HomeMy WebLinkAbout2017-09-05 OrdinancePrepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ17-00012)
ORDINANCE NO. 17-4721
AN ORDINANCE REZONING 2500 SQUARE FEET OF PROPERTY FROM PLANNED HIGH DENSITY
MULTI -FAMILY RESIDENTIAL (PRM) ZONE TO RIVERFRONT CROSSINGS — CENTRAL
CROSSINGS (RFC -CX) ZONE FOR PROPERTY LOCATED AT 114 E. PRENTISS STREET (REZ17-
00012)
WHEREAS, the applicant, Roby Miller, has requested a rezoning of property locally known as 114 E.
Prentiss Street from Planned High Density Multi -Family Residential (PRM) zone to Riverfront Crossings —
Central Crossings (RFC -CX) zone; and
WHEREAS, the subject property is located in the Central Crossings subdistrict of Riverfront Crossings;
and
WHEREAS, the Downtown and Riverfront Crossings Master Plan, an integral part of the Comprehensive
Plan, sets forth goals and objectives for the Central Crossings subdistrict, including promoting a mix of
housing options and improving the quality of residential design; and
WHEREAS, the zoning standards that apply in the Central Crossings zoning district encourage
development that is of a scale and design to achieve the desired development character described in the
Riverfront Crossings Master Plan and will improve the quality of the neighborhood by encouraging
reinvestment in existing properties; and
WHEREAS, the proposed zoning will allow conversion and re -use of an existing building on a very small
property into a duplex;
WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning
designation of Planned High Density Multi -Family Residential (PRM) Zone to Riverfront Crossings -Central
Crossings (RFC -CX) Zone:
COUNTY SEAT ADDITION E 50' OF S 50' LOT 5 BILK 8
SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage,
approval and publication of this ordinance, as provided by law.
SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 5th day of September , 2017.
L,
MA R
APPROVED BY:
ATTE i ?JCti� i. /c 2 nrz��z
CITY CLERK CITY ATTORNEY'S OFFICE'�� ���
Ordinance No. 17-4791
Page 2
It was moved by Mims and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT: ABSTAIN:
First Consideration 08/15/2017
Vote for passage: AYES: Mims,
Botchway, Cole. NAYS: Non
Second Consideration _
Vote for passage:
Date published
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Taylor, Thomas, Throgmorton,
None ABSENT: Dickens
09/14/2017
that the
Moved by 'Mims, seconded by Dickens, that the rule requiring ordinances
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.
To: Planning and Zoning Commission
Item: REZ17-00012
114 E. Prentiss Street
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Sylvia Bochner, Planning Intern
Date: July 20, 2017
Applicant: Roby Miller
105 Iowa Avenue, Suite 231
Iowa City, IA 52240
Contact:
Requested Action
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Comprehensive Plan:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Same as above
Rezone from Planned High Density Multi -Family
Residential (PRM) zone to Central Crossing
Subdistrict (RFC -CX) zone
09-05-17
5a
To allow for conversion of the property into a duplex
114 E. Prentiss St.
2,500 square feet
Vacant Two-story office building (PRM)
North: Multi -Family Residential (PRM)
South: Multi -Family Residential (PRM)
East: Public Parking Facility and Multi -Family
Residential (RFC -CX)
West: Multi -Family Residential (PRM)
Riverfront Crossings District
July 3, 2017
August 17, 2017
The applicant, Roby Miller, has requested a rezoning from Planned High Density Muiti-Family
Residential (PRM) zone to Riverfront Crossings Central Crossings (RFC -CX) zone for a 2500
square foot property at 114 E. Prentiss Street. The property is located within the Riverfront
Crossings Central Crossings subdistrict.
The current two-story building on this property was built in 1961 as an office building with four
units of residential. At that time, the area was in the Central Business Service (CB -2) zone. In
1989, an Islamic Mosque acquired the building and received a Special Exception to change the
use of the property to Religious/Private Group Assembly use. As an effort to eliminate the CB -2
zone as part of the 2005 rewrite of the zoning code, all properties south of Burlington Street that
were zone CB -2 were rezoned to other zoning designations. In this case, the property was
rezoned to Planned High Density Multi -Family Residential (PRM) to be consistent with zoning of
the surrounding properties. In 2006, Shelter House began to use the building as office space, but
the use of the property did not change from Private Group Assembly use. Shelter House has
since stopped using the building and it has been vacant for some time.
Along with their application, the applicant has submitted a concept drawing of the proposed
improvements. They would like to convert the existing building into a duplex with one unit on each
floor. They would also like to remove pavement in the side yard and add landscaping to provide
more open space for residents, repaint the exterior, and modify the building so that the front
entrance faces the street and the address is clearly marked.
The applicant did not hold a Good Neighbor meeting because of the small scale of the project.
ANALYSIS:
Current zoning: The current Planned High Density Multi -Family Residential (PRM) zoning is
intended for the development of high-density multi -family housing in close proximity to centrally
located employment, educational, and commercial uses. This zone is primarily intended for multi-
family housing and is one of the few residential zones where single family and duplexes are not
allowed. This zoning has been problematic for this property since the mosque use left. The
property is nonconforming in a number of ways, including minimum lot area, setbacks, and
parking.
Proposed zoning: The proposed zoning, Riverfront Crossings Central Crossings Subdistrict
(RFC -CX), is intended for moderate intensity mixed use development in buildings with entries
opening onto pedestrian friendly streets. This zone allows most uses that would be allowed in the
CB -5 zone, with some exceptions. Allowed uses include commercial uses such as offices, retail,
and restaurants, along with educational and religious uses. In addition, residential uses are
permitted in a wide variety of building types. A duplex would be a permitted use in this zone. The
maximum building height in this zone is four stories, with a fagade stepback above the third story.
An additional four stories are available through bonus height provisions. However, due to the
small size of the property, redevelopment possibilities would be very limited. Therefore, the
applicant plans to renovate the existing building into two residential units and make improvements
to the site to bring it into general conformance with the Riverfront Crossings form -based zoning
code.
Comprehensive Plan: The Downtown and Riverfront Crossings Master Plan was adopted in
January 2013 as an integral part of the City's Comprehensive Plan. The subject property is
located in the Central Crossings Subdistrict of Riverfront Crossings. One of the major goals for
this subdistrict is to provide a wide range of housing options for people to live in a mixed-use
neighborhood that is within walking distance to downtown and the university campus. This
property, when converted into a duplex according to Riverfront Crossings standards, would
contribute to this goal as an adaptive re -use of an existing building to provide new housing
options in the area. Additionally, the proposed improvements to the property will enhance the
area's pedestrian character and bring the property closer into conformance with the Riverfront
Crossings form -based zoning.
Compatibility with neighborhood: The properties surrounding the subject property include
apartment buildings and townhouses, including some that have been built recently following
Riverfront Crossings standards, older houses that have been converted into apartments, and
some commercial uses. Riverfront Crossings -Central Crossings zoning will allow this property to
redevelop in order to be compatible with the future character of this area. Conversion of this
property into a duplex will be compatible with the mixed use and multi -family character of the
neighborhood.
Traffic implications: When converted into a duplex, this property will have few traffic
implications. It will be served by existing streets that provide good traffic circulation and is within
walking and biking distance to Downtown and the University of Iowa campus. When converted
into a duplex, the property will not be required to provide parking on site. The current office use
requires 6 parking spaces (1 space for every 300 square feet of floor area). Under RFC -CX
zoning, a two-bedroom unit requires 1.5 parking spaces and a three-bedroom unit requires 2.5
parking spaces. If both units in the proposed duplex had three bedrooms, a total of five parking
spaces would be required. Because the proposed use would require fewer spaces than the
current use, no additional parking spaces would be required. Given the location directly adjacent
to the City's new parking facility, future tenants would be able to purchase a permit to park in the
facility if they have a car. In addition to the public parking facility, there is also on -street parking
available.
STAFF RECOMMENDATION:
Staff recommends approval of REZ17-00012, a proposal to rezone approximately 2500 square
feet of property located at 114 E Prentiss Street from Planned High Density Multi -Family
Residential (PRM) to Riverfront Crossings -Central Crossings (RFC -CX).
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Applicant's concept plans
Approved by:
ppdadmiNstlrepldowmen@
—7 1__4 /
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
W_6 L,
4
S
0 0.005 0.01 0.02 Miles
REZ17-00012
114 E. Prentiss Street
F,
01 t
J, 4,
5x air t
IL
ry Roby Miller
mtiss Street k
r Multi -Family
Date
Sylvia Bochum.
i: Lily 2017
Proposed improvements:
- Landscape clean up
- Door facing street entrance
Additional green space for tenants
Clearly marked address
Repaint exterior
General clean up of entire property
H
O-71
��
v
rC
rn
�►
;v
Planning and Zoning Commission
July 20, 2017—Formal Meeting
Preliminary Page 6 of 9
Parsons moved to recommend the Commission forward to the City Council the following
statement: The Planning & Zoning Commission recommends cooperation between
Dubuque Street LLC (and successors), Idyllwild, the City and other property owners in
the Idyllwild watershed to address and resolve stormwater issues.
Theobald seconded the motion.
A vote was taken and the motion passed 7-0.
REZONING / DEVELOPMENT ITEM (REZ17-00012)•
Discussion of an application submitted by Roby Miller, is for a rezoning of approximately 2500
square feet from Planned High Density Multi -Family Residential (PRM) zone to Riverfront
Crossings Central Crossings Subdistrict (RFC -CS) zone for property located at 114 E. Prentiss
Street.
Bochner presented the Staff report noting the property is at the intersection of Clinton and
Prentiss Streets. It is currently zoned Planned High Density Multi -Family Residential and the
applicant proposed to rezone it to Riverfront Crossings Central Crossings Subdistrict. Bochner
showed images of the property, it is currently a two-story building that was built in 1961 and
used as an office building with four units of residential. In 1989, an Islamic Mosque acquired the
building and received a Special Exception to change the use of the property to Religious/Private
Group Assembly use but they stopped using the building and it has been vacant for some time.
The applicant has submitted a concept drawing of the proposed improvements. They would like
to convert the existing building into a duplex with one unit on each floor. They would also like to
remove pavement in the side yard and add landscaping to provide more open space for
residents, repaint the exterior, and modify the building so that the front entrance faces the street
and the address is clearly marked.
Bochner noted the proposed zoning, Riverfront Crossings Central Crossings Subdistrict is
intended for moderate intensity mixed use development in buildings with entries opening onto
pedestrian friendly streets. A duplex would be a permitted use in this zone. Because this is a
very small parcel, opportunities for redevelopment are very limited. The surrounding
neighborhood has a lot of apartments, including some that are new and developed to Riverfront
Crossings standards. As a multi -family dwelling this property would be compatible.
With regards to parking, Bochner noted in the building's prior use as office space the building
would have required six parking spaces (but was grandfathered in to not having to provide
those). When converted into a duplex it will require less than six spaces, and because the
proposed use would require fewer spaces than the current use, no additional parking spaces
would be required. Additionally the location is directly adjacent to the City's new parking facility,
future tenants would be able to purchase a permit to park in the facility if they have a car or use
on street parking.
Staff recommends approval of REZ17-00012 a proposal to rezone approximately 2500 square
feet of property located at 114 E Prentiss Street from Planned High Density Multi -Family
Residential (PRM) to Riverfront Crossings -Central Crossings (RFC -CX).
Tammy Kramer (Blank & McCune Real Estate Company) is working as the agent for the
Planning and Zoning Commission
July 20, 2017 - Formal Meeting
Preliminary Page 7 of 9
applicant, Roby Miller. Miller is a young entrepreneur and is very thoughtful and excited about
this project. He only wants to improve the community. He recently purchased a home in
Manville Heights he plans to do a total renovation of as well. Kramer believes this project will be
a great addition to the downtown setting.
Freerks closed the public hearing.
Signs moved to approve REZ17-00012 a proposal to rezone approximately 2500 square
feet of property located at 114 E Prentiss Street from Planned High Density Multi -Family
Residential (PRM) to Riverfront Crossings -Central Crossings (RFC -CX).
Parsons seconded the motion.
Freerks commented on how nice it was to see a renovation in this area and not a demolition.
Theobald noted that she feels this will integrate nicely with the new buildings in this area, it is
lovely.
Dyer asked about parking and that there is no parking provided on the lot. Yapp confirmed
there is currently no parking on the lot and there will be no parking on the lot after renovation.
There is pavement behind the building where people do park but it is not official parking spaces.
A vote was taken and the motion carried 7-0.
CONSIDERATION OF MEETING MINUTES: JULY 6 2017
Signs moved to approve the meeting minutes of July 6, 2017 with edits.
Parsons seconded the motion.
A vote was taken and the motion passed 7-0..
PLANNING AND ZONING INFORMATION:
Yapp noted they handed out a flyer, Opticos Design, the consultant who is doing the form -based
analysis for the South District and Northside District. The next presentation is Monday, July 24
at the public library. Yapp said they have largely completed their analysis and will be
presenting their draft conclusions and recommendations. They are still seeking feedback for the
next few weeks after this presentation.
Freerks asked how they plan to take these very different areas and make recommendations.
Yapp said it will be two separate sets of recommendations.
Dyer asked if the recommendations will be online to view. Yapp said the presentation will be
filmed by the cable TV and will be on Channel 4 and the recording can then be streamed
through the website. The PowerPoint of the presentation will be on the City's website.
Theobald asked about the old Menards building and the zoning. Is it zoned commercial and will
Kellie Fruehling
From:
Karen Howard
Sent:
Thursday, August 17, 2017 4:17 PM
To:
'Roby Miller'; Kellie Fruehling
Subject:
RE: 114 E Prentiss
Thanks, Roby. Kellie will make note of this in the next City Council agenda.
-Karen
From: Roby Miller [mailto:robymiller@gmail.com]
Sent: Thursday, August 17, 2017 3:57 PM
To: Kellie Fruehling
Cc: Karen Howard
Subject: 114 E Prentiss
Iowa City Council Members,
Thank you for approving the first step. I request expedited consideration of the rezoning of the property at 114
E. Prentiss Street to RFC -CX, so that I can proceed as quickly as possible with renovation and improvements to
the site.
Thank you,
Roby Miller
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ17-00013)
Ordinance No.
Ordinance rezoning approximately 0.20 acres of property from
Central Business Support (CB -5) to Central Business Support with a
Historic Preservation Overlay (CB -5 / OHP) zone located at 10 South
Gilbert Street. (REZ17-00013)
Whereas, the applicant, Jesse Allen, has requested a rezoning of property located at 10 South
Gilbert Street from Central Business Support (CB -5) to Central Business Support with a Historic
Preservation Overlay (CB -5 / OHP); and
Whereas, this structure was originally constructed in .1907 as the Unitarian -Universalist
Church, embodies a distinctive characteristics of Tudor -Revival architecture, and is historic in its
association with Eleanor Gordon and her pioneering impact on the Unitarian ministry; and
Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the
Downtown district; and
Whereas, the Historic Preservation Commission has reviewed the proposed Historic
Landmark designation, has found that it meets the criteria for landmark designation in its
significance to Iowa City history, integrity of location and design, and its distinctive architectural
characteristics, and has recommended approval; and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Downtown and Riverfront Crossings
Master Plan goal of protecting the historic character of the Downtown district, and has
recommended approval.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Historic Landmark Approval. Property described below is hereby reclassified from its
current zoning designation of Central Business Support (CB -5) zone to Central Business Support
with a Historic Preservation Overlay (CB -5 / OHP) zone:
N 110' Lot 4, Block 44, Original Town, Iowa City, Iowa
Section II. Zoning Map. The Building Inspector 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 by law.
Section III. Certification And Recording. Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the
same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all
as provided by law.
Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section V. Severabilitv. 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 unconstitutional.
Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of , 20_.
Ordinance No.
Page 2
Mayor
City Clerk
Approved by:
,ttcclu �f�v�
City Attorney's Office Yr i o 117
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 08/15/2017
Vote forpassage:AYES : Mims, Taylor, Thomas, Throgmorton,
Botchway, Cole. NAYS: None. ABSENT: Dickens
that the
"Second Consideration 09/05/2017
Voteforpassage: AYES:Mims,Taylor, Thomas, Throgmorton, Botchway
Cole, Dickens. NAYS: None ABSENT: None
Date published
r _
r�^.®�r CITY OF IOWA CIT 5b
'-`'���� MEMORANDUM
Date: August 3, 2017
To: Planning and Zoning Commission
From: Sylvia Bochner, Planning Intern
Re: Designation of 10 S. Gilbert Street as a Historic Landmark
Background: The applicant, Jesse Allen with Aspen Ventures, is requesting Historic Landmark
designation for 10 South Gilbert Street (former Unitarian Church), a property in a Central Business
Support (CB -5) zone. Designation of the property as a landmark will require Historic
Preservation Commission approval of any significant changes to the exterior of the building.
Landmark status will also make the adjacent property, which Aspen Ventures has an agreement
to acquire eligible for certain zoning incentives.
This building was originally constructed in 1907 as the Unitarian -Universalist Church. Following
Unitarian -Universalist beliefs, the church is built in a residential style and does not include
ecclesiastical exterior elements such as a steeple. The church was built in the Tudor -Revival
style and has retained a high level of historic integrity. The church served the congregation of
the Unitarian -Universalist Society of Iowa City until 2015, when they relocated to a larger facility
in Coralville.
Historic Preservation Commission Review: The Iowa City Historic Preservation Commission
will meet on July 31, 2017 and conduct a public hearing at which they will review and evaluate
the historic significance of 10 S. Gilbert Street. It is anticipated that the commission's
determination will be available for the August 3 Planning and Zoning Commission meeting.
The attached Iowa Site Inventory Form and photos provide evidence and a discussion of the
building's architecture and history. The building was constructed in 1907 and embodies the
distinctive characteristics of Tudor -Revival architecture from the early 20th Century. A circa1954
addition to the south of the original building was removed in 2016. This exposed the south wall
to public view. The building is also significant at the national level through its association with
Eleanor Gordon and her pioneering impact on Unitarian ministry and Unitarian church
architecture. She was instrumental in the acquisition of this property and the residential
aesthetic direction of the building.
As noted, designation of the property as an Iowa City Historic Landmark will require Historic
Preservation Commission approval of any significant changes to the exterior of the building.
Landmark status will also make the larger property eligible for zoning incentives and special
exceptions (Section 14-2B-8 of the zoning code) that allow the Board of Adjustment to waive or
modify certain zoning requirements to help support the continued use of historic buildings.
Planning and Zoning Commission Review: Landmark Designation is a zoning overlay and
therefore requires a recommendation from the Planning and Zoning Commission to the City
Page 2
Council. The Commission's role is to review the proposed designation based on its relation to
the Comprehensive Plan.
This property is located within the Downtown District of the Downtown and Riverfront Crossings
Master Plan. One of the objectives of this district is to protect its historic character and preserve
key historic buildings. The Unitarian -Universalist Church is identified as a key historic building in
the Downtown and Riverfront Crossings Master Plan. The Downtown and Riverfront Crossings
Master Plan indicates that density bonuses, waiver of parking requirements, and other incentives
may be appropriate to encourage preservation of historic buildings in the Downtown District.
