19-06). ATTACHMENTS: Description PZ Staff Report Rezoning Ordinance CITY OF IOWA CITY MEMORANDUM Date: June 14, 2019 To: Planning and Zoning Commission From: Jade Pederson, Planning Intern Re: Designation of the Hohenschuh-Hervert House, 225 North Gilbert Street, as a Historic Landmark (REZ19-06) Background: City staff has requested that the Hohenschuh-Hervert House, located at 225 North Gilbert Street, be designated as an Iowa City Historic Landmark. The house was built in a vernacular design with Folk Victorian detailing in 1904 by Charles Mentzer, a socially recognized carpenter, for Christian and Clara Dostal Hohenschuh, prominent figures in Iowa City society and owners of 229 North Gilbert Street. In 1936, Katie Hervert, and later her husband Frank Henry Hervert, gained ownership and made significant alterations to the house. Frank Hervert was a member of the design -build carpentry industry in Iowa City which influenced the stylistic designation of the house. Historic Preservation Commission Review: The Historic June 13, 2019 and conducted a public hearing at which historic significance of the Hohenschuh-Hervert House. Th property meets the requirements for a landmark and vot designation of 225 North Gilbert Street as an Iowa City significant because of its relationship to second -generation of Iowa City, the local tradition of architectural salvage and example of local design -builder craftsmanship. Preservation Commission met on they reviewed and evaluated the Commission determined that the �d to recommend approval of the -listoric Landmark. The building is immigrant families in the Northside reuse, and being a well-preserved Planning and Zoning Commission Review: Landmark designation is a zoning overlay and therefore requires 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 relation to the Comprehensive Plan and the proposed public improvements and plans for the renewal of the area involved. There are two specific areas of the Comprehensive Plan that appear to apply to this proposal: 1). the Central District Plan and 2). the Historic Preservation Plan. The property falls within the Northside Marketplace Commercial Area of the Central District. The historic character of the Northside Marketplace is maintained by its distinct identity and scale. The preservation of historic resources is encouraged to aid in maintaining culture, history, and identity in Iowa City. Furthermore, Goal 1b. for the Northside Marketplace calls for the protection of historic buildings. The Historic Preservation element of the Comprehensive Plan has two goals that relates to this proposal. Goal 1: Identify historic resources significant to Iowa City's past and Goal 10: Adopt strategies that preserve historic neighborhoods, and in particular, the Gilbert -Linn Street neighborhood. Specifically, Objective 5 of Goal 1 is satisfied by means of the nomination and pursuit of Local Landmark designation. The information provided by the Iowa Site Inventory form, and the Intensive Historical and Architectural History Survey and Evaluation of 225 N Gilbert Street and 229 N Gilbert Street done by Tim Weitzel confirms the property is significant to Iowa City's history, architecture, archaeology, and culture; that it possesses integrity of location, design, setting, materials, and workmanship; is associated with events that have made June 14, 2019 Page 2 a significant contribution to the broad patterns of our history; and is associated with the lives of persons significant in our past. Preservation of 225 North Gilbert Street would not be in conflict with the future redevelopment of the area but would actively promote the preservation of historic resources. Furthermore, modifications to the exterior of the Hohenschuh-Hervert House will be able to be made with the review and approval of either the Historic Preservation Planner or the Historic Preservation Commission. Staff Recommendations: Staff recommends the approval of REZ19-06, an application to designate 225 North Gilbert Street as an Iowa City Historic Landmark and rezone from Community Business Service (CB -2) to Community Business Service with a Historic District Overlay (CB-2/OHD). Attachments: 1. Location Map 2. Zoning Map 3. Historic Preservation Commission Memo, 05/31/2019 (refer to staff report for 229 N. Gilbert Street rezoning (REZ19-05)) Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services AL vfrte`- j��' yE.[► ! �- E BLOOMINGTON ST AL Im,a to Qt ji APi E OIL MARKETST rl t, Pk An An application submitted by the City of Iowa City for the rezoning of approximately 0.1045 acres ` 1 located at 225 North Gilbert Street from Central Business Service (CB -2) to Central Business Service CB -2 with a Historic Distric Overlay OHD). CITY OF IOWA CITY C01 C01 CB2 3" A CB2 CB2 CB2 C01 C01 co, c01 C01 fit. NS12CB2 F_ iz z L, E BLOOMINGTON ST .,�; ` F _ _ .M. repared By: Jade Pederson ate Prepared: June 2019 ��Vk! f� • S�Y3 • RM44 C62 C62 RNS12 RNS12 CB2 CB2 RNS12 CB2 RM44 CB2 CB2 RNS12 RNS12 CB2 CB2 -- 2-- d RM44 CB2 CB2 C01 CB2 CB2 RNS12 RM44 CB2 i CB2 CB2 — C01 CB2 CB2 z CB2 m C01 CB5 CB2 z CB2 CB2_-- CB5 CB5 CB5 CB2 CB2 CB2 P1 CB2 z C01 C01 C01 CB5 CB5 CB2 b C01 y = E MARKET STlow \ CB5, li CB5 CB5 CB2 t m CB5 CB2 C01 C01 C CB2 Z An application submitted by the City of Iowa City OB5 CB2MU col for the rezoning of approximately 0.1045 acres CB2 C01z located at 225 North Gilbert Street from Central2 _ CB2 C01 Z Business Service (CB -2) to Central BusinessService (CB -2) with a Historic Distric Overlay (OHD).NAVMU MU MU MU MU MU MU MU 14192 l(0,OL- Prepared by: Jade Pederson, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; (REZ19-06) Ordinance No. Ordinance rezoning approximately 0.10 acres of property from Central Business Service (CB -2) to CB -2 with a Historic District Overlay (CB-2/OHD) for the property located at 225 North Gilbert Street (REZ19- 06). Whereas, the applicant, the City of Iowa City, has requested a rezoning of property located at 225 North Gilbert Street from Central Business Service (CB -2) to Central Business Service with a Historic District Overlay (CB-2/OHD); and Whereas, the Comprehensive Plan encourages the preservation of historic buildings; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, Goal 10 of the Historic Preservation component of the Comprehensive Plan calls for the adoption of strategies to preserve historic neighborhoods, in particular, the Gilbert -Linn Street neighborhood; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark Designation and has found that it meets the criteria for landmark designation in its significance to American and/or Iowa City's history, architecture, archeology and/or culture; its possession of integrity of location, design, setting, materials, and/or workmanship; its association with events that have made a significant contribution to the broad patterns of our history; and its association with the lives of persons significant in our past; and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning and has found that it is consistent with the Comprehensive Plan goals of preserving historic resources; 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 Central Business Service (CB -2) to Central Business Service with a Historic District Overlay (CB -2 / OHD): The North 55 feet of the South 100 feet of Lot One, and East 10 Feet of North 15 feet of the South 60 feet of Lot 2, all in Block Fifty -Eight, in Iowa City, Iowa, according to the recorded plat thereof. 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. Ordinance No. Page 2 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 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. Passed and approved this day of , 20_. Mayor Approved by: Attest: 4 r,pImo' -P' City Clerk City Attorney's Office � /z 4'lr9 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 07/16/2C Voteforpassage: AYES: Mims, Cole. NAYS: None. ABSENT: Second Consideration _ Vote for passage: Date published Cole Mims Salih Taylor Teague Thomas Throgmorton 18 that the Taylor, Teague, Thomas, Throgmorton, Salih. Item Number: 10.b. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org July 16, 2019 Ordinance rezoning approximately 0.09 acres of property from Central Business Service (CB -2) to CB -2 with a Historic District Overlay (CB-2/OHD) for property located at 229 North Gilbert Street (REZ19-05). ATTACHMENTS: Description PZ Staff Report PZ Minutes Rezoning Ordinance CITY OF IOWA CITY MEMORANDUM Date: June 14, 2019 To: Planning and Zoning Commission From: Jade Pederson, Planning Intern Re: Designation of the Christian and Clara Dostal Hohenschuh House, 229 North Gilbert Street, as a Historic Landmark (REZ19-05) Background: City staff has requested that the Christian and Clara Dostal Hohenschuh House, located at 229 North Gilbert Street, be designated as an Iowa City Historic Landmark. The house was first addressed as 231 N Gilbert Street but has since appeared as 229 N Gilbert St. It was built in 1897 as a Free Classic Queen Anne by Jacob J. Hotz, a broadly known, successful carpenter and businessman. With the design direction of his son, Charles Hotz, the two -and -a -half -story house was given a central hipped roof and lower cross gabled wings. This property, with its asymmetrical design and elaborate porch, was one of the few high -style houses built in the 1890s to survive from the Phase II Area. Christian and Clara Dostal Hohenschuh, the original owners of this property, were prominent figures of Iowa City society. The Hohenschuh's were part of the Northside Neighborhood immigrant communities as second -generation immigrants. Jacob J. Hotz was also a second - generation immigrant and interacted with the Northside German Immigrant Community. The house has relationships with other notable Iowa Citians, the most prominent being Mary Keating, a second -generation Irish immigrant, who was important in the history of the Veterans Administration Hospital. Historic Preservation Commission Review: The Historic Preservation Commission met on June 13, 2019 and conducted a public hearing at which they reviewed and evaluated the historic significance of the Christian and Clara Dostal Hohenschuh House. The Commission determined that the property meets the requirements for a landmark and voted to recommend approval of the designation of 229 North Gilbert Street as an Iowa City Historic Landmark. The building is significant because of its relationship to second -generation immigrant families in the Northside of Iowa City. Planning and Zoning Commission Review: Landmark designation is a zoning overlay and therefore requires 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 relation to the Comprehensive Plan and the proposed public improvements and plans for the renewal of the area involved. There are two specific areas of the Comprehensive Plan that apply to this proposal: 1). the Central District Plan and 2). the Historic Preservation Plan. The property falls within the Northside Marketplace Commercial Area of the Central District. The historic character of the Northside Marketplace is maintained by its distinct identity and scale. The preservation of historic resources is encouraged to aid in maintaining culture, history, and identity in Iowa City. Furthermore, Goal 1b. for the Northside Marketplace calls for the protection of historic buildings. The Historic Preservation element of the Comprehensive Plan has two goals that relate to this proposal. Goal 1: Identify historic resources significant to Iowa City's past and Goal 10: Adopt June 14, 2019 Page 2 strategies that preserve historic neighborhoods, and in particular, the Gilbert -Linn Street neighborhood. Specifically, Objective 5 of Goal 1 is satisfied by means of the nomination and pursuit of Local Landmark designation. The information provided by the Iowa Site Inventory form, and the Intensive Historical and Architectural History Survey and Evaluation of 225 N Gilbert Street and 229 N Gilbert Street done by Tim Weitzel confirms the property is significant to Iowa City's history, architecture, archaeology, and culture; that it possesses integrity of location, design, setting, materials, and workmanship; and is associated with events that have made a significant contribution to the broad patterns of our history. Preservation of 229 North Gilbert Street would not be in conflict with the future redevelopment of the area but would actively promote the preservation of historic resources. Furthermore, modifications to the exterior of the Christian and Clara Dostal Hohenschuh House will be able to be made with the review and approval of either the Historic Preservation Planner or the Historic Preservation Commission. Staff Recommendations: Staff recommends the approval of REZ19-05, an application to designate 229 North Gilbert Street as an Iowa City Historic Landmark and rezone from Community Business Service (CB -2) to Community Business Service with a Historic District Overlay (CB-2/OHD). Attachments: 1. Location Map 2. Zoning Map 3. Historic Preservation Commission Memo, 05/31/2019 Approved by: 6 S%+,���� Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services FOL +y City Historic Preservation Commission — - ---- City Ha", 410 t Wrshir; cm Street, !cwa My. IA. 52240 Memorandum Date: May 31, 2019 To: Historic Preservation Commission From: Jessica Bristow, Historic Preservation Planner Re: Hohenschuh-Hervert House, 225 North Gilbert Street and Christian and Clara Dostal Hohenschuh House, 229 North Gilbert Street In 2018, at the request of the City Manager, City Staff sent out a Request for Quotes seeking a consultant to perform an intensive survey of the properties at 225 and 229 North Gilbert Street. The City had purchased the properties and intended to designate them as local landmarks, pending eligibility, in order to preserve them from demolition and to help stabilize the historic character of the neighborhood. As a result of the proposals, the City hired consultant Tim Weitzel to perform the study and provide a written report overview. This report and the two intensive survey forms (as attachments to the report) are included with this memorandum. In addition, the City has been working with potential new owners for their future use, potentially as commercial properties. Weitzel's report begins with an Executive Summary listing the results of the study. The body of the report then includes an introduction that discusses landmark eligibility and the relationship between the National Register and local requirements. Weitzel outlines his methodology and provides a history of past investigations and land use of the neighborhood. The bulk of the report is the establishment of historic contexts for evaluation and discussion of the properties' histories. Both houses are tied to the strong influence of 19th -century immigrant communities and the history of building construction and design in Iowa City. A thorough history of each property is included in the attached site inventory forms. The site inventory forms are in a State -required format and also include a discussion and evaluation of the architecture. Finally, Weitzel includes statements on his findings and recommendations. Based on the results of Weitzel's study and the findings in the report, the City seeks local landmark designation for both properties. At the June 13, 2019 Historic Preservation Commission meeting public hearings will be held for each property individually in order to discuss local landmark eligibility. Hohenschuh-Hervert House, 225 North Gilbert Street City Staff has requested that the Hohenschuh-Hervert House, 225 North Gilbert Street, be designated as an Iowa City Historic Landmark. Designation of the property as an Iowa City Historic Landmark will require Commission approval of any significant changes to the exterior of the building. Landmark status will make the property eligible'for special exceptions that would allow the Board of Adjustment to waive or modify certain zoning requirements and for State Tax Credit funding of rehabilitation. It is not intended that the City will retain ownership of the property. lows -a 'City His,tohc Prase ry ton Commission issioI<'li (7,-,'Y Hall, ,'10 7'Washington S:ro t, Iowa City. IX 52240 The Douse was built in 1904 by Charles Mentzer for Christian and Clara Dostal Hohenschuh, prominent in Iowa City society, who had originally lived next door at 229 Gilbert Street and built the house upon their return to town. The house was built in a vernacular design with Folk Victorian detailing. Following Christian's death in 1918, Clara returned to 229 Gilbert and rented the property at 225 Gilbert until she sold it in 1936. The history of the Hohenschuh's is also linked to the widespread Spanish Flu epidemic of 1918. The history of the house is also tied to Katie and Frank Hervert who owned 225 Gilbert through the middle of the 20th century. The history of the changes to the house is tied to a local builder/craftsman tradition in Iowa City. The Hohenschuh-Hervert House was found to be individually eligible for listing in the National Register of Historic places under Criterion A, because of its relationship to second generation immigrant families in the Northside of Iowa City and the local tradition of architectural salvage and reuse and C, Design/Construction, as a well-preserved example of local design -builder craftsmanship, especially architectural salvage and remodeling work. For local landmark designation, the Commission should determine if the property meets criterion a. and b. and at least one of the criteria c., d., e., or f. for local designation listed below: a. Significant to American and/or Iowa City history, architecture, archaeology and culture; b. Possesses integrity of location, design, setting, materials and workmanship; c. Associated with events that have made a significant contribution to the broad patterns of our history; d. Associated with the lives of persons significant in our past; e. 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 may lack individual distinction; f. Has yielded or may likely yield information important in prehistory or history. Based on the information provided in the report and the Site Inventory Form, staff finds that the property meets criteria a, b, c and d and therefore qualifies as an Iowa City Historic Landmark. Recommended Motion: Move to approve the designation of the Hohenschuh-Hervert House, 225 North Gilbert Street, as an Iowa City Historic Landmark based on the following criteria for local designation: criteria a, b, c and d. 2 City Historic Preservation 'Commissi in Cii;(Hall, =,10 E Wash;nr;;c ; F!rnei, Iowa Uy. IA. '2240 Christian and Clara Dostal Hohenschuh House 229 North Gilbert Street City Staff has requested that the Christian and Clara Dostal Hohenschuh House, 229 North Gilbert Street, be designated as an Iowa City Historic Landmark. Designation of the property as an Iowa City Historic Landmark will require Commission approval of any significant changes to the exterior of the building. Landmark status will make the property eligible for special exceptions that would allow the Board of Adjustment to waive or modify certain zoning requirements and for State Tax Credit funding of rehabilitation. It is not intended that the City will retain ownership of the property. The house was built in 1897 by Jacob J. Hotz, a well-known and successful carpenter, for Christian and Clara Dostal Hohenschuh, prominent in Iowa City society. The house was built in as a Free Classic Queen Anne. In addition to its relationship to the Hohenschuh's several other notable Iowa Citians were also residents of the home through its history. The Christian and Clara Dostal Hohenschuh House was found to be individually eligible for listing in the National Register of Historic places under Criterion A, because of its relationship to second generation immigrant families in the Northside of Iowa City. While the existing vinyl siding prevents an evaluation for Criterion C it is expected to be eligible under this criterion as well and could be evaluated once the vinyl is removed. For local landmark designation, the Commission should determine if the property meets criterion a. and b. and at least one of the criteria c., d., e., or f. for local designation listed below: a. Significant to American andlor Iowa City history, architecture, archaeology and culture; b. Possesses integrity of location, design, setting, materials and workmanship; c. Associated with events that have made a significant contribution to the broad patterns of our history; d. Associated with the lives of persons significant in our past; e. Embodies the distinctive characteristics of a stype, 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 may lack individual distinction; f. Has yielded or may likely yield information important in prehistory or history. Based on the information provided in the report and the Site Inventory Form, staff finds that the property meets criteria a, b, and c and therefore qualifies as an Iowa City Historic Landmark. Recommended Motion: Move to approve the designation of the Christian and Clara Dostal Hohenschuh House, 229 North Gilbert Street, as an Iowa City Historic Landmark based on the following criteria for local designation: criteria a, b, and c. Intensive Historical and Architectural History Survey and Evaluation of 225 N Gilbert Street and 229 N Gilbert Street Iowa City, Iowa HADB No.: 52-00131 Prepared for the Historic Preservation Commission City of Iowa City, Iowa Tim Weitzel Historian, Architectural Historian, and Archaeologist April 2019 Executive Summary An intensive historical and architectural history survey and evaluation of the Hohenschuh-Hervert house, 225 N Gilbert Street (ISIN 52-03267) and the Christian and Clara Dostal Hohenshcuh house, 229 N Gilbert Street (ISIN 52-03267) was conducted in January through March of 2019. The two subject properties are located in the Northside neighborhood of Iowa City, specifically in the Northside Commercial District. They were purchased by the City of Iowa City in the fall of 2018. The City of Iowa City indicated an interest in potentially preserving the properties for historic preservation as well as land use planning purposes. The properties were previously identified as potential historic properties in 1981 and 1999 but no further action was taken on those recommendations. The 2019 intensive level investigation of the properties for their historical and architectural significance returns a recommendation to the Historic Preservation Commission that these properties possess historic merit and recommends that they are eligible to be nominated for the National Register of Historic Places and are also eligible for consideration for local landmark status. The Hohenschuh-Hervert house is eligible for Criteria A: Associations with patterns of history and Criteria C: Type, period, and method of construction. The Christian and Clara Dostal Hohenshcuh house is eligible for Criteria A: Associations with patterns of history. This project meets preservation and planning goals for the CLG program as well as identification goals called for in Iowa City ordinance and the Historic Preservation Plan, in particular Goal 1: Identify historic resources significant to Iowa City's past as well as Objective 4 of that plan for the Downtown Planning District, which calls for designation of individually eligible properties as local historic landmarks. Introduction The City of Iowa City issued a Request for Qualifications (RFQ) in October of 2018 for an evaluation of two potentially historic properties -225 N Gilbert Street (ISIN 52-03267) and 229 N Gilbert Street (ISIN 52- 03267), the subject properties of this study.: The RFQ called for an intensive survey report that includes information found in a Multiple Property Documentation form (but not on the MPD form) including a site inventory forms and photographic documentation. This report provides the information found on an MPD document, including the methodology used in the study (page 3), provides the history of investigations on the two subject properties (page 4), provides the historic contexts used to evaluate the properties (page 7), and summarizes the results of the information on the two site inventory forms along with recommendations for eligibility to the National Register of Historic Places (page 15). However, as the results of this survey did not find that there is a multiple property to document, the report does not include a statement of significance or narrative for a multiple property. As would be required with an MPD, the documentation of the survey work and the : The State Historic Preservation Office maintains a register and database of all reviewed properties in Iowa, Each property is assigned a unique Iowa Site Inventory -Number, designated here as ISIN. documentation for the recommendations made is provided on Iowa Site Inventory froms, which are provided in Appendix A. The subject properties are located on the north side of downtown Iowa City in the Northside Commercial District and are in a broad way part of the Northside neighborhood of Iowa City. They were acquired by the City of Iowa City in the fall of 2018. The properties are located within a popular commercial area but remained until recently in residential use. The buildings were inhabited at the time of the purchase by the City. Both properties are well over 50 years of age and had been looked at previously for eligibility for the National Register of Historic Places as part of historic preservation survey work in the Northside Neighborhood. Both properties had been identified as potentially eligible in two previous reviews, which if this were a compliance triggered report would be sufficient to determine them potentially eligible for the National Register of Historic Places (N RHP). However, it was also clear by preliminary work done by staff that there were important potential discrepancies in what had been reported. It was therefore judged necessary to revisit the previous work and at the same time evaluate the current condition of the buildings, which well could have changed in the 20 years since the last recommendations were made. It was further noted that the State Historic Preservation Office has increased its reliance on guidance and authorities provided by the National Park Service for the implementation of identification and evaluation efforts for nomination and management of historic properties through the Certified Local Government Program (CLG) program and this could affect the recommendations for the properties in that regard. To be eligible for the National Register of Historic Places, a property must meet one or more of the four Criteria for Evaluation and it must possess Historic Integrity. The Criteria for Evaluation state the quality of significance in American history, architecture, archeology, engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: A. That are associated with events that have made a significant contribution to the broad patterns of our history; or B. That are associated with the lives of significant persons in our past; or C. That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or D. That have yielded, or may be likely to yield, information important in history or prehistory. . There are specific methods to evaluate these criteria. Evaluating the historic integrity of the property is an admittedly subjective process, but there are set criteria for their application. A full discussion of evaluation of historic properties is provided in National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation. It is noted that Criteria D almost always applies to archaeological sites and no attempt to systematically identify archaeological sites was made in the course of this investigation, though recommendations for their preservation, if they are present, are included in this report. 0 The results of this survey and evaluation—the case for eligibility—is made on an Iowa Site Inventory form. Each form inventories the current conditions, historic materials and other aspects of the building and provides a narrative description of the property and provides a narrative statement of significance. In addition to the national criteria, Iowa law delegates the authority to create local historic property designations based on far less stringent criteria. In effect, a local government can designate historic properties of any type, size, and shape of contiguous property for any legitimate purpose.Z However, as a participant in the Certified Local Government (CLG) Program, Iowa City has indicated its commitment to follow the requirements of the national CLG as administered by State of Iowa. The CLG Program is described here as follows: 'Through the certification process, local governments make a commitment to historic preservation by passing local legislation and establishing a historic preservation commission. The commission advises the local elected officials on matters related to historic preservation and undertakes special projects in the community.... A local government must provide ongoing support for the program and the historic preservation commission. This support includes assigning a staff member to the commission. The staff member sees that the commission gets clerical assistance, prepares an annual budget and coordinates with other local commissions and agencies. In addition, the commission will need a meeting space and centralized storage space for commission files.... `The focal government also provides financial support for the historic preservation program and commission. This includes a budget for office supplies, postage, telephone, printing, and photography and annual training. While grant programs help local governments defray the expense of historic preservation activities, all require a local commitment in the form of cash and/or in-kind match. The local government is the official applicant for the grant and provides the required match ."3 Local governments in Iowa use the program to revitalize downtowns and stabilize historic neighborhoods by taking advantage of a federal pass-through funding to support local historic preservation efforts along with expert technical assistance. The State Historic Preservation Office administers and provides the guidance on the CLG Program. As part of the CLG agreement, the Historic Preservation Commission reviews all nominations within their jurisdiction and follows the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as administered by the National Park Service in developing and administering their local historic preservation program.4 Therefore, it is generally in the best interest of the city and its commissions to consider applications for local designations that comply with the process of identification, evaluations, and preservation for state and national historic. Similarly, while the local ordinance does not regulate the interiors of buildings locally designated, the process of identification by the State Historic Preservation Office does consider the building interiors. Therefore, it is recommended such procedure be followed even though a local Z IC §414.2 and §303.20 3 Iowa Department of Cultural Affairs website, Certified Local Governments. https://iowaculture.gov/history/preservation/ certified -local -governments ° Mohr, Paula. Program Guide for Iowa's Certified Local Government Program: How to Apply and Maintain Status https://fowaculture.gov/sites/default/files/History%20-%20G ra nts%20-%20Certified%20Local%20GOvern ment%20- %20Grantee%20Handbook%20%28PDF%29.pdf; Secretary of the Interior standards https://www.nps.gov/history/local-law/arch—standards.htm 3 designation would not ultimately regulate that aspect of the property. Doing so preserves not only the integrity of the historic property, but also the ability for a future owner to apply for federal historic preservation tax credits, should the properties later be determined to be historic. A local designation could allow an applicant to apply for state tax credits as well. This project meets preservation and planning goals for the CLG program as well as identification goals called for in Iowa City ordinance and the Historic Preservation Plan, a part of the Iowa City Comprehensive Plan, in particular Goal 1: Identify historic resources significant to Iowa City's past as well as Objective 4 of that pian for the Downtown Planning District, which calls for designation of individually eligible properties as local historic landmarks. Methodology This investigation began with ;, review of previous work and compared those results to initial background work done by or for staff that suggested discrepancies existed between what could be found in 2018 about the properties and what was reported in earlier work. Investigation then proceeded with a review of available literature on the history of the Northside neighborhood of Iowa City. Site inventory forms were obtained from the State Historic Preservation Office as well as an inventory report for Iowa City. In addition to a number of historic preservation surveys for districts in the vicinity of the two subject properties, previous survey work included work by Baxter (1978), Jacobsen (1981), and Svendsen (1999). The Historic Preservation Plan for Iowa City was consulted as well (Svendsen Tyler and Clarion Associates 2008).5 Other works consulted included architectural histories of the United States, state of Iowa, and Iowa City including Gelernter (1999), Gottfried and Jennings (2009), Keyes (1966, 1993), LaFore (1979), McAlester (2018), Plymat (1997), Roth (1993), Shank (1999), Svendsen (1992, 1999), and including scholarly theses and dissertations such as Margaret Keyes' Student Ann Schurtz (1967) and Magnuson (1980). Sources of history of Iowa City and the Northside were consulted as well, including the 1883 History of Johnson County, Aurner (1912), Mansheim (1989), Slonnegar (1999), Svendsen (1992, 1999), and Weber (1976-1979), as well as student project papers, dissertations and thesis work, including Jacobsen (1982), Ellis (1947).6 Other works, such as those available from Annals of Iowa, University of Iowa Libraries Special Collections and general collection, and related websites—lowa Research Online, Iowa Digital Library, and Special Collections finders aids were consulted. Digital collections from the Library of Congress were consulted. Collections from the closed stacks at the State Historical Society proved to be useful. Additional sources are cited when used. Primary sources for research included newspapers from 1880 to 1970, city directories for 1857 through 1970, census data for individuals associated with the properties, maps of the properties, and property information and transfer records for sales through the first sale after 1970. Repositories for these.data sources included the State Historical Society of Iowa, Johnson County Assessor's Office, The University of Iowa Libraries, Iowa City Public Library, Internet Archive, Hathi Trust, Google Books, and Google Scholar, all supplemented as necessary with general web search application. 5 This investigator contributed review and comments on that report. 6 Ellis was an attempt to conduct architectural history, but it is most useful as an art history of Iowa City. 4 A dataset of historic builders and projects compiled from Iowa City newspapers and maintained by Richard Carlson of the Highway Archaeology Program at the Office of the State Archaeologist, University of Iowa was most helpful as were staff at the three libraries and the State Historic Preservation office. This report and its conclusions are solely the work of the author. History of Investigations Following a series of demolitions in the north side neighborhood during the 1960s and 1970s and resulting public concern over the potential for demolition of historic properties, potential or designated, the City of Iowa City undertook a major planning study at that time of the Northside Neighborhood. That effort lead to a sixteen -volume report that covered many topics, including policy shortfalls to control unwanted demolition that were then allowed by then current land use policy. This paper has not examined the resulting land use policy that was directly applied after that report, but it is clear this work had long lasting influence on how historic preservation policy and land use policy progressed from that time. That paper provided recommendations for the properties that are the subject of this report. The historic recommendations were at best a reconnaissance review of the properties examined. Those recommendations were close in time to a number of demolitions that had occurred in the area and understandably were colored by that fact. Further, the alterations to the properties were also much closer in time to those evaluations and not yet 50 years in age.' The recommendation in that assessment, which was a map of presence or absence of historic properties based on exterior appearance alone, was "Not Historic" for 225 N Gilbert Street and "'Historic" for 229 N. Gilbert Street. The 1978 report went on to make land use recommendations and as a result all of Block 58 of the original town plat, the area bounded by Gilbert, Market, Linn, and Bloomington Streets was recommended to be considered for rezoning to commercial, something that subsequently did occur. Four years prior to this the Jacob Wentz House (ISIN 52-01684) was nominated to the National Register of Historic Places (NRHP) and listed in 1974. In 1981, James Jacobsen, working for the City of Iowa City, conducted an in-house survey of the Northside Neighborhood. The site inventory forms completed for 225 N Gilbert Street and 229 N Gilbert Street recorded that both buildings were in good condition and he effectively recommended them eligible for the NRHP. The form used in this in-house effort provided three options for eligibility recommendations that don't directly conform with current procedure, but SHPO has operationalized the 1981 recommendation as "contributing in a historic district" for 225 N Gilbert Street, and "individually eligible for 229 N Gilbert Street. A review of the Iowa Site Inventory for properties in the vicinity of the two subject properties indicates that the 1981 survey has a high level of agreement with the properties eventually nominated to the national register. It should be noted that allowance must be made in reading the site inventory report for a given locality when an earlier consultant recommends a property not individually eligible and a subsequent consultant later is recommends the property is eligible, either individually or as a contributing property in a district. ' The National Register Criteria for Evaluation exclude properties that achieved significance in the pastfifty years unless they are of exceptional importance. Fifty years is a general estimate of the time needed to develop historical perspective and to evaluate significance under the NRHP. 5 Further, the standard for contributing properties is different than that of individual properties and each have their own aspects for how they qualify as historic. A contributing property must retain aspects of setting and context regarding to its relationships to other buildings in the district, while an individually eligible property is less reliant on surrounding properties for its eligibility. In 1998, survey work was undertaken using survey methodology and evaluation methods that conformed broadly with the National Register procedures outlined in National Register Bulletin 15, 16, and 39. This survey work was part of the survey and evaluation of the Original Town Plat, Phase II conducted by Marlys Svendsen in 1998, with the report issued the following year. The recommendations were that both 225 N Gilbert Street and 229 N Gilbert Street were individually eligible for the NRNP. The current evaluation proceeded under this assumption, but sought to review potential changes to the condition of the building since 1998 and to review discrepant information reported among the three earlier forms as well as in- house investigations since. Additional considerations are made today for national register nominations regarding interior condition as well as a much more thorough review of the history of the building to examine all four eligibility criteria.} Further, the alterations to 225 N Gilbert Street were not yet 50 years old at the time of the previous three investigations but are today. Land Use History The original town plat for Iowa City was under an approval, in 1839, by the territorial legislature for the location of a permanent capitol of the Iowa Territory.9 Survey, mapping, and sales of the first lots followed that same year. Blocks were laid out in a regular grid oriented to the cardinal directions. Blocks measuring 320 feet square were divided into eight lots, each lot measuring a generous 150 feet by 80 feet. The alleys were 20 feet wide and ran east to west through each block.10 Many of those lots were later subdivided to allow higher density. In 1847, Jacob Wentz, a German immigrant, had a building built at the south end of Lot 1, Block 58 facing Gilbert Street (Figure 1).11 This is the National Register listed building at 219 N Gilbert Street, otherwise known as the Wentz -Stash House. This set the orientation for the remaining two houses on the lot when the lot was eventually subdivided at two later Figure 1. The Wentz -Stack House, 219 N Gilbert Street on A. Rutger, Bird's Eye View of Iowa City, Johnson Co., Iowa. Arrow faces north. Chicago Lithograph. Co. 1868. s However intensive archaeological evaluation for this report was beyond the scope of this report. 9 Keyes, 1993. to L Judson, Map of Iowa City Situated in Township 79N. R. 6 W. of the 5`F Prime Meridian, 1839. 11 Lafore, 1974. 0 dates. The later houses, in order of construction, are 229 N Gilbert Street and 225 N Gilbert Street (Figure 2). Property transfer records indicate the parcel then passed through a number of hands but most of the owners were affiliated with the nearby and growing brewing industry along the south side of the block on Market Street (Table 1, Appendix A). it appears they sought out property to either expand into or otherwise invest in. In 1897, Clara and Chris Hohenschuh contracted with Jacob J. Hotz to build the house at 229 N Gilbert Street, subdividing Lot 1, Block 58 to create the parcel for the building on the northern third of the lot. This location was across the street from 818 E Bloomington Street, the former location of the second Frank and Theresa Hohenschuh family residence where Chris grew up, and due north of the location of the Great Western Brewery, where Clara's father worked, was located at the northwest corner of Market Street and Gilbert Street. For reasons of Chris' health, the family relocated temporarily to Denver but retained ownership of the house. When they returned they built a new house on the middle parcel of Lot 1. The parcel was obtained from Nanna G. Wieder, who had owned the south 85 feet of Lot 1, Block 58 at the time. This property acquisition would be the final subdivision of the lot. At various points, quit claim deeds indicate corrections and clarification of who owned which parts of Lot 1 and small sections of adjoining Lot 2. In 1904, Figure 2. The subject Properties in relation to Lot 1, Block 58 Original Town Plat. Arrow faces north. Johnson County Assessor. The Hohenschuhs hired Charles Mentzer to build the new house at 225 N Gilbert Street where they resided until Chris' death in 1918. In 1911, Chris bought the Jacob Wentz house from "William Englert and Wife" and used it for rental property. Following Chris' death in 1918, Clara returned to 229 N Gilbert Street. She appears to have rented 225 N Gilbert Street and 219 N Gilbert Street from that point until she sold the property to her daughter Mary. She then moved to Muscatine with Loretta, her other daughter, and her son-in-law Guy O. Hoover. Statement of Historic Contexts Initial contexts were reviewed from the Multiple Property Document form Historic Resources of Iowa City, Iowa (ISIN 52-028).i2Four contexts were found to be applicable to this study: Railroad Era (1856-1900) Town & Gown Era (1900-1940) The Development of the University of Iowa (1855-1940) Iowa City Neighborhoods: Town and Country (1840-1940) These contexts are described in full at the source and will not be repeated here. In addition to contexts detailed in the Iowa City MPD, the following two further contexts have been developed: Iowa City Northside Nineteenth Century Immigrant Communities (1840-1900) Building Construction and Design Industry of Iowa City (1840-1960) 12 5vendsen,1992. 7 Iowa City Northside Nineteenth Century Immigrant Communities (1840-1900 This study found numerous associations among residents and owners of the buildings with the immigrant communities of Iowa City in the nineteenth century. Iowa City once had a remarkable first and second generation German and Czech ethnic immigrant community located in the Northside that was noted for its sense of distinctiveness and sense of community, if not absolute size of the total population compared to other locations in Iowa. For the purposes of this context, ethnicity is defined as: The fact or state of belonging to a social group that has a common national or cultural tradition. Culture is defined here as: ideas, customs, and social behavior of a particular group or society. Society has three possible meanings in use in this study: 1) A group of individuals involved in persistent interaction and sharing the same geographical space; 2) of or belonging to a particular social group, such as a club or organization; or 3) high level status in a community. A general sense of the past foreign language speaking immigrant communities has remained within the common knowledge of Iowa City residents due to place names that convey this sense of history. St. Wenceslas, for example, immediately calls attention to the Bohemian (Czech) immigrants to Iowa City. A considerable amount of credit, however, necessarily goes to local historic preservation efforts from local historians, such as Irving Weber and Mary Beth Slonnegar, as well as the county histories that lauded new comers who came to the area .13 Recent scholarly and popular presentations have called attention to nineteenth century immigrant communities and the German American community in particular with regard to prohibition .14 Historic preservation efforts have called attention to immigrant aspects of Iowa City history since the 1970s. In her historic structures inventory for the 1977 Northside Neighborhood report, Elaine Baxter called attention to buildings as a record of the way of life of immigrants.'-' Baxter also called attention to the European immigrants from Britain, but of particular interest here are those who emigrated from Germany, Ireland, and Bohemia (today's Czech Republic). The Irish in Iowa City apparently spoke English rather than Gaelic for the majority and therefore are less of a distinct ethnicity as a result.15 Predicting the current interest in German immigrants in particular, Baxter discussed the prominence of German American run breweries on Market Street in shaping the Northside Neighborhood. This is somewhat remarkable as even today many tend to shy away from issues of discriminatory treatment toward immigrants, even those from Europe, and especially those events surrounding state prohibition of alcoholic beverages coming to open conflict in 1884.17 Following Baxter's study, a University of Iowa Urban and Regional Planning student first undertook a systematic historical survey of the Northside as part of the City of Iowa City's inventory efforts for historic properties in the Northside Neighborhood."$ He next took on a large and systematic comparison of federal census data to reveal aspects of residential patterns related to the three primary ethnic groups of Iowa 13 Aurner, 1912; 1883 County History. 14 Hennigan, 2014; Ehrstine, 2016; Ehrstine and Gibbs, 2019. is Baxter, 1978. 16 Pfeifer, 2017. 17 Ehrstine, 2016; Ehrstine and Gibbs 2019; Hennigan, 2014. 18 Jacobsen, 1981 8 City.19 The findings of that paper can be found wanting at times and certainly a re-examination of the findings and follow-up of the recommendations of that work is in order. For instance, despite the location of the St. Wenceslas, CSPS Hall, and the Sleazak Hall (later Holub Hall and apartments), being located west of North Dodge Street, conventional wisdom places Goosetown firmly east of that street. That notion Is not upheld in the data that Jacobsen used. In fact, Czech Americans, German Americans, and American born people actually can be found throughout the Northside, suggesting the Northside enclave of Czech immigrants was more of perception than fact. Jacobsen's data were probably less demonstrative of a northeast. Iowa City enclave than he chose to interpret, though Tank Town or Deweyville did interestingly seem to be a preferred place for some Czech Americans to live as well as American born people. But as with the entire north side of Iowa City, American born residents always were in the majority Iowa City. While Jacobsen reported a "peninsula" of higher densities of Czechs extending toward Sleazak hall/Holub Hall on Bloomington Street (the current location of Pagliai's Pizza), the differences between "high density" areas and other areas was a matter of single digit percentages in difference from lower density areas. There were similarly reported high densities of German and American Born Citizens. Again, American born residents lived throughout the areas identified as potential "enclaves" in that work. This was a graduate student paper, and not a thesis as sometimes reported. All due credit is given for a difficult and complex study taken at a time when the data had to be entered onto punch cards as well as later interpreted. Still, working with others, Jacobsen was able to identify some illuminating facts, especially with regard to general population statistics, occupations held by the various ethnicities of Iowa City, and rates of home ownership among the four largest population groups. From 1880-1900, the Northside population grew by —Total Iowa City First Generation Immigrant First and Second Generation Figure 3. Iowa City total population over time compared to Immigrant population, as reported in Jacobsen 1982 19 Jacobsen, 1982 20 Jacobsen, 1982. 21 Ehrstine, 2019 22 Jacobsen, 1982. close to 50% and more than 61% of immigrant residents lived in this section of town while housing units increased just 7% over a similar time period2°. This was during the peak years of immigration to Iowa, which occurred in 1890.21 Jacobsen calculated the peak dates in Iowa City to be 1880 for Irish immigrants, 1885 for Germans, and 1895 for Czechs.22 In 1895, the first and second generation 0 immigrant population peaked at 63% of Iowa City population. The population of Iowa City was 7,526 in 1895.23 Jacobsen also found that Iowa City first and second generation immigrants population was approaching 50% of the total population in the period of 1890 to 1905 (Figure 3). This total primarily includes people of German, Czech, and to a lesser extent Irish ancestry. This is remarkable for any immigrant community in Iowa at any point in time and provides a deeper understanding for the potential for cohesiveness among immigrant groups but also conflicts with the American born population. For the years 1880 to 1900, American born individuals lead the number of professional occupations and mercantile based on percentage of their subgroup, while 48% of working Germans tended to be skilled artisans and another 26% were involved in mercantile in 1880 with similar numbers in 1900.24 Czechs similarly had a high percentage of skilled artisans, 38% in 1880, but remarkably 51% were involved in labor jobs. The numbers again were similar in 1900. A further illuminating discovery was that Germans as well as Czechs were more likely to own their homes while only 20% of American born residents owned property and more than 44% rented, which has broad implications for potential resentment that was expressed toward immigrants in the last quarter of the nineteenth century. Jacobsen also reported a high likelihood for assimilation to be slow with German and Czech children being more likely to marry within their ethnic groups, which could exacerbate these differences and goes some length to explaining the success of the foreign language press in Iowa City. Along with ethnicity, a strong feeling of the Northside community is the common Catholic religion shared by the top three immigrant communities to Iowa City. The shared religion, and indeed for many years, shared church, put the three immigrant groups on a common footing and encouraged interaction to some degree. Some attribute the rapid growth of the immigrant community in Iowa City to a call put out by Bishop Loras in newspapers in Germany, Austria, and Ireland, to move to his Bishopric.'-' Since the Austrian Empire (1804-1867) made German a common, probably even compulsory, language for government and education in its Bohemian territory, the Loras announcements could have reached all three Iowa City immigrant groups in their countries of origin. Indeed, German was later compulsory for the Austro-Hungarian Empire so the likelihood that many Czech immigrants could at least read German is high.2e The origins of St. Mary's Parish in Iowa City began with Father Mazzuchelli, who came to Iowa City in 1840 just a year after its founding, and purchased two lots in one of the several church reserves set out by the Iowa territorial legislature. The first St. Mary's church that was constructed on these lots was begun in 1841.27 Growth of the Catholic population was slow, however. Since the number of church members determines how many churches are built in a community, the catholic population was too small to create 23 Jacobsen, 1982 24 Jacobsen 1982. 25 Pfeifer 2017. 26 Hone 2010. 27 Bowers, 1980. 10 separate parishes for each immigrant group with three separate churches .28 A single church would have to suffice. rigure 4. svortnsiae immigrant communities map. seieci cuiturat reatures ovenam on usan banoom Index map, partially based on Jacobsen 1992. Regardless, there also was conflict within the church. The Irish didn't agree with the liturgy of the Germans for theological reasons and eventually the Germans and Czechs built a separate church at the corner of Brown and Johnson Streets, naming this church St. Francis Xavier after the cleric who encouraged the separation of the cultural groups due to differences in worship.�9 Eventually the Czechs left this church as well. The reasons for this separation are likely rooted in the antagonistic relationship that first generation Czech immigrants would have had toward Germans and German Language services resulting from cultural conflict in Europe.30 Suffice it to say the ruling Germanic Habsburg family sought policies that streamlined the administration of the empire, but suppressed Czech cultural traditions. This in turn led to reprisal with a rise in Czech nationalism that may well have echoed in Iowa City. The strong sense of otherness the Czech population had and choices to cluster, even if loosely, to the east of Dodge Street, may have been a result. The current St. Mary's was built in 1867, and the high alter was built with statues of St. Patrick, Patron Saint of Ireland, and St. Boniface, Patron saint of Germany, brewers, and tailors. There was similarfigure for the Czech parishioners on the high alter.31 This didn't do much to solve differences and meanwhile the 28 Pfeifer, 2017. 29 Pfeifer, 2017. 30 Hone 2010. 