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HomeMy WebLinkAbout2015-01-20 Ordinance-04-40-15 o�,6 5a Prepared by: Ashley Zitzner, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. ORDINANCE TO DESIGNATE PROPERTIES LOCATED AT 608 and 610 S. DUBUQUE STREET AS LOCAL HISTORIC LANDMARKS. (REZ14-00024) WHEREAS, the applicant, the Friends of Historic Preservation, have requested Historic Landmark designation for properties located at 608, 610 and 614 S Dubuque St; and WHEREAS, the properties are located in the Central Crossings District of the Downtown and Riverfront Crossings Master Plan, which identifies a goal of preservation of the structures at 608, 610, and 614 S Dubuque St; and WHEREAS, the property owner, Theo Resources LLC, has filed a `Protest of Rezoning' petition indicating the property owner is against the rezoning for Historic Landmark designation; and WHEREAS, the Historic Preservation Commission has reviewed the proposed rezoning and Historic Landmark designation and has recommended approval; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and Historic Landmark designation and has recommended approval; and WHEREAS, subsequent to the Planning and Zoning Commission review of the proposed Historic Landmark designation, the structure at 614 S Dubuque St has been demolished and the property at 614 S Dubuque St no longer qualifies as a Historic Landmark. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I HISTORIC LANDMARK APPROVAL. Properties described below are hereby designated as local historic landmarks: 608 S Dubuque St: THE SOUTH 30 AND W OF LOT 8 BLOCK 10 OF COUNTY SEAT ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA 610 S Dubuque St: THE NORTH 40' OF LOT 7 BLOCK 10 OF COUNTY SEAT ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR ATTEST: CITY CLERK App�4ved by fit , A rney's Z5f ice 1 Z h� f Prepared by: Ashley Zitzner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 ORDINANCE NO. ORDINANCE TO DESIGNATE PROPERTIES LOCATED AT 608 and 610 S. DUBUQUE STREET AS LOCAL HISTORIC LANDMARKS. (REZ14-00024) WHEREAS, the applicant, the Friends of H' ric Preservation, designation for properties located at 608, 610 a 614 S Dubuque St; an WHEREAS, the properties are located i he Central Crossings Dis Crossings Master Plan, which identifies goal of preservation of the Dubuque St; and WHEREAS, the property owner Theo Resources LLC, has fi indicating the property owner is again t the rezoning for Historic Land WHEREAS, the Historic Prese ation Commission has review Landmark designation and has reco mended approval; and WHEREAS, the Planning and oning Commission has revi ed Landmark designation and has reco mended approval; and requested Historic Landmark ict of the Downtown and Riverfront Is tructures at 608, 610, and 614 S )d a 'Protest of Rezoning' petition rk designation; and the proposed rezoning and Historic the proposed rezoning and Historic WHEREAS, subsequent to th Planning and Zoning Co mission review of the proposed Historic Landmark designation, the structure t 614 S Dubuque St ha been demolished and the property at 614 S Dubuque St no longer qualifies as a H toric Landmark. NOW, THEREFORE, BE IT ORDAINE BY THE CITY COU CIL OF THE CITY OF IOWA CITY, IOWA: SECTION I HISTORIC LANDMARK APPROV AL.erties described below are hereby designated as local historic landmarks: 608 S Dubuque St: THE SO H 3/2'OF LOT 8 BLOCK 10 OF COUNTY SEAT ADDITION, IOWA CITY, JOH SONTY, IOWA 610 S Dubuque St: THE NORT OF LOT 7 BLOCK 10 OF COUNTY SEAT ADDITION, IOWA CITY, JOHNSON COU Y, OWA SECTION II. ZONING MAP. The Build' g Inspect is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, conform to is amendment upon the final passage, approval and publication of this ordinance by law. SECTION Ill. CERTIFICATION AIS City Clerk is hereby authorized and dire office of the County Recorder of Johnso SECTION IV. REPEALER. All ord Ordinance are hereby repealed. SECTION V. SEVERABILITY. If invalid or unconstitutional, such adjudi section, provision or part thereof not j publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office ECORDING. Up passage and approval of the Ordinance, the d to certify a copy o his ordinance and to record the same, at the County, Iowa, at the o er's expense, all as provided by law. ances and parts of ordin nces in conflict with the provisions of this y section, provision or part o he Ordinance shall be adjudged to be cation shall not affect the validi of the Ordinance as a whole or any udged invalid or unconstitutional. \ This Ordinance shall be in effect after its final passage, awoval and IV 7� s� Marian Karr From: Alicia Trimble <alicia@ic-fhp.org> Sent: Tuesday, January 20, 2015 10:56 AM To: alicia@ic-fhp.org Subject: Dubuque Street Named " Most Endangered" Attachments: mostendangeredpressrelease. pdf Hi All, Please see the attached Press Release. The Cottages located at 608 and 610 South Dubuque Street have been named to Preservation Iowa's Iowa's Most Endangered Properties list. Thanks, Alicia Alicia Trimble Executive Director Friends of Historic Preservation I Salvage Barn 319.351.1875 1 alicianic-fhp.org www.ic-fhp.org I www.salvaizebam.org Preserving the Past While Building the Future FOR IMMEDIATE RELEASE Information: A. Trimble 319-331-5113 alicia@ic-fhp.org Dubuque Street Cottages Named "Most Endangered" Statewide Preservation Organization Announces January 20, 2015 IOWA CITY, IOWA Late on the day on January 19th, 2015 Preservation Iowa, the statewide historic preservation organization and official partner to the National Trust for Historic Preservation, named the Cottages on South Dubuque as one of the most endangered properties in the state of Iowa. Iowa's Most Endangered Properties began in 1995 to show Iowans the special buildings and historic sites that are slowly and gradually slipping away from us. The program provides an excellent resource for the introduction of endangered property owners to preservation advocates and resources that can help preserve their historic property. Each year a call for nominations is placed and a panel of judges considers four criteria in choosing the final list: geographic distribution, historic significance, nature of the threat, and variety of building type. Historically, these three cottages were part of Iowa City's first working class neighborhood, which arose south of downtown after the railroad came in 1856. Early city directories of Iowa City list people in this neighborhood being involved in working class trades, including as teamsters, railroad workers, blacksmiths, carpenters, laborers, as well as retired farmers and a number of widows. Many of those who lived in the area were also immigrants. No documentation has been found indicating the exact construction dates of the cottages but it is likely the cottages were built sometime after 1859. All three do appear to have owner occupants by 1873. The three cottages, one of which has been demolished since the nomination, are similarly located, constructed, and decorated and were likely built by the same person. Built in a single story, banked, gable front subtype in the popular Greek Revival -style configuration, they are particularly well adapted to narrow urban lots and are similar to vernacular buildings constructed across the Midwest from the 1820s to 1870s. Their one story front -gabled substyle is considered rare. Research indicates that the brick masonry was likely laid by German masons and the hand -struck bricks locally produced. The wooden trim and mortar were also probably produced locally. The cottages are also connected to the literary history of Iowa City. 610 South Dubuque Street was purchased in 1977 by Jim Mulac, a founding member of the Actualist Poetry movement, which is the only literary movement to have its roots in North America. A structural engineer visited the site in November 2014 and found that the structures are in good shape with some deferred maintenance needed. The cottages are currently in danger of demolition to make way for new development. Supporters of the preservation of the cottages have officially requested that the remaining cottages be named Local Historic Landmarks. That process is currently underway. Friends of Historic Preservation has been active in Iowa City, Iowa since 1975 when its founding members helped save "Old Brick" from demolition. In 2007, Friends was recognized by the National Trust for Historic Preservation with a national Preservation Honor Award for the massive recovery effort after the April 3, 2006 Tornado. FHP has invested in the community with both volunteer labor and funds to restore the Englert Theatre, purchased endangered homes in historic neighborhoods to restore and return to the community as single family residences, and many times stood with other citizens and groups to save endangered structures like the Carnegie Library, Tate Arms House, and the Weatherby House. In addition, FHP operates the Salvage Barn, an architectural salvage warehouse in cooperation with the City of Iowa City at the East Side Recycling Center as part of its comment to sustainability. Marian Karr From: council@iowa-city.org Sent: Monday, January 19, 2015 7:06 PM To: Council Subject: Cottages Form Submission New Form Submission Name: Joseph Pettit Email: 93 enterx2obang_ggmail.com Message:To the City Council: The past two months have been a whirlwind of activity and full of drama as the future of the Dubuque Street cottages has been fought over. Now, as what looks to be the final public hearing nears, I urge you to designate the remaining two cottages as local historical landmarks. Voting to designate the remaining cottages is a prudent idea considering their indisputable historic nature as cottages built in the early years of Iowa City for workers' families in the Railroad District. Voting in favor of the designation would also preserve one of the key sites of the Actualist poetry movement in the 1970s--610 S. Dubuque Street, currently Suzy's Antiques and Gifts --intact, and keep a bookstore with nearly thirty years of history in operation. Preservation of these cottages would also ensure, for the time being, that a small community that has developed around the businesses and the proprietors of the 600 block of South Dubuque Street would continue to exist, and that businesses that might never exist anywhere else would remain for a while longer. There have been arguments made for the demolition of these cottages, of course. VJ Engineering, Ted and Kelsey Pacha, Mr. Hodge, and attorneys attached to these parties have attested that these buildings are unsafe and must be torn down. I do not believe that the arguments have addressed the historic nature of the cottages, however, if my memory serves me. What they do not seem to understand is that a historic structure can be preserved, and that people will gladly pool their funds to sponsor repairs. These individuals have also argued that blocking development by preventing the demolition of the cottages would be a loss to the city due to the loss of potential tax revenues generated from new development. I do not dispute that point, but I will state that there are still many years and places to develop in Iowa City that would eventually make up for the loss of tax revenue here. The Riverfront Crossings plan is still in motion, and changes to city policies or codes (or even a vote to increase sales or other taxes, however unpopular it would be) can still occur. I know that this decision will not be taken well by some residents of Iowa City. Ted Pacha, the owner of the properties, might stand to lose money off selling the property for redevelopment by Hodge Construction, and Hodge Construction would lose the chance to build a mixed-use retail/apartment building on the block. This would not be the end of the world for Ted or Mr. Hodge, however; Hodge Construction would still own rental properties in Iowa City, keep its current leases, and will undoubtedly have more opportunities to build as a contractor. There will be many losses if these cottages are not given a historic designation. Foremost is that these cottages will be demolished, and that Iowa City will lose a little more of its charm that continues to attract people to study or live here. The effects would go on from there, however. A pair of niche businesses, each owned by somebody who genuinely cares about their community, will be driven out and perhaps destroyed; one man might very well lose his erstwhile home. People from around the country and state who come to Iowa City just for The Book Shop or Suzy's Antiques and Gifts would no longer have a reason to return here. A site that belongs to a literary movement birthed in Iowa City --formerly the Poetry City, now the City of Literature --will be lost, along with a bookshop that has existed for twenty-nine years. Faith in the City Council to "do the right thing" and follow the guidelines of the city's comprehensive plan would be lost, and many other residents would take this loss to mean that money, connections to the Council, and developers will always win in this city. And what would we gain? An apartment building for students (probably with relatively high rent), a few retail spaces that may be hard to fill and will likely hold shops catering to students, and a little more tax revenue. I urge all members of the City Council to vote in favor of the historical designation of these cottages. Form submitted from website: ic-fhp.org Visitor IP address: 70.56.250.176 .W-- 5� Marian Karr From: council@iowa-city.org Sent: Monday, January 19, 2015 3:54 PM To: Council Subject: Cottages Form Submission New Form Submission Name: Michael Chamberlain Email: ccskthebrokenspoke.com Message: City Council members, I write to you encouraging that you follow through with the Historic Preservation Commission's unanimous vote to deem the Dubuque Street Cottages as historic landmarks. As you well know, the Planning & Zoning Commission followed with a similar unanimous vote agreeing with the HPC. It has also even gotten approved attention at the state level. If you vote against designating the cottages as historic landmarks, you will have turned your back on these official commissions along with the local small businesses & the many citizens of Iowa City who have expressed great concern for preserving these historic buildings. Your vote against historic landmark status would only clearly show your interest in continuing to sell out this City to cash in at any price. Property owner rights are only expressed as paramount when it aides the agenda of a City Council with dollar signs in its eyes. Oddly enough, at the same time the cottages are at risk, North Liberty is showing the opposite of caring for property owner rights with trying to run a sewer line through Gary Weinman's property for the Liberty High School. Do not let the legacy this council leaves behind be one of remembered resentment. Thank you... Michael Chamberlain Form submitted from website: ic-fhp.org Visitor IP address: 173.29.130.22 Marian Karr From: dhannen@dracovolans.com Sent: Monday, January 19, 2015 1:20 PM To: Council Subject: Save the Cottages Dear City Council Members: Once again, I want to urge you to vote for the preservation of the unique nineteenth-century workman's cottages on the 600 block of Dubuque Street. The thing that sets Iowa City apart from all the other mid-sized midwestern cities is our cultural heritage. We can't afford to lose it. One of those cottages has already been demolished. This is our last chance to save part of history. Sincerely, Deborah Hannen. Marian Karr From: council@iowa-city.org Sent: Tuesday, January 20, 2015 9:48 AM To: Council Subject: Cottages on Dubuque Submission New Form Submission Name: John Heck Email: heckna,volny.cz Message:The cottages have a lot of charm and are a physical connection to the historical past of the city. Without the old buggers, this particular neighborhood around our train depot would lose much of it's character. With imagination, city growth and development can progress without violating expectations dwellers have of maintaining aesthetics and function of the place we live and work. Thank you for your time and attention. Form submitted from website: www.salvagebam.org Visitor IP address: 173.28.94.100 Marian Karr From: Charlie McGuire <cmcguire08@gmail.com> Sent: Tuesday, January 20, 2015 12:24 PM To: Council Subject: Cottages public forum As I am unable to attend a public forum on the "Cottages" issue, my opinion is that Mr Pacha should be able to do what he wishes with his property within the City zoning guidelines for that area. If others want to "preserve" the old cottages, they can raise money and pay to move them to property they own within City zoning guidelines. Thanks, Charlie McGuire Iowa City ��� rn�nrcox�wsroo oovmwon IOWA �m ----''-''--'-' KIM REYNOLDS, LT. GOVERNOR � ������ . .�v��ov�omm�nnn onnn�� wAevoowm/E. ompcnon Cxnmxn«mcn.osponDIRECTOR ARTS December 24, 2014 C0 U NC|[ ---—-' Mr. Robertw1ikko Senior Planner PRODUCE City ofIowa City 10yVA 410 East Washington Street Iowa City, Iowa 52240-1826 Sincerely, Paula & Mohr, Ph.D. Architectural Historian Certified Local Governments Coordinator STATE HISTORICAL BUILDING ~onns LOCUST S' ^ DES womcs,msua*` puszmszz1`cuouexurm/psonc Dear Mr. KNN4 10 "Al '' ---—-' Thank you for sending the landmark nomination for 60O 61land 614South Dubuque Street to our office for review and comment. VVehave reviewed the documentation for these buildings SJ'A'f E HIS|WAHAL and concur that they are eligible for landmark designation under Title 14 of Iowa City's City Code. NIUS)FAW, O[!0VV`& ~''^ These brick buildings represent an important vernacular form that combines classicism with picturesque architecture, the latter of which became popular beginning in the mid -nineteenth century. Specifically, the overall form with its gable front is a reference to a Greek Revival "i']Aif.- HISTORICAL temple front as is the deep frieze board at the gables. The picturesque details are the decorative 11BRARY"'. ARCHIVES Italianate brackets and the asymmetrical door placement. Whoever was responsible for constructing these buildings was aware of prevailing architectural trends and created a design that had stylish details but was also economical. Aasuch, these buildings represent atype nf X|�T rental housing that usually does not survive. These buildings, because oftheir architectural HISTORIC de»ignandthesocio'economiopupu}ationforvvhichtheywerebui|t,teUanimportantstory S iT[ IS about Iowa City's history and architecture in the nineteenth century (Criterion A). While not without alterations, the buildings retain good to very good integrity in the aspects of location, design, setting, materials, and workmanship and certainly their nineteenth-century builder and IJ H' the families who lived there originally would recognize them if they were to come back to life (Criterion 8). These buildings also stand as examples of the growth and development of Iowa OF[rF!�V�\ City following the Civil War (Criterion C). Finally, the buildings possess distinctive characteristics asdescribed above that make them good examples ofhousing from the post -Civil War period (Criterion E). In closing, these three buildings represent an important and rare building type and the fact that F 4 )UN 0 T1O1� three nfthese buildings survive inarow only elevates their significance. Thank you again for giving usthe opportunity toreview this landmark nomination. Sincerely, Paula & Mohr, Ph.D. Architectural Historian Certified Local Governments Coordinator STATE HISTORICAL BUILDING ~onns LOCUST S' ^ DES womcs,msua*` puszmszz1`cuouexurm/psonc CITY OF IOWA CITY MEMORANDUM Date: December 12, 2014 To: Planning and Zoning Commission From: John Yapp, Development Services Coordinator Re: Designation of at 608, 610, and 614 South Dubuque Street as local Historic Landmarks Background: Alicia Trimble, Executive Director of Friends of Historic Preservation, has requested that the properties at 608, 610, and 614 South Dubuque Street be designated as Iowa City Historic Landmarks. The enclosed Iowa Site Inventory Form provides a detailed discussion of the buildings' history and architecture. Indications are that the buildings were built ca. 1868. These cottages were originally constructed as worker housing. More recently they have functioned as commercial spaces including a book shop, an antiques store, and a Kung Fu Academy. Historic Preservation Commission Review: The Iowa City Historic Preservation Commission met on December 11, 2014 and conducted a public hearing where they reviewed and evaluated the historic significance of the properties. The Commission determined that the properties meet the requirements for landmark designation and voted 9-0 to recommend approval of the designation of 608, 610, and 614 South Dubuque Street as Iowa City Historic Landmarks. If approved by the City Council, designation of the properties as Iowa City Historic Landmarks will require Historic Preservation Commission approval of any significant changes to the exterior of the buildings. Landmark status will also make the properties eligible for transfer of development rights according to the Riverfront Crossings Form Based Code, and special exceptions that would allow the Board of Adjustment to waive or modify certain zoning requirements. Planning and Zoning Commission Review: Landmark Designation is a zoning overlay and therefore requires a recommendation to the City Council from the Planning and Zoning Commission. The Commission's role is to review the proposed designation based on its relation to the Comprehensive Plan and proposed public improvements and plans for renewal of the area involved. The Downtown & Riverfront Crossings Master Plan of the Comprehensive Plan applies to this proposal. Referring to the cottages, as well as other historic buildings in the area, page 9 of the Plan states: Built Form Cities contain a number of physical features, including buildings, streets, and utilities. Combined, these help define a community's built form. In order to develop a greater understanding of the Study Area's urban fabric, a figure ground diagram was created for the Study Area. This diagram shades in all building footprints, and is useful in order to gain a greater understanding of an area's built form. The analysis identifies not only the location and density of the existing development pattern, but also identifies buildings of historic value. In particular, key historic buildings, contributing historic buildings, and potential buildings of historic significance are identified. These buildings provide character and ambiance to the Study Area, and as such are important to identify and take measures to actively protect. This diagram should be utilized to help determine where infill development should, and should not occur, and identify properties that could December 12, 2014 Page 2 receive density bonuses in return for the protection of adjacent, or nearby, historic structures. Beginning on page 51 the Plan discusses development opportunities throughout the subdistricts of Downtown and Riverfront Crossings. The introduction to the chapter states: A key element of the Downtown and Riverfront Crossings District Master Plan is the identification of future development opportunities. These opportunities emerged from the Visioning Process, were tested during the Design Charrette, and further refined and vetted during the refinement period following the Charrette. They are grounded in the Market Analysis prepared for this plan, and have been developed to the level of detail possible in a long-range plan. It bears emphasizing — the Development Opportunities identified on the following pages are conceptual in nature. Like their predecessors in previous planning efforts, their value is to identify visions and ideas for specific areas. Successful visions will endure, but details will change and evolve as projects are implemented. The plan is simply a vision, highlighting certain areas. The decision to redevelop is ultimately up to the property owner. Likewise, any areas not shown as redeveloped, could have ideas implemented. The Development Opportunities are listed by their respective Districts, with brief descriptions of each major project or intervention. Pages 66 through 69 of the Plan discuss the Central Crossings Subdistrict including the following on page 69: Cottage Preservation — Three historic brick cottages are located on the east side of Dubuque Street between Prentiss Street and the Iowa Interstate Railroad line. Because they are unique 19th century buildings, preservation of these structures should be a goal. In order to encourage their preservation, it is recommended that a density bonus be granted for their preservation and renovation. The bonus would grant additional height allowances for the future building, located at the southeast corner of Prentiss Street and Dubuque Street, as incentive to preserve the historic cottages. Parking for this building would be provided off of the alley to the east of the cottages. The cottages could be used for residential or commercial purposes. The green space in the back yards would be a nice amenity for public or private uses. The City would also consider allowing additional residences to be constructed in the rear yard of the existing cottages. The conclusion of the plan states on page 116: The Study Area has a number of historic structures that are in need of preservation. As plans for the area move forward, development incentives (such as density bonuses) and policy options that encourage preservation, should be implemented. The Historic Preservation Commission has recommended approval of the designation of 608, 610 and 614 South Dubuque Street as Iowa City Historic Landmarks, finding that the properties meet the criteria for landmark designation, specifically criteria: a. Significant to American and/or Iowa City history, architecture, archaeology and culture; b. Possesses integrity of location, design, setting, materials and workmanship; c. Associated with events that have made a significant contribution to the broad patterns of our history; d. Associated with the lives of persons significant in our past; December 12, 2014 Page 3 Summary: The Riverfront Crossings Plan, in the 'Development Opportunities' section, states that preservation of these structures should be a goal and that it is recommended that density bonuses be granted for their preservation. While it is a goal/opportunity, it is not a requirement, and in this case the property owner has not sought a density bonus and is opposed to the requested rezoning to designate them as landmarks. Recommendation: The Historic Preservation Commission has recommended approval of the designation of 608, 610 and 614 South Dubuque Street as Iowa City Historic Landmarks. ATTACHMENT: 1. Lc -- 2. lo) 3. Cc Approved ces 11 IS N38n8 NVA -18 3non8no- 0 ON LU ce NN3 1 11 � N1 N3(]IVV4 Nib II cS , NkJNII1,11_1 -Ell -18 3non8no- 0 ON LU ce FRIENDS OF HISTORIC PRESERVATION P.O. Box 2001, Iowa City, Iowa 52244 December 11, 2014 Iowa City Historic Preservation Commission 410 East Washington Street Iowa City, IA 52240 Dear Commission: Friends of Historic Preservation (FHP) is thankful to all those that helped forward the landmark application for 608, 610, and 614 South Dubuque Street. Indeed, the Historic Preservation Commission, along with FHP, has been working for many years to get the Near South Side surveyed. This survey officially begins next week. Further, the commission's recommendations given for the Riverfront Crossing Plan helped make saving the cottages, Tate Arms House, and Sabin School goals for Iowa City. Ideally, the landmark application for 608, 610, and 614 South Dubuque would have been submitted to the commission a year from now after the survey is complete. However, extraordinary circumstances have made this impossible. As such, FHP is greatly indebted to associate professor of American studies Laura Rigal, architectural historians Richard Carlson and Marlin Ingalls, and preservation mason Rob Owen for volunteering their personal time researching the properties in the little time available. After reading the landmark application today Mr. Carlson noticed some of the information Ms. Rigal submitted was in error. It appears the information she submitted was based on information from block 10 of the original plat of Iowa City, rather than block 10 of the County Seat Addition where the cottages are located. Therefore, the cottages did not likely have any associations with the Hoffelder, Beard, or Kane families. However, the cottages still do retain their associations with Charles H. Berryhill and the Watkins family, as well as others in town, such as the O'Brien, Carpenter, and Cochran families. This new information in no way diminishes the cottages importance to Iowa City's history and culture. The cottages still are eligible for local landmark status under subsection 14-313-1-Cla 14-313-1-CIb, 14-3B-1-CIc, and 14-3B-1-CIe. Sincerely, Alicia Trimble FRIENDS OF HISTO�f C PRESERVATION P.O. Box 2001, Iowa City, Iowa 52244 December 2, 2014 Iowa City Historic Preservation Commission 410 East Washington Street Iowa City, IA 52240 Dear Commission, Enclosed you will find an application to designate 608, 610, and 614 South Dubuque Street as local historic landmarks, supporting documentation and an application for rezoning, although I realize this form is not always used for this process. On behalf of the board of directors, staff, membership, and the over 500 actively involved and petitioning individuals we request that this application be expedited as quickly as possible, if necessary through the City Council. The three properties are early illustrations of our earliest settlers and there are no other such structures that exist in Iowa City that represent the working class. These properties are associated with the Kane, Watkins, Berryhill, and Hoffelder families, who are some of the founding pioneers of Iowa City and the early railroad in Iowa City. 610 South Dubuque Street also played a large part in the Actualist Poetry Movement, the only poetry movement that began in North America. For these reasons and many more we ask that these properties be named Local Historic Landmarks. Sincerely, Alicia Trimble Executive Director Friends of Historic Preservation STATE HISTORIC PRESERVATION OFFICE OF IOWA Mff0XRWffOAAM *SO State Inventory Number: 9 -Digit SHPO Review and Compliance (R&C) Number: IOWA SITE INVENTORY FORM New F- Supplemental L Non -Extant Year: STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street j Des Moines, IA 50319 (515) 281-8742 1 Fax: (515) 282-0502 www.iowahistory.org/historicpreservation July 2014 Read the Iowa Site imrentwy Form Instructions mdully, to ensure accuracy and completeness before completing this form. The instructions are available at http://www.iowahistory.org/historic-preservation/statewide-inventory-and-collections/iowa-site-inventory-form.html. Basic infofmadon Historic Building Name: Worker Cottages built in Iowa City Railroad Era Other Names: The Book Shop, Suzy's Antiques & Gifts, and Kung Fu Academy Street Address: 608, 610, and 614 South Dubuque Street Cit: Iowa City 7 Vicinity County.Johnson State: Iowa ZIP: 52240 LEGAL DESCRIPTION Rural Urban Township Name: Subdivision: _ Block(s): 10 Township No.: 13 Site 3 Buildings 0 Range No.: Lot(s): 1 & 2 Section: Q Object 0 Structures 0 Quarter: of 0 Objects 0 Classification A. PROPERTY CATE60RY: B. NUMBER OF RESOURCES (WITHIN PROPERTY): If eligible property, enter nurnber of.- If nonAlgible property. enter number oF. p Building(s) M District Contributing Noncontributing 13 Site 3 Buildings 0 Buildings E3 Structure 0 saes 0 Sites Q Object 0 Structures 0 Structures 0 Objects 0 Objects 3 Total 0 Total C. STATUS OF PROPERTIES LISTED ON THE NATIONAL RE61STER OF HISTORIC PLACES L listed 1 De -listed L NHL L_ NPS DOE D. FOR PROPERTIES WITHIN A HISTORIC DISTRICT —1 Property contributes to a National Register or local certified historic district. L Property contributes to a potential historic district, based on professional historic/architectural survey and evaluation. L Property does not contribute to the historic district in which it is located. Historic District Name: Riverfront Crossings (?) Historic District Site Number: E. NAME OF RELATED PROJECT REPORT OR MULTIPLE PROPERTY STUDY (if applicable) MPD Title: Historical Architectural Database No. FA Address: (ity: Site Number. Function or Use Enter categories (codes Wd terms) from the Iowa Site inventory Form instructions A. HISTORIC FUNCTIONS COMMERCE:/TRADE/speclalty store DOMESTIC: single dwelling W County. District Number: B. CURRENT FUNCTIONS COMMERCE/TRADE/specialty store DOMESTIC: single dwelling Desai tion A. ARCHITECTURAL CLASSIFICATION B. MATERIALS O4A Greek Revival Foundation (visible exterior): LIMESTONE — BRICK O9A01 Front -gabled Roof Walls (visible exterior): Roof: ASHPHALT: shingles Other: WOOD C. NARRATIVE DESCRIPTION I0 See continuation sheers wW must be completed. Statement of SIgnifkance A. APPLICABLE NATIONAL REGISTER OF HISTORIC PLACES CRITERIA (mark your opinion of eligibility after applying relevant National Register criteria) Criterion k Property is associated with significant events. 71 Yes No F— More research recommended Criterion B: Property is associated with the lives of significant persons. 1 Yes (— No F— More research recommended Criterion C Property has distinctive architectural characteristics. F— Yes L No L More research recommended Criterion D: Property yields significant information in archaeology/history. L Yes L No L' More research recommended B. SPECIAL CRITERIA CONSIDERATIONS (mark any special (onsiderations; leave blank if none) F— A. Owned by a religious institution or used for religious purposes. (— E. A reconstructed building, object, or structure. B. Removed from its original location. —I C. A birthplace or grave. D. A cemetery C. AREAS OF SIGNIFICANCE (enter categories from instructions) 05 "COMMERCE E. SIGNIFICANT DATES Construction Date: ca. 1868 --I F. A commemorative property. i G. Property less than 50 years of page or achieved significance within the past 50 years. D. PERIOD(S) OF SIGNIFICANCE ca, 1868-1964 F. SIGNIFICANT PERSON (complete if Criterion B is marked above) Other Dates (including renovations): G. CULTURAL AFFILIATION (complete if Criterion D is marked above) H. ARCHITECT/BUILDER Architect unknown Builder/Contractor: unknown I. NARRATIVE STATEMENT OF SIGNIFICANCE 0 See continuation sheets ttrhkh must be completed• Address: City: Site Number: Bibliography [0 See continuation sheets for the list research sources used in preparing this fom Geographk Data County District Number: OPTIONAL UTM REFERENCES See continuation sheet for additional UTM or comments Zone Easdng Northing NAD 1. 2. 3. 4. Form Pivpradon Name and Title: Alicia Trimble, Executive Director Date: 11/30/14 Organiiation/Firm: PO Box 2001 Street Address: PO sox 2001 State: IA ZIP; 52240-2308 City: Iowa City Email: alicia0ic-f -or9 Telephone: (319) 331-5113 Addidonal Documentation A. FOR All PROPERTIES, ATTACH THE FOLLOWING, AS SPECIFIED IN THE IOWA SITE INVENTORY FORM INSTRUCTIONS 1. Map of propertys location within the community. 2. Glossy color 46 photos labeled on back with property/building name, address, date taken, view shown, and unique photo number. 3. Photo key showing each photo number on a map and/or floor plan, using arrows next top each photo number to indicate the location and directional view of each photograph. 4. Site plan of buildings/structures on site, identifying boundaries, public roads, and building/structure footprints. B. FOR ALL STATE HISTORIC TAX CREDIT PART 1 APPLICATIONS, HISTORIC DISTRICTS AND FARMSTEADS, AND BARNS See lists of special requirements and attachments in the Iowa Site Inventory form Instructions. State Historic Preservation Office ISHPO) Use Only The SHPO has reviewed the Site Inventory and concurs with above survey opinion on National Register eligibility: _ Yes —1 No i_ More research recommended _ This is a locally designated property or part of a locally designated district. Comments: SHPO Authorized c STATE HISTORIC PRESERVATION OFFICE OF IOWA M OF.PARUM OF MMU 1FF= IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Worker Cottages built in Iowa City Railroad Era Address: 608, 610, 614 South Dubuque Street City: Iowa City County: Johnson STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street I Des Moines, IA 50319 (515) 281-8742 1 Fax: (515) 282-0502 www.iowahistory.org/historicpreservation July 2014 Site Number: Related District Number: Description The three cottages are located at 608, 610, and 614 South Dubuque Street. Historically, 608 is located on 30'/z Lot 8 of Block 10. 610 is located on the N 40' of Lot 7 Block 10, and 614 is located on the S 40' of Lot 7, Block 10. The cottages are bounded by South Dubuque Street to the west. The east boundary is 160 feet from South Dubuque Street along an ally. The ally is approximately 160 to 180 feet from Ralston Creek depending on the location along the north/south axis of the ally. The north boundary of the cottages is 56.6 feet from Prentiss Street, with the south boundary 160 feet from the historic Interstate Railroad line, originally Des Moines Street. The two structures immediately north of the three cottages located at 602 and 604 South Dubuque Street, were built as residences in the 19th Century and are most likely contemporaries of the three cottages. 602 now houses a bike repair shop and has had significant alteration to its exterior fagade. 604 South Dubuque Street is a residential rental property and although it has metal siding does not appear to be significantly altered on its exterior. To the south of the cottages on the block is a two story storefront from the 19th Century, with a small one story strip mail built on to its south elevation in 1951. The 19th century portion of the building has been highly altered and its age is indistinguishable from the adjoining strip mall from South Dubuque Street. However, its age is apparent from the rear of the structure. Today, 608 houses The Bookshop, a used book store, and the apartment of the proprietor William Ingles. 610 houses Suzy's Antiques and 614 houses Moy Yat Ving Tsun Kung Fu Academy. Historically, the three cottages were part of a working class neighborhood that arose south of downtown after the railroad came to Iowa City in 1856. This was Iowa City's first working class neighborhood before Czech and Slovak immigrants built the neighborhood known as Goosetown to the east of downtown Iowa City. Early city directories of Iowa City list people in this neighborhood being involved in working class trades, including as teamsters, railroad workers, bell boys for local hotels, blacksmiths, carpenters, laborers, as well as retired farmers and a number of widows. Many of those who lived in the area were also immigrants. As Iowa City developed further the neighborhood stood as a buffer of the opulence of the newer homes being built a few blocks away near the courthouse and the factories and junk yards Architectural Features The construction dates of the cottages are unclear. No documentation has been found that indicates when exactly they were built. Based on land values and sale prices it is unlikely that the cottages were built before 1859. 608 does appear to have an owner occupant by 1871 and 610 and 614 appear to have to have owner occupants 1873. It is clear that all three cottages are related temporally, architecturally, and historically. They are similarly located, constructed, and decorated. Gable front houses such as these are particularly well adapted to narrow urban lots. Built in a single story, banked, gable front subtype in the popular Greek Revival -style configuration, they are similar to vernacular buildings being constructed across the Midwest from the 1820s to 1870s. Their one story front -gabled substyle is considered rare (see McAlester 1986: Knopf & Company). Their brick masonry appears to have been laid by German masons and the hand -struck bricks appear to have been locally produced, possibly in the nearby old brick yard in the Capitol Street area. Likewise the wooden trim and mortar were also probably produced locally (Ingalls, email communication, 24 November 2014). The cottages are each twenty by thirty feet on the main level. An equal amount of space is afforded beneath the main floor in the banked level: of the cottage. The upper floor of each cottage is a single room, while the lower level is now subdivided in the cottages located at 608 and 614 South Dubuque Street between a six by eight inch structural timber 4 12 L STATE HISTORIC PRESERVATION OFFICE OF IOWA 100 DEPARTMENT OF CULIM AFFAIRS IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Worker Cottages built in Iowa City Railroad Era Address: 608, 610, 614 South Dubuque Street City: Iowa City County: Johnson STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East Locust Street I Des Moines, IA 50319 (515) 281-8742 1 Fax: (515) 282-0502 www.iowahistory.org/historicpreservation July 2014 Site Number: Related District Number: running the whole thirty foot east -west length of the cottage. The timber has a structural support beam every several feet running from the floor to the timber effectively dividing the space in half. On the south side of this beam small rooms have been built, including restrooms and small offices in 614 South Dubuque Street. In 610 the lower space appears to have been renovated and the supporting posts no longer run down the middle of the floor. Instead, the floor plan is mainly open with closets that appear to have been constructed out of brick from the 1950s supporting the upper floor (Ingalls, personal communication, 24 November 2014). While 610 and 614 have chimneys on the east elevation, it is a feature that does not appear in the cottage on 608. Although, the cottages are very similar in design and style and appear to be built by the same individual, there are some slight differences in construction leading architectural historians Marlin Ingalls and Richard Carlson to believe 608 was constructed before 610 and 614 (personal communication, November 24, 2014). Most notably the rafters are 16 inches apart in 608 where they are between 22 and 24 inches apart in 610 and 614. Integrity The integrity of the cottages is intact. All three cottages are in their original location built on a block abutting the historic railroad line. Only a few slight alterations have been made to the design. A side door has been removed from 610 and the windows in the front have been reconfigured. 614 appears to have had a door bricked at the rear of the property and a window has also been bricked up on the south elevation. The changes do not affect the overall appearance or design of the cottages and are easily reversed by a skilled mason. All other material appears to be original and locally produced. 608 and 610 still have originally crafted corbals. The craftsmanship also appears to be that of a local individual. Significance to Iowa City History and Culture Early Settlers The earliest land records show what the lots owned by Jacob Beard by 1850. Beard is listed in the 1850 Federal Census as residing in Johnson County with his with his wife "Maria" and young family. All other records of his wife refer to her as "Mary Ann" or occasionally, "Mary" it is likely that it was an error on the part of the census taker, as his wife's age remains constant in the 1852 and 1856 State of Iowa Census. He is also listed in the 1880 census as a stone mason and owning some eight hundred dollars in land, making his family some of the earliest and wealthiest settlers in Iowa City. Because census records of this time do not list addresses it is not possible to know if he lived on the land. In 1854 the lots where then purchased from Jacob Beard. Lot 8 and the west half of Lot 7 both on Block 10, the land now containing 610 and 614, were sold to Philip Hoffelder. The east half of Lot 7, Block 10 was sold to George Hoffelder. The 1863 Johnson County, Iowa tax records seem to indicate that Philip was living on his portion of the land with his wife, Clara, and young family. Phillip who would be listed in the 1870s U.S. census as a labor in the woolen mill, in 1880 U.S. census as the "keeper of an apple stand," and in the 1885 state census as a "fruit seller" never appeared to be a wealthy man. However, 1863 Johnson County tax records listed him as having four houses, four cows, and merchandise totaling 7000 dollars on the property indicating he must have lived on the land at the time. Philip was also drafted in 1863 while living on the property. Philip and George Hoffelder both sold their land to Albert Kane in 1868. The Hoffelder's were important founding members of Iowa City. Although Phillip died in 1895 three of his four surviving children stayed in Iowa City, the four becoming a cloistered nun in Salt Lake City, Utah. His sons, William and Louis, opened up Hoffelder Brothers Company after the turn of the 20th Century which became the premier dry good store, later a department store, in Iowa City. Both were revered as two of the most prominent business men in town. Clara, their mother and Philip's wife died in 1909 having lived over 60 years in Iowa City. She was highly respected member of the JUEY 1, 2014 V 1.0 IOWA 5!?E iNVEPr?ORY FORM rj OF 12 STATE HISTORIC PRESERVATION OFFICE OF IOWA lawmm wratrortalnMu M IOWA SITE INVENTORY FORM — CONTINUATION SHEET Name of Property: Worker Cottages built in Iowa City Railroad Era Address: 608, 610, 614 South Dubuque Street City: Iowa City County: Johnson community and was very active in St. Mary's Catholic Church. pioneer woman, who the Iowa City Daily Press said would be, come" (Iowa City Daily Press, 29 May 1909,4; 31 May 1909, �rrr% STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street I Des Moines, IA 50319 (515) 281-8742 1 Fax: (515) 282-0502 www.iowahistary.org/historicpreservation July 2014 Site Number: Related District Number: Both newspapers in town lamented the loss of the strong "mourned in Iowa City throughout the years to 1; Iowa City Daily Republican, 28 May 1909, 8). In 1873 610 was purchased by Michael and Eliza O'Brien and 614 was purchased by William and Catherine Watkins. Although there are few records of the O'Brien's, the Watkin's most certainly lived in their cottages and became important members of the community. The Watkins' were both immigrants from Wales who met and married in Pittsburg, Ohio. In 1872 they moved to Iowa City where Mr. Watkins was to become the pastor of the Welsh Congregational Church of Old Man's Creek just to the west of Iowa City's then boarders. However, they already had a large family in 1873, with seven children and an eighth being born with in the next year. They would ultimately have ten children before William died in 1878. In 1874 the Watkins' moved to a larger house on College Street. After her husband death Catharine's profession is listed in the 1880 U.S. Census as a retail grocer. Despite her poverty, she became a beloved member of the community who always provided charity for others despite her own financial hardships. Her obituary in the September 13, 1920 edition of the Iowa City Daily Press was entitled, "Beloved Pioneer Falls Asleep (7)." 610 and 614 were then sold to Charles H. Berryhill, who had been one of the landowners to purchase 608 after the Hoffelder's sold the land. Berryhill owned 608 from 1867-1871. Although, Berryhiil certainly did not live on South Dubuque Street, he may also have been involved in the construction of the cottages. Berryhill is one of the most importing founding fathers of Iowa City, arriving in 1838 before Iowa City even existed (Gue,1903, 19). Berryhill was thought to be the first dry goods salesmen in what would become Iowa City proper and was noted especially for selling woman's wear which was incredibly difficult to obtain on the frontier. After his original store built in a log cabin burnt down he move into a flour shed near the Old Capitol (History of Johnson County 1883, 612-613; Iowa City Press Citizen 24 Feb1950, 4). Berryhill would spend time as a merchant, farmer, and land speculator. He sold the land for the first Iowa City jail and owned the building which housed Iowa City's first newspaper (Iowa City Press Citizen 1 Jan 1952, 6; History of Johnson County 1883, 368). Berryhill ran on the Wig ticket in 1842 for the for Clerk of Commissioners' Court and in the 1850s served as an Alderman for Iowa City's first ward. He remained active in city and county life until his death in 1874. His son James graduated from the University of Iowa Law School and became both a prominent attorney and children located at 414te representative rB own Street of $n Iowa City n County has been on 1the Nationalse he Regis Register of Historin icmPla es sine the his Wife, Elizabeth, Until the 1940's when the buildings began to be used for commercial purposes, the cottages house a number of both owner occupants and renters. The common theme that ran between these residents was that they were often immigrants and always working class or elderly. There are no other such building left in the near south side of downtown. Railroad District Iowa City had the distinction of being the terminus for the Mississippi and Missouri Railroad for five years. The railroad reached Iowa City on December 31, 1855 and this dramatically changed Iowa City forever. With the new railroad coming into town the population doubled in a few years and land pries dramatically rose (Weber 1990, 80). Iowa City became both a final destination and a jumping off point for those who wished to travel further into the West. With the new population of both residents and travelers a new neighborhood arose with hotels and restaurants for the travelers and homes for those who worked maintaining the larger city. The neighborhood along the railroad tracks grew quickly. It is likely that the cottages were built as part of this new development when the railroads arrived. The railroad also played an important part in the history of the Church of Latter Day Saints in 1856 and 1857. Converts to the church from Europe, known as "Saints," took the railroad to Iowa City as part of their journey to Zion (Salt Lake City). After reaching Iowa City they camped for some time until their handcarts were completed leaving for Zion in five different 6 U 12 ter.. STATE HISTORIC PRESERVATION OFFICE STATE HISTORIC IOWA SITE INVENTORY PRESERVATION 600 East locust Street I Des Moines, IA 50319 (515) 281-8742 1 fax: (515) 282-0502 OFFICE OF IOWA www.iowahistory.org/historicpreservation July 2014 IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Worker Cottages built in Iowa City Railroad Era Site Number: 608, 610, 614 South Dubuque Street Related District Number: Address: Johnson City. Iowa City County. companies. By the end of the two year migration 2,012 Saints had departed from Iowa City, 244 of whom died in route. The journey is still hailed as one of the most inventive and successful westward migrations in the United States (Weber 1992, 157-59). Most of what comprised the early railroad district is gone. There is the "new" railroad depot built in 1901 which stands a block away from the cottages and a few earlier homes are in the area, though many have been highly altered. The historic school a block down from cottages on South Dubuque Street is slated for demolition very soon. Much of the area is now parking lots and student apartment buildings. These cottages are some of the last remaining intact representations of working class Iowan Citizens of this time. Modem History — The Actualist Poetry Movement 610 South Dubuque Street was purchased by Jim Mulac in 1977. Jim had been one of the founding members of the Actualist Poetry movement, the only literary movement to have its roots in North America. Founded around 1972, the Actualist Movement, often described as hard to define, prided itself on community and inclusion, something many did not feel was happing at the University of Iowa Writer's Workshop at the time. Jim was an active poet in the movement and edited many books containing the writings of his contemporaries with other poets well known in the movement, such as Darrell Gray and Morty Sklar (Morice, 2011). Urban renewal destroyed many of the places that the Actualist had previously met, so Mulac's store, Jim's Used Records and Books, located in 610 beta the one of thm locati n when to alp poets gathered and preformed their readings. in the late 1970's became May Likely Yield Information important Information About History And Archeology A large amount of cultural material appears to be beneath the surface of the lots on which the cottages are located. A cursory examination of the ground reveals a number of glass and porcelain artifacts being eroded, particularly at rodent burrows. As this location was occupied early in Iowa City's history the cultural material below the surface may be important. Conclusion In addition to the preservation of the cottages located at 608, 610, and 614 South Dubuque Street being recognized as a goal in the Iowa City Compressive Plan, the cottages meet the following criteria used by the Iowa City Historic Preservation Commission to determine if a property should be eligible for landmark status: 1) significant to Iowa City history and culture; 2) associated with events that have made a significant contribution to our broad patterns of history; 3) associated with the lives of persons of significance in our history; 4) has the likelihood to yield information important to history. 