HomeMy WebLinkAbout2017-09-19 Ordinance!�_Ot1
Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ17-00010)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING 2.4 ACRES OF PROPERTY FROM MEDIUM DENSITY
SINGLE-FAMILY (RS -8) ZONE TO PLANNED DEVELOPMENT OVERLAY- MEDIUM DENSITY
SINGLE-FAMILY RESIDENTIAL (OPD -8) ZONE LOCATED ON DODGE STREET COURT. (REZ17-
00010)
WHEREAS, the applicant, Build to Suit, has requested a rezoning of property located north of Dodge
Street Court, east of Conklin Lane and south of Dodge Street from Medium Density Single Family (RS -8)
Zone to Planned Development Overlay — Medium Density Single Family Residential (OPD -8) Zone and
submitted a preliminary plat and sensitive areas development plan contemporaneously therewith; and
WHEREAS, the Comprehensive Plan - North District Plan indicates that residential uses are appropriate
for the property; and,
WHEREAS, the North District Plan indicates that the design of any development on this property should
be compatible with the adjacent residential neighborhood; and,
WHEREAS, there are sensitive environmental features on the property, namely wooded steep ravines,
and the sensitive areas ordinance as applied through the planned development process allows flexibility in
the housing types and clustering of development density to avoid disturbance of these sensitive features;
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined
that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for
neighborhood compatibility with regard to building design, widening of the street right-of-way to improve
conditions for pedestrian access and safety, careful site design to address stormwater drainage; and
WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable
conditions on granting an applicant's rezoning request, over and above existing regulations, in order to
satisfy public needs caused by the requested change; and
WHEREAS, the applicant has 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; and
WHEREAS, pursuant to Iowa City Code of Ordinances 14 -8D -6C, approval of this rezoning request shall
constitute approval of the preliminary sensitive areas development plan.
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 designation of RS -8 to OPD -8:
The East 238.86 feet of Lot 3 in Jacob Ricord's subdivision of the NE '% SW '/< of Section 2, Twp. 79
N, Range 6 West of the 5th P.M., according to the plat thereof recorded in Book 15, page 146, Deed
Records of Johnson County, Iowa. Survey recorded in Plat Book 4, page 119, Plat Records of
Johnson County, Iowa.
And also:
That part of Lot 2 lying south of the current southeast right-of-way line of Iowa Highway #1, located in
the Official Plat of Jacob Ricord's Subdivision of the NE '% SW % of Section 2, Township 79 North,
Range 6 West of the 5'h P.M., now in the City of Iowa City, Johnson County, Iowa.
Combined Parcels contain 2.40 acres, and are subject to easements and restrictions of record
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.
Ordinance No.
Page 2
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 the associated planned
development plan (labeled Preliminary Plat and Sensitive Areas Development Plan) 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 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 2017.
MAYOR
ATTEST:
CITY CLERK
App oved by
WCGr
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:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 09/19/2017
Vote for passage: AYES: Cole, Dickens, Mims, Taylor, Thomas,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the
Prepared by: Karen Howard, Associate Planner,410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ17-00010)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and Focus Commercial (hereinafter "Owner").
WHEREAS, Owner is the legal title holder of approximately 2.40 acres of property
located north of Dodge Street Court, east of Conklin Lane and south of Dodge Street; and
WHEREAS, Owner and Build to Suit have requested the rezoning of said property from
Medium Density Single Family Residential (RS -8) to Planned Development Overlay — Medium
Density Single Family Residential (OPD -8) and submitted a preliminary plat and sensitive areas
development plan contemporaneously therewith; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and
determined that it complies with the Comprehensive Plan provided that it meets conditions
addressing the need for neighborhood compatibility with regard to building design, widening of
the street right-of-way to improve conditions for pedestrian access and safety, and careful site
design to address stormwater drainage; and
WHEREAS, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's 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 and the need for compatibility with the surrounding neighborhood, pedestrian safety and
access, and to address stormwater drainage; 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. Focus Commercial is the legal title holder of the property legally described as:
LEGAL DESCRIPTION
The East 238.86 feet of Lot 3 in Jacob Ricord's subdivision of the NE % SW '/< of
Section 2, Twp. 79 N, Range 6 West of the 5th P.M., according to the plat thereof
recorded in Book 15, page 146, Deed Records of Johnson County, Iowa. Survey
recorded in Plat Book 4, page 119, Plat Records of Johnson County, Iowa. Subject to
easements and restrictions of record.
IT,TIR
That part of Lot 2 lying south of the current southeast right-of-way line of Iowa Highway
#1, located in the Official Plat of Jacob Ricord's Subdivision of the NE '% SW '%4 of
Section 2, Township 79 North, Range 6 West of the 5th P.M., now in the City of Iowa
City, Johnson County, Iowa.
Combined Parcels contain 2.40 acres, and are subject to easements and restrictions of
record.
1 of 3
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the North District Plan. Further, the parties acknowledge
that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose
reasonable conditions on granting an applicant's 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 agree that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Building designs shall be reviewed and approved by the City's Design Review
Committee to ensure compliance with the planned development standards for
townhouse -style buildings prior to issuance of a building permit;
b. Owner shall dedicate sufficient land along the entire property frontage along Dodge
Street Court to widen the Dodge Street Court right-of-way to 50 feet prior to issuance
of a building permit.
c. Development on the subject properties shall be designed to drain on-site storm water
away from Dodge Street Court to the extent possible and shall be designed to prevent
erosion in the steep ravines and on abutting properties. Prior to approval of the final
sensitive areas development plan and issuance of a building permit, the City Engineer
shall review and approve the drainage plan to ensure these conditions are addressed.
4. The Owner 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 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 acknowledge(s) 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.
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 Owner's expense.
2 of 3
Dated this day of
CITY OF IOWA CITY
Mayor
Attest:
City Clerk
r. ved`bbyy:
C,
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
2017.
Foc mmercial
By: JftsaJ \.\AFDE2
This instrument was acknowledged before me on
2017 by James
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 Seal)
CORPORATE ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
as
°1 2017 by
of Focus Commercial.
A)su A-c_�
Notary Public in an or said County a d State
(Stamp or Seal)
3 of 3
tui Fi:`•LC.ir�TOU.1
f F Coma::_::an Numcsr 7411.51
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5C4
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ17-00013)
Ordinance No. 17-4722
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 1 10'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. 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 19th day of September 20 17
Ordinance No. 17-4722
Page 2
M yor
Approved by:
Attest: �!%rvtor��'
City Clerk City Attorney's Office e t o / 17
Ordinance No. 17-4722
Page 3
It was moved by Dickens and seconded by Botchway 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 08/15/2017
Vote forpassage:AYES : Mims, Taylor, Thomas, Throgmorton,
Botchway, Cole. NAYS: None. ABSENT: Dickens
Second Consideration 09/05/2017
Voteforpassage: AYES:Mims,Taylor, Thomas, Thro gmor ton, Bo tchway
Cole, Dickens. NAYS: None ABSENT: None
Date published_ 09/28/2017
r
CITY OF IOWA CIT --
MEMORAN®�N/wl�
�_�',
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 20" 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 14-213-8 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: / Z L
John Yapp, Development Service Coordinator
Department of Neighborhood and Development Services
P
���ia®ter CITY OF IOWA CITY
� MEMOR
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 14-313 & 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 20th 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
Applicant's Statement for Rezoning:
As a significant piece of Iowa City history, and a prime example of one of the few 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 Coralvilie.
