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HomeMy WebLinkAbout2019-02-05 OrdinanceItem Number: 7.a. + r ui �1 lat • yyrrmr�� CITY Ok IOWA CITY www.icgov.org February 5, 2019 Motion setting a public hearing for February 19 on an ordinance approving a rezoning for 0.155 acres of property located at 2130 Muscatine Avenue from Community Commercial (CC -2) zone to High Density Single Family Residential (RS -12) zone. (REZ18-00025) ATTACHMENTS: Description Staff Report Planning & Zoning Minutes 1/17/19 To: Planning and Zoning Commission Item: REZ18-00025 GENERAL INFORMATION: Owner: Applicant: Requested Action: Purpose: Location: Location Map: STAFF REPORT Prepared by: Jesi Lile, Associate Planner Date: January 17, 2019 University of Iowa Community Credit Union PO Box 800 North Liberty, IA 52317 319-530-9390 chriscampbell @ urbanacres.com Ben Anderson Anderson Construction, LLC 3880 Owl Song Lane Iowa City, IA 52245 720-277-5681 ben@anderson-construction.info Rezoning from Community Commercial (CC -2) to High Density Single Family Residential (RS -12) To allow residential development 2130 Muscatine Avenue I.1'.iSGATPNEAVE 1 . 40 Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: District Plan: Neighborhood Open Space District: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 2 6,750 square feet / 0.155 acres Vacant office space, Community Commercial (CC -2) North: Single Family Detached Dwellings; Low Density Single Family Residential (RS -5) South: Seamstress & Single Family Detached Dwellings; Community Commercial (CC - 2) & Low Density Single Family Residential (RS -5) East: Pharmacy Retail Store; Community Commercial (CC -2) West: Single Family Detached Dwellings; Low Density Single Family Residential (RS -5) General Commercial General Commercial, Central Planning District N/A December 18, 2018 February 1, 2019 The applicant, Anderson Construction, has requested a rezoning from Community Commercial (CC -2) to High Density Single Family Residential (RS -12). The total project site is 6,750 square feet and currently houses an abandoned building, formerly used as Frantz Pest Control. The property is currently bank -owned due to foreclosure and likely in need of serious repair. Due to the small size of the lot, the redevelopment of the site to another commercial use is difficult due to current requirements related to drive -widths, parking, setbacks from adjacent residential uses, and other requirements. The applicant is proposing to rezone to High Density Single Family Residential (RS -12), which would allow the development of a single-family home or duplex. The applicant has not provided a concept plan for the site, but conveyed to staff that the following options are being explored: 1) demolition of the existing building and development of a duplex, 2) hiring a consultant to conduct an intensive survey of the site to determine historic significance and potentially seeking funding for a historic rehab (if the property is historic), and 3) renovation of the existing structure to a residential use. The applicant has indicated that they will not use the Good Neighbor Policy. ANALYSIS: Current Zoning: Under the current Community Commercial (CC -2) zoning, this lot could potentially be used for office spaces, eating establishments, retail, general community service uses, specialized education centers, or religious/private group assembly. The CC -2 3 zone also allows multi -family above the first floor through the special exception process. The maximum height in the CC -2 zone is 35 feet and the maximum floor area ratio (FAR) is 1.0. Proposed Zoning: The applicant has requested a rezoning to High Density Single Family Residential (RS -12), which allows detached single-family dwelling as a permitted use, while other duplexes, attached single-family dwellings, and group households are provisionally allowed. The maximum height in the RS -12 zone is 35 feet. Compliance with Comprehensive Plan: The Iowa City Comprehensive Plan identifies this area for General Commercial development. However, the plan also includes the following land use goals that support the development of this property as residential: • Identify areas and properties that are appropriate for infill development. • Ensure that infill development is compatible and complementary to the surrounding neighborhood. • Provide appropriate transitions between high and low-density development and between commercial areas and residential zones. This rezoning would allow for the redevelopment of the former Frantz Pest Control building and would provide for more residential options in the neighborhood in close proximity to a commercial hub. Furthermore, the project site is adjacent to existing residential land uses. The rezoning to a higher intensity, single-family residential zone would provide a more appropriate transition to the commercial node to the east. This lot is located in Subarea B of the Central District. Density and demand for housing from University students is not as intensive in this area of the Central District, but there is demand for housing for families as there are many schools in close proximity. The following plan goals related to housing and quality of life support the proposed rezoning: • Goal 1: Promote the Central District as an attractive place to live by encouraging reinvestment in residential properties through the district and by supporting new housing opportunities. • Goal 3: Remove obstacles to reinvestment in neighborhoods. The proposed rezoning would result in additional residential development in the neighborhood. The current commercial zoning is a barrier to redevelopment and investment in this property due to the size of the lot and existing regulations. This lot is not suitable for commercial infill development as parking requirements and street setbacks would take up much of the usable space. The surrounding residential area is zoned Low Density Single -Family Residential (RS -5); however, the land area of the property does not meet the minimum lot size requirements of that zone. Rezoning to RS - 12 ensures the site meets the minimum lot size requirements for single-family and duplex development. The rezoning will allow reinvestment and additional housing opportunities in the community. This lot is also part of the Towncrest Urban Renewal Area, and any renovation of the existing building or redevelopment of the site will be subject to staff Design Review and the design guidelines laid out in the Towncrest Urban Renewal Design Plan Manual. The manual lays out the desired look of the Towncrest area and identifies specific acceptable n building materials. Compatibility with neighborhood: To the north, west, and southwest, this lot is surrounded by single family homes zoned Low Density Single Family Residential (RS -5). To the east and south, this lot is surrounded by Community Commercial (CC -2) (see attachment 2). The rezoning from Community Commercial (CC -2) to High Density Single Family Residential (RS -12) would allow for a transition between the two zones. Historic buildings: According to assessor's data, the current building was built in 1900. Although the existing building was built at the turn of the 201h Century, staff does not have an intensive survey for the site, and therefore, does not know whether or not the building is historically significant. Staff has communicated with the applicant on the process required to make that determination. Specifically, the applicant would need to hire a historian to conduct an intensive survey of the site to determine its historic significance, if any. Traffic implications: The proposed rezoning is a downzoning from CC -2 to RS -12, and therefore, will not impact traffic significantly. There is only enough room for a single- family home or a duplex, which will keep traffic counts consistent with current uses as residential areas typically see less traffic than commercial areas. Access and street design: This corner lot currently has vehicular access from both 2"d Avenue and Muscatine Avenue. There are no existing sidewalks on the property. Staff proposes as a condition of the rezoning that redevelopment or renovation of the site requires installation of 5 -foot sidewalks on both the Muscatine Avenue and 2"d Avenue frontages. Neighborhood Open Space: The City's neighborhood open space requirement applies to residential subdivisions, commercial subdivisions containing residential uses, and planned developments. Since this lot will not be subdivided, Neighborhood Open Space requirement do not apply. Storm water management: The property has access to the City's storm water management system. The storm water design will be reviewed at the site plan review stage. Infrastructure fees: There will be no required sanitary sewer or water tap -on fees as this site already has sanitary sewer and water. SUMMARY: This small, 0.155 -acre lot is not suitable for commercial infill development, as parking requirements and street setbacks would take up much of the usable space. Rezoning to high-density single-family residential would conform with the rest of the block and provide a transition to the commercial properties across the street. Because this is infill development, there are no concerns with traffic increases and no associated infrastructure or open space fees. NEXT STEPS: Upon recommendation by the Planning & Zoning Commission, the rezoning will go to the City Council for final review and approval. Upon approval by the City Council, the developer will be subject to staff Design Review due to the location of the site in the Towncrest Urban Renewal Area and Site Plan review prior to the issuance of building 5 permits. STAFF RECOMMENDATION: Staff recommends the approval of REZ18-00025, a proposal to rezone approximately 0.15 acres of property located at 2130 Muscatine Avenue from Community Commercial (CC -2) to High Density Single Family Residential (RS -12) subject to the following condition: 1. The developer will be required to install 5 -foot sidewalks along the Muscatine Avenue and 2"d Avenue frontages upon redevelopment of the site or renovation of the existing building. This will be required prior to the issuance of a Certificate of Occupancy. ATTACHMENTS: 1. Location Map 2. Zoning Map Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services L = i l�� ^ l dP CITY N I(MA CIT) r .�flAl ' . r 5 1..e ' l t ' M r i r r r M1J n 4 n 17!���', 1t r Yx Jr sl rtr r is MUSCAr INF A�rE Sri w� 6 tW ' 1(h m� 14 �y n i;- .,x IF f o 1. a Yka An application submitted by Anderson Construction LLC' for the rezoning of approximately 0.155 acres located atit A 2130 Muscatine Avenue from Community Commercial ! r r - (CC-2) to High Density Single -Family Residential (RS-12). H ST `- -4 CITY I(MACIT) A& �kRS5,, RS5 RS5 RS5 A4RS5 RS5 , RS5 CG2 CO2 CO2 CC2 cc �S5 RS5 RS5 RS5 RS5 S" C RS5 C2 RS5 RS5 RS5 RS5 RS5 • RS5 RS5 RS5 CC2 J GST NWMO§CATINEAVE �S5 RS5 CC2 R55 RS5 R35 R55 R55 RS5 RS5 CC2 CG2CC2 CC2 CC, ZS5 col R RS5 RS5 RS5 R35 RS5 coi �S5 RS5 RS5 RS5 RSB RS5 RS5 RS5 RS5 RS5 RS5 An application SLII)rnitted by Anderson Construction LLC RS5 R86 PG6 for the rezoning of approximately 0.155 acres located at RS5 2130 Muscatine Avenue from Community Commercial (CC -2) to High Density Single -Family Residential (RS -12). R IT RS, MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION JANUARY 17, 2019 —7:00 PM —FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: Carolyn Dyer STAFF PRESENT: Ray Heitner, Sara Hektoen, Jesi Lile, Anne Russett OTHERS PRESENT: Jenna Polk Anderson, Tom Townsend CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING/DEVELOPMENT ITEM (REZ18-00025): Discussion of an application, submitted by Anderson Construction LLC, for a rezoning of approximately 0.15 acres of property located at 2130 Muscatine Avenue from Community Commercial (CC -2) zone to High Density Single -Family Residential (RS -12) zone. Lile began the staff report noting this is a proposed rezoning of the former Frantz Pest Control lot by Anderson Construction LLC for a rezoning of approximately 0.15 acres of property located at 2130 Muscatine Avenue from Community Commercial (CC -2) zone to High Density Single - Family Residential (RS -12) zone. She showed a map showing the location of the property, it is approximately 6,750 square feet in size, it is located across the street from Walgreens to the east and a seamstress to the south, the rest of the block is zoned single-family residential. Lile showed the zoning map of the area, the rest of the block is low density single family residential and this lot acts as a bit of a transaction into the Towncrest commercial area. Lile noted the subject area is a small commercial lot, it is a difficult lot for commercial use due to its small size and the parking and stacking requirements for commercial as well as the setback requirements for this being on a commercial lot. High Density Single -Family Residential would allow for either a single family home or duplex on a lot this size. The applicant is considering three options, first is demolition of the current building and constructing a duplex, the second is an intensive survey of the site to determine historic significance and potentially seeking funding for a historic rehab (if the property is historic), and the third is renovation of the existing structure to a residential use. The applicant would prefer to renovate but the structure must be dried out to see if it is salvageable first. Lile noted the Comprehensive Plan provides the future land use goals and the ones achieved by this rezoning are to identify areas of property for infill development, to ensure infill development is capable with the neighborhood, and to provide appropriate transitions between high and low density development in between commercial areas and residential zones. In the future land use Planning and Zoning Commission January 17, 2019 Page 2 of 7 map this lot is still identified as commercial but it is surrounded by residential. This area is part of the Central Planning District and subarea B located away from the University and the student housing demand which makes it different from most of the Central District. There is still housing demand in the area but more for families as there are many schools in the area including Longfellow Elementary, Lucas Elementary, City High, Southeast Junior High and Willowwind School. The Central District Plan also provides some goals such as promoting the Central District as an attractive place to live by encouraging reinvestment in residential properties through the district and by supporting new housing opportunities as well as removing obstacles to reinvestment in neighborhood. The current commercial zoning is a barrier to the renovation and reinvestment in this property because of the small size and the existing regulations for commercial zoning. Lile showed photos of the lot and current structure. According to the Assessor data the building was built in 1900 but staff does not have an intensive survey for this site and does not know if it is a historically significant building or not. If the applicant chooses to pursue the route of surveying the property he would need to hire an historian to conduct an intensive survey and determine historic significance if any. Lile also noted there is a lack of sidewalks on the side of Muscatine Avenue where this lot is located. For traffic implications, access and street design, the proposed rezoning is a downzoning from CC -2 to RS -12, and therefore, will not impact traffic significantly. This corner lot currently has vehicular access from both 2nd Avenue and Muscatine Avenue. There are no existing sidewalks on the property. Staff proposes as a condition of the rezoning that redevelopment or renovation of the site requires installation of 5 -foot sidewalks on both the Muscatine Avenue and 2nd Avenue frontages. In summary, this is a small, 0.155 -acre lot is not suitable for commercial infill development, as parking requirements and street setbacks would take up much of the usable space. Rezoning to high-density single-family residential would conform with the rest of the block and provide a transition to the commercial properties across the street. Because this is infill development, there are no concerns with traffic increases and no associated infrastructure or open space fees. Staff recommends the approval of REZ18-00025, a proposal to rezone approximately 0.15 acres of property located at 2130 Muscatine Avenue from Community Commercial (CC -2) to High Density Single Family Residential (RS -12) subject to the following condition: 1. The developer will be required to install 5 -foot sidewalks along the Muscatine Avenue and 2nd Avenue frontages upon redevelopment of the site or renovation of the existing building. This will be required prior to the issuance of a Certificate of Occupancy. Next steps, upon recommendation by the Planning & Zoning Commission, the rezoning will go to the City Council for final review and approval. Upon approval by the City Council, the developer will be subject to staff Design Review due to the location of the site in the Towncrest Urban Renewal Area and Site Plan review prior to the issuance of building permits. Hensch asked if the Historic Preservation Commission has ever looked at this property or in this neighborhood in general. Lile acknowledged the Historic Preservation Planner did talk to some people and got a brief summary that said the property might have some connection to some Civil War person who lived in the building, but no actual survey was competed. Hensch asked if the applicant was aware the Commission prefers to see concept plans on rezoning applications. Lile Planning and Zoning Commission January 17, 2019 Page 3 of 7 confirmed he was and noted that she does have examples of other work the applicant has done in the City, particularly of historic buildings and homes. The applicant has not gotten to the concept plan stage of this application yet. Hensch asked why a good neighbor meeting was not held. Lile noted the applicant would have to answer that. Signs noted it was mentioned in the report and presentation that the proposed zoning was in line with the rest of the block and but the map shows the rest of the block being RS -5. Lile explained that was the residential zoning and even putting the lot at high density single family residential wouldn't allow for more than a duplex due to the lot size. Parsons asked what the difference was in setbacks from RS -5 and RS -12. Russett noted there isn't much difference in setbacks, the difference comes with the minimum lot size requirements, the current size at 2130 Muscatine doesn't meet the minimum lot size requirement for RS -5 or RS -8. Hensch asked if it remained the current zoning and the applicant was able to renovate the existing structure could it be rented and occupied. Lile stated that single family is not allowed in commercial zoning. Hensch opened the public hearing. Jenna Polk Anderson (Owner, Anderson Construction) represented the company as her husband Ben was in Denver on business. With regards to not holding a good neighbor meeting, since they were buying the property without knowing the zoning the bank did not want to wait and because it is a house the bank feels it should be zoned residential for lending purposes. The goal is to rehabilitate the property to maintain a similar look to the neighborhood. She shared work the company has previously done including a house they received the Historic Preservation Award for. If it is not possible to restore the current house then they will build a new structure. Hensch asked why they didn't have the historical analysis performed first so they would have that information before they came before Planning & Zoning. Anderson said due to limited time they wanted to see if a rezoning is even a possibility and if it is possible then they will go forward with all the surveys. Tom Townsend (2128 Muscatine Avenue) owns the property to the west of the subject property and asked if the rezoning is approved and the applicant adds the 5ft sidewalk as the adjoining property owner who would be financially responsible for continuing the sidewalk. Russett explained the sidewalk would only be in front of the subject property. Hensch closed the public hearing. Parsons moved to recommend approval of REZ18-00025, a proposal to rezone approximately 0.15 acres of property located at 2130 Muscatine Avenue from Community Commercial (CC -2) to High Density Single Family Residential (RS -12) subject to the following condition: 1. The developer will be required to install 5 -foot sidewalks along the Muscatine Avenue and 2nd Avenue frontages upon redevelopment of the site or renovation of the existing building. This will be required prior to the issuance of a Certificate of Occupancy. Baker seconded the motion. Planning and Zoning Commission January 17, 2019 Page 4 of 7 Baker asked if the Commission felt they should add a condition requiring a historical study of the property. Martin said there needs to be more information first, she feels this application is so general she does not feel there is enough information to make informed decisions. She understands timing and lender issues, but there should always be time for a good neighbor meeting. Hensch agrees that if the applicant says one of their intentions is to have the historical survey performed then that should be one of the rezoning conditions. Baker asked if the historic review is done and it is decided the property is historic and would demand preservation of the historic property shouldn't that be decided before a rezoning is granted. Hensch noted they can't do much with the property if it remains commercial. Hektoen noted that just having the survey done doesn't implicate historic review, it would have to be rezoned historic for historic ordinances to apply. She noted the concern is with this particular property is that it has been neglected and there are holes in the roof and whether is can be preserved at all at this point is a very large question. If the Commission is to approve this zoning application the condition to have it reviewed for historic value doesn't necessarily result in historic preservation. Parsons is leery of adding an unnecessary cost if it doesn't result in preservation. Baker noted the lack of specifics in general with this application and wondered if it was a concern shared by others. Martin feels it is important to see concepts to make sure the fit is proper with the rest of the neighborhood. Signs added that having three different options of what might happen to the property, rather than a specific plan, makes him uncomfortable. Baker noted it would either be a renovation of the current building or demolished and new structure built but either way it would be a duplex and fall under the guidelines of the Towncrest design review regulations. Signs asked if the Towncrest design review regulations even addressed residential. Lile said mostly with building materials and a general look but not specifics. Hensch noted his concern is if the structure is in poor shape, and he believes it is, he would have liked to see a picture or analysis showing the poor condition. He also feels good neighbor meetings are imperative for rezoning, and lastly is uncomfortable with a rezoning with no concept plan. Townsend said she is not so concerned about this due to the small size of the property and because residential is the only option, commercial is not viable, and if there are holes in the roof the building is probably damaged. Martin agreed but noted there is a precedent and it is important to be consistent and have concept plans for all rezoning so they can make informed decisions. Baker asked if the application could be deferred, Planning and Zoning Commission January 17, 2019 Page 5 of 7 Parsons noted it is after the limitation period so the applicant would have to be the one to request a deferral. Parson noted that he agrees with Townsend that the only option is residential due to lot size limitations and doesn't need to see a concept of single duplex house. Baker asked if a good neighbor meeting required a minimum number of days advanced notice. Russett replied there is not, and noted the good neighbor meeting is voluntary as is a submittal of a concept plan. Baker moved to ask the applicant to defer this until at least two weeks to allow time to arrange a good neighbor meeting. Anderson stated in regards to a concept plan and surveys it would be pouring money into a project without knowing if they are even able to rezone and rebuilt to make the neighborhood better. The timeline they were under is why a good neighbor meeting was not held. The concept plan would be similar to other properties they have constructed. Baker asked what problems a two week deferral would create. Anderson said the timeline was based on the lender and would have to find out those specifics. Parsons noted it would actually be three weeks until the next meeting. Anderson also noted that she would need more information on what actual information the Commission wants to gain from surveys so they know how to proceed. Hensch said he felt it would have been a stronger case if they knew the condition of the current structure and historic survey. He understands the consideration of cost that is often brought up. Anderson said they would like to rehab the property, they have done some research (on the soils around the building) because it had previously been a pest control business and some of the quotes to mitigate that have been very expensive, but they would still like to restore if possible. Baker said it is important the Commission checks the same boxes for each application (the good neighbor meeting, concept plans) and if this is deferred to the February 7 meeting would that be enough time. Hensch noted the Commission cannot require a good neighbor meeting so a deferral would not necessarily accomplish that. Hensch felt it was better to just go forward with a vote at this time. A vote was taken and the motion fails 3-3 (Martin, Baker, Signs dissenting). CONSIDERATION OF MEETING MINUTES: JANUARY 3, 2019 Parsons moved to approve the meeting minutes of January 3, 2019. Signs seconded. A vote was taken and the motion passed 6-0. Item Number: 10.a. + r ui �1 lat • yyrrmr�� CITY Ok 10WA CITY www.icgov.org February 5, 2019 Ordinance conditionally rezoning approximately 18.03 acres of property located east of South Gilbert Street and west of Sandusky Drive, from Interim Development Multifamily Residential (ID -RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone, and Planned Development Overlay/Neighborhood Public (OPD/P-1) zone. (REZ18-00024) ATTACHMENTS: Description Staff Report Location Map Subdivision Plans Cherry Creek Elevations Zoning Exhibit P&Z Minutes for Cherry Creek Subdivision Rezoning Ordinance - Conditional Conditional Zoning Agreement To: Planning and Zoning Commission Item: REZ18-00024/SUB18-00017 Cherry Creek Subdivision GENERAL INFORMATION: Applicants: Contact: STAFF REPORT Prepared by: Ray Heitner Date: January 3, 2019 Bedrock, LLC 3500 Dolphin Drive Iowa City, IA 52240 City of Iowa City, IA 410 E. Washington Street Iowa City, IA 52240 Kelly Beckler MMS Consultants 1917 S. Gilbert Street Iowa City, IA 52240 Requested Action: Rezoning from ID -RM to OPD/RS-5, OPD/RM-12 and OPD/P-1 preliminary sensitive areas development plan, and preliminary plat approval. Purpose: Location: Location Map: Size: To allow development of (17) single family lots, (21) townhouse style multifamily dwellings, (1) 36 -unit multifamily buildings, and (1) new City Fire station. East of S. Gilbert Street and South of Waterfront Dr. 18.03 acres Existing Land Use and Zoning: Undeveloped Surrounding Land Use and Zoning Comprehensive Plan: Neighborhood Open Space District File Date: 45 Day Limitation Period: 2 North: residential and agricultural - ID -RM South: residential — RS-5/OHD East: residential — RS -5 West: Napoleon Park — P1 South District Plan — residential 2- 8 dwelling units per acre S1- Wetherby November 29, 2018 January 13, 2019 APPLICATION BACKGROUND INFORMATION: An earlier version of this application was first presented to the Planning and Zoning Commission on June 7t" of 2018. The Commission voted to defer, at the applicant's request, consideration of the application until June 21st, 2018. During the June 21st meeting, the Commission voted 6-1 to recommend the application to the City Council, with the following conditions: 1. That the City Forester would review and approve the tree replacement and protection plan prior to issuance of the final plat. 2. At the time of final platting, the development agreement will specify that roof drains and gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle. 3. That the applicant will contact with an archaeologist approved by the state to complete a study or excavation plan prior to any additional grading on the property. At the City Council's second hearing for the application on September 4t", 2018, the motion recommending approval of the application failed due to a 3-3 vote from the Council. Council members provided various reasons for approval and disapproval of the original application. Those in favor of approving the application cited the desire to have high quality homes in this area of town, and praised the application's incorporation of varied dwelling units and densities. Dissenting opinions included concerns about increased traffic and density to this neighborhood, and a general lack of social infrastructure in the development. The current iteration of the application includes a preliminary plat and sensitive areas development plan, in addition to the request to rezone the land. The current application has made a few notable changes. The second 36 dwelling -unit multi -family building, formerly located on Lot 1, has been removed from this application. The City of Iowa City is a co -applicant on the rezoning application for Lot 1 to be rezoned to Neighborhood Public (P-1). The current application has also removed all structures from the Lot 1 area to make way for a grading plan that will make the lot relatively flat and ready for future development. The City has entered into a purchase agreement with Bedrock L.L.0 to purchase Lot 1 from the developer, with the intention of building a future fire station for the city on the lot. The City anticipates obtaining possession of this lot on November 30, 2019. While the City plans on using this lot for a future fire station, actual construction of the station will likely be several years from now. The agreement is contingent upon the seller (Bedrock) satisfying several conditions, including subdividing and rezoning the property for use as a fire station. All public infrastructure, including streets, sanitary sewer, and water will be installed by the seller prior to City possession. The seller will also be responsible for performing all site grading and seeding, and the lot will be transferred to the City as greenspace. 3 Additional minor changes to this application include illustration of designated private open space with playground equipment and picnic tables highlighted on the plat. Some preliminary landscaping details have been shown on the plat as well. LAND BACKGROUND INFORMATION: This property was annexed into the city between 1960 and 1966. Since 1983 it has been zoned Intern Development — Multifamily (ID -RM). The applicant has requested that the property be rezoned to Planned Development Overlay/Low Density Single Family Residential (RS -5) for 5.80 acres and Planned Development Overlay/Low Density Multifamily Residential (RM -12) for 9.70 acres. As co -applicant, the City of Iowa City is requesting a rezone for 2.53 acres in the southwest portion of the subdivision to Planned Development Overlay/Neighborhood Public (P-1). The City intends to use this land to build a future Fire Station. A Planned Development Overlay zone is required due to the presence of multiple sensitive features such as removal of existing woodlands and proposed disturbance of protected slopes to accommodate stormwater management. More details on these features will be presented in the Sensitive Areas section of the staff report. The applicant conducted a second Good Neighbor Meeting on November 27th, 2018 to discuss these revisions to the plan. The meeting was attended by 15 neighbors who are adjacent to the proposed development. Some meeting attendees expressed similar concerns to concepts presented in the original application including, a lack of usable open space, general density concerns, and safety concerns with the pedestrian crossing at Gilbert St. Other meeting attendees were supportive of the project. In addition to presenting updates to the plan, the developer gave a general time frame for completing different phases of the development, emphasizing construction of the Cherry Avenue townhomes and Toby Circle single family homes before construction of the 36-plex multi -family building on Lot 2. ANALYSIS: Current Zoning: The purpose of the Interim Development Zone (ID) is to provide for areas of managed growth in which agricultural and other non -urban uses of land may continue until such time as the City is able to provide City services and urban development can occur. Upon provision of City services, the City or the property owner may initiate rezoning to zones consistent with the Comprehensive Plan, as amended. General Planned Development Approval Criteria: Applications for Planned Development Rezonings are reviewed for compliance with the following standards according to Article 14-3A of the Iowa City Zoning Ordinance. The density and design of the Planned Development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout. Density — RS -5: The applicant has requested that 5.80 acres located on the south and east side of the development be rezoned from ID to Low Density Single Family with a Planned Development Overlay for sensitive areas (OPD/RS-5). The Low Density Single -Family Residential Zone (RS - 5) is primarily intended to provide housing opportunities for individual households. The minimum lot size in the RS -5 zone is 8,000 square feet with a minimum lot width of 60 feet. The proposed lots range in size from 8,164 square feet to 17,242 square feet. All lots meet the minimum 60 - foot lot width. Staff finds the proposed OPD/RS-5 plan is compatible with the adjacent development to the east, and provides for a transition to the higher density multifamily n development proposed to the west. RM -12: The applicant is proposing Low Density Multifamily with a Planned Development Overlay for sensitive areas (OPD/RM-12) on 9.7 acres within the project's northern area. The purpose of the Low Density Multi -Family Residential Zone (RM -12) is to provide for the development of high density, single-family housing and low density, multi -family housing. This zone is intended to provide a diverse variety of housing options in neighborhoods throughout the City. Careful attention to site and building design is important to ensure that the various housing types in any one location are compatible with one another. The 17 dwelling units on Lot 3 would be placed on a 2.93 acre lot, resulting in a density of 5.8 units per acre. The 40 dwelling units on Lot 2 would be placed on a 6.05 -acre lot, resulting in a density of 6.6 units per acre. The collective average of these areas would result in 6.2 units per acre, well within the prescribed density range of 2-8 units per acre that is articulated in the comprehensive plan. Within the proposed OPD/RM-12 zone, the applicant is proposing one 36 -unit multifamily building to the east of Gilbert Street, with driveway access to the proposed extension of Cherry Avenue. An additional 21 townhouse -style multifamily dwellings are proposed to be located on Cherry Avenue. The proposed townhouse style dwellings provide a transition between the single-family neighborhood and the proposed apartment building adjacent to Gilbert Street. After removing street right-of-way, the overall density of the proposed RM -12 area is 6.2 units per acre. When combined with the RS -5 area the overall density of the proposed development is 6.1 units per acre and is within the 2-8 dwelling units per acre shown on the Comprehensive Plan for this area. As discussed below, the South District Plan element of the Comprehensive Plan encourages the clustering of development on this property. P-1: The proposed City fire station that would be located on Lot 1 would be placed on a 2.26 acre plot of land. Building design, dimension, and placement details for the station are unknown at this time. Fire Department officials indicated at the Good Neighbor meeting in November that department vehicles would primarily look to use S. Gilbert St. as a point of access to and from the station, though there might be occasions where use of Cherry Avenue would be necessary. Fire Department officials also noted that once the City was ready to proceed with the development of a fire station, additional community meetings would be held. Land uses proposed and general layout - The planned development process encourages a mix of housing types and allows the flexibility to locate those housing types in a manner that fits the site. The land uses proposed are single-family units, townhouse style multifamily buildings with 3 to 5 dwellings per building, and one 36 -unit multifamily building with a combination of surface level and lower level parking. The layout of the streets and buildings have been designed to provide a transition from the existing single-family homes in the Pepperwood Addition and the larger apartment building proposed near Gilbert Street. Woodlands and slopes provide a buffer between this and the adjacent properties to the north and south. Mass and Scale - The proposed single family lots are subject to the same RS -5 standards regarding setbacks, lot coverage, and building height as the existing lots in the Pepperwood Addition. The townhouse buildings include 3 design options with a variety of building materials and roof lines to prevent a monotonous streetscape. The larger multifamily building has been designed to generally comply with the multifamily design standards, including fagade articulation and variation of the roof line. The stone veneer and wood siding are intended to complement the natural environment. 