Development of the property to the east, currently the City's parking lot, may receive a density
bonus in exchange for preservation of the Unitarian -Universalist Church.
The Historic Preservation Plan includes the goal of providing economic incentives to encourage
the preservation of historic buildings. Under this goal the plan contemplates exemptions for zoning
standards, such as parking requirements, to encourage the reuse of historic buildings. Landmark
designation of this property with a density bonus to the adjacent property would contribute to this
goal.
The landmark designation sought by the applicant conforms with the goals of the Comprehensive
Plan — preserving historic buildings in the downtown district while allowing higher density
development on adjacent properties.
Staff Recommendation: Staff recommends that REZ17-00013 an application to designate 10
S. Gilbert Street as an Iowa City Historic Landmark and rezone from CB -5 to CB-5/OHP
(Historic Preservation Overlay) be approved, subject to the determination of the Historic
Preservation Commission.
Attachments:
1. Location Map
2. Iowa Site Inventory Form
3. Photographs
4. Memo to the Historic Preservation Commission
Approved by: -7 All
Department of Neighborhood and Development Services
FqP
y�
o.
�i17y1�11'r _� �•
3r!
i~N r
`Z r
�w
z�
m
y iIo
T
F' • ,IA,� 's
PW
�
,•. '.�'='<-.a ®,� ,a Nom„ E,
P
co
e •
An application submitted by Jesse Allen a
to rezone 8,800 square feet of property
located at 10 S. Gilbert Street from
Central Business Support (CB -5) to
CB -5 - Historic Landmark
T
.,r
Zti �
m
C
FSHINGT
Z�[[�ON ST
CITY OF IOWA CITY
4b
CITY OF IOWA CITY
MEMORANDUM
Date: July 27, 2017
To: Historic Preservation Commission
From: Jessica Bristow, Historic Preservation Planner
Re: Local Landmark Designation for 10 South Gilbert Street- Former Unitarian -
Universalist Church
Applicant Jesse Allen, with Aspen Ventures, has requested that the property at 10 South Gilbert
Street, the former Unitarian -Universalist Church be designated as an Iowa City Historic
Landmark. Designation of the property as a Landmark will require Commission approval of any
significant changes to the exterior of the building. Landmark status will make the larger property
(Aspen Ventures has an agreement to purchase the adjacent City -owned property) property
eligible for certain zoning incentives.
The enclosed re -zoning application, Iowa Site Inventory Form, email from Ginalie Swaim to City
Council, and additional photos provide evidence and a discussion of the building's architecture
and history. The building was constructed in 1907 as the Unitarian -Universalist Church, their
third building in Iowa City. Following Unitarian -Universalist beliefs, the building resembles a
large residence rather than a church and does not include typical ecclesiastical exterior
elements such as a steeple. Built in the popular Tudor- Revival style, the building has retained a
high-level of historic integrity. A circa 1954 addition to the south of the original building was
removed in 2016. This exposed the south wall to public view.
As specified in Section 14-3B & C of the zoning code, to qualify for designation as a Landmark,
the subject property must meet approval criteria a. and b. and at least one of approval criteria c.,
d., e., or f.:
a. Significant to American and/or Iowa City history, architecture, archaeology and
culture;
b. Possesses integrity of location, design, setting, materials and workmanship;
c. Associated with events that have made a significant contribution to the broad
patterns of our history;
d. Associated with the lives of persons significant in our past;
e. Embodies the distinctive characteristics of a type, period, or method of construction;
or represents the work of a master; or possesses high artistic values; or represents a
significant and distinguishable entity whose components may lack individual
distinction;
f. Has yielded or may likely yield information important in prehistory or history.
The Unitarian -Universalist Church meets criterion a. in its significance to Iowa City's
architectural history. This church is the third location for the congregation in Iowa City and the
second church built on this lot. The original plan may have been an adaption of a plan from the
book Plans for Churches by Edwin J. Lewis Jr. and published in 1902 by the American Unitarian
Association. At this time, church architecture favored a Gothic revival style based on the English
July 27, 2017
Page 2
Gothic Perpendicular style with elements from the English Arts and Crafts, resulting in a style
similar to Tudor -revival. Originally located on the periphery of downtown and surrounded by
residential buildings, the Church appeared more like a large home in style than typical churches.
Under criterion a. it is also significant on a national level through its association with Eleanor
Gordon and her pioneering impact on Unitarian ministry and Unitarian church architecture.
While Gordon was the Iowa City Unitarian Minister prior to the construction of the church, she
was instrumental in the acquisition of the property and the residential aesthetic direction the
building took in the Tudor -revival Style. According to Professor Cynthia Grant Tucker, Gordon
agreed that there should be "homely touches" and spaces "arranged in the interest of family
togetherness and comfort" (see email to Council from Ginalie Swaim). Elements important to
Gordon were made manifest in the Church.
The Church meets criterion b. in its original location and the integrity of the design. The original
brick lower -level and stucco and half-timbered gable ends retain their original material. While
glass and storm windows have been changed in some locations, many of the windows retain
their original character. An entry addition, circa 1986, was sympathetically designed. With the
circa 1954 southern addition removed, the church retains its historic architectural character.
It is possible that additional research may show that the Church meets criterion d. because of
the relationship to Eleanor Gordon (mentioned above) and Benjamin and Bertha Shambaugh.
Gordon pioneered new ideas on Unitarian ministry and church architecture in the West and
Midwest. Benjamin and Bertha Shambaugh were members and archivists for the Church when
this building was built. Benjamin was the first Superintendent of the State Historical Society and
the founder of the University of Iowa's Department of Political Science. Bertha was the head of
the High School Biology Department and preeminent researcher and photographer of the
Amana Colonies.
The Unitarian -Universalist Church also meets criterion e. in that it embodies the distinctive
characteristics of Tudor -Revival architecture from the beginning of the 20`h Century. The off -
center T-shaped plan, or front -facing gable with side wing is a typical plan in the Tudor -Revival
style. The brick construction with segmental arched lintels over the windows and doors,
limestone capped buttresses, leaded glass with diamond-shaped panes, and stucco with
vertical half-timbering in the gables are all elements of the style. The English Arts and Crafts
influence can be seen most clearly in the triangular dormers which are an adaptation of the
eyebrow dormer. The building retains other significant details such as the projecting band
course in the brick at the level of the stone sills, dentil details at the band board under the
gables, and the parapeted gable on the east end.
Based on the information provided in the application, Site Inventory Form, and material provided
by Ginalie Swaim, staff finds that the property meets criteria a, b, and a and therefore qualifies
as a Iowa City Historic Landmark.
Recommended Motion:
Move to approve the designation of 10 South Gilbert Street (former Unitarian -Universalist
Church) as an Iowa City Historic Landmark based on criteria a, b, and e. for local designation.
Unitarian Universalist Church of Iowa City
10 S. Gilbert Street
Iowa City, IA 52240
Legal Description: IOWA CITY (ORIGINAL TOWN) N 110' LOT 4 BLK 44
_
-:ft`s
'�"
♦�
Property Location Map:
Applicant's Statement for Rezoning:
As a significant piece of Iowa City history, and a prime example of one of the flew remaining Tudor
Revival style buildings left in the city, designation of the Unitarian Church building at 10 South
Gilbert Street to an historic landmark seems highly appropriate.
Built in 1907, the church served the congregation of the Unitarian Universalist Society of Iowa City
from 1907 to 2015 when the congregation made plans to relocate to a larger building in Coralville.
The architectural drawings for the building were adapted from the book, Plans for Churches, by
Boston architect Edwin J. Lewis Jr. The plans in the book were made to be adaptable to different
congregation sizes and the book was published by the American Unitarian Association in 1902 and
served as a model for numerous churches across the country at that time. In an article written by
Susan Eberly for the church's Historical Records Committee, she notes that "the Iowa City
Congregation opted for a larger footprint; it's also clear that it employed more luxurious building
materials than what was call for the basic plan" and while many aspects of the building follow the
plans from Lewis Jr, Eberly notes that "the false buttresses are rare, and the small roof windows
are, as far as I know, unique to the Iowa City church.
The Tudor Revival style employed by the architecture is characterized by the era when it was built,
and mainly exterior architectural features. Tudor Revival style was popular during the early 2V
century, and specifically the 1920's and 1930's in American residential architecture. Architectural
elements most strongly linked to this style are half-timbering of beams on wall surfaces, typically
infilled with painted stucco, narrow multi -pane windows, and multi -gabled roof structures.
Decorative chimneys were also common. Tudor revival buildings very commonly incorporate
masonry or masonry -veneered construction, stucco, half-timbered wood, and ornamental
stonework.
The Iowa City congregation set out to build a church that felt more like a house than a place of
worship. This was to fall in line with Unitarian tradition of not expressing ecclesiastical symbolism,
but also to blend in to the residential neighborhood which it sat. This was very much in line with
the architectural style, predominately used for homes rather than places of worship or other
public functions.
The building anchors itself along Gilbert as one of the last non-residential buildings on the East
side of downtown that has both local historical significance and architectural significance. Aside
from it's unique aesthetics, the building has seen many Important Iowan's come through it's door,
including Benjamin and Bertha Shambaugh, both members at the time the church was built and
archivists for the Church. Benjamin's significance was built through his involvement with the Iowa
State Historical Society as the first Superintendent of the organization, as well as the founder of
the University of Iowa's Department of Political Science. Bertha Shambaugh also made her mark
in the Iowa City area, not only with her involvement in the church, but as the head of the Iowa City
High School's biology department, and later as the preeminent researcher and photographer of
the Amana Colonies, a little known culture at the time.
Preservation of this local history is contingent upon rezoning this property to an Historic
Landmark. The continued appreciation of the story and local character of the building are
extremely important to Iowa City's story. Rezoning to CB -5 Historic Landmark, will ensure this
history is preserved for future generations to come.
As part of the Development Agreement with the City of Iowa City and the Developer of the
property, this property is required to be rezoned to Historic Landmark status in order to receive
any building permits for the adjacent property. The adjacent development has made an
agreement to preserve the church, and failure to rezone would make the adjacent development
legally impossible putting the church in jeopardy of being demolished for future development.
C1
v
S
Site Inventory Porm State Inventory No. 62-01739 ❑ New ® Supplemental
State Historical Society of Iowa ❑ Part of a district with known boundaries (enter inventory no.)
(December 7, 1999) [IConntributes to a potential ntial istrict with Contributiyet et unknown boundaries
National Register Status:(any that apply) LJ Listed ❑ De -listed ❑ NHL ❑ DOE
9 -Digit SHPO Review & Compliance Number
❑ Non -Extant (enter year)
1. Name of Property
historic name Unitarian -Universalist Church
other namestsite number
2. ocatron
street & number 10 South Gilbert Street
city or town Iowa Cit ❑ vicinity, county Johnson
Legal Description: (If Rural)Township Name Township No. Range No. Section Quarter of Quarter
(If Urban) Subdivision brioinal Town Block(s) 44 Lot(s) N 110' lot 4
3. State/Federal Agency Certification [Skip this Section]
4. National Park Service Certification [Skip this Section]
5. Classification
Category of Property (Check only one box) Number of Resources within Pro ert
9 building(s) it Nan -Eligible Property if Eligi leProperty, enter number of
❑ distad Enter umberof Contributin oncontnbutin
❑ site 1 buildings _ _ buildings
❑ structure _ sites _ _ sites
❑ object _ structures _ _ structures
objects _ _ objects
1 Total _ _ Total
Name of related project report or multiple property study (Enter ON/K If the property Is not part of a muftlple property examination).
Me Mdor&el Archifedural Date Base !dumber
to City Central Business District Studv 52-040
5. Function or Use
Historic Functions (Enter categories from Instructions) Current Functions (Enter categories from Instructions)
OSA01 RELIGION/Church 06A01 RELIGION/Church
O6D LATE 19th & EARLY 20th CENTURY REVIVALS/
Tudor Revival
Narrative
SEE CONTINUATION
foundation 10 CONCRETE
walls 09 BRICK & 06 STUCCO
roof 08A ASPHALT/Shinole
other
WHICH MUST BE COMPLETED)
Yes wNo ❑ More Research Recommended A Property is associated with significant events.
Yes ® No ❑ More Research Recommended B Property is associated with the lives of significant persons.
Yes R No ❑ More Research Recommended C Property has distinctive architectural characteristics.
Yes JR No ❑ More Research Recommended D Property yields significant information in archaeology or history.
County Johnson Address 10 South Gilbert Street Site Number 62-01739
City Iowa Cit District Number
Criteria Conciderations
0 A Owned by a religious institution or used E A reconstructed building, object, or structure.
for religious purposes. F A commemorative property.
❑ B Removed from Its original location. ❑ G Less than 50 years of age or achieved significance within the past
❑ C A birthplace or grave. 50 years.
❑ D A cemetery
Areas of Significance (Enter categories from instructions)
27M RELIGION/Other Protestant
Significant Dates
Construction date
1907 ® check If circa or estimated date
Other dates
Significant Person ArchitecUSuilder
(Complete if Natlonai Register Criterion B is marked above) Architect
unknown
Builder
_
unknown
Narrative Statement of Significance (® SEE CONTINUATION SHEETS, WHICH MUST BE
9. Major Bibliographical References
Bibliography 19 see continuation sheet for citations of the books, articles, and other sources used in preparing this form
10. Geooraohic Data
11. Form Prepared By
name/title Marius A. Svendsen
organization Svendsen Tyler. Inc. date 91 000
street & number N3834 Deal) Lake Road telephone 715/469-3300
city or town Sarong state VJ zip code 54870
ADDITIONAL DOCUMENTATION (submit the following Items with the completed form)
1. Map: showing the property's location in a town/city or township.
2. Site plan: showing position of buildings and structures on the site in relation to public road(s).
3. Photographs: representative black and white photos. If the photos are taken as part of a survey for which the Society Is to be
curator of the negatives or color slides, a photo/catalog sheet needs to be Included with the negatives/slides and the following
needs to be provided below on this particular inventory site:
RolVsride sheet # 95422 Framelslot # 24 Date Taken 10/29/99
Roll/slide sheet # Framelslot # _ Date Taken
Roll/slide sheet # Frame/slot # Date Taken
BSee continuation sheet or attached photo 6 slide catalog sheet for list of photo roll or slide entries.
Photosfillustrations without negatives are also in this site Inventory file.
FOR CERTAIN KINDS OF PROPERTIES, INCLUDE THE FOLLOWING AS WELL
1. Farmstead d District: (Dst of structures and buildings, known or estimated year buil!, and contributing or noncontributing status)
2. Barn:
a. A sketch of the framettruss configuration in the form of drawing atypical middle bent of the barn.
b. A photograph of the loft showing the frame configuration along one side.
c. A sketch floor plan of the Interior space arrangements along with the barn's exterior dimensions in feet.
Iowa Department of Cultural Affairs
State Historical Society of Iowa Site Number 52-01739
Iowa Site Inventory Form Related District Number
Continuation Sheet
City
7. Narrative Descriotio
This 1 %-story brick building was constructed In 1907 replacing an earlier 1 -story brick building originally
constructed as the United Presbyterian Church sometime prior to 1883 at this site. The current building was
constructed on this comer lot with dwellings to the south and east. In ca. 1954 a 3 -story office and classroom
wing was added on the south side of the church.
This building is designed In the Tudor Revival We more closely resembling the scale and form of a large
residence than a church. The original building had an irregular T-shaped plan with an Intersecting gable roof and
a raised basement. The long side parallels Iowa Avenue with a pair of contiguous gabled entrance porticos facing
the avenue at the west end of the north facade. The original entrance doors were at the top of a series of steps.
This arrangement has been replaced with a grade level entrance through the same opening. The lower level is
constructed of a dark brown colored brick and the gable peaks are Gad In stucco with vertical halt timbering.
Triangular dormer windows puncture the long roof slopes in order to Introduce additional light into the sanctuary.
Window openings are set on stone sills with flat wood lintels or segmental brick arches. The openings include
groups of narrow, fixed sash including triple windows set between the brick and stone buttresses.
The south fagade is connected to a 3 -story brick and reinforced concrete wing by a 1 -story enclosed walkway that
forms a small courtyard between the addition and the original church block The wing has a low-pitched gable
roof with the gable end facing Gilbert Street. The original portion of the Unitarian Church complex measures 65'
(north and south) and 80' (east and west). In keeping with modem Unitadan-Univefsalist beliefs, the building has
not strong ecclesiastical symbolism Incorporated in the design and no steeple to readily Identify this building as a
church. Once surrounded by dwellings, the building is now surrounded by parking lots.
8. Statement of Sionificance
This building is a well-preserved example of the adaptation of the Tudor Revival style for a residential scale
church building. Its simple, non -ecclesiastical appearance reflects the beliefs of its members. Though the office
wing detracts from the building's original scale, the building remains sufficiently Intact to be Individually eligible for
the National Register under Criteria C. it would also be eligible as a contributing structure to a historic district or
conservation district.
The Unitarian -Universalist Church is located along Iowa Avenue four blocks east of Old Capitol, a National
Historic Landmark, and the Pentacrest, a National Register historic district. As originally laid out, Iowa Avenue
provided a wide corridor extending to the east from Capitol Square and the Iowa Territorial Capitol. Its 120' width
made Iowa Avenue the widest thoroughfare in the Original Town Plat. In later years after Capitol Square became
part of the campus of the State University of Iowa, the campus was extended along the north side of Iowa
Avenue.
This was the third building occupied by the Unitarian -Universalist Society in Iowa City. The first was a small brick
building facing Dubuque Street at the southeast comer of East Iowa Avenue. This site had been one of four
quarter -block church reserves set aside in the Original Town Plat. The Universalist Church organized In 1841
erected this building and occupied it until fire claimed the building in 1868. The congregation built a new larger
church at the northeast comer of Iowa Avenue and North Clinton Street. In 1878 the Universalists agreed to
make their building available to the American Unitarian Association so long as regular services were sustained.
In 1908 the State University of Iowa acquired the Universalist-Unfterlan Church building renaming it 'Unity Hall!
Property Transfer Records show the lot containing the current church being acquired by the First Unitarian
Society of Iowa City in 1907 through a sheriffs deed. The building on the site at that time had originally been bulk
to house the United Presbyterian congregation but had been vacated by 1888. it had subsequently been used as
a warehouse, paintshop and a galvanized iron tank factory. In 1907 Rev. R. S. Loring of Bost on was employed
to head the Unitarians In Iowa City. Construction of their new church building began soon after acquiring the lot
The Uniterian-Universaitst Society of Iowa City took ownership from the First Unitarian Society in 1968.
Iowa 0epanment of Cultural Affairs
State Historical Society of Iowa Site Number 52-01798
Iowa Site Inventory form Related District Number
Continuation Sheet
Page 2.
9. MaiorfliblionranhicReferences
Iowa City city directories.
Property Transfer Records, Johnson County Auditor's Office,
Tax Assessor's Records, City of Iowa City Assessor.
Summary Sheet, 10 South Gilbert, Urban Revitalization Act Study Area Survey,1981.
