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HomeMy WebLinkAbout1996-07-02 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, iowa, at 7:00 p.m. on the 2nd day of July, 1996, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa CiW, Iowa; at (~ich hearing the Council will consider: The designation of thirty-seven properties as Iowa City historic landmarks. 2. An ordinance amending the Zoning Chapter by rezoning the following properties located in Iowa City, Iowa, and owned by The University of Iowa to P, Public: 1 E. Park Road (RNC-20), 234 N. Madison Street (RM-44), northwest corner of Dubuque and Church Streets (RNI-44), 230 N. Clinton Street (PRM), 324 S. Madison Street (CB-2), 300 Myrtle Avenue (RS-5}, 421 Melrose Avenue (RS-5), 315 Melrose Ave- nue (RS-8), 121 Grand Avenue Court (RS- 8), 127 Grand Avenue Court (RS-8), 129 Grand Avenue Court (RS-8), and 2222 Old Highway 218 S. (I-1). 3. An ordinance amending the Zoning Chapter by amending the Conditional Zoning Agree- ment for WestPort Plaza to eliminate the requirement for a "cohesive, integrated development," and to remove the require- ment for the facades of the buildings to provide "horizontal continuity," for property located in the CC-2, Community Commer- cial zone at 855 Highway 1 West. Cop;es of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ORDINANCE NO. ORDINANCE AMENDING THE ZONING CHAP- TER BY DESIGNATING 37 PROPERTIES AS IOWA CITY HISTORIC LANDMARKS. WHEREAS, the Iowa City Historic Preserva- tion Commission has nominated 37 properties for designation as Iowa City Historic Land- marks; and WHEREAS, all nominated properties have been determined to be historically and/or archi- tecturally significant, as evidenced by their inclusion on the National Register of Historic Places; and WHEREAS, Iowa City's Historic Preservation Plan encourages the indentification and designation of individually significant buildings as Iowa Ciw Historic Landmarks to preserve these resources important to Iowa City's past; and WHEREAS, it is in the public interest to preserve historically and or architecturally significant properties; end WHEREAS, the Planning and Zoning Commis- sion and the State Historical SocieW of Iowa have reviewed said nominations and have recommended approval of the proposed desig- nations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I AMENDMENT. The following de- scribed properties are hereby rezoned to OHP, Historic Preservation Overlay Zone, and desig- nated as Iowa City Historic Landmarks, pursu- ant to Title 14, Chapter 6, "Zoning," Article J, "Overlay Zones," Section 3, "Historic Preservation Overlay Zone": Parcel 1. The south 45 feet of Lot 1 and the east 10 feet of the south 45 feet of Lot 2, Block 58, Original Town Plat. (Commonly known as the Wentz House, 219 N. Gilbert St.) Parcel 2. Lots 19 and 26 of Wa~den's Subdiwsion of the Irish Tract. (Commonly known as Rose Hill, 1415 E. Davenport St.) Parcel 3. The south 70 feet of Lot 5, Block 25, Original Town Plat. (Commonly known as the W~ndrem House, 604 Iowa Ave.) Parcel 4. The north 58 feet of Lot 8, Block 59, Original Town Plat. (Commonly known as the Wdliam Bostick House, 115 N. Gilbert St.) Parcel 5. The south 101.52 feet of Lot 8 and Ordinance No. Page 2 the south 101.52 feet of the east half of Lot 7, Block 78, Original Town Plat, (Commonly known as the Park House Hotel, 130 E. Jefferson St.) Parcel 6. The west half of Lot 6, Block 26, Original Town Plat. (Commonly known as the Original St. Mary's Rectory, 610 E. Jefferson St.) Parcel 7. The west half of Lot 6, Block 47, Original Town Plat. (Commonly known as the Henry C. Nicking House, 410 E. Market St.) Parcel 8. The north 90 feet of Lot 5, Block 8, Original Town Plat. (Commonly known as the Schindhelm-Drews House, 410 N. Lucas St.) Parcel 9. The north 49 feet of Lot 8 and the north 49 feet of the east 40 feet of Lot 7, Block 78, Original Town Plat. (Commonly known as the Franklin Printing House, 115 S. Dubuque St.) Parcel 10. Lots 7 and 8, Block 86, Original Town Plat. (Commonly known as the North Presbyterian Church (Old Brick), 26 E. Market St.) Parcel 11. Lots 1 and 2, Block 67, Original Town Plat, according to the recorded plat thereof; also the east half of Lot 3, Block 67, Original Town Plat, according to the recorded plat thereof, excepting therefrom the following: Commencing at the Northwest Corner of the east half of Lot 3, Block 67, aforesaid, thence east 10 feet, thence south 80 feet. thence west 10 feet, thence north 80 feet to the point of beginning. (Commonly known as the Union Brewery, 127-131 N. Linn St.) Parcel 12. Commencing at the southeast corner of Lot A in the subdiwsion of a portion of Oakes' First and Second Addition to Iowa City, Iowa, according to the recorded plat thereof running thence west along the north side of Court Street, 102.1 feet, thence north to the alley to a point 102.16 feet west of the northeast corner of said Lot A, thence east along said alley 102.16 feet, thence south along the east line of said Lot A to the point of beginning. (Commonly known as the Oakes- Wood House, 1142 E. Court St.) Parcel 13. Lot 5, Samuel J. Kirkwood Home- stead. (Commonly known as the Samuel Kirkwood House, 1101 Kirkwood Ave.) Parcel 14. Beginning at the center of Section 22. Township 79N, Range 6 West of the Fifth Principal Mer~dmn, Johnson County, Iowa, Ordinance No. Page 3 thence west, a distance of 292.7 feet to the center of Sand Road; thence south 28 degrees east, a distance of 622.91 feet; thence east, a distance of 645.9 feet; thence north, a dis- tance of 550 feet to the north line of the south east quarter of said Section 22; thence west, a distance of 645,65 feet to the point of begin- ning, containing 10 acres, subject to the right of way of the road. (Commonly known as the McCollister-Showers Farm, 2460 S, Gilbert St.) Parcel 15. Lots 7 and 8, Block 67, Original Town Plat. (Commonly known as St. Mary's Church and Rectory, 220 E. Jefferson St.) Parcel 16. The west 130 feet of Lot 3. Block 79, Original Town Plat. {Commonly known a~ the First Congregational Church, 30 N. Clinton St.) Parcel 17. Commencing at the northwest corner of Lot 4, Custer's Subdivision, proceed east 205 feet, then south 33 feet to the beginning, and south 300 feet, then east 100 feet, then north 300 feet, then west 100 feet to the point of beginning. {Commonly known as the Billingsley-Hills House, 629 Melrose Ave.) Parcel 18. A portion of Lot 20, Irish's Extension of the Woods Addition to Iowa City, Iowa, commencing at the Southwest Corner of Lot 20, according to the recorded plat thereof; thence north 89 degrees, 48'02" east, 200 feet along the north line of Lot 19, 5o the point of beginning, thence north 00 degrees, 05'08" west, 8.86 feet; thence north 89 degrees, 48'02" east, 103.45 feet; thence south 01 degree, 25'44" east, along an existing fence 8.87 feet; thence south 89 degrees, 48'02" west, 103.66 feet to the point of beginning. {Commonly known as the Cavanaugh House, 704 Reno St.) Parcel 19. Lots 7 and 8, Block 62, Original Town Plat. {Commonly known as Trinity Episcopal Church, 320 E. College St.) Parcel 20. Beginning at a point 110 feet south of the northeast corner of Block 66. Original Town Plat, go west 95 feet, then north 24 feet, then east 50 feet, then north 17 feet, then east 45 feet, then south 41 feet to the point of beginning. {Commonly known as the George Van Patten House, 9 S. Linn St.) Parcel 21. Lot 9, 10, and 11, Block 1. Lyons First Addition. {Commonly known as the C.D. Close House, 538 S. Gilbert St.) Parcel 22. All of Lots 3 and 4 and the north 18 feet of Lots 5 and 6 of Block, Lucas Ordinance No. Page 4, Addition. (Commonly known as the Clark House, 829 Kirkwood Ave.) Parcel 23. Commencing at the Southwest Corner of Outlot 3, Original Town Plat, according to the recorded plat thereof, thence north 1 95.5 feet, thence east 160 feet, thence south 195.5 feet to the north line of College Street, thence west 160 feat to the point of beginning; subject to right of way over the north 12 feet thereof, and further subject to easements and restrictions of record, if any. (Commonly known as the Thomas Carson House, 906 E. College St.) Parcel 24. The south half of Lot 6, Block 30, Original Town Plat, according to the recorded plat thereof. (Commonly known as the Burger House, 630 E. Fairchild St.) Parcel 25. The south 20 feet and 2 inches of the north 91 feet and 10 inches of the west 60 feet of Lot 4, Block 82, Original Town Plat. (Commonly known as the Opera House Block, 210-212 S. Clinton St.) Parcel 26. Lot 7, Block 74, Original Town Plat. (Commonly known as the Jackson- Swisher House, 120 E. Fairchild St.) Parcel 27. The west 45 feet of the east 50 feet of the north 75 feet of Lot 3, Block 37, Original Town Plat. (Commonly known as the Letovsky-Rohret House, 515 E. Davenport St.) Parcel 28. All except the east 38.5 feet of Lot 1, Block 82, Original Town Plat, according to the recorded plat thereof. (Commonly known as the College Block Building, 127 E. College St.) Parcel 29. Lot 1 and the south 20 feet of Lot 2, Grand Avenue Court Addition. {CommonIv known as the Cannon-Gay House, 320 Melrose Ave.) Parcel 30. Lot 9 in LuCon Subdivision of part of the northeast quarter of Section 16, Township 79 North, Range 6 West of the Fifth Principal Meridian, according to the recorded plat thereof. (Commonly known as the A.W. Pratt House, 503 Melrose Ave.) Parcel 31. The east 69 feet of the north 110 feet on Outlot 2, Original Town Plat. (Commonly known as the Lindsay House, 935 E. College St.) Parcel 32. The south 50 feet of Lots 4 and 5, Block 11, County Seat Addition, according to the recorded plat thereof; also the south 50 feet of the platted north to south alley within said Block 11, County Seat Addition adjacent to and coincident w.th said 50 feet of Lot 4 Ordinance No. Page 5 and Lot 5; also a portion of the platted Des Moines Street right of way, adjacenet to and coincident with the south line of said Lot 4 and Lot 5 between the east line of the platted Clinton Street right of way and the west line of the platted Dubuque Street right of way. (Commonly known as the Chicago, Rock Island, and Pacific Railroad Depot, 115 Wright St.) Parcel 33. The east 22 feet of Lot 8, Block 61, Original Town Plat. (Commonly known as the Boerner-Fry Company Building, 332 E. Washington St.) Parcel 34. The south 60 feet of Lot 4, Block 30, Original Town Plat. (Commonly known as the Czecho-Slovakian Association Hall, 524 N. Johnson St.) Parcel 35. Lot 3 and the east 20 feet of the north 74 feet of Lot 4. Block 6,5. Original Town Plat according to the recorded plat thereof. (Commonly known as the Paul-Helen Building, 207-215 E. Washington St.) Parcel 36. The north 87 feet of Lot 26, J. & J.W. Clark Addition. (Commonly known as the Summit Apartment Building, 228 S. Summit St.) Parcel 37. Lots 1 and 2, Block 67, Original Town Plat, according to the recorded plat thereof; also the east half of Lot 3, Block 67, Original Town Plot, according to the recorded plat thereof, excepting therefrom the following: Commencing at the Northwest Corner of the east half of Lot 3, Block 67, aforesaid, thence east !0 feet, thence south 80 feet, thence west 10 feet, thence north 80 feet to the point of beginning. (Commonly known as the Economy Advertising Building, 119-123 N. Linn St.) 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 cordorm to this amendment upon the final passage, approval and publication of this Ordinance as reqmred bv law. SECTION III. CERTIFICATION AND RECORD- ING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance for recordation m the Office of the Recorder, Johnson County, Iowa, upon passage and approval of this Ordinance. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. Ordinance No. Page 6 SECTION V. SEVERABILITY. If an,/ 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 unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK Iowa City Historic Preservation .... ' " ~ ~ %', ~ 410 E. Washington St. ~// r .... MEMORANDUM Date: July 2, 1996 To: City Council From: Historic Preservation Commission Re: Nomination of the First Series of Iowa City Historic Landmarks BACKGROUND The Iowa C~ty Historic Preservation Commission has begun the process of designating the first series of Iowa City historic landmarks. Properties proposed to be included in the first series include those properties within Iowa City that are already listed on the National Register of Historic Places, but are not located within designated historic districts. A total of 37 properties are being nominated as part of the first series, as shown in Table 1. More detail on each of the proposed historic landmarks is also provided in this report. At its special meeting on March 30, 1996, the Historic Preservation Commission, on a vote of 8-0, nominated all 37 properties for designation as Iowa City historic landmarks. The proposed landmarks have been reviewed by the Planning and Zoning Commission, which voted 6-0 at its May 16 meeting to recommend approval of the designations. The actual designation of the properties as historic landmarks is the responsibility of the City Council. The nominated properties include a range of building types and architectural styles, and date from the mid-184Os to the early 1920s. The nominated properties include residential, com- mercml, and institutional buildings. The historical importance of the properties under consider- ation has already been established, as evidenced by their inclusion on the National Register of H~storic Places. The process for listing a building on the National Register involves exten- sive review at the local, state, and federal levels, and requires that a property owner docu- ment the historical significance of the structure being considered (nominations submitted prior to the City's certification as a Certified Local Government in 1987 did not require review at the local level). The historical significance of a building must meet certain criteria before it is accepted on the National Register. In general, a building must be associated with events that have made a significant contribution to the broad patterns of our history or with the lives of persons significant in our past, must represent the work of a master or distinctive charac- teristics of a type, period, or method of construction, or must have yielded or may be likely to yield information important in prehistory or history. All of the properties being nominated 2 as the first series of Iowa City historic landmarks have been accepted on the National Register and, thus, meet one or more of the above criteria. While the current series of historic landmarks being proposed are all listed on the National Register, the City's historic preservation regulations do not require this as a prerequisite for local landmark designation. There are many historically important buildings in Iowa City that are not listed on the National Register. It is anticipated that many of these buildings will be considered for designation in the future. The landmark designations are also not limited to buildings, but may include objects, archaeological sites, or elements of landscape architecture of historical significance. As an example, the stone obelisk marking the southeast corner of the 1839 original town plat at the corner of Summit and Court Streets is a potential historic landmark candidate. To be nominated for designation as an Iowa City historic landmark, a structure or site must meet minimum criteria establishing its historical significance, importance or value. More specifically, the landmark must: Be significant to American history, architecture, archaeology and culture or Iowa City history, architecture, archaeology and culture; or Possess integrity of location, design, setting, materials and workership; or Be associated with events that have made a significant contribution to the broad patterns of our history; or D. Be associated with the lives of persons significant in our past; or Embody the distinctive characteristics of a type, period, or method of construction; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction; or F. Have yielded or be likely to yield information important in prehistory or history. Listing on the National Register does provide recognition and increases public awareness of historic properties, but it provides minimal protection for the properties from demolition or unsympathetic alterations that may destroy or permanently mask important architectural features or the historical significance of a structure. No review of alterations to National Register properties is required unless federal funding or permitting is involved, or unless the property owner makes use of federal tax incentives that are available in a limited number of situations. If the nominated properties are designated as historic landmarks, exterior alter- at~ons to the properties that require a regulated permit, such as a building permit or a demoli- tion permit, will be subject to design review approval by the Historic Preservation Commission, as properties within designated historic distr~cts are currently regulated. The Commission applies the Secretary of the Interior's Standards for Rehabilitation when reviewing proposed alterations to designated properties - nationally accepted standards for the rehabilitation of historic structures. The Standards place a priority on maintaining the original architectural features and materials on a historic building, but recognize that there are situations where replacement or removal of some features and materials are necessary. The Standards also encourage new additions to historic buildings to be compatible with the architecture of the original building without mimicking the original budding too closely, creating a false sense of h~story. In applying these standards to properties within the City's 3 historic districts, the Commission has been able to work with property owners to come up with acceptable solutions when conflicts with the Standards are identified, as evidenced by the fact that the Commission has not yet denied an application for a certificate of appropriate- ness or had one of its decisions appealed tothe City Council, yet the historical integrity of the City's historic districts has not been compromised. In addition to the honor of having a building recognized as being significant to Iowa City's history, owners of designated landmarks will be eligible to display a plaque on their historic properties recognizing them as Iowa City historic landmarks. A bulk purchase arrangement that the Commission has reached with Friends of Historic Preservation will make these p~aques available to property owners at a lower cost than if purchased individually. The Commission may soon be investigating possible code amendments that would allow certain provisions of the City's building and zoning regulations to be relaxed or waived for historic properties, such as parking or setback requirements, when such regulations are difficult to meet on historic properties. The Commission has also been working with the Johnson County Historic Preservation Commission to persuade the Board of Supervisors to enact a property tax exemption program for designated historic properties to assist in the rehabilitation of designated historic structures. The property tax exemption is provided for by State law, but has not yet been enacted by Johnson County. Table 1 includes a list of the 37 properties being nominated for designation as Iowa City historic landmarks. The approximate construction dates and building styles shown in Table 1 were derived from the individual National Register nomination forms for the subject proper- ties, and from Nineteenth Century Home Architecture of Iowa City, by Margaret Keyes. Nominated properties are listed chronologically by their known or estimated date of construc- tion. More detailed information regarding a specific property is available in the Commission's files. IOWA CITY HISTORIC LANDMARKS - AN OVERVIEW The buildings being considered for designation as historic landmarks cover a broad range of Iowa City's history, from the mid- 1840s to the early 1920s. The architectural design periods of the proposed landmarks can generally be divided into several segments representing different periods of town development. The Victorian Age in American architecture was the greatest era of construction combining handcraft and mechanical building methods allowing more flexibility of plan. Because of the volume of houses built, many communities like Iowa City owe much of their early character to structures like those being proposed for landmark designation. Some of the earliest homes are of the Greek Revival style, exhibiting a classical gable roof with wide eaves, cornice returns and trim, and, often, sidelights and transom windows around the main entry. (Examples: Wentz House, Bostick House) Other early houses have colonial characteristics such as end chimneys and a central doorway flanked by symmetrical windows. (Windtern House, Nicking House) Gothic Revival, the next style, showed vertical emphasis with a steeply pitched roof and doorways and windows with pointed arches. The advent of the steam-powered scroll saw allowed fanciful and decorative trim. (Trinity Church, Jackson-Swisher House) TABLE 1. Iowa City Histodc Landmarks. First Series. entz House ose Hill -~lWindrem House 41William Bostick House $~Park House Hotel 61St. Mary's Rectory (o~g) 7 Henry C. Nicking House 8 Schindhelm Drews House cj Franklin Printing House 10 Old Brick (N Pres Chumh) 11 Union Brewenj 12 Oakes-Wood House 13 Samuel Kirkwood House 14 McColllster-Showers Farm '15 St. Mary's Church &Rect. 16 First Congregational Church 17 Billlngsley. Hills House 18 Cavanaugh House 19 Trinity Episcopal Church 20 George Van Patten House 21 C.D. Close House 22 Clark House 23 Thomas Carson House 24 Burger House 26 Opera House Block 26 Jackson-Swisher House 27 Letovsky-Rohret House 28 College Block Building 29 Cannon-Gay House 30 A.W. Pratt House 3t Lindsay House 32 Chi Rock Isl. & Pac RR Dep 33 Boemer-Fry Co Building 34 Czecho Slovak Assoc Hall 351Paul-Helen Building 36 Summit Apartment Bldg. 37 Economy Advertising 'Address 219 N Gilbett 1415 E Davenport 604 Iowa 115 N Gilbert 130 E Jefferson 610 E Jefferson 410 E Market 410 N Lucas 115 $ Dubuque 26 E Market 127.131 N Linn 1142 E Court 1101 Kirkwood 2460 S Gilbert 220 E Jefferson 30 N Clinton 629 Melrose 704 Reno 320 E College 9 S Linn 538 S Gilbert 829 Kirkwood 906 E College 630 E Fairchild 210-212 S Clinton 120 E Fairchild 515 E Davenport 127 E College 320 Melrose 503 Melrose 935 E College 115 Wdght 332 E Washington 524 N Johnson 207-215 E Washington 228 S Summit 119-123 N Linn Building Dat~e~LB uildin~,~t~e ~-~4f~ --~-~--~r~ek Revi~;~i 1849 ca. 1850 1851 1852 1854 ca. 1854 1855 1856 1856 1856.7 1858 . 