5 Open space - Lots 2 and 3 will contain over 2 acres of protected open space. However, most of that area contains steep slopes and woodlands and will have limited use for active recreation. The applicant has shown a private open space area adjacent to the 36 -unit building on Lot 1 for residents' use. Staff recommends that the final plan provide details regarding the square footage of those areas, and any amenities, such as outdoor dining space and playground equipment. The developer has agreed to pay fees in lieu of providing accessible public open space. Traffic circulation - Cherry Avenue will provide street access for the property to Gilbert Street, an arterial street with sufficient capacity for the projected traffic. Based on the Institute of Traffic Engineers Trip Generation Handbook (91" Edition), the development (as proposed with 76 dwelling units) will generate between 500 and 550 vehicle trips per weekday. In 2014, Gilbert Street had an average daily traffic count of approximately 6,700 vehicles per day (Iowa DOT). Given that the capacity of a four -lane minor arterial street is more than 30,000 trips per day, the additional traffic generated by the development alone will not over -burden Gilbert Street. While some of the traffic generated may choose to use Sandusky Drive for access, it is anticipated that a majority of the traffic will access Cherry Avenue via Gilbert Street. Additionally, the connection of Cherry Avenue from Sandusky Drive to Gilbert Street will provide an alternative street access for the Pepperwood subdivisions and will improve access for emergency and service vehicles. As discussed below under #4. traffic calming features are being included on Cherry Avenue. Based on this information, and given the removal of the second 36-plex building from the original plan, staff finds the density and design of the Planned Development will be compatible with and complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout. 2. The development will not overburden existing streets and utilities. City sewer and water is available to this property. Capacity is adequate to accommodate development of these additional dwelling units. Onsite stormwater management is required. The applicant is proposing to build two stormwater basins in the ravine located along the north property line. Preliminary storm water calculations reviewed by the City Engineer indicate that the capacity of the proposed storm water basins are adequate to handle the projected run-off from the site. The ravine in which the stormwater facilities is proposed, contains protected slopes. Currently the ravine is subject to severe erosion. Construction of the stormwater facilities will be designed to correct current erosion and prevent future erosion. As noted below, the sensitive areas provisions of the zoning code allow essential utilities, including stormwater facilities, to be constructed within protected areas if they are designed to protect against erosion, pollution and habitat disturbance, and result in minimal amounts of excavation and filling. After installation of the facilities, the sensitive protected areas and associated buffers must be restored by the developer. Because part of the stormwater facilities will be located on the adjacent property to the north, an off-site easement will be necessary at time of final plat approval. Gilbert Street has capacity to serve the proposed development and Cherry Avenue will improve traffic connectivity for the area. Based on this information, it is staff's finds that the development will not overburden existing streets and utilities. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development. M While the proposed development will be a significant change to what has been appreciated for many years by surrounding neighbors as open space, staff finds that the proposed development is not a significant departure from what would be allowed for a conventional development with regard to views, light and air, property values, and privacy of neighboring properties. The proposed RS -5 lots (lots 4-16) will provide a transition from the existing single-family homes within the Pepperwood Addition to the townhouse style buildings and the larger apartment buildings to the west. The apartment building will be built down slope from the existing neighborhood and this should help lessen the visual effect of these larger buildings. The property to the south is the historic McCollister Farm, which contains a historic house and a recently constructed single-family dwelling. These two properties contain a significant amount of open space and woodlands that screen them from the proposed development. Because the McCollister Farm is a designated historic landmark, further development is not anticipated. Grading plans for Lot 1 will remove some trees from the southern property line. Staff has requested that the developer dedicate an additional landscape easement along the southwest boundary of Lot 1 to provide vegetation screening for neighbors to the south. A mixture of evergreen, oak, and white pine trees have been recommended by City Parks and Recreation staff as suitable replacement trees for the developer to plant in this area. The property to the north contains Friendly Farm, an organic agricultural use. The ravine on the north side of this property continues onto the Friendly Farm property. The portion of the ravine on this property contains protected slopes and will be within a conservation easement preventing further development. This will provide a wooded buffer between the proposed Cherry Creek Subdivision and the Friendly Farm property. Based on this information, staff finds the development will not adversely affect views, light and air, property values, and privacy of neighboring properties any more than would a conventional development 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City street standards will be in the public interest, in harmony with the purposes of this Title, and with other building regulations of the City. All planned developments must comply with all the applicable requirements and standards of the underlying zoning district and the subdivision regulations, unless specifically waived or modified through the planned development process. Variations to the dimensional requirements of the underlying base zone and subdivision regulations are allowed: • to facilitate the provision of desired neighborhood amenities or open space; • to preserve or protect natural, historic, or cultural features; • to achieve compatibility with surrounding development; or • to create a distinctive or innovative neighborhood environment for area residents. The initial application included a request for reduction of the standard collector street width of 31 feet down to 28 feet on Cherry Avenue. The applicant will request a waiver from this reduction in street width, as the current application shows streets designed with this width in mind. In its review of the previous application, staff recommended this reduction to provide traffic calming for Cherry Avenue, which will carry traffic from Sandusky Drive to Gilbert Street. Traffic circles are also proposed on Cherry Avenue in two locations where it will intersect with Toby Circle. The intent is to allow Cherry Avenue to provide neighborhood street connectivity, but to discourage its use as a cut through, and to calm speeds of vehicles using the street. Staff finds that the proposal to reduce the pavement width from 31 feet to 28 feet is reasonable given the goal of traffic calming for this street. 7 Pedestrian Facilities: Planned developments must include pedestrian facilities to ensure that residents and visitors have access to public streets and sidewalks, building entrances, parking areas, shared open spaces, natural areas, and other amenities. In addition, providing street trees and a variety of building facades that address the street with visible doors and windows make for a more comfortable environment along the street for pedestrians. Staff finds that the sidewalks, building designs, and street trees proposed will meet the standard described above. However, staff is also recommending that the applicant install a 5' wide sidewalk along the entire Gilbert Street frontage along the east side of S. Gilbert St. Staff is also requesting that the developer install curb ramps for an uncontrolled crosswalk across S. Gilbert St. The City will be responsible for striping and signage of this cross walk. This location has been reviewed by City traffic planning staff, and has been designated as a safe location for this cross walk. Public Open Space Requirement: Based on the 5.8 acres proposed for Low Density Single -Family Residential zone and the 9.7 acres proposed for Low Density Multifamily Residential zone, the applicant would be required to dedicate .80 acres of land or pay fees in lieu of land. Given the steep topography of this area, it is unlikely that there is land that is suitable for a public park. As stated before, the applicant has indicated that they will pay fees in lieu of providing the required amount of public open space. The fee will be equal to the fair market value of the land that otherwise would have been required for dedication. The fee must be paid in full by the developer prior to the issuance of the first building permit for any lot within the development. Private Shared Open Space: Large portions of lots 2 and 3 contain protected slopes and woodlands. A smaller area of woodland is contained on the north portion of lot 4. These areas are labeled as conservation easements. At the time of final plat approval, the applicant must submit a legally binding instrument setting forth the procedures and financing structure to be followed for maintaining the stormwater facilities and the surrounding conservation easement. The developer has indicated that a homeowner's association will be established to maintain the common areas. The details of this arrangement will need to be addressed in the legal papers submitted when the final planned development plan is submitted. As shown in the revised plat, the developer has identified 0.08 acres of private open space for neighborhood residents on Lots 2 and 3, to the west of the 36-plex multi -family housing building. This area will contain some open recreational space, along with playground equipment and a picnic table area with a pergola cover and grills. Compliance with Comprehensive Plan: The South District Plan encourages development of neighborhoods with a mix of housing types to allow for housing options. Although the predominant land use in the area will remain detached single-family housing, new neighborhoods should provide opportunities for townhouses, duplexes as well as multifamily buildings to serve residents throughout their lifetimes. The South District Plan contemplated locations where opportunities for higher density housing and clustered density should be allowed, noting: "West of the Pepperwood Subdivision, wooded slopes make traditional development impractical. In this area, the 2 to 8 dwelling units per acre envisioned on the land use map on page 53 could be clustered through an overlay planned development. Such development would rely on an extension of Cherry Street, which will provide improved connectivity and circulation for the single-family neighborhood to the east by allowing residents more direct street access to South Gilbert Street." The South District Plan indicates that property along the east side of Gilbert Street, south of the railroad, may be appropriate for town -home or other small lot or duplex development. Additional density may be considered for projects that add a unique housing element or that enhance housing diversity for the South District or that otherwise contribute to the connectivity of neighborhoods or enhance visibility and street access to public parks and other open space. The 0 extension of Cherry Avenue will provide an important east -west connection allowing neighbors more direct access to Gilbert Street and the parks and trails located to the west of Gilbert Street. Subdivision Design: The proposed subdivision will connect Cherry Avenue with the S. Gilbert St. A new street, Toby Circle, will be built with two points of access off of Cherry Avenue. Toby Circle will provide frontage for Lots 5-16, all of which are planned to be single-family homes. An additional single-family home will be built on Lot 4, along the eastern portion of the subdivision on Cherry Ave. Lots 19 and 20, fronting Cherry Avenue along the street's south side, will each contain a duplex. The north side of Cherry Avenue will contain multi -family housing consisting of one 3-plex building, two 4-plex buildings, and two 5-plex buildings. An alley that will provide driveway access to these multi -family buildings will connect with Cherry Avenue and intersect the two points of access from Toby Circle. A traffic calming circle will be placed in each intersection to slow down through traffic on Cherry Avenue. A 36-plex multi -family building will be located on Lot 2, at the northeast corner of Cherry Avenue and S. Gilbert St. This building will feature private open space for Cherry Creek residents, equipped with playground equipment, picnic tables, and an open field. Parking will be situated beneath the building and behind the building, screened from view on Cherry Avenue and S. Gilbert St. The southeast corner of Cherry Avenue and S. Gilbert St. will contain a future fire station for Iowa City. Cherry Avenue and Toby Circle will be equipped with sidewalks on both sides of the streets. A 5' sidewalk will be built along the east side of the property's western frontage along S. Gilbert St. The Gilbert Street corridor was reviewed in 2017 to identify improvements for traffic safety and to increase the bikeability and walkability of the area, while supporting the development visions articulated in the Riverfront Crossings and Downtown Master Plans. As part of the review, a 4 - lane to 3 -lane conversion was studied. This type of conversion would allow for a potential pedestrian refuge island and southbound left -turn lane on Gilbert Street near the Cherry Creek development, though this project has not yet been approved by the Iowa City, City Council. A mid -block uncontrolled pedestrian crossing on Gilbert Street near the Cherry Creek Development could include a painted crosswalk, pedestrian crossing signs and advance pedestrian crossing signs. This crossing is planned to be located across from the northern parking area for Napoleon Park. Sensitive Areas Review: The applicant has applied for approval of a Sensitive Areas Development, a type of planned development. The purpose of the Sensitive Areas Ordinance is to permit and define the reasonable use of properties that contain sensitive environmental features and natural resources, and allowing reasonable development while protecting these resources from damage. The following paragraphs describe the impact this development will have on the sensitive features of this site. Steep, Critical, and Protected Slopes - The purpose of regulating development on and near steep slopes is to: 1. Promote safety in the design and construction of developments; 2. Minimize flooding, landslides and mudslides; 3. Minimize soil instability, erosion and downstream siltation; and 4. Preserve the scenic character of hillside areas, particularly wooded hillsides. The applicant is proposing to grade protected slopes to allow installation of stormwater D management facilities and to grade areas that appear to be humanly altered protected slopes. Disturbance of protected slopes and or protected slope buffers trigger the requirement of this Level II Sensitive Areas Review with Planning and Zoning Commission review and City Council approval required. Development activity is not allowed on protected slopes or in the 50 -foot buffer required around protected slopes, unless the slopes were previously humanly altered. In addition, disturbance of altered protected slopes or a reduction of a protected slope buffer may only be approved if a geologist or professional engineer demonstrates to the satisfaction of the City that the proposed development activity can and will be designed to eliminate hazards and will not undermine the stability of the slope or the buffer area. The applicant has indicated that the protected slopes adjacent to Gilbert Street have been humanly altered and is requesting permission to encroach into protected slope and buffer areas. There is evidence that this assessment is correct. When Gilbert Street was reconstructed several years ago, it appears that grading was done for the street and to provide fill material. Staff from the City Engineer's office visited the property and based on the angle of the slope and the pattern of trees (younger volunteer trees being present on the previously disturbed areas) concurs with this assessment. The applicant is also proposing to remove trees and grade portions of protected slope and buffer areas located within the ravine on the north side of this property and on the adjacent property to allow for the installation of stormwater management facilities. As noted above under #2 the ravine is currently subject to severe erosion. Construction of the stormwater facilities will be designed to correct current erosion and prevent future erosion. The sensitive areas provisions of the zoning code allow essential utilities including stormwater facilities to be constructed within with protected areas, if they are designed to protect against erosion, pollution and habitat disturbance, and result in minimal amounts of excavation and filling. After installation of the facilities, the sensitive protected areas and associated buffers must be restored by the developer. Because part of the stormwater facilities will be located on the adjacent property to the north, an off-site easement will be necessary at time of final plat approval. Staff has recommended that healthy, mature trees be in or near the ravine be preserved and protected from construction activity to the extent possible. A tree protection plan should be submitted and approved at the time of the final OPD plan. Provided all conditions are satisfied to prevent erosion, ensure long term stability of the slopes, and the structural integrity of the proposed buildings, staff finds that the proposed encroachment into what appear to be previously altered slopes is reasonable. Woodlands: The property contains approximately 13.17 acres of woodland (8.68 acres in the area proposed for RM -12, 2.15 acres in the area proposed for RS -5, and 2.34 acres in the area proposed for P-1). The ordinance requires that if more than 50% of a woodland in an RS -5 zone is removed, replacement trees must be planted at a ratio of 1 tree per every 200 feet of woodland disturbance. For properties zoned RM -12, 20% of the woodlands must be retained or replacement trees must be planted. Not including areas that are located within the 50' woodland buffer, approximately 85% or 1.83 acres of woodlands in the area to be rezoned to RS -5 will be removed. The developer has agreed to meet the required replacement tree quota stated in the Woodland Retention Requirements section of the code and plant replacement trees at a rate of 1 tree for every 200 square feet of woodland removed from the 50% retention area. This will result in 234 replacement trees being planted in the RS -5 area. The area to be rezoned to RM -12 will see approximately 44% or 3.78 acres of woodland areas removed. Not counting areas within the 50' woodland buffer, the development will preserve 21% or 1.86 acres of existing woodlands. This proposed preservation figure meets the minimum retention area requirement for an RM -12 zone of 20%, therefore no replacement trees will need to be planted in this zone. There is no woodland retention area 10 requirement for a P-1 zone. The City Forester will review and approve the final version of the tree replacement plan prior to final plat approval. Archeological sites: The Sensitive Areas section of the zoning code considers the preservation archaeological sites as well as natural features. The applicant has already initiated some development activity on the site. Meanwhile, the Office of the State Archaeologist has indicated that four archaeological sites have been reported within 100 meters of the development site. Due to the potential density of known archaeological sites in the surrounding area, staff recommended during the initial application that as a condition of approval, the applicant hire an archaeologist approved by the state to complete a study or excavation plan approved by the State. Since the initial application, the applicant worked with Impact 7G (a firm approved by the state archaeologist) to conduct a supervised excavation of the site. The applicant has since received written correspondence from Impact 7G stating that no indications of human burials were observed during observed excavations, and that no additional archaeological work is recommended for the Cherry Creek subdivision. The state archaeologist has confirmed Impact 7G's findings as well. Sanitary Sewer Service: The proposed development is situated to the west of existing development, and has the capacity to connect to existing utilities. Proposed sanitary sewer lines and manholes are featured on the preliminary plat. One sanitary main will run along the northeast portion of the Cherry Avenue extension and turn south, running along the inner portion of Toby Circle. A separate main will continue to run along the north side of Cherry Ave. and along the east side of S. Gilbert St. The proposed sanitary sewer design has been reviewed by Public Works staff. Infrastructure Fees: The City requires developers to pay a $456.75 per acre fee for water service. The project site is not located in one of the City's sanitary sewer districts, and therefore, the City collects no sanitary sewer tap on fees. The developer will be responsible for costs associated with the water and sanitary sewer improvements needed to serve the project site. NEXT STEPS: Upon approval of the proposed rezoning, preliminary plat and sensitive areas development plan, the applicant will be required to submit a final plat for City Council's review and approval, and a final sensitive areas development plan (SADP) for review and approval by City staff. The final SADP will include the tree replacement and protection plan to be reviewed and approved by the City Forester. Because the application is proposing construction of more than 12 residential units, a major site plan review by City staff is required to verify consistency with the OPD and conditions of the rezoning. The site plan review stage will also ensure compliance with other zoning code requirements, such as landscaping, building elevations, exterior lighting, parking requirements, etc. STAFF RECOMMENDATION: Staff recommends approval of REZ18-00024/SUB18-00017, an application submitted by Bedrock LLC fora rezoning from ID -RM to OPD/RS-5, OPD/RM-12, and OPD/P-1 and a Preliminary Plat and Sensitive Areas Development Plan for Cherry Creek Subdivision, a 20 -lot, 18.03 -acre residential subdivision located east of Gilbert Street subject to the following conditions: 1. The development be built as proposed in the preliminary plat, with one 36-plex building located on Lot 2, 21 townhouse -style units built between Lots 2 and 3, and 15 detached single family and two attached single-family housing units be built on Lots 4 — 20. 2. The final plat include details regarding the square footage and description of amenities for designated private open space on Lot 2. 3. That the City Forester would review and approve the tree replacement and protection plan prior to issuance of the final plat. This plan shall cover both plans to plant replacement trees 11 throughout the development and plans to protect and preserve healthy and mature trees in or near the ravine from construction activity (to the greatest possible extent). 4. At the time of final platting, the development agreement will specify that roof drains and gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle. 5. Construction of a 5' sidewalk along the western frontage (east side of S. Gilbert St.) of the development prior to the issuance of a certificate of occupancy. 6. Installation of curb ramps at the area where City Transportation Planning staff has designated as appropriate to accommodate an uncontrolled crosswalk prior to issuance of a certificate of occupancy. 7. Dedication of a landscape easement, with proposed tree plantings to be approved by the City Forester, along the southern property boundary in Lot 1 at the time of final platting. ATTACHMENTS 1. Location Map 2. Preliminary Plat and Sensitive Areas Development Plan (Including most recent Landscape Plan) 3. Zoning Exhibit 4. Building Elevation Drawings Approved by: Danielle Sitzman, Coordinator, Development Services Department of Neighborhood and Development Services ppdad min\stfrep\docu ment2 PRELIMINARY PLAT AND SENSITIVE AREAS DEVELOPMENT PLAN CHERRY CREEK SUBDIVISION IOWA CITY, IOWA % /o TT, szi PRELIMINARY PLAT AND SENSIThE AREAS DEVELOPMENT PL4N Em SITE GRADING AND EROSION CONTROL PLAN AND SENSITIVE AREAS ,n CHERRY CREEK SUBDIVISION M IOWA CITY IOWA 111 S "vI' ILA1111' —01 SITE P� j, r �• sl^or„ CADING AND OSIONOA AN09ENBIiIFVEAREAS FX r: e.P_CHERRY CREEK corrcne�was�aur aaFa oe�a� '� . ",'', „,, - _' . �. � 's .'•, - _ � ,,.... 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INC. 11127/2018 MINUTES APPROVED PLANNING AND ZONING COMMISSION JANUARY 3, 2019 —7:00 PM —FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Carolyn Dyer, Mike Hensch, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: Phoebe Martin STAFF PRESENT: Ray Heitner, Sara Hektoen, Jesi Lile, Anne Russett OTHERS PRESENT: Jamie Thelan, Alex Carrillo, Kelcey Patrick -Ferree, John Yapp RECOMMENDATIONS TO CITY COUNCIL: By a vote of 6-0 (Martin absent) the Commission recommends approval of REZ18- 00024/SUB18-00017, an application submitted by Bedrock LLC for a rezoning from ID -RM to OPD/RS-5, OPD/RM-12, and OPD/P-1 and a Preliminary Plat and Sensitive Areas Development Plan for Cherry Creek Subdivision, a 20 -lot, 18.03 -acre residential subdivision located east of Gilbert Street subject to the following conditions: 1. The development be built as proposed in the preliminary plat, with one 36-plex building located on Lot 2, 21 townhouse -style units built between Lots 2 and 3, and 15 detached single family and two attached single-family housing units be built on Lots 4 — 20. The development substantially conform to the elevations provided for the 36-plex multifamily residential building and the townhouse style family multifamily buildings. 2. The final plat include details regarding the square footage and description of amenities for designated private open space on Lot 2. 3. That the City Forester would review and approve the tree replacement and protection plan prior to issuance of the final plat. This plan shall cover both plans to plant replacement trees throughout the development and plans to protect and preserve healthy and mature trees in or near the ravine from construction activity (to the greatest possible extent). 4. At the time of final platting, the development agreement will specify that roof drains and gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle. 5. Construction of a 5 foot wide sidewalk along the western frontage (east side of South Gilbert Street) of the development prior to the issuance of a certificate of occupancy. 6. Installation of curb ramps at the area where City Transportation Planning staff has designated as appropriate to accommodate an uncontrolled crosswalk prior to issuance of a certificate of occupancy. 7. Dedication of a landscape easement, with proposed tree plantings to be approved by the City Forester, along the southern property boundary in Lot 1 at the time of final platting. Planning and Zoning Commission January 3, 2019 Page 2 of 10 REZONING/DEVELOPMENT ITEM (REZ18-00024/SUB18-00017): Discussion of an application, submitted by Bedrock, LLC, for a rezoning ofapproximately 18.03 acres from Interim Development Multi -family Residential (ID -RM) zone to Planned Development Overlay/Low Density Single-family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multi -family Residential (OPD/RM-12) zone and Neighborhood Public (P-1) zone and a preliminary plat of Cherry Creek subdivision, a 20- lot, 18.03 acres subdivision located east of S. Gilbert Street and south of Waterfront Drive. Heitner presented the staff report and noted an earlier version of this application was first presented to the Planning and Zoning Commission in the spring, this is a second iteration of this application. The application is submitted by Bedrock, LLC with the intention of creating a 20 -lot residential subdivision with one lot being reserved for a future use of a City fire station. Heitner showed aerial views of the subject property, the property is currently privately held however the City does have a purchase agreement for Lot 1 of the subdivision with intent to construct a City fire station at a later date. Heitner showed an overview of the proposed zoning, Lot 1 would be P-1, the southeast area is proposed as OPD/RS-5, and the remainder of the area would be OPD/RM-12. Heitner stated at the meeting on the previous application, June 21, 2018, the Commission voted 6-1 to recommend the application to the City Council, with the following conditions: 1. That the City Forester would review and approve the tree replacement and protection plan prior to issuance of the final plat. 2. At the time of final platting, the development agreement will specify that roof drains and gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle. 3. That the applicant will contact with an archaeologist approved by the state to complete a study or excavation plan prior to any additional grading on the property. At the City Council's second hearing for the application on September 4th, 2018, the motion recommending approval of the application failed due to a 3-3 vote from the Council. Dissenting opinions included concerns about increased traffic and density to this neighborhood, and a general lack of social infrastructure in the development. The application now has been resubmitted with a few major changes and Staff is recommending the original conditions from the first submission still stand with this new application. The current iteration of the application includes a preliminary plat and sensitive areas development plan, in addition to the request to rezone the land. The current application has made a few notable changes. The second 36 dwelling -unit multi -family building, formerly located on Lot 1, has been removed from this application. The City of Iowa City is a co -applicant on the rezoning application for Lot 1 to be rezoned to Neighborhood Public (P-1). The current application has also removed all structures from the Lot 1 area to make way for a grading plan that will make the lot relatively flat and ready for future development. Heitner stated the in terms of compliance with the Comprehensive Plan, The South District Plan encourages development of neighborhoods with a mix of housing types to allow for housing options. The Plan indicates that property along the east side of Gilbert Street, south of the railroad, may be appropriate for town -home or other small lot or duplex development. Additional density may be considered for projects that add a unique housing element or that enhance housing diversity for the South District or that otherwise contribute to the connectivity of Planning and Zoning Commission January 3, 2019 Page 3 of 10 neighborhoods or enhance visibility and street access to public parks and other open space. It is believed the extension of Cherry Avenue will provide an important east -west connection allowing neighbors more direct access to Gilbert Street and the parks and trails located to the west of Gilbert Street. The Plan also identifies this area as appropriate for planned overlay development to protect the wooded slopes in the area, and the future land use map in the Comprehensive Plan identifies this area as appropriate for residential density at a rate of 2-8 dwelling units per acre. Heitner next showed an overview of the subdivision layout, the proposed subdivision will connect Cherry Avenue with the S. Gilbert St. A new street, Toby Circle, will be built with two points of access off of Cherry Avenue. The subdivision will transition from the single family housing that exists to east to gradually more dense multifamily, townhouse style along Cherry Avenue with the 36-plex multifamily building to the very west of the development. Staff has reviewed all width and frontage for all zones and all are compliant. Heitner noted that because this is a planned development zone there are specific criteria outlined in Article 14-3A of the Iowa City Zoning Ordinance. 1. Density and Design of the Planned Development will be compatible with and/or complementary to adjacent development in terms of land use, building mass and scale, relative amount of open space, traffic circulation and general layout. 2. The development will not overburden existing streets and utilities. 3. The development will not adversely affect views, light and air, property values and privacy of neighboring properties any more than would a conventional development. 4. The combination of land uses and building types and any variation from the underlying zoning requirements or from City street standards will be in the public interest, in harmony with the purposes of this Title, and with other building regulations of the City. With the issue of density, the Comprehensive Plan identifies this particular area as appropriate for residential density 2-8 dwelling units per acre, both in the proposed RS -5 and RS -12 this application is well within the 2-8 dwelling units per acre. With respect to land use, mass and scale, Heitner showed renderings of the proposed buildings to show scale, the single family homes, townhouses and the 36-plex. The design of the buildings conform to the City's design standards. Concerning private open space, the applicant has dedicated 0.08 acres of private open space to the west of the 36-plex building on Lot 2, the space will include some playground equipment and outdoor dining space. The applicant will pay fees -in -lieu for public open space, due to the steep slopes and woodlands it would be challenging to provide the public open space. Heitner next discussed the traffic circulation, the extension of Cherry Avenue will improve connectivity and a needed access point onto Gilbert Street. There was some concerns about increased traffic along Cherry Avenue, both the intersections with Toby Avenue and Cherry Circle will have traffic calming circles to help control traffic speeds, also street widths will be tapered down to about 28 feet in width to help reduce speeds in that area. Concerning streets and public utilities, Heitner stated Public Works Staff has confirmed existing water and sanitary sewer structure has sufficient capacity to accommodate this development, onsite stormwater management will be necessary for this development and two large detention basins located in the ravine along the north property boundary will be created. Concerning views, light and air, property values and privacy Staff does find the single family homes to the west of the Pepperwood Subdivision will provide a sensible transition from the singe family detached housing that exists there to gradually denser housing. The 36-plex Planning and Zoning Commission January 3, 2019 Page 4 of 10 building on Lot 2 will be built down-slope from the existing Pepperwood Subdivision. Staff is recommending as a condition of the rezoning the developer dedicate a 20 -foot wide landscaping easement along the southwest corner of Lot 1 to help screen the future fire station from the properties to the south. Regarding pedestrian facilities, Staff is recommending as a condition of the rezoning the developer put in a 5 -foot wide sidewalk along the development's entire western frontage (the east side of Gilbert Street). Staff is also recommending as a condition the developer install curb ramps at the area where the City intends to put a crosswalk across South Gilbert Street to connect to Napoleon Park. With respect to protected slopes, there will be stormwater detention facilities located within the ravine along the north boundary line of the property, the development will require some grading on protected slopes, however the stormwater detention basins will be designed to correct current erosion taking place in the ravine and prevent future erosion as well. Heitner noted the plan does call for removal of about 85% of the non -buffered woodlands in the RS -5 area, because of this the applicant is being required to plant 234 replacement trees in the area, and the applicant will meet the minimum woodland retention requirement in the RM -12 area of 20%. Heitner noted in the initial application it was discussed that the applicant pursue an archeological study of the site, the applicant has worked with a firm recommended by the State Archaeologist to conduct a supervised excavation of the site and that excavation and study determined there were no human burials observed and no additional archeology work was necessary for this development. Heitner showed the preliminary landscape plan for the subdivision. A second good neighbor meeting was held on the subdivision proposal on November 27, 2018, there were about 15 area residents at the meeting and attendees addressed mix degrees of support and opposition for the project. Some of the major areas of concern included general concern over neighborhood density, a lack of usable open space, and safety concerns for pedestrians using an uncontrolled crosswalk across South Gilbert Street. To this point Staff has not received any correspondence from neighbors. Next steps: Pending approval from this Commission it would go forth for City Council review and approval, at the time of final platting a sensitive areas development plan would be reviewed by City Staff as well as a major site plan review. Staff recommends approval of REZ18-00024/SUB18-00017, an application submitted by Bedrock LLC for a rezoning from ID -RM to OPD/RS-5, OPD/RM-12, and OPD/P-1 and a Preliminary Plat and Sensitive Areas Development Plan for Cherry Creek Subdivision, a 20 -lot, 18.03 -acre residential subdivision located east of Gilbert Street subject to the following conditions: 1. The development be built as proposed in the preliminary plat, with one 36-plex building located on Lot 2, 21 townhouse -style units built between Lots 2 and 3, and 15 detached single family and two attached single-family housing units be built on Lots 4 — 20. The development substantially conform to the elevations provided for the 36-plex multifamily residential building and the townhouse style family multifamily buildings. 