HomeMy WebLinkAbout1987-01-27 OrdinanceOtDINAME NO.
AN OROINa10E ESTABLISHING THE NORTH SIDE RESIDENTIAL
ATEA AS AN IOWA CITY HISTORIC PRESERVATION DISTRICT,
SAID DISTRICT SWILL CONSTITl1TE AN OVEUY ZOW OF
THE ZONING ORDINANCE OF IOWA CITY.
WOEAS, settleneit of the North Side Residential
Historic District described below dates back to the
Original Town Plat of 1839 and, among other things,
the area is notable for its terraced homes and brick
paved streets; and
WEREAS, due to its proxinity to the Ihiversity
of Iona, many key University figures have lived in
this area; and
WWREAS, the City Council finds that the City's
historic, architectural and cultural heritage should
be safeguarded through the protection, enhancement
and pepetuation of a historic district; and
WiEVA, the City Council finds the North Side
Residential Historic District to possess properties
vhich are significant to the history, architecture
and culture of Iowa City; and
WezW, after extensive pblic meetings and
hearings, many residents of the area have deron-
strated their support for establistment of the area
as an historic district.
NOW, 11ERFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF TTE CITY OF IOBA CITY, IOWA, THAT:
SECTION I. That area of Iowa City ohich is de-
scr�Gelow and show on Exhibit A is hereby
classified as the North Side Residential Historic
Reservation District.
1. The north half of Blocks 31, 57 and 69, Original
Torn, Iowa City, Iowa(hereinafterreferred to
as "Original Tan"), as recorded in the Johnson
County Recorder's Office in Book 1, page 116,
and the north 50 feet of Lot 5, Block 31, Origi-
nal Tan.
2. Blocks 32, 33, 34, 35, 36, 49, 50, 51, 52, 53,
54, 55, 66, 70, 71, 72, 73, 74 and 75; and
Outlets 16, 17, 18, 19, 33 and 34, Original
Tan.
3. lots 1, 5 and 6 of Coleran's Subdivision of
outlet 32, Original Tan.
4. Bella Vista Place subdivision.
5. Lot 1, Block 76, Original Tan.
6. The south -half, and the west -half of the north
half, of Outlot 15, Original Tarn.
7. A tract of land commencing at the mrtMast
corner of Outlet 16, Original Taw, thence south
139 feet along the west line of said Outlet 16;
thence west 8D feet; thence north 139 feet;
thence east 80 feet to the place of beginning.
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Ordinance No.
Page 2
8, Lot 23 of the Subdivision of the SEI/4 of Sec-
tion 3, Township 79 N, Range 6 West of the 5th
P.M., except the follwirg: Beginning at the
intersection of the East line of Gilbert Street
ad the North Section 1 ine of Sec, 10, Twp, 79
N, R. 6 W. of the 5th P.M., which point is 360
feet forth of the SI comer of Outlot 17, Origi-
nal Tam, according to the recorded plat there-
of; thence East 153 feet; thence North 95 feet;
thence West to the Easterly line of the exten-
sion of North Gilbert Street, Ione City, love,
as now located; thence Southeasterly along the
Easterly line of said extension of North Gilbert
Street to its junction with the North ed line
of Gilbert Street, according to the original
plat of Ione City, love; thence East 16 feet to
the Point of Begimirg, as sham in Plat Book 1,
Page 1 and Plat Bode 3, page 413, pecorder's
Office, Johnson County, Ime;
Also excepting: Beginning at the intersec-
i nof the t-of-ey line line
of Lot 23 and the South
rKinball Road; thence S
78011' W, 153.5 feet to an iron et to 31 iron pipe; thence S
83020' W, 154.0 feet to an iron pipe; thence S
30553' W, 169.1 feet to an iron Pipe; thence S
8839' E, 158.0 feet to an iron pipe;
89013' E, 146.6 feet to an iron pipe; thence S
89013 E to the East line of said Lot 23; thence
North along the East line of said Lot 23 to the
Point of Beginning.
Also excepting: Beginning at a point Which
is N 31029' W, 422.3 feet fron the Easterly line
of Nath Gilbert Street Extension in Ione City,
Iola, fmn its intersection with the South
Section line of Section 3, Tranship 79 North,
barge 6 West of the 5th P.M.; thence S 31029' E,
310.3 feet; thence East 29.58 feet to an iron
Pin on the centerline of Gilbert Street p0-
IMW ft" 263.99 fleet;thence Westerly t 192.8 tothethence
point
of Begimirg.
