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Home My WebLink About1995-08-01 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 1st day of August, 1995, in the Civic Center Council Chambers, 410 E, Washington Street, iowa City, Iowa; at {~ich hearing the Council will consider: A resolution to annex an approximately 250 acre property located north of 1-80 and west of N. Dubuque Street. {ANN94-OO09) 2. An ordinance amending the Zoning Ordi- nance by amending the use regulations of an approximately 250 acre property located north of 1-80 and west of N. Dubuque Street from County A1, Rural; RS, Subur- ban; and R3A, Suburban Residential; to P, Public. (REZ94-0018) 3. An ordinance amending the Zoning Ordi- nance by amending the use regulations of an approximate 7.8 acres located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Fami- ly Residential, to OPDH-8, Planned Develop- ment Housing Overlay, and RS-8, Medium Density Single-Family. (REZ95-0010) 4. An Ordinance amending Title 14, Chapter 4, "Land Control and Development," Article C, "Historic Preservation Regulations," and Chapter 6, "Zoning," Article J, "Overlay Zones" to allow the City to designate histor- ic landmarks and conservation districts. Copies of the proposed resolutions and ordi- nances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin~ccS- 1 .nph RESOLUTION NO.. RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 260 ACRES OF CITY-OWNED PROPERTY LOCATED NORTH. OF 1-80 AND WEST OF NORTH DUBUQUE ST. WHEREAS, The City of Iowa City owns approximately 250 acres of land north of the City corporate limits located north of 1-80 and west of North Dubuque Street; and WHEREAS, the City of Iowa City has requested annexation of said site and adjoining piping and vehicle access tracts into the City of Iowa City, Iowa; and WHEREAS, these tracts are contiguous to the corporate limits of the City; and WHEREAS, pursuant to Iowa Code {}{}368.5 and 368.7 (1995), notice for annexation was sent by certified mail to the Johnson County Board of' Supervisors, the Johnson County County Attorney, the City of Coralville, the Iowa Attorney General's Office, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have made comment on or objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The land described in Exhibit A shall be voluntarily annexed to the City of Iowa City, Iowa. The City Clerk is hereby authorized and directed to certify, file and record all necessary documents as required by Iowa Code Chapter 368. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and to the State Treasurer. Passed and approved this day of , 1995. ATTEST: CITY CLERK ppdadminL,w,~ater.re$ MAYOR Exhibit A Commencing at the Southeast Corner of the Southeast Quarter of Sect!on 33, Township 80 North. Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59'29"W, a recorded bearing along the South Line of said Section 33, 1327.00 feet, to the Southeast Corner of the Southwest Quarter of said Southeast Quarter of Section 33, which is the Point of Beginning; Thence .S00°47'57"W, along the Southerly projection of the East Line of said Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 33, 40.74 feet, to its intersection with the C. enterline of Interstate Highway No. 80;' Thence Southwesterly, 1213.93 feet, along said Interstate Highway Centerline, on a 5730.00 foot radius curve, concave northwesterly, whose 1211.66 foot chord bears S83°51 '51 "W, to Centerline P.C. Station 890 + 00.1; Thence S89° 56'00"W, along said Highway Centerline, 1971.57 feet, to its intersection with the Centerline of the Iowa River; Thence Meandering along said Centerline, the following courses: N11°OO'42"W, 664.33 feet; Thence N10°24'17"w, 497.56 feet; Thence NO8°O9'32"W, 721.64 feet; Thence NO2 o 50'02"W, 399.21 feet; Thence NO2°O3'22"E, 356.55 feet; Thence N17°20'37"E, 403.16 feet; Thence N34°26'O7"E, 296.31 feet; Thence N45°22'O3"E, 237.74 feet; Thence N54°41'OS"E, 195.15 feet; Thence N58°10'38"E, 197.99'feet; Thence N68°O1'40"E, 218.21 feet; Thence N88°45'35"E, 287.80 feet; Thence S73°34'33"E, 346.29 feet; Thence S. 71°49'07"E 188.06 feet; Thence S68°40'20"E, 217.71 feet; Thence S64°01 '58"E 141.14 feet, along said Iowa River Centerline, to its intersection with the East Line of the West One-Half of said Section 33; Thence S01 °07'29"E along said West Line, 148.17 feet, to its intersection with the Southerly Top of Sank. of said Iowa River; Thence S61°43'01"E, along said 'Fop of bank, 1.82 feet, to a 5/8 inch iron pin; Thence S67°54'08"E, 394.85 feet, to a 5/8 inch iron pin; Thence S74°11 '04"E, 327.85 feet, to a 5/8 inch iron pin; Thence S73°57'48"E, along said southerly Top of Bank, 208.94 feet, to a 5/8 inch iron pin at its intersection with the Westerly Right-of-Way Line of North Dubuque Street, at the Northwesterly Corner of the parcel acquired by Condemnation Proceedings in the name of Johnson County, Iowa and recorded in Book 1097, at Page 52, of the records of the Johnson County Recorder's Office; Thence S08°02'35"W, along said westerly right-of-way line, 81.58 feet; thence N81 °57'25"W, along said westerly right-of-way line 25.32 feet; Thence S08°02'35"W, along said westerly'right-of-way line, 20.00 feet; Thence N88°39'10"E, along said westerly right-of-way line, 4.23 feet; Thence S49°31 '28"E, along the southerly line of said condemnation parcel, 45.11 feet; Thence S81 °57'25"E, along said southerly line, 63.04 feet, to its southeasterly corner thereof, on the former centerline of said North Dubuque Street; Thence S08°02'39"W, along said centerline, 72.78 feet; Thence southeasterly, 845.45 feet, along said centerline, on a 996.44 foot radius curve concave northeasterly, whose 820.32 foot chord bears S16°15'46"E; Thence S40°34'11 "E, along said centerline, 155.57 feet; Thence Southeasterly, 132.98 feet, along a 955.00 foot radius curve, concave northeasterly, whose 132.88 foot chord bears S44°33'33"E; Thence S49°54'47"E, along said former centerline 61.90 feet, to its intersection with the East Line of the west one-half, of said Southeast Quarter of Section 33; Thence S00°47'57"W, along said East Line, 63.01 febt, to a point on the southerly Right-of-Way Line of said North Dubuque Street; Thence southeasterly, 312.00 feet, along said southerly Right-of-way Line, on a 2342.00 foot radius curve, concave northeasterly. whose 311.77 foot chord bears S55°20'15"E; Thence S59°09'14"E, along said southerly right-of-way line, 109.03 feet; Thence S53°26'36"E, along said southerly right-of-way line, 4.58 feet, to the Northeast Corner of the Parcel, the Plat of Survey of which is recorded in Plat Book 11, at Page 26, of the records of the Johnson County Recorder's Office; Thence S03°21'14"E, along the easterly line of said surveyed parcel, 23.45 feet, to an iron pin found; Thence S40°44'44"E, along said easterly line, 123.47 feet, to an iron pin found; Thence S03° 15'44"E along said easterly line, 46.82 feet, to an iron pin found; Thence S40°26'16"W., along said easterly line, 254.19 feet, to an iron pin found; Thence S05°42'36"W, along said easterly line, 138.07 feet, to an iron pin found; Thence S65°31'26"W, along said easterly line, 288.13 feet, to an iron pin found at the southwesterly corner of said surveyed parcel; Thence N88°59'28"W, 9.36 feet, to a point on said East Line of the west one-half, of said Southeast Quarter of Section 33; Thence SOO°47'57"W, along said East Line, 637.48 .feet, to the Point of Beginning. Said tract of land contains 254,79 acres, more or less, and is subject to easements and restrictions of record. EXCEPT FOR: Commencing at the Southeast Corner of the Southeast Quarter of Section 33, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59'29"W, a recorded bearing along the South Line of said Section 33, 2651.39 feet, to the Southwest Corner of said Southeast Quarter of Section 33; Thence NO1 °07'29"W, along the West Line of the East One-Half of Section 33, 3094.32 feet, to its intersection with the Southerly Top of Bank of the Iowa River; Thence S61 °43'01 "E, along said Top of Bank, 1.82 feet, to an Iron Pin Set, Thence S67°54'08"E, 394.85 feet, to an iron pin set. which point is the POINT OF BEGINNING; thence $15°48'56"W, 300.00 feet; Thence S74°11 '04"E, 565.16 feet, more or less, to the centerline of North Dubuque Street, formerly known as U.S. Highway No. 218; Thence Northerly along the centerline of North Dubuque Street to the Southerly Top of Bank of the Iowa River; Thence Westerly along said Southerly Top of Bank of the iowa River to the POINT OF BEGINNING; excepting therefrom that parcel to which James Patrick Glasgow already has record title and excepting that portion of the above-described real estate previously conveyed to Johnson County, Iowa for highway purposes. County Charles D. Duffy, Chairperson Stephen P. Lacina Joe Bolkcom Don Sehr Sally Stutsman July 31, 1995 BOARD OF SUPERVISORS Ma~tor~witz Iowa City Civic Center 410 East Washington Iowa city, IA 52240 RE: Annexation of property located in the northwest quadrant of the intersection of 1- 80 and Dubuque Street and rezoning of said property. D ear-qVlay~ Iq7o r-b-~-F~: The Johnson County Board of Supervisors reviewed the above referenced voluntary annexation at its' July 27th meeting. The county has no objections but again does want to call your attention to the road. There will need to be an agreement drawn up for the main!enance of Dubuque Road. Sincerely, 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356~o000 FAX: (319) 35(~6086 NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 1st day of August, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: 1. A resolution to annex an approximately 250 acre property located north of 1-80 and west of N. Dubuque Street. (ANN94-0009) An ordinance amending the Zoning Ordi- nance by amending the use regulations of an approximately 250 acre property located north of 1-80 and west of N. Dubuque Street from County A1, Rural; RS, Subur- ban; and R3A, Suburban Residential; to P, Public. (REZ94-0018) 3. An ordinance amending the Zoning Ordi- nance by amending the use regulations of an approximate 7.8 acres located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Fami- ly Residential, to OPDH-8, Planned Develop- ment Housing Overlay, and RS-8, Medium Density Single-Family. (REZ95-0010) 4. An Ordinance amending Title 14, Chapter 4, "Land Control and Development," Article C, "Historic Preservation Regulations," and Chapter 6, "Zoning," Article J, "Overlay Zones" to allow the City to designate histor- ic landmarks and conservation districts. Copies of the proposed resolutions and ordi- nances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CiTY CLERK ppdadmin\cc8-1,nph ORDINANCENO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REG ULA- TIONS FOR AN APPROXIMATE 250 ACRES OF CITY-OWNED PROPERTY LOCATED NORTH OF 1-80 AND WEST OF NORTH DUBUQUE STREET FROM COUNTY A1, RS, AND R3A TO P, PUBLIC, WHEREAS, the City of Iowa City has re4. quested rezonirtg of approximately 250 acres of land located north of 1-80 and west of North Dubuque Street from County RS, Suburban Residential; A1, Rural; and R3A, Suburban Residential, to P, Public. WHEREAS, the new zoning classification is consistent with the zoning classifications of other CiW owned facilities; and WHEREAS, the new zoning classification is consistent with the highest and best use of the subject properties. · NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT. The prop- erty described in Exhibit A is hereby reclassified from its present classification of CounW A1, RS and R3A to P. SECTION 11. REPEALER. All drdinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SE~ERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: CITY CLERK City At'to r n ev~) f~ce Exhibit A Commencing at the Southeast Corner of the Southeast Quarter of Section 33, Township 80 North. Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59'29"W, a recorded bearing along the South Line of said Section 33, 1327.00 feet, to the Southeast Corner of the Southwest Quarter of said Southeast Quarter of Section 33, which is the Point of Beginning; Thence S00°47'57"W, along the Southerly projection of the East Line of said Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 33, 40,74 feet, to its intersection with the Centerline of Interstate Highway No. 80; Thence Southwesterly, 1213.93 feet, along said Interstate Highway Centerline, on a 5730.00 foot radius curve, concave northwesterly, whose 1211.66 foot chord bears S83°51 '51 "W, to Centerline P.C. Station 890+00.1; Thence S89°56'00"W, along said Highway Centerline, 1971.57 feet, to its intersection with the Centerline of the Iowa River; Thence Meandering along said Centerline, the following courses: Nll°OO'42"W, 664.33 feet; Thence NlO°24'17"W, 497.56 feet; Thence NO8°O9'32"W, 721.64 feet; Thence NO2°50'O2"W, 399.21 feet; Thence NO2°O3'22"E, 356.55 feet; Thence N17°20'37"E, 403.16 feet; Thence N34°26'O7"E, 296.31 feet; Thence N45°22'O3"E, 237.74 feet; Thence N54°41 '05" E, 195.15 feet; Thence N58 o 10'38"E, 197.99 feet; Thence N68~01 '40"E, 218.21 feet; Thence N88°45'35"E, 287.80 feet; Thence S73°34'33"E, 346.29 feet; Thence S71°49'07"E 188.06 feet; Thence S68°40'.20"E, 217.71 feet; Thence S64°01 '58"E 141.14 feet, along said Iowa River Centerline, to its intersection with the East Line of the West One-Half of said Section 33; Thence S01 °07'29"E along said West Line, 148.17 feet, to its intersection with the Southerly Top of Bank of said Iowa River; Thence S61°43'01"E, along said Top of bank, 1.82 feet, to a 5/8 inch iron Din; Thence S67°54'08"E, 394.85 feet, to a 5/8 inch iron pin; Thence S74°11 '04"E, 327.85 feet, to a 5/8 inch iron pin; Thence S73°57'48"E, along said southerly Top of Bank, 208.94 feet, to a 5/8 inch iron pin at its intersection with the Westerly Right-of-Way Line of North Dubuque Street, at the Northwesterly Corner of the parcel acquired by Condemnation Proceedings in the name of Johnson County, Iowa and recorded in Book 1097, at Page 52, of the records of the Johnson County Recorder's Office; Thence S08°02'35"W, along said westerly right-of-way line, 81.58 feet; thence N81 °57'25"W, along said westerly right-of-way line 25.32 feet; Thence S08 °02'35"W, along said westerly right-of-way line, 20.00 feet; Thence N88°39'10"E, along said~westerly right-of-way line, 4.23 feet; Thence S49°31'28"E, along the southerly line of said condemnation parcel, 45.11 feet; Thence S81 o 57'25"E, along said southerly line, 63.04 feet, to its southeasterly corner thereof, on the former centerline of said North Dubuque Street; Thence S08°02'39"W, along said centerline, 72.78 feet; Thence southeasterly, 845.45 feet, along said centerline, on a 996.44 foot radius curve concave northeasterly, whose 820.32 foot chord bears S16° 15'46"E~ Thence S40°34'11 "E, along said centerline, 155.57 feet; Thence Southeasterly, 132.98 feet, along a 955.00 foot radius curve, concave northeasterly, whose 132.88 foot chord bears S44°33'33"E; Thence S49°54'47"E, along said former centerline 61.90 feet, to its intersection with the East Line of the west one-half, of said Southeast Quarter of Section 33; Thence S00°47'57"W, along said East Line, 63.01 feet, to a point on the southerly Right-of-Way Line of said North Dubuque Street; Thenc~ southeasterly, 312.00 feet, along said southerly Right-of-way Line, on a 2342.00 foot radius curve, concave northeasterly. whose 311.77 foot chord bears S55°20'15"E; Thence S59°09'IZ~"E, along said southerly right-of-way line, 109.03 feet; Thence S53°26'36"E, along said southerly right-of-way line, 4.58 feet, to the Northeast Corner of the Parcel, the Plat of Survey of which is recorded in Plat Book 11, at Page 26, of the records of the Johnson County Recorder's Office; Thence S03°21'14"E, along the easterly line of said surveyed parcel, 23.45 feet, to an iron pin found; Thence S40°44'44"E, along said easterly line, 123.47 feet,-to an iron pin found; Thence S03°15'44"E along said easterly line, 46.82 feet, to an iron pin found; Thence S40°26'16"W, along said easterly line, 254.19 feet, to an iron pin found; Thence 805°42'36"W, along said easterly line, 138.07 feet, to an iron pin found; Thence S65°31'26"W, along said easterly line, 288.13 feet, to an iron pin found at the southwesterly corner of said su~eyed parcel; Thence N88°59'28"W, 9.36 feet, to a point on said East Line of the west one-half, of said Southeast Quarter of Section 33; Thence S00°47'57"W, along said East Line, 637.48 feet, to the Point of Beginning. Said tract of land contains 254.79 acres, more or less, and is subject to ea. semsnts and restrictions of record. EXCEPT FOR: Commencing at the Southeast Corner of the Southeast Quarter of Section 33, Township 80 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence N89°59'29"W, a recorded bearing along the South Line of said Section 33, 2651.39 feet, to the Southwest Corner of said Southeast Quarter of Section 33; Thence.N01 °07'29"W, along the West Line of the East One-Half of Section 33, 3094.32 feet, to its intersection with the Sout. heriy Top of Bank of the Iowa River; Thence S61 °43'01 "E, along said Top of Bank, 1.,82 rest, to an Iron Pin Set, Thence S67°54'08"E, 394,85 feet, to an iron pin set, which point is the POINT OF BEGINNING; thence S15°48'5§"W, 300,00 feet; Thence S74° 11 '04" .E, 565.16 feet, more or less, to the centerline of North Dubuque Street, formerly known as U,S, Highway No, 218; Thence Northerly along the centerline of North Dubuque Street to the Southerly Top of Bank of the Iowa River; Thence Westerly along said Southerly Top of Bank of the Iowa River to the POINT OF BEGINNING; excepting therefrom that parcel to which James Patrick Glasgow already has record title and excepting that portion of the above-described real estate previously conveyed to Johnson County, Iowa for highway purposes. City of Iowa City MEMORANDUM Date: July 6, 1995 From: Planning and Zoning Commission Charles Denney,(~ssociate Planner ANN94-0009 and REZ94-0018; Proposed Water Treatment Plant Site At the City's request these two items were deferred indefinitely at the Commission's April 6, 1995, meeting. The City is now desires to move forward with the subject applications. A copy of the original staff report is attached for your reference. The applications have been amended to exclude approximately five acres in the northeast corner of the property. A new location map has been included. Staff continues to recommend approval of both the annexation and rezoning to the P, Public, /wtp.ud LOC~T~ON MAP ANNc~-000~ ~Z~-00~8 PROPOSED WATER PLANT SITE STAFF REPORT To: Planning and Zoning Commission Item: ANN94*0009 & REZ94~0018; Water treatment plant site, 1-80 & Dubuque Street GENERAL INFORMATION: Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: File date: BACKGROUND INFORMATION: Prepared by: Charles Denney Date: January 19, 1995 City of Iowa City Annexation and Rezoning from County A1, Rural, to P, Public. Development of new water treatment plant, Northwest quadrant of 1~80IN. Dubuque Street intersection. Approximately 230 Acres Agriculture, Excavation, Residential; County A1, RS and R3A. North - Quarry, County M1 East - residential, County R3A South - Agriculture, ID-RS West- Quarry, County M1 December 1, 1994 The subject site is the location of the City's proposed new water treatment plant site. The area to be annexed includes the right-of-way for 1-80, north of the centerline, where it is contiguous to the current Iowa City City Limits, and the western half of the Dubuque Street right-of-way, The City owns the 230 acre site to the centerline of Dubuque Street. The State of Iowa owns the right-of-way of 1-80. The State has consented to the annexation of the right-of-way. ANALYSIS: Annexation It is in the City's interest for municipal facilities to be located within the city limits when possible. The proposed annexation area is contiguous to the current city limits of Iowa City and is therefore eligible for annexation into Iowa City. By annexing the property the City will 2 gain full control over zoning of the property and of what uses are or are not allowed on the property. Annexation of this property would be consistent with the Comprehensive Plan. The Plan states that" annexation of land may be desirable in areas where the City wishes to exercise greater land use control than permitted under the Fringe Area Agreement." As discussed previously the City has an interest in gaining full land use control of property which it owns. The proposed use of the site as a water treatment facility is compatible with the surrounding land uses. To the north and west is a quarry operation, to the south is 1-80 and to the east are residential uses. The large size of the site and vegetation will provide an adequate transition from municipal uses on the property to the existing residences in the area, Vehicular access is available via Dubuque Street. A maintenance agreement between the City and Johnson County will have to be negotiated because the annexation includes half of the right-of-way for Dubuque Street. A similar agreement exists for American Legion Road adjacent to the Windsor Ridge development. The agreement would spell out the maintenance responsibilities of both parties. As previously mentioned the annexation area includes a portion of the right-of-way of 1-80. Staff has contacted the Iowa Department of Transportation (IDOT) regarding this issue and they do not object to the annexation. Staff is working with the IDOT to get a formal indica- tion of consent to the annexation. Rezoning The Zoning Ordinance requires that all publicly owned property within the City be zoned P, Public. If the requested annexation is approved the property should be zoned P. STAFF RECOMMENDATION: Staff recommends that ANN94-0009, the annexation of approximately 230 acres located north of Interstate 80 and west of Dubuque Street and REZ94-0018, the rezoning of the property to P, Public, be approved. ATTACHMENTS: 1. Location Map. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development stfrep\wtp.cd RM II~-RS RFBH LOCATION MAP ANN94-0009 REZ94-0018 PDH5 ~RNC 2O p 2O CH~ NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 1st day of August, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: 1. A resolution to annex an approximately 250 acre property located north of 1-80 and west of N. Dubuque Street. (ANN94-O009) 2. An ordinance amending the Zoning Ordi- nance by amending the use regulations of an approximately 250 acre property located north of 1-80 and west of N. Dubuque Street from County A1, Rurel; RS, Subur- ban; and R3A, Suburban Residential; to P, Public. (REZ94-0018) 3. An ordinance amending the Zoning Ordi- nance by amending the use regulations of an approximate 7.8 acres located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Fami- ly Residential, to OPDH-8, Planned Develop- ment Housing Overlay, and RS-8, Medium Density Single-Family. (REZ95-0010} An Ordinance amending Title 14, Chapter 4, "Land Control and Development," Article C, "Historic Preservation Regulations," and Chapter 6, "Zoning," Article J, "Overlay Zones" to allow the City to designate histor- ic landmarks and conservation districts. Copies of the proposed resolutions and ordi* nances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin~cc8-1 .nph ORDINANCE NO. AN ORDINANCE AMENDING TITLE 14, CHAP- TER 4, ."LAND CONTROL AND DEVELOP- MENT," ARTICLE C, "HISTORIC PRESERVA- TION REGULATIONS," AND CHAPTER 6, "ZONING," ARTICLE J, "OVERLAY ZONES" TO ALLOW THE CITY TO DESIGNATE HIS- TORIC LANDMARKS AND CONSERVATION DISTRICTS, WHEREAS, the City has adopted the Iowa City Historic Preservation Plan as an ele- ment of the Comprehensive Plan, and; WHEREAS, the Historic Preservation Plan calls for the adoption of legislation to allow the City to designate and protect Historic Land- marks, and; WHEREAS, the Historic Preservation Plan also calls for the adoption of legislation to allow the City to designate and regulate devel- opment within conservation districts to preserve the appearance and character of its "traditional" neighborhoods. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IO- WA CITY, IOWA, THAT: SECTION I. AMENDMENT. Chapter 4, entitled 'Land Control and Deve{opment," is hereby amended by repealing Article C, entitled "Historic Preservation Regulations," and replacing there- with a new Article C, entitled "Historic Preserva- tion Regulations" as follows: CHAPTER 4 LAND CONTROL AND DEVELOPMENT ARTICLE C, HISTORIC PRESERVATION REGULATIONS SECT. ION: 14-4C-1: 14-4C-2: 14-4C-3: 14-4C-4: 14-4C-5: 14-4C-6: Purpose and Intent Definitions Historic Preservation Commission Rules of the Commission Powers of the Commission Procedures for the Designation of Historic Districts and Histodc Landmarks 14-4C-6.1: Register of Historic Landmarks and Historic Districts 14-4C-6.2: Recording of Historic Landmarks 14-4C-6.3: Historic Landmark Plaques 14-4C-7: Applications for Certificates of Appropriateness 14-4C-8: Remedy of Dangerous Conditions 14-4C-9: Compliance with Zoning Regula- tions' 14-4C-10: Penalties Ordinance No. Page 2 14-4C-1: PURPOSE AND INTENT: The pur- pose of this Article is to: A. Promote the educational, cullural, eco- nomic and general welfare of the public through the protection, enhancement and perpetuation of historic districts and his- toric and cultural landmarks located in the City; B. Safeguard the City's historic, aesthetic and cultural heritage by preserving dis- tricts, historic landmarks and properties of historical, amhitectuml and cultural significance; C. Stabilize and improve property values by consewing historic properties; D. Foster civic pride in the legacy of beauty and achievements of the past; E. Protect and enhance the City's attrac- tions to tourists and visitors and thereby support and stimulate business thereby provided; Strengthen the economy of the City; and Promote the use of districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City. (Oral. 94-3636, 8-30- 94, eft. 9-1-94) 14.4C-2: BEFINIT1ONS: As used in this Article, the following definitions shall apply: APPLICANT: The party making application for a certificate of appropriateness from the Iowa City Historic Preservation Commission. APPLICATION: A written request by a prop- erty owner or other party to the Iowa City Historic Preservation Commission for a certificate of ap- propriateness. CERTIFICATE OF APPROPRIATENESS: The document, evidencing approval by the Historic Preservation Commission of a proposal to make a change in appearance, which must be obtained before a regulated permit may be issued. CERTIFICATE OF NO MATERIAL EFFECT: The document, issued in lieu of a certificate of appropriateness, which signifies that the work contemplated in the application will have no effect on any significant amhitectural features of the building, historic landmark or on the histodc dis- trict. The certificate of no material effect evidenc- es approval bythe Historic Preservation Commis- sion and the Department of Planning and Com- munity Development of a proposal to make a change in appearance. CHANGE IN APPEARANCE: Any change or alteration of the exterior features of a landmark, of a building or change or alteration of the ap- pearance of a property within s historic district or Ordinance No. Page 3 conservation district. This definition shall pertain only to changes in appearance which are visible from the public way or from adjacent properties and for which a building, demolition, house mov- ing or o!her regulated permit is required for com- pliance with applicable City codes.