HomeMy WebLinkAbout1996-07-16 OrdinancePrepared by: ScoT[ Kuslar..~,ssoc. Planner. C;ty of Iowa City, 410 E. Washington St.
Iowa City, IA 52240; {319) 356-5243
ORDINANCENO.
AN ORDINANCE AMENDING THE CONDITION-
AL ZONING AGREEMENT FOR WESTPORT
PLAZA LOCATED AT 85§ 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 cmended 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
Agree~nent requires that the facades of building
within the development provide horizontal
continuity; and
WHEREAS, given the current level of develop-
ment within the subject properW, 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 said 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 IO?;A
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 one 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 Planoing and Zoning Commission
and dated April 20, 1 989.
SECTION I]1. 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 is
hereby directed to certify a copy of this Ordi-
nance and the Amended Conditional Zoning
Agreement for recordation in the Office of the
Ordinance No.
Page 3
Recorder, Johnson CounW, 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 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
Prepared by: Scott Kugler, Assoc. Planner, City of Iowa City. 4!0 E. Washington St.,
Iowa City, IA 52240; {319) 356-5243
AIVIENDED 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 I West, legally
described in Exhibit "A" attached hereto; and
WHEREAS, on June 13, 1989, the City Council approved Ordinance No. 89-3418, (hereinafter
"Ordinance"), rezoning an approximate 28 acre property located at 855 Highway I 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 no 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 of 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 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.
The original Conditional Zoning Agreement dated June 13, 1989, shall be and is hereby
amended by deleting Sections 8.4 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 1 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
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 Amendsd Conditional
Zoning Agreement in the Johnson County Recorder's Office at Owners' expense,
Dated this day of
RANDALLS INTERNATIONAL
,1996.
CITY OF IOWA CITY, IOWA
By: By:
MORRIS CORPORATION
Naomi J. Novick, Mayor
By:
ATTEST:
Marian K. Karr, City Clerk
STAPLES, INC.
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 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 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 b,/ 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 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
6
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 ,19 , 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 , 19 , 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)
¥£STPORT PLAZA
LEGAL
Commencing at the Southeast Corner of the Southwest quarter of Section ]6,
Township 79 North, Range 6 West of the Sth Principal ~!ertdtan; Thence
(An Assumed Bearing), along the East Line of said Southwest Quarter 230.00 feet,
to the Point of ~egt~ntng; Thence continuing NOO°S]'23"E along said East Lfne
of the Southwest ~uarter, g27.17 feet, to a Point which is $00.00 f~et southerly
o~ the Zntersection of said East Line with the Southerly Right-of-WaX Lfno of
iowa Prleary Road No. l, and ts the Southeast Corner of the tract of land
convexed to the City of Zowa City, Ioba, by Narranty Deed, Recorded in ~eedBook
$68, at Page 286, of the Re~ords of the Johnson County Recorder's Office; Thence
N8g,OB'37'W, 60.00 feet to' the Southwest Corner of said tract; ~hence
$00°5]'23"W, a~ong a line which is parallel ~tth and 60.00 feet Nesterly of said
East Line of the Southwest ~uarter ~33.6g feet, to the Southeast corner of Lot
], of Ruppert Subdivision, Part One, as Recorded in Plat Book ~7,'at Page
of the Records of the ~ohnson County Recorder's Office; Thence ~8g'08'37'~, along
the Southerl~ Line of said Lot ], 225.7] feet; Thence N4g's7'3g"N, 638.66 feet,
~o a Point on the Southerlx Right-of-way Line of Iowa Primary Road No. 1; Thence
$obthwesterl~ 8.8] feet, along said Southerly Rtght-of-Nax Line on a 223].g foot
radius curve, concave Southerly whose 8.8] foot chord bears S70.07']3"~, to a
Point which is 156.2 feet tadtally d~stant Southeasterly of the Centerline of
said Iowa Primary Road No. 1, at Station ]46+50; Thence S58.2]']8"N, along said
Southerly Right-of-Nay Line 330.50 feet, to a Point which is ~60.00 feet,
radially distant Southeasterly of said Centerline of Iowa Primary Road No.
at Station ]43+00; Thence S48']8'47"~ along said Southerly Right-of-Nay Line,
423.33 feet, to a Point ~htch is ~BO.00 feet, radially distant Southeasterly of
said Centerline of Zowa Primary Road No. ], at Station ]38+50; Thence
S44.00'45"W, along said Southerly Right-of-Nay Line, 220.30 feet, to a Point
which is on the Northeasterly Limits Line of the Existing Airport Clear Zone;
Thence S49'57'3g"E, along said Northeasterly Limits Line, 926.91 feet, to a Point
on the North Line of the Parcel conveyed to the City of Iowa City by Warranty
Deed, Recorded in Deed Book ]85, at Page 321, of the Records of the Johnson
County Recorder's Office; Thence N89.42'40"E, along said Northerly Line, 81].94
feet, to the Point of Beginning. Said tract of land contains 28.084 acres, more
or less, and is subject to easements and restrictions of record.
~e P~es agree ~h~ ~a Iowa City C~ ~lerk ~hail rec.d ~i~ Ame~ed ~l~anal
.1Sa8.
CITY OF IOWA CITY. IOWA
MORRIS CORPORATION
~V;.,..,,~,. - - .'
STAPLES. INC.
By:
MAFIRF~ CORPORATION
By: _
9$/gg/g0
4
ACt<h~DWLEDG£MF.J~T OF
N~ PubJl~ ~ a~d for ~ -
No~ Public in and for .aid Cou~ end State
ACKNOWLEDGEMENT OF MORRIS CORPaRATION
sTATE OF .__L--
)
COUNTY
On T~rll~ ~ dnv of , A.D, 18~, before m~, ~he undersigned, ~
and , to me peraon~lly ~nawn, who/
.
eald co~oratlon by mufilo~W of ]~ ~urd of Okaotom; and ~t th~ ~sJ~
~ as such officers ac~Owledged the execution Of e~]d ins{meant
~a :h;volunta~ act and dood of ~{d c~p~ra~on, by it and by ~em voluntarily executed.
hJo~a~ publi~-in 8r~l for s~id Counw ~nd StaTe
OlO,'/.OOl~ S/',TVA3 ,L~IOdNHAV(I 6:9{: 9i~ 909
~ /~:~ '96 10:3~ C..-OLD~TEIN ~ KRITZ
~6/28/96 05:40 ~3i~ 36~ 4AS!
/-~?-O~ 15~i3 F~OM.Ci~¥ o~ IOWA
SHIVE
P. 6x10
3
Dated this ~ day of
RANDALLS INTERNATIONAL
Th~ Parrios agree that the Iowa City C~ Clerk shall record this Ame~ed ~ndl~n~
Zoning Agraemont in the John=on Cou~ Rearms Offl~
CITY OF IOWA CITY, IOWA
BY:
N~oml ,~. Novl&k, Mayor
MORRIS CORPORAT|ON
STAPLES. INC.
MARRE[, OORI~ORATION
P.9/'10
ACKNOWLEDGEMENT OF STAPLES. INC.
COU.TY
O -. ~ - ' ~ ~
b~ng by me duly ewere, did iw~hlt~ly
,~ ,,, r~po~tlvoly, of seld oorpo~on ~a~ing the w~hin end foregoing instrument to
which ~le Is a~oh~, th~ (no seal has be~ ~ur~ by th~ ~id) oarpad, on; ~ said
~ ~ the v~lu~ ~o~ da~ of ~id oomoratl0n, by ~ and byth~ volu~grily lxaoutod.
STACEY E. ISRAEL
NotarY Public
My CommlSston ~xDires A~ri122,1999
Noth ng in this Amended Conditional Zoning Agreement in any way alters, amends or
modifies the original Conditional Zoning Agreement except as set forth above.
· . Iowa Ci City Clerk shall record this Amended Conditional
The Parties agree th. at !he. _ ty~ ...... D--,,rder's Office at Owners' expense.
Zoning Agreement in the jonnson ,~uu.w ,,o,-,~
ated this !6th day of .luly , 1996.
RANDALLS INTERNATIONAL CITY OF IOWA CITY, IOWA
By:
By: Naomi J. Novick, Mayor
MORRIS CORPORATION
By:
A'I-rEST:
Marian K. Karr, City Clerk
STAPLES, INC.
By:.
BANKS
MARREL CORPORATION
5
ACKNOWLEDGEMENT OF BRENTON BANKS
STATE OF IOWA )
) ss:
LI~ COUNTY )
On this 16th day of July , A.D. 19 9.__~6, before me, the undersigned, a
Notary Public in and for the State of Iowa , personally appeared
Charles G. Riepe ~ , to me personally known, who,
being by me duly sworn did say that ~_~ the senior vice presideattd'
, ~fi~/, of said corporation executing the with n and foregoing instrument to
which this is a~ached, that (no seal has been procured by the said) corporation; that said
instrument was signed (~a~) on behalf of (~~~
said corporation by authority of its Board of Directors; and that the said senior vice pre~ent
~ as such officers acknowledged the execution of stud instrument
to be the volunta~ act and deed of said corporation, by it and by them voluntarily executed.
~~{~S Notary Public in and for said County and State
ACKNOWLEDGEMENT OF MARREL CORPORATION
STATE OF )
) ss:
COUNTY
On this
Notary Public
day of
in and for the State of
and
,A.D. 19~, before me, the undersigned, a
, personally appeared
, to me personally known, who,
being by me duly sworn, did saythat 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-~e the voluntary act and deed of said corporation, by it and by them voluntarily executed.
