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HomeMy WebLinkAbout2013-03-19 Ordinance4e Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE TO AMEND SUBSECTION 14- 4134A, PARAGRAPH 7 OF THE ZONING CODE TO ALLOW MULTI - FAMILY DWELLING UNITS TO BE LOCATED ON OR BELOW THE STREET LEVEL FLOOR OF A BUILDING BY SPECIAL EXCEPTION IN THE CB -5 ZONE FOR BUILDINGS DESIGNATED AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS, it is in the best interest of the City to allow flexibility in application of zoning rules to encourage the adaptive re -use of historic buildings in order to preserve the history and culture of the community for future generations; and WHEREAS, in order to provide flexibility in preserving the integrity of buildings designated as Historic Landmarks, the zoning code allows a property owner the option to seek a special exception that would allow residential dwelling units on the ground level floor of a Historic Landmark in the Central Business (CB -10) Zone if said building was not originally designed as a storefront commercial building; and WHEREAS, this special exception option is not currently available for Historic Landmark buildings located in the Central Business Support (CB -5) Zone; and WHEREAS, there are historic landmark buildings located in the CB -5 Zone that were not originally designed as storefront commercial buildings, such that it may be appropriate for the Board of Adjustment to consider requests for residential uses on the ground level floor; WHEREAS, the Planning and Zoning Commission has reviewed this ordinance amendment and recommends approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete subparagraph 14- 4B -4A -7e and substitute in lieu thereof: e. CB -5 and CB -10 Exception In the CB -5 and CB -10 Zone, except as prohibited in subparagraph (4) below, the Board of Adjustment may grant a special exception for Multi - Family Dwellings to be located on or below the street level floor of a building, provided that the following criteria are met. (1) The proposed dwelling will be located on a property designated as an Iowa City Historic Landmark. A rehabilitation plan for the property has been reviewed and approved by the Iowa City Historic Preservation Commission. The rehabilitation of the property must be completed according to this plan before an occupancy permit is granted. (2) The proposed dwellings will not significantly alter the overall commercial character of the subject CB -5 or CB -10 Zone. (3) There are site conditions or building characteristics that make the street level of the subject building or buildings unsuitable for other uses allowed in the CB -5 or CB -10 Zone. (4) If an existing building on a landmark property includes three or more of the following commercial storefront characteristics, dwellings are prohibited on or below the street level floor of that building: (a) The main entrance to the building is at or near grade; (b) The front fagade of the building is located within ten feet of the front property line; (c) The front fagade of the building contains ground floor storefront or display windows; and Ordinance No. Page 2 (d) The street level floor of the building was originally constructed to accommodate Sales- Oriented and Personal Service- Oriented Retail Uses and /or has historically been used for these purposes. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2013. ATTEST: MAYOR Approved by: t_ City Office CITY CLERK 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: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 3/19/2013 Vote for passage: AYES: Dickens, Dobyns , Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published City of Iowa City MEMORANDUM Date: March 7, 2013 To: Planning and Zoning Commission From: Karen Howard, Associate Planner RE: Ground floor residential use in Historic Landmarks in the CB -5 Zone Background In 2001, as a way to encourage adaptive re -use of the Carnegie Library building located in Downtown Iowa City, the City adopted an amendment to the Zoning Code that would allow the Board of Adjustment to consider requests for residential uses on or below the street level floor of a building in the Central Business (CB -10) Zone, provided the building is a designated Historic Landmark and has certain characteristics that make it difficult to use the ground -level space as storefront commercial space. This exception to the requirement for ground -level commercial space is currently only an option in the CB- 10 Zone. This exception is one tool the City can use to encourage preservation and adaptive re- use of historic buildings. Since there are historic landmark buildings located in the CB -5 Zone that may have characteristics that make it difficult to use the ground level space for commercial purposes, staff recommends extending this special exception option to the Central Business Support (CB -5) Zone. Recommendation Staff recommends amending the Zoning Code as indicated on the following page. Underlined text is new language to be added to the Code. Approved by: /440(_ �1 Robert Miklo, Senior Planner Department of Planning and Community Development Amend subparagraph 1448- 0-7e., as follows: e. CB -5 and CB -10 Exception In the CB -5 and CB -10 Zone, except as prohibited in subsubparagraph (4), below, the Board of Adjustment may grant a special exception for Multi - Family Dwellings to be located on or below the street level floor of a building, provided that the following criteria are met. (1) The proposed dwellings will be located on a property designated as an Iowa City Historic Landmark. A rehabilitation plan for the property has been reviewed and approved by the Iowa City Historic Preservation Commission. The rehabilitation of the property must be completed according to this plan before an occupancy permit is granted. (2) The proposed dwellings will not significantly alter the overall commercial character of the subject CB -5 or CB -10 Zone. (3) There are site conditions or building characteristics that make the street level of the subject building or buildings unsuitable for other uses allowed in the CB -5 or CB -10 Zone. (4) If an existing building on a landmark property includes three or more of the following commercial storefront characteristics, dwellings are prohibited on or below the street level floor of that building: (a) The main entrance to the building is at or near grade; (b) The front fagade of the building is located within ten feet of the front property line; (c) The front fagade of the building contains ground floor storefront or display windows; and (d) The street level floor of the building was originally constructed to accommodate Sales- Oriented and Personal Service- Oriented Retail Uses and /or has historically been used for these purposes. PLANNING AND ZONING COMMISSION PRELIMINARY MARCH 7 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL EXCERPT Code Amendment Item An amendment to Title 14: Zoning Code to allow multi - family dwelling units to be located on or below the street level floor of a building by special exception in the CB -5 Zone for buildings designated as Iowa City Historic Landmarks. Miklo said staff is recommending approval. Freerks opened public hearing. Freerks closed public hearing. Eastham moved to recommend approval of an amendment to Title 14: Zoning code to allow multi - family dwelling units to be located on or below the street level floor of a building by special exception in the CB -5 Zone for buildings designated as Iowa City Historic Landmarks. Weitzel seconded. Freerks said she thinks this is a good idea, and it worked well in the past for the Carnegie Library. She said if we can have adaptive re -use of structures that are important to the community she thinks we should do that. A vote was taken and the motion carried 6 -0. Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE TO AMEND SUBSECTION 14- 464A, PARAGRAPH 7 OF THE ZONING CODE TO ALLOW MULTI - FAMILY DWELLING UNITS TO BE LOCATED ON OR BELOW THE STREET LEVEL FLOOR OF A BUILDING BY SPECIAL EXCEPTIO E CB -5 ZONE FOR BUILDINGS DESIGNATED AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS, it is in the best interest of the City to allow flexibili in application of zoning rules to encourage the adaptive re -use of historic buildings in order to preserve the hi tory and culture of the community for future generations; and WHEREAS, in order to p vide flexibility in preserving the integrity of buildings designated as Historic Landmarks, the zoning code a ows a property owner the optio to seek a special exception that would allow residential dwelling units on the round level floor of a Historic L dmark in the Central Business (CB -10) Zone if said building was not originally d signed as a storefront commer ial building; and WHEREAS, this special exc tion option is not currently a ailable for Historic Landmark buildings located in the Central Business Support (CB 5) Zone; and WHEREAS, there are historic ndmark buildings locate in the CB -5 Zone that were not originally designed as storefront commercial buildings, such that it may be propriate for the Board of Adjustment to consider requests for residential uses on the ound level floor; WHEREAS, the Planning and Zoning Commiss' n has reviewed this ordinance amendment and recommends approval. NOW, THEREFORE, BE IT ORDAINED RY THE CI COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances the City f Iowa City, Iowa is hereby amended as follows: A. Delete subparagraph 14- 4B -4A -7e a%d sybstitute in lieu thereof: e. CB -5 and CB -10 Exception In the CB -5 and CB -10 Zone cept as prohibited in subparagraph (4) below, the Board of Adjustment may grant a sp ial xception for Multi - Family Dwellings to be located on or below the street level floor f a b 'Iding, provided that the following criteria are met. (1) . The proposed dwe ing will be ocated on a property designated as an Iowa City Historic Landmar . A rehabilit ion plan for the property has been reviewed and approved by the wa City Histo 'c Preservation Commission. The rehabilitation of the property must b completed acco ding to this plan before an occupancy permit is granted. (2) The proposeA dwellings will not sign\fother r the overall commercial character of the subject B -5 or CB -10 Zone. (3) There are ite conditions or building ics that make the street level of the subject ilding or buildings unsuita uses allowed in the CB -5 or CB -10 Zone. (4) If an is ting building on a landmark ludes three or more of the following com ercial storefront characteristicare prohibited on or below the street lev floor of that building: The main entrance to the building is at or The front fagade of the building is located line; (c) The front fagade of the building contains grou windows; and grade; ten feet of the front i-?operty or storefront or display - c (q Ordinance No. Page 2 (d) The street level floor of the building was originally constructed to accommodate Sales- Oriented and Personal Service- Oriented Retail Uses and /or has historically been used for these purposes. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part oft Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity f 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 effq6t after its final passage, approval and publication, as provided by law. Passed and approved this day of , 2/13. A MAYOR Approved by: City Attorney's Office CITY CLERK Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE TO AMEND SUBSECTION 14- 4B -4A, PARAGRAPH 7 OF THE ZONING CODE TO ALLOW MULTI - FAMILY DWELLING UNITS TO BE LOCATED ON OR BELOW THE STREET LEVEL FLOOR OF A BUILDING BY SPECIAL EXCEPTION IN THE CB -5 ZONE FOR BUILDINGS DESIGNATED AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS, it is in the best interest of the City to allow flexibility in a lication of zoning rules to encourage the adaptive re -use of historic buildings in order to preserve the history an culture of the community for future generations; and WHEREAS, i order to provide flexibility in preserving the integri of buildings designated as Historic Landmarks, the zo 'ng code allows a property owner the option to see a special exception that would allow residential dwelling u its on the ground level floor of a Historic Landmar in the Central Business (CB -10) Zone if said building was not o \(CB-5) signed as a storefront commercial bui ing; and WHEREAS, this spption option is not currently available or Historic Landmark buildings located in the Central Business Su-5) Zone; and WHEREAS, there a landmark buildings located in the B -5 Zone that were not originally designed as storefront commercis, such that it may be appropr to for the Board of Adjustment to consider requests for residential round level floor; WHEREAS, the Pan Zoning Commission h reviewed this ordinance amendment and recommend approval. NOW, THEREFORE, BE IT ORDAINED B *THE CITY COU CIL OF THE CITY OF IOWA CIS, IOWA: SECTION I. The Code of Ordinances oft City of low City, Iowa is hereby amended as fql,!pws: A. Delete subparagraph 14- 4B -4A -7e and e. CB -5 and CB -10 Exception In the CB -5 and CB -10 Zone, e of Adjustment may grant a spe below the street level floor of a Wm :ut in lieu thereof: s prohibited in subsubparagrap -°(4), below, t Voard xc tion for Multi - Family Dwellings,,10 bea0cated or ing, ovided that the following cdiaria ark; met (1) The proposed dwellings II be locate on a property designated as anwa City Historic Landmark/ngs Are abilitation plan or the property has been reviewed and approved by the Iy Historic Prese tion Commission. The rehabilitation of the property must be ted according to th plan before an occupancy permit is granted. (2) The proposed dwwill not significan tly alte the overall commercial character of the subject CB -5 0 Zone. (3) There are site c nditions or building characteristics t t make the street level of the subject build or buildings unsuitable for other uses lowed in the CB -5 or CB -10 Zone. (4) If an existin ,/building on a landmark property includes thr or more of the following commercial storefront characteristics, dwellings are prohibi d on or below the street level floor f that building: (a) Th main entrance to the building is at or near grade; (b) TVe front fagade of the building is located within ten feet cif the front property Ii e: (c) he front fagade of the building contains ground floor storefront or display windows; and Ordinance No. Page 2 (d) The street level floor of the building was originally constructed to accommodate Sales- Oriented and Personal Service- Oriented Retail Uses and /or has historically been used for these purposes. SECTION I . REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are here repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutiona , such adjudication shall not affect the validity f the Ordinance as a whole or any section, provision or part the of not adjudged invalid or unconstitutional. SECTION IV. EFFECTI DATE. This Ordinance shall be in a ct after its final passage, approval and publication, as provided by law. Passed and approved this day of 013. MAYOR Approved by: City Attorney's Office A CITY CLERK 4f Prepared by: Senior Planner, Robert Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ13- 00008) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY .09 ACRES LOCATED AT 529 S. GILBERT STREET AS AN IOWA CITY HISTORIC LANDMARK. (REZ13- 00008) WHEREAS, the applicant, JMK Holdings — The Vine Tavern, has requested rezoning of a property located at 529 S. Gilbert Street to designate the property as an Iowa City Historic Landmark; and WHEREAS, the Historic Preservation element of the Comprehensive Plan encourages the identification and preservation of historic resources significant to Iowa City's past; and WHERAS, research conducted on behalf of the applicant revealed that this property was built in 1905 as a factory for the Hawthorne Glove & Novelty Co.; and WHEREAS, the Historic Preservation Commission and State Historical Society have determined that it is worthy of preservation; and WHEREAS, this property is located within the Riverfront Crossings District; and WHEREAS, The Riverfront Crossings Master Plan, an element of the Comprehensive Plan, encourages the preservation of historic properties within the District; and WHEREAS, the Planning and Zoning Commission has found the designation as an Iowa City Historic Landmark to be in compliance with the Comprehensive Plan and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby designated as an Iowa City Historic Landmark: LEGAL DESCRIPTION THE N 35.72' OF LOT 8 & S 12.5' of LOT 7 BLOCK 5 OF LYON'S FIRST ADDITION, IOWA CITY, JOHNSON COUNTY, 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. MAYOR IjlrA Wei CITY CLERK Approved by 4CAUttorney's Office , 1s Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 3/19/2013 Voteforpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published � r �.® �! In � �h CITY OF IOWA CITY MEMORANDUM Date: March 1, 2013 To Planning and Zoning Commission From: Chery Peterson, Historic Preservation Consultant Re: Designation of 529 S. Gilbert Street as a local Historic Landmark Background: JMK Holdings LC — The Vine Tavern has requested that their property at 529 S. Gilbert Street be designated as an Iowa City Historic Landmark. The enclosed Iowa Site Inventory Form provides a detailed discussion of the building's history and architecture. Indications are that the building was built early in the 20th century, c. 1905. It was originally a factory building for the Hawthorn Glove & Novelty Company. From 1912 until the 1950s the building housed the manufacturing operations of the Shrader Drug Company /Howell - Shrader Drug Company. Historic Preservation Commission Review: The Iowa City Historic Preservation Commission met on March 1, 2013 and conducted a public hearing where they reviewed and evaluated the historic significance of 529 S. Gilbert Street. The Commission determined that the property meets the requirements for a landmark and voted unanimously to recommend approval of the designation of 529 S. Gilbert Street as an Iowa City Historic Landmark. It is the intent of the owner to have this property accepted for listing in the National Register of Historic Places, and the nomination is currently in process. The enclosed Iowa Site Inventory Form has been submitted to the State Historic Preservation Office. The owner is also applying for Historic Preservation Tax Credits. Designation of the property as an Iowa City Historic Landmark will require Historic Preservation Commission approval of any significant changes to the exterior of the building. Landmark status will also make the property eligible for special exceptions (Section 14 -26 -8 of the zoning code) that would allow the Board of Adjustment to waive or modify certain zoning requirements to help support the continued use of historic buildings. Planning and Zoning Commission Review: Landmark Designation is a zoning overlay and therefore requires a recommendation from the Planning and Zoning Commission to the City Council. The Commission's role is to review the proposed designation based on its relationship 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 Downtown & Riverfront Crossings Master Plan and 2.) the Historic Preservation Plan. The Downtown & Riverfront Crossings Master Plan identifies 529 S. Gilbert Street as a Key Historic Building in Riverfront Crossings District. Key Historic Buildings, together with Contributing Historic Buildings and buildings of potential historic significance, provide character and ambiance to the district, and as such are important to identify and take measures to actively protect. ,q; March 1, 2013 Page 2 The Historic Preservation element of the Comprehensive Plan encourages the identification and preservation of historic resources significant to Iowa City's past. Research conducted on behalf of the applicant reveals that the building was built c.1905, and is significant for its association with two early 20th century manufacturing concerns that operated from Iowa City's original railroad and industrial corridor. The building is also significant as an example of turn -of- the - century factory design. As noted, the Historic Preservation Commission has determined that it is worthy of preservation. In staff's opinion, preservation of 529 S. Gilbert Street would not be in conflict with plans for redevelopment of this area. There are other existing historic properties that have been preserved in this neighborhood, including the C.D. Close Mansion at 538 Gilbert Street, located across the street from 529 S. Gilbert Street. Staff Recommendation: Staff recommends that REZ13 -00008 an application to designate 529 S. Gilbert Street as an Iowa City Historic Landmark be approved. Attachments: 1. Location Map 2. Iowa Site Inventory Form Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development U.. Z . . .......... . . . . . . . . ............ ............. R . ........ .. . . . . ....... i0 O A N W ce iS Nl�ng NVA . .............. . . ........ . ............ ... .. .. ......... . cq ...... ..... .. . .. .. . ............. .. . .. is i�j I 9� -110 . . ........... ..... . . . . . . ....... . .. W NIOIVA I —1 R m 0 4j rNI Ln z 0. 0 Architect John F. Shaw AIA, LEED AP, INC Suite 305 221 -Y: East February 15, 2013 Washington St. Iowa City, IA 52240 john@johnfshaw.com Ms. Ginalie Swaim Chair: Iowa City Historic Preservation Commission City Hall voice 410 East Washington Street 319.338.4344 Iowa City, Iowa 52240 RE: Hawthorne Glove & Novelty Co. / Schrader Drug Co. Building 529 South Gilbert Street Iowa City, Iowa Dear Ms. Swaim, With this letter I request that the Hawthorne Glove & Novelty Co. / Schrader Drug Co. Building be accepted and placed in the list of Iowa City Local Historic Landmarks. It is the intent of the Owner to place this building in the National Register of Historic Places; the nomination is currently in process. I have attached a copy of the Iowa Site Inventory Form, authored by Ms. Marlys Swenson, which was submitted to the State Historic Preservation Office in conjunction with the Owner's application for Historic Preservation Tax Incentives. I believe this document adequately supports the significance of the property, and my request the property be placed in the local list. Sincerely, 0 . a % T -d John F. Shaw AIA, LEED AP Architect John F. Shaw AIA, LEED AP, INC CC: Bob Miklo Site Inventory Form State Inventory No. 52- 05128 ® New ❑ Supplemental State Historical Society of Iowa ❑Part of a district with known boundaries (enter inventory no.) (November 2005) Relationship: ❑ Contributing ❑ Noncontributing ❑ Contributes to a potential district with yet unknown boundaries National Register Status:(any that apply) ❑ Listed ❑ De- listed ❑ NHL []DOE 9 -Digit SHPO Review & Compliance (R &C) Number ❑ Non - Extant (enter year) 1. Name of Property historic name Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building other names /site number Howell- Shrader Drug Co. Building Howell- Shrader Co Building• Whipple House Inc Building 2. Location street & number 529 South Gilbert Street city or town Iowa City ❑ vicinity, county Johnson Legal Description: (If Rural) Township Name Township No. Range No. Section Quarter of Quarter (If Urban) Subdivision Lyon's 1s' Addition Block(s) 5 Lot(s) N 35.72' of Lot 8 & S 12.5' of Lot 7 3. State /Federal Agency Certification [Skip this Section] 4. National Park Service Certification [Skip this Section] 5. Classification Category of Property (Check only one box) Number of Resources 1 Vithin Property ® building(s) if Non - Eligible Property If Eligible Property, enter number of.- El district Enter number of: Contributing Noncontributin ❑ site _ buildings 1 _ buildings ❑ structure _ sites sites ❑ object _ structures _ _ _ _ structures _ objects _ _ objects _ Total 1 Total Name of related project report or multiple property study (Enter "N /A" if _ the property is not part of a multiple property examination). Title Historical Architectural Data Base Number 6. Function or Use Historic Functions (Enter categories from instructions) Current Functions (Enter categories from instructions) 1OA02 Manufacturing Facility /Factory 99 Other (artist studios) 02E09 Specialty Store /Furniture 7. Description Architectural Classification (Enter categories from instructions) Materials (Enter categories from instructions) 09D01 Flat Roof foundation 04 Stone walls (visible material) 03 Brick roof 15C Rubber other Narrative Description (® SEE CONTINUATION SHEETS WHICH MUST BE COMPLETED) 8. Statement of Significance Applicable National Register Criteria (Mark "x" representing your opinion of eligibility after applying relevant National Register criteria) ® Yes ❑ No ❑ More Research Recommended A Property is associated with significant events. ❑ Yes ® No ❑ More Research Recommended B Property is associated with the lives of significant persons. ® Yes ❑ No ❑ More Research Recommended C Property has distinctive architectural characteristics. ❑ Yes ® No ❑ More Research Recommended D Property yields significant information in archaeology or history County Johnson Address 529 South Gilbert Street Reference source not found. City Iowa City Site Number 52 -05128 District Number Criteria Considerations ❑ A Owned by a religious institution or used ❑ E A reconstructed building, object, or structure. for religious purposes. ❑ F A commemorative property. ❑ B Removed from its original location. ❑ G Less than 50 years of age or achieved significance within the past ❑ C A birthplace or grave. 