7 v' 12 1l -'f 1, LL J4',r STATE HISTORIC PRESERVATION OFFICE OF IOWA STATE HISTORIC PRESERVATION OFFICE IOWA SITE IWENTORY 600 East locust Street I Des Moines, IA 50319 (515) 281-8142 1 Fax: (515) 282-0502 www.iowahistory.org/historicpreservation July 2014 raver oEPARTIiIERT rr gltJ= IOWA SITE INVENTORY FORM — CONTINUATION SHEET Name of Property. Worker cottages built in Iowa City Railroad Era Site Number. 608, 610, 614 South Dubuque Street Related District Number: Address: Johnson city: Iowa City County: Bibliographical References "A Fact a Day about Iowa City: Tiffin's Reporter." Iowa City Press Citizen. 24 February 1950: 4 " "Death Summons Mrs. Hoffelder." Iowa City Daily Press. 29 May 1909: 4. Gue, Benjamin F. History of Iowa From the Earliest Times to the Beginning of the Twentieth Century. New York: The History Company. 1903. : containing a history of the county, and its townships, cities and villages from 1836 to History of Johnson County, Iowa 1882. Iowa City. 1883. Iowa City City Directory. Iowa City: Iowa City Directory Company. 1875-1876. Iowa State Census. 1852. Ancestry.com. Iowa, State Census Collection, 1836-1925 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. Iowa State Census. 1856. Ancestry.com. Iowa, State Census Collection, 1836-1925 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. Johnson County, Iowa. Property Records 18541940. Johnson County, Iowa City. "Loved Pioneer Falls Asleep" Iowa City Daily Press. 13 September 1920: 7. Owen's Iowa City Directory. Iowa City: Owen's City Directory Company, 1878-1879. Johnson County, Iowa. 1863. Assessor's Records. State Historical Society of Iowa. Iowa City, IA. Michaud, Joseph A. Booking in Iowa. Iowa City: The Bookery and Camp Pope Bookshop. 2009. Morice, Dave. "Lucy in the Sky with Darrell." Exquisite Corpse: Journal of Letters and Life. 11 January 2011. Web. 30 November 2014. < http://www.corpse.orgriindex.php?option=com content&task=view&id=664&Itemid=1>. "Mrs. Hoffelder Dies Last Night! Iowa City Daily Republican. 28 May 1909: 8. "Mrs. Hoffelder is Dead: Pioneer Has Passed Away." Iowa City Citizen. 31 May 1909: 1. National Archives and Records Administration (NARA); Consolidated Lists of Civil War Draft Registration Records (Provost Marshal General's Bureau; Consolidated Enrollment Lists, 1863-1865); Record Group: 110, Records of the Provost Marshal GeneBureau (Civil 42 351)4; Archive Volume Number:Consolidated Enrollment Lists, 1863-1865 (Civil War d Union Draft Records); ARC United States Census Bureau. 1850. Census Place: Iowa City, Johnson, Iowa; Roll: M432_185; Page: 15213; Image: 311. 8 12 E� STATE HISTORIC PRESERVATION OFFICE OF IOWA iow oEwan*Koreartimops IOWA SITE INVENTORY FORM — CONTINUATION SHEET Name of Property: Worker Cottages built in Iowa City Railroad Era Address: 608, 610, 614 South Dubuque Street Ci Iowa City County: Johnson STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street I Des Moines, IA 50319 (515) 281-8742 1 Fax: (515) 282-0502 www.iowahistory.org/histodcpreservation July 2014 Site Number: Related District Number: ty United States Census Bureau. 1870. Census Place: Iowa City, Johnson, Iowa; Roil: M593400; Page: 31813; Image: 174; Family History Library Film: 545899. Place: Iowa City, Johnson, Iowa; Roll: 347; Family History Film: 1254347; United States Census Bureau. 1880. Census Page: 127A; Enumeration District: 226; Image: 0633. Weber, Irving B. Historical stories about Iowa City. Volume 6. Iowa City: Lions Club, 1990. Weber, Irving B. Historical stories about Iowa City. Volume 7. Iowa City: Lions Club, 1992. Works Project Administration. 1940 Graves Registration Project. Washington, D.C. 9 12 L 0 STATE HISTORIC PRESERVATION OFFICE OF IOWA 6MOFPRfl1M OOFL'IRTItAAL11FFM IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property: Worker Cottages built in Iowa City Railroad Era Address: 608, 610, 614 South Dubuque Street city: Iowa City county: Johnson Addition Documentation P, r� c: pr t Approximate Location of 608, 610,614 South Dubuque Street (Iowa DOT) 0A `N psi!I ki STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East Locust Street I Des Moines, IA 50319 (515) 281-8742 1 Fax: (515) 282-0502 www.iowahistory.org/historicpreseivation July 2014 Site Number:._ Related District Number: Positions of buildings and structures on the site in relation to public Roads (Johnson County Assessor) 10 12 IUiY I, 2014 V LO .. 0 STATE HISTORIC PRESERVATION OFFICE OF IOWA IOr110EPAR11,1Ot16 glnUlAl MARS IOWA SITE INVENTORY FORM - CONTINUATION SHEET Name of Property Worker Cottages built in Iowa City Railroad Era Address: 608, 610, 614 South Dubuque Street City: Iowa City County: Johnson View of all three Cottages facing South Dubuque Street (west elevation) View of 608 South Dubuque Street (west elevation) IUtf i, 2014 v I u STATE HISTORIC PRESERVATION OFFICE IOWA SITE INVENTORY 600 East locust Street I Des Moines, IA 50319 (515)281-8742 1faz:(515)282-0502 www,iowahistoly.org/histofi(preservation July 2014 Site Number: Related District Number: STATE HISTORIC PRESERVATION OFFICE OF IOWA 10M OEPA99*ffl OF CIRIM Aff= Inwe S11rF INVENTORY FORM - CONTINUATION SHEET Name of Property: Worker Cottages built in Iowa City Railroad Era Address: 608, 610, 614 South Dubuque Street cltr Iowa City County Johnson View of 610 South Dubuque Street from Dubuque (west elevation) View of 614 South Dubuque Street from Dubuque (west elevation) )uoi,ioi1viG STATE HISTORIC MIEMATION OFFICE IOWA SITE INVENTORY 600 East Locust Street I Des Moines, IA 50319 (515) 281-8742 1 Fax: (515) 292-0502 www.iowahistory.org/historicpreservation July2014 Site Number. Related District Number: 12 12 1W Historical Evaluation of Brick Cottages at 608, 610 and 614 South Dubuque Street, Iowa City by Richard Carlson, Architectural Historian December 1, 2014 The three brick buildings at 608, 610 and 614 South Dubuque Street are unique in Iowa City. Probably built between 1867 and 1873 as rental houses, they comprise a rare surviving collection of ca. 1870 rental housing in Iowa City that represent the city's significant post -Civil War housing boom. All three buildings were altered in the mid -twentieth century to convert them from residential buildings to small businesses. This change affected primarily the fenestration patterns, with plate glass windows replacing smaller windows on the front facades and many side and rear windows bricked in. In most cases, however, the original fenestration pattern remains evident despite the changes. Surviving features that indicate the buildings' dates of construction include the turned and jigsaw -cut brackets under the front -facing gable eaves, frieze boards, and segmental arches over current or former window and door openings. All three buildings are similar in appearance, but are distinguished by slight variations in the original design as well as by the different mid -twentieth century changes. All three buildings are one- story, front -gabled buildings that are built on a slope, resulting in rear facades that are fully two stories in height and contain basement entrances. All three buildings originally had a three -bay front facade, with the front door located in the left (north) bay and a window in each of the two south bays. (This is less certain of 608 S. Dubuque, since the original lintels over the presumed two front windows are no longer extant, but it likely was the case here as well.) The north and south sides of the three buildings originally had either one or two windows, but most openings have now been bricked in. The rear facades of the three buildings are two bays wide. The two bays had a windows in each bay on the upper story, and a window and a door in the lower (basement) story. Some of these openings have since been bricked in. In 608 and 614 S. Dubuque, the two bays are separated by an exterior brick chimney. Such a chimney either was never present on 608 S. Dubuque or has been removed. The building at 608 S. Dubuque appears from the available records to have been the first of the three built, probably in late 1867 or 1868, while the other two were most likely built a few years later in 1872.' This difference in construction dates is consistent with the appearance of the buildings, since the fenestration of 608 S. Dubuque differs slightly from the other two. Specifically, the windows and doors of 608 S. Dubuque had flat arches historically, not the segmental arches seen on the other two buildings. The three buildings meet the City of Iowa City's eligibility requirements as a historic district, with the exception that the three parcels on which the three buildings stand currently are owned by a single owner rather than under diverse ownership. They meet the criteria for the following reasons. They meet Subsection 14-3B-1-CIa because they are significant to Iowa City history and architecture as an ' The property on which 608 S. Dubuque stands was first sold for $1,000 or more in 1871, having been purchased in 1867, while the properties at 610 and 614 S. Dubuque were fust sold for $1,000 or more in 1873, having been purchased in 1872. Since a front -gabled building in the location of the brick cottages is shown on an 1868 bird's- eye view map of Iowa City, it is most likely that this was the house at 608 S. Dubuque, which sales prices suggest was built between 1867 and 1871. The other two were most likely built between 1872 and 1873, based on their sales prices. This date is supported by a newspaper reference in August 1872, which mentions, among dozens of other improvements in Iowa City that year, "Two buildings for C. B. Berryhill, $2,000" (Daily Press [Iowa City, Iowa], August 21, 1872, p. [4]). Charles H. Berryhill was the attorney in fact for Ruth Guest, who was the owner in 1872-1873 of the properties on which 610 and 614 were built. While the newspaper announcement would be more convincing if it had identified a location or type for the buildings, and if it had mentioned Ruth Guest or given the correct middle initial for Charles Berryhill, other aspects of the newspaper mention are consistent. In particular, the buildings probably did cost about $1,000 each, since the two properties were sold in 1873 for $1,200 each, and Charles Berryhill did have power of attorney to represent Guest in matters concerning these properties. Berryhill also owned the property on which 608 S. Dubuque was built between 1867 and 1871, so the similarity in design among the three buildings may be due to Berryhill's selection of the same builder to construct all three. C unusually intact collection of relatively unaltered post -Civil War rental housing that is unique in the city. Most other examples of this type in the city have been demolished or have been more substantially altered, and none is included in a group of multiple similar buildings as is the case of the Dubuque Street cottages. The cottages also meet Subsection 14-313-1-C1b because they possess a moderate to high degree of integrity of location, design, setting, materials and workmanship. Specifically, they retain excellent integrity of location, since they have not been moved since they were first built. Their integrity of setting is high, since they retain their historical relationship to Dubuque Street on the west, a steep slope down to Ralston Creek on the east, other one- or two-story buildings on the north and south, and the railroad tracks to the south. The only significant modern intrusion on the setting of the cottages has been the construction of two large apartment buildings directly across Dubuque Street. The cottages' integrity of design, materials and workmanship are moderate to high. The most significant modern intrusions have been the changes to the fenestration of all three buildings. Other changes include the construction of an entry portico on 608 S. Dubuque and of front steps and a wheelchair ramp on 610 S. Dubuque. However, all three buildings retain their original massing, roofline, and brick construction, and all retain some indication of their original fenestration pattern, even where that pattern was altered in the mid -twentieth century. Remarkably, two of the three cottages (608 and 614 S. Dubuque) retain original paired Italianate-style brackets under the front eaves, a feature often not retained even on more high -style examples of Italianate architecture. The third cottage (610 S. Dubuque) retains evidence that it formerly had such brackets, although they have been replaced in recent decades by a dentil pattern. Finally, the cottages meet Subsection 14-3B-1-Clc and Subsection 14-313-1-Cle. They meet Subsection 14-313-1-CIc because they are associated with the tremendous growth of Iowa City following the Civil War, a significant pattern in Iowa City's history. One local newspaper reported in 1872, the year that two of the three cottages are believed to have been built, that "[t]his is the busiest season for building that Iowa City has seen for ten years" (Daily Press, July 22, 1872, p. [4]). This was supported a month later by two reports identifying a total of 54 building projects in the city that were underway that summer (Daily Press, August 20, 1872, p. [4]; August 21, 1872, p. [4]). The cottages also meet Subsection 14-3B-1-Cle because they embody the distinctive characteristics of a type of small front - gabled residence with Italianate-style features popular in the decade following the Civil War, but only rare examples of which survive today that retain as high a degree of period integrity. These period features include the massing, roofline, brick construction, frieze board, and, in two cases, Italianate-style brackets, as well as the segmentally arched window openings still visible on two of the cottages even where the window opening has since been altered. D Re: The three Dubuque Street brick cottages To whom it may concern, Through this letter I would like to express my concerns regarding the potential removal of these significant and historic Iowa City cultural resources. I hope to briefly explain their importance to the River Crossing Area Development, why they should not be removed, and why their preservation is of greater benefit to the city and River Crossing development than their removal. The three South Dubuque St. cottages are historically significant and are unique surviving architectural and cultural resources in Iowa City. They represent three of the last surviving cultural and architectural residences of this type in the south Iowa City development area. The majority of these once common vernacular housing types have been torn down. Besides the two nearby railroad hotels that date from the same era they are the last remnants of a once dynamic neighborhood. While the current zoning discussion focuses on the cottages, the two buildings to their north, the house and former corner store, could also be seen as historically important as they were contemporary with the cottages. The cottage's lots were sold in 1854 and possibly relate to the initial introduction of the railroad into the city. From 1855 to ca. 1875 this section of town was growing. Small stone and brick single story cottages were the homes of individuals who often had a nearby business. While the cottages appear to originally have been residences and not commercial properties, they may have functioned as both. It is clear that all three are related temporally, architecturally, and historically. They are similarly located, constructed, and decorated. The lots were purchased in 1854 by Phillip and George Hoffelder and passed to two members of the Kane family in the late 1860s and early 1870s. Gable front houses such as these are particularly well adapted to narrow urban lots. Built in a single story, banked, gable front subtype in the popular Greek Revival -style configuration, they are similar to vernacular buildings being constructed across the Midwest from the 1820s to 1870s. Their one story front -gabled substyle is considered rare (see McAlester 1986: Knopf & Company). Their brick masonry appears to have been laid by German masons and the hand -struck bricks appear to have been locally produced and possibly in the nearby old brick yard in the Capitol Street area. Likewise the wooden trim and mortar were also probably produced locally. The proposed River Front Development can benefit from the quality of neighborhood preservation that makes Iowa City unique. Once lost, these buildings and city landscapes are irretrievable. These buildings are unique and will add a historic community flavor to Dubuque Street streetscape. As one of the primary north/south streets that will access the River Front Development the street will act as visual corridor to the south. Variety in housing and commercial development is very important to both the visual and built landscape. A mass of modern apartments is nothing for heritage tourists to look forward to. Many of Iowa City's attractions are its charming old neighborhoods and period historic buildings. Other cities in the region wish that they had saved their historic buildings. In closing, the three South Dubuque Street cottages are eligible to the National Register of Historic Places (NRNP) under Criterion C for architecture. They are also likely eligible under Criteria A for the early (possibly antebellum) development of Iowa City. They may also be eligible under Criterion B for their association with the Hoffelder and Kane families who are early settlers of Iowa City. They are also eligible to the NRNP as a larger historic district that includes other contributing elements in the neighborhood. Sincerely, E ) C,—c - � , ��&,� Marlin R. Ingalls Architectural Historian/Archaeologist Member of State Historical Society's Technical Advisory Network Historian, Architectural Historian, and Archaeological Consultant Iowa City, IA 52245 STXL1CTUIK 3L REVIEW TO: Friends of Historic Preservation P.O. Box 2ooi Iowa City, IA 52244 PTTI1: Alicia Trimble VIKO)ECT IYPPOE: So. Dubuque Street Cottages — Structural Review *TE: December2,2014 Dear Ms. Trimble, We have completed our review of the structures at 608, Mo and 614 So. Dubuque Street, Iowa City, IA. Shanna Duggan of MO"M STOR STablo performed the site visit and review on November 24, 2014. Alicia Trimble of the Friends of Historic Preservation office, Marlin Ingalls and Rich Carlson, Architectural Historians of the State Archeologists office, and Rob Owen - Mason, were also present. We gained access to the site with the permission of the tenants who were either on site or who provided keys to the property. The purpose of the review was to provide consulting engineering services regarding the structural condition of the buildings. Our findings and opinions are summarized below. Photos can be found in the appendices and are examples of observed conditions. No structural calculations were performed as part of this report. BOCKSROLM. The three properties were constructed circa 1858 of multi-wythe (2 or 3 layers) brick masonry walls supported on limestone basement foundations. The full -height basements have concrete floor slabs and are "walk -out" on the east side. The single story structures have a medium slope gable wood rafter roof system with asphalt shingle roofing and wood floor joists bearing on the exterior walls. Buildings 6o8 and 614 have a mid -span beam support for the floorjoists. All three properties were currently in use by the tenants. OBSERVOTIONS: The exterior of the building is in good condition (see photos Al -A8.) We were informed by the tenant that he had re -pointed the exterior wythe of brick with a cement based "drycrete" type mortar. The north and west elevations were completed in 2.o12, followed by the south and east elevations in 2013. The exterior wythe of brick was then painted. Some of the brick has a soft face or has spalled (see photo A4.) There is evidence of old openings which have been in -filled with a different type of brick (see photo Al—at front window.) On the north side the damaged gutter has allowed water to run down the face of the brick (see photos A5 -A7.) The tenant indicated a wood trellis was constructed to "brace" the northeast corner of building 610 to the southeast corner of building 6o8 (see photo A8.) The interior of the building is in excellent to good condition (see photos A9 -A16.) The attic of the property was not accessible. We did not observe any cracking in the drywall on the first floor that would indicate excessive building movement or settlement (see photo Mo.) MOR1YIr16 ST(K STLINC), LLC Structural Review So. Dubuque Street Cottages The first floor framing has been reinforced to support the weight of the books and to repair holes or notches in the framing. Generally, new joists have been added to both sides of the existing joists and bear on the exterior foundation walls and the interior beam (see photos Ail -A14.) This structure has a "shelf" type basement on the west and partial north and south walls which are constructed of brick (see photos Ai5 & Ai6.) The exterior of the building is in fair condition (see photos Bi-BiS.) The exterior wythe of brick has been painted. The lime based mortar is soft and easily raked out. Some of the brick has spalled (see photo B3.) There are several hairline cracks in the mortar joints (see photos BS, B8, 69, & Bit.) There is evidence of old openings which have been in -filled with newer brick (see photo 613.) Cracks have occurred in the mortar at the perimeter of these patches. A cement based parge coating has been applied to the limestone foundation (see photo Bio.) Expandable foam was used to seal a gap at the chimney on the east side of the structure (see photo 69.) A brick had been removed by others prior to our review and the cavity was left unprotected (see photo B14.) The northeast corner has settled over the course of several years, there is evidence of multiple types of repairs including mortar and caulk (see photos B7 & B9.) A crack of approximately 3/8" has resulted in the foundation on the north wall (see photo B6.) The brace that was installed appears to only be tight to the structure above the level of the first floor. The southwest corner also has some settlement damage (see photo B15.) Gutters and downspouts are poorly maintained and damaged. 1 The interior of the building is in excellent to good condition (see photos 616-624.) The wood paneling has tightly fitted joints. On the north wall, near the window, a gap has appeared in the corner (see photo B17.) The tenant indicated that it developed after the brace was installed. The roof framing was reviewed via an attic access hatch. The framing is in excellent condition (see photos B18 -132o.) OSB sheathing has been added to the wide roof planks. Daylight could be seen through a few of the brick head joints. The foundation walls were covered in wood paneling (see photos 1321 & Baa.) A small area was visible in the bathroom and at an access door; it appeared to be in good condition (see photos 623 & B24.) Only minor cracking was noted in the plaster ceiling. Building 614— Exterior The exterior of the building is in good to fair condition (see photos C1 -C13.) The exterior of the brick has been painted. Old openings have been in -filled with concrete (see photo C3 & C4.) Cracks have occurred in the mortar at the perimeter of these patches. The chimney appears to have been constructed out of plumb (see photo C4.) The mortar has been deeply weathered in some areas (see photo C8 & C9.) Some of the brick has spalled and there are hairline cracks in some of the mortar joints (see photo Cii.) A cement based parge coating has been applied to the limestone foundation (see photos C12 & C13.) The southeast corner has settled; there is evidence of multiple types of repairs including mortar and caulk (see photo Cto.) The southwest corner is also in need of repair (see photo C7.) The gutters and downspouts are poorly maintained. p 2OF4 Q MC)"IN6 STPR STUblO. LLC Structural Review So. Dubuque Street Cottages The interior of the building is in good condition (see photos C14 -C24.) No significant cracking or wood panel separation was noted during the review. The roof framing could not be reviewed due to a drywall ceiling above the drop ceiling. The foundation walls were in good condition, only minor cracking was noted in the plaster coating on the walls (see photos C17 & C21.) Interior brick had been removed from the basement wall and the construction of the muti-wythe wall was visible (see photos C18 & C19.) Some areas of the brick wall were visible (see photos Czo & CQa) and a full depth concrete in -fill area was noted under the stair (see photo C23.) The floor framing is in good condition (see photo C24.) KI LL.y515: Overall, the buildings are structurally sound. Some deterioration of all structures is to be expected, buildings of this age have experienced years of normal weathering and have items in need of repair. Some movement and settlement has occurred in the various components and materials of the buildings, most of which can be expected. These structures also have suffered exterior damage due to use of improper or incompatible materials in previous repairs and poor maintenance practices. There is only minimal visible evidence of damage on the interior of the structures. We did not observe any indications of water infiltration of the building envelope. Prior to the 188os, the manufacturing process of brick involved hand molding and air drying. The firing method resulted in large variations in the brick finish and hardness because of uneven heating. Some of the brick appears to be quite porous, a result of low -firing. The original lime based mortar has become eroded. The exterior wythe of brick on the structures is in need of re- pointing in several locations. In a few locations, the brick walls have suffered damage due to freeze/thaw cycles of the brick and the face of the brick has become spalled. The use of cement based mortars, patches and hard -fired brick has damaged the surrounding historic bricks. Stresses within a wall caused by expansion, contraction, moisture migration, or settlement must be accommodated in some manner. In a masonry wall, these stresses should be relieved by the mortar rather than by the masonry units. Cement based mortars and hard -fired brick are harder (less compressive) and less permeable than the original brick, the result is that the stresses are relieved through the original masonry. The masonry becomes cracked and spalled as seen on these structures. The incompatible materials are also the cause of the slight bow in the window infill on the south side of Building Mo. The newer brick expands and contracts at a different rate and has bowed outward as it tried to seek relief of the resulting pressures. The settlement that has occurred at the northeast (Bldg bio) and the southeast (Bldg 614) corners are a result of a lack of a frost -protected footing along the east elevation of the buildings. Multi- wythe brick walls of this era were typically built upon the soil only a foot, or less, below the ground level. The damage to the wall has been accelerated by the use of improper repair materials, such as caulk which traps moisture and leads to freeze -thaw damage in the adjacent brick, and poor site drainage which allows water run-off to erode the supporting soil. The "brace" which was installed between Bldg 6o8 and Mo did not repair the existing settlement condition. It is not generally common practice to brace structures against one another as improperly doing so can result in damage to both the buildings. Fortunately, that was not the case in this instance. The gutters and downspouts are generally in a state of disrepair on the structures. They are damaged and full of debris. Some discharge at the base of the structure or are no longer connected in some instances. This allows run-off to flow down the face of the brick, potentially causing damage, or as noted above, results in soil erosion and consequently, foundation settlement. 17 S6E 3 OF 4 © G MORNING STAR STLINC). LLC Structural Review So. Dubuque Street Cottages RCCOMMEMD TIOrtS: We recommend mediating the root causes of the deterioration of the structures as noted in the analysis: settlement, differential expansion of materials and moisture. First and foremost, provide new support to the east walls of buildings 610 and 6.14 to mediate the settlement noted there. This can be attained by underpinning the east walls of the structures with frost -protected concrete footings or with a foundation support system such as helical piles. We recommend re -pointing of cracked mortar joints and reconstruction of damaged wall areas. Re -pointing shall include: removal of all hard cement based mortars and caulking used in mortar joints, replacement of brick that have lost their face shell and removal and replacement of hard - fired bricks. Re -pointing and reconstruction should be performed by a qualified re -pointing mason, following the Brick Institute of America guidelines. The repointing or reconstruction mortar shall have proportions closely matching the original mortar and be less compressive and more permeable than the surrounding brick. In addition to the aforementioned issues, use of standard mortar mixes with old brick can result in excessive shrinkage of the mortar or poor bonding of the mortar with the brick. Clean the existing brick with a mild masonry cleaner. Avoid sand blasting and harsh solvents as these may pit or damage the porous surface of the soft brick. Repair or replace gutters and downspouts. Provide proper flashing at the roof eaves. Extend downspouts away from the foundations of the structures to assure proper drainage of run-off. All new construction and repair work shall meet applicable building codes and be performed by certified installers or contractors. Any damage discovered during demolition or repair work should be evaluated by a structural engineer. Our conclusions are based on review of the above information and our field investigation. Should any information become available that materially affects the validity of the aforementioned information, we reserve the right to modify this report accordingly. Sincerely, Sharma M. Duggan, PE MOF,NM STPX STUDIO. LLC l;p.FE" ' •., + g ' SQA s 3 i • DUG `GAN ' t •'••••• •'r• /OMIA I bereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional E gineer under the laws of the State of Iowa Si�awre: � Name: Shams M. Duggan My license renewal date is December 31 2015. Pages, Sherr or Divisions coveted this seal: this report Date Issued: 12.02.14 �pPEnbix � O R 11 1 n 6 S T P R S T U D I O PROJECT NOME. Structure Review *TE: November 24, 2oi4 6o8 So. Dubuque Street PFJOTOS BY: S Duggan Iowa City, IA 1 % Photo A3 A33 East Elevation Page i of 4 V `le M O K N I h 6 S T P R S T U D I O PROJECT "E: Structure Review *TE: November 24, 2014 6o8 So. Dubuque Street PHOTOS BY: S Duggan Iowa City, IA y � s n Photo A5 Partial North Elevation fy p�y�Y 4 Photo A7 Brick Wall and limestone Foundation Page 2 of 4 Photo A8 Trellis "Brace" from Building 610 IM 5 T P R 5 T U D 1 0 GROJECT NOME: Structure Review *TE: November 24, 2oi4 bob So. Dubuque Street PHOTOS BY: S Duggan Iowa City, IA Photo Aii L Basement — Look west Page 3 of 4 Photo Aga Basement — Center support beam O R n I n G S T P R S T U D I O PROJECT Nl ME: Structure Review DATE: November 24, 2014 6o8 So. Dubuque Street PyOTOS BY: S Duggan Iowa City, IA Photo A15 Basement— Northwest corner Page 4 of 4 Photo A16 Basement— Southwest corner L �vPEnbix B `. M O R n l n 6 S T P R S T U D I O PROJECT tIW: Structure Review t�41'e: November 24, 2o14 bio So. Dubuque Street PHOTOS t3Y: 5 Duggan Iowa City, IA Photo Bi West Elevation Page 1 of 6 .. w M O R n I N 6 S T P R S T U D I O PROJECT nom: Structure Review b�TE: November 24, 2014 610 So. Dubuque Street PHOTOS BY: S Duggan Iowa City, IA Photo B7 Northeast Corner— Foundation settlement Page z of 6 ter" pC F_ Photo B8 North Elevation — Mortar joint crack M O R N I n 6 S T P R S T U D I O PROJECT 11PM : Structure Review bl TM- November 24, 2014 610 So. Dubuque Street PHOTOG BY: S Duggan Iowa City, IA Photo Bq Partial East Elevation — Mortarjoint cracks and deterioration, parge coating IN Photo Bil Partial South Elevation — Mortar joint crack and damaged downspout -7 Photo Blo Typical Parge Coating on Foundation Page 3 of 6 Photo B12 Partial South Elevation M O R n I n 6 S T A R S T U D 1 O VRO)t=CT f1PME: Structure Review bol'E: November 24, 2014 bio So. Dubuque Street PHOTOS BY: S Duggan Iowa City, IA Photo B15 Partial West Elevation — Foundation settlement If. Photo B14 South Elevation — Brick removed by others Page 4 of 6 MORN I N G STPR S T U D I O Pr,OJECT NP)E Structure Review *TE: November 24, 2oi4 6io So. Dubuque Street GyOTOS BY: S Duggan Iowa City, IA Photo B18 Attic Roof Framing — Look west Page S of 6 0 M O R N 1 11 6 S T N R S T U D I O PROJECT NAME: Structure Review bOTE: November 24, 2o14 610 So. Dubuque Street PHOTOS BY: S Duggan Iowa City, IA Photo Bea - Basement — Southwest corner 1 R A k 4, .'s i' Photo B2q. Basement— West wall behind access door Page 6 of 6 lop] E �PPEnbix c Q M o R n i n 6 ❑.rr S T P R S T U D I O VRO)ECT 116Me: Structure Review *TE: November 24, 2o14 M4 So. Dubuque Street GyOTOS BY: S Duggan Iowa City, IA Photo C3 Partial East Elevation Page i of 6 L Photo C4 Partial East Elevation M O R n I n G S T P R S T U D I O PROJECT r*ME: Structure Review biOTe: November 24, 2oi4 M4 So. Dubuque Street PHOTOS BY: S Duggan Iowa City, IA Photo C5 Northeast Elevation Page 2 of 6 M O R n i n 6 s T P R S T U D I O PROJECT nPte: Structure Review *TE: November 2.4, xoi4 614 So. Dubuque Street PHOTOS BY: S Duggan Iowa City, IA Photo Coq Basement — View inside brick cavity Page 5 of 6 Photo Czo Basement — Partial west wall MORN I N G S T� R S T U D I O PROJECT NPMt: Structure Review b(TE: November 24, 2074 674 So. Dubuque Street PHOTOS BY: S Duggan Iowa City, IA Photo C23 Basement — Partial east wall (concrete infill'. visible at left) Page 6 of 6 1 -W CITY OF IOWA CITY UNESCO ��CITY OFF LITERATURE Ot-1TY OF IOWR CITY MEMORANDUM Date: December 3, 2014 To: Tom Markus, City Manager From: John Yapp, Development Services Coordinator -7/-v" Re: Notice of Violation for 608, 610 and 614 S. Dubuque St Introduction This memo is to summarize the Notice of Violation ('Notice') issued for 608, 610 and 614 S. Dubuque St (AKA 'the cottages'), what the Notice was based on, and how the Notice of Violation process is administered. Background On November 20, Ted Pacha (the property owner) provided City staff with a copy of a structural engineer's report from VJ Engineering summarizing structural issues with the cottages. The report was signed and certified by a licensed structural engineer. The report identified serious structural issues including deterioration of brick and mortar, deteriorated limestone masonry foundations, differential settlement in walls, and bowing and bulging of walls. The report concludes with the statement "The structures pose a danger to occupants and bystanders. I would strongly recommend the buildings be vacated as soon as possible and be razed." Based on the VJ Engineering report, on November 24 the City issued a Notice of Violation requiring that the structures be vacated, and the nuisance be abated either through repair or demolition. The 'nuisance' in this case was a violation of the City's Dangerous Building Code (see City Code Sections 6-1-21-1 and 17-6). The deadline given to the property owner for abatement was two weeks (Dec 8), which is a typical deadline for nuisances. Analysis It is routine for property owners to need more time to abate nuisances of this nature, and if the property owner has been responsive and has begun the process to abate the nuisance, staff will extend the deadline. In this case, the property owner has taken actions to abate the nuisance; therefore, staff has extended the Dec 8 deadline for vacating the buildings to allow the abatement process to unfold. While the tenants were provided with a copy of the Notice, it is the property owner to whom the notice is directed and it is his obligation to abate the nuisance. The City does not know and does not need to know what the contractual relationship is between the owner and the tenants and has no authority to govern that relationship. The property owner has responsibility for the properties. Second Engineer's Report: On December 2, staff received a second report on the cottages from Morning Star Studio in Cedar Rapids, also signed and certified by a licensed structural engineer. This report also identified deterioration issues, and includes the following recommendations: • We recommend mediating the root causes of the deterioration of the structures as noted in the analysis: settlement, differential expansion of materials and moisture. First and foremost, provide new support to the east walls of buildings 610 and 614 to mediate the settlement noted there. This can be attained by underpinning the east walls of the December 5, 2014 Page 2 structures with frost -protected concrete footings or with a foundation support system such as helical piles. We recommend re -pointing of cracked mortar joints and reconstruction of damaged wall areas. • Repair or replace gutters and downspouts. All new construction and repair work shall meet applicable building codes and be performed by certified installers or contractors. In contrast to the first report, the focus of the recommendations in the second report is to highlight the repairs needed to 'mediate' the settlement, differential expansion of materials and moisture issues. The Morning Side Studio report states that overall, the buildings are structurally sound; however it is silent on whether or not the buildings are habitable until the recommended repairs are made. Conclusion With life safety issues, staff takes a conservative approach. Because the property owner is working on abating the nuisance and progress is being made, staff has extended the deadline on the 'vacate' order while the process proceeds. Staff will not lift the Notice of Violation altogether, as both engineering reports identify significant issues with the buildings. While staff has extended the deadline for the 'vacate' order, the property owner may choose to take action to terminate his relationship with the tenants. The law governs this relationship and should either the property owner or tenants have questions about this matter they should contact their own attorneys. It should be noted the property owner had started the process to evict and/or renegotiate leases before the City issued the Notice of Violation. It should also be noted that in the absence of historic preservation regulations, the property owner has the right to apply for a demolition permit at any time. SAPCD\John\cottages NOV explanation.doc r Jul�..A.� CITY OF IOWA{ CITY MEMORANDUM Date: December 4, 2014 To: City Council From: Eleanor M. Dilkes, City Attorney Qv� Re: 608, 610 and 614 South Dubuque Street At your direction, a Council meeting is being scheduled so that you can discuss whether to set a public hearing on the proposed historic landmark designation of 608, 610 and 614 South Dubuque Street. The agenda indicates that after your discussion you may or may not choose to set the public hearing. This memo will explain the process. An application to designate the properties as historic landmarks and an application for historic landmark overlay rezoning has been filed by the Friends of Historic Preservation. Article E of Chapter 8 of the Zoning Code (14-8E) sets forth the procedures for review of historic landmark applications. In accordance with these provisions, the Historic Preservation Commission (HPC) will hold a public hearing on the application on December 11, 2014. If HPC approves the proposed landmark designation, HPC's report and recommendation along with the application for rezoning will be submitted to the Planning and Zoning Commission for review and recommendation to the City Council. in addition, the proposal will be submitted to the state historic preservation office (SHPO) for its review and recommendations. Once the Council receives the reports of HPC and PBZ it must hold a public hearing and then consider an ordinance designating the properties as historic landmarks. The Council must receive comments from SHPO before it approves, denies or modifies the proposed designation. Pursuant to Section 414.5 of the State Code N the property owner files a protest with the City Clerk objecting to the historic overlay rezoning, approval of the landmark designation will require a super -majority vote of the Council (3/4 or 6 out of 7). Please keep In mind that as with any rezoning, you should not reach a decision until after Council has held the public hearing. In addition, if you choose to have discussions with interested parties outside of the public meetings you will be required to disclose those communications to enable the applicant and the property owner to respond. The property owner has applied for a demolition permit and can obtain the permit on December 10 after the 7 day posting period expires. Pursuant to Section 14 -8D -6(H) of the City Code,the setting of a public hearing suspends development activity that is inconsistent with the proposed landmark designation, including demolition, for a period of 60 days. The suspension applies to the issuance of a demolition permit or a permit that has been issued N "no substantial part" of Me demolition has begun. While the required public hearing infront of Council cannot be held until Council receives the reports and recommendations of HPC and PBZ. the Countsl may, if it chooses, set the public hearing before it receives the reports if it desires to prevent demolition for a period of 60 days while the matter is being considered. As usual, the setting of the public hearing requires a simple majority. Please give me a call if you have questions. Cc: Tom Markus, City Manager Marian Karr, City Clerk Geoff Fruin, Assistant City Manager Doug Boothroy, Director NDS John Yapp, Coordinator of Development Services THEO RESOURCES, LLC December 5, 2014 Friends of Historic Preservation Attn: Alicia Trimble P.O. Box 2001 Iowa City, IA 52244 Dear Alicia: There has been a lot of interest shown by Friends of Historic Preservation to the property located at 608, 610 and 614 S. Dubuque Street in recent weeks. I am attempting to sell the real estate because of health concerns over recent years which have been discussed at many meetings. I have been surprised by the amount of interest in the buildings at 608, 610, and 614 S. Dubuque Street and the amount of conflict that has resulted. I want to try to make an offer to hopefully resolve the conflict. As you know, I am of the opinion based upon the report of James Jacobs of VJ Engineering that the buildings are in danger of collapse, masonry walls of the structures are beyond their useful life, and are unstable and the structures pose a danger to the occupants and bystanders. I am also of the opinion that the same condition would not stand the stress associated with jacking and moving. I, however, understand that you believe the condition of the structural integrity of 608, 610 and 614 S. Dubuque Street, Iowa City, Iowa differs from mine. If you feel strongly in that position, I am willing to offer to donate the three buildings and $25,000 per building toward the cost of moving each of the buildings. This offer would be contingent upon Friends of the Historic Preservation making arrangements for the moving of the buildings within a mutually agreeable time, obtaining appropriate insurance, releasing Theo Resources, LLC from any and all liability and indemnifying Theo Resources, LLC from any and all liability in connection with the buildings until they are relocated and which may arise in connection with the moving of the building. This offer will be open for 30 days. I would appreciate it if you would please review this letter and let me know if it can form the basis of a resolution of the current conflict. Sincer, Theodore H. Pacha, Manager Theo Resources, LLC Copy to: Iowa City Historical Preservation Commission Iowa City City Council PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA - c, CITY OFIQ6Y,t CITY We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following propertyj and object to any landmark designation of the following property: The classification and/or rezoning of 608, 6102 614 S. Dubuque Street, Iowa City, Iowa as historic landmarks, and any designation of such properties or structures for historic or landmark designations. This protest is signed and acknowledged with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with Section 414.5 of the Code of Iowa. Property Address: 602, 604, 608, 610, 614, 620, 628 S. Dubuque Street 225, 225k E. Prentiss Street, Iowa City, Iowa Property Owner(s); Theo Resources, LLC By: 7heodore accha�, Manager By: INDIVIDUAL PROPERTY OWNER(S): STATE OF IOWA ) JOHNSON COUNTY) ss: r-, CA This instrument was acknowledged before me on _ December 5, 2014 (Date) by Theodore H. Pacha as Manager of Theo Resources, LLC (name(s) of individual property owner(s)). AUTHORIZED REPRESENTATIVE SIGNING FOR PROPERTY OWNER(S): STATE OF IOWA ) JOHNSON COUNTY) ss: This instrument was acknowledged before me on (Date) by (name(s) of person(s)) as (type of authority, such as officer, trustee) of (name of property owner) . Notary Public in and for the State of Iowa Orig: Subd Folder 02/2013 Cc: CA — PCD - Council - Media Fild Engineering — surveying 11/20/2014 VJ engineering 2570 holiday road, suite 10 Coralville, iowa 522.41 Ph: (319) 338-4939 fax: (319) 338-9457 Structural Evaluation of. 608, 610, and 614 S. Dubuque St. Iowa City, Iowa The three buildings evaluated for structural adequacy were very similar in the following components: 1. Wood framed first floor at Dubuque Street elevation +/-. 2. Walk out basement to East 3. Approximately 17' wide x 28' long inside dimensions. 4. Limestone rubble masonry below grade with 2 wythe brick masonry above grade. 5. Wood rafter framed pitched roofs with asphalt shingles. All of the brick masonry walls are composed of soft brick with lime mortar. The brick and mortar are extremely deteriorated. In most exterior locations the mortar is essentially powder and can be easily raked out. Many of the brick units are also deteriorated and have little strength. This deterioration is the result of moisture intrusion and freeze -thaw cycles. The limestone rubble masonry below grade also has extremely deteriorated mortar. It also appears from soil probes near the east ends that the foundation walls do not extend to frost depth. As a result of the deteriorated masonry the walls are experiencing differential settlement and bowing/cracking. The differential settlement is the result of the mortar loss and the fact that the east ends of the structures do not have frost protected footings. The bowing and bulging of the walls is the result of dimensional changes of the brick as large amounts of water are absorbed and freeze -thaw action. I have been asked whether moving the structures or repair of the structures is possible. The structures are in danger of collapse as is and certainly could not stand the stresses associated with jacking and moving. This would be extremely dangerous to attempt. Likewise repair of the walls is not possible because of the extent of deterioration. The masonry walls of structures are beyond their useful life and are unstable. The structures pose a danger to occupants and bystanders. I would strongly recommend the buildings be vacated as soon as possible and be razed. /� Fer ertify that this engineering document was prepared and the related engineering work p SS°l�h/i,. mned by me or under mydirect personal supervision and that I am a duly Licensed .`�Q '•° °•�:1►I Engineer der I a��s )I'the Sta c of Iowa. 4. I� QQ U_ 8895 : Z James C Jacob�r.E. License #08895 Date James C. • m` j.• • rh— My lie se renewal date is I)cccmlic 31, 2015 Jacob 'X • • ° .. •' •��`�� Pages or sheets covered by this seal: VJ Engineering ��AU\ DEPARTMENT OF rsxn*s nnAwarmz covcnwon "�vw�u^�/rnx^m/��n/�m mmnerwo�os o �ovmmox ��U����� ���kK�� w,"w�om":xrvunnoxnmnnwm w�nvcowm/somscroe cHn/s*nmwcn�ospur/ums�ux Paula A.Mohr, Ph.D. Architectural Historian Certified Local Governments Coordinator sr^rc w/s,muuo/mu ~ 600u i o,s nmmco .^suyzs ` p 515 ;161 au, . cuuvn^� A,r:m�oau December 24,ZO14 Mr. Robert MiNo Senior Planner City ofIowa City 41OEast Washington Street Iowa City, Iowa 52Z40-1826 . Dear Mr. PNiNo ' Thank you for sending the landmark nomination for 608, 610, and 614 South Dubuque Street to our off ice for review and comment. VVehave reviewed the documentation for these buildings and concur that they are eligible for landmark designation under Title l4ofIowa City's City Code. N11 (11, E U6,1 These brick buildings represent an important vernacular form that combines classicism with picturesque architecture, the latter of which became popular beginning in the mid -nineteenth century. Specifically, the overall form with its gable front is a reference to a Greek Revival M 0temple front asisthe deep frieze board otthe gables. The picturesque details are the decorative |ta|ianatebrackets and the asymmetrical door placement. Whoever was responsible for constructing these buildings was aware of prevailing architectural trends and created a design that had stylish details but was also economical. Assuch, these buildings represent atype of rental housing that usually does not survive. These buildings, because oftheir architectural dedgnandthesocio'economicpupu|ationforwhichtheywerebui|t'teUanimpurtantstory about Iowa City's history and architecture in the nineteenth century (Criterion A). While not without alterations, the buildings retain good to very good integrity in the aspects of location, design, setting, materials, and workmanship and certainly their nineteenth-century builder and the families who lived there originally would recognize them if they were to come back to life $P ES ������� (Criterion B). These buildings also stand as examples of the growth and development of Iowa City following the Civil War (Criterion Q. Finally, the buildings possess distinctive characteristics as described above that make them good examples of housing from the post -Civil War period (Criterion E), in closing, these three buildings represent an important and rare building type and the fact that three of these buildings survive in a row only elevates their significance. Thank you again for giving usthe opportunity toreview this landmark nomination. Paula A.Mohr, Ph.D. Architectural Historian Certified Local Governments Coordinator sr^rc w/s,muuo/mu ~ 600u i o,s nmmco .