Also accepting: All that part of Lot 23
lying North of a line, said line being located
in the follwing mamer: Cwewing at the
intersection of the Fast line of North Gilbert
Street and the South Section line of said Sec-
tion 3, Township 79 N. Range 6 W, thence prmeed
N 31029' W. 422.3 feet to said line, the bearing
of vhich is S 89053' E, said tract described
herein lying {est of a line, said line being
incatef in the following nanner: Cmnencirg at
the intersection of the East line of said Lot 23
and the South right-of-wy line of KirnbalI load,
/&O
Ordinance W.
Page 3
thence S 76039' W, 66.5 feet; thence S 78017' W,
153.5 feet; thence S 80020' W, 151.0 feet to
said line; the bearing of vhich is S 3453' W-
9. Lot 25 of the Subdivision of the SE1/4 of Sec-
tion 3, Towship 79 N, (range 6 W, of the 5th
P.M.
SECTION II. The building inspector is hereby au-
tWizeTand directed to anend the zoning rmp of the
City of I04 City, Iowa, to conform to this anend-
mart upon final passage, approval and publication of
this ordinance as provided by law.
SECTION III. The City Clerk is hereby authorized
TdRe—H@ to certify a copy of this ordinance to
the Canty Fecoder of Johnson County, Iowa, won
final passage and publication as provided by Jaw.
SECTION IV. REPEALER: All ordinances and parts of
° nares n con °t with the provision of this
ordinance are hereby repealed.
SECTION V. SEVERABILITY: If any section, provision
or p o e van& shall be adjudged to be
Invalid or uconstitutional, such adjudication shall
not affect the validity of the Ordinance as a vho1e
or any section, provision or part thereof rt ad-
judged invalid or unconstitutional.
:N" EFFECTIVE DATE: This Ordinance shall
n a nor passage, approval and
publication as required by law.
Passed and approved this
ATTEST:
CITY Mr-
Rentved i Approves
h rhe lapel Department
4f6_414'
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It was moved by and seconded by
that the Ord inanc—e--as—r—eaTYe adopted and upon roll c&77Mre were:
AYES: NAYS: ABSENT:
j AMBRISCO
_ BAKER
_ COURTNEY
DICKSON
MCDONALD
STRAIT
_ ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
i.
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EXHIBIT A
Proposed North Side Residential Historic District
District Boundary
/Od
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City of Iowa City
MEMORANDUM
DATE: January 22, 1987
TO: City Council
FROM: Barry Beagle, Associate Planner
RE: Proposed North Side Residential Historic District
On April 23, 1986, the Historic Preservation Commission recommended
that a twenty-four block area comprising the northwest corner of the
Original Town Plat of 1839 be designated a local historic district
(Historic Preservation Overlay (OHP) Zone). After holding four meet-
ings for public discussion, the Planning and Zoning Commission re-
commended that the historic district as recommended by the Historic
Preservation Commission be accepted with the addition of a four block
area east of Gilbert Street and south of Church Street; two properties
located at the southwest corner of the intersection of Davenport and
Dubuque Streets; additional properties fronting on North Dubuque
Street; and the lots at the north end of North Johnson Street. The
Planning and Zoning Commission elected to consider the proposed district
in two parts. On December 4, 1986, the Commission recommended that the
area north of Church Street be approved with the additions, and on
December 18, 1986, recommended .that the area south of Church Street be
approved including the proposed additions.
Included are memorandums submitted to the Planning and Zoning Com-
mission from staff as well as petitions and correspondence received
in reference to the proposed district.
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_> City of Iowa CV -1
MEMORANDUM
Date: December 12, 1986
To: Planning 8 Zoning Commission
From: Historic Preservation Commission
Re: North Side Residential Historic District
At our December 10 meeting, the Historic Preservation Commission discussed
the proposal before the Planning and Zoning Commission to amend the southerly
portion of the North Side Residential Historic District. The Historic Pres-
ervation Commission endorses the inclusion of the blocks east of Gilbert
Street, north of Davenport and south of Church Street in the North Side
Residential District. We also endorse inclusion of the two structures in the
southwest quadrant of the intersection of Davenport and Dubuque Streets. The
Historic Preservation Commission agrees with the Planning and Zoning Commis-
sion that these areas are logical extensions of the original district and
that their inclusion will provide integrity to the North Side district.
