HomeMy WebLinkAbout2018-05-29 OrdinanceDEFERRED (�C�
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ18-00014)
Ordinance No.
An ordinance conditionally rezoning approximately 3.41 acres from
High Density Multifamily Residential (RM -44) zone to Riverfront
Crossings—South Downtown Subdistrict (RFC -SD) zone located at
12 E. Court Street. (REZ18-00014)
Whereas, the applicant, 100-500 LLC, has requested a rezoning of property located at 12 E. Court Street
from High Density Multifamily Residential (RM -44) to Riverfront Crossings—South Downtown Subdistrict
(RFC -SD); and
Whereas, the Comprehensive Plan indicates that this property is appropriate for redevelopment of high
density multifamily housing that contributes to a pedestrian friendly streetscape; and
Whereas, the requested rezoning will result in a significant increase in residential density,
necessitating street improvements for vehicular and pedestrian traffic, and
Whereas, the large scale of the development (equivalent to a square block) necessitates careful
consideration of design, 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 compliance with the Downtown and Riverfront Crossings Master Plan including dedication of right of
way and construction of Capitol Street; 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 High Density
Multifamily Residential (RM -44) to Riverfront Crossings—South Downtown Subdistrict (RFC -SD):
ALL OF LOT 5, ALL OF LOT 6, LOT 7 EXCEPT THE NORTH 50 FEET OF THE EAST 25 FEET OF
SAID LOT, LOT 8 EXCEPT THE EAST 25 FEET OF SAID LOT, IN BLOCK 101, IOWA CITY, JOHNSON
COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO INCLUDING THE CAPITOL
STREET RIGHT OF WAY BETWEEN BLOCK 93 AND BLOCK 101 FROM THE SOUTH RIGHT OF WAY
LINE OF BURLINGTON STREET TO THE NORTH RIGHT OF WAY LINE OF COURT STREET, IN IOWA
CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. ALSO
INCLUDING LOTS 1, 2, 3,4 BLOCK 93, IOWA CITY, ACCORDING TO THE RECORDED PLAT
THEREOF.
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 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.
Ordinance No.
Page 2
Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section,
provision or part thereof not adjudged invalid or unconstitutional.
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this day of 20 .
MAYOR
ATTEST:
CITY CLERK
Ap r ved by )
City Attorneys Office
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ18-00014)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City") and 100-500, L.L.C. (hereinafter "Owner").
Whereas, Owner is the legal title holder of approximately 3.41 acres of property located
at 12 E. Court Street; and
Whereas, the Owner has requested the rezoning of said property from High Density
Multifamily Residential (RM -44) to Riverfront Crossings—South Downtown Subdistrict (RFC -
SD); and
Whereas, the requested rezoning will result in a significant increase in residential
density, necessitating street improvements for vehicular and pedestrian traffic, and
Whereas, the large scale of the development (equivalent to a square block) necessitates
careful consideration of design, and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding compliance with the Downtown and Riverfront Crossings Master Plan,
including dedication of right of way and the construction of Capitol Street and streetscape
enhancements on Burlington 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 dedication of right of way and construction of Capitol Street and
streetscape improvements on Burlington Street; 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. 100-500 LLC is the legal titleholder of the property legally described as
ALL OF LOT 5, ALL OF LOT 6, LOT 7 EXCEPT THE NORTH 50 FEET OF THE EAST 25
FEET OF SAID LOT, LOT 8 EXCEPT THE EAST 25 FEET OF SAID LOT, IN BLOCK
101, IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED
PLAT THEREOF. ALSO INCLUDING THE CAPITOL STREET RIGHT OF WAY
BETWEEN BLOCK 93 AND BLOCK 101 FROM THE SOUTH RIGHT OF WAY LINE OF
BURLINGTON STREET TO THE NORTH RIGHT OF WAY LINE OF COURT STREET,
IN IOWA CITY, JOHNSON COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT
ppdadMagV=18-008014 =.dm
THEREOF. ALSO INCLUDING LOTS 1, 2, 3, 4 BLOCK 93, IOWA CITY, 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
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. Prior to issuance of a building permit for any of the subject property, Owner shall;
i. Dedicate right of way of sufficient width to the City to facilitate the
reestablishment of Capitol Street, and
ii. Obtain approval of the exterior design elevations from the Planning and Zoning
Commission. If Level II design review is required for bonus height, the Planning
and Zoning Commission will review the proposed development plan and make
a recommendation to the City Council.
b. Prior to issuance of a certificate of occupancy for any of the subject property Owner
shall:
i. Build the Capitol Street right-of-way to specifications approved by the City
Engineer, and
ii. Install streetscape improvements to enhance the pedestrian environment on
Burlington Street and Court Street, as described in the Downtown and
Riverfront Crossings Master Plan.
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.
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.
7. The parties further acknowledge that this agreement shall inure to the benefit of and bind
ppdadm/aggr z18-000014=.dx
all successors, representatives, and assigns of the parties.
The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be
construed to relieve the Owner or Applicant from complying with all other applicable
local, state, and federal regulations.
9. The parties agree that this Conditional Zoning Agreement shall be incorporated by
reference into the ordinance rezoning the subject property, and that upon adoption and
publication of the ordinance, this agreement shall be recorded in the Johnson County
Recorder's Office at the Applicant's expense.
Dated this day of , 20_.
City of Iowa City
Jim Throgmorton, Mayor
Attest:
Kellie Fruehling, City Clerk
roved 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 Iowa
(Stamp or Sea])
Title (and Rank)
100-500, L.L.C. Acknowledgment:
ppdadMagtf=18-000014 =.doc
all successors, representatives, and assigns of the parties.
8. The Owner acknowledges 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.
9. 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
Attest:
Clerk
Approved
City Att'orney's Office
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This
Throgmorton and
20_
0
was acknowledged before me on
Jim
as Mayor and City Clerk, respeAiv
y, of the City of Iowa City.
in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
100-500, L.L.C. Acknowledgment:
ppdatlMagVrez18-000014 c 3
State of 1oc1-xa
County of �1ohnSc),-n
This record was acknowledged before me on 5- 1 q —/ S (Date)
by Tarnes A- CL.a.r/L (Name(s) of individual(s) as
(�J wI'7P r (type of authority, such as member) of 100-500, L.L.C..
Notafy Public in and Pr the State of tori
(Stamp or Seal)
KELLIE K. FRUEHLING
Comrim on Number 221619'
Title (and Rank) ah co m ss'on E, ira
My commission expires:
ppdadrtJagV,ez1 M00014 =.dm
�b
Prepared 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 Density Single Family (OPD/RS-
12) zone to Low Density Multifamily (RM -12) zone for the property
located at 1705 Prairie Du Chien Road. (REZ18-00002)
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 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 5x 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 88°27' 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
S33043'51"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.
AND
Commencing at the Northeast corner of Section 3, Township 79 North, Range 6 West of the
51h 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 30°03' 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. 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 W. 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 3
Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication,
as provided by law.
Passed and approved this _ day of , 20_
MAYOR
ATTEST:
CITY CLERK
n��App)oved by
City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by_
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
that the
First Consideration 05/29/2018
Voteforpassage: AYES: Mims, Taylor, Thomas, Throgmorton, Botchway.
NAYS: Cole. ABSENT: Salih.
Second Consideration _
Vote for passage:
Date published
Prepared by: Eleanor M. Dikes. City Attorney, 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 municipal corporation
(hereinafter "City"), Patricia C. Vangerpen and Peter Vangerpen (referred to collectively
hereinafter as "Owner'); Hawkeye Trailer Court, LLC (referred to hereinafter as "Contract
Purchaser') and Ross Nusser (referred to herein as "Applicant").
Whereas, Owner is the legal title holder and Contract Purchaser is the equitable title
holder of approximately 1.89 acres of property located at 1705 Prairie du Chien Road in Iowa
City; and
Whereas, the Applicant 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 who will be displaced
upon redevelopment, 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 directly caused by the requested change; and
Whereas, the Owner, Contract Purchaser and Applicant acknowledge that certain
conditions and restrictions are reasonable to ensure the development of the property is
consistent with the Comprehensive Plan, compatible with the surrounding neighborhood and
done in a manner that mitigates the impact on existing residents; and
Whereas, the Owner, Contract Purchaser and Applicant agree 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. Owner is the legal title holder and Contract Purchaser is the equitable title holder of
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 88131' 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
ppdadMaOVre 18-0 002c (002).do (1705 pralde du Wen).d=
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 5ft 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 88°27' 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 88125'
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 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 N89130'00"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 542040'40"W; Thence
S33143'51 "W, 97.64 feet; Thence S89128'1 5"W, 100.53 feet; Thence NO3 014'55"W, 143.55
feet; Thence N37102'18"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
51" 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 88127' 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 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.
2. The Owner, Contract Purchaser and Applicant acknowledge 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
ppdadMagVre 18-DDOD2=(002).d.(1705 prairie du chlen).aac
and above the existing regulations, in order to satisfy public needs directly caused by the
requested change.
In consideration of the City's rezoning the subject property, Owner, Contract Purchaser
and Applicant agree that development of the subject property will conform to all other
requirements of the zoning chapter, as well as the following conditions:
a. Approval by the City's staff design review committee in accordance with the
guidelines of Title 14, Chapter 3C of City Code.
b. An outdoor amenity, which shall be approved by City as part of the design
review.
c. Three (3) bedroom units shall not exceed thirty percent (30%) of all dwelling units
in the project; and
d. No multi -family structure shall exceed two (2) stories in height
4. In addition to the requirements of paragraph 3 above, and as further consideration of the
City's rezoning of the subject property, Owner, Contract Purchaser and Applicant agree
to comply with the following Resident Transition Plan (RTP) with regard to the residents
of Hawkeye Trailer Court:
a. Notice of redevelopment shall be provided to each tenant of the property, which
notice shall provide a period of transition of at least nine (9) months from the date
of the City's final approval for the rezoning ("transition period"), to permit
residents adequate time to relocate to alterative housing arrangements. Notice
shall be provided by regular mail, certified mail, and posting on the front door of
the manufactured home.
b. The RTP is limited to tenants who are residents of Hawkeye Trailer Court on the
date of the City's final approval of the rezoning. The RTP shall be provided on a
per household basis and there is only one household per manufactured home.
Tenants evicted for good cause are not eligible for the RTP. A list of all the
names and addresses of all eligible tenants shall be provided to the City within
10 days of final approval of the rezoning.
c. Each household shall receive a goodwill payment of $2,000 upon voluntary
termination of tenancy and vacation of the premises.
d. In order to receive the goodwill payment of $2,000, tenants will be required to: i)
voluntarily terminate their tenancy; and ii) vacate the premises as provided
herein. Payment shall be provided within 10 days after the household has
vacated the premises.
e. Tenants can choose to either i) transfer title to their manufactured home to the
landlord and leave their mobile home on the site at the end of the transition
period, in which case the landlord will pay all disposal costs; or ii) remove and
relocate their manufactured home from the site at the end of the transition period,
in which case the tenant will be responsible for all costs and liability. If the tenant
fails to exercise either option, the owner/contract purchaser will need to exercise
ppCadMa9Vm1U0002=(002).dm(1705 prairie du chien).dm 3
its rights under Chapter 562B.
5. The Owner, Contract Purchaser, 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 directly caused by
the requested zoning change.
6. The Owner, Contract Purchaser, 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.
7. 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.
8. The Owner, Contract Purchaser and Applicant acknowledge that nothing in this
Conditional Zoning Agreement shall be construed to relieve the Owner, Contract
Purchaser or Applicant from complying with all other applicable local, state, and federal
regulations.
9. 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.
ppdadmragvra=1ea0002. (002).dop (»os praide du cWen).d=
[City of Iowa City, Iowa's Signature Page to Conditional Zoning Agreement
regarding 1705 Prairie Du Chien Road, Iowa City, Iowa]
Dated this day of 2018.
CITY OF IOWA CITY
James Throgmorton, Mayor
Attest:
Kellie Fruehling, City Clerk
y.
City Attorney's Office
CITY OF IOWA CITY ACKNOWLEDGEMENT:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2018 by James
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
ppdadnVagVr.1"0002=(002).d.(1705 praido da cW,n).d= 5
[Owners' Signature Page to Conditional Zoning Agreement
regarding 1705 Prairie Du Chien Road, Iowa City, Iowa]
OWNERS
14-)'I" -)'I"o G! PaOPin
Peter Van Gerpen r'
Patricia C. Van Gerpen
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
MARK JAMES PATERNO
Notarial Seal - IOWA
i A Commission No. 779477
My Commission Expires July: 2016
This instrument was acknowledged before me on ( Z °, 2018 by Peter Van
Gerpen.
Notary Public in and for the State of Iowa
(Stamp or Sea])
Title (and Rank)
My commission expires:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on _ai Z% , 2018 by Patricia C. Van
Gerpen.
MARK JAMES PATERNO
Aor Notarial Seal - IOWA
ff
commission No. 779477ommission Expires July 22, 2016
Notary Public in and for the State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires:
ppdadnVagVrez18-00G02=(002).dod(1705 prairie du Wen).doc 6
(Contract Purchaser's Signature Page to Conditional Zoning Agreement
regarding 1705 Prairie Du Chien Road, Iowa City, Iowa)
CONTRACT PURCHASER
Hawkeye Trailer Court, LLC
B /`
&�7�
Susan R. Moore, Manager
By:
Curtis H. Moore, Manager
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on , 2018 by Susan
Moore, as Manager of Hawkeye Trailer Court, LLC.
t MARK JAMES PATERNO —
Notarial Seal - IOWA Notary Public in and for the State of Iowa
Commission No. 779477
My Commission Expires July 22, 2018 (Stamp or Seal)
Title (and Rank)
My commission expires:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on20018 by Curtis H.
Moore, as Manager of Hawkeye Trailer Court, LLC.
I
•� MARK JAMES PATERNO Nota Public in and for the State of Iowa
Notarial Seal - IOWA
Notary
commission No. 779477
My commission Expires July 22, 2016 (Stamp or Seal)
Title (and Rank)
My commission expires:
ppdadM3gVrez18-00002=(002).doc(1705 praise du cNen).doc 7
[Applicant's Signature Page to Conditional Zoning Agreement
regarding 1705 Prairie Du Chien Road, Iowa City, Iowa]
APPLICANT
Ross Nusser
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument was acknowledged before me on �V\ -,!A '-) 11 , 2018 by Ross Nusser.
Nof"P lic in ante State of Iowa
(Stamp or Seal)
Title (and Rank)
My commission expires: '7 )3I ,�A
ppdaEMagfte 18-00002 as (002).dm (1705 preine du W en).dm
(C�c
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ17-00015)
Ordinance No.
An ordinance conditionally rezoning approximately 7.84 acres from
Interim Development Research Development Park (ID -RP) zone to
Planned Development Overlay/Low Density Multifamily (OPD/RM-
12) zone located west of Camp Cardinal Boulevard and east of Deer
Creek Road. (REZ17-00015)
Whereas, the applicant, Cardinal Pointe West, LLC, has requested a rezoning of property located west of
Camp Cardinal Boulevard and east of Deer Creek Road from Interim Development Research Development
Park (ID -RP) to Planned Development Overlay/Low Density Multifamily (OPD/RM-12); and
Whereas, the Comprehensive Plan indicates that this area is appropriate for clustered development to
protect environmentally sensitive features; and
Whereas, the property is located at a highly visible entrance to the city adjacent to Deer Creek Road
and Highway 218 where it is subject to negative effects of noise, fumes and dust from these roadways;
and
Whereas, the Comprehensive Plan contains policies to assure Iong4ern livability of neighborhoods by
buffering between residential development and incompatible uses such as major highways, and
Whereas, the Comprehensive Plan contains policies to preserve and enhance the entranceways to
the city by considering the appearance of new development from major entranceways at the time of
rezoning, 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 buffering from Highway 218 and building and site design appropriate for an entry to Iowa City; 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 Interim
Development Research Development Park (ID -RP) to Planned Development Overlay/Low Density Multifamily
(OPD/RM-12):
PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND PART OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 19 NORTH,
RANGE 7 WEST OF THE 5T" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA AS RECORDED IN
BOOK 56, PAGE 40 IN THE OFFICE OF THE JOHNSON COUNTY, IOWA RECORDER. SAID PARCEL
CONTAINS 7.84 ACRES, SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
Section II. Zoning Mao. The building official is hereby authorized and directed to change the zoning map
of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication
of the ordinance as approved by law.
Section III. Conditional Zoning Agreement The mayor is hereby authorized and directed to sign, and the
City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following
passage and approval of this Ordinance.
Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is
hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the
Ordinance No.
Page 2
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 20_.
MAYOR
ATTEST:
CITY CLERK
p roved b`_�
City Attorneys 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 05/15/2018
Voteforpassage: AYES: Cole, Mims, Salih, Taylor, Thomas,
Botchway. NAYS: Throgmorton. ABSENT: None.
Second Consideration_ 05/29/2018
Vote for passage: AYES: Thomas, Botchway, Cole, Mims.
NAYS: Taylor, Throgmorton. ABSENT: Salih.
Date published
that the
Prepared by: Sylvia Bochner, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5240 (REZ17-00015)
Conditional Zoning Agreement
This agreement is made between the City of Iowa City, Iowa, a municipal corporation
(hereinafter "City") and Cardinal Pointe West, LLC (hereinafter "Owner").
Whereas, Owner is the legal title holder of approximately 7.84 acres of property located
west of Camp Cardinal Boulevard and east of Deer Creek Road; and
Whereas, the Owner has requested the rezoning of said property from Interim
Development—Research Development Park (ID -RP) to Planned Development Overlay/Low
Density Multifamily (OPD/RM-12); and
Whereas, the property is located at a highly visible entrance to the city adjacent to Deer
Creek Road and Highway 218 where it is subject to negative effects of noise, fumes and dust
from these roadways; and
Whereas, the Comprehensive Plan contains policies to assure long -tern livability of
neighborhoods by buffering between residential development and incompatible uses such as
major highways, and
Whereas, the Comprehensive Plan contains policies to preserve and enhance the
entranceways to the city by considering the appearance of new development from major
entranceways at the time of rezoning, and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding sound mitigation for Highway 218, dust control for Deer Creek Road,
pervious surfaces for fire lanes, approval of landscaping plan, and substantial compliance with
site and building plans, 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 mitigation of highway noise and dust from Deer Creek Road, appropriate
landscaping and outdoor open space, pervious surfaces for fire lanes, and compliance with site
and building plans; 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. Cardinal Pointe West, L.L.C. is the legal title holder of the property legally described as
ppdadm/aBVmW-00015 ¢ doc
PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
AND PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 19 NORTH, RANGE 7 WEST OF
THE 5T" PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA AS
RECORDED IN BOOK 56, PAGE 40 IN THE OFFICE OF THE JOHNSON
COUNTY, IOWA RECORDER. SAID PARCEL CONTAINS 7.84 ACRES,
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan. 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 agrees that
development of the subject property will conform to all other requirements of the zoning
chapter, as well as the following conditions:
a. Prior to issuance of a building permit, Owner shall:
i. Obtain approval of a sound mitigation plan, prepared by an acoustical
engineer, from the Building Official prior to the issuance of a building permit for
any buildings within 300 feet of Highway 218 right-of-way;
ii. Owner shall obtain approval of a landscape plan from the City Forrester prior to
issuance of a building permit. Such plan shall include disease -resistant native
trees, shrubs, grasses and forbs. Such plan shall be designed to create a
sound and visual buffer between the development and Deer Creek
Road/Highway 218.
b. Development and maintenance of the subject property shall:
i. conform with the approved sound mitigation plan,
ii. conform with the approved landscape plan,
iii. substantially comply with the Sensitive Areas Site Plan attached hereto and by
reference made part of this agreement, including the provision of decks and
walkways adjacent to the stormwater detention pond as illustrated on said
Plan;
iv. generally comply with building design drawings attached hereto, including the
use of a variety of stone, masonry and siding colors.
c. Any area designated solely as fire lane shall be constructed with a pervious surface
approved by the Fire Marshal and properly maintained accordingly;
d. Dust control must be maintained for Deer Creek Road while Deer Creek Road is open
to traffic.