1864 ' 1864 1867 1869 1870 1870 1871 1873 1874 1874 1875 1875 1875-8 1877 1881 1883 1884 1885 1893 1898 1900 19O0 1910 1914 1923 Greek Revival Vernacular Greek Revival Greek Revival Vernacular Greek Revival Romanesque Revival Italianate Italianate Anglo-ltalianate Anglo-ltalianate Gothic Revival Gothic Revival Greek Rev./Italianate Gothic Revival Gothic Revival Victorian eclectic Italianate Victorian/Ital. Second Empire Anglo-ltalianate Second Empire Gothic Revival Greek Revival italianate Italianate Italianate Queen Anne Victorian eclectic Anglo-italianate Colonial Revival Commercial Bdck Prairie/Sullivan elem. Commercial Brick CIIT¥ OF' ~OWA CIIT¥ 1HI ST©RI C LANDMARK L©CAT~ ON MLJI N IWELROSE AVE. AREA NAPOLEON PARK AREA 6 The Italianate style proved to be one of the lasting styles of the 19th century. Houses of this style were characterized by ornate double doors and tall windows commonly crowned or arched. The roof had heavy bracketed eaves and pronounced moldings and detail. (Oakes-Wood House, C.D. Close House, College Block Building) In true Victorian fashion the next style, Second Empire, took its ideas from the skyline of Napoleon II's Paris. Fostered by a post-Civil War boom, these elegant houses had double- pitched mansard roofs, prominent cornices with brackets, and projecting front entrances. (Carson House, Opera House Block) The Queen Anne style had nothing to do with the English queen sharing the same name. The style emphasized human scale and domestic comfort. The exteriors showed a great variety of materials and textures in brick, terra cotta, and patterned shingles. The asymmetric silhouette had projecting bay windows, verandas, sleeping porches, and even rounded towers that added to the irregular roof line. (Lindsay House) The Romanesque Revival was more likely to be used on public and commercial buildings. This style has heavy structure of masonry walls with round-topped arches over windows, porch supports, and entrances. (Old Brick) Colonial Revival appeared with the centennial celebration and tried to imitate the 18th century styles updated with new technology and taste. (Czecho-Slovakian Association Hall) The last style represented, Prairie, is a modern style emphasizing horizontal lines often with a stucco surface and massive square porch supports and window rows. This truly American style originated in Chicago with Louis Sullivan and a creative group of young architects like Frank Lloyd Wright. (Summit Apartment Building) The architecture of these structures represents many ethnic and cultural groups that partici- pated in the early growth of Iowa City. These characteristics mirror the major architectural styles of the 1 9th century and leave a legacy to those who live and will live in Iowa City. Very few houses or commercial buildings are pure examples of a specific style but combine the characteristics of several styles. These structures show the imagination of past builders and owners and add to the charm that is Iowa City. City of iowa City MEMORANDUM Date: To: From: Re: July 2, 1996 City Council Scott Kugler, Associate Planner Historic Landmark Designation of the Park House Hotel. At its July 2 meeting, the City Council will be holding a public hearing to discuss the proposed designation of the first series of Iowa City historic landmarks. One of the 37 properties being considered for designation is the Park House Hotel at 130 E. Jefferson St. As the Council is well aware, the City has declared the building to be a dangerous building and has ordered its repair or demolition. This has raised some questions about the effect that historic landmark designation would have on the fate of this historically significant building. This issue should be clarified prior to the Council's consideration of the proposed designations. City Code Chapter 4, Article C, Historic Preservation Regulations, contains a section ,. pertaining to this very issue (see attached). If the Park House Hotel was already designated as a historic landmark and the City found the building to be dangerous to life, health or property, the Historic Preservation Commission would have been given 30 days notice of the order to repair or demolish in order to attempt to achieve a preservation solution addressing the dangerous conditions. If an acceptable solution could not be reached, the City could proceed with its order to remedy the dangerous conditions. Because the building has not yet been designated as a historic landmark, there was no requirement to notify the Commission prior to the issuance of the order. However, the Commission was notified prior to the issuance of the order, and has forwarded information to the property owners to make them aware of various grant and loan programs that may be available in this situation. I also understand that the June 25 deadline to remedy the dangerous conditions has been appealed, and that the Board of Appeals will likely extend the deadline to allow the property owner time to fully evaluate the structure and decide how to proceed. The Commission is hopeful that this very important building can be saved from demolition, but if the dangerous conditions are not addressed, the life, health and safety issues take precedence, regardless of whether or not the building is designated as a historic landmark. 14-4C-7 applications and no other changes in appearance. It shall be the duty of the Building Official or designee to in- spect, from time to time, any work pergormed pursuant to such a certifi- cate to ensure compliance with the requirements of such certificate. If Jt is found that such work is not being carried out in accordance with the certificate, the Building Official shall issue a stop work order. Any change in appearance at variance.with that authorized by the certificat~ shall be deemed a violation of these regula- tions. (Ord. 95-3691, 9-12-95) 14-4C-8: REMEDY OF DANGEROUS CONDITIONS:: Except for emergencies as determined by the Building Official pursuant to the ordinances of the City, City enforce- ment agencies and departments shall give the Historic Preservation Com- mission at least thirty (30) days' notice of any proposed order for remedying conditions determined to be danger- ous to life, health or property which may affect the exterior features of any building. The Commission shall have the power to require that changes or alterations not adversely affect the exterior fea- tures of a building in cases where the danger to life, health or property may be abated without detracting from the exterior features of the building. In such cases, it shall be the responsibil- ity of the Commission and the City enforcement agency or department to cooperate with the property owner in an attempt to achieve a preservation solution whereby the dangerous con- 14-4C-10 ditions will be corrected with minimal adverse impact on exterior features. Such plan shall be approved by the Commission and shall be signed by tile chair of the Commission, the prop- erty owner and the head of the City enforcement agency or department. If a solution acceptable tolthe Com- mission, the City enforcement agency or department and the property owner cannot be reached within thirty (30) days or a period of time acceptable to the City enforcement agency or de- partment, the agency or department shall proceed to issue and enforce its proposed order. (Ord. 95-3691, 9-12-95) 14-4C-9: COMPLIANCE WITH ZONING REGULATIONS: Any new build- ing shall conform to all setback require- ments of the zone in which it is to be built or moved~ unless in the case of a conserva- tion district the conservation district ordi- nance provides for alternative requirements. However, if a building has been damaged or destroyed due to fire, explosion, act of God or other natural disasters, it may be placed upon its original foundation or the sits of the original foundation regardless of the extent of damages, provided it is recon- structed as near as possible to the original exterior design3. (Ord. 95-3691, 9-12-95) 14-4C-10: PENALTIES: Any violation of this Article shall be considered a simple misdemeanor or Municipal infraction or environmental infraction as provided for in Title 1, Chapter 4 of the City Code. (Oral. 95-3691, 9-12-95) 1. See also Section 14-5F-3 of this Title. 2. See Section 14-6Q.4 of this Title. 3. See Chapter 6, Article T of this Title for restoration of nonc0nforrnmg structures. 1095 Iowa City City of Iowa City MEMORANDUM Date; To; From: Re: May 2, 1996 Planning and Zoning Commission Scott Kugler, Associate Planner Proposed Iowa City Historic Landmark Designations Based on some of the discussion at Mortday's informal meeting, it appears that some clarification of the Commission's role in the review of the proposed historic landmark design.ations is necessary. A copy of City Code Section 14.4C-6B, requiring the Planning and Zoning Commission's review of a proposed historic landmark designation, is attached. This section explains that the Commission is to submit its recommendation with respect to the relation of the proposed designations to the Comprehensive Plan, the Zoning Ordinance, proposed public improvements, and other plans for the renewal of the area involved. The assessment of the historical significance of the buildings and whether it is appropriate to protect them under the historic preservation regulations appears to be the responsibility of the Historic Preservation Commission and City Council. Comprehensive Plan: The Iowa City Historic Preservation Plan was adopted in 1992 and incorporated as part of the Comprehensive Plan. The Preservation Plan encourages the designation and protection of individual properties with historical significance as local landmarks. The adoption of the ordinance enabling the designation of individual landmarks, which occurred in September, 1995, was a result of a recommendation ~:ontained in the Preservation Plan. Zoning Ordinance: Staff is unaware of any conflict that the proposed designations would have with the standards and regulations contained in the Zoning Ordinance. The landmark designation is technically an overlay zone that is applied to each individual property. The underlying zoning requirements of the zo'ne in which each property is located will remain the same. The Historic Preservation Commission is contemplating proposing amendments to the zoning ordinance at some point in the future that would allow certain regulations, such as parking requirements, to be reduced with City approval, in order to make historic landmarks conducive to adaptive reuse. If proposed, those amendments will require a review and ~ecommendation by the Planning and Zoning Commission. proposed Public Improvements/Other Plans for Renewal of the Areas Involved: Staff is unaware of any plans for public improvements or renewal that would be affected by the proposed designations. The impact of the Melrose Avenue reconstruction on historic properties has already been reviewed and no negative impacts were identified. Although some improvements to S. Gilbert Street, south of Highway 6, may be necessary as that area of the City develops, the McCollister~Showers farm sits well back from the roadway and no impact by a reconstruction project along Gilbert Street is anticipated. The JCCOG Transportation Planning Division has reviewed the proposed designations and has found no conflicts with any proposed roadway improvement projects. One property, the Chicago Rock Island and Pacific Railroad Depot, lies within the Near Southside Design Plan boundaries. However, the plan calls for the preservation of the structure as a focal point within one of the districts identified in the plan. Protecting the Depot would be a positive step toward the implementation of both the Historic Preservation Plan and the Near Southside Design Plan. At Mortday's informal meeting, the Commission felt that it might be ready to vote on the proposed designations at tonight's formal meeting. However, comments have not yet been received from the State Historical Society of Iowa. The historic preservation regulations require a report from the State prior to a recommendation by the Planning and Zoning Commission. Staff anticipates comments from the State prior to the May 16 meeting, and recommends that this item be deferred until that time. 14-4C-6 14-4C-6 If, after the public hearing, the Com- mission decides to recommend the landmark for designation, the Com- mission shall submit its report to the Plan and Zoning Commission and shall include a proposed ordinance designating the landmark including a description thereof. 2. A copy of the report shall also be submitted to the State Historical Soci* ety of Iowa or its successor for review and recommendations concerning the proposed area. Comments from the State Historical Society or its succes- sor regarding the proposed area or historic landmark shall be received by the City prior to the date of any action taken by the Plan and Zoning Com- mission. Plan and Zoning Commission Recom- mendations: Within sixty (60) days of receiving the report and the proposed ordinance from the Commission and recommendations from the State His~ torical Society of Iowa or its succes- sor, the Plan and Zoning Commission shall submit its recommendations to the City Council with respect to the relation of such conservation district, historic district or landmark designa- tion to the Comprehensive Plan, Zon- ing Ordinance~, proposed public im- provements and other plans for the renewal of the area involved. The Plan and Zoning Commission shall recom- mend approval, disapproval or modifi- cation of the proposed conservation district, historic district or historic landmark. The Historic Preservation Commission shall be advised of any modifications to the proposed historic district recommended which are rec- ommended to the City Council by the Plan and Zoning Commission. City Council Review: If the area of the proposed conservation district, historic district or historic landmark designa- tion as approved by the Historic Pres- ervation Commission is altered by the Plan and Zoning Commission, the City Council shall submit a description of the altered proposed area or the peti- tion describing the area or the pro- posed historic landmark designation to the State Historical Society of Iowa or its successor for review and recom- mendations concerning the altered proposed area or altered proposed historic landmark designation. State Recommendations: The recom- mendations from the State Historical Society of Iowa or its successor con- cerning the proposed area or altered proposed area or the proposed or altered proposed historic landmark designation shall be received by the City prior to setting a public hearing conducted by the City Council on an ordinance establishing a conservation district, an historic district or designat- ing an historic landmark. Any recom- mendations made by the State Histori- cal Society of Iowa or its successor shall be made available by the City to the public for viewing during normal working hours at a City government place of public access. Public Hearing: After receiving the recommendations of the State Histori- cal Society of Iowa or its successor on the proposed area and/or altered proposed area or the proposed or altered proposed historic landmark designation, the City Council shall provide notice of public hearing, as provided by law, and conduct a public hearing on the ordinance establishing a conservation district, an historic 1. See Chapter 6 of th~s Title. 1095 Iowa City State Historical Sodety of Iowa The Historical Division of the Department of Cultural Affairs May 14, 1996 Mr. Scott Kugler, Associate Planner City of Iowa City 410 East Washington Street iowa City IA 52240-18426 Re: Proposed Iowa City Historic Landmark Designations Dear Scott: Thank you for furnishing the State with a copy of the nomination for Iowa City's first series of historic landmark designations. The review was undertaken by Ralph Christian, architectural historian, and myself. This letter of review, comment and conditional approval is being sent to facilitate the designation process. It is our understanding that Iowa City will furnish the State with an opportunity to review and comment on the proposed ordinance for designating the thirty-seven properties prior to its approval by City Council. The nomination indicates that the 37 properties under consideration are all currently listed on the National Register of Historic Places. However, the nomination does not define the boundaries of each property nor does it indicate if any ancillary buildings, structures, objects or archaeological sites are to be included in the historic landmark designations. Clear boundary definitions and listing of designated elements on the property is essential for future design reviews of the designated properties. As indicated by the National Register nominations for several of the properties, not only the primary building but other buildings or landscape features were included as part of the nominated property. We would encourage Iowa City to recognize these and include them in the local landmark designations. We look forward to receiving a copy of the ordinance designating these properties. you have questions or need additional information, please do not hesitate to contact me at 515/281-6826. If Sincerely, _ Kerry C. McGrath Local Governments Coordinator cc: Ralph Christian, State Historical Society of Iowa 402 Iowa Avenue Iowa City, Iowa 52240-1806 (319) 335-3916 600 E. Locust Des Moines, Iowa 50319-0290 (515) 281-6412 [] Montauk Box 372 Clermont, Iowa 52135-0372 (319) 423-7173 June 3,1996 CITY OF 10 WA CITY Kerry McGrath Local Governments Coordinator State Historical Society of Iowa 600 E. Locust Des Moines, Iowa 50319 Re: Proposed ordinance designating the first series of Iowa City historic landmarks. Dear Kerry: Thank you for your letter of May 14 with comments about the report on the proposed designation of the first series of Iowa City Historic Landmarks. Enclosed please find a copy of the proposed ordinance to designate the properties for your review. Your earlier review of the proposed designations indicated that the ordinance should clearly define what is being designated. The proposed ordinance includes a legal description for each property on which the landmarks are located. If the ordinance is passed, each designated property would become a Historic Preservation Overlay zone. If designated as a historic landmark, any development activity that is proposed on the property-that requires a regulated permit (ie, building permit, house mover's permit, demolition permit, etc.) would require review and approval by the Historic Preservation Commission. This would include proposed alterations or demolitions to any existing accessory building, and the construction of any new accessory buildings. This should address your concern about situations where important accessory buildings exist on a property, some ~ncluded in the National Register nominations. Two examples include the Jackson-Swisher House at 120 E. Fairchild, and the McCollister-Showers Farm at 2460 S. Gilbert St., both of which are listed on the National Register along with outbuildings that are located on their respective lots. The ordinance would also allow the Commission to review new construction of garages and other outbuildings to ensure that the design and materials of the new structure will be in harmony with the historic property. Since the design review provisions of Iowa C~ty's ordinance is triggered by the need for a permit, features such as landscape elements may not fall under the purview of the Commission. If alterations to these types of features are part of a larger project that requires a permit, however, the Commission would take them into account during its review. 410 EAST WASHINOT*OH STEEET · IOWA CITY. IOYfA $]]40.1526 · (~19) J~6.