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HomeMy WebLinkAbout12-20-2018 Planning and Zoning Commissiona1i 44 PLANNING AND ZONING COMMISSION December 20, 2018 Formal Meeting — 7:00 PM Emma Harvat Hall Iowa City City Hall 410 E. Washington Street AGENDA: 1. Call to Order 2. Roll Call 3. Public Discussion of Any Item Not on the Agenda 4. Rezoning Items: a. Discussion of an application submitted by the National Trust for Historic Preservation for a rezoning of approximately 0.56 acres of property located at 416 Reno Street from Medium Density Single -Family Residential Zone (RS-8) to Medium Density Single -Family Residential Zone (RS-8) with a Historic District Overlay (OHD). (REZ18-00021) b. Discussion of an application submitted by Joe Dan Coulter for a rezoning of approximately 1.73 acres of property located 1818 N. Dubuque Street from Low Density Single -Family Residential Zone (RS-5) to Low Density Single -Family Residential Zone (RS-5) with a Historic District Overlay (OHD). (REZ18-00023) 5. Fringe Area Rezoning: Discussion of an application submitted by Joseph and Nancy Sladek for a rezoning from County Highway Commercial (CH) to County Agriculture (A) for approximately 1.55 acres of property located at 4548 Sioux Avenue SE. (CZ18-00003) 6. Zoning Code Amendment Item: Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to minor amendments to address inconsistencies and clarify requirements. (ZCA18-00004) 7. Consideration of Meeting Minutes: October 18, 2018 8. Planning & Zoning Information a. Attendance Policy b. City Council request for consult regarding proposed transfer of development rights ordinance for historic properties 9. Adjournment If you will need disability -related accommodations to participate in this meeting, please contact Anne Russett, Urban Planning, at 319-356-5251 or anne-russett@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Planning &Zoning Commission Meetings Formal: January 3 / January 17 / February 7 Informal: Scheduled as needed. �r CITY OF IOWA CITY CITY OF IOVVA CITY MEMORANDUM Date: December 14, 2018 To: Planning and Zoning Commission From: Jessica Bristow, Historic Preservation Planner Re: Designation of 416 Reno Street as a Historic Landmark (REZ18-00021) Background: In 2015, the Historic Preservation Commission, began a study of Historic Properties that had been identified as possibly eligible for listing on the National Register of Historic Places but were not yet protected by zoning designations. The house at 416 Reno Street was identified as one of these key historic properties. Designation for this property was not pursued along with the recent group of Local Landmarks because the property had been entrusted to the National Trust for Historic Preservation. The National Trust, in conjunction with owner Carl Klaus, has subsequently initiated the National Register Nomination process and the Local Landmark designation process prior to formally transferring ownership of the property to the National Trust. They will sell the property once these processes are complete and the revenue will support their continued work in Historic Preservation. The enclosed National Register Nomination provides a discussion of the building's history and architecture. 416 Reno Street is a two-story brick house, built in 1898 in the Queen Anne Style. The house was owned by Albert Borts whose father was David Borts, a prominent Iowa City builder responsible for several Iowa City university and public buildings, including the Old Science Building (now known as Calvin Hall). David Borts may have been the builder of the house. Historic Preservation Commission Review: The Historic Preservation Commission met December 13, 2018 and conducted a public hearing at which they reviewed and evaluated the historic significance of 416 Reno Street. The Commission determined that the property meets the requirements for a landmark and voted to recommend approval of the designation of 416 Reno Street as an Iowa City Historic Landmark. The building is significant both because of its architecture and historic integrity and for its association with prominent figures in Iowa City's history. Landmark designation for 416 Reno Street, a property in a Medium Density Single Family Residential (RS-8) zone, will require Historic Preservation Commission approval of any significant changes to the exterior of the building. Landmark status will also make the property eligible for special exceptions (Section 14-213-8 of the zoning code) that allow the Board of Adjustment to waive or modify certain zoning requirements to help support the continued use of historic buildings. Landmark designation will also make it possible for financial incentives such as tax credits and the Iowa City Historic Preservation Fund to be available. Planning and Zoning Commission Review: Landmark Designation is a zoning overlay and therefore requires a recommendation from the Planning and Zoning Commission to the City Council. The Commission's role is to review the proposed designation based on its relation to the Comprehensive Plan and proposed public improvements and plans for renewal of the area involved. There are two specific areas of the Comprehensive Plan that apply to this proposal: 1). the Central District Plan and 2). the Historic Preservation Plan. December 14, 2018 Page 2 The subject property is located within Subarea B of the Central District. The Central District Plan encourages the maintenance, rehabilitation, and continued investment in older housing stock. Ongoing support of neighborhood association activities, historic preservation, and partnerships with local schools will help keep these neighborhoods healthy (Central District Plan pg 16-17). The designation of 416 Reno Street as a local historic landmark would contribute to this goal, along with the broader Comprehensive Plan goal of preserving historic resources and reinvesting in older neighborhoods (Central District Plan pg 2). The Historic Preservation element of the Comprehensive Plan contains two specific goals relating to this proposal: Goal 1: Identify historic resources significant to Iowa City's Past. Under this goal the Commission is charged with continuing to research and evaluate properties and to pursue local landmark designation when appropriate. The original determination of eligibility for landmark overlay zoning for the property at 416 Reno Street is a direct result of the Historic Preservation Commission working toward Goal 1. Goal 10: Adopt strategies to preserve historic neighborhoods which reflect their organic development, historical roles and traditions, modern needs, and economic health and stability. In the Goosetown neighborhood the goal was to implement a Conservation District that was completed in 2014 and did not include the local neighborhood in which 416 Reno Street is located. Objective 3 of the Other Planning Districts section, when appropriate, the HPC should encourage owners to complete National Register of Historic Places Nomination and local landmark designation, provides direction for properties such as this, on the border of a planning district and outside local historic district or conservation district designation. The designation of 416 Reno accomplishes this objective by providing protection for important outlying historic resources. The landmark designation sought by the applicant conforms with the goals of the Comprehensive Plan — providing incentives to maintain and improve older housing stock and identifying historic resources that are not currently protected by landmark designation. The preservation of 416 Reno Street would not be in conflict with future redevelopment in the area but would actively promote the preservation of historic resources and neighborhood continuity. Staff Recommendation: Staff recommends approval of REZ18-00021, an application to designate 416 Reno Street as an Iowa City Historic Landmark and rezone from Medium Density Single -Family Residential (RS-8) to RS-8 with a Historic Preservation Overlay (RS-8/OHP). Attachments: 1. Location Map 2. Zoning Map 3. Historic Preservation Commission Memo, 12/13/2018, including the Site Inventory Form Approved by: ::E> a sl+k--� Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ti r ,qq11 4 FAIRCHILD ST t I s �f f''ti1 S y1�F 7z .ki 1 �� r p m I +RJL CITYOF 1MVA CITY I a.: vl • I • r CEDAR ST r�n .t1 I 1 1 #. E DAVENPORT ST 4 ._ ` • < • - i r , An application submitted by the National Trust for Historic Preservation for the rezoning of approximately 24,480 square feet located at 416 Reno Street from Medium Density Single -Family Residential (RS-8) to Medium Density Single -Family Residential (RS-8) with a Historic District Overlay (OHD). fir'.', yk T 0L YE BLOOMINGTON ST �- � -rr. ,.� is +RJL CITY OF inWA CITY RS8 P1 P1 RS8 RS8 R88 RS8 RS8 RS8 _ RS8 RS8 RS8 RS8 RS8 RS8 RS8 RS8 RS8 RS8 i P1 RS8 RS8 RS8 RS8 RS8 RS8 RS8 RS81 RS5 RS5 RS5 P1 RS8 r RS8 f� FAIRCHILD ST `- 1 — RS8 r RS8 RS8 RS8 RS8 RS8 RS8 RSB.�- RS8 RS8 RS8 RS8 RS8 S RS5 - .CEDAR ST P1 r WN 0 RS5 RS5 _.`0 F RS5 RS5 RS5 RS5 RS5 RS5 RS5 F •,RS5 RS8 RS8 w RS8 ¢ RS5 RS8 RS8 RS8 RS8 RS8 U RS8 RS8 RS8 RS8 y,y} -; `- ¢. 2S8 RS8 RS8 ��• - ' RS5 RS5 a RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 ' RS8 S8 EDAVENPORT � S� f RS8 RS8?r RS8 RS8 RS8 RS8 RS5 RS5 RS8 RS8 RS8 RS8 RS8 k - RS8 RS8 RS8 R88 RS8'^ k. F RS8 RS8 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 RS8 RS8 RS8 RS8 RS5 An application submitted by the National Trust for RS8 RS8 RS5 RS5 RS5 RS5 Historic Preservation for the rezoning of approximately RS8 RS5 24,480 square feet located at 416 Reno Street from RS8 RS8 RS5 RS5 RS5 RS5 RS5 RS5 -*ys��-'- '. _ Medium Density Single -Family Residential RS8 -. Medium Density Single -Family Residential (RS-8) with E eLooMiNcroN sr -'( " RS5 RS5 RS5 RS5 a Historic District Overlay (OHD). —_- :; RS5 RS5 kT58 R68 R58 RS8 RS8 RS8 R38 R38-A RS5 RS5 RS5 RS5 RS5 RS5 RS5 Iowa City - Historic Preservation Commission City Hall, 410 E Waslungton Street, Iowa City. IA. 52240 Memorandum Date: December 3, 2018 To: Historic Preservation Commission From: Jessica Bristow, Historic Preservation Planner Re: 416 Reno Street — Albert J. and Alice E. Borts House — Local Landmark Designation The applicant, the National Trust for Historic Preservation, in conjunction with property owner Carl Klaus, has requested that the property at 416 Reno Street be designated as an Iowa City Historic Landmark. Designation of the property as an Iowa City Historic Landmark will require Commission approval of any significant changes to the exterior of the building. Landmark status will also make the property eligible for special exceptions that would allow the Board of Adjustment to waive or modify certain zoning requirements and for State Tax Credit funding of rehabilitation work. In addition, the house is being Nominated for Listing in the National Register for Historic Places. As described in the attached National Register of Historic Places Registration Form, the Albert J. and Alice E. Borts house was built in 1898 in the Queen Anne Style exhibiting free classic detailing along with patterned masonry found in one of the earliest Queen Anne substyles. The Borts family included David Borts, prominent Iowa City mason and Albert's father. Documentation shows that David Borts built the house. In addition, the Borts family influence on Nineteenth Century brick architecture in Iowa City and in this near northeast neighborhood is extensive. The Borts house is Nominated for Listing in the National Register of Historic Places under Criterion C, Design/Construction. The house exhibits a high level of historic architectural integrity. The Commission should determine if the property meets criterion a. and b. and at least one of the criteria c., d., e., or f. for local designation listed below: a. Significant to American and/or Iowa City history, architecture, archaeology and culture; b. Possesses integrity of location, design, setting, materials and workmanship; c. Associated with events that have made a significant contribution to the broad patterns of our history; d. Associated with the lives of persons significant in our past; e. Embodies the distinctive characteristics of a type, period, or method of construction; or represents the work of a master; or possesses high artistic values; or represents a significant and distinguishable entity whose components may lack individual distinction; Iowa City - Historic Preservation Commission City Hall, 410 E Waslungton Street, Iowa City. IA. 52240 f. Has yielded or may likely yield information important in prehistory or history. The house at 416 Reno Street is located on the eastern edge of the Goosetown Neighborhood in Iowa City and is part a neighborhood with high historic integrity. With its high individual integrity and as a somewhat rare example of Iowa City masonry construction in the Queen Anne Style, this house meets criteria A and B for local landmark designation. The house is significant and individually eligible for the National Register for its architecture and therefore meets local designation criterion E. In addition, at the local level the house can be considered associated with the lives of the Borts family who were involved extensively in the development of the neighborhood surrounding the house and through David Borts in the construction of other significant buildings in Iowa City. Locally, the house also meets criterion D in this association with the Borts family. Based on the information provided in the National Register of Historic Places Registration Form, staff finds that the property meets criteria a, b, d, and a and therefore qualifies as an Iowa City Historic Landmark. Recommended Motion: Move to approve the designation of 416 Reno Street (Albert J. and Alice E. Borts House) as an Iowa City Historic Landmark based on the following criteria for local designation: criteria a, b, d, and e. NPS Form 10-900 OMB No. 1024-0018 United States Department of the Interior National Park Service National Register of Historic Places Registration Form This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in National Register Bulletin, How to Complete the National Register of Historic Places Registration Form. If any item does not apply to the property being documented, enter "N/A" for ..not applicable." For functions, architectural classification, materials, and areas of significance, enter only categories and subcategories from the instructions. Place additional certification comments, entries, and narrative items on continuation sheets if needed (NIPS Form 10-900a). 1. Name of Property historic name Borts, Albert J. and Alice E., House other names/site number Klaus, Carl H. and Kate F., House Name of Multiple Property Listing N/A (Enter "N/A" if property is not part of a multiple property listing) 2. Location street & number 416 Reno Street ❑ not for publication city or town Iowa City ❑ vicinity state Iowa county 103 zip code 52245 3. State/Federal Agency Certification As the designated authority under the National Historic Preservation Act, as amended, I hereby certify that this X nomination _ request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property X meets _ does not meet the National Register Criteria. I recommend that this property be considered significant at the following level(s) of significance: _ national _ statewide X local Applicable National Register Criteria: _ A _ B X C _ D Signature of certifying official/Title: Deputy State Historic Preservation Officer Date State Historical Society of Iowa State or Federal agency/bureau or Tribal Government In my opinion, the property _ meets _ does not meet the National Register criteria. Signature of commenting official Date Title State or Federal agency/bureau or Tribal Government 4. National Park Service Certification I hereby certify that this property is: entered in the National Register _ determined eligible for the National Register —determined not eligible for the National Register _ removed from the National Register other (explain:) Signature of the Keeper Date of Action Sections 1 — 4 page 1 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J., and Alice E., House Johnson County, Iowa Name of Property County and State 5. Classification Ownership of Property (Check as many boxes as apply.) x private public - Local public - State public - Federal Category of Property (Check only one box.) x building(s) district site structure object Number of Resources within Property (Do not include previously listed resources in the count.) Contributing Noncontributing 1 buildings site 1 structure Number of contributing resources previously listed in the National Register: N/A 1 6. Function or Use Historic Functions Current Functions (Enter categories from instructions.) (Enter categories from instructions.) DOMESTIC/single dwelling DOMESTIC/single dwelling DOMESTIC/secondary structure 7. Description Architectural Classification Materials (Enter categories from instructions.) (Enter categories from instructions.) LATE VICTORIAN/Queen Anne foundation: STONE/Limestone walls: BRICK roof: ASPHALT other: object Total Section 7 page 2 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State Narrative Description Summary Paragraph (Briefly describe the current, general characteristics of the property, such as its location, type, style, method of construction, setting, size, and significant features. Indicate whether the property has historic integrity.) 61111110 hL /_\ IiIII•IIIIIII 7\ tAMORL\ W: I The two-story brick Albert J. and Alice E. Borts House (Borts House), built in 1898 in the Queen Anne style (free classic and patterned masonry substyles), is located in northeastern Iowa City, in Johnson County, Iowa, on portions of lots 7 and 8 of Frederick Irish's 1862 extension of William Wood's 1855 addition to the original town. The lot is slightly elevated on a rise above the sidewalk and Reno Street, a rise that gently continues to slope upward from the house to the end of the long narrow parcel on the east. An asphalt driveway cuts deeply through the earthen bank in front and leads to a graveled parking area behind and off the north side of the house. There is no garage, but a modern open-air gazebo sits beyond the gravel, and a slightly sunken concrete and stone patio is adjacent to the house's east rear wall. Two large garden areas are found in the backyard. Out front, along Reno Street, a windrow of century -old Norway spruce shades this west -facing house. Additional deciduous and evergreen bushes fill the corners of the property's front yard, making good photographic views somewhat difficult. To the south along Reno Street are nineteenth-century frame residences; to the immediate north are two Civil War -era brick houses and beyond those a small neighborhood park. Across the street are smaller, nineteenth century wood -frame houses. Borts House was built with two types of red brick, one common, one decorative, and a blue -gray limestone stone foundation. Its wood trim is classical in form and found on all four elevations. The building's historic integrity is very good. Narrative Description (Describe the historic and current physical appearance and condition of the property. Describe contributing and noncontributing resources if applicable.) GENERALLY (shared features) Borts House (Fig. 1) has solid red -brick walls finished with wood trim painted a creamy yellow. Its foundation is of a bluish -gray limestone, cut in rusticated or chipped -face blocks. The blocks are laid in a regular pattern and bonded with decorative beaded pointing. The large blocks seen on the exterior change to smaller, rubblestone blocks to form the interior basement walls. The brick walls have an American or common bond pattern with thin joints of gray mortar except in the small single -story rear addition, which has running brick stretchers and slightly wider, gray mortar joints. Windows are tall and primarily one -over -one, double - hung sashes throughout and probably original. A shorter pair on the north wall are replacements to allow for a kitchen counter inside. Sills are painted wood; headers are either of soldier bricks or formed as a part of a beltcourse. The overall building form is shaped like a T, with the long upright running west/east (front to back), and the cross bar forming slightly protruding bays on the north and south sides. These side bays have open - pediment gable roofs, while the main roof is a steep pyramid pierced by another smaller front gable. All roof Figure 1 Westfront, facing southeast. All eurrentphotos by Jan Olive Full, May 201 S. Section 7 page 3 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State surfaces are clad with dark red asphalt shingles. Atop the main roof, just behind the peak, is a brick crown chimney. WEST FRONT ELEVATION (fagade) The west front features a full width porch with a flat roof, and smooth Tuscan columns sitting on newer yellow limestone piers. The interstitial space between the stone piers is filled with a skirting of traditional (900 joints) wood lattice panels. The porch columns support a wide architrave (the first flat surface above the column capital in classical forms). Most of it is obscured by the rain gutter, but above the architrave is a molded cornice. Above the porch roof, trim on the main roof and side gables is similar. There are pediment returns on the front attic gable where these classical references are most exposed and apparent. Wide and steep wooden porch steps lead directly to the front door. A balustrade of turned balusters and newel posts with ball finials edge the porch and stairs. Next to the front door is a large window with a painted wood sill. The segmental -arch headers over these two openings are of rusticated soldier bricks, but their color is significantly darker than the brick walls. A belt course of these rusticated dark bricks is found at the header level of these openings. This feature is also found and more obvious on the south and north elevations as well. The east rear lacks this detail. Fenestration on the second story echoes the first in position and size. Above the door is a single second -story window about the width of the front door; above the wide porch window is an equally wide second -story window. At the gable, a band of the dark rusticated bricks runs between the cornice returns, perhaps to suggest a classical tympanum (or the triangular space created by a gable's two slopes plus its base). In the peak of the attic gable is a smaller window with a rounded header of the darker bricks. SOUTH SIDE ELEVATION (Figure 2) Rounding the corner from the west front, one encounters a side door in the protruding cross -gable bay, reached by similar steps and balustrade as on the front porch. This door leads into the dining room. The shed roof over the side door is tied into the building wall on one side and supported on the other side by a wooden truss bracket reminiscent of the Stick style (one of several modest details suggesting this style). Fenestration on this south side is vertically balanced but asymmetrically located. Windows have painted sills here too. The first -floor headers are formed as a part of the running beltcourse of rusticated dark bricks. The first floor also features a squared bay with a flat roof that further juts out from the two-story cross - gable bay (behind the evergreen bushes on the right in Figure 2). This small window bay is too shallow to have side windows, but there are paired windows on its wide south side. There also is a large basement window with a segmental -arched header, ample in size because of the slightly raised foundation. The Figure 2 Westfront and south side, facing northeast. May 201E same classical details of pediment returns, architrave, and cornice molding are found on this side as well. Section 7 page 4 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State EAST REAR ELEVATION The wall of this elevation (Figs. 3-5) extends down from the sloped common roofline of the cross gables. The wall lacks the beltcourse seen on other walls and the ground -floor window header is segmental -arched and formed by two courses of common bricks. The roof here sports a large wood -frame gable (added in 1975) with pediment returns and clad in fishscale shingles. The attic study inside is lit by a three-part, Palladian inspired, window. The ground floor features a c. 1910, 6' by 7' brick addition (probably veneered) on the north corner and an open shed -roofed porch supported by a turned upright post on one end and tied into the addition on the other. The addition contains a small bathroom and was likely added when the outdoor privy was abandoned (date and location unknown). On the second floor above the porch is a small wood -frame screened sitting porch with a shed roof also. This sitting porch only extends across part of the rear wall and has dimensions of 6' by 10'. The sitting porch has half -walls made of vertical boards, divided decoratively by applied narrow trim pieces that cross at the center. This stickwork treatment is another modest suggestive of the Shingle style. The ground floor entrance door leading into the kitchen is centered on the porch, there is a single window to the left (south) of the porch, and smaller double windows on the small brick addition. The second floor sitting porch is accessed through the northeast corner bedroom. There is no indication the sitting porch is anything but original, but if it is not, it is a very early addition to the house. In the backyard just east of the patio, the classically -inspired gazebo the noncontributing structure in this nomination was constructed in 1988. The gazebo is 10' by 15' and sits on a concrete pad. Smooth columns support a pyramidal roof. Lattice screens are located between the columns on each side. The columns were salvaged from the wrap -around porch of a nearby house being demolished. They are of dense solid hardwood. Figure 3 View of the south side and the east rear walls. Note the patio and the basement storm door near the south corner of this east elevation, hoth from the 1970s (see Alterations section). May 201E Section 7 page 5 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State Figure 4 Another view of the east rear wall, with the open- air modern gazebo at the right edge in the photograph. May 201E Figure 5 The classically -inspired gazebo was constructed in 19SS. May 201 S NORTH SIDE ELEVATION The gentle slope of the lot from east down to the west (left to right in Fig. 6), and the resulting decreasing exposure of the stone foundation, is easiest seen on this side. The north wall has the other large open -gable projecting bay. Unlike the south side bay however, this one has double windows. A single second -floor window is toward the front corner (or at least slightly west of the elevation's center axis), and the gable peak window is identical to the south and west sides. The prominent dark brick beltcourse seen on the fagade and south side is present here also, as is the Figure 6 The north side looking south. Note the ground level douhle window is a reduced replacement See Figure 7 for a detail view of the beltcourse that stretches between the gable's pediment uneture of the house and the small addition. May 201E returns. Section 7 page 6 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State Figure 7 The northeast corner of the house is seen here, with the small east side brick addition to the left. The dark vertical that separates the addition from the house is a tar -like sealant The foundation appears to he a different stone or masonry type than the body of the house. The bricks have a smoother more finished surface over the earlier red clay bricks of the main house. The latter bricks show press marks. This small addition, c. 1910, houses an interior hathroom and has only a crawlspace underneath. May 2018 LANDSCAPE (backyard) The concrete and stone patio and retaining walls (1971) are shown in Figure 8, with the gazebo and large garden area beyond. Near the farthest property line to the east is another smaller garden area. It is thought a privy, cistern, and unknown number of outbuildings were once in the yard. The cistern was where the patio is now (filled in), and a small outbuilding formerly occupied the gazebo site. No archaeology has been undertaken or is currently contemplated at this private residence. Figure S View of the backyard patio, gazebo, and fenced garden area (hetween gazeho and the flowering redhud tree), looking north, northeast. May 201 S Section 7 page 7 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State