~ Further- more, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not Involve alterations or changes in the exterior features of a historic landmark or of a building and for which no regulated permit is required. Forthe purposes of this Article, chang- es made in the color of the exterior surfaces of a building ars not considered a change in appear- ance, but deemed to be ordinary maintenance and repair. CHANGE or ALTERATION: the erection of a building on a site, the movement of a building from or to a site, the demolition of a building, the reconstruction or restoration of a building or any action to change, modify, reconstruct, remove or demolish any exterior feature of an existing build- ing or historic landmark. COMMISSION: The Iowa City Historic Pres- ervation Commission, as established by Ordi- nance 94-3636 in accord with this adopted Arti- cle. CONSERVATION DISTRICT: An area that contains abutting pieces of property under diverse ownership, the built portions of which by majority are at least 50 years old and which: A. According to a historic resources survey, no more than 60% of the structures are of a quality, integrity and condition that qualify for historic district designation; and B. Represent the traditional character of Iowa City neighborhoods through amhi- tecturel characteristics, building scale, building setback, and streetscape design; or C. Exemplify a pattern of neighborhood settlement or development significant to the cultural history or tradition of Iowa City; or D. Represent unique or unusual physical character that creates a distinctivehess. EXTERIOR FEATURES: The amhitectural style, general design and arrangement of the exterior of a building, including the kind and tex- ture of building material and the type and style of all windows, doors, light fixtures, signs and other appurtenant fixtures. * See Chapter 5, Article G of this Tifie for moving build- . Ings. Ordinance No. Page 4 HISTORIC DISTRICT: An area that contains contiguous pieces of property under diverse own- erehip which: A. Are significant to American history, amhi- tecture, archaeology and culture or Iowa City history, architecture, archaeology and culture; or B. Possess integrity of location, design, setting, materials and workership; or C. Are associated with events that have made .a significant contribution to the broad patterns of ou.r history; or D. Are associated with the lives of persons significant in our past; or E. Embody the distinctive characteristics of a type, period, method of construction; represent the work of a master; possess high artistic values; represent a signifi- cant and distinguishable entity whose components may lack individual distinc- tion; or F. Have yielded or may be likely to yield information important in prehistory or history. HISTORIC LANDMARK: Any buildihg, struc- ' tura, object, archaeological site, area of land or element of landscape architecture with signifi- cance, importance or value consistent with the criteria contained in paragraphs A.-F. of the defi- nition of historic district contained in this Article, which has been designated as a.historic land- mark by the Iowa City City Council pursuant to this Article. PROPERTY OWNER: An individual or group of Individuals, corporation, partnership, associa- tion or in any entity, including State and local governments and agencies, which own real es- tate. REGULATED PERMIT: A permit issued bythe Building Official or other official of the City, ac- cording to the provisions of the Uniform Building Code2, "Sign Regulations'3, House Movers' Or- dinance4 or Fire Codes. (Ord. 94-3636, 8-30- 94, eff, 9-1-94) Sae Chapter 5, Ar~cle A of this Title. See Chapter 6, Ar~cle O of this TitJe. See Chapter 5, Ntlcle G of this Title. See Title 7, Chapter 1 of the City Code. Ordinance No. Page 5 14-4C-3: HISTORIC PRESERVATION COMMISSION: A. An Iowa. City Historic Preservation Com- mission is hereby reestablished and the current members thereof are hereby authorized and directed to fulfill their existing terms and directives consistent with this Article. The Commission shall consist of seven (7) members who shall be residents of the City. B. Members of the Commission shall be appointed by the City Council. At least one resident of each designated historic district shall be appointed to the Com- mission. Other members shall be cho- sen at large from any part of the City and shall have some expertise in history, urban planning, architecture, archaeolo- gy, law, sociology or other closely related field, or shall demonstrate interest in the area of historic preservation. At least three (3) of the members shall hold ap- pointments at large. Should the number of officially designated City historic dis- tricts exceed four (4) in number, a new member shall be added to the Commis- sion for each new district in excess of four (4) districts. The new member shall be appointed by the City Council as soon as practicable after the official designa- tion of the historic district triggering the operation of the preceding clause. C. Members shall serve three (3) year terms. D. Vacancies occurring in the Commission, other than by expiration of term of office, shall be filled only for the unexpired term. E. Members may serve for more than one term and each member shall serve until the appointment of a successor. F. Members shall serve without compen- sation except for any expenses deemed reasonable and budgeted by the City Council. G. A simple majority of the Commission shall constitute a quorum for the trans- action of business. (Ord. 94-3636, 8-30- 94, eft. 9-1-94) 14-4C-4: RULES OF THE COMMISSION: A. The Historic Preservation Commission shall elect from its membership a chair- person and vice-chairperson whose term of office shall be one year. The chairper- son and vice-chairperson may serve for more than one term. The chairperson shall preside over the Commission and Ordinance No. Page 6 have the right to vqte. The vice-chairper- son shall, in cases of absence qr disabili- ty of the chairperson, perform the duties o! the chairperson. B. The City Manager shall designate a per- son to serve as secretary to the Commis- sion. The secretary shall keep a record of all applications for certificates of ap- propriateness, resolutions, proceedings, and actions of the Historic Preservation Commission. The Commission shall recommend rules or by-laws for the transaction of its regu- lar business to the city Council for adop- tion. The Commission shall have the authority to adopt rules of procedure in connection with the approval or disap- proval of certificates of appropriateness subject to approval of the City Council. D. The Commission shall keep a record, which shall be open to public view, of its resolutions, proceedings and actions. The vote or failure to vote of each mem- ber shall be recorded. The c. oncurring affirmative vote of a majority of those members present shall be sufficient for a certificate of appropriateness to be grant- ed, or for the adoption of any resolution, motion or other action of the Commis- sion. The Commission shall submit a report on its activities to the Council and may make such recommendations to the City Council as it deems necessary to carry out the principles of this Article. (Ord. 94-3636, 8-30-94, eft. 9-1-94) 14-4C.5: POWERS OF THE COMMISSION: A. The Commission shall be authorized to conduct studies for the identification and designation of conservation districts, historic districts and historic landmarks meeting the definitions established by this Article. The Commission may pro- ceed at its own initiative or upon a peti- tion from any person, group or associa- tion. Any request from a person, group or association to designate a conservation district, historic landmark or historic dis- trict shall be commenced by submitting to the Commission a nomination on a form furnished by the Commission. B. The Commission shall make a recom- mendation to the office of the State His- ' torical Society of Iowa for the listing of a historical district or site or historic land- mark in the National Register of Historic .C. Ordinance No,. Page 7 Places and shall conduct a public hear- ing thereon. C. The Commission shall review and act upon all applications lor certificates of appropriateness, pursuant to Section 14- 4C-7 of this Article. D. The Commission shall cooperate with property owners and City agencies pur- suant to the provisions of Section 14-4C- 8 of this Article. E. The Commission shall further the efforts of historic preservation in the City by making recommendations to the City Council end City commissions and boards on preservation issues when appropriate, by encouraging the protec- tion and enhancement of structures with historical, architectural or cultural value, and by encouraging persons and organi- zations to become involved in preserva- tion activities. F. The Commission shall not obligate itself or the City in any financial undertaking unless authorized to do so by the City Council. (Ord. 94-3636, 8-30-94, eft. 9- 1-94) 14-4C-6: PROCEDURES FOR THE DESIGNA- TION OF CONSERVATION DISTRICTS, HIS- TORIC DISTRICTS AND HISTORIC LAND- MARKS. A. Report Required:. 1. The Commission must make a report to the Plan and Zoning Commission recommend- ing that an area be designated a conservation district, a historic district or a historic landmark.. Before any report or recommendation is submit- ted, the Commission shall hold a public hearing on any proposal to designate an area as a con- servation district, a historic district or a historic landmark. The Commission shall give notice of the time, date, place and subject matter ~f such hearing at least seven (7) days pdor to the hear- ing. Such notice shall be served by ordinary mail addressed to each property owner of land includ- ed within such proposed district or to each prop- arty owner upon whose land the proposed land- mark or any part of it is located at the owner's last known address. If the address of any prop- erty owner is unkelown, such notice shall be served by ordinary mail ~,ddressed to the "owner" at the street address of the property in question. The City Clerk shall file an affidavit of mailing set- ting forth the date of mailing and the names and addresses of all property owners notified pursu- ant to this Section. After the public hearing, the Commission shall submit its report to the Plan Ordinance No. Page 8 and Zoning Commission and shall include a pro- posed ordinance establishing such district and describing the boundary thereof. If, after the public healring, the Commis- sion decides to recommend the landmark for designation, the Commission shall submit its report to the Plan and Zoning Commission and shall include a proposed ordinance designating the landmark including a description thereof. 2. A copy of the report shall also be submitted to the State Historical Society of Iowa or its successor for review and recommendations concerning the proposed area or historic land- mark. Comments from the State Historical Soci- ety or its successor regarding the proposed area or historic landmark shall be received by the City prior to the date of any action taken by the Plan and Zoning Commission. B. Plan and Zoning Commission Recom- mendations: Within sixty (60) days of receiving the report and the proposed ordinance from .the Commission and recommendations from the State His- torical Society of Iowa or its successor, the Plan and Zoning Commission shall submit its recommendations to the City Coun(~il with respect to the relation of such conservation district, historic district or landmark designation to the Compre- hensive Plan, Zoning Ordinances, pro- posed public improvements and other plans for the renewal of the area involved. The Plan and Zoning Commis- sion shall recommend approval, disap- proval or modification of the proposed conservation district, historic district or historic landmark. The Historic Preserva- tion Commission shall be advised of any modifications to the proposed conserva- tion district, historic district or histode landmark designation which are recom- mended to the City Council by the P!an- ning and Zoning Commission. C. City Council Review: If the area of the proposed conservation district, historic district or historic landmark designation as approved by the Historic Preservation Commission is altered by the Plan and Zoning Commission, the City Council shall submit a description of the altered proposed area or the petition describing the area or the proposed historic land- mark designation to the State Historical Society of Iowa or its successor for re- See Chap{er 6 of this Title, Ordinance No. Page 9 view and recommendations concerning the altered proposed area or altered proposed historic landmark designatio.n. D. State Recommendations: The recom- mendations from the State Historical Society of Iowa or its successor concam- ing the proposed area or altered pro- posed area or the proposed or altered proposed historic landmark designation shall be received by the City prior to setting a public hearing conducted by the City Council on an ordinance establishing a conservation district, a historic district or designating a historic landmark. Any recommendations made by the State Historical Society of Iowa or its succes- sor shall be made available by the City to the public for viewing during normal working hours at a City government place of public access. E. Public Hearing: After receiving the rec- ommendations of the State Historical Society of Iowa or it~ successor on the proposed area and/or altered proposed area or the proposed or altered proposed historic landmark designation, the City Council shall provide notice of public hearing, as provided by law, and conduct a public hearing on the ordinance estab- lishing a consewation district, a historic district or a historic landmark. The City Council may adopt or reject the ordi- nance or may refer the conservation district, histodc district or historic land- mark designation to the Historic Preser- vati(~n Commission for modification. If the City Council reiers the conservation district, historic district or historic land- mark designation to the Historic Preser- vation Commission for modification, the procedures described in subsections A through D of this Section shall be fol- lowed, with the following exceptions: 1. Unless substantial modifications are proposed, the public hearing requirement de. scribed in Subsection A above may be waived. 2. Only property owners affected by the City Council's proposed, modification shall be notified by mail of the modification prior to action by the Historic Preservation Commission. (Ord. 94-3636, 8-30-94, eft.. 9-1-94) 14-4C-6.1. REGISTER OF HISTORIC LANDMARKS AND HISTORIC DISTRICTS. The City shall maintain a register of historic landmarks and those properties located within historic districts in Iowa City. Ordinance No. Page 10 14-4C-6,2. RECORDINO OF HISTORIC LAND- MARKS. Following the designation of a historic land- mark by the City Council, the City Clerk shall file a copy of the City Council ordinance designating the historic landmark and the legal description of the historic landmark with the building department and shall also record the historic landmark desig- nation In the office of the Recorder of Johnson County, Iowa. The Building Official shall note all historic land- mark designations on the zoning map. 14-4C-6.3, HISTORIC LANDMARK PLAQUES, A prope~ designated as a historic landmark in accordance with this article shall be eligible to have a plaque placed upon it to recognize it as such, The plaque shall be of a standard design approved by the Commission and shall be so placed as to be visible to passing pedestrians. 14-4C-7: APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS: A, Certificate Required: No individual or corporation shall undertake a change in appearance to a historic landmark, or to a building or site within a designated conservation district or historic district for which a regulated permit is required, nor shall the Building Official issue a regulat- ed permit for a change in appearance of a historic landmark or of a building or site in a designated conservation district or historic district, unless a certificate of appropriateness or a certificate of no material effect has been granted or un- less the specific conservation district ordinance for the district which contains the property does not require review for the change of appearance. B. Conditions of Certificate Issuance: The chair of the Historic Preservation Corn. mission and the secretary of the Historic Preservation Commission, or their designees, may issue a certifi(~ate of no material effect if the work contemplated in the application will have no effect on any significant architectural features of the building or on the conservation dis- trict, historic district or on a historic land- mark. C. Application for Certificate; Review: 1. Application for a certificate of appro- priateness shall be made to the Building Official. The application should include drawings, photo- graphs, sketches and other exhibits portraying the work to be accomplished which will assist the Ordinance No. Page 11 Historic Preservation Commission in the consider- ation of the application. 2. Upon.the filing ofsuch application, the Building Official shall immediately notify the His- toric Preservation Commission of the receipt of such application and shall transmit it, together with accompanying plans and other information, to the Commission. 3. All appli~tions received before the closing date, to be established by the Commis- sion, shall be considered by the Commission at its next regularly scheduled meeting.. The Com- mission shall review the application, ~ccording to the duties and powers specified he~'ein. In re- viewing the application, the Commission may confer with the applicant or the applicant's autho- rized representative. In acting upon an applica- tion, the Commission shall consider whether the proposed change in appearance to a historic landmark, or to a building or site within a historic district, preposed by the application conforms to standards set forth in the January, 1979 edition · of the Secretary of Interior's Standards for Reha- bilitation or subsequent revisions thereof. The Commission may use the Secretely of Interlot's Guidelines for Rehabilitating Historic Buildings or subsequent revisions thereof or other guidelines adopted by the Commission to aid in determining whether the proposed change in appearance t~ a historic landmark, building or site conforms to the Secretary of Interior's Slandards for Rehabil- itation or subsequent revtsidns thereof. The Commission shall use the guidelines contained in their Conservation District Report to determine whether the proposed change in appearance to a building or site within a conservation district conform with the requirements of the conserva- tion district ordinance. D. Approval or Disapproval of'Certificate: The Commission shall approve, modify or disapprove the application, The find- ings of the Commission on each applica- tion shall be contained in a written reso- lution setting forth the full re~,son for its decision and the vote of each member participating therein. Such resolution shall be placed on file for public inspec- tion in the office of the City Clerk within five (5) business days after the meeting at which the application was acted upon. Thereafter, a copy of the resolution shall be sent to the applicent by ordinary mail, If the application {s approved or ap- proved with modifications acceptable to the applicant, a cerlificate of appropriate- ness will be issued, signed by the chair- person and immediately transmitted Ordinance No, · Page 12 along with the application to the Building Official. If the application isdisappmved, the application will be immediately trane- miffed, along with the written resolution of the Commission's findings, to the Building Official. Appeal to the City Council: Any appli- cant aggrieved by any decision of the Commission regarding a Certificate of Appropriateness in a historic district or for a histodc landmark, may appeal the action to the City Council. Such an ap- peal must be in writing and must he filed with the City Clerk no later than ten (10) business days after the filing of the above mentioned resolution. The City Council shall, within a reasonable time, hold a public hearing on the appeal, give the public notice as required by State law, as well as provide wdtten notice to the applicant and to the appellant, if different from the applicant, and decide the appeal within a reasonable time. In deciding such appeal, the City Council shall consider whether the Commission has exemised its powers and followed the guidelines established by law and this Article, and whether the Commission's action was patently arbi- trary or capricious. In exemising the above mentioned powers, the City Coun- cil may, in conformity with the provision§ of this Article, reverse or affirm, wholly or partly, or may modify the order, require- ment, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Commission from whom the appeal is taken. Judicial Appeal: If not satisfied with the d~cision of the City Council, the appellant may appeal to the Johnson County Dis- trict Court within thirty (30) days after the City Council's decision. Appeal to Board of Adjustment: Any applicant aggrieved by any decision of the Commission regarding a Certificate of' Appropriateness in a conservation distdct may appeal the action to the Board of Adjustment. Such an appeal must be in wdting and must be filed with the City Clerk no later than ten (10) busi-' ness days after the filing of the Commis- sion's resolution.. The Board of Adjust- ment shall, hold a public hearing on the appeal, give the public notice as required Ordinance No. Page 13 by State law, as well as provide written notice to the applicant and to the appel- lant, if different from the applicant, and decide the appeal within a reasonable' time. In deciding such an appeal, the Board of Adjustment shall consider whether the Commission has exercised its powers and followed the guidelines established by law, this article and the Conservation District Report, and shall 'determine whether or not the Commls- 'slon's actions were arbitrary and capri- ~cious. In exercising these powers, the 'Board of Adjustment may, in conformity with the provisions of this article, affirm or reverse, wholly or partly, or may modi- fy the order, requirement, determination or decision appealed from and may make such.order requirement, determi- nation, or decision as ought to be made.. and to that end shall have the powers of the Commission from whom the appeal is taken, H. Compliance with Certificate Required: Certificates of Appropriateness issued on the basis of approved applications autho- rize only those changes in appearance set forth in such approved applications and no other changes in appearance. It shall be the duty of the Building Official or designee to inspect, from time to time, any wok pertormed pursuant to such a. certificate to ensure compliance with the requirements of such certificate. If it is found that such work is not being carried out in accordance with the certificate, the Building Official shall issue a stop work order. Any change in appearance at 'variance with that authorized by the cer- tificate shall be deemed a violation of these regulations. (Oral. 94-3636, 8-30- 9'4, eft. 9-1-94) 14-4C-8: REMEDY OF DANGEROUS CONDI- 'norms": A, Except for emergencies as determined by the Building Official pursuant to the ordinances of the City, City enforcement agencies and departments shall give the Historic Preservation Commission at least thirty (30) days' notice of any pro- posed order for remedying conditions determined to be dangerous to life, · health or property which may a~fect the exterior features of any building, See also Sadon 14-5F-3 of this Title. Ordinance No. Page 14 B. The Commission shall have the power to require that changes or alterations not adversely affect the exterior features of a building in cases where the danger to life, health or property may be abated without detracting from the exterior fea- tures of the building. In such cases, it shall be the responsibility of the Commis- sion and the City enfomement agency or department to cooperate with the proper- ty owner in an attempt to achieve a pres- ervation solution whereby the dangerous conditions will be corrected with minimal adverse impact on extedor features, Such plan shall be approved by the Commission and shall be signed 'by the chair of the Commission, the properi,/ owner and the head of the City enforcement agency or department. C. If a solution acceptable to the Commis- sion, the City enfomement agency or department and the property owner can- not be reached with!n thirty (30) days or a period of time acceptable to the City enforcement agency or department, the agency or department shall proceed to issue and enforce its proposed order, (Ord. 94-3636, 8-30-94, eft. 9-1-94) 14-4C.9: COMPLIANCE WITH ZONING REGU. LATIONS: Any new building shall conform to all setback requirements of the zdne in which it is to be built or moved~ unless in the case of a con- setration district the consewation district ordi- nance provides for alternative reciuirements, However, it a building has been damaged or destroyed due to fire, explosion, act of God or other hatural disasters, it may be placed upon its odglnal foundation or the site of the original foun- dation regardless of the extent of damages, pro- vialed it is reconstructed as near as possible to the original exterior design9. (Ord, 94-3636, 8- 30-94, eft, 9-1-94) 14-4C-10: PENALTIES: Any violation of this Chapter shall be considered a simple misde- meanor or Municipal infraction or environmental infraction as provided for in Title 1, Chapter 4 of the City Code. (Ord, 94-3636, 8-30-94, eft. 9-1- 94) See Section 14.6Q-4 of this Title. = See Chapter 6, Article T of this Tille for restoration ol nonconforming structures. Ordinance Ro. Page 15 SECTION II. AMENDMENT. Chapter 6, entitled "Zoning," Adicle J, entitled "Overlay Zones," is · hereby amended as follows: a. Section 14-6,1:3, entitled"Historic Preser- vation Oveday Zone (OHP) is hereby repealed and replaced therewith by new section 14-6J-3, entitled "Historic Preser- vation Overlay Zone," as follows: 14-6J-3: HISTORIC PRESERVATION OVERLAY ZONE (OHP)~°: A, Purpose: The purpose of the OHP zone is to: 1, Promote the educational, cultural, economic and general welfare of the public by protecting, enhancing and perpetuating historic landmarks and districts of historic and cultural significance located in the City; 2. Safeguard the Cify's historic, aesthet- ic, and cultural heritage by preserving historic landmad(s and districts of historical, amhitectural and cultural significance; 3. Stabilize and improve property values by conserving historic properties; 4, Foster civic p~de in the legacy and beauty of past achievements; 5. Protect and enhance the City's attrac- tirehess to tourists and visitors, thereby support- ing and stimulating business; 6. Strengthen the economy of the City; and 7. Promote the useof historic landmarks and districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City. B. Descriptions: 1. An OHP zone is an area that contains abutting pieces o~ propedy under diverse own~ ership which: a. Are significant to Amedcan and/or iowa City history, architecture, ar- chaeology and culture; or b. Possess integrity of location, design, setting, materials and workership; or c. Are associated with events that have made a significant contribution to the broad patterns of ou~' history; or d. Are associated with the lives of persons significant in our past; or e. Embody the distinctive char- ectedstics of a type, pedod, method of construction; represent the work of a master; possess high artistic values; ~See Chapter 4, A~cle Col this Tige for historic preser- vation regulations. Ordinance No. Page 16 represent a significant and distinguish- able entity whose components may lack individual distinction; or f. Have yielded or may likely yield information important in pre~history or history. (1978 Code §38-53) 2. A historic landmark is any building, structure, object, area of land or element of land- scape amhitecture with significance, importance or value consistent with the criteria contained in Sections 14-6J-3B of this Chapter and which has been designated as a histodc landmark by the City Council pursuant to this Article. C, Procedures for Designation of Historic Landmarks, OHP and Conservation Ovei'lay (OC)" Zones: 1. Report by Historic Preservation Com- mission; Hearing: a, The Historic Preservation C(~mmission must make a report recom- mending that an area be designated an OC, OHP zone or histodc landmark, Before any report or recommendation is submitted to the Plan and Zoning Com- mission for review, the Historic Preser- vation Commission shall hold a public hearing on any proposal to designate an area as an OC zone, OHP zone or his- toric landmark. The Historic Preservation Commission shall give notice of the time, date, place and subject matter of such headng at least seven (7) days prior to the hearing, Such notice shall be served ~)y ordinary mail addressed to each prop- erty owner of land included in such pro- posed OC, OHP zone or historic land- [hark at the property owner's last known address. If the Address of any property owner is unknown, such notice shall be served by ordinary mail addressed to "owner" at the street address of the prop- erty in question. The City Clerk shall file an affidavit of mailing setting forth the date of maillng and the names and ad- dresses of all property ownere notified pursuant to this subsection. After this public headrig, the Historic Preservation Commission shall submit its report to the Plan and Zoning Commission and shall include a proposed ordinance establish- ing such OC, OHP zone or historic land- mark and describing the boundary. ~See Chapter 6, A~lide 5, Sect:ion 4 of this Title regarding Conserva~on Overlay Zones. · Ordinance No. I:'~ Page 17 b, A copy of the report shall also be submitted to the State Historical Soci- ety of Iowa or its successors for review 'and recommendations concerning the proposed area, Comments from the State Historical Society of Iowa or its successor regarding the proposed area shall be received by the City prior to an action by the Plan and Zoning Commis- sion which sets forth recommendations to the City Council on an ordinance estab- lishing the proposed area as an OC, ORP zone or historic landmark, 2. Plan and Zoning Commission Rec- ommendation: Within sixty (60) days of receiving the report and the proposed ordinance from the Commission and recommendations from the State Historical Society of Iowa or its successor, the Plan and Zoning Commission shall submit its recommendations to the City Council based on the relation of such designation to the Compre- hensive Plan, as amended, Zoning Ordinance, proposed public improve.ments and other plans for the renewal of the area involved. The Plan and Zoning Commission shall recommend ap- proval, disapproval or modification of the pro- posed OC, OHP zone or historic landmark. Upon submission of the report of the Plan and Zoning Commission or upon the expiration of the sixty (60) day period, the matter shall be transmitted to the City Council. The Historic Preservation Com- mission shall be advised of any modifications to the proposed OC, OHP zone or historic landmark recommended by the Plan and Zoning Commis- sion. 3. City Council Report Alterations to State: If the Plan and Zoning Commission alters the area of the proposed OC, OHP zone or his- toric landmark as approved by the Historic Pres- ervation Commission, the City Council shall sub- mit a description of the altered proposed area or the petition describing the area to the State His- torical Society of Iowa or its successor for review and recommendation concerning the altered pro- posed OC, OHP zone or historic landmark. 