The architectural drawings for the building were adapted from the book, Plans far 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 tie basic plan" and while many aspects of the building follow the
Legal Description: IOWA CITY (ORIGINAL TOWN) N 110' LOT 4 BLK 44
c—
Property Location Map:rn
>3
Applicant's Statement for Rezoning:
As a significant piece of Iowa City history, and a prime example of one of the few 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 Coralvilie.
The architectural drawings for the building were adapted from the book, Plans far 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 tie 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 20th
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 impossibleputting the church in jeopardy of being demolished for future development.
a
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site inventory Form State Inventory No. 62-01739 ❑ New 0 Supplemental
State Historical Society of Iowa ❑ Part of a district with known boundaries (enter inventory no.)
(December 1, 1983) Relationship: ❑ Contributing ❑ Noncontributing
❑ Contributes to a potential district with }yet 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 names/site number
2. Location
street & number 10 South Gilbert Street
city or town Iowa City ❑ vicinity, county Johnson
Legal Description: (If Rural)Township Name Township No. Range No. Section Quarter of Quarter
(If Urban) Subdivision Oriainal Town Block(s) 44 Lot(s) N 110' Lot 4
one
district
site
Enter number of:
1 buildings
Contributina Noncontributin
_ _ buildings
structure
_ sites
_ _ sites
object
_ structures
_ _ structures
objects
_ _ objects
Total
_ _ Total
Name of related project report or multiple property study (Enter'WA' ff the property Is not part of a multiple property examination).
Title Historical Architectural Data naso Number
06A01 RELIGION/Church
from instructions) Current Functions (Enter categories from instructions)
from
06D LATE 19th & EARLY 20th CENTURY REVIVALS/
Tudor Revival
Narrative
SEE CONTINUATION
06A01 RELIGION/Church
categories vrom
foundation 10 CONCRETE
walls 03 BRICK & 06 STUCCO
roof 08A ASPHALT/Shingle
other
WHICH MUST BE COMPLETED)
Yes 0 No ❑ 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 ® No ❑ More Research Recommended
C Property has distinctive architectural characteristics.
Yes ® 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 Considerations
® A Owned by a religious institution or used ❑ E A reconstructed building, object, or structure.
for religious purposes. ❑ F A commemorative property.
❑ B Removod from Its original location. ❑ G Less than 50 years of age or achieved significance within the past
❑ C A birthplace or grove. 50 years,
❑ D A cemetery
Areas of Significance (Enter categories from instructions)
27M RELIGION/Other Protestant
Significant Dates
Construction date
1907 Z check If circa or estimated date
Other dates
Significant Person Architect/Builder
(Complete if National Register criterion S is marked above) Architect
unknown
Bu#der
_
unknown
Narrative Statement of Significance ('® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED)
9. Major Bibliographical References
this form
nameltitle Marius A. Svendsen
organization Svendsen Tyler. Inc.
street & number N3834 Deep Lake Road
city or town Sarong
date 9/2000
telephone 715/489-3300
state WI zip code 54870
ADDITIONAL DOCUMENTATION (submit the following Hems with the completed Corm)
FOR ALL PROPERTIES
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. lithe 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:
Roll/snde sheet # 9642 Frame/slot # 24 Date Taken 1029/99
RolVsiide sheet # Framelslot # Date Taken
Roll/slide sheet # Frama/slot # Date Taken
BSee continuation sheet or attached photo & slide catalog sheet for list of photo roll or slide entries.
Photoshllustrations without negatives are also in this site Inventory file.
FOR CERTAIN KINDS OF PROPERTIES, INCLUDE THE FOLLOWING AS WELL
1. Farmstead & 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.
State Historic Preservation Office (SHPO) Use Only Below This Line
Iowa Department of Cultural Affairs
State Historical Society of lok'va Site Number 82-01739
lova, Site Inventoty Purr Related District Number
Continuation Sheet
City
7. Narrative Descriotion
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 Style 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 and 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 half 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, foxed sash including triple windows set between the brick and stone buttresses.
The south fa,ade 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 85'
(north and south) and 80' (east and west). In keeping with modem Unitarlan-Universalist 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 Significance
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 Unitarlan-Universalist Church is located along Iowa Avenue four blocks east of Old Capitol, a National
Historic Landmark, and the Pentecrest, 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
quarler-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 1888. 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-Unitarlan 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 built
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 Unkarian-Universalist Society of Iowa City took ownership from the First Unitarian Society in 1988.
Iowa DepaLiment of Cultural Affairs
State Historical Society of Iowa Site Numberas -0ii49
€Dees Site f nventory," Form Related Distria Number
Continuation Sheet
9. Maiorl3lblicoraohic References
lova 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.
Senbom maps, 1874, 1879, 1888, 1892, 1899, 1908,1912, 1920, 1928, 1933, and 1933 updated to 1970.
Aumer, Charles Ray. l me rt^^ --'-'- County, Iowa History, Vol 2. Cedar Rapids: Western Historical
Press, 1912, pt
Additional Documents'
Plat Map:
Julie Voparil Late Handouts Distributed
From: Ginalie Swaim <ginalieswaim@me.com>
Sent: Tuesday, January 31, 2017 1:45 PM
To: Council
Subject: Why the Unitarian Church is Historically Significant (Date)
City Council: I apologize for this very late correspondence. 1 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.
15r11s
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 comer 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 shouid not be a steeple, and homely
touches—dark 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 streetscape 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
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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
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 (REZ17-00013):
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 I 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 / 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
HISTORIC PRESERVATION
JULY 31, 2017
EMMA HARVAT HALL
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
PRELIMINARY
COMMISSION
Thomas Agran, Esther Baker, Gosia Clore, Sharon DeGraw, G. T.
Karr, Pam Michaud, Ginalie Swaim
Kevin Boyd, Zach Builta, Cecil Kuenzli, Frank Wagner
Jessica Bristow, Bob Miklo
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.
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.
Se,
Prepared by. Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ17-00009)
Ordinance No. 17-4723
An ordinance conditionally rezoning approximately 21.77 acres 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. (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-
D, 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 S89°48'18"E, ALONG THE
NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 634.15
FEET; THENCE S21052'26"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 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. 17-4723
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
N00016'13"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 S55009'02"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 N50014'53"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 S22017'21"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 N89°47'31"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 S47°44'46"E, ALONG SAID
SOUTHERLY LINE, 93.04 FEET; THENCE S29033'01"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 N89047'31"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 II. Zoning Mao. 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 Aqreement. 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. 17-4791
Page 3
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 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 19th day of September 20 17
G
MAKYOR
ATTEST.
ITY CLERK
App oved by
City Attorneys Office 7 / //
Ordinance No. 17-4723
Page 4
It was moved by Mims and seconded by Botchway
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
Voteforpassage: AYES: Taylor, Thomas, Throgmorton,
Botchway, Cole, Mims. NAYS: None. ABSENT: Dickens
Second Consideration 09/05/2017
Voteforpassage: AYES: Taylor, Thomas, Throgmorton,Botchway,
Cole, Dickens,Mims. NAYS: None ABSENT: None
Date published 09/28/2017
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
S21052'26"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
ppdadadagVrez17-00009 wnditional zoning agreement.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 N40013'58"E, ALONG SAID SOUTHERLY LINE, 108.48 FEET;
THENCE N78000'56"E, ALONG SAID SOUTHERLY LINE, 223.03 FEET; THENCE
N71000'01"E, ALONG SAID SOUTHERLY LINE, 117.53 FEET; THENCE N64030'09"E,
ALONG SAID SOUTHERLY LINE, 57.24 FEET; THENCE S22017'21"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
ppdadrtdagtlre 17-00009 wndibmal zoning agreement.d= 2
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.