50 years. ❑ D A cemetery Areas of Significance (Enter categories from instructions) Significant Dates Construction date 17 INDUSTRY 1905 ®check if circa or estimated date Other dates, including renovation Significant Person Architect/Builder (Complete if National Register Criterion B is marked above) Architect Builder Narrative Statement of Significance (® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED) 9. Major Bibliographical References Bibliography ® See continuation sheet for citations of the books articles and other sources used in preparing this form 10. Geographic Data UTM References (OPTIONAL) Zone Easting Northing Zone Easting Northing 3 4 — ❑ See continuation sheet for additional UTM references or comments 11. Form Prepared By name /title Marlys Svendsen, Svendsen Tyler, Inc. organization John Shaw. AIA date 5/2012 street & number N3834 Deep Lake Road telephone 715/469 -3300 city or town Sarona state WI zip code 54870 ADDITIONAL DOCUMENTATION (Submit the following items with the completed form) FOR ALL PROPERTIES 1. Map: showing the property's location in a town /city or township. 2. Site plan: showing position of buildings and structures on the site in relation to public road(s). 3. Photographs: representative black and white photos. If the photos are taken as part of a survey for which the Society is to be curator of the negatives or color slides, a photo /catalog sheet needs to be included with the negatives /slides and the following needs to be provided below on this particular inventory site: Roll /slide sheet # Frame /slot # Date Taken Roll /slide sheet # Frame /slot # Date Taken Roll /slide sheet # Frame /slot # Date Taken ❑ See continuation sheet or attached photo & slide catalog sheet for list of photo roll or slide entries. ❑ Photos /illustrations without negatives are also in this site inventory file. FOR CERTAIN KINDS OF PROPERTIES, INCLUDE THE FOLLOWING AS WELL 1. Farmstead & District: (List of structures and buildings, known or estimated year built, and contributing or noncontributing status) 2. Barn: a. A sketch of the frame /truss configuration in the form of drawing a typical middle bent of the barn. b. A photograph of the loft showing the frame configuration along one side. c. A sketch floor plan of the interior space arrangements along with the barn's exterior dimensions in feet. State Historic Preservation Office (SHPO) Use Only Below This Line Concur with above survey opinion on National Register eligibility: El YesEl No El More Research Recommended ❑ This is a locally designated property or part of a locally designated district. Comments: Evaluated by (name/title): Date: Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 1 Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa Cit, Address City 7. Description The Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building at 529 South Gilbert Street is estimated by the Johnson County Assessor to have been constructed in 1890. However, a newspaper account from September 1903 identifies the new building planned for the site at the northwest corner of East Prentiss Street and South Gilbert Street as the Hawthorne Glove & Novelty Co. Construction was to begin in the fall of 1903. Two years later, a fire destroyed the building but it was immediately rebuilt. Sanborn maps further confirm the construction time frame with the 1899 map showing the lot as a vacant parcel and the 1906 map depicting the completed 3 -story brick building. Two small brick and concrete block additions were added to the 1905 main building in ca.1960 and after 1970 respectively. The older addition originally served as a garage according to the 1970 Sanborn map and was later converted to retail /storage space. The second addition was developed as the kitchen for a restaurant/bar developed in the 1980s. The Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building is an example of an early 20th century three -story industrial building form. It has a rectangular footprint for the original block measuring 37 feet across the front and a depth of 77 feet. The brick building has three levels with 12 -inch thick solid brick walls on the ground, first and second floors, 8 -inch thick solid brick wall on the third floor, and a rubble stone foundation; a brick and stone basement level is exposed on the west facade. The low end of the basement level is also exposed along the sloped south facade as well. The rear facade faces an alley officially designated "Maiden Lane" that contained railroad siding that paralleled the main line track of the Burlington, Cedar Rapids and Northern RR (later, Chicago, Rock Island and Pacific RR), which passed north and south along the right -of -way Maiden Lane - all a half block west of Gilbert Street. The basement wall is constructed of locally quarried limestone and the upper level walls are constructed of mottled reddish -brown colored brick laid in a variation of American bond with seven courses of stretchers separated by header courses. A salt glazed ceramic coping tops the short parapet. Brick decoration is limited to the corbeled brick rectangular patternwork along the parapet level of the front facade. The building originally had painted advertisement company signs along three facades (south, east and west) with remnants of signs surviving on some wall sections. The building is divided into four bays across the front and rear facades with the upper levels containing tall 2/2 double -hung wood windows in each bay. The slightly recessed window openings have stone sills and flat brick arches set over a metal plate. On the first floor, the main entrance is at the north end and is reached by a flight of poured concrete steps. The intact original entrance door has a tall single -light in the upper portion and a single horizontal wood panel below. A narrow two -light transom is above the entrance. The remainder of the first floor has two large 1/1 double- windows, each set beneath molded cast -iron lintels with stone sills. The south bay contains no opening. On the rear facade, the four bays of the upper two levels have a similar spacing of 2/2 double -hung windows. The main level has original window units set in the first and third openings with an exterior metal staircase leading to a rear entrance in the fourth or south bay added in ca. 1985. The second bay originally held a double -width opening containing either a tall, wide single window with a transom or a pair of narrower double -hung sash. The wide stone sill and narrow wood lintel remain but the window(s) were replaced with a pair of smaller 1/1 double -hung units surrounded by brick infill sometime prior to 1966. On the basement walk -out level, a pair of wood doors in in the north or first bay have been replaced with a single pedestrian slab door surrounded by narrow tongue- and - groove bead board infill. A limestone lintel for this entrance opening and a section of brick wall have been replaced with matching stone and brick. Two small openings with stone lintels and sills Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 2 Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City centered along the wall above the coursed stone foundation have replacement stone elements. The new windows are single light sash replacing earlier 2/2 configurations. The new metal stairs contain a single flight leading to the main level door in the south end of the rear wall. On the north and south facades, the walls are divided into nine bays. Matching 2/2 double -hung wood windows are found in bays two through eight for the second and third floors of the north facade and first through third floors on the south facade. On the south facade, the only exception is for the sixth and seventh bays on the first floor. The sixth bay has had the 2/2 window replaced by a pair of small 1/1 double -hung sash and the seventh bay has a small 1/1 double -hung unit replacing an earlier small 2/2 unit. Stone sills and flat brick arches above metal plates are retained for all of the openings on the south facade except the pair of new windows on the first floor in the sixth bay. On the basement level, one door was originally located in the second bay. Following conversion of the basement level to a restaurant/bar in 1983, a new entrance was added immediately to the east and the original wider opening was infilled with bead board. The new passage door in the third bay serves as the primary entrance for the basement level retail space. The metal replacement doors has vertical panels in the lower half and two tall vertical lights in the upper section. A small modern semi - circular canopy supported by pipes extends over the entranceway. On the north facade, the center six bays on the second and third floors retain the flat brick arches, metal plates, stone sills and 2/2 double -hung wood windows. On the first floor, several of the openings have been partially or completely blocked by the 1 -story north addition with the remaining wall without windows. It should be noted that the original footprint of the building and parcel allowed for the installation of windows on all four sides by retaining a 12 -foot wide protected "window well" strip for the existing one -story building located to the north. In ca. 1960, a one -story addition was added at grade level on the east end of the north facade. In 1983 when the restaurant/bar was established, an addition housing the kitchen was added at the west end of this 12 -foot wide strip. An examination of Sanborn Maps compiled during the building's early use as a factory building identifies the general construction features of the building and how it was used over time. The first year the new building was depicted in 1906, the map shows it occupied by the Hawthorne Glove and Novelty Company. The building was heated by steam, fueled by coal and had electric lights throughout. Iron columns were identified as vertical supports on the first, second and third floors though later maps show the third floor contained wood supports. The east quarter of the first floor served as office space opening directly onto South Gilbert Street and the rear lower level opened onto the siding and main line rail tracks of the railroad; there was no loading platform access to the siding. A second entrance was located along the south facade west of the current pedestrian entrance with a small 1 -story enclosure in place. This entrance likely provided access for local transfers. On the interior the map designates the use for each floor beginning with storage on the first floor, stock and materials on the second and third floors, and cutting rooms on various levels. No use was designated for the basement level and the east end of the first floor was reserved for office use. By 1912, the glove and novelty factory no longer operated from the building having been taken over by the Shrader Drug Company for the manufacturing of "stock powders," most likely drug powders in concentrated forms. The Sanborn map published that year shows the basement floor finished in concrete, the presence of electric motors , a water protection hose system, and the installation on the exterior south facade of a metal stairs in the vicinity of where a window access fire escape ladder is located in 2012. On the interior, the basement and first floors were designated for mixing stock powders, the second floor for "business Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 3 Hawthorne Glove & Novelty Co./Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City handling" or packaging, and the third floor for storage with the main level office space still in use in the east end. The reconfiguration of the factory interior demonstrates the overall flexibility of the open well - lighted factory spaces. Operable double -hung sash provided the only means of ventilation but the addition of the window access fire escape on the south facade by 1912 was a nod to modernization. It should be noted that the disastrous Triangle Shirtwaist Factory fire in New York City took place in 1911 prompting such changes around the country for multi -story factory buildings. Subsequent Sanborn maps for 1920, 1926, 1933 and 1948 when Shrader Drug Company or Howell - Shrader Drug Company remained in operation saw only a few changes made to the building over time. In 1920, the second floor was designated as an assembly area for boxes with the use of "box nailing" shown. By 1926, a more substantial change noted the addition of wood posts for roof supports on the third floor. This may have been a correction of the original 1906 depiction of iron columns on all three floors. A freight elevator (nonextant) was also installed in the southwest corner of the building. The office space was no longer designated as such. The interior uses remained the same in 1926, 1933 and 1948. By the mid - 1950s the building was