4, State Recommendations; Hearing: a. The City must receive rec- ommendations from the State Historical Society of Iowa or its successor concern- ing the proposed OC, OHP zone or his- toric landmark and area or altered pro- posed OC, OHP zone or histortc land- mark snd area I~rior to setting a public hearing on ordinance establishing an OC, OHP zone or historic landmark. The City shall make any recommendations made by the State Historical Society of Ordinance No. Page 18 Iowa or its successor availabl~ to the public for viewing during normal working hours at a City government place of public address. b. After receiving the recom. rnendations of the State Historical Scci- e~/of Iowa or its successor on the pro- posed OC, OHP zone or historic land- mark and area and/or altered proposed 0¢, OHP zone or historic landmark and area, the City Council shall provide no- tice of public hearing as provided by law and conduct a public hearing on the ordi- nance establishing an OC, OHP zone or historic landmark, The City Council may adopt or reject the ordinance or may refer the OC, OHP zone or historic land- mark designation to the Historic Preser- vation Commission for modification. If the City Council refers the OC, OHP zone or historic landmark designation to the Historic Preservation Commission for modification, the procedures described in subsections C1 through C4:. of this Sec- tion shall be followed, with the following exceptions: (1) Unless substantial modifications are proposed, the public hearing require- ment described in subsection C1 of this Section may be waived. (2) Only property owners affected by the City Council's proposed modification shall be notified by mail of the modifica- tion prior to action by the Historic Pres- ervation Commission, (1978 Code §38-54; 1994 Code) b. Adicle 14-6J, entitled "Overlay Zones," is hereby amended by adding new Section 14-6J-4, entitled "Consewation Overlay Zone (OC)," as follows: 14-6J-3: CONSERVATION OVERLAY ZONE (OC): A. Purpose: The purpose of the OC zone is to: 1. Consewe the unique characteristics of older neighborhoods, including their architectural, historical and aesthetic qualities; Provide for design review of new con- struction or alteration of existing buildings to assure corcpatibility with the existing character of older neighborhoods; 2, Enc(~urage the retention and rehabil- itation of existing dwelling units in older neigh- borhoods; Ordinance No. Page 19 3, Stabilize propertyvalues and encour- age reinvestment in older neighborhoods; and 4. Protect the environmental setting of historic landmarks and historic preservation over- lay zones in close proximity to or surrounded by OC zones. B. Descriptions: An OC zone is an area that contains abutting pieces of property under diveme ownership, the built por- tions of which by majority are at least 50 years old and which: 1, According to a historic resources survey, no more than 60% of the structures are of a quality, integrity and condition that quality for histodc district designation; and 2. Represent the traditional character of Iowa City neighborhoods through architectural characteristics, building scale, building setback, and streetscape design; or 3, Exemplify a pattern of neighborhood settlement or development significant to the cul- tural history or tradition of Iowa City; or 4, Represent unique or unusual physical character that creates a distinctivehess. C. Procedures for Designation of OC Zones: 1. Preliminary Report: a. Upon the petition of six or more property owners within the pro- posed OC zone, or upon the Historic Preservation Commission's own initiative, the Historic Presen/ation Commission shall prepare a preliminary report regard- ing the appropriateness of the application of an OC zone to an area identified by the petitioners or the Historic Preserva- tion Commission. In making its determi- nation as to whether or not an OC zone should be established for the neighbor- hood, the Histodc Preservation Commis- sion shall consider the following: 1) The degree to which the area contains the general character and appearance of its original period of de- velopment; 2) The extent to which the area evidences ongoing maintenance of exist- ing older buildings; 3) The potential for rehabilitation of existing buildings in the area; 4) The degree to which the area displays traditional neighborhood charac- ter as is evidenced by architectural styles, building scale, building setback; and 5) The concerns of residents and property owners in the area, Ordinance No. · Page 20 If the Historic Preservation Com- mission determines that the area does not meet the criteda necessary for con- sideration as an OC zone, the Historic Preservation Commission shall end its study and inform the petitioners of its findings. If the Historic Preservation Commission determines that the area or a portion of the area contains charac- teristics to make it appropriate for the establishment of an OC zone, the His- tortc Preservation Commission shall prepare a Conservation District Report. 2. Conservation District Report: The Conservation Distdct Report shall be prepared by the Historic Preservation Commission in consulta- tion with district property owners. and residehts. The Conservation District Report shall: a. Include a study of the charac- teristics of the proposed OC zone, in- cluding architectural characteristics, ele- ments of the streetscape, physical con- ditions of buildings, age of buildings, · history of buildings, and property owner- ship patterns; b. Define the boundaries of the proposed OC zone; Contain guidelines for alter- ation and rehabilitation of existing build- ings within the OC zone; c. Contain guidelines for the construction of new buildings within the OC zone; d. Identify modifications, if any, to the dimensional requirements of the underlying zoning district based on the prevailing character of existing develop- ment; e. Identify modifications, if any, to the off-street parking requirements which apply to uses in the underlying zone; f. Establish the level of review required for changes of appearance to buildings within the OC Zone; and g. Contain an ordinance imple- menting the provision of the specific OC zone. Establishment of any OC zone requires City Council adoption of Conser- vation District Ordinances specific to each OC zone. 3. Levels of Review: For each OC zone the Conservation Dtstdct Report shall establish the level of review required for changes of ap- pearance according to the following categories: a. Major review for certificate of appropriateness: A review by the Corn- Ordinance No, Page 21 mission which considers pro. posed de- signs which involve construction of a building, removal of a building, demolition of a building, or proposed alterations of specifically identified existing prevalent amhitectural features which, according to the conservation district ordinance and the conservation distdct report prepared by the Commission, signify the character of that district. Major reviews shall be conducted according to the requirements for a certificate o.f appropriateness (con- tained in Title 14-4C-7). b. Intermediate review for certifi- cate of appropriateness: A review by Commission staff in consultation with the chair of the Commission or, alternately, the designee of the chair, who consider proposed designs which involve existing prevalent architectural features, which, according to the conservation district ordinance and to the conservation district report, contribute to the character of the district. An approval of a design subject to intermediate review shall require the assent of Commission staff in consulta- tion with the Commission's chair or vice chair. Wdtten report of this review pro- cess shall be made to the Commission by the next scheduled Commission meet- ing. c. Minor rsvie~ for certificate of appropriateness: A review by appropri- ate City staff who assess proposed de- signs which involve exterior changes that have no material effect on existing preva- lent amhitectural features as determined by the conservation district ordinance and the conservation distdct report pre- pared by the Commission on such indi- vidual district. A minor review shall be conducted in the process of issuing a regulated building permit. Wdtten report of this review process shall be made to the Commission by the next scheduled Commission meeting. 4. Hearing: Approval of a Conservation District Report establishing an OC zone shall be by ordinance in accordance with the procedures set forth in §14-6J-3C, Procedures for Designa- tion of OHP and OC Zones, of this chapter. SECTION Ill. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be ad- judged to be invalid or unconstitutional, such Ordinance No. Page 22 adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged. invalid or unconstitu- tional. SECTION V. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR ATTEST: OlTY CLERK Approved by: .~ ppdadm~n~oph-oc.o~d Iowa City H!storic '~-~-~:t ~ · · ~ ~// ~ ~. ~ 410 E. Wash~ngton St. ~// ~ ~--: ..... : -~: _._~__~.~. ~,~ ~ ~ ~ ........... - ..... ~ ........ To: From: Date: Re. The Planning & Zoning Commission Douglas S. Russell, Chair, Iowa City Historic Preservation Commission June 7, 1995 Proposed Conservation District Ordinance and Proposed Landmark Ordinance The Historic Preservation Commission is proposing to amend the historic preservation regulations of Section 14-4C of the Iowa City Code to authorize the Historic Preservation Commission, with the approval of the Planning and Zoning Commission, to recommend the designation of historic landmarks and conservation districts by the Iowa City Council. The purpose of the amendments is to add historic landmarks to the current historic preservation overlay (OHP) and to create a new zoning category, a conservation district which will enter the zoning law as a conservation overlay (OC). Attached to this memo is an outline of the current Historic Preservation Ordinance with the proposed additions for landmarks added and underlined and the proposed additions for conservation districts added in bold italicized words. HISTORIC LANDMARKS: It has long been the view of the Historic Preservation Commission and was a conclusion of the historic preservation plan, that the Historic Preservation Ordinance was too limited in its application because only historic districts were the subjects of the protections offered by the ordinance. Because historic districts were defined as multiple units of property rather than individual properties, the Historic Preservation Commission is proposing amendments that would allow an individual building, object or area or a small grouping of buildings, not otherwise deemed to be appropriate for an historic district, to be designated as I0wa City historic landmarks and receive the protections of the Historic Preservation Ordinance. Historic landmarks would receive the same 0HP treatment as historic districts and would be administered in the same fashion. The proposed ordinance would handle historic landmarks the same as it has handled historic districts since the inception of the Historic Preservation Ordinance in 1982. Properties designated as landmarks for which an owner seeks to make an exterior alteration requiring a building permit would require review by the Historic Preservation Commission. Similarly, any application for a building or demolition permit concerning an historic landmark would be subject to commission review. The proposed amendments would create a register of historic landmarks and historic districts to be maintained by the City and would create an historic landmark plaque program so that designated landmarks would have public recognition. An historic landmark designation and the legal description of the historic landmark would be recorded with the Recorder of Johnson County, Iowa and would run with the land. Section 14-6J-3, Historic Preservation Overlay Zone (OHP) is also amended by the addition of historic landmarks to the current regulations concerning historic districts. CONSERVATION DISTRICTS: The proposed amendments for conservation districts are intended to help protect traditional Iowa City neighborhoods which may not meet the definitional requirements for historic districting. The conservation district proposal includes a new section, 14-6J-4, concerning the purpose, descriptions and procedures for creating conservation districts. An important feature of the proposed ordinance is the conservation district report which would be prepared by the Historic Preservation Commission in consultation with property owners and residents within a proposed conservation district. The report will contain guidelines for regulation within the new conservation district. It is anticipated that the specific regulations for each conservation district may vary, district by district, to reflect the needs of a particular area, its history and building stock. Unlike the historic landmark and historic district regulation, the conservation district regulation will have three levels of review designed to streamline the process of commission review. The proposed amendments to the ordinance are, in effect, enabling legislation which would authorize the City Council to designate historic landmarks and conservation districts upon the recommendation of the Historic Preservation and Planning and Zoning Commissions. The amendments do not, by themselves, create any conservation districts or designate any historic landmarks. It is anticipated that on a regular basis the Historic Preservation 2 Commission will recommend numbers of historic landmarks for designation. It is anticipated that conservation districts will be recommended on a case by case basis following detailed surveys of Iowa City neighborhoods conducted at the direction of the Historic Preservation Commission. It is not known at this time how many Iowa City historic landmarks may be designated or~w many neighborhoods or areas may be appropriate subjects for conservation districting. Each proposed new landmark or conservation district would be subject to review by the Planning and Zoning ~mmission before it is placed on the City Council agenda. 3 1. PROPOSED CONSERVATION DISTRICT BOLD ITALICIZED WORDS ARE ADDITIONS TO PRESENT ORDINANCE JUNE 1, SEVENTH DRAFT 2. PROPOSED LANDMARK ORDINANCE JUNE 1, 1995, FIFTH DRAFT UNDERLINED WORDS ARE ADDITIONS TO PRESENT ORDINANCE CHAPTER 4 LAND CONTROL AND DEVELOPMENT ARTICLE C. HISTORIC PRESERVATION REGULATIONS SECTION: 14-4C-1: 14-4C-2: 14-4C-3: 14-4C-4: 14-4C-5: 14-4C-6: 14-4C-6.1: 14-4C-6.2: 14-4C-6.3: 14-4C-7: 14-4C-8: 14-4C-9: 14-4C-10: Purpose and Intent Definitions Historic Preservation Commission Rules of the Commission Powers of the Commission Procedures for the Designation of Historic Districts and Historic Landmarks Re¢lister of Historic Landmarks and Historic Districts Recordinq of Historic Landmarks Historic Landmark Plaques Applications for Certificates of Appropriateness Remedy of Dangerous Conditions Compliance with Zoning Regulations Penalties 14-4C-1: PURPOSE AND INTENT: The purpose of this Article is to: Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement and perpetuation of historic districts and historic and cultural landmarks located in the City; Safeguard the City's historic, aesthetic and cultural heritage by preserving districts, historic landmarks and properties of historical, architectural and cultural significance; C. Stabilize and improve property values by conserving historic properties; D. Foster civic pride in the legacy of beauty and achievements of the past; Protect and enhance the City's attractions to tourists and visitors and thereby support and stimulate business thereby provided; F. Strengthen the economy of the City; and Promote the use of districts of historic and cultural significance as sites for the educa- tion, pleasure and welfare of the people of the City. (Ord. 94-3636, 8-30-94, eff. 9-1- 94) 14-4C-2: DEFINITIONS: As used in this Article, the following definitions shall apply: APPLICANT: The party making application for a certificate of appropriateness from the Iowa City Historic Preservation Commission. APPLICATION: A written request by a property owner or other party to the Iowa City Historic Preservation Commission for a certificate of appropriateness. CERTIFICATE OF APPROPRIATENESS: The document, evidencing approval by the Historic Preservation Commission of a proposal to make a change in appearance, which must be obtained before a regulated permit may be issued. CERTIFICATE OF NO MATERIAL EFFECT: The document, issued in lieu of a certificate of appropriateness, which signifies that the work contemplated in the application will have no effect on any significant architectural features of the building, historic landmark or on the historic district. The certificate of no material effect evidences approval by the Historic Preservation Commission and the Department of Planning and Community Development of a proposal to make a change in appearance. CHANGE IN APPEARANCE: Any change or alteration of the exterior features of a landmark, of a building or change or alteration of the appearance of a property within a historic district or conservation district. This definition shall pertain only to changes in appearance which are visible from the public way or from adjacent properties and for which a building, demolition, house moving or other regulated permit is required for compliance with applicable City codes? Furthermore, nothing in this definition shall be construed to prohibit or limit normal repairs or maintenance which do not involve alterations or changes in the exterior features of a historic landmark or of a building and for which no regulated permit is required. For the purposes of this Article, changes made in the color of the exterior surfaces of a building are not considered a change in appearance, but deemed to be ordinary maintenance and repair. CHANGE or ALTERATION: the erection of a building on a site, the movement of a building from or to a site, the demolition of a building, the reconstruction or restoration of a building or any action to change, modify, reconstruct, remove or demolish any exterior feature of an existing building or historic landmark. COMMISSION: The Iowa City Historic Preservation Commission, as established by Ordinance 94-3636 in accord with this adopted Article. CONSERVA T/ON DISTRICT: An area that contains abutting pieces of property under diverse ownership, the built portions of which by majority are at least 50 years old and which: According to a historic resources survey, no more than 60% of the structures are of a quality, integrity and condition that qualify for historic district designa- tion; and 8. Represent the traditional character of Iowa City neighborhoods through archi- tecturalcharacteristics, building scale, building setback, and streetscape design; or see Chapter 5, Article G of this Title for moving buildings, 2 Exemplify a pattern of neighborhood settlement or development significant to the cultural history or tradition of Iowa City; or D. Represent unique or unusual physical character that creates a distinctivehess. EXTERIOR FEATURES: The architectural style, general design and arrangement of the exterior of a building, including the kind and texture of building material and the type and style of all windows, doors, light fixtures, signs and other appu~enant fixtures. HISTORIC DISTRICT: An area that contains contiguous pieces of property under diverse ownership which: Are significant to American history, architecture, archaeology and culture or Iowa City history, architecture, archaeology and culture; or B. Possess integrity of location, design, setting, materials and workership; or Are associated with events that have made a significant contribution to the broad patterns of our history; or D. Are associated with the lives of persons significant in our past; or Embody the distinctive characteristics of a type, period, method of construction; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction; or F. Have yielded or may be likely to yield information im2ortant in prehistory or history. HISTORIC LANDMARK: Any buildina, structure, obiect, archaeoloqical site, area of land or element of landscape architecture with significance, importance or value consistent with the criteria contained in paragraphs A.-F. of the definition of historic district contained in '.his Article, which has been desiqnated as a historic landmark by the Iowa City City Council pursuant to this Article. PROPERTY OWNER: An individual or group of individuals, corporation, partnership, associa- tion or in any entity, including State and local governments and agencies, which own real estate. REGULATED PERMIT: A permit issued by the Building Official or other official of the City, according to the provisions of the Uniform Building Coder, "Sign Regulations"2, House Movers' Ordinance3 or Fire Code4. (Ord. 94-3636, 8-30-94, eff. 9-1-94) See Chapter 5, Article A of this Title. See Chapter 6, Article O of this Title. See Chapter 5, Article G of this Title. See Title 7, Chapter 1 of the City Code. 3 14-4C-3: HISTORIC PRESERVATION COMMISSION: An Iowa City Historic Preservation Commission is hereby reestablished and the current members thereof are hereby authorized and directed to fulfill their existing terms and directives consistent with this Article. The Commission shall consist of seven (7) members who shall be residents of the City. Members of the Commission shall be appointed by the City Council. At least one resident of each designated historic district shall be appointed to the Commission. Other members shall be chosen at large from any part of the City and shall have some expertise in history, urban planning, architecture, archaeology, law, sociology or other closely related field, or shall demonstrate interest in the area of historic preservation. At least three (3) of the members shall hold appointments at large. Should the number of officially designated City historic districts exceed four (4) in number, a new member shall be added to the Commission for each new district in excess of four (4) districts. The new member shall be appointed by the City Council as soon as practicable after the official designation of the historic district triggering the operation of the preceding clause. C. Members shall serve three (3) year terms. Vacancies occurring in the Commission, other than by expiration of term of office, shall be filled only for the unexpired term. Members may serve for more than one term and each member shall serve until the appointment of a successor. Members shall serve without compensation except for any expenses deemed reason- able and budgeted by the City Council. A simple majority of the Commission shall constitute a quorum for the transaction of business. (Ord. 94-3636, 8-30-94, elf. 9-1-94) 14-4C-4: RULES OF THE COMMISSION: The Historic Preservation Commission shall elect from its membership a chairperson and vice-chairperson whose term of office shall be one year. The chairperson and vice- chairperson may serve for more than one term. The chairperson shall preside over the Commission and have the right to vote. The vice-chairperson shall, in cases of ab- sence or disability of the chairperson, perform the duties of the chairperson. The City Manager shall designate a person to serve as secretary to the Commission. The secretary shall keep a record of all applications for certificates of appropriateness, resolutions, proceedings, and actions of the Historic Preservation Commission. The Commission shall recommend rules or by-laws for the transaction of its regular business to the city Council for adoption. The Commission shall have the authority to adopt rules of procedure in connection with the approval or disapproval of certificates of appropriateness subject to approval of the City Council. 4 The Commission shall keep a record, which shall be open to public view, of its resolu- tions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majority of those members present shall be sufficient for a certificate of appropriateness to be granted, or for the adoption of any resolution, motion or other action of the Commission. The Commission shall submit a report on its activities to the Council and may make such recommendations to the City Council as it deems necessary to carry out the principles of this Article. (Ord. 94-3636, 8-30-94, elf. 9-1-94) 14-4C-5: POWERS OF THE COMMISSION: The Commission shall be authorized to conduct studies for the identification and designation of conservation districts, historic districts and historic landmarks meeting the definitions established by this Article. The Commission may proceed at its own initiative or upon a petition from any person, group or association. Any request from a person, group or association to desiqnate a conservation district, historic landmark or historic d str ct sha be commenced by submitting to the Commis- sion a nomination on a form furnished by the Commission, Bo The Commission shall make a recommendation to the office of the State Historical Society of Iowa for the listing of a historical district or site or historic landmark in the National Register of Historic Places and shall conduct a public hearing thereon. The Commission shall review and act upon all applications for certificates of appropri- ateness, pursuant to Section 14-4C-7 of this Article. The Commission shall cooperate with property owners and City agencies pursuant to the provisions of Section 14-4C-8 of this Article. The Commission shall further the efforts of historic preservation in the City by making recommendations to the City Council and City commissions and boards on preservation issues when appropriate, by encouraging the protection and enhancement of structures with historical, architectural or cultural value, and by encouraging persons and organi- zations to become involved in preservation activities. The Commission shall not obligate itself or the City in any financial undertaking unless authorized to do so by the City Council. (Ord. 94-3636, 8-30-94, eft. 9-1-94) 14-4C-6: PROCEDU RES FOR THE DESIGNATION OF CONSERVA TIONDISTRICTS, HISTORIC DISTRICTS AND HISTORIC LANDMARKS. A. Report Required: 1. The Commission must make a report to the Plan and Zoning Commission recom- mending that an area be designated a conservation district, a historic district or a historic landmark. Before any report or recommendation is submitted, the Commission shall hold a public hearing on any proposal to designate an area as a conservation district, a historic district or a historic landmark. The Commission shall give notice of the time, date, place and subject matter of such hearing at least seven (7) days prior to the hearin.q. Such notice shall be served by ordinary mail addressed to each proper- So ty owner of land included within such proposed district or to each property owner upon whose land the proposed landmark or any part of it is located at the owner's last known address. If the address of any property owner is unknown, such notice shall be served by ordinary mail addressed to the "owner" at the street address of the property in question. The City Clerk shall file an affidavit of mailing setting forth the date of mailing and the names and addresses of all property owners notified pursuant to this Section. After the public hearing, the Commission shall submit its report to the Plan and Zoning Commission and shall include a proposed ordinance establishing such district and describing the boundary thereof. If, after the public hearincl, the Commission decides to recommend the landmark for designation, the Commission shall submit its report to the Plan and Zoninq Commission and shall include a proposed ordinance desicinatinq the landmark includin~ a description .thereof. 