~000 · FAX (Jl$I The Iowa City City Council is scheduling a public hearing on the proposed designations for July 2, 1996. Your response prior to that date would be much appreciated. If you have any questions or need more information, please feel free to call me at (319) 356-5243. Sincerely, Scott Kugler Associate Pla'nner Enc, State Historical Sodety of Iowa · ,~ The Historical Division of the Department of Cultural Affairs June 18, 1996 Mr. Scott Kugler Associate Planner City of Iowa City 410 East Washington Sts~et Iowa City IA 52240-1826 Re: Proposed ordinance designating the first series of Iowa City historic landmarks. Dear Scott: Thank you for your letter of June 3, 1996, conveying a copy of Iowa City's proposed ordinance designating the first series of thirty-seven historic landmarks. Your letter addressed concerns which I had raised in previous correspondence. The State has now reviewed both the nominations and the ordinance designating the thirty-seven historic lanthnarks and found both to be satisfactory. A final cornmere, although the City has no regulatory authority over landscape features, I encourage the City through staff, the historic preservation commission, and/or Friends to inform owners of the presence of significant landscape features on some of these properties and to encourage through technical assistance and education the preservation of these features. I appreciate the opportunity to review and comment on the many fine efforts undertaken by Iowa City in preserving their historic properties. If I can be of further assistance, please contact me at 515/281-6826. Sincerely, Kerry C. McGrath Local Governments Coordinator CO: Ms. Patricia Ohlerking, Deputy SHPO - State Historical Society of Iowa Mr. Ralph Christian, Arehitecmral Historian - State Historical Society of Iowa 402 Iowa Avenue Iowa City, Iowa 52240-1806 (319) 335-3916 600 E. Locust Des Moines, Iowa 50319-0290 {515) 281-6412 Montauk Box 372 Clermont, Iowa 52135-0372 (319) 423-7173 'l'he following materials regarding this item were submitted by neighboring property owners or other interested persons. NEUZIL & SANDERSON ~,r'roa~vs ,~r t. AW 119 WRIGHT STRL~T P.O. BOX 1607 IOWA CITY. IOWA 5Z244 December 4, 1995 Mr. Douglas S. Russell Chairperson Iowa City Historical Preservation Commission 410 E. Washington Street Iowa City, Iowa 52240 RE: Proposed I-fistoric Landmark Ordinances Dear Doug: I received your form letter concerning proposed ordinances which would allow for local historic landmark and for a Certificate of Appropriateness for exterior remodeling to be issued by the Preservation Commission as pan of the permit process. I have always been committed to historic preservation and Ralph and I have invested a lot of time, money and effort in the Iowa City Depot. We do not feel that we have done anything to the depot which we are not proud of. As you are probably aware, we have completed enclosing the breezeway on the depot and this project has given me enough concern about the proposed ordinance to write this letter. Specifically, we received a letter from the State preservation architect which basically said that she was disappointed that we did not use the option which she liked the best for the enclosure of the breezeway. I am enclosing a copy of the letter Milch ! sent to her in response to this letter, as it appears that her letter was forwarded to the Preservation Commission as well. The specific concern I have about the proposed ordinance is the extent of the Preservation Commission's discretion in issuing the certificate. I did talk briefly to Scott Kugler to see whether or not he thought that our last project would have received a Certificate of Appropriateness. There probably is no way of finding out whether or not one would have received it, but if I can assume that we would not have received one based on the State preservation architect's opinion of the project, then I am concerned. If it is possible for people with good intentions and no financial stake in a property to impose what they consider to be the perfect way of doing a project on the owners of buildings, then I think it would be more appropriate for the City to purchase the properties and have them restored to their own specifications, rather than expecting private people to have to do it in that fashion. I do hope that if such an ordinance is passed, the City staff and the people reviewing the applications as well as the Commission would keep an open mind towards a project and in¢orp0rate what is possible rather than what might be perfect. Historic preservation takes time, labor and too much money for it to work. A plaque is nice, we have two on the wall now, but plaques do not help pay bills. I would guess that we would not be getting a third plaque for this last project, judging f~om the tone of the State architect's letter. Some tax relieg parking relief and such other changes in some ordinances could be ofhalp for specific projects and I certainly hope that the CommissiOn will follow up on those possibilities. I ~]so hope that the Comm~on will continue to seek to advise property owners and not necessarily to impose on them. ! have no objections to having the depot designated as a local landmark. If our breezeway proj~ would not have received a Certificate o£Appropriateness, then I guess ! am concerned about the direction which the Preservation Commission is headed and would encourage a careful thought about the fi~ture directions. I would be happy to have you or other members of the Commission view the building and the enclosure of the breezeway, flit would help to clarify anything which I have said in this letter or the letter to 1udy McClure. Very truly yours, Dale Sanderson Attorney at Law DS:sk. Enclosures 120 East Fairchild Street Iowa City, Iowa 52265 March 3, 1996 Iowa City Historic Preservation Commission Attn: Douglas S. Russell, Chair 410 East Washington Street Iowa City, Iowa 52240 Dear Doug: In order to follow up on our recent telephone conversation, we would like the property, which is our home, at 120 East Fairchild Street to be included in the first group of Iowa City historic landmark designations. The house and carriage house were listed several years ago on the National Register of Historic Places by the Department of the Interior. The property was purchased in approximately 1924 from Stephen and Nell Custer Swtsher and transferred to Mr. and Mrs. C.W. Keyser (Betty's parents). It was used as rental until 1946 when the Keysers moved from 128FFairchild to 120 Fairchild. After their deaths in 1966, the property was inherited by their daughter Elizabeth. Two years later she and her husband moved in and have occupied the house since then. A picture of the house, taken before 1930, and description of the "Jackson-Swtsher-Keyser" house appear on pages 50~51-5~ of Margaret Keyes edition of "Nineteenth Century Home Architecture of Iowa City". We will be unable to attend the March 12th meeting of the Historical Preservation Co~mtsslon but would like to be kept informed of the activities of the Commission. Sincerely yours, Elizabeth A. Means Duane E. Means Douglas S. Iowa City Iowa City, Russell, Historic Iowa March 30, Chairman Preservation Commission 1996 RE: Public Hearing regarding proposed Iowa City Historic Landmark Designations Dear Mr. Russell: It was a nice spring day such as today that a young man from a university in southern Illinois checked into the Davis Hotel and.then walked over to the Universi~y of Iowa baseball field. After the game he phoned in his report on the game This young man was given the same room each time he came to Iowa City to watch the ball games. The hotel' manager was Francis Beecher. Francis can not remember whether Dutch ever met George Gallup and other people who made a name in history and lived in the Davis Hotel. We lost track of Dutch when he went to Des Moines to become a radio announcer. Because of these gentlemen and other activities in the . building we presented the structure to the National Register~ and we received their nomination. There is an inner satisfaction in knowing that this building has a historic designation. But the main reason for this designation was to keep the city, the county and the state from demolition for the "good" of the general public. Currently, the City of Iowa City can not include.this building in any so called improvements. The building is protected from the City by the Federal Government. Urban renewal number one did not have all historic buildings on the ground before the City proposed urban renewal number two on South Gilbert St. and historic structures on Iowa Avenue between Linn and Gilbert Sts. were torn down for municipal parking. The Davis Building owners set out to protect their building and the Historic Register was the solution. There is no way that the owners of the Davis Building want to have the City of Iowa City put any more restrictions on this building or any other buildings we own in Iowa City. we ask that you remove the Boerner-Fry Co. Building this proposal. Silly .... ~uce R. Glasgo , )~ Bu~l~ing v834 No: Johnson [/ Iowa City, Iowa 52~45 from Partner :'F!".': Ii ll' FRIENDS OF HISTORIC PRESERVATION P.O. Box 2001, Iowa City, Iowa 52244 May 1996 Planning and Zoning Commission 410E. Washington Iowa City, IA 52240 Dear Commissioners: The Board of Friends of Historic Preservation is happy to offer its support to the Local Landmarks ordinance that has been proposed by the Iowa City Historic Preservation Commis- sion° This proposal seems especially appropriate in this, our Sesquicentennial year. It is appalling how few remnants of our City's proud history are surviving into the 21st century. The properties that have been selected by the HPC are on the National Register of His- toric Places--the work has been done to prove that these are indeed valuable and important structures. Surely our City should also honor them and protect them~ and preserve them for our current and future citizens. Recently, the students at Weber Elementary built a shoebox city of old Iowa City. They researched the history of many of our downtown buildings and other landmarks on campus and near downtown. They saw how buildings have changed, and they saw what buildings have been lost, and they saw what buildings can contribute when they are cared for with love and pride. One can't help but wonder what the next generation of students will find when they, too, try to recreate old Iowa City. We believe that a Local Landmarks ordinance will help draw attention to many of these fine buildings and give them the protection they need. Sincerely, Paula Brandt~ for the Board of FHP MEARDON, SUEPPEL, DOWNER ~ HAYES P.L.C. LAWYERS May 1, 1996 Mr. Tom Scott Chair, Plannin9 and Zoning Commission Iowa City Civic Center Iowa City, IA 52240 Re: Iowa City Historic Landmarks 1142 E Court Street Dear Tom: I am writing to let you know of my strong support for the recommen- dation to the Iowa City Planning and Zoning Commission by the Historic Preservation Commission that 37 Iowa City properties be designated as historic landmarks. I am owner of Property No. 12 on the list, the Oakes-Wood house at 1142 East Court Street. The house was built by Nicholas Oakes, an Iowa City brick maker, in 1858, and was the home and studio for Iowa artist Grant Wood from 1935 until his death in 1942. The Oakes family contributed mightily to the fiber of the Iowa City community for several generations. The contributions of Grant Wood are legendary. Dr. Pauline Moore a well-known Iowa City physician, purchased the home from the Grant Wood estate, and I in turn purchased from Pauline in 1975. Properties such as the 37 which have been recommended to the Planning and Zoning Commission for special designation, must be preserved for all ages and future generations to cherish and enjoy. Each of the 37 properties recommended for designation as historic landmarks tells an important part of the history of our neighbor- hoods, our community, our state and our nation. We should be ever mindful and ever vigilant to preserve and share these important places in history. At times it seems as though we have not been strong enough and concerned enough in our preservation effort, as beautiful and historic old homes are razed and neighborhoods are dotted by generic 12 unit apartment buildings erected in their place. Mr. Tom Scott Page 2 May 1, 1996 Your effort in protecting Iowa City's history through designation of the 37 properties as recommended by the Historic Preservation Commission will be a giant and progressive step forward. I ask that you vote in favor of this recommendation. With kindest regards, I am JPH/cac Very truly yours, m~es'P. Hayes SUMMIT STREET APARTMENT COOPERATIVE 228 S. SUMMIT STREET 10WA CITY, IA 52240 May 2, 1996 Iowa City Planning & Zoning Commission 410 E. Washington St. Iowa City, IA 52240 Dear Commission Members: The Summit Street Apartment Cooperative is pleased that our building has been included in the first series of Iowa City historic landmarks as proposed by the Historic Preservation Commission. We feel that the designation and protection of Iowa City's historic resources is vital to the preservation of the character of the community. Construction on The Summit, Iowa City's first apartment building, began in 1914. When the building was finished in 1916, it was considered to be the deluxe apartments in Iowa City. The beautiful woodwork, interior vacuum system and murphy beds attracted many notables, including Irving Weber who resided in the building shortly after his marriage in 1926. The building has been an owner-occupied cooperative since 1947 and was the first one in the State of Iowa. We feel the building is very important to Iowa City's history and would be honored to display the plaque signifying the City Landmark status. Sincerely, President hristopher Matrison Secretary Jo~ohn~ordell Vice-President AI Buck Treasurer 629 Melrose Avenue Iowa City, Iowa 52246 May 3,1996 Iowa City Planning And Zoning Commission 410 East Washington Street Iowa City, IA 52240 Dear Commissioners: We are writing in support of the Historic Preservation Commission's recommendation nominating 37 properties for designation as Iowa City landmarks. As owners of one of the designated properties, we share the Historic Preservation Commission's goal of protecting and preserving our historic legacy. We believe that any action that makes the general public more aware of historically significant buildings should be encore'aged, and we therefore urge you to adopt the landmark designations. Truly yours, Michaelanne Widness ffnA.Widness Iowa City Historic Landmarks - First Series - July 1996 'I IOWA CITY HISTORIC LANDMARKS - FIRST SERIES - prepared by THE IOWA CITY HISTORIC PRESERVATION COMMISSION Members: Douglas S. Russell, Chair Michael Pugh, Vice-Chair Betty Kelly Ruedi Kuenzli Susan Licht Dods Malkmus John Shaw Ginalie Swaim Staff: Scott Kugler, Associate Planner James Erwin, Planning Intern July 2, 1996 ~E~ORANDUM Date: July 2, 1996 To: City Council From: Historic Preservation Commission Re: Nomination of the First Series of Iowa City Historic Landmarks BACKGROUND The Iowa City Historic Preservation Commission has begun the process of designating the first series of Iowa City historic landmarks. Properties proposed to be included in the first series include those properties within Iowa City that are already listed on the National Register of Historic Places, but are not located within designated historic districts. A total of 37 properties are being nominated as part of the first series, as shown in Table 1. More detail on each of the proposed historic landmarks is also provided in this report. At its special meeting on March 30, 1996, the Historic Preservation Commission, on a vote of 8-0, nominated-all 37 properties for designation as Iowa City historic landmarks. The proposed landmarks have been reviewed by the Planning and Zoning Commission, which voted 6-0 at its May 16 meeting to recommend approval of the designations. The actual designation of the properties as historic landmarks is the responsibility of the City Council. The nominated properties include a range of building types and architectural styles, and date from the mid- 1840s to the early 1920s. The nominated properties include residential, com- mercial, and institutional buildings. The historical importance of the properties under consider- ation has already been established, as evidenced by their inclusion on the National Register of Historic Places. The process for listing a building on the National Register involves exten- sive review at the local, state, and federal levels, and requires that a property owner docu- ment the historical significance of the structure being considered (nominations submitted prior to the City's certification as a Certified Local Government in 1987 did not require review at the local level). The historical significance of a building must meet certain criteria before it is accepted on the National Register. In general, a building must be associated with events that have made a significant contribution to the broad patterns of our history or with the lives of persons significant in our past, must represent the work of a master or distinctive charac- teristics of a type, period, or method of construction, or must have yielded or may be likely to yield information important in prehistory or history. All of the properties being nominated as the first series of Iowa City historic landmarks have been accepted on the National Register and, thus, meet one or more of the above criteria. Rec are not consid~ buildings, of historical the 1839 landmark candid~ the current series of historic landmarks being proposed are all listed on the National ,"r, the City's historic preservation regulations do not require this as a prerequisite for designation. There are many historically important buildings in Iowa City that on the National Register. It is anticipated, that many of these buildings will be designation in the future. The landmark designations are also not limited to may include objects, archaeological sites, or elements of landscape architecture ~nce. As an example, the stone obelisk marking the southeast calmer of town plat at the corner of Summit and Court Streets is a potential historic To be nomin.ated for meet minimum criteri specifically, the nation as an Iowa City historic landmark, a structure, or site must ~stablishing its historical significance, importance or value, More Be significant to '.an history, architecture, archaeology and culture or Iowa City history, architecture, ~aeology and culture; or Possess integrity of ~X~esign, setting, materials and v~orkership; or Be associated with events th~ have made a significant ~ontribution to the broad patterns of our history; or Be associated with the lives of persb~ significant in,~/dr past; or Embody the distinctive characteristics bf~a type, )fiod, or method of construction; represent the work of a master; possess~igh tic values; represent a significant and distinguishable entity whose componeh~s lack individual distinction; or 'Have yielded or be likely to yield information in prehistory or history. Listing. on the National Register does provide rec historic properties, but it provides minimal unsympathetic alterations that may destroy features or the historical significance of a Register properties is required nition ~,nd increases public awareness of for thee properties from demolition or important architectural No . .~ o.f alterations to National g or permitting. ~s involved, or unless the property owner makes use of that are availa~J~e in a limited number of situations. If the nominated propertie designated as historic lah,dmarks, exterior alter- ations to the properties that require /4 ulated permit, such as a building permit or a demoli- tion permit, will be subject to desig~ ;~ ~ approval by the Historic PreserVation Commission, as properties within designated ~r districts are c~rrently regulated. ~ The Commission applies the ]r of the Interior s Standards for RehaD~tation when reviewing proposed alterat signated properties - nationally accepted standards for the rehabilitation of original architectural fez situations where repl~ Standards also architecture of creating a false structures. The Standards-place a priority on maintaining the and materials on a historic building, but recognize that there are or removal of some features and materials are necessary. The e new additions to historic buildings to be compatible with the inal building without mimicking the original building too closely, of history. In applying these standards to properties within the City's 2 as the first series of Iowa City historic landmarks have been accepted on the National Register and, thus, meet one or more of the above criteria. While the current series of historic landmarks being proposed are all listed on the National Register, the City's historic preservation regulations do not require this as a prerequisite for local landmark designation. There are many historically important buildings in Iowa City that are not listed on the National Register. It is anticipated, that many of these buildings will be considered for designation in the future. The landmark designations are also not limited to buildings, but may include objects, archaeological sites, or elements of landscape architecture of historical ,significance. As an example, the stone obelisk marking the southeast corner of the 1839 original town plat at the corner of Summit and Court Streets is a potential historic landmark candidate. To be nomin.ated for designation as an Iowa City historic landmark, a structure or site must meet minimum criteria establishing its historical significance, importance or value. More specifically, the landmark must: Be significant to American history, architecture, archaeology and culture or Iowa City history, architecture, archaeology and culture; or B. Possess integrity of location, design, setting, materials and workership; or Be associated with events that have made a significant contribution to the broad patterns of our history; or D. Be associated with the lives of persons significant in our past; or Embody the distinctive characteristics of a type, period, or method of construction; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction; or F. 