being used as general storage and transfer space. In ca. 1959 the building's use changed to "The Whipple House" furniture store according to city directories. This was noted on the 1970 Sanborn map along with the construction of the east half of the 1 -story addition along the north facade. This space was identified as a garage bay. A series of retail and manufacturing operations were housed in the building from ca. 1970 until 1983 when it saw the establishment of "The Vine Tavern and Eatery" in the basement level. Leased space on the upper three levels was used subsequently by a motorcycle shop, printing and binding companies, a carpet shop, a local food cooperative, and an electronics company. These uses continued until ca. 1998 when the upper three levels were converted to use as individual artist studios. The retail tavern /restaurant space on the basement level continued. Rentable spaces were established along a double -load central corridor that extended east -west through each floor with short hallways accessing stairwells in the northeast and southwest corners. A single shared restroom is used by the tenants on each level. New wood stud walls for each one -room unit were clad in gypsum board with the interior surfaces of the original brick walls in each studio painted or repainted. Wood slab doors were installed for each unit and the corridors were carpeted. The original wood floors were painted within the units with some surfaces finished in tile and carpet. In 2012, the building retains all four levels of the original building with a restaurant /bar space on the basement level containing table and booth seating, a U- shaped counter and back bar, storage rooms, and restrooms. The main prep kitchen and freezer are in the west half of the north addition and a cooler is in the east half. It should be noted that when originally constructed in ca. 1960, the east half was used as a single -bay garage. The overhead door was replaced with a passage door and fixed glass window in ca. 1985. On the upper three levels, art studios outfitted with no build -outs but ample natural lighting are retained. Access to the upper levels is from enclosed and partially enclosed stairwells in the northeast and southwest corridors that are reached via exterior concrete and metal staircases. 8. Significance The Hawthorne Glove & Novelty Co. Building that later housed the Shrader Drug Company /Howell - Shrader Drug Company, is significant under Criterion A for its association with two early 201h century Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 4 Hawthorne Glove & Novelty Co./Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City manufacturing concerns that operated from Iowa City's original railroad and industrial corridor. This corridor flourished during the late 19th and early to mid -20t centuries. The first company, the Hawthorne Glove and Novelty Company was one of several noteworthy firms that manufactured gloves in Iowa City before World War I. A regional market was served by other local firms such as the E.F. Rate Glove Company and the Iowa Glove Company from the late 1880s into the 1950s. The multi -floor masonry building was constructed to house the Hawthorne Glove Company's manufacturing and wholesale warehouse. It took advantage of its site along the north -south railroad spur along Maiden Lane at the building's rear for both the off - loading of tanned hides and other supplies associated with glove manufacturing and for product shipping. The second longer -lived firm, the Shrader Drug Company /Howell - Shrader Drug Company, began operations in 1899 at another location in Iowa City in the 400 block of East Washington Street. It moved to 529 South Gilbert Street in ca. 1911 and continued here through 1956. Owned by William E. Shrader when the company moved, it was one of several local drug and toiletry manufacturing companies that prospered in Iowa City in the 20th century. The Shrader Drug Company was a manufacturer of stock powders - drug powders in concentrated forms — and stock remedies that gradually focused on veterinary use and feed compounds. The company traced its roots in the retail drug store of the same name founded in 1880 in downtown Iowa City. Production of over - the - counter remedy powders was carried out in a back room of the store. As this aspect of the business grew, manufacturing relocated first from the northeast corner of South Clinton and East College streets later to a building in the 400 block of East Washington Street opposite the present Iowa City Civic Center. Finally in 1911, the expanding business moved to the former glove factory along the Maiden Lane -South Gilbert Street railroad and industrial corridor. The turn -of- the - century factory design of the building also derives significance under Criterion C. Its setting adjacent to both a railroad line and spur and intersecting streets provided for good receiving and delivery points. Though the railroad line has been abandoned the wide Maiden Lane alleyway continues. The building's multi -level configuration was typical of the period providing for isolation of manufacturing activities and warehousing by floor levels and an economic use of the building site. The inclusion of a generous number of large, operable double -hung windows on four sides, all available for providing passive ventilation and good lighting looked back to 19th century building practices while the installation of electricity and central heating were part of modern factory construction. By 1912, the development of a second exit for upper levels was handled by the installation of a fire escape at the corner diagonally opposite from the main entrance stairs, likely demonstrating the factory's response to the Triangle Shirtwast Factory Fire in 1911. Together these two successive manufacturing concerns — a glove factory and stock drug company - were representative examples of the medium -scale factories to locate in Iowa City's Maiden Lane - Gilbert Street industrial corridor during this time period. The Shrader Drug Co. /Howell - Shrader Drug Co. saw greater success, but both derive significance from their moderate size of operation typical of Iowa City factories, their proximity to the well - established railroad and industrial corridor, and the multi -story factory form occupied for more than a century. Together, these aspects of the building's history makes it eligible for the National Register under Criteria A and C. Historical Background of Hawthorne Glove and Novelty Company and Shrader Drug Company: Hawthorne Glove and Novelty Company was formed in Iowa City shortly after the turn of the 20th century as a stock corporation headed by D.F. Sawyer. Sawyer was a civic leader as well as an Iowa City clothing merchant, president of the Iowa City Light and Power Company, and sponsor of and uniform supplier for the well- respected Sawyer Hose Company No. 2. Sawyer served as president for the glove and novelty company, D.A. Reese was vice president, W.H. Bailey (a lawyer) was secretary, and Frank K. Stebbins Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 5 Hawthorne Glove & Novelty Co./Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City was manager. In September 1904 the local newspaper announced plans for the construction of a new building on South Gilbert Street. At the time, Stebbins was concluding a seven year term (1897 -1904) as Iowa City mayor. Prior to becoming manager for the glove and novelty company, Stebbins had operated a meat market on South Dubuque Street beginning in the 1870s and continuing through ca.1894 when the shop was known as "Franklin Market." The business likely brought him into contact with Sawyer as a fellow downtown merchant and Stebbin's term as mayor likely connected him to the other incorporators of Hawthorne Glove and Novelty Company. The new factory building was to be located near the south end of a three to four block -long industrial corridor that extended south along Gilbert Street from South Market Square (just north of Burlington Street between Gilbert and Van Buren streets) at the south edge of the central business district to the main line tracks of the Chicago, Rock Island and Pacific Railroad (Rock Island RR). The corridor varied from 1 to 1'/2 blocks in width and was defined by the generally north -south course of Ralston Creek that it followed and the paralleling route of the Burlington, Cedar Rapids and Northern Railroad (B,CR & N RR) line. At the north end, South Market Square was the site of the B,CR, & N RR passenger depot and freight house (both nonextant) and at the south end it crossed the main line tracks of the Rock Island RR between the Rock Island Passenger Station and the west end of the four -block long railroad grounds. The Maiden Lane - Gilbert Street industrial corridor hosted a number of manufacturing, milling, warehouse, and commercial concerns from the 1870s through the 1940s. Most of these concerns took advantage of the proximity of this corridor to the B, CR, & N RR route and its connection to the main line of the Rock Island RR via a series of Y- tracks and spur lines that formed a giant X in the center of Iowa City. Beginning at the north end of the corridor just south of Burlington Street and extending south, the decade of thel890s saw industrial concerns include Hawkeye /Dalschind & Schmidt Foundry; the Iowa City Gas & Light Company; Sheets and Freyder Planning Mill; blacksmith, carpenter and machine shops; a cooper shop and barrel warehouse; the Iowa City Mills flour mill; E.J. Regan Wire Fence Company; and the most substantial factory site along the corridor located north of the vacant lot eventually occupied by the glove factory — the Close Linseed Oil Works. Residences were scattered east of Gilbert Street with the Close House (NRHP- listed) at 539 S. Gilbert Street. In June 1905, local and regional newspapers wrote about a major fire experienced by the Hawthorne Glove and Novelty Company costing the firm $60,000 in losses for the building and completed stock on site. The account on June 22, 1905 in the Oskaloosa Herald indicated that the company planned to rebuild and that sufficient insurance was available to cover the loss. By 1906 when the new glove factory building was completed, Sanborn Maps show the industrial corridor contained most of the same concerns as earlier decades but with changes in ownership for the flour mill and a major change in use for the linseed oil works, which was converted to several van and storage warehouses and a factory. The new glove factory prominently occupied a new section of Prentiss Street extending west of South Gilbert Street. The B,CR & N RR Passenger Depot and Freight House along with the three -bay round house continued in place north of the new factory as did the palatial residence of the Close family on the opposite side of Gilbert Street. Modest -scale residences occupied scattered sites south of the glove factory with a new tin shop immediately south of the Prentiss and Gilbert intersection. During the decade leading up to World War I, the new building occupant — Shrader Drug Company — was one of three pharmaceutical and drug related factories located along the South Gilbert Street corridor. At the far north end, the Boerner -Fry Company (322 E. Washington Street, NRHP - listed) manufactured perfumes and extracts, which were regionally distributed. Immediately north of Shrader, the Central Manufacturing Company, manufacturers of perfumes and toiletries, occupied a multi -story building on the former linseed oil works site. Shrader Drug Company originally established in 1899, joined their competitors by 1911 along Gilbert Street converting the former glove factory to a facility for manufacturing, Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Paae 6 Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City packaging and distributing drug powders and veterinary remedies for direct sale throughout the state. The company added the manufacture of mineral stock feeds under the brand name "San- Tone" as additives for farm livestock, especially poultry, hogs and sheep. W.E. Shrader and A.C. Howell were the joint owners at the time. By 1923, Andrew C. Howell was president of the company and Lloyd A. Howell had purchased Shrader's shares and was serving as secretary. In 1929 the Howells had paid off their mortgage and business acquisition costs to Shrader. The following year March 17, 1930, the name of the firm was formerly changed to "Howell- Shrader Drug Company." During the 1920s and 1930s, major manufacturing concerns in the Gilbert St.