^suyzs ` p 515 ;161 au, . cuuvn^� A,r:m�oau Marian Karr From: Sent: To: Subject: Attachments For the Council packet John Yapp Tuesday, January 13, 2015 3:49 PM Marian Karr FW: Cottage Support John Yapp.docx From: James Margadant [mailto:jmargada@gmaii.com] Sent: Tuesday, January 13, 2015 3:27 PM To: John Yapp Subject: Cottage Support John Yapp Attached is a letter of support of preserving the historic cottages. thank you, James Margadant John Yapp We, as concerned citizens of Iowa City, write this letter in support of the efforts to save the two remaining Dubuque Street Cottages. We believe the cottages should be saved in an effort to save the history of the working class people that built this country. It's wonderful when giant mansions are restored and saved or historic public buildings are preserved, but devaluing working class architecture ignores the common man at best or at worst erases their history. It's especially important when the climate of this nation more and more disenfranchises the working class. In addition, we find the cottages to be beautiful, a charming feature of Iowa City's landscape and remain functional even today. We hope that the cottages are not only saved but saved as historic landmarks. Thank you, James Margadant Tony Ventura Andrew Ostroot Kirsten Phillips Seth McNeish Donna Jean Butterbaugh Andy Cronbaugh Shana Prescott Marian Karr From: John Yapp Sent: Thursday, January 08, 2015 9:08 AM To: Marian Karr Subject: Fwd: COTTAGES FYI see below new version of Maynard email Sent from my Whone Begin forwarded message: From: Jerry maynard <iamaynardgmchsi.com> Date: January 7, 2015 at 6:53:29 PM CST To: <john-ygpp ,Iowa-City.org> Subject: Fwd: COTTAGES John: Please make the corrections I have made in the paragraph below. The previous one had some errors. Jerry Begin forwarded message: From: Jerry maynard <jamaynard(D-mchsi.com> Date: January 7, 2015 11:08:18 AM CST To: john-yapp(a-lowa-City.org Subject: COTTAGES John. It would be absolutely ridiculous for the city not to recognize the remaining cottages and the railroad station as Historic Structures. These are way older than other areas in the city classified as historic structures. The area on the corner of Summit and Court street is designated as historical and some of those houses had additions added on around 1950 or so that do not even meet the standards for being a Historical District except for one single house down the street on Court which I think was one of the early Governor mansions. These cottages were built way back around 1850 and-[ think it was said that the 1 individual who destroyed the one did so without waiting for the city to review the request by the historical committee. Because of this the city should require him to re-create the same structure. Even tho it wouldn't be the original it would still have the original appearance so new comers to Iowa City would know what this area looked like back in the middle 1850's. I've lived in this town and close to that area since 1965 and a lot of the city actions frankly have been totally disgusting. If it wasn't for the University where I was employed for 39 years I would have left long ago. The only real meaningful historical district in the whole town is that one block area and to destroy this will destroy the history all newcomers to town will never know or see. The council must stop this immediately. Jerry Maynard 26 Montrose Ave. Iowa City, IA. 52245 z Marian Karr From: John Yapp Sent: Wednesday, January 07, 2015 5:27 PM To: Marian Karr Subject: FW: Cottages For Council packet -----Original Message ----- From: Holden, Palmer J [mailto:pholden@iastate.edu] Sent: Wednesday, January 07, 2015 5:17 PM To: John Yapp Subject: Cottages Private property rights should not be over-ridden without compensation. Let the preservationists buy the property. Dr. Palmer Holden ISU Emeritus Prof. 15 Mary Court Iowa City, IA 52245 515-231-5543 Marian Karr From: John Yapp Sent: Wednesday, January 07, 2015 4:42 PM To: Marian Karr Subject: FW: Dubuque St Cottages Another one for the Council packet From: groutmar@aol.com [mailto:groutmar@aol.com] Sent: Wednesday, January 07, 2015 4:06 PM To: John Yapp Subject: Dubuque St Cottages Too late to save, no interest until owner chooses to demolish, which he has every right to do. '92 "master plan" means nothing after so many years without action. Pascha is an upstanding member of this community and does not deserve this treatment. He is not required to sell or repair HIS property. There isn't enough documented history of these cottages to make such a stink. The renters have been provided more than fair and ample treatment over the years. Shame on them and shame on 'friends' of historical preservation for their lack of regard for the property OWNER. The 'friends' of historical preservation should first and foremost be good neighbors and this means working WITH property owners in a timely manner, not after plans they don't like, or agree with, have been implemented. Sunny M. Marian Karr From: John Yapp Sent: Wednesday, January 07, 2015 3:35 PM To: Marian Karr Subject: FW: Destruction of Iowa City History For the Council packet — cottages. From: Dennis Detweiler [mailto:detsolon2@webtv.net] Sent: Wednesday, January 07, 2015 2:33 PM To: John Yapp Subject: Destruction of Iowa City History I'm 66 years old and was raised in the north end of Iowa City and moved to Solon 33 years ago because Iowa City started losing it's historical heritage. It didn't look like home anymore. Money and big business talks in Iowa City and the rest of us have to leave it to memory. "Change and Progress" is the sorry excuse for what? Downtown has slowly been destroyed of it's heritage and character. An ugly flat exterior paneled hotel sits in the middle of the street blocking easy access to downtown from Dubuque street. A pedestrian mall blocks convenience to shops while parking is an expensive pain. The historic brick streets are gone or covered with asphalt in many areas of town. Too many ignorant ideas over the past 50+ years. I recall a few decades ago when the City government decided the downtown store fronts had to change the street entry doors on shops to swing inward to avoid hitting pedestrians. Then, figured out it was a fire trap and everyone had to change back again. The generation that built those buildings had it figured out long ago. When you destroy historical buildings, you can't change your mind afterwards. Back scratching big shots are making the decisions and lining their pockets while the City government plods along in need of a brain transplant. If you're not from Iowa City and just here for the money, political stature or architectural fame without regard for the town's heritage, find another town. Dennis Detweiler Solon, Iowa Marian Karr From: John Yapp Sent: Wednesday, January 07, 2015 12:07 PM To: Marian Karr Subject: FW: Historic? For correspondence associated with the cottages, for the Jan 20 packet From: Bob Elliott [mailto:elliottb53@aol.com] Sent: Wednesday, January 07, 2015 11:03 AM To: John Yapp Subject: Historic? Hello John: In an opinion piece in today's Press -Citizen, Pam Michaud encouraged readers to write to you about historic preservation concerns. As a result, I'm taking this opportunity to express my hope that you and your city staff colleagues, as well as city council members, are concerned about well intentioned, but misguided, efforts to take away property owners' property rights based on questionable historic preservation assumptions. For instance, I believe the old train station adjacent to South Dubuque Street has rather significant historic value for reflecting architecture, rail transportation, and society priorities of days gone by. But those two remaining crumbling structures on S. Dubuque clearly lack sufficient historic value to compensate for taking away the owner's property rights. I agree with my former newspaper colleague, Bob Hibbs, that well meaning Friends of Historic Preservation are too often over zealous in their views about historic values and limiting property owners' rights. Best wishes. Bob Elliott Iowa City From: Kelsey Pacha <mail@changemail.org> Sent: Monday, December 15, 2014 3:09 PM To: PlanningZoning Public Subject: New petition to you: Tell P&Z to Defer Their Vote Until They Have All the Facts! Dear Iowa City Planning and Zoning Commission, Kelsey Pacha started a petition "Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts!" addressed to you on Change.org that's starting to pick up steam. Change.org is the world's largest petition platform that gives anyone, anywhere the tools they need to start, join and win campaigns for change. Change.org never starts petitions on our own — petitions on the website, like "Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts! % are started by users. While "Iowa City Planningi and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts!" is active, you'll receive an email each time a signer leaves a comment explaining why he or she is signing. You'll also receive periodic updates about the petition's status. Here's what you can do right now to resolve the petition: Review the petition. Here's a link: http•//www change org/p/iowa-city-planning-and- zoning-commission-tell-p-z-to-defer-their-vote- until-they-have-all-the-facts See the 5 signers and their reasons for signing on the petition page. Respond to the petition creator by sending a message here: http•//www change org_/p/iowa-city-planning-and- zoning-commission-tell-p-z-to-defer-their-vote- until-they-have-all-the- facts/responses/new?response=e469f9aa674b Sincerely, Change. org There are now 5 signatures on this petition. Read reasons why people are signing, and respond to Kelsey Pacha by clicking here: http: //www. change. org/p/iowa-c ity-planning- and-zoning-commission-tell-p-z-to-defer-their- vote-unti 1 -they- have -al 1-the- facts/responses/new?response=e469f9aa674b 548 Market St #29993, San Francisco, CA 94104-5401, USA Contact us • Privacy_polia IX From: mail@changemail.org Sent: Monday, December 15, 2014 3:09 PM To: PlanningZoning Public Subject: 5 more people signed "Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts!" 1 --[--- New signatures Iowa City Planning and Zoning Commission — This petition addressed to you on Change.org has new activity. See progress and respond to the campaign's supporters. Iowa City Planning and Zoning X Commission: Tell P&Z to Defer Their Vote, Until They Have All the Facts! Petition by Kelsey Pacha 5 supporters 5 more people signed in the last 3 hours Recent supporters 12 Debra Pacha X Iowa City, IA • Dec 15, 2014 I have lived in Iowa City all my life. There are plenty of buildings and homes that have been torn down throughout the years. Many have held various memories to me and it has made me sad to let go of that part of my history in this city. Sometimes, we don't have a choice and this time is one of them. I think it is very sad that the Friends of Historic Preservation feel the need to bully and slander people in this society to achieve what they want, at the owner's cost and reputation in this community. I think we need to work together in this community to have some rules so that people can not come in at the last minute to disrupt this process. Alex Pacha 19 Iowa City, IA • Dec 15, 2014 It's better to have all the facts Kristin Fuhrmann Riverside, IA • Dec 15, 2014 Bradley Fuhrmann Riverside, IA • Dec 15, 2014 Kelsey Pacha , . Dec 15, 2014 View all 5 supporters Change.org for decision makers On Change.org, decision makers like you connect directly with people around the world to resolve issues. Respond to let the people petitioning you know you're listening, say whether you agree with their call to action, or ask them for more information. Learn more. This notification was sent to plannin zg oningkiowa-city.org, the address listed as the decision maker contact by the petition starter. If this is incorrect, please post a response to let the petition starter know. Change.org - 548 Market St #29993, San Francisco, CA 94104-5401, USA From: mail@changemail.org Sent: Monday, December 15, 2014 8:04 PM To: PlanningZoningPublic Subject: 5 more people signed "Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts!" Z w---- z-- New signatures Iowa City Planning and Zoning Commission — This petition addressed to you on Change.org has new activity. See progress and respond to the campaign's supporters. Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts! Petition by Kelsey Pacha 5 supporters 5 more people signed in the last 2 hours Recent supporters Ann Rhodes Iowa City, IA • Dec 16, 2014 A property owner should have the right to determine the use of his property. Lori Lacina X Solon, IA • Dec 16, 2014 I am signing as a lifelong resident of Iowa City, until a move to Solon this summer. I have witnessed first hand many times how a minority faction with an agenda can manipulate a situation. Mr. Pacha is the owner of the properties, they are a significant safety hazard and need to be razed. 1 12 Verne Nelson Iowa City, IA • Dec 16, 2014 The process of obtaining information by the Friends of Historical Preservation about the historical benefit, value and significance to the community of the Dubuque street properties has been incomplete. The property owner was attempting to provide an opportunity for a developer to redevelop the property consistent with the long term plan and vision developed by the City of Iowa City. He needs to be allowed to continue with the necessary approvals by the City so the continued rejuvenation of South of Burlington "can happen. William Burkett Iowa City, IA • Dec 16, 2014 This whole process has been bogus! Its time to put our resources to work eliminating all the crime in this city and leave the citizen/tax payer, who is trying to improve this city, alone! Those buildings are trash and an eye sore. SHARON PETRONE Prescott Valley, AZ • Dec 16, 2014 In the interest of fairness and proper procedure, delaying the vote in order to get all the CORRECT information is the only logical approach. View all 10 supporters Change.org for decision makers On Change.org, decision makers like you connect directly with people around the world to resolve issues. Respond to let the people petitioning you know you're listening, say whether you agree with their call to action, or ask them for more information. Learn more. From: mail@changemail.org Sent: Monday, December 15, 2014 8:40 PM To: PlanningZoningPublic Subject: 5 more people signed "Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts!" New signatures Iowa City Planning and Zoning Commission — This petition addressed to you on Change.org has new activity. See progress and respond to the campaign's supporters. Iowa City Planning and Zoning X—= Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts! Petition by Kelsey Pacha • 5 supporters 5 more people signed in the last 23 minutes Recent supporters 12 Thomas Gill X Coralville, IA • Dec 16, 2014 This is a historic commission, they have no power, they serve as an advisory group only, and have no expertise. This is the same group that believes the poor farm is historic. The buildings may be considered historic, but Dirt is not historic Sandy Gannon X Iowa City, IA • Dec 16, 2014 Trust the engineer's recommendation. What many "historic preservationists" turn a blind eye to, is that just because something is old, doesn't mean it has historic value or should be save. Kristina Lloyd X Iowa City, IA • Dec 16, 2014 1) This is a terrible precedent to set. Iowa City can interfere with private property owners over irrational nostalgia? What about all the other 'cottages' like these that were torn down over the years without a word of protest? Does Iowa City want local owners? If so, let local owners do business as they see fit. 2) Make this man a fair offer or get out of his way. 3) It's going to cost a fortune to keep these buildings standing. It's not possible to wish a building back to being structurally sound and the owner can't be forced to assume the liability just because the city would like these to be historically significant buildings (they aren't, I didn't even know they were here and I've lived in IC my entire life!) Chad Reimers 19 Coralville, IA • Dec 16, 2014 John Phelan 12 Cedar Rapids, IA • Dec 16, 2014 View all 5 supporters Change.org for decision makers On Change.org, decision makers like you connect directly with people around the world to resolve issues. Respond to let the people petitioning you know you're listening, say whether you agree with their call to action, or ask them for more information. Learn more. From: mail@changemail.org Sent: Tuesday, December 16, 2014 8:54 AM To: PlanningZoning Public Subject: 10 more people signed "Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts!" _fyl i New signatures Iowa City Planning and Zoning Commission — This petition addressed to you on Change.org has new activity. See progress and respond to the campaign's supporters. Iowa City Planning and Zoning x Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts! Petition by Kelsey Pacha • 10 supporters 10 more people signed in the last day Recent supporters Scott Pantel x Cedar Rapids, IA • Dec 16, 2014 Because I don't like strong arm tactics by Friends of Historic Preservation. linda fobian X Iowa City, IA • Dec 16, 2014 we need to preserve historic parts of our fine city. Ron O'Neil 12 Coralville, IA • Dec 16, 2014 roger simpson X Iowa City, IA • Dec 16, 2014 Elaine Pacha Iowa City, IA • Dec 16, 2014 View all 10 supporters Change.org for decision makers On Change.org, decision makers like you connect directly with people around the world to resolve issues. Respond to let the people petitioning you know you're listening, say whether you agree with their call to action, or ask them for more information. Learn more. This notification was sent to plannin zg oning@iowa-city.org, the address listed as the decision maker contact by the petition starter. If this is incorrect, please post a reponse to let the petition starter know. Change.org • 548 Market St #29993, San Francisco, CA 94104-5401, USA From: mail@changemail.org Sent: Tuesday, December 16, 2014 10:16 AM To: PlanningZoningPublic Subject: 10 more people signed "Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts!" r--1 New - New signatures Iowa City Planning and Zoning Commission — This petition addressed to you on Change.org has new activity. See progress and respond to the campaign's supporters. Iowa City Planning and Zoning X Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts! Petition by Kelsey Pacha - 10 supporters 10 more people signed in the last 2 hours Recent supporters X 12 Kathy Stepp North Liberty, IA • Dec 16, 2014 If the Friends of Historic Preservation want to purchase the buildings and assume the responsibility for upkeep and safety, they should make an offer. Anthony Weiler x Iowa City, IA - Dec 16, 2014 Anthony R. Weiler 1 J. Patrick White 19 Iowa City, IA • Dec 16, 2014 Its fundamentally unfair to the property owner to assert historic value at this point & every old building does not have value. Kevin Digmann Iowa City, IA • Dec 16, 2014 I believe in property rights and I don't believe a group and any kind should be able to force a land owner to do something with their property they do not agree with. Only time I would support taking someones property would through a condemnation process for the greater good of all. 12 Roy Browning Iowa City, IA • Dec 16, 2014 This makes sense. View all 10 supporters Change.org for decision makers On Change.org, decision makers like you connect directly with people around the world to resolve issues. Respond to let the people petitioning you know you're listening, say whether you agree with their call to action, or ask them for more information. Learn more. This notification was sent to plannin z_g_ oninggiowa-cit�org, the address listed as the decision maker contact by the petition starter. If this is incorrect, please post a response to let the petition starter know. Change.org - 548 Market St #29993, San Francisco, CA 94104-5401, USA From: mail@changemail.org Sent: Tuesday, December 16, 2014 11:18 AM To: PlanningZoningPublic Subject: 10 more people signed "Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts!" „ _�—. z- New signatures Iowa City Planning and Zoning Commission – This petition addressed to you on Change.org has new activity. See progress and respond to the campaign's supporters. Iowa City Planning and Zoning X ` Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts! Petition by Kelsey Pacha • 10 supporters 10 more people signed in the last 2 hours Recent supporters 12 x Zach Kenyon Iowa City, IA • Dec 16, 2014 I feel that this development will bring added value to Iowa City and that there is no reason to preserve those buildings. It is outrageous to think that those tenants refused to keep up their place of business this long and now see the buildings as historical. If they weren't important then, they shouldn't be viewed as important now. Kathy Stepp X North Liberty, IA - Dec 16, 2014 If the Friends of Historic Preservation want to 1 purchase the buildings and assume the responsibility for upkeep and safety, they should make an offer. dale dlouhy X Iowa City, IA • Dec 16, 2014 Dan Power 2 North Liberty, IA • Dec 16, 2014 ®James Balmer Iowa City, IA • Dec 16, 2014 View all 10 supporters Change.org for decision makers On Change.org, decision makers like you connect directly with people around the world to resolve issues. Respond to let the people petitioning you know you're listening, say whether you agree with their call to action, or ask them for more information. Learn more. This notification was sent to plannin z oning-niowa-city ora, the address listed as the decision maker contact by the petition starter. If this is incorrect, please post a response to let the petition starter know. Change.org • 548 Market St #29993, San Francisco, CA 94104-5401, USA From: mail@changemail.org Sent: Tuesday, December 16, 2014 2:13 PM To: PlanningZoningPublic Subject: 10 more people signed "Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts!" ,�_—�-- New signatures Iowa City Planning and Zoning Commission — This petition addressed to you on Change.org has new activity. See progress and respond to the campaign's supporters. Iowa City Planning and Zoning X Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts! Petition by Kelsey Pacha • 10 supporters 10 more people signed in the last 3 hours Recent supporters Ken Duncan X Coralville, IA • Dec 16, 2014 I support Ted Pacha's project. John Steffen ` North Liberty, IA • Dec 16, 2014 Moved from IC to North Liberty a few years back, and still love visiting IC w/ my family. The improvements the city has made over the past 10 years to the downtown area have been great and more welcoming for people to come in and support local businesses. Cleaning up deteriorating buildings a definite plus! I used to 1 live a few blocks from this location, and I do not understand any public concern for removing these "cottages". I agree there are some great historic buildings in IC which are fantastic structures, for which maybe there is some grounds for discussion - but these 3 smaller residences do not fit that bill in my opinion. And regarding the safety concerns, Listen to the engineer! CERTIFIED professional to make this call, with a couple engineering degrees myself, I do not understand why/how the P&Z is even entertaining this Friends request. Cynthia Rohret-Schmidt Ed Johnston, IA • Dec 16, 2014 Citizens need to know the facts. Amanda McCreedy ` Hills, IA • Dec 16, 2014 Lindsay Nash North Liberty, IA • Dec 16, 2014 View all 10 supporters Change.org for decision makers On Change.org, decision makers like you connect directly with people around the world to resolve issues. Respond to let the people petitioning you know you're listening, say whether you agree with their call to action, or ask them for more information. Learn more. This notification was sent to plannin zg oninggiowa-city.org, the address listed as the decision maker contact by the petition starter. If this is incorrect, please post a response to let the petition starter know. From: mail@changemail.org Sent: Tuesday, December 16, 2014 5:41 PM To: PlanningZoning Public Subject: 10 more people signed "Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts!" New signatures Iowa City Planning and Zoning Commission — This petition addressed to you on Change.org has new activity. See progress and respond to the campaign's supporters. Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts! Petition by Kelsey Pacha • 10 supporters 10 more people signed in the last 5 hours Recent supporters Patrick Cashman X Iowa Coty, IA • Dec 16, 2014 The tactics of the Friends of Historic Preservations seem to be attempting preservation of Pacha's buildings 608, 610 and 614 without due cause simply because Mr. Pacha wants to Re - Zone his propert which he has owned for 40 years. There is a big difference between a goal. and opportunity in this case Brett Lincoln Iowa City, IA - Dec 16, 2014 I believe it's the right thing to do. 1 Terrance Riley Iowa City, IA • Dec 16, 2014 Beth Fitzgerald X Iowa City, IA • Dec 16, 2014 Amanda Remington 12 Iowa City, IA • Dec 16, 2014 View all 5 supporters Change.org for decision makers On Change.org, decision makers like you connect directly with people around the world to resolve issues. Respond to let the people petitioning you know you're listening, say whether you agree with their call to action, or ask them for more information. Learn more. This notification was sent to planningzoning a,iowa-city.org, the address listed as the decision maker contact by the petition starter. If this is incorrect, please post a response to let the petition starter know. Change.org • 548 Market St #29993, San Francisco, CA 94104-5401, USA From: mail@changemail.org Sent: Wednesday, December 17, 2014 10:23 AM To: PlanningZoning Public Subject: 10 more people signed "Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts!" 1 New signatures Iowa City Planning and Zoning Commission — This petition addressed to you on Change.org has new activity. See progress and respond to the campaign's supporters. Iowa City Planning and Zoning-= Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts! Petition by Kelsey Pacha'• 10 supporters 10 more people signed in the last day Recent supporters Marie Pacha Iowa City, IA • Dec 17, 2014 Friends of Historic Preservation ignored normal process for obtaining their goal and instead operated in an underhanded manner, even to the extent of misrepresenting facts about the signifigance of the buildings. It is horribly wrong to allow one group to prevent the individual who has paid taxes on those buildings for years to manipulate the system in this manner and do what he wishes with property he owns. 11 April Rouner 1 Iowa City, IA • Dec 17, 2014 I believe a property owner has the right, within legal means, to decide the future of his/her property. In this case, the buildings have been determined to be unsafe and have not been proven to be historical to the general populous ... Mr. Pacha should be able to continue with his plans for the property without incurring additional costs and delays. Bobbi Houselog X Iowa City, IA • Dec 17, 2014 Defer their vote until all the facts are in and judge these buildings based on facts please and not other agendas. Thomas Robinson Iowa City, IA • Dec 17, 2014 I back Ted Pacha! Krista Poulsen-Frandsen X Iowa City, IA • Dec 17, 2014 Ted Pacha has lived in the Iowa City area all of his life. He is a smart businessman and cares about the city in which he grew up in, and raised his own family. He is a collector of vintage, and cares about preservation and maintaining original history. That is not the case here.The buildings are structurally un -sound. I stand with Ted Pacha. View all 10 supporters Change.org for decision makers On Change.org, decision makers like you connect directly with people around the world to resolve issues. Respond to let the people petitioning you know you're listening, say whether you agree with their call to action, or ask them for more information. Learn more. From: mail@changemail.org Sent: Wednesday, December 17, 2014 1:42 PM To: PlanningZoning Public Subject: 10 more people signed "Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts!" �w-1---- New signatures Iowa City Planning and Zoning Commission - This petition addressed to you on Change.org has new activity. See progress and respond to the campaign's supporters. Iowa City Planning and Zoning Commission: Tell P&Z to Defer Their Vote Until They Have All the Facts! Petition by Kelsey Pacha - 10 supporters 10 more people signed in the last 5 hours Recent supporters Matt Brown X Iowa City, IA • Dec 17, 2014 I'm signing because I'm sick of the "Friends" trying to tell private organizations what they can and cannot do with their private property. They exert way to much influence in this town, and they need to be curtailed. Marie Pacha X Iowa City, IA • Dec 17, 2014 Friends of Historic Preservation ignored normal process for obtaining their goal and instead operated in an underhanded manner, even to the 1 extent of misrepresenting facts about the signifigance of the buildings. It is horribly wrong to allow one group to prevent the individual who has paid taxes on those buildings for years to manipulate the system in this manner and do what he wishes with property he owns. April Rouner X Iowa City, IA • Dec 17, 2014 I believe a property owner has the right, within legal means, to decide the future of his/her property. In this case, the buildings have been determined to be unsafe and have not been proven to be historical to the general populous ... Mr. Pacha should be able to continue with his plans for the property without incurring additional costs and delays. Mike Crawford Iowa City, IA • Dec 17, 2014 ®Morgan Weinert San Francisco, CA • Dec 17, 2014 View all 10 supporters Change.org for decision makers On Change.org, decision makers like you connect directly with people around the world to resolve issues. Respond to let the people petitioning you know you're listening, say whether you agree with their call to action, or ask them for more information. Learn more. This notification was sent to plannin zg oning_giowa-city.org, the address listed as the decision maker contact by the petition starter. If this is incorrect, please post a response to let the petition starter know. Hi, my name is Kelsey Pacha, and I am the property owner, Ted Pacha's, oldest son. I would like to offer you a perspective that has not been heard in the past few weeks regarding the old buildings on Dubuque St. I am currently in graduate school in Berkeley, CA, but I grew up in Iowa City and lived here as recently as 2012. I have seen many, many changes as the result of development and rezoning in Iowa City, not all of which I agreed with. I'm here tonight to comment on some of the claims made in the Friends of Historic Preservation's application to the state to declare these three buildings as state historic landmarks, and also to comment briefly on the process. The first item I will call your attention to is on p. 7 of the application where Alicia Trimble, author of the application, claims that the Actualist poetry movement is "the only literary movement to have its roots in North America" (this is also included in the cover letter to your organization). Obviously, this is a glaring error—Iowa City's own Prairie Lights Bookstore is named for San Francisco's City Lights Bookstore, which is where the first Beat, or Beatnik poetry by Allen Ginsburg and Jack Kerouac was published, although the movement, like the Harlem Renaissance and several others, began in New York. A host of other literary movements, such as American Romanticism or the Spoken Word movement, also started in America, to say nothing of movements started in Canada, Mexico, or islands of the Caribbean. Much of the information presented about the earliest owners and apparent occupants of the buildings is based on census material, which, as the application states, gives very little information (in the case of Jacob Beard's wife, contradictory information) about what purpose the buildings served. The information about property owner Charles Berryhill, who it states "certainly did not live" in the buildings (p. 7), for example, does not seem relevant to those who did. Most what is presented under the "Early Settlers" heading is speculative, and tells us more about who owned the land and whatever buildings might have been there at the time, as the application also acknowledges that there are no documents that explicitly state when these so-called "cottages" were erected (p. 4, under "Architectural Features"). A historical evaluation by an architectural historian, Richard Carlson (referenced in the application), states that he believes the buildings were built between 1867- 1873. Thus any information about Jacob Beard or the Hoffelders, who owned the land prior to 1868, is not relevant to the actual buildings. The report both states that the families who owned and lived in the buildings were some of the wealthiest in Iowa City (i.e. Beard and Berryhill) but also, on p. 7, that they are "some of the last remaining intact representations of working class Iowa Citizians" of the time of the early railroad district (p. 7, last sentence before "Modern History—The Actualist Poetry Movement" section). So which is it? Were the early occupants of the buildings wealthy, or working class? The infamous Mormon Trek is also mentioned, without any proof of these buildings' connection to it—the Mormon Trek area, in fact, is several miles to the west of these buildings! There are also multiple spelling and grammar errors which I assume are the result of hurried writing (for a few illustrative examples, see end of last paragraph under "Description" on p.4, where a period or perhaps additional phrase is missing at the end of the last sentence, using apostrophes when referring to family names, p. 6 "in route" rather than "en route," etc.) I bring this to your attention not to nitpick but to point out how haphazard the information being presented is—if such a sweeping erroneous claim about "the only literary movement with roots in North America" can be made without question, what other claims by the Friends are simply wrong, whether to inflate the buildings' importance or because these reports are being thrown together at the last minute? Because Trimble did not work with the property owner, she did not have access to the state "plat book" that he is in possession of, which could offer additional information or insights. While there are many sources listed at the end of the document to support the author's claims, several of these claims are based on personal emails exchanged with one of the tenants to support dubious claims about whether materials were local or not (last sentence under first paragraph of "Architectural Features," p. 4). These emails are not listed under the "Bibliographical References" section, and I'm not sure how one would verify these statements. As I understand it, it is highly unusual for someone who is not working with a property owner to apply for any kind of historic landmark status. It seems to me an assumption was made that he would not have welcomed it, when in fact, he would have been glad to help—any time in the last 18 years before he decided to sell the property. He has been steward of these buildings to the best of his ability, but he has been told by a certified structural engineer that they are dangerous, which is another, rather important fact that is not even mentioned under the "Integrity" section (p. 5), which simply states "The integrity of the cottages is intact" While I realize the integrity being spoken to is historical integrity, the buildings' deteriorating condition, which has caused the City of Iowa City to issue a notice of violation that recommends vacation and repair or demolition of the buildings, should at least be mentioned. Neither this section, or the "Architectural Features" section, take into consideration the information provided by Vj Engineering, which states firmly that "The masonry walls of these structures are beyond their useful life and are unstable. The structures pose a danger to occupants and bystanders. I would strongly recommend the buildings be vacated as soon as possible and be razed." This is vital to anyone who steps inside. Now, speaking strictly as a citizen and community organizer, I'd like to make a few comments on how this process, initiated by the Friends, has happened. Again, no one had ever approached my father in the past 18 years with interest in collaborating on preservation of the buildings. That is ultimately because this is not simply about these buildings. This whole fight is a repository for all of the anger and resentment about other rezoning and development around Iowa City. The story, for these organizers, was already written as soon as they saw the rezoning request, which, let's remember, was barely a month ago: Heartless landlord who doesn't care about history looks to get big money from large developer. This is why they jumped on getting in touch with the media immediately, effectively controlling the conversation, and why they jumped on creating online petitions which were later presented to the city council. I have been a community organizer and advocate for people with disabilities and the lesbian, gay, bisexual, and transgender community for about 10 years. In that time, I have organized protests, gone to City Council meetings, and both written and signed petitions like the one Nialle Sylvan, created on Change.org. Speaking from the perspective of someone who has witnessed the negative effects of gentrification in both the Chicago and the San Francisco Bay area, I can tell you that if I only had the information presented to me via this petition or the previous news articles, I undoubtedly would have signed it. But not only were there glaring inaccuracies contained in the petition, but its title and language were changed shortly before it was sent to the City Council. Originally, the petition's title was "Declare 608, 610, and 614 Dubuque St. Public Landmarks!" as of 11 AM on Tuesday, December 2nd. Then, around 1:45 (according to my computer's timestamp) Nialle wrote an update titled "WHAT WE NEED TO ASK: For the City Council to set a public hearing." This update explained, probably because they got more information on the process, that what the council needed to hear was that people specifically wanted a public hearing to happen. She states at the end of this update, "I'm revising the petition accordingly." With the internet, this is as easy as copying and pasting. But if this were a paper petition, the organizers could not cross out the original wording of what they were asking people to sign for AND still present these signatures to the council, which were signed for a different purpose. At least, they could not do this in good faith. It is just one example among many of intentional manipulations by the organizing groups to foment public outcry against allowing the property owner to sell, and to present an as of yet unverified version of the cottage's history in the body of the petition. If I have learned anything from doing organizing work, it's that it is always best to attempt to engage in dialogue with the person who you believe is your adversary. It's very easy to create an us -and -them mentality before ever talking to a person, to have unfounded assumptions about their motivations and their character. A question I have struggled with throughout this process has been—if the Friends believed that the buildings were structurally sound, and if they believed they were historically significant, why would they not follow the process the right way? Why would you not jointly look at the buildings with the property owner, as was agreed upon in the P&Z commission meeting? Why would you not collaborate and share information to apply for preservation? It is not as if the Friends tried and failed to work with my father, they never even attempted it. My father has offered to donate $25,000 to the Friends to move the buildings to a location of their choice, which could be in the upcoming park just down the hill. In the city council special meeting last week, Trimble said that this would not be feasible because there is nowhere to put them within a mile radius (which is not true), it would not cover the cost for moving the buildings, and moreover, that the buildings would not survive this move. This offer has since been rescinded, because of her comments at the council meeting and in the'media. My question is: who do they expect will pay for upgrades to make these buildings safe? And how are they apparently structurally sound enough to be occupied but not sound enough to be moved? In their fervor to stop further development in Iowa City, the Friends have done only surface -level research (in barely 3 weeks' time) and made dubious claims to the public about these buildings, both without collaborating with the owner, and with no accountability for the outcome. A vote for preservation is a vote for this last- minute process, a process without integrity. Do you want to reward that kind of divisiveness, especially when the claims being made are based on limited information? I encourage those who care about older buildings in Iowa City to do something while there is still time, to do it respectfully, with the owner, and to not use such underhanded means to try and get what you want. Thank you for your time and attention, truly. Marian Karr From: council@iowa-city.org Sent: Wednesday, January 14, 2015 2:42 PM To: Council Subject: Cottages on Dubuque Submission New Form Submission Name: Jennifer Sessions Email: jennifer.e.sessionsguiowa.edu Message:I am writing in strong support of designating the remaining two cottages on South Dubuque Street as local landmarks. In its rush to development at any cost, Iowa City has already sacrificed much of the history and character of the downtown area. The demolition of the historic buildings on the 500 block of East Washington Street to make way for more faceless, cookie -cutter student apartments was an enormous mistake, that took not only beautiful buildings but valuable public space in the form of sidewalk cafes and small businesses. The cottages on South Dubuque Street are one of the few vestiges of Iowa City's working-class history that remain. Let's not let them be destroyed, too. Form submitted from website: www.salvagebam.org Visitor IP address: 198.255.212.30 MINUTES PRELIMINARY HISTORIC PRESERVATION COMMISSION DECEMBER 11, 2014 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Thomas Agran, Esther Baker, Kate Corcoran, Frank Durham, Andrew Litton, Pam Michaud, Ben Sandell, Ginalie Swaim MEMBERS ABSENT: Gosia Clore, Frank Wagner STAFF PRESENT: Bob Miklo OTHERS PRESENT: Carol Adderley, Eva Adderley, Jan Alan, Phil Beck, Nancy Carlson, Michael Chamberlan, Janice Frey, Susan Hultman, William R. Ingalls, Dick Kruse, Steven Marsden, Kelsey Pacha, Ted Pacha, Joseph Pettit, Alicia Trimble RECOMMENDATIONS TO COUNCIL: By a vote of 9-0 (Clore and Wager absent) the Historic Preservation Commission recommends approval of the designation of 608, 610, and 614 South Dubuque Street as Iowa City historic landmarks. (become effective only after separate Council action) CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:30 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: Carlson thanked everyone who put in time and effort to the cottages on South Dubuque Street. She said that at the City Council meeting on Tuesday morning, one of the issues raised was that they did not like that fact that this was an eleventh hour type of thing. Carlson said the City Council would have liked to have this move along in more normal channels. Carlson said she wanted to discuss the North Clinton/Dubuque Street District and the Civic District. She said the City has started plans for these two districts, and there was a meeting held on October 30 to discuss this. Carlson said the Unitarian Church is in the Civic District. She said they are asking questions about increasing the density and what should be done with these two areas. Carlson said her concern is that, given the fact that the City is looking for fifteen million dollars because of a shortfall of property taxes, they are looking for every place possible to increase density and increase funds for property taxes. Carlson said she did not know how many people are aware of the two potential districts and the older buildings that could be in there. She said that she copied off three of the maps and questionnaires to distribute to make people aware of the fact that unfortunately, although the Commission's plate is already full, there are other matters that could be coming up, and we could end up losing other buildings. Carlson asked how much of Iowa City, especially the older part, will be sacrificed to "save" Iowa City. HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 2 of 20 PUBLIC HEARING ON HISTORIC LANDMARK DESIGNATIONS FOR 608 610 AND 614 SOUTH DUBUQUE STREET. Swaim said that there would first be a staff report by Miklo and then the applicant, Friends of Historic Preservation, represented by Executive Director Alicia Trimble, would speak. She said that the owner of the properties would speak after that, and then the hearing is open to any member of the public. Swaim said that once everyone who wants to has spoken, then everyone will be given a chance to speak again. Miklo said that the applicant is Friends of Historic Preservation, which has requested that the three buildings at 608, 610, and 614 South Dubuque Street be designated as Iowa City landmarks. Miklo said that designation of properties as landmarks will require Historic Preservation Commission approval of any significant changes to the exterior of the buildings. He said that landmark status also makes properties eligible for transfer of development rights according to the Riverfront Crossings Code and also for special exceptions that would allow waiver by the Board of Adjustment of certain zoning requirements. Miklo said that the Iowa Site Inventory form prepared by Friends of Historic Preservation in the Commission's packet has detail about the history of the buildings. He said that to qualify for designation as landmarks, the subject properties must meet criteria A and B as spelled out in the zoning code and one of the additional four criteria in the code. Miklo said the Commission must find that the buildings are: A. significant to American and/or Iowa City history, architecture, archaeology, and culture. He said the Commission must also find that B. the buildings possess integrity of location, design, setting, materials, and workmanship. Miklo said that if the Commission finds that the properties meet these two criteria, then it must find that they meet one of the other four remaining in the list. Miklo showed photographs of the buildings and said he would be available to answer any questions. Swaim said there are many aspects to this process, but the role of the Historic Preservation Commission is to decide whether the cottages are historically significant in that they meet the criteria as outlined. She said the Commission's role is therefore very precise. Trimble introduced herself as the Executive Director of Friends of Historic Preservation. She asked that 608, 610, and 614 South Dubuque Street receive local landmark presentation. Trimble said her presentation will be short, because the property owner needs to leave by 7 p.m., but she would be glad to come back for questions or to provide more details at any point. Trimble stated that the Historic Preservation Commission, along with Friends of Historic Preservation, has been working for several years to have the near North Side, now called Riverfront Crossings, surveyed. She said the survey for that area finally starts next week. Trimble said the Commission's recommendations given for the Riverfront Crossings plan make saving the cottages, Tait Arms, and Sabin School goals for Iowa City. Trimble said that ideally, the landmark application for 608, 610, and 614 South Dubuque Street would have been submitted to the Commission probably more than a year from now after the survey's completion. She said, however, that extraordinary circumstances have made that impossible. Trimble stated that, having been on the Historic Preservation Commission herself, she knows that the Commission's job is to decide if these cottages meet the qualifications to be local HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 3 of 20 historic landmarks, and they do. She said that as one can see by the slide, they meet the minimum criteria listed, and they may have more information to yield in the future, just as Plum Grove has through archaeology and more research. Trimble said the cottages are an intact story of our history and are associated with important pioneers, as well as many people who built Iowa City on their backs and with their own sweat that are no less important but are less known. They are our story. Trimble showed an 1868 birds -eye map showing the block pulled out. She said we know from the bird's-eye map that a lot of the time the buildings are so tiny the details are not right, but it does show if a building is there, and that is known to be pretty accurate. Trimble said that on this block at that time one can see three buildings that are facing forward and a longer one. She said the longer one is probably where Racquet Master is now and was probably an 1850s store originally. Trimble said there are three buildings to the left of that on the map, and right now there are five buildings to the left. She said that could mean that the three cottages were there or that the two houses were there and 608, which is most likely the earliest cottage, or some combination in between, but it is known that these cottages are at least that old. Trimble said that unfortunately, because these cottages were built for working-class people, possibly as rentals, there is not a lot of data. Trimble said these cottages are most likely associated with Charles H. Berryhill. She said he came to Iowa City in 1838, a year before Chauncey Swan even plotted Iowa City. Trimble said Berryhill is credited with giving Iowa City its original shape, adding on to what Swan had plotted. She said that Berryhill was a merchant and owned the first dry goods store in Iowa City. Trimble said Berryhill was a merchant, farmer, land speculator, alderman, as well as being one of the most prominent members of Iowa City at that time. Trimble said that William and Catherine Watkins lived here in 1872. Trimble said that William Watkins was brought in as the pastor of the Welsh Congregational Church at Old Man's Creek, and there are a number of references to Catherine just being a loving and kind woman. She said that they had ten children. Although She said this shows the important roles the different families have played. Regarding the integrity of the cottages, Trimble said that in this case, the cottages are in their original location and have their important, original context near the historic railroad line. She said that a lot of the buildings in that area are from that time, although they have been altered. Trimble said the buildings also have integrity of materials. She said the cottages are composed of handmade brick and mortar. Trimble said the workmanship was obviously local with eclectic features and shows interesting features such as a potato shelf in 608 and kind of a crookedly built chimney in 614. She said that part of what makes these cottages so unique is that a resident of our city did this work, which really is a testament to the people who built the city. Regarding important patterns of history, Trimble said this obviously is associated with the Iowa City Railroad District. She said that two things really made the city after the legislature left Iowa City: one was the University and the other was the railroad. Trimble said the railroad came in on December 31, 1855, and within a few years, Iowa City's population doubled. She said this was the end of the line, and as part of this, a neighborhood arose around the railroad tracks and continued to expand for the next couple of decades. HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 4 of 20 Trimble said the people who worked in this neighborhood were always working class, often immigrants, sometimes minorities and often poor. She said that most of these people would never have had the means or the right to live north of Burlington Street, and because of that, we tend to forget them in our history. Trimble said we have tended to raze their properties and not recognize the important contributions they have made to the city. With regard to modern history, Trimble stated that the middle cottage, 610, is associated with the Actualist Poetry Movement. She said there were poetry readings and brainstorming here, and the movement spread from coast to coast. Trimble said that having that movement start in Iowa