The Historic Preservation Commission would also encourage the Planning and
Zoning Commission to retain the entirety of Block 75 in the district designa-
tion. We feel that the inclusion of this block is critical to the preserva-
tion of a neighborhood compatible with the key structures in this block and
the neighboring block to the north.
bj5/4
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City of Iowa City
MEMORANDUM
Date: December 12, 1986
To: Planning & Zoning Commission
From: Barry Beagle, Associate Planner
Re: Proposed North Side Residential Historic District
At the Commission's request, I spoke with Mr. Jim Jacobsen, National Register
Coordinator of the Iowa State Office of Historic Preservation, concerning the
length of time it would take them to review the revised North Side residen-
tial historic district if received before Christmas. Since this is a request
for local historic district designation, Mr. Jacobsen said they should be
able to respond within two or three weeks from the date received. Supporting
documentation, as requested by Mr. Jacobsen, is currently being prepared and
should be ready to go if the Commission takes action on December 18. Upon
submission to the state, staff will emphasize the urgency of this matter and
request that they respond in a timely manner so that it can be set on the
City Council's agenda for January 13, 1987, in order to set the public hear-
ing.
Property owners of the four block area east of Gilbert Street have been
informed of the December 18 meeting, and encouraged to attend the meeting to
express their views.
On another matter, staff has found the house at the north end of Johnson
Street to be owned by Ms. Mary Anne Rouse (900 North Johnson Street). The
house was constructed some time around 1918 and sits on a 4.4 acre parcel as
shown on the attached map.
/440
Proposed North Side Residential Historic
district
Suggested Deletions
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City of Iowa City
MEMORANDUM
Date: November 26, 1986
To: Planning and Zoning Commission
From: Barry Beagle, Associate Planner
Re: Cost/Time Factors Associated with Enforcing a Local Historic Dis-
trict
On November 6, 1986, the Commission requested additional information concern-
ing the effects of establishing a local historic district; specifically, the
additional expenditure of time required for a property owner seeking to
improve a building or a site within a local historic district.
Since the Historic Preservation Commission was established in April, 1983,
two historic districts have been designated; Woodlawn and Summit Street were
both created in February, 1984. Since that time, no requests to the Historic
Preservation Commission to evaluate a change in appearance of a building or
site within either of these districts have been made. The procedures which
govern the review process, Section 27-87 et. seq, have been in effect since
December, 1982, when the Historic Preservation Ordinance was adopted. To
date, the procedures governing this process have not been exercised. The
following is a review of the procedures outlined in the Historic Preservation
Ordinance as it applies to property within a local historic district.
Section 27-87(a) indicates that "no individual or corporation shall undertake
a change in appearance of a building or site within a designated historic
district for which a regulated permit is required... unless a Certificate of
Appropriateness or a Certificate of No Material Effect has been granted."
(Emphasis added.) A change of appearance refers to any change or alteration
(i.e. erection, movement, demolition, reconstruction or restoration) of the
exterior features (architectural style, general design and arrangement of the
exterior) of a building, or change or alteration of the appearance of a prop-
erty within a historic district. This term only applies to changes which are
visible from the public way or from adjacent properties, and for which a
regulated permit (i.e. building code, sign regulations, house movers' ordi-
nance or fire code) is required. Normal repairs and maintenance which do not
involve alterations or changes in the exterior features of a building or
which do not require a regulated permit are not considered to be a change in
appearance for which a certificate is required. Nothing in the Historic
Preservation Ordinance requires a property owner within a district to make
improvements to his/her property. With this in mind, what are the costs
associated with being located within a local historic district?