INTERIOR FEATURES At the ground floor level, one passes through the front entrance into the living room, with the staircase to the second floor on the left. (The basement stairs are accessed through a door under this staircase and lead to three basement rooms, one of which is the laundry room.) An open double doorway at the southeast corner of the living room leads into the dining room with its southside projecting bay. A smaller pass doorway next to the staircase leads from the living room directly into the kitchen with its small bathroom off the northeast corner of the house. Upstairs on the second floor, the gateleg staircase empties onto a small irregular central hallway with the three bedrooms, a larger bathroom, and the stairway door to the attic radiating off from it. The east sitting porch is reached by going through the northeast corner bedroom. Refer to the floor plans on pages 35- 36. Woodwork throughout appears to be yellow pine and fir, except the newer oak floor in the attic study. Floorboards are narrow on the first floor and wider on the second. Trim includes cornice molding across the tops of windows and doorways, molded door casings that terminate in tall base blocks, wide molded baseboards, and corner guards on the walls to protect the plaster. Door knobs, face plates, and hinges are quite ornate with raised decorative patterns that include acanthus leaves, a feather -like motif, and beaded borders. The gateleg staircase is paneled on the first floor and has thin balusters and robust but simple newels. All of this original woodwork and hardware were likely ordered from a millwork catalogue such as the M.A. Disbrow Co., which had warehouses or shops in both nearby Cedar Rapids, Iowa and Lyons, Iowa on the Mississippi. Multiple coats of paint on all the moldings and trim were removed in the 1970s. A bulky, square masonry mass separates the front parlor or living room from the dining room on the ground floor and originally may have been an open fireplace. This stacked masonry feature is in more or less the center of the house and found on all floors, from basement to the narrower chimney stack exposed in the attic that extends through the roof to form the crown chimney. Evidence of round stovepipe openings can be seen on this mass suggesting the house was heated originally by coal stoves. At some point, a boiler and radiators replaced this heating system. Shortly after they moved to this house in 1970, the owners removed a non-loadbearing wall that separated the front parlor/living room from the staircase to the second floor, eliminating the narrow hallway it created in the process. They also renovated the kitchen and bathrooms, and added the rear attic dormer on the east roof slope. Other than these specified changes, the interior and its floor plan are largely original (refer to sketch floor plans on pages 35-36). The Borts house is in an old and historic neighborhood near the eastern edge of "Goosetown" an enclave of Bohemian immigrants and Bohemian -Americans with settlements that extend from northern Iowa City north through small towns like Solon and Ely, to the southern area of Cedar Rapids, some 25 miles to the north. In 1994, a group of local Iowa City citizens worked with the state's Department of Natural Resources to document the heritage trees in Goosetown. The following is the description, written for a walking tour pamphlet, issued as a part of the project: Section 7 page 8 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Botts, Albert J. and Alice E., House Johnson, Iowa Name of Property County and State In about 1835. Bohemians, anc=tora of tcxday's Czechs and Slovaks, as well in some Germans, beganseltling what was to become Goosetown, a semi -autonomous, spread -out ethnic village within the city limits, just east across Dodge from St. Wenceslaus Church, Farmers, artisans, and shopkeepers, early Cwosetownexs cleare� the land of native trees for planting orchards, windbreaks, grape arbors, vegetable gardens, and flower beds to surrpound their cfustered cottage homes. Daity, their children drove the geese out from their Wckyard poultry coups to graze in what is now North Market Square Park, then a patch of prarrin. Seasonally. Goosetowners headed east to the I rish Estate farms to buy orchard Fruits, eggs, butter, and milk, and to forage the woods for mushrooms, hickory nuts, hazelnuts, walnuts, black cherries, wild plums, gooseberries, raspberries, kindling, wildflowers, and curative roots. Figure 9 From 'A Tree Walk in Goosetown" (1994), available online from the Iowa City Public Library. Heritage trees along Reno Street, including those found in the front yard of the Borts House at 416 Reno (Item 12), are described as follows. The Norway spruce windbreak row is extant and impressive in its height and girth. The spindle trees were not observed in May 2018. 12 416 Reno Street: Two European api Odle trees i& (mynrus oan4weusj, c. 1960- This slow -growing hardwood was brought over from Europe by early settlers to use in making needed implements like spindles. These two were found growing wild in a ditch in SOU thenstJohnson county. Windbreak of Norway spruce {Picea abiesl c- 1895 411) Reno Street: Remainder of century -old windbreak _, ST `4�3 Despite the Goosetown location, the families that figure prominently in the Borts House's background were transplants from Ohio and farther east. They were not members of the ethnic enclave, but Yankees who arrived shortly before the Bohemians when this area was more rural. Two Reno Street houses just north of the Borts House are Civil War -era brick gable -end dwellings that are vernacular but influenced by the Greek Revival style. The current city -owned neighborhood park once was the site of athird similar wood -frame Civil War -era house. The extant brick residences are set well back from Reno Street, with large front yards and they also once had agricultural outbuildings behind (see Section 8 Figs. 26-27). Section 7 page 9 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State Borts House, then, sits within a historic neighborhood and a documented heritage botanical landscape. These three brick homes in a row are prominent outliers, though, in an old residential part of Iowa City largely dominated by snug, wood -frame Bohemian Goosetown cottages from the mid- to late -nineteenth century. The historic integrity of eastern Goosetown, and Reno Street in particular, is striking. ALTERATIONS TO BORTS HOUSE There is some replacement of the original thin gray mortar with newer white mortar. This is most evident on the east rear and north side elevations. The surface area affected by these mortar repairs is roughly estimated to be about 15% of the total surface area of all sides. The small ground -floor brick addition at the north corner of the east rear wall is a very early addition, perhaps within a decade or two of the original construction. The north side wall has had a large window opening bricked up to shorten it and the windows replaced by smaller paired double-hungs. This was done in the 1970s. Unfortunately, the brick used to fill in under the new windows is a poor match for the original and made more prominent by the white mortar used. Thankfully, this alteration is not visible to the public except those who come up the driveway. The limestone piers supporting the front porch appear to be replacements for the originals and the storm door on the rear elevation is newer. Perhaps the most significant alteration to the exterior is the addition of a new frame dormer on the east rear roof slope of the house, constructed as a part of the conversion of the attic space into a study. This is well done and not visible from the street. Interior alterations include the renovation of the kitchen and bathrooms, removal of the non -load bearing wall, and conversion of the attic into a finished study or office, a project that also added the rear wooden dormer. All these changes were completed in the 1970s. ARCHAEOLOGY It is thought a privy, cistern, and unknown number of outbuildings were once in the yard. No archaeology has been undertaken or is currently contemplated at this private residence. At the far east end of the present lot line, probably on another's property was a large and elaborate horse barn according to the long-time owner of the subject house. It was torn down many years ago. INTEGRITY Borts House has very good historic integrity. Comments on specific integrity aspects are as follows: (1) location: the building is in its original location; (2) design: the exterior is largely unchanged except for the northside window replacement and the rear roof wood -frame gable addition. The interior largely maintains its original floor plan with one wall removed and minor changes to the basement and attic staircases; (3) setting: the immediate surrounding residential neighborhood is remarkably intact; (4) materials: the great majority of the exterior materials are original or are near to the original construction date of 1898; Section 7 page 10 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State (5) workmanship: the workmanship employed in the building is best reflected in the skills needed to lay the brick and stone walls, including the decorative brick beltcourses; (6) feeling: the overall plan, vertical massing, molding and details, and aesthetics of the building suggests the Queen Anne style in the free classic and patterned masonry substyles; (7) association: the building's residential function directly relates to its architectural significance. Section 7 page 11 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson, Iowa Name of Property County and State 8. Statement of Significance Applicable National Register Criteria Areas of Significance (Mark "x' in one or more boxes for the criteria qualifying the property for (Enter categories from instructions.) National Register listing.) ❑ A Property is associated with events that have made a significant contribution to the broad patterns of our history. ❑ B Property is associated with the lives of persons significant in our past. X C Property embodies the distinctive characteristics of a type, period, or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components lack individual distinction. D Property has yielded, or is likely to yield, information important in prehistory or history. Criteria Considerations (Mark "x' in all the boxes that apply.) Property is: A Owned by a religious institution or used for religious purposes. B removed from its original location. C a birthplace or grave. D a cemetery. E a reconstructed building, object, or structure. F a commemorative property. G less than 50 years old or achieving significance within the past 50 years. ARCHITECTURE Period of Significance 1898 Significant Dates 1898 Significant Person (Complete only if Criterion B is marked above.) Cultural Affiliation (if applicable) Architect/Builder Borts, David L. Section 8 page 12 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Bolts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State Statement of Significance Statement of Significance Summary Paragraph (Provide a summary paragraph that includes level of significance, applicable criteria, justification for the period of significance, and any applicable criteria considerations). Constructed in 1898, the Albert J. and Alice E. Borts House (Boris House) is locally significant under Criterion C as a Queen Anne residence with decorative details suggesting both the free classic and patterned masonry subtypes of the style. The variety of masonry materials used in the building, from common red brick, to rusticated dark -red brick, to the bluish -gray stone of the foundation, is unusual for a Queen Anne in this eastern Iowa town and reflects the design choices of a master builder. The home was constructed by David Borts, Albert's father and a noted nineteenth century builder in Iowa City. A skilled mason and contractor who completed his buildings largely in red brick and limestone, his many projects included residences, at least one church, and numerous large university buildings on the campus of the State University of Iowa (now University of Iowa).' Unfortunately, the body of this builder's work in Iowa City has diminished over the years as his larger masonry buildings have been demolished. Campus buildings in particular were replaced in the twentieth century by light -gray Beaux Arts buildings as the university's design program changed. The period of significance is the year in which the building was constructed. Narrative Statement of Significance (Provide at least one paragraph for each area of significance.) (Iowa SHPO Additional Instructions: For properties not nominated under Criterion D, include a statement about whether any archaeological remains within or beyond the footprint of the property were assessed as part of this nomination under the subheading Archaeological Assessment.) QUEEN ANNE ARCHITECTURE IN THE UNITED STATES & ITS ANTECEDENTS The Queen Anne style has its origins in England and emerged in the 1860s as younger architects began to reject Gothic architecture, both "muscular Gothic in particular, and the idea that everything should be Gothic in general."2 These younger English architects, Philip Webb and Richard Norman Shaw perhaps best known among them, traveled in a wider circle of designers like William Morris and Pre-Raphaelite artists like Dante Gabriel Rossetti. The young architects looked at their own English vernacular architecture, the cottages of the countryside and the older neighborhoods of London, and began to revive the "tile -hanging, weather -boarding, and half-timbering" elements of "homelier brick architecture of the seventeenth and eighteenth centuries."3 After years of "scouring the Continent with their sketch books [studying Classical and Renaissance buildings], they realized there was a whole forgotten world at their doorsteps waiting to be rediscovered."4 ' There is no thorough inventory of David Borts' work. Edna Alice Borts, identified her grandfather as the builder of her family home. Ms. Borts was Albert and Alice's daughter, born in 1900 and nearly 103 when she died in 2003. In between she had a long professional career as a nurse. Edna Alice Borts to Kate and Carl Klaus, c. 1970, "Obituary of Edna Borts," accessed at https://gayandciha.com/tribute/details/561/Edna-Borts/obituary.html on 6/6/2018. z Mark Girouard, Sweetness and Light: The `Queen Anne' Movement 1860-1900 (Oxford, UK: Clarendon Press, 1977, reprinted Yale University Press, 1984), 12. Reprint used. 3 Ibid. 4Ibid., 12-13. Sections 8 — 11 page 13 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State According to one British architectural historian, "the early and mid - seventeenth century had supplied [these architects] with gables, whether straight or Flemish, brick pilasters, brick pediments, ribbed chimney -stacks, and prominent plaster covers; from the late seventeenth and eighteenth centuries came sash windows, and wrought -iron railings; the architects had mixed them all together, made the roofs and chimney -stacks especially prominent, been asymmetric when they felt like it, paired or elongated their sash windows, and thrown in the occasional sunflower to add an aesthetic flavoring."' Decorative some would say busy brickwork was common, including walls that alternated courses of dark bricks and light stone to achieve horizontal stripes (Fig. 10). Figure 10 Old Scotland Yard, Westminster, London, UK, by Richard Norman Shaw, 1887-90. Credit. Pinterest on 513012018 By the mid- 1870s, the public had adopted Richard Norman Shaw's use of the term "Queen Anne" for the exuberant office buildings, country homes, churches, and London terrace houses designed by this group of architects.' One especially influential terrace house, designed by J.J. Stevenson, exemplifies the eclectic and wildly ornate creations that came to be called Queen Anne in England (Fig. 11). Speculative British builders soon adapted the style to urban townhouses and the style became popular and nearly ubiquitous in some developing neighborhoods and garden suburbs (Fig. 12). Figure 11 Red House, London, by J.J. Stevenson, 1871-73. Credit. Girouard, Plate 30, page 40. 6 Ibid., 38. 6 Shaws terminology supposedly referenced the Renaissance style of architecture popular during the English Queen Anne's reign (1702-1714). However, this is a misnomer since the nineteenth-century style as it emerged is closer to the medieval forms of 300 years earlier, during the Elizabethan and Jacobean eras. University of the West of England, "Domestic Architecture 1700-1960," accessed at fet.uwe.ac.uk on 5/30/2018, also, Pennsylvania Historical & Museum Commission, accessed at www.phmc.state.pa.us on 5/30/2018. Sections 8 — 11 page 14 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State Figure 12 Circa 1890 semi-detached builder townhouses. Note the contrasting masonry, tall window hays, and multi pane sash windows. Credit: University of the West ofEngland on 51301201 S What prompted the Queen Anne's spread to the United States is open for discussion. Architectural historians generally credit H.H. Richardson's 1874 Watts -Sherman house in Newport, Rhode Island as the very first American Queen Anne example, but Great Britain's Queen Anne exhibition buildings constructed for the 1876 Philadelphia Exposition likely caused it to spread beyond the Newport summer "cottages" of Richardson's wealthy clients.? Pattern books and the country's first architectural magazine, The American Architect and Building News, further popularized it and made the style accessible to builders and architectural plan publishers like George F. Barber.$ Social historians argue that the Queen Anne form accommodated a growing middle class and the developing culture of consumption of the last third of the nineteenth century.9 The Queen Anne home, they theorized, represented an "artistic" expression of domestic life acceptable and encouraged as part of the new concept of a "women's sphere."10 The style remained popular in this country throughout the 1880s into the first decade of the twentieth century. It was the "dominant style of domestic building" nationwide until 1900, thereafter dwindling in new construction starts as simpler lines and less decoration became popular." Executed primarily in wood -frame, except in the urban Northeast where Norman Shaw's preference for masonry remained strong, Queen Anne houses may be categorized into four principal subtypes of form and four principal subtypes of decoration." By frequency of form, over half the Queen Anne houses (including Borts House) have a steep hipped roof, with cross gables. This roof form is "among the most distinctive Queen Anne characteristics and occurs in examples ranging from modest cottages to high -style landmarks."13 Lesser numbers of form variants were built with cross -gables I Mary Mix Foley, The American House (New York: Harper & Row, 1980), 176, Virginia McAlester and Lee McAlester, A Field Guide to American Houses (New York: Alfred A. Knopf, 1986), 268, John C. Poppeliers, etal, What Style is it? A Guide to American Architecture (Washington, DC: Preservation Press, 1983), 59. o McAlester and McAlester, 268. o Clifford Edward Clark, Jr., The American Family Home, 1800-1960 (Chapel Hill: The University of North Carolina Press, 1986), 104. 1° Clark, Jr., 104, Gwendolyn Wright, Building the Dream: A Social Historyof Housing in America (Cambridge: The MIT Press, 1981), chapter 6. 11 McAlester and McAlester, 266. 12 According to the typology argued in McAlester and McAlester's Field Guide to American Houses at 263-264. 13 Ibid., 263. Sections 8 — 11 page 15 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State without the hipped central roof and simple front -facing gables (20% each); the remaining 10% were attached townhouses or row houses. Decorative detailing subtypes fall into both quantitative and chronological orders, with the leader in both being the "spindlework" subtype of the 1880s. About 50% of Queen Annes fall into this category. Earlier and rarer are the "half-timbered" and "patterned masonry" subtypes of the 1870s (about 5% each), followed lastly in time by the "free classic" subtype of the 1890s with about 35%.14 The half-timbered and patterned masonry American subtypes, as the earliest and rarest, are "most closely related to th[e] work of Shaw and his colleagues in England. ,15 The Borts House in Iowa City exhibits details of both the free classic and patterned masonry subtypes. The free classic details may simply be a function of its later construction period, however the patterned masonry details —the bands of rusticated dark red brick that contrast with the pale red brick walls and the unusual blue -gray stone foundation — may well reflect the Borts family background as masonry professionals. While Albert Borts spent his long career as a mail carrier, in his young adult years Albert worked for his father, David Borts, the successful building contractor known for his many large brick university and commercial buildings in town. QUEEN ANNE HOUSES IN IOWA CITY If Borts House is characterized as a hipped roof subtype with free classic and patterned masonry details, where does it fit within the local context of the popular Queen Anne style in Iowa City? The town's population grew by a healthy 14% during the 1890s, the decade in which Borts House was constructed. Iowa City saw even more robust growth of 26% between 1900 and 1910. hi other words, Borts House was constructed during a period of significant town growth.16 This growth corresponds directly to the years Queen Anne residences were most popular nationwide. Therefore, a large number of Iowa City's Queen Anne houses were most likely built in town between 1890 and 1910. While no study exists of all Iowa City Queen Anne residences, there are several sources that may give a less speculative, more quantitative answer to the question of how Borts House fits the local context. These data sources are far from perfect but can suggest the overall trend and the strength of the Queen Anne's presence in this town. The earliest resource, Edwin Charles Ellis's M.A. thesis from 1947, titled "Certain Stylistic Trends in Architecture in Iowa City," offers some good, clear black -and -white photographs of local houses (many nonextant) but is organized in a haphazard way and largely simply describes features without much analysis. Also, many of the photos show houses too distant from the camera to be of use or just capture architectural details instead of the entire building. This leaves the Ellis thesis of minimal value for the purpose of analyzing local Queen Anne buildings. Margaret Keyes' book, Nineteenth Century Home Architecture oflowa City,17 contains over 100 images of local houses, a handful of which are Queen Anne, although the author uses an alternative name for the style (Neo-Jacobean). Laurence Lafore's 1975 book on Iowa City architecture, American Classic,18 is not limited to domestic architecture and contains streetscape views as well as single- 14 Ibid., 264, 268. 15 Ibid., 268. 11 Iowa Data Center, U.S. Decennial Census. Retrieved on 5/23/2018 through links at https://en.wikipedia.org/wiki/lowa_City#cite_note- DecennialCensus-18. 11 University of Iowa Press, 1966, reissued and expanded, 1993. Both editions used. Dr. Keyes' original research for this book is at the State Historical Society of Iowa — Iowa City. 11 Iowa State Historical Department/Division of the State Historical Society [of Iowa], 1975. Sections 8 — 11 page 16 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State building "portraits." Keyes and Lafore's publications add several wood -frame and brick examples to a much larger database kept by the Iowa State Historic Preservation Office.19 The state's database contains 4,302 Iowa City buildings, 102 of which are classified as Queen Anne, and date between 1875 and 1908. Of these, 85% fall between 1890 and 1908.20 Addresses of these buildings were checked against the city assessor's online photos and construction dates. There were 76 verified Queen Annes. The rest were incapable of verification because they were either nonextant, incorrectly identified as Queen Annes, or had incomplete addresses. Of the 76, only 5 were brick; the other 71 houses — or 93% — were wood - frame buildings. The Keyes and Lafore studies added 10 more frame houses, and 1 additional brick house to the state's group. Combined, these three sources total 87 Queen Anne residences recorded in town, with only 6 or 7% brick and 93% wood -frame. This nomination's author lives in Iowa City and knows its architecture well. There are actually many more vernacular Queen Anne houses in town, however the conclusion drawn from the available sampling that the vast majority are of wood -frame construction does appear correct. The Borts House, then, is a Queen Anne -styled house with the most common form, but the least common construction material and decoration, both nationwide and locally. THE COMPARABLES: THE OTHER BRICK QUEEN ANNES The earliest of Iowa City's brick Queen Annes is found on the north side of town, at 800 N. Van Buren St. Historically known as the Vogt House (and informally as the Kurt Vonnegut house for its famous renter who taught at the university's writers workshop), the house (Fig. 13) was listed in the National Register in 1978. Built in 1882 or 1889, depending on the source, the brick and stone house is an amalgam of gables, rooflets, and dormers, with an overall hipped roof. A fanciful porch wraps across the fagade and around to the west side. At the turn Figure 13 Vogt House, 1882 or 1889, Jacob Hotz, huilder. Photo from the Iowa City Assessor, c. 2000 of the porch is a circular sitting area topped with a steep, conical roof clad in standing -seam metal. Spindlework and lattice panels further decorate the porch, which is entered through an arch in front of the main door. 19 The information entered into this database arrives in the form of inventory forms submitted for a variety of reasons, by authors with training that ranges from none to highly experienced. The database is extensive, but the site forms are not corrected by the SHPO professionals before being entered into the database. Therefore, one must use the database with caution and understand its limitations. 21 Borts House was misidentified in 2000 as a Foursquare and therefore is not included in the database as a Queen Anne. Sections 8 — 11 page 17 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State Second in construction, at 1893, is the cross -gable brick and stone house at 1029 N. Dodge (Fig. 14), also in the northern part of the city. This house lacks a hipped roof but does include an unusual gambrel roof with a high break point. Its decorative details include both applied trim from the spindlework substyle, and free classic details as seen in the oculus gable window, the round -arched windows with their prominent keystones, and the porticos and smooth columns of the double -sided front porch. This building was evaluated in 2000 as a part of a road improvement project and determined eligible for the National Register under Criterion C.21 Also constructed in 1893, the brick Queen Anne at 530 S. Clinton (Figs. 15-16) just south of downtown, has long been zoned for apartments and is in the Figure 14 Built the same year as a nearby church in 1893. Photo from the Iowa City Assessor, 2018 middle of a residential neighborhood under transition. Redevelopment in the form of high-rise apartments is taking place uncomfortably near this corner building. This house has the familiar hipped roof and cross gables, and ornate brick and stone work Figure 15-16 530 S. Clinton as it was in 1947 (left), and today (right). Changes include removal of the porch, a large new northside dormer not visible here, and attic windows that have been replaced. Photo sources: left, Keyes, 105; right, Googl e on 6161201E The fourth brick Queen Anne (Fig. 17) sits in the Summit Street Historic District in the historic east -central part of the city. It also has two construction dates, 1890 according to the local assessor, and 1900 according to the state's architectural database. The building's cleaner lines and lack of decoration suggest this house was built 21 Rebecca Conard, "Iowa City North Dodge Street: Intensive Level Historical and Architectural Survey and Evaluation" (Iowa City: Tallgrass Historians LC, 2000), 26. Sections 8 — 11 page 18 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson, Iowa Name of Property County and State following and not before the 1893 Chicago World's Fair, an important event that helped popularize the Colonial Revival style for domestic architecture and accelerate the decline of the fussier Queen Anne in the Midwest and beyond. The building has a hipped roof and cross gables with another front -facing gable projecting from the fagade. The two-story window bay telescoping from the northside gable is a holdover from earlier Queen Anne years, while the pent roofs of the gable peaks and the squared columns and simple balusters of the front porch reflect the growing desire for a simplified aesthetic. Figure 17 710 S. Summit was listed in the Summit Street Historic District (ARHP, 1973) as contributiingfor its architecture. Photo: Iowa City Assessor. 