Sanborn maps, 1874, 1879, 1888, 1892, 1899, 1908,1912, 1920,1928, 1933, and 1933 updated to 1970.
Aumer, Charles Ray. lows History, Vol 2. Cedar Rapids: Wastem Historical
Press, 1912, pi -
Additional 06cumenta'
Plat Map:
.—W
I
I
0
Julie dopa tate Handouts Distributed
From: Ginalie Swaim <ginalieswaim@me.com>
Sent: Tuesday, January 31, 2017 1:45 PM —J Ili Jr -7
To: Council
Subject: Why the Unitarian Church is Historically Significant (Date)
City Council: I apologize for this very late correspondence. I just realized that I would not be able to address the council because it is a
work session.
Thank you for your careful consideration of the Allen project and the future of the Unitarian Universalist Church. I greatly appreciate
the extra time and effort that city staff and Mr. Allen have poured into revising this project into Plans B, C, and D.
And I applaud everyone for prioritizing the preservation of the church building, which the Historic Preservation Commission has urged
since March 2015.
The Unitarian Universalist church building is historically significant, on a local and national level, because of its association
with Eleanor Gordon, one of about twenty female Unitarian ministers between 1880 and 1930 who pioneered new ideas in
Unitarian ministry and church architecture in the West and Midwest.
According to Professor Cynthia Grant Tucker, the Iowa City church was one of several churches associated with this "clerical
sisterhood," who "viewed their sacred space from a woman's perspective," and rejected imposing and inspiring Gothic church
architecture more often seen in the East.
i59h
Eleanor Gordon was the Iowa City Unitarian minister from 1W to 1900, before the new church was built. But in her later position as
Iowa's Unitarian Association field director, she helped acquire the property at the corner of Iowa and Gilbert, helped place in the
pulpit someone whose believe in a simpler church architecture echoed hers, and closely supervised the building of the church in 1907-
1908.
According to Tucker, Gordon was "hardly prepared to let just any sort of building be put up" on the lot.
For the Iowa City church, Tucker tells us, Gordon and the new minister agreed that "there should not be a steeple, and homely
touches ark open beams against white walls, fireplaces upstairs and down, and leaded window panes with amber glass—should take
the place of ecclesiastical ornament. They also agreed that the church, which required a seating capacity of some three hundred, should
be built as economically as possible.... [And] that, even where there was a man in the pulpit, the church was a place where women
worked, too. There would have to be space for a 'good sized kitchen' and ample areas for socializing, guild rooms, parlors, and
fireplaces, all arranged in the interest of family togetherness and comfort."
This simple building, which has been part of a busy downtown sueetscape for more than a century, manifests an exciting and
important chapter in the history of women, architecture, and religion. Itshould continue to be part of our community and I ask that your
vote tonight ensures that.
Sincerely,
Ginalie Swaim
Chair, Iowa City Historic Preservation Commission
10 South Gilbert Street
Former Unitarian -Universalist Church
Northwest Corner Facade
South Facade
10 South Gilbert Street
Former Unitarian -Universalist Church
Interior at time of 1907/08 construction. [Photo credit: Iowa State Historical Society.]
Current interior looking east
10 South Gilbert Street
Former Unitarian -Universalist Church
Interior looking north
Interior looking southwest
10 South Gilbert Street
Former Unitarian -Universalist Church
Interior basement stage area
Planning and Zoning Commission
August 3, 2017 — Formal Meeting
Page 10 of 15
Martin agreed with Signs and added that once zoning is changed to be commercial, no one can
really dictate what goes on that property as long as it falls into those confines. There has been
so much thought by Staff and the Community on the Comprehensive Plan and these issues are
not taken lightly and a lot of thought go into them. Martin feels there would need to be some
very compelling argument as what would happen to this area with a commercial zone, what the
benefit would be, is it for the good of Iowa City.
Dyer stated there is very little close -in property on the west side that can be developed for
residential and to give it up is something she feels they are not prepared to do at this time.
There are large multi -family developments in that neighborhood and this parcel has managed to
stay relatively undeveloped and should be kept residential.
Parsons agrees that he just doesn't see enough of an argument to make a change to a
Comprehensive Plan.
A vote was taken and the motion was denied 6-0.
__> REZONING ITEM 1REZ17-000131:
Discussion of an application submitted by Jesse Allen with Aspen Ventures, for a rezoning of
approximately .20 acres from Central Business Support (CB -5) zone to Central Business
Support with a Historic Preservation Overlay (CB -5 / OHP) zone located at 10 South Gilbert
Street.
Bochner presented the Staff report, noting that the property is located at the corner of Gilbert
Street and Iowa Avenue and is the former Unitarian -Universalist Church. The zoning is
currently Central Business Support (CB -5) and the applicant, Jesse Allen, has applied for
Historic Landmark Designation for this building. Designation of the property as a landmark will
require Historic Preservation Commission approval of any significant changes to the exterior of
the building. It also makes the property eligible for some zoning incentives.
Landmark Designation is a zoning overlay and therefore requires a recommendation from the
Planning and Zoning Commission to City Council. The Commission's role is to review the
proposed designation based on its relation to the Comprehensive Plan. On July 31 the Historic
Preservation Commission reviewed the significance of this property and they found that the
property met the criteria for Landmark Designation based on its significance to Iowa City, its
integrity of location and design, and its distinctive architectural characteristics. The Unitarian
Church was built in 1907 and it is a Tudor -Revival style. Following Unitarian -Universalist beliefs,
the church is built in a residential style and does not include ecclesiastical exterior elements
such as a steeple. A circa1954 addition to the south of the original building was removed in
2016 and the historic part of the building has retained a high level of historic integrity. Bochner
showed a couple of photos of the building.
This property is located within the Downtown District of the Downtown and Riverfront Crossings
Master Plan. One of the objectives of this district is to protect its historic character and preserve
historic buildings. The Downtown and Riverfront Crossings Master Plan indicates that density
bonuses, waiver of parking requirements, and other incentives may be appropriate to encourage
preservation of historic buildings in the Downtown District. Development of the property to the
east, currently the City's parking lot, may receive a density bonus in exchange for preservation
Planning and Zoning Commission
August 3, 2017 — Formal Meeting
Page 11 of 15
of the Unitarian -Universalist Church.
Staff recommends that REZ17-00013 an application to designate 10 Gilbert Street as an Iowa
City Historic Landmark and rezone from CB -5 to CB-5/OHP (Historic Preservation Overlay) be
approved.
Parsons asked if the Historic Preservation Committee approved this at their meeting and Miklo
confirmed that they had.
Freerks opened the public hearing
Ginalie Swaim (1024 Woodlawn Ave) is the chair of the Iowa City Historic Preservation
Committee and they did vote unanimously for the overlay zone and landmark designation. She
added they wished to thank Jessie Allen, City Staff, and City governing bodies for carefully
working over many months to find a solution to a problem that is becoming common. What to
do when a congregation outgrows their historic building downtown. She feels this is an
opportunity and an ability to take pride in this downtown church building at 10 South Gilbert
Street. It does not look like a typical church but that is actually its significance. Cynthia Grant
Tucker, a professor in Tennessee, has studied this church and has identified a clerical
sisterhood of Unitarian -Universalist women ministers including Eleanor Gordon from Iowa City
who championed viewing a sacred space from a women's perspective. They wanted
economical buildings, buildings that were not ecclesiastical looking or hierarchical and that
would symbolize and support women's work in the Church. This includes women's work in
church kitchens, guild groups, planning and organizational administrative positions, and deacon
and the pulpit as well. Swain reiterated that Iowa City is very fortunate to have this real gem in
our city, it is a small building but with a big story and is grateful for everyone trying to preserve it.
Kristin Wildensee (1710 Ridge Road) has been a member of the Unitarian -Universalist
congregation since the very early 1970's. Her family has always been very involved in this
Unitarian congregation and her parents have a history of leadership and committee work in the
Unitarian -Universalist society. The congregation has left this building at 10 South Gilbert Street
and is nearing completion on the new congregation building in Coralville. It will be the greenest
church in Iowa with many many sustainability features incorporated. She wanted to speak
today about the historic character of the building and is thankful there is support to preserve
historic buildings in Iowa City.
Alicia Trimble (Friends of Historic Preservation) added that some of the earliest settlers in Iowa
City were actually Unitarians, which was rare back then, and may be a reason Iowa City has
been forward thinking. As Swaim stated there is a long history of women ministers in this
Church, some who were the first in the United States, and this Church also architecturally
represents a change in Unitarian thought (and other religious thought) or moving from a top-
down hierarchy to more of a community setting. This building represents that, it looks like a
house and not a church and people began to meet on an equal basis here. This entire
development showed great work between the City, developer, the Church, the community and
the result will save a historic building and build a great development.
Freerks closed the public hearing.
Hensch moved to recommend approval of REZ17-00013 an application submitted by
Jesse Allen with Aspen Ventures, for a rezoning of approximately .20 acres from Central
Business Support (CB -5) zone to Central Business Support with a Historic Preservation
Overlay (CB -5 f OHP) zone located at 10 South Gilbert Street.
Planning and Zoning Commission
August 3, 2017 — Formal Meeting
Page 12 of 15
Martin seconded the motion.
Hensch stated that he has long admired this building and appreciates learning more about its
history.
Parson noted that last year when the application came through to develop the land around this
building had two options, be designated historical or be demolished. He is glad to see the
historical designation come to fruition.
Signs and Freerks both comment on the cooperative process to make this development and
historical designation happen.
Dyer voiced her disappointment at the scale of the building being constructed in the new
development. She added she was involved in a feminist reunion at this church a few weeks ago
and learned that the Unitarian Church was the only place women could gather to dance in the
70's.
A vote was taken and the motion passed 6-0.
DEVELOPMENT ITEM (SUB17-00013):
Discussion of an application submitted by Steve Kohli Construction, LC for a preliminary plat of
Brookwood Pointe Fifth Addition, a 4.92 -acre, 18 -lot residential subdivision located on Terrapin
Drive and Covered Wagon Drive.
Miklo stated this is the final addition of the Brookwood Pointe subdivision and was initially
approved in 2005. Since then parts 1-4 have been final platted and are mostly developed with
single family dwellings. There are a few vacant lots remaining in part 4. The preliminary plat for
Brookwood Pointe Fifth Addition, has expired (preliminary plats expire after 24 months unless
the applicant seeks an extension from the City Council). The expiration provision is in the
subdivision regulations to help assure that subdivisions comply with any significant changes to
City policies or regulations. In this particular case there have been no significant changes to the
zoning or subdivision regulations that would affect the design of this subdivision.
The subdivision would include the extension of Terrapin Drive and Covered Wagon Drive to
eventually connect to Sandhill Estates. The preliminary plat is the same as the original
submitted and approved in 2005, there may be a few lots that need special attention due to
Hydric Soils and drainage (and that may also apply to the streets) but there are no other
sensitive areas on the property. There is a stormwater basin in Part 1 that was designed to
handle stormwater for the entire subdivision. There are some infrastructure fees that will need
to be paid to the City before a building permit is issued, however the neighborhood open space
fees were paid with the initial subdivision fees.
Staff recommends approval of SUB17-00013, the preliminary plat of Brookwood Pointe Fifth
Additions, an 18 -lot, 4.92 -acre residential subdivision located on Terrapin Drive and Covered
Wagon Drive.
Freerks opened the public discussion.
Grant Finch (VJ Engineering) came forward on behalf of Steve Kohli Construction to answer any
questions the Commission might have.
MINUTES PRELIMINARY
HISTORIC PRESERVATION COMMISSION
JULY 31, 2017
EMMA HARVAT HALL
MEMBERS PRESENT: Thomas Agran, Esther Baker, Gosia Clore, Sharon DeGraw, G. T.
Karr, Pam Michaud, Ginalie Swaim
MEMBERS ABSENT: Kevin Boyd, Zach Builta, Cecil Kuenzli, Frank Wagner
STAFF PRESENT: Jessica Bristow, Bob Miklo
OTHERS PRESENT: Philip Beck, Thomas Berry-Stoelzle, Nick Lindsley, Alicia Trimble
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:30 p.m.
Swaim thanked the Commission for coming to this extra meeting. She welcomed the newest
member, G.T. Karr.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
PUBLIC HEARING - DISCUSS LANDMARK DESIGNATION FOR 10 SOUTH GILBERT
STREET (FORMER UNITARIAN UNIVERSALIST CHURCH):
Bristow referred to the discussion in the staff report. She said there is also an applicant
statement, a site inventory form, an e-mail sent by Swaim to the City Council, and a few
additional photographs.
Bristow said that in order to qualify as a local landmark, the subject property must meet
approval in criteria A, B, and either C, D, E, or F. She said that A refers to significance in
American and/or Iowa City, architectural, archaeology, and culture; and B: possesses integrity
of location, design, setting, materials, and workmanship.
Bristow said this property is the former Unitarian Universalist Church at 10 South Gilbert Street.
She stated that the church was built in 1907 as a Tudor revival in kind of a more residential -style
church architecture that was popular with the Unitarian Universalists after the turn of the
century.
Bristow showed the northwest view of the church. She said there is an extension that was built
at the front entry to be church around 1986 that is very sympathetic to the original entry.
Bristow said the windows match the existing windows and the detail at the eave is a little bit
more simplified than the original but otherwise fits in well.
Bristow showed the south view and showed where there was an extension that may have been
built around 1954 and had a courtyard area between the church and the addition. She pointed
out that it has been removed so that one can see the original architecture. Bristow said there
are buttresses with stone caps, stone lintels, segmental arches above the windows, and the
HISTORIC PRESERVATION COMMISSION
July 31, 2017
Page 2 of 7
triangular dormers which are a play on the eyebrow dormer that was popular in the English arts
and crafts that is one of the influences for this Tudor revival style.
Bristow showed the west side, pointing out the original church and the addition. She showed an
interior photograph around the time of the completion of the church. Bristow showed current
photographs with the view from the sanctuary space. She showed where there is a basement
stage area.
Bristow presented the two images showing that both areas have a fireplace in them. She said
that in Swaim's e-mail, Swaim discusses Eleanor Gordon and her importance to the Unitarian
Universalists here in Iowa City and to the development of their style of church architecture in the
West and Midwest. Bristow said that style involved many kinds of home -like touches. She said
that the two fireplaces are examples of that type of residential -style architecture, making up a
kind of home -like place.
Bristow showed photos of the rest of the basement and a stage area. She showed the view
from the sanctuary space and showed the northwest corner.
Bristow said that staff finds that the church meets criterion A by virtue of the fact that it is a a
good example of Tudor revival architecture that is important to Iowa City and important to this
area. She stated that when it was built it would have been surrounded by homes and other
residential architecture. Bristow said it is important to the Unitarian Universalists because of the
fact that it was part of a movement toward more residential style architecture.
Bristow said that the previous church was across from Iowa Book and Supply on Iowa Avenue,
and it was taken down sometime in the mid 1900s. She said it was much more Gothic, with a
really large tower and spire. Bristow said this new church was a departure from the old
ecclesiastic architecture with the spire and these kinds of elements. She said that criterion A is
met, because of the church's importance along these lines.
With regard to criterion B, Bristow said that this is a building where the biggest addition has
been removed. She said that a scar can be seen on the south side where it was, but one can
still see the original architecture, and the other addition has blended in very well with the original
design. Bristow said that the integrity of style here is very clear.
Bristow said that research has been done on this property and on Eleanor Gordon by Professor
Cynthia Tucker. Bristow said she thinks there is a possibility, with more research, that the
church could actually meet criterion D, associated with lives of persons significant in our past.
She said that is kind of a high threshold to meet, as it has to be a person who is very significant
to our history or culture. Bristow said staff believes it might be possible with further research.
Bristow said staff definitely feels that this building meets the requirements of criterion E: high
artistic value, showing the methods of construction, and the integrity of architecture. She said
this is something that really stands out as evident of the historic architecture that is seen in this
building.
Bristow said staff finds that this meets both criteria A and B, as required, and criterion E as well.
She said staff recommends that the Commission consider this as a local Iowa City landmark.
Swaim explained the procedures for the public hearing.
HISTORIC PRESERVATION COMMISSION
July 31, 2017
Page 3 of 7
Lindsley said he works for Neumann Monson Architects and was at the meeting to represent
Jesse Allen. Lindsley said his company is very excited at the opportunity to save this building.
He said the building is very important to the history of Iowa City and is an integral part of how
the development agreement for this building works.
Lindsley said that in order for this to pass City Council, the building needs to be saved with
historic landmark status. He said that was part of the basic agreement on which the City
Council has voted. Lindsley said that to get the whole TIF agreement to go through, along with
the rezoning and development of this property, they need to make sure this is preserved. He
said that if this building is not preserved, the project may not move forward, and it puts the
building in jeopardy as well.
Beck said that he is a member of the Unitarian Universalist Society, although he was not at the
meeting to represent the group but was speaking only for himself. He said that this church is
very, very important. Beck said the church is important historically to Iowa City for all the
reasons outlined by Bristow, and he urged the Commission to grant historic landmark status to
the church. He said the church is a beautiful part of old downtown Iowa City that should be
preserved, along with all the new that is going up.
Trimble said she represents Friends of Historic Preservation. She stated that this church is very
significant as part of a larger movement in Iowa City. Trimble said that some of the first settlers
in Iowa City were Unitarians, which was unusual at the time, but may be a reason why Iowa City
has always been a forward -thinking and progressive community.
Trimble said that along with that, this church hosted some of the first women pastors in the
country. She said it has also been a place for community meetings in the past.
Trimble said the architecture of the church represents the time when the Unitarian Universalists
really decided that they were going to be more of a community than a church. She said that is
why this looks like a house. Trimble said the architecture of this particular building reflects the
fact that the Unitarians meet on an equal basis.
Trimble said that a lot of people worked really hard on the actual development. She said it is
one of those unique opportunities in which everybody wins. Trimble said that in this case, a
historic church will be saved, the parking lot will become apartments and townhouses, and
affordable housing, although not on this site, will become available. She said that this project
represents a lot of good things that have happened because of people taking the time to listen
and because of the developer being so open and receptive to different ideas.
MOTION: Agran moved to approve the designation of 10 South Gilbert Street, the former
Unitarian Universalist Church, as an Iowa City Historic Landmark based on criteria a, b,
and a for local designation. Michaud seconded the motion.
Baker said it is clear that the Commission members agree with the comments from the public
that this is a very worthwhile project.
Michaud said that as far as significant contributions to broad patterns of our history, Unitarians
have been very active, probably from the very beginning at this location if not from 1849 when
their first church was downtown. She said the Unitarians have always promoted liberal thought
and movement at least as far back as Suffrage for women, World War ll, civil rights, GLBTQ,
and immigrant rights. Michaud said they have been active in all of those things.
HISTORIC PRESERVATION COMMISSION
July 31, 2017
Page 4 of 7
Swaim said she is very pleased that this is making its way along to clearly being preserved.
She said the Commission has been urging this since early 2015 if not before. Swaim said the
Commission is grateful that the developer and the City have come together to try to preserve
this building, and it looks like it will be happening.