31 Bowers, 1980. 11 population of Iowa City, including parishioners, was growing. During the last third of the nineteenth century the ethnic groups were formally separated with the Irish St. Patrick's church being constructed in the near south side in 1879 and the Czech St. Wenceslas in constructed in Goosetown in 1893.32 Despite that, and in contrast to the Jacobsen report, this study has found there are indications at least some second and third generation immigrants were not as likely to be as fervently separate in relations across ethnicities and, as was demonstrated in the results of this study as well, cultural assimilation potentially was the rule rather than the exception in Iowa City. Some researchers have found German immigrant groups in particular were separated by religion and place of origin and likely kept to themselves in terms of immigrating to different communities, such as Swabians in Burlington, Holstein -Schleswig in Davenport, or Jewish Germans in Keokuk.33 Iowa City seems to be different in this aspect. Census data indicate a broad group of Germans moved to Iowa City and had different faiths. It goes without saying that there were also immigrant Jewish and Protestant residents in the Northside. While there was no house of worship for Jewish people until 1916 and even then, that building was constructed in the near south side. In contrast the German Lutherans had their own church, located at Market and Dubuque streets and there was a German Methodist Episcopal church as well. For the protestant Czech Americans, there was a Czech Congregational chapel (Figure 4). Local proprietor, J.G. Fink, who owned Fink's Bizarre, was a Zion Lutheran. This is interesting because it was he who stocked the foreign language papers published in Iowa City and these papers feature prominently in the immigrant experience of Iowa.34 After Fink died, Henry Weineke managed the store for Fink's widow, but continued to sell foreign language papers. The foreign language papers truly only ended with the Babel Act in 1918 that outlawed their publication, suggesting assimilation was a slow process. Given other factors, such as the desire to teach their children in German and the commonalities of the German social hall and the Sunday afternoon gatherings popular among German Americans, it seems these groups probably knew each other fairly well even if they did not worship together. 35 Certainly immigrant groups voted together, especially each time the topic of prohibition came up in the state legislature. Both the 1860 elections and the elections through the 1880s to 1890s were influenced by German Americans voting as Democrats in response to legislative policy to prohibit alcoholic beverages.36 Presumably, the commonalities of socialization habits and common language helped solidify these voting blocs. Most importantly, the common language and culture appears to have transcended religion, which was not a barrier to interaction. In contrast to the narrative of the Catholic Church as grower of populations, others have demonstrated that the State of Iowa 32 Pfiefer, 2017. 33 Research cited at Ehrstine, n.d. 34 Ehrstine, 2016 35 Ehrstine 2016. 36 Emry 1940; Jensen 2008. 12 Figure 4. A social gathering in the Northside. J. Hotz, L. Englert, J. Holub, and Friends. Hotz, 2002 was likely responsible for the growth of the immigrant population of Iowa in the late nineteenth century. The immigrant population of Iowa City peaked during the height of state efforts to encourage immigrants to move to Iowa 37 The publication Iowa: Home for Immigrants was published in several European countries in native languages.3BThere were Iowa agents stationed in several of the countries to help immigrants make their way to Iowa to settle .39 Iowa City had three German language newspapers and one Czech language paper. Both groups had a social hall in the Northside as well as their religious buildings. The unity of Czech immigrants is well established in Iowa City by other historians.40 A key factor in maintenance of German unity in Iowa City was the social habits of this ethnic group. Germans tended to gather on Sunday afternoons with family, friends, and neighbors to socially drink beer and discuss politics, goings on, and make arrangements.41 American born citizens in favor of temperance appear to have viewed the weekly social gatherings over beer with a jaundiced eye. The goals of the Temperance movement struck not just at the economic heart of the German American community by curtailing brewery sales, but also the societal and cultural aspects. It is hard to look at this as absent of cultural animus, given the tendency of the immigrant groups, especially the German Americans and Czech Americans, to maintain a foreign language as well as being more successful in terms of home ownership, a population that was approaching a majority of Iowa City residents, and forming a unified presence at election time, at least among the German Americans. What this research has found supports much of what Jacobsen reported, but contradicts other aspects. The residents of 225 N Gilbert Street and 229 N Gilbert Street were certainly second generation immigrants. Some of the residents of the two properties, namely the Hohenschu hs second and third generations, did intermarry between Czech and German communities, in contrast to other resident - owners of the subject properties—the Hervert and Keating families. The Hohenschuhs appear to have assimilated within the second generation, which contrasts with Jacobsen's findings. William advertised in the English papers as did Christian, but both remained involved in social functions of the Church. Christian and Clara further chose not only one of the more experienced building companies for their first house, but also chose the company run by a second generation German immigrant. Christian Hohenschuh, a member of St. Mary's, also appears in events showing ties across ethnicity with his wife and in-laws by marching in the procession to lay the cornerstone at St. Wenceslaus. Building Construction and Design Industry of Iowa City (1840-1960) This current research identified associations with aspects of the local building and design industry of Iowa City. These associations are part the finding of eligibility for Criteria A of both subject properties. Builders in the initial period (ca. 1840-1860) in Iowa City were predominantly whoever was available. They built in the traditional styles that were primarily learned in the eastern half of the United States before coming west °2 The styles were necessarily in the vernacular of whoever was doing the construction. Design 37 Erhstine and Gibbs, 2019; Jacobsen 1982. 38 Iowa Board of Immigration 1870. 39 Ehrstine, 2016. QJacobsen 1982, Slonnegar 1999, Webber 1976 41 Ehrstine, 2016. 42 Shank, 1999, p.2. 13 choices were pragmatic and not heavily influenced by artistic pursuits. Therefore, Iowa City design styles largely originated elsewhere and followed the trends of the rest of the United States.43 Many initial buildings were cabins, which were constructed in this first half of this time period and occasionally remnants of these buildings have been found in other buildings. Cabins have little in the way of a definable style, though different types are found regionally. Of the buildings with stylistic intent, the designs were simple in Iowa City, following much less elaborate versions of late Colonial styles, such as Federal style, and as this suggests, though simple they were of a recognizable style and not. The surviving stock of buildings was constructed in brick or stone. Wood clad buildings are known to have existed, but did not survive to be recorded in detail. More likely than not, early Iowa City carpenters and masons had learned their trade from other carpenters or masons, usually in the East. Things then began to change. As carpenters became established and the second generation took over, the middle phase of Iowa building design (ca. 1860-1960) was completed by designer -builders largely following pattern books but working out solutions as needed. Most designer -builders worked their way up in their respective trades, usually as a carpenter but sometimes as masons, picking up design skills through repetition. They have been termed in some sources as builder -architects."` A designer -builder often had drafting skills or hired someone with those skills and could provide design solutions unique to each client. However, this group of skilled workers also had a large body of design advice they could follow for exterior and interior design as well as technical advice on methods of construction and products. The initial period of carpenters working in the vernacular of oral tradition gave way to the paper world of the picturesque movement, which spread across the United States by treatise books on architectural theory and practice. In this genera, there are the ancient treatises, such as those by Vitruvius or Renaissance and Early Modern writings of Palladio and Wren. John Ruskin published The Seven Lamps of Architecture in 1849. The treatises included drawings of sample building elements and suggested how they should be used. Eventually complete floor plans and elevations would be published. Th'e American Architect and Building News began publication in 1869. In 1885, the publication Scientific American Architects and Builders began. In 1887, the Palliser Brothers published New Cottage Homes. The first George F. Barber plans became available in 1888. In 1895, The American Homes Magazine began to publish designs. Builders could work off of the rough outlines in the publication or they could purchase full sets of blueprints. They could also mix and match part of plans to fit their clients' needs or follow their own inspiration. It is not clear pattern book sources ever sold materials; however, it appears that some form of centralized material manufacture was going on, due to the common elements of these houses across the United States a3 For example, the Lindsay House at 935 E College Street appears with identical materials in Calvert, Texas 46 Indeed, by 1903, a firm was in business in Chicago selling wholesale doors, sashes, blinds, mouldings, stairs, art glass, mantles and so on."' With rail access, Iowa City was well positioned to bring in pre -made materials 48 At the same time, local millwork was available to builders. Iowa City had at least 43 Keyes, 1966. 44 Shank, 1999, p. 2; Reiff, 2000. 45 Plymatt, 1997. 46 Walker, 2002. 47 Reiff, 2000. 48 Johnson,1978. 14 two planing mills to make trim, mouldings, and other millwork locally. These mills were operated by Sheets & Company and John Metzinger.49 While local saw mills had long since stopped to be a major source of materials, raw dimensional lumber to feed the local millwork makers could be sourced in Muscatine, especially, but also Clinton and Dubuque.50 In addition to factory work, Charles Mentzer, the designer -builder of 225 N Gilbert Street, is known to have built his own doors and sashes.51 It is possible others did this as well, but the newspapers felt it notable enough to comment on. Planing mills also existed in Dubuque and some materials could have reached Iowa City from there by road, though the bulk shipment by rail or locally made goods are more likely to have dominated the market. In the twentieth century, designs and ideas spread through new publications, such as the Ladies Home Journal, House Beautiful, Low Cost Suburban Homes (1926), Homes of Character (1923), Planning the Little House (1939). Local papers ran articles on updating and modernizing homes. These publications often provided ideas for "updating" existing houses to contemporary design trends as well as new construction ideas, while the full-service mail order catalog housing companies began to make not just plans but entire houses for order. Sears may have had the widest popularity, utilizing their famous shipping program to distribute entire houses, piece by piece, by rail but Gordon Van Tine of Davenport and Aladdin of Bay City, Michigan were others. A number of houses have been identified within the Northside of Iowa City that were designed and kitted from the Gordon Van Tine Company.52 From the late nineteenth century through the twentieth century, but especially after 1927, the third phase began with some design work being performed by licensed architects .53 This phase overlapped the second phase and both continue to the present. Government buildings in particular, but several commercial buildings and a few residences were early commissioned works from trained architects who either had apprenticed or attended design school. In 1927, architectural licensure began in Iowa. The first formally trained architect in Iowa City was O.H. Carpenters` Others who are considered early architects include designer -builders Sheets & Freyder, Bernard A. Wickham, John W. Metzinger, and George F. Kranz.55A number of builders in Iowa City also listed services as an architect, which until 1927 was an unregulated term despite the fact the first formal school of architecture was founded at MIT in 1868. Initially much of the work in the state of Iowa came from out of state architects.56 For example, the territorial state house was designed by John F. Rague of Illinois and the current Johnson County Courthouse was designed by the Michigan firm Rush, Bowman & Rush. As a whole, the bulk of historic architect designed buildings in Iowa City occurred on the campus of the University of Iowa. Much of that work was from Proudfoot and various associates in Des Moines, Iowa. It was not until the first third of the twentieth century that the university had its own architect and even 49 Magnson, 1980; Svendsen, 1999 so Johnson, 1978. si Iowa City Republican, April 13, 1903, for house of Will Mathews. 52 Svendsen 1999. 53 Shank, 1999. 54 Carlson and Ingalls, 2015 55 Carlson and Ingalls, 2015 56 Shank 1999, p3. 15 then much work was supplied by architects from elsewhere in the states' However, the bulk of surviving work still appears to have been completed by designer -builder firms.58 Identifying all possible contractors in Iowa City would be an enormous task. However, some work toward this has already been completed. Nearly fifty contractors have been identified to date from newspaper articles in the period of 1897 to 1917.59 Among the top contractors in this time period were Jacob J. Hotz, B.A. Wickham, Sheets & Freyder, J.H. Huntzinger, Boarts & Bright, F.X. Freyder, A. Drews, Siever and Swanser, and Charles Burger. A few projects are attributable to Rawson & Son. For many city directories, there are roughly a half dozen contracting firms listed for those years. During the Second World War there were just a handful of builders in Iowa City. Smith and Burger and Wagner Builders were the main competition with Herbert Miller and Frederick Miller as the only others advertising general contractors.60 Eight carpenters were listed in 1942 and years surrounding. Further research could be carried out that builds upon the work of Magnuson with the history of contractor and millwork manufacturers, Sheets and Company.61 Her listing of contractors and carpenters found in city directories is a solid start in that direction and more could be done there. Further work should also tabulate carpenters in the federal and state census as well. An ancillary project would be to find the earliest or last dates of various trades, such as masons, wrights, concrete contractors, plumbers, and electricians. Results The basis for these results is provided in Appendix A: Iowa Site Inventory Forms. Readers are encouraged to delve deeper into the extensive results of this survey there. 225 N Gilbert Street. The Hohenschuh-Hervert house at 225 N Gilbert Street (ISIN 52-03267. The building was home to many individuals over the years and many of them worked in the downtown or for the University of Iowa and lived in the Northside neighborhood. However the primary significance is derived from the associations with second generation immigrants who had the house built and for the significant, historically contributing, alterations made by a member of the design -build carpentry industry in Iowa City whose skills and tastes were influenced by those he worked for. Christian and Clara Dostal Hohenschuh were prominent individuals in Iowa City society who were part of the Northside and Business districts of Iowa City. The building derives significance in the form of patterns of history from their association with them. Their tastes and preferences are reflected in the historic fabric of their home. The location of the store where Chris worked was in the heart of the growing city and he had many opportunities to be seen and converse with the people of the town and campus as a result. Similarly, Clara had been the subject of the society news columns in the newspapers from her later teenage years going forward. There were many notices discussing her recitals and later visits back to Iowa City to see Kate Hohenschuh. Additionally there were frequent news updates on Chris' health, the many 57 Scott and Lehnertz, 2006. 58 Svendsen, 1992,1999; Shurtz,1967; Keyes, 1966, 1993. 59 Carlson, 2018. 60 City Directories 61 Magnuson 1980 16 trips for vacation or visits to the John P. Dostal family in Denver, the notices when the Dostals returned for visits to Iowa City and the prominence in society of Christian's father and brother and Clara's father. Their visibility in the historic record indicates Chris and Clara were well known in town. Additionally, Chris and Clara were part of a well-established social network that existed with Northside immigrant families. The Hohenschuhs picked a busy and socially recognized carpenterto build their second house. Charles Mentzer was recorded in the local press as a skilled mechanic. Local history also records him as a charter member of the City of Hills, Iowa. Frank Henry Hervert was a carpenter who worked for two prolific construction businesses in Iowa City. Given the stylistic choices of changes made to 225 N Gilbert Street, that they appear to have been in the middle of the 201h century, it is likely he made the alterations. His tastes and preferences were shaped by his experiences as a carpenter working for building firms in the first half of the twentieth century in Iowa City. Those firms concentrated on contemporary tastes and construction methods that focused on modernity and as a result, salvage inevitably would become available. It appears Frank was able to make use of at least some of those materials. As a result, the house is a good example of historic modernization techniques (changes in doorways, additions of aluminum awnings) common to the period from the first third to middle of the twentieth century (1930-1960) but also represents the tradition of architectural salvage in Iowa City. 229 N Gilbert Street. The Christian and Clara Dostal Hohenschuh House at 229 N Gilbert Street (ISIN 52- 03268). As second generation immigrants, Christian and Clara Hohenschuh were part of the Northside Neighborhood immigrant communities. Christian was a German Catholic and Clara's family were Czech Catholics. Their daughter Mary also married a member of the Northside Czech American community while daughter Loretta married an American born man from Cedar Rapids. Chris and Clara were frequently subjects of the society columns and other items in the newspaper. Chris worked in the St. James Hotel on Clinton Street. They entertained visitors to their home and appear to have been well known and well liked. Both the Hohenschuh and Dostal families appear to have been fairly wealthy. Chris grew up in a merchant's home across the street from his adult home at 229 N Gilbert Street and Clara was the daughter of skilled artisan and merchant in the Brewery business. Clara and Chris had held other property prior to purchasing the north third of Lot 1, Block 58 in 1898 when they hired the firm of Jacob J. Hotz, a well known and successful carpenter who turned business man, to construct a house at what is now 229 N Gilbert Street. Hotz, who was invested in numerous businesses as well as being an Alderman and County Clerk also circulated in the Northside German Immigrant Community. Though he was from New York, he was a second generation German American like many residents of the Northside. His family had immigrated from Germany before he was born. It Is lijkely that his influence helped to get the house published with several other buildings built by Hotz's company around 1898 in a promotial publication touting the virtues of Iowa City businesses. Following an early retirement due to Chris' health, the Hohenschuhs left their home for Denver. When they returned they built a second home adjacent to their first home, but one that was all on one level. When Chris died in the Influenza outbreak of 1918, Clara returned to 229 N Gilbert Street and lived there with Mary for many years. She eventually sold the house to Mary, who fairly quickly divested of it to a 17 long term tenant, Mary Keating, who was a second generation Irish Immigrant, prominent in the history of the Veterans Administration Hospital. Discussion In considering the two properties, the potential for them to be linked as a multiple property was considered. This was due to the treatment as such in previous site forms as well as in popular histories, such as the Irving Weber article on the history of the Jacob Wentz house .62 However, despite the linkage of families across the three properties, the Wentz house is already listed individually and there are other potential associations within the vicinity, such as the Hervert properties, which at one point were located at 402 E Market Street and 204 N Gilbert Street, at the south end of the opposite side of the street. Therefore there is potential for a historic district or other multiple property nomination of undetermined size in this general area. Recommendations Full discussion and rational for these results in provided in Appendix A: Site Inventory Forms. 225 N Gilbert Street. The Hohenschuh-Hervert house at 225 N Gilbert Street (ISIN 52-03267) retains historic integrity and possess historic significance. It derives significance from association with patterns of events and trends in local history including second generation immigrant families in the Northside of Iowa City and the local tradition of architectural salvage and reuse, meeting Criterion A. Associations are also present with events surrounding the Spanish Flu Pandemic of 1918. The building represents two distinct periods of time in construction trends in Iowa City, Iowa, and despite historic alterations, now serves as a well-preserved example of local designer -builder craftsmanship, especially for architectural salvage and remodeling work, meeting Criterion C. 229 N Gilbert Street. The Christian and Clara Dostal Hohenschuh House at 229 N Gilbert Street (ISIN 52-03268) retains historic integrity and possess historic significance under Criteria A for association with events related to broad patterns of our history. At this time it is not possible to make a recommendation regarding Criteria C for a historic building that embodies the distinctive characteristics of a type and period but it is thought the building has potential to be eligible under Criteria C. At such point as the synthetic siding is removed, this property could be re-evaluated for eligibility under Criteria C. At this time only Criteria A can be recommended, despite the very good condition of the interior. General Recommendations The Historic Preservation Commission should next make determinations for each property as to individual eligibility and decide whether to recommend one or both for local landmarks, for a local district and also whether or not to pursue listing on the National Register. Local protection at the landmark level will open 62 Iowa City Press Citizen, lune 7, 1986. 18 state tax credits, but not federal tax credits for use on preserving the properties, ideally as single family housing. The commission could approve of the recommendations of this report and adopt it as their recommendations to Planning and Zoning and ultimately City Council. The commission might seek a reassessment of this report for specific reasons, for example, to wait on these recommendations until a district is fully explored. The commission may also reject the findings of the report in making their determination. If the Historic Preservation Commission feels the properties are not eligible individually, the concept of a multiple property nomination could be revisited. Given the preference for City Council to prefer land owner approval prior to historic designations, a review of current views of landowners in the area would be necessary. Consideration should also be made for the changing economic factors of the potential district, given Mercy Hospital has been divesting of housing surrounding their campus. Should the Historic Preservation Commission determine the buildings to be eligible, a building maintenance and preservation plan should be developed that follows the Secretary of the Interior's Standards for Rehabilitation. Retention of character defining aspects of the buildings should be retained, including built-in cabinetry, millwork, flooring and so on. However it is noted that these guidelines generally do not require strict preservation of materials and fixtures in lavatories, bathing areas, and food preparation areas. Additionally, archaeological features or sites may be present, but currently are not known. Attempts to find the date of sewer construction and residential sewer taps were unsuccessful, so a firm date for indoor plumbing couldn't be established. Archaeological features might include privies and cisterns and evidence of building construction from earlier periods. Extensive ground disturbance should take this into account and appropriate investigations be made in the event of extensive ground disturbance. 19 Bibliography History of Johnson County, Iowa, Containing a History of the County, and its Townships, Cities and Villages from 1836 to 1882. Iowa City: The Publishers, 1883. The Commercial Magazine. Chicago, III: Levytype Co, 1898. Aurner, Clarence Ray. Leading Events in Johnson County, Iowa, History. Cedar Rapids, IA: Western Historical Press, 1912. Baxter, Elaine. Historic Structures Inventory, report no. 4 in Douglass Lee et al., Northside Neighborhood Preservations Study, HUD Innovative Projects Grant. Iowa City: Department of Community Development, City of Iowa City, 1978. Bowers, M. St. Mary's Church and Rectory Nomination Form, 1979. Carlson, Richard Database of houses, architects and contractors who worked in Iowa City, Iowa, 1897- 1916, compiled from newspapers. Richard Carlson, Highway Archaeology Program, University of Iowa, 2018. Carlson, Richard and Marlin Ingalls. Phase I Intensive Historic Architectural Survey of the Sabin School and Southside Iowa City Neighborhood, Johnson County, Iowa. Technical Report 121. Iowa City: Office of the State Archaeologist, University of Iowa, 2015. Ehrstine, Glenn. Beer Politics in Iowa. Hawkeye Lunch & Learn lecture, 2016. https://www.youtube. com/watch?v=Xo2vXblB2Bc Germans in Iowa and the Global Midwest Exhibit, n.d. http://germansiniowa.lib.uiowa.edu/exhibits. Ehrstine, Glenn and Lucas Gibbs. Iowa's Prohibition Plague: Joseph Eiboeck's Account of the Battle over Prohibition, 1846-1900. Annals of Iowa, vol. 78, 2019. Ellis, Edwin. Certain Stylistic Trends in Architecture in Iowa City. MA (Master of Arts) thesis, State University of Iowa, 1947. https:Hdoi.org/10,17077/etd.g0lzekt2 Emery, Charles. The Iowa Germans in the Election of 1860. The Annals of Iowa, vol. 22. 1940. https://doi.org/10.17077/0003-4827.6108 Gelernter, Mark. A History of American Architecture: Buildings in Their Cultural and Technological Context. Hanover: University Press of New England, 1999. Gottfried, Herbert and Jan Jennings. American Vernacular Buildings and Interiors: 1870-1960. New York: W.W. Norton, 2009. Hennigan, Gregg. Beer Riots of 1884 brought 'Violence and Bloosdhed' to Iowa City. The Gazette, Aug. 10, 2014. https://www.thegazette.com/subject/life/beer-riots-of-1884-brought-violence-and- bloodshed-to-iowa-city-20140810 Hone, C. Brandon, Smoldering Embers: Czech -German Cultural Competition, 1848-1948, MA (Master of Arts) Thesis, University of Utah, 2010. https://digitaicommons.usu.edu/etd/666 Hotz, Jack. The Hotz Family of Iowa City, 2002. www.oocities.org/hotzic/index.html. Iowa Board of Immigration. Iowa: The Home forImmigrants. Des Moines: Mills & Co. 1870. https://babel. hathitrust.org/cgi/pt?id=nyp.33433081920039;view=lup;seq=7 Jacobsen, James. National Northside Neighborhood: Iowa City, Iowa. Seven volumes. Division of Historic Preservation, Iowa City, Iowa, [1981?] The Use of Computer-assisted Census Data Analysis In the Study of Historic Ethnicity and Assimilation; The North Side Neighborhood of Iowa City, Iowa 1880-1900. Sectoral Paper 20 Submitted In Partial Fulfillment of the Requirements for the M.A. Degree in Urban and Regional Planning, University of Iowa, Iowa City, Iowa, 1982. Jensen, Richard. Iowa: Wet or Dry? Iowa History Reader. Iowa City: University of Iowa Press. 2008. Johnson, Keach. Iowa's Industrial Roots, 1890-1910. The Annals of Iowa 44, 163-190, 1978. https:Hdoi.org/10.17077/0003-4827.11351 Keyes, Margaret. Nineteenth Century Home Architecture of Iowa City. Iowa City: University of Iowa Press, 1993. Nineteenth Century Home Architecture of Iowa City. PhD (Doctorate of Philosophy) dissertation, Florida State University, 1966. Lafore, Laurence. Jacob Wentz House National Register Form, 1974. American Classic. Iowa City: Iowa State Historical Department, Division of the State Historical Society, 1979. Magnuson, Linda Wescott. Sheets and Company: an Iowa City builder/architect Firm, 1870-1905. MA (Master of Arts) thesis, University of Iowa, 1980. https:Hdol.org/10.17077/etd.xsel2k8z Mansheim, Gerald. Iowa City: an Illustrated History. Iowa City: Friends of History Preservation, 1989. McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2018. Pfeifer, Michael. The Making of a Midwestern Catholicism: Identities, Ethnicity, and Catholic Culture in Iowa City, 1840-1940, pp 290-315 in The Annals of Iowa vol. 76.2017. https:Hdoi.org/.10 17077/0003-4827.12402 Plymatt, William, Jr. Victorian Architecture of Iowa. Des Moines: Palladian Publishing, 1997. Reiff, Daniel. Houses from Books—Treatises, Pattern Books, and Catalogs in American Architecture, 1738- 1950: A History and Guide, Unlversity Park: Pennsylvania State Universtiy Press. 2000. Roth, Leland. Understanding Architecture: Its Elements, History, and Meaning. Boulder, CO: Westview Press, 1993. Scott, John Beldon and Rodney Lehnertz. The University of Iowa Guide to Campus Architecture, Iowa City: University of Iowa Press, 2006. Shank, Wesley. Iowa's Historic Architects: A Biographical Dictionary. Iowa City: University of Iowa Press, 1999, Shurtz, Ann. Home Architecture in Iowa City, Iowa: 1900-1940. MA (Master of Arts) thesis, University of Iowa, 1967. Slonnegar, Mary Beth. Small but Ours. Iowa City: Hand Press, 1999. Svendsen, Marlys. Historic Resources of Iowa City, Iowa. National Register of Historic Places Multiple Property Document form, 1992. Architectural and Historical Resources of Original Town Plat Neighborhood (Phase II), 1845 --1945, amendment to Historic Resources of Iowa City, Iowa. National Register of Historic Places Multiple Property Document form, 1999. Svendsen Tyler, Inc. and Clarion Associates, LLC. Iowa City Historic Preservation Plan, 2008. Walker, Lester. American Homes: An Encyclopedia of Domestic Architecture, New York: Black Dog & Levanthal, 2002. Weber, Irving. Historical Stories About Iowa City. Iowa City, Iowa: Iowa City Lions Club, 1976. 21 Appendix A; Site Inventory Forms STATE HISTORIC PRESERVATION OFFICE OF IOWA IUN91 DEti4RTIVENT flF tARTURAI AFFAERS State Inventory Number: 53-03267 9-DigitSHPO Review and Compliance (R&C) Number: IOWA SITE INVENTORY FORM ❑ New ❑✓ Supplemental ❑ Non -Extant Year: STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East Locust Street j Des Moines, IA 50319 (515)281-874'2 1 Fax: (5 15) 282-0502 iowaculture.gov/history/preservation Read the Iowa Site inventory Form Instructions carefully, to ensure accuracy and completeness before completing this form. The instructions are available at http://www. iowahistory.org/historic-preservation/statewide-i nvento ry-and-col lectio ns/i owa-site-inventory-form. html. Historic Building Name: Hohenschuh-Hervert House Other Names: StreetAddress: 225 N Gilbert Street City: Iowa City ❑ Vicinity County: Johnson State: la LEGAL DESCRIPTION Rural Township Name: Township No.: Range No.: Section: Quarter: of Urban CAMvicinn- Original Town ZIP: 52240 Block(s): 58 Lot(s): N 55' of S 100' Lot 1 & E 10' of N 15' of S 60' Lot 2 Classification A. PROPERTY CATEGORY: B. NUMBER OF RESOURCES (WITHIN PROPERTY): ❑✓ Building(s) If eligible property, enter number of- if non -eligible property, enter number of: ❑ District Contributing Noncontributing F] Site 1 Buildings Buildings _ ❑ Structure Sites Sites ❑ Object Structures Structures Objects Objects Total Total C. STATUS OF PROPERTIES LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES ❑ Listed ❑ De -listed ❑ NHL ❑ NPS DOE D. FOR PROPERTIES WITHIN A HISTORIC DISTRICT ❑ Property contributes to a National Register or local certified historic district. ❑ Property contributes to a potential historic district, based on professional historic/architectural survey and evaluation. ❑ Property does not contribute to the historic district in which it is located. Historic District Name: Historic District Site Number: E. NAME OF RELATED PROJECT REPORT OR MULTIPLE PROPERTY STUDY (if applicable) JULY 1, 2014 V 1.0 Historical Architectural Database No IOWA SITE INVENTORY FORM Address: yin Site Number: Function or Use Enter categories (codes and terms) from the Iowa Site Inventory Form Instructions District Number: A. HISTORIC FUNCTIONS B. CURRENT FUNCTIONS 01A01 Residence 01A01 Residence Description A. ARCHITECTURAL CLASSIFICATION 09A09 Cross -gabled Roof B. MATERIALS Foundatfon (visible exterior): 04 STONE Walls (visible exterior): 02A Weatherboard Roof: OBA Shingle/Composltlon Tile Other: C. NARRATIVE DESCRIPTION Q See continuation sheets which must be completed. Statement of Significance A. APPLICABLE NATIONAL REGISTER OF HISTORIC PLACES CRITERIA (mark your opinion of eligibility after applying relevant National Register criteria) Criterion A: Property is associated with significant events. E Yes ❑ No ❑ More research recommended Criterion B: Property is associated with the lives of significant persons. ❑ Yes ❑ No ❑ More research recommended Criterion C: Property has distinctive architectural characteristics. E Yes ❑ No ❑ More research recommended Criterion D. Propertyyields significant information in archaeology/history. ❑ Yes ❑ No ❑ More research recommended B. SPECIAL CRITERIA CONSIDERATIONS (mark any special considerations; leave blank if none) ❑ A. Owned by a religious institution or used for religious purposes. ❑ E. A reconstructed building, object or structure, ❑ B. Removed from its original location. ❑ F, A commemorative property, ❑ C. A birthplace or grave. ❑ G. Property less than 50 years of page or achieved significance within the past 50 years. ❑ D. A cemetery C. AREAS OF SIGNIFICANCE (enter categories from instructions) 29 SOCIAL HISTORY 02 ARCHITECTURE E. SIGNIFICANT DATES Construction Date: 1904 Other Dates (including renovations): ca. 1944 D. PERIOD(S) OF SIGNIFICANCE 1904 to 1960 F. SIGNIFICANT PERSON (complete if Criterion B is marked above) G. CULTURAL AFFILIATION (complete If Criterion D is marked above) H. ARCHITECT/BUILDER Architect: Builder/Contractor, Mentzer; Hervert I. NARRATIVE STATEMENT OF SIGNIFICANCE Q See continuation sheets which must be completed. JULY 1, 2014 V 1.0 IOWASITF INVENTORY FORM 2 Address: 225 N Gilbert Street City: Iowa City Site Number: 52-03267 Bibliography 0 See continuation sheets to list research sources used in preparing this form. Geographic Data OPTIONAL UTM REFERENCES ❑ See continuation sheet for additional UTM or comments Zone 1. 2. 3. 4. Form Preparation Easting Name and Title: Tim Weitzel, M.A. Historic Preservation Consultant Northing County: Johnsoi District Number: Organization/Firm: Street Address: City: Iowa City State, I. Email: _histodcconsulting@gmall.c:om Telephone: Additional Documentation NAD Date: March 14, 2019 52240 A. FOR ALL PROPERTIES, ATTACH THE FOLLOWING, AS SPECIFIED IN THE IOWA SITE INVENTORY FORM INSTRUCTIONS 1. Map of property s location within the community. 2. Glossy color 46 photos labeled on back with property/building name, address, date taken, view shown, and unique photo number. 3. Photo key showing each photo number ova map and/or floor plan, using arrows next top each photo number to indicate the location and directional view of each photograph. 4. Site plan of b0clings/structures on site, identifying boundaries, public roads, and building/structure footprints. B. FOR ALL STATE HISTORIC TAX CREDIT PART 4 APPLICATIONS, HISTORIC DISTRICTS AND FARMSTEADS, AND BARNS See lists of special requirements and attachments in the Iowa Site Inventory Form Instructions. State Historic Preservation Office (SHPO) Use Only The SHPO has reviewed the Site Inventory and concurs with above survey opinion on National Register eligibility: ❑ Yes ❑ No ❑ More research recommended ❑ This is a locally designated property or part of a locally designated district. Comments: SHPO Authorized JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 3 STATE HISTORIC PRESERVATION OFFICE OF IOWA iorwt oE�Aar�rrr at aluuxAi errs IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property. Hohenschuh-Hervey# House STATE HISTORIC PRESERVATION OFFICE 10M SITE INVEWORY 600 East locust Street I Des Moines, IA 50319 (515)281-8142 1 W(515)282-0502 lowaculture.gov/Nstory/presuvation Site Number. 52-03267 Addmu 225 N Gilbert St Related District Number. City.laws City County. Johnson NARRATIVE DESCRIPTION The Hohenschuh-Hervert House is a one -and -a -half -story building with a central hipped roof and lower cross gabled wings. EWerfor Foundation. The foundation appears as rock -faced quarry stone for all but the some of the south half of the front elevation. The balance is composed of smooth faced stone. The front stairs are a pre -cast concrete stoop. The back stairs are wood. The north foundation wall extends to support the bay window above it. Ground floor. There are two entries to the building. The front entry is protected by an aluminum awning. The front elevation is comprised of two bays, the north two-thirds in a modestly projecting wing that stands proud of the main mass of the building by twelve Inches. A paired window—two window units, each a one -over one double -hung window, separated by a mullion—is located in the center of the wing. On the south third there is a single window unit. The south elevation has four windows. The space between the eastern most window and the western three is wider than between the west three windows. The rear elevation has two windows, one on each side of a utilitarian rear porch. The window to the north of the porch is a double unit and is shorter than the other windows in the house, consistent with more recent (post -1920) kitchen design. This window is protected by an aluminum awning. The north elevation is dominated by the bay window, part of a two -and -a -half story bay -and -gable. A single window unit is in the north wall of the bay and on each canted side. A single window is on either side of the bay. Upper Level. The upper portion of the house has a central hipped roof with four projecting gables. The front facing gable has a roofline that meets the eaves at the base. It has a single window in it. The south ga ble takes the form of a large wall dormer with knee walls extending above the roofiine and has a single window breaking the line of the pediment formed bythe gable roof and the bed mould extending across the base of its triangle. The west facing gable has a single pane window in the center. The north gable extends up from the bay below. Like the south gable, the north gable takes the form of a large wall dormer and has a single window breaking the line of the pediment formed by the gable and the bed mould extending across the base of its triangle. Decorative treatments. The exterior trim and millwork consists of typical cottage treatment of the period in Iowa City with wall units covered in weatherboard framed in band boards and corner boards, with quarter round pieces in the angle between the two corner boards. The lower band board is capped in a water table. The upper band board has a bed mould at the top. The fenestration trim is an architrave type. The gable soffits terminate in a decorative piece illustrated at Figure 1 and visible in the photos. Brackets are located under the cantalevered portions of the gable of the bay -and -gable with floral motif as shown in Figure 2. Figure 1. Soffit cap JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 4 OF ; STATE HISTORIC PRESERVATION OFFICE OF IOWA r oePr lfforCUI[=uffM STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street I Des Moines, IA 50319 (515) 281-8742 1 Fax (515} 282-0502 lowaEulture.gov/history/preservation IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Hohenschuh-Herven House Site Number, 52-03267 AddresK 225 N GilbeR St Related District Number Cay. Iowa City _ County. Johnson Alterations. The primary alteration on the exterior is the removal of the original front porch, seen in fire insurance maps and remnants that are visible in the termination of the water table and the smooth foundation block on the front of the house. The house outline is odd at the southwest corner in later fire insurance maps but no indication of what was being indicated in the post -1933 fire insurance maps is present in the house. Foundation and wall materials indicate no alterations here. The rear porch has been partially enclosed. The aluminum awnings were clearly added sometime after the original period of construction. Those changes to the exterior are more than fifty years old based on previous site inventory v work as well as the materials used. Jim Jacobsen reported the date of the porch removal "— was in the early 1940s on the earlier site inventory work for this building. The shutters on the front elevation did not appear in the 1981 site inventory form but were present in Figure 2. Bracket detail the 1998 site form. Interior Ground floor. The primary entrance is located on the east of the building. The doorway enters into a small vestibule, with a second door, providing an air lock. The second door opens onto a hallway extending the remaining depth of the front rooms. Three doorways are located at the west end of the hallway. The west door enters on the large room. The right doorway is an uncased round arch doorway that is an entry to the northeast room. The door to the left enters the southeast room. The southeast room has a second door entering the center -east room. The center -east room has a doorway opening onto the large room. The center -west room is now the lavatory. It is unclear if this was its original purpose. It enters onto the back hallway. The back hallway also provides access to the southwest room, the unfinished attic, and a small cupboard or pantry, the northwest room serving as a kitchen and the large room, which appears to be a living room. The northwest room has a door to the unfinished basement and the back door. It has long served as the kitchen, if not indeed being designed for this originally. Assignment of that use to the room is confused by a massive projection from the east wall of the room appears to contain what was original a fireplace, but is completely enclosed without a trace of the opening and there is no indication of a hole for venting a wood or coal range. A fourth door enters the north side of the large room. The large room has five doorways, including the entry hall, the east -central room, the back hall, the kitchen and a double French door to the northeast room, which possibly was a parlor. The north wall has the bay window. The west wall may have once had a fireplace, but there is no sign of this due to a smooth, unbroken plaster wall and baseboard trim. The presence of the fireplace is surmised from the brick foundation that would support it in the basement and the large projection into the northwest room. The room is of the scale that could have had a fireplace and its absence is puzzling. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 5 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOM SITE INVENTORY 600 East Locust Street I Des Maines, IA 54319 (515) 281-8742 1 Fax (515) 282-4502 lowacuiturepvliristoryf preservation Name of Property Hohenschuh-Hervert House Sh Number. 52-03267 Address: 225 N Gilbert St Related District Number. CRY. lowaQ _ coumy.Johnson Decorative treatments. Interior doors are generally five -panel, but for a pair of French doors. The front door is a two -panel door with upper section glazed, with a pediment shelf below the glazing. The vestibule door has four panels and glazing in the upper section. The rear door is a five -panel door with the upper two section glazed. The door and window trim is flat board, with the edges eased by milling. The upper piece forms an architrave. The base blocks at the doors are elaborate with a carved foliate motif that evokes laurel branches. The base blocks are two to three inches taller than the already very tall and elaborate baseboard. Finials the height of the doorway base blocks join each interior corner. The trim regime continues through the closets and through the uncased, round arched doorway of the northeast room. Corner beads line the edges of the fireplace in the northwest room, which are the only exposed outside corners in the house. Alterations. Alterations to the interior are surmised from known residential building trends documented architectural histories and past experience. The round arched doorway is incongruous with a house built in 1904, the date for this house, which was determined by newspaper accounts and property transfer records. The style of an uncased arch, a modern treatment from the middle third of the 20"' century, fits the time period the porch was removed, which occurred within a range of year on either side of 1944. Stylistic Interpretation The building was constructed in vernacular design with Folk Victorian (ca. 1870-1910) elements, such as flat wood foliate scroll work. Interior changes appear to have followed in a vernacular fashion using salvaged wood work but introducing a new uncased round arch doorway of modern aesthetic and filling-in or removal of the fireplace and stove exhaust following installation of central heat furnace. While both builders responsible for the work on the house were experienced, their training does not Indicate a background In architectural design work. NARRATIVE STATEMENT OF SIGNIFICANCE The Hohenschuh-Hervert house at 225 N Gilbert Street retains historic integrity and possess historic significance. It derives significance from association with patterns of events and trends In local history including second generation immigrant families in the Northside of Iowa City and the local tradition of architectural salvage and reuse, meeting Criterion A. Associations are also present with events surrounding the Spanish Flu Pandemic of 1918. The building represents two distinct periods of time in construction trends in Iowa City, Iowa, and despite historic alterations, now serves as a well-preserved example of local design -builder craftsmanship, especially for architectural salvage and remodeling work, meeting Criterion C. Christian and Clara Dostal Hohenschuh were prominent individuals in Iowa City society who were part of the Northside and Business districts of Iowa City. The building derives significance in the form of patterns of history from their association with them. Their tastes and preferences are reflected in the historic fabric of the buildings. The location of JULY 1, 2014 V 1k IOWA SITE INVENTORY FORM 6 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA rOyiAat'1WiT" oFsalliilkAl.AFFNBIS IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Hohenschuh-Hervert House STATE H15T0RIC PRESERVATION OFFICE IOWA Sill INVENTORY 600 East Locust Street I Des Moines, lA 50319 (515)181-8742 I Fa (515) 282-05Q2 iovuaculture.gov/hlstory/preservation Site Number 52-03267 Address; 225 N Gilbert St Related District Number. City, Iowa City _ County. Johnson the store where Chris worked was in the heart of the growing city and he had many opportunities to be seen and converse with the people of the town and campus as a result. Similarly, Clara had been the subject of the social news columns in the newspapers from her later teenage years going forward. This visibility is conveyed in the frequent news updates on Chris' health, the many trips for vacation or visits to the John P. Dostal family in Denver, the notices when the Dostals returned for visits to Iowa City and the prominence in society of Christian's father and brother and Clara's father all indicate Chris and Clara were well known in town. Additionally, Chris and Clara were part of a well-established social network that existed with Northside Immigrant families. The Hohenschuhs picked a busy and socially recognized carpenter to build their second house. Charles Mentzer was recorded in the local press as a skilled mechanic. Local history also records him as a charter member of the City of Hills, Iowa. Frank Henry Hervert was a carpenter who worked for two prolific construction businesses in Iowa City. Given the stylistic choices of changes made to 225 N Gilbert Street, that they appear to have been in the middle of the 20th century, it is likely he made the alterations. His tastes and preferences were shaped by his experiences as a carpenter working for building firms in the first half of the twentieth century in Iowa City. Those firms concentrated on contemporary tastes and construction methods that focused on modernity and were common at that time and as a result, salvage inevitably would become available, it appear Frank was able to make use of at least some of those materials. As a result, the house is a good example of historic modernization techniques (changes in doorways, additions of aluminum awnings) common to the period from the first third to middle of the twentieth century (1930-1960) but also represents the tradition of architectural salvage in Iowa City. The property was home to many individuals over the years and many of them worked in the downtown or for the University of Iowa and lived in the Northside neighborhood. However the primary significance is derived from the associations with second generation immigrants who had the house built and forthe significant alterations made by a member of the design -build carpentry industry in Iowa City whose skills and tastes were influenced by those he worked for. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 7 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTOK PRESERVATION OFFICE I OV A SITE INIIEWORY 600 East locust Street I Des Moines, IA 50319 (515) 281-8742 I Far(515)282-0502 lowaculture.gov/hlstory/preservation Name of Prapeg: Hohenschuh-Heryert House Site Number. 52-03267 Address: 225 N Gilbert St Related District Number. City: Iowa City Courdy. Johnson Statement of Historic Contexts Initial contexts were reviewed from the Multiple Property Document form Historic Resources of Iowa City, Iowa (ISIN 52- 028).1 Six contexts were found to be applicable to this building: Railroad Era, (1856-1900) Town & Gown Era (1900-1940) The Development of the University of Iowa (1855-1940) Iowa City Neighborhoods: Town and Country (1840-1940) These contexts are described at the previously reviewed source. The additional two are: Iowa City Northside Nineteenth Century Immigrant Communities (1840-1900) Building Construction and Design industry of Iowa City (1840-1960) These contexts are described in the related report: Intensive Historical and Architectural History Survey and Evaluation of 225 N Gilbert Street and 229 N Gilbert Street Iowa City, Iowa. Historical Architectural Data Base (HADB) number 52- 00131 to which this site form is appended. Criteria A Eligibility Christian S. Hohenschuh (1865-1918) Christian Samuel Hohenschuh, familiarly known as Chris, C.S., and Christ, was a bookstore clerk and for a time a co- owner in a book and stationary store who died of Spanish Flu in the 1918 pandemic.2 Chris was the son of Francis A. (Frank) Hohenschuh (1824-1876), a first generation German immigrant who was a cabinet and furniture maker. As part of the furniture business, he took on coffin making and preparation of bodies for burial. Early mortuary practice, called undertaking, was carried out by furniture makers in Iowa City as one of the main things to be done to prepare a body for burial was to make a coffin. Business listings in Iowa City through the nineteenth century Indicate that furniture makers commonly also made coffins and they advertised for undertaking as well.3- The Goosetown records indicate Frank Hohenschuh moved to Iowa City before 1862.4 It was Chris' brother William P. Hohenschuh who took over the family furniture and undertaking business. William became a significant individual in the areas of local, state, and national significance for advances in mortuary science. 1 Svendsen, 1992. 2 Iowa City Citizen, Oct 22, 1918. Similarly Iowa City Daily Press, Oct 22, 1918. 3 For Frank Hohenschuh, Iowa City Daily Press, Sep 24th, 1873. For others, John Schnieder, Iowa City Republican, Jul 19th, 1876 and Nixon & Brainerd, Iowa City Daily Republican, Nov 5,1881; Similar advertisements were run by William Hohenschuh and his business cards stated the same. Frank Hohenschuh advertised these services for several years in the early 1870s. Other businesses were diversified similarly, such as the Palace Livery, which also advertised undertaking services, Iowa City Daily Press, Dec 10th, 1904. 4 Slonnegar, 1999. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM BOF STATE HISTORIC PRESERVATION OFFICE OF IOWA Wa0W"7CV=ALCM IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWR SITE INVENTORY 600 East locust Street I Des Moines, IA 50319 (515) 281-8742 1 Fac (515) 282-0502 lowacultureSovlhlstorylpreservation Name of Property: Hohenschuh-Hervert House Site Number. 