2018 The fifth brick Queen Anne, at 1003 E. Washington (Fig. 18), a couple blocks north of the Summit Street Historic District, has a similar profile and footprint as the Summit Street house, a hipped roof with front and west gables, and it too shows the simplified free classic details seen in the squared porch columns. Its gable peaks are frame also, but they lack pent roofs. Additionally, it has only a west side projecting bay with the eastside distinguished only by a large hipped roof dormer. The assessor's date of 1900 appears more accurate than the state's database date of 1895, though either could be correct. The house is a rental conversion and has some exterior alterations. The attic windows are newer and the gables appear to be clad in a replacement siding. It has been evaluated as not eligible for the National Register. Figure 18 1003 E. Washington is within a neighborhood that provides many rental apartments for university students. Source: Google on 6141201E The final brick Queen Anne (Figs. 19-20) is located at 114 N. Gilbert in the near northside of the city in a neighborhood that boasts some of the city's oldest buildings, as well as newer apartment buildings and commercial buildings from the early- to mid-20ffi century. Built in 1900 (not the assessor's obviously incorrect Sections 8 — 11 page 19 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State date of 1850), this Queen Anne has been evaluated and is listed in the state's database as eligible for the National Register under Criterion C for its architectural significance. Figures 19-20 114 N Gilbert. Clearly a free classic varumon of the QueenArme style, this house is now a student rental and has some minor alterations, especially to side windows. References to classical architecture include dentiils and pediment returns in the gables, the round -arched gable window, and the frontporch's smooth columns. May 2018 Borts House's footprint, roof form, fenestration arrangement, and decorative detailing most closely resembles the fifth Queen Anne above in Figures 19-20. However, the details of the decorations are different. While 114 N. Gilbert's classical elements are stronger, Borts House has the additional decorative masonry, including the rusticated dark red horizontal bands and its unusual foundation limestone. The Borts House limestone is bluish -gray and may have been selected for its color rather than its weathering capability (which is poor). The common foundation stone seen in Iowa City's nineteenth century homes is a pale -yellow limestone taken from different strata (layer) of local quarries. Ryan J. Clark, a geologist from the Iowa Geological Survey (housed on the university's campus) recently inspected the Borts House foundation stone. Based on his familiarity with local quarries and Samuel Calvin's 1897 Geology ofJohnson County, Clark believes the stone came from "the old [Euclid] Sanders Quarry, located along Dubuque Street immediately south of the Mayflower dorm" along the east bank of the Iowa River (Fig. 21-22).22 This is in the northwest corner of Iowa City and a few blocks west of the Borts building site in 1898.23 At the time of Calvin's report, published just a year prior to construction of Borts House, the lower 16' of this quarry would have been "fresh" rock in Clark's opinion, showing abundant fossils and not altered or concealed by the weathering process, a description that matches the Borts House stone. Sanders' quarry was the nearest location for this bluish -gray colored stone. Further, though perhaps not quite a "smoking gun," Calvin's report also states, "This quarry has been worked for some years by Mr. Gilbert Irish. ,24 Gilbert Irish was the son of 22 Ryan J. Clark, email to author, 6/6/2018 and site visit 6/5/2018. 21 The source of the two types of bricks for Borts House is less clear, but because of its northside proximity to the building site, the common bricks likely came from Christian Gaulocher & Son's brickyard at the corner of Dodge and Brown streets, a site now dedicated as the city's Happy Hollow park. The brickmaker commenced operations at that location in 1865 (Charles Ray Aurner, Leading Events in Johnson County Iowa History, vol. 2 [Cedar Rapids: Western Historical Press, 1913], 133-135). The rusticated dark -red bricks look intriguingly similar to the bricks used in the local Chicago, Rock Island & Pacific railroad depot, which opened in 1898, same year Borts House was built (perhaps leftovers purchased by builder Borts from the railroad company?). 24 Calvin, 66. Sections 8 — 11 page 20 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State Frederick Irish and in whose family home and acreage David Borts lived at the time (see pages 24-25). Therefore, the Borts House foundation stone may have been a choice based more on convenience and familiarity with "Gil" Irish, rather than the color. Either alternative seems plausible. hi any event, the colorful stone is distinctive. There would have been several routes to haul the stone to Reno Street, but all of them required the horse team to climb the hill up and out of the Iowa River valley. �,i �IWA�a101 �MfYWT••• mr •FI�Mirgp�. 'lw�f�lY1V ���l1dY�}1r � . • rr Mww/w Nwlld �yM. Figure 21 This image of the Euclid Sanders quarry on Dubuque Street is taken from Calvin, 65. Figure 22 Dubuque Street and the quarry as it appears today. Dubuque Street is undergoing reconstruction in this photo, a project necessitated by severe flooding in 2008. Source: Google on 6171201E BORTS FAMILY HISTORY Because the overwhelming majority of vernacular Queen Anne residences in Iowa City are constructed of wood frame materials, Borts House (Figs. 23-24), as well as the other four houses with intact historic integrity, Sections 8 — 11 page 21 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State represent an unusual local choice of materials in which to execute this very popular and widespread late - nineteenth and early -twentieth century architectural style. The family's background in masonry may have had something to do with it. Figure 23-24 Borts House and detail ofupper fagade. May 2018 When Albert and Alice Borts built their brick house in northeast Iowa City in 1898 still the semi -rural fringe of town they seemingly were simply continuing along family tradition that favored masonry construction. Starting as a youth of 16 and for the next 12 years, Albert worked as a brick layer for his father, David Borts. Albert's younger brother, Charles, also became a brick layer and stayed with the craft throughout his adult life.25 At age 28, however, Albert married Alice Evelyn Smith from Cincinnati, Ohio, and embarked on a decades -long career as a mail carrier for the federal government, a job that lasted until his retirement in 1930.26 The brothers' parents, Mary Kimba1127 Borts and David Borts lived in this northeast area of town, moving in 1888 into a big house with a large acreage just east of the end of Davenport Street, known as the Irish - Hamilton -Kimball house. This property remained in the Borts family for the next 56 years though there is some indication the couple also lived for a few years in the painted brick house at 502 Reno and the red brick at 432 Reno. 28 zs Federal census, 1930. At various times, Charles rented both Civil War -era houses next door to his brother and sister-in-law s. See Figures 26-27 below. Iowa Site Inventory form for 502 Reno (SHPO record 52-02523), reciting what looks like city directory entries. 21 Iowa City Press -Citizen, 2/10/1937. 27 Mary's maiden name is taken from Charles Ray Aurner, Leading Events in Johnson county History, vol. 2 (Cedar Rapids, Iowa: Western Historical Press, 1913), 101. This was written after Mary's death in 1898 but while David was still alive (he died in 1922). She is also listed as Mary Kimball Borts in "U.S. Find a Grave Index, 1600s-Current" (Ancestry.com). Unfortunately, both Borts and Kimball have been misspelling in various ways in the historical record. These are the most common spellings, however, the variations make drawing some conclusions tenuous. 28 Irving Weber, Irving Weber's Iowa City, "Chronology," vol. 7 (1992): 218, Iowa Site Inventory form for 502 Reno (SHPO records), Iowa City Press -Citizen, 4/25/1922. Sections 8 — 11 page 22 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State David Borts, a Pennsylvania transplant, arrived in Iowa City in 1855 making him one of the early settlers in the growing community, though not nearly as early as his wife. Mary Kimball, also from Pennsylvania, grew up in town having arrived in 1839 at age four.29 A skilled mason, David Borts became a highly successful contractor responsible for many of the larger red brick university buildings. One of his earliest known projects was the 1864 red -brick Italianate residence on a farm just south of Iowa City (the house was enlarged in the 1880s by Jacob Hotz as its owner became more prosperous). Known as the McCollister farmstead, the house was listed in the National Register in 1976, along with its barn, which was torn down within the last decade. An example of Borts' work still standing on campus is Calvin Hall, also known as the Old Science building (Fig, 25). Constructed in 1885 of red brick and limestone near the center of campus, in 1905 Calvin Hall was moved 105 feet across the street with "1000 screw jacks and an army of horses" all the while still holding classes in it.30 Another known campus building by David Borts, a man hyperbolically claimed to have "built more buildings in Iowa City than any other man,"31 is the university's Hall of Chemistry and Pharmacy constructed in 1895. This brick building was as large if not larger than Calvin Hall. It stood nearby on a corner lot closer to the shops of downtown Iowa City until 1977 when it was demolished.32 The nonextant English Lutheran Church (1894) at the corner of Market and Dubuque streets was another brick and stone building by Borts, who was a member of the church. This Figure 25 Calvin Hall, 1885, David Borts builder. Credit. University of Iowa, e. 2000 building was significantly damaged by a fire in 1962 and subsequently replaced by the congregation, which also changed the name to Gloria Dei Lutheran Church.33 While no concrete evidence linking them has surfaced, the two mid -nineteenth century brick houses just north of Albert and Alice's also may have been constructed by David Borts. The likelihood exists if for no other reason than the presumed slim number of trained masons in the young town. There are also property records that indicate Mary Borts, David's wife, owned land in this immediate area, however the land transfer records have not been searched to see if she owned these precise lots. These nearly identical buildings are two stories tall, have gable ends, and Greek Revival styling (Figs. 26-27; see also Fig. 28 for a similar earlier house nearby, Frederick Irish's second home). 11 [Compilation of] Proceedings of the Johnson County Old Settlers Association, 1866-1916, 'Proceedings of the Johnson County Old Setters Association From 1866 to 1899," 58. so University of Iowa, "Calvin Hall/Campus Maps and Tours," accessed at https://maps.uiowra.edu/calh on 6/4/2018. s� Aurner (1913), 100. 12 Iowa City Press -Citizen, 3/21/1987. 11 Aurner (1913), 101, Iowa City Press -Citizen, 5/23/1980. Sections 8 — 11 page 23 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State QW =`e l5k �14s.tn�ia6� On 1�e r•�+ti 5`Y~�ewq The connections of the Borts family with various properties in this northeast section of town contain some nagging coincidences primarily related to misspelled surnames (see footnote 27); however, it is clear that Mary Kimball Borts and David Borts acquired a large parcel of land with a substantial house off the east end of Davenport Street in 1888.34 The house had been built in 1860 by William Hamilton who wrapped it around a 34 Weber (1992), 218. Sections 8 — 11 page 24 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson. Iowa Name of Property County and State settlement cabin constructed by Frederick Irish 1839. Five years later, Hamilton sold the house and land to Dr. George E. Kimball" who developed it into the "Rose Hill Nursery."36 The Irish/Hamilton/Kimball land was held in Mary Borts' name, and she had already acquired, in 1886, the lots along Reno Street on which Albert and Alice Borts' brick house would be built later, making her one of the important landowners in this corner of the town.37 While the tangle of Borts and Irish and Kimball family names on property records is confusing and not to be fully unraveled here, it is clear these families had much to do with the development of the northeast sector of town, as well as Iowa City generally. David Borts' inventory of brick and stone buildings such as 416 Reno Street remains a testament to this builder's legacy in Iowa City. 9. Major Bibliographical References ss Iowa City Press -Citizen, 5/5/1930. ss Keyes, 26-27. Nurseryman Kimball had a daughter also named Mary, born in Iowa City in 1859. This is a full generation after Mary Kimball Borts' birth, and two years after Mary Kimball married David Borts. While it seems unlikely, historic records lead to the conclusion (and confusion) that there were two Mary Kimballs in Iowa City living in almost the same location at the same time. 31 Abstract of Title for 416 Reno Street, entries 21 at seq. Sections 8 — 11 page 25 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson, Iowa Name of Property County and State Bibliography (Cite the books, articles, and other sources used in preparing this form.) Aurner, Charles Ray. Leading Events in Johnson County Iowa History. Vol. 1. Cedar Rapids, Iowa: Western Historical Press, 1912. . Leading Events in Johnson County Iowa History. Biographical Vol. 2. Cedar Rapids, Iowa: Western Historical Press, 1913. Borts, Edna Alice, interview with Carl and Kate Klaus, c. 1970. [Edna was Albert and Alice's daughter and David Borts' granddaughter. Never married, she died at 102 in 2003.] Calvin, Samuel. Iowa Geological Survey Annual Report. Vol. VI I. 1897. Clark, Jr., Clifford Edward. The American Family Home, 1800-1960. Chapel Hill: The University of North Carolina Press, 1986. Clark, Ryan J., P.G., Geologist. Iowa Geological Survey, Iowa City, IA. [Examined foundation stone and matched it to known historic local quarries, May 2018.] Conard, Rebecca. "Iowa City North Dodge Street: Intensive Level Historical and Architectural Survey and Evaluation." Iowa City: Tallgrass Historians LC, 2000. The Davenport Daily Times, 4/26/1922. DeWitt, Jack. "Vogt House." National Register of Historic Places registration form, 1978. Ellis, Edwin Charles "Certain Stylistic Trends in Architecture in Iowa City." M.A. thesis, University of Iowa, 1947. Foley, Mary Mix. The American House. New York: Harper & Row, 1980. Girouard, Mark. Sweetness and Light. The 'Queen Anne' Movement 1860-1900. Oxford, UK: Clarendon Press, 1977; reprinted Yale University Press, 1984. Reprint used. Gowans, Alan. The Comfortable House, North American Suburban Architecture, 1890-1930. Cambridge: The MIT Press, 1986. Iowa City directories, various years. Iowa City, IA Assessor office. Iowa City Press- Citizen, 4/25/1922; 5/5/1930; 2/10/1937; 5/23/1980. Iowa Data Center, U.S. Decennial Census. Retrieved on 5/23/2018 through links at https://e n.vvi kiped ia.o rg/wi ki/ Iowa_City,_I owa#cite_note-Dece n n is lCe ns us-18 Johnson County, IA Recorder office. Keyes, Margaret N. Nineteenth Century Home Architecture. Iowa City: University of Iowa Press, 1966. Reprinted 1993. Both editions used. Klaus, Carl H. Collection. (Includes the property abstract and a survey form from a 1980s northside Iowa City survey). Lafore, Laurence. American Classic. Iowa City: Iowa State Historical Department/Division of the State Historical Society [of Iowa], 1975. McAlester, Virginia, and Lee McAlester. A Field Guide to American Houses. New York: Alfred A. Knopf, 1986. Maps: Bird's Eye View of Iowa City, Johnson Co. Iowa, 1868. Huebinger Survey and Map Publishing Co., Atlas of Johnson County, Iowa, 1900. Sanborn Map Co., fire insurance map of Iowa City, 1933 updated to 1970. Thompson & Everts, Combination Atlas Map of Johnson County, Iowa, 1870. Plats of Additions to Iowa City, Johnson County Recorder's Office: William H. Woods and (wife) Roma Woods, 'Woods Addition to Iowa City," 1855; [Frederick M.] "Irish's Extension of Woods Addition to Iowa City," 1862. [Filed by Gill. Irish on behalf of his father who was then blind.] Poppeliers, John C., etaL What Style is it? A Guide to American Architecture. Washington, DC: Preservation Press,1983. Proceedings of the Johnson County Old Settlers Association (Compilation), 1866-1916. Collection of the State Historical Society of Iowa -Iowa City. Sections 8 — 11 page 26 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson, Iowa Name of Property County and State Svendsen, Marlys A. "Goosetown Neighborhood Phase III Survey." Site Inventory Form #52-02520, 2000. U.S. federal census, 1850-1920; cemetery records, marriage records, for Borts family members. Accessed at Ancestry.com, various dates in May 2018. Weber, Irving. Articles first appearing in the Iowa City Press -Citizen and then reprinted in Irving Weber's Iowa City, volume and pages as noted: "Clues," Vol. 1 (1976): 106. "Chronology 2, Biographies (Shorter), 25 Pioneers," Vol. 2 (1979): 265. "Chronology," Vol. 7 (1992): 218. Wright, Gwendolyn. Building the Dream: A Social History of Housing in America. Cambridge: The MIT Press, 1981. Previous documentation on file (NPS): preliminary determination of individual listing (36 CFR 67) has been requested previously listed in the National Register previously determined eligible by the National Register designated a National Historic Landmark recorded by Historic American Buildings Survey recorded by Historic American Engineering Record recorded by Historic American Landscape Survey Primary location of additional data: X State Historic Preservation Office Other State Agency Federal Agency X Local Government University Other Name of repository: Historic Resources Survey Number (if assigned): 52-02520 Sections 8 — 11 page 27 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson, Iowa Name of Property County and State 10. Geographical Data Acreage of Propertyless than 1 acre (Do not include previously listed resource acreage; enter "Less than one' if the acreage is .99 or less) Latitude/Longitude Coordinates Datum if other than WGS84: (enter coordinates to 6 decimal places) 1 41.666294-91.518090 3 Latitude Longitude Latitude Longitude 2 4 Latitude Longitude Latitude Longitude Verbal Boundary Description (Describe the boundaries of the property.) The north 30 feet of lot 7 and the south 60 feet of lot 8 in Irish's Extension to Woods' Addition to Iowa City. Boundary Justification (Explain why the boundaries were selected.) This is the parcel historically associated with the Albert J. and Alice E. Borts house at 416 Reno Street, Iowa City, Iowa. 11. Form P name/title Jan Olive Full, PhD date June 2018 organization Tallgrass-Full LLC telephone 319.331.3454 street & number n/a email jofofic@gmail.com city or town Iowa City state IA zip code 52240 Additional Documentation Submit the following items with the completed form: • GIS Location Map (Google Earth or BING) • Local Location Map • Site Plan • Floor Plans (As Applicable) Sections 8 — 11 page 28 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson, Iowa Name of Property County and State • Photo Location Map (Include for historic districts and properties having large acreage or numerous resources. Key all photographs to this map and insert immediately after the photo log and before the list of figures). First Floor bath open parch Plan room h I �rfe rl dining rdorp r+� n wan 9d north living room open porch sc reerind puiCn u bedroom e4 ro bath room Second Floor Plan bedroom bedroom nosh Sections 8 — 11 page 29 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Albert J. and Alice E., House Johnson, Iowa Photographs: Submit clear and descriptive photographs. The size of each image must be 3000x2000 pixels, at 300 ppi (pixels per inch) or larger. Key all photographs to the sketch map. Each photograph must be numbered and that number must correspond to the photograph number on the photo log. For simplicity, the name of the photographer, photo date, etc. may be listed once on the photograph log and doesn't need to be labeled on every photograph. Photo Log Name of Property: City or Vicinity: County: Photographer: Date Photographed: Borts, Albert J. and Alice E., House Iowa Citv Johnson Jan Olive Full Mav 2018 State: IA Description of Photograph(s) and number, include description of view indicating direction of camera: Photo 1 of 11: West fagade and north side, looking southeast Photo 2 of 11: West fagade and south side, looking northeast Photo 3 of 11: South side and east rear, looking northwest Photo 4 of 11: East rear with south corner of gazebo showing, looking west Photo 5 of 11: East rear and north side, looking southwest Photo 6 of 11: North side, looking south Photo 7 of 11: Backyard landscape view, with gazebo, looking northeast Photo 8 of 10: Interior staircase to second floor, from living room, looking north Photo 9 of 11: Interior double doorway, looking east from living room into dining room Photo 10 of 11: Interior second floor northeast bedroom door, looking from bedroom toward central hall to the southeast Photo 11 of 11: Landscape along Reno Street, looking southeast. Houses seen, left to right, are 502 Reno, 432 Reno, 416 Reno (Borts House.) The tall, thick windrow is to the right. Sections 8 — 11 page 30 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Albert J. and Alice E., House Johnson, Iowa Paperwork Reduction Act Statement: This information is being collected for applications to the National Register of Historic Places to nominate properties for listing or determine eligibility for listing, to list properties, and to amend existing listings. Response to this request is required to obtain a benefit in accordance with the National Historic Preservation Act, as amended (16 U.S.C.460 at sec.). Estimated Burden Statement: Public reporting burden for this form is estimated to average 100 hours per response including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding this burden estimate or any aspect of this form to the Office of Planning and Performance Management. U.S. Dept. of the Interior, 1849 C. Street, NW, Washington, DC. HISTORIC MAP 6^° o E. CHURCH V� ❑y rn a.r..Rfa -P �! 4 ti.i S17 Li 6 �r { 9 , P, DD (vra o� • .arrn..a M k23 1l31 lily c 5 Nr E. FAIRCHILD ❑A W � 7 5 U 41.666341,-91.518163 WrA L IV IIV JVCUO 416 Reno St. is at the bottom right corner and marked with an open arrow. Source: Sanborn fire insurance map, 1933 updated to 1970. Collection of City of Iowa City. Sections 8 — 11 page 31 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 Borts, Albert J. and Alice E., House MAPS OMB No. 1024-0018 Johnson, Iowa County and State Waterworks Prairie Park _ <4� P A � Hkkary e„rw x HVIIPark 7f a alS Course { a ® The University _ of Iowa Iowa City ,p. 4 Etwn it llnivar5ily � Heights e a v, R.m✓' wm.o:ea.a Qc Wise Computer v x,n,., ... ... Help &Repair Iowa City L Municipal u Airport 4 5 Ass ® h 5 4 north O11 2000, 41.666341, Go gle „-91.518163 Tnm, Tnmhlnn,l � The location of 416 Reno St. is marked with a red star in the center of the map. Source: Google.com on 6/7/2018 u Sections 8 — 11 page 32 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 Borts, Albert J. and Alice E., House Name of Property MAPS continued 5 - 416 RENO 5T CHU NST BUU 0 rui �1J 2 1� 1129 13 5Y8 Li tilt L' El 531 4123 514 RENQ STREET 609 5t2 ��y;�,• NE4GHB0F516 W PARK 1 6 1U18 SiUfi � �fit10fi- -"'8 5 � i� 35 w FAIRCHILU ST z 50Z w K El 7 LD] it,i 1119 1419 451 -58A109 [i On25 - 116 ❑ ° I411 410 � l i o T7r 195s, 1uo ao5 C6 OMB No. 1024-0018 Johnson, Iowa County and State [IF 431 419, f` 9' r, a❑ F n 226 � a 1394 E UAVENPgRTST CEMRST 532] 15�55 J Lam-+ 1� 530.5 � 1415 Z 95l 1925 n r r� r� F� f - 5345 1^4W. 14ll iGl tozi�ry , 1_,W ,11i 4� � �� 134 132, 1225 1�t,]1 1239 1303 1 1519 i�71 5335 1339 41.666341,-91.518163 I N^ no scale 416 Reno is outlined in red. The larger footprint is the house; the smaller is the gazebo. Numbers are street addresses. Source: Johnson County GIS Property Information Viewer. Accessed at https://ais.iohnson- countv.com/piv/?search=l011252005 on 6/8/2018 Sections 8 — 11 page 33 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Albert J. and Alice Pronerty House SITE PLAN showing building outlines (detail of prior map). 41.666341,-91.518163 SITE PLAN with exterior photo locations (8 views) Source: Iowa City Assessor Johnson, Iowa County and Sfefe E DAVE HPORT ST 431 N^ no scale Sections 8 — 11 page 34 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Albert J. and Alice Pronerty House FLOOR PLANS (sketched by author using assessor outline as base) Basement Crawl crawl space rot Plan space �Mod - • door ' !_ 'door exit storage I laundry room north 22' Poured concrete floors; rubble stone walk; rlr Roorlolsts running eastrwest Johnson, Iowa County and Sfefe First Floor bath jo"n;arch Plan room kitchen dining room a i r removed wall 6 r living rooml open porch north Sections 8 — 11 page 35 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Albert J. and Alice E., House FLOOR PLANS continued Second Floor screened plan porch 11b, up bedroom bedroom bedroom I north bath roam Johnson, Iowa Attic Level 15, h 01 Sections 8 — 11 page 36 4t� r j11 r[.10� !' +:.i � li v P. 4A qvi *l. . . . . . . . . ....... 4�4 �r CITY OF IOWA CITY CITY OF IOVVA CITY MEMORANDUM Date: December 14, 2018 To: Planning and Zoning Commission From: Jessica Bristow, Historic Preservation Planner Re: Designation of 1818 Dubuque Street as a Historic Landmark (REZ18-00023) Background: As part of the federally funded Iowa City Gateway -Dubuque Street Elevation project, this property was evaluated for its historic integrity and eligibility for listing in the National Register of Historic Places. The property was determined eligible and the Gateway project was developed to avoid compromising the historic integrity of both the house and the street -level garage. Recently the owner, Joe Coulter, has sought local landmark designation in his efforts to further preserve the property in the future. The enclosed Site Inventory Form provides a discussion of the building's history and architecture. 