Swaim said it is also important that this be saved, because downtown churches in any
community are often threatened by a congregation that wants a larger space, both interior and
exterior. She said this is an example of a community coming together and saving a downtown
church, even though the congregation has outgrown it. Swaim said she is glad the building will
continue to be a part of the community.
The motion carried on a vote of 7-0 (Boyd, Builta, Kuenzli, and Wagner absent).
Miklo said this item will come before the Planning and Zoning Commission on Thursday at 7
p. M.
CERTIFICATE OF APPROPRIATENESS:
503 Melrose Avenue
Bristow said this is a local and National Register landmark property. She said it is the A.W.
Pratt House.
Bristow stated that the house is basically Italianate. She showed the original house and a pre -
1907 addition. Bristow said there is a one-story addition on the side, and in the back there is a
sun room and exterior staircase leading from an upper porch to the ground. She said the
columns have been replaced, but this is not the original porch. Bristow said there was an
earlier, smaller porch on the house before the early addition was put on.
Bristow stated that this application is to remove two windows in the basement of the early
addition. She showed the location of the windows, saying that they have a flat lintel. Bristow
said the area is only partially excavated, as it is kind of a crawl space with a dirt floor under the
addition. She said there is a full basement under the original part of the house.
Bristow said that because of some grading issues that can be partially but not fully changed and
the heavy infiltration of water coming in where the windows are, the applicant is requesting to
remove those two windows and replace them with brick. She said there is brick on the site that
matches other brick on the house, and it would be recessed just slightly so that the location of
those windows would always show.
Bristow showed a photograph of the flat lintel. She also showed another one and said that it is
an example of one of the lintels on the back of the original part of the house that has segmental
arches. Bristow said that the two in the addition do not. She said this therefore is not the
removal of something that works in the same language as the original house, it will not be very
visible, there is matching brick available, there is a water problem, and there is not access to
this part of the house from the inside. Bristow said staff finds it acceptable to remove the
windows on the front part of the addition and recommends approval.
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ17-00009)
Ordinance No.
An ordinance conditionally rezoning approximately 21.77 acres of
property located north of Rohret Road and west of Lake Shore
Drive, from Rural Residential, RRA (4.16 acres) and Interim
Development Single -Family Residential, ID -RS (17.61 acres) to Low -
Density Single -Family Residential, RS -5, zone. (REZ17-00009)
Whereas, the applicant, Watts Group Construction, has requested a rezoning of property located north of
Rohret Road and west of Lake Shore Drive from Rural Residential, RR -1 (4.16 acres) and Interim
Development Single -Family Residential, ID -RS (17.61 acres) to Low -Density Single -Family Residential, RS-
5,zone;and
Whereas, the Comprehensive Plan indicates that this area is appropriate for single-family and duplex
residential development; and
Whereas, the Low -Density Single -Family (RS -5) Zone would allow a maximum of 5 dwelling units per
acre, which is within the range indicated by the Comprehensive Plan; and
Whereas, the Planning and Zoning Commission has the reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the
need for water pressure analysis and improvements to Rohret Road ; and
Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable
conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public
needs caused by the requested change; and
Whereas, the owner and applicant have agreed that the property shall be developed in accordance with
the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate
development in this area of the city.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated
herein, property described below is hereby reclassified from its current zoning designations of Rural
Residential (RR -1) and Interim Development Single Family Residential (ID -RS) to Low -Density Single -Family
Residential (RS -5):
(Rezone from ID -RS to RS -5)
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE S89048'18"E, ALONG THE
NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15
FEET; THENCE S21°52'26"E, 158.18 FEET; THENCE NORTHEASTERLY, 318.76 FEET, ALONG AN
ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 318.30 FOOT
CHORD BEARS N62°49'01"E, TO A POINT ON SAID NORTH LINE; THENCE S89047'31"E, ALONG
SAID NORTH LINE, 346.07 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S89°47'31"E,
ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-
QUARTER OF SAID SECTION 24, A DISTANCE OF 78.00 FEET, TO A POINT ON THE SOUTHERLY
Ordinance No.
Page 2
LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN ACCORDANCE WITH
THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S29°33'01"E, ALONG SAID SOUTHERLY LINE,
133.10 FEET, TO THE SOUTHERN MOST CORNER THEREOF, AND A POINT ON THE CENTERLINE
OF ROHRET ROAD SW; THENCE S59056'46"W, ALONG SAID CENTERLINE, 111.34 FEET; THENCE
S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE S59°44'45"W, ALONG SAID
CENTERLINE, 653.90 FEET, TO A POINT ON THE EAST LINE OF SLOTHOWER ROAD; THENCE
N00°16'13"W, ALONG SAID EAST LINE, 973.05 FEET, TO SAID POINT OF BEGINNING. SAID TRACT
CONTAINS 17.61 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
(Rezone from RRA to RS -5)
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N01°15'57"E, ALONG THE WEST
LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 139.85 FEET,
TO THE SOUTHWEST CORNER OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY,
IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221,
IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S55°09'02"E,
ALONG THE SOUTHERLY LINE OF SAID COUNTRY CLUB ESTATES, THIRD ADDITION; THENCE
NORTHEASTERLY, 15.40 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 180.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 15.40 FOOT CHORD BEARS N37°18'02"E;
THENCE N50°14'53"W, ALONG SAID SOUTHERLY LINE, 124.04 FEET; THENCE N40013'58"E,
ALONG SAID SOUTHERLY LINE, 108.48 FEET; THENCE N78°00'56"E, ALONG SAID SOUTHERLY
LINE, 223.03 FEET; THENCE N71°00'01"E, ALONG SAID SOUTHERLY LINE, 117.53 FEET; THENCE
N64°30'09"E, ALONG SAID SOUTHERLY LINE, 57.24 FEET; THENCE S22°17'21"E, 135.16 FEET;
THENCE S12°36'51 "E, 60.83 FEET; THENCE S21 °52'26"E, 150.82 FEET, TO A POINT ON THE SOUTH
LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION
13; THENCE N89°48'18"W, ALONG SAID SOUTH LINE, 634.15 FEET, TO SAID POINT OF
BEGINNING. SAID TRACT CONTAINS 3.11 ACRES, MORE OR LESS, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
(Rezone from RR -1 to RS -5)
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH, RANGE 7 WEST OF THE
FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89047'31"W, ALONG THE
SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 346.07
FEET; THENCE NORTHEASTERLY, 343.58 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 343.01 FOOT CHORD BEARS N51°47'07"E, TO A
POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S47044'46"E, ALONG SAID
SOUTHERLY LINE, 93.04 FEET; THENCE S29°33'01"E, ALONG SAID SOUTHERLY LINE, 173.77
FEET, TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF SAID SECTION 13; THENCE N89°47'31"W, ALONG THE SOUTH
LINE OF SAID SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 78.00 FEET, TO
SAID POINT OF BEGINNING. SAID TRACT CONTAINS 1.05 ACRES, MORE OR LESS, AND IS
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
Section IL Zoning Map. The building official is hereby authorized and directed to change the zoning map
of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication
of the ordinance as approved by law.
Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the
City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following
passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is
hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the
Ordinance No.
Page 3
County Recorder, Johnson County, Iowa, at the Owners expense, upon the final passage, approval and
publication of this ordinance, as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions 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 unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of . 20_.
MAYOR
ATTEST:
CITY CLERK
App oved by
City Attorney's Office Z
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
First Consideration 08/15/2017
Voteforpassage: AYES: Taylor,
Botchway, Cole, Mims. NAYS:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Thomas, Throgmorton,
None. ABSENT: Dickens
Second Consideration_ _09/05/2017
Voteforpassage: AYES: Taylor, Thomas, Throgmorton,Botchway,
Cole, Dickens,Mims. NAYS: None ABSENT: None
Date published
that the
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00009)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), S&J Development LLP (hereinafter "Owner"), and Watts Group Construction
(hereinafter "Applicant").
Whereas, Owner is the legal title holder of approximately 21.77 acres of property located
north of Rohret Road and west of Lake Shore Drive; and
Whereas, the Owner has requested the rezoning of said property from Rural Residential,
RR -1 (4.16 acres) and Interim Development Single -Family Residential, ID -RS (17.61 acres) to
Low -Density Single -Family Residential, RS -5; and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding improvements to Rohret Road and a water pressure analysis, the
requested zoning is consistent with the Comprehensive Plan; and
Whereas, the applicant has submitted a water pressure study that demonstrates to the
satisfaction of the City Engineer that adequate water pressure exists to serve residential
development of this property; and
Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose
reasonable conditions on granting a rezoning request, over and above existing regulations, in
order to satisfy public needs caused by the requested change; and
Whereas, the Owner acknowledges that certain conditions and restrictions are
reasonable to ensure the development of the property is consistent with the Comprehensive
Plan, including necessary improvements on Rohret Road, and adequate water pressure for
residential development; and
Whereas, the Owner agrees to develop this property in accordance with the terms and
conditions of a Conditional Zoning Agreement.
Now, therefore, in consideration of the mutual promises contained herein, the parties agree as
follows:
1. S&J Development LLP is the legal title holder of the property legally described as:
(Rezone from ID -RS to RS -5)
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER
OF THE NORTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE S89048'18"E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE-
QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15 FEET; THENCE
S21°52'26"E, 158.18 FEET; THENCE NORTHEASTERLY, 318.76 FEET, ALONG AN
ARC OF A 1720.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE
318.30 FOOT CHORD BEARS N62049'01"E, TO A POINT ON SAID NORTH LINE;
THENCE S89047'31"E, ALONG SAID NORTH LINE, 346.07 FEET, TO THE
ppdadnvagV*z17-0D009 wndigonal zoning agmement.doc
NORTHEAST CORNER THEREOF; THENCE S89047'31"E, ALONG THE NORTH LINE
OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SAID SECTION 24, A DISTANCE OF 78.00 FEET, TO A POINT ON THE SOUTHERLY
LINE OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA CITY, IOWA, IN
ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 54, AT
PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE S29033'01"E, ALONG SAID SOUTHERLY LINE, 133.10 FEET, TO THE
SOUTHERN MOST CORNER THEREOF, AND A POINT ON THE CENTERLINE OF
ROHRET ROAD SW; THENCE S59°56'46"W, ALONG SAID CENTERLINE, 111.34
FEET; THENCE S59°43'58"W, ALONG SAID CENTERLINE, 926.42 FEET; THENCE
S59°44'45"W, ALONG SAID CENTERLINE, 653.90 FEET, TO A POINT ON THE EAST
LINE OF SLOTHOWER ROAD; THENCE N00°16'13"W, ALONG SAID EAST LINE,
973.05 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 17.61
ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
(Rezone from RR -1 to RS -5)
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE N01015'57"E, ALONG THE WEST LINE OF SAID SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER, 139.85 FEET, TO THE
SOUTHWEST CORNER OF COUNTRY CLUB ESTATES, THIRD ADDITION, IOWA
CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 54, AT PAGE 221, IN THE RECORDS OF THE JOHNSON COUNTY
RECORDER'S OFFICE; THENCE S55°09'02"E, ALONG THE SOUTHERLY LINE OF
SAID COUNTRY CLUB ESTATES, THIRD ADDITION; THENCE NORTHEASTERLY,
15.40 FEET, ALONG SAID SOUTHERLY LINE, AND AN ARC OF A 180.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 15.40 FOOT CHORD
BEARS N37018'02"E; THENCE N50°14'53"W, ALONG SAID SOUTHERLY LINE,
124.04 FEET; THENCE N40°13'58"E, ALONG SAID SOUTHERLY LINE, 108.48 FEET;
THENCE N78000'56"E, ALONG SAID SOUTHERLY LINE, 223.03 FEET; THENCE
N71°00'01"E, ALONG SAID SOUTHERLY LINE, 117.53 FEET; THENCE N64°30'09"E,
ALONG SAID SOUTHERLY LINE, 57.24 FEET; THENCE S22°17'21"E, 135.16 FEET;
THENCE S12036'51"E, 60.83 FEET; THENCE S21°52'26"E, 150.82 FEET, TO A POINT
ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF SECTION 13; THENCE N89°48'18"W, ALONG SAID SOUTH
LINE, 634.15 FEET, TO SAID POINT OF BEGINNING. SAID TRACT CONTAINS 3.11
ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
(Rezone from RR -1 to RS -5)
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER
OF THE SOUTHEAST ONE-QUARTER OF SECTION 13, TOWNSHIP 79 NORTH,
RANGE 7 WEST OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA;
THENCE N89047'31"W, ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER, 346.07 FEET; THENCE
NORTHEASTERLY, 343.58 FEET, ALONG AN ARC OF A 1720.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY, WHOSE 343.01 FOOT CHORD BEARS
N51°47'07"E, TO A POINT ON THE SOUTHERLY LINE OF COUNTRY CLUB
ESTATES, THIRD ADDITION, IN ACCORDANCE WITH THE PLAT THEREOF
ppdatlMagt/rW7-00009 wndlbonel zoning agmementAm 2
RECORDED IN PLAT BOOK 54, AT PAGE 221, IN THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S47°44'46"E, ALONG SAID
SOUTHERLY LINE, 93.04 FEET; THENCE S29°33'01"E, ALONG SAID SOUTHERLY
LINE, 173.77 FEET, TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-
QUARTER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 13; THENCE
N89°47'31"W, ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER OF
THE SOUTHEAST ONE-QUARTER, 78.00 FEET, TO SAID POINT OF BEGINNING.
SAID TRACT CONTAINS 1.05 ACRES, MORE OR LESS, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Southwest district plan. Further, the parties
acknowledge that Iowa Code §414.5 (2015) provides that the City of Iowa City may
impose reasonable conditions on granting a rezoning request, over and above the
existing regulations, in order to satisfy public needs caused by the requested change.
3. In consideration of the City's rezoning the subject property, Owner and Applicant agree
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
a. Upon subdividing any of the property hereby rezoned, the Developer shall enter
into a subdivider's agreement with the City for the installation of Rohret Road as a
public improvement to the first street that will serve the development (a point
approximately 200' west of Lake Shore Drive);
b. Prior to the issuance of a building permit, the Developer shall pay 50% of the cost
of improving Rohret Road to the western city limits as determined by the City
Engineer;
4. The Owner and Applicant, and City acknowledge that the conditions contained herein
are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and
that said conditions satisfy public needs that are caused by the requested zoning
change.
5. The Owner and Applicant and City acknowledge 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.
6. 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 with title to the land, unless or until released of record by the
City of Iowa City.
The parties further acknowledge that this agreement shall inure to the benefit of and bind
all successors, representatives, and assigns of the parties.
7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning
Agreement shall be construed to relieve the Owner or Applicant from complying with all
other applicable local, state, and federal regulations.
ppdadMagOmz17-00909 mndiGonal zoning agmement.doc
8. 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, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of , 20_.
City of Iowa City
Jim Throgmorton, Mayor By:
Attest:
Kellie Fruehling, City Clerk By:
Approved by:
il"
y - 17
City Attorney's Office
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 20_ by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Sea[)
Title (and Rank)
Corporate Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
ppdaLmlagVrez17-00009 condillonal zoning agreemenLtloc 4
This instrument was acknowledged before me on
M-1
S&J De ament cknowledgment:
e of Iowa
County of 30kn50h
20_ by
of Inc.
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
This record was acknowledged before me on 8-151 1' (Date)
by MIi-2, Spee-, Y (Name(s) of individual(s) as
OW 4 (type of authority, such as officer or trustee) of
S4-7 VCV o0mloyl-) 1,1. (name of party on behalf of whom record
was executed).
Notary l5ublic in and for he State of Iowa
e ROSEMARYIRL@ECK
,FS Commission Number 779206 (Stamp or Seal)
or MyComgis�ipnExpires O ��
°i Title (and Rank) N oValy lA-7io� 'L �bqf S
My commission expires: /
Wa up Construction Acknowledgment:
77
State of W0,
Countyof Sohhsovr
This record was acknowled ed before me on V- 1 -H T (Date)
by (Name(s) of individual(s) as
W 0h (type of authority, such as officer or trustee) of
W o1+*5 Crvou.h Cons+ru chi o H (name of party on behalf of whom record
was executed)
+a �sF ROSEML ?71 1DE K
z +� Commissicn Number 779205
My mmissi Expires
or ' - 3
ppdaGn1agVrez17-0000g condiiional zoning agreementdoc
Notary Public in and for he State of Iowa
(Stamp or Seal)
Title (and Rank) 0 0-6v/ V"t61 C. A 1—Si k of—�)wA
My commission expires: 7 - 3,1
ppdatlMagVrezW] 009 oondiGonal zoning agreement.doc
09 5c -05-17
STAFF REPORT
To: Planning and Zoning Commission
Item: REZ17-00009
Robret Road — Country Club Estates
GENERAL INFORMATION:
Prepared by: Bob Miklo
Date: June 1, 2017
Applicant: Watts Group Construction
Contact: Duane Musser
1917 S. Gilbert Street
Iowa City, IA 52240
319-351-8282
d.musser@mmsconsultants.net
Requested Action:
Rezone three tracts (17.61, 3.11, and 1.05
acres) from Rural Residential (RR -1) and
Interim Development Single -Family Residential
(ID -RS) to Low -Density Single -Family
Residential (RS -5).
Purpose:
To allow single-family residential development
Location:
North of Rohret Road, west of Lake Shore Drive
Size:
21.77 acres
Existing Land Use and Zoning: Agriculture and undeveloped - 17.61 acres ID -
RS, 3.11 acres and 1.05 acres RR -1
Surrounding Land Use and Zoning: North: Residential - OPD -5
South: Residential — County AR and R
East: Residential - RS -5
West: Agricultural — County A
Comprehensive Plan:
Neighborhood Open Space District:
File Date:
Southwest District Plan — single family/duplex
residential
SW5 Hunters Run
May 11, 2017
45 Day Limitation Period: June 25, 2017
2
BACKGROUND INFORMATION
Most of the land under consideration for the proposed rezoning (17.61 acres) was
annexed into the city in 1994. Approximately 3 acres was annexed in 1972 as part of a
larger annexation that was later developed into Southwest Estates and Country Club
Estates. When the 17.61 acres adjacent to Rohret Road was annexed in 1994 a
proposal to rezone this area to Medium Density Single -Family Residential zone (RS -8)
and Low Density Single -Family residential zone (RS -5) was considered. However,
because of the lack of sanitary sewer services and the substandard condition of Rohret
Road, the newly annexed land was zoned Interim Development Residential (ID -RS).
Since 1994, the future alignment of Highway 965 between Highway 6 and Highway 1
was determined and the City extended the growth boundary to include this area. The
City committed to serving this area with sanitary sewer extensions and necessary lift
stations, in order to allow development within the city. Country Club Estates Parts 1 to 6
were subsequently subdivided and developed as single-family residential lots. The
applicant has requested this rezoning to allow development of the next phase of
Country Club Estates.
The applicant has indicated that they held a Good Neighbor meeting on May 25. A report
from that meeting will be available prior to the June 1 Planning and Zoning Commission
meeting.
ANALYSIS:
Current zoning: The Rural Residential Zone (RR -1) is intended to provide a rural
residential character for those areas in the city that are not projected to have the utilities
necessary for urban development in the foreseeable future or for areas that have
sensitive environmental features that preclude development at urban densities. The
RR -1 zone allows single family dwellings and limited agricultural uses on lots that are a
minimum of 40,000 square feet. Septic systems are allowed in RRA zones that are not
served by City sanitary sewer. The RRA zoning designation was applied to this area
prior to the installation of a sanitary sewer lift station for County Club Estates, which
now makes it possible to provide sanitary sewer service.
The purpose of the Interim Development Single -Family Residential Zone (ID -RS) is to
provide for areas of managed growth in which agricultural and other non -urban uses of
land may continue until such time as the City is able to provide City services and urban
development can occur. Agricultural uses are permitted, while other uses including
residential uses, are allowed as provisional uses. The Interim Development Zone is the
default zoning district, to which all undeveloped areas should be classified until City
services are provided. The ID -RS designation indicates that residential uses were
anticipated at the time of the annexation, though this designation does not compel that
single family use upon development nor foreclose rezoning to a different use. Upon
3
provision of City services, the City or the property owner may initiate rezoning to zones
consistent with the Comprehensive Plan, as amended.
Proposed zoning: The Low Density Single -Family Residential Zone (RS -5) is primarily
intended to provide housing opportunities for individual households. The regulations are
intended to create, maintain, and promote livable neighborhoods. The regulations allow
for some flexibility of dwelling types to provide housing opportunities for a variety of
household types. The zone allows single-family dwellings with a minimum lot size of
8,000 square feet and lot widths of 60 feet. For lots with vehicle access from an alley or
rear lane, the minimum lot area is reduced to 6,000 square feet and lot width is reduced
to 50 feet. Duplexes are allowed on corner lots with a minimum lot area of 12,000 square
feet.
This zone also allows for some non-residential uses that contribute to the livability of
residential neighborhoods, such as parks, schools, religious institutions, and daycare
facilities. Related non-residential uses and structures should be planned and designed
to be compatible with the character, scale, and pattern of the residential development.
Comprehensive Plan: This property is located within the Weber Subarea of the
Southwest District Plan. The Southwest District Plan identifies this land as appropriate
for single-family and duplex residential development. The proposed zoning, Low
Density Single -Family Residential (RS -5), will allow for a residential development with a
maximum density of five dwelling units per acre. Adjacent properties within the city are
zoned RS -5. Land to the south is located outside of the city limits and is zoned County
Residential (AR, R, and R-10) zones. In staff's opinion the proposed RS -5 zoning is
consistent with the Comprehensive Plan and compatible with the neighborhood,
provided adequate infrastructure is installed to serve development.
Infrastructure: Sanitary sewer service is now available to serve this property as a
result of the lift station installed for earlier phases of Country Club Estates.
Water service is also available to serve this area, but due to low water pressure, staff
recommends that as part of a preliminary plat application, the developer be required to
complete a pressure analysis and if necessary install a booster pump to provide
adequate water pressure.
Rohret Road is a rural cross section with chip seal surface and drainage ditches. When
Irving Weber School was built, the City improved Rohret Road to a point approximately
500 feet west of Phoenix Drive. When County Club Estates, Part 7 was developed, the
developer extended the improvements of Rohret Road to Lake Shore Drive.
Extending this infrastructure west to the new intersection is important to insure it is
developed in accordance with the City's adopted design standards. A majority of the
El
traffic generated from this development will be traveling east. Curb and gutter will help
control stormwater, and sidewalks will serve pedestrians.
As a condition of rezoning the property, the applicant has agreed to improve Rohret
Road to the first street intersection that will provide access to the next phase of
development (conceptually identified at approximately 200 feet to the west of where the
current street improvements end). The applicant agrees to pay 50% of the cost of
improving the street to the western city limits. The City and/or future private
development to the south will be responsible for the other 50%. Staff does not
anticipate a need improve the remainder of Rohret Road in the near future. Any
subdivision of land adjacent to Rohret Road will also include installation of a sidewalk
along Rohret Road as a public improvement to be installed by the Developer. Subject to
these conditions, staff finds the improvements necessary to change the zoning to RS -5
will be provided.
STAFF RECOMMENDATION:
Staff recommends approval of REZ17-00009, an application submitted by Watts Group
Construction for a rezoning of approximately 21.77 acres to Low Density Single Family
Residential (RS -5) zone for property located north of Rohret Road, west of Lake Shore
Drive, subject to a Conditional Zoning Agreement specifying:
1) Upon subdividing any of the property hereby rezoned the Developer shall enter
into a subdivider's agreement with the City for the installation of Rohret Road as a
public improvement to the first street that will serve the development (a point
approximately 200' west of Lake Shore Drive);
2) Prior to the issuance of a building permit, the Developer shall pay 50% of the cost
of improving Rohret Road to the western city limits as determined by the City
Engineer;
3) As part of a preliminary plat application for any of the property hereby rezoned, the
Developer shall complete a water pressure analysis and, if necessary, design and
construct the water system to include a booster pump to provide adequate water
pressure.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
Approved by: 1 ,,4 %
John Yapp, Development Services Coordinator,
Department of Neighborhood and Development Services
.,_
COUNTRY _ ESTATES SEVENTH ADDITIONGry of IOWA Ciro
2017
caR
LU
W
ue � _r te FF�� ORS
3 a ., ��� PHpE l'AREDp pR o:• R�5 +P�P �c /SAO DupK'",;'
_ G�w6 Rx1 o a" � m c R GREEoPDs
RS5 G RR1
LL o , pua1L N �`m
y S5 RRi GA UP�. ,o VALLEYCT N -
DDN�FY.- RR,1 -RR1 EL PASO DR1'-a. ;OJ s 5 ? - RR1
Cj�.y R, ':RR1
OPS OPDSTUCSON PL RRi
RR1
RR1 PHOENIX PL Rss
RR1
OPD5 �P RR1 LLS RS5 R0NRE1'\RD- OPDS RR1
RS5 OPDS RR1
RS5 0 D ORDS
RR, OPUS ✓ OPDS
A KESSLER
Oy DR SW
S�
O�
N
a
An application submitted by Watts Group
Construction to rezone three tracts
(17.61 acres, 3.11 acres, and 1.05 acres)
from Rural Residential (RR -1) and Interim
Development Single -Family Residential (ID -RS)
to Low -Density Single -Family Residential (RS -5).
co
0�M�
oe
REZONE TRACT #2
RR1 TO RS5
311AC
BF.GMIM6
I (iRe.Ci bi nr.9rz)
L
1M
g1AM1a
of
31
EF
REZONING EXHIBIT
COUNTRY CLUB ESTATES
SEVENTH ADDITION
IOWA CITY, IOWA
N, MOM. YM. w �mEw d9. 'M�,pM„E'
FraOYMeTHi flSf McmEE.
yVE
tgW`!,�y�¢9 �Ib\x"
Eu1° of In
6Ali EOWLNLLf.199IIr,EME, LOMLMIE, In EII«9M
D
i ,
1353
� 36
y ,.BSA w
45.782,E ,
REZONE TRACT 93 �k sT /
RR1 TO RS5
,. 30
gw?.G
AGF
eE WMG
"A)
fn+ACFMsI
I
«q'Ew2 xf«E"OfEdos.IrtWmrm x l A'
rfC y mICL MExR 5aW9bn2 M
3PI q'«`plRWiw.wnl4y�glr R sne
r Ld«EK• a�ivs s n¢r s«iEs%Tisti imr�duo
A me'eYC nmI¢ xmrssir u
AWm(W9LTM�IT�G �Mw i¢* ixwE u{m NSn'E. 1L{w
�0�� ru+9iE.ds' m°nwxo9gLY �. «9"f>
°4 9ry
d'%rz"fr. ro nM.o
M-WMCMi ERS M XIESCMMMM¢iLx w ] YdE �nR¢SWMYx[ T RRA PARF4 YFME W
LWEWIH'1PL¢ttTF soEmGS�i d[ LA 9011xr.0.
r2G ♦rdR r9 .v9 . i xPlMI[CS1ESL. %Ri 9E(i
. xME PMVC EW[ YK uqnRSlpav, XKdE ,yys, iEOt
%Er'L 61A' P«RA 1MM0�
7M Mr MG[6 n[ MUI 6
ttAi BE91I N III
IaN9v9 .LM19 CCA. P 9 P.IR 4 Ya'u'M'C N N 1. etlxi9MF1Rv
a r r. p 5^Wlm LtI,E a n EAUMus d: �rM9 I.M I so,muu]9h
•,IL$ uN , EI9[[, fi E.SiMR M MamEnEIR > °A<°CM«ro. LAfi 4mf Q
COUNTRY CLUB ESTATES SEVENTH ADDITION
`L LOCATION MAP.'+ -
CML ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
18175.GttBERf9i.
IOWRCM.NYNA $N
IstBIJs9«
uww.mmewmWnbnsl
T
REZONING
EXHIBIT
COUNTRYCLUB
ESTATES,SEVENTH
ADDITION
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
OS711T
o rse
wwAcm
1331532 «, ,
)
I
I'
LEGEND AND NOTES
r
,F I,
�
I
6 = �"og9vdeL Lenr4r "rlliiir� u
E
/ '
G!`d\
rWw I« ..iM
. fn�«�eTppr
/.•�
ePKnd4
r
s`A'
• - w r
/
�
ny
md4a dil�glY'rNp
r4.
/RNA
'
I�Iqq I
__ ___� fsYYu LMQ �9M �r MJIf
/
IYtl�
�R) -v w2xiion
I
EaNMILSGLEMfffE
E�}-' - KROxM M4n[P
I
«q'Ew2 xf«E"OfEdos.IrtWmrm x l A'
rfC y mICL MExR 5aW9bn2 M
3PI q'«`plRWiw.wnl4y�glr R sne
r Ld«EK• a�ivs s n¢r s«iEs%Tisti imr�duo
A me'eYC nmI¢ xmrssir u
AWm(W9LTM�IT�G �Mw i¢* ixwE u{m NSn'E. 1L{w
�0�� ru+9iE.ds' m°nwxo9gLY �. «9"f>
°4 9ry
d'%rz"fr. ro nM.o
M-WMCMi ERS M XIESCMMMM¢iLx w ] YdE �nR¢SWMYx[ T RRA PARF4 YFME W
LWEWIH'1PL¢ttTF soEmGS�i d[ LA 9011xr.0.
r2G ♦rdR r9 .v9 . i xPlMI[CS1ESL. %Ri 9E(i
. xME PMVC EW[ YK uqnRSlpav, XKdE ,yys, iEOt
%Er'L 61A' P«RA 1MM0�
7M Mr MG[6 n[ MUI 6
ttAi BE91I N III
IaN9v9 .LM19 CCA. P 9 P.IR 4 Ya'u'M'C N N 1. etlxi9MF1Rv
a r r. p 5^Wlm LtI,E a n EAUMus d: �rM9 I.M I so,muu]9h
•,IL$ uN , EI9[[, fi E.SiMR M MamEnEIR > °A<°CM«ro. LAfi 4mf Q
COUNTRY CLUB ESTATES SEVENTH ADDITION
`L LOCATION MAP.'+ -
CML ENGINEERS
LAND PLANNERS
LAND SURVEYORS
LANDSCAPE ARCHITECTS
ENVIRONMENTAL SPECIALISTS
18175.GttBERf9i.
IOWRCM.NYNA $N
IstBIJs9«
uww.mmewmWnbnsl
T
REZONING
EXHIBIT
COUNTRYCLUB
ESTATES,SEVENTH
ADDITION
IOWA CITY
JOHNSON COUNTY
IOWA
MMS CONSULTANTS, INC.
OS711T
o rse
wwAcm
1331532 «, ,
r 4
Date: June 13. 2017
CITY O F IOWA CITY
MEMORANDUM
To: Planning and Zoning Commission
From: John Yapp —?1y ..r
Re: Country Club Estates and Rohret Road
At its June 1 meeting, the Planning and Zoning Commission discussed the staff
recommendation that the "Developer shall enter into a subdivider's agreement with the City for
the installation of Rohret Road as a public improvement to the first street that will serve the
development (a point approximately 200 feet west of Lake Shore Drive);" and that the
"Developer shall pay 50% of the cost of improving Rohret Road to the western city limits as
determined by the City Engineer."
The Commission discussed whether or not to require the improvement of more of Rohret Road
than staff recommended.
Where property is subdivided and developed without requiring a rezoning, the City requires a
developer to pay 12.5% of the cost of upgrading an existing arterial street. The rationale is that
the majority of the function of an arterial street is for community traffic, and therefore the public
should be responsible for a majority of the cost of improving the street. In this case, however,
the need for this street improvement is being created by the rezoning. As you know, the City has
the ability to impose conditions on an owner that are greater than the zoning code requirements
in order to meet such public needs created by the rezoning, thus staff's recommendation as
described above. Staff does not recommend a condition that requires the developer install the
infrastructure further than the point described above. Other factors include:
• Rohret Road has a relatively low traffic volume, 2,453 vehicles per day near Weber
Elementary in 2011 (most recent available traffic count)
• There will be no direct driveway access to Rohret Road
• The south side of Rohret Road is outside city limits, and unlikely to annex and develop in
the foreseeable future due to existing homes and lack of sanitary sewer
PRELIMINARY PLAT
CLUB ESTATES, SEVENTH ADDITION
IOWA CITY, IOWA
e.fn .eea. amicwx�.m oa�.�
wnxww.m
aevvaom.c�x
PFEiPA MFUT
SMIIINAWRON
m��un n
Summary Report for
Good Neighbor Meeting
Project Name: Country Club Estates, Seventh Add.
Meeting Date and Time: May 25, 2017 at 5:30
Meeting Location: Weber Elementary
� r ,
CITY OF IOWA CITY
Location: Rohret Road
Names of Applicant Representatives attending: Duane Musser
Names of City Staff Representatives attending: Bob Miklo & Jason Havel
Number of Neighbors Attending: 13 Sign -In Attached? Yes X No
General Comments received regarding project (attach additional sheets if necessary) -
no multi family being proposed was positive
size of lots adj to existing homes was a positive
will new home owners be part of the HOA for the swimming pool area?
Concerns expressed regarding project (attach additional sheets if necessary) -
concerns with existing erosions issues in detention basin not being repaired by original developer
existing speed on rohret road was commented on. overcrowding of existing elem school.
new city street to Melrose Ave was requested. concerns by county residents to protect existing trees.
county residents wanted 2-6 acre lots on north side of Rohret Road. safety for children playing in the street.
80 lots is to dense.
Will there be any changes made to the proposal based on this input? If so, describe:
none at this time
Staff Representative Comments
Staff concurs with this summary of meeting.
Good Neighbor Meeting
Thurs., May 25th, 2017 @ 5:30pm
Rezoning -21.77 acres off of Rohret Road
Weber Elementary School
ni�
'1 Sort /J'O u�L
Address /�i� 5/
a�/S
30 -�— Alz ee-?� ff��
/ Lo,1\�e -ShVrC ON tJe
N31 Lake S1, r Q-
ly7�9 :Du Vkl�r a+
133 --�— PhCCn ; ( �.
IIg3 &)I -Ida& /-cc (,(-e
53E5- '91'reel
lb -V
I79Z L4kte X6/0` De -
Li Z �. ( nj S LO' S4N x-e�A-
MINUTES
PLANNING AND ZONING COMMISSION
JUNE 1, 2017 — 7:00 PM — FORMAL MEETING
E M M A J. HARVAT HALL, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Ann Freerks, Carolyn Dyer Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs, Jodie Theobald
MEMBERS ABSENT:
STAFF PRESENT: Sara Hektoen, Bob Miklo, John Yapp
OTHERS PRESENT: Duane Musser, David Tokuhisa, Steve Long, Margarita Baltazar,
Donna Davis, Maria Garcia, Marcel Lotado, Margarita Rodriquez,
Juley Flores, Alberto Paris, Ivan Hall, Ginalie Swain, Brian
DeCoster, Martha Kirby, Adam Pretorius, Kristin Wildensee, Laura
Hawks, Debbie Heiken, Pat Heiken, Tim Conroy, Bob Kirby, Kurt
Kimmerling, Terri Miller Chait, Dan McRoberts, Judy Joyce, Ed
Cole
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING ITEM (REZ17-00009):
Discussion of an application submitted by Watts Group Construction for a rezoning of
approximately 21.77 acres from Rural Residential, RR -1, (4.16 acres) and Interim
Development—Single Family Residential, ID -RS (17.61) acres to Single Family Residential (RS -
5) zone for property located north of Rohret Road, west of Lake Shore Drive.
Miklo began the Staff Report showing a zoning map of the area in which the property is located,
the surrounding areas within the city are zoned RS -5 Low Density Single Family. There is some
Rural Residential, RR -1, zoning also in the neighborhood. There is a property to the south that
is in the County, not the city, but it is also zoned residential. The existing Country Club Estates
subdivisions were annexed and zoned residential a couple decades ago. Miklo pointed out an
area of the annexation that was zoned Interim Development Residential (ID -RS) so it would
allow agriculture uses until there was adequate infrastructure to allow development.
Miklo said that the proposed zoning is the City's lowest density zone (RS -5) and allows up to
five single family housing units per acre, corner lots are allowed to have duplexes and smaller
lots are allowed if alleys are put in. Staff finds that this proposed zone does meet the
Comprehensive Plan which shows single family and duplexes in this general location. The
proposed zoning is similar to surrounding neighborhoods as well. The reason this area hasn't
been rezoned and developed in the past is the lack of infrastructure. Sanitary sewer was
improved with a lift station installed for Country Club Estates. Water service is also available to
serve this area, but due to water pressure, Staff recommends that as part of a preliminary plat
Planning and Zoning Commission
June 1, 2017 — Formal Meeting
Page 2 of 24
application, the developer be required to complete a pressure analysis and if necessary install a
booster pump to provide adequate water pressure.
Miklo discussed the condition of Rohret Road, as seen in the photos it is not currently improved
to City standards, so Staff is recommending as a condition of approval that the developer
improve the road to the first street that will be developed in the subdivision. Additionally the
developer would need to pay the City the cost of developing the rest of the street in the future.
The applicant agrees to pay 50% of the cost of improving the street to the western city limits.
The City and/or future private development to the south will be responsible for the other 50%.
Staff recommends approval of REZ17-00009, an application submitted by Watts Group
Construction for a rezoning of approximately 21.77 acres to Low Density Single Family
Residential (RS -5) zone for property located north of Rohret Road, west of Lake Shore Drive,
subject to a Conditional Zoning Agreement specifying:
1) Upon subdividing any of the property hereby rezoned the Developer shall enter into a
subdivider's agreement with the City for the installation of Rohret Road as a public
improvement to the first street that will serve the development (a point approximately
200' west of Lake Shore Drive);
2) Prior to the issuance of a building permit, the Developer shall pay 50% of the cost of
improving Rohret Road to the western city limits as determined by the City Engineer;
3) As part of a preliminary plat application for any of the property hereby rezoned, the
Developer shall complete a water pressure analysis and, if necessary, design and
construct the water system to include a booster pump to provide adequate water
pressure.