City is one of the reasons it has a UNESCO City of Literature designation. Trimble said that the job of the Commission members is simple — to simply decide if 608, 610, and 614 Dubuque Street meet the criteria to be designated as local landmarks. She stated that those in the local preservation community know and have been working toward a survey here, specifically because of these cottages and other buildings in this area. Trimble said she hoped the Commission would take that into consideration when voting. In response to a question, Trimble said that the OSA is expected to complete the survey of the area this next spring. Ted Pacha said he would abdicate his time to his son but said he was surprised to see the use of the term of architecturally significant on the board. He said that when the developer offered to put the three facades of those buildings on three retail spaces in the proposed plan, he was told that they were not architecturally significant. Kelsey Pacha said he is the oldest son of Ted Pacha, the property owner. He said he wanted to offer a perspective that has not been heard regarding these old buildings on Dubuque Street. Pacha said he grew up in Iowa City and lived here as recently as 2012. He said he has seen many changes as a result of development and rezoning in Iowa City, not all of which he agreed with, and was at the meeting to comment on some of the claims made in the Friends of Historic Preservation application to declare these three buildings as historic landmarks and also to comment briefly on the process. Kelsey Pacha said that on page seven of the application, the author claims that the Actualist Poetry Movement is the only literary movement to have its roots in North America. Pacha said our own Prairie Lights Bookstore is named for San Francisco's City Lights Bookstore, which is where the first beatnik poetry was published, although the movement began in New York. He said this is an error that no one has questioned that was also in the original form of the petition that was disseminated to supporters of historic preservation. Kelsey Pacha said there are also multiple spelling and grammar errors, which he assumes were the result of hurried writing. He said he had a list of examples. Pacha said it is not his intention to nitpick but to bring attention to how haphazard the information being presented is. He said if such a sweeping, erroneous claim about the only literary movement with roots in North America can be made without question, what other claims by Friends of Historic Preservation are simply wrong, whether to inflate the buildings' importance or because these reports are being thrown together at the last minute. Kelsey Pacha said that much of the information about the earliest owners and apparent occupants is based on census material, which, as the applicant states, gives very little information about the purpose the buildings actually served. He added that in the case of Jacob Beard's wife, it gives contradictory information about her name. Pacha said that the information HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 5 of 20 about property owner Charles Berryhill, who, it states, "...certainly did not live in the buildings...," does not seem relevant to those who did live there. Kelsey Pacha said that most of what is presented under the early settlers heading is speculative and tells us more about who owned the land and whatever buildings might have been there at the time, as the application acknowledges that there are no documents that explicitly state when these so-called cottages were erected. He said the report though states that the families who owned and lived in the buildings were some of the wealthiest in Iowa City at the time of the settlement but also states that they are "...some of the last remaining intact representations of working class Iowa Citians at the time of this early railroad district." He asked which then is it — wealthy families or working class citizens. Pacha said the infamous Mormon Trek is also mentioned, without any proof of a relationship to the Mormon Trek. Kelsey Pacha stated that he is not saying that these buildings are or are not historically significant; he is just saying that, as a reader, there are many holes. He said that because Trimble did not work with the property owner, she did not have access to the State plat book that the owner is in possession of, which could offer additional information or insight. Kelsey Pacha said that, as he understands it, it is highly unusual for someone who is not working with the property owner to apply for any kind of historic landmark status. He said it seems that an assumption was made that the owner would not have welcomed it, when in fact, he would have been glad to help any time in the past 18 years before he recently decided to sell the property. Kelsey Pacha said the owner has been a steward of these buildings to the best of his ability, but he has been told by a certified structural engineer that they are dangerous, which is another, rather important fact that is not even mentioned in the application. He referred to the integrity section on page five, which states that the integrity of the cottages is intact. Pacha said he understands that speaks to the historic integrity, but the structural integrity should also be a concern. He said the application clearly does not take into account the information provided by VJ Engineering, which is vital to anyone who steps inside. Kelsey Pacha said that, speaking strictly as a citizen and a community organizer in his own right, he wanted to make a few comments on how this process, initiated by Friends of Historic Preservation, has happened. He said that no one had ever approached his father in the past 18 years with interest in collaborating on preservation of these buildings. Pacha said that is ultimately because this is not simply about these buildings. He said this whole fight is a repository for all the anger and resentment about other rezoning and development around Iowa City. Kelsey Pacha said that the story for these organizers was already written as soon as they saw this rezoning request, which was less than a month ago. He said, "Heartless landlord who doesn't care about history looks to get big money from large developer." Pacha said this is why they jumped on getting in touch with the media immediately, effectively controlling the conversation and why they jumped on creating online petitions that were later presented to the City Council. Kelsey Pacha said that he has been a community organizer and an advocate for people with disabilities and the lesbian, gay, bisexual, and transgender community for about ten years. He said that in that time, he has organized protests, gone to City Council meetings, and both written and signed petitions like the one Nialee Sylvan created on change.org. Pacha said that, HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 6 of 20 speaking from the perspective of one who has witnessed the negative effects of gentrification in both the Chicago and San Francisco Bay areas, if he only had the information presented to him via the petition or the previous new articles, he undoubtedly would have signed it. He said that not only were there glaring inaccuracies, as mentioned before, but the title and language were changed shortly before it was sent to the City Council. Pacha said this is relevant in terms of the amount of public support that is perceived about the historic preservation process. Kelsey Pacha said that originally this petition's title was "Declare 608, 610, and 614 Dubuque Street Public Landmarks" as of 11 a.m. on December 2. He said that then, around 1:45 p.m. Nialle Sylvan wrote an update entitled, "What We Need to Ask for the City Council to Set a Public Hearing." Pacha said the update explained, probably because they got more information on the process than what the City Council needed to hear rather than just a desire to save the old buildings, was that people specifically wanted a public hearing to occur. Pacha said that she (Sylvan) states at the end of the update, "I am revising the petition accordingly." Kelsey Pacha said that with the internet, this is as easy as copy and pasting. He said that if this were a paper petition, the organizers could not simply cross out the original wording of what they were asking for and asking people to sign for and present those signatures to City Council, which were signed for a different purpose. Kelsey Pacha said that at least they could not do this in good faith. He said it is just one example among many of intentional manipulation by the organizing groups to foment public outcry against allowing the owner to do what he wishes with the property and to present an as of yet unverified version of the cottages' history in the body of the petition. Kelsey Pacha said that if he has learned anything from his organizing work, it is that it is always best to attempt to engage in dialogue with the person who you view as your adversary. He said it is very easy to create an us and them mentality before ever talking to a person and to have unfounded assumptions about their motivations and their character. Kelsey Pacha said that a question he has struggled with through this entire process has been, if Friends of Historic Preservation believes that the buildings are structurally sound and believes they are historically significant, why would they not go about the process the right way — the prescribed way. He asked why they would not jointly look at the buildings with the property owner, as was agreed upon in the Planning and Zoning Commission meeting. Pacha asked why they would not collaborate and share information to apply for preservation before the property owner wanted to sell. Kelsey Pacha said it is not as if Friends of Historic Preservation tried and failed to work with his father; they never even attempted it. He said that in their fervor to stop further development in Iowa City, which is something he understands, Friends of Historic Preservation has done only surface level research in barely three weeks' time and made dubious claims to the public about these buildings, both without collaborating with the owner and with no accountability for the outcome. Kelsey Pacha said that a vote for preservation is a vote for this last-minute process; it endorses it; it is a process without integrity. He asked if the Commission wants to reward that kind of divisiveness, especially when the claims being made are based on limited information. Pacha encouraged those who care about older buildings in Iowa City to do something while there is still time to do it respectfully with those owners and to not use such underhanded means to get what they want. HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 7 of 20 Ted Pacha thanked the Commission members for their time and said that he and his son had to leave the meeting for another commitment. Pettit said he has been a resident here for 23 years. He stated that Kelsey Pacha said that over the past 18 years, Friends of Historic Preservation or other groups did not make any effort to try to preserve the cottages. Pettit said he does not exactly know the circumstances, but he might be able to indicate why this is so last minute. Pettit said he first learned two years ago that these cottages had an historic place in the railroad district. He said he was told that they were stops for the pony express if his memory is correct. Pettit said now that the rezoning and demolition applications have arisen, it has struck home that these places were not as permanent as he thought they were, and they are now suddenly threatened, although he had no idea that this was coming. Pettit said that the Pachas mentioned that the structures are, according to VJ Engineering, in a state of disrepair and could be under threat of collapsing. Pettit asked, if the process for historic preservation designation were to continue, how would any repairs or bracing be carried out — if it would be on the part of the property owner, the current tenants, the City, or another entity. Swaim said it would be the property owner's responsibility. Pettit asked if the local landmark designation would mean that Ted Pacha would still be able to own these properties, although without the ability to demolish them. Swaim said that if they are landmarks he would need to apply for demolition permits which would then be reviewed by this Commission. She said the Commission's decision regarding whether to approve the demolition permit would be based on two things. Swaim said the first would be if the buildings could not be repaired - if they were deteriorated beyond repair. She said the second would be what kind of replacement buildings would be proposed, if they would be sympathetic to the buildings that had been torn down in terms of mass, setback, size, and such. Alan said she lives in Iowa City. She said she considers this district to be a shopping destination, as do many of her friends. Alan said the one thing that makes it cute are those little houses. Alan said that in her own community organization business, she saw other communities that were destroyed by the City and watched businesses flounder and people become homeless. She said it is awful to take away a whole community. Alan said that if these businesses go, the whole community will go, and she would hate to see that. Alan stated that the other point is that, especially with all the publicity, this area is increasing in price, and it will continue to increase in price. She said that if a developer wants to come in 20 years from now, the owner will get a lot more money for it. Marsden said he has been a visitor and shopper at Jim's Bookshop. He said he was also briefly an employee at the neighboring store, the current bookshop. Marsden said he wanted to express his appreciation for the presentation made by Friends of Historic Preservation. He said that, despite whatever shortcomings have been pointed out, it was a remarkable explanation that was put together in a very short time. Marsden said the Actualist Movement had many readings there and many events at Jim's Bookshop. He said that Jim's Bookstore was not the only bookstore that was there. Marsden HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 8 of 20 said that it was preceded by Alan Doney's bookshop, which is somewhat continuous in terms of the cultural developments that led to the Actualist Movement. He said that Doney's bookshop was also an important cultural center in Iowa City. Marsden said that is not the only influence. He said it is a physical manifestation of its heritage, but it was also an important cultural center preceding, developing, and contributing to the movement that became the actualist movement. Marsden said there was another owner in between Jim Mulach and Ben Biber. Marsden said he did not know much about that, but Ben Biber had a bookshop there called the Free Culture Co-op. Marsden said the events there might not have been as important on a national scale as the Actualist Movement, but it was very significant historically in terms of the local literary and especially the local alternative music scene. Marsden said that the history of the area is not just about Jim's Bookshop, as important as it was, but there was a cultural continuum before and after Jim's proprietorship. Beck said he is a long-time resident of Iowa City. Regarding the issue of timing, he said that the last minute nature of this has been questioned. Beck said he is sure there are a lot of circumstances to explain why things are happening now instead of earlier, but his question is whether that is really relevant or pertinent. He asked if it really matters if it was done 18 years ago, 18 months ago, or 18 days ago. Beck said he is not really familiar with the process of applying for landmark status. He asked if the rules have been followed, however last minute they are. Beck asked if anything has not been done that should have been done that would render the process of application invalid. Beck said he has not heard or read anything about whether doing this late in the game invalidates the process. He said it is obviously unfortunate and is very apparent that the Pachas' feelings have been hurt. Beck said it is unfortunate but asked if again it is pertinent or relevant. Beck said it seems to him that the Commission's task is to try to separate out the emotional and the procedural things and decide upon the procedural. He said that if procedures have been followed, that is what is most relevant. Beck said he did not think the fact that Trimble had some grammatical mistakes and even some factual errors is all that pertinent. He said that as Trimble pointed out, the history of these cottages is not documented in great detail. Beck said there are gaps in the history. He said that anyone who has done any historical research knows that when one goes back to a pervious century, one deals with spotty records and things like that. Beck said he thinks that enough evidence has been presented showing that these cottages have historical import in the history of Iowa City. He said that whether or not some of the actual details or names were nailed down, these cottages are part of history and are associated with certain people. Swaim confirmed that all of the procedures have been properly followed. She said that the Comprehensive Plan (Near Southside Redevelopment Plan) of 1992 already spelled out that this area needed to be examined and that those three cottages needed to be looked at as sites to be protected. Swaim said those are things that should be done. She stated that what slows processes down are things like lack of staff, lack of money or funding, paying for consultants to do the work, lack of volunteers, etc. HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 9 of 20 Swaim said there is also the fact that the flood and its effect on the Music Building created this snowball effect on other buildings. She said that part of the overriding FEMA mitigation process involved the Commission's suggesting that a survey be done of that entire area. Swaim said that FEMA has a process. She said that also delayed the survey. Swaim said that as part of the process, a large survey of the area would occur and then individual properties are identified as worth more examination and perhaps protection. Swaim said that the surveys are a long process, funded in various ways. She said that preservation efforts are often eleventh hour, because demolition permits are learned about at the eleventh hour. Beck said that confirms his support for landmark status. Frey said she has been a resident of Iowa City for over 30 years. She said she is not very familiar with this process, but she thinks that the lack of public comment is really a shame for this. Frey said that what we're learning now by people coming forward and making comments has enriched the knowledge of what these cottages meant. Frey said she thinks there is something to be said by preventing the demolition of these buildings, because once they're gone, they're gone, and there is no issue any more. She said that opening it up and having a public meeting would perhaps bring forth many more stories about these buildings. Ingalls said he lives at 608 South Dubuque Street and pointed out the property on the map. He thanked everyone who had spoken, because there is so much valuable information to consider. Ingalls said that Swaim did a fine job of explaining that many times, when a pursuit of historical status is sought, it is because a demolition notice has been applied for. He said he has been the caretaker/property manager of the entire block since 1986, ten years before Ted Pacha owned the properties. He said that this has just come up as recently as three or four weeks ago. Ingalls said it was sort of a planned assault on the Building Inspection Service Department and everyone else involved. He said the military term for this is rapid dominance. Ingalls said they had been talking with some of the City Council members early on. He said he was told by Ted Pacha as recently as three weeks ago to go from property to property on the block and assure people that nothing was going to happen, there were no plans afoot to change anything, and that all leases would be honored until the end of the lease terms. Ingalls said he has tried to buy his place many times, and Ted Pacha told him he thought they had to be sold as a unit but to rest assured that if they come up for sale, Ingalls would get the property, because he had asked about it a million times. Ingalls said that Ted Pacha told him that he could not do anything with the properties if he wanted to, because they are designated to be preserved. Ingalls said that all of this came at the last minute, and the way Trimble was treated by the City Council, saying that the right process had not been followed, still bothers him. He said that Trimble's research and report have been exemplary. Ingalls said the report brings to light a lot of things he didn't know. Ingalls said he does know some things about all three of the buildings, because in 1986, Doug Boothroy was not sure that he should be living and working out of 608 South Dubuque Street HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 10 of 20 because of commercial zoning. Ingalls said that he told Boothroy that people had been working and living there forever as far as he knew, and Boothroy told him he would have to prove that. Ingalls said that the property owner at that time was Freda Hieronymus. Ingalls said that Hieronymus objected to being told what she could and could not do with the property, so between the two of them, they put together a roster of tenancy dating back to 1855 of all three cottages. Ingalls said that Trimble mentioned most of what he found out, because he does not have documentation. Ingalls said that what he does have is common knowledge from former postal carriers and older people in the neighborhood and people who would stop in and give him information. Ingalls said that the research shows that the cottages served briefly as that era's versions of bed and breakfasts. He said that railroad workers lived there, and they were stagecoach layover stations for a while. Ingalls stated that he has heard again and again that they were pony express depots. Ingalls said he would be happy to answer any questions the Commission might have about the properties. Chamberlan said he owns the Broken Spoke, which is located two properties to the left of Ingalls, right on the corner at 602 South Dubuque Street. He said he wanted to confirm what Ingalls had said about Ted Pacha's comments, telling people when the property was being rezoned for the form -based zoning that no one needed to worry about anything and that this is just to comply with the new standards of form -based zoning. Chamberlan said he has talked with other business owners on the same block who have also said that Ted Pacha had told them the same thing. Regarding the rushed process, Chamberlan said there is a little insight to how this could easily become rushed. He said that on the one hand, there is no implication that anything is going to happen for a while, especially if, the survey took place in the spring, there would be no reason to expect why it would have to happen soon, if everyone had leases and there was also consideration in the master plan for these cottages. Chamberlan said that of course when there is a demolition notice in place, then that speeds things up and sends things into emergency mode. Hultman said she owns Suzy's Antiques and Gifts at 610 South Dubuque Street. She said she was born in Iowa City and has throughout the years seen multiple older structures, both homes and businesses, torn down in this town, and she thinks it is a travesty. Hultman said that these three cottages and actually the whole block are jewels in the Riverfront Crossings District. She said that if this block is torn out for more student high-rise buildings, the uniqueness of this railroad district here loses so much. Hultman said there are very few if any places left here in Iowa City like this block. She said it is very important to preserve these cottages. Eva Adderley said she is 24 and grew up in Iowa City and has lived here her entire life. She said she remembers seeing the cottages when she was young and being captivated by them as beautiful diplomats of days gone by. HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 11 of 20 Eva Adderley said that it was later that she learned about their historic significance, and she thinks this is actually a more important part of our history than a lot of what gets preserved, because there are other buildings in Iowa City that are really beautiful buildings that have been preserved, as they should be, but it is mostly the buildings where the wealthiest and most prominent citizens have lived, and that is almost no one's history. Eva Adderley said the cottages are the places where the people who built Iowa City with their own hands, sweat, diligence, inspiration, and bravery lived and worked. She said that some of the first businesses owned by women were there. Adderley stated that when one talks about preservation, one cannot just talk about duty to the past, because a lot of it is about the duty to the future. She said it is a choice between preserving a really important part of our identity and letting a little bit of magic die. Carol Adderley, said that the Eva Adderley, the woman who just spoke is her daughter. She said she and her daughter are third and fourth generation Iowa City residents. Carol Adderley said that the first person in her family who came to Iowa City was Esther Anderson. She said Anderson came because she was from a poor family but she worked for a lawyer who told her she should be a lawyer. Adderley said that Anderson came here because it was one of the few places where a woman could even train with the hope of becoming a lawyer. Carol Adderley said that is part of Iowa City's history. She said that when Anderson was here, she did not stay in a fancy place. Adderley said this is an artifact that we can't get back if it goes. Carol Adderley said that if one walks inside these places, the cottages may be small but they feel so good. She said they are well built. Adderley said that she owns the old Shimek School and feels pleasure every time she walks in the building. Carol Adderley said she is on the board of her family's company and understands the issues involved in making decisions and the need for speed. She said that she knows, speaking from experience, how much one needs good information. Adderley said one needs good information and enough time to work through the process. She added that we cannot get this back if the buildings are torn down; they are not replaceable. Carol Adderley said this is so very much a part of so many more people who have built Iowa City and have made it what it has been. She said it is very forward looking. Adderley said one of the most well-known buildings in Iowa City is probably J. Schaeffer's tumbleweed, which has been featured as a small house in publications. She said that these cottages are a historic form of small houses. Ingalls said that he was at the Planning and Zoning Commission meeting a few weeks ago when he first heard Hodge Construction's engineer's inspection report about these buildings. He said that so much of what was being brought up was misrepresentation, exaggeration, and in some cases, not the truth. Regarding his home, Ingalls said the report stated that books should never have been allowed in there, because the floor is totally unsupported. He said the inspector missed a 40 -foot beam that runs under the floor from front to back and is supported by seven jack posts. Ingalls added that the inspector also missed the two by ten pillars on the end of each floor joist that runs all the way to the foundation. Ingalls said that to say that the floor is unsupported is just an example of many of the misstatements made in the initial report. HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 12 of 20 Ingalls said that Trimble raised enough money for a second structural report that completely refuted the first one. He said that if structural issues are a consideration when the Commission makes its decision, he agrees that the buildings could use some tuck pointing in places. Ingalls said there is not much that needs to be done to the Suzy's Antiques building and not much needs to be done to the Kung Fu building. He said it would be a weekend's work to do most of the tuck pointing. Ingalls said there is a little bit of woodwork to be done structurally, and the rest is basically cosmetic. Swaim asked if anyone else would like to speak on this item. There was no one. Swaim closed the public hearing. Swaim reminded Commission members that, to determine the buildings are significant, they must meet criteria A and B as set out in the staff memo and one or more of criteria C through F. She said that although there are many aspects to this, the Commission's role is to look at this part of it. Baker asked Commission members if they feel that criteria A and B have been met. Corcoran said she feels it is important that the Commission members all give some sense of how they feel about this so that when the Commission votes, the context for the decision is evident. She said she is very persuaded by the application and would be in favor of moving this forward. Corcoran said that personally, she does not feel there is anything haphazard or last minute but thinks that all of what has happened was necessary because of the fact that the owner received a declaration of nuisance from the City, and to abate that nuisance, the resolution was to demolish the buildings. Corcoran said that is what has forced all of this to be on such a short timeline. She said she is very persuaded by the fact that 22 years ago, the Planning Committee and the City Council approved the Comprehensive Plan of 1992 that specifically called out these properties as important and meriting protection. This in not just a last minute recognition of the importance of these buildings to our community. Corcoran said she would vote to approve this. She said she feels that the three properties at 608, 610, and 614 South Dubuque Street meet the historic landmark requirements, namely: they are significant to American and Iowa City history, architecture, archaeology, and culture; and criterion B, they possess integrity of location, design, setting, materials and workmanship. The consensus of the Commission was that the properties meet criteria A and B. Corcoran said she feels the cottages meet criterion C, because they are associated with events that have made a significant contribution to the broad patterns of our history. She said that she grew up in Iowa City and remembers these buildings from when she was young and remembers riding the train and the little businesses that were there. Corcoran said this is a very interesting part of Iowa City, especially because it is old and so much of it has been taken down, especially on the other side (south) of the railroad tracks. She said she trusts that the historical research of Friends of Historic Preservation is true in that no one has presented evidence that these buildings do not date to the mid 19th century. Corcoran said they housed workers and people of different backgrounds and different trades. Corcoran said the buildings are very architecturally unusual. She said they are part of a whole area there where the railroad, pony express, etc. contributed to the communication that Iowa City was having with towns throughout the country. HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 13 of 20 Swaim said she thinks those contributions brought patterns, including the railroad and working class housing in that neighborhood and the city's growth in just a few years after the railroad came in, and the information about the Actualist Movement. She said she does not know if there is any documentation that the pony express had any connection with that, so until that is documented, she did not think it should be part of the public record. Swaim said she definitely agrees that the properties meet criterion C. Durham said he was persuaded about the inclusive definition of or persons significant in our past and information about the working class associated these buildings. Michaud said she has been in Iowa City for 42 years and remembers Jim's and Alan Doney's bookstores and was aware of very strong literary movements. Michaud said that she owned a used and rare bookstore and therefore had reason to deal with other bookstore owners. She said that before 1992 when Will Ingalls started operating his bookstore there, he made extensive fortifications and replaced almost all the joists and multiple jacks and things like that. Agran said the comments about significance are very relevant. He said that if there were many more of these buildings left in the city, then maybe the way this is written and phrased might encourage one to not save buildings like this. Agran said, however, that the fact that there are so few and maybe only these left, in terms of representing a whole portion of the makeup of the city in the past, makes these significant. He said he agrees that these meet criterion C and said that very good cases could also be made for D, E, and F; although only one of the C through F criteria needs to be met. Michaud recalled the sorrow over the loss of the Czech Village because of the flooding and all of the small houses that were basically worker cottages in Cedar Rapids. She said that one cannot control the weather, but we can control human intervention. Michaud said that to quibble about some deteriorating red brick is a sad way to attack these buildings. She stated that much more comprehensive documentation is done on their strengths than on their weaknesses. Corcoran said it sounds like we agree on the application of criteria A, B, C and D. She asked about E: embody the distinctive characteristics of a type, period, or method of construction or represent the work of a master or possess high artistic values (she did not know about that... ) or represents a significant and distinguishable entity whose components may lack individual distinction. Swaim said that she was not very convinced about that one and did not see it as one of the more convincing criteria. Regarding criterion F, Durham said we did not have the basis to find for criterion F. MOTION: Corcoran moved that the Historic Preservation Commission approve the Friends of Historic Preservation application for designation of 608, 610, and 614 South Dubuque Street as Iowa City historic landmarks for the following reasons: these three properties meet the historic landmark approval requirements, mainly criterion A — they are significant to American and/or Iowa City history, architecture, archaeology, culture and criterion B — they possess integrity of location, design, setting, materials, and workmanship; and they also meet two of the other approval criteria, specifically criterion C — the three properties are associated with events that have made a significant contribution to the broad patterns of our history and criterion D — they are associated with the lives of persons significant in our past. Linton seconded the motion. The motion carried on a vote of 9-0 (Clore and Wagner absent). HISTORIC PRESERVATION COMMISSION December 11, 2014 Page 14 of 20 Swaim said this application now goes on to the Planning and Zoning Commission for its consideration and then would go on to the City Council. CERTIFICATES OF APPROPRIATENESS: 30 North Clinton. Miklo said this property is an Iowa City historic landmark and is also located in the Jefferson Street Historic District. He showed its location at the intersection of Jefferson and Clinton Streets. Miklo showed the main building, the Congregation Church, which is the landmark building. He said that an addition was made to the church sometime in the 1950s, and that is the subject of the application. Miklo said the proposal is to replace all of the windows in the addition. He stated that the guidelines and the Secretary of the Interior Standards call for preservation of historic windows where possible. Miklo said that where windows are in deteriorated condition, then replacement with like windows is appropriate. Miklo said the guidelines do have exceptions for buildings that are under the Commission's jurisdiction but are not historic or are non-contributing. He said that even though this is attached to the historic building, he believes that is the case here. Miklo said that he inspected the windows with members of the church's building committee and found them to be in deteriorating condition. He showed a close-up example of one of the windows that, even when it was fully closed, had a gap of at least a quarter of an inch. Miklo said this condition was common to many of the windows. Miklo stated that if these were wooden sashes, that would be repairable. He said these windows have aluminum frames and replacement parts are probably no longer manufactured. Miklo said it would therefore be reasonable to replace these windows based on their poor condition. Miklo said the applicant is proposing to do a different pattern than what is shown. He said the original windows typically were three -pane in an awning format. Miklo said that even when they were new, they were probably not the best windows for this climate. Miklo said the proposal is to replace the configuration of windows. He said rather than three awning -type panels, these would either be single -pane, casement, or single -hung, meaning two panels with one that would operate. Miklo said the proposal is also to use a bronze finish that is similar to what is on the trim of the main church. Given that the addition is not the historic part of the building and the poor condition of the windows, Miklo stated that staff recommends approval of this modification. Corcoran asked if there are storm windows here. Miklo responded that the exterior windows are the main window, although storm windows were added to the interior at a later date due to the problems with the main windows. He said that all of that would be taken out, and the exterior windows would be replaced. Kruse said that he is a member of the church and on the building committee. He said they are charged with the task of maintaining this building. Kruse said it is at the point where heat is being lost, and they would like to get the windows in yet this winter. MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION DECEMBER 18, 2014 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks Paula Swygard, Phoebe Martin, Jodie Theobald, John Thomas MEMBERS ABSENT: STAFF PRESENT: Sara Hektoen, John Yapp, Robert Miklo, Sarah Walz OTHERS PRESENT: Alicia Trimble, Ginalie Swaim, Ted Pacha, Jim McCarragher, William Ingles, Jen Allen, Kate Corcoran, Mary Bennett, Don Ancinux, Janice Fry, Pam Michaud, Theresa Koppel, Steve Gordon, Jason Harder The Commission moved by a vote of 7-0 to recommend an application submitted by Iowa City Historic Preservation Commission for a rezoning to designate the properties located at 608, 610 and 614 S. Dubuque Street as Iowa City Historic Landmarks. (REZ14-00024) The Commission moved by a vote of 6-0 (Freerks absent) to recommend a rezoning to amend an OPD- 12 plan to allow 72 multi -family condominium dwellings for property currently zoned for single-family manufactured housing on 21.24 acres of property located south of Paddock Circle and west of Heinz Road. (REZ14-00010) with conditions outlined in the Staff report. The Commission moved by a vote of 6-0 (Freerks absent) to recommend approval of SUB14-00022, a preliminary plat of Churchill Meadows, a 98 -lot, 39.6 -acre residential subdivision located at 4701 Herbert Hoover Highway. Freerks called the meeting to order at 7:00 PM. There were none. Comprehensive Plan Item Set a public hearing for January 15, 2015 for discussion of amendments to the Comprehensive Plan for the blocks generally bounded by Clinton Street, Jefferson Street, Bloomington Street and Dubuque Street (AKA the North Clinton / Dubuque Street District): and the blocks generally bounded by Gilbert Street, Burlington Street, Van Buren Street, and Iowa Avenue (AKA the Civic District). Yapp explained to the Commission that upon setting up the hearing staff will notify all parties who have expressed interest in being informed of this process (by providing email addresses), will place the staff report on the City webpage, will update the public comment webpage, and will issue a media release of the availability of the staff report for public review, and the date of the Planning Planning and Zoning Commission December 18, 2014 - Formal Page 2 of 23 and Zoning Commission's public hearing. Yapp told the Commission they are allowed to set the hearing for a date other than January 15, that date was chosen because it is the next regularly scheduled meeting of the Commission. Eastham moved set a public hearing for January 15, 2015 for discussion of amendments to the Comprehensive Plan. Martin seconded the motion. A vote was taken and motion carried 7-0. Rezoning Item (REZ14-00024) Discussion of an application submitted by Iowa City Historic Preservation Commission for a rezoning to designate the properties located at 608, 610 and 614 S. Dubuque Street as Iowa City Historic Landmarks. Yapp showed a map of the area and stated the Commission had received a rezoning application for this block several months ago but that application has since been withdrawn. He showed images of the buildings in question for the historic landmark application. Yapp described the background as Alicia Trimble, Executive Director of Friends of Historic Preservation, has requested that the properties at 608, 610, and 614 South Dubuque Street be designated as Iowa City Historic Landmarks. The enclosed Iowa Site Inventory Form provides a detailed discussion of the buildings' history and architecture. The Iowa City Historic Preservation Commission met on December 11, 2014 and conducted a public hearing where they reviewed and evaluated the historic significance of the properties. The Commission determined that the properties meet the requirements for landmark designation and voted 9-0 to recommend approval of the designation of 608, 610, and 614 South Dubuque Street as Iowa City Historic Landmarks. If approved by the City Council, designation of the properties as Iowa City Historic Landmarks will require Historic Preservation Commission approval of any significant changes to the exterior of the buildings. Landmark status will also make the properties eligible for transfer of development rights according to the Riverfront Crossings Form Based Code, and special exceptions that would allow the Board of Adjustment to waive or modify certain zoning requirements. Yapp said that regarding Planning and Zoning Commission Review: Landmark Designation is a zoning overlay and therefore requires a recommendation to the City Council from the Planning and Zoning Commission. The Commission's role is to review the proposed designation based on its relation to the Comprehensive Plan (the Riverfront Crossings area) and proposed public improvements and plans for renewal of the area involved. The Downtown & Riverfront Crossings Master Plan of the Comprehensive Plan applies to this proposal. Beginning on page 51 the Plan discusses development opportunities throughout the sub districts of Downtown and Riverfront Crossings. The introduction to the chapter states: A key element of the Downtown and Riverfront Crossings District Master Plan is the identification of future development opportunities. These opportunities emerged from the Visioning Process, were tested during the Design Charrette, and further refined and vetted during the refinement period following the Charrette. They are grounded in the Market Analysis prepared for this plan, and have been developed to the level of detail possible in a long-range plan. Planning and Zoning Commission December 18, 2014 - Formal Page 3 of 23 Yapp explained that in the memo there are sentences in bold, and they are in bold in the memo because they are bolded in the Riverfront Crossings plan. It bears emphasizing — the Development Opportunities identified on the following pages are conceptual in nature. Like their predecessors in previous planning efforts, their value is to identify visions and ideas for specific areas. Successful visions will endure, but details will change and evolve as projects are implemented. The plan is simply a vision, highlighting certain areas. The decision to redevelop is ultimately up to the property owner. Pages 66 through 69 of the Plan discuss the Central Crossings Subdistrict including the following on page 69: Cottage Preservation — Three historic brick cottages are located on the east side of Dubuque Street between Prentiss Street and the Iowa Interstate Railroad line. Because they are unique 19th century buildings, preservation of these structures should be a goal. In order to encourage their preservation, it is recommended that a density bonus be granted for their preservation and renovation. The Historic Preservation Commission has recommended approval of the designation of 608, 610 and 614 South Dubuque Street as Iowa City Historic Landmarks, finding that the properties meet the criteria for landmark designation, specifically criteria: Significant to American and/or Iowa City history, architecture, archaeology and culture; b. Possesses integrity of location, design, setting, materials and workmanship; c. Associated with events that have made a significant contribution to the broad patterns of our history; d. Associated with the lives of persons significant in our past. In summary The Riverfront Crossings Plan, in the 'Development Opportunities' section, states that preservation of these structures should be a goal and that it is recommended that density bonuses be granted for their preservation. While it is a goal/opportunity, it is not a requirement, and in this case the property owner has not sought a density bonus and the property owner has submitted a formal protest for the requested rezoning. Yapp also referred the Commission to some late handouts that were emailed just a few days prior to the meeting and were not in the original packet. One was the minutes from the Historical Preservation Commission, another was a statement written by Kelsey Pacha which was read to the Historical Preservation Commission, and finally a copy of an online petition named "Tell Planning & Zoning Commission to defer their vote until they have all the facts". Freerks asked about the discussion at the August 12, 2014 Planning and Zoning meeting where they discussed the Tate Arms building and its recommendation for historical preservation, and if staff recommended the preservation of the Tate Arms building in their report, why do staff not state a recommendation for the Cottages preservation in this report? Yapp stated the difference is with the Planning and Zoning Commission December 18, 2014 - Formal Page 4 of 23 previous rezoning application for this property, staff had already made a recommendation that if the structures (the cottages) were found to be structurally unsound and were not to be preserved, then documentation of the structures should be required. Eastham asked if because the Plan already encourages the preservation of the cottages, is there a need for a historical status any more than already exists? Yapp stated the Plan would have to adhere to the Code which states they need to be found eligible for historical preservation status to qualify for transfer of development density. Eastham asked if the Tate Arms building had been designated as historical status and Yapp stated it was designated as a historic landmark. Eastham asked in reference to page one of the staff report, under Planning and Zoning Commission review it is noted that the Commission's duty is to review the zoning overlay and questioned if previous comprehensive plans applied to this area also indicated the desirability of some degree of preservation for these properties. Miklo stated there was the Near South Side Plan which was before Riverfront crossings, it wasn't adopted by the plan, but was adopted by resolution from the Council and was put on a list of potential historic properties. Eastham asked if there were objections by anyone during the considerations of the Riverfront Crossings plan, and if there were objections on designating these particular properties as having a goal of preserving them. Yapp could not recall any objections, and Miklo also stated he did not recall any objections. Freerks opened public hearing. Alicia Trimble, Executive Director of Friends of Historic Preservation, stated that what the community was asking for today is not extraordinary as a Planning and Zoning Commission's responsibility is to make sure the City's Comprehensive Plan, in this case the Riverfront Crossings Plan, is followed and since the cottages are in this plan the Friends of Historic Preservation ask that the Commission forward the application. Trimble went on to say that Riverfront Crossings Plan is a great plan, it is a beautiful vision for a sustainable neighborhood that contains both charming historic buildings as well as significant new development. The cottages are specifically listed on page 69 of the Riverfront Crossings Plan for preservation. Furthermore the Riverfront Crossings Plan area is supposed to have a mix of housing with townhouses, condos, and small cottages because it is a central crossing area specifically envisioned as a neighborhood. The retail and office space in this area should also be conducive to neighborhoods, and we know that different types of buildings attract different types of businesses. Right now the area is attracting businesses like bookstores, antique shops and martial arts studios all beneficial to neighborhood development. However, based on the development on Washington Street where the Red Avocado once stood, large buildings, as the one proposed, would either be empty on the commercial floor or more likely be businesses that cater to college aged students living above in the building. Trimble stated another large misconception that is going around is that if these cottages are demolished the developer will be allowed to build a large four-story building from the street to railroad track. However looking at the propose building and the Comprehensive Plan, it doesn't appear the building design would pass the Commission because it fails to meet the basic criteria of a building in a livable neighborhood. Trimble pointed out that the Historic Preservation Commission found that the cottages were worthy under landmark status criteria A, B, C and D. Trimble would also argue they are eligible under E and F. Please note the Historic Preservation Commission had all available information to date on the cottages when they cast their vote. The chair of the Commission will discuss their vote and the criteria chosen later in the meeting. Planning and Zoning Commission December 18, 2014 - Formal Page 5 of 23 Trimble also wanted to state that the cottages are structurally sound and safe, according to the engineer report completed. That was the only criteria given by a member of the Planning and Zoning Commission as to why the cottages would not be savable at the November 6 meeting. At the next meeting, November 20, the developer's structural engineer found that all three cottages were structurally unsound; however the decision today has nothing to do with the structural integrity of the buildings, instead the Commission is deciding if the landmark application meets the Riverfront Crossings Plan. Trimble would also like to reiterate what a small portion of this lot that the cottages are a part of and showed a slide of the footprint of the area. She pointed out that even setting aside the cottages there was ample area on the property to build upon. She pointed out that there was open space shown on the plan that would make up for the square footage covered by the cottages. Finally Trimble wished to address those that say this has been an eleventh hour move on the part of the preservationists. She stated that if 22 years is eleventh hour then nothing would ever get done, she joined the Historic Preservation Commission in 2006 and