1818 Dubuque Street is a two-story house constructed of local field stone in the Arts and Crafts style. The picturesque setting and local, natural materials work together as hallmarks of this style. Historic Preservation Commission Review: The Historic Preservation Commission met December 13, 2018 and conducted a public hearing at which they reviewed and evaluated the historic significance of 1818 Dubuque Street. The Commission determined that the property meets the requirements for a landmark and voted to recommend approval of the designation of 1818 Dubuque Street as an Iowa City Historic Landmark. The building is significant because of its architecture and historic integrity. Landmark designation for 1818 Dubuque Street, a property in a Low Density Single Family Residential (RS-5) zone, will require Historic Preservation Commission approval of any significant changes to the exterior of the building. Landmark status will also make the property eligible for special exceptions (Section 14-213-8 of the zoning code) that allow the Board of Adjustment to waive or modify certain zoning requirements to help support the continued use of historic buildings. Landmark designation will also make it possible for financial incentives such as tax credits and the Iowa City Historic Preservation Fund to be available. Planning and Zoning Commission Review: Landmark Designation is a zoning overlay and therefore requires a recommendation from the Planning and Zoning Commission to the City Council. The Commission's role is to review the proposed designation based on its relation to the Comprehensive Plan and proposed public improvements and plans for renewal of the area involved. There are two specific areas of the Comprehensive Plan that appear to apply to this proposal: 1). the North District Plan and 2). the Historic Preservation Plan. The subject property is located within the area of steep wooded ravines in the North District where these environmental resources are prized for the ecological and aesthetic value (North District Plan pg 9). The North District Planning principles encourage retaining the single-family residential character of the neighborhoods (North District Plan pg 11) and the protection of sensitive environmental features (North District Plan pg 12). The designation of 1818 Dubuque Street as a historic landmark would preserve the property from future development which satisfies both principles. In addition, the designation will retain the residential, non-commercial character of the area that creates a pleasant gateway setting described in the Dubuque Street December 14, 2018 Page 2 discussion (pg 17). The Foster Road Extension area encourages the conservation and protection of environmentally sensitive areas and the single-family character of the area (North District Plan pg 30). The Historic Preservation element of the Comprehensive Plan contains two specific goals relating to this proposal. Goal 1: Identify historic resources significant to Iowa City's Past. Under this goal the Historic Preservation Commission is charged with continuing to research and evaluate properties and to pursue local landmark designation when appropriate. The study that determined the eligibility of the property at 1818 Dubuque Street for landmark overlay zoning is a result of the City working toward Goal 1. Goal 10: Adopt strategies to preserve historic neighborhoods which reflect their organic development, historical roles and traditions, modern needs, and economic health and stability. For areas outside the traditional neighborhoods, the Preservation Plan includes the Other Planning Districts section and Objective 3, which states, when appropriate, the HPC should encourage owners to complete National Register of Historic Places Nomination and local landmark designation. This Objective provides direction for properties such as this, in an outlying planning district and outside local historic district or conservation district designation. The designation of 1818 Dubuque Street accomplishes this objective by providing protection for important outlying historic resources. The landmark designation sought by the applicant conforms with the goals of the Comprehensive Plan — providing incentives to maintain and improve older housing stock and identifying historic resources that are not currently protected by landmark designation. Preservation of 1818 Dubuque Street would not be in conflict with future redevelopment in the area but would actively promote the preservation of historic resources and the conservation of environmentally sensitive areas. Staff Recommendation: Staff recommends approval of REZ18-00023, an application to designate 1818 Dubuque Street as an Iowa City Historic Landmark and rezone from Low Density Single -Family Residential (RS-5) to RS-5 with a Historic Preservation Overlay (RS- 5/OH P). Attachments: 1. Location Map 2. Zoning Map 3. Historic Preservation Commission Memo, 12/13/2018, including the Site Inventory Form Approved by: : %:>' sl+k--� Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services RM20 RS5 RS5 RE Lk P1 RS5 RS5 RS5 ___� Z OGR RS5 Gm . '�A t _ RS5 [� RS: 97 RS5 RS5 RS5 O�Zz, RS5 RS5 1 RS5 O �2 _ �u1 An application submitted by Joe Dan Coulter for the rezoning of approximately 1.73 acres located at 1818 North Dubuque Street from Low Density Single -Family Residential (RS-5) to Low Density Single -Family Residential (RS-5) with a Historic District Overlay (OHD). A RS12 RS12 RS12 RS12 "11111b,14- , RS12 OF I*N RS5 RS5 RS5 RS5 RS5 5 RS5 � RS5 RS5 - FR4 -RS5' �pQ RS5 RS5 RS5 �G. RS5 RS5 +RJL CITY OF 1MVA CITY RS12 RS5 RS5 .,' P1 RS5 �y RS5 RS5 RS5 RS5 i RS5 RS5 y RS5 RS5 ♦ ♦ RS5 RS5 RS5 RS5 RS5 RS5 :r. RS5 RS5 RS5` ^'� RS5 P1 RS5 RS5 RS5 RS5 - RS5 RS5t RS5 RS5 ^ -• RS5 WHITINGAVE �'i .�.A - ,. �- '.. ��.� ..- •, . i _ A�xi�.ii:, t,� :1 RS5 RS5 RE RS5 RS5 >, RM20 RS5 .RS5 RS5 RS5 RS5 5 RS5 RS5 RS5 RS5 RS5 RS5 RS5 � RS5 RS5 I% CITY OF IOVVA CI F_Y MEMORANDUM Date: December 3, 2018 To: Historic Preservation Commission From: Jessica Bristow, Historic Preservation Planner Re: 1818 N. Dubuque Street — Dr. H.H. and Sylvilla Jacobsen House Applicant Joe Dan Coulter has requested that the property at 1818 N. Dubuque Street be designated as an Iowa City Historic Landmark. Designation of the property as an Iowa City Historic Landmark will require Commission approval of any significant changes to the exterior of the building. Landmark status will also make the property eligible for special exceptions that would allow the Board of Adjustment to waive or modify certain zoning requirements and for State Tax Credit funding of rehabilitation work. As part of the federally funded Iowa City Gateway -Dubuque Street Elevation Project, the property at 1818 N Dubuque Street was the subject of an Architectural and Historic Intensive Level Survey. The enclosed 2012 Iowa Site Inventory Form and letter from the Iowa Department of Transportation to State Historic Preservation Office Historian, Ralph Christian, discuss the history of the property and provide a statement of eligibility for listing in the National Register of Historic Places. The Arts and Crafts influenced stone cottage built in 1929 was found to be individually eligible for listing in the National Register of Historic places under Criterion C, Design/Construction, and is locally significant. Both the interior and exterior of the house and garage have retained a high level of historic integrity. The Commission should determine if the property meets criterion a. and b. and at least one of the criteria c., d., e., or f. for local designation listed below: a. Significant to American and/or Iowa City history, architecture, archaeology and culture; b. Possesses integrity of location, design, setting, materials and workmanship; c. Associated with events that have made a significant contribution to the broad patterns of our history; d. Associated with the lives of persons significant in our past; e. Embodies the distinctive characteristics of a type, period, or method of construction; or represents the work of a master; or possesses high artistic values; or represents a significant and distinguishable entity whose components may lack individual distinction; f. Has yielded or may likely yield information important in prehistory or history. The house at 1818 N . Dubuque Street is located on a I ow bluff overlooking North Dubuque Street and a portion of the Iowa River to the southwest. The land was purchased from Maude H. Ball (the original developer of Ball's Addition), or from her husband George's Estate. As a remaining representative of the picturesque development of Iowa City's northern expansion along the Dubuque Street and the river, this house meets criterion A for local landmark designation. The exterior walls clad in stone gathered locally, the glazed tile roof, and garage nestled in the hill are all important elements of the original architecture that has been retained. December 12, 2018 Page 2 Even with the raising of Dubuque Street, the house and garage have retained their picturesque setting and hidden location, screened by trees and foliage from the road below. The house has been maintained by both the original and current owner so that it meets criterion B. The house was constructed in a " Craftsman" style of the Arts and Crafts movement in architecture. Hallmarks of this style are local, natural materials, the appearance of hand-crafted construction, and architectural elements of European or English cottages such as stone arches, half-timbering, and stone walls. The house exhibits the original details of the style in which it was created and has had very few changes. For this reason, it also meets criterion E for local landmark designation. Based on the information provided in the Site Inventory Form and from the owner, staff finds that the property meets criteria a, b, and a and therefore qualifies as an Iowa City Historic Landmark. Recommended Motion: Move to approve the designation of 1818 N. Dubuque Street (Dr. H.H. and Sylvilla Jacobsen House) as an Iowa City Historic Landmark based on the following criteria for local designation: criteria a. b and e. Site Inventory Form State Inventory No. 52.05067 ® New ❑ Suppiamental State Historical Society of Iowa ❑ Part of a district with known boundaries (enter inventory no.) (Nevem6er 2005) Relationship: ❑ Conirlbuting ❑ Noncontributing ❑ Contributes to a potential district with yet unknown boundarias EuG1e� National Register Status:(any that apply) ❑ Listed ❑ De -listed ❑ NHL ❑ DOE 9.0i9it SHPO Review & Compliance (R&C) Numbar 2AI T.f4 O 9 ❑ Nan -Extant (enter year) 1. Name of Property historic name Jacobson, Dr. H.H. and Sylvilla. HQuBe other names/sae number 2. Location street & number 1818 N. Dubuque Si _ city or town Iowa City ❑ vicinity, county Johnson L9gel Descriplicim(it Rurai)Township Name Township No. Range No. Section Quarter of Quarter (if Urban) Subdivision Ball's Addition Block(s) Lot(s) 16 thru 22 S. State/Federal Agency CertiNcaWn [Skip this Sectlon) 4. National Park Se vic_v Certification [Skip this Saction) 5. Classification Categary of Property (Ctteek orgy one box) Mum bar of Rasaurces N Pithin Property R building(s) HNcn-Eligi6le Property If Eligible Property, enter number al. 0 district Enter numbgr, of i Contributing Noncontribut1ric ❑ site _ buildings 2 _ buildings ❑ structure _ sites _ _ sites ❑ object _ structures _ _ aim durea objects _ objects Total 2 _ Total Name of related project report or multiple property Study (Enter -wA'tithe property is not pan of a muMpte property examination). Tile rxstak+er wuhder,Yuror Data Bain Numbw Dubuque Si iPsrk Rd. Bridtra: ArchitecturaVHisWrical Intensive Study 52-106 6. Function or Us Historic Functions (Enlar categones From rnatructrona) Current Functions (Enter calegores lrnm ironiatloisI r EXIS 0eau - OCO5IDOMESTICIsecondary slructurelyafego QIAOI 0OMESTIClsingte dwelEin_glrgaidence 0005 WMESTICIsecondary struclumr garage 7. Description Architectural Clara iffcation (Enter oategones From insuuctnx) Mattarial8 (Enter categories from instructions) 07E02 LATE H &EARLY 2 TH CENTURY AMERICAN foundation 10 CONCRETE MOVEMENTSICre$aman walls (visible malarial) 04STONE root 16 CLAY TILE other Narrative Description 0 SEE CONTINUATION SHEETS. WHICH MUST BE COMPLETED S. Statement of Significance Applicable National Reg toter Criteria iMaN SC representing your ppWpn or LlNltr d" after apOYN ralevaM NalK"I "or aitenaj ❑ Yes a No ❑ More Research Recommended A Property is associated with slgn;ncan! events. ❑ Yes M No ❑ More Research Recommended B Property Is sssocated with the lives of significant persons. ® Yes ❑ No ❑ More Research Recommended C Property lean cistincuve architecwrai characteristics. ❑ Yes ❑ No ❑ More Research Recommended D Property yields slgrdncant information in archatgtogy or history. Counly Johnson Address 12104. Dubuque S_I. City Iowa Cit Criteria Considerations ❑ A Owmed by a religious institution or used for reltginus purposes ❑ 8 Removed From its anginal location ❑ C A birthplace or grave- 0 D A cemelery Slte Number 52.950b7 Ustrlct Number ❑ E A raaonsiructed building, object, or structure. ❑ F A commemorative properly, E] 0 Less than 50 years of age or achieved signdicance within the past 50 years. Areas of Significance (Ener taiegones tram instrucliom) 02 ARCHITECTURE Significant Person (Complete if National Register rMenon B Is fnafked above) Significant Dates l:lxpsfh,ff� dare 1m ❑ check if circa or estimated date 011rsr dafM. incluel ng rnnOvarMn Archltectl$uilder AFOW9 vof &uMM meth jnd Bumer Narrative Staternent of S iq niiicsnee In SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED 9. Major Bibliographical References Bibllogfapily IR See wncnuation sneer ip c miwrs or the books, anides, and oiber swages used in Preparing this rpm 10. Geographic Data Zorn f:a-ling 000" Zone Eusfrnp Nwlwig I — 2 3 4 ❑ SM eonhnuallon Sneer lot adddional UTM references or comments 11. Form Prepared By nameftille Jan OIIve Full organization Tallgrass Historians L•C• dale ¢= street & number 2460 S. Riverside Dr. telephone 319-354-8722 city ar town Iowa Cily state [A ZiR code 57246 ADDITIONAL DOCUMENTATION ;submit the rollowing items rAtll the computed form) FOR ALL PROPERTIES 1. Map: showing the property's location In a townlclty or township 2- Slre plan: showing posktion of buildings and structures on the site in relation trl public rood(s)- 3- Photographs: representative black and white photos. It the photos are lakxn as part of a survey for which the Society is to be curator of the negatives or Color slides. a pholmcatatog sheet needs to he included wilh the nagaliveslslides and the following needs to be prevlded below on this particular inventory silo: Roillakdis sheet 0 Fr-amelsfot # Date Taken Rolllslide sheet # Framefalot # Date Taken Rolllslide Street # Framefw # Dale Taken _ ❑ See Continuation sheet or atlarhed photo d soft cailog sheet fur list of photo full of slide entrees. ® Pl o5fillustrabons wilhaut negatives are also in this site inventory Me - FOR CERTAIN IUNDS OF PROPERTIES, INCLUDE THE FOLLOWING AS WELL 1- Famtstead d afstrIcU SLKt of structufes and duildingr, known w esllmated year built, and contnbutling or noncp(tilpWng Slatu5) 2- 9arrt: a, A sketch of the trameftruss configuration In the form of drswmp a typical middle bent of the bam. b. A photograph or the toff showing the frame configuration along one aide. c. A sketch Hoot plan of the interior space arraMSents along WIh the barns exterior dimensluns in feet. State Historic Preservation Office (SHPO) Use Only Below This Linn Concur with above survey opinion on Nalional f7egisler 0gib4fty: Yes Ej ft More Research Reconumnded ❑ This is a focally designated property or part of a locally designated disfrict. Comments. Evaluated by {nam64,11gf, rife: JAR 2 5 2LI12 Iowa Department of Cull ural Affairs State Historical Society of Iowa Silo Number 52-05067 Iowa Site Inventory Form Related District Number Continuation Sheet Jacobson, Ur H.H. and Svlvllia. House Johnson Name of Property County 1818 N. Dubuque St. Iowa City Address City T.-Narrative: This fine house and associated 2-car automobile garage is situated on an extremely challenging, if picturesque, lot. The dwelling is located on the edge of a low NO overlooking N. Dubuque St. and the Iowa River beyond to the southwest. Its separate garage is huift into the steep embankment, mare or less directly under the house. A concrete staircase leads from the garage up to the reside no@ and a hard-surfaoed drive leads up the hill to the south. Ouring the summer months, trees obscure much of the view of the house. This foliage, plus the elevated position, gives privacy to the house's residents despite the heavy flow of Irafflc on Dubuque St. below. The house is 2 to 2'/� stories tall and has a basically rectangular footprint. The long sides face east and wrest, with gable ends to the north and south. The ridge line or long axis of the house, therefore, is mug hly parallel to the street in fro rd. The north end of the house is stepped down to a story -and -half in height. Cross gables of varying sizes project from the fagade (west elevation) — a small centrally positioned omss-gabla bay denotes the entrance, while a larger cross -gable bay to the south end encloses larger room space. There are two smaller gabled roof dormers on either side of the entrance cross -gable. Two large sing le -story wings with gable roofs project from the rear (east elevatiun) of the house. The exterior walls of the house are clad In glacial cobblestones gathered from somewhere north of town. A bright green, glazed clay file roof covers the entire structure and cross gables, and forms a pent roof at the south end wall. Gable peaks have a half-timber detail. Windows are of various sizes. but all have divided lights. Casement windows have their original "Pella Rollscreens" intact. Sills and headers both appear to be composed of or Gad in stone also. Fenestration headers are Rat except for the front door, which has a rounded Opening at the top. The rounded stone header of the front doorway hs repeated below In a niche detail on the face of the garage, to the north side of the garage doors. The garage structure is excavated into the bluff so that only the substantial -looking stone wall facade is visible. This stone wall is pierced by two single -stall openings covered by paneled overhead garage doors. These doors appear to be replacements. The property owner was Interviewed by the present project archaeologists in October 2011 who also observed the interior of the home. Interior architectural details include: black walnut woodwork, hand - wrought stair rail, round -arched doors, and hammered metal chandeliers. The owner also has some original furniture, the plans for the house (no archilect named), and correspondence with the original owners. Dr. H,H. and Sylv[lla Jacobsen. Herman H. Jacobsen was a local denlist. This lot is part of the land owned in the 1920s by Maude H. (or M.) Ball and her husband, George W. Ball. The couple bought 20 acres in 1916 from the Englert family, land that came with tMe1857 residence in which they lived (see 52-05068). They then bought an adjacent 22 acres from Elizabeth Grissell. According to local histonan Irving Weber, BalI's Addition was platted from this 42-acre parcel. George W. Ball, who died at age 42 on January 3, 1924, from complications of an automobile vs. streetcar accident, was an aRomey, a World War I veteran bearing the rank of Colonel (and a later title of Brigadier General), and president of the local water company. He also served on many city commissions and commercial club committees. In 1922 and 1923, Sal was among the most vocal supporters for paving the stretch of N. Dubuque St. in front of his house. This was a stretch of the Red Bail highway route north of the park bridge (Park Road was then called Koontz Avenue). Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-05067 Iowa Site Inventory Form Related District Number Continuation Sheet Jacobsen Dr. N.H. and Sylyilla, House Johnson Name of Property County 1818 N. Dubuque St. Iowa City Address City After her husband's death, Maude continued to develop land in northern Iowa City, and was likely the spouse that filed the plat for Ball's Addition (Iowa City Press -Citizen, 4l2911925)- She frequently petitioned the city council for land development reasons, such as extending the city's water mains north of Kimball Road and vacating a dangerous road in her addition in favor of a "level, _new one" (Iowa City Press -Citizen, 81811925 and 7/16/1925, respectively). Maude Young Ball, a graduate of the university and alumnus of the Pi Beta Pi sorority, apparently easily transitioned from the traditional roles for the wife of a prominent business and civic leader to a successful developer and businessperson in her own right. Sometime prior to 1929, local dentist, Dr- Herman H- Jacobsen and his wife, Sylvilla, purchased the land for their cobblestone Craftsman house from Maude Ball (or George Ball's estate if it was held in his name). The year before the house and garage were built, the Jacobsens lived up the hill to the south at 717 Brown St. (Smith's Directory of Iowa City, 1928). Jacobsen was a graduate of the University of Iowa and had his office in the Paul Helen building downtown (Iowa Dental Bulletin, vol, 9, no. 4, Oct. 1923), The Daily Iowan, on 712711929, ran an article about the construction of the house under the heading "Dr. Jacobsen Home Overlooks River; Will Be of Warwick Manor Type! 8. Statement of Significance The cobblestone house and garage were Constructed within the Arts & Craft architectural movement, and generally in the "Craftsman" style, a substyle popularized In the United States by architects such as California's Greene & Greene firm. In addition to utilizing native materials (here regionally collected field stones and native black walnut lumber), the Jacobsen house displays these local materials in a manner that suggests "hand built" by 'ancient" methods and individual craftsmen. This is seen in the exterior's faux -timbering in the gables and in the Interior with the hammered metal chandeliers and hand -wrought Stair rail. These details are hallmarks of the Arts & Craft Movement. The property's stylistic details, including its many gables, founded front door, and stone walls, also owe much to the the revival styles popular after World War I, styles which suggest old English and French (or Continental) rural vernacular buildings. The house and its important associated garage are locally significant and eligible for the National Register of Historic Places under Criterion C. 9, Ma or Bibliogral2hical References Field inspection/photograph, October 2011. Iowa City Assessor online property records. Interview Notes. Leah Rogers, of Joe Coulter, owner, 10/20/2011; telephone call, Jan Olive Full to Joe Coulter, 4/2112012, Newspapers and journals as cited above and also see accompanying report- Iowa Department of Cultural Affairs State Historical Society of Iowa Iowa Site Inventory Form Continuation Sheet Site Number 52-05067 Related District Number Jacobsen, Dr. H.H. and Svlvilla. House Johnson Name of Property County 1818 N. Dubuque St. Iowa City Address City 10. Additional Documents (City map and Sketch map) Bjaysville Ln. NT I Photo looking northeast by Peter Sidwell for Tallgrass Historians L.C., October 2g11 Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-05067 Iowa Site Inventory form Related District Number Continuation Sheet Name of Property City !7 ISFREP IT 0 (I201 0 CONIC PATIO I 27 12 1230) ISBASTN(MAIN) 120021 IT 40 185TNEP 5 o ift55l Source: All images from the Iowa City Assessor website, 4/2012012. JUL 182012 CIowa Department of Transportation 00 Lincoln Way, Ames, Iowa 50010 515-23 -1035 � OW FAX 515-239-1726 July 3rd, 2012 Ref. No HDP-3715(652)- -71-52 Johnson County Local Ralph Christian Review & Compliance Community Program Bureau State Historical Society of Iowa 600 East Locust St. R&C# /407n 107� Des Moines, IA 50319 Dear Ralph: RE: Iowa City Gateway- Dubuque Street Elevation Project- City of Iowa City Architectural I Historic Intensive Level Survey (Revised) Enclosed for your review and comment is the Architectural / Historic Intensive Level Survey project corridor map for the above -mentioned federally funded project. The project proposes the elevation of North Dubuque Street and the reconstruction of the Park Road Bridge, along with other improvements to mitigate traffic impacts from future Iowa River Flooding. The project corridor / area of impact for this proposed project measures approximately 4600 ft. along N. Dubuque Street and 2300 ft. along E. Park Road. The corridor with for this project is approximate 75 ft. ( Which includes the current road / center -line) A total area of 51 acres was investigated for this project. This architectural / historic intensive survey for this project included an extensive archival search, along with a pedestrian survey of the project corridor. Site visits and property documentation where conducted for each property, along with digital photographic documentation. This architectural / historic survey examined 37 individual properties with the proposed project corridor. Of these properties, two historic districts were evaluated (and found eligible) and five structures / properties were investigated and found eligible. These districts and properties are as follows. The Hutchinson -Kuhl House (Property 52-02513) This house, located at 7 Park Road, represents a stone dwelling, locally significant under Criterion A as one of the oldest standing houses in Iowa City. This structure is also considered locally eligible under Criterion C as historic adaptation to the original structure. This property, however, will not be impacted by this project. The Englert-Ball-Pownall House (Property 52-05068) This house, located 1501 Ridge Road, represents a rare -surviving wood -frame residence from the 1850's reflecting the Greek Revival influence. This house acted once as a stagecoach stop and hostelry along the old road north of Iowa City, The Dr. H.H. & Sylviiia Jacobsen House (Property 52-05067) This house, located at 1818 N. Dubuque Street, represents a cobblestone home and garage constructed within the style of the Arts and Craft Movement, and generally in the "Craftsman" substyle. This house and its associated garage are locally significant and eligible under the National Register of Historic Places under Criterion C. The Lagoon Shelter House (Property 52-05079) This structure, located at West Hack of the Iowa River, in the vicinity of Hancher Auditorium is a WPA building is an excellent example of rustic architecture and unusual for its location on the university's campus. The building is eligible under Criterion A and C. It was also determined previously as a contributing resources to the "University of Iowa River Valley Historic District". This property, however, will not be impacted by the proposed project. The Hancher Pedestrian Bridge (Property 52-05078) This pedestrian bridge, over the Iowa River in the vicinity of Hancher Auditorium was previously determined to have exceptional significance to the U of Iowa's River Valley Historic District. This property, however, will not be impacted by the proposed project. Two potential historic districts were examined by this investigation: `9Frat Row" Potential Historic District: This potential district includes eight buildings in the 700 and 800 blocks of N. Dubuque Street, and one building in the 10M block. All of these buildings, are considered contributing resources to the potential historic district and most are also considered potentially individually eligible. • Sigma Phi Epsilon Fraternity- 702 N. Dubuque St. 5201533 • o Sigma Chi Fraternity - 703 N. Dubuque St. - 5201534 • o Phi Kappa Sigma Fraternity - 716 N. Dubuque St, - 520I537 • o Kappa Sigma House - 720 N. Dubuque St. - 5201538 • o Delta Tau Delta Fraternity - 730740750 N. Dubuque St.-5201539 • o Phi Delta Theta Fraternity - 729 N. Dubuque St. - 5201540 •d • o Beta Theta Pi Fraternity (2 location) - 804 N. Dubuque St. - 5201541 b • o Beta Theta Pi Fraternity (3 location) - 816 N. Dubuque St-5201542 • o Kappa Sigma Fraternity 1032 N. Dubuque St. - 5205074 Knollwood Lane Mideentury Modern Potential Historic District: Two of the five houses in this small midtwentieth century suburban development are within the survey area (I Knollwood Lane - 5205063 and 2 Knollwood Lane - 5205062). Collectively, the five houses contribute to a potential Knollwood Lane Midcentury Modern Historic District, A more detailed survey of the district would be necessary to confirm the details of the three houses outside the study area, but there is excellent potential for a historic district based on the historical and architectural significance of these homes as they reflect midcentury contemporary design and suburban landscaping created by a specific group of mature professionals who associated for that specific purpose. A review of the proposed project area and corridor plans shows that the Brown Street Historic District, "Frat Row" Potential Historic District, the Dr. H.H. & Sylviiia Jacobsen House, and the Englert-Ball-Pownall House will have various impacts to their property grounds. Once finalized design plans are received showing what these impacts are, a letter of concurrence stating a finding of effect will be forwarded to your office for review. If you concur with the findings of this Architectural / Historical Intensive Level Survey, please sign the concurrence line below and return this letter. If you have any questions regarding this project .or this report, please feet free to contact me. MJFD Enclosure cc: Dee Newell- OLE / NEPA Kent Ellis- District 6 Local Systems Engineer Sincerely Matthew J.F. Donovan, RPA Office of Location and Environment Matt. Donovan@dot.iowa.gov Concur 1 l� r24 K' SHPO Historian Date �v r 3, r,LAW _ - fit. • . � � •� Ar � •t 0 Detail of North End of West Elevation South Elevation s gA air •� g � mail O y d Y•Alli Representative interior photographs from the Gazette The library, eitaated behind the hams roams fmhs ib vu'4 fireplace and andeMad French dame•at the home o0ce Coalter is taw+ Rry an Wedomdar. Jume rm6.