It shall be the responsibility of the building official to require a property
owner within a historic district to file an application for a Certificate of
Appropriateness for any change in appearance (Section 27-87(c)). At this
time there are no provisions for additional fees or charges assessed to the
property owner to make such application. Upon filing the application, it
shall be forwarded immediately to the Department of Planning and Program
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Development (Section 27-87(d)), If it is found that the work contemplated
will have no effect on any significant architectural features of the building
or on the historic district. a Certificate of No Material Effect can be
signed by the chairperson and secretary of the Historic Preservation Comis-
sion and a building permit released within the normal review time. Normally,
it takes approximately five (5) days for a building permit to be approved
provided there are no deficiencies.
I
change,ve,the work contemplate
theappli ationforaCertificate of Appropriateness ashallcbet
set nt ufor
review before the Historic Preservation Commission at their next regular
t
he meeting.
TheComnission me tss nce ubmta month onsthe hsec second Wednesday d not les tan nine days �of achor totmonth. The
Commission shall approve, modify, or disapprove the application setting forth
full reasons for its decision in a written resolution (Section 27-87(f)).
approved, a Certificate of Appropriateness will be issued, signed by the
chairperson, and immediately transmitted to the building official. A prob-
able time frame for the review and approval of a Certificate of Appropriate-
ness is 11 days if the application is received nine days prior to the meeting
and 40 days if this deadline is not met; this assumes no unanticipated de-
lays.
Staff time will be required to review an application for a Certificate of
nyrmeetings. Itr isranti brief at antaff icipated t rtheramountprovide
timestrequiredpofor as
single application will be minimal as the proposed change will either conform
to the standards set forth in the Secretary of Interior's "Standards for
Rehabilitation" or not. At a minimum, being located within a historic dis-
trict may potentially add approximately six days to the review process for
receiving a building permit.
bj5/8
/too
City of Iowa City
MEMORANDUM
Date: October 31, 1986
To: Planning & Zoning Commission
From: Barry Beagle, Associate Planner
Re: Proposed North Side Residential Historic District
The Historic Preservation Commission is recommending that an area of approxi-
mately twenty-four (24) blocks be designated a Historic Preservation Overlay
(OHP) Zone. This area which constitutes the northwestern corner of the 1839
Original Town Plat of Iowa City appealed to University -related faculty and
administrators, and by the turn of the century became a very desirable area
to build modest homes. A majority of the homes built in the 1840's onward
still exist as do the brick -paved streets representative of that era. For a
more thorough background, please refer to the attached report titled "Pro-
posed North Side Residential Historic District" prepared by the Historic
Preservation Commission.
In accordance with the procedures of Section 36-54 of the Zoning Ordinance,
the Historic Preservation Commission held two recent public hearings, March
12, 1986, and April 23, 1986 (minutes attached) concerning the proposed North
Side Historic District. The attached map labeled "Proposed North Side Resi-
dential Historic District" identifies the boundaries of the proposed dis-
trict, significant structures within'the district, as well as those property
owners who favor or oppose the designation of the district. Also attached is
correspondence received by the Commission during the course of the public
hearings. The proposed district has been reviewed by the Iowa State Histori-
cal Department and has been found to meet the criteria set out in the State
Code of Iowa. Attached is a letter dated April 13, 1984, from Mr. Adrian D.
Anderson, Executive Director, confirming the acceptance of the proposed
district.
An OHP Zone contains abutting pieces of property which are significant to
local or national history, architecture, archaeology or culture. OHP desig-
nation is intended to preserve, protect and enhance the City's historic,
architectural and cultural heritage by designation of historic districts.
Once a district is designated, changes of appearance to the exterior features
of buildings, which are visible from a public way or adjacent properties and
require a regulated permit, are controlled by the Historic Preservation
Ordinance. Property owners are not prevented from making changes to their
buildings, nor are they required to make improvements to their property.
Normal routine maintenance such as painting would not be subject to Historic
Preservation Commission review.
Within the district there are 306 structures, 245 of which have been classi-
fied as Key structures, Contributing structures and Intrusions. Attached is
a memorandum dated June 1, 1984, from Monica Moen to the Planning and Zoning
Commission, which explains the criteria for evaluating historic structures.
Of those properties classified, 81 are recognized as Key structures, 152 as
`ed
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Cont Contributing structurtures, and 12 as Intrusions (See Table 1). resented Ages of Key and
Alsorenclosed isr a table whichreidentifies the loin cation ofles 2 neach,typepoftstruc-
ture by address, Table 4.