'Have yielded or be likely to yield information important in prehistory or history. Listing. on the National Register does provide recognition and increases public awareness of historic properties, but it provides minimal protection for the properties from demolition or unsympathetic alterations that may destroy or permanently mask important architectural features or the historical significance of a structure. No review of alterations to National Register properties is required unless federal funding or permitting is involved, or unless the property owner makes use of federal tax incentives that are available in a limited number of situations. If the nominated properties are designated as historic landmarks, exterior alter- at~qns to the properties that require a regulated permit, such as a building permit or a demoli- tion permit, will be subject to design review approval by the Historic Preservation Commission, as properties within designated historic districts are currently regulated. The Commission applies the Secretary of the Interior's Standards for Rehabilitation when reviewing proposed alterations to designated properties - nationally accepted standards for the reh. abilitation of historic structures. The Standards place a priority on maintaining the original architectural features and materials on a historic building, but recognize that there are situations where replacement or removal of some features and materials are necessary. The Standards also encourage new additions to historic buildings to be compatible with the architecture of the original building without mimicking the original building too closely, creating a false sense of history. In applying these standards to properties within the City's 3 historic districts, the Commission has been able to work with property owners to come up with acceptable solutions when conflicts with the Standards are identified, as evidenced by the fact that the Commission has not yet denied an application for a certificate of appropriate- ness or had one of its decisions appealed to the City Council, yet the historical integrity of the City's historic districts has not been compromised. In addition to th~ honor of having a building recognized as being significant to Iowa City's history, owners ef designated landmarks will be eligible to display a plaque on their historic properties recognizing them as Iowa City historic landmarks. A bulk purchase arrangement that the Commission has reached with Friends of Historic Preservation will make these plaques available to property owners at a lower cost than if purchased individually. The Commission may soon be investigating possible code amendments that would allow certain provisions of the:City's building and zoning regulations to be relaxed or waived for historic properties, such as parking or setback requirements, when s~ch regulations are difficult to meet on historic properties. The Commission has also been working with the Johnson County Historic Preservation Commission to persuade the Board of Supervisors to enact a property tax exemption program for designated historic properties to assist in the rehabilitation of designated historic structures. The property tax exemption is provided for by State law, but has not yet been enacted by Johnson County. Table 1 includes a list of the 37 properties being nominated for designation as Iowa City historic landmarks. The approximate construction dates and building styles shown in Table 1 were derived from the individual National Register nomination forms for the subject proper- ties, and from Nineteenth Century Home Architecture of Iowa City, by Margaret Keyes. Nominated properties are listed chronologically by their known or estimated date of construc- tion. More detailed information regarding a specific property is available in the Commission's files. IOWA CITY HISTORIC LANDMARKS - AN OVERVIEW The buildings being considered for designation as historic landmarks cover a broad range of Iowa City's history, from the mid-1840s to the early 1920s. The architectural design periods of the proposed landmarks can generally be divided into several segments representing different periods of town development. The Victorian Age in American architecture was the greatest era of construction combining handcraft and mechanical building methods allowing more flexibility of plan. Because of the volume of houses built, many communities like Iowa City owe much of their early character to structures like those being proposed for landmark designation. Some of the earliest homes are of the Greek Revival style, exhibiting a classical gable roof with wide eaves, cornice returns and trim, and, often, sidelights and transom windows around the main entry. (Examples: Wentz House, Bostick House) Other early houses have colonial characteristics such as end chimneys and a central doorway flanked by symmetrical windows. (Windrem House, Nicking House) Gothic Revival, the next style, showed vertical emphasis with a steeply pitched roof and doorways and windows with pointed arches. The advent of the steam-powered scroll saw allowed fanciful and decorative trim. (Trinity Church, Jackson4Swisher House) TABLE 1 iowa C~ty Histodc Landmarks - First Series. ..j_Name 1 tWentz H~use .... _2!Rose Hill , 3 ~Windrem H"oFse 41WII am Bostic~ House 5JPark House H 6 St. 7 Henry C. NickJn~ 8 Schindhelm-Drews Hou 9 Franklin Printing House 10:Old Bdck (N Pres Chumh) 111 Union Brewery 12 Oakes-Wood House 13 Samuel Kirkwood House 14 McCollister-Showers Farm 161St. Mary's Church & Rect. 16 First Congregational Church 17 Billingsley-H]11s House 18 Cavanaugh House 19 Tdnity Episcopal Church 20 George Van Patten House 21 C.D. Close House 22 C]ark House 23 Thomas Carson House 24 Burger House 26 Opera House Block 26 JJackson-Swisher House 271Letovsky-Rohret House 28!College Block Building 291Cannon-Gay House 30JA.W. Pratt House 31 i Lindsay House 32iChi Rock Isl. & Pac .~ 33 Boaruer-Fry Co But 341Czecho Slovak Hall 351Paul-Helen But 36;Summit Apar Bldg. 371Econom, .IAd__dress !219 N Gilbert j1415 E Davenport ~604 Iowa - !115N Gilbert 130 E Jefferson f610 E Jefferson !410 E Market 410 N Lucas 115 S Dubuque $ E Market N Linn Court Ibert E, 30 N Clin 629 Melrose 704 Reno 320 E College 9 S Linn 538 S Gilbert 829 Kirkwood 906 E College 630 E 210-212 S 120 E F~ ge Melrose Melrose 935 E College 115 Wright 332 E Washington 524 N Johnson 207-215 E Washington 228 S Summit 1119-123 N Linn I Buildina Date: Buildinq Style .. 1847 '" I Greek Revival ......... 1849 Greek Revival ~ : ca. 1850 _ '~- Vernacular / 1851 Greek 1852 *- 1854 ca. 1854 1855 1856 1856 1856-7 1858 1864 869 1870 1870 1871 1873 1874 1874 1875 1875 1875-8 1877 Greek al Revival Italianate Italianate Anglo-ltalianate Anglo-ltalianate Gothic Revival Gothic Revival Greek Rev./Italianate Gothic Revival Gothic Revival Victorian eclectic Italianate Victorian/Ital. Second Empire Anglo-ltalianate Second Empire Gothic Revival "[881 Greek Revival 1;98~ Italianate 1884X, Italianate 1885 ~ Italianate 1893 ~ Queen Anne 187_8 ~ Victorian eclectic 19_07 ! X,~nglo.ltalianate lg~ ~ ~onialRevival 1910 ~ Commercial Bdck 1914 ; Prairie/S~llivan elam. 1923 ~ Comma ~k TABLE 1 Iowa C~ly Historic Landmarks. Fi~Jt Sodes. ~Name 1 'Wenlz House 21 Rose Hill . 31Windrein House 4.William Bostick House 5;Park House Hotel 61St. Mary's R[ectory (o~g) 71Henry C. Nicking House 81Schindhelm-Drews House 9 Franklin Printing House 10 Old Brick (N Pres Church) 1'~ Union Brewery 12 Oakes-Wood House 1,3 Samuel Kirkwood House 14 McCollister-Showers Farm 15 St. Mary's Church & Rect. 16 Fimt Congregational Church 17 Billingsley-Hills House 18 Cavanaugh House t9 ITdnity Episcopal Church 20 Geon3e Van Patten House 21 C.D. Close House House 24 Burger House 26 Opera House Block 26 Jackson-Swisher House 27 Letovsky. Rohret House 28 College Block Building 291Cannon-Gay House 301A.W. Pratt House 31 i Lindsay House 32iChi Rock Isl. & Pac RR Dep 331Boemer-Fry Co Building 34 Czecho Slovak Assoc Hall 35, Pau -Helen Building 36;Summit Apartment Bldg. 37'Economy Adve~lising 'Address 1219 N Gilbert '1415 E Davenport .604 Iowa 115 N Gilbert 130 E Jefferson ...... :610 E Jefferson !410 E Market 410 N Lucas 115 S Dubuque J26 E Market 127-131 N Linn 1142 E Court 1101 Kirkwood 2460 S Gilbert 220 E Jeffemon 30 N Clinton 629 Melrose 704 Reno 320 E College g S Linn 538 S Gilbert 829 Kirkwood g06 E College 630 E Fairchild 210-212 S Clinton 120 E Fairchild 515 E Davenport 127 E College 320 Melrose 503 Melrose 935 E College 115 Wright 332 E Washington 524 N Johnson 207-215 E Washington 228 S Summit ~119-123 N Linn I Buildina Date !.Build nq Style 847 Greek Revival 1849 ca. 1650 1851 1852 1854 ca. 1854 1855 1856 1856 1856-7 1858 1884 1864 1867 1869 1870 1870 1871 1873 1874 1874 1875 1875 1875-8 1877 1881 1883 1884 1885 1893 1898 1900 1900 1910 1914 1923 Greek Revival Vernacular Greek Revival --Greek Revival Vernacular Greek Revival Romanesque Revival italianate italianate Anglo-ltallanate Anglo-ltalianate Gothic Revival Gothic Revival Greek Rev./ttalianate Gothic Revival Gothic Revival V/ctodan eclectic italianate Victorian/ltal. Second Empire Anglo-ltalianate Second Empire Gothic Revival Greek Revival italianate Italianate Italianate Queen Anne Victorian eclectic Anglo-ltalianate Colonial Revival Commercial Brick iPraide/Sullivan elem. Commercial Brick CllT¥ OIF I~OWA CI~T¥ HII!,STORIiC LANDMARK LOCATIION _ J'f J iLe~?_3ao_._/L ~ 1 MELRO$1~ AVt~.. AREA NAPOLEON PARK AR[EA 6 The Italianate style proved to be one of the lasting styles of the 19th century. Houses of this style were characterized by ornate double doors and tall windows commonly crowned or arched. The roof had heavy bracketed eaves and pronounced moldings and d (Oakes-Wood House, C.D. Close House, College Block Building) Je Victorian fashion the next style, Second Empire, took its ideas from the s~ line of N )n IFs Paris. Fostered by a post-Civil War boom, these elegant houses ha double- ~ ansard roofs, prominent cornices with brackets, and projecting front es. (Carson se, Opera House Block) The Queen style emr of= materials and silhouette had that added to the ' to do with the English queen sharing the uman scale and domestic cbmfort. The exteriors in brick, terra cotta, and patterned shin bay windows, veranda.s, sleeping porches, and ~ roof line. (Lindsay House) name. The great vadety asymmetric ~owers The Romanesq more likely to be used on public and, style has heavy sonry walls with round-topped supports, and entrances. {Old ck) al buildings. This over windbws, porch Colonial Revival appeared with th, styles updated with new technol taste. Ihe 18th century Association Hall) The last style represented, Prairie, is a dern style e~ a stucco surface and massive square style originated in Chicago with Louis Sulli' Frank Lloyd Wright. (Summit Apartmen' horizontal lines often with window rows. This truly American group of young architects like The architecture of these structures represen pared in the early growth of Iowa City. ThE styles of the 1 9th century and leave a lega, few houses or commercial buildings are characteristics of several styles. These owners and add to the charm that is ethnic and cultural groups that partici- cteristics mirror the major architectural vho live and will live in Iowa City. Very exam 3f a specific style but combine [he .~how imagination of past builders ~nd City. IOWA CITY HISTORIC LANDMAR The following is a brief of the 37 properties being for designation as Iowa City historic landmark,, detailed information regarding~,specific property is available in the Commission records, The information compiled below has drawn from ~he individual National · natio forms for the subject properties, an~ from Nineteenth Centurv Home Architec of Iowa City, by Margaret Keyes. Nominat§d properties are arranged chronologica their known or estimated date of construction. 6 The Italianate style proved to be one of the lasting styles of the 1 9th century. Houses of this style were characterized by ornate double doors and tall windows commonly crowned or arched. The roof had heavy bracketed eaves and pronounced moldings and detail. (Oakes-Wood House, C.D. Close House, College Block Building) In true Victorian fashion the next style, Second Empire, took its ideas from the skyline of Na. poleon II's Paris. Fostered by a post-Civil War boom, these elegant houses had double- pitched mansard roofs, prominent cornices with brackets, and projecting front entrances. (Carson House, Opera House Block) The Queen Anne style had nothing to do with the English queen sharing the same name. The style emphasized human sca!e and domestic comfort. The exteriors showed a great variety cf'materials and textures in brick, terra cotta, and patterned shingles. The asymmetric silhouette had projecting bay windows, veranda.s, sleeping porches, and even rounded towers that added to the irregular roof line. {Lindsay House) The Romanesque Revival was more likely to be used on public and commercial buildings. This style has heavy structure of masonry walls with round-topped arches over windows, porch supports, and entrances. (Old Brick) Colonial Revival appeared with the centennial celebration and tried to imitate the 1 8th century styles updated with new technology and taste. {Czecho-Slovakian Association Hall) The last sWle represented, Prairie, is a modern style emphasizing horizontal lines often with a stucco surface and massive square porch supports and window rows. This truly American style originated in Chicago with Louis Sullivan and a creative group of young architects like Frank Lloyd Wright. (Summit Apartment Building) The architecture of these structures represents many ethnic and cultural groups that partici- pated in the early growth of Iowa City. These characteristics mirror the major architectural styles of the 19th century and leave a legacy to those who live and will live in Iowa City. Very few houses or commercial buildings are pure examples of a specific style but combine the characteristics of several styles. These structures show the imagination of past builders ~nd owners and add to the charm that is Iowa City. IOWA CITY HISTORIC LANDMARKS The following is a brief description of the 37 properties being nominated for designation as Iowa City historic landmarks. More detailed information regarding a specific property. is available in the CommissioNs records. The information compiled below was drawn from the individual National Register nomination forms for the subject properties, and from Nineteenth Century Home Architecture of Iowa City, by Margaret Keyes. Nominated properties are arranged chronologically by their known or estimated date of construction. The Wentz House 219 North Gilbert Street Constructed beginning in 1847, this two story Greek Revival home is one of the few ashlar sandstone houses remaining in Iowa City. It is significant for architectural reasons. Rose Hill 1415 East Davenport Street This two story Greek Revival home was constructed in 1849. One of the city's earliest extant dwellings, it has remained largely unaltered. It is significant for architectural reasons. The Windtern House 604 Iowa Avenue' This house was constructed around 1850. The two story building is one of the earliest surviving homes in Iowa City. It is significant for architectural reasons. F The William Bostick House 115 North Gilbert Street Constructed in 1851, the Bostick House is an excellent example of the Greek Revival style. Originally located on the corner of Jefferson and Gilbert, in 1908 the house was moved to the north end of its lot. The building is associated with several important individuals, including Morgan Reno, an early mayor, Dr. Henry Murray, Iowa City's first practicing physician, and William Bostick, who is thought to have built the City's first brick building in 1840. The building was used during the Civil War as an organizing center for departing regiments, and may have served as City Hall in the 1850s. It is significant for its architecture. The Park House Hotel 130 East Jefferson Street The Park House Hotel is one of Iowa City's few remaining commercial buildings that date from the City's period as state capital. It was constructed in 1852, and a fourth story with mansard roof was added in 1875. From 1862 to 1909, it served as a female seminary, at which time it was converted to apart- ments, its current use. It is significant for architectural reasons. The Original St. Mary's Rectory 610 East Jefferson Street I1 Constructed in 1854, this Greek Revival home was moved in 1891 to its present location. Until then, it served as the home of the pastor of St. Mary's Church. It is a rare wood-frame example of Greek Revival architecture in Iowa City. Its significance is mainly architectural. The Henry C. Nicking House 410 East Market Street This 1~ story home was built around 1854. It is one of the few ashlar sandstone houses extant in Iowa City. It is significant for architectural reasons. The Schindhelm-Drews House 410 North Lucas Street [I,[ .... BIll[ This house was erected in 1855, and a series of additions were built between 1867 and 1899. It is significant as an example of organic development in a home, and is a good example of a Goosetown cottage. It is significant for architectural reasons, for its involvement with the period of settlement, and for its connection with European heritage. The Franklin Printing House 115 South Dubuque Street This 1856 three story building is an excellent example of pre-Civil War commercial architecture. Until the 1870s, it served as the headquar- ters of Iowa City's leading newspa- pers, including the Iowa Capitol Re- porter during the city's brief period as state capital. It is significant for its archi- tecture and its historical associa- tions. F 1'! [- 1_ Old Brick (the North Presbyterian Church) 26 East Market Street The North Presbyterian Church is the second oldest public building in use in Iowa City today. Built in 1856, it is an excellent example of the Romanesque Revival. It is significant for rehgious and architectural reasons. Union Brewery 127-131 North Linn Street Constructed between 1856 and 1879, the Union Brewery is composed of a variety of styles. Of the three local breweries operating during the 19th century, this building is the only one thai is still extant. It is significant for its architecture and its association with early industry. I' The Oakes-Wood House 1142 E. Court Street This two-story Italianate home was constructed and first occupied in 1858 by Nicholas Oakes, the city's first brick manufacturer. It was the home of Grant Wood from 1936 to his death. Several of his works were completed while he lived here. It is significant for its.architecture and its association with individuals im- portant to Iowa City history. The Samuel Kirkwood House 1101 Kirkwood Avenue The Kirkwood House, built in 1864, is important through its association with the life of Samuel Kirkwood, who lived here for the last thirty years of his life. Kirkwood served three.terms as Governor of Iowa, two terms as a Senator, and as the Secretary of the Interior under President Garfield. It is significant for political and architectural reasons. McCollister-Showers Farmstead 2460 South Gilbert Street Built in 1864, this Anglo-Italian home was the center of the McCollister Farm, which included 750 acres at its height. McCollister was extremely active in local politics. It is significant in architecture and agriculture. St. Mary's Church and Rectory 220 East Jefferson Street This Gothic Revival church was begun in 1867. The current rec- tory was built in 1891. St. Mary's was built on the site of an earlier Greek Revival church. It is significant for religious and architectural reasons. The First Congregational Church 30 North Clinton Street Built in 1868-69, this Gothic Revival church was designed by Gurdon Randall, who designed a great many civic buildings throughout the Midwest. It is significant for religious and architectural reasons. The Billingsley-Hills House 629 Melrose Avenue Constructed in 1870, this home is an example of the transitional Greek Revival-ltalianate style, which was extremely popular in Iowa in the 1860s. The house has seen many owners, including a head of the Psychiatric Hospital, and a vice-dean of the College of Business. It is significant for architectural reasons. The Cavanaugh House 704 Reno Street This Gothic Revival home, built in 1870, is one of only a few brick Gothic Revival houses remainh~g in Iowa City. James Cavanaugh, the original owner, was active in local politics, serving in the General Assembly. One of his sons, Matthew, became Mayor in 1878. F E The Trinity Episcopal Church 320 East College Street restoration in progress The church was built in 1871 from a design by Richard Upjohn, the fore- most advocate of the Gothic Revival. In addition, four Presidents of the Univer- sity of Iowa have been either a parishioner or a rector at this church. It is significant for reasons of architecture, education, religion, and history. F The George Van Patten House 9 South Linn Street This two-story structure, built in 1878, is the last remaining structure of a large number of stylish homes on the east edge of the central business district. The owner, George Van Patten, constructed many houses in Iowa City during this period. For seven years, the house served as the First Christian Church. It is significant due to its architecture. The C.D. Close House 538 South Gilbert Street Built in 1874, the Close House is an imposing Italianate villa. The owner was an industrialist who built the house near his factories. It is architecturally significant. The Clarke House 829 Kirkwood Avenue Built in 1874, this Victorian-Italianate house was located on land that was originally owned by the first Territorial Governor of Iowa, Robert Lucas. It richly illustrates the transition from the colonial Georgian tradition. It is significant for architectural reasons. The Thomas Carson House 906 East College Street A superb example of the Second Empire style, the house was built h~ 1875. Its earliest occupant was Thomas Carson, who was one of the city's most prominent businessmen in the late 19th century. The building now serves as a sorority house, and has been enlarged in a sympathetic manner. It is $ignific,~mt for its architecture. The Burger House 630 East Fairchild Street This Anglo-Italian home was built around 1875. It is a well-preserved example of a typical, modest residential structure from the mid-19th century. It is significant for its architecture. The Opera House Block 210-212 South Clinton Street The Opera House Block was constructed between 1875 and 1878. This 2~ story building is a significant example of the period's commercial architecture. The building has housed a number of local businesses, and the third floor once served as a meeting hall for local clubs and fraternal organizations. It is significant for its architecture. The Jackson-$wisher House 120 East Fairchild Built in 1877, this Gothic Revival building was home to Louis Jackson, an early lawyer, and Stephen Swisher, a local insurance man who served on the Board of Curators of the State Historical Society of Iowa. It is significant for its architecture and its historical association with the fields of commerce and law. The Letovsky-Rohret House 515 East Davenport This Greek Revival home was constructed in 1881 for Bonhumil Letovsky, publisher of Slovan Americky, Iowa's first Czech newspaper. I-Iis son John, who served as a city councilman and mayor, lived in the home for several months. The house was later purchased by Peter and Mary Rohret. Peter Rohret was extremely active in local politics, serving in a number of positions. It is important for architectural reasons and its connection to Iowa's Czech heritage. The College Block Building 127 East College Street Built in 1883, the College Block Building was designed by Chauncey Lovelace, the first architect to settle in Iowa City. The two-story building is the earliest