2. A copy of the report shall also be submitted to the State Historical Society of Iowa or its successor for review and recommendations concerning the proposed area or historic landmark. Comments from the State Historical Society or its successor regarding the proposed area or historic landmark shall be received by the City prior to the date of any action taken by the Plan and Zoning Commission. Plan and Zoning Commission Recommendations: Within sixty (60) days of receiving the report and the proposed ordinance from the Commission and recommendations from the State Historical Society of Iowa or its successor, the Plan and Zoning Com- mission shall submit its recommendations to the City Council with respect to the relation of such conservation district, historic district or landmark designation to the Comprehensive Plan, Zoning Ordinance~, proposed public improvements and other plans for the renewal of the area involved. The Plan and Zoning Commission shall recommend approval, disapproval or modification of the proposed conservation district, historic district or historic landmark. The Historic Preservation Commission shall be advised of any modifications to the proposed conservation district, historic district or historic landmark desiqnation which are recommended to the City Council by the Planning and Zoning Commission. City Council Review: If the area of the proposed conservation district, historic district or historic landmark desiqnation as approved by the Historic Preservation Commission is altered by the Plan and Zoning Commission, the City Council shall submit a descrip- tion of the altered proposed area or the petition describing the area or the proposed historic landmark desiqnation to the State Historical Society of Iowa or its successor for review and recommendations concerning the altered proposed area or altered proposed historic landmark desiqnation. State Recommendations: The recommendations from the State Historical Society of Iowa or its successor concerning the proposed area or altered proposed area or the proposed or altered proposed historic landmark designation shall be received by the City prior to setting a public hearing conducted by the City Council on an ordinance establishing a conservation district, a historic district or designatin¢l a historic land- mark. Any recommendations made by the State Historical Society of Iowa or its See Chapter 6 of this Title. 6 successor shall be made available by the City to the public for viewing during normal working hours at a City government place of public access. Public Hearing: After receiving the recommendations of the State Historical Society of Iowa or its successor on the proposed area and/or altered proposed area or the proposed or altered proposed historic landmark designation, the City Council shall provide notice of public hearing, as provided by law, and conduct a public hearing on the ordinance establishing a conservation district, a historic district or a historic landmark. The City Council may adopt or reject the ordinance or may refer the conser- vation district, historic district or historic landmark designation to the Historic Preserva- tion Commission for modification. If the City Council refers the conservatio/~ district, historic district or historic landmark designation to the Historic Preservation Commis- sion for modification, the procedures described in subsections A through D of this Section shall be followed, with the following exceptions: 1. Unless substantial modifications are proposed, the public hearing requirement de- scribed in Subsection A above may be waived. 2. Only property owners affected by the City Council's proposed modification shall be notified by mail of the modification prior to action by the Historic Preservation Commission. (Ord. 94-3636, 8-30-94, elf. 9-1-94) 14-4C-6.1. REGISTER OF HISTORIC LANDMARKS AND HISTORIC DISTRICTS. The City shall maintain a reQister of historic landmarks and those properties located within historic districts in Iowa City. 14-4C-6.2. RECORDING OF HISTORIC LANDMARKS. Following the desiclnation of a historic landmark by the City Council, the City Clerk shall file a copy of the City Council ordinance desMnatin~; the historic landmark and the legal descrip- tion of the historic landmark with the buildinq department and shall also record the historic landmark desiqnation in the office of the Recorder of Johnson County, Iowa. The Building Official shall note all historic landmark desi.qnations on the zoning map. 14-4C-6.3. HISTORIC LANDMARK PLAQUES. A property desiqnated as a historic landmark in accordance with this article shall be eliqible to have a plaque placed upon it to recoqnize it as such. The plaque shall be of a standard design approved bv the Commission and shall be so placed as to be visible to passinq pedes- trians. 14-4C-7: APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS: Certificate Required: No individual or corporation shall undertake a change in appear- ance to a historic landmark, or to a building or site within a designated conservation district or historic district for which a regulated permit is required, nor shall the Building Official issue a regulated permit for a change in appearance of a historic landmark or of a building or site in a designated conservation district or historic district, unless a certificate of appropriateness or a certificate of no material effect has been granted or 7 unless the specific conservation district ordinance for the district which contains the property does not require review for the change of appearance. Conditions of Certificate Issuance: The chair of the Historic Preservation Commission and the secretary of the Historic Preservation Commission, or their designees, may issue a certificate of no material effect if the work contemplated in the application will have no effect on any significant architectural features of the building or on the conservation district, historic district or on a historic landmark. Application for Certificate; Review: 1. Application for a certificate of appropriateness shall be made to the Building Official. The application should include drawings, photographs, sketches and other exhibits portraying the work to be accomplished which will assist the Historic Preserva- tion Commission in the consideration of the application. 2. Upon the filing of such application, the Building Official shall immediately notify the Historic Preservation Commission of the receipt of such application and shall transmit it, together with accompanying plans and other information, to the Commission. 3. All applications received before the closing date, to be established by the Commis- sion, shall be considered by the Commission at its next regularly scheduled meeting. The Commission shall review the application, according to the duties and powers specified herein. In reviewing the application, the Commission may confer with the applicant or the applicant's authorized representative. In acting upon an application, the Commission shall consider whether the proposed change in appearance to____~a historic landmark, or to a building or site within a historic district, proposed by the application conforms to standards set forth in the January, 1979 edition of the Secre- tary of Interior's Standards for Rehab/I/tat/on or subsequent revisions thereof. The Commission may use the Secretary of Interior's Guidelines for Rehabilitating Historic Buildings or subsequent revisions thereof or other guidelines adopted by the Commis- sion to aid in determining whether the proposed change in appearance to a historic landmark, building or site conforms to the Secretary of Interior's Standards for Rehabil- itation or subsequent revisions thereof. The Commission shall use the guidelines contained in their Conservation District Report to determine whether the proposed change in appearance to a building or site within a conservation district conform with the requirements of the conservation district ordinance. Approval or Disapproval of Certificate: The Commission shall approve, modify or disapprove the application. The findings of the Commission on each application shall be contained in a written resolution setting forth the full reason for its decision and the vote of each member participating therein. Such resolution shall be placed on file for public inspection in the office of the City Clerk within five (5) business days after the meeting at which the application was acted upon. Thereafter, a copy of the resolution shall be sent to the applicant by ordinary mail. 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 transmitted along with the application to the Building Official. If the application is disapproved, the application will be immediately transmitted, along with the written resolution of the Commission's findings, to the Building Official. 8 Appeal to the City Council: Any applicant aggrieved by any decision of the Commis- sion regarding a Certificate of Appropriateness in a historic district or for a historic landmark, may appeal the action to the City Council. Such an appeal must be in writing and must be filed with the City Clerk no later than ten (10) business days after the filing of the above mentioned resolution. The City Council shall, within a reason- able time, hold a pu51ic hearing on the appeal, give the public notice as required by State law, as well as provide written notice to the applicant and to the appellant, if different from the applicant, and decide the appeal within a reasonable time. In deciding such appeal, the City Council shall consider whether the Commission has exercised its powers and followed the guidelines established by law and this Article, and whether the Commission's action was patently arbitrary or capricious. In axercis- ing the above mentioned powers, the City Council may, in conformity with the provi- sions of this Article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Commission from whom the appeal is taken. Judicial Appeal: If not satisfied with the decision of the City Council, the appellant may appeal to the Johnson County District Court within thirty (30) days after the City Council's decision. Appeal to Board of Adjustment: Any applicant aggrieved by any decision of the Commission regarding a Certificate of Appropriateness in a conservation district may appeal the action to the Board of Adjustment. Such an appeal must be in writing and must be filed with the City Clerk no later than ten {10) business days after the filing of the CommJssion's resolution. The Board of Adjustment shall, hold a public hearing on the appeal, give the public notice as required by State law, as well as provide writtet~ notice to the applicant and to the appellant, ff different from the applicant, and decide the appeal within a reasonable time. In deciding such an appeal, the Board of Adjustment shall consider whether the Commission has exercised its powers and followed the guidelines established by law, this article and the Conservation District Report, and shall determine whether or not the Commission's actions were arbitrary and capricious. In exercising these powers, the Board of Adjustment may, in confor- mity with the provisions of this article, affirm or reverse, wholly or partly, or may modify the order, requirement, determination or decision appealed from and may make such order requirement, determination, or decision as ought to be made, and to that end shall have the powers of the Commission from whom the appeal is taken. Compliance with Certificate Required: Certificates of Appropriateness issued on the basis of approved applications authorize only those changes in appearance set forth in such approved applications and no other changes in appearance. It shall be the duty of the Building Official or designee to inspect, from time to time, any work performed pursuant to such a certificate to ensure compliance with the requirements of such certificate. If it is found that such work is not being carried out in accordance with the certificate, the Building Official shall issue a stop work order. Any change in appear- ance at variance with that authorized by the certificate shall be deemed a violation of these regulations. (0rd. 94-3636, 8-30-94, eff. 9-1-94) 9 14-4C-8: REMEDY OF DANGEROUS CONDITIONS~: Except for emergencies as determined by the Building Official pursuant to the ordinanc- es of the City, City enforcement agencies and departments shall give the Historic Preservation Commission at least thirty (30) days' notice of any proposed order for remedying conditions determined to be dangerous to life, health or property which may affect the exterior features of any building. The Commission shall have the power to require that changes or alterations not adversely affect the exterior features of a building in cases where the danger to life, health or property may be abated without detracting from the exterior features of the building. In such cases, it shall be the responsibility of the Commission and the City enforcement agency or department to cooperate with the property owner in an attempt to achieve a preservation solution whereby the dangerous conditions will be corrected with minimal adverse impact on exterior features. Such plan shall be approved by the Commission and shall be signed by the chair of the Commission, the property owner and the head of the City enforcement agency or department. If a solution acceptable to the Commission, the City enforcement agency or depart- ment and the property owner cannot be reached within thirty (30) days or a period of time acceptable to the City enforcement agency or department, the agency or depart- ment shall proceed to issue and enforce its proposed order. (Ord. 94-3636, 8-30-94, eff. 9-1-94) 14-4C-9: COMPLIANCE WITH ZONING REGULATIONS: Any new building shall conform to all setback requirements of the zone in which it is to be built or moved2 unless in the case of a conservation district the conservaEon district ordinance provides for alternative require- ments. However, if a building has been damaged or destroyed due to fire, explosion, act of God or other natural disasters, it may be placed upon its original foundation or the site of the original foundation regardless of the extent of damages, provided it is reconstructed as near as possible to the original exterior design3. (Ord. 94-3636, 8-30-94, eff. 9-1-94) 14-4C-10: PENALTIES: Any violation of this Chapter shall be considered a simple misde- meanor or Municipal infraction or environmental infraction as provided for in Title 1, Chapter 4 of the City Code. (Ord. 94-3636, 8-30-94, eff. 9-1-94) ppdadmin\historic See also Section 14-5F-3 of this Title. See Section 14-6Q-4 of this Title. See Chapter 6, Article T of this Title for restoration of nonconforming structures. 10 14-6J-3: HISTORIC PRESERVATION OVERLAY ZONE (OHP)~: A. Purpose: The purpose of the OHP zone is to: 1. Promote the educational, cultural, economic and general welfare of the public by protecting, enhancing and perpetuating historic landmarks and districts of historic and cultural significance located in the City; 2. Safeguard the City's historic, aesthetic, and cultural heritage by preserving historic landmarks and districts of historical, architectural and cultural significance; 3. Stabilize and improve property values by conserving historic properties; 4. Foster civic pride in the legacy and beauty of past achievements; 5. Protect and enhance the City's attractiveness to tourists and visitors, thereby supporting and stimulating business; 6. Strengthen the economy of the City; and 7. Promote the use of historic landmarks and districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City. B. Descriptions: 1. An OHP zone is an area that contains abutting pieces of property under diverse ownership which: a. Are significant to American and/or Iowa City history, architecture, ar- chaeology and culture; or b. Possess integrity of location, design, setting, materials and workership; or c. Are associated with events that have made a significant contribution to the broad patterns of our history; or d. Are associated with the lives of persons significant in our past; or e. Embody the distinctive characteristics of a type, period, method of construction; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction; or f. Have yielded or may likely yield information important in pre-history or history. (1978 Code §36-53) ~See Chapter 4, Article C of this Title for historic preservation regulations. A historic landmark is any buildinq, structure, obiect, area of land or element oflandscapearchitecture with si¢inificance, importance or value consistent with the criteria contained in Sections 14-6J-3B of this Chapter and which has been desi~lnated as a historic landmark by the City Council pursuant to this Article. Procedures for Designation of Historic Landmarks, OHP and Conservation Overlay (OC? Zones: Report by Historic Preservation Commission; Hearing: The Historic Preservation Commission must make a report recommend- ing that an area be designated an OC, OHP zone or historic landmark. Before any report or recommendation is submitted to the Plan and Zoning Commission for review, the Historic Preservation Commission shall hold a public hearing on any proposal to designate an area as an OC zone, OHP zone or historic landmark. The Historic Preservation Commission shall give notice of the time, date, place and subject matter of such hearing at least seven (7) days prior to the hearinq. Such notice shall be served by ordinary mail addressed to each property owner of land included in such proposed OC, OHP zone or historic landmark at the property owner's last known address. If the address of any property owner is unknown, such notice shall be served by ordinary mail addressed to "owner" at the street address of the property in question. The City Clerk shall file an affidavit of mailing setting forth the date of mailing and the names and addresses of all property owners notified pursuant to this subsection. After this public hearing, the Historic Preservation Commission shall submit its report to the Plan and Zoning Commission and shall include a proposed ordinance establishing such OC, OHP zone or historic landmark and describing the boundary. A copy of the report shall also be submitted to the State Historical Society of Iowa or its successors for review and recommendations concerning the proposed area. Comments from the State Historical Society of Iowa or its successor regarding the proposed area shall be received by the City prior to an action by the Plan and Zoning Commis- sion which sets forth recommendations to the City Council on an ordinance establishing the proposed area as an OC, OHP zone or .historic landmark. Plan and Zonin9 Commission Recommendation: Within sixty (60) days of receiving the report and the proposed ordinance from the Commission and recommendations from the State Historical Society of Iowa or its successor, the Plan and Zoning Commission shall submit its recommendations to the City Council based on the relation of such designation to the Comprehensive Plan, as amended, Zoning Ordinance, proposed public improvements and other plans for the renewal of the area involved. The Plan and Zoning Commission shall recommend approval, disapproval or modification of the proposed OC, OHP zone or historic landmark. Upon submission of the report of the Plan and Zoning Commission or upon the expiration of the sixty (60) day period, the 2See Chapter 6, Article 5, Section 4 of this Title reEarding Conservation Overlay Zones. matter shall be transmitted to the City Council. The Historic Preservation Commission shall be advised of any modifications to the proposed 0¢, OHP zone or historic landmark recommended by the Plan and Zoning Commission. City Council Report Alterations to State: If the Plan and Zoning Commission alters the area of the proposed 0¢, OHP zone or historic landmark as approved by the Historic Preservation Commission, the City Council shall submit a description of the altered proposed area or the petition describing the area to the State Historical Society of iowa or its successor for review and recommen- dation concerning the altered proposed 0¢, OHP zone or historic landmark. State Recommendations; Hearing: The City must receive recommendations from the State Historical Society of Iowa or its successor concerning the proposed OC, OHP zone or historic landmark and area or altered proposed OC, OHP zone o~r historic landmark and area prior to setting a public hearing on ordinance establishing an 0¢, OHP zone .or historic landmark. The City shall make any recommendations made by the State Historical Society of Iowa or its successor available to the public for viewing during normal working hours at a City government place of public address. After receiving the recommendations of the State Historical Society of Iowa or its successor on the proposed 0¢, OHP zone or historic landmark and area and/or altered proposed OC, OHP zone or historic landmark and area, the City Council shall provide notice of public hearing as provided by law and conduct a public hearing on the ordinance establishing an OC, OHP zone or historic landmark. The City Council may adopt or reject the ordinance or may refer the 0¢, OHP zone or historic landmark designation to the Historic Preservation Commission for modification. if the City Council refers the OC, OHP zone or historic landmark desiqnation to the Historic Preservation Commission for modification, the procedures described in subsections C1 through C4 of this Section shall be followed, with the following exceptions: (1) Unless substantial modifications are proposed, the public hearing requirement described in subsection C1 of this Section may be waived. (2) Only property owners affected by the City Council's proposed modification shall be notified by mail of the modification prior to action by the Historic Preservation Commission. (1978 Code §36~54; 1994 Code) 14-6J-4: CONSERVATION OVERLAY ZONE (OC): A. Purpose: The purpose of the OC zone is to: Conserve the unique characteristics of older neighborhoods, including their architectural, historical and aesthetic qualities; Provide for design review of new construction or alteration of existing buildings to assure compatibility with the existing character of older neighborhoods; Encourage the retention and rehabilitation of existing dwelling units in older neighborhoods; Stabilize property values and encourage reinvestment in older neighborhoods; and Protect the environmental setting of historic landmarks and historic preservation overlay zones in close proximity to or surrounded by OC zones. Descriptions: An OC zone is an area that contains abutting pieces of property under diverse ownership, the built portions of which by majority are at least 50 years old and which: According to a historic resources survey, no more than 60% of the structures are of a quality, integrity and condition that qualify for historic district designation; and Represent the traditional character of Iowa City neighborhoods through architectural characteristics, building scale, building setback, and streetscape design; or Exemplify a pattern of neighborhood settlement or development significant to the cultural history or tradition of Iowa City; or 4. Represent unique or unusual physical character that creates a distinctiveness. C. Procedures for Designation of OC Zones: 1. Preliminary Report: Upon the petition of six or more property owners within the proposed OC zone, or upon the Historic Preservation Commission's own initiative, the Historic Preservation Commission shall prepare a preliminary report regarding the appropriateness of the application of an OC zone to an area identified by the petitioners or the Historic Preservation Commis- sion. In making its determination as to whether or not an OC zone should be established for the neighborhood, the Historic Preservation Commission shall consider the following: 1) The degree to which the area contains the general character and appearance of its original period of development; 2 2) The extent to which the area evidences ongoing maintenance of existing older buildings; 3) The potential for rehabilitation of existing buildings in the area; The degree to which the area displays traditional neighborhood character as is evidenced by architectural styles, building scale, building setback; and 5) The concerns of residents and property owners in the area. If the Historic Preservation Commission determines that the area does not meet the criteria necessary for consideration as an OC zone, the Historic Preservation Commission shall end its study and inform the petitioners of its findings. If the Historic Preservation Commission determines that the area or a portion of the area contains characteristics to make it appropriate for the establishment of an OC zone, the Historic Preservation Commission shall prepare a Conservation District Report. Conservation District Report: The Conservation District Report shall be prepared by the Historic Preservation Commission in consultation with district property owners and residents, The Conservation District Report shall: a. Include a study of the characteristics of the proposed OC zone, including architectural characteristics, elements of the streetscape, physical conditions of buildings, age of buildings, history of buildings, and property ownership patterns; b. Define the boundaries of the proposed OC zone; Contain guidelines for alteration and rehabilitation of existing buildings within the OC zone; d. Contain guidelines for the construction of new buildings within the OC zone; e. Identify modifications, if any, to the dimensional requirements of the underlying zoning district based on the prevailing character of existing development; f. identify modifications, if any, to the off-street parking requirements which apply to uses in the underlying zone; g. Establish the level of review required for changes of appearance to buildings within the OC Zone; and Contain an ordinance implementing the provision of the specific OC zone. Establishment of any OC zone requires City Council adoption of Conservation District Ordinances specific to each OC zone. 3 Levels of Review: For each OC zone the Conservation District Report shall establish the level of review required for changes of appearance according to the following categories: Major review for certificate of appropriateness: A review by the Commission which considers proposed designs which involve construc- tion of a building, removal of a building, demolition of a building, or proposed alterations of specifically identified existing prevalent architectural features which, according to the conservation district ordinance and the conservation district report prepared by the Commis- sion, signify the character of that district. Major reviews shall be conducted according to the requirements for a certificate of appropriate* hess (contained in Title 14-4C-7). Intermediate review for certificate of appropriateness: A review by Commission staff in consultation with the chair of the Commission or, alternately, the designee of the chair, who consider proposed designs which involve existing prevalent architectural features, which, according to the conservation district ordinance and to the conservation district report, contribute to the character of the district. An approval of a design subject to intermediate review shall require the assent of Commission staff in consultation with the Commission's chair or vice chair. Written report of this review process shall be made to the Commission by the next scheduled Commission meeting. Minor review for certificate of appropriateness: A review by appropriate City staff who assess proposed designs which involve exterior changes that have no material effect on existing prevalent architectural features as determined by the conservation district ordinance and the conserva- tion district report prepared by the Commission on such individual district. A minor review shall be conducted in tile process of issuing a regulated building permit. Written report of this review process shall be made to the Commission by the next scheduled Commission meeting. Hearing: Approval of a Conservation District Report establishing an OC zone shall be by ordinance in accordance with the procedures set forth in § 14-6J-3C, Procedures for Designation of OHP and OC Zones, of this chapter. ppdadmin~ ~ 4-6~*4.rm Date: To: From: Re: City of Iowa City MEMORANDUM July 6, 1995 Planning and Zoning Commission Scott Kugler, Associate Planner Proposed Conservation District and Historic Landmark Ordinances. Any amendment to the City's historic preservation regulations must be reviewed and approved by the State Historical Society of Iowa prior to adoption by the City Council. The State has reviewed the proposed conservation district and historic landmark ordinances and has suggested only one revision. It was suggested that the definition of a historic landmark more clearly specify that archeological sites may be designated as local historic landmarks. Although the current definition is probably broad enough to cover archeological sites, amending the definition would remove any doubt as to whether or not they are eligible for designation. With this change, the definition of a Historic Landmark contained in Chapter 4, Article C, "Historic Preservation Regulations," would read as follows: Any building, structure, object, archeological site, area of land or element of landscape architecture with significance, importance or value consistent with the criteria contained in paragraphs A.