Also enclosed for the Commission's review is a memorandum dated April 18,
1986, froof a m Monica Moen to the Historic Preservation Commission, including two
trjcts,° as well s eatmaped "A Guide to ide identifying theDbaseezomningEdofsthe Historic Dis-
toric district. proposed his -
Approved by:
*rtment
me ser, D rect r
of Planning and
Program Development
Enc.
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ProDosed North Side Residential Historic Disfrinr
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PETITION
There would be many benefits from a North Side Residential
Historic District in Iowa City. I favor this nr------,
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DOCUMENT
PETITION
There would be many benefits from a North Side Residential
Historic District in Iowa City. I favor this proposal.
Name Address Ph
1
2
3
4
5
6
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9
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PETITION
There would be many benefits from a North Side Residential
Historic District in Iowa City. I favor this proposal.
Ngme _ Address Phone R 0 00
1
2
4
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6
7
8
9
1
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PETITION
There would be manv
Historic District in
benefits from a North Side Residential
Iowa City. I favor this
proposal.
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PETITION
There would be many benefits from a North Side Residential
Historic District in Iowa City. I favor this proposal.
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PETITION
There would be many benefits from a North Sidesi
tial
Historic District in Iowa City. I favor this proposal.
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11
PETITION
There would be mann benefits from a North Side Residential
Historic District in Iowa City. I favor this proposal.
Name Address Phone R 0 00
1
4
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6
7
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PETITION
There would be many benefits from a North Side Residential
Historic District in Iowa City. I favor this proposal.
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There Ltld be Distri�tm
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PETITION
There would be many benefits from a North Side Residential
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Historic District in Iowa City. I favor this proposal.
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PETITION
There would be many benefits from a North Side Residential
Historic District in Iowa City. I favor this proposal.
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PETITION
There would be many benefits from a North Side Residential
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PETITION
There would be many benefits from a North Side Residential
Historic District in Iowa City. I favor this oronn��i
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PETITION
There would be many benefits from a North Side Residential
Historic District in Iowa City. I favor this proposal.
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PETITION
There would be many benefits from a North Side Residential
Historic District in Iowa City. I favor this proposal.
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PETITION
There would be manv benefit=_ from a North Side Residential
Historic Di=strict in Iowa Cita. I favor this proposal.
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City of Iowa Cit
MEMORANDUM
DATE: November 25, 1986
TO Planning .& Zoning Commission
FROM: Monica Moen, Associate Planner
RE., Signatures of Support
Attached is another installment of a list of signatures of individuals
who support designation of the North Side Residential Area as a local
historic district. This list was presented to the Commission by Pat
Eckhardt at the November 20, 1986 Planning & Zoning Commission meeting.
0
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There PETITION
HistoriotDtlstrimtn ^benefits from a North a _
Iowa r; a..
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PETITION
There would be many benefits from a North Side Residential
Historic District in Iowa City. I favor this proposal.
Name Address Phone R 0 00
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EPARTMENi
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�1 PETITION
There would be many benefits Iowa City. I ffrom a North Side de
Historic District in Ioantial
vor this nFesiRcside
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I
PETITION
There would be many benefits from a North Side Residential
Historic District in Ioo-{a City. I favor this proposal.
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NOV 0 6 1986
P.P.D. DEPARTMENT
3.(�.74-
PETITION
There would be many benefits from a North Side Residential
Historic District in Ionia City. I favor this proposal.
Name Address
1
2
3
4
5
6
7
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PETITION
There would be many benefits from a North Side
Historic District in Iowa city, I favor +S d
Residential
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PETITION
There would be
Historic Distrimany benefits from a North Side
ct in Iowa Citv. r
/0/
5. rnLzq�z
PETITION
There would be many benefits from a North side Residential
Historic District in Iowa City. I favor this proposal.
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NOV 0 61986
P.P.D. DEPARTMENT
0
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PETITION
There would be many benefits from a North Side Residential
Historic District in Iowa City. I favor this proposal.