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.
ppdadm/agVrez17-00009 mndi0onal mning agreemwt.dw 3
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 19th day of September , 200
City of Iowa City
L:
Ji Throgmorton, Mayor
Attest
Kellie Fruehling, Q'tYy Clerk / J
Approved by: v
F-) y -17
City Attorney's Office
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on _ f!> ,. )n o W, 200 by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City, of Iowa City.
Notary Public hoand for the State Iowa
w"A(Stamp or Seal) COMM"NWMW
Title (and Rank)
Li cCrn�p 5�1eC1�1
Corporate Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
ppdadm1agUrez17-00009 conditional inning agreementAm 4
This instrumen s acknowledged before me on
Notary Public in
(Stamp or Seal)
Title (and Rank)
20_ by
of Inc.
County and State
S&J De f ment L cknowledgment:
&ffe of .IwA
County of 3nkn5oh
This record was acknowledged before me on R-15- 4- (Date)
by KtY-Q. SQQQY (Name(s) of individual(s) as
l3v4 vieI? (type of authority, such as officer or trustee) of
Sk 7yfy gffl?yi+- LL (name of party on behalf of whom record
was executed).
Notary l5ublic in and for he State of Iowa
a
ROSEMARY IRLBECK
$s Commission Number 779206 (Stamp or Seal)
oW My Com@is�ipnExpires
44 ''II Title (and Rank) N 0�oy QY-17Tegf
My commission expires:
77p Constru tion Acknowledgment:
D
State of Ot,
Countyof ."Tnilhsovl
This record was acknowledged before me on g' ��) (Date)
by Ctt1 W W qi { S (Name(s) of individual(s) as
W 0 1— (type of authority, such as officer or trustee) of
W ok+*5 &yo!A f Co ns+r c -i o m (name of party on behalf of whom record
was executed).
ROSEP, i':7 t-.LGECK
Commissicn Number 779206
My mmissi Expires
Notary Public in and for he State of Iowa
(Stamp or Seal)
Title (and Rank) 1J0 -6v /
J0-6vy
pptlatlMagVrez17-W009 mndilional zoning agreement.doc 5
My commission expires: % ' 3,t
ppdadnVagVrezl7-g000g conditional zoning agreement.doc
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
09 5e -19-17
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:
Southwest District Plan — single family/duplex
residential
Neighborhood Open Space District:
SW5 Hunters Run
File Date:
May 11, 2017
45 Day Limitation Period:
June 25, 2017
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 RR -1 zones that are not
served by City sanitary sewer. The RR -1 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
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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: -'`` Y 7'{�
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Department of Neighborhood and Development Services
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MEMORANDUM
Date: June 13, 2017
To: Planning and Zoning Commission
From: John Yapp —?,Y ..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
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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
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
Good Neighbor Meeting
Thurs„ May 25`x', 2017 @ 5:30pm
Rezoning -21.77 acres off of Rohret Road
Weber Elementary School
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MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
JUNE 1, 2017 — 7:00 PM — FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
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 IREZ17-000091•
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
A41KIUTES
PLANNING AND ZONING COMMISSION PRELIK41NARY
JUNE 15, 2017 — 7:00 PliR — 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 al
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
a
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
Ordinance amending Title 6, entitled "Public Health and Safety," Chapter
10, entitled "Smoke Free Places," and Title 10, entitled "Public Ways
and Property," to prohibit the use of tobacco including smokeless
tobacco in all City parks.
Whereas, Chapter 142D of the Iowa Code, the Iowa Smokefree Air Act, prohibits smoking
tobacco products in certain public spaces, places of employment and outdoor areas, including
enclosed City buildings and vehicles operated by the City, the public grounds immediately
adjacent to City buildings and bus shelters; and,
Whereas, the Smokefree Air Act expressly authorizes a person having custody or control of
property to declare property that is otherwise exempt under the Smokefree Air Act to be a non-
smoking place; and,
Whereas, in Chapter 10 of Title 6, "Public Health and Safety", the City has declared
additional areas to be smoke free places including the municipal parking ramps, airport, City
Plaza except for alleys and certain areas within Iowa City parks, and,
Whereas, electronic cigarettes are not covered by the Iowa Smokefree Air Act; and,
Whereas, in Ordinance No. 15-4634 (codified at Section 6-10-2), the City Council found that
the use of e -cigarettes presents a serious and unknown public health threat and that in the
interests of protecting the health of the public and providing a healthy work -place environment
for its employees the City of Iowa City and prohibited the use of electronic cigarettes in all areas
where it is illegal to smoke tobacco products; and
Whereas, the National Cancer Institute states that chewing tobacco and snuff contain 28
cancer-causing agents;
Whereas, the Center for Disease Control (CDC) found that nationally 8.3 percent of high-
school males and 3.3 percent of all high-school females reported using smokeless products in
2016 and nationally 3.0 percent of middle -school males and 1.5 percent of all middle school
females reported using smokeless products in 2016;
Whereas, the Center for Disease Control (CDC) found that nationally 13.13 percent of high-
school males and 9.5 percent of all high-school females reported using electronic cigarettes in
2016 and nationally 5.1 percent of middle -school males and 3.4 percent of all middle school
females reported using electronic cigarettes in 2016;
Whereas, the use of tobacco and electronic cigarettes should be prohibited throughout all
City parks except private vehicles; and
Whereas, it is in the City's best 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 6, entitled "Public Health and Safety," Chapter 10, entitled "Smoke Free
Places," Section 1, entitled "Smoke Free Places Itemized" is amended by deleting Subsections
E through N and Subsection R in their entirety and substituting the following new Subsection E:
All City parks except when in a privately owned vehicle.
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 adding
new Subparagraph L:
In addition to the prohibition of use of tobacco and electronic cigarettes in City parks as
provided in Section 6-10 of this Code, no person shall use smokeless tobacco in any City park
except when in a privately owned vehicle. Smokeless tobacco is defined as any product that
contains cut, ground, powdered, or leaf tobacco and is intended to be placed in the oral or nasal
cavity, including, but not limited to, snuff, chewing tobacco, dipping tobacco, dissolvable tobacco
products and snus.
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 in effect after its final passage, approval
and publication, as provided by law.
Passed and approved this day of 12017.
Mayor
Approved by
Attest: S 3 f jr
City Clerk 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:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 09/19/2017
Voteforpassage: AYES: Mims, Taylor, Thomas, Botchu
Cole, Dickens. NAYS: Throgmorton. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
that the
I r CITY OF IOWA CIT o9-19-17
-rOtt
� COUNCIL ACTION REPO 9
September 19, 2017
Ordinance amending Title 6, entitled "Public Health and Safety,"
Chapter 10, entitled "Smoke Free Places," and Title 10, entitled
"Public Ways and Property," to prohibit the use of tobacco
including smokeless tobacco in all City parks.
Prepared By: Juli Seydell Johnson, Director of Parks & Recreation
Reviewed By: Sue Dulek, Assistant City Attorney
Geoff Fruin, City Manager
Fiscal Impact: N/A
Recommendations: Staff: Approval
Commission: Approval
Attachments: Ordinance
Executive Summary:
Currently it is illegal to smoke tobacco and use electronic cigarettes in some parks, and the use
of chewing tobacco is not prohibited in any park. This ordinance prohibits smoking tobacco,
chewing tobacco and using electronic cigarettes throughout all parks except inside a privately
owned vehicle. This includes trails that traverse parks.
Background / Analysis:
Johnson County Public Health made a presentation to the Parks & Recreation Commission at
the January 11, 2017 meeting recommending that Iowa City consider extending the no smoking
ban in place for specific parks to all parks and trails and to include all forms of tobacco. The
Commission agreed and made a recommendation to encourage the City Council to consider
this change. This change will require an amendment to the City Code, Chapter 6. The City
Council discussed this at the August 1, 2017 Council work session and directed staff to present
and Ordinance amendment.
Iowa passed the Iowa Smokefree Air Act in 2008 that prohibited "smoking" "tobacco products" in
certain public and private places, such as school grounds, restaurants, and vehicles owned
employers. That law is enforced by the State. Additionally, local governments could declare
certain areas owned by the governmental entity as smokefree, and the City Council declared a
variety of places to be smokefree which can be found in Section 6-10-1, which is shown below.
In 2015, Council passed an ordinance prohibiting the use of e -cigarettes in all places where
smoking is prohibited (i.e., both the prohibitions listed in Section 6-10-1 and the list of prohibited
places in the State Code), which is found in Section 6-10-2 set forth below. The City Code does
not regulate the use of chewing tobacco.
_r
PA.;;gIllo malt
Current City Code:
CITY OF IOWA CITY
COUNCIL ACTION REPORT
6-10-1: SMOKE FREE PLACES ITEMIZED:
It is illegal to smoke in a smoke free place. Pursuant to HF 2212, section 5, to be codified at
section 142D.5 of the Iowa Code, the city declares the following areas to be smoke free
places:
A. Iowa City Municipal Airport.
B. Municipal parking ramps except in privately owned vehicles that are not located in the
Chauncey Swan Parking Ramp during the farmers' market as provided in this section.
C. City Plaza except the public alleys. "City Plaza" is defined in section 10-5-2 of this code.
D. The area between the public library and Linn Street including the sidewalk, as illustrated
on the diagram below, and the area within ten feet (10') of a sidewalk cafe that is not in
City Plaza. "Sidewalk cafe" is defined in section 10-3-1 of this code.
E. Napoleon Park except the parking lot and the Iowa River Corridor Trail.
F. Baseball/softball complex at Mercer Park not including the parking lots.
G. Iowa City Kickers Soccer Park including the parking lots.
H. The area within fifty feet (50) of the City Park pool building and the fence that
encompasses the City Park pool and the area inside the fence.
I. Riverside Festival stage/seating area and the area within fifty feet (50') of Riverside
Festival stage/seating area.
J. Bobby Oldis baseball fields in lower City Park including the bleachers, sidewalk, and all
other areas between the fields.
K. The area within fifty feet (50') of the amusement rides in lower City Park.
L. Skateboard Park.
M. Tennis courts in all city parks.
N. Dog parks.
O. Farmers' market beginning thirty (30) minutes prior to the opening of the farmers' market.
"Farmers' market" is defined in section 10-11-1 of this code.
P. The area within fifty feet (50') of any outdoor stage or location where musicians are
performing during any outdoor entertainment venues where members of the general
public assemble to witness entertainment events, such as, but not limited to, Arts Fest
and Jazz Fest.
Q. The streets and adjacent sidewalks along the parade route of the University Of Iowa
homecoming parade from five o'clock (5:00) P.M. to eight o'clock (8:00) P.M. on Friday
evening of the homecoming parade. (Ord. 08-4314, 9-9-2008)
R. Black Hawk Mini Park.
6-10-2: ELECTRONIC CIGARETTES:
It is illegal to use an electronic cigarette in any smoke free place listed in section 6-10-1 of
this chapter or in any place where chapter 142D of the Iowa Code prohibits smoking a
tobacco product. "Electronic cigarette" means vapor product as defined in section 453A.1 of
the code of Iowa.
-#9
Kellie Fruehling
From: Palmer Holden <pjholden43@gmai1.com> Late Handouts Distributed
Sent: Monday, September 18, 2017 11:03 AM
To: Council
Subject: Tobacco
(Date)
I don't smoke but I think it is silly to so regulate people's lives. After all this is the ultra liberal People's Republic
of Iowa City and we should value our freedoms without big brother constantly overseeing us.
I've not observed smokers to be an issue except for a few butts on the ground. But I also see candy and food
wrappers and other trash not picked up and I haven't seen the need to ban them, just need park users with
better manners.
Palmer
Palmer Holden
15 Mary Ct
Iowa City, IA 52245
515-231-5543
Kellie Fruehling
From: Dave Koch <davekoch0@gmail.com> Late Handouts Distributed
Sent: Tuesday, September 19, 2017 6:34 AM
To: Council
Subject: Tobacco -free parks policy
Good morning Honorable Mayor and City Council members, (Date)
I write this as a citizen of Iowa City residing at 349 Samoa Drive. I am also writing this as a public health
proponent and would encourage you to create healthy communities by passing the tobacco -free parks policy
tonight at your first reading.
I enjoy knowing that I can visit a city park and not be forced to leave or move to another area due to other
people exercising their right to smoke. But this is not about taking their rights away, it's about creating an
environment where health and safety of citizens and animals is the priority. It's about creating a positive role
model for children, and it's about improving the long-term health impact for people who use our parks and
trails.
I grew up for 17 years breathing in second-hand smoke. I did not have a choice to escape from the harmful
affects and the long term asthma conditions I now live with. You can make a positive difference in the lives of
people who use the city parks and trails by passing the proposed tobacco -free parks policy.
I am not able to attend the council meeting this evening, but I encourage you to consider the benefits vs. the
cost. As elected officials you have the ability to create a safe and healthy environment for all citizens and
visitors, of Iowa City.
I applaud the Parks Commission for bringing this to your attention, and I thank you in advance for your vote to
pass this policy.
Respectfully,
Dave Koch
349 Samoa Dr.
I()
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance number: 17-4724
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 19th day of September , 2017.
MAfYOR `
.-0
ATTEST-
CItY CLERK -
I ,
Approved by
Ordinance No. 17-4724
Page 2
/ �-,
City Attorney's Office
Ordinance No. 17-4724
Page 3
It was moved by Mims and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS
ABSENT: ABSTAIN:
Dickens that the
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
First Consideration 09/05/2017
Voteforpassage: AYES: Cole, Dickens, Mims, Taylor,Thomas,
Throgmorton, Botchway NAYS: None ABSENT: None
Second Consideration _
Vote for passage:
Date published
09/28/2017
Moved by Mims, seconded by Taylor,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 waivea and the ordinance be voted upon
for final passage at this time. AYEs:Taylor,Thomas, Throgmorton, Botchway,
Cole, Dickens, Mims. NAYS: None. ABSENT: None.
r 1 CITY OF IOWA CIT
09-19-17
�
COUNCIL ACTION
REPO"
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: NIA
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 I 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.
TO: Geoff Fruin, City Manager
FROM: Jody Matherly, Chief of Police
RE: SHOUT Program
DATE: September 8, 2017
At the City Council meeting on September 5`", the council considered and passed the first
reading of an amendment to city ordinance 4-5-8 Persons Under Legal Age in Licensed
Establishments. The new language will make clear that those under legal age 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.
For further clarification, I wanted to update you and the City Council regarding SHOUT's mission
and structure. According to University of Iowa Public Safety Director Scott Beckner, the
program goal is to provide a resource for students and others who are downtown that may
need assistance to be safe while enjoying the downtown atmosphere. SHOUT students walk
around wearing identifiable clothing, police radio/camera provided by UIPD and approach
patrons who maybe walking alone, under the influence of alcohol, needing minor medical
treatment, or any other quality of life issues that do not rise to the threshold of law
enforcement intervention. SHOUT students are ambassadors who are a resource before any
laws are violated. UI currently has six (6) students and a full time supervisor assigned to the
pilot program. If the program is successful, the plan is to expand its members. The students are
paid employees of UI Public Safety's police budget. They are trained in bystander intervention
and CPR. In the future, Iowa City PD has offered to train the students in T.I.P.S. (program
designed to prevent intoxication and underage drinking). At its start in late August, the students
were trained by ICPD and UIPD officers in recognizing situations in which the SHOUT students
can assist without police presence and when police need to be present. Two new trucks were
purchased to assist the SHOUT students to provide transportation to patrons who need to be
driven home. The rides are limited to campus, Iowa City and Coralville at this time.
The program has been well received thus far by police officers and downtown establishments. If
you have any questions or need further information, please do not hesitate to contact me.
f
Prepared by: Eric Goers, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
Ordinance number: 17-4725
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 19th day of September 2017.
�L, -�
MAYOR
ATTESK-
CI CLERRK U
ordinance No. 17-4725
Page 2
Awed by
df (7
City Attorney's Office
Ordinance No. 17-4725
Page 3
It was moved by Mims and seconded by Dickens
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration 09/05/2017
Vote for passage: AYES:
Throgmorton, Botchway,
Second Consideration _
Vote for passage:
Datepublished 09/28/2017
ABSTAIN:
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Dickens, Mims, Taylor, Thomas,
Cole. NAYS: None ABSENT: None
that the
Moved by Mims, seconded by Taylor, that the rule requiring ordinances to be
consideredand voted on for passage at two Council meetings prior to the
meeting at which it is to be finally passed be suspended, the second
consideration and vote be waived and the ordinance be voted upon for
final passage at this time. AYES: Throgmorton, Botchway, Cole, Dickens,
Mims, Taylor, Thomas. NAYS: None. ABSENT: None.
r ' CITY OF IOWA CIT
;rte 17
COUNCIL ACTION REPO 0919
11
September 5, 2017
Ordinance amending Title 9, Motor Vehicles and Traffic, Chapter 37
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.
IE
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 "Building and Housin ," Chapter 5,
entitled "Housing Code," to provide for Me abatemen� 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 H. 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.
City Clerk
Approved by
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:
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 09/19/2017
Voteforpassage: AYES: Cole, Dickens, Mims, Taylor, Thomas,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Date published
that the
i r 1 CITY OF IOWA CIT
Sim COUNCIL ACTION REPO 0912'2
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.
17-)
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.
L 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 , 20_.
Mayor
Approved by:
J. c �h
City Clerk City Attorney's Office 91-25-117
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:
First Consideration 09/05/2017
Vote for passage: AYES:
Cole, Dickens, Mims
Botchway
Cole
Dickens
Mims
Taylor
Thomas
Throgmorton
Taylor, Thomas, Throgmorton, Botchway,
NAYS: None ABSENT: None
that the
Second Consideration 09/19/2017
Vote for passage: AYES: Dickens, Mims, Taylor, Thomas, Throgmorton,
Botchway, Cole. NAYS: None. ABSENT: None.
Date published
r
CITY OF IOWA CITY 13
'��� MEMORANDUM
Date: September 13, 2017
To: Geoff Fruin, City Manager
From: John Yapp, Development Services
Re: Occupant transition plans and translation services
At the September 5 City Council meeting, a question was raised regarding the proposed
occupant transition plans, notification to residents of redeveloping properties, and translation
services. Staff recommends the City provide any requested translation services.
Staff recommends the City develop a standard insert which would be put into the notices mailed
to residents of redeveloping properties, which would explain the translation services available
through the City's 'language line' service. This insert could be provided in the most common
languages in Iowa City such as English, French, Spanish, Arabic and Mandarin. If language
line does not support a particular language being requested, the City would assist with finding
an interpreter as necessary. This process can be done administratively.
Cc: Eleanor Dilkes, City Attorney
Tracy Hightshoe, Acting NDS Director
Sue Dulek, Assistant City Attorney
^�•p°° CITY OF IOWA CITY
MEMORANDUM
Cc PY
Date: June 16, 2016
To: City Council
From: Eleanor Dilkes, City Attorney
Re: 1. Site Plan approval process for redevelopment of existing multi-family structures,
and potential amendments to mitigate the impact on existing tenants
2. Direct Regulation of Landlord Tenant Relationship by City
ISSUE #1
Are there amendments to the City's site plan review process that would have the potential to
mitigate the impact of redevelopment on existing tenants?
CONCLUSION #1
Approval of a site plan is a process for assuring compliance with the City's zoning code and
other various City codes and regulations. Unlike a rezoning, the approving body does not have
the discretion to exercise its judgment on the best use of the property, but rather, reviews the site
plan with reference to existing codes. Public input in this process has the potential to create
unreasonable expectations on the powers available to the approving body. If a site plan complies
with the various technical codes, it must be approved. Certain code amendments, however, could
further the goal of mitigating the impact of redevelopment on current tenants. Increased notice
and public process may provide opportunities to allow tenants, service agencies and others to
plan for the impact on tenants and the availability of affordable housing and give tenants greater
opportunities to find alternative housing before the project is commenced.
ISSUE #2
What can the City legally do to minimize the harm of legal displacements of large numbers of
lower-income residents from large housing complexes? For example, can the City legally
require owners of housing complexes which exceed a defined number of residential units to
provide a specified number of months advance notice to residents of the owners' intent not to
renew leases? What else might the City be legally empowered to require?
There are a number of strategies available under Iowa law to address the needs of our residents
for affordable housing most of which involve either direct funding by the City or programs
created by the City to provide incentives to the private market to create affordable housing units.
The available options will be presented by staff at your June 21 work session. This memo will
address whether the City may directly regulate the landlord/tenant relationship.
CONCLUSION #2
The home rule schemes in the states of California and Washington allow cities like San
Francisco and Seattle to directly regulate the tenant/landlord relationship. The home rule scheme
in Iowa is far more limited. The private tenant/landlord relationship may be affected incidentally
by city zoning and building code regulation and enforcement but the City does not have the
authority to dictate the terms of the lease, the bases on which a tenant can be evicted or on which
leases are renewed, or the relocation assistance provided by a landlord to a tenant. Rent
abatement is an available enforcement tool not included in the City's housing code that the
Council may want to consider including as a remedy in the case of emergency orders when
immediate action is necessary to protect the health and safety of the occupants but vacation of
the unit is not necessary.
L104MI911IN31
On March 8, 2016 the City received an application from the current owners/managers of Rose
Oaks apartments seeking approval of a site plan to allow some of the existing multi -family
buildings to be demolished and reconstructed, and other existing multi -family buildings to be
remodeled. No rezoning is necessary for this work to be done, and no City financial assistance
has been requested.
The current City code requires that notice be posted on the property 24 hours after the
application for site plan approval has been submitted. The review and approval process is
administrative, performed by City Staff. Concerns have been raised regarding whether this gives
affected tenants adequate notice and time to resolve housing challenges that may result if the site
plan is approved and the project constructed.
BACKGROUND ON SITE PLANS
The Iowa Supreme Court has explained a "site plan" as follows:
The approval of a site development plan is not a rezoning. The site development plan is a
map showing the configuration of the property, the location and dimensions of the
proposed buildings, landscape data, engineering data and other factual information
relating to the intended development of the property. The site plan allows the city to
assure compliance with the city zoning regulations and other various city codes and
regulations.
Kane v. City Council, 537 N.W.2d 718, 722 (Iowa 1995) (Site plan approval is not a rezoning
and can be done by resolution of the city council rather than ordinance.) The site plan must be
approved "if the requirements of the ordinance and regulations are met." Johnston v.
Christenson, 718 N.W.2d 290, 299 (Iowa 2006).