-F. of the definition of historic district contained in this Article, which has been designated as s historic landmark by the Iowa City City Council pursuant to this Article. The State's comments regarding the proposed ordinances are included in the packet. State Historical Society of Iowa The Historical Division of the Department of Cultural Affairs June 21, 1995 Mr. Scott Kugler, Associate Planner City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 Conservation District Ordinance (HRDP Contract//94-105) and Historic Landmark Ordinance. Dear Scott: Thank you for providing me with the opportunity to review and comment on the above referenced ordinances. Iowa City continues to lead Iowa in regard to preservation of its historic properties, The proposed ordinances reflect this. I commend the City staff and historic preservation commission for their work on this project and the City for its preservation advocacy. The proposed Conservation District Ordinance (Chapter 4, Sections 14-6J-3 and 14-614) appears to comply with Certified Local Government program requirements and the Secretary of the Intefior's Standards and Guidelines for Archaeology and Historic Preservation. In regard to the Historic Landmark ordinance, my only comment pertains to the proposed definition as stated in Section 14-4C-2. The current der'tuition of Historic District and proposed der'tuition of a historic landmark implicitly cover archaeological sites. I recommend that this be made explicit by including the term archaeological site in the def'mition for historic landmark. The ordinance revisions are in compliance with State Code requirements, Certified Local Government program requirements, and the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation. If the ordinances are changed substantially by Planning and Zoning or City Council, please furnish me with a copy of the revisions for review and comment. When City Council passes the ordinances, please furnish me with copies. [] 402 Iowa Avenue Iowa Citb Iowa 52240 .~9) 335-3916 '~ Capitol Complex Des Moines, Iowa 50319 (515) 281-5111 Montauk Box 372 Clermont, Iowa 52135 (319) 423-7173 -2- If you have any questions regarding this review, please do not hesitate to contact me at (515) 281-6826. Sincerely, Kerry C. McGrath Local Governments Coordinator The following materials egardlng this item were r ' submitted y e ghbor~ng property owners orother b n' interested persons, FRIENDS OF HISTORIC PRESERVATION P.O. Box 2001, Iowa City, Iowa $2244 ~. ,, ., ,, .. -q Planning and Zoning Conuuission Civic Center 410 E. Washington Iowa City, IA 52240 13 June 1995 Dear Commissioners: The Board of Friends of Historic Preservation would like to urge the Commission to support the Landmark Ordinance and the Conservation District Ordinance that have been proposed by the Iowa City Historic Preservation Commission. Both of these ordinances go a long way in encouraging neighborhood revitalization and preservation of our neigh- borhoods that have older homes. Iowa City has made quite a bit of progress in this area with historic districts and down-zoning, but more needs to be done. These ordinances are sensible approaches to a serious problem. Also, the idea that older neighborhoods are deser- ving of protection is an issue that was discussed in several of the Beyond 2000 task forces. The fact that there is nothing to save "The Grant Wood House" on Court Street except for the goodwill of the owner is quite scary, as is the rapid march of apartment houses down North Dubuque Street. We hope that the Commission will give its usual serious and thoughtful consideration to the importance of these two ordinances as a way to protect the future of Iowa City's old neighborhoods. Thank you. Sincerely, Paula Brandt President City of Iowa City MEMORANDUM Date: To: From: Re: August 1, 1995 City Council Scott Kugl~, Associate Planner Proposed Conservation District Ordinance At last n'ght's work session some questions were raised regarding the vv'ording of specific sections of the proposed ordinance. The following comments are in response to those questions: Section 14-4C-2t Definition of Conservation District The Council was concerned that the first sentence of this definition was unclear, specifically the statement "the built portions of which by majority are at least 50 years old .... "The intent of this statement is that a majority of the structures in a proposed conservation district must be at least 50 years old. To clarify, the Council may want to consider amending the definition as follows: "CONSERVATION DISTRICT: An area that contains abutting pieces of property under diverse ownership, within which a majority of the buildings are at least 50 years old and:" (A - D). There was an additional question regarding item B within the same definition, as to whether or not a definition of a '~raditional Iowa City neighborhood can be found in this ordinance or within the Historic Preservation Plan. The answer to that question is no, there is not an objective, black and white definition of what a traditional Iowa City neighborhood is. Rather, the required conservation district report will include the justification for each individual conservation district that is proposed. That justification is likely to include an analysis of architectural styles and building types contained within the district, an inventory of architectural features common to structures built in the late 1800s and the early to mid 1900s, and an analysis of neighborhood design features common to areas that developed within this time frame, such as building scale and setbacks. If the report or the Historic Preservation Commission finds that an area is not representative of a traditional Iowa City neighborhood, a conservation district will not be proposed under Criterion B of this definition, but may still qualify as a conservation district under criteria C or D. It is an issue that is subjective and will have to be addressed on a case-by-case basis as individual conservation districts are considered. ;ection 14-4C-7: Anpllcation$ for Certificates of Aonroprletenee$ This section requires the issuance of a certificate of appropriateness or of no material effect prior to any change or alteration to a designated structure that requires a regulated permit, or prior to the issuance of a regulated permit, "unless the specific conservation district ordinance for the district which contains the property .does not require review for the change of appearance." The Council questioned why there would be any alterations identified that would require no review, The conservation district report for a specific district will identify the prevalent architectural features or characteristics important to that district. It will specify which features or characteristics are key elements of the neighborhood and which are of lesser importance. The report will also specify a level of review for proposed alterations to these features. However, the report may suggest that some features do not contribute to or detract from the traditional character of the neighborhood and therefore do not require review. The replacement of features on the rear of a structure with like materials, for example, may be something identified by the conservation district report that requires no review in certain neighborhoods. It is possible that alterations to non-contributing structures may be exempted from the review process for some districts. Identifying and eliminating some items from the review process will save the property owner the inconvenience of unnecessary layers of review, and will save the Commission and staff from unnecessary administrative burdens. For many districts, some level of review may be required for any exterior alteration, but the intent of this provision is to allow enough flexibility to avoid the review process when it is determined to be unnecessary. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p,m. on the let day of August, 1995, in the Civic Center Council Chambers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consider: 1. A resolution to annex an approximately 250 acre property located north of 1-80 and west of N. Dubuque Street. (ANN94-0009) 2. An ordinance amending the Zoning Ordi- nance by amending the use regulations of an approximately 250 acre property located north of 1-80 and west of N, Dubuque Street from County A1, Rural; RS, Subur- bap; and R3A, Suburban Residential; to P, Public. {REZ94-O018) An ordinance amending the Zoning Ordi- nance by amending the use regulations of an approximate 7.8 acres located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Fami- ly Residential, to OPDH-8, Planned Develop- ment Housing Overlay, and RS-8, Medium Density Single-Family. (REZ95-0010) 4. An Ordinance amending Title 14, Chapter 4, "Land Control and Development," Article C, "Histo, m Preservation Regulations," and Chapter 6, "Zoning," Article J, "Overlay Zones" to allow the City to designate histor- ic landmarks and conservation districts, Copies of the proposed resolutions and ordi- nances are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa, Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK ppdadmin~cc8-1 .nph ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONALLY CHANGING THE USE REGULATIONS OF 7.8 ACRES OF LAND LOCATED ON THE EAST SIDE OF DUBU- QUE ROAD NORTH OF DODGE STREET FROM RS-5, LOW DENSITY SINGLE-FAMILY, TO OPDH-8, PLANNED DEVELOPMENT HOUSING OVERLAY (5 ACRES), AND RS-8, MEDIUM DENSITY SINGLE-FAMILY (2.8 ACRES) WHEREA~, Owner, as legal title holder, and Applicant, as purchaser, have requested that the City rezone approximately 7.8 acres of land located east of Dubuque Road and north of Dodge Street from RS-5, Low Density Single- Family Residential, to OPDH-8, Planned Devel- opment Housing Overlay (5 acres), and RS-8, Medium Density Single-Family Residential (2.8 acres); and WHEREAS, the proposed rezoning will permit the development of residential uses at a density higher than tile current RS-5 zoning allows; and WHEREAS, Iowa Code §414.5 (1995) pro- vides that the City of Iowa City may impose reasonable conditions on granting the rezoning request, over and above the existing regula- tions, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the City wishes to ensure that the natural features of the site are protected to the extent possible during construction; and WHEREAS, these natural features include a grove of cedar trees located adjacent to Dubuque Road and a ravine located along the eastern boundary of the property; and WHEREAS, Owner and App. licant acknowl- edge that certain conditions and restrictions are reasonable to ensure appropriate urban devel- opment in this area of Iowa City; and WHEREAS, the Owner and Applicant have agreed to develop this property ip accordance with certain terms and conditions to ensure appropriate urban development in this area of Iowa City; and WHEREAS, in accordance with the Compre- hensive Plan, the proposed rszoning will allow development of affordable housing at a medium denaity in an area where public services and commercial development are available to serve such housing. · · Ordinance No. Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agree- ment as authorized by Iowa Code §414-.5 (1995), a copy of which is attached hereto and incorporated by reference herein, the property described below is conditionally reclassified from its present classification of RS-5 to OPDH- 8 and RS-8 as follows: RS-5 to OPDH-8: Beginning Eight (8) rods North of the Southwest corner of the Southeast Quarter of the Northwest Quarter of Section Two {2) in Township 79 North, Range 6 West of the 5th P.M., running thence east forty (40) rods, thence north twelve (12) rods, thence west forty (40) rods, thence south twelve (12) rods to the place of beginning, excepting all that part of the above- . described tract lying west of the center of the United States Military Road, 'containing three acres more or less in the tract conveyed. Also, a tract legally described as: Commencing at the southwest corner of the southeast quarter of the north- west quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M., thence east, 40 rods; thence north 8 rods; thence west 40 rods; thence south on the quarter section line to the place of beginning. RS-5 to RS-8 A parcel of land located in the NE ~ SW ~A of Section 2, T79N, R6W of the 5th P.M., City of Iowa City, Johnson County, Iowa, as shown on Right-of- Way Plat, Exhibit "a" attached hereto and by reference made a part hereto. Also described as: All that part of a tract conveyed to the State of Iowa by Condemnation recorded in Book 136, Page 427, in the records of Johnson County, Iowa; lying northwesterly of a line 60 ft. normally distance northwest- ' erly of and parallel to the centerline of Ordinance No. Page 3 Primary Road No. 1; containing 0.11 acre, more or les~. SECTION II. ZONING MAP. Upon final pas- sage, approval and publication of this Ordi- nance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this zoning amendment. SECTION III. CONDITIONAL ZONING AGREE- MENT. Following final passage and approval of this Ordinance, the Mayor is hereby authorized and directed to sign, and the City Clark to attest, the Conditional Zoning Agreement between the property owners, applicants and the City. Further, upon certification by the City Manager or Designee that all conditions con- tained in the Conditional Zoning Agreement have been complied with and satisfied, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, a release of all conditions placed upon the property by reason of the Conditional Zoning Agreement, a certified copy of which shall be recorded in the Office of the Johnson Count~ Recorder at the Applicant's expense. SECTION IV. CERTIFICATION AND RECORD- ING.. Upon passage and approval of this ordi- nance, and after execution of the Conditional Zoning Agreement, the City Clerk is hereby authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agree- · ment for recordation in the Office of the Re- corder, Johnson County, Iowa, at the Applicant's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional, Ordinance No. Page 4 SECTION VII. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this MAYOR · ATTEST: CITY CLERK A City Att ney ic CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is.made between the City of iowa City, Iowa, a Municipal Corporation · (hereafter "City"), Charles W. Ruppert and Marie E. Ruppert, husband and wife, and Mary Alice Hitchcock and Lee Hitchcock, husband and wife, (hereafter "Owner."), and Saratoga Springs Limited Partnership (hereafter "Applicant"). WHEREAS, Owner, as legal title holder, and Applicant, as purchaser, have requested that the City rezone approximately 7.8 acres of land located east of Dubuque Road and north of Dodge Street from RS-S, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay (5 acres), and RS-8, Medium Density Single-Family Residential (2.8 acres); and WHEREAS, the proposed rezoning will permit the development of residential uses at a density higher than the current RS-5 zoning allows; and WHEREAS, Iowa Code §414.5 (1995) provides that the City of Iowa City may impose reasonable conditions on granting the rezoning request, over and above the existing regulations, in order to satisfy public needs directly caused by the requested zoning change; and WHEREAS, the City wishes to ensure that the natural features of the site are protected to the extent possible during cor)struction; and WHEREAS, these natural features include a grove of cedar trees located adjacent to Dubuque Road and a ravine located along the eastern boundary of the property; and WHEREAS, Owner and Applicant acknowledge that certain conditions and restrictions are reason.able to ensure appropriate urban development in this area of Iowa City; and WHEREAS, the Owner and Applicant have agreed to develop this property in accordance with certain terms and conditions to ensure appropriate urban development in this area of Iowa City. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: Charles W. Ruppert and Marie E. Ruppert are the legal title holders of property on the east side of Dubuque Road, which property is more particularly described as follows: Beginning Eight (8) rods North of the Southwest corner of the Southeast Quarter of the Northwest Quarter of Section Two (2) in Township 79 North, Range 6 West of the 5th P.M., running thence east forty (40) rods, thence north twelve (12) rods, thence west forty (40) rods, thence south twelve (12) rods to the place of beginning, excepting all that part of the above-described tract lying west of the center of the United States Military Road, containing three acres more or less in the tract conveyed. 2 Mary Alice Hitchcock and Lee Hitchcock are the legal title holders of property on the east side of Dubuque Road, which property is more particularly described as follows: Commencing at the southwest corner of the southeast quarter of the northwest quarter of Section 2, Township 79 North, Range 6 West of the 5th P.M., thence east 40 rods; thence north 8 rods; thence west 40 rods; thence south on the quarter section line to the place of beginning; containing approximately 2 acres, more or less. Charles W. Ruppert and Marie E. Ruppert are the legal title holders of property on the east side of Dubuque Road, which property is more particularly described as follows: A parcel of land located in the NE ~A SW ~ of Section 2, T79N, R6W of the 5th P.M., City of Iowa City, Johnson County, Iowa, as shown on Right-of-Way Plat, Exhibit "a" attached hereto and by reference made a part .hereto. Also described as: All that part of a tract conveyed to the State of Iowa by Condemnation recorded in Book 136, Page 427, in the records of Johnson Coun. ty, Iowa; lying northwesterly of a .line 60 ft. normally distance northwesterly of and parallel to the centerline of Primary Road No. 1; containing 0.11 acre, more or less. Owner and Applicant acknowledge that the City wishes to preserve to the extent possible the cedar trees located adjacent to Dubuque Road and the ravine located along the east side of the subject property. In consideration of the City's rezoning of the subject property from RS-5 to OPDH-8 and RS-8, Owner and Applicant agree that development and use of the subject property will conform to the approved OPDH plan and RS-8 regulations, as applicable, as well as the following additional conditions: The Applicant will submit a tree protection plan detailing measures to be taken to protect the cedar trees located adjacent to Dubuque Road in the area shown on the OPDH plan. The tree protection plan shall be approved by the City Forester. The t. ree protection plan may identify trees to be removed to allow the construction of the entrance drives shown on the OPDH plan. The ravine located on the eastern portion of the rezoned property shall be disturbed only to the extent required to construct essential utilities which may include sanitary sewer, storm sewer, water mains, gas and electric lines, and other public utilities. The Owner and Applicant .acknowledge that the conditions contained herein are reasonable conditions to impose on land under Iowa Code §414.5 (1995), and that said conditions satisfy public needs which are directly caused by the requested zohing change. The Owner and Applicant acknowledge that in the event the subject property is transferred, sold, r~developed, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreer~ent. 3 The Parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with 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 by record of the City. The Parties further acknowledge that this agreement shall inure to the benefit of and .bind all successors, r6presentatives and assignees of the Parties. Further, upon certification by the City Manager or Designee that all conditions con- tained in the Conditional Zoning Agreement have been complied with and satisfied, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, a release of all conditions placed upon the property by reason of the Conditional Zoning Agreement, a certified copy of which shall be recorded in the Office of the Johnson County Recorder at the Applicant's expense. Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner and Applicant from complying with all applicable local, state and federal regulations. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the ordinance, the Iowa City City Clerk shall record this Agreement in the Johnson County Recorder's Office at City expense. Dated this day of , 1995. OWNER By: Charles W. Ruppert By: · Mary Alice Hitchcock By: Marie E. Ruppert SARATOGA SPRINGS LIMITED PARTNERSHIP By: Lee Hitchcock By: Charles Eastham, President CITY OF IOWA CITY By: Robert P. Burns By: Susan M. Horowitz, Mayor Attest: Marian K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of , 19 , before me, the. undersigned, a Notary Public in and for said County, in said State, personally appeared Charles W. Ruppert and Marie E. Ruppert, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa STATE OF ) ) SS: COUNTY ) On This day of , 19 , before me, the undersigned, a Notary Public ih and for said County, in.said State, personally appeared Mary Alice Hitchcock and Lee Hitchcock, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa STATE OF I'OWA ) ) ss: JOHNSON COUNTY ) On this ~ day of ,19__, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared. , to me personally known, who being by me duly sworn, did say that the person is one of the partners of , an Iowa General/Limited Partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily executed. Notary Public in and f~r the State of Iowa 5 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day~f ,19 , before me, , a Notary Public in and for the State of iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No, passed bythe City Council, on the day of ,19 . ,, and that Susan M. Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executed. Notary Public in and for the State of Iowa City of Iowa City MEMORANDUM Date: To: From: Re: City Council Karin Franklin, Director, Burns/GiCHF Project on Dubuque Rd. At your meeting on August 1st you will hold a public hearing on the rezoning of some property on Dubuque Road in nodh Iowa City for development of 41 units of rental housing for people of low to moderate income. This isa joint project between Burns&Associates, a private developer, and the Greater Iowa City Housing Fellowship (GICHF), a non-profit housing group. The project is supported with locally allocated federal funds through the CDBG and HOME programs. For this specific project to proceed, the Council will need to rezone the site and approve the funding allocation for this particular project on the Dubuque Road site. The August 1 meeting will focus on the zoning issue. At your meeting of August 15 you will also consider the funding question. The Housing Commission and the Committee on Community Needs will be considering this project at meetings the week of August 7. For the Council, the two issues of zoning and funding are intertwined; if you approve one and not the other, this specific project is dead. Back.qround. Through the routine funding allocation process, the Housing Commission, the Committee on Community Needs, and the City Council approved a total of $500,000 of FY95 and 96 CDBG and HOME funds for projects for the Burns/GICHF partnership. Of that total, $300,000 in FY95 funds were to be used to build a mixed-income project providing approximately 130 units for people of low to moderate income. Approval of these funds was not site specific. Affer receiving allocation of funds, the partnership needed to locate land for a project site. This effort has been going on for about two years, with a number of offers being made by the padnership and then rejected by the seller. Although a mixed-income project was desirable, as it became apparent that sufficient land for such a project would be difficult to find, the partnership looked at smaller pieces, including platted lots' on which duplexes could be constructed. The padnership's only success to date in finding a willing seller has been for the property on Old Dubuque Road. Given the size of the parcel (5 acres, including part of the Dubuque Road right- of-way), the nature of the project had to change from a large mixed-income project to a project totally focused on affordable units. With the new scope and size of this project and a specific location proposed, approval of this new project by the Commissions and the Council is necessary under HUD requirements. Low to moderate income housin,q proiect fundinq. The reason government, or the public sector, is involved in the funding of low to moderate income housing is because the private market does not provide housing in the needed price range. This is well documented in CITY STEPS, our consolidated plan. The funding provided through the CDBG and HOME programs provide seed money for complex funding packages that allow a developer to charge rents at a HUD designated fair market rent. There is a disparity between the fair market rent (the rent that is manageable to people in certain income ranges) and the market rent, that which is charged in the open market in any particular community. In Iowa City, the market rent is high. Housing is not available to some individuals and families in our community because the market rents are so high. We have made a decision, as a community, to subsidize the cost of housing in certain instances so that people can have safe and decent housing. The developer must put together a package of financing that will result in a viable project. Profit is, and must be, part of the viability of the project unless only non-profits undertake these projects and even then they need to generate operating income. As noted above, local CDBG and HOME funds are used as seed money--the first step toward building the financial package. The other components are Low Income Housing Tax Credits (LIHTC), state HOME money and private investment. The private investment can account for anywhere from 25% to 50% of the total project capital cost. The developer begins with the locally allocated federal funds because these can often be attained most easily and are a demonstration to other funding sources of the commitment of the community to the project. These funds are often paid back to the program through a deferred payment loan. The next step for the developer is to obtain tax credits. These cannot be attained until a site for the project is under the developer's control and is properly zoned. [Actual tax credits accrue to the investors who buy the credits; they do not accrue to the developer/owner. The developer receives funds from the sale of credit "coupons" to the investors who in return obtain the tax credit over a period of years.] The next source of funds are state HOME funds. The state's decision to allocate funds hinges on a showing of commitment on the part of the locality, through an allocation of locally allocated HOME funds and/or the provision of local resources and the appropriate subsidy for the project. Neither LIHTC or state HOME funds will be available for a project in a community that is not willing to provide appropriately zoned land. Clearly, the decisions of the City Council regarding zoning and funding are tied together. The basic decision is whether the site under consideration for the Bums/GICHF project is appropriate in terms of the density, land use and subsidy. At the July 31 work session, our presentation will focus on the land use issues. On the 14th, we will address the funding issues as well. However, if you have questions about either issue, please feel free to call me, or bring up your questions at either meeting. bc4.4KF.mmo City of Iowa City MEMORANDUM Date: June 30, 1995 To: Planning and Zoning Commission From: Robed Miklo, Senior Planner Re: REZ95-0010, Saratoga Springs Apartments At the June 15 public discussion of this item, several questions were raised