Name Address Phone R 0 00
1
4
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6
7
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9
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NOV 16 1986
p.p•D. DEPARTMENT
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NOV 16 1986
p.p•D. DEPARTMENT
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36
ORDINANCE Np,
AN OOINANCE *MING T}f ZONING ORDINANCE BY OUNG-
STPEB WM IINDISSMAL PAFXCFFRN ERTAI1-11 To cl1Y11QOhN AS
hFEREAS, Streb South Industrial Park is located
in an area zoned I.I. General industrial Zone; and
WET5S, industrial lausend ire the area Plan for a King
Streb South Irqustrial Park; and
MELAS, the City Council deers that intensive
cmmercial uses are appropriate within the subdivi-
sion; and
MERFAS, the City Council finds that intensive
oanrercial uses could nobe Inappropriate or ice,
patBE IT CI 6f 7W CITY
Im CITY, Im-
i ii the fif CITY GF
SECTION I. ZONING A%eCM iT, That the PAY
describel be a is herby reclassified from its
Present classification of I-1 to CI -1:
SECTION II. ZONI Fi4P.hibThe builds ins
pector li7v authorized and directed to odwr9zoning is
MP of the City of fes City, Iowa, m conform this amt upon the final passage, approval and
Publication of this ordinance as Provided by law.
SECTION III. CERTIFICA17ON AN) FECOMING, the city
onPY of this On%lirwoce Aidn shall be recorded at
the office of the Canty Recorder of Johnson County,
10wa, upon final Passage and publication as provided
by law,
SECTION IV, i TA1PR; All ordinances and parts of
Ordinance nWIO�^ with the provisions of this
SECTION V. SEVE�A IIU2: eby iIf an section
BF PA o s canoe shall be adjudgprovision
d vto 1be
invalid or unconstitutional, such adjudication shall
not affect the validity of the Ordinance as a chole,
or, an section pa thereof not ad. Y ,provision or rt
Judged invalid or uxcnstitutional,
SECTION VI. EFFECTIVE DATE: This Ordinance shall
publication asrequired by law.
approval and
Passed and approved this
iMYOR
ATTEST:
CITY CLER(
p,.12�
Received 8
Approves
Ry iF.e Lir,l
°)nzal-lent
/3 �z
r
It was moved by and seconded by
that the Ordinance as rea e adopted and upon roll call the were:
AYES:NAYS: ABSENT:
AMBRISCO
BAKER
COURTNEY
—_ DICKSON
MCDONALD
STRAIT
ZUBER
First consideration
Vote for passage:
Second consideration
Vote for passage
Date published
iM NANCE NO.' s7�_
IANNGOT1E ;NANCE *IENDII WZONING OMNUNCE BY DA%-
AT 401 SONGILBERT SrEET CERTAIN Pfd7PEl0y LOCATED
bert"WZI �t the
ated in mated at 401 South Gil-
µ�, the Crnpr live Plan the an of
Iaa City shows mixod lard uses in the area contain -
Ing ProP" at 401 South Gilbert Street; and
Mme, the existing development near the P�p-
erty located at 401 South Gilbert Street is for uses
uses;
with mixed eamhemial and residential
Ii
for tha are mixed uses are the most
e area; and fipropriate use
MUM, because of a shortge of off-street
Parkingadditioi the ate' it is necessary to p�np
Parking if more intense use is nada of
the Prq)aty; and
I
ProviwdJe * theaP licant for rezoning has agreed to off-street Parking for the
PrPrrt In accordance with the terns and conditions
ark
hereto. n9 Agh'6n�"ht' a copy of which is attached
CIL OF,Tit�CITY OF IOA CIOW. BE IT �AIO�W4 TI By T: CIiY MN -
SECTION I. ZONING 7N4T:
W can it ms of t eJeth to the terms
erty described below is herebg reclassAgrement' the prnp-
Present classification of CC -2 to CB-2:
Begifi� frvn its
I eetSing outhaaf int 144.6 feet cost and 126.4
ofSection 15, Tovmship 75 N, RS WesCOMer tf of thethe 5thP.M., thence north alto
and 2 in Block 2 g the e
, Ben7hilast line of Lots 3
to Iona City, 1 and Pierce's Addition
46.35'f� icing to the necorded
Plat thereof,
to the east line of MaiP thence fwt
den Lane, 6
thence south
45.4 feet; thence east 85,24 feet along the south
face of the vall of the three story building mw
on said real estate, to the Place of
SECTION II. ZONING N14P. The Building Ibemgimirg.
