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HomeMy WebLinkAbout1995-09-12 OrdinanceORDINANCE NO. 95-3689 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULA- TIONS OF AN APPROXIMATE 3.05 ACRE TRACT OF LAND LOCATED NORTH OF AMERI- CAN LEGION ROAD AND WEST OF ARLINGTON DRIVE. WHEREAS, Arlington, L.C., an Iowa General Partnership, owns an approximate 3.05 acre tract of land located north of American Legion Road and west of Arlington Drive; and WHEREAS, Arlington, L.C. has requested rezoning of a 3.05 acre tract of land from County RS, Suburban Residential, to RS-5, Low Density Single-Family Residential; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting rezoning requests, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, pursuant to the annexation policy of the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject property; and WHEREAS, the property owner has acknowl- edged and agreed that this development shall absorb all costs associated with the develop- ment, including costs normally subsidized by the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agree- ment and Section 414.5, Iowa Code, the property described below is hereby classified from its present classification of County RS to RS-5: Tract "A" of Windsor Ridge - Part One, in accordance with the Plat thereof, Recorded in Plat Book 34, at Page 87, of the Records of the Johnson County Recorder's Office. And the Northerly Half of American Legion Road Right-of-Way, Adjacent Southerly to said Tract "A", more particu- larly described as follows: Ordinance No. 95-3689 Page 2 Beginning at the Southwest Corner of Tract "A", of Windsor Ridge -Part One, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 87, of the Re- cords of the Johnson County Recorder's Office; Thence S67°40'33"E, along the Southerly Line of said Tract "A", 106.08 feet; thence Northeasterly, 33.67 feet, along said Southerly Line, on a 20.00 foot radius curve concave northwesterly, whose 29.83 foot chord bears N64°06'05"E; Thence Southwesterly, 19.65 feet along the Southerly Projection of the Westerly Right-of-Way Line of Arlington Drive, on a 174.67 foot radius curve, concave northwesterly, whose 19.64 foot chord bears S19°06'05"W; Thence S22°19'27"W, along said Southerly Projection, 72.64 feet, to its intersection with Centerline of American Legion Road; Thence N67°40'33"W, along said Centerline, 98.02 feet, to its intersection with the Southerly Projection of the Westerlv Line of said Tract "A"; Thence N00°12'02"W, along said South- erly Projection, 75.78 feet to the Point of Beginning. Said Tract of Land contains 0.18 acres, more or less. Said Resultant Total Tract contains 3.05 Acres, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building In- spector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION III. CONDITIONAL ZONING AGREE- MENT. The Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the property owners and the City, following pass- age and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORD- ING. The City Clerk is hereby authorized and directed to certify and record a copy of this Ordinance and the Conditional Zoning Agree- ment at the Office of the County Recorder of Johnson County, Iowa, at the expense of the owner, upon final passage and publication of this Ordinance as provided by law. Ordinance No. 95-3689 Page 3 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. 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 12t._._~h day of September, 1995. M 'OR ATTEST:~-~,~) ~ ~ j CITY CL'~RK Ordinance No. 95-3689 Page 4 It was moved by Kubby and seconded by as read be adopted, and upon roll call thero were: Lehman AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigoft Throgmorton that the Ordinance First Consideration 8/29/95 Vote for passage: AYe. S: Lehman, Novlck, Pigerr, Throgmorton, Baker, Horowitz, Kubby. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 9/20/95 Moved by Kubby, seconded by Throgmorton, that the rule requiring ordin- ances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Kubby, Lehman, Novick, Pigott, Throgmorton, Baker. NAYS: None. ABSENT: Horowitz. CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City"), and Arlington, L.C., an Iowa General Partnership (hereinafter "Owner"). WHEREAS, the Owner, as legal title holder, has requested the City to rezone an approximate 3.05 acre tract of land from County RS, Suburban Residential, to RS-5, Low-Density Single- Family Residential; and WHEREAS, Iowa law provides that the City of Iowa City may impose reasonable conditions on granting rezoning requests, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, pursuant to the annexation policy of the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject property; and WHEREAS, the Owner has acknowledged and agreed that it is reasonable for the developer to absorb all costs associated with the development, including costs normally subsidized by the City. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: Arlington, L.C., an Iowa General Partnership, is the owner and legal title holder of property located north of Amedcan Legion Road and west of Arlington Drive, which property is more particularly described as follows: Tract "A" of Windsor Ridge - Part One, in accordance with the Plat thereof, Recorded in Plat Book 34, at Page 87, of the Records of the Johnson County Recorder's Office. And the Northerly Half of American Legion Road Right-of-Way, Adjacent Southerly to said Tract "A", more particularly described as follows: Beginning at the Southwest Corner of Tract "A", of Windsor Ridge - Part One, in accordance with the Plat thereof Recorded in Plat Book 34, at Page 87, of the Records of the Johnson County Recorder's Office; Thence S67°40'33"E, along the Southerly Line of said Tract "A", 106.08 feet; thence Northeasterly. 33.67 feet, along said Southerly Line, on a 20.00 foot radius curve concave northwesterly, whose 29.83 foot chord bears N64°06'05"E; Thence Southwesterly, 19.65 feet along the Southerly Projection of the Westerly Right-of-Way Line of Arlington Drive, on a 174.67 foot radius curve, concave northwesterly, whose 19.64 foot chord bears S19°06'05'~/V; Thence S22°19'27'~N, along said Southerly Projection, 72.64 feet, to its intersection with Centerline of American Legion Road; Thence N87°40'33'~N, along said Centerline, 98.02 feet, to its intersection with the Southerly Projection of the Westerly Line of said Tract "A"; Thence NO0°12'O2'~/V, along said Southerly Projection, 75.78 feet to the Point of Beginning. Said Tract of Land contains 0.18 acres, more or less. Said Resultant Total Tract contains 3.05 Acres, more or less, and is subject to easements and restrictions of record. The Parties acknowledge that, pursuant to the annexation policy contained in the City's Comprehensive Plan, the proposed rezoning is subject to the developer agreeing to pay all of the costs associated with providing infrastructure for development of the subject tract. The Owner further acknowledges that said policy requirement is reasonable and that the costs associated with providing infrastructure to the subject tract are the direct result of the requested rezoning. In consideration of the City's rezoning the subject properly from County RS, the Owner agrees that development and use of the subject property will conform to the requirements of the RS-5, Low Density Single-Family Zone, and the Owner shall pay all of the costs associated with providing infrastructure for development of the subject tract. The Owner acknowledges that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (1995), and that said conditions satisfy public needs which are directly caused by the requested zoning change. The Owner acknowledges that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 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 for~;e 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, representatives, and assigns of the Parties. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from complying with all applicable local, state, and federal regulations. The Padies agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. , Dated this /Z day of .S¢?~.,,.,b~,- ,1995 By G-~a ~.~./Watt7 CITY OF IOWA CITY Y~r Moreland, Jr. · b: citL2.L om N~omi J.~/No~ick, Mayor Pro t~rr Madan K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /2 ~ day of ,~,~,¢- ,1995, before me, $~d,-~--~-- ~o,.',-+', a Notary Public ~n and for the State of Iowa, personally appeared ~ao.~:l. ,~, NovJ. ckand Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are theM~yor and City Clerk, respectively, of the City of Iowa City Iowa that the seal rro 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 C.~uncil as contained in Ordinance No. ¢5- :7,~? passed by the City Council on the /Z - day of .~;,~,.~.,,- , 19 ~ , and that ~aot, Lt ,.'. l~ovi¢~K. and Maclan 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. STATE OF IOWA ) )ss: JOHNSON COUNTY ) Notary Public in and for the State of Iowa On this /.~' day of~ 1995, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Gary D. Watts and John Moreland, Jr., to me personally known, who being by me duly sworn did say that they are members of Arlington, L.C., the Iowa Limited Liability Company executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the company on authority of its members; and that Gary D. Watts and John Moreland, Jr., acknowledge the execution of the foregoing instrument to be the voluntary act and deed of the company, Arlington, L.C., by it and by them voluntarily executed. Notary-Public in and for the State of Iowa ORDINANCE NO. 95-3690 AN ORDINANCE ANIENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULA- 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 re- quested rezoning of approximately 250 acres of land located north of 1-80 and west of North Dubuque Street from CounW 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 City owned facilities; and WHEREAS, the new zoning classification is consistent with the highest and hast 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 reclass!fied from its present classification of County A1, RS and R3A to P. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION II1. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 12th day of September, 1995. Pro ,, S CITY CrERK Ordinance No. 95-3690 Page. 2 It was moved by Kubby and seconded by as read be adopted, and upon roll call there were: Pigott AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick PIgott Throgmorton that the Ordinance First Consideration 8/15/95 Vote for passage: AYES: Novick, Pigott, Throgmorton, Horowitz, Kub~y, Lehman. NAYS: None. ABSENT: None. Baker, Second Consideration 8/29/95 Vote for passage: AYES: Novick, ?igott, Throgmorton, Horowitz, Baker, Kubby Lehman. NAYS: None. ABSENT: None. Date published ~/7o/~ 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 o 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°00'42"W, 664.33 feet; Thence N10°24'17"W, 497.56 feet; Thence N08°09'32"W, 721.64 feet; Thence NO2°50'O2"W, 399.21 feet; Thence N02°03'22"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°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°O1 '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 °O7'29"E along said West Line, 148.17 feet, to its intersection with the Southerly Top of Bank of said Iowa River; Thence S61°43'O1"E, along said Top of bank, 1.82 feet, to a 5/8 inch iron pin; Thence S67°54'O8"E, 394.85 feet, to a 5/8 inch iron pin; Thence S74°11'O4"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 sa~d westerly right-of-wa,t line, 20.O0 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.O4 feet, to its southeasterly corner thereof, on the former centerline of said North Dubuque Street; Thence SO8°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 SO0°47'57"W, along said East Line, 63.01 feet, to a point on the southerly R~ght-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°20'1 5"E; Thence ou9 O= ,,+ ~, along said southerly right-of-way line, 109.03 feet; Thence S53o26'36"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 SO3°21'14"E, along the easterly line of said surveyed parcel, 23.45 feet, to an iron pin found; Thence S40o44'44"E, along said easterly line, 123.47 feet, to an iron pin found; Thence S03o 15'44"E along said easterly line, 46.82 feet, to an iron pin found; Thence S40O26' 16"W, along said easterly line, 254.19 feet, to an iron pin found; Thence S05o42'36"W, along said easterly line, 138.07 feet, to an iron pin found; Thence S65o31 '2S"W, along said easterly line, 288.13 feet, to an iron pin found atthe southwesterly corner of said surveyed parcel; Thence N88o59'28"W, 9.36 feet, to a point on said East Line of the west one-half, of said Southeast Quarter of Section 33; Thence S00o47'57"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 eaid 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 S15o48'56"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. ORDINANCE NO. 95-3691 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 Development," is hereby amended by repealing Article C, entitled "Historic Preservation Regulations," and replacing there- with a new Article C, entitled "Historic Prese[va- tion Regulations" as follows: 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: 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 14-4C-6.1: Register of Historic Landmarks and Historic Districts 14-4C-6.2: Rccording 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. 95-3691 Page 2 14-4C-1: PURPOSE AND INTENT: The pur- pose of this Article is to: A. Promote the educational, cultural, eco- nomic and general welfare of the public through the protection, enhancement and perpetuation of historic districts and his- todc 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, amhitectural 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; E. Protect and enhance the City's attrac- tions to tourists and visitors and thereby support and stimulate business thereby provided; F. Strengthen the economy of the City; and G. Promote the use of districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City. (Ord. 94-3636, 8-30- 94, eft. 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 wdtten request by a prop- arty 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 architectural features of the building, h~storic landmark or on the historic dis- trict. The certificate of no matedal effect evidenc- es approval by the 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 a historic (~;stdct or Ordinance No. 95-3691 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 other regulated permit is required for com- pliance with applicable City codas.' 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 o! a building and for which no regulated permit is required. For the purposes of this Article, chang- es made in the color of the exterior sudaces of a building are 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 archi- tectural 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 distincti:,cne$s. EXTERIOR FEATURES: The architectural 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, A.,tlde G of this Title for moving build- ings. Ordinance No. 95-3691 Page 4 HISTORIC DISTRICT: An area that contains contiguous pieces of property under diverse own- ership which: A. Are significant to Amedcan history, archi- tecture, amhaeology and culture or Iowa City history, architecture, archaeology and culture; or B. Possess integrity of location, design, setting, rcatedals and workership; or C. Are associated with events that have made a significant contribution to the bread 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 adistic 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 building, struc- ture, object, archaeological site, area of land or element of landscape architecture with signifi- cance, importance or value consistent with the criteria conturned in paragraphs A.