2. The final plat include details regarding the square footage and description of amenities for designated private open space on Lot 2. 3. That the City Forester would review and approve the tree replacement and protection plan prior to issuance of the final plat. This plan shall cover both plans to plant replacement trees throughout the development and plans to protect and preserve healthy and mature trees in Planning and Zoning Commission January 3, 2019 Page 5 of 10 or near the ravine from construction activity (to the greatest possible extent). 4. At the time of final platting, the development agreement will specify that roof drains and gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle. 5. Construction of a 5 foot wide sidewalk along the western frontage (east side of South Gilbert Street) of the development prior to the issuance of a certificate of occupancy. 6. Installation of curb ramps at the area where City Transportation Planning staff has designated as appropriate to accommodate an uncontrolled crosswalk prior to issuance of a certificate of occupancy. 7. Dedication of a landscape easement, with proposed tree plantings to be approved by the City Forester, along the southern property boundary in Lot 1 at the time of final platting. Hensch recalled when the Commission approved the last rezoning on this area that conditions 5 and 6 were discussed at length and happy to see those included again in the conditions. Signs asked if Cherry Street will allow for street parking in front of the townhouses. Russett said Staff would have to look into that and report back but thinks at least one side would allow street parking. Signs noted if not allowed, then there isn't really any guest parking for the townhouses. Hektoen noted that in the first condition it is recommended the development being built as in the preliminary plat but the pedestrian facilities mention building designs, visible doors and windows and a variety of materials, is that by operation of Code or should that be added as a condition. Does the Code require those design elements and should they be added to the condition of rezoning. Right now there is nothing tying the developer to the proposed elevations so if needs to be added this is the time. Russett said the first condition was clarified to state the condition is related to the proposed plans in terms of the design of the layout of the lots but also tie it to the elevations to the townhomes and multifamily building. Parsons asked where the current nearest fire station is located. Hensch said likely Fire Station 1 downtown or the one by Sycamore Mall. Baker noted this failed at the Council level last time and one of the concerns was a lack of social infrastructure, what was the particular concern. Heitner said there were walkability concerns and lack of communal gathering spaces and front porches. Baker asked when the proposal of a fire station become a factor in this application. Russett noted it was not part of the original application last spring nor what went before Council in September. Baker asked if Council approved that location for a fire station prior to this current application coming before Planning & Zoning. Hektoen replied that Council has approved a purchase agreement for that plot of land for a future proposed fire station. The purchase agreement is contingent on the approval of the rezoning and re -platting of this land. Baker noted the current application has removed all structures from Lot 1 to make way for a grading plan that will make the lot relatively flat and ready for future development, and if that lot was to be made relatively flat for future private development, would there be any environmental issues raised, or is the fact the City is going to use that land remove any environmental concerns. Heitner said any environmental review would be the same regardless of if it is a public or private use. Baker questioned the 234 replacement trees and if they were mandatory to be in that one area, the RS -5 zone. Heitner confirmed that was correct, it is part of the Zoning Code that there be a minimum woodland retention requirement that must be met. The RS -5 zone is 50% and since the proposal is to remove 85% of the trees, the developer must replace them. Baker asked when those trees would have to be planted. Heitner said it will take some time for the trees to Planning and Zoning Commission January 3, 2019 Page 6 of 10 grow, but they will be planted at the time of development of the houses. Baker asked if there was any discussion to allow the developer to use that number of trees to be place anywhere on the entire development. Russett said that could be considered as part of the landscaping plan, the current landscaping plan shows where they plan to plant all 234 trees and has been reviewed by the City Forester and can be placed throughout the development. Baker asked about the private shared open space on page 7 of the Staff Report "As shown in the revised plat, the developer has identified 0.08 acres of private open space" and he noted that seems like a very small space and wanted to know what the square footage of 0.08 acres is. Parson replied it is 3850 square feet. Heitner noted that is also from the City Code and is formula based on number of units in the zone, which is the minimum required. Baker asked if the Commission is able to require more. Hektoen said the Commission can impose conditions to satisfy public needs that are being directly created by the rezoning. One would have to articulate a public need to require more private open space. Signs noted there is a whole lot of sloped land outside of the area where the structures will be that is open space. Hensch opened the public hearing. Alex Carrillo (373 Windmill Place) is the project coordinator for Bedrock, LLC. He first thanked City Staff, Heitner and Russett, for working with them on this application. He touched on some of the highlights, he noted the 36-plex on the south side of the original application was a point of contention with City Councilors and some of the neighbors, so it seemed like the best place to make a change. It was good to work with the City and identify a need for a future fire station here. Removing that 36-plex from the plans is a significant reduction in the density of the development. With regards to the open space, the 0.08 acre space is the space where they felt they could add some amenities for the condominium building, but there will remain a couple acres along the north side of the property that will be woodland forever, it is not usable space because of the ravine and slope but it will be nice for the homes to overlook woodlands. Additionally Napoleon Park is across the street for lots of open space, a safe identified crosswalk is being constructed, which was again a concern from the first proposal. Carrillo next discussed the scale of the 36-plex and they feel it is very appropriate sized building for this area due to the fact of the slope of the land and will be an effective transition from Gilbert Street to the residential neighborhood and Pepperwood Subdivision. Lastly he touched on some of the materials they plan to use on the buildings plus the concept for a play structure by the 36-plex. They will use a Rosetta stone for the retaining wall along the north side. Dyer asked if there was any doorway from the back of the 36-plex building, Carrillo said there was, so they can get right out to the open space. Baker asked the number of bedrooms per unit in the 36-plex, Carrillo said there would be both one -bedroom and two-bedroom units. Baker asked if there was an estimated time of completion. Carrillo said they would like to start in the spring, first putting in the street and infrastructure, then onto the single family homes and townhomes, it would likely be a couple years before the 36- plex was built. Baker thanked Carrillo for his patience and willingness to work with the City and neighbors on reconfiguring this project. Kelcey Patrick -Ferree (652 Sandusky Drive) came forth to oppose this rezoning effort, her husband spoke at the last meeting in opposition as well. She noted she is sad to be here Planning and Zoning Commission January 3, 2019 Page 7 of 10 opposing this, the developers have been very nice, but she lives in this neighborhood and they don't. She thought they would see substantial changes to the proposal after it was rejected by the City Council, and adding the fire station does not meet the substantial changes she was expecting to see. She does appreciate they held a second good neighbor meeting, it was a good discussion but still no changes after the discussions. Patrick -Ferree said she does not feel the City Council's objections were addressed nor were the neighborhood's objections addressed, it is inconsistent with the Comprehensive Plan and her neighborhood is getting negative attention due to all the concentration of services in one small area. She doesn't feel the pedestrian crossing at Gilbert Street is adequate, it goes north on Gilbert Street when all the things people will want to get to will be south on Gilbert Street, the park, the animal shelter and overall the protected crossing is in the wrong location. She also doesn't feel there is enough open space for the 36 unit apartment building. She heard the earlier discussion on that and how the Commission may not be able to do anything about that and she thinks there is an overall lack of infrastructure in the area. She was at the City Council meeting and sidewalks were addressed, crosswalks were addressed and open space was addressed and the changes made to this proposal do not address any of those objections or concerns. One of the big impacts the neighborhood was concerned about was the impact on the schools, the schools in this area are all very high FRL (Free or Reduced Lunch), the School Board just recently redistricted to try to address some of that and took her children's school from just over 70% FRL to just under 70% FRL. Adding more low-income housing to this area will cause more problems. 36 unit apartment buildings are low-income housing whether the developer intends them to be or not. The developer is saying it will be condos but Patrick -Ferree is concerned the condos will be purchased and rented out like apartments just like in other complexes. Low-income housing, the average renter wage in Johnson County is $9.25 per hour and the mean renter household income is $28,115. A family with two or more children quality for Free or Reduce Lunch at that income level. It appears this development will be about 70% renter housing, the townhouse and apartments will likely be rental housing, and she is concerned about the high potential of rental housing in this area. Another concern she has about the Gilbert Street crossing is the University of Iowa has been doing studies about the capability of children under the age of 14 to judge traffic and an unprotected intersection is not going to adequately protect children who are going to try to cross Gilbert Street. Her three-year old loves to go to Napoleon Park and the animal shelter and she is concerned as he gets older and his ability to judge traffic to cross an unprotected intersection. She is also skeptical of the claim that Sandusky Drive is not going to see increased traffic, there have been traffic studies and she invites the Commission to postpone their decision on this to look at those traffic studies. Patrick -Ferree said she believes this proposal is inconsistent with the Comprehensive Plan, she read the Staff report and it quotes a portion of the Comprehensive Plan that talks about having multifamily housing in this area, but the specific multifamily housing the Comprehensive Plan calls for in this area is a small apartment building of 3-10 units, not a 36 unit apartment building. She is frustrated the City is ignoring its own inclusionary zoning efforts anytime a developer brings forth a proposal. As far as the negative publicity goes, the Press -Citizen recently printed an article called "Cluster of Social Services Providers call South East Iowa City Home". She drives by all these providers every day, just as she drives by this proposed development site every day. She noted she does have to go all the way around and the Cheery Creek extension will only save her about 4 minutes, so not very much. She is concerned about adding a fire station to this area and adding even more services to a part of town already getting negative publicity. On Nextdoor.com the comments about the nearby HyVee is disgusting. Therefore, for all of these reasons she very strongly encourages the Commission to vote against recommending the rezoning of this project to the City Council. Planning and Zoning Commission January 3, 2019 Page 8 of 10 Hensch closed the public hearing. Hektoen noted they have seen two different sets of elevations (July and November) and need to make sure which set of elevation drawings that should be used and are referred to in condition number 1. Russett said it is the elevations included in the Staff report, the updated ones from November. Signs moved approval of REZ18-00024/SUB18-00017, an application submitted by Bedrock LLC for a rezoning from ID -RM to OPD/RS-5, OPD/RM-12, and OPD/P-1 and a Preliminary Plat and Sensitive Areas Development Plan for Cherry Creek Subdivision, a 20 -lot, 18.03 -acre residential subdivision located east of Gilbert Street subject to the following conditions: 1. The development be built as proposed in the preliminary plat, with one 36-plex building located on Lot 2, 21 townhouse -style units built between Lots 2 and 3, and 15 detached single family and two attached single-family housing units be built on Lots 4 — 20. The development substantially conform to the elevations provided for the 36-plex multifamily residential building and the townhouse style family multifamily buildings. 2. The final plat include details regarding the square footage and description of amenities for designated private open space on Lot 2. 3. That the City Forester would review and approve the tree replacement and protection plan prior to issuance of the final plat. This plan shall cover both plans to plant replacement trees throughout the development and plans to protect and preserve healthy and mature trees in or near the ravine from construction activity (to the greatest possible extent). 4. At the time of final platting, the development agreement will specify that roof drains and gutters for Lots 5-16 will be required to drain towards the storm sewer drains on Toby Circle. 5. Construction of a 5 foot wide sidewalk along the western frontage (east side of South Gilbert Street) of the development prior to the issuance of a certificate of occupancy. 6. Installation of curb ramps at the area where City Transportation Planning staff has designated as appropriate to accommodate an uncontrolled crosswalk prior to issuance of a certificate of occupancy. 7. Dedication of a landscape easement, with proposed tree plantings to be approved by the City Forester, along the southern property boundary in Lot 1 at the time of final platting. Parsons seconded the motion. Baker asked for clarification on the Comprehensive Plan language and multifamily being in the 3- 10 unit range. Heitner said the Comprehensive Plan states a desire in this area to provide a variety of housing types and a variety of density types and that was one of the main drivers for Staff's initial approval of this proposal. There is a variety of housing types in this development as well as a variety of density. Baker asked where the figure 3-10 shows up in the Comprehensive Plan. Russett added the Comprehensive Plan also identifies a proposed density for this area. She noted the Comprehensive Plan is a vision to guide development and the City uses their zoning as a way to implement that vision and Staff feels the proposed development is consistent with Comprehensive Plan due to proposed density which is in line with the Comprehensive Plan as well as mix of housing types. Baker agrees the density of the project seems appropriate, he Planning and Zoning Commission January 3, 2019 Page 9 of 10 is just confused about a specific figure being cited versus a more general goal being cited. Russett said staff could look into the Plan to see if it specifically states 3-10 units, but noted the Plan is not a regulatory document, it is a vision. Hektoen added this is a planned development so it means concentrating density in one place so you can preserve an another area. Baker acknowledged there has been a reduction with the elimination of the second 36-plex and he also thinks a fires station in this area is a good thing. Signs recalled at the first proposal of this the main concerns were density and view with relationship to the property to the south, he feels the revised plan does a tremendous job of addressing both those issues and he does get concerned when people bash low-income housing and there is nothing in here that says this will be low-income, he is also concerned when there are expectations of things staying the same. In the Pepperwood Subdivision area there are five street stubs indicating those stubs will someday go through to an additional development. All the plans (City, Comprehensive, District) reflect putting more development in this area. Signs noted he was not against the first plan, but he feels this revised plan is even better in addressing a lot of the concerns. With regards to the concerns of the schools, that should not be a concern that drives their policy it is an issue the schools need to address. Parson agreed, the main issue from the previous application was the 36-plex on Lot 1 and now that is gone so it has alleviated any concerns he had. Baker is still uncomfortable with the crosswalk, he cannot think of a better location for it. Signs feels they could do one where Cherry meets Gilbert just as easily as the one proposed 500 feet north. Russett said Public Works and Transportation Staff looked at this and while that would be an ideal location there is a significant drop off on the western side of Gilbert Street that cannot been seen on the aerial. Hensch believes this is a much improved proposal, the density issue has certainly been resolved by the removal of the other 36-plex, the fire station will be a neighborhood good, rather than negative, and as a resident of Pepper Drive since 1993 he understands the neighborhood really well and notes because of the concentration of group homes and social services it is in some regards a negative but in some regards a positive. A vote was taken and the motion carried 6-0 (Martin absent) PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018 -2019 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 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 12/20 1/3 BAKER, LARRY -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X O/E X X DYER, CAROLYN O/E X O/E X X X X X O/E X O O/E O X X X FREERKS,ANN X X X X X O/E X X X ---- -- -- -- -- -- -- -- -- -- -- -- -- HENSCH, MIKE O/E X X X X X X X X X X X X X X X MARTIN, PHOEBE X X X X X X X X X X X X X X X O/E PARSONS, MAX X X X X X X X X X X X O/E X X 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 O/E -- -- TOWNSEND, BILLIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X X X O/E X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member IO L' Prepared by: Ray Heitner, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5238 (REZ18-00024) Ordinance No. An ordinance conditionally rezoning approximately 18.03 acres of property located east of South Gilbert Street and west of Sandusky Drive, from Interim Development Multifamily Residential (ID -RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone, and Planned Development Overlay/Neighborhood Public (OPD/P-1) zone. (REZ18-00024) Whereas, the applicants, Bedrock LLC and the City of Iowa City, have requested a rezoning of property located east of South Gilbert Street and West of Sandusky Drive from Interim Development Multifamily Residential (ID -RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone, and Planned Development Overlay/Neighborhood Public (OPD/P-1) zone; and Whereas, the applicants have also applied for approval of a preliminary sensitive areas development plan for the property described herein; and Whereas, in accordance with Iowa City Code Section 14-8D-7, approval of this planned development overlay rezoning constitutes approval of the submitted preliminary sensitive areas development plan; and Whereas, the Comprehensive Plan encourages development of neighborhoods with a mix of housing types to allow for housing options and indicates the area where the current property is located, west of the Pepperwood Subdivision, as suited for clustered units through an overlay planned development; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding substantial compliance with the preliminary plat, provision of additional details regarding private open space amenities, tree replacement and protection, roof drain and gutter orientation, and installation of a new sidewalk along the east side of S. Gilbert St., installation of curb ramps at a proposed future crosswalk on S. Gilbert St., and the installation of additional landscaping adjacent to property abutting the proposed fire station location; the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city, and acknowledges the need for approval of a final sensitive areas development plan in accordance with Iowa City Code Section 14 -8D -7D. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Ordinance No. Page 2 Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation to: a. Planned Development Overlay/Single-Family Residential (OPD/RS-5) zone: THAT PORTION OF AUDITOR'S PARCEL 2015101 IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY'S RECORDER'S OFFICE AS FOLLOWS: BEGINNING at the Southeast Corner of the Auditor's Parcel 2015101, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorder's office; Thence S89'11'58"W, along the South line of said Auditor's Parcel, 520.60 feet; Thence N36'38'18"W, 173.52 feet; Thence N23'51'00"W, 125.81 feet; Thence N00'03'58"W, 74.90 feet; Thence Northeasterly 197.34 feet along a 500.00 foot radius curve, concave Northeasterly, whose 196.06 foot chord bears N78'37'37"E; Thence Northeasterly 329.97 feet along a 504.22 foot radius curve, concave Southeasterly, whose 324.12 foot chord bears N86'04'05"E; Thence Southeasterly 27.76 feet along a 475.00 foot radius curve, concave Northeasterly, whose 27.75 foot chord bears S76'51'30"E; Thence N1 1'28'04"E, 33.00 feet; Thence N07'29'36"E, 135.02 feet; Thence S87'38'02"E, 96.19 feet to the Northeast Corner of Auditor's Parcel 2015101; Thence S01'17'48"E, along the East line of said Auditor's Parcel, 538.89 feet to the POINT OF BEGINNING. Said Rezoning Parcel contains 5.80 Acres, and is subject to easements and restrictions of record. b. Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone: THAT PORTION OF AUDITOR'S PARCEL 2015101 IOWA CITY, IA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY'S RECORDER'S OFFICE AND A PORTION OF THE AUDITOR'S PARCEL, 2015102, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE AS DESCRIBED AS: BEGINNING at the Northwest Corner of the Auditor's Parcel 2015102, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorders office; Thence Northeasterly, along the North line, 21.83 feet along a 1959.38 foot radius curve, concave Northwesterly, whose 21.83 foot chord bears N34'27'47"E to the Northern most point of said Auditor's Parcel; Thence S70'22'05"E, along the North line of said Auditor's Parcel, 110.06 feet; Thence S54'46'53"E, along said North line, 62.12 feet; Thence S39'30'08"E, along said North line, 246.13 feet; Thence N80'01'51"E, along said North line, 39.16 feet; Thence S86'34'51"E, 183.05 feet to the Northwest Comer of Auditor's Parcel 2015101, in accordance with the plat thereof recorded in Plat Book 60, at Page 106, in the Records of the Johnson County Recorder's Office; Thence S73'50'49"E, along the North line of said Auditor's Parcel, 341.55 feet; Thence S84'28'33"E, along said North line, 242.30 feet; Thence S81'39'26"E, along said North line, 98.13 feet; Thence S83'13'07"E, along said North line, 137.34 feet to the Northeast Corner of Said Auditor's Parcel 2015101; Thence N87'38'02"W, 96.19 feet; Thence S07'29'36"W, 135.02 feet; Thence S11'28'04"W, 33.00 feet; Thence Northwesterly 27.76 feet along a 475.00 foot radius curve, concave Northeasterly, whose 27.75 foot chord bears N76'51'30"W; Thence Southwesterly 329.97 feet along a 504.22 foot radius curve, concave Southeasterly, whose 324.12 foot chord bears S86'04'05"W; Thence Southwesterly 227.37 feet along a 500.00 foot Ordinance No. Page 3 radius curve, concave Northwesterly, whose 225.42 foot chord bears S80'20'52"W; Thence Southwesterly 255.11 feet along a 500.00 foot radius curve, concave Southeasterly, whose 252.35 foot chord bears S78'45'29"W; Thence S64'08'29"W, 78.46 feet to a point on the West Line of Auditor's Parcel 2015102; Thence Northwesterly, along the West line of said Auditors Parcel, 862.45 feet along a 5066.16 foot radius curve, concave Northeasterly, whose 861.41 foot chord bears N20'56'15"W, to the POINT OF BEGINNING. Said Rezoning Parcel contains 9.70 Acres, and is subject to easements and restrictions of record. and c. to Planned Development Overlay/Neighborhood Public (OPD/P-1) zone: THAT PORTION OF AUDITOR'S PARCEL 2015101 IOWA CITY, IA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY'S RECORDER'S OFFICE AND A PORTION OF THE AUDITOR'S PARCEL, 2015102, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE AS DESCRIBED AS BEGINNING at the Southeast Comer of Auditor's Parcel 2015102, in accordance with the Plat thereof recorded in Plat Book 60, at Page 106, in the records of the Johnson County Recorders office; Thence Northwesterly, along the West line of the Auditors Parcel, 288.51 feet along a 5066.16 foot radius curve, concave Northeasterly, whose 288.47 foot chord bears N27'26'46"W; Thence N64'08'29"E, 78.46 feet; Thence Northeasterly 255.11 feet along a 500.00 foot radius curve, concave Southeasterly, whose 252.35 foot curve bears N78'45'29"E, 74.90 feet; Thence S23'51'00"E, 125.81 feet; Thence S36'38'18"E, 173.52 feet to a point on the South line of Said Auditor's Parcel 2015101; Thence S89'1 1'58"W, along the said South line, 123.08 feet; Thence S88'13'48"W, along the said South line, 161.59 feet to the Southeast Corner of Auditor's Parcel 2015102; Thence S88'13'48"W, along the South line of said Auditors Parcel 2015102, a distance of 85.14 feet to the POINT OF BEGINNING. Said Rezoning Parcel contains 2.53 Acres, and is subject to easements and restrictions of record. Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. Page 4 Passed and approved this day of 20_ Jim Throgmorton, Mayor Attest: Kellie K. Fruehling, City Clerk S!� City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 02/05/2019 Vote for passage: AYES: Taylor, Teague, Thomas, Throgmorton, Cole, Salih. NAYS: None. ABSENT: Mims. Second Consideration _ Vote for passage: Date published that the Prepared by: Ray Hehner, Associate Planner, 410 E. Washington, Iowa City, IA 52240 (319) 356-5238 (REZ78- 00024) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Bedrock, LLC (hereinafter "Owner"): Whereas, Owner is the legal title holder of approximately 18.03 acres of property located on South Gilbert Street west of Sandusky Drive; and Whereas, the Owner has requested the rezoning of said property from Interim Development Multifamily Residential (ID -RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/RS-5) zone on approximately 5.80 acres, Planned Development Overlay/Low Density Multifamily Residential (OPD/RM-12) zone on approximately 9.70 acres, and Planned Development Overlay/Neighborhood Public (OPD/P-1) zone on approximately 2.53 acres; and Whereas, the conditions established in this agreement address several public needs, including the provision of a variety of housing types, the inclusion of functional private open space, preservation and protection of sensitive environmental features, the mitigation of stormwater runoff onto adjacent properties, improving overall access by incorporating the installation of new sidewalks and crosswalk infrastructure; and the -provision of significant landscaping and environmental buffers where needed to mitigate the transition between new and existing uses; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, to satisfy public needs caused by the requested change; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding substantial compliance with the preliminary plat, provision of additional details regarding private open space amenities, tree replacement and protection, roof drain and gutter orientation, and installation of a new sidewalk along the east side of S. Gilbert St., installation of curb ramps at a proposed future crosswalk on S. Gilbert St., and the.installation of additional landscaping adjacent to property abutting the proposed fire station location; the requested zoning is consistent with the Comprehensive Plan; and Whereas, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for protection of sensitive natural features, managing stormwater, and accommodating multiple modes of transportation; and Whereas, the Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement, and acknowledges the need for approval of a final sensitive areas development plan in accordance with Iowa City Code Section 14 -8D -7D. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Bedrock, LLC. is the legal title holder of the property legally described as follows Rn -18-00024u .dm AUDITOR'S PARCEL 2015101 IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY'S RECORDER'S OFFICE AND AUDITOR'S PARCEL, 2015102, IOWA CITY, IOWA IN ACCORDANCE WITH THE PLAT RECORDED IN PLAT BOOK 60, AT PAGE 106, IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Prior to issuance of a building permit, Owner shall obtain approval of a final plat in substantial conformance with the approved preliminary plat and preliminary sensitive areas development plan. The development shall substantially conform with the attached elevations for the multifamily residential building and the townhouse -style multifamily buildings. The final plat shall include details regarding the square footage and description of amenities for designated private open space on the multi -family lot. Owner shall execute a subdivider's agreement with the City that requires: i. Owner to design and obtain approval from the City Forester of a tree replacement and protection plan, detailing replacement trees throughout the development and plans to protect and preserve healthy and mature trees in or near the ravine from construction activity to the greatest possible extent; ii. roof drains for the single-family homes shall only drain toward the storm sewer drains on Toby Circle; iii. construction of a 5' sidewalk along the western frontage of South Gilbert Street, which shall include a curb ramp in a location designated by the Director of the Neighborhood and Development Services, or designee; and iv. dedication of a landscape easement along the southern property boundary in Lot 1, as designated on the preliminary plat. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. Re 48.00024c .d= The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. S. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of City of Iowa City Jim Throgmorton, Mayor Attest: Kellie K. Fruehling, City Clerk Approved by a��ZG6-)- /- City Attorney's Office City Of Iowa City Acknowledgement: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 20_ Bedrock, ra �, Ll.,6-- This instrument was acknowledged before me on , 20_ by Jim Throgmorton (put in name of current Mayor) and Kellie K. Fruehling (put in name of current City Clerk) as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Raza MG024v .dm 3 Title (and Rank) Bedrock LLC. Acknowledgment: State of - -o-w OL - County of Tnl�nSnr, This record was acknowledged before me on oZ-14-1 Ll (Date) by Ae7dYt A) �,LI&A(Name(s) of individual(s)) as iPs�dP� -f (type of authority, such as officer or trustee) of Bedrock, L.L.C.. „ n in and for We State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: a -18-oo024oa.doo Item Number: 10.b. + r tui�1r.� • yyrrmr�� CITY Ok 10WA CITY www.icgov.org February 5, 2019 Ordinance conditionally rezoning approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1, from Interim Development -Research Park (ID -RP) to Highway Commercial (CH -1). (REZ 18-00022) ATTACHMENTS: Description PZ Staff Report PZ Minutes Ordinance Conditional Zoning Agreement To: Planning and Zoning Commission Item: REZ18-00022 GENERAL INFORMATION: STAFF REPORT Prepared by: Anne Russett, Senior Planner Date: January 3, 2019 Applicant: Allen Development c/o Jesse Allen P.O. Box 3474 Iowa City, Iowa 52244 319/ 530-8238 allenhomesinc@gmail.com Property Owner: Sladek Land #2 LLC c/o Jim Sladek 4670 Taft Avenue SE Iowa City, Iowa 52240 319/ 330-3380 Jim.sladek@jcsFamilyFarms.com Contact: Jesse Allen or John Yapp P.O. Box 3474 Iowa City, Iowa 52244 319/ 530-8238 or 319/ 325-1228 John.yapp.allenhomes@gmaiI.com Requested Action: Purpose: Location: Location Map: Rezoning from Interim Development -Research Park (ID -RP) to Highway Commercial (CH -1) To allow commercial development Northwest corner of Moss Ridge Road and Highway 1 Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: District Plan: Neighborhood Open Space District: Public Meeting Notification: File Date: 45 Day Limitation Period: BACKGROUND INFORMATION: 3.2 acres Undeveloped, Interim Development -Research Park (ID -RP) North: Interim Development -Research Park (ID - RP) and County Agricultural (A) South: Highway Commercial (CH -1) East: Interim Development -Research Park (ID - RP) West: Interim Development -Research Park (ID - RP) and Research Development Park (RDP) Office Research Development Centers N/A N/A Property owners located within 300' of the proposed rezoning received notification of the Planning and Zoning Commission public meeting November 15, 2018 December 31, 2018 (The applicant deferred this application to the January 3, 2019 meeting) The applicant, Allen Development, has requested a rezoning from the Interim Development -Research Park Zone (ID -RP) to the Highway Commercial Zone (CH -1). The total project site, approximately 3.2 acres, is located at the northwest corner of Moss Ridge Road and Highway 1. The applicant has decided not to use the Good Neighbor Policy. ANALYSIS: Current Zoning: The property is currently zoned Interim Development -Research Park (ID - RP). The ID -RP zone district applies to undeveloped properties without access to City services and allows for nonurban uses of land, such as crop -related agricultural uses. Based on conservations with Public Works staff, water service is available to the site. There is not existing sanitary sewer adjacent to the site, but there is a public lift station located about 300 feet south of the property. The lift station was not designed to include the subject property; however, it has remaining capacity. Staff will need projected design 3 flows at the platting stage, but staff has no concerns with future development on this site utilizing the lift station. Proposed Zoning: The applicant has proposed rezoning approximately 3.2 acres to Commercial Highway (CH -1) Zone. The intent of the CH -1 zone is to allow the development of commercial uses along or near expressways and arterials. The CH -1 allows a variety of commercial uses, including office uses, eating and drinking establishments, hotels, convenience stores, and quick vehicle servicing uses, such as car washes. In terms of development standards, the CH -1 zone has no maximum or minimum height limits, but does limit the floor to area ratio (FAR) to 1.0. FAR is calculated by dividing the floor area of a building(s) on a lot by the area of the lot. Compliance with Comprehensive Plan: The Future Land Use Map of the Comprehensive Plan identifies this area as Office Research Development Center. This area is located within the North Corridor Planning District; however, this district plan has not yet been developed. The background section of the Comprehensive Plan provides an overview of the area surrounding the subject property. The area is envisioned for office park uses based on its close proximity to Interstate 80. Currently, the area is home to a number of the City's major employers, including numerous medical and professional firms located in Northgate Corporate Park, as well as ACT and Pearsons, which are education -based research and service firms that employ thousands of people. The proposed rezoning is consistent with this vision in that it would provide commercial support services in close proximity to major employers. Compatibility with Neighborhood: The proposed zoning is compatible with the surrounding neighborhood. Directly to the south of the property is an existing commercial development that includes a gas station and convenience store. Further south is Pearsons. To the east, across Highway 1, are more commercial and office uses, including the Northgate Corporate Park. Environmentally Sensitive Areas: According to FEMA data, this area is located in the 100 - year and 500 -year floodplain; however, in 2015 the property owner obtained permits from the City to fill in the site and raise it above the 500 -year floodplain. The applicant will need to confirm the existing elevation is above the 500 -year floodplain at the site plan review stage. If the existing elevation remains located in the floodplain, staff will require compliance with the City's floodplain management standards during the review of the site plan. In addition, the site is located near Rapid Creek and a floodway; however, the project site is located outside of the floodway. Traffic Implications, Access, and Street Design: The site can be accessed via Moss Ridge Road. Staff proposes that as a condition of the rezoning that the applicant close the access from Highway 1. Access to the site would only be allowed via Moss Ridge Road. The area is served by the North Dodge bus route. The closest stop is less than'/4 mile P5 -minute walk) from the project site. The stop is accessible via the existing wide sidewalk on the west side of Highway 1. There are no bicycle facilities and none proposed per the City's Bicycle Master Plan. The subdivision ordinance requires sidewalks on both IR sides of public and private streets, so additional sidewalks along Moss Ridge Road and Highway 1 will be required at the time of platting. Staff proposes that as a condition of the rezoning the applicant install a 10 -foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road. The City will be responsible for installing pedestrian signal improvements. Neighborhood Open Space: The City's neighborhood open space requirement applies to residential subdivisions, commercial subdivisions containing residential uses, and planned developments. The proposed zone district, CH -1, does not allow residential uses, therefore, the neighborhood open space fee does not apply. Storm Water Management: Storm water management will need to be provided on-site and the applicant's concept plan identifies a location for storm water detention. City staff will review storm water management plans at platting and at the site plan review phase. Based on conversations with Public Works staff, with the proximity of the creek there is no concern with the ability to properly discharge storm water. Infrastructure fees: The City requires developers to pay a $456.75 per acre fee for water service. The project site is not located in one of the City's sanitary sewer districts, and therefore, the City collects no sanitary sewer tap on fees. The developer will be responsible for costs associated with the water and sanitary sewer improvements needed to serve the project site. SUMMARY: Based on the analysis, staff finds that the proposed rezoning with the identified conditions is both in compliance with the Comprehensive Plan and compatible with the existing neighborhood. The Comprehensive Plan identifies this area as appropriate for office uses based on its proximity to 1-80. The proposed rezoning would allow for commercial development, including offices, that could provide necessary support services to the existing major employers and employees. NEXT STEPS: Upon approval of the proposed rezoning, the applicant will be required to submit applications for preliminary and final plats to subdivide the land into lots that follow the proposed zoning boundary. The preliminary plat would be reviewed by the Planning and Zoning Commission. The preliminary and final plats would be reviewed and approved by the City Council. After the subdivision stage, the applicant would be able to submit a site plan for staff review and approval prior to the issuance of building permits. During the site plan review stage, staff will review landscaping plans. STAFF RECOMMENDATION: Staff recommends approval of REZ18-00022, an application submitted by Allen Development, for a rezoning from ID -RP to CH -1 for approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1 subject to the following conditions: 1. Prior to the issuance of a certificate of occupancy, closure and removal of the access road off of Highway 1. 