commercial building in Iowa City known to be designed by an architect. The building is notable for its elaborate cornice, and was saved from demolition during urban renewal. It is significant for architectural reasons. The Cannon-Gay House 320 Melrose Avenue This Victorian-Italianate home was constructed in 1884. It is a fine example of Italianate characteristics. It is significant for architectural reasons. The A.Wo Pratt House 503 Melrose Avenue The Pratt family was one of the first to settle in Johnson County. This Italianate home, built in 1885, is notable for the two-story addition that Walter Pratt added to make room for his pipe organ. It is significant for architectural reasons. The Lindsay House 935 East College Street Built in 1893, the house is an example of the Queen Anne style. It is notable for its informal design and extensive decoration. Plans for the Lindsay House were purchased from George Barber from an 1892 catalogue. It is significant for architectural reasons. The Chicago Rock Island and Pacific Railroad Depot 115 Wright Street' This Victorian Eclectic building was completed in 1898. It served as a rail- road depot for the Rock Island until 1970, when it was converted for office use. It is significant in transportation and architecture. The Boerner-Fry Company Building (the Davis Hotel) 322 East Washington Street Constructed in 1900, this three-story building was originally built as a pharmaceuticals plant. It was co-owned by Emil Boemer, a Dean of the College of Pharmacy, and William Fry, a prominent investor. From 1922 to 1972, the building was first the Washington and then the Davis Hotel. It is significant in the fields of industry, education, and pharmacy. The Czecho-Slovakian Association Hall 524 North Johnson Street This two story Colonial Revival building was constructed in 1900, and served as a focal point of the Czech immigrant community in Iowa City. The hall was used for plays, readings, and instruction on American customs and laws. It is significant for reasons of social history. The Paul-Helen Building 207-215 East Washington Street This three story Commercial Brick structure was built h~ 1910. It was the first commercial building to incorporate elements from the Chicago School, and is one of the four surviving buildings from Iowa City's pre-World War I com- mercial boom. The third floor originally was a dance floor with an orchestra pit in one corner. For sixty years, the building was the headquarters of the Iowa City Gas & Electric Company. It is significant for architectural reasons. The Summit Apartment Building 228 South Summit Street The Summit was the city's first apartment building. Constructed in 1914, the 17 units in the four story building were considered the "deluxe apartments in Iowa City." It was controversial for its location in an area of prestigious single- family homes and its elements of Prairie and Sullivan style architecture. It is significant for architectural reasons. The Economy Advertising Building 119q23 North Linn Street Constructed in 1923, the Economy Advertising Building was the headquarters of The Midland, a nationally recognized literary magazine under the editorship of John Frederick. The Midland was praised by such critics as I-I.L. Mencken. Frederick taught at the University of Iowa for over a decade, and was the first American professor to teach a class on American Literature. It is important in the field of literature for its historical association with the printing of The Midland. July 1, 1996 To: City Council, City of Iowa City From: Alpha Phi House Corporation (housing Delta Epsilon Chapter of Alpha Phi) Re: Public Hearing Regarding Proposed Iowa City Historic Landmark Designation As the fortunate owners of the Thomas Carson House at 906 East College Street, which is listed on the National Register of Historic Places, we enthusiastically support designation of the proposed College Green Historic District and the East College Street Historic District as Iowa City Historic Landmarks, and their regulation under City Code Title 14, Chapter 4, Article C, Historic Preservation Regulations. The Alpha Phi home houses and preserves artifacts from the entrepreneurial Thomas Carson and his contributions to the City of Iowa City and to the newly founded State of Iowa. It also houses comfortably up to 56 residents, has 23 off-street parking spaces, large lawns and many trees. It is self-supporting and pays local property taxes, makes mortgage payments to a local bank, and employs two full- and many part-time staff members. Almost all its $250,000-plus annual operating budget is spent among the more than 30 local businesses that enable us to house and feed our residents, maintain and improve the building--and, incidentally, provide valuable business experience for the student residents and participating alumrd. Over the past dozen years we have invested more than a half-million dollars in restoration, remodeling and repair of this magnificent structure. We are pleased that our Second Napoleonic Empire-style house is located in Iowa City's favorable environment, and would be doubly pleased if the proposed historic district is approved, since this would assist and enhance our own and many others' efforts to maintain the historic graciousness of these particular areas of early Iowa City. Faye Hyde Strayer One Forest Glen, Iowa City (338-2637) Treasurer, Alpha Phi House Corporation (A non-profit corporation) TO: PROTEST OF REZONING HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the underslgnsd, being the owners of twenty percent or more of the area of the property included In the proposed zoning change, or the owners of twenty percent or more of the property which Is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: This petition is signed and acknowledged by each of us with the intention that such rezoning shall not become effective except by the favorable vote of at least three-fourths of all the members of the council, all In accordance with §414.5 of the Code of Iowa. 'Owner(s) of ~ Property Address STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On thtsc~__~day of ~u~ ,19 ~, before me, the undersign~e~l~, .a. Notary Pu~blic In and for said County and State, personally appeared ~t~¢~ '~ ~_~.~'~;ou/ and to me known to be the identical persons named in and who executed'the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public In and for the State of Iowa' Property Address STATE OF IOWA JOHNSON COUNTY On this ~ day of ,19 , before me, the undersigned, a Notary Public in and for said County and State,-~rsonally appeared and We, the undersigned, being the owners of twenty percent or more of the area of the property included in the proposed zoning change, ot the owners of twenty percent or more of the property whlcl~ is located within two hundred feet of the extedor boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: This petitlon is signed and acknowledged by each of us with the intention that such rezonlng shall not become effect~/e except by the favorable vote of at least three-fourths of all the members of the council, all in accordance with {}414.5 of the Code of Iowa. ' Owner(s) of ~ ' Property Address STATE OF IOWA ) ) JOHNSON COUNTY ) On this(~.~day of ~J""~,v~.- ,19_Z~.., before me, the undersigned, a Notary Public in and for said County and State, personally appeared ~/~.~ ~'~- ~-~'~;o~/ and - -- - to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed, Property Address ~.~ STATE OF IOWA JOHNSON COUNTY On this ~ day of ,19 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared. and to me known to be the identical persons named in and who ~xecuted the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Publlc in and for the State of Iowa NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 2nd day of July, 1996, in the Civic Center Council Chambers, z~10 E. Washington Street, iowa City, Iowa; at which hearing the Council will consider: 1. The designation of thirty-seven properties ,_as Iowa City historic landmarks. An ordinance amending the Zoning Chapter by rezoning the following properties located in Iowa City, Iowa, and owned by The University of Iowa to P, Public: 1 E. Park Road IRNC-20), 234 N. Madison Street (RM-44), northwest corner of Dubuque and Church Streets (RM-44), 230 N. Clinton Street {PRM), 324 S. Madison Street {CB-2I, 300 Myrtle Avenue (RS-5), 421 Melrose Avenue (RS-5), 315 Melrose Ave- nue {RS-8), 121 Grand Avenue Court (RS- 8), 127 Grand Avenue Court (RS-8), 129 Grand Avenue Court (RS-8), and 2222 Old Highway 218 S. (I-1). 3. An ordinance amending the Zoning Chapter by amending the Conditional Zoning Agree- ment for WestPort Plaza to eliminate the requirement for a "cohesive, integrated development," and to remove the require- ment for the facades of the buildings to provide "horizontal continuity," for property located in the CC-2, Community Commer- cial zone at 855 Highway 1 West. Copies of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 3191350-5247. ORDINANCENO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE ZONING CLASSIFICATION OF TWELVE PARCELS OF UNIVERSITY OF IOWA OWNED PROPERTY FROM THEIR CURRENT ZONING CLASSIFICA- TIONS TO P, PUBLIC. WHEREAS, Section 14-61-1 of tile Iowa City zoning ordinance requires that land owned by a government entity shall be zoned P, Public; and WHEREAS, the City of Iowa City has initiated the rezoning of twelve parcels of property owned by the University of Iowa from their current, respective zoning classifications to P, Public; and WHEREAS, the new zoning classification is consistent with the zoning classifications of properties owned by the Federal Government, the State, the County, the City and all political subdivisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The twelve properties described in Exhibit A are hereby reclassified from their current, respective zoning classifica- tions to P. Public. SECTION II. ZONING MAP. The building in- spector 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 as provided by law. SECTION III. CERTIFICATION AND RECORD- ING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance which shall be recorded at the Office of the County Recorder cf Johnson County, Iowa, upon final passage and publication as provided by law. Ordinance No. Page 2 SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the ordinance shall be judged to be invalid or unconstitutional, such adjudication shall not affect the validiw of the ordinance as a whole or any section, provision or part thereof not judged invalid or unconstitu- tional. SECTIONVI. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approv- al and publication as required by law, Passed and approved this MAYOR ATTEST: CITY CLERK ppdadmin~univers~.ord EXHIBIT A Parcel #1:1 E. Park Road Present Zoning: RNC20 Legal Description: Commencing at the Northwest corner of Block 5 Parkside Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 2, of the Plat Records of Johnson County, Iowa; thence South 130 feet; thence East 150 feet; thence North 130 feet to the north line of said Block 5; thence West along the North line of said Block to the place of beginning. Parcel #2:234 N. Madison Present Zoning: RM44 Legal Description: "Commencing at the northwest corner of lot four (4) in block eighty-nine (89) in Iowa City, Iowa thence east 70 feet, thence south 40 feet, thence west 70 feet, thence north 40 feet to the place of beginning, Iowa City, Johnson County, Iowa according to the recorded plat thereof." Parcel #3: Dubuque/Church Present Zoning: RM44 Legal Description: Lots 5 and 6 in Coleman's Subdivision of Out lot 32 in Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 343, Deed Records of Johnson County, Iowa. Parcel #4: 230 N. Clinton Present Zoning: PRM Legal Description: North 100 ft of Lot 4 in Block 77 Parcel #5:324 N. Madison Present Zoning: CB2 Legal Description: The South 75 feet of Lot 6, and all of Lot 5, Block 93, Iowa City, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record. Parcel #6:300 Myrtle Avenue Present Zoning: RS5 Legal Description: Commencing 901.5 feet west of the southeast corner of Lot 2, Section 16, Township 79 North, Range 6 West of the 5th P.M. in Johnson County, Iowa running thence east 60 feet; thence north to a point 30 feet south of the north line of said Lot 2; thence west 60 feet; thence south to the point of beginning; except the public highway along the south side of said lot. Parcel #7:421 Melrose Present Zoning: S1 Legal Description: Lot One (1) excepting the south 24.8 feet thereof, in Lucon, a subdivision of part of the northeast quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. according to the plat thereof recorded in plat book 4, page 184, Plat Records of Johnson County, Iowa. Parcel #8:315 Melrose Present Zoning: RS8 Legal Description: The north 278 feet of the east 80 feet of the following described tract, towit: Beginning at a point on the north line of section sixteen (16) in township seventy-nine (79) north, range six (6) west of the 5th P.M. which is 1434.6 feet east of the northwest corner of the northwest quarter of the northeast quarter of said section, marked by a stone, thence southerly included angle to the southwest 93 degrees and 30 minutes, 673.5 feet, thence east 103.5 feet, thence northerly included angle to the northwest 90 degrees and 34 minutes 49.5 feet, thence south 89 degrees and 24 minutes east 154 feet, thence northerly angle to the northeast 93 degrees and 8 minutes, to the north line of said section, thence west along said section line 262.6 feet to the place of beginning. Parcel #9:121 Grand Avenue Court Present Zoning: RS8 Legal Description: Lot Thirteen (13) in Grand Ave. Court, Johnson County, Iowa, according to the plat. thereof recorded in Plat Book 3, page 101, Plat Records of Johnson County, Iowa; also commencing at an iron pin at the northwest corner of Lot thirteen (13) in Grand Ave. Court, thence in a southerly direction along the west line of said lot 13. 18.1 feet to an iron pin, thence north 82 degrees, 4.9 minutes to a point directly south of the south west corner of Lot Ten (10) in said Grand Ave. Count thence north to the south line of an alley running east and west. South of said Lot Ten (10). Thence in a an easterly direction along the south line of said alley to the place of beginning. Parcel #10:127 Grand Avenue Court Present Zoning: RS8 Legal Description: Lot 16 of Grand Avenue Court, being a part of the SW 1/4 of the SE 1/4 of the SE 1/4 of Section 9, Township 79N, Range 6, West of the 5th P.M. as per the plat thereof recorded in plat Book 3, Page 100, Plat records of Johnson County, IA. Parcel #11:129 Grand Avenue Court Present Zoning: FS8 Legal Description: Lot Seventeen (17) of Grand Avenue Court, being a part of the Southwest quarter of the Southeast quarter of Section nine (9) in township Seventy-nine (79) North, Range Six (6), West of the 5th P.M. as shown by the plat thereof recorded in Book 3, page 100, plat records of Johnson County, IA. Parcel #12: Commencing at the concrete monument at the northwest corner of the southwest quarter of Section 22, Township 79 North, Range 6 West of the 5th P.M. thence south 0 degrees ^Y,6 minutes west 907.0 feet to the centerline of the Chicago, Rock Island and Pacific Railroad Tract, thence south 21 degrees 56 minutes east 54.2 feet to the right of way line of said railroad and the place of beginning; from said point of beginning thence southwesterly 351.0 feet along a 6660 foot radius curve concave southeasterly to an iron pin, thence south 21 degree 56 minutes east 623.2 feet to the northerly line of the public highway, thence north 56 degrees 59 minutes east along the northerly line of said public highway 320.9 feet, thence north 21 degrees 56 minutes west 716.4 feet to the place of beginning; Also an Easement granted in Easement dated May 21, 1958 and recorded in Book 229, page 41 in the office of the County Recorder of Johnson County, Iowa, except that part thereof deeded to the State of Iowa by Warranty Deed dated August 16, 1972, recorded August 16, 1972 in Book 387 at page 118. and also, Commencing at the Northeast corner of the SE^Y, of Section 21, T, 79 N. R. 6 W. of the 5th P.M., thence South 1218.57 feet; thence West 218.24 feet to a ^Y, inch inn pipe found and on the easterly right of way line of the Chicago, Rock Island and Pacific Railhad and the point of beginning; thence S. 21 deg. 56 min. O0 sec. E. 623.20 feet to a ^Y, inch inn pipe found; thence S. 21 deg. 56 min. E. 33.65 fee to the centerline of old Pleasant Hards Road; thence S. 56 deg. 47 min. 30 sec. W. 462.61 feet along said centerline; thence N. I deg. 58 min. 00 sec. E. 40.37 feet to a i inch inn pipe found; thence N. 1 deg. 58 min. 00 sec. E. 662.89 feet to a i inch iron pipe found and Easterly right of way line of said railroad; thence Northeasterly 198.48 feet along a 2814.93 foot radius curve concave southeasterly to the point of beginning. Excepting therefrom: Commencing at the Northeast corner of the Southeast quarter of Section 21, Township 79 North, range 6 West of the 5th P.X.; thence South 1,218.57 feet; thence West 218.24 feet to a i inch iron pipe found on the Easterly right-of-way of the Chicago, Rock Island and Pacific Railroad; thence South 21 °56'00" East 623.20 feet to a i inch iron pipe found and point of beginning; thence South 21 °56'00" East 33.65 feet to the centerline of South Riverside Drive (old Pleasant Harris Road); thence South 56'47'30" West 462.61 feet along said centerline; thence North 1^X,58'00" East 40.37 feet to a ^Y, inch inn pipe found; thence North 56°47'30" East 445.93 feet to point of beginning. and, Also a permanent right of access to the above described property over, upon and across the frontage road referred to in the conveyance to The State of Iowa by warranty deeds dated and recorded on August 16, 1972, and appearing in Book 387, Pages 118 and 121, Deed Records of Johnson County, Iowa, and a permanent right of access to said frontage road over, upon and across such adjoining land as tay be necessary for access thereto as set forth in the deeds recorded in Book 400, at Pages 315 and 317, Deed Records of Johnson County, Iowa. To: Item: GENERAL INFORMATION Applicant: Requested Action: Purpose: STAFF REPORT Planning & Zoning Commission Prepared By: John Yapp, Associate Planner REZ 96-0013, University of Iowa Date: May 16, 1 996 Location: Size: Existing land use and zoning: Surrounding land use and zoning: File date: 45-day limitation period; City of Iowa City Zone change to P (Public Zone) To bring twelve properties into compliance with section 14-61-7B of the Zoning Ordinance. Various, see below. Various. Various, see below. Various, see attached location map. April 25, 1996 Not Applicable BACKGROUND Section 14-61-7B of the Zoning Ordinance states that land acquired by the government of the United States, the State or a political subdivision thereof, shall retain its existing zoning designation until such time as the Zoning Map is amended to designate such land a Public Zone pursuant to Section 14-6U-6. The P, Public, designation serves as a notice to those owning or purchasing land in proximity to publicly owned land, which is not subject to the regulations of the Zoning Chapter. The zone change application has been initiated by the City to bring the twelve properties described below, which have been purchased by the University of Iowa, into comphance with Section 14-61. ANALYSIS The twelve properties owned by the University of Iowa, a political subdivision of the State of Iowa, are: 1 East Park Road, The Levitt Center for University Advancement, with a present zoning of RNC-20. 234 North Madison Street, Lot 8 at the corner of Madison Street and Bloomington Street, with a present zoning of RM-44. 3. Corner of Dubuque Street and Church Street, the lot east of the University of Iowa President's residence, with a present zoning of RM-44. 4. 230 North Clinton Street, the Admissions Visitor Center, with a present zoning of PRM. 5. 324 South Madison Street, an Engineering Research Facility, with a present zoning of CB2. 6. 300 Myrtle Avenue, a Hawkeye Area Community Action Program (HACAP) Head Start location, with a present zoning of RS-5. 7. 421 Melrose Street, a daycare for infants and children, with a present zoning of RS-5. 8. 315 Melrose Street, a University owned residence, with a present zoning of RS-8. 9. 121 Grand Avenue, a University owned residence, with a present zoning of RS-8. 10. 127 Grand Avenue, a University owned residence, with a present zoning of RS-8. 11. 129 Grand Avenue, KRUI student radio station, with a present zoning of RS-8 12. 2222 Old Highway 218 South, the former Thomas & Betts Building, Printing Department, with a present zoning of I1. The P zone allows the use of land, buildings, and structures of the Federal and State governments and their political subdivisions. Approval of the zone change for the twelve properties above will bring the properties into compliance with Section 14-61 of the Zoning Ordinance. STAFF RECOMMENDATION Staff recommends approval of the proposed zone changes to Pfor the twelve properties listed above. ATTACHMENTS 1. Location Map. Approved By: Robert Miklo, Senior Planner Department of Planning & Community Development LOCAT~Ob4 P1AP RIEZ96:00~;5 L©C~T~ON H~P 01 SCHUCHF-~ T OR NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 2nd day of July, 1996, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City. Iowa; at which hearing the Council will consider: 1. The designation of thirty-seven properties as Iowa City historic landmarks. 