- Maiden Lane corridor remained the same as previous decades with only a few changes in ownership and operators recorded. The planning mill, flour mill, foundry, wholesale grocery warehouse, drug companies, and sheet metal works remained while the storage and transfer business in the former linseed oil works building was expanded and reconfigured. The Howell- Shrader Drug Company continued to see its drummers selling product along the extensive system of rail lines extending outside of Iowa City and into surrounding states. In 1945, the drug company saw another name change when on February 7, 1945 it became the "Howell - Shrader Company." The 1948 Sanborn Map continues to show the company producing stock remedies from its South Gilbert Street factory and warehouse. Another product line added was farm fertilizer. Advertisements and at least one law -suit suggest the company was concentrating on stock powders for mixing with feeds during the 1930s — 1950s. In 1956, Henrietta Howell, Lloyd Howell's widow for nearly a decade, closed the Howell- Shrader Company and sold the building to neighboring business owner Charles Whipple who operated Thompson Transfer and Storage Company warehouse. Three years later in 1959, the former glove factory and drug company building became "Whipple House Furniture Store" run by Charles Whipple and his wife Claire. The Whipple House remained in operation for nearly two decades until 1975 when the building was sold to James E. Truitt for $75,000. Truitt initially operated The Cycle Barn for motorcycle sales, and the retail sale of motorcycle apparel and service. A portion of an upper floor was occupied by the New Pioneer Coop, a wholesale and retail food company. During the balance of the 1970s and early 1980s, tenants in the building changed including the Iowa City Women's Press on the first and second floors, several book binders in smaller locations, and Titronics Company, an electronics firm, on the upper level. These uses continued when Truitt sold the building to Edwin and Helen O'Brien in 1882. After a period when the building stood vacant in the mid- 1980s, "The Vine Tavern" was established in the basement level. In ca. 1998 the building was passed to Joseph M. Kennedy and a short time later to J.M.K. Holdings. The Vine Tavern remained under Kennedy's ownership but the upper three levels were converted to use as individual artist studios. This combination of uses remains in place in 2012. 9. Major Bibliographic References Abstract of Title, Lot 8, Block 5, Lyon's First Addition to the Original Town of Iowa City (529 South Gilbert Street). Advertising pamplet for Howell- Shrader Drug Co. agent, Fred Knabel, Big Rock Iowa, ca. 1941. Available online at: http://www.ebay.com/itm/ HOWELL- SHRADER- DRUG -CO- Iowa - City -F- Knabel - Agent- /290695660053; accessed 5/14/2012. Advertisement for Howell- Shrader Drug Company, Iowa City Press - Citizen, July 1, 1939. Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 7 Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City "Brick or Stone Building Next Hawthorne Company." Iowa State Press, September 5, 1903, p. 4. "Hawthorne Novelty Co. Day Book," May 1900 — June 1901, State Historical Society of Iowa Collection, Iowa City, Iowa. Iowa City city directories, 1899 through 1985. Mead, Mildred. Photographs taken March 31, 1966, PA 74, State Historical Society of Iowa Collection, Iowa City, Iowa. Property Transfer Records, Johnson County Auditor's Office. Tax Assessor's Records, City of Iowa City Assessor. Sanborn maps, 1899, 1906, 1912, 1920, 926, 1933, 1933 updated to 1948, and 1933 updated to 1970. Weber, Irving. "Article 392, 40 Years Key Dates in Iowa City History" (Iowa City Press - Citizen, November 28, 1981); Historical Stories about Iowa City, Volume 5, pp. 35 -38; available online at: http: / /digital.lib.uiowa.edu /weber /index.php. Weber, Irving. Historical Stories about Iowa City, Volume 1, pp. 238 -240; available online at: hftp://digital.lib.uiowa.edu/weber/index.php. Iowa Department of Cultural Affairs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Page 8 Site Number 52- 05128 Related District Number Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Advertisement for Howell- Shrader Drug Company, Iowa City Press - Citizen, July 1, 1939 (reprinted in Irving Weber's "Article 392, 40 Years Key Dates in Iowa City History," Iowa City Press - Citizen, November 28, 1981). 1`exaet yrar A, F . f:kradz<r vp.^xiazd has eh4,_aay as f"liai.in anal C'rollrha• strut. G3 erpr.a and twit.. prrpafiaq wt»rk t.raira in thr lne. k at ht. tirvtl <uov Thrrr arrr an #1erttn` Iffht.. tr#rptiaanra, avturnvhwlaa. PO-4 heth...k. ttmam cx- f }arabu,+., tr » +..+ra rural Matl rvntra. and 11.4­ is tka«s afar. Mere Were You In 1899? 'iixat Arai SiP }e wkr asirf xad k t tlaw.:#! {€srri,rti rlrr prrbi^aa r�.rsnpartp #w M.-f- t." 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I ark 44"i.r£il ". t'aar Sao V­, ir•-.+ t::apcaasl #.in t431 lost 4 ,t.'a ON aftraa 4.1 f., IN, @h.rh.,eaf rvnatrvr trd. Through All These Years — 'f'hf tt. W*1I-` n,n4rr f)rfbp 4 "oin;,."•. t U.4a f it has - .anI art trrt•d drfara< 4.4t, d* hww krttt -,f.p -0h Ihrx taarrsa in Cho imprPN,x,4 taanntartarr of satarral ff ,4. I.f ti ... 40, k arralwqg thr farerirr. of Kra. anti wurruunitIAK .tafr* 7v*MflVn� 1—a4 IN liar. ., Th. lie 1-tot. l.,i,,, \ a aa-a TO . Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 9 Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Advertising pamplet for Howell- Shrader Drug Co., Agent, Fred Knabel, Big Rock Iowa, ca. 1941. Available online at: http://www.ebay.com/itm/ HOWELL- SHRADER- DRUG -CO- Iowa - City -F- Knabel - Agent- /290695660053; accessed 5/14/2012. Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 10 Hawthorne Glove & Novelty Co. /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Historic Photos: The Whipple House Furniture Store Building, 529 So. Gilbert St., March 31, 1966, front - looking northwest and rear - looking northeast (Mildred Mead, photographer, PA 74, Mildred Mead Photograph Collection, State Historical Society of Iowa Library, Iowa City, IA) Iowa Department of Cultural Affairs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Page 11 Site Number 52- 05128 Related District Number Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Sanborn Map: Iowa City, 1899 A ,+F0+ v r .+ ijY t O« A 5 I f pey p � t a / A 2 + N ^- 5[ t + t e A M � Vacant - future k i factory site, Lot 8 r and part of Lot 7 �A �0T h w N A N b u e N * C l7 Z Close House, National Register listed Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 12 Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City C Sanborn Map: Iowa City, 1906 tetk• >r n � 41 0 •3„�3 t lk o. 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A' a � r � 1 ; 0 b z A e t Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 13 Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City t Sanborn Map: Iowa City, 1912 Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 14 Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City t Sanborn Map: Iowa City, 1920 Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 15 Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City t Sanborn Map: Iowa City, 1926 Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 16 Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City t S7A»om ' oK #s 043 OU 3 Ar y 3Z© 4. 4 a lit v Sanborn Map: Iowa City, 1933 T -a -W, (ai) wow rpr a , r �1 �� Ar 041r4L � Ae,gbs o i'r1 N �tIJVO WxS� h ltr.� M h 33! rIA, A10 # +�+0 I1. 7r qo 10 0 ?.s'!a H' F Ep--9.. 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F 9 Iowa Department of Cultural Affairs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Page 17 Site Number 52- 05128 Related District Number Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City LI Sanborn Map: Iowa City, 1933 updated to 1948 Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 18 Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Sanborn Map: Iowa City, 1933 updated to 1970 4 2 ZI J � I 1 ( +A) /6 C i rty 3 W o CD p � _ Ui �6)MtM4.. & 0 i o earn" wirx�_. v O A G i 7 /! js A b IIItt / ✓y � B t j� Oh °"j C�/i0�N17 f r9 .r�Kru 331 8 I a -, l n FN. 40LI ifR. • C.R OMr. Rf. 4O1 up7 AY Q Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Historic Photos: The Whipple House Furniture Store Building, 529 So. Gilbert St., March 31, 1966, front - looking northwest and rear - looking northeast (Mildred Mead, photographer, PA 74, Mildred Mead Photograph Collection, State Historical Society of Iowa Library, Iowa City, IA) Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 20 Hawthorne Glove & Novelty Co /Shrader Druq Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Elevations: East Elevation (top) and South Elevation (bottom), John F. Shaw, architect, June 2012 nExisting East Elevation nExisting South Elevation Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet 21 Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Elevations: West Elevation (top) and North Elevation (bottom), John F. Shaw, architect, June 2012. (Z Existing West Elevation NZY aUsting North Elevation Iowa Department of Cultural Affairs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Page 22 Site Number 52- 05128 Related District Number Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Existing Lower Level Floor Plan, John F. Shaw, architect, June 2012. tilExlsting Lower Floor Plan -A—,- Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 23 Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Existing First Floor Plan, John F. Shaw, architect, June 2012. Existing First Floor Plan o Iowa Department of Cultural Affairs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Page 24 Site Number 52- 05128 Related District Number Hawthorne Glove & Novelty Co. /Shrader Drug Co. Buildinq Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Existing Second Floor Plan, John F. Shaw, architect, June 2012. Existing Second Floor Plan f c- Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 25 Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Existing Third Floor Plan, John F. Shaw, architect, June 2012. t Existing Third Floor Plan Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Site Plan: map source - Iowa City Assessor's web site available at: http: / /iowacity. iowaassessors .com /parcel.php ?gid= 109931; accessed 6/10/2012. Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Photos: front (top) and south (bottom) fagades, looking west and north (John Shaw, photographer, 3 -2012) Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 28 Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Photos: clockwise - west and south fagades, looking northeast; fire escape and window details on south facade, looking north; west or rear fagade, looking east (John Shaw, photographer, 5 -14 -2012) Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Paqe 29 Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Photos: clockwise - front facade details: entrance steps, railing & door, looking west; entrance door, looking west; and window detail, looking west (John Shaw, photographer, 5 -14 -2012) Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 30 Hawthorne Glove & Novelty Co /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Photos: front facade of north garage addition (top), looking west; north garage addition (bottom), looking southwest (John Shaw, photographer, 3 -2012) Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet 19 Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet 32 Hawthorne Glove & Novelty Co. /Shrader Drug Co. Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Photos: rear or west fagade (top), looking east and north addition rear wall detail (bottom), looking east (John Shaw, photographer, 3 -2012) Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet P Hawthorne Glove & Novelty Co. /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Photos: window and south entrance door details, south fagade, looking north (John Shaw, photographer, 5 -14 -2012) Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 34 Hawthorne Glove & Novelty Co. /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Photographs: Interior seating area of the Vine Tavern, basement level, looking northwest and west (John Shaw photographer, 5 -14- 2012). Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 35 Hawthorne Glove & Novelty Co. /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City :erior, :owards /ine nt level, >t (John )her, 6 -6- swards )king west Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 36 Hawthorne Glove & Novelty Co. /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Photographs: First Floor, looking northwest (top), southeast and restroom door detail (middle), and northeast (bottom), (John Shaw, photographer, 6 -6- 2012). ... .���� Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet 111 Hawthorne Glove & Novelty Co. /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Photographs: northeast staircase, 151 floor, looking east at foot of stairs and look west towards second floor (John Shaw, photographer, 5 -14 -2012) Hallway leading from staircase to central east -west corridor, looking south. (John Shaw, photographer, 6 -6- 2012) Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52- 05128 Iowa Site Inventory Form Related District Number Continuation Sheet Page 38 Hawthorne Glove & Novelty Co. /Shrader Drug Co Building Johnson Name of Property County 529 South Gilbert Street Iowa City Address City Photographs: Central corridor (looking west) and representative studio spaces, 1s'through 3rd floors, with wood and tile floors, gypsum board walls, and brick walls (John Shaw, photographer, 5 -14 -2012) MINUTES PRELIMINARY HISTORIC PRESERVATION COMMISSION MARCH 1, 2013 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, Shannon Gassman, Andrew Litton, Pam Michaud, Ginalie Swaim, Dana Thomann, Frank Wagner MEMBERS ABSENT: William Downing, David McMahon STAFF PRESENT: Chery Peterson, Bob Miklo OTHERS PRESENT: John Shaw RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Swaim called the meeting to order at 12:15 p.m. PUBLIC HEARING ON THE DESIGNATION OF 529 SOUTH GILBERT STREET AS AN HISTORIC LANDMARK: Peterson showed a site plan of the property on the corner of Gilbert and Prentiss Streets. She said the building is across the street from the Mansion, with which it has an historic connection. Peterson referred to a few of the images from the Iowa Site Inventory. She showed a picture of the building from 1941 and said it really has not changed. Peterson showed a photograph from 1966. She said it was originally a factory building, and that is the type of architecture of the building. Peterson showed a photograph of the front door and examples of windows. She showed views of the first level interior space with the iron columns. Peterson showed the typical, upper -level studio /apartment spaces as well as the basement. Peterson said the packet includes the entire site inventory, with the history and description. She said there is also a memo from Miklo regarding the criteria. Peterson said staff feels this building meets, at the very least, the A, B, and C criteria for significance. She said she also feels it meets the E criterion. Peterson said these correspond to the criteria on the first page of the site inventory where the property is associated with significant events. She said she also feels the property has significant architectural characteristics. Miklo said that if the property is determined to be a landmark by the Commission, reviewed by the Planning and Zoning Commission and finally approved by the City Council, it will then require Historic Preservation Commission review and approval of any significant work to the exterior of the building. He said it will also provide some zoning incentives, in that landmark properties can seek waivers of certain zoning requirements such as parking through the Board of Adjustment. Miklo said approval is not a given; the neighbors would be notified and a public HISTORIC PRESERVATION COMMISSION March 1, 2013 Page 2 of 5 meeting would be held to review the circumstances of the case. He said that the provision is in the zoning code specifically to help reuse historic buildings rather than having them removed and replaced with new structures. Miklo said they are also going to the Planning and Zoning Commission and the City Council with an amendment that would allow at -grade floors in commercial zones to be used for residential purposes. He said that currently, in the commercial zones, one can have residential, provided it is above the ground floor. Miklo said there is one exception for the downtown zone, where for historic buildings one can seek a special exception to have the first floor used for non- commercial uses if the building was originally built and designed for non - commercial uses. Miklo said that an example of this would be the Carnegie Library. He said the City specifically adopted that ordinance to allow it to be used for residential purposes, the idea being that in unique situations such as the Carnegie Library and this building, which was built as a factory, this additional amendment would allow the Board of Adjustment to allow residential uses at the sidewalk level to give flexibility to let the building be reused. Public hearing open. Shaw said he is the architect for this project. He said the historic preservation tax incentives are not to be confused with tax increment financing. Shaw said it does not take money from the local schools or anything else. Shaw stated that historic preservation tax incentives will be applied both at the federal and state levels. He said this will allow the applicant to take the amount of qualified rehabilitation costs from his tax bill each year. Shaw said the applicant can deduct that amount from what is owed in taxes. He said the limits for federal tax incentives are up to 20% of the qualified rehabilitation costs. Shaw said that at the state level, the owner can deduct up to 25% of the qualified rehabilitation costs. Shaw said that at the federal level it is incremental. He said that once one reaches his tax liability and if the credit amount is over the tax liability for that particular year, it can be carried forward to the next year until all the credits on the property are exhausted. Shaw said that on the state level, one goes up to the limit of tax liability, and then the state actually writes a check to the owner for the balance. Baldridge asked if there is a staircase in the building. Shaw said the original staircase was taken out, and there is a back staircase that is old but is not original. He said there is a metal stair that goes up to the first floor at the back of the building. Shaw said that staircase would remain. He said the front staircase was not original. Shaw said this building is about the purest building one will ever find, because it was a factory, and there was not much in it. He said the cleanliness of the design is striking. Shaw said there are two stairways — the first is the back stairway — the exterior stair going up. He said the other is the front stairway that comes up off Gilbert. He said that four or five existing windows were closed to put that in, so it obviously was not an original staircase. Michaud asked if the first floor could now be residential. Shaw said the City determined that there are two at -grade floors on the building. He said the lower level is the Vine, and that is commercial and would comply with the requirements currently in code. Shaw said the City HISTORIC PRESERVATION COMMISSION March 1, 2013 Page 3 of 5 determined that the Gilbert Street level was also at grade so that there are two at -grade floors on the building. Shaw stated that it is his understanding that in the CB -5 zone, the current code does not allow residential on a ground floor except for the historic preservation exceptions mentioned by Miklo. Shaw said that this entire area, however, is under flux, and it is the intent of the City to take this to a form based code. He said that it is his understanding that when the form based code is in place, residential will be allowed on the ground floor. Miklo said that is accurate. Swaim asked about criterion E and said the Commission should discuss whether it applies here. Peterson said she believes E would apply, and adding it to the motion would make this consistent with the Site Inventory Form. Shaw asked if those criteria are part of the local ordinance. Peterson confirmed this. Peterson said that confirming criteria A, B, and C pretty much relates to the site form, which says that the property is associated with significant events. Miklo said there is some confusion with the lettering systems of the City versus the Site Inventory Form. He said the City's standards were the same as the Secretary of the Interior Standards when the City ordinance was written in 1983. Miklo said the content is generally the same, but the lettering /numbering system is different. Peterson said staff is suggesting adding criterion E, because it is part of the City criteria that acknowledges that the building is architecturally significant. Thomann said there is a typographical error on page six of the site inventory. She said where the date reads 1882, she believes it should be 1982. Shaw said they have noted that. Shaw thanked the Commission members for coming to a special meeting in the middle of the day. Michaud asked Shaw if there is any requirement is to add back the windows that were taken out in the front. Shaw said that part one on the federal level for historic preservation tax incentives is determination of eligibility. He said that is reviewed by the State Historic Preservation Office (SHPO) and then sent on to the National Park Service with a recommendation. Shaw said he has received a letter back from the National Park Service determining that the building is eligible for the National Register. Shaw stated that part two involves an evaluation of what the owner proposes to do. He said that has been approved at the State level. Shaw said that SHPO had comments, and some fairly minor changes were made. He said the State evaluates these according to the Secretary of the Interior Standards for the renovation and rehabilitation of historic structures. Shaw said that has been approved and sent to the National Park Service, but he has not yet received verification that it has been cleared. Shaw said that every one of the existing, wood windows is going to be taken out and restored, refitted, and put back in. He said the windows that are closed up because of the building constructed to the north will have the historic glass removed to be used to restore any cracked and broken panes elsewhere on the building. Shaw added that if they have to use any new HISTORIC PRESERVATION COMMISSION March 1, 2013 Page 4 of 5 glass, they are going to make that all in one section on the north side of the building that is very difficult to see. Michaud asked if the rehabilitation costs of the building have to be 50% or more of the current value of the building in order to earn the tax incentives. Shaw replied that he did not know but said it is a moot question, because the costs will be well over 50% of the value of the building. Michaud asked if there will ultimately be apartments there or something else. Shaw said they will be apartments. He said the Vine will remain. Shaw stated that on the ground floor off Gilbert Street and the two levels above that, there will be twelve apartments in total — four on each level. MOTION: Wagner moved to approve the designation of 529 South Gilbert Street as an Iowa City historic landmark based on the criteria for local designation A, B, C, and E. Ackerson seconded the motion. The motion carried on a vote of 9 -0 (Downing and McMahon absent). ADJOURNMENT: The meeting was adjourned at 12:41 p.m Minutes submitted by Anne Schulte PLANNING AND ZONING COMMISSION PRELIMINARY MARCH 7 — 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL EXCERPT Rezoning Item REZ13- 00008: An application submitted by JMK Holdings LC — The Vine Tavern for a rezoning to designate approximately .08 -acres of property located at 529 S Gilbert Street as a Historic Landmark. Miklo said the Historic Preservation Commission has determined that this meets the criteria for landmark status. He said it is in the Riverfront Crossings area, which identifies the group of buildings along this portion of Gilbert Street as remaining, given their historic status. He said staff finds that this application does comply with the Comprehensive Plan and recommends approval. Freerks opened public hearing. John Shaw, the architect for the project, said he thinks this is a wonderful example of a beautiful, simple historic industrial building that should be protected. Freerks said she would agree, and she's happy it's still there. Martin asked if it is in historic preservation purview to maintain the vines that are on the brick. Shaw said the building is called The Vine, and he doesn't think those vines are coming off any time soon. Freerks closed public hearing. Weitzel moved to recommend approval of REZ13- 00008, an application to designate 529 S. Gilbert Street as an Iowa City Historic Landmark. Eastham seconded. Freerks said this is a different kind of building from what people often think of as historic, but she thinks it is wonderful that people have taken on this project, and she thinks and hopes it will be very successful. She thinks there might be a few other such buildings in the area that would fall within the same category eventually. Weitzel said that industrial buildings are often determined historic, but Iowa City just doesn't have many. A vote was taken and the motion carried 6 -0. Prepared by: Senior Planner, Robert Miklo, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 (REZ13- 00008) ORDINANCE NO. ORDINANCE REZONING APPROXIMATELY .09 ACRES LOCATED AT 529 S. GILBERT STREET AS AN IOWA CITY HISTORIC LANDMARK. (REZ13- 00008) WHEREAS, the applicant, JMK Holdings — The Vine Tavern, has reque located at 529 S. Gilbert Street to designate the property as an Iowa City Historic WHEREAS, the Histo' is Preservation element of the Comprehensive Plan and preservation of historicesources significant to Iowa City's past; and WHERAS, research coNucted on behalf of the applicant revealed that this a factory for the Hawthorne G ve & Novelty Co.; and WHEREAS, the Historic P servation Commission and State Historical Socii worthy of preservation; and WHEREAS, this property is to ated within the Riverfront Crossings District; a WHEREAS, The Riverfront Cr sings Master Plan, an element of the Com the preservation of historic properties within the District; and WHEREAS, the Planning and Zo ing Commission has found the desig t Landmark to be in compliance with the omprehensive Plan and has recom n� NOW, THEREFORE, BE IT ORDAINED Y THE CITY COUNCIL OF THE ITY SECTION I APPROVAL. Property scribed below is hereby desi nate� Landmark: THE N 35.72' OF LOT 8 & S 12.5' of LOT BLOCK 5 OF L JOHNSON COUNTY, IOWA. SECTION II. ZONING MAP. The Building insp ctc zoning map of the City of Iowa City, Iowa, to conform tc and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. City Clerk is hereby authorized and directed to certify a ci office of the County Recorder of Johnson County, Iowa, a SECTION IV. REPEALER. All ordinances and pa Ordinance are hereby repealed. SECT O is this rezoning of a property mark; and irages the identification was built in 1905 as have determined that it is Plan, encourages Dn as an Iowa City Historic led approval. OF IOWA CITY, IOWA: I as an Iowa City Historic FIRST ADDITION, IOWA CITY, authorized and directed to change the Iment upon the final passage, approval Jp n passage and approval of the Ordinance, the - this ordinance and to record the same, at the �d� ner's expense, all as provided by law. oinan ces in conflict with the provisions of this I N V. SEVERABILITY. If any section, pr islon or pa invalid or unconstitutional, such adjudication shall t affect the section, provision or part thereof not adjudged inv id or unconstitt, SECTION VI. EFFECTIVE DATE. This Or finance shall be in publication, as provided by law. MAYOR ATTEST: CITY CLERK Approved by City Attorney's Office of the Ordinance shall be adjudged to be ldity of the Ordinance as a whole or any after its final passage, approval and f„ 4g Prepared by: Karen Howard, Associate Planner, 410 E Washington St, Iowa City, IA 52240 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 14 -4E -8 OF THE ZONING CODE TO MODIFY HOW NONCONFORMING DEVELOPMENT IS REGULATED WHEREAS, the City's zoning code establishes rules that guide the use and development of properties that are legally nonconforming due to a change in the zoning designation of a property or a change in the zoning regulations; and WHEREAS, it is the intent of the nonconforming provisions of the zoning code to guide future uses and development in a direction consistent with City policy, to protect the character of an area by reducing the potential negative impacts from nonconforming situations, and over time, to bring development into compliance with the City's regulations while also providing for flexibility and relief from the strict application of zoning provisions so that properties can continue in productive use over time; and WHEREAS, the provisions in Section 14 -4E -8, Nonconforming Development, are intended to provide flexibility and in some cases relief from the current site development standards for nonconforming property as they redevelop, expand, or change uses over time; and WHEREAS, while recent changes to the zoning code brought the City's regulations in line with current accepted practice with regard to commercial site design, including screening and buffering parking areas, outdoor storage areas, and display lots from public sidewalks and neighboring properties, there are many older properties that are noncompliant with these new standards; and WHEREAS, it is necessary to provide more flexibility and relief in certain circumstances from the strict application of new site development standards that would not be feasible or practical or would unduly reduce the ability to use or re -use a property due to topography, location of existing buildings, or other site constraints. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting paragraphs 14- 4E -8A -2 and 14- 4E -8A -3, and substituting in lieu thereof: 2. Alterations When structural alterations are made to a building or buildings on a property that contains nonconforming development, and said structural alterations result in an increase in the occupancy load of a building or increase the number of bedrooms, number of dwelling units, or otherwise increase the allowable residential occupancy of a building, the site must be brought into conformance with the development standards listed in subparagraph b., up to the cap stated in subparagraph c. Certain structural alterations are exempt from the requirements of this paragraph as listed in subparagraph a., below. a. Exemptions Improvements for fire, life safety and accessibility shall not trigger a requirement to bring nonconforming development into compliance. b. Standards that must be met Development not in compliance with the development standards listed below Ordinance No. Page 2 must be brought into conformance or be granted a minor modification. Requirements or standards that would not be feasible or practical or would unduly reduce the ability to use or re -use the property due to topography, location of existing buildings, or other site constraints, may be modified or waived by minor modification. The City, at its discretion, may also waive or modify by minor modification any standards that cannot be met due to a conflict with any other requirement of this Title. (1) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas along street -side lot lines according to the applicable screening standard. Setback requirements may be modified to address site constraints; (2) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas from the Iowa River or from any Parks and Open Space Use, including trails, according to the applicable screening standard. Setback requirements may be modified to address site constraints; (3) Outdoor lighting standards; (4) Bicycle parking requirements; (5) Street and residential tree requirements; (6) Design, layout, landscaping, and tree requirements within parking areas; (7) Pedestrian circulation standards; (8) Screening of existing parking, loading, vehicular use areas, and outdoor storage and display areas along side or rear lot lines. Setback requirements may be modified to address site constraints; (9) Access management standards. C. Cap on the cost of compliance. The standards listed in subparagraph b. must be met for the entire site. However, where the cost of compliance with the standards enumerated in subparagraph b above exceeds 10 percent of the value of the applicable structural alterations, the site shall be brought into compliance with all site development standards up to this 10 percent cap. The value of the alterations is based on the entire project, not individual building permits. It is the responsibility of the applicant to document that the cost of the required site development improvements will be greater than 10 percent of the value of the proposed structural alterations to the building or buildings on the site. If not all site improvements are being made, due to the cost exceeding the cap, the extent and location of the site improvements below the cap will be determined by the City and shall generally follow the order of priority listed in subparagraph b, above. However, at the discretion of the City, the order of priorities may be adjusted in response to specific site characteristics and traffic safety concerns in order to maximize the benefits of site improvements for site users, adjacent properties, and the public. Ordinance No. Page 3 3. Damaged, Demolished or Destroyed Site a. Restoration of a structure, which has been damaged by fire, explosion, act of God or by a public enemy shall not trigger a requirement to bring nonconforming development into compliance. b. When a use is proposed for a property where the principal building(s) have been demolished or destroyed, but that contains nonconforming development, such as parking lot paving, exterior lighting, signage, etc, the property must be brought into compliance with all applicable site development standards as set forth in the base zone and in Chapter 14 -5. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this day of , 2013. MAYOR Appr ved by ATTEST: 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: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 3/5/2013 Vote forpassage: AYES: Dickens, Dobyns, Hayek, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. Second Consideration 3/19/2013 Voteforpassage: AYES: Hayek, Mims, Payne, Throgmorton, Champion, Dickens, Dobyns. NAYS: None. ABSENT: None. Date published 4h Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 14 -4B -12 AND TABLE 2C -1 OF THE ZONING CODE TO INCLUDE NEW STANDARDS FOR QUICK VEHICLE SERVICING USES IF LOCATED IN THE TOWNCREST DESIGN REVIEW DISTRICT OR THE RIVERFRONT CROSSINGS DISTRICT WHEREAS, the City Council has recently adopted the Towncrest Design Review District and the Riverfront Crossings District Master Plan, and these districts share a common goal of facilitating the revitalization and redevelopment of an underutilized city area; and WHEREAS, the intent is to adopt policies and regulations that will provide the opportunity for transforming these areas from an auto - oriented development pattern to a more walkable urban pattern; and WHEREAS, where residential uses are adjacent to or located on upper floors above commercial uses, it is important to ensure externalities associated with commercial activity are mitigated as much as possible, and outdoor storage and work areas, exterior lighting, parking areas, and drives need to be carefully located and screened; and WHEREAS, integrating auto-oriented. uses, such as Quick Vehicle Servicing Uses (gas stations and similar) into Riverfront Crossings and Towncrest in a manner that is compatible with the new vision for these areas as pedestrian- oriented with a mix of residential and commercial uses presents unique challenges; and WHEREAS, Quick Vehicle Servicing Uses are already allowed in two of Iowa City's more urban zoning districts, the Central Business Support (CB -5) and Central Business Service (CB -2) zones, but must comply with the Central Business Site Development Standards that require urban street frontages with buildings located close to the street with parking and vehicle service areas located to the side or rear; and WHEREAS, the same urban standards for Quick Vehicle Servicing Uses in the CB -5 and CB- 2 zones should be applied to these uses in the Riverfront Crossings and Towncrest Districts; and WHEREAS, because detailed design plans for both the Riverfront Crossings District and Towncrest identify specific goals and objectives for these areas, Quick Vehicle Servicing Uses should be carefully considered through a special exception process that will allow the Board of Adjustment to consider the unique characteristics of each site proposed for these uses to ensure compatibility with the goals and objectives of these design plans; and WHEREAS, the Planning and Zoning Commission has reviewed this ordinance and recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete paragraph 14- 413-413-12 and substitute in lieu thereof: 12. Quick Vehicle Servicing a. All vehicular use areas, including parking and stacking spaces, drives, aisles, and service lanes, must be screened from the public right -of -way to the S2 standard Ordinance No. Page 2 and to the S3 standard along any side or rear lot line that abuts a Residential Zone boundary (See Article 14 -5F, Screening and Buffering Standards). b. Sufficient vehicle stacking spaces must be provided to prevent congestion and vehicle conflicts along abutting streets. C. Unenclosed canopies over gas pump islands must be setback at least 10 feet from any street right -of -way. Fuel dispensing equipment must be setback at least 10 feet from any street right -of -way and at least 100 feet from any Residential Zone boundary, except in the CB -2 Zone. In the CB -2 Zone, fuel dispensing equipment must be setback at least 10 feet from any street right -of- way and at least 70 feet from any Residential Zone boundary. d. All lighting must comply with the provisions of Article 14 -5G, Outdoor Lighting Standards. e. In the CN -1, CB -2, and CB -5 Zones, the proposed use will be designed and developed with adequate separation and screening between vehicular use areas and adjacent Residential Zones. L In the CN -1, CB -2, and CB -5 Zones, car washes may contain no more than one bay and are permitted only if built in conjunction with another Quick Vehicle Servicing Use. The car wash must be located adjacent to and on the same property as the other Quick Vehicle Servicing Use and must be set back an adequate distance and screened to the S3 standard along any side or rear lot line that abuts a Residential Zone boundary. g. In the CN -1 Zone, no light source on the property, except for internally lit signs, shall be higher than 15 feet above finished grade. h. For properties located in the Towncrest Design Review District, as shown on the Towncrest Design Review District Map in 14- 3C -2A -9, and the Riverfront Crossings District, as shown in Figure 2C.8„ Quick Vehicle Servicing Uses are only allowed by special exception and must comply with the Central Business Site Development Standards, as they would be applied to a property in the CB -5 Zone, except as otherwise allowed by paragraph (i) below. i. For properties located in the CB -2 Zone, CB -5 Zone, Riverfront Crossings District, or Towncrest Design Review District, where it can be demonstrated that the proposed Quick Vehicle Servicing Use cannot comply with a specific Central Business Site Development Standard, the Board of Adjustment may grant a special exception to modify or waive the provision, provided that the intent of the development standard is not unduly compromised. The Board of Adjustment may impose any condition or conditions that are warranted to mitigate the effects of any variation from these development standards. B. Amend Table 2C -1, Principal Uses Allowed in Commercial Zones, by labeling Quick Vehicle Servicing Uses as "PR/S" in the columns for the CI -1 Zone, CC -2, Zone, and CB -2 Zone. C. Amend 14 -2C -11 Special Provisions, adding a "Subsection C. Riverfront Crossings District" and Insert the following map of the Riverfront Crossings District within this new subsection and label the map, Figure 2C.8 — Riverfront Crossings District Boundaries: Ordinance No. Page 3 `I�� UNIVERSITY � .. E� L y rwA AiE OF 0VIA "A au �,, re4511aGICN St w n I I'M t" ;. [: �Ji n .... Post _ Cour# ffrc� _ NCUSe rri e. It P i k n+�.cWN 1 .. C .:. _. .{ S PRENTSS ST ...,, .. . ' . / aoevtr sr 11 � L J i. _ .. -- r^-' STATE _FRS~Y St'ASTfNA 7Cfxr _- ._. f 11 Eft TW T,SJ r 4~• __.... .,--.J I'ANT G ,..� ...., i... —: SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions 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 unconsti- tutional. Ordinance No. Page 4 SECTION IV. EFFECTIVE DATE. This approval and publication, as provided by law. Passed and approved this day of _ MAYOR ATTEST: CITY CLERK Appr ved by GG( City Attorneys Office,,, a 1 �� 3 Ordinance shall be in effect after its final passage, 2013. Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Dickens Dobyns Hayek Mims Payne Throgmorton that the First Consideration 3/5/2013 Vote for passage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: None. ABSENT: None. Second Consideration 3/19/2013 Vote for passage: AYES: Mims, Payne, Hayek. NAYS: Ndne. ABSENT: None. Date published Throgmorton, Champion, Dickens, Dobyns, M13 4i Prepared by: Karen Howard, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5234 (REZ12- 00016,18, & 19) ORDINANCE NO. 13 -4518 ORDINANCE REZONING APPROXIMATELY 0.47 ACRES OF LAND LOCATED AT 906 N. DODGE STREET FROM MULTI - FAMILY (R3B) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS -12) ZONE AND APPROXIMATELY 1.15 ACRES OF LAND LOCATED AT 911 N. GOVERNOR STREET FROM COMMERCIAL OFFICE (CO -1) ZONE TO HIGH DENSITY SINGLE FAMILY RESIDENTIAL (RS -12) ZONE AND APPROXIMATELY 1.78 ACRES OF LAND LOCATED AT 902 AND 906 N. DODGE STREET FROM MULTI - FAMILY (R3B) ZONE TO MEDIUM DENSITY MULTI - FAMILY RESIDENTIAL (RM -20) ZONE. (REZ12- 000016,18 & 19) WHEREAS, the City of Iowa City has initiated a rezoning of property located of 906 North Dodge Street from Multi- family (R3B) to High - Density Single- Family Residential (RS -12); property located at 911 North Governor Street from Commercial Office (CO -1) to High - Density Single - Family Residential (RS -12); property located at 902 and 906 North Dodge Street from Multi- family (R3B) to Medium - Density Multi- Family Residential (RM -20) in order to bring the properties into compliance with the City's Comprehensive Plan; and WHEREAS, City plans and policies, including the Comprehensive and Strategic Plan, have changed considerably in the last 40 years, with the current Comprehensive Plan and Historic Preservation Plan containing policies to encourage preservation of the single family character of the City's older single family neighborhoods and policies that serve to stabilize these neighborhoods by encouraging a healthier balance of rental and owner - occupied housing rather than redevelopment for housing that serves primarily short-term residents; and WHEREAS, the Central District Plan indicates that R313 zoning is obsolete and the properties with this designation should be rezoned to a valid zoning designation; WHEREAS, the Central District Plan, an element of the Iowa City Comprehensive Plan, indicates that the vacant property located immediately north of 906 North Dodge Street and the property at 911 North Governor Street are appropriate for single - family and duplex residential development (2 -13 dwelling units per acre); and WHEREAS, the current office development and Commercial Office zoning at 911 North Governor Street is inconsistent with the Comprehensive Plan and is not well- suited for modern office uses due to its location on a sloping, one -way street with poor visibility and access; and WHEREAS, the Central District Plan indicates that the properties at 902 and 906 North Dodge Street are appropriate for low- to medium - density multi - family development; this designation is intended to acknowledge the density of the existing multi - family buildings, but not allow further redevelopment or densification; and WHEREAS, the multi - family buildings at 902 and 906 North Dodge Street were originally developed under R3B zoning, a high - density multi - family zoning designation that is obsolete; and WHEREAS, R313 zoning allowed development up to a density of approximately 58 dwelling units per acre and under this zoning designation the properties at 902 and 606 North Dodge Street were developed at a unit density of approximately 20 units per acre; and WHEREAS, the Comprehensive Plan policies in place during the 1960s that led to the R313 zoning on Dodge Street encouraged demolition and redevelopment of older neighborhoods at higher densities; and WHEREAS, the City's Zoning Code no longer includes the R3B zoning designation due to its inconsistency with the City's current comprehensive planning goals and policies; and WHEREAS, rezoning the subject properties to appropriate and valid zoning designations will acknowledge the existing multi - family uses located on the properties at 902 and 906 North Dodge Street, while ensuring that any future development of the vacant parcel located north of 906 North Dodge Street or any future redevelopment of 911 North Governor Street provides a transition to a density that is more compatible with the residential character and lower density of the surrounding neighborhood and is consistent with the goals of the Comprehensive Plan, Central District Plan, and Historic Preservation Plan; and WHEREAS, the Planning and Zoning Commission reviewed the proposed rezoning and recommend approval; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designations as indicated below: Ordinance No. 13 -4518 Page 2 LEGAL DESCRIPTION The property located north of 906 North Dodge Street, as described below, is hereby reclassified from R313 to High Density Single Family Residential (RS -12): Commencing at the iron stake in the Southeast corner of Lot 49 in the Subdivision of the SE % of Section 3, Township 79 North, Range 6 West of the 5'" P. M., as per the recorded plat thereof; thence North 84.5 feet; thence West 210.0 feet on a line parallel with the South line of Lot 49; thence South 84.5 feet on a line parallel with the East line of said Lot 49; thence East on the South line of said Lot 49, 210.0 feet to the place of beginning. Properties at 902 and 906 North Dodge Street, described below, are hereby reclassified from R313 to Medium Density Multi- Family Residential (RM -20): All of lot 50 except the South 186 feet thereof, in the Subdivision of the SE % of Section 3, Township 79 North, Range 6 West of the 5th P.M., according to the recorded plat thereof recorded in Plat Book 1, Page 1, Plat Records of Johnson County, Iowa. The property located 911 North Governor Street, described below, is hereby reclassified from Commercial Office (CO -1) to High Density Single Family Residential (RS -12): Lots 8, 9 and 10, Bacon's Subdivision in the south part of Block 1, D.A. Dewey Addition to Iowa City, Iowa, according to the recorded Plat thereof, recorded in Plat Book 1, Page 5, Plat Records of Johnson County, 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. Pass d and approved this 19th day of March , 20 13 MAYOR Pro to ATTEST: 3e. 7t� CI CLERK Ap roved by City Attorney's Office 13 J i3 Ordinance No. 13 -4518 Page 3 It was moved by Champion and seconded by Dobyns that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ABSTAIN: _X_ x x x x x Champion Dickens Dobyns Hayek Mims Payne Throgmorton Q First Consideration 2/5/2013 Voteforpassage: AYES: Throgmorton, Champion, Dickens, Dobyns, Hayek, Mims, Payne. NAYS: None. ABSENT: None. Second Consideration 2/19/2013 Vote for passage: AYES: Dickens, Dobyns, Mims, Payne, Throgmorton, Champion. NAYS: None. ABSENT: None. ABSTAIN. Hayek. Date published 3/28/2013 L:Z7 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 1, ENTITLED "PARADES AND PUBLIC ASSEMBLIES," TO ALLOW STAFF TO APPROVE AMPLIFIED SOUND IN CITY PARKS. WHEREAS, presently parade and public assembly permittees can use amplified sound only if the event is reasonably expected to draw more than 500 persons or occupy a substantial area within City Plaza or a similar area within the downtown and is a community -wide attraction; WHEREAS, although the limitation was designed to limit amplified sound in City Plaza specifically and the downtown generally, it also applies to City parks; and WHEREAS, it is in the City's interest to allow amplified sound in City parks with the approval of the Director of Parks and Recreation Department. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled "Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 2, entitled "Permit and Compliance Required," is hereby amended by adding the following sentence to the end of Subsection F: Notwithstanding the provisions herein, the Director of the Parks and Recreation Department may approve the use of amplified sound in city parks pursuant to written rules. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of MAYOR ATTEST: CITY CLERK 2013. ,Awoved C\ City Attorney 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: Champion Dickens Dobyns Hayek Mims Payne Throgmorton First Consideration 3/19/2013 Vote forpassage: AYES: Dobyns, Hayek, Mims, Payne, Throgmorton, Champion, Dickens. NAYS: NOne. ABSENT: None. Second Consideration _ Vote for passage: Date published Marian Karr From: jwarner1 <jwarner1 @mchsi.com> Sent: Tuesday, March 19, 2013 12:53 PM To: Council Subject: Proposed Amplified Music in City Parks! Amplified Music in City Parks is a proven bad idea! I live near Mercer Park. We already have numerous examples of people blaring amplified music from this park and from car radios in the area, that affects residents of this area very negatively. This people with their amplified music literally have no regard for others and shut life down, sometimes for hours at a time requiring Police intervention. One Sunday two years ago a group at Mercer Park was allowed to blast their amplified (rap ?) music out to a five block radius, and by 1:OOpm it had literally shut down life for any number of people in the whole area, except for those gathered at the park. By 5:OOpm it had reached intolerable proportions with neighbors literally in the streets engaging in shouting matches with the 'offenders' in the park - and by 6:OOpm the Police had to intervene and shut the 'party' down! I was forced to leave my apartment two blocks away for the balance of the afternoon. I pray this NEVER gets repeated again ! ! ! ! ! Sincerely, J Warner 2714 Wayne - 351 -3037