Freerks commented on her surprise that the report didn't state the road would need to be
improved across the whole development because that is something that is typically required.
Miklo acknowledged there have been situations where the City has allowed subdivisions on
unimproved roads, usually the zoning is already in place when that occurs, and that there is a
formula in the Subdivision Code that allows the developer to pay a percentage of the developing
of the street. Freerks asked if this area was currently in the streets capital improvement plan
and Miklo stated it is not. Freerks stated her concern about the road not being fully developed
at the time of the subdivision.
Parsons asked about Rohret Road and if that area was all in the City. Miklo stated that it is not,
the City line goes to approximately the center of the road and the other section is an easement
in the County.
Hensch asked if the road improvement is in the five-year plan for the County and Miklo replied
that he didn't believe so.
Hensch commented on the water pressure issue and presumes that this point is the furthest
west Iowa City will grow since there is the water pressure issues. Miklo stated that technically
the Iowa City growth area does go further west, as typically growth area is based on water shed
areas that flow towards the wastewater treatment plant. Miklo noted that this is a unique
situation in that the alignment of Highway 965 is just to the west of this area and to ensure that
highway is in the City the City expanded the growth area even though it was outside the
watershed. So if that area further to the west is to develop, there will need to be extensive
infrastructure improvements.
Planning and Zoning Commission
June 1, 2017 — Formal Meeting
Page 3 of 24
Hensch asked about the issue of fire hydrant pressure. Miklo stated that the City is not aware
there is a water pressure issue in this area, they are being proactive given the elevation of the
property so that is why staff is recommending doing the water presure study.
Parsons asked if Slothower Street is connected from Rohret Road to Melrose Avenue. Miklo
stated it is not, there is a portion that road that has been abandoned and that would likely be
redeveloped into some other road if the area was developed. Parsons noted it would be nice to
have access to Melrose Avenue from these developments for people commuting via Highway
218.
Signs asked about the OPD -5 area to the north. Miklo stated that the reason for that OPD -5
area is due to the wetlands in the larger subdivision and they were reducing the buffer so they
went through sensitive areas rezoning to reduce the buffer.
Freerks opened the public hearing.
Duane Musser (MMS Consultants) stated that Taft Avenue, Herbert Hoover Highway, and
American Legion Road are examples of where they have done developments up against County
roads and have maintained the ditches until the City came through and did a City improvement
project.
Freerks commented that often there are issues with those examples. Freerks asked how many
homes they plan for this development. Musser stated they have submitted a concept and
preliminary plat that shows 80 units, all single-family.
Hensch asked if the engineering analysis for the water pressure will include an assurance that
there will be adequate water pressure for fire hydrants. Musser confirmed that yes that is one of
the main requirements. He noted they completed the same exercise on Church Hills Parts 1, 2
& 3 and had to provide the same information before those plats were accepted.
Parsons asked if there are examples elsewhere in the City where there was the need to add the
booster pump. Musser is not aware of any in Iowa City, they have done some in other
communities. Parsons asked if the cost of the booster pump and the study is upon the
developer and Musser confirmed it will be the cost of the developer.
David Tokuhisa (3305 Rohret Road SW) said he first wanted to thank Watts and MMS for
working with the community to shift the future center line of Rohret Road to the north as to not
take out the trees and encroach upon the property to the south which contains existing houses.
Tokuhisa wanted these comments documented as they were presented by MMS when they
briefed the neighborhood. Tokuhisa also noted the issue of the smaller lot housing, which will
be on the edge of Rohret Road, and will be across the street from the largest lots in the area,
which falls outside the City guidance for keeping like lots closer to similar sized houses. He
stated they did a good job in avoiding putting the postage stamp lots next to the larger lots in the
development but they completely forgot to take in account the houses across Rohret Road. The
acreages in that part of the County run from 2'/Z to 6 acres in size. Tokuhisa suggested that the
smaller lot homes be move to be along Slothower Road. Larger lots provide larger space for
kids to play and therefore is less of an incentive to go wandering out across the street.
Tokuhisa noted that front of these houses will front Rohret Road with an alley down the back
and that concerns him, especially with respect to children, as the speeds along Rohret Road
can be quite high.
Planning and Zoning Commission
June 1, 2017— Formal Meeting
Page 4 of 24
Hensch asked what is the speed limit on that portion of Rohret Road. Tokuhisa said the County
side is 45 mph and the City side is 35 mph but once the cars clear the school zone it seems to
be a free for all.
Freerks asked Musser if he could comment on the shifting of the center lane. Musser stated
that at the Good Neighbor Meeting they did discuss the shifting. The right-of-way is currently 60
feet wide and Rohret Road in the City limits is 80 feet wide so the developer/applicant has
agreed to make up the difference of the 80 completely on the north so if or whenever Rohret
Road is improved the County people to the south don't have to dedicate any additional right-of-
way and will maintain their current area. There was a lot of concerns about the trees, Musser
stated he never promised or guaranteed that the trees would not be disturbed, there are
currently no construction plans for that. At that time of construction, he is sure that all that can
be done will be done to preserve the trees, the City Engineer has already confirmed that once a
sidewalk is put in it will be a wide sidewalk on the north side and there will not be a sidewalk on
the south side adjacent to the County homes. Musser noted that they did bring the preliminary
plat to the Good Neighbor Meeting so everyone could see what was being proposed.
Freerks asked about the homes that will front face Rohret Road and that there will need to be
additional setbacks to accommodate the future right-of-way for Rohret Road improvements.
Musser confirmed they are taking that into consideration with the setbacks. He noted the
setbacks for those homes will be 40 feet and therefore have a larger front yard than the
standard 25 foot setback.
Signs asked if those homes will have alley entrances. Musser confirmed they would, noting that
this is all a concept and preliminary plat all yet to be approved by Staff.
Freerks asked Musser to continue to have conversations regarding lots sizes and other issues,
those aren't items the Commission is making decisions on this evening but all concerns should
be addressed. It can often be an issue when the County abuts the City and things are
drastically different.
Hensch asked if there were any other issues raised at the Good Neighbor Meeting, the
Commission never received a report from that meeting. Miklo noted that the concerns
addressed by the neighbors were mostly about earlier phases of the subdivision and some
erosion control that needed to be addressed. There were the concerns addressed tonight about
the size of the lots on Rohret Road and the improvement of Rohret Road. Musser added there
was discussion of speed on the road. There is also a homeowners association for the swimming
pool and tennis courts and if this new subdivision will join in. Musser stated there were about 12
or 14 people at the meeting.
Freerks closed the public discussion.
Hensch moved to approve REZ17-00009 an application submitted by Watts Group
Construction for a rezoning of approximately 21.77 acres to Low Density Single Family
Residential (RS -5) zone for property located north of Rohret Road, west of Lake Shore
Drive, subject to a Conditional Zoning Agreement specifying:
1) Upon subdividing any of the property hereby rezoned the Developer shall enter
into a subdivider's agreement with the City for the installation of Rohret Road as a
public improvement to the first street that will serve the development (a point
approximately 200' west of Lake Shore Drive);
2) Prior to the issuance of a building permit, the Developer shall pay 50% of the cost
Planning and Zoning Commission
June 1, 2017 — Formal Meeting
Page 5 of 24
of improving Rohret Road to the western city limits as determined by the City
Engineer;
3) As part of a preliminary plat application for any of the property hereby rezoned,
the Developer shall complete a water pressure analysis and, if necessary, design
and construct the water system to include a booster pump to provide adequate
water pressure.
Theobald seconded the motion.
Hensch agreed with Freerks on the concern that Rohret Road would not be completely
developed with this project.
Freerks asked about Commission input to capital improvements and perhaps this is a time to
review the proposed capital improvements and add suggestions to present to Council.
Signs agreed that it is a concern, potentially a middle ground would be to have the street paved
fully through the final street connection. Freerks agreed with that idea.
Theobald also agrees with the concerns regarding the street improvements and adding 80
additional homes to the area.
Hensch asked if anyone was aware of the current traffic count on Rohret Road. Miklo does not
have those numbers but could get them to the Commission by the next meeting.
Parsons also stated a concern about approving this large of a development without improving
the roads to accommodate all the traffic.
Martin questioned the reason for deferring, noting that even if a conversation of adding road
improvements to the Capital Plan doesn't necessary deal with the situation at present.
Freerks stated she feels that this plan to build 80 homes and not improve the road is not in the
best interest of the community. If the Commission defers, perhaps that can lead to a negotiation
to at least extend the road improvements to the end of the final street of the proposed
subdivision.
Signs suggested deferring this item.
Hensch withdrew the motion, in favor of deferring.
Signs moved to defer REZ17-00009 until the next meeting.
Theobald seconded the motion.
Signs asked to see the preliminary plat and concept at the next meeting as well.
Hensch also requested that the Good Neighbor Meeting minutes be distributed to the
Commission.
A vote was taken and the motion carried 6-1 (Martin dissenting).
COMPREHENSIVE PLAN ITEM (CPA16-00005):
A public hearing on an application for a Comprehensive Plan amendment to amend the North
MINUTES PRELIMINARY
PLANNING AI4D ZONING COMMISSION
JUNE 15, 2017 — 7:00 PM — FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Ann Freerks, Carolyn Dyer Mike Hensch, Max Parsons, Mark
Signs, Jodie Theobald
MEMBERS ABSENT: Phoebe Martin,
STAFF PRESENT: Sara Hektoen, John Yapp
OTHERS PRESENT: Adam Hahn, Steve Long, Brian Boelk, Judy Joyce, Ivan Hall, Kurt
Kimmerling, Jeffrey Maxwell, Laura Hawks
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 (Martin absent) the Commission recommends to approve REZ17-00009 an
application submitted by Watts Group Construction for a rezoning of approximately 21.77 acres
to Low Density Single Family Residential (RS -5) zone for property located north of Rohret Road,
west of Lake Shore Drive, subject to a Conditional Zoning Agreement specifying:
1) Upon subdividing any of the property hereby rezoned the Developer shall enter into a
subdivider's agreement with the City for the installation of Rohret Road as a public
improvement to the first street that will serve the development (a point approximately
200' west of Lake Shore Drive);
2) Prior to the issuance of a building permit, the Developer shall pay 50% of the cost of
improving Rohret Road to the western city limits as determined by the City Engineer;
3) As part of a preliminary plat application for any of the property hereby rezoned, the
Developer shall complete a water pressure analysis and, if necessary, design and
construct the water system to include a booster pump to provide adequate water
pressure.
By a vote of 6-0 (Martin absent) the Commission recommends adding Rohret Road
improvements to the Capital Improvements Plan.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING ITEM (REZ17-00009)•
Discussion of an application submitted by Watts Group Construction for a rezoning of
approximately 21.77 acres from Rural Residential, RR -1, (4.16 acres) and Interim
Development—Single Family Residential, ID -RS (17.61) acres to Single Family Residential (RS -
5) zone for property located north of Rohret Road, west of Lake Shore Drive.
Planning and Zoning Commission
June 15, 2017—Formal Meeting
Page 2 of 9
Yapp began by showing the location of the proposed rezoning on the far west side of Iowa City.
Yapp said at the last meeting where this item was discussed the Commission questioned the
improvements to Rohret Road and the Staff recommendation that Rohret Road be required to
be improved to the first access point of the proposed development which would be
approximately 200 feet to the west. Additionally the developer would be required to pay for 50%
of the cost of improving the remainder of Rohret Road to the City limits. Yapp explained the
rationale is that the properties on the south side of Rohret Road are unincorporated Johnson
County and unlikely to be annexed in the foreseeable future. Rohret Road has a relatively low
traffic volume, in 2011 there were 2400 vehicles per day and it has probably increased slightly
since then due to residential development, but not significantly. Yapp also noted there will be
no direct driveway access to Rohret Road. He explained that in other situations where there is
an unimproved street that development is occurring off of the Subdivision Code allows the City
to require the developer pay 12.5% of the cost of upgrading the street. In this case because it is
a rezoning Staff is recommending a 50% contribution.
Freerks stated that is similar to what the City has done in the past and Yapp confirmed it is what
similar to what was required in the past for other developments.
Freerks opened the public hearing.
Adam Hahn (Watts Group) discussed the water pressure concerns that was also discussed at
the last Commission meeting. In 2016 the Water Department conducted a hydrant test in that
area and it reported the hydrants are at 36-37 pounds.
Yapp noted that the water report will require more analysis.
Hahn agreed and also noted that they feel they have contributed to Rohret Road as they have
shifted the center line so that they will not affect the neighbors to the south when Rohret Road is
widened.
Yapp explained the water pressure issue, the flow tests ran on existing hydrants showed that
water in the existing part of Country Club Estates is adequate. The further analysis that needs
to be done is modeling the water usage of the new development and estimating if the pressure
is still adequate. Staff believes it will be but needs to complete all the analysis before signing
Off.
Hensch asked if the water pressure is not sufficient is it then contingent upon the developer to
install or rectify the issues. Yapp confirmed.
Freerks noted there are three Staff recommendations in the Report and asked if Staff still
recommends all three. Yapp replied that Staff does.
Freerks closed the public hearing.
Hensch moved to approve REZ17-00009 an application submitted by Watts Group
Construction for a rezoning of approximately 21.77 acres to Low Density Single Family
Residential (RS -5) zone for property located north of Rohret Road, west of Lake Shore
Drive, subject to a Conditional Zoning Agreement specifying:
1) Upon subdividing any of the property hereby rezoned the Developer shall enter
into a subdivider's agreement with the City for the installation of Rohret Road
as a public improvement to the first street that will serve the development (a
point approximately 200' west of Lake Shore Drive);
Planning and Zoning Commission
June 15, 2017 — Formal Meeting
Page 3 of 9
2) Prior to the issuance of a building permit, the Developer shall pay 50% of the
cost of improving Rohret Road to the western city limits as determined by the
City Engineer;
3) As part of a preliminary plat application for any of the property hereby
rezoned, the Developer shall complete a water pressure analysis and, if
necessary, design and construct the water system to include a booster pump
to provide adequate water pressure.
Parsons seconded the motion
Freerks noted she is not against the development but thinks the standard of the road is
important and agrees it is not the developers place to have to pay for 100% of the upgrade but
does believe Rohret Road needs to be on the Capital Improvements Plan. Herbert Hoover
Highway and Taft Avenue are both on the Capital Improvements Plan, they are unfunded, but at
least on the Plan. She is interested in recommending to City Council that Rohret Road be
added to the Capital Improvements Plan. She added that the improvements to Rohret Road
might be more crucial as the smaller homes in the development will have their front yards facing
Rohret Road.
A vote was taken and the motion passed 6-0.
Theobald moved to recommend adding Rohret Road improvements to the Capital
Improvements Plan.
Parsons seconded the motion.
A vote was taken and the motion passed 6-0.
COMPREHENSIVE PLAN ITEM (CPA16-00005)'
A public hearing on an application for a Comprehensive Plan amendment to amend the North
District Plan for approximately 70 acres west of Dubuque Street, south of Interstate 80, and
north and east of Mission Point Road and Mackinaw Drive, to modify the land use map, adopt a
sensitive areas survey, and add certain housing, transportation and design goals.
Theobald disclosed that she is part of a group that kayaks with Steve Long (from HBK
Engineering) but feels she can be impartial and she and Long have not had any conversations
about this item.
Yapp began the Staff report showing an outline of the area proposed for the Comprehensive
Plan Amendment and also the proposed land use map. He noted at the Commissions work
session on June 7 they asked for additional information on this item. The applicant is ready to
report the answers to the information requests however Staff has not had a chance to review
the information in any detail. Yapp also noted the Commission received correspondence from
the Idyllwild neighborhood but again Staff has not had time to fully review and react to that as
well. Staff has no additional presentation for the Commission at this meeting but invites the
Applicant the opportunity to review their materials.
Freerks noted it is unlikely the Commission will act on this item this evening as they need to
Kellie Fruehling
From:
Lisa Fender <lisamfender@gmail.com>
Sent:
Monday, August 21, 2017 12:20 PM
To:
Council
Cc:
brian@wattsgroup.co; Mike Van Dyke; Mike Speer
Subject:
Country Club Estates -- Proposed Additions -- Notice and Opportunity to be Heard
Dear Mayor Throgmorton and Members of the City Council
It has come to the attention of our HOA board that a preliminary plat of the Seventh and Eighth Additions to
our subdivision, Country Club Estates, has been approved by the city's Planning and Zoning Committee. As a
board, we would like to submit the following the City Council for consideration before a final vote of approval
is rendered.
Origin of Country Club Estates. The Country Club Estates subdivision was established in 2000 by S&J Properties. The subdivision was
limited to single family residences. Covenants adopted at that time specified that each residence should have a two -or three -car garage and
also specified a minimum square feet of living space. Under the covenants, each owner is a member of the CCE Homeowners Association,
with privileges in the commons area. The primary commons area now consists of a parking area, playground, pool, basketball court, and
tennis courts. The subdivision now comprises six additions and approximately 150 lots.
Proposed addition. S&J Properties previously engaged in a sequence of transactions conveying the Fifth and Sixth Additions to the Watts
Group. S&J is now negotiating the sale of land it owns north of Rohret Road and west of Lake Shore Drive to the Watts Group, and the
Watts Group has proposed the development of that land as the Seventh and Eighth Additions. Although it appears that that sale has not yet
been completed, the Watts Group has prepared a preliminary plat for the land, and has secured the approval of the Iowa City Planning and
Zoning Commission, in anticipation of final approval by the Iowa City Council this fall.
The proposed Seventh and Eighth Additions would add 81 additional lots to the subdivision, more than half again as many as are currently
included. Of these, 60 lots are comparable to lots in the existing additions, while 21 lots, along the north side of Rohret Road, have 50'
frontages significantly less than lots in the existing additions. There is no provision for augmenting the existing commons area.
HOA concerns. The Board of Directors of the CCE Homeowners Association is concerned that facilities within the existing commons area
will not suffice for the demands that would be placed on them by the additional 81 units. The present population of the subdivision and the
facilities are in rough balance at most times, although the capacities of both the parking area and the pool are tested at peak periods. (In the
absence of pedestrian access between the proposed additions and the commons area, except along Lake Shore Drive, residents of the
additions could be expected to drive to the limited parking area or the adjacent streets.) The Board is similarly concerned that there has been
no assurance that either the garage or the living space minimums will be preserved in the proposed additions. Finally, the Board is concerned
that the apparent fast -tracking of the proposal has not permitted the Board to solicit the views of the HOA members, or to permit the
members adequate opportunity to become acquainted with the proposal and to comment on the proposal. Accordingly, the Board addresses
the following request to the Council.
Request. The Board of Directors of the CCE Homeowners respectfully requests that the Iowa City Council defer action on the proposed plat
for the development of CCE Additions Seven and Eight until such time as: (1) The owner of the property in question affirms by amendment
of the covenants its adherence to current living space and garage requirements. (2) The Board has had an opportunity to assess and to apprise
the members of the effects of the additions on the commons area, obtain their responses, and communicate those views to the Council.