Notary Public in and for said County and State
Goldstein & Kaitz
ATTibRN EY$
Ym. ~y!l£~
701 South ~alcon
Ben~vi!l~, ~o~ 72716
Re: Westport Plaza, Iowa Cl=y,
P. Z/Z
FRX NO. 914192488459 P..01
L~crd, Mo~is ~'~tly Co~oracion. for ~e~,~iu~, ~
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING
TER BY DESIGNATING 37
IOWA CITY
AS
as
these
and
WHEREAS, the Iowa City Preserva-
tion Commission has properties
for designation as Iowa City ;toric Land-
marks; and
WHEREAS, all properties have
', been determined to be hist , and/or archi-
~ tecturally significant, as by their
~inclusion on the N~ti Register of Historic
'x~laces; and
WHEREAS, Iowa Ci Historic Presorvation
encourages indentification and
~ation of indi~ ~ificant buildings
City Landmarks to preserve
Iowa City's past;
preserve
significant
sion and
have
recomn
is in the public interest to
'ically and or architecturally
ties; and
~nning and Zoning Commis-
listorical Society of Iowa
and have
! the proposed desig-
NO,~V, THEREFORE :~DAINED BY THE
ClT~/COUNCIL OF THE IF IOWA CITY,
IOWA:
SE¢CTION I AMENDMENT. de-
ribed properties are hereby to OHP,
istoric Preservation ()verlay Zone, ,d desig-
nated as Iowa City Historic L mdma, ;,'~pursu-
ant to Title 14, Chapter 6, "Zoning,' ~rti~e J,
"Overlay Zones," Section 3, 'Hist~m
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 Waldens
Subdivision 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 Windtern House, 604 Iowa Ave.)
Parcel 4. The north 58 feet of Lot 8, Block
59, Original Town Plat. (Commonly known as
the William 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
)riginal St. Mary's Rectory, 610 E. Jefferson
7. The west half of Lot 6, Block 47,
Ori inal Town Plat. as the
C. Nicking House, 41(; Market St.)
8. The north 90 of Lot 5, Block
Town Plat. known as
indhelm-Drews ,use, 410 N. Lucas
The north 4 feet of Lot 8 and the
~et of the )st 40 feet of Lot 7,
Plat. (Commonly
Printing House, 115 S.
Plat,
8, Oi
the S,
St.)
Parcel
north 49
Block
known as
Dubuquo St.]
Parcel 10.
Town Plat. (C(
Presbyterian
St.)
Parcel 11.
Town
thereof;
Original
plat thereof
Commencir
east half
east 10
west 10
of begin
at the
3, Block
thence
thence north
(Commonly
127-131 N. Linn
12. Commencing
Lot Ainthes
~nd 8, Block 86, Original
~only known as the North
Old Brick), 26 E. Market
~nd 2, Block 67, Original
to the recorded plat
]alf of Lot 3, Block 67,
)rding to the recorded
the following:
~west Corner of the
aforesaid, thence
80 feet, thence
feet to the point
as the Union
Parcel he southeast
corner of a portion
of Oat es' First and Second to Iowa
City, owa, according to the r plat
there running thence west alon the north
side Court Street, 102.1 feet t ~ce north
to the alleV to a point of the
northeast corner of said Lot A, east
along said alley 102.16 feet, thenc( 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 Meridian, Johnson County, Iowa,
Ordinance No.
Page 3
chence west, a distance of 292.7 feet to the
enter of Sand Road; thence south 28 degrees
ast, a distance of 622.91 feet; thence east, a
of 645.9 feet; thence north, a dis-
,ce of 550 feet to the north line of the south
quarter of said Section 22; thence west
of 645.65 feet to the point of beg
nin! containing 10 acres, subject to the ri
of of the road. (Commonly known
ister-Showers Farm
ParcE 15. Lots 7 and 8, Block 67, linal
Town (Commonly known as St
Church )d Rectory, 220 E.
The west 130 feet of Block
79, Ori,( I Town Plat. (Commor known as
the First C( 3gregational Church I N. Clinton
St.)
Parcel 17 Commencing
corner of
east 205 then
beginning, and
feet, then nortl
to the
the 8illingslev-Hi
Parcel 18. A
Extension of the ~
Iowa,
Lot 20, accordin
thence north 8
feet along the
of beginning,
west, 8.86
48'02" eas 103.45
degree, 2! 4" east,
8.87 fee thence south
.66 feet to th~
known as the
704 no St.)
Par( 19. Lots 7 and 8, )ck 62, Original
Tow Plat. (Commonly wn as Trinity
E;~i~ )pal Church, 320 E. St.)
ginning at uth
northeast corner of Bloc 66, Original
wn Plat, go west 95 feet, north 24
then east 50 feet, then 17 feet,
hen east 45 feet, then south 41 to the
point of beginning. (Commonly as the
George Van Patten House, 9 S. Linn
Parcel 21. Lot 9, 10, and 11, Block
First Addition. (Commonly known as :.D.
Close House, 538 S. Gilbert St.)
Parcel 22. All of Lots 3 and 4 and the
18 feet of Lots 5 and 6 of Block,
northwest
proceed
33 feet to the
then east 100
west 100 feet
, known as
.629 Melrose Ave.)
)n of Lot 20, Irish's
ds Addition to Iowa City,
the Southwest Corner of
:he recorded plat thereof;
rees, 48'02" east, 200
e of Lot 19, to the point
~grees, 05'08"
north 89 degrees,
thence south 01
3g an existing fence
39 degrees, 48'02"
of beginning.
House,
Ordinance No.
Page 4
Addition. (Commonly known as the Cla~'k
House, 829 Kirkwood Ave.)
Parcel 23. Commencing at Southwest
Corner of Outlot 3, Original Plat,
according to the recorded plat the 'eef, thence
north 195.5 feet, thence east 16C leer, thence
south 195.5 feet to the north lir of College
Street, thence west 160 feet point of
beginning; subject to right of over the
north 12 feet thereof, and furl subject to
easements and restrictions of if any.
(Commonly known as the Carson
House, 906 E. College St.)
Parcel 24. The south half
Original Town Plat,
plat thereot. {Commonly kr
House, 630 E. Fairchild SI
Parcel 25. The south
north 91 feet and
Lot
known as
!12 S. Clinton St
26. Lot 7,
Plat.
Parcel 1. The
feet of
Original
Letovsky-Ro
Parcel 28.
1, Block 82,
the recorded
the College
Parcel 29.
2,
known as t
Ave.)
Parcel Lot 9 in
of the ~rtheast
6, Block 30,
to the recorded
Nn as the Burger
;at and 2 inches of
inches of the west
Original Town Plat.
~e Opera House Block,
ck 74, Original Town
as the Jackson-
E. Fairchild St.)
45 feet of the east 50
feet of Lot 3, Block 37,
(Commonly known as the
515 E. Davenport St.)
cept the east 38.5 feet of Lot
inal Town Plat, according to
hereof. {Commonly known as
127 E. College St.)
~d the south 20 feet of Lot
urt Addition. (Commonly
House, 320 Melrose
~n Subdivision of part
of Section 16,
West of the Fifth
to the recorded
~vn as the A.W.
Townsh ~ 79 North, Ran
Princip Meridian. accord;
plat (Commonly kr
503 Melrose
31. The east 69 feet the north 110
on Outlot 2, Original \'fown Plat.
monly known as the Lindsay~House, 935
liege St.) , ~ , _
:el 32. The south 50 feet of L'~ts q ano
Block 11, County Seat Addition, a~cording
to the recorded plat thereof; also the s~th 50
feet of the platted north to south alley kithin
said Block 11, County Seat Addition adjacent
to and coincident with said 50 feet of Lo~x~X
Ordinaqce No.
Page 5
and Lot 5; also a portion of the platted
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
Clinton Street right of way and the west
of the platted Dubuque Street right of
Commonly known asthe Chicago,
Pacific Railroad Depot, 1 15 Wright St.
33. The east 22 feet of Lot 8,
Original Town Plat. {Commonly as
the Company Building, ,2 E.
Wa., St.)
34. The south 60 feet of Lot Block
30, hal Town Plat. (Commonly as
the klan Association 524 N.
Johnson
north 74 fee
Plat
{Commonly
207-215 E.
Parcel 36. The
J.W. Clark
Summit Apartment
St.)
Parcel 37. Lots 1
Town Plat accordir
thereof;
Original Town Plat,
plat thereof, excepti
Commencing at tl
3andthe east; :eat of the
Block 65, ipal Town
to the recorde plat thereof.
as the PaL elan Building,
ngt0n St.)
of Lot 26, J. &
known as the
g, 228 S. Summit
2, Block 67. Original
the recorded plat
of Lot 3, Block 67,
to the recorded
the following:
Corner of the
resaid. thence
feet, thence
to the point
as the
!3 N. Linn
east half of Lot 3, lock 67,
east 10 feet, south
west 10 feet, ice north
of beginning. Commonly
Economy g Building,
St.) /
SECTION ~f. ZONING MAP. The Iding
Official is/hereby authorized and di~ ~ to
change t,~e zoning map of the City of I, ,a
Citv, Io~a, to conform to this amendment u
the final passage, approval and publication
this ~'~dinance as required by law.
SEC'FiON III. CERTIFICATION AND RECORD-
ING/' The City Clerk is hereby authorized and
directed to certify a copy of this Ordinance for
rg~:ordation in 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-
i sions of this Ordinance are hereby repealed.
Ordinance No.
Page 6
SECTION V. SEVERABILITY. If any sectio
~rovision or part of the Ordinance shall
iudged to be invalid or unconstitutional,
~n shall not affect the validity
O~ a whole or any section, prc sion
or : thereof not adjudged invalid or ur )nsti-
Vl. EFFECTIVE DATE. Ordi-
in affect after its passage,
approval publication, as , law.
Passed approved this
MAYOR
ATTEST:
City
City of iowa City
MEMORANDUM
Date:
To:
From:
Re:
July 11, 1996
City Council
Scott Kugler, Associate Planner
Proposed Iowa City Historic Landmark Designations
At the July 2 public hearing regarding this item, the Council had a number of questions
regarding the Historic Preservation Commission's attempts to notify property owners of
the proposed historic landmark designations. including the letter sent on July 8 at your
request, the Commission has sent five letters notifying the individual property owners of
the proposal, and one press release. Articles have appeared in the Press Citizen, the
Gazette, the DaiJy lowan, and ICON. The notification letters sent to the individual property
owners are attached for your review.
iowa City Historic
Preser. vation
1982
November 21, 1995
Dear National Register Property Owner:
The City Council has recently adopted legislation which allows the Historic Preservation
Commission to propose the designation and protection of local historic landmarks. The
Commission is investigating the possibility of designating all of Iowa City's National Register
properties as local historic landmarks. Nomination of the first series of landmarks is expected
within the next few months. All nominations proposed by the Commission are subject to City
Council approval. As ah owner of property listed on the National Register, the Commission
is interested in hearing your views on the subject. The Commission will be discussing this
issue at its December 12, 19915, meeting. You are invited to attend that meeting, to be held
in the Civic Center Lobby Conference Room, 410 E. Washington Street at 5:30 pm, or submit
your comments in writing in advance.
Since 1982, the Iowa City Historic Preservation Commission has been hard at work promoting
Iowa City's heritage through the identification and designation of local historic districts. To
date, four local historic districts have been designated: South Summit Street, Woodlawn
Avenue, Brown Street, and the Moffitt Cottages on Muscatine Avenue. Additional potential
historic districts have been identified and may soon be proposed.
If a property is designated as a local historic landmark, exterior alterations to the property that
require a City permit will be subject to design review approval by the Historic Preservation
Commission - the same protection that properties within local historic districts receive. The
Commission applies nationally accepted standards for historic rehabilitation when reviewing
proposed alterations to designated properties. Although the Commission has never denied an
application, in some cases plans have been modified so that the proposed changes would be
in keeping with the historic integrity of the property. In fact, the Commission has often
provided free design assistance to help refine projects presented before them.
In addition to the honor of having a building recognized as being significant to Iowa City's
history, there are also other benefits associated with having a property designated as a local
historic landmark. Owners of local landmarks will be eligible to display a plaque on their
property recognizing it as a local historic landmark. There are certain provisions of the City's
building and zoning codes, such as parking requirements, that can be relaxed or waived for
designated historic buildings. The Commission will soon be investigating other code
November 21, 1995
Page 2
provisions that could be relaxed to assist property owners when rehabilitating designated
historic properties, The Commission also hopes to work with the Johnson County Historic
Preservation Commissipn to establish a property tax exemption program to'assist in the
rehabilitation of designated historic properties,
One advantage to having your property designated along with the rest of the National Register
properties during the first series of nominations is that there will be no additional information
needed to justify the historic importance of the property, The first series of landmarks will
be proposed based on their inclusion on the National Register of Historic Places, Future
designations will likely require additional research and justification of the historic importance
of the property before being nominated,
The C~nmission would like to hear your views regarding the designation of ;/our National
Register property as a local historic landmark. Please forward any comments or questions by
December 1 ;~, 1995, to the Iowa City Historic Preservation Commission, 410 E. Washington
St,, Iowa City, Iowa 52240, or call me at 351-5610, or the Commission's staff person, Scott
Kugler, at 356-5243. The Commission looks forward to hearing your comments.
Sincerely,
Douglas S. Russell,
Chairperson, Iowa City Historic Preservation Commission
EnG.
QUESTIONS & ANSWERS
ABOUT
HISTOk;tIC DISTRICTS AND HISTORIC LAA'DMARK DESIGNATIONS
Q~
Q:
Q:
A;
What is a historic district?
A historic district is an area that contains contiguous pieces of property under
different ownership which:
are significant to American history. architecture. archaeology, and culture
or Iowa City history. architecture. archaeology and culture.
2. possess integrity of location, design, setting. materials and workmanship,
are associated with events that have made a significant contribution to our
history or are associated with the lives of persons significant in our past,
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
5. have yielded, or may be likely to yield, information important in history.
What is a historic landmark?
A historic landmark is an individual building, structure, object. archaeological
site. area of land, or element of landscape architecture which meets the criteria
listed above for historic districts. and is designated as a historic landmark by the
City Council.
What added regulations are there if my property ta designated as a historic
landmark or is located in a historic district?
When an owner of a designated building wishes to make exterior alterations,
which require a building permit, a demolition permit or a moving permit, a
certificate of appropriateness is required. ^ certificate is issued after the
Commission has reviewed the project and has detem~ined that the proposed
changes are in keeping with the character of the property and the surrounding
disLrict. The Commission evaluates each project using the Secretary of the
lnterlor's Standards for Rehabilitation (February. 1990). The review process
generally takes less than two weeks. For projects which do not require a building
permit, such as painting, the installation of gutters or routine maintenance, no
certificate is required.
Q: Who are the Historic Preservation Commissioners?
A:
The seven commission members are citizen volunteers from Iowa City who have
been appointed to three year terms by the City Council. They are residents of a
historic district or they have some expertise or experience in history, architecture.
building construction, archaeology. or other related field. Any citizen can apply
to become a member of the Historic Preservation Commission as vacancies arise.
Does the Historic Preservation Commission have a track record of approving
or disapproving applications for certificates of appropriateness?
A;
Since the Commission was created in 1982, the Commission has never denied a
cer'dficate. In some cases, the Commission has worked with individuals to revise
theh' plans so that proposed alterations are appropriate and in keeping ~vith the
character of the property and the surrounding district.
Q: How long will it take me to obtain a "Certificate of Appropriateness"?
A;
No applicant will have to wait longer than 30 days before a decision is made by the
Historic Preservation Commission. The Commission meets on the second Tuesday
of each month. Meetings may be scheduled more frequently provided the demand
for Certificates of Appropriateness warrant additional meetings.
If I don't like the decision of the Commission regarding my remodeling
project, what can I do?
A:
Decisions regarding historic districts and landmarks may be appealed to the City
Council.
Q;
If my property is designated by the City as a historic landmark, or lies within
a h/storlc district, will I have to fix it up or restore it?
A:
No. Having a property designated does not prevent private property owners from
making changes or force owners to make improvements to their property. It does
not limit the use of the building, require owners to erect plaques, or to make the
property accessible or open to the public.
Q: Are there any restrictions on the sale of a property In a historic district?
A: No.
Q;
Are there any restrictions on whether my house or property can be rented or
leased?
A: No.
Q:
Will the City tell me what color I may paint my house?
No. Panting is not subject to review by the Historic Preservation Commission.
If my property is designated, will I have to get permission of the Commission
to landscape the property or erect fences?
A: No.
Q:
'A:
Q:
What good does it do me if my property is located in a historic district?
District designation would protect you from inappropriate, neighborhood busting
development of property adjacent to yours. It my also help to increase the value
of your property and make funding available for renovating yo/2r building.
Will the value of my property decrease or increase if designated?
Many considerations detei n~ine the value of a home, but locally and nationally
designated and protected properties have proven to increase in desirability and
value.
Q:
If my house is designated as a historic landmark or is in a historic district do
I have any special privileges?
A.'
Yes. You help increase the public awareness of historic buildings and promote a
sense of pride In past achievements. Historic districts offer protection from
inappropriate demolitions, alterations or construction by a neighbor. In the past
Federal and State grants have targeted older houses, and particularly older houses
that help make up a historic district.
Q:
Are there any tax advantages for owtdng a designated historic prope~'ty?
The State Legislature passed a tax abatement law. It allows counties to hold back
increases in property taxes resulting from renovation. This law has not yet been
enacted by the Johnson County Board of Supervisors.
If your property is a commercial or rental property and is added to the National
Register of Historic Places, you may apply for tax credits for restoration work.
quest.hp
November 1995
I HOCF-,SS FOR DESIGNATION OF A HISTORIC DISTRICT
OR HISTOIRIC LANDMARK
Historic Preservation Commission prepares background and survey information concerning significance
of an area, building or site to American and Iowa City history. archaeology and culture. Including
information concerning integrity oflocatlon. design. setting, materials and workmanship; association with
lives of persons significant to our past; distinctive characteristics of types of construction: and possible
yield of information important in history.
Advance mailing of notice to all property owners in the proposed historic district or the owner{s) of the
proposed historic landmark advising them of a public hearing.
Historic Preservation Commission holds a public hearing on proposed historic district or landmark
designation.
Historic Preservation Commission report recommending designation of a historic district o~ landmark is
submitted to the Planning and Zoning [P&Z} Commission.
Copy of report is submitted to Iowa State Historical Society. Comments from Iowa State Historical Society
must be received before action is taken by P&Z.
Within 60 days of receiving the report from the Historic Preservation Commission and comments from
the Iowa State Historical Society. P&Z shall submit its recommendations to the City Councfi.
a. PaZ may approve. disapprove or modify the proposed designation.
b. P&Z must notify Historic Preser~aUon Commission of modifications.
c. If P&Z modifies, the City shall forward modifications to Iowa State Historical Society for review.
Iowa State Historical Society comments must be received by the City before a public hearing before
the City Councfi is held. Such comments must be availablc for public review.
The City Council provides notice of hearing and conducts a public hearing on an ordinance to designate
a historic district or landmark.
The City Council may adopt. reject or refer the proposal to the Historic Preservation Commission
for modification.
If the Council refers the matter back to the Historic Preservation Commission for modification. the
requirements of paragraphs 2 through 6 must be repeated.
Note: For further details. refer to Chapter 4. article C. Historic Preservation Regulations. Iowa City Code of
Ordinances. Section 14-4C-5 empowers the Commmsion to conduet studies for ldentification and designation
of historic districts and historic landmarks on Its own initiative. Section 14-4C-6 provides for the procedures
for designating historic and conservation districts and historic landmarks. Section 14-4C- 10 provides for simple
nilsdemeanor and nuisance sanctions to enforce these code sections.
ppdadmin\hpoz.dsg November. 1995
Iowa Ci :y Historic
Preservation
410 E, Waehln~o~ $t40 ~
_~.Comml$s~01~ FOUNDED ,o~ c,ty, ~ o~
March 22, 1996
Re: Notice of PublicJ-iearing Regarding Proposed Iowa City Historic Landmark Designations
Dear National Register Property Owner:
The Iowa City Historic Preservation Commission has initiated the process to nominate the first
series of Iowa City historic landmarks for designation by the City Council. The first series is
proposed to include those properties that are listed on the National Register of Historic Places,
but are not located within a designated Iowa City historic district. A list of the prdperties
proposed to be nominated for designation is enclosed. A public hearing will be held at 10:00
a.m., Saturday, Mamh 30, 1996, in the Civic Center Council Chambers, 410 E. Washinoton
Street, for the Commission to receive public input on the proposed nominations. As an owner
of one or more of the properties proposed for designation you are being notified of the
upcoming public hearing.
If nominated by the Historic Preservation Commission, the proposed designations will be
reviewed by the Planning and Zoping Commission, which will forward its recommendation to
the City Council. You will receive written notice of the time and place of the Planning and
Zoning Commission meeting. The City Council will also hold a public hearing on the proposed
designations. Notice of the City Council public hearing will appear in the Press-Citizen and
on the City Council meeting agenda. If you are interested in attending the Council public
hearing, please check these sources or call the Planning Department at 356-5243 for
information about the date of the public hearing.
If you have any questions concerning this process or if you would like additional information,
please do not hesitate to call me at 351-561 O, or the Commission's City staff person, Scott
Kugler, at 356-5243.
Sincerely,
Douglas S. Russell
Chair, Iowa City Historic Preservation Commission
Enc.
April 25, 1996
I
CITY OF I0 V/A CITY
Dear Property Owner:
The Iowa City Planning and Zoning Commission has received a recommendation from the
Historic Preservation Co.mmission nominating 37 properties within Iowa City for designation
as Iowa City historic landmarks. A list of these properties and a location map is attached.
The Commission will receive public input on the proposed designations at a formal meeting
to be held at 7:30 p.m., Thursday, May 2, 1996, in the Civic Center Council Chambers, 410
E. Washington Street, Iowa City. As an owner of one or more properties being considered
for designation, you are being notified and invited to attend the formal meeting to present
your views concerning this application, either verbally or in writing. You may also attend the
Commission's informal meeting, but public discussion is generally limited to the formal
meeting. Tha informal meeting will be held at 7:30 p.m., Monday, April 29, 1996, in the
Senior Center Classroom, 28 S. Linn Street. Please use the Senior Center entrance on
Washington Street.
Following the Planning and Zoning CommissioNs review, the City Council will hold a public
hearing on the proposed designations. The date of this public hearing has not yet been
established. Notice of the hearing will appear in the Press-Citizen and on the City Council
meeting agenda. If you are interested in attending the public hearing, please check these
sources or call the Planning Department at 356-5243 for information about the date of the
public hearing.
In some cases, neighboring property owners who object to the rezoning proposal may wish
to submit a protest petition to the City Council. Information concerning the procedure for
submitting a protest petition is enclosed.
If you know of any interested parties who have not received a copy of this letter, we would
appreciate it if you would inform them of the time and place of the Commission's meetings.
If you have any questions concerning the proposed designations or if you would like additional
information, please do not hesitate to call 356-5243.
Sincerely,
Scott Kugler
Associate Planner
Encs.
EAST WASHINOTON STREET · IOWA CITY. IOWA ~2Z40-l~26 · (319! 356-$000 · FAX (~191 356-J009
FORMAL PROTEST OF A REZONING ACTION
If'you wish to formally protest the rezoning of a property, you must submit a written protest,
which is signed and notarized, to the City prior to the closing of the Public Hearing before the
City Council on the rezoning issue. The protest should state your objections to the specific
rezoning under consideration and should include your address. Protest forms may be obtained
at the Office of the City Clerk, Civic Center, 410 E. Washington Street.
Under Iowa law, if the owners of 20% or more of the area of property included in the
proposed zone change or the owners of 20% or more of the area located within 200 feet of
the exterior boundaries of the affected property protest the rezoning, the zone change may
only occur with a three-fourths majority vote (6 of 7 members) for approval by~ the City
C~uncil.
1owa City I'ilstoric
Preservation
'~ ' -- 410 E, Wa~tlnB'~. St.
Re: Notice of Public Hearing Regarding Proposed Iowa City Historic Landmark Designations
Dear National Register Property Owner:
The Iowa City Historic Preservation Commission has nominated the first sedes of Iowa City
historic landmarks for designation by the City Council. The Planning and Zoning Commission
reviewed the nominations at its May 16 meeting and has recommended approval.
The first series of historic landmarks is to include those properties that are listed on the National
Register of Historic Places, but are not located within a designated Iowa City historic district. A
list of the properties nominated for designation is enclosed. The CIty Council will hold its public
hearing on the I~roposed desl_clnatlons at its Julv 2 meeting, beqlnnlnq at 7:00 I~,m, In the
Civic Center Council Chambers, 410 B, Washln.qton Street. As an owner of one or more of
the properties proposed for designation you are being notified of the upcoming public hearing.
If approved by the City Council, the subject properties will be designated as Iowa City Historic
Landmarks and regulated under City Code Title 14, Chapter 4, Article C, Historic Preservation
Regulations. The Commission previously forwarded information to you explaining what effect
designation as a historic landmark has on a property. Please refer to this information if you have
questions, or call the numbere listed below.
If you have any questions concerning this process or if you would like additional information,
please do not hesitate to call me at 356-5610, or the Commission's City staff person, Scott
Kugler, at 356-5243.
Sincerely,
Douglas S. Russell
Chair, Iowa City Historic Preservation Commission
EriC.
tpl-1
CITY OF I0 WA CIT]
July 8, 1996
Dear National Register Property Owner:
The Iowa City City Council has requested that the Historic Pceservation Commission contact
you one more time to give you the opportunity to express your opinion about the proposed
designation of your property. as part of the first series of Iowa City Historic Landmarks. The
Council will be taking its first vote on the proposed designations at its meeting of July 16,
1996.
If you would like to express your opinion about the proposed designations, please forward a
letter to the City Council at 410 E. Washington St., Iowa City, Iowa, 52240, or call me at
356-5243, prior to the Council's work session of July 15. Thank you for your prompt
consideration of this matter.
Sincerely,
Scott Kugler
Associate Planner
410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240- 1526 · (319) 3~6-5000 · FAX (319) J$6.~009
;
Dwatn C./lu Kay F. Rosenberger
1720 N. Dodge St.
Iowa City, Iowa 52245-9588
July 10~ 1996
Iowa City City Council
410 E. Washington Street
Iowa City, Iowa 52240
Dear Council Members;
We are the current owners of the property at 630 East Fairchild that has been included on the list of Proposed
Iowa City Historic Landmarks by the Iowa City Historic Preservation Commission.
We oppose the designation of this properly and the other propedies listed, because we feel that the property
owners should not be under any additional review, for improvements and or changes to the property, than any other
property owner in the City of Iowa City, asthe Histodc Preservation Commission has proposed.
Also thero is no benefit to the properly owners to have their properties designated, as the commission suggest,
property values in Iowa City are determined by market values, not by being designated as a historic landmark. If
they were, you would have a long line of properly owners requesting this designation for their property.
Thank you for your consideration with this request.
PREUCIL
SCHOOL
of MUSIC
Doris Preucil, D~rector
Member
National Guild of
Community Schools
of the Arts
RECEIvE~ JU£ 1 1 ~§g§
Mr. Scott Kugler
410 E. Washington St.
Iowa City, IA 52240
July 10, 1996
Dear Mr. Kugler,
The Preucil School of Music is pleased to have our property designated
as an Iowa City Landmark. Thank you for your consideration.
Sincerely,
Doris Preucil
Director
524 North Johnson St.
Iowa City, Iowa 52245
Phone (319} 337-4156
RECEIVEB JUL 0 8 199i5
July 8, 1996
3733 Rohret Road
Iowa City, IA 52246
City Council of Iowa City
Civic Center
410 E. Washington Street
Iowa City, IA 52240-1826
Dear Council:
Concerning Brown Street, the historical society associated with it,
and relevant Council actions. It appears to us that one older citizen
who objected to the grand plan which told him what he could or
couldn't do with his house was hassled, overpowered and outvoted
by his friends and neighbors to the point where there should have
been a real concern that the stress might kill him.
We would suggest that this man should have been treated as a
treasure of Iowa City's past with his words and deeds recorded, and
left to live his remaining years in peace.
It seems that you are about to do it again. Another Brown Street. If
you insist by ordinance that a street or an area be declared a
historical site, then you add a kind of encumbrance - a liability which
does not prohibit the passing of title but diminishes that properry's
value. Certainly to the owner, because you will have limited his
exclusive right to possess, use, and dispose of that property. It will
be his property in a much diminished sense. His home is your castle.
Even the exercise of eminent domain (legal land grab) is limited in
the Fifth Amendment by a requirement of just compensation. We
have heard nothing of compensation. As for those home owners who
beg and beg to be left alone, be aware that you will have placed the
city's hands in pockets where they perhaps do not properly belong.
We hope that it is possible to not make the same mistake twice.
We would further suggest to those people who do most honestly
wish to preserve the artifacts of local history that they should honor
our history in ways that do no grievous harm to our living, breathing
citizens before they pay homage to dead sticks and stones.
Sipo~erely, ~ /fi
Charles and Doris Lisle
12 July 1996
City Council
410 E. Washington
Iowa City, IA 52240
Dear Councilors:
We would like to urge you to support the Iowa City Landmarks
proposal that has been designed by the Historic Preservation
Commission. As you know, the designated properties are all on
the National Register of Historic Places, which recognizes the
significance of these structures both architecturally and his-
torically. These buildings are.some of the buildings that have
been important to Iowa City's h~story.
Unfortunately, the National Register does not protect these
buildings from either insensitive additions or facade changes,
and the buildings are also not protected from uncalled for demo-
h '
lition. T e HPC s proposal would mean that these buildings would
be reviewed by the HPC if exterior alterations were to be made or
if the owner wanted to destroy the building.
Fortunately, most of these buildings are owned by people who
see themselves as stewards and as caretakers of the buildings and
of Iowa City's history. However, there is nothing to stop those
owners who purchased the buildings strictly as an investment from
destroying them or altering them in insensitive ways. It is
for the public good that the' alterations and demolitions be
reviewed by the HPC. This is not too great a burden when we're
talking about our City's history and its landmarks. The owners
of these buildings need to understand that these buildings belong
to all of us in a way~ and that the decisions that they make have
a long term impact on the community. Frankly, this ordinance
should keep people who don't view themselves as stewards from
purchasing them in the future. Owners may come and go, but the
buildings should remain.
This ordinance isn't anymore difficult than it is for those of us
who live in an historic district. ~e have to jump through an
extra hoop, but we know and understand that that hoop is part of
our responsibility to the greater good of the community. Surely
it is no great hardship to ask owners of National Register proper-
ties to feel the same sense of responsibility.
Best wishes,
Lowell and Paula Brandt
824 N, Gilbert St.
DEFEATED
Prepared by: Scott I(ugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA ,52240 (319)356-524-3
ORDINANCE NO.
ORDINANCE AMENDING THE ZONING CHAP-
TER BY DESIGNATING PROPERTY LOCATED
AT 332 E. WASHINGTON ST. AS AN IOWA
CITY HISTORIC LANDN~ARK.
WHEREAS, the Iowa City Historic Preserva-
tion Commission has nominated a p.'operty
located at 332 E. Washington Street for
designation as an iowa City Historic Landmark;
and
WHEREAS, the nominated property has been
determined to be historically and architecturally
significant, as evidenced by its 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 City 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 proporties; and
WHEREAS, the Planning and Zoning Commis-
sion and the State Historical Society of Iowa
have reviewed the nomination and havo
recommended approval of the proposed desig-
nation.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I AMENDMENT. The following de-
scribed property is hereby rezoned to OHP,
Historic Preservation Overlay Zone, and desig-
nated as an Iowa City Historic Landmark,
pursuant to Title 14, Chapter 6, "Zoning,"
Article J, "Overlay Zones," Section 3, "Historic
Preservation Overlay Zone":
The east 22 feet of Lot 8, Block 61, Original
Town Plat. (Commonly known as the Boerner-
Fry Company Building, 332 E. Washington 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 conform to this amendment upon
the final passage, approval and publication of
this Ordinance as required by law.
SECTION III. CERTIFICATION AND RECORD-
ING. The City Clerk is hereby authorized and
directed to certify a copy of this Ordinance for
recordation in 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.
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 VI. EFFECTIVE DATE. This Ordi-
nance shall be in effect af'(er its final passage,
approval and publication. as provided by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Ordinance No.
Page
DEFEATED
It was moved by and seconded by
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
that the
First Consideration 7/16/96
Vote forpassa~e:AYES: Baker, Kubby, Norton, Novick.
Thornb~rry,-1/anderhoef. ABSENT: None.
Second Consideration
Vote for passage:
Date published
NAYS:
Lehma
Prepared by:
/
er. Assoc. Planner, 410 E. Washington St., Iowa CiW, IA 52~0 (319)356-5243
ORDINANCE NO.
'INANCE AMENDING THE ZONING
DESIGNATING PROPERTY
AT E. WASHINGTON ST. AS AN
CITY IRIC LANDNIARK.
the Iowa City Historic I rva-
tion )n has nominated }roperty
located at E. Washington for
designation Landmark;
and
WHEREAS, , has been
significant, as evidenced inclusion on the
National Register of Places; and
WHEREAS, Iowa City' ,, Preservation
Plan encourages tl' ation and
designation of indivi¢ buildings
as Iowa City preserve
these resources m ~/'s past;
and
WHEREAS, in the public to
preserve and or
significant p~ and
WHEREA the Planning and Zonin
sion and State Historical Society of
have the nomination and
recomn approval of the proposed desig-
nation
N£ THEREFORE, BE IT ORDAINED BY THE
)UNCIL OF THE CITY OF IOWA CITY,
S )N I AMENDMENT. The following de-
propertv is hereby rezoned to OHP,
Preservation Overlay Zone, and desig-
nated as an iowa City Historic Landmark,
~ursuant to Title 14, Chapter 6, "Zoning,"
Article J, "Overlay Zones," Section 3. "Historic
Preservation Overlay Zone":
The east 22 feet of Lot 8, Block 61, Original
Town Plat. {Commonly known as the Boamar-
Fry Company Building, 332 E. Washington St.)
SECTION II. ZONING MAP. The Budding
Official is hereby authorized and directed to
change the zoning map of the City of Iowa
City, Iowa, to conform to this amendment upon
the final passage, approval and publication of
this Ordinance as required by law.
SECTION III. CERTIFICATION AND RECORD-
ING. The City Clerk is hereby authorized and
directed to certify a copy of this Ordinance for
recordation in the Office of the Recorder,
Johnson County, Iowa, upon passage 'and
approval of this Ordinance.
SECTION IV. REPEALER, All and
parts of ordinances in conflict with )rovi-
sions of this Ordinance are hereby re
SECTION V. SEVERABILITY. If section,
~rovision or part of the shall be
~d to be invalid or such
dication shall not affect of the
~ance as a whole or any s provision
thereof not adjudgedi~ ~1id or unconsti-
approval
Passed
Vl, EFFECTIVI This Ordi-
be in effect its final passage,
publicati¢ as prowded by law,
MAYOR
ATTEST:
CITY CI
Ci'
/
ORDINANCE NO.
AN ORDINANCE TO ANIEND TITLE 14, CHAPTER 6E, "ZONING," ARTICLE J "OVERLAY
ZONES" BY G A NEW SECTION 5, ENTITLED "DESIGN REVIEW OVERLAY ZONE
(ODR)" OF THE CODE.
WHEREAS, the
design review
other urban design
Neighborhood, and
WHEREAS, the City
the designation of design
Southside Neighborhood.
NOW, THEREFORE, BE IT O
IOWA:
SECTION I. AMENDMEN'
14-6J-5: DESIGN REVIEW
Iowa City deems it necessary and appropriate to est~
and guidelines to use when evaluating ects and
projects in the central business district and the Southside
it in the public interest to establish enabling
view districts in the central business d
islation to allow
and the Near
BY THE CITY COUNCIL
ZONE
A. PURPOSE AND INTENT: The ~rpose of this Artic
1. Promote the public safety and
City.
welfare of the citizens of the
o
Promote orderly community
encourage both harmonious
and enhance property values, and
design.
Protect and enhance the
aesthetic development of th
Neighborhood.
cultural, economic, environmental, and
business district and the Near Southside
Recognize and
planning process with the central
Neighborhood.
design as an integral part of the
district and the Near Southside
Recognize that la
for the health,
comfort and
These objecti
government
reg )ese objectives provide not only
and general welfare 3e citizens, but also for their
and for the beauty balance of the community.
are, therefore, the proper and ]cessary concerns of local
B. DEFINITIONS: Jsed in this Zone, the following
apply:
APPLICATION: A w
Committee for a ce~
by a property owner or their agent
of appropriateness.
Design Review
Ordinance No.
Page 2
CERTIFICATE OFAPPROPRIA TENESS: The document which evidences a
Review Committee of a proposal to make a compatible change in exteri~
building or real property within a design review district. This certific~
before a building permit, sign permit, or other regulated permit may
the Design
)earance to a
must be secured
of appro;
ordinary maintenan,
MATERIAL EFFECT: The document which
lot required for exterior alterations or co~
)air even if a regulated permit is
ences that a certificate
which consist of
rwise required.
Any change or alteration of th~ .flor features of a building or
change or alteration ; exterior appearance of real within a design review district.
This definition shall in only to changes in exterior ~nce which are visible from the
public way and for whicl' a building, sign or other regL permit is required for compliance
with applicable City Furthermore, nothing this definition shall be construed to
prohibit or limit normal whic do not involve alterations or changes in
the exterior features of a ilding or real and for which no regulated permit is
required.
COMMITTEE: The Desig
Committee
by Resolution of the City Council.
DESIGN REVIEW DISTRICT:
property under diverse ownership,
which contains contiguous parcels of real
portions of which:
(a)
are expressive of the defining ar
which give evidence to the ph
area;
tectural and other physical and aesthetic properties
of Iowa City and unique features of the
(b) lack any defining physical ~r aesthetic c
wishes to establish such/ualities.
DESIGN REVIEW REPORT: Th~ Design review
the existing characteristics ,~r the desired
Following consultation w~th,'d~stnct property owners
boundaries of the district anbl identifies, locates,
of existing architectural features or the creation of definin
to be used in the review ~f regulated permits are also
GUIDELINES OF A DESI~N REVIEW DISTRICT: Guidelines
basis and relate to issues of compatibility with existing
creation of defining ar~hitectural features. Guidelines shall be
issuance or non-issuance of certificates of appropriateness.
REGULATED PERMIT: A permit issued by the Building Official, or
according to the provisions of (1) the Uniform Building Code or (2) "Si!
Chapter.
alities but constitute areas in which the City
in general and specific terms
istics of the design review district.
~d residents, the report defines the
and characterizes the prevalence
architectural features. Guidelines
~nents of the report.
~plied on a district-by-district
~rchitectural features or the
~d to consideration of the
official of the City,
:egulations" of this
Ordinance No.
Page 3
C. PROCEDURES FOR DESIGNATION OF DESIGN REVIEW OVER (ODR) ZONE:
hearing
Review
matter of
ag
days before
mail
zone at the pr~
property owner
addressed
Report by Design Review Committee; Hearing: The I:
must make a report recommending that an area b,
The proposed area under consideration must
houri, ,d by Iowa Avenue on the north,
Railway mainline on the south, an
Befor6 ~ny report or
ion for review, the Design Revi,
any proposal to designate an
shall give prior riotic
;h hearing, which notice
the City at
hearing.
~ each property
erty owner's
unknown,
at the s
this public heari~
Planning and Zoning
establishing such ODR
district, and outlining
Review Committee
hated an ODR zone.
located within the area
on the east, the Iowa
Street on the west.
the Planning and Zoning
Committee shall hold a public
as an ODR zone. The Design
the time, date, place and subject
]ublished in a newspaper having
but not more than twenty (20)
Su ~ notice shall also be served by ordinary
land included in such proposed ODR
known address. If the address of any
ch notice shall be served by ordinary mail
address of the property in question. After
Committee shall submit its report to the
and shall include a proposed ordinance
;, describing the boundary for the design review
,s~gn guidelines for the design review district.
Planning and Zoning C~
days of receiving th, report
Review Committee ~e
recommendations the City
relates to the )rehensive
Within sixty (60) calendar
the proposed ordinance from the Design
and Zoning Commission shall submit its
cil based on how the proposed district
Zoning Ordinance, proposed public
improvements ar
Planning and Zc
modification of
Planning and
period, which
other plans for the ewal of the proposed district area. The
Commission ecommend approval, disapproval or
ODR zone. submission of the report of the
Commission or upon expiration of the sixty (60) day
is earlier, transmitted tothe City Council.
The Design ;view Committee shall be of any modifications to the
proposed O~R zone recommended by the and Zoning Commission.
Non-conct~(rence: In the case of non-concurrenc~ the Commission
and the C~6mmittee, the reports of both bodies shall forwarded to the City
Council fJ)r recommendation.
/
Public I~earing and considerations of City Council: Upon rec~iving the recom-
mendations of the Planning and Zoning Commission, the proposed ordinance,
and tl-)/e report of the Design Review Committee on the proposed designation
of an/area as a design review district, the city council shall provide notice for
and ~onduct a public hearing on an ordinance establishing the proposed design
revitw district. The council may approve, modify or disapprove this ordinance
Ordinance No.
Page 4
proposal without further consultation with the Planning and Zoning Commission
or the Design Review Committee.
APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS:
Certificate Required: No person shall undertake a change in appearance as
defined in this Section, unless a certificate of appropriateness or a certificate
of no rr(aterial effect has been granted. j'
of Certificate Issuance:
ao
i'icate of No Material Effect: A Certific
be issued when, in the opinion of
;d alteration or construction requirir
of ~ry maintenance or repair that
exterior chitecture and generaldesign
or color.
of No Material Effect
~g Official, the
~ermit consists
not involve changes in
ement, texture, material,
Upon of an application
the Building cial shall determ
staff receives completed al
Effect should be ed. If, aft
that a Certificate
Official shall issue
both the applicant
permit may then be is
applicable City Codes.
Certificate of No Material Effect,
five (5) working days after
lication if a Certificate of No Material
the Building Official determines
Effect should be issued, the Building
of No Material Effect and shall notify
Design Review Committee· A regulated
~ed if the project complies with all other
If the Certificate of N
notified within two,
shall be forwarded
Certificate of App~
the Desi
Effect is denied, the applicant shall be
ays of the decision and the application
Review Committee for review for a
Certificate of A
applied for wh~
alteration or cc
a Certificate
Design Guidelines
adopted by ordina
for each design
certificate of apr
~riateness: A icate of Appropriateness shall be
in the opinion Building Official, the proposed
on will result in lange of appearance or when
No Material Effect is
~r Review of Applications: D~e~gn guidelines shall be
by the Design Review Committ~e~and the City Council
district, and shall apply to all'l~,operty requiring a
~riateness in each district.
4. Certificate of
~riateness Review Process:
Prelimi~
hess,
Revie
Review: Prior to application for a certificate of appropriate-
may request preliminary review by the Design
; basic intentions and plans before investing
Ordinance No.
Page 5
time in detailed designs. Preliminary review is not required but
recommended for large or complex projects. The applicant is encour-
aged, but not required, to submit the application materials listed in
Section 14-6J-4E of this Article.
Final Application and Review:
1 ) Application Submission:
An applicant has the opti~ for a certificate of
appropriateness at the ,' al~p]icant applies for
a buildin~l permit or ~ before the applicant applies
for a buildinq perm In either instance, a certificate of
appropriateness : be issued prior to the issuance of a
buildin.q permit.
the certificate
advance of
to avoid d~
schedule.
)licant is encoura.qed to schedule
appropriateness process far enouqh in
building permit application process so as
in the applicant's desired construction
Applic] for a certificate of appropriateness shall be
to the Building Official for design review
All applications for a certificate of appropriate-
shall be received at least seven (7) working days
the regularly scheduled meeting of the Design
ew Committee. The Building Official shall forward the
:ation to the Design Review Committee staff person
two (2) working days after the Building Official
the completed application.
Within
the
upon
the apl
from the
that the
time.
~nty-one (21) working days of submission of
the Design Review Committee shall vote
ication for certificate of appropriateness, or
shall be deemed as receiving approval
Review Committee; provided, however,
may agree to a written extension of
) Committee Review and
(a)
Committee Findings. Committee shall review the
application according to theXd.~ties and powers specified
herein. The Committee shall co'ns. ider whether thechange
in appearance conforms to design guidelines for the
design review district in which the project is located.
(b)
Approval or Disapproval. The Committee shall approve,
approve with modifications, or disapprove a certificate of
Ordinance No,
Page 6
appropriateness. If the application is approved or ap-
proved with modifications acceptable to the applicant, a
certificate of appropriateness will be issued, signed by the
chairperson and immediately filed with the Building
Official, together with the application, and a copy of the
certificate sent to the applicant by ordinary mail. If the
application is disapproved, it will be immediately filed,
along with the Committee's findings, with the Building
Official, and a copy sent to the applicant bv ordinarv mail.
(~) Appeal to the City Council. Any applicant ag! r deci-
~ sion of the Committee regarding a..,rtific~ appropriateness
~ in a design review district may ¢ 3e/at the action to the City
~Council. Such an appeal must b, 5,,wmri~.n,.g,.a~n~ must be filed
~with the City Clerk no later t {10) ~.~! .....workin~ days
~fter the filing of the abovem, Committee's findings. The
Ci{y Council shall, within } time, hold a public hearing
give the notice as required by State law, as
as provide w~
rot, if differ,
reasor
Coun(
powers
Article,
Commi'
exercl:
in c(
affi
d~ or
req~
and to tha
whom the
notice to the applicant and to the
from the applicant, and decide the appeal
time. In deciding such appeal, the City
whether the Committee has exercised its
the guidelines established by law, this
the design review report, and whether the
action was patently arbitrary or capricious. In
above-mentioned powers, the City Council may,
the provisions of this Article, reverse or
partly, or may modify the order, requirement,
appealed from and may make such
decision or determination as ought to be
nd shall have the powers of the Committee
al is taken.
with Certificate I~equired: Certificates of appropriateness
is on the basis of approved applications authorize only those
c/I s in appearance set forillin such approved applications and no
~1 hanges in appearance. It ~{~all be the duty of the Building Official
or designee to inspect, from time t~,time, any work performed pursuant
to such a certificate to ensure compl~,ance with 'the requirements of such
certificate. If it is found that such~work is not being carried out in
accordance with the certificate, the Bt~ilding Official shall issue a stop
work order. Any change in appearance~t variance with that authorized
by the certificate shall be deemed a viol~n of these regulations.
Revisions to Approved Design Plans: S~,bstantive changes to an
approved certificate of appropriateness re~ire submittal of those
changes to the Design Review Committee and the. requirements set forth
in this Section.
Ordinance No.
Page 7
SUBMITTAL REQUIREMENTS:
Preliminary Review Submittal Requirements: Preliminary submittals may
contai, any elements called for in the final application subm at the
f the applicant.
Final
submittal
copies of
design
construction
submittal
all
the following submi
and address of the
property owner,
cation and Review Submittal Requirem The following are
uirements for all projects subject
rawings and written materials mu~
~pplication. These drawings
drawings may be su
nts should follow
be clearly
and shou
req
licant, addr
review. Ten (10)
submitted along with the
design drawings, although
for design drawings. All
of drawing, namely
shown, north arrow on plans,
as clear as possible. In addition to
,~ach application shall contain the name
of the project, name and address of the
and a project time schedule.
Site Plan:
also require site
Site Plan Review
Sections 14-5H-2
this Section.
requirements sh
for certificate of appropriateness that
~r Title 14, Chapter 5, Article H, entitled
site plan shall be provided in compliance with
5H-4, and 14-5H-5 unless otherwise required by
are in conflict, the more restrictive
Site and ~ring
site and site
(100') changes.
from the Clearly label e
Provide photographs of the existing
acent properties within one hundred feet
Include photos of views to and outlooks
photograph,
Landsca Plan: Show at st
the site plan in
plan eh ~ents and landscaping
~e scale as site plan. This may be
E2a above, as long as all site
,~nts are easily discernible.
(1) :_xisting trees five (5) inches more in diameter with their
proposed disposition, i.e., to retained or removed. Give
species and trunk diameter
l Location, species names, includin and Latin names and
size of all new plant materials at plantin! !allon or box size. Use
symbols and a legend as necessary. ound cover may be
/ indicated en masse.
d. ~Building Elevations~
/(1) Show all project elevations visible from public right-of-way or
sidewalk.
/(2) Note all finish materials on drawings and provide color samples.
Ordinance No.
Page 8
REMEDY OF
1.
(3) Dimensions of building heights from fir grade.
(4) Dimensions of all exterior walls and including heights.
(5) Location, type and size of signs.
(6) Location of mechanical equiF roof equipment, electrical
transformers and solar panel means of screening roof
equipment.
Provide at least one
relationship of buildin
~g at a suitable scale to
, public street and parking area.
Provide a scaled awing of each proposed sign with exterior
~s and toounfit height. Give total area of each sign.
(1) or sample of letters and logos, and the full
)ear on the sign.
(2)
colors of background and letters.
(3) Give mc and magnitude of illumination.
Additional Int )n:
(1)
Addi real
des~ the
Co
on nature of
3dels or photos if
drawings or other materials necessary to
iect may be requested by the Design Review
erson or Design Review Committee depending
project or site. The applicant may include
or materials such as sketches, videos,
,ey help explain the proposal.
(2)
he Desig
waive
of the project renders
or unnecessary.
~mittee staff person may, at the staff's
~e submittal requirements if the nature
~quirement inappropriate, excessive,
CONDITIONS~:
Except fo emergencies as determined by the Iding Official pursuant to the
City Cod~ , City enforcement agencies and ~ents shall give the Design
Rewew ~mmittee at least thirty (30) calendar notice of any proposed
order fo remedying conditions determined to be erous to life, health or
propert which may affect the exterior features of am. within a design
review listrict.
See also Section 14-5F-3 of this Title.
Ordinance IV, o.
Page 9
Where the danger to life, health or property may be abated without detracting
from the exterior features of the building, the Committee shall have the power
to require that changes or alterations not adversely affect the exterior features
of a building. In such cases, it shall be the responsibility of the Committee and
the City enforcement agency or department to cooperate with the property
owner in an attempt to achieve a design solution whereby the dangerous
co~ditions will be corrected with minimal adverse impact on e,' ires.
, plan shall be approved by the Committee and shall be s by the chair
Committee, the property owner and the head enforcement
or department.
If a s¢ acceptable to the Committee, the
nt and the property owner cannot
calendar ays or a period of time acceptable ~
or de ;nt, the agency or department sh~
proposed ~er.
enforcement agency or
within thirty (30)
City enforcement agency
to issue and enforce its
G. VIOLATIONS: Any
or munici~
the City Code.
SECTION II. REPEALER.
of this Ordinance are hereb,
SECTION Ill. SEVERABILITY.
adjudged to be invalid or
Ordinance as a whole or any
stitutional.