served until 2012 and in that time the Commission took steps each year to try to get a survey done of this area and some attempts have failed, but both the Commission and the Friends of Historic Preservation have never taken a break from preservation of the near south side. Finally in October 2011 they were presented with an opportunity to get this area surveyed, ironically after planning for that survey for three years, the survey was to kick off today, December 18. Historic preservation does take time, what does not take much time in Iowa City is demolishing a building that only has a seven day waiting period. Lastly Trimble wanted to state one of the reasons preservation takes time is because it is a benefit to the whole community and as part of that no individual goes it alone. The City of Iowa City offers transfer of development rights for historic properties in this area, and in this case that means a four story density bonus just as the developers of Tate Arms are receiving in addition to parking bonuses for the preservation of another Iowa City landmark. As the more expensive steel and concrete building supplies are only necessary for six stories and taller, a fifth floor could be added to the building without the additional cost of more expensive building supplies. The state historic preservation office is also available to help, when state historic status is received the owner will become eligible for bonus state and federal tax credits as well as a number of grants. By not preserving these buildings, the developer is losing some amazing opportunities from the preservationists. In closing, Trimble stated the only decision before the Commission is if the application meets the Riverfront Crossings Plan. As it is specifically mentioned and illustrated in the plan, it is requested that the Commission help and act the community's vision today. Eastham asked Trimble about the grants available from the state for historical preservation, and if those monies could only be used for the three buildings under consideration, and that the owners could not use part of the money to build a new building. Trimble confirmed grant money would only be available to do work on the cottages. Freerks asked if Friends of Historic Preservation had to initiate the Tate Arms landmark status. Trimble stated they initiated the nomination as a landmark. When the City indicated to the developer that they wanted the building saved, the developer contacted Friends of Historic Preservation and asked to join in the landmark application. Hektoen clarified for the record that the owner has withdrawn their request for rezoning of this area, so there is currently no proposed development. Ginalie Swaim, chair of the Historic Preservation Commission, spoke regarding their meeting of December 11, 2014 where they discussed the application for landmark status of the cottages submitted by Trimble and the Friends of Historic Preservation. The application detailed the cottages Planning and Zoning Commission December 18, 2014 - Formal Page 6 of 23 architectural features, the history, and their significance with a multi -page document with several sources cited. Also on December 11, 2014, Trimble submitted a written correction to one portion of the application. The correction explained that three of the eight early settler families named in association with the properties were actually not in association with those properties. It should be noted however it is not unusual at all for such documents to evolve with additions and corrections being made as applications move through the channels of approval, even to the point up to the national level of approval. Like all historical research these documents are works in progress. Copies of Trimble's corrections were distributed by hand to the Commission before the meeting was called to order to inform commissioners of this minor change which in the end did not invalidate the document or the conclusion of the Commission. Swaim stated the meeting began with a public hearing and then the Commission's task was to decide if the cottages met the approval criteria as spelled out in the zoning code, specifically: 1. The significance to Iowa or American history, architecture, archeology, or culture which the Commission determined the cottages clearly are. 2. That the cottages possess integrity of location, designs, building materials and workmanship, which they do. Swaim stated the Commission also determined the cottages met two additional criteria: 1. That they are associated with the lives of persons significant in our past; 2. And associated with broad patterns in our history. Swaim stated in this case these worker cottages are a clear part of the story of the arrival of the railroad in Iowa City on New Year's Eve in 1855 and subsequent changes as doubling of the population of the town in a very short while, development of working class houses such as these cottages, and growth of the surrounding neighborhood. The Commission's vote was unanimous to designate the cottages as landmarks. Swaim expressed that all along protecting these cottages have been in line with the City's Comprehensive Plan and strategy. As early as 1992 the Near South Side Neighborhood Redevelopment Plan listed the three brick cottages as buildings considered for preservation. The same plan recommended zoning as a preservation strategy as allowing the transfer of development rights from historic properties to other sites and lowering parking requirements for uses in historic structures. In 2009 the City's intentions concerning those cottages were further strengthened when the City undertook a multi-year process to update the Comprehensive Plan and invited citizen input through interviews and a very well attended visioning workshop. In 2013 the update was completed and the Downtown and Riverfront Crossings Master Plan was adopted. The pertinent sections of that master plan state the buildings of historic significance are important to identify and actively protect. So as plans for the area move forward, development incentives such as density bonuses and policy options that encourage preservation should be implemented. An introductory map identifies the three cottages as historic significance and the section of the Plan titled "Cottage Preservation" again signals out those three brick cottages as unique 19th century buildings and recognizes a density bonus for their preservation and renovation including additional height allowances. Swaim concluded by saying City plans over the past 20 years or more have indicated that the cottages are historically significant and spelled out ways to compensate their owners such as chance for development rights according to the Riverfront Crossings form -based code and special exemptions that would allow the Board of Adjustment waive or modify certain zoning requirements. The Historical Preservation Commission clearly designated the cottages unanimously as local landmarks based on Planning and Zoning Commission December 18, 2014 - Formal Page 7 of 23 criteria in the zoning code. The City has long recognized the importance of the cottages and thus devised policy to protect them amid surrounding development. The Historical Preservation Commission asks for the Planning and Zoning Commission's approval of this application. Ted Pacha, owner of the property reiterated to the Commission that he first came in front of the Commission in October 2014 with a simple rezoning application, nothing was mentioned about historic landmarks nothing about demolitions, the application was just to rezone the property and meet the Riverfront Crossings Plan. The vote on the application was deferred based on the City staffs recommendation to defer at that time. Pacha came back in front of the Commission in November 2014 with the application for rezoning, this time with a recommendation from the City staff to approve the application. The application did not come to a vote that evening as well due to two hours and thirty minutes of public hearing opposing the rezoning. This meeting is the third time Pacha has been before the Commission, however this time he is asking the Commission to not recommend rezoning his property against his will. He has objected to the rezoning publically and is doing so again this evening. Pacha stated it is hard to understand how some stranger can come into your life and propose a rezoning of his property he has owned for 18+ years. Pacha said he is not discussing whether the cottages are historic or not, but rather wants to discuss the process. People have trespassed on his property to conduct a second structural study, telling the tenants that the Planning and Zoning Commission requested that they do this study and that Pacha has agreed to allow the engineers to have keys to those buildings. Pacha stated he was not aware of this study and was not there when it was conducted as he should have been. There has been many media stories, none telling his side of the story. Just last Saturday there was a huge story stating "come to the Kung Fu Studio before it's torn down". That building was not being torn down, it's still standing there tonight. Pacha is concerned about Alicia Trimble and the tactics taken working the public into a frenzy over this issue. Pacha stated the Freerks had spoken to him at the end of the November meeting, asking him to be a good citizen and to try to work with John Yapp from the City to find perhaps a second structural engineering firm to conduct a study of the cottages. After leaving the meeting, Pacha thought he would be able to talk to the members of the Friends of Historic Preservation but rather read in the paper just five days later that study had already been done in his buildings, on his property, without his knowledge, stating the structures were sound two weeks before the report was written or was seen by Pacha. Pacha had agreed to be the good citizen, despite the structural engineer report he had done that he had to follow due to his liability for the properties, He feels the good citizenship has not been returned. Pacha said he did submit a demolition application, but that was just to have it in place in case the liability didn't go away and so forth. The City states the signs must be placed on the buildings seven days before a permit is issued. Pacha thought he would get the permit, pay the fees, and then post signs and have to wait seven days, or up to six months, to actually do the demolition. He understands how posting the signs can get everyone in turmoil, however the structures are still standing. This whole situation has been difficult for him, his family and everyone involved. The justification given for the inaccurate information in Trimble's letter is extraordinary circumstances has made a typical longer process impossible. Pacha would like clarification on what circumstances are being referenced. The fear Trimble has put out into the community that the buildings have gone down without a chance is unfair. Pacha stated he was astonished by the Historic Preservation Commission meeting minutes. Questions like what difference does 18 years or 18 months or 18 days matter for these building being declared historic. Pacha maintains that 18 months could have made a significant difference, 18 years Planning and Zoning Commission December 18, 2014 - Formal Page 8 of 23 would have been phenomenal. Pacha is upset that no one said one word to him about this historic situation, he was open to listen, but at that meeting it was stated it wouldn't have made any difference. Pacha said that the notion of the eleventh hour was due to the demolition permits, however those permits weren't obtained until a couple of weeks after the second time Pacha had been before this Commission. That was never the original intention, all he ever wanted was to rezone the property to see if a developer, who has now pulled out of the project, would be interested in redeveloping the property. Pacha declared that crisis created clarity, however the only clarity he can see in this process is that he has no say in this process regarding this rezoning request, his property he has nurtured and been a good steward of for over 30 years. These delays have subjected him to city citations and fines because two of the tenants will not leave their buildings even though the City has said they are in violation. He and his family have been vilified in the media, the tenants are upset, and it appears everyone has more rights in this situation than the property owner. In closing, Pacha reiterated his son's written statement which says a vote for this request, a vote for this last minute process, the scare tactics used with a memorial for the buildings without integrity, is this the precedent this City, this P & Z group, wants to set. When a property owner tries to make a decision about his property, is it permissible for an outside organization to apply for a rezoning without the property owners consent or even talking to him. Do you want to allow this communication, all these hearings to be a circus in the future, if not we need to vote against this rezoning. Pacha has filed a formal protest and asks that the Commission vote not in favor of this application because it does not make any sense. Pacha also expressed that at the last meeting his tenants were asked if they were informed of the neighborhood meeting and he was concerned about that question because as he understands it all property owners within a 300 or 600 foot radius of the area proposed for rezoning should be invited to the neighborhood meeting. His tenants are not property owners, he is the property owner. Jim McCarragher, attorney for Ted Pacha, stated that as the Commission considers whether to approve the rezoning application for historic preservation of the property owned by Pacha, he would like to discuss several matters with the Commission. First, the property owner, when a property is purchased people do so, rather than rent, so they can have a say in what is done with the property. If a property owner's health is poor and wants to use the property for the best interest of his family, he can do so. If someone would like you to consider something else for the property, the least that should be expected is for the property owner to be consulted before a major decision is made. Second, if it's claimed the buildings have historic value that did not happen just when the original rezoning application came forward. What is concerning is that the property owner has made lawful decisions on the use of his property and then at the last moment people come in with their ideas to suddenly appear to frustrate the rights and the planning of the property owner saying no we have a different opinion on what you can and cannot do with what they do not own. No one came to Pacha to discuss the historical value until he sought to sell his property for the purpose he spend time and money considering due to health reasons. If these buildings were thought to be historic landmarks then Pacha should have been approached before he made the decision to spend the time and money and working with City staff only to be confronted the first time of the subject at the prior Planning and Zoning meeting. The historic overlay was only conceptual, not a requirement, under the Comprehensive Plan. McCarragher declared to vote yes today would reward the last minute attack on the property owner's decision, pitting his rights against a request that is conceptual and not a requirement under the Comprehensive Plan. McCarragher said for the record, the owner of the property is opposed to the proposed historic landmark designation and overlay and has filed a protest with the City regarding his property. The Planning and Zoning Commission December 18, 2014 - Formal Page 9 of 23 media has been focused on the tenants and their businesses rather than the property owner's rights. This focus seems to place the tenants' rights above that of the owner. Their tenancies are conditioned on the terms of their leases. 614 S. Dubuque Street tenant has already voluntarily left. 608's tenancy terminates on December 31, 2014, and 610's written lease states if occupancy is not vacated due to dangerous conditions prior to July 31 will not be renewed. In addition, when looking at property rights of the owner affected, keep in mind the request before the Commission today for the historic planning overlay is made on behalf of someone who does not own the building and would not be required to pay the substantial costs associated with the requests. Liability; the criteria mentioned in the Friends application for historic landmark designation that is not met in this case involving multiple buildings is diverse ownership. The financial burden of landmark designation for not one, but three buildings, in this case fall upon one owner unlike a normal situation where there would be diverse ownership. Even if capable of repair, which based upon an opinion of a structural engineer does not believe is possible, it would be a long process route with risk of injury and extremely expensive cost all again failing upon the shoulder of the property owner, a person with little ability to ever recover what will have to be expended let alone any change of yielding a reasonable return afterwards. In addition the legal liability falls with one owner, not multiple owners, based upon the engineers report, the City's violation notice and now multiple infractions. The buildings have been certified by a qualified structural engineer and the City has declared the buildings dangerous and unsafe. The potential liability is substantial. The certified structural engineer states the repair of the walls is not possible because of the extent of the deterioration and risk of injury if repair is attempted. The liability exists whether the buildings are occupied or no. This notice of municipal infraction filed by the City requires the owner to vacate and then abate, repair or demolition. It first says it must be vacated because it states dangerous conditions. The decision on how to abate should remain with the owner who would have to incur the financial costs. To date the remaining tenants have refused to comply with the owners request to vacate and now expense to him are incurred as civil expenses and court costs. McCarragher said that there have been multiple conversations regarding the two reports and their validity, however the owner and the City must take the conservative approach and not get into a battle of the experts. If someone were injured by building declared to be unsafe, I doubt that an injured party as a satisfactory reason that there is a second report. The liability will be based on the first report. The combined effect exposes one owner to substantial liability. To vote yes today continues to delay Pacha's ability to protect the safety of the people and remove the substantial risk of liability from the shoulder of one person. Finally, these buildings are unsafe. Jim Jacob, a structural engineer with VG Engineering, a long standing engineering firm in the community on which this Commission has seen on many occasion has reviewed the buildings and discussed and examined and in Jim Jacob's opinion strongly concluded many of the brick units are badly deteriorated, have little strength, the masonry walls of the structures are badly deteriorated showing uneven settling with bowing and cracking are beyond the useful life and are unstable. The buildings are essentially are in danger of collapse. In Jim Jacob's opinion the structures pose real danger to the tenants, their guests, and bystanders. Jim Jacobs previously gave a presentation before this Commission regarding the buildings and its findings. After that the City issued their notice to the owner. Jim Jacobs has reviewed the report from the MorningStar Studio and stands firmly in his opinion. McCarragher concluded to vote yes today exposes the tenants who have not yet agreed to leave, their guests and customers, and any person in the immediate vicinity of the buildings to risk of serious harm. A vote of yes potentially poses a cost of hundreds of thousands of dollars upon the property owner if the buildings could even be repaired. It significantly reduces the value of the area and stifles development in the entire area. The owner requests that you vote no to the historic zoning overlay request for 608, 610, and 614 South Dubuque Street. William Ingles, lives and works at 608 South Dubuque Street, and feels the last speaker spoke of Planning and Zoning Commission December 18, 2014 - Formal Page 10 of 23 many things that misrepresented the truth and hopes to correct some of things the Commission just heard. First is the Jacobs' inspection report, it is full of errors, misstatements and exaggerations mistaking cosmetic injury for structural engineering problems. When Jacobs stood before the Commission at the November meeting and stated that Ingles' place should have never been allowed to have books in it because the floor was unsupported when actually this structural engineer missed a 40 foot beam that travels from the front to the back of the building and is supported by seven jack posts. Jim Jacobs is called upon every time Hodge Construction needs to tear down a building in order to make something new in its place. Hodge got just what he paid for when Jim Jacobs filed his report. Many things have happened to Pacha unfortunately due to the Jacobs report including a vacate and abate order issued by the City, and again to correct the previous speaker, it's not a vacate and then abate, it's a vacate and abate so vacating does not need to happen before any abatement needs to be performed. That is just an example of mistakes stated from the previous speaker. Regarding the second inspection done by Shannon Duggan, Ingles said every single tenant allowed Ms. Duggan to come in. We had no idea that Pacha had any qualms about that. Last Ingles was aware, a second inspection was discussed here at the last Commission meeting where Pacha had stood up and said a second inspection was fine as long as he did not have to pay for it. That criteria was met, there was a crowd funded second inspection, an inspector from Cedar Rapids, not Iowa City, so there would be no conflict of interest. Many things have descended from that first report. A vacate and abate order, the allowance of a demolition permit request, and now Pacha has to apparently make an appearance on January 8 regarding his violations. All of that stems from an inaccurate report which for some reason the City is tied to despite the second report clearly refuting point by point in exhaustive detail every mistake made by the first report. Ingles is unaware if any of this information is even germane to the topic before the Commission tonight, whether the property is historic or not, but hopes the decision the Commission makes be flavored by such poor information that was heard by the previous speaker. Jen Allen, lives in a 100 year old historic house and declared she has insurance for liability. She asserted that these lovely buildings, if torn down, the whole block will go which would be a shame. Allen also acknowledged that no one has said, in media or otherwise, while there is sympathy for the property owner thank God there is allowance for public input and a zoning commission. Kate Corcoran, an at -large member of the Iowa City Historic Preservation Commission, would like to attest to the fact that the Historic Commission had correct and thorough information at the December 11 meeting last week when it considered the Friends of Historic Preservation's application for designation of 608, 610, and 614 South Dubuque Street as historic landmarks. All members of the Commission had sufficient time prior to the meeting to review the 28 pages of documents and 16 pages of photos that were in the meeting packets. The Commission also received a memo from Alicia Trimble, director of the Friends of Historic Preservation, submitted prior to the meeting, and then during the meeting they listened to the testimony of Ms. Trimble, Mr. Pacha and his son Kelsey, Mr. McCarragher, two tenants with businesses in the cottages, and a number of Iowa City residents. That public comment probably took at least an hour. After the public comments, the Commission had a serious discussion regarding the merits of the application and a thoughtful consideration of the criteria, and then decided unanimously by a vote of 9-0 that the properties met more than the minimum criteria for the landmark designation. Corcoran just wanted to assure the Planning and Zoning Commission that her colleagues and she take their responsibilities serious and exercise them properly last week when they voted to approve this application. Mary Bennett (1107 Muscatine Ave) wished to speak about the intangibles, and looks to this Commission as giving the citizens of Iowa City a recourse against all this rampant development that is happening around us and how we are so easily erasing the memory of those who came before us. Planning and Zoning Commission December 18, 2014 - Formal Page 11 of 23 The people that built this town, that gave us the stories we want to tell over and over again, and she feels it is very disrespectful to the Old Capital Building and the history of Iowa when we disregard it and build high buildings around it. She feels it is disrespectful that we don't understand the location of that depot created the development of the small businesses and cottages around it which is an integral part of all our history. Bennett declared she does believe when a property owner buys property they do have right, but if they target their purchase as a older building they have added responsibilities to the citizens of this community. They should be stewards of that land, not just looking at it as opportunist for profits. If this plan was in place as early as the 1990's, or in the time period when the owner was buying the property, he should have been aware, just looking at them one can see they are historic and date back 150 years. So it is somewhat naive to come here tonight and say gee I didn't know these were important buildings because they have been that way forever. Bennett believes the owner has a responsibility to the citizens of Iowa City, the Commission has a responsibility to the citizens, and the Friends of Historic Preservation and the Historic Preservation Commission have done their duty. They are not just looking at things from an economic point of view, the Planning and Zoning Commission is not to look only at things from an economic point of view, the Commission's duty is to restore balance in the community and allow voices to be heard. The purpose of the Comprehensive Plan, and the workshop with 300 people, and the progression of this plan over time which of course has to adapted and revised, everything is pointed in a direction that these are truly significant buildings. Therefore it is very dismissive to stand here tonight and say they would harm economic development because she feels they can help economic development. Bennett urges the Commission to adopt this application for landmark status, so even if ultimately the buildings are torn down, some mitigation efforts might be taken to document them in the most thorough and accurate manner. Don Anciaux (2119 Russell Drive) stated he used to serve on the Iowa City Planning and Zoning Commission and remembers several of these rezoning for historic preservations on buildings. The main one he recalls is the Carnegie Library, where again at the last minute they came in and said they wanted the library preserved. He doesn't understand, that after that was accomplished, the library was "saved", Anciaux spoke with the Historic Preservation Commission chairman after that and told him he did not want to see one of those last minute situations again. If it is to be decided a building is historic and need preservation, the commission needs to get going as soon as possible and get it in progress. This waiting until the last minute to come up with the historic preservation needs of some buildings is ridiculous. The preservation folks need to inventory what is in Iowa City, decide what is important, and have the process done in a thorough manner and in a comprehensive manner. These people that come in the eleventh hour and say this is historic, these are historic buildings, but they should have been on the historic register or whatever years ago. They did not become historic last week, not six months ago, they were historic about 50-60 years ago. Unfortunately 50-60 years ago we didn't pay as much attention to historic buildings, as seen by the buildings that were demolished for the Old Capitol Mall, it's sad, but again it needs to be done in a timely manner and it needs to be done comprehensively and then hopefully it would avoid all this confusion in the future. Janice Fry (922 N. Dodge St.) is very concerned with the fact that everyone seems to be talking about the timing of this and if these buildings are demolished there is no issue anymore. She believes we need to do what we can to save them from that fate so there can be more public input. There are a lot of stories behind these cottages and there are people still alive in the city who know those stories and they should have an opportunity to speak to that. She hopes the Commission does vote to approve the rezoning. Pam Michaud (109 S. Johnson St) has been a member of the Iowa City Historic Preservation Commission for 12 years and lives behind where the Red Avocado used to be adjacent to a block long four story building. Her neighborhood as totally been transformed from gentile Victorian, when she Planning and Zoning Commission December 18, 2014 - Formal Page 12 of 23 bought her house she was not aware it was CB -2, she should have done her homework, she assumed the neighborhood would stay as was. Michaud is from Chicago and her neighborhood there, as well as much of the north side, has not been touched. There is a no -tear down rule in the many contiguous ethnic neighborhoods. Today, Michaud was at the public library and looked at the historic photos, she went to the Heirloom restaurant and looked at historic photos, and all were unrecognizable. There was nothing looking down Dubuque Street that we should recognize today. The Sheraton Hotel is there and the new high rises, funded by public funds in spite of other funds being available from private developers. It is easy to knock things down, however hindsight is always 20/20. In the 12 years Michaud has been involved with the Historic Preservation Commission they have reviewed numerous neighborhoods, they've added the Jefferson Street Historic District, they have address issues having to do with the University and buildings that were flooded out and destroyed, that was time consuming. The Commission also dealt with the tornado damage in 2006, particularly on Iowa Avenue. Her point is the Historic Commission has not been idle, there are more things on their backburner than they have time for. Michaud stated that the budget for the Historic Preservation Commission's staff has been cut. So if people want historic preservation to move forward there should be City funding for a full-time historic preservation assistant. Michaud expressed that they are a volunteer organization, that put in three or four hour meetings at times, the discussion at last week's meeting was well over two hours. Please bear in mind that there is not enough City Staff support to push these things forward to designation. Theresa Koppel (1701 Flatiron Ave.) wished to speak on behalf of accepting this application for landmark status. She feels the Friends of Historic Preservation have done a marvelous job putting together the package they did in the amount of time they had available to them. They had plans to push though historic preservation for this property in the next year, they didn't know there was going to be the urgent desire to all of a sudden change the zoning and tear these building down before there was a chance. The fact that they were able to come such a comprehensive and thorough plan analysis of the situation and their historic designation is evidence that they had planned to do this. The fact that this was done at the "last" minute is not on any fault of the Friends of the Historic Preservation but rather because they had no idea that this was going to go through in such a rapid rushed urgent manner and they would have to act that quickly. It has been said that it is not a surprise that these buildings are historic in nature that we've known that for 50 or 60 years and Koppel would put forward that the owner also knew these buildings were historic when he purchased the property. There has been a lot said, both at the City Council meeting last week, and again tonight, about owners' rights, there is also a concept as owner responsibility. First of all, the owner had a responsibility to maintain those properties in a way that the tenants and passersbys would not be at risk from being in or near those buildings. And yet the engineers report suggests those properties have been allowed to deteriorate to the point that those tenants who had leases and paid rent, and ran business in those buildings were at risk. That is not an appropriate way to be a responsible property owner. Secondly when one owns a property that has historic landmarks status potentially, they should act as stewards of the property, that although they own the property legally that history belongs to every resident of Iowa City and they are stewards of that history. And to think we would lose that history for the sake of a new development, there is nothing that says a developer cannot develop that property, what is being said is to develop that property in light of the fact that there are three important cottages that are an important part of our heritage to the residents of Iowa City. We just recently celebrated Iowa City's 175 anniversary, the mayor had some wonderful fine remarks about the importance of acknowledging our history and remembering where we come from and who we are. Then immediately a week later voted against holding a public hearing to take a little more time to discuss the historic significance of these buildings and Koppel finds these two statements and actions to be in total opposition. All that was asked for was the time to develop this application, this application was put through the Historic Preservation Commission who agreed unanimously that these buildings have historic landmark status and should be preserved and she urges the Planning and Planning and Zoning Commission December 18, 2014 - Formal Page 13 of 23 Zoning Commission to uphold that. McCarragher rebutted a couple of points brought up this evening. With regards to the point that one does not have to vacate in order to abate, it is in the Commission's packet the notice that specifically states vacate the premise and abate. If there are structural problems with the buildings, and in both reports structural problems are identified, there is no way to repair structural problems with anyone living in the buildings. Secondly, McCarragher stated he was not at the Commission meeting last week, an earlier testimony identified him as being there. Finally all the owner expects is if someone (City or Friends of Historic Preservation) thinks a building is historic, talk to the owner. Talk to the owner, they don't have to get a designation that it is historic, let the owner know so if decisions are to be made on the future of the building, the owner has all the information. Freerks closed public hearing. Eastham moved that the Commission approve an application submitted by Iowa City Historic Preservation Commission for a rezoning to designate the properties located at 608, 610 and 614 S. Dubuque Street as Iowa City Historic Landmarks. (REZ14-00024) Theobald seconded the motion. Freeks began the discussion saying that while there was lots of discussion about lots of different topics related to these structures about what the past has held and what the future might hold, the charge to the Commission this evening is very concise and clear, simply to review the designation based on its relation to the Comprehensive Plan and proposed public improvements and plans for renewal of the area involved. Eastham asked Hektoen for clarification on the Historic Preservation Commission and their recommendation that these buildings qualify as Iowa City Historic Landmarks, and if the Planning and Zoning Commission does not have to review their recommendation. Hektoen confirmed that the Historic Preservation Commission's recommendation to Council is separate from Planning and Zoning's recommendation to Council. They are separate entities. Eastham also discussed the immense information the Commission received about the structural conditions of the buildings, and questioned how that information is to pertain to the Commission's discussion and decision this evening. Hektoen stated that information is for City Council, a memo to City Council has been written by the City Attorney stating it is not the Council's, or the Commission's, place to get involved deciding which engineer's study is more or less accurate. As Mr. McCarragher indicated there are liability issues associated with taking a less conservative approach. Freerks stated she has looked through the Riverfront Crossings Plan carefully and already there are two structures there, the water treatment plant and Sabin School, which are headed for the wrecking ball and the City has something to do with that. She believes the City can now have something to do with extending the conversation of what occurs in this situation with the cottages. She believes these are historic buildings, that has been clear for some time, and agrees it would be nicer to work on these historic designations in a more efficient timeline however there really is a resource crunch and there are times where just letting something be will be okay. Freeks does think it is clear that this designation does meet the goals of the Comprehensive Plan, it is called out specifically in a paragraph with an illustration, and does also show that perhaps it is not best for the area to have block long multi- story buildings. The Plan provides a vision and gives one an idea what is really expected for the future of this area. Freerks believes this whole situation is all one unfortunate circumstance after another and hopes that something can occur that is the best for the public and the owner. Planning and Zoning Commission December 18, 2014 - Formal Page 14 of 23 Eastham reviewed the Riverfront Crossings Master Plan again today and noticed as the Staff points out there is a specific illustration in the planning document that was approved within the last year, after a two-year long public hearing process, that shows these three buildings specifically have a potential historic significance. Therefore in his mind, these buildings have been identified publically as potentially having historic significance for quite some time now. There is also a sentence in the Staff report that is taken from the Riverfront Crossings Master Plan on page 9 that reads "these buildings provide character and ambiance to the study area and as such are important to identify and take measures to actively protect". The phrase Eastham is most moved by is the "contribution of these and other buildings in the Riverfront Crossings area establish the area as a unique place in Iowa City". Therefore the Plan does not contemplate preserving just specific buildings, the Plan contemplates preserving the specific kind of area within the city and these buildings help establish that area. Eastham stated he is happy that the Historic Preservation Commission has gone through the process to recommend designation of these buildings as Iowa City Historic Landmarks Thomas acknowledged that clearly the Riverfront Crossings Plan highlights the cottages and some of the findings of the Historic Preservation Commission gave support and narrative to the Riverfront Crossings Plan. One thing the Commission's findings identified was the contribution of the buildings to the setting. There is a relationship to those cottages, the depot, to the development of a neighborhood commercial zone there, which is precisely the kind of mixed-use commercial development we are trying to support and sustain in the downtown area. Thomas believes this particular block is crucial to the development of the Central Crossings sub district. Martin stated she agrees with her fellow Commissioners and shares a great deal of respect for the history of Iowa City, particularly this neighborhood. However, what leaves her uncomfortable is how this process happened and understands that is not relevant to the vote tonight. It brings the question that now that these buildings are being deemed structurally unsound and notices have been placed on the buildings, if the owner doesn't want them historic, do they become abandoned, do they become completely dilapidated, was this all for not. The answer is are they deemed historic, probably yes, but the process does not sit well. Freerks stated there was a plan to survey this area, which was to start today, in the works before any of this was an issue. The speed by which all this happened was due to an action of an application to rezone the area. Martin expressed it is not the speed that is concerning to her, it is the overall process. Eastham asserted that Martin is concerned of what happens if a building is designated historic, what happens if the owner ignores the building. What happens then? Martin confirmed that is what her concern is. Freerks declared that in the past when buildings were designated as historic that needed a great deal of work, it takes time to complete the work and there is not an easy or quick answer. Eastham also reiterated that a previous speaker mentioned there is state and federal grants available for preserving historic landmarks. Freerks believed there is some responsibility to the owner to try to maintain the historic landmark buildings. Hektoen stated there are provisions in the code that seek to prevent demolition by neglect. Swygard declared that she agreed with all that has been said. Theobald agreed everyone has pretty much summed up everything, but would also like to thank Mr. Pacha for his endurance while the City has worked through this process in this very public forum and Planning and Zoning Commission December 18, 2014 - Formal Page 15 of 23 also want to thank him for using the good neighbor policy in good faith at the very beginning of the original process and application which is voluntary and only requires property owners within 300 feet be notified. Theobald also wanted to thank the community members who have been part of this process. She feels it is very clepr to her that these are historic buildings and secondly the Riverfront Crossings Plan calls them out for preservation, so she will be supporting this application. Dyer stated for the record she agreed with all that has been said and had nothing to add. A vote was taken and the motion carried 7-0. The Commission took a five minute recess, when reconvened Freeks had to leave so Eastham took over as chair of the meeting. Rezoning Item (REZ14-00010) Discussion of an application submitted by Steve Gordon for a rezoning to amend an OPD- 12 plan to allow 72 multi -family condominium dwellings for property currently zoned for single-family manufactured housing on 21.24 acres of property located south of Paddock Circle and west of Heinz Road. Eastham stated he had a conversation with the applicant several days ago and in that conversation it was discussed how Eastham goes about making decisions, which is he looks at the Comprehensive Plan, the zoning, and ordinances and try to reconcile those in regard to a specific application. Eastham also noted he prefers to see if there are any gray or unclear areas in the application with regard to the zoning code or Comprehensive Plan and to advise applicants to pay specific attention to that. Walz began by showing the location map of the area, and the area is served now by a private drive that circles through the manufactured housing area that is constructed. She pointed on the map the portion of the development that remains undeveloped, and it is stated in her report that the factory built housing zoning district no longer exists in the zoning code. So at the time the zoning code rewrite took place the designation was changed to RS -12 with a Planned Development Overlay and now the applicant is wanting to amend that overlay to allow for alternative ownership condominiums. In 2008 the crisis in the housing market caused a change in manufactured housing, the market for that type of housing is greatly diminished due to requirements for mortgages, so in Staffs view it seems prudent to consider what is an appropriate alternative in this location. Walz showed a view of the larger development area, pointing out the other mobile home park in the area, Bon Aire, which is not part of this planned development, and it is not under the ownership of this organization that is proposing for this rezoning. Walz pointed out Heinz Road and stated it is the only public road for this development, the other public outlet to a street through Paddock Circle is to Pinto Lane. Heinz Road will eventually extend down to a future arterial street, the extension of McCollister Blvd, other future streets not yet built but part of another future development are Mustang Lane and Shire which are both private streets. So the only public streets in this area are the eventual extension of McCollister to connect to Heinz Road. Walz pointed to the larger South District Plan and showed that this is an area that is fairly cut off from the rest of the community. She pointed out the Saddlebrook area, the manufactured home area, some multi -family homes, some townhomes, and the future areas of duplexes and townhomes. What the applicant is proposing with this development to create the extension of Shire Lane to public street standards, and to extend Mustang Lane to public street standards so they would have the street width, sidewalks, and tree requirements to public standards. In order to construct the development Shire Lane would be built down to the end of the development and Staff is recommending if that is approved LATE HANDOUTS distribution of packet on Thursday. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org ITEM 5a REZONING 608 AND 610 S. DUBUQUE STREET LANDMARK DESIGNATION - See additional correspondence ITEM 11 REVISION TO TAXICAB correspondence 5ez,- Marian Karr From: Delisa Baker <DBaker@pughhagan.com> Sent: Friday, January 16, 2015 4:34 PM To: Council Cc: Joan Tiemeyer; Michael Pugh; Bryce Dalton Subject: Designation of 608 and 610 S. Dubuque St as Historic Landmarks Attachments: 00029262.pdf Please see the attached correspondence. Thank you DeLisa A. Baker, Assistant to Michael J. Pugh & Office Manager Pugh Hagan Prahm PLC — Attorneys and Counselors 1100 6th St., Suite 102, Coralville, IA 52241-1755 office: (319) 351-2028 1 fax: (319) 351-1102 1 Ward I Email I PughHa ag n.com Notice: Since email messages sent between you and Pugh Hagan PLC and its employees are transmitted over the Internet, Pugh Hagan PLC cannot assure that such messages are secure. You should be careful in transmitting information to Pugh Hagan PLC that you consider confidential. If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with Pugh Hagan PLC. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney- client privilege. It should also not be forwarded to anyone else. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. IRS Circular 230 Disclosure: To ensure compliance with the requirements imposed by the IRS, we inform you that (1) any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for purposes of avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein or any attachments hereto. Pugh Hagan PrahmpLc ATTORNEYS & COUNSELORS January 16, 2015 VIA E-MAIL AND U.S. MAIL Iowa City Council 410 E. Washington Street Iowa City, IA 52240 1100 SIXTH STREET SUITE 102 CORALVILLE, IOWA 52241 PHONE 319-351-2028 FAX 319-351-1102 RE: Designation of 608 and 610 S. Dubuque Street as Historic Landmarks Dear Respected City Council Members: PUGHHAGAN.COM MPUGH@PUGHHAGAN.COM This office represents The Greater Iowa City Area Home Builders Association ("HBA"). We have closely followed the events and proceedings regarding the cottages at 608 and 610 S. Dubuque Street. It is encouraging to see the community's heightened interest in its local real estate. In anticipation of the upcoming public hearing on January 20, 2014, the HBA would like to share the following in support of its position that the Council not designate these properties as historic landmarks. It does so as an entity that actively advocates for both responsible, sustainable development in the Iowa City area as well as the preservation of the community's unique real estate heritage. The Iowa City real estate market has thrived, in part, because of revitalization of several areas of the community. This is true for the very neighborhood surrounding the cottages on Dubuque Street (for example, The Depot Apartments). The City has benefited economically from these efforts in the form of an increased property tax base, additional supply of sustainable housing, and new commercial activity. Socially, rehabilitation of such areas has provided new cultural, entertainment, and recreational opportunities for Iowa City. Redevelopment of the cottages offers the City an opportunity to revitalize portions of Dubuque Street that have received little attention but offer great promise. However, the City's designation of these cottages as historic landmarks will come at a cost that outweighs any nostalgic benefit. The HBA represents the builders, developers, suppliers, brokers, and other industry professionals who are integral to the community's economic success. Our thriving real estate market and strong economy are a direct result of the investment these businesses have committed to the area. Designation of the two cottages as historic landmarks, and similar efforts toward other properties, will result in a negative economic impact to our community as a whole. While it is true that there are {00029177} PUGH HAGAN PRAHM PLC January 16, 2015 Page 2 some circumstances where historic preservation does result in positive economic impact, designating structures as "historic landmarks" merely because they are old is not one of them. In similar fashion, given the fact these buildings have already been deemed structurally unfit for continued safe use, designating them as historic landmarks will simply result in the buildings sitting vacant. Few builders and developers have the capacity to undertake a historic renovation. The cost and time involved simply outweigh any possible incentive of undertaking such a project. For those that do, they do so only with significant government investment. While HBA appreciates the sentiments being expressed for these buildings, it is unreasonable to burden the current owner with such sentimental costs. HBA also believes designating these properties as historical landmarks infringes on the owner's legal property rights. The cottages are neither located in an area adopted by the City as a designated historic district nor have they been identified as historic landmarks over the last several decades. To the contrary, they are located a significant distance from the closest historic district. No doubt the developer acquired these properties based on this very fact, believing he could develop them as permitted under local zoning laws. He appears to have properly applied for and received the necessary permits to develop the properties. It is likewise HBA's understanding the current owner has offered to donate the cottages to local historic preservationists and even contribute to their salvation. The rezoning now being advocated by these groups not only constitutes "spot" zoning, but would also be considered a regulatory taking for which compensation is required. For this and all other reasons, the HBA encourages the Council to refrain from designating these buildings as historic landmarks. cc: The Greater Iowa City Area Home Builders Association {00029177} Very truly yours, PUGH HAGAN PRAHM PLC Michael J. Pugh Marian Karr From: Ralph Ramer <ralphramer@yahoo.com> Sent: Saturday, January 17, 2015 2:52 PM To: Council Subject: S. Dubuque cottages I propose a comprise on S. Dubuque cottages. The building to replace them should consists of a 1 st floor for businesses, with a required fagade that re-creates the historic integrity of the 3 cottages. Let subsequent upper floors be harmonious w/ the 1 st floor architecture. Ralph Ramer ralphramer ,yahoo.com Marian Karr From: council@iowa-city.org Sent: Saturday, January 17, 2015 10:13 PM To: Council Subject: Cottages Form Submission New Form Submission Name: Andy Draus Email: draushauslgyahoo.com Message:It would be just plain nuts to destroy these Iowa City cottages! Destroying them is a decision made not just for people today, but would be opportunity for a decision taken from all generations to come. Why would the city council vote against holding a public hearing?? Have they forgotten their role as representatives of the city? How could they better know the will of the people than by holding a public hearing to let the public speak! Seriously, let these cottages alone. Find another location for development. There certainly is an alternative. Use your brains and find it. Andy Draus Bellevue, Iowa draushausI@yahoo.com Form submitted from website: www.ic-fhp.org Visitor IP address: 173.213.188.235 Marian Karr From: council@iowa-city.org Sent: Sunday, January 18, 2015 5:19 AM To: Council Subject: Cottages on Dubuque Submission New Form Submission Name: Benjamin David Steele Email: benjamindavidsteelegyahoo.com Message: City Councilors, Please take this issue seriously. I genuinely believe a community that doesn't value its past won't be able to create a future of value. The problem we face isn't just about these buildings being threatened. It is the lack of respect for what community means or should mean in this town. This should never gotten this far. There should be a law in place that enforces a community process in deciding the fate of buildings this old. At the very least, there should have been a public hearing immediately when this became an issue. We live in a democracy and I demand that you as my representatives act accordingly. The city council doesn't exist merely to serve the interests of business owners and developers. The city council should first and foremost serve the entire community. This isn't just a property issue. This is our shared history. It defines who we are. Thanks, Benjamin D. Steele Form submitted from website: www.salvagebam.org Visitor IP address: 173.28.200.176 Marian Karr From: Gary Reynolds <reyn@sharontc.net> Sent: Monday, January 19, 2015 9:32 AM To: Council Subject: Cottages To the City Council members: Why is it even debatable what to do with the two remaining Civil War era cottages? There will never be anything like these built again. At best, they should be preserved where they are. At least, they should be preserved somewhere. Will the building/buildings behind them be destroyed? How can the property owners with deep pockets think it is okay to destroy something with such historic significance so they can build apartments with no historic significance in their place? I grew up in a house built in the 1860's. It is still being lived in. We could have it destoyed in order to open up a few more acres of farmland. What a shame that would be. Please save the cottages. Christine Reynolds Marian Karr From: hannah Holman <holman.hannah@gmail.com> Sent: Monday, January 19, 2015 10:55 AM To: Council Subject: Please preserve the historic cottages that remain. Dear Iowa City council members, I write to you today from NYC, but Iowa City and the beloved cottages are close to my heart. I reside in Iowa City, and work in NYC. My 10 year old son and I attended the rally on Saturday in Iowa City to preserve the two remaining cottages. He attended Kung Fu classes for several years at the cottage that has been torn down already. I urge you to give these cottages Historic Preservation/Landmark status. We are nothing without where we have come from. I think that it is possible for new constructions to go up, and even a good thing, but not at the expense of destroying a beautiful part of Iowa City's important history. It is impossible to ever build these buildings again. Once they are gone, they are gone forever. Today stems from yesterday. With all my best wishes, Hannah Holman cellist, New York City Ballet Orchestra principal cellist, Quad City Symphony former cellist, Maia Quartet Marian Karr From: council@iowa-city.org Sent: Monday, January 19, 2015 11:16 AM To: Council Subject: Cottages Form Submission New Form Submission Name: Craig Carney Email: racquetmasterkgmail.com Message:I own Racquet Master. My building will be torn down no matter what happens with the cottages. On Dec 6 you did not know if the cottages were historically significant or not. Now the Iowa City historic commission,the planning and zoning commission and the state historic commission have all said they are historically significant. The riverfront crossing plan says to save these cottages. I don't see what conclusion you can come to other than to save the cottages. Please do what is right. Regards, Craig Carney. Form submitted from website: ic-fhp.org Visitor IP address: 75.167.219.74 01-20-15 45�1 5b Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ14-00010) DRAFT ORDINANCE NO. �`" AN ORDINANCE CONDITIONALLY REZONING 21.24 ACRES OF PROPERTY FOR A PLANNED DEVELOPMENT OVERLAY/HIGH DENSITY SINGLE FAMILY RESIDENTIAL (OPD/RS12) ZONE TO ALLOW 72 MULTIFAMILY DWELLING UNITS LOCATED SOUTH OF PADDOCK CIRCLE AND WEST OF HEINZ ROAD. (REZ14=00010) WHEREAS, the applicant, Steve Gordon, has requested a rezoning of property located south of Paddock Circle and west of Heinz Road in order to amend the Planned Development Overlay/High Density Single Family Residential (OPD/RS12) to allow 72 dwelling units to be provided in four multi -family condominium buildings; and WHEREAS, the property is currently zoned for manufactured housing and is designated for this use in the future land use map in the South District Plan; and WHEREAS, recent changes in financing have made it difficult to obtain mortgages for manufactured housing on leased lots; and WHEREAS, the proposed plan for 72 multi -family units will not lead to an increase in density over the 73 units of manufactured housing currently allowed; and WHEREAS, the applicant has designed the site to be integrated with adjacent streets and open space with buildings oriented toward the street, extension of trails, and preservation of open space for the benefit of all residents of the Saddlebrook neighborhood; and WHEREAS, the mass, scale, and design of the proposed buildings are compatible with the surrounding development; and WHEREAS, the applicant will extend public infrastructure by platting and building Shire Lane and Mustang to City street standards, including sidewalks and street trees; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for extension of public infrastructure, number of bedrooms, site layout, and building design and construction; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the attached planned development plan for property described below, zoned OPD/RS12 is hereby approved: A PART OF LOT 4 AND LOT 6, SADDLEBROOK ADDITION PART 2, AS RECORDED IN JOHNSON COUNTY RECORDER'S OFFICE BOOK 42, PAGE 246, AND A PART OF AUDITOR'S PARCEL 2004093, AS RECORDED IN JOHNSON COUNTY RECORDER'S OFFICE BOOK 48, PAGE 161. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authdried anu-directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the prop0r(yLdwn s) ari"d�the City, following passage and approval of this Ordinance. --=q- C-' ..:�„ SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval R -:b OWnanct the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and rec ,`rd= the same,111e Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon'tte final passu e, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with#lie proSions of this Ordinance are hereby repealed. N, Ordinance No. Page 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DAT E. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office �y --- -------- ......_ 3-3' a8__..-..- voa il ul a" 1V 2i 1 -,d upv g m u -g 1� - qR °g u -a� sad g u u -i zm g fa "R ..°.8 8-R �� R ��6 m.R R �d8 mS e8 3� e8 �3 wR a eS !-a �8 SR Hi 1R _ ^ama o ii 6m u eS g�ml."os io'o°. ga >,33 42- - 30 '2 »0 '¢ N3 &3 nm3 - -_'°� as mm o G nse�m m a e� a �� m'F 8S='"• m m 8'f - m3 aLS su . E v f n A 3f =§"„N 6F R2 m� £ :3 i;G m $G� g -p 10 N2.0-9 oR °s8"$U `N ma tiR ao3EL ma S ss5� "S Sa - o -nse >g ;a °a gma 3� $a wpm F 8w s 'a 8 g H on °� - `Fe quo g^eRe m - 66 ZA So qon �o oa e' e s •' � - m"° -3s m �� o" "- H "a 0s"a �° '"- 3°.g $€ � ; Aa ag„a 3$ d6gaN &$ 4 4 8a riga � -C• i j - � - NHa Nvm No yyy . ... p + \ /�m? c c > >�''gNrn ADancc C.0 ,�1 �•�7i�g� m"ac oa$�a'w3 zN,N ymzza� y ,'` mak• , } psi pyo o'g a m N S N F 1 L 7 snmm cgi p � E "" Bio n N c�ncD c C 51.4.ttt E 3 R £ ':1-11,111 9L o / � m 10 �pgx• me�M� � p3 ea�e� D Z ' of �: ° m :a(y°•<� \:��e° �- it '� ` � I ly. f.� The Overlook at Saddlebrook or € -po= p Preliminary OPD Plan3s�� rn r m ��@ I' s PADDOCK L.L.C. ; z I : 0 r.. z0 CI - Y I IOWA e n 1 C Iy O y m Part of Lot 4 and Lot 6 of Saddlebrook m 1! / - X915 Addition Part 2 m I- & ?,' 1 �' I C fli � v • ', ' IL future Connece " k i, a e PUTfic -' / y ca M i6 C2 D3 _ c! C241, E 3 R £ ':1-11,111 9L o / � m 10 �pgx• me�M� � p3 ea�e� D Z The Overlook at Saddlebrook or € -po= p Preliminary OPD Plan3s�� r m ��@ I' s PADDOCK L.L.C. ; z 'oR�gl[ z0 CI - Y I IOWA e n 1 C ee y m Part of Lot 4 and Lot 6 of Saddlebrook m X915 Addition Part 2 m Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ14-00010) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Paddock LLC (hereinafter "Owner"), and Steve Gordon (hereinafter "Applicant"). WHEREAS, Owner is the legal title holder of approximately 21.24 acres of property located south of Paddock Circle and west of Heinz Road; and WHEREAS, the Owner has requested approval of a Planned Development Overlay Plan of said property to allow alternative ownership under its current Overlay Planned Development/High Density Single -Family Residential (OPD/RS-12) zoning; and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding extension of public infrastructure, site layout and building design and construction, and number of bedrooms per unit, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for improved connectivity and long-term stability of the development; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Paddock LLC is the legal title holder of the property legally described as: A PART OF LOT 4 AND LOT 6, SADDLEBROOK ADDITION PART 2, AS RECORDED IN JOHNSON COUNTY RECORDER'S OFFICE BOOK 42, PAGE 246, AND A PART OF AUDITOR'S PARCEL 2004093, AS RECORDED IN JOHNSON COUNTY RECORDER'S OFFICE BOOK 48, PAGE161. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the South District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, inmrder to satisfy public needs caused by the requested change. s � 3. In consideration of the City's rezoning the subject property, Owner agrees t�C"e%0opmeric of the subject property will conform to all other requirements of the zoning chate,r, as.welln• the following conditions: -�, ca ppdadm/agt1rez14-00010 shire lane cza final.doc a. Any development shall be in substantial compliance with the site plan and elevations submitted on November 6, 2014 (including the use of masonry and cement board siding) and shall be limited to one- and two-bedroom units; b. Prior to issuance of a building permit for any development activity on the above- described property, the following must occur: i. The Owner shall agree, in writing, to install and dedicate Mustang Lane west of Heinz Road and extend Heinz Road to Mustang Lane as a public improvement prior to any development east of Shire Lane, which agreement may be done by amendment to the Saddlebrook, Part Two Subdivider's Agreement, recorded at Book 3037, Page 304, in the Records of the Johnson County Recorder's Office; Shire Lane and Mustang Lane shall be platted as public streets; iii. The applicant will provide a statement from his engineer indicating that the stormwater detention pond is adequate to handle the proposed development and that all necessary modifications due to the extension of McCollister Boulevard can be constructed on site. c. Prior to the issuance of an occupancy permit for any dwelling units constructed on the above-described property, Shire Lane shall be extended to the McCollister Blvd. right-of-way with a temporary turnaround constructed at the south end of Shire Lane. The cost of removing the temporary turn -around improvement shall be deposited in an escrow account to ensure that it is removed when McCollister Boulevard is extended; d. The City will accept dedication of Shire Lane as a public improvement concurrent with the dedication of Heinz Road and Mustang Lane. Prior to dedication, Shire Lane will be inspected by the Public Works Department. Any repairs deemed necessary must be made by the developer before the City will accept dedication; and e. The Owner acknowledges that a portion of the Stormwater detention pond serving the above-described property encroaches on to City -owned property upon which the City intends to construct McCollister Boulevard. At such time as the City determines that it will construct McCollister Boulevard, the Owner shall be solely responsible for timely performing any and all modifications to said stormwater detention pond necessary to eliminate this encroachment and maintain compliance with the storm water obligations pursuant to the Iowa City Code of Ordinances. This cost shall be born solely by Owner, who must provide the City with a letter of credit prior to issuance of any building permit for development on the above-described property to ensure satisfaction with this obligation. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms,i f this Zonditional Zoning Agreement. 3 6. The parties acknowledge that this Conditional Zoning Agreement shall tu�.eehi4 d ta;�ba a covenant running with the land and with title to the land, and shall remain irfUTl�forc andf#ect p . as a covenant with title to the land, unless or until released of record by the Gity6f Iowa Cites ppdadm/agUrez14-00010 shire lane cza final.doc 2 7. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 9. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this day of CITY OF IOWA CITY Name of current, Mayor Attest: 20 . 0 Marian K. Karr, City Clerk By: Approved by: r t� City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: m= STATE OF IOWA ) ., ss: JOHNSON COUNTY ) This instrument was acknowledged before me on , 2015 by Susan Mims and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ppdadm/agt/rez14-00010 shire lane cza final.doc 3 CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on 1 20_ by as of Inc. Notary Public in and for said County and State (Stamp or Seal) Title (and Rank) Paddock LLC ACKNOWLEDGMENT: State of County of C-2) This record was acknowledged before me on (Date) b (Name(s) of individual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed). Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadrn1agt1rez14-00010 shire lane cza final.doc 4 STAFF REPORT To: Planning and Zoning Commission Prepared by: Sarah Walz, Associate Planner Item: REZ14-00010 Shire Lane Date: December 18, 2014 GENERAL INFORMATION: Applicant: Steve Gordon 2871 Heinz Road Iowa City, IA 52240 319-354-1961 saordon(M-ammanagement.net Owner: Paddock LLC 2871 Heinz Road, Suite B Iowa City, Iowa 52240 Requested Action: Rezoning to amend a Medium Density Single -Family Overlay Planned Development (OPD-RS12) Plan for a portion of Lot 4 and 6 of Saddlebrook Addition Part 2. Purpose: To allow alternative ownership condominium for property currently zoned for manufactured single- family housing. Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: File Date: 45 Day Limitation Period: SPECIAL INFORMATION: Public Utilities: Shire Lane: South of Paddock Circle, west of Heinz Road. 21.24 acres Undeveloped (OPD -12) North: Manufactured Housing (OPD -RS -12) South: Wetland Conservation Area (RR1) East: Undeveloped (OPD-RS12) West: Undeveloped (RS -12) November 19, 2014 January 3, 2015 Sanitary sewer and municipal water service are available for this property. Public Services: Garbage and recycling will be provided by a private K hauler. The nearest bus stop is at the intersection of Highway 6 and Heinz Road where both Mall and Lakeside Routes stop. This is approximately one half mile from the proposed development. Police and fire services to be provided by the City. BACKGROUND INFORMATION: The Saddlebrook property was annexed into Iowa City in 1994. The annexation and zoning were subject to a Conditional Zoning Agreement (CZA) that required the developer to provide for wetland protection and mitigation, construction of a trail network, dedication or payment of fees for neighborhood open space, and reserved space for a potential school site. As a result, approximately 200 acres located south of the subject property are set aside in a conservation easement with a trail system that encircles the stormwater pond and wetland area. The original zoning for the property was Factory -Built Housing Residential (RFBH)—a designation that was discontinued when the City adopted its current zoning code in 2005. At the time of the code update, all RFBH zones were re -designated High Density Single -Family (RS -12) with a Planned Development Overlay (OPD). The original plat for Saddlebrook consisted of 285 manufactured housing units with access from a network of private drives connecting east to Heinz Road (a public street) and south to the future of McCollister Boulevard, an arterial street that will eventually provide an east -west connection across the entire South Planning District, linking up with Mormon Trek Boulevard west of the Iowa River. To date, 146 units of manufactured housing have been established in the area surrounding Paddock Circle. To the east of the Paddock Circle, along Heinz Road, the original plan was amended—changing 67 manufactured housing units to 80 dwelling units provided in a mix of duplex and multi -family buildings, resulting in a net gain of 13 units. While these units are platted, those south of Shetland Lane remain unconstructed. [See exhibit A.] Current Proposal: The area included in this proposal was originally platted to include 73 manufactured housing units. The underlying zoning for the property allows for single-family, duplex, and/or townhome development. However, the applicant does not believe there is a market for this type of housing at this location at this time and is therefore proposing a change to the OPD plan to allow alternative ownership --4 multi -family style buildings, providing 72 condominium dwelling units. At this time Heinz Road extends south from Highway 6 to Shetland Lane. The portion of Heinz Road that extends south to the future location of McCollister Boulevard, is platted but not constructed. Mustang Lane, which is platted as a private street, is also unconstructed. A small portion of Shire Lane, another private street, extends south from Paddock Circle approximately 110 feet. The extension of McCollister Boulevard remains unconstructed as most of the land along its planned route west of the Sycamore Greenway is undeveloped and outside current city limits. Until such time as Mustang Lane and the extension of Heinz Road are constructed, most traffic from the proposed development would travel along the Shire Lane to Paddock Circle and Paddock Boulevard (both private streets) to Heinz Road. Secondary access is provided from Pinto Lane, west of the Paddock Circle. [See exhibits B and C.] The applicant is proposing to construct Shire Lane, from Mustang south, as a 60 -foot right-of-way with 26 -ft pavement width in compliance with public street standards. Shire Lane would extend to 3 the south edge of the proposed development. The applicant would complete the connection to the future right-of-way line at such time as the extension of McCollister Boulevard is funded. Mustang Lane would be constructed and dedicated as a public street concurrent with the extension of Heinz Road. Shire Lane would be maintained by the property owner until such time as it may be connected with a public street—Mustang Lane or McCollister Boulevard, whichever is constructed first. ANALYSIS: Current zoning: The current OPD/RS-12 plan for this property allows 73 manufactured housing units to be located along a series of private streets extending from Paddock Circle. While Heinz Road to the east is a public street, all other streets within the development are built or platted as private streets and are not built to City standards. Proposed zoning: The proposed OPD plan would allow alternative ownership/condominium. The proposal does not increase the density of development allowed on the site. Rather, it would permit 72 units of housing to be provided in four multi -family buildings to be located along along the west side of an extension of Shire Lane. The applicant has indicated that the buildings would include 40 one- and 32 two-bedroom apartments. The Plan Development Overlay Zone (OPD) is established to permit flexibility in the use and design of structures and land in situations where conventional development may be inappropriate and where modification to requirements of the underlying zone will not be contrary to the intent and purpose of this Title, inconsistent with the Comprehensive Plan, as amended, or harmful to the surrounding neighborhood. The applicant is requesting the OPD approval for Alternative Ownership: "Condominium development where multiple units are located on the same lot. Dwelling units are typically owned individually and the structures, common areas, and facilities are owned by all dwelling unit owners on a proportional, undivided basis." General Planned Development Approval Criteria Applications for Planned Developments are reviewed for compliance with the following standards according to Article 14-3A of the Iowa City Zoning Ordinance. 1. The density or design of the Planned Development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation, and general layout. Density: The existing RS -12 zone is intended to provide for the development of single-family dwellings, duplexes, and attached single-family housing units at higher density than in other single-family zones. Because this zone represents a relatively high density for single-family development, the zoning code indicates that "dwellings should be in close proximity to all City services and facilities, especially parks, schools, and recreational facilities, and that special attention should be given to site design to ensure the development of quality neighborhoods." The proposed development would result in 72 one- and two-bedroom condominiums housed in 4 multi -family buildings. The overall density of development would be 3.7 units per acre. This is similar to the density found in the single-family neighborhood within one quarter mile of Grant Wood Elementary. Building Mass and Scale: All buildings are two-story and units feature patios at ground level and balconies on second floor units. The 16-plex is 138'x 70' and the 20-plex is 161'-4" x 70'. 4 Elevations are complementary to single-family structures in adjacent neighborhoods to the northwest. The design mimics a townhouse form with variation in facade and roofline breaking the facades of the buildings into smaller modules and the placement and size of windows and doors is similar in style to single-family architecture. The applicant has indicated materials on the elevations: vinyl siding and brick veneer masonry. Given the location of the site within the South District, in an area that already has a significant supply multi -family housing, staff has recommended that the buildings be constructed of higher quality materials—cement board siding rather than vinyl. Staff discussed this recommendation with the applicant. Traffic circulation: The proposed plan includes the construction of Shire Lane to public street standards (60 -foot ROW with 26 -foot pavement width). Until such time as Mustang Lane and Heinz Road are constructed, residents of the development would travel north along Shire Lane to Paddock Circle (a private street) that connects with Pinto Lane (a public street) to the west or to Paddock Boulevard (another private street), which connects to Heinz Road. It is unusual for the City to consider development of property that is not served by or directly connected to the public street network. Staff believes it may be in the public interest to do so in this case as the end result would extend the public street system and services beyond what would be required or possible if the property were to be developed as manufactured housing. However, staff recommends that at such time as any additional development is undertaken east of Shire Lane, south of the proposed Mustang Lane location, the developer should be required to complete the Heinz Road extension as well as the Mustang Lane connection to Shire Lane. Mustang Lane would be re -platted as a 60 -foot ROW with 26 -foot paved streets as required in the City's subdivision standards. [See Traffic Implications on page 7.] Staff recommends that the owner would maintain Shire Lane until Heinz Road and Mustang Lane are constructed, at which time all three streets will be dedicated as public rights-of-way. City engineers will need to approve construction drawings for Mustang and Shire Lanes. Before an occupancy permit is issued for the proposed multi -family buildings, the engineers must inspect and approve the constructed Shire Lane. Before accepting the dedication of Shire Lane, City engineers must inspect the road and the owner must make any repairs deemed necessary. A five-year maintenance bond will not be required for Shire Lane at the time of dedication. General layout: The Multi -family Design Standards in the Zoning Code require buildings to be oriented toward a public street, private street, or interior courtyard. The applicant has proposed 4 multi -family buildings—three are arranged around a courtyard that opens onto the public street; the fourth building faces onto the future extension of McCollister Boulevard. The proposed parking areas are shown divided into smaller, connected lots in order to slow traffic, maintain pedestrian safety, and reduce the visual impact of large parking areas. The minimum parking requirement is 104 spaces; the applicant is proposing 144 spaces to allow more than one space for it's one -bedroom units. Staff has recommended and the applicant has agreed to provide half of the required parking spaces (52 spaces) in garages. A row of garages are placed along the north side of the property to screen the parking area from neighboring single-family uses, and in other areas where garages will not block views of the open space from the central multi -family building. Most higher quality multi -family buildings include covered parking of some sort, and garages are an amenity that tends to preserve the value of rental properties. The proposed development preserves an area of open space between the development and 5 the stormwater pond to the west in addition to open space located along Paddock Circle. The open space would be owned and maintained by the proposed condominium development; the stormwater detention pond and surrounding trail is owned and maintained by the entire Saddlebrook homeowners association. The applicant proposes to create new trail connections linking the proposed development with the larger trail system. The site plan shows open areas as a combination of mowed turf along trails and rights-of-way and prairie in the central open space. The applicant has provided a management plan for how these areas would be maintained. 2. The development will not overburden existing streets and utilities. The 72 units proposed do not exceed the density that would be allowed under the current OPD plan. By limiting the units to 40 one -bedroom and 32 two-bedroom apartments, it is likely that this development will have a lower occupancy and lighter impact in terms of traffic than would 73 units of manufactured housing allowed under the current OPD plan. For the foreseeable future, the development will circulate through private streets to access public roads. However, if approved with conditions for Shire Lane and Mustang Lane to be built to current city subdivision standards and eventual dedication as public streets, the overall circulation for the Saddlebrook development will improve over time. The trails and sidewalks within the development are viewed as positive for pedestrian circulation within the development. The open space and trail extensions will help integrate the proposed units with the larger Saddlebrook neighborhood. Connections to sidewalks from the street -facing sides of buildings are shown. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more that would a conventional development. The proposed layout provides a large area of green space and separation between the single- family manufactured housing units and the proposed multi -family buildings. Garages along the north edge of the parking area will screen views of the parking and its associated noise and light glare from single-family homes to the north. By preserving open space along Paddock Circle and east of the stormwater pond, the development preserves views, light, air, and privacy for the manufactured housing units to the north. 4. The combination of land uses and building types and any variation from the underlying zoning requirements from City Street Standards will be in the public interest, in harmony with the purpose of this Title, and with other building regulations of the City. Since the mortgage crisis of 2008, financing for manufactured homes on leased lots has become unaffordable as most banks require these mortgages to carry a higher interest rate. Staff recognizes that the expansion of the manufactured housing park is not prudent in the foreseeable future and it may be some time before the manufactured housing market recovers. Therefore it seems reasonable to contemplate another form of housing in this area to contribute to the overall health of the neighborhood. The questions are: how much multi -family development is appropriate in this area? and is the timing right? Were McCollister Boulevard already in place, there would be a clearer argument for the proposed multi -family in this location, due to its direct adjacency to an arterial street and open space and its proximity to a major employment area—the industrial zone north of Highway 6. For time being however, the arterial street is not constructed nor funded. The development proposed in this application requires variations to allow multi -family buildings M in a single-family zone. The City has approved other OPD plans where multi -family buildings were used to cluster development away from sensitive areas or to create large areas of public open space or other amenities. The proposed multi -family structures cluster development away from the pond, preserving a large area of open space for the benefit of the entire Saddlebrook neighborhood. The applicant is not seeking any variation from the street standards and, if staffs recommendations regarding construction and dedication of the Heinz Road and Mustang and Shire Lane become a condition of the rezoning, development will eventually result in a better street network that benefits the entire neighborhood and create opportunity for better provision of public services within this portion Saddlebrook. Comprehensive Plan: This property is located in the South Planning District. The future land use map shows the property as small lot single-family and duplex development. The existing South District plan includes the following statements regarding multi -family housing: "Locate low to medium density multi -family housing in the form of townhouses and small apartment buildings at the edges of the neighborhood along arterial streets and near the neighborhood commercial center, trails, major open space areas, and institutional uses, such as a school or religious institutions. Limit the size of individual parcels zoned for such development, so that the scale of buildings is compatible with surrounding uses and the traffic generated from such development is adequately accommodated." "Ensure a variety of housing stock and provide controls on scale and density by providing small multi -family lots of approximately 12,000 to 16,000 square feet for low density multi -family housing at the intersection of collector and arterial streets. Lots of this size will assure that the resulting apartment buildings will be no more than four to six units per building so that there are no more than 24 units at any one intersection." The concentration of multi -family housing, especially in areas along Highway 6, continues to be issue of concern in South Iowa City. In part, this is due to poor management associated with some developments, such as Dolphin Pointe Enclave. However, another issue associated with large apartment complexes is that they are disconnected from the street network and lack integration with the surrounding neighborhood. Due to the area of land they occupy large multi- family developments sometimes create impediments for the surrounding neighborhood, blocking street connections and pedestrian access. Many multi -family developments throughout Iowa City lack usable open or recreational space. In other cases, open space within developments is secluded or hidden from view such that they can become a public safety concern. The design of this proposed development preserves a large area of private open space to the north and west of the apartment buildings. These areas are open and visible to the adjacent single-family neighborhood along Paddock Circle and served by a network of trails. In addition, the proposal includes an area for active recreation (a playground and gazebo picnic area) in the front courtyard between the buildings—this area opens onto Shire Lane. The property is directly adjacent to the future extension route of McCollister Boulevard, a major arterial street that will provide a much needed east -west connection across the South Planning District. However, at this time the extension of McCollister Boulevard remains an unfunded capital improvement. Given that land east of the Greenway is undeveloped and still outside city limits, the timing of the extension cannot be accurately predicted. Until construction of the McCollister extension, the proposed development must rely on private streets connecting to Heinz Road to access Highway 6 and Pinto Lane. Compatibility with neighborhood: Along the north end of the neighborhood, where Heinz Road intersects with Highway 6, there are approximately 276 dwelling units provided in 22 multi -family buildings. The neighborhood 7 transitions toward lower density housing with 26 townhome units and 2 fourplex buildings. Areas further to the south are platted to include 30 duplex units, and 8 more townhouse units. The area served by Paddock Circle includes 146 single-family manufactured homes. There is a diversity of housing in this neighborhood. If approved, the plan would require that both Mustang and Shire Lane be built to City street standards. This provides opportunity for City services—garbage and recycling collection (for duplexes) as well as transit, snow removal, etc.—and for extending the street network further into the neighborhood. This may be useful when McCollister Road is constructed as it will provide a second access point that may be attractive for residents along Paddock Circle, diverting some traffic from Heinz Road. Environmentally Sensitive Areas and/or Sustainability: As noted above, at the time the Saddlebrook property was annexed and rezoned, the developer set aside more than 200 acres of wetlands in the area south of the future McCollister Boulevard extension. The property currently under consideration does not have any environmentally sensitive areas. Traffic implications: Staff estimates that the proposed conomindium development could generate in excess of 900 trips per day. This exceeds the 500 vehicle per day allowance for a single means of access for a local street and triggers the requirement for a secondary access [15-3-2:A1 of the City Code]. The Saddlebrook neighborhood relies on Heinz Road for its principal access with secondary access to Pinto Lane at the west end of Paddock Circle (a private street). Currently, Heinz Road is the only public street within the neighborhood. City Code [15-3-2:12] notes that in multi -family areas, requests for private streets can only be made if connectivity to adjacent properties is not necessary – this is not the case as Shire Lane and Mustang Lane would clearly connect to adjacent properties. Improving neighborhood connectivity is a priority for the South Planning District. While Shire Lane will eventually connect to Heinz Road (via Mustang Lane), and to a future extension of McCollister Boulevard at its south terminus, neither of these roads is constructed and McCollister is not yet contemplated in the City's Capital Improvements Plan. While the location of the new elementary school on South Sycamore Street will likely spur residential development in the South District, it is unknown when the McCollister extension will be constructed. It is the applicant's desire to proceed with development in advance of the McCollister extension. Staff's recommendation that Mustang Lane be constructed as a public street and that no additional development be allowed until such time as Heinz Road and Mustang are completed, is intended to encourage the extension of public streets in an orderly fashion and to provide opportunity for improved services and eventually improved connectivity. Duplexes that were previously platted along the east side of Shire Lane, south of Mustang Lane, as part of an earlier subdivision would have only been developed with the extension of Heinz Road as a public street. Therefore, staff believes it is appropriate for any additional development on the east side of Shire Lane to proceed only when Heinz Road is extended, rather than routing more traffic through Paddock Circle. The applicant is proposing to construct Shire Lane to the second (southernmost) entry point of the parking area. The Subdivision regulations indicate that "All streets, sidewalks, and trails should connect to other streets, sidewalks, and trails within the development, and to the property line to provide for their extension to adjacent properties." Staff therefore recommends that Shire Lane be extended to the south property line with a temporary turnaround. SUMMARY: The proposed development is a complicated one to consider, given the existing and platted street network in this area and the Comprehensive Plan's stated limits on multi -family M. construction. However, because the market for manufactured housing is in question, the expansion of the previously approved manufactured housing is no longer viable in the foreseeable future. Therefore Staff believes it is appropriate to contemplate another housing arrangement on this property. The current proposal for condominium development does not exceed the density of the previously approved manufactured housing park. Because the condominium units would be limited to 1- and 2- bedrooms, it is quite likely that that the intensity of the development (in terms of occupants and vehicle traffic) will be less than if the property were developed with manufactured housing. Staff believes the layout of the proposed development, with its ready access to trails and open space and amenities such as trail connections, landscaping, and the playground and gazebo in the courtyard, will help integrate the development with the surrounding neighborhood. The quality of the buildings themselves, including the provision of parking garages, will enable the units to attract more long-term residents and sustain its value over time. Staff believes the use of cement board siding, rather than vinyl, will enhance the quality buildings. Staff believes that extending the network of public streets (Shire and Mustang Lanes), which would not occur under the current zoning, and allowing no additional development until Mustang Lane and Heinz are constructed will benefit the larger Saddlebrook neighborhood by diverting new traffic onto public streets rather than routing vehicles through Paddock Circle. Though it is unknown when the construction of McCollister Boulevard will occur, the extension of public streets within the Saddlebrook development will increase opportunity for transit and other City services. STAFF RECOMMENDATION: Staff recommends approval of REZ14-00010, an amendment to the OPD-RS12 development plan to allow the establishment of 72 units of housing under alternative ownership/condominium on property located south of Paddock Circle and west of Heinz Road subject to the following conditions: 1. Any development shall be in substantial compliance with the site plan and elevations submitted (including the use of masonry and cement board siding) and shall be limited to one - and two-bedroom units as proposed by the applicant; 2. Prior to issuance of a building permit for any of the 72 units, the following must occur: a. The Subdivider's Agreement for Part Two of Saddlebrook must be amended to require Mustang Lane west of Heinz Road and the extension of Heinz Road to Mustang Lane to be built and dedicated as a public improvement prior to any development east of Shire Lane; b. Shire Lane and Mustang Lane shall be platted as public streets; c. The applicant will provide a statement from his engineer indicating that the stormwater detention pond is adequate to handle the proposed development and that all necessary modifications due to the extension of McCollister Boulevard can be constructed on site. 3. Prior to the issuance of an occupancy permit for any of the 72 units, Shire Lane shall be extended to the McCollister Blvd. right-of-way with a temporary turnaround constructed at the south end of Shire Lane. The cost of removing the temporary turn -around improvement shall be deposited in an escrow account to ensure that it is removed when McCollister Boulevard is extended; 8. The City will accept dedication of Shire Lane as a public improvement concurrent with the dedication of Heinz Road and Mustang Lane. Prior to dedication, Shire will be inspected by the Public Works Department. Any repairs deemed necessary must be made by the developer before the City will except dedication; and 9. The applicant will receive written notice from the City at the time funding for the extension of McCollister Boulevard is approved and will have 6 months from that date to make all necessary modifications to the stormwater detention pond. A letter of credit will be required to back up the applicant's guarantee. ATTACHMENTS: 1. Exhibits A,B, and C 2. Zoning location Map 3. Aerial Photograph 4. Site Plan 5. Elevations 6. Management Plan 7. Application materials Approved by: ppdadmin\sffrep\documenl2 John Yapp, Development Services Coordinator, Department of Neighborhood and Development Services ffv 11 EXHIBIT B: Street connections, existing and planned. i La 04 simn d�oo vmol 0 z 0 N LU a inow* • oil �A^e 1 n, 1 0 �t1 i .1 7 ONO 1x j p E y v0 8t a o 3( yttfff > • vfw &b i n � t . Ni >< Q s• ` uture Connects - - - � ° 6hire an pub ub .i, rO G� c� c - m N 0')ig a o d •� :::o �_i of si 'i 5a" m of €% Ili sgg �i Ig iia tj d qA D M 1$9 $� tia' said 19 % 1 $ a s o a s a zs" o -kwa A$ go �R gay 2189, ss`sp �g a gpF a �F a gaF a ;mfg Egg gv gs Sia fax K 5 9 t! s sus n= 1>a a'Rc ndQ fia a ao B fi 3$g v= g $ � 5; vF 0a00 .... . 3"e_ -tel, ���s. "o&a� ovmL vII0 iicDi amNSNm N m O A D D R$�,c Ar'OZZTto mm A N rDin2.'D p y �nva r y rMwo � c OR o W { t ;0 cn x m 0 Z i I ! L DS x G 2 Z m Q . 3f :n, a �§ The Overlook at Saddlebrook 99� Preliminary OPD Plan g PADDOCK L.L.C. IOWA CIN / IOWA 48� Part of Lot 4 and Lot 6 of Saddlebrook 1913 Addition Part 2 YiNoi 0 g5a�� o 4 'P n �Hm a o m m g 4 �a dos jg}gQ:3a g%H %g: z g, : : W5 Sg ��_ eu ma .8 e � e & aF✓ � m8 g m' s�- a its D N O� y n� Ni >< Q s• ` uture Connects - - - � ° 6hire an pub ub .i, rO G� c� c - m N 0')ig a o d •� :::o �_i of si 'i 5a" m of €% Ili sgg �i Ig iia tj d qA D M 1$9 $� tia' said 19 % 1 $ a s o a s a zs" o -kwa A$ go �R gay 2189, ss`sp �g a gpF a �F a gaF a ;mfg Egg gv gs Sia fax K 5 9 t! s sus n= 1>a a'Rc ndQ fia a ao B fi 3$g v= g $ � 5; vF 0a00 .... . 3"e_ -tel, ���s. "o&a� ovmL vII0 iicDi amNSNm N m O A D D R$�,c Ar'OZZTto mm A N rDin2.'D p y �nva r y rMwo � c OR o W { t ;0 cn x m 0 Z i I ! L DS x G 2 Z m Q . 3f :n, a �§ The Overlook at Saddlebrook 99� Preliminary OPD Plan g PADDOCK L.L.C. IOWA CIN / IOWA 48� Part of Lot 4 and Lot 6 of Saddlebrook 1913 Addition Part 2 YiNoi 0 g5a�� o 4 'P n �Hm a o m m C C C o_ r C C C R N m n m i MA,vALIrrMEN i RM -j floe, cats A iZEAs Lawn Installation Install lawn per guidelines found at: http://www.unitedseeds.com/Super%20Turf/ 2011%20LS%20U nited%20Tech-14-1. pdf Year One Management During the first season of turf establishment, weed control will be best achieved by mowing. Herbicide for weed control cannot be applied until the turf has filled in and is growing vigorously. After year one Mow grass as needed, cutting grass blades to a three (3) inch height. Maintain lawn higher during summer heat to minimize drought stress, especially in unirrigated areas. After turf is established, fertilize two (2) times per year, once in the spring and once in the fall with applications of herbicides to prevent crabgrass. No- Mow Installation Install low mow grass using guidelines found at: http://www.unitedseeds.com/Low%20Grow%20Grass%20Mix% 20U nited / 20Tech-14.pdf Year One Management The native grass seeds will germinate over a two (2) year period. An annual cover crop is added to the seed mixture to protect the area while permanent grass species emerge. During the first growing season, this fast growing, short-lived cover crop will provide instant impact to the landscape and outgrow and prevent many weeds from becoming established. Seedlings will replace the cover crop as it dies off. After Year One Once established, grass is to be cut two (2) times each year so that grass blade length is kept below ten (10) inch height. Maintain that grass blades are not cut by more than 1/3 to prevent potentially permanent damage to the plants. Prairie Installation Install prairie using guidelines found at: http://www.unitedseeds.com/Native%20Prairiegrass%20United%20Tech-14.pdf Year One Manaaement Native grasses will germinate over a two (2) year period. An annual cover crop is recommended to be added to the seed mixture to protect the area while permanent grass species emerge. This fast growing, short-lived cover crop will provide instant impact to the landscape and outgrow and prevent many weeds from becoming established. Seedlings will replace the cover crop as it dies off. First year mowing maintenance — Mowing of the prairie shall occur at a frequency to prevent weeds from setting seed and with a mowing height (no less than six (6) inches) adjusted to maximize weed control and minimize damage to seeded species. Second year mowing maintenance of prairie shall be similar to the first except at no less than ten (10) inches mowing height to allow newly established prairie species to grow and thrive while controlling unwanted weed species from setting seed. Re -seed if there are any bare areas on the site, or where plants need to be replaced. After Year One Herbicides can be used to spot treat weeds at this time. Watering is only necessary during times of drought. Burning can occur once every three (3) to five (5) years. Prairie burning contributes to weed control by removing unwanted woody vegetation. Refer to burning strategies in place elsewhere on the site. The Overlook at Saddlebrook Amended Site Plan Proposal Reason we are requesting a Modification to our Approved Planned Development Plan The Underlying Zone does not allow multi -family The property is currently zoned Planned Development Overlay Zone (OPD) RS -12 and is approved for a 73 lot manufactured housing park. This zoning was applied by the city to this parcel to meet the requirements of the new zoning code adopted in 2005. The previous zoning was Residential Factory Built Housing (RFBH). A Planned Development Overlay is appropriate if it falls into one of 6 categories, number 6 being Alternative Ownership, further described as a Manufactured Housing Park or a Condominium Development. We are requesting to amend our approved site plan from one type of Alternative Ownership, Manufactured Housing Park, to the other, Condominium. The underlying zone, RS -12, does not allow multi -family uses nor manufactured housing parks. Both uses are covered by the Planned Development Overlay Zone. Specifically in regards to mufti -family uses the OPD code states: Land Uses Allowed: A mixture of land uses are allowed in planned developments that might not otherwise be allowed with the underlying zoning. Land uses proposed must meet all of the dimensional and site development standards of the underlying base zone, unless a modification is specifically approved during the planned development process. The following provisions provide standards for uses that might not otherwise be allowed in the underlying zone: 1. Uses Allowed On Properties Zoned Residential: A mixture of housing types, including single-family, two-family, and multi -family dwellings, is encouraged in all residentially zoned planned developments. To help assure that the various building types are compatible with one another, similar architectural elements, scale, massing, and materials should be used and the following standards must be followed: (Ord. 05-4186, 12-15-2005) (emphasis supplied) 2. Multi -Family And Group Living Uses: If multi -family or group living uses are proposed, they must comply with the multi -family site development standards set forth in chapter 2, article B, "Multi -Family Residential Zones", of this title. When located adjacent to single- family and duplex structures, multi -family buildings should be of a scale, massing and architectural style that is compatible with adjacent lower density residential development. (Ord. 09-4366, 12-1-2009) We are not requesting to change the zoning of the property. It is currently zoned OPD RS -12 and will continue to be zoned OPD RS -12. Multi -family dwellings are specifically contemplated by the OPD ordinance. We are simply looking to improve on the currently approved land use from a manufactured housing park to a low density multi -family use. There are many reasons this request will improve and enhance this area for the existing residents of Saddlebrook, the City of Iowa City and the community as a whole which are all outlined in our detailed Amended Site Plan Proposal. We are not looking to create a new zoning and land use on a vacant parcel, rather we are looking to improve an existing approved land use and site plan in an established neighborhood. The Overlook at Saddlebrook Amended Site Plan Proposal Statement of Why a Site Plan Amendment is Warranted. A Brief Look Back History of Saddlebrook: The Early Years The planning for Saddlebrook began in 1991 when 420 acres of undeveloped land situated on the Southeast border of Iowa City came under common ownership. Over the next 3 years the owners worked closely with the city on the size of the annexation, wetland mitigation, concept zoning issues and infrastructure challenges until the annexation was completed in 1994. During the process, the owners agreed to annex the entire parcel making the current sanitary sewer treatment site contiguous with the City limits and ultimately allowing the facility to be annexed and built. Over the next couple of years zoning was established, site plans were created and Saddlebrook Addition Part 1 was approved in October of 1996. The Saddlebrook developers have often through the years demonstrated an acceptance and willingness to consider reasonable suggestions, additions and/or changes to the development plan in order to improve the greater Iowa City environment. In addition to agreeing to annex the entire 420 acres to facilitate the waste water treatment plant, discussion regarding wetlands became a big part of the process resulting in approximately 200 acres being set aside in a conservation easement for the establishment of wetlands and open space for all future generations to enjoy. In 1999 the city purchased 68 acres from the developer that is currently used for the South Sycamore Regional Storm Water Management Facility. Saddlebrook reserved for the Iowa City School District a large tract of development property for 15 years in the event Iowa City wanted to expand the school system into the SE side of town. Almost 20 years have passed since Saddlebrook established a right of way for the construction of McCollister Blvd, which we all trust will become reality one day! In part due to the delay of McCollister Blvd, and to allow for the orderly expansion of the project, Saddlebrook agreed to add a secondary access to the property which was completed in 2011. Continued Growth In February 2001 Saddlebrook Addition Part 2 was final platted to complete the initial master plan for Saddlebrook. Parts 1 and 2 encompassed a total of 100 acres. Part 2 was a total of 78 acres zoned residential factory built housing (RFBH) and designed as a manufactured housing park. In 2005 the RFBH zone was changed to a Planned Development Overlay Zone (OPD RS -12) to accommodate the new city zoning code. Vision The original and underlying concept for Saddlebrook was, and continues to be, Community, Value and Lifestyle. Since the first home was built in 1997, Saddlebrook has become the home to over 500 families. Saddlebrook offers various types, styles and sizes of homes while providing country club style amenities at an affordable price. Residents enjoy a clubhouse, library, business center, fitness room, ponds, trails and hundreds of acres of open space all beautifully landscaped and maintained. All of the homes within Saddlebrook are quality constructed, well maintained and offered at pricing to meet the workforce housing needs of Iowa City residents. Evolution Saddlebrook has evolved over the years to meet the demand of the ever changing housing needs of those that choose to work and live in Iowa City. We have redesigned some of the original RFBH zoned areas to accommodate luxury townhomes and condominiums, attached single family housing and a small commercial office center to serve the needs of the Community. We are pleased that over 500 families, several small local businesses and a place of worship have chosen Saddlebrook as home, an obvious statement of approval from the public for the Saddlebrook plan. With the recent completion of secondary access into the development, the next phase of planning has begun. Housing needs and choices have changed dramatically in Iowa City over the last 20 years. Saddlebrook must meet those needs and choices while keeping with the original development concept. Therefore, we are proposing a change to the original Part 2 Site Plan which will be an exciting and beneficial improvement for 21 acres on the Southern edge of the current development. Proposed Site Plan Summary Saddlebrook Addition Part 2 Original Site Plan Zoning: RFBH; Residential Factory Built Housing Max Density Allowed: Approximately 9 units per acre. Note: The Saddlebrook Addition Part 2 manufactured home site area could have been platted for approximately 702 lots on about 78 acres. Developers chose to build larger lots to meet the housing demands of that time and designed 285 lots, of which 146 have been developed. The Overlook at Saddlebrook, Proposed Site Plan Acres: 21.24 acres of the original 78 acres of Saddlebrook Part 2 Current Zoning: OPD RS -12 Current Site Plan: 73 land lease manufactured home sites Proposed Site Plan: 72 garden style multi -family condominium units Max Density Allowed: 13 units per acre Density: Less than 4 units per acre Why a Site Plan Amendment is Warranted. Looking Forward The approved site plan for the southern portion of Saddlebrook Addition Part 2 is not viable in today's market ❑ Financing for homeowners looking to purchase a home on leased lots is largely unavailable and unaffordable. Lenders require large down payments, with non-competitive high interest rates, without traditional long term fixed rate mortgage financing. Manufactured home ownership is therefore not competitive within the Saddlebrook concept and for those looking for affordable housing options. Our Site Plan Amendment will mitigate that circumstance and again provide affordable housing options with value. ❑ There is an abundant supply of residential for sale lots, developed and undeveloped, available in Iowa City. According to a recent market analysis by Cook Appraisal, LLC there is an adequate supply of single family lots available for sale and there are hundreds of more lots platted but not yet developed and hundreds of acres zoned but not yet platted for single family development. ❑ We are considering smaller single wide manufactured homes for rent on the approved land lease lots. We have also considered selling the platted lots to a developer who specializes in rental manufactured homes. However, we feel there is a better use for the property that will enhance all of the Saddlebrook Community along with the greater Iowa City/Johnson County community. As mentioned earlier, at the request of the City and to further expand the Saddlebrook community, the developers recently added a second access to the development which will facilitate this Plan Amendment and demonstrate our commitment to continue putting together a quality community development encompassing affordability, value and diversity in its' housing products. In today's housing market, quality, affordable, well planned, for rent housing is needed and in high demand ❑ According to the Census Bureau, homeownership is down from its peak in 2004/2005 from over 69% to less than 65% today. Consumer confidence in homeownership, tightened loan requirements for homebuyers, reduced job opportunities and concern about the overall economy are all reasons for this downturn. ❑ According to the Census Bureau, nationwide single family housing starts are down over 60% from 2005 levels. Based on building permits from Iowa City, single family and duplex housing starts peaked in 2003 at 223, were down to 89 starts in 2011 and have not yet reached previous levels with 175 starts in 2013. ❑ According to a recently completed market analysis by Cook Appraisal, LLC the vacancy rate for apartments in Iowa City is less than 3.00%, which is an indication of the undersupply of units available. ❑ Our current rental vacancy rate within the Saddlebrook Community has been under 2% for the past several years and we currently have a waiting list for our units. Our tenants tell us that it is hard to find quality, affordable non- student housing in Iowa City that offers amenity and flexible lease terms. ❑ 50% of the households in Iowa City earn under $50,000 and 24% are ages 21-34, two groups that have a propensity to seek a quality affordable rental community. All the pieces are present to continue growing the Saddlebrook Community ❑ Saddlebrook was originally annexed into the City of Iowa City in 1996. It contained 420 total acres and includes nearly 200 acres of wetland preserve. ❑ Since the first home in Saddlebrook was built over 15 years ago we have developed and sold or rented 536 units, including 94 rental apartment units and 442 single family, duplex and attached condo purchased units. ❑ All homes sold within the Saddlebrook Community were under $200,000 and a vast majority were under $150,000. All rental apartments within Saddlebrook are affordable to those families making 60% of the area median income. ❑ We have recently developed in the area 12 acres, containing 71 single family for sale lots, and have an additional 45 acres containing 183 units, platted but not yet developed, of single family and townhome lots. ❑ Saddlebrook has inventory land of 48 acres not yet platted and zoned RS -8 along with these 21 acres platted for 73 manufactured home lots and zoned OPDH-12. ❑ The Saddlebrook Community has approximately 200 acres set aside as a wetland preserve -along with multiple acres of green space and amenities within the developed areas including a 4,000 sq. ft. Clubhouse. ❑ The overall current mix of units is 94 apartments, 442 sold units and 183 platted single family and townhome lots. Adding 72 additional rental units to the Saddlebrook Community would produce a ratio of 21% rental apartments and 79% sold units which is considerably less than the citywide average of approximately 50% of households occupying rental units. ❑ We provide quality built, well managed, privately owned and financed affordable housing to many within the Iowa City work force and their families. ❑ A 1 -person household in Iowa City eaming 60% of the area median income and spending 30% of their income can afford rent of $835 and a 2 -person household in Iowa City at 60% of the area median income can afford rent of $955. Our current 1 -bedroom apartments range in rent from $605-735 and our 2 -bedroom units rent for $820- 920. ❑ The tenants in 55 of our 60 units at the Mane Gate Apartments in Saddlebrook are either graduate students or work in the Iowa City area. Over a third of our tenants have lived in their apartment home for more than a year, showing an investment in the Saddlebrook Community. ❑ We feel the Saddlebrook Community must adjust the mix of housing types by adding more quality, attractive and affordable rental housing. ❑ Residents interested in the Saddlebrook Community are asking for rental units as evidenced by our historic occupancy and current waiting lists. Benefits to the Iowa City Community ❑ Bring to the market much needed new rental units for working individuals and their families. There will be a mixture of 1 and 2 bedroom units to provide for the needs of diverse family structures. ❑ Privately funded affordable rental workforce housing, defined as non -student housing, is a critical need as stated in City Steps 2011-2015. Also stated in City Steps as a barrier to affordable rental workforce housing is the lack of land zoned for multi -family units. This is an ideal opportunity to meet this critical need. ❑ Provide jobs and a boost to the local economy. According to the National Association of Home Builders model estimate, this project will bring an immediate impact of $5,688,000 in local income, $595,440 in taxes and other revenue for local governments and 88 jobs. ❑ Additionally, the ongoing annual impact of 72 occupied units, and the occupants paying taxes and otherwise participating in the local economy year after year, is over $1,655,000 in local income, $284,400 in taxes and other revenue for local governments and 23 local jobs. ❑ The project will add an estimated $5,000,000 to the city tax base and at current rates will pay approximately $100,000 per year in property taxes. ❑ Most new apartment projects in Iowa City are student focused. There have been few if any larger scale, high quality with amenities work force rental housing projects built in Iowa City in many years. This is an opportunity to meet this need. ❑ This is an infill project and will require no investment by the city. All public infrastructure is in place and to the site. Benefits of this site for multi -family housing ❑ Current underlying zoning is RS -12. Under this zone 255 attached units would be the allowed maximum density. Our plan has a total of 72 units. ❑ The property is surrounded on 3 sides by several hundred acres of open space, ponds, wetlands and walking trails. ❑ The site is well buffered from the manufactured housing community to the north by additional green space and landscaping features. ❑ The site is on the intersection of a planned arterial street and an extra wide collector street. ❑ The site is in the SE part of Iowa City near the Industrial Park and an anticipated commercial growth area and access to quality housing will be an integral part of the success of this area. ❑ This is an infill site with all city services in place and we are ready to develop a product that is needed and in demand by the residents of Iowa City. ❑ The site is part of a community that already has many existing amenities in place, including a clubhouse, fitness room, library, media center, fishing ponds, trails and 200+ acres of green space. ❑ The development will make living at Saddlebrook more affordable for the current residents in that it will reduce their collective community assessment costs. In addition it will allow us to expand the current amenities available and enhance the community living experience for all of the Saddlebrook residents. In summary, we feel the aforementioned Site Plan Amendment will serve the Iowa City Community and the Saddlebrook Community very well. It will provide needed housing diversity for the men, women and families that work and live in Iowa City, it will aid the business community in the recruitment and retainage of employees, it will enhance the housing choices in the Saddlebrook Development and it is a perfect location with easy access yet surrounded by hundreds of acres of nature. Financially it will provide many jobs to local workers, bring a $5,000,000+ impact to the local economy, and increase the property taxes on the site by approximately $100,000 per year. This project as designed is a true win-win for all involved and we trust the City agrees that this new land use is better for the community than the current 73 manufactured home sites. We hope that the City, after its review, will agree with the proposed Site Plan Amendment and will allow us to start building multi -family units rather than the manufactured housing in 2015. We appreciate your consideration. 1� PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAMF ADDRESS V�!c, Jdo ck C r` -- L 9� .� C/� �l/ �J' o'� f r J Q z� NA E ADDRESS f t� �� t �L r -- <2j C t % (J A G jo c- c1c J:c -I a 0&,do� 52- Lk 1i ci fwd ocL< C/ -v e -Tc Sdo Yo NAME ADDRESS do z33 l-�ac.C'nPy Z I /4o�2G/N C 1'4 5-224-6 10 PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME ADDRESS 1( �( l H-- NAME ADDRESS MA M -10'sM. PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME ADDRESS NPI • 1 _� I ►�1 lir 1_a• _ ADDRESS D PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME - s C - ADDRESS T X20 d C.jl'C�-� � r �6AacC—/, I NAME ADDRESS C i2 dos- P44)c k. C J' MIX. PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME .) ADDRESS i I'a bale}e'l C.i � 1z Co ADDRESS PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME ADDRESS 0 PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be Much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME /v'. ADDRESS P,, d do, k C if C L~ !i� af( Lc L �� PETITION To: Iowa City Council Members City of Iowa City Planning and Zoning Members From: The residents of The Paddock at Saddlebrook RE: An application by the Paddock, LLC for a site plan amendment for The Overlook at Saddlebrook We, residents and homeowners in The Paddock at Saddlebrook, submit the following petition. We have met with the owner and developer of the land directly to the south of our neighborhood, known as the Overlook at Saddlebrook and are aware of the application they have presented to amend the site plan. We have reviewed the proposed vs. the current site plan and are in favor of the proposed site plan. We feel the proposed site plan will be much more aesthetically pleasing, will be better maintained, will provide more green space and enhanced amenities for our community and provide a solid financial base for our neighborhood association for many years to come. We encourage you to vote in favor of the site plan amendment and appreciate your consideration. NAME JctM� ?0,rtAA:1 1) cU t - ADDRESS J� �Gt Cil,CzC-� Planning and Zoning Commission December 18, 2014 - Formal Page 15 of 23 �' r`�iarht�rv1 also want to thank him for using the good neighbor policy in good faith at the very beginning of the original process and application which is voluntary and only requires property owners within 300 feet be notified. Theobald also wanted to thank the community members who have been part of this process. She feels it is very clear to her that these are historic buildings and secondly the Riverfront Crossings Plan calls them out for preservation, so she will be supporting this application. Dyer stated for the record she agreed with all that has been said and had nothing to add. A vote was taken and the motion carried 7-0. The Commission took a five minute recess, when reconvened Freeks had to leave so Eastham took over as chair of the meeting. Rezoning Item (REZ14-00010) Discussion of an application submitted by Steve Gordon for a rezoning to amend an OPD- 12 plan to allow 72 multi -family condominium dwellings for property currently zoned for single-family manufactured housing on 21.24 acres of property located south of Paddock Circle and west of Heinz Road. Eastham stated he had a conversation with the applicant several days ago and in that conversation it was discussed how Eastham goes about making decisions, which is he looks at the Comprehensive Plan, the zoning, and ordinances and try to reconcile those in regard to a specific application. Eastham also noted he prefers to see if there are any gray or unclear areas in the application with regard to the zoning code or Comprehensive Plan and to advise applicants to pay specific attention to that. Walz began by showing the location map of the area, and the area is served now by a private drive that circles through the manufactured housing area that is constructed. She pointed on the map the portion of the development that remains undeveloped, and it is stated in her report that the factory built housing zoning district no longer exists in the zoning code. So at the time the zoning code rewrite took place the designation was changed to RS -12 with a Planned Development Overlay and now the applicant is wanting to amend that overlay to allow for alternative ownership condominiums. In 2008 the crisis in the housing market caused a change in manufactured housing, the market for that type of housing is greatly diminished due to requirements for mortgages, so in Staffs view it seems prudent to consider what is an appropriate alternative in this location. Walz showed a view of the larger development area, pointing out the other mobile home park in the area, Bon Aire, which is not part of this planned development, and it is not under the ownership of this organization that is proposing for this rezoning. Walz pointed out Heinz Road and stated it is the only public road for this development, the other public outlet to a street through Paddock Circle is to Pinto Lane. Heinz Road will eventually extend down to a future arterial street, the extension of McCollister Blvd, other future streets not yet built but part of another future development are Mustang Lane and Shire which are both private streets. So the only public streets in this area are the eventual extension of McCollister to connect to Heinz Road. Walz pointed to the larger South District Plan and showed that this is an area that is fairly cut off from the rest of the community. She pointed out the Saddlebrook area, the manufactured home area, some multi -family homes, some townhomes, and the future areas of duplexes and townhomes. What the applicant is proposing with this development to create the extension of Shire Lane to public street standards, and to extend Mustang Lane to public street standards so they would have the street width, sidewalks, and tree requirements to public standards. In order to construct the development Shire Lane would be built down to the end of the development and Staff is recommending if that is approved Planning and Zoning Commission December 18, 2014 - Formal Page 16 of 23 it is approved with the condition it comes all the way down to the right-of-way line. Because at this time it is not connected to a public street Staff would recommend that the applicant maintain the street until such time as Mustang Lane is built as a public street and that will occur as a condition of the rezoning that occurs before any further development occurs along Heinz and before any further development happens south of Mustang. Under the current zoning the applicant would be allowed to do 73 units of manufactured housing, however what the applicant is proposing to do with that density is to provide 72 units (one less) in four multi -family buildings, they are proposing to do one and two bedroom apartments. In terms of intensity and traffic that would probably be less traffic and fewer people living on the property than if you had the manufactured housing. The applicant is agreeing to provide half of the required parking in garages and proposed to put those around the perimeter of the parking area to screen views of the parking from the public street and adjacent areas. They have also proposed to keep the area along Paddock Circle as open space and the area along the development and the stormwater pond as open space and to provide trail connections to that area. Staff suggested that buildings be of a higher quality and you'll see in the recommendations Staff is asking for higher quality materials. Walz showed an aerial view of the area and discussed when the property was annexed into the city and rezoned for the manufactured housing that a large area of wetlands was set aside. She showed that is the stormwater pond area, and the overall development has done a good job of providing trails and providing other amenities. The application today is due to the changes in the housing market, and the question is if this is an appropriate level of density of housing, it is no more than would have been allowed under manufactured housing, but in the Comprehensive Plan there is some cautionary language about the amount of multi -family housing in large concentrations in the South District. Walz discussed various multi -family areas in the South District and stated the applicant here has addressed Staff concerns and is making a conscious effort to integrate the new development into the neighborhood with the greenspace and trail connectivity. The other benefit to the community is the eventual extension of the public streets. Thomas questioned the Heinz Road extension and connectivity and future development. Walz replied that the applicant can better explain the development, but it is a concern that needs to be addressed. Staff recommends approval of REZ14-00010, an amendment to the OPD-RS12 development plan to allow the establishment of 72 units of housing under alternative ownership/condominium on property located south of Paddock Circle and west of Heinz Road subject to the following conditions: 1. Any development shall be in substantial compliance with the site plan and elevations submitted (including the use of masonry and cement board siding) and shall be limited to one- and two-bedroom units as proposed by the applicant; 2. Prior to issuance of a building permit for any of the 72 units, the following must occur: a. The Subdivider's Agreement for Part Two of Saddlebrook must be amended to require Mustang Lane west of Heinz Road and the extension of Heinz Road to Mustang Lane to be built and dedicated as a public improvement prior to any development east of Shire Lane; b. Shire Lane and Mustang Lane shall be platted as public streets; c. The applicant will provide a statement from his engineer indicating that the Planning and Zoning Commission December 18, 2014 - Formal Page 17 of 23 stormwater detention pond is adequate to handle the proposed development and that all necessary modifications due to the extension of McCollister Boulevard can be constructed on site. 3. Prior to the issuance of an occupancy permit for any of the 72 units, Shire Lane shall be extended to the McCollister Blvd. right-of-way with a temporary turnaround constructed at the south end of Shire Lane. The cost of removing the temporary turn- around improvement shall be deposited in an escrow account to ensure that it is removed when McCollister Boulevard is extended; 4. The City will accept dedication of Shire Lane as a public improvement concurrent with the dedication of Heinz Road and Mustang Lane. Prior to dedication, Shire will be inspected by the Public Works Department. Any repairs deemed necessary must be made by the developer before the city will except dedication; and 5. The applicant will receive written notice from the City at the time funding for the extension of McCollister Boulevard is approved and will have 6 months from that date to make all necessary modifications to the stormwater detention pond. A letter of credit will be required to back up the applicant's guarantee. Eastham questioned if the proposed rezoning and preliminary plat would have access via Paddock Circle only. Walz confirmed that is correct until Heinz and Mustang are constructed. Eastham asked if the City has the ability to require a developer to construct the roads prior to development so there would be collector street access to this area. Walz stated the Heinz extension is part of a separate development, and conditions are placed on the recommendation to discuss the street developments. Yapp stated if there is a public need for the street infrastructure to allow for the rezoning it can be requested, however the application before the Commission today is not an increase in the number of units that would be allowed under the current zoning. Eastham recalled at another preliminary plat there was a considerable amount of concern from residents in the area of traffic going through Paddock Circle to Whispering Prairie. Walz stated traffic could take that route, however in her opinion the convenience for all would be to use Heinz Road. Eastham asked if once Heinz Road extension and Shire are constructed there is no possibility to get bus service to the development. Walz confirmed that bus service does pick up near the Heinz Road/Hwy 6 interchange but believes eventually when McCollister is extended there will be the potential to bring bus service all the way into the development. Eastham opened public hearing. Steve Gordon, as applicant addressed the Commission beginning with answering Thomas' question regarding the development and Heinz Road. Gordon explained that the development will be developed in the area where Heinz Road currently dead ends, he explained that on the map what looks like undeveloped area along Heinz Road is actually purposely maintained green space for the area. Thomas stated he felt the development being proposed tonight would benefit from extending Heinz Road to Mustang Lane which would then connect to Shire. Gordon agreed with Thomas that from a traffic circulation standpoint that would be ideal, but economically it is not feasible to extend Heinz Road at this time. Gordon also addressed Eastman's concern stating that one of the requirements of Saddlebrook initially was a secondary access, they were able to build a certain number of units and then needed to add a secondary access before more could be built, and the best solution at that time was to extend Pinto Lane to Whispering Meadows. Eastham asked if McCollister Boulevard were built from Highway 6 now to where Heinz Road would intercept it, would that be considered the access needed for them to finish Heinz Road and connect to this multi -family Planning and Zoning Commission December 18, 2014 - Formal Page 18 of 23 development. Gordon stated it would provide an additionally third access but is unsure if that would spur the economic interest to fund Heinz Road and the units to go along with it. He feels McCollister extension to the west is more beneficial to potential homeowners. Gordon continued with his presentation, reminding the Commission he was before them over a year ago with a different site plan which was not approved by the Commission and then withdrawn from City Council consideration. They have worked diligently with City Staff since that time taking all the comments received by the Commission to heart, and believe the current application does address substantially if not all the concerns voiced. He believes this is an important project for the residents of Saddlebrook as well as the city. Saddlebrook has been a large project that has spanned many years, may be the single largest annexation in the city's history, with a project of this magnitude there are changes along the way. The planning of Saddlebrook began in 1991 when 420 acres came into common ownership over the next three years the owners worked closely with the City and in 1994 the area was annexed into the city. Zoning, infrastructure, and wetland mitigation issues were discussed and approved at that time in and in 1997 the first home was built in Saddlebrook Addition Part One. In 2001 Saddlebrook Addition Part Two was platted and approved, this area was zoned RFBH for residential manufactured housing and the site plan was approved. That completed the initial plan of Saddlebrook. Since then other areas have been developed and rezoned for duplexes and condos, and the area being discussed this evening is the last undeveloped area from the original plans. Since 1997 142 manufactured housing units have been placed and either sold or rented, the eastern edge of the park was rezoned for attached single-family townhomes and two small multi -family buildings and to date 43 of these units have been built and sold. That rezoning was supported by City Staff and approved by this Commission and the Council, as it provided a greater diversity of housing types within the development. In the northern section of the subdivision there are 144 condominiums which have been built and sold and 94 apartments, which Saddlebrook development owns and rents. As of today the owners of Saddlebrook have been planning, developing and selling homes to people for 25 years. They have made a huge investment of their capital into the Saddlebrook community including original purchase of the land, dedication of 200 acres to a conservation easement. There are now wetlands and trails, open spaces, parks and a clubhouse, and they purchased and developed additional land to allow secondary access into the development. Saddlebrook is ready and the infrastructure is in place to move to the next phase of the development. The next phase of the development is currently platted and approved for 73 manufactured homes on land -leased lots. An upscale land -leased manufactured home is not financially viable in today's market. There is a lack of affordable financing for purchasing a manufactured home on a leased lot leading to this situation. As discussed a year ago, Gordon is seeking approval to amend the current site plan to build a high quality garden style condominium project with the intention to lease the units as apartments. There is a need for quality rental units in Iowa City evidenced by consistent low vacancy rates and addressed in recent market studies and City Steps reports. Gordon stated for many years the market has been dominated by high priced student housing and not much for the non- student renter looking for a quality apartment unit with amenities as the Saddlebrook development has. The major concerns about the application of a year ago were density, design, and connectivity. Taking the Commission's comments from a year ago they worked closely with City Staff, their architect, and land planner and come forward today with a plan City Staff supports. Density is reduced with one less unit than it is currently platted for, the units are smaller with less bedrooms than the manufactured homes, it would actually reduce traffic in the area. They chose a court -yard design as recommended by City Staff which gives the project a more open feel as you drive down the street. The buildings were designed by an architect, adding garages to the site plan reducing the amount of parking lot parking, and added landscaping in critical areas all which give the area a residential feel. Lastly they agree to build and maintain Shire Lane as a City street and replat Mustang Lane the same. Planning and Zoning Commission December 18, 2014 - Formal Page 19 of 23 Gordon confirmed they are aware there is concern from some of the compatibility of this plan with the Comprehensive Plan. If this were a separate piece of land, un -zoned and un -platted, that would be a viable concern, however there are two critical factors with this particular application that need to be considered. First, this piece of land is already zoned and platted and the amendment being sought improves on what could be built there today. It improves it for Saddlebrook and its current residents as it gives them less density, less traffic, public streets where there are none today, better design, more pleasing aesthetics and more useable greatly enhanced greenspace. For the city as a whole it provides a needed housing type, it provides construction dollars spent locally where manufactured housing does not, and it provides a property tax base where manufactured does not. Second, if taken as a whole, Saddlebrook has done a tremendous job brining the type of housing desired in the Comprehensive Plan to southeast Iowa City. Last month the Commission approved a plat of 115 single-family and townhome lots, also Gordon's group finished the 70 lot development that granted the secondary access point to Saddlebrook, of which 21 homes have been built and sold, and they are in the process of building 6 more. They have an additional 48 acres zoned RS -8 (medium density, single family) to the west. Saddlebrook is a model development with a large diversity of housing, open space, affordability, and amenities. It has been over three years ago they started this process of planning what will be of the best use for this part of the Saddlebrook community, many options were reviewed, but what they feel is the best is a well-developed, low density apartment condominium complex. In closing, Gordon addressed some of the recommendations Staff made. The first that Shire Lane be built all the way to the parkway, Gordon states they have been waiting a long time for the parkway, hoping it will be built, but are fearful there is no guarantee it will ever be built, and thus would propose that Shire Lane not be extended all the way to the parkway because if the parkway is never built it would be a misuse of allocations with a street serving no purpose. They will agree to guarantee the completion of Shire Lane once the parkway is completed with a letter of credit. Secondly Staff has recommended cement board siding for the buildings, no other buildings in Saddlebrook use cement board siding, and of course the manufactured homes that would be built under the current zoning would not have cement board siding. He feels the buildings are a quality design and the traditional vinyl siding is used elsewhere in the development and should be an appropriate material for this project as well. Gordon presented a petition from the residents of Saddlebrook supporting the proposal. Martin asked if the condominium buildings would be owner -occupied or if Saddlebrook would rent them. Gordon answered they will be built as condominiums, which is a legal description for quality of construction with the possibility of being sold as individual units, but the intention at this point is to maintain ownership of the units and rent them as apartments. Martin also questioned how Shire Lane will serve this development. Gordon explained Shire would end at the parking lots of the buildings. Eastham questioned if a fire truck turnaround would be needed at the end of Shire Lane, and Gordon explained that the turnaround is the parking lot. If Shire Lane is extended all the way to the future parkway, it would then be a dead-end street and they would be required to add a fire truck turnaround at the end of Shire. Thomas asked about the use of the area at the top of the drawing and Gordon explained that was open space, and would remain a neighborhood open space. Eastham asked if there were any way to influence or control traffic to inhibit the number of vehicles that will go down Pinto Lane over into the housing developments to the west. Gordon doesn't believe Planning and Zoning Commission December 18, 2014 - Formal Page 20 of 23 travelers will use that access point unless they are going specifically to Grantwood School as it is quicker and easier to go up Heinz Road to the stop light on Highway 6. Thomas asked if the buildings were being built all at once or in phases. Gordon believes two buildings will be built a year, so a two-year project or maybe just one building per year so a four-year project depending on feasibility. Gordon stated they would begin with the northern most building and work towards the south. Swygard asked if Shire Lane would be built all the way down to the fourth building on the outset of construction, even if the fourth building isn't built for 2-4 years. Gordon said the engineering has not been done, but he believed that yes, Shire Lane would be completed at the onset of the project because it would be needed for access to parking for all the buildings and the fire truck turnaround. Eastham closed public hearing. Dyer moved to approve for a rezoning to amend an OPD- 12 plan to allow 72 multi -family condominium dwellings for property currently zoned for single-family manufactured housing on 21.24 acres of property located south of Paddock Circle and west of Heinz Road. (REZ14- 00010) with conditions outlined in the Staff report. Swygard seconded the motion. Martin stated she was excited for this development seeing a lot of need for housing in this area, the look of the buildings is nice as are the open spaces. She also drives that area frequently and does not like winding through Whispering Prairie so believes that will be a deterrent for increased traffic in that direction. Martin asserted that she believes it is not up to the Commission or City to state what type of siding a builder uses, so long as it fits the rest of the development, and doesn't see the need for that condition. Additionally she feels the applicant is correct on completing Shire Lane only to the project at this time, not requiring it to go all the way to a future road (McCollister). Swygard agreed it is a nice looking development, a good solution to an economic problem. Theobald declared she is in favor of the type of siding recommended by staff as it leads to ensuring a quality development and it looks nice with the style of buildings proposed. Swygard agreed. Thomas agrees with respect to the siding, it really contributed to the quality of the Peninsula development as well, it adds value to the project. Thomas also acknowledged he liked that the plan upgrades the streets to City standards, however the street connectivity is an ongoing issues. The trail connectivity between developments is a positive as is all the open space. Eastham stated he feels this is a well thought out concept for multi -family homes, with the courtyard and parking behind, there is an abundance of open space in this whole general area. In terms of not increasing costs, he would be in favor or not requiring the cement based siding but will not press that issue. The street connectivity has some disadvantages obviously, it would be much better if Heinz was extended and Mustang Lane was built, but Staff has decided not to require that and he will not oppose that recommendation. Eastham did question Staff if there has been any systematic study of traffic patterns because it was an issue for residents of Whispering Meadows area. Walz did not believe there has been any study comparing number of cars using Pinto Lane or Heinz Road to access Saddlebrook, but observationally it is believed a lot more cars are using Heinz Road because it is much easier access. A vote was taken and motion carried 6-0 (Freerks absent for vote). S_,L.) Prepared by: Sarah Walz, Associate Planner, NDS, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5239 (REZ14-00010) r DRAFT ORDINANCE NO. AN ORDINANCE CONDITIONALLY REZONING 21.24 ACRES OF PROPERTY FOR A PLANNED DEVELOPMENT OVERLAY/HIGH DENSITY SINGLE FAMILY RESIDENTIAL (OPD/RS12) ZONE TO ALLOW 72 MULTI -FAMILY DWELLING UNITS LOCATED SOUTH OF PADDOCK CIRCLE AND WEST OF HEINZ ROAD. (REZ14-00010) WHEREAS, the applicant, Steve Gordon, has requested a rezoning of property located south of Paddock Circle and west of Heinz Road in order to amend the Planned Development Overlay/High Density Single Family Residential (OPD/RS12) to allow 72 dwelling units to be provided in four multi -family condominium buildings; and WHEREAS, the property is currently zoned for manufact d housing and is designated for this use in the future land use map in the South District Plan; and WHEREAS, re nt changes in financing have made it di icult to obtain mortgages for manufactured housing on leased lot - and WHEREAS, the pr osed plan for 72 multi -family units wi not lead to an increase in density over the 73 units of manufactured ho sing currently allowed; and WHEREAS, the app nt has designed the site to be i tegrated with adjacent streets and open space with buildings oriented towar the street, extension of trails, nd preservation of open space for the benefit of all residents of the Saddlebroo neighborhood; and WHEREAS, the mass, scal and design of the prop sed buildings are compatible with the surrounding development; and WHEREAS, the applicant will xtend public infr tructure by platting and building Shire Lane and Mustang to City street standards, incl ing sidewalks a d street trees; and WHEREAS, the Planning and Z ing Commi ion has the reviewed the proposed rezoning and determined that it complies with theCo rehensive Plan provided that it meets conditions addressing the need for extension of public infrastructur numb r of bedrooms, site layout, and building design and construction; and WHEREAS, Iowa Code §414.5 (2013) pr i es that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning r uest, over and above existing regulations, in order to satisfy public needs caused by the requested ch ng • and WHEREAS, the owner and applicant have gree {hat the property shall be developed in accordance with the terms and conditions of the Conditio I Zoning reement attached hereto to ensure appropriate development in this area of the city. `•. NOW, THEREFORE, BE IT ORDAINE BY THE CITYOUNCIL OF THE CITY OF IOWA CITY, IOWA: 11 SECTION I APPROVAL. Subject to th Conditional Zoning Agent attached hereto and incorporated herein, the attached planned developme plan for property describ6o below, zoned OPD/RS12 is hereby approved: \ A PART OF LOT 4 AND LOT 6, SADDLf BROOK ADDITION PART 2, AS RECORDED IN JOHNSON COUNTY RECORDER'S OFFICE BOOK 42, PAGE 46, AND A PART OF AUDITOR'S PARCEL 2004093, AS RECORDED IN JOHNSON COUNTY RECORDER'S OF CE BOOK 48, PAGE 161. SECTION 11. ZONING MAP. Th building official is hereby authorized and directed to change the zoning map of the City of Iowa City, low , to conform to this amendment upon the final passage, approval and publication of the ordinance as app oved by law.' SECTION III. CONDITIONAL CONING AGREEMENT. The mayor is hereby authdi-j ed ani directed to sign, and the City Clerk attest, toe Conditional Zoning Agreement between the prop„ �wnRs) ar e City, following passage and appri6val of this Ordinance. � .. .,. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval `;R5$ OWnan e City Clerk is hereby authorized and directed to certify a copy of this ordinance, and reQTjthe same�A e Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, up�,A, t e fi l pa sha e, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict wittl the pro ions of this Ordinance are hereby repealed. rM, Ordinance No. Page 2 SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20_. MAYOR ATTEST: CITY CLERK Approved by City Attorneys Office �z rte, y ,fin w Z Ned uoglPPV m 3 jooag9jppuS to 9 aol Pue 4 30110 Wd I` 1 � LL E� °e VM01/AL0 VM01 m 'O'l'l NOOOOtld uels @S� veld OdO lEeuiw„aad UVi Hal jooagalPPeS le NoolaanO aql O ppp°I s �=III ❑ ll.°. � � Thu y w �AFs SbW as � op4� r till �'ag3� it e$ E�€33 �a_y Aag ��8aa3 �a== <§..� gggggF 5gy2 Ni �..... o0oilt Fa PH aal t 83 p¢p¢ s i �pC ➢F F GS8p GR is 81 G s G 05 $ s HIS =� � E } ps # 5pF �� Ee a� °; Ka E aE f5a� 6i §j� b e9 zg ay.$ c 5 ESR n $k - R m3ffi arFaIII AHIII I,�f1.�11ff���II t! 101 3 I` 1 � a m @S� R UVi \¢b m 'fie O J 6U'U' K Thu y w �AFs SbW as � op4� r till �'ag3� it e$ E�€33 �a_y Aag ��8aa3 �a== <§..� gggggF 5gy2 Ni �..... o0oilt Fa PH aal t 83 p¢p¢ s i �pC ➢F F GS8p GR is 81 G s G 05 $ s HIS =� � E } ps # 5pF �� Ee a� °; Ka E aE f5a� 6i §j� b e9 zg ay.$ c 5 ESR n $k - R m3ffi arFaIII AHIII I,�f1.�11ff���II t! 101 k§ 3 m� wa \¢b pp pp p a a I M 9d`g E * s s .� n & al. k§ Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5239 (REZ14-00010) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Paddock LLC (hereinafter "Owner"), and Steve Gordon (hereinafter "Applicant"). WHEREAS, Owner is the legal title holder of approximately 21.24 acres of property located south of Paddock Circle and west of Heinz Road; and WHEREAS, the Owner has requested approval of a PI ned Development Overlay Plan of said property to allow alternative ownership under its current Overlay Planned Development/High Density Single -Family Residential (OPD/R 12) zoning; and WHEREAS, the Planning and Zoning Commission hasetermined that, with appropriate conditions regarding exten ion of public infrastructure, site layout and building design and construction, and number o bedrooms per unit, the reque ted zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code k14.5 (201 3) provides thaj the City of Iowa City may impose reasonable conditions on grantin an applicant's rezoninq request, over and above existing regulations, in order to satisfy publiceeds caused by the r quested change; and WHEREAS, the Owner ackno ledges that ce ain conditions and restrictions are reasonable to ensure the development o3,,the propertys consistent with the Comprehensive Plan and the need for improved connectivity nd long -tem stability of the development; and WHEREAS, the Owner agrees to develop 1 conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the agree as follows: 1. Paddock LLC is the legal title holder of the in accordance with the terms and promises contained herein, the parties legally described as: A PART OF LOT 4 AND LOT 6, SADDLE�OK ADDITION PARAS RECORDED IN JOHNSON COUNTY RECORDER'S OFFICE BOOK 42, AGE 246, AND A PART`9F AUDITOR'S PARCEL 2004093, AS RECORDED IN JOHNSON COUNTY R ORDER'S OFFICE BOOK , PAGE161. 2. The Owner acknowledges that to City wishes to ensure conforma ce to the principles of the Comprehensive Plan and the S th District Plan. Further, the par a acknowledge that Iowa Code §414.5 (2013) provides at the City of Iowa City may impose r asonable conditions on granting an applicant's rezo ' g request, over and above the existing egulations, inmrder to satisfy public needs cause y the requested change. 7-- =- 3. In consideration of the City's rezoning the subject property, Owner agrees t�IeV opmecit� of the subject property will conform to all other requirements of the zoning chapter, kwell�5' the following conditions: •'.a -Zi . ry.T CD .7 ppdadnn/agt/rez14-00010 shire lane cza final.doc a. Any development shall be in substantial compliance with the site plan and elevations submitted on November 6, 2014 (including the use of masonry and cement board siding) and shall be limited to one- and two-bedroom units; b. Prior to issuance of a building permit for any development activity on the above- described property, the following must occur: i. The Owner shall agree, in writing, to install and dedicate Mustang Lane west of Heinz Road and extend Heinz Road to Mustang Lane as a public improvement prior to any development east of Shire Lane, ich agreement may be done by amendment to the Saddlebrook, Part Two Sub 'vider's Agreement, recorded at Book 3037, Page 3) 4, in the Records of the John on County Recorder's Office; Shire Lane and Mustang Lane shall be platted asipublic streets; iii. The applicant willprovide a statement from is engineer indicating that the stormwater deten on pond is adequate to h/ndthe proposed development and that all necessa modifications due to thension of McCollister Boulevard can be constructe on site. c. Prior to the issuance f an occupancy permit fy dwelling units constructed on the above-described p perty, Shire Lane shallxtended to the McCollister Blvd. right-of-way with a to porary turnaround co structed at the south end of Shire Lane. The cost of re oving the tempora turn -around improvement shall be deposited in an escrow ccount to ensur that it is removed when McCollister Boulevard is extended; d. The City will accept dedicati of Shire ne as a public improvement concurrent with the dedication of Heinz Ro d and M tang Lane. Prior to dedication, Shire Lane will be inspected by the Public orks Viepartment. Any repairs deemed necessary must be made by the developer be ore a City will accept dedication; and e. The Owner acknowledges that a po on of the Stormwater detention pond serving the above-described property encro c s on to City -owned property upon which the City intends to construct McCollist Bo evard. At such time as the City determines that it will construct MCCollister B levard, the Owner shall be solely responsible for timely performing any and all odificatio s to said stormwater detention pond necessary to eliminate this en oachment an maintain compliance with the storm water obligations pursuant to a Iowa City Co a of Ordinances. This cost shall be born solely by Owner, who must provide the Ry with a letter of credit prior to issuance of any building p mit for development o the above-described property to ensure satisfaction with t ' obligation. 4. The Owner and City acknowl dge that the conditions contaXied herein are reasonable conditions to impose on the la under Iowa Code §414.5 (2013 and that said conditions satisfy public needs that are ca sed by the requested zoning change 5. The Owner and City acknowledge that in the event the subject property is transfgred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms76 this zonditional Zoning Agreement. =- r 'TJ 6. The parties acknowledge that this Conditional Zoning Agreement shall tl@,,4eeed tom a covenant running with the land and with title to the land, and shall remain in force and ct fz�as a covenant with title to the land, unless or until released of record by the G%of Iowa Cly .1 ppdadm/agt/rez14-00010 shire lane cza final.doc 2 7. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all other applicable local, state, and federal regulations. 9. The parties agree that this Con ' ional Zoning Agreeme t shall be incorporated by reference into the ordinance rezonin the subject property, an that upon adoption and publication of the ordinance, this greement shall be recorde in the Johnson County Recorder's Office at the Owner's exp nse. Dated this day of , 20 CITY OF IOWA CITY Name of current, Mayor By: Attest: Marian K. Karr, City Clerk \ By: Approved by: City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGE STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged Vefore me on , 2015 by Susan Mims and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ppdadm/agUrezl4-00010 shire lane cza final.doc 3 ?-,'I 1 6'} wuuumwr i � e r-. a This instrument was acknowledged Vefore me on , 2015 by Susan Mims and Marian K. Karr as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ppdadm/agUrezl4-00010 shire lane cza final.doc 3 CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on Paddock LLC ACKNOWLEDGMENT: State of _ County of 20_ by Of , Inc. Notary Public in and for kaid County and State (Stamp or Seal) Title (and Rank) This record was acknowledged before me on_ by (Name(s) of was executed). fl(s) as of authority, such as officer or trustee) of ie of party on behalf of whom record Public ir\and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadm/agVrez14-00010 shire lane cza final.doc 4 Mra S fl(s) as of authority, such as officer or trustee) of ie of party on behalf of whom record Public ir\and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadm/agVrez14-00010 shire lane cza final.doc 4 01 -2679'- 5C Prepared by: Bailee McClellan, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ14-00022) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY 1.1 ACRES LOCATED AT 965 SLOTHOWER ROAD FROM COUNTY AGRICULTURAL (A) TO RURAL RESIDENTIAL (RR -1). (REZ14-00022) WHEREAS, the applicant, Slothower Farms LLC, has requested a rezoning of property located at 965 Slothower Road from County Agricultural (A) to Rural Residential (RR -1); and WHEREAS, the Comprehensive Plan Future Land Use map shows the subject property as incorporated into Iowa City; and WHEREAS, the Comprehensive Plan — Southwest District Plan indicates that the area is appropriate for future urban development; and WHEREAS, the Comprehensive Plan — Southwest District Plan indicates that some residential uses may develop along Slothower Road prior to significant urban development; and WHEREAS, the subject property will not lead to immediate urban development; and WHEREAS, Rural Residential zoning is appropriate for areas in the city that are not projected to have the utilities necessary for urban development in the foreseeable future; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of County Agricultural (A) to Rural Residential (RR -1): LEGAL DESCRIPTION A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N00°00'52"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 13, A DISTANCE OF 370.00 FEET; THENCE S89°16'13"W 300.02 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING S89°16'31"W, 162.23 FEET; THENCE N01°27'17"W, 290.00 FEET; THENCE N89°16'31"E, 169.67 FEET; THENCE S00°00'53"W, 290.00 FEET, TO THE POINT OF BEGINNING. SAID ANNEXATION PARCEL CONTAINS 1.1 ACRES (48,121 SQUARE FEET, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owners expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI, EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. MAYOR Ordinance No. Page 2 ATTEST: CITY CLERK Approved by ecf CA City Attorney's Office It 2�//� Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 01/06/2015 Vote forpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway, Dickens. NAYS: None. ABSENT: None. Second Consideration 01/20/2015 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Date published Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," CHAPTER 2, ENTITLED "TAXICABS," IS AMENDED TO PROVIDE FOR THE REGULATION OF RIDE SHARING SERVICES OPERATING VIA A WEB BASED APPLICATION SYSTEM, TO REQUIRE THE CITY TO ISSUE IDENTIFICATION CARDS, TO ELIMINATE THE EXCEPTION FOR DISPATCHING FROM A LOCATION OTHER THAN THE OFFICE FROM MIDNIGHT TO 6:00 AM, TO REQUIRE COLOR SCHEMES, TO REVISE THE DEFINITION OF DESTINATION RATES, AND TO REGULATE SHARED RIDES. WHEREAS, in the spring of 2014, the Police Department investigated allegations of sexual assaults by taxi cab drivers; WHEREAS, in their investigations, the Police Department expended many hours in attempting to locate drivers and vehicles; WHEREAS, in order to address the Police Department's needs in investigating crimes, the Police Department recommends certain amendments; WHEREAS, ridesharing transportation services, which connect driver and passenger via a web -based application, are expanding to more cities both in the U.S and abroad; WHEREAS, having such ridesharing services operating in the City will provide residents and visitors with another transportation option; WHEREAS, such ridesharing services should be regulated in a similar manner to traditional taxicab services; WHEREAS, the regulations imposed on taxicab companies, regardless of the business model, should meet the following health, safety and welfare needs: a) the police department's need for timely and accurate information on vehicles and drivers; b) the police department's need for consumers and crime victims to be able to identify vehicles and drivers; c) vehicles need to be safe; d) drivers need to be a good drivers and of good moral character; and e) passengers need to be notified of the fare that will be charged; WHEREAS, in order to address those needs, the City should issue identification cards to all drivers, the current exception that allows dispatching to be done from a non -office location from midnight to 6:00 AM should be eliminated, metered taxicab businesses should have a unique color scheme, destination rates should be defined to be the flat rate from a location within the City limits to a location outside the City limits, and the ability of drivers to pick up "additional" passengers should be limited; and WHEREAS, it is in the public interest to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Sections 1-10 and 13-14 are deleted in their entirety and the following new Sections 1-8 and 10-12 are substituted in lieu thereof: 5-2-1 DEFINITIONS: As used in this chapter, the following definitions shall apply: AIRPORT SHUTTLE: A vehicle furnished with a driver that carries passengers for hire exclusively on a route that either starts at or ends at a commercial airport, and operates without a taximeter. APPLICANT: A person or entity wishing to operate as a taxicab business within the corporate city limits or a person wishing to drive a taxicab. CERTIFIED CALIBRATOR: Individual who possesses a certificate showing completion of a taximeter calibration course. Said certificate must state the individual qualifications to program, calibrate, repair and maintain a taximeter. Said certificate must also include the name of the meter manufacturer(s), and models for which the individual is qualified to calibrate. CHARTER TRANSPORTATION: A vehicle furnished with a driver that carries passengers for hire either on a fixed route in the city or pursuant to a written contract with reservations at least twenty four (24) hours in advance of the service. The vehicle shall operate without a meter installed and charge for services on Ordinance No. Page 2 an hourly basis or longer periods of time. CONNECT: The network communication process by which a driver accepts a requested ride via a web - based application system. DECAL: A sticker issued by the city clerk for each taxicab operated by a taxicab business. DESTINATION RATE: A flat fee charged by a metered taxicab business to carry a passenger from anywhere within the corporate limits of Iowa City to a specified geographic location outside the corporate limits of Iowa City that is applicable at all times and on all days. A destination rate cannot be charged for a ride that originates and terminates within the corporate limits of Iowa City. Examples of a destination rate are: Iowa City to Riverside Casino $_ and Iowa City to Eastern Iowa Airport $_. DISPATCH: The communication process, such as by means of telephone, radio, or mobile device, by which a metered taxicab business assigns a particular metered taxicab driver to a location to pick up a passenger. DRIVER: A person who is authorized by the city to drive a taxicab. ENTRY FEE: The fee charged when the taximeter is turned on regardless of the distance traveled. HORSEDRAWN VEHICLE: Any vehicle operated or pulled by a horse, furnished with a driver and carrying passengers for hire within the city, and operates without a taximeter. LICENSE: Written permission by the city to operate a taxicab business. MANIFEST LOG: A daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. A manifest log may be stored electronically. METERED TAXICAB. A taxicab in which the taxicab business dispatches a driver to a passenger or the driver responds to a passenger via traditional street hail, including hand gestures and verbal statements. A metered taxicab does not include a pedicab or horsedrawn vehicle. METERED TAXICAB BUSINESS: A taxicab business that operates at least one taxi by means of dispatching drivers and/or by means of traditional street hail, including hand gestures and verbal statements. A metered taxicab business does not include taxicab services provided by pedicabs and horse drawn vehicles. NETWORK REPRESENTATIVE: The person that a network taxicab business has authorized to file an application for a taxi cab business license and receive and accept all correspondence and notices from the City pertaining to the network taxicab business and its affiliated drivers. NETWORK TAXICAB. A taxicab in which the driver connects with passengers via a web -based application. NETWORK TAXICAB BUSINESS: A taxicab business that operates its business entirely via a web -based application system to connect drivers with passengers for taxicab services. PASSENGER: An individual being transported by a taxi cab business. PEDICAB: A vehicle propelled primarily by human power through a belt, chain or gears, having two (2) or more wheels, furnished with a driver and carrying passengers for hire. A motor may assist or supplement the human power, but the pedicab cannot be propelled exclusively by the motor. It shall be equipped with properly functioning front and rear lights for nighttime operation, right and left rearview mirrors and right and left turn signals, and operates without a taximeter. PREARRANGED RIDE: A period of time that originates when a driver accepts a requested ride through a web -based application, continues while the driver transports the passenger, and terminates when the passenger departs from the network taxicab. RATE CARD: A card containing the maximum fare rates. A rate card must include the information shown on the city clerk's rate card template, and it must be filed with the city clerk. STREET: Any street, alley, court, lane, bridge or public place within the city. TAXICAB: All vehicles furnished with a driver that carry passengers for hire within the city, including, but not limited to, metered taxicabs, network taxicabs, pedicabs, and horsedrawn vehicles. "Charter transportation" and "airport shuttle," as defined in this section, and a vehicle owned or operated by any governmental entity that provides public transportation are not taxicabs. TAXICAB BUSINESS: A person or entity that provides taxicab services originating within the corporate limits of the city of Iowa City. TAXICAB SERVICES: All activities conducted as part of or in furtherance of a taxicab business. TAXIMETER: A device attached to a taxicab that automatically calculates at a predetermined rate or rates Ordinance No. Page 3 and indicates the charge for hire of a metered taxicab. WEB -BASED APPLICATION: A program that is accessed over a network or internet connection that connects passengers and drivers and provides passengers with driver, vehicle, and rate information prior to engaging in a prearranged ride. 5-2-2 BUSINESS LICENSES: A. Taxicab business licenses shall be valid for one year. All business licenses shall commence on June 1 of each year, and shall expire on May 31. No business licenses will be issued unless an application is filed by May 1, except for pedicabs and horsedrawn vehicles. B. Each applicant for a taxicab business license shall file an application with the city clerk by May 1 on forms provided by the city. C. If the city clerk finds that the applicant has fully complied with the requirements of this chapter, the applicant has no outstanding judgments arising from municipal infraction citations, and the police chief or chiefs designee has determined that there is no information which would indicate that the issuance of the license would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall issue a license to conduct a taxicab business. D. If the city clerk subsequently finds that the taxicab business is not in full compliance with the requirements of this chapter or if the police chief or chiefs designee finds that continued operation of the taxicab business would be detrimental to the safety, health or welfare of residents of the city, the city clerk may revoke or suspend the license to conduct a taxicab business as provided in section 5-1-5 of this title. E. No taxicab business shall allow a person to drive a taxicab unless the driver has the authorization of the city clerk. F. The license cannot be sold, assigned, or transferred to another taxicab business. G. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise. Manifest logs must be maintained and accessible to the city for a minimum of sixty (60) days. H. Each taxicab business shall provide taxicab service to the public twenty-four (24) hours a day, seven (7) days a week. I. Notwithstanding the provisions herein, network taxicab business licenses may be issued for the time period between March 1, 2015 and June 1, 2015. 5-2-3 ACCESSIBILITY OF RECORDS: A. Taxicab businesses shall maintain manifest logs, stored electronically or otherwise, for a minimum of sixty (60) days. The manifest logs shall be accessible to the City during the sixty (60) day period. B. Taxicab businesses shall provide the following vehicle information and driver information on demand to the city of Iowa City and this information must be accessible to the City in at least one of the following ways: 1. A taxicab business shall have an accessible business office located within Iowa City or Coralville city limits. An accessible business office means that the office must be staffed twenty-four (24) hours a day, seven (7) days a week and is subject to inspection by the City without notice. Manifest logs must be maintained at the accessible business office. The telephone number listed on the application must be answered twenty-four (24) hours a day, seven (7) days a week. 2. A web -based application used to connect passengers and drivers shall display for the passenger prior to engaging in a pre -arranged ride, at a minimum: a. the driver's first name and a photograph of the driver; b. the license plate number of the vehicle; and c. the vehicle's make and model. 5-2-4 DRIVER REQUIREMENTS A. No person shall operate a taxicab without authorization of the city clerk. B. 1. Each person desiring to drive a taxicab shall file an application with the city clerk. 2.If the city clerk finds that the applicant has fully complied with the requirements of this chapter and the police chief or chiefs designee has determined that there is no information which would indicate Ordinance No. Page 4 that authorization to drive a taxicab would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall authorize the individual to drive a taxicab. Names of authorized drivers will be made available in the office of the city clerk during regular business hours and on the city website. 3. Driver authorization shall be valid for a period of one year from date of issuance. C. 1.Beginning March 1, 2015, each driver while operating a taxicab, which includes a prearranged ride, shall prominently display in locations in both the front and rear compartments a picture identification card that is visible to all passengers. The City shall provide the picture identification card and shall approve the locations where it is displayed. 2. Prior to March 1, 2015, each driver while operating a taxicab in the City, shall prominently display in locations in both the front and rear compartments an identification card that is visible to all passengers which is issued by the taxicab business showing the full name of the driver and the taxicab business. The card must be at least eight and one-half inches (81/2") in width and five and one-half inches (51/2') in height. The City -issued identification card satisfies this provision. D. No driver shall smoke while transporting a passenger. No driver shall allow a passenger to smoke. E. No driver shall take a circuitous route to a destination, or any route other than the most direct route, without the express consent of the passenger. F. No driver operating a network taxicab, unless it is also a metered taxicab, may solicit potential passengers. Solicit means an appeal by words or gestures for immediate patronage of a taxi. A network taxicab driver shall not direct people to a network taxicab that is parked, stopped, standing or moving upon the street. G. No driver operating a network taxicab, unless it also is a metered taxicab, may accept or respond to passengers' or potential passengers' request for service via traditional street hail, including hand gestures and verbal statements. H.Shared ride means a taxi ride in which two or more passengers with the same origin and with either the same or different destinations occupy a taxicab at one time. If passengers at the point of origin expressly agree to a shared ride, the driver shall charge the first passenger, or first group of passengers, to depart the fare shown on the meter. The driver shall then reset the meter, and the driver shall charge the second passenger, or second group, to depart the fare shown on the meter for the distance from the point of the first stop to the point the second passenger departs. If a passenger, or group, departs at a third or subsequent destination, the driver shall reset the meter and charge the third or subsequent passenger in the same manner as the second passenger. If all passengers depart at the same destination, the fare charged by the driver shall be either the fare shown on the meter or a destination rate to a point outside the City limits. Regardless of the number of passengers in a shared ride, the driver may not charge any other fee or surcharge except a cleanup fee. No driver may request a passenger to share a ride, and no driver shall pick-up an additional passenger at any point after the taxi ride begins. I. A network taxicab is not a "commercial vehicle" for purposes of the parking restrictions in Section 9-4 of the Code. J. The following provision applies to motorized taxicabs: No person shall operate a motorized taxicab, including a pedicab that is assisted or supplemented with a motor, on the streets of the city, no person who owns or controls a motorized taxicab shall permit it to be so driven, and no motorized taxicab licensed by the city shall be so driven for hire unless the driver of such motorized vehicle shall have first obtained and shall have then in force a chauffeur's license issued under the provisions of the code of Iowa, as amended. 5-2-5 VEHICLE REQUIREMENTS: A. Each taxicab shall be subject to an annual inspection, and no taxicab shall pass inspection unless it complies with this chapter, the vehicle equipment requirements of the code of Iowa, and administrative rules. B. The City may require reinspection of a taxicab on belief that it is not mechanically fit. 1. In the event any taxicab is determined by the city equipment superintendent or designee not to be mechanically fit, the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the taxicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. Ordinance No. Page 5 2. The police chief or designee may require reinspection of a taxicab on belief that it is in such unsafe condition as to endanger any person. In the event any taxicab is determined by the police chief or designee to be in such unsafe condition as to endanger any person, the decal shall be confiscated and returned to the city clerk. After reinspection and determination that the taxicab meets the standards of mechanical fitness, a new decal will be issued and charged as established by council resolution. 3. In the event any network taxicab is determined by the city equipment superintendent or designee not to be mechanically fit, the City shall notify the network representative, and the network representative must immediately deny the driver access to the network's system. After reinspection and determination that the taxicab meets the standards of mechanical fitness, the City shall notify the network representative and the driver may be allowed access to the network's system. C. In order to solicit passengers, be hailed, or be dispatched to a passenger, a metered taxicab business and driver, and pedicabs and horsedrawn vehicles as applicable, must meet the following requirements: 1. Taximeter: All taxicabs must be equipped with a taximeter that is in good operating order, and has been calibrated and sealed by a certified calibrator. Dated documentation must be provided to the city equipment superintendent, on a form provided by the city, with each inspection and filed with the city clerk when the inspection is completed. Calibration date must be within thirty (30) days prior to the annual inspection. Signage must be conspicuously displayed on the inside of a taxicab that states "If the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare available upon request." The city may require verification of a certified calibration for taximeters without prior notice for the purpose of ensuring compliance with this chapter. 2. Lettering Required: Each taxicab shall have the name of the taxicab business on each side of the vehicle in letters at least four and one-half inches (41/2") in height. Removable signs and peel -off letters shall not be allowed. If a phone number is provided, the number shall be the same number that appears on the taxicab business application and rate card. All other letters and numbers shall not be greater than three inches (3") in height. Lettering may be allowed on a window, if approved by the city equipment superintendent or designee. 3. Lighted Dome: Every metered taxicab shall have a lighted dome attached permanently to the exterior roof of the taxicab with lettering that identifies the vehicle as a taxicab visible from the front and back of the taxicab. The lighted dome shall be a minimum size of twelve inches by one inch by three inches (12" x 1" x 3"). In the event the city equipment superintendent or designee determines that the permanent attachment of a dome to the exterior roof is not possible, the city equipment superintendent or designee may approve an alternative placement. If a phone number is provided the number shall be the same number that appears on the taxicab business application and rate card. 4. Beginning June 1, 2015, all metered taxicabs must have a unique and distinctive color scheme and design, which must be approved by the City. D. Except for pedicabs and horsedrawn vehicles, each taxicab business shall provide a minimum of four (4) taxicabs, and one taxicab shall be in operation at all times. At least four (4) taxicabs shall be insured and shall have a decal at all times. 5-2-6 DECALS: A. Each taxicab business shall file an application for a decal for each taxicab with the city clerk on forms provided by the city. B. No person shall operate a taxicab on any street unless a decal has been issued by the city clerk, and no taxicab business shall allow a taxicab to be operated on any street unless a decal has been issued by the city clerk. The decal shall be attached to the lower corner of the front windshield on the passenger side. Pedicabs or horsedrawn vehicles shall display the decal on the left rear of the taxicab. C. If the city clerk finds that the taxicab business has fully complied with the requirements of this chapter and the city equipment superintendent or designee determines that there is no information which would indicate that issuance of the decal would be detrimental to the safety, health or welfare of residents of the city, the city clerk shall issue a decal for the taxicab. D. The decal shall be nontransferable as between taxicabs and taxicab businesses. Ordinance No. Page 6 E. Decals will be issued by the city clerk on the next business day at least twenty- four (24) hours after the filing of a completed application for such decal with the city clerk. F. The taxicab business shall return the decal within two (2) business days of when the vehicle is no longer operating as a taxicab. Additionally, metered taxicab businesses shall remove the bubble light and lettering within two (2) business days of when the vehicle is no longer operating as a taxicab. Failure to comply with this provision is grounds to suspend and revoke the taxicab business license. G. If, after the issuance of a decal, the license plate for the taxicab is changed, the taxicab business shall inform the city clerk in writing of the new license plate number and have the city equipment supervisor or designee verify that the VIN, license plate number, and decal match. No driver shall operate a taxicab until the city equipment supervisor or designee has verified that the VIN and decal match the new license plate number. No taxicab business shall allow a taxicab to be operated until the city equipment supervisor or designee has verified that the VIN and decal match the new license plate number. H. The taxicab business shall return the decal within two (2) business days of when the vehicle is no longer operating as a taxicab. I. No person shall operate a motorized vehicle, a horsedrawn vehicle, or a pedicab that has a decal attached to it if the decal is not valid. A decal that is not valid includes, but is not limited to the following situations: 1) the decal is outdated; 2) the insurance for the taxicab as required in this chapter has been cancelled or otherwise terminated; or 3) the taxicab business has notified the City Clerk that the vehicle is no longer part of its fleet. 5-2-7 LIABILITY INSURANCE REQUIREMENTS: A. The taxicab business shall insure each driver consistent with the requirements of this chapter. B. The minimum limits of the insurance policy shall be determined by the City's Risk Manager. C. The taxicab business shall file with the city clerk evidence of liability insurance coverage in the form of one certificate of insurance that lists all taxicabs insured. The certificate of insurance must be acceptable to the City. D. The insurance company must be authorized to do insurance business in the state of Iowa and be acceptable to the city. E. Insurance coverage for the driver of a network taxicab shall, at a minimum, be for incidents involving the driver during a prearranged ride and shall provide coverage at all times the driver is engaged in a prearranged ride. Insurance coverage of a metered taxicab, which is not titled in the name of the business, shall be for incidents involving the driver when the vehicle is operated as a taxicab and shall provide coverage at all times a driver is operating the taxicab. Insurance coverage of a metered taxicab, which is titled in the name of the business, and pedicabs and horsedrawn vehicles, shall be for all incidents. F. Notwithstanding Section 5-1-5, the cancellation or other termination of an insurance policy required by this chapter shall automatically suspend the business license. The City Clerk shall immediately issue written notification to the taxicab business of the suspension of the license. The City Clerk will schedule a suspension hearing before the City Manager or designee in the same manner as in Section 5-1-5. If the taxicab business obtains insurance coverage that complies with this chapter prior to the hearing on the suspension, the City Clerk may withdraw the suspension and cancel the hearing. Upon the City Clerk suspending the license, the taxicab business shall return all decals to the city clerk. If the suspension of the business license is subsequently withdrawn, the taxicab business must apply for new decals in accordance with the terms of this chapter and at its expense. 5-2-8 RATES: A. Rates must be based on time, distance, or a combination thereof. B. Taxicab businesses and drivers shall provide rate information to all passengers in at least one of the following ways: 1. A web -based application system that minimally provides: Ordinance No. Page 7 a.The total fare or fare range is clearly displayed on the application and the passenger positively acknowledges he or she agrees to the rate structure being charged for the ride requested before the ride is confirmed. All other rates, charges, or fees are prohibited. b. Upon completion of the prearranged ride, the driver or taxicab business shall transmit to the passenger an electronic receipt, either by electronic mail or text message. The receipt shall document the point of origin and destination of the ride, the total distance and duration of the ride, the total fare paid, and the driver's first name. c. No taxicab business or driver shall charge a fare that exceeds the amount communicated through a web -based application. 2. A rate card that is prominently displayed to all passenger seats and each driver shall provide a copy of said card to a passenger, when requested. A copy of the rate card shall be filed with the city clerk. a. A rate based on distance includes destination rates. Except for destination rates, all rates based on time and/or distance must utilize a taximeter. All other rates, charges, or fees, except for cleanup fees, are prohibited. Only one rate may be certified by the calibrator at one time, and said rate must match the rate card filed in the city clerk's office and verified by the city equipment superintendent or designee. b. No driver of a metered taxicab shall operate a taxicab without utilizing a taximeter that has been calibrated by a certified calibrator and inspected. c. Whenever the taxicab business desires to change the rate charged, the taxicab business shall file a rate card with the city clerk setting forth the new rates. The business must have all taximeters recalibrated by a certified calibrator on a form provided by the city and returned to the city clerk no later than ten (10) business days after filing the new rates with the city clerk. The business must have the taximeter recalibrated by a certified calibrator no sooner than the filing date of a rate card change and no later than ten (10) business days after said filing date, The business must have all taximeters recalibrated by a certified calibrator before the business may again change the rate charged. 3. No taxicab business or driver shall charge a fare exceeding the amount communicated to passengers through a web -based application, rate card, or taximeter. 5-2-10 REVOCATION/SUSPENSION OF LICENSES AND AUTHORIZATIONS: Licenses and authorizations issued under this chapter may be revoked or suspended as provided in section 5-1-5 of this title. 5-2-11 FEES: Fees for licenses, decals, inspections, and authorizations shall be set by Council resolution. 5-2-12 ADMINSTRATIVE RULES: The City Manager and City Clerk, and their designees, are authorized to establish administrative rules not inconsistent with any ordinance adopted by the City Council. A copy of the rules shall be on file with the City Clerk and available of the City website. 5-2-13 VIOLATIONS: Any violation of this chapter shall be considered a simple misdemeanor or municipal infraction. The fine for a simple misdemeanor shall be $100.00, and the civil penalty for a municipal infraction shall be as provided in Section 1-4-213 of the code. Ordinance No. Page 8 2. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 11, entitled "Horsedrawn Vehicles" is renumbered as Section 9. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2015. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Botchway Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 01/06/2015 Voteforpassage: AYES: Botchway, Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton. NAYS: None. ABSENT: None. Second Consideration 01/20/2015 Voteforpassage: AYES: Throgmorton, Botchway, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Date published Marian Karr From: Elnora Smith <sesmith@mchsi.com> Sent: Thursday, January 08, 2015 9:35 AM To: Council Subject: Uber Dear Council Members, I have no personal interest in this subject. However, I have friends and family in different states who have told me of problems with Uber in their areas. In addition to some of the locations not vetting drivers, there has been an issue with insurance coverage. According to what I have been told Uber does not carry insurance on its drivers. Each driver carries its own insurance. However, the insurance company does not cover a driver's riders unless the driver buys insurance to cover his business. So if there is a bad accident and a rider is killed or severely injured, neither the driver's insurance nor Uber is required to provide payment for costs involved. I would hope that you would check this out thoroughly and make it so we don't have people in our community being subjected to possible large sums of non -covered bills. If the family member is not insured, we could be placing at in a big risk. I do think that riders should be made aware that they are not insured for any injuries, etc. Thanks for all you do, Elnora Smith On doubling fares. Why are we micromanaging this all of a sudden? Have there ever been any substantive complaints about the practice of doubling fares? Most people are fine with the idea since they get a 20% discount (from honest, legitimate taxi drivers, at least). I'm not a big fan of doubling fares, but many drivers like the chance to get the extra money for miles driven, and many fares like to share because they know they have secured a taxi, and a possible discount. It might be instructive here to examine the history of shared rides in Iowa City. Around 1990, when there were not enough taxis in Iowa City to meet demand, the City encouraged, even required, two similar fares to travel together. This was always provided the first caller agreed to the second caller riding along. The driver makes more, each fare gets a 20% discount, and both callers get home more quickly. Everybody's happy. The ordinance as drafted here is unenforceable. You're telling a driver what he cannot say to a passenger. A gag order - over sharing a cab ride? I don't believe any drivers or fares are likely to stop doing this since it works to their mutual advantage, and theme are no significant penalties in place to prevent it. If passengers don't wish to share, tWey say so. This rarely occurs. �. And concerning Stadium rates: Why the Kinnick destination rate has been such a problem for the City I will_novep- understand. '15 a head to or from the stadium area unless mileage plus passenqj_�rs is greater, from two hours before the game until two hours after it ends." There it is in 27 words. Simple. Fares were prorated if you didn't make it all the way to the Stadium. Since the City has turned its focus onto the gouging issue, this it what they see first. Okay, go ahead and take away the game rates. I haven't been charging them for the last year anyway. I run the meter now regardless. But outlawing game rates isn't going to stop the gouging. Gouging happens at busy times when individual drivers for lease companies invent prices. $25 for three miles seems to be the going rate. I have heard countless people tell me this happens every time they ride with these companies. The rate card doesn't matter, the meter doesn't matter. The driver charges what he wants, and many times he gets it. People pay because they're drunk and tired, and then they complain to us (while paying us half what they paid the thieves). These are Guys With Vans who drive cars their companies do not own. Nothing in the ordinance as drafted is going to change that, so we should all expect the gouging to continue. P" A P-ZSnu,51rep .� e-.4kie- Perry A. Rasmussen 414 Pleasant St Iowa City, IA 52245 Uber's attempt to disrupt the taxi industry? "Been there, done that," said Catherine Rampell. The $40 billion company pitches itself as a radical upstart, a "virtuous, pro -consumer underdog" fighting dumb regulations written to protect Big Taxi. But Uber would do well to consult history: "These kinds of battles have played out before," most recently in the 1960s. Then, about two dozen U.S. cities "dramatically deregulated" their taxi industries after "local livery regulators became overgrown and corrupt," lifting restrictions on fares, licensing, and safety requirements. It turned out to be a disaster. There were more taxis than ever before, but consumer "prices rose in every single deregulated market." Government rules and oversight, it turns out, had helped cap fares below market value. Over time, fares grew increasingly unpredictable and service declined; by the 1990s, "nearly every city had re -regulated." Now "the cycle is repeating itself." It's worth remembering that neither Uber nor the traditional taxi industry is truly pro -consumer; "both are pro -profit-making." Protecting consumers is the government's job; it's why we have regulations. Uber is right that there are some silly taxi laws on the books. "But the so- lution to bad regulation is not no regulation." January 12, 2015 Mr. Adil Adams American Taxi Cab 2532 Bartelt Road Apt. #1C Iowa City, IA 52246 Dear Mr. Adams: �-#f+�I�a - P II412%, -a` •k ,�aso�� CITY OF IOWA CITY City Attorney's Office 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 3S6 -S030 (3 19) 356-5008 FAX www.icgov.org The Mayor directed City staff to respond to your letter to the City Council dated December 1, 2014. Your first point was that the City Clerk sent a notice of a court hearing to the wrong address. The City Clerk does not provide anyone with a notice of a court hearing. The Johnson County Clerk of Court provides notices of court hearings. Your second point claimed that your taxicab business was negatively affected because the Iowa City Police Department made false allegations when investigating a sexual assault last spring. In investigating the sexual assault, the Police Department made no allegations against you or American Taxi Cab. If you have any questions about this letter, please do not hesitate to contact me. Sincerely, $t Susan Dulek Assistant City Attorney Copy to: City Council Thomas M. Markus -City Manager Geoff Fruin-Ass't. City Manager Marian K. Karr -City Clerk i Y . e�.l CITY OF IOWA CITY MEMORANDUM DATE: JANUARY 15, 2015 TO: TOM MARKUS, CITY MANAGER FROM: SIMON ANDREW, ADMINISTRATIVE ANALYST ALEC BRAMEL, INTERN CITY MGR.'S OFFICE SUSAN DULEK, ASS'T. CITY ATTORNEY DEREK FRANK, POLICE SGT. DOUG HART, POLICE CAPTAIN MARIAN K. KARR, CITY CLERK RE: QUESTIONS RAISED AT TAXI ORDINANCE FIRST READING INTRODUCTION At the January 6, 2015 formal Council meeting, comments were received during the first consideration of proposed changes in the taxi ordinance. Council requested staff provide additional information on questions that were raised. INSURANCE REQUIREMENT Q. How will private insurance companies treat personal automobile coverage when a network driver does not have a passenger in the vehicle? A. Iowa law (Section 321A.11) requires all drivers to have insurance in the amount of $20,000 because of bodily injury or death of one person in any one accident, $40,000 for two or more persons in any one accident, and $15,000 for property damage. In other words any driver, network or metered, is required by state law to have at least this amount of insurance while operating his/her vehicle. An individual operating a vehicle without the required coverage is in violation of state law, and thus staff did not recommend addressing this in City Code. That being said, this is a rapidly changing industry and staff recognizes that there are aspects of City Code that may need to be evaluated as the industry evolves. However, staff does not recommend delaying public safety focused components of the proposed ordinance due to ongoing discussions in the insurance industry. Insurance requirements can be reviewed as industry norms and best practices become clearer for various business models. Several state governments are also evaluating legislation to clarify the issue. Uber representatives have indicated that they provide drivers with conditional coverage while the application is on but there is not a passenger in the vehicle; staff has not evaluated the specific policy provided. Regardless of whether this coverage is provided through a network company or the driver's private insurer, the coverage is required by state law and is not addressed in City Code. The amount of coverage required is the same for metered and network companies. Insurance companies must be approved by the City regardless of the company's business model and proof of insurance must be filed with the City Clerk. UNAUTHORIZED DRIVERS Q. How will the arranging of rides outside of a network application be prevented? A. This question is not unique to network companies and applies equally to metered taxi drivers, or for that matter to unlicensed drivers. A metered taxi driver can offer to pick up a passenger when off-duty or an individual can offer a ride for compensation without following City ordinances just as a network driver could. Such individuals would be in violation of City Code and subject to the appropriate fine. SURGE PRICING/FAIRNESS Q. Does "surge pricing" allow for an unfair pricing model? A. The City does not currently regulate fare amounts and the proposed ordinance does not recommend regulating fare amounts, only that passengers are clearly informed of the rate that they will be charged prior to engaging in a ride. For metered companies, this is accomplished through filing rate cards with the City Clerk and posting them in vehicles. Network companies can communicate this information electronically, so long as the passenger affirmatively acknowledges the range of the fare that will be charged. The recommended ordinance satisfies the goal of "fair pricing" that staff used when drafting the recommendation. "Fair" was not defined as the City beginning to regulate the amount of fares, only that a customer is aware of the price before agreeing to get into a cab. Staff did not identify public safety considerations with surge pricing. Q. Why is then; an office requirement for metered companies? A. Public safety goal #1 that was identified when drafting the proposed ordinance states that Police investigators need timely and accurate information on vehicles and drivers in the event of an investigation. As the Police Department found when investigating the assaults that occurred last year, it is vital that investigators are able to ascertain immediately the driver and/or passenger of a given trip. Businesses may either provide this information through an office that maintains manifest logs or through an application that provides the information in real time to passengers and an email receipt after the trip. So long as Officers are able to retrieve this information when needed, regardless of the model, the public safety goal identified is satisfied. Q. Must an individual use a smart phone and a credit card in order to use a network application and is this fair? A. This question is not directly related to the five goals used to guide staffs recommendations. Staff did not focus on the business model of any single company, only the information that the City requires to meet the five identified goals. A business model could allow for internet transactions without the use of a smart phone or different payment options and still satisfy the proposed code requirements. The ordinance allows for different models, but does not require or encourage any particular one. Online and credit card transactions are becoming more common in a number of industries and this is no exception. CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319)356-5000 (319) 356-5009 FAX www.icgov.org l' LHANDOUTS Information submitted after distribution of packet on Thursday. Agenda ITEM 5a REZONING 608 AND 610 S. DUBUQUE STREET LANDMARK DESIGNATION - Se corresaon en ITEM 11 REVISION TO TAXICAB CORRESPONDENCE - See additional correspondence Or Marian Karr From: Roger Bradley <yel lowcabic@g mail. com> Sent: Saturday, January 17, 2015 11:23 AM To: Council; Matt Hayek; Susan Mims; Terry Dickens; Jim Throgmorton; Michelle Payne; Rick Dobyns; Kingsley Botchway Cc: David Stoddard; david rotzinger; Donna Prymek; Marian Karr Subject: letter to City Council Attachments: Council. letter.Janl 6.2015. pdf Please see the attached pdf file, containing a letter to the Council. Thank you. Roger Roger E. Bradley Manager Yellow Cab of Iowa City (319) 541-0533 FAX 319-338-2708 vellowcabicna,gmail.com www.yellowcabic.com Yellow Cab of Iowa City P.O. Box 428 —wIowa City, M 52244 omrr (319) 338-9777 January 16, 2015 Iowa City City Council: We would like to take a moment and address some issues concerning the Taxicab Ordinance now up for consideration by the Council. We think that the five (5) major goals set with the 1112012014 working draft are all excellent goals. While we believe the proposed ordinance achieves many of these goals, there are nevertheless some areas of question or concern. 1) Why two types of taxicab companies? The proposed ordinance creates two types of taxicab companies, but it is not clear why this is necessary. The basic service, where they facilitate the immediate and for-profit transportation of a passenger from point A to point B. Is what has always been referred to as taxicab service. Before you say, "weH, they use an app," I hope you understand that in the United States the major taxi companies now use a variety of dispatch methods including the use of an app. The method of dispatching a taxicab, whether It Is by an app or not, should not foster the development of a different set of public safety and licensing rules for the taxi operations, even if you want to call them something else like a transportation network company. In this regard our market is not unique. Yellow Cab of Iowa City has for years used computerized dispatching, employing various computerized hardware devices Including tablets, and has dispatched it drivers via an app. We also have a smartphone app customers can use for ordering a taxi. The fact that we already have and use this technology means that there is no substantial difference created by an app itself. Therefore, it is simply not necessary to artificially create two types of companies. Technology and innovation already exists in our market, and will hardly be stifled or chilled if the Council does not create a new category. 2) 5-2-3 ACCESSIBILITY OF RECORDS. The proposed ordinance requires taxicab businesses to maintain and make accessible to the City manifest logs for a 60 -day period at any given time. It appears to allow two distinct methods of compliance, one by having a 24/7 physical business office that Is staffed so that the police can visit and request information u yellow Cab of Iowa City P.O. Box 428 Iowa City, IA 52244 ply (319) 338-9777 personally, and another method for web -based applications. The problem is that when you read Section B (2), it does not indicate how the police will be able to get this Information from the company. Do they have to answer a phone? Will the police have access to a computer database? Will they have to email the company? How much time is allowed for the request to be processed? The point Is, while this section lists what Information the phone app must capture, it does not describe any actual procedure that the police or the company will or must follow. 3) 5-2-5 VEHICLE REQUIREMENTS. With the proposed requirement of distinct color schemes, we ask that the City adopt an administrative rule recognizing the color schemes of those companies that have for years consistently and universally operated their vehicles with distinct color schemes and designs. 4) 5-2-7 INSURANCE REQUIREMENTS. I will avoid repeating comments we have made to the Council at the January 6, 2015 public hearing. However, there are additional concerns about insurance. Uber's Terms and Conditions require app users to agree to Terms that further absolve Uber of any accountability and force responsibility onto the 'Third -Party' provider, meaning the driver who, unless the Council requires it, does not have Commercial insurance. Uber's Terms read "you agree that the entire [italics mine] risk arising out of your use of the services... remains solely with you."* Further, "Uber shall not be liable for any damages, liability or losses incurred by you arising out of your use of the services....** Uber claims there is no problem with insurance, but their insurance is admittedly part time. The question before the Council should be 1) whether any for-profit taxicab service be allowed to operate with part-time liability insurance, or require injured parties to have to contact multiple insurance companies to see which of them, if any, will accept -responsibility for a claim; or 2) should any for-profit transportation service provider be allowed to require passengers to waive their legal rights before providing the service. *https:/ANww.uber.com/en-US/legal/usatterms 5) RATES. We maintain that allowing network taxicab companies to charge any rate structure at any time results in price gouging and poorly addresses the needs of the entire taxicab -riding public. One of the City's UOU3. yellow Cab of Iowa City P.O. Box 428 Iowa City, IA 52244 0 (319) 338-9777 stated goals is 5. "Fair Pricing." This type of pricing favors those who can most afford higher rates, as the accept/decline function of the app merely transforms the dispatching process to an auctioning of taxicabs to the highest bidder at that moment. Some network taxicab companies have received very unfavorable reviews of this practice. Further, non -network companies cannot offer this product to its customers, putting them at a competitive disadvantage. Metered taxicab companies who do not use an app can nevertheless employ methods to make certain the customer has agreed to the rate structure offered to them. For example, you could simply require that the company secure the agreement by requiring credit card pre- payment, whereby the driver would already need to get a signature for the credit card sale. This would act as approval. Finally, we feel that the network transportation model is inherently discriminatory. The company services only those customers with a smartphone and a credit card. If you are less affluent, have only a landline and can only pay with cash, you cannot use their transportation service. If a company comes to a community to provide transportation service, shouldn't they be required to be available to the entire community? What happens to the elderly on faced incomes or to the individual on assistance when they need transportation? Providers of transportation for the public should offer services to everyone equally. Sincerely, Roger E. Bradley David L. Stoddard Manager Managing Member ........................... ........_.._. 01-20-115 12 Prepared by: Kristin Watson, Human Rights Investigator, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5015 ORDINANCE NO. 15-4606 ORDINANCE AMENDING TITLE 2 OF THE CITY CODE, ENTITLED "HUMAN RIGHTS," CHAPTER 4, ENTITLED "ENFORCEMENT," SECTION 2, ENTITLED "INVESTIGATION OF COMPLAINTS; PREDETERMINATION SETTLEMENT," TO AMEND TIME PERIODS CONCERNING HOUSING COMPLAINTS. WHEREAS, the City Code presently requires complaints of discrimination in housing to be resolved within 100 days of filing; and WHEREAS, time periods for service of complaints and provision of answers to mandatory questionnaires/document requests are incompatible with the 100 -day deadline and should be shortened; and WHEREAS, it is in the best interest of the City to adopt these amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled "Investigation of Complaints; Predetermination Settlement," Subsection A is hereby repealed and replaced with the following: A. After the filing of a verified complaint, a true copy shall be served by certified mail upon the person against whom the complaint is filed. Service shall be effected within 20 days of filing for complaints in the areas of employment, public accommodation, credit or education, and within 7 days of filing for complaints alleging discrimination in the area of housing. Service is effective upon mailing. 2. Title 2, entitled "Human Rights," Chapter 4, entitled "Enforcement," Section 2, entitled "Investigation of Complaints; Predetermination Settlement," Subsection C. is hereby repealed and replaced with the following: C. The Human Rights Coordinator may draft and mail to the parties written questionnaire/document requests to which respondent and complainant are required to respond. Answers and documents are to be received by the Human Rights Coordinator's office within thirty (30) days of receipt of the questionnaire/document request for complaints in the areas of employment, public accommodation, credit and education, and within fifteen (15) days of receipt of the questionnaire/document request for complaints in the area of housing. The Human Rights Coordinator may grant extensions of time to respond. SECTION II. REPEALER. All Ordinances and parts of Ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 20th day of January, 2015. --Et'tom u_ •' ATTEST: e•� CITY'CLERK Approved by: City Attorney's Office i 1- ')�-` `4 Ordinance No. 15-4606 Page 3 It was moved by Mims and seconded by Payne that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Botchway x Dickens x Dobyns x Hayek x Mims x Payne x Throgmorton First Consideration 12/16/2014 Vote for passage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Second Consideration 01/06/2015 Voteforpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Botchway. NAYS: None. ABSENT: None. Date published 01/29/2015