52.03267 Address: 225 N Gilbert St Related District Number, City, Iowa City _County Johnson Chris occasionally assisted in running the furniture store and preparing bodies for funeral.' He rose as far as being appointed Deputy Corner by his brother, the elected County Coroner, in 1892.6 The family home where Chris grew up was at 318 E Bloomington Street (demolished ca. 1974). This is the home he shared with his mother Theresia (Theresa) Stoertzer (Statzer) Hohenschuh, brothers William P. (1860-1920) and Frank A. (1875-1937), and sisters, Mary Huen (Hine) (1861-1890) and Cathryn A. (Kate) (1862-1909). Chris resided in the same few blocks of Iowa City for most of the rest of his life, living across the street at 229 N Gilbert Street and later owning a house next door at 225 N Gilbert Street and its neighbor 219 N Gilbert Street. Christian and Clara had two daughters, Mary Helen Hohenschuh Harvat (b.1894) and Loretta Clara Hohenschuh Hoover (1897-1965). Clara Hohenschuh (1865-1951), his wife, held the deed to 229 N Gilbert until she transferred ownership to her daughter Mary in 1936 (Table 1). Though Chris and family made many long visits to Denver, Colorado, they retained ownership of their building. From the age of nineteen, Chris reported his occupation as book seller or book store clerk on the federal and state census and in city directories. At some unknown point, but likely prior to life as a store clerk, Chris spent three years as a park ranger in Yellowstone National Park! Back in Iowa City, he worked as a clerk at a local bookstore known as Lee & Ries, which traded under the business name Pioneer Bookstore s Chris bought out Lee's interest in the store in 1892, known then colloquially as the "University Book Store.i9 . At this same time, Henry J. Wieneke (1838-1923) also had a bookstore that was located in the St. James Hotel block, formerly located on the southeast corner of Clinton Street and Iowa Avenue. Wieneke managed the store for the widow of J.G. Fink. It was known as Fink's Bizarre and had been in operation since 1857.10 The store was the news stand for the local foreign language press.1" Henry Wieneke divested of his interest in the store in the early 1890s, selling it to a partnership of his daughter Carrie L. Wieneke (b. 1860) and Chris, while opening a new location for his cigar business. Carrie and Chris continued to run the store as Fink's Bizarre at first and then as Hohenschuh & Wieneke by 189412. They offered diverse sundries of interest to students and downtown professionals such as stationary, memory books, photo albums, and greeting cards, fountain pens, and fresh cut flowers, as well as small food items, such as chocolates, apples and even hair tonic and hammocks. 13 The store also sold stationary items to the City of Iowa City.14 In 1899, Chris retired 5 Ad in Iowa City Weekly Republican, Jul 6, 1898. Also Iowa Citizen, Feb 12, 1892, "Chris Hohenschuh will have charge of his brother's business for a short time and will give his personal attention to undertaking and embalming He has had experience in the past and he will certainly make a success in this line." 6 Iowa City Weekly Republican, Sep 3, 1892. 7 Iowa City Daily Press, Oct 22, 1918. e The Iowa Historical Record, Volumes 4-6:196, 1890. a Daily Citizen, Jun 28, 1892. Lee was taking up a position with an advertising firm in Chicago. 10 The Commercial Magazine, 1898. 11 Ehrstine, 2016. 12 City Directory, Iowa City Weekly Republican, Jun 17,1896; Daily Iowan, Mar 8, 1902; Iowa City Herald, Nov 3, 1894. The Commercial Magazine, 1898. 13 The Iowa Alumnus, Volume 18, for example; Vidette-Reporter, Jan 21, 1897 and Feb 2, 1896, as examples; Apples, Iowa Citizen, Sep 28, 1904; Hair Tonic, Iowa Citizen, Dec 23rd, 1808; Hammocks, Iowa City Weekly Republican, Jun 7, 1896. 14 Iowa City Weekly Republican, May 6, 1896; Jul 6, 1898. JULY 1, 2014 V 1.0 IOWA SITE INVENT URY FUHM 9 OF -- STATE HISTORIC PRESERVATION OFFICE OF IOWA IO& ttEPr+RUW OF C11I]ORB IIERRIAS IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property. Hohenschuh-Hervert House STATE HISTORIC PRESERVATION OFFICE IOWA SITE INIIEN`MRY 600 East locust Street I Des Molnes, IA 50319 (515) 281,6742 1 Fax: (515) 282-0502 lowaculture,gNMstory/preservation Site Number. 52-03267 Address; 225 N Gilbert St Related District Number. Ci- Iowa CRY _ coumlr.)ohnson from his share of the partnership citing reasons of his health. The family eventually made pians to move to Denver, where Clara's parents had moved when they left Iowa." Chris and family relocated to Denver while retaining ownership of their home as a rental property (Table 1, Table 2). However, by fall the family had moved back.16 In 1904, they built a house on the lot south of their larger homes'. The new house in the middle parcel was all on one level, possibly due to Christian's poor health. Chris' health was a common topic of short notices through the time period of 1898 to his death. It is possible it was due to a problem with his lungs, such as asthma, but the actual causes remain unknown. News reports frequently referred to his health being improved or that he had again taken ill. He was said to have been "stricken down" in one case, "confined to his room" in another and in yet another that he had recovered from a "dangerous siege." 18 Chris resumed his work as a clerk in Carrie Wieneke's shop, operating as Wienekie's Arcade Bookstore, which Carrie advertised as Wieneke's St. James Arcade, from 1899 on.19 Chris continued to work for Carrie until his death.20 Fire completely destroyed the hotel block in 1916 .21 Carrie Wieneke relocated to Washington Street.22 In social affairs, Chris was a member of the Marquette Council of the Knights of Columbus, being a charter member and treasurer.23 He marched in the procession representing the Men's Sodality of 5t. Mary's Church that walked from St. Mary's of the Visitation Church to the building site of St. Wenceslas Church the day the cornerstone was laid.24 Clara Dostal Hohenschuh (1865-1951) Clara J. Dostal Hohenschuh was born in 1865 to John P. Dostal (1841-1912) and Genevieve (Jennie) Cerny (b.1843) in Rock Island, Illinois 25 John Dostal features prominently in the nineteenth Century history of Iowa City. Dostal, originally a miller, bought the Great Western Brewery of Iowa City in 1873. He expanded it with an ice house and malt house, a sign of vertical integration in the business. He operated the brewery until it was closed by state prohibition in 1888.26 DostaI's sons reopened the facility under the name Dostal Brothers Brewery in 1897. The brothers sold the brewery in 1902 to Fred Kemmerle and Andrew Feely, who changed its name to the Iowa Brewing Company.27 Later businesses eventually 15 Retirement and move to Denver, Colorado Iowa City Weekly Republican, Sep 6, 1899. Other announcement of a move to Denver, Iowa City Press Citizen, Oct 5, 1908. 1e Iowa City Weekly Republican, Aug 11, 1897. 17 Property Transfer Records; Iowa Citizen, Jun 6, 1904, p. S. isForexample, Iowa City Weekly Republican, Feb 16, 1898; Aug 17,1898; Dally Iowa State Press, Jul 21,1903; Sep 18,1903; Iowa City Daily Press, Aug 3, 1905; Dec 30, 1908; Aug 10, 1910. 19 City Directories, Dally Iowa State Press Dec 22, 1899, p 9 20 City Directory 21 A historic commercial block Is a building with a unified fagade; Daily Iowan, Apr 29,1916. 72 Iowa City Daily Press, Apr 16, 1920. 23 Iowa City Citizen, Feb 24, 1904; Daily Iowa State Press, Feb 26,1904; Daily Iowa State Press, Feb 26, 1904; Iowa City Republican Aug 6, 1908 24 Iowa Cit Daily Citizen, Jun 26th, 1893 25 Marriage Certificate; John P. Dostal in entry for Charles M. Mccadden and Matilda Dostal, 13 Feb 1888; citing Kane, Illinois, United States, county offices, Illinois; FHL microfilm 1,481,109 261870 Federal Census; Johnson County History, 1883; Glenn Ehrstine, n.d. 27 Property Transfer Records; JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 10 OF 33 STATE HISTORIC PRESERVATION OFFICE OF IOWA ID4h6AQEPMR1" Op1WAAUifMRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust street I Des Moines, IA 50319 (515) 281-8742 1 Fax: (515) 282-0502 iovuaculture.gov/htstery/preservation Name of Property: Hohenschuh-Herven House Site Number 52-03267 Address: 225 N Gilbert St Related District Number. Cgy:Iowa City _ Couray.Johnson took over the building but did not make or sell beer .28 The adaptively reused building was destroyed by fire in 1955.29 Dostal was an immigrant from Bohemia, the current Czech Republic. At the time of his upbringing the Austrian Empire, or Kaisertum Osterreich, of the Habsburg -Lorraine lineage autocratically controlled Bohemia and German was the common language of the empire, despite the fact that by numbers the Austrians were outnumbered in the various regions of their control outside of Austria proper.30 Likely knowing both languages and certainly being within a mixed - language market, Dostal therefore unsurprisingly advertised in German and Czech language newspapers as well as English language papers in Iowa City.31 Local newspapers chronicled Clara's society debut in Iowa City. From the late 1870s, she attended St. Agatha's Academy and gave annual public piano recitals for many years .32 Clara continued to give public recitals into the next decade. 33 The papers also chronicled her lasting friendship with Kate Hohenschuh, Chris' sister and a fellow student at the academy. 34 The papers would notify their readers when Clara was back to visit Kate after the Dostals had moved to Denver. 35 In 1893, it was announced that Clara was attending the Columbia Exposition in Chicago.36 Clara and Chris were married on October 11, 1892 at St. Mary's Church, again to much public fanfare both in the press coverage of the announcement and the ceremony. Kate Hohenschuh was the bridesmaid.37 Chris and Clara had two children, Mary Helen Hohenschuh Harvat (b. 1894) and Loretta Clara Hohenschuh Hoover (1897-1965). In 1897, Clara and Chris contracted with Jacob J. Hotz to build a house at 229 N Gilbert Street, subdividing Lot 1, Block 58 of the Original Town Plat to create the parcel for the building (Table 1). The south parcel of the parent lot is the site of an early Iowa City home built by Jacob Wentz, a German immigrant. Lot 1, Block 58 is located across the Street from 318 E Bloomington Street, the second Frank and Theresa Hohenschuh family residence, and is just across the alley from the location of the Great Western Brewery, where Clara's father worked. For reasons of Chris' health, the family relocated temporarily to Denver, but they retained ownership of the home, renting it out (Table 1, Table 2). When they returned they built a new house on the middle parcel of Lot 1. That parcel was obtained from Nanna G. Wieder, who had owned the entire south 85 feet of Lot 1, Block 58 at the time. The Hohenschuhs hired Charles Mentzer to build the new house at 225 N Gilbert Street in 1904. They resided there until Chris' death in 1918. The Hohenschuhs purchased the Jacob Wentz house located on the south 4S feet of Lot 1, Block 58 in 1911 (Table 1). At the time of Chris' death, both Clara and Mary were seriously ill.38 The severity of the health effects reflects the widespread effects of the 1918 Influenza Pandemic, known at the time as the Spanish Flu. There is a good chance that caring for Chris through his long period of poor health fell to Clara and Mary, especially regarding the flu, which was 28 Svendsen, 1999. 29 Svendsen, 1999. 3o Hone, 2010. 31 Slovan Amerikansky, Feb 15,1882; Iowa City Volksfireund, Dec 18, 1874 cited in John P Dostal, "ad for Great Western Brewery, Iowa City," Ehrstine, n.d. Dostal also advertised in the English language papers as well. 32 Daily Press, Jun 29, 1878; Iowa City Daily Republican, Jun 30,1880; Jun 30, 1882. 33 Iowa City Weekly Republican, Feb 3, 1892. 34 Iowa City Citizen June 30, 1880. 35IowaCitizen, Jun 19, 1891; Jul 3,1891; Iowa City Weekly Republican Jun 17, 1891. 36 Iowa Citizen, Oct 20, 1893. 37 Iowa Citizen, Sep 30, 1892; Iowa City Weekly Republican, Oct 5,1892;iowa State Press, Oct 12th, 1892; See note 19. 3s Iowa City Daily Citizen, Oct 24, 1918. 11LY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 11 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA mouffli]4wOFt�IUIIRI Al"M IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property. Hohenschuh-Hervert House STATE HISTORIC PRESERVATION OFFICE IOWA SnE INVENTORY 600 East Locust Street I Des Molnes, IA 50319 (515) 281-8742 1 Fax (515) 282-0502 €owrawlture.govf€Ystoryfgrmmation Site Number. 52-03267 Address: 225 N Gilbert St Related District Number. City: Iowa City Courdy.Johnson severe enough to incapacitate its victims. Those caring for the flu, which claimed more than twelve times the lives of World War 1, tended to also fall 111.39 Christian Hohenschuh died in 1918 and Clara returned her residence to 229 N Gilbert Street. She appears to have rented 225 N Gilbert Street from that point until she sold the property in 1936. The daughters remained close to home for many years. Mary attended the State University and worked as a clerk there. She resided at home with Clara until around the time of her marriage in 1935. She stayed in the tradition of her family, marrying another fourth generation immigrant, Edwin John Harvat, the nephew of Emma J. Harvat. Emma Harvat was the first female mayor of Iowa City and real estate investor with her partner Mary (May) Stach. Edwin's grandmother was Mary Cerny Harvat. Mary Cerney Harvat was potentially a relative of Clara Dostars mother but this is unknown. However, there were just two Cerny households recorded in the Goosetown record—Joseph Cerny and Clara Cerny. 40 Mary Hohenschuh Harvat moved to Montana by 1937.4" Loretta married Guy O. Hoover, a Cedar Rapids letter carrier in 1919 and they lived at 229 N Gilbert Street and 225 N Gilbert Street as well as other locations in Iowa City and rural Johnson County for a few years at each location before moving to Muscatine by 1940.42 Clara's listings and ownership with both properties on Gilbert Street ended in 1936, selling her residence to her daughter, Mary Helen Harvat, and the two southern rental properties to ii corporate firm. Clara then lived with Loretta and Guy in Muscatine. 43 She was buried in Iowa City in 1951. Charles Mentzer (1$741908) Charles Mentzer was a builder and charter commission member for the incorporation of Hills Siding in 1906, now Hills, Iowa. He was born to George Albert Mentzer and Caroline Feldman, a farming couple in Liberty Township. He was killed while working on a house in November 1908.44 His wife received a $1,000 benefit from the Modern Woodmen of America, a fraternal benefit society.4s Mentzer is associated with several buildings in Johnson County and Iowa City including residences for George W. Koontz, Lem Hunter, Albert Wiese, Nellie Mingus, D.A. Munger, Mike Mentzer, and Christian Hohenschuh .4r' He also worked on the house of Ed McCollister and made sashes and doors for Will Mathews.47 He built what one account termed the "finest house" in Hills for Leo Hort on Brady Street A8 He was working on the house of Professor F.E. Bolton at the time of 39 Onion, 2019. 40 Slonnegar, 1999. 41 Mary Hohenschuh is listed at 229 N Gilbert in the 1936 City Directory but both she and Clara are absent from that address in the next available directory, 1938; Regarding Montana, Find A Grave, memorial page for Edwin Joseph "Ed" Harvat (9 Oct 1893-27 Jun 1970), Find A Grave Memorial no. 60268098, citing Calvary Cemetery, Livingston, Park County, Montana and 1940 Federal Census. 92 City Directories; Federal Census. 43 City Directories, beginning with 1936 directory for Muscatine along with Loretta and Guy Hoover. 44 Charles Mentzer, 07 Nov 1908; citing Death, Iowa City, Johnson, Iowa, United States, page 8, offices of county clerk from various counties; FHL microfilm 1,738,604; Iowa City Daily Press, Nov 11, 1908. 45 Iowa City Republican, Nov 28, 1908. 46 Carlson, 2018. Iowa Citizen, Oct 18, 1901; Oct 25, 1901. 47 Iowa City Republican, Aug 13, 1903. 48 Aurner,1912, vol. 2, p.471 J ULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 12 OF n STATE HISTORIC PRESERVATION OFFICE of Iowa Iffi%0EPI4 nWff 0FCUI]UAALMMRS IOWA SITE INVENTORY FORM . CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 500 East locust Street l Des Molnes, IA 50319 (515) 281-6742 j Fax (515) 282-0502 lcwaculture.govlhistorylpreservatlon Name of Property. Hohenschuh-Hervert House Site Number. 52-03267 Address: 225 N Gilbert St Related District Number. C4: Iowa City County. Johnson his fatal accident.49 Other houses are mentioned by raw counts only, such as "two buildings underway.i50 He built a barn for Charles Gross.51His buildings were featured in a photo series titled "New Residences Built in Iowa City in 1908.i5z He was described as "A Good Mechanic," a term for builders at that time, and was skilled enough to be able to construct window sashes and doors.53 Katie Hervert (1879-1970) Katie Musil Hervert (variously also Catherine, Kathryn, Cath, and Kate) was born in Washington, Iowa to parents from Bohemia. Her mother was Rose Fiala Musil.s4 Her father, Emil, widowed early, was a farmer from Liberty Township, Johnson County. Her three siblings included James, Mary Slaby, and Lezzy 55 Frank and Katie had five children, Marguerite (b. 1901), Helen (b. 1902) Irene (b. 1903), Raymond (b. 1906), and William (b. 1913), who indicated his profession was a painter and was living with his parents at 225 N Gilbert Street on the 1940 Federal Census. Raymond died young due to a diving accident at Lake Okoboji. His airlift to Iowa City received statewide attention in the press. 56 Frank and Katie Hervert owned 225 N Gilbert Street through the middle of the 20th century. Katie initially purchased the property from Fidelity Finance Company of Iowa City on the same day Clara Hohenschuh sold the property to the local investment firm in December 1936.57 Subsequent transactions are recorded in the property transfer book as Katie Hervert and Husband, until Katie and Frank added Irene to the title in 1953. They gave Irene outright ownership in 1960. She had lived with them since the death of her husband, Sherman (Red) Campbell, in a two -car collision at Funk's speedway track in Westchester, Indiana, on May 30, 1937.56 Irene was a 1930 graduate of Irish's Business College.59 She worked as a salesperson, for a time at Willard's Apparel Shop, and then at Hand's Jewelers for much of her life 60 Beyond the tragedy of her husband's death, which had reports across the nation, Irene's youth and adulthood were documented in social announcements in the local press.61 She appears to have enjoyed traveling. 62 49 Iowa City Citizen, Nov 9,1908; Iowa City Daily Press, Nov 9, 1908. so Iowa Citizen, Apr 13, 1903. 51IowaCitizen, Jul 22, 1904. 52 Iowa City Citizen, Jan 27, 1909;Feb 12, 1909. 53 Iowa Citizen, Apr 13, 1903; Iowa City Republican, Aug 13, 1908. 54 Obituary, Iowa City Press Citizen, Feb 12, 1970. 55 Federal Census, "Iowa, County Marriages, 1838-1934, James A. Slaby and Mary Musil, 01 Sep 1897, Iowa City, Johnson, Iowa, United States; citing reference, county courthouses, Iowa; FHL microfilm 986,012. 56 Ottumwa Daily Courier Aug. 16,1934; Spirit Lake Beacon, Aug. 16, 1934; Daily Iowan, Aug. 8. 1934. 57 Property Transfer Records, Book 1, P. 148. 58IowaCity Press Citizen, May 31, 1937. San Bernardino Sun, May 31, 1937. Three people died that weekend at Indianapolis as well, Sarasota Herald, May 29, 1937 and Milwaukee Journal. May 28, 1937. 59 Daily Iowan, May 25, 1930. 60 City Directories. 61 Iowa City Daily Press, Aug 17th, 1914; Aug 10th, 1920; Iowa City Daily Citizen, Feb 2, 1917; Sep 8,1919; Iowa City Press Citizen, Jul 31st, 1923. 62 Iowa City Press Citizen, Jan 11th, 1922; Sep 18th, 1923; Mar 7, 1938. Daily Iowan, Jun 16, 1939. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM i3 OF STATE HISTORIC STME HiSMIR'CPI 'ATION Off1a IOU SITE INVENTORY PRESERVATION 600 East locust Street I Iles Moines, LA 50319 OFFICE OF IOWA (Si S) 282-8741 1 Fax (515) 282-0502 _ imculture.govJhlstorylpresmation ION1 I)MRTNIEM OFE0Il1UBAL11URS IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property Hohenschuh-HervertHouse Site Number. 52-03267 Address: 225 N Gilbert St Rekted District Number. Crty IowaCounly.johnson Frank Hervert (1873-1960) Frank was the son of Joseph (1842-1918) and Barbara Shradel Hervert (1846-1923), a Bohemian couple from Iowa City.63 Frank's father, Joseph, was known as a musician in town.64 He operated a saloon at 402 E Market St, abutting the property he owned at 204 N Gilbert Street. The family home appears to have been at 716 E Bloomington St.65 However, in 1918, they were listed at 520 N Gilbert Street.66 It is known that Frank and Katie lived for a number of years as 716 E Bloomington Streets' Frank became a business owner after finishing school, listing himself as both a merchant and grocer.In the newspaper announcement of their marriage, it was stated Frank was associated with Slaby & Hervert Grocers.69 Slaby was Frank's brother-in-law.70 The firm was founded in 1896 when the partners bought out H.P. Stouffer." Their business was successful enough that they donated goods to the Johnson County Poor Farm.72Disaster struck when the Dubuque Street grocery was destroyed in a fire in March, 1901.73 The building was insured to the owner, but they rented their store front. The loss appears to have ended their business. By 1905, Frank was listing his occupation as carpenter, which he continued to do until he retired around 1950.74 He was a member of the Modern Woodmen of America .75 Frank worked for two entities, George Kranz and later Smith & Burger/Burger Construction Co., who had extensive reach in Iowa City and without a doubt contributed to the architectural social environment of Iowa City during his years of work.76 63 Federal Census. 64 As member of the Union Band, Johnson County History, 1883; As business manager of the National Orchestra, Vidette-Reporter, Feb 11, 1897; As well-known musician, see note 37. 65 Svendsen,1999. 66 John Hervert was killed in a farming accident. John was the Son of Joseph Hervert and brother to Frank among others of 520 N Gilbert Street, Iowa City Daily Press, Jul 20, 1918. 67 Their address was provided in several newspaper accounts, for example Daily Iowan, May 16,1937; Daily Iowan, Thursday, Jul 9, 1925; and in 1934 when their son Raymond was flown by plane to Iowa City from Arnold's Park for treatment for a broken cervical vertebra, Daily Iowan, Aug 16, 1934 and Spirit Lake Beacon. The incident was reported across the state on Aug 17, 1934 in The Spencer Herald, Dubuque Telegraph -Herold, Ottumwa Daily Courier. 68 The marriage certificate of Frank Hervert and Katie Musil he indicated he was a merchant. In the 1900 Census, he Indicated he was a grocer. 69 Iowa Citizen, Jul 20, 1899. 70 Note 48; Iowa City Daily Citizen, Jun 14th, 1919. 71 Iowa City Weekly Republican Jun 3, 1896. 72 21owa Citizen, Jan 22, 1897. Similar in Iowa City Press. 73 Iowa City Daily Republican, Mar 18,1901; Iowa Citizen, Mar 22,1901; Daily Iowa State Press, Mar 18, 1901. The Daily Iowa State Press ran a second article on Mar 20 praising the efforts of the fire department. Damage was limited to just the ground floor unit that the grocery was located in. 74 State and Federal Census, City Directories. 75 Iowa City Press Citizen May 30, 1960. 76 WWI Registration Card; City Directories. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 14 OF 33 STATE HISTORIC PRESERVATION OFFICE OF IOWA 0ffMTMW0F IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVA310N OFFICE IOWA Silt INVENTORY 600 East Locust Street I Des Moines, IA 50319 (S15) 281.8742 j Fac: (515) 282.0502 iowacultureZoy/history/preservation Name of Property: Hohenschuh•Hervert House Site Number, 52-03267 Address: 225 N Gilbert St Related District Number. city: Iowa City County. Johnson Frank Hervert does not appear to have ever listed himself independently as either a carpenter or contractor in the advertising section of directories or in newspapers. The first contractor that Frank was known to work for was George F. Kranz (1873-1957). Kranz was the builder for the Koser Brothers in the time period around 1913 to 1915." Koser Brothers, Inc. in turn was a prolific real estate development firm in Johnson County in the first half of the twentieth century. They developed properties throughout the many new land additions to Iowa City as well as infill development in Iowa City, and in Coralville They also are associated with platting the land addition that would later become incorporated as University Heights .7" Their development strategy was to predict future growth areas in and around the community and develop houses there. They frequently would develop a series of houses with shared floor plans.7s Kranz also appears to have been involved in real estate himself. In particular, he was listed as a "well known purchaser" in the much publicized minimum lot purchase in the Rundell Addition. The minimum lot purchase event was a publicity stunt that the Rundell Land Improvement Company sponsored. They set a minimum number of lot purchases as a requirement in order to finance the first street car line in Iowa City.80 That Kranz was involved in real estate in the Rundell addition makes sense. His address was recorded as 1117 E Court Street in 1910 and 1036 E Court Street in 1925.81 As part of the Kranz construction team, Frank Hervert would have been exposed to the tastes of modern design, as the Kosers were known to use kit houses from Gordon van Tine. 2 Modernity was part of their sales pitch.S3 George Kranz later worked for William F. Burger, a competing developer to the Kosers.84 It's probable that Frank Hervert also worked for Burger projects while in the employment of Kranz because Hervert later listed himself as employed with the successor firm, Smith and Burger. William F. Burger appears to have been an insurance assessor and salesmen, who's brother was the local builder Charles (Chas.) Burger. The Burger brothers were featured in a local newspaper for a home of "Yellow pine with hot air heat" that was "modern throughout.i85 By 1932, Frank listed his employer as Smith & Burger. Smith & Burger (ca. 1930-1942), Burger Construction Company (1943-1987) Herman W. Smith and Frank E Burger formed a construction company around 1930 and was owned by the partners until 1942. Herman William Smith, also known as William Herman Smith, was born Kansas in 1884. By 1901, he was listed as an engineer in Iowa City.S6 At some point later he moved to Portland, Oregon and practiced drafting and architecture. In " Iowa City Citizen, Apr 16th, 1913; Iowa City Citizen, Mar 25, 1915 and Nov 12, 1915. 'S Iowa City Press Citizen, May 10, 2010. 79 Iowa City Citizen, Apr 16th, 1913; Christopher Picket, M.A. Thesis, p. 3; Svendsen, 1999. S0 Iowa City Weekly Republican, Jul 26th, 1899. Iowa City Daily Press, Mar 4th, 1910. Al State and Federal Census; sale of house in 1919, Iowa City Daily Citizen, Feb 3rd, 1919. 82 Svendsen, 1999. 93IowaCity Citizen, Apr 16th, 1913. &4 State Census,1915; Iowa City Citizen, Jan 11th,1909. as Iowa City Citizen, Jan 11, 1901. 86 City Directory MY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 15 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE IWENWRY 500 East Locust Street I Des Moines, K 50319 (515) 281.8742 1 FaX (515) 282-0SG2 lowaculture.gov/ldstory/preservation Name of Property: Hohenschuh-Hervert House Site Number. 52-03261 Address; 225 N Gilbert St _ Related District Number. City: Iowa City County.Johnson 1912, he was married to Luella Sidwell in West Branch.$' He listed his profession as architect at that time, but during World War I he worked as a carpenter. Following the armistice, Smith returned to Iowa City, working as a draftsman and was working for J.H. Hunzinger & Company, Inc. around 1924.' Frank E Burger was born in Iowa City in 1893 to Charles (Chas) R. and Elizabeth (Lizzie) Klinger Burger, formerly of Missouri. Frank was the nephew of William F. Burger.90 Frank Burger worked as a foreman for J.H. Hunzinger & Company, Inc. Then Smith and Burger teamed up around 1930 to form their own construction company. In addition to the design work for the firm, Smith appears to have been largely the publicity person, writing a column in the Daily Iowan in 1934 that was part of 32 ads they ran that year. That column described "...how homes can be done easily, reasonably."91 Echoing a general trend of the time, the column went on to describe ways to modernize older buildings. For instance, Smith recommended "Just the removal of gables, useless additions, and brit a brat from many homes will mostly improve their appearance." He went on to recommend the addition of shutters and window boxes. Advertising slogans of Smith & Burger were considerably catchier than other firms and included "Better Builders " and "HOME --Honest values, Obliging service, Modern methods, Efficient workmen, Satisfied Customers.a92 They advertised as general contractors and remodelers.93 After 1942, the company was Burger Construction Company, run by Frank Burger on his own. Fallowing Frank Burger's death the firm was run by his wife Lulu and their two sons, Warren F. and Richard. For 1949, Lulu was the president, but afterward she then became the Secretary -Treasurer. Warren generally was listed as president and Richard was listed as Vice President. That configuration continued into the 1970s. During the Second World War there were just a handful of builders in Iowa City. Wagner Builders were the main competition with Herbert Miller and Frederick Miller as the only others advertising general contractors .94 Eight carpenters were listed that year. Criteria C Eligibility The arched doorway is enigmatic but also illuminating in the fact the trim found throughout the house, including the closets, runs continuously through the doorway. The same trim is continuous on both sides of the deduced location for the fireplace. It is helpful to know the owner in the 1940s was Frank Hervert, a carpenter working for firms who advertised to "modernize" or "update" housing in Iowa City. Those firms also built new housing, including infill lots. Both activities could have resulted in architectural salvage, and the trim could have come from such an endeavor. Given the 87 Marriage Certificate as WWI Draft Registration 89 City Directory 90 Federal Census 92 Daily Iowan, Jun 27, 1934. 92 City Directory for 1942. 93 City Directories; Daily Iowan, Feb 2, 1934. 94 City Directories JULY 1, 2014V1.0 IOWA SITE INVENTORY FORM 16 OF STATEHISTORIC A STATE HISTORIC PRESERVATION omaJ1 IOWA SITE INVENTORY PRESERVATION 60o East I.ocusl Street I Des Moines, A50319 (515) 2818742 1 Fax (515)182-0502 OFFICE OF IOWA lowaculturepvthistory/preservation MOBUTMENT0FCU IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Praperty: Hohenschuh-Heryert House Site Number. 52-03257 Address: 225 H Gilbert St Related District Number. city: Iowa City courny. Johnson age of Hervert he would have lived through the Great Depression and simply discarding useful material was probably not something he would do. The proximal reason for the loss of the porch is unknown, but updates for modernity are surmised. Building permit information was not available for the time period for this house. Also unknown are when water and sewer taps were made for the house. An aging porch might, for instance, be removed if the trench for water connections was made by machinery to facilitate the installation. The location of the water supply does connect through the base of the wall where the porch was located. Therefore, modernization is again suggested, but in a utilitarian manner. Regardless, the interior of the building and the remaining intact exterior still favor Criteria C eligibility. J ULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 17 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA IOYIr4OEPARMMOFpIUMALOMS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOMSITE INVEWORY 600 East Locust Street I Des Moines, IA 5019 (515)281-8742 1 Fax (515)282-0502 io+waoilture.gov/hlstory/pfmNation Name of Property: Hohenschuh-Hervert House Sh Number. 52-03261 Address! 225 N Gilbert St Rebted District Number. Gly Iowa City Couq. Johnson Table 1. Property Transfer Records Date Grantor Grantee Simplified Description (Book Page Type 1881-07-18 F. Messner J.P. Dostai Lot 1 and part of Lot 2 1 146 unknown John P. Dostal George Williams Nanna G. Lot 1, north 40 feet of south 85 ft and 1904-01-19 1893-12-28 and others Barbara Hotz Lot 1 and part of Lot 2 1 146 unknown 1906-11-06 Barbara Hotz, C.S. Hohenschuh Lot 2, 45 x 10 foot strip in SE Corner C.S. Clara 1893-12-18 guardian Ella M. Ries Lot 1 and part of Lot 2 1 146 Guardian 1 146 unknown 1 146 Warranty 1 146 Warranty 1 146 Warranty 1 147 Warranty 1 148 Warranty Corporate 1 148 Grant 1 148 Quit Claim 1 148 Quit Claim 3 58 Warranty Frank H. & Katie Irene H. Lot 1, north 55 feet of south 100 ft 1960-05-26 Hervert Campbell and Lot 2, SE Strip 3 58 Qult Claim Irene H. Thomas E Lot 1, north 55 feet of south 100 ft Court 1978-05-23 Campbell estate Conway and Lot 2, 5E Corner 3 58 Order 95 Entry appeared as a hand-written annotation below the previous entry on the same line of the record JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 18 OF 33 Sold to S. Hotz n.d.'s and C. Graf Lot 1 and part of Lot 2 Lot 1, south half and 10 x 60 foot 1898-12-09 Barbara Hotz John P. Dostal strip of SE corner Lot 2 Nanna G. Lot 1, north 40 feet of south 85 ft and 1904-01-19 Wieder, single C.S. Hohenschuh Lot 2,10 x 15 ft section Nanna G. 1906-11-06 Wieder, single C.S. Hohenschuh Lot 2, 45 x 10 foot strip in SE Corner C.S. Clara Lot 1, south 85 feet and Lot 2, SE 1918-10-26 Hohenschuh Hohenschuh Corner Clara Hohenschuh, Fidelity Finance 1936-12-15 widow Co. Lot 1, north 50 feet of south 100 ft Fidelity Finance Lot 1, north 50 feet of south 100 ft 1936-12-15 Co. Katie Hervert and Lot 2, SE Strip Katie Hervert & Emma J. Harvat 1937-10-18 Husband and others Lot 2, SE Strip Emma J. Harvat 1937-10-18 Katie Hervert and others Lot 1, north 5 feet of south 50 feet Katie & Frank H. Katie Hervert & Hervert + Irene Lot 1, north 55 feet of south 100 ft 1953-11-16 Husband H. Campbell and Lot 2, SE Strip 1 146 unknown 1 146 Warranty 1 146 Warranty 1 146 Warranty 1 147 Warranty 1 148 Warranty Corporate 1 148 Grant 1 148 Quit Claim 1 148 Quit Claim 3 58 Warranty Frank H. & Katie Irene H. Lot 1, north 55 feet of south 100 ft 1960-05-26 Hervert Campbell and Lot 2, SE Strip 3 58 Qult Claim Irene H. Thomas E Lot 1, north 55 feet of south 100 ft Court 1978-05-23 Campbell estate Conway and Lot 2, 5E Corner 3 58 Order 95 Entry appeared as a hand-written annotation below the previous entry on the same line of the record JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 18 OF 33 STATE HISTORIC PRESERVATION OFFICE OF IOWA royal r"ofeuuartuAIlm IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East Locust Street I Des Moines, IA 50319 (515) 281-8142 1 Fax (515) 282-0502 iowaculture.goy/history/preservakion Name of Property: Hohenschuh-Hervert House Site Number. 52-03267 Address: 225 N Gilbert St Related District Number. CO: Iowa City County Johnson Table 2. City Directory and Census Listings Year' Listed Residents 1905 Christian S. Hohenschuh, book clerk; Clara J.; Mary H. 1907 Chris Hohenschuh, clerk; Clara, wife Chris; Mary 1908 Chris Hohenschuh, clerk; Mrs. Clara; Mary 1910 Chris Hohenschuh, salesman books stationary, Clara; Mary; Loretta 1911 Chris Hohenschuh, clerk; Clara J 1912 Chris Hohenschuh, clerk; Clara J; Mary 1914 Chris S. Hohenschuh, clerk; Clara J; Mray [sic]; Lotetta [sic] 1915 Christian S., Hohenschuh, clerk; Clara J.; Mary H., assists Dr. J.G. Miller; Loretta C, student 1918 Christion [sic] Hohenschuh, clerk; Clara J; Mary H. 1919 Dionysius Speidel, Speidel Brothers; Dora Speidel; Frank C. Speidel 1922 Guy O. Hoover, letter carrier; Loretta C. 1925 Mrs. Francis A. Hotz; wid Jacob J. 1925 Mrs. Francis A. Hotz; wid Jacob J.; Henry J. Hotz 1928 Guy O. Hoover, rural mail carrier; Loretta 1934 Edgar H. Rushfeldt, assistant tech SUI; Amelia E Rushfeldt 1936 Harry B. Wharton, custodian; Edna F. Wharton 1938 Frank H. Hervert, carpenter; Katie Hervert 1942 Frank H. Hervert, carpenter; Katie Hervert; Irene C. Campbell (wid. Sherman) 1943 Frank H. Hervert, carpenter, Cath Hervert 1961 Irene H. Campbell, sales Hands Jewelers 1970 Irene H. Campbell 96 Not all years are available, duplicative information between years was suppressed. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 19 OF 33 NATE HISTORIC PRESERVATION OFFICE_ OF IOWA IONIIMU MEMTOFiMILTUR11.AITM IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Hohenschuh-Hervert House SATE mwRIc PRESERVAT1om OFFICE IOWA SITE IWENTORY 600 East Locust Street I Des Molnes, IA 50319 (515) 291-8742 I Fax (515) 282.0502 iowa[ulture.goy/Nstorylpreservation Site Number. 52-03261 Addresz 225 N Gilbert St Related District Number. City. lava City - .5 ____County. Johnson Bibliography History of Johnson County, Iowa, Containing a History of the County, and its Townships, Cities and Villages from 1836 to 1882. Iowa City: The Publishers, 1883. The Commercial Magazine. Chicago, III: Levytype Co, 1898. Carlson, Richard Database of houses, architects and contractors who worked in Iowa City, Iowa, 1897-1916, compiled from newspapers. Richard Carlson, Highway Archaeology Program, University of Iowa, 2018. Ehrstine, Glenn. Beer Politics in Iowa. Hawkeye Lunch & Learn lecture, 2016. https://www.yc)utube. com/wa1c:h7v=Xo2vXb1B2Bc Germans in Iowa and the Global Midwest Exhibit, n.d. http://germansiniowa.lib.uiowa.edu/exhibits. Hone, C. Brandon, Smoldering Embers: Czech -German Cultural Competition, 1848-1948, MA (Master of Arts) Thesis, University of Utah, 2010. https-.//digitalcommons.usu.edu/etd/666 Iowa City Property Records. Iowa City, Iowa, Assessor's Office, 2019. https:// iowacity.iowaassessors.com. Johnson County, Iowa, Assessor. Property Transfer Records for Lot 1, Block 58, Book 1 and Book 3. Onion, Rebecca. Did We Forget to Memorialize Spanish Flu because Women Were the Heroes? State Feb 18, 2019. https://slate .com/technology/2019/02/Spanish-flu-women-nurses-heroism.htmI Sanborn Map Company. Iowa City, Iowa. New York: Sanborn Map Company, 1883, 1888, 1892, 1906, 1912, 1926, 1933, 1933 updated through 1948, and 1933 updated through 1947. Sanborn -Perris Map Company. Iowa City, Iowa. New York: Sanborn -Perris Map Company, 1892 and 1899. Slonnegar, Mary Beth. Small but Ours. Iowa City: Hand Press, 1999. Svendsen, Marlys. Historic Resources of Iowa City, Iowa, National Register of Historic Places Multiple Property Document form, 1992. Architectural and Historical Resources of Original Town Plat Neighborhood (Phase 11),1845-1945, amendment to Historic Resources of Iowa City, Iowa. National Register of Historic Places Multiple Property Document form, 1999. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 20 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA W"nW0FWUW#1 IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Hohenschuh-Hervert House STATE HISTORIC PRESERVATION OFFICE IOWA SHE IN1fENT0RY 504 East la ust Street I Des Moines, lA 50319 (515) 281-8742 1 Fax (515) 282-0502 lowaculture.gov/history/prewrvat]Dn SRe Number, 5203257 Address: 225 N Gilbert 5t Related District Number. Cq:lowaCity Corlty.Johnson Location Map E DAVENPORT ST W Q 211ai. r13i a I ' ta13%I 5 31,3- p _ Ir �' 31 x 208117 2Z 2i2 E SLOWINGTON $T E 11AWMTBT T�-- 130 '-3-' _ D 720; 21 . 11 179x' II 7 l(i ,2,C 2'7 1:. 1 :20gk 11 7t1 r2W20, _ +` 312 83D E DAVENPORT ST n S1 j1 i f21 425331. uZi J2 z Y 1 ! 3612 gtsT � � 1zi:: j� d1x FANkk" E�I.� e4a� E BLOOMINGTON 8T 7 lir/ E MARKET ST 14 W Project Location, 225 N Gilbert Street, shown at arrow. Source: Project Information Viewer, Geographic Information System Division of Johnson County, Iowa. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 21 OF 33 STATE HISTORIC PRESERVATION OFFICE OF IOWA IDYVIt11FAI 11WWCUUIIRALII MS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE }RSMIC PRESERVATION OFFICE IOWA Sllf INVENTORY 600 fast Locust Street i Des Molnes, IA 50319 (515) 281$742 1 Fax (515)282-0502 towaculture.gov/hlstory/preservation Name of Property. Hohenschuh-He,ved House Site Plumber 52-03261 Address; 225 N Gilbert St Relted District Number. City. Iowa Ch County.. Johnson Site Plan 319 E BLOOMINGTON ST H rn r- 0. W _5 a z 1 inch = 37 feet __ rr Site Plan, 225 N Gilbert Street. Lot 1 boundary shown as dashed line. Source: Project Information Viewer, Geographic Information System Division of Johnson County, Iowa. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 22 OF 33 STATE HISTORIC PRESERVATION OFFICE OF IOWA IDViADEi4ARTAW OFUMALAIN115 IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 500 East Locust Street I Des Maines, IA 50319 (515)281-8742 1 Farr (515) 282-OS02 lowaculture,gov/hlstory/preservation Name of Property: Hohenschuh-Hetyert House Site Number 52-03267 Address: 225 N Giihert St Related District Number. City:Iowa Q _ county.Johnson EP Building Plan >s1451 Fs $ 42 IS B A FR (MAEU) I1=1 14 IS Building outline plan, 225 N Gilbert Street. Numerals indicate dimensions, bracketed numerals area. Source: Johnson County Assessor's Office Sanborn Fire Insurance Map, Iowa City, April 1906, Sheet 7 JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 23 OF ,*. W4 B .:a IowN BdewixoCa .e.f �wrsiwrna•w In. "P .141-114- Sanborn Fire Insurance Map, Iowa City, April 1906, Sheet 7 JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 23 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA f0YV1oEPARTtIENToFouY?IIr mulls IOWA SITE INVENTORY FORM - CONTINUATION SHEET SLATE HISTORIC PRESERVATION OFFICE IBM SITE INVENTORY 500 East Locust Street I Des Molnes IA 503111 (515) 291-8742 1 Fax. (515) 282-0502 iowaculture,gov/history/preservation Name of Property: Hohenschuh-Hervert House Site Number. 52-03267 Address~ 225 N Gilbert St Related District Number. City: Iowa City county. Johnson ,"nllk, Photo 1. 52-03257-001 Exterior, View Southwest 2018-1219. Tim Weitzel, Photographer. JULY 1, 2014 V 1.0 IOWA SITE IWENTORY FORM 24 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA_ IO91H1OEPART"OFOFe1M] lluffFNIRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Hohenschuh-Hervert House STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East Locust Street I Des Moines, IA 50319 (515) 281-8742 1 Fax (515) 282-0502 towaculture-gov/history/preservation Site Number. 52-03267 Address: 225 N Gilbert St Related District Number. City: Iowa Ci County. Johnson Photo 2. 52-03267-002 Exterior, View Northwest 2018-12-29. Tim Weitzel, Photographer. !LILY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 25 OF 33 STATE HISTORIC PRESERVATION OFFICE OF IOWA IONIDUl4RMIOOFCULiUMAf#1 D IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property. Hohenschuh-Hervert House STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East Locust Street I Des Maines, U! 50319 (515) 281-8742 1 Fax (515) 282-0502 lowaculture.gcwthlstory/preservation Site Number 52-03261 Address; 225 N Gilbert St Related I)istrict Number. CRy. Iowa City County. Johnson Photo 3. 52-03267-003 Exterior, View Northeast 2018-12-19. Tiim Weitzel, Photographer. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 26 OF 33 STATE HISTORIC PRESERVATION OFFICE OF IOWA_ oEPARi1V1EN'i OF C11gIIRALAFFAlt38 IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE IKVEN70RY 600 East Locust Street I Des Molnes, IA 50319 (515) 281-8747 l Fax: (515) 282-0502 IowacultureZovlhlstorylpreservatlon Name of Property. Hohenschuh-Heryert House Site Number. 52-03267 Address: 225 N Gilbert 5t Rebted District Number. Cay Iowa City County.Johnson ,z _- f �- �S t W41 Photo 4. 52-03267-004 Exterior, View Southeast 2018-12-19. Tim Weitzel, Photographer. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FOLIA 27 OF 33 STATE HISTORIC PRESERVATION OFFICE OF IOWA I040offi1AIENf OF CIILn"Al"M IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East Locust Street I Des Molnes, IA 5o319 (515) 281-$742 i Fat (515) 2$2 0502 lawaarlture.gov/hlstory/preservation Name of Property: Hohenschuh-Hervert House Site Number. 52-03267 Address: 225 NGilbert St Related District Number Cay: Iowa City CouMy:Johnson Photo S. 52-03267-005 Southeast Room, View North 2019-01-23. Tim Weitzel, Photographer. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 28 OF ?,3 STATE HISTORIC PRESERVATION OFFICE OF IOWA 104W1DEn481NENT0FCV MlAIAFFIuas IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Hohenschuh-Hervert House STATE HISTORIC PRESERVATION OFFICE IDINA SITE INVENTORY 600 East Locust Street I Des Molnes, IA 50319 (515) 281-8142 1 Fax (515) 282-0502 lowacultare.gov/hstory/preservation Site Number. 52-03261 Address: 225 N Gilbert St Related District Number. aty: Iowa City County. Johnson Photo 6. 52-03267-006 Large Room, View East 2019-03-23. Tim Weitzel, Photographer. JULY 1, 2014 V 1.0 IOVJA SITE INVENTORY FORM 29 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA "nFPARTMM" WCVLilIAALII!"llS IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Hohenschuh-Hervert House STATE HISTORIC PRESERVATION OFFICE I OM SITE INVEIVIDRY 600 East Locust Street I Des Molnes, IA 50319 (515)281-8742 1 Fat: (515)282.0502 iowaculture.gov/iistory/presefvation Site Number. 52.03267 Address 225 N Gilbert St Related District Number. city. Iowa City County. Johnson Photo 7. 52-03267-007 Large Room, View West. 2019-01-23. Tim Weitzel, Photographer JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 30 OF STATE HISTORIC PRESERVATION OFFICE of IOWA WMWMW OF CULMALKNRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SM INVENTORY 600 East Locust Street I Des Moine5r IA 50319 (515)181-0742 1 Fafc (515) 282-0502 iowaculture.gov/history/preservation Name of Property; Hohenschuh-Herveit House She Number. 52-03267 Address: 225 N Gilbert St Related Distrid Number Gty.: Iowa City county. Johnson Photo B. 52-03267-008 Northeast Room, View West. 2019-01-23. Tim Weitzel, Photographer JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 31 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA 104IM�OF CUt7111GI.lIFAl11R8 IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name at Property: Hohenschuh-Hervert House STATE HISTORIC PRESERVATION OFFICE I OM SITE INVENMRY 600 East Locust 51reet I Des Moines, IA 50319 (515)281-8742 1 Fax(515)282-0502 Iowa wlture,gov/tilstory/preservation STe Number. 52-03267 Address: 225 N Gilbert St Relod District Number. W.Iowa Qty _ coum}r.Johnson Photo 9. 52-03267-009 Northwest Room, View Southeast 2019-M-23. rim Weitzel, Photographer. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 32 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA MOUNIMMwCullum IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Hohenschuh-Hervert House STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street [ Des Moines, IA 50319 (595) 281-8742 1 Fax: (515)282-0502 iowaculturetov/history/pfeservation Site Number. 52-03267 Address: 225 N Gilbert St Related District Number. Cm Cowl rev rnnty. Johnson _ Photo 30.52-03x67-010 Base Block Detail, Northeast Room View West. 201901-23. Tim Weitzel, Photographer JULY 1, 2014 V 1.0 IOWA STE INVENTORY FORM 33 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA IAIrN DEPMiYRHl W CUUM IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property. Hohenschuh-Hervert House STATE IfISTORIC PRESERVATION OFFICE IOM SITE INVENTORY 600 East Locust Street I D% Moines, IA 50319 (515) 281-8742 I Fax (515) 282-0502 lowacuiture.govthstory/preservation Site Number. 52-03267 Address: 225 N Gilbert St Related District Number. Co.'r. lowo Ci r CA11*.. Johnson Photo 11. 52-03267-011 House in Setting, View Northeast. 2018-12-19. Tim Weitzel. Photographer JULY i, 2014 V 1.0 IOWA SITE INVENTORY FORM 34 OF 33 STATE HISTORIC PRESERVATION OFFICE OF IOWA IUAtAOEF9 NENrOFCULTURALAFFAIRS State Inventory Number: 53-03268 9-DigitSHPO Review and Compliance (R&C) Number: IOWA SITE INVENTORY FORM ❑ New 0 Supplemental ❑ Non -Extant Year: STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East Locust Street I Des Moines, IA 50319 (515) 281-8742 j Fax: (515) 282-0502 iowaculture.gov/history/preservation Read the Iowa Site Inventory Form Instructions carefully, to ensure accuracy and completeness before completing this form. The instructions are available at http://www. iowa histo ry.org/historic-preserva tion/statewide-inventory-and-collections/iowa-site-inventory-form. html. Basic Information Historic Building Name: Christian and Clara Dostal Hohenschuh House Other Names: Street Address: 220 N Gilbert Street City: Iowa City ❑ Vicinity County: Johnson LEGAL DESCRIPTION Rural Township Name: Township No.: Range No.: Section: Quarter: Classification A. PROPERTY CATEGORY: 0 Building(s) ❑ District ❑ site ❑ Structure ❑ Object State: is Urban Subdivision: Original Town Block(s): 58 Lot(s): N 50' Lot 1 B. NUMBER OF RESOURCES (WITHIN PROPERTY): If eligible property, enter number of: Contributing Noncontributing Buildings Sites Structures Objects Total 52240 If non -eligible property, enter number of: Buildings Sites Structures Objects Tota I C. STATUS OF PROPERTIES LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES ❑ Listed ❑ De -listed ❑ NHL ❑ NPS DOE D. FOR PROPERTIES WITHIN A HISTORIC DISTRICT ❑ Property contributes to a National Register or local certified historic district. ❑ Property contributes to a potential historic district, based on professional historic/architectural surrey and evaluation. ❑ Property does not contribute to the historic district in which it is located. Historic District Name: Historic District Site Number: E. NAME OF RELATED PROJECT REPORT OR MULTIPLE PROPERTY STUDY (if applicable) M PI) Tina- ]rJLY 1, 2014 V 1.0 Historical Architectural Database No. IOWA SITE INVENTORY FORM 1 CSF 3 Address: 229 N Gilbert Street City: Iowa City Site Number: 52-03268 Function or Use Enter categories (codes and terms) from the Iowa Site Inventory Form Instructions A. HISTORIC FUNCTIONS 01A01 Residence Description A. ARCHITECTURAL CLASSIFICATION DDA09 Cross -gabled Roof County: Johnson District Number: B. CURRENT FUNCTIONS 01AO1 Residence B. MATERIALS Foundation (visible exterior): 04 STONE Walls (visible exterior): 15B Vinyl Roof: 08A Shingle/Composition Tile Other: C. NARRATIVE DESCRIPTION 10 See continuation sheets which must be completed. Statement of Significance A. APPLICABLE NATIONAL REGISTER OF HISTORIC PLACES CRITERIA (mark your opinion of eligibility after applying relevant National Register criteria) Criterion A: Property is associated with significant everts. 0 fes ❑ No ❑ More research recommended Criterion B: Property is associated with the lives of significant persons. ❑ Yes ❑ No ❑ More research recommended Criterion C: Property has distinctive architectural characteristics. ❑ Yes ❑ No ❑ More research recommended Criterion D: Property yields significant information in archaeology/history. ❑ Yes ❑ No ❑ More research recommended B. SPECIAL CRITERIA CONSIDERATIONS (mark any special considerations; leave blank if none) ❑ A. Owned by a religious institution or used for religious purposes. ❑ E, A reconstructed building, object, or structure. ❑ B. Removed from its original location. ❑ F. A commemorative property. ❑ C. A birthplace or grave. ❑ G. Property less than 50 years of page or achieved significance within the past 50 years. ❑ D. A cemetery C. AREAS OF SIGNIFICANCE (enter categories from instructlons) 29 SOCIAL HISTORY 02 ARCHITECTURE E. SIGNIFICANT DATES Construction Date: 1897 Other Dates (including renovations): D. PERIOD(S) OF SIGNIFICANCE 1987 to 1970 F. SIGNIFICANT PERSON (comIplete if Criterion B is marked above) G. CULTURAL AFFILIATION (complete if Criterion D is marked above) H. ARCHITECT/BUILDER Builder/Contractor: Jacob J. Hotz I. NARRATIVE STATEMENT OF SIGNIFICANCE 2 See continuation sheets which must be completed. )ULY 1, 2014 U 1.0 IOWA SITE INVENTORY FORM 2 Address: 229 N Gilbert Street cin,, Iowa City Site Number: 62-03268 Bibliography 0 See continuation sheets to list research sources used in preparing this form. Geographic Data OPTIONAL UTM REFERENCES ❑ See continuation sheet for additional UTM or comments Zone 1. 2. 3. 4. Form Preparation Easting Alamo and Tit1P• Tim Weitzel, M.A. Historic Preservation Consultant Organization/Firm: i Street Address: City: Iowa City Email: historicconsulting@gmail.com Additional Documentation Northing County: Johnson District Number: State: IA Telephone: NAD Date: March 14, 2019 A. FOR ALL PROPERTIES, ATTACH THE FOLLOWING, AS SPECIFIED IN THE IOWA SITE INVENTORY FORM INSTRUCTIONS 1, Map of property's location within the community. 2. Glossy color 46 photos labeled on back with pfoperty/building name, address, date taken, view shown, and unique photo number. 3. Photo key showing each photo number on a map and/or floor plan, using arrows next top each photo number to indicate the location and directional view of each photograph. 4. Site plan of buildings/structures on site, identifying boundaries, public roads, and building/structure footprints. B. FOR ALL STATE HISTORIC TAX CREDIT PART 1 APPLICATIONS, HISTORIC DISTRICTS AND FARMSTEADS, AND BARNS See lists of special requirements and attachments in the Iowa Site Inventory Form Instructions, State Historic Preservation office (SHPO) Use Only The SHPO has reviewed the Site Inventory and concurs with above survey opinion on National Register eligibility: ❑ Yes ❑ No ❑ More research recommended ❑ This is a locally designated property or part of a locally designated district. Comments: SHPO Authorized Signature: Date: IULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 3 STATE HISTORIC PRESERVATION OFFICE OF IOWA iui+ra�re�i�s IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HIMIC PRESERVATION OFFICE IOWA SITE IWENTMRY 600 fast locust Street l Des Moines, IA 50319 (515)281-8742 1 Fax (515)282-0502 lowaculture,govlhistorylpreservation Name of Property: Christian and Clara Dostal Hohenschuh House She Number. 52-03268 Address; 229 N Gilbert St Rehted District Number. City: Iowa City Cau4 Jahnsan NARRATIVE DESCRIPTION The House is a two -and -a -half -story building with a central hipped roof and lower cross gabled wings. There is a two- story bay window that defines the north elevation. Although the building is vernacular in design origin, the building can be classified as an Organic Cottage as well as being within the Free Classic subtype of Queen Anne architectural style.' Within the range of Organic Cottages, this example is fairly conservative in elaborateness of the floor plan. Exterior Foundation. The exposed foundation appears as rough cut limestone. A utility entrance is located on the south side of the building at the southwest corner. The front stairs are concrete that were cast in place. The rear porch stairs are precast concrete. Ground Floor. On the front elevation, a front porch extends the full width of the front fagade. The porch is supported by piers that match the exposed foundation masonry. The porch roof is supported by paired Tuscan columns on dados with recessed panels. Viewed from a corner angle, the column pairs form triplets. There are pilasters at the front wall of the building. The balustrade is filled forming a low wall and is clad in synthetic siding. The front wing projects into the porch space and contains a large single pane cottage window with a transom window above. The front door is recessed as a result of the front wing. A single window is arranged at the front room with a pair of windows at the back room. The south fagade on the ground level has three windows with asymmetric spacing. The rear porch is enclosed and has an elaborate architrave door casing. On the porch, a pair of windows faces south while the west elevation of the porch has a single window. The rear wing also has a single window at the south side of the elevation. On the north elevation, the rear wing has two windows. There are three windows in the bay window, one per side. Forward of the bay window, there are no windows on the north elevation of the ground floor. Second Floor. The porch roof is asymmetrical with a pediment gable over the stairs and a wreath and festoon ornament in the tympanum. Above the porch roof, a single window is located above the entry in the main mass of the building and a paired window is located in the front of the front wing, providing asymmetry with the single, large window below. The windows of the south elevation, second floor align with those of the first floor. A single window is present above the rear porch. On the rear elevation there are two windows aligned at the header with the one to the north being around four inches smaller in height. On the north elevation, the second story of the rear wing has a single window, placed at about the center of the wall. It matches the height of the one on the west elevation. The bay has three windows of similar size and spacing to the first floor. A stepped window is present forward of the bay on the north elevation. It matches the incline of the stairway inside with the west of the two lower windows being shorter by about six inches and a transom runs the width of the two. Upper half floor and roof_The upper half floor consists of three gables projecting from, and lower than, the peak of a central hipped roof. The front wing has a pedimented gable with raking boxed cornice forming a pent roof and a Palladian style window configured with a central round arched window that is flanked by two smaller rectangular windows. The window is set back from the wall plane with an overhang formed from the dormer wall above. The walls of the third floor of the wing curve inward at this window. The south elevation has a gable with knee walls and cornice returns at the roofline. A semi -circular window is in the south wall. The rear elevation has no gables but is only the ' Gottfried and Jennings, 2009; McAlester, 2018. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 4 OF '- STATE HISTORIC PRESERVATION OFFICE OF IOWA MOI744 MMOFCU!11 IfFW IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 640 East locust Street I Des M olnes, IA 50319 (515) 281-8742 1 Fax: (515) 282-0502 lowaculture, ov/hlstorylpreservation Name of Property: Christian and Clara Dostal Hohenschuh House Site Number. 52.03268 Address: 229 N Gilbert St Related District Number. City: Iowa 0t County.. Johnson hipped roof of the rear wing. The north elevation has a gable above the two-story bay window, which has a low-pitched hipped roof. The closed gable forms a pediment with cornice returns. A square window is present. Alterations. The primary alterations visible on the exterior are the synthetic siding and possible changes to the front porch balustrade. Exterior millwork and casings are not currently exposed, but are covered by synthetic materials, provided that they were not actually removed when the building was re -sided. An artist's sketch of the building showed a spindle rail balustrade on the porch as well as on top of the two-story bay window. The building at one point had a tern metal roof, however the recommendations in the survey and evaluation of the original town plat, Phase II, recommend that roof material alterations should not count against a building's eligibility .Z A secondary alteration is the concrete stairs at both entries, which likely were wood originally. A final visible alteration is the apparent less than careful retucking of the now painted foundation masonry. The general footprint of the building is unaltered and some of the original construction details are visible on the exterior of the building. Interior Ground Floor. The building has two entry points and is oriented on an east -to -west axis. The main entryway enters onto a grand entry hall. The stair case has an open string construction with projecting treads and an elaborate balustrade with turned spindles that leads to the upper story. It is located on the north of the main entryway with the stairs near the front entrance. The newel post has a carved shell motif. Below the open newel stair the spandrel is finished in wood panels. A long bench with hidden storage runs below the stair case. A doorway on the west enters into the northwest room. The doorway has a single four -panel door. To the left of the entry is a double French door. Circulation is provided through to the northwest room via two more double French doors in the southeast and southwest rooms. The southwest room has two windows, the single large window facing the porch with a leaded -glass transom and a single double -hung window. The south west room has a pair of windows facing south. The northwest room has a closet on the east wall built under the stairway. The door is a four panel door. The south entrance is a double French door. A fireplace is located in the south east corner of the room. It has an elaborate console of wood with an architrave casing for a mirror and a deep mantle. The woodwork bears carved festoons. Inside the casing of the fireplace surround, the front of the fireplace and floor are tiled. An elaborate metal ventilating grate is present. The north wall of the room is punctuated with the bay window. A curious alcove is recessed on the west side of the room with the back wall curving up to meet the main plane of the west wall, a feature more characteristic of, say, a mid -twentieth century house. A four panel bi- swing door exits to the kitchen via a small pantry with built in cabinetry. A small lavatory is located off the pantry. To the west, the kitchen occupies the entire width of the rear wing. From the Kitchen, the rear entrance exits onto a small enclosed porch and a third door provides access to the unfinished basement. The basement appears unaltered and contains a separate service entrance to the exterior. A fourth door provides access to a utility or servant's stair way. Second Floor. The stairway from the Kitchen is a steep winding stair and arrives on the second floor just outside the smallest room of the second floor, which is located above the kitchen in the rear wing. A lavatory is present in the remainder of the rear wing. Three rooms occupy the remainder of the second floor. They are arranged similarly to the ground floor, including the double French doors providing complete circulation among the southern two rooms and hallway. A large closet or small room that provides access to the front window above the front door is located off the southeast room. In the main stairway, the transom over the paired, stepped window is leaded and stained glass. The door and stair to the attic are located on the west end of the central hall. The attic is unfinished. 2 5vendsen,1999. IDLY 1, 2014 V 1.0 IOWA SITE VAN I URY FUKM1 5 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA IOYV@IotPARiIYMMUMMORS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOMS17E INVENTORY 600 East locust Street I Des Moines, Ih 50319 (515) 291-8142 I Nx: (515) 2824502 iowacultureSonrfhlstoryl preservation Name of property. Christian and Clara postal Hohenschuh House Site Number. 52-03268 Address 229 N Gilbert St Related District Number Or Iowa My _ County. Johnson Decorative finishes and treatments The casing and millwork for doorways and baseboards is the same throughout the building and there appears to be no attempt to establish different architectural orders between floors. The door casings have plinth blocks at the base of the doorway and head blocks with paterae located at the top corners. The fluting is asymmetric and does not appear in the standard American catalog.3 Original light fixtures are present throughout the main part of the ground floor. A pendant light with fancy floral art glass shade is present in the entry foyer. A compound chandelier with central shade and branched indirect lights is located in both the southeast and southwest rooms. The northwest room has a branched pendant fixture with five indirect lights. Additionally, the entry foyer retains period wall paper. Wooden floors are present throughout the ground floor in the main part of the house. Low -nap carpeting has been installed throughout the second floor. Alterations. The doors between the southeast and southwest rooms have been removed and no longer appear to be on the property. A single shade has been removed from the light fixture in the southwest room. The tile in front of the fireplace appears to be from the 1990s. The house has retained good to excellent historic integrity in the interior of the house. NARRATIVE STATEMENT OF SIGNIFICANCE The Christian and Clara Dostal Hohenschuh house at 229 N Gilbert Street retains historic integrity and possess historic significance under Criteria A for association with events related to broad patterns of our history. At this time it is not possible to make a recommendation regarding Criteria C for a historic building that embodies the distinctive characteristics of a type and period but it is thought the building has potential to be eligible under Criteria C. At such point as the synthetic siding is removed, this property could be re-evaluated for eligibility under Criteria C. At this time only Criteria A can be recommended, despite the very good condition of the interior. The Christian and Clara Dostal Hohenschuh House at 229 N Gilbert Street (ISIN 52-03268). As second generation immigrants, Christian and Clara Hohenschuh were part of the Northside Neighborhood immigrant communities. Christian was a German American Catholic and Clara's family were Czech American Catholics. Their daughter Mary also married a member of the Northside Czech immigrant community while daughter Loretta married an American born man from Cedar Rapids. Chris and Clara were frequently subjects of society columns and other items in the newspaper. Chris worked in the St. James Hotel on Clinton Street. They entertained visitors to their homes and appear to have been well known and well liked. Both families appear to have been fairly wealthy. Chris grew up in a merchant's home across the street from his adult home at 229 N Gilbert Street and Clara was the daughter of skilled artisan and merchant in the Brewery business. They had held other property prior to purchasing the north third of Lot 1, Block 58 and hired the firm of Jacob J. Holtz, a well known and successful carpenter who turned business man, to construct a house at what is now 229 N Gilbert Street, in 1898. Hotz, who was invested in numerous businesses as well as being an Alderman and County Clerk also circulated in the Northside German Immigrant Community. Though he was from New York, he was a second generation German American. His family had immigrated from Germany before he was born. It is unproven, but likely his influence helped to get the house published in a promotional publication featuring Iowa City Businesses. The building appeared on one page 3 Gottfried and Jennings, 2009. JULY 1. 2014 V 1.0 IDWA SITE INVENTORY FORM 6 OF .1 „` STATE HISTORIC PRESERVATION OFFICE OF IOWA M MVETMEPIT ff CUU SIAL AFFAIRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East Locust Street I Des Moines, K 50319 (515) 281-8742 1 Farr. (515) 282.9502 iowacultur e.govlhlstoryl preservation Named Property: Christian and Clara DoAal Hohenschuh House site Number. 32.03268 Address: 229 N Gilbert St Rebted Dlstrid Number, City. Iowa City County Johnson with several other buildings built by Hotz's company around 1898. Following an early retirement due to Chris' health, the Hohenschuhs left their home for Denver. When they returned they built a second home adjacent to their first home, but one that was all on one level. When Chris died in the Influenza outbreak of 1918, Clara returned to 229 N Gilbert Street and lived there with Mary for many years. Clara eventually sold the house to Mary, who fairly quickly divested of it to a long term tenant, Mary Keating, who was a second generation Irish Immigrant, prominent in the history of the Veterans Administration Hospital. Statement of Historic Contexts Initial contexts were reviewed from the Multiple Property Document form Historic Resources of Iowa City, Iowa (ISIN 52- 028).4 Six contexts were found to be applicable to this building: Railroad Era, (1856-1900) Town & Gown Era (1900-1940) The Development of the University of Iowa (1855-1940) Iowa City Neighborhoods: Town and Country (1840-1940) These contexts are described at the previously reviewed source. The additional two are: Iowa City Northside Nineteenth Century Immigrant Communities (1840-1900) Building Construction and Design Industry of Iowa City (1840-1960) These contexts are described in the related report: Intensive Historical and Architectural History Survey and Evaluation of 225 N Gilbert Street and 229 N Gilbert Street Iowa City, Iowa. Historical Architectural Data Base (HADB) number 52- 00131 to which this site form is appended. Criteria A Eligibility The house is significant for Criteria A for associations with general patterns of history in Iowa City, in particular with relationship to people known in the broader Iowa City community and as part of the second generation Northside immigrant community. The property was home to many individuals over the years and many of them worked in the downtown or for the University of Iowa and lived in the Northside neighborhood. Christian and Clara Dostal Hohenschuh were prominent individuals in Iowa City society who were part of the Northside Neighborhood and the house derives significance in the form of patterns of history from their association with it. Their tastes and preferences are reflected in the historic fabric of the building. Chris grew up in a prominent family and the location of the store where Chris worked was in the heart of the growing city. He had many opportunities to be seen and converse with the people of the town and campus and as a result was popular in Iowa City society. Similarly, Clara had been the subject of the society columns in the newspapers from her later teenage years going forward. The couple were known and well liked. This visibility is conveyed in the frequent news updates on Chris' health, the many trips for vacation or visits to the John P. Dostal family in Denver, the notices when the Dostals returned for visits to Iowa City and the prominence in society of Christian's father and brother and Clara's father all indicate Chris and Clara were well 4 Svendsen, 1992. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 7 OF 40 STATE HISTORIC PRESERVATION OFFICE OF iOWA oYe'1uARmaw uuIURAUIFFIURB IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE WSMC PRESERVATION OFFICE I OVIA SITE INVENTORY 600 East Wust Street I Des Moines, IA 50319 (595)281-8742 i Fax, (515)292-0502 lowaculWre.gov/history/preservaCion Name of Property: Christian and Clara Dostal Hohenschuh House Site Numben 52-03268 Address: 229 N Gilbert St Related District Number City: Iowa City county. Johnson known in town. Additionally, Chris and Clara were part of a well established social network that existed with Northside Catholic Immigrant families. The house is the first known residence constructed by Christian and Clara Dostal Hohenschuh. The building originally appears as 231 N Gilbert Street. It is now addressed as 229 N Gilbert St. The residence was built by the company of Jacob J. Hotz, Contractor and Builder. It was built in 1897. Hotz was a prominent businessman and former carpenter. Hotz's construction team built the house under his guidance using the designs of his son Charles, possibly supplemented from catalogue plans. Additional associations exist with long term resident owners of the building, in particular, Mary E Keating, a nurse and military veteran. Associated Individuals Christian S. Hohenschuh (1865-1918) Christian Samuel Hohenschuh, familiarly known as Chris, C.S., and Christ, was a bookstore clerk and for a time a co-owner in a book and stationary store who died of Spanish Flu in the 1918 pandemic.5 Chris was the son of Francis A. (Frank) Hohenschuh (18241876), a first generation German immigrant who was a cabinet and furniture maker. As part of the furniture business, he took on coffin making and preparation of bodies for burial. Early mortuary practice, called undertaking, was carried out by furniture makers in Iowa City as one of the main things to be done to prepare a body for burial was to make a coffin. Business ' listings in Iowa City through the nineteenth century indicate that furniture makers ' commonly also made coffins and they advertised for undertaking as well.6. The L_ Goosetown records indicate Frank Hohenschuh moved to Iowa City before 1862.7 it was Christian Hohenschuh, Chris' brother William P. Hohenschuh who took over the family furniture and Commercial Magazine 1898. undertaking business. William became a significant individual in the areas of local, state, and national signiticance for advances in mortuary science. Chris occasionally assisted in running the furniture store and preparing bodies for funeral.8 He rose as far as being appointed Deputy Corner by his brother, the elected County Coroner, in 1892.9 The family home where Chris grew up 5 Iowa City Citizen, Oct 22, 1918. Similarly Iowa City Daily Press, Oct 22, 1918. C3 For Frank Hohenschuh, Iowa City Daily Press, Sep 24th, 1873. For others, John Schnieder, Iowa City Republican, Jul 19th, 1876 and Nixon & Brainerd, Iowa City Daily Republican, Nov 5,1881; Similar advertisements were run by William Hohenschuh and his business cards stated the same. Frank Hohenschuh advertised these services for several years in the early 1870s. Other businesses were diversified similarly, such as the Palace Livery, which also advertised undertaking services, Iowa City Daily Press, Dec 10th, 1904. 7 Slonnegar,1999. 8 Ad in Iowa City Weekly Republican, Jul 6, 1898. Also Iowa Citizen, Feb 12, 1892, "Chris Hohenschuh will have charge of his brother's business for a short time and will give his personal attention to undertaking and embalming He has had experience in the past and he will certainly make a success in this line." 9 Iowa City Weekly Republican, Sep 3, 1892. JULY 1, 2014 U 1.0 IOWA SITE INVENTORY FORM 8 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA Nl9W1 DCP1R1NEB'r OFOF CiILTl1BAl MILS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE NSTORIC PRESERVAnoN OFFICE IOWA SITE INVENTORY 500 East Locust Street I Des Moines, IA 50319 (515) 281-8742 I Fax (515) 2824502 lowaculture,govlhistorylpteservation Name of Property. Christian and Clara Dostal Hohenschuh House _ Site Number. 52-03268 Address; 229 N Gilbert 5t Related District Number. Cly: Iowa ON Courcy Johnson was at 318 E Bloomington Street (demolished ca. 1974). This is the home he shared with his mother Theresia (Theresa) Stoertzer (Statzer) Hohenschuh, brothers William P. (1860-1920) and Frank A. (1875-1937), and sisters, Mary Huen (Hine) (1861-1890) and Cathryn A. (Kate) (1862-1909). Chris resided in the same few blocks of Iowa City for most of the rest of his life, living across the street at 229 N Gilbert Street and later owning a house next door at 225 N Gilbert Street and its neighbor 219 N Gilbert Street. Christian and Clara had two daughters, Mary Helen Hohenschuh Harvat (b.1894) and Loretta Clara Hohenschuh Hoover (1897-1965). Clara Hohenschuh (1865-1951), his wife, held the deed to 229 N Gilbert until she transferred ownership to her daughter Mary in 1936 (Table 1). Though Chris and family made many long visits to Denver, Colorado, they retained ownership of their building. From the age of nineteen, Chris reported his occupation as book seller or book store clerk on the federal and state census and in city directories. At some unknown point, but likely prior to life as a store clerk, Chris spent three years as a park ranger in Yellowstone National Park. 10 Back in Iowa City, he worked as a clerk at a local bookstore known as Lee & Ries, which traded under the business name Pioneer Bookstore 11 Chris bought out Lee's interest in the store in 1892, known then colloquially as the "University Book Store." 12 At this same time, Henry J. Wieneke (1838-1923) also had a bookstore that was located in the St. James Hotel block, formerly located on the southeast corner of Clinton Street and Iowa Avenue. Wieneke managed the store for the widow of J.G. Fink. It was known as Fink's Bizarre and had been in operation since 1857.13 The store was the news stand for the local foreign language press. 14 Henry Wieneke divested of his interest in the store in the early 1890s, selling it to a partnership of his daughter Carrie L. Wieneke (b. 1860) and Chris, while opening a new location for his cigar business. Carrie and Chris continued to run the store as Fink's Bizarre at first and then as Hohenschuh & Wieneke by 189415. They offered diverse sundries of interest to students and downtown professionals such as stationary, memory books, photo albums, and greeting cards, fountain pens, and fresh cut flowers, as well as small food items, such as chocolates, apples and even hair tonic and hammocks.16 The store also sold stationary items to the City of Iowa City. 17 In 1899, Chris retired from his share of the partnership citing reasons of his health. The family eventually made plans to move to Denver, where Clara's parents had moved when they left lowa.18 Chris and family relocated to Denver while retaining ownership of their home as a rental property (Table 1, Table 2). However, by fall the family had moved back. 19 In 1904, they built a house on the lot south of their larger home20. The 10 Iowa City Daily Press, Oct 22, 1918. 11 The lows Historical Record, Volumes 4-6: 196, 1890. 12 Daily Citizen, Jun 28, 1892. Lee was taking up a position with an advertising firm in Chicago. 13 The Commercial Magazine, 1898. 14 Ehrstine, 2016. 15 City Directory, Iowa City Weekly Republican, Jun 17,1896; Daily lowan, Mar 8,1902; Iowa City Heraid, Nov 3, 1894. The Commercial Magazine, 1898. 16 The Iowa Alumnus, Volume 18, for example; Vidette-Reporter, Jan 21, 1897 and Feb 2, 1896, as examples; Apples, Iowa Citizen, Sep 28,1904; Hair Tonic, Iowa Citizen, Dec 23rd, 1808; Hammocks, Iowa City Weekly Republican, Jun 7, 1896. 17 Iowa City Weekly Republican, May 6,1896; Jul 6, 1898. 18 Retirement and move to Denver, Colorado Iowa City Weekly Republican, Sep 6, 1899. Other announcement of a move to Denver, Iowa City Press Citizen, Oct 5, 1908. 1s Iowa City Weekly Republican, Aug 11, 1897. 20 Property Transfer Records; Iowa Citizen, Jun 6, 1904, p. 5. JULY 1, 2014 V 1.0 IOWA SITE INVEN I Oily FUm 9 OF 4O STATE HISTORIC STATE HISTORIC PRESERVATION OFFICE IOWASIR INVENTORY PRESERVATION 600 East Locust Street I Des Moines, IA 50319 OFFICE OF IOWA(515)281-8742 I Fax:(515)282-D502 lowaculturt.gov/history/preservatlon IONfatiUA1 MIXOFOUMALAMRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address: 229 N Gilbert St Rebted District Number. Cay: Iowa City 'County.Johnson new house in the middle parcel was all on one level, possibly due to Christian's poor health. Chris' health was a common topic of short notices through the time period of 1898 to his death. It is possible it was due to a problem with his lungs, such as asthma, but the actual causes remain unknown. News reports frequently referred to his health being improved or that he had again taken ill. He was said to have been "stricken down" in one case, "confined to his room" in another and in yet another that he had recovered from a "dangerous siege." 21 Chris resumed his work as a clerk in Carrie Wieneke's shop, operating as Wienekle's Arcade Bookstore, which Carrie advertised as Wieneke's St. James Arcade, from 1899 on.22 Chris continued to work for Carrie until his death.23 Fire completely destroyed the hotel block in 1916.24 Carrie Wieneke relocated to Washington Street.25 In social affairs, Chris was a member of the Marquette Council of the Knights of Columbus, being a charter member and treasurer.26 He marched in the procession representing the Men's Sodality of St. Mary's Church that walked from St. Mary's of the Visitation Church to the building site of St. Wenceslas Church the day the cornerstone was laid. 27 Clara Dostal Hohenschuh (1865-1951) Clara J. Dostal Hohenschuh was born in 1865 to John P. Dostal (1841-1912) and Genevieve (Jennie) Cerny (b.1843) in Rock Island, Illinois.28 John Dostal features prominently in the nineteenth Century history of Iowa City. Dostal, originally a miller, bought the Great Western Brewery of Iowa City in 1873. He expanded it with an ice house and malt house, a sign of vertical integration in the business. He operated the brewery until it was closed by state prohibition in 1888.29 Dostal's sons reopened the facility under the name Dostal Brothers Brewery in 1897. The brothers sold the brewery in 1902 to Fred Kemmerle and Andrew Feely, who changed its name to the Iowa Brewing Company.30 Later businesses eventually took over the building but did not make or sell beer.31 The adaptively reused building was destroyed by fire in 1955.32 Dostal was an immigrant from Bohemia, the current Czech Republic. At the time of his upbringing the Austrian Empire, or Kaisertum Osterreich, of the Habsburg Lorraine lineage autocratically controlled Bohemia and German was the common language of the empire, despite the fact that by numbers the Austrians were outnumbered In the various regions of their control outside of Austria proper.33 Likely knowing both languages and certainly being 22Forexample, Iowa City Weekly Republican, Feb 16,1898; Aug 17,1898; Dally Iowa State Press, Jul 21,1903; Sep 18,1903; Iowa City Dally Press, Aug 3, 1905; Dec 30,1908; Aug 10, 1910. 22 City Directories, Daily Iowa State Press Dec 22, 1899, p 9 23 City Directory 24 A historic commercial block is a building with a unified fagade; Dally Iowan, Apr 29, 1916. 25 Iowa City Daily Press, Apr 16, 1920. 26 Iowa City Citizen, Feb 24, 1904; Daily Iowa State Press, Feb 26, 1904; Daily Iowa State Press, Feb 26, 1904; Iowa City Republican Aug 6, 1908 27 Iowa Cit Daily Citizen, Jun 26th, 1893 28 Marriage Certificate; John P. Dostal in entry for Charles M. Mccadden and Matilda Dostal, 13 Feb 1888; citing Kane, Illinois, United States, county offices, Illinois; FHL microfilm 1,481,109 291870 Federal Census; Johnson County History, 1883; Glenn Ehrstine, n.d. 30 Property Transfer Records; 31 Svendsen,1999. 32 Svendsen,1999. 33 Hone, 2010 - JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 100F . `, STATE HISTORIC SPATE HISTORIC PRESERVATION OFFICE T C IOWA SITE INVENTORY Des olnes, A 50319 PRESERVATION 6� E� (515) 281-8742 1 Fax: (515) 282-05D2 OFFICEOF IOWA lowaculturqw/historylpreservation KPNAMVN"0FCUuMkAl%IRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address, 229 N Gilbert St Related District Number. Crty: Iowa Ci County. Johnson within a mixed -language market, Dostal therefore unsurprisingly advertised in German and Czech language newspapers as well as English language papers in Iowa City.34 Local newspapers chronicled Clara's society debut in Iowa City. From the late 1870s, she attended 5t. Agatha's Academy and gave annual public piano recitals for many years.35 Clara continued to give public recitals into the next decade. 36 The papers also chronicled her lasting friendship with Kate Hohenschuh, Chris' sister and a fellow student at the academy.37 The papers would notify their readers when Clara was back to visit Kate after the Dostals had moved to Denver.38 In 1893, it was announced that Clara was attending the Columbia Exposition in Chicago. 39 Clara and Chris were married on October 11, 1892 at St. Mary's Church, again to much public fanfare both in the press coverage of the announcement and the ceremony. Kate Hohenschuh was the bridesmaid.40 Chris and Clara had two children, Mary Helen Hohenschuh Harvat (b. 1894) and Loretta Clara Hohenschuh Hoover (1897-1965). In 1897, Clara and Chris contracted with Jacob J. Hotz to build a house at 229 N Gilbert Street, subdividing Lot 1, Block 58 of the Original Town Plat to create the parcel for the building (Table 1). The south parcel of the parent lot is the site of an early Iowa City home built by Jacob Wentz, a German immigrant. Lot 1, Block 58 is located across the Street from 318 E Bloomington Street, the second Frank and Theresa Hohenschuh family residence, and is just across the alley from the location of the Great Western Brewery, where Clara's father worked. For reasons of Chris' health, the family relocated temporarily to Denver, but they retained ownership of the home, renting it out (Table 1, Table 2). When they returned they built a new house on the middle parcel of Lot 1. That parcel was obtained from Nanna G. Wieder, who had owned the entire south 85 feet of Lot 1, Block 58 at the time. The Hohenschuhs hired Charles Mentzer to build the new house at 225 N Gilbert Street in 1904. They resided there until Chris' death in 1918. The Hohenschuhs purchased the Jacob Wentz house located on the south 45 feet of Lot 1, Block 58 in 1911 (Table 1). At the time of Chris' death, both Clara and Mary were seriously i11.41 The severity of the health effects reflects the widespread effects of the 1918 Influenza Pandemic, known at the time as the Spanish Flu. There is a good chance that caring for Chris through his long period of poor health fell to Clara and Mary, especially regarding the flu, which was severe enough to incapacitate its victims. Those caring for the flu, which claimed more than twelve times the lives of World War I, tended to also fall ill.42 Christian Hohenschuh died in 1918 and Clara returned her residence to 229 N Gilbert Street. She appears to have rented 225 N Gilbert Street from that point until she sold the property in 1936. The daughters remained close to home for many years. Mary attended the State University and worked as a clerk there. She resided at home with Clara until around the time of her marriage in 1935. She stayed in the tradition of her family, marrying another fourth generation immigrant, 34 Slovan Amerikansky, Feb 15, 1882; Iowa City Volksfreund, Dec 18, 1874 cited in John P. Dostal, "ad for Great Western Brewery, Iowa City," Ehrstine, n.d. Dostal also advertised in the English language papers as well. 35 Daily Press, Jun 29, 1878; Iowa City Dally Republican, Jun 30, 1880; Jun 30, 1882. 36 Iowa City Weekly Republican, Feb 3, 1892. 37 Iowa City Citizen June 30, 1880. 33 Iowa Citizen, Jun 19,1891; Jul 3, 1891; .Iowa City Weekly Republican Jun 17, 1891. 39IowaCitizen, Oct 20, 1593. 40 Iowa Citizen, Sep 30, 1892; Iowa City Weekly Republican, Oct 5, 1892;lowa State Press, Oct 12th, 1892; See note 19. 41 Iowa City Daily Citizen, Oct 24, 1918. 42 Onion, 2019. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 11 OF 4.0 STATE HISTORIC PRESERVATION OFFICE of IOWA MN"AnW WCUwMffiWR3 IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWASITE INVENTORY 600 East Locust Street I Res Moines, IA 50319 J515)281-8742 1 Fax: (515)282-0502 lowaculture.gov/hlstory/preservation Name of Property. Christian and Clara Dostal Hohenschuh House Site Number, 52-03268 Address: 229 N Gilbert St Related District Number. City: Iowa Cit Courcy. Johnsen Edwin John Harvat, the nephew of Emma J. Harvat. Emma Harvat was the first female mayor of Iowa City and real estate investor with her partner Mary (May) Stach. Edwin's grandmother was Mary Cerny Harvat. Mary Cerney Harvat was potentially a relative of Clara Dostal's mother but this is unknown. However, there were just two Cerny households recorded in the Goosetown record—Joseph Cerny and Clara Cerny. 43 Mary Hohenschuh Harvat moved to Montana by 1937.44 Loretta married Guy O. Hoover, a Cedar Rapids letter carrier in 1919 and they lived at 229 N Gilbert Street and 225 N Gilbert Street as well as other locations in Iowa City and rural Johnson County for a few years at each location before moving to Muscatine by 1940.45 Clara's listings and ownership with both properties on Gilbert Street ended in 1936, selling her residence to her daughter, Mary Helen Harvat, and the two southern rental properties to a corporate firm. Clara then lived with Loretta and Guy in Muscatine. 46 She was buried in Iowa City in 1951. Jacob J. Hou (1853-1916) Jacob (J.J.) Hotz was a carpenter turned business entrepreneur who appears prominently in Johnson County History.47 In addition to a real estate and construction design -build business, Hotz operated a wholesale ice business and a pickle factory.48 Jacob served as the Second Ward Alderman for Iowa City for at least 20 years (1892-1912) and one term as County Recorder (1882-1886). He ran unsuccessfully for County Supervisor in 1908.49 He later was chair of the Iowa City Parks Commission. Jacob was a member of St. Mary's Church, The German Mutual Aid Society, the Fraternal Order of Eagles, and Fraternal Bankers. Like most German Americans at the time, he was a Democrat. Jacob was born in New York, New York to Jacob and Agnes Rosenstein Hotz, a German immigrant couple. The family moved to Iowa City in 1855. When his father died and at the age of seventeen Jacob set out for a "Grand Tour" of his own making, visiting several cities throughout the United States, performing carpentry work over four years, including St. Louis, Memphis, Cincinnati, Pittsburg, Baltimore, Boston, New York, and Chicago. He then worked in the Chicago newspaper industry for three years, marrying his first wife, Delia Crawford, there in 1875. Together they had four sons, including Charles who briefly worked in his father's construction business. In 1878, the family returned to Iowa City where Jacob resumed carpentrywork and soon Commercial Magazine 1698. started a contracting business. In 1882, he was a member of the firm Shinn & Hotz. Delia died in 1884. He married his second wife Francis Englert, daughter of brewer and retail ice company owner Louis Englert. They had six children. The many buildings built by Jacob are an indication for his talent for managing his business while promoting it. Jacob is the known builder of four houses in historic districts in Iowa City. His company built the G.W. Koontz house, 831 E College Street, the W. James house, 529 E College Street, and the Sarah Bloom house, 116 S Dodge 49 Slonnegar,1999. 44 Mary Hohenschuh is listed at 229 N Gilbert in the 1936 City Directory but both she and Clara are absent from that address in the next available directory, 1938; Regarding Montana, Find A Grave, memorial page for Edwin Joseph "Ed" Harvat (9 Oct 1893-27 Jun 1970), Find A Grave Memorial no. 60268098, citing Calvary Cemetery, Livingston, Park County, Montana and 1940 Federal Census. 45 City Directories; Federal Census. 46 City Directories, beginning with 1936 directory for Muscatine along with Loretta and Guy Hoover. 47 Johnson County History, 1883; Aurner,1912, vol. 1, and vol. 2. 48 Iowa City Daily Press, Jun 21, 1904. 49 Iowa City Citizen, Apr 15, 1908. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORD 12 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA M3MTiiENr0FCIILTIIA1lARi K IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION oma IOWASITE INVENTORY 600 East Locust Street I Des Molnes, IA 50319 (51 S) 281-8742 I Fax (515) 282-0502 lowaculture.gov/history/preservation Named Property. Christian and Clara Dostal Hohenschuh House Site Number. 52.03268 Address: 229 N Gilbert St Related District Number N. Iowa City county.Johnson Street, as well as work done at the S.A. Swisher House, 129 E Fairchild Street." He also built the Charles Vogt house. That building was listed on the National Register of Historic Places in 1977, and was subsequently included in the Brown Street historic District." A contemporary source states that Hoti s building operation was on a "larger scale than any other contractor in the city.i52 In 1882, he was building the original portions of the Iowa City Waterworks, formerly located on Madison Street. ss Also in 1892, he built the St. Mary's High School, formerly located on Jefferson Street at Clinton Street. He built the Charles Vogt House in 1889. In 1898, he was featured in a promotional publication on a page with six of his recent houses including the Christ Hohenschuh Residence.' From at least 1899, he was working for local real estate developers, such as the Bloom family.55 That same year his company built the NRHP listed Boerner-Fry/David Hotel building.56 His business expanded rapidly. In 1900, it was reported he had "several forces of men at work in various parts of the city."57 From 1899 to 1901 he served as superintendent of the construction of the current Johnson County Courthouse, also listed on the NRHP.58 In 1898, Hotz was among three firms, along with J.M. Sheets and Joselyn & Taylor, architects of Cedar Rapids, chosen to inspect the previous courthouse .59 He is recorded as completing fifteen buildings for as many individuals in 1901 alone.60 Three of those houses are on the National Register.61 The numbers are similar in other years. In 1901, his company also worked on the county Poor House.62 In 1907, he built the buttresses for NRHP listed St. Mary's Church .63 Jacob utilized his connections to get contracts. The buttresses to St. Mary's Church, construction supervisor for the Courthouse, and the City Jail all appear to have been contracts he obtained through his social and family network. 64 The jail in particular, given his status as Alderman, would not be considered ethical today but probably was considered good business practice in the context of the time. Jacob seems to have valued his own work highly, submitting the high bids in so Iowa Citizen, Mar 1, 1901; Iowa City Citizen, Jan 2, 1909. 51 DeWitt, 1977. 52 Iowa City and Her Businessmen, n.d. 53 Johnson County History, 1883. 54 The Commercial Magazine, 1898. ss Iowa Citizen, Apr 14, 1899. 56 Jacobsen, 1982. 57 Iowa State Press, Aug 15, 1900. 58IowaCitizen, Jul 7, 1901. The courthouse was designed by Rush, Bowman & Rush of Grand Rapids, Michigan. Rawson & Son were the contractors. 59 Iowa City Weekly Republican, Feb 9, 1898. 60 Daily Iowa State Press, Apr 20, 1901; Dec 31, 1901; Iowa Citizen, Mar 1, 1901; Apr 26, 1901. 61 Iowa Citizen, March 1, 1901. The work at the S.A. Swisher house was not the original construction of the residence, which dates to 1877. Hotz's work here may have included the carriage house which was not precisely dated when the property was listed on the National Register, see Long and Christian, 1982. 62 2Iowa State Press, Jun 26,1901. 63 Bowers, 1980. 64 Jail, Iowa City Citizen, Jun 27, 1911. JULY 1, 2014 V 15 IOWA SITE INVENTORY FORM 13 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA IONfAmarlwWCULTIiRAIAIME IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWAS17E INVENTORY 600 East Locust Street I Des Molnes, IA 50319 (515)281-8742 1 Fax: (515)282-0502 lowaculture,p/history/preservation Name of Property; Christian and Clara Dostal Hohenschuh House Site Number. 52-03266 Address; 229 N Gilbert St Related Distrid Number. Gly: Iowa aty coumyt Johnson 1899 for the O.S. Kelley Plant on Sheridan Street and In 1909, he was the high bidder on the new Presidents House for the University of Iowa.ss Regarding his professional work, he was listed as an architect and builder in a 1901 completion report of the current courthouse.66 Despite that, Hotz chose to advertise as a Contractor -Builder firm in newspapers and city directories.57 This was echoed in his reported profession in federal and state census records. In the 1870 and 1880 census, he is a carpenter in Iowa City. In 1900, he is a contractor -builder, and in 1895 and 1910 a contractor. He seems to have preferred the idea that he was a large scale contractor over being a designer of buildings. For a short period around 1905 he ran the J.J. Hotz Pickle Company. The pickle factory was formerly at the northeast corner of Gilbert and College Streets.68 Mary Keating (1911-2009) Mary E. Keating was born in rural Johnson County to John and Mary Ellen (Nellie, Nettie) Rogers Keating. She was one of six children.6' Her father was born July 28, 1880 in Dunboyne, County Meath, Ireland. He came to the Oxford, Iowa area in 1905, returning to Ireland in 1909, where he married the Mary E. Rogers. The couple came back to Oxford, where they farmed until moving to Iowa City in 1922. He was a member of St. Patrick's Church, Iowa City and the parish Holy Name Society. John was a night watchman for the Light and Power Company, and then a custodian for Economy Advertising Company and the University of Iowa Children's Hospital as well as Towner's Department Store.70The family lived at 229 N Gilbert Street and rented the property until Mary bought the property from Mary Helen Hohenschuh Harvat in 1949.71Despite that, John was listed as the owner in city directories until 1970. Mary was a 1931 graduate of 5t. Patrick's High School. Following high school Mary entered the Mercy School of Nursing to begin her life as a caring registered nurse. Her many achievements included an unforgettable chapter in her life as a nurse in the Army Nursing Corps during WWII and continued in the Army Reserve until her retirement as Major. Mary was extremely proud to serve her country and help care for other servicemen and women. She was one of two nurses who oversaw the set up of the wards at the Veterans Administration Hospital in Iowa City, which opened in 1952, and where she worked until her retirement in 1973. She was a member of St. Patrick's Church and Catholic Daughters of America.72 Criteria C Eligibility The building was featured in a promotional publication titled The Commercial Magazine, which featured several buildings and their builders in Iowa City along with a number of business people from the community. Jacob Hotz was featured along with six of his buildings, including the Christ Hohenschuh house. In this period of Hotz Contractors and 65 Iowa City Press Citizen, Sep 13,1993; Building Committee, 1907. 66IowaCity Citizen, Jun 7, 1901. 67 For example, Iowa City Daity Press, August 2, 1912. 63 Iowa State Census for 1905; Iowa City Republican Apr 27, 1904; Iowa City Daily Press, August 2, 1912. 69 Iowa City Press Citizen, Dec 28, 2009. Iowa City Press Citizen, Apr 29, 1972, 70 City Directories, Federal Census. 71 Property Transfer Records. 72 Iowa City Press Citizen, Dec 28, 2009 JULY 1, 2014 V 1.0 IOWA SITE INVD DORY FORM 14 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA �ffi%VMW0FCUMMB IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street I Des Molnes, IA 50359 (515) 281-8742 1 Far. (515) 282-0502 iewaculture.gov/hlstory/ preservation Name of Property: Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address 229 N Gilbert St Related District Number. City lava G Courtc Johnson Builders, Charles Hotz, a son of Jacob, was listed as an architect. However, there isn't any clear indication that Charles had gone to school or apprenticed as an architect. Hotz Contractors and Builders were a design -build firm as described in the associated context Building Construction and Design Industry of Iowa City (1840-1960). Table 1. Property Transfer Records Date Grantor Grantee Parcel Description Book Page Type 1881-07-18 F. Messner J.P. Dostal Lot 1 and partof Lot 2 1 146 unknown 1893-12-28 George Williams and others Barbara Hotz Lot 1 and part of Lot 2 1 146 unknown 1893-12-18 Barbara Hotz, guardian Ella M. Ries Lot land partof Lot 2 1 146 Guardian Sold to S. Hotz n.d.73 and C. Graf Lot 1 and part of Lot 2 1 146 unknown Clara 1898-04-08 Barbara Hotz, Widow Hohenschuh Lot 1, north 50 feet 1 146 Warranty Lot 1, a 15 foot strip Clara added to the north 50 1902-06-13 John P. Dostal Hohenschuh foot parcel 1 146 Warranty Mary Helen 1936-08-03 Clara Hohenschuh Harvat Lot 1, north 50 feet 1 148 Warranty Mary Helen [Hohenschuh] Mary E. 1949-04-08 Harvat & Husband Keating Lot 1, north 50 feet 3 58 Warranty 73 Entry appeared as a hand-written annotation below the previous entry on the same line of the record. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM is OF r o STATE HISTORIC PRESERVATION OFFICE OF IOWA MUMWIMffWCIrWRAr.A1�IRSA M IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE H19MIIC PRESERVATION OFFICE IOWA SIR INVENTORY 600 East Locust Street I Des Moines, B 50319 (515)281-8742 1 I;ax: (515) 282.0502 iowaculture govlhlstorvlpreservation Name of Property.. Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address; 229 N Gilbert St Related District Number. Gy Iowa Cit County.. Johnson Table 2. City Directory and Census Listings Year Residents 1897 Christian S. Hohenschuh74 1901 John P Dostal, Prop Dostal Brewery75 1911 Mrs. Fanny T. Foley, wid John; Elizabeth Foley, School Teacher 1912 Mary Cerny, wid John J. 1914 Mrs. Mary Cerney 1915 Christian S. Hohenschuh 76 1918 Eugene F.T. Cherry; Carrie L. 1919 Mrs. Clara Hohenschuh; Mary Hohenschuh 1920 Clara J. Hohenschuh; Mary H. Hohenschuh, Guy 0. Hoover (son-in-law), Loretta C. Hoover (daughter) 1922 Clara Hohenschuh; Mary Hohenshchuh 1924 Clara I. Hohenschuh; Mary Hohenshchuh, student SUI 1925 Clara I. Hohenschuh; Mary Hohenshchuh, follow-up clerk Univ. Hospital 1928 Clara Hohenschuh; Mary Hohenshchuh, clerk Arcade Bookstore 1930 Clara 1. Hohenschuh; Mary H. Hohenschuh, clerk Arcade Bookstore 1934 Clara I . Hohenschuh; Mary H. Hohenschuh, clerk SUI 1938 Helen Eddy; Seamon A. Lincoln 1940 Helen M. Eddy, Assit. Proff. SUI; Elmer E. Guggle; Bessie M. Guggle 1942 Helen M. Eddy, teacher, University High; Elmer E. Guggle; Bessie M. Guggle 1943 John Keating, janitor; Nellie Keating 1946 John Keating, cleaner SUI Hospital; Nellie Keating 1949 John Keating, janitor SUI Children's Hospital; Nellie Keating 1952 John Keating; Nellie Keating 1956 John Keating, janitor Towner's Dept. Store; Nellie Keating 1961 John Keating, janitor Towner's Dept. Store 1962 John Keating 1964 John Keating, retired 1970 Mary E Keating, nurse VA Hospital 74 Entry appears as 231 N Gilbert Street. 75 Note 6. 76 Christian was shown at both 229 and 225 N Gilbert Street in this year. Like the earlier entry of John Dostal, this may have indicated a rental vacancy in the given year. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 16 OF 4; STATE HISTORIC PRESERVATION OFFICE OF IOWA 104181DEI'14RTM UDFCULY RILMMINS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street I Des Moines, 1A 50319 (515) 281-5742 1 Fax. (515) 282-0502 lowiculture.gov/history/preservation Name of Property. Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address; 229 N Gilbert St Related District Number. City: Iowa City county. Johnson Bibliography History of Johnson County, Iowa, Containing a History of the County, and its Townships, Cities and Villages from 1836 to 1882. Iowa City: The Publishers, 1883. The Commercial Magazine. Chicago, III: Levytype Co, 1898. Aurner, Clarence Ray. Leading Events in Johnson County, Iowa, History. Cedar Rapids, IA: Western Historical Press, 1912. Bowers, M. St. Mary's Church and Rectory National Register of Historic Places form, 1979. Building Committee. Minutes of the Building Committee, vol. H. August 29, 1907, p.458, cited in . cited in Bates, Katherine V. History of the State University of Iowa: aspects of the physical structure. MA (Master of Arts) thesis, State University of Iowa, 1949. https:Hdoi.org/10.17077/etd.rjvn46v4. DeWitt, Jack. Vogt House National Register of Historic Places form, 1977. Ehrstine, Glenn. Beer Politics in Iowa. Hawkeye Lunch & Learn lecture, 2016, https://www.youtube. com/watch?v=Xo2vXb1B2Bc Germans in Iowa and the Global Midwest Exhibit, n.d. http://germansiniowa.lib.ulowa.edu/exhibits. Hone, C. Brandon, Smoldering Embers: Czech -German Cultural Competition, 1848-1948, MA (Master of Arts) Thesis, University of Utah, 2010. https://digitalcommons.usu.edu/etd/666 Iowa City and Her Businessmen, Iowa City: Moler's Printery, n.d., cited in Magnuson, Linda. Sheets and Company: an Iowa City builder/architect firm, 1870-1905. MA (Master of Arts) thesis, University of Iowa, 1980.httPS:Hdoi.org/10.17077/etd.xsel2k8z Iowa City Property Records. Iowa City, Iowa, Assessor's Office, 2019. https:// iowa city. iowaassesso rs. com. Salter, William. James Lee in The Iowa Historical Record vol 4-6. Iowa City: State Historical Society of Iowa. 1890. Jacobsen, James E. Boerner-Fry Company/Davis Hotel National Register of Historic Places form, 1982. Johnson County, Iowa, Assessor. Property Transfer Records for Lot 1, Block 58, Book 1 and Book 3. Long, Barbara and Ralph Christian. Jackson -Swisher House National Register of Historic Places form, 1982. McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2018. Onion, Rebecca. Did We Forget to Memorialize Spanish Flu because Women Were the Heroes? Slate Feb 18, 2019. htt ps://s late.com/technology/2019/02/Spanish-flu-women-nurses-heroism.htmI Sanborn Map Company. Iowa City, Iowa. New York: Sanborn Map Company, 1883, 1888, 1892, 1906, 1912, 1926, 1933, 1933 updated through 1948, and 1933 updated through 1947. Sanborn -Perris Map Company. Iowa City, Iowa. New York: Sanborn -Perris Map Company, 1892 and 1899 Slonnegar, Mary Beth. Small but Ours. Iowa City: Hand Press, 1999. Svendsen, Marlys. Historic Resources of Iowa City, Iowa. National Register of Historic Places Multiple Property Document form, 1992. MY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 17 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA 0% OF CI1U@RILI ff= IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTOMC PRESERVATION OFFICE IOWA SITE IMIENTORY 600 East Locust Street I Des Moines, IA 50319 (515)281-8742 i Fart (515)282-0502 imculture.govAistory/preservation Name of Property Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address: 229 N Gilbert St Related District Number. Qf- Iowa City CouRIy Johnson Architectural and Historical Resources of Original Town Plat Neighborhood (Phase II), 1845 —1945, amendment to Historic Resources of Iowa City, Iowa. National Register of Historic Places Multiple PropertV document form, 1999. JULY 1, 2014V 1.0 IOWA SITE INVENTORY FORM 18 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA IOWADEPA6 WfforpILTUIkRLIt NK IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 6D0 East Locust Street I Des Moines, IA 50319 (515) 281-8742 1 Fax (515) 282.4502 lowacultufe.gov/hlstofyipreservat]Dn Name of Property: Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address: 229 N Gilbert St Related Distdd Number. City: Iowa City county, Johnson Location Map E DAYMPORTST 211 �'23 3jg,. 24E?a9 ; r_ ...... 1 X10 _U9 324 3223 �7HC. t 322y � 14}i.0' •� 51 I± 813 x 317 z ;.1cu5 '111; 124i*7�di 211 �'23 3jg,. 24E?a9 ; r_ ...... 1 X10 _U9 324 3223 �7HC. 314 L ?e Iry :12M2 E 13" OMlNffrc N $T 223 ` - a?z � _ iFr2M 2?C�•11+5275 1223_ 2G12A'7' 7 x i�7A3t t 24E?a9 ; r_ ...... 1 X10 _U9 z Z 124 1 111 123° _ iFr2M 2?C�•11+5275 1223_ 2G12A'7' 7 x E DAVENPORT ST .re $ 31x-3'8.'2.1_9 _331 t1 tl� r21 425 796 923 3226 321 3",b 222 81r{jp BIG 77L01012 r'13 alyt X516 81f i r a rg r 2y1.1a C42d0 1 � au E aLOOMINGTON 8T all ,Aipy �a7P 2j�21+1�ti7 1i7 Q;z 71:2 I2U6206 V2 a'17 iz .'� t•' —_ H t r-^ ,301 i�7A3t 1... _ 24E?a9 ; r_ ...... 1 121 �7HC. i.__s215 14}i.0' •� - 1 7i5 2 �- E wAAMT ST w —_nom `.I#�•1 E DAVENPORT ST .re $ 31x-3'8.'2.1_9 _331 t1 tl� r21 425 796 923 3226 321 3",b 222 81r{jp BIG 77L01012 r'13 alyt X516 81f i r a rg r 2y1.1a C42d0 1 � au E aLOOMINGTON 8T all ,Aipy �a7P 2j�21+1�ti7 1i7 Q;z 71:2 I2U6206 V2 a'17 iz .'� t•' —_ H t r-^ ,301 i�7A3t 1... _ 326327;+,31 m 1 121 �7HC. '327 ,i2T � 14}i.0' •� - 1 7i5 2 �- E MARKET 6T 4'L 7 ` 1�i 471 i�7A3t 1... _ 1 121 a1w• - 1 Project Location, 229 N. Gilbert Street, shown at arrow. Source: Project Information Viewer, Geographic Information System Division of Johnson County, Iowa. JULY 1, 2014 V 1.0 IOWA SITE INVENI UKY I-UUKM 19 OF -, ; STATE HISTORIC PRESERVATION OFFICE OF IOWA IOYWi1119YiRYtMOFp IJIMAIRIRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 500 East Locust 5tteet I Res Moine5, U150319 (515) 281-8742 I Fax: (5 15) 282-0502 lowaculture.goWhistoryfpreservatlon Named Property: Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address: 229 N Gilbert St Related Ristrid Number. City Iowa City County. Johnson Site Plan 319 E BLOOMINGTON ST I inch = 37 feet Site Plan, 229 N. Gilbert Street. Lot 1 boundary shown as dashed line. Source: Project Information Viewer, Geographic Information System Division of Johnson County, Iowa. JULY 1, 2014 V 1.0 IOWA SITE INVDffORY FORM 20 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA IITPfAM1 ATIY W 0FgILHft AMRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE I OWA SITE INVENTORY 600 East locust Street I Des Maines, lA 50319 (515) 281-8742 t Fax: (515) 282-0502 lowaculture.gov/hlstDryipreservatlan Name of Property: Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address: 229 N Gilbert 5t Related Distract Number. City: Iowa My County Johnson Building Plan 1S FR EP i1 I 16 101 5 6 4 29 B A FR (MAIN] I�1 ' 30 44 31 S i 12 18 FF1 012 47 1 10 Building outline plan. Source: Iowa City Assessors Office •.o•r mrrrvrww..a no_K .w.rrnre �c.: K�r:.uewK. •eer:t�.�. �r.wx wi....wirr •• ..e.. s,v.. e.wrt 3 North Sanborn Fire Insurance Map, Iowa City, April 1906, Sheet 7 JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 21 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA wD3%tlwffwcUffMMvw IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 6D0 East locust Street I Des Moines, IA 50319 (515) 281-8742 l Fax (515) 2824502 iowamlture.govlhistorylpreservatlon Name of Property.. Christian and Clara Dostal Hohenschuh House Re Number. 52-03258 Address; 229 N Gilbert St Rebted District Number. City; Iowa City County.. Johnson rIEVLV A. LAWINW1, VlWWaUYLrlw C.1L W10'iPi7. nm vreiLLCl, MLmugrapner. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 22 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA IM DiPART1M M Clp]IIRUAIMRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street I Des Moines, [A 50319 (515)281-8142 I Fax (515) 282-0502 lowaculture,gov/history/ preservation Name of Property: Christian and Clara Dostal Hohenschuh House Site Number 52.03268 Address: 229 N Gilbert St Related District Number. City. Iowa City County. Johnson Photo 2. 52-03268-002 Exterior, View Northwest 2018-12-19. Tim Weitzel, Photographer. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 23 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA vffi FF14R1AItEMiOFCt11TtIBAI111M IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWASITE INVENTORY 60D East tocusl Street I Des Molnes, K 50319 (515) 281.8742 l Fax, (515) 282-0502 lowmIture.p/history/preseruatlon Name of Property. Christian and Clara Dostal Hohenschuh House Sift Number. 52-03268 Address: 229 N Gilbert St Related District Number, City: Iowa chy county.Jahnson Photo 3. 52-63268-003 Exterior, View Northeast 2618-12-19. Tim Weitzel, Photographer. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 24 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA Iowa MRSOT OF cuuuiA AMRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWASITE INVENTORY 600 East Locust S1relet 1 Des Molnes, IA 50319 (515) 281-8742 1 Fax (515) 281-0502 lowaculture.gov/history/ preservation Name of Property: Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address: 229 N Gilbert St Related District Number. cay: Iowa City County. Johnson pm ow LF _ I Photo 4. 52-03268-004 Exterior, ViewSoutheast 2018-12-19. Tim Weitzel, Photographer. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 25 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA f IXIMMI [OFslll2'OMLLAIMRs IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISFORIC PRESERVATION OFFICE IOWA SITE INVENTORY 6DO East locus" 5lreet Des Motmes, IA 50319 (515)41-0742 1 Fax: (515) 282-0502 lowaoilture.gov/history/preservation Name of Property: Christian and Clara postal Hohenschuh House Sh Number. 52-03268 Address: 229 N G11hert St Related District Number of. Iowa City Courtlr.Johnson Photo S. 52-03269-005 Front Porch Column Detail, View Southeast 2018-12-19. Tim Weitzel, Photographer. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 26 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA IONAm"61NiMi OF C1II11IR6Lli uld IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OMCE IOWA SITE INVENTORY 600 East Locust Street I Des Moines, IA 50319 (515) 281-8142 1 Fax: (515) 282-0502 iowaculture,gov/history/preservation Name of Property: Christian and Clara Dastal Hohenschuh House Site Number. 52.03268 Address: 229 N Gilbert St Related District Number. City: Iowa My County Johnson Photo 6. 52-03257-005 Entry Haft, View North . 2019-01-23. Tim Weitzel, Photographer JULY 1, 2014V 1.0 IOWA SITE INVENTORY FORM 27 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA tan9►� oFraltluxAl, IOWA SITE INVENTORY FORM - CONTINUATION SHEET NATE HISTORIC PRESERVATION OFFICE IOWASITE INVENTORY 600 East Locust Street l Des Molnes« IA 50319 (415) 281-8742 1 Fax (515) 282.0502 lowacul ture.gov/hlstoryi preservation Name of Properly. Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address; 229 N Gilbert St Relaied Dislact Number CO.. Iowa City County. Johnson Photo 7.52-03267-007 Stairwell Detail. 2019-01-23. Tim Weitzel, Photographer J ULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 28 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA_ ID4WIDEPAR11M01,BOQiIRALAFFIIrRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East I.ocusl Street I Des Molnm IA 50314 (515) 281-8742 1 Fax (515) 282-0562 lowaculture.gov/history/ preservation Name of Property: Christian and Clara DDstal Hohenschuh house Site Number. 52-03268 Address: 229 N Gilbert St Related District Number. City: lava Ci County. Johnson Photo 8.52-03267-008 Southeast Room, View Southeast. 2019-01-23. Tim Weitzel, Photographer JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 29 OF NATE HISTORIC PRESERVATION OFFICE OF IOWA I0M0iPA1CTMOFtRJUMALAI MIRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISMIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East Locust Street I Des Moines, IA 50319 (515) 281-8742 1 Fax (515) 282-0502 lmculture.gov/history/preservation Name of Property: Christian and Clara DaAal Hohenschuh House Site Number, 52-03268 Address, 229 N Gilbert St Related District Number. City; Iowa CityCourr Johnson Photo 9.52-03267-009 Southeast Room, View West. 2019-01-23. Tim Weitzel, Photographer JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 30 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA IDVWI WP&RTi41EHr UMMALAIM IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street I Des Moines, K 50319 (515) 281-8742 1 Fax: (515) 282-0502 lowaculturepv/history/preservation Name of Property: Christian and Clara postal Hohenschuh House Site Number. 52.03266 Address; 229 N Gilbert St Related District Number C*. Iowa City county Johnson Photo 10.52-03267-010 Fireplace Room View Southeast. 2019-01-23. Tim Weitzel, Photographer JULY 1, 2014111.0 IOWA SITE INVENTORY FORD 31 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA IOY G f'AR%WWftUiIR1L11>T" IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOVMSIiE INVENTORY 608 East Locust Street 1 Des Moines, LA 30319 (515)281-8742 1 Faz(515)282-0502 iowaculture,p/history! preservation Nameof Property: Christian and Clara 6ostal Hohensehuh House Sile Number. 52-03268 Address: 229 N Gilbert St Related District Number. City: Iowa CfN _ _ Caurty Johnson Photo 11. 52-03257-011 Fireplace Room, View East 2019-01-23. Tim Weitzel, Photographer. JULY 1, 2014 V 1.8 IOWA SITE INVENTORY FORM 3Z OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street I Des Molnes, IA 50319 (515) 2A1-8742 l Far. (515) 282-0502 iawaculture.gov/hlstory/preservation Name of Property. Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address, 229 N Gilbert $t Related District Number. City, Iowa City County., Johnson Photo 12. 52-03267-012 Fireplace Room, View West 2019-01-23. Tim Weitzel, Photographer. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FOW 33 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA 109p1 OEi'ARIN W ff C ULiiIBALAIMS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PIIaEItYATION OFFICE ionsmi INVENTORY 6DO East locust Street I Des Moines, IA 50319 (515)281-8742 1 M:(515)282-0502 Iowacul turepvftstor7/preservation Name of Propertyr Christian and Clara Dostal Hohenschuh House She Humber. 52-03268 Address: 279 N Gilbert St Related District Number. city. Iowa City courrty.Johnson Photo 13. 52-03267-013 Utility Winder Stair, View Southeast 2029-02-23. Tim Weitzel, Photographer. JULY 1, 2014 V 1.0 IOWA SITE IWINTORY FORM 34 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA IO4g1DUAR11iaEMi OF OUINRAMAIMIN IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street I Des Moines, K 50319 (515) 281-8142 1 Fax: (515) 282-0502 lawaculture.gov/history/preservation Name at Property: Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address: 229 N Gilbert St Rebted District Number, Ck lova ON County: Johnson Photo 14. 52-03267-014 Second Floor, Room in back wing, mew Southwest 2019-01-23. Tim Weitzel, Photographer. ;ULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 35 OF 40 STATE HISMIC PRESERVATION OFFICE OF IOWA IDY1h➢EPINt7141ENr 01'BI1RtfltIIL11f6ItR5 IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTiRt1C PRESERVATIQN QPFICE 10WASITE IWENMRY 600 East Locust Street I Des Molnes, K 50319 (515) 2814742 1 Fax (5 15) 282.0592 lowawlture,gov/history/preseruatlon Name of property: Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address; 229 N Gllbert St Rebted District Number. CRy: Iowa ON _ Caur4y;ohnson Photo 15. 52-03267-015 Second Floor, view down hail, View East 2019-01-23. Tim Weitzel, Photographer. JULY 1, 2014V 1.0 IOWA SITE INVENTORY FORM 36 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA IdNiA 0GV8TlVENi' OF M0M f1HR5 IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE. IWENTORY 600 East Locust Street I Des Maines, lA 56319 (515) 281-8742 1 Fax ( 515) 282-0502 'iowaculture.gov/hIsWry/presetvation Name of Propertq: Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 _ Address: 229 N Gilbert St Related District Number. Cqy: Iowa OtY [aunty: Johnson Photo 16.52-03267-016 Second Floor, Northwest Room, View North 2019-01-23. Tim Weitzel, Photographer JULY 1, 2014 V 1,0 IOWA SITE INVENTORY FORM 37 OF 40 STATE HISTORIC STATEHI510RIC PRESERVATION BICESTATE IOWA SIR INVENTORY PRESERVATION 600 East locust Street I ©es Moines, IA 59319 OFFICE OF IOWA (515) cultur 42 j FK ry/pr 2V-05serration ipwaQalturegovinlstorylpresenrat'san Kr4MI1RTtV1Qlr0FCUt1ftAFJ W IOWA SITE INVENTORY FORM -CONTINUATION SHEET Name of Property: Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address: 229 N Gilbert St Related District Number. city: Iowa City County Johnson k 'l i - � ill �l + Photo 17.52-03267-017 Second Floor, Southwest Room, View East 2019-01-23. Tim Weitzel, Photographer JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 38 OF STATE HISTORIC PRESERVATION OFFICE OF IOWA IgW91IX14 TIAMWgllTm11 uld IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street I Des Moines, IA 50319 (515) 281-8742 1 Fax, (515)282-0502 lowaculture.gov/history/preservation Name of Property: Christian and Clara Dostal Hohenschuh house Site Number. 52-03268 Address: 229 N Gilbert St Related District Number. [icy; Iowa City County. Johnson Photo 18.52-03267-018 Second Floor, main stairs, View Northeast 2019-01-23. Tim Weitzel, Photographer JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 39 OF 40 STATE HISTORIC PRESERVATION OFFICE OF IOWA ggIB1MA R MrWCUUURILiUMRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 Fast Wust Street I Des Moines, IA 50319 (515) 281.8742 1 Fax: (315) 282-0502 lowaculture.govthlstoryl preservation Name of property: Christian and Clara Dostal Hohenschuh House Site Number. 52-03268 Address: 229 N Gilbert St Related Distrid Number. . Cdy: Iowa Curr _cou*. Johnson Christian and Clara Dostal Hohenschuh Residence (52-03267), The Commercial Magarine, Vol. 1, No. 1,1898. JULY 1, 2014 V 1.0 IOWA SITE INVENTORY FORM 40 OF 40 The Historic Preservation Commission met on June 13, 2019 and conducted a public hearing at which they reviewed and evaluated the historic significance of the Hohenschuh-Hervert House. The Commission determined that the property meets the requirements for a landmark and voted to recommend approval of the designation of 225 North Gilbert Street as an Iowa City Historic Landmark. The building is significant because of its relationship to second -generation immigrant families in the Northside of Iowa City, the local tradition of architectural salvage and reuse, and being a well-preserved example of local design -builder craftsmanship. Staff recommends the approval of REZ19-06, an application to designate 225 North Gilbert Street as an Iowa City Historic Landmark and rezone from Community Business Service (CB -2) to Community Business Service with a Historic District Overlay (CB-2/OHD). Martin asked if the current owner is in favor of this historical designation. Hektoen noted the City is the owner of the property and perhaps will be sold under the UniverCity Housing program. Parsons opened the public hearing. Seeing no one, Parsons closed the public hearing. Signs moved to recommend approval of REZ19-06 an application designate 225 North Gilbert Street as an Iowa City Historic Landmark and rezone from Community Business Service (CB -2) to Community Business Service with a Historic District Overlay (CB- 2/OHD). Townsend seconded the motion. A vote was taken and the motion passed 6-0. CASE NO. REZ19-05: Applicant: City of Iowa City Location: 229 N. Gilbert Street An application submitted by the City of Iowa City for a rezoning of approximately 0.09 acres of property located at 229 N. Gilbert Street from Central Business Service District (CB -2) to CB -2 with a Historic District Overlay (CB-2/OHD). Heitner stated this house was owned by Christian and Clara Dostal Hohenschuh and built in 1897 as a Free Classic Queen Anne by Jacob J. Hotz, a broadly known, successful carpenter and businessman. With the design direction of his son, Charles Hotz, the two -and -a -half -story house was given a central hipped roof and lower cross gabled wings. This property, with its asymmetrical design and elaborate porch, was one of the few high -style houses built in the 1890s to survive from the Phase II Area. Christian and Clara Dostal Hohenschuh, the original owners of this property, were prominent figures of Iowa City society. The Hohenschuh's were part of the Northside Neighborhood immigrant communities as second -generation immigrants. Jacob J. Hotz was also a second- generation immigrant and interacted with the Northside German Immigrant Community. The house has relationships with other notable Iowa Citians, the most prominent being Mary Keating, a second -generation Irish immigrant, who was important in the history of the Veterans Administration Hospital. In terms of satisfying direct goals in the Comprehensive Plan Goal 1 b.calls for the Northside Marketplace calls for the protection of historic buildings. The Historic Preservation element of the Comprehensive Plan has two goals that relate to this proposal. Goal 1: Identify historic resources significant to Iowa City's past and Goal 10: Adopt strategies that preserve historic neighborhoods, and in particular, the Gilbert -Linn Street neighborhood. Specifically, Objective 5 of Goal 1 is satisfied by means of the nomination and pursuit of Local Landmark designation. The Historic Preservation Commission met on June 13, 2019 and conducted a public hearing at which they reviewed and evaluated the historic significance of the Christian and Clara Dostal Hohenschuh House. The Commission determined that the property meets the requirements for a landmark and voted to recommend approval of the designation of 229 North Gilbert Street as an Iowa City Historic Landmark. The building is significant because of its relationship to second - generation immigrant families in the Northside of Iowa City. Staff recommends the approval of REZ19-05, an application to designate the Christian and Clara Dostal Hohenschuh House at 229 North Gilbert Street as an Iowa City Historic Landmark and rezone from Community Business Service (CB -2) to Community Business Service with a Historic District Overlay (CB-2/OHD). Parsons opened the public hearing. Seeing no one, Parsons closed the public hearing. Signs moved to recommend the approval of REZ19-05, an application to designate 229 North Gilbert Street as an Iowa City Historic Landmark and rezone from Community Business Service (CB -2) to Community Business Service with a Historic District Overlay (CB-2/OHD). Motion seconded by Baker. Dyer noted it is stated in the documents the City is working with potential new owners for the future use, potentially as commercial properties. A vote was taken and the motion passed 6-0. CONSIDERATION OF MEETING MINUTES: JUNE 6. 2019 Signs moved to approve the meeting minutes of June 6, 2019. Townsend seconded. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Heitner noted the Commission agreed upon meeting at 5:30pm on Wednesday, July 3rd, if a meeting on the 3rd is necessary. Staff intends to let the Commission know early next week if a meeting on the 3rd will be required. 1p,�2 Prepared by: Jade Pederson, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; (REZ19-05) Ordinance No. Ordinance rezoning approximately 0.09 acres of property from Central Business Service (CB -2) to CB -2 with a Historic District Overlay (CB-2/OHD) for property located at 229 North Gilbert Street (REZ19-05). Whereas, the applicant, the City of Iowa City, has requested a rezoning of property located at 229 North Gilbert Street from Central Business Service (CB -2) to Central Business Service with a Historic District Overlay (CB-2/OHD); and Whereas, the Comprehensive Plan encourages the preservation of historic buildings; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, Goal 10 of the Historic Preservation component of the Comprehensive Plan calls for the adoption of strategies to preserve historic neighborhoods, in particular, the Gilbert -Linn Street neighborhood; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark Designation and has found that it meets the criteria for landmark designation in its significance to American and/or Iowa City's history, architecture, archeology and/or culture, as well as its possession of integrity of location, design, setting, materials, and/or workmanship, and is associated with events that have made a significant contribution to the broad patterns of our history and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning and has found that it is consistent with the Comprehensive Plan goals of preserving historic resources; 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 Central Business Service (CB -2) to Central Business Service with a Historic District Overlay (CB -2 / OHD): The North Fifty Feet of Lot One (1), Block Fifty -Eight (58), in Iowa City, Iowa, according to the recorded plat thereof. Section Il. 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 Ordinance No. Page 2 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 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. Passed and approved this day of 20_. Mayor City Clerk Approved by: Cify 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: Cole Mims Salih Taylor Teague Thomas Throgmorton that the First Consideration 07/16/2019 Voteforpassage: AYES: Taylor, Teague, Thomas, Throgmorton,Cole, Mims. NAYS: None. ABSENT: Salih. Second Consideration _ Vote for passage: Date published Item Number: IOx. +r p- W�rm�M CITY O� IOWA CITY www.icgov.org July 16, 2019 Ordinance amending Title 14, Zoning Code, to modify the provisional and special exception approval criteria regarding the distance separation between fuel dispensing equipment and residential zones for quick vehicle services uses. (ZCA19-01) (Second Consideration) /_1ii_Ta:ILTi 14011& I Description Supplemental Memo to Council Memo from Iowa City Fire Department Staff Report with Attachments 7-10-19 Email from Keith Weggen Planning and Zoning Commission Minutes (06.06.2019) Text Amendment - Ordinance Aisha Kazembe - follow up letter on the last City Council meeting (.'frami� mom CITY CITY OF IOWA CITY CITY OF IOWA CITY UNESCO CITY of UTE.T.RE MEMORANDUM Date: July 16, 2019 To: City Council From: Ray Heitner, Associate Planner Re: Supplemental Memo Re: Amendment to Title 14, Zoning of the Iowa City Code Related to the Separation Distance Requirement for Quick Vehicle Service Uses (ZCA19-1) Background The following memo is intended to provide supplemental information to the City Council regarding the proposed amendment to Title 14, related to the separation distance requirement for Quick Vehicle Service Uses (ZCA19-1). The memo will provide background information on the extent of federal, state, and local regulation of quick vehicle service uses (gas stations). Research on peer recommendations for local governments will be briefly discussed. Finally, a summary of alternative amendments staff considered will be outlined, with reasons why staff chose not to pursue these options highlighted. Gas Station Overview and Regulation General Concerns — Gas Stations Gas Stations can pose some hazards to people that are in proximity to the station. People who live or work near a gas station may be exposed to toxic chemicals in the air, soil, and drinking water.' As people fill up their gas tanks, diesel fuel or gasoline can drip from the nozzle onto the ground, and vapors may leak from the open gas tank into the air. These activities can lead to air pollution and soil pollution. Air pollution is created when fuel evaporates, emitting toxic fumes, and through running motor vehicle exhaust. Underground tanks that rust or leak can also release contaminant into surrounding areas. Federal Regulation - EPA Regulation of gas stations under the Environmental Protection Agency (EPA) are primarily focused on the placement and usage of Underground Storage Tanks (UST's), and the regulation of fuel and fuel additives in motor vehicles. The EPA allows for state level enforcement of UST regulations, which are in many cases, more stringent than federally imposed regulations. In Iowa, the Department of Natural Resources (DNR) enforces UST regulation .2 This regulation is primarily concerned with ensuring that tank systems, such as those commonly used at standard gas stations, meet minimum design and construction standards. All new tank systems must meet these standards upon station construction. In the 1990's, The United States Clean Air Act required many ozone nonattainment areas to adopt Stage II recovery systems at their gasoline -dispensing facilities. Since 2006, all new vehicles and trucks have been equipped with onboard refueling vapor recovery (ORVR) systems for capturing gasoline ' https://toxtown.nlm.nih.gov/sources-of-exposure/gas-station 2 https://www.iowadnr.gov/Environmental-Protection/Land-Quality/Underground-Storage-Tanks July 11, 2019 Page 2 vapors during refueling. Iowa is one of 19 states that does not require any form of Stage II recovery systems at its gasoline -dispensing facilities. However, in 2012, the EPA issued a final ruling stating that since ORVR is now in widespread use, all states and regions with Stage II recovery systems in place have the option of removing these programs from their state implementation plans.3 The EPA's regulation of fuel is intended to reduce pollutants in gasoline such as sulfur, benzene, and other hydrocarbons, and to reduce toxic emissions from fuel burned by cars and trucks.4 These regulations are directed toward gasoline refineries and vehicle manufacturers, not toward individual gas stations. More specifically, the EPA's Tier 3 Motor Vehicle Emission and Fuel Standards, adopted in 2017, projects to reduce tailpipe emissions from light-duty vehicle, light-duty truck, and medium -duty passenger vehicles by 80% once standards are fully phased -in with vehicle manufacturers by 2030. Heavy-duty vehicle tailpipe emissions standards for NMOG+NOX (non -methane organic gas and nitrogen oxide) and PM (particulate matter) are projected to be 60% lower than current emissions standards .5 State Regulation — Department of Agriculture The Iowa Department of Agriculture, Weights and Measure Bureau, is tasked with state -level regulation of fuel quality assurance and licensing of commercial meters for fuel pumps.6 The Fuel Quality Assurance Program, run by the Department, ensures that all motor fuels sold in Iowa meet minimum standards that are defined in the Iowa State Code and the American Society for Testing and Materials.' Testing for fuel standards is conducted at pipeline terminals and at biofuel production facilities, long before the fuel is transported to individual gas stations.$ Local Regulation — International Fire Code; Title 14 of the Iowa City Code (Zoning Code) In Iowa City and other municipalities, regulation of gas station UST's and fuel dispensing devices (pumps) is achieved through International Fire Code, with supplemental regulation from the municipal zoning code. Matters pertaining to fire safety hazards are regulated through the International Fire Code. In general, the zoning code is a complimentary regulation, intended to minimize negative quality of life impacts that might occur due to proximity to gas stations and point source emissions. As was outlined in the previously submitted memo from Fire Marshall Greer, the International Fire Code only requires a 10 -ft. separation distance between fuel dispensing devices and lot lines.9 In certain cities that have adopted the International Fire Code, this might be the only distance requirement that stations need abide by. Many cities choose to impose additional separation requirements above and beyond what is required by the Fire Code. Staff's analysis found a wide range of additional distance requirements between fuel pumps and residential lot lines, but most distance requirements were between 25 ft. and 50 ft. 3 http://www.sourcena.com/solutions/stage-ii-decommissioning/ 4 https://www.epa.gov/gasoline-standards/learn-about-gasoline 5 https://www.govinfo.gov/content/pkq/FR-2014-04-28/pdf/2014-06954.pdf s https://iowaagriculture.gov/weights-and-measures-bureau/fuel-quality-assurance-program https://www.fueliowa.com/fuel laws-and-regulations.cfm $ http://www.iowafuellab.com/fag.asp 9 "2019 P Z Memo — Amendment to Title 14 of the Iowa City Code. Greer, Brian, (2019). July 11, 2019 Page 3 A recent study conducted by the California Air Pollution Control Officers Association (CAPCOA) estimated losses during UST filling of 0.11 pounds per gallons dispensed at the pump per 1,000 gallons pumped. Based on CAPCOA emission estimates, the California Air Resources Board (CARB) determined their setback regulation of 300 feet from large gas stations (defined as a facility with a throughput of 3.6 million gallons per year or greater).10 CARB recommends a separation of 50 ft. for typical gas dispensing facilities." The proposed volume for the Kum & Go renovation would fall well below 3.6 million gallons per year, and would align with CARB's recommendation for a 50 -ft. separation. Other Amendments Considered Stations Undergoing Redevelopment in CN -1 Zones When staff began its analysis of the proposed renovation of the Kum & Go gas station on Mormon Trek Blvd., the existing regulation in 14 -4B -4B -12C, mandating a 100 -ft. separation distance between fuel dispensing devices (pumps) and residential zones, appeared to be one of the primary impediments to redevelopment. Staff, finding no historical basis for the 100 -ft. separation distance, in addition to finding very few peer cities with such a stringent distance requirement, began thinking of potential amendments to the existing code that might provide a more rational basis for accommodating development or redevelopment of gas stations on lots with smaller geographic footprints. Staff's initial proposal was to examine the possibility of allowing the Board of Adjustment to grant a reduced separation distance requirement for gas stations that are redeveloping in CN -1 (Neighborhood Commercial) zones via special exception. The purpose of the CN -1 zone is to promote smaller, neighborhood scale commercial uses that develop in proximity to nearby residential areas. Given this objective, it is reasonable to assume that most commercial uses within a CN -1 zone will be situated on smaller parcels, with residential uses adjacent to the rear, and possibly side yard areas. This unique geographic setting makes accommodation of the existing 100 -ft. separation distance requirement difficult to meet in most CN -1 zoned parcels. Staff recognized the ongoing potential difficulty that developing gas stations within CN -1 zones might encounter, and thought that an amendment geared toward redevelopment of existing gas stations within CN -1 zones might be appropriate. When this proposal was discussed further, it was determined that a zone -specific amendment allowing for a reduction in the fuel dispensing device separation distance requirement might not be beneficial for the following reasons. First, the notion of allowing a reduction in the separation distance requirement in one zone versus all zones seemed odd, and perhaps inequitable, to staff upon further review. Assuming that the separation distance requirement is in place to maintain a standard of community health, safety, and welfare; why should one residential zone be subjected to a sub -standard, while the rest of the community is guarded by a more restrictive standard? Second, without a base distance requirement to meet, staff was concerned with how the Board of Adjustment would apply a uniform and objective review of potential applications for CN -1 distance reductions. Third, a special regulation for CN -1 zones would create another potential layer of complexity for both plan reviewers and the Board of 10 https://www.mailman.columbia.edu/public-health-now/news/gas-stations-vent-far-more-toxic-fumes-previously- thought 11 https://ww3.arb.ca.gov/ch/handbook.pdf July 11, 2019 Page 4 Adjustment. Harkening back to the first point, the questions of how and why should CN -1 distance reduction applications be treated different from properties in other residential zones persists. Abiding by the IFC Mandate for a Separation Distance Requirement Staff's peer research found that some cities do not have any additional separation distance requirement between fuel dispensing devices and residential zone boundaries. From the perspective of the International Fire Code, a 10 -ft. separation distance between fuel pumps and lot lines is sufficient. Ultimately, staff decided that a potential reduction from the current 100 -ft distance requirement to as little as 10 -ft. would be too extreme. As mentioned before, additional requirements in the zoning code that are written to go above and beyond what is prescribed in the Fire Code are intended to limit the extent of negative externalities, such as noise, fumes, headlights, etc., associated with being in proximity to more intense uses such as gas stations. Given what staff found in its research of peer communities, a data driven approach showed that a 50 -ft. separation distance requirement would be an appropriate recommendation. Closing Staff believes that the proposed text amendment allows for development of gas stations in a manner that more closely resembles development standards seen in peer cities. By maintaining a separation distance requirement above and beyond what is required by the International Fire Code, staff can ensure that negative externalities associated with proximity to gas stations can be minimized, but that the Board of Adjustment can apply a baseline standard of 50 -ft. when considering applications for quick vehicle service uses. Peer research on the issue of estimating vapor losses from gas stations support a separation distance requirement of 50 ft. for typical gas stations. There is reason to believe that measures currently taken by the EPA, and enforced by state entities, will help to alleviate some of the ongoing concerns for the safety of those that live and work in proximity to gas stations. Full implementation of the EPA's Tier 3 Motor Vehicle Emission and Fuel Standards by the year 2030 will significantly reduce tailpipe emissions by 60% - 80%, depending on the vehicle. Finally, staff views the proposed text amendment as providing the minimum amount of change necessary to allow for the redevelopment of the Kum & Go gas station located on Mormon Trek Blvd. A zoning code amendment that is tailored toward one specific zone to reduce separation distance requirements is difficult to justify, when residents in all other zones can appreciate a greater setback standard. Based on a review of the characteristics of gas station development in Iowa City, it is unlikely this code change will result in an influx of new gas stations within neighborhoods. Approved by: !1 1 • %+-1,-- Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services Iowa City Fire Department 410 E. Washington Street — Iowa City, IA 52240-1821 Phone: 319.356.5260 www.icgov.org To: City Council- Iowa City From: Brian Greer, Fire Marshal Date: 6/27/19 Subj: Memo Regarding Proposed Changes to Title 14 of the City Code Regarding the proposal by City Planners to enact a change to Title 14 of the City Code referring to fuel dispensing equipment, the fire department agrees to the change in language lessening the separation distance to residential zone boundaries. The current language in the City Code calls for a separation distance of 100 feet, but the origin of this distance requirement is not based off the International Fire Code (IFC) which is the adopted fire code for the City. Section 2303 of the 2018 IFC, titled Location of Dispensing Devices, reads as follows: 2303.1 Location of dispensing devices. Dispensing devices shall be located as follows: 1. Ten feet (3048 mm) or more from lot lines. 2. Ten feet (3048 mm) or more from buildings having combustible exterior wall surfaces or buildings having noncombustible exterior wall surfaces that are not part of a 1 -hour fire -resistance -rated assembly or buildings having combustible overhangs. Exception: Canopies constructed in accordance with the International Building Code providing weather protection for the fuel islands. 3. Such that all portions of the vehicle being fueled will be on the premises of the motor fuel -dispensing facility. 4. Such that the nozzle, where the hose is fully extended, will not reach within 5 feet (1524 mm) of building openings. 5. Twenty feet (6096 mm) or more from fixed sources of ignition An amendment to the 2018 IFC, Section 5704.2.11.1 also states that a minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary. Fuel storage at these occupies are historically underground installations. The proposal to change the distance from 100 feet to 50 feet does not contradict with any code requirements in the IFC and will not interfere with any code enforcement or response protocols that the fire department follows. The fire department has no disagreement on this change request of the City Code. A ,�,�; CITY OF IOWA CITY MEMORANDUM CITY OF IOWA CITY UNESCO CITY OF LITERATURE Date: June 6, 2019 To: Planning and Zoning Commission From: Ray Heitner, Associate Planner Re: Amendment to Title 14, Zoning of the Iowa City Code Related to the Separation Distance Requirement for Quick Vehicle Service Uses (ZCA19-1) Background Staff recently received a site plan concept for redevelopment of the Kum & Go gas station, located at 955 Mormon Trek Boulevard. This proposal would require a special exception to be reviewed and approved by the Board of Adjustment. There are several approval criteria that must be met as part of the special exception, including a requirement that the fuel dispensing equipment be located at least 100' from any residential zone. The Kum & Go was originally established prior to the City's separation distance requirements. The Kum & Go does not currently meet the 100' separation distance requirement and due to the constraints of the site meeting that standard is not feasible. Therefore, staff would like the Commission to consider rationale for a text amendment that would allow for a shorter separation distance between fuel dispensing devices and residential zone boundaries. Summary of Current and Proposed Regulations Section 14-413-413-12C of the City Code currently states that, "Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way and at least one hundred feet (100') from any residential zone boundary, except in the CB -2 zone. In the CB -2 zone, fuel dispensing equipment must be set back at least ten feet (10') from any street right of way and at least seventy feet (70') from any residential zone' boundary." Staff is requesting that the Commission consider recommendation of the following text amendment: Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. exGep+ ;R the GB 2 ZE)no In the GB 2 ZGRe, fuel dispeR i - . . . BF)t must be set baGk at least ten feet (10') frern any street rig4t-of way and at least seveRty feet (70') from aRy resideRtial ZE)Re bouRdary. While the current separation distance requirement of 100' in commercial zones that allow quick vehicle servicing uses can usually be met, this requirement may be difficult to meet in Central Business District and Neighborhood Commercial zones. Furthermore, research from peer cities shows that Iowa City's current separation distance requirements are significantly higher than what is required in most other cities. Lastly, there is a mismatch between the zoning code (70' — 100) and International Fire Code ' Residential zones include all single-family zones (e.g. RS -s) and all multi -family zones (e.g. RM -12). Not included all zones that allow a mix of uses, such as the mixed-use zone and the RiverFront Crossings zones. May 31, 2019 Page 2 (10') in terms of what is required for separation distance between fuel dispensing devices and residential zone boundaries. Basis for Existing Separation Distance Requirement Staff has not been able to find the origin of the existing 100' separation distance requirement between fuel dispensing equipment and residential zone boundaries. The following excerpt from 14-51-1-813 of the City Code references a 100' separation distance requirement for aboveground storage tanks, "However, for aboveground storage tanks of two -hundred seventy-six (276) gallons' capacity or more, the minimum distance between such aboveground tanks and any residential zone boundary must be at least one hundred (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 fifty feet (50')." While the language from this excerpt might suggest that a similar 100' separation distance requirement for fuel dispensing equipment is necessary, fuel dispensing equipment and aboveground storage tanks are two different entities. Fuel dispensing equipment merely refers to gas pumps, and not bulk storage of the fuel (above or below the surface). Best Practices Elsewhere When examining a similar distance requirement among peer cities in Iowa and other cities nationwide, staff identified the following data and trends. Cities address this issue in several ways, with codified results varying substantially. Some cities choose not to address this issue within their respective zoning ordinances, likely choosing to let an adopted code such as the International Fire Code or Code for Motor Fuel Dispensing Facilities and Repair Garages address what distance requirements might be necessary to ensure nearby resident safety. Other cities do choose to address the issue within their zoning ordinances. The chart below shows a range of sampled cities that use the same standard of measurement that Iowa City uses in its zoning code (distance between fuel dispensing device and residential zone boundary). Peer Cities Analysis - Pump Distance to (R) Zone 250 200 150 100 50 / • • 0 Figure 1 Iowa City O May 31, 2019 Page 3 As is shown in Figure 1, Iowa City's requirement of 100' is at the higher end of what is required nationally, and nearly doubles the sample's median requirement distance of 50'. Figure 2 below provides an overview of the sample cities selected, that share Iowa City's method of measuring distance from fuel dispensing device to residential zone boundary. Staff's research found varying methods of codification on this issue among cities in Iowa as well. Staff could not find a pump distance requirement for Cedar Rapids or Ankeny, though Ankeny has adopted an additional Fuel Gas Code for regulation. Some cities, such as Ames, only regulate from the station canopy to the nearest right-of-way line. Ames' regulation is a 10' separation distance from the station canopy to the nearest right-of-way line. Cities in Iowa that do measure the separation requirement in a manner similar to Iowa City, include Dubuque and Cedar Falls, whose distance requirements are 20' and 25' respectively. City/County Pump Distance to (R) Zone (ft.) Nampa, ID 12 Dubuque, IA 20 Cedar Falls, IA 25 Auburndale, FL 25 Wilmington, NC 40 Staunton, VA 50 Woodbridge, CT 50 Williamson County, TN 50 Surprise, AZ 75 Montgomery County, PA 80 Iowa City, IA 100 Peoria, AZ 200 Wethersfield, CT 200 Data Summary: Average (All) 71 Average (WO 200' Outliers) 48 Median (All) 50 Median (WO 200' Outliers) 50 Mode (All) 50 Mode (WO 200' Outliers) 50 Figure 2 Adherence to the International Fire Code Upon consulting with the City Fire Department, it was discovered that section 5704.2.11.2 of the 2018 International Fire Code only requires a 10' separation distance between fuel dispensing equipment and a residential zone boundary. As it pertains to safety of adjacent residents, the International Fire Code surmises that this 10' separation distance requirement is all that is necessary. However, it is reasonable May 31, 2019 Page 4 to assume that cities that impose an additional separation distance requirement within their zoning codes, do so to enhance the general welfare of adjacent residents. Zones that Currently Allow Fuel Stations Quick Vehicle Servicing Uses (fuel stations), are allowed as a provisional use or via special exception in the commercial zones shown in the table below. Zones that allow a Quick Vehicle Servicing Use as a provisional use, are allowed by administrative approval, provided that the additional provisional use criteria (see Attachment 1) are met. A zone requiring a special exception must meet the same additional criteria, and must also be approved by the Board of Adjustment before any building permits are obtained. Use Categories Quick vehicle servicing uses Figure 3 CO- CN- CH - Subgroups 1 1 1 CIA S PR PR/S CB - CC -2 C13-2 C13-5 10 MU FPRIS PR/S FPR/S 1W M] Analysis of Separation Distance between other Fuel Stations and Residential Zones in Iowa City Staff conducted an analysis of fuel stations within Iowa City and took an approximate measurement of the separation distance between the fuel station canopies and the nearest residential zone. Because staff was only able to perform this analysis using GIS aerial images, a measurement from the actual fuel pumps was not available. Of the twenty gas stations analyzed in Iowa City (see Attachment 2), only three stations have canopies within 100' of a residential zone. Two of these stations, L&M, located at 504 E. Burlington St. and Casey's, located at 204 N. Dubuque St., have been around for several decades, and likely predate the current ordinance requiring a 100' separation distance. The third gas station that was found to be within 100' of a residential zone is the Kum & Go located at 955 Mormon Trek Blvd. This property is zoned Neighborhood Commercial (CN -1). Because the intended purpose of neighborhood commercial zones is to place commercial entities within a neighborhood setting, many commercial entities in CN -1 zones are naturally going to be located in closer proximity to residential uses. Still, staff's analysis found that the majority of active fuel stations in Iowa City are in commercial zones and located well over 100' from any residential boundary. Potential New Locations for Fuel Stations Adjacent to Residential Zones The map below shows parcels throughout the City that have a zoning designation which allows a quick vehicle service use (as a provisional use or as a special exception) and are located within 100' of a residential parcel. The majority of potential future parcels are clustered near S. Gilbert St., Highway 6, or Dodge St. There are a few potential parcels situated among neighborhood commercial (CN -1) or community commercial (CC -2) clusters. These clusters can be found in the Towncrest area, along Rochester Ave. and 1St Ave., and in the Mormon Trek Blvd. and Benton St. area. May 31, 2019 Page 5 Figure 4 Rationale for Text Amendment As stated before, the majority of quick vehicle service stations in Iowa City are in commercial or industrial zones, and are either surrounded by other commercial or industrial zoned properties, or are equipped with abundant acreage to satisfy the current 100' separation distance requirement. Staff does not believe this text amendment will affect the site design of gas stations that choose to locate in commercial and industrial zones in the future. However, the separation distance requirement as currently administered, does place an inherent strain on gas stations which might choose to locate in denser areas of the city, if located near a residential zone. When looking at peer cities for comparative regulation on this matter, staff found that most cities, if they even require a separation distance between fuel dispensing devices and residential zones, have a requirement equal to or less than 50'. In addition, the proposed amendment will provide a separation distance that is consistent across all commercial zones, as opposed to the current structure which requires 100' in most zones and 70' in the CB -2 zone. Based on the research and analysis conducted, staff finds that 50' is an appropriate separation distance between fuel dispensing devices and residential zones. Furthermore, this amendment will allow for the redevelopment of the Kum & Go located at 955 Mormon Trek Blvd, which will result in an improved site with better access. May 31, 2019 Page 6 Next Steps Pending recommendation of approval from the Planning and Zoning Commission, the City Council must also approve the proposed text amendment. Upon codification, the amendment will also be addressed and explained at an upcoming Board of Adjustment meeting. Recommendation Staff recommends that the Planning and Zoning Commission approve the following proposed text amendment to 14 -4B -4B -12C: Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. except in the GR_7 zene. e GI3 2 zene, fuel dispens' - . . . Rt must be set baGk at least ten feet (10') fFem aRY stFeet Fig4t--9f way anal at least seventy favi (70') frem any residential zone heundar y Attachments: 1. Draft Text Amendment 2. Iowa City Gas Station Analysis Approved by: .s Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 14 -4B -4B-12 — Text Amendment 12. Quick Vehicle Servicing: a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and service lanes, must be screened from the public right of way to the S2 standard and to the S3 standard along any side or rear lot line that abuts a residential zone boundary. (See chapter 5, article F, "Screening And Buffering Standards", of this title.) b. Sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle conflicts along abutting streets. c. Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. exEept i +h GE3 2 zone. in the GB 2 zeRe, fuel dos, . - . . Pment must be set baGk at least ten feet (10') frern any StFeet right f way and at least seventy nn') frern any residential zone boundaFy-.-PROPOSED d. All lighting must comply with the provisions of chapter 5, article G, "Outdoor Lighting Standards", of this title. e. In the CN -1, CB -2, and CB -5 zones, the proposed use will be designed and developed with adequate separation and screening between vehicular use areas and adjacent residential zones. f. In the CN -1, CB -2, and CB -5 zones, car washes may contain no more than one bay and are permitted only if built in conjunction with another quick vehicle servicing use. The car wash must be located adjacent to and on the same property as the other quick vehicle servicing use and must be set back an adequate distance and screened to the S3 standard along any side or rear lot line that abuts a residential zone boundary. g. In the CN -1 zone, no light source on the property, except for internally lit signs, shall be higher than fifteen feet (15) above finished grade. (Ord. 13-4520, 4-9-2013) h. For properties located in the towncrest design review district, quick vehicle servicing uses are only allowed by special exception and must comply with the central business site development standards, as they would be applied to a property in the CB -5 zone, except as otherwise allowed by subsection B12j of this section. (Ord. 14-4586, 6-3-2014) i. For properties located in the riverfront crossings district and eastside mixed use district, quick vehicle servicing uses are only allowed by special exception in certain locations and must comply with the standards set forth in chapter 2, article G, "Riverfront Crossings And Eastside Mixed Use Districts Form Based Development Standards", of this title. For properties located in the CB -2 zone, CB -5 zone, riverfront crossings district, eastside mixed use district, or towncrest design review district, where it can be demonstrated that the proposed quick vehicle servicing use cannot comply with a specific standard as indicated in subsections B12h and 131 2i of this section, the board of adjustment may grant a special exception to modify or waive the provision, provided that the intent of the development standards is not unduly compromised. The board of adjustment may impose any condition or conditions that are warranted to mitigate the effects of any variation from these development standards. (Ord. 16-4675, 9-20-2016) Iowa City Gas Station Separation Distance Analysis Station: Address: Zoning: Nearest Residential Zone Distance (Canopy to parcel): Nearest Residential Zone Distance (Canopy to structure): Nearest Residential Zone Kum & Go 955 Mormon Trek Blvd. CN-1 65' 142' RS-12 Phillips 66 2580 Naples Ave. SW CC-2 Well over 100' Well over 100' (JC) RUA BP 2410 Mormon Trek Blvd. CC-2 218' 274' RM-12 Casey's 1410 Willow Creek Ct. CI-1 115' 195' RM-12 BP 525 Hwy. West 1 CC-2 Well over 100' Well over 100' RS-8 Kum & Go 731 S. Riverside Dr. CC-2 148' 158' RS-8 Hy-Vee Gas 260 Stevens Dr. CI-1 Well over 100' Well over 100' RS-12 BP 1905 Keokuk St. CC-2 306' 333' RS-5 Casey's 1904 Broadway St. CC-2 150' 188' RM-44 BP 1920 Lower Muscatine Rd. CC-2 Well over 100' Well over 100' RS-5 Kum & Go 1310 S. Gilbert St. CI-1 Well over 100' Well over 100' RS-5 BP 206 E. Benton St. CI-1 Well over 100' Well over 100' RS-5 Kum & Go 25 W. Burlington St. RFC-SD Well over 100' Well over 100' RM-44 Kum & Go 323 E. Burlington St. RFC-SD 100' 123' RM-44 L&M 504 E. Burlington St. EMU 77' 91' RM-44 Casey's 204 N. Dubuque St. CB-5 83' 112' PRM Hy-Vee Gas 1103 N. Dodge St. CC-2 175' 192' RS-8 Sinclair 2153 ACT Cir. CH-1 Well over 100' Well over 100' RR-1 BP 2221 Rochester Ave. CN-1 130' 240' RS-5 BP 1370 Scott Ct. CN-1 136' 168' RM-12 *Measured from canopy Raymond Heitner From: Anne Russett Sent: Thursday, July 11, 2019 10:48 AM To: Raymond Heitner Subject: FW: 1053 - Kum & Go - Council Meeting Last Night From: Keith Weggen [mailto:KeithW@cda-eng.com] Sent: Wednesday, July 10, 2019 5:38 PM To: Anne Russett <Anne-Russett@iowa-city.org> Cc: Britni Andreassen <Britni.Andreassen@kumandgo.com>; Siobhan Harman - Kum & Go (Siobhan.Harman@kumandgo.com) <Siobhan.Harman@kumandgo.com> Subject: FW: 1053 - Kum & Go - Council Meeting Last Night Anne, As you likely are aware, there was some discussion at last week's Council meeting regarding separation distances and fuel vapors as they relate to the proposed text amendment. Below is some information relative to that discussion that we thought would be helpful to share and aid in that discussion. Please feel free to share and forward to others involved. Keith Weggen, ASLA I project manager CIVIL DESIGN ADVANTAGE LLC 3405 SE Crossroads Drive, Suite G Grimes, IA 50111 o 515.369.4400 f 515.369.4410 c 515.313.5445 KeithW(@CDA-enq.com www.CDA-eng.com `,A Please consider the environment before printing this email. This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information which is proprietary, privileged or confidential. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. From: Siobhan Harman[mailto:Siobhan.Harman@kumandgo.com] Sent: Wednesday, July 10, 2019 10:34 AM To: Keith Weggen <KeithW@cda-eng.com>; Britni Andreassen<Britni.Andreassen@kumandgo.com> Subject: FW: 1053 - Kum & Go - Council Meeting Last Night Hello Keith and Britni: We asked our environmental consultant to do some research based on the Council discussion last week. Below is some information. After going through the below information and based on Iowa City's fire code being 10', 1 wonder if the 100' is a typo and it should have been 10' to be consistent. Ultimately neither EPA or IDNR dictate where UST systems can be sited when it comes to residential areas. Environmental Protection Agency (EPA) — EPA delegates UST regulatory authority to approved state programs (Of which IA has an approved state program). States are the primary implementers of the UST program and may have requirements more stringent than the federal regulations. None of EPA's UST rules in 40 CFR part 280 deal with the siting of UST systems. HEALTH PERSPECTIVE(https://ww3.arb.ca.gov/ch/handbook.pdf) Gas station info starts on PDF page 41/Document page 30 and does comment on vapors and health effects. Recommends, "Avoid siting new sensitive land uses within 300 feet of a large gasoline dispensing facility (defined as a facility with a throughput of 3.6 million gallons per year or greater). A 50 foot separation is recommended for typical gas dispensing facilities." The Iowa Department of Natural Resources (IDNR) - Responsible for regulation of USTs. None of IDNR's UST rules in IAC Chapter 135 deal with siting of UST systems. National Fire Protection Association — (NFPA) — referenced in UST rules with additional requirements for installation but NFPA 30: Flammable and Combustible Liquids Code doesn't deal with siting of USTs except for to add requirements if USTs are being installed in a flood plain and to require that USTs shall not be less than one (1) foot from basement wall or less than three (3) feet from property lines. NFPA 30 does have minimum distances for installation of above ground storage tanks (AST's) which doesn't apply to us. You'd also mentioned, fueling equipment specs in regards to vapors. I think the Michigan DEQ does the best job of explaining how the Stage I Vapor Recovery system works (https://www.michigan.gov/documents/deg/dnre-oppca- vaporbalancesystems 315147 7.pdf). All KG's regardless of throughput are built with Dual Pt. Stage I Vapor Recovery Systems. Please note that Stage II Vapor Recovery is not required in IA since EPA concluded in 2012 that onboard refueling vapor recovery (ORVR) which car manufacturers were required to install beginning in the mid -1990's had penetrated the nation's motor vehicle fleet and Stage II was redundant and unnecessary. The link to the CARB Air Quality and Land Use Handbook above, indicates reduction in emissions possible with well maintained Stage I Vapor Recovery systems. MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION J U N E 6, 2 01 9 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: STAFF PRESENT: Sara Hektoen, Ray Heitner, Anne Russett OTHERS PRESENT: Randy Miller, Kirsten Frey, Lloyd Baumgartner, Greg McDonald, Sandy Steil, Keith Wiggan RECOMMENDATIONS TO CITY COUNCIL: By a vote of 7-0 the Commission recommends approval of SUB19-06, an application submitted by Claude and Adam Greiner, for a preliminary plat of Bluegrass Ridge Subdivision, a 7 -lot, 13.76 -acre residential subdivision located at south of American Legion Rd. and northwest of Wapsi Ave SE. in unincorporated Johnson County, subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. By a vote of 6-1 (Martin dissenting) the Commission recommends approval of CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. SUB19-6: Applicant: Claude and Adam Greiner Location: Johnson County, South of American Legion Road An application submitted by Claude and Adam Greiner for a Preliminary Plat for Bluegrass Ridge subdivision, a 13.76 -acre, 7 lot residential subdivision with one outlot located in unincorporated Johnson County south of American Legion Road and west of Wapsie Avenue SE. Heitner began the staff report with an aerial view of the subject property and a view of the current Johnson County Zoning, the subject property was recently rezoned to an R — Residential zoning designation. The property is located in the Iowa City/Johnson County Fridge Area "B" which is Planning and Zoning Commission June 6, 2019 Page 2 of 9 outside of the projected Iowa City growth area. The request is to subdivide the subject property into seven lots for single-family development with one outlot for future development. The Fringe Area Agreement does state a preference for agricultural uses in this area however in January 2019 City staff and City Council members met with Johnson County staff and Board of Supervisors members to form a conflict resolution committee to review the rezoning of this parcel. After additional consideration the committee decided to proceed with the rezoning to R - Residential. The proposed subdivision splits the subject property into seven separate lots, ranging in size between 1.15 and 1.46 acres. Three new streets will be built in the subdivision. Two of these new streets will have direct access to American Legion Rd. SE. The third street, Maddi Ln. SE., will stem off of Declan Dr., and provide access to four of the seven planned single-family homes. Each street will be equipped with a hammer -head turnaround to accommodate emergency vehicle access. All three new streets will be required to conform to the City's rural design standards. With respect to water and sewer services all seven lots will use the same well for water access and each individual lot will be required to have its own septic system. These septic sewer systems will be required to conform to the Johnson County Board of Health Rules and Regulations Governing On -Site Wastewater Treatment Systems. Staff recommends approval of SUB19-06, an application submitted by Claude and Adam Greiner for a Preliminary Plat for Bluegrass Ridge subdivision, a 13.76 -acre, 7 lot residential subdivision with one outlot located in unincorporated Johnson County south of American Legion Road and west of Wapsie Avenue SE. Next steps: pending approval of the preliminary plat for the Bluegrass Ridge subdivision by the Planning and Zoning Commission, the application will be forwarded on to the City Council for review. If the application is approved by City Council, it will be heard by the Johnson County Board of Supervisors for final action in July. A decision on the preliminary plat from the Iowa City Council must be made before the Johnson County Board of Supervisors can take final action on the application. Hensch stated this was the zoning application the Commission voted no on, however the vote of no was because of the problems with the language in the Fringe Area Agreement, not with the application. Hensch opened the public hearing. Sandy Steil (MMS Consultants) noted there has been a change in this application and it has been deferred for 30 days in Johnson County as they have to do stormwater calculations for water quality and quantity. MMS engineers are working on that right now but will not be going before the Johnson County Planning and Zoning on June 10 but rather on July 11. Signs noted the cul-de-sac bulbs were actually in the neighboring property so assumes it is owned by the same person. Steil confirmed Claude Greiner owns the property to the south and most of the stormwater will go to the southern edge of the property as well. Hensch asked if Outlot A would be a dry retention. Steil replied some water would go there but not enough to make a wet pond. Hensch closed the public hearing. Parsons moved to recommend approval of SUB19-06, an application submitted by Claude and Adam Greiner, for a preliminary plat of Bluegrass Ridge Subdivision, a 7 -lot, 13.76 - acre residential subdivision located at south of American Legion Rd. and northwest of Planning and Zoning Commission June 6, 2019 Page 3 of 9 Wapsi Ave SE. in unincorporated Johnson County, subject to approval of construction drawings and legal papers by the City Engineer and City Attorney. Baker seconded the motion. Parsons noted since the issues with the Fringe Area Agreement were resolved this should be approved. Hensch agreed. A vote was taken and the motion passed 7-0. CASE NO. ZCA19-1: Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to the separation distance requirement between fueling dispensing equipment and residential zones in the CN -1, CH -1, CI -1, CC -2, CB -2, and CB -5 zones. Heitner noted staff recently received a site plan concept for a complete renovation of the Kum & Go gas station, located at 955 Mormon Trek Boulevard. He noted quick vehicle service stations, as they termed in the Code, or gas stations require a special exception to operate in neighborhood commercial (CN -1) zones and with that special exception comes a number of criteria points that must be satisfied in order to be able to operate. One of the special exception criteria points requires a 100 foot separate distance between fuel dispensing devices, or gas pumps, and residential zone boundaries. Due to the size of the parcel at 955 Mormon Trek Boulevard it is not possible to meet the current 100 foot separation distance required. Heitner showed a view of the area and images from the neighboring properties. The property to the south is about 95 feet to the public sidewalk from the station's canopy. The other image shows the far western edge of the stations current parking lot and neighboring property to the west. Heitner noted the current requirement gas pumps must be at least 10 feet from any street right- of-way and at least 100 feet from any residential zone boundary except for CB -2 zones where the requirement is 70 feet. Staff is proposing the same right-of-way requirement of 10 feet but a reduction from 100 feet and 70 feet to 50 feet from any residential boundary in all applicable zones. Heitner noted Section 14 -4B -4B -12J of the City Code has a provision that allows the Board of Adjustment to modify or waive requirements that station sites must conform to the Central Business Site Development Standards or Riverfront Crossings or East Side Mixed -Use Form - Based Development Standards and staff is recommending that stays the same and the potential to modify those requirements stay intact. Additionally Heitner wanted to clarify what they mean by residential zones, they are RR -1, RS -5, RS -8, RS -12, RM -12, RM -20, RS -20, RM -44 and PRM. Heitner stated when staff began analyzing this issue they reviewed how other cities were regulating this topic. Upon considerable research both in Iowa and nation-wide, and found varying approaches. Certain cities don't codify this at all in their zoning code, certain cities choose to let the fire code or gas/fuel codes handle safety separation distances. Heitner showed a number of cities that do use the same type of distance metric Iowa City uses, the distance between fuel pumps and residential zones, and it shows Iowa City on the higher end of restrictions. The collective average shows most cities between the 20 foot and 50 foot range. With regards to cities just in Iowa and a lot of cities in Iowa don't codify this issue in their zoning codes, Dubuque, Cedar Falls and Waterloo do use the same method as Iowa City, all three are considerably less than Iowa City's 100 foot requirement. Davenport has a fairly generous requirement of 15 feet from pumps to side or rear lot lines, Marion is similar but does require a Planning and Zoning Commission June 6, 2019 Page 4 of 9 landscape buffer, Ames does not use the method of pump distance but rather their station canopy has to be 10 feet away from any right-of-way line, West Des Moines has a more aggressive requirement of 50 feet, and Des Moines only state an open space requirement of greater than 20% of the site (or 1000 square feet) has to remain as open space. In terms of adherence to Iowa City's International Fire Code, Section 5704.2.11.2 of the 2018 International Fire Code only requires a 10 foot separation from fuel dispensing equipment and residential boundaries. Heitner noted another analysis staff reviewed was what the existing conditions with gas stations in the City and what might be considered nonconforming. He showed a slide of 20 gas stations within the City and their respective distances from station canopy to the nearest residential zone and also nearest residential structure. By and large most stations in Iowa City are well over the current 100 foot separation distance requirement, there are three that encroach on the requirement are older stations that predate the Code requirement. The zones that allow quick vehicle service stations are CN -1, via special exception only, CH -1 is a provisional use, and CI -1, CC -2, CB -2, CB -5. Heitner showed a map of potential areas where quick vehicle service stations could be located either by special exception or by provisional use. Staff's rationale for the text amendment is the current requirement places a strain on current gas stations that might service denser areas of the city if located near a residential zone. Many cities both nationally and in Iowa have a residential zone separation requirement of either equal to or less than 50 feet, and this amendment would allow for consistency for separation requirements across all zones. Staff recommends that the Planning and Zoning Commission approve the following proposed text amendment to 14 -4B -4B -12C: Unenclosed canopies over gas pump islands must beset back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. Martin asked about other older stations and when the 100 feet requirement was added to the Code. She feels the requirement was added for a reason, health related, safety related, there must have been a reason as to why it was added. Heitner stated he researched the City records and was not able to find where the requirement came from. He did note having some sort of distance requirement in the zoning codes is an attempt to reduce negative impact on areas adjacent to gas stations. That being said, the peer data showed 100 feet seemed to be quite a bit higher than other areas. Hektoen stated if they didn't know the rationale for the 100 feet than why treat different zones differently. Her concern is it should be consistent throughout the City and one area should not be given more distance than another. Without the legislative history on this item this was the best method of mitigating allegations of the City being arbitrary and capricious, this is more consistent. Martin asked why then make it 100 feet for all areas. Hektoen said they could not find a rationale to support that regulation. The Fire Code seemed to be the best source for determining the reasoning. Planning and Zoning Commission June 6, 2019 Page 5 of 9 Dyer asked if they approve this text amendment then can the Kum & Go on Mormon Trek Boulevard go ahead and build a bigger canopy and be closer to the residences adjacent to property. Russett said they will need a special exception to renovate their site and would have to meet the 50 foot requirement staff is proposing and staff would likely recommend the Board of Adjustment place a condition on the special exception that they could not increase the number of fueling pumps than what is currently there. Baker asked then if there is a remedy for this Kum & Go renovation other than a zoning code change. Russett said there is not. Dyer stated her concern is beyond this discussion in that particular gas station is at a lower elevation than the properties next to it and the canopies on the newer Kum & Go's seem to be higher than the existing ones and the light from the canopy will go right into the apartments in those buildings next door. Hensch noted there are regulations regarding downcast lighting. Russett confirmed the City does have lighting standards and in this area they could not spill over into the residential areas. The Board of Adjustment through the special exception process would also look at screening requirements and would be subject to the City's highest screening standards. Baker said if there is no remedy except changing the Code for this applicant, if this issue had not arisen from this applicant had there been any other complaints or concerns about this regulation. Russett stated they had not. Baker noted then from this one request came all this staff time, with no clear rationale as to why the 100 feet regulation was in place versus something else. Hensch stated the only definitive rationale is the 10 foot from the International Fire Code. Dyer noted that virtually every other gas station in town is further than 100 feet from a residential area. Baker agreed noting all new gas stations have come in and been developed using that regulation so this is just a matter of this one particular station that wants to redevelop. Baker likes the 100 foot rule, but would like to solve the problem for this one applicant as well and wishes there was another solution than a Code amendment. Townsend noted if they change the Code to 50 foot then any new development can use the 50 foot rule. Russett clarified the distance separation requirement does not apply to zones that allow residential uses but are not residential zones. So if it is a Riverfront Crossings Zone that allows mixed-use the 100 foot separation distance does not apply, if it is next to a commercial zone that allows residential uses the 100 foot separation distance does not apply, it specifically applies to the distance between the pumping equipment and residential zones, not to the residential uses. Hensch added it is to the residential boundary, not to the residential structures. Signs asked if the Board of Adjustment could assist with this particular issue. Russett said the applicant cannot go before the Board because they do not meet the current requirement of 100 foot separation. Hektoen stated what the Commission is being asked to amend tonight is the special exception approval criteria, the current criteria states they must be 100 feet away, staff is recommending that be amended so the special exception approval criteria be 50 feet. Russett added some commercial zones allow gas stations as a provisional use which means an administrative review and approval, other zones require a Board of Adjustment special exception. Hensch opened the public hearing. Planning and Zoning Commission June 6, 2019 Page 6 of 9 Keith Wiggan (CDA, 3505 South East Crossroads Drive, Grimes Iowa) is joined by Brittney Andreason and Scott McGee with Kum & Go to address the Commission regarding the Mormon Trek Boulevard site specifically. They met with City staff and Kum & Go many month ago, this is a site Kum & Go is very excited to have an opportunity to redevelop. This site has been in operation for quite some time and this presents an opportunity to clean up the site and improve access to the site and update the site to Kum & Go's current prototypes. It will be very similar to the new building on Muscatine Avenue. With the Mormon Trek site they were originally hoping to do more than three pump island and had some conversations with staff on limiting it to three pump islands, the site itself is 158 feet wide so with the 100 foot minimum separation with residential on two sides abutting the site is not possible. So they started the conversations on how to make this site work for redevelopment. In regards to the canopy height and lighting, they are looking at slightly different orientation and will plan the site accordingly to minimize or eliminate those concerns, they will meet the lighting standards and Kum & Go's lighting fixtures are all downcast lighting and would be limited at the property line. With regards to some of the comparisons to other convenience stores in Iowa City it is hard to compare this site with others because this site is less than one acre in size and typically they look at sites for development closer to two acres so there is the opportunity for more separation. Dyer asked how the orientation of the site would be different than it is now. Wiggan said it would be with regards to access to Mormon Trek Boulevard, there are currently two access points, one to the north and one to the south very close to the signal so they are working to get that southern access further away from the signal. They would rotate the store 90 degrees so it faces north, right now the canopy and the store run north/south, it would be rotated 90 degrees to run east/west to give the ability to move the access point to the north a bit. The pumps would also be on the north side of the store. Parsons asked if there was any way to incorporate the access to Mormon Trek with the intersection. Wiggan explained that is a different property so they could not do that. Hensch closed the public hearing. Parsons moved to recommend to approve the following proposed text amendment to 14- 4B -4B -12C: Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential zone boundary. Townsend seconded the motion. Hensch thanked staff for all the data as it is very helpful and to see the randomness of numbers from other cities shows there was probably nothing concrete to base the 100 foot regulation on. The only distance known for sure is the 10 foot requirement from the International Fire Code. Looking at all the data the median, mode and mean all come up around 50 feet so that seems rationale. It is just from the pumps to the boundary, not to structures and he sees no reason to not support this amendment. Parsons agrees. Planning and Zoning Commission June 6, 2019 Page 7 of 9 Baker asked for clarification as the proposed language states "at least 50 feet" so the Board of Adjustment can require more if they feel it is appropriate. Heitner said there might be a situation where the distance is greater. Signs has no problem with this particular project, he is just confused because a few weeks ago there was complaints about 300 feet from a gas station to residential in the Forest View development. Hensch noted he was fine with the gas station in that development. He believes the issues was with lighting and noise, not an issue with the pumps themselves or fire issues. Dyer noted that is a problem everywhere. Parsons added in this case the noise and lights are already there. Signs asked if there are zones where gas stations are allowed by right and what are the requirements. Russett stated there are no zones where they are allowed by right. Hektoen said they are either a provisional use to be reviewed for things like lighting and screening, etc. by staff or go through the special exception process with the Board of Adjustment. Dyer noted a difference in this situation is the adjacent properties are low income and in Forest View they were a higher income neighborhood. A vote was taken and the motion passed 6-1 (Martin dissenting). CONSIDERATION OF MEETING MINUTES: MAY 16 2019 Parsons moved to approve the meeting minutes of May 16, 2019. Signs seconded. A vote was taken and the motion passed 7-0. PLANNING AND ZONING INFORMATION: Martin stated it was brought to her attention the apartment building on 1St Avenue and Hickory Hill where the retaining wall fell down, and she was telling Martin about the HOAs and the legal battle so Martin is curious because apparently part of the problem was the retaining wall was done incorrectly during the construction of the building and was either not caught during the City inspection or glossed over, so where is the City's liability? If the Commission recommends a rezone for a building and the inspectors miss something and something that catastrophic happens. Hektoen stated the City has no liability, the developers are required to hire their own engineers and those engineers have to certify the plans was done according to best engineering practices. The engineers carry malpractice insurance in case of catastrophes. The City does go out and inspect various things but the City is not on the hook. Russett added the City does not issue building permits for retaining walls nor do they inspect retaining walls. Russett stated City Council did adopt the rezoning ordinance for the Forest View development with the gas station portion of the project removed. Hensch asked why it was removed. Russett said the concerns was impacts to climate change and traffic generated so removing that gas station addressed both those concerns. They did add in some electrical car charging stations and additional lighting in the area. Signs asked what the Commission's role is at the preliminary plat phase. Hektoen said they are making sure the plat is designed in accordance with the City's Subdivision Design Standards. Street layout, utilities, etc. Planning and Zoning Commission June 6, 2019 Page 8of9 Adjournment: Parsons moved to adjourn. Townsend seconded. A vote was taken and the motion passed 7-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018-2019 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 7/5 8/16 9/6 9/20 10/18 12/20 1/3 1/17 (W.S.) 2/4 2/21 3/7 3/21 4/4 4/18 5/16 6/6 BAKER, LARRY X X X X O/E X X X X X X X X X O/E X DYER, CAROLYN X O O/E O X X X O/E X X X X X X O/E X HENSCH, MIKE X X X X X X X X X X X O/E X X X X MARTIN, PHOEBE X X X X X X O/E X O/E X X X O/E X X X PARSONS, MAX X X O/E X X X X X X X X X X X X X SIGNS, MARK X X X X X X X X X X X X O/E X X X TOWNSEND, BILLIE X X X X X O/E X X X X O/E X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5238 Ordinance No. Ordinance amending Title 14, Zoning Code, to modify the provisional and special exception approval criteria regarding the distance separation between fuel dispensing equipment and residential zones for quick vehicle services uses. (ZCA19-01) Whereas, in accordance with Iowa City Zoning Code Section 14-2C-2, Table 2C-1, quick vehicle service uses are only allowed as a provisional or special exception use, and only in the CN -1, CH -1, CIA, CC -2, CB -2 and CB -5 zones; Whereas, the current provisional or special exception approval criteria for such use in said zones include a distance separation requirement between fuel dispensing equipment and residential zones, but treats such uses in a CB -2 zone differently than such uses in any other zone; and Whereas, upon study of this issue, Staff determined that a 50 -foot separation distance between fuel dispensing equipment and residential zones is consistent with generally accepted community standards throughout Iowa; and Whereas, the International Fire Code requires a 10 -foot separation distance between fuel dispensing devices and lot lines; and Whereas, Staff recommends amending this provision to treat quick vehicle service uses, where allowable in commercial zones, similarly, and to establish a standard consistent with generally accepted community standards to mitigate negative externalities associated with fuel dispensing equipment; and Whereas, the Planning and Zoning Commission held a meeting on June 6, 2019 and voted to recommend approval of the aforementioned zoning code amendment; and Whereas, it is in the City's best interest to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa, that: Section 1. Iowa City Code Section 14-4B-4B(12)(C) is hereby amended by deleting the strikethrough text, and adding the underlined text: Unenclosed canopies over gas pump islands must be set back at least ten feet (10') from any street right of way. Fuel dispensing equipment must be set back at least ten feet (10') from any street right of way, and at least fifty feet (50') from any residential .. -M. I MVM - -- - 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 no 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 Mayor Attest: City Clerk 2019. Ap.Qj 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: Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 07/02/2019 Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton. NAYS: Cole, Teague. ABSENT: Salih. that the Second Consideration 07/16/2019 Voteforpassage: AYES: Teague, Thomas, Throgmorton, Mims, Taylor. NAYS: Cole. ABSENT: Salih. Date published Kellie Fruehling From: Aisha K <aisha.m.kazembe@gmail.com> Sent: Thursday, July 11, 2019 2:02 PM To: Council Subject: follow up letter on the last City Council meeting Attachments: city council followup (1).pdf Hello City Council, My name is Aisha Kazembe and I attended and spoke at the last City Council meeting in regards to item 9.a on the agenda. I made a short write up on some more things to consider when deciding on this issue --I will have that attached below. Thank you for the time and work you put into our community. Best, Aisha Kazembe City Council follow up letter for Agenda Item 9.a on 7/2/19 1 would first like to thank the Council for listening to my grievances on this issue during the last City Council meeting. However, I would like to touch back on some points mentioned during the meeting, as well as some others which are related to the issue. Equity Issues One of the first concerns I have regarding the vote on the issue of decreasing the separation distance limit between fuel pumps and housing is the lack of representation of the people who will be directly affected by this issue. After attending this city council meeting, I noticed that there was a fairly small number of people who attended --and I can't say how many of them live 100 feet or less away from a gas station, but I'm guessing not many as I was the only person to question amendment of the ordinance. There is a consistent national issue with making decisions that affect people's lives without the input of the people who will be directly affected by the decision when the people are low income or of color, and this decision could very well have a negative effect on residences belonging to people of these demographics in the future. It is easy to pass an ordinance that will have no negative effect on the people in the room, or the council members voting --but what about the people who are not represented but will be affected by the decisions made? When I spoke during the public comment section, I mentioned the equity issue involved in this decision, and I am still concerned about that issue. Many people whos' long term health will be affected by the decision (in present and future) did not know that this issue was being brought to the table. If people have limited access to internet, childcare, or even time, it would be difficult for them to find out about this issue and/or act on it; an issue which could directly relate to their residence, their health, and their children's health. For many reasons, some people have difficulty, or simply cannot advocate for themselves. It should be our job as a community to make sure they do not suffer because of limiting circumstances. Property Values Placing gas stations near residential zones has a negative effect on the property values. The links added below do a great job of giving the rundown of effects as well as other concerns associated with close proximity to gas stations and how this affects property values. hftps:Hceds.ora/convenience/ https://www.el2a.gov/sites/production/files/2014-12/documents/what do propedy values really tell us.pdf https://cedsnews.com/2013/06/27/illinois-neighborhood-association-wins-gas-station-battle/ Other Communities' Separation Distances Another point that was brought up in defense of the proposed amendment was that other communities do have lower separation distances. This point relates to my first paragraph addressing equity issues; just because people in other communities have not complained and lower separation distance limits have been passed does not mean that there is not an equity issue or health hazards. As mentioned earlier, if people do not know to fight an issue, they will not fight it; this does not mean it is not an issue. Iowa City does a great job in pushing forward on important issues, and we should keep doing the same on this one. Health Hazards In other states, some gas station fuel pumps have extra protections—why is this? There should be no need for protection if there is no problem. According to Scientific American, there is a problem. While there are many safety guidelines gas stations must follow, the substances involved with fuel dispensing are hazardous to health, especially for children. Even with modern protections, ground level ozone from gasoline fumes remain a health hazard, along with the threat of compromising groundwater (water is already a national and international issue) by contamination of petroleum products. Ground level ozone (caused by a mix of volatile organic compounds that come from gasoline vapors) and other substances like carbon monoxide which comes from car exhaust, pose a serious health threat. Some pumps have boots which to an extent limit the emission of these vapors, and gas stations take similar precautions when refueling underground tanks, however gaseous vapors are difficult to control and easy to leak; not to mention that if any of these precautions are not working properly, these odorless but harmful fumes can even more easily be leaked into the air. The effects of these substances include respiratory problems and over time, cancer --this particular health issue is a hazard caused by exposure to benzene, which is recognized by the National Institutes of Health as a cancer causing chemical. To end this follow up letter, I would like to say that I do not think that the already existing gas stations in locations fewer that 100 feet from residences should be closed or shut down --there could always be a special exception for them. However, I do believe that for the welfare of Iowa City residents, the Council should really consider keeping the current 100 foot separation distance between fuel pumps and residences in place for future gas stations, and consider the equity and environmental justice issues in future decisions. Here are a few more links if you would like more information: httgs:Hl2hys.ora/news/2018-10-gas-stations-vent-toxic-fumes.html "Increased risk of childhood leukemia was found with residential addresses near gas stations" from haps://www.ncbi.nlm.nih.2ov/pmc/articles/PMC3222489/ Thank you for your time and consideration, Aisha Kazembe Ashley Platz From: Sent: To: Subject: Attachments: Ashley — For the late handouts. Thanks, Anne Anne Russett, AICP Senior Planner City of Iowa City 319/ 356-5251 an ne-russett(cDiowa-city.orq Late Handouts Distributed Anne Russett Monday, July 15, 2019 4:48 PM lL� Ashley Platz (D FW: 1053 - Kum & Go - Council Meeting Last Night Stage 2 EPA-40CFR Part 51_5.16.12.pdf From: Keith Weggen [mailto:KeithW@cda-eng.com] Sent: Saturday, July 13, 2019 10:00 AM To: Raymond Heitner <Raymond-Heitner@iowa-city.org>; Anne Russett <Anne-Russett@iowa-city.org> Cc: Britni Andreassen <Britni.Andreassen@kumandgo.com>; Danielle Sitzman <Danielle-Sitzman@iowa-city.org>; 'Siobhan Harman' <Siobhan.Harman@kumandgo.com> Subject: RE: 1053 - Kum & Go - Council Meeting Last Night Ray and Anne, Attached is some additional information and documentation from the EPA stating and discussing why Stage II Vapor Recover is not required. Please forward this to Council members, also. Keith Weggen, ASLA I project manager CIVIL DESIGN ADVANTAGE LLC 3405 SE Crossroads Drive, Suite G Grimes, IA 50111 o 515.369.4400 f 515.369.4410 c 515.313.5445 KelthW(a)CDA-enq.com www.CDA-eng.com ,A Please consider the environment before printing this email. This message is intended exclusively for the individual or entity to which it is addressed. This communication may contain information which is proprietary, privileged or confidential. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. V 28772 Federal Register/ Vol. 77, No. 95/Wednesday, May 16, 2012/Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 51 [EPA -HO -OAR -2010-1076; FRL-9671-,3) RIN 2060-AO97 Air Quality: Widespread Use for Onboard Refueling Vapor Recovery and Stage II Waiver AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The EPA has determined that onboard refueling vapor recovery (ORVR) technology is in widespread use throughout the motor vehicle fleet for purposes of controlling motor vehicle refueling emissions, and, therefore, by this action, the EPA is waiving the requirement for states to implement Stage II gasoline vapor recovery systems at gasoline dispensing facilities in nonattainment areas classified as Serious and above for the ozone national ambient air quality standards (NAAQS). This finding will be effective as noted below in the DATES section. After the effective date of this notice, a state previously required to implement a Stage R program may take appropriate action to remove the program from its Slate Implementation Plan (SIP). Phasing out the use of Stage II systems may lead to long-term cost savings for gas station owners and operators while air quality protections are maintained. DATES: This rule is effective on May 16, 2012. ADDRESSES: The EPA has established a docket for this rule, identified by Docket ID No. EPA -HQ -OAR -2010-1076. All documents in the docket are listed in www.regulations.gov. Although listed in the index, some information is not publicly available, i.e., confidential business information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air and Radiation Docket and Information Center, EPA Headquarters Library, Room Number 3334 in the EPA West Building, located at 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744. FOR FURTHER INFORMATION CONTACT: Mr. Lynn Dail, Office of Air Quality Planning and Standards, Air Quality Policy Division, Mail code C539-01, Research Triangle Park, NC 27711, telephone (919) 541-2363; fax number: 919-541-0824; email address: daft. lynn©epa.gov. SUPPLEMENTARY INFORMATION: I. Purpose of Regulatory Action Since 1990, Stage B gasoline vapor recovery systems have been a required emissions control measure in Serious, Severe, and Extreme ozone nonattainment areas. Beginning with model year 1998, ORVR equipment has been phased in for new vehicles, and has been a required control on nearly all new highway vehicles since 2006. Over time, non-ORVR vehicles will continue to be replaced with ORVR vehicles. Stage II and ORVR emission control systems are redundant, and the EPA has determined that emission reductions from ORVR are essentially equal to and will soon surpass the emission reductions achieved by Stage II alone. In this action, the EPA is eliminating the largely redundant Stage II requirement in order to ensure that refueling vapor control regulations are beneficial without being unnecessarily burdensome to American business. This action allows, but does not require, states to discontinue Stage B vapor recovery programs. D. Summary of the Major Provisions of This Final Rule Clean Air Act (CAA) section 202(a)(6) provides discretionary authority to the EPA Administrator to, by rule, revise or waive the section 182(b)(3) Stage II requirement for Serious, Severe and Extreme ozone nonattainment areas after the Administrator determines that ORVR is in widespread use throughout the motor vehicle fleet. Based on criteria that the EPA proposed last year (76 FR 41731, July 15, 2011), the EPA is determining that ORVR is in widespread use. As of the effective date of today's action, states that are implementing mandatory Stage II programs under section 182(6)(3) of the CAA may submit revisions to their SIPs to remove this program. The EPA will also be issuing non- binding guidance on developing and submitting approvable SIP revisions.' I "Phasing Out Stage It Gasoline Refueling Vapor Recovery Programs: Guidance on Satisfying Requirements of Clean Air Act Sections 110(1), 193, and 184(b)(2) (tentative title)." U.S. EPA Office of Air and Radiation, forthcoming. This guidance will provide the EPA's recommendations for states to consider when developing SIP revisions following today's rulemaking. Unlike the final rule, the This guidance will address SIP requirements for states in the Ozone Transport Region (OTR), which are separately required under section 184(b)(2) of the CAA to adopt and implement control measures capable of achieving emissions reductions comparable to those achievable by Stage II. The EPA is updating its guidance for estimating what Stage B comparable emissions reductions could be, in light of the ORVR widespread use determination. The EPA now expects Stage II comparable emissions reductions to be substantially less than what was estimated in the past before ORVR use became widespread. Therefore, the EPA encourages states to consult the updated guidance before submitting a SIP revision removing Stage II controls. III. Costs and Benefits The primary purpose of this final rule is to promulgate a determination that ORVR is in widespread use as permitted in section 202(a)(6) of the CAA. In this final rule, EPA is exercising the authority provided by section 202(a)(6) of the CAA to, by rule, revise or waive the section 182(b)(3) Stage II requirement for Serious, Severe, and Extreme ozone nonattainment areas after the Administrator determines that ORVR is in widespread use throughout the motor vehicle fleet. This in turn gives states that were required to implement Stage II vapor recovery under section 182(b)(3) of the CAA the option to submit for the EPA's review and approval revised ozone SIPS that will remove this requirement. The EPA projects that during 2013-2015, gasoline -dispensing facilities (GDFs) in up to 19 states and the District of Columbia could seek to decommission and remove Stage II systems from their dispensers. There are about 30,600 GDFs with Stage B in these 20 areas. If the states submit and EPA approves SIP revisions to remove Stage II systems from these GDFs, the EPA projects savings of about $10.2 million in the first year, $40.5 million in the second year, and $70.9 million in the third year. Long-term savings are projected to be about $91 million per year, compared to the current use of Stage II systems in these areas. No significant emission guidance is not final agency action, and is not binding on or enforceable against any person. Consequently, it is subject to possible revision without additional mlemaking. In addition, the approaches suggested in the guidance (or in any changes thereto) will not represent Real agency action unless and until the EPA takes a final SIP approval or disapproval action implementing those approaches. Federal Register/Vol. 77, No. 95/Wednesday, May 16, 2012/Rules and Regulations 28773 increases or decreases are expected from this action. IV. General Information A. Does this action apply to me? Entities directly affected by this action include states (typically state air pollution control agencies) and, in some cases, local governments that develop air pollution control rules that apply to areas classified as Serious and above for nonattainmenl of the ozone NAAQS. Individuals and companies that operate gasoline dispensing facilities may be indirectly affected by virtue of state action in SIPS that implement provisions resulting from final rulemaking on this action; many of these sources are in the following groups: Industry group SIC- NAICS6 Gasoline stations 5541 447110, 447190 -Standard Industrial Classification. a Nonh American Industry Classification System. B. Where can I get a copy of this document and other related information? In addition to being available in the docket, an electronic copy of this notice will be posted at http://t""v.epa.gov/ air/ozonepoll ution/actions.htm/#impl under "recent actions." C. How is this notice organized? The information presented in this preamble is organized as follows. I. Purpose of Regulatory Action II. Summary of the Major Provisions of This Final Rule III. Costs and Benefits IV. General Information A. Does this action apply to me? B. Where can I get a copy of this document and other related information? C. How is this notice organized? V. Background A. What requirements for Stage II gasoline vapor recovery apply for ozone nonattainment areas? B. Stage II Vapor Recovery Systems C. Onboard Refueling Vapor Recovery (ORVR) Systems D. Compatibility Between Some Vapor Recovery Systems E. Proposed Rule to Determine Widespread Use of ORVR VI. This Action A. Analytical Rationale for Final Rule B. Updated Analysis of Widespread Use C. Widespread Use Date D. Implementation of the Rule Provisions E. Implementation of Rule Revisions in the Ozone Transport Region F. Comments on Other Waiver Implementation Issues VII. Estimated Cost VIII. Statutory and Executive Order Reviews A. Executive Orders 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B,Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13845: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use L National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations K. Congressional Review Act IX. Statutory Authority V. Background A. What requirements for Stage H gasoline vapor recovery apply in ozone nonatlainment areas? The requirements in the 1990 CAA Amendments regarding Stage II vapor recovery are contained in Title I: Provisions for Attainment and Maintenance of National Ambient Air Quality Standards. Under CAA section 182(b)(3), Stage H gasoline vapor recovery systems are required to be used at higher throughput GDFs located in Serious, Severe, and Extreme nonatlainment areas for ozone.z States were required to adopt a Stage II program into their SIPS, and the controls were to be installed according to specified deadlines following state rule adoption.3 Since the early 1990s, Stage 2 gasoline vapor controls have provided z Originally, the section 182(b)(3) Stage 11 requirement also applied in all Moderate ozone nonattainmenl areas. Howm,m, under section 202(a)(6) of the CAA, 42 U.S.C. 7521(x)(6). the requirements ofsection 182(h)(3) no longer apply in Moderate ozone nonattainmenl areas after the EPA promulgated ORVR standards on April 6, 1994, 59 FR 16262, codified at 40 CFR parts 86 (including 86.098—e), 88 and Goo. Under implementation rules issued in 2002 for the 1997 8 -hour ozone standard, the EPA retained the Stage 11 -related requirements under section 182(b)(3) as they applied for the now - revoked 1 -hour ozone standard. 40 CFR 51.9oolf)(5) and 40 CFR 51.916(x). s This requirement only applies to facilities that sell mom than a specified number ofgallons per month and is set forth in sections 182(h)(3)(A)-{C) and 324(aHc). Section 182(h](3)(B) has the following effective date requirements for implementation of Stege R after the udoption date by a slate of a Stage R rate: 6 months after adoption of the state rule, for GDFs built after the enactment data (which for newly designated amas would be the designation date); 1 year after adoption date, for gas stations pumping at least 1file 00 gal/month based on average monthly sales over 2 -year period before adoption date; 2 years after adoption, for all others. substantial emissions reductions and have contributed to improved air quality over time. B. Stage 11 Vapor Recovery Systems When a gasoline -powered automobile or other vehicle is brought into a GDF to be refueled, the empty portion of the fuel tank on the vehicle contains gasoline vapors. When liquid gasoline is pumped into the partially empty gas tank, gasoline vapors are forced out of the tank and fill pipe as the tank fills with liquid gasoline. Where air pollution control technology is not used, these vapors are emitted into the ambient air. In the atmosphere, these vapors can react with sunlight, nitrogen oxides and other volatile organic compounds to form ozone. There are two basic technical approaches to Stage II vapor recovery: A "balance" system, and a vacuum assist system. A balance type Stage II control system has a rubber boot around the gasoline nozzle spout that fits snugly up to a vehicle's gasoline fill pipe during refueling of the vehicle. With a balance system, when gasoline in the underground storage tank (UST) is pumped into a vehicle, a positive pressure differential is created between the vehicle tank and the UST. This pressure differential draws the gasoline vapors from the vehicle fill pipe through the rubber boot and the concentric hoses and underground piping into the UST. This is known as a balance system because gasoline vapors from the vehicle tank flow into the UST tank to balance pressures. About 30 percent of Stage II GDFs nationwide use the balance type Stage II system. The vacuum assist system is the other primary type of Stage II system currently in operation. This type of Stage II system uses a vacuum pump on the vapor return line to help draw vapors from the vehicle fill pipe into the UST. An advantage of this type of system is that the rubber boot around the nozzle can be smaller and lighter (or not used at all) and still draw the vapors into the vapor return Hose. This makes for an easier -to -handle nozzle, which is popular with customers. About 70 percent of Stage II GDFs nationwide use the vacuum assist approach. New Stage H equipment is normally required to achieve 95 percent control effectiveness at certification. However, studies have shown that in -use control efficiency depends on the proper installation, operation, and maintenance of the control equipment at the GDF? 4 The Petroleum Equipment Instituto has published recommended installation practices (PEI/ continued 28774 Federal Register/Vol. 77, No. 95/Wednesday, May 16, 2012/Rules and Regulations Damaged, missing, or improperly operating components or systems can significantly degrade the control effectiveness of a Stage II system. In -use effectiveness ultimately depends on the consistency of inspections, follow-up review by state agencies, and actions by operators to perform inspections and field tests and conduct maintenance in a correct and timely manner. The EPA's early guidance for Stage II discussed expected training, inspection, and testing criteria, and most states have adopted and supplemented these criteria as deemed necessary for balance and vacuum assist systems.5 In some cases, states have strictly followed the EPA guidance but other states have required a lesser level of inspection and enforcement efforts. Past EPA studies have estimated Stage B in -use efficiencies of 92 percent with semi-annual inspections, 86 percent with annual inspections and 62 percent with minimal or less frequent state inspections.a The in -use effectiveness of Stage B control systems may vary from state to stale, and may vary over time within any stale or nonatlainment area because the in -use efficiency of Stage II vapor recovery systems depends heavily on the ongoing maintenance and oversight by GDF owners/operators and the slate/local agencies. C. Onboard Refueling Vapor Recovery (ORVR) Systems In addition to Stage II controls, the 1990 CAA Amendments required another method of controlling emissions from dispensing gasoline. Section 202(a)(6) of the CAA requires an onboard system of capturing vehicle - refueling emissions, commonly referred to as an ORVR system.7 ORVR consists of an activated carbon canister installed on the vehicle into which vapors are routed from the vehicle fuel tank during refueling. There the vapors are captured by the activated carbon in the canister. To prevent the vapors from escaping through the fill pipe opening, the vehicle employs a seal in the fill pipe which allows liquid gasoline to enter but blocks vapor escape. In most cases, RP309-93) and most states require inspection, testing, and evaluation before a system is commissioned for use. "Enforcement Guidance for Stage R Vehicle Refueling Control Programs," U.S. EPA. Office of Air and Radiation, Office ofMohilo Sources, December 1991. e "Technical Guidance—Stage 11 Vapor Recovery Systems for Control of Vehicle Refueling at Gasoline Dispensing Facilities Volume I: Chapters." EPA ­150/3 -91-022a, November 1991. This study is a composite of multiple studies. r Unlike Stage Il, which is a requirement only in ozone nonatlainment areas, ORVR requirements apply to vehicles everywhere. More detail on ORVR is available at hitp:/Amtw.epa.gov/0taq/or .htm. these are "liquid seals" created by the incoming liquid gasoline slightly backing near the bottom of the fill pipe. When the engine is started, the vapors are purged from the activated carbon and into the engine where they are burned as fuel. The EPA promulgated ORVR standards on April 6, 1994 (59 FR 16262). Section 202(a)(6) of the CAA required that the EPA's ORVR standards apply to light-duty vehicles manufactured beginning in the fourth model year after the model year in which the standards were promulgated, and that ORVR systems provide a minimum evaporative emission capture efficiency of 95 percent. Automobile manufacturers began installing ORVR on new passenger cars in 1998 when 40 percent of new cars were required to have ORVR. The regulation required the percentage of new cars with ORVR increase to 80 percent in 1999 and 100 percent in 2000. The regulation also required that ORVR for light duty trucks and vans (<6000 pounds (lbs) gross vehicle weight rating (GV WR)) was to be phased -in during 2001 with 40 percent of such new vehicles required to have ORVR in 2001, 80 percent in 2002 and 100 percent in 2003. New heavier light- duty trucks (6001-8500 lbs GV WR) were required to have 40 percent with ORVR by 2004, 80 percent by 2005 and 100 percent by 2006. New trucks up to 10,000 lbs GV WR manufactured as a complete chassis were all required to have ORVR by 2006.8 Complete vehicle chassis for heavy-duty gasoline vehicles between 10,001 and 14,000 lbs GVWR (Class 3) are very similar to those between 8,501 and 10,000 lbs GVWR. For model consistency purposes, manufacturers began installing ORVR on Class 3 complete chassis in 2006 as well. So, after 2006, essentially all new gasoline -powered vehicles less than 14,000 lbs GVWR are ORVR-equipped. ORVR does not apply to all vehicles, but those not covered by the ORVR requirement comprise a small percentage of the gasoline -powered highway vehicle fleet (approximately 1.5 percent of gasoline consumption). The EPA estimates that by the end of 2012, more than 71percent of vehicles currently on the road will have ORVR.a This percentage will increase over time as older cars and trucks are replaced by a The EPA promulgated ORVR standards for light duty vehicles and trucks on April 6, 1994, 59 FR 16262, codified at 40CFR parts 86 (including 86.098-8), 88 and 600. -See EPA Memorandum "Onboard Refueling Vapor Recovery Widespread Use Assessment." A copy of this memorandum is located in the docket for this action EPA -HQ -OAR -2010-1076. new models. However, under the current regulatory construct, motorcycles and heavy-duty gasoline vehicles not manufactured as a complete chassis are not required to install ORVR, so it is likely that there will be some very small percentage of gasoline refueling emissions not captured by ORVR controls. Even prior to the EPA's adoption of ORVR requirements, in 1993 EPA adopted Onboard Diagnostic (ODD) System requirements for passenger cars and light trucks, and eventually did so for heavy-duty gasoline vehicles up to 14,000 lbs GVWR.la These systems are designed to monitor the in -use performance of various vehicle emission control systems and components, including protocols for finding problems in the purge systems and large and small vapor leaks in ORVR/ evaporative emission controls." OBD B systems were phased in for these vehicle classes over the period from 1994-1996 for lighter vehicles and 2005-2007 for heavy-duty gasoline vehicles, so, during the same time frame that manufacturers were implementing ORVR into their vehicles, they already had implemented or were implementing OBD II systems. In 2000, the EPA published a report addressing the effectiveness of OBD II control systems.12 This study concluded that enhanced evaporative and ORVR emission control systems are durable and low emitting relative to the FTP (Federal Test Procedure) enhanced evaporative emission standards, and that OBD II evaporative emissions checks are a suitable replacement for functional evaporative emission tests in state inspection and maintenance (I/M) programs. OBD system codes are interrogated and evaluated in a 30 - vehicle emission I/M program. A recent EPA review of OBD data gathered from I/M programs from five states 13 indicated relatively few vehicles had any evaporative system -related OBD codes that would indicate a potential 10 See Federal Register at 58 FR 9468 published February 19, 1993, and subsequent amendments and the latest OBD regulations at 40 CFR part 86.1806-05 for program requirements in various years. rr ORVR systems are basically a subset of evaporative emission systems because they share the same vapor lines, purge valves, purge lines, and activated carbon canister. 1e "Effectiveness of DBD B Evaporative Emission Monitors -30 Vehicle Study," EPA 42D -R-00-018, October 2000. 13 See EPA Memorandum, "Review of Frequency of Evaporative System Related OBD Codes for Five State 1/M Programs." A copy of this memorandum is located in the docket for this action EPA -HQ - OAR -2019-1076. Federal Register/ Vol. 77, No. 95/Wednesday, May 16, 2012 /Rules and Regulations 28775 problem with the vapor management system. Based on emissions tests of over 1,100 in -use ORVR-equipped vehicles, EPA concluded that the average in -use efficiency of ORVR is 98 percent. The legal requirement for ORVR is 95 percent efficiency. Thus, the actual reported control achieved in practice is greater than the statutorily required level of control. D. Compatibility Between Some Vapor Recovery Systems Even though the per -vehicle vapor recovery efficiency of ORVR exceeds that of Stage II, Stage B vapor recovery systems have provided valuable reductions in ozone precursors and air toxics as ORVR has been phased into the motor vehicle fleet. In fact, overall refueling emissions from vehicle fuel tanks are minimized by having both ORVR and Stage II in place, but the incremental gain from retaining Stage II decreases relatively quickly as ORVR penetration surpasses 75 percent of dispensed gasoline. Please see Table 2 below. This occurs not only because of a decreasing amount of gasoline being dispensed to non-ORVR equipped vehicles, but also because differences in operational design characteristics between ORVR and vacuum assist Stage II systems may in some cases cause a reduction in the overall control system efficiency compared to what could have been achieved relative to the individual control efficiencies of either ORVR or Stage II emissions from the vehicle fuel lank. The problem arises because the ORVR canister captures the gasoline vapor emissions from the motor vehicle fuel tank rather than the vapors being drawn off by the vacuum assist Stage II system. This occurs because the fill pipe seal blocks the vapor from reaching the Stage II nozzle. Thus, instead of drawing vapor -laden air from the vehicle fuel tank into the underground storage tank (UST), the vacuum pump of the Stage II system draws mostly fresh air into the UST. This fresh air causes gasoline in the UST to evaporate inside the UST and creates an internal increase in UST pressure. As the proportion of ORVR vehicles increases, the amount of fresh air, void of gasoline vapors, pumped into the UST also increases. Even with pressure/vacuum valves in place this eventually leads to gasoline vapors being forced out of the UST vent pipe into the ambient air. These new UST vent -stack emissions detract from the overall recovery efficiency at the GDF. As discussed in the proposed rule, the level of these UST vent stack emissions varies based on several factors but can result in a net 1 to 10 percent decrease in overall control efficiency of vehicle fuel lank emissions at any given GDF.14 The decrease in efficiency varies depending on the vacuum assist technology design (including the use of a mini -boot for the nozzle and the ratio of volume of air drawn into the UST compared to the volume of gasoline dispensed (A/L) ratio), the gasoline Reid vapor pressure, the air and gasoline temperatures, and the fraction of throughput dispensed to ORVR vehicles. There are various technologies that address these UST vent -stack emissions and can extend the utility of Stage II to further minimize the overall control of gasoline vapor emissions at the GDF. These technologies include nozzles that sense when fresh air is being drawn into the UST and stop or reduce the air flow. These ORVR- compatible nozzles are now required in California and Texas. Another solution is the addition of processors on the UST vent pipe that capture or destroy the gasoline vapor emissions from the vent pipe. A number of these systems were presented in comments on the proposed rule. While they may have merit, installing these technologies adds to the expense of the control systems. E. Proposed Rule To Determine Widespread Use of ORVR Section 202(a)(6) of the CAA provides discretionary authority to the EPA Administrator to, by rule, revise or waive the section 182(b)(3) Stage II rs See EPA Memorandum "Unheard Refueling Vapor Recovery Widespread Use Assessment." A copy of this memorandum is located in the docket for this action EPA—HQ—OAR-2010-1076. The level of these UST vent slack emissions varies based on several factors; EPA estimates a 5.4 to 6.4 percentage point decrease in Stage E control efficiency In the 2011-2015 time frame at GDFs employing nen-ORVR compatible vacuum assist Stage It nozzles. The decrease in efficiency varies depending on the vacuum assist technology design (including the use of a mini -boot for the nozzle and the ratio of volume of air drawn into the UST compared to the volume ofgasoline dispensed (A/ Q ratio), the gasoline Reid vapor pressure, the air and gasoline temperatures, and the fraction of throughput dispensed to ORVR vehicles. The values will increase over time as the fraction of total gasoline dispensed to ORVR vehicles at Stage R GDFs increases. requirement for Serious, Severe, and Extreme ozone nonattainment areas after the Administrator determines that ORVR is in widespread use throughout the motor vehicle fleet. The percentage of non-ORVR vehicles and the percentage of gasoline dispensed to those vehicles grow smaller each year as these older vehicles wear out and are replaced by new ORVR-equipped models. Given the predictable nature of this trend, the EPA proposed a date for ORVR widespread use. In the Notice of Proposed Rulemaking (NPRM) (76 FR 41731, July 15, 2011), the EPA proposed that ORVR widespread use will occur at the mid- point in the 2013 calendar year, relying upon certain criteria outlined in the proposed rule. This date was also proposed as the effective date for the waiver of the CAA section 182(6)(3) Stage II requirements for Serious, Severe and Extreme ozone nonattainment areas. The EPA used two basic approaches in determining when ORVR would be in widespread use in the motor vehicle fleet. Both approaches focused on the penetration of ORVR-equipped vehicles in the gasoline -powered highway motor vehicle fleet. The first proposed approach focused on the volume of gasoline that is dispensed into vehicles equipped with ORVR, and compared the emissions reductions achieved by ORVR alone to the reductions that can be achieved by Stage II controls alone. The second approach focused on the fraction of highway motor gasoline dispensed to ORVR-equipped vehicles. In the proposal, the EPA included Table 1 (republished below). This work was based on outputs from EPA's MOVES 2010 motor vehicle emissions model, which showed information related to the penetration of ORVR in the national motor vehicle fleet projected to 2020. These model outputs have been updated for the final rule to be consistent with the latest public release of the model (MOVES 2010a) since that is the version of the model states would use in any future inventory assessment work related to refueling emissions control. Overall, ORVR efficiency was shown in column 5 of Table 1 and was determined by multiplying the fraction of gasoline dispensed into ORVR-equipped vehicles by ORVR's 98 percent in -use control efficiency. 