Title 18 of the Iowa City Code governs site plan applications. While the site plan review process
can require considerable review and amendment before approval given the various code
requirements, it is fairly ministerial, unlike the rezoning process. Submittal requirements differ
Ya
depending on whether the plan is a "major site plan" or "minor site plan". A "major site plan"
involves the construction or remodeling of developments with over 12 residential units or over
10,000 square feet of non-residential floor area. See Section 18-1-2(C). Notice must be posted
on the property within 24 hours of filing the application. See Section 18-2-1. The application
submittal requirements are set forth in 18-2-2, and include such information as the total number
and types of dwelling units proposed, the proposed uses for all buildings, and other technical
information necessary to determine whether the plan complies with the zoning code, such as
parking, landscaping, building setbacks, and storm water runoff. The approval process is set
forth in 18-2-3. It currently requires that the City building official "review and approve, review
and approve with conditions, or review and deny" all site plan applications within 21 working
days after the application is filed. The code also allows for P&Z to perform the site plan review
in lieu of the building official if the building official or 20% or more of the property within 200
feet request P&Z review within 20 days after the notice is posted. The scope of P & Z's review is
the same as that of the building official.
Once a site plan is approved, a building permit may be issued. Persons aggrieved by a decision
of either the building official or P&Z may appeal the decision to the Board of Adjustment.
Further appeal of the BOA's decision is to the district court. See Iowa Code Section 414.10 and
Dahlen v. Iowa Citv P&Z and Shelter House, 2009 Iowa App. Lexis 1707 (2007). The City
Council is not involved in any component of a site plan approval. This plan review and approval
process has been in place since 1992.
The procedure for site plan approval varies among Iowa cities. In some, such as Davenport,
Council Bluffs and Dubuque, it is done entirely at the staff level. In others, such as Johnston, site
plan review and approval is done by the City Council. For example, the procedure for approval
of a site plan in Johnston includes review and a recommendation to Council from P&Z within 45
days from the date of the site plan application, followed by Council approval or disapproval of
the site plan. Yet in others, such as Cedar Rapids and Des Moines, the process vanes with either
staff or Planning and Zoning Commission doing the initial administrative review and an appeal
allowed to the City Council. See Cedar Rapids Code of Ordinances Section 32.02.030; Des
Moines Code of Ordinances Section 82-206 through 82-219.
DISCUSSION OF OPTIONS
Foster Greater Communication
Title 18 of the City Code could be amended in several ways to foster greater communication
between the landlord and tenant where a site plan application has been made that will impact
existing tenants. Among those amendments may include imposing additional notice
requirements; encouraging a "good neighbor meeting;" extending the review period; and creating
an avenue for City Council to review and approve certain major site plans, or a subset of major
site plans. In contemplating such amendments, it is important to consider changes that are
narrowly tailored so that they do not chill reinvestment in multi -family properties and allow
redevelopment to occur at an objectively reasonable pace. In addition, because site plan review
is a limited review, Council review may create expectations on the part of the public that the
Council cannot fulfill.
3
Increase Notice Requirements
As mentioned above, the code currently requires notice to be posted on the property 24 hours
after the application for a site plan has been submitted. Council could amend Section 18-2-1 or
18-2-3 to require notice be mailed to all current tenants a certain number of days before the
application is submitted or the review period could be extended such that the application would
not be considered final until so many days after the notice is mailed. The City's current Good
Neighbor Program focuses on fostering communication before various development applications
come before P&Z or BOA. While it is not required, applicants are asked if a good neighbor
meeting was held at the time an application is submitted for such development activities as
rezonings, annexations, comprehensive plan amendments, and preliminary plat approvals. This
program could be expanded to include major site plans or a subset thereof.
Add Role of P&Z and/or Council
In lieu of the current Staff or P&Z review and approval process, the code could be amended to
require that certain defined site plans be reviewed by the P&Z Commission for its
recommendation to Council, and then Council approval by resolution after a public hearing is set
and held on such a resolution. Notice of both the P&Z meeting(s) and Council meeting(s) would
be posted as a public meeting, and published in the Press -Citizen. In the process of approving a
resolution, Council could impose certain conditions on the site plan approval in addition to
existing regulations that are reasonable and imposed to satisfy public needs being created
directly by the site plan, pursuant to Iowa Code Section 414.5. For example, site plan approval
for non -vacant buildings could be effective and the building permit issued on the date of the last
day of the longest remaining lease term. Per Iowa Code Section 414.5 such conditions,
however, would have to be agreed to in writing by the landlord before close of the public
hearing. It is important to keep in mind that the City cannot dictate lease terms to the landlord
and tenant and thus the City does not have the power to require relocation assistance or
modifications to lease terms. The City Council cannot prohibit a landlord from filing a forcible
entry and detainer action against the tenant with the Johnson County Clerk of Court (i.e., an
eviction) after the lease term is complete or from attempting to negotiate a voluntary buy out of
the lease. The City cannot act as an interpreter of the lease or the tenant's legal rights. It cannot
deny a site plan based upon the existence of a leasehold interest in the property.
I understand from NDS staff that since 2006 there have been site plans submitted for ten
remodels/reconstruction of existing multi -family buildings, including Rose Oaks. Of those, three
required rezonings by Council, leaving six such site plans with no associated rezoning. Because
tenant relocation is a concern only where a site plan involves changes to existing multi -family
projects, and the Council has considerably more discretion in approving a rezoning, the type of
site plans reviewed by Council could be limited to those major site plans for multi -family
residential projects for which a rezoning is not required. All other site plans would be approved
administratively by staff. Furthermore, it is advisable to put the approval authority squarely with
the Council, rather than have the Council stand as an appeal body. This avoids potential claims
that such authority has been specifically delegated to the Board of Adjustment pursuant to Iowa
Code Section 414.10; Holland v. City Council of Decorah, 662 N.W.2d 681, 688 (Iowa
4
2003)(city council exceeded its authority by allowing the filling of a portion of a flood plain for
the purpose of building a Wal-Mart because the council cannot bypass authority of a Board of
Adjustment; City cannot use its site development plan authority to circumvent or overrule a
decision by the BOA ).
Require Transition Plan
It has been suggested that the Council require a relocation plan or transition plan to ensure that
"the legal rights of tenants are not being infringed." (Council member Cole proposal). It would
be possible to require a major site plan application to include a description of the current leases,
including the number of leases and the terms of the leases, and a summary of the Landlord's plan
to coordinate the demolition/reconstruction with the terms of the leases. Such a requirement must
be based upon the City's Comprehensive Plan. Among the housing goals identified in the
IC2030 Comprehensive Plan are: "identifying and supporting infill development and
redevelopment opportunities in areas where services and infrastructure are already in place;"
"improve and maintain housing stock in established neighborhoods;" and "maintain and improve
the safety of all housing." Depending on the location of the property shown on the site plan, a
district plan may be applicable, and may also include goals supporting a transition plan for
certain site plans. In reviewing the Comprehensive Plan, however, there is no focus on the need
to mitigate the impacts of redevelopment to the extent the City is legally able.
If it is Council's desire to require such a plan, the IC2030 Plan should be amended to more
directly state one of the City's goals is to mitigate the impacts of redevelopment of existing
housing on residents and the availability of affordable housing. The Title 18 purpose statement
should be amended to insert the planning principle(s) upon which such a "transition" plan is
based. For instance, the Plan could be amended to add the "smart planning principle" adopted by
the State of Iowa in Iowa Code Section 18B.2(2)(d), which supports City objectives, policies or
programs "that further the vitality and character of established residential neighborhood" and
"ensure an adequate housing supply that meets both the existing and forecasted housing
demand." In the event Council desires to pursue the requirement of a transition plan, further
discussion is necessary regarding when such a "transition plan" would be required, what should
be contained within such a plan, and how the plan would be used and enforced by the City.
Again, however, while such a plan would provide information to the Council and the residents, it
would not prevent a Landlord from exercising its legal rights, including those of eviction, a
decision not to renew existing leases or a negotiation with the tenants to buy out leases or
relocate tenants nor could a site plan be denied if the required information was provided. Again,
it would be important to make it clear what the purpose of the site plan review is and is not in
order to avoid creating expectations by tenants and the public that Council does not have the
ability to fulfill.
DISCUSSION #2
There are a number of potential regulatory strategies for addressing the displacement of low-
income persons from affordable housing. For example, one recommendation of the Johnson
County Affordable Homes Coalition is that the City require developers who are renovating
and/or demolishing rental units to provide relocation assistance to low and moderate income
5
residents who are being displaced, citing the City of Seattle Tenant Relocation Assistance
Ordinance. For another example, the City of San Francisco has a Residential Rent Stabilization
Ordinance (San Francisco Administrative. Code Chapter 37) which, among other things, places
limits on the amount of rent that can be charged by a landlord and the reasons for evicting a
tenant, establishes a Rent Board that conducts rental arbitration hearings, mediations and
investigatory hearings on claims of wrongful eviction, and a Just Cause for Eviction ordinance
(San Francisco Administrative Code Section 37.9) that requires landlords to provide relocation
benefits for no fault evictions/lease nonrenewal. Oakland too has a rent control ordinance
(Oakland Municipal Code, Sections 8.22.010-.190) and just cause for eviction ordinance
(Oakland Municipal Code Sections 8.22.300-.390).' See also the report entitled "Development
without Displacement: Resisting Gentrification in the Bay Area" written by Causa Justa :: Just
Cause, which can be found on line at http://www.ciic.orWen/i)ublications/reports..
While the term "home rule" is often used generically, in reality cities in the United States have
radically different powers depending on the state in which they are located as it is a state's law,
whether that be the state constitution, legislation, case law or a combination, that defines the
parameters of home rule for the cities in that state. For example, San Francisco and Oakland are
both "Charter Cities" under California law. A Charter City has "supreme authority" over
"municipal affairs". A charter city's law concerning a municipal affair will trump a state law
governing the same topic. Cal. Const. art. XI, Section5(a); See
http://www.cacities.org/Resources/Charter-Cities. Charter Cities set their own procedures for
adoption of ordinances and resolutions, have the power to tax, and can set penalties as long as
those do not exceed any limits in the City Charter, rather than being limited by State law.
Seattle is a "City of the First Class" in Washington State, which is granted many specific powers,
including the power to tax and the power to set fines for nuisances. Rev. Code Wash. Sections
35.22.280 (2) and (30). In addition, the Washington legislature specifically authorizes any city
to require property owners to provide a portion of the defined relocation assistance with the
remainder to be paid by the City. Rev. Code Wash. Section 59.18.440. Seattle's Tenant
Relocation Assistance Act was enacted pursuant to this State provision.
Some cities also have Real Estate Transfer Taxes ("RETTs). For example, Aspen Colorado
imposed a RETT prior to the amendment to the State's constitution to prohibit cities from
imposing such taxes. RETTs have been suggested as a tool to discourage speculation and
flipping of property after minimal investment, maintain neighborhood affordability and provide
funds for affordable housing, relocation assistance and other displacement prevention activities.
(Development without Displacement: Resisting Gentrification in the Bay Area at p. 82) In Iowa,
a real estate transfer tax is imposed by the State and the revenue goes to the State.
In contrast to states that have given broad power to their municipalities, in Iowa City we operate
under a relatively restrictive home rule scheme with the following parameters:
1 In 1995 the California legislature passed a law known as Costa -Hawkins Rental Housing that establishes the
parameters of local rent control ordinances and requires that housing constructed after 1995 be exempt from
local rent control.
3
1. City law is trumped by State law, even on "municipal affairs". Iowa cities were granted home
rule by constitutional amendment in 1968. The Iowa Constitution grants cities the "home rule
power and authority, not inconsistent with the laws of the general assembly, to determine their
local affairs and government...." Iowa Const. Article III, § 38A.
2. Iowa's statutory home rule provision is one of only eight states with the "private law
exception" to Home Rule: "the grant of home rule powers does not include the power to enact
private or civil law governing civil relationships, except as incident to an independent city
power." Iowa Code Section 364.1.
3. Iowa has adopted the Uniform Residential Landlord Tenant Act (IURLTA) and the
Manufactured Home Communities or Mobile Home Parks Residential landlord and Tenant Act
(Iowa Code Chapters 562A and 562B) which detail the rights and obligations of tenants and
landlords in Iowa.
4. The Iowa legislature has prohibited cities from "adopting or enforcing any ordinance
imposing any limitation on the amount of rent that can be charged for leasing private residential
or commercial property." Iowa Code Section 364.3(9).
5. Iowa cities may not levy a tax unless it is specifically authorized by state law. Iowa Const.
Art. III Section 38A; Iowa Code Section 364.3(4). The Iowa Supreme Court has distinguished
taxes from allowable fees as follows:
A tax is a charge to pay the cost of government without regard to special
benefits conferred. In other words, taxes are for the primary purpose of raising
revenue. A city may charge a fee to cover its administrative expenses in
exercising its police power. Thus, the reasonable cost of inspecting, licensing,
supervising, or otherwise regulating an activity may be imposed on those
engaging in the activity in the form of a license fee, permit fee, or franchise fee.
In addition, a municipality may charge a citizen when it provides a service to
that citizen. Benefits accruing to the public at large may not be assessed against
individual persons or properties.
Home Builders v. City of West Des Moines, 644 N.W.2d 339, 349 (Iowa 2002) (internal
citations omitted) (invalidating West Des Moines' ordinance imposing a park impact fee that was
not in -lieu of land dedication and was not required to be used in the neighborhood from which it
was exacted on the grounds that the park fee was a tax because it was a charge to pay the cost of
government without regard to special benefits conferred on the payers). The Court rejected as
unpersuasive the case law in other states upholding similar impact fees finding that in those cases
the state legislature had either "adopted an enabling statute permitting local government to
charge impact fees, or the taxing power of local government was not as severely circumscribed
under state law as it is in Iowa." Id. at 350.
6. Iowa cities may not provide a civil penalty for municipal infractions/nuisances in excess of
$750.00 or $1,000 for subsequent offenses (Iowa Code §364.3(6)) and cannot create criminal
17
penalties with the exception of simple misdemeanors for which the fine may not exceed $625.00.
Iowa Code § 364.3(2).
Given this home rule framework the City has limited options to directly regulate the relationship
between tenants and landlords. The best sources of regulation can be found in the Council's
zoning power and authority over health and safety matters related to housing conditions. As you
know, your zoning authority is very broad. When a rezoning that would eliminate low income
housing is requested the Council has the authority, after the required public process, to deny the
rezoning or impose conditions on the rezoning that would ameliorate the impacts on low-income
residents. Such would be the case if a comprehensive plan amendment and rezoning was
requested to change the use of the Forest View land from residential to another zoning
classification. Such was not and is not the case at Rose Oaks because a site plan is not a
rezoning.
Similarly, the City may regulate the housing conditions of tenants and enforce those regulations
because of its power to enact and enforce a building code. In Lewis v. Jaeger, 818 N.W.2d 165
(Iowa 2012) the Iowa Supreme Court rejected a claim that Dubuque's emergency order requiring
the landlord to lock out a tenant who repeatedly left the gas stove on and the water running
posing an immediate danger to health and safety of the tenants was preempted by the IURLTA.