5 2. 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. 3. General conformance with the concept plan only in that a principal building must occupy the corner of Moss Ridge Road and Highway 1. 4. Prior to the issuance of a certificate of occupancy, installation of a 10 -foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road. ATTACHMENTS: 1. Location Map /Aerial Photograph 2. Zoning Exhibit 3. Concept Plan Approved by: I :) Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services REZONING EXHIBIT A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 80 NORTH, RANGE 6 WEST, OF THE FIFTH P.M. IOWA CITY, JOHNSON COUNTY, IOWA PLAT PREPARED BY: OWNER: APPLICANT: MMS CONSULTANTS INC. SLADEK LAND 42 LLC ALLEN HOMES INC 1917 S. GILBERT STREET 4670 TAFT AVENUE SE PO BOX 3474 IOWA CITY, IA 52240 IOWA CITY, IOWA, 52240 IOWA CITY, IOWA, 52244 Zg51i 3 /6,�Z6pE %ryh N 9 /N �j REZONING PARCEL s i (FROM ID -RP TO CH1) "tv'F i 139.185 g � 9'39'07" R 35000'-3fi'43'20 L 589fi' R=364.00' T=29.55' L 24fi 11' C=5889 T 127.45 CB=577'16'02"W \V C 241.92' 4 CB=.79'32.4_. i '5 r V ;ICs l�I Fdpj� 1:h r"1 SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST WARIER OF SECTION 36—T80N—R6W OF THE FIFTH P.M. G',\7596\7596-102\7596-102Zdvug, 122112018105,03 PM 3 LOCATION MAP - NOT TO SCALE I d ! �REZONINO LOCATION' I I I n F l as 2M-C"Inam 3 7al1- I=R\m;17 Pot of Beginning 892.20' 588'38'18"W CENTER OF SECTION ]6—T80N—RfiW OF THE FlFTH P.M. DESCRIPTION — REZONING (FROM ID—RP TO CHI) Commencing et the Center of Section 36, Township 80 North, Range 6 West, of the Fifth Principal Meridien; Thence S88'36'18 W. along the South Line of the Southeast Quarter of the Nodhvrest Quarter of Said Section 38, a distance of 892.20 feet, to a Point on the Westerly RigMaf-Way Line of Highvrey p1; Th— .21'3240"E. along said Westerly Right -of -Way Nne, 63.03 feet: Th—, 434.21.28"E, .long said Westerly Right -of -Why Ll- 90.55 feet m Its with the Northerly RigM-of--Way Line of Moss Ridge Road, end the Point of BeginningThence Northwesterly 248.11 feet along said Northerly Right---,Vay Line on a 384.00 foot radius curve, concave S-th—,ly, whose 241.92 fact—h bears 479.32'45'W; Thence S82°0535"1,V, slang said Northerly Rightaf-YVey Une 3.22 feet; Th— Southwesterly 5NW feet, .Ione said Northerly Rlghtbcway One - a 350.00 foot radius curve, -- A- —ly Southeasterly, whose 58.89 foot chard bears S77 -16'02",V; Thence N17 -33'32W,155.21 feet, Thence N60 -54'29"E, 04.30 feet; Thence N66'5946 E. 16770 feet Thence 467.52'14-E, 245.11 feet' Th-- N63 -19'25"E, 186.81 feet, Thence S52 -19'41"E. 74.24 feet, to a Paint on the Westedy Right -of -Way of said 1119 ay pi; The— 540.52'55^., 323.11 feet Th— S37°10.43-/, 222.56 feet t. the Point of Begl-hg. Said —It— Parwl 2018126 —Nlhs 2.91 Acres, and Is subj- to easements and resirlglnns of recon. M M CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS IOWA CITY, IOWA 52240 (319) 351-8282 www. m msco n sulta nts. net oaLe Revlsmn 1121-18 1.11EE 80UNOARV JOM REZONING EXHIBIT A PORTION OF THE SOUTHEAST QUART ER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 86 NORTH, RANGE 6 WEST, OF THE FIFTH P.M. IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. oe <: 11-9-2018 De51ywA bT FlelO Book Nor RLA Drawn by: Scale: RLW 1"=100' Checked 511eet Nor PB 1 FToject Nor IC 7596-102 of: 1 j NICE PLAN OSS RIDGE R IOWA CITY, IOWA M, GIA759617596-102]596-102x.awg122120181:42.29 PM / STORMWATER DETENT�ON / O / 0�' O OQ O� j / tw PA 4E 0 9 ii 30 d5 BO GRAPHIC SCALE IN FEET 1 "=60' M M s CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS FNVIRGNMFNTAI iPFfIAI I.STS IOA CITY, 104VA 5224U W (319) 351-8282 rnnnnu mm�r�nciilfanh nPf Dare i2ev slon 12-21-18 per city comments-ftlm ILLUSTRATIVE CONCEPT PLAN HIGHWAY 1 AND MOSS RIDGE ROAD IOWA CITY JOHNSON COUNTY IOWA MMS CONSULTANTS, INC. Da e: 11-15-18 Deslyned by: Field Bods Ne: JDM Drawn by:Scale. JDM 1"=60' Checked bj: meet No: Project No: IC 7586-102 of: 1 Planning and Zoning Commission January 3, 2019 Page 14 of 18 Parson agreed, the main issue from the previous application was the 36-plex on Lot 1 and now that is gone so it has alleviated any concerns he had. Baker is still uncomfortable with the crosswalk, he cannot think of a better location for it. Signs feels they could do one where Cherry meets Gilbert just as easily as the one proposed 500 feet north. Russett said Public Works and Transportation Staff looked at this and while that would be an ideal location there is a significant drop off on the western side of Gilbert Street that cannot been seen on the aerial. Hensch believes this is a much improved proposal, the density issue has certainly been resolved by the removal of the other 36-plex, the fire station will be a neighborhood good, rather than negative, and as a resident of Pepper Drive since 1993 he understands the neighborhood really well and notes because of the concentration of group homes and social services it is in some regards a negative but in some regards a positive. A vote was taken and the motion carried 6-0 (Martin absent) REZONING ITEM (REZ18-00022): Discussion of an application, submitted by Allen Development, for a rezoning of approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1 from Interim Development -Research Park (ID -RP) to Highway Commercial (CH -1). Russett presented the Staff report and began by showing an aerial map of the proposed project site, located at the northwest corner of Moss Ridge Road and Highway 1. She next showed the current zoning designations of the project site and the areas around it. The property is currently zoned Interim Development -Research Park which allows for nonurban development such as agriculture and very low density single family. The applicant is proposing to rezone this to Highway Commercial and the property can be rezoned at this time due to the availability of public infrastructure. Russett noted that based on the Comprehensive Plan this area is designated as Office Research Development Center, this area is envisioned for office park uses based on its close proximity to Interstate 80. This area is home to a number of the City's major employers and the proposed zoning to Highway Commercial is consistent with this vision in that it would provide commercial support services in close proximity to major employers. Russett showed some photographs of the project site. Based on data from FEMA the project site is located in the 100- year and 500 -year floodplain; however, in 2015 the property owner obtained permits from the City to fill in the site and raise it above the 500 -year floodplain. Compliance with the City's floodplain management standards will be required at the review of the site plan. In terms of transportation the site is accessed via Moss Ridge Road, the area is also served by the North Dodge bus route, the closet stop is within a 15 minute walk. The City's subdivision regulations would require that sidewalks be installed along Moss Ridge Road and Highway 1 on the southern and eastern frontages of the project site. Staff is recommending a couple of conditions related to transportation, first is the closure and removal of the access road off of Highway 1 and therefore sole access to the site would be from Moss Ridge Road. In addition Staff is recommending the applicant install a 10 -foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road to the south and pedestrian ramps on the northern and southern portions of Moss Ridge Road. The Planning and Zoning Commission January 3, 2019 Page 15 of 18 City will be responsible for installing pedestrian signal improvements. Russett showed a concept plan of the site, and Staff recommends a condition that requires general conformance with the concept plan in that a principal building must occupy the corner of Moss Ridge Road and Highway 1. The concept also shows stormwater management detention facilities which would be required at platting. Finally the concept plan shows proposed landscaping. Staff recommends approval of REZ18-00022, an application submitted by Allen Development, for a rezoning from ID -RP to CH -1 for approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1 subject to the following conditions: 1. Prior to the issuance of a certificate of occupancy, closure and removal of the access road off of Highway 1. 2. 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. 3. General conformance with the concept plan only in that a principal building must occupy the corner of Moss Ridge Road and Highway 1. 4. Prior to the issuance of a certificate of occupancy, installation of a 10 -foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road. Hensch asked if this site was at the far north boundary of the city limits and Russett confirmed it was. Hensch noted the report said landscaping would be addressed at the site plan review and his concern is this is an entryway into the City and the Commission has stressed how important landscaping is at these entry points and he is concerned a landscaping plan was not required to be submitted at this stage. Baker suggested adding that a landscaping plan be submitted as well to condition #2. Russett said they could add the condition that the landscaping plan be reviewed by the City Forester, it would still be at site plan review, but adds a second layer of review. Dyer shared concern that the Forester really focusses on the kinds of plantings and not design. Hensch opened the public hearing. John Yapp (920 4t" Avenue) from Allen Development came forward to reiterate a few points and then address the comments on landscaping. They are aware this is located on a major corridor and commuter highway and close by to Interstate 80. The City constructed Moss Ridge Road with a signalized intersection about three years ago with the intent of spurring office park development to the west, that hasn't occurred yet. This particular property is isolated from the office park to the west and to the rest of Mr. Sladek's property to the north due to Rapid Creek and Rapid Creek Floodway. Yapp noted this development would serve the large employment areas to the south, not just north of Interstate 80 but south of Interstate 80, which has thousands and thousands of employees in total. The property is currently at the north boundary of the City, however the City does have long range plans to construct Oakdale Boulevard to the north, which would connect to Oakdale Boulevard in Coralville and open up more of that land to the north for development. Regarding the landscaping plan, there are two more phases where that could be reviewed, both the preliminary plat and the site plan review. The City's site plan process includes the landscaping plans to be reviewed by City Engineering, City Forrester and City Planning Staff, and they do not have any objection to that being a condition. Yapp noted they also concur with the rest of the staff conditions. Hensch asked how far the property is from Rapid Creek. Yapp believes it is about 100 feet from the creek itself, the property does border the floodway of the creek. Hensch asked if the property site was flooded in 1993 or 2008. Yapp noted that Mr. Sladek, who currently owns the property, Planning and Zoning Commission January 3, 2019 Page 16 of 18 stated that before the property was filled it would likely have been flooded, but it has now been filled. Dyer noted this was the least developed concept plan she had seen in at least seven or eight years and would like to know a little bit more about what is proposed for the site. Yapp said they do not yet have any tenants for the development, they did the concept plan to show how two or three different uses could fit on the property. Additionally they will be closing the direct access off Highway 1 and making access from Moss Ridge Road. The types of uses they have been in contact with include convenience store/gas station, office development and fast -casual restaurants. Hensch asked about the timeline for the development. Yapp said there is no specific timeline, it will depend on attracting users to the property. Baker asked if this rezoning would also allow for one large building as opposed to two or three smaller buildings. Yapp said it could. Dyer asked what the reason was from changing it from office to commercial. Yapp noted the property is very small to be part of an office park and cut off by the rest of the larger area by Rapid Creek, it also has highway frontage and access. Hensch asked if the property is currently tilled. Yapp said it has been until recently, but is not currently, not in the last five years. Signs noted this is a pretty prominent piece of property to be seen as the entryway to the City and was underwhelmed by the lack of green space and amount of buildings on this space. He hopes some attention will be given to make it more open. Yapp agreed on the property itself, as commercial property, it would not have a lot of dedicated greenspace, it would be landscaped of course, just to the north is Rapid Creek and the Rapid Creek Corridor and it has a between a 200 and 300 foot floodway which cannot be developed so visually there will be a lot of green space around the development. Hensch asked about the topography on the parcel, Yapp noted it is relatively flat Baker discussed the landscaping plan and what the fellow Commissioners would like to see above what the minimum is required for the site. Hensch said he just wants a review to make sure it is not forgotten about. Townsend added that at this point they don't know what will be built on the site so may be difficult to know what the landscaping will look like. Hensch closed the public hearing. Baker moves to recommend approval of REZ18-00022, an application submitted by Allen Development, for a rezoning from ID -RP to CH -1 for approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1 subject to the following conditions: 1. Prior to the issuance of a certificate of occupancy, closure and removal of the access road off of Highway 1. 2. 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. 3. General conformance with the concept plan only in that a principal building must Planning and Zoning Commission January 3, 2019 Page 17 of 18 occupy the corner of Moss Ridge Road and Highway 1. 4. Prior to the issuance of a certificate of occupancy, installation of a 10 -foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road. Parsons seconded the motion. Baker suggested adding to condition 2 that a landscaping plan approved by the City Forester. Parsons seconded the amendment. Hensch noted there is two water retention areas on the periphery of the property and the developers know they cannot develop on those so there can be some landscaping decided upon now for at least two sides of the property. He agrees not knowing what will be built can make it difficult, but there can still be a plan for the periphery of the property. Signs recognized the property is surrounded by a wide-open prairie and this development will stick out like a sore thumb so if there is any way to minimize that transition to the development from the prairie he feels that would be appropriate. He does agree that the use for the space is probably exactly what it should be. A vote was taken and the motion carried 6-0 (Martin absent). CONSIDERATION OF MEETING MINUTES: DECEMBER 20, 2018 Signs moved to approve the meeting minutes of December 20, 2018. Parsons seconded. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: None. Adjournment: Townsend moved to adjourn. Parsons seconded. A vote was taken and the motion passed 6-0. Prepared by: Luke Foelsch, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5230 (REZ18- 00022) Ordinance No. An ordinance conditionally rezoning approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1, from Interim Development -Research Park (ID -RP) to Highway Commercial (CH -1). (REZ18-00022) Whereas, the applicant, Allen Development, has requested a rezoning of property located at the northwest comer of Moss Ridge Road and Highway 1 from Interim Development -Research Park (ID -RP) to Highway Commercial (CH -1); and Whereas, the Comprehensive Plan envisions the area for office park uses based on its close proximity to Interstate 80 and the proposed rezoning provides commercial support services to the major employers in this area; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for the closure and removal of the access road off of Highway 1, a detailed landscaping plan, a principal building occupying the comer of Moss Ridge Road and Highway 1, and the installation of a 10 -foot wide sidewalk along Highway 1 as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Interim Development -Research Park (ID -RP) to Highway Commercial (CH -1): Commencing at the Center of Section 36, Township 80 North, Range 6 West, of the Fifth Principal Meridian; Thence S88°38'18"W, along the South Line of the Southeast Quarter of the Northwest Quarter of Said Section 36, a distance of 892.20 feet, to a Point on the Westerly Right -of -Way Line of Highway #1; Thence N21 °32'40"E, along said Westerly Right -of -Way Line, 63.03 feet; Thence N34°21'28"E, along said Westerly Right -of -Way Line, 90.55 feet, to its intersection with the Northerly Right -of -Way Line of Moss Ridge Road, and the Point of Beginning; Thence Northwesterly 246.11 feet, along said Northerly Right -of -Way Line on a 384.00 foot radius curve, concave Southwesterly, whose 241.92 foot chord bears N79"32'45"W; Thence S82°05'35"W, along said Northerly Right -of -Way Line, 3.22 feet; Thence Southwesterly 58.96 feet, along said Northerly Right -of -Way Line on a 350.00 foot radius curve, concve Southeasterly, whose 58.89 foot chord bears S77°16'02"W; Thence N17033'32"W, 155.21 feet; Thence N60°54'29"E, 94.30 feet; Thence N66059'46"E, 167.70 feet; Thence N67°52'14"E, 245.11 feet; Thence N63°19'25"E, 188.81 feet; Thence S52°19'41 "E, 74.24 feet, to a Point on the Westerly Right -of -Way of said Highway #1; Thence S40052'55"W, 323.11 feet; Thence S37°10'43"W, 222.50 feet, to the Point of Beginning. Said Auditor's Parcel 2018120 contains 3.20 Acres, and is subject to easements and restrictions of record. Section IL Zoning Mao. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the Ordinance No. Page 2 County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 20_. Mayor Attest: City Clerk Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton that the First Consideration 02/05/2019 Voteforpassage: AYES:Teague , Thomas, Throgmorton, Salih, Taylor. NAYS: Cole. ABSENT: Mims. Second Consideration _ Vote for passage: Date published Prepared by: Luke Foelsch, Planning Intern, 410 E. Washington, Iowa City, IA 52240 (319) 356-5230 (REZ18-00022) Conditional Zoning Agreement This agreement is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Sladek Land #2 LLC (hereinafter "Owner"), and Allen Development (hereinafter "Applicant"). Whereas, Owner is the legal title holder of approximately 3.2 acres of property located at the northwest corner of Moss Ridge Road and Highway 1; and Whereas, the Owner has requested the rezoning of said property from Interim Development -Research Park (ID -RP) to Highway Commercial (CH -1); and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the closure and removal of the access road off of Highway 1, a detailed landscaping plan, a principal building occupying the comer of Moss Ridge Road and Highway 1, and the installation of a 10 -foot wide sidewalk along Highway 1 as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the conditions outlined in this agreement address several public needs, including the maintenance and enhancement of the appearance of this entranceway into Iowa City through landscaping and building placement, increased pedestrian connectivity through pedestrian infrastructure improvements, and ensuring the lot lines follow zoning boundaries; and Whereas, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need to preserve and enhance the entranceways to the city and accommodate all modes of transportation; and Whereas, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Sladek Land #2 LLC is the legal titleholder of the property legally described as: Commencing at the Center of Section 36, Township 80 North, Range 6 West, of the Fifth Principal Meridian; Thence S88°38'18"W, along the South Line of the Southeast Quarter of the Northwest Quarter of Said Section 36, a distance of 892.20 feet, to a Point on the Westerly Right -of -Way Line of Highway #1; Thence N21°32'40"E, along said Westerly Right -of -Way Line, 63.03 feet; Thence N34"21'28"E, along said Westerly Right -of -Way Line, 90.55 feet, to its intersection with the Northerly Right -of -Way Line of Moss Ridge Road, and the Point of Beginning; Thence Northwesterly 246.11 feet, along said ppda agVdmft==18-08012-1.11.19.dw Northerly Right -of -Way Line on a 384.00 foot radius curve, concave Southwesterly, whose 241.92 foot chord bears N79°32'45"W; Thence S82°05'35"W, along said Northerly Right -of -Way Line, 3.22 feet; Thence Southwesterly 58.96 feet, along said Northerly Right -of -Way Line on a 350.00 foot radius curve, concve Southeasterly, whose 58.89 foot chord bears S77016'02"W; Thence N17°33'32"W, 155.21 feet; Thence N60°54'29"E, 94.30 feet; Thence N66°59'46"E, 167.70 feet; Thence N67°52'14"E, 245.11 feet; Thence N63°19'25"E, 188.81 feet; Thence S52°19'41"E, 74.24 feet, to a Point on the Westerly Right -of -Way of said Highway #1; Thence S40°52'55"W, 323.11 feet; Thence S37010'43"W, 222.50 feet, to the Point of Beginning. Said Auditor's Parcel 2018120 contains 3.20 Acres, and is subject to easements and restrictions of record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2019) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Prior to the issuance of a certificate of occupancy, closure and removal of the access road off of Highway 1. b. No building permit shall be issued for the subject property until the City Council approves a final plat thereof that conforms to the zoning boundaries. c. General conformance with the concept plan only in that a principal building must occupy the comer of Moss Ridge Road and Highway 1. d. Prior to the issuance of a certificate of occupancy, installation of a 10 -foot wide sidewalk along Highway 1, as well as a pedestrian crossing across Moss Ridge Road and pedestrian ramps on the northern and southern portions of Moss Ridge Road. e. Any development of the subject property shall be done in accordance with a detailed landscaping plan to be approved by the City Forester to ensure the development aligns with the comprehensive plan's goal of preserving and enhancing the entranceways to the city. 4. The Owner and Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2019), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. ppdadadayud.ft. ra1aoou22n.17.19.do. 2 The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of City of Iowa City Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: City Attorney's Office/3o%g City Of Iowa City Acknowledgement: 20_ am By: State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on 20_ by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ppdadMagVd2R w =18-00022-1.17.19.dw The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of City of Iowa City Jim Throgmorton, Mayor Attest: Kellie Fruehling, City Clerk Approved by: City Attorney's Office City Of Iowa City Acknowledgement: State of Iowa ) ss: Johnson County ) M This instrument was acknowledged before me on 20_ by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Sea[) Title (and Rank) ppdadMagVdr =rez18-00022-1.1].19.dM 3 Corporate Acknowledgement: State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on , 20_ by F1.1 Sladek Land #2 LLC Acknowledgment: State of —Z cO . County of -ZT:T h n 5 o n Of Inc. Notary Public in and for said County and State (Stamp or Sea[) Title (and Rank) This record was !mak ledged before me on ' Z� -� C? (Date) by %Lt/19�4 J � (Name(s) of individual(s) as m e m be r- (type of authority, such as officer or trustee) of S�cu/e K 2-o ,el # Z LLL (name of party on behalf of whom record was executed). Notary Public in and for t e State of Iowa (Stamp or Seal) KELLIE K. FRUEHUNG Cwwwssion N mtv 727819 Title (and Rank) M'c01R issi0"Eq*n My commission expires: ppdadMagVdaH as r.1"0022-1.17.19.dw 4 Item Number: 10.c. + r ui �1 lat • yyrrmr�� CITY Ok 10WA CITY www.icgov.org February 5, 2019 Ordinance rezoning property located at 416 Reno Street from Medium Density Single -Family Residential Zone (RS -8) to RS -8 with a Historic District Overlay ((RS-8/OHD). (REZ18-00021) (Second Consideration) ATTACHMENTS: Description PZ Staff Deport PZ Minutes Ordinance r ��,.,_.�, CITY OF IOWA 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: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services CITY OF IOWA CITY a177 , -kit' , r i FAIRCHILD ST Ir AM CEDAR ST C ' U) r .,IZt 1A +q s�17-„o E DAVENPORT SWrk T b AfA qS, �. An application submitted by the National Trust for Historic Preservation for the rezoning of approximatelye a 24,480 square feet located at 416 Reno Street from Medium Density Single -Family Residential (RS -8) to w ~ q Medium Density Single -Family Residential (RS -8) with e BLOOMINGTON ST a Historic District Overlay OHD). 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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 ll 1111 VAV� w Historic Preservation Commission s City Hall, 410 E Washington 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 e 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 (NPS Form 10-900a). 1. Name of Pro 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 city or town Iowa state Iowa county 103 3. State/Federal Agency Certification zip code 52245 ❑ not for publication ❑ vicinity 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 Category of Property Number of Resources within Property (Check as many boxes as apply.) (Check only one box.) (Do not include previously listed resources in the count.) Contributing Noncontributing x private x building(s) 1 buildings public - Local district site public - State site 1 structure public - Federal structure object object 1 1 Total Number of contributing resources previously listed in the National Register: N/A 6. Function or Use Historic Functions Current Functions (Enter categories from instructions.) (Enter categories from instructions.) DOMESTIC/single dwelli DOMESTIC/single dwelling DOMESTIC/secondary structure 7. Description Architectural Classification Materials (Enter categories from instructions.) (Enter categories from instructions.) LATE VICTORIAN/Queen Anne Section 7 page 2 foundation: STONE/Limestone walls: BRICK roof: ASPHALT other: 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.) SUMMARY PARAGRAPH 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 West front, facing southeast. All current photos by Jan Olive Full, May 2018. 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 (faVade) 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 same classical details of pediment returns, architrave, and cornice molding are found on this side as well. Figure 2 West front and south side, facing northeast. May 2018 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 back yard 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, both from the 1970s (see Alterations section). May 2018 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 NORTH SIDE ELEVATION Figure 4 Another view of the east rear wall, with the open- air modern gazebo at the right edge in the photograph. May 2018 Figure S The classically -inspired gazebo was constructed in 1988. May 2018 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 Figure 6 The north side looking south. Note the ground level double window is a reduced replacement. See Figure 7 for a detail view of the juncture of the house and the small addition. May 2018 the fagade and south side is present here also, as is the beltcourse that stretches between the gable's pediment 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 LANDSCAPE (backyard) 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 be 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 bathroom and has only a crawlspace underneath. May 2018 The concrete and stone patio and retaining walls (197 1) 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 8 View of the backyard patio, gazebo, and fenced garden area (between gazebo and the flowering redbud tree), looking north, northeast. May 2018 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). NEIGHBORHOOD 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 apart 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 Borts, Albert J. and Alice E., House Johnson, Iowa Name of Property County and State In about 1855. Bohemians, ancestors of today's Czechs and Slovaks, as well as some Gerrnaris, began settling 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 Goosetowners cieare� the land of native trees for planting orchards, windbreaks., grape arbors, vegetable gardens, and flower beds to surrpound their clustered cottage homes. Daily, their children drove the geese out from their backyard poultry coops to graze in what is now North Market Square Park, then a patch of prairie. Seasonally, Goosetowners headed east to the Irish. 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: 1 Two European spindle trees (wonymus europaeus), c. 1960. 11 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 � ` • southeast Johnson County. 1 ._ _. Windbreak of Norway spruce (Picea abiesj c. 1895 ' • 41 r Rena Street: Remainder of century -old windbreak � S T Ftp ,.; Fuca i 0 T!�uj — M — — 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 a third 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.) ARCHITECTURE ❑ 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. F 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. 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 Borts, Albert J. and Alice E., House Name of Property Johnson, Iowa 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 (Borts 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:Hgayandciha.com/tribute/details/561/Edna-Borts/obituary.html on 6/6/2018. 2 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. 4 Ibid., 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 Name of Property 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."5 Decorative—some would say busy—brickwork was Figure 11 Red House, London, by J.J. Stevenson, 1871-73. Credit: Girouard, Plate 30, page 40. common, including walls that alternated courses of dark bricks and light stone to achieve horizontal stripes (Fig. 10). Johnson, Iowa County and State Figure 10 Old Scotland Yard, Westminster, London, UK, by Richard Norman Shaw, 1887-90. Credit: Pinterest on 5/30/2018 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.6 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). 5 Ibid., 38. 6 Shaw's 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 Name of Property Johnson, Iowa County and State Figure 12 Circa 1890 semi-detached builder townhouses. Note the contrasting masonry, tall window bays, and multi pane sash windows. Credit: University of the West of England on 5/30/2018 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. 7 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.8 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. 12 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 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. S McAlester and McAlester, 268. 9 Clifford Edward Clark, Jr., The American Family Home, 1800-1960 (Chapel Hill: The University of North Carolina Press, 1986), 104. 10 Clark, Jr., 104; Gwendolyn Wright, Building the Dream: A Social History of 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. In 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 of Iowa City,1 � 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. 16 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. 18 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 Name of Property Johnson, Iowa 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 NUMBERS 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, builder. 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. 20 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 Name of Property 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, Johnson, Iowa County and State Figure 14 Built the same year as a nearby church in 1893. Photo from the Iowa City Assessor, 2018 has long been zoned for apartments and is in the 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 530S. 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, Google on 6/6/2018 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 (NRNP, 1973) as contributing for 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 181003 E. Washington is within a neighborhood that provides many rental apartments for university students. Source: Google on 6/4/2018 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 -201' 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 Name of Property Johnson, Iowa 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 variation of the Queen Anne style, this house is now a student rental and has some minor alterations, especially to side windows. References to classical architecture include dentils and pediment returns in the gables, the round -arched gable window, and the front porch'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. 23 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 Name of Property Johnson, Iowa 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. In 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. Fla i *&*&on tii4ury. rh" r SO dd T*MU a...; The yaar . r t bo Vl a<ukkg as "M IMr k*, -Ma tva! "ba 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 6/7/2018 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 I National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Name of Property Johnson, Iowa 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 of upper 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 a long 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 Kimball27 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 21 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. 26 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. 26 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 Name of Property Johnson, Iowa 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 Figure 25 Calvin Hall, 1885, David Borts builder. Credit: University of Borts, who was a member of the church. This 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). 29 [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. 31 University of Iowa, "Calvin Hall/Campus Maps and Tours," accessed at https:Hmaps.uiowa.edu/calh on 6/4/2018. 31 Aurner (1913), 100. 32 Iowa City Press -Citizen, 3/21/1987. 33 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 Borts, Albert J. and Alice E., House Name of Property Figure 27 Also dating to the same period Reno Street was once number 500 Reno bi block were removed. Note the differences page 38, describes this house as being one Figure 28 Frederick and Elizabeth Irish house, 1849, 1415 E. Davenport, parents of the same Gilbert Irish who worked the Sanders quarry. The similarity of this house to those in Figs. 26-27 suggest the Reno Street houses could be as much as a decade earlier than 1860. This was Irish's second house, built after selling his nearby 1839 cabin. Taken from Jan R. Nash [now Full], `Rose Hill", National Register nomination, 1991. The original photo, c. 1890, is by Bertha Shambaugh, collection of the State Historical Society -Iowa City. OMB No. 1024-0018 Johnson, Iowa County and State Figure 26 502 Reno Street likely dates to around 1860 or a bit earlier and is nearly identical to its next-door neighbor at 432 Reno Street. This one has been painted a light brown and has visible additions on either end. Currently, it is used as a day care center. May 2018 plc., `�.�5� •ic,..�; �.z� a., w�'ucr�cyt�y.. w.«� 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 Name of Property Johnson, Iowa County and State settlement cabin constructed by Frederick Irish 1839. Five years later, Hamilton sold the house and land to Dr. George E. Kimba1135 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 31 Iowa City Press -Citizen, 5/5/1930. 