-F. of the defi- nition of histodc 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 Code~, "Sign Regulations"3, House Movers' Or- dinance4 or Fire Codes. (Oral. 94-3636, 8-30- 94, elf. 9-1-94) See Chapter 5. Article A of this Title. See Chapter 6. A~ticle O of this TitJe. Sea Chapter 5. Article G of this Title. See Title 7, Chapter 1 of the City Code. Ordinance No. 95-3691 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, amhitecture, 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. (Oral 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.. 95-3691 Page 6 have the right to vote. The vice-chairper- son shall, in cases of absence or disabili- ty of the chairpemon, perform the duties of 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. C. 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- preval 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 concurring 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-~-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 histodc 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- mer~d~tiun 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 Ordinance No. 95-3691 Page 7 Places and shall conduct a public hear- ing thereon. C. The Commission shall review and act upon all applications for 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 and Cily 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, elf. 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 of such hearing at least seven (7) days prior 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- erty owner upon whose land the proposed land- mark or any part of it is Incated at the nwnP. r's last known address. If the address of any prop- erty 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 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 rapod to the Plan Ordinance No. 95-3691 Page 8 and Zoning Commission and shall include a pro- posed ordinance establishing such distdct and describing the boundary thereof. If, after the public hearing, 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 histodc 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 Council with respect to the relation of such conservation district, histodc district or landmark designation to the Compre- hensive Plan, Zoning Ordinancee, 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, histodc district or historic landmark. The Historic Preserva- tion Commission shall be advised of any modifications to the proposed conserva- tion district, historic distdct or historic landmark designation which are recom- mended to the City Council by the Plan- ning and Zoning Commission. City Council Review: If the area of the proposed conservation district, historic distdct 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 Chapter 6 of this Title. Ordinance No. 95-3691 Page 9 view and recommendations concerning the altered proposed area or altered proposed histodc landmark designation. D. State Recommendations: The recom- mendations from the State Historical Society of Iowa or its successor concern- 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 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 estab- lishing a consen/ation district, a historic district or a historic landmark. The City Council may adopt or reject the ordi- nance or may refer the conservation district, historic distdct or historic land- mark designation to the Historic Preser- vation Commission for modification. If the City Council refers 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. (Oral. 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. 95-3691 Page 10 14-4C-6.2. RECORDING 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 property 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 distdct 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 distdct 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 Com- mission 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 dis- trict, histodc district or on a hlstodc 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. 95-3691 Page 11 Historic Preservation Commission in the consider- ation of the application. ) 2. Upon the filing of such application, the Building Official shall immediately notify the His- todc 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 Com- mission shall review the appllcation, according to the duties and powers specified herein. 