by members of the public and the Commission. Some of these issues such as water pressure, traffic conditions, sidewalks on Dubuque Road, and lack of a neighborhood park are existing conditions in the neighborhood and would be of concern for any development that might occur in this area. Other issues such as questions about sight distance and design of the proposed multi-family buildings are specific to the Saratoga Springs project as discussed below. Water Pressure: Ed Moreno, Water Superintendent, has indicated that the existing water pressure in this area meets the City's parameters for fire protection and residential water service. However, residents in the area have indicated a concern about low water pressure. Mr. Moreno has indicated that adjustments in the system can be made to increase water pressure in this neighborhood. His conclusion is that the development of this project or additional single-family homes in this neighborhood will not detract from the City's ability to provide water service to this neighborhood. Neighborhood Open Space: The neighborhood open space assessment contained in the Comprehensive Plan indicates that the Dubuque Road neighborhood has a neighborhood open space deficit of 5.47 acres. On May 10, 1995, the Parks and Recreation Commission reviewed the preliminary plat of Oakes Fifth Addition, which is in this same neighborhood. At that time the Parks and Recreation Commission noted that a neighborhood park was needed in this area and that the City should start looking for land in this area that would meet this need. The Parks and Recreation Commission indicated that fees should be collected in lieu of parkland with the Oakes subdivision because the Oakes subdivision did not contain land suitable for neighborhood open space. The Neighborhood Open Space Committee of the Parks and Recreation Commission has reviewed Saratoga Springs Apartments and has indicated that the property does not contain land suitable for neighborhood open space. Therefore, fees in lieu of neighborhood open space may be collected and applied towards purchasing land appropriate for neighborhood open space in the Dubuque Road neighborhood. (See attached memo from Terry Trueblood, Parks & Recreation Director). Sidewalks: There currently are sidewalks on the west side of Dubuque Road adjacent to the Hy- Vee Drugtown development. There are no sidewalks fadher north on Dubuque Road on either the east or west sides of the streets. With the proposed Saratoga Springs development, sidewalks will be provided on the east side of Dubuque Road adjacent to this development. The Public Works Depadment has estimated that a sidewalk constructed from the Hy-Vee property north to Oakes Drive would cost approximately $37,500. Sidewalks could be constructed as a capital improvements project or as an assessment project. The staff will also be evaluating the possibility of a tax increment financing (TIF) district to fund sidewalks, open space or other public improvements in this area. A TIF district uses the taxes generated by development to specifically pay for improvements in the district. Traffic Conditions: As indicated in the staff report, there are current traffic constraints on North Dodge Street. The Capital Improvements Program for FY97-98 proposes the reconstruction of Dodge Street, including additional lanes, a traffic signal at the intersection of Dubuque Road and Dodge Street adjacent to ACT, and a traffic signal at the intersection of Prairie du Chien Road and Dodge Street southwest of this project. The reconstruction project will improve capacity on Dodge Street, and the traffic signal system will create gaps in the traffic stream to allow traffic from side streets and driveways to enter onto Dodge Street. Specific to this project, a concern was raised regarding sight distance at the driveway intersection with Dubuque Road. The attached memo from Jeff Davidson, JCCOG Transportation Planner, indicates that sight distance at this location is adequate according to Institute of Transportation Engineers (ITE) standards. This sight distance can be further improved with the removal of vegetation in or adjacent to the right-of-way of Dubuque Road. Jim Brachtel, the City's Traffic Engineer has also been asked to evaluate sight distances at this intersection. Stormwater Detention: A concern was raised regarding stormwater from this site and the adequacy of the current culvert under Dodge Street, The City Engineer has indicated that the culvert under Dodge Street has sufficient capacity and that storm water from this development will not interfere with the functioning of this culvert, Preliminary stormwater calculations indicate that storm water will be retained in a basin near the eastern portion of the property. Detailed designs have not been completed for this stormwater detention area, As indicated in the staff report, this detention basin will need to be designed to assure that the steep slope along the eastern boundary of the property is not encroached upon. Site Design: The design of the site has been modified slightly. The first proposed apartment building adjacent to Dubuque Road has been reoriented with the entrance facing the street. The applicant has also indicated that the community building will include a basement which can be used as a storm shelter. The required sidewalk adjacent to Dubuque Road can be built to the east of the existing grove of cedar trees to help assure that their mots are not damaged during construction. Since the sidewalk will be on private property and not in the public right-of-way, a public access easement will be provided. 1406 Dubuque Road: Letters from Mary Hitchcock and Robert Burns regarding 1406 Dubuque Road (the Ruppert residence) are attached. As noted in these letters and the staff report, there are no immediate proposals for the development of 1406 Dubuque Road. It is proposed that the property be rezoned RS-8. Attachments b~ez0010 City of Iowa City MEMORANDUM Date: July 19, 1995 To: CCN and Housing Commission Members From?~ladanne Milkman, Community Development Coordinator Steven Nasby, Associate Planner?~ Re: Bums/GICHF Project to Construct Affordable Rental Housing Units Background During the FY95 funding allocation process in February/Mamh 1994, a proposal was presented by Mr. Bums and the Greater Iowa City Housing Fellowship (GICHF) requesting $262,500 (later amended to $270,000) in CDBG funds, and $185,000 in HOME funds for an affordable rental housing construction project. The original intent was to construct 324 units of housing for low- income households on a 30-acre site. At the City's request, the proposal was changed to 133 units of rental housing for low-income tenants and 191 units of market-rate housing for households of varying incomes. The final allocations, which were dependent on securing the site, and which were approved by the City Council were $150,000 CDBG and $150,000 HOME for a total of $300,000 for 133 rental units. Current Proposal As you know, Burns and GICHF were unable to secure the original site. Since then they have been looking for and making offers on other sites. They currently have an accepted purchase offer for 5 acres (4.1 acres of buildable land) on North Dubuque Road. They plan to construct 41 units of rental housing for low-income households, subject to the appropriate rezoning of this site. In March of this year both Commissions agreed to carry forward the $300,000 of FY95 funds originally allocated for affordable rental housing~to FY96. Bums and GICHF are now requesting recommendations from both Commissions to the City Council for use of these FY95 funds for the North Dubuque Road project, They plan to use a total of $225,000 for land acquisition and $75,000 for soft costs such as design/architectural, legal costs, etc. This funding will be contingent upon receiving adequate financing for the total project. The task of both CCN and the Housing Commission is to determine whether this new project meets the priorities of the CITY STEPS/Consolidated Plan, and whether it is appropriate to allocate the $150,000 in CDBG funds (CCN decision) and $150,000 in HOME funds (Housing Commission decision) for the acquisition of property and construction of 41 rental units. It is not your task to review density concerns, traffic, or location issues raised by the neighborhood and others. These issues are the purview of the Planning and Zoning Commission and the City Council. You need to determine whether this is an appropriate expenditure of these padicular federal funds. CC; City Council Planning & Zoning Commission Johnson County Council of Governments 410 E V,Z]sh~ngtonSt 1owo City bwo 52240 Date: June 22, 1995 To: Bob Miklo, Senior Planner; City of Iowa City From: Jeff Davidson, Transportation Planner ~/ Re: Intersection sight distance for proposed Saratoga Spdngs multi-family housing complex You indicated an issue has been raised regarding sight distance at the driveway of the proposed Saratoga Springs apartment complex on Old Dubuque Road. On June 21, 1995, I conducted a planning-level sight distance analysis using the site plan of the proposed development you provided. The analysis included field verification using distances scaled off of the site plan. The analysis was conducted according to the intersection sight distance procedures contained in the Transportation and Traffic En.qineerin.q Handbook, Second Edition, published by the Institute of Traffic Engineers. The following intersection sight distance standards are suggested by the Transportation and Traffic Enqineerin.q Handbook. Design speed (mph) Minimum corner intersec- tion sight distance (feet) 20 3O 200 300 Intersection sight distance is measured from a point on the minor road, in this instance the driveway location to the proposed Saratoga Spdngs apartment complex, approximately 15 feet from the edge of the major road (Dubuque Road) pavement, measured from a height of 3.5 feet on the minor road to a height of 4.25 feet on the major road. This attempts to recreate sight distance as measured from a person sitting in an automobile at the driveway of the proposed Saratoga Springs apartment comptex. Sight distance appears to only be an issue to the south; sight distance to the north is easily several hundred feet. Sight distance to the south is impacted by the horizontal and vedical curvature of Old Dubuque Road. However, as scaled from the proposed site plan, sight distance to the south appeared to be easily 200 feet. This was gauged by observing several vehicles turn into the Nodh Dodge Hy-Vee parking lot from Old Dubuque Road. Removal of vegetation adjacent to Old Dubuque Road on the property directly to the south of the proposed Saratoga Springs apartment complex would increase sight distance to approximately 300 feet. It appears a portion of the vegetation to be removed is within the public right-of-way, and a portion on private property. A speed study has not been conducted to determine the 85th percentlie speed of vehicles on Old Dubuque Road. However, my field observation did not observe vehicles traveling in excess of 30 mph at the driveway location to the proposed Saratoga Spdngs apartment complex. Let me know if you have any questions regarding this information. If a more detailed sight distance analysis is needed, it should be requested through Jim Brachtel, City of Iowa City Traffic Engineer. cc: Jim Brachtel bc4-1JD CITY OF IOWA CITY PARKS AND RECREATION DEPARTMENT M EMOl~Z~N DL]I~ TO: FROM: DATE: RE: Bob Miklo, Senior Planner Terry Trueblood, Parks & Recreation Director June 15, 1995 Neighborhood Open Space Issues 1. Walden Wood, Part 9 2. Walden Wood, Part 8 3. Saratoga springs Apartments At their meeting of Commission took the N.O.S. issues: June 14, 1995, the Parks and Recreation following action, relative to the above WALDEN WOOD, PART 9 The Commission voted to accept the developer's proposal to dedicate 0utlot A (1.73 acres) as public open space. Even though this area does not meet the criteria for a neighborhood park, as stipulated in the N.O.S. Ordinance, the Commission feels there is an overriding need for open space in this area. The neighborhood association encouraged the Commission to accept this property. One of the key interests of the Commission is to construct a trail along the west edge of the property to connect with the proposed Willow Creek Trail. WALDEN WOOD, PART 8 The Commission declined to reconsider its previous action, which was to accept fees-in-lieu of the proposed property donation. SARATOGA SPRINGS APARTM_ENTS The Commission did not officially act on this, because it was not an agenda item. However, the Neighborhood Open Space Committee reviewed it, and unanimously agreed that fees-in-lieu is the appropriate action. There is no indication that the Commission disagrees with this. Zoning Commission 410 E. Washington Street Iowa City, IA 52240 June 20, 1995 To Zoning Commissioners - RE: REZ95-0010 Saratoga Springs Charlie Ruppert and I would like to clear up any misunderstandings regarding our agreements. The City's Zoning Staff report and recent news articles contain misleading and inaccurate information which must be corrected. 1. Robert Burns offered to purchase from Charles Ruppert the property north of and adjacent to 1506 N. Dubuque Road. He offered to purchase from me the property at 1506 North Dubuque Road. This number is on all city records, the ma~~nd the home. There is not now and never was a 1408. ~ ~. There will h9 no deed restrictions, access easements or driveways on the property directly south of 1506 N. Dubuque Road known as 1406 N. Dubuque Road. No one should give City staff, Zoning Commission members, Council members or the community the impression that any future housing project will be built on the Ruppert property at 1406 North Dubuque Road. The Commission, Council and Zoning staff must understand that Rupperts do not consent to housing next to Highway 1 due to the constant traffic noise, which will increase as traffic increases, and the danger the highway poses to children. Currently residents on the north side of Highway I cannot use Hickory Hill Park on the south side of the highway because the heavy traffic is hazardous, even for adults, to cross. Saratoga Springs children may be "on their own" more than neighborhood children and are certain to be in serious danger while attempt- ing to walk or bike to the par~ unless a light is installed at this intersection. Many have expressed interest in the property at 1406 N. Dubuque Road. Some feel that, as the area grows, the HyVee will need to expand and this property is a logical place to relocate an expanded Drug Town. However, there is no truth to the rumors that the Rupperts plan to sell and to move to Arizona. This proposal must stand alone. If Commissioners and Council members approve this project, it must be on the merits of this proposal for the property included in the offer and not due to any speculation as to future expansion onto the property at 1406 N. Dubuque Road. Respectfully~ . ~ ~ Mary Hitchcock 2345 Coach House Drive - Brookfield, c. Charles Ruppert Mr. William Meatdon, S. C. . ~ Burns & Burns Architects WI 53045 ROBERT P. BURNS 328 East W~t~hington Street P, O. Box 1226 Iowa City, Iowa 52244 (319) 338-7600 FAX (319) 337-9.430 June 27, 1995 Hamting aud Zoning Cmmnissioa City of Iowa City 410 East Washington Iowa City, Iowa 52240 RE: Rezoning No. REZ95-0010 Dear Commissioners: As poiut of clarificatiou, I do not have nor have I ever had a plan or intention to bnild reatal housing or any other type of housing at 1406 Nm'th Dubuque Road (parcel no. 61201001: residence of Charlie and Marie Ruppert). Siacerely Yoors, Robert P. Burns RPB/slk XC: Charlie and Marie Ruppert Lee aud Mary Hitchcock (thx trausmission Io 414-931-2324) 06-29-95 12:0§PM FROM MILLER COR[ PURCH. TO 83193565009 POOI/001 ~ 319-3~-Aooe R~BZ95-0010 - 7o clt~if~ ~ lettor of June 20, 1996, me aO mddi ..... . ......... t~ m! 1406 N, ~uOuque whtah thay i~tond to o~nt~nu~ ~ kt s pr~se~ ~espee~fuli%,. I o. chacI~s b~ppa~t willl~Memrdon, S, C, u~pns · Dur~o ~oh~f~nhu June 15, 1995 Iowa City Planning & Zoning Commission Civic Center Iowa City, IA 52240 Dear Commission Members: We are writing to express our strong opposition to the proposed mzoning of the 7.8 acres located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay. As a visual inspection of Old Dubuque Road and the surrounding neighborhood reveals, this area has one of the lowest land use densities in Iowa City. On Old Dubuque Road, the majority of the homes are situated on several acres of land. For many of the residents in this area, the bucolic setting of the neighborhood was a central factor in their decision to choose to live in this part of Iowa City. Therefore, the proposal to place a large multi-family housing complex on Old Dubuque Road is seen as undesirable by virtually everyone in the neighborhood. More importantly however, our desire to maintain the quiet, open, single-family environment in this area is secondary to our more serious concerns about safety, traffic, and the potential barriers that may negatively impact this neighborhood's strong sense of community. We have reviewed the City's comprehensive plan and the City Planning Staff report and recommendations concerning this application for rezoning. As residents of Iowa City, we too are concerned about the need for diversity of housing types and the provision of affordable housing. However, we do not believe that the perceived benefits of the proposed rezoning outweigh the probable adverse effects of the development of large multi-family housing complexes in this location. Iowa City Comprehensive Plan: Our first concern is the lack of compliance between the proposed OPDH plan and the existing Comprehensive Land Use Plan. Specifically, the Comprehensive Plan calls fora density of 2-8 dwelling units per acre in this area. The proposed OPDH development is for l0 dwelling units per acre. It is not clear to us how this inconsistency can be resolved without amending the existing land use plan. dramatically increase the traffic on North Dodge Street. 2 Safety: Related to increased traffic, we also have concerns about pedestrian use of Dubuque Road. Currently, there are no sidewalks on this street and while it is relatively safe at the current time, increased traffic from the proposed development will clearly jeopardize the safety of those walking along this road to gain access to transit services, Hy-Vee, and Drug Town. Lack of sidewalks is also a concern for residents of the proposed development, especially given the large number of children who would be expected to play in this concentrated area. Without the extensive provision of sidewalks on Dubuque Road, the safety of all the children in this neighborhood will be compromised by the hnndreds of automobiles which would utilize Dubuque Road. An additional safety concern is the lack of sight distance at the intersection of the planned development access onto Dubuque Road. Specifically, individuals entering the neighborhood on Dubuque Road cannot be seen by those exiting the proposed development. We are very concerned that this may result in a high incidence of very serious accidents. There have already been numerous near-misses as motorists exit Hy-Vea onto Dubuque Road. Given the serious difficulties posed by access to such a development at this location, we question why primary access is not on Dodge Street--especially given the anticipated development of the property to the south. Schools: While it is true that Shimek is not currently at or beyond capacity, this proposed development along with the extensive development of single-fa. mily housing both in this neighborhood as well as others such as the Rapid Creek area wdl clearly result in Shimek's classes being crowded beyond capacity. The fact that such expansion places Shimek on par with other schools in Iowa City in terms of enrollment is of little consolation. Over enrollment throughout the community is not a positive goal in our opinion. Neighborhood Open Space: As indicated in the staff report, the neighborhood open space ordinances specify that approximately 8,000 square feet of open space are required to serve the proposed development. The lack of sufficient space in the proposed plan is dismissed for reasons that are not apparent to us. We view the provision of open space as critical to such a development particularly in this area where more space would ease the aesthetic transition between the multi-plex density and the very low density of the adjoining properties. We also believe that open space or a neighborhood park could help counter an additional concern regarding a potential threat to this neighborhood's sense of community. In the current physical configuration of the development, there is the potential for isolation of the residents from other neighbors in the area. There is little opportunity for interaction given the location of the proposed development on Dubuque Road. Current neighbors will have no reason to walk through the development and those living in the development will have little reason to interact with those of us currently living in the neighborhood. Hence, it is unlikely that a sense of community will emerge between the current and new residents. One of the only ways we can envision facilitating such interactions among such a large number of residents and therefore preserve our strong sense of neighborhood community would be through the City's development of a neighborhood park. There is currently undeveloped space located on Dubuque Road between the proposed development site and the existing neighborhood which could provide the needed point for social interaction between the new and current residents in the neighborhood. We are united in our view that, regardless of the type of development which might eventually occur in this area, it is vital that we not lose the sense of community that defines' neighborhood for all of us. Other Concerns: A remaining concern we have which was not addressed in the staff report is the effect of the increased water demand on water pressure in the area. The current water pressure in this area is very low and has decreased notably over the last decade. We believe that without additional infrastructure modifications to increase pressure, the effect of such a large development will result in a decrease in water pressnre to unacceptable levels. Concluding Comments: After receiving copies of plans for development of this area, we made contact with the developers of the proposed project and expressed our canceres to them. We are more than willing to work with anyone interested in creating new developments that address the housing needs of Iowa City. We believe that the goal of providing affordable, diverse housing alternatives is a desirable one. However, we also believe that low-density, single-family neighborhoods are vainable to the community. We do not believe that these development concepts are mutually exclusive. In our opinion, rezonlng to OPDH-8 to develop the proposed multi-plex and the subsequent development of the remaining property in the application fail to strike an acceptable balance among the various goals of the neighborhood or the broader community. In sum, we believe that them is a strong potential for numerous negative effects resulting from the density of the proposed multi-plex. These problems will have a lasting impact on the North Dodge area in general and on our neighborhood in particular. Acknowledging the potential for personal bias, after considering the costs and benefits of such a proposed development, we remain thoroughly unconvinced that the positives outweigh the negatives. Without a reduction in density in the proposed development and/or the provision of extensive physical modifications of the immediate area (i.e., sidewalks, open spacedpark, Dodge Street access in addition to widening/signals), we believe this area will suffer drastically from such a proposed development and we believe that the safety of the residents (new and current) will be serlously jeopardized. Therefore, we ask that you deny the request for rezoning of this property. Respectfully, Residents of Old Dubuque Road, Bristol Drive, Oakes Drive, Quincent Street, & Quineent Court (86 Homes are located in this area -- 82 are currently occupied and 2 are occupied by the owner and daughter of the owner of the property in question-- we were unable to contact 4 residents to obtain signaures -- of the 76 households remaining, 76 residents signed this letter -- other residents of the area across Dodge Street area also included) Attachment Dubuque Road Traffic Analysis June 1995 Road Segment Description Dubuque Road is a two lane local access road that has been recently reconstructed from Dodge Street to Bristol. The paving is Portland Cement Concrete rigid pavement with no lane markings. Storm sewer inlets are located as required to accommodate runoff. The vertical geometry can be represented by a long parabolic sag curve on a straight tangent section until just east of the Dodge Street intersection, where it jogs north and descends to intersect Dodge Street at a right angle. This po~on of Dubuque Road also serves as an access to the HyVeeJDmg Town commercial area. A one way stop sign controls traffic turning fight or left at the three legged intersection with Dodge street. A short acceleration lane is provided for right turning vehicles. Dodge Street is a two lane segment of state highway 1 with vertical and horizontal geometry consistent with a two lane rural highway. Traffic Counts Traffic counts pedormed by the Iowa Department of Transportation in 1990 indicated that Average Daily Traffic (ADT) was approximately 12,000 vehicles per day at Prairie Du Chien, dropping to 8000 at ACT circle. These were approximated from temporary recording traffic counters installed for the purpose of obtaining control count data for Highway 1. There has been a significant increase in traffic on Dodge S~eet since that time. Peak hour intersection traffic counts were performed at Dodge Street and Dubuque Road in October of 1994 by an Engineering class at the University of Iowa, and again in June of 1995 by a resident of the area. The earlier count was performed on a weekday morning from 8:00 to 9:00 AM and the recent count is for a Thursday afternoon from 4:00 to 5:00 PM. Both counts show consistent levels of traffic with a 60-40 directional split on Dodge and moderately high traffic at the stop sign on Dubuque Road. Peak hour traffic levels occur for about four hours per day (7:30-9:30 AM and 4:00 to 6:00 PM). Off-peak traffic counts were not obtained, but traffic volumes axe generally much lower. It would be fair to say that traffic problems are not severe in the non-peak hours, but that the peak hour problems are made worse by the work trips to and from ACT and NCS. The latest traffic counts are summarized in the following table. Dodge Street and Dubuque Road Peak Hour Traffic Counts Northbound South Bound Eastbound T'une Thin Left Thin Right Left Right 4:00-4:15 · 141 15 173 9 20 6 4:15-4:30 135 15 207 14 14 7 4:30-4:45 160 20 265 15 20 15 4:45-5:00 145 16 201 18 21 10 It should be noted that there is considerable turning traffic that uses the Dodge street access to the HyVee parking lot. No counts were performed at that site. Intersection Analysis · step sign control The stop sign delay for the Dubuque road for the existing levels of traffic can be estimated, assuming a random arrival pattern and a single channel queuing model. The estimated average total delay, including both time spent in the queue and time waiting for gap in traffic would be approximately 31 seconds. Assuming that 46 additional peak hour trips would be generated by the proposed 41 apartment units and the approved 14 single family units on Quincent (7 trips per unit with 12% occurring in the peak hour), the estimated delay would increase to nearly 80 seconds which is Level of Service F for a sign controlled intersection. Delays of this magnitude would rome some traffic to select alternative mutes, although in truth few are available. Currently some traffic goes through the HyVee parking lot to avoid the intersection. It is quite likely that some form of traffic signal would be proposed as a solution. Traffic Signal Analysis - Two Phase, semi.actuated A two phase semi-actuamd signal with vehicle detection on Dubuque Road would be a likely proposed solution to maintain the required access and egress for area residents. The existing Dodge street geometry combined with the current two lane .ross section would prevent the use of turning lanes with space for an adequate mining lane. The upgrade approach on the north leg would also pose some problems. An initial intersection evaluation using the HCS signalized intersection module indicates that the northbound leg of Dodge Street would deteriorate to a Level of Service F because of the back-ups induced by left turning traffic blocking the single northbound lane. Both the north and south bound traffic would be stopped and large queues would develop not allowing any gaps to occur in the opposing traffic streams. Average stopped delay is estimated at 61 seconds per vehicle. Increased fuel costs alone would exceed $97 per hour in the peak periods. Potential Signal Solutions - Dodge Street Reconstruction and 3.phase Signal Additional development off Dubuque Road or on Dodge Street will require significant traffic control improvements and street segment modifications to insure adequate levels of service and access to city services. Dodge Street from Prairie Du Chien to Dubuque Road will require adequate cross sections to allow turning lanes with 12 foot lane widths. This would allow more complex signal phasing and safer turning movements at commercial accesses to HyVee, the Home Town Dairy, and other existing and future commercial development on Dodge. A three phase signal with appropriate geometric modifications and Dodge street improvements would accommodate the existing level of traffic at the Level of Service C specified in the City of Iowa City subdivision development requirements, which neither the existing stop sign arrangement nor a signal at the existing intersection could achieve given the proposed additional residential development. It is important that the City make the Dodge su:eet corridor improvements before allowing additional development or considering down zoning in the neighborhood. Re alignment of the Dodge Street .alignment may also require the City to acquire additional right of way in the corridor from land that may be developed or re zoned. QUINCENT/QUINCENT COURT RESIDENTS ~ 4 DUBUQUE ROAD RESIDENTS NAME ADDRESS PHONE O 18. 