31 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. 37 Abstract of Title for 416 Reno Street, entries 21 et 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 Name of Property Bibliography (Cite the books, articles, and other sources used in preparing this form.) Johnson, Iowa County and State 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. VII. 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://en.wikipedia.org/wiki/Iowa_City,_Iowa#cite_note-DecennialCensus-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 Name of Property Johnson, Iowa 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 Property less 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 Latitude 2 Latitude -91.518090 Longitude Longitude 3 Latitude 4 Latitude Verbal Boundary Description (Describe the boundaries of the property.) Longitude Longitude 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 Prepared By 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 Borts, Albert J. and Alice E., House Name of Property OMB No. 1024-0018 Johnson, Iowa 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 porch Plan room ,ca Second Floor screened PI''art porch 1 u' kitchen dining room Q up j— bedroom bedroom ITT I rcrr d wa! I _ up � north �•x 'C? 11ving 100111 n, bedroom �!��;r• bath r ui_it^t open porch 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 Borts, Albert J. and Alice E., House Johnson, Iowa Name of Property County and State 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: Borts, Albert J. and Alice E., House City or Vicinity: Iowa City County: Johnson State: IA Photographer: Jan Olive Full Date Photographed: May 2018 Description of Photograph(s) and number, include description of view indicating direction of camera: Photo 1 of 11: West fapade and north side, looking southeast Photo 2 of 11: West fapade 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 Borts, Albert J. and Alice E., House Johnson, Iowa Name of Property County and State 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 et seq.). 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 ....__ E. CHURCH V^wP * /7t27 r�I //['O - ZZ /I' _ /130 zlt v 6 FP ! rs / 2R / iZ 3 5! S 1 4 �. Z -R Z$ 2 (vv ! e Faierx��o 1/GT6 !!1B !!�3 //31 1109 lll.9EF9�4[Ni4o, „wP f E. FAIRCHILD oar 6 DN. u!! rrlir gun W I* Z W U D �T[ D 1 i 10 9 8 % 2 CIV HL FR 6 f L-1 41.666341, -91.518163 T C L ILL a N^ no scale 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 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson, Iowa Name of Property County and State MAPS Waterworks Prairie Park o 0 Hickory Hill Park H@n- Ho�— 11w, SE alf Course, The University of Iowa Iowa City University r, I A Heights 2t Y2 e -Wise Corn puter Help & Repair Iowa City Municipal north (D1 1 2000' 41.666341, Wd Go gle -91.516163 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 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 OMB No. 1024-0018 Borts, Albert J. and Alice E., House Johnson, Iowa Name of Property County and State MAPS continued 5.416 RENO 5T CHURCH ST 1129 g �e� Lf- j� °-iJ I� ti 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 SITE PLAN showing building outlines (detail of prior map). I I Soz 43z 431 F z r 14 6 419 LU 411? 410 0 40�5, 4051 4061226' 321 321 2 I o E DAVENPORT ST 41.666341, -91.518163 SITE PLAN with exterior photo locations (8 views) NA no scale Source: Iowa City Assessor 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 Borts, Albert J. and Alice E., House Johnson, Iowa FLOOR PLANS (sketched by author using assessor outline as base) cBasement crawl crawl space not Plan space verified,. -.,storm 'door exit storage I laundry room masonry 0 chimney base UP baffle north Q M— 22' Poured concrete Floors; rubble stone walls; fir floor joists running eastlwest First Floor bath open porch Plan room 10, kitchen Sections 8 — 11 page 35 dining room removed wall 6 living room 8 open porch north 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 FLOOR PLANS continued Second Floor screened Plan porch ii 10, 4 up bedroo�o�m� bedroom n u do Cl bedroom. bath room north Attic Level 15' Sections 8 — 11 page 36 h _- - T � r r Y OL j - f- P Ap 3� q r r 1{ T ` �- Y x r T n' a 11 ram 14 '��i ` •• .....rum Borts, Albert J. and Alice E., House — 416 Reno St., Iowa City, IA hoto #7 Photo #8 Borts, Albert J. and Alice E., House — 416 Reno St., Iowa City, IA Photo #9 Photo #10 a� �'�lf i� �� A.' � �,��d1 J`� ♦. F 'yyF.. � � rA�- i!��y�i k,} -: . a N�is��ar"f F 1`S _F1 `��� r 9. ;Nk�•+�*R�i]k'af f+�'�r` 'fglln��7 '4j P �.'a _. .w �' b � T ,N� �� w - J 4� %. � � ^ y�` t11 +v Tj P 2Fd�, 1 � �. � . - :r' •` '"�'- lo Nit r'�llt tifa , l e "� t tar`E i��S�'.;•: �:~ tv_ - ,, as �! All, l�r -. Planning and Zoning Commission December 20, 2018 Page 2 of 8 REZONING ITEM (REZ18-00021): 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). Russett noted this is a proposed rezoning for a potential local landmark, it is the Albert J. and Alice E. Borts house at 416 Reno Street. The Historic Preservation Commission reviewed and approved the proposed landmark designation at their last meeting on December 13, 2018. Russett showed a map of the area, the property is just south of the Reno Park on Reno Street, she also showed a zoning map of the area, the area is zoned single-family residential both RS -5 and RS -8. Russett showed some photographs of the home, the house was built in 1898 in the Queen Anne Style. The Borts' family included 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. The house is unique in that it is a Queen Anne built of brick and not of wood. Russett explained the Planning & Zoning Commission's role in this process is to ensure the rezoning is consistent with the City's Comprehensive Plan. Staff did a review and believes it is consistent with the Comprehensive Plan based on the policies in both the Central District Plan and the Historic Preservation Plan which aims to preserve the City's historic resources. 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). Hensch remarked how impressed he was with the Staff report, particularly all the information prepared for the Historic Preservation Commission, he also appreciated the note in the Staff report explaining the Planning & Zoning Commission's role which was 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. Dyer questioned the role of the National Trust in this application. Russet explained that the National Trust is working on purchasing the property from the current owner and working on a national register district nomination for the property. Hensch opened the public hearing. Seeing no one, Hensch closed the public hearing Signs moved to recommend approval of REZ18-00021, an application for 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). Parsons seconded the motion. Hensch noted this application is straight -forward and will preserve the historic resources in the community. Signs agreed. Planning and Zoning Commission December 20, 2018 Page 3 of 8 A vote was taken and the motion carried 6-0. (Townsend absent) REZONING ITEM (REZ18-00023): 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). Russett noted this application is also a proposed local landmark designation, it is the Dr. H.H. and Sylvilla Jacobsen House located at 1818 North Dubuque Street. The Historic Preservation Commission also reviewed this application at their December 13, 2018 meeting and recommended approval. Russett showed maps with the location of the home, it is on North Dubuque Street on the east side of the road just south of Foster Road, it is currently zoned RS -5 single-family residential. Russett showed photographs of the home to the Commission. The home was built in 1929 in the Arts and Craft Style, it is a stone cottage and the craftsman style of Arts and Craft which typically incorporated locally and natural materials into the construction. Russett reiterated the Planning and Zoning Commission's role is to ensure consistency with the Comprehensive Plan in both the North District Plan and Historic Preservation Plan outlined goals in preserving historic resources. Staff recommends approval of REZ18-00023, an application to designate 1818 North 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/OHP). Hensch asked if there was any controversy on either of these applications with the Historic Preservation Commission. Russett asserted there was not. Hensch asked because it was more in that Commission's role to know the historic value of these properties. Hensch opened the public hearing. Joe D. Coulter (1818 North Dubuque Street) is the current owner of the property and noted the process he went through with the City when Dubuque Street was to be raised. He stated he is just the second owner of this house, he has lived there since 1986, he has all the original plans for the home and even the interior of the house is still mostly original. Coulter would like to preserve this house, noting the Englert Beer Cave is located on his property. He also noted in the application is a letter from his neighbor who lives in the Englert house. Hensch asked if all the stone and rock used for the house quarried locally. Coulter said the stonework was done by a fellow known as the "old swede" who was from Toddville and that is where he brought the rock from. Hensch asked if the garage was contemporaneous in construction with the house. Coulter said it is, and noted at the time it would have cost $800 to put in an elevator from the garage to the house. When he bought the house there was a big crack in the garage and he had it redone by Country Stone Masons in keeping with the original style. Hensch asked how the garage is accessed from the house. Coulter stated there are 52 steps from the garage up to the house, he said there is another driveway that goes up the hill and another buried garage at the top of that driveway. io Prepared by: Anne Russett, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00021) Ordinance No. 19-4775 Ordinance rezoning property located at 416 Reno Street from Medium Density Single -Family Residential (RS -8) to RS -8 with a Historic District Overlay (RS -8 / OHD). (REZ18-00021) Whereas, the applicant, the National Trust for Historic Preservation, has requested a rezoning of property located at 416 Reno Street from Medium Density Single -Family Residential (RS -8) to Medium Density Single -Family Residential with a Historic District Overlay (RS -8 / OHD); and Whereas, this structure was originally constructed in 1898 in the Queen Anne style; and Whereas, the Comprehensive Plan and the Central District Plan encourage the preservation of historic buildings; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its significance to Iowa City history, integrity of location and design, association with significant persons, and embodies distinctive characteristics and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning and has found that it is consistent with the Comprehensive Pian goals of preserving historic resources; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified from its current zoning designation of Medium Density Single -Family Residential (RS -8) zone to Medium Density Single -Family Residential with a Historic District Overlay (RS -8 / OHD) zone: The north thirty feet of lot seven, and the south sixty feet of lot eight in Irish's Extension to Wood's Addition to Iowa City, Iowa, according to the recorded plat thereof. Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Ordinance No. 19-4775 Page 2 Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 5th day of February —'20 19 Makfor / Approved by:. Attest: w z, City Clerk City Attorney's Office /z �� Ordinance No. 19-4775 Page 3 It was moved by Thomas and seconded by Cole Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: x x x x x x ABSENT: M Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 01/22/2019 Voteforpassage: AYES: Mims, Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 02/14/2019 that the Moved by Thomas, seconded by Taylor, that the rule requiring ordinances to be considered and voted on for passage at two Council meeting6 prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Thomas, Throgmorton, Cole, Salih, Taylor, Teague. NAYS: None. ABSENT: Mims. Item Number: 10.d. + r tui�1r.� • yyrrmr�� CITY Ok 10WA CITY www.icgov.org February 5, 2019 Ordinance rezoning property located at 1818 N. Dubuque Street from Low Density Single -Family Residential Zone (RS -5) to RS -5 with a Historic District Overlay (RS-5/OHD). (REZ18-00023) (Second Consideration) ATTACHMENTS: Description PZ Staff Report HPC Memo (Attachment 3 of PZ Staff Report) HPC Memo Image 1 (Attachment 3 of PZ Staff Report) HPC Memo - Image 2 (Attachment 3 of PZ Staff Report) HPC Memo - Image 3 (Attachment 3 of PZ Staff Report) HPC Memo - Image 4 (Attachment 3 of PZ Staff Report) HPC Memo - Image 5 (Attachment 3 of PZ Staff Report) Correspondence from Neighbor PZ Minutes Ordinance r ��,.,_.�, CITY OF IOWA 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/OHP). Attachments: 1. Location Map 2. Zoning Map 3. Historic Preservation Commission Memo, 12/13/2018, including the Site Inventory Form Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services qyY i'd's i RJJ s RM20 p RS12 RS5 f RS5: Gd RS5,., RS12 RS5c GQ RS5 RS12 Gm RS5 RS5 RS12 a !RS5 �G NA r Y � V RS5 �� RS5 RS5 RS12A,c y, U RS5 RS5 ,, RS5 O!!� QQ FOSTER RD RS5 RS5 000 y OAMBORNE C"? . _ k . . L 2 aa, RS8 RS5 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). CITY OF IOWA CITY RS5 !� S5 RS5 RS5 RS5 2$12 ��5 RS5 Qi RS5 R/O RS5 OC RS5 d. cFRO RS5 ppm RS5 RS RS5" !y RS5 RS5- RS5 RS5 RS5 RS5 #' P1 RS5 RS5 RS5 p RS5 „4 �, RS5 RS5 " RS5 RS5, RS5 RS5 RS5 `. RS5 H, RS5 RS5 RS5 " RS5, RS5 P1- RS5 RS5 RS5 RS5 ;A RS5 P1 A, RS5 RS5 RS5 RS5 RS5 RS5 �k WHITING AVE RS5 RS5 RS5 RS5 RS5 RS5 RS5 RM20 RS5 RS5 RS5 RS5 RS5 RS5 RS5 ' RS5 RS5 ° RS5 RS5 RS5 fr _ RS5 RS5 r ®, CITY OF IOWA CITY 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 low 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 ❑ Supplemental State Historical Society of Iowa ❑ Part of a district with known boundaries (enter inventory no.) (November 2005) Relationship: ❑ Contributing ❑ Noncontributing ELIGIBLE ❑ Contributes to a potential district with yet unknown boundaries National Register Status:(any that apply) ❑ Listed ❑ De -listed ❑ NHL ❑ DOE 9 -Digit SHPO Review & Compliance (R&C) Number A?_'7'3� 0 9 ❑ Non -Extant (enter year) 1. Name of Property historic name Jacobsen Dr. H.H. and Sylvilla, House other names/site number 2. Location street & number 1818 N. Dubuque St. city or town Iowa City ❑ vicinity, county Johnson Legal Description: (if Rural)Township Name Township No. Range No. Section Quarter of Quarter (If Urban) Subdivision Ball's Addition Block(s) Lot(s) 16 thru 22 3. State/Federal Agency Certification [Skip this Section] 4. National Park Service Certification [Skip this Section] 5. Classification Category of Property (Check only one box) Number of Resources within Property ® building(s) If Non -Eligible Property If Eligible Property, enter number of ❑ district Enter number of: Contributinq Noncontributing ❑ site _ buildings 2 _ buildings ❑ structure _ sites _ _ sites ❑ object _ structures _ _ structures objects _ _ objects Total 2 Total Name of related project report or multiple property study (Enter "NIA" if the property is not part of a multiple property examination). Title Historical Architectural Data Base Number Dubuque St./Park Rd. Bridge: Architectural/Historical Intensive Study 52-106 6. Function or Use Historic Functions (Enter categories from instructions) 01A01 DOMESTIC/single dwelling/residence 0005 /DOMESTIC/secondary structure/garage Current Functions (Enter categories from instructions) 01A01 DOMESTIC/single dwelling/residence 0005 /DOMESTIC/secondary structure/garage 7. Description Architectural Classification (Enter categories from instructions) Materials (Enter categories from instructions) 07E02 LATE 19TH & EARLY 20TH CENTURY AMERICAN foundation 10 CONCRETE MOVEMENTS/Craftsman walls (visible material) 04 STONE roof 16 CLAY TILE other Narrative Description (® SEE CONTINUATION SHEETS WHICH MUST BE COMPLETED) 8. Statement of Significance Applicable National Register Criteria (Mark "x" representing your opinion of eligibility after applying relevant National Register criteria) ❑ Yes ® No ❑ More Research Recommended A Property is associated with significant events. ❑ Yes ® No ❑ More Research Recommended B Property is associated with the lives of significant persons. ® Yes ❑ No ❑ More Research Recommended C Property has distinctive architectural characteristics. 0 Yes ❑ No ❑ More Research Recommended D Property yields significant information in archaeology or history. County Johnson Address 1818 N. Dubuque St. Site Number 52-05067 City Iowa Cit v District Number Criteria Considerations ❑ A Owned by a religious institution or used ❑ E A reconstructed building, object, or structure. for religious purposes. ❑ F A commemorative property. ❑ B Removed from its original location. ❑ G Less than 50 years of age or achieved significance within the past ❑ C A birthplace or grave. 50 years. ❑ D A cemetery Areas of Significance (Enter categories from instructions) Significant Dates Construction date 02 ARCHITECTURE 1929 ❑ check if circa or estimated date Other dates, including renovation Significant Person Architect/Builder (Complete if National Register Criterion B is marked above) Architect Builder Smith and Burger Narrative Statement of Significance (® SEE CONTINUATION SHEETS, WHICH MUST BE COMPLETED) 9. Major Bibliographical References Bibliography ® See continuation sheet for citations of the books, articles, and other sources used in preparing this form 10. Geographic Data UTM References (OPTIONAL_) Zone Easting Northing Zone Easting Northing 4 ❑ See continuation sheet for additional UTM references or comments 11. Form Prepared By name/title Jan Olive Full organization Tallgrass Historians L.C. date 4/12 street & number 2460 S. Riverside Dr. telephone 319-354-6722 city or town Iowa City state IA zip code 52246 ADDITIONAL DOCUMENTATION (Submit the following items with the completed form) FOR ALL PROPERTIES 1. Map: showing the property's location in a town/city or township. 2. Site plan: showing position of buildings and structures on the site in relation to public road(s). 3. Photographs: representative black and white photos. If the photos are taken as part of a survey for which the Society is to be curator of the negatives or color slides, a photo/catalog sheet needs to be included with the negatives/slides and the following needs to be provided below on this particular inventory site: Roll/slide sheet # Frame/slot # Date Taken Roll/slide sheet # Frame/slot # Date Taken Roll/slide sheet # Frame/slot # Date Taken ❑ See continuation sheet or attached photo & slide catalog sheet for list of photo roll or slide entries. ® Photos/illustrations without negatives are also in this site inventory file. FOR CERTAIN KINDS OF PROPERTIES, INCLUDE THE FOLLOWING AS WELL 1. Farmstead & District: (List of structures and buildings, known or estimated year built, and contributing or noncontributing status) 2. Barn: a. A sketch of the frameltruss configuration in the form of drawing a typical middle bent of the barn. b. A photograph of the loft showing the frame configuration along one side. c. A sketch floor Dlan of the interior space arrangements along with the barn's exterior dimensions in feet. State Historic Preservation Office (SHPO) Use Only Below This Line Concur with above survey opinion on National Register eligibility. ❑ Yes ❑ No ❑ More Research Recommended ❑ This is a locally designated property or part of a locally designated district. Comments: Evaluated by (name/title): WAA Date: JUL 2 5 2012 Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-05067 Iowa Site Inventory Form Related District Number Continuation Sheet Page 1 Jacobsen, Dr. H.H. and Sylvilla. House Johnson Name of Property County 1818 N. Dubuque St. Iowa City Address City 7. 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 bluff overlooking N. Dubuque St. and the Iowa River beyond to the southwest. Its separate garage is built into the steep embankment, more or less directly under the house. A concrete staircase leads from the garage up to the residence and a hard -surfaced drive leads up the hill to the south. During 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 traffic on Dubuque St. below. The house is 2 to 2'h stories tall and has a basically rectangular footprint. The long sides face east and west, with gable ends to the north and south. The ridge line or long axis of the house, therefore, is roughly parallel to the street in front. The north end of the house is stepped down to a story -and -half in height. Cross gables of varying sizes project from the facade (west elevation) -- a small centrally positioned cross -gable 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 single -story wings with gable roofs project from the rear (east elevation) 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 tile 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 clad in stone also. Fenestration headers are flat except for the front door, which has a rounded opening at the top. The rounded stone header of the front doorway is 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 architect named), and correspondence with the original owners, Dr. H.H. and Sylvilla Jacobsen. Herman H. Jacobsen was a local dentist. 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 the 1857 residence in which they lived (see 52-05068). They then bought an adjacent 22 acres from Elizabeth Grissell. According to local historian Irving Weber, Ball'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 attorney, 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, Ball 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 Ball 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 Page 2 Jacobsen, Dr. H.H. and Sylvilla, 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, 4/29/1925). 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, 8/8/1925 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 7/27/1929, 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 Sianificance 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, rounded 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. Major Bibliographical 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, 4/21/2012. 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 Pacie 3 Site Number 52-05067 Related District Number Jacobsen, Dr. H.H. and Sylvilla, House Johnson Name of Property County 1818 N. Dubuque St. Iowa City Address City 10. Additional Documents (City map and Sketch map) NT ►i V r c f -� Bjaysville Ln. Photo looking northeast by Peter Sidwell for Tallgrass Historians L.C., October 2011 Iowa Department of Cultural Affairs State Historical Society of Iowa Site Number 52-05067 Iowa Site Inventory Form Related District Number Continuation Sheet Page 4 Jacobsen, Dr. H.H. and Sylvilla, House Johnson Name of Property County 1818 N. Dubuque St. Iowa City Address City 1710 1S FR EP 11, 17 [1201 CONC PATIO I 123 12 [2301 17 IS B A STN (MAIN) [2002) 47 40 IS STN EP 5 11 7 55 16 WD STP [991 s 11 Source: All images from the Iowa City Assessor website, 4/20/2012. JUL 1 8 2012 LCIowa Department of Transportation 00 Lincoln Way, Ames, Iowa 50010 515-239-1035 FAX 515-239-1726 July 3`d, 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# 1407S2 07f- Des Moines, IA 50319 Dear Ralph: RE: Iowa City Gateway- Dubuque Street Elevation Project- City of Iowa City Architectural / 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 Engle rt -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 Back 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: "Frat 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 1000 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. — 5201537 • 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 nd • o Beta Theta Pi Fraternity (2 location) — 804 N. Dubuque St. — 5201541 rd • o Beta Theta Pi Fraternity (3 location) — 816 N. Dubuque St. — 5201542 • o Kappa Sigma Fraternity 1032 N. Dubuque St. — 5205074 Knollwood Lane Midcentury Modern Potential Historic District: Two of the five houses in this small midtwentieth century suburban development are within the survey area (1 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 feel 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 SHPO Historian Date Detail of North End of West Elevation South Elevation y+,M� M1 21 n NiO.i. South Elevation North Elevation Detail of Patio on East Elevation Detail of East End of North Elevation Representative interior photographs from the Gazette The library; situated behind the living room, features its own fireplace and circle head French doors; at the home of Joe Coulter in Iowa City on Wednescay, June i, 2o16. (Liz Martini The Gazette) Joe Coulter had the chair and couch in the living room recovered after he purchased them at an auction of the home's original furnishings. The chandeliers and fireplace screen are also original to the house. The fireplace, like the exterior of the home, is made of split fie]dstone. Photographed at the home of Joe Coulter in Irnaa City on Wednesday, June 1, 2o16. (Liz Martin/The Gazette) From: Stefaniak, John E To: PlanninaZoninaPublic Subject: Joe Dan Coulter RS -5 CHD Application Date: Tuesday, December 18, 2018 9:59:46 AM Dear Commission Members, We are unable to attend the Planning & Zoning meeting on December 20 but would like the Commission to know that we wholeheartedly support Joe Dan Coulter's application to rezone his home at 1818 N. Dubuque street to RS -5 OHD. John and Mary Helen Stefaniak 1501 Ridge Road 319-331-8517 Planning and Zoning Commission December 20, 2018 Page 3 of 8 A vote was taken and the motion carried 6-0. (Townsend absent) REZONING ITEM (REZ18-00023): 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). Russett noted this application is also a proposed local landmark designation, it is the Dr. H.H. and Sylvilla Jacobsen House located at 1818 North Dubuque Street. The Historic Preservation Commission also reviewed this application at their December 13, 2018 meeting and recommended approval. Russett showed maps with the location of the home, it is on North Dubuque Street on the east side of the road just south of Foster Road, it is currently zoned RS -5 single-family residential. Russett showed photographs of the home to the Commission. The home was built in 1929 in the Arts and Craft Style, it is a stone cottage and the craftsman style of Arts and Craft which typically incorporated locally and natural materials into the construction. Russett reiterated the Planning and Zoning Commission's role is to ensure consistency with the Comprehensive Plan in both the North District Plan and Historic Preservation Plan outlined goals in preserving historic resources. Staff recommends approval of REZ18-00023, an application to designate 1818 North 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/OHP). Hensch asked if there was any controversy on either of these applications with the Historic Preservation Commission. Russett asserted there was not. Hensch asked because it was more in that Commission's role to know the historic value of these properties. Hensch opened the public hearing. Joe D. Coulter (1818 North Dubuque Street) is the current owner of the property and noted the process he went through with the City when Dubuque Street was to be raised. He stated he is just the second owner of this house, he has lived there since 1986, he has all the original plans for the home and even the interior of the house is still mostly original. Coulter would like to preserve this house, noting the Englert Beer Cave is located on his property. He also noted in the application is a letter from his neighbor who lives in the Englert house. Hensch asked if all the stone and rock used for the house quarried locally. Coulter said the stonework was done by a fellow known as the "old swede" who was from Toddville and that is where he brought the rock from. Hensch asked if the garage was contemporaneous in construction with the house. Coulter said it is, and noted at the time it would have cost $800 to put in an elevator from the garage to the house. When he bought the house there was a big crack in the garage and he had it redone by Country Stone Masons in keeping with the original style. Hensch asked how the garage is accessed from the house. Coulter stated there are 52 steps from the garage up to the house, he said there is another driveway that goes up the hill and another buried garage at the top of that driveway. Planning and Zoning Commission December 20, 2018 Page 4 of 8 Dyer asked if Coulter has applied for a listing on the National Registry. Coulter said he has not but is thinking seriously about doing so, noting it is a complicated process. Parsons asked if the garage suffered any damage from the 1993 or 2008 floods. Coulter said it did not, there was flood waters in the garage but no permanent damage. Hensch closed the public hearing Parsons moved to recommend approval of REZ18-00023 an application submitted by Joe Dan Coulter for a rezoning of approximately of 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). Martin seconded the motion. Hensch noted his comments are duplicates of the last application and added he has admired this house for decades driving by. A vote was taken and the motion carried 6-0. (Townsend absent) FRINGE AREA REZONING ITEM (CZ18-00003): 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. Russett noted this is a proposed rezoning in the fringe area, which is within two miles of the City, but not located within the corporate limits of the City. Russett showed a map of the subject property in relation to the corporate limits of Iowa City. It is located in Fringe Area B - outside of the City's growth boundary. The property is currently zoned Highway Commercial and the applicant is proposing to rezone it to Agriculture. The applicants submitted a site plan to show how they wish to expand an existing machine shed and that will require a rezoning to Agriculture. Russett stated the proposed rezoning is consistent with the County's Comprehensive Plan, it is not within one of the County's growth areas and the future land use map has this area identified as appropriate for agriculture uses. She explained in the City's review of these rezonings in the fringe area they use a Fringe Area Agreement to make sure the rezoning is consistent with the policies in the fringe area. The Fringe Area Agreement is a component of the City's Comprehensive Plan. 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. Parsons asked if there was any discussion on updating the Fringe Area Agreement as after a previous application there was conversation of needing to do so. Russett said they have met with County Staff regarding a review and hope to move forward with updating the Fringe Area Agreement. 10 Prepared by: Anne Russett, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (REZ18-00023) Ordinance No. 19-4776 Ordinance rezoning property located at 1818 N. Dubuque Street from Low Density Single -Family Residential (RS -5) to RS -5 with a Historic District Overlay (RS -5 / OHD). (REZ18-00023) Whereas, the applicant, Joe Dan Coulter, has requested a rezoning of property located at 1818 N. Dubuque Street from Low Density Single -Family Residential (RS -5) to Low Density Single -Family Residential with a Historic District Overlay (RS -5 / OHD); and Whereas, this structure was originally constructed in 1929 in the Craftsman style of the Arts and Crafts movement; and Whereas, the Comprehensive Plan and the North District Plan encourage the preservation of historic buildings; and Whereas, Goal 1 of the Historic Preservation component of the Comprehensive Plan calls for identification of resources significant to Iowa City's past with the objective of designating individual buildings as landmarks; and Whereas, the Historic Preservation Commission has reviewed the proposed Historic Landmark designation, has found that it meets the criteria for landmark designation in its significance to Iowa City history and embodies distinctive characteristics and has recommended approval; and Whereas, the Planning and Zoning Commission has reviewed the proposed Historic Landmark designation rezoning and has found that it is consistent with the Comprehensive Plan goals of preserving historic resources; Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I. Historic Landmark Approval. Property described below is hereby reclassified from its current zoning designation of Low Density Single -Family Residential (RS -5) zone to Low Density Single -Family Residential with a Historic District Overlay (RS -5 / OHD) zone: LOTS 16, 17, 18, 19, 20, 21 AND 22 OF THE SUBDIVISION OF PART OF GOVERNMENT LOT 2, IN SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 3, PAGE 100, PLAT RECORDS OF JOHNSON COUNTY, IOWA. ALSO, BEGINNING AT AN IRON PIPE WHICH MARKS THE EAST CORNER OF LOT 16, OF SAID ABOVE MENTIONED SUBDIVISION; RUNNING THENCE NORTH 44°55' WEST 120.9 FEET ALONG THE NORTH LINE OF SAID LOT 16, THENCE ALONG THE CONTINUATION OF THE WEST LINE OF LOT 16, WHICH BEARS NORTH 13°11' EAST 120.4 FEET TO AN IRON PIN; THENCE NORTH 75°30' EAST 88.2 FEET TO AN IRON PIN; THENCE SOUTH 25030' EAST 92.7 FEET TO AN IRON PIN; THENCE IN A SOUTHERLY DIRECTION ALONG THE WEST SIDE OF RIDGE ROAD TO THE POINT OF BEGINNING. ALL BEARINGS ARE FROM THE MAGNETIC MERIDIAN. Ordinance No. 19-4776 Page 2 ALSO BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 22 OF SAID ABOVE MENTIONED SUBDIVISION; RUNNING THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE SOUTHERLY LINE OF RIDGE ROAD TO ITS INTERSECTION WITH THE SOUTHEASTERLY LINE OF LOT 11 OF SAID SUBDIVISION, PRODUCED; RUNNING THENCE IN A SOUTHWESTERLY DIRECTION FOLLOWING THE SOUTHEASTERLY LINE OF SAID LOT 11 PRODUCED, TO THE INTERSECTION OF THE NORTH LINE OF THE RED BALL ROAD (NOW KNOWN AS FEDERAL HIGHWAY #161); RUNNING THENCE IN A NORTHWESTERLY DIRECTION ALONG THE NORTH LINE OF SAID RED BALL ROAD (NOW. KNOWN AS FEDERAL HIGHWAY #161) TO THE SOUTHEASTERLY CORNER OF SAID LOT 22; THENCE RUNNING IN A NORTHEASTERLY DIRECTION TO THE PLACE OF BEGINNING. ALSO, ALL THAT PROPERTY TO THE EAST OF THE EASTERLY LINE OF LOT 11 OF SAID SUBDIVISION, PRODUCED SOUTH OF THE SOUTHERLY LINE OF RIDGE ROAD AND NORTH OF THE NORTH LINE OF DUBUQUE STREET (FORMERLY RED BALL ROAD, FEDERAL HIGHWAY #161 AND FOSTER ROAD). ALL AS SHOWN BY SAID ABOVE MENTIONED PLAT. EXCEPTING THE FOLLOWING TWO PARCELS: 1. THE PROPERTY DEPICTED AND DESCRIBED ON THE RIGHT-OF-WAY ACQUISITION PLAT MARKED EXHIBIT "A" ATTACHED TO THE WARRANTY DEED IN BOOK 5473, PAGES 132-133 IN THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE. 2. A PARCEL OF LAND LOCATED IN A PORTION OF A SUBDIVISION OF PART OF GOVERNMENT LOT 2, SECTION 3, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5T" PRINCIPAL MERIDIAN, IOWA CITY, IOWA, CONSISTING OF .09 ACRE (3839 SQUARE FEET), DEPICTED AND DESCRIBED ON THE ACQUISITION PLAT RECORDED AT PLAT BOOK 48, PAGE 315 WITH THE JOHNSON COUNTY RECORDER. Section II. Zoning Map. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. Section III. Certification And Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. Section IV. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section V. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VI. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 5th day of February 20 19 / 1 90!140 S.Aquioliv 40 Aq panaddy ;7 Jqf eW 6 abed -ON aoueuipJp Ordinance No. 19-4776 Page _4 It was moved by Thomas and seconded by Salih Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Cole x Mims % Salih X Taylor % Teague % Thomas X Throgmorton that the First Consideration 01/22/2019 Vote for passage: AYES: Salih, Taylor, Teague, Thomas, Throgmorton, Cole, Mims. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 02/14/2019 Move by Thomas, seconded by Salih, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Cole, Salih, Taylor, Teague, Thomas, Throgmorton. NAYS: None. ABSENT: Mims. Item Number: 10.e. + r ui �1 lat • yyrrmr�� CITY Ok 10WA CITY www.icgov.org February 5, 2019 Ordinance amending Title 14, Zoning Code of the Iowa City Code related to clarification on code language in multiple sections. (ZCA18-00004) (Second Consideration) ATTACHMENTS: Description =additional Material - Memo to City Manager PZ Memo PZ Minutes Ordinance CITY OF IOWA CITY �_l MEMORANDUM Date: February 5, 2019 To: Geoff Fruin, City Manager From: Jesi Lile, Associate Planner, Neighborhood & Development Services Re: Amendment to Title 14, Zoning Code of the Iowa City Code related to Code Clean -Up items to address inconsistencies and clarify requirements (ZCA18-0004) Introduction At the City Council's Formal Meeting on January 22, Council requested more information on the Code Clean -Up amendment to address inconsistencies and clarify zoning requirements. Council raised concerns about the modification to section 14-413-46(22) related to alcohol oriented sales in CI -1 zones. Specifically, Council was concerned about alcohol sales expansions, the safety of alcohol delivery, and the current provisions on alcohol sales in the Intensive Commercial (CI -1) zone. This memo gives more information on the 2013 Ordinance that allowed for expanded uses in Intensive Commercial (CI -1) zones, a code comparison of currently permitted uses in Intensive Commercial (CI -1) and Community Commercial (CC -2) zones, and an explanation of provisions applicable to GoPuff in the current Intensive Commercial (CI -1) zone, as well as information summarizing the current State regulations of alcohol delivery (Attachments 1 and 2). It also provides information about the separation requirements that the City Code imposes on both drinking establishments (bars) that sell alcohol on site and retailers that sell alcohol for off - premises consumption. Discussion Alcohol Sales Oriented uses are defined in Section 14-4A-4(I)(f) as liquor stores; wine shops; grocery stores; convenience stores; and other retail establishments for which a class E liquor control license or wine or beer permit has been issued that allows sale of alcohol or alcoholic beverages in closed containers for off premises consumption. Sales Oriented uses are defined in 14-4A-4(I)(a) as stores selling, leasing, or renting consumer, home, and business goods, including, but not limited to, antiques, appliances, art, art supplies, bicycles, carpeting, clothing, dry goods, electronic equipment, fabric, flowers, furniture, garden supplies, gifts, groceries, hardware, household products, jewelry, pets, pet food, pharmaceuticals, plants, printed material, stationery, videos. Also includes retail establishments that have a cottage industry component, such as bakeries, confectioneries, upholsterers, artist/artisans' studios, and similar. Alcohol sales oriented uses and sales oriented uses are considered "retail uses" under the zoning code. Prior to 2013, the only retail uses allowed in the CI -1 zone were convenience stores associated with quick vehicle servicing uses; retail establishments that primarily sold building supplies, car supplies, etc; and consignment stores. The code only allowed alcohol sales from those businesses associated with gas stations. Hardware stores and consignment stores could not sell alcohol. In 2013, the zoning code was amended to allow all sales -oriented retail uses in the CI -1 zone under the same terms as those uses are allowed in the CC -2 zone. These changes were the result of an Ad Hoc Committee of private citizens appointed by the City Manager to review zoning January 31, 2019 Page 2 regulations in commercial districts, specifically related to the distinctions between CC -2 and CI -1 zones. The Committee determined that the use regulations in CI -1 zone versus the CC -2 zone were unduly constraining the market. They recommended that Council amend the zoning code to allow all sales -oriented retail uses in the CI -1 zone with the same standards and provisions as the CC -2 zone. Likewise, the Planning and Zoning Commission recommended Council amend the code to allow all sales -oriented retail uses under the same conditions as apply in the CC -2 zone. Although the zoning code was changed to expand the sales -oriented uses allowed, it did not delete the provisions limiting alcohol sales -oriented uses to only gas stations. This means that grocery stores and other dry goods stores are now allowed in the CI -1 zone, yet because of an oversight with the 2013 code change, they cannot sell alcohol. Only gas stations can sell alcohol. This amendment seeks to remedy that oversight in furtherance of the legislative intent behind the 2013 zoning code change. The Ad Hoc Committee concluded that allowing additional uses in the CI -1 zone such as restaurants, medical offices, and a wider variety of retail uses would allow sellers and buyers more freedom to choose their business locations based on their property needs and recommended that CI -1 zones be allowed certain CC -2 uses, such as drive-thru facilities, bars, restaurants, medical and dental offices, hotels and motels, personal services, religious and private group assembly, and sales -oriented retail "with the same standards and provisions called out in the CC -2 zone." CC -2 zones allowed alcohol oriented retail sales as a permitted use, but, due to oversight, this was not changed to a permitted use in CI -1 zones, and instead remained provisional with sales only being allowed at quick vehicle servicing stations, aka gas stations. Currently Permitted Uses: Intensive Commercial (CI -1) & Community Commercial (CC -2) While the CI -1 zone allows more quasi -industrial uses by right than the CC -2 zone, it also allows for many of the same commercial uses allowed by right in CC -2 zones. Table 1 shows the similarities and differences in what the two zones allow by right, provisionally, and through a special exception. Note the only differences in the retail uses are: the provisional uses of alcohol oriented sales in CI -1 zones, the provisional outdoor storage and display oriented retail in CC -2, and the provisional use of delayed deposit uses (payday loan services) in CC -2 zones. Table 1. Comparison of Permitted Uses in CI -1 & CC -2 (bolded type indicates differences) Use Categories Sub -Groups CI -1 CC -2 Residential Household living uses Group households PR Multi -family dwellings S Group living uses Assisted group living S Commercial uses: Adult business uses PR Animal related commercial uses General PR PR Intensive PR Building trade uses P PR Commercial parking uses Commercial recreational uses Indoor P P Outdoor P S Drinking Establishment PR PR Eating Establishment P P Office uses General office P P Medical/dental office P P Quick vehicle servicing uses PR/S PR/S Retail uses Sales oriented P P Personal service oriented P P Alcohol sales oriented PR P Repair oriented P P Hospitality oriented P P Outdoor storage and display oriented P PR Delayed deposit services PR Surface passenger service uses P P Vehicle repair uses PR S Industrial uses: Industrial service uses P Manufacturing and production uses Technical/light manufacturing PR PR General manufacturing PR PR Heavy anufacturing S Salvage operations Self-service storage uses P Warehouse and freight movement uses P Waste related uses Wholesale sales uses P PR Institutional/civic uses: Basic utility uses PR/S PR/S Community Service Uses General community service S P Community service -shelter S S Community service -long term housing PR/S PR/S Daycare uses PR PR Detention facilities S Educational facilities General S S ecialized S P Hospitals Parks & open sace PR Religious/private group assembly P P Communication transmission facility uses PR/S PR/S P = Permitted PR = Provisional S = Special Exception January 31, 2019 Page 4 Separation Requirements for Drinking Establishments in CI -1 and CC -2 Drinking establishments are defined in 14-4A-4F(2)(d) as: 1) establishments where the preparation, dispensing, and consumption of food and/or beverages is the principal activity, 2) the establishment is licensed by the state for the sale of alcoholic beverages for on-site consumption, and 3) the establishment is regularly open for business between midnight and 2am. Drinking establishments are provisional uses in both CI -1 or CC -2. In accordance with 14 -4B -4B(11), they are not allowed within 500 feet of each other in the University Impact Area or Riverfront Crossings District. This provision was put into place to limit the number of drinking establishments in certain areas, and to limit the expansion of sites where on -premises alcohol consumption was permitted. As you will note from the attached map, the CI -1 zone is primarily located outside the University Impact Area. Separation Requirements for Alcohol Sales Oriented Retail Sales In the Central Business Zones (CB -2, CB -5, CB -10), there is also a separation distance requirement to limit expansion of alcohol sales -oriented retail sales. They must be separated from each other by at least one -thousand (1,000) feet. This regulation does not apply to either the CC -2 or C-1, but rather, limits alcohol sales and the expansion of retail stores in the areas where such sales are the most problematic. Provisions Applicable to GoPuff Under Current CI -1 Regulations: GoPuff is currently considered a retail sales -oriented use, which is permitted in the CI -1 zone. It cannot sell alcohol, however, because it is not associated with a gas station. The current code provisions do not regulate alcohol delivery. Delivery of alcohol is regulated by the state. There are no applicable distance separation requirements for their business in this location. The regulation of alcohol sales oriented uses in CI -1 is inconsistent with the regulations of the CC -2 zone, where alcohol sales oriented uses are permitted by right. The proposed code amendment would allow retail sales oriented uses such as grocery stores and convenience stores to sell alcohol for off -premises consumption in the CI -1 zone as was intended by the 2013 ordinance. In addition, the amendment does not change the City Code's current approach to limiting the proximity of alcohol oriented uses and is consistent therewith. Attached is a map showing the current location of properties zoned CI -1, which are generally located along Highway 6 and Highway 1, south of the Iowa Interstate Railroad. The map also shows the current location of properties zoned CC -2 and the areas to which the separation distance requirements apply. [Attachment 3] . Attachments: 1. Information on Current State Regulations on Home Delivery of Alcohol 2. Iowa Code Section 123.46A 3. Map of Parcels zoned CI -1 & CC -2 and Separation Distance Requirements Home Delivery I Iowa Alcoholic Beverages Division Home Delivery August 2011 https:Habd.iowa.gov/education/legally-speaking/home-delivery During the 2011 session, the Iowa legislature passed Senate File 240. The legislation clearly defines how and when a licensed retailer can deliver alcoholic beverages to customers. Unopened containers of alcohol for personal use may be delivered seven days a week, until 10:00 PM. Both the individual making the delivery and the person receiving the product must be at least 21 years old. Proof of the recipient's identity and age, as well as their signature, are a condition of delivery. Here is a breakdown of what liquor licensees need to know prior, during and after delivering alcoholic beverages to customers: PRIOR TO DELIVERY Businesses wanting to deliver must hold a license that allows the sale of unopened containers of alcohol for off -premises consumption. Licensees may only deliver authorized products. For example, if a store has a beer and wine permit, they may not sell spirits for delivery. Alcohol can be delivered to customers' homes and other designated areas, such as a reception hall. If the place of delivery is a business or public venue, all applicable rules of the location must be followed. For instance, if a park does not allow alcohol consumption, licensees may not deliver to that park. All alcoholic beverages delivered must be for personal consumption and cannot be for resale in any way. As such, licensees are not allowed to deliver products to an event with a cash bar. WHEN TAKING ORDERS It is the responsibility of the licensee and its employees to ensure the purchasing customer is of legal drinking age. Payment for all alcohol being delivered must be received on the licensed premises at the time of the order. This can be in person or over the phone. Customers cannot pay for products upon delivery. Deliveries can be made seven days a week, with a Sunday sales privilege, until 10:00 PM. Deliveries may be made after 6:00 AM on Monday through Saturday and after 8:00 AM on Sunday. While orders may be accepted at any time during the legal hours of sale, it is the responsibility of the licensee to ensure all deliveries have been completed by 10:00 PM.4 1 The employee accepting an alcohol order for delivery must be at least 16 years old. DURING DELIVERY Deliveries must be made by an employee of the licensee. No third party deliveries are allowed. Alcohol must be transported in a vehicle owned, leased or under the control of the licensee. Deliveries may not be made in an employee's personal vehicle. '.0 The delivery personnel and the recipient of the alcohol must both be at least 21 years old. Upon delivery, the licensee's 1 of 2 1/23/2019,10:54 AM Home Delivery I Iowa Alcoholic Beverages Division 4 .j https:Habd.iowa.gov/education/legally-speaking/home-delivery employee must obtain proof of identity and age as well as the recipient's signature. It is illegal to deliver to an intoxicated person or an individual simulating intoxication. If a sale is made or delivered to a minor, the employee who accepted the order, the employee who made the delivery, and the license holder could potentially be charged with a sale to minor violation. The licensee is responsible for the actions of 46 all employees. The law does not restrict licensees from charging a delivery fee or delivery personnel from accepting tips. AFTER DELIVERY Businesses must keep a record of the recipient's name, signature and address, as well as the alcohol quantity delivered, for a period of three years. Licensees may develop their own record keeping form as long as it contains all required Information. It is up to individual store policy whether or not to accept returns on delivered unopened products. 2 of 1/23/2019,10:54 AM ALCOHOLIC BEVERAGE CONTROL, §123.46A 123.46A Delivery of alcoholic beverages by retailers. 1. Licensees and permittees authorized to sell alcoholic liquor, wine, or beer in original unopened containers for consumption off the licensed premises may deliver alcoholic liquor, wine, or beer to a home or other designated location in this state. Deliveries shall be limited to alcoholic beverages authorized by the licensee's or permittee's license or permit. 2. All deliveries of alcoholic liquor, wine, or beer shall be subject to the following requirements and restrictions: a. Payment for the alcoholic liquor, wine, or beer shall be received on the licensed premises at the time of order. b. Alcoholic liquor, wine, or beer delivered to a person shall be for personal use and not for resale. c. Deliveries shall only be made to persons in this state who are twenty-one years of age or older. d. Deliveries shall not be made to a person who is intoxicated or is simulating intoxication. e. Deliveries shall occur between 6:00 a.m. and 10:00 p.m. Monday through Saturday, and between 8:00 a.m. and 10:00 p.m. Sunday. f. Delivery of alcoholic liquor, wine, or beer shall be made by the licensee or permittee, or the licensee's or permittee's employee, and not by a third party, g, delivery personnel shall be twenty-one years of age or older. h. Deliveries shall be made in a vehicle owned, leased, or under the control of the licensee or permittee. i. Valid proof of the recipient's identity and age shall be obtained at the time of delivery, and the signature of a person twenty-one years of age or older shall be obtained as a condition of delivery. j. Licensees and permittees shall maintain records of deliveries which include the quantity delivered, the recipient's name and address, and the signature of the recipient of the alcoholic liquor, wine, or beer. The records shall be maintained on the licensed premises for a period of three years. 3. A violation of this section or any other provision of this chapter shall subject the licensee or permittee to the penalty provisions of section 123.39. 4. Nothing in this section shall impact the direct shipment of wine as regulated by section 123.18'1. 2011 Acts, ch 30, §5 Fri Dec 22 14:01:26 2017 Iowa Code 2018, Section 123.46A (13, 0) - Inte 1 Iowa CLimits ity Corporate IV011.1iole Ila. I lArl A! INTERSTATE 80 � r � CI IY OF IOWA CITY 1 1 i i i i LC 1.._.._ r 51 1 1 1 In CB Zones, separation distance of 1,000 feet required between alcohol -oriented retail sales uses " In University Impact Area and Riverfront Crossings, separation distance of 500 feet required between drinking establishments 1� r 1 CITY OF IOWA CITY 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 serves to eliminate 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 Riverfront 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 design 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 building expansion of less than 500 feet in a general education facility, but a different section allows such additions by -right. The proposed amendment addresses this inconsistency by removing the minor 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 build 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 CI -1 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 uses 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 CC -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 also provides a way for developers to get parking 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 requires 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 match 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 14-113-1E 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 Planning and Zoning 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 METFe 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: 4 C`Irlew;;Ik C;;fec flecion re iie ni is re`vi aired for all sidewalk nafec Io` ;;UQd in Oho P61bliG right of w iursueo4 tG the orov060oo Of e 1 Q Ghapte- Q 0 Gernmernial Use RiQe;Aic'mi$", Of thiG`voce- 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 14-213-6, "Multi -Family Site Development Standards", of this title. (See central planning district map located in section 14-213-6 of this title.) 95. 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 14-213-6, "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. 4815. 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. 416. Modifications to the site development standards contained in section 14-2C-6, 14- 2-7, 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) 4-817. 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) 4818. 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) 2819. Freestanding signs in the CB -2 zone, according to the approval criteria and specifications as stated in section 14-513-8, table 513-4 of this title. (Ord. 08-4319, 11-3- 2008) 2420. 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, 7-12-2010) 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) 2822. 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) 2423. 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 14-413-413, Commercial Uses, as follows: 222-a. 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 shall pay the entire fee at - rip or to the issuance of the building permit_ nr may oleGt +„ pay the foo it throe (3) e911al a1,1,11a1 hi 101dinn Permit If the foo Peder elent9 to nasi the foo in throe (3) annual i Psta"AAepts the fee r\rn ier shell evenl l+e ars alrreemep+ v4i+h the ni+y hefere +he of the rem aininn in9tallment9 to he Paid- and al9n 9et9 fnr+h +h a+ 11nnn GG-.Rfirmeti G -R by the lewa Gity f1NaRGe depaFtmeRt that the fee payer hes fee halanne to the Inhn9nn GG 1nty a99e99nr a9 a lien 11nnn the premises fnr 4.4hv+h +he hi iild!Rg Permit 44a9 09 -39 -31 -led. Said lien 4.4ill not nreGI61de the nit y from n11r611iRg re GGVeFy of the fee by ether legal er eq litahle remedies Amend 14 -5A -5C, Parking And Stacking Space Size, as follows: C. Parking,. -A -Rd 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 hex 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 hex dwelling unit with a maximum of five (5) bedrooms provided to guests who stay for periods not to exceed fourteen (14) consecutive days. caf6. The design of the canopy shall be approved by the City. The area underneath the canolz shall be under the control of the establishment and is subject to the annual fee. a gin 3. Additional restroom capacity may be required to comply with local building and housing codes. 4. Occupancy limits are determined as set forth in the City building 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 (5) in a clean and Jitter free manner during all hours of operation. 8. All sidewalk cafes must meet the accessibility standards of City, State, and federal law. EasemenLA_greement 1111 11 1111111111 1!1!111:1 111 11111 11111piIIIIIIIIIIIIIIIIII 11111p 11 Pill 11 111111 3. The agreement shall include provisions for insurance, indemnification, fencing, maintenance, including vegetation and the subsurface if applicable, and any other reasonable #Tovision as determined by the City Manager, or designee. 5. Except for cafes located on the street, the agreement shall be issued from FebruarvIE through January 31. The initial agreement may be less than the one year, but shall expire January 31 , I N Fencino (For Cafes Not on the Street ®rt 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 normal condition as a pedestrianway. a. The planters shall, at the cafe owners option, be either fastened to each other or rziT,*vzV lttc� lfiOFT 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. 7. Rotwithstanding 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 requirt anchored fencing beginning in 2018. I'M lff-11-3�T-YWVX-Rk�j VAIPW47TW7 1, encompassing, or relocation of a public amenity on the condition that th-* 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. 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. 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. R . 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 buildin;t lines extended with the consent of thosejcjrq�;� owners and first floor tenants_U-:uy 4. The cafe owner shall pay all costs associated with the cafe including, but not limited to, the cost to move water mini and water i -JALJH*-VA grolce * RHOVe 940 D1.91 -iV-8-t9tk!LJL 5. The City may require the caf6- owner to add plantings within the caf6i area at the caf& twirier's cost. 6. 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 lottery will be used. If a caf6 owner enters into an easement agreement with the City, said ca �%341§1904Ct 2XANV4��10 2 WO�(Wi -1 - --- - . caf6 seasons assuming that the City continues to authorize cafes in planters. CaM owners need to obtain the consent of adjacent property owner(s) and first floor tenant(s) only before 151 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 caf6 owner. Cafd owners with easement agreements for the 2012 caf`6 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. Platform For Cafes Not on the Street) 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 (T) in height, measured from the plane on which the chair sits to the top of the railing, excluding finials. 1. An establishment cannot operate a caf6 in the street if there is sufficient room on the sidewalk for a cafd 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 caf6 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 term sidewalk caf6 area does not include the 4 -foot buffer. 3. The sidewalk caf& 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. 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). 7. The portion of the caf6 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 drainag(; in the street gutter. 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, 9. 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. 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 caf& located on the street and any portion that is llt,e III! *w-r�+Ta si1er.-4 ", thm4aXy fte fte &aet, A-aek�ng.-;5-,tatt Tesgay-dl&as ,ei th&-en-r*Lx-'K-#f the parking space that the caf6 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: - - - - - - - - - - - - - - - - - - - - - - - cleare 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. 111 111,111111 IIII'll 11 Jill I III I III I 1 11 L I I I * February 1. In order to be eligible for the lottery, an application with a preliminary (n drawn by a professional) schematic diagram must be submitted by this dat Applications received after February 1 will be considered on a first come, first se basis and will be denied if there is no available space. * Februarythere are competing applications, staff will notify the applicants by th date whether they have been selected to enter into easement agreements. Compet i in t h applications mean when there are applications for more than 30% of the parking spac within a block face. The City will conduct a lottery to select applicants. 11 * March 15. The applicant must sign an easement agreement by this date, which dependent upon staff approval of its schematic diagram (drawn by a professional) a payment of all fees (except the parking space fee that will not be known until t 6 platform is installed). If an applicant does not meet the March 15 deadline, staff will notify the next applicant that it is eligible for a caf6 on the street. fS 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 caM owner enters into an easement agreement with the City, said caf6 owner will have priority over subsequent applicants for a caf`6 within the same 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 caf6 owner. 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 caf6 that is not inconsisten with this policy or the City Code. WIM 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 structure/platform (including cement platform) placed on the public right-of-way: $10.00 per square foot. 6 SIMMONS; I 111SO77-MMMOITM "- h 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. 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 ftetermine if additional bollards are needed. ill MIN Mill Mill I ! I ! 1 11 !11 1 FR 0 Section 10-3-3 of thq 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 caf& without executing an easemenj 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 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 h2mr.44"T's 2.-J-U-Mle 2 XK2�Wky 2*;:05 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. 1. 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. ' ffi. 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. N 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 CI -1 Zone, such as restaurants, medical offices, and a wider variety of retail uses would not have a significant negative effect on CI -1 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 CI -1 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 -land 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 CI -1 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; o Designate Personal Service -Oriented Retail Uses as "Permitted Uses" in the CI -1 Zone; o Designate Hospitality -Oriented Retail Uses as "Permitted Uses" in the CI -1 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 14-413-413-11, Specific Approval Criteria for Provisional Uses and Special Exceptions for Drinking Establishments and substitute in lieu thereof: Ordinance No. 13-4990 Page 2 11. Drinking Establishments in the CH -1, CIA, CC -2, CB -2, CB -5, CB -10 Zones Within the University Impact Area, as illustrated on Map 213.1 within Section 14-2B-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 14-413-46-18, and renumber subsequent paragraphs accordingly. D. Delete Table 4C-1 within subsection 14 -4C -2K, Accessory Uses and Buildings Specific 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. CH -1 Permitted Drive through lanes must be set 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 Standards). CN -1 Zone Limited to facilities that are accessory to financial Special exception required. See additional institutions and pharmacies. approval criteria listed below. Maximum of 2 lanes allowed for a financial institution; Maximum of 1 lane allowed for a pharmacy CI -1, CC -2 and CB -2 Permitted by special exception Special exception required. See additional Zones approval criteria listed below. C13-5, CB -10 Zones 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 17th day of September , 2013. Ordinance No. 13_4550 Page 3 ATTEST:"' CI CLERK Appr ved by City Attorney's Office /. , 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, Dobyns, 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 9/26/2013 Planning and Zoning Commission December 20, 2018 Page 5 of 8 Signs questioned how this area would be zoned Highway Commercial in the first place. Russett is unsure. Hensch opened the public hearing. Seeing no one he closed the public hearing Parsons moved approval of CZ18-00003 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. Signs seconded the motion. Hensch noted there doesn't seem to be anything controversial about this application, it seems logical. A vote was taken and the motion carried 6-0. (Townsend absent) ZONING CODE AMENDMENT ITEM (ZCA18-00004): Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to minor amendments to address inconsistencies and clarify requirements. Russett noted over the past several months staff has kept a list of minor amendments that need to be made to the zoning code. 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. The proposed ordinance would result in six minor amendments related to design review of sidewalk cafes, minor modification for general educational facilities, alcohol sales in intensive commercial zones, payment of in -lieu fees for parking reductions, parking drive widths, and definitions for "Bed and Breakfasts". With regards to the design review of sidewalk cafes, they are currently allowed in the Central Business District and within Riverfront Crossings. The Code currently requires these are subject to Staff design review. After the City started allowing sidewalk cafes, they developed a sidewalk cafe policy and sidewalk cafe regulations. These policies and regulations address requirements such as safety and consistency with the existing context of the neighborhood so design review is no longer needed. Therefore the proposed amendment would remove the design review requirement for sidewalk cafes and eliminates that current inconsistency. The next amendment is related to minor modifications needed for general educational facilities. General educational facilities are grade schools, high schools, anything below the university level. Currently there is an inconsistency in the Code where one section states a minor modification is needed for a building expansion of less than 500 square feet for a general educational facility and then there is another section of the Code that says these small expansions are allowed by right. The proposed amendment is to allow these small additions without a minor modification to eliminate this inconsistency, which would also make the process Planning and Zoning Commission December 20, 2018 Page 6 of 8 easier and more streamlined for these small improvements. The next proposed change is related to alcohol oriented sales in the intensive commercial zones. Currently the Code only allows alcohol sales in the intensive commercial zone if it is associated with a gas station. In 2013 there was an ordinance amending the uses permitted in the intensive commercial zone to be more similar to uses allowed in community commercial zones. With that amendment the intensive commercial zone (CI -1) allowed restaurants and bars, medical and dental offices and sales oriented retail but through that amendment it did not address alcohol sales specifically. This was recently brought to the attention of Staff because they received an application from a delivery service business that requested a liquor license in an intensive commercial zone, but it would not be a gas station so they were not allowed a liquor license. Staff feels this was an oversight when the Code was amended in 2013 not to address alcohol related sales. The proposed amendment would remove the provisional use criteria in the intensive commercial zone and allow those as a permitted use and clarify the intention of the ordinance of 2013. Next is alternatives to the minimum parking requirements, currently the Code outlines provisions for parking reductions in the Downtown and Riverfront Crossings Parking District. These parking reductions, if approved, require the developer pay a "parking in -lieu fee" and the Code allows the fee to be paid in either one installment or three annual payments. Typically the City requires payment of other fees prior to the issuance of a building permit, so the three annual payment option has caused some inefficient staff time because it is not consistent to how the City treats other fees. With the proposed amendment Staff is proposing to eliminate the option of the three annual payments and to require payment prior to issuance of a building permit bringing the fee collection in line with other City fee collections. The next amendment is related to parking and stacking space size. Currently the Zoning Code specifies drive width for surface parking lots but it does not specify drive widths for structured parking. The proposed amendment would clarify the drive width standards for surface parking also apply to structured parking. Lastly, definitions related to "Bed and Breakfasts", there is also another inconsistency in the Code where the definitions in the zoning code currently states that both "Bed and Breakfast Homestays" and "Bed and Breakfast Inns" are allowed in duplexes and another section where it states these are only allowed in single-family residences. 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. Staff recommends that the Planning and Zoning Commission recommend adoption of the draft ordinance by the Iowa City City Council. Signs asked what the difference is between "Bed and Breakfast Homestays" and "Bed and Breakfast Inns". Russett explained it is the number of occupants, a Homestay is smaller than an Inn. Baker asked about the alcohol sales amendment, noting he is always curious where a change request comes from (i.e. staff or an applicant), and asked if the GoPuff delivery business is already in operation. Russett confirmed it is in operation. Hektoen noted the business does not have a liquor license, they are operating under their business model. Baker stated then they Planning and Zoning Commission December 20, 2018 Page 7 of 8 opened business knowing they were not allowed to sell alcohol under the current zone. Russett said they did not realize it because they did apply for a liquor license. Baker asked about the provision for liquor to be allowed to be sold in gas stations, if that was changed in 2013. Russett said the ability for gas stations to sell alcohol was prior to 2013, the amendment in 2013 expanded the uses allowed in intensive commercial zones, but this particular use was not addressed. Baker asked if this has ever been an issue before for any other business and Russett is not aware of another situation. Baker stated he has a problem with this amendment, he has no problem with the way the ordinance is arranged now making it provisional for a very narrow set of businesses, he does not see a compelling reason to expand the availability of liquor licenses in these zones. He understands this amendment is part of a multi -amendment agenda item and he will not vote against the overall changes, he just wanted to go on record that if this was an independent amendment he would oppose it as he sees no reason to change how the regulation is written now. Hensch asked where the GoPuff Delivery business is located, Russett was unsure of the address off hand but showed a zoning map and noted the gray areas are the intensive commercial areas. Hensch opened the public hearing. Seeing no one, Hensch closed the public hearing. Signs moved to recommend approval of ZCA18-00004 Amendments to Title 14, Zoning of the Iowa City Code related to minor amendments to address inconsistencies and clarify requirements. Martin seconded the motion. Hensch stated he does not have a problem with any of the amendments, he finds it ironical the only place one can purchase alcohol is in an establishment designated for motor vehicles, noting the irony. Signs asked if Baker's general objection is to expanding the sale of alcohol. Baker confirmed. Hensch acknowledged staff for going through and cleaning up the Code and noting inconsistencies. A vote was taken and the motion carried 6-0. (Townsend absent) CONSIDERATION OF MEETING MINUTES: OCTOBER 18, 2018 Baker was absent from the meeting so had questions on the overall discussion of trade-off and bonuses given for preservation could be delegated to other certain zones, he didn't see any discussion of any specific zones. He agrees with the overall concept but wondered about discussion if a specific zone was more or less applicable for designation to the transfer. Hensch said it was not discussed in that way, the concerns were being able to transfer within that district or to other districts. Russett said the developer can request either a transfer of density or height. 10'e" Prepared by: Jest Lile, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 ORDINANCE NO. Ordinance amending Title 14, Zoning Code of the Iowa City Code related to clarification on code language in multiple sections. Whereas, the City of Iowa City aims to make its zoning code as clear as possible; and Whereas, from time to time, zoning ordinance provisions are reviewed to make sure they are clear and consistent; and Whereas, upon a review of the zoning ordinance several amendments are necessary to address inconsistencies; and Whereas, an amendment is needed to clarify that design review is no longer required for sidewalk cafes due to existing guidance provided in Resolution 16-328 and Municipal Code Section 10-3-3; and Whereas, a change is recommended to clarify that storage facilities and additions on general educational facilities of less than 500 square feet may be permitted by -right; and Whereas, an amendment is needed to allow alcohol sales in Intensive Commercial (CI -1) zones to better align with Ordinance 13-4550, which amended the zoning code to allow for broader uses in CI -1 zones similar to many of the uses allowed in Community Commercial (CC -2) zones, such as restaurants and bars, medical and dental offices, sales -oriented retail and more; and Whereas, a change is recommended to eliminate the option of three annual installments for payments of parking in -lieu fees and instead require one full payment to match existing fee collection processes; and Whereas, an amendment is recommended to clarify the minimum drive widths for structured parking areas; and Whereas, a change is needed to clarify that "Bed and Breakfast Inns" and "Bed Breakfast Homestays" are only allowed in single-family dwellings; and Whereas, to address each issue described above, changes in the zoning code are necessary; and Whereas, it is in the City's best interest to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Title 14 of the Iowa City Code is hereby amended by deleting the strikethrough text, adding the underlined text, and renumbering the subsequent paragraphs accordingly: Amend Table 2C-1: Principal Uses Allowed in Commercial Zones, as follows: Table 2C-1 Categories Subgroups [CO- 7N- [CH. Cl- 2C- Y [CCFB- C MU Residential uses: -F-F-177-17-17 .�F Household living uses Detached single- family dwellings FFFFFFFFr I dDetached dlot line wellings dwellings i Attached single- family dwellings FFFFFFFF PR Duplexes [7777-17-1— PR i Fup eholds GroPR PR PR PR PR PR PR Multi -family PR PR S PR PR rdwellings usesp living 9sosuspted living Independen t group living ���� I group Fraternal F������� living Commercial uses: -7-17-17-1-177- bAdult usiness uses Anima General S PR PR PR PR PR related �-- commercial Intensive —�---- PR [- uses tradeluses F-777— PR FFFI Commercial 'parking PR PR PR uses Com ernal Outdoor F _ - - - I recreational uses' [��rrW PR—��� ��-- Drinking stablishment /PR rl�Rrr�— �s, !