(lie VaAin/T%!C.orllr) Jwr dh•r 3rad [hr Aair and murk M Il. l><ingr r.. rrtt allrr lr pim4µ-rA tlwm A an aurhup of ilw homr� urigin.l firrni:lvnn- Tlirand Emplave error are also original to the hor" The 6reylu like the Ourior ofthe home ie made ofaoil 9ekktone. Pbowgraphed at Ike home ofdoe clwdwr in tnta Can• on Wedus6n•• Jpne s• a016. (lic 3jamw7he Caatte] I f CITY OF IOWA CITY CITY OF IOVVA CITY MEMORANDUM Date: December 20, 2018 To: Planning & Zoning Commission From: Anne Russett, AICP, Senior Planner Re: CZ18-00003 4548 Sioux Avenue SE Background Information The applicants, Joseph and Nancy Sladek, are requesting a rezoning from County Highway Commercial (CH) to County Agriculture (A) for approximately 1.55 acres of property located in Johnson County at 4548 Sioux Avenue SE in Fringe Area B — Outside of Iowa City's Growth Area. Because the property is within Iowa City's two-mile Fringe Area, the Fringe Area Agreement specifies that the City will make a recommendation to the County Planning and Zoning Commission before the County Commission considers the application. The final decision on the rezoning falls within the County's jurisdiction. If this rezoning is approved, Joseph and Nancy Sladek intend to add an addition to an existing machine shed. Analysis Existing Land Use and Zoning The subject property is currently zoned County Highway Commercial (CH) and has one home and a machine shed on the site. Properties to the north, east, and south are zoned County Agricultural (A) and are being used for row crops. Properties to the west are zoned County Highway Commercial (CH) and are also being used for row crops. Proposed Zoning & Surrounding Area The applicant is requesting a rezoning to County Agriculture (A) which allows for farms, nurseries and greenhouses, orchards and tree farms, with residential uses to be restricted to two single-family dwellings on a farm 40-acres or larger. Compliance with the County's Comprehensive Plan The County recently updated its Comprehensive Plan and the Future Land Use Map of the comprehensive plan. This area is not one of the growth areas identified per the comprehensive plan. Therefore, the County envisions this area to remain in agricultural production. Compliance with the Fringe Area Agreement In reviewing proposed rezonings in the Fringe Area, staff relies on the policies outlined in the Fringe Area Agreement. The Fringe Area Agreement is a component of the City's Comprehensive Plan and applies to areas not specifically planned for in the City's Comprehensive Plan. The Fringe Area Agreement is intended to provide guidance regarding the development of land located within two miles of Iowa City's corporate limits. The agreement's stated purpose is to provide for orderly and efficient development patterns appropriate to non -urbanized areas, protect and preserve the fringe area's natural resources and environmentally sensitive features, direct development to areas December 13, 2018 Page 2 with physical characteristics which can accommodate development, and effectively and economically provide services for future growth and development. This property is located in Fringe Area B — Outside the City's Growth Area. For this area, the agreement states that agricultural uses are preferred. Specifically, the agreement states: "Until otherwise changed by amending this agreement, this area shall be restricted to those uses consistent with a Rural/Agricultural area as indicated in the Johnson County Land Use Plan, and as designated for a Rural/Agriculture area in Chapter 8:1.6 Class A District of the Johnson County Unified Development Ordinance, as amended." Staff Recommendation Based on the policies outlined in the Fringe Area Agreement, which state that agricultural uses are preferred in this area, staff would recommend approval of this rezoning. Attachments: 1. Aerial photo 2. Rezoning exhibit Approved by: Department of Neighborhood and Development Services N 89`25'22"E 2�38.3X(M&R) 1 a1 s.83'(M) 1415,95(R) Nw CORNER"­_', w 1/a coRNER132zs'(M) 1322R OF AE,. 31-'. R5W NE 1/4 T79N R51EPP /a AENTEB OF SECTION PRIOR MONUMENT IS CONE BOOK 48, PACE 41) SEC 31-T]9N CREW FOUND e RECAP WITH RESET 5/5'"9 REBAR WITH YELLOW PLASTIC CAP YELLOW PLASTIC CAP NO. 14675� YELLOW PLASTIC CAP NO. 8165I NO. 146]5 AT LOCATION AS SHOWN ON 12'k DEEP 8"2 EXPOSED PLAT OF SURVEY CEMENT) RECORDED IN PLAT BOOK s& PAGE 23 PLAT BOOK 40, PAGE 294 PLAT BOOK 58, PAGE 31 - — ------------ -- ----- - 2 EXISTING ZONING: C-COMMERCIAL PROPOSED ZONING: A -AGRICULTURAL EXAGNW 1/4 F AC, Ow I/4 © REZONING TRACT _ CHP15NA25JJ AREA = 1.55 ACRES I ____ - 9'2522"E 133.95 II m RBB—I,�c I o A ® II LE U, GARAGE I HOUS 0 1 30 69 90 120 m GRAPHIC SCALE IN FEET ram' I - _______________________ I ------------------------- W 1 EXI6TIIJ6 GGM IIAL ZGNIN6 III � Iva POINT OF BEGINNING II FROG 5W 1/4 FRAL 5W VA NE I/4 DROP sW I/A Ete/. 31P1`JHY4"A" u 11 L3 II lo zl 6r 1/4 GAS, 5W 1/4 �_ Al T75NL4ZXW `£G_ 3I-T-I5N-05W 1 NBB'42'49'E 144CA3' ______ _________ _ - I I z I g TkNLF GF LAND REECEIEED IN AN AFTIPASIr OF wRYIVIPr COUP TENANT FGK GHANAE OF TIRE TO REAL E57FATE kEGOEFED IN FACED, 4'#I PAGFS IIHR AS RFLORGFD IN THE RE6GRO5 GP T}£ JAYN"O"I 6F1TTY REGGRpERs PEROT Line LENA REZONING EXHIBIT JOHNSON COUNTY, IOWA PLAT PREPARED BY: OVVNER14PPLIC4NT: CONTACT PERSON: PAPAS CONSULTANTS INC. JOSEPH E. SLADEK SR. & GRANT SLADEK 1917 S. GILBERT STREET NANCY L. SLADEK 4548 SIOUX AVENUE SE IOAIA CITY, LA 52240 4424 SIOUX AVENUE SE IUVVA CITY, IOPJA 52240 IOWA CITY, IOWA 52240 I � III I � I 132421'(M) 1320SR) 5&61 2730 BS'(M) 42 AN (R) 2772a'(R) _ sw CORNER - - - - - - ssa'w'2a'w s 1/4 CORNER SEC. G-T79ni SEC. 31-T79N-R5W FOUND STANDARD CONCRETE MONUMENT (SGM) FOUND STANDARD CONCRETE MONUMENT (SGM) 3D"2 DEEP SET 5/8"0 DEBAR !MPH YELLOW 6"2 DEEP AS SHOWN ON PRIOR CORNER PLASTIC CAP NO, 17916 OVER THE TOP, 5"2 DEEP CERTIFICATE IN BOOK 40, PAGE 259. TIES WERE BOOK 48, PAGE 42 GONE 50 RETIED OUT THIS SECTION GARNER COMMENCING AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 31, TOWNSHIP 99 NORTH, R {NC E 5 WENT OF THE STH RM., JOHNSON COTNTV, TOWA; THENCE N00.4638 W 4LONG THE CUEST LINE OF THE FR4CTPONAL SOITTH'I EST UVE{)UARIBR t F S41D SECTTON 31, A DTST N(B OF 63900 FFEET TFflI N9R'4244 F 14469} FEET TO A PHT1ST ON THE NFST TTNF. OF THE FAST ONE-HALF OF THP FRACTIDN4P %UNTHWFST ONF-0U4RTER OF SA1n SGL IUIN 31, 1111 ACIL N011S4Y"W, ALONG SAID WIGS I I INIG 4p07I F I IT 101HIF POIN1 O1 BEGINNING IIII :ACI DOMO2SW 52,0011LI IIII:NCI. NUO 4 4 W 31800 DELI 1HLNCL N89 6A U 2 00 1LL1 1HNNCL NO319W 9600 1EL1 11ILNCL NUl 848U 170.0 1LL1 1HNNCL N89' _ L 1330, IDEA 11ILNCL SU046Y8L, 8695 IDEA 111NNCL N89'0828 W 4907 FELT TO THE POINT OF BEGINNING CONT VNIN( 155 \CRES AND TS SIBTECT TO EASEMENTS.ND RESiRTCTIONS OF RECORD_ RE20NING EXHIBIT REZONING EXHIBIT JOHNSON COUNTY, IOWA PLAT PREPARED BY: OVVNER14PPLIC4NT: CONTACT PERSON: PAPAS CONSULTANTS INC. JOSEPH E. SLADEK SR. & GRANT SLADEK 1917 S. GILBERT STREET NANCY L. SLADEK 4548 SIOUX AVENUE SE IOAIA CITY, LA 52240 4424 SIOUX AVENUE SE IUVVA CITY, IOPJA 52240 IOWA CITY, IOWA 52240 I � III I � I 132421'(M) 1320SR) 5&61 2730 BS'(M) 42 AN (R) 2772a'(R) _ sw CORNER - - - - - - ssa'w'2a'w s 1/4 CORNER SEC. G-T79ni SEC. 31-T79N-R5W FOUND STANDARD CONCRETE MONUMENT (SGM) FOUND STANDARD CONCRETE MONUMENT (SGM) 3D"2 DEEP SET 5/8"0 DEBAR !MPH YELLOW 6"2 DEEP AS SHOWN ON PRIOR CORNER PLASTIC CAP NO, 17916 OVER THE TOP, 5"2 DEEP CERTIFICATE IN BOOK 40, PAGE 259. TIES WERE BOOK 48, PAGE 42 GONE 50 RETIED OUT THIS SECTION GARNER COMMENCING AT THE SOUTHWEST CORNER OF FRACTIONAL SECTION 31, TOWNSHIP 99 NORTH, R {NC E 5 WENT OF THE STH RM., JOHNSON COTNTV, TOWA; THENCE N00.4638 W 4LONG THE CUEST LINE OF THE FR4CTPONAL SOITTH'I EST UVE{)UARIBR t F S41D SECTTON 31, A DTST N(B OF 63900 FFEET TFflI N9R'4244 F 14469} FEET TO A PHT1ST ON THE NFST TTNF. OF THE FAST ONE-HALF OF THP FRACTIDN4P %UNTHWFST ONF-0U4RTER OF SA1n SGL IUIN 31, 1111 ACIL N011S4Y"W, ALONG SAID WIGS I I INIG 4p07I F I IT 101HIF POIN1 O1 BEGINNING IIII :ACI DOMO2SW 52,0011LI IIII:NCI. NUO 4 4 W 31800 DELI 1HLNCL N89 6A U 2 00 1LL1 1HNNCL NO319W 9600 1EL1 11ILNCL NUl 848U 170.0 1LL1 1HNNCL N89' _ L 1330, IDEA 11ILNCL SU046Y8L, 8695 IDEA 111NNCL N89'0828 W 4907 FELT TO THE POINT OF BEGINNING CONT VNIN( 155 \CRES AND TS SIBTECT TO EASEMENTS.ND RESiRTCTIONS OF RECORD_ RE20NING EXHIBIT SCOTTIAR. Pral LOCATION MAP NOTTOSCALE I "+� 1 LEGEND AND NOTES A - CONGRESSIONAL CORNER, FOUND ® - CONGRESSIONAL CORNER, REESTABLISHED CONGRESSIONAL- CONGRESONAL CORNER, RECORDED LOCATION IF - PROPERTY CORNERSO FOUND (- rotea) 0 - PROPERTY CORNERS SET (5/9" Iron Pin w/ YeIAi, El Uc LS CPU embi—etl with MMS ® - CUT "%' - PROPERTY &/or BOUNDARY LINES - CONGRESSIONAL SECTION LINES --- --- - RIGHT-OF-WAY LINES - - CENTER LINES - LGT LINES, INTERNAL - LOT LINES, PLATTED OR BY DEED -- - - EASEMENT LINES. WIDTH & PURPOSE NOTED - - EXISTING EASEMENT LINES, PURPOSE NOTED RECORDED DIMENSIONS V- - AEACH RED DIMENSIONS C22 1 - CURVE SEGMENT NUMBER UNLESS NOTED OTHERWISE. ALL DIMENSIONS ARE IN FEET AND HUNDREDTHS SOILS MAP 10. SOIL TYPE SLOPES 119 MUSCATINE SILT LOAM 0-2 % 1GOO TAMA SILT LOAM 5-9 % 122 SPERRY SILT LOAM 0-1 % 161 WALEORD ATTERBERRY SILT LOAM 1-3 % 291 ATTERBERRY SILT LOAM 0-2 % CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS ENVIRONMENTAL SPECIALISTS 1917 S. GILBERT ST. IOW A CITY, IOWA 52240 (319) 351-8282 www. mmsconsulta nts. net Data R�.rsen REZONING EXHIBIT C-COMMERCIAL TO A -AGRICULTURAL A PORTION OF THE FRAC. SW 1/4 OF SEC. 31-T79N-R5W OF THE 5TH P.M., JOHNSON COUNTY, IOWA MMS CONSULTANTS, INC. Date 10/31/2018 P.Urvayad by Pald Book No. D,nnn 5y: ISmle: j cnerxeo a): sneer NO GDM Pro)ect No. ION/A CITY 10643-001 r -ri_--.,. -4 CITY OF I O W A C I F Y - h MEMORANDUM Date: December 20, 2018 To: Planning & Zoning Commission From: Jesi Lile, Associate Planner Re: Amendments to Title 14, Zoning Code of the Iowa City Code related to minor amendments to address inconsistences and clarify requirements (ZCA18-0004) Introduction The Iowa City Zoning Code (Title 14) is a living document that is subject to alteration and clarification as situations and circumstances change throughout the City. The proposed ordinance (Attachment 1) addresses many issues that have come to light with various aspects of code language and how the zoning code is applied. These amendments are all minor, and provide clarification to planners, building inspectors, commissioners, council members, and other government bodies and members of the public who depend on this document to make and understand important City-wide decisions. This clean up s erves to el iminate inconsistences between sections adopted at different times and to clarify orphaned language throughout the zoning code. Background Staff has been keeping a list of minor amendments that need to be made to the zoning and subdivision codes. There have been multiple meetings between staff members in Neighborhood and Development Services, including: building inspectors, planners, and code enforcement staff. The purpose of these meetings was to clarify the changes that need to be made and why, resulting in a list of minor amendments. Proposed Amendments This ordinance addresses several code amendments with the reasoning for each amendment detailed below. Some explanations address the reasoning behind multiple amendments. 1) Amend 14-3C-2A(4), Design Review Applicability -Sidewalk Cafes Summary of Change: The code currently subjects sidewalk cafes to the design review process, but also allows sidewalk cafes by -right in another section. The proposed amendment clarifies this inconsistency by removing the need for the design review process for sidewalk cafes as there are already design standards in a different section of the code. Justification: When sidewalk cafes were first allowed in Iowa City business owners were required to go through the design review process put in place by the City to ensure that cafes fit aesthetically and did not cause undue burden on pedestrians. Over time, the City has developed other guidelines and policies addressed in Resolution 16-328, the Sidewalk Cafe Policy (Attachment 2) and Title 10, Section 3-3 in the Municipal Code, which allows sidewalk cafes in the right-of-way in the Central Business and R iverfront Crossing zone districts and regulations for sidewalks cafes. Due to the adoption of the Sidewalk Cafe Policy and the regulations in Title 10, it is no longer necessary for December 12, 2018 Page 2 sidewalk cafes go through the de sign review. This amendment will remove this inconsistency in the code. Additionally, the City wants to encourage owners to apply for sidewalk cafes to help support businesses in central business zones and the Riverfront Crossings District. This supports the Comprehensive Plan goal to "Encourage a healthy mix of independent, locally -owned businesses and national businesses." 2) Amend 14-4B-1A(15), Minor Modifications Summary of Change: The code currently has an inconsistency that states a minor modification is needed for a bui Iding expansion of I ess than 500 feet in a gener al education facility, but a di fferent section allows such additions by -right. The proposed amendment addresses this inconsistency by removing the m inor modification requirement. Justification: The zoning code currently outlines two processes to approve additions and accessory uses to educational facilities that are less than 500 square feet. One process requires a minor modification. The other process is more streamlined and requires review and approval by the building official. The current regulations create unnecessary confusion for educational facilities trying to make small improvements to their facility while also making the approval process more difficult. This also creates situations where educational facilities are unduly burdened by excessive applications and fees that merely slow down minor facility upgrades. The proposed amendment eliminates these burdens and allows educational facilities to b uild small accessory structures and add very small additions to their buildings without going through the minor modification process. 3) Amend 14-4B-4B(22), Alcohol Oriented Sales in CIA Zones Summary of Change: The code currently does not allow for alcohol sales in Intensive Commercial (CI-1) zones unless it is through a convenience store associated with quick vehicle servicing (gas station). The proposed amendment removes that provision and allows alcohol sales as a permitted use in CI-1 zones, which are generally located along Highway 6 and Highway 1, south of the Iowa Interstate Railroad. Justification: In 2013 Ordinance 13-4550 (Attachment 4) amended the zoning code to allow for more broad uses in CI-1 zones, similar to us es allowed in Community Commercial (CC-2) zones such as allowing restaurants and bars, medical and dental offices, sales -oriented retail, and more. The reasoning behind this Ordinance was to allow more flexibility in use types by allowing a variety of commercial uses in CI-1 zones. However, Ordinance 13-4550 did not address alcohol sales specifically as part of sales - oriented retail so alcohol sales remained a provisional use and allowed only in convenience stores associated with quick vehicle servicing. Recently, GoPuff, a delivery service business, located to a CI-1 zone. Upon a request for a liquor license, this issue was brought to staff's attention since GoPuff does not have an associated gas station, and therefore, is not able to sell alcohol under the current code. After reviewing the history of the 2013 ordinance amendment, staff determined that not allowing alcohol sales associated with other uses allowed in the C C-2 zone was an oversight. The proposed amendment serves to clarify the intention of Ordinance 13-4550 and allow alcohol sales in CI-1 zones without the quick vehicle servicing provision. December 12, 2018 Page 3 4) Amend 14-5A-4F(5D-4), Alternatives to Minimum Parking Requirements Summary of Change: The code currently allows developers who have gone through the approval process for reduced parking the option of paying the associated in -lieu fee all at one time or in three separate installments. The proposed amendment eliminates the option of three installments and requires the fee be paid up -front before the issuance of a building permit. Justification: The zoning code specifies minimum parking requirements based on land use and zone, but al so provides a way for developers to get par king requirements reduced with City approval. This reduction is limited to the Downtown and Riverfront Crossings parking district, and for those qualifying instances, developers are required to pay a fee based on the number of spaces not being provided on -site. The current code allows developers to either pay the fee all at once or make three annual payments. While this was intended to allow developers some flexibility, it has caused many issues for the City with enforcing the agreed upon schedule. Fee collection upfront fits the current process the City has in place, and the three annual payment schedule has caused inefficient use of staff time trying to ensure fees have been properly collected according to the agreed upon schedule. The proposed amendment eliminates the three - payment option and r equires that developers pay the full fee for reduced parking requirements prior to the issuance of a building permit. 5) Amend 14-5A-5C, Parking And Stacking Space Size Summary of Change: Currently, the zoning code outlines standards for drive widths for surface parking areas, but not for structured parking areas. The proposed amendment applies those drive width standards to all parking areas. Justification: The minimum drive width designated for surface area parking is eighteen feet for drives serving two-way traffic and 10 feet for drives serving one-way traffic. This distance was selected because it provides for safe ingress and egress. Though there is not a set drive width for structured parking areas, building and inspection services has been using this as the standard for both surface and structured parking areas. This amendment clarifies the minimum drive width requirement of 18 feet for two-way traffic and 10 feet for one-way traffic for both surface and structured parking. 6) Amend 14-9A-1, General Definitions Summary of Change: The zoning code currently states that both 'Bed and Breakfast Homestays" and 'Bed and Breakfast Inns" are allowed in duplexes. The proposed amendment would clarify that "Bed and Breakfast Homestays" and "Bed and Breakfast Inns" are only allowed in single-family residences, not in duplexes. Justification: Currently, the definitions of"Bed and Breakfast Homestay" and "Bed and Breakfast Inn" do not m atch with what is allowed in the Accessory Use section of the zoning code under Specific Approval Criteria laid out in 14-4C-2. The general definition of both "Bed and Breakfast Homestay" and "Bed and Breakfast Inn" currently include duplexes as well as single-family dwellings; however, the Specific Approval Criteria in section 14-4C-2D&E specify that both " Bed and Breakfast Homestay" and " Bed and Breakfast Inn" can only be located in owner occupied, detached, single-family homes. According to provision 14-1 B-1 E under the Interpretation and Application of Provisions, "If the provisions of this title are inconsistent with one another of if they conflict with provisions found in other adopted ordinances, resolutions, or regulations of the city, the provision that is more specific to the situation will control. When regulations are equally specific or when it is unclear which regulation to apply, the more restrictive provision will control". Since the regulations for both "Bed and Breakfast Homestay" and " Bed and December 12, 2018 Page 4 Breakfast Inn" in the Accessory Use section of the code are both more specific and restrictive, the general definitions should not include duplexes and instead be restricted to owner occupied, detached, single-family homes. Additionally, this would be consistent with the City's current practice of not allowing Bed and Breakfast Homes and Inns in duplexes. Staff Recommendation Staff recommends that the P lanning and Zoni ng Commission recommend adoption of the draft ordinance by the Iowa City City Council. Attachments 1. Draft of Text Amendments 2. Resolution 16-328, the Sidewalk Cafe Policy 3. Ordinance 13-4550, allowing for expanded uses in Intensive Commercial Zones (CI-1) Approved by: aD MM_ Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services DRAFT TEXT AMENDMENTS Planning & Zoning Commission December 4, 2018 Amend 14-3C-2A, Designated Areas, Buildings, and Structures, as follows: Projects located in the following areas are subject to the design review process: 54. Central Planning District: Any exterior alterations to, additions to, or new construction of two-family uses, multi -family uses, group living uses, and institutional/civic uses located on a property in the central planning district, are subject to design review according to the rules of applicability and standards contained in section 14-2B-6, "Multi -Family Site Development Standards", of this title. (See central planning district map located in section 14-2B-6 of this title.) 65. PRM Zone: All exterior alterations to, additions to, or new construction on properties located within the PRM zone are subject to design review according to the rules of applicability and standards contained in section 14-2B-6, "Multi - Family Site Development Standards", of this title. (Ord. 05-4186, 12-15-2005) 96. Towncrest Design Review District: Any exterior alterations to, additions to, or new construction of buildings and structures, or alterations or additions to site development, such as parking areas, landscaping, screening, lighting, and access on property within the boundaries of the towncrest design review district, as illustrated on the map below, are subject to design review. However, on property zoned single-family residential, new construction, alterations, or additions to single-family uses, including alterations or additions to site development associated with said uses, are exempt from design review. (Ord. 11-4421, 2-1-2011; amd. Ord. 16-4685, 11-15-2016) Amend 14-4B-1A, Applicability, as follows The building official may grant the following minor modifications from the requirements of this title, provided the approval criteria are met. Any requests for modifications that exceed the limitations set forth below and all other requests for modifications of the requirements of this title require the filing of a special exception or variance application with the board of adjustment. 4-615. Modifications to the multi -family site development standards contained in section 14-213-6 of this title according to the alternate approval criteria set forth in that section. The building official must obtain approval from the design review committee and the director of planning and community development prior to granting any such modification. Such requests shall be reviewed and approved jointly by the design review committee, the director of planning and community development, and the building official. 4-716. Modifications to the site development standards contained in section 14-2C-6, 14- 2C-7, 14-2C-8, or 14-2C-9 of this title according to the alternate approval criteria set forth in section 14-2C-10 of this title. The building official must obtain approval from the design review committee and the director of planning and community development prior to granting any such modification. (Ord. 06-4220, 7-18-2006) 4-917. Modifications to the site development standards contained in sections 14-2D-5, "Industrial And Research Zone Site Development Standards", and 14-2F-5, "Public Zone Site Development Standards", of this title according to the alternate approval criteria set forth in those sections, respectively. The building official must obtain approval from the director of planning and community development prior to granting any such modification. (Ord. 09-4352, 7-6-2009) 4-918. One additional garage entrance/exit to structured parking may be granted according to the provisions of subsection 14-5A-5F7, "Garage Entrances/Exits", of this title. The building official must obtain approval from the director of planning and community development prior to granting any such modification. (Ord. 07-4247, 1-9- 2007) 2919. Freestanding signs in the CB-2 zone, according to the approval criteria and specifications as stated in section 14-5B-8, table 513-4 of this title. (Ord. 08-4319, 11-3- 2008) 24-20. Modifications or waivers of nonconforming development according to the provisions set forth in section 14-4E-8, "Regulation Of Nonconforming Development", of this chapter. (Ord. 10-4397, 7-12-2016) 2-221. A modification of the required driveway length in single-family zones according to the provisions set forth in subsection 14-2A-6C4 of this title. (Ord. 11-4451, 10-18-2011) 2422. An entranceway/gate more than four feet (4') in height in residential zones, provided it is designed to be compatible with and enhance the surrounding neighborhood. An identification sign no more than twelve (12) square feet in area incorporated as an integral element of the entranceway/gate may be permitted as part of the requested minor modification. (Ord. 14-4595, 8-19-2014) .423. Modification to reduce the open space requirement for single family and two family uses in certain qualifying situations and according to the specific approval criteria as specified in sections 14-2A-4 and 14-213-4 of this title. (Ord. 18-4744, 4-2-2018) Amend 14-4B-4B, Commercial Uses, as follows: 222-3. Delayed Deposit Service Uses In The CC-2 Zone: a. The use is licensed by the state of Iowa; and b. The use will be located at least one thousand feet (1,000') from any property containing any existing daycare use, educational facility use, parks and open space use, religious/private assembly use, or residential use; c. The proposed use will be located at least one thousand feet (1,000') from any other delayed deposit service use. (Ord. 12-4495, 9-18-2012; amd. Ord. 13-4550, 9- 17-2013) 232-4. Alcohol Sales Oriented Retail Uses In The CB-2, CB-5, And CB-10 Zones: An alcohol sales oriented retail use must be separated by a minimum distance of one thousand feet (1,000') from any other alcohol sales oriented retail use. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other alcohol sales oriented retail use. For example, in the case of an alcohol sales oriented retail use that is located on a lot with multiple leased spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by an alcohol sales oriented retail use to the nearest property line or leased building space of any other alcohol sales oriented retail use. (Ord. 09-4341, 6-2-2009; amd. Ord. 11-4452, 10-18-2011; Ord. 12-4495, 9-18- 2012; Ord. 13-4550, 9-17-2013) Amend 14-5A-4F-5D-4, Payment of Fee In Lieu Of Required Parking, as follows: (4) The city shall calculate and assess the entire fee upon issuance of a building permit. The fee payor ffkW shall pay the entire fee at - rip or to the issuance of the building permit� , 9F may elect to . the fee OR th Fe . (3) equal . al . stal L.... Rts the Fee payeF shall a bite a agFeemeRt with the eity befpFe the nF the r Rstallw.e RtS tG be paid and also slats f9pth that , 61POR Fee 1...1........ 4.. the L.M...-.... I"..bi..h...ssesseF ali.... .. the .. .-F... AiGh the LbdLJiRg p Yms ed SAid 10PR..0II R9t p elbide the eity 49M Amend 14-5A-5C, Parking And Stacking Space Size, as follows: C. Parking,-Aad Stacking Space Size, And Drive Dimensions: 7. Drives: A drive providing access to any parking area, both structured or surface, with more than eighteen (18) spaces must be no less than eighteen feet (18') in width if designed for two-way traffic or ten feet (10') in width if designed for one-way traffic. Amend 14-5A-5H(3), Design and Layout of Surface Parking Areas, as follows: Amend 14-9A-1, General Definitions, as follows BED AND BREAKFAST HOMESTAY: An accessory use within an owner occupied, single-family OF dale* dwelling unit, in which no more than three (3) bedrooms are provided to guests who stay for periods not to exceed fourteen (14) consecutive days. BED AND BREAKFAST INN: An accessory use within an owner occupied, single-family eK duplex dwelling unit with a maximum of five (5) bedrooms provided to guests who stay for periods not to exceed fourteen (14) consecutive days. 5t IED W6Z rtMA !9L19Y (adopted Res. No. 16 3281 In addition to the policy set forth below, sidewalk cafes are governed by Section 10-3-3 of the City Code, which is set forth below at the end of the policy. Location 1- Sidewalk cafes maybe located in the public right of way only in the CB-2, CB-5 and CB- 10 zones (the downtown and the commercial areas directly north and south of the downtown). 