SECTION IV. EFFECTIVE DATE. Th
approval and publication, as provided
Passed and approved this
of this Section sh~
or environmental infr~
,e considered a simple misdemeanor
provided in Title 1, Chapter 4 of
nances and part ,f ordinances in conflict with the provisions
aled.
any secti( provision or part of the Ordinance shall be
adjudication shall not affect the validity of the
or part thereof not adjudged invalid or uncon-
law.
shall be in effect after its final passage,
MAYOR
ATTEST:
CITY CLERK
Approved by ~/._
City Attorney s Office//.z2Z~?.~
City of Iowa City
MEMORANDUM
Date: July 11, 1996
To: City Council
From:
Martin Haynes, Chair
Design Review Committee
Re:
Design Review Overlay Zone Ordinance
Enclosed in the Council's packet is the revised Design Review Overlay Zone Ordinance. The
basic process contained in the revised ordinance is the same as the initial ordinance -
mandatory review/mandatory compliance. Though the ordinance does not contain the
alternative review process of mandatory reviewlvoluntary compliance, the Design Review
Committee believes that this revised ordinance makes the process simpler, more understand-
able, and quicker. The Committee has worked diligently to address the issues and concerns
of the Council and the downtown community.
Why a Mandatory Review/Mandatory Compliance Process?
The Committee is committed to a mandatory review/mandatory compliance design review
process. At its June 17 meeting, the Committee demonstrated that by voting 5~1 (Hawks
voting no) to forward an ordinance that contained a mandatory review/mandatory compliance
process. We strongly feel that alternatives to this concept could not achieve the objectives
of the review process. The most important being that all new buildings and changes to
existing ones in a design review district would reach a level of design that assures their
compatibility with the architectural context and spirit of a district.
In particular, we have strong reservations regarding the alternative process of mandatory
review/voluntary compliance. We believe that the validity and success of a design review
process that results in only suggestions would be severely compromised. It has been stated
that in a voluntary compliance scenario public pressure of not complying would move
applicants to abide by the suggestions of design review. Recent examples, such as the
apartment complex on Summit and College Streets, demonstrate that public pressure alone
can often have little influence. Mandatory compliance makes sure that individuals will make
design decisions with their neighbors in mind.
Changes to the Revised Ordinance
The revised ordinance contains many changes that we hope address many of the concerns
we have heard regarding the initial version of the ordinance. The following summarizes the
major changes to the proposed ordinance and amendments to the by-laws. In addition to
these changes, you will notice as you read the ordinance that other changes have been made
to clarify the ordinance.
Procedures for the designation of design review districts are substantially the same
except that in addition to notifying property owners of a public hearing on a design
review district, tenants within a district will also be notified.
The term "certificate of appropriateness" has been eliminated and replaced throughout
the document with the term "application for design review" (Section 14-6J-SB,
Definitions).
The term "certificate of no material effect" has been eliminated. An applicant would
now submit an application for design review and would receive approval administra-
tively, by the design review committee staff, if the proposed design would "notimpact
existing or desired prevalent architectural features, as determined by the ordinance
establishing the design review overlay zone" (Section 14-6J-SD2, Application for
Design Review Process).
The proposed ordinance shortens the Committee's response time in which to consider
an application. Under the proposed by-law amendment, the Committee would meet
once a week to be available to review applications every week. According to the
proposed ordinance, an application must be submitted at least four (4) working days
before the next regularly scheduled Committee meeting, and the Committee must vote
on the application within four days following the scheduled meeting. The ordinance
does allow exceptions to this time schedule (Section 14-6J-SD2).
The design review committee staff is given the authority to determine if revisions to
approved design plans are substantive and should be reviewed by the Committee
(Section 14-6J-SD2).
The submittal requirements section has been substantially reduced. The submittal
requirements for a final application and review consist of the following:
In addition to submitting an application form, an application for design review
must include exhibits portraying the work to be accomplished which will assist
the Design Review Committee in consideration of the application. Those
exhibits may include drawings, photographs, and sketches. (Section 14-6J-
5D2).
(As explained in the following section, the Committee intends to provide applicants
with a handout listing suggested submittal requirements depending upon the scope of
the project.)
The subcommittee proposes an amendment to the Committee's by-laws that requires
the Committee to provide community education (See proposed Design Review
Committee By-laws Amendments).
Design Review Application Packet
In order to help the Council and the public to better understand the proposed design review
application process, the Committee has prepared a sample Design Review Application Packet.
This packet is an example of the type of packet the Committee will make available once a
design review district is established. The attached packet includes:
Checklist for the Design Review Process (example)
Design Review Application Form (example)
Application for Design Review Suggested Submittal Requirements (examplel
Downtown Design Review Overlay Zone (example)
Naturally, a copy of the Design Review Overlay Zone Ordinance will be available to an
applicant; however, we believe this type of packet is much more understandable and usable
for the average citizen.
The Committee has endeavored to make the revised ordinance and the proposed design
review process spplicant friendly. We look forward to meet!rig with the Council on Monday,
July 15, to discuss the revised ordinance.
Attachments
CC:
Design Review Committee
John Beckord & Tom Gelman, Chamber of Commerce
Jim Clayton, Downtown retail task force
John Murphy, Downtown Association
Glen Sidsrs, Home Builders Association
Paula Brandt, Friends of Historic Presarvation
Janelie Rettig, Northside Marketplace
Daryl Woodson, Sanctuary
Proposed Design Review Committee By-Laws Amendments
ARTICLE I. MEETINGS
(Replace the existing section with the following section:)
Section 1. Reoular Meetings. Regular meetings of this Committee shall be held on every
Monday. In the event there are no items requiring Committee action at a particular meeting,
the chair may cancel the meeting.
ARTICLE II. MEMBERSHIP
(Replace the existing section with the following section.)
Section 1. Membership, The Design Review Committee shall consist of seven (7) members,
of which two (2) shall be licensed architects; three (3) shall be either design professionals ~r
involved in the building trades; and two (2) shall be at-large membe~-s of the community. All
members must be eligible electors of Iowa City. All members of the Committee shall serve
without compensation, but shall be entitled to the necessary expenses including reasonable
travel expenses incurred in the discharge of their duties.
ARTICLE IV. CONDUCT OF COMMITTEE AFFAIRS (Add the following new section.)
Section 8. Community Education. The Committee shall periodically provide educational
materials to the community regarding the benefits of good design and design review and
regarding techniques on achieving good design. In addition, at least once a year the
Committee will notify those property owners and tenants located in a design review district
of the guidelines and the requirements of the district.
EXAMPLE
Design Review Application Packet
Checklist for the Design Review Process
- Design Review Application Form
Application for Design Review Suggested Submit-
tal Requirements
Downtown Design Review Overlay Zone Ordi-
nance
CHECKLIST FOR THE DESIGN REVIEW PROCESS
Pre-Application
Applicant contacts design review committee staff person to review application process and
requirements.
Preliminary Review (Optional)
Applicant may request preliminary review of a project by the Design Review Committee
to discuss basic intentions and plans before investing time in detailed designs.
Submitting Application
Applicant submits application to Building Official.
Proposed designs that involve exterior changes which do not impact existing or
desired prevalent architectural features shall receive approval administratively by
the design review committee staff.
Proposed designs that iJ~volve exterior changes which do impact existing or
desired prevalent architectural features shall be forwarded to the Design Review
Committee for consideration at its next scheduled meeting. Applications submitted
at least four (4) working days before the next regularly scheduled Design Review
Committee meeting with be considered at that meeting.
Committee Review of Application
Applicant should attend Design Review Committee meeting at which the Committee
considers the applicant's application for design review.
The Committee shall approve, approve with modifications, or disapprove the
application at the scheduled meeting or within four (4) working days following the
meeting at which an application for design review is scheduled to be considered.
Applicant shall receive, by mail, the Committee's written decision.
Appeal of Commlttee's Decision
Any applicant may appeal any decision of the Committee regarding an application for
design review to the City Council. Such an appeal must be in writing and must be filed
with the City Clerk no later than ten (10) working days after the filing of the Committee's
findings.
Applicant should attend public hearing at which the City Council considers the applicant's
appeal of the Committee's decision.
EXAMPLE - Design Review Application Packet
EXAMPLE
DESIGN REVIEW APPLICATION
1. __ Preliminary Review
2. Address of Project:
3. Name of Applicant:
Address:
City:
Name of Property Owner:
Address:
City:
Contact Person:
Project Description:
Final Review (Check one)
Phone number:
State: Zip:
Phona number:
State: Zip:
Phone number:
7. Project Time Schedule:
The application for design review must include exhibits portraying the work to be accomplished which will
assist the Design Review Committee in consideration of the application. Those exhibits may include
drawings, photographs, and sketches. Please submit two (2) copies of all drawings and written materials
with those applications administratively reviewed by staff. Please submit ten (10) copies of all drawings
and written materials with those applications administratively reviewed by staff. Attached is a list of
suggested submittal requirements depending upon the scope of the project.
Signature of Applicant:
Date:
EXAMPLE - Design Review Application Packet
FOR AGENCY USE ONLY
Design Review Committee Action:
Recommend approval
Recommend approval with conditions:
Recommend disapproval
EXAMPLE - Design Review Application Packet
APPLICATION FOR DESIGN REVIEW
SUGGESTED SUBMITTAL REQUIREMENTS
The following are suggested submittal requirements for applications for design review. The
documents submitted with the application will depend upon the scope of the project. The
documents submitted must portray the work to be accomplished which will assist the Design
Review Committee in consideration of the application.
Site Plan:
For those applications for design review that also require site plan review, the site plan
required as part of the Site Plan Review requirements may be provided.
Site and Neighboring Environment:
Provide photographs of the existing site and site conditions on adjacent properties within
one hundred feet (100') of proposed changes. Include photos of views to and outlooks
from the site. Clearly label each photograph.
Landscaping Plan:
This may be combined with the site plan above, as long as all site plan elements and
landscaping elements are easily discernible.
Note those existing trees five (5) inches or more in diameter with their proposed disposi-
tion, i.e., to be retained or removed. Give species and trunk diameter of each.
Note location, species names, and size of all new plant. Ground cover may be indicated
en masse.
Building Elevations:
Show all project elevations visible from public right-of-way or sidewalk.
Note all finish materials on drawings and provide color samples.
Note dimensions of building heights from finish grade.
Note dimensions of all exterior walls and fences, including heights.
Show location, type and size of signs.
Note location of mechanical equipment, roof equipment, electrical transformers and solar
panels, including means of screening roof equipment.
EXAMPLE - Design Review Application Packet
Sections:
Provide at least one sectional drawing at a suitable scale to show relationship of buildings
to the site, public street and parking area.
Signs:
Provide a scaled drawing of each proposed sign with exterior dimensions and mounting
height. Give total area of each sign.
Draw or provide sample of letters and logos, and the full message to appear on the sign.
Describe materials and colors of background and letters.
Give means and magnitude of illumination.
Additional Information:
Drawings or other materials necessary to describe the project may be suggested by the
Design Review Committee staff person or Design Review Committee.
The applicant may include additional information or materials such as sketches, videos,
models or photos if they help explain the proposal.
Drawings may be design drawings or actual construction drawings. All submittal documents
should follow accepted conventions of drawing, namely all drawings should be clearly labeled,
scales shown, north arrow on plans, clear and readable linework, and should be as clear as
possible.
EXAMPLE - Design Review Application Packet
Example
DOWNTOWN DESIGN REVIEW OVERLAY
ZONE (ODR-DT)
14-XX-XX: PURPOSE AND INTENT: The
purpose of this Article is to:
Promote the public health, safety
and general welfare of the citizens
of the City.
Protect and enhance the social,
cultural, economic, environmental,
and aesthetic development of
community through maintaining the
health of the central business
district.
Recognize environmental and
aesthetic design as an integral part
of the planning process for the
downtown area.
Establish the necessary design
guidelines to ensure the orderly
growth and development of the
downtown area.
14-XX-XX: LEGAL DESCRIPTION OF ODR-
DT District: The property described below
is hereby classified as the Downtown
Design Review Overlay District (DT-ODR)
and shall be subject to the design
guidelines of this article: All property
located in the CB-5 and CB-10 Zones,
including public right-of-way improvements
occurring within and adjacent to the CB~5
and CB-10 Zones and all city-owned
property located in P Zones within the
areas of the CB- 10 Zone,. (An actual legal
description of the area will be drafted)
14-XX-XX: DESIGN GUIDELINES: When
reviewing projects in the ODR-DT District,
the Design Review Committee and City
Council shall adhere to the following
guidelines. In no case may these
guidelines be used to attempt to replace or
override the requirements of the Iowa City
Zoning Ordinance.
Iowa City
Example - Design Review Application Packet
14-4E-5
A. Definitions of Terms:
COMPATIBILITY: Harmony in the
appearance of two (2) or more build-
ings, structures and landscape devel-
opments along the same streetscape.
HARMONY: An aesthetically pleasing
image resulting from an arrangement
of various architectural and landscape
~lements.
LANDSCAPE: Elements of nature,
topography, buildings and other
man-made objects viewed in relation
to one another.
MISCELLANEOUS STRUCTURES:
Structures, other than buildings, visi-
ble from public ways. Examples are:
memorials, antennas, sheds, shelters,
fences and walls, transformers,
drive-up facilities.
SCALE: The relationship of the size of
elements to one another and to the
human figure.
SCREENING: Structures and/or plant-
ings which conceal an area from view
from a public way.
STREET FURNITURE: Man-made
objects other than buildings which are
part of the streetscape. Examples are:
benches, litter containers, planting
containers, sculptures, vending ma-
chines and newspaper dispensers.
STREETSCAPE: The scene of a pub-
lic street or way composed ot natural
and man-made elements, including
buildings, paving, plantings. street
furniture and miscellaneous struc-
tures.
1094
14-4E-5
14-4E-5
B, Building Design:
Undesirable Architectural Multi Piened Roof,, and Awnings
Treatment Add Vlaul}l Interest
1. The project evaluation will be based on the architectural concepts of the design
and the project's relationship to and compatibility with surrounding buildings and
site features.
2. Renovated buildings should retain the original architectural style and the
essential and prominent features and materials of the original facade.
3. Alignment of the horizontal and vertical architectural features on building fronts
is desirable so as to enhance the visual continuity of the streetscape.
Wtndow Rhythm
I
Storefront Alignment
1094
Iowa City
Example - Design Review Application Packet
1,4-4E-5
14-4E.5
4. The development of the first floor level should provide visual interest to and
interaction with pedestrians through the use of such features as windows, doors
and lighting. Blank stretches of walls will be discouraged.
5. Exterior lighting and fixtures should blend with the architectural design. They
should provide adequate illumination for safety purposes without excess glare.
6. Colors should be an integral part of the architectural style.
7. Rooftop equipment should blend with building design or be screened.
~. Screening
Screenir~g
Iowa C~ty
Example - Design Review Application Packet
lO94
14-4E.5
14-4E.5
Relationship of Building to Site:
1.The project should integrate with adjoining properties, provide a transition
between the project and pedestrian uses, and provide appropriate landscaping.
2. Parking and service areas should blend with the street frontage or be screened
from public view.
3. The height and scale of each building should be compatible along a street
frontage to preserve the character of the street. Rhythm and proportion of build-
ings, doors, windows and other projections should be considered.
4. Building materials, colors, t§xtures, lines and masses 'should harmonize with
adjoining buildings and sites.
1094
Examp 1 e
lou.,a City
Design Review Application Packet
14-4E-5
14-4E-5
5. Site grading work should blend with surrounding site grades,
Building
Walk
~ Parking
Desirable
Landscaping:
Buildf rig
Undesirable
~xample o! a Landscape Plan
/om~ ¢~y
Example - Design Review Application Packet
1094
14-4E-5
1 4-4E.5
1. Landscaping should enhance and complement architectural features and
improve the visual and aesthetic quality of the streetscape.
2. In locations where plants may be susceptible to injury by pedestrian or motor
traffic, they should be protected by appropriate curbs, raised planting surfaces,
tree guards or other devices.
~.~.-~.
True Guard
Tree Grate
3. Paved areas, such as sidewalks and parking spaces, should be designed to
facilitate the safe and efficient circulation of pedestrians and vehicles.
4. Service yards, trash receptacles and storage areas should be screened by
buildings, fencing, plantings, walls or an appropriate combination of these.
5. Existing natural features should be maintained and incorporated into site design
if possible.
6. Street furniture and miscellaneous structures should be integrated with the
architectural concept. Their design should be compatible with surrounding build-
Ings and streetscape in scale, materials and color scheme.
Signs:
1094
Example
- Design Review Application Packet
14.4E-5
14-4E-5
1. All signs and graphic symbols should relate to the building's design, character,
color scheme, materials and purpose and should be compatible with signs on
adjoining buildings.
IllJill
2. The number and size of signs should minimized in order to avoid visual clutter
and to preserve the character of the street facade.
Desirable
Undesirable
3. Multiple occupancy buildings, such as shopping centers and office complexes,
should develop "signage programs" that promote integrated design and equitable
space and size distribution.
4. External or flood lighting should complement the project design.
5. Signs producing excessive glare should be avoided.
6..Lettering and graphic styles should be in keeping with the project's design and
character.
Canopies and Awnings:
Iowa City
Example - Design Review Application Packet
1094
14.-4E.5
14.4E.5
1. Canopies and awnings must respect the style and character of the structure on
which they are located, particularly in the material and color.
2. The highest point of a canopy/awning or its superstructure shall not be higher
than the midpoint of the space between the second story window sills and the top
of the first floor storefront window, awning, canopy or transom,
ii[111ff IIUIl(llff~lill [llltlllil]11tlll~
I~:11[[11111
Desirable
IIIII111111111111111 I[JL~iJJ~
Undesirable
(Ord. 94-3638, 9-13-94)
14-4E-6: VIOLATIONS: Any violation of this Chapter shall be considered a simple
misdemeanor or Municipal infraction or environmental infraction as provided for in
Title 1, Chapter 4 of the City Code. (Ord. 94-3638, 9-13-94)
1094
IowoCi~
Example - Design Review Application Packet
City of Iowa City
MEMORANDUM
Date: July 11, 1996
To: City Council
From:
David Schoon, Economic Development Coordinator
Re:
Design Review Overlay Zone Ordinance
The purpose of this memo is to provide the Council with procedural guidance as the Council
considers the Design Review Overlay Zone Ordinance. Although the original version of the
ordinance is set for consideration on the agenda, included in this packet is a revised version
of the ordinance from the Design Review Committee, which is not substantively different from
the original version. If the Council wishes to consider the revised version at its formal
meeting, a Councilor needs to make a motion to amend the ordinance and to substitute the
revised version. Once the Council has approved such an amendment, the Council can give
first consideration of the revised version.
If the Council wishes to receive public comment on the revised ordinance, the Council can
allow public comment at the July 16, 1996 meeting and/or defer consideration of the
ordinance to the August 6, 1996 meeting in order to allow additional public comment,
4
Dated this day of
CITY OF 10WA CITY
, 1996.
WISDOM DEVELOPMENT GROUPINC
By:
Naomi J. Novick, Ma
By:
Michael J. Wisdom, President
BRANNAN & CO.
Monte J. Brannan, President
Attest:
Marian K. Karr, City Clerk
Attest:
Approved by ,~ // //
APPLI(
RUPPERT FAMILY
',NOWLEDGEM£NT
STATE OF IOWA ) ~
) ss: ~,
JOHNSON COUNTY )
On this day of , A~.D. 19 , before me, the undersigned, a
Notary Public in and for th~ of Iowa, person~,lly appeared
and / , to me personally~known, who, being by me duly sworn,
did say that they are the ! and \ , respectively, of
said corporation executir ] the within and foregoing instrument to which this is attached, that
(no seal has been proc~ ~d b!the said) corporation; ~hat said instrument was signed {and
sealed) on behalf of (tl~e ;eal ~ ffixed thereto is the seal ~f said) said corporation by authority
of its Board of DirectOrs ,a, nd that the said \ and
as such officers ackn~zvv .dc~ e¢ the execution of said instrument to be the voluntary act and
deed of said corporation, by it and by them voluntar'dy e~cuted.
Notary Public in and for said County and State