19. BRISTOL DRIVE RESIDENTS . ADDRESS 1 PHONE 16. 17, OAKES DRIVE RESIDI~NTS NAME ADDRESS PHONE 13. v~~~ /~5' ~ B37-~ZYg 25. 26. 27. 28. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. NORTH DODGE STREET AND OTHER NEARBY RESIDENTS NAME ADDRESS PHONE ~,~o/ ~d~ ~1 ..*-.~/-1~7..~' Dubuque Road Neighborhood Steering Committee NAME Jim Kessler Todd Gordon Ann Donovan Ronda Lipsius Ed O'Brien Boyd Crosby Jean Reimann Diane Eglseder Mary Losch ADDRESS 1512 Dubuque Road 1520 Dubuque Road 1700 Dubuque Road 1820 Dubuque Road 1501 Bristol Drive 1744 Quincent Street 19 Quincent Court 1247 Oakes Drive 1252 Oakes Drive HOME WORK 351-1479 351-2448 354~5944 338-3373 335-2428 338-5300 338-3158 338-5720 354-4785 338-1097 354-9785 335-2368 STAFF REPORT To: Planning & Zoning Commission Prepared by: Robert Miklo Item: REZ95-0010. Saratoga Springs Apartments Date: June 15, 1995 GENERAL INFORMATION: Applicant: Contact person: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Comprehensive Plan: File date: 45-day limitation period: SPECIAL INFORMATION: Public utilities: Robert P. Burns/Greater Iowa City Housing Fellowship P.O. Box Iowa City, IA 52244 Robert Burns, 338-7600 Rezoning from RS-5 to OPDH-8 and approval of an OPDH plan for a portion of the property. unit multi-family complex. East side of Old Dubuque Road, north of Dodge Street. Approximately 7.8 acres. OPDH-8 plan approximately 4.1 acres. Single-family/vacant. North - RS-5; Residential. South - RS-8 and C]-1; Residential, Commercial and undeveloped. East - RS-5 and RS-8; Residential. West - RS-5, CN-1; Residential, Commercial. 2-8 dwelling units per acre. May 11, 1995. June 26, 1995. Municipal water and sanitary sewer services are available to serve the prop- erty, Public services: Police and fire protection will be provid- ed by the City. Refuse collection will be provided by a private hauler. Transportation: Vehicular access is via Old Dubuque Road which intersects with Dodge at the southwest corner of this property. Transit service is provided by the North Dodge Street route with a stop adjacent to the property. Physical characteristics: The western portion of the property is relatively flat. The eastern portion of the property contains steep slopes. Much of the property contains wood- lands. An existing house and garage located at 1408 Old Dubuque Road are proposed to be removed. There are no immediate plans for the redevelopment of the existing house at 1406 Old Dubuque Road. BACKGROUND INFORMATION: Robert Burns and the Greater Iowa City Housing Fellowship have applied for the rezoning of approximately 7.8 acres of land located east of Old Dubuque Road and north of Dodge Street from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing - Medium Density. The property currently is owned by Charles and Marie Ruppert. The applicants are planning to purchase 4.1 acres of the tract and have submitted a Planned Development Housing Overlay (OPDH-8) plan for that portion of the property. The southern portion of the property containing approximately 3.7 acres would be retained by the Ruppert family and is proposed for a future OPDH development. The applicant initially submitted a proposal to rezone the property to OPDH-12 to allow construction of 65 dwelling units. After discussion with staff the application was revised to OPDH-8. ANALYSIS: The proposed rezoning should be reviewed in relationship to the policies contained in the Comprehensive Plan, the appropriateness of the density and design of this development for the area, and the adequacy of infrastructure and environmental concerns. Comprehensive Plan: The Comprehensive Plan currently designates this property and most adjacent properties for residential development at 2-8 dwelling units per acre. The property immediately to the west of the subject property contains an existing neighborhood commercial center and is designated on the plan for general commercial, The properties to the south and northwest are currently zoned RS-8, medium density single-family residential. Rezoning of the property to OPDH-8 would be in compliance with the low to medium density residential comprehensive plan land use map designation for the area. 3 In this case, development of medium density housing would occur in an area where it would not be disruptive to local residential streets, but rather it would have access to the city's arterial street network and to public transit services, Development of medium density residential in this area would also serve as a transition from the commercial development to the existing and future single-family development in the neighborhood. Given the location of a portion of the property adjacent to Highway 1 and the Hy-Vee/Drugtown shopping center, medium density residential uses may be a more appropriate land use than low density single- family residential. In addition to the land use plan, the Comprehensive Plan contains policies to address the social and economic needs of the city. These include policies which encourage a diversity of housing types, the provision of affordable housing, and the location of medium and higher density housing near transit lines. The zoning of the subject property for medium density residential development would promote these policies of the Comprehensive Plan. There are a limited number of areas of the community which contain characteristics which make them suitable for medium and higher density residential development. These characteristics include access to an arterial street system, sufficient sanitary sewer capacity, and a location on the edge of a neighborhood, so that traffic is not directed into a lower- density residential development. This particular property is one of the few properties in the city which has these characteristics. If the City is going to address the larger Comprehensive Plan policies of encouraging a diversity of housing stock and the provision of affordable housing, rezonings of properties, such as this, to allow medium density residential develop- ment will be necessary. Transportation: The subject property is adjacent to Dodge Street and therefore has access to the city's arterial street system and a transit route. Given that the vast majority of the traffic from this development would be traveling to destinations to the south, with some of the traffic traveling towards the northeast and Interstate 80, development of medium density housing on this site would have minimal traffic impact on the adjacent single-family residential neighborhood. Development at the density proposed by the applicant would be anticipated to generate approximately 205 vehicle trips per day. With future development of the remainder of the Ruppert property, approximately 185 additional vehicle trips per day could be expected from the proposed rezoning area. Dodge Street has existing capacity constraints between Dubuque Road and Governor Street. The City's Capital Improvement Program currently contains a proposal for the reconstruction of this portion of Dodge Street, and for the installation of traffic signals at the intersections of Dodge Street/Prairie du Chien Road and the east leg of Old Dubuque Road near ACT. These improvement projects are tentatively scheduled for Fiscal Years 1997 and 1998 at an expense of ~ 1.9 million. With these improvements Dodge Street will have improved traffic capacity. In the interim, the traffic from this proposed development can be accommodated on Dodge Street with higher than desirable levels of congestion. The congested situation has not resulted in an accident rate which would indicate unsafe traffic conditions in the area. The North Dodge Street transit route which serves this area currently has excess capacity. Multi-family developments tend to make a greater use of transit services than single-family development therefore it is appropriate to encourage multi-family development where transit service is available. As is noted, it is anticipated that the remainder of the Ruppert property will develop as an OPDH-8 zone in the future. To minimize the curb cuts on Old Dubuque Road, staff recommends that a shared vehicular access easement be provided along the south property line of this development and the remaining Ruppert tract. This will allow for consideration of a shared driveway if the City determines one is appropriate at the time the property to the south is developed. Schools: The subject property is in the area served by the Shimek Elementary School. This school currently has capacity for additional students. It is one of the few schools within the City which does have capacity. Neighborhood Open Space: The neighborhood open space ordinances specifies that approximately 8,000 square feet of open space are needed to serve the proposed OPDH development. The Parks and Recreation Commission will be reviewing this project. Given its location, fees in lieu of open space may be appropriate. Environmentally Sensitive Areas: One of the intents of the OPDH regulations is to encourage the preservation of existing landscape features. The eastern portion of the proposed OPDH plan includes slopes of 25% or greater. Staff would only recommend approval of an OPDH plan which is designed to minimize the amount of development occurring near this steep slope. The slope should be left in its natural state. This would help provide for a buffer between this development and the lower density single-family development located on Bristol Drive to the east. Approximately 40% of the proposed OPDH site is covered by a natural woodland. In addition, a grove of cedar trees is located along the Old Dubuque Road frontage of the property. Although it would not be possible to develop the property and retain the entire woodland, it may be possible to cluster development in such a manner that at least a portion of the woodlands are retained on the site. This would provide for a natural buffer around the perimeter of the property and help make the multi-family development more compatible with existing and future residential development in the neighborhood. As a condition of develop- ment, a tree protection plan should be submitted for the existing cedar trees on the property prior to final OPDH plan approval. Storm Water IVlanagement: The applicant is planning to construct a storm water retention area in the southeast corner of the property. Preliminary storm water calculations must be submitted to the Public Works Department to allow for an evaluation of this plan. The proposed retention area should be designed to avoid the need for grading within the ravine in this area. OPDH Plan: The applicant is proposing the immediate development of an OPDH plan for the northern 4.1 acres of the property. The applicant is proposing to rezone the southern 3.7 acres o~ the property to RS-8. Staff recommends that the rezoning of the subject property should be conditioned upon the City approving the future OPDH-8 plan for the southern 3.7 acres. The purpose of the Planned Development Housing Overlay Zone (OPDH) is to permit flexibility in the use and design of structures and land in situations where conventional development may be inappropriate and where modifications of requirements of the underlying zone will not 5 be contrary to the intent and purpose of the Zoning Ordinance, inconsistent with the Comprehensive Plan nor harmful to the surrounding neighborhood. The OPDH regulations are intended to: Provide for flexibility in architectural design, placement and clustering of buildings, use of open space, traffic circulation and parking and related site and design considerations; encourage the preservation and best use of existing landscape features through development sensitive to the natural features of the surrounding area; 3. promote efficient land use with smaller utility and street networks; 4, encourage and preserve opportunities for energy efficient development; and promote an attractive and safe living environment compatible with surrounding residential developments. Properly applied to this location, the OPDH provisions of the Zoning Ordinance would result in a multi-family development which is clustered in such a way that the steep slope located on the eastern side of the property is preserved and the woodlands contained on the property are retained to the extent possible, The design and location at the buildings would be such that the scale of the project provides a transition from the low density single-family portion of the neighborhood to the neighborhood commercial center, The applicant has submitted two alternative OPDH plans. Staff believes that the OPDH plan which is labelled as alternative F (see bottom center of plan for label) better addresses the requirements of the OPDH zone. The OPDH plan shown on alterative F is based on five multi-family buildings and a community center being built around a central courtyard. A driveway provides access to clusters of parking spaces around the perimeter of the buildings. With this design the buildings are clustered near the center of the site, leaving a setback of 80 feet between the north property line and the proposed buildings (the required RS-5 and RS-8 setback is only 5 feet). The proposed 8-plex adjacent to Old Dubuque Road would be set back 50 feet from the street {the required setback is only 20 feet). In this way a generous open space buffer will be provided between the proposed multi-family buildings and the adjacent lower density development. The buildings themselves are only two stories high and are designed with a combination of brick and lapp siding. The design will help to give the buildings the appearance of scale similar to the single-family buildings in the neighborhood. The existing vegetation on the site also will serve as a natural buffer between the multi-family buildings and adjacent developments. This vegetation will be supplemented by a screen of evergreen trees along the northern property line to provide an additional buffer. A grove of existing cedar trees along Old Dubuque Road and at the entranceway of the development are proposed to be retained to provide a mature planting screen. The eastern portion of the property contains a wooded ravine which will be left in its natural state. These elements of the OPDH design will serve to provide a natural screen around the perimeter of the property. 6 This will help make the multi-family development more compatible with the existing and future residential development in the neighborhood. This OPDH plan also provides a courtyard and children's play area at the center of the cluster of buildings. In this manner the useable area space is separated from the parking area and driveways, Although the alternative OPDH plan labeled as Plan 13 (see bottom center of plan for label) has more space between the multi-family buildings on the site, staff believes that it does not address the intent or the requirements of the OPDH zone as well as alternative F. Alternative B relies on a central driveway with several large parking lots being accessed from it, With this design, many of the apartments will have views of paved areas. In contrast, the paved areas shown on alternative F are not concentrated. Alternative F also provides views of the courtyard and the children's play area from many of the proposed apartments. On alternative B the children's play area is separated from most of the proposed units and the open spaces around the buildings are adjacent to parking lots and driveways, The plan shown as alternative B requires that all traffic traveling to and from the site travels through the center of the site, In contrast the plan labeled as alternative F provides a circular driveway so that traffic is not concentrated in one area. Alternative F also provides a means of secondary access and is more suited for service by emergency vehicles. The plan shown in alternative B is more land consumptive and requires a greater encroach- ment into the wooded area, It also provides for less of a setback from Old Dubuque Road. In contrast, alternative F provides for a 50-foot setback for the 8-plex building adjacent to Dubuque Road (the current building on the site is set back approximately 60 feet from Old Dubuque Road), By setting the buildings farther back from Old Dubuque Road, the critical root zone of the existing cedar trees will be less likely to be disturbed during construction and the setback will be similar to the single-family homes located farther to the north on Old Dubuque Road. For these reasons, staff would not recommend consideration of the OPDH plan shown on alternative B. Parking: The Zoning Ordinance requires and that two- and three-bedroom apartments provide two parking spaces for each dwelling unit, The Commission will recall that these parking requirements were recently established to address a concern that multi-family developments did not contain sufficient parking areas to serve the parking demand of tenants, The new requirements are based on the assumption that each occupant of a bedroom often owns a vehicle. This may especially be the case for multi-family developments near the downtown and University campus area. In this case the apartment complex will be occupied by families which for the most part will own only one automobile. Therefore, a reduction in the overall required number of parking spaces may be warranted, The applicant is proposing to provide 1.5 parking spaces per dwelling unit, versus the required two parking spaces per dwelling unit. The eastern end of the drive identifies 3 areas where 20 additional parking spaces can be provided if they are needed. The OPDH process allows the City to grant such variances from the underlying zoning regulations. In this case the proposed reduction in parking requirements may be warranted given the family characteristics of the expected residents, 7 STAFF RECOMMENDATION: Staff recommends that the rezoning from RS-5 to OPDH for the northern 4.1 acres of the subject property be deferred pending resolution of the deficiencies and discrepancies listed below. Upon resolution of these deficiencies and discrepancies, staff recommends that the proposed rezoning and the OPDH plan be approved conditioned upon: An OPDH-8 plan being approved by the City for the southern 3.7 acres. A shared driveway access easement being provided between the two parcels. Approval by the City Forester of a tree protection plan submitted by the applicant for the existing cedar trees prior to final OPDH plan approval. A requirement that the ravine located on the eastern portion of the property will not be disturbed except to allow the construction of essential utilities. DEFICIENCIES AND DISCREPANCIES: 1, Contour lines at a minimum five-foot interval need to appear on the plan, An indication of ownership or binding contract will need to be submitted prior to City Council consideration of the OPDH plan. 4. 5. 6. The dimensions of the tract should appear on the plan. The maximum dimensions of each building should appear on the plan. Elevations of the community center should be submitted. Preliminary storm water calculations must be submitted. ATTACHMENTS: 1. Location map. 2. OPDH Plans. Approved by. Kari~Dir~ector~~-' Dep~rtment of Planning and Community Development LOCATION MAP F~E~Z95-00~O IZ,..06 OLD DUBUQUE RS-5 TO OPDH-B J II IP J \ L The following materials regarding this item were submilled by neighboring property owners or other Interested persons, Mayor Susan Horowitz 1129 Kirkwood Avenue Iowa City, Iowa 52240 RICHARD C. PARK 80 Eallng Dr. IOWA CITY, IA ,52246 July 22, 1995 Dear Mayor Horowitz: I will introduce myself by saying that I am the guy with the two convedables (Lincoln & Cadillac) in the Coralville parade. I am also on the board of the Greater Iowa City Housing Fellowship, I was appointed to this board by the Ecumenical Consultation of Christian Congregations (now reorganizing into an Interfaith Fellowship) to represent them on the board. I became a member of the Ecumenical Consultation as a lay representative from my church. The Ecumenical Consultation was planning to develop affordable housing several years ago but after checking with the Greater Iowa Oity Housing Fellowship. they found their aims were very similar so they decided to join with them for the purpose of providing affordable housing in the Iowa City area. They turned over all the funds which had been accumulated for this purpose to the Housing Fellowship with the understanding they would be entitled to membership on the board. The Housing Fellowship has been active in providing housing with the help of government funds and borrowing but so far has been restricted to duplexes. This current plan for a 40 unit development has been viewed as a chance to make a larger contribution to accommodating the estimated 2000 people eligible for this type of housing. Thus I want to assure you that I am very interested in the rezoning of this tract of land to permit multiple housing. The members of both organizations are also interest in this rezoning. I hope to be at the meeting when this is considered if there is room to get into the council chambers, I did want to use this letter to assure you of my support of the rezoning. I live in an area of many apartments as well as many nice dwellings. The extension of Teg to connect to Aber has provided a tract where many new and expensive homes have been built. I see no reason that apadments and nice single family residences cannot exist in the same general location. June 8, 1995 1267 Oakes Drive Iowa City, Iowa 52245 I am writing to voice my concerns over another proposal from Bob Burns for a 41 unit complex on Dubuque Rd. I wrote recently about his prior proposal for a 66 unit complex and I still have the same concerns over the new proposal as I did with his prior proposal. I am concerned over the following: traffic problems: area congested already as we've seen on local news and read articles concerning high- density development all across America, it's been proven that this is not a good situation and most such developments are now being torn down; why then would Iowa City consider such a development when it's now been proven that the single-family dwelling for any income group is the better way to go? ff a high-denisty complex is built, can Iowa City afford the lack of tax revenue from those neighbors who will relocate and those who have thoughts of building in some of the soon-to-be developed lots off Q.uincent and Dubuque Rd (where dairy now resides) and do not do so because of the congestion from such a complex? recently in the "Gazette" there was an article on how Iowa City favors the neighborhood over rezoning; shouldn't this be the case here? Shereek school cannot handle the extra student load; will you build another school to accomodate? Please consider all of the above, I favor NOT rezoning due to the above. I have no problems with single-family units. Sincerely, July 20, 1995 Iowa City Council Civic Center Iowa City, IA 52240 Dear Councilors: We write on behalf of the Dubuque Road neighborhood to voice our strong opposition to the rezoning of the 7.8 acres located east of Old Dubuque Road and north of Dodge Street from RS-5, low density single family residential, to RS-8, medium density single-family residential with an OPDH-8 Planned Development Housing Overlay on the 4.1 acres located on the northern section of the property. After presenting our concerns to the Planning and Zoning Commission in two public heatings, the Commission voted 6-0 to recommend denial of the mzoning of this pmporty. Because the developers have elected to bring this to the City Council despite this unanimous negative vote, we will again be presenting our concerns at the public hearing during your upcoming meeting. After reviewing the Iowa City Comprehensive Land Use Plan, the Iowa City Planning staff report, the current Iowa City Zoning Ordinance, and recent memoranda concerning the proposed rezoning, we remain convinced that the proposed rezoning and subsequent extensive development of this area will result in serious compromises in the safety of residents, both old and new. In short, the negatives far outweigh the positives. We would oppose the rezoning of this property and development of a complex of this size regardless of the type of housing. Whether forty-ons luxury condominiums or a 41-unit subsidized housing project, density is the central issue. The following are the arguments against and primary negative outcomes that would accompany the rezoning and development of any large apartment complex at this site: Safety · Increased traffic congestion to unsafe levels on both Dubuque Road and North Dodge · Inadequate [~ay area -- increasing likelihood of children playing in street and parking lots o Increased pedestrian travel without benefit of sidewalks or crosswalks o Obstructed sight distance at entrance/exit of proposed development Land Use · Density of development is inconsistent with Comprehensive Land Use Plan · Existence of north side land appropriately zoned for proposed development density · Proposed rezoning is inconsistent with the spirit and intent of current zoning ordinances Sense of Commanit7 · Potential for residents of the proposed complex to be isolated within the development · Lack of neighborhood greenspace/park to facilitate interactions among new and old residents As we have stated previously, we do not oppose the development of low-density affordable housing on this site -- but at the proposed density, this project and the other anticipated development which the rezoning would allow, exceed the land use plan specifications and the ability of the infrastructure and environment to provide a safe and hospitable home for the current residents and the huMreda of other new residents who would come to live in these developments. We look forward to elaborating on these concerns at the August I Council meeting. Respectfully, Dubuque Road Neighborhood Steering Committee Names Appear on Attached List Dubuque Road Neighborhood Steering Committee NAME Jim Kessler Todd Gordon Ann Donovan Ronda Lipsius Ed O'Brien Boyd Crosby Jean Reimann Diane Eglseder Mary Losch ADDRESS 1512 Dubuque Road 1520 Dubuque Road 1700 Dubuque Road 1820 Dubuque Road 1501 Bristol Drive 1744 Quincent Street 19 Quincent Court 1247 Oakes Ddve 1252 Oakes Drive HOME WORK 351-1479 351-2448 354-5944 338-3373 335-2428 338-5300 338-3158 338-5720 354-4785 338-1097 354-9785 335-2368 TO: PROTEST OF REZONINQ HONORABLE MAYOR AND CiTY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of twenty percent or more ol the area of the proper~ Included In the proposed zoning change, or the owners of twenty percent or more of the properiy which Is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed,..do hereby protest the rezonlng of the following property: This patIlion Is signed and acknowledged by each of ua with the intention that such rezoning shall not become effecl~e except by the favorable vote of at least three-fourths of a~l the members of the council, ~11 In accordance with ~414.B of the Code of Iowa, Owner(e) of Property Address STATE OF IOWA ) ) JOHN8ON COUNTY ) 0n thl~,~;~L#lday o~'~/'¥' ,19.~.~.."~ before me, the undersigned, a Notary Public In and for sald'~.