2. An ordinance amending the Zoning Chapter by rezoning the following properties located in Iowa City, Iowa, and owned by The University of Iowa to P, Public: 1 E. Park Road (RNC-20), 234 N. Madison Street (RM-44}, northwest corner of Dubuque and Church Streets (RM-44), 230 N. Clinton Street {PRM), 324 S. Madison Street {CB-2), 300 Myrtle Avenue {RS-5), 421 Melrose Avenue (RS-5}, 315 Melrose Ave- nue (RS-8), 121 Grand Avenue Court {RS- 8), 127 Grand Avenue Court {RS-8), 129 Grand Avenue Court (RS-8), and 2222 Old (3~. AHighway 218 S. (I-1). n ordinance amending the Zoning Chapter by amending the Conditional Zoning Agree- ment for WestPort Plaza to eliminate the requirement for a "cohesive, integrated development," and to remove the require- ment for the facades of the buildings to provide "horizontal continuity," for property located in the CC-2, Community Commer- cial zone at 855 Highway 1 West. Cop[es of the proposed ordinances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Scott Kugler, Assoc. Planner, City of Iowa City, 410 E. Washington St. Iowa City, IA 52240; (319) 356-5243 ORDINANCE NO. AN ORDINANCE AMENDING THE CONDITION- AL ZONING AGREEMENT FOR WESTPORT PLAZA LOCATED AT 855 HIGHWAY I WEST WHEREAS, on June 13, 1989, the City Council approved Ordinance No, 89-3418, (hereinafter "Ordinance") rezoning an approxi- mate 28 acre property at 855 Highway 1 West from I-1, Industrial to CC-2 Community Com- mercial, said property being subsequently de- veloped as WestPort Plaza; and WHEREAS, said Ordinance authorized exe- cution of a Conditional Zoning Agreement (Agreement) between the City of Iowa City (City) and the Joseph Company, which agree- ment regulated development of the subject property; and WHEREAS, portions of said property have since been sold to RandalIs International, Morris Family Corporation, Brenton Banks, and Martel Corporation ("Owners"), upon which the Agree- ment is binding; and WHEREAS, Staples Inc., ("Applicant"), has requested that certain regulations within the Agreement be amended to allow further devel- opment of the subject property; and WHEREAS, Condition B.4 set forth in the Agreement required that the property be devel- oped as a cohesive, integrated development; and WHEREAS, Condition B.7 set forth in the Agreement requires that the facades of building within the development provide horizontal continuity; and WHEREAS, given the current level of develop- ment within the subiect property, the anticipat- ed impacts associated with said development have been adequately addressed and the public interest is no longer served by the above-refer- enced provisions. It is thus within the public interest to relieve sa~d property of certain regu- lations contained in the original Conditional Zoning Agreement; and Ordinance No. Page 2 WHEREAS, the City, Owners and Applicant agree that the requirements for a cohesive, integrated development and to provide horizon- tal continuiw of building facades are no longer necessary on said property; and WHEREAS, the City, Owners and Applicant now wish to amend the original Conditional Zoning Agreement to eliminate the requirement for a cohesive, integrated development, and to provide horizontal continuity of building fa- cades, which amended Agreement is attached hereto and incorporated by reference herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Ordinance 89-3418 and the ac- companying Conditional Zoning Agreement are amended by deleting Section B.4 of the Agree- ment in its entirety and adopting in lieu thereof the following: B.4) Joseph Company agrees that the ±28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site. will be developed with o~.e major en- trance on Highway 1 West. Nothing in this Agreement shall preclude a secondary en- trance at the eastern boundary of the Site Development. SECTION II. Ordinance 89-3418 and the ac- companying Conditional Zoning Agreement are amended by deleting Section B.7 of the Agree- ment in its entirety and adopting in lieu thereof the following: B.7) Joseph Company agrees that the final design of the Development Site shall provide facades in the retail centers that are com- patible, as shown on the drawings present- ed to the Planning and Zoning Commission and dated April 20, 1989. SECTION Ill. AMENDED CONDITIONAL ZON- ING AGREEMENT, CERTIFICATION AND RE- CORDING. Following final passage and approv- al of this Ordinance, the Mayor is hereby autho- rized and directed to sign, and the City Clerk to attest, the Amended Conditional Zoning Agree- ment between the property owners and the City, and after said execution, the City Clerk ~s hereby directed to certify a copy of this Ordi- nance and the Amended Condibonal Zoning Agreement for recordation in the Office of the Ordinance No. Page 3 Recorder, Johnson County, Iowa, at the Appli- cant's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION Vl. EFFECTIVE DATE. This Ordi- nance shall De in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,19 MAYOR ATTEST: CITY CLERK City ,,~'torney ~.gf~e/ ~,~.). Propored by: Scott Kugler, Assoc. Planner, Ciw of Iowa City. 410 E. Washington St.. Iowe City, IA 52240; (319) 3§6-5243 AIV1ENDED CONDITIONAL ZONING AGREEMENT This agreement is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "the City"), and RandalIs International, Morris Family Corporation, Brenton Banks, and Marrel Corporation (hereinafter collectively referred to as "Owners") and Staples Inc., (hereinafter "Applicant"). WHEREAS, Owners are legal title holders of property located at 855 Highway 1 West, legally described in Exhibit "A" attached hereto; and WFIEREAS, on June 13, 1989, the City Council approved Ordinance No. 89-3418, (hereinafter "Ordinance"), rezoning an approximate 28 acre property located at 855 Highway 1 West from I-1, Industrial, to CC-2, Community Commercial, said property being subsequently developed as WestPort Plaza; and WHEREAS, said Ordinance authorized execution of a Conditional Zoning Agreement (Agreement) between the City and the Joseph Company, which agreement regulated development of the subject property; and WHEREAS, portions of said property have since been sold by the Joseph Company to Owners, upon which the Agreement is binding; and WHEREAS, Condition B.4 set forth in the Agreement requires that the property be developed as a cohesive, integrated development; and WHEREAS, Condition B.7 set forth in the Agreement requires that the facades of buildings within the development provide horizontal continuity; and WHEREAS, given the current level of development within the subject property, the anticipated impacts associated with said development have been adequately addressed and the public interest is no longer served by the above-referenced provisions. It is thus within the public interest to relieve said property of certain regulations contained in the original Conditional Zoning Agreement; and WHEREAS, the Parties feel that the requirements for a cohesive, integrated development and to provide horizontal continuity of building facades are nc longer necessary on said property; and WHEREAS, the Parties now wish to amend the original Conditional Zoning Agreement to eliminate the requirement for a cohesive, integrated development, and to provide horizontal continuity of building facades. 2 NOW, 1. THEREFORE, THE PARTIES AGREE AS FOLLOWS: The parties acknowledge that at the time they entered into the original Conditional Zoning Agreement, it was intended that the property would develop with connected buildings in accordance with the conceptual site plan date April 20, 1989. The parties further acknowledge that the original Conditional Zoning Agreement also required horizontal continuity in building facades, as illustrated on drawings presented to the City dated April 20, 1989. The Parties acknowledge that subsequent to the signing of the original Conditional Zoning Agreement, a private covenant was recorded which in effect restricts the development o( the property in accordance with the above-referenced provisions of the original Conditional Zoning Agreement. However, given the current level of development within the subject property, the anticipated impacts associated with said development heve been adequately addressed and the public interest is no longer served by the above-referenced provisions. It is thus within the public interest to relieve said property of certain regulations contained in the original Conditional Zoning Agreement. The original Conditional Zoning Agreement dated June 13, 1989, shall be and is hereby amended by deleting Sections B.4 and B.7 in their entirety and inserting in lieu thereof the following: B.4) The Parties agree that the + 28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site, will be developed with one major entrance on Highway I West. Nothing in this Agreement shall preclude a secondary entrance at the eastern boundary of the Site Develop- ment. B.7) The Parties agree that the final design of the Development Site shall provide facades in the retail centers that are compatible, as shown on the drawings presented to the Planning and Zoning Commission and dated April 20, 1989. The Parties acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1995) and are appropriate conditions required to protect the public safety of both the residents in the area and the community. Owners and Applicant acknowledge that in the event the subject property is transferred, sold, redeveloped or subdivided, all redevelopment will conform with the terms of this Agreement. The Parties acknowledge that this Amended Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land and shall remain in full force and effect as a covenant running with the title to the land, unless or until released of record by the City. The parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. Nothing in this Agreement shall be construed to relieve the Owners or Applicant from complying with all applicable, local, state and federal regulations. 3 Dated this day of RANDALLS INTERNATIONAL Nothing in this Amended Conditional Zoning Agreement in any way alters, amends or modifies the original Conditional Zoning Agreement except as set forth above. The Parties agree that the Iowa City City Clerk shall record this Amended Conditional Zoning Agreement in the Johnson County Recorder's Office at Owners' expense. ,1996. CITY OF IOWA CITY, IOWA By: By: MORRIS CORPORATION Naomi J. Novick, Mayor By: STAPLES, INC. ATTEST: Marian K. Karr, City Clerk By: BRENTON BANKS By: MARREL CORPORATION By: 4 ACKNOWLEDGEMENT OF RANDALLS INTERNATIONAL STATE OF ) ) ss: COUNTY ) On this day of , A.D. 19 , before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed {and sealed) on behalf of {the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to '~3e the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State ACKNOWLEDGEMENT OF MORRIS CORPORATION STATE OF ) ) ss: COUNTY ) On this day of ,A.D. 19 , before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State 5 ACKNOWLEDGEMENT OF BRENTON BANKS STATE OF __ ) ) ss: __ COUNTY ) On this day of ,A.D. 19 , before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and · respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State ACKNOWLEDGEMENT OF MARREL CORPORATION STATE OF ) )ss: COUNTY ) On this day of , A.D. 19 , before me, the undersigned, a Notary Public in and for the State of personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State ACKNOWLEDGEMENT OF STAPLES, INC. STATE OF__ ) ) ss: ___ COUNTY ) On this day of ,A.D. 19 , before me, the undersigned, a Notary Public in and for the State of , personally appeared and , to me personally known, who, being by me duly sworn, did say that they are the and · respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State 7 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of ,1 9__, before me, , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. passed by the City Council, on the day of , 1 9__, and that Naomi J. Novick and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa EXHIBIT (A) WESTPORT PLAZA LEGAL DESCRIPTION Con~nenctng at the Southeast Corner of the Southwest Quarter of Section 15, Township 7g North, Range $ West of the 5th Principal I~eridian; Thence NOO.Sl'53'E (An Assumed Bearing), along the East ~Ltne of said Southwest Quarter 530.00 feet, t~ the.Point of Beginning; Thence continuing ND0,5]'53'£ along said East Line of the )outhwest Quarter, 927.I7 feet, to a voint which is 500.00 f~et souther)y of the Intersection of said East Line with the Souther)y Right-of-Way Line of Iowa Primary Road No. 1, and is the Southeast Corner of the tract of land conveyed to the City of Iowa City, IoWa, by Warranty Oeed, Recorded in ~eedBook 558, at Page 585, of the Records of the Johnson County Recorder's Office;Thence NBg. OB'37'W, 60.00 feet to' the Southwest Corner of said tract; Thence SO0,Sl'Z3"W, along a line which is parallel with and 50.00 feet Westerly of said East Line of the Southwest Quarter ]33.6g feet, to the Southeast corner of Lot ], of Ruppert Subdivision, Part One, as Recorded in Plat Book 27,'at Page 15, of the Records of the Johnson County Recorder's Office; Thence N89'O8'37'W, along the Southerly Line of said Lot l, ~25.7] feet; Thence N4g.57'3g"W, 638.66 feet, to a Point on the Southerly Right-of-way Line of Iowa Primary Road No. ]; Thence Southwesterly 8.81 feet, along said Southerly Right°of-Way Line on a 2231.g foot radius curve, concave Southerly whose 8.8! foot chord bears S70.07'!3"W, to a Point which is 156.2 feet radially distant Southeasterly of the Centerline of said Iowa Prima~y Road No. 1, at Station 146+50; Thence SS8'21']8"W, along said Southerly Right-of-Way Line 330.50 feet, to a Point ~hich is )60.00 feet, radially distant Southeasterly of said Centerline of Iowa Primary Road No. 1, at Station !43+00; Thence S48-~8'47'W along said Southerly Right-of~Way Line, 423.33 feet, to a Point which is ]80.00 feet, radially distant Southeasterly of said Centerline of Xowa Primary Road No. ~, at Station 138+50; Thence S4¢'00'45"W, along said Southerly Right-of-Way Line, 220.30 feet, to a Point ~hich is on the Northeasterly Limits Line of the Existing Airport Clear Zone; Thence S4go$7'39"E, along said Northeasterly Limits Line, g26.91 feet, to a Point on the North Line of the Parcel conveyed to the City of Iowa City by Warranty Deed, Recorded in Deed Book 185, at Page 321, of the Records of the Johnson County Recorder's Office; Thence NBg*42'40"E, along said Northerly Line, 81].g4 feet, to the Point of Beginning. Said tract of land contains 28.084 acres, more or less, and is subject to easements and restrictions of record. \4x S It_I y .HATTE 11Y July 2, 1996 (3191364-0227 [8001798~)227 Mayor and City Council City of Iowa City Iowa City, IA 52240-1826 RE: Staples, Inc. Westport Plaza Dear Mayor and City Council. We respectfiAly request your favorable consideration to the amended conditional zoning agreement allowing the construction of a Staples Store at Westport Plaza. Our history with this project goes back to September of 1995, when we were asked to review the site for Staples, Inc. our review oltre site included review of Iowa City Zoning Ordinance, the Conditional Zoning Agreement, the LSNPd) Agreement, and the easements with Covenants and Restrictions (ECR) affecting the land. The summary of our report pointed out several disadvantages to the site including the fact that a free standing sign would not be allowed and additional parking would be required to meet the ECR's. It was our opinion, however, that nothing in the documents reviewed would preclude the construction of a Staples store on the site. We certainly did not, and would not today, interpreted any language in the conditional zoning agreement to require a continuous strip type shopping center. Subsequent to our site review we began the preparation of a site development plan to submit to the City of Iowa City. During this process we also approached Walmart about relaxing the parking requirements in the ECR's. This request was denied In addition, neither Cub Foods or Staples want inadequate parking for their customers. During this time, we also began discussing the project with Karen Franklin of the Iowa City Planning Department. Karen told us that if parking was built beside the store the CZA would have to be amended to delete the specific language "Cohesive integrated Development" and "Horizontal continuity" we did not believe at the time and don't believe today that this language is being properly interpreted Ms. Franklin also stated to myself and to Mr. Bill Meardon that the Planning Department would be neutral on our rezoning request Unfortunately, one working day before the first planning co~mission meeting, Ms. Franklin informed me that the planning department was taking a stand opposing our request. 295652-0 Mayor and City Council July 2, 1996 Page 2 At the first planning commission meeting, one commission member, Mr. Tom Scott, spoke adamantly in favor of amending the agreement. It is our understanding that Mr. Scott wasthe only current commission member who was on the commission when the original CZA was adopted. At the second informal commission meeting and the second formal commission meeting, Mr. Scott was not prnsem. We understand he is no longer on the planning commission. At the second informal conunission meeting, the commission chairman who had not been in attendance at the previous meeting voiced the opinion, which we agree with, that the language in question did not prevent building Staples as proposed. He wanted to return that interpretation to the planning department, but was informed by the City Attorney's Representative present that this was not proper. It wz~ also suggested that we should have gone to the Board of^ppeals. After much discussion, the commission and attorney agreed that the best resolution was to attach a revised conceptual site plan to the CZA and we were asked to prepare and submit such a plan. By this time, I must have had a bewildered look on by face an one commissioner stated "Don't worry, we're taking care of it". Much to our surprise at the subsequent formal meeting, three days later, two commissioners became very critical of the lack of specific detail in the concept drawing we had prepared. They seemed to expect a completed construction drawing in lieu of the concept drawing we understood they wanted. There were specific questions regarding exactly where handicap parking spots and islands were located in the parking lot. Questions we felt were more appropriate for staff review when the site development plan was submitted. It was their position that they would either vote our request down or continue it to the next meeting. I had been directed by our frustrated client that ira positive result did not come out of this meeting to drop the matter. Due to this and perhaps due to my own frustrations I told the commission we did not want to extend the process and therefore received the resultant no vote. This brings us to where we are today. There has been no opposition from the community to constructing the Staples store as proposed. Every one we have talked to except the Iowa City Planning Department has had favorable and sympathetic comments. We again respectfully request your favorable vote on this matter. 295652-0 Mayor and City Council July 2, 1996 Page 3 We have included with this letter various pertinent drawings and documents relative to this matter that we would like you to review. Sincerely/~_~ Rick A. Berndt, P.E. RAB/hmt 295652-0 Goldstein & Kaitz ATTORNEYS Stephen R. Goldstein Richard J. Kaitz Ronald M. Fellman Watermi!l Center 800 South Street, Suite 380 Waltham, MA 02154 (617) 894*4400 FAX 894.2129 Of Counsel: Leslie E. Kivitz BY July 1, 1996 Mr. Scott Kugler Associate Pi'oz~ner City of Iowa City Iowa City, Iowa 52240-1826 Re: Randalls Property, Highway 1 West, Iowa City Dear Mr. Kugler: We represent Staples, the prospective purchaser of a portion of the Randall's/Cub Foods Site. We recently received a copy of the proposed Aw, endment to the Conditional Zoning Agreement for the Shopping Center. in submitting the executed Amendment, we wanted to make a few points as follows: 1. We do not believe that the Amendment is necessary under the existing Conditional Zoning Agreement. In our view, the Shopping Center, if built in accordance with the Site Plan submittedby Staples, will remain a "cohesive, integrated development", as such terms are typically used and defined in the shopping center industry. Similarly, "horizontal continuity", in our view, does not have the meaning ascribed to it by the Planning Department. Apparently, it is your position that all facades in the shopping center must abut and physically connect to have horizontal continuity. A more logical interpretation would be that this language was meant to avoid permitting radically different facade and building heights and shapes creating a "choppy" facade appearance at the shopping center. Often, larger strip centers do not physically abut, however, they still can maintain both "horizontal continuity" and be part of a "cohesive, integrated development". 2. It is not practical or necessary for all property owners to execute the proposed Amendment. The Amendment removes restrictive language from the Conditional Zoning Agreement and does not impose any new restrictions. Accordingly, the party to be charged, in the legal sense, is the City and it does not seem legally necessary for all property owners in L/S. Kugler 7/1/96 -2- the shopping center to execute the A~nendment. Staples and Randali's have both executed the A~nendment and we will use all reasonable efforts to accommodate the City's request and have the other property ow~aers do so as well. 3. Staples has executed the Amendment based on the express condition that the City will do so as well upon approval by the City Counsel. Such submission should not be construed as a waiver by Staples of any rights it may have to challenge whether the Amendment is, in fact, necessary to build the proposed Staples project. Staples is executing the Amendment in the spirit of cooperation and attempting to resolve the impasse over this project. It is somewhat ironic and illogical that effectively the developer/retailer is opting for less and a smaller project with more parking and the City is opting for a larger project, less parking, more traffic, etc. The Planning Department has taken the position that the proposed Site Plan requires modification of the Conditional Zoning Agreement and Staples elected to go along with this approach rather than be confrontational on the issues set forth above. It never anticipated in pursuing the site plan approval there would be opposition from the City in Staples' attempt to effectively "down-size" the project. There does not seem to be any abutter or other opposition to the proposed plan. As indicated by Randali's it is a virtual certainty that if this project is not approved, the City will be and will stay even further from its purported goals of a "cohesive, integrated development" with "horizontal continuity" since it is highly likely nothing further will be built on the Randall's/Cub Foods property. We respectfully request that the City Counsel resolve the impasse by approving the Amendment so that the project can move forward and the Center be completed. Thank you for your consideration. Very truly yours,, CC; City Counsel, Iowa City Mr. William Bell (Randall's) PLr. Christopher Day (Staples) Attorney Kristin Campbell (Staples) Fir. Rick Berndt (Shive-Hattery Engineers) DAVENPOI~T, F'VANS, HURWITZ ~, SNIITH, L.L.P. LAWYERS 513 ,,~ou'rH ,ViAlN AVENUE P O Box [O30 ,~1OUX FALLS,.~OUTH DAKOTA 57101-1030 TELEPHONE (605} 336-2880 FAX (605) 335.3639 June 28, 1996 Planning Department City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 Re: Proposed Amended Conditional Zoning Agreement Greetings: We represent Randali's International, Inc., owner of the Cub Store in Iowa City. Being delivered to the City of Iowa City, today, is an Amended Conditional Zoning Agreement which was prepared by Scott Kugler, Associate Planner for the City of Iowa City. Randali's International, Inc. has executed this Amended Conditional Zoning Agreement, and is delivering the same to the City of Iowa City on the assumption that this Amendment will pass and that Staples will be allowed to develop the site as has been proposed by Staples. In the event this Amended Conditional Zoning Agreement does not pass or in the event Staples is otherwise prohibited from developing the Randali's International, Inc. property as proposed by Staples, please be advised that Randali's International, Inc. is not waiving its right to object to the interpretation which the City of Iowa City is giving to the Conditional Zoning Agreement. Specifically, Randali's does not agree that it was originally intended that the property be developed with connected buildings. That is a statement contained in Section 1 of the Amended Conditional Zoning Agreement. If the Amended Conditional Zoning Agreement passes and Staples is allowed to develop its property, it is irrelevant to Randali's that the representation in Section 1 of the Amended Conditional Zoning Agreement was made. Planning Department, June 28, 1996 Page 2 City of Iowa City However, if Staples is not allowed to develop its property as requested, then this shall serve as notice that Randali's does not agree with the statement made in Section 1 of the Amended Conditional Zoning Agreement. Because time is of the essence, we are not proposing that a revision be made to Section i of the Amended Conditional Zoning Agreement. However, we want to note our objection in the event this Amendment does not pass. Thank you for your attention to the above. Sincerely, For the Firm JPB:ssr cc: Mr. William E. Bell Mr. Richard J. Kaitz SHIVE-HATTERY ENGINEERS AND ARCHITECTS, 2122 ACT C~rcle . Iowa City, IA 5224,%9581 · (319) 354-3040 · FAX (319) 354-6921 March 28, 1996 The City of Iowa City Planning and Community Development 410 East Waslfington Street Iowa City, Iowa 52240 RE: Westport Plaza Iowa City, Iowa We hereby request modification of the Conditional Zoning Agreement covenng the 28.84-acre parcel of land known as Westport Plaza with the legal description as attached. The nature of the modification requested is to allow the construction of a Staples Store with associated parking adjacent to the existing Cub Foods on a portion of Lot 2 as shown on the attached Schematic Site plan dated February 26, 1996. It isour understanding that the nature of the modifications required include the rewording of condition B,4 so as not to require a cohesive, integrated development and the revision of condition B,7 to delete the requkement for horizontal continuity and reference to drawings dated April 20, 1989. The desired result of these modifications is to allow the construction of a 24,000 square foot retail store attached to the west side of the existing Cub Foods Store with additional parking constructed west oftlfis store. This construction would preclude the construction of any further buildings on Lot 2 that would fully connect the two existing buildings. It is our understanding that it is the opinion of the Planning Department that the intent of the Conditional Zoning Agreement was to require a continuous strip-like shopping center. We hereby request a favorable response to this request on behalf of our client, Staples, Inc. RAB/jek Copy: John Lynch Richard Kaitz William Meardon G John Sowyrda 295652-0 CIVIL , MECHANICAL , ELECTRICAL o STRUCTURAL * INDUSTRIAL · ENVIRONMENTAL · TRANSPORTATION · SURVEYING ROOF * ARCHITECTURE · SPACE PLANNING · MASTER PLANNING PROPOSED IN CZ_A PROPOSED BY STAPLES SHIVE' H_ATTERY April 30, 1996 Mr. Scott Kugler City of Iowa City Planning and Commumty Development 410 East Washington Iowa City. IA 52240 RE: Staples. Inc Westport Plaza Dear Mr. Kugler: The attached concept plan is similar to the drawing shared with the Planrang and Zomng Commission last night at the informal meeting. It is our understanding that the commission may be willing to amend the Conditional Zomn. Agreement (CZA) by refierencing this drawing in Article 7 in heu of the language changes previously requested. This Amendment to the CZA would seemingly accomplish the restlit as requested in Paragraph 2 of our letter of March 28. 1996. Sincerely~ RAB/djw Copy: Robert Lambert John Lynch Richard Kaitz G. John So~Lyrda 295652-0 .? SHIVE-HATTERY ENGINEERS AND ARCHITECTS, 800 F~rst Street NW * P.O. Box 1803 · Cedar Rapids. IA 52406-1803 · (319) 364-0227 · FAX (319) 364-4251 September 29, 1995 Mr. John Lynch Staples, Inc. PO Box 9328 Framingham, MA 01701-9328 RE: Site Review Iowa City, Iowa Dear Mr. Lynch: We are pleased to submit to you this written report summarizing our review of the proposed Staples site at Westport Plaza in Iowa City, Iowa. Our report is divided into three basic parts: this letter summary, the full detailed analysis, and 8 appendices which contain copics of various documents referenced. This report is intended to assist you in evaluating the site for constructing a Staples store. The scope of our review included the application of architectural and engineering principles only. Legal council should be retained for title opinion and to ascertain the legality of the various agreements and easements affecting the property. EXECUTIVE SUMMARY The property that was reviewed consists of the west portion of Lot 2 Westpod Plaza, Iowa City, Iowa. The allowable construction on the properly is affected by local building and zoning codes, covenants; a conditional zoning agreement has a LSNRD agreement. Generally speaking, there is nothing that would preclude the construction of a Staples store on the properly. To construct a 24,000 square foot store, approximately 96 parking places will need to be constructed to meet the covenants which will be very tight on this site. A free-standing sign will not be permitted. The access to the site and infrastructure are good. 295652-0 CIVIL * MECHANICAL ,, ELECTRICAL" STRUCTURAL ' INDUSTRIAL · ENVIRONMENTAL ', TRANSPORTATION * SURVEYING ROOF '~ ARCHITECTURE "SPACE PLANNING · MASTER PLANNING Staples, Inc. September 29, 1995 Page 2 Although this letter provides a summary of our findings regarding this site. The entire Report should be read and studied. If you have any questions concerning the information presented, please do not hesitate to contact us a (800) 798-0227. I hereby certify that this report was prepared by me and that I am a duly Registered Professional Engineer under the laws of the State of Iowa. Sincerely,~ ~ SHIVE~ATTE~'~' EN(~~, N,~C H ITECTS, inc. Iowa Registration No. 9704 Registration Renewal Date 12196 RAB/cma Copy: G. John Sowyrda 295652-0 SHIVE-HATTERY ENGINEERS AND ARCHITECTS. ZONING Property is zoned Community Commercial CC-2 and is covered by a conditional zoning agreement dated June 13, 1989. A copy of Section 36.19 Iowa City Zoning Ordinance covering the requirements of the Community Commercial Zone (CC-2) is attached hereto as Appendix A. Nothing in the zoning ordinance would preclude the construction of the proposed Staples store on this site. The conditional zoning agreement, a copy of which is attached here as Appendix B, contains several provisions that may affect the Staples construction the most significant items are the following: "...no more than two (2) free-standing signs will be permitted on the development site,..." Two free-standing signs have already been erected and can be seen in the site photos (Appendix H). 2. "All lighting shall be downcast and all signage shall be internally illuminated. "...site shall provide facades in the retail centers that are compatible and that provide hor zontal continuity,..." LSNRD AGREEMENT A large scale non-residential development agreement was entered into between Wal- Mart Stores, Inc and the City of Iowa City on February 13, 1991. A copy of this agreement is attached hereto as Appendix C. Nothing in this agreement appeared to have a significant impact on the proposed Staples construction. EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND (ECR) On January 29, 1993 an agreement was made making all tracts and outparcels of Westport Plaza subject to certain easements, covenants, conditions and restrictions. A copy of this agreement is attached hereto as Appendix D. We found nothing in this agreement that would preclude the construction of a 24,000 square foot Staples store on Lot 2, but here are certain restrictions with a more significant affect on construction as follows: The buildings Areas shall be designed so that the exterior elevation of each shall be architecturally and aesthetically compatible. The design and construction shall be of high quality. 295652-0 -1- 3. No building shall exceed thirty-five feet (35') in height above finished grade. 4. No building shall have a metal exterior. 5. Any building constructed in the Shopping Center shall be constructed and operated in such a manner which will preserve the sprinkled rate on the other buildings in the Shopping Center. 6. "Parking Area Ratio". Each party hereto agrees that at all times there shall be independently maintained on each tract parking area sufficient to accommodate not fewer than five and 35/100 (5.35) car spaces for each one thousand (1,000) square feet of Building Area on such tract. FLOOD PLAIN The site is in the 100-Year Flood Plain. This will require the filing of a City of Iowa City Flood Plain Development Permit/Application, a copy of the form of this application is included in Appendb,' E. The finish floor of the store will be required to be 1'-0" above the base (100 Year Flood) of 662'. This will require a finish floor elevation of 663' which will match the Cub Foods Store. The Application submittal should be a formality. AIRPORT Because of this sites proximity to the Airport, a Federal Aviation Administration Notice of Proposed Construction or Alteration will be required, a copy of the form for this notice is included in Appendix E. This should be a formality SIGNAGE In addition to meeting the conditional zoning agreement, the signage will be required to meet the sign regulations as contained in Section 36-60 of the Iowa City Zoning Ordinance. A copy is attached hereto as Appendix F. By this section a single face building sign not exceeding 15% of the sign wall area will be allowed on your building. OFF-STREET PARKING Section 36-58 of the Iowa City Zoning Regulations sets forth requirements for off-street parking. The requirement for retail stores and shops is one (1) parking place for each 200 square feet of retail floor area. This is Jess restrictive than the covenant restriction of 5.35 car spaces for each 1,000 square feet of building area on each tract. 295652-0 -2- The Iowa City Zoning Regulations require one (1) parking place for each 180 square feet of floor area for a grocery store and one parking place for each 1,000 square feet of warehouse space up to 25,000 square feet with a maximum requirement of 5. Based on the Zoning Ordinance, the parking required on Tract one (1) for the existing Cub Foods (54,827 square feet of grocery and 12,041 square feet of warehouse) is 310. Dependant on the ratio of retail floor area and warehouse, a 24,000 square foot retail store would require a maximum of 120 parking places. Based on the covenant restriction combined 66,868 square feet of Cub Foods and 24,000 square feet of retail space would require 486 parking places. Currently 390 parking places are provided on Lot Two (2). Based on Zoning Restrictions, only 40 additional spaces would be required, however, 96 additional spaces will be required to meet covenant restrictions. UTILITIES The Westport Plaza site is served with natural gas and electric service by Iowa-Illinois Gas and Electric Company. Both services are located in the utility easement south of the proposed building site. The electdc service consists of a 13,000V 13 kva feeder which will require a pad mount transformer to serve your store. Water and sewer to Westport Plaza is provided by the City of Iowa City. The Westport Plaza developer has constructed a private sanitary sewer and water system on the site. STORM WATER DETENTION Storm water detention for the entire Westport Plaza site has been designed and constructed to Iowa City standards. No additional detention facilities are anticipated to be required. APPROVAL PROCESS In addition to Building Plan Review by the City of Iowa City Building Department, a Major Site Plan Review as described in Chapter 27 of the Iowa City Code, a copy of which is attached as Appendix G, will be required. Submittal requirements are as follows: PROCEDURE: The applicabon for site plan approval shall meet the following requirements: A minimum of 2 copies of minor site plans and 4 copies of major site plans containing all required information. The required review fee. as established by the City, shall accompany the application for site plan approval. 295652-0 Within 24 hours of submitting an application for major site plan approval, the applicant shall post notice of intent to develop on the site. The notice to be posted will be provided by the City, and shall be posted as directed by the City. SUBMI'FrAL REQUIREMENTS: 2. 3. 4. Date of preparation and north arrow. A scale no smaller than 1"= 100'. Legal description or address of the property. Name and address of the owner of the record of the property, the applicant, and the person(s) or firm preparing the site plan. Property lines with dimensions to the nearest tenth of a foot, and total square footage or acreage of the site. Total number and types of swelling units proposed; proposed uses for all buildings; total floor area of each building; and any other information which may be necessary to determine the number of off-street parking and loading spaces required by the Iowa City Zoning Ordinance, Chapter 36 of the Code of Ordinances of the City of Iowa City, Iowa. Location and exterior dimensions of all existing and proposed structures or additions, including setback distance from property lines and distance between structures. 10. Location, grade, and dimension of all existing and proposed paved surfaces including parking and loading areas, entrance and exit drives, pedestrian walkways, bicycle storage areas, dividers, curbs, islands, and other similar permanent improvements. Location of all existing and proposed outdoor recycling, trash, refuse and dumpster areas, and method(s) of screening such areas. Location and type of all existing and proposed signs. Proposed signs requires a separate sign permit. 11. Location of the following shall be shown on the site plan: Existing trees eight inches or larger in diameter measured at a point six inches above the ground level. 295652~0 -4- 12. 13. B. Streams and other water bodies, including wetlands. C. Areas subject to flooding from a 100-year event. Location, amount, and type of proposed landscaping, fences, walls, or other screening. Location, type and height of all existing and proposed lighting on the property. Location and specifications for any existing or proposed above or below ground storage facilities for any chemical. salts, flammable materials, or hazardous materials. 15. Other data and information as may be reasonably required by the Building Official. 16. 17. Existing and proposed contours at intervals not to exceed five feet, provided that at least two contours shall be shown. Contours of neighboring properties must be provided when deemed necessary by the City. When deemed necessary by the City, a complete storm water runoff plan for the site, including grades and/or elevations of storm sewer systems, direction of surface flow, detention areas, outlet control structures and devices, and storm water calculations. 18. Location and size of existing and proposed utilities, including water, sanitary sewer, storm sewer, gas, electrical, telephone, cable TV, plus all existing or proposed fire hydrants. 19. A typical cross-section of all proposed streets, alleys and parking areas showing roadway locations, type of curb and gutter, paving and sidewalks to be installed. 20. The complete traffic circulation and parking plan. The Iowa City site plan approval process requires action by the City within 20 working days of application, however, practically speaking, the approval of a complicated site plan often takes 45 to 60 days. The building plan review w~11 not be commenced by the City until the site plan is approved. ENVIRONMENTAL We were unable to find any environmental assessments that may have been completed on the site. We would suggest that you contact Randali's International, Inc. of Mitchell, S.D., the owner of Lot 2 and request copies for any environmental investigabon that 295652-0 may have done at their direction, we would be happy to review same. If you desire we could also perform a Phase I environmental assessment as provided for as additional service in our proposal. SITE ACCESS Access easements have been created from Highway 1 (primary access) and Rupper[ Road (secondary access) that provide access to both the front and rear of the proposed Staples site. No access issues are anticipated. PHOTOS Photographs of the site and existing structures and signage were taken on September 22, 1995 and are attached hereto as Appendix H. 295652-0 SmvE.HATTEa May 29, 1996 (319) I::AX {~)1~] 364-1778 Mr. Scott Kugler City of Iowa City Planning and Community Development 410 East Washington Iowa City, IA 52240 RE: staples, Inc. Westport Plaza Dear Mr. Kugler: Staples, Inc. has requested that the City Council consider their request for amending the "Conditional Zoning Agreement" for Westport Plaza. Please advise us of the date that the Council will consider this issue. RAB/Innt Copy: Robert Lambert, Staples John Lynch, Staples Richard Kaltz, Goldstein & Kaitz Bill Meardon, Meardon Sueppel Downer G John Sowyrda, Retail Expansion Group 295652-0 MEMORANDUM Date: To: From: Re: April 18, 1996 Planning & Zoning Commission Scott Kugler, Associate Planner REZ96-0010. Staples, Inc. proposed Conditional Zoning Agreement. amendments to the Westport Plaza In June of 1989 the City rezoned the properW which contains Westport Plaza from I-1, General Industrial, to CC-2, Community Commercial. The rezoning was subject to a Conditional Zoning Agreement {CZA) which specified infrastructure improvements and design requirements for the Westport Plaza development. The CZA contains references to the site being developed as a cohesive, integrated development, in substantial conformance with a conceptual site plan filed with the City at that time. The CZA also contains a requirement for the facades of the buildings to provide "horizontal continuity," and refers to a drawing presented to the Planning and Zoning Commission at that time illustrating this concept. The site plan and drawing indicate that the development was planned to be an L-shaped configuration with a sidewalk fronting on a line of shops connecting the two anchor stores on either end - now occupied by Walmart and Cub Foods. The applicant, Staples, Inc., on behalf of property owner RandalIs International, Inc., is requesting that the CZA be amended to delete the reference to a cohesive, integrated development (provision B.4 in the attached CZA), and to remove the requirement for horizontal continuity {provision B.7), in order to develop a portion of the remaining property in a manner substantially different from the original concept plan. At the time of the Westport Plaza rezoning, the shopping center was presented by the applicant to the Planning and Zoning Commission and City Council as an integrated shopping center. The applicant assured the City that the development would not be a typical strip development and entered into the CZA to help assure that this would be the case. At the time of the rezoning, one concern the City had was that the development not consist of individual, unrelated buildings, but that the buildings relate to each other and function as a cohesive development. The developer, the Joseph Company, expressed their intent to follow those ideas by submitting a concept plan and drawing illustrating an integrated development and agreeing to a CZA which contained language requiring the property to develop in that manner. The responsibility of the developer to conform to the CZA was passed on to Walmart and RandalIs International when they purchased their portions of the property. The concept plan submitted with the current application illustrates a 24,000 square foot building attached to the southwest end of the existing Cub Foods store. As noted by the applicant in the attached letter, development of the site in this manner would preclude the connection of the existing anchor stores due to the proposed parking area. City staff has determined that this is a major deviation from the earlier concept plan. Staff recommends that the requirements of the CZA be upheld, and the City continue to require a cohesive, integrated development with buildings that provide horizontal continuity as originally agreed upon by both parties. The proposed plan would make pedestrian circulation within the development difficult, and would