2. In City Plaza (a/kle, the ped mall), cafes may be located in either zone 1 or zone 2 if In conjunction with zone 1. Zone 1 is the area within ten feet (10') of the buildings. Zone 3 is the emergency/service lane through the middle of City Plaza. Tone 2 is the remaining area. For the specific definitions of the zones In City Plaza, see Section 10-5-1 of the City Code. able Sidewalk Cafe AMq 1. In the CB-10 zone with the exception of City Plaza, a sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight feet (8') of unobstructed walkway on the side of the cafe that is parallel to the building. The eight -foot (8') unobstructed walkway does not apply to cafes located on the street. 2. In City Plaza, there must be a minimum of eight feet (8') of unobstructed walkway between the side of the cafe that Is parallel to the building and any public elevated planter, If a sidewalk cafe extends into zone 2, there must be a straight, unobstructed walkway, which is at least five feet (5') wide, through the cafe in zone 1. Said walkway shall be included within the sidewalk cafe area and as such, shall be under the control of the establishment and subject to the annual fee. The walkway must be delineated in such a manner that the entire cafe abuts the building. In the event that an adjacent establishment seeks to locate an abutting sidewalk cafe entirely In zone 1 such that said walkway would end at the abutting cafe, the caf8 owner must relocate the cafe to zone 1 within thirty (30) days of written notice from the City. 3. In the CB-2 and CB-5 zones, the minimum of eight feet (8') of unobstructed sidewalk is not required If the existing sidewalk is less than eight feet (8') In width. If the sidewalk Is less than eight feet (8') in width, a sidewalk cafe may not extend into or encompass in any manner the existing sidewalk and may not impede pedestrian traffic. d. A sidewalk cafe area may not be located in street corner areas defined by building linos extended to the street and no closer than ten feet (10') from an alley. However, a cafe may be located between two feet (2') and ten feet (10') from an alley if the fencing located within ten feet (10') Is a type that is less than twenty percent (20%) solid. 5. A sidewalk cafe may not extend beyond the building line extended, except for those in a planter. 6. A sidewalk caf6 serving alcohol shall be contiguous with aside of the building wherein the establishment is located. For cafes in planters and the street, the contiguous requirement may be satisfied by an overhead canopy at least five feet (6) wide connecting the building to the caf6. The design of the canopy shall be approved by the City. The area underneath the canopy shall be under the control of the establishment and Is subject to the annual fee. 7. A caf6 on the sidewalk that does not abut the building must be located a minimum of two feet (7) from the curb as measured by the City, except for unique circumstances (such as being adjacent to a street cafe) as determined solely by the City Manager or designee. Operation of Sidewal Cafes 1. Advertising shall not be permitted in the sidewalk cafe area except for the name of the establishment on chairs, tables, umbrellas or other amenities, as approved by the City. 2, No blockage of building entrances or exits is permitted in a sidewalk cafe area. 3. Additional restroom capacity may be required to comply with local building and housing codes. 4. Occupancy limits are determined asset forth In the City bullding code. 5. No additional parking is required for the operation of a sidewalk cafe. 6. Sidewalk cafes are subject to annual inspections and maybe inspected at any other time at the City's discretion. 7. The sidewalk caf6 owner is responsible for trash removal and shall maintain the area and surrounding five feet (6) in a clean and litter free manner during all hours of operation. 8. All sidewalk cafes must meet the accessibility standards of City, State, and federal law. EasemeUt Aoreement 1. The agreement shall be between the City and the cafk owner with the approval of the building owner, if different than the caf6 owner. 2. The agreement shall provide that no property right is conferred and that it may be terminated if the City determines that the right of way is needed. 3. The agreement shall include provisions for Insurano8, Indemnification, fencing, maintenance, including vegetation and the subsurface if applicable, and any other reasonable provision as determined by the City Manager, or designee- 4. The agreement shall include a schematic diagram that shows that the caf6 and platform, If applicable, comply with this policy and the City Code. Except for cafes on City Plaza, the design shall include all existing streetscape amenities and utility features (such as valves and manholes) within eight feet (8') of the proposed caf6. 5. Except for cafes located on the street, the agreement shall be issued from February 1 through January 31. The initial agreement may be less than the one year, but shall expire on January 31 6. The agreement shall be recorded at the cafe owner's expense. Fencina (For Cafes Not on the Sir 1. Except during the term of the Initial easement agreement and from December 1 to February 28 thereafter, and with the exception of the entrances to the walkway required when a cafe extends Into zone 2, the area for a sidewalk cafe shall be delineated by anchored fencing. During the initial easement agreement and from December 1 to February 28, said area may be delineated by ropes or some other suitable method which shall be detectable by pedestrians who are visually impaired. 2. Fencing shall be constructed of a durable material, such as steel, aluminum, or wrought iron. Wood fencing shall not be allowed. The City shall approve the design. 3. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the end of each day's operation so that they are unusable and shall not block or obstruct emergency exits. If anchored fencing is not used, tables, chairs and other items shall be removed at the end of the day's operation, and the sidewalk cafe area shall be restored to Its normal condition as a pedestrianway. 4. The caf16 owner shall be responsible for any damages to the public right of way caused by the placement of any anchored fencing. 5. Planters with flowers and/or other vegetation are allowed as an alternative to temporary and anchored fencing to delineate the sidewalk cafe. The design of the planters shall be approved by the City Manager, or designee, subject to the following limitations: a. The planters shall, at the cafe owner's option, be either fastened to each other or removed from the sidewalk or City plaza at the and of the day's operation along with the tables, chairs, and other items. b. The planters shall not be less than twenty seven Inches (27") or more than thirty six inches (36") in height excluding plantings. c. The planters shall be either metal or have a metal frame. 6. Anchored fencing on a concrete platform may remain year round. 7. Notwithstanding any other provision herein, anchored fencing is prohibited on Washington Street from Clinton Street to Linn Street. However, all 4 (four) sides of the fence must be connected to one another to prevent movement of the fencing and said connection must be approved the City Engineer or designee. If non -anchored fencing proves to be unsuccessful in 2017 as solely determined by the City Manager, the City Manager may require anchored fencing beginning in 2018. Public Amenities and Utilities 1. Except as provided herein, a sidewalk cafe shall not utilize or encompass any public amenities, Including, but not limited to, benches, seats, tables, trash receptacles, public art, bike racks, water spigots, kiosks, posting pillars, and pergolas. The City Manager or designee may approve the utilization, encompassing, or relocation of a public amenity on the condition that the cafe owner pay all associated costs. 2. A sidewalk cafe may encompass trees, tree rings, light poles, water valves, manholes, and stormwater Intakes but shall not interfere with their care, maintenance or operation. Access shall be available to the City for their care and maintenance. 3. Amenities, including trees, tree rings and light poles, shall be considered obstructions for purposes of the requirements of the eight foot (8) unobstructed walkway. 4. The amenities used in the sidewalk cafe area shall be maintained in good condition. 5. Upon payment of the electricity fee, the caf6 owner may use the City's electrical outlet but only for lights. Planters 1. A sidewalk cafe may encompass or utilize an elevated planter if the proposed cafe meets the following criteria, as determined solely by the City: a. It does not interfere with pedestrian movement. b, It does not adversely affect drainage. c. It does not adversely affect public or city utilities. d. It does not adversely affect trees, shrubs or other plantings. e. It enhances the appearance of the surrounding area, and if in City Plaza, it enhances the use of City Plaza. f. It does not interfere with the functionality of any other existing sidewalk cafe. g. It is not otherwise contrary to public Interest. 2. If utilizing two planters, the area between the planters shall be included in the sidewalk cafe area but need not be delineated as such unless tables and chairs are present, 3. With the consent of the adjacent property owner and first floor tenants, if any, the caf6 may extend beyond the building line extended if the distance between the planter and the building line extended is less than ten feet (10'). The caf6 may extend beyond additional building lines extended with the consent of those property owners and first floor tenants, if any. 4. The cafe owner shall pay all costs associated with the cafe including, but not limited to, the cost to move water mains and water service lines, to remove and plant vegetation, to move electrical outlets, and to cut and restore the limestone. 5. The City may require the caf6 owner to add plantings within the cA area at the caM owner's cost. 0, There are a limited number of planters, and cafes in planters will entail a substantial financial investment. In order to address these two opposing concerns, a priority system and a lottery will be used. If a caft3 owner enters into an easement agreement with the City, said cafd owner will have priority over subsequent applicants for a caf6 in the planter for the following two caft3 seasons assuming that the City continues to authorize cafes In planters. Caf$ owners need to obtain the consent of adjacent property owner(s) and first floor tenant(s) only before entering the easement agreement for the first of the three-year, priority period, The priority Is to the Individual business owner of said cafe and cannot be assigned or sold to another cafe owner. Caf6 owners with easement agreements for the 2012 cafe season will not be subject to the lottery until February 1, 2015. The lottery for planters will be conducted in the same manner as the lottery for cafes in the street. P tformg LE2r._Cofes Not on the Street) 1. Sidewalk cafes maybe located on a platform on top of a public sidewalk if the City Manager or designee determines there Is excessive slope in the sidewalk and approves the design and if suitable access is provided for persons with disabilities. 2. Sidewalk cafes may be located on a concrete platform in the right of way that is not a public sidewalk if the City Manager or designee approves the concrete design and If suitable access is provided for persons with disabilities. Fencing shall not be more than three feet (3) In height, measured from the plane on which the chair sits to the top of the railing, excluding finials. CafQ.5 gn+ the Street 1. An establishment cannot operate a cafe In the street if there is sufficient room on the sidewalk for a cafe with an area of at least one -hundred twenty square feet (120 sq. ft.). 2. There shall be a minimum four foot (4') buffer on either end of the cafe for safety reasons. These buffers shall be established and maintained by the City and may be used for moped parking and/or bicycle parking. The buffer Is subject to the annual fee. As used In this policy, the tern sidewalk caf6 area does not include the 4-foot buffer. 3. The sidewalk caf6 area may not include the portion of the parking space beyond the building line extended. The 4-foot buffer may be located beyond the building line extended. 4. Cafes, including the 4-foot buffer, in each block face cannot utilize more than thirty percent (30%) of the total parking spaces in that block face. 5. Cafes cannot be located In loading zones. 6. Cafes cannot be set up before April 1 and shall be removed no later than the Tuesday following the last University of Iowa home football game. Cafes may have to be removed temporarily at the caf6 owner's sole expense to accommodate an event on the street permitted by the City (e.g., criterium). T The portion of the cafd located on the street shall be on a platform. The design features of the platform shall be submitted with the application. The platform shall not Impede drainage In the street gutter. 61 8. The area for a sidewalk cafe shall be delineated by anchored fencing. Fencing shall be constructed of a durable material, such as steel, aluminum, or wrought Iron. Wood fencing shall not be allowed. The City shall approve the design. 0. If stored outdoors, tables, chairs, and other items shall be secured within the anchored fencing at the and of each day's operation so that they are unusable. 10. Planters with flowers and/or other vegetation are allowed as an alternative to anchored fencing to delineate the sidewalk caf6. The design of the planters shall be approved by the City Manager, or designee, subject to the following limitations: a. The planters shall be fastened to the platform. b. The planters shall not be less than twenty seven Inches (27") or more than thirty- six inches (36") in height excluding plantings. c. The planters shall be either metal or have a metal frame. 11. The fee shall be a combination of the following four (4) fees: a) the annual square footage "right of way" fee for the portion of the caf6 located on the sidewalk; b) the annual square footage "platform" fee for portion of the caf6 located on the street and any portion that is be located on the sidewalk; c) the daily fee for each parking space regardless of the amount of the parking space that the oaf6 utilizes; and d) bollard fee. 12. There Is no guarantee that the City will continue to authorize cafes In the street. The caf6 agreement will Include a paragraph in substantial compliance with the following: Cafe owner further acknowledges and agrees that no property right Is conferred by this agreement for the use of portions of the public right-of-way, that the City Is not empowered to grant permanent or perpetual use of its right-of-way for private purposes, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way Is needed for a public use and should be cleared of any and all obstructions, and that the caf6 owner shall not be entitled to any compensation should the City elect to do so. The "30% limitation" limits the number of establishments that will be allowed to operate a caf6 on the street, and cafes on the street will entail a substantial financial investment, To address these opposing concerns, a priority system and a lottery will be used, The City will provide information on the lottery and the priority system on its website. Lottery. The logistics and deadlines for the lottery are as follows: February 1. In order to be eligible for the lottery, an application with a preliminary (not drawn by a professional) schematic diagram must be submitted by this date. Applications received after February 1 will be considered on a first come, first serve basis and will be denied if there is no available space. February 15. If there are competing applications, staff will notify the applicants by this date whether they have been selected to enter into easement agreements. Competing applications mean when there are applications for more than 30% of the parking spaces within a block face. The City will conduct a lottery to select applicants. March 15. The applicant must sign an easement agreement by this date, which is dependent upon staff approval of its schematic diagram (drawn by a professional) and payment of all fees (except the parking space fee that will not be known until the 6 platform is installed). It an applicant does not meet the March 15 deadline, staff will notify the next applicant that it is eligible for a cafe on the street. April 15, The next applicant must sign an easement agreement by this date. Note: If one of these dates falls on a weekend, the applicable deadline will be the following Monday. Priority, If a cafe owner enters into an easement agreement with the City, said cafe owner will have priority over subsequent applicants for a cafe within the some block face for the following two calendar years assuming that the City continues to authorize cafes in the street (see Paragraph 12 above). The priority Is to the individual business owner of said cafe and cannot be assigned or sold to another cafe owner. Qk Manager 1. The City Manager Is authorized to approve any other provision or require any other restriction regarding the use of the public right of way by a sidewalk cafe that is not inconsistent with this policy or the City Code. Few 1. Annual fee for sidewalk cafes located directly on the public right-of-way: $5.00 per square foot, 2. Annual fee for sidewalk cafes located on a structurelplatform (including cement platform) placed on the public right-of-way- $10.00 per square foot. 3. Annual fee for the area of the sidewalk cafe utilizing an elevated planter on the public right-of-way: $10.00 per square foot. The annual fee for the portion of a "planter" sidewalk cafe that is not located on the elevated planter: $5.00 per square foot. 4. Annual fee for a sidewalk cafA located on the street: $5.00 per square fool for the area located on the sidewalk plus $10.00 square foot for the area located on the platform on the street plus daily fee for each parking space as set forth in the City Code (presently, $12,00 per day) for every day the platform is on the street plus bollard fee. 5. Deposit for sidewalk cafes which place anchored fencing in the public right-of-way: $200.00. This deposit shall be refunded if the right,of-way, and planter If applicable, is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. 6. deposit for sidewalk cafes which place a structure/platform (including cement platform) on the public right-of-way, regardless of whether anchored fencing Is used: $500.00. This deposit shall be refunded if the structure/platform is removed, and the right -of way is restored to its prior condition by the sidewalk caf6 owner to the satisfaction of the City. 7. Deposit for sidewalk cafes which utilize an elevated planter in the public right-of-way: $1,000.00. This deposit shall be refunded If the platform is removed, and the right-of-way Is restored to Its prior condition by the sidewalk caf6 owner to the satisfaction of the City. 8. if the Initial easement agreement is for less than one season, the fees listed in Paragraphs 1-4 above shall be prorated on a quarterly basis. g. Electricity fee for using electrical outlet for lights for cafes in planters: $45 per year. 10. Bollard Fee: Actual cost of the bollards based on a five (5) year life cycle plus one (1) hour labor at the MWII pay grade to install, maintain, and remove the 4-foot buffer. If the platform is removed temporarily during the year, the labor fee Is assessed again when the platform is reinstalled. A minimum of two (2) bollards will be required, and the City shall determine If additional bollards are needed. 11. Recording fee for the easement agreement Actual fee charged by County Recorder. Section 10-3-3 of the City Code A. Sidewalk cafes are permitted in the public right of way only in the CB-2, CB-5 and CB-10 zones (the downtown and the commercial areas directly north and south of the downtown). B. No person shall operate a sidewalk caf6 without executing an easement agreement. C. Each sidewalk caf6 applicant shall file an application for an easement agreement with the Public Works Department. on forms provided by the City. D. The City Manager, or designee, shall either grant or deny the application within thirty (30) days of the application being filed. If the application is granted, the City Manager, or designee, is authorized to enter Into a public right of way easement agreement, If the application is denied, the applicant may appeal to the City Council by filing a written appeal with the City Council, and the appeals process shall be the same as provided for mobile vendors in this chapter. The City retains the right to limit the number of sidewalk cafes. E. After execution of an easement agreement, the City Manager, or designee, shall retain the right to terminate the easement agreement but only after written notice of violation has been given and the time to cure the violation has expired. Grounds for termination of the easement agreement shall include, but not be limited to, repeated violations of the state and liquor control laws, violations of the easement agreement, and creating a safety hazard, health hazard and/or public nuisance under state or local law. Additionally, the City Manager, or designee, retains the right to terminate the easement agreement and direct removal of sidewalk cafe operations if there is a substantial and reasonable need for use of the public right of way for a valid public purpose. The cafe owner has the right to appeal a decision to terminate the agreement to the City Council. The appeals process shall be the same as provided for mobile vendors in this chapter. F. The easement agreement, at a minimum, shall require the caf6 operator to provide a certificate of insurance satisfactory to the City, and shall agree to hold the City harmless against any and all liability arising from or relating to the operation of the sidewalk cafe or the location of the cafe on the public right of way including, but not limited to, all claims arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a caf6. G. Sidewalk cafes shall operate only between the hours of seven o'clock (7:00) A.M. and twelve o'clock (12:00) midnight. H, Food and beverages must be available for service to patrons in a sidewalk cafe during all hours of operation. Sidewalk cafes shall not operate when the restaurant kitchen is closed. I. A sidewalk cafe serving alcoholic beverages shall have an employee monitoring the area at all times during the hours alcohol Is consumed and shall dispense any alcoholic beverage under state and local law. J. Amplified sound equipment shall not be permitted. K. The operation of any sidewalk cafe shall be In conformity with all applicable federal, state, and local laws and regulations. M. All fees for the operation of a sidewalk caf6 shall be set by resolution. N. The City Manager Is authorized to establish administrative rules not inconsistent with any ordinance or policy adopted by the City Council. A copy of the policy and rules shall be on file with the City Clerk and available of the City website. 6d Prepared by: Karen Howard, Planning Department, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 ORDINANCE NO. 13-4550 AN ORDINANCE AMENDING TITLE 14: ZONING TO BROADEN THE USES ALLOWED IN THE INTENSIVE COMMERCIAL (CI-1) ZONE. WHEREAS, an ad hoc committee of private citizens was appointed by the City Manager to review the zoning regulations in several of the City's commercial zoning districts due to concerns expressed by some in the business community; and WHEREAS, said committee forwarded a summary of their conclusions and recommendation to the Planning and Zoning Commission, WHEREAS, the Committee concluded that some of the distinctions between the land uses allowed in the Intensive Commercial (CI-1) Zone versus the broader commercial uses allowed in the Community Commercial (CC-2) Zone may be unduly constraining the market; WHEREAS, a majority of the committee concluded that opening up the possibility of additional uses in the CIA Zone, such as restaurants, medical offices, and a wider, variety of retail uses would not have a significant negative effect on CIA zoned properties and that it would be better to allow buyers to more freely choose a location for their business based on their own needs and assessment of the merits of any specific property; and WHEREAS, the committee acknowledged that allowing this broader range of uses In the CI-1 Zone would shift more of the responsibility to the property buyer to consider the possibility that quasi -industrial or intensive commercial uses, which are more likely to have outdoor work areas, outdoor storage, or other aspects that may result in noise, dust, odors, may also locate in the same zone; and WHEREAS, despite the greater possibility for incompatibilities between uses in the CI-1 Zone, the committee concluded that the benefits of providing for a more unconstrained market for commercial property outweighed these risks, and therefore recommended that the uses allowed in the CIA Zone be expanded to allow the following CC-2 uses, and any associated accessory uses, such as drive -through facilities, with the same standards and provisions called out in the CC-2 Zone: restaurants and bars; medical and dental offices; personal services; hotels and motels; religious and private group assembly; and sales -oriented retail uses; and WHEREAS, the Planning and Zoning Commission has reviewed the committee's recommended changes to the Zoning Code and recommended that these changes be approved. 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. Amend 14-2C-2 Land Uses Allowed, Table 2C-1, Principal Uses Allowed in Commercial Zones, to indicate the following: o Designate Eating Establishments as "Permitted Uses" in the CIA Zone; o Designate Drinking Establishments as "Provisional Uses" in the CI-1 Zone; o Designate Medical/Dental Offices as "Permitted Uses" in the CI-1 Zone; n Designate Personal Service -Oriented Retail Uses as "Permitted Uses" in the CIA Zone; o Designate Hospitality -Oriented Retail Uses as "Permitted Uses" in the CIA Zone; o Designate Sales -Oriented Retail Uses as "Permitted Uses" in the CI-1 Zone, o Designate Religious & Private Group Assembly Uses as "Permitted Uses" in the CI-1 Zone. B. Delete paragraph 14-48-0B-11, Specific Approval Criteria for Provisional Uses and Special Exceptions for Drinking Establishments and substitute in lieu thereof. Ordinance No. 1,t-49ro Page 2 11. Drinking Establishments in the CH-1, CI-1, CC-2, Cli CB-5, CB-10 Zones Within the University Impact Area, as illustrated on Map 213.1 within Section 14-23-6 or the Riverfront Crossings District, as illustrated in Figure 2C.8 within Section 14-2C-11 a Drinking Establishment, as defined in this Title, must be separated by a minimum distance of 500 feet from any other Drinking Establishment. Distance shall be measured along a straight line from the nearest property line (or nearest point of the leased building space) of the proposed use to the nearest property line (or nearest point of the leased building space) of any other Drinking Establishment. For example, in the case of a Drinking Establishment that is located on a lot with multiple leased building spaces, such as a shopping mall, the distance is measured from the nearest point of the leased building space occupied by a Drinking Establishment to the nearest property line or leased building space of any other Drinking Establishment. C. Delete the Specific Approval Criteria for Provisional Uses and Special Exceptions for Sales -Oriented Retail in the CI-1 Zone contained in paragraph 14-413-413-18, and renumber subsequent paragraphs accordingly. D. Delete Table 4C-1 within subsection 14AC-2K, Accessory Uses and Buildings Speck Approval Criteria, and substitute in lieu thereof: Table 4C-1: Drive -Through Facilities Zone Drive -through facilities allowed Additional requirements ID Zones None permitted Not applicable Residential Zones None Permitted Not applicable CO-1 Zone Limited to facilities that are accessory to financial Special exception required. See additional institutions approval criteria listed below. C&1 Permitted Drive through lanes must beset back at least 10 feet from property lines and must be screened from view of any abutting Residential Zone to the S3 standard (See Article 14-5F, Screening and Buffering Standardsl. CH-1 Zone Limited to facilities that are accessory to fioafidai Special exception required. See additional institutions and pharmacies, approval criteria listed below. Maximum of 2lanes allowed for a financial institution; Maximum of 1 lane allowed for a pharmacy Ci ii and C&2 Permitted by special exception Special exception required. See additional Zones approval criteria listed below CE-5,CB-i0Zones None permitted Not applicable 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 17thday of September , 2013. Ordinance No. 1 z_&san Page 3 //ice, 41 Appr ved by City Attorney's Office g/f/� Ordinance No. 13-4550 Page 4 It was moved by Payne and seconded by Dickens 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 8/20/2013 Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, ➢obyns, Hayek. NAYS: None. ABSENT: None. Second Consideration 9/03/2013 Voteforpassage: AYES: Mims, Payne, Throgmorton, Champion, Dickens, Dobyns, Hayek. NAYS: None. ABSENT: None. Date published MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION OCTOBER 18,2018-7:OOPM—FORMAL MEETING EM MA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: Larry Baker STAFF PRESENT: Sue Dulek, Anne Russett OTHERS PRESENT: Megan Carr, Gina Landau, Victoria Sharp, John Sharp, Matthew Kulzak, Andrew Hoffmann RECOMMENDATIONS TO CITY COUNCIL: By a vote of 4-2 (Martin & Dyer dissenting, Baker absent) the Commission recommends approval of REZ18-00020, an application submitted by IC Housing, LLC, for a rezoning from ID-RM to RM-20 for approximately 1.79 acres and RM-12 for approximately 2.55 acres on approximately 4.34 acres of property located south of Herbert Hoover Highway and east of Scott Blvd subject to City Council approval of the following conditions: 1. A north/south street shall be built to City standards and dedicated to the City as a public improvement in accordance with a subdivider's agreement, in a form acceptable to the City Attorney. 2. A detailed landscaping plan to be approved by the City Arborist to ensure a landscaped area that buffers noise and wind from the proposed housing communities at the time of platting. 3. No building permit shall be issued for the subject property until the City Council approves a final plat that conforms to the proposed zoning boundaries and generally conforms with the street layout on the concept plan. By a vote of 6-0 (Baker absent) the Commission recommends Council update the Fringe Area Agreement with Johnson County. By a vote of 6-0 (Baker absent) the Commission recommends Council not write a letter of support for CZ18-00002 an application submitted by Claude and Adam Greiner for a rezoning from County Agriculture (A) to County Single Family Residential (R) for approximately 11.34 acres of property located south of American Legion Road and west of Wapsie Avenue SE. By a vote of 6-0 (Baker absent) the Commission recommends approval of ZCA18-00003 Amendments to Title 14, Zoning of the Iowa City Code related to transfer of development rights for historic properties. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. Planning and Zoning Commission October 18, 2018 Page 2 of 15 9 WLU011101 Lem IIaMi■IC4WAF-9111I014C Discussion of an application submitted by IC Housing Group, LLC for the rezoning of approximately 4.34 acres of property located at 4643 Herbert Hoover Highway SE from Interim Development Multi -Family Residential Zone (ID-RM) to Low Density Multi- Family Residential Zone (RM-12) for approximately 2.55 acres and Medium Density Multi -Family Residential Zone (RM-20) for approximately 1.79 acres. Russett began the staff report showing an aerial map of the site, the applicant is proposing to rezone some of the area to RM-12 and the remainder of the site will remain Interim Development- Single Family Residential (ID-RS). The applicant has used the "Good Neighbor Policy", and a Good Neighbor Meeting took place on September 25, 2018 at Helen Lemme Elementary School. One neighboring resident attended the meeting and expressed concerns related to construction site runoff and stormwater management and concerns related to the proposed public street. The same neighbor also submitted a letter to the Commission which was included in the agenda packet. Russett gave an overview of the three part project, phase A is the rezoning of about 2.5 acres to RM-12, the applicant is proposing an affordable, family apartment building of about 36 units on this site. The applicant has secured tax credits from the Iowa Finance Authority for the project as well as $400,000 from the Johnson County Trust Fund and $200,000 from the City of Iowa City. Phase B (on the east side of the property) is the proposal of about 1.8 acres to RM-20 and are considering an affordable senior housing project of about 52 units. Phase C would be a future rezoning. With regards to the Comprehensive Plan Future Land Use Map it identifies this area as residential development around of 2-8 dwelling units per acre and in addition the Plan encourages goals for a diversity of housing options. Additionally, the Northeast District Plan encourages housing diversity and a mixture of single family residential along with townhomes and small apartment buildings. The Northeast District Plan lays out how this should be done by locating townhouses and apartment buildings adjacent to neighborhood commercial areas and at intersections of arterial and collector streets. Staff finds the proposed rezoning is consistent with the Comprehensive and District Plans due to the location of the project near the Olde Town Village commercial areas and along the Herbert Hoover Highway arterial, therefore a mixture of housing types, including multi -family, is appropriate. Russett next showed pictures of the project site. The applicant has provided a concept plan and elevation for the design of the two multi- unit buildings. Russett noted these are just concepts and staff will need to review plans as they move through the site review stage. In terms of transportation issues The Northeast District Plan discusses the importance of an interconnected transportation system. There is a current 8 foot side path constructed along Herbert Hoover Highway and the project site is within half a mile from a transit stop. Staff is proposing a condition of approval be a north/south street shall be built to City standards and dedicated to the City as a public improvement in accordance with a subdivider's agreement as well as a detailed landscaping plan, particularly focusing on providing a buffer from the proposed housing and Herbert Hoover Highway. Russett noted one correction regarding the neighborhood open space requirement, the staff Planning and Zoning Commission October 18, 2018 Page 3 of 15 report stated approximately 0.28 acres of public space is require or they must pay a fee -in -lieu and that number should actually be around 0.35 acres. Staff recommends the approval of REZ18-00020, an application submitted by IC Housing, LLC, for a rezoning from ID-RM to RM-20 for approximately 1.79 acres and RM-12 for approximately 2.55 acres on approximately 4.34 acres of property located south of Herbert Hoover Highway and east of Scott Blvd subject to City Council approval of the following conditions: 1. A north/south street shall be built to City standards and dedicated to the City as a public improvement in accordance with a subdivider's agreement, in a form acceptable to the City Attorney. 2. A detailed landscaping plan to be approved by the City Arborist to ensure a landscaped area that buffers noise and wind from the proposed housing communities at the time of platting. 3. No building permit shall be issued for the subject property until the City Council approves a final plat that conforms to the proposed zoning boundaries and generally conforms with the street layout on the concept plan. Hensch asked about landscaping and noted the main concern is providing a buffer from Herbert Hoover Highway but the Commission prefers to see a landscaping plan for the entire project and not just focused on one area. He noted the Iowa City Care Center is to the south of the project and there should be some buffering there as well. Russett stated the applicant is required to submit a complete landscaping plan that meets the City's landscaping requirements, what staff is asking for in the condition is for the applicant to go above and beyond the standards in that area. Hensch also inquired about a topographical map for this area because of the concerns raised regarding stormwater. Russett does not have a topographical map but showed on her map where the site slopes heavily on the eastern side of the site. Hensch noted with the third parcel being undeveloped that will temporarily mitigate stormwater issues going to the southeast, but feels it should be addressed now and not wait until that third parcel is developed. The final point Hensch is concerned about is the fee -in -lieu of public space, and none of the developments in area have any neighborhood space. Russett noted that it is possible that all developments in the area will do a fee -in -lieu of if there is not space on the sites for park areas. Staff would work with the City's Parks Department on this during final platting. Hensch asked what size of space is needed for pocket parks, he feels it is necessary for children to have a place to play close to their homes. Russett is unsure of the preferred size but noted the applicant is proposing some open space for the residents of this project. Townsend asked what the affordable housing is based on since this project is receiving funds towards affordable housing. Russett noted the applicant can address the rents and target renters. Dyer noted that since affordable housing is likely to include children it should be expected to have a playground or facility for children to play onsite. Russett noted the applicant is proposing a playground on the site. Hensch open public meeting. Megan Carr (IC Housing Group, Sand Development LLC.) stated they do have a proposed Planning and Zoning Commission October 18, 2018 Page 4 of 15 playground for the site, there are also picnic tables, a bike rack and they intentionally moved the parking lot over so there would be open green space for the children to play. Carr also stated there will be a buffer along the property line next to the Iowa City Care Center, it is a hedge along the parking lot. Martin asked about the playground area and Carr said they can send the City photos of the playground equipment and areas they have developed on other sites. Dyer noted the handouts the Commission received in the packets are not easy to read. Martin agreed noting it is better to have more visuals so they can make better informed decisions. Carr said when they come back before the Commission at the preliminary plat stage they will provide better detailed plans. Carr noted they have received tax credits from the Iowa Finance Authority and hope to close on the land in early 2019 and start construction. Townsend asked if the entire project is considered affordable housing. Carr noted the first phase is funded through Iowa Finance Authority so it will all be affordable, low-income housing. Townsend asked what is considered affordable. Carr said in this community they have proposed 6 1-bedroom units, 12 2-bedroom units and 18 3-bedroom units and there is a mix of 30, 40 and 60 and there will be 4 market rate units. Carr said current market rate for a 1- bedroom would be under $1000 and up to a 3-bedroom would be $1300. At the 30% rate it is about $450 for a 1 bedroom and about $620 for a 3-bedroom. Parsons asked how many people would live in phase A if all bedrooms were full. Carr said it is unlikely they would ever have full maximum occupancy, they do allow up to 2 occupants per bedroom in their units, but in most cases the occupancy is less. In this development there would be around 80-81 bedrooms. Signs asked how many stories are the buildings. Carr said they are both 3-stories, and within the 35 foot roof height requirement. Hensch asked if phase B is maybe a senior housing development or surely a senior housing development. Carr said if built at 52 units it would have to be a senior housing development because of the bonus, if they kept the development as family housing they were unable to garner any additional funding from the City of Iowa City or Johnson County. Martin asked about the concept of the building. Carr said they are looking at a row -house style so the one building looks like many different buildings to better blend in with the community. The building would be 60% brick or Architectural CMU Block and the remaining portion would be a cement board siding or similar product. Signs asked why they are not including phase C into this current plan, and noted his concern about stormwater draining and neighboring properties. Carr said they are not including phase C right now because they are unsure what they will do with that development, most likely it will be an outlot and it will need to come back to rezoning for a platting process. She stated they are also looking at doing a regional pond on phase C where the stormwater would collect. Carr said they have talked with the neighbor and will continue to keep an open line of communication with the concerned neighbor as the development moves forward. Planning and Zoning Commission October 18, 2018 Page 5 of 15 Hensch closed the public hearing. Parsons moved to recommend approval of REZ18-00020, an application submitted by IC Housing, LLC, for a rezoning from ID-RM to RM-20 for approximately 1.79 acres and RM- 12 for approximately 2.55 acres on approximately 4.34 acres of property located south of Herbert Hoover Highway and east of Scott Blvd subject to City Council approval of the following conditions: 4. A north/south street shall be built to City standards and dedicated to the City as a public improvement in accordance with a subdivider's agreement, in a form acceptable to the City Attorney. 5. A detailed landscaping plan to be approved by the City Arborist to ensure a landscaped area that buffers noise and wind from the proposed housing communities at the time of platting. 6. No building permit shall be issued for the subject property until the City Council approves a final plat that conforms to the proposed zoning boundaries and generally conforms with the street layout on the concept plan. Signs seconded the motion. Martin noted this area is one of the entrances to Iowa City and it is very important to keep the entrances to Iowa City beautiful and she is concerned about how little information the Commission was given on concepts and not knowing what the end result will look like with all three pieces. Hensch agreed with Martin's concern regarding this being an entrance to Iowa City and feels the landscaping plans along Herbert Hoover Highway are important as well as his concern about the people living at the Iowa City Care Center and the view from their facility should not be a parking lot. It is a lot of density in this area so landscaping is needed. He acknowledged Iowa City desperately needs affordable housing but that doesn't mean people who live in affordable housing shouldn't have decent facilities and areas to live in. Hensch is concerned about the overall lack of green space or a place for a pocket park. Additionally there seems to be chronic problem in Iowa City regarding stormwater management and he feels the Commission should receive a City Engineer's report for any rezoning, especially in this area when they know it is an issue with the neighbors. Parsons asked if the City Engineer has to sign off on every application for stormwater management. Russett said stormwater management is addressed at platting and the site plan stage so the applicant will be required to meet all the City's stormwater management regulations. Martin noted that yes the City needs this type of housing and really likes the style of the building but wants to make sure smart decisions are being made for the entire community. Hensch also noted that the Commission has often seen elevation drawings at the rezoning phase so they can be better informed and that hasn't happened lately. Signs concurred and noted that is his concern about the phase C lot, the area is dense, it is neighboring both residential and commercial, and is uncomfortable not having a picture of the whole property at this stage. Planning and Zoning Commission October 18, 2018 Page 6 of 15 Dyer noted the landscape issue is because the parking lot in phase A is a large asphalt/concrete parking area and often with areas that large there is also landscaping within the parking lot, the residents of one side of the building will have a view of only the parking lot as well. Russett noted the City does have landscaping requirements for parking lots and all of that is addressed at the site plan stage and the whole project is subject to the City's multi -family design standards. Townsend noted the concern regarding the nearest bus stop % mile away when this is to be low-income, affordable housing. Signs noted a challenge of affordable housing in the community is there is not a lot of options of where to put it, and most of the places are on the fringe of town. The Iowa Finance Authority scores the applications based on the housing being close to schools, shopping amenities, etc. and that is not possible in Iowa City. Parsons said there is such a prejudice against affordable housing so it is important to make sure these developments are done right to counter the prejudice. Hensch noted he has many questions still lingering tonight regarding the development. Hensch asked if the sense of the Commission was to defer this topic for more information. Dyer stated it would be good to see examples of other affordable housing this developer has completed. Russett asked what the Commission would like the applicant to further provide. She has heard pictures of playgrounds, other developments, etc. Martin said often the Commission has received pictures of products that will be used, playgrounds, and at the very least elevations to see how it will all look. Russett noted the rezoning request is not for phase C and therefore there is no concept for that area. Signs feels that is part of the problem and the whole area should be handled as a whole. Hensch would like more information regarding a landscape plan and building elevations. Dulek noted the Commission must act within 45 days of the application or it will be considered approved and day 45 is Sunday, October 281h therefore unless the applicant is willing to waive the 45 day requirement action must be taken. Parsons noted that most of the informational items the Commission is requesting can be on the preliminary plat which will come before the Commission. Russett acknowledged they can definitely provide more detail at that stage. Tonight's decision is a land use decision, is the Commission comfortable with multi -family use in this area of the city, will it be compatible with the neighborhood and consistent with the Comprehensive Plan. Parson stated he is comfortable with the RM-20 and RM-12 at this location. Hensch acknowledged they will see more information at the preliminary plat stage for this project and could take a leap of faith and approve this. However he noted staff should be aware the Commission wants to see more detailed information on similar applications in the future. A vote was taken and the motion passed 4-2 (Martin & Dyer dissenting, Baker absent). Planning and Zoning Commission October 18, 2018 Page 7 of 15 291.[H MA:iIRM:iiLUd11►[a11raOVA WIWAIM8181818% Discussion of an application submitted by Claude and Adam Greiner for a rezoning from County Agriculture (A) to County Single Family Residential (R) for approximately 11.34 acres of property located south of American Legion Road and west of Wapsie Avenue SE. Russett noted this item is located in Johnson County, not in Iowa City limits, but is in fringe area B, outside the City's growth area. She showed on a map where the proposed rezoning is located, and noted the current County zoning for this area is agricultural. The applicant is proposing dividing the parcel into seven single family residential lots and one outlot. Russett noted the City is required to look at rezonings in the fringe area per the Fringe Area Agreement. The County's future land use map indicates this area as residential, the residential land use category allows single family detached dwellings with a preferred density of one dwelling unit per acre or more. Although the density shown on the concept plan is less than one dwelling unit per acre, the proposed rezoning is generally consistent with the County's Comprehensive Plan. The Fringe Area Agreement is a component of the City's Comprehensive Plan and applies to areas not specifically planned for in the City's Comprehensive Plan. Staff relies on this Agreement and policies in reviewing proposals and the Agreement is intended to provide guidance regarding the development of land located within two miles of Iowa City's corporate limits. This property is located in Fringe Area B — Outside the City's Growth Area. For this area, the agreement states that agricultural uses are preferred. The Agricultural land use category envisions agricultural uses, such as row crops and animal husbandry, with "very limited residential development." Based on the policies outlined in the Fringe Area Agreement, which is part of the City's Comprehensive Plan, staff does not recommend approval of this rezoning. Staff recognizes that the proposed rezoning is consistent with the County's recently updated Comprehensive Plan; however, staff relies on the Fringe Area Agreement policies when reviewing rezonings in the Fringe Area. Hensch asked that since the Fringe Area Agreement hasn't been updated since the County's Comprehensive Plan was updated perhaps the recommendation is the Fringe Area Agreement should be updated. Parsons agreed and said they should be updated together. Russett said that could be passed along to the City Council. Signs asked that the rezoning application does fit within the County's Plan but not the Fringe Area Agreement. Russett confirmed that was correct. Hensch opened the public meeting Gina Landau (MMS Consultants) represents the applicants, Claude and Adam Greiner, and wanted to address the Fringe Area Agreement. She has spoken with the County and was told that at any time the County or the City can request an update to the Fringe Area Agreement and it is the County's intention to request an update as well. The County has also told Landau they are in the process of working with some of the smaller towns to update fringe area agreements and were working their way up to Iowa City. The current Fringe Area Agreement is 12 years old and that is why it doesn't reflect what the County's current objectives are. The application however does follow all the County rules regarding density, acres of correct size, street locations, and stormwater management. Landau requests the Commission recommend that Planning and Zoning Commission October 18, 2018 Page 8 of 15 yes, this area is good for residential use. The County has the ultimate say and Landau believes they will recommend approval. Victoria Sharp (5124 American Legion Rd, SE) noted some concerns regarding changing from agricultural to residential based on a number of issues. First is the heavy traffic already on American Legion Rd, speeds are quite fast, and multiple accidents have happened very close to this area. Hensch asked what the speed limit was along American Legion Rd. Sharp said it is 55 mph but often people go much faster as well as there is heavy truck traffic on the road. Another concern is the number of driveways onto the road, right now there is one, adding two additional driveways (as seen in the plan) would increase the traffic. Another concern is location for emergency services such as fire, where West Branch responds because Iowa City will not. Sharp wonders if West Branch has been consulted as they would have to have additional people available if there was a fire. Finally she noted a concern about how much overall agricultural land will be rezoned to residential, there is the new school going up and it has a lot of agricultural land around it and it would make more sense to rezone that area closer to the school. Sharp also commented on the drainage, currently there is drainage that goes into that area and there may be difficulties due to that drainage. John Sharp (5124 American Legion Rd, SE) added that the American Legion Road is a very recreational road, there is a bike path out there to Scott Park, and people do drive 70 mph down the road and to have a residential development where there are these reckless speeds and truck traffic from the propane place down the road is risky to the families that may live in this residential area without addressing some of the safety concerns. Sharp also wanted to acknowledge the concept of a good neighbor meeting would have helped a lot in this situation, they found out about the rezoning by a sign across the street. Hensch noted the Commission is a proponent of good neighbor meetings however this is a county rezoning. Parsons also acknowledged the Sharp's concerns will have much more meaning at the County level. Hensch closed the public hearing. Parson moved to recommend Council update the Fringe Area Agreement with Johnson County. Townsend seconded the motion. Hensch agrees and hopes it can be done soon. A vote was taken and the motion passed 6-0 (Baker absent) Parsons moved to not approve CZ18-00002 an application submitted by Claude and Adam Greiner for a rezoning from County Agriculture (A) to County Single Family Residential (R) for approximately 11.34 acres of property located south of American Legion Road and west of Wapsie Avenue SE. Martin seconded the motion Planning and Zoning Commission October 18, 2018 Page 9 of 15 Parsons stated he made the recommendation because while he believes the application probably does conform with the County, it does not comply with the current Fringe Area Agreement. Signs noted this may become a bigger issue as he is aware of two other large open green spaces nearby are destined for development so there is the potential of a rather large rural residential area here. A vote was taken and the motion passed 6-0 (Baker absent). ZONING CODE AMENDMENT ITEM(ZCA18-00003): Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to transfer of development rights for historic properties. Russett began by providing the Commission with background as to why staff is working on this ordinance, she will then talk about the existing transfer rights provisions which exist in Riverfront Crossings, and finally will get into the specifics of the amendment proposed tonight. At the City Council's May 29, 2018 meeting the Council considered the local landmark designation of the property at 410-412 North Clinton Street. Council deferred action on the local landmark designation until January 2019 while staff reviews and analyzes the establishment of a city-wide transfer of development rights (TDR) program for historic properties. On August 7, 2018, Council discussed a city-wide TDR program at a work session and then on September 4, 2018, provided direction to staff on some key policy issues. Staff has been given a timeline by Council, in June and August staff conducted a lot of research analysis of TDR around the country, on September 4 they presented that research to Council and they directed staff to move forward with drafting an ordinance. Last week staff presented the draft to the Historic Preservation Commission and tonight are before the Planning & Zoning Commission for review and discussion of this ordinance. Staff would like to present a draft to City Council next month, the deadline for adoption of this ordinance, should the Council decide to adopt the ordinance, is January 29, 2019, because that is when the expiration of the deferral for the local landmark designation on the North Clinton Street property happens. Russett provided some background as to why the City is perusing this ordinance. National Register Districts are an honorary designation, it does not provide any protection for listed resources, it does not limit a property owner from making modifications on a building or demolishing a building, but it does offer incentives. On the flip side Iowa City's local historic districts and local landmarks provide protection to historic resources and any changes to the exterior of those buildings need to either be reviewed and approved by the Historic Preservation Planner or the Historic Preservation Commission. The idea behind the transfer of development rights ordinance is to provide an incentive to property owners to landmark their historic buildings. Transfer of development rights is meant to protect historic resources by giving property owners of those historic resources the ability to sell or transfer development rights to another property. The areas that may receive the transfer of development rights are in areas where the City wants to see more development. Russett acknowledged the goal is to preserve historic landmark designations and buildings, right now it is uncertain the effectiveness of an ordinance like this, there has been no market analysis to determine a market for these transfer rights, and if people will actually utilize it. Planning and Zoning Commission October 18, 2018 Page 10 of 15 Russett noted key components of TDR programs are: • Sending Areas: Areas identified for protection. These areas are typically required to be preserved and all or a portion of the development potential of the property could be transferred to another site. • Receiving Areas: Areas where the development rights from the sending sites could be transferred. These are areas where the City wants to encourage growth and development at a higher density or intensity than currently allowed. These areas should have adequate public services and utilities to accommodate additional growth, as well as a healthy market demand for growth. • Transfer Calculations: TDR programs can allow the transfer of all or a portion of the development potential of a sending site. Ordinances must outline how the transfers are calculated. • Process & Administration: TDR programs need to establish a process for how transfers are reviewed and approved. Additionally, transfers must be tracked over time (i.e. how many transfers do property owners in the sending area have; how many have been transferred and how many remain; where have they been transferred). The City currently has a TDR ordinance in the Riverfront Crossings District for the dedication of open space, preservation of historic properties, and the dedication of public right-of-way. Below is a summary of the existing provisions for historic structures: • Eligible sending sites include properties designated as an Iowa City Landmark, eligible for landmark designation, registered on the National Register of Historic Places, or listed as a historically significant building per a survey • Prior to requesting a transfer of development rights, the property must be designated as an Iowa City Landmark to ensure its protection long-term • Receiving sites include properties within the Riverfront Crossings District • The formula for calculating the transfer is Lot Area of the Sending Site X Maximum Number of Stories Allowed on the Sending Site = Square Footage Eligible for Transfer • City Council must review and approve all projects receiving transfer of development rights • No transfer can exceed the maximum height allowed through the building height bonus provisions, which varies depending on the subdistrict One example of a transfer of development rights was for the transfer of development rights from the Tate Arms building at 914 S. Dubuque (sending site) to a new building at the corner of S. Dubuque and Benton Streets (201 E. Benton & 912 S. Dubuque (receiving site)). Out of the 34,800 square feet of development rights available for transfer, the Council approved a transfer of 7,400 square feet to add a 51" story to the building. The property owner has 27,400 square feet of development rights remaining to transfer. Signs asked about the calculations of transfer rights being based on the square footage of the entire lot and why aren't they based on the allowable square footage of a building that could go on that lot. Russett stated when the formula was developed for Riverfront Crossings they intentionally made it very generous because they anticipated development and redevelopment in Riverfront Crossings and wanted it to be a higher amount that could be transferred. Russett noted the direction staff received on the city-wide ordinance is to have the sending sites Planning and Zoning Commission October 18, 2018 Page 11 of 15 to only apply to future local landmarks, not to existing, staff is to develop a new transfer formula, however the current formula used in Riverfront Crossings would remain intact for that area only, Council will continue to have oversight on the program and will review and approve any transfer right requests, and in terms of the receiving sites Council directed staff to look at Riverfront Crossings and sites that allow multi -unit development throughout the community. Russett next gave an overview of the proposal for the City-wide ordinance. For the sending sites staff is recommending looking at future properties that are listed as Iowa City landmarks as well as contributing properties listed in future Iowa City local districts. Staff presented this proposal to the Historical Preservation Commission on October 11 and they expressed concern that the proposed ordinance only applies to future Iowa City landmarks and if it is not provided to future districts it could be a disincentive for the creation of districts and people will just want to create landmarks. The Historic Preservation Commission also noted Council recently adopted several Iowa City landmark designations and requested those properties also be eligible for the incentive. Properties within existing historic districts would not be eligible and property within existing and future conservation districts would also not be eligible as sending sites. Russett noted in addition to this proposed ordinance, staff is recommending an amendment to the existing Riverfront Crossings transfer of development rights provisions to allow the transfer and incentive to also apply to districts and not just landmarks. In terms of receiving sites, staff is recommending any site zoned Riverfront Crossings, multi- family residential or any commercial zone that would allow multi -family be eligible as a receiving site. Russett showed a map indicating the potential receiving sites. Staff is recommending the transfer of development rights be one of two options, either a height bonus or a density bonus, but not both a height and density bonus. Additionally, staff proposes to allow transfer requests to exceed either the height or density permitted on the receiving site, but restrict any height bonus to no more than 40 feet above the maximum height allowed. If the receiving site is next to an existing single family home the height is limited to twenty feet above the height of that existing home. Staff is not recommending any restrictions on the density bonus. Hensch asked if for density someone could use every square inch of the parcel. Russett noted with density there would still be parking requirements, open space requirements, and all other regulations in the zoning ordinance. Russett noted the formula to be used to determine the potential transfer a sending site would have, staff is proposing the difference between the maximum allowable height of the sending site and the existing height of the historic structure. However they are noting that no transfer would be less than 12 feet, or one story. For example if there is an existing historic structure that is 30 feet and the maximum height on the sending site is 35 feet, the difference is only 5 feet but the transfer would be 12 feet as it is the allowable minimum. For the density bonus option staff is proposing the transfer be the difference between the maximum number of dwelling units allowed on the sending site and the existing number of dwelling units on the sending site. The maximum density should also be based on the on the underlying zoning designation at the time of Iowa City historic landmark designation. In terms of the transfer process, any requests for a transfer of density or height from a sending site to a receiving site will be reviewed by the staff design review committee, which will then Planning and Zoning Commission October 18, 2018 Page 12 of 15 submit a recommendation to the City Council for their review and approval Russett noted the proposed ordinance is consistent with the Comprehensive Plan as there are goals in the Comprehensive Plan to protect our community's historical, environmental, and aesthetic assets, there is also a Historical Preservation Plan component of the Comprehensive Plan which again has goals for the preservation of historic resources and also a specific goal to establish economic incentives to encourage the preservation of historic buildings and neighborhoods. Staff recommends that the Planning and Zoning Commission recommend adoption of the draft ordinance by the Iowa City City Council. Hensch thanked Russett for the thorough presentation and how helpful it was to explain the proposal. He noted he is not a big fan of the density bonus and feels there could be issues with that but likes that City Council has to approve all transfer requests. Martin acknowledged the process this has gone through and asked if the Historic Preservation Commission did approve the ordinance. Russett said the Historic Preservation Commission did have some concerns but recommended moving it forward, she will go back to the Historic Preservation Commission in November with an update and let them know the progress. Signs asked about the historic district piece, noting a few meetings ago when the Commission voted on a large group of properties on South Clinton Street (the Railroad District) that was to be made into a historic district, would those properties then qualify to have transfer rights. Russett noted they would if it was a contributing resource to the historic district. Hensch asked for clarification on how the transfer rights work within a district. Russett used the Railroad District as an example, any property within that district that is identified as a contributing resource, that site and that building, would be eligible for a transfer and the formula would be based on that specific property, not the district as a whole. Hensch asked who can take advantage of the transfer rights, only the owners of the property, or could they give that right to some developer in their name. Russett said the transfer rights could be sold to a developer. Dyer asked about demolition by neglect or any provisions that say the owner must upkeep the landmark property. Russett said they followed the language that was in the Riverfront Crossings Code that says the property is subject to the demolition by neglect ordinance and property needs to be maintained. If the property is deteriorating the owner would not need to make improvements to be eligible for the transfer rights. Townsend asked how they would keep track of these transfers. Russett said the City will maintain a database of eligible properties and transfer potential, where they are transferred to and what the receiving site is. Staff is also proposing as part of the application to apply for a transfer details on the application. They are also requesting that if there is a private sale on the open market that the City at least be notified the sale has happened. Martin asked what would happen if a private sale happens and the developer does not use the transfer rights for a while and in that time the City decides this ordinance is not appropriate and removes it from Code, what happens to the developer that is now the owner of a transfer they cannot use. Dulek acknowledged that is an issue that is potentially out there. She added with Planning and Zoning Commission October 18, 2018 Page 13 of 15 regards to maintaining this database there will have to be the ability to keep track of the change of title for these rights. Hensch asked if this ordinance is in response to market demand. Russett said it was a request of the property owner's at 410 North Clinton when that property was going through the historic designation process, they requested for their local landmark designation be put on hold until this ordinance could be discussed and implemented. Hensch opened the public hearing. Matthew Kulzak (222 N. Clinton St.) is an econ student at The University of Iowa and is taking a class on planning livable cities and that is why he attended today's meeting. In class they are discussing the development rights and transferring those and he feels from an economic perspective it is great because one issue that occurs with historic buildings is there is potential development in that area but it is unusable because it is historical and something that is valued by a city to maintain historic character. One issue that could arise is the building being neglected and the rights still sold, and that seems like a valid concern and not in the spirit of the program to benefit for the historic building but not maintain it. Andrew Hoffmann (718 Oakcrest Street) is a College of Law student at The University of Iowa in a property law class and commented on the density issue noting it was pretty limited in the way the presentation was shown because the density can only be transferred by the extent that the landmark has the capability to do that. Hoffmann feels it would be a pretty small transfer and not a big issue. Additionally the distance of transfer, the transfer could be sold and used anywhere in the City and there are no restrictions given in the presentation. Hensch closed the public hearing. Signs moved to recommend approval of Amendments to Title 14, Zoning of the Iowa City Code related to transfer of development rights for historic properties. Parsons seconded the motion. Signs noted he likes this amendment in that it does address some of the concerns he expressed when the Commission was acting upon the historic properties at past meetings. There is potential for economic loss to a landowner when the City designates a landmark against the property owners will, and now there is a potential benefit and may mitigate any owner loss on the property. Townsend would like to see some requirement that the property had to be kept in good condition to be eligible to transfer development rights. Martin asked if a property sells their rights, then has the property demolished due to disrepair, what can be rebuilt in that location. Dyer recalls that when the Tate Arms transfer of development rights happened the property owner was required to upgrade and maintain the Take Arms building as well as be able to construct the new building. Russett agreed and noted there was a provision in the Riverfront Crossings Ordinance related to demolition by neglect. That provision will also be in this ordinance. Russett also noted there is a City ordinance that requires all buildings in the city to Planning and Zoning Commission October 18, 2018 Page 14 of 15 be maintained. Signs is concerned about an indefinite time frame, but likes to idea of bringing the building up to standards at the time of development transfer. A vote was taken and the motion passed 6-0 (Baker absent) CONSIDERATION OF MEETING MINUTES: SEPTEMBER20, 2018 Signs moved to approve the meeting minutes of September 20, 2018. Martin seconded the motion. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Russett noted two things. First she introduced the new associate planner Ray Heitner. Second, staff received a letter from property owners in the Cardinal Pointe Subdivision that she emailed out to the Commission members, the letter expresses some concerns to a property that is for sale off Camp Cardinal Boulevard. Russett noted staff has not received an application for a rezoning on the property yet. Signs noted there has been a substantial change of membership on the Commission and in staff and he wonders if a work session is needed to talk through expectations going forward. Hensch noted it seems like staff reports are different now and perhaps stormwater can always be referenced even if just to say no report for that application. Signs agreed, that is an issue brought forth in many applications. Adiournment Signs moved to adjourn. Parsons seconded. A vote was taken and the motion passed 6-0 PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018 3/1 (W.S) 3/12 3/15 (W.S.) 4/2 4/5 (W.S) 4/16 4/19 5/3 5/17 6/7 6/21 7/5 8/16 9/6 9/20 10/18 BAKER, LARRY -- -- -- -- -- -- -- -- X O/E X X O/E DYER, CAROLYN X X O/E X O/E X X X X X O/E X O O/E O X FREERKS, ANN X X X X X X X O/E X X X -- -- -- -- -- -- -- -- HENSCH, MIKE X O/E O/E X X X X X X X X X X X X X MARTIN, PHOEBE X O/E X X X X X X X X X X X X X X PARSONS, MAX X X X X X X X X X X X X X O/E X X SIGNS MARK X X X X X X X X X X X X X X X X THEOBALD, JODIE X X X X X X X X X X O/E TOWNSEND, BILLIE -- -- -- -- -- -- -- -- X X X X X KEY: X = Present O = Absent O/E = Absent/Excused = Not a Member CITY OF IOVVA CI F_Y MEMORANDUM Date: December 20, 2018 To: Planning & Zoning Commission From: Anne Russett, Senior Planner Re: Attendance Policy Staff received a request to remind the Planning and Zoning Commission of the attendance policy. Article III, Section 4 of the by-laws [Attachment 1 ] specifically discusses absences. As a reminder to the Commission, three consecutive unexplained absences of a Commission member from regular formal meetings may result in a recommendation to the City Council for removal. Attachments: 1. By -Laws, Iowa City Planning and Zoning Commission BY-LAWS Iowa City Planning and Zoning Commission ARTICLE I. AUTHORITY The Iowa City Planning and Zoning Commission shall have that authority which is conferred by Chapter 414 of the Code of Iowa, Title 14, City Code, City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE II. PURPOSE: The purpose of the by-laws stated herein is to provide for the general welfare of the citizens of Iowa City by establishing a Planning and Zoning Commission to advise the City Council on all matters pertaining to the physical development and the Comprehensive Plan of Iowa City. ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Planning and Zoning Commission shall consist of seven (7) members appointed by the City Council. All members of the Commission shall reside within the City limits of the City of Iowa City, Iowa. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Commission business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the City Zoning Chapter and subdivision regulations, by-laws, and other documentation that would be useful to Commission members in carrying out their duties. They shall also be given an orientation briefing by the City staff and the Commission as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a Commission member from regular formal meetings may result in a recommendation to the City Council from the Commission to discharge said member and appoint a new Commission member. Section 5. Vacancies. Any vacancy on the Commission because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years, with terms expiring on July 1. Not more than one-third of the terms may expire in any one year. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resignations. Resignations should be submitted in writing to the Mayor with a copy to the City Manager, Director of Planning and Community Development and Chairperson of Planning and Zoning at least 60 days prior to the date of intended departure. U139IM4:8DA110199ROI:1 Section 1. Number. The officers of this Commission shall be a Chairperson, Vice -Chairperson, and Secretary, each of whom shall be elected by the members of the Commission. Section 2. Election and Term of Office. Officers of the Commission shall be elected annually at the first regular meeting in February each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of de ath, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice -Chairperson. In the absence oft he Chairperson, or in the event of death, inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be s ubject to al I the restrictions upon t he Chairperson. Section 6. Secretary. The Secretary shall have the responsibility of insuring that the Commission's minutes are accurate and are circulated as prescribed. The Secretary, in the absence of the Chairperson and Vice -Chairperson, shall perform the duties of the Chairperson and when so acting shall have all the powers of and be s ubject to al I the restrictions upon the Chairperson. ARTICLE V. MEETINGS: Section 1. Regular Meetings. Regular formal meetings of this Commission shall be held twice monthly whenever possible. Section 2. Special Meetings. Special meetings oft he members may be called by the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three or more members of the Commission. Section 3. Place of Meetings. Regular formal meetings shall be in a place accessible to persons with disabilities. Section 4. Notice of Meetings. Notice of regular and special meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings. The news media shall be notified by staff as required under Iowa Code Chapter 21. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular formal meetings for open public discussion. Section 8. Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 9. Exparte Contacts. A member who has had a discussion of an agenda item outside of 3 a public meeting with an interested party shall reveal the contact prior to staff report, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal. Section 10. Conflict of Interest. A member who believes they have a conflict of interest on a matter about to come before the Commission shall state the reason for the conflict of interest, leave the panel of Commissioners before the discussion begins, shall not participate in the discussion and may return to the panel after the vote. Section 11. Voting. A majority (but not less than three) of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. A two-thirds vote of the members of the Commission present or not less than f our votes shall be required in consideration of a substantial amendment to the Zoning Chapter and the adoption of the Comprehensive Plan or part or amendment thereof. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Commission, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 13. Roberts Rules of Order. Except as otherwise provided herein, Roberts Rules of Order as amended shall be used where applicable. ARTICLE VI. POWERS AND DUTIES: The City Planning and Zoning Commission, in addition to the powers conferred by Chapter 414 of the Code of Iowa, possesses the following powers established by Section 14-7A-1, City Code, City of Iowa City, Iowa: Section 1. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of such Commission bears relation to the Comprehensive Plan, and shall submit such plan to the Council with its studies and recommendations and it may publish the same. Section 2. To make recommendations for the location of public buildings, bridges, viaducts, street fixtures, public structures or appurtenances and the sites therefor, and the location or erection of statuary, memorials or works of art in public places. Section 3. To make recommendations upon plans, plats, or replats of subdivisions or resubdivisions in such city which show streets, alleys or other portions of the same intended to be dedicated for public use. Section 4. To make recommendations for street, park, parkway, boulevard, traffic way or other public improvements, or the vacation thereof. Section 5. To carry on comprehensive studies of present conditions and the future growth of such city in order to guide and accomplish a coordinated, adjusted and harmonious development of such city in accordance with the present and future needs thereof to the end that the health, safety, order, convenience, prosperity and general welfare may be promoted. Section 6. To conduct public hearings upon the adoption of such comprehensive plan or any amendment thereto. Section 7. To prepare a zoning ordinance regarding the height, number of stories and size of buildings and other structures; the percentage of ground that may be occupied; the size of yards, courts and other open spaces; the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes and to this end shall prepare 4 a preliminary report and hold public hearings thereon and after such hearings have been held, to submit its final report and recommendations to the City Council. Section 8. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications in the comprehensive plan prepared by it. Section 9. To do all things necessary or advisable in order to carry out the intent and purpose of this article and all other ordinances relating to the state as they now exist or as the same may be hereafter amended or supplemented. ARTICLE VII. HEARINGS: Section 1. Comprehensive Plan. Before the adoption or amending of any part of the Comprehensive Plan, the Iowa City Planning and Zoning Commission shall hold at least one public hearing thereon, notice of the time of which shall be given by one publication in a newspaper of general circulation in the municipality, not less than seven days or more than 20 days before the date of hearing. After adoption of said plan by the Commission, a copy shall be forwarded to the Council. If the plan, or any modification or amendment thereof, shall receive the approval of the Council, the plan, until subsequently modified or amended as authorized by this section, shall constitute the official city plan of Iowa City. After the City Council has adopted all or part of the Comprehensive Plan, the Planning and Zoning Commission shall: (a) Investigate and make recommendations to the City Council upon reasonable and practical means for putting into effect the Comprehensive Plan in order that it will serve as a pattern and guide for the orderly growth and development of the city. The measures recommended may include plans, regulations, programs, financial reports and capital budgets. (b) Prepare a biannual report to the City Council on the status of the plan and progress on its implementation. (c) Endeavor to promote public interest in and understanding of the comprehensive plan and regulations relating to it. (d) Consult with and advise public officials and agencies, public utility companies, and civic, educational, professional and other organizations, and citizens generally, on the implementation of the provisions of the Comprehensive Plan. IG1CiIN111=51II WeN0IBill" r610Ke]�LTiI�LTiI6�91010D=111.9I01* Section 1. Agenda. The Chairperson, or a designated representative, together with staff assistance shall prepare an agenda for all regular Commission meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Commission members and the media prior to regular formal meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all regular formal meetings are to be prepared and distributed to Commission and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Commission shall review all policies and programs of the City, relating to the Commission's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The 5 Commission will initiate consideration of each item at the next regular Commission meeting and shall notify Council of its disposition. Section 5. Attendance at Council Meetings. The goal of the Commission is to have at least one representative at each regular formal meeting of the City Council. It is the responsibility oft he Chairperson to d esignate the method by which this goal is achieved. The Chairperson or designated representative may also be requested to attend informal Council sessions at which matters pertaining to the Commission's responsibilities are to be discussed. Section 6. Annual Report. An annual report detailing the activities of the Commission shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Commission including composition, duties, and terms shall be designated by the Chairperson. ARTICLEX. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than four members of the Commission at any regular meeting or at any special meeting called for that purpose. Amendments shall be approved by the Council to become effective. ppdadmin\bylam.p&z