I must stress that the members of our HOA have always been a working, volunteer based membership. We do
not take our responsibilities lightly. Our understanding of having such privileged amenities is demonstrated in
our dedication to the maintenance of such amenities. Countless volunteer hours go into the daily operations and
day-to-day functions, so you can understand our concern for the large increase in homes being added to our
HOA.
We would greatly appreciate your attention to this issue and hope to have our concerns addressed before the
final vote.
Thank you for your time and consideration.
Lisa A Fender
CCE HOA past president, 15 year CCE resident
1416 Dunley Ct.
Iowa City, IA 52246
319-594-0268
Defer Indefinitely
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance No.
Ordinance amending Title 4, entitled "Alcoholic Beverages" and Title
10, entitled "Public Ways and Property," to allow alcohol In park
shelters.
Whereas, the City Code allows possession and consumption of alcohol in parks only with a
permit or by a written agreement;
Whereas, the Parks and Recreation Commission has recommended that the restrictions on
alcohol in park shelters be relaxed; and
Whereas, it is in the City's interest to allow possession and consumption of beer and wine in
park shelters with a shelter reservation except for the shelters in Napoleon Park and I.C. Kickers
Park.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 4, entitled "Alcoholic Beverages; Chapter 5, entitled
"Prohibitions and Restrictions," Section 3, entitled "Consumption or Possession in Public Places
and City Buildings," is amended by adding the following two sentences to Subparagraph B:
Notwithstanding any other provision in this section, a person may possess and consume
beer or wine inside any park shelter, with the exception of those in Napoleon Park and I.C.
Kickers Park, during the time period the shelter has been reserved. All persons reserving a
shelter and all persons possessing and consuming beer or wine in the shelter shall abide by
the administrative rules approved by the City Manager.
2. Title 10, entitled "Public Ways and Property," Chapter 9, entitled "Parks and Recreation
Regulations," Section 2, entitled "Prohibited Actions in Parks," is hereby amended by deleting
Subparagraph F and substituting in lieu thereof the following new Subparagraph F:
Alcoholic Beverages. Possess or consume alcohol except as provided in Section 4-5-3 of
the Code.
Section 11. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section III. Penalties for Violation. The violation of any provision of this ordinance is a
municipal infraction or a simple misdemeanor.
Section IV. 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 unconstitutional.
Section V. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 2017.
Mayor
Attest:
City Clerk
Approved by
City Attorney's Office
H
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 08/01/2017
Voteforpassage: AYES: Dickens, Mims, Taylor, Thomas,
Throgmorton, Botchway. NAYS: Cole. ABSENT: None.
Second Consideration _
Vote for passage:
NAYS: Cole
Date published
08/15/2017
that the
AYES: Throgmorton,Botchway, Mims, Taylor, Thomas.
ABSENT: Dickens
rME
Date: August 31, 2017
Y OF 1 O WA C 1 TY
MORANDUM
To: City Council
From: Simon Andrew, Assistant to the City Manager
Re: Park Shelter Beer and Wine Consumption
Introduction:
At Council's request, the Code amendment currently under consideration regarding the
consumption of beer and wine in park shelters was presented at the August 23, 2017 meeting of
the Partnership for Alcohol Safety in order to solicit feedback from that organization. While there
was not a unanimous opinion from the group, there were considerable reservations expressed
by several members. Given the lack of time sensitivity on this issue, staff recommends indefinite
deferral of the third reading of the ordinance amendment.
History/Background:
The Partnership for Alcohol Safety is a joint project of The University of Iowa and the City of
Iowa City. Its mission is to identify and advocate for strategies that reduce high-risk drinking and
promote a vibrant downtown. Mayor Throgmorton serves as co-chair of the group, and the City
was also represented by Simon Andrew, Assistant to the City Manager, and Iowa City Police
Lieutenant Denise Brotherton at the August 23 meeting.
The ordinance amendment, which would allow for the consumption of beer and wine in limited
quantities in park shelters in conjunction with shelter rentals, was outlined at the meeting in
order to learn from the perspective of PAS members, many of whom have worked on alcohol
safety and public health issues for many years. Several members of the group voiced their
opinions, which ranged from strong concerns to support for the amendment. The majority of
members who contributed to the discussion indicated they did not support the change.
Generally, the concerns raised at the meeting pertained to the mixed message relaxing the
prohibition against alcohol consumption during park shelter rentals may send to the student
population and University community.
Though Parks and Recreation staff receive requests for allowing alcohol consumption through
the shelter reservation process, the Code amendment under consideration was generated by a
request to Council from a resident. After evaluating other communities' regulations regarding
shelter rentals, staff did not have significant reservations moving in this direction. However, staff
sees no urgency in changing Code in this manner, especially in light of the concerns expressed
by such an important and experienced stakeholder group.
fi 61111ia�10171TiE
Staff recommends deferring third consideration of the ordinance amendment indefinitely.
CITY OF IOWA CITY
COUNCIL ACTION REPORT
08-15-17
August 1, 2017 8
Ordinance amending Title 4, entitled "Alcoholic Beverages" and
Title 10, entitled "Public Ways and Property," to allow alcohol in
park shelters
Prepared By: Jul! Seydell Johnson, Director of Parks & Recreation
Reviewed By: Sue Dulek, Assistant City Attorney
Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: Approval
Attachments: Ordinance, 5-10-17 Park Commission Minutes
Executive Summary:
This action amends City Code to allow for the consumption of beer and wine during park shelter
reservations.
Background / Analysis:
A resident recently sent a request to City Council asking the City to reconsider policies relating
to alcohol consumption during park shelter rentals. The City Council briefly discussed this at the
May 2, 2017 work session. Council directed staff to research similar policies from other cities,
discuss it with Parks and Recreation Commission, and return to Council for further discussion.
Other Cities' Policies:
Alcohol in parks policies were reviewed from the communities listed below. Iowa City is the only
one of the group that currently prohibits alcohol in parks. None of the cities below reported
concerns or issues with consumption of alcohol in their parks.
• Coralville — Beer and wine are allowed in the park with the purchase of a $15.00 alcohol
permit obtained at the time of shelter reservation.
• Dubuque — Wine, alcohol and canned beer are allowed. Wine and alcohol must be
served in plastic containers. Keg beer is not allowed except by approval of the Leisure
Services Manager.
• Ames — Keg beer is not allowed in any park. Beer and wine are allowed in Brookside,
Inis Grove, McCarthy Lee, North & South River Valley and Moore Memorial Parks.
Alcohol beverages of any kind are not allowed in any other park areas.
• Cedar Rapids — Canned and bottled beer is allowed in the parks; anything larger than
one quart size requires a $12 permit purchased in person at least 5 business days prior
to the event. Police verify compliance with all permitted events.
X CITY OF IOWA CITY
COUNCIL ACTION REPORT
• Davenport — Authorization for serving alcohol in park facilities requires the user to secure
host liability insurance for event.
• Cedar Falls — Keg beer is not allowed. Alcohol in parks is confined to shelters during
permitted reservations.
The Parks and Recreation Commission reviewed policies from other Iowa cities, heard public
comment, and discussed a change in policies to allow alcohol use in park shelters. The
Commission made a recommendation that the alcohol policy be amended to allow for the
consumption of wine and beer shelters. Additionally, the Commission expressed concerns that
additional fees for either permits or insurance would likely deter renters from complying with a
policy change and asked staff to consider the benefits and cost of all additional fees.
Department representatives from Parks & Recreation, the City Attorney's Office, the City
Manager's Office and Police met to determine how best to implement the change. The
consensus of this group is to recommend a change to the City Code to allow alcohol at all
shelter rentals by right except those at Napoleon Softball and Iowa City Kicker's Soccer
complexes since these two venues primarily cater to youth sports.
No change is recommended to the alcohol policies for Terry Trueblood Lodge and the Ned
Ashton House. The City will continue to require host liability insurance at these facilities. These
policies are more comprehensive due to the size, type of facility and complexity of events held
in these buildings.
Insurance:
The Commission expressed concern about the additional cost to shelter renters by requiring
host liability when alcohol is present. A policy for a one-time event costs approximately $100.
The shelters covered by this proposed change are largely open air shelters. Staff felt that the
amount of potential damage during a shelter use would be covered by the damage deposit
collected for all shelter rentals.
Additional Permit with Additional Fee:
Requiring an alcohol permit with an additional fee of $15-20 was considered. The benefit of a
permit would be to serve as a check to ensure that the person renting the shelter is at least 21
years old. The extra permit would also provide a list of shelter rentals that plan to have alcohol
available to police and park staff. However, requiring an ID check would mean that shelter
reservations could only be done in person at the Recreation Center Customer Service counters
rather than on-line as they are currently available.
Police did not feel that the list of alcohol permits would be appreciably different from the current
list of shelter rentals. Enforcing the age requirement, open container issues outside the shelters
or behavior issues related to alcohol use could be enforced without the need of an alcohol
permit. The City Attorney cautioned that an administrative fee must reflect the additional service
Ir .fikCITY OF IOWA SIT`►'
COUNCIL ATION REPORT
received for the fee. Staff felt that there was not sufficient additional staff time to require the
additional fee.
As a result, issuing a separate permit for alcohol consumption or requiring additional insurance
was determined to not add an appreciable amount of oversight from either police or park staff
and would likely deter park users from following the new regulations.
Restrictions on Type of Alcohol:
The recommendation is to allow only wine and beer inside the shelters. Containers up to the
size of pony keg (the equivalent of 82 - 12 ounce cans) would be allowed. The allowance of
small kegs of beer was based on a previous appeal by residents wishing to bring in growlers or
smaller kegs of home brewed and locally brewed beer not available in individual containers.
If Council approves this ordinance, staff will change the Administrative Policies for parks to
prohibit glass containers. This is in response to clean up and safety issues in the park areas.
Restriction on Consumption at Youth Athletic Facilities:
Staff recommends that alcohol not be allowed in the shelters at the Iowa City Kickers Soccer
Complex or Napoleon Softball Fields as these two areas are primarily used for youth athletic
events.
Administrative Policy vs Ordinance Change:
The City Code currently requires a permit for alcohol in the parks, and in order to allow beer and
wine by right with a shelter reservation, the Code needs to be amended. By placing restrictions
in an ordinance, rather than an administrative policy, staff can issue a municipal infraction for a
violation if necessary.
Kellie Fruehli
From: Judith Pfohl <judypfohl@gmail.com>
Sent: Friday, September 01, 2017 8:05 AM
To: Council I I i � 1,7
Subject: say no to park alcohol
(Date)
This change would counter the effort to reduce alcohol problems in the University and city plus leave messes.
Our Kiwanis park is very family friendly and does not need loud drunken parties or the messes of vomit, cans,
or rubbish left from a kegger. Most people might be polite and take care of the shelters. But, we know not all
groups would be conscientious. How much alcohol related cleanup does the Ped Mall need after a busy
weekend?
Please do not vote for changing the rule about alcohol in the parks.
Sincerely,
Judy Pfohl
2229 Abbey Lane
President Ty'n Cae Neighborhood
Kellie Fruehling
From:
Sent:
To:
Subject:
Dear Council Members,
-- 7
Rachel Smith <rachelzimmermannsmith@gmail.com>
Friday, September 01, 2017 12:32 PM Late Handouts Distributed
Council
Alcohol in Parks
`f 1 17
(Date)
The city has done an amazing job of maintaining and also improving our neighborhood parks,(Willow Creek
and Kiwanis)./ They are heavily used and enjoyed by all of the surrounding neighborhoods.
My husband and I are very much opposed to the proposed ordinance allowing alcohol in our city park shelters.
I fail to see any community benefit to this ordinance, especially a benefit that outweighs the benefit of families
being able to use a clean, safe, park free of the hazards that the use of alcohol presents.
There are more than enough places to drink in Iowa City,. We don't need to add our neighborhood parks to the
list.
Please vote this ordinance down, or table it permanently.
Rachel Smith
Teg Drive
Iowa City
Kellie Frueh
From: Leslie Huber <huberleslie3@gmail.com>
Sent: Friday, September 01, 2017 6:27 PM
To: Council q /S//%
Subject: Please Do not allow alcohol in parks in Iowa City
(Date)
Hello,
Please Do not allow alcohol in parks in Iowa City. There is no reason for people to drink in the park.
As a homowner near Willow Creek park, I worry this would lead to noisier parties and disruptivd
behavior. I do not see any need for parks to allow alcohol.
Thank you for considering our opinion.
Leslie Huber and Enrique Leira
Kellie Fruehlin
From: Yamini Bhagwat <yaminibhagwat@gmail.com>
Sent: Monday, September 04, 2017 9:12 PM Late Handouts Distributed
To: Council
Subject: Please Vote No: beer/wine in park shelters w shelter reservation
Dear City Council Members,
(Date) `
I respectfully urge you to please vote "No" on the ordinance being considered to allow beer and wine in park
shelters with any shelter reservation. Current city ordinances already alllow alcohol at shelters with special
permits from the city making the new ordinance unnecessary. Specifically, I am concerned that the new
ordinance, in effect, decreases oversight of alcohol consumption in park shelters and will open the door
to increased incidents of public intoxication in our parks, making our shared public spaces less safe and less
hospitable. Misuse of alcohol regularly causes stress and tension in our public spaces. Alcohol-related crime is
common in Iowa City.
I use Kiwanis and Willow Creek parks nearly every day along with people of all backgrounds and from
all walks of life including: individuals enjoying our parks in solitude ... or in groups, seniors, children, school
groups, runners, walkers, cyclists, families, gardeners, neighbors, visitors, community organizations, religious
organizations, people with disabilities, youth and adult sports leagues (formal and informal), and many more.
I am concerned that by making it easier to consume alcohol at park shelters right next to our playgrounds,
community gardens and paths, this ordinance will not improve our beautiful, shared public spaces, but will
make them less safe and less predictable for all of us.
Thank you for your work on behalf of the people of Iowa City and for your consideration.
Sincerely,
Yamini Bhagwat
Iowa City, Iowa
• lb
Submitted by Judy Pfohl
PETITION TO IOWA CITY COUNCIL #7
RE: September 5'" Iowa City Agenda, Item 7. "Alcohol in parks - Ordinance amending Title 4, entitled
"Alcoholic Beverages" and Title 10, entitled "Public Ways and Property," to allow alcohol in park shelters.
(Pass and Adopt) Comment: The Code currently allows alcohol in City parks by a permit issued by the City.
This ordinance will allow alcohol in a park shelter with any park shelter reservation. Possession of alcohol will
be limited to the shelter itself, and only beer and wine will be allowed. Staff requests indefinite deferral."
We the undersigned recommend the Iowa City Councilindefinite tele defer its final vote on allowing the
consumption of beer and wine inside city park shelters. This amendment by loosening alcohol
restrictions is contrary to the Partnership for Alcohol Safety between the city and the University of
Iowa.
t 223f iNbed Zone
r' ------------------r � T = 19 - -- - - r
— —�cD__ �
------------------ — ---�
94-/7
-- -- ---- -- --------------
- ---------- --------------------------------- -- - -
- - -- ----------------- -'3°'►=- =r------- --`�-7
r--
'/5
1 - -------- -'- -- l-� --- -- drr
JY
PETITION TO IOWA CITY COUNCIL
RE: September 5h Iowa City Agenda, Item 7. "Alcohol in parks - Ordinance amending Title 4, entitled
"Alcoholic Beverages" and Title 10, entitled "Public Ways and Property," to allow alcohol in park shelters.
(Pass and Adopt) Comment: The Code currently allows alcohol in City parks by a permit issued by the City.
This ordinance will allow alcohol in a park shelter with any park shelter reservation. Possession of alcohol will
be limited to the shelter itself, and only beer and wine will be allowed. Staff requests indefinite deferral."
We the undersigned recommend the Iowa City Council indefinitely defer its final vote on allowing the
consumption of beer and wine inside city park shelters. This amendment by loosening alcohol
restrictions is contrary to the Partnership for Alcohol Safety between the city and the University of
Iowa.
7
J
5
PETITION TO IOWA CITY COUNCIL
RE: September 5s' Iowa City Agenda, Item 7. "Alcohol in parks - Ordinance amending Title 4, entitled
"Alcoholic Beverages" and Title 10, entitled "Public Ways and Property," to allow alcohol in park shelters.
(Pass and Adopt) Comment: The Code currently allows alcohol in City parks by a permit issued by the City.
This ordinance will allow alcohol in a park shelter with any park shelter reservation. Possession of alcohol will
be limited to the shelter itself, and only beer and wine will be allowed. Staff requests indefinite deferral."
We the undersigned recommend the Iowa City Council indefinitely defer its final vote on allowing the
consumption of beer and wine inside city park shelters. This amendment by loosening alcohol
restrictions is contrary to the Partnership for Alcohol Safety between the city and the University of
Iowa.
Name Signature Address Date
�"=---'-`--------------- ---------------'z 2 5 f� L--------- - ------
Old
Y -�` - �- -
- C ra,_19f-------- - - ---- - - --- - ��- fix'--�j---°---------------
_-------- r 3%yn��y------------- == -
tv
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-3565030
Ordinance number:
Ordinance amending Title 4, Alcoholic Beverages, Chapter 5,
Prohibitions and Restrictions, Section 8, Persons Under the Legal
Age in Licensed or Permitted Establishments, Subsection C,
referencing the city's under 21 law, adding an exception for those
working with a law enforcement agency.
Whereas, the University of Iowa Department of Public Safety, in cooperation with the Iowa
City Police Department, are implementing a "Students Helping Out", or "SHOUT' pilot program;
and
Whereas, the SHOUT employees will be University of Iowa students, some of whom will not
yet have reached legal age to remain in licensed establishments past 10:00 p.m.; and
Whereas, the City wishes for those SHOUT employees under legal age to be able to enter
licensed establishments while on duty whenever those establishments are open, pursuant to
their mission to help those in need of assistance; and
Whereas, the Iowa City Police Department also wants to clarify that underage individuals
assisting them with compliance checks or otherwise working in conjunction with a law
enforcement agency should be exempt from application of the ordinance; and
Whereas, it is in the best interest of the City to adopt this amendment.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
Title 4, Alcoholic Beverages, Chapter 5, Prohibitions and Restrictions, Section 8,
Persons Under the Legal Age in Licensed or Permitted Establishments, Subsection C is
hereby amended by adding the following sentence at the end of Subsection C:
7. The person is working in conjunction with a law enforcement agency in performance of
their official duties.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision
of this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective date. This Ordinance shall be effective upon publication.
Passed and approved this day of 2017.