�F sEatingrs stablishmen Offic General office ���--- Medical/den tal office P PR P P P P P P P Quick vehicle F-F�����F S PR PRI PR/ PR/ rPJservicing uses Retail uses' Sales oriented i Personal service P PR P P P P P PR oriented i Alcohol PR PR Pte— P PR PR PR PR sales P or retail oRepair riented Hospital i�ty�R oriented retail r— Surface passenger service uses Vehicle repair uses Industrial I uses: Industrial service uses Manufacturin g and production uses Salvage operations r Self-service storage uses F— Warehouse and freight movement uses r— Waste related uses orP eand yed r Delayed deposit service uses FFFF PR FFFF P P P P P cal/li acturi Fng FFF PR PR PR PR PR F ng manufactureneralHea PR PR ngnufacturi F F-F F-[-[-F-F-F-F-F- F I F-FFF P FF FF F F 4 Wholesale����� PR PR PR PR sales uses Institutional and civic uses: Basic S� S� S S� S� S�r rRI Gene SCommunity service community �rrsrr uses servicers I Communityrl —Fr[ PR service - rrr shelter i Community PR/ PR/ PR/ PR PR service - S S S long term FF FF housing DaycarePR PR PR PR PR PR PR PR PR uses 'facilities ���—�F-17F Educational facilities General PR 17—[ � P �� PR Specialized P PR S P P P P PR Hospir tals PR F������ :Parks 'open PR PR PR PR PR PR PR space �� uses rReligious/priv PR P P P P P PR ate group assembly uses Other F---F-1—F—F—F—F—F—F— Communicati 'facility PR/ PR/ PR/ PR/ PR/ PR/ PR/ PR/ PR on S S S S S S S S transmission uses Amend 14 -3C -2A, Designated Areas, Buildings, and Structures, as follows: Projects located in the following areas are subject to the design review process: PUbliG Fight of way puFsuant to the PFQIJi6iGR Of title 19, Ghapt8F 3, "GQFAMQFGiAl I ISA 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 14-213-6, "Multi -Family Site Development Standards", of this title. (See central planning district map located in section 14-213-6 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 14-28-6, "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-1 A, 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. .. .. .. 4615. 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. 4716. Modifications to the site development standards contained in section 14-2C-6, 14- X-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. 064220, 7-18-2006) 4817. 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. 074247, 1-9- 2007) 2019. 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. 084319, 11-3- 2008) 2420. 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. 104397, 7-12-2010) 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) 2322. 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) 2423. 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 14-26-4 of this title. (Ord. 18-4744, 4-2-2018) Amend 14-4134B, Commercial Uses, as follows: 22 n1rahril Qelec Oriented RAW' In The CI 1 7 2223. 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) 2324. 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 away shall pay the entire fee rior to the issuance of the building permit., 9F may eleet to pay the fee On three (3) equal annual Amend 14 -5A -5C, Parking And Stacking Space Size, as follows: C. Parking,. -And Stacking Space Size, And Drive Dimensions: ON III# Mll -01 Amend 14 -5A -5C, Parking And Stacking Space Size, as follows: C. Parking,. -And Stacking Space Size, And Drive Dimensions: 7. Drives: A drive providing access to any parking area, either structured or surface, with more than eighteen 08) 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, Design and Layout of Surface Parking Areas, as follows: Except for parking for single-family and two-family uses, all parking and stacking spaces, aisles and drives must be designed as follows: 34. Circulation: Parking areas must be designed to promote safe and convenient pedestrian, bicycle, and vehicular circulation according to the following standards and the standards of the base zone in which the property is located: a. Parking areas must be set back from rights of way and abutting properties and properly screened from view as specified in the applicable base zone regulations. b. The drive(s) on a property should be designed to facilitate vehicular circulation and connect street access points to parking areas, loading and unloading areas, drive- through facilities, and other vehicular use areas on a lot or tract. In general, drives should not be used as aisles. However, the city may allow parking spaces along a drive in situations where vehicular and pedestrian safety will not be compromised. When determining the length and location of drives and the configuration of parking spaces and aisles, the city will consider such factors as: (1) Size and shape of the parking lot. Large parking lots with multiple aisles of parking may need a system of separated drives to facilitate traffic circulation; parking spaces should not be located along main circulation routes where traffic speeds may be higher, but may be allowed in lower traffic volume areas. In small parking areas, circulation drives may not be necessary. (2) Proximity to street access points. Parking spaces should not be located so as to impede vehicles entering or exiting the site. The throat length of drives at street access points must be sufficient in length to provide the necessary vehicle stacking based on the anticipated traffic volume. Parking spaces and aisles will not be allowed in close proximity to the necessary driveway throats, as determined by the city. (3) Proposed use of the drive. Parking spaces should not be located so as to impede drive-through lanes, loading and unloading areas, or higher volume delivery or truck circulation routes. c. To control vehicle speeds and facilitate traffic safety and circulation, drives must be separated from parking aisles by landscaped medians and islands as illustrated in figure 5A.4 located at the end of subsection H5 of this section. d. When used, medians should be at least four feet (4') in width and be landscaped. If a median contains trees, it should be at least eight feet (8) wide. If medians are intended for pedestrian circulation they should be approximately twelve (12) to twenty feet (20) wide to accommodate a walkway and shrubs and/or trees to buffer pedestrians from surrounding vehicle areas. e. To guide turning vehicles, maintain sightlines, and protect vehicles at row ends, the free end of all parking aisles must be capped with a landscaped terminal island as illustrated in figure 5A.3 below. In the CN -1 zone, at least one shade tree must be provided within each terminal island. 45. Partition Of Large Parking Areas: Surface parking areas that are larger than forty five thousand (45,000) square feet or that have any perimeter dimension greater than three hundred feet (300') must be divided into smaller, connected lots to slow traffic movement, improve pedestrian safety, and reduce the visual impact of large parking areas. The following design techniques must be utilized to meet this standard. These design techniques may also be utilized as a means of meeting the pedestrian circulation standards of the base zone. (See figure 5A.4, located at the end of this subsection H5.) a. Divide the parking into separate areas with the use of drives and landscape medians. These "separate areas" should have no dimension greater than approximately two hundred feet (200'). b. The parking layout should ensure that no aisle of parking is longer than approximately two hundred feet (200') without being end capped and crossed by a drive or landscaped median. c. Some parking areas may not easily accommodate the techniques described above, such as long and narrow parking lots, so other options may be approved by the director of planning and community development, such as the use of landscaped islands to interrupt parking aisles and provide opportunities for pedestrian crossings. Figure 5A.4 - Partition Of Parking Lots/Separation Of Aisles And Drives Amend 14-9A-1, General Definitions, as follows BED AND BREAKFAST HOMESTAY: An accessory use within an owner occupied, single-family er duplex 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 OF duplex dwelling unit with a maximum of five (5) bedrooms provided to guests who stay for periods not to exceed fourteen (14) consecutive days. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. 10 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 no adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval, and publication, as provided by law. Passed and approved this day of 2019. Mayor Approved b ` Attest: C�.(GC. City Clerk City Attorney's Office 1 J/7//4 11 Ordinance No. Page It was moved by and seconded by_ Ordinance as read be adopted, and upon roll call there were: Cole Mims Salih Taylor Teague Thomas Throgmorton that the First Consideration 01/22/2019 Vote for passage: AYES: Taylor, Teague, Thomas, Throgmorton, Mims, Salih. NAYS: Cole. ABSENT: None. Second Consideration _ Voteforpassage: AYES: Taylor, Teague, Thomas, Throgmorton, Salih. NAYS: Cole. ABSENT: Mims.. 02/05/2019 Date published -M MELROSEAVE h� r8 INTUZSTATE90 i� n,Ai4Roqc,'� k3 - Intensive Commercial (CI -1} - r Community Commercial (CC -2) CB -2. CB -5. CB -10' University Impact Area" Riverfront Crossings*' Iowa City Corporate Limits NIIIIII� I CITY OF " In CB Zones, separation distance of 9,000 feet required be%veen alcohol -oriented retail sales uses " In University Impact Area and Riverfront Crossings, separation distance of 500 feet required between drinking establishments Item Number: 13. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Ordinance amending Title 17, Chapter 1, Building Code, by adopting the International Building Code, 2018 edition, including Appendix K, and the International Residential Code, 2018 edition, including Appendix F and Appendix J, and providing for certain amendments thereof; adopting section 103.6(1)(a) of the Code of Iowa (the state electrical code) and section 105.4(1)(a) of the Code of Iowa (the state plumbing and mechanical codes); to provide for the protection of the health, welfare and safety of the residents of Iowa City, Iowa. (Second Consideration) Prepared By: Danielle Sitzman, Development Services Coordinator Reviewed By: Tim Hennes, Senior Building Inspector Sue Dulek, Assistant City Attorney Fiscal Impact: None Recommendations: Staff: Approval Commission: The Board of Appeals, at their public meeting on December 20, 2018, voted to recommend approval of the proposed model codes as amended. Attachments: Memorandum from Tim Hennes, Senior Building Inspector to Board of Appeals Letter from Home Builder's Association Minutes from December 20, 2018 Board of Appeals meeting Executive Summary: The City regulates the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy of residential and commercial structures through the adoption of building codes. This is accomplished, in part, through the adoption of the International Code Council's model I -Codes which are published on a three-year cycle. The proposed ordinance includes the most recent edition of the model codes along with local amendments. The Board of Appeals, at their public meeting on December 20, 2018, voted to recommend approval of the ordinance as proposed. The adoption of the proposed code is supported the Greater Iowa City Area Home Builder's Association (HBA). Background /Analysis: A model building code is a building code that is developed and maintained by a standards organization independent of the jurisdiction responsible for enacting the building code into law. A local government can choose to adopt a model building code as their own. This saves local governments the expense and trouble of developing their own codes. The International Codes, or I -Codes, are model codes published by the International Code Council (ICC) and developed by ICC Members to provide minimum safeguards for homes, buildings and other structures. ICC uses a governmental consensus process to develop its codes. The City of Iowa City is a voting member of this organization and participates in national code development. Based on building science, technical knowledge and past experiences, model building codes provide protection from man-made and natural disasters, guard public health and reduce property losses. The State of Iowa imposes a combination of state required codes and locally adopted codes upon local jurisdictions. As part of the last code update in 2015, the City has amended its codes to conform to State regulations requiring all local jurisdictions to adopt the State Plumbing, Mechanical, and Electrical Codes. The State also adopts a version of the International Energy Conservation Code (I ECC) which is required to be enforced for all occupancies state wide by local government enforcement agencies. Local jurisdictions have the option of adopting the remaining state adopted International Building Code (IBC) and International Residential Code (IRC) codes or a stricter code as determined by the jurisdiction. The proposed ordinance continues to adopt the required State codes and locally amended versions of the I BC and I RC model codes. The attached memo from Tim Hennes, Senior Building Inspector as presented to the Board of Appeals highlights the notable changes between the 2015 and 2018 model codes and the local amendments. Very few significant changes were included in this code cycle. Many of the proposed local amendments simply maintain existing practices. The proposed changes were presented to the Legislative Committee of the Iowa City Home Builder's Association (HBA) on December 18th. The HBA has provided a letter in support of code adoption as amended. Adopting the 2018 1 BC and I RC codes with amendments as proposed will maintain consistency with national, state and surrounding jurisdictions, allow designers and builders uniform standards for design, provide protection from man-made and natural disasters, guard public health and reduce property losses. ATTACHMENTS: Description Memo Letter from HBA Ordinance CITY OF IOWA CITY Date: December 14, 2018 To: Iowa City Board of Appeals MEMORANDUM From: Tim Hennes, Senior Building Inspector Re: Notable Changes Contained in the 2018 Edition of Building Codes. Following are significant changes made by local amendments and notable changes between the 2015 codes and the 2018 codes. Building Codes The majority of amendments to the building codes are for clarification of a code requirement, to reflect local practices that have evolved from previous building codes and their amendments and to remain consistent with the Fire Code as amended. Following are notable changes or proposed new amendments: Table R301.2(1): Modification to include Manual J criteria on design tables. Comment: Additional information is included on the table to aid the HVAC contractors in designing and sizing the mechanical equipment based on climatic and geographic design criteria based on local conditions. Section R302.5.1: Delete the requirement that requires house to garage doors to have self-closing devices. Comment: The amendment to delete the requirement maintains current requirements. The amendment does not prohibit someone from installing such device. Section R302.13: Delete the requirement to protect the underside of floor/ceiling assemblies in unfinished basements. Comment: This amendment eliminates the requirement to drywall the ceiling or sprinkle an unfinished basement ceiling. The amendment to delete the requirement maintains current requirements. The amendment does not prohibit someone from installing such protection. Section R312.2 (IRC) & 1015.8 (IBC): Delete the requirement to install guards on operable windows that are located less than 24" above the floor and more than 72" above the finish surface on the exterior of the building. Comment: The amendment eliminates the requirement to install guards on all operable windows that meet specified location criteria. The requirement is not consistent with other guard location criteria requirements and could conflict with emergency and escape window opening requirements. The amendment to delete the requirement maintains current requirements. This amendment does not prohibit the installation of fall protection devices on windows. Section R313: Delete the requirement to install a fire sprinkling system in one- and two-family dwelling and townhouses. Comment: This amendment eliminates the requirement for structures regulated by the IRC have an automatic fire suppression system installed. The amendment to delete the requirement maintains current requirements. The amendment does not prohibit the installation of a automatic fire suppression system. Section R314: Delete the requirement to interconnect smoke alarms when a home is being altered, repaired or an addition is added. Comment: This amendment eliminates the requirement for smoke alarms to be interconnected when a home is being altered, repaired or an addition is added. Previous codes have not required this extensive of an update and eliminating the requirement does not forgive the requirement to install battery operated smoke alarms when alterations, repairs or additions. The amendment to delete the requirement maintains current requirements. The amendment does not prohibit someone from installing such protection. Section R320.2: Maintain eight provisions to implement universal design features that provide accessibility, usability and visit -ability for all. Comment: The amendment applies only to new dwelling units and is not required for existing structures for repairs, alterations, change of occupancy or additions unless the square footage of the addition is more than 25% of the existing structure, then, the addition must comply. The minimum usability requirements are as follows: 1. Step -less Entrance: At least one entrance must be designed to provide a step -less entry. 2. Interior doors: At least one bedroom and one bathroom, if either are provided, and all other passage doorway header widths, on the level served by the designed step -less entrance, must be framed to accommodate a minimum 38" clear rough opening. The framing for the doorway width opening may be reduced to accommodate any door size. 3. Sanitation facilities: There must be at least one bathroom containing a water closet (toilet) and lavatory (sink) on the level of the dwelling to be accessed by the designed step -less entrance. The room shall have a minimum thirty inches (30") by forty-eight inches (48") clear floor space at the water closet and lavatory. 4. Wall Reinforcement: A bathroom must be provided with wood blocking installed within wall framing to support grab bars as needed. 5. Decks: All exterior decks and patios surfaces adjacent to the level served by the designed step -less entrance must be built within four inches (4") of the dwelling units finish floor level. 6. Switch and outlet re uirements: All wall switches, controlling light fixtures, tans, a temperature control devices and all receptacles shall be located in an area between fifteen (15) and forty-eight (48) inches above finished floor. 7. Electrical panel requirements- : Electrical panels on the level of the dwelling to a ---accessedy the designed step -less entrance shall be located so that the individual circuit breakers are located between 15" and 54 " above the floor. 8. Garages: Must be wired for power operated overhead doors Section R326: Delete Section R326 Swimming Pools, Spas and Hot Tubs. Comment: This section was moved to the body of the code from the appendix in the previous code cycle. Deleting it results in no change of enforcement for pools, spas and hot tubs. They are still regulated by the electrical and zoning code. Section G2415.3: Eliminates the requirement prohibiting gas piping to not extend through any townhouse unit other than the unit served by such gas piping. Comment: Amendment is consistent with the mechanical and fuel gas code with regard to gas piping being installed through dwelling units. Zero lot -line units will still be required to have separate services but single structures that contain multiple units will be allowed to have the gas piping extend through other units. This is consistent with how gas pipe is installed now and in the past. Appendix J (IRC): Existing Buildings and Structures: (1 & 2 family residential) Comment: The purpose of these provisions is to encourage the continued use or reuse of legally existing buildings and structures. These provisions are intended to permit work in existing buildings that is consistent with the purpose of this code. Existing Building Code (multifamily and commercial) Section 102.6 in the International Building Code directs us to the International Existing Building Code (IEBC) for existing structures. Comment: The IEBC allows and encourages the use and reuse of existing buildings while requiring reasonable upgrades and improvements for alterations, repairs, additions, occupancy change, historic and relocated buildings. Energy Code Adopt by reference the State Energy Code: Comment: The State of Iowa adopted the 2012 International Energy Conservation Code (IECC). Referencing the state energy code provides consistency for designers and builders. Tentative schedule for the state to adopt the 2018 IECC is mid 2019. Accessibility Code Adopted by reference the State Accessibility Code: Comment: The State of Iowa Accessibility Code is based on the 2010 ADA Standards for Accessible Design and requirements of the federal Fair Housing Act. Adopting the state accessibility codes by reference provides consistency for designers and builders. Plumbing Code Adopt by reference the State Plumbing Code: Comment: Iowa Code Section 105.4 requires local jurisdictions to adopt the State Plumbing Code. The Iowa State Health Department, as administered by the Plumbing and Mechanical Systems Board, by law adopts the current edition of the Uniform Plumbing Code (UPC) within six months of publication with a few amendments. Tentative schedule for the state to adopt the 2018 UPC is 1St quarter of 2019. Section 422.2.1 of the UPC: Amend to require single use restroom signage. Comment: This amendment will require single user restroom to have signage indicating usage by either sex. Mechanical Code Adopt by reference the State Mechanical Code: Comment: Iowa Code Section 105.4 requires local jurisdictions to adopt the State Mechanical Code. The Iowa State Department of Public Health, as administered by the Plumbing and Mechanical Systems Board, adopts the current edition of the International Mechanical Code within six months of publication with a few amendments. Tentative schedule for the state to adopt the 2018 UPC is 1St quarter of 2019. cc: Tracy Hightshoe, Director, Neighborhood and Development Services Danielle Sitzman, Coordinator, Development Services Pugh Hagar Prahm. ATTORNEYS & COUNSELORS December 20, 2018 VIA EMAIL City of Iowa City Building Inspection c/o Mr. Tim Hennes, Sr. Building Inspector 410 E. Washington Street Iowa City, IA 52240 tim-hennes@lowa-city.org RE: Notable Changes Contained in the 2018 Edition of Building Codes Dear Tim: 425 E. OAKDALE BLVD. SUITE 201 CORALVILLE, IOWA 52241 PHONE 319-351-2028 FAX 319-351-1102 PUGHHAGAN.COM MPUGH@PUGHHAGAN.COM On behalf of The Greater Iowa City Area Home Builders Association ("HBA"), we would like to thank you and Danielle Sitzman for taking time to meet with the HBA's Legislative Committee on December 18, 2018, to discuss the City's proposed amendments and notable changes to the 2018 International Building Code. The HBA supports the amendments proposed by the Building Department in its memorandum to the Iowa City Board of Appeals dated December 14, 2018, and would gladly make this endorsement to the Iowa City Council. Again, the HBA appreciates the Building Department's cooperation and involvement in this process. Please feel free to contact me if you have any questions. Very truly yours, Michael J. Pugh MJP/dab cc: The Greater Iowa City Home Builders Association {002636851 13 Prepared by: Tim Hennes, Sr. Building Inspector, 410 E. Washington St., Iowa City, IA 52240 Ordinance No. 19-4777 Ordinance amending Title 17, Chapter 1, Building Code, by adopting the International Building Code, 2018 edition, including Appendix K, and the International Residential Code, 2018 edition, including Appendix F and Appendix J, and providing for certain amendments thereof; adopting section 103.6(1)(a) of the Code of Iowa (the state electrical code) and section 105.4(1)(a) of the Code of Iowa (the state plumbing and mechanical codes); to provide for the protection of the health, welfare and safety of the residents of Iowa City, Iowa. Whereas, the current building code is the 2015 edition of the International Building Code (IBC) and the International Residential Code (IRC), and the City should adopt the 2018 editions of those codes; Whereas, for purposes of uniformity throughout the State, the State Code has been amended to require all local jurisdictions to adopt the State Plumbing and Mechanical Codes; Whereas, the Fuel Gas Code is contained in the State Plumbing Code; Whereas, for uniformity in greater Johnson County area, the City should adopt the State Electrical Code; and Whereas, the purpose of this ordinance to provide for the protection of the health, welfare and safety of the residents of Iowa City, Iowa. Now, therefore be it ordained by the City Council of the City of Iowa City, Iowa: Section I. 1. Sections 17-1, 17-2, 17-3 and 17-4 of the Iowa City Code are hereby repealed and the following new Sections 17-1, 17-2, 17-3 and 17-4 are enacted in lieu thereof. 17-1-1: Codes adopted: Subject to the following amendments, the 2018 edition of the international building code (IBC) including Appendix K, electrical administrative process, and 2018 edition of the international residential code (IRC) including Appendix F, radon control methods, Appendix J, Existing Buildings and Structures, are adopted. Additionally, the City further adopts, Section 103.6(1)(a) of the Iowa Code (the Iowa State Electrical Code), Section 105.4(1)(a) of the Iowa Code (the Iowa State Mechanical Code), and Section 105.4(1)(a) of the Iowa Code (the Iowa State Plumbing Code). Collectively, they shall be known as the Iowa City building code or the building code. Interpretations of the building official may be guided by publications of the International Code Council, Inc., or the International Existing Building Code. 17-1-2: Interpretation of Building Code provisions: The provisions of this Code shall be held to be the minimum requirements adopted for the protection of the health, safety and welfare of the residents of Iowa City. 17-1-3: Amendments to code: The following sections of the 2018 edition of the International Building Code and 2018 edition of the International Residential Code are amended as follows: Ordinance No. 19-4777 Page 2 Section 101.1 of both the IBC and IRC. Delete Section 101.1 of both the IBC and IRC and insert in lieu thereof the following: 101.1 Title. These regulations shall be known as the Building Code of Iowa City, hereinafter referred to as "this code." Section 105.2 of both the IBC and IRC. Delete Section 105.2 of both the IBC and IRC and insert in lieu thereof the following: 105.2 Work Exempt from Permit. A permit shall not be required for the following: Building 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 144 square feet provided the structure is not located in a flood hazard area. 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks 4. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III -A liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2 to 1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. 11. Swings and other playground equipment. 12. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. 13. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height. 14. For structures regulated by the IRC the reapplication of shingles and roof sheathing provided: a. Less than 50% of the structural sheathing is replaced and other structural alterations are not required. b. The structure is not in a Historic Preservation Overlay Zone or is not an Iowa City Historic Landmark. Note: Applying solid sheathing over space sheathing is not considered structural sheathing. 15. For structures regulated by the IRC reapplication of siding provided: The structure is not in a Historic Preservation Overlay Zone, or a Conservation District Overlay Zone, or is not an Iowa City Historic Landmark. 16. For structures regulated by the IRC replacing windows provided: a. Replacement window(s) is in compliance with Appendix J. b. The structure is not in a Historic Preservation Overlay Zone, or a Conservation District Overlay Zone, or is not an Iowa City Historic Landmark. 17. For structures regulated by the IRC replacing exterior doors, including garage doors, provided: a. Replacement door(s) is in compliance with Appendix J. b. They are not street facing doors i n a structure located in a Historic Preservation Overlay Zone or are not an Iowa City Historic Landmark. Note: screen and storm doors do not require a permit regardless of the location. Electrical: 1 . Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted Ordinance No. 19-4777 Page 3 by this code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. 3. Temporary decorative lighting. 4. Repair or replacement of current -carrying parts of any switch, contactor, control device or contact device of the same type and/or rating. 5. Replacement of non -emergency over -current device of the required ampacity and interrupt rating in the same location. 6. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 7. Temporary wiring for experimental purposes in suitable experimental laboratories. 8. The wiring for temporary theater, motion picture or television stage sets. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable -fuel -cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling units. 4. Steam, hot- or chilled -water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative coolers. 7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 VV) or less. 8. Portable -fuel -cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. 9. The replacement of fixed appliances provided however that the replacement appliance is in the same location and has a rating equal to or less than the appliance being replaced, and it is not necessary to remove, replace, alter, or install any additional ductwork or piping. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement or removal and reinstallation of any fixture or appliance, provided, however, that the fixture or appliance is installed at the same location and it is not necessary to remove, replace, alter, or install any piping. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Code or any other laws or ordinances of this jurisdiction. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in a manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Ordinance No. 19-4777 Page 4 Section 105.5 of both the IBC and IRC. Modify Section 105.5 of both the IBC and IRC by adding a sentence to the end as follows: In no case shall the permit be effective unless the work covered by the permit has a documented inspection every 6 months minimum and is completed within 24 months of the date on which the original permit was issued. Section 105.8 of the IBC and R105.10 of the IRC. Add two new Sections 105.8 and 105.8.1 to the IBC and R105.10 and R105.10.1 to the IRC as follows: 105.8(IBC) R105.10(IRC) Demolition permits required. A demolition permit shall be required as follows: 1. For the removal of any building or structure. 2. For the removal of any portion of a building (i.e. porch, porch railing, decorative brackets and trim, dormers, chimneys, etc.) that is located within a Historic Preservation Overlay Zone or a Conservation District Overlay Zone, or is an Iowa City Historic Landmark. 105.8.1(IBC) and R105.10.1 Requirements. The applicant for any demolition permit shall state on the application the proposed disposal plans for all demolition materials. No demolition permit shall be issued until seven (7) working days after the date an application has been properly filed and said demolition permit shall not be effective until applicant has posted the premises to be demolished with a notice to be provided by the City and as directed by the City; provided, however, that accessory buildings as defined in the Iowa City Zoning Ordinance and dangerous buildings shall be exempt from said notice and waiting requirement. Section 105.9 of the IBC and R105.11 of the IRC. Add two new Sections 105.9 to the IBC and R105.11 to the IRC as follows: 105.9 (IBC) and R105.11 (IRC) Permittee: 1. An electrical, plumbing or mechanical permit may be issued to any person holding a valid master license for the respective trade as described in Section 17-11-1 E of the Iowa City Code, or to any company who employs a duly licensed master in the respective trade on a full-time basis who supervises the work of the apprentice and or journeymen during the company's normal business hours. 2. An electrical, plumbing or mechanical permit may be issued to the owner of an existing owner -occupied single-family dwelling, pursuant to a valid certificate of occupancy and used exclusively for residential purposes, to do any electrical work in connection with said dwelling and accessory buildings. The owner must personally purchase all material and perform all labor in connection with the permit. Applicants for a homeowner's electrical permit shall pass the designated exam before a permit may be issued. 3. The homeowner's test required in subsection 2 of this section may be waived if the applicant is a duly licensed electrician with a minimum of a journeyman status. Section 105.10 of the IBC and R105.12 of the IRC. Add two new Sections 105.10 to the IBC and R105.12 to the IRC as follows: 105.10 (IBC) and R105.12 (IRC) Insurance: Before any permit to perform electrical or plumbing work may be issued, the applicant shall have on file with the building official a copy of a certificate of insurance stating the liability amounts of no less than three hundred thousand dollars ($300,000.00) property damage and five hundred thousand dollars ($500,000.00) bodily injury. The city shall be named as additional insured. The policy shall also provide for at least ten (10) days' notice by the insurer to the city of termination of the policy by the insured or insurer. Electrical permits issued under sections 105.9 (IBC) and R105.11 (ICR) 2 and 3 shall be exempted from this insurance requirement. Section R107.3 of the IRC and Section 108.3 of the IBC. Amend Section R107.3 of the IRC and Section 108.3 of the IBC as follows: R107.3 (IRC) 108.3 (IBC) Temporary Power: Replace the "NFPA 70" with "Iowa State Electrical Code.". Ordinance No. 19-477 Page 5 Section R108.2 of the IRC and Section 109.2 of the IBC. Delete Section R108.2 of the IRC and Section 109.2 of the IBC and insert in lieu thereof the following: R108.2 (IRC) 109.2 (IBC) Permit Fees and Valuations. The fee for any permit shall be as set forth in the permit fee schedule as established by resolution of the City Council. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, site grading, paving, landscaping, elevators, and other permanent equipment. The value to be used in computing the value of construction for reports shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, site grading, paving, landscaping, elevators, fire extinguisher systems and other permanent equipment. oection miuts.s or the ht(: and Section 109.3 of the IBC. Delete Section R108.3 of the IRC and Section 109.3 of the IBC and insert in lieu thereof the following: R108.3 (IRC) 109.3 (IBC) Plan Review Fees. When a plan or other data are required to be submitted by Section 106 and the value of the proposed building or work exceeds fifteen thousand dollars ($15,000), a plan review fee shall be paid before the permit may be issued. Should the project be abandoned and the permit not issued after the plan review has been started, the plan review fee shall still be due and payable. The plan review fee shall be as set forth by resolution of City Council. Plan review fees are separate fees from the permit fee specified in Section R108.2 and 109.2 and are in addition to permit fees. Delete Section R 108.5 in the IRC and Section 109.6 of the IBC and insert in lieu thereof the followi R108.5 (IRC) 109.6 IBC Refunds: The Building Official may paid hereunder which was erroneously paid or collected. The the refunding of any fee paid except upon written application one hundred eighty (180) days from the date of fee payment. authorize the refunding of any fee Building Official shall not authorize filed by the original permittee within ,zection ttlut;.b of the IRC and Section 109.4 of the IBC. Delete Section 108.6 of the IRC and Section 109.4 of the IBC and insert in lieu thereof the following: R108.6 (IRC) 109.4 (IBC) Work commencing before permit issuance: Any person who commences work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the amount of the permit fee if a permit were issued. This fee shall be collected whether or not a permit is issued. The payment of such fee shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. Only the Building Official may reduce this fee when it is demonstrated that an emergency existed that required the work to be done without a permit. Section R112 of the IRC and Section 113 of the IBC. Delete Section R112 of the IRC and Section 113 of the IBC and insert in lieu thereof the following: Section R112 of the IRC and Section 113 of the IBC Appeals: See Title 17 Chapter 12 Appeals in the City Code. Section 202 of both the IBC and IRC. Add new definition as follows: Authority Having Jurisdiction. The organization, office, or individual responsible for approving equipment, materials, an installation, or a procedure. Section 202 of both the IBC and IRC. Add new definition as follows: Chief Electrical Inspector. A building inspector who either is the authority having jurisdiction or is designated by the authority having jurisdiction and is responsible for administering the requirements of this code. Ordinance No. 19-4777 Page 6 Section 202 of both the IBC and IRC. Add new definition as follows: Electrical Inspector. A building inspector authorized to perform electrical inspections. Section 202 of both the IBC and IRC. Add new definition as follows: Family: See Title 14 Chapter 9 Article A Zoning Definitions in the City Code. Section 202 of both the IBC and IRC. Add new definition as follows: Emergency Communications Center. Shall mean the Johnson County Emergency Communications Center. Section 202 of the IBC and IRC. Modify definitions as follows: Habitable space: Add a sentence to the end of the definition of habitable space or room to read as follows: Basement areas finished to a degree to encourage their use as anything other than storage or mechanical rooms shall be considered habitable space. Section R202 of the IRC. Delete definition of Accessory Structure and insert in lieu thereof the following: Accessory Structure. See Title 14 Chapter 9 Article A Zoning Definitions in the City Code. Table R301.2 (1) of the IRC Modify by inserting data in the table as follows: Ground Snow Wind Design SBIMIc Summer Subled to Damage Fmm Indoor Wlntor Ice-Bartior Flood Nazartln Heating Load Correction Design Temperature Temperature Dedgn Undedaymant Alr Freezing Moan Cooling Difference category 89° Temp Requlrad 75' 78° Cooling Speed Topagrts effects. Coincident Dally Fmst line Summer Temperature Velocity Velocity Wet Bulb Range Humidity Intloa Annual Difference Heatlnq Specialron, 14° 25° 10° 76° M 39 grub diff. Temp (mph) region, or or Weathering depth Termite NFIP FIRM Wind-borne Maps Maps debris zone 25 115 No A Severe 4Y M=e S'F Yes SWI977 VIW2007 I 2000 50-F MANUAL J DESIGN CRITERIA Elevation Latitude Winter Summer Altitude Indoor Design Heating Heating Cooling Correction Design Temperature Temperature Factor Temperature Cooling Difference 89° N/A 72° 75' 78° Cooling Wind Wind Coincident Dally Winter Summer Temperature Velocity Velocity Wet Bulb Range Humidity Humidity Difference Heatlnq Cooling 14° 25° 10° 76° M 39 grub diff. 53 gr/lb diff. Section R302.5.1 of the IRC. Delete Section R302.5.1 of the IRC and insert in lieu thereof the following: R302.5.