Fir* a or ze a irected to change th� zoning
this of the City of Iowa City, Iowa, to conform to
Publicationme*af ordinance as provided approval and
f SECTION III. PARKING provided lm
y au or ze a The ttya' is
Clerk to attest, the Parisi sign, and the City
ng Agreenent.
/3S
W,
Ordinance No. 87-3309
Page 2
i
i SECTION IV. CERTIFICATICN AND RECORDING. The City
Clerk s he*--auNrized and directed-tD certify a
cgry of this ordinance ohich together with the
executed Parking Agreement shall be recorded at the
office of the County Recorder of Jonson County,
Iowa, upon final passage ard publication as provided
by law.
6-10 V. REPEkER. All ordinances and parts of
ces in c ct with the provision of this
ordinance are hereby repealed.
SECTION VI. SEVERABILITY. If any section, pmvi-
Mon or finance shall be adjudged to
be invalid or unconstitutional, such adjudication
shall rot affect the validity of the Ordinance as a
whole or arty section, provision or part thereof not
adjudged invalid or unconstitutional.
SECTION VII. EFFECTIVE DATE. This Ordinance shall
be n e ect after its finalpassage, approval and
publication as required by law.
Passed and approved this 27th day of January.
liaeeived $ Approved
By The Legal Department
/3S
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It was moved by Zuber and seconded b
that the r ounce e as rea a o ted and y Strait
were: P upon rol ca t ere
AYES: NAYS: ABSENT:
Y AMBRISCO
X BAKER
Y COURTNEY
Y DICKSON
X MCDONALD
Y STRAIT
Y ZUBER
First consideration 12Z16486
Vote for passage: Ayes. Courtney, is son, McDonald, Strait,
Zuber, Ambrisco. Nays: Baker. Absent: None.
Second consideration 1/13/87
Vote for passage: Ayes: is son, c onald, Zuber, Ambrisco.
Nays: Baker. Absent: Courtney, Strait.
Date published 2/4/87
/3S
1. '
S.
PARKING AGREEMENT
This Parking Agreement is made by and between the City of Iowa City, Iowa
("The City") and Benjamin Chait ("Chait") a resident of the City of Iowa City,
whose address is 918 E. Washington, Iowa City, Iowa,
WITNESSETH:
WHEREAS, Chait is the owner of the following described real estate, the
sane being situated within the corporate limits of the City of. Iowa City, Iowa
(which Parcel shall hereinafter be designated as "Parcel One"):
Beginning at a point 144.6 feet .east and 126.4 feet south of the
northwest corner of the NE 1/4 of Sec. 15, Twp. 79 N. R 6 West of the
5th P.M., thence north along the east line of Lots 3 and 2 in Block
2, Berryhill and Pierce's Addition to Iowa City, Iowa, according to
the recorded plat thereof, 46.35' feet, thence west 85.76 feet to the
east line of Maiden Lane,. thence south 45.4 feet, thence east 85.24
feet along the south face of the wall of the three story building now
on said real estate, to the place of beginning.
AND WHEREAS, Chait has applied for and the City is in the process of
considering a rezoning of Parcel one from a classification of CC2 to a classi-
fication of CB2, and
WHEREAS, the City and Chait both recognize that there now exists a major
parking shortage in the general vicinity of Parcel One, and
WHEREAS, the City and Chait have agreed that in the event the City approves
the application for rezoning of Parcel One, additional parking for Parcel One
may be necessary, and
WHEREAS, Chait is also the owner of the following described real estate
which is situated within the corporate limits of the City of Iowa City, Iowa
(which Parcel is hereinafter referred to as "Parcel Two"):
All that part of Block 2 in Berryhill and Pierce Addition to Iowa .
City, Iowa; described as follows: Beginning at a point on the east
line of Maiden Lane, said point being 54.8 feet northerly of the
intersection of the east line of said Maiden Lane with the south line
of Block 2, Berryhill and Pierce Addition to the City of Iowa City,
Iowa; thence southerly 54.8 feet along the east line of said Maiden
Lane to the south line of Block 2, Berryhill and Pierce Addition to
the City of Iowa City, Iowa; thence easterly along the south line of
said Block•2 of Berryhill and Pierce Addition to its intersection
with the west line of Gilbert Street; thence northerly along the west
line of said Gilbert Street 55.4 feet; thence westerly to the point
of beginning. Also all of Lot 1 and Lot 2 in Block 5 of Lyons First
Addition to Iowa City, Johnson County, Iowa.