MAYOR
ATTEST:
CITY CLERK
Approved by
\ Pall,
( /
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
First Consideration 09/05/
Voteforpassage: AYES:
Throgmorton, Botchway
Second Consideration _
Vote for passage:
Date published
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
i
Cole, Dickens, Mims, Taylor,Thomas,
NAYS: None ABSENT: None
that the
T 1 CITY OF IOWA CIT
�r� COUNCIL ACTION REPO 8
September 5, 2017
Ordinance amending Title 4, Alcoholic Beverages, Chapter 5, Prohibitions
and Restrictions, Section 8, Persons Under the Legal Age in Licensed or
Permitted Establishments, Subsection C, referencing the City's under 21
law, adding an exception for those working with a law enforcement agency
Prepared By: Jody Matherly, Police Chief
Eric Goers, Assistant City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
This Amendment to the City's Under 21 ordinance will make clear that those working in
conjunction with a law enforcement agency will be exempt. This will accommodate those
participating in the University's new Students Helping Out ("SHOUT") program, as well as those
engaged in ride-alongs or compliance checks.
Background / Analysis:
The University of Iowa has started a program to provide student patrols downtown during high
traffic, weekend hours with a focus on bystander intervention and overall safety. Students
Helping Out (SHOUT) will be available to assist patrons visiting downtown Iowa City on
Thursday, Friday, and Saturday nights between the hours of 11 pm and 3am. SHOUT students
will focus on overall safety of patrons and provide bystander intervention when necessary.
SHOUT will provide resources to people downtown, connecting students and non -students with
Nite Ride, providing transportation, helping to set up Rave Guardian profiles, and assisting
patrons who appear to need assistance.
Under the direction of University of Iowa Department of Public Safety with the assistance of
Iowa City Police Department, SHOUT patrols will focus on areas where people congregate:
inside bars and restaurants, the Pedestrian Mall, Iowa City owned parking ramps, and areas
where taxis gather.
tti
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance number:
Ordinance amending Title 9, Motor Vehicles and Traffic, Chapter 3,
Rules of the Road, Section 9, General Driving Restrictions,
Subsection C, referencing unattended vehicles, to allow safely parked
vehicles with the motor running to be left unattended, matching State
code.
Whereas, current City law prohibits vehicles from being left unattended unless their motor is
turned off and the ignition keys removed; and
Whereas, the growing prevalence of remote start functionality, as well as keyless ignition,
has rendered those portions of this ordinance obsolete; and
Whereas, the State recently amended Iowa Code section 321.362, their own unattended
motor vehicle law, to eliminate the requirement that vehicles have their motor turned off and key
removed when unattended, while preserving the requirement that such vehicles be safely
secured; and
Whereas, the Iowa City Police Department believes the change in State law is appropriate,
and should be mirrored at the local level; and
Whereas, it is in the best interest of the City to adopt this amendment.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
Title 9, Motor Vehicles and Traffic, Chapter 3, Rules of the Road, Section 9, General
Driving Restrictions, Subsection C is hereby amended by deleting it in its entirety, and
replacing it the following language:
C. Responsibility for Unattended Motor Vehicles: A person driving or in charge of a motor
vehicle shall not permit the vehicle to stand unattended upon any perceptible grade
without effectively setting the brake and turning the front wheels to the curb or side of the
highway.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision
of this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective date. This Ordinance shall be effective upon publication.
Passed and approved this day of 2017.
MAYOR
ATTEST:
CITY CLERK
11
A7ved by
Elxa�,?Zr 7
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
First Consideration 09/05/2017
Voteforpassage: AYES:
Throgmorton, Botchway,
Second Consideration _
Vote for passage:
Date published
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Dickens, Mims, Taylor, Thomas,
Cole. NAYS: None ABSENT: None
that the
I r �
4110
�
. ,®,�0
CITY OF IOWA CIT 09-05-17
COUNCIL ACTION REPO 9
September 5, 2017
Ordinance amending Title 9, Motor Vehicles and Traffic, Chapter 3,
Rules of the Road, Section 9, General Driving Restrictions,
Subsection C, referencing unattended vehicles, to allow safely parked
vehicles with the motor running to be left unattended, matching State
code
Prepared By: Jody Matherly, Police Chief
Eric Goers, Assistant City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: None
Recommendations: Staff: Approval
Commission: None
Attachments: Ordinance
Executive Summary:
The current City ordinance prohibits vehicles from being left unattended unless their motor is
turned off and the ignition keys removed. The growing prevalence of remote start functionality,
as well as keyless ignition, has rendered those portions of this ordinance obsolete. For that
reason, the State legislature recently eliminated those requirements, while preserving the
requirement that such vehicles be safely secured. The ICPD wishes to mirror that change in our
own law.
)o.
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance No.
Ordinance amending Title 17, entitled "Buildinand Housing," Chapter 5,
entitled Housing Code, to provide for tRe abatement of rent in
emergencies.
Whereas, Section 364.17(3)(a)(8) of the Code of Iowa grants municipalities the authority to
abate rent if a dwelling does not comply with the housing code;
Whereas, the City's Affordable Housing Action Plan includes a provision to allow the City to
order that rent be abated in an emergency;
Whereas, the Building Official should have the authority to abate rent in certain instances
when the Housing Code violations pose a substantial risk to the health or safety of the tenant
and when the landlord fails to obtain a rental permit; and
Whereas, it is in the City's interest to adopt this ordinance.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1. Title 17, entitled "Building and Housing," Chapter 5, entitled
"Housing Code," Section 9, entitled "Emergency Orders," is amended by adding the following at
the end of Section 9:
Notwithstanding Section 17-5-11, rent shall be abated if the inspector issues an emergency
order for failure to comply with the Housing Code and the owner fails to repair the condition
giving rise to the order within 5 days. Rent abatement means that the owner may not recover
rent from the tenant. The effective date of the abatement is the date the inspector issues the
emergency order. Notice to the owner and tenant of the rent abatement shall be given in the
same manner as in 17-5-11.
2. Title 17, entitled "Building and Housing," Chapter 5, entitled
"Housing Code," Section 10, entitled "Placarding of Structures; Condemnation Referrals," is
amended by adding the following at the end of Section 10:
Notwithstanding Section 17-5-11, rent shall be abated if the Building Official placards the
dwelling unit for violation of the Housing Code for more than 5 consecutive days. Rent
abatement means that the owner may not recover rent from the tenant. The effective date of
the abatement is the date the dwelling unit was placarded. Notice to the owner and tenant of
the rent abatement shall be given in the same manner as in 17-5-11.
3. Title 17, entitled "Building and Housing," Chapter 5, entitled
"Housing Code," Section 11, entitled "Fees," is renumbered as Section 24.
4. Title 17, entitled "Building and Housing," Chapter 5, entitled
"Housing Code," is amended by adding the following new Section 11, entitled "Rent Abatement":
A. The Building Official may order rent abated when the Building Official determines that the
owner has, after issuance of a notice of violation of the Housing Code:
1) failed to provide an essential service(water, sewer, electricity, heat);
2) failed to remedy a condition that poses a substantial risk to the health or safety of the
tenant; or
3) rented a dwelling unit without a rental permit.
B. Rent abatement means that the owner may not recover rent from the tenant. Rent shall
be abated until the condition for which rent abatement was ordered has, in the judgment of the
Building Official, been remedied.
C. The Building Official shall provide a copy of the rent abatement order to the owner at the
address on the rental permit and to the tenant by U.S. mail and by posting the entrance door to
dwelling unit. Notice of termination of the rent abatement order will be given in the same
manner.
Section It. Repealer. All ordinances and parts of ordinances in conflict with the provision of
this Ordinance are hereby repealed.
Section IV. 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 unconstitutional.
Section V. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 2017.
Mayor
City Clerk
Approved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 09/05/2017
Vote for passage: AYES: Mims, Taylor, Thomas, Throgmorton,
Botchway, Cole, Dickens. NAYS: None ABSENT: None.
Second Consideration
Vote for passage:
Date published
t,r ,
TW
CITY OF IOWA C1 T 09-05-17
COUNCIL ACTION REPO i°
September 5, 2017
Ordinance amending Title 17, entitled "Building and Housing," Chapter 5,
entitled "Housing Code," to provide for the abatement of rent in
emergencies.
Prepared By: Susan Dulek, Ass't. City Attorney
Reviewed By: Geoff Fruin, City Manager
Tracy Hightshoe, Neighborhood Services Coordinator
Doug Boothroy, NDS Director
Stan Laverman, Senior Housing Inspector
Fiscal Impact: No impact
Recommendations: Staff: Approval
Commission: N/A
Attachments: ordinance
Executive Summary:
The Code of Iowa grants municipalities the authority to abate rent if a dwelling does not comply
with the housing code. The City's Affordable Housing Action Plan includes a provision to allow
the City to order that rent be abated in an emergency. This ordinance allows the City to order
that rent be abated in certain instances.
Background /Analysis:
The City's Affordable Housing Action Plan includes a provision to allow the City to order that
rent be abated in an emergency, which was partly in response to the condition of Rose Oaks in
2016. The City Code currently authorizes the City to issue emergency orders in certain
instances and to placard structures in certain instances.
This ordinance allows the City to order rent be abated as part of an emergency order or if the
unit is placarded. Additionally, the City can order rent to be abated if the landlord fails to comply
with a notice of violation for a) failing to provide an essential service (water, sewer, electricity,
heat); 2) failing to remedy a condition that poses a substantial risk to the health or safety of the
tenant; or 3) renting a dwelling unit without a rental permit.
The ordinance requires the City to send the tenant a copy of the order to abate rent and to post
the entrance door to the rental unit. Because the problems giving rise to the emergency order
or placarding are often cured quickly, rent will not be abated unless the problem is not resolved
in 5 days. However, the effective date of the abatement is the date the order was issued or the
unit was placarded.
If rent is abated, the tenant is not legally liable for rent. Therefore, if rent is abated, the tenant
cannot be evicted by the court for nonpayment of rent that was abated. Similarly, the landlord
cannot legally withhold all or part of the rental deposit for rent that was abated.
Affordable Housing Action Plan:
15 Action Steps
15. Rent abatement for emergency orders
when vacation of property is not necessary (use
simpler language for ease of understanding).
Rent Abatement Highlights
• State Code allows Cities to seek rental abatement
when a dwelling is not in compliance with the
housing code.
• Rent
abatement will be a
City
initiated action
with
notices provided
to
both
the
tenant and
the
landlord.
• With rent abatement the landlord can not legally
evict for non-payment of rent for the rent that
was abated or withhold the rental deposit for the
rent that was abated.
For more information, contact
Stan Laverman, Senior Housing Inspector
Stan-laverma n C@ iowa-citv.o
319.356.5135
Prepared by: John Yapp, 410 E. Washington Street, Iowa City, IA 52240; 319-5252
Ordinance No.
Ordinance amending Title 18, Site Plan Review, to require
notification to occupants and an occupant transition plan for any
additions or alterations to a residential development with more than 12
residential units
Whereas, the Comprehensive Plan supports mitigating the impact of large-scale residential
redevelopment on occupants of proposed projects involving remodeling or reconstruction of
existing multi -family residential dwellings by fostering communication between property owners
and occupants through sufficient notice requirements; and
Whereas, the Comprehensive Plan encourages developers of such projects to create
transition plans to provide information to occupants regarding any construction activity which may
affect residents; and
Whereas, the Comprehensive Plan supports infill development and redevelopment
opportunities in areas where services and infrastructure are already in place; and
Whereas, the 2015 Update to the Affordable Housing Market Analysis and the CITY STEPS
Consolidation Plan document affordable housing issues and trends in the Iowa City market, noting
that the affordable housing needs in the Iowa City market are unmet and growing; and
Whereas, the City currently requires a major site plan approval for redevelopment projects
impacting more than 12 residential units; and
Whereas, residents of such redevelopment may be required to relocate as a result of such
redevelopment, making notice and communication essential to mitigating the impact of such
relocation, particularly given the unmet and growing need for affordable housing; and
Whereas, City Council approval of occupant transition plans for redevelopment projects
containing more than 12 residential units, for which approval of a major site plan is required, will
emphasize the importance of fostering communication between the owner and those persons who
may be required to move as a result of the redevelopment, and seeks to educate such residents
about alternative housing options.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I Approval. Title 18, Site Plan Review in hereby amended as follows:
A. 18-1-1 Purpose: Amend by deleting Section B(3), renumbering the subsequent sections, and
adding the following as Section H:
H. Mitigate the impact of redevelopment on occupants of proposed projects involving the
remodeling or reconstruction of existing multi -family residential dwellings by fostering
communication between the property owner and the occupants.
B. 18-2-1 General Procedures. Amend by deleting it and renumbering the subsequent articles
accordingly.
C. 18-2-2 Submittal Requirements: Amend by inserting the following as Section A and
renumbering the subsequent sections accordingly:
A. General: An application for site plan approval shall be submitted to the City with the
required review fee, as established by resolution of the city council. The application shall be
deemed complete upon filing the payment and all information required pursuant to this Article.
Ordinance No.
Page 2
D. 18-2-2(B) Major Site Plans: Amend by inserting a reference to Section B (minor site plans, as
amended by this ordinance) in the introductory sentence and add the following subsections 6 and
7:
Submittal information for major site plans must include all the information contained in
sections A and B of this article, plus the following additional information:
6. Within twenty four (24) hours of submitting an application for major site plan approval, the
applicant shall post notice on the subject property of intent to develop on the site. The notice
to be posted will be provided by the city and shall be posted as directed by the city. For Major
Site Plans involving any additions or alterations to existing development containing over 12
residential units, the applicant, within 24 hours of submitting an application for major site plan
approval, shall mail written notice to all current occupants of the development property
informing them of the application and intention to develop on the site, the anticipated
construction timeline, and phasing of the project. The applicant shall furnish evidence
satisfactory to the City that such notice requirements have been satisfied before the
application will be considered complete.
7. For Major Site Plans involving any additions or alterations to existing development
containing over 12 residential units, the applicant shall submit an occupant transition plan if
there are any occupants of the development on the date the application is submitted. Such a
plan must include the number of current occupants; a general description of current
contractual obligations between the owner and the occupant(s); when any leasehold interest
expires; and a construction timeline and phasing plan.
E. 18-2-3 Approval/Denial Process. Amend by deleting it and replacing it with the following:
A. Minor Site Plans shall be reviewed administratively. Major Site Plans shall be reviewed
administratively unless a request for Planning and Zoning Commission review is made in
accordance with Section B below.
i. Except for major site plans involving any additions or alterations to existing development
containing over 12 residential units, the building official shall review and comment, approve,
approve with conditions, or deny such site plans submitted within twenty-one (21) working
days after application.
ii. Where an occupant transition plan is required pursuant to 18-2-2(c)(7) above, in no'
event shall the site plan be approved until the City Council has considered and approved said
occupant transition plan. In approving the occupant transition plan, Council may impose
conditions to address the impact of the redevelopment on occupants of the property, but may
not prevent either the landlord or the tenant from exercising its rights under any lease and/or
Iowa law, including but not limited to those of eviction, a decision not to renew existing leases
or a challenge by a tenant thereto, and may not alter the terms of the lease/right of possession
by imposing requirements that relocation benefits or other assistance be provided.
B. For Major Site Plans, the Director Neighborhood Development Services or those owners of
twenty percent (20%) or more of the property located within two hundred feet (200') of the
exterior boundaries of the proposed development site, may request review of the site plan by
the planning and zoning commission. The request must be in writing and must be filed with
the building official within twenty (20) days of submission of the original application or within
twenty (20) days of the posting requirements set forth in section 18-2-1 of this chapter,
whichever is later. When such a request is received, the planning and zoning commission may
review and approve, review and approve with conditions, or review and deny said plan within
twenty (20) working days of receipt of the written request for planning and zoning commission
review. The commission's scope of review shall be the same as that of the building official.
Ordinance No.
Page 3
C. Upon site plan approval by the building official or the planning and zoning commission, a
building permit may be issued.
Section II. Repealer. All ordinances and parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to
be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a
whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of
Mayor
Attest:
City Clerk
(• m
Approved by:
a4'�'
City Attorney's Office a0' 21117
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT: ABSTAIN:
First Consideration 09/05/2017
Vote for passage: AYES:
Cole, Dickens, Mims
Second Consideration _
Vote for passage:
Date published
that the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Taylor, Thomas, Throgmorton, Botchway,
NAYS: None ABSENT: None
t r �
r
sr A�III�'��S
C I T Y O F 10 WA C I T 09.05-17
COUNCIL ACTION REPO 11
September 5, 2017
Ordinance amending Title 18, Site Plan Review, to require notification to
occupants and an occupant transition plan for any additions or alterations
to a residential development with more than 12 residential units
Prepared By: John Yapp, Development Services Coordinator
Reviewed By: Doug Boothroy, Director, Neighborhood and Development Services
Sara Hektoen, Assistant City Attorney
Geoff Fruin, City Manager
Fiscal Impact: N/A
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
The Comprehensive Plan was recently amended to support mitigating the impact of
redevelopment on occupants by fostering communication between property owners and
occupants. This ordinance will formalize requirements for occupant notification and an occupant
transition plan for redevelopment or alterations associated with major site plans (residential
projects more than 12 units in size).
Background / Analysis:
The Comprehensive Plan was recently amended to add a goal to "mitigate the impact of
redevelopment on occupants of proposed projects involving the remodeling or reconstruction of
existing multi -family residential dwellings by fostering communication between property owners
and occupants through sufficient notice requirements, and encouraging the developer to create
thoughtful transition plans that seek to accommodate the relocation needs of current
occupants." The intent of this goal is to ensure occupants have timely and adequate information
related to the impact of construction on their dwelling units, and to provide a public forum to
review occupant transition plans.
This ordinance affects major site plans (more than 12 units in size), particularly those which are
not associated with a rezoning process. For projects which are associated with a rezoning
process, the occupant transition plan may be required as part of a conditional zoning
agreement.
The proposed ordinance has the following essential elements:
• Within 24 hours of submitting an application for major site plan approval, the applicant
shall mail written notice to all current occupants of a development informing them of the
application and intention to develop on the site, the anticipated construction timeline, and
project phasing.
• The applicant shall submit an occupant transition plan if there are any occupants on the
site the date the application is submitted. The plan must include the current number of
occupant transition plan car gf.docx
CITY OF IOWA CITY
COUNCIL ACTION REPORT
occupants, a general description of current contractual obligations, when any leasehold
interest expires, and a construction timeline and phasing plan.
• When occupant transition plans are required, the major site plan shall not be approved
until the City Council considers and approves said occupant transition plan.
• In approving the occupant transition plan, the City Council may impose conditions to
address the impact of redevelopment on occupants of the property (such as certain
timeframes), but may not prevent either the landlord or the tenant from exercising their
rights under and lease and/or Iowa law, such as a decision not to renew leases, eviction
for cause, and may not alter the terms of the lease/right of possession by imposing
requirements that relocation benefits or other assistance be provided.
The focus on major site plans (more than 12 residential units) is due to these larger projects
having more of a potential impact on area human service agencies, the rental market, and
requests for relocation assistance. Small remodeling and redevelopment site plan/projects,
which have not raised the same level of concern or impacts, would continue to be reviewed as
they have been without the requirement for occupant transition plans.
This ordinance fulfills one of the goals of the Affordable Housing Action Plan to require Council
approval of major site plans when 12 or more households will be displaced and there is no
accompanying rezoning, and to require transition plans to better inform residents and the
general public.
occupant transition plan car gf.docx