result in a development similar to what the City was trying to discourage in 1989 - individual, unrelated buildings surrounded by large parking lots. This is the second request to amend the terms of the CZA for Westport Plaza. An application was filed in January of 1995 to amend the sign restrictions agreed to in the CZA. That application was denied by the Planning and Zoning Commission and the City Council. At that time, staff indicated a concern about approving piecemeal amendments counter to the original intent of the CZA. If each new tenant is permitted to modify the terms and conditions of the agreement to suit their own needs, the effectiveness of the CZA to require a development consistent with that promised at the time of the rezoning will be undermined. At some point the development becomes something quite different than what was originally considered, and one could question whether the resulting development would have been approved if presented in that manner in the first place. In a broader sense, staff is concerned about the precedent that would be set by amending major features of the CZA in this situation, which may lead to similar requests for other property in the city also regulated by similar agreements. Unless there is a compelling reason to amend a CZA, such as a change in City policy, staff believes they should be adhered to as closely as possible. Otherwise, the conditional zoning process would be undermined, as applicants would agree to conditions in order to get favorable approval of their rezonings, and then would at a later date come in and request that those conditions be removed. In this particular case there appears to be no compelling reason to amend the specifics of the Westport Plaza CZA. The CZA as it stands appears to allow the property owner to develop the property in conformance with the original plans for the development, as a cohesive, integrated shopping center, while still meeting all City regulations and standards. The applicant has indicated that a problem appears to have been created by a restrictive covenant developed by Walmart when they owned the entire site. This covenant is binding on all of the current lot owners and requires that businesses within Westport Plaza provide more parking than the City requires (5.35 spaces per 1,000 square feet of building area versus 5 per 1,000 square feet of retail floor area, and 1 space per 180 square feet of grocery sales area - Cub Foods required 310 spaces based on City requirements, but requires 358 based on the restrictive covenants). This appears to have created a situation where the shopping center cannot be developed as originally proposed. In addition, it appears that little attempt has been made to design the building such that it more closely confoTms to the original concept plan. It appears that a stock floor plan is being proposed for the site which does not relate to the original design proposed for the development. Staff recommends that the City not compromize on the CZA in order to solve a problem created by an agreement between the developer and Walmart. Amending the CZA would preclude Westport Plaza from ever developing as originally proposed. Alternatively, if the restrictive covenants, were to be amended at some point in the future, it is possible that the concept plan could be more closely adhered to. STAFF RECOMMENDATION: Staff recommends that REZ96-0010, a request to amend the Westport Plaza Conditional Zoning Agreement to eliminate the requirements for a cohesive, integrated development, and for horizontal continuity in building facades, be denied. ATTACHMENTS: 1. Location Map. 2. Letter from Applicant Regarding Current Rezoning Request. 3. Current Concept Plan. 4. Original Concept Plan. 5. Original Concept Drawing. 6. 1989 Westport Plaza Conditional Zoning Agreement. Approved by /Karin Franklin, Director / Department of Planning and Community Development IIJJ L©CAT~©N MAP REZ~-OO~O STAPLES, INC. SHIVE-HATTERY ENGINEERS AND ARCHITECTS, 2'122 ACT Circle · Iowa C~y. IA 52245.9581 · (319) 354-3040 ,. FAX (319) 354-692'1 March 28, 1996 The City of!owa City Planning and Community Development 410 East Washington Street Iowa City, Iowa 52240 RE: Westport Plaza Iowa City, Iowa We hereby request modification of the Conditional Zoning Agreement covering the 28.84-acre parcel of land known as Westport Plaza with the legal description as attached. The nature of the modification requested is to allow the construction of a Staples Store with associated parking adjacent to the existing Cub Foods on a portion of Lot 2 as shown on the attached Schematic Site plan dated February 26, 1996. It is our understanding that the nature of the modifications required include the rewording of condition B,4 so as not to require a cohesive, integrated development and the revision of condition B,7 to delete the requirement for horizontal continuity and reference to drawings dated April 20, 1989. The desired result of these modifications is to allow the construction of a 24,000 square foot retail store attached to the west side of the existing Cub Foods Store with additional parking constructed west of this store. This construction would preclude the construction of any further buildings on Lot 2 that would fully connect the two existing buildings. It is our uDderstanding that it is the opinion of the Planning Department that the intent of the Conditional Zoning Agreement was to require a continuous strip-like shopping center. We hereby request a favorable response to this request on behalf of our client, Sta~.s,_-.In~-~ RAB/jek Copy' John Lynch Richard Kaitz William Meardon G. John Sowyrda 295652-0 CIVIL ,, MECHANICAL · ELECTRICAL · STRUCTURAL · INDUSTRIAL . ENVIRONMENTAL ~' TRANSPORTATION . SURVEYING ROOF * ARCHITECTURE · SPACE PLANNING . MASTER PLANNING / /' // / CONDITIONAL ]ONING AGREEMENT This Agreement I~ entered by and between The Joseph Comi~ny ('Joseph Company') and the City of Iowa Cily, Iowa, a municipal corporation ('City"). WHEREAS, Joseph Company 13as applied for rezonlng a 28.084 acre parcel of land from Industrial, 1-1 to Commercial, CC-2 located on the south slde of Highway I West and Isgally described In Exhibit g at~ached hereto and Incorporated herein by reference. WHEREAS, the City has a policy to preserve and enhance the entranceways to iowa City, Iowa; and WHEREAS, Highway 1 West is a major entranceway to Iowa City from the southwest and increased traffic Is anticipated if this rezoning request is granted; and WHEREAS, Iowa law provides that the City of Iowa City may Impose reasonable conditions on granting Joseph Company's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, Joseph Company acknowledges that certain conditions and restrictions are appropriate in order to lessen the impact on this major entrance to the City, and acknowledges responsibility for certain capital improvements to accommodate increased traffic. THEREFORE, the Parties agree as follows: Generai C~dit~ons Parties acknowledge Iowa City has a policy, as stated In the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City. Joseph Company agrees and acknowledges this policy is reasonable, proper and appropriate under the circumstances. Parties agree Highway 1 West Is a major entranceway to Iowa City f~om the southwest. Joseph Company ecknowledges the Clty's policy concerning entranceways governs this rezonlng request. To this end, Joseph Company agrees to provide certain amenities over and above City regulations in order to lessen the impact on the surrounding area, more particularly described below. Parties acknowledge and agree that the proposed rezoning from I-1 to CC-2 will permit commercial uses, not otherwise contemplated under I-1 zoning, and that the rezoning request herein will generate higher traffic thanunder !- 1. Joseph Company agrees that, in order to lessen the impact on the surrounding area, it will construct certain capital improvements, more particularly described below. B. Conditions - Amenities Joseph Company agrees that the _+28 acre parcel, to be known as Westport Plaza and referred to herein as the Development Site, will be developed as a cohesive, Integrated development with one major enffance on Highway 1 West. Nothing In ',his Agreemenl shall preclude ~ tecendary antrance ~t the eastern boundary o! the ~e Development. In order to lessen the Impact on one of the major entrances to the City, Joseph Company agrees that the Development Site will substantially conform to the Conceptual Site Plan dated April 20, 1989 and by reference made a part hereto. This Plan Includes and shall satisfactorily address the following concerns: Joseph Company agrees that no more than two (2) free-standing signs will be permitted on the Development Site, as shown on the Conceptual Site Plan dated April 20, 1989 and Incorporated herein by reference. b. Signage on the wall of Anchor No. 1 facing Highway I West is prohibited. c. Signage on the rear wall of Anchor No. I is prohibited. Arborvitae screening shall be placed along the southwest boundary of the Development Soulh of the frontage road, as shown on the Conceptual Site Plan. All lighting shall be downcast, and all signage shall be internally illuminated. Plantings along the right-of-way shall be a mix of deciduous trees with varied groupings of evergreens, as shown on the Conceptual Site Plan. 4 Low-lying evergreen landsc. aplng shall be deemed appropriate along the major entrance to the Development Site from Highway I West. Parties agree that the Conceptual Site Plan dated April 20, 1989 will be subject to modifications within the general parameters of the Conceptual Site Plan, such as structural dimensions and tree species. Parlles further agree that any modifications departing from this Conceptual Site Plan must and shall be subject to staff review and approval. Pad. ice also agree that noticing in this Agreement shall be construed to require Joseph Company to conform to the Conceptual Site Plan In every detail, since the Plan Is Intended as conceptual in nature due, In part, to the fact that only one of the anchors are currently identified. Dimensional changes are therefore anticipated. Parties further agree that the Conceptual Site Plan shall govern the Development Site, and that neither Party may intentionally digress from this Conceptual Site Plan for any arbitrary reason. Joseph Company agrees that the final design of the Development Site shall provide facades in the retail centers that are cernpatible and that provide horizontal continuity, as shown on the drawings presented to the Planning and Zoning Commission and dated April 20, 1989. C. C~ndtllon$. Off-Site Improvements Joseph Company agrees to assume total financial responsibility for the off-site Improvements requlred by this Development Site, specifically: Any geometric changes In the Highway 1 West right-of-way associated with ',he major entrance; Slgnallzatlon (traffic fight) to be placed at the main entrance to the Development Site on Highway t West as shown in the Conceptual Site Plan; and Improvement of the north-south right-of-way east of Carousel Motors from the existing frontage road to the north boundary of the Development Site. Joseph Company agrees these improvements will be made to City standards. Nothing in this Agreement shall be construed to relieve Joseph Company from complying with all applicable local and state regulations, and Joseph Company acknowledges this obligation. 10. Pa~es agree that this Conditional Zoning Agreement ahall be deemed covenant running wilh the land and shall Inure to the benefit of all successors and assigns of the property being rezoned herein. Parties further agree that this Conditional Zoning Agreement shall be Incorporated by reference into the Rezoning Ordinance; and that upon adoption and publication of the Ordinance, that this Conditional Zoning Agreement shall be recorded in the Johnson County Recorder's Office and shall constitute notice to the public of the above restrictions. Dated this 13Lb day of. ~_tme ,1989. cn'Y OF IOWA CITY Marian K. Kerr, City Clerk STATE OF IOWA JOHNSON COUNTY On this ...~_' day of J.une . ,19 89, before me, (;~na O'Donnell , a Notary Public In and for the S{ate of Iow~, personally appeared John McDonald and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa C~, Iowa; that the seal affixed to the foregoing instrument Is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained In (Ordinance) (~:~;~No. ~,9_ ~4] R passed (t~y the C~ Council, underRollCellNo. - ..... of the Clty Council on the 13thdayof June ,1989 and that John McDonald and Marian K. Kerr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily execuled. Notary Public In and for the State of Iowa NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 2nd day of July, 1996, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: 1. Increasing outlying meter rates to $0.40 per hour. 2. Increasing central business district meter rates to $0.60 per hour. 3. Increasing Chauncey Swan ramp to $0.40 per hour. 4. Increasing Dubuque Street parking ramp to $0.50 per hour. 5. Increase reserved spaces for contractors to $10.00 per day. 6. Increasing monthly all-day permits in outly- ing lots and ramps to $40.00 per month, · ~456 annual advance payment. 7., Increasing City employee lot permits to $20.00. Copies of the proposed resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Joe Fowler, Director of Parking & Transit. 410 E. Washington St., Iowa City, IA 52240; 319-356- 5156 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, "CITY FI- NANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," OF THE CITY CODE, TO INCREASE ON- AND OFF- STREET HOURLY PARKING RATES IN IOWA CITY, IOWA, WHEREAS, the City of Iowa City must pro- vide continued maintenance to existing parking facilities; and WHEREAS, the City of Iowa City must pro- vide an additional parking facility in the Near Southside development area; and WHEREAS, the City of Iowa City wishes to upgrade the interior of existing parking facili- ties; and WHEREAS, the service of transportation to the community must recognize the connection between parking and transit; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Section 3-4-7, Title III, Chapter 4, subsection 7, park,ng violations of the Iowa City Code of Ordinances should be and is hereby amended by repealing Section 3-4-7 in its entirety and enacting in heu thereof a new subsection 3-4-7 to be codified and to read as follows: Description of Fee, Charge, Bond, Fine or Penalty Fee for contractor reservation of space, per day Amount of Fee, Charge, Bond Fine or Penalty $10.00 Show-up fee charged by tow truck operator $20.00 Parking Meter Fees: Central business district on-street meter, per hour $0.60 Ordinance No. Page 2 Description of Fee, Charge, Bond, Fine or Penalty Central business distdct lot meter, per hour Peripheral on-street meter (outside central business district}, per hour Peripheral lot meter (outside central business district}, per hour Fees for parking in City parking lots: City parking lots adjacent to central business district and central business: Monthly all-day permits, per month Monthly all-day permits (annual advance payment), per year Monthly off-hours permits (after 5:00 p.m., Monday through Friday, all day Saturday end Sunday), per month All other City lots/ramps: IVlonthly all-day permits, per month Monthly all-day permits, (annual advance payment), per year City employee lot permits, per month Parking ramps: Amount of Fee, Charge, Bond Fine or Penalty $0.60 $0.40 80.40 $45.00 $513.00 $34.00 840.00 8456.00 820.00 Hourly parker (Ramp A}, $0.50 per hour Ordinance No, Page 3 Description of Fee, Charge, Bond, Fina or Penalty Hourly parker {Ramp B), per hour Amount of Fee, Charge, Bond Fine or Penalty $0.50 Hourly perker (Chauncey Swan}, per hour 90.40 Monthly all-day permits (Ramp A), per month $55.00 Monthly all-day permits {annual advance payment - Ramp A), per year $627.00 Monthly all-day permits (annual advance payment - Ramp B), per year $513.00 Ramp A is the Capitol Street parking ramp, while Ramp B ~s the Dubuque Street parking ramp. Reissue of Ramp A and Ramp B monthly permit exit card, each reissue $25,00 Reissue of all other perryits, each reissue Penalties for parking violations: $2.00 Overtime parking $3.00 Expired meter $3.00 Prohibited zone 95.00 Illegal parking - handicapped parking space $100 or as stated in the Code of Iowa, as amended One hour restricted zone, Civic Center lot 93.00 All other illegal parking 95.00 wolations Ordinance No. Page 4 Description of Fee, Charge, Bond, Fine or Penalty Amount of Fee, Charge, Bond Fine or Penalty Increases: 10 days after issue, overtime and expired meter ticket fees shall increase to $5.00 30 days after issue, all illegal parking fees, except handi- capped, shall increase to $10.00 SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,19 MAYOR ATTEST: CITY CLERK City Attorney's Office City of Iowa City MEMORANDUM Date: June 27, 1996 To: City Council From: Joe Fowler, Director of Parking & Transit Re: Public Hearing - July 2, 1996 At the July 2 Council meeting a public hearing will be held on a proposal to increase parking rates. 'i'he specific rates that would be affected by this proposal are: CBD street and off-street parking meters would increase from $.50 to $.60 per hour. Dubuque Street parking ramp would increase from $.45 to $.50 per hour. Outlying street and off-street parking meters would increase from $.30 to $.40 per hour. Chauncey Swan ramp would increase from $.30 to $.40 per hour Monthly permits in outlying lots would increase from $35.00 to $40.00 per month, $456.00 per year. City employee permit lot would increase from $17.50 to $20.00. Reserve spaces for contractors would increase from $5.00 to $10.00 per day. It is anticipated that these changes would generate an additional $218,300 per year. IOWA CITY P.O. Box 64 IOWA CITY, IOWA 52244-0064 (319) 354-0863 June 24, 1996 RECEIVED JUN ? 1996 City Council of Iowa City RE: Parkin§ Rate Increases Dear Councilors: The Parking and Transit Committee of the Downtown Association met recently with Bill Dollman and Joe Fowler to consider the parking rate increases as proposed in their memo of June 6, 1996. We recognize that extensive repair and improvements are needed in the Capitol and Dubuque Street Garages. Improved li§htin9 and signage as well as painting will increase the "user friendliness" of these facilities. We do not object to these rate increases as long as the funds are used to maintain and enhance our existing facilities, as well as provide assistance with the funding of the next Gara§e South of Burlington. We understand that funds are available with which to begin the improvements to the garages. These funds could be replaced as the revenue increases take place. We also concur wit]] the staff recommendation that the Iowa Ave. meters in the 300 block be changed to five hours. This should help long-term student and employee parkers. It is encouragin9 to know that the bonds for the existin9 9ara~es are not too far from being repaid. This will relax the cash requirements in the future and provide more options for parkin9 in the Downtown. A major concern we have is the effect of the new Mall in Coralville. Our weekend traffic, already low, will probably suffer seriously when this Mall opens. Will we need to offer free parking on Saturdays and Sundays to compete? The preservation of our Downtown is essential to the tax base of Iowa City. Convenient parking at a fair price is vital for all of us. The Parking and Transit staff are doing their best to provide essential services. We enjoy working with them to serve the public. We would, however, like to see developed a strategic plan for the Downtown. Currently we only seem to respond to outside pressures. We feel that it is critical that we become proactive in our actions not reactive. There is a comprehensive plan for all of Iowa City, but we are not aware of any vision for the future of our Downtown nor a plan to accomplish that vision. The Downtown Association would be pleased to lead or participate in the development of a long term plan which would develop a vision and a strategic plan to accomplish it. We look forward to hearing from you on this matter. S' rel , ross .hn lrman, DTA Parking and Transit Committee AREA CBD Meters PROPOSED PARKING RATE INCREASES Dubuque St. Ramp Outlying Meters - Streets & Lots Outlying Monthly Permits City Employee Reserve Spaces Contractors (per day) Illegal Parking in Handicapped Space CURRENT PROPOSED $.50 9.60 $.45 $.50 $.30 9.40 935.00 940.00 917.50 920.00 $5.00 $10.00 850.00 ~100.00 finp~g~rate.cht LAST AMENDED July, 1992 July, 1992 February, 1986 July, 1992 July, 1992 July, 1992 August, 1992 (As mandated by State Law) 7/2/96 NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR IOWA CITY LANDFILL FORCE MAIN PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will con- duct a public hearing on plans, specifications, form of contract and estimated cost for the Iowa City Landfill Force Main Project in said City at 7:00 p.m. on the 2rid day of July, 1996, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Coun- cil of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE CON- STRUCTION OFTHE SOCCER SITE ACCESS ROAD PROJECT TO ALL TAXPAYERS OF THE CI'CY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will con- duct a public headrig on plans, specifications, form of contract and estimated cost for the Soccer Site Access Road Project in said City at 7:00 p.m. on the 2nd day of July, 1996, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Coun- cil of the City of Iowa City, Iowa and as provided by law. MARIAN K KARR, CI']'Y CLERK NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR ABBEY LANE SANITARY TRUNK SEWER PROJECT IN THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will con- duct a public hearing on plans, specifications, form of contract and estimated cost for the con- struction of the Abbey Lane Sanitary Trunk Sewer Project in said City at 7:00 p.m. on the 2rid day of July. 1996, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa. and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Coun- cil of the City of Iowa City. Iowa and as provided by law. MARIAN K. KARR, CITY CLERK