HomeMy WebLinkAbout2018-05-01 OrdinancePrepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ18-00002)
Ordinance No.
An ordinance conditionally rezoning approximately 1.89 acres from
Planned Development Overlay/High DenSingle Family (OPD/RS-
12) zone to Low Density Multifamily (Rftp) e for the property
located at 1705 Prairie Du Chien Road. (R 1�
Whereas, the applicant, Ross Nusser, has requested a rezoning of property located at 1705 Praire Du
Chien Road from Planned Development Overlay/High Density Single Family (OPD/RS-12) zone to Low
Density Multifamily Residential (RM -12) zone; and
Whereas, the Comprehensive Plan indicates that if this property redevelops, multi -family housing would
be appropriate to maintain a mix of housing in the area; 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 housing relocation assistance for the current residents of the mobile home park; limits on building
height and the number of 3 -bedroom units; Design Review approval to ensure compatibility with the
neighborhood; and a requirement for outdoor amenities to attract longer term residents; 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 ISection 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 Planned
Development Overlay/High Density Single Family (OPD/RS-12) to Low Density Multifamily Residential (RM -
12):
Commencing at the Northeast comer of Section 3, Township 79 North, Range 6 West of the
P.M.; thence North 88°31' West 689.3 feet to the centerline of the Prairie du Chien Road and
the place of beginning; thence North 88041' West 36.6 feet to a iron pin on the road right of
way line; thence continuing North 88041 ' West 637.4 feet to an iron pin at the Northwest
comer of the tract; thence south 1 007' East 162.9 feet to an iron pin at the Southwest comer
of the tract; thence south 88025' East 710.6 feet to an iron pin on the Westerly road right of
way line; thence continuing South 88025' East 38.8 feet to the centerline of the said Prairie du
Chien Road; thence North 30003' West 57.5 feet along the centerline of the road; thence
Northerly 128.0 feet along a 573.7 foot radius curve concave Easterly to the place of
beginning.
Excepting therefrom any part of said premises conveyed to the State of Iowa by Warranty
Deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa.
Also excepting therefrom the following described tract: Commencing at the Northeast comer
of Section 3, Township 79 North, Range 6 West of the 5" P.M., thence North 880 13' West
689.3 feet to the centerline of the Prairie du Chien Road; thence Southerly 99.9 feet along a
573.7 foot radius curve concave Easterly to the place of beginning; thence North 88027' West
Ordinance No.
Page 2
38.6 feet to an iron pin on the road right of way line; thence continuing North 88027' West
190.2 feet to an iron pin; thence South 1 055' West 72.0 feet to an iron pin; thence South
88025' East 232.6 feet to an iron pin on the road right of way; thence continuing South 88025'
East 38.8 feet to the centerline of the Prairie du Chien Road; thence North 30003' West 57.5
feet along the centerline of said road; thence Northerly 28.1 feet along a 573.7 foot radius
curve concave Easterly to the place of beginning.
Also excepting a portion of the Northwest Quarter of the Northeast Quarter and a portion of
the Northeast Quarter of the Northeast Quarter of Section 3, Township 79 North, Range 6
West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of
which are described as follows: Commencing at the North quarter corner of Section 3,
Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County,
Iowa; Thence N89030'00"E, along the North line of the Northeast Quarter of said Section 3, a
distance of 1279.40 feet to the point of beginning; Thence continuing N89030'00"E, along said
North line, 224.59 feet; thence Southwesterly, 1 14.62 feet, along an arc of a 367.00 foot
radius curve, concave Southeasterly, whose 1 14.15 foot chord bears S42040'40"W; Thence
S33°43'51 "W, 97.64 feet; Thence S89028'1 5"W, 100.53 feet; Thence NO3 ° 14'55'W, 143.55
feet; Thence N37002'18"E, 26.03 feet to a point on said North line of the Northeast Quarter
and said point of beginning, containing 0.61 acres.
G1kG7
Commencing at the Northeast corner of Section 3, Township 79 North, Range 6 West of the
5t' P.M., thence North 880 13' West 689.3 feet to the centerline of the Prairie du Chien Road;
thence Southerly 99.9 feet along a 573.7 foot radius curve concave Easterly to the place of
beginning; thence North 88027' West 38.6 feet to an iron pin on the road right of way line;
thence continuing North 88°27' West 190.2 feet to an iron pin; thence South 1 055' West 72.0
feet to an iron pin; thence South 88025' East 232.6 feet to an iron pin on the road right of way
line; thence continuing South 88025' East 38.8 feet to the centerline of the Prairie du Chien
Road; thence North 30003' West 57.5 feet along the centerline of said road; thence Northerly
28.1 feet along a 573.7 foot radius curve concave Easterly to the place of beginn ing.
Excepting therefrom any part of said premises conveyed to the State of Iowa by Warranty
Deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa.
Section II. Zoninq 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 Agreement. The mayor is hereby authorized and directed to sign, and the
City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following
passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is
hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the
County Recorder, Johnson County, Iowa, at the Owners expense, upon the final passage, approval and
publication of this ordinance, as provided by law.
Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed.
Section VI. Severability. if any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Ordinance No.
Page 3
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication,
as provided bylaw.
Passed and approved this day of 20_.
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attorneys Office
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ18-00002)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a m al (corporation
(hereinafter "City"), (hereinafter "Owner"), and Ross ;(hereinafter
"Applicant"),
6 y
Whereas, Owner is the legal title holder of approximately 1.89 acres of property located
at 1705 Prairie du Chien Road; and
Whereas, the Owner has requested the rezoning of said property from Planned
Development Overlay/High Density Single Family Residential (OPD/RS-12) to Low Density
Multifamily Residential (RM -12); and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding relocation assistance for mobile home residents, building size and design,
provision of outdoor amenities, and the number of 3 -bedroom units, the requested zoning is
consistent with the Comprehensive Plan; 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 and the need for relocation assistance for displaced residents and compatibility with the
surrounding neighborhood; 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:
is the legal title holder of the property legally described as
Commencing at the Northeast comer of Section 3, Township 79 North, Range 6 West of the
P.M.; thence North 88031' West 689.3 feet to the centerline of the Prairie du Chien Road and
the place of beginning; thence North 88041' West 36.6 feet to a iron pin on the road right of
way line; thence continuing North 88041 ' West 637.4 feet to an iron pin at the Northwest
comer of the tract; thence south 1 007' East 162.9 feet to an iron pin at the Southwest comer
of the tract; thence south 88025' East 710.6 feet to an iron pin on the Westerly road right of
way line; thence continuing South 88025' East 38.8 feet to the centerline of the said Prairie du
Chien Road; thence North 30003' West 57.5 feet along the centerline of the road; thence
Northerly 128.0 feet along a 573.7 foot radius curve concave Easterly to the place of
beginning.
ppdadMa9UM18-000D2= M02).dm 1
Excepting therefrom any part of said premises conveyed to the State of Iowa by Warranty
Deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa.
Also excepting therefrom the following described tract: Commencing at the Northeast comer
of Section 3, Township 79 North, Range 6 West of the 5H P.M., thence North 880 13' West
689.3 feet to the centerline of the Prairie du Chien Road; thence Southerly 99.9 feet along a
573.7 foot radius curve concave Easterly to the place of beginning; thence North 88027' West
38.6 feet to an iron pin on the road right of way line; thence continuing North 88027' West
190.2 feet to an iron pin; thence South 1 055' West 72.0 feet to an iron pin; thence South
88025' East 232.6 feet to an iron pin on the road right of way; thence continuing South 88025'
East 38.8 feet to the centerline of the Prairie du Chien Road; thence North 30003' West 57.5
feet along the centerline of said road; thence Northerly 28.1 feet along a 573.7 foot radius
curve concave Easterly to the place of beginning.
Also excepting a portion of the Northwest Quarter of the Northeast Quarter and a portion of
the Northeast Quarter of the Northeast Quarter of Section 3, Township 79 North, Range 6
West of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of
which are described as follows: Commencing at the North quarter corner of Section 3,
Township 79 North, Range 6 West of the Fifth Principal Meridian, Iowa City, Johnson County,
Iowa; Thence N89030'00"E, along the North line of the Northeast Quarter of said Section 3, a
distance of 1279.40 feet to the point of beginning; Thence continuing N89030'00"E, along
said North line, 224.59 feet; thence Southwesterly, 1 14.62 feet, along an arc of a 367.00 foot
radius curve, concave Southeasterly, whose 1 14.15 foot chord bears S42040'40"W; Thence
S33043'51"W, 97.64 feet; Thence S89028'1 5"W, 100.53 feet; Thence NO3 0 14'55"W, 143.55
feet; Thence N37002'18"E, 26.03 feet to a point on said North line of the Northeast Quarter
and said point of beginning, containing 0.61 acres.
AND
Commencing at the Northeast corner of Section 3, Township 79 North, Range 6 West of the
5th P.M., thence North 880 13'West 689.3 feet to the centerline of the Prairie du Chien Road;
thence Southerly 99.9 feet along a 573.7 foot radius curve concave Easterly to the place of
beginning; thence North 88027' West 38.6 feet to an iron pin on the road right of way line;
thence continuing North 88°27' West 190.2 feet to an iron pin; thence South 1 055' West 72.0
feet to an iron pin; thence South 88025' East 232.6 feet to an iron pin on the road right of way
line; thence continuing South 88025' East 38.8 feet to the centerline of the Prairie du Chien
Road; thence North 30103' West 57.5 feet along the centerline of said road; thence Northerly
28.1 feet along a 573.7 foot radius curve concave Easterly to the place of beginn ing.
Excepting therefrom any part of said premises conveyed to the State of Iowa by Warranty
Deed recorded in Book 254, Page 62, Deed Records of Johnson County, Iowa.
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 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
ppdadmlagVT 218-00002 m (002).doc 2
that development of the subject property will conform to all other requirements of the
zoning chapter, as well as the following conditions:
ti
4. The Owner, 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, 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.
8. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of
City of Iowa City
Jim Throgmorton, Mayor
Attest:
Kellie Fruehling, City Clerk
Approved by:
ppdadMa9i/rez18-0W02 = (002).dm 3
20_
in
By:
City Attorney's Office
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 20_ by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of
(Stamp or Seal)
Title (and Rank)
Corporate Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 20_ by
as -
of Inc.
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
ppdadMagVrez18-00002 = (002).dw 4
Prepared by: Sylvia Bochner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00003)
Ordinance No.
An ordinance conditionally rezoning approximately 1.1 acres of
property located at 225 and 225 % Prentiss Street, from Intensive
Commercial (CI -1) to Riverfront Crossings—Central Crossings
(RFC -CX). (REZ18-00003)
Whereas, the applicant, Hodge Construction, has requested a rezoning of property located at 225 and
225 %s Prentiss Street from Intensive Commercial (CIA) to Riverfront Crossings—Central Crossings (RFC -
CX); and
Whereas, the Downtown and Riverfront Crossing Master Plan indicates that this area should be
redeveloped with multi -family housing and the restoration of Ralston Creek; 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
improvement of Ralston Creek and providing a pedestrian street in accordance with the Form -Based
Development Standards for RFC -CX; 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 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.
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 Intensive
Commercial (CI -1) to Riverfront Crossings—Central Crossings (RFC -CX):
Lot 3, except the north 50 feet thereof, and all of Lot 4, in Block 10, County Seat Addition to Iowa
City, Iowa, according to the plat thereof recorded in Book 1 and 2, Page 253, Deed of Records of
Johnson County, Iowa; and
The north 50 feet of Lot 3 in Block 10, County Seat Addition to Iowa City, Iowa. According to the
recorded plat thereof; and
Lots 1 and 2 in Block 10 in that part of Iowa City, Iowa, laid off by the Commissioners of Johnson
County, Iowa, as the County Seat of Johnson County, Iowa, according to the recorded plat
thereof.
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 Agreement. The mayor is hereby authorized and directed to sign, and the
City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following
passage and approval of this Ordinance.
Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is
hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the
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.
Ordinance No.
Page 2
Section VII. Effective Date.
publication, as provided by law.
Passed and approved this
MAYOR
ATTEST:
CITY CLERK
Ap roved b
City Attorneys Office
This Ordinance shall be in effect after its final passage, approval and
day of
20_
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ18-00003)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City") and Dubuque and Prentiss Investments LC (hereinafter "Owner").
Whereas, Owner is the legal title holder of approximately 1.1 acres of property located at
225 and 225 % Prentiss Street; and
Whereas, the Owner has requested the rezoning of said property from Intensive
Commercial (CI -1) to Riverfront Crossing s—Centrai Crossings (RFC -CX); and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding improvements to Ralston Creek and development of a pedestrian street,
the requested zoning is consistent with the Comprehensive Plan; 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 and the need for creek restoration and pedestrian connectivity; 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. Dubuque and Prentiss Investments LC is the legal title holder of the property legally
described as
Lot 3, except the north 50 feet thereof, and all of Lot 4, in Block 10, County Seat Addition
to Iowa City, Iowa, according to the plat thereof recorded in Book 1 and 2, Page 253,
Deed of Records of Johnson County, Iowa; and
The north 50 feet of Lot 3 in Block 10, County Seat Addition to Iowa City, Iowa.
According to the recorded plat thereof; and
Lots 1 and 2 in Block 10 in that part of Iowa City, Iowa, laid off by the Commissioners of
Johnson County, Iowa, as the County Seat of Johnson County, Iowa, according to the
recorded plat thereof.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Downtown and Riverfront Crossings Master Plan.
Further, the parties acknowledge that Iowa Code §414.5 (2017) 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
ppdadMagVrul &00003 =Opp
change.
3. In consideration of the City's rezoning the subject property, Owner agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
A. Improvement of Ralston Creek and the adjacent pedestrian street in accordance
with the Form -Based Development Standards for Riverfront Crossings as follows:
1. Removal of invasive trees.
2. Stream bank stabilization including necessary grading and addition of rip -rap.
3. Planting of trees in accordance with a plan approved by the City Forester.
4. Installation of a minimum 6 -foot wide sidewalk adjacent to the top of the
streambank.
5. Installation of pedestrian scale lighting.
6. Dedication of temporary construction easements for the reconstruction of the
Prentiss Street Bridge.
7. The above work shall be done according to a plan prepared by the Owner and
approved by the City Engineer prior to the issuance of a building permit.
B. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa
City Code of Ordinances 14-2G-8 through the provision of on-site or off-site owner -
occupied dwelling units, on-site or off-site rental dwelling units, and/or the payment of a
fee in lieu thereof, as agreed to between Owner and the City in an affordable housing
agreement entered into prior to issuance of a building permit for development of any
portion of the above-described property.
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 acknowledges that nothing in this Conditional Zoning Agreement shall be
ppdadMagUrez18-00003 Q dM
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 Applicant's expense.
Dated this day of 20 f
City of Iowa City j%ptlulfu� 10^� f�/tn�S��iy�«ortlS�G.G.
Jim Throgmorton, Mayor By: /-1100ii
Attest:
Kellie Fruehling, City Clerk By
Aproved b
�- /7-/Y
City Attorney's Office
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on
20_ by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public
(Stamp or Seal)
Title (and Rank)
Corporate Acknowledgement:
STATE OF IOWA )
) ss:
ppdaEMagVM18 00003 = dw 3
and for the State of Iowa
JOHNSON COUNTY )
This instrument was acknowledged before me on
as
20_ by
of , Inc.
Notary Public in and for said County and State
(Stamp or Seal)
Title (and Rank)
Dubuque and Prentiss Investments LC Acknowledgment:
State ofd,
County of
This record was acknowledged before me on q LAR (Date)
bye: ;,, f, n n (Name(s) of individual(s) as
/�p�aner (type of authority, such as officer or trustee) of
Lc (name of party on behalf of whom record
was executed).
•"°`�P DENISE ROHM
r Commission Number 726698
My Commission Expires
February 2, 2019
pp dadaYagVrU1 B-00003 = dw
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
that the
First Consideration 04/17/2018
Voteforpassage: AYES: Mims, Salih, Taylor, Thomas, Throgmorton,
Botchway, Cole. NAYS: None. ABSENT: None.
Second Consideration 05/01/2018
Vote for passage: AYES: Cole, Mims, Salih, Taylor, Thomas,
Throgmorton, Botchway. NAYS: None. ABSENT: None.
Date published
05-01-18
6b
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Julie Tallman
Item: REZ18-00003 Date: February 15, 2018
GENERAL INFORMATION:
Applicant:
Hodge Construction
711 S. Gilbert St.
Iowa City, Iowa 52240
Contact:
Kevin Digmann
319-354-2233
kevind@hodgeconstruction.com
Requested Action:
Rezone from Intensive Commercial (CI -1) Zone to
Riverfront Crossings — Central Crossings (RFC -CX)
Purpose:
Redevelopment according to the Riverfront
Crossings District Plan and form -based code
Location:
200 block of Prentiss St in the Central Crossings
Subdistrict of Riverfront Crossings
Size:
Approximately 1.1 acres
Existing Land Use and Zoning:
Commercial; vacant/CI-1
Surrounding Land Use and Zoning:
North: multi -family residential (PRM)
South: commercial (CC -2 and CI -1)
East: commercial (CIA)
West: multi -family and commercial (RFX-CX and
CC -2)
Comprehensive Plan: Riverfront Crossings Master Plan objectives include
encouraging contextual infill, restoring and enhancing
Ralston creek, and promoting new housing options.
File Date: January 25, 2018
45 Day Limitation Period: March 12, 2018
2
-LIN'r(C :L•In0IHlal7•l:tIVira\It•]�P
The subject property is located in the 200 block of E. Prentiss Street and comprises the entire
eastern half of this city block. The property is currently zoned Intensive Commercial (CI -1). The
existing building is vacant and formerly was a plumbing supply company with office, sales, repair,
warehousing, loading and unloading docks, and a parking lot.
The property falls within the Central Crossings Subdistrict of the Riverfront Crossings District and,
therefore, the form -based zoning code for Riverfront Crossings will apply if the property is rezoned.
The applicant has indicated that they have chosen not to use the "Good Neighbor Policy."
ANALYSIS:
Comprehensive Plan: This property is located within the Central Crossings Subdistrict of the
Downtown and Riverfront Crossings Master Plan. Ralston Creek forms the eastern boundary of the
subdistrict. The Plan calls for Ralston Creek to be restored and turned into a community amenity
for a redeveloped mixed used neighborhood as described on page 67:
Ralston Creek Redevelopment — Beyond restoring Ralston Creek to good health, one
of the key goals is to turn it into an asset that will stimulate redevelopment along its
banks. A naturalized creek, along with small park areas, meadows, and a trail will
provide amenity value and much needed neighborhood open space. This in turn will
encourage new residential development along its banks, catering to a demographic that
desires ownership adjacent to downtown, but with direct access to nature and
recreation.
As existing apartments reach their lifespan, condos and townhouses will replace them
along the creek. Their design will be more urban in nature, and take advantage of the
views of the creek instead of turning their back on it. In many cases, parking will be
provided on the ground level in order to raise habitable space above the floodplain and
to provide views up and down the creek.
The subject property is identified in the red circle in this image from the Downtown and Riverfront
Crossings Master Plan.
As discussed below the Riverfront Crossings Form -Based Code is intended to implement the vision
contained in the Master Plan.
Current and proposed zoning: The purpose of the Intensive Commercial Zone (CI -1) is to
provide areas for those sales and service functions and businesses whose operations are typically
characterized by outdoor display and storage of merchandise, by repair and sales of large
equipment or motor vehicles, by outdoor commercial amusement and recreational activities or by
activities or operations conducted in buildings or structures not completely enclosed. Residential
uses are not allowed in the CI -1 zone. The requested Riverfront Crossings zoning will significantly
increase the development potential of the property. With the increased development rights come
requirements for improvements of a pedestrian street along Ralston Creek to help ensure a safe
and attractive living environment.
The Riverfront Crossings — Central Crossings (RFC -CX) zone is intended for moderate intensity
mixed-use developments in buildings with entries opening onto pedestrian -friendly public streets
and streetscapes. It allows for a mix of commercial and residential uses. The from -based codes
requires features, such as building articulation and upper floor stepbacks intended to create more
moderate scale development compared to the South Downtown Subdistrict.
The applicant is proposing an apartment building with integrated parking on the lower level and has
submitted the attached concept plans showing how the property might be developed (it should be
noted that the floodway needs to be delineated before the exact building area can be established
and therefore the concept plan is subject to change).
Both the Sensitive Areas Ordinance and the Riverfront Crossings Form -Based Code require a 30 -
foot wide buffer between the edge of the Ralston Creek floodway and any development activity. It
will be necessary for a licensed engineer to determine the edge of the floodway. The 30 -foot buffer
is measured from the edge of the floodway. Once a sensitive areas site plan is submitted with a
delineation of these boundaries, the buildable area of the lot can be determined and form -based
zoning standards applied to the buildable site area. Since the regulating plan for Riverfront
Crossings requires a pedestrian street along Ralston Creek, the building and the buffer area will
need to be designed according to the Ralston Creek pedestrian street standards of the form -based
code, which includes a public trail within the 30 -foot stream corridor buffer.
The flood elevation of Ralston Creek is 655.7 and the elevation of any residential floor may not be
less than 656.7. Floodproofing requirements and minimum floor elevations will be administered
and determined during the site plan and building plan reviews.
In the Central Crossings Zones, the maximum building height is four (4) stories with a required 10 -
foot upper story fagade stepback above the 31 story. Because of the designated Pedestrian Street,
the building's east fagade will need to be designed as a frontage with an entry or entries that are
accessible from the Pedestrian Street.
Requirements for streetscape improvements, open space, accessible pedestrian routes,
landscaping, building design and materials will be administered through site plan review and form -
based code committee review.
Traffic implications: There is an existing alley that will provide vehicular access to any new
building or buildings on the site. The alley already provides access to mixed-use and apartment
buildings along the 500 block of S. Dubuque. Pedestrian movement will be extended farther south
with the addition of a creekside trail that will be accessible from an improved ADA -compliant
crossing at Linn and Prentiss Streets.
Infrastructure: Sanitary sewer runs north -south in the alley with potential manhole connections in
E. Prentiss St. and at the south end of the alley. A 6" water main runs along the north side of E.
Prentiss.
4
STAFF RECOMMENDATION:
Staff recommends approval of REZ18-00003, a proposal to rezone approximately 1.10 acres of
property located within the 200 block of Prentiss Street from Intensive Commercial (CI -1) to
Riverfront Crossing -Central Crossings (RFC -CX), subject to a Conditional Zoning Agreement
providing for the improvement of Ralston Creek and the pedestrian street in accordance with Form -
Based Development Standards for RFC -CX.
ATTACHMENTS:
1. Location Map
2. Concept Plan l
Approved by: l T'
Tracy Hights Di
Department of Neig.
and Development Services
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MEMORANDUM
Date: March 15, 2018
To: Planning and Zoning Commission
From: Bob Miklo, Senior Planner
Re: REZ18-00003 225 Prentiss Street
The applicant has submitted a revised concept plan including building elevations for the subject
property. The plan defines the floodway and includes a pedestrian street and green space along
Ralston Creek, which is adjacent to the east side of the proposed apartment building. The
concept shows a pedestrian walkway at the top of the creek bank. The plan includes trees and
pedestrian scale lighting. Rather than end at the railroad, the sidewalk is designed to loop west
to the alley. This will help provide pedestrian access to the creek front open space from the
other apartment buildings in this block. The concept demonstrates general compliance with the
requirements for a pedestrian street along the Ralston Creek frontage. The plan will be further
developed and approved by the Design Review Committee at time of site plan approval.
The revised building elevations indicate that the building will comply with the requirements the
Riverfront Crossings Form Based Code, including the 10 -foot step back above the third floor. At
street corners, tower elements may be exempt from the step back. The plan does show a tower
element at the intersection of the Ralston Creek pedestrian street and Prentiss Street.
Attachments:
1. Concept site plan
2. Building elevations
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Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 4 of 21
Yapp next showed images of the townhouse styles they are proposing. They feel they will have
variation in the townhomes both vertically and horizontally with the roof lines, stoops, how far
back the front doors are, sizes of the townhouses, and changes in colors. He showed an
example of the courtyard in the middle of the property. There is also variety in the backs of the
units, some have decks over the garages with patio doors that go into the units, some will be
smaller and instead of a deck there is a three -season room next to the garage.
Dyer asked in the courtyard if there would be any amenities. Yapp replied they will include a
gazebo and seating and grilling areas and have submitted a concept plan with those amenities.
Hensch asked about the wetland buffer and if the wetland area buffer could be larger if those
adjoining lots were decreased a bit. Yapp replied it is a balancing act in trying to meet City
Code, goals of the Comprehensive Plan and also trying to meet approval of neighbors. In this
case a couple of the lots were smaller and several neighbors requested the lot size be
increased to be more consistent with others on the street.
Signs asked if Scott Park water retention area flooded over Scott Boulevard in the past. Miklo
stated he doesn't believe Scott Boulevard ever flooded over, it has been full with water but has
not gone over the street. Martin confirmed that she lived in the area in 2008 and it did not go
over the street.
Hensch asked if there has been water issues with the neighborhood to the south. Miklo is not
aware of any issues.
Freerks closed the public hearing.
Signs moves to recommend approval of REZ18-0006/SUB18-0001, an application
submitted by Allen Homes, Inc. for a rezoning and Preliminary Plat and Sensitive
Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre
residential subdivision located in the OPD-5/OPD-8 zone located South of Lower West
Branch Road and North of Anna Street.
Martin seconded the motion.
Hensch noted that it probably doesn't make a difference on this application but shared an
overall concern of reducing wetlands buffers as it was also part of another recent application
and the idea of the buffer is to slow down water and keep areas intact. He shared concerns
about water quality, erosion and wet neighborhoods. Freerks agreed but was happy to see the
exchange of land to the City in this proposal and that will help to protect the wetlands. Dyer
added her concern about building on the narrowed buffer.
A vote was taken and the motion passed 5-0.
.-=-4 REZONING ITEM (REZ18-00003):
Discussion of an application submitted by Hodge Construction for a rezoning of approximately
1.1 acres from Intensive Commercial (CI -1) zone to Riverfront Crossings - Central Crossings
(RFC -CX) zone for property located at 225 & 225'/ E. Prentiss Street.
Miklo began the staff report noting the location of the property as south of Prentiss Street and
east of Ralston Creek, it is currently zoned Intensive Commercial which does not allow any
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 5 of 21
residential uses in that zone, so rezoning this property will increase the development potential
and value of this property considerably.
The area is within the Riverfront Crossings District and within the Central Crossings Subdistrict
and that would apply if this is rezoned. The area to the north is the South Downtown Subdistrict
of the Riverfront Crossings area which allows for larger buildings and higher density. The idea
is density and scale of buildings will step down as we move to the south including this property.
Miklo explained that the Form -Based Code has a series of standards to require that the
buildings have a smaller scale and with step backs on the upper floors of the buildings, again to
create more of a human scale as compared to the South Downtown District.
Miklo said this particular property as noted is adjacent to Ralston Creek, which is identified in
the Form -Based Code as a pedestrian street, or open space, both on the Plan and in the Code.
Miklo stated that when they first received the Plan there was no indication where the floodway is
and the floodway is the point at which the 30 foot setback is required and a pedestrian street will
be within that area. Miklo said that he did receive a call from the applicant this morning
indicating that the blue line on the proposal represents the floodway. The City does need
verification of that and needs a drawing with elevation points on it so the City Engineers can
verify the floodway.
Miklo pointed out that the concept plan that is submitted with this application is just a concept
plan and the Commission is not approving this particular plan and it is subject to change and if
that blue line is the floodway then the concept plan would need to change because there is a 30
foot setback required from that floodway for the pedestrian street and the creek buffer.
Staff is recommending approval of this realizing that there may be some changes in this Plan to
adhere to the Form -Based Code requirements and the requirement for the pedestrian street and
the setback. Staff is recommending approval be conditioned on improvement of the pedestrian
street to the center line of the right-of-way, which may entail some work on the creek bank itself,
the City Engineers would plan to meet with the applicant to determine the extent of those
improvements.
Freerks asked about the 30 feet noting that the property line doesn't encompass the creek or all
of the sidewalk, that 30 feet buffer isn't necessarily from the property line its 30 feet from the
floodway. Miklo confirmed that was correct. Freerks said that there are potentially lots of things
that may change with this application and the concept is not very clear. There are a lot of
unanswered questions at this point. They need to know where the flood plain lies so they can
know how the building will lay out.
Freerks is concerned because the concept drawing doesn't have a set back on the fourth floor,
and a step back is required by the code. Freerks reviewed the Riverfront Crossings Plan and
Code which require the step back. The Commission approved Whistler Place just in December
on South Dubuque street and that developer included the step backs on the fourth level in their
plan. Freerks stated that what she is seeing in the application doesn't really mesh with
concepts and some of the needs the City has put forward, so she is interested in hearing a little
more about it.
Hensch asked Miklo to clarify the definition of floodway versus terms they regularly hear like 100
year flood plain or 500 year flood plain. Miklo explained that floodway is a channel by FEMA
regulations cannot be built upon, a flood plain can be built upon if it meets certain conditions.
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 6 of 21
The floodway will carry floodwater, a flood plain will store floodwater.
Hensch asked in the Riverfront Crossings area what are the goals for Ralston Creek and
development along Ralston Creek. Miklo stated there is a section in the Staff Report to
describe the goals. The goal is to improve Ralston Creek, to turn it into an amenity rather than
current situation where a lot of buildings turn their back to the creek. The idea illustrated in the
Plan is to have a small park here and that is why the Code requires a pedestrian street in this
particular area.
Freerks noted that this would be a huge increase in what the owner is able to do with this
property so she expects compliance with the Riverfront Crossings Master Plan and Form Based
Code. The applicants concept for amenities along the creek seem just like a slab of cement.
Something better can be done along there. Freerks is making these points early because while
they are not improving the concept plan, just the rezoning, this item will never come before the
Commission again. Miklo stated that once the Commission would approve the zoning the
placement and design of the buildings would be reviewed by the Form -Based Code Committee
which is basically the Design Review Committee which is made up of staff. Freerks asserted
she is uncomfortable with that sometimes, noting they have asked a lot more from other
developers and it seems like they need to be consistent.
Signs stated he agrees with Freerks in that they spent a lot of time talking about this district, and
talking about the green spaces and look of the buildings and articulation and all those things.
He would agree all he sees with this concept is a large block sitting on a piece of land.
Freerks added they might not even get that because they don't know where the flood way is
located and therefore where the building be located. These are issues she would like to see
answered.
Signs agrees, the pedestrian street as shown in the renderings here doesn't look terribly
welcoming to him, there is a large concrete terrace deck shown on the east side facing the
creek, a couple trees popped in there, it just doesn't feel like what he believes the goal of area is
supposed to feel like.
Dyer stated the building drawings make it looks like a prison, at least the part facing Prentiss
Street. She added that it disturbs her that the Commission gets conceptual drawings which
don't necessarily have anything to do with reality and then the Commission never sees what is
approved, and the conceptual drawings don't meet their requirements. She noted if you
compare the site plan to the image from the Riverfront Crossings District it is like an entirely
different vision, and the Riverfront Crossings District Plan is what the Commission approved. In
that example there is a curving sidewalk, a central stopping place. It bothers her that we would
accept something far short of what the Master Plan shows.
Freerks asked if there were any more questions for Staff. She acknowledged the applicant and
told them they will get their chance to speak not to feel defeated, the Commission just wanted to
lay out their concerns and go forward from there.
Freerks opened the public discussion and asked the applicant to step forward, sign in and state
their name.
Kevin Digmann (Hodge Construction) asked Miklo to show some photos of existing conditions at
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 7 of 21
this location. Miklo said he did not have those on the computer in this presentation. Freerks
said she looked online and has been by there many times so knows what it looks like now.
Digmann asked to walk the Commission through this project because they have built similar
buildings on the corner to the west. He pointed to the building at the bottom of Dubuque Street,
the bottom left one, it is an L shape, actually revers L shape, and that building exists today and
if anyone has driven by it they have received a lot of positive comments on it. The building in
the middle is the very building similar to this project, looks pretty similar, none of the buildings
are exactly alike but they use a lot of similar materials and characteristics.
Freerks asked if they have a setback on the fourth floor. Digmann said they do have a small
one and when they met with Staff they got a variance on how deep the setback had to be
because the problem is, you have to -understand when you build a building it is efficient to do a
corridor down the center, you get units on both sides. So all of a sudden when you say you
have to set one side so far back, it totally blows the floor plans, it blows the costs go up so much
more because the structural systems become so different, it is easy to say this is what you
should do but in reality it is very difficult and very expensive to do.
Digmann noted that in the first two buildings they talk about some changes in materials, they
really stick out, if they look at the one picture you can see how on the top floor it really is a big
change in materials without a setback, there actually is a setback but it's only a few feet not the
ten feet the Code asks for, which is what they did in the second building. And then the third
building on Dubuque Street he pointed out they are working with The Housing Fellowship to do
an affordable housing piece there, they have applied for State tax credits, so all these buildings
will have similar characteristics to what this is. If they have driven by they will notice the look of
this building does look and feel a lot like what exists there today.
Digmann stated the challenge with this site is the creek they can't really do underground
parking, they are doing at -grade parking, so the first level for the most part along the creek and
alley really is a parking area, they have tried on Prentiss Street to make a big statement for what
the building looks like as you enter. As far as the buffer, although they haven't gotten the exact
engineering documents, this was designed by the engineer who laid this out for the floodway
with the 30 foot buffer, hence why the building is cocked at a little bit of an angle. They also
wanted to keep it as close to that side as they can, so obviously there is a little bit of a buffer
between the existing buildings that are going up on Dubuque Street. So they are trying to keep
it as close to the 30 foot buffer so that you don't have one side with all kinds of space and
another smack up against the alley looking at the other buildings. So they are thinking of the
residents. Digmann noted with the patio area, they did met with staff and talked about this with
the idea to try to create that pedestrian street and some activities and try to create it so it is a
common amenity for all of the people there as far as being able to have this outdoor patio area
with some steps that come down.
Digmann pointed out they never know what the future of the creek will be, there is a railroad
track, and he doesn't think there is any near-term plans to have any sort of underpass cut
through that railroad track. Digmann said as far as the pedestrian street, traffic in this project
will all be going to Prentiss Street, there is nothing going south on this project, and as he stands
here today he doesn't think there ever will be but that can change. Digmann stated that they
have to start somewhere, and it gets so expensive to draw concepts before even finding out if
they can go to the next level. He talked with Miklo today and understands the challenges, and
they talked about meeting down at the creek to figure out what they need to do along the creek
to enhance it and make it better.
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 8 of 21
Digmann added as far as the building goes, it is there and he encourages all the Commission to
go drive by and see what exists today. He noted because they have to raise the parking, it is
really a three-story building and then the parking. Digmann also pointed out if they go around
the top corner of the parking garage that was just built in that area it is a four story building and
has no setback at all on the fourth floor. He's not saying "they didn't have to do it, we shouldn't
have to do it" they are trying to comply. He had Miklo show images of the concept and how they
are trying to make the big statement on Prentiss Street because they are looking at it with no
other context and other buildings around so you can see a lot more of the building than you will
on the ground, but going down Prentiss Street you are going down a pretty steep driveway,
there is actually a single-family home sitting on the right side of the alleyway which you don't
see, and the building will angle back to the south as you go back. Looking at the images, the
top floor does have some setback and a big change in materials and cornice around there to
give it more of that impression.
Freerks asked if Digmann's other buildings in Riverfront Crossings have a 10 foot setback.
Digmann confirmed they do not, they had a conversation about reducing the setback due to the
change in materials, and the perception that when you look at it, it is not that visible because of
what surrounds it.
Miklo clarified that the building on the corner does have a 10 foot setback. Digmann said it is a
10 foot setback on the north side of the building but not on the pedestrian street, Dubuque
Street. Digmann added that on the other building, the center one, that is where they went five
stories and put a setback on the fifth story which is not all the way to 10 feet. Digmann stressed
that everyone has to understand that it's not about just not trying to do it, he would do it in a
second, it's just how it changes the floor plans and how expensive it gets to build to do that.
Dyer stated there is no guarantee that they can build what they want. The Code requires a 10
foot set back, there is no guarantee you can build something that doesn't have a 10 foot
setback. She said other developers have figured out how to do it.
Freerks added if they want the height you have to go by Code and she is puzzled by how two
buildings have appeared now that don't meet Code and now being asked about a third one.
Digmann didn't want to argue but then how did the City get one built right across the street with
the parking ramp that has zero setback. Freerks asked if Miklo or Howard if they wanted to
address that. Howard replied that the Sabin Townhomes are the liner building for the municipal
parking garage there so those units are only 20 feet deep and if a 10 foot setback was done on
a liner building like that the units would only be 10 feet deep. Freerks remembers talking about
that. Howard noted there is a specific adjustment for liner buildings like that which allows that to
occur. Also for that building it was allowed because it was hiding a parking structure which is
not a particularly pleasant thing to see so the building was allowed to be as tall as the parking
structure so it would hide the structure from visibility from the street.
Digmann noted that is the same situation as they are getting into with their building. You have a
corridor down the middle and two equal size units on each side for all floors until you get to the
top floor and with a corridor down the middle on side also has to come in so far and basically
are taking what might be a 20 foot unit and sizing it back 10 feet. And working with staff they
understand there may be some situations where it may work, have change in materials, really
make it stand out, and have some leeway on some of that stuff.
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 9 of 21
Freerks asked which staff he worked with on this design. Digmann said he worked with John
Yapp and Doug Boothroy. Digmann also said they could have a long set of stairs coming out of
second floor units but then it feels like that whole area is just for residents to have stairs down
there, this way it becomes a common amenity for all the units. Freerks understands that but
feels it is more what can be done with it to make it more desirable for people to want to spend
time out there. She acknowledges that is more detailed oriented, for her the big thing is the
setback, it is Code, it is what they ask other developers to do, and it seems unfair to her that
some people are required to meet Code and other people are not for no good reason really.
Freerks stated they did change some language in December but they tried to be very specific
about that so if for some reason you absolutely couldn't meet the Code there was a good
reason not just that it made it easier. She doesn't think that is what anyone here had in mind.
Dyer added that the building could be designed quite differently and meet that requirement.
Digmann doesn't disagree. He isn't here to debate this, he is just trying to move it forward that is
a corner building where clearly from both angles you can kind of see the setback. He is saying
for a building like this, to say every building has to be this way, there should always be cases
where maybe it just doesn't make as much sense in one case as it does in another. Freerks
commented that it seems to her that there are three out of four here where the case is being
made that the setback is not needed on this block and she has concerns about it. The goal of
Riverfront Crossings is to have smaller scale buildings in this district.
Signs stated that was the concern, they keep seeing exceptions, exceptions, exceptions and a
lot of time and effort, City resources and community input went into developing this district and
the requirements in this district and they continually see request for exceptions and then pretty
soon you have a block where three out of four of the buildings don't meet the Code and it gets
very frustrating when they know what has gone into these Codes and it gets set aside.
Digmann wanted to make the statement that the Commission is not here to approve the no
setback, they are here to approve the zoning so they have to comply with the rules right. And
then that will be up to City staff.
Freerks interjected that then somebody in City staff has approved that twice to reduce the
setback and she has concern about that. Digmann stated that the voice of that decision needs
to go through City staff, he understands that the Commission does not like to see this but again
he is not asking them to approve no setback, he is just asking them to rezone this property to
what is in the Riverfront Crossings Code, in the map it says here is what we want to do, this is a
start of what we want to do, we understand we have to subject to conditional zoning agreement
which they will have to negotiate with the City. Freerks agreed but stated that they will get
through the Commission but then get what they want from the City because whoever they are
talking to is allowing this to happen. She doesn't know how this is happening but to her
something is going on where they are continuing not even meeting the basic standards.
Signs stated that while the Commission can't comment on the design, well we can comment on
it, but to Digmann's point not decide on design. However Signs is more than happy to defer this
application until the Commission gets more answer as to why the designs aren't being done
correctly after they leave this desk. There does come a point where they just have to say it
needs to stop and you may have just reached that point.
Dyer noted that other developers are having to meet these requirements. Digmann stated he is
not asking to do away with the setback. Freerks and Dyer interjected that yes he is. Digmann
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 10 of 21
pointed out this is a conceptual drawing, the application is for rezoning, and the Commission is
not to approve the design. Freerks pointed out the with the Whistler project they did get a
design and approved the rezoning with some great detail to the design, they actually talked
about how many square foot of open space would be on the roof so there were things that were
adhered to that.
Digmann asked why they can't go on record tonight to say it is approved subject to the setback
per the City Code.
Martin said to back up just a little bit, she totally gets that they are here to do a rezoning
however once Riverfront Crossings went through and they started getting applications
historically they have set a precedent that they wanted to see more complete drawings, more
substantial, not just concepts, that has been happening for the last couple of years. Freerks
said that they are giving so much more by allowing this kind of upgrade to the zoning and so
they have required that people show them more, it's not a typical South Johnson Street. Martin
added that setback aside, they want to see more.
Digmann understands and stated that when they send their plans in for design review, it's not a
whole lot different than the concepts, it's not angled images, it's straight -on images, so what he
is hearing is if he came back next month or whenever and that top floor was setback 10 feet
we'd be fine. Freerks replied maybe or maybe not. She added that they've talked about
amenities along the walkway so it is inviting. What they want to see is something that is of a
higher caliber, it needs to be better than what you'd see normally, it is what they are expecting
in the Riverfront Crossings. If you look through the Riverfront Crossings you can see all kinds of
visuals that show the variations people use so there is something that is very different. Freerks
added that the waterway is important, the flood area that is a key point to how the building is
going to lay out on the lot and that will in turn play out in what kind of building you can build, how
wide it can be. Digmann said that is what they have done, that is why the blue line is there.
Freerks said they don't know for sure and that is why it needs to be checked by the engineers.
Dyer said there is no engineering drawings, there is nothing to do with elevation of the land.
Freerks stated they are not trying to pick on Digmann they just want some of the basics, he is
not meeting what other developers are giving the Commission.
Digmann stressed that his point is the Commission is saying there is a Riverfront Crossings
Code out there that is to be followed. Freerks confirmed. Digmann said the Commission is also
not happy that City staff is giving leeway on any of this. Freerks stated that is not what she said.
Digmann stated that isn't it the City staff's job to enforce what is in the Code with the design.
Freerks stated she will not debate that right now, it is a conversation they may have later in the
meeting regarding what is occurring, it is an ongoing problem with minimums not being met,
what she is asking of Digmann is interest in the flood area, more specifics on how the building is
going to be laid out, and the fact that there is not the basic requirement for setback on the fourth
floor.
Hektoen added that the Commission does have the authority to impose conditions to satisfy
public needs created by the rezoning, there is a lot of language in the Comprehensive Plan
upon which you can formulate. Freerks added they can require many things if they want to.
Hensch stated he actually thinks they are pretty close, the building at the corner of Prentiss
Street and Dubuque Street is pretty great. Just stick with what the Riverfront Crossings is asking
and the one paragraph in the staff report about Ralston Creek development, if the intent or spirit
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 11 of 21
of that is followed for that area in front of the creek he thinks they are really close. The point is
perhaps that they are trying to draw the line about fewer exceptions.
Digmann doesn't have a problem with that he feels that if it's in the book, and this is what the
zone is, then it is, and then it's up to staff or whoever and he doesn't have to spend a lot of
money, more money than he's already spent, to try to come in here to see if the Commission
will approve something. Dyer explained that he knows what the rules are. Hensch concurred,
the Code is there and this representation presented tonight doesn't reflect the Code. Dyer
added that other developers invest a good deal more in their presentations to Planning and
Zoning. Digmann apologized and noted he did meet with staff on this, although they were prior
staff, and this was the feedback they got to move forward.
Freerks feels if they put a little more energy into making something a little more exceptional,
especially the way that public area is just not a slab of cement because having this be very
pedestrian friendly, especially utilizing the creek area, and then just going by the Code in terms
of Riverfront Crossings and having that setback is very important.
Digmann asked what her definition of pedestrian friends is. What kind of amenities do you look
for that make if more pedestrian? Freerks said there is no rail even there. Digmann said it
would have a railing around it. Martin said the Comprehensive Plan will contain an image of
what was in mind for the area so something along that vision. Dyer suggested townhouses
along there, saying it would be more appealing.
Freerks asked what the limitation period was on this. Miklo said they have until March 12, so it
can be deferred until the next meeting. Freerks stated they can get to a point here, she
acknowledged that Digmann has done lots of great things around town so don't feel defeated,
but what was presented tonight doesn't even meet the minimum.
Hensch stated that he applauds the desire for trying to do improvements along Ralston Creek,
he likes that people are taking it seriously as an ecological feature rather than a drainage ditch,
and unfortunately since you are one of the first developments to incorporate along Ralston
Creek you are going to be held as the example of how to do it right. Freerks said they should
be excited to see what they can do there.
Digmann said they will work on the setback and see what they can do on the pedestrian space.
Dyer also requested more information on the topography of the land and how the building will
set into it and the flood plain. Freerks stressed for Digmann to talk to Miklo as he is a great
resource, and the Commission likes his ideas generally.
Freerks closed the public hearing.
Hensch moved to recommend approval of deferring REZ18-00003 until the next meeting.
Martin seconded the motion.
Martin commented about three thoughts she has on this. She understands builders wanting
"here's the Code, here's the stamp, here's what you build" but this is the opportunity, especially
in Riverfront Crossings to make sure that they are holding people to a standard to beautify our
city and we don't want everything to look the same. She understands from a developer's point
of view the cost concern, but that is not the Commission's concern, their concern is the integrity
of preservation of this community.
Planning and Zoning Commission
February 15, 2018—Formal Meeting
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Signs goes back to the fact that the Code is there, and it is very specific in the Riverfront
Crossings District and this isn't it.
Freerks added if there is anything in the language that they changed recently that is making this
happen... will discuss at the end of the meeting because she has specific questions on things
she would like to have answered. Howard said the language updated at the last meeting was
with regard to upper level step backs allowed by a minor adjustment to any district of Riverfront
Crossings and did give quite a bit more leeway to what could be adjusted by staff. Miklo added
that there is some criteria that is has to meet and if the step back is not there, there has to be
other design features to visually break up the mass of the building. Freerks wondered if maybe
that is the problem, that people think they can just doll up the top level with another color or
cornice and actually that is not at all what they had in mind and if they are in anyway confusing
people they maybe need to revisit that because that was not the intention when they made that
change.
A vote was taken and the motion passed 5-0.
CODE AMENDMENT ITEMS:
Discussion of amendments to Title 14, Zoning, to address changes to state law regarding
occupancy of residential dwellings.
Howard shared the PowerPoint regarding the changes, it is quite lengthy because there are a
lot of little changes happening to the zoning ordinance. In January 2018 the state legislature
changed State Code to prohibit any municipality to enforce any regulation that limits occupancy
of rental property based on the existence of familial relationships. Howard noted that it a
common way to address occupancy across the United States so it has been a little bit of a
struggle for a lot of communities across the state of Iowa, particularly the cities that have large
colleges or universities.
Freerks asked if other states are also making this change. Howard said she is not aware of any
other state having this kind of restriction imposed by the state legislature.
Howard stated the City Council considered a number of changes in December that addressed
the Housing Code and specifically made some changes there. The goals for the recent
changes to the Housing Code and Zoning Code are to establish a balance between the short-
term rental opportunities for students and long-term housing options for more permanent
residents in the city and try to come up with alternative means that they used to be able to rely
on a specific formula of how many people could live within a single-family house or duplex unit.
Howard recapped the Housing Code changes because they do not come before the Planning &
Zoning Commission but she wanted to make them aware of them. These changes include a
cap on the number of single family and duplex rentals allowed in neighborhoods close to the UI
campus. The City set up a rental permit district and there are certain number of those districts
that exceeded the rental permit allowance of the 30% cap on the number of rental units in each
districts. So for many of the areas that are close to campus far exceed that 30% cap so no more
new rental permits shall be issued in those districts, with some exceptions. That was the big
change in the Housing Code. Additionally the City established a limit on the amount space
within a dwelling that can be used as bedrooms, and a requirement for a minimum amount of
Planning and Zoning Commission
March 15, 2018
Page 2 of 24
By a vote of 5-0 the Commission recommends approval of REZ18-00007, an application to
designate 410-412 North Clinton Street as an Iowa City Historic Landmark and rezone from
High Density Multi -Family Residential (RM -44) to RM -44 with a Historic Preservation Overlay
(RM-44/OHP).
By a vote of 5-0 the Commission recommends approval of SUB18-00002 an application
submitted by University Lake Partners, II for preliminary plat of Forest Hills Estates, a 53.29 -
acre 5 -lot subdivision with 4 residential lots and 1 commercial office lot located south of
Interstate 80 west of Prairie Du Chien Road.
By a vote of 5-0 the Commission recommends approval o SUB18-00003 an application
submitted by Stewart Road Development, LLC for a preliminary plat of Pine Grove Estates, a
4.59 -acre 4 -lot residential subdivision for property located at 3910 Stewart Road NE in Fringe
Area A of the Iowa City/Johnson County Fringe Area Agreement.
D
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
i REZONING ITEM (REZ1B-00003):
Discussion of an application submitted by Hodge Construction for a rezoning of approximately
1.1 acres from Intensive Commercial (CI -1) zone to Riverfront Crossings — Central Crossings
(RFC -CX) zone for the property located at 225 & 225 '/z E. Prentiss Street.
Miklo explained that this item was deferred from a previous meeting, since that meeting the
applicant has submitted a revised concept plan. Miklo showed photos of the current condition of
the property. The revised concept plan clearly identifies the floodway and that is important
because the setbacks for buildings on this property are based on the 30 foot setback from the
floodway, the plan also includes a pedestrian street, or walkway system, to serve the residents
of this building as well as the rest of the neighborhood. The plan calls for a walkway at the top
of the bank of Ralston Creek and then would move back to the alley so it would also provide
access to residents of the other buildings this applicant is building. The plan shows pedestrian
scale lighting and landscaping. In terms of the landscaping Miklo noted it is very conceptual at
this point, when the site plan is approved by the Design Review Committee they will work with
the applicant and City Forrester for more specifics on the landscaping plan but in general the
layout of the walkways and lighting should conform to this concept plan. Miklo noted the revised
plan also shows the 10 foot stepback on the fourth floor, an exception to that is the corner. The
Riverfront Crossing Code does allow at intersections of streets (in this case Prentiss Street and
the pedestrian street along Ralston Creek) a taller element, so this concept meets the Code.
Martin asked about the floodway, Miklo said the floodway goes up to the top of the bank.
Staff is recommending approval of REZ18-00003 subject to a conditional zoning agreement
which would specify the applicant will improve the pedestrian street to the center of the creek
Planning and Zoning Commission
March 15, 2018
Page 3 of 24
and will work with the City Engineer for the specifications, at a minimum it will include the
walkway and lighting shown in the concept plan.
Freerks opened the public hearing.
Kevin Digmann (Hodge Construction) noted that they took the comments from the
Commission's last meeting and tried to mirror what was in the book for the route and the
sidewalks, make it more friendly, they've added decks to the sides of the building, to bring more
area to view the creek and be outside, along the front of the building they added the stepback
per the Code.
Freerks noted the updated concept plan is much improved and appreciates Digmann and his
team working with City Staff in the last couple weeks to accomplish this.
Freerks closed the public hearing.
Parsons moved to recommend approval of application submitted by Hodge Construction
for a rezoning of approximately 1.1 acres from Intensive Commercial (CI -1) zone to
Riverfront Crossings - Central Crossings (RFC -CX) zone subject to a Conditional
Zoning Agreement addressing the need for the improvement of Ralston Creek and the
pedestrian street for the property located at 225 & 225'/: E. Prentiss Street
Martin seconded the motion.
Freerks noted this is much improved, she asked that the Commission be showed the final
approved plan.
Parsons added he liked the adjustments and thinks this will be a great addition to the area.
Signs agreed, it is a much more pleasant creek side area and he likes the addition of the decks.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ17-00015):
Discussion of an application submitted by Cardinal Pointe West, LLC for a rezoning of
approximately 7.84 acres from Interim Development Research Development Park (I DRP) zone
to Low Density Multifamily (RM -12) zone for the property located west of Camp Cardinal
Boulevard and east of Deer Creek Road.
Bochner stated this item was deferred from the March 1 meeting due to questions about the
language for the area that was used in the Clear Creek Master Plan.
Freerks interjected that she was asking about the Master Plan in general, not just the Clear
Creek Master Plan.
Bochner continued noting the Clear Creek Master Plan discusses this area specifically, but she
will also discuss the Comprehensive Plan goals of this area. Bochner stated the Clear Creek
Master Plan states "The southwest facing slopes adjacent to Highway 218 represent a good
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 4 of 21
Yapp next showed images of the townhouse styles they are proposing. They feel they will have
variation in the townhomes both vertically and horizontally with the roof lines, stoops, how far
back the front doors are, sizes of the townhouses, and changes in colors. He showed an
example of the courtyard in the middle of the property. There is also variety in the backs of the
units, some have decks over the garages with patio doors that go into the units, some will be
smaller and instead of a deck there is a three -season room next to the garage.
Dyer asked in the courtyard if there would be any amenities. Yapp replied they will include a
gazebo and seating and grilling areas and have submitted a concept plan with those amenities.
Hensch asked about the wetland buffer and if the wetland area buffer could be larger if those
adjoining lots were decreased a bit. Yapp replied it is a balancing act in trying to meet City
Code, goals of the Comprehensive Plan and also trying to meet approval of neighbors. In this
case a couple of the lots were smaller and several neighbors requested the lot size be
increased to be more consistent with others on the street.
Signs asked if Scott Park water retention area flooded over Scott Boulevard in the past. Miklo
stated he doesn't believe Scott Boulevard ever flooded over, it has been full with water but has
not gone over the street. Martin confirmed that she lived in the area in 2008 and it did not go
over the street.
Hensch asked if there has been water issues with the neighborhood to the south. Miklo is not
aware of any issues.
Freerks closed the public hearing
Signs moves to recommend approval of REZ18-0006/SUB18-0001, an application
submitted by Allen Homes, Inc. for a rezoning and Preliminary Plat and Sensitive
Areas Development Plan for Lindeman Subdivision Part Eight, a 39 -lot, 20.24 -acre
residential subdivision located in the OPD-5/OPD-8 zone located South of Lower West
Branch Road and North of Anna Street.
Martin seconded the motion.
Hensch noted that it probably doesn't make a difference on this application but shared an
overall concern of reducing wetlands buffers as it was also part of another recent application
and the idea of the buffer is to slow down water and keep areas intact. He shared concerns
about water quality, erosion and wet neighborhoods. Freerks agreed but was happy to see the
exchange of land to the City in this proposal and that will help to protect the wetlands. Dyer
added her concern about building on the narrowed buffer.
A vote was taken and the motion passed 5-0.
REZONING ITEM (REZ18-00003):
Discussion of an application submitted by Hodge Construction for a rezoning of approximately
1.1 acres from Intensive Commercial (CI -1) zone to Riverfront Crossings - Central Crossings
(RFC -CX) zone for property located at 225 & 225 '/2 E. Prentiss Street.
Miklo began the staff report noting the location of the property as south of Prentiss Street and
east of Ralston Creek, it is currently zoned Intensive Commercial which does not allow any
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 5 of 21
residential uses in that zone, so rezoning this property will increase the development potential
and value of this property considerably.
The area is within the Riverfront Crossings District and within the Central Crossings Subdistrict
and that would apply if this is rezoned. The area to the north is the South Downtown Subdistrict
of the Riverfront Crossings area which allows for larger buildings and higher density. The idea
is density and scale of buildings will step down as we move to the south including this property.
Miklo explained that the Form -Based Code has a series of standards to require that the
buildings have a smaller scale and with step backs on the upper floors of the buildings, again to
create more of a human scale as compared to the South Downtown District.
Miklo said this particular property as noted is adjacent to Ralston Creek, which is identified in
the Form -Based Code as a pedestrian street, or open space, both on the Plan and in the Code.
Miklo stated that when they first received the Plan there was no indication where the floodway is
and the floodway is the point at which the 30 foot setback is required and a pedestrian street will
be within that area. Miklo said that he did receive a call from the applicant this morning
indicating that the blue line on the proposal represents the floodway. The City does need
verification of that and needs a drawing with elevation points on it so the City Engineers can
verify the floodway.
Miklo pointed out that the concept plan that is submitted with this application is just a concept
plan and the Commission is not approving this particular plan and it is subject to change and if
that blue line is the floodway then the concept plan would need to change because there is a 30
foot setback required from that floodway for the pedestrian street and the creek buffer.
Staff is recommending approval of this realizing that there may be some changes in this Plan to
adhere to the Form -Based Code requirements and the requirement for the pedestrian street and
the setback. Staff is recommending approval be conditioned on improvement of the pedestrian
street to the center line of the right-of-way, which may entail some work on the creek bank itself,
the City Engineers would plan to meet with the applicant to determine the extent of those
improvements.
Freerks asked about the 30 feet noting that the property line doesn't encompass the creek or all
of the sidewalk, that 30 feet buffer isn't necessarily from the property line its 30 feet from the
floodway. Miklo confirmed that was correct. Freerks said that there are potentially lots of things
that may change with this application and the concept is not very clear. There are a lot of
unanswered questions at this point. They need to know where the flood plain lies so they can
know how the building will lay out.
Freerks is concerned because the concept drawing doesn't have a set back on the fourth floor,
and a step back is required by the code. Freerks reviewed the Riverfront Crossings Plan and
Code which require the step back. The Commission approved Whistler Place just in December
on South Dubuque street and that developer included the step backs on the fourth level in their
plan. Freerks stated that what she is seeing in the application doesn't really mesh with
concepts and some of the needs the City has put forward, so she is interested in hearing a little
more about it.
Hensch asked Miklo to clarify the definition of floodway versus terms they regularly hear like 100
year flood plain or 500 year flood plain. Miklo explained that floodway is a channel by FEMA
regulations cannot be built upon, a flood plain can be built upon if it meets certain conditions.
Planning and Zoning Commission
February 15, 2018—Formal Meeting
Page 6 of 21
The floodway will carry floodwater, a flood plain will store floodwater
Hensch asked in the Riverfront Crossings area what are the goals for Ralston Creek and
development along Ralston Creek. Miklo stated there is a section in the Staff Report to
describe the goals. The goal is to improve Ralston Creek, to turn it into an amenity rather than
current situation where a lot of buildings turn their back to the creek. The idea illustrated in the
Plan is to have a small park here and that is why the Code requires a pedestrian street in this
particular area.
Freerks noted that this would be a huge increase in what the owner is able to do with this
property so she expects compliance with the Riverfront Crossings Master Plan and Form Based
Code. The applicants concept for amenities along the creek seem just like a slab of cement.
Something better can be done along there. Freerks is making these points early because while
they are not improving the concept plan, just the rezoning, this item will never come before the
Commission again. Miklo stated that once the Commission would approve the zoning the
placement and design of the buildings would be reviewed by the Form -Based Code Committee
which is basically the Design Review Committee which is made up of staff. Freerks asserted
she is uncomfortable with that sometimes, noting they have asked a lot more from other
developers and it seems like they need to be consistent.
Signs stated he agrees with Freerks in that they spent a lot of time talking about this district, and
talking about the green spaces and look of the buildings and articulation and all those things.
He would agree all he sees with this concept is a large block sitting on a piece of land.
Freerks added they might not even get that because they don't know where the flood way is
located and therefore where the building be located. These are issues she would like to see
answered.
Signs agrees, the pedestrian street as shown in the renderings here doesn't look terribly
welcoming to him, there is a large concrete terrace deck shown on the east side facing the
creek, a couple trees popped in there, it just doesn't feel like what he believes the goal of area is
supposed to feel like.
Dyer stated the building drawings make it looks like a prison, at least the part facing Prentiss
Street. She added that it disturbs her that the Commission gets conceptual drawings which
don't necessarily have anything to do with reality and then the Commission never sees what is
approved, and the conceptual drawings don't meet their requirements. She noted if you
compare the site plan to the image from the Riverfront Crossings District it is like an entirely
different vision, and the Riverfront Crossings District Plan is what the Commission approved. In
that example there is a curving sidewalk, a central stopping place. It bothers her that we would
accept something far short of what the Master Plan shows.
Freerks asked if there were any more questions for Staff. She acknowledged the applicant and
told them they will get their chance to speak not to feel defeated, the Commission just wanted to
lay out their concerns and go forward from there.
Freerks opened the public discussion and asked the applicant to step forward, sign in and state
their name.
Kevin Digmann (Hodge Construction) asked Miklo to show some photos of existing conditions at
Planning and Zoning Commission
February 15, 2018— Formal Meeting
Page 7 of 21
this location. Miklo said he did not have those on the computer in this presentation. Freerks
said she looked online and has been by there many times so knows what it looks like now.
Digmann asked to walk the Commission through this project because they have built similar
buildings on the corner to the west. He pointed to the building at the bottom of Dubuque Street,
the bottom left one, it is an L shape, actually revers L shape, and that building exists today and
if anyone has driven by it they have received a lot of positive comments on it. The building in
the middle is the very building similar to this project, looks pretty similar, none of the buildings
are exactly alike but they use a lot of similar materials and characteristics.
Freerks asked if they have a setback on the fourth floor. Digmann said they do have a small
one and when they met with Staff they got a variance on how deep the setback had to be
because the problem is, you have to understand when you build a building it is efficient to do a
corridor down the center, you get units on both sides. So all of a sudden when you say you
have to set one side so far back, it totally blows the floor plans, it blows the costs go up so much
more because the structural systems become so different, it is easy to say this is what you
should do but in reality it is very difficult and very expensive to do.
Digmann noted that in the first two buildings they talk about some changes in materials, they
really stick out, if they look at the one picture you can see how on the top floor it really is a big
change in materials without a setback, there actually is a setback but it's only a few feet not the
ten feet the Code asks for, which is what they did in the second building. And then the third
building on Dubuque Street he pointed out they are working with The Housing Fellowship to do
an affordable housing piece there, they have applied for State tax credits, so all these buildings
will have similar characteristics to what this is. If they have driven by they will notice the look of
this building does look and feel a lot like what exists there today.
Digmann stated the challenge with this site is the creek they can't really do underground
parking, they are doing at -grade parking, so the first level for the most part along the creek and
alley really is a parking area, they have tried on Prentiss Street to make a big statement for what
the building looks like as you enter. As far as the buffer, although they haven't gotten the exact
engineering documents, this was designed by the engineer who laid this out for the floodway
with the 30 foot buffer, hence why the building is cocked at a little bit of an angle. They also
wanted to keep it as close to that side as they can, so obviously there is a little bit of a buffer
between the existing buildings that are going up on Dubuque Street. So they are trying to keep
it as close to the 30 foot buffer so that you don't have one side with all kinds of space and
another smack up against the alley looking at the other buildings. So they are thinking of the
residents. Digmann noted with the patio area, they did met with staff and talked about this with
the idea to try to create that pedestrian street and some activities and try to create it so it is a
common amenity for all of the people there as far as being able to have this outdoor patio area
with some steps that come down.
Digmann pointed out they never know what the future of the creek will be, there is a railroad
track, and he doesn't think there is any near-term plans to have any sort of underpass cut
through that railroad track. Digmann said as far as the pedestrian street, traffic in this project
will all be going to Prentiss Street, there is nothing going south on this project, and as he stands
here today he doesn't think there ever will be but that can change. Digmann stated that they
have to start somewhere, and it gets so expensive to draw concepts before even finding out if
they can go to the next level. He talked with Miklo today and understands the challenges, and
they talked about meeting down at the creek to figure out what they need to do along the creek
to enhance it and make it better.
Planning and Zoning Commission
February 15, 2018— Formal Meeting
Page 8 of 21
Digmann added as far as the building goes, it is there and he encourages all the Commission to
go drive by and see what exists today. He noted because they have to raise the parking, it is
really a three-story building and then the parking. Digmann also pointed out if they go around
the top corner of the parking garage that was just built in that area it is a four story building and
has no setback at all on the fourth floor. He's not saying "they didn't have to do it, we shouldn't
have to do it" they are trying to comply. He had Miklo show images of the concept and how they
are trying to make the big statement on Prentiss Street because they are looking at it with no
other context and other buildings around so you can see a lot more of the building than you will
on the ground, but going down Prentiss Street you are going down a pretty steep driveway,
there is actually a single-family home sitting on the right side of the alleyway which you don't
see, and the building will angle back to the south as you go back. Looking at the images, the
top floor does have some setback and a big change in materials and cornice around there to
give it more of that impression.
Freerks asked if Digmann's other buildings in Riverfront Crossings have a 10 foot setback.
Digmann confirmed they do not, they had a conversation about reducing the setback due to the
change in materials, and the perception that when you look at it, it is not that visible because of
what surrounds it.
Miklo clarified that the building on the corner does have a 10 foot setback. Digmann said it is a
10 foot setback on the north side of the building but not on the pedestrian street, Dubuque
Street. Digmann added that on the other building, the center one, that is where they went five
stories and put a setback on the fifth story which is not all the way to 10 feet. Digmann stressed
that everyone has to understand that it's not about just not trying to do it, he would do it in a
second, it's just how it changes the floor plans and how expensive it gets to build to do that.
Dyer stated there is no guarantee that they can build what they want. The Code requires a 10
foot set back, there is no guarantee you can build something that doesn't have a 10 foot
setback. She said other developers have figured out how to do it.
Freerks added if they want the height you have to go by Code and she is puzzled by how two
buildings have appeared now that don't meet Code and now being asked about a third one.
Digmann didn't want to argue but then how did the City get one built right across the street with
the parking ramp that has zero setback. Freerks asked if Miklo or Howard if they wanted to
address that. Howard replied that the Sabin Townhomes are the liner building for the municipal
parking garage there so those units are only 20 feet deep and if a 10 foot setback was done on
a liner building like that the units would only be 10 feet deep. Freerks remembers talking about
that. Howard noted there is a specific adjustment for liner buildings like that which allows that to
occur. Also for that building it was allowed because it was hiding a parking structure which is
not a particularly pleasant thing to see so the building was allowed to be as tall as the parking
structure so it would hide the structure from visibility from the street.
Digmann noted that is the same situation as they are getting into with their building. You have a
corridor down the middle and two equal size units on each side for all floors until you get to the
top floor and with a corridor down the middle on side also has to come in so far and basically
are taking what might be a 20 foot unit and sizing it back 10 feet. And working with staff they
understand there may be some situations where it may work, have change in materials, really
make it stand out, and have some leeway on some of that stuff.
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 9 of 21
Freerks asked which staff he worked with on this design. Digmann said he worked with John
Yapp and Doug Boothroy. Digmann also said they could have a long set of stairs coming out of
second floor units but then it feels like that whole area is just for residents to have stairs down
there, this way it becomes a common amenity for all the units. Freerks understands that but
feels it is more what can be done with it to make it more desirable for people to want to spend
time out there. She acknowledges that is more detailed oriented, for her the big thing is the
setback, it is Code, it is what they ask other developers to do, and it seems unfair to her that
some people are required to meet Code and other people are not for no good reason really.
Freerks stated they did change some language in December but they tried to be very specific
about that so if for some reason you absolutely couldn't meet the Code there was a good
reason not just that it made it easier. She doesn't think that is what anyone here had in mind.
Dyer added that the building could be designed quite differently and meet that requirement.
Digmann doesn't disagree. He isn't here to debate this, he is just trying to move it forward that is
a corner building where clearly from both angles you can kind of see the setback. He is saying
for a building like this, to say every building has to be this way, there should always be cases
where maybe it just doesn't make as much sense in one case as it does in another. Freerks
commented that it seems to her that there are three out of four here where the case is being
made that the setback is not needed on this block and she has concerns about it. The goal of
Riverfront Crossings is to have smaller scale buildings in this district.
Signs stated that was the concern, they keep seeing exceptions, exceptions, exceptions and a
lot of time and effort, City resources and community input went into developing this district and
the requirements in this district and they continually see request for exceptions and then pretty
soon you have a block where three out of four of the buildings don't meet the Code and it gets
very frustrating when they know what has gone into these Codes and it gets set aside.
Digmann wanted to make the statement that the Commission is not here to approve the no
setback, they are here to approve the zoning so they have to comply with the rules right. And
then that will be up to City staff.
Freerks interjected that then somebody in City staff has approved that twice to reduce the
setback and she has concern about that. Digmann stated that the voice of that decision needs
to go through City staff, he understands that the Commission does not like to see this but again
he is not asking them to approve no setback, he is just asking them to rezone this property to
what is in the Riverfront Crossings Code, in the map it says here is what we want to do, this is a
start of what we want to do, we understand we have to subject to conditional zoning agreement
which they will have to negotiate with the City. Freerks agreed but stated that they will get
through the Commission but then get what they want from the City because whoever they are
talking to is allowing this to happen. She doesn't know how this is happening but to her
something is going on where they are continuing not even meeting the basic standards.
Signs stated that while the Commission can't comment on the design, well we can comment on
it, but to Digmann's point not decide on design. However Signs is more than happy to defer this
application until the Commission gets more answer as to why the designs aren't being done
correctly after they leave this desk. There does come a point where they just have to say it
needs to stop and you may have just reached that point.
Dyer noted that other developers are having to meet these requirements. Digmann stated he is
not asking to do away with the setback. Freerks and Dyer interjected that yes he is. Digmann
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 10 of 21
pointed out this is a conceptual drawing, the application is for rezoning, and the Commission is
not to approve the design. Freerks pointed out the with the Whistler project they did get a
design and approved the rezoning with some great detail to the design, they actually talked
about how many square foot of open space would be on the roof so there were things that were
adhered to that.
Digmann asked why they can't go on record tonight to say it is approved subject to the setback
per the City Code.
Martin said to back up just a little bit, she totally gets that they are here to do a rezoning
however once Riverfront Crossings went through and they started getting applications
historically they have set a precedent that they wanted to see more complete drawings, more
substantial, not just concepts, that has been happening for the last couple of years. Freerks
said that they are giving so much more by allowing this kind of upgrade to the zoning and so
they have required that people show them more, it's not a typical South Johnson Street. Martin
added that setback aside, they want to see more.
Digmann understands and stated that when they send their plans in for design review, it's not a
whole lot different than the concepts, it's not angled images, it's straight -on images, so what he
is hearing is if he came back next month or whenever and that top floor was setback 10 feet
we'd be fine. Freerks replied maybe or maybe not. She added that they've talked about
amenities along the walkway so it is inviting. What they want to see is something that is of a
higher caliber, it needs to be better than what you'd see normally, it is what they are expecting
in the Riverfront Crossings. If you look through the Riverfront Crossings you can see all kinds of
visuals that show the variations people use so there is something that is very different. Freerks
added that the waterway is important, the flood area that is a key point to how the building is
going to lay out on the lot and that will in turn play out in what kind of building you can build, how
wide it can be. Digmann said that is what they have done, that is why the blue line is there.
Freerks said they don't know for sure and that is why it needs to be checked by the engineers.
Dyer said there is no engineering drawings, there is nothing to do with elevation of the land.
Freerks stated they are not trying to pick on Digmann they just want some of the basics, he is
not meeting what other developers are giving the Commission.
Digmann stressed that his point is the Commission is saying there is a Riverfront Crossings
Code out there that is to be followed. Freerks confirmed. Digmann said the Commission is also
not happy that City staff is giving leeway on any of this. Freerks stated that is not what she said.
Digmann stated that isn't it the City staffs job to enforce what is in the Code with the design.
Freerks stated she will not debate that right now, it is a conversation they may have later in the
meeting regarding what is occurring, it is an ongoing problem with minimums not being met,
what she is asking of Digmann is interest in the flood area, more specifics on how the building is
going to be laid out, and the fact that there is not the basic requirement for setback on the fourth
floor.
Hektoen added that the Commission does have the authority to impose conditions to satisfy
public needs created by the rezoning, there is a lot of language in the Comprehensive Plan
upon which you can formulate. Freerks added they can require many things if they want to.
Hensch stated he actually thinks they are pretty close, the building at the corner of Prentiss
Street and Dubuque Street is pretty great. Just stick with what the Riverfront Crossings is asking
and the one paragraph in the staff report about Ralston Creek development, if the intent or spirit
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 11 of 21
of that is followed for that area in front of the creek he thinks they are really close. The point is
perhaps that they are trying to draw the line about fewer exceptions.
Digmann doesn't have a problem with that he feels that if it's in the book, and this is what the
zone is, then it is, and then it's up to staff or whoever and he doesn't have to spend a lot of
money, more money than he's already spent, to try to come in here to see if the Commission
will approve something. Dyer explained that he knows what the rules are. Hensch concurred,
the Code is there and this representation presented tonight doesn't reflect the Code. Dyer
added that other developers invest a good deal more in their presentations to Planning and
Zoning. Digmann apologized and noted he did meet with staff on this, although they were prior
staff, and this was the feedback they got to move forward.
Freerks feels if they put a little more energy into making something a little more exceptional,
especially the way that public area is just not a slab of cement because having this be very
pedestrian friendly, especially utilizing the creek area, and then just going by the Code in terms
of Riverfront Crossings and having that setback is very important.
Digmann asked what her definition of pedestrian friends is. What kind of amenities do you look
for that make if more pedestrian? Freerks said there is no rail even there. Digmann said it
would have a railing around it. Martin said the Comprehensive Plan will contain an image of
what was in mind for the area so something along that vision. Dyer suggested townhouses
along there, saying it would be more appealing.
Freerks asked what the limitation period was on this. Miklo said they have until March 12, so it
can be deferred until the next meeting. Freerks stated they can get to a point here, she
acknowledged that Digmann has done lots of great things around town so don't feel defeated,
but what was presented tonight doesn't even meet the minimum.
Hensch stated that he applauds the desire for trying to do improvements along Ralston Creek,
he likes that people are taking it seriously as an ecological feature rather than a drainage ditch,
and unfortunately since you are one of the first developments to incorporate along Ralston
Creek you are going to be held as the example of how to do it right. Freerks said they should
be excited to see what they can do there.
Digmann said they will work on the setback and see what they can do on the pedestrian space.
Dyer also requested more information on the topography of the land and how the building will
set into it and the flood plain. Freerks stressed for Digmann to talk to Miklo as he is a great
resource, and the Commission likes his ideas generally.
Freerks closed the public hearing
Hensch moved to recommend approval of deferring REZ18-00003 until the next meeting.
Martin seconded the motion.
Martin commented about three thoughts she has on this. She understands builders wanting
"here's the Code, here's the stamp, here's what you build" but this is the opportunity, especially
in Riverfront Crossings to make sure that they are holding people to a standard to beautify our
city and we don't want everything to look the same. She understands from a developer's point
of view the cost concern, but that is not the Commission's concern, their concern is the integrity
of preservation of this community.
Planning and Zoning Commission
February 15, 2018 — Formal Meeting
Page 12 of 21
Signs goes back to the fact that the Code is there, and it is very specific in the Riverfront
Crossings District and this isn't it.
Freerks added if there is anything in the language that they changed recently that is making this
happen... will discuss at the end of the meeting because she has specific questions on things
she would like to have answered. Howard said the language updated at the last meeting was
with regard to upper level step backs allowed by a minor adjustment to any district of Riverfront
Crossings and did give quite a bit more leeway to what could be adjusted by staff. Miklo added
that there is some criteria that is has to meet and if the step back is not there, there has to be
other design features to visually break up the mass of the building. Freerks wondered if maybe
that is the problem, that people think they can just doll up the top level with another color or
cornice and actually that is not at all what they had in mind and if they are in anyway confusing
people they maybe need to revisit that because that was not the intention when they made that
change.
A vote was taken and the motion passed 5-0.
CODE AMENDMENT ITEMS:
Discussion of amendments to Title 14, Zoning, to address changes to state law regarding
occupancy of residential dwellings.
Howard shared the PowerPoint regarding the changes, it is quite lengthy because there are a
lot of little changes happening to the zoning ordinance. In January 2018 the state legislature
changed State Code to prohibit any municipality to enforce any regulation that limits occupancy
of rental property based on the existence of familial relationships. Howard noted that it a
common way to address occupancy across the United States so it has been a little bit of a
struggle for a lot of communities across the state of Iowa, particularly the cities that have large
colleges or universities.
Freerks asked if other states are also making this change. Howard said she is not aware of any
other state having this kind of restriction imposed by the state legislature.
Howard stated the City Council considered a number of changes in December that addressed
the Housing Code and specifically made some changes there. The goals for the recent
changes to the Housing Code and Zoning Code are to establish a balance between the short-
term rental opportunities for students and long-term housing options for more permanent
residents in the city and try to come up with alternative means that they used to be able to rely
on a specific formula of how many people could live within a single-family house or duplex unit.
Howard recapped the Housing Code changes because they do not come before the Planning &
Zoning Commission but she wanted to make them aware of them. These changes include a
cap on the number of single family and duplex rentals allowed in neighborhoods close to the UI
campus. The City set up a rental permit district and there are certain number of those districts
that exceeded the rental permit allowance of the 30% cap on the number of rental units in each
districts. So for many of the areas that are close to campus far exceed that 30% cap so no more
new rental permits shall be issued in those districts, with some exceptions. That was the big
change in the Housing Code. Additionally the City established a limit on the amount space
within a dwelling that can be used as bedrooms, and a requirement for a minimum amount of
Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ17-00005)
ORDINANCE NO.
AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 0.62 ACRES OF LAND FROM
COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS — WEST RIVERFRONT
(RFC -WR) ZONE FOR PROPERTY LOCATED AT S. 513 RIVERSIDE DRIVE (REZ17-00005)
WHEREAS, the applicant, 513 Riverside LLC, has requested a rezoning of property locally known as S.
513 Riverside Drive from Community Commercial (CC -2) zone to Riverfront Crossings — West Riverfront
(RFC -WR) zone; and
and WHEREAS, the subject properties are located in the West Riverfront subdistrict of Riverfront Crossings;
WHEREAS, the Downtown and Riverfront Crossings Master Plan, an integral part of the Comprehensive
Plan, sets forth goals and objectives for the West Riverfront subdistrict, including the goals of improving
conditions for pedestrians and bicyclists, tempering auto orientation, and enhancing the streetscape and
overall aesthetics of the corridor in order to safely support redevelopment of properties for higher density
residential living and pedestrian -oriented commercial uses; and
WHEREAS, the zoning standards that apply in the West Riverfront zoning district encourage
development that is of a scale and design to achieve the desired development character described in the
Riverfront Crossings Master Plan and will improve the quality of the neighborhood by reserving frontage
areas along streets for pedestrians and restricting parking and vehicular access to areas behind buildings,
and require provision of affordable housing; and
WHEREAS, Riverside Drive has a substandard right-of-way width that does not provide adequate space
for a sidewalk and parkway buffer with street trees to meet requirements in the Riverfront Crossings form -
based zoning code; and
WHEREAS, the requested rezoning will allow a significant increase in the residential population in the
area, which will increase the need for affordable housing, and increase pedestrian and bicycle traffic along
Riverside Drive and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive
and close driveways that do not meet the City's access management standards will be necessary as well as
the provision of affordable housing options; and
WHEREAS, Iowa City Code 14-2G-8 requires that, upon rezoning to RFC -WR, the owner must enter
into an agreement with the City establishing how the owner will provide affordable housing when the
property is redeveloped; 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 the dedication of land along the Riverside Drive frontage to widen the pedestrian area within the
right-of-way to a minimum of 20 feet in width, closure of driveways according to the City's access
management standards, and provision of affordable housing; 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 designation of Community
Commercial (CC -2) Zone to Riverfront Crossings -West Riverfront (RFC -WR) Zone:
IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT THE SOUTHWEST
CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH 157', THEN WEST 178'; THEN
NORTH 160', THEN EAST 159' TO THE POINT OF BEGINNING.
Ordinance No.
Page 2
SECTION II. ZONING MAP The building official is hereby authorized and directed to change the zoning
map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and
publication of the ordinance as approved by law.
SECTION III. CONDITIONAL ZONING AGREEMENT The mayor is hereby authorized and directed to
sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the
City, following passage and approval of this Ordinance.
SECTION IV. CERTIFICATION AND RECORDING Upon passage and approval of the Ordinance, the
City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the
Office of the 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 .2018
ATTEST:
CITY CLERK
Appr ed by f�
City Attorneys Office
Prepared by., Karen Howard, 410 E. Washington, Iowa City, IA 52240 (319) 3565251 (REZ1600005)
CONDITIONAL ZONING AGREEMENT
THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City"), and 513 Riverside, LLC (referred to hereinafter as "Owners").
WHEREAS, Owners are the collective legal title holders of approximately 0.62 acres of
property locally known as 513 S. Riverside Drive in Iowa City; and
WHEREAS, the Owners have requested the rezoning of the subject properties from
Community Commercial (CC -2) Zone to Riverfront Crossings — West Riverfront (RFC -WR); 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, Riverside Drive is currently an auto -oriented arterial street with high traffic
volumes and higher speeds and little to no space within the public right-of-way for pedestrians and
bicycles and with an excessive number of driveway access points that further increase potential
traffic conflicts between all modes of travel; and
WHEREAS, the Increased density of residential living and urban commercial intensity
allowed with the RFC -WR zoning will result in the need for an improved "public realm" along
Riverside Drive, including improved streets with safer and more attractive areas for people to walk
and bike; and
WHEREAS, the requested rezoning will allow a significant increase in the residential
population in the area, which will increase the pedestrian and bicycle traffic along Riverside Drive
and, therefore, additional public right-of-way to widen pedestrian areas along Riverside Drive will
be needed; and
WHEREAS, certain conditions and restrictions are reasonable to ensure the
development of the property is consistent with the Comprehensive Plan, including the need for
a safe, attractive, and comfortable environment for residential living and improved streets that
will encourage walking and biking and improve traffic safety; and
WHEREAS, the Planning and Zoning Commission has determined that, with appropriate
conditions to ensure improved pedestrian and bicycle safety and comfort and to provide for
safe traffic circulation upon redevelopment, the requested zoning is consistent with the
Comprehensive Plan; and,
WHEREAS, the high percentage of housing cost -burdened households is the most
common housing problem within the City of Iowa City, and one of the primary areas where people
face housing affordability challenges is near the University campus and the City's urban core; and,
WHEREAS, the Riverfront Crossings District is well -situated to support a mix of housing
due to its close proximity to downtown Iowa City and the University of Iowa campus, Its existing
and planned mix of uses, convenient access to public transit and municipal parking facilities; and
WHEREAS, the Riverfront Crossings Form Based Code is intended to encourage a
walkable, pedestrian -friendly area where residents can work, live and play, and will Increase the
need for housing that is affordable to the workforce; and
WHEREAS, the rezoning to RFC -WR will allow residential development at a density not
previously permitted; and,
WHEREAS, the Riverfront Crossings Form Based Code requires that upon a rezoning to
a riverfront crossings zoning designation, the property owner must enter into an agreement with
the city to establish which method or methods the Developer will use to provide the required
affordable housing.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties
1 of 4
agree as follows:
Owners are the collective the legal title holders of the property legally described as
follows:
IOWA CITY RYERSON'S AND SHARP'S SUBDIVISION LOT 1, COMMENCING AT
THE SOUTHWEST CORNER OF MYRTLE AVENUE AND RIVERSIDE DRIVE; SOUTH
157', THEN WEST 178'; THEN NORTH 160', THEN EAST 159' TO THE POINT OF
BEGINNING.
2. The Owners acknowledge that the City wishes to ensure conformance to the principles
of the Comprehensive Pian, including the West Riverfront Subdistrict of the Downtown
and Riverfront Crossings Master Plan, and the Owners intend to comply therewith.
Further, the parties acknowledge that Iowa Code §414.5 (2017) 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, Owners agree that
development of the subject property will conform to all requirements of the zoning
chapter, as well as the following conditions:
a. Prior to issuance of any permit for any improvements to the subject property or
coincident with the City's street Improvement project, whichever occurs first, land
shall be dedicated to the City along Riverside Drive to Improve conditions along
the street necessary for the increase in pedestrians and bicyclists anticipated
with the rezoning according to the goals and objectives of the Riverfront
Crossings Master Plan. The ROW dedication shall result in a minimum 20 foot
wide pedestrian area between the new front property line and the street curb
along the Riverside Drive frontage, including at the comer of Riverside Drive and
Myrtle Avenue;
b. Prior to Issuance of any permit for any Improvements to the subject property or
coincident with the City's street improvement project, whichever occurs first, the
two driveways closest to the intersection of Riverside Drive and Myrtle Avenue
shall be closed and the area subsequently restored and improved for pedestrian
use. In addition, prior to issuance of any permit for any improvements to the
subject property or coincident with the City's street improvement project,
whichever occurs first, the southernmost driveway on the Riverside Drive
frontage shall be evaluated according to the City's access management
standards as set forth in Article 14-5C of the City Code of Iowa City, with the City
reserving the right to close or move driveway access points, or reduce to a single
directional drive (such as right -out, only), in compliance with said standards;
c. Owner shall satisfy the affordable housing obligations imposed pursuant to Iowa
City Code of Ordinances 14-2G-8 through the provision of on-site owner -
occupied dwelling units, on-site rental dwelling units, and/or the payment of a fee
In lieu of the remaining dwelling units not provided on-site or as otherwise agreed
to between Owner and the City in an affordable housing agreement entered into
prior to issuance of a building permit for development of any portion of the above-
described property.
2of4
4. 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. In the event the subject property is transferred, sold, redeveloped, or subdivided, all
development will conform with the terms of this Conditional Zoning Agreement.
6. 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.
7. This agreement shall inure to the benefit of and bind all successors, representatives, and
assigns of the parties.
B. 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.
9. 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 Owners' expense.
Dated this day of 201$.
CITY OF IOWA CITY OWN
James Throgmorton, Mayor By: Riverside, LI-nC
ell a. lel L ,-.Vc1
Attest:
pp ov
J 6- IT -1 7
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
3of4
This instrument was acknowledged before me on , 2017 by James
Throgmorton and Julie Voparil as Mayor and Deputy City Clerk, respectively, of the City of Iowa
City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
513 RIVERSIDE, LLC ACKNOWLEDGMENT:
STATE OF IOWA
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on 1444"Ch A� , 201/ by
i
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/17/2018
Voteforpassage: AYES: Salih, Taylor, Thomas, Throgmorton,
Botchway, Cole, Mims. NAYS: None. ABSENT: None.
Second Consideration 05/01/2018
Voteforpassage: AYES: Mims, Salih, Taylor, Thomas, Throgmorton,
Botchway, Cole. NAYS: None. ABSENT: None.
Date published
STAFF REPORT
L05-01-18
BC
To: Planning and Zoning Commission
Prepared by: Karen Howard
Item: REZ17-00005
Date: May 18, 2017
GENERAL INFORMATION:
Applicant:
513 Riverside, LLC
528 S. Clinton Street
Iowa City, IA 52240
Contact:
Charles Graves
13 Woodcrest Lane NE
Iowa City, IA 52240
319-337-4700
Chariie@cghanson.com
Requested Action:
Rezone 513 South Riverside Drive from Community
Commercial (CC -2) zone to Riverfront Crossings -
West Riverfront (RFC -WR)
Purpose:
Redevelop the property according to the Riverfront
Crossings — West Riverfront standards
Location:
513 S. Riverside Drive
Size:
Approximately 0.6 acres (27,040 square feet)
Existing Land Use and Zoning:
vacant -former convenience store/gas station (CC -2)
Surrounding Land Use and Zoning:
North: undeveloped - University of Iowa (P-2)
South: fast food/take-out restaurants (CC -2)
East: used auto dealership (CC -2) and Iowa River
West: multi -family residential (RM -44)
File Date:
March 30, 2017
45 Day Limitation Period:
May 14, 2017 (waived by applicant)
BACKGROUND INFORMATION
The applicant, 513 Riverside LLC, has requested a rezoning from Community Commercial (CC -2)
Zone to Riverfront Crossings West Riverfront (RFC -WR) Zone for 0.6 acres at 513 S. Riverside
Drive. This property is currently vacant, but was previously a Kum & Go convenience store and
gas station. Kum & Go vacated and sold the property when they moved the operation to their new
location at the comer of Benton and Riverside Drive. The property is located in the Riverfront
Crossings West Riverfront subdistrict and is directly adjacent to the west campus area of the
University of Iowa and across the street from properties that abut the Iowa River and the Iowa
River Corridor Trail.
In 2016 the City of Iowa City conducted a planning effort to improve conditions along Riverside
Drive for pedestrians and to improve the aesthetics of the corridor to encourage reinvestment and
redevelopment. This planning effort resulted in the South Riverside Drive Streetscape Master
Plan. The first phase of implementation of that plan will Include a pedestrian tunnel through the
railroad embankment, full signalization and pedestrian crossing at the Myrtle intersection, and
improved sidewalks, parkway buffer and street trees from the Myrtle Avenue to Benton Street
along the west side of Riverside Drive. Similar to properties that have been rezoned and
developed according to the Riverfront Crossings form -based code along Riverside Drive south of
the Iowa Interstate Railroad embankment, additional right-of-way along the frontage of the subject
property will be needed to achieve this safer and more comfortable pedestrian environment to
support the increase in residential population made possible with the subject rezoning.
The applicant did not hold a Good Neighbor Meeting.
ANALYSIS:
Current and proposed zoning: The current CC -2 zoning is intended for major retail commercial
areas that serve a significant segment of the community population. The maximum building height
in the CC -2 Zone is 35 feet. The zone is primarily a commercial zone, but allows upper floor
residential uses by special exception. Minimal parking and building setbacks apply, but parking
may be placed between buildings and the street, which has resulted in the auto -dominated
commercial strip development along Riverside Drive.
The Riverfront Crossings form -based zoning for the West Riverfront subdistrict allows for a broad
mix of commercial and residential uses. Unlike the CC -2 Zone, the Riverfront Crossings code
allows for a variety of building types, residential, commercial and mixed-use. New buildings must
be located close to the street and oriented to Riverside Drive with street -facing entries opening
onto an improved streetscape designed to provide a safe, comfortable and attractive environment
for pedestrians buffered from vehicular traffic on Riverside Drive. Parking must be located behind
or to the side of buildings and screened and buffered from the sidewalk and the street. Residential
density is limited by building height and the amount of parking that can be provided on the site.
The maximum building height in this area of the West Riverfront subdistrict is four stories. An
additional story may be granted through the bonus provisions. An open space requirement of 10
square feet per bedroom is required for properties containing residential uses. Building design
standards apply and will be administered through the staff design review process. If the project
includes residential uses, the affordable housing requirement that applies in Riverfront
Crossings will apply. At this time the owner of the property has not decided whether the
property will be developed with a commercial building or a mixed-use building. Both types of
buildings would be allowed and appropriate in this location according to the Riverfront Crossings
Master Plan.
Comprehensive Plan: The Downtown and Riverfront Crossings Master Plan was adopted in
January 2013 as an integral part of the City's Comprehensive Plan. The subject property is
located in the West Riverfront Subdistrict of Riverfront Crossings. One of the primary goals for
this subdistrict is to encourage redevelopment that will help create a more pedestrian -friendly
character along Riverside Drive by enhancing the streetscape and overall aesthetics, tempering
auto -dominated frontages by locating buildings closer to the street with parking behind or to the
side of buildings, and creating a place where people can live close to the Iowa River and to
shopping, restaurants, and other services. The new form -based zoning code for Riverfront
Crossings is intended to help implement that vision and contains standards for building and
parking placement, streetscape improvements, building form and design, and landscaping and
Page 2 of 6
open space requirements. Due to the absence of building and parking placement standards and
few requirements related to building form and design, the current CC -2 zoning will allow the
property will develop in a manner inconsistent with the Riverfront Crossings Master Plan.
One of the most important goals for the West Riverfront subdistrict is to improve the
environment along Riverside Drive to make it safer and more comfortable for pedestrians and
bicyclists. Since the requested rezoning will allow a significant increase in the residential
population in the area, staff recommends as a condition of rezoning, that the applicant dedicate
land along the Riverside Drive frontage of the property to widen the public right-of-way and
close driveways that are inconsistent with the new zoning and the City's access management
standards. Details of these necessary improvements are described in more detail in the traffic
and pedestrian circulation section, below. Closure of noncompliant driveways and the increased
right-of-way will be used to create a wider landscaped buffer between the traffic lanes on
Riverside Drive and the public sidewalk and a safer condition along the sidewalk and at the
intersection for pedestrians, bicyclists and motorists. This will improve public safety and provide
for a higher quality living environment for residents of the new building and encourage those
residents to walk or bike to area businesses and to other destinations in the community. In
addition, those improvements will provide safer bicycle, pedestrian, and vehicular access to any
new businesses developed on the site and a more attractive frontage condition that will be of
economic benefit to the property owner and the businesses. The City is also moving forward with
plans to create a pedestrian tunnel through the railroad embankment. The proposed tunnel will
allow safe pedestrian movement north along Riverside Drive to the subject property and to the
University campus and Downtown. The applicant has indicated willingness to dedicate the
necessary land for widening the right-of-way along Riverside Drive and to reduce the number of
driveways on the property.
For all the reasons stated above, staff finds that the requested zoning (RFC -WR) is consistent
with the City's Comprehensive Plan and will help to facilitate redevelopment that will comply with
the Riverfront Crossings Master Plan, provided that land along Riverside Drive is dedicated to the
City to allow for improvements to the street corridor necessary to accommodate the increase in
residential density and pedestrian -oriented commercial development allowed by the rezoning.
Compatibility with neighborhood: The proposed rezoning to RFC -WR will allow development
that is compatible with the future goals of the Comprehensive Plan to transform this auto -
dominated area into a more pedestrian -friendly environment with a better mix of residential uses
and neighborhood -serving businesses provided the public space along the street is also
improved to support a more walkable urban neighborhood. The form -based zoning standards
will help ensure that new buildings are compatible with the vision of the Riverfront Crossings
plan and with surrounding residential neighborhoods. Therefore, staff finds that the proposed
rezoning is compatible with the surrounding neighborhood, provided the necessary
improvements are made to the street corridor along Riverside Drive and Myrtle Avenue.
Traffic and pedestrian circulation: The proposed rezoning will allow a considerable increase
in residential density and new pedestrian -oriented commercial and mixed-use buildings. The
subject property fronts on Riverside Drive and Myrtle Avenue. One of the objectives of the
Riverfront Crossings Plan is to create high quality mixed-use neighborhoods with tree -lined
streets and safer conditions that encourage walking and biking. Riverside Drive is a high-
volume, 4 -lane arterial street that is also a State highway. The public right-of-way in this location
is only 63 feet wide. With the wide traffic lanes, higher traffic speeds, excessive number of
driveways and no on -street parking to buffer the pedestrian area, there is not enough space
between the street curb and the front property line of abutting properties to achieve a safe and
Page 3 of 6
comfortable environment for pedestrians. In much of the corridor the limited space does not
leave enough room for any landscape buffer between the sidewalk and the travel lanes along
the street and in some cases not even enough space for a sidewalk. Lack of street trees and an
excessive number of driveways further degrade the pedestrian environment along the corridor.
As mentioned, the City is planning improvements to the corridor to construct a pedestrian tunnel
through the railroad embankment located to the south of the property, extend a new sidewalk
north to the intersection of Myrtle Avenue, and signalize the Myrtle/Riverside Drive Intersection
to improve pedestrian, bicycle, and traffic circulation in the area (See preliminary design, below).
As properties are rezoned along Riverside Drive, staff recommends requiring a dedication of
land to improve conditions for pedestrians and to ensure that the treat pe and frontage area
Improvements required in the Riverfront Crossings form -based code can be achieved. The
cross-section in the South Riverside Drive Streetscape Master Plan (see below) calls for a
minimum of 20 feet between the street curb and the front property line. This pedestrian area
would include a 6 -foot sidewalk, 8 -foot wide area for street trees, and 6 -toot wide area between
the street curb and the trees for snow storage and utilities.
Page 4 of 6
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The applicant has agreed to enter into a conditional zoning agreement to dedicate land along
the frontage of the subject property to create a right-of-way that achieves the minimum
requirements specified in the streetscape master plan and the improvements necessary for
signalization of the intersection and also to reduce the number and location of driveways to be
consistent with the City's access management standards.
These modifications to the street corridor will improve conditions for future residents and
businesses that live or do business on the subject property. To improve traffic safety, staff
recommends requiring closure of several of the existing driveways in concert with the City's
streetscape project or prior to issuance of a building permit, whichever occurs first. At a
minimum the two driveways closest to the intersection of Myrtle and Riverside should be closed
to bring the site into compliance with the City's access management standards. With regard to
the southernmost driveway on Riverside Drive, depending on the type of building and the uses
proposed, some limited access, such as a right -out may be acceptable to support a ground level
commercial use on this corner. If, however, a 100% residential building is proposed, then
access should be restricted to the westernmost Myrtle Avenue driveway and all access points to
Riverside Drive should be closed. Regardless of the type of project proposed, negotiation of a
shared cross access easement between adjacent properties along this frontage may also
provide good options for safe traffic circulation for all modes of transportation. Further traffic
analysis will need to be conducted at the time a project is proposed to determine whether a
driveway is appropriate on Riverside Drive and, if allowed, its design and location should be in
accordance with the City's access management standards.
STAFF RECOMMENDATION:
Staff recommends approval of REZ17-00005 a proposal to rezone approximately 0.6 acres of
property at 513 S. Riverside Drive from Community Commercial (CC -2) Zone to Riverfront
Crossings -West Riverfront (RFC -WR) Zone, subject to a conditional zoning agreement requiring
dedication of land along the Riverside Drive frontage to widen the pedestrian area within the
public right-of-way to a minimum of 20 feet measured between the inside of the street curb and
the new front property line, and closure of driveways consistent with the City's access
management standards. These conditions should be satisfied coincident with the City's street
improvement project or prior to issuance of a permit for any improvements to the subject property,
whichever occurs first.
ATTACHMENTS:
1. Location Map �% /�
Approved by: / ✓ " ' y yy �—
John Yapp, Development ervices Coordinator
Department of Neighborhood and Development Services
Page 6 of 6
I
A rezoning application submitted by 513 Riverside, LLC
to rezone property at 513 S. Riverside Drive from
Community Commercial (CC -2) to to
Riverfront Crossings -West Rivefront Subdistrict (RFC -WR)
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Planning and Zoning Commission
May 18, 2017—Formal Meeting
Page 2 of 6
Theobald asked if a translator will be present at the meeting when this item is discussed.
Hektoen stated she believes the applicant is bringing a translator.
Hensch moved to set a public hearing for June 1, 2017 on an application for a
Comprehensive Plan amendment item CPA17-00005.
Parsons seconded the motion.
A vote was taken and the motion carried 6-0.
REZONING ITEM 1REZ17-000051:
Discussion of an application submitted by 513 Riverside, LLC for a rezoning of approximately
.62 -acres from Community Commercial (CC -2) zone to Riverfront Crossings -West Riverfront
(RFC -WR) zone for property located at 513 S. Riverside Drive.
Howard presented the Staff report and stated this property is located at the comer of Riverside
Drive and Myrtle Avenue, which is at the very north edge of the Riverfront Crossings West
Riverfront Zone. The property to the north is owned by The University of Iowa and they have
not indicated their future use of the property. To the west are some high density multi -family
properties and the other properties surrounding the area are zoned Community Commercial
(CC -2). Howard explained that one of the goals of the Riverfront Crossings Plan for this area is
to Improve conditions along Riverside Drive for pedestrians and to improve the aesthetics of the
corridor, so when an upzoning to Riverfront Crossings zoning is requested, the City has been
requesting additional property to widen the pedestrian area along street frontages. This
particular property has a poor frontage condition. There is no sidewalk, and very little room
between the travel lanes and the private property to even provide a safe sidewalk to support the
new residential and commercial uses allowed by the proposed rezoning. The current zoning of
Community Commercial (CC -2) is not compatible with the Riverfront Crossings Master Plan as it
allows low -scale commercial development, limited housing above the commercial, and a very
auto -oriented area. Therefore, with additional land to enhance the public area along the street
to make it safe for future residents and customers, the change to Riverfront Crossings Zoning is
the appropriate zoning for the area.
With regards to the compatibility with the neighborhood, rezoning this property will bring the
property closer to compliance with the future vision for the area. Howard stated the largest
issue for this property is to make sure any new development has the kind of pedestrian facilities
necessary to support It. Howard showed images from the Riverfront Crossings Streetscape
Master Plan that was adopted last year. Riverside Drive is a State highway, there is no on -
street parking, and it has higher speeds than a typical residential or commercial street In the
downtown area. It is currently a four -lane arterial street with only about 60 feet of street right-of-
way. The City is planning improvements to the corridor to construct a pedestrian tunnel through
the railroad embankment located to the south of the property, extend a new sidewalk north to
the Intersection of Myrtle Avenue, and signalize the Myrtle/Rlverside Drive Intersection to
improve pedestrian, bicycle, and traffic circulation in the area. Howard stated that as properties
are rezoned along Riverside Drive, staff recommends requiring a dedication of land to improve
conditions for pedestrians and to ensure that the streetscape and frontage area improvements
required In the Riverfront Crossings form -based code can be achieved. The cross-section in the
South Riverside Drive Streetscape Master Plan calls for a minimum of 20 feet between the
street curb and the front property line. This pedestrian area would include a 6 -foot sidewalk, 8-
Planning and Zoning Commission
May 18, 2017—Formal Meeting
Page 3 of 6
foot wide area for street trees, and 6 -foot wide area between the street curb and the trees for
snow storage and utilities.
The applicant has agreed to enter into a conditional zoning agreement to dedicate land along
the frontage of the subject property to create a right-of-way that achieves the minimum
requirements (the 20 feet) specified in the streetscape master plan and the improvements
necessary for signalization of the intersection and also to reduce the number and location of
driveways to be consistent with the City's access management standards. The applicant has
agreed to close the driveways closest to the intersection that don't meet current access
management standards. This should improve safety for pedestrian, bicyclists, and for drivers.
Howard explained that it may also be necessary to close the other driveway on Riverside Drive,
but depending on what the applicant chooses to do with the property (whether it is just
commercial or mixed-use), that a right -out only driveway might work. Howard explained that the
developer doesn't have a concept plan for the property at this time because the applicant is
unsure whether the project will be solely a commercial building or a mixed use building. Since
the form -based zoning standards in the Riverfront Crossings code will ensure that the building is
built in a manner consistent with the goals for the Riverfront Crossings Master Plan and there is
an imminent City project planned to improve conditions along Riverside Drive, In addition, the
developer is supportive and will participate in helping to achieve a safer and more pleasant
environment along the street to support future redevelopment. Therefore, staff is supportive of
the rezoning.
Staff recommends approval of REZ17-00005 a proposal to rezone approximately 0.6 acres of
property at 513 S. Riverside Drive from Community Commercial (CC -2) Zone to Riverfront
Crossings -West Riverfront (RFC -WR) Zone, subject to a conditional zoning agreement requiring
dedication of land along the Riverside Drive frontage to widen the pedestrian area within the
public right-of-way to a minimum of 20 feet measured between the street curb and the new front
property line, and closure of driveways consistent with the City's access management
standards. These conditions should be satisfied coincident with the City's street improvement
project or prior to issuance of a permit for any improvements to the subject property, whichever
occurs first.
Hensch asked if there was an anticipated date or year when the street improvement project will
be complete. Howard stated it is under design currently and is budgeted for 2018. The City is
currently negotiating with the railroad for the pedestrian underpass.
Freerks asked if negotiations are complete with the other property owners to the south closer to
the railroad tracks so that the sidewalk improvements can be completed. Howard is unsure if
what conversations have taken place so far. However both property owners were contacted by
the City during the design of the Streetscape Master Plan.
Hensch asked if this was as far north as the Riverfront Crossings Plan goes. Howard answered
yes as everything to the north is University property.
Signs stated he did have a conversation with the applicant several months ago when they first
bought the property as he was expressing an interest in possibly doing some affordable housing
there and Signs directed him to the appropriate staff to have those conversations.
Freerks opened the public hearing.
Planning and Zoning Commission
May 18, 2017—Formal Meeting
Page 4 of 6
Charlie Graves (13 Woodcrest Lane NE) stated he just closed on the property about three
weeks ago. Kum & Go, the previous owner, was required to make sure It was a clean site as
part of the purchase agreement and the DNR just gave clearance. Graves has been in
conversations with the City and is aware of their planned improvements to the area and until he
knows exactly where his boundaries area and the setbacks required he cannot design a project.
They are imagining a commercial use or multi -use building for the property.
Martin asked if they are also purchasing 517 Riverside Drive or what the overall plan for the
area might be. Graves said there have been preliminary conversations with that property owner
but the owner doesn't wish to sell and the tenant of that property just signed a multi-year long-
term lease extension.
Martin asked then if the entrance/exit to his property then would be on Myrtle Avenue and
Graves confirmed that but said that they are exploring a right out only onto Riverside Drive as
well.
Parsons asked if the right -out only drive would directly abut the neighboring property or would a
buffer be maintained between the properties. Graves noted there are some Department of
Transportation requirements that a driveway be so many feet from a signal, so if there is a drive
they would try to have it as far from the intersection as possible, They would do their best to
maintain the buffer between properties.
Hektoen noted that Riverside Drive is a State Highway so any access points will have to be
approved by the Department of Transportation. Howard stated that additionally the City also
has access management requirements and this will all have to be reviewed once a development
plan is proposed.
Graves added the timing on this project is such that it takes them about six months to a year to
plan a project and get it designed. Therefore, it is imperative that they can get started so they
can work in parallel with the City doing the street improvements.
Freerks asked what the distance for building required would be from the RM -44 that is to the
west. Howard said the setback would he 10 feet from the adjacent property. Freerks asked if
there was any stepping required due to height. Howard stated that the stepping in the West
Riverfront Crossings is required only where a property abuts a single family zone,
Freerks noted her concern about not having a concept plan prior to approving this zoning
change, but acknowledged that approval of the rezoning at this time would be beneficial to
working together to achieve the necessary pedestrian improvements. Graves noted that to
draw up a concept plan and present something to investors they have to be sure the footprint
they are working with is correct, and In this case could not do so without knowing the zoning is
approved and what the setbacks required will be. Freerks understands that for this case, but
cautions that is not something the Commission will necessarily relax on In the future.
Freerks closed the public hearing.
Hensch moved to approve REZ17-00005 subject to the conditional zoning agreement as
outlined in the Staff Report.
Martin seconded the motion.
Planning and Zoning Commission
May 18, 2017—Formal Meeting
Page 5 of 6
Hensch noted he feels it is a great step up to go to a Form -Based Code in this area as the
current layout is extremely dangerous for pedestrians and vehicles. The applicant dedicating
the land for the improvements is much appreciated and needed.
Signs added that the lot has a steep hill behind it and the neighboring properties are much
higher so if a future building is taller on this site, it will not look out of place or be a hindrance.
Several others on the commission noted their agreement that the sloping site will help to
mitigate concern about a taller building on the site.
A vote was taken and the motion carried 6-0.
CONSIDERATION OF MEETING MINUTES: MAY 4. 2017
Hensch moved to approve the meeting minutes of May 4, 2017.
Theobald seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
None.
ADJOURNMENT:
Martin moved to adjourn.
Parsons seconded.
A vote was taken and motion carried 6-0.
(,d
Prepared by: Sylvia Bochner, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ18-00011)
Ordinance No.
Ordinance rezoning property located at 715 Park Road from Low
Density Single Family Residential (RS -5) to RS -5 with a Historic
Preservation Overlay (RS -5 / OHP) zone. (REZ18-00011)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 715 West Park Road from Low Density Single Family Residential (RS -5) to
Low Density Single Family Residential with a Historic Preservation Overlay (RS -5 / OHP); and
Whereas, this structure was built in 1917 in the American Tudor Revival style with elements of
the English Arts -and -Crafts style and is associated with Dr. Albert Henry Byfield, the founding
Department Chair of the Pediatrics Department in the University of Iowa College of Medicine; and
Whereas, this building was listed on the National Register of Historic Places in March 2017;
and
Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls
for identification of resources significant to Iowa City's past with the objective of designating
individual buildings as landmarks; 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
association with a significant Iowa City resident and its distinctive architecture; and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Comprehensive Plan goal of
preserving historic neighborhoods;
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 Low Density Single Family Residential (RS -5) zone to Low Density
Single Family Residential with a Historic Preservation Overlay (RS -5 / OHP) zone:
Commencing at the Northeast corner of Block 3, in Manville Addition to Iowa City, Iowa, according
to the recorded Plat thereof, thence West along the North line of said Block 3 to the West line of
Woolf Avenue (now vacated) 325.5 feet, thence South 190 feet along the West line of Woolf
Avenue (now vacated), thence East 90 feet, thence South 79 degrees 11 minutes East 92.2 feet,
thence East 150 feet to the East line of said Block 3 to a point which is 214 feet South of the
Northeast corner of said Block 3, thence North along the East line of said Block 3 to a point of
beginning, together with an easement for right of way purposes upon, over, along, and across the
concrete drive located as shown on Plat of survey dated and recorded September 19, 1957, in
Plat Book 4, page 382 in the records of the Recorder's office of Johnson County, Iowa, and
subject to easement of record for right of way upon, over, along and across said concrete drive
located as shown on said Plat of survey; provided however, that the following described property
is excepted from this conveyance: Commencing at the NW corner of Block 3, in Manville Addition
to Iowa City, Iowa, according to the recorded Plat thereof; thence West along the North line of
said Block 3 extended 25 feet to the West line of Woolf Avenue (now vacated); thence South
approximately 190 feet along the West line of Woolf Avenue (now vacated) to an existing iron pin
which lies 189. 08 feet S 0 degrees 00'00" of the aforedescribed point; thence East approximately
90.0 feet to an existing iron pin which lies 89.96 feet N 89 degrees 59'30" E of the aforedescribed
point; thence on an approximate bearing S 79 degrees 11 'E, approximately 92.2 feet to an
existing iron pin which lies 92.08 feet S 79 degrees 1020" E of the aforedescribed point; thence
Ordinance No.
Page 2
Northwesterly along a curve concave Northeasterly identified by the West edge of an existing
concrete drive to an iron pin which lies 73.05 feet N 56 degrees 09'55" W of the aforedescribed
point; thence N 21 degrees 21 '05" W, 75.79 feet to an iron pipe; thence N 0 degrees 00'00",
97.44 feet to an iron pipe; thence S 88 degrees 38'10" W, along the North line of said Block 3,
67.20 feet to the point of beginning.
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 day of 20—.
Mayor
Approved by:
City Clerk dityttorney'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:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/17/2018
Vote for passage: AYES: Taylor, Thomas, Throgmorton, Botchway,
Cole, Mims, Salih. NAYS: None. ABSENT: None.
that the
Second Consideration 05/01/2018
Vote for passage: AYES: Salih, Taylor, Thomas, Throgmorton, Botchway,
Cole, Mims. NAYS: None. ABSENT: None.
Date published
CITY OF IOWA CITY 011-01-11
MEMORANDUM
Date: March 15, 2018
To: Planning and Zoning Commission
From: Jessica Bristow, Historic Preservation Planner and Sylvia Bochner, Planning Intern
Re: Designation of 715 W. Park Road as a Historic Landmark (REZ18-00011)
Background: After discussion with the owner, Donald Black, the Historic Preservation
Commission has requested that the property at 715 West Park Road, the Dr. Alfred Byfield
House, be designated as an Iowa City Historic Landmark. This property is listed on the National
Register of Historic Places as of March 2017. The enclosed Site Inventory form and Information
Sheet provide a discussion of the building's history and architecture.
Historic Preservation Commission Review: The Historic Preservation Commission met
December 14, 2017 and conducted a public hearing at which they reviewed and evaluated the
historic significance of 715 W. Park Road. The Commission determined that the property meets
the requirements for a landmark and voted unanimously to recommend approval of the
designation as an Iowa City Historic Landmark. 715 West Park Road was built in 1917 in the
American Tudor Revival style with elements of the English Arts -and -Crafts Style. Its original
owner, Dr. Albert Henry Byfield was the founding Department Chair of the Pediatrics
Department in the University of Iowa College of Medicine. The home was designed by a
professor with the State University of Iowa Department of Engineering, Stuart Hobbs Sims. The
home is significant as a well-preserved example of the blending of Tudor Revival and English
Arts -and -Crafts architecture, as well as part of the first wave of building in the Manville Heights
neighborhood.
Landmark designation for 715 W. Park Road, a property in a Low Density Single Family
Residential (RS -5) zone, will require Historic Preservation Commission approval of any
significant changes to the exterior of the building. Landmark status will also make the property
eligible for 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. Landmark designation will also make it possible for financial incentives such
as tax credits and the Iowa City Historic Preservation Fund to be available.
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
Council. The Commission's role is to review the proposed designation based on its relation to
the Comprehensive Plan and proposed public improvements and plans for renewal of the area
involved.
This property is located within the Northwest Planning District, for which no specific district plan
has been completed. However, IC2030: The Comprehensive Plan Update includes goals that
broadly support the preservation of Iowa City's historic resources. One of the Comprehensive
Plan's housing goals is to "preserve the integrity of existing neighborhoods and the historic
nature of older neighborhoods." The Comprehensive Plan also supports the implementation of
Iowa City's Historic Preservation Plan.
The Historic Preservation element of the Comprehensive Plan contains 2 specific goals relating
to this proposal. Goal 1: Identify historic resources significant to Iowa City's Past. Under this
goal the Commission is charged with continuing to research and evaluate properties and to
pursue local landmark designation when appropriate. This proposal of landmark overlay zoning
March 8, 2018
Page 2
for the property at 715 Park Road achieves this goal by seeking local landmark designation for a
property that is listed on the National Register of Historic Places.
Goal 10: Adopt strategies to preserve historic neighborhoods which reflect their organic
development, historical roles and traditions, modern needs, and economic health and stability.
The subject property is located within the Manville Heights neighborhood, which is discussed
under this goal. The Historic Preservation Plan discusses the history of this neighborhood as an
early streetcar and automobile suburb whose residents included University professors,
University of Iowa Hospital physicians and employees, and local merchants and professionals.
As part of the first wave of building in this neighborhood, historic landmark designation of this
property would support the goal of preserving historic neighborhoods.
In Staff's opinion, preservation of 715 Park Road would be a step toward the preservation of the
Historic Manville Heights Neighborhood.
Staff Recommendation: Staff recommends approval of REZ18-00011, an application to
designate 715 West Park Road as an Iowa City Historic Landmark and rezone from Low
Density Single Family Residential (RS -5) to RS -5 with a Historic Preservation Overlay (RS-
5/OHP).
Attachments
1. Location Map
2. Information Sheet
3. Iowa Site Inventory Form
Approved by: 1y7�tt ��--
Tracy Hightshp , Direclbr
Department of Neighborhood and Development Services
715 W Park Road
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Prepared By: Svlvii Rnrhner
Date Prepared: Deremhrr 2017
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Road from Low Density Single Family `
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Dr. Albert Henry Byfield House
715 West Park Road
Listed on the National Register of Historic Places in March 2017, the Dr. Albert Henry
Byfield House was built in 1917 in a style that is an American Tudor Revival with elements
of English Arts -and -Crafts. Dr. Byfield was the founding chair of the Pediatrics Department
in the University of Iowa College of Medicine. This house was part of the first wave of
building in the Manville Heights neighborhood developed by Bert Manville.
In a practice that was not rare in Iowa City, an engineering professor with the State
University of Iowa Department of Engineering, Stuart Hobbs Sims, was employed as the
designer. With this property it appears possible to trace Sims's inspiration to a similar
house in Biddenham, England, which appeared in a plan book in 1912 that Sims is
believed to have consulted.
The house is locally significant as a well-preserved, large-scale example of the
blending of Tudor Revival and English Arts -and -Crafts architectural styles and for its
association with prominent local citizens.
Dr. Albert Henry Byfield House, 715 West Park Road; Front porch close-up looking southwest
Dr. Albert Henry Byfield House, 715 West Park Road; South facade, looking northwest
Dr. Albert Henry Byfield House, 715 West Park Road; Rear half of south facade, garage, looking north
3
tz
I
3
)nventory Form
State Historical Society of Iowa
(January 28, 1997)
1. Name of Property
historic name Beifield-Albrieht House
other names/site number
2. Location
street & number 715 Park Road
State Inventory No. 52-04880 ® New ❑ Supplemental
❑ Part of a district with known boundaries (enter inventory no.)
Relationship: ❑ Contributing ❑ Noncontributing
❑ Contributes to a potential district with yet unknown boundaries
National Register Status: (any that apply) ❑ Listed ❑ De -listed ❑ NHL
Review & Compliance No.
❑ Non -Extant (enter year)
❑ DOE
city or town tows Ci ❑ vicinity, county Johnson
Legal Description: ( Rural) owshlp: Na
nme o. Range No. Section Quarter of Quarter
(If Urban) Subdivision Manville Addition Block(s) 3 Lot(s) _ see full leeal description
one box)
structure
object
1
not
buildings
sites
structures
objects
Total
resources)
Name of related project report or multiple property study (Enter it the property is not part o1 a multiple property examination).
Title Histonca4Archdetlurar Data Bass Number
or
raregones nom insuucuons)
OIA03 DOMESTIQLmride d%tlline/residence w/ attached esoe
0IC05 IIOMESTIGsccondary smxaaeJeame
(Enter
1 1 C05DOul. r � m m'tm is •.
wrcrutectural llassmcaUOn (Enter categories from Instructions) Materials (Enter oategorles from Instructions)
06D LATE 19• & 20" C. REVIVALS(rudor Revivd foundation 10 CONCRETE
Walls 06 STUCCO: 03 BRICK
roof 16 CIAY TILE
other
arrativeescnptlon jM SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED)
IICavie National KBglster V Arena (Mark Y in one or more boxes for criteria that may qualify the property for National Register listing)
es
No
❑ More Research Recommended
A
erty
Propis associated with significant events.
Yes
No ❑
More Research Recommended
B
Property is associated with the lives of significant persons.
Yes
NoB
More Research Recommended
C
Property has distinctive architectural characteristics.
Yes
No
More Research Recommended
D
Property yields significant information in archaeology or history.
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 Removed from its original location. ❑ G Less than 50 years of age or achieved significance within the past 50
❑ C A birthplace or grave. years,
❑ D A cemetery
Areas of Significance (Enter categories from instructions) Significant Dates
02 ARCHITECTURE Construction date
sa._ 1917
OUrer rletes
Significant Person
(Complete if National Register Criterion B is marked above)
sheet for citations of the books, articles,
10. Geograp c Data
LrrM ReM1mnces (OPTIONAL)
1
Zone EeSturg Nprthirrg
Architect/Builder
uilder
Sims. Stuart Hobbs
raaror
sources used in
Zorre Easfmg fyodhing
4
❑ See continuation sheet for additional UTM references w comments
11. Fonn Prepared By
name/btle_ Marlys A. Svendsen
organization Svendsen Tyler. Inc. for the Iowa City Historic Preservation Commission date 11/2009
street & number N3934 Deep Lake Road telephone _715/469-3300
city or town Sarona state WI zip code 54870
ADDITIO MALD ENTATI (Submit tM following flims with the completed form)
FOR ALL PROPER I PES
1. Map show ng the property s location n a towrt/riti or township
2. Site plan showing position of buildings and structures m the rwmbtated area in relatiwr to adjacent ppublic road(s).
3. tPhe rographs : representative black and white photos. It the photos are taken as part of a survey for which the Society is to be curator of
negatives or color s0des, a ptloto%atalog sheet needs to be inducted with the ra3gatives/slidea and the following needs to be provided
below on this particular inventory site:
RolUsllde street # 52-04880-01 rhru 52-04880.17 Date Teken 10&12/08 and 5/09
RolUslide sheet $ Frame/sld # Dale Taken
RolUsllde sheet # Freese/slot # Date Taken
eSee continuation sheet or etfached photo 8 sl de cate/og street for fist of ptwto roll or slide entries.
FOR CERTAINIuKINDS OF PROPRTIE3, INCLUDE THE FOLLWING AS WELL
I. Farmstead d District (List of structures and buildings, known or estimated year built, and contributing or non-contributing status)
2. Bam:
a. A sketch of the framettruss configuration in the form of drawing a typical middle bent of the bam.
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 bam's exterior dimensions in feet
State Historic Preservation Office (SHPO) Use Only Below This Line
Concur with evaluation of National Register eligibility. Yes No More Research Recommended
El This Is a locally designated property or part of a locally designated district.
Comments.
Evaluated by (namektie): Date:
Iowa Department of Cultural Affairs
State Historical Society of Iowa
Iowa Site Inventory Form
Continuation Sheet
Site Number 52-04880
Beifield-Albright House Johnson
Name of Property County in Iowa
7. Narrative Description
This 2 -story single-family house was estimated to have been built in 1915 according to City Assessor records. Property transfer records
show the property was transferred to A.H. Beifield (Byfield) in June 1916. On December 16, 1916, the architect for the house, Stuart Hobbs
Sims, was identified in a newspaper account. Contractor was listed as Joseph David Long who was associated with his father M.L. Long in
the contracting and carpentry business. J.D. Long's name has been identified on millwork in the house with the date noted as "1917." City
directory listings do not show that a building was occupied in 1920 but listings along Park Road may not been included at that time. The first
listing was in 1924 when the house was listed as occupied by A.H. Byfield (Beifield). According to research by the present owners, the
house's designer was a Ul engineering professor, Stuart Simms, who left Iowa City in ca. 1919. Other information corroborating a date for
the house includes a newspaper account dated December 30, 1922, that notes that improvements had been made to the existing Beifield
residence during 1922 by contractor C.M. Sulser suggesting that it was already completed sometime before then. An interpretation of these
facts suggests that a construction date of ca. 1917 for the house is appropriate.
This 2 -story house is an example of a blend of the Tudor Revival Style and Craftsman Style residential designs. According to the current
owners, the design for the house completed by Stuart Hobbs Sims is based one in Biddertham, England designed in the 1890s by Charles
Mallows, an English designer and landscape architect who designed in the late 19th and early 20h century Arts and Crafts design tradition
espoused by Sir Edwin Landseer Lutyens (1869-1944) and the M.H. Baillie -Scott (1865-1945). The house was featured in a design book that
presumably Sims used as a basis for the design.
The Beifield-Albright House has a concrete foundation faced in red brick with brick laid in running bond on the lower level and stucco
cladding on the upper level. A course of header brick forms a narrow belt course between levels and cast stone is used for window sills and
for lintels on lower level windows. Wood half-timbering is used in the stucco foundation, balustrades, and gable end of the 2 -level porch on
the east facade. The house has an asymmetrical design with an intersecting gabled roof on the main block clad in clay tile. The front fagade
faces north with the west half of the fagade featuring a broad, moderate pitched front -gable that extends over the I -story wing at the west end.
On the south facade, the front -gable section does not have an extended slope. The roof has narrow eaves along the slopes and no eaves along
the gabled ends. The 2 -story porch has a gable end facing Lexington Avenue. The lower level has four narrow brick piers evenly spaced
across the front, a closed balustrade clad in stucco with brick edges between the piers, screen infill panels, and a screen door facing south.
Entrance openings are at each end of a cross -through hallway with the primary entrance facing north beneath a low copper -roofed eye -brow
door hood supported by tall, paired brackets on each side. Two small 9 -light sash are to the right of the door hood and one 9 -light window to
the left. Fenestration includes a variety of sizes of fixed and casement style multi -light sash. The window group to the left of the front
entrance has four 18 -light vertical sash with a similar group flanked by single 18 -light sash to the right of the entrance. A pair of multi -light
windows is further to the right beneath the extended gable roof slope. On the upper level, three 15 -light sash are grouped at the east end and
four similar sash are grouped at the west end. A group of three short 9 -light sash, a single 9 -light sash and a tall 15 -light sash in the center
section of the upper level. Windows on the south facade include similarly configured sash with groups of three and four 18 -light and 15 -light
taking advantage of the south orientation. The west end has a I -story wing connecting the main house to the attached garage. The L-shaped
wing has a very low-pitched hipped or nearly flat roof along the south side with the balance of the wing (north half) tucked beneath the
extended gable slope of the main block. The walls of the I -story wing have wood paneled balustrades with full -height 6/6 double -hung
windows filling the upper sections of the walls. At the west end of the wing, a side -gabled twin -bay garage is attached. It has exposed rafter
tails, beveled siding and replacement overhead doors with wood and glass panels.
Alterations: 1998 garage addition.
8. Statement of Significance
This is a well-preserved example of a blending of Tudor Revival Style and Craftsman Style elements in the tradition of late 19" and early 20'h
century English Arts and Crafts residences. It was built during the fust wave of home building in the Manville Heights Neighborhood that
preceded World War 1 and the construction of the University of Iowa Children's Hospital and General Hospital on the west side of the Iowa
River between 1919 and 1928. Because the building retains its original design and forst, it qualifies for the National Register individually
under Criteria C.
This house was likely constructed in 1916-1917 based on information contained in property transfer records, newspaper accounts, city
directories, and information provided by the present owner. Newspaper accounts identify construction of a modem home of 12 rooms to be
"thoroughly modem" for Dr. A.H. Beifield in 1916. It would be one of the larger residences built during 1916. The 12 -room house was to be
built for S12,000 and was described in newspaper reports as "English style of architecture." The first floor brick finish was described as
"matted brick," the roof as "German tile," and the interior as "old Colonial style." Interior finishes included white enamel woodwork,
quarter -oak floors, and four fire places. (Iowa City Daily Press, 12/13/1916, p. 2)
The address for this house was first listed in city directories in 1924 with A.H. Byfield (Beifield) as the owner. Beifield was a physician and
professor of pediatrics at the UI Medical School at the time and had likely been residing here since shortly after the new State University of
Iowa Department of Cultural Affairs
State Historical Society of Iowa
Iowa Site Inventory Form
Continuation Sheet
Site Number 52-04880
Belfield -Albright House Johnson
Name at Properly
County in Iowa
Iowa Children's Hospital was completed in 1919. According to research completed by current owner, Donald W. Black, the house was
designed by Stuart Hobbs Sims who was employed by the Ul engineering department at the time. Sims' design was based on an Arts and
Crafts design of English designer and landscape architect, Charles Edward Mallows (1864-1915).
A biographical note from James S. Carl's A Dictionary oj.4rchitecture and Landscape Architecture (2000) describes Mallows as an "English
Arts -and -Crofts architect practicing from 1892 in Bedford. A gifted draughtsman, he produced many architectural perspectives, and in 1898
be took George H. Grocock (fl. 1892-1904) into partnership. His finest work was for houses and gardens, including Three Gables, King's
Comer, and White Cottage, all at Biddenham, Bedford (1899-1900), and Tirley Garth, Tarporley, Ches. (1907)." (available online at:
http://www.encyclopedia. com/doc/101-MallowsCharlesEdward.himl; accessed 12292009).
Little else is known about Sims' career. He was bom in Montana and left the UI engineering department in 1921 for a position at Oregon
State University. The practice of using UI engineering faculty to design buildings, bridges, dams, water systems, etc. appears to have been a
common one. For example, two engineers who laid out the Chautauqua Heights Addition adjacent to the Manville Addition were UI
engineering faculty.
By1926, the address was listed in city directories with George and Anna (Close) Albright as occupants. George Albright was a physician in
private practice, who specialized in the treatment of the eye, ear and nose problems. Two Albright children resided at home for a time as
adults. Edwin Albright was a student at UI in the early 1930s and Harriet Albright was a student during World War 11. She continued to
reside there after the war and when her father died in the late 1950s, she stayed on with her widowed mother. By 1964, city directories show
the house occupied by Robert and Jane Anderson. Robert was the manager of the Congress Inn and Pancake House located along U.S.
Highway 6. By 1971, Robert was affiliated with Anderson Distributing headquartered in Marshalltown. In 1974 the house passed to James
C. Noel Brown and his wife Monica. James was a physician in private practice in Iowa City.
9. Maior Bibliographic References
Property Transfer Records, Johnson County Auditor's Office.
Tax Assessor's Records, City of Iowa City Assessor.
Sanborn maps, 1933, and 1933, updated to 1970.
Iowa City city directories, various, ca. 1915 through 1970.
Carl, James S. A Dictionary ojArchfreclure and Landscape Architecture (2000); available online at: http://www.encyclopedia.
com/doc]101-MallowsCharlesEdward.html; accessed 12/292009.
Interviews, various by email with Donald Black, owner, 715 Park Road, September and December, 2009.
Planning and Zoning Commission
March 15, 2018
Page 7 of 24
a Commission and community the goal is to provide positive living environments and he feels
the conservation of the slopes and wooded area will help outweigh some of the other negatives
of the area.
Theobald noted she lives about a mile away from the subject property and can hear the highway
traffic all night at her house. She is very concerned about noise buffering and fumes from the
highway are putting future residents in an unhealthy environment.
Freerks agreed, the 2030 Plan was adopted for a reason and it states that concerns are noise
and fume buffers so she cannot just ignore that.
A vote was taken and the motion to defer was carried 5-0.
REZONING ITEM (REZ18-00002):
Discussion of an application submitted by Ross Nusserfor a rezoning of approximately 1.89
acres from Planned Development Overiay/High Density Single Family Residential (OPD/RM-
12) zone to Low Density Multifamily Residential (RM -12) zone for the property located at 1705
Prairie Du Chien Road.
Miklo stated the applicant has asked for a deferral until April
Freerks opened the public hearing.
Seeing no one, Freerks closed the public hearing.
Signs moved to defer item REZ18-00002 an application submitted by Ross Nusser for a
rezoning of approximately 1.89 acres from Planned Development Overlay/High Density
Single Family Residential (OPD/RM-12) zone to Low Density Multifamily Residential (RM -
12) zone for the property located at 1705 Prairie Du Chien Road.
Parsons seconded.
A vote was taken and the motion carried 5-0.
—�� REZONING ITEM (REZ18-00011):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 715 West Park Road as an Iowa City Historic Landmark.
Miklo began by stating the next seven items are nominations Historic Preservation Overlay
zoning to designate properties as historic landmarks. Before the Commission discusses each
specific property Miklo made a few comments that pertain to them as a group for the
Commission to keep in mind. He will then speak to each property individually as they move
through the agenda.
As noted the City's Comprehensive Plan is a guide to development of the City. The
Commission works with it on a regular basis to help shape the form of new development as the
community grows. Additionally the plan also supports conservation of natural areas and
Planning and Zoning Commission
March 15, 2018
Page 8 of 24
neighborhoods. The Comprehensive Plan also includes a Historic Preservation component that
calls for the identification of historic buildings and neighborhoods that are important to the City's
past. The Historic Preservation Commission does this work by studying buildings and gathering
information about their history. Once historic buildings are identified the Plan calls for protecting
them through the zoning code (land mark designation) and offering incentives to help preserve
them for the long-term.
The first step in the formal process is Public hearing before the Historic Preservation
Commission. If the Historic Preservation Commission determines that a property meets the
criteria for historic designation it forwards a proposal to the Planning and Zoning Commission
for consideration of a Historic District or Historic Landmark Overlay Zone. The Planning and
Zoning Commission is charged with reviewing proposed landmarks based on the relationship to
the goals of the City's Comprehensive Plan. The Planning and Zoning Commission is not being
asked whether a building qualifies as being historic or not - that is the task of the Historic
Preservation Commission. The Planning and Zoning Commission is being asked if the
preservation of a proposed landmark complies with the broad as well as specific goals of the
Comprehensive Plan. The Planning and Zoning Commission recommendation will be forwarded
to the City Council which will have final say regarding designation.
Once a property is designated changes to the exterior of the property that require a building
permit must be reviewed by the Historic Preservation Commission or their staff for compliance
with the Historic Preservation Guidelines before the permit can be issued. Changes to the
interior of a historic building are not reviewed. Routine maintenance such as painting does not
require a permit and therefore does not require review. Many permits are reviewed
administratively by the Historic Preservation Commission's staff. Significant changes such as
additions or removal of historic parts of a building require full Historic Preservation Commission
review.
The Historic Preservation Designation does not regulate the use of the property. The underlying
zoning still controls the use. Commercially zoned properties may continue being used for
commercial activity. Multi -family zoned property may continue to be used for apartments. The
designation does not require the property owner to take any action on the property other than
maintaining it in good condition — which is a requirement any property in town.
Designation as a historic landmark does provides some financial benefits. The Board of
Adjustment may reduce some zoning standards, such as parking requirements to encourage
the continued use of historic properties. There are also financial incentive such as grants and
no -interest loans, and tax credits that may be used for repair designated properties.
Miklo then began discussion on 715 W. Park Road which is located in Manville Heights
Neighborhood in the Northwest Planning District, however it is one of two districts that does not
have a specific plan and therefore the general Comprehensive Plan applies. It is zoned Low
Density Single Family and is used for single family use. It was built for Dr. Bayfield in 1917 —
Ginalie Swaim, Chair of the Historic Preservation Commission will provide you with more details
about its history and architecture. The Comprehensive Plan indicates that it the surrounding
neighborhood should continue as single family residential. The preservation plan element of the
Comprehensive Plan called for a study of the historic properties in the Manville Heights
Neighborhood. That study was completed several years ago and this is one of the properties
identified as being eligible for the National Register of Historic Places. It has since been listed
on the National Register.
Planning and Zoning Commission
March 15, 2018
Page 9 of 24
Staff finds that the landmark designation of the property complies with the goals of the
Comprehensive Plan for the continued residential use of the property and for preservation of
historic elements of Manville Heights and therefore recommends approval.
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) stated the home was built in
1917 as part of the first wave of home built in Manville Heights which is one of the most
cherished neighborhoods in Iowa City today developed by Bart Manville. The house is
historically significant for its association with prominent citizens. It was built for Albert Henry
Bayfield who was the founding chair of Pediatrics Department at The University of Iowa College
of Medicine and it was design by a University of Iowa Engineering professor Stuart Hobbs Sims
Swaim stated this is a theme seen in Manville Heights, association of the houses with The
University of Iowa faculty or staff. There is a rich history there and this house is an example of
that. Swain continued by noting this house is also significant for its architecture, it is a large
scale, well -cared for and well -loved example that blends Tudor Revival and English Arts -and -
Crafts, not a style seen in Iowa City very often. With this property it appears possible to trace
Sims's inspiration to a similar house in Biddenham, England, which appeared in a plan book in
1912 that Sims is believed to have consulted.
Freerks closed the public hearing.
Parsons moved to recommend approval of REZ18-00011, an application to designate 715
West Park Road as an Iowa City Historic Landmark and rezone from Low Density Single
Family Residential (RS -5) to RS -5 with a Historic Preservation Overlay (RS- 5/OHP).
Signs seconded the motion.
Freerks noted there are two specific Comprehensive Plan goals related to this proposal (Goal 1
and Goal 10) and she believes this clearly meets those goals.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ18-00010):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 1029 North Dodge Street as an Iowa City Historic
Landmark.
This property, built in 1893 is located in the Shimek Neighborhood of the North Planning District.
This neighborhood was once known as "Tank Town" since there was a water tower there. It is
zoned Medium Density Single Family. The North District Plan identifies this general area as
appropriate for continued single family use. The plan also calls for identification and protection
of historic properties and neighborhoods.
Staff finds that designation of 1029 N. Dodge Street as a landmark will helpful these goals and
recommends approval.
Freerks opened the public hearing
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 16 of 19
Bristow said that the owner could not attend tonight's meeting. She said he contacted her, and
she believes he will come to other meetings and voice his opinion. Bristow said the owner did
tell her that the local landmark designation goes right along with how he feels about the
property.
Bristow said the ownership began with a family named Shay, who started to build the house but
could not finish. She stated that the Parrott family owned another house, and they traded with
Mr. Shay and took over this property and finished building the house. Bristow said she does not
know if that is why it has a transitional style, but that ownership transfer did occur.
Bristow said that the house was in the Parrott family for a very long time. She said that
research shows that it was perhaps a rental for a while, with a series of tenants. Bristow said
the current owner told her that his aunt and uncle bought the house after World War Il, and he
later bought it from them. She said that except for a short period of time, since the house was
built, it has really been owned by two families. Bristow said that one of the Parrott family
members was the Superintendent of Oakland Cemetery.
Swaim opened the public hearing.
Swaim closed the public hearing.
MOTION: Agran moved to approve the designation of 1029 North Dodge Street as an
Iowa City Historic Landmark based on the following criteria for local designation: criteria
a, b, and e. Baker seconded the motion. The motion carried on a vote of 7-0 (Clore,
DeGraw, Kuenzli, and Wanner absent).
715 West Park Road.
Swaim said that the Commission looked at this house for the National Register and is fairly
familiar with its history.
Bristow said the Commission reviewed this house in September of 2016, and it became listed
on the National Register in March of 2017. She said that the owner would like to have it locally
landmarked. Bristow said the property meets criteria A, B, D, and E, for reasons of architecture
and significant owners in the past.
Swaim opened the public hearing.
Swaim closed the public hearing.
MOTION: Agran moved to approve the designation of 715 West Park Road as an Iowa
City Historic Landmark based on the following criteria for local designation: criteria a, b,
d, and e. Builta seconded the motion. The motion carried on a vote of 7-0 (Clore,
DeGraw, Kuenzli, and Wanner absent).
Swaim stated that these items will be moving on to the Planning and Zoning Commission, most
likely in January. She thanked members of the public for their attendance and comments.
REPORTS ON CERTIFICATES ISSUED BY CHAIR AND STAFF:
Certificate of No Material Effect - Chair and Staff Review.
823 Bowery Street.
From:
Kerber, Linda K <linda-kerber@uiowa.edu>
Sent:
Friday, March 16, 2018 12:48 AM
To:
Bob Miklo; Black, Donald W
Subject:
715 Park Road
Dear Bob Miklo,
I am sorry to have missed the deadline [but just barely!]
I want to register my strong support for the Historical Preservation Overlay for the remarkable house that Don
Black and John Chadima so carefully restored. It is a gem, and we are lucky to be living near it.
Linda K. Kerber
425 Lexington Ave
Iowa City 52246
home: 319-351-8446
From: Dan Cummins <cummins4dp@gmail.com>
Sent: Thursday, March 15, 2016 10:50 AM
To: PlanningZoning Public
Subject: Designation of Historic Homes as Iowa City Landmarks
Dear Members of Planning and Zoning Commission,
I want to express my support for designating the properties noted below as Iowa City Historic
Landmarks. Each of these properties captures a piece of the unique history of Iowa City, both architecturally,
and through the stories that they tell. Visitors to Iowa City often comment that these type of properties are
what make our town unique and comparable to other bigger cities in the US and in Europe that value historic
structures. People that have relocated to our community often note that, unlike others towns, our leaders
have had the courage to preserve the past.
Please vote to designate these properties as Iowa City Landmarks.
• 1029 N. Dodge St
• 504 E. Bloomington St
• 213 E. Market St
• 319 E. Bloomington St.
• 412 N. Dubuque St
• 410-412 N. Clinton St
• 715 West Park Road
Thank you,
Dan Cummins
12 Bella Vista Place
bb
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240
(REZ18-00010)
Ordinance No.
Ordinance rezoning property located at 1029 North Dodge Street
from Medium Density Single Family Residential (RS -8) to RS -8 with a
Historic Preservation Overlay (RS -8 / OHP). (REZ18-00010)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 1029 North Dodge Street from Medium Density Single Family Residential (RS -
8) to Medium Density Single Family Residential with a Historic Preservation Overlay (RS -8 /
OHP); and
Whereas, this structure was originally constructed in 1893 and is a Queen Anne -style house
with evidence of a transitional Colonial Revival Style;
Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls
for identification of resources significant to Iowa City's past with the objective of designating
individual buildings as landmarks; 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
significant to Iowa City architecture and its distinctive Queen Anne and Colonial Revival
characteristics; and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Comprehensive Plan goal of work
proactively to preserve historic neighborhoods and properties which reflect the organic
development of neighborhoods in the community;
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 Medium Density Single Family Residential (RS -8) zone to Medium
Density Single Family Residential with a Historic Preservation Overlay (RS -8 / OHP) zone:
All of Lot 43, except the North 213 feet thereof, of the Sub -division of the SE'/, of Section 3, in
Township 79 North, Range 6 West of the 5th Prime Meridian.
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 day of 20_.
Ordinance No.
Page 2
Mayor
Approved by:
Cly �,,n d d:�P�lLlc
City Clerk Ci Attorney's Offi1-7ce �' ��t$
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/17/2018
Vote for passage: AYES: Thomas, Throgmorton, Botchway, Cole, Mims,
Salih,Taylor. NAYS: None. ABSENT: None.
Second Consideration 05/01/2018
Voteforpassage: AYES: Taylor, Thomas, Throgmorton, Botchway,
Cole, Mims, Salih. NAYS: None. ABSENT: None.
Date published
I r `i.®did CITY OF IOWA CITY 6e
MEMORANDUM
Date: March 8, 2018
To: Planning and Zoning Commission
From: Jessica Bristow, Historic Preservation Planner and Sylvia Bochner, Planning Intern
Re: Designation of 1029 North Dodge Street as a Historic Landmark (REZ18-00010)
Background: In 2015 the applicant, the Historic Preservation Commission, began a study of
Historic Properties that had been identified as possibly eligible for listing on the National
Register of Historic Places but were not yet protected by zoning designations. The house at
1029 North Dodge Street was identified as one of these key historic properties. The enclosed
Iowa Site Inventory Form and Information Sheet provide a discussion of the building's history
and architecture. The house sits on a roughly quarter acre lot at the corner of North Dodge
Street and Prairie du Chien Road. It was constructed in 1893 by the Parrott family and is a
Queen Anne -style house with evidence of a transitional Colonial Revival Style.
Historic Preservation Commission Review: The Historic Preservation Commission met
December 14, 2017 and conducted a public hearing at which they reviewed and evaluated the
historic significance of 1029 North Dodge Street. The Commission determined that the property
meets the requirements for a landmark and voted unanimously to recommend approval of the
designation of 1029 North Dodge Street as an.lowa City Historic Landmark. The house exhibits
a high level of historic integrity.
Landmark designation for 1029 North Dodge Street, a property in a Medium Density Single
Family Residential (RS -8) zone, will require Historic Preservation Commission approval of any
significant changes to the exterior of the building. Landmark status will also make the property
eligible for special exceptions (Section 14-26-8 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. Landmark designation will also make it possible for financial incentives such
as tax credits and the Iowa City Historic Preservation Fund to be available.
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
Council. The Commission's role is to review the proposed designation based on its relation to
the Comprehensive Plan and proposed public improvements and plans for renewal of the area
involved.
There are two specific areas of the Comprehensive Plan that appear to apply to this proposal:
1). the North District Plan and 2). the Historic Preservation Plan.
The North District Plan identifies the housing goal of retaining the predominantly single-family
residential character of existing neighborhoods. The Prairie du Chien and Dodge Street
intersection has been rebuilt as discussed in the North District Plan (page 15).
The Historic Preservation element of the Comprehensive Plan contains 2 specific goals relating
to this proposal. Goal 1: Identify historic resources significant to Iowa City's Past. Under this
goal the Commission is charged with continuing to research and evaluate properties and to
pursue local landmark designation when appropriate. This proposal of landmark overlay zoning
for the property at 1029 North Dodge Street is a direct result of the Historic Preservation
Commission working toward Goal 1.
March 8, 2018
Page 2
Goal 10: Adopt strategies to preserve historic neighborhoods which reflect their organic
development, historical roles and traditions, modern needs, and economic health and stability.
Located in the Tank Town neighborhood of the eastern -most portion of the North Planning
District, this property marks the edge of the historic residential neighborhood centered around
the municipal water town that was located at 900 North Dodge in the early 1900s and North
School located at 928 North Dodge. With the historic Hilltop Tavern building across Dodge
Street the house is a significant landmark at the entry to the neighborhood.
The landmark designation sought by the Historic Preservation Commission conforms with the
goals of the Comprehensive Plan — to work proactively to preserve historic neighborhoods and
properties and the organic development of neighborhoods in the community.
In staff's opinion, preservation of 1029 North Dodge Street would not be in conflict with plans for
redevelopment in the area but would actively preserve this historic entry to the neighborhood.
Staff Recommendation: Staff recommends approval of REZ18-00010, an application to
designate 1029 North Dodge Street as an Iowa City Historic Landmark and rezone from
Medium Density Single Family Residential (RS -8) to RS -8 with a Historic Preservation Overlay
(RS-8/OHP).
Attachments
1. Location Map
2. Information Sheet
3. Iowa Site Inventory Form
Approved b�`
Tracy Hights e, Director
Department of Neighborhood and Development Services
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1029 North Dodge Street
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Prepared By: Sylvia Bochner
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Parrott House
1029 North Dodge
1029 North Dodge, built in 1893, is a home exhibiting a transition from Queen Anne
to the Colonial Revival style. The overall height and proportion of the house, use of
ocular windows, and spindle details are elements of the Queen Anne. The side -gabled
roof with a front gambrel and side porch are elements of a Victorian transitional style.
The pedimented entry porch and arched brick openings with stone details are hallmarks
of the Colonial Revival. The heavily corniced dormer window above the front porch and
the large Palladian window in the adjacent gable are further elements of Colonial Revival
style. The porch gable end is filled with decorative woodwork in a vining pattern, and more
decorative woodwork accents an exterior wall space above the porch gable. Windows are
spaced asymmetrically throughout, and while a few windows have been replaced or filled
with brick, the openings have not been changed.
The history of the house comes mostly from family oral tradition. Kenny Parrott,
grandson of Charles and Magdalene Parrott, states that the house was constructed the
same year as St. Wenceslaus Catholic Church, which was 1893. The original owner,
Shay, was unable to complete construction of the house and Parrott negotiated to trade
his house on Kimball for 1029 North Dodge. From then until the mid-1960s, the house
was owned by the Parrott family. A descendant, Charles F. "Polly' Parrott II, who moved
into the house in the mid -1940s, after a series of tenants, was a superintendent of
Oakland Cemetery from 1947 to 1964.
The house is significant for its architectural character as a transition from Victorian
styles to the Colonial Revival.
Site Inventory Form State Inventory No. 52-01145 ® New Q Supplemental
State Historical Society of Iowa ❑ Part of a district with known boundaries (enter inventory no.)
(January 28, 1997) Relationship: ❑ Contributing ❑ Noncontributing
❑ Contributes to a potential district with yet unknown boundaries
National Register Status: (any that apply) ❑ Listed ❑ De-licted ❑ NHL ❑ DOE
Review & Compliance No. n n 0 2 ra 2 rj
❑ Non -Extant (enter year)
t. Nam RWmpeq
historic name Charles and Magdalene Parrott House
other namestsite number
2. L
street & number 1029 Northowe Stmt
city or town Iowa Cin, ❑ vicinity, county iglgison
Legal Description: (If Rural) Township: Name No. Range No. Section Quarter of Quarter
East Lucas 79 6
(If Urban) Subdivision Block(al Lot(sl3 _ a3 sc—
M
district
site
structure
objW
Contributing
Noncontributing
buildings
sites
strictures
Objects
Total
listed mourcer)
Name of related project report or multiple property study (Enter Nu• it the property is not pan of a muttoe property e,um namm)
T111110 t/Qinm YA.-JA fa 1 rLb Rau M . 1.
(Enter
foundation o4 stun,
walls 93 Brick
roof Qg eztialt shade
other
Narrative Description (® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED)
p icawe national negtater crnerta (Mark •,r in one or more
Yes ® No ❑ More Research Recommended A
Yes ® No ❑ More Research Recommended B
Yes ❑ No ❑ More Research Recommended C
Yes ❑ No ❑ More Research Recommended D
(0e for crtens that may quality the property, for National Register hating)
Property is associated with significant events.
Property is associated with the lives of significant persons.
Property has distinctive architectural characteristics.
Property yields significant information in archaeology or history.
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 Removed from its original location. ❑ G Less than 50 years of age or achieved significance within the past 50
❑ C A birthplace or grave. years.
❑ D A cemetery
Areas of Significance (Enter c4egaiea from inatructions) Significant Dates
Construction dela
0.2 ARCHITECTURE � 1893
other debt
Significant Penson
(Canplele d National Register Criterion B e merited slave)
Afrhltect/Builder
Architect
Bridef
WHICH MUST BE
See continuation sheet far citation of the books. wilan. and other solaces used M prop" this
iRM IY/ewias MPIIOHAU
1 2
kris Eseenp YJorthiny lona Easesp Mwlhsg
3 4
❑ see conttrsWfmt sheet f« addafonai UTkt references or comments
111. FOM PMP$md By
evaluated by Ralmm Canard
organization Tal(anm Historians L.C. date May, 2000
street & number 2118 S. Riverside Drive telephone (319) 354.6712
city o'tam Iowa City state Iowa zip code 52246
DOCUMENTATIONADDITIONAL (Sutras the fobwfrg ars wltlt Ma oo n~ form)
FOR ALL PROPERTIES
1. Nap showing the property s location in a tovmfctty, or township
2. Sllo plan stowing position of buildings and structures in the nominated area in relation to adjacent public road(s).
3 Phelf s : representative black and while ptot os. If the photos are taken as ppaartrt of a survey for which the Soddy is to be
curator d negatives or color slidesa ofotdcatelog sheet needs to be Included with the negativeslslides and the following needs to
be provided below on this partiaAar m tory site.
ROIVskde sheet N Frame'sbt 0 Date Taken
Roll/slide sheet / Framdalot a Date Taken
Roll/rAde sheet 0 Frametsbt If Dale Taken
See continuation sheet or attached ptato &dile catabg sheet for list of photo roll or slide entries.
Photos)illustiations without negatives are also in this site inventory file
FOR CERTAIN KINDS OF PROPERTIES, INCLUDE THE FOLLOWING AS WELL
1. Farmstead & Diacid (List of structures and buildings, known or estimated year built, and contributing or non-contributing status)
2. Barr
a. A sketch of the frameAruss cornfigurstion in the forth of drawing atypical middle bent of the bam.
b. A photograph of the loft showing the frame configuration along one side.
c. A sketch floor pian of the interior space arrangements abno wNh the bafrl'8 ederior dimensions in feet
State Historic Preservation Office (SHPO) Use Only Bg16w Thls Lins
This is a locally designated property or part of it locally desgnated disbkx.
Comments:
lona Department of Cultural Affairs
State Historical Society of Iowa
Iowa Site Inventory Form
Continuation Sheet
Charles and Magdalene Parrott House Johnson
Name of Property County in Iowa
7. Narrative Description
Site Number 52-04145
The Parrott House exhibits many fine architectural elements. It is a ono-and-onchalf story building, irregular in plan, with a (mainly)
cross -gabled roof. The asymmetrical front facade, which cannot be seen clearly because of mature trees, is visually balanced between a
gambrel -roofed wing on the left and a two -bay, one-story open porch on the right, above which a small window dormer is cut into the roof
of the house proper. The upper story of the front left wing is almost entirely filled with a large Palladian window above which is perched
a row of three smaller windows. The porch gable end is filled with decorative woodwork in a vining pattern, and more decorative
woodwork accents an exterior wall space above the porch gable. Windows are spaced asymmetrically throughout, and while a few
windows have been replaced or filled with brick, the openings have not been changed. The east facade exemplifies window treatment,
where the major openings have stone sills and decorative lintels or hood moldings achieved by brick patterning and faux keystones
integrated into the brick of the exterior walls. An oculus window, also accented with a brick and faux -keystone surround, is located near
the peak of the east gable end. The assessor's record states that exterior walls are of solid brick construction, but field inspection indicates
they may actually be brick veneer. A stone watertable bands the house just above a rough -cut stone foundation with a full basement. A
wood deck has been added to the west side of the house. While the house is not without alterations, they are comparatively minor and do
not compromise its historic architectural integrity.
8. Statement of Significance
The Parrott House is significant under National Register Criterion C as an excellent example of the Queen Anne style in Iowa City. In
1947, Edwin Ellis singled out this house for its pristine condition and Queen Anne styling, and its historic architectural integrity remains
very good.
The history of the Parrott House comes mostly from family oral tradition. Kenny Parrott, grandson of Charles and Magdalene Parrott,
states that the house was constructed the same year as St. Wenceslaus Catholic Church, which was 1893. The original owner(s), identified
only by the last name of Shay (or Shea), reportedly ran out of money while the house was under construction, and Parrott negotiated to
trade his house on Kimball St. for this residence. He lived here until his death in 1910, and his wife Magdalene continued to live here until
about 1930, although city directories list a number of (unrelated?) occupants between 1911 and 1915. After Mrs. Parrott left (or died),
their son, Charles F., rented the house for several years. John and Ruth Swatter (see Swaner Farms Dairy, 1107-1109 No. Dodge) rented
it for a brief time in the early 1930s, followed by several other tenants until the mid -1940s, when Charles F. moved into the house.
Charles F. is remembered for his long-time public service as superintendent of Oakland Cemetery from 1947 until his retirement in 1964.
9 Major Bibliographical References
Field inspection December 29, 1999 and March 6, 2000.
Iowa City Assessor records.
Iowa City city directories, 1911-1956.
Ellis, Edwin Chas. "Certain Stylistic Trends in Architecture in Iowa City" University of Iowa: M.A. Thesis, 1947 (p. 291).
Parrott, Kenny. Interview with Linda St. Claire, March 2000.
"Parrott Gave Cemetery Job 'Extra Touch."' Iowa City Press -Citizen, I I January 1964.
See accompanying project report.
Planning and Zoning Commission
March 15, 2018
Page 9 of 24
Staff finds that the landmark designation of the property complies with the goals of the
Comprehensive Plan for the continued residential use of the property and for preservation of
historic elements of Manville Heights and therefore recommends approval.
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) stated the home was built in
1917 as part of the first wave of home built in Manville Heights which is one of the most
cherished neighborhoods in Iowa City today developed by Bart Manville. The house is
historically significant for its association with prominent citizens. It was built for Albert Henry
Bayfield who was the founding chair of Pediatrics Department at The University of Iowa College
of Medicine and it was design by a University of Iowa Engineering professor Stuart Hobbs Sims
Swaim stated this is a theme seen in Manville Heights, association of the houses with The
University of Iowa faculty or staff. There is a rich history there and this house is an example of
that. Swain continued by noting this house is also significant for its architecture, it is a large
scale, well -cared for and well -loved example that blends Tudor Revival and English Arts -and -
Crafts, not a style seen in Iowa City very often. With this property it appears possible to trace
Sims's inspiration to a similar house in Biddenham, England, which appeared in a plan book in
1912 that Sims is believed to have consulted.
Freerks closed the public hearing.
Parsons moved to recommend approval of REZ18-00011, an application to designate 715
West Park Road as an Iowa City Historic Landmark and rezone from Low Density Single
Family Residential (RS -5) to RS -5 with a Historic Preservation Overlay (RS- 5/OHP).
Signs seconded the motion.
Freerks noted there are two specific Comprehensive Plan goals related to this proposal (Goal 1
and Goal 10) and she believes this clearly meets those goals.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ18-00010):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 1029 North Dodge Street as an Iowa City Historic
Landmark.
This property, built in 1893 is located in the Shimek Neighborhood of the North Planning District
This neighborhood was once known as "Tank Town" since there was a water tower there. Itis
zoned Medium Density Single Family. The North District Plan identifies this general area as
appropriate for continued single family use. The plan also calls for identification and protection
of historic properties and neighborhoods.
Staff finds that designation of 1029 N. Dodge Street as a landmark will helpful these goals and
recommends approval.
Freerks opened the public hearing.
Planning and Zoning Commission
March 15, 2018
Page 10 of 24
Ginalie Swaim (Chair of the Historic Preservation Commission) noted this home is a true
architectural gem that many admire while stopped at the intersection of Dodge and Governor
Streets. It is significant for the City for its architectural style, it was built in 1893 and shows the
transition between to major styles of architecture, the Queen Anne and Colonial Revival. The
overall height and proportion of the house, use of ocular windows, and spindle details are
elements of the Queen Anne. The heavily corniced dormer window above the front porch and
the large Palladian window in the adjacent gable are elements of Colonial Revival style. Swaim
added that the porch gable end filled with decorative woodwork in a vining pattern is particularly
lovely. The house is located in the Shimek Neighborhood, as Miklo stated was once known at
"Tank Town" which was a neighborhood of German and Bohemian immigrants.
Thomas Agran (512 N Van Buren Street) serves on the Historic Preservation Commission as a
representative of the Northside but is speaking as an individual this evening, his comments
apply to this property specifically but could generally apply to all subsequent ones tonight as
well. He thinks that spot zoning is not always ideal, but it was spot zoning that could have
saved the workers cottages. There are glamourous houses of historical value and there are
also things that have historic value that are not associated with the rich and famous, those
cottages were referenced in the Comprehensive Plan as a critical asset to the community and
anyone should recognize that this home and all the following homes would be recognized in the
same way. Agran stated that the Northside, as being seen this spring, is ripe for development
and investment and he feels tonight is an opportunity to prevent subsequent future tragedies
and a combination of both spot zoning for these properties, or a Form -Based Code for the
Northside would be a huge step forward in terms of sustaining the integrity of the neighborhood.
Miklo noted that the proposals are for overlay zones which are not spot zoning, overlays are
intended to preserve special properties with special characteristics whereas spot zoning is
giving special rights to properties.
Freerks closed the public hearing.
Signs moved to recommend approval of REZ18-00010, an application to designate 1029
North Dodge Street as an Iowa City Historic Landmark and rezone from Medium Density
Single Family Residential (RS -8) to RS -8 with a Historic Preservation Overlay (RS-8/OHP).
Martin seconded the motion.
Freerks noted there are two specific Comprehensive Plan goals related to this proposal (Goal 1
and Goal 10) and she believes this clearly meets those goals.
Signs agrees with remarks with some of the letters that this is house is a gem as a something to
see as one enters Iowa City.
Freerks also notes that often people feel there needs to be a mass of homes to have a historic
area, but she feels it is important to have these individual homes acknowledged too.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ18-00012):
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 15 of 19
hopefully for historic properties that increase can be abated and delayed over a certain period of
time and raised more gradually.
Trimble said that is something for which they are lobbying the City. She said she hopes to see
results on that and said that a lot of other Counties do this.
Swaim closed the public hearing.
Kuenzli said she admires the house and the landscape and thanked Larew for the wonderful job
they have done with it.
Karr said that he enjoyed hearing the additional history.
MOTION: Baker moved to approve the designation of 504 East Bloomington Street as an
Iowa City Historic Landmark based on the following criteria for local designation: criteria
a, b, and d. Boyd seconded the motion. The motion carried on a vote of 8-0 (Clore
DeGraw. and Wagner absent).
Bristow told Larew that she would be glad to hear more details about the history of the house.
She said that if he wanted to lend her any of those photographs to scan, she would be glad to
have them. Swaim agreed that any additional information would be very valuable to the
Commission as it puts this together.
1029 North Dodge Street.
Bristow showed the location map for this property on a large lot at the corner of North Dodge
Street and Prairie du Chien Road. She said that the most interesting thing about this house is
the architecture. Bristow stated that this is a really unique gem in Iowa City architectural history.
Bristow said this house has a gambrel roof as well as some very Victorian details. She showed
a very long gable roof on the side of the house. Bristow said this is an example of a Victorian
moving into a colonial revival. She said that a lot of the colonial revivals started out as Dutch
colonials, which the gambrel roof is a part of.
Bristow showed the group of three windows in the front gable and said that it is a Palladian
window combination. She said there are some classical details in the columns. Bristow showed
the vining pattern that is seen in some gables around town. She said it is also a vining detail
that relates to the colonial revival. Bristow said that there are other elements to the porch, but
the long gable is also part of a colonial revival look, as is the interesting little dormer.
Bristow said that what one is really looking at with this structure is something that is a very
unique combination of a transition from a Victorian to a colonial revival. She said that it is very
well intact and has been preserved very well.
Bristow said it has a bit of an addition on the back that may have been some kind of an
enclosed porch or a kitchen addition. She showed an area that may also have been an addition
or may have been original.
Bristow said that staff would be promoting this as a local landmark because of criteria A and B
but also because of the fact that it is a good example of interesting architecture, criteria E, which
is not seen in some of the other properties.
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 16 of 19
Bristow said that the owner could not attend tonight's meeting. She said he contacted her, and
she believes he will come to other meetings and voice his opinion. Bristow said the owner did
tell her that the local landmark designation goes right along with how he feels about the
property.
Bristow said the ownership began with a family named Shay, who started to build the house but
could not finish. She stated that the Parrott family owned another house, and they traded with
Mr. Shay and took over this property and finished building the house. Bristow said she does not
know if that is why it has a transitional style, but that ownership transfer did occur.
Bristow said that the house was in the Parrott family for a very long time. She said that
research shows that it was perhaps a rental for a while, with a series of tenants. Bristow said
the current owner told her that his aunt and uncle bought the house after World War ll, and he
later bought it from them. She said that except for a short period of time, since the house was
built, it has really been owned by two families. Bristow said that one of the Parrott family
members was the Superintendent of Oakland Cemetery.
Swaim opened the public hearing.
Swaim closed the public hearing.
MOTION: Agran moved to approve the designation of 1029 North Dodge Street as an
Iowa City Historic Landmark based on the following criteria for local designation: criteria
a, b, and e. Baker seconded the motion. The motion carried on a vote of 7-0 (Clore.
DeGraw. Kuenzli, and Wagner absent).
715 West Park Road.
Swaim said that the Commission looked at this house for the National Register and is fairly
familiar with its history.
Bristow said the Commission reviewed this house in September of 2016, and it became listed
on the National Register in March of 2017. She said that the owner would like to have it locally
landmarked. Bristow said the property meets criteria A, B, D, and E, for reasons of architecture
and significant owners in the past.
Swaim opened the public hearing.
Swaim closed the public hearing.
MOTION: Agran moved to approve the designation of 715 West Park Road as an Iowa
City Historic Landmark based on the following criteria for local designation: criteria a, b,
d, and e. Builta seconded the motion. The motion carried on a vote of 7-0 (Clore.
DeGraw. Kuenzli, and Wagner absent).
Swaim stated that these items will be moving on to the Planning and Zoning Commission, most
likely in January. She thanked members of the public for their attendance and comments.
REPORTS ON CERTIFICATES ISSUED BY CHAIR AND STAFF:
Certificate of No Material Effect - Chair and Staff Review.
823 Bowery Street.
From: Dan Cummins <cummins4dp@gmail.com>
Sent: Thursday, March 15, 2018 10:50 AM
To: Plan ningZoningPublic
Subject: Designation of Historic Homes as Iowa City Landmarks
Dear Members of Planning and Zoning Commission,
I want to express my support for designating the properties noted below as Iowa City Historic
Landmarks. Each of these properties captures a piece of the unique history of Iowa City, both architecturally,
and through the stories that they tell. Visitors to Iowa City often comment that these type of properties are
what make our town unique and comparable to other bigger cities in the US and in Europe that value historic
structures. People that have relocated to our community often note that, unlike others towns, our leaders
have had the courage to preserve the past.
Please vote to designate these properties as Iowa City Landmarks.
1029 N. Dodge St
• 504 E. Bloomington St
• 213 E. Market St
• 319 E. Bloomington St.
• 412 N. Dubuque St
• 410-412 N. Clinton St
• 715 West Park Road
Thank you,
Dan Cummins
12 Bella Vista Place
(D�
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ18-00012)
Ordinance No.
Ordinance rezoning property located at 504 East Bloomington Street
from Commercial Office (CO -1) to CO -1 with a Historic Preservation
Overlay (CO -1 / OHP). (REZ18-00012)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 504 East Bloomington Street from Commercial Office (CO -1) to Commercial
Office with a Historic Preservation Overlay (CO -1 / OHP); and
Whereas, this structure was built in 1880 by George and Helen Hummer, prominent Iowa City
residents connected to George Hummer Mercantile Co.; and
Whereas, the Comprehensive Plan encourages the preservation of older housing stock in the
Central District and preservation of historic assets; and
Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls
for identification of resources significant to Iowa City's past with the objective of designating
individual buildings as landmarks; 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
association with a significant Iowa City resident and its distinctive architecture; and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Comprehensive Plan goal of
providing incentives to maintain and reinvest in older housing, preserving historic neighborhoods
and identifying historic resources that are not currently protected by landmark designation;
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 Medium Density Single Family Residential (CO -1) zone to Medium
Density Single Family Residential with a Historic Preservation Overlay (CO -1 / OHP) zone:
South 110 feet of Lot 5 in Block 37, 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 day of , 20
Ordinance No.
Page 2
Mayor
0
Approved by: 1
Attest: ,Q Y toc .���� nn 9GT
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:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/17/2018
Voteforpassage: AYES: Throgmorton, Botchway,
Taylor, Thomas. NAYS: None. ABSENT: None.
that the
Cole, Mims,'Salih,
Second Consideration 05/01/2018
Vote for passage: AYES: Thomas, Throgmorton, Botchway, Cole,
Mims, Salih, Taylor. NAYS: None. ABSENT: None.
Date published
®dry
CITY OF IOWA CITY 050118
MEMORANDUM sf
Date: March 8, 2018
To: Planning and Zoning Commission
From: Jessica Bristow, Historic Preservation Planner and Sylvia Bochner, Planning Intern
Re: Designation of 504 E. Bloomington Street as a Historic Landmark (REZ18-00012)
Background: In 2015 the applicant, the Historic Preservation Commission, began a study of
Historic Properties that had been identified as possibly eligible for listing on the National
Register of Historic Places but were not yet protected by zoning designations. The house at 504
East Bloomington Street was identified as one of these key historic properties. The enclosed
Iowa Site Inventory Form and Information Sheet provide a discussion of the building's history
and architecture. The two-story brick italianate style house was built in 1880 by George and
Helen Hummer, prominent Iowa City residents connected to George Hummer Mercantile Co.
and the building committee for the public library. George Hummer also owned and expanded
the size of Union Bakery at 203 North Linn Street in 1893, listed on the National Register of
Historic Places and a local landmark.
Historic Preservation Commission Review: The Historic Preservation Commission met
December 14, 2017 and conducted a public hearing at which they reviewed and evaluated the
historic significance of 504 East Bloomington Street. The Commission determined that the
property meets the requirements for a landmark and voted unanimously to recommend approval
of the designation of 504 East Bloomington Street as an Iowa City Historic Landmark. The
building is significant as a well-preserved example of Italianate architecture and for its
association with locally prominent citizens.
Landmark designation for 504 East Bloomington Street, a property in a Commercial Office (CO -
1) zone, will require Historic Preservation Commission approval of any significant changes to
the exterior of the building. Landmark status will also make the property eligible for 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.
Landmark designation will also make it possible for financial incentives such as tax credits and
the Iowa City Historic Preservation Fund to be available.
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
Council. The Commission's role is to review the proposed designation based on its relation to
the Comprehensive Plan and proposed public improvements and plans for renewal of the area
involved.
There are two specific areas of the Comprehensive Plan that appear to apply to this proposal:
1). the Central District Plan and 2). the Historic Preservation Plan.
The subject property is located within Subarea A of the Central District. The Central District Plan
discusses challenges this area faces in terms of balancing the needs of different housing types
and residents, including many student rentals. The plan encourages the provision of incentives
to maintain, improve, and reinvest in older housing stock in the area, which can include
incentives tied to historic preservation (Central District Plan pg 14). As a mixed-use building with
office and residential, the designation of 504 East Bloomington Street as a historic landmark
would contribute to this goal, along with the broader Comprehensive Plan goal of preserving
historic resources and reinvesting in older neighborhoods (Central District Plan pg 2).
March 8, 2018
Page 2
Neighborhoods that are closest to the University and other large employers such as Mercy
hospital benefit from a mixture of housing types including historic resources where a diversity of
people can live and work or go to school in the vicinity.
The Central District Plan also more broadly supports the goals of the Historic Preservation Plan,
which contains 2 specific goals relating to this proposal. Goal 1: Identify historic resources
significant to Iowa City's Past. Under this goal the Commission is charged with continuing to
research and evaluate properties and to pursue local landmark designation when appropriate.
This proposal of landmark overlay zoning for the property at 504 East Bloomington Street is a
direct result of the Historic Preservation Commission working toward Goal 1.
Goal 10: Adopt strategies to preserve historic neighborhoods which reflect their organic
development, historical roles and traditions, modern needs, and economic health and stability.
The Historic Preservation Plan discusses this general area as part of the discussion of the
Gilbert -Linn Street neighborhood. For this neighborhood, Objective 4 of this Goal specifically
supports efforts to preserve historic neighborhoods adjacent to the University Campus as the
Campus or other large entities expand, including avoiding negative impacts on individual historic
resources. Local Landmark designation for 504 East Bloomington Street promotes this objective
by identifying this historic property as an area that is not appropriate for redevelopment.
The landmark designation sought by the Historic Preservation Commission conforms with the
goals of the Comprehensive Plan — providing incentives to maintain and reinvest in older
housing, preserving historic neighborhoods and identifying historic resources that are not
currently protected by landmark designation.
In staffs opinion, preservation of 504 East Bloomington Street would not be in conflict with plans
for redevelopment in the area but would actively promote a diversity of housing stock and the
preservation of historic resources.
Staff Recommendation: Staff recommends approval of REZ18-00012, an application to
designate 504 East Bloomington Street as an Iowa City Historic Landmark and rezone from
Commercial Office (CO -1) to CO -1 with a Historic Preservation Overlay (CO-1/OHP).
Attachments:
1. Location Map
2. Information Sheet
3. Iowa Site Inventory (Form
Approved byy
Tracy High hoe, Director
Department of Neighborhood and Development Services
� r
CITY OF IOWA CITY
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• '.�7 �' a i q if;
1 • L 4
`.BLOOMINGTON`'
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MONLA
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An application submitted by the City of �' (}`
Iowa City for rezoning of 8,800 square
feet of property located at 504 E. Bloomington
Street from Commercial Office (CO-1) r s 1
zone to CO-1 Historic Landmark (CO-1/OHD). „ c,
WHOM
George and Helen Hummer House
504 East Bloomington
Built by 1880, 504 East Bloomington is a two-story brick gable -front Italianate house with
a low-pitched cross gable roof. The three -bay front has segmental arched windows with a
double door entrance at the right side. Two etched -glass doors are topped by a flat fanlight.
A small hipped roof porch extends over the entrance. It has a segmental arched cornice with
small brackets above each of the slender square columns. Originally the porch wrapped
around the front and east side of the ell. In 1906, the porch also wrapped around the west
side of the front facade.
The west wing consists of a partially canted bay with decorative scrollwork and corner
pendants defining the cornice line. The west wing also includes decorative dogtooth
brickwork on the outer edges. The windows are 2 -over -2 double hung except for the first -floor
windows on the front fagade, which are 2 -over -4 double hung. The segmental arched window
headings consist of two courses of projecting rowlock bricks. Two sets of bay windows are
located along the east wall. The front porch wrapped around both sides of the front wing into
the 1930s when it was reduced to three separate porticos.
Mary Helen Hummer originally acquired four lots in the 500 block of East Bloomington in
1872, sold them a short time later, and reacquired them in 1879. This house was built a short
time later by Helen and her husband, George Hummer. George Hummer was the president
of George Hummer Mercantile Co., which was originally located along South Gilbert Street
and relocated to 227-231 East Washington Street. The company carried a full line of food
products and grocer's sundries. By 1900 the company had extended into other parts of Iowa.
George Hummer served on the building committee for the public library, completed in 1904.
504 East Bloomington is significant as a well-preserved example of Italianate architecture
and for its association with locally prominent citizens.
v
�•---" ., - ; :ice �dGi�^„
Site Inventory Form State Inventory No. -52-03213 ® New ❑ Supplemental
State Historical Society of Iowa ❑ Part of a district with known boundaries (enter Inventory no.)
(January 28,1997) Relationship: ❑ Contributing ❑ Noncontributing
❑ Contributes to a potential district with yet unknown boundaries
National Register Status: (any that apply) ❑ Listed ❑ De -listed ❑ NHL ❑ DOE
Review & Compliance No.
❑ Non -Extant (enter year)
1. Name of Property
historic name George and Helen Hummer House
other names/site number
2. Location
street & number 504 Fav Bloomington Street
city or town Town City ❑ vicinity, county Johnson
Legal Description: (If Rural) Township: Name No. Range No. Section Quarter of Quarter
(If Urban) Subdivision Original Town Block(s) 37 Lot(s) S. 3/4 Lot 5
one
❑ site
❑ structure
❑ object
Contributing Noncontributing
1 0
not
buildings
sites
structures
objects
Total
previously Ilsted resources)
Name of related project report or multiple property study (Emer'NW If the property Is not part of a multiple property marrunatim).
Title Mtttoricaf/Archkedural Data Base Number
Iowa City Original Town Plat Pbose It Study 52-032
6. Function or Use
Historic Functions (Enter categories from Instructions) Current Functions (Enter categories from Instructions)
OIA0I DOMESTIUsingic dweltinehesidmoe GIB DOMESTIC ulr'nled 11' el
categories from
OSn LATE VICTORIANntarerwle
02B COMMFRCEfrRADFlnrofessioWwlsw office
(Ender categories from
foundation 04 STONE
walls 03 PRICK
roof 08 ASPHALT
other
Narrative Description (® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED)
p ick able National Register Criteria (Mark Ix In one or more
Yes ® No ❑ More Research Recommended A
Yes ❑ No ❑ More Research Recommended B
Yes ❑ No ❑ More Research Recommended C
Yes 0 No ❑ More Research Recommended D
tas for criteria that may qualify the property Tor National register listing)
Property is associated with significant events.
Property is associated with the lives of significant persons.
Property has distinctive architectural characteristics.
Property yields significant information in archaeology or history.
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 Removed from its original location. ❑ G Less than 50 years of age or achieved significance within the past 50
C A birthplace or grave. years.
D Acemetery
Areas of Significance (Enter Categories from Instructions) Significant Dates
Consrrucdon date
02 ARCHITECTURE ca 1880
Other dates
Significant Person Architect/Builder
(Complete H National Register Criterion e is marked above) Archited
Geome Hummcr unknown
Builder
110mown
Narrative Statement of Sianificance (® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED)
See continuation sheet
and other sources used In
i1TM Rotuanc(ts (DPiiONAy -
Xan , +3dn�""� . Narh�p Ione EasftAY ;o+�1ng ,
3 4.
t-) See continuation sheet for additional UTM references or comments
name/tIlle Marhs A Svendsen
organization Svcndsen Tvler the date 6/98
street & number N3834 p= take Raid telephone 715/469-3300
city or town
state WI zip code 54870
1 Map showing the propertys location in a town/city or township
2. Site plan showing position of buildings and structures In the nominated area In relation to adjacent public road(s).
3. photographs: representative black and white photos. If the photos are taken as part of a survey for which the Society is to be curator of
the negatives or color slides, a photolcatalog sheet needs to be included with the negatives/slides and the following needs to be provided
below on this particular Inventory site:
RolUslide sheet # 9610 Framelslot # 17 Date Taken 3/23/98
RolUslide sheet # Frame/slot # Date Taken
Roll/slide sheet # Frame/slot # Date Taken
❑ See 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 rile
FOR CERTAIN KINDS OF PROPERTIES, INCLUDE THE FOLLOWING AS WELL
1. Farmstead & District. (Ust of structures and buildings, known or estimated year built, and contributing or non-contributing status)
2. Barin:
a. A sketch of the frameRruss configuration In the form of drawing atypical middle bent of the bam.
b. A photograph of the loft showing the frame configuration along one side.
.___ _,__ _..._ :_•,..r.,. —1. nnweeamnnts eiona with the barn's exterior dimensions In feet.
Iowa Department of Cultural Affairs
State Historical Society of Iowa
Iowa Site Inventory Form
Continuation Sheet
George and Helen Hummer House Johnson
Name of Property County In Iowa
7. Narrative Description
Site Number -52-03213
This 2 -story single-family brick dwelling was built in 1880 according to City Assessor records. Sanborn maps confirm that it was built prior
to 1892. It is an example of an italianate Gable -Front form with a low pitched intersecting gable roof. The three -bay front has segmental
arched windows with a double door entrance at the right side. Two etched glass doors arc topped by a flat fanlight. A small hipped roof
porch extends over the entrance. It has a segmental arched comice with small brackets above each of the slender square columns. The porch
deck is at grade and there is no balustrade. A similarly finished porch is lucked in the cast ell. A square light fanlight tops the entrance from
this porch. Configuration of the porches has changed through the years with the earliest 1892 Sanborn map showing a wraparound porch
extending along the front and east ell. The 1899, 1906, 1912, 1920, 1926, 1933 and 1970 Sanborn maps show the porch continuing around
the west side but by 1985 the current porch configuration was in place. The west wing consists of a three -sided or canted bay on the lower
level and a rectilinear upper level. Decorative scrollwork and comer pendants define the bases of the comers of the west wing's upper level.
Fenestration includes tall 2/2 double -hung sash placed singularly and in groups. The two windows to the left of the entrance extend to the
floor in a 2/4 configuration. The segmental arched window headings consist of two courses of projecting rowlock bricks. Two sets of bay
windows are located along the east wall. The house is set on a low stone foundation with walls of reddish brown brick. Decorative
brickwork includes a dogtooth section on the outer edges of the west wing, lower level in addition to the window arches. The house had a
major remodeling in 1946 when it was converted to four apartments. Work included construction of the 2 -story rear addition.
8 Statement of Significance
The Hummer House is a well-preserved example of the Gable -Front form of the Italianate Style. The modification of the front wrap around
porch is regrettable but the integrity of the balance of the houses is sufficient to retain its eligibility for the National Register under Criterion
C.
Mary Helen Hummer originally acquired Lots 5, 6, 7, and 8 in the 500 block of Fast Bloomington Street in 1872, sold them a short time
later, and reacquired them in 1879. This house was built by Helen and her husband George Hummer a short time later. It served as the
familial headquarters for the Hummer family with several other family members residing in houses in the 500 block of Bloomington during
the late 19'h and early 20'h century. George Hummer was the president of George Hummer Mercantile Co., a wholesale mercantile supplier
incorporated in 1884. Originally located along South Gilbert Street, die company eventually located its office and warehouse at 227-231 East
Washington Street. The company carried a full line of food products and grocer's sundries. By 1900 the company had spread their territory
into other parts of the state connected to Iowa City by rail. Other officers in the company included F. S. McGee, vice president and F.N.
Sueppel, secretary and treasurer.
9 Maior Bibliographic References
Iowa City, Historical, Descriptive and Commercial Review, Iowa City, Iowa. ca. 1900.
Iowa City city directories.
Property Transfer Records, Johnson County Auditor's Office.
Tax Assessor's Records, City of Iowa City Assessor.
1152-010-060, Goosetown Neighborhood Survey, 1985.
#52-010-060, North Side Neighborhood Preservation Study, 1977.
Sanbom maps, 1879, 1888, 1892, 1899, 1906, 1912, 1926, 1933, and 1933 updated to 1970.
Planning and Zoning Commission
March 15, 2018
Page 11 of 24
REZONING ITEM (REZ18-00012):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 504 E Bloomington Street as an Iowa City Historic
Landmark.
Miklo stated this property is also located in the Northside Neighborhood of the Central District.
It was built in 1880. It is zone Commercial Office, there is an office located on the first floor and
residential apartments on the second floor. The Comprehensive Plan indicates that this is an
appropriate use for the property. Again landmark designation does not regulate the use of the
property that is regulated by the underlying zoning. Designation of the this property will conform
the Comprehensive Plan goal of identifying and protecting historic buildings as well as the
Central District Plan of continued office use in this area along with the goal of providing a
diversity of housing including smaller rental properties such as the apartments on the upper
floor. Therefore Staff recommends approval of this designation.
Signs asked how the Historic Preservation designation relates to demolition. Can it be
demolished if it is ruined or destroyed by hazard? Miklo said any demolition permit would
require approval by the Historic Preservation Commission, if a building is found to be structurally
defective to the point where it couldn't be repaired the Commission could allow its demolition.
The goal is to protect the buildings, if the building is severely damaged by fire or tornado it can
be demolished and replaced by a new building that does not need to comply with historic
preservation guidelines. Hektoen added the building must be damaged to no repair.
Signs asked if this property was located in the area that is being discussed for a Northside
Form -Based Code area and if so how will it be affected. Miklo said the City has been working
the Opticos (a consulting firm) and one of the things they observed is the City has a collection of
historic buildings and it would be a goal of that plan to help preserve those and a Form -Based
Code is not in conflict with that goal.
Freerks opened the public hearing
Ginalie Swaim (Chair of the Historic Preservation Commission) stated this home is a brick
beauty with Italianate aspects, the windows are arched and the front door has etched -glass and
topped by a flat fanlight. This home has a lot of brick work detail that pictures don't do justice.
This house is significant for its Italianate architecture and also its association with George and
Helen Hummer. George owned Hummer Mercantile which sold food products in Iowa City and
then later expanded his business to other parts of Iowa. He also served on the building
committee for the public library, completed in 1904. Although George is listed on the building,
Helen Hummer's name is listed on the deed for the lots.
Jim Larew (owner of 504 East Bloomington) wanted to express that when he purchased this
building it was falling apart and they reconstructed it from the inside out and make it useable
again. He has used the first floor as his law office for the past 30 years and one of the tenants
in the apartments upstairs came with the building and is still there. Larew shared his worry
about this building and the future. The historic preservation designation was not his request and
he was surprised to learn others wanted to do it, but it has caused him to think about it and
hopes it is the right decision. His concerns are there are intense economic pressures for places
downtown, especially due to this homes location across from Mercy Hospital. His wife and he
can sustain this property, at the time he purchased it he could pay the mortgage, interest and
Planning and Zoning Commission
March 15, 2018
Page 12 of 24
property taxes from the three tenants, at today's rate combining all three won't even cover the
property taxes. Larew's concern for the future is the next owner won't likely want it as a law
office with two apartments above, so his question is will they be allowed to reconfigure.
Because otherwise this property will suffer if the historic preservation blocks other future uses.
Miklo stated that the historic preservation regulations do not regulate the interior of the structure,
they do regulate exterior if a building permit is required. It also doesn't prevent the building from
being added on to, in fact there are specific guidelines in the regulations on how to add onto a
historic building. In a commercial situation like this it does provide some zoning relief from
some of the zoning requirements. The overall goal is to protect the character of the building and
any additions must be sympatric in design and don't detract from the overall setting. Hektoen
added that it will not change the allowable uses of the property.
Swain reiterated that historic preservation is all about using and maintaining historic buildings
not rendering them unusable. They work very hard as new property owners buy historic houses
and want to make adaptations for modern day living.
Freerks closed the public hearing.
Theobald moved to recommend approval of REZ18-00012, an application to designate
504 East Bloomington Street as an Iowa City Historic Landmark and rezone from
Commercial Office (CO -1) to CO -1 with a Historic Preservation Overlay (CO-1/0HP).
Parsons seconded the motion.
Freerks noted there are two specific Comprehensive Plan goals related to this proposal (Goal 1
and Goal 10) and she believes this clearly meets those goals.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ18-00009):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 213 E Market Street as an Iowa City Historic Landmark.
Miklo stated that this property is located in Central Planning District — North Market Place. It is
zoned Central Business Support Zone. It was built in1870 for Anton Greiger who operated the
brewery next door and is currently owned by the Wesley Foundation. When City drafted the
Central District Plan they conducted community workshops that lead to the policies of the plan
that are specific to this property as well as the 319 Bloomington Street, the next property on this
list. Residents and business owners who participate in those workshops spoke of the historic
character of the Northside Market Place is one of its greatest assets and wanted it to be
preserved. A goal the Comprehensive Plan for this area preserve the lower scale and density of
this area when compared to Downtown. The Plan calls for limiting height to two to three stories
and preservation of several historic buildings in the area. Many of those building have already
been designated as landmarks, Miklo showed them on a map. The area also includes the
Jefferson Street Historic District. Designation of this property would further the goals of the
Central District Plan to preserve the unique character and scale of the Northside Market Place
as well as the as the goals of identifying and protecting historic properties.
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 12 of 19
Boyd said he appreciates the thoughtfulness of the property owner's comments. He said that
these are sometimes not easy decisions, and he always appreciates when people come in
having really been thoughtful about what the process is and weighing all kinds of things.
Agran mentioned the comment about lumping the property in with other potential properties and
asked if, in terms of how one looks at designating properties in the future, designating this
property now would not change anything about the argument surrounding future properties.
Bristow said she believes that is correct. She said that ultimately this property is being looked at
alone and on its own. Bristow said it does have associations with existing buildings in the area,
and so that just adds to its significance. She said the other buildings on that block that Rust had
mentioned are being researched and are potentially going to come before the Commission in
the future, probably individually and not necessarily as a district. Bristow said there is not
anything in the works in terms of a formal district right here at this point. She said the
discussion is about individual properties.
Bristow said these are being looked at as a group of residential brick structures. She said that
their uses might not currently be wholly residential, but originally they were built to be
residential. Bristow said staff and the Commission are not looking right now at commercial
buildings or that kind of thing, just because this group is residential, brick structures.
Swaim stated that this is more of a thematic grouping.
Boyd said that the Commission is in a place to try to move on these things, since there has
been a backlog on trying to move them through as groups. He said that this is not the last of
these that the Commission will be looking at. Boyd said the Commission has heard from the
development community about providing some proactive clarity about where these things are.
He said he thinks the Commission should move on that, and there are other opportunities for
people to weigh in.
MOTION: Kuenzli moved to grant local landmark designation to the property at 319 East
Bloomington Street based on the following criteria for local designation: criteria, a, b, c,
and d. Baker seconded the motion. The motion carried on a vote of 8-0 (Clore, DeGraw,
and Wagner absent).
504 East Bloomington Street
Bristow stated that this is the George and Helen Hummer house and was built in 1880. She
said that it has Italianate details as well as Victorian details.
Bristow showed the front gable structure and said that while originally a porch wrapped around
both sides of that, now it is divided into separate porticos. She showed the cross gable on the
side and said that it is partially bracketed.
Bristow said the house really shows elements of the Victorian architecture in the gables, while
some of the details show a little bit of the Italianate that is left over in the heavy cornice with its
brackets as well. She showed how the cross gable comes out and where the front porch
originally did wrap around to both sides. Bristow said this is really a very grand house.
Bristow said that Helen Hummer originally owned most of this block. Bristow said that it was
unusual for a woman in the 1800s to be kind of a land speculator. She said that Helen Hummer
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 13 of 19
and her husband, George, a mercantile operator, built the house after selling the property and
then buying it back.
Bristow said that George Hummer ended up branching out and selling goods throughout Iowa.
She said George Hummer was really part of that early mercantile/commerce part of Iowa City
history. Bristow said that for that reason, staff finds that the property meets criteria A and B,
and as well, it is associated with George and Helen Hummer, unique individuals, both because
of land speculating done by a female and being into mercantile and branching out into other
areas of Iowa so it also meets criteria D.
Swaim opened the public hearing
Larew said that he and his wife, Mary, own this building, and it is where his law practice is
located. He said they bought the building from a woman who no longer had enough rental
income to maintain the building. Larew said he has been able to maintain the building but does
not believe he would have been able to if it were purely rental property for residential purposes.
He added that the former owner has remained very interested in the property and provided him
with photographs of the building from the past.
Larew said the fact that he has his law practice on the first floor gives him the ability to move
forward and keep up with the bills and the maintenance. He said he mentions this because that
area has a lot of pressure on it. Larew stated that the valuation of the property rises rather
steeply when other organizations such as Mercy Hospital and others, buy nearby property at a
hefty price and then that building is compared for valuation to his own. He said that the uses
have not changed since he bought the property in 1990, but the taxes have increased
considerably.
Larew said that he is devoted to historic preservation, but if he would have any concerns at all,
he does not know what these criteria do, if anything, in terms of affecting market value upwardly
or downwardly. He said they did not buy the property to make a fortune; they bought it because
they loved it and they thought it needed a good owner.
Larew said he has some friendly quarrel with some of the history to the building. He said that
when they bought the building, they had to update all of the systems. Larew said that the maps
sometimes tell one story, but the inside tells another.
Larew said he believes that the front of the building, before additions were put on, was probably
built in the 1860s. He said that the criteria, the brick, is much like the brick building on Dubuque
Street. Larew said he does not know who the brick layer was, but the patterns are almost
exactly the same. Regarding the age of the brick, he said it is more brittle than the additions
and the pattern is slightly different.
Larew said that when one is inside in the main area, people who know a lot about this have told
him that the floor joists or the ceiling joists for one standing in the first floor looking up for the
main core of the building were walnut ten -inch centers. He said that in Iowa, one would never
use walnut like that, because all of the walnut was used in the first generation of Iowans. Larew
said that by the time one has the addition, which is seen poking out on the side, if one looks at
the same ceilings, it changes to fir and to cedar on twelve -inch centers. He said that by that
time, Iowans were importing those woods from Minnesota and Wisconsin, because we had
used up so much of the original timber here.
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 14 of 19
Larew stated that the original fireplaces, one of which has been removed and two of which
remain, the most beautiful one made of onyx, were used to heat the house until 1876, when a
steam -heating system of that vintage was installed, and a craftsman had written his initials and
the date. Regarding the onyx, he said that an expert in this matched the mantelpiece on the
fireplace, saying that one could find some of the same vintage in the 1850s and 1860s in
Dubuque and along the Mississippi. Larew said they were so heavy that they could be brought
up on steamboat, but it was very difficult to bring them by wagon or cart. He said that dated the
core to the 1860s and possibly 1850s.
Larew said that J. Otto Schultz, who bought the property at one point, was the owner of the
Iowa Street Car Company. He said the company was financed by purchasing the Rundell
Addition and making it into lots. Larew said Schultz promised the people who built homes there
that they would be the first to be serviced by the street cars.
Larew discussed more recent history of the building, including its stint as an apartment building.
He also said it had recently been used as a political shop, including events for Bill Bradley, and
said there were also speeches by Robert Reich, Elizabeth Edwards, and Chet Culver. Larew
said it was also a meeting place for Friends of Historic Preservation at one time.
Larew said he supports this kind of thing and hopes there are criteria that make it, in the long
run, livable and breathable and not just a fancy for those who are able to afford it. He said he
would like to see it made something that all of Iowa City of all economic stripes and capacity
may enjoy. Larew said that if he or a successive owner wanted to do something slightly
different that they would need a City staff that was creative or pro -motive and not one that was
constrained.
Larew said that if one stands in this house and looks out, there are no two sets of windows that
are the same. He said he would hope to not meet someone who, with good intent, insisted on
some specific kind of window. Larew said there are no two the same, because this house was
built over a time period with a lot of different tastes and probably very pragmatic needs. He said
he would hope, going forward, that historic preservation criteria would be as open to those kinds
of possibilities as not and would not be stuck on someone's view of history being stopped in
time.
Larew said that is the only downside that he has - if it is not too well administered and creatively
administered historic preservation criteria but that the historic preservation criteria are ones that
give a subtle and profound gratefulness for the past but allow these buildings to be something
other than mausoleums and to promote the next going forward. He said that he and his wife are
welcome to the criteria but do it as much as an act of faith that these kinds of criteria are ones
that promote continued and healthy and economically viable uses of historic structures rather
than imprisoning them in a kind of vision of the past.
Trimble said that traditionally, property values of homes that are designated as historic are
always higher than those in the surrounding area that are not. She stated that she did not know
about this neighborhood. Trimble said that she does know that in the event of an economic
downturn, these houses tend not to lose value while the houses around them do.
Trimble stated that recently there has been more success locally in getting a lot of things done
with regard to historic preservation. She said she is hoping City staff will look at property tax
abatement. Trimble said that while that will probably not reduce someone's taxes now, if
improvements were made to the property for which their taxes would usually be raised,
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 15 of 19
hopefully for historic properties that increase can be abated and delayed over a certain period of
time and raised more gradually.
Trimble said that is something for which they are lobbying the City. She said she hopes to see
results on that and said that a lot of other Counties do this.
Swaim closed the public hearing
Kuenzli said she admires the house and the landscape and thanked Larew for the wonderful job
they have done with it.
Karr said that he enjoyed hearing the additional history.
MOTION: Baker moved to approve the designation of 504 East Bloomington Street as an
Iowa City Historic Landmark based on the following criteria for local designation: criteria
a, b, and d. Boyd seconded the motion. The motion carried on a vote of 8-0 (Clore,
DeGraw, and Wagner absent).
Bristow told Larew that she would be glad to hear more details about the history of the house.
She said that if he wanted to lend her any of those photographs to scan, she would be glad to
have them. Swaim agreed that any additional information would be very valuable to the
Commission as it puts this together.
1029 North Dodge Street.
Bristow showed the location map for this property on a large lot at the corner of North Dodge
Street and Prairie du Chien Road. She said that the most interesting thing about this house is
the architecture. Bristow stated that this is a really unique gem in Iowa City architectural history.
Bristow said this house has a gambrel roof as well as some very Victorian details. She showed
a very long gable roof on the side of the house. Bristow said this is an example of a Victorian
moving into a colonial revival. She said that a lot of the colonial revivals started out as Dutch
colonials, which the gambrel roof is a part of.
Bristow showed the group of three windows in the front gable and said that it is a Palladian
window combination. She said there are some classical details in the columns. Bristow showed
the vining pattern that is seen in some gables around town. She said it is also a vining detail
that relates to the colonial revival. Bristow said that there are other elements to the porch, but
the long gable is also part of a colonial revival look, as is the interesting little dormer.
Bristow said that what one is really looking at with this structure is something that is a very
unique combination of a transition from a Victorian to a colonial revival. She said that it is very
well intact and has been preserved very well.
Bristow said it has a bit of an addition on the back that may have been some kind of an
enclosed porch or a kitchen addition. She showed an area that may also have been an addition
or may have been original.
Bristow said that staff would be promoting this as a local landmark because of criteria A and B
but also because of the fact that it is a good example of interesting architecture, criteria E, which
is not seen in some of the other properties.
From: Dan Cummins <cummins4dp@gmail.com>
Sent: Thursday, March 15, 2018 10:50 AM
To: PlanningZoningPublic
Subject: Designation of Historic Homes as Iowa City Landmarks
Dear Members of Planning and Zoning Commission,
I want to express my support for designating the properties noted below as Iowa City Historic
Landmarks. Each of these properties captures a piece of the unique history of Iowa City, both architecturally,
and through the stories that they tell. Visitors to Iowa City often comment that these type of properties are
what make our town unique and comparable to other bigger cities in the US and in Europe that value historic
structures. People that have relocated to our community often note that, unlike others towns, our leaders
have had the courage to preserve the past.
Please vote to designate these properties as Iowa City Landmarks.
• 1029 N. Dodge St
• 504 E. Bloomington St
• 213 E. Market St
• 319 E. Bloomington St.
• 412 N. Dubuque St
• 410-412 N. Clinton St
• 715 West Park Road
Thank you,
Dan Cummins
12 Bella Vista Place
2
Prepared by: Sylvia Sochner, Planning Intem, 410 E. Washington Street, Iowa City, IA 52240; 319-3565240
(REZ18-00009)
Ordinance No.
Ordinance rezoning property located at 213 East Market Street from
Central Business Support (CB -5) to CB -5 with a Historic Preservation
Overlay (CB -5 / OHP). (REZ18-00009)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 213 East Market 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 1870 by a prominent participant in the
brewery industry;
Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the
Northside Marketplace; and
Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls
for identification of resources significant to Iowa City's past with the objective of designating
individual buildings as landmarks; 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 has recommended approval;
and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Comprehensive Plan goals of
protecting the historic character of the Northside Marketplace and emphasizing the historic
significance of the 19th century brewery industry in this area;
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:
West 40 feet, Lot 3, Block 67, 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 day of , 20 .
Ordinance No.
Page 2
Mayor
Approved by:
IRAt ,
City Clerk City Ahorney's Office if lie
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/17/2018
Vote for passage: AYES: Botchway, Cole, Mims, Salih, Taylor,
Thomas, Throgmorton. NAYS: None. ABSENT: None.
that the
Second Consideration_ 05/01/2018
Vote for passage: AYES: Throgmorton, Botchway, Cole, Mims, Salih,
Taylor, Thomas. NAYS: None. ABSENT: None.
Date published
r FmTrrn
`.®ter CITY OF IOWA CITY gg
''',N, MEMORANDUM
Date: March 8, 2018
To: Planning and Zoning Commission
From: Jessica Bristow, Historic Preservation Planner and Sylvia Bochner, Planning Intern
Re: Designation of 213 East Market Street as a Historic Landmark (REZ18-00009)
Background: In 2015 the applicant, the Historic Preservation Commission, began a study of
Historic Properties that had been identified as possibly eligible for listing on the National
Register of Historic Places but were not yet protected by zoning designations. The house at 213
East Market Street was identified as one of these key historic properties. The enclosed Iowa
Site Inventory Form and Information Sheet provide a discussion of the building's history and
architecture. The house was built in 1870 by prominent brewer Anton Geiger near his brewery,
located at Linn and Market Street, which is listed on the National Register and protected by local
landmark zoning designation. The house was built in a similar Italianate style to the brewery. In
1945, Geiger's descendants sold the building to the Wesley Foundation, who still owns the
property today.
Historic Preservation Commission Review: The Historic Preservation Commission met
December 14, 2017 and conducted a public hearing at which they reviewed and evaluated the
historic significance of 213 East Market Street. The Commission determined that the property
meets the requirements for a landmark and voted unanimously to recommend approval of the
designation of 213 East Market Street as an Iowa City Historic Landmark. The building is
significant for its architecture and historic integrity and because of its connection to Iowa City
history and prominent citizens.
Landmark designation for 213 East Market Street, a property in a Central Business Support
(CB -5) zone, will require Historic Preservation Commission approval of any significant changes
to the exterior of the building. Landmark status will also make the property eligible for special
exceptions (Section 14-26-8 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.
Landmark designation will also make it possible for financial incentives such as tax credits and
the Iowa City Historic Preservation Fund to be available.
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
Council. The Commission's role is to review the proposed designation based on its relation to
the Comprehensive Plan and proposed public improvements and plans for renewal of the area
involved.
There are two specific areas of the Comprehensive Plan that appear to apply to this proposal:
1). the Central District Plan and 2). the Historic Preservation Plan.
The subject property is located within the Northside Marketplace, which is a part of the Central
District. One of the Central District Plan's goals is to "preserve and promote the unique aspects
of the Northside Marketplace" by "protect[ing] historic buildings as an integral part of the
Northside Marketplace" (Central District Plan, page 57). The plan specifically mentions 213 East
Market Street as a building within the Northside Marketplace that has historic and architectural
significance that contributes to the historic character of the area.
March 8, 2018
Page 2
The Historic Preservation element of the Comprehensive Plan contains 2 specific goals relating
to this proposal. Goal 1: Identify historic resources significant to Iowa City's Past. Under this
goal the Commission is charged with continuing to research and evaluate properties and to
pursue local landmark designation when appropriate. This proposal of landmark overlay zoning
for the property at 213 East Market Street is a direct result of the Historic Preservation
Commission working toward Goal 1.
Goal 10: Adopt strategies to preserve historic neighborhoods which reflect their organic
development, historical roles and traditions, modern needs, and economic health and stability.
This goal includes discussions of historic areas and neighborhoods in Iowa City, including
Historic and Conservation districts. Goal 10 includes an objective that is relevant to the property.
Objective 6: Incorporate historic preservation efforts in planning for the Northside Marketplace
retail district (intersecting block at Market, Linn, Gilbert and Bloomington streets). This objective
encourages emphasizing the significance of the brewery industry in the neighborhood's history.
Designating 213 East Market Street as a Historic Landmark would contribute to this objective.
The landmark designation sought by the Historic Preservation Commission conforms with the
goals of the Comprehensive Plan — protecting the historic character of the Northside
Marketplace and emphasizing the historic significance of the 19th century brewery industry in
this area.
In staff's opinion, preservation of 213 East Market Street would not be in conflict with plans for
redevelopment in the area. There are other existing historic properties that have been preserved
in this neighborhood including the Union Brewery and Union Bakery both on the Linn Street and
Market Street corner. In staff's opinion it also clearly meets the goal of preserving and promoting
the unique aspects of the Northside Marketplace of the Central District plan.
Staff Recommendation: Staff recommends approval of REZ18-00009, an application to
designate 213 East Market Street as an Iowa City Historic Landmark and rezone from Central
Business Support (CB -5) to CB -5 with a Historic Preservation Overlay (CB-5/OHP).
Attachments
1. Location Map
2. Information Sheet
3. Iowa Site Inventory Form
Approved by: `J G t".
Tracy Hightsh , Dire for
Department of Neighborhood and Development Services
CITY OF IOWA CITY
P np-,
MARKET
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An application submitted by the City of
Iowa City for rezoning of 3,400 square feet +1�.
of property located at 213 E. Market Street &
from Central Business Support (CB -5) zone
to CB -5 Historic Landmark (CB-5/OHD). r:o
Anton Geiger House
213 East Market Street
213 East Market Street is a two-story brick home constructed in 1870. This front -gabled
ell -shaped Italianate house features paired scrolled brackets with dentils in the frieze band.
Single punched two -over -two double -hung windows have segmental stone arched lintels and
stone sills. The first -floor windows extend to the floor. An oculus window with stone surround
is centered in the gable end. This detail is more rare than the other details. The entrance
is offset and aligned with the window rhythm. Sharing the same lintel detail, the entrance
includes paired doors with a transom above. Glazing in the doors, instead of in sidelights,
was common in the Italianate style. A bay window is located on the east side. The house
originally had a porch across the front and wrapping around the west corner to the side -gable
bay. The porch also existed as early as 1883 and was removed sometime after 1930. The
one-story addition on the southeast corner was added between 1912 and 1920.
The house was built by Anton Geiger in 1870 near his brewery on the corner of Linn and
Market streets. The brewery, known as Hotz and Geiger, or Union Brewery, is individually
listed on the National Register of Historic Places. The brewery, built first, has similar
Italianate brackets and frieze details and segmental arched windows. Hotz and Geiger was
one of three large breweries in Iowa City in the 1870s. Anton's wife was Clara (Hotz) Geiger,
daughter of Simeon Hotz and Barbara (Becker Williams) Hotz. Anton Geiger died in 1876.
His descendants sold 213 E. Market to the Wesley Foundation in 1945.
213 E. Market is significant for its architecture and its association with Iowa City's late
19th -century brewing industry and prominent local citizens.
F
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Iowa Site Inventory
Division of Historic Preservation
Iowa State Historical Department
_�s.r 26 E. Market St., Iowa City, Iowa 52240
Pte"
t
Identification
1.
2.
3.
4.
s,A -o/O -/6 7
Site Number 36-1942
District Nam&aLth Sid rnlnm trial
Map Reference i 14
S. UTM Location: zone eastin& northing ;Acreage _i errs
6. Owner(s)Name Weslt ?Foundation of Iowa
7. Owner(s)Address i[U normo 01.1buque
(strati (AP)
Use: Present campus ministry Original residence
Description 1870
9. Date of ConstruNlm ArchitecNBuilder "Unknown"
10. "Whnng Type:
[Isingle-hmily dwelling ❑ industrial [Iother institutional religious
❑ multi family dwelling E] educational ❑ public EJagricultural❑ commercial
11. Exterior Walls: ❑ clapboard ❑ stone ® brick ❑ board and batten ❑ shingles []stucco
❑ other
12. Structural System: ❑wood frame with interlocking joints ❑wood frame with light members (balloon frame)
iRmasonry load-bearing walls ❑ Iron frame ❑ steel frame with curtain walls ❑ reinforced concrete
GW
13.
14.
Condition: []excellent ❑ good &fair []deteriorated
Integrity: 59original site ❑ moved -4f so, when?
Notes on alterations, additions (with dates and architect, If known) and any other notable features of building and site:
15. Related Outbuildings and Property: ❑ barn ❑ other farm structures ❑ carriage house ❑ garage ❑ privy
❑ other.
16. Is the building endangered? ® no ❑ yes -4f so,
17. Surroundings of the building: ❑ open land ❑ woodland ❑ scattered outbuildings ❑ densely built-up tg commercial
❑ industrial ❑ residential ❑ other
18. map
No
19. Photo
Roll-2JY 5-- Sur I
Frame Yew
Significance (Indicate sources of Information for all statements)
20. Architectural dgnifirance
® a. Key structurelindividually may qualify for the National Register
❑b. Contributing structure
❑ c. Not eligiblefintrusion
Italianate, small round window in front gable peak, windows with segmental
stone arches, cornice with Italianate paired brackets and dental molding, front
entrance has rope turned wood trim around the door, stone foundation topped by
dressed stone water table (NSNPS)
See photo, continuation sheet for 130 North Dubuque for view of early front
porch. See continuation sheet.
21. Historical Significance Theme(s) Italianate
F. a. Key stmctureAndividually may qualify for the National Register
P4b. Contributing structure
❑ c. Not eligibledntrusion
�eo
Anton Geiger, born in Germany, built this house in 1870 (Weber says 1867) with
ten rooms and two baths, and decorated 13' ceilings. In 1880 an iron fence, porch
and front concrete step with the letters "GEIGER" were added. Geiger, with his father-
in-law S. Hotz, built the Union Brewery to the east (see 121-131 North Linn). Bertha
Geiger lived in the house as late as 1940, and the Wesley Methodist Student Foundation
received the property in 1945, and continues to use it todate.
io
22. Sources (for primary and secondary sources, give complete facts of publication: author, title, place of publication, date, etc.):
Weber, II, pp. 96-7.
Keyes,'pp. 74-5.
Prepared
Address.
ohsen
For Division of Historic Preservation Use Only
1. Office Information Sources on this Property
❑ Revlesv and Compliance Project:
❑ County Resource File
❑ Windshield Survey
❑ Other
❑ National Register
❑ Other
❑ Grants -In -Aid:
❑ Other
❑ Determination of Eligibility
3. Photo Images L1L ..
2. Subject Traces
a.
b.
C.
d.
e.
to
Iowa Site Inventory
Division of Historic Preservation
lows State Historical Department
26 E. Market St., Iowa City, Iowa 52240
Item Number(s)
THE AOZA-SAINT WENCESLAUS RECTORY AND THE
GEIGER -WESLEY FOUNDATION HOUSE
- A'A 7
Site Number 36-1942
Two brick houses of the Anglo -Italian style which have gable ends
facing the street are the rectory of the Saint Wenceslaus Catholic
Church (Illustration 52) and the headquarters for the Wesley Foun-
dation of the First Methodist Church (Illustration 53). A newspaper
article indicates that the rectory was built as a private dwelling in
1882 by Joseph Koze. It was purchased by the parish in 1893. The
Wesley Foundation building was erected in 1870 by Anton Geiger,
according to county records.
The rectory is the more elaborate of the two buildings and includes
more characteristics that are Italian in character. Its projecting win-
dow caps with incised designs contrast to the plain segmental -arched
headings at Wesley house.
The rectory entrance features a hooded overdoor supported on either
side by a very large decorative bracket and has a low lacy iron railing
cresting the roof. The heading over the transom is similar to those
above the windows. The door itself is not centered in the opening
but is placed to the left with a single vertical light above a plain wood
panel filling the space at the right. The entrance at Wesley House
is recessed but otherwise is treated identically to the windows.
F.ach house has a small window in the gable area. That on the rectory
is a combination of a trefoil and a triangle, and that on Wesley House
is round with a plain heading encircling it.
The cornice of Wesley House is somewhat more elaborate than that
on the rectory. The former uses scrolled coupled brackets with den-
tils as its frieze while the latter has coupled triangular-shaped brack-
ets which have no openings placed against a frieze of vertical panel-
ing. The rectory has cornice retums whereas Wesley House does not.
Roth houses have additions to the main block of the house. Those on
the rechury are two-story rectangular bays on either side while Wesley
House has a one-story scmipolygonal bay on the left side and a two-
Aory rectangular bay on the right. Both houses also have shallow
ashlar foundations with a broad projecting water table of dressed
stone.
V
Y�
Continuation Sheet
lffusfrarion SJ
The Geiger -Wesley Foundation House
Ela East Market Street
Keyes, pp. 74-75.
1a
IOWA SITE INVENTORY FORM
EVALUATION SHEET
ADDRESS: 213 East Market
Iowa City, IA
REVIEWED BY: Molly Myers Naumann, Consultant
ARCHITECTURAL SIGNIFICANCE & ASSOCIATED CONTEXTS:
Dubuque/Linn Street Corridor: 1839—c.1946
SURVEY ID #f 52-010-13179
APPLICABLE NRHP CRITERIA: AB _ C _X_ D _
NRHP ELIGIBILITY: INDIVIDUAL_ YES _X_ UT
NO _
DISTRICT: CONTRIBUTING X NON—CONTRIBING
DATE: February 1996
The Geiger house is a two story brick rectangle with a gable roof. It exhibits characteristics of the
Italianate style with paired scroll brackets at the eaves, an oculus window in the gable, and a single
story bay window on the east (side) elevation. The entrance is located on the gable end and is off—
set to the right. First floor windows extend to floor level and a transom is found above the door.
Fenestration throughout is segmental arched. Although an addition has been made to the rear it is
not considered to be intrusive. This house is a good example of simplified Italianate design from
1870. It may be individually eligible and is certainly a key structure in a historic district which
includes Linn Street.
HISTORICAL SIGNIFICANCE & ASSOCIATED CONTEXTS:
Dubuque/Linn Street Corridor: 1839—c.1946
APPLICABLE NRHP CRITERIA: A _X B _ C _ D _
NRHP ELIGIBILITY: INDIVIDUAL YES _X_ NO _
DISTRICT: CONTRIBUTING X NON—CONTRIBUTING
This house is historically significant as the residence of Anton Geiger, a partner with Simeon Hotz in
the Union Brewery (NRHP) which was located immediately east of the house. It is representative
of businessmen who chose to live near their place of work. The Union Brewery was one of three
whch were located in the North Side business district in the 19th century. This North Side business
district was basically located along Market Street, with businesses running north and south on Linn
and Gilbert as well. This area is part of the current survey, but should be associated with the area
farther east. The Geiger House might have been Included in the Union Brewery NR nomination.
Since it was not, it can be considered to be individually eligible, and is a key structure in a historic
district which would include Linn Street.
PREPARED BY: Molly Myers Naumann, Consultant
ADDRESS: 167 W. Alta Vista, Ottumwa, IA 52501
AFFILIATION: Iowa City Historic Preservation Commission
ADDRESS: 401 E. Washington, Iowa City, IA 52240
PHONE: (515) 682-2743
DATE: February 1966
PHONE: (319) 356-5243
Planning and Zoning Commission
March 15, 2018
Page 12 of 24
property taxes. Larew's concern for the future is the next owner won't likely want it as a law
office with two apartments above, so his question is will they be allowed to reconfigure.
Because otherwise this property will suffer if the historic preservation blocks other future uses.
Miklo stated that the historic preservation regulations do not regulate the interior of the structure,
they do regulate exterior if a building permit is required. It also doesn't prevent the building from
being added on to, in fact there are specific guidelines in the regulations on how to add onto a
historic building. In a commercial situation like this it does provide some zoning relief from
some of the zoning requirements. The overall goal is to protect the character of the building and
any additions must be sympatric in design and don't detract from the overall setting. Hektoen
added that it will not change the allowable uses of the property.
Swain reiterated that historic preservation is all about using and maintaining historic buildings
not rendering them unusable. They work very hard as new property owners buy historic houses
and want to make adaptations for modern day living.
Freerks closed the public hearing.
Theobald moved to recommend approval of REZ18-00012, an application to designate
504 East Bloomington Street as an Iowa City Historic Landmark and rezone from
Commercial Office (CO -1) to CO -1 with a Historic Preservation Overlay (C0-1/0HP).
Parsons seconded the motion.
Freerks noted there are two specific Comprehensive Plan goals related to this proposal (Goal 1
and Goal 10) and she believes this clearly meets those goals.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ18-00009):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 213 E Market Street as an Iowa City Historic Landmark.
Miklo stated that this property is located in Central Planning District — North Market Place. It is
zoned Central Business Support Zone. It was built in1870 for Anton Greiger who operated the
brewery next door and is currently owned by the Wesley Foundation. When City drafted the
Central District Plan they conducted community workshops that lead to the policies of the plan
that are specific to this property as well as the 319 Bloomington Street, the next property on this
list. Residents and business owners who participate in those workshops spoke of the historic
character of the Northside Market Place is one of its greatest assets and wanted it to be
preserved. A goal the Comprehensive Plan for this area preserve the lower scale and density of
this area when compared to Downtown. The Plan calls for limiting height to two to three stories
and preservation of several historic buildings in the area. Many of those building have already
been designated as landmarks, Miklo showed them on a map. The area also includes the
Jefferson Street Historic District. Designation of this property would further the goals of the
Central District Plan to preserve the unique character and scale of the Northside Market Place
as well as the as the goals of identifying and protecting historic properties.
Planning and Zoning Commission
March 15, 2018
Page 13 of 24
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) noted that this house with its
history and architecture showcases the unique character of the Northside Market Place and this
house, 213 East Market Street, is specifically mentioned in the Central District Plan as an
integral part of the area. It is one of two Italianate houses being discussed this evening that tell
the story of this city's late 19 -century brewery industry and its brew masters. Anton Geiger built
this Italianate house in 1870 after he built the Union Brewery, also known as the Holz and
Geiger Brewery, as Anton Geiger married Holz's daughter. Geiger used similar architecture
details on his house as he used on the brewery. Paired scrolled brackets with dentils in the
frieze band under the roof overhang are some of those features. This house has been owned
and cared for by Ann Hughes and the Wesley Foundation since 1945.
Freerks closed the public hearing.
Signs moved to recommend approval of REZ18-00009, an application to designate 213
East Market Street as an Iowa City Historic Landmark and rezone from Central Business
Support (CB -5) to CB -5 with a Historic Preservation Overlay (CB-510HP).
Parsons seconded the motion.
Freerks noted there are two specific Comprehensive Plan goals related to this proposal (Goal 1
and Goal 10) and she believes this clearly meets those goals. She added that adding this home
(and the next one on the agenda) to the Iowa City Historic Landmark really contributes to the
planning goals for this whole area.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ18-00008):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 319 E Bloomington Street as an Iowa City Historic
Landmark.
Miklo noted this property is also located in Central Planning District — North Market Place. It is
zoned Central Business Service Zone. It is currently use as an office building, in addition to the
historic building in the front, there is a modern addition in the back. It was built in the 1870s for
Conrad and Ann Graff, who operated the brewery where the Blue Bird Diner is currently located.
Like the previous property this property was specifically identified by the residents and business
owners who participated in the Northside Market Planning Workshops as a key property to add
to the projected properties in the Central Planning District. It possesses the scale and historic
character that the community desires to preserve in this mixed use neighborhood. It
preservation would be in compliance with the goals of the Comprehensive Plan, those of the
Central District Plan as well as the Preservation Plan so staff is recommending approval.
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) noted that this home is also
related to the brewery history and Conrad Graf was a Bavaria immigrant that worked at the
brewery and he married Anna Holz, the other daughter of Simeon Holz. They built this house in
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 7 of 19
Kuenzli said she thinks it is also important to save this example of a brick cottage since we have
lost several recently.
MOTION: Builta moved to approve the designation of 412 North Dubuque Street as an
Iowa City Historic Landmark based on the following criteria for local designation: criteria
a, b, and d. Michaud seconded the motion. The motion carried on a vote of 8-0 (Clore.
DeGraw, and Wagner absent).
213 East Market Street
Bristow said that this property and the next one are really seen as an important part of a group
of properties. She said that 213 East Market Street is the Anton Geiger House, which was built
in 1870. Bristow noted that these properties are being presented chronologically, in the order in
which they were built.
Bristow said that this house is also an Italianate. She said that with the first property she had
discussed the fact that the brackets usually are associated with a large cornice. Bristow said
this property does have that large cornice that was not apparent in the first property.
Bristow stated that this is a gable front house, with a crossing gable on the side and a bay on
the other side. She said that it is also currently connected to the Wesley Foundation in the
back. Bristow said it has had a one-story addition on the back.
Bristow showed one historic photograph of the property. She showed where there was once a
wraparound porch, which staff feels was removed sometime prior to 1930. Bristow presented
the side view, showing the projecting bay, a bit of a very early addition, and a one-story addition
and where it connects to the Wesley Foundation.
Bristow showed the property on a map and showed where it is in the same vicinity as the Union
Brewery, which was originally the Hotz-Geiger Brewery, known for Anton Geiger. She stated
that Geiger built the house near his brewery after it was constructed. Bristow said the brewery
also has the Italianate details.
Bristow pointed out, in the same vicinity, the Union Bakery; the much later Economy Advertising
Building; St. Mary's and its rectory; several older homes in the general area; and the next
property to be discussed later. She said this is now called the North Side Marketplace, but it
was really a brewery -oriented area of town. Bristow said the house is not only significant
because of its age and association with Anton Geiger but also the fact that it is still in the area
with other landmark properties that were in existence at the same time.
Bristow said this property is an example of a very intact Italianate house. She said it has
segmented arch lintels over the windows. Bristow said the asymmetrical facade is very typical,
with the door on one side and the two windows that go all the way to the sill on the house. She
said the criteria that it meets includes both A and B, as well as C; because it is associated with
the Geigers and the brewery; and D, also because it is associated with the Geigers, meaning
significant people from our past.
Swaim opened the public hearing.
Blaedel said she is the Director of Spiritual Formation at the Wesley Center. She thanked the
Commission for its work. Blaedel said that she both personally and organizationally does not
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 8 of 19
have any kind of ethics or values in contradiction to this designation, but the organization is
concerned about some of the economic pieces of upkeep. She said it would therefore be
helpful to have more information.
Blaedel said that Bristow had discussed some of the incentives. She said that her organization
is a small non-profit, and taking care of that building and any of the buildings it has is constantly
a challenge for her staff. Blaedel said they see whatever moves that are made more in a kind of
partnership, but they are finding themselves in need of some information and some information
about incentives to do justice to the history and the legacy that they see themselves as a part of
in this community.
Bristow stated that the tax credits would work for a non-profit, it would just get a return,
basically. She said the tax credits would help with ongoing upkeep, but they tend to be for a
project that meets a certain dollar amount threshold, so it may be best sometimes to pool that
work together.
Bristow said the City is also very interested in making sure that preservation is achievable. She
said that a fund was started this past summer, although she is not certain how it will work for a
non-profit. Bristow said there is a matching grant for property owners who are under a certain
income threshold in an owner -occupied residential situation. She said there is a matching no -
interest loan for income properties or properties for which the owner is above a certain income
level. Bristow said that she is not certain where this non-profit would fit with that, but something
does exist along those lines.
Bristow stated that with landmark designation, there is no qualification such as telling someone
he needs to tuck point a brick area and it has to be done now; that doesn't happen. She said
however, that expertise is provided, such as knowing contractors who are qualified and
experienced, providing some of that information, helping ensure things are done properly, and
helping with grant information.
Bristow said that staff looks for grants frequently. She said staff is notified by the State and the
National Park Service all the time about grants. Bristow said that if staff knows a property
owner wants to do some work, staff lets the owner know that a grant is available. She said that
the City is very helpful in applying for those, along with the property owner, if at all possible.
Trimble said she represents Friends of Historic Preservation. She added that, as a non-profit,
Blaedel's organization would also become eligible for Historic Resource Development grants for
the house, once it is landmarked. Trimble said that Friends of Historic Preservation is here for
non -profits. She said that Friends owns the Salvage Barn and can get materials, for the most
part, below what the retail price would be. Trimble said that Friends is here to help with that
type of thing.
Swaim closed the public hearing.
MOTION: Boyd moved to approve the designation of 213 East Market Street as an Iowa
City Historic Landmark based on the following criteria for local designation: criteria a, b,
c, and d. Agran seconded the motion. The motion carried on a vote of 8-0 (Clore,
DeGraw, and Wagner absent).
From: Dan Cummins <cummins4dp@gmail.com>
Sent: Thursday, March 15, 2018 10:50 AM
To: PlanningZoning Public
Subject: Designation of Historic Homes as Iowa City Landmarks
Dear Members of Planning and Zoning Commission,
I want to express my support for designating the properties noted below as Iowa City Historic
Landmarks. Each of these properties captures a piece of the unique history of Iowa City, both architecturally,
and through the stories that they tell. Visitors to Iowa City often comment that these type of properties are
what make our town unique and comparable to other bigger cities in the US and in Europe that value historic
structures. People that have relocated to our community often note that, unlike others towns, our leaders
have had the courage to preserve the past.
Please vote to designate these properties as Iowa City Landmarks.
• 1029 N. Dodge St
• 504 E. Bloomington St
• 213 E. Market St
• 319 E. Bloomington St.
• 412 N. Dubuque St
• 410-412 N. Clinton St
• 715 West Park Road
Thank you,
Dan Cummins
12 Bella Vista Place
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ16-00006)
Ordinance No.
Ordinance rezoning property located at 412 North Dubuque Street
from High Density Multi -Family Residential (RM -44) to RM -44 with a
Historic Preservation Overlay (RM -44 / OHP). (REZ18-00006)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 412 North Dubuque Street from High Density Multi -Family Residential (RM -44)
to High Density Multi -Family Residential with a Historic Preservation Overlay (RM -44 / OHP); and
Whereas, this structure was originally constructed between 1865 and 1875 and was home to
prominent Iowa City residents Sylvanus Johnson and David Boarts; and
Whereas, the Comprehensive Plan encourages the preservation of historic buildings in the
neighborhoods surrounding the University of Iowa campus; and
Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls
for identification of resources significant to Iowa City's past with the objective of designating
individual buildings as landmarks; 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 has recommended approval;
and
Whereas, the Planning and Zoning Commission has reviewed the proposed Historic
Landmark designation rezoning, has found that it meets the Comprehensive Plan goals of
providing incentives to maintain and improve older housing stock, especially near the University
Campus and identifying historic resources that are not currently protected by landmark
designation;
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 High Density Multi -Family (RM -44) zone to High Density Multi -
Family with a Historic Preservation Overlay (RM -44 / OHP) zone:
North 50 feet of Lot 5, Block 70, 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 day of , 20
Ordinance No.
Page 2
Mayor
Approved by:
L ��T�(vWa.J U LOQ- y�TV�W
City Clerk City Attorney's Office hl�i /fig
Ordinance No.
Page
It was moved by and seconded by _
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
First Consideration 04/17/2018
Voteforpassage: AYES:
Cole. NAYS: None.
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
that the
Cole, Mims, Salih, Taylor, Thomas, Throgmorton,
ABSENT: None.
Second Consideration 05/01/2018
Voteforpassage: AYES: Botchway, Cole, Mims, Salih, Taylor.
Thomas, Throgmorton. NAYS: None. ABSENT: None.
Date published
r 05-o",
I.®moi CITY OF IOWA CITY sh
ztza� MEMORANDUM
Date: March 8, 2018
To: Planning and Zoning Commission
From: Jessica Bristow, Historic Preservation Planner and Sylvia Bochner, Planning Intern
Re: Designation of 412 North Dubuque Street as a Historic Landmark (REZ18-00006)
Background: In 2015 the applicant, the Historic Preservation Commission, began a study of
Historic Properties that had been identified as possibly eligible for listing on the National
Register of Historic Places but were not yet protected by zoning designations. The house at 412
North Dubuque Street was identified as one of these key historic properties. The enclosed Iowa
Site Inventory Form and Information Sheet provide a discussion of the building's history and
architecture. 412 North Dubuque Street is a single -story brick gable roof cottage, built between
1865 and 1875. The original owner of the lot was Sylvanus Johnson. It was later home to David
Boarts, a prominent Iowa City builder responsible for several Iowa City university and public
buildings, including the Old Science Building (now known as Calvin Hall).
Historic Preservation Commission Review: The Historic Preservation Commission met
December 14, 2017 and conducted a public hearing at which they reviewed and evaluated the
historic significance of 412 North Dubuque Street. The Commission determined that the
property meets the requirements for a landmark and voted unanimously to recommend approval
of the designation of 412 North Dubuque Street as an Iowa City Historic Landmark. The building
is significant both because of its association with several prominent figures in Iowa City's history
and its historic integrity.
Landmark designation for 412 North Dubuque Street, a property in a High Density Multifamily
Residential (RM -44) zone, will require Historic Preservation Commission approval of any
significant changes to the exterior of the building. Landmark status will also make the property
eligible for 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. Landmark designation will also make it possible for financial incentives such
as tax credits and the Iowa City Historic Preservation Fund to be available.
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
Council. The Commission's role is to review the proposed designation based on its relation to
the Comprehensive Plan and proposed public improvements and plans for renewal of the area
involved.
There are two specific areas of the Comprehensive Plan that appear to apply to this proposal:
1). the Central District Plan and 2). the Historic Preservation Plan.
The subject property is located within Subarea A of the Central District. The Central District Plan
discusses challenges this area faces in terms of balancing the needs of different housing types
and residents, including many student rentals. The plan encourages the provision of incentives
to maintain, improve, and reinvest in older housing stock in the area, which can include
incentives tied to historic preservation (Central District Plan pg 14). The designation of 412
North Dubuque Street as a historic landmark would contribute to this goal, along with the
broader Comprehensive Plan goal of preserving historic resources and reinvesting in older
neighborhood (Central District Plan pg 2). Neighborhoods that are closest to the University
March 8, 2018
Page 2
benefit from a mixture of housing types including historic resources where a diversity of people
can live and work or go to school in the vicinity.
The Historic Preservation element of the Comprehensive Plan contains 3 specific goals relating
to this proposal. Goal 1: Identify historic resources significant to Iowa City's Past. Under this
goal the Commission is charged with continuing to research and evaluate properties and to
pursue local landmark designation when appropriate. This proposal of landmark overlay zoning
for the property at 412 North Dubuque Street is a direct result of the Historic Preservation
Commission working toward Goal 1.
Goal 7: Establish and implement historic preservation objectives for the University of Iowa
Campus and surrounding neighborhoods. Objective 7 of this Goal specifically supports efforts to
preserve historic neighborhoods adjacent to the University Campus as the Campus expands,
including avoiding negative impacts on individual historic resources. Local Landmark
designation for 412 North Dubuque Street promotes this objective.
Goal 10: Adopt strategies to preserve historic neighborhoods which reflect their organic
development, historical roles and traditions, modern needs, and economic health and stability.
In the Dubuque Street Corridor neighborhood, Objective 2 provides more specific direction.
Objective 2: Identify prospective sites for future redevelopment which will not adversely impact
historic resources and include properties that are not individually eligible for listing on the
National Register of Historic Places. Local Landmark designation for 412 North Dubuque Street
promotes this objective by identifying this historic property as an area that is not appropriate for
redevelopment.
The landmark designation sought by the Historic Preservation Commission conforms with the
goals of the Comprehensive Plan — providing incentives to maintain and improve older housing
stock, especially near the University Campus and identifying historic resources that are not
currently protected by landmark designation.
In staffs opinion, preservation of 412 North Dubuque Street would not be in conflict with plans
for redevelopment in the area but would actively promote a diversity of housing stock and the
preservation of historic resources.
Staff Recommendation: Staff recommends approval of REZ18-00006, an application to
designate 412 North Dubuque Street as an Iowa City Historic Landmark and rezone from High
Density Multi -Family Residential (RM -44) to RM -44 with a Historic Preservation Overlay (RM-
44/OHP).
Attachments:
1. Location Map
2. Information Sheet
3. Iowa Site Inventory Form
Approved by:
Tracy Hights , Dire or
Department of Neighborhood and Development Services
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David Boarts House
(aka Sylvanus Johnson House)
412 North Dubuque Street
412 N. Dubuque Street is a one-story brick Hall -and -Parlor type folk house and was
constructed between 1866 and 1868. Architectural historian Molly Myers Naumann
evaluated the site in 1996 and felt that the house was typical of others built in Iowa City in
the 1860s to 1880s. The symmetrical fagade features single, segmental -arched windows
with stone sills. The south fagade includes a three -window projecting bay. The current
windows are 6 -over -6 double hung. The current door has a transom above. The house sits
on a brick foundation. The north -projecting rear gable addition was added prior to 1892.
To the south the rear addition was an open porch. The addition was extended to the east
before 1912. The current rear elevation includes additions added after 1920.
Historically, the house has been associated with the original owner of the lot, Sylvanus
Johnson, purportedly the first brick maker in town. David Boarts, a brick mason and
eventually a prominent Iowa City builder, bought the property in 1866 and was a resident
as of 1868, according to the city directory. Boarts built several Iowa Clty university and
public buildings, including the Old Science Building (now Calvin Hall). David's wife, Mary,
was the daughter of George Kimball, who owned 1310 Cedar Street, another early Iowa
City house. By 1882 David and Mary Boarts were the owners of 1310 Cedar Street; they
sold 412 Dubuque Street in 1889. The next owners, Flora and Hiram Heath, expanded the
original building almost to the current size prior to 1911.
412 North Dubuque Street is significant because of its architectural character and
style, which is representative of early brick cottages in Iowa City, and its association with
prominent local citizens.
t { a
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IOWA SITE INVENTORY FORM
EVALUATION SHEET
ADDRESS: 412 North Dubuque SURVEY ID # 52-010-DO68
Iowa City, IA
REVIEWED BY. Molly Myers Naumann, Consultant DATE: February 1996
ARCHITECTURAL SIGNIFICANCE & ASSOCIATED CONTEXTS:
Dubuque/Linn Street Corridor: 1839-c.1946
APPLICABLE NRHP CRITERIA: A _ B _ C _X_ D _
NRHP ELIGIBILITY: INDIVIDUAL YES _X_ NO _
CONSERVATION DISTRICT: CONTRIBUTING _X_ NON-CONTRIBUTING
This single story brick gable roof cottage appears to have been built between 1865 and 1875. It is
a very simple vernacular structure with segmental arched openings. The facade is not truly
symmetrical although the entrance is located between the two windows. This door features a
transom but no sidelights. The polygonal bay window on the south (side) elevation also has
segmental arched windows and appears to have been original. Additions have been made to the rear.
This house is typical of many built in Iowa City during the 1860s -80s. These cottages featured
segmental openings rather than the stone lintels of the earlier cottages, and the windows after
c.1860 were somewhat taller and narrower. This house is a very good example of the brick cottage
type and may be individually eligible with additional documentation. It is definitely a good
contributing structure in the North Dubuque Conservation District.
HISTORICAL SIGNIFICANCE & ASSOCIATED CONTEXTS:
Dubuque/Linn Street Corridor: 1839-c.1946
APPLICABLE NRHP CRITERIA: A X B_ CD_
NRHP ELIGIBILITY: INDIVIDUAL YES _X_ N
NO_
_
CONSERVATION DISTRICT: CONTRIBUTING _X_ ON -CONTRIBUTING
Traditionally this has been known as the "Sylvanus Johnson House." This attribution was based on
the fact that Johnson was the original owner of the lot, and he was the first brick -maker in Iowa
City (until 1856 he was the only brick -maker in Iowa City). However, this house does not fit the
profile of the brick and stone cottages built in Iowa City prior to the Civil War, and was probably
built after 1865. Even if it was not constructed by Sylvanus Johnson, this house is still significant
as an early brick cottage and represents the development that occurred following the arrival of the
railroad in 1856. It may be individually eligible (more historical documentation is needed) and is a
strong contributing structure in the district.
PREPARED BY: Molly Myers Naumann, Consultant PHONE: (515) 682-2743
ADDRESS: 167 W. Alta Vista, Ottumwa, IA 52501 DATE: February 1986
AFFILIATION: Iowa City Historic Preservation Commission
ADDRESS: 401 E. Washington, Iowa City, IA 52240 PHONE: (319) 356-5243
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Keyes, p. 23
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Planning and Zoning Commission
March 15, 2018
Page 17 of 24
the homeowner's views, she is in favor of the designation.
Signs understands as well the parameters of what the Planning & Zoning Commission is
charged to do and therefore will reluctantly vote to approve this.
A vote was taken and the motion carried 5-0
--,,> REZONING ITEM (REZ18-00006):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 412 N Dubuque Street as an Iowa City Historic Landmark.
Miklo sated this property is also located in the Central Planning District. It is zoned High Density
Multi Family and currently contains one dwelling. It was built shortly after the Civil War. The
Central District Plan encourages the investment in older housing stock and the maintenance of
a variety of housing. Designation of 412 N Dubuque Street would help achieve these goals as
well as the goal to identify and protect historic properties. Therefore staff finds this in
compliance with the Comprehensive Plan and recommends approval.
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) noted this is a more modest
one-story brick cottage built in the 1860s which is associated with early brick makers and
masons. The house is associated with Sylvanus Johnson, purportedly the first brick maker in
town, David Boarts, a brick mason and eventually a prominent Iowa City builder. In
preservation the small simple house can be as significant as a large elaborate house and this
home represents the early brick cottages in Iowa City and there are very few remaining
examples so that is why this should be landmarked.
Freerks closed the public hearing
Parson moved to recommend approval of REZ18-00006 an application to designate the
property located at 412 N Dubuque Street as an Iowa City Historic Landmark and rezone
from High Density Multi -Family Residential (RM -44) to RM -44 with a Historic Preservation
Overlay (RM -44/01-113).
Theobald seconded the motion.
Freerks noted there are three specific Comprehensive Plan goals related to this proposal (Goal
1, Goal 7 and Goal 10) and she believes this clearly meets those goals.
Martin asked if this property becomes a historic landmark would the owners have to change the
front door. Miklo said they would not have to change it but if they decided to do so the City
would provide direction for a door more suitable.
A vote was taken and the motion carried 5-0
REZONING ITEM (REZ18-00007):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 6 of 19
Builta said it doesn't matter who agrees or disagrees, it is up to the Commission to determine if
these properties meet the requirements. Boyd said he views this as one step in a multi -step
process. He said that this is on the Commission's agenda, and the Commission is asked to do
this. Boyd said that the Planning and Zoning Commission will talk about its issues, and
ultimately the City Council will have to consider all of the things when it makes its decision. He
said that the Commission's job is to weigh this particular decision, and he believes he certainly
has enough information to make that decision.
MOTION: Agran moved to approve the designation of 410/412 North Clinton Street as an
Iowa City Historic Landmark based on the following criteria for local designation: criteria
a, b, d, and e. Boyd seconded the motion. The motion carried on a vote of 8-0 (Clore,
DeGraw. and Wagner absent).
412 North Dubuque Street.
Bristow said this property is historically known as the Sylvanus Johnson House. She said that
Sylvanus Johnson was a famous brick maker and the first brick maker in the City. Bristow said
that Johnson owned the property originally.
Bristow stated that through research, staff believes the house was actually built by the next
owner, David Boarts. She said that Boarts' wife, Mary Kimball, was the daughter of George
Kimball, who was also a prominent Iowa City resident. Bristow said that David and Mary Boarts
owned this house from the time it was built in about 1866 until about 1889. She added that as a
brick mason, David Boarts not only built this house but also built Calvin Hall.
Bristow said that this house is an example of a hall and parlor -type house. She said that it is
also one of the few small brick cottages left in town.
Bristow said that on the south side, the house has a projecting bay of brick. She said that all of
the windows have a lintel of standing brick. Bristow said there is also on the back a small, one-
story addition. She said that in the kind of L created by the additions, there was an open porch
at one time that has been enclosed since then.
Bristow said that most of the additions have been in place since about 1911, except for the
enclosed, kind of clapboard structure that one can see on the back. She said that might have
been put in between 1920 and 1933; it is an extension of the porch enclosure.
Bristow said this is a very well-maintained and intact version of the small hall and parlor type of
house. She said that is why staff feels this not only meets criteria A and B but also D, for being
associated with Sylvanus Johnson, who owned the property, and then David Boarts, who was
the brick mason who built it and Calvin Hall.
Swaim opened the public hearing.
Swaim closed the public hearing.
Swaim said this house has always caught her attention on Dubuque Street. She stated that the
other brick houses are rather grand compared to this one, but the little is just important as the
big. Swaim said it has its own kind of story to tell. She said the fact that Boarts was a brick
mason contributes to the story of all of the other brick houses as well.
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 7 of 19
Kuenzli said she thinks it is also important to save this example of a brick cottage since we have
lost several recently.
MOTION: Builta moved to approve the designation of 412 North Dubuque Street as an
Iowa City Historic Landmark based on the following criteria for local designation: criteria
a, b, and d. Michaud seconded the motion. The motion carried on a vote of 8-0 (Clore.
DeGraw, and Wanner absent).
213 East Market Street
Bristow said that this property and the next one are really seen as an important part of a group
of properties. She said that 213 East Market Street is the Anton Geiger House, which was built
in 1870. Bristow noted that these properties are being presented chronologically, in the order in
which they were built.
Bristow said that this house is also an Italianate. She said that with the first property she had
discussed the fact that the brackets usually are associated with a large cornice. Bristow said
this property does have that large cornice that was not apparent in the first property.
Bristow stated that this is a gable front house, with a crossing gable on the side and a bay on
the other side. She said that it is also currently connected to the Wesley Foundation in the
back. Bristow said it has had a one-story addition on the back.
Bristow showed one historic photograph of the property. She showed where there was once a
wraparound porch, which staff feels was removed some time prior to 1930. Bristow presented
the side view, showing the projecting bay, a bit of a very early addition, and a one-story addition
and where it connects to the Wesley Foundation.
Bristow showed the property on a map and showed where it is in the same vicinity as the Union
Brewery, which was originally the Hotz-Geiger Brewery, known for Anton Geiger. She stated
that Geiger built the house near his brewery after it was constructed. Bristow said the brewery
also has the Italianate details.
Bristow pointed out, in the same vicinity, the Union Bakery; the much later Economy Advertising
Building; St. Mary's and its rectory; several older homes in the general area; and the next
property to be discussed later. She said this is now called the North Side Marketplace, but it
was really a brewery -oriented area of town. Bristow said the house is not only significant
because of its age and association with Anton Geiger but also the fact that it is still in the area
with other landmark properties that were in existence at the same time.
Bristow said this property is an example of a very intact Italianate house. She said it has
segmented arch lintels over the windows. Bristow said the asymmetrical facade is very typical,
with the door on one side and the two windows that go all the way to the sill on the house. She
said the criteria that it meets includes both A and B, as well as C; because it is associated with
the Geigers and the brewery; and D, also because it is associated with the Geigers, meaning
significant people from our past.
Swaim opened the public hearing.
Blaedel said she is the Director of Spiritual Formation at the Wesley Center. She thanked the
Commission for its work. Blaedel said that she both personally and organizationally does not
From: Dan Cummins <cummins4dp@gmail.com>
Sent: Thursday, March 15, 2018 10:50 AM
To: PlanningZoning Public
Subject: Designation of Historic Homes as Iowa City Landmarks
Dear Members of Planning and Zoning Commission,
I want to express my support for designating the properties noted below as Iowa City Historic
Landmarks. Each of these properties captures a piece of the unique history of Iowa City, both architecturally,
and through the stories that they tell. Visitors to Iowa City often comment that these type of properties are
what make our town unique and comparable to other bigger cities in the US and in Europe that value historic
structures. People that have relocated to our community often note that, unlike others towns, our leaders
have had the courage to preserve the past.
Please vote to designate these properties as Iowa City Landmarks.
• 1029 N. Dodge St
• 504 E. Bloomington St
• 213 E. Market St
• 319 E. Bloomington St.
• 412 N. Dubuque St
• 410-412 N. Clinton St
• 715 West Park Road
Thank you,
Dan Cummins
12 Bella Vista Place
15
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
Ordinance No. 18-4746
An ordinance providing that general property taxes levied and
collected each year on all property located within the 2017 Amended
Riverside Drive Urban Renewal Area, in the City of Iowa City, County
of Johnson, State of Iowa, by and for the benefit of the State of Iowa,
City of Iowa City, County of Johnson, Iowa City Community School
District and other taxing districts, be paid to a special fund for
payment of principal and interest on loans, rebates, grants, monies
advanced to and indebtedness, including bonds issued or to be
issued, incurred by said city in connection with the Riverside Drive
Urban Renewal Plan.
Whereas, on March 20, 2012, the City Council of the City of Iowa City, Iowa,
approved Ordinance 12-4471, an ordinance regarding the division of revenue for tax
increment financing for the Riverside Drive Urban Renewal Area; and
Whereas the City Council of the City of Iowa City, Iowa, after public notice and
hearing as prescribed by law and pursuant to Resolution No. 17-218 passed and
approved on the 20th day of June, 2017, Amendment No. 3to Riverside Drive Urban
Renewal Plan (the "Urban Renewal Plan") to add projects and add land to the Riverside
Drive Urban Renewal Area ("2017 Amended Area"), which 2017 Amended Area is
described as follows:
The Urban Renewal Area boundary shall extend to and run along the
northerly right-of-way line of Myrtle Avenue, where applicable, and that
area locally known as the "Orchard District", further described as
beginning at the point where the southern right-of-way of West Benton
Street meets the western boundary of the original urban renewal area;
Thence north to the southern boundary of the Iowa Interstate Railway
property; Thence west along the southern Railway boundary to the
northwest corner of Lot 6 in the Orchard Court Subdivision; Thence south
along property lines 264' to the southern right-of-way of the extension of
Orchard Court; Thence east 39' along the southern right-of-way of the
extension of Orchard Court to the northwest corner of Lot 10, Block 4 in
the Cartwright's Addition; Thence south along the property line of Lot 10,
Block 4 157.5' to the southwest corner of the same property; Thence east
along the southern property lines 217.5' to the southeast corner of Lot 8,
Block 4 in Cartwright's Addition; Thence south along the centerline of the
vacated alley to the southern right-of-way of West Benton Street; Thence
east to the point of beginning.
Whereas, expenditures and indebtedness are anticipated to be incurred by the
City of Iowa City, Iowa in the future to finance urban renewal project activities carried out
in furtherance of the objectives of the Urban Renewal Plan on land in the 2017 Amended
Area; and
Whereas, the City Council of the City of Iowa City, Iowa desires to provide for the
division of revenue from taxation in the 2017 Amended Area, as above described, in
accordance with the provisions of Section 403.19 of the Code of Iowa, as amended.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section 1. That the taxes levied on the taxable property in the 2017 Amended
Urban Renewal Area legally described in the preamble hereof, by and for the benefit of
the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School
District, and all other taxing districts from and after the effective date of this Ordinance
shall be divided as hereinafter provided.
Section 2. That portion of the taxes which would be produced by the rate at
which the tax is levied each year by or for each of the taxing districts upon the total sum
of the assessed value of the taxable property in the 2017 Amended Area, as shown on
the assessment roll as of January 1 of the calendar year preceding the first calendar
year in which the City of Iowa City certifies to the County Auditor the amount of loans,
rebates, grants, advances, indebtedness, or bonds payable from the division of property
tax revenue described herein, shall be allocated to and when collected be paid into the
fund for the respective taxing district as taxes by or for the taxing district into which all
other property taxes are paid.
Section 3. That portion of the taxes each year in excess of the base period taxes
determined as provided in Section 2 of this Ordinance shall be allocated to and when
collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby
established, to pay the principal of and interest on loans, grants, rebates, monies
advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including
bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code
of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in
whole or in part, urban renewal projects undertaken within the 2017 Amended Area
pursuant to the Urban Renewal Plan, as amended, except that taxes for the payment of
bonds and interest of each taxing district shall be collected against all taxable property
within the 2017 Amended Area without any limitation as hereinabove provided.
Section 4. Unless or until the total assessed valuation of the taxable property in
the 2017 Amended Area exceeds the total assessed value of the taxable property in the
2017 Amended Area as shown by the last equalized assessment roll referred to in
Section 2 of this Ordinance, all of the taxes levied and collected upon the taxable
property in the 2017 Amended Area shall be paid into the funds for the respective taxing
districts as taxes by or for said taxing districts in the same manner as all other property
taxes.
Section 5. At such time as the loans, advances, indebtedness, bonds and
interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been
paid, all monies thereafter received from taxes upon the taxable property in the 2017
Amended Area shall be paid into the funds for the respective taxing districts in the same
manner as taxes on all other property.
Section 6. All ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed. The provisions of this Ordinance are intended and
shall be construed so as to fully implement the provisions of Section 403.19 of the Code
of Iowa, as amended, with respect to the division of taxes from property within the Urban
Renewal Area as described above. In the event that any provision of this Ordinance
shall be determined to be contrary to law, it shall not affect other provisions or
application of the Ordinance which shall at all times be construed to fully invoke the
provision of Section 403.19 of the Code of Iowa with reference to the 2017 Amended
Area and the territory contained therein.
Section 7. This Ordinance shall be in effect after its final passage, approval and
publication as provided by law.
Passed and approved this 1st day of May , 2018
MAYOR
ATTEST:
CITY CLERK
Approved by /
GGt/c I�tCPiltiv✓��IC
City Attorney's Office
Ordinance No. 18-4746
Page 4
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES:
x
NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/02/2018
Vote. for passage: AYES: Taylor, Thomas, Throgmorton, Cole,
Mims, Salih. NAYS: None. ABSENT: Botchway.
Second Consideration 04/17/2018
Voteforpassage: AYES: Salih, Taylor, Thomas, Throgmorton,
Botchway, Cole, Mims. NAYS: None. ABSENT: None.
Date published 05/10/2018
CITY OF 1 O WA CIF -0 -01-18
COUNCIL ACTION REPO 15
April 2, 2018
An ordinance providing that general property taxes levied and collected
each year on all property located within that area added to the Riverside
Drive Urban Renewal Area in the City of Iowa City, county of Johnson,
State of Iowa, by and for the benefit of the state of Iowa, City of Iowa City,
county of Johnson, Iowa City Community School District and other taxing
districts, be paid to a special fund for payment of principal and interest on
loans, rebates, grants, monies advanced to and indebtedness, including
bonds issued or to be issued, incurred by said city in connection with the
Riverside Drive Urban Renewal Plan
Prepared By: Wendy Ford, Economic Development Coordinator
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: N/A
Recommendations: Staff. Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
The Riverside Drive Urban Renewal Plan was adopted on October 18, 2011 (Resolution 11-
335). A TIF ordinance was adopted on March 20, 2012 (Ordinance 12-4471), which allowed for
the division of incremental taxes in the urban renewal area to be used for qualifying projects.
The Urban Renewal Area was subsequently amended to add the Orchard neighborhood
(Resolution 17-218). Before the City can utilize the tax increment generated from this additional
land, however, a TIF ordinance for this amended area must be approved.
Background / Analysis:
The main objective in the Riverside Drive Urban Renewal Plan, as amended, is to encourage
and facilitate reinvestment of the area, beautify the commercial corridor and improve
connections between commercial retail uses and adjacent neighborhoods. The adoption of this
TIF ordinance allows the City to use the increase in property taxes resulting from improvements
within the Orchard neighborhood as a source of financing economic development grants for
qualifying urban renewal projects.
Projects in the Riverside Drive Urban Renewal Area have included the Riverside West
Apartments on the former auto sales and service lot, the streetscape design and eventual
pedestrian tunnel through the railroad embankment, riverbank stabilization on the west bank,
continuation of the Iowa River Trail from Benton to Sturgis and the signalization of the
intersection of Riverside Drive and Myrtle Avenue, and funding the local match to the State's
Workforce Housing Tax Credit projects in the district.
Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248
ORDINANCE NO. 18-4747
An ordinance providing that general property taxes levied and
collected each year on all property located within that area added to
the Foster Road Urban Renewal Area in the City of Iowa City, Iowa,
by and for the benefit of the State of Iowa, City of Iowa City, County
of Johnson, Iowa City Community School District and other taxing
districts, be paid to a special fund for payment of principal and
interest on loans, rebates, grants, monies advanced to and
indebtedness, including bonds issued or to be issued, incurred by
said city in connection with the Foster Road Urban Renewal Plan.
WHEREAS, the City Council of the City of Iowa City, Iowa, after public
notice and hearing as prescribed by law and pursuant to Resolution No. 18-75
passed and approved on March 20, 2018 adopted the Foster Road Urban
Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as
the Foster Road Urban Renewal Area, (the "Urban Renewal Area"), which
includes the area legally described as follows:
Commencing at the Northwest corner of Lot 16, Balls Subdivision, as shown in
Plat Book 3, Page 100; proceeding northeasterly along the south right-of-way line
of Foster Road, as shown in Exhibits A-1 and B-1 of the Condemnation records
recorded in Book 3100, Page 358; thence following said ROW line to its
intersection with the East-West ''% Section line of NW '/ of Section 3, Township
79N, Range 6W; thence East along said Section line to the SE corner of the NE
% of the NW '/< of Section 3, Township 79N, Range 6W; thence continuing East
along the East-West 1/4 section line to the SW corner of the NE 1/4 of the NE 1/4
of Section 3, Township 79N, Range 6W, as shown on the Final Plat of a re-
subdivision of Lot 30, Conway's Subdivision, Plat Book 17, Page 53; thence
North along the West line of Lot 30, Conway's Subdivision, Plat Book 4, Book
253, to the Northwest corner of Lot 25, Conway's Subdivision, Plat Book 4, Page
253; thence northeasterly along the North boundary of Conway's Subdivision to
the Northeast corner of Lot 15 and continuing easterly to the eastern Prairie Du
Chien Road ROW line; thence northwesterly along the eastern ROW line to the
Northeast corner of Auditor's Parcel "A", recorded in Plat Book 32, Page 52, said
line also being the South ROW of Interstate 80 as shown in the Plat of Survey
recorded in Book 32, Page 53 and as described in Book 4224, Page 896 and
Book 2944, Page 267; thence West along the Southl-80 ROW to the
Northwestern corner of Lot 4, Yocum Subdivision, Plat Book 5, Page 77, said
corner being the intersection of the 1-80 South ROW line and the East-West line
between Section 3, Township 79N, Range 6W and Section 34, Township 80N,
Range 6W; thence East along said section line to the Northwest comer of
Auditor's Parcel 2014052, Book 58, Page 324; thence South along the West side
of said Parcel to the Southeast corner of Pine Ridge Subdivision, Plat Book 46,
Pagel 57; thence westerly along the south side of Pine Ridge Subdivision to the
Southwest corner of Lot 1, Pine Ridge Subdivision; thence Southeasterly to the
point of beginning; and
WHEREAS, expenditures and indebtedness are anticipated to be incurred
by the City of Iowa City, Iowa in the future to finance urban renewal project
activities carried out in furtherance of the objectives of the Urban Renewal Plan;
and
WHEREAS, the City Council of the City of Iowa City, Iowa desires to
provide for the division of revenue from taxation in that portion of the Urban
Renewal Area, as above described and hereafter referred to as the Foster Road
Urban Renewal Area, in accordance with the provisions of Section 403.19 of the
Code of Iowa. as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
Section 1. That the taxes levied on the taxable property in the Foster
Road Urban Renewal Area legally described in the preamble hereof, by and for
the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City
Community School District, and all other taxing districts from and after the
effective date of this Ordinance shall be divided as hereinafter provided.
Section 2. That portion of the taxes which would be produced by the rate
at which the tax is levied each year by or for each of the taxing districts upon the
total sum of the assessed value of the taxable property in the Area, as shown on
the assessment roll as of January 1, 2017, pursuant to Iowa Code Section
403.19(1)(b), shall be allocated to and when collected be paid into the fund for
the respective taxing district as taxes by or for the taxing district into which all
other property taxes are paid.
Section 3. That portion of the taxes each year in excess of the base
period taxes determined as provided in Section 2 of this Ordinance shall be
allocated to and when collected be paid into a special tax increment fund of the
City of Iowa City, Iowa hereby established, to pay the principal of and interest on
loans, grants, rebates, monies advanced to, indebtedness, whether funded,
refunded, assumed or otherwise, including bonds or obligations issued under the
authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred
by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban
renewal projects undertaken within the Urban Renewal Area pursuant to the
Urban Renewal Plan, except that taxes for the payment of bonds and interest of
each taxing district shall be collected against all taxable property within the Urban
Renewal Area without any limitation as hereinabove provided.
Section 4. Unless or until the total assessed valuation of the taxable
property in the Urban Renewal Area exceeds the total assessed value of the
taxable property in the Urban Renewal Area as shown by the last equalized
assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied
and collected upon the taxable property in the Urban Renewal Area shall be paid
into the funds for the respective taxing districts as taxes by or for said taxing
districts in the same manner as all other property taxes.
Section 5. At such time as the loans, advances, indebtedness, bonds and
interest thereon of the City of Iowa City, Iowa, referred to in Section 3 hereof
have been paid, all monies thereafter received from taxes upon the taxable
property in the Urban Renewal Area shall be paid into the funds for the
respective taxing districts in the same manner as taxes on all other property.
Section 6. All ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed. The provisions of this
Ordinance are intended and shall be construed to fully implement the provisions
of Section 403.19 of the Code of Iowa, as amended, with respect to the division
of taxes from property described herein. In the event that any provision of this
Ordinance shall be determined to be contrary to law, it shall not affect other
provisions or application of the Ordinance which shall at all times be construed to
fully invoke the provision of Section 403.19 of the Code of Iowa with reference to
the Urban Renewal Area.
Section 7. This Ordinance shall be in effect after its final passage,
approval and publication as provided by law.
Passed and approved this lac day of May '2018
MAYOR
ATTEST:
CITY CLER
Approved by
City Attorney's Office i3Ti�
Ordinance No. 18-4747
Page 4
It was moved by Thomas and seconded by Botchway
Ordinance as read be adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Botchway
x
—�
Cole
Mims
x
Salih
x
Taylor
x
Thomas
x
Throgmorton
First Consideration 04/02/2018
Vote forpassage: AYES: Thomas, Throgmorton, Cole, Mims,
Salih, Taylor. NAYS: None. ABSENT: Botchway.
that the
Second Consideration 04/17/2018
Voteforpassage: AYES: Taylor, Thomas, Throgmorton, Botchway,
Cole, Mims, Salih. NAYS: None. ABSENT: None.
Date published 05/10/2018
= CITY OF IOWA CIT
^� COUNCIL ACTION REPO 051618
April 2, 2018
An ordinance providing that general property taxes levied and collected
each year on all property located within that area added to the Foster Road
Urban Renewal Area in the City of Iowa City, county of Johnson, State of
Iowa, by and for the benefit of the state of Iowa, City of Iowa City, county of
Johnson, Iowa City Community School District and other taxing districts, be
paid to a special fund for payment of principal and interest on loans,
rebates, grants, monies advanced to and indebtedness, including bonds
issued or to be issued, incurred by said city in connection with the Foster
Road Urban Renewal Plan
Prepared By: Wendy Ford, Economic Development Coordinator
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: N/A
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
This Tax Increment Financing (TIF) ordinance allows for the division of incremental taxes
collected from development within the Foster Road Urban Renewal Area, which was created
upon approval of the Foster Road Urban Renewal Plan on March 20, 2018 (resolution 18-75).
Background / Analysis:
The Foster Road Urban Renewal Plan contemplates that tax increment financing may be used
to assist in the construction of Foster Road from Dubuque Street east to Prairie du Chien. The
adoption of this TIF ordinance is the next step necessary to allow the City to effectuate this goal.
It will allow the City to use the increase in property taxes resulting from property improvements
and new developments as a source of financing for qualifying urban renewal projects, one
requirement of which is to provide some measure of public benefit.
Approval of this TIF Ordinance will enable City staff to negotiate a development agreement for
construction of Foster Road and a senior living facility in exchange for certain economic
development funds, paid for by the tax increment generated from the Foster Road Urban
Renewal Area. The details of the proposed road project will be presented to City Council in an
agreement for private redevelopment in the coming weeks.
11
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO. 18-4748
Ordinance amending Title 10, entitled "Public Ways And Property,"
Chapter 5, entitled "Laity Plaza," to allow an association of downtown
businesses to place a commercial structure on City Plaza under
limited circumstances for more than 45 days in 2018 and 2019.
Whereas, the City Code limits the use of City Plaza, including Black Hawk Mini Park, for
commercial purposes;
Whereas, in addition to provisions allowing for sidewalk cafes, sidewalk retailing, and mobile
vendors, the City Code allows for the commercial use of City Plaza as part of a large, short term
event such as Arts Fest;
Whereas, the City Code also allows the City Manager to issue a permit for the placement of
a commercial structure in City Plaza and Black Hawk Mini Park for up to 45 days similar to the
permit that allows downtown businesses to place their products on sidewalks and City Plaza
Thursdays through Sundays from March to November; and
Whereas, due to the construction during the pedestrian mall improvement project that will
impact downtown businesses, the City Manager should be authorized to allow commercial
structures in excess of 45 days in 2018 and 2019.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
Section I. Amendments.
1.Title 10, entitled "Public Ways and Property," Chapter 5, entitled "City Plaza," Section
7, entitled "Use of City Plaza," Subsection G5a(2) is hereby amended by adding the underlined
text as follows:
(2) The duration of the permit cannot exceed forty-five (45) days per calendar year except
for calendar years 2018 and 2019.
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 1st day of May , 2018.
Mapor
Rff
Attest: -� � A��
City Clerk City Attorney
Ordinance No. 18-4748
Page 2
It was moved by Mims and seconded by_ Thomas that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
First Consideration
ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
04/17/2018
VOtefOrpaSSage: AYES: Thomas, Throgmorton, Botchway, Cole,
Mims, Salih, Taylor. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 05/10/2018
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 waived and the ordinance be voted upon for
final passage at this time.
AYES: Thomas, Throgmorton, Botchway, Cole, Mims, Salih, Taylor.
NAYS: None. ABSENT: None.
CITY OF IOWA CIi -
COUNCIL ACTION REPO 17
April 17, 2018
Ordinance amending Title 10, entitled "Public Ways And Property,"
Chapter 5, entitled "City Plaza," to allow an association of downtown
businesses to place a commercial structure on City Plaza under limited
circumstances for more than 45 days in 2018 and 2019.
Prepared By:
Simon Andrew, Assistant to the City Manager
Reviewed By:
Geoff Fruin, City Manager
Fiscal Impact:
No impact
Recommendations:
Staff. Approval
Commission: N/A
Attachments:
Ordinance
Executive Summary:
The Iowa City Downtown District (TCDD) is planning a continuation of their successful
placemaking programming for the 2018 season. 2018 and 2019 programming is particularly
important, as City Plaza businesses will be impacted by construction during the ped mall
project. As part of their programming efforts, ICDD has requested the placement of two of the
structures used for pop-up shops during the 2017 holiday season on City Plaza. The structures
would be used primarily for programming, including but not limited to, ping pong, live music,
game library, additional seating, cardboard box builds, giant jenga, and the opportunity to
display renderings of the ped mall project as needed. The locations would be available to use
as retail locations for ICDD businesses as well. ICDD has also been working with the Iowa City
Public Library on programming options. Currently, City Code allows the City Manager or
designee to approve commercial structures on City Plaza for up to forty-five days. The attached
ordinance would remove the forty-five day limit for 2018 and 2019, in order to provide
programming and retail opportunities that will benefit City Plaza businesses during the
disruption of the construction project.
Background / Analysis:
ICDD has requested two locations for placement of structures from May— October 2018. Given
that this duration exceeds the forty-five day limit currently specified in City Code, an amendment
is necessary in order to approve this request. The first location requested is on the chessboard
next to the City Plaza playground structure. ICDD has worked with the Iowa City Public Library
on programming for this location. It is not expected that this location would be used for retail,
however, it would be allowed by the code amendment under consideration. The second location
would be where the pergola near FilmScene is currently located. The pergola is being removed
as part of the construction project. Construction is expected to begin April 30.
Three food carts must be relocated due to the upcoming construction. Staff has identified new
locations for these vendors and they will not conflict with ICDD's programming. The plans and
specifications for the structures will be approved by a building official, as with the pop-up shops
in 2017. The structures will include accessible ramps, decks, and railings. There will be lighting
and the use of City Plaza electricity, which will be reviewed by Engineering staff. ICDD plans to
have staff present at the April 17 Council meeting in order to provide additional information and
answer any questions Council may have.
These structures will provide the home for ICDD's placemaking programming in 2018, similar
to the role Blackhawk Minipark played as ICDD's placemaking hub in recent years, including
during the Washington Street reconstruction project. The code amendment under consideration
would allow the City Manager or designee to approve temporary commercial structures of a
duration longer than forty-five days during 2019 as well.
Iq
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 18-4749
Ordinance amending Title 14, "Zoning Code", Chapter 7, "Administration"
Article A, "Administration," Section 2 "Board of Adjustment" to provide for
an alternate temporary appointment when a Board member is unable to
participate in an appeal due to a conflict of interest.
Whereas, The Iowa City Board of Adjustment has 5 members and state law requires 3
members to be present to conduct business and a concurring vote of 3 members to reverse an
administrative decision; and
Whereas, if there is a recusal(s) for a conflict of interest the Board can be left with only 3 or 4
members to hear and decide an appeal from an administrative decision;
Whereas, it is in the best interests of the City to provide for the appointment of an alternate
when there is a recusal for a conflict of interest so the Board can operate with a full 5 members.
Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa:
SECTION I. AMENDMENTS.
Title 14, "Zoning Code", Chapter 7, "Administration", Article A, "Administration," Section 2
"Board of Adjustment" is amended by adding the underlined text as follows:
A. Board Established; Membership; Compensation: The board of adjustment shall consist of
five (5) members appointed by the mayor with the consent of the city council for a term of
five (5) years. Members shall be qualified electors of Iowa City. A majority of the members
of the board shall be persons representing the public at large; a majority of the board shall
not be involved in the business of purchasing or selling real estate. Board members shall
serve without compensation.
B. Purpose: The purpose of the board is to provide relief from the requirements of this title
when a variance is warranted, provide extra scrutiny in cases where special exceptions
allowed by this title are requested, and provide an avenue for appeal of administrative
decisions regarding the enforcement and implementation of this title. The decisions of the
board should serve the public interest, meet the intent of this title, and be consistent with the
comprehensive plan of the city, as amended.
C. Alternate Member: An alternate member, if available shall be appointed as provided
herein, to replace a member who is unable to participate in an appeal of an administrative
decision due to a conflict of interest. Any person who has served as a member of the Board
within the 5 years preceding the filing of the appeal and who represents the public at large
and is not involved in the business of purchasing or selling real estate shall be qualified to
serve as an alternate. When the member has recused himself/herself due to a conflict and
the date of hearing before the Board has been set the Secretary of the Board shall notify all
such persons and the first to agree to serve as the alternate is hereby appointed to do so
OrdinanceNo. 18-4749
Page 2
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 lsc day of May '2018.
MaAr
Attest:.
City Clerk 10
r
by
—/2—/b?
City Attorney's Office
Ordinance No. 1s-4749
Page 3
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS
W&I"M
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 04/17/2018
Vote for passage: AYES: Throgmorton, Botchway,
Salih, Taylor, Thomas. NAYS: None. ABSENT:
Second Consideration _
Vote for passage:
Cole, Mims,
None.
Date published 05/10/2018
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 waived and the ordinance be voted upon for
final passage at this time.
AYES: Botchway, Cole, Mims, Salih, Taylor, Thomas, Throgmorton.
NAYS: None. ABSENT: None.
Julie
il
V fir
From: Rob Rollins <rob@sterlingcodifiers.com>
Tuesday, 2018 •
Fruehling;Cc: Kellie JulieVoparil
Subject: RE: ordinance question
Julie...
Recommend attaching a copy of this email to your ord.
Have a super day !
Thanks -
Rob
u co dlifieirs.cc) 'n
208-665-7193
From: Sue Dulek [mailto:Sue-Dulek@iowa-city.org]
Sent: Tuesday, May 15, 2018 6:48 AM
To:'Rob Rollins' <rob@sterlingcodifiers.com>
Cc: Kellie Fruehling <Kellie-Fruehling@iowa-city.org>; Julie Voparil <lulie-Voparil@iowa-city.org>
Subject: RE: ordinance question
;..
Yes, please make it a new subsection E. As always, thank you very much.
61
Susan Dulek
Assistant City Attorney
410 East Washington Street
Iowa City, IA 52240
319-356-5030
319-356-5008 Fax
sue-duleWiowa-city.or
Notice:
Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the internet, the City Attorney's Office
cannot assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential.
If you are uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification
that you do not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such
communication. This message is covered by the Electronic Communication Privacy Act, 18 U.S.C. Sections 2510-2515, is intended only for the use of the
person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should not be forwarded to
anyone else without consultation with the originating attorney. If you received this message and are not the addressee, you have received this message in
error. Please notify the person sending the message and destroy your copy. Thank you.
From: Rob Rollins [ma'uito:rob ste�riir�.. a::od'ufieirs.com]
Sent: Monday, May 14, 2018 9:49 AM
To: Sue Dulek <"sue, Du.�lell�i)iiowa-c6ty.oir°, >
Cc: Kellie Fruehling <Kellfiie Fruehiirn„ iovva Julie Voparil <itulliie-Vopau u�Lebiio ca-ciity„a it >
Subject: RE: ordinance question
Sorry, there is current a C & D ... so what are we to do with them - renumber or remove? If renumber, isthere any reason xve
just can't put the new CasE}
Rob
208-665-7193
From: Rob Rollins
Sent: Monday, May 14,20187:40AM
To: 'Sue Du|ek'
Cc: 'Kellie FruehUm']u|ieVopah|'
Subject: ordinance question
Ord 18-4749 adds a new C to 14-7A-2 — however there is already a C at this location and the ord does not say to delete or
renumber it. What are we to do with the current C?
Thanks.
Rob
208-565-7193
cm
M�scUalnner�
The information contained in this communication from the sender |sconfidential. It is intended solely for use by the recipient and others
authorized to receive it. If you are not the recipient, you one hereby notified that any disclosure, copying, distribution or taking action in
relation of the contents of this information is strictly prohibited and may be unlawful.
'r CITY OF IOWA CIT
^ , a COUNCIL ACTION REPO 05$18
April 17, 2018
Ordinance amending Title 14, "Zoning Code", Chapter 7, "Administration",
Article A, "Administration," Section 2 "Board of Adjustment" to provide for
an alternate temporary appointment when a Board member is unable to
participate in an appeal due to a conflict of interest.
Prepared By: Eleanor M. Dilkes, City Attorney
Reviewed By: Geoff Fruin, City Manager
Fiscal Impact: none
Recommendations: Staff: Approval
Commission: not applicable
Attachments: Ordinance
Executive Summary:
This ordinance will provide for the appointment of a temporary alternate to hear an appeal from
a staff administrative decision when a Board member is unable to participate due to a conflict of
interest. Any person who has served as a member of the Board within the 5 years preceding
the filing of the appeal, and who represents the public at large and is not involved in the
business of purchasing or selling real estate, shall be qualified to serve as an alternate. When
the member has recused himself/herself due to a conflict and the date of hearing before the
Board has been set, the Secretary of the Board shall notify all such persons and the first to
agree to serve as the alternate is appointed to do so. Assuming that a volunteer is available
this would allow a full Board of 5 members to hear appeals.
Background / Analysis:
At its work session on November 21, 2017 regarding the 101 Lusk Ave. ("Kinnick House")
matter the Council requested staff consideration of the feasibility of an alternate appointment to
the BOA that could step into the decision-making process when there is a recusal of a
permanent member. Section 414.8 allows a Board of Adjustment comprised of 5 members to
carry out its business if 3 or more members are present. Section 414.14 requires that a
concurring vote of three members of the Board is necessary to reverse an administrative
decision. In the case of a temporary absence of a Board member the applicant is given the
option of deferring the Board's consideration until all 5 members are present. When there is a
recusal for a conflict of interest that member will never be able to participate, leaving a Board of
4 members. State law requires a Board with an odd number of members (5, 7 or 9) and
requires that a majority of the members represent the public at large and shall not be involved in
the business of purchasing or selling real estate. It is consistent with the state code to provide
for the appointment of an alternate when there is a recusal for a conflict of interest so that the
Board can operate with 5 members. Because the BOA is a quasi-judicial body, to avoid any
appearance of bias in the appointment process after an appeal has been filed and the time
required for advertising a vacancy, it is proposed that the appointment be made automatically
from a pool of persons who have been members of the BOA in the recent past and received the
training provided to all Board members.
If this ordinance is adopted by Council an amendment to the BOA's bylaws will be presented to
the Rules Committee and Council.
0
Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030
ORDINANCE NO. 18-4750
Ordinance amending Title 5, entitled 'Business and License
Regulations," Chapter 2, entitled "Taxicabs," to allow for "soft"
taximeters and for taxicab business licenses to be sold.
WHEREAS, "soft" meters, a/k/a e -meters are an advancement of technology that utilize a
tablet or similar electronic device to calculate the charge for a taxicab fare instead of a
traditional mechanical device;
WHEREAS, taxicab businesses should be allowed to use soft taximeters;
WHEREAS, just as traditional taximeters need to be calibrated by third -parties to ensure
that accuracy, soft meters need to be certified by third -parties to ensure their accuracy;
WHEREAS, taxicab licenses should be allowed to be sold; and
WHEREAS, it is in the best interest of the City to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENTS.
Title 5, entitled 'Business and License Regulations," Chapter 2, entitled "Taxicabs," is
amended by adding the underlined text and deleting strike -through text as follows:
1. Amend 5-2-1, "Definitions":
Soft Taximeter: A type of taximeter that utilizes a tablet or similar electronic device to calculate the
charge instead of a mechanical device.
2. Amend 5-2-2F, 'Business Licenses":
F. The license Gannet may be sold, assigned, or transferred .
3. Amend 5-2-5C1, "Vehicle Requirements":
CA.Taximeter: All taxicabs must be equipped with a taximeter that is in good operating order
a) A taximeter that is not a soft taxi meter shall be ;a #ha6 been calibrated and sealed by a
certified calibrator. Dated documentation must be provided to the city equipment
superintendent, on a form provided by the city, with each inspection and filed with the city clerk
when the inspection is completed. Calibration date must be within thirty (30) days prior to the
annual inspection.
b) A soft taximeter shall be certified by a third party as required by the city clerk within thirty (30)
days prior to the annual inspection. The certification shall include requirements that the device
is programmed remotely by an authorized representative and is password protected.
c) Signage must be conspicuously displayed on the inside of a taxicab that states, "If The Meter
Is Not Working, This Vehicle Cannot Operate As A Taxi. Receipt For Fare Available Upon
Request." The city may require verification of a certified calibration for taximeters or certification
for soft taximeters without prior notice for the purpose of ensuring compliance with this chapter.
4. Amend 5-2-8132b and 862c, "Rates":
Ordinance No. 18-4750
Page 2
b. No driver of a metered taxicab shall operate a taxicab without utilizing a taximeter that has
been calibrated by a certified calibrator and inspected or certified as required by the city clerk if
a soft taximeter.
c. Whenever the taxicab business desires to change the rate charged, the taxicab business
shall file a rate card with the city clerk setting forth the new rates.
M For taximeters that are not soft taximeters, the business must have all taximeters
recalibrated by a certified calibrator on a form provided by the city and returned to the city clerk
no later than ten (10) business days after filing the new rates with the city clerk. The business
must have the taximeter recalibrated by a certified calibrator no sooner than the filing date of a
rate card change and no later than ten (10) business days after said filing date. The business
must have all taximeters recalibrated by a certified calibrator before the business may again
change the rate charged.
(2) For soft taximeters, the business must have all soft taximeters certified as required by the
city clerk no later than ten (10) business days after filina the new rates with the city clerk The
business must have the certification completed no sooner than the filing date of a rate card
change and no later than ten (10) business days after said filina date. The business must have
all soft taximeters certified before the business may again change the rate charged.
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 1st day of May 2018.
Ma r
Attest: [�,�
City Jerk U
Approved by
City Attorney's Office
Ordinance No. 18-4750
Page 3
It was moved by Mims and seconded by Botchway that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
%
Botchway
%
Cole
x
Mims
x
Salih
x
Taylor
%
Thomas
%
Throgmorton
First Consideration 04/17/2018
Vote for passage: AYES: Botchway, Cole, Mims, Salih, Taylor,
Thomas, Throgmorton. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 05/10/2018
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 waived and the ordinance be voted upon for
final passage at this time.
AYES: Mims, Salih, Taylor, Thomas, Throgmorton, Botchway, Cole.
NAYS: None. ABSENT: None.
C I T Y O F 1 0 WA C I T `ds -01-18
COUNCIL ACTION REPO 19
Click here to enter a date of council meeting.
Ordinance amending Title 5, entitled 'Business and License Regulations,"
Chapter 2, entitled "Taxicabs," to allow for "soft" taximeters and for
taxicab business licenses to be sold.
Prepared By:
Reviewed By:
Fiscal Impact:
Recommendations:
Attachments:
Kellie Fruehling, City Clerk
Sue Dulek, Asst City Attorney
N/A
Staff: Approval
Commission: N/A
Ordinance
Draft Administrative Rules #6
Executive Summary:
Currently the City Code does not allow for soft taximeters or the sale of an existing taxicab
business license. At the request of a current licensed taxi cab business in Iowa City, staff
reviewed proposed changes to the Code to allow for soft taximeters and for the sale of an
existing license. Staff concluded that soft meters should be allowed as well as the sale of a
license.
Background / Analysis:
eMeters or"soft" meters are a newer advancement of technology that is a type of taximeter that
utilizes a tablet or similar electronic device to calculate the charge instead of a mechanical
device. Soft meters would need to be certified by an authorized third party representative and
programmed remotely with password protection. This change would allow for taxicab
companies to continue using mechanical meters or have the option for soft meters. The
requirements for certification will be contained in the administrative rules and draft rules are
attached.
Allowing the sale or transfer of an existing taxicab license would provide for the sale of all or
substantially all the assets form the original company.
i�
• wwao���
f City Of
&�,4 04
IOWA CITY TAXICAB ADMINISTRATIVE RULE # AR - # 6
Administrative Rules for Vehicle Inspection for Metered Taxicabs by Equipment
Date: Draft dated April 9, 2018
1. No metered taxicab will be inspected unless it matches the company's unique color
scheme that has been approved by the Police Chief or designee.
2. No metered taxicab will be inspected without dated documentation as fully described
below showing that the meter has been calibrated within the past thirty (30) calendar
days.
3. No metered taxicab will be inspected if the vehicle does not have a lighted dome and the
name of the taxicab business on each side of the vehicle.
4. All metered taxicabs over ten (10) model years old (byway of example, during the
calendar year 2018, the model year must be a 2007 or older) shall be inspected as
follows:
Exterior: Headlights, taillights, brake lights, directional signal lights, reverse light
operation, hazard light operation, marker lights (including parking and side
marker), operation of license plate lights, windshield, windshield washers,
windshield wipers including rear wiper if so equipped, vent glasses, all other
vehicle glass, glass window raisers, doors and door locks, trunk lid, trunk hood,
and interior door handles, exhaust system, splash shields, bumpers, fenders,
mirrors including rearview and outside mirrors, and body shall be inspected to
ascertain that each is functioning properly. Tires shall meet Iowa Code Section
321.440. Each vehicle shall be maintained in a reasonably clean condition. There
shall be no tears or rust holes in the vehicle body and no loose pieces such as
fenders, bumpers or trim hanging from the vehicle body. There shall be no
unrepaired body damage which would create a safety problem or interfere with
the operation of the vehicle.
b. Interior: The rearview mirror, foot brakes, parking brakes, seat belts, horn
operation, passenger interior light and air conditioning and heating systems shall
be inspected to ascertain that each is functioning properly. There shall be no
safety related warning lights illuminated in the instrument panel (i.e.: air bag
light). The upholstery, floor mats, head lining, door panels and the trunk
compartment shall be inspected to determine whether they are clean, free of
tears, and that the trunk has sufficient space for passengers' luggage.
Page 1
AR - # 6 by Equipment
G. Taximeter: Must be in good operating order and calibrated and sealed by a
certified calibrator. A current Calibrator Certificate must be on file with the
Equipment Division. Dated documentation must be provided to the city
equipment superintendent or designee, on a form provided by the city, with each
inspection and filed with the city clerk when the inspection is completed.
Calibration date must be within thirty (30) calendar days prior to the annual
inspection. Signage must be conspicuously displayed on the inside of a vehicle
that states "If the meter is not working, this vehicle cannot operate as a taxi.
Receipt for fare available upon request." The rate card must be prominently
displayed to all passenger seats.
d. Soft Taximeter: In lieu of taximeters taxicabs may have eMeters or "soft" meters,
which are a type of taximeter that utilizes a tablet or similar electronic device to
calculate the charge instead of a mechanical device. Soft meters must be
certified by an approved authorized third -party representative who has central,
password -protected access to program rates for all soft taximeters in the fleet.
Soft taximeters must be physically secured in the vehicle interior to the right of
the driver. The soft taximeter must have a fare display large enough that a
passenger who does not require corrective lenses is be able to read at all times
when seated in the back seat of the taxicab. Hardware and software provisions
must be in place that prevent the driver from changing the rates or modifying how
the soft taximeter works in a taxicab.
Dated documentation of the certification must be provided to the city equipment
superintendent or designee, on a form provided by the city, with each inspection
and filed with the city clerk when the inspection is completed. The certification
date must be within thirty (30) calendar days prior to the annual inspection.
Signage must be conspicuously displayed on the inside of a vehicle that states "If
the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare
available upon request." The rate card must be prominently displayed to all
passenger seats.
e. Dome: A lighted dome attached permanently to the exterior roof of the taxicab
with lettering that identifies the vehicle as a taxicab visible from the front and
back of the taxicab. The lighted dome shall be a minimum size of twelve inches
by one inch by three inches (12" x 1" x 3"). In the event the city equipment
superintendent or designee determines that the permanent attachment of a dome
to the exterior roof is not possible, the city equipment superintendent or designee
may approve an alternative placement. If a phone number is provided the
number shall be the same number that appears on the taxicab business
application and rate card.
Color Scheme: A unique and distinctive color scheme and design, which has
been approved by the police chief or designee.
Page 2
AR - # 6 by Equipment
g. Lettering: Each metered taxicab shall have the name of the taxicab business on
each side of the vehicle in letters at least four and one-half inches (41/2") in
height. Removable signs and peel -off letters shall not be allowed. Removable
means that the city equipment manager or designee has determined that cannot
be removed without using an instrument or tool, such as a sander. If a phone
number is provided the number shall be the same number that appears on the
taxicab business application and rate card. All other letters and numbers, except
for the name of the taxicab business, shall not be greater than three inches (3")
in height. Lettering may be allowed on a window, if approved by the city
equipment superintendent or designee.
h. Driver ID: The photo identification card must be prominently displayed both in the
front seat and the back seat. 1) Front Seat: Either on the dash directly in front of
the passenger seat or on the passenger seat visor. If it is on the visor, the visor
must always be down when a passenger is in the taxicab. 2) Back Seat: On the
back side of the front passenger seat. The City will not provide any lanyard,
plastic enclosure, or any other device to affix the photo identification card to the
taxicab.
5. All metered taxicabs ten (10) model years old or newer (byway of example, during the
calendar year 2018, the model year must be a 2008 or newer) shall (unless the owner
wishes to have a full inspection as set forth in Paragraph 4 above) be inspected as
follows:
a. Taximeter: Must be in good operating order and calibrated and sealed by a
certified calibrator. A current Calibrator Certificate must be on file with the
Equipment Division. Dated documentation must be provided to the city
equipment superintendent or designee, on a form provided by the city, with each
inspection and filed with the city clerk when the inspection is completed.
Calibration date must be within thirty (30) calendar days prior to the annual
inspection. Signage must be conspicuously displayed on the inside of a vehicle
that states "If the meter is not working, this vehicle cannot operate as a taxi.
Receipt for fare available upon request." The rate card must be prominently
displayed to all passenger seats.
b. Soft Taximeter: In lieu of taximeters taxicabs may have eMeters or "soft" meters,
which are a type of taximeter that utilizes a tablet or similar electronic device to
calculate the charge instead of a mechanical device. Soft meters must be
certified by an approved authorized third -party representative who has central,
password -protected access to program rates for all soft taximeters in the fleet.
Soft taximeters must be physically secured in the vehicle interior to the right of
the driver. The soft taximeter must have a fare display large enough that a
passenger who does not require corrective lenses is be able to read at all times
when seated in the back seat of the taxicab. Hardware and software provisions
must be in place that prevent the driver from changing the rates or modifying how
the soft taximeter works in a taxicab.
Page 3
AR - # 6 by Equipment
Dated documentation of the certification must be provided to the city equipment
superintendent or designee, on a form provided by the city, with each inspection
and filed with the city clerk when the inspection is completed. The certification
date must be within thirty (30) calendar days prior to the annual inspection.
Signage must be conspicuously displayed on the inside of a vehicle that states "If
the meter is not working, this vehicle cannot operate as a taxi. Receipt for fare
available upon request." The rate card must be prominently displayed to all
passenger seats.
C. Dome: A lighted dome attached permanently to the exterior roof of the taxicab
with lettering that identifies the vehicle as a taxicab visible from the front and
back of the taxicab. The lighted dome shall be a minimum size of twelve inches
by one inch by three inches (12" x 1" x 3"). In the event the city equipment
superintendent or designee determines that the permanent attachment of a dome
to the exterior roof is not possible, the City equipment superintendent or
designee may approve an alternative placement. If a phone number is provided
the number shall be the same number that appears on the taxicab business
application and rate card.
d. Color Scheme: A unique and distinctive color scheme and design, which has
been approved by the police chief or designee.
e. Lettering: Each metered taxicab shall have the name of the taxicab business on
each side of the vehicle in letters at least four and one-half inches (41/2") in
height. Removable signs and peel -off letters shall not be allowed. Removable
means that the city equipment manager or designee has determined that cannot
be removed without using an instrument or tool, such as a sander. If a phone
number is provided the number shall be the same number that appears on the
taxicab business application and rate card. All other letters and numbers, except
for the name of the taxicab business, shall not be greater than three inches (3")
in height. Lettering may be allowed on a window, if approved by the city
equipment superintendent or designee.
Driver ID: The photo identification card must be prominently displayed both in the
front seat and the back seat. 1) Front Seat: Either on the dash directly in front of
the passenger seat or on the passenger seat visor. If it is on the visor, the visor
must always be down when a passenger is in the taxicab. 2) Back Seat: On the
back side of the front passenger seat. The City will not provide any lanyard,
plastic enclosure, or any other device to affix the photo identification card to the
taxicab.
6. Hours: Scheduled inspections shall be performed on Tuesday, Wednesday, or Thursday
from 8:00 AM —11:30 AM in 30 minute intervals.
Approved_
Page 4
AR - # 6 by Equipment
� Asea
CITYIOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
Late Handouts:
Information submitted between distribution of packet on Thursday and close of business on
Monday.
Regular Agenda:
Item 19 Taxicabs — "Soft" Taximeters - See additional correspondence
Yj¢Cla Yellow Cab of Iowa City
b P.O. Box 428
i
Iowa City, IA 52244
10 TY (319) 338-9777
April 27, 2018
To the Iowa City City Council:
4A
www.yellowcabic.com
Late Handouts Distributed
If130�IF
(Date)
We would like to request an expedited approval (collapse of Consideration 2
& 3) of Item 19 "Taxicabs -'Soft' Meters" of your formal meeting agenda of
May 1, 2018.
Thank you.
f,ozr-0 0��
Roger E. Bradley
Manager
David L. Stoddard
Manager/Member
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