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
ppdatlMagVrez17-00015 = d=
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
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
A �oved by-
City Attorney's Office
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
20_
M -
in
This instrument was acknowledged before me on
20_ by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Sea[)
ppdadm/agUmZ17-00015 c Ax 3
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
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_
City of Iowa City PaN'rE AJEsT,f L..1.G
Jim Throgmorton, Mayor
Attest:
Kellie Fruehling, City Clerk
Approved by:
City Attorney's Office
City Of Iowa City Acknowledgement:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
0
By:
This instrument was acknowledged before me on , 20_ by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
Notary Public in and for the State of Iowa
(Stamp or Sea[)
Title (and Rank)
ppdadMagVrez17-00015r .dw 3
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)
Cardinal Pointe West, LLC Acknowledgment:
State of 4J-kM--
County Ofr'
This record was acknowledged before me on n1" I6TL ?Q (Date)
by Ttfr�-\ t„ J 4d&IL%-2 (Name(s) of indhh ual( ) as
Wta'r0e' (type of authority, such as officer or trustee) of
a5- eo vi+p- r L LC� (name of party on behalf of whom record
was executed). t
Public in and for the State of Iowa
(Stamp or Seal) f SUSAN K. FORINASH
Title (and Rank)
My commission expires: I 1 �
ppdadMagYre 17-00015=,dw 4
PLANNED DEVELOPMENT OVERLAY REZONING AND SENSITIVE AREA SITE PLAN FOR
THE GROVE
IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA
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To: Planning and Zoning Commission
Item: REZ17-00015
The Grove
GENERAL INFORMATION:
Applicant:
Contact:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Comprehensive Plan:
Neighborhood Open Space District:
File Data:
45 Day Limitation Period:
BACKGROUND INFORMATION:
STAFF REPORT
Prepared by: Sylvia Sochner, Planning Intern
Date: March 1, 2018
Cardinal Pointe West, LLC
755 Mormon Trek Blvd
Iowa City, IA 52244
319-337-4195
jwaddilove@SouthGateCo.com
Brian Vogel
Hall & Hall Engineers, Inc
1860 Boyson Road
Hiawatha, IA 52233
819-362-9548
brian@halleng.com
Rezone from Interim Development – Research Park
(ID -RP) to Low Density Multi -family Residential (RM -
12)
To allow the development of 108 multifamily dwelling
units in 3 buildings
West of Camp Cardinal Boulevard and northeast of
Deer Creek Road
7.84 acres
Undeveloped, Interim Development—Research Park
North:
Undeveloped, ID -RP
South:
Hwy 218 and National Guard, P-2
East:
Undeveloped, ID -RP
West:
Hwy 218 and Rural Residential, RR -1
Conservation Design --Clear Creek Master Plan
Clear Creek
February 7, 2018
March 24, 2018
The applicant, Cardinal Pointe West, LLC, is requesting approval for the rezoning of 7.84 acres of
land from Interim Development—Research Park (IDAP) zone to Low Density Multi -Family
Residential (RM -12) zone to allow for the development of 106 multi -family residential units in 3
05-29-1 S
6c
2
buildings. Because of environmentally sensitive features on the property, administrative approval of
a Sensitive Areas Plan is required.
This area was annexed into the city between 1969 and 1972. Since 1983, the area has been zoned
Interim Development—Research Park (ID -RP) to reflect the possible development of an office park
along Highway 218. In May 2002, the City Council signed a Memorandum of Understanding for the
Clear Creek Master Plan including a concept that envisioned "conservation -type" development,
including office park and residential development in the area surrounding Camp Cardinal Boulevard.
Good Neighbor Policy: The applicant has not indicated whether they will use the Good Neighbor
Policy. The subject property is surrounded by land that is currently undeveloped and under the
ownership of the applicant.
ANALYSIS:
Current zoning: The area is zoned as Interim Development—Research Park (ID -RP). This zone
is intended for areas of managed growth in which agricultural and other nonurban uses of land
may continue until the city is able to provide services and urban development can occur.,The
interim development zone is the default zoning district to which all undeveloped areas should be
classified until city services are provided: Upon provision of city services, the City or the property
owner may initiate rezoning to zones consistent with the comprehensive plan, as amended.
Infrastructure is now in place to allow development.
Proposed zoning: The Low Density Multi -Family (RM -12) zone includes both high density single-
family housing and low density multi -family housing to provide a diverse variety of housing options.
Because of this mixture, attention to site and building design is important in this zone to ensure that
these housing types are compatible with one another.
The applicant has submitted a Sensitive Areas Site Plan that shows 3 multi -family buildings, which
contain a total of 108 1- and 2 -bedroom units (36 units per building). Each building has the same
dimensions and will likely have similar architectural design. All three buildings will have access from
a driveway off Deer Creek Road with parking provided under the building and in the surface lot
located between buildings. The zoning ordinance indicates that multifamily buildings should be
oriented with at least one fagade facing a public or private street or an interior courtyard. Due to
sensitive features on the property and steep slopes on the Camp Cardinal Boulevard frontage, it
may be impractical for development on this property to meet this standard. The applicant may apply
for a minor modification according to Section 14-213-6 of the Zoning Code to waive this requirement.
Comprehensive Plan: This property is located within the Northwest Planning District, one of two
districts for which a detailed plan has not been drafted. IC2030: The Comprehensive Plan Update
identifies this area as suitable for "Conservation. Design" and refers to the Clear Creek Master
Plan. The Clear Creek Master Plan indicates that the areas adjacent to Highway 218 are
appropriate for office park or research uses to buffer residential uses from the noise and fumes
produced by the highway. The 1997 Comprehensive Plan recognized that with the establishment
of the Oakdale Campus north of Interstate 80, the development of addition office and research
uses in this area may not be realistic. The plan also recognized the topographical and
infrastructural limitations of the area, and therefore; supported clustered developmept that would
result in pedestrian friendly neighborhoods with minimal disturbance of the sensitive
areas.
Compatibility with neighborhood: While adjacent properties are currently undeveloped, a
preliminary plat was recently approved for property north of the subject site, which. includes a mix
of single-family, duplex, and multi -family lots. This area is separated from the subject area by a
stormwater detention pond. The surrounding area also includes other single-family and duplex
development as part of the Cardinal Pointe West subdivisions. The proposed multi -family
X 3
buildings would be separated from the existing residential neighborhood by Camp Cardinal
Boulevard.
The proximity to Highway 218 poses compatibility issues with residential uses. Iowa City's
subdivision regulations address health issues associated with noise and air pollution produced by
major roadways by requiring a minimum 300' buffer between Highway 218 and residential
development. Because this application is for a rezoning, rather than a subdivision, the regulation
does not apply. However, a condition may be attached to the rezoning in order to address the
concerns associated with. the proximity to Highway 218. Staff recommends this rezoning be
conditioned upon approval of a plan signed by an acoustical engineer prior to issuance of a
building permit to ensure that roadway noise is mitigated in the interior of the buildings for any
buildings located within 300 feet of the right-of-way of the highway. This plan should include sound
mitigating construction techniques, such masonry construction and sound -dampening windows,
along with the planting of trees to form a buffer between the highway and buildings.
Environmentally Sensitive Areas: The property contains steep and critical slopes and
woodlands. The Sensitive Areas Site Plan indicates that the development will disturb 38.1% of
steep slopes, 20.9% of critical slopes, and 18.6% of woodland areas. The plan shows
development clustered on the northern portion of the lot, to allow for the preservation of slopes
and woodlands on the southern portion of the lot. The Sensitive Areas Site Plan includes
construction limits that indicate the portion of the lot that may be developed. A landscaping plan
shows where trees and shrubs will be planted within the development area, including 5 trees
provided in the parking area and 6 street trees provided along Camp Cardinal Boulevard.
Traffic implications: Access to the development will be provided via a driveway off Deer Creek
Road. Existing road infrastructure, which is improved to City standards up to the driveway, will be
sufficient to serve the proposed density of the development. North of the proposed driveway, Deer
Creek Road is unimproved and dead ends at River Products quarry property located in Coralville.
Developable land to the north will not connect into Deer Creek Road, therefore the extension of
right-of-way improvements to the street and extension of sidewalk north of the driveway are not
recommended by staff.
The site plan shows the provision of 171 parking spaces, which is the minimum requirement based
on the proposed number of 1- and 2 -bedroom units. The majority of these spaces will be provided
in structured parking provided on the lower level of each building.. These spaces will be accessed
through rear drives on the two northern buildings and through an entrance on the front of the
southern building. No overflow parking is provided on site.
Fire: The fire department has indicated that wider drive lanes (26 feet) are required throughout
the site in order for fire apparatus to reach the height of the proposed buildings.
Summary: Overall, the proposed rezoning of the subject area to Low -Density Multi -family
Residential (RM -12) in order to develop 108 units of multifamily housing located in 3 buildings is
appropriate, as long as the applicant ensures that the effects of highway noise are mitigated for the
interior of these buildings. Although the Clear Creek Master Plan designated this area for office use
to buffer nearby residential uses, the Comprehensive Plan states that demand for office space may
be limited.
STAFF RECOMMENDATION: Staff recommends deferral of this application pending resolution of
deficiencies noted below.
Upon resolution of these items, staff would recommend approval of REZ17-00015, a rezoning of
7.84 acres of land from Interim Development - Research Park (ID -RP) zone to Low Density Multi-
family (RM -12), subject to a condition that sound mitigation is provided through a plan from an
4
Upon resolution of these items, staff would recommend approval of REZ17-00015, a rezoning of
7.84 acres of land from Interim Development - Research Park (ID -RP) zone to Low Density Multi-
family (RM -12), subject to a condition that sound mitigation is provided through a plan from an
acoustical engineer, to be approved prior to issuance of a building permit for any buildings located
within 300 feet of the right-of-way of Highway 218.
DISCREPENCIES:
1. If the buildings are taller than 30', fire code requires 26' access lanes, with at least one
of these access routes between 15' and 30' from each building and positioned parallel to
one entire side of the building.
2. All drives must be set back at least 10' away from the buildings.
3. The landscaping plan must show which existing trees will be used to meet the street tree
requirements. A legend should be included showing the species of existing and
proposed trees.
ATTACHMENTS:
1. Location Map
2. Sensitive Areas Site
Approved by:
Kent Ralston, Acting Director
Department of Neighborhood and Development Services
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CITY OF IOWA CITY
MEMORANDUM
Date:
March 15, 2018
To:
Planning and Zoning Commission
From:
Sylvia Bochner, Planning Intern
Re:
REZ17-00015
At the March 1 meeting of the Planning and Zoning Commission, Commissioners requested
clarification on the language used in the Clear Creek Master Plan regarding appropriate land
uses for property located west of Camp Cardinal Road and northeast of Deer Creek Road. The
Clear Creek Master Plan states the following:
A. Configuration: The concept of the development is to locate nonresidential, i.e.
commercial, office and retail, at major intersections and along higher volume
traffic routes. The southwest facing slopes adjacent to Highway 218 represent a
good location for office park/research type uses and could provide a good image
along the "technology corridor" (loosely defined as the corridor along U.S.
Highway 218 between Iowa City and Cedar Rapids) and buffer residential uses at
the interior of the site. Multi -family residential such as apartments and high-rise
condominiums would be used in the transition to single family residential use.
The single-family size of lot would increase, transitioning to the existing larger
lots along Kennedy Parkway to the east of the site. Commercial conveniences
and services for the neighborhood would be provided at the octabout which is
further defined later.
B. Density: Based on the intrinsic characteristics of the wooded slopes and
drainageways that so distinctly define this site, it is to the public benefit to work to
preserve these qualities. In order to maintain significant areas that will not be
disturbed and yet achieve development densities that will be economically viable,
Southgate Development would like to create a "conservation -type" development.
This would mean the development would be looked at as a whole, including the
sensitive areas. The total units or square footage would be tallied based on that
assumption. The density of the actual developed area would be higher but would
be supported by larger interconnected open spaces. This would make initial and
long-term infrastructure costs affordable and sustainable.
This concept will reduce the "urban sprawl' impact of large lot residential
development. This particular landscape is suited to denser housing and
commercial development combine with large areas of public open space and
amenities. This is similar to the downtown and University landscapes,
Attached is a concept map from the Clear Creek Master Plan that shows potential land uses for
this area.
Following the March 1 P&Z Commission meeting, the applicant submitted revised site plans that
include the following (attached):
1. Added a note regarding dust control on Deer Creek Road. Owners have an agreement
in place with the quarry to provide dust control.
2. Added 3 patios outside each building, which will include grills and picnic tables, as
shared outdoor amenities. They indicated that owners may install pergolas over the
patios as well.
March 9, 2018
Page 2
3. Detailed landscape plans that include plant species and landscaping above and beyond
the minimum requirement, including 3 rows of evergreens along the west property line,
one row of trees in the ROW (which need City approval prior to installation), site shrubs
with species listed, and clearly defined existing woodlands.
As noted at the March 1 meeting, the deficiencies listed in the previous staff report have been
resolved.
Attachments:
1. Clear Creek Master Plan Concept Map
2. Site plans
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CITY OF IOWA CITY
MEMORANDUM
Date:
April 5, 2018
To:
Planning and Zoning Commission
From:
Bob Miklo, Senior Planner
Re:
REZ17-00015
This application was deferred from the March 15 meeting. The applicant has submitted a new
site plan and requested that the application be amended from a rezoning from Interim
Development Research Development Park (IDRP) zone to Low Density Multifamily (RM -
12) zone to also include a Planned Development Overlay to allow an increase in building height.
The revised site plan shows an increased setback and landscaping area along the west side of
the property to create a better buffer from Deer Creek Road and Highway 218. The minimum
setback has increased from 35 feet to 67 feet. To achieve the greater setback the applicant is
proposing to adda fourth residential floor to buildings B and C (the northern buildings) to allow a
smaller building footprint. The buildings would also contain a lower floor partially below grade for
parking. Building A would remain at 3 stories plus a partial 4t" floor which would contain parking
under the building.
As a result of the increased set back, buildings A and B would be approximately 230 from the
right-of-way of Highway 218. Within the increased setback the landscape plan shows
evergreen trees.
The revised plan also includes 4 deck structures that would provide outdoor space overlooking
the pond that is located to the north of this property. A sidewalk is proposed to provide a
pedestrian connection between the buildings and the deck space.
The applicant has requested approval of a Planned Development Overlay (OPD) to allow
buildings B and C to be increased in height. The standard height limit in the RM -12 zone is 35
feet, or generally 3 stories above grade. Section 14-213-4 of the zoning code allows for the
maximum height to be increased, provided that for each foot of height increase above the height
standard, the front, side, and rear setbacks are each increased by an additional 2 feet. With the
increased setbacks proposed on this plan, building A may have a maximum height of 64 feet; it
is proposed to be approximately 50 feet tall. Building B is allowed a height of 58 feet; it is
proposed to be approximately 60 feet tall. Building C is allowed a height of 50 feet; it is
proposed to be approximately 60 feet tall. The result is a 2 foot height increase above what is
allowed in the RM -12 zone for building B and a 10 foot height increase for building C.
Section 14-3A-4 of the zoning code allows consideration of variations in the dimensional
requirements including building height in order to facilitate the provision of desired neighborhood
amenities or open space; to preserve or protect natural, historic, or cultural features; to achieve
compatibility with surrounding development; or to create a distinctive or innovative
neighborhood environment for area residents. The maximum building height may be modified or
waived, provided the design of the development results in sufficient light and air circulation for
each building and adequate, accessible open space for all residents of the development.
March 30, 2018
Page 2
The criteria for review of a Planned Development Overlay Plan are:
1. The density and design of the Planned Development will be compatible with and/or
complementary to adjacent development in terms of land use, building mass and
scale, relative amount of open space, traffic circulation and general layout.
2. The development will not overburden existing streets and utilities.
3. The development will not adversely affect views, light and air, property values and
privacy of neighboring properties any more than would a conventional development.
4. The combination of land uses and building types and any variation from the
underlying zoning requirements or from City street standards will be in the public
interest, in harmony with the purposes of this Title, and with other building regulations
of the City.
Staff is reviewing the recently submitted OPD plan and hopes to present additional comments at
the April 5 meeting.
An OPD rezoning requires the submittal of elevation sketches to indicate the design and
materials of the buildings. The original application included sketches of 3 story buildings. The
applicant has indicated that they are working on revised sketches to show the taller buildings.
They anticipate submitting the revised sketches before the April 5 meeting.
Attachment:
Revised site plan
PLANNED DEVELOPMENT OVERLAY REZONING AND SENSITIVE AREA SITE PLAN FOR
THE GROVE
IN THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA
UTILITY AND EMERGENCY TELEPHONE NUMBERS
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CITY OF IOWA CITY
Z-% MEMORANDUM
Date:
April 19, 2018
To:
Planning and Zoning Commission
From:
Bob Miklo, Senior Planner
Re:
REZ17-00015
This application was deferred from the April 5 meeting. The applicant is preparing alternative
building designs. Two alternative designs are attached. Additional designs will be submitted
before the April 19 Planning and Zoning Commission meeting.
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Planning and Zoning Commission
March 1, 2018—Formal Meeting
Page 5 of 10
Dyer expressed a concern that the applicant had not presented a plan for relocation or a plan
for how he would develop the property. She said it makes it difficult for the Commission to
make a decision when there are so many unknowns.
Signs indicated that they felt they could make a better recommendation in terms of relocation
plan if they had some idea from the developer and the currents residents what the needs were
and what the developer felt he could reasonably afford. Commissioners acknowledged that
redevelopment was a matter of time and that everyone involved was trying to be fair. Freerks
stated that there was a need to know how this new development would fit into the neighborhood
and that usually such re -zonings were accompanied by a concept plan of some sort. She
understood that the applicant had the best of intentions and was sensitive to the neighborhood
but that the Commission had been disappointed by some developments in the past and this
would be the first multi -family in this neighborhood so it was important to get it right.
Nusser reiterated his willingness to come forward with a plan and requested to defer to March
15. He stated that there were two issues: the redevelopment of the property and the difficult
circumstance of relocating the residents and that he wished to address both.
Hensch moved to recommend approval of deferring REZ18-00002 until the March 15
meeting.
Signs seconded the motion.
A vote was taken and the motion passed 7-0.
---> 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 (IDRP) to Low
Density Multifamily (RM -12) located west of Camp Cardinal Boulevard and east of Deer Creek
Road.
Bochner stated this property is currently zoned Interim Development Research
Development Park (I DRP) which is a designation given to undeveloped land when that land
does not have the infrastructure necessary for development. At this time infrastructure is in
place for this property so it is appropriate to rezone but the Interim Development -Research
Park indicates that was a foreseen use. The proposed zoning for this lot is Low Density
Multi -Family (RM -12) which allows for both high density single- family housing and low density
multi -family housing to provide a diverse variety of housing options. Because of this mixture,
attention to site and building design is important in this zone to ensure compatibility. The
applicant has submitted a Sensitive Areas Site Plan that shows three multi -family building on
this parcel which contain a total of 108 1- and 2 -bedroom units (36 units per building). All three
buildings will have access from a driveway off Deer Creek Road with parking provided under the
building and in the surface lot located between buildings. Bochner showed images of the
current state of the property and then the proposed sensitive areas site plan. The zoning
ordinance indicates that multifamily buildings should be oriented with at least one facade facing
a public or private street or an interior courtyard. As shown currently this proposal doesn't meet
that standard but the applicant indicated they will apply for a minor modification due to sensitive
features on the property and steep slopes on the Camp Cardinal Boulevard frontage.
Planning and Zoning Commission
March 1, 2018—Formal Meeting
Page 6 of 10
Bochner stated that with regards to the Comprehensive Pian, this property is located within the
Northwest Planning District, one of two districts for which a detailed plan has not been drafted
and instead refers to the Clear Creek Master Plan which was adopted in 2002. This Master
Plan indicates that the areas adjacent to Highway 218 are appropriate for office park or
research uses to buffer residential uses from the noise and fumes produced by the highway.
However the 1997 Comprehensive Plan recognized that with the establishment of the Oakdale
Campus north of Interstate 80 there might be limited need for additional offices and research
uses in this area. The plan also recognized the topographical and infrastructural limitations of
the area, and therefore, supported clustered development that would result in pedestrian
friendly neighborhoods with minimal disturbance of the sensitive areas.
In terms of capability with the neighborhood, the majority of the property surrounding this area is
currently undeveloped, there is a subdivision just north of this area that will have a mix of
housing types. The proximity to Highway 218 poses compatibility issues with residential uses.
Iowa City's subdivision regulations address health issues associated with noise and air pollution
produced by major roadways by requiring a minimum 300' buffer between Highway 218 and
residential development. Because this application is for a rezoning, rather than a subdivision,
the regulation does not apply. However, a condition may be attached to the rezoning in order to
address the concerns associated with the proximity to Highway 218. Staff recommends this
rezoning be conditioned upon approval of a plan signed by an acoustical engineer prior to
issuance of a building permit to ensure that roadway noise is mitigated in the interior of the
buildings for any buildings located within 300 feet of the right-of-way of the highway. This plan
should include sound mitigating construction techniques, such masonry construction and sound -
dampening windows, along with the planting of trees to form a buffer between the highway and
buildings.
Bochner noted this site has sensitive areas including steep and critical slopes and woodlands.
Bochner stated that the Commission had been given revised plans that have come in after the
staff report was drafted, so there have been some changes to the amount of sensitive areas that
will be disrupted due to the calculations to the sensitive areas. In the new plans, 45.7% of the
steep slopes on the property being disturbed, 19.6 % of critical slopes, and 29.5% of
woodlands. The Sensitive Areas Site Plan includes construction limits that indicate the portion
of the lot that may be developed. A landscaping plan shows where trees and shrubs will be
planted within the development area.
With regards to traffic implications, existing road infrastructure, which is improved to City
standards up to the driveway on Deer Creek Road, will be sufficient to serve the proposed
density of the development. North of the proposed driveway, Deer Creek Road is unimproved
and dead ends at River Products quarry property located in Coralville. Developable land to the
north will not connect into Deer Creek Road, therefore the extension of right-of-way
improvements to the street and extension of sidewalk north of the driveway are not
recommended by staff. In terms of parking, the site plan shows 171 parking spaces which is the
minimum requirement based on the proposed number of units. The majority of these spaces
will be provided in structured parking provided on the lower level of each building with the rest in
a surface lot between the buildings.
Bochner also noted another change in the plans that were distributed to the Commission this
evening is that the fire department requires a wider driveway (minimum 26 feet) to
accommodate for fire apparatus to reach the height of the proposed buildings, which has been
satisfied in the updated plan. Overall, the proposed rezoning of the subject area to Low -Density
Planning and Zoning Commission
March 1, 2018—Formal Meeting
Page 7 of 10
Multi -family Residential (RM -12) is appropriate provided that the applicant ensures that the
effects of highway noise are mitigated forthe interior of these buildings. Although the Clear Creek
Master Plan designated this area for office use to buffer nearby residential uses, the
Comprehensive Plan states that demand for office space may be limited and residential use may
be an alternative use.
Freerks asked if the Comprehensive Plan does state that residential may be another
appropriate use. Bochner said the Plan says "conservation development". Miklo noted Staff
can check to see exactly what the Comprehensive Plan states for that area. He knows it clearly
states office use is preferred up against the highway but the previous Plan did indicate there is
limited demand for such office use.
Staff recommends approval of this application with the condition that sound mitigation is
provided through a plan approved by an acoustical engineer prior to any building permit being
approved.
Freerks asked if they are providing any visitor parking. Miklo replied that they are providing the
minimum parking required, but in the parking requirements in the zoning code assume that
visitor parking is included in the minimums.
Parsons asked if there were any planned improvements for Deer Creek Road. Miklo said staff
anticipates Deer Creek Road will end at this property and all of the development in that area will
be served off Kennedy Parkway.
Hensch added the dust from the gravel on Deer Creek Road could be an issue for residents.
Miklo said the Commission could add a condition to having to treat the unpaved road to mitigate
that issue.
Hensch also stated that the landscape plan doesn't list the species of trees to be used, nor
anything about shrubbery requirements. Theobald added with the number of trees and shrubs
mentioned on the plan there is not enough to mitigate noise and dust issues.
Martin asked about the 300 feet buffer, what is the current requirement. Miklo stated that if this
were a subdivision there would be a requirement for a 300 foot buffer between any residential
building and Highway 218. This is a rezoning of only one parcel so there is not automatically a
300 foot buffer, however the Commission could put a condition on the rezoning although staff is
recommending other conditions to mitigate sound issues.
Freerks opened the public discussion.
Brian Vogel (Hall & Hall Engineers, Inc.) stated that all the buildings will look similar, and in the
same color scheme with the brick and colors of the siding. The developer has agreed to use the
sound mitigating materials and construction techniques, and will get an acoustical engineer in to
do a study before construction and incorporate that into the building plans.
Martin asked about the balconies and how the sound will be dealt with on the balconies. Vogel
said the sound mitigation is for inside the buildings.
Vogel stated that their landscape architect has contacted Julie Tallman at the City. With the
detailed plan of materials used in the construction, there would also be a detailed landscaping
plan that also needs to be approved by the City.
Planning and Zoning Commission
March 1, 2018—Formal Meeting
Page 8 of 10
Signs said that because this project is so close to the road a more detailed tree and shrubbery
plan would improve the livability for the people there and help the Commission agree to this
rezoning. Vogel said the existing woodlands that would be preserved would help with dust and
mitigation.
Freerks is concerned about this proposal and that there won't be any sustainable long-term
neighborhood feel here because nobody is going to want to be that close to the interstate. She
acknowledges it is a tough piece of property and reflects that is why the Comprehensive Plan
laid out what is appropriate in that area. She is not saying residential cannot work, but she does
have concerns, there are no amenities outside, and it appears that one is just trying to squeeze
as much as they can into an oddly shaped lot with steep slopes and wooded areas right next to
an interstate. She does not have problem with multi -family in that area, this proposal just brings
her pause.
Martin noted they have an opportunity here to help give the community that we live in something
that really works and can be sustained over time.
Vogel stated that the developer is trying to create affordable housing and that is why they are
proposing the density.
Martin asked if these will be one and two bedroom units only. Vogel confirmed that is correct.
Signs noted he is not as concerned as others, noting this is a difficult parcel and there is no
commercial or office that will go there as all surrounding properties are residential.
Hensch agreed that this parcel is an island so to make it more inviting there does need to be a
courtyard or outside amenities to attract residents to want to live there. He said he like the
building design, but would like to see more variety rather than thee identical buildings.
Theobald noted her concern is the sound, she lives on that side of town and quite a bit away
from the interstate and can hear it at her house all night long, even with windows closed. There
needs to be a windbreak line of trees. She would like to see a detailed landscape plan before
approval.
Martin stressed as this is near an access point to Iowa City the need to maintain the
beautification of the area.
Signs added he likes the building design, he thought they might want to add a trail connection or
overlook at the pond, someplace for the residents to go and enjoy the view. He felt that the pond
could be turned into an amenity that the project currently lacks.
Dyer added that having a walking trail around the property could be one amenity, adding a
playground, and it seems like if the buildings weren't so big they could be away from the 300
foot buffer zone and deal with the sound that way. Dyer also asked if there was a fire
department turnaround along the driveway to the north. Miklo said the fire department did look
at this and approved the layout.
Miklo reiterated the direction the Commission is asking the applicant and staff to review prior to
approval. (1) More of a buffer to the interstate; (2) there needs to be some form a amenity,
possibility using the pond; (3) dust mitigation; (4) possibility smaller buildings to get them further
away from the highway; (5) detailed landscape plan; (6) and possibility different color schemes
on each building.
Planning and Zoning Commission
March 1, 2018—Formal Meeting
Page 9 of 10
Freerks noted that to make a quality community addressing these concerns are important.
Signs said it is important to establish a precedent so that developers come forward with good
plans. Freerks said that Commission used to get more thorough information. She realizes that
staff has been limited and is down two staff people. Dyer expressed a concern that some
applicants have been submitting limited information about their plans, while others submit
comprehensive plans that give the sense of what will be built. The Commission agreed that it
would like to see adequate information on the applications they review.
Freerks closed the public discussion.
Parsons moved to defer item REZ17-00015 to the March 15, 2018 meeting.
Hensch seconded the motion.
A vote was taken and the motion passed 7-0.
PLANNING AND ZONING INFORMATION:
Dyer and Hensch noted that they would not be at the March 15 meeting. Miklo noted that
Martin would be attending the American Planning Association Conference in New Orleans in
April.
ADJOURNMENT:
Theobald moved to adjourn.
Parsons seconded.
A vote was taken and motion carried 7-0.
Planning and Zoning Commission
March 12, 2018 —Work Session
Page 2 of 6
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 (IDRP) 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 that at the last Commission meeting there were questions about the exact
language that was used in the plans so she provided in a memo to the Commission an excerpt
from the Clear Creek Master Plan that gives specifics on the language used for that area.
Bochner also shared the image that indicates the proposed land uses in that area. Bochner
stated the City also received some updates to the plan from the applicant, they added a note to
the plan regarding the dust control on Deer Creek Road, they said the owners have an
agreement in place with the quarry to provide dust control twice per year. Bochner noted that to
address the concerns regarding open space, the applicant has added three patios, one outside
each building.
Freerks asked if those would be concrete patios and Bochner was unsure what the material
proposed would be. Freerks would like to have more details on that. Bochner said the
applicant plans to include grills and picnic tables as well as possibly pergolas over the patios.
Bochner also added the City has received a more detailed landscape plan that shows all of the
plant species and landscaping above and beyond the minimum requirement. It also has the
three rows of evergreens between the right-of-way and the site. Miklo added that the
evergreens will require approval of the City Forrester to have them placed in the right-of-way
because anything planted in the City right-of-way they become City plantings for the City to
maintain. The City Forrester did point out that given the elevations (this is going uphill)
plantings in the right-of-way, even when mature, won't likely be high enough to screen the
building or buffer the view from the highway. Miklo feels they will know by the meeting
Thursday if the City Forrester is willing to take on these plantings.
Theobald noted that one of the species indicated will probably require treatment with fungicide
yearly otherwise it will lose the bottom growth and therefore its effectiveness as a screen is
negotiable.
Bochner stated that the deficiencies listed in the previous staff report have been resolved.
Freerks asked if they could not only include the language from the Clear Creek Master Plan but
also the Master Plan update from 2013, specifically the language on the buffer for residential
property and compatible uses to ensure the long-term livability of neighborhoods, provide
sufficient buffers between residential development and land uses and activities such as waste-
water treatment plant, Interstate 80 and Highway 218, and the landfill. Freerks feels that is an
important piece of information.
Dyer asked about the size of the patios. Bochner said the plan does not list dimensions. Miklo
calculated at a quick glance they appeared to be approximately 45' by 15'. Parsons feels the
patios won't be appreciated by the people who will live with it right outside their windows.
Freerks and Signs both indicated it was not what they envisioned when they asked for
community space. Signs stated it is just basically an extension of the concrete parking areas.
Freerks suggested staff relay to the applicant that will be a concern at the meeting Thursday.
Parson added that the Commission had suggested integrating the open space with the lake
Planning and Zoning Commission
March 12, 2018 — Work Session
Page 3 of 6
nearby and that was not taken in consideration. Miklo said the applicant can address the open
spaces on Thursday, however they did point out they are adding considerable amount of
sidewalk and that sidewalk will get to the lake eventually.
Theobald noted that another one of the screening trees will lose its foliage from a fungus in the
summer and she also stated there are no suppliers in this area that carry that particular tree.
Signs added there seems to be a disconnect between landscape architects and the nursery
industry and product availability.
REZONING ITEM (REZ18-00002):
Discussion of an application submitted by Ross Nusser fora 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.
Miklo stated the applicant has asked for a deferral until April to have more time to come up with
a plan.
These are applications submitted by the Historic Preservation Commission for a rezoning to
designate the property as an Iowa City Historic Landmark.
Miklo said that six out of seven of these properties were identified by the Historic Preservation
Commission. If the Commission recalls, when the Dubuque Street cottages were in a rezoning
process the Historic Preservation Commission was criticized for waiting too long to declare them
landmarks and therefore they were demolished. Therefore the Historic Preservation
Commission has proactively gone out and looked for other properties that might be endangered
but also meet the historic preservation guidelines and eligible for the national registry. All of the
applications, other than REZ18-00011, were in that identification process noted as being eligible
for the national registry and because of their location close to downtown or near a commercial
area may be threatened in the future. Historic Preservation Commission plans to come forward
with others as well, these were the ones they felt were most critical at this time.
In terms of the Planning & Zoning Commission role, the Ordinance is very specific that it is up to
the Historic Preservation Commission that they meet historic architecture and criteria, the
Planning & Zoning Commission reviews the Comprehensive Plan and haw these proposals
comply with the Comprehensive Plan. In addition to the main Comprehensive Plan there is a
Historic Preservation Plan and several of these properties fall in the Central District Plan which
specifically discusses properties that fall into historical preservation. The Zoning Code does
provide incentives to preserving all these homes and the Board of Adjustment can waive certain
zoning requirements to allow uses that would not otherwise be allowed to preserve these
homes.
The first one is on Park Road and Lexington Drive in the Manville Heights neighborhood, the
building was recently listed on the National Registry of Historical Places, and it was built by a
physician associated with the founding of The Children's Hospital at the University of Iowa in the
early part of the last century. The owner is seeking the designation of landmark as his concern
is he won't own it forever and he wants to make sure this special property is preserved over
time.
Planning and Zoning Commission
March 15, 2018
Page 3 of 23
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 Diomann (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 1/1 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 (IDRP) 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
March 15, 2018
Page 4 of 23
location for office park/research type uses and could provide a good image along the
"technology corridor" and buffer residential uses at the interior of the site. Multi -family residential
such as apartments and high-rise condominiums would be used in the transition to single family
residential use." Bochner notes the Clear Creek Master Plan also discusses the density of this
area and talks about a conservation -type development that would allow for the preservation for
some of the natural features by clustering density. Bochner stated there is a goal in the
Comprehensive Plan that talks about buffering residential development from incompatible uses
and that goal discusses specifically Highway 218 as one of those uses where it is important to
buffer residential uses.
Bochner noted that since the March 1 meeting, the applicant has also submitted some changes
to the plan. The first is adding a note regarding dust control on Deer Creek Road. Owners have
an agreement in place with the quarry to provide dust control. Second, they have added 3 patios
outside each building, which will include grills and picnic tables, as shared outdoor amenities.
They indicated that owners may install pergolas over the patios as well. Final change is a more
detailed landscape plans that include plant species and landscaping above and beyond the
minimum requirement, including three rows of evergreens along the west property line, one row
of trees in the right-of-way (which need City approval prior to installation), site shrubs with
species listed, and clearly defined existing woodlands.
Bochner noted that the deficiencies listed in the March 1 meeting have been resolved so Staff is
recommending approval.
Freerks asked about the rows of evergreens in the right-of-way and if the City Forrester has
agreed to allow that. Miklo said he has not heard back from the City Forrester, but if the
evergreens are allowed, but if they are allowed the applicant would likely be responsible for
maintaining them as the City will not be able to do so.
Freerks opened the public hearing.
Susan Fornash (Hall & Hall Engineers) came forward to address any questions the Commission
has, she believes they have addressed all the previous concerns with the revised site plan.
Parsons asked about the pond near the property and if there would be any connection. Fornash
said they did add a lot of sidewalks onto the site but with some of the grade changes and
wooded areas they were unable to connect the sidewalks or trails to the pond.
Freerks shared her disappointment with how the patios appear to have just become extensions
of the parking lots and feels the patios won't be utilized and may just be annoyances for the
tenants next to them. She notes that everything is so compact in this plan, so they can fit the
density into the small area, and also is still concerned that these buildings will be so close to the
interstate. The Comprehensive Plan states "to help ensure the long-term livability of
neighborhoods, provide sufficient buffers between residential development and land uses and
activities such as waste -water treatment plant, Interstate 80 and Highway 218, and the landfill."
and she just doesn't see this property being sufficiently buffered. The reason the Plan calls for
commercial in this area is for the buffer, she understands that commercial may not be valid in
this area and cannot be sustained, but feels the scale of this project makes it so close to the
highway and would like to see all the buildings being past the 300 foot buffer. Fornash
explained they do need to encroach into the buffer due to the heavily wooded nature of the lot
and the desire to preserve as many trees as possible.
Planning and Zoning Commission
March 15, 2018
Page 5 of 23
Martin asked about the market research done to decide how many units to build and the design,
did they identify who the clientele would be and how that clientele fits into this design. Fornash
said the majority of the units are one -bedroom apartments, and the market shows a need for
that, as well as the affordability.
Jason Walton (Walton Builders) stated the partner that does most of their market research is
currently in Florida but he will try to answer the questions. First, they thought it would be a good
location given the elementary school close by, the access to the interstate was a draw, and the
location is relatively close to the University Hospitals. Walton also noted they will market to
Baby Boomers, there are a lot of people that are moving back to this area to be close to the
hospital. The original plan was maybe a 30 unit but when they decided to add more single
bedroom units the density increased.
Freerks asked if they are all single bedroom units. Walton replied they are not all single unit, it
is a mix. But they added the single units to accommodate single people because there is a
good market for those, especially in this area. Walton noted that after meeting with City Staff
originally they felt this density would be appropriate for the area. They feel the area is up and
coming, they have other developments down the road that support the need for this area as
well, so it seems like it is a good fit.
Freerks noted that a concern is the buffering has to be in the City right-of-way, it is that close to
the highway and that buffer has not been approved by the City Forrester at this time. Walton
noted that in terms of buffering sounds from the interstate they are using special insulation on
the exterior and in windows to keep the units quiet. In terms of the tree buffer in the right-of-way
that may not even help with the sound as much it is more for a visual buffer. He noted that
further down the highway (to the south) there is a development of single-family houses and
some multiplex units that have zero buffering. Miklo stated those areas were developed prior to
2008 when the City adopted the subdivision regulations that require a 300 foot buffer for any
residential subdivision near a four -lane highway. Miklo added that this application is not a
subdivision so it is not automatically subject to that setback unless it is added as a condition on
a conditional zoning agreement.
Walton acknowledged that living next to a highway or area with high traffic is not ideal due to
sound but it is something people do and get used to. He wants the tree buffer more aesthetics
to the area, not for sound, as on the east side of the property there are gorgeous oak trees. He
added that in their plans they have made some accommodations regarding the critical grades
by moving the parking lot back and to preserve as many trees as possible.
Freerks asked about those trees and preservation. Miklo said it is a woodland and they are
required to preserve a percentage and the applicant meets that requiriement.
Walton added that in terms of the patios he agrees that perhaps they aren't in the best
locations, and had thought about possibility just putting one large area to the north. He
referenced a development in Tiffin he had done where they added a nice park/play area. In this
case he would like to do something similar in the northwest corner, provided they can get
enough dirt in there (as it drops off considerably), he just can't promise it at this point.
Freerks suggested he defer tonight so he can investigate that outdoor area and come back with
more decisive plans.
Planning and Zoning Commission
March 15, 2018
Page 6 of 23
Signs agreed on the proposed three patios, he doesn't not like that it appears to just be so much
concrete in such a small grass area. He had suggested at the last meeting an elevated
walkway or deck over that north area to overlook the pond.
Fornash asked if that was the only sticking point on the approval (the outdoor area). Freerks
would also like to see the buildings outside the buffer zone.
Martin added one of her concerns was why even care about patios when the buffer and noise
are such a concern. She asked about the market research because if the school nearby was a
big factor, what good is a one -bedroom apartment. Therefore she is not fully convinced with
what is the point of this development. Martin stated that the buffer is a big deal to her, she
knows people that live in the development to the south and they feel they are "stuck" there
because no one will want to buy their house because it is right on the highway.
Freerks stated the Commission is responsible for ensuring the Comprehensive Plan is met and
that they create neighborhoods that are sustainable and that people want to be a part of.
Theobald voiced her concern about the landscape plan and plant selections (especially on the
buffer) and wants to make sure the City Forrester looks it over and approves. She noted a
couple of conifers are susceptible to fungus and will not look very attractive and lose their lower
branches. Miklo added that the City Forrester generally does not review the final design plans,
so the Commission can make that a condition of approval.
Walton commented on the building sizes and trying to make them fit into the 300 foot buffer
zone. He stated there was discussion on making the buildings taller (and smaller footprint) but
to do so would cause a loss of parking below the building. Miklo said staff had suggested the
taller buildings. Walton added the challenge with adding garages is the steep drop-off, they
would have enough parking spaces if they shrunk the buildings but not all units would then get
covered parking.
Walton noted he is open to deferral to the next meeting if the Commission deems that
necessary.
Freerks closed the public hearing
Theobald moved to defer REZ17-00015 the rezoning of approximately 7.84 acres from
Interim Development Research Development Park (IDRP) zone to Low Density Multifamily
(RM -12) zone for the property located west of Camp Cardinal Boulevard and east of Deer
Creek Road.
Parsons seconded the motion.
Signs is having less problem with building locations, buffer and sounds, and feels there has
been a significant precedent all along Highway 218 of properties that are closer than the 300
foot buffer and this is likely the last property along Highway 218 that is left to develop. He
appreciates that they have conserved a significant part of the sloped areas and natural
woodlands. He is totally disturbed by having the concrete patios next to the parking areas and
wants to see some type of walkway area out towards the pond area. Signs understands that as
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.
Planning and Zoning Commission
March 15, 2018
Page 7 of 23
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 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.
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 Nusserfor 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
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
Planning and Zoning Commission
April 2, 2018 —Work Session
Page 2 of 6
Freerks asked about the proposal, and the underground parking and the outdoor plaza. Walz
said that will likely be patio space. Freerks noted that the best view from that property is the
back and perhaps that is where the outdoor plaza should be.
Parsons asked if the building was two or three stories. There was an indication that it would be
limited to two but some of the pictures show three. Walz said staff has not had a chance to have
a conversation with the applicant to clarify, her sense is that the photos they submitted are
examples of possible designs.
Freerks noted she hopes the applicant has design images to show on Thursday to the
Commission. Miklo stated the applicant expressed a concern regarding the expense of drawing
up a design plan with the uncertainty of when the rezoning would be approved. Miklo felt the
bigger concern for the Commission and Council should be the relocation. Walz added that staff
felt if the applicant is unsure of what exactly they wanted to build, if they could at least present
footprints of how they would arrange the lot, a concept of how many units they would propose,
etc.
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 (IDRP) zone to
Low Density Multifamily (RM -12) zone for the property located west of Camp Cardinal Boulevard
and east of Deer Creek Road.
Miklo recalled one of the concerns of the Commission at the last meeting were the buffer from
the Highway 218 and the applicant has submitted a new plan. When the City rewrote the
Subdivision Code in 2008 they did research and looked at HUD and DOT guidelines about
residential development near highways and of course the farther you get away, the better, and
there is also a decibel level that is considered acceptable through HUD (for financing). So that is
when the 300 foot buffer was created, from research as to that being where the noise level
begins to drop off. The other concern is the fumes, the closer one lives to the highway the more
carcinogens one is exposed to. So those are the rationales for the City's guideline of 300 feet
buffer.
Hektoen added that this situation is similar to the last one, it is not required by zoning for this
situation to have the 300 foot buffer (it is not a subdivision), however again the Commission can
the Commission can impose conditions to meet public need imposed by the rezoning. Freerks
stated this is exactly a situation where they would apply such a condition as a principle.
Miklo clarified that the 300 feet is measured from the right-of-way of Highway 218. He stated
that the applicant has submitted a new plan to address the concerns of the Commission.
Previously the one building was 35 feet from the property line and approximately 190 feet from
Highway 218 and the new plan shows that building 67 feet from the property line and about 230
feet from Highway 218. In moving the building back 30 feet they then were also able to provide a
landscaping buffer on their property, not partially in the city right-of-way as previously shown.
The City Forrester had voiced a concern regarding being responsible for maintaining trees in that
location. Additionally moving the tree buffers 30 feet places them higher on the lot and better
Planning and Zoning Commission
April 2, 2018 — Work Session
Page 3 of 6
able to buffer
Miklo stated to achieve the greater setback the applicant basically cut off the ends of the
buildings and took that square footage and added it to a fourth floor to two of the buildings, one
building will remain only three floors. Miklo added that the Zoning Code allows for the maximum
height of the building to be increased because they have increased the front, side and rear
setbacks. In this situation, with the increased setbacks proposed on this plan, building A may
have a maximum height of 64 feet; it is proposed to be approximately 50 feet tall. Building B is
allowed a height of 58 feet; it is proposed to be approximately 60 feet tall. Building C is allowed a
height of 50 feet; it is proposed to be approximately 60 feet tall. The result is a 2 foot height
increase above what is allowed in the RM -12 zone for building B and a 10 foot height increase
for building C. Therefore, the applicant is requesting approval of a Planned Development
Overlay (OPD) to allow buildings B and C to be increased in height. Miklo noted the criteria for
review of a Planned Development Overlay are listed in the staff memo and noted that staff is still
reviewing the recently submitted OPD plan and hopes to present additional comments at the
April 5 meeting.
Freerks asked if the number of total units remains the same from the old plan to the new. Miklo
said there are two additional units added with the additional floor.
Miklo noted the other concern of the Commission was the usable open space for residents and
the applicant has addressed that by adding four deck structures that would provide outdoor
space overlooking the pond that is located to the north of this property. A sidewalk is proposed to
provide a pedestrian connection between the buildings and the deck space.
Freerks asked about the criteria for the Planned Development Overlay noting that Section 14-3A-
4 of the zoning code allows consideration of variations in the dimensional requirements including
building height in order to facilitate the provision of desired neighborhood amenities or open
space and if the criteria reviewed addresses that. Miklo said it is a subjective call that the
Commission makes to ensure it will be a livable neighborhood. Freerks is concerned because
she feels the application is just meeting the minimum standards and wants to make sure the
Commission has some leeway to set guidelines the Planned Development Overlay must meet.
Miklo noted the only other way to meet the standards is for the applicant to lose parts of the
buildings and number of units.
Freerks noted that Section 14-3A-4 of the zoning code states: desired neighborhood amenities or
open space; to preserve or protect natural, historic, or cultural features; to achieve compatibility
with surrounding development; or to create a distinctive or innovative neighborhood environment.
Signs asked how many stories were the Village Cooperative building and the building on Camp
Cardinal Boulevard. Miklo was unsure, but knew the Village Cooperative building to the north
was at least three stories with underground parking. The building is actually in Coralville.
Martin reiterated that again these areas (here and also the Prairie Du Chien application) are at
entrances to Iowa City and should be maintained and kept at a certain level. She doesn't feel
this proposal speaks to her in a way that shows what the community gains from this
development, does it fill a need, will it enhance the entrance to Iowa City.
Hensch does feel it will fulfill a need, if someone is a commuter to Cedar Rapids, this area is
Planning and Zoning Commission
April 2, 2018 —Work Session
Page 4 of 6
ideal for access to Highway 218. He also noted that when the quarry is abandoned in the future
the land will be dedicated to the County and used for recreation so that area will be nice for
residents. Hensch agrees it is a very difficult parcel to develop, but he feels it fills a niche for
commuters, and it is their obligation to make it as healthful as they can given people will know
they are moving in next to Highway 218. The Commissions role is to mitigate sound, health
hazards, try to make some amenities for people that live there. He doesn't see this a long-term
housing for people, more a year or two until they transition to something else. It can be a
pleasant experience for them, there are a lot of trees in the area with a view of the pond, it is just
next to a major highway.
Freerks noted her concern is that it seems applicants are always just meeting the minimums or
asking for exceptions and while there are checks and balances in place for such requests it
seems like they are asking and need more accommodations and she doesn't feel this application
creates a distinctive and innovative environment or protects a cultural or historical feature as
called for OPD zoning waivers. She is concerned they are always setting precedents, if they
approve an application for one, what's to say they don't do this for everyone and that is why they
have standards and exceptions to the standards, but now they are creating exceptions to the
exceptions of the standards.
Hensch agrees there isn't any cultural or historical about the area but what they can do is be
innovative by how the buildings appear. People will drive by this every day and may say "those
are cool buildings" because it will be visible from the highway. The Commission can require a
more innovative design due to the location and visibility.
Theobald agrees with Freerks and would like to see the applicant needs to bring the proposal up
to better standards. Parsons agreed, he would like to see a better building design and
something distinctive.
Miklo asked the Commission how they felt about the outdoor deck areas, if it was sufficient.
Freerks feels it is better, it is still minimal. Martin agreed, it is an effort. Signs would like to see
sketches to make sure they are child -safe.
Hektoen asked about the setback from Highway 218 and if the Commission felt that and the
landscaping buffer was sufficient. Freerks said having the tree buffer on the applicant's property
rather than the city right-of-way was a good start. However, the added height may affect the
ability to buffer the noise.
Hensch suggested that if the Commission approves the added building height, perhaps they can
require more mature tree plantings so residents won't have to wait 15 years to get something out
of the trees.
Martin asked about the fire truck lanes. Miklo said there must be a surface where a fire truck can
park to fight a fire and the one building did not meet that requirement so a lane was added.
Signs feels that the layout does preserve a lot of the woodland trees and the applicant should be
given credit for that. Theobald questions how much of the woodland will be damaged or
removed once they get in there and start doing construction. Oaks have very shallow roots and
could be damaged by a large truck running over it. She added that construction fences often
damage trees, the barrier levels for fences and construction vehicles are often insufficient to
Planning and Zoning Commission
April 2, 2018 —Work Session
Page 5 of 6
protect the trees.
Signs proposed the developer looking at making that fire lane from a mesh like concrete
substance that would allow grass to grow as well to keep that area green. Miklo said he would
check with the Fire Marshall to ask about such options.
Adjournment:
Martin moved to adjourn.
Signs seconded.
A vote was taken and the motion passed 7-0.
MINUTES
PLANNING AND ZONING COMMISSION
A P R I L 5, 2018 — 7:00 PM — FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
PRELIMINARY
MEMBERS PRESENT: Ann Freerks, Mike Hensch, Phoebe Martin, Max Parsons, Mark
Signs, Jodie Theobald
MEMBERS ABSENT: Carolyn Dyer,
STAFF PRESENT: Sara Hektoen, Bob Miklo, Sarah Walz
OTHERS PRESENT: Brian Vogel, Jason Walton, Ross Nusser, Ray Anderson, Laureen
Ipsen, Bob Guyer, Marsha Anderson, Nancy Purington, Curt Moore,
Sara Barron
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 the Commission recommends approval of REZ18-00002 an application submitted
by Ross Nusser for a rezoning of approximately 1.89 acres from Planned Development
Overlay/High Density Single Family (OPD/RS-12) zone to Low Density Multifamily (RM -12) zone
for the property located at 1705 Prairie Du Chien Road with the following conditions: (1)
Relocation assistance minimum of $1000 and nine months to find new housing; (2) two story limit
on buildings; (3) design review; (4) outdoor amenities and; (5) Cap on three bedroom units of 30%.
By a vote of 6-0 the Commission recommends approval of SUB18-00007 an application submitted
by The City of Iowa City for a preliminary plat of Iowa City Industrial Campus, a 173 -acre, 3 -lot
industrial subdivision with 3-outlots located at 420th Street, west of Taft Avenue.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
---> REZONING ITEM (REZ17-00015):
Discussion of an application submitted by Cardinal Pointe West, LLC for a rezoning of
approximately 7.84 acres from Interim Development Research Development Park (IDRP) zone to
Low Density Multifamily (RM -12) zone for the property located west of Camp Cardinal Boulevard
and east of Deer Creek Road.
Miklo noted the Commission received a revised plan in the packet mailing as well as revised
elevation drawings via email. The plan has been modified to increase the setback from Duck
Creek Road and Highway 218. The setback was previously 35 feet and it is now 65-67 feet which
Planning and Zoning Commission
April 5, 2018
Page 2 of 13
makes the closest point from the buildings 230 feet from the edge of the right-of-way of Highway
218. In order to accomplish the greater setback, the applicant has added a floor to each of the two
northern buildings. Miklo explained the Zoning Code does allow additional height for greater
setback to a point, however this building as proposed would still be 10 feet above what would be
allowed by that exception. Therefore the applicant has amended the application to include a
Planned Development Overlay, which does allow the City Council, upon the Commission
recommendation, to waive dimensional standards including height.
Miklo noted the applicant also amended the plan to include four deck areas that are adjacent to the
pond on the north side of the property. Larger decks, with the greatest dimension of 40 feet on the
two corners and then two smaller decks. Miklo did share with the applicant the Commission
concerns regarding more details or amenities for those areas and the applicant then submitted an
illustration showing a gazebo -type structure that would be included on the larger decks. Miklo also
shared the Commission concerns about the elevation drawings and need to address this
development as the first thing one would see when entering Iowa City off Highway 218. Miklo also
discussed with the Fire Marshall the possibility of using grass creek or pervious pavers in the areas
for fire access only. The Fire Marshall is open to that possibility but would want to see a specific
plan showing how it would be engineered to accommodate the load of an emergency vehicle.
Miklo also shared with the applicant the idea of prairie plantings in some of the area of the right-of-
way. He discussed that with the Public Works Department, and they were receptive of that idea.
There was also discussion of the possibility of larger trees at the time of planting being mixed in,
not all of them because a smaller tree will grow faster and be healthier for the long term. Finally,
as discussed all along, Miklo stated there would be a Conditional Zoning Agreement that would
specify use of sound deadening materials (such as laminate windows and masonry construction).
Freerks opened the public hearing.
Brian Vogel (Hall & Hall Engineers, Inc.) stated that for all the additional requests the Commission
asked for during the work session the applicant is willing to make those changes.
Freerks said that part of the changes was building design
Vogel said they are willing to make some modifications to the building, they will work with the
architect. Perhaps they did not understand the magnitude of design changes the Commission was
expecting or requesting. As far as the trees, the applicant is willing to plant larger mature trees,
they will do pervious pavers where the fire access locations are, and do the prairie plantings in the
right-of-way.
Theobald reiterated her concerns from a previous meeting regarding some of the evergreens
species that were selected. Vogel replied that the applicant is open to any species that are
requested.
Freerks noted the Commission is focusing in on this application due to the request for additional
height. There is already a waiver and now there is an additional exception of 10 feet of added
height beyond the waiver. She added that the new setbacks are further than before, but still not
300 feet from the right-of-way of Highway 218. She noted that a buffer from the highway is in the
Comprehensive Plan but not a zoning requirement, however since they are requesting a Planned
Development Overlay the 300 foot setback can be required. She feels that this development is
trying to push in a density of units into a space not suited for that density. Quoting from the OPD
section of the zoning code if waivers are to be granted, there needs to be a facilitation of desired
Planning and Zoning Commission
April 5, 2018
Page 3 of 13
neighborhood amenities or open space; to preserve or protect natural, historic, or cultural features;
to achieve compatibility with surrounding development; or to create a distinctive or innovative
neighborhood environment. Those reasons are why the Commission is requesting an improved
building design. She noted the problem is when they don't have anything set regarding design
standards, they have seen other cases where overtime design gets watered down and developed
and built at a lower standard. Freerks is hesitant about this application without seeing any
guarantee.
Miklo stated that with a Planned Development Overlay a building plan is approved along with the
site plan. Miklo said there is a building plan, but Freerks acknowledged that the Commission
doesn't have the building plan shows the building design elements the Commission has discussed.
Vogel stated the building is designed with high standard materials, expensive stone work and other
materials, it will be a nice building. With regards to the height, the three-story building will actually
look taller than the four story buildings due to landscape elevations. Vogel noted the owner is
willing to work with the City on every request, as they have been doing so. Freerks noted the
applicant has not given them everything they asked for, commissioners had requested a better
building design and have not seen that. Vogel said there needs to be more specifics on what a
"better building design" entails.
Theobald noted that this current design looks like every other apartment building in town, they are
trying to embrace the "distinctive and innovative" key words from the Code. Martin added that this
development is along a major highway and an entrance to Iowa City so they are looking for
something that makes a positive statement or impact.
Hensch acknowledged that the applicant is trying to do everything the Commission is asking, and
he feels they are very close but in exchange for the approval of the height variation there are
criteria that need to be met. Yes, the building looks like it will be made with quality materials, but
the "distinctive and innovative" design is not being shown.
Freerks stated that another option is for the applicant to lower the density of the development, then
they wouldn't need the variation on height and the Planned Development Overlay criteria.
Vogel noted a frustration because with the first plan there wasn't the added height, but it was
requested to try to get further away from Highway 218. Therefore, they have comeback with a
design with the added distance, but to do so they also needed to add height.
Hektoen stated there has been an articulated public need to negate the sound and pollution effects
of being close to the interstate. The Commission has the right, the power, granted by State law to
impose conditions that are in addition to the Zoning Code that are intended to meet those public
needs. So even though the 300 -foot setback requirement isn't a Zoning Code requirement, it
doesn't mean it isn't very important or that there aren't public needs created by putting a building
up this close to the interstate.
Vogel stated the applicant understands and agrees that the distance and the need to negate
issues is important and that is why they agreed to using the higher end, sound deadening,
materials.
Miklo asked for a clarification on what materials will be used.
Planning and Zoning Commission
April 5, 2018
Page 4 of 13
Jason Walton (Walton Builders) stated the building is 2x6 constructed with a masonry product, they
will also use a blow-in insulation product that will be of greater sound deafening, the windows are
spec'd out for sound mitigation, the same windows that were used in the Hodge building on Rohret
Road. The stone is a manufactured stone, there is a building in Coralville constructed of the same
product. For the interior, it will contain the sound protection between walls and floors and all the
fire code items met. On the exterior there is a vinyl siding on the upper floors and some of the area
around the windows is a mason panel.
Freerks appreciates this is slowly moving along however wants the applicant to understand what
they are trying to achieve here.
Walton noted that it is hard to see from architectural drawings, he has built hundreds of houses
that all turn out spectacular even if the drawings weren't. He personally feels this building is
designed nicely and they are trying to keep this development in the affordability range, they have
already gone above and beyond what they were originally anticipating, they have added additional
stonework, beefed up the landscaping significantly, and need to keep some of the budget for other
challenges that may arise. He noted this is a challenging site to work on, and they have internally
been going back and forth on what design looks better (flat roof versus pitched), etc.
Freerks appreciates that and noted that it is not up to the Commission to design the building, which
is not their forte. She stated again if they remove some density to the project, all these issues go
away.
Martin feels they are close and acknowledged the applicant has done some of the things that the
Commission has asked.
Walton stated that their interest (the applicants)
nice building so people will want to live there, ai
wants specifically.
is the same, it is in their interest to have a very
d he is just struggling with what the Commission
Miklo asked the Commission about the apartment building that was recently built on Rohret Road,
also adjacent to Highway 216, if they felt that was distinctive. The Commission agreed it is an
attractive building.
Walton stated that one of the concepts the applicant had considered, was similar to that, but it was
changed to have a hipped roof, trying give the buildings more neighborhood feel. Freerks
suggested Walton work with staff and they can help guide them in the right direction. Walton noted
he would like to keep this moving forward.
Signs asked his fellow commissioners if they are down to the design of the building. He wants to
give the applicant the right direction since they have asked at the last three meetings for additional
things. Parsons agreed he is fine with everything except the design of the building. Freerks
agreed. Theobald asked to see more of the detail on landscaping and species of trees.
Miklo asked the applicant if they would agree to defer this until the April 19 meeting and Walton
agreed.
Freerks closed the public hearing.
Hensch moved to defer REZ17-00015 until the April 19 meeting.
Martin seconded the motion.
Planning and Zoning Commission
April 5, 2018
Page 5 of 13
A vote was taken and the motion carried 6-0.
REZONING ITEM (REZ18-00002):
Discussion of 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.
Walz noted that before the meeting Staff distributed a letter they received from one of the
neighbors regarding this development. She stated that the Commission discussed the rezoning
two meetings ago and the Commission had requested a couple of things. First requested was a
better sense of what was being proposed and then also a baseline for a relocation plan for current
residents.
Walz reiterated how they got to this point. The North District Plan, when written, contemplated that
the current mobile home park might one day go away and there was a desire expressed in the
Comprehensive Plan to maintain a diversity of housing so it contemplated a small apartment
building would be appropriate at this location, particularly when Foster Road extension was
completed. The Comprehensive Plan talks about the Foster Road extension making possible a
greater variety and a greater density within the neighborhood. When the Commission reviewed the
Foster Road rezoning it was discussed that the models looked at for transportation would provide
some cross -connectivity that might alleviate the traffic south of Foster Road on Prairie Du Chien.
Therefore, the applicant has proposed a development with a 24 -unit apartment building in two
parts, with most of the parking underground, they have provided a setback from the adjacent
single-family property to the south, with an exterior playground area. It was noted in the
neighborhood meetings the desire that this property be somewhere that invited longer-term
residents, including families.
The other issue Walz noted was the proposal for relocation assistance which the applicant will
have to speak to.
Freerks asked if there were any waivers or special issues with this application. Walz replied that it
is not an Overlay Development Plan like the previous application. Freerks asked if the
Commission would see this application again, or if the design would just be approved by Staff.
Miklo confirmed that was the case unless the Commission conditioned the approval.
Freerks opened the public hearing.
Ross Nusser (250 Holiday Road, Coralville) is the applicant and can discuss the relocation plan.
They have not worked out all the specific nor been in contact with the residents since the last
meeting, they are willing to commit to $1,000 in relocation benefits to each resident who is in the
trailer park. They are also willing to offer a minimum of nine months for relocation after the
approval of rezoning.
With regards to the design, the plan they are showing tonight is just conceptual as there are still
discussions with regards to the other parcel and what the City or neighboring residents might want
or desire there, perhaps a driveway that connects to Foster Road. He noted that they are trying to
appease so many different people so it is not easy. They did review the North Side District Plan
Planning and Zoning Commission
April 16, 2018 — Work Session
Page 5 of 9
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 (IDRP) zone to
Planned Development Overlay/Low Density Multifamily (OPD/RM-12) zone for the property
located west of Camp Cardinal Boulevard and east of Deer Creek Road.
Miklo stated the applicant submitted a couple of concept illustrations of what the buildings could
look like. They went from the 40 unit buildings with the gable/hip roof to one with flat roofs and
modular changes in the building fagade. The applicant is proposing three buildings with three
different stone/brick colors for distinction.
Theobald asked if the siding is vinyl siding. Miklo is unsure of the material but it is some sort of
manufactured masonry product. One of the goals is more sound deadening materials due to the
proximity to the highway so the Commission can specify what materials are used.
Miklo also stated he confirmed that fire department is open to using pervious pavers or grass
creek in the fire lanes if it is engineered to support fire trucks. The applicant is also working on
identifying tree species to use in the buffer that aren't susceptible to fungus or disease. He also
added there would be some gazebos on the deck areas, the whole area would not be covered
but some of the area would.
Freerks suggested the top windows of the buildings to be taller perhaps to break up the design.
Otherwise she feels this is the right direction.
Signs is glad to see each building distinctive with color
Miklo stated the applicant should have plans complete for the meeting Thursday but the
Commission may still want/need to place some conditions in the conditional zoning agreement
that the applicant generally follow the concept plan, the landscaping plan be approved by the
City Forrester, and the Fire Marshall and City Engineer approve the design of the fire lanes.
REZONING ITEM (REZ18-00014):
Discussion of an application submitted by 100-500 LLC, for a rezoning of approximately
3.41 acres from High Density Multi -Family Residential (RM -44) zone to Riverfront Crossings -
South Downtown Subdistrict (RFC -SD) zone located at 12 E. Court Street.
Miklo stated this property is currently RM -44 which is high density multi -family, there are
approximately 95-100 apartment units in the complex. The complex was built after Urban
Renewal and at the time Capital Street was closed to traffic. The Riverfront Crossings Plan calls
for reopening Capital Street, and also calls for high density and possibility student housing in this
area. This area is identified as appropriate for student housing because it is immediately
adjacent to campus and the Code provides a bonus for student housing. A concept plan was
included in the Commissioner's packets showing how the street would be reopened, and a
maximum foot print of what could be built there, no actual design has been drafted. The building
would have stepbacks after a certain level and there would be some usable open rooftop area.
Planning and Zoning Commission
April 19, 2018
Page 21 of 25
Signs is looking at the footprints of the buildings and doesn't recall these great concerns from
the previous meetings when they did the Comprehensive Plan Amendment about the general
concept of what would be going in this area.
Martin expressed one of the things she sees missing is the transition style of housing, there are
townhomes on Mackinaw Drive, then the manufactured houses and then large apartment
complexes which with the original plan there were townhouses transitioning into the modular
homes then over to multifamily and commercial.
Signs also noted that while they are asking for waivers on the lot sizes, there were more homes
shown in the original plan than are being shown now. Freerks noted those homes shown in the
Comprehensive Plan amendment concept plan weren't possible, they were a fantasy. Signs
also stated that the Algonquin Road extension has been part of the plan since day one, the goal
of the City has been to find an alternate route out of this area. Freerks agrees with that but also
want to see the connection at Flint Drive. Signs concurs. He noted he drove out to that area
this evening prior to the meeting and encourages all others on the Commission to do the same.
Freerks reiterated the Commission needs a corrected plan to be able to comment and move
forward. They need to see traffic studies, stormwater management plans, elevations, building
materials, landscaping, lightening, signage, screening, etc. She would like to see a large park
area added, and for everyone to be able to keep their sense of community.
Martin discussed the possibility of flipping the location of the gas station, she is curious which
would have more light and sound pollution, a gas station or a drive-thru restaurant.
Signs concurred he would like to see the 23-plex disappear and see more green space and play
space for the families that will live there.
Parsons added he likes the clustering, he also would like to see more green space and street
connectivity. Otherwise there are so many moving parts right now it is hard to really dig into.
Hensch stated he is generally fine with the density, with regards to the manufactured housing he
is not interested in reducing it from the minimum requirements, it is important for people to have
space, and definitely need more green space and play space in that area, and definitely need
the interconnectivity of the roads.
Parsons asked about Foster Road and if there were calming features on that road. Miklo said
on the western area in the Peninsula but not on the eastern portion.
A vote was taken and the motion passed 7-0
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 (IDRP) zone
to Planned Development Overlay/Low Density Multifamily (OPD/RM-12) zone for the property
located west of Camp Cardinal Boulevard and east of Deer Creek Road.
Miklo noted they received updated plans and shared them with the Commission and showed the
Planning and Zoning Commission
April 19, 2018
Page 22 of 25
images looking at the property from the intersection of Deer Creek Road and Camp Cardinal
Boulevard, noting the trees that will be preserved. The southern building would be three stories
high, the two northern buildings appear four stories each on the north side and be five stories on
the back where the parking structure is due to the slope. Miklo stated the buildings will have flat
roofs so technically they are shorter and previous proposals, additionally they will be three
different shades of stone. Miklo asked if the Commission also wanted the siding of the buildings
to be different colors. Freerks said it would be nice, and others agreed. Miklo said that could be
added to the Conditional Zoning Agreement. Next Miklo discussed the revised buffer plan and
will recommend that the City Forrester must approve the landscaping plan before installation.
Staff is recommending approval of REZ17-00015 with the following conditions:
• Sound mitigation provided through a plan from an acoustical engineer to be approved
prior to the issuance of a building permit for the two buildings within 300 feet of Highway
218.
• To maintain dust control from Deer Creek Road.
• Substantial compliance with the site plan, including the decks adjacent to the stormwater
pond.
• Fire lane only areas would be pervious surface, approved by the Fire Marshall.
• City Forrester approval of landscaping.
• General conformance with submitted drawings with different color siding for each
building.
Freerks opened the public hearing.
Jason Walton (Walton Builders) addressed the siding colors and said the drawings do not reflect
the variations. There are two different siding colors on the side of the buildings with the decks.
He noted that the siding material will likely be a real wood or wood -appearance looking. That
may be a challenge with the color choices. Freerks said they could just work with staff on that
and come up with a good solution. Miklo said they can drop the condition of different color
siding.
Freerks closed the public hearing.
Hensch moved to recommend approval of REZ17-00015 an application submitted by
Cardinal Pointe West, LLC for a rezoning of approximately 7.84 acres from Interim
Development Research Development Park (IDRP) zone to Planned Development
Overlay/Low Density Multifamily (OPD/RM-12) zone for the property located west of
Camp Cardinal Boulevard and east of Deer Creek Road with the following conditions:
• Sound mitigation provided through a plan from an acoustical engineer to be
approved prior to the issuance of a building permit for the two buildings within
300 feet of Highway 218.
• To maintain dust control from Deer Creek Road.
• Substantial compliance with the site plan, including the decks adjacent to the
stormwater pond.
• Fire lane only areas would be pervious surface, approved by the Fire Marshall.
• City Forrester approval of landscaping.
• General conformance with submitted drawings of building plans.
Parsons seconded the motion.
Planning and Zoning Commission
April 19, 2018
Page 23 of 25
Freerks thanked the applicant for being patient through this process and thinks the end product
will be wonderful and a nice area for the residents that will rent easily.
Parsons noted it is a challenging piece of property to develop on and he feels the changes that
have been made in this process make this application strong.
A vote was taken and the motion carried 7-0
REZONING ITEM (REZ18-00014):
Discussion of an application submitted by 100-500 LLC, for a rezoning of approximately
3.41 acres from High Density Multi -Family Residential (RM -44) zone to Riverfront Crossings -
South Downtown Subdistrict (RFC -SD) zone located at 12 E. Court Street.
Due to the late hour of the meeting Miklo did not deliver the whole staff report, it is online for
anyone that wants to read it. Staff is recommending approval with the condition that the right-of-
way to reopen Capitol Street be dedicated to the City and the applicant build or install the street
to the specifications of the City Engineer. The direction of the street at this time is it will be open
to traffic and not limited to a pedestrian street. The applicant would install the streetscape
improvements as called for in the Riverfront Crossings Plan for Burlington and Court Streets.
Additionally the affordable housing requirements Riverfront Crossings must be included in the
Conditional Zoning Agreement. Miklo noted the applicant has indicated they will be seeking a
bonus for additional stories on the buildings, possibility 15 floors, and the Commission had
indicated a desire to see that design so that could be a condition placed on this rezoning.
Freerks said she is interested in seeing the design of this project given the large scale and as
she feels there needs to be usable indoor and outdoor spaces.
Freerks opened the public hearing
Rob Decker (HBK Engineering) stated that this application will require a level two design
approval so there will be a packet of information supplied to the City and he feels it does make
sense to come back before Planning and Zoning. Decker confirmed they will be applying for
height credits, they will get a lot of it from the right-of-way transfer. They will work with Public
Works on parking options, and also address the pedestrian access required along Burlington
Street and their intent is to do a full streetscape in the area. It will all be shown in the design
packet submitted.
Freerks noted she does want to see Capitol Street open to traffic and not just pedestrians due to
all the deliveries that will go to these new buildings and need for vehicle unloading area (not on
Burlington Street).
Signs noted he is hopeful to see a dynamic design of this project, it is a premier piece of
property. Freerks agrees and hopes to see green spaces and areas for activities.
Freerks closed the public hearing.
Hensch moved to recommend approval of REZ18-00004 a n application submitted by 100-
500 LLC, for a rezoning of approximately 3.41 acres from High Density Multi -Family
Kellie Fruehling
From:
Brian Vogel <brian@halleng.com>
Sent:
Thursday, May 24, 2018 8:56 AM
To:
Kellie Fruehling
Cc:
Bob Miklo
Subject:
The Grove Rezoning
Kellie,
I would like to formally request that the 2nd and 3rd Council readings of the Grove Rezoning be combined into one. The
project was reviewed several times different times by the Planning and Zoning Commission which resulted in a
unanimous recommendation for approval by P&Z. I would also like to note that there was no neighborhood opposition
at any of the multiple P&Z meetings or at that council meeting. Thank you for the consideration.
Brian Vogel, PE, CFM
Hall & Hall Engineers, Inc.
AGREEMENT
WHEREAS, MMA LLC, Big Ten Real Estate LLC, and 160-965 LLC
"Owners") are the owners of the property located at 410-12 N.
Clinton Street, Iowa City, Iowa; and,
WHEREAS, the City of Iowa City is considering the passage of
an ordinance rezoning the property with a Historic Preservation
Overlay; and,
WHEREAS, Owners have requested a'deferment of the Council's
consideration of the rezoning until such time as the City has had
an opportunity to consider the passage of an ordinance to allow the
transfer of development rights from properties rezoned with a
Historic Preservation Overlay; and,
WHEREAS, any deferment request would necessarily require an
extension of the moratorium established by Section 14 -8D -5(H) of
the Iowa City City Code until such time as the next consideration
of the proposed rezoning.
THEREFORE, IT IS AGREED BY AND BETWEEN the City of Iowa City
and Owners that in exchange for granting of the deferment of
consideration of rezoning the property at 410-12 N."Clinton Street,
legally described as the N1/2 of Lots 5 and 6 in Block 75 in Iowa
City, Iowa, with a Historic Preservation Overlay, Owners agree that
the moratorium established by Section 14 -8D -5(H) of the Iowa City
City Code extends until the date this matter is deferred to by the
Council, January 29 2019 If there is a violation of said
moratorium during the extension period the City of Iowa City shall
have all enforcement rights available to it under the City Code for
a violation of the moratorium established by Section 14 -8D -5(H) of
the city�Code. This Agreement is binding upon any successors and/or
assigns of Owners. This agreement may be signed in several parts,
and facsimile or electronic signatures have the same force and
effect as originals.
CITY:
By. Jim Throgmorton, Mayor
Xpp oved by:
City Attorney
ATTEST:
Ke lie Fruehli g, City cierCj
M
Cruegf/r, Manager
Ten Real Estate LLC
Clark, Manager ff Clark, Manager
965 LLC
j) (�- c
9'.F. Clark, Manager Lore to C. Clark, Manager
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
This instrument acknowledged before me this '901 day of
May, 2018, by Jim Throgmorton and Kellie Fruehling, as the Mayor
and City Clerk, respectively, of the City of Iowa City, Iowa.
A
Notary Public in d for said State
IGNCHRISTINE OLNEY
Commission Number 806232
Comm rob
STATE OF IOWA
)ss:
JOHNSON COUNTY )
This instrument acknowledged before
me t is V)
day of May,
2018, by Jarred Cruger, Manager of LC.
JOSHUA L. WHETSTINE
Commission Number 710850
Expires
in and for said State
My Commission
Notary ublic
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
1-10)i
This instrument acknowledged before
me this day of May,
2018, bv Br an Clark, Mana
er of Big Ten
Real Estate LLC.
JOSHUA L. WHETSTINE
Commisslon Number 710850
My Com llssl�o�n Expires
Notary ub
is in and fo aid State
IOWA
--
—STATE
STA EOF IOWA )
)ss:
JOHNSON COUNTY )
This instrument acknowledged before
me this day of May,
2018, by Jeff Clark, Manager of Big Ten
Real Estate LC.
JOSHUA L. WHETSTINE
2�'� Commission Number 710850
My Commission Expires
Iow► Nota rIKr
lic in and for s-Zdd State
STATE OF IOWA
)ss:
JOHNSON COUNTY )
This instrument acknowledged before me this M— day of May,
2018, by James A. Clark, Manager of 160-965 LLC.
JOSHUA L. WHETSTINE
•1yA�G
commission Number 710850
lAt My Com 610 E res
Iow► Notary Pub is in nd for said State
STATE OF IOWA )
)ss:
JOHNSON COUNTY )
This instrument acknowledged before me this iL_ day of May,
2018, by Loretta C. Clark, Manager o 160-96 LLC.
JOSHUA L. WHETSTINE
R
commission Number 710550 Notary Pu is i a for said State
My commission Expires
� =4=-�� --
DEFERRED
Prepared by: Sylvia BOChner, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240
(REZ18-00007)
Ordinance No.
Ordinance rezoning property located at 410-412 North Clinton Street
from High Density Multi -Family Residential (RM -44) to RM -44 with a
Historic Preservation Overlay (RM -44 / OHP). (REZ18-00007)
Whereas, the applicant, the Historic Preservation Commission, has requested a rezoning of
property located at 410 North Clinton Street from High Density Multi -Family Residential (RM -44) to
High Density Multi -Family Residential with a Historic Preservation Overlay (RM -441 OHP); and
Whereas, this structure was originally constructed in 1865 and is associated with several
prominent figures from Iowa City's history; 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 Half of Lots 5 and 6, Block 75, 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:
�-�-
City Clerk City Attorney's Office
Ordinance No.
Page
It was moved by and seconded by that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 05/15/2018
Vote for passage: AYES: Salih, Taylor, Thomas, Throgmorton,
Botchway, Cole. NAYS: Mims. ABSENT: None.
Second Consideration _
Vote for passage:
Date published
HOLLAND, MICHAEL, RAMER & SnTIG PLC
Attorneys at Law
123 North Linn Sheet, Suite 300
Iowa City, Iowa 52245
319-354-0331
www.icialawyers.com
C. Joseph Holland
iholland@idalaw.com
Robert Michael
rmichaeIBicialaw.com
May 23, 2018
Eleanor Dilkes
City Attorney
City of Iowa City
410 E. Washington St.
Iowa City, IA 52240
RE: 410-12 N. Clinton Street
Dear Eleanor:
OM' 18
S l -6d
RECEIVED BY
MAY 2 3 2018
c; 11tUMEYSOFFICE
cra-ber@icialaw.mm
Erek Sittig
esittig@icialaw.com
As you know, my clients are the owners of 410-12 N. Clinton Street. They
respectfully request that the City Council defer any further action regarding the
rezoning of the property with a Historic Preservation Overlay until such time as the
City has had an opportunity to review, and if it desires, enact an ordinance to allow
the transfer of development rights of a property given a Historic Landmark
Designation to an eligible site, similar to what has been allowed in the Riverfront
Crossings District. It is my understanding that the Historic Preservation
Commission may support this type of proposed ordinance, and the City staff would
be open to this type of proposed ordinance as well.
My clients purchased the property on Clinton Street based upon the ability
to redevelop the property according to its zoning classification. The designation of
the property as a historic Iandmark, which would include the newer, larger
addition, will reduce my clients' ability to redevelop the property, and significantly
reduce the value of the property from that which my clients paid just a few weeks
ago.
My clients' proposal is simply intended to maintain the status quo for a period
of time for the City's consideration of the proposed ordinance. Of course, parties
which are in favor of designating the Clinton Street property as a historic landmark
are concerned about the expiration of the moratorium established by Section 14 -8D -
5P of the City Code. If Council action is deferred as requested, my clients agree
that the moratorium would continue until the date of deferment of the matter, and
my clients would not do anything to the property until that time except maintain it.
Enclosed is an agreement I have drafted for our clients to execute if a deferment is
granted. If you feel any changes need to be made prior to consideration by the
Council, please let me know.
If the City passes the proposed ordinance regarding the transfer of
development rights, and it is consistent with my clients' expectations, then it is my
anticipation that my clients would drop any resistance to designating the Clinton
Street property as a historic landmark, since the transfer of development rights to
other eligible sites would be allowed. If the deferment is not granted, then my clients
are forced to make a decision at this time whether they feel the rezoning was
appropriate, and whether an appeal is necessary.
I would appreciate it if you would provide a copy of my letter and draft of the
agreement to the Council for consideration at the Council meeting on May 29� . I
would like to address the Council when this matter is discussed on the agenda. If
you have any questions or wish to discuss this matter, please contact me. Thank
you.
Sincerely,
Roberts. Michael
RSM:ses
� t �
��nl r l
"Mom 0744
05 mss
CITY OF IOWA CITY
MEMORANDUM
Date: March 9, 2018
To: Planning and Zoning Commission
From: Jessica Bristow, Historic Preservation Planner and Sylvia Bochner, Planning Intern
Re: Designation of 410-412 North Clinton Street as a Historic Landmark (REZ18-00007)
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 Clinton 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 property had the street address of 412 North Clinton Street until the rear
addition was built and given the address 410 North Clinton. The entire property is included in
the rezoning application and therefore both addresses are given. The two-story brick Italianate-
style house at 412 North Clinton Street was built in 1865 and is associated with several
prominent figures in Iowa City's history, including Dr. Milton B. Cochrane, a member of the
corps of surgeons during the Civil War, and Samuel Sharpless, a director of the Johnson
County Savings Bank. The building is currently used as multi -family housing.
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 410-412 North Clinton Street. The Commission determined that the
property meets the requirements for a landmark and voted unanimously to recommend approval
of the designation of 410-412 North Clinton Street as an Iowa City Historic Landmark. The
building is significant for its architecture and association with prominent citizens of Iowa City.
Landmark designation for 410-412 North Clinton 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. Neither the garage nor the rear addition is
contemporaneous with the historic house so they may be removed, rebuilt, and remodeled
provided the design does not detract from the historic integrity 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 410-412
March 8, 2018
Page 2
North Clinton 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). Neighborhoods that are closest to the University
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 410-412 North Clinton 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 410-412 North Clinton Street promotes this objective by identifying this historic
property as an area that is not appropriate for redevelopment.
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, which includes this section of Clinton Street,
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 410-412 North Clinton Street promotes this objective.
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 staff's opinion, preservation of 410-412 North Clinton 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 REZ18-00007, 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).
Attachments:
1. Location Map
2. Information Sheet
3. Iowa Site Inventory Form
4. Correspondence I \
Approved by:,I
Tracy Hight pe, Dir for
DepartmentbflNeighborhood and Development Services
✓IR
An application submitted by the City of
Iowa City for rezoning of 12,000 square
feet of property located at 410-412 N. Clinton
Street from High Density Multi -Family Residential
(RM -44) zone to RM -44 Historic Landmark (RM-44/OHD).
CITY OF IOWA CITY
Cochrane-Sharpless-Dennis House
410-412 North Clinton
412 North Clinton Street, built in 1865, is a two-story brick Italianate with a low -sloped side
gabled roof. Unlike typical Italianate houses where the brackets are part of an elaborate cornice
in this house, here the simple cornice is supported on paired brackets. The full -width front porch
has paired columns and decorative brackets composed of carved curling tendrils similar to
the cornice brackets. The symmetrical fagade includes a classically detailed center entry with
narrow sidelights and transom with deeply recessed trim. Floor -to -ceiling 4 -over -6 double -hung
windows are symmetrically placed on the first floor. The second -floor windows have heavy stone
sills and lintels. The central window is 4 -over -6 like the first -floor windows, and the windows on
each side are smaller 4 -over -4. The front fagade also has original shutters.
Dr. Milton B. Cochrane settled in Iowa City in 1854. He was a surgeon in the 1st Iowa
Cavalry and then promoted to the corps of surgeons of the United States Volunteers during the
Civil War. He was a member of the State Historical Society from 1857 until his death in 1898. In
1859-1860 he was a member of the Iowa City School Board. After the war he was appointed the
first Superintendent of the Soldiers' Orphans Home at Davenport until he resigned in 1867. In
the early 1880s he was appointed surgeon of an Indian Agency in Wisconsin.
Samuel Sharpless and his wife, Priscilla (Crain) Sharpless, owned this property from 1867
until at least 1915, when Priscilla died in the house. Sharpless was a director of the Johnson
County Savings Bank, supervisor of various farming industries, and a member of the Iowa City
Council. In 1917 Edwin E. Dennis and his wife, Anna (Tantlinger) Dennis, bought the house and
passed it on to their daughter Gertrude Dennis in 1936. Gertrude taught music, was an active
Presbyterian, and served as part of the local Art Circle. She owned the house until 1965.
412 North Clinton is significant for its architecture and association with prominent citizens of
Iowa City.
IOWA SITE INVENTORY FORM
CONTINUATION SHEET
Survey ID Number 52-010—D 041
Database ID Number
Street Address 410-412 N. Clinton St. it lam CLI CeuzqJahnsan
LegalDeseription: (If Rural) Township Range Section
Quarter of Quarter
of
Roll / Frame 10 / 7
Looking NE — shows brick addition at rear
U
Property Characteristic Form - Residential
CFN 259-1402 Survey IDNumber 52-010-DO41
8/25/89 Database ID Number
.,ucet Address 410-412 N. Clinton St. City Iowa City County Johnson
Legal Description: (If Rural) Township Range Section Quarter of Quarter
Of
Location Integrity: Original Site � Moved _ Moved to Original Site
Endangered? N_ or Y_ If yes why?
Ground Plan: a Building Shapes) Ell w/addition b. Width � by Depth � in units
Architectural Styld5tylistic Influences Key Stylistic Attributes Code
Late Victorian: Italianate Bracketed eaves,transao & sidelights 42
tall slender windows
412 410 412 4
Materials: Foundation Stone Poured oonorete 40 100
Walls Brick Brick 30 30
Roof Metal Asphalt 50 80
Number of Stories
Roof Shape Gable - very low Pitch / Gable 1 1
Builder(s) Unknown Architect(s) Unknown
.original Construction Date 1865 ModiScation/Addition
9 unit apartment building added to rear in
Note double end chimneys, oriainal exterior
Dates:
199?
shutters and original porch.
Continuntion Shat I 1
Significant Interior Components:
All original except for baths arra kitchen
Continuation Shatll
Surveyor Comments:
412 is very old with Italianate detailings (brackets, long windows, etc.)
410 is apartment building attached to rear of 412.
Brick built for M. B. Cochran in 1865 (from real estate appraisement records.)
Continuation Sheet I 1
Sources: Sanborn Fire Insurance Maps: 1888, 1892, 1899, 1906, 1912, 1920, 1926, 1933.
Keyes pp 59-60
Information provided by present owner
ads Further Study/Anomaly [ ]
Continuation Sheet [ j
Surveyor Moraski/Erwin/Kugler Date 1995-96
IOWA SITE INVENTORY FORM
EVALUATION SHEET
ADDRESS: 410-412 North Clinton SURVEY ID # 52-010-DO41
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: AB _ C X_ D
NRHP ELIGIBILITY: INDIVIDUAL_ YES _X NO^
CONSERVATION DISTRICT: CONTRIBUTING _X_ NON-CONTRIBUTING _
This two story brick residence from c.1865 is a good example of Italianate residential design. The
house is rectangular with a small two story wing to the rear. It features a symmetrical three bay
iacade, the entry having both transom and sidelights. On the first floor two narrow floor -length
windows are paired on each side of the entrance. At the second floor level the windows appear as
pairs, but without space between them. Both sills and lintels are of stone. Paired Italianate
brackets are located at the cornice. The original end chmneys and exterior shutters are in place.
The front porch extends across the entire facade and features slender paired posts, square in shape
with chamfered corners. Delicate scroll brackets top each of the porch posts. The pitch of the
gable roof is unusually low, one indication of a fairly early date. Although a multi -unit apartment
building has been attached to this house at the rear, the integrity of the original structure remains
quite high. It is considered to be individually eligible as a good example of its period and style, and
is considered to a be a strong contributing structure in the Clinton Street Conservation District.
HISTORICAL SIGNIFICANCE & ASSOCIATED CONTEXTS:
Dubuque/Linn Street Corridor: 1839-c.1946
APPLICABLE NRHP CRITERIA: A X BC_ D_
NRHP ELIGIBILITY: INDIVIDUAL YES _X_ _ NO _
CONSERVATION DISTRICT: CONTRIBUTING _X_ NON-CONTRIBUTING _
The Cochrane -Dennis House from c.1865 illustrates the development of the north part of Iowa City
in the years following the removal of the state capital to Des Moines. The location of the State
University of Iowa here in 1855, and the arrival of the railroad in 1856, ensured the continued
growth of the former seat of state government. The Cochrane -Dennis House and the Dey House
across the street at 507 North Clinton appear to be the last remaining examples of early residential
design in this neighborhood. Both are good examples of the Italianate style and both have been well
maintained. They demonstrate the use of mass-produced building materials that became available
with the arrival of the railroad. The university was housed in the Old Capitol and two other
buildings located on what is know known as the Pentacrest. The area to the north was a logical
location for both faculty and students to live. Clinton Street appears to have always been the
western edge of the so-called North Side Neighborhood, and even from the earliest days may have
been considered to be separate. The Cochrane -Dennis House is considered to be individually eligible
and is also a solid contributing structure in the proposed conservation district.
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 1986
PHONE: (319) 356-5243
Planning and Zoning Commission
March 15, 2018
Page 18 of 25
REZONING ITEM (REZ18-00007):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 410-412 N Clinton Street as an Iowa City Historic
Landmark.
Miklo stated this property is also located in the Central Planning District and is also zoned High
Density Multi -Family Residential. It is currently used for multi -family dwelling units, the property
also includes a non -historic addition in the back as well as a garage. Miklo explained that in a
situation like this where there are non -historic elements of the property, the Historic
Preservation Guidelines provide a lot of flexibility on how those are treated. They can be
removed or replaced. If replaced the goal would be any replacement to be compatible in design
with the historic structure. The Central District Plan encourages the investment in older housing
stock as well as the maintenance of a variety of housing and this particular building is,a good
example of that, it has multiple dwellings in the building and contributes to the variety of housing
in the neighborhood. Designation of 410-412 North Clinton Street would help achieve that goal
as well as the more general goal of identifying and preserving historic properties.
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) noted this is one of the oldest
brick houses discussed tonight in the Italianate style, it dates back to 1865 and has
considerable historic integrity with the windows, doors and brackets in the porch. The second -
floor windows have heavy stone sills and lintels and original shutters. Additionally this home is
historic due to its association with prominent citizens, the first owner was Dr. Milton B.
Cochrane, he served on the school board and went on to serve as a Civil War surgeon and then
became the first Superintendent of the Soldiers' Orphans Home at Davenport. The next owners
were Samuel Sharpless and his wife, Priscilla (Crain) Sharpless. Samuel Sharpless was a
director of the Johnson County Savings Bank, supervisor of various farming industries, and a
member of the Iowa City Council. Later the home was owned by the Dennis family, specifically
Gertrude Dennis who was locally involved in arts and music. Swaim noted it is remarkable that
a house dating back to the 1860s is still housing Iowa City residents all these years later.
Miklo added that after some research there are fewer than two dozen buildings surviving from
the Civil War in Iowa City.
Christopher Jones (Attorney, Neuzil, Sanderson & Sigafoose) is representing owner of the
property, Robert Crane, and wanted to state that he is not aware by law that the Planning &
Zoning Commission is only to look at the Comprehensive Plan as that limits them to how they
can vote only following the staff recommendation. That would appear as only a rubber stamp
and he encourages them to think beyond what the staff recommends. He notes this property is
particularly unique in that it is zoned as high-density residential property. Mr. Crane is opposing
this landmark designation for various reasons. Mr. Crane is a licensed real estate broker and
appraiser with over 40 years of appraisal experience and believes the negative impact on his
valuation will be significant and extreme. The purposes of historic preservation in Iowa City
include stabilizing and improving property values and strengthening the economy of the city.
The significant decrease in value is an unfair burden for Mr. Crane to bear without
compensation from the City. Rather than preserving and improving Mr. Crane's property value,
this designation will lower his value and may reduce the values of adjoining properties. This
property differs from other single-family homes in residential neighborhoods because it has
Planning and Zoning Commission
March 15, 2018
Page 19 of 25
significantly higher income potential than most other residential properties due to the high-
density zoning in this location. Consequently, the restrictions from the historic landmark zoning
will significantly reduce the property's value and burden Mr. Crane far more than other property
owners who own older homes in Iowa City.
Additionally this property has been significantly altered. The 1965 addition changed the
character of this property so that a majority of the construction on the property is clearly not
historic. This apartment building is nine units attached to the older home, although it is not
connected inside and they do not share any common space. Mr. Crane has owned this
property since 1981 and has been renting it out, to mostly low-income individuals, currently
there are nine units of housing in the rooming house that rent for $450.00 per month per room.
The one -bedroom apartments in the 1965 addition are self-sufficient units and each rent for
$560.00 per month. The rent for Mr. Crane's one -bedroom apartments are approximately 30%
less than the $822 month average rent in Iowa City. Most of the tenants on this property are not
students. Mr. Crane has been helping Iowa City meet the objective of providing affordable
housing since buying the property in 1981 in a neighborhood that has a convenient location
near the downtown business district that has good access to public transportation. The historic
landmark zoning regulations will impose additional burdens and costs on operating this property
that will be passed to tenants, many of whom have very low incomes. These additional costs
that will be passed to the tenants make the City's objective of having affordable housing more
difficult to achieve.
Robert Crane (410-412 N. Clinton Street) stated he's owned this property since 1981 and has
run it as a rooming house which has not been easy and is more difficult than apartments. He
has kept it as a rooming house in favor of the lower income people, many of the people that live
there are on assistance or help of some sort, and he works with that in his rents. He is very
concerned about this restoration stamp being placed on the home and any repairs and updates
will have to be kept at the 1865 style of the home will be very expensive. If that is to happen,
the gross expenses will go up, the income will go down, and so the result will need to be higher
rents. He is very concerned about the net income picture, he is also concerned about the
diminishment of value. He is an appraiser, he started work in November 1964, and a
diminishment in value means a loss in value. He has proof, one buyer that has been interested
in the property for some number of years but has now said "if it gets a restoration stamp on it I
am not interested". Crane questions what the Commission thinks it will cost him if this goes
forward. He also notes that more importantly this is not a good fit, when the nine unit apartment
was added in 1965 that destroyed the historic image of this building and it does not belong in a
historic register. It is just not a good fit. He would appreciate the Commission's consideration to
have this not move forward.
Swaim countered that there is no restoration stamp, and that is not even a term they use in
determining these landmarks. If Mr. Crane was going to do improvements to his property that
required a building permit after the landmark status then the permit would have to go before the
Historic Preservation Commission. If the improvements were on the 1965 addition the Historic
Preservation Commission would not require that the addition look like it was part of the 1865
home. In terms of non -historic components on a historic building, the Historic Preservation
Commission is generally quite flexible in allowing renovations. This house has maintained its
19 -century elements and would ask that those be retained, and kept in good repair, but they
would not ask him to do anything. The procedure to get a design review is quite straightforward
and streamlined, often approved by staff. In terms of the addition destroying the historical
integrity of the house, from the back it does look strange, but it was put on without destroying
the original integrity of the house.
Planning and Zoning Commission
March 15, 2018
Page 20 of 25
Miklo added that the City does not require someone to proactively restore a building, they will
provide some incentives, but not demand that a building be restored. He also noted that one of
the goals of the Central District Plan, is preservation of affordable housing stock and this house
is unique with fairly small rooming units and one -bedroom units. If this house was to be
removed and new construction was to be placed here, rent per bedroom would probably be
considerably more.
Signs noted that it is a pretty deep lot, could an owner demolish the modern addition and build
anything new on the back half of the property. Miklo said that could be a possibility, the design
of it would be reviewed by the Historic Preservation Commission to show it is compatible.
Jones addressed the concerns about being directed to restore the building and pointed to
section 7.2 of the Historic Preservation handbook does make it very clear that the Historic
Preservation Commission may file a petition with the City Building Office to require an
investigation into any applicable building or structural problems due to neglect or deterioration.
Therefore the Historic Preservation Commission can initiate proceedings to require repairs. The
handbook goes on to say "failure to comply with the stated action may result in penalties and/or
legal action" so to say the landmark designation does not require any additional repairs is false,
because it does allow the Historic Preservation Commission to initiate proceedings it wouldn't
otherwise be authorized to initiate. He understands any property not meeting Building Codes
could cause City initiation, but with the addition of the landmark designation the Historic
Preservation Commission can initiate proceedings it wouldn't otherwise be able.
Miklo confirmed that what Jones stated was true, but it was also the same standards the
Building Official apply during a routine rental inspection.
Freerks asked if the Historic Preservation Commission had ever initiated a case such as that.
Miklo would have to check records, he could not recall. He added as a rental property it is
required to be maintained.
Jones is strongly urging the Planning & Zoning Commission to reject this proposal, but if they do
approve his client would like to pursue separating the back portion of the property perhaps with
a survey and new legal description and have the zoning overlay end at the end of the older
home. Hektoen noted that at the time of a redevelopment it could be addressed. Miklo added
that the advantages to the property owner for having the whole property under the historic
overlay zone is the allowance of developmental rights and other exceptions that come with a
landmark designation overlay.
Signs agreed and noted he was inquiring about that earlier to see if it was possible to demolish
the addition part and perhaps redevelop it for more income possibilities. Signs asked if this item
could be deferred so options could be researched for these people. He also stated that in the
future when historical buildings are discussed they should have photos of the buildings from all
angles.
Freerks closed the public hearing
Signs moved to recommend 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-
44/0HP).
Planning and Zoning Commission
March 15, 2018
Page 21 of 25
Martin seconded the motion.
Signs noted he is more inclined to approve this as he learns there are options for the property
owner that could be economically viable.
Freerks agreed it was good to have the conversation about options as well as the benefits for
the historical designation. She reiterated that no one wants to push undue burden on a
homeowner and also would like the City to look into a way for some tax relief on these types of
properties.
Theobald said that she first noticed the historic and attractive qualities of this building several
years ago and is glad to see that the City is being proactive regarding its preservation.
A vote was taken and the motion carried 5-0.
DEVELOPMENT ITEM (SUB18-00002L
Discussion of 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.
Miklo noted that the Commission recommended approval of rezoning this area a few weeks
ago, this action would be to create the five lots that were shown in the Planned Development
Overlay Plan. Lot one is for the commercial office, lot two for seven townhouses, lot three for
the senior housing, lot four for townhouses, and lot five for townhouses. Outlot A would be
permanent open space and preservation of the woodlands and Outlot B will be dedicated to the
City and become part of the right-of-way for Foster Road. Miklo stated this item was deferred at
the last meeting because the stormwater management had not been approved by the City
Engineer but since that meeting revised plans have been submitted, reviewed and approved by
the City Engineer. Therefore staff is now recommending approval.
Freerks opened the public hearing.
Rob Decker (Project Manager) came forward and noted they did some minor edits to the plans
when working with City Engineer by revising the stormwater design and some of the elements
shown on it, they adjusted a few property borders and erosion control items.
Freerks closed the public hearing.
Signs moved to approve SUB18-00002 an application submitted by University Lake
Partners, 11 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.
Martin seconded the motion.
Freerks said the Commission has seen this in the past and it looks good.
Martin asked if the outlot on Prairie Du Chien was contiguous to the rest of the lots. Miklo
agreed and said a warranty deed would be issued for that outlot.
MINUTES PRELIMINARY
HISTORIC PRESERVATION COMMISSION
EMMA J. HARVAT HALL
DECEMBER 14, 2017
MEMBERS PRESENT: Thomas Agran, Esther Baker, Kevin Boyd, Zach Builta, G. T. Karr,
Cecile Kuenzli, Pam Michaud, Ginalie Swaim
MEMBERS ABSENT: Gosia Clore, Sharon DeGraw, Frank Wagner
STAFF PRESENT: Jessica Bristow
OTHERS PRESENT: Anna Blaedel, Kate Corcoran, Jim Larew, David Rust, Jay
Sigafoose, Alicia Trimble
RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action)
CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:30 p.m.
PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA:
There was none.
PUBLIC HEARINGS:
Discussions for landmark designations of the following properties:
Bristow said that seven different potential landmark properties will be discussed. She stated
that, for six of them at least, this began as a process in which the Commission was interested in
being proactive instead of reactive and looking at what properties are historic that are not
currently located within historic districts or conservation districts or are not currently local
landmarks.
Bristow said that the site inventory forms and historic surveys that have been done for many
properties in town were reviewed. She said there was then a kind of reconnaissance survey to
look at the properties individually. Bristow said the result was a list of properties that staff and a
subcommittee of the Commission then performed further research on.
Bristow said that recently, the list was then pinpointed down to six properties that are all brick,
residential structures in town that are representative of the history of brick structures that we
have in Iowa City. She stated that each property will have its own separate public hearing, and
then anyone who would like to speak will have the opportunity.
Bristow said that the properties will need to meet certain criteria. She said that the criteria for
local landmark designation in Iowa City are based on the National Register criteria. Bristow said
that National Register criteria are probably more stringent than the local criteria. She said that,
for instance, National Register criteria frequently involve interiors in a way that local landmarks
do not.
Bristow said that all six of these properties meet criteria A and B. She said that criterion A is:
significant to American and/or Iowa City history, architecture, archaeology, and culture. Bristow
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 2 of 19
said that what is involved with most of these properties is architecture and culture. She said
these properties have a specific style and history, and they speak to that.
Bristow said that criterion B is: possessing an integrity of location, design, setting, materials, and
workmanship. She said that all of these properties are in their original locations, and they all
have the hallmarks of the style that they were built in. Bristow said that any additions or
changes do not tend to be something that disturbs that architectural character.
Bristow added that each property also needs to meet one of the other criteria. She said that
criterion C is associated with events that have made a significant contribution to the broad
patterns of our history. Bristow said that criterion D is associated with the lives of persons
significant in our past. She said that criterion E embodies the distinctive characteristics of a
time period or method of construction or represents the work of a master or possesses high
artistic values or represents a significant and distinguishable entity whose components may lack
individual distinction. Bristow said that criterion F is: has yielded or may likely yield information
important in pre-history or history.
Bristow said that none of these properties meets criterion F. She said that is one of the criteria
that is a little more difficult, locally, to achieve.
Bristow said that, by local land-marking, the hope is to preserve the historic character of each of
these properties. She said that there are incentives available for the homeowners along with
that, primarily tax incentives. Bristow said that if the property is income-producing, there are
both state and federal tax credits, and if the property is not income-producing, there are state
tax credits available. She said that the City is going to work toward a tax-abatement program
that would be through the County that the State has put forward as something that the counties
are required to have available.
Bristow stated that there are sometimes grants available. She said there is professional
assistance for work that needs to be done. Bristow said there also some zoning incentives
available if improvements are made to the property.
Bristow showed a map produced in 2015 that shows where some of the surveys have been
done. She said that some of the local landmarks have been added. Bristow showed the
hatched area where a recent survey was completed and said that the boundaries are a little
different than shown on the map.
Bristow showed where the properties being discussed are starred on the map, specifically the
six brick structures, with the North Dodge Street property being off the map. She added that the
seventh property is actually a National Register property for which the owner would like to have
a local landmark designation.
410 North Clinton Street.
Bristow said that this property is the Cochrane-Sharpless-Dennis House. She said it was built in
1865. Bristow said the property of most interest is the front structure, an Italianate house
numbered 412. She said that the apartment addition on the back is numbered 410. Bristow
said that the entire property would be the local landmark designation, but the historic 412 is
what this is really about.
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 3 of 19
Bristow said this is an example of Italianate architecture. She said there are large windows on
the first floor that go all the way to the porch floor. Bristow said similarly there is a larger central
window over the main door.
Bristow said that the roofline, as one can see from the side, is a very low gable. She said it has
Italianate-style brackets that would typically be found on a really wide cornice but on this house
are not. Bristow said they are just paired brackets, which makes this a little bit more unique.
She said this house appears to have most of its original shutters.
Bristow said this house is also associated with Cochrane, who was the original person who built
the house and was involved with the Civil War. She said that the Sharpless family owned the
house after Cochrane, and Mr. Sharpless was the director of the Johnson County Savings Bank
and was also on the Iowa City City Council. Bristow said that the final owner who is listed here
is Edwin Dennis. Bristow said that Dennis and his wife, Anna Tantzlinger, bought the house
and left it to their daughter, Gertrude Dennis, who is known in town as part of a local arts circle,
taught music, and was an active Presbyterian. Bristow said that Gertrude Dennis owned the
house until 1965.
Bristow said staff finds that not only does this house meet criteria A and B because of its
examples of an Italianate structure, but it also meets criterion D because of its association with
the Cochranes and the Sharplesses, who were integral people in early Iowa City history. She
said that the fact that it really embodies this Italianate type of structure meets criterion E.
Bristow showed an overall image of the site. She said that one of the things staff really likes
about this is the fact that the addition is attached in a way that would be found acceptable now,
if the property was a local landmark and this addition was put on. Bristow said the addition is
attached in the back, it does not encroach upon the street view of the property, it's done in a
brick material, and it is really sensitively done because of that.
Swaim opened the public hearing for discussion on this property.
Sigafoose said he represents the property owner, Robert Crane. Sigafoose said that Crane
strongly opposes this designation. He said they do not concede that any of the criteria are
satisfied in order to declare this an historic landmark; however, he said they have not had
enough time to prepare.
Sigafoose said that Crane has not had an opportunity to consult with an architect or with any
advisors with knowledge in historic preservation. Sigafoose said they were not prepared to
engage in or make any kind of statement or presentation regarding that criteria.
Sigafoose said he wanted to discuss the economic impact on this piece of property. Sigafoose
said that Crane is a certified real estate appraiser and has been in the appraisal business for
about 45 years. Sigafoose said that Crane has been a real estate agent since 1965, a broker
since 1970, manages properties for other individuals, and is an investor in rental properties.
Sigafoose said the property owner is therefore an expert. He said it is fair enough to view his
opinion as perhaps being biased, as the property owner. Sigafoose said that nonetheless,
Crane does have some expertise and was able to provide Sigafoose information that he feels is
dependable and relevant.
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 4 of 19
Sigafoose said it is their feeling that this designation would have an extreme effect on the value
of this property, probably much more extreme than any other properties on the agenda. He said
that if one looks at each as a unique piece of property, it is the unique characteristics of this
property that make this designation so critical to its standard.
Sigafoose said that first of all, this property is zoned RM -44, high-density, multi -family
residential, about as dense as one will see in Iowa City. He stated that its location is excellent
from a standpoint of use - its highest and best use being high-density residential. Sigafoose
said it is a large piece of property at 12,000 square feet. He said that if this property were
parceled with the neighboring property, it would make a large, developable piece of property.
Sigafoose said that due to the fact that this is not a single-family residence, this designation will
have an immense impact on its value. He stated that a single-family residence or smaller piece
of property, even if designated as an historic landmark, chances are its highest and best use is
already being utilized. Sigafoose said that is not true for this piece of property.
Sigafoose said he was not comfortable at this point giving specifics about the reduction in value,
but Crane assures him that the reduction in value is a seven -figure number. Based on that,
Sigafoose said that they therefore believe this designation would constitute a regulatory taking
of the property, also known as inverse condemnation.
Sigafoose said that if the State wants to build an interstate through one's farm or a street
through one's back yard, the State has to pay for it if it is going to take one's property. He said
that typically zoning, which this is a type of, does not constitute a taking. Sigafoose said
however, that the law provides that when a zoning ordinance or other government limitation on
a property is so severe that it crosses a certain line, that becomes a taking. He said that in that
event, the property owner must be compensated.
Sigafoose said that it will be Crane's position throughout these proceedings in front of the
Historic Preservation Commission, on to the Planning and Zoning Commission, the City Council,
and at the District Court level if necessary to be appealed, and then on, that this constitutes a
regulatory taking. Sigafoose said that if the City wants to designate this as an historic landmark,
it should probably buy it from him at fair market value or otherwise compensate him for it.
Sigafoose asked Commission members to put themselves in Crane's shoes and look at this
from his perspective. Sigafoose said he realizes it is the Commission's perspective to preserve
history. He said we would all agree that preserving history is a noble cause and something that
we should do, but he said he feels that we have to look at each property individually.
Sigafoose said that when it comes to placing oneself in Crane's shoes, this is going to be a
very, very expensive experience for him. He asked the Commission to consider that and
balance the public's need for historic preservation against the personal property rights of Robert
Crane. Sigafoose asked the Commission to look at this property based on its unique
characteristics: its location, its size, its values, its highest and best use. He said that if
Commission members step back and look at that, he is hoping they will reach the conclusion not
to pass this on to the Planning and Zoning Commission with a recommendation for designation
as an historic landmark.
Sigafoose said that at the least, he would ask that this decision be postponed giving him an
opportunity to do a little more research and make a more prepared proposal as to their position.
HISTORIC PRESERVATION COMMISSION
December 14, 2017
Page 5 of 19
Swaim stated that the process of landmark or district designations begins with the Historic
Preservation Commission. She said the decision is based on whether the property meets
criteria. Swaim said that if the Commission votes yes on a property, then that property goes on
to the Planning and Zoning Commission, which looks at it in terms of zoning, because a
designation is a zoning overlay. She said there would also be a public hearing for each property
at that point. Swaim said that if the Planning and Zoning Commission gives a yes
recommendation, then it goes to the City Council, and there are opportunities for public input at
that point as well.
Corcoran said she served on the Historic Preservation Commission and was a member of the
subcommittee whose members investigated properties a few years ago that the subcommittee
members thought could be appropriate for possible designation as Iowa City landmarks. She
said she was not speaking on behalf of this property in particular but for all of them that the
Commission has decided to examine.
Corcoran said she believes that all of these properties meet the Iowa City landmark ordinance
criteria, because they are architecturally significant and they are associated with prominent
citizens of Iowa City or with the development and growth of Iowa City. She thanked the
Commission, as an Iowa City resident, for taking this up.
Swaim closed the public hearing
Builta said that there are a lot of reasons, as outlined earlier, that perhaps this shouldn't be
considered a landmark, for different personal reasons. He said however, that if one is just going
off of the fact that the properties have to meet at least one of the criteria, none of the
Commission members would disagree that it doesn't at least meet one of them.
Bristow said the properties have to meet criteria A and B and one of the other criteria.
Karr asked what the downside is of tabling this and letting the owner prepare his case, since he
has a financial stake in this. Agran said that every decision that the Commission makes at its
meetings has a financial consequence for the parties involved. He said that based just on what
was said earlier, they don't disagree that it does indeed meet these criteria so that he does not
really see an advantage to that act of tabling this. Agran said that if the issues are greater than
those criteria in this meeting, he sees no reason that this should be tabled, based on what the
scope of the Commission's purpose is.
Bristow said the Commission's scope would be to look at whether or not this meets the criteria,
and that would be it. She added that the Planning and Zoning Commission will look at the
zoning and whether it meets the Comprehensive Plan and other zoning code issues, and then
the City Council will look at this in more detail than that. Bristow said she did not think there
would necessarily be a reason to table this at this point.
Swaim said she believes that this would not go to the Planning and Zoning Commission before
January but would perhaps be heard there mid-January or later. She said that seems to be an
adequate time to put an argument together.
Sigafoose asked if he could respond, even though the public hearing was over. He said that for
whatever it is worth, what Agran said is not what he said. Sigafoose said that when Agran said
they don't disagree, they do disagree. Sigafoose said that perhaps he did not say it clearly, but
he does disagree that this meets the criteria.
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 4101412 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 Dubuaue 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.
PROTEST OF R EZONMG
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
CITY OF101Vl CITY
We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property
which is located within two hundred feet of the exterior 'boundaries of the property for which the zoning change is
proposed, do hereby protest the rezoning of the following property:
This protest is signed and acknowledged with the intention that such rezoning shall not become effective except by the
favorable vote of at least three-fourths of all the members of the council_, all in accordance with Section 414.5 of the
Code of Iowa.
Property
Property
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INDIVIDUAL PROPERTY OWNER(S):
STATE OF IOWA )
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and (name(s) of
individual property owner(s)).
Notary Public in and for the State of Iowa
AUTHORIZED REPRESENTATIVE SIGNING FOR PROPERTY OWNER(S):
STATE OF IOWA )
JOHNSONCOUNTY) ss:
This instrument was acknowledged before me on WIML6H IT ? ofd (Date) by RO1 6PF G, UArtf,-
(name(s) of person(s)) as d Wul 4-,2- (type of authority, such as officer, trustee) of
6LM(- O✓l GI,(t�(aQ, LCL (name of property owner) .
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Iowa
Orig: Subd Folder 02/2013
Cc: CA — PCD - Council - Media File
RALPH L. NEUZIL, (1930-2011)
DALE SANDERSON
JAY W. SIOAFOOSE
ASSOCIATE:
CHRISTOPHER A. JONES
March 7, 2018
NEUZIL, SANDERSON & SIGAFOOSE, P. C.
ATTORNEYS AT LAW
119 WRIGHT STREET
PO Box 1607
IowA CITY, IOWA 52244-1607
Iowa City Planning and Zoning Commission
410 East Washington Street
Iowa City, Iowa 52240
TELEPHONE:
Iowa CITY: (319) 337-3167
OxFORD: (319) 828.4175
FAx: (319) 356-6153
RE: March 15, 2018 Planning and Zoning Commission Meeting
Historic Preservation Landmark Designation for 410-412 N. Clinton Street
Dear Members of the Planning and Zoning Commission:
I am writing to you on behalf of Robert Crane, the owner of the property located at 410-
412 North Clinton Street in Iowa City which the Historic Preservation Commission has
recommended to be designated as a historic landmark. This property is located across the street
from the University of Iowa's Currier Residence Hall and is zoned RM -44 (High Density Multi -
Residential). This property is not a single-family residence. Since purchasing the property in
approximately 1981, Mr. Crane has rented the property and currently provides affordable, non-
student housing only blocks away from Iowa City's downtown business district. The older home
that faces the street is a rooming -style house with nine bedrooms that share bathrooms and
kitchens. Attached to the rear of this older home is an apartment building that was constructed in
1965 with nine one -bedroom self-sufficient apartments. From the outside, these structures appear
to be a single building. Each apartment has an external entryway. This letter is to urge you to
reject the Historic Preservation Commission's recommendation for the following reasons and
recommend that the City Council reject this proposal.
1. The historic landmark designation will have an extreme and negative impact on file
value of Mr. Crane's property that is disproportionately greater than most residential
properties designated as a historical landmark due to the location and zoning of this property.
The high-density zoning designation and unique location just steps from residence halls
and classrooms of the University of Iowa and downtown employers distinguish this property
from most historic landmarks. This property differs from other single-family homes in residential
neighborhoods because it has significantly higher income potential than most other residential
properties due to the high-density zoning in this location. Consequently, the restrictions from the
historic landmark zoning will significantly reduce the property's value and burden Mr. Crane far
more than other property owners who own older homes in Iowa City.
The purposes of historic preservation in Iowa City include stabilizing and improving
property values and strengthening the economy of the city.' Mr. Crane is a licensed real estate
broker and appraiser with over 40 years of appraisal experience and believes the negative impact
on his valuation will be significant and extreme. The significant decrease in value is an unfair
burden for Mr. Crane to bear without compensation from the City. Rather than preserving and
improving Mr. Crane's property value, this designation will lower his value and may reduce the
values of adjoining properties.
2. The historic integrity of this property was compromised long ago by the additional
apartment building attached to the home.
The building with the largest footprint on this lot is a three-story apartment building that
sits aside and behind the brick house. This apartment building is attached to the older home,
although it is not connected inside and they do not share any common space. This brick
apartment building is believed to have been constructed in 1965 and shares none of the common
architectural features of the house. The apartment building has no historical value.
The 1965 addition changed the character of this property so that a majority of the
construction on the property is clearly not historic. Imposing the historic landmark designation
on the entire property will impose a zoning regime on a structure to which the landmark
designation was not intended to apply and which clearly does not meet the statutory requirements
for a historic property. Photos showing the apartment are attached to this letter.
3. The additional burdens imposed by the historic landmark zoning regime should not
be applied to the apartment structure or to the unattached garage.
There are three structures on Mr. Crane's Clinton Street property: the home, the
apartment structure attached to the home, and a detached garage on the east (rear) side of the lot.
The Historic Preservation Committee has recommended designating the entire lot as a historic
landmark, which would impose the historic preservation zoning requirements on all structures on
the property, even though at least two of the three structures, including the largest structure on
the property, clearly fail to meet the requirements of a historic structure.
The historic preservation zoning regime includes a requirement to obtain a historic
review to make changes to or make certain repairs to the exterior of all parts of the property.
Designating the entire property as a historic landmark will mean that the garage and apartment
building will also be designated as historic landmarks and that Mr. Crane will be required to
apply for a regulated permit and seek a historic review before he can make any changes or make
certain repairs to the exterior of the building. The historic review process will impose significant
logistical burdens on Mr. Crane that will increase the time and cost of repairs to building that are
clearly not historic.
4. The historic landmark designation will increase the cost of operating this property
and discourages the City's goal of promoting private affordable housing.
One of Iowa City's greatest current challenges is the rising cost of housing. The City has
identified affordable housing as a significant policy goal and objective? Mr. Crane has used this
' Pagel, Iowa City Historic Preservation Handbook, Iowa City Historic Preservation Handbook, adopted September
7, 2010.
2 Page 7, City of Iowa City, 2017-2017 Strategic Plan Summary, available at http://www. www8.iowa-
city. org/weblink/0%d oc/1767642/StrategicPl onSummary-12-2017-1.pdf
property to provide affordable housing to many low-income residents in a good location since he
purchased the property in 1981. Currently there are nine units of housing in the rooming house
that rent for $450.00/month per room. The one -bedroom apartments in the 1965 addition are self-
sufficient units and each rent for $560.00 per month. The rent for Mr. Crane's one -bedroom
apartments are approximately 30% less than the $822/month average rent in Iowa City.' The
rooming house with shared facilities in the older home provides an alternative housing option
with even lower rents. Most of the tenants on this property are not students. Mr. Crane has been
helping Iowa City meet the objective of providing affordable housing since buying the property
in 1981 in a neighborhood that has a convenient location near the downtown business district
that has good access to public transportation.
The historic landmark zoning regulations will impose additional burdens and costs on
operating this property that will be passed to tenants, many of whom have very low incomes.
These additional costs that will be passed to the tenants make the City's objective of having
affordable housing more difficult to achieve.
Mr. Crane is 78 years old and suffers from several health conditions, but he continues to
actively manage the property. He is not a large corporate landlord. It is his hope that the
commission will review this matter from his perspective and chose to recommend to the City
Council to not designate this property as a historic landmark.
Sincerely,
/s/ Christopher A. Jones
Attorney at Law
3 Cedar Rapids Gazette, May 1, 2016, Iowa City has higher share of renters paying 30% or more of income to
housing than other metros, available at: http://www.thegazette.com/subject/news/business/Iowa-city-has-higher-
share-of-renters-paying-30-percent-or-more-of-Income-to-housing-than-other-metros-20160501 (the Gazette
reports that Cook Appraisal determined the average cost of an apartment within one mile of the Pentacrest to be
$822).
12
4 altalf �'
C.R.B. Certified Residential Broker Meal Q11tate eoumeloro
G.R.J. Graduate Realtors Institute
A.R.A. Accredited Rural Appraiser
M.S.A. Master SenlorApprelser
January 2018
Dear Planning and Zoning Committee Member:
Sales • Residential
Appraisals -
Farrn Management -
Farm Sales
My name is Robert Crane and I own 410-412 N. Clinton Street, which has
a lot of 12,000 square feet with three buildings on it. The Historic
Preservation Commission has chosen this site to designate as a
historic property. This nomination will come before your committee
either March 1 or March 15, 2018.
My wife and I purchased this property in 1981. My wife purchased the
first half and two years later I purchased the second half. Since we
purchased 412 N. Clinton it has been operating as a rooming house,
which was its prior use. The 410 building is attached to the 412
building and contains nine one—bedroom apartments. And, behind the
buildings there is a garage and parking lot.
I am strongly opposed to having the historic preservation designation
and have several concern's about this type of designation. These
include:
I. This property clearly sins in a rental income neighborhood and has
been used as a rental income producing property for decades. The 412
house was converted into a rooming house and the attached apartment
building was all done prior to my purchase of the .property. I
purchased it as an income—producing property, as an investmqnt.
2. The immediate and drastic diminution of value (drop in value).
3. Diminishing the net income due to the requirements of such status.
4. The costly repairs demanded by the historic commission will reduce
cash flow from the project, for anybody. An owner would not have a
say as to how to handle repairs to the property.
5. My emphasis is, and always has been, to offer affordable housing to
those who need it to survive in a respectable fashion and hdme life
setting. If historic designation is placed on this property then the
costs to maintain the property escalate, which in turn will,
drastically increase rents. Please consider the value of what I do
here.
Iowa City, Iowa 52240 (319) 354-4100 fax (319) 358.2134
Planning & Zoning
Page 2
January 2018
6. The historic beauty of 412 was destroyed when the 410 apartment
building was attached to the rear of the 412 building in the 1960s.
Thus, I feel these buildings do not qualify for such a designation.
This is not a good fit.
7 I have had active inquiries from possible buyers of the property
and was in discussions when somebody at the Cedar Rapids Gazette
called about a rumor that the property was being sold. Why be
concerned with a historic preservation designation when one knows
that in the long—term the University of Iowa. who is backed1by the
Board of Regents and State of Iowa, will ultimately be the owner of
the property due to its location.
8. I am 78 years old and worked a long time. have cancer, a heart
condition. and Type II diabetes and I do not want to relish or
tolerate the rest of my years in conflict with the demands on a
property that I own. This action violates ones rights in owning rea
estate and may venture further than that
inhttp://www.practicalfarmers.org/ Constitutional Law.
I am happy to answer any questions you may have.
Sincerely,
Robert C. Crane
Owner, Crane on Clinton
LLC
From: Kevin Boyd <kevinmboyd@gmail.com>
Sent: Thursday, March 15, 2018 9:16 AM
To: PlanningZoningPublic
Subject: Iowa City Historic Landmarks
Commissioners,
I'm writing to urge your support to designate all the properties as local landmarks. I grew up in Iowa City and moved
back 3 years ago. Iowa City has always been home to me. The distance has allowed me to more greatly appreciate the
value our shared history and the buildings, big and small, that tell part of the story of who we are as a community. Not
every building contributes to our shared story, but these structures certainly do. I hope you recognize their value as part
of our comprehensive plan.
I do want to comment specifically about 410-412 N Clinton St, the oldest property. This property is already used, in a
historically sensitive way, at a higher density than the single family home it once was. The apartment addition addition
to the back was added in a way that was very sensitive to the original property and stands as a model to preserve and
adapt as it is today.
I wish I could be at the meeting to share my comments directly, but I am out of town on business.
Thank you,
Kevin Boyd
622 N Van Buren St.
Iowa City, IA
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
HOLLAND, MICHAEL, RAMER & SIMG PLC
C. Joseph Holland
ih-olland@icialaw.com
Robert Michael
rmichael@icialaw.com
HAND DELIVERED
City of Iowa City
c/o City Clerk
410 E. Washington Street
Iowa City, IA 52240
Dear Clerk:
Attorneys at Law
123 North Linn Street, Suite 300
Iowa City, Iowa 52245
319-354-0331
www.iciala=ers com
May 1, 2018
RE: 410 - 412 North Clinton Street
Crystal Raiber
craiber@icjalaw.com
Erek Sittig
esittig@icialaw com
I represent 160-965 LLC, MMA LLC, and Big Ten Real Estate LLC, all who use
the address of 414 E. Market Street, Iowa City, IA 52245. These entities are now the
owners of the property at 410 - 412 North Clinton Street. Please see a copy of the
recorded warranty deed included with this letter.
Enclosed please find the original executed Protests of Rezoning executed by
the three owners of the property. Please copy me with any correspondence sent to
my clients. If you need anything further, please let me know. Thank you.
Sincerely,
Robert S. Micha 1
RSM:dml
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WARRANTY DEED
(CORPORATE/BUSINESS ENTITY GRANTOR)
THE IOWA STATE BAR ASSOCIATION
Official Form No. 335
Recorder's Cover Sheet
Doc ID: 027016120002 Type: GEN
Kind: WARRANTY DEED
Recorded: 05/01/2016 at 12:31:14 PM
Fee Amt: $1,936.20 Pape 1 of 2
Revenue Tax: $1,919.20
Johnson County Iowa
Kim Painter County Recorder
BK5779 PG167-168
Preparer Information: (Name, address and phone number)
Jay W. Sigafoose, 119 Wright Street, PO Box 1607, Iowa City, IA 52244, (319) 337-3167
Taxpayer Information: (Name and complete address)
Big Ten Real Estate LLC, 414 East Market Street, Iowa City, IA 52245
Return Document To: (Name and complete address)
Robert Michael, 122 North Linn Street, Suite 300, Iowa City, IA 52245
Grantors:
Crane on Clinton, L.L.C.
Grantees:
MMA LLC
Big Ten Real Estate LLC
160-965 LLC
Legal description:
Document or instrument number of previously recorded documents:
O The Iowa 51nc Bar Amlbli.n 2018
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For the consideration of _ One (S I.02L Dollar(s) and other
valuable consideration, Crane on Clinton L.L.C.
a(n) limited liability company organized and existing under
the laws of Iowa does hereby Convey to MMA LLC, an undivided
6.67/a interest: Bits Ten Real Perm. r r r
undivided 6.130/c interest; as tenants in common . auV-7VJ LLl al
the following described real estate in Johnson County, Iowa:
The N 1/2 of Lots 5 and 6 in Block 75 in Iowa City, Iowa. Subject to easements, agreements,
covenants, zoning, and restrictions of record.
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The grantor hereby covenants with grantees, and successors in interest, tha it hts the real
estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that
the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it
covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may
be above stated.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, according to the context.
Dated on 3d ZrJ/S
Crane on Clinton L.L.C. a(n) limited liability company
By �e/GLQ B
Robert C. Crane, Manager y
STATE OF IOWA , COUNTY OF JOHNSON
This record was acknowledged before me —0n7rt/� t/ . d�za/$/$ by Robert C. Crane
as Manager
of Crane on Clintnn T.r r
O The Iowa State Bar Association
Iowa D0058
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Revised April 2016
PROTEST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA
CITY OF101YA CITY
We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property
which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is
proposed, do hereby protest the rezoning of the following property:
410412 North Clinton Street
This protest is signed and acknowledged with the intention that such rezoning shall not become effective except by the
favorable vote of at least three-fourths of all the members of the council, all in accordance with Section 414.5 of the
Code of Iowa.
Property Address: 410-412 North Clinton Street
1'rol
By:
as
INDIVIDUAL PROPERTY OVMR(S):
STATE OF IOWA )
JOHNSON COUNTY) ss:
This instrument was acknowledged before me on
a
individual property dwner(s))
Notary Public in and for the State of Iowa
UTIIORIZFD REPRESENTATIVE SIGNING FOR PROPERTY OWNER(S):
STATE OF IOWA )
JOI-INSON COUNTY) ss:
_ (Date) by
(name(s) of
I his instrument was acknowledged before me on _ S ��' (Date) by James Clark and Loretta Clark
(nante(s) of person(s)) as Managers (type of authority, such as officer, trustee) of
_160-965 LLC (name of property owner) .
lG JOSHUA L. WHETSTINE
&t Commission Number 710850
My Com Isslon Expires
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PRO'T'EST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA --
CITY OFIOIVA CITY
We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property
which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is
proposed, do hereby protest the rezoning of the following property:
41DA12 North Clinton Street
hi s protest is signed and acknowledged with the intention that such rezoning shall not become effective except by the
:orable vote of at least three-fourths of all the members of the council, all in accordance with Section 414.5 of the
.,du of Iowa.
roperty Address: 410-412 North Clinton Street
ropertyOwner(s): MMA LLC
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!, VLDUALPROPERTY OWNER(S):
STATE OF IOWA )
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individual property owner(s)).
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Notary Public in and for the State of Iowa
191IORIZED REPRESENTATIVE SIGNING FOR PROPERTY OWNER(S):
TATE OF IOWA )
'I INSON COUNTY) ss:
_ (Date) by
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PROTEST OF REZONING
TO: HONORABLE MAYOR AND CITY COUNCIL
IOWA CITY, IOWA I I !
CITY OF 1011V4 CITY
We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property
which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is
proposed, do hereby protest the rezoning of the following property:
410-412 North Clinton Street
his protest is signed and acknowledged with the intention that such rezoning shall not become effective except by the
:vorable vote of at least three-fourths of all the members of the council, all in accordance with Section 414.5 of the
ode of Iowa.
'Operly Address: 410412 North Clinton Street
ol.
fI DIVIDUAL PROPERTY OWNER(S):
STATE OF IOWA )
()I-INSON COUNTY) ss:
"this instrument was acknowledged before me on
and
individual propertyowner(s)).
Notary Public in and for the State of Iowa
i iTIIORIZED REPRESENTATIVE SIGNING FOR PROPERTY OWNER(S):
STATE OF IOWA )
)HNSON COUNTY) ss:
_ (Date) by
(name(s) of
os instrument was acknowledged before me on l— _ (Date) by Jeff Clark and Bryan Clark
mle(s) of person(s)) as Managers (type of authority, such as officer, trustee) of
Hig Ten $eal Emote LLC (name of property owner) .
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02/2013
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance number 18-4758
Ordinance amending Title 4, entitled "Alcoholic Beverages," of the
City Code to prohibit alcohol licenses for new or expanded outdoor
areas during RAGBRAI except for the Downtown Beverage Garden
and to prohibit glass containers of alcohol in the Downtown Beverage
Garden during RAGBRAI.
Whereas, the presence of 25,000 to 30,000 extra people in Iowa City on July 27 and 28,
2018 for RAGBRAI, many of whom may be consuming alcoholic beverages, has the potential to
overwhelm the police department; and,
Whereas, in order to ensure public safety and to facilitate police protection, the Council
determines that there should be no more than one outdoor beverage garden on July 27 and 28;
and,
Whereas, the City intends to apply for and obtain a permit to allow for a "beverage garden"
during RAGBRAI on the public ways downtown with profits to be donated to United Way of
Johnson and Washington Counties; and,
Whereas, no temporary license or permit should be granted other than the temporary permit
to the City for the downtown beverage garden unless the City fails to secure said permit on or
before July 1, 2018; and,
Whereas, open glass containers of alcohol will not be permitted on the public ways that are
included within the downtown outdoor beverage garden during RAGBRAI on July 27 and 28;
and,
Whereas, this ordinance will have no impact on outdoor service areas that are included
within the licensed premises of an existing establishment as of May 1, 2018; 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 Iowa City, Iowa:
Section I. Amendments.
Title 4, entitled "Alcoholic Beverages," Chapter 2, entitled "Liquor Licenses and Beer
Permits," Section 3," Local Review of Application/Investigation of Applicant" is hereby
amended by adding the underlined text as follows:
C. With the exception of an application submitted by the City of Iowa City, no
2. Title 4, entitled 'Alcoholic Beverages," Chapter 5, "Prohibitions and Restrictions", is
amended by adding the underlined text of a new Section 9 as follows:
3. This Ordinance shall be automatically repealed on July 29, 2018.
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 29th day of May , 2018.
M or
roved
Atte ,%r0 -f8
Ci Clerk City Attorney
Ordinance No. 18-4758
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
x
x
x
x
x
x
ABSENT:
x
Botchway
Cole
Mims
Salih
Taylor
Thomas
Throgmorton
First Consideration 05/15/2018
Voteforpassage: AYES: Thomas, Throgmorton, Botchway, Cole,
Mims, Salih, Taylor. NAYS: None. ABSENT: None.
Second Consideration _
Vote for passage:
Date published 06/07/2018
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: Taylor, Thomas, Throgmorton, Botchway, Cole, Mims,
NAYS: None. ABSENT: Salih.
.'-r 1 CITY OF IOWA CI
COUNCIL ACTION REPO oe1s4-as
May 29, 2018
Ordinance amending Title 4, entitled "Alcoholic Beverages," of the City
Code to prohibit alcohol licenses for new or expanded outdoor areas
during RAGBRAI except for the Downtown Beverage Garden and to
prohibit glass containers of alcohol in the Downtown Beverage Garden
during RAGBRAI.
Prepared By: Simon Andrew, Assistant to the City Manager
Reviewed By: Eleanor Dilkes, City Attorney
Ashley Monroe, Assistant City Manager
Fiscal Impact: N/A
Recommendations: Staff: Approval
Commission: N/A
Attachments: Ordinance
Executive Summary:
On July 27, 2018, the City of Iowa City will host RAGBRAI as an overnight stop for the first time
in 42 years. Cities hosting overnight stops often provide for entertainment in the public right of
way, which can also include a temporary licensed service area for alcohol. In order to ensure
public safety, no more than one outdoor beverage garden should be permitted. The attached
ordinance limits temporary licenses and permits to those applied for by the City. It does not
affect existing outdoor service areas established as of May 1, 2018. It also prohibits open glass
containers within the City's outdoor beverage garden. The plan is for the establishments with
doors onto the open beverage garden to use non -glass containers but if there is a problem this
will give the police an easy enforcement tool. This ordinance will apply only on July 27 and 28,
2018 and be automatically repealed on July 29, 2018.
Background / Analysis:
In addition to live entertainment scheduled for July 27, the City plans to establish a temporary
licensed premises for beer and wine during our RAGBRAI celebration, with boundaries
substantially similar to the 2017 Downtown District Block Party. The City's application for a
temporary license is expected to be an agenda item on Council's May 29 agenda. As part of
this license, the City also plans to sell cans of beer during and in close proximity to the evening
entertainment, with profits benefitting the United Way of Johnson and Washington Counties.
As no more than one outdoor beverage garden should be permitted, this ordinance will prohibit
the approval of any application for a beer permit, wine permit, or liquor license that covers an
outdoor area with the exception of the City's application. It will also prohibit the expansion of a
current outdoor service areas and sidewalk cafes of an existing licensed premises. For public
safety reasons, the ordinance will prohibit open glass containers of alcohol on City -owned
property within the licensed area during this event.