~nty and 8tat~ personally appeared to me known to be the identical persons named in m~d who executed the wi~ln and foregoing Instrument and acknowledged that they executed the same as their vciuntsry act end deed. Owner(s) of Prope~ Address STATE OF IOWA ) ) JOHNSON COUNTY ) On thle,~(?'day of ~-'~ ,19 5..~, before me, lhe und~fslgn. ed, a Notary Public In and lot said'County and Stale, I~monafiy appeared .~I~,.L, .~,~-,~{).~.,~) and to me known to be the Identical pareone named in and who executed the within and forego{rig Instrument ?2~n~.~bA~d~;~,~rR~x~cuted the same as their volunla~ act and deed. i,~,/~[all~/ Notary Public In and for the State of Iowa PROTEST OF REZONIN(~ TO: HONORABLE MAYOR AND CITY COUNCIL .- IOWA CITY, IOWA cn We, the undersigned, being the owners of twenty percent or more o! the area ~of'the ~ppeny Included In the proposed zoning change, or Ihe owners of twenty percent or more ~f the property which Is located wfihln two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezonlng of the following property: I~o~, / so&, 'l~ls peGlion Is signed and acknowledged by each of us with the Intention that such rezonlng shall not become eifec't~ve except by the favorable vote of st le~t three-fourths of all the members of the council, all In accordance with §414.6 of the Code of Iowa. Property Address / STATE OF IOWA ) ) es: JOHNSON COUNTY ) On thls~day o! . / ,.~[ ~ ,19~f~, beforeme, ~e unda~lgned, a Nota~ Public in and for said Coun~ ~d State,~emonafiv appe~ed~ ~ }~r~ ~ ~d to me ~o~ ~o be ~e Idml~cai perone n~ed In a~d who executed the within ~d forgoing ins~ment ~d acknow[~ged ~at t~y ex~uted the sa~ as ~elr volunta~ aa and Not~ Public In ~d for ~te of Io~ Owner(e) of Property Addrosa STATE OF IOWA ) ) es: JOHNSON COUNTY ) On this day of ,19 ....... bed'ore me, the undersigned, a Notar/Public In and for said County and State, personally appeared ~d to me known to be the Identical persons named In and who executed the within and foregoing Instrument and acknowledged that they executed the same as their volunta~/act and deed, Noisy Public In end for the State of Iowa TO: PROTE~T OF REZONING HONORASLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA We, the undersigned, being the owners of twenty percent or more of the area of the property included in the proposed zoning change, or the owners of twenty percent or more el the property which Is located within two hu~red feet of the extedor boundaries of the property for which the zoning change !s proposed, do hereby protest the rezonlng of the following property: I ~ ~:)~/)~.,?.e. ~oI I '~P?r~°~'m~+e(7 ?.B ~e.,z¢,s /o~,~.Y This peUUon Is signed and acknowledged by each of us with the intention that such rezonthg shall not b~come effective except by the favorable vote of at least three-fourths of all the members of the council, all In accordance with §414.5 of the Code of Iowa. Owner(s) of STARE OF IOWA ) ) as: JOHNSON COUNIY ) On this ~dey of -~.~"~\V ., I~C~), before me, the undersigned, a Notary Public in and for said County and State! personally appeared ~ 't~,g~,%~ p K and to me known to be the Identical persons named in and who executed the within and foregoing Insb'umant and acknowledged that they executed the same as their volunt8~ act and deed, c In ~d for ~e State of Iowa Oq,m~er(s) of pefty Address -- STATE OF IOWA ) ) JOHNSON COUNTY ) On this I~'~day of '~,,/ , t~, before me, the undersigned, a Notary Pub~tc In anJ for said County and State/pemonal~y sppem'ed ~"k{).Vk) .~,.~\¢¥ and to me known to be the Identical persons named in and who executed the within and foregoing Instrument and acknowledged that they executed the same as their voluntary act and deed. ubllo In ar~l for the State of Iowa The Ecumenical Consultation of Ctn'istian Congregations Tho Ecumen~ca~ of ~sfi~ ~n~g~om P.O. Box 2~ Iowa Cid, Iowa To: City Council From: Ecumenical Consultation of Christian Churches of Iowa City Re: Zoning request We, the undersigned of the Ecumenical Consultation of Christian Churches, Iowa City, IA, meeting July 19, 1995, urge rezoning of the parcel of land located offN.Dubuque Rd. which has been proposed by the Greater Iowa City Housing Fellowship in partnership with Mr. Robert Bums. The Rev. Brace Fischer Father Kenneth Kuntz Mrs. Jackie Finn Mr. Billy Howell-Sinnard Father Dennis Hoffman The Rev. Patricia Halverson Mrs. Ann Shires Mrs. Pat Brandt Mrs. Etta Rasmussen Father David Hitch The Rev. Bob Dean The Rev. John McKinstry The Rev. Jim Holwerda 'August 1, 1995 Iowa City Council Civic Center Iowa City, IA 52240 Dear Council Members: We write today to voice our strong opposition to the mzoning of the 7.8 acres located east of Old Dubuque Road and north of Dodge Street from RS-5, low density single family residential, to RS-8, medium density single-family residential with an OPDH-8 Planned Development Housing Overlay on the 4.1 acres located on the northern section of the property. We have reviewed the Iowa City Comprehensive Land Use Plan, the Iowa City Planning staff report, the current Iowa City Zoning Ordinance, and recent memoranda concerning the proposed rezoning. The neighborhood is unanimous in its view that the proposed rezoning and subsequent extensive development of this area will result in serious compromises in the safety of residents, both old and new. We also wish to state categorically that we are not opposed to the development of affordable honsing in our own or other neighborhoods in this community, but we are extremely concerned about the negative impact that any large apartment complex would have on this neighborhood and the entire North Dodge area. As residents of Iowa City, we too are concerned about the need for diversity of housing types and the provision of affordable housing. We appreciate the difficulties you face balancing the competing goals of increasing the stock of affordable housing units while maintaining appropriate zoning and the integrity of neighborhood communities. However, we do not believe that the perceived benefits of this proposed mzoning outweigh the probable adveme effects of the development of large multi-family housing complexes in this location. Importantly, the issues we raise are as critical to the safety and well- being of any new residents as they are to us. With the application to fezone the entire 7.8 acres at the comer of Dubuque Road and North Dodge, there is the very high likelihood that up to 71 housing units could be built at this location. Moreover, the 10 acres across the street from this site on Dubuque Road am already zoned for higher density housing. The owners, Richard and Penny Donohue, have indicated that this land will in all likelihood be developed with up to 80 additional housing units in the near future if the low density zoning of the nearby property is removed. Therefore, the decision before you is not simply whether or not to allow one large housing project to be bnilt at this site. The decision is whether or not to allow up to 150 housing units to be built at the entrance of a single family neighborhood which, in its entirety -- on four streets -- contains only about half that number of homes, people, and automobiles. LAND USE / ENVIRONMENTAL ISSUES Appropriately-Zoned Undeveloped Land: We have identified a number of mideveloped parcels in various locations throughout the city which are currently zoned RS-8 or higher. Several of these are located in the northern section of Iowa City near this neighborhood. We believe it is incmnbent npon any developer to vigorously pursue all appropriately-zoned properties before attempting to pumhase and mzone large portions of a single-family neighborhood to a much higher density. Relatedly, if property owners am offered substantially more money per acre than would nomeally be the case for that specific pamel of undeveloped land, this type of transaction actually contributes to the problem of overly-inflated land prices in Iowa City. This phenomenon has in fact been discussed in the City Steps Housing Market Analysis as a barrier to affordable housing both in terms of property owners' views that the city has deep pockets and m terms of driving up land costs by actually encouraging, land owners to hold out for more money. If a large portion of the $300,000 originally allocated for site acquisitiou was in fact offered for the purchase of the property in question, this proposed transaction actually becomes part of the problem rather than part of the solution. 'Iowa City Comprehensive Plan: There is a lack of consistency between the proposed OPDH development and tile Comprehensive Land Use Plan. The Comprehensive Plan calls for a density of 2-8 houslno units per acre in this area. The proposed OPDH development of 10 dwelling units per acre exceeds the maximum density permitted by the Comprehensive Plan. We strongly believe that projects should be designed to comply with the existing Plan rather than simply ignoring the Plan or altering the Comprehensive Plan to conform to the development. Environmental Impact: The environmental review recently completed by city staff found no negative effects resulting from the proposed development. We believe it is very significant that several hundred mature trees will be destroyed with no plans to replace them if the development proceeds. We believe this serious damage to the natural landscape of this area and the loss of wildlife habitat is another important negative outcome which has been ignored. Zoning Ordinances: In order to better educate ourselves and ensure that we were not somehow misunderstanding the intent of land zoning, we reviewed the city ordinances which relate to these issues. The statement of zoning purpose and that of the OPDH are reproduced in Attachments A and B. At virtually every point, the proposed rezoning is counter to the spirit and intent of the zoning ordinance. In addition, the use of the OPDH on this site appears to be without merit given the appropriate circumstances outlined in the purpose of the OPDH ordinance. SAFETY Traffic: We believe that the additional traffic generated by the proposed multi-plex, coupled with the traffic from the 14 new home sites soon to be developed on the Bristol Drive extension, would pose a tremendous problem for residents entering and exiting this area. This congestion would be compounded by anticipated future development of a multi-plex on the remaining 3.7 acres on the southern portion of the propert3, in question. Even under present conditions it is difficult to turn south onto Dodge Street from this neighborhood. It is almost impossible to turn north onto Dodge during peak traffic periods. Although there are currently plans to place signals along Dodge Street several years from now, these signals are not planned for the Dubuque Road entrance near Hy~Vec. And, as Jim Stoner's detailed traffic analysis indicates, these signals will not adequately address these traffic problems; in fact, they may exacerbate the problem and result in significant increases in fuel consumption and delays. It is important to note that staff has acknowledged that the level of traffic that would be generated by the proposed development would lead to "higher than desirable levels of congestion" in this area. This point was conceded without any mention of the current expansion of the Interstate 80 interchange commercial areas and the explosion of development in the north corridor or how this expanded development will dramatically increase the traffic on North Dodge Street. We do not want to become one of the accident statistics that will most certainly result from this undesirable level of traffic. We are especially concerned about the increased likelihood that children living in such a complex would be struck by cars or other commemial vehicles entering and leaving this area. Inadequate Recreation Area: The proposed development provides very little space for recreational activities of any sort. Given the location of the site, there is every reason to believe that the children living in the complex would utilize the Dubuque Road (which will become heavily traveled) and the nearby Hy-Vee and Drag Town parking lots and service areas as their play space. Moreover, as noted in a letter from one of the co-owners of the property in question, this part of North Dodge has extremely heavy traffic and poses a danger to children and adults alike. Yet the proposed development that would house many young children would be less than 500 feet from this dangerous area she describes. The lack of adequate recreation area will increase the likelihood that children of all ages will be playing near this dangerous intersection. 'Lack of Sidewalks: There are no sidewalks on Dubuque Road and although it is relatively safe at the current time, increased traffic and parked cars from the proposed development will clearly jeopardize the safety of those walking along this road to gain access to transit services, Hy-Vce, and Drug Town. We believe the existing topography of the west side of the street poses serious barriers to construction of sidewalks because of a deep ravine at one location and high elevations at another. Sidewalks on the east side of the street are precluded because of numerous century-old trees that would be damaged or killed by construction near their root systems. Additionally, heavy pedestrian traffic from the east side of the street -- concentrated at the proposed development -- will have no access to safe crosswalks. Obstructed Sight Distance: Individuals entering the neighborhood on Dubuque Road would not be seen by drivers or bicyclists exiting the proposed development. We are very concerned that this lack of sufficient sight distance would result in a high incidence of vehicular and pedestrian accidents. To our knowledge, no speed study has been conducted at this site and a visual inspection of the site by Jeff Davidson conrimmed that "vegetation" on the property south of the proposed development as well as the curvature of Dubuque Road do not currently allow the 300 foot minimum sight distance at 30 miles per hour. Cars parked on Dubuque Road would further reduce S~oht distance at this location. Staff's recommendation to grant a variance allowing a 25% reduction in required parking spaces would no doubt lead to more parking on the street and increased danger. SENSE OF COMMUNITY Potential Isolation of Residents: In the current physical configuration of the proposed development, there is the potential for isolation of the residents from one another and from other neighbors in the area. There is little opportanity for interaction given the location of the proposed development on Dnbuque Road. Current neighbors will have no reason to walk threugh the development and those living in the complex will have little reason to interact with those currently living in the neighborhood. Hence, it is unlikely that a sense of conmmnity will emerge between the current and new residents. We are united in our view that regardless of the type of development that might eventnally occur in this area, it is vital that we not lose the sense of community that defines neighborhood for all of us. As we have gathered information on zoning and affordable housing issues over the last two months, we have sought out resources from both within and outside of Iowa City. As cities across the country straggle with the same challenges, a number of points have become clear. First, high-deasity housing projects which are targeted only to low-income people have failed. These large projects encourage residents to feel different and cut off from other neighbors and allow "address discrimination" and stigmatization of residents. Additionally, multiple cookie-cutter apartment buildings do not allow for individuality nor do they provide private front doors which have been found to encourage socializing and increase security in an area. We are in agreement with the new approach to urban design, the New Urbanism, which argues that regardless of our incomes, we are all impoverished if we are disconnected from our surroundings. The proposed high-density development -- because it would be so clearly different from the nearby housing types -- would serve as a barrier to community rather than a positive mechanism to weave affordable housing units into the existing fabric of the neighborhood. Neighborhood Open Space: Based on the open-space ordinance, the proposed development should provide approximately 8000 sq. fl. of open space. This amount of space is not provided and fees-in-lieu are suggested. Both City staff and the Parks mid Recreation Commission have acknowledged that a serious neighborhood open space deficit of more than 5 acres already exists in this neighborhood. Despite this acknowledgment, when the development of the 14 home sites was approved several weeks ago, fees were recommended in lieu of dedicated space for both the proposed apartment complex and the additional single-family development. This continued retreat from the intent of the ordinance by recommeuding fees in lieu of required green space is quite disturbing as the development of this area will quickly consume all undeveloped land in this neighborhood -- thereby rendering the fees absolutely useless. 4 PROJECT FUNDING / NEED Finally, although not central to the zoning issues we have discussed, we would also like to note that the proposed allocation of CDBG and HOME monies for site acquisition was originally for one large mixed- income project comprising 133 income-targeted rental units and 191 market-rate owner-occupied and rental units. This plan translates into a per-unit subsidy of $926 for the entire project or $2,256 for the low-income targeted units. For the current proposed project of 41 units, which no longer conforms to desired mixed-income approach, the subsidy per unit would soar to $7,31'7 if the allocation is approved at the original level. As noted by Tom Scott during the Planning and Zoning Commission's deliberations, this extremely high level of subsidy would clearly allow for lower density development of more suitable housing types such as duplexes at this location. In addition, because the rents at the proposed development will not be subsidized and the tenants themselves will be responsible for applying for Section 8 monies, if desired, we were interested in how many other comparable rental units might be akeady available in the community at "fair market rates." We discovered that between 140 and 200 2- and 3-bedroom units were available in these rental ranges in mid-July. The exact number is difficult to determine because some complexes were unwilling to disclose exactly how many units they had available. We thought it was noteworthy that vacancies were also confirmed at Villa Gardens -- Mr. Bums' last income-targeted project. CONCLUSION As we have stated previously, like most important decisions, this is not a simple matter -- affordable housing or no affordable housing. It is complex and involves many difficult issues that must be addressed in order to assure that the safety of all the residents and travelers in this area is maintained and that new residents are able to share in the sense of community that all of us in this neighborhood value so highly. Despite the descriptions you may have been provided by others or perhaps even held yourselves, this neighborhood comprises of a mix of families -- in terms of income, ethnicity, and political persuasion. We are white collar, blue collar, and pink collar-- 9-to-5 and third-shift -- and we believe that every new neighbor deserves to experience this neighborhood as we do. We all believe that the proposed rezoning and subsequent extensive development is clearly inconsistent with the Comprehensive Land Use Plan and the purpose of the City Zoning ordinance. Such high density at this location would clearly jeopardize the safety and well-being of both the cun-ent and new residents of the area and would all but preclude the new residents from beconfing integrated into the existing neighborhood. Therefore, we ask that you concur with the unanimous recommendation of the Planning and Zoning Commission and vote to deny this rezoning application. Respectfully, Residents of Old Dubuque Road, Bristol Drive, Oakes Drive, Quincent Street & Quincent Court [The attached signatures represent every occupied household in the neighborhood with the exception of the owner of the property in question and his daughter.] Attachments ZONING. PURPOSE SECTION 14-6A-2 PURPOSE: The purpose of this Chapter shall be to: Promote the public health, safety, order, convenience, prosperity and general welfare; Conserve and protect the value of property throughout the City and to encourage the most appropriate use of land; C. Lessen congestion in the streets; D. Prevent the overcrowding of land; E. Avoid undue concentration of population; and Facilitate the adequate provision of transportation, water, sewage disposal, schools, parks, and other public requirements. PLANNED DEVELOPMENT HOUSING OVERLAY ZONE (OPDH) SECTION 14-6J-2 PURPOSE: A. The Planned Development Housing Overlay Zone (OPDH) is established to permit flexibility in the use and design of structures and land in situations where conventional development may be inappropriate and where modifications of requirements of the underlying zone will not be contrary to the intent and purpose of the Zoning Ordinance, inconsistent with the Comprehensive Plan nor harmful to the surrounding neighborhood. DUBUQUE ROAD NEIGHBORS NAME ADDRESS TELEPHONE NUMBER 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. DUBUQUE ROAD NEIGHBORS NAME ,4 ADDRESS /9' TELEPHONE NUMBER 1 I/ DUBUQUE ROAD NEIGHBORS 6. 7. 8. 9. 10. NAME ADDRESS TELEPHONE NUMBER 1 30. DUBUQUE ROAD NEIGHBORS NAME ADDRESS TELEPHONE NUMBER ~. /~.~ 27.-~ ffF. g~,~e4'~. ]ZtIT 337- 29. /~.A ~~ /277 O~o.e~ /3e DUBUQUE ROAD NEIGHBORS NAME ~ ADDRESS TELEPHONE NUM~BER 17ol ~k~/ac. ent- ~. 3~ ¢-o 3 1,5" // DUBUQUE ROAD NEIGHBORS 1. NAME ADDRESS TELEPHONE NUMBER I 3. 4. 5. 6. 7. 8. 9. 10. 11. 15. 16. 17. 18. 19. 20, 21. 22. -- 25. 26. 27. 29. 30. 447 S. Summit Street Iowa City, Iowa, 58240 July 25, 1995 Mayor Susan Horowitz 1129 Kirkwood Avenue Iowa City, Iowa 58840 Dear Mayor Horowitz: I'm writinq to support the zoninq change that would allow the Sarasota Springs Apartments project. I'm a trustee of the Greater Iowa City Housinq Fellowship. As you are aware, we have been attempting to find a location to build additional affordable housinq in the community. My personal preference would be for the project to have both rental and owner-occupied housing which doesn't seem to be financially feasible,or for it to be in an already established neighborhood (like ours), but we haven't been able to find land to do that. The Housinq Fellowship is committed to planning good quality housing and securing good manaqement so that Saratoqa Sprinqs will be a desirable place to live. We have apartment complexes emptying on streets much less able to handle traffic than Dodge Street. Properly desiqned access should prevent safety problems. You are certainly aware of the great need for additional affordable housing in our community. To meet this need, I urge you to vote for this zoning change. Sincerely, Mary Spence McCue 7/31/95 To: From: Re: City Council Larry Baker Subsidized Housing Criteria I will be unable to attend the 7/31/95 meeting because of a teaching conflict, but I did want to bring an issue to your attention for possible future discussion. Based on the information available to me at this date, I plan to support the Bob Burns subsidized housing project on North Dubuque. Of course, the public hearing tomorrow night might cause me to rethink that position if new information or more compelling objections are presented. But the point of this memo is not to express that support. Rather, it is to raise a fundamental question about the entire planning and hearing process for all such projects. Especially after the Greenview debate, I have been thinking about how this Council needs to be more specific in its guidelines for future subsidized housing projects. We all agree on the goal: subsidized affordable housing for as many low-income residents as our funding allows. But such projects, especially when planned near already existing homes, will often, if not inevitably, meet with legitimate objections from the public. For example, if the Saratoga project had been located in SE Iowa City, I would have told Bob Burns that I could not support it. For the foreseeable future, I will not support any more new subsidized housing in SE Iowa City. I am willing to accept the consequences of such a position. If one, assuming an extraordinary majority is required, or three other councilmembers agree with me, new subsidized housing will have to go somewhere else other than SE Iowa City or it will not be developed. In other words, subsidized housing, like any other goal of the Council, does not have my signature on a blank check. The obvious problem, I recognize, is that we cannot anticipate every problem ahead of time, nor should we create an arbitrary, complete list of ironclad objections, a list whose cumulative effect would be to eliminate ANY subsidized housing project. Thus, the'Catch-22 of all politics: consistency that the public and staff can plan around; and flexibility to allow ourselves room to make the best decision for the entire community and to fulfill our goals. So, I would like us to schedule an informal discussion, perhaps in mid-November with present and future Councilmembers, to see if we can help the staff, as well as the public and developers, anticipate our support, or lack of support, for future subsidized housing projects. The public and staff should know as much as possible how much we are willing to work around zoning or design concerns, or any other aspect of such projects. Of course, such a discussion might lead us back to exactly where we are now: a frustrated and fatigued staff, a periodically alarmed public, and subsidized housing developers whose time and effort might have been expended more productively on some other project; all of whom are unable to predict how the Council will finally vote. Perhaps there is no better process than the one we already use. Perhaps this is as efficient and as fair as is possible. I hope there is a better way, and we all need to think about it. Finally, I would suggest that some more specific guidelines, if possible, be considered in the following areas: location, cost per unit (land, etc), Comp Plan land use and density, number of subsidized units per development regardless of zoning restrictions (is there a limit to the number of subsidized units in any one location?), site plan (minimum open space, parking, etc), percentage of Section-8 or equivalent units per project, other city subsidies in the form of infrastructure expenditures. The above list is not meant to be exhaustive. Some items may turn out to be pre-smptively unresolveable. Indeed, there might even be some overwhelming advantage to a project that make our prior objections irrelevant. Or, all of our potential objections might be avoided, only to have a new objection be brought to our attention. So be it. But I would hope that, at least for two-year periods, those that depend on a Council decision will have a better chance to anticipate and to resolve potential Council reservations. But they cannot do that unless the Council is willing to help them at the beginning of the process instead of disagreeing with them at the conclusion. Thanks for your consideration. NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR IOWA CITY LANDFILL LEACHATE LIFT STATION CONSTRUCTION PROJECT FOR THE CITY OF IOWA CITY, IOWA TO ALL TAXPAYERS OF THE CITY OF IOWA CITY, IOWA, AND TO OTHER INTERESTED PERSONS: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will con- duct a public hearing on plans, specifications, form of contract and estimated cost for the Iowa City Landfill Lift Station Construction Project in said City at 7:30 p.m. on the 1st day of August, 1995, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications, form of contract and estimated cost are now on file in the office of the City Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any interested persons. Any interested persons may appear at said meeting of the City Council for the purpose of making objections to and comments concerning said plans, specifications, contract or the cost of making said improvement. This notice is given by order of the City Coun- cil of the City of Iowa City, Iowa and as provided by law. MARIAN K. KARR, CITY CLERK pweng~liftstan.nph NOTICE OF PUBLIC HEARING Notice is hereby I~iven that the City Council of Iowa City will hold a public hearing on the lath day of July, 1995, at 7:30 p.m. in the Council Chambers of the City of Iowa City, 410 E. Washington Street, Iowa City, IA, regarding the intent to convey the City owned property at 1109 5th Avenue. The City advertised the property for sale for low/moderate income homebuyers, and upon review of the applica- tions and mortgage approval by the lender, the property will be sold to a qualified buyer.