28776 Federal Register/ Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations TABLE 1 -PROJECTED PENETRATION OF ORVR IN THE NATIONAL VEHICLE FLEET BY YEAR -BASED ON MOVES 2010 Vehicle population VMT Gasoline ORVR Efficiency Calendar year percentage Percentage dispensed percentage percentage 2006......................................................................................... 39.5 48.7 46.2 45.3 2007......................................................................................... 45.3 54.9 52.5 51.5 2008......................................................................................... 50.1 60.0 57.6 56.4 2009......................................................................................... 54.3 64.5 62.1 60.9 2010......................................................................................... 59.0 69.3 66.9 65.6 2011......................................................................................... 63.6 73.9 71.5 70.1 2012.......................................................................I................. 67.9 78.0 75.6 74.1 2013......................................................................................... 71.7 81.6 79.3 77.7 2014......................................................................................... 75.2 84.6 82.6 80.9 2015......................................................................................... 78.4 87.2 85.3 83.6 2016......................................................................................... 81.2 89.4 87.7 85.9 2017......................................................................................... 83.6 91.2 89.7 87.9 2018......................................................................................... 85.6 92.7 91.3 89.5 2019......................................................................................... 87.5 93.9 92.7 90.8 2020......................................................................................... 89.0 94.9 93.9 92.0 See EPA Memorandum "Onboard Refueling Vapor Recovery Widespread Use Assessment" in the docket (number EPA -HO -OAR -2010- 1076) addressing details on issues related to values in this table. Note: In this table, the columns have the following meaning. 1. Calendar year that corresponds to the percentages in the row associated with the year. 2. Percentage of the gasoline -powered highwayy vehicle fleet that have ORVR. 3. Percentage of vehicle miles traveled (VMT) by vehicles equipped with ORVR. 4. Amount of gasoline dispensed into ORVR-equipped vehicles as a percentage of all gasoline dispensed to highway motor vehicles. 5. Percentage from the same row in column 4 multiplied by 0.98. In the proposal, the EPA estimated that ORVR would need to achieve in -use emission reductions of about 77.4 percent to be equivalent to the amount of control Stage B alone would achieve. This estimate was based on the in -use control efficiency of Stage II systems and exemptions for Stage II for lower throughput GDFs. In the NPRM, the EPA assumed that in areas where basic Stage N systems are used the control efficiency of Stage II gasoline vapor control systems is 86 percent. The use of this value depends on the assumption that daily and annual inspections, periodic testing, and appropriate maintenance are conducted in a correct and timely manner. In addressing comments, we have stated that this efficiency could be nearer to 60% if inspections testing and maintenance are not conducted and there is minimal enforcement.15 In the NPRM, the EPA estimated that the percentage of gasoline dispensed in an area that is covered by Stage 11 controls is 90 percent. Multiplying the estimated efficiency of Stage If systems (86 percent) by the estimated fraction of gasoline dispensed in nonattainment areas from Stage II -equipped gasoline pumps yielded an estimate of the area - wide control efficiency of Stage II rs See, "Determination of Widespread Use of Onboard Refueling Vapor Recovery (GIVE) and Waiver of Stage E Vapor Recovery Requirements: Summary of Public Comments and Responses." March 2012. Document contained in docket EPA - HQ -OAR -2010-1070. programs of 77.4 percent (0.90 x 0.86 = 0.774 or 77.4 percent) for emissions displaced from vehicle fuel tanks. 1617 Table 1 indicated this level of ORVR control efficiency is expected to be achieved during calendar year 2013. In the second approach for estimating when ORVR is in widespread use, we also observed from Table 1 that by the end of calendar year 2012 more than 75 percent of gasoline will be dispensed into ORVR-equipped vehicles. As discussed in the NPRM, the EPA believed that this percentage of ORVR coverage (>t75 percent) is substantial enough to inherently be viewed as "widespread" under any ordinary 'a Sca section 4.4.3 (especially Figure 4-14 and Table 4-4) in "Technical Guidance-Slago D Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities. Volume 1: Chapters," EPA -450/3-91-022a, November 1991. A copy of this document is located in the docket for this action EPA -HQ -OAR -2010- 3076. This is based an annual enforcement inspections and on allowable exemplioos of 10,000/ 50,000 gallons per month as described in section 324(a) of the CAA. The EPA recognizes that these two values vary by state and that in some cases actual in -use efficiencies, prescribed exemption levels. or both may be either higher or lower. it AP -42, The EPA's emission factors document, identities three sources ofrefeeling emissions: Displacement, spillage, and breathing losses. In the EPA Memorandum "Onboard Refueling Vapor Recovery Widespread Use Assessment" (available in the public docket), the EPA determined that for separate Stage D and ORVR refueling events, spillage and breathing lass emission rates ere similar. Thus, this analysis focuses on differences in controlled displacement emissions. Compatibility effects related to ORVR and Stage II vacuum assist systems are addressed separately. understanding of that term. Furthermore, in Table 1, the percentage of VMT by ORVR-equipped vehicles (column 3) and the amount of gasoline dispensed into ORVR-equipped vehicles (column 4) reached or exceeded 75 percent between the end of year 2011 and end of 2012. The EPA believed this provided further support for establishing a widespread use date after the end of calendar year 2012. Based on the dates derived from these two basic approaches, the EPA proposed to determine that ORVR will be in widespread use by June 30, 2013, or the midpoint of calendar year 2013. VI. This Action A. Analytical Rationale for Final Rule Section 202(a)(6) of the CAA provides discretionary authority to the EPA Administrator to, by rule, revise or waive the section 182(b)(3) Stage II requirement after the Administrator determines that ORVR is in widespread use throughout the motor vehicle Reel. As discussed in the NPRM, the EPA has broad discretion in how it defines widespread use and the manner in which any final determination is implemented. In our review of the public comments received on the proposal, no commenter indicated that a widespread use determination was inappropriate or took issue with the EPA's two-pronged analytical approach. We have integrated responses to many comments throughout the preamble to Federal Register / Vol. 77, No. 95/Wednesday, May 16, 2012 /Rules and Regulations 28777 this final rule. A more detailed set of responses is in a document titled, "Determination of Widespread Use of Onboard Refueling Vapor Recovery (ORVR) and Waiver of Stage II Vapor Recovery, Summary of Public Comments and Responses" that can be found in the docket, EPA—HQ—OAR- 2010-1076. The analytical approaches used by the EPA to determine the widespread use date are influenced by several key input parameters that affect the estimates of the emission reduction benefits of Stage II alone versus the benefits of ORVR alone and the phase-in of ORVR- equipped vehicles. We received several comments on the assumptions and parameters used by the EPA in the NPRM, and in some cases we have updated the information used in calculations that support the final rule, as discussed in the following paragraphs. 1. ORVR Parameters • ORVR efficiency. The EPA used an in -use control efficiency of ORVR of 98 percent in the proposal. This was based on the testing of 1,160 vehicles drawn from the field. EPA has updated its analysis to include an additional 478 refueling emission test results for ORVR-equipped vehicles that were conducted in calendar years 2010 and 2011. The data set, which now includes over 1,600 vehicle tests for vehicles from model years 2000-2010 with mileages ranging from 10,000 to over 100,000, continues to support the conclusion that the 98 percent in -use efficiency values remain appropriate.16 • Modeling program inputs. The NPRM relied on EPA's MOVES 2010 model for estimating ORVR vehicle fleet penetration, VMT by ORVR vehicles, and gallons of gasoline dispensed to ORVR vehicles. Since the development of the NPRM, the EPA has publicly released MOVES 2010a. The updated model incorporates many improvements. Those relevant here include updates in ORVR vehicle sales, sales projections, scrappage, Fleet mix, annual VMT, and fuel efficiency. The EPA believes that the modeling undertaken to determine the widespread use date for the final rule should employ the EPA's latest MOVES modeling program because it contains updated information that bears on the subject of this rulemaking, and because the EPA expects states to also use it in any state -specific demonstrations ,e See the EPA memorandum "Updated ORVR In - Use Efficiency." A copy of this memorandum is located in the docket for this action EPA -HQ -OAR - 2010 -1076. supporting future SIP revisions, including revisions that seek to remove Stage II programs. 2. Stage If Parameters • Stage II efficiency. The EPA used an in -use control efficiency of 86 percent for Stage If in the proposal. As discussed above, Stage II control efficiency depends on inspection, testing, and maintenance by GDF owner/operators, and inspection and enforcement by state/local agencies. Typical values range from 62 percent to 86 percent. The public comments referred the EPA to additional reported information directly related to in -use effectiveness of Stage II vapor recovery. 19 The reports indicate that for balance and vacuum -assist type Stage If systems in use in many states today, the in -use effectiveness of Stage II is typically near 70 percent. Nonetheless, the EPA has elected to retain the use of an 86 percent efficiency value in the analyses supporting the final rule. This is because many state programs have included the maintenance and inspection provisions recommended by EPA to achieve this level of efficiency in their initial SIPS that originally incorporated Stage If controls.20 Current in -use efficiency values may well be lower based on the performance of the Stage II technology itself or for other reasons related to maintenance and enforcement. We are not rejecting the additional information from commenters or the possibility that Stage E efficiency may be lower in some states or nonattainment areas. However, the EPA believes these issues are best examined in the SIP review process. If real in -use efficiency across all existing Stage II programs is, in fact, lower than 86 percent, the EPA's final analysis overestimates the length of time required for emissions reductions from ORVR alone to eclipse the reductions that can be achieved by Stage II alone. • Stage II exemption rate. In sections 182(b)(3) and 324 of the CAA, Congress permitted exemptions from Stage II controls for GDFs of less than 10,000 gallons/month (privates) and 50,000 gallons/month (independent small ra Sea "Draft Vapor Recovery Test Report," April 1999 by CARE and CAPCOA (now cleared for public use), and "Performance of Balance Vapor Recovery Systems at Gasoline Dispensing Facilities", prepared by the San Diego Air Pollution Control District, May 18, 2000. Both reports we available in the public docket. x"The EPA report, "Enforcement Guidance for Stage R Vehicle Refueling Control Programs." U.S. EPA, Office of AG and Radiation, Office of Mobile Sources, December 1991, provides basic EPA guidance on what a slate SIP and accompanying regulations should include to achieve high efficiency. business marketers). The EPA analysis indicated that these GDF throughput values exempted about 10 percent of annual throughput in any given area. Some states included more strict exemption rates, most commonly 10,000 gallons per month (3 percent of throughput) for both privates and independent small business marketers. A few other states' exemption provisions used values that fell within or outside this range.21 Of the 21 states and the District of Columbia with areas classified as Serious, Severe, or Extreme for ozone and/or within the Ozone Transport Region, the plurality incorporated exemption provisions in their state regulations, which exempted about 10 percent of throughput.22 Therefore, we believe it remains reasonable to use that value within this analysis. • Compatibility factor for vacuum assist Stage II systems. The EPA discussed the compatibility factor at length in the NPRM and provided relevant materials in the docket. Several commenters asked that the EPA provide guidance on how the compatibility factor should be incorporated into any similar analysis conducted by a state for purposes of future SIP revisions involving Stage II programs. The magnitude of the compatibility factor for any given area varies depending on ORVR penetration, fraction of vacuum assist nozzles relative to balance nozzles, and excess A/L for vacuum assist nozzles. Two states have adopted measures to reduce this effect through the use of ORVR-compatible nozzles and one slate prohibits vacuum assist nozzles completely. Due to these significant variables, the EPA is electing not to include the compatibility factor in the widespread use date determination analysis, but will provide the guidance requested by the commenters for use in making future SIP revisions. To the extent that compatibility emissions across all existing Stage II programs as a whole are significant, the EPA's Final analysis overestimates the length of time required for emissions reductions from ORVR alone to eclipse the reductions that can be achieved by Stage II alone. B. Updated Analysis of Widespread Use As discussed previously, the EPA has used two approaches for determining 21 Thera am a few states that limit Stage If exemptions to only GDFs with less than 10,000 gpm throughput, which would exempt about three to five percent of area -wide throughput. _= See the EPA memorandum "Summary of Stage 11 Exemption Program Values." A copy of this memorandum is located to the docket for this action in EPA -HQ -OAR -2010-1076. 28778 Federal Register/Vol. 77, No. 95/Wednesday, May 16, 2012/Rules and Regulations when ORVR is in widespread use on a nationwide basis. After reviewing our methodology and reviewing the related comments on the NPRM, we are retaining three of the four basic analytical input parameters and updating one. The in -use ORVR efficiency, the in -use Stage II efficiency, and the Stage II exemption rate parameters are the same as in the NPRM. However, we have updated the modeling program inputs as discussed previously, and the results are reflected in Table 2. TABLE 2 -PROJECTED PENETRATION OF ORVR IN THE NATIONAL VEHICLE FLEET BY YEAR -BASED ON MOVES 2010(a) Vehicle VMT Gasoline ORVR End of calendar year population Percentage dispensed Efficiency percentage percentage percentage 2006......................................................................................... 42.6 51.2 49.2 48.2 2007......................................................................................... 48.4 57.3 55.5 54.4 2008......................................................................................... 53.3 62.3 60.5 59.2 2009......................................................................................... 57.7 66.8 64.8 63.5 2010......................................................................................... 62.4 71.6 69.5 68.1 2011......................................................................................... 67.1 76.0 73.9 72.4 2012......................................................................................... 71.4 80.0 77.7 76.1 2013......................................................................................... 75.3 83.4 81.0 79.4 2014......................................................................................... 78.7 86.3 84.0 82.3 2015......................................................................................... 81.8 88.8 86.5 84.8 2016......................................................................................... 84.5 90.9 88.6 86.8 2017......................................................................................... 86.8 92.5 90.3 88.5 2018......................................................................................... 88.8 93.9 91.9 90.0 2019......................................................................................... 90.5 95.0 93.2 91.3 2020......................................................................................... 92.0 95.9 94.3 92.4 See EPA Memorandum "Onboard Refueling Vapor Recovery Widespread Use Assessment" in the docket (number EPA -HOAR -2010- 1076) addressing details on issues related to values in this table. Note: In this table, the columns have the following meaning. 1. Calendar year that corresponds to the percentages in the row associated with the year. 2. Percentage of the gasoline -powered highwayy vehicle fleet that have ORVR. 3. Percentage of vehicle miles traveled (VMT) by vehicles equipped with ORVR. 4. Amount of gasoline dispensed into ORVR-equipped vehicles as a percentage of all gasoline dispensed to highway motor vehicles. 5. Percentage from the same row in column 4 multiplied by 0.98. The results in Table 2 are applied in the context of the two basic analytical approaches used in the NPRM for supporting the final date associated with the EPA's widespread use determination. First, using the analysis based on equal reductions for Stage II and ORVR, the 77.4 percent in -use emission reduction efficiency for ORVR will occur in May 2013 (See column 5 of Table 2). Second, 75 percent of gasoline will be dispensed to ORVR- equipped vehicles by April 2012 (See column 4 of Table 2). C. Widespread Use Date The updated analysis indicates that the two benchmarks will occur about a year apart, and that one benchmark of April 2012 has already passed. At the time of the NPRM, both of the benchmark dales for the ORVR widespread use determination were in the future, many months after the EPA's expected final action. Thus, given the basic merits of both approaches, the EPA believed it was reasonable to propose a date between the dates associated with the two analytical approaches. The EPA's updated analysis presents a somewhat different picture. The April 2012 benchmark date has already passed, and the May 2013 benchmark date is less than 1 year away. We believe it is reasonable for the EPA Administrator to determine that ORVR is in widespread use in the motor vehicle fleet as of the date this final action is published in the Federal Register because this final rule is being promulgated within the window bounded by the two benchmark dates derived from the updated analyses. As discussed previously in this notice and in the NPRM, the EPA has discretion in setting the widespread use date. It is evident from the public comments on the NPRM from states and members of the regulated industry, and from recent state actions, that there is a desire to curtail Stage II installations at newly constructed GDFs, and to initiate an orderly phase-out of Stage II controls at existing GDFs?a Since one of the two analytical benchmark dates (April 2012) %' For example, in November 2011, New Hampshire put new regulations in place that eliminate the need for now GDFs to install Stage It, allows current GDFs with Stage 11 to decommission the systems, and requires all systems to be decommissioned by December 22, 2015. In May of 2011, Now York issued an enforcement discretion directive which curtailed the need for new stations to install Stage H and permitted current installations to be decommissioned. These actions remain under review of BPA. has passed, and we expect in most cases the second analytical benchmark date (May 2013) will have passed by the time the EPA is able to complete approvals of SIP revisions removing Stage II programs and pass any revised regulations, then in response to comments asking us to expedite the ORVR widespread use finding, the EPA Administrator is determining that ORVR is in widespread use in the motor vehicle fleet as of May 16, 2012. Accordingly, as of May 16, 2012 the requirement to implement a Stage II emissions control program under section 182(b)(3) of the CAA is waived. D. Implementation of the Rule Provisions In this final action, the ORVR widespread use determination and waiver of the section 182(b)(3) requirement applies to the entire country. This includes areas that are now classified as Serious or above for ozone nonattainment, as well as those that may be classified or reclassified as Serious or above in the future. In the NPRM, we indicated that states could potentially demonstrate that ORVR was in widespread use in specific areas sooner than the general, national date. Such a provision is no longer Federal Register/ Vol. 77, No. 95/Wednesday, May 16, 2012 /Rules and Regulations 28779 needed because today's action provides for a nationwide determination of widespread use effective on May 16, 2012. As stated in this final action and as pointed out by several commenters, the ORVR widespread use determination and section 182(b)(3) waiver determination does not obligate states to remove any existing Stage II vapor recovery requirements. It is possible that a state would determine it beneficial to continue implementation of a Stage II program. For example, in an area where ORVR-equipped fleet penetration is considerably less than the national average, or where Stage II exemptions are significantly more restrictive than the national assumptions used in this analysis, a state may determine that it would not be appropriate to modify its program immediately, but that it would be more appropriate to do so at a later date. In assessing whether and how to phase out Stage II requirements, states are encouraged to review, and as needed revise the area -specific assumptions about taking into consideration their inspection and enforcement resource commitments as well as ORVR/vacuum- assist Stage II compatibility. A state that chooses to remove the program must submit a SIP revision requesting EPA to approve such action and provide, as appropriate, a demonstration that the SIP revision is consistent with CAA section 110(1), and in some cases consistent with CAA section 193. The EPA will provide additional guidance on conducting assessments to support Stage II -related SIP revisions.29 The EPA encourages states to review this guidance and consult with the EPA Regional Offices on developing SIP revisions seeking EPA approval for phasing out existing Stage II programs in a manner that ensures air quality protections are maintained. Section 110(1) precludes the Administrator from approving a SIP revision if it would interfere with applicable CAA requirements (including, but not limited to, attainment and maintenance of the ozone NAAQS and achieving reasonable further progress). A state may demonstrate through analysis that removing a Stage II program in an area as of a specific dale will not result in an emissions increase in the area, or that the small and ever -declining increase is offset by other simultaneous changes in the implementation plan. However, a as "Phasing Out Stage a Gasoline Refueling Vapor Recovery Programs: Guidance on Satisfying Requirements of Clean Air Act Sections 110(1). 193, end 184(6)(2) (tentative title)." U.S. EPA Office of Au and Radiation, forthcoming. state may find that by removing Stage 11 requirements, they are reducing the overall level of emissions reductions they have previously applied toward meeting CAA rate of progress (ROP) or reasonable further progress (RFP) requirements, or demonstrating attainment. If so, the state should explain how removing Stage II controls in the area would not interfere with attaining and maintaining the ozone NAAQS in the area. In such circumstances, it is possible that additional emissions reductions from other measures maybe needed to offset the removal of Stage H. If EPA has approved a state's adoption of Stage II requirements into a SIP before November 15, 1990, section 193 would also apply. Section 193 provides that removal of an emissions control program cannot result in any emissions increase unless the increase is offset. Section 193 only applies if an area is nonattainment for the standard. Stale and local agencies should also consider any transportation conformity impacts related to removing Stage II if emissions reductions from Stage II are included in a SIP -approved on -road motor vehicle emissions budget. States may need to adjust conformity budgets or the components of the budget if removing Stage II requirements would alter expected air quality benefits. In previous memoranda, the EPA provided guidance to states on removing Stage II at refueling facilities dedicated to certain segments of the motor vehicle fleet (e.g., new automobile assembly plants, rental car facilities, E85 dispensing pumps, and corporate fleet facilities). In these specific cases where all or nearly all of the vehicles being refueled are ORVR-equipped, the EPA could conservatively conclude that widespread use of ORVR had occurred in these fleets.25 E. Implementation of Rule Provisions in the Ozone Transport Region States and the District of Columbia in the OTR in the northeastern U.S. are also subject to a separate Stage II -related requirement. Under section 184(b)(2) of the CAA (42 U.S.C. 7511c(b)(2)), all areas in the OTR, both attainment and nonattainment areas, must implement control measures capable of achieving emissions reductions comparable to those achievable through Stage II controls. The CAA does not contain specific provisions giving authority to the EPA Administrator to waive this -s "Removal of Stage II Vapor Recovery in Situation where Widespread Use of Debased Refueling Vapor Recovery is Demonstrated," from Stephen D. Page and Margo Tsirigatis Oge, EPA, December 12, 2006. independent requirement. The section 184(b)(2) requirement does not impose Stage II per se, but rather is a requirement that OTR states achieve an amount of emissions reductions comparable to the amount that Stage II would achieve. Moreover, section 202(a)(6), in allowing for a waiver of the section 182(b)(3) Stage II requirement for nonattainment areas, does not refer to the independent section 184(b)(2) requirements. Therefore, the section 184(b)(2) Stage II -related requirement for the OTR will continue to remain in place even after the ORVR widespread use determination and section 182(b)(3) waiver effective date. In the mid-1990s, the EPA issued guidance on estimating what levels of emissions reductions would be '.comparable" to those reductions achieved by Stage II.26 In response, most OTR states simply adopted Stage II programs rather than identify other measures that got the same degree of emissions reductions. Given the continued penetration of ORVR- equipped vehicles into the overall vehicle fleet, Stage 11 -comparable emissions we significantly less than in the past, and continue to decline. Accordingly, the EPA is issuing updated guidance on determining "comparable measures." States in the OTR should refer to that guidance if preparing a SIP revision to remove Stage II programs in areas of the OTR.27 Commenters on the NPRM urged the EPA to revise its previous interpretation of section 384(b)(2) to permit ORVR to be recognized as a Stage II comparable emission reduction measure. This issue is not within the scope of this rulemaking, and EPS is not taking final agency action implementing section 184(b)(2) or an interpretation thereof. However, for informational purposes, we point out that simply treating the ORVR requirements under section 202(a)(6) as a comparable measure that an OTR SIP must additionally contain would arguably render the 184(b)(2) requirement a nullity, which could be an impermissible statutory interpretation. If commenters wish to further address this issue, we ask that they raise their concerns in any future SIP actions under section 184(b)(2) regarding OTR states that may affect them. In addition, we note that the expected level of emissions reductions ae"Stage Il Comparability Study for the Northeast Ozone Transport Region;' (EPA -452/R-94-011; January 1995). -"'Phasing Out Stage II Gasoline Refueling Vapor Recovery Programs: Guidance on Satisfying Requirements of Clean Air Act Sections 110(1), 193, and 184(b)(2) (tentative title)." U.S. EPA Office of Air and Radiation, forthcoming. 28780 Federal Register / Vol. 77, No. 95 / Wednesday, May 16, 2012 / Rules and Regulations that Stage II programs can obtain has changed significantly in the past 15 years with ORVR-equipped vehicles phasing in at the rate of 3-4 percent of the fleet each calendar year. Therefore, the EPA is issuing updated guidance on estimating the emissions reductions needed to be comparable to those achievable through Stage II controls. Theoretically, comparable measures could in some areas mean no additional control beyond ORVR is required if Stage II is achieving no additional emission reduction benefit in the area, or has reached a point of providing only a declining de minimis benefit. F. Comments on Other Waiver Implementation Issues Numerous commenters on the NPRM urged the EPA to adopt provisions in the final rule that would exempt new gasoline dispensing facilities with construction occurring between the final rule publication and the effective Stage II waiver date from installing Stage IT equipment. The timing issue is now largely moot since widespread use is deemed to have occurred on the effective date of this action. However, under the CAA, states adopt state - specific or area -specific rules, which are then submitted to the EPA for approval into the SIP. These rules are independently enforceable under state law, and also become federally enforceable when the EPA approves them into the SIP. The EPA cannot unilaterally change legally -adopted state statutes or rules or otherwise revise an approved SIP that was not erroneously approved. The EPA's only authority to establish requirements that would apply in lieu of approved SIPs is its authority under CAA section 110(c) to promulgate a Federal Implementation Plan (PIP). To trigger FIP authority, the EPA must first determine that a state has failed to submit a required SIP or that the state's SIP must be disapproved. The circumstances of this ORVR widespread use finding and waiver of the section 182(b)(3) Stage II requirement to do not present either of those situations. According to requirements established by the CAA that are applicable here, stales will need to develop and submit SIP revisions to the EPA in order to change or eliminate SIP -approved state rules that set forth the compliance dates for newly constructed GDFs. Commenters also urged EPA to simply allow states to eliminate all active Stage II programs from certain nonattainment areas after the widespread use date, without requiring SIP revisions from states. While the EPA has discretion to determine the widespread use date, the EPA cannot simply nullify states' rules that are binding and enforceable under state law. In order to change the federal enforceability of SIPS, states must go through the SIP revision process, and the EPA can approve the SIP revision only if the provisions of section 110(1) and any other applicable requirements, such as the requirements of section 193 and the comparable measures requirement for OTR states, are satisfied. Today's final rule takes no action in implementing CAA sections 110(1), 193, or 184(b)(2), and any future final actions regarding "comparable measures" SIPS will be fact -specific in response to individual state submissions. Also, subsequent to the effective waiver date of the section 182(b)(3) Stage fI requirements, areas currently implementing the EPA - approved Stage B programs in their SIPS as a result of obligations under the 1 - hour or 1997 8 -hour ozone NAAQS, would be required to continue implementing these programs until the EPA approves a SIP revision adopted under state law removing the requirement from the state's ozone implementation plan. VII. Estimated Cost As part of the NPRM, the EPA conducted an initial assessment of the costs and savings to gasoline dispensing facility owners related to this proposed action. The report titled, "Draft Regulatory Support Document, Decommissioning Stage II Vapor Recovery, Financial Benefits and Costs;' is available in the public docket for this action. The report examines the initial costs and savings to facility owners incurred in the decommissioning of Stage II vapor recovery systems, as well as changes in recurring costs associated with above ground hardware maintenance, operations, and administrative tasks. The EPA received no substantive comment on the draft report, other than a concern that the savings identified therein may not come to pass as quickly as envisioned in the draft report if the EPA does not provide updated guidance on comparable measures for the OTR states. We intend to address this concern by issuing separate guidance for the stales.28 EPA will post this action at the following web site address: http://iv .epa.govl glo/actions.html. As part of the re -analysis following the NPRM, the EPA reviewed the input values used for the proposal draft. Most input values were confirmed as xa"Phasing Out Stage 11 Gasoline Refueling Vapor Recovery Programs: Guidance on Satisfying Requirements of Clean Air Act Sections 110(/), 193, and 184(b)(2) (tentative title)." U.S. EPA Office of Air and Radiation, forthcoming. reasonable and representative but it was concluded that two of the values should be updated. These include: (1) The pre- tax price of gasoline used in the foregone vapor recovery savings calculation, which increased from $2.30 in 2010 to $3.04 in 2011 (average price per gallon), and (2) the number of Stage II facilities potentially affected by SIP revisions removing Stage II requirements in non -California Serious, Severe and Extreme ozone nonattainment areas which increased from 26,900 to 30,600 in 19 states and the District of Columbia. As discussed in our final regulatory support document, the EPA estimates recurring cost savings of about $3,000 per year for a typical gasoline dispensing facility, and an annual nationwide savings of up to $91 million if Stage II is phased out of the approximately 30,600 dispensing facilities outside of California that are required to have Stage II vapor recovery systems under section 182(b)(3) of the CAA.29 This analysis assumes that Stage II is removed from GDFs over a three year time frame in an equal number each year. What actually occurs will depend on actions by the individual states. If the states submit and EPA approves SIP revisions to remove Stage II systems from these GDFs, the EPA projects savings of about $10.2 million in the first year, $40.5 million in the second year, and $70.9 million in the third year. Long term savings are projected to be about $91 million per year, compared to the current use of Stage II systems in these areas. VIII. Statutory and Executive Order Reviews A. Executive Orders 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993), this action is a "significant regulatory action" because it raises novel legal or policy issues arising out of legal mandates. Accordingly, the EPA submitted this action to the Office of Management and Budget (OMB) for review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011) and any changes made in response to OMB recommendations have been documented in the docket for this action. se See "Pinot Regulatory Support Document, Decommissioning Stage 11 Vapor Recovery, Financial Benefits and Costs," available in public docket, EPA—HQ—OAR-2010-1076. Federal Register/Vol. 77, No. 95/Wednesday, May 16, 2012/Rules and Regulations 28781 B. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3(b). It does not contain any recordkeeping or reporting requirements. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this action on small entities, small entity is defined as: (1) A small business as defined in the Small Business Administration's (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this action on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This rule will not impose any new requirements on small entities. Rather, it provides criteria for reducing existing regulatory requirements on gasoline dispensing facilities, some of which may qualify as small businesses. D. Unfunded Mandates Reform Act This action contains no federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531- 1538 for state, local, or tribal governments or the private sector. The action imposes no enforceable duty on any state, local or tribal governments, or the private sector. Therefore, this action is not subject to the requirements of sections 202 and 2o5 of the UMRA. This action is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. This action addresses the removal of a requirement regarding gasoline vapor recovery equipment, but does not impose any obligations to remove these programs. E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. This action does not impose any new mandates on state or local governments. Thus, Executive Order 13132 does not apply to this rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have substantial direct effects on tribal governments, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. H,Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not a "significant energy action" as defined in Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. It does not impose additional costs on gasoline distribution, but rather promises to lower operating and maintenance costs for gasoline dispensing facilities by facilitating removal of redundant gasoline refueling vapor controls. L National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 ("NTTAA"), Public Law 104-113,12(d), (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This rulemaking does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low -Income Populations Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not directly affect the level of protection provided to human health or the environment under the EPA's NAAQS for ozone. This action proposes to waive the requirement for states to adopt largely redundant Stage II programs, based on a determination of widespread use of ORVR in the motor vehicle fleet. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the 28782 Federal Register/ Vol. 77, No. 95/Wednesday, May 16, 2012/Rules and Regulations Congress and to the Comptroller General of the United States. The EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a "major rule" as defined by 5 U.S.C. 804(2). This rule will be effective upon publication in the Federal Register. IX. Statutory Authority The statutory authority for this action is provided by the CAA, as amended (42 U.S.C. 7401, et seq.); relevant provisions of the CAA include, but are not limited to sections 182(6)(3), 202(a)(6), 301(x)(1), and 307(6), and 307(d)(42 U.S.C. 7513a(b)(3), 7521(a)(6), 7601(a)(1), 7607(b), and 7607(d)). List of Subjects in 40 CFR Part 51 Environmental protection, Administrative practice and procedure, Air pollution control, Ozone, Particulate matter, Volatile organic compounds. Dated: May 9, 2012. Lisa P. Jackson, Administrator. For reasons set forth in the preamble, part 51 of chapter I of title 40 of the Code of Federal Regulations is amended as follows: PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS. ■ 1. The authority citation for part 51 continues to read as follows: Authority: 23 U.S.C. 101; 42 U.S.C. 7401- 7671q. Subpart G—[Amended] ■ 2. Section 51.126 is added to read as follows: §51.126 Determination of widespread use of ORVR and waiver of CAA section 182(b)(3) Stage II gasoline vapor recovery requirements. (a) Pursuant to section 202(a)(6) of the Clean Air Act, the Administrator has determined that, effective May 16, 2012, onboard refueling vapor recovery (ORVR) systems are in widespread use in the motor vehicle fleet within the United States. (b) Effective May 16, 2012, the Administrator waives the requirement of Clean Air Act section 182(6)(3) for Stage II vapor recovery systems in ozone nonattainment areas regardless of classification. States must submit and receive EPA approval of a revision to their approved Stale Implementation Plans before removing Stage II requirements that are contained therein. [FR Doc. 2012-11846 Filed 5-15-12; 8:45 amt BILLING CODE 6560ee-1` ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-RO3-OAR-2011-0714; FRL-9670-3] Approval and Promulgation of Air Quality Implementation Plans; Delaware, New Jersey, and Pennsylvania; Determinations of Attainment of the 1997 Annual Fine Particulate Standard for the Philadelphia -Wilmington Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is making two determinations regarding the Philadelphia -Wilmington, PA -NJ -DE fine particulate (PM2.5) nonattainment area (the Philadelphia Area). First, EPA is making a determination that the Philadelphia Area has attained the 1997 annual PM2.5 national ambient air quality standard (NAAQS) by its attainment date of April 5, 2010. This determination is based upon quality assured and certified ambient air monitoring data that show the area monitored attainment of the 1997 annual PMzs NAAQS for the 2007-2009 monitoring period. Second, EPA is making a clean data determination, finding that the Philadelphia Area has attained the 1997 PM2.5 NAAQS, based on quality assured and certified ambient air monitoring data for the 2007-2009 and 2008-2010 monitoring periods. In accordance with EPA's applicable PM2.5 implementation rule, this determination suspends the requirement for the Philadelphia Area to submit an attainment demonstration, reasonably available control measures/reasonably available control technology (RACM/ RACT), a reasonable further progress (RFP) plan, and contingency measures related to attainment of the 1997 annual PM2.5 NAAQS for so long as the area continues to attain the 1997 annual PM2.5 NAAQS. These actions are being taken under the Clean Air Act (CAA). DATES: This rule is effective on June 15, 2012. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA -R03 -OAR -2011-0714. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region IB, 1650 Arch Street, Philadelphia, Pennsylvania 19103. FOR FURTHER INFORMATION CONTACT: If you have questions concerning EPA's action related to Delaware or Pennsylvania, please contact Maria A. Pine, (215) 814-2181, or by email at pfno.maria©epa.gov. If you have questions concerning EPA's action related to New Jersey, please contact Henry Feingersh,(212) 637-3382, or by email at feingersh.henry@epa.gov. SUPPLEMENTARY INFORMATION: The following outline is provided to aid in locating information in this action. I. Background II. Summary of Actions III. Summary of Public Comments and EPA Responses IV. Final Actions V. Statutory and Executive Order Reviews I. Background On January 23, 2012, EPA published a direct final rulemaking (77 FR 3147) and companion notice of proposed rulemaking (NPR) (77 FR 3223) for the States of Delaware and New Jersey and the Commonwealth of Pennsylvania (the States). In the January 23, 2012 rulemaking action, EPA proposed to determine that the Philadelphia Area attained the 1997 PM2.5 NAAQS by its attainment date, April 5, 2010. EPA also proposed to make a clean data determination, finding that the Philadelphia Area has attained the 1997 PM2.5 NAAQS. Because EPA received adverse comment, EPA withdrew the direct final rule on March 13, 2012 (77 FR14697), and the direct final rule was converted to a proposed rule. II. Summary of Actions These actions do not constitute a redesignation to attainment under section 107(d)(3) of the CAA. The designation status of the Philadelphia Area will remain nonattainment for the 1997 annual PM2.5 NAAQS until such Item Number: 10.d. +r P_ W�rm�M CITY O� IOWA CITY www.icgov.org July 16, 2019 Ordinance conditionally rezoning approximately 1.75 acres of land located at the northwest corner of Benton Street and Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings- Orchard (RFC -0). (REZ18-00019) (Pass and Adopt) /_1ii_Xa:ILTi 140111& I Description RFC Affordable Housing Requirements Staff Report with Attachments Planning and Zoning Commission Minutes (05.16.2019) Ordinance and CZA I Table of Income and Rent Limits � � QAr Riverfront Crossings (RFC) Affordable Housing Requirements (effective 6/28/2019) CITY OF IOWA CITY RFC Income Limits Household Size 1 2 3 4 5 60% Area Median Income $40,200 $45,960 $51,720 $57,420 $62,040 110% Area Median Income $73,700 $84,260 $94,820 $105,270 $113,740 RFC Rent Limits SRO Efficiency 1 BDR 2 BDR 3 BDR HOME Fair Market Rent $459 $612 $684 $902 $1,304 RFC Sales Price Limits 1-Unit New Homes Purchase Price Limit $244,000 Rents, incomes limits, and sales prices are updated annually. 60% AMI is the income limit for renter -occupied housing. 110% AMI is the income limit for owner -occupied housing. Updated 6/27/2019 To: Planning and Zoning Commission Item: REZ18-00019 GENERAL INFORMATION: STAFF REPORT Prepared by: Ray Heitner, Associate Planner and Luke Foelsch, Planning Intern Date: May 16, 2019 Applicant: M & W Properties P.O. Box 5152 Coralville, IA 52241 319-430-5991 Rvanwade1000@gmail.com Contact: Mark Seabold - Shive Hattery 2839 Northgate Drive Iowa City, IA 52245 319-354-3040 mseabold@shive-hattery.com Property Owner: (same as applicant) Requested Action: Rezone 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single - Family Residential (RS -8) to Riverfront Crossings - Orchard Subdistrict (RFC -0) Purpose: Redevelop the properties according to the Riverfront Crossings - Orchard Subdistrict Standards Location: 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street Location Map: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Comprehensive Plan: District Plan: Neighborhood Open Space District: Public Meeting Notification: File Date: 45 Day Limitation Period: K I mp l � r ESE 7� Li pEsdawk, Awl I a Approximately 1.748 acres total Four duplexes and four single family dwellings, all zoned Medium Density Single -Family Residential (RS -8) Northwest: Multi -Family dwelling (OPD -5) Northeast: Multi -Family dwelling (RFC -0) East: Kum & Go (RFC -WR) South: Single -Family dwellings (RS -8) West: Single -Family dwellings (RS -8) Mixed Use Downtown and Riverfront Crossings Master Plan, Orchard Subdistrict Miller/ Orchard (SW4) Property owners located within 300 feet of the project site received notification of the Planning and Zoning Commission public meeting. November 29, 2018 Waived 45 -day limitation period. BACKGROUND INFORMATION: The applicant, M & W Properties, has requested a rezoning from Medium Density Single - Family Residential (RS -8) to Riverfront Crossings — Orchard Subdistrict (RFC -0) for 1.748 acres at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street. In 2016, the City Council adopted an amendment to the Downtown and Riverfront Crossings Master Plan by adding the Orchard Subdistrict. The new subdistrict 3 encompasses properties located along Orchard Street and Orchard Court north of Benton Street, and was created to encourage residential redevelopment that would serve as a transition between the higher intensity mixed-use area along Riverside Drive and the lower intensity single-family residential neighborhood to the west. In 2017, the City Council adopted an amendment to the zoning code to incorporate the Orchard Subdistrict into the Riverfront Crossings form -based code. The zoning standards were adopted to ensure that buildings are complementary in mass and scale to the adjacent single-family neighborhood, and to require a 30 -foot setback between Orchard Subdistrict development and the adjacent single-family zone. This zoning code amendment also included the addition of the Orchard Subdistrict to the Regulating Plan. The applicant held a Good Neighbor meeting prior to the Comprehensive Plan Amendment on February 11, 2016 but have not held a Good Neighbor meeting for this specific rezoning application. ANALYSIS: Current Zoning: The properties are currently zoned Medium Density Single -Family Residential (RS -8). They are located on the westernmost edge of the Orchard Subdistrict, which is the westernmost Subdistrict in Riverfront Crossings. A large swath of similarly zoned RS -8 parcels extends to the south and west. The maximum allowable density in the RS -8 zone is 8 dwelling units/acre. There are currently 12 total dwelling units in this area (over 1.748 acres) Proposed Zoning: The proposed Riverfront Crossings Orchard Subdistrict (RFC -0) zone is "Intended for lower intensity residential development in buildings with street -facing entries opening onto pedestrian -friendly streetscapes that provide a transition between higher intensity mixed- use areas along Riverside Drive and low -scale residential neighborhoods to the west." This zone was tailored specifically for an approximately 5 -acre area, within which the subject properties are located. The zone also explicitly prohibits commercial and industrial uses in this zone, except in live -work townhouses. The RFC -O zone does not restrict density through limitations on dwelling units per acre, but rather through limitations on maximum building height. Unlike the other RFC Subdistricts however, the Orchard Subdistrict has no bonus height provisions and therefore is not eligible for any additional height above the base maximum of three stories. Multi -family buildings in this subdistrict that are two stories or greater are also required to have a 10' stepback, intended to mitigate the visual impact of larger buildings. The attached development concept accompanying this rezoning application is proposing a total of 125 dwelling units between two buildings to be located on the rezoned area. While the proposed rezoning will result in an increase in the number of housing units, it will still provide a transition from the West Riverfront Subdistrict to the single-family housing to the west, due to the development standards that are required in the Orchard Subdistrict. If the proposed rezoning is approved, future developments in this area will be subject to the Affordable Housing Requirement in place for all Riverfront Crossings zoning designations. This requirement mandates the provision of affordable housing units in the amount of 10 II or more percent of all dwelling units in the development. This requirement may also be satisfied through a fee in lieu contribution to an affordable housing fund. Staff is recommending that a condition of the rezoning be that the applicant satisfy the affordable housing requirements in section 14-2G-8 as needed. Existing Land Uses: The subject property currently contains four single-family dwellings and four duplexes. It is abutted to the east by a Kum & Go convenience store, constructed in 2016. To the south and west lie single-family dwellings. North of the subject property are multi -family dwellings, three built in the 1980's, and one that was completed as a part of the Riverfront Crossings — Orchard Subdistrict in 2018. Rezoning Review Criteria Staff uses the following two criteria in the review of rezonings: 1. Consistency with the comprehensive plan; and 2. Compatibility with the existing neighborhood character. Consistency with the Comprehensive Plan: The subject properties are in the Orchard Subdistrict of the Downtown and Riverfront Crossings Master Plans. Figure 1.0 shows an excerpt from the master plan that lists the plan objectives, desired development character for the district, and the types of development envisioned for this area. The development that is currently planned for the proposed rezoning would satisfy several of these objectives. It would create a transition from larger -scale mixed use and commercial buildings along Riverside Dr. to single family housing to the west of the district. By keeping the height of both proposed buildings at a maximum height of three stories, the applicant can provide the desired number of units, but do so in a manner that is not overbearing to the single family uses to the west. Rezoning the property to the new designation will facilitate the type of redevelopment envisioned for this specific area in the Downtown and Riverfront Crossings Master Plan. This conformance with the form -based code complies with the intent of the Comprehensive Plan for this area. Figure 1.0 Orchard District Summary Master Plan Objectives. a Encourage redevelopment that is complementary in mass and scale to the adjacent single family neighborhood Create a transition from larger scale mixed-use and commercial buildings along Riverside Drive to single family r Improve design quality of development Create better and more visible street access Development Character: Buildings that are articulated and scaled in a manner appropriate for transition from the larger scale, mixed-use corridor to the adjacent single family neighborhood a Buildings fronting tree -lined streets a Parking located away from street frontages with minimal surface parking lots Use rear or side yard setbacks, upper floor stepbacks, and landscaping to create transitions to single family neighborhood Development Program: Limited to cottage homes, rowhouses, townhouses, live -work townhouses, and two to three-story multi -dwelling buildings with third floor stepback High level of design in exchange for increased density 5 Compatibility with the Existing Neighborhood Character., The proposed rezoning is distinct from a typical rezoning in that the impetus for the Orchard Subdistrict zone's creation was to ensure neighborhood compatibility. It was expressly created to provide a transitional buffer between the more intensive development allowed in the Riverfront Crossings — West Riverfront Subdistrict (RFC -WR) to the east and the existing Medium Density Single -Family Residential (RS -8) to the west. Any general neighborhood compatibility concerns for this area were addressed during the 2017 zoning code amendment process which established the RFC -0 Subdistrict. A goal of the Orchard Subdistrict is to improve the aesthetics of development in the area and encourage the development of high-quality housing that meets the needs of the community. The form -based standards will ensure that development on the properties will be designed in a manner consistent with the residential character envisioned in the Downtown and Riverfront Crossings Master Plan and provide new affordable housing options consistent with the Riverfront Crossings affordable housing obligation. The applicant is currently proposing two separate 3 -story multi -dwelling unit buildings. The attached concept plan shows one larger building running north -south between Orchard St. and Benton St., with the other building being set back off Orchard Court. The second building would be situated in the location that is currently occupied by 224 — 330 Orchard Court. The proposed development is planning on increasing the front yard setback off Benton St., in addition to creating a pedestrian oriented street beside the current Orchard Court right-of-way to provide a neighborhood park setting. Transportation and Access City staff requested that the applicant submit a traffic study to evaluate how the proposed development might impact traffic in the area. The study examined two adjacent intersections located at the crossing of Benton St. and Orchard St. and Benton St. and Riverside Dr. The analysis indicated that the proposed development would operate at LOS (Level of Service) D through 2040 during peak periods as measured by the Iowa DOT. This level of service is generally acceptable in urban conditions. The development as proposed is anticipated to create an additional 30-40 peak hour trips during AM and PM peak hours (approximately 7:30 A.M. to 8:30 A.M. and 4:30 P.M. to 5:30 P.M.). However, the City is not looking to signalize the intersection of Benton St. and Orchard St. at this time. A signal at this intersection would create the shortest signal to signal block in the city. This increase is not large enough to mandate installation of a traffic signal because of this proposed development. The applicant has also applied for the vacation of approximately .10 acres of right-of-way located to the north of the subject area. This area would be used to provide access for residents in the proposed development, and for emergency response vehicle access from Orchard Street. Staff is recommending a condition that the applicant install a hammerhead turnaround at the far western end of the proposed driveway to help with access for emergency response vehicles. The survey of the area to be vacated can be seen below in Figure 2.0. Staff is recommending that a condition of the rezoning be that the rezoning is contingent upon approval of the associated right-of-way vacation. 0 Figure 2.0 VACATION EXHIBIT A PART OF S. RNERSIOE COURT IOWA CITY, IOWA. I / I � / I 3 m11 c0INTOFOEGINNING VACA D Li G ® e 4 I 25.94' I yv 7-m-7--u-1NRVE TneLE To match right-of-way space along Benton St. that has been allocated to the Kum and Go station located at the northwest corner of Benton St. and Riverside Dr., the City is requesting that a condition of the rezoning be that the applicant provide an additional 15' of right-of-way off Benton St. This increased right-of-way will allow for continuation of the 6' sidewalk located to the east of the subject property. The City is also recommending a condition that the 6' sidewalk that is located to the east of the subject property be constructed along the Benton St. frontage of the subject property. The separation distance between the proposed sidewalk extension and the existing street is wide enough to accommodate an additional lane on the north side of Benton St., should the City need to widen Benton St. In addition, the City is recommending a condition that the applicant construct a sidewalk along the Orchard St. frontage of the subject property. Sidewalks will be built to specifications to be determined by Public Works. The Iowa City Bicycle Master Plan's Functional Bikeway Network indicates Benton Street as a Principal On -Street Bikeway, and the particular stretch on which the subject properties are located is marked for "Bike Lanes with New Construction/Reconstruction." Furthermore, Iowa City's Benton Street & Riverside Drive bus stop (Stop 8005) is located along Benton Street just east of the subject properties and is served by the Westport Plaza bus line with buses arriving every hour. Staff further recommends a condition to provide a 30' wide access easement between the north right-of-way and Benton St. Staff recommends that this easement be put in place now, should it be determined that an additional point of access to the area is necessary in the future. An approximate location of this access easement is shown below in Figure 3.0. VA Figure 3.0 The attached concept plan shows a pedestrian street running north -south between the two proposed multi -family residential buildings. This pedestrian street is required by Riverfront Crossings Regulating Plan. Staff is recommending a condition that the applicant construct the pedestrian street shown in the attached concept plan. A 30' wide public access easement will be required over the span of the pedestrian street. Open Space Requirements All projects with residential use in a Riverfront Crossings zoning designation are subject to private Open Space Requirements. This requirement amounts to the provision of 10 square feet of open space per bedroom, amounting to no less than four hundred square feet of open space total. The proposed developments would be subject to this requirement. These requirements will be verified at Design Review. Public Utilities City staff anticipates that the existing stormwater infrastructure will be able to accommodate runoff from the proposed development. Public Works will verify water flow requirements for the development at site plan review. The area is serviced by a 6" water main off Orchard St. There is a possibility that this will not be a large enough main to service this project. If it is determined that a 6" main is not sufficient for the proposed density, then the developer will be responsible for increasing this main from 6". NEXT STEPS: Upon recommendation of approval from the Planning and Zoning Commission, a public hearing will be scheduled for consideration of the application from the City Council. Upon approval from the City Council, plans for the two multi -family residential buildings will be reviewed administratively through Site Plan Review and Design Review. Once these administrative reviews are complete, the applicant can file for any necessary building permits. N. STAFF RECOMMENDATION: Staff recommends approval of REZ18-00019, a proposal to rezone approximately 1.748 acres of property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings — Orchard Subdistrict (RFC -0), subject to the following conditions: 1) Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2) Construction of a hammer -head turnaround for fire/emergency response vehicles in the driveway area to the north of the rezoning assemblage. 3) The rezoning is contingent upon City Council approval of VAC 19-1. 4) The developer shall dedicate 15' of right-of-way along the north side of the Benton St. frontage to the City. 5) Construction of a 6' wide sidewalk along the Benton St. frontage of the subject property. 6) Construction of a sidewalk along the Orchard St. frontage of the subject property. 7) Provision of a 30' wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage (pending right-of-way to be acquired by M&W), down to Benton St. 8) Construction of the pedestrian street as shown in the attached concept plan. 9) Dedication of a 30' wide public access easement over the span of the pedestrian street. ATTACHMENTS: 1. Location Map 2. Zoning Exhibit 3. Concept Plan and Renderings Approved by: Danielle Sitzman, AICP Department of Neighborhood and Development Services .'llo 44 Ot CITY OF IOWA CITY r R HgRDD T' W110 lv� yj ',T' ".x •}� L Lam. ' _ r - I' y s: TZ 0! 00 go ' 4C. r �- W BENTONS T Mow OKA f I y � : l f An application submitted by M&W Properties LLC for a rezoning of 1.748 acres from Medium Density'`^' Single -Family Residential (RS -8) to Riverfront �- c'osTG Crossings - Orchard Subdistrict (RFC -0) at 204 W Benton Street; 224, 226, 330, and 650 Orchard Court; 711, 725, and 741 Orchard Street. ? , " .'llo 44 Ot CITY OF IOWA CITY CC2 RS8 RS8 OPD5 RFC -O ° CC2 11 OPD5 v CC2 W20 RS8 RS8' RFC-0 H r u • � OPD5R p CyARO RFC -WR rq RS8 RS8 CT S CC2 C. W20el a RS8 Z RS8 m RS8 RS8 O RS8 RS8 RS8 RS8 RS8 :S8 RS8RS8 < RFC WR ! RS8 X RS8 To - RS8 o RFC -WR RS8 = r RS8 RS8 RS8 RS8 RS8 RS8 o ow ++ RFC -WR RFC-WRa�� RS8 :S8 RS8 RS8t _ - is e !, W BENTON ST�� A. A 7 RS8', I `. °fi ,� CC2 CC2 O CC ' RS8 RS8 RS8 R �_ CC2 � * CC2 RS8 D RS8 RS8 RS8 RS8 RS8 RS8 RS8 RS8 r CC2 �I� A,� CC2 a, RS8 RS8 CC2 RS8 RS8 C– S8 _ N f9 CC2 An application submitted by M&W Properties LLC s RS8 « cc2 for a rezoning of 1.748 acres from Medium Density CC2 Single -Family Residential (RS -8) to Riverfront cc2Crossings - Orchard Subdistrict (RFC -0) at 204W 7'.m Benton Street; 224, 226, 330, and 650 Orchard + RS8 CC2 CC2 s cc2 Court; 711, 725, and 741 Orchard Street. I CC2 RS8 , - .,,., I — , ..,., , .,.., ...,., ....., ....., ..w . 1-1 ­" s CC2 f 'CC2* Orchard District ^Y 6 M & W Properties Orchard District - Rezoning to Iowa Riverfront Crossings 204 West Benton Street, Iowa City, Iowa MMOOOO mob -51 �Y a is 'via G& F �a Wa. w 1w fps J N- _ I• u I� L lb tl� kip 4 � - O 40 0 � 1 0 40 08.31.2018 S H I V E F I ATT E RY ARCH I T E C T U R E +ENGIN EERI NG •i .e �.. .tea — fes■ ON ST `19D M i M - 632 �1 R Orchard Y _ 26 224 � F 10 W J fa - m qPF . I, 2 5 - I Ar H 34-1 ' Y 224 220 734 rt J, �I 204 ice' - - A 3m I r. X - . F a �1 .rww IF ml I .T �Ikl� iA 804®® � e 1 � a jog P, = 3_ 9W 2 21AM— M & W Properties Orchard District - Rezoning to Iowa Riverfront Crossings 204 West Benton Street, Iowa City, Iowa 08.31.2018 S H I V E I- I ATT E RY A R C H I T E C T U R E+ E N G I N E E R I N G 7o1 - 1 -r 7vb� 770 714 s— L--7 r— r:— .- - - 41 • � 330 IP L 614 81L I7, Orchard District • i 06 -MAMMMIM6 6224, IL 2f 3 205 NNW 225 2AWEL 21 zr� M & W Properties Orchard District - Rezoning to Iowa Riverfront Crossings 204 West Benton Street, Iowa City, Iowa Previously Rezoned RFC -0 and developed utilizing Iowa Form Based Code. 1: ity's i! Or d, L A11 - IN — — --------- — — ------- II ~ A --- � wi Ob Properties to be Rezoned to f - �� . 4 73 AN dim an fA- JL 08.31.2018 SHIVEHATTERY ARCHITECTURE + E N G I N E E R I N G A +� 00 oilOgg� aty -I EI, r '.� (' Y /� .. �� .• •_ a ti`ty _'•�-rlr w.T_ _ _ `+V�- - - _ _ - _- +_� ` • +':� � .f w \ -� • �w � .,`� Y ��; +��--mss r i.►.... `�x� Wit. �4s•,�:�, "';�,„;,�. � s.� VN Dncept Benton Street rendering as part ot co M & W Properties Orchard District - Rezoning to Iowa Riverfrc .1r: 0 Am a0 a N tS F_i P. Y ra .- 1.11,, 4111 � �'6' �'-• ei°!^�■ 1-� �Il�ar �� a 3 " r 7 �5 L IL[i SO V`1`1-;�O-',�, 6 r� Ilk, ` may- '� �� •�ta �IR� � 61:191Z :� [� 1 �l �I�] � �[�I�I� ■ �Y FA F-1 X111210 i� y � ter. a � -� •, --- _ a_ •. - +� y .•: ` '•. !' fpr::-. �,� -,; - •,,,, � Irl° � , `�. - �,—�- � IN i Ink L y • � - �. '� �� ..... '*�.. � - may,° o � q�r^... *. 'ti* y.��. .". '° �, � .- l' ki �.. � _.. � '� �•�� !i Pr r •i . 4 - IL 1wr ca x WR I 5 �_ -``- "-- '' ',-a�-+.' 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Yr r®" 1d IL' - _ -recently completed ro ect with RFF Z.- 3 Wa I ,I T• �' �s1 � �r � s . � Prenertie orchard District - Rezoning to Iowa Rivertront Crc &ONSon-", Ali If 4 - t, g " I r° r 1 I 4 gar. 'i � - � • y4'•.L i- r.. �� ,1`•� - �Fli � 1 p y i • IiP f r Tp ! r a _ b d,• �9 '� °•''{ �� _, a� ' '° �r � - I '�' it g 5 a ... r � _ R_ AL t ■ IJ � ° V-4, p I& I �, '' a� 1 +" 1 1'T 1 I'^ r ,aa p '01 1 i a ea 1 ■ h" d.. r _AMP e, ,. .. ��� I - •,•IVC � � � ,' 'al Li 1 t ' 1 aP. ! c • L � lw 7 r • , T . - j . FI- Ii PlIFI rYVA is , IL r n c,a - • r ;4" fl L '11L - e e5 T -qV; PF -fire , y 0, 'I M ■ 7_9 —�— allow Wd ' � y s 3. A - •. ITM}. 1 e 9 1 9 " WJIO off* U0110— �ijolljllllllllllll `-recently completed project with RFC -0 Zoning - July 2018 M & W Prop orchard Disl Ke7on_lna to Ic ED 0 0 W LA EA ME MINUTES APPROVED PLANNING AND ZONING COMMISSION MAY 16, 2019 — 7:00 PM — FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: Larry Baker, Carolyn Dyer STAFF PRESENT: Sara Hektoen, Ray Heitner, Anne Russett OTHERS PRESENT: John Yapp, Mark Seabold, Ryan Wade, Randy Miller RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-0 the Commission recommends approval of SUB19-2, an application submitted by Allen Development for a preliminary plat of the Capital Subdivision, 1 -lot, 3.20 -acre commercial subdivision located at the northwest corner of Highway 1 and Moss Ridge Road. By a vote of 5-0 the Commission recommends approval of REZ18-00019, a proposal to rezone approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings — Orchard Subdistrict (RFC -0), subject to the following conditions: 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The rezoning is contingent upon City Council approval of VAC 19-1. 3. The developer shall dedicate 15' of right-of-way along the north side of the Benton St. frontage to the City. 4. Construction of a 6' wide sidewalk along the Benton St. frontage of the subject property. 5. Construction of a sidewalk along the Orchard St. frontage of the subject property. 6. Provision of a 30' wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage (pending right-of-way to be acquired by M&W), down to Benton St. 7. Construction of the pedestrian street as shown in the attached concept plan. 8. Dedication of a 30' wide public access easement over the span of the pedestrian street. 9. Landscaping plan approved by City Forester to include street -lined trees in the right-of- way. 10. The vacated land from VAC 19-1 be zoned RFC -O as well. By a vote of 5-0 the Commission recommends approval of VAC19-1, a vacation of the right-of- way west of Orchard Ct. and north of 330, 226, 224, and 650/652 Orchard Ct. in Iowa City, IA. By a vote of 5-0 the Commission recommends approval of REZ19-4, a request to rezone approximately 0.20 acres of property located at the southwest corner of E. 1 st St. and S. Gilbert St. from Intensive Commercial (CI -1) and (P-1) to Riverfront Crossing -South Gilbert (RFC -SG), subject to the following conditions: Planning and Zoning Commission May 16, 2019 Page 2 of 7 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The developer shall dedicate 40' of right-of-way along the west side of the S. Gilbert St. frontage to the City. By a vote of 5-0 the Commission recommends City Council forward a letter to the Johnson County Board of Adjustment, recommending that an application submitted by S & G Materials to Johnson County for a conditional use permit to expand its hours of operation for the mining of sand and gravel materials at 4059 Izaak Walton Road SE be approved subject to the existing conditions with a note the Johnson County Board of Adjustment address concerns regarding amplified sound in the evenings. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. REZ18-00019: Applicant: M&W Properties Location: Northwest corner of Benton Street and Orchard Street An application submitted by M&W Properties for a rezoning of approximately 1.75 acres of property located at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings — Orchard Subdistrict (RFC -0). Heitner began the staff report showing an aerial view of the subject property and a map of the surrounding zoning of the property, the current zoning is RS -8, all the properties located to the immediate west and south are also zoned RS -8 there is an RFC -O zoning to the immediate northeast, which was a project also completed by this applicant in the last year. The intended development is for two multifamily buildings with a combined total of 125 units, each building would have the zone maximum height of three stories. In terms of compliance with the Comprehensive Plan, the Orchard Subdistrict was added to the Downtown Riverfront Crossings Master Plan in 2016. That subdistrict encompasses properties located along Orchard Street and Orchard Court north of Benton Street, and was created to encourage residential redevelopment that would serve as a transition between the higher intensity mixed-use area along Riverside Drive and the lower intensity single-family residential neighborhood to the west and south. Heitner noted there are several Master Plan objectives associated with the Orchard Subdistrict that deal with redevelopment that is complimentary to the mass and scale of the adjacent single family neighborhoods, transition from larger scale mixed-use and commercial to single-family uses and providing a high level of design in exchange for increased density. Heitner stated any neighborhood compatibility concerns should have been addressed during the 2017 Code Amendment process which established the Riverfront Crossings Orchard Subdistrict. He noted form -based standards will ensure high quality residential developments, and as mentioned earlier the maximum height for al buildings in this subdistrict is three stories with no height bonuses allowed. With respect to transportation and access staff did request a traffic study for the proposed development. The study determined the development would probably yield an additional 30 to 40 trips during the AM and PM peak hours (defined as 7am to 9am and 4pm to Planning and Zoning Commission May 16, 2019 Page 3 of 7 6pm). Staff is not looking to signalize the intersection at this time because the results of the study do not yield a tremendous amount of additional trips and there is some concern about having a signal at that intersection as it would create the shortest signal to signal block area in the City. Additionally the applicant proposes to access the property development with a new driveway that will be built on what is hoped to be a vacated City right-of-way to the north. Staff is recommending the rezoning is contingent on approval of the right-of-way vacation. Staff is also requesting dedication of 15 feet of right-of-way along the Benton Street frontage to match right- of-way that was dedicated in property to the east at the Kum & Go as well as a continuation of the 6 foot sidewalk. In addition to the right-of-way dedication staff is recommending the condition that applicant install sidewalks built to Public Works specifications along Benton Street and Orchard Street. Heitner added a couple more conditions staff is recommending with respect to easements, first of which is a 30 foot wide from 330 Orchard Court south to Benton Street should there be a need to add a private drive along this area if there is future demand. Another 30 foot wide public easement would be required over the span of the pedestrian street. Heitner stated next steps pending approval from the Commission, a public hearing will be scheduled for consideration of the application from the City Council. Upon approval from the City Council, plans for the two multi -family residential buildings will be reviewed administratively through Site Plan Review and Design Review. Once these administrative reviews are complete, the applicant can file for any necessary building permits. Staff recommends approval of REZ18-00019, a proposal to rezone approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings — Orchard Subdistrict (RFC -0), subject to the following conditions: 1. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 2. The rezoning is contingent upon City Council approval of VAC 19-1. 3. The developer shall dedicate 15' of right-of-way along the north side of the Benton St. frontage to the City. 4. Construction of a 6' wide sidewalk along the Benton St. frontage of the subject property. 5. Construction of a sidewalk along the Orchard St. frontage of the subject property. 6. Provision of a 30' wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage (pending right-of-way to be acquired by M&W), down to Benton St. 7. Construction of the pedestrian street as shown in the attached concept plan. 8. Dedication of a 30' wide public access easement over the span of the pedestrian street. Heitner noted there was a proposed condition in the staff report regarding requiring a hammer - hear turnaround for fire/emergency response vehicles the proposed driveway area to the north of the rezoning assemblage. That condition was dropped as staff will examine options for emergency vehicle access during site plan review. Hektoen noted that condition 6 is the north/south easement down to Benton Street and it is her understanding the City owns the lot south of 330 Orchard Court so the City would have to impose an easement on its own property, the rest of the area is what the condition is imposing on the owner to dedicate. Martin asked about the sidewalks and if going towards the west at that width it will run into house Planning and Zoning Commission May 16, 2019 Page 4 of 7 there. Heitner said they do not have a concept for that sidewalk just yet, the intention is to fill in the gaps where there are sidewalks on Orchard Street. The Benton Street sidewalk will be pending the transition of the right-of-way and would allow for the sidewalk to be constructed. Signs stated the intent is to have the new sidewalk connect with the old sidewalk on Benton Street. Hensch noted under the Orchard District summary, development character section states one of the characters is that buildings should front tree -lined streets and there is no condition requiring approval of a landscaping plan by the City Forester to make sure that development characteristic is addressed. He also feels it would be wise to have a good mix of trees so that there is less chance of a total wipe-out due to disease (such as what happened to ash trees). Hensch questioned the need for Orchard Court to connect with Giblen Drive, it was discussed when the last development went in and wondered if it was discussed at this time. Russett stated it was discussed and staff decided instead of looking to access to the west to look at access to the south and that is why they are asking for the point of access easement. Townsend asked about a Good Neighbor Meeting, noting one was held in February 2016 for the Comprehensive Plan Amendment but wondered if another would be held for this development. Heitner stated it is staff's understanding the applicant does not wish to hold a Good Neighbor Meeting for this particular rezoning. Hektoen stated the Good Neighbor Meetings were held during the Comprehensive Plan Amendment process and changes to the Zoning Code. Signs asked if the traffic study was done by City staff. Heitner replied it was done by an outside consultant. Hensch opened the public hearing. Mark Seabold (ShiveHattery) spoke on behalf of the applicant. He noted that during the Comprehensive Plan Amendment and initial rezoning process they did hold a Good Neighbor Meeting and had two Planning and Zoning meetings, the first one was deferred because of the level of neighborhood input which drastically changed their plans. Because of all that neighborhood input at that time he is not shocked to see no one from the public at this meeting, the rules were established at that time and they have followed them on phase 1 of the project and are now just looking to move forward with phases 2 and 3. Martin noted in one of the conditions there is talk of affordable housing, would that be part of this project. When doing affordable housing in the buildings, they have to pick a percentage of units to meet a certain level of poverty level and when she looked at the costs of the apartments it appears there is a very low damage deposit and wondered if that affected the affordable housing. Ryan Wade (M&W Properties) noted it doesn't have anything to do with affordable housing. They have noticed over the years that when renting to professionals or graduate students they do not need to require such large damage deposits. Hensch asked about the landscaping plan, he noted the property to the north looks nice, and reiterated one of the fundamental characters of the zone is tree -lined streets and wants to add a condition of having a landscaping plan approved by the City Forester. Wade is agreeable to that and noted they plan to go above and beyond what is required by Code. Planning and Zoning Commission May 16, 2019 Page 5 of 7 Russett noted if the Commission would like street trees planted in the right-of-way if should be incorporated into the condition. Hektoen stated the vacation of the right-of-way application should also be discussed as it is a extraneous application and should it get approved and conveyed to the applicant it should be zoned consistent with the adjacent property and the legal description will include the vacated right-of-way. Hensch stated then it should be added to the vacation that the vacated right—of-way would be zoned RFC -O. Hensch closed the public hearing. Parsons moved to recommend approval of REZ18-00019, a proposal to rezone approximately 1.75 acres of property at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings – Orchard Subdistrict (RFC -0), subject to the following conditions: 11. Any new residential development in the subject area must satisfy the affordable housing requirements set forth in section 14-2G-8 of the City Code. 12. The rezoning is contingent upon City Council approval of VAC 19-1. 13. The developer shall dedicate 15' of right-of-way along the north side of the Benton St. frontage to the City. 14. Construction of a 6' wide sidewalk along the Benton St. frontage of the subject property. 15. Construction of a sidewalk along the Orchard St. frontage of the subject property. 16. Provision of a 30' wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage (pending right-of-way to be acquired by M&W), down to Benton St. 17. Construction of the pedestrian street as shown in the attached concept plan. 18. Dedication of a 30' wide public access easement over the span of the pedestrian street. 19. Landscaping plan approved by City Forester to include street -lined trees in the right-of-way. 20. The vacated land from VAC19-1 be zoned RFC -O as well. Signs seconded the motion. Martin noted this application is a nice way to implement the missing middle concept that has been discussed in the past and it will be a nice density for the area. Hensch and Parsons agreed this will fit well into the area and a benefit to the neighborhood. Hensch noted the buildings in phase 1 turned out exactly as shown in the concepts and are very lovely. Signs acknowledged some concern regarding traffic at the corner of Orchard and Benton Streets, thinking 125 units will only generate 30-40 cars during rush hour seems light. Martin hopes with the proximity to the University perhaps it will be less vehicles and more bicycling or walking. Hensch agreed and said when the tunnel under the railroad tracks on Riverside Drive is complete that will encourage more people to walk. Signs also acknowledged the building in Planning and Zoning Commission May 16, 2019 Page 6 of 7 phase 1 was done nicely and is encourage the new buildings will be just as nice. A vote was taken and the motion passed 5-0. CONSIDERATION OF MEETING MINUTES: APRIL 18, 2019 Townsend moved to approve the meeting minutes of April 18 2019. Parsons seconded. A vote was taken and the motion passed 5-0. PLANNING AND ZONING INFORMATION: Russett noted the Forest View rezoning and preliminary plat Council continued the public hearing for several meetings and voted on the first consideration at the last meeting, the vote was 7-0 in favor of the rezoning. There have been a few changes to the project, a major one is Council has removed the gas station and that parcel of land will be dedicated to the City as public open space. Also the three local landmark items that came before the Commission were all approved by Council (Senior Center, Ned Aston House and City Park Cabins). Russett also noted July 4 is on a Thursday this year, so the meeting will be rescheduled to July 3. Also staff is working on a form -based code with a consulting firm for a portion of the South District and the consulting firm will be in town July 24 and staff is hoping to have a joint Council and Commission work session to discuss the project. Adjournment: Townsend moved to adjourn. Parsons seconded. A vote was taken and the motion passed 5-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018-2019 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 3/15 (W.S.) 4/2 4/5 (W.S) 4/16 4/19 5/3 5/17 6/7 6/21 7/5 8/16 9/6 9/20 10/18 12/20 1/3 BAKER, LARRY -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X O/E X X DYER, CAROLYN O/E X O/E X X X X X O/E X O O/E O X X X FREERKS, ANN X X X X X O/E X X X -- -- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE O/E X X X X X X X X X X X X X X X MARTIN, PHOEBE X X X X X X X X X X X X X X X O/E PARSONS, MAX X X X X X X X X X X X O/E X X X X SIGNS, MARK X X X X X X X X X X X X X X X X THEOBALD, JODIE X X X X X X X X O/E -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X O/E X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 1/17 (W.S.) 2/4 2/21 3/7 3/21 4/4 4/18 5/16 BAKER, LARRY X X X X X X X O/E DYER, CAROLYN O/E X X X X X X O/E FREERKS, ANN -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE X X X X O/E X X X MARTIN, PHOEBE X O/E X X X O/E X X PARSONS, MAX X X X X X X X X SIGNS, MARK X X X X X O/E X X THEOBALD, JODIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- TOWNSEND, BILLIE X X X O/E X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member Prepared by: Jade Pederson, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240, 319-356-5230 (REZ18- 00019) Ordinance No. 19-4797 An ordinance conditionally rezoning approximately 1.75 acres of land located at the northwest corner of Benton Street and Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings- Orchard (RFC -0). (REZ18-00019) Whereas, the applicant, M & W Properties, has requested a rezoning of property located 204 West Benton Street; 224,226,330, and 640 Orchard Court; and 711,725, and 741 Orchard Street from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings- Orchard (RFC -O); and Whereas, the Comprehensive Plan indicates that redevelopment should be complementary to the surrounding single-family neighborhoods in mass and scale and there should be a transition from large-scale, mixed-use and commercial buildings along Riverside Drive to single family residential; and Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for the satisfaction of the affordable housing requirements set forth in section 14-2G-8 of the City Code, dedication of a 15 foot right-of-way along the north side of the Benton Street frontage to the City, construction of a 6 foot sidewalk along the Benton Street frontage of the property, construction of a sidewalk along the Orchard Street frontage of the property, provision of a 30 foot wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage down to the southern property line of 330 Orchard Ct., construction of the pedestrian street, dedication of a 30 foot wide public access easement over the span of the pedestrian street, and submission of a landscaping plan that includes street trees, to be reviewed by the City Forrester; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change, and Whereas, several areas of public need will be met by the acceptance of this ordinance, including the provision of affordable housing, improving overall access and connectivity with the construction of sidewalks and a pedestrian street, and implementation of a landscaping plan to help create an attractive neighborhood environment; and Whereas, the owner and applicant has 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. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Medium Density Single -Family Residential (RS -8) to Riverfront Crossings -Orchard Subdistrict (RFC -O): Commencing at a point on the north line of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, which point if 50 feet west of the northeast corner of said Lot 10, thence north 15 feet, thence west 160 feet to the west line of vacated Olive Street, thence south 157.5 feet, thence east 217.5 feet, thence north 28.5 feet, thence west 57.5 feet, thence north 114 feet to the place of beginning; Excepting therefrom the following described tract, to -wit: Commencing at a point which is 15 feet north and 105 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence west 105 feet, thence south 157.5 feet, thence east 105 feet, thence north to the place of beginning. Also excepting the following: Commencing at a point 15 feet north and 50 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, thence 129 feet south to the point of beginning, thence east 57.5 feet, thence south 28.5 feet, thence west 57.5 feet, thence north to the point of beginning. AND The East 52.5 feet of the following described property: Commencing at a point which is 15 feet North and 105 feet west of the Northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to Ordinance No. 19-4797 Page 2 the recorded plat thereof; thence from the point of beginning West 105 feet, thence South 157.5 feet, thence East 105 feet, thence North to the place of beginning. AND Commencing a point 15 feet north and 157.5 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence west 52.5 feet, thence south 157.5 feet, thence east 52.5 feet, thence north to the point of beginning. AND Auditor's Parcel 2001-007 according to the plat thereof recorded in Book 42, Page 274, Plat Records of Johnson County, Iowa. AND Auditor's Parcel 2001-008 according to the plat thereof recorded in Book 42, Page 274, Plat Records of Johnson County, Iowa, and Affidavit Pertaining to Plat of Survey recorded in Book 3224, 271, in the Records of Johnson County, Iowa. /_1►1WE Lot 3, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. And That portion of the East Half of the North and South alley adjacent to Lot 3 in said Block 4 as originally platted which has now been vacated And Excepting therefrom Auditor's Parcel 2007109 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder And Together with the following described real estate: Commencing at a point 15 feet north and 50 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 432, Deed Records of Johnson County, Iowa, thence 129 feet south to the point of beginning; thence east 57.5 feet; thence south 28.5 feet; thence west 57.5 feet; thence north to the point of beginning. AND Lot 4, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. And That portion of the East Half of the North and South alley adjacent to Lot 4 in said Block 4 as originally platted which has now been vacated And Auditor's Parcel 2007109 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. And except Auditor's Parcel 2007108 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder, AND Lot 5, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. And That portion of the East Half of the North and South alley adjacent to Lot 5 in said Block 4 as originally platted which has now been vacated. And Auditor's Parcel 2007108 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. Ordinance No. 1 9-4797 Page 3 SOUTH RIVERSIDE COURT VACATION That part of South Riverside Court in Iowa City, Johnson County, Iowa described as follows: Beginning at the southwest corner of Lot 7, Orchard Court Subdivision (Final Plat recorded in Plat Book 16, Page 29 at the Johnson County Recorder's Office); thence South 8726'06" East 309.37 feet along the south line of said Lot 7 and the south line of Lot 8 of said Orchard Court Subdivision to the southwesterly right-of-way of Orchard Court; thence southeasterly 80.27 feet along said right-of-way and along the arc of a 125.00 foot radius curve concave northeasterly (chord bearing South 68°5745' East 78.89 feet) to a point of intersection with a northerly line of Auditor's Parcel 2001007 (Plat of Survey recorded in Plat Book 42, Page 274 at the Johnson County Recorders Office); thence North 0°13'34" East 15.01 feet along a line of said Auditors Parcel 2001007; thence North 87026'06" West 256.51 feet along a north line of said Auditor's Parcel 2001007, also being 15 feet in perpendicular distance north of the north line of Lot 10 of Block 4 of Cartwright's Addition (Final Plat recorded in Plat Book 3, Page 207 at the Johnson County Recorder's office, to a point of intersection with an easterly line of Gilbin's Subdivision (Final Plat recorded in Plat Book 4, Page 241 at the Johnson County Recorder's Office); thence North 3°07'21" East 10.00 feet to the point of beginning and containing 4,482 square feet more or less. 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 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 Owners 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 16t dayof Su1v 20_g �. CORPORATE SERI Attest: , City Clerk Approved by OrdinancN Page o. 19-4797 City Attorney's Office j/ Ordinance No. 19-4797 Page 5 It was moved by Thomas and seconded by Cole that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: x Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 06/18/2019 Voteforpassage: AYES: Cole, Mims, Taylor, Teague, Thomas, Throgmorton. NAYS: None. ABSENT: Salih. Second Consideration 07/02/2019 Vote for passage: AYES: Taylor, Teague, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: Salih. Date published 07/25/2019 Prepared by: Jade Pederson, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ18-00019) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and M&W Properties LLC (hereinafter "Owner"). Whereas, Owner is the legal title holder of approximately 1.75 acres of property located at 204 West Benton Street; 224, 226, 330, and 650 Orchard Court; and 711, 725, and 741 Orchard Street, legally described in the attached Exhibit A; and Whereas, Owner has requested the rezoning of said property from Medium Density Single -Family Residential (RS -8) to Riverfront Crossings- Orchard Subdistrict (RFC -0); and Whereas, the conditions established in this agreement address several public needs, including the provision of affordable housing, improving overall access and connectivity with the construction of sidewalks and a pedestrian street, and implementation of a landscaping plan to help create an attractive neighborhood environment; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding satisfaction of the affordable housing requirements set forth in section 14- 2G-8 of the City Code, dedication of a 15 foot right-of-way along the north side of the Benton Street frontage to the City, construction of a 6 foot sidewalk along the Benton Street frontage of the property, construction of a sidewalk along the Orchard Street frontage of the property, provision of a 30 foot wide access easement running in a north -south direction from the driveway area north of the rezoning assemblage down to the southern property line of 330 Orchard Ct., construction of the pedestrian street, dedication of a 30 foot wide public access easement over the span of the pedestrian street, and submission of a landscaping plan with street trees to be located in the right-of-way, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, 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 affordable housing, a transitional buffer from the mixed-use development along Riverside Drive to residential to the west, and accommodations for differing modes of transportation; and Whereas, Owner agrees 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. Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Downtown and Riverfront Crossing master plan, Orchard Subdistrict. Further, the parties acknowledge that Iowa Code §414.5 (2019) provides pp0ahm/egVman cza_,.18-00019_ _orchartl_coutl.aoc that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 2. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of a building permit, Owner shall i. dedicate 15' of right-of-way along the north side of the Benton St. frontage to the City; ii. dedicate a 30' wide access easement running in a north -south direction generally along the western 30' of the vacated Orchard Court right-of-way south across the property locally known as 330 Orchard Ct., to the southern property line of 330 Orchard Ct., in a location approved by the City Engineer; iii. dedicate a 30' wide public access easement over the span of the pedestrian street; iv. Design and obtain approval from the City Forrester of a landscaping plan for the subject property. The landscaping plan shall include, among other plantings, street trees in the Orchard St. right-of-way; and v. Execute an affordable housing agreement to satisfy the affordable housing obligations imposed pursuant to Iowa City Code of Ordinances 14-2G-8 through the provision of on-site owner -occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee in lieu of the remaining dwelling units not provided on-site or as otherwise agreed to between Owner and the City. b. Prior to issuance of a certificate of occupancy, Owner shall: i. construct a 6' wide sidewalk along the Benton St. frontage of the subject property in a location approved by the City Engineer; ii. construct a 5' wide sidewalk along the Orchard St. frontage of the subject property; J. construct a pedestrian street as shown in the concept plan attached hereto as Exhibit B; and iv. install all plantings shown on and required by the approved landscaping plan. 3. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 4. The Owner and City acknowledge that in the event the subject property is transferred, ppdadm/agVdrah_cza_rez18-0 919_ -_orchard court.doc 2 sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 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. 6. The Owner acknowledges 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. 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 Owner's expense. Dated this 16th day of July , 20 19 City of Iowa City M&W Properties. L.L.C. Ji Throgmorton, Ma or Attest: co POM S"VI: AL , Kellib' Fi'dehling, City Jerk By: Approved by: ( % City Attorney's Office �, �/,3 J) % City of Iowa City Acknowledgement: State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on. ( , 20LI by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, rest ective y, of the City of Iowa City. Notary Public in and for tate of Iowa WiFR (Stamp or Seal) ppdadmlagVdraR_cza_rez18-00019=_orchard couh4oc sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 5. 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. 6. The Owner acknowledges 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. 7. 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 "rpubiioa43on of fhe ordinance, this agreement shall be recorded in the Johnson County I-Recorder's'Qfke at'the Owner's expense. Dated this day of 20^ City of Iowa City Jim Throgmo on, ayor Attest: Keilie Fruehl" a. City Ctark Approved b�: City Attorney's Office State of Iowa } ) ss: Johnson County } M&W Properties, L.L,C, By: �rer� Lauq�l,n , ot�n� City of Iowa City Acknowledgement: This Instrument was acknowled" Throgmorton and Kellie Fruehling as pydadadauWmfLczaLa 1e-00019 _a,andd_�w,n.daa before a on 20 by Jim City Clerk, respectively, of the City of Iowa City. Notary Pa Ic in and (Stamp or Me State of Iowa M & W Properties LLC Acknowledgment: State of --LA- County of Z , Lnscy This record was acknowledged before me on Dto/ Iq j'DOtq (pate) by (.-,reg CyAc "2* * \ rl (Name(s) of individuals) as [x Jv�o f (type of authority, such as officer or trustee) of M & W Properties LLC. (11.�c�� Notary Public in and for the State of Iowa (Stamp or Sea[) 4Wr eusAH K�lsr� s �am�.�.ft,oz, Title (and Rank) row* 0wnOgsbn �`~ My commission expires:. Of4i f�3ib19 ppaedm/aBVa�eH rze_reaf800019_-_archard_mun.Hec Exhibit A Legal Description Commencing at a point on the north line of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, which point if 50 feet west of the northeast corner of said Lot 10, thence north 15 feet, thence west 160 feet to the west line of vacated Olive Street, thence south 157.5 feet, thence east 217.5 feet, thence north 28.5 feet, thence west 57.5 feet, thence north 114 feet to the place of beginning; Excepting therefrom the following described tract, to -wit: Commencing at a point which is 15 feet north and 105 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence west 105 feet, thence south 157.5 feet, thence east 105 feet, thence north to the place of beginning. Also excepting the following: Commencing at a point 15 feet north and 50 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, thence 129 feet south to the point of beginning, thence east 57.5 feet, thence south 28.5 feet, thence west 57.5 feet, thence north to the point of beginning. and The East 52.5 feet of the following described property: Commencing at a point which is 15 feet North and 105 feet west of the Northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof; thence from the point of beginning West 105 feet, thence South 157.5 feet, thence East 105 feet, thence North to the place of beginning. and Commencing a point 15 feet north and 157.5 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof, thence west 52.5 feet, thence south 157.5 feet, thence east 52.5 feet, thence north to the point of beginning. and Auditor's Parcel 2001-007 according to the plat thereof recorded in Book 42, Page 274, Plat Records of Johnson County, Iowa. and Auditor's Parcel 2001-008 according to the plat thereof recorded in Book 42, Page 274, Plat Records of Johnson County, Iowa, and Affidavit Pertaining to Plat of Survey recorded in Book 3224, 271, in the Records of Johnson County, Iowa. and Lot 3, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. and That portion of the East Half of the North and South alley adjacent to Lot 3 in said Block 4 as originally platted which has now been vacated and Excepting therefrom Auditor's Parcel 2007109 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder and Together with the following described real estate: Commencing at a point 15 feet north and 50 feet west of the northeast corner of Lot 10, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 432, Deed Records of Johnson County, ppdadmlagUdrafi cza_rez18-00019_-_orchard courl.doc 5 Iowa, thence 129 feet south to the point of beginning; thence east 57.5 feet; thence south 28.5 feet; thence west 57.5 feet; thence north to the point of beginning. and Lot 4, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. and That portion of the East Half of the North and South alley adjacent to Lot 4 in said Block 4 as originally platted which has now been vacated and Auditor's Parcel 2007109 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. and except Auditor's Parcel 2007108 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. and Lot 5, Block 4, Cartwright's Addition to Iowa City, Iowa, according to the recorded plat thereof. and That portion of the East Half of the North and South alley adjacent to Lot 5 in said Block 4 as originally platted which has now been vacated. and Auditor's Parcel 2007108 as shown on the Plat recorded in Book 52, Page 196 of the records of the Johnson County Recorder. and That part of South Riverside Court in Iowa City, Johnson County, Iowa described as follows Beginning at the southwest corner of Lot 7, Orchard Court Subdivision (Final Plat recorded in Plat Book 16, Page 29 at the Johnson County Recorder's Office); thence South 87026'06" East 309.37 feet along the south line of said Lot 7 and the south line of Lot 8 of said Orchard Court Subdivision to the southwesterly right-of-way of Orchard Court; thence southeasterly 80.27 feet along said right-of-way and along the arc of a 125.00 foot radius curve concave northeasterly (chord bearing South 68°57'45" East 78.89 feet) to a point of intersection with a northerly line of Auditors Parcel 2001007 (Plat of Survey recorded in Plat Book 42, Page 274 at the Johnson County Recorder's Office); thence North 0°13'34" East 15.01 feet along a line of said Auditor's Parcel 2001007; thence North 8726'06" West 256.51 feet along a north line of said Auditor's Parcel 2001007, also being 15 feet in perpendicular distance north of the north line of Lot 10 of Block 4 of Cartwright's Addition (Final Plat recorded in Plat Book 3, Page 207 at the Johnson County Recorder's office, to a point of intersection with an easterly line of Gilbin's Subdivision (Final Plat recorded in Plat Book 4, Page 241 at the Johnson County Recorder's Office); thence North 3°07'21" East 10.00 feet to the point of beginning and containing 4,482 square feet more or less. ppdatlmlagU&aR_cza_rezi"0019 - orch.M court doc Exhibit B Concept Plan ppdadmlagtldra/l_cza_rezl"0019=_orchard coutdoc lamp rc mUt i -4'4m C y 9 "q Item Number: 13. �, CITY OF IOWA CITY �'�COUNCIL ACTION REPORT July 16, 2019 Ordinance amending Title 8, entitled "Police Regulations," Chapter 8, entitled "Community Police Review Board," to create a City Council liaison. (First Consideration) Prepared By: Susan Dulek, Ass't City Attorney Reviewed By: Geoff Fruin, City Manager Eleanor Dilkes, City Attorney Fiscal Impact: None Recommendations: Staff: No Recommendation Commission: At the May 14, 2019 CPRB meeting, the proposed amendment was approved on a vote of 4-1. Attachments: Minutes of May 14, 2019 CPRB meeting Memorandum from CPRB dated May 14, 2019 Ordinance Executive Summary: The Community Police Review Board (CPRB) has recommended that a City Council member be appointed as a liaison to the CPRB. Background /Analysis: The CPRB has recommended that a City Council member be appointed as a liaison to the CPRB to help facilitate communication between CPRB members and Council members about the overall makeup and function of the CPRB. The recommendation was approved in a vote of 4-1 (King in the negative). At the June 18 Council meeting, there was a consensus to put the proposed ordinance on an agenda. The proposed ordinance is the exact language contained in the May 14, 2019 memo from the CPRB to Council. The memo also recommends that the CPRB bylaws be amended. If this ordinance passes, the amended bylaws will be on the Council agenda for approval. As requested by the City Council, I asked Pat Ford, the CPRB's attorney, whether he had ever advised Board members that they could speak directly with individual city council members and he said he has. No other city board has a liason. ATTACHMENTS: Description CPRB Memo CPRB minutes 5/14/19 Ordinance MEMORANDUM DATE. May 14, 2019 TO: City of Iowa City Council FROM: Community Police Review Board Members Re: proposed amendment to Ordinance 8-8, and bylaw for the Community Police Review Board The members of the CPRB request that the City Council consider adopting the following proposed revisions to the CPRB ordinance and bylaws. 1. The following shall be added to the Ordinance as new SECTION 8-8-12: At the beginning of each fiscal year, the City Council shall appoint one council member to serve as a liaison to the board. The general purpose of the liaison position shall be to help facilitate communication between the members of CPRB and members of the City Council about the overall makeup and function of the CPRB. The liaison will be a specific person to contact to provide a safe and comfortable vehicle for members of CPRB to express any concerns about the composition, cohesiveness and effectiveness of the CPRB. This will allow the Council to receive information needed to be aware of concerns gelated to the function of the CPRB, and make decisions/changes when necessary. This will also be especially beneficial in cases in which a CPRB member(s) do not feel comfortable airing concerns related to the inner workings of the CPRB openly during CPRB meetings. 2. Section 3 of Article III of the Community Police Review Board Bylaws for shall be amended to read as follows (with additions shown in bold and underline): Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the ordinance creating the Board, the written policies of the Iowa City Police Department, the Board by-laws, open records law, open meetings I awn the name. of the council member appointed by the City Council to 1 serve as the liaison to the Board and other documentation that would be useful to Board members in carrying out their duties. They shall also be given an orientation briefing by the appropriate City staff and the Board as deemed appropriate. 2 CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: STAFF ABSENT: OTHERS PRESENT: Final/Approved COMMUNITY POLICE REVIEW BOARD MINUTES — May 14, 2019 Chair King called the meeting to order at 5:30 p.m. Monique Galpin, Latisha McDaniel, David Selmer, Orville Townsend None Staff Chris Olney, Legal Counsel Patrick Ford None Iowa City Police Captain Bill Campbell RECOMMENDATIONS TO COUNCIL (1) Accept proposed amendment to Ordinance 8-8, and CPRB by-law. CONSENT CALENDAR Motion by Selmer, seconded by Townsend, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 04/09/19 • Minutes of the Community Forum meeting on 04/29/19 • ICPD General Orders 90-02 (Report Review) • ICPD General Orders 99-08 (Body Worn Cameras and In -Car Recorders) Motion carried, 5/0. NEW BUSINESS None. OLD BUSINESS Community Forum Discussion — King asked for a volunteer to a write a draft summary letter of the Community forum meeting. King volunteered and will submit the draft summary to staff by June 3rd to then be included in the next meeting packet. City Council Liaison Proposal Discussion — Selmer summarized the 2nd draft which added item 3 explaining the general role of the Liaison and why the Liaison should be created. Ford questioned if item 3 was intended to be part of the Ordinance change or just a statement. The Board agreed to include item 3 in the same paragraph as item 1, making it part of the Ordinance change. King stated he would be voting no to the proposal as he felt it was not needed since anyone can already speak to a Council member. King also questioned the last paragraph and did not understand the role of the Liaison if they are not speaking to the entire Board. Motion by Selmer, seconded by Galpin to forward to Council the proposed amendment to Ordinance 8- 8, and CPRB by-law regarding a City Council Liaison. (as amended) Motion carried 4/1, King voting no. CPRB May 14, 2019 PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. DRAFT TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • June 11, 2019, 5:30 PM, Helling Conference Rm • July 9, 2019, 5:30 PM, Helling Conference Rm • August 13, 2019, 5:30 PM, Helling Conference Rm • September 10, 2019, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Galpin, seconded by Selmer. Motion carried, 5/0. Meeting adjourned at 5:47 P.M. Deferred to 8/6/19 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319356-5030 ORDINANCE NO. Ordinance amending Title 8, entitled "Police Regulations," Chapter 8, entitled "Community Police Review Board," to create a City Council liaison. Whereas, the Community Police Review Board (CPRB) has recommended that a City Council member be appointed as a liaison to the CPRB to help facilitate communication between CPRB members and Council members about the overall makeup and function of the CPRB; and Whereas, it is in the best interest of the City to adopt this ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa; Section I. Amendments. 1. Title 8, entitled "Police Regulation," Chapter 8, entitled "Police Regulations," is amended by adding the following underlined text as new Section 12, entitled "Liaison": At the beginning of each fiscal year, the City Council shall appoint one openly during CPRB meetings. 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 2019. Mayor Attest: Approved: (C—q City Clerk City Attorney's Office )3.