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, proposed by the application conforms to standards set forth in the January, 1979 edition of the Secretary of Intedor's Standards for Reha- bilitation or subsequent revisions thereof. The Commission may use the Secretan/of Interior'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 to a historic landmark, building or site conforms to the Secretan/of Interlot'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 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 wdtten reso- lution 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 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 applicant by ordinary mail. If the application is approved or ap- proved with modifications acceptable to the applicant, a certificate of appropriate. ness will be issued, signed by the chair- person and immediately transmitted Ordinance No. 95-3691 Page 12 along with the application to the Building Official. If the application is disapproved, the application will be immediately trans4 mitted, 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 histodc district or for a historic landmark, may appeal the action to the City Council. Such an ap- peal 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 reasonable time, hold a public 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 arbi- trary or capricious. In exemising the above mentioned powers, the City Coun- cil may, in conformity with the provisions 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 decision 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 deci,~ion 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 (1 O) busi- ness days after the filing of the Commls- sion's resolution. The Board of Adjust- ment shall, hold a public hearing on the appeal, give the public notice as required Ordinance No. 95-3691 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 Commis- sion's actions were arbitrary and capri- cious. In exemising 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 work per/ormed 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. (Ord. 94-3636, 8-30- 94, eft. 9-1-94) 14-4C-8: REMEDY OF DANGEROUS CONDI- TIONST: 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 affect the exterior features of any building, See also Secaon 14-5F-3 of this Title. Ordinance No. 95-3691 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 enforcement 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 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. C. If a solution acceptable to the Commis- sion, the City enforcement agency or department and the property owner can- not be reached within 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 zone in which it is to be built or moved" unless in the case of a con- servation district the conservation district ordi- nance provides for alternative requirements. However, if a building has been damaged or destroyed due to fire, explosion, act of God or other natural disasters, it may be placed upon its original foundation or the site of the original foun- dation regardless of the extent of damages, pro- vided it is reconstructed as near as possible to the origina! 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, 8-30-9a., eft. 9-1- 94) B See Section 14-6Q-4 of Ibis Title. 9 See Chapter 6. Article T of this T~e for restoration of n0nconformlng structures. Ordinance No. 95-3691 Page 15 SECTION II. AMENDMENT. Chapter 6, entitled "Zoning," Article J, entitled "Oreday Zones," is · hereby amended as follows: ' a. Section 14-6J-3, entitled "Historic Preser- vation Overlay 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 Cily; 2. Safeguard the City's historic, aesthet- ic, and cultural heritage by preserving histodc landmarks and districts of historical, architectural and cultural significance; 3. Stabilize and improve property values by conserving historic properties; 4. Foster civic pdde in the legacy and beauty of past achievements; 5. Protect and enhance the City's attrac- tiveness to tourists and visitors, thereby support- ing 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 properly under diverse own- ershlp 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 histo~,; or d. Are associated with the lives of persons significant in our past; or e. Embody the distinctive char- actedstics of a type, period, method of construction; represent the work of a master; possess high artistic values; 'eSee Chapter 4, AY~cle C of this Title for historic preser- vaUon regulations. Ordinance No. 95-3691 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-histo~ or history. (1978 Code {}36-53) 2. A historic landmark is any building, structure, object, area of land or element of land- scape architecture 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 historic landmark by the City Council pursuant to this Article. C. Preocedures for Designation of Historic Landmarks, OHP and Conservation Overlay (OC)" Zones: 1. Report by Histodc Preservation Com- mission; Hearing: a. The Historic Preservation Commission must make a report recom- mending that an area be designated an OC, OHP zone or historic 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- todc 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 hearing. Such notice shall be served by ordinary mail addressed to each prop- erly owner of land included in such pro- posed OC, OHP zone or historic land- mark at the property owner's last known address. If the address of any properly 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 mailing and the names and ad- dresses of all property owners notified pursuant to this subsection, After this public hearing, the Histodc 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, Article 5, Secaon 4 of this Title regarding Conservation Over~ay Zones. Ordinance No. 95-3691 Page 17 b. A copy o! the report shall also be submitted to the State Historical Soci- ety o! Iowa or its successore 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, OHP 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 improvements 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- todcal 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 coctce[n- ing the proposed OC, OHP zone or his- toric landmark and area or altered pro- posed OC, OHP zone or historic land- mark and area prior 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. 