In doing so the Court examined the interaction of the IURLTA and Section 364.17 of the Iowa
Code that requires cities to enact and enforce housing codes. The Iowa Supreme Court described
the relationship between the City's police power over health and safety matters related to
housing and landlord/tenant law as "symbiotic" rather than "antagonistic". Id. at 178-79. The
Court reasoned that even though the IURLTA alone would not authorize the landlord to take
unilateral action to evict the tenant, Dubuque had the authority to take action to correct or abate
an emergency that requires immediate attention even if it has the derivative effect of displacing a
tenant. Id. In response to the argument that the IURLTA provided an exclusive remedy for
eviction of a tenant the Court concluded that the emergency order authorized by the Dubuque
housing code did "not involve legal remedies between landlords and tenants, but instead is part
of Dubuque's housing code enforcement scheme." Id. at 180.
The City's Housing Code is enforced primarily with notices of violations and municipal
infractions if the problem is not addressed. In addition to municipal infractions the Iowa Code
specifically allows the following enforcement mechanisms:
(5) An escrow system for the deposit of rent which will be applied to the costs of
correcting violations.
(8) Authority by ordinance to provide that no rent shall be recoverable by the owner or
lessee of any dwelling which does not comply with the housing code adopted by the city
until such time as the dwelling does comply with the housing code adopted by the city.
Iowa Code Sections 364.17(5) and (8).
Many years ago the City had a provision that allowed for rent escrow if the dwelling unit was not
compliant after the expiration of the notice of violation. I am told by the Director of
Neighborhood and Development Services (NDS) that it was cumbersome, administratively time-
consuming and rarely used and that the municipal infraction, which was authorized by the Iowa
Code in 1986, has resulted in a high compliance rate.
Iowa City has not used rent abatement as an enforcement tool. I have spoken to the Director of
NDS about this tool. Because the department's current enforcement results in substantial
compliance, Director Boothroy notes that it would not be used often and suggests that if Council
is interested in pursuing this tool it be explored as a remedy when an emergency order is
necessary to protect the health/safety of the occupants. Section 17-5-9 of the City Code allows
emergency orders as follows:
Whenever the inspector, in the enforcement of the housing code, finds that a condition
exists which requires immediate action to protect the health or safety of the occupants
and/or the general public, the inspector may, without notice or hearing, issue an order
reciting the existence of such a condition and requiring that action be taken such as the
inspector deems necessary to abate the condition. If necessary, the director may order that
the premises be vacated forthwith, and said premises shall not be reoccupied until the
order to make repairs has been complied with. Notwithstanding other provisions of the
housing code, such order shall be effective immediately or in the time and manner
prescribed by the order itself.
While emergency orders are used rarely, rent abatement could serve as an incentive to landlords
when immediate action is required and a vacation order is not necessary to protect the health and
safety of the occupants. This would be consistent with the building code provision of the state
code that requires enforcement procedures to "be designed to improve housing conditions rather
than to displace persons from their homes." Iowa Code Section 364.17(3)(b) and with the
IURLTA which requires the Landlord to comply with all aspects of the building code that
materially affect health and safety and allow the Landlord's failure to do so as a defense in a
Landlord's action for possession/eviction
I have shared the conclusions in this memo with the City Manager and NDS staff and understand
they will be providing a recommendation on whether to pursue these possible strategies at your
work session on June 21 when staff presents the preliminary affordable housing action plan.
Cc: Geoff Fruin, Interim City Manager
Doug Boothroy, Director Neighborhood and Development Services
John Yapp, Coordinator of Development Services
Tracy Hightshoe, Coordinator Neighborhood Services
Sue Dulek, First Assistant City Attorney
Sara Greenwood Hektoen, Assistant City Attorney
r 'CITY OF IOWA CIT
Ing V �� 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
not associated with a rezoning process. For projects which
process, the occupant transition plan may be required
agreement.
The proposed ordinance has the following essential elements:
size), particularly those which are
are associated with a rezoning
as part of a conditional zoning
• 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
r CITY OF IOWA CITY
�r� ,11
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
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 fosterin communication between property owners
and occupants through sufficient notice requirements; d
Whereas, the Comprehensive Plan encourages developers of such projects to create
transition plans to provide information to occupants re arding any construction activity which may
affect residents; and
Whereas, Ahe Comprehensive Plan suppo infill development and redevelopment
opportunities in atelas where services and infrastruc re are already in place; and
Whereas, the 25 Update to the Affordable ousing Market Analysis and the CITY STEPS
Consolidation Plan doc ent affordable housing i sues and trends in the Iowa City market, noting
that the affordable housing eeds in the Iowa Ci market are unmet and growing; and
Whereas, the City curren requires a ma' r site plan approval for redevelopment projects
impacting more than 12 resident) units; and
Whereas, residents of such re velopm t may be required to relocate as a result of such
redevelopment, making notice and c m ication essential to mitigating the impact of such
relocation, particularly given the unmet a rowing need for affordable housing; and
Whereas, City Council approval of upant transition plans for redevelopment projects
containing more than 12 residential units for hich approval of a major site plan is required, will
emphasize the importance of fostering cmmunl tion between the owner and those persons who
may be required to move as a result o the redeve ment, and seeks to educate amh residents
about alternative housing options. 25 _;,
c
Now, therefore, be it ordained by th City Council of the Ci f Iowa City, lot t
Section I Approval. Title 18, Sit Plan Review in hereby a nded as follM176 co
;_ttr�p mm
A. 18-1-1 Purpose: Amend by leting Section B(3), renumbering a su * erPmecti and
'"
adding the following as Sectio ' N
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H. Mitigate the impact f redevelopment on occupants of proposed projecf° involving the
remodeling or recon ruction of existing multi -family residential dwellings by fostering
communication betwe In the property owner and the occupants.
B. 18-2-1 Gener I Pr cedures. 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 furfah evidence
satisfactory to the City that such notice requirements have been 25atisfied' before the
application will be considered complete. SES2 c III
05
n�
7. For Major Site Plans involving any additions or alterations to wtis ing07Jeverment
containing over 12 residential units, the applicant shall submit an occ tra�ositil if
there are an occupants of the development on the date the applicatiora ub&ed.Mh a
plan must inc a the number of currentccupants; a general dcnptiN of current
contractual obligati s between the owner and)the occupant(s); when any lea@hold interest
expires; and a constru on timeline and phasin plan.
E. 18-2-3 Approval/Denial Proc4sk. Amend by defeting it and replacing it with the following:
A. Minor Site Plans shall be reviSv
administratively unless a request fi
accordance with Section B below.
L Except for major site plans inv
containing over 12 residential units,
approve with conditions, or deny s
days after application.
ratively. Major Site Plans shall be reviewed
and Zoning Commission review is made in
g ny additions or alterations to existing development
bui 'ng official shall review and comment, approve,
site plh4Qs submitted within twenty-one (21) working
ii. Where an occupant transiti plan is requir pursuant to 18-2-2(c)(7) above, in no
event shall the site plan be appro d until the City Co Gil has considered and approved said
occupant transition plan. In ap roving the occupant t nsition plan, Council may impose
conditions to address the impac of the redevelopment ono cupants of the property, but may
not prevent either the landlordfir the tenant from exercising i rights under any lease and/or
Iowa law, including but not lilted to those of eviction, a decision of to renew existing leases
or a challenge by a tenant th reto, and may not alter the terms of the lease/right of possession
by imposing requirements t at relocation benefits or other assistance be provided.
B. For Major Site Plane Director Neighborhood Development Services or those owners of
twenty percent (20%) r more of the property located within two hundred feet (200') of the
exterior boundaries o 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
20_
Mayor
Approved by:
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City Clerk City Attorney's Office 9 2 f 7
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