AND WHEREAS, Parcel Two is located sufficiently close to Parcel One so as
to provide a location suitable for parking in the event that additional
parking is required for Parcel One, and
,3s
-7
2
WHEREAS, Chait is ready, willing and able to commit and agree to provide
r r
fparking
orParParcel T
Parcel Oneandadditionalwo in the eer
parkingistherebytrequiredpforaParrceloOneezoning
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein, it is agreed as follows:
I. Effectiveness. This Agreement shall be effective in the event the
City approves the application for rezoning for Parcel One from a classifi-
cation of CC2 to a classification of CB2. In the event.the City does not
approve the application for rezoning, this Agreement shall be null and void
and of no further force or effect.
2. Parking Agreement. In the event that the City approves the application
for rezoning of Parcel One from a classification of CC2 to a classification of
CB2, and in the event that Chait shall develop the building located on -Parcel
One to include more than two (2) dwelling units, then Chait, as a precondition
Of the issuance of an occupancy permit for such dwelling unit or units (in
excess of two such dwelling units), shall provide the required parking for
such dwelling unit or units on Parcel Two, or any other real estate owned or
under the exclusive control of Chait which is located within 300 feet of
Parcel One.
3. to Runant
his
running wiithnParcel One int theaeventTthe City approvesltheecome applicationnfor
rezoning and shall be binding upon the heirs, successors, grantees or others
taking by or through Chait.
4. Termination or Default. In the event the City approves the application
for rezoning and in the event that Chait shall elect to develop the building
on .andpincel the0ne so as event suchoparkingeisdnotronal available,nisPnotuprovidedhor iursant to tis srterninated
for any reason once granted, the occupancy permit for use of any dwelling
units in.excess of two on Parcel One shall be denied or revoked as the case
may be. In the event of any such revocation, the City and Chait agree that
the revocation shall become effective upon written notice to Chait.
5. Entire Agreement. This Agreement shall consitute the entire under-
standing between the City and Chait concerning the parking which may be
rquired on Parcel One in the event of or approval of Ne application for
rezoning of Parcel One and this Agreement shal}�inc o ate all prior discussions,
agreements, representations and underst dings he rties.
CITY OF IOWA CITY, IOWA
a J-
�,- rO
RetelvM & Approved
By The Legal Depar}meni
�-
_4A
13r
3
STATE OF IOWA )
COUNTY OF JOHNSON ss:
On this dayof 198;7, before me, the undersigned,
a Notary pubT.ic —ind for thtate o wa, personally appeared William J.
Ambrisco and Marian K. Karr, to me personally known, who being.by me duly
sworn did say that they are the Mayor and City Clerk, respectively, of the
corporation executing the within and foregoing Instrument, that the seal
affixed thereto is the seal of the corporation; that said Instrument was
'signed and sealed on behalf of the corporation by authority of its -Board of
Directors; and that the Mayor and City Clerk as officers acknowledged the
execution of the foregoing Instrument to be the voluntary act and deed of said
corporation, by it and by then voluntarily executed.
N tary Pu is in and for the State
of Iowa
STATE OF IOWA )
COUNTY OF JOHNSON ss:
On this — G2?4 1 day of 1986, before me, the
undersigned, a Notary public in an or t State of Iowa, personally appeared
Benjamin Chait, to me known to be the person named in and who executed the
foregoing Instrument, and acknowledged that he executed the same as his
voluntary act and deed.
not�u6�T-ic in of �or tte stateJ�)
of Iowa
F
ya
�9E1
U bpd
January 7, 1987
3122 Maplewood
Iowa City, Iowa 52240
i
Iowa City Parks and Recreation
Iowa City, Iowa
TO WHOM IT MAY CONCERN:
I regretfully submit my resignation, effective January 7, 1987, as'a
Iowa City Parks and Recreation Commission member. Due to unforseen
Personal and family commitments, I am unable to continue in my present
role.
I appreciate the opportunity to have served as a commission member for
Iowa City.
Siinccerrelly',
('j '
Cindy Alvarez O
/3T
01