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 13/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 1 3/8 inches (35 mm) thick, or 20 -minute fire -rated doors. Section R302.13 of the IRC. Delete Section R302.13 of the IRC entirely. Section R310.6 of the IRC. Delete Section R310.6 in the IRC and insert in lieu thereof the following: R310.6 Alterations or repairs of basements in structures built after May 10, 1989. An emergency escape and rescue opening is not required where existing basements undergo alterations or repairs. Alterations or repairs in structures built prior to May 10, 1989 shall conform to Appendix J Section AJ102.4 Replacement windows. Exception: New sleeping rooms created in an existing basement shall be provided with emergency escape and rescue openings in accordance with Section R310.1. Ordinance No. 19-4777 Page 7 Section R312.2 of the IRC and 1015.8 of the IBC. Delete Section R312.2 of the IRC and 1015.8 of the IBC entirely. Section R313 of the IRC: Delete Section R313 of the IRC entirely. Section R314.4 of the IRC. Amend Section R314.4 in the IRC by adding an exception as follows: Exception: Interconnection of smoke alarms in existing areas shall not be required where alterations or repairs do not result in removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could provide access for interconnection with removal the interior finish. Section R320.2 of the IRC. Add Section R320.2 in the IRC as follows: R320.2 Accessibility for projects other than those mentioned in Section R320.1. R 320.2.1 Scope. The provisions of this section are enacted to implement universal design features that provide accessibility, usability and visit -ability for all. R320.2.2 Definition. Public funds shall mean funding or assistance from the City of Iowa City or any agent thereof through any of the following means: 1. a building contract or similar contractual agreement involving a City -funded program or fund; 2. any real estate received by the owner through a subsidy, lease, or donation by the City or its agents; 3, preferential tax treatment, bond assistance, mortgage assistance, or similar financial advantages from the City or its agents; 4. disbursement of federal or state construction funds including a Community Development Block Grant; or 5. a City contract to provide funding or a financial benefit for housing. R320.2.3 Applicability. The amendment applies to new one- and two-family dwellings and is not required for new townhouses, accessory apartments or existing structures for repairs, alterations, change of occupancy or additions unless the square footage of the addition is more than 25% of the existing structure, then, the addition must comply. Exception: Applies to new townhouses constructed using public funds. The minimum usability requirements are as follows: 1. Step -less entrance: At least one building entrance must be designed, without encroaching into any required parking space, that complies with the Iowa City Building Code standard for an accessible entrance on an accessible route served by a ramp in accordance with section R311.8 or a no -step entrance. The accessible route must extend from a vehicular drop-off, or parking to a building entrance. The entry door must have a minimum net clear opening of thirty-two inches (32"). Exception: 1. If public funds are used the step -less entrance must be provided. 2. The building official may waive this requirement based upon the determination that strict compliance is financially or environmentally impractical. Split-level and townhouse style homes may be exempted. Note: Iowa City code only requires one parking space for single family dwellings. 2. Interior doors: At least one bedroom and one bathroom (if either are provided) and all other passage doorway header widths, on the level served by the designed step -less entrance, must be framed to accommodate a minimum 38" clear rough opening. The framing for the doorway width opening may be reduced to accommodate any door size Exception: 1.If public funds are used the minimum door clear opening shall be thirty-two inches (32") when the door is open ninety degrees (90), measured between the face of the door and the opposite stop. 2.Doors serving closets twenty-four inches (24') or less in depth need not be framed to 38" clear opening width. Note: A 34" door hung in the standard manner provides an acceptable 32" opening. 3. Sanitation facilities: There must be at least one bathroom containing a water closet (toilet) and lavatory (sink) on the level of the dwelling to be accessed by the designed step -less entrance. The room shall have a minimum thirty inches (30") by forty-eight inches (48") clear floor space at Ordinance No. 19-4777 Page 8 the water closet and lavatory. The clear floor space can be shared by both fixtures. The clear floor space shall not be obstructed by a doorway swing. The plans must show a shower, bathtub or combination tub/shower can be provided within the room or an adjoining room without removing part of the concrete floor to provide necessary plumbing to the future plumbing fixture(s). Exception: 1.If public funds are used a shower, bathtub or combination tub/shower shall be provided within the room. 2.Doors may swing into the clear floor space provided at any fixture if sufficient maneuvering space is provided within the room for a person using a wheelchair or other mobility aid to enter and close the door, use the fixtures, reopen the door and exit. Maneuvering space may include any knee space or toe space available below bathroom fixtures. 3.The building official may waive this requirement based on the determination that strict compliance is financially impractical. 4. Wall reinforcement: A bathroom must be provided with wood blocking installed within wall framing to support grab bars as needed. The wood blocking, when measured to the center, will be located between thirty-three inches (33") and thirty-six inches (36") above the finished floor. The wood blocking must be located in all walls adjacent to and behind a toilet. Exception: Backing is not required behind pre -manufactured showers and bathtubs. 5. Decks: All exterior decks and patios surfaces adjacent to the level served by the designed step -less entrance must be built within four inches (4") of the dwellings finish floor level. Decks shall be a minimum 50% the size of a patio that is served by level served by the designed step -less entrance. 6._ Switch and outlet requirements: All wall switches, controlling light fixtures, fans, all temperature control devices and all receptacles shall be located in an area between fifteen (15) and forty-eight (48) inches above finished floor. The height will be determined by measuring from the finished floor to the center of the device. When the control or receptacle placement is prohibited by the height of the window or design feature, alternative locations may be approved by the building official. 7. Electrical panel requirements: Electrical panels on the level of the dwelling to be accessed by the designed step -less entrance shall be located so that the individual circuit breakers are located between 15" and 54 " above the floor. 8. Garages: Must be wired for power operated overhead Section R322 of the IRC. Delete section R322 of the IRC and insert in lieu thereof the following: R322. See Title 14 Chapter 5J Flood Plain Management Standards in the City Code. R322.1 Flood Resistive Materials. Building materials and installation methods used for flooring and interior and exterior walls and wall coverings below the elevation required in Title 14 Chapter 5J Flood Plain Management Standards in the City Code shall be flood damage -resistant materials that conform to the provisions of FEMA TB -2. Section R326 of the IRC. Delete Section R326 of the IRC entirely. Section R403.1.4.1 of the IRC. Modify by deleting all exceptions and inserting in lieu thereof the following: Exceptions: 1. One story detached accessory buildings of wood or steel frame construction not used for human occupancy and not exceeding one thousand (1,000) square feet in floor area may be constructed using slab on grade construction as follows. The slab shall be three and one-half inches thick, poured monolithically with thickened perimeter footings extending twelve inches (12") below finish grade and be twelve inches (12") wide at the base. The top of the foundation shall not be less than six inches (6") above finish grade. Reinforcement of the slab, including the thickened portion, shall be minimum 6x6-10/10 welded wire mesh, #4 deformed reinforcing bars at twenty-four inches (24") on center each way or fiber mesh reinforced concrete. Ordinance No. 19-4777 Page 9 2. One-story wood or metal frame building not used for human occupancy and not over 200 square feet in floor area may be constructed with walls supported on a wood foundation plate or "skids" when approved by the building official. 3. Decks not supported by the structure need not be provided with footings that extend below the frost line. Section R404.1.1 of the IRC: Amend Section R404 1 1 of the IRC by adding an Exception after number 2 as follows: Exception: Foundation walls with unbalanced lateral forces created by finish grade, i.e. walkout basements which are exempt from the Iowa Architectural Act shall be designed by a licensed structural engineer or constructed in accordance with the Table R404.1.1(5) and diagram as follows: O-U.n U. 5=Span of WYI T•Th4lMi4 D.tl IXbel 49T i s'&1Y2aunenwnwnlb T 11 I Table R401.1.1(51 Mode mrner bart W=6 hoNontel IaiMatlon wap rehlortMl Mfg waD 2' lean WaDlRldmeu bvbmtal tomer Dar Rdv IX 10'mleaa A 94 p 12' 2'-P M.121 B' ISp1Y Y-8• IIID L' 8'. asp12. 3'-P 14 -WW 1. IS ® 12' I' -e' wt -16' I2• IB@14' 8'-D' 2maWa11apootlne(wa wj Noiec 1. fomes Ban arlmluhed M=ddl2anb bmtrpvtil mhbrtlr�g 2.[f WmnbarrehiwNaBapazamLft lapped eflnoll4'. 3. 114pan ISlbpealvN4n I6',Inem'vdmum denmsbnollDl ahnllbe 6'. Section R404.1.3 of the IRC. Modify Section R404.1.3 by adding a second paragraph as follows: Wall thickness may be reduced to eight inches (8") if a minimum of three (3) one-half inch diameter deformed ASTM A615 grade 40 steel bars are placed horizontally at the center of the wall thickness with one bar located within 14" of the top, one bar within 14" of the bottom and one bar located within 14" of the mid -height of the wall provided the wall height does not exceed eight feet (8'). Section 423.4 of the IBC. Delete Section 423.4 in its entirety and insert in lieu thereof the following: Group E occupancies. In areas where the shelter design wind speed for tornados is 250 MPH in accordance with Figure 304.2(1) of ICC 500, all new Group E occupancies shall have a storm shelter constructed in accordance with ICC 500. The shelter shall be capable of housing the total occupant load of the Group E occupancy or as required by 661-301 of the Iowa State Building Code, whichever Ordinance No. 19-4777 Page 10 is more restrictive. Exceptions: 1. Group E day care facilities. 2. Group E occupancies accessory to places of religious worship. 3. Buildings meeting the requirements for shelter design in ICC 500. 4. Portable buildings. Section 502.1 of the IBC (F). Modify by inserting the following after the second sentence: From 100-199 feet from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 feet from the street the numbers shall be a minimum 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 feet from the street, the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which the premises is addressed. Section R807.1 of the IRC. Modify by adding a sentence at the end of the second paragraph as follows: The opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or location. Section 903.2.1.2 of the IBC (F). Modify section 903.2.1.2 by adding a second paragraph as follows: Group A-2 Occupancies that existed prior to August 1, 2007: An automatic sprinkler system shall be provided throughout the A-2 occupancy with an occupancy load of 100 or more that have an ABDL and there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 903.2.1.8 of the IBC (F). Add a new Section 903.2.1.8 as follows: Section 903.2.1.8. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located, and in all floors between the Group B occupancy and the level of exit discharge. Section 903.2.2 of the IBC (F). Delete Section 903.2.2 of the IBC and replace with: 903.2.2 Group B ambulatory health care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory health care facility occupancy. Section 903.3.5.3 of the IBC (F). Add a new Section 903.3.5.3 in the IBC to read as follows: 903.3.5.3 Water supply safety margin. Provide a minimum 10%, or 5 psi safety margin (whichever is greater) above static pressure in the fire protection system hydraulic calculations. Section 903.4.2 of the IBC (F). Delete Section 903.4.2 of the IBC and replace with: 903.4.2. Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water -flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. Section 903.6 of the IBC (F). Add a new Section 903.6 to the IBC to read as follows 10 Ordinance No. 19-4777 Page 11 903.6 Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and water flow device for each normally occupied floor Section 905.1.1 of the IBC (F). Add a new Section 905.1.1 to the IBC to read as follows: 905.1.1 Delete all references to Class II standpipe systems and replace with Class III standpipe systems. Section 905.4 of the IBC (F). Amend section 905.4 by deleting #1 and replace with: 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grad plane. Hose connections shall be located at intermediate landings between stories, unless otherwise approved by; the fire code official. Exception: A single hose connection shall be permitted to be installed in the open corridor or open breezeway between open stairs that are not greater than 75 feet apart. Section 906.1 of the IBC R. Delete the exceptions 1 and 2 without substitution. Section 906.3 of the IBC (F). Add a sentence to the end of the section to read as follows: The minimum rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2-10 B C Section 907.2 of the IBC (F). Delete the section and replace with: 907.2 Where required -new buildings and structures. An approved and addressable manual, automatic, or manual and automatic fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.5, unless other requirements are provided by another section of this code or fire code official. A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water -flow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. EXCEPTION: 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 2. The manual fire alarm box is required for Group R-2 occupancies to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. The manual fire alarm box shall not be located in an area that is accessible to the public. 3. Multi -tenant buildings required to have a manual/automatic fire alarm system shall install a minimum of one manual pull station per tenant space. Section 907.2.1 of the IBC R. Delete the "exception" in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: EXCEPTION: 1) Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2) Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies with and occupant load of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 907.2.3 of the IBC (F). Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. Section 907.2.3 of the IBC R. Modify by adding a 51' exception as follows: 11 Ordinance No. 19-4777 Page 12 5. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. Section 907.2.10.2 of the IBC. Modify by adding a fourth location requirement as follows: 4. Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R-2, R-4 and 1-1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. Section 907.2.12.2 of the IBC. Delete without substitution. Section 907.4.2 of the IBC. Modify by adding a sentence to the end of the section to read as follows: Where, in the opinion of the code official, manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. Section 907.6.4 of the IBC R. Modify by deleting the exception and inserting in lieu thereof the following exception: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. Section 907.6.4.3 of the IBC (F). Add a section to read as follows: Section 907.6.4.3 Zone and address location labeling. Fire alarm and/or annunciator panels shall have all zones and address points plainly and permanently labeled as to their location on the outside of the panel or on an easily readable map of the building, if no display is present. Section 907.6.6 of the IBC (F). Modify Section 907.6.6 by adding two sentences to the end as follows: Each address point identification, shall have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the Emergency Communications Center upon activation of supervisory and/or alarm conditions as specified by the fire code official. Section 907.9 of the IBC (F). Add a new Section 907.9 as follows: 907.9 Approved hold open devices. When installed in buildings that have a fire alarm system and /or sprinkler system, all approved hold open devices shall release upon activation of the fire alarm and/or sprinkler water -flow activation. Section 912.4.1 of the IBC (F). Delete Section 912.4.1 and replace with the following: Section 912.4.1 Locking fire department connection caps. Locking fire department connection caps approved by the fire department are required for all new construction that have a water-based fire protection system and existing structures that have a water-based fire protection system shall be required immediately after conducting the five-year obstruction and maintenance testing, or if one or more of the fire department caps are missing. Section 912.7 of the IBC (F). Add a new section 912.7 to the IBC to read as follows: 912.7 Size. Minimum fire department connection size shall be 2 yf inch National Standard Thread. Section 912.8 of the IBC (F). Add a new section 912.8 to the IBC to read as follows: 912.8 Water supply. Fire department connections shall be located not more than 100 feet from a hydrant or as approved by the fire code official. Section 1011.3 of the IBC. Modify by adding a third exception as follows: Exception: 3. Stairs within individual dwelling units of residential Group R occupancies that existed prior to 8/28/02 (adoption of the 2000 IRC) are permitted a 78 -inch (6'-6") headroom clearance. 12 Ordinance No. 19-4777 Page 13 Section 1015.8 of the IBC. Delete Section 1015.8 of the IBC entirely Section 1023.4 of the IBC. Modify Section 1023.4 by adding a fourth unnumbered paragraph as follows: Fire door assemblies that provide access to a non -pressurized interior exit of R-2 occupancies shall also be automatic closing by actuation of a smoke detector. Section 1029.2 of the IBC IFI. Modify by adding a EXCEPTION: 1)The main entrance/exit of A-2 occupancies shall two-thirds of the total occupant load new exception as follows: be of a width that accommodates not less than Section 1030.1 of the IBC. Modify by deleting the exceptions and inserting in lieu thereof the following: EXCEPTIONS: 1. The emergency escape and rescue opening is permitted to open onto a balcony within an atrium in accordance with the requirements of Section 404 provided the balcony provides access to an exit and the dwelling unit or sleeping room has a means of egress that is not open to the atrium. 2. Regardless of what Tables 1006.3.3(1) and 1006.3.3(2) allow, all group R-2 occupancies other than hotels and motels must be provided with emergency escape & rescue openings. 3. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior exit balcony that opens to a public way. Section 1030.6 of the IBC. Add a new Section 1030.6 to the IBC to read as follows: Section 1030.6. Emergency escape windows under decks and porches. Emergency escape windows are allowed to be installed under decks and porches provided the location of the deck allows the emergency escape window to be fully opened and provides a path not less than 36 inches in height to a yard or court. Chapter 11 of the IRC. Delete Chapter 11 in its entirety and insert in lieu thereof the following: Chapter 11 Energy Efficiency, Section N1101. Energy efficiency for the design and construction of building regulated by this code shall be as required by 661-303 of the Iowa State Administrative Code. Chapter 11 of the IBC. Delete Chapter 11 in its entirety and insert in lieu thereof the following: Chapter 11 Accessibility, Section 1101. Buildings or portions of buildings shall be accessible to persons with disabilities as required by 661-302 of the Iowa State Administrative Code. Section 1208.2 of the IBC. Modify by adding a second unnumbered paragraph as follows: 1208.2 Attic spaces. The opening shall be located in a corridor, hallway, or other readily accessible location. The opening shall not be located in a closet, bathroom, mechanical room, laundry room, or similar room or location. Attics with a maximum vertical height of less than thirty inches need not be provided with access openings. Chapter 13 of the IBC. Delete Chapter 13 in its entirety and insert in lieu thereof the following: Chapter 13 Energy Efficiency, Section 1301. Energy efficiency for the design and construction of building regulated by this code shall be as required by 661-303 of the Iowa State Administrative Code. Section 1402.6 and 1402.7 of the IBC. Delete Sections 1402.6 and 1402.7 of the IBC and insert in lieu thereof the following: Section 1402.6. See Title 14, Chapter 5, Article J Flood Plain Management Standards in the City Code. 13 Ordinance No. 19-4777 Page 14 Section 1612 of the IBC. Delete Section 1612 of the IBC and insert in lieu thereof the following: Section 1612. See Title 14, Chapter 5 Article J Flood Plain Management Standards in the City Code. Section G2406.2 (303.3) of the IRC. Prohibited locations of the IRC. Modify by deleting exceptions 3 and 4. Section G2416.3 (404.3) of the IRC. Prohibited locations of the IRC. Modify by deleting the last sentence. Part VII Plumbing, Chapters 26 through 33 inclusive of the IRC. Delete Part VII Plumbing Chapters 25 through 33 inclusive of the IRC and insert the following: Part VII Plumbing, Chapter 25 Section P2501 GENERAL P2501.1 Scope. Plumbing systems shall comply with the Iowa State Plumbing Code. Administrative Provisions. The Plumbing Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Chapter 27 of the IBC. Delete Section 2701 General of the IBC and insert the following: Section 2701 GENERAL Section 2701.1 Scope. Electrical systems shall comply with the Iowa State Electrical Code. Section 2701.2 Administrative Provisions. The Electrical Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended and Appendix K as amended. Chapter 28 of the IBC. Delete chapter 28 of the IBC and insert the following Chapter 28 Mechanical Systems Section 2801.1 Scope. Mechanical systems shall comply the Iowa State Mechanical Code with the following amendments: Administrative Provisions. The Mechanical Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Commercial Kitchen Hood Exhaust Termination: In addition to the code requirements for commercial kitchen hood exhaust terminations locations, the following shall apply: For new construction, change in occupancy or change in use, that requires a new commercial kitchen hood or revisions to an existing commercial kitchen hood, the new or existing commercial kitchen hood exhaust duct shall terminate as follows: 1. Above the roof level without passing through an exterior wall; or 2. Through an alley facing exterior wall provided the termination is above the roof level; or 3. To an alley right of way per 3202.3.2 of the International Building Code. Chapter 29 of the IBC. Delete Chapter 29 of the IBC and insert the following Chapter 29 Plumbing Systems Section 2901.1 Scope. Plumbing systems shall comply with the Iowa State Plumbing Code. Administrative Provisions. The Plumbing Code shall be administered in accordance with administrative provisions in chapter 1 of this code as amended. Section 422.2.1 of the UPC. Delete Section 422.2.1 and insert in lieu thereof the following: Section 422.2.1 Single Use Toilet Facilities. Single use toilet facilities and family or assisted use toilet facilities shall be identified with signage indicating use by either sex. 14 Ordinance No. 19-4777 Page 15 Section 3002.4 of the IBC. Delete Section 3002.4 of the IBC and insert in lieu thereof the following: 3002.4 Elevator car to accommodate ambulance stretcher. In buildings four or more stories above, or four or more stories below, grade plane, at least one elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher 24 inches by 84 inches (610 mm by 2134 mm) with not less than 5 -inch (127 mm) radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed inside on both sides of the hoistway door frame. Delete Part VIII Electrical Chapters 34 through 43 inclusive of the IRC and insert the following: Part VIII Electrical, Chapter 34 Section E3401 GENERAL E3401.1 Applicability. Electrical systems shall comply with the Iowa State Electrical Code. Appendix K of the IBC. Section K103.2 of the IBC. Work exempt from permit. Delete Section K103.2 in the IBC and insert in lieu thereof the following: Section K103.2 Work exempt from permit. See section 105.2 in both the IRC and IBC. Section K106.5 of the IBC. Add a new Section K106. 5 as follows: Section K106. 5 Energy Connections; An electrical system or equipment regulated by this code for which a permit is required shall not be connected to a source of energy or power until approved by the building official. Section K106.6 of the IBC. Add a new Section K106. 6 as follows: Section K106. 6 Temporary Energy Connections. The building official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for use under a temporary certificate of occupancy. Appendix J of the IRC. Section AJ702.4 of the IRC. Delete Section AJ102.4 of the IRC and insert in lieu thereof the following: AJ102.4 Replacement windows and doors. Regardless of the category of work, where an existing window or door, including the sash and glazed portion, or safety glazing is replaced, the replacement window, door or safety glazing shall comply with the requirements of Sections AJ102.4.1 through AJ102.4.3, as applicable. Section AJ102.4.1 of the IRC. Delete Section AJ102.4.1 of the IRC and insert in lieu thereof the following: AJ102.4.1 Energy efficiency. Replacement windows or doors shall comply with the requirements of Chapter 11. Section AJ102.4.4 of the IRC. Delete Section AJ102.4.4 of the IRC entirely. Section AJ501.7 of the IRC. Delete Section AJ501.7 and insert in lieu thereof the following: AJ501.7 Ceiling height. Habitable spaces created in existing basements or attics shall have ceiling heights of not less than 6 feet, 8 inches (2032 mm), except that the ceiling height at obstructions shall be not less than 6 feet 4 inches (1930 mm) from the basement or attic floor. Existing finished ceiling heights in nonhabitable spaces in basements or attics shall not be reduced. Section AJ501.8.1 of the IRC. Delete Section AJ501.8.1 of the IRC and insert in lieu thereof the following: M1 Ordinance No. 19-4777 Page 16 AJ501.8.1 Stair width. Existing basement and attic stairs and handrails not otherwise being altered or modified shall be permitted to maintain their current clear width at, above and below existing handrails. Section AJ501.8.2 of the IRC. Delete Section AJ501.8.2 of the IRC and insert in lieu thereof the following: AJ501.8.2 Stair headroom. Headroom height on existing basement or attic stairs being altered or modified shall not be reduced below the existing stairway or attic finished headroom. Existing basement or attic stairs not otherwise being altered shall be permitted to maintain the current finished headroom. Section AJ501.8.3 of the IRC. Delete Section AJ501.8.3 of the IRC and insert in lieu thereof the following: AJ501.8.3 Stair landing. Landings serving existing basement or attic stairs being altered or modified shall not be reduced below the existing stairway landing depth and width. Existing basement or attic stairs not otherwise being altered shall be permitted to maintain the current landing depth and width. Section AJ601.4 of the IRC. Delete Section AJ601.4 of the IRC and insert in lieu thereof the following: AJ601.4 Ceiling height. Habitable spaces created in existing basements and attics shall have ceiling heights of not less than 6 feet, 8 inches (2032 mm), except that the ceiling height at obstructions shall be not less than 6 feet 4 inches (1930 mm) from the basement or attic floor. Existing finished ceiling heights in nonhabitable spaces in basements or attics shall not be reduced. 17-1-4: Penalties for violations: Violation of this chapter shall be a municipal infraction punishable by a penalty as provided for in subsection 1-4-2D of the City Code. 4. Except as provided herein, any reference to the "Plumbing Code," the "Electrical Code," or the "Mechanical Code" is deleted and replaced with "Building Code." Section Il. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after final passage, approval and publication as provided by law. Passed and approved this 5th day of February 2019, IJ Mayor l Attest- s j City Clerk Approve y l-3-rS City Attorney's Office It was moved by Thomas and seconded by Salih that the Ordinance 16 Ordinance No. 19-4777 Page 17 as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 01/22/2019 Vote for passage: AYES: Teague, Thomas, Throgmorton, Cole, Mims, Salih, Taylor. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 02/14/2019 Moved by Thomas, seconded by Taylor, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be Voted upon for final passage at this time. AYES: Thomas, Throgmorton, Cole, Salih, Taylor, Teague. NAYS: None. ABSENT: Mims. 17 Item Number: 14. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, by adopting the 2018 edition of the International Fire Code to regulate and govern the safeguarding of life and property from fire, explosion, life safety risks, or health hazards. (Second Consideration) Prepared By: Susan Dulek, Ass't. City Attorney Reviewed By: Brian Greer, Fire Marshal Simon Andrew, Ass't to City Manager Fiscal Impact: None. Recommendations: Staff: Approval Commission: Board of Appeals voted to approve. Attachments: Memorandum from Fire Marshal Draft Minutes Board of Appeals 12-20-18 Ordinance Executive Summary: State law requires a public hearing on the adoption of a model code. Staff is recommending adoption of the 2018 edition of International Fire Code (I FC) along with local amendments. The Board of Appeals voted to recommend adoption at its Dec. 20 meeting. The notable changes are set forth in the attached memo from the Fire Marshal. Background /Analysis: ATTACHMENTS: Description Memorandum from Fire Marshal Board of Appeals Draft Minutes 12-20-18 Ordinance r'i _-'WMffnq, CITY OF IOWA CITY Date: November 8, 2018 To: Board. of Appeals From: Brian Greer, Fire Marshal MEMORANDUM Re: Notable changes to the 2018 edition of the International Fire Code The fire department presents for your review, notable changes to the 2018 International Fire Code (IFC). 1049 NEW. SECTION. Alternative materials, design and methods of construction and equipment- This allows the fire code official to accept a proposed a material, design, or method of construction if it complies with the intent of the provisions of this code. 105.6.30 NEW SECTION. Mobile food preparation vehicles — Requires a permit for mobile food preparation vehicles equipped with appliances that produce smoke of grease -laden vapors. 202 NEW DEFD TTIONS. General Definitions — New definitions to provide a more complete list of general definitions. 315.7 NEW SECTION. Outdoor pallet storage — Provides requirements for the outdoor storage of idle pallets. 319 NEW SECTION. Mobile Food Preparation Vehicles — The requirements in this section discuss requirements for exhaust hoods, fire protection, storage, and fuel systems associated with mobile food preparation vehicles. 404.2.3 REVISED SECTION. Lockdown plans — Provides additional guidance on procedures, methods, training, and drills associated with a code compliant lockdown plan. 510 REVISED SECTION. Emergency Responder Radio Coverage — Requirements for emergency responder radio coverage have been revised to address industry and equipment enhancements. 607. NEW EXCEPTIONS. Commercial Kitchen Hoods —New exceptions regarding whether a Type 1 hood is required. 2 Chap. 7 REVISED CHAPTER. Chapter 7- Fire and Smoke Protection Features — A large percentage of this chapter has been added or amended to include more detail related to this topic. 807.4 NEW SECTION. Artificial decorative vegetation — Establishes limitations on where and how much artificial decorative vegetation is allowed. 901.4.6 MODIFIED SECTION. Pump and riser room size — Additional sections provide requirements for access, door markings, environment, and lighting in these rooms. 901.6.2 NEW SECTION. Integrated testing — Establishes requirements for testing where multiple fire protection systems and life safety systems are integrated. 903.2.1 MODIFIED SECTION. Sprinklers in Group A Occupancies — This section clarifies the requirements for fire sprinkler protection in Group A occupancies. 903.2.3 MODIFIED SECTION. Sprinklers in Group E Occupancies — Establishes new threshold for installation of automatic sprinkler system in all Group E fire areas with an occupant load of greater than 300 persons. 903.3.1.2.3 NEW SECTION. Protection of Attics in Group R Occupancies — Sprinkler protection of mid -rise, multi -family buildings equipped with a NTPA 13R sprinkler system. 904.13 MODIFIED SECTION. Domestic Cooking in Institutional Occupancies — Establishes requirements for the protection of domestic cooking appliances in care facilities by an automatic fire -extinguishing system. 907.2.10 DELETED SECTION. Group R4 Fire Alarm System — Fire alarm systems are no longer required in Group R-4 occupancies. 910.5 MODIFIED SECTION. Maintenance of Smoke and Heat Removal Equipment — Maintenance and testing frequencies for smoke and heat vents and mechanical smoke removal are now specified in the code. 916 MODIFIED SECTION. Gas Detection Systems — Requirements for gas detection systems are clarified and consolidated in this section. 1006.3 MODIFIED SECTION. Exits on Adjacent Stories — Clarifies egress requirements when the occupants travel to an adjacent story to reach an exit. 1010.1.1 CLARIFICATION. Size of Doors — Requirements for the size of doors is revised to correlate with ICC Al 17.1. 1010.1.4.4 NEW SECTION. Locking Arrangements in Educational Occupancies — Provide guidance to allow enhanced security measures that still meet egress requirements for classrooms. 1010.3 NEW SECTION. Turnstiles — This section allows security turnstiles, or similar barriers, in the means of egress path. 1031.1 MODIFIED SECTION. Inspection and l esting of Emergency Egress Lighting Provides inspection and testing requirements for emergency egress lighting. Chap. 12 NEW SECTION. Energy Systems — This new chapter has been added to the IFC to address all configurations of energy systems which includes emergency power, standby power, stationary battery storage, and other methods of energy generation and storage. 2311.8 MODIFIED SECTION. Repair of Vehicles Fueled by Lighter -than -air Fuels — Updated requirements for repairing vehicles fueled by compressed or liquified gas to address current Technologies and processes. 2810 NEW SECTION. Outdoor Storage of Pallets at Pallet Manufacturing and Recycling Facilities — Provides criteria for outdoor pallet including height limits and separation to property lines. 3106 NEW SECTION. Outdoor Assembly Events — This section adds requirements specific to outdoor public gatherings and was prompted by several fatal events where structural failures have occurred. 3304.5 MODIFIED SECTION. Fire Watch During Construction and Demolition — Criteria for fire watch and clarification to the functions and duties of the fire watch personnel. Chap. 39 NEW SECTION. Processing and Extraction Facilities — This new chapter was added to specifically regulate the process of extracting oils from plant material. 5103 NEW SECTION. Aerosol Cooking Spray Products — Specifies fire protection requirements for aerosol. Other sections include. 5104,2.2, 5104.3.3, 5104.8, 5106.2.2. 5307.1 MODIFIED SECTION. Liquid Carbon Dioxide Systems for Beverage Dispensing — requirements for liquified CO2 in beverage dispensing applications has been correlated with requirements for gas detection systems. 5307.4 NEW SECTION. Carbon Dioxide Enrichment Systems — Enrichment systems with greater than 100 pounds of CO2 are now regulated by the IFC with facilities expanding due to the proliferation of indoor marijuana cultivation. 5707 NEW SECTION. Mobile Fueling Operations — Requirements applicable to on -demand mobile fueling, permits, and the explicit authority given to the fire code official to regulate these operations. Chap. N NEW SECTION. Indoor Trade Shows and Exhibitions — This new chapter provides specific regulations to address the hazards associated with large trade shows and exhibitions. MINUTES PRELIMINARY IOWA CITY BOARD OF APPEALS THURSDAY, DECEMBER 20, 2018 EMMA HARVAT HALL, CITY HALL 410 E. WASHINGTON STREET IOWA CITY, IA 52240 MEMBERS PRESENT: Andrea French, Andy Martin, Scott McDonough, Jim Walker MEMBERS ABSENT: John Gay STAFF PRESENT: Tim Hennes (Sr. Building Inspector), Sue Dulek (Asst. City Attorney), Danielle Sitzman (Development Services Coordinator), Brian Greer (Fire Marshal), Jann Ream (Code Enforcement Specialist), Marnie Teagle (Code Enforcement Specialist, acting as minute -taker) OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL: Recommended by a unanimous vote (4-0) to proceed with the adoption of the 2018 International Building Code with amