HomeMy WebLinkAbout1994-03-29 Public hearing
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City of Iowa City
MEMORANDUM
Date: March 25, 1994
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To: City Council
From: Karin Franklin, Direc
e . of Planning & Community Development
Re: Near Southside Redevelopment - Parking/Impact Fees
At the March 8 City Council meeting, consideration of the ordinance to designate an urban
revitalization area south of Burlington Street ended in a 4-3 vote in favor of the ordinance, with
a proviso from Councilor Baker that he would not vote for further consideration of this ordinance
without changes in the parking requirements in the CB-5 zone and changes in the parking facility
impact fee ordinance. Although there was considerable discussion of an amended urban
revitalization area to include residential properties south of Court Street and to addr.ess public
amenities other than parking, the majority voted for the original plan and indicated a desire to
consider a separate revitalization plan for the southerly area later. As a consequence, the staff
has prepared options for the parking requirements for commercial and office uses in the CB-5
zone, and options for amendments to the parking facility impact fee ordinance to reflect what we
believe to be the desires of the majority of the Council.
The options presented are guided by the principles adopted by the City Council in the Near
Southside Neighborhood Redevelopment Plan (Jan, 1992) and the direction of the current Council
to require commercial and office projects in the Near Southside to contribute to meeting parking
demand, The principles of the Plan and the current direction are not necessarily inconsistent.
The Plan states: "A system whereby some parking is provided off-site in a public facility and some
on-site may strike the proper balance to achieve the goal of the plan." (p.16). The goal of the
Plan is to encourage revitalization of this area for high-intensity commercial and office uses, The
question to be answered in considering the options put forth is what the proper balance is
between what is required of commercial and office development and what requirements may
discourage development of the area.
PARKING. As this area has been discussed in the past few years, a distinction has been drawn
between residential and non-residential uses in terms of the need or desirability of the public
sector to be involved in stimulating development of these respective uses. Market forces provide
a healthy environment for residential uses near campus while new commercial and office develop-
ment seems to require some stimulus to locate downtown, Our current discussion will continue
to draw this distinction and focus only on non-residential uses in discussing parking changes in
the CB-5 zone.
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Prior to adoption of the CB-5 zone, parking for retail and office uses was required at a rate of 1
space/300 sq.ft. of use, Other non-residential uses had a variety of parking requirements, With
adoption of the Near Southside Plan and the CB-5 ordinance, all non-residential uses, except
hotels, were exempt from required parking, If any parking were provided at the owner's choice, .
no more than 1 space/500 sq,ft, of use could be on-site, No impact fee was required, Non-
residential uses in this area, as in the downtown, were not obligated to meet parking demand
since that responsibility was shifted to the public sector, as in the remainder of the downtown,
The options presented to the Council obliqate developers of non-residential projects to contribute
toward meeting parking demand, to varying degrees. Your decision is whether to change the
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requirements from what they are currently; and if the parking requirements are changed, to what
degree,
Each variation starts from a base of 1 space/300 sq.ft, This was the requirement prior to the CB-
5 zoning and is based on, the Institute of Traffic Engineers, ParkinQ Generation. 2nd Edition,
study of general office buildings. Since the Institute's study focused on suburban developments,
we factored in the mode split for downtown (30% use alternative modes) and the fact that many
people make multi-purpose trips downtown. With these factors considered, we reached a
requirement of 1 space/900 sq.ft. for downtown development. Option 1 is to require parking at
a rate of 1 space/900 sq.ft. For a hypothetical building of 90,000 square feet, up to 100 spaces
could be required on-site, depending upon what amendments are made to the parking impact fee
ordinance, One hundred spaces is approximately one-quarter the size of the new Chauncey
Swan ramp (450 spaces).
Because as a matter of public policy the Council has stated its desire to see the area south of
Burlington Street redevelop, it is reasonable to consider an incentive factor in the calculation of
the parking requirements for commercial use in light of the concomitant burden the parking
requirement will place on the developers of the area, An incentive factor of 2 would result in
Option 2, 1 space/1800 sq.ft. and an incentive factor of 3 would result in Option 3, or 1
space/2700 sq.ft. For the same 90,000 sq.ft. building, 50 spaces and 33 spaces would be
required under Option 2 and 3 respectively. Whether these spaces would be required on-site or
the obligation could be met through a parking impact fee will be determined by amendments
made to the parking impact fee ordinance. Table I presents the parking options,
Table I
e,g. Parking
Required - 90,000
Options Requirement sq.ft. building
1. No Incentive 1 sp.l900 sq. ft. 100 spaces
2. Incentive Factor - 2 1 sp.l1800 sq, ft. 50 spaces
3. Incentive Factor - 3 1 sp.l2700 sq. ft. 33 spaces
IMPACT FEE, When the Near Southside Plan was adopted and implemented, a parking facility
impact fee was established. This fee has three purposes: to require the targeted residential
development to pay a proportionate share of the cost of a public parking facility; to allow high-
density development of the land for the intended uses without consuming large amounts of land
for parking; and to enable the centralization of parking in a public facility. Residential
development was targeted since the previous Council agreed that apartments would likely place
a significant burden on downtown parking. The Council also agreed that commercial and office
development should be encouraged and treated as similar developments are treated in the
downtown: no parking was required and no impact fee charged.
Please remember that the Parking Facility Impact Fee Ordinance applies to the entire Near
Southside Neighborhood (a map with the zones is attached), The fee is not, and legally cannot
be, zone specific within the district. All uses within the designated district (the Near Southside)
must be treated uniformly, In determining the effect of the fee on a particular property, one must
start with the parking requirement in the zone, There are four commercial zones and two
residential zones In this area, Since the Council Is contemplating changing the parking
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requirement in the CB-5 zone, it is in that zone where the proposed changes will have the
greatest consequence. However, commercial properties in the other commercial zones in the
Near Souths ide will also experience some change, depending upon the decision regarding the
impact fee.
Impact Fee Ordinance variables. The variables requiring some decision on the part of the
Council pertain to the following:
the percent of spaces required that are provided on-site as part of the development
project;
the percent of spaces covered by an impact fee in lieu of provision on-site;
the flexibility given to the developer to decide the proportion of payment to on-site
provision;
the maximum percent of spaces permitted on-site; and
the proportion of the parking facility cost attributable to each use, or the impact fee per
space by use.
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Table II presented below addresses four options for parking spaces on-site and payment of fees
in lieu of construction of spaces on-site. These variables are critical in determining how a
developer will meet his/her obligation to contribute to the parking system; the extent of the
contribution will be determined by your decision regarding the number of spaces required of a
use. These variables will determine how the land is to be used, As more spaces are required
or provided on-site, less of the land (both horizontally and vertically) can be used for the intensity
of use sought in this area, In addition, the financial burden that will be placed on the
development through construction costs or through the impact fee will have an effect on the
feasibility of any project. In some instances construction costs may be easier to bear than the
impact fee and vice-versa. As we have determined the cost per space for the current residential
parking impact fee, payment of a fee should be financially less onerous than construction of
parking spaces.
.Table II
Parking Facility Impact Fee Options
for Commercial Uses in the Near Southside Neighborhood
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Oplions % of Parking Spaces % of Parking Impact % of Parking Spaces
Required On.Site Fee Paid In Lieu of Permitted On.Site In
Required Parking Addillon to Parking
Spaces Spaces Required On-Site
1. 25% On.Slte! 25% 75% up to 50%
75% Impact Fee
2. 50% On.Sltel 50% 50% 0%
50% Impact Fee
3. 100% On. Site 100% 0% 0%
4, 100% Parking Impact none 100% 0%
Fee
5. 100% Flexible none 0.100% up to 50%
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Using the model of our existing Parking Facility Impact Fee Ordinance, the cost per space is
determined based upon a calculation of the cost of construction of one space and then
apportioned by use. The apportionment of the cost of the facility is directly related to the concept
of the need created for the facility. How much a development pays is directly related to the need
for the facility created by the development. The original ordinance computed the cost based on
an estimate that new residential development in the impact fee district would need up to 1/3 of
the spaces in any new parking facility and that users from the remainder of the district and the
community as a whole would require the remaining 2/3 of the facility. This computation also
recognized a policy decision that the public would cover the cost of any commercial or office
development in the area as a community responsibility to encourage developments of this type.
Given the Council's shift in direction and the placement of some of this responsibility on office and
commercial developments, the staff has recalculated the estimated need by use. We used the
zoning, the potential for redevelopment in the Near Southside, and historic patterns of parking
usage to make our determination. We believe a reasonable new apportionment by use is 33%
residential, 17% commercial/office, and 50% from the community at large. Using the $12,000
estimated cost per space of the 1992 ordinance, residential use parking impact fees will equal
$4,OOO/space and commercial use parking impact fees will be $2,OOO/space.
Using the 90,000 square foot building example used earlier, Table III illustrates how such a
project would be affected by Options 1, 2 and 4 presented in Table II. In Option 3, all spaces
would be provided on-site and in Option 5 each project would be different.
Table III
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Parking Spaces Option 1 Option 2 Option 4
Requirement Required 25% on-siten5% Fee 50% on-site/50% Fee 100% Fee
1 sp/900 sq. It. 100 25n5 - $150,000 50/50 - $100,000 $200,000
1 sp/1800 sq. ft, 50 13/37 . $74,000 25/25 . $50,000 $100,000
1 sp/2700 sq. It. 33 8125 - $50,000 16/17 - $34,000 $66,000
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CONCLUSION, In an attempt to stay as close to the original concept of the Near Southside Plan
and continue to provide some stimulus to non-residential development, the staff would suggest
that you choose the least restrictive parking requirement for the CB-5 zone, Option 3, We believe
this option is based on a reasonable evaluation of downtown commuting and parking patterns and
provides an incentive in keeping with the spirit of the Near Southside Plan. This option will
provide an obligation on any new commercial/office development in the CB-5 zone to contribute
to meeting parking demand in the area and is in keeping with what the staff understands to be
Council's present direction.
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The parking impact fee option closest to the intent of the original plan is the 100% parking impact
fee, with no spaces permitted or provided on-site (Option 4), This option allows for the most
intensive use of the land for the activities we are trying to encourage, However, this option
ignores the fact that most commercial and office establishments want to have some parking on-
site, for convenience, The current residential fee requires 50% on-site spaces and 50% paid in
fees with the option of putting more spaces on-site; the impact fee for 50% of the spaces is still
required, however, Option 4 is a variation of the current residential fee, but does not permit more
than 50% of required spaces to be placed on-site, This option may be appropriate for
commercial/office uses, To accommodate differences in commercial and office needs, Option 5
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which allows maximum flexibility for the developer to determine the ratio of on-site to fee paid
spaces may be best.
The only feature of this issue the Council raised which we have not brought to you is that of a
phased schedule of payment. There are a number of ways this could be set up, all of which
require considerable administrative expense of time and money. Phasing payment, depending
on the timing, may also raise questions about the directness of the relationship between the need
generated and the fee paid, For these reasons, we do not recommend a phased schedule of
payment.
The staff will be at your work session on Monday, March 28. This is a complicated issue. If you
have questions or wish to discuss it before Monday, please feel free to call me at 356-5232. Due
to the other items that hinge on your decisions regarding parking, the ordinance amendments
have been put on a fast track. There will be items on your agenda Tuesday to set public
hearings on April 12 on amendments to the Zoning Ordinance and the Parking Facility Impact Fee
Ordinance; the Zoning Ordinance amendments are scheduled for the Planning and Zoning
Commission for April 7. If a decision cannot be reached Monday on the various options, the
Council agenda items and the Planning & Zoning Commission consideration will be deferred.
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....., cc: Steve Atkins
Linda Gentry
Jeff Davidson
David Schoon
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NEAR SOUTHSIDE NEIGHBORHOOD/
PARKING FACILITY IMPACT FEE AREA
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_ Near Souths ide Neighborhood/
Parking Facility Impact Fee Area Boundary
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CITY OF IOWA CITY
March 25/ 1994
To Property Owners of Commercially Zoned Property in the Near Southside Neighborhood
At its March 28, 1994/ work session, the Iowa City City Council will discuss amendments to
the parking requirements for commercial uses in the Central Business Support/ CB.5, Zone and
amendments to the parking facility impact fee ordinance, The amendments to the zoning
ordinance would establish parking requirements for commercial uses in the CB-5 Zone;
presently, parking is not required for commercial uses. The amendments to the parking facility
impact fee ordinance would require that any new commercial development in the Near
Southside Neighborhood pay a parking impact fee in lieu of providing parking on-site. The
parking facility impact .fee would apply to g[[ commercial uses in the Near Southside
Neighborhood, not just those properties zoned CB.5. Enclosed you will find a memo from the
Director of Planning and Community Development outlining the issues surrounding these
items.
If the City Council decides to pursue these amendments, this schedule would be followed:
March 29/ 1994
The Council would set a public hearing for April 12/ 1994 on both the zoning ordinance
parking requirement amendments and the parking facility impact fee ordinance
amendments.
April 7/ 1994
The Iowa City Planning and Zoning Commission would consider the zoning ordinance
parking requirement amendments, IThis meeting would be held at 7:30 p,m, in the
Civic Center Council Chambers, 410 E. Washington Street.l
April 12/ 1994
The City Council would hold a public hearing on both the zoning ordinance parking
requirement amendments and the parking facility impact fee ordinance amendments.
(This meeting would be held at 7:30 p,m, in the Civic Center Council Chambers, 410
E, Washington Street.l
,
CIVIC CENTER' 410 E. WASIIIN010N 51,
IOWA CITY IOWA 52140.1826
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PIIONE 13191316.1000
FAX 1319) l'6.1009
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If you have comments on either of these items, you are strongly encouraged to provide them,
Verbal comments may be made at both the April 7th Planning and Zoning Commission
meeting and the April 12th City Council meeting, Your comments may also be submitted in
writing to the City Clerk at any time prior to these meetings,
If you have questions or require more information, please contact myself at 356-5236 or Karin
Franklin at 356-5232.
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Sincerely, .
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David Schoon
Economic Development Coordinator
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cc: City Manager & City Council
Director, Planning & Community Development
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March 29, 1994
Dear City Council and community members,
Persons with disabilities and advocates are addressing the city
council tonight to take issue and offer a solution to the lack of
accessibility of downtown businesses, Specifically the need for a
procedure for easements of right of way of city sidewalks for
ramps.
As outlined in the Americans with Disabilities Act Title III, Section
36.304 (c)(1), "places the highest priority on measures that will
enable individuals with disabilities to physically enter a place of
public accomodation, This priority on "getting through the door"
recognizes that providing actual physical access to a facility from
public sidewalks, public transportation, or parking is generally
preferable to any alternative arrangements in terms of both
business efficiency and the dignity of individuals with disabilities."
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This is the first priority of the removal of communication barriers
that are structural in nature, This is what we are addressing
tonight. Currently we are not being given equal rights under the
city's practices. Specifically the Texas Steak Company & Saloon is
in violation of the law, They came into the building and renovated
for a business that is significantly different in service than the
burger place that was there prior. The Texas Steak & Saloon is a bar.
It has a liquor license, This is blatant discrimination against
persons who use wheelchairs. This needs to be addressed by the
building inspection during the assessment for the building permit.
The guidelines for an easement need to be completed within a
reasonable amount of time (April 12, 1994). The process for the
guidelines also needs to have a person with a disability involved in
the development. This procedure needs to be given to every
inaccessible business with a "highest priority" criteria.
".
We are asking for a show of support by individuals at the meeting,
Some people will speak at the meeting, Others are asked to show
there enthusiasm,
730
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Advocates for an Accessible Environment
630 South Capitol St.
Iowa City, IA 52240
Larry Quigley
(319) 354.6603
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Hawkeye Advocates
1314 Pine St.
Iowa City, IA 52240
Majorie Hayden Strait
Lori Bears
(319) 337-5847
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INDEPENDENT LIVING, INC.
26 East Market St.
Iowa City, IA 52240
Kevin R. Burt ADA!
Career Development Coord.
(319) 338-3870
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JOHNSON COUNTY COALITION for PERSONS with
DISABILITIES
TIM CLANCY/LOREN SCHMITI CO-CHAIRPERSONS
26 East Market St.
Iowa City, IA 52240
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Individuals with Disabilities
Iowa City, Iowa
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~36.304 Removal of barrio
ers.
(a) General, A public
accommodation shnll remove
architectural barriers in
existing facilities, including
communication barriers that
are structural in nature,
where such removal is
readily achievable, i.e.,
easily accomplishable and
able to be carried out without
much difficulty or expense.
(b) Examp~. Ex-
amples of steps to remove
barriers include, but are not
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(1) Installing ramps;
(2) Making curb cuts in
sidewalks and entrances;
(3) Repositioning
shelves;
(4) Rearra.nging tables,
chairs, vending machines,
display racks, and otller
furniture;
(5) Repositioning tele-
phones;
(6) Adding raised
markings on elevator control
buttons;
(7) Installing flashing
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ANAUSIS
Sectioll 36.304 RClIlllvnl of haniel's.
Section 36.304 rcquires the removal of lU'chitcctural
barriers and communication harriers that arc structural in
nature in existing facilities, whelC such rcmoval is rcadily
achievable, i.e., easily accomplishable and able to be carried
out without much difficulty or expense. This rcquirement is
bas cd on section 302(b)(2)(A)(iv) of the ADA.
A number of commenlcrs interpreted the phl'llse "commu-
nication barriers that arc structural ill nature" broadly to
encompass Ule provision of communications devices such as
TDD's, telephone handset amplifiers, assistive listening
devices, and digital check.out displays. The statute, however,
as read by the Department, limits the application of the phrase
"communications ban'iers that are structural in nature" to those
barriers that are an integral part or the physical structure of a
facility. In addition to the communicatiolls barricrs posed by
pennanent signage and alarm systems noted by Congress ~
Education and Labor report at 110), the Department would
also include among the communications barriers covercd by
~36.304 the failure to provide adcquate sound buffers, and the
presence of physical partitions that hamper the passagc of
sound waves betwcen employees and customers, Givcn that
~36.304's proper focus is on the removal of physical barriers,
the Department believes that the obligation to provide comlllu-
nications equipment and devices such as TOO's, lelephone
handset amplifiers, assistive listcning devices, and digital
check-out displays is more appropriately determincd by the
requirements for auxiliary aids and scrvices under 936.303
~ Education and Labor report at I 07 -108), The obligution
to remove communications balTiers that are struclural in nature
under 936.304, of COlll'se, is independent or any obligation to
provide auxiliary aids and services under fi36.303,
The statutory Jlrovisioll also reqnires the readily achievable
removal of certain barriers in existing vehicles and rail passen-
ger cars. This transportution rcquiremcnt is nol included in
936.304, but rather in 936.31 O(b) of the rule,
In striking u balance betwccn guarantceing access to
individuals with disabilities und recognizing the Icgitimate
. . cost concerns of bnsinesses and other pIivale cntities, the ADA
" establishes diffeI'Cnt standards lilr existing facilities and new
..... construction. In existing facilities, which arc the suhject of
.'. 936.304, where relroritling may provc cosily, a less rigorous
. degree or accessibility is lL'qnilL'd Ihan inlhe ca:ie or new
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REGULATION
hinges to widen doorways;
(10) Eliminating a
turnstile or providing an
alternative accessible path;
(11) Installing accessible
door hardware;
(12) Installing grab bars
in toilet stalls;
(13) Rearranging toilet
partitions to increase maneu-
vering space;
(14) Insulating lavatory
pipes under sinks to prevent
burns;
(15) Installing a raised
toilet seat;
(16) Installing a full-
length bathroom mirror;
(17) Repositioning the
paper towel dispenser in a
bathroom;
(18) Creating designated
accessible parking spaces;
(19) Installing an acces-
sible paper cup dispenser at
an existing inaccessible
water fountain;
(20) Removing high
pile, low density carpeting;
or
(21) Installing vehicle
hand controls,
(c) priorities. A public
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ANALYSIS
construction and alterations 00 ~~36.401-36.406) where
accessibility can be more conveniently and economically
incorporated in the initial stages of design and construction.
For example, a bank with existing automatic teller ma-
chines (ATM's) would have to remove barriers to the use of
the ATM's, if it is readily achievable to do so. Whether or
not it is necessary to take actions such as ramping a few steps
or raising or lowering an A TM would be detennined by
whether the actions can be accomplished easily and without
much difficulty or expense,
On the oOler hand, a newly constructed bank with A TM's
would be required by ~36,401to have an A TM that is
"readily accessible to and usable by" persons with disabilities
in accordance with accessibility guidelines incorporated
under ~36.406.
The requirement to remove architectural barriers includes
the removal of physical barriers of any kind. For example,
~36.304 requires the removal, when readily achievable, of
barriers caused by the location of temporary or movable
structures, such as furniture, equipment, and display racks. In
order to provide access to individuals who use wheelchairs,
for exanlple, restaurants may need to rearrange tables and
chairs, and department stores may need to reconfigure display
racks and shelves. As stated in ~36.304(t), such actions are
not readily achievable to the extent that they would result in a
significant loss of selling or serving space. If the widening of
all aisles in selling or serving areas is not readily achievable,
then selected widening should be undertaken to maximize the
amount of merchandise or the number of tables accessible to
individuals who use wheelchairs, Access to goods and
services provided in any remaining inaccessible areas mllst be
made available through alternative methods to barrier re-
moval, as required by ~36.305.
Because the purpose of title UI of the ADA is to ensure
that public accommodations are accessible to their customers,
clients, or patrons (as opposed to their employees, who are
the focus of title I), the obligation to remove barriers under
~36.304 docs not extend to IIreas of a facility that are used
exclusively as employee work areas,
Section 36.304(b) provides a wide-ranging list of the
typcs of modestmeasurcs that may be takcnto remove
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REGULATION
accommodation is urged to
take measures to comply
with the barrier removal
requirements of this section
in accordance with the
following order of priorities.
(1) First, a public ac-
commodation should take
measures to provide access
to a place of public accom-
modation from public side-
walks, parking, or public
transportation. These mea-
sures include, for example,
installing an entrance ramp,
widening entrances, and
providing accessible parking
spaces.
(2) Second, a public
accommodation should take
measures to provide access
to those areas of a place of
public accommodation
where goods and services 'are
made available to the public.
These measures include, for
example, adjusting the layout
of display racks, rearranging
tables, providing brailled and
raised character signage,
widening doors, providing
visual alarms, and installing
ramps.
(3) Third, a public
accommodation should take
measures to provide access
to restroom facilities, These
measures include, for ex-
ample, removal of obstruct-
ing furniture or vending
machines, widening of
doors, installation of ramps,
providing accessible signage,
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ANALYSIS
barriers and that are likely to be readily achievable. The list
includes examples of measures, such as adding raised letter
markings on elevator control buttons and installing flashing
alarm lights, that would be used to remove communications
barriers that are structural in nature, It is not an exhaustive
list, but merely an illustrative one. Moreover, the inclusion of
a measure on this list does not mean that it is readily achiev-
able in all cases. Whether or not any of these measures is
readily achievable is to be determined on a case-by-case basis
in light of the particular circumstances presented and the
factors listed in the definition of readily achievable (~36.104).
A public accommodation generally would not be required
to remove a barrier to physical access posed by a flight of
steps, if removal would require extensive ramping or an
elevator. Ramping a single step, however, will likely be
readily achievable, and ramping several steps will in many
circumstances also be readily achievable, The readily achiev-
able standard does not require barrier removal that requires
extensive restructuring or burdensome expense. Thus, where
it is not readily achievable to do, tlie ADA would not require a
restaurant to provide access to a restroom reachable only by a
flight of stairs.
Like ~36.405, this section permits deference to the national
interest in preserving significant historic structures. Barrier
removal would not be considered "readily achievable" if it
would threaten or destroy the historic significance of a build-
ing or facility that is eligible for listing in the National Regis-
ter of Historic Places under the National Historic Preservation
Act (16 U.S,C. 470,lli.e.Q.), or is designated as historic under
State or local law,
The readily achievable defense requires a less demanding
level of exertion by a public accommodation than does Ole
undue burden defense to the auxiliary aids requirements of
~36.303, In that sense, it can be characterized as a "lower"
standard than the undue burden standard, The readily achiev-
able defense is also less demanding than the undue hardship
defense in section 102(b)(5) of the ADA, which limits the
obligation to make reasonable accommodation in employment,
Barrier removal measures that are not easily accomplishable
and are not able to be carried out without much difficulty or
expense are not required under the readily achievable standard,
even if they do not impose an undue burden or an undue
hardship,
ADA Jlandbook I1I.S7
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REGULATION
widening of toilet stalls, and
installation of grab bars.
(4) Fourth, a public
accommodation should take
any other measures neces-
sary to provide access to the
goods, services, facilities,
privileges, advantages, or
accommodations of a place
of public accommodation,
(d) lkliui.~
.lllterations requirements o(
~.(l)
Except as provided in para-
graph (d)(2) of this section,
measures taken to comply
with the barrier removal
requirements of this section
shall comply with the appli-
cable requirements for
alterations in ~36.402 and
~~36.404-36.406 of this part
for the element being altered.
The path of travel require-
ments of ~36,403 shall not
apply to measures taken
solely to comply with tlle
barrier removal requirements
of this section.
(2) If, as a result of
compliance with the alter-
ations requirements specified
in paragraph (d)(1) of this
section, the measures re-
quired to remove a barrier
would not be readily achiev-
able, a public accommoda-
tion may take otller readily
achievable measures to
remove tile barrier that do
not fully comply with the
specified requirements.
Such measures include, for
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ANALYSIS
Section 36.304(f)(1) of the proposed rule, which stated
that "barrier removal is not readily achievable if it would
result in significant loss of profit or significant loss of effi-
ciency of operation," has been deleted from the final rule.
Many commenters objected to this provision because it
impennissibly introduced the notion of profit into a statutory
standard that did not include it. Concern was expressed that,
in order for an action not to be considered readily achievable,
a public accommodation would inappropriately have to show,
for example, not only that the action could not be done
without "much difficulty or expense", but that a significant
loss of profit would result as well. In addition, some
commenters asserted use of the word "significant," which is
used in the definition of undue hardship under title I (the
standard for interpreting the meaning of undue burden as a
defense to title Ill's auxiliary aids requirements) ~
~~36.l04, 36.303(f)), blurs the fact that the readily achiev-
able standard requires a lower level of effort on the part of a
public accommodation than does the undue burden standard.
The obligation to engage in readily achievable barrier
removal is a continuing one, Over time, barrier removal that
initially was not readily achievable may later be required
because of changed circumstances, Many commenters
expressed support for the Department's position that the
obligation to comply with ~36.304 is continuing in nature.
Some urged that the rule require public accommodations to
assess their compliance on at least an annual basis in light of
changes in resources and other factors that would be relevant
to detennining what barrier removal measures would be
readily achievable.
Although the obligation to engage in readily achievable
barrier removal is clearly a continuing duty, the Department
has declined to establish any independent requirement for an
annual assessment or self.evaluation, It is best left to tile
public accommodations subject to ~36.304 to establish
policies to assess compliance that are appropriate to the
particular circumstances faced by the wide range of public
accommodations covered by the ADA. However, even in the
absence of an explicit regulatory requirement for periodic
self-evaluations, the Department still urges public accommo-
dations to establish procedures for an ongoing assessment of
their compliance with the ADA's barrier removal require-
ments, The Department recommends that this process in-
clude appropriate consultation with individuals with disabili.
ADA llandbook
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REGULATION
example, providing a ramp
with a steeper slope or
widening a doorway to a
narrower width than that
mandated by the alterations
requirements. No measure
shall be taken, however, that
poses a significant risk to the
health or safety of individu-
als with disabilities or others.
(e)~.
Portable ramps should be
used to comply with this
section only when installa-
tion of a penn anent ramp is
not readily achievable. In
order to avoid any signifi-
cant risk to the health or
safety of individuals with
disabilities or others in using
portable ramps, due consid-
eration shall be given to
safety features such as
nonslip surfaces, railings,
anchoring, and strength of
materials.
(f) ~ing or serving
~. The rearrangement of
temporary or movable
structures, such as furniture,
equipment, and display racks
is not readily achievable to
the extent that it results in a
significant loss of selling or
serving space,
(g) Limitation on l2luIi.c1:
removal..Q\2ligations. (1)
The requirements for barrier
removal under ~36,304 shall
not be interpreted to exceed
the standards for alterations
in subpart D of this part.
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ANALYSIS
ties or organizations representing them. A serious effort at
self-assessment and consultation can diminish the threat of
litigation and save resources by identifying the most efficient
means of providing required access.
The Department has been asked for guidance on the best
means for public accommodations to comply voluntarily with
this section, Such infonnation is more appropriately part of
the Department's technical assistance effort and will be forth-
coming over the next several months. The Department recom-
mends, however, the development of an implementation plan
designed to achieve compliance with the ADA's barrier
removal requirements before they become effective on January
26, 1992. Such a plan, if appropriately designed and dili-
gently executed, could serve as evidence of a good faith effort
to comply with the requirements of ~36.104. In developing an
implementation plan for readily achievable barrier removal, a
public accommodation should consult with local organizations
representing persons with disabilities and solicit their sugges-
tions for cost-effective means of making individual places of
public accommodation accessible. Such organizations may
also be helpful in allocating scarce resources and establishing
priorities, Local associations of businesses may want to
encourage this process and serve as the forum for discussions
on the local level between disability rights organizations and
local businesses.
Section 36.304(c) recommends priorities for public accom.
modations in removing ban-iers in existing facilities. Because
the resources available for ban-ier removal may not be ad-
equate to remove all existing barriers at any given time,
~36.304(c) suggests priorities for detennining which types of
barriers should be mitigated or eliminated first. The purpose
. of tllese priori tics is to facilitatc long-tcrm busincss planning and
to maximize, in light of limited resources, tlle degree of effective
access that will result from any given level of expenditure,
Although many commenters expressed support for the
concept of establishing priorities, a significant number ob-
jected to their mandatory nature in the proposed rule, The
Department shares the concern of these commenters that
. mandatory priorities would increase the likelihood of litigation
and inappropriately reduce the discretion of public accomlllo-
dations to detennine the most effective mix of barrier removal
measures to undertake in particular circlllllstances, Therefore,
. . in the final rule the priorities are no longer mandatory,
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(2) To the extent that
relevant standards for alter-
ations are not provided in
subpart D of this part, then
the requirements of ~36.304
shall not be interpreted to
exceed the standards for new
construction in subpart D of
this part.
(3) This section does not
apply to rolling stock and
other conveyances to the
extent that ~36.31O applies
to rolling stock and other
conveyances,
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ANALYSIS
In response to comments that the priorities failed to
address communications issues, the Department wishes to
emphasize that the priorities encompass the remOVEd of
communications barriers that are structural in nature. It
would be counter to the ADA's carefully wrought statutory
scheme to include in this provision the wide range of commu-
nication devices that are required by the ADA's provisions on
auxiliary aids and services. The final rule explicitly includes
brailled and raised letter signage and visual alarms among the
examples of steps to remove barriers provided in
~36.304(c)(2).
Section 36.304(c)(1) places the highest priority on mea-
sures that will enable individuals with disabilities to physi-
cally enter a place of public accommodation, This priority on
"getting through the door" recognizes that providing actual
physical access to a facility from public sidewalks, public
transportation, or parking is generally preferable to any
alternative arrangements in tenns of both business efficiency
and the dignity of individuals with disabilities.
The next priority, which is established in ~36.304(c)(2), is
for measures that provide access to those areas of a place of
public accommodation where goods and sel'\;'ices are made
available to the public. For example, in a hardware store, to
the extent that it is readily achievable to do so, individuals
with disabilities should be given access not only to assistance
at the front desk, but also access, like that available to other
customers, to tile retail display areas of the ,store.
TIle Department agrees Witll those commenters who
argued that access to the areas where goods and scrvices are
provided is generally more important than the provision of
restrooms. Therefore, the final rule reverses priorities two
and three of tlle proposed rule in order to givc lower priority
to accessible restrooms. Consequently, the third priority in
the final rule (~36.304(c)(3)) is for measures to provide
access to restroom facilities and tile last priority is placed on
any remaining measures required to remove barriers.
Section 36.304(d) requires that measures taken to remove
barriers under ~36.304 be subject to subpart D's requirements
for alterations (except for the path of travel requirements in
~36.403), It only pcnnits deviations from the subpart D
requirements when compliance with those requiremcnts is not
readily achievable, In such cases, ~36.304(d) permits mca-
ADA Ilandbook
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ANALYSIS
sures to be taken that do not fully comply with the subpart D
requirements, so long as the measures do not pose a significant
risk to the health or safety of individuals with disabilities or
otllers.
I
This approach represents a change from the proposed rule
which stated that "readily achievable" measures taken solely to
remove barriers under ~36.304 are exempt from the alterations
requirements of subpart D. The intent of the proposed rule
was to maximize the flexibility of public accommodations in
undertaking barrier removal by allowing deviations from the
technical standards of subpart D. It was thought that allowing
slight deviations would provide access and release additional
resources for expanding the amount of barrier removal that
could be obtained under the readily achievable standard.
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Many commenters, however, representing both businesses
and individuals with disabilities, questioned this approach
because of the likelihood tlmt unsafe or ineffective measures
would be taken in the absence of the subpart D standards for
alterations as a reference point. Some advocated a rule requir-
ing strict compliance with the subpart D standard.
ID
The Department in the final rule has adopted the view of
many commenters that (I) public accommodations should in
the first instance be required to comply with the subpart D
standards for alterations where it is readily achievable to do so
and (2) safe, readily achievable measures must be taken when
compliance with the subpart D stundards is not readily achiev-
able. Reference to the subpart D standards inlhis manner will
promote certainty and good design at the same time that
permitting slight deviations will expand the amount of barrier
removal that may be achieved under ~36.304.
Because of the inconvenience to individuals with disabili-
ties and the safety problems involved in the use of portable
ramps, ~36.304(e) pennits the use of a portable ramp to comply
with ~36.304(a) only when installation of a pennanent ramp is
not readily achievable. In order to promote safety, g36.304(e)
requires tlmt due consideration be given to Ole incorporation of
features such as nonslip surfuces, railings, anchoring, and
strength of materials in any portable ramp Omt is used.
Temporary facilities brought in for use at the site of a
natural disaster are subject to the barri~r removal requirements
of 936.304.
ADA Ilandbook
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ANALYSIS
A number of commenters requested clarification regard-
ing how to detennine when a public accommodation has
discharged its obligation to remove barriers in existing facili-
ties. For example, is a hotel required by ~36.304 to remove
barriers in all of jts guest rooms? Or is some lesser percent-
age adequate? A new paragraph (g) has been added to
~36.304 to address this issue. The Department believes that
the degree of barrier removal required under 936.304 may be
, less, but certainly would not be required to exceed, the
standards for alterations under the ADA Accessibility Guide-
lines incorporated by subpart D of this part (ADAAG). The
ADA's requirements for readily achievable barrierremoval in
existing facilities are intended to be substantially less rigorous
than those for new construction and alterations. It, therefore"
would be obviously inappropriate to require actions under
936.304 that would exceed the ADAAG requirements. Ho-
tels, then, in order to satisfy the requirements of 936.304,
would not be required to remove barriers in a higher percent-
age of rooms than required by ADAAG. If relevant standards
for alterations are not provided in ADAAG, then reference
should be made to the standards for new construction.
~30
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March 27, 1994 J
Letter to the Editor:
The Iowa City Councll and the Airport commission owe an apology to the merchants of
the Iowa City, Coralville area, the Iowa City-Coralville Convention and Tourism Bureau
and the Iowa City Women's Bowlin~ociation; for undermining a years work to
secure for the Iowa City Coralville area a major sporting event
The Iowa City Women's Bowling Association began work a year ago to bid for the 1996
Iowa Women's Bowling Tournament. We worked closely with Wendy Ford, ofthe
Convention and Tourism Buerua securing the information needed, letters of support
from the mayors of both Iowa City and Coralville, along with letters from the Chiefs of
Police, the fire departments, hotels & motels and merchants
ofthe area. The bid also included the names of the two centers in Iowa City that would
hold the events, Colonial Lanes and Plarnor Lanes.
Two weeks before the delegates were to meet for IWBA Convention (this past week-end)
to vote on the location of the 1996 tournament we were blindsided by the Council and
Airport Commission with the news that the airport "might" be expanding and Colonial
Lanes would have to go! How did the Mayor not Imow of our intentions? I Imow she
was not the Mayor last summer when our bid was submitted, but wasn't she W$s a
member of the Council? Is there a lack of Interest on the City Councils part, as to what
events the Convention and Tourism Bureau are trying to acquire for Iowa City?
o
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We contacted the Mayor expressing our alarm about the news reports that were being
written and aired across the state. The Mayor assured us that the bowlers need not
worry, Colonial Lanes would be there in 1996. We were told we need not
attend the Airport Commission meeting of last week, as they would be sure that reporters
were there and they would make that fact clear to them. When the
paper came out last Friday, there was no statement of reassurance mentioned. There
was no TV report of the fact that Colonial Lanes would stili be here In 1996. As a result,
everyone's efforts of the past year were in valn. The Iowa City Women's Association was
unable to overcome the negative publicity and as a result did not receive the necessary
votes to secure the bid. The Cedar Rapids Association receive the bid in a very close
vote and will be hosting the tournament
Yo
The City Council and Airport Commissions actions, of the last 2 weeks, probably cost
Iowa City, Coralville area in excess of$2 millions dollars in needed revenue. We will
never know for sure, but Iowa City hosted the tournament in 1976, 1986 and could have
and should have hosted the tournament in 1996.
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Kay Preston, President
Iowa City Women's Bowling Association
PO Box 402
Kalona, IA
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March 27, 1994 ?
Letter to the Editor:
The Iowa City Council and the Airport commission owe an apology to the merchants of
the Iowa City, Coralville area, the Iowa City-Coralville Convention and Tourism Bureau
and the Iowa City Women's BowlingtAssociationj for undermining a years work to
secure for the Iowa City Coralville area a major sporting event
The Iowa City Women's Bowling Association began work a year ago to bid for the 1996
Iowa Women's Bowling Tournament We worked closely with Wendy Ford, of the
Convention and Tourism Buerua securing the information needed, letters of support
from the mayors of both Iowa City and Coralville, along with letters from the Chiefs of
Police, the fire departments, hotels & motels and merchants
of the area. The bid also included the names of the two centers in Iowa City that would
hold the events, Colonial Lanes and Plamor Lanes.
Two weeks before the delegates were to meet for IWBA Convention (this past week-end)
to vote on the location of the 1996 tournament we were blindsided by the Council and
Airport Commission with the news that the airport "might" be expanding and Colonial
Lanes would have to go! How did the Mayor not Imow of our intentions? I Imow she
was not the Mayor last summer when our bid was submitted, but wasn't she WQs a
member of the Council? Is there a lack of interest on the City Councils part, as to what
events the Convention and Tourism Bureau are trying to acquire for Iowa City?
We contacted the Mayor expressing our alarm about the news reports that were being
written and aired across the state. The Mayor assured us that the bowlers need not
worry, Colonial Lanes would be there in 1996. We were told we need not
attend the Airport Commission meeting of last week, as they would be sure that reporters
were there and they would make that fact clear to them. When the
paper came out last Friday, there was no statement of reassurance mentioned. There
was no TV report of the fact that Colonial Lanes would still be here In 1996. As a result,
everyone's efforts of the past year were in vain. The Iowa City Women's Association was
unable to overcome the negative publicity and as a result did not receive the necessary
votes to secure the bid. The Cedar Rapids Association receive the bid in a very close
vote and will be hosting the tournament
The City Council and Airport Commissions actions, of the last 2 weeks, probably cost
Iowa City, Coralville area in excess of$2 millions dollars in needed revenue. We will
never Imow for sure, but Iowa City hosted the tournament in 1976, 1986 and could have
and should have hosted the tournament in 1996.
Kay Preston, President
Iowa City Women's Bowling Association
PO Box 402
Kalona, IA
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Date: March 25, 1994
{1ALY--
To: City Council
From: Karin Franklin, Direc
. of Planning & Community Development
Re: Near Southside Redevelopment - Parking/Impact Fees
At the March 8 City Council meeting, consideration of the ordinance to designate an urban
revitalization area south of Burlington Street ended in a 4-3 vote in favor of the ordinance, with
a proviso from Councilor Baker that he would not vote for further consideration of this ordinance
without changes in the parking requirements in the CB-5 zone and changes in the parking facility
impact fee ordinance. Although there was considerable discussion of an amended urban
revitalization area to include residential properties south of Court Street and to address public
amenities other than parking, the majority voted for the original plan and indicated a desire to
consider a separate revitalization plan for the southerly area later. As a consequence, the staff
has prepared options for the parking requirements for commercial and office uses in the CB.5
zone, and options for amendments to the parking facility impact fee ordinance to reflect what we
believe to be the desires of the majority of the Council.
The options presented are guided by the principles adopted by the City Council in the Near
Souths ide Neighborhood Redevelopment Plan (Jan. 1992) and the direction of the current Council
to require commercial and office projects in the Near Southside to contribute to meeting parking
demand. The principles of the Plan and the current direction are not necessarily inconsistent.
The Plan states: "A system whereby some parking is provided off-site in a public facility and some
on-site may strike the proper balance to achieve the goal of the plan." (p.16). The goal of the
Plan is to encourage revitalization of this area for high-intensity commercial and office uses. The
question to be answered in considering the options put forth is what the proper balance is
between what is required of commercial and office development and what requirements may
discourage development of the area.
PARKING. As this area has been discussed in the past few years, a distinction has been drawn
between residential and non-residential uses in terms of the need or desirability of the public
sector to be involved in stimulating development of these respective uses. Market forces provide
a healthy environment for residential uses near campus while new commercial and office develop-
ment seems to require some stimulus to locate downtown. Our current discussion will continue
to draw this distinction and focus only on non-residential uses in discussing parking changes in
the CB-5 zone.
Prior to adoption of the CB.5 zone, parking for retail and office uses was required at a rate of 1
space/300 sq.ft. of use. Other non-residential uses had a variety of parking requirements. With
adoption of the Near Southside Plan and the CB-5 ordinance, all non-residential uses, except
hotels, were exempt from required parking. If any parking were provided at the owner's choice, '
no more than 1 space/500 sq.fl. of use could be on-site. No impact fee was required. Non-
residential uses in this area, as in the downtown, were not obligated to meet parking demand
since that responsibility was shifted to the public sector, as in the remainder of the downtown.
The options presented to the Council obliqate developers of non-residential projects to contribute
toward meeting parking demand, to varying degrees. Your decision is whether to change the
'133
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requirements from what they are currently; and if the parking requirements are changed, to what
degree.
Each variation starts from a base of 1 space/300 sq.ft. This was the requirement prior to the CB-
S zoning and is based on the Institute of Traffic Engineers, Parkina Generation, 2nd Edition,
study of general office buildings. Since the Institute's study focused on suburban developments,
we factored in the mode split for downtown (30% use alternative modes) and the fact that many
people make multi-purpose trips downtown. With these factors considered, we reached a
requirement of 1 space/900 sq.ft. for downtown development. Option 1 is to require parking at
a rate of 1space/900 sq.ft. For a hypothetical building of 90,000 square feet, up to 100 spaces
could be required on-site, depending upon what amendments are made to the parking impact fee
ordinance, One hundred spaces is approximately one-quarter the size of the new Chauncey
Swan ramp (450 spaces),
Because as a matter of public policy the Council has stated its desire to see the area south of
Burlington Street redevelop, it is reasonable to consider an incentive factor in the calculation of
the parking requirements for commercial use in light of the concomitant burden the parking
requirement will place on the developers of the area, An incentive factor of 2 would result in
Option 2, 1 space/1800 sq.ft. and an incentive factor of 3 would result in Option 3, or 1
space/2700 sq.ft. For the same 90,000 sq.ft. building, 50 spaces and 33 spaces would be
required under Option 2 and 3 respectively, Whether these spaces would be required on-site or
the obligation could be met through a parking impact fee will be determined by amendments
made to the parking impact fee ordinance. Table I presents the parking options.
Table I
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e.g. Parking
Required - 90,000
Options Requirement sq.ft. building
1. No Incentive 1 sp.l900 sq. ft. 100 spaces
2. Incentive Factor. 2 1 sp.l1800 sq. ft. 50 spaces
3. Incentive Factor - 3 1 sp.l2700 sq. ft. 33 spaces
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IMPACT FEE. When the Near Southside Plan was adopted and implemented, a parking facility
impact fee was established, This fee has three purposes: to require the targeted residential
development to pay a proportionate share of the cost of a public parking facility; to allow high-
density development of the land for the intended uses without consuming large amounts of land
for parking; and to enable the centralization of parking in a public facility. Residential
development was targeted since the previous Council agreed that apartments would likely place
a significant burden on downtown parking. The Council also agreed that commercial and office
development should be encouraged and treated as similar developments are treated in the
downtown: no parking was required and no impact fee charged.
Please remember that the Parking Facility Impact Fee Ordinance applies to the entire Near
Southside Neighborhood (a map with the zones is attached). The fee is not, and legally cannot
be, zone specific within the district. All uses within the designated district (the Near Southslde)
must be treated uniformly. In determining the effect of the fee on a particular properly, one must
starl with the parking requirement in the zone. There are four commercial zones and two
residential zones in this area. Since the Council is contemplating changing the parking
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requirement in the CB.5 zone, it is in that zone where the proposed changes will have the
greatest consequence. However, commercial properties in the other commercial zones in the
Near Southside will also experience some change, depending upon the decision regarding the
impact fee.
Impact Fee Ordinance variables. The variables requiring some decision on the part of the
Council pertain to the following:
the percent of spaces required that are provided on-site as part of the development
project;
the percent of spaces covered by an impact fee in lieu of provision on-site;
the flexibility given to the developer to decide the proportion of payment to on-site
provision;
the maximum percent of spaces permitted on-site; and
the proportion of the parking facility cost attributable to each use, or the impact fee per
space by use.
Table II presented below addresses four options for parking spaces on-site and payment of fees
in lieu of construction of spaces on-site, These variables are critical in determining how a
developer will meet his/her obligation to contribute to the parking system; the extent of the
contribution will be determined by your decision regarding the number of spaces required of a
use. These variables will determine how the land is to be used. As more spaces are required
or provided on-site, less of the land (both horizontally and vertically) can be used for the intensity
of use sought in this area. In addition, the financial burden that will be placed on the
development through construction costs or through the impact fee will have an effect on the
,feasibility of any project. In some instances construction costs may be easier to bear than the
, impact fee and vice-versa. As we have determined the cost per space for the current residential
parking impact fee, payment of a fee should be financially less onerous than construction of
parking spaces.
Table II
Parking Facility Impact Fee Options
for Commercial Uses in the Near Southside Neighborhood
Options % of Parking Spaces % of Parking Impact % of Parking Spaces
Required On-Site Fee Paid In Lieu of Permitted On-Site In
Required Parking Addition to Parking
Spaces Spaces Required On-Site
1. 25% On-Sltel 25% 75% up to 50%
75% Impact Fee
2. 50% On-Sltel 50% 50% 0%
50% Impact Fee
3. 100% On-Site 100% 0% 0%
4. 100% Parking Impact none 100% 0%
Fee
5. 100% Flexible none 0.100% up to 50%
183
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Using the model of our existing Parking Facility Impact Fee Ordinance, the cost per space is
determined based upon a calculation of the cost of construction of one space and then
apportioned by use. The apportionment of the cost of the facility is directly related to the concept
of the need created for the facility, How much a development pays is directly related to the need
for the facility created by the development. The original ordinance computed the cost based on
an estimate that new residential development in the impact fee district would need up to 1/3 of
the spaces in any new parking facility and that users from the remainder of the district and the
community as a whole would require the remaining 2/3 of the facility. This computation also
recognized a policy decision that the public would cover the cost of any commercial or office
development in the area as a community responsibility to encourage developments of this type.
Given the Council's shift in direction and the placement of some of this responsibility on office and
commercial developments, the staff has recalculated the estimated need by use, We used the
zoning, the potential for redevelopment in the Near Southside, and historic patterns of parking
usage to make our determination. We believe a reasonable new apportionment by use is 33%
residential, 17% commercial/office, and 50% from the community at large. Using the $12,000
estimated cost per space of the 1992 ordinance, residential use parking impact fees will equal
$4,OOO/space and commercial use parking impact fees will be $2,000/space.
Using the 90,000 square foot building example used earlier, Table III illustrates how such a
project would be affected by Options 1, 2 and 4 presented in Table II, In Option 3, all spaces
would be provided on-site and in Option 5 each project would be different.
Table III
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Parking Spaces Option 1 Option 2 Option 4
Requirement Required 25% on-siten5% Fee 50% on-site/5Q% Fee 100% Fee
1 sp/900 sq. It. 100 25/75 - $150,000 SO/50 - $100,000 $200,000
1 sp/1 BOO sq, It. 50 13/37 - $74,000 25/25 - $50,000 $100,000
1 sp/2700 sq. ft. 33 B/25 - $50,000 16/17 - $34,000 $66,000
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CONCLUSION. In an attempt to stay as close to the original concept of the Near Southside Plan
and continue to provide some stimulus to non-residential development, the staff would suggest
that you choose the least restrictive parking requirement for the CB-5 zone, Option 3. We believe
this option is based on a reasonable evaluation of downtown commuting and parking patterns and
provides an incentive in keeping with the spirit of the Near Southside Plan. This option will
provide an obligation on any new commercial/office development in the CB-5 zone to contribute
to meeting parking demand in the area and is in keeping with what the staff understands to be
Council's present direction.
The parking impact fee option closest to the intent of the original plan is the 100% parking impact
fee, with no spaces permitted or provided on-site (Option 4). This option allows for the most
intensive use of the land for the activities we are trying to encourage. However, this option
ignores the fact that most commercial and office establishments want to have some parking on-
site, for convenience. The current residential fee requires 50% on-site spaces and 50% paid in
fees with the option of putting more spaces on-site; the impact fee for 50% of the spaces is still
required, however. Option 4 is a variation of the current residential fee, but does not permit more
than 50% of required spaces to be placed on-site. This option may be appropriate for
commercial/office uses. To accommodate differences in commercial and office needs, Option 5
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which allows maximum flexibility for the developer to determine the ratio of on-site to fee paid
spaces may be best.
The only feature of this issue the Council raised which we have not brought to you is that of a
phased schedule of payment. There are a number of ways this could be set up, all of which
require considerable administrative expense of time and money, Phasing payment, depending
on the timing, may also raise questions about the directness of the relationship between the need
generated and the fee paid. For these reasons, we do not recommend a phased schedule of
payment.
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The staff will be at your work session on Monday, March 28. This is a complicated issue, If you
have questions or wish to discuss it before Monday, please feel free to call me at 356-5232. Due
to the other items that hinge on your decisions regarding parking, the ordinance amendments
have been put on a fast track. There will be items on your agenda Tuesday to set public
hearings on April 12 on amendments to the Zoning Ordinance and the Parking Facility Impact Fee
Ordinance; the Zoning Ordinance amendments are scheduled for the Planning and Zoning
Commission for April 7. If a decision cannot be reached Monday on the various options, the
Council agenda items and the Planning & Zoning Commission consideration will be deferred.
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PARKING FACILITY IMP ACT FEE AREA
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CITY OF IOWA CITY
March 25, 1994
To Property Owners of Commercially Zoned Property in the Near Southside Neighborhood
At its March 28, 1994, work session, the Iowa City City Council will discuss amendments to
the parking requirements for commercial uses in the Central Business Support, eB-5, Zone and
amendments to the parking facility impact fee ordinance. The amendments to the zoning
ordinance would establish parking requirements for commercial uses in the CB-5 Zone;
presently, parking is not required for commercial uses. The amendments to the parking facility
impact fee ordinance would require that any new commercial development in the Near
Southside Neighborhood pay a parking impact fee in lieu of providing parking on-site, The
parking facility impact ,fee would apply to Ell commercial uses in the Near Southside
Neighborhood, not just those properties zoned CB-5. Enclosed you will find a memo from the
Director of Planning and Community Development outlining the issues surrounding these
items.
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If the City Council decides to pursue these amendments, this schedule would be followed:
March 29. 1994
The Council would set a public hearing for April 12, 1994 on both the zoning ordinance
parking requirement amendments and the parking facility impact fee ordinance
amendments.
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April 7, 1994
The Iowa City Planning and Zoning Commission would consider the zoning ordinance
parking requirement amendments. (This meeting would be held at 7:30 p,m. in the
Civic Center Council Chambers, 410 E. Washington Street.l
April 12, 1994
The City Council would hold a public hearing on both the zoning ordinance parking
requirement amendments and the parking facility impact fee ordinance amendments.
(This meeting would be held at 7:30 p.m. in the Civic Center Council Chambers, 410
E. Washington Street.l
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CIVIC CENTER' 410 E, WHHINOTON ST,
IOWA CITY IOWA l1l40.11l6
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PIlONE il19) 116.l000
FAX 11191 356.l009
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If you have comments on either of these items, you are strongly encouraged to provide them.
Verbal comments may be made at both the April 7th Planning and Zoning Commission
meeting and the April 12th City Council meeting. Your comments may also be submitted in
writing to the City Clerk at any time prior to these meetings.
If you have questions or require more information, please contact myself at 356.5236 or Karin
Franklin at 356.5232.
Sincerely, ,
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David Schoon
Economic Development Coordinator
cc: City Manager & City Council
Director, Planning & Community Development
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NOTICE OF PUBLIC HEARING
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Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 29th day of March,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
(jiCh hearing the Council will consider:
1. An ordinance amending the Zoning
Ordinance by establishing the Brown Street
Historic District.
2. An ordinance amending the Zoning
Ordinance by amending the Conditional
Zoning Agreement for Wild Prairie Estates,
a 71.05 acre property located north of
Rohret Road.
3. An ordinance amending the Zoning
Ordinance by changing the use reguiations
tor an approximate 7,500 square foot
'parcel of land located in the 1300 block
south of Sheridan Avenue from i-1 to RS-B.
Copies of the proposed ordinance amend-
ments are on file for public examination in the
office of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
views known for Council consideration are
encouraged to appear at the above-mentioned
time and place.
MARIAN K. KARR, CITY CLERK
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Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 29th day of March,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
@iCh hearing the Council will consider:
1. An ordinance amending the Zoning
Ordinance by establishing the Brown Street
Historic District.
2. An ordinance amending the Zoning
Ordinance by amending the Conditional
Zoning Agreement for Wild Prairie Estates,
a 71.05 acre property located north of
Rohret Road.
3. An ordinance amending the Zoning
Ordinance by changing the use regulations
for an approximate 7,500 square foot
'parcel of land located in the 1300 block
south of Sheridan Avenue from 1-1 to RS-B.
Copies of the proposed ordinance amend-
ments are on file for public examination in the
office of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
views known for Council consideration are
encouraged to appear at the above-mentioned
time and place.
MARIAN K. KARR, CITY CLERK
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City of Iowa City
MEMORANDUM
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Date:
February 11, 1994
To:
Planning & Zoning Commission
From:
Douglas Russell, Chair, Iowa City Historic Preservation commissio~
Proposed Brown Street Historic District
Re:
With this memorandum the Iowa City Historic Preservation Commission submits to you a
proposed ordinance for the creation of a Brown Street Historic District. The Historic Preservation
Commission recommended approval of the proposed historic district on January 25, 1994,
This proposal has been prepared pursuant to the Iowa City Comprehensive Plan and to the Iowa
City Historic Preservation Plan, These plans encourage appropriate zoning and the use of
historic districts to preserve the character and property values of older neighborhoods such as
Brown Street. If approved, the Brown Street Historic District would be a zoning overlay district,
requiring that demolition permits and building permits for exterior renovations be reviewed and
approved by the Historic Preservation Commission.
The historic district proposal is similar to those written for Woodlawn and South Summit Street
in 1983 and would be the first city historic district created since then, The proposal contains a
narrative outlining the historical and architectural significance of the Brown Street neighborhood.
The narrative is excerpted from the nomination papers being prepared to place Brown Street on
the National Register of Historic Places. The Historic Preservation Commission anticipates that
the National Register nomination will be approved by the National ParI< Service later this year,
During preparation of this proposal, the Historic Preservation Commission held a series of five
meetings with Brown Street area residents and property owners. On January 25 the Historic
Preservation Commission held a public hearing on this proposal. Minutes of that hearing are
attached for your review. Although there are some property owners opposed, based on our
meetings we believe there is strong and broad. based support for the designation within the
proposed historic district. We urge the Planning and Zoning Commission to approve the proposal
and forward it to the Iowa City City Council.
Please contact me at 351.5610 or Robert Miklo at 356-5240 with questions or concerns. I and
other Commissioners will be available at your February 17, 1994, meeting to deliver a brief
presentation and to answer questions regarding the proposed Brown Street Historic District.
bj'JJrownsl
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City of Iowa City
City Council
Susan M. Horowitz, Mayor
Larry Baker
Karen Kubby
Ernie Lehman
Naomi Noviek
Bruno Piggott
Jim Throgmorton
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Stephen J. Atkins, City Manager
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Iowa City Historic Preservation Commission
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Douglas S. Russell, Chairperson
Sue Lieht, Vice-Chairperson
Kevin Hanick
Betty Kelly
, Kay Irelan
Ginalie Swaim, Woodlawn Representative
Jay Semel, Summit Street Representative
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Moniea Moen, Senior Planner
Robert Miklo, Associate Planner
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Marlys A. Svendsen
Svendsen Tyler, Inc,
Sarona, Wisconsin
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The Brown Street Historie District provides a sampler of architeetural styles, house forms,
decorative details, and materials used in Iowa City from e. 1850 through the 1920s. The
District's record of architectural styles, the densely landscaped private lawns, and the intact
brick street ereate a distinet sense of place. This visual quality as well as the historic
importance of Brown Street as an early transportation route and its association with faeulty
and staff of the State University ofIowal all serve to create a distinct neighborhood identity
and historie signifieanee,
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Introduction:
It is the intent of the Brown Street Historic Distriet to recognize the importance of this area
in the development of Iowa City, and to preserve the character and property values for the
enjoyment of eurrent and future Iowa, Citians. Creation of the Historie District will not
prevent alteration of individual properties, but does provide for a process allowing the
Historie Preservation Commission to review the design of proposed alterations and additions
j , to help assure that they are in keeping with the historie charaeter of the neighborhood,
Description:
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The Brown Street Historic District is a linear neighborhood extending along nearly seven
brick-paved blocks from just east of Dubuque Street on the west to Governor Street on the
east. Brown Street lies just below a ridge that runs along the northern edge of Iowa City's
original 1839 town plan, The original plat had a series offull-block outlots laid out along the
north bloek faces opposite four 150' by 80' lots laid out on the south block faces, The terrain
along the north side of the street was wooded and, irregular and except for a roadway eut
through at Gilbert Street, the natural boundary created by these topographie features
remains intact more than 150 years later,
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The original delineation of out lots along the north side of Brown Street was being abandoned
by the turn.of.the-century as demand for residential building sites saw the outlots subdivided
into a patchwork of parcels with depths ranging from 150' to 320' and widths from 40' to 160'.
Corner lots were further divided during the 1920s and 30s creating small lots (widths of 40'
to 75' and depths of 60' to 80') facing the intersecting streets of Linn, Gilbert, Van Buren,
Johnson, Dodge and Lucas. Van Buren and Johnson were dead end streets north of Brown;
Lucas Street was platted but never built north of Brown due to the use of Outlot 13 as a
brick yard.
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At the western end of Brown Street, Linn Street was extended to the north terminating with
a private, eircular drive through Bella Vista Place. This small residential subdivivision
eventually saw eight houses built on relatively small flat lots. The land drops off sharply to
the east and north and more gradually to the west. Large shade trees dot the private yards
and natural areas ring the perimeter ofthe area. The narrow, one-way paved drive runs very
near several of the houses and between the garage and house of one property. The diffieult
'The names "State University of Iowa" (SUI) and "University of Iowa" (Un are used in this nomination to
refer to the same state. funded institution of higher education, The name used in the State Constitution, State
University of Iowa, was used throughout the historical period of development of the Brown Street Historic
District. Beginning in the 1930s and 1940s, the "State" gradually disappeared from references in written
materials about the University,
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topography of the area in part accounts for its late development.
The balance of the Brown Street Historic District retains the characteristics of a
neighborhood developed over more than eight decades extending from before the Civil War
through the 1920s. The area's irregular terrain required terracing or sloping front yards for
most of the houses on the north side of Brown. Elevations above street level range from 2
to 10 feet. Houses on the south side have generally flat lots with little or no elevation above
the public sidewalks. Mature oak and maple trees arch over Brown Street and a mixture of
deciduous trees, including some ornamentals, and conifers dot the heavily landscaped lots.
Hedges and foundation shrubs are abundant with most rear yards containing either small
vegetable gardens, flower beds, rhubarb patches or grape vines. Side yard fences are
uncommon and when they are present, are usually construeted of wood pickets or chain link
covered with vines,
A 20' alley is located at the rear of the lots along the south side of Brown Street. Dead end,
half-bloek alleys are located west of Gilbert Street, north of Brown and east of Johnson
Street, north of Brown, A majority of the lots feature garages with access generally from the
alley, High stone curbs and original brick streets are retained along the length of the
distriet. Beginning in 1990, the City ofIowa City began repairing asphalt utility patches in
the briek streets with salvaged briek in an effort to retain the historic character of Brown
Street,
Two sources of construction material were readily available for building houses and terracing
the sloping lots of Brown Street homebuilders, At the west end of Brown Street, a publie
quarry was located below Bella Vista Place to the north and the erest of the hill overlooking
the Iowa River, Additional quarry sites were.1ocated upstream. At the east end of the Brown
Street on Outlot 13 between Lucas and Governor streets, a briekyard operated. Extraction
of clay for briek making added to the natural depression on this site whieh is now used as
Happy Hollow Park. Together these materials were used in construeting many of the early
residences of Iowa City's north side. On Brown Street, locally quarried stone is evident in
foundations for the district's earliest residences - the Reno House, 1851 (327-329 Brown
Street) and Prospect Hill, c.1854 (834 N. Johnson Street). Rubble foundations, some now
parged, were fabricated from the quarry by-products,
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Local brick and stone were employed in the Berryhill House, e.1850-65 (414-418 Brown
Street, National Register); a pair of adjacent briek houses at 713 Brown Street, c.1910-12 and
717 Brown Street, c.1910-12; and the small side-gable residence at 722 North Lueas, e. 1865.
Other briek houses in the neighborhood appeared at later dates and cannot be attributed to
local briek sources, These ineluded the Vogt House, 1889 (800 N. Van Buren Street); and
residenees at 8 Bella Vista Place, 1922 (briek lower and stucco upper); 328 Brown Street,
1892; 618 Brown Street, 1922; and 727 N, Lucas (moved to this site in the 1930s and brick
veneered).
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Most residences in the neighborhood are frame construetion with exterior cladding consisting
of a combination of 2" to 4" clapboards or decorative shingles (square-eut or fish scale
designs), A handful of houses were constructed with stucco finishes over frame, poured
concrete or building tile shells including the Arthur Hillyer Ford House, 1908 (228 Brown
Street, National Register); 814 N. Linn Street, 1922; 815 N. Linn Street, 1915; 2 Bella Vista
Place, 1923 (asbestos shingles over stucco in 1940s); 8 Bella Vista Plaee, 1922 (brick lower
and stucco upper); 12 Bella Vista Place, 1912; 833 N. Johnson Street, c. 1923-25; and 727 N.
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Dodge Street, 1923. Some residences retain their original scale and massing despite having
their original cladding covered with synthetic sidings (vinyl, aluminum, asbestos shingle, or
asphalt brick) in recent years.
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Roofing materials are mostly asphalt replacement shingles with a few examples of original
or early materials surviving. The house at 815 N. Linn Street and the Ford House retain the
use of original clay'tiles and a handful of more modest houses continue the use of metal
standing seam roofs - a practice originating before World War I as a result of a IO,cal ban on
wood roofs due to the hazard they posed for fires.
r' Brown Street residences range in size from small one and two-story gable eottages to medium
L sized Gabled Ell Cottages and to large hipped-roofed, two-story Four-Squares, and sprawling
asymmetrical organie cottages, both one and two-story forms,
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The condition of houses in the Brown Street District is good to excellent with only a few
exceptions, A substantial number of residences continue as single family homes with
subdivision into two and three family residences most common at the west end of the district
nearest the University of Iowa campus. The larger residences are the most likely to be
converted to apartment use. Conversion to multi-family use sometimes caused the addition
of exterior stairs and new entrances on secondary facades. In one instance (414/418 Brown
Street, National Register), the house and a series of additions were densely developed as
apartments and sleeping rooms. Over time, similar uses were established in new
outbuildings.
Together, the well-kept, large and moderate sized residences along Brown Street and short
sections of adjoining sti'eets combine with the densely landseaped private yards and
boulevards and an intact briek street to give Brown Street a distinct sense of place,
Significance:
General: The Brown Street Historic District is significant for its association with Iowa City's
neighborhood settlement patterns; the development of a major transportation eorridor and
its related sub-themes; its affiliation with the growth of the State University of Iowa after
the turn-of-the.century; and its collection of representative examples of arehiteetural forms
and styles from the period extending from the 1850s through the 1920s. Eaeh of these
aspects of significance is discussed separately below,
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It should also be noted that the Brown Street Historic District already contains four buildings
individually listed on the National Register of Historic Places including the Charles Vogt
House (800 N. Van Buren, listed July, 1978); the Charles Berryhill House (414 Brown, listed
May, 1979); and the Arthur Hillyer Ford House (228 Brown, listed April, 1986); and the
Bohumil Shimek House (529 Brown Street, ,1992),
Neighborhood Identity: The topography and original town plan of Iowa City provided
opportunities for the development of distinct neighborhoods and districts. The presenee of two
waterways, the Iowa River and Ralston Creek, created bluffs and gradual ascents. The town
plan laid out by Territorial Commissioners included a typieal grid system of streets and alleys
along with publie squares and parks.
Historieal events or trends exploited these natural and human.made features in subsequent
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years, The result for Iowa City was a community with distinct neighborhood identities based
on topography, planning features, ethnie traditions, residential building styles and forms,
university growth, transportation connections, and commercial and industrial land use
patterns,
The Brown Street Historic District is one of several neighborhoods identified in the "Town
and Country Neighborhoods Context (1850 - 1940)," one of five associated historic contexts
developed in the "Historic Resourees oflowa City, Iowa" Multiple Property Listing completed
in 1992, The Brown Street Historic district contains 90 contributing buildings (including four
buildings already listed on the National Register), one contributing strueture (Brown Street
itselfl, one contributing site (Happy Hollow Park), and nine non-contributing buildings.2
The Brown Street neighborhood aehieved its distinct neighborhood identity as a result of its
physical relationship to the balance of the town. Lying on the north edge of the original 1839
town plan, lack of proximity to both the central business district and the university campus
precluded the area from being a neighborhood of choice by Iowa City's first residents. Rugged
topographic features which included steep, tree-covered hillsides and ravines slowed
development of Brown Street. The area's development was further complicated by early
plans for the route to serve as a railroad corridor (see below). Later, as the State University
oflowa expanded after the turn-of-the-century, Brown Street's proximity to the growing east
campus made it a favored residential distriet for individuals affiliated with the university.
Together these physical and historical attributes of neighborhood identity set Brown Street
apart from other Iowa City neighborhoods,
Transportation: The Brown Street neighborhood's linear definition and settlement pattern
derive not only from the topographie positioning of the street but also from a series of
transportation plans and developments along the Brown Street corridor. The first
development involved construetion of the Military or National Road, Building of this road
between Dubuque and Iowa City was ordered as one of the first aets of the new Territorial
Assembly. The road - at first nothing more than a plowed furrow - entered Iowa City from
the northeast along the route of Iowa State Highway 1 and then south along Dodge Street
and then west on Brown Street. The route followed Brown Street for three blocks before
turning south on Gilbert and turning west again on Iowa Avenue. By following Brown
Street, the in-town route taken by the Military Road successfully avoided the low lands along
Ralston Creek and the need to bridge its course. As a result of this route, Iowa City's first
hotel was established at the intersection of Gilbert and Brown streets (Reno House, 327-329
Brown Street), Several early acreages were established on the north slopes of Brown Street
with the presence of the Military Road assuring a maintained roadway into the city's center,
In 1850, a second ehapter in Brown Street's transportation history began. Promoters of a
new railroad, the Lyons Iowa Central R.R., suceessfully petitioned the State Assembly for a
grant of right-of-way across the state from Lyons (now a part of Clinton) to the Missouri
River via Iowa City and Fort Des Moines. In 1853, voters in Johnson County overwhelmingly
approved the issuance of $50,000 in bonds to support construetion of the route through the
eounty. Work began a short time later and grading was completed as far as the Iowa River
IFor purposes of this report the terms "contributing" and "non-contributing resources" are based on
classification criteria utilized in the National Register of Historic Places, Contributing resources are
buildings. structures, sites or objects which add to the historic significanco of a property, Non.contributing
resources do not add to the historic significance of a property,
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before the company's capital ran out, A high bridge planned over the Iowa River was never
completed. The route of the Lyons Iowa Central entered Iowa City from the northeast and
traversed the lots which paralleled the south side of Brown Street from Johnson Street to the
river. The company failed before track was aetually laid leaving behind its crew of unpaid
Irish workers, The legal struggle that ensued over payments by the county to bondholders
was not resolved for several decades and probably contributed to the minimal development
which took place along Brown Street until that time. The positive dimension of the Lyons
Iowa Central projeet, however, was that the grading whieh was completed assisted in the
creation of future house sites.
The third transportation development in this corridor involved the installation of brick paving
bricks on Brown Street in 1907 from Linn Street east to Oakland Cemetery, The practice of
using these streets for funeral processions between churches located along Market, Clinton,
Iowa and Jefferson streets and the cemetery was already well established when paving
occurred, This existing use served as a catalyst for paving at that time, a relatively early
date for Iowa City paving projeets. In the latter half of the twentieth century, east-west
routes along Market and Jefferson streets became arterial streets leaving the brick pavement
of Brown Street without overlayment of asphalt or eoncrete, Utility cuts and random repairs
were made with these materials until 1990 when the City of Iowa City established a policy
of making repairs with brick pavers on Brown Street and other intact brick streets.
Inappropriate concrete and asphalt patches have since been removed and replaced with brick
on Brown Street, Several sections of original high stone curb exist along Brown Street.
As was already noted, Brown Street was used as a route between Iowa City's ehurehes and
the cemeteries. City Cemetery appeared on the 1854 map of the city at the eastern terminus
of Brown Street and before 1870 was renamed Oakland Cemetery. St. Joseph's Catholic
Cemetery was loeated north of Oakland Cemetery with the paved brick ending at its
entrance. The loeation of these facilities brought cemetery visitors as well as mourners
regularly along Brown Street, Neither of these cemeteries are ineluded in the District.
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Concurrent with the Brown Street paving project in 1907 came the installation of a new
municipal sewer extension in the west end of the neighborhood. This projeet was a major
incentive for the construetion of new homes before 1920 in the 300 and 400 bloeks of Brown
Street.
University: The State University of Iowa (SUI) was located in Iowa City in 1855, shortly
before the state capital was removed to Des Moines. In the decades that followed, much of
the community's growth rested on the prosperity of SUI and its affiliated research facilities,
University expansion was slow and steady in the early years, The tripling of enrollment
between 1876 and 1896 prompted the first step towards long-range campus planning in 1898.
The Olmsted brothers, sons of Frederick Law Olmsted and important American landscape
architects in their own right, were retained to develop a comprehensive plan for the growing
university. Plans for the east campus (east of the Iowa River) included the concept of
constructing four substantial Beaux Arts style buildings surrounding the former Territorial
Capitol. The collection of five buildings beeame known as the "Pentacrest" (National
Register), Attendanee quadrupled again by the 1920s, and 40 new buildings were ereeted
between 1899 and 1934.
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The growth ofIowa City's population paralleled SUI's growth with population increasing from
7,987 in 1900 to 15,340 in 1930. The east campus was extended north with its size growing
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from 13 to 40 acres between 1900 and 1911. University related growth was also evidenced
by the considerable increase of infill construction along established streets such as Brown
Street itself. More than 60 residenees were built on Brown Street and its adjoining streets
between 1900 and 1930. Fully one third of the new houses built during these years were
built by university-affiliated individuals. Dozens of existing houses were purehased or rented
by university staff as well.
One example in partieular proves the popularity of the Brown Street area for SUI staff,
Ralph Otto built and occupied three separate residences in the neighborhood during his
career - 415 Brown Street (1909), 404 Brown Street (1916), and 824 Gilbert Street (1924).
His life-long eareer as a professor of law at SUI saw him connected to the work of the
community as well, first as mayor in 1911 and later as a judge.
Another example was the development of Bella Vista Place by Milton Remley, an SUI staff
member. The 12 lots making up this subdivision were eventually developed to include eight
houses between 1910 and 1924, Three houses were built by SUI professors and others were
occupied by SUI faculty shortly after construction. Development of Bella Vista Place
encouraged the development of ten additional parcels along Linn Street north of Brown
during this same period, five of whieh were built by SUI faculty members.
A more recent example of a property gaining renown through association with the university
is the former Berryhill residence (414 Brown, National Register). Locally known as "Blaek's
Gas Light Village," this rental property obtained notoriety during the 1960s and 1970s as a
haven for talented writers assoeiated with the University of Iowa's Writers' Workshop and
their bohemian lifestyle,
A list of residences oceupied by U niversity"affiliated individuals both before and after 1900
follows:3
Address Yr. Occupant(s) SUI Mfiliation
Built
215 Brown 1916 William Bates SUI Secretary
228 Brown 1908 Arthur H. Ford Prof" Elect. Eng,
721 Linn 1924 Chester Phillips 1st Dean. College of Business Admin,
814 Linn 1922 Lemuel Raiford, Alice Prof" Chemistry; daughter, Librarian at
Raiford University High
815 Linn 1915 Carl Seashore Prof" Psychology; Dean, Graduate Sch,
819 Linn 1922 James Pearce Prof" Chemistry
6 Bella Vista 1912 George Kay Dean, College of Liberal Arts
lOBelia Vista 1910 Forest Ensign Prof" Education
12 Bella Vista 1911 Milton Remley Professor
lThis list shouid not be considered exhaustive due to the fact that city directories are unavailable for
many years included in the period of significance. In addition, many SUI affiliated occupants who moved to
the neighborhood during the past 50 years and became well-known to modem day residents are not included,
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Built
304 Brown 1909 Fronk Titzell M,D.. Prof" Surgery, Homeopathic Medical
Dep!.
318 Brown 1905 Wm. Bywater M,D" Prof,. Bye, Bar, Nose & Throat;
Vice-Dean, College of Homeopathic Med.
824 Gilbert 1924 Ralph Otto Prof.. Law School; Judge
828 Gilbert 1885 Claude Horak Prof" Law School
401 Brown 1916 Jacob Seitsinger Watchman, SUI
404 Brown 1916 Ralph Otto Prof" Law School
415 Brown 1909 Ralph Otto Prof., Law School; Mayor in 1911
430 Brown 1913 Wm, Raymond Prof" Civil Bng" Dean, College of Applied
Science
720 Van Buren 1913 Ruth Gallaher Librarian, State Historical Society
520 Brown 1905 John Semrad Janitor, SUI Armory
529 Brown 1893 Bohumil Shimek Prof.. Botany
825 Johnson 1925 Roland Williams Ass!. Prof, & Head Basketball Coach
833 Johnson 1923 Ann Sook Supervisor. General Hospital, SUI
834 Johnson 1854 Hugh Downey Trustee, SUI Board
621 Brown 1922 George Boss Janitor, SUI
Brown Street's connection to SUI was further evidenced by the role it played in providing renlal housing
for students and junior faculty in boarding houses, City directories often denote the operators of such
establishments as widows, Examples of residences which served as boarding houses included: 730 Linn.
819 Linn, 328 Brown, 409 Brown, 508 Brown. and 603 Brown,
Proximity to the universily is one reason that explains the differences in building stock found in the Brown
Street neighborhood, East of Dodge Slreet. the size and scale of residences are more modest than on the
five blocks to the west. Houses are more likely to be 1 to 1 Vz-stories in height with small building foot-
prints, No examples of rambling Gabled-Ells or Four Squares are present. Proximity to the former brick
yard operation along .the north side of the 800 block of Brown may have also contributed to the
development of the more modest residences east of Dodge Street.
A dramatic increase in housing demand since the late 1960s and I 970s. saw intrusive apartment buildings
erected on a number of parcels in the north side neighborhood. Both mid-block and corner properties saw
single family residences razed and four 10 lwelve-family apartmenl buildings with off-street parking lots
constructed in Iheir place, The facI that Brown Street has been spared this less favorable aspect of modern
university-related growlh enhances its significance,
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Architecture: The Brown Street Historic District provides a sampler of architectural styles, house forms,
decorative details, and materials used in Iowa City from c, 1850 through 1935. During this time period,
residential buildings evolved from basic, symmetrical plans with simple decorative trim to more
complicated plans, both symmetrical and asymmetrical in design, with complicated roof and porch patterns
and decorative millwork, Design elements from the Greek Revival, Italianate, Queen Anne. Craftsman.
Georgian or Colonial Revival, Prairie School, Bungalow, Mediterranean, and Mission styles are applied
to a range of vernacular house forms and sizes,
The discussion of architecture which follows is based on building form categories identified by Gottfried
and Jennings in American Vernacular Design. 1870 - 1940. (New York: Van Nostrand Renhold Company,
1985), They include: Hipped Cottage or Four-Square; Gabeled-Ell; Open Gable; Organic Cottage;
Bungalow or Bungalow Collage; Closed Gable Cottage; Gambrel Cottage; One-Story Gable; and Shot-Gun
Collage, Illustrations of these forms taken from Gollfried and Jennings' book appear as part of the
discussion which follows,4
The most common house form in the Brown Street Historic District is the Hipped Cottage or Four-Square,
A total of 22 houses were built in the district between 1899 and 1925 in variations of this form, Common
characteristics of the form evidenced in the examples found on Brown Street include a 2-story, 3-bay
configuration; hipped roof of various pitches; cenlrally placed, hipped roof dormer(s); porches across entire
front facade; asymmetrically placed entrance door (common); cottage window on first floor (common);
double hung windows or groups of windows on upper floor and secondary facades; and horizontal
members separating I st and 2nd stories (common).
The Hipped Collage appeared either unadorned with clean lines and decoration confined to material
changes between stories and divided window lights (407, 530, 617 and 632 Brown Street; 810 and 821
Linn Street; 821 Gilbert Street and 825 Johnson Street) or with streamlined embellishments of the Prairie
School (814 and 818 Linn Slreet), the Georgian or Colonial Revival (404 Brown Slreet and 720 Van
Buren Street) or the Mediterranean Revival (815 Linn Street). Hipped Cottages are found throughout the
west end of the Brown Slreet Historic Dislrict but the lesser val~ed lots east of Dodge Slreet saw no Four-
Squares built in the easl end of the District.
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Two other common vernacular house forms found in the Brown Street Historic District are the Gabled-Ell
Collage and the Open Gable Collage, Twelve examples of the former built between 1875 and 1903 survive
with most of lhe examples constructed during the 1880s and 90s, The Gabled-Ell form consisted of an
ell shape with the inner comer used for placement of a porch and the entrance. A variation saw aT-shape
plan with two inner corners used for porches, The roof plan for lhe main house used intersecting gables
with a half gable or hipped roof for the porch, As with the Four-Squares, lhe Gabled Ells readily accepted
ornament. Good examples of Gabled-Ells in the District include 325, 409 and 417 Brown Street - each
with Queen Anne decoralion, and 529 Brown Street which features a less common wrap-around porch
with neo-classical detail. Other examples of the Gabled-Ell fonn have been altered to a greater or lesser
extent.
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Thirteen examples of the Open Gable Cottage were built between the Civil War and the beginning of the
Great Depression in 1929. As its name suggests. this house form lakes its name from a single dominating
feature - the open gable, The front facade has the entrance off-set of center, symmetrical fenestration, and
a porch extending across the facade, Along Brown Street, it is found in either 1112 and 2-story sizes and
is constructed of frame or brick, As with the other cottage forms found in the District, the Open Gable
Cottage can be left relatively simple or embellished, Two early examples in the District, both constructed
of local brick, are 414 Brown Street which features Italianate detailing and 722 Lucas Street, a side-gabled
form with minimal decoration. An example built in 1893 at 311 Brown features Queen Anne detailing,
Ferdinand Goss, a local brick manufacturer, built three Open Gable Cottages between 1910 and 1912 in
the 700 block of Brown Street. All three were solidly built. simple designs without obvious decoration,
He used the two brick houses at 713 and 717 Brown Street as rental housing for students and blue-collar
workers and sold the frame cottage at 721 Brown a few years later,
Craftsman detailing was the most common decoration applied to the Open Gable Cottages in the Brown
Street Historic District. Examples include 304. 603, and 619 Brown Street and 724 Dodge Street. The
house at 811 Brown Street features the only example of a clipped gable or pent gable roof and dormer
in the District.
The two architectural forms with the briefest lives in the Brown Slreet District were the Organic Cottage
with examples dating from the 15 years between 1889 and 1904 and the Bungalow and Bungalow Cottage
from 1915 to 1930, The Organic Cottage appeared in either 1 Vz or 2V2-Story form in the District in both
brick and frame (clapboard and shingle) construction, It is characterized by asymmetrical massing and
the use of a central hipped roof with gable roofed wings and dormers, Like the Gabled-Ell Cottage,
verandas and porches fill the inset comers and in some examples wrap two sides. Decorative treatments
generally use the vocabulary of the Queen Anne for porch posts or columns, spindled balustrades,
bargeboards, window trealments, and shingled gable ends,
All of the Organic Cottage examples appear in the west half of the Districl with six of the ten located at
highly visible intersection or comer lots, The two brick houses designed by local architect O,H. Carpenter
were built at such prominent intersections - 328 Brown Slreet (1892) and 800 Van Buren Street (1889),
Both use the basic Organic Cottage form with Queen Anne detailing - arched window and door openings,
bargeboard (328 Brown Street). elaborately detailed wall and roof dormers. classical porch columns and
com ice frieze designs (328 Brown Street). lattice work porch details (800 Van Buren), corner towers and
bay windows, and conical roofed porch seclion (800 Van Buren),
The Organic Cottage design was used for three houses localed at a key intersection in the District at Linn
and Brown streets, All three houses (725. 729 and 730 Linn Street) have a central hipped section with
gable roof wings, The latter two are situated on comer lots, Decoralive fish scale shingles were used for
all three with bargeboards and scroll work embellishing the gables at 725 Linn. An intact set of turned
posts, turned balusters, and spindle frieze adorn the house at 730 Linn Street. Two of the smaller scale
Organic Cottage examples include the houses at 730 Van Buren Street (1904) and 502 Brown Street
(1899), Built on opposite comer lots, both have steeply pitched hipped roofs with similarly pitched wall
dormers and wrap around porches,
The Bungalow and Bungalow Cottage began appearing before World War I and conlinued through the
decade of the 1920s, Bungalows were generally modest I or I Vz-story residences with broad gable roofs
for the main building and inset gable roofs for the porches, In the Bungalow Cottage, the gable faced the
side and a shed dormer faced the street. Craftsman detailing was frequently used for porch trim. eaves.
brackets and interior finishes, The Bungalow (and its variations) was the last house style to be introduced
into the Brown Street Historic District and, as a result, the few small lots slill available for
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Bungalow was the last house built on a particular block except for the Bungalows built in the 800 block
of Brown Street. Only the Bungalow Cottage built at the end of Johnson Street (900 Johnson Street,
(915) with its broad gable roof extending over its porch and its large shed dormer across the front facade
had a site of any consequence, The best examples of the classic Bungalow form are at 718 Johnson, 609
Brown, and 833 Johnson streets. The latter employs stucco and shingles for exterior cladding and
Craftsman style detailing,
The other house forms found in the District but which appear infrequently include the Suburban Cottag~.
the Gambrel Cottage, and lhe One-Story Gable or Shot-Gun Cottage, For example, only four examples
of the Gambrel Cottage (318, 415, and 430 Brown Street and 810 Johnson Street) were built between the
tum-of-the-century and World War I. The District's sole Suburban Cottage is located at 315 Brown Street
with a pair of Shot-Gun type houses located nearby at 323 Brown Street and 811 Linn Street.
Design elements present in high styles such as the Greek Revival, Italianate, Mission, and Colonial
Revival styles are found in isolated examples, Only two examples of the Greek Revival (327-29 Brown
Street and 834 Johnson Slreet) were constructed, both in the mid-1850s, Five Colonial Revival style
residences were built during the 1920s at 4 Bella Vista Place. 721 and 819 Linn Street, and at 427 and
508 Brown Street The district's only example of the Italianate style is at 414 Brown Street, and the
singular example of the Mission Style is found at 228 Brown Street.
The listing which follows groups the Brown Street properties by basic design form, Properties are listed
as they appear along Brown Street from west to east and its north/south side streets; dates of construction
and any stylistic attributes or important features are also noted.
List of properties hv desil!ll form:
Four Squares or Hipped Cottages/2-story
215 Brown (1916)
810 Linn (1899)
814 Linn (1922) - Prairie School
815 Linn (1915) . Mediterranean/Mission
818 Linn (1916) . Prairie School/Craftsman
821 Linn (1912)
6 Bella Vista Place (1912) . Colonial Revival
8 Bella Vista Place (1922) - Prairie School
12 Bella Vista Place (1911) - Colonial Revival
821 Gilbert (1901)
404 Brown (1916) - Georgian detail
407 Brown (1917)
422 Brown (1916)
431 Brown (1920)
720 Van Buren (1913) - Georgian detail
721 Van Buren (1922)
514 Brown (1920)
520 Brown (c,1905)
530 Brown (1901)
815 Johnson (1918)
825 Johnson (1925)
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618 Brown (1922) - Villa Form wIPrairie School and Mediterranean
629 Brown (1922)
632 Brown (1912)
Gabled.EII Cottages/Z.story
222 Brown (1900)
817 Linn (1882)
325 Brown (1896)
718 Gilbert (1891)
409 Brown (1903)
417 Brown (c,1896)
509 Brown (c.1895)
528 Brown (c.I887)
529 Brown (1893)
802 Dodge (1875) - one-story
727 Brown (1900)
727 Lucas (1875)
Open.Gable Cottages/2 and Wl.story
304 Brown (1909) - Craftsman
311 Brown (1893) - Queen Anne
414 Brown (1866) - Italianale
603 Brown (1910) - Craftsman
619 Brown (1914) - Craftsman
726 Van Buren (1904)
713 Brown (1910-12)
717 Brown (1910-12)
721 Brown (1910) .
722 Lucas (1865) - side-gabled
811 Brown (1922) - clipped gable roof/clipped gable dormers
815 Brown (c,I925)
Organic Cottages/2lh and Wl.story
725 Linn (1891)
729 Linn (1896)
730 Linn (1891)
314 Brown (1892)
328 Brown (1892) . Queen Anne
715 Gilbert (c,1900)
730 Van Buren (1904)
800 Van Buren (1889) - Queen Anne
502 Brown (1899) . Queen Anne
523 Brown (1902)
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Bungalow and Bungalow Cottage/Wl and 2.story
5 Bella Vista Place (1927)
10 Bella Vista Place (1910) - Craftsman
824 Gilbert (1924)
401 Brown (1916) - Craftsman
718 Johnson (1920)
833 Johnson (1923)
900 Johnson (1915)
609 Brown (1921) - Craftsman
621 Brown (1922)
720 Dodge (1930)
724 Dodge (1929) - Craftsman
727 Dodge (1923)
714 Brown (1922) - Craftsman
827 Brown (c.l916)
831 Brown (1916)
Suburban Cottage
315 Brown (1896)
Gambrel CottagesJZ.story
318 Brown (1905)
415 Brown (1899)
430 Brown (1913)
810 Johnson (1918)
Gable Cottages or Shot.GunsJl.story
811 Linn (1900)
323 Brown (1890)
Mission Style/Z.story
228 Brown (1908)
Greek RevivaVl.story
327-29 Brown (1851)
834 Johnson (1854)
Colonial RevivaVl.story
4 Bella Visla Place (1921) - side-gabled
721 Linn (1924)
819 Linn (1922)
427 Brown (1921)
508 Brown (1882) - gabled COllage
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I Bella Vista Place (date unknown) - hipped cottage
2 Bella Vista Place (1923) - Unidentified
Contributing and Non-Contributing Properties:
The Brown Street Historic District contains 90 contributing buildings (including 4 buildings already listed
on the National Register). 1 contributing structure (Brown Slreet itself). I contributing site (Happy Hollow
Park), and 9 non-contributing buildings,
Integrity requirements used to determine contributing and non-contributing designation were drawn from
discussion included under "Section F, Associated Property Types" of the "Historic Resources of Iowa City"
multiple property nomination submitted to the National Park Service in 1994, Registration requirements
for properties associated with two historic contexts, "The Development of the University of Iowa (1855-
1940)" and "Iowa City Neighborhoods" Town and Country (1840-1940)," recognize and accept organic
changes to residences in Iowa City's historic neighborhoods, Nevertheless, in these areas, houses are
expected to be minimally altered with the most change expected in the earliest buildings. For a building
to be designated as "contributing," its integrity will be considered sufficient if principal facades remain
relatively intact. window and door openings appear intact, decorative trim survives. and roof lines are
unaltered, Synthetic siding will not automatically preclude designation of a building as contributing if its
scale and massing remain. its placement is critical to maintain a sense of streetscape, it is felt the
installation of the siding is reversible. and the balance of the building meets the other integrity tests, In
a similar fashion, the addition of later porches, unobtrusive additions on non-principal facades, and modern
roofing materials will not automatically disallow a building from consideration,
All buildings included in the List of Properties by Design Form above are classified as "contributing,"
Non-contributing buildings are listed below and are so designated because their construction falls outside
of the period of significance for the Brown Street Historic District, alterations are of a substanlial nature,
or the building has been moved to the present site, '
Non-contributing buildings:
510 Brown Street (1938)
519 Brown Slreet (1890; major alternations)
707 Brown Street (1949)
728-30 Brown Slreet (two-family; 1979)
80 I Brown Slreet (1963)
817 Gilbert Street (1934)
828 Gilbert Street (1885; moved to site in 1922)
719 Johnson Street (1962)
821 Johnson Street (1956)
Contributing Structure:
Due to the significance of Brown Street's association with the theme of lransportation (Military Road.
railroad corridor. church-cemetery route and brick slreet) and the brick street's high level of integrity, it
is considered a separate contributing structure to the Brown Streel Historic District, Portions of the
designated street extend between lite east and west boundaries of the Brown Street Historic District.
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Contributing Site:
Happy Hollow Park is designated as a contributing site as a result of the property's former use as a
brickworks in the late 19th Century, The site may contain historic artifacts relating to this manufacturing
process and its current use as a city park also retains the open space appearance associated wilh this
process.
Summary:
In summary. the Brown Street neighborhood is a reflection of its topography, the taste of its homebuilders.
the story of transportation developments along its corridor, and the account of growth of the nearby State
University of Iowa, The house fonns and architectural styles selected by its resident builders reflected
the trends in both vernacular and high style domestic architecture from before the Civil War to the Great
Depression, The combination of visual qualities and historical associations gives the Brown Slreet Historic
District its distinct neighborhood identity and significance.
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Brown Street Historic District. Occupants
215 Brown'
222 Brown
228 Brown
721 Linn
725 Linn
729 Linn
730 Linn
810 Linn
811 Linn
814 Linn
815 Linn
817 Linn
818 Linn
819 Linn
821 Linn
1 Bella Vista
2 Bella Vista
4 Bella Vista
5 Bella Vista
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1916
1900
1909
William Bates - Secretary, SUI
William Rittenmeyer - dairy, milk dealer
J. Otto Schulze (Agnes)-Pres, IC Electric Ry
1908 Arthur H, Ford - Prof., electrical engineering, SUI; nationally known
researcher
1924 Chester Phillips (Mary), 1st dean of college of business administration;
Phillips Hall namesake
1891 John Dietz, insurance agent; 1902 to Congregational Society -parsonage;
Rev. Ira Houston during pre-WWI yrs, '
1896 Paul Korab, cashier, Iowa State Bank; president, IC Savings Bank: later,
lawyer in practice with son; 1948 - Edward Korab, lawyer
1891 Martin E, Freeman (Frances); by 1898, Frances is widow with boarders;
children worked in county auditor's office in various capacities
1899 Frank K. Stebbins, mayor: mgr. Hawthorne Glove Co,; retired by 1912;
daughters Kate and Lida continued business after father
c1900 rental housing until David Thomas, 1922
1922 Lemuel Charles Raiford (Sarah)-prof.of chemistry, SUI; daughter Alice,
librarian at University H.S" SUI
1915
1882
1916
1922
1912
unk
1923
c1921
1924
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, Carl E. Seashore (Roberta), prof, of psychology, SUI; dean of graduate
school, 1908-1937; internationally known scholar of psychology of music,
acoustics, speech correction, scientific approaches to various subjects, etc,;
first recipient of SUI's "Distinguished Service Professor" in 1948
Barbara Rittenmeyer (widow Wm,L,)
Fred Seemann (Mae), Ruppert & Seemann Furniture
James N, Pearce (Martha), prof, chemistry, SUI with English prof. as a
boarder
Emma Taylor (widow James A. Taylor); 1930-M, Willard Lampe, dir,
school of religion, SUI
Unknown builder; moved to site
Unknown builder; later occupant - Maude McBroom, prin, of SUI's
Experimental School
Hornell Hart, occupation unlmown
Unknown builder; later occupant Wm. Malamud, prof, of psychiatry, SUI
19
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6 Bella Vista 1912 George Kay, Dean, Liberal Arts ColI., sm
8 Bella Vista 1922 Fred Seemann; owner, Rupert & Seemann Furniture Store
10 Bella Vista c.1910 Forest Ensign, prof, of education, SUI
12 Bella Vista 1911 Milton Remley; developer of Bella Vista Place subdivision and SUI
employee
304 Brown
1909
1920
311 Brown
1893
314 Brown
1892
315 Brown
1896
318 Brown
1905
323 Brown
1890
325 Brown
1896
328 Brown
1892
327-29
Brown
1851
715 Gilbert c1900
718 Gilbert 1891
817 Gilbert 1934
821 Gilbert 1901
824 Gilbert 1924
825 Gilbert 1910
401 Brown 1916
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Frank Titzell, MD, Prof, of surgery, Homeopathic Medical Dept" SUI;
builder and owner of Summit and Burlington Apartments
John Dunlap (Anna), assoc, prof hydraulics,
SUI
William Rummelhart, driver Union Bakery, later, grocer
Joseph Holub, clerk, Gramling Bros. and later Denecke & Yetter, both
drygoods; Holub married Anna Slezak and managed of former Slezak
Grocery from 1901 to 1934.
J, William Rummelhart (Mary A,), grocer, very similar to 311 Brown
Rental property, tenant - Dr, Wm. Bywater, prof,ofeye, ear, nose & throat,
vice-dean of college of homeopathic medicine; later Dr, John Cogswell,
prof, gynecology & obstetrics, Howard H, Jones, director of athletics, SUI
Catherine Fitzsimmons, widow Michael, remarried Robert Freeman in
1915, trav, salesman
Winfield S. Grim (Katie), barber, Grim and Lindeman
Joseph Slezak (Eva)-proprietor of Slezak Hall, Hotel and Grocery; leader
in local Bohemian community; 915-1919 house was a fraternity house;
later boarding house by Mrs, Amy Littig (widow, Dr, Lawrence Littig)
two cabins hooked together to form hotel, now form basement of house;
Lewis T. Reno (1868-77)
Rev, AB, Leamer (Agnes); pastor English Lutheran Church
John Cerney (Mary); clothing store clerk
residence
rental residence owned by Joseph & Eva Slezak
Ralph Otto (Alma)
Jacob Seitsinger (Lucy) - watchman, SUI; earlier frame dwelling on this
site
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407 Brown
409 Brown
414 Brown
415 Brown
417 Brown
422 Brown
427 Brown
430 Brown
431 Brown
720 Van Buren
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Ralph Otto, prof, of law, SUI & attorney for Jefferson Hotelj later judge,
dist, court
George Katzenmeyer (Ella) - Katzenmeyer Bros, flour and feed store,
moved from next door @ 409
George Katzenmeyer (Ella) - Katzenmeyer Bros, flour and feed store; later,
Bertha Shellady, boarding house
Charles Berryhill House, merchant, farmer & speculator
1899 Joseph Koza, Koza and Co, Meats; real estate
1909-14 Ralph Otto, prof. oflaw, SUlj lawyer, mayor in 1911
c.1896
1916
1921
1913
1920
721 Van Buren 1922
726 Van Buren 1904
730 Van Buren 1904
800 Van Buren 1889
502 Brown
508 Brown
509 Brown
510 Brown
514 Brown
519 Brown
520 Brown
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1882
c1895
1938-40
1920
1906
c.1905
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Frank Konvalinka, Hemmer & Kovalinka drygoodsj later, dept, mgr, @
Yetters; later, SUI hospital maintenance worker
Jacob Axmear (Rosa), retired
J, Elzear Ries (Bertha), clk, Ries Iowa Book Store
William G, Raymond (Helen ), prof., civil engineering, SUlj pres" IC
School Boardj later, dean of college of applied science
Cloyde Shellady (Louise)
1913 Daniel Gallaher (Sarah)j later, Ruth Gallaher, daughter, librarian at State
Historical Soc., SUI, 1930
Raymond PohleI' (Edna), groceries & meats
Fran Vesely (Clara), clerk
Joseph Holubar (Arnostina), clerk Maresh Bros.
Charles Voghtj Jacob Hotz-builderj O,H, Carpenter-architect, National
Register
William Adams, carpenter (tenant) 1909 - Charles Unash, cigar mkr.,
band director
Carrie Lewis, widow Johnj teacher; remarries Frank Chapman, dentist;
widowed again in 1920 & takes in SUI boarders
James Dvorsky (Anna), insurance and secy. of Commercial Clubj Anna
teaches school
George Hornung (Josephine), carpenter, Hunzinger-Wagner Co,
Albert Drews, Jr, (Emma), drugstore clerk
John Semrad (Barbara), janitor, SUI Armory
21
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523 Brown 1902 Michael Jirava (Mary)
1907 Joseph Dvorsky (Ella), retired
528 Brown c.1887 Barbara Kosderka (later Semrad)
529 Brown 1893 Bohumil Shimek (Anna), prof, of botany, SUI beginning 1899, N.R,listed
530 Brown 1901 Frank Sook (Anna), nightwatchman
718 Johnson 1920 Unknown owner-builder
719 Johnson 1962 Residence
810 Johnson 1918 Dr. Theodore L, Hazard
815 Johnson 1918 rental residential owned by Frank Sook, adjacent property owner
821 Johnson 1956 residence
825 Johnson 1925 rental residential owned by Henry Souchek (Gertrude); Roland Williams,
asst, prof & head basketball coach in 1930
833 Johnson 1923 Robert S, Sook (Ann), carpenter; Ann - supervisor of urology at General
Hospital, SUI
834 Johnson 1854 "Prospect Hill," residence of Hugh Downey, attorney, banker, real estate
dealer & member of first board of trustees of SUI; later John A. Pickering
(Barbara), china & glass store,
900 Johnson 1915 Sylvester Critz (Louisa), tailor at The Rex Tailors; duplex by 1930,
603 Brown 1910 Julia McElroy, widow with boarders, 1st listing beg, 1917
609 Brown
1921
William Reha (Mary), laborer, Smith and Burger, general contractors
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1915
Albert Drews (Emma), contractor
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Fred Racine (Ethel), Racine's Cigar Stores
618 Brown
1922
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1914
rental house initially; 1930 - Ralph and Clara House, prof', romance
language
619 Brown
621 Brown
1922
George L, Boss (Rosa).janitor, SUI; and after 1930, also Virgil H, Boss
(Helen).wholesale news dealer
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629 Brown
1922
632 Brown
1912
J,A, Pickering
1918
Marcus Deaton (Claire).dist. mgr, NWMutual Life Insurance Co,
707 Brown
1949
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714 Brown
717 Brown
721 Brown
726 Brown
727 Brown
728 Brown
722 Lucas
727 Lucas
801 Brown
811 Brown
815 Brown
827 Brown
831 Brown
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1910-12 Ferdinand Goss, brickmaker - rental housing for students and SUI
teachers; Goss was brickmaker nearby
1922 Will Hayek (Heleil), City solicitor, lawyer
1910-12 Ferdinand Goss, brickmaker - rental housing - blue collar workers
1910 built by Ferdinand Goss; sold to Frank & Anna Neider, 1914; to Fred and
Rose Neider, 1915; clerk at Slavata & Eppel
1890 Building razed; original residence of Michael Goss (Eve), brick
manufacturer
1900
Matthias Plevka; beginning 1904 . Albert Soucek (Barbara), bricklayer
1979
Rental duplex
c,1865 or Owned by Christian Gaulocher 1886-1922~ Brickmaker, Third Ward
c.1880 Councilman, At one time the building was the office for Gaulocher & Son
Brick Manufacturers, which operated the brickyard to the north,
1875 Albert Soucek (Barbara), mason; at this site in 1930; house moved from
Horace Maim School site and covered with brick at that time
1963 Residence
1922 Fred J: Zinkula, laborer
c.1925 rental house by Ralph Shalla; then Joseph Shalla, laborer-painter
c.1916
rental house owned by Mary Shimon
1916
Charles Picha; 1930.John Lemons, SUI instructor, military
23
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Major Bibliographical References
Atlas of Johnson County, Iowa, [Publisher Unknown] 1917,
Atlas of Johnson County, Iowa, Davenport, Iowa: The Huebinger Survey & Map Publishing Co" 1900.
Atlas of Johnson County, Iowa, Iowa City, Iowa: J, J. Novak, 1889,
Aurner, Charles Ray. Leading Events in Johnson County, Iowa History, Vol 1 & 2, Cedar Rapids:
Western Historical Press, 1912.
Baxter, Elaine, Historic Structure Inventory, North Side Neighborhood Preservation Study, Iowa City,
Iowa: University ofIowa, Institute of Urban and Regional Research, 1977.
The Census of Iowa for the years 1856, 1873, 1875, 1880, 1885, 1885, 1887, 1889, 1895, 1905, 1915,
and 1925 as printed by various State Printers,
Combination Atlas and Map of Johnson County, Iowa, Geneva, Illinois: Thompson & Everts, 1870,
Directories of Iowa City, Iowa,
Gerber, John C, A Pictorial History of the University of Iowa, Iowa City, Iowa: University of Iowa
Press, 1988,
Gottfried, Herbert and Jennings, Jan, American Vernacular Design, 1870. 1940, New York: Van
Nostrand Reinhold Company, 1985,
History of Johnson County, Iowa, Iowa City, Iowa, 1883,
Iowa City and Her Business Men; Iowa's Most Enterprising City, Iowa City, Iowa: Moler's Printery,
[Date Unknown],
Iowa City, Iowa, a City of Homes, Iowa City, Iowa: Iowa City Commercial Club, 1914,
Insurance Maps of Iowa City, Iowa, (New York: The Sanborn Map Company; 1874, 1879, 1883, 1888,
1892, 1899, 1906, 1912, 1920, 1926, 1933, 1933-1970)
Johnson County History, Iowa City, Iowa, Iowa Writers Project, Works Progress Administration,
1941.
Keyes, Margaret N. Nineteenth Century Home Architecture in Iowa City, Iowa City, Iowa: University
ofIowa Press, 1966,
Lafore, Laurence Davis, American Classic, Iowa City, Iowa: State Historical Society ofIowa, 1975,
Mansheim, Gerald, Iowa City: An Illustrated History. Norfolk, Virginia: The Downing Company,
1989.
Perl, Larry, Calm and Secure on the Hill: A Retrospective of the University of Iowa, Iowa City, Iowa:
University of Iowa Alumni Association, 1978,
Persons, Stow, The University of Iowa in the Twentieth Century: An Institutional History, Iowa City,
Iowa: University ofIowa Press, 1990,
24
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Portrait and Biographical Record of Johnson, Poweshiek and Iowa Counties, Iowa. Chicago:
Chapman Bros" 1893.
The Report of Olmsted Brothers, Landscape Architects of Brookline, Massachusetts. (lowa City, Iowa:
University of Iowa, 1905,)
Richardson, Jim, The University of Iowa. Louisville, Kentucky: Harmony House Publishers, 1989,
Shambaugh, Benjamin F. Iowa City: A Contribution to the Early History of Iowa. State Historical
Society of Iowa, 1893.
Shambaugh, Benjamin F, The Old Stone Capitol Remembers, Iowa City, Iowa: State Historical Society
ofIowa, 1939.
Sisson, John R. Johnson County, Iowa Map, [Publisher Unknown] 1859,
Weber, Irving, Irving Weber's Iowa City - Vol, I, 2, 3, 4, 5, and 6, Iowa City, Iowa: Iowa City Lions
Club, 1976, 1979, 1985, 1987, 1989 and 1990.
Newspaper Articles
Iowa City Press - Citizen Articles:
"City's First Apartment Building Built in 1914," July 2, 1983,
"Clinton Street Famous for Many Clothing Stores." July 26, 1980,
"College Street Downtown: Much as it Was in 1894," July 3, 1982,
"The Early History of Iowa City," February 10, 1916.
"Early Newspapers," March 9, 1939,
"Feed Mills Gave Way to More Modern Business," August 16, 1980,
"Iowa City Chronology," February 17, 1984,
"Iowa City's Puzzling Growth Rate," March 21, 1981.
"Iowa City was Attractive to Railroads in 1854," May 5, 1984.
"No College on College Street" October 11, 1980.
"Obtaining the University," March 28, 1939,
"Old Post Road," April 5, 1945,
"Pioneer Grocers," December 4, 1940,
"UI Inspired Building Boom of 1927-29," July 16, 1983,
"War and Enrollment," May 25, 1939,
"Where did Students Live Before Dormitories?" November 2, 1985,
Newspaper Obituaries:
Thomas Caywood, 8/23/1947
Carrie (Mrs, Frank) Chapman, 7/13/1942
Forest Ensign, 4/11/1961
Arthur H. Ford, 2/16/1930
Robert Freeman, 9/25/1927
Winfield Grim,1/18/1902
Joseph Holub, 11/11/1934
Anna Slezak Holub, 3/26/1963
George Hornung, 3/15/1955
Josephine Hornung, 10/29/1956
Mary Jirava, 4/14/1961
Ellen (Mrs, George) Katzenmeyer, 1/22/1947
George Kay, 7/20/1943
25
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Frank Konvalinka, 3/19/1957
Paul Korab, 2/25/1945
George Koser, 11/11/1942
Tessie Leinbaugh Kozer, 317/1974
Joseph Koza, 7/12/1919
Ralph Otto, 2/22/1928
Mathias Plevka, 1/12/1904
Ida Sanders, 3/5/1900
Carl Seashore, 10/26/1949
John Semrad, 2/10/1938
Joseph Shalla, 9/17/1948
Cloyde Shellady, 6/9/1969
Joseph Slezak, 1/9/1912
Frank Titzell, 10/20/1936
Waid Tuttle, 1/3/1969
"Iowa City, Founded 90 Years Ago, Shows Progressive Spirit in the Pioneer Days," September 30,
1929,
"Let There Be a Town, Legislators Said and Presto, Iowa City Sprang Up Around 'Old Capitol' Like
Magic," Davenport Times, December 22, 1927,
"Semi-Centennial Edition," Iowa City Republican, October 20, 1890,
Articles, Pamphlets and Reports
Brandt, Isaac, "When Iowa's Capital was Moved," Annals of Iowa, Vol. 33, No.6 (October, 1956),454-
459,
Ellis, Edwin Charles, "Certain Stylistic Trends in Architecture in Iowa City," Unpublished M.A.
Thesis, University ofIowa, 1947,
Jacobsen, James 1. "North Side Neighborhood, Iowa City, Iowa," Iowa City, Iowa: Iowa State
Historical Department, Division of Historic Preservation, 1981.
Magnuson, Linda W, "Sheets and Company: An Iowa City Builder/Architect Firm, 1870-1906,"
Unpublished M,A, Thesis, University of Iowa, 1980,
Petersen, William John, "Iowa City - Then and Now." The Palimpsest, Vol. 48, No, 2 (February,
1967), 81.
Rogers, Earl M" "A Bibliography of the History of the University ofIowa, 1847 . 1978," Preliminary
Edition, University of Iowa Libraries, 1979,
Schroder, Alan M, "Former Homes of the State Historical Society, 1857.1960," The Palimpsest, Vol.
63, No, 3 (May/June, 1982), 83-85,
"State University of Iowa Building Situation. (Iowa City, Iowa: University of Iowa, 1923.)
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Thornton, Harrison John. "Locating the State University ofIowa." Iowa Journal of History, Vol. 47,
No, 1 (January, 1949), 60-62,
The University of Iowa Fact Boo/l, (Iowa City, Iowa: Office of University Relations, 1979; updated
November, 1987,)
26
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING
ORDINANCE BY ESTABLISHING THE BROWN
STREET HISTORIC DISTRICT AS AN HISTORIC
PRESERVATION OVERLAY ZONE.
WHEREAS, the Iowa City Historic
Preservation Plan, contained in the
Comprehansive Plan of Iowa City, recommends
consideration of a Brown Street Historic
District; and
WHEREAS, the Iowa City Historic
Preservation Commission has completed a
study of the proposed Brown Street Historic
District and has found that the area is visually
and historically significant in the history of
Iowa City; and
WHEREAS, the Planning and Zoning
Commission has reviewed the proposed Brown
Street Historic District and has found that it
complies with the Comprehensive Plan, the
Zoning Ordinance and proposed public
improvements in the area; and
WHEREAS, the creation of the Brown Street
Historic District will help to preserve property
values and to preserve the historic and visual
character of the district for the enjoyment of
currimt and future residents of Iowa City.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
SECTION I. APPROVAL. The Brown Street
Historic District, legally described below and
Illustrated on Exhibit A attached hereto and
incorporated by this reference, be established
as a Historic Preservation Overlay Zone.
An area containing the northern half of
Blocks 11, 12, 32, 33, 52 and 53, Original
Town, Iowa City, Iowa, as shown on a plat
recorded in the Johnson Coun~ Recorder's
Office In Book 1, Page 116 (hereinafter
said plat is referred to as "Original Town"l.
Block Outlots 13, O.L. 16, O.L. 17 and
O.L. 1 B, all lots fronting Brown Street and
Linn Street on O.L. 19 of said Original
Town. Said area also containing all lots
except Lot 4 of the north half of Block 73,
Original Town. Seld area also containing
Lots 1 through 14 Bella Vista Place.
Said area also to contain the east half of
Outlot 14 and the east 10 feet of the south
,170 feet of the west half of Outlot 14,
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Ordinanca No.
Page 2
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Original Town. Also including the south
100 feet by 160 feet of the west half of
Outlot 14, Original Town.
Said area also to contain the south half
of Outlot 15, except: Commencing 100
feet north of the southeast corner of Outlot
15, in Iowa City, Iowa, according to the
recorded plat thereof, on the west side of
Dodge Street; thence west 60 feet; thence
north 70 feet; thence east 60 feet to the
west side of Dodge Street; thence south
70 feet to the place of beginning, Original
Town, Iowa City, Iowa.
Also including: The west 170 feet by
170 feet of Outlot 15 in Iowa City, Iowa,
according to the recorded plat thereof; also
commencing at a point on the south line of
Section 3, Township 79 North, Range' 6
West of the 5th P.M., which point is 150
feet west of the northeast corner of said
Outlot 15 in Iowa City, Iowa, thence west
181 feet to a point 11 feet west of the
northwest corner of said Outlot 15, thence
north 109 feet, thence northeasterly to a
point 122.5 feet north of the point of
beginning, thence south 122.5 feet to the
point of beginning, being a part of Lot 25 in
the subdivision of the southeast quarter of
Section 3, Township 79 North, Range 6
West of the 5th P.M., according to the plat
thereof recorded in Plat Book 1, Page 1,
Plat Records of Johnson County, Iowa.
Also including: The following portion of
Lot 25 of the subdivision of the SE 14 of
Section 3, Township 79 North, Range 6
West of the 5th P.M. Commencing at a
point 11 feet west of the east line of
Johnson Street of the Originel Town of
Iowa City, Iowa, thence north parallel with
Johnson Street 109 feet, thence west 248
feet to a point on the west line of Lot 25,
thence south 109 feet, thence east along
the south line of said Lot 25, 248 feet to
point of beginning.
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
final passage, approval and publication of this
ordinance as provided by law.
SECTION III. REPEALER. All ordlnancas and
parts of ordinances in conflict with the
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Ordinance No.
Page 3
provisions of this Ordinance are hereby
repealed.
SECTION IV. 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 V. EFFECTIVE DATE. This
Ordinance shall be in effect after its final
passage, approval and publication, as provided
bylew.
Passed and approved this
MAYOR
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CITY CLERK
Approved by
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City Attorney's Office
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FRIENDS OF HISTORIC PRESERVATION
P.O. Box 2001, Iowa City, Iowa 52244
17 March 1994
City Council
Civic Center
Iowa City 52240
Dear Council Members:
Friends of Historic Preservation would like to encourage you
to support the Brown Street Historic District designation.
This neighborhood has a rich history that is closely linked
to the development of both the City and the University. It
is also a neighborhood of diverse architecture, from large
Victorian houses to cottages and bungalows.
The City would not be going into this designation without past
experience. The SummitiStreet and Woodlawn districts have
proven that historic districts work well for the homeowners,
the neighbors, and--most importantly--for the City itself.
We would also like to commend the work of the Historic Preserva-
tion Commission, which has worked hard to inform the residents
about the District. Also, consultant Marlys Svendsen deserves
applause for her excellent research and thoughtful recommenda-
tions.
We urge you to vote for the Brown Street Historic District, and
for preserving another piece of Iowa City's proud heritage.
Best wishes,
r(l.u.. La, V)f(td-\:
Paula Brandt
President
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January 23, 1994
Iowa City Council
Civic Center
410 E, Washington St.
Iowa City, IA 52240
Dear Council Members:
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As home owners in the proposed Brown Street Historic District, we
would like to express our full support for establishing such a district, We
appreciate the efforts of those who are working to make this designation a
reality,
Sincerely,
Charles R. Kremenak
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NeJJle W. Kremenak
815 N. Linn
Iowa City, IA 52245
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January 21, 1994
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Mr. Doug Russell
Chair
Iowa City Historic Preservation Commission
410 East Washington
Iowa City, Iowa 52240
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Dear Mr. Russell:
'Since I will not be able to attend the January 25 public
hearing regarding the Brown Street Historic District zoning
proposal, I am writing to indicate that as a homeowner in
the proposed district, I am strongly in favor of this
proposal. I believe it will benefit our neighborhood and
the city, as well as individual homeowners and other
residents. Please add my voice to those working for the
proposal's swift passage. Thank you.
.'!
Sincerely,
~ ?~ Jz.
Susan M. Shullaw
718 N. Johnson
Iowa City, Iowa 52245
351-2606
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Presiden t:
Liz Miller
714 Ronalds Street
Iowa City, Iowa 52245
Vice President:
Susan Feeney
719 Ronalds Street
Iowa City, Iowa 52245
Secretary/Treasurer:
Dawn Neppel
727 N. Lucas Street
Iowa City, Iowa 52245
" Board of Directors'
Beth Gauger, Kay Irela~
Sue Kratz, Marti Milani:
Nancy Parker
NORTII~IDE
NEIGHBORHOOD ASSOCIATION
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Presiden t:
Liz Miller
714 Ronalds Street
Iowa City, Iowa 52245
Secretary/Treasu rer:
DaI\11 Neppel
727 N, Lucas Street
Iowa City, Iowa 52245
Vice President:
Susan Feeney
719 Ronalds Street
Iowa City, Iowa 52245
NOQTtlc%IDE
NEIGHBORHOOD ASSOCIA liON
Board of Directors:'
Beth Gauger. Kay Irelan,
Sue Kratz, Marti Milani,
Nancy Parker
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March 28, 1994
Dear Council Member,
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One of the Northside Neighborhood Association's pUlposes is to
provide accurate information to our neighbors when an issue comes to our
attention such as establishment of the Brown Street Historic District,
During the past year-and-a.half, we have dedicated ourselves to the
task of providing information about the District to all those who own
property within its bounds, first, in reference to the Historic PreselVation
Plan, and then, the proposed District itself, This effort has included door-to-
door distribution of written materials; numerous block meetings, open to
anyone, and to which everyone received a written invitation; presentations at
all of our meetings by Doug Russell or Kay Irelan, Historic PreselVation
Commission members; reports in our quarterly newsletters, one of which was
distributed to all Northside residents, not just those on our malIing list; and
most recently a sUlVey and petition intended to ascertain the degree of
support among District property owners for this ordinance, Non-resident
property owners were included in these projects, We have encouraged
evetyone to ask questions and state their opinions, and to that end, we
provided phone numbers of commission members and city staff,
Noone affected by establishment of this district can claim to be
uninfonned, All have had ample oppOliunity to consider the information,
form an opinion and let it be known,
We believe that a sizable majority of property owners favor this
ordinance,
Our Association's board voted unanimously to support creation of the
Brown Street Historic District, We believe that it is in the best interest of
residents and property owners and also of our entire neighborhood.
We urge you to vote in favor of the ordinance establishing this district,
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T~II$/J~r:
Anne Burnside
618 Ronalds
Iowa Cky,IA 52245
President:
Susan Feeney
719 Rona/ds
Iowa Cky,IA 52245
melt P~${dtnt:
Dawn Neppel
727 N, Lucas
Iowa City, IA 52245
Secretary:
UzMllIer
714 Ronalds
Iowa Cky,IA 52245 ,
NOQTII~IDE
NEIGHBORHOOD ASSOCIATION
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 29th day of March,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance amending the Zoning
Ordinance by establishing the Brown Street
Historic District.
2. An ordinance amending the Zoning
Ordinance by amending the Conditional
Zoning Agreement for Wild Prairie Estates,
a 71.05 acre property located north of
(!)ROhret Road.
, 3. An ordinance amending the Zoning
Ordinance by changing the use regulations
tor an approximate 7,500 square foot
'parcel of land located in the 1300 block
south of Sheridan Avenue from 1-1 to RS-B.,
Copies of the proposed ordinance amend-
ments are on file for public examination in the
office of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
views known for Council consideration are
encouraged to appear at the above-mentioned
time and place.
MARIAN K. KARR, CITY CLERK
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SPECIAL INFORMATION:
Public utilities:
Municipal water service is available to
the site. Sanitary sewer service must
be extended to connect with existing
sanitary sewer located on Rundell
Street.
Public services:
Police and fire protection and solid
waste disposal services will be provided
by the City.
Transportation:
The site is accessible to vehicular traf-
fic via Sheridan Avenue. Transit ser-
vice is available on an hourly basis
during the day on the Seventh Avenue
route.
Physical characteristics:
Ralston Creek runs from south to north
along the east portion of the property.
West of the waterway, the remainder
of the property slopes gently down to
the north and the east.
BACKGROUND INFORMATION:
The 7.64 acre property, located south of Sheridan Avenue and north of the Iowa Interstate
Railway, is now owned by James O'Brien. The property has been used primarily as a
manufacturing site since the early 1900s. In recent years, the site was occupied by a
drainage pipe manufacturing firm, Advanced Drainage Systems, and by an electric power
substation owned by Iowa-Illinois Gas and Electric Company. On November 10, 1992, at the
request of the Longfellow Neighborhood Association, the City Council approved a rezoning
of the ADS site from 1-1, General Industrial, to RS-8, Medium Density Single-Family Residen-
tial. On March 3, 1994, the Commission recommended approval of a request to rezone the
50' x 150' former electric power substation site from 1-1 to RS-8.
The preliminary plat for Longfellow Manor, as proposed, is a 21 lot residential subdivision with
Lots 1-20 located along an interior cul-de-sac street, Longfellow Place, and Lots 20 and 21
having access to Sheridan Street. Single-family residences and duplex development would
be permitted within the proposed subdivision.
ANALYSIS:
Subdivision Design. In 1992, when the ADS tract was being considered for rezoning to RS-8,
staff viewed the characteristics of the relatively large tract located within a developed residen-
tial neighborhood, as suitable for clustered [PDH] development. Through a planned residential
development, the presence of Ralston Creek along the east boundary of the property with its
associated floodplain could become a public neighborhood amenity. Reasonable density could
be permitted clustered away from the floodplain area.
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The Longfellow Manor preliminary plat is essentially a standard residential subdivision. Outlot
1, which is to be dedicated to the City for stormwater management control, includes over an
acre of land located along the east edge of the tract. Outlot 1 contains Ralston Creek and its
associated banks, and is located largely within the Ralston Creek flood way limits.
In terms of subdivision design, Lot 21 has considerable development constraints. Due to
access difficulties, the limited buildable area, the long term maintenance problems related to
the proposed retaining wall, and the heightened potential for flooding in the vicinity of the
bridge abutment, staff recommends that Lot 21 be eliminated from the proposed subdivision.
Staff cautions that the subdivision design with the limited frontage of cul-de-sac Lots 8
through 12 restricts the amount of paving permitted within the required 20 foot front yard
setback. Zoning Ordinance Section 36-58(c)(3)b.2 requires that not less than 50% of the
required front yard shall remain in open space free of impervious surface. For Lots 8 through
12 as presently configured, this means that approximately no more than 400 square feet of
impervious surface would be permitted in the front yard, which would allow one 20 foot by
20 foot driveway per lot. A duplex located on one of these lots would be limited, in all
practicality, to a total of two single-stall garages.
Additionally, the narrow widths of Lot 7, and Lots 15 through 19 limit duplex development
in compliance with side yard setback requirements and minimum residence width requirements
that provides sufficient parking, Lots 1 and 20 may be similarly constrained due to the
required front yard setback along Sheridan Avenue. It is unlikely that the proposed preliminary
plat will accommodate duplex development on a majority of the lots.
Stormwater Management. The initial Longfellow Manor plat submittal showed a sizable wet
bottom storm water detention basin immediately west of Ralston Creek in the southeast area
of the site. Staff questioned the desirability of such a basin, because it could prove to be both
a liability to the property owner and the City; it is likely to be an attractive nuisance and could
exacerbate flood levels rather than relieve them. The City Public Works Department is inclined
to concur with the February 24, 1994, letter from Christopher M. Stephan indic~ting that it
may be preferable for storm water to be discharged directly from the site into Ralston Creek.
The storm water detention basin has been removed from the revised plat. Public Works is
evaluating whether to reduce or to waive the storm water management requirements for
Longfellow Manor Subdivision. If required, preliminary storm water calculations should be
approved by the Public Works Department prior to preliminary plat approval.
Floodway Protection. The flood way limits lines are shown on the preliminary plat. The
floodway lies within the floodplain, and serves as the carrying channel for Ralston Creek.
Publics Works indicated a flood way maintenance easement should be designated on the plat
along Ralston Creek. This type of easement allows the City to enter the floodway to keep the
creek channel clear of obstructions, and to alleviate conditions that increase the potential for
flooding. The revised plat notes that Outlot 1 is "TO BE DEDICATED FOR A PARKWAY."
Outlot 1 will be required to be in acceptable condition prior to dedication of the land to the
City.
Outlot 1 encompasses most of the floodway, but small portions of Lots 11 through 21
encroach into the floodway. Public Works requests that the plat clearly note that Outlot 1 is
to be dedicated "to the City." Additionally, either the west boundary of Outlot 1 should
coincide with the floodway limits line on the west side of the creek, or floodway maintenance
easements should be shown on any subdivision property located within the floodway, but
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outside of the area to be dedicated. Access for floodway maintenance is available from the
alley on the east side of the creek, and via an access easement between Lots 17 and 18 on
the west side of the creek.
Wetlands. The Iowa City Sensitive Areas Map - Phase I indicates that potential wetlands exist
on the site, As noted on the plat, further grading on the site will be suspended until the U,S.
Army Corps of Engineers makes a determination concerning whether jurisdictional wetlands
exist on the property, In a March 2, 1994, letter to the Corps of Engineers, Larry Schnittjer
requested wetlands verification for the O'Brien property, According to the applicant, Mike
Hayes, Corps of Engineers, will be visiting the Longfellow Manor site on March 30, 1994.
If protected wetlands exist within the proposed development, the applicant will need to
document that the subdivision design will accommodate wetland protection, mitigation and/or
compensation. Staff, therefore, recommends that the wetlands verification by the Corps of
Engineers of the subject property be made prior to preliminary plat approval,
Streets and Sidewalks. The mid-block intersection of Longfellow Place with Sheridan Avenue
is well located with adequate sight distance and sufficient setbacks from the Oakland Avenue
and Grant Street intersections with Sheridan Avenue. Staff, however, recommends that there
be no direct access to Sheridan Avenue from Lot 20. Sufficient access is available via
Longfellow Place. The common access (driveway) easement located on Lot 20 should be
eliminated. The cul-de-sac street length of approximately 470 feet and the 60 foot turning
radius shown for the cul-de-sac bulb are within acceptable limits according to the City Fire
Department.
The applicant has indicated the 18 foot wide drive located along the west boundary of the site
is intended to provide access to the rear of Lots 1 through 8. The private drive allows for the
commendable possibility of alleviating both parking congestion and an overemphasis of
garages fronting on Longfellow Place. However, the 18 foot wide private drive should not be
expected in the future to serve as required street frontage for vacant, RM-12 zoned property
to the west. Retrofitting the private drive to create a public street would require more
pavement width and right-of-way width, and would create double frontage lots [Lots 1-8] with
less than the required lot area if duplexes are constructed on those lots. This would not be
permitted and should not be anticipated as a possibility for future development.
In addition to the four foot wide sidewalk shown along the Sheridan Avenue frontage, the plat
shows a four foot wide sidewalk along Longfellow Place; on both sides of the street and on
the outside curve of the cul-de-sac.
Sanitary Sewer. The August 20, 1992, staff report on the rezoning request for the ADS site
from 1-1 to RS-8 cautioned: "Sanitary sewer capacity is restricted to the north of the ADS
site. Any development of the property that increased the volume of sewage discharge,
whether the use was residential, commercial or industrial, would require the extension of a
sanitary sewer line from the southeast corner of the site, under the creek to a manhole east
of Ralston Creek." The sanitary sewer connection to Grant Street, as shown on the plat, is
unacceptable due to surcharging within that sewer line. The City cannot permit development
that will result in raw sewage in the basements of existing homes in the neighborhood. Public
Works has suggested two alternatives for connecting the sanitary sewer from the O'Brien
property to the Rundell Street line, which has sufficient depth and capacity. Either of the
alternate connections will require engineering verification and significant public relations
efforts on the part of the developer.
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Neighborhood Open Space. The Longfellow Neighborhood Open Space District has an open
space deficit of 2.9 acres. According to the approved Neighborhood Open Space Plan, the
amount of open space need generated by the proposed subdivision would be .28 acres, or
12,197 square feet. Staff has recommended that public, linear open space with pedestrian
pathways along Ralston Creek and adjacent to the railroad right-of-way be considered as a
means of fulfilling this neighborhood open space need. The Longfellow Neighborhood
Association has indicated its preference for a pathway with perhaps a few park benches along
Ralston Creek; the active open space [playground] needs of the neighborhood are adequately
met at the Longfellow elementary school grounds, and to a lesser extent at Creekside Park.
Outlot 1 as presently configured will serve as passive open space, providing a natural buffer
between Longfellow Manor Subdivision and the existing residences to the east. There is not
sufficient land outside of the floodway to install pathways on either side of the creek or to
provide access from Sheridan Avenue. The main purpose of dedicating Outlot 1 to the City
is to facilitate flood control.
STAFF RECOMMENDATION:
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Until the issues outlined above are resolved and the deficiencies and discrepancies listed
below are remedied, staff recommends that SUB94-0002 be deferred. Upon resolution of the
deficiencies and discrepancies, staff recommends approval of the Longfellow Manor
subdivision.
DEFICIENCIES AND DISCREPANCIES:
1. The rezoning of the former electric power substation site from 1-1 to RS-8 must be
completed prior to preliminary plat approval.
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2. If preliminary stormwater calculations are required by Public Works, they should be
submitted and approved prior to preliminary plat approval.
3. Discrepancies concerning floodway maintenance easements or dedication of land within
the f100dway should be resolved prior to preliminary plat approval.
4. Verification by the U. S. Army Corps of Engineers should be submitted prior to
preliminary plat approval documenting whether jurisdictional wetlands exist on the site.
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5. The location of the sanitary sewer connection must be approved by the City Public
Works Department, and correctly illustrated on the plat prior to preliminary plat
approval.
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ATTACHMENT:
1. Location Map.
2. Preliminary Plat Reduction.
3. February 24, 1994, Letter from Christopher M. Stephan.
4. March 2, 1994, Letter from U.S. Army Corps of Engineers from Larry Schnittjer.
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1. Preliminary Plat.
Approved by:
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February 24, 1994
Charles Schmadeke, F.E.
Director of Public Works
City of Iowa city
410 East Washington
Iowa city, Iowa 52240
Re:
Longfellow Manor
Iowa City, Iowa
Dear Mr. Schmadeke:
Several questions have been raised regarding the following design aspects
for the above referenced project:
1. Location for connection to existing sanitary sewer
system.
2. Stormwater storage requirements.
We have been asked why we show the proposed sanitary sewer connection for
this development' being made at the existing sanitary sewer manhole in
Grant Street, approximately 50 feet north of Sheridan Avenue instead of
using the existing sanitary sewer located on the east side of Ralston
Creek along the entire east side of this project. We have measured the
inverts of the sanitary sewer east of the project and have found that the
existing sanitary sewer is 3.5 feet to 5.0 feet higher than the present
flowline of Ralston Creek. For this reason, we opted to make our
sani tary sewer connection in Grant Street. (We have enclosed photo
copies of our field book notes verifying this for your reference and
use. )
The Preliminary Plat (Revised 2/08/94) shows a stormwater detention basin
located adjacent to Ralston Creek in the southeast corner of the subject
site. This site for the proposed stormwater basin was selected for its
ability to intercept as much of the site runoff as possible as well as
intercept runoff from previously developed areas to the west of
LongfellOW Manor. The basin shown is proposed to be a wet-bottom
facility. As shown, the proposed basin achieves the required stormwater
storage volume at elevation 673.3. The flood profiles for "South Branch
Ralston Creek" show the 100-year flood elevation in the vicinity of the
proposed stormwater basin to be 679.1. We believe that flow depths on
Ralston Creek will inundate the proposed basin before runoff from the
site is able to fill the proposed basin, thus denying storage of site
runoff and negating any benefit that the stormwater storage may have
provided. We have not performed as detailed, but we believe that it
would be better to allow the site runoff to discharge into Ralston Creek
unimpeded so that it can be out of the channel and not impede or compound
upstream stormwater flows as they reach this location.
Page 1 of 2
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We therefore believe it would better serve the city of Iowa City to allow
this development to discharge its storm runoff directly into Ralston
Creek without benefit of stormwater storage. For this reason, we request
that the subject subdivision be exempted from having to comply with Iowa
City's stormwater ordinance.
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If you have any questions or require any additional information, please
contact us accordingly.
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M MMS CONSULTANTS, INC.
M 1917 S. GILBERT ST. · IOWA CITY · IOWA 52240-4363
OFFICE: 319-351-8282 FAX: (319) 351-8476
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Robert 0, Mickelson
larrY R. Schnl"Je,
Chrl.toph.r M. St.phan
Glenn O. Meisner
Dennl. J. Keitel
Paul V. Andmon
Dun E. Beranek
March 2, 1994
Mike Hayes
Corps of Engineers
Rock Island District
Clock Tower Bldg.
PO Box 2004
Rock Island, IL 61204-2004
Re: Request for Wetland Determination and Guidelines for possible
mitigatation if necessary, prior to preparation ~f the 404
permit, for the Paul &: Mary Kennedv O.t.Q.P.al:.ty 10cat.e.cLQXLgi
side .9~th ~_tlb..er.:t_.st, ranc;)1ameS O'Brien's property located
\-oiitIie south slde of Shendan Avenue, six blocks east of Dodge
\ Street which includes a segment of Ralston Creek along the
\ easterly boundary. Both projects are in Iowa City.
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Dear Mr. Hayes:
KENNEDY TRACT: The enclosed print of Kennedy's Waterfront Addition
illustrates the proposed development of the Kennedy Property. We have
recently been advised that portions of the tract are probably wetlands.
The following dialog is my understanding of the historical background of
the tract:
Mr. Kennedy operated on auto salvage business on the property until about
1979 when the City of Iowa City acquired the Right-of-Way and constructed
South Gilbert Street through the area. The street grade was elevated as
it passed the tract, however, it appears that there was not adequate
consideration given to drainage of the property on either side. The
drainage problem has been compounded by siltation from development east
of the site.
Mr. Kennedy relates that there was not a serious problem with surface
drainage prior to the construction of Gilbert Street, and since that time
he has removed remanents of the former salvage operation from as much as
3 feet of silt.
Mr. Kennedy has been gradually improving and developing lots on the
property since 1981. The current proposal is for 11 lots west of South
Gilbert Street. The drawing also conceptually illustrates the
development of the balance of his property. The current proposal is the
maximum that the City will allow until adequate sanitary sewer service
is available.
The City of Iowa City is currently planning a major trunk sewer which
will provide the capacity necessary for the development of this and other
properties in this vicinity and it will also transport flows from the
"old" treatment plant to the "new" treatment plant for additional nitrate
removal. As illustrated on the drawing this trunk sewer is to be
constructed along the west side of the Crandic Railroad.
Page 1 of 2
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I have discussed the trunk sewer project with the Iowa City pubic Works
Director and he said that the current plans are to construct the trunk
sewer in the 1995 construction season. He also said that the project may
include a storm sewer that would transport flows from the existing
culvert under the railroad to the Iowa River.
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, The area on the east side of Gilbert Street will be severely impacted by
the proposed trunk sewer and storm sewer construction, in that the trunk
sewer is proposed to be at least 60" diameter and installed at a depth
of approximately 20 feet.
The city is also currently in 'the process of acquiring Right-of-Way on
the east side of the Railroad for the extension of Southgate Avenue to
Gilbert Street. (Mr. Kennedy will provide the right-of-way through his
property.) The extension through the Kennedy property will require a
si~nificant amount of grading and filling adjacent to thE!, existing
rallroad embankment. '
Obviously, Mr. Kennedy desires to be able to continue to improve and
develop the property. The first question will be to determine the extent
of the presumed wetlands, then whether or not preservation and/or
,mitigatation will be necessary, and if so, would it be alternatively
possible to construction a new wetlands off-site.
O'BRIEN TRACT: The enclosed copy of the Preliminary Plat of Longfellow
Manor illustrates the development proposed by Mr. O'Brien. The tract is
the site of a former manufacturing facility that was initially developed,
nearly 100 years ago. During the past year Mr. O'Brien has removed the
original manufacturing building and generally cleaned up a major portion
of the site. A large amount of fill material has been imported to the
site and placed on the upper portion of the tract. The City of Iowa City
has recently developed a map of "Sensitive Areas" which illustrates
possible wetlands on the O'Brien project, and they have requested
verification prior to any further grading operations. Little, if any,
filling to date has occurred beyond the limits of the original crushed
rock storage yard of the manufacturing facility. However, the clean-up
work, junk, brush, and small tree removal may have disturbed possible
wetland areas. In my estimation it is doubtful that wetlands, if any,
exist beyond the limits of the Ralston Creek floodway boundaries, which
,has been the limit of any proposed grading activities.
We would appreciate your assistance in these determinations at your
earliest convenience. If you have any questions or need additional
information, please feel free to contact me accordingly.
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Respectfully submitted:
.
ENCL. (3)
cc : Tom Kennedy
James O'Brien
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February 2S, 1994
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Mayor Susan Horowitz
City of Iowa City
Civic Center
410 E. Washington St.
Iowa City, IA 52240
Re: RE294-0002
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Honorable Mayor Horowitz:
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I, Jim O'Brien, request expedited consideration by the Planning and Zoning Commission and the
City of Council of RE294-0002. a rezoning of a former electric power substation site from 1-1 to
RS-S, This rezoning is needed prior to plat approval for the larger ADS site. I would like to
proceed with residential development of this property this Spring and therefore request your
expedited consideration of the proposed rezoning.
Respectfully submitted: '
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James J. O'Brien
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STAFF REPORT
To: Planning and Zoning Commission
Prepared by: Melody Rockwell
Item: REZ94-0002, 1300 block south
of Sheridan Avenue, north of
Iowa Interstate Railway.
Date: March 3, 1994
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GENERAL INFORMATION:
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Applicant:
The Breese Co., Inc.
P. O. Box 2267
Iowa City, IA 52244
Phone: 337-2130
Contact person:
David P. Poula, Attorney
4570 Rapid Creek Rd NE
Iowa City, IA 52240-7727
Phone: 354-4540
Requested action:
To rezone a former electric power sub-
station property from 1-1, General In-
dustrial, to RS-a, Medium Density Sin-
gle-Family Residential.
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Purpose:
To permit incorporation of a 50' x 150'
parcel into a proposed 7.64 acre resi-
dential subdivision.
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Location:
1300 block south of Sheridan Avenue,
north of Iowa Interstate Railway.
Size:
7,500 square feet; .17 acre.
Existing land use and zoning:
Vacant [former electric power substa-
tion site]; 1-1.
Surrounding land use and zoning:
North - Single-Family Residential; RS-8.
East - Vacanti Ralston Creek, Single-
Family Residential; RS-8.
South - Vacant, Iowa Interstate Rail-
way, Single-Family Residential;
RS-8, RS-5.
West - Vacant, Single-Family Residen-
tial, Multi-Family Residential;
RS-8, RM-12.
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Comprehensive Plan:
Low-Density Residential; 2-8 dwelling
units per acre,
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Applicable Code requirements:
Zoning Ordinance.
File date:
February 9, 1994.
45-day limitation period:
March 28, 1994,
BACKGROUND INFORMATION:
The Breese Co., on behalf of property owner James O'Brien, has submitted an application to
rezone a 7,500 square foot property from 1-1, General Industrial, to RS-8, Medium Density
Single-Family Residential. Sheridan Avenue is immediately north of the 50' x 150' parcel,
where an electric power substation was formerly located. Immediately to the east, south and
west of the parcel is the recently cleared and graded, former industrial property, known as the
ADS site. At the request of the Longfellow Neighborhood Association, an approximate five
acre portion of the ADS site was rezoned by City Council from 1-1 to RS-8 on November 10,
1992, If the applicant's requested rezoning of the 7,500 square foot parcel is approved, he
intends to incorporate the residentially rezoned parcel as a part of a 7,64 acre residential
subdivision of the ADS site.
ANALYSIS:
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Comprehensive Plan and Zonino Considerations
The Comprehensive Plan designation for this area of the community is for low density
residential development, that is, 2-8 dwelling units per acre. The requested RS-8 rezoning,
which would permit single-family or duplex development is consistent with the Comprehensive
Plan designation for the area.
The request property is no longer used as an electric power substation. Further, the property
is not of sufficient size, nor would it be appropriate in the midst of a low density residential
neighborhood, for industrial redevelopment of the property to occur.
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Single-family homes exist north, east, south across the railroad line, and west of the site. As
previously indicated, the vacant property surrounding the request parcel is zoned RS-8, which
permits single-family or duplex residential development of the property. Although an
apartment building is located west of the site, the predominant use of property in the area is
single-family residential. An RS.8 zoning designation for the request site would be in harmony
with a majority of the surrounding existing residential development.
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Duplex development could not occur in isolation on the 7,500 square foot property due to
insufficient lot area. However, because the request property and the ADS site are under one
ownership, the two abutting lots are considered one property under the terms of Section 36-
82(c) of the Zoning Ordinance. It makes eminent sense to rezone this industrially zoned
remnant of property consistent with the surrounding larger tract with which it will be redevel-
oped.
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Staff recommends that REZ94-0002, the request to rezone a 7,500 square foot property
located in the 1300 block south of Sheridan Avenue and north of the Iowa Interstate Railway
be approved.
ATTACHMENTS:
1. Location Map.
2. Application.
Approved by:
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PLANNING & COMMUNITY DEVELOPMENT · IOWA CITY
APPLICA liON FORM
NOTE TO APPLICANT - THIS IS A COMPREHENSIVE APPLICATION FORM, COMPLETE
ONLY THOSE ITEMS RELATED TO YOUR APPLlCATION(S).
PLEASE TYPE OR PRINT
NAME OF APPLICANT: AODRESS: PHONE:
Tho O~M'O rn In. "n Onv 00r,7 In"" rH.. r, <;~~nn I 117_011n
NAME OF DEVELOPMENT I NO. OF LOTS: I SITE SIZE: PRESENT
tlone One 50' x 150' ZONING 1-1
STR~tg9rS~ OR PR~ERTY LOCATlq~~(( ;t\SSESSOR'S PARCEL NO,: PROPOSEO
() 'f\v'f~J - 5 fe /1 ' ,[ lIone--fnnnerly uhilit,y ZONING RH
PLEASE INDICATE PERSON TO CONTACT FOB FURTHaUNFORMATION OR REFERENCE
PROPERTY OWNER: AODRESS: PHONE:
ATTORNEY: ADDRESS: PHONE:
David r. Poula 4570 Ranid Creek Rd ME Ia Citv 354.,1540
ENGINEER: ADDRESS: 52240-7W PHONE:
OTHER: ADDRESS: .. , PHONE:
TYPE OF APPLICATION INITIAL SUBMITTALS:
1. 9 caples of preliminary plaVplan
REZONING FROM: ,-, 3 · 4 · 10 2. 9 copies of final plaUplan
TO: 0<;_0
SUBDIVISION 3, Location Map
PRELIMINARY PLAT 1 4, Legal Description
I SUBDIVISION 2 · 51 5, 3 copies of legal papers consisting of:
a. Titie opinion
FINAL PLAT
PLANNED DEVELOPMENT b. Statement of County Treasurer
PRELIMINARY PLAN 1 · 3 · 4 · 6 · 9 · 10 c, Statement of Clerk of Court
, d, Statement of County Recorder
PLANNED DEVELOPMENT
FINAL PLAN 2 . 3 · 4 · 6 · 7 · 8 e, Consent to platting by Owner & Spouse
I VACATINGS , 3041 f, Subdivider's Agreement
g, Dedication Documents'
I ANNEXATION 3041 h. Easement Agreements'
I Encumbrance Bond Certificate'
I, Petition to pave abutting streets'
l.O
6, Building design sketchemlevat19Ps
""'c")
7, Landscaping plan ~ =i g '1l
8, C'?-~ I ,-
Addtlonailnformation -: . \D ,,..,..
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a, Statement of Intene;:;; ~ in
b. Evidence of own~ ';;" ';:1
....
c. Description of Dev6l0pmri.rli
d, Intended time schedule for completion
FOR OFFICE USEONL V 9, Additional Reports (as required): '
CASE NUMBER: R6Z 1'1- ODOe.. a, Economic feasibility
FEE PAID:$ ~~ <etMOU~",~ DATE e. '1_ 9-'1 b, Effect of development on surrounding
APPLICATION ACCEPT BY: property
NAME S: ro..r c, Impact of traffic generated by development
DATE Z-9.Q<! on surrounding streets
10, Names and mailing addresses of property
This Is an application form only, Additional owners within 200 feet (may be obtained at City
materials may be required during. Assessor's Olflce)
the review process. " 'varies with each development
ATTACH ADDITIONAL SHEETS IF NECESSARY
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WHITE SHEET: CITY CLERK
YELLOW: PLNG, COMM, DEV
PINK: APPLICANT
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Beginning at a point on the south line of Sheridan Avenue, Iowa City,
102 feet (sometimes referred to as 102.70 feet in the record title)
east of the east line of the West Half (W~) of the Northwest Quarter
(NW~) of Section 14, Township 79 North, Range 6 West of the 5th P.M.;
thence south parallel with the east line of said West Half (W~) of the
Northwest Quartet (NW~) of Section 14, 150 feet; thence east parallel
with the south line of said Sheridan Avenue 50 feet; thence north parallel
with the said east line of the West Half (W~) of the Northwest Quarter
(NW~) of Section 14, ~50 feet to the south line of Sheridan Avenue;
thence west along the south line of said Sheridan Avenue 50 feet to
the place of beginning.
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705 South Summit St.
Iowa City, Iowa
February 23, 1994
Iowa City Planning and Zoning Commission
Mr. Tom Scott, President
Iowa City, Iowa
Deaf Mr. Scott:
In the near, future you will be discussing a request from Mr. Jim
O'Brien for re-zoning of a piece of land located within the former ADS
site, which Mr. O'Brien currently owns.
The Longfellow Neighborhood Association concurs that changing the
parcel's zoning to RS-8 is consistent with the zoning designation of
adjacent neighborhood properties.
We are also aware, that Mr. O'Brien is in the process of putting a
subdivision on the site. We look forward to providing comments on
the subdivision plan at appropriate planning and zoning commission
meetings.
Sincerely,
~~
Cecile Kuenzli
Longfellow Neighborhood Association
ft~tEIVI-D
FEB 24 1994 '
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NOTICE OF PUBLIC HEARING
I
Notice is hereby given that a public hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m. on the 29th day of March,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance amending the Zoning
Ordinance by establishing the Brown Street
G Historic District.
2. An ordinance amending the Zoning
Ordinance by amending the Conditional
Zoning Agreement for Wild prairie Estates,
a 71.05 acre property located north of
Rohret Road.
3. An ordinance amending the Zoning
Ordinance by changing the use regulations
for an approximate 7,500 square foot
parcel of land located in the 1300 block
south of Sheridan Avenue from 1-1 to RS-B.
Copies of the proposed ordinance amend-
ments are on file for public examination in the
office of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
views known for Council consideration are
encouraged to appear at the above-mentioned
time and place.
MARIAN K. KARR, CITY CLERK
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a publiC hearing
will be held by the City Council of Iowa City,
Iowa, at 7:30 p.m, on the 29th day of March,
1994, in the Civic Center Council Chambers,
410 E. Washington Street, Iowa City, Iowa; at
which hearing the Council will consider:
1. An ordinance amending the Zoning
Ordinance by establishing the Brown Street
G Historic District.
2. An ordinance amending the Zoning
Ordinance by amending the Conditional
Zoning Agreement for Wild Prairie Estates,
a 71.05 acre property located north of
Rohret Road.
3. An ordinance amending the Zoning
Ordinance by changing the use regulations
t.or an approximate 7,500 square foot
'parcel of land located in the 1300 block
south of Sheridan Avenue from I- 1 to RS-a.
Copies of the proposed ordinance amend-
ments are on file for public examination in the
office of the City Clerk, Civic Center, Iowa
City, Iowa. Persons wishing to make their
views known for Council consideration are
encouraged to appear at the above-mentioned
time and place.
MARIAN K. KARR, CITY CLERK
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ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO.
93-3577 AND THE ACCOMPANYING
CONDITIONAL ZONING AGREEMENT FOR A
71.05 ACRE TRACT KNOWN AS WILD PRAIRIE
ESTATES, LOCATED NORTH OF ROHRET
ROAD.
WHEREAS, on June 8, 1993, the City
Council epproved' Ordinance No. 93-3577
(hereinafter "Ordinance"). rezoning an
approximately 71.05 acre tract, located north
of Rohret Road between Hunters Run and
Southwest Estates subdivisions, from ID-RS,
Interim Development Single-Family Residential,
to RS-5, Low Density Single-Family Residential;
and
WHEREAS, said Ordinance authorized
execution of a Conditional Zoning Agreement
between the City of Iowa City and Kennedy-
Hilgenberg Enterprises ("Owner"l, which
Agreement limited development of the subject
property; and
WHEREAS, Condition 4.c. set forth in the
Conditional Zoning Agreement, recorded on
June 11, 1993, in Book 1559, Page 103 of the
Johnson County Recorder's Office provides:
"No building permits for lots on the property
described above will be issued until the
upgrade of the Westside Trunk Sewer is
completed"; and
WHEREAS, conditions subsequently placed
on adjacent subdivisions provided that the City
would not issue building permits until the City
awarded the contract for the construction of
the upgrade rather than completion of the
Westside Trunk Sewer; and
WHEREAS, at its February 17, 1994,
meeting, the Planning and Zoning Commission
recommended approval of the proposed
amendment'to Section 4.c. of the Conditional
Zoning Agreement between the City and the
Developer; and
WHEREAS, the City and Owner now wish to
amend to original Ordinance and Conditional
Zoning Agreement to make this agreement
consistent with conditions placed on other
developments.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I. Ordinance No. 93-3677 and the
accompanying Conditional Zoning Agreement
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Ordinance No.
Page 2
are amended by deleting Section 4.c. of the
Agreement in its entirety and adopting, in lieu
thereof, the following:
c. No building permits for lots on the
property described above will be issued
until the City of Iowa City awards the
contract to construct the Wests ide Trunk
Sewer upgrade.
SECTION II. CERTIFICATION AND
RECORDING, The Mayor is hareby authorized
and directed to sign, and the City Clerk to
attest the Amended Cond,itional Zoning
Agreement between the City and the property
owners and to certify a copy of this Ordinance
and Amended Conditional Zoning Agreement
for recordation in the Johnson County
Recorder's Office, up~n final passage and
publication as provided by law. The Ordinance
and Amended Conditional Zoning Agreement
shall be recorded in the Johnson County
Recorder's Office at the City's expense.
SECTION III. REPEALER. All ordinances and
parts of ordinances in conflict with the
provisions of this Ordinance are hereby
repealed.
SECTION IV. 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 V. EFFECTIVE DATE. This
Ordinance shell be in effect after its final
passage, approval and publication, as provided
by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Approved by
~CLv.J.o~ r:Ji$(J1 ~
City Attorney's Office '
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AMENDED CONDITIONAL ZONING AGREEMENT
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This Agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation
(hereinafter "the City") and Kennedy-Hilgenberg Enterprises (hereinafter "Owner"j.
WHEREAS, Owner is legal title holder of property located north of Rohret Road between
Hunters Run and Southwest Estates subdivisions, known as Wild Prairie Estates, and legally
described on Exhibit A attached hereto; and
WHEREAS, on June 8, 1993, the City Council of Iowa City approved Ordinance No. 93-3577
(hereinafter "Ordinance") rezoning the approximate 71.05 acre tract of property, known as
Wild Prairie Estates, from ID-RS, Interim Development Single-Family Residential, to RS-5, low
Density Single-Family Residential; and
WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement between
the City and the Owner which limited development of the property; and
WHEREAS, said Ordinance and Agreement were recorded on June 11, 1993, in Book 1559,
Page 103 of the Johnson County Recorder's Office; and
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WHEREAS, Condition 4.c. set forth in the Agreement provides: "No building permits for lots
on the property described above will be issued until the upgrade of the Wests ide Trunk Sewer
is complete; and ~
WHEREAS, conditions subsequently placed on adjacent subdivisions provided that the City
would not issue building permits until the City awarded the contract for the construction of
the upgrade rather than completion of the Westside Trunk Sewer; and
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WHEREAS, the City and Owner now wish to amend the Conditional Zoning Agreement to
make conditions relating to the issuance of building permits consistent for all developments
in the area.
NOW, THEREFORE, THE CITY AND DEVELOPER AGREE AS FOllOWS:
1. The City and Owner acknowledge that Condition 4.c. of the original Conditional Zoning
Agreement is more restrictive than conditions placed on adjacent subdivisions, Hunters
Run and Southwest Estates.
2. The City and Owner now wish to amend the original Conditional Zoning Agreement for
Wild Prairie Estates so that it is consistent with conditions placed on those adjacent
subdivisions.
3.
The original Conditional Zoning Agreement dated June 8, 1993, and recorded in Book
1559, Page 103 of the Johnson County Recorder's Office shall be and is hereby
amended by deleting Section 4.c. of said Agreement in its entirety and inserting, in lieu
thereof, the following:
c.
No building permits for lots on the above described property will be issued until
the City of Iowa City awards the contract for construction of the Westside
Trunk Sewer Upgrade.
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4.
The City and Owner acknowledge that the conditions contained herein are reasonable
conditions to impose on the land under Iowa Code ~414.5 (1993) and are appropriate
conditions required to protect the public safety of both the residents in the area and
the community.
5. Owner acknowledges that in the event the subject property is transferred, sold,
redeveloped, or subdivided, all redevelopment will conform with the terms of this
Agreement.
6. The City and Owner acknowledge that this Amended Conditional Zoning Agreement
shall be deemed to be a covenant running with the land and with the title to the land
and shall remain in full force and effect as a covenant running with the title to the land,
unless or until released of record by the City. The City and Owner further
acknowledge that this Agreement shall inure to the benefit of and bind all ,successors,
representatives and assigns of the City and Owner.
7. Nothing in this Agreement shall be construed to relieve the Owner from complying with
all applicable local, state and federal regulations.
8. Nothing in this Amended Conditional Zoning Agreement in any way alters, amends or
modifies the original Conditional Zoning Agreement except as set forth above.
9. The City and Owner agree that the City shall record this Amended Conditional Zoning
Agreement in the Johnson County Recorder's Office.
Dated this _ day of
, 1994.
KENNEDY-HILGENBERG ENTERPRISES
CITY OF IOWA CITY
By
By
Susan M. Horowitz, Mayor
Jerry Hilgenberg
By
Attest
Marian K. Karr, City Clerk
J.R. Kennedy
Approved by:
City Attorney's Office
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STATE OF IOWA
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JOHNSON COUNTY
On this day of , 19 , before me,
, a Notary Public in and for the State of Iowa, personally
appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in (Ordinance) (Resolution) No.
passed (the Resolution adopted) by the City Council, under Roll Call No. of the
City Council on the day of , 19 , and that Susan M.
Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary, act and deed of the corporation, by it voluntarily
executed.
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Notary Public in and for the State of Iowa
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
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On this _ day of , 1993, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared and
, to me personally known, who being by me duly sworn did say
that they are the and , respectively, of the
corporation executing the within and foregoing instrument, that no seal has been procured by
the corporation; that said instrument was signed on behalf of the corporation by authority of
its Board of Directors; and that _____________________________ and
as officers acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily
executed.
.\:
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Notary Public in and for the State of Iowa
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EXHIBIT A
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Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of
the Fifth Principal Meridian; thence N 00053'42"E, 374,89 feet along the west line of the
Southwest Quarter of said Section 18 to a point on the centerline of Rohret Road and the
point of beginning. Thence NOo053'42"E, 2265.59 feet along said west line, said line also
being t~e easterly line of Southwest Estates, Parts 1 through 4, to the Northwest Corner of
the Southwest Quarter of said Section 18; thence N01 006'12"E, 616.40 feet along the west
line of the Northwest Quarter of said Section 18; thence S890 23'40"E, 1541.02 feet; thence
SOoo 19'07"W, 595.28 feet to a point on the north line of Hunter's Run Subdivision; thence
S89 047'32 "W, 223.35 feet to the Northwesterly Corner of Hunter's Run Subdivision; thence
S01 023'49"W, along the west line of Hunter's Run Subdivision 1961.15 feettoa point on
the centerline of Rohret Road; thence S77002'16"W, along said centerline 1197.92 feet;
thence southwesterly 152.43 feet along said centerline on a 1910.00 foot radius curve,
concave southeasterly, whose 152.36 foot chord bears S74045'07"W to the point of
beginning. Said tract of land contains 85,3 acres, more or less, and is subject to easements
and restrictions of record, and excluding the following:
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Commencing at the Southwest Corner of Section 18, Township 79 North, Range 6 West of
the Fifth Principal Meridian, thence NOo053'42"E, along the west line of the Southwest
Quarter 374.89 feet to a point on the centerline of Rohret Road; thence Northeasterly 152.43
feet, along said centerline on a 1910,00 foot radius curve, concave southeasterly, whose
152.36 foot chord bears N74045'07"E; thence N77002'16"E, 221.44 feet along said
centerline to the point of beginning; thence N12057'44"W, 135.39 feet; thence
N020 17'44"W, 160.43 feet; thence NOo053'42"E, 749.06 feet along a line parallel with the
west line of the Southwest Quarter; thence S89031'OO"E, 675.85 feet; thence
S01023'49"W, 412.19 feet; thence S24008'31"W, 147.59 feet; thence S13013'45"W,
1 09.04 feet; thence S01 042'03"E, 1 09.1 0 feet; thence S12037'44"E, 141.231 feet to a
point on the centerline of Rohret Road; thence S77002'16"W, 606.75 feet along said
centerline to the point of beginning. Said tract of land contains 14.25 acres, more or less,
and is subject to easements and restrictions of record.
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City of Iowa City
MEMORANDUM
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Date: February 10, 1994
To: Planning and Zoning Commission
From: Charles Denney, Associate Planner
Re: Amendment of the Conditional Zoning Agreement for Wild Prairie Estates
BACKGROUND INFORMATION:
On June 9, 1993 the City Council approved the conditional rezoning of the subject tract. The
Conditional Zoning Agreement (CZA) included a condition that no building permits for lots on
the above described property will be issued until the upgrade of the Westside Trunk Sewer
is completed. In May, 1993 the Council approved final plats for two subdivisions adjacent
to the subject property which contained a condition stating that no building permits will be
issued until the City awards the contract to construct the Westside Trunk Sewer upgrade.
ANALYSIS:
When considering the rezoning of the subject parcel the Planning and Zoning Commission
recommended that the condition limiting building permits until the sewer upgrade was
completed be included in the CZA. Subsequent to this recommendation the City Engineer
recommended that a condition prohibiting the issuance of building permits until the contract
for the sewer upgrade is awarded be placed on the previously mentioned subdivisions. This
recommendation was based on the idea that construction of the sewer upgrade could occur
simultaneously with construction of homes within the subdivisions so that sewer capacity
would be available when construction the homes were completed,
In the interest of treating similar properties in a similar fashion, staff recommends that the
CZA for the subject property be amended so that it is consistent with the condition placed on
the adjacent subdivisions. The CZA should be amended as follows:
4.C. No building permits for lots on the property described above will be issued until the
City of Iowa City awards the contract to construct the Wests ide Trunk Sewer upgrade.
STAFF RECOMMENDATION:
Staff recommends that the Conditional Zoning Agreement be amended.
ATTACHMENTS:
1. Location Map.
Approved by:
MtttJL
Mon' a Moen, Senior Planner
Department of Planning and
Community Development
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LoeA liON MAP
REZ94-003
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HUNTERS
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NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATED COST FOR '.r
IOWA CITY SENIOR CENTER
EXTERIOR REPAIR
IN THE CllY OF IOWA CllY, IOWA ' '
1994
TO ALL TAXPAYERS OF THE CllY OF IOWA
CllY, IOWA, AND TO OTHER PERSONS iN-
TERESTED: ,
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Public notice is hereby given that the City I
Council of the City of 19wa City, Iowa, will con- ,
duct a public hearing on plans, specifications,
form of contract and estimated cost for the con-
struction of the Iowa City Senior Center, Exterior
Repair, in said City at 7:30 p,m, on the 29th day
of March, 1994, said meeting' to be held in the
Council Chambers in the Civic Center in said
City.
Said plans, specifications, form of contract
and estimated cost are now on file in the office
of the City Clerk in the Civic Center in Iowa City,
'. Iowa, and may be inspected by any interested "
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persons, €i)
Any interested persons may appear at said " ..
meeting of the City Council for the purpose of .,'i '.\,
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, making objections to and comments concerning "
,
---1 said plans, specifications, contract or the cost of
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I making said improvement. This notice is given
l by order of the City Council of the City of Iowa
,
i~ City, Iowa and as provided by law,
.,\ MARIAN K. KARR, CITY CLERK
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NOTICE OF PUBLIC HEARING'
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City of
Iowa City, Iowa, will conduct a public hearing on
the City's FY95 Iowa DOT State Transit
Assistance grant application. The application will
be for approximately $193,723 in state formula
funds and $12,500 in Special Project funds to be
used in operating and/or purchasing capital items
for Iowa City Transit during FY95. Said
application will also include a listing of projects to
be applied for in FY95 from the FTA Section 9,
Section 3 program and/or the Congestion
Mitigation and Air Quality Program (CMAQ). The
FTA Section 9 program provides federal funds to
be used for the operating and capital needs of
Iowa City Transit. Section 3 is a discretionary
capital funding program. Section 9 and/or
Section 3 projects and CMAQ projects to be
applied for in FY95 include (federal share):
1. Operating assistance - approximately
$298,214
2. Replace 10 . 40' heavy duty buses -
$1,B27,500
3. Replace phone system - $9,600
4. Purchase 5 passenger shelters (expansion)-
$22,5B5
5. Replace computer system. $20,000
TOTAL FEDERAL FUNDS = $2,177,B99
Additional projects may be added before the
public hearing is held,
The public hearing will be held at 7:30 p.m, on
March 29, 1994, in the Council Chambers of the
Iowa City Civic Center, 410 E, Washington
Street, Iowa City,
A preliminary application will be on file March
B, 1994, at the JCCOG Transportation Planning
Division Office, Iowa City Civic Center, 410 E.
Washington Street, Iowa City, and may be
inspected by interested persons, Any questions
or comments regarding the application, the
projects, or the public hearing, should be directed
to Kevin Doyle, JCCOG Assistant Transportation
Planner (319.356-5253).
These projects will not have significant
detrimental environmental effect on the area and
no persons or businesses will be displaced by
these activities. The projects are in conformance
with the JCCOG Transit Plan for the Iowa City
Urbanized Area.
Any interested persons may appear at the
public hearing for the purpose of making
objections or comments. This nollce Is given by
the City Council of the City of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
CITY OF IOWA CITY, IOWA
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NOTICE OF PUBLIC HEARING>
TO ALL TAXPAYERS OFTHE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City of
Iowa City, Iowa, will conduct a public hearing on
the City's FY95 Iowa DOT State Transit
Assistance grant application. The application will
be for approximately $193,723 in state formula
funds and $12,500 in Special' Project funds to be
used in operating and/or purchasing capital items
for Iowa City Transit during FY95. Said
application will also include a listing of projects to
be applied for in FY95 from the FT A Section 9,
Section 3 program and/or the Congestion
Mitigation and Air Quality Program (CMAQ), The
FT A Section 9 program provides federal funds to
be used for the operating and capital needs of
Iowa City Transit. Section 3 is a discretionary
capital funding program. Section 9 and/or
Section 3 projects and CMAQ projects to be
applied for in FY95 include (federal share):
1. Operating assistance - approximately
$298,214
2. Replace 10 . 40' heavy duty buses -
$1,827,500
3, Replace phone system - $9,600
4. Purchase 5 passenger shelters (expansion) -
$22,585
5. Replace computer system. $20,000
TOTAL FEDERAL FUNDS = $2,177,899
Additional projects may be added before the
pUblic hearing is held.
The public hearing will be held at 7:30 p.m. on
March 29, 1994, in the Council Chambers of the
Iowa City Civic Center, 410 E, Washington
Street, Iowa City.
A preliminary application will be on file March
8, 1994, at the JCCOG Transportation Planning
Division Office, Iowa City Civic Center, 410 E.
Washington Street, Iowa City, and may be
inspected by interested persons, Any questions
or comments regarding the application, the
projects, or the public hearing, should be directed
to Kevin Doyle, JCCOG Assistant Transportation
Planner (319.356-5253).
These projects will not have significant
detrimental environmental effect on the area and
no persons or businesses will be displaced by
these activities. The projects are in conformance
with the JCCOG Transit Plan for the Iowa City
Urbanized Area.
Any interested persons may appear at the
public hearing for the purpose of making
objections or comments. This notice 15 given by
the City Council of the City of Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK
CITY OF IOWA CITY, IOWA
jccogtplfy95staUCT,nph
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NOTICE OF MEETING OF THE COUNCIL OF
THE CITY OF IOWA CITY, IOWA, ON THE
MATTER OF THE PROPOSED ISSUANCE OF
$6,940,000 GENERAL OBLIGATION BONOS
(FOR AN ESSENTIAL CORPORATE PURPOSE)
OF SAID CITY, AND THE HEARING ON THE
ISSUANCE THEREOF.
PUBLIC NOTICE is hereby given that the
Council of the City of Iowa City, Iowa, will hold a
public hearing on the 29th day of March, 1994, at
7:30 o'clock p,m" in the Council Chambers, Civic
Center, 410 E. Washington Street, Iowa City,
, Iowa, at which meeting the Council proposes to
take additional action for the issuance of
$6,940,000 General Obligation Bonds for an
essential corporate purpose of said City, in order
to provide funds to pay costs of the construction,
reconstruction and repairing of street improve-
ments; the construction, reconstruction, exten-
sion, improvement and equipping of storm and
sanitary sewers, including sewage treatment plant
improvements and construction of storm water
detention facilities; the acquisition, construction,
reconstruction, improvement, repair and equip-
ping of waterworks and extensions, and real and
personal property, useful for providing potable
water to city residents, including water treatment
plant acquisition and design; and the rehabilita-
tion and improvement of eXisting city parks.
Atthe above meeting the Council shall receive
oral or written objections from any resident or
property owner of said City, to the above action.
After all objections have been received and
considered, the Council will at this meeting or at
any adjournment thereof, take additional action
for the issuance of said bonds or will abandon
the proposal to issue said bonds.
This notice is given by the order of the Council
of Iowa City, Iowa, as provided by Section 384,25
of the City Code of Iowa,
Dated this 14th day of March, 1994.
~A() .J! ~~
ity Clerk of Iowa City, Iowa
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Mary Lewis
13r allt Wo:.od 1\lei ghbo:.r hc.c,d Assoc.
56 Hegal Lane
Iowa City, IA 52240
March 28, 1'394
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Mayo:.r Horowitz and The Iowa City City Council
Civic Center
410 E. Washington Street
Iowa City, IA 52240
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Dear Mayor Ho:.rowitz and City Council Members,
':,~'
The Grant Woo:.d Neiahborhood Asso:.ciation would like to express its
support fc,r the Issuance of 13eneral Obi igati':'n B,:,nds to:.
facilitate the co:.mpletio:.n o:.f several pro:.jects including the
Whispering Meado:.ws Wetlands project.
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This project will provide o:.LW neighborhoo:.d and the City with an
e~;ci ting and new f,:,rm ,:,f open space. While still a pL\blic arecl,
we will be able to view many different forms of wild life and
plant life in a natural setting.
I understand, after speaking with Terry Trueblood, the project
is expected to be completed this year. Hopefully, in the future
the Neighborhood Asso:.ciation will be able to coordinate so:.me
projects with Mr. Trueblood that will enhance the area.
J(~
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Sincerely,
~~
Mary Lewis
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