95-3691 Page 18 Iowa or its successor available to the public for viewing during normal working hours at a City government place of public address. b. After receiving the recom- mendations of the State Historical Soci- ety of Iowa or its successor on the pro- posed OC, OHP zone or historic land- mark and area and/or altered proposed OC, 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 Councif's proposed modification shall be notified by mail of the modifica- tion prior to action by the Historic Pres- ervation Commission. (1978 Code §36-54; 1994 Code) b. Article 14-6J, entitled "Overlay Zones," is hereby amended by adding new Section 14-6J-4, entitled "Conservation Overlay Zone (OC)," as follows: 14-6J-4: CONSERVATION OVERLAY ZONE (oc): A. Purpose: The purpose of the OC zone is to: 1. Conserve 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 compatibility with the existing character of older neighborhoods; 2. Encourage the retention and rehabil- itation of existing dwelling units in older neigh- borhoods; Ordinance No. 95-3691 Page 19 3. Stabilize property values and encour- age reinvestment in older neighborhoods; and 4. Protect the environmental setting of historic landmarks and histodc 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 diverse 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 qualify for historic district designation; and 2. Reprosent 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 distinctiveness. 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 Preservation 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 Histodc Preserva- tion Commission. In making its determi- nation as to whether or not an OC zone should be established for the neighbor- hood, the Historic 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 huilding.~: 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 archilectural styles, building scale, building setback; and 5) The concerns of residents and property owners in the area. Ordinance No. 95-3691 Page 20 If the Historic Preservation Com- mission determines that the area does not meet the criteria 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- toric Preservation Commission shall prepare a Conservation District Report. 2. Conservation District Report: The Conservation District Report shall be prepared by the Historic Preservation Commission in consulta- tion with district property owners and residents. 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- me~tino 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 District 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. 95-3691 Page 21 mission which considers proposed de- signs which involve construction 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 distdct ordinance and the conservation district report prepared by the Commission, signify the character of that district. Major reviews shall be conducted according to the requirements for a certificate of 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 review 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 architectural features as determined by the conservation distdct ordinance and the conservation district 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. Written report of this review process shall be made to the Commission by the next scheduled Commission meeting. 4. Headng: Approval of a Conservation Distdct 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 III. 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. 95-3691 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 ! 2th day of September, 1995. Approved by: /~ ppdadmin~oph-oc.ord Ordinance No. 95-3691 ~;... It was moved by Pigot t and seconded by as read be adopted, and upon roll call there were: Lehman that the Ordinance AYES: NAYS: ABSENT: x Baker x Horowitz x Kubby x Lehman x Novick x Pigott x ThroEmorton First Consideration 8/15/95 Vote for passage: AYES: Pigott, ThroEmort. on, Baker, Horowit. z, Kubb.y, Lehman, Novick. NAYS: None. ABSENT: None. Second Consideration Vote for passage: AYES: Pigott, Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick. Date published 9/20/95 Ordinance No, 95-3691 Page 18 Iowa or its successor available to the public for viewing during normal working hours at a City government place of public address. b. After receiving the recom- mendations of the State Historical Soci- ely of Iowa or its successor on the pro- posod OC, OHP zone or historic land- mark and area and/or altered proposed OC, OHP zone or historic landmark al area, the City Council shall provide rice of public hearing as provided and conduct a public hearing on tl nance establishing or historic landmark. The adopt or reject the or refer the OC, OHP zone or mark designation to the Commission for If City Council ].he OC, OHP or historic land~ hation to tion exceptions: (1) Un are Section (2) the C the I: C4 of this Sec- with the following substantial modifications hearing require- of this Council's modification notified by mail modifica- to action by the Commission. Code 1994 Code) Article 14-6J ,," is hereby amended by adding 14-6J-4, entitled 'Conservation Zone (OC)," as follows: CONSERVATION OVERLAY ZONE A. Purpose: The purpose of the OC zone is to: 1. Conserve the unique characteristics of older neighborhoods, including their amhitectural, h~stoncal and aestl~et~c qualities; Provide for design review of new con- struction or alteration o! existing buildings to assure compatibility with the existing character of older neighborhoods; 2. Encourage the retention and rehabil- Itation of existing dwelling units in older neigh- borhoods; ORDINANCE NO. 95-3692 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULA- TIONS OF APPROXIMATELY 103.86 ACRES, WHICH INCLUDES THE HIGHWAY 218/HIGHWAY I INTERCHANGE AND PROP- ERTY LOCATED IN THE SOUTHWEST QUAD- RANT OF THE INTERCHANGE. WHEREAS, the Applicant, Howard Winebrenner, on behalf of property owner Kirkwood Community College, has requested annexation and rezoning of approximately 39.3 acres of land located in the southwest quadrant of the Highway 218/Hi§hway 1 interchange; and WHEREAS, in order for this tract to be contiguous to the corporate limits of the city the Highway 218/Highway 1 interchange, consisting of approximately 64.56 acres, must also be annexed and rezoned; and WHEREAS, the Comprehensive Plan and the Fringe Area Agreement suggest that commer- cial or light industrial zoning is appropriate for property in this location; and WHEREAS, intensive commercial zoning in this location is consistent with the current use of adjacent properties end in the City's best interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. ZONING AMENDMENT . The property described below is hereby reclassified from its present classification of County RS to C1-1: Beginning at the Southwest corner of the Southeast quarter of Section 20, Town- ship 79 North, Range 6 West of the 5th Principal Meridian, Johnson County, Iowa; Thence N00°32'34"E, along the West line of the Southeast Quarter of said Section 20 a distance of 1395.30 feet; Thence S89°57'26"E, along the South line of a tract of lend recorded in Deed Book 767 at Pages 227-229 in Johnson County Recorder'$ Office, 625.4 feet; Thence N59°14'26"W along the Southwesterly Right-of-Way line of Primary Road 218, a distance of 396.00 feet; Thence N43°25'05"W, 407.57 feet; Thence NOO°31'30"E along the said line 5.60 feet; Thence N17°59'00"W along the said line 496.60 feet; Thence N04°34'30"W Ordinance No. 95-3692 Page 2 along the said line 259.70 feet; Thence N31°OS'30"W, along the said line 1393.80 feet; Thence N35°O9'30"W, along the said line 162.10 feet; Thence S89°50'30"E along the North line of the Southeast quarter of the Northwest quar- ter of said Section, 386.30 feet; Thence S35°57'00"E along the Northeasterly Right-of-Way line of Primary Road 218, a distance of 726.80 feet; Thence S41 °07'30"E along the said line 282.40 feet; Thence S52°22'30"E, along the said line 140.30 feet; Thence S61°52'30"E, along said line 692.80 feet; Thence S40°17'29"E, 414.83 feet; Thence Sl1°12'00"E along the said line 556.10 feet; Thence S41 °12'O0"E, along the said line 157.70 feet; Thence Sl1°22'30"E along said line 375.10 feet; Thence $34°17'15"E along the said line 1686.31 feet; Thence N89°59'28"W along the South line of said Section 20, a distance of 2255.00 feet to the Point of Beginning. Said parcel of land contains 103.86 acres, more or less, and is subject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby authorized end directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this Ordinance as provided by law. SECTION III. CERTIFICATION AND RECORD- ING. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the-County Recorder of Johnson County, Iowa, upon final passage and publica- tion as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication sha!! not affect th~ validity ~f the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION VI. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 95-3692 Page 3 Passed and approved this 12th day of September, 1995. MAY~OR ,Pw(/lenf ,~ ATTEST. ~ ~', ~ CITY CLERK City A~torney s .Offi(~e/ , ~ Ordinance No, 95-3692 Page, 4 It was moved by Pigot t and seconded by as read be adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: Baker Horowitz Kubby Lehman Novick Pigott Thingmorton that the Ordinance First Coneideration 8/1/95 Vote for passage: AY.ES: Horowitz, Kubby, Lehman, Pigott, Throgmorton, Baker. NAYS. None. ABSENT: Novick. Second Consideration 8/15/95 Vote for passage:AYES: Throgmorton, Baker, Horowitz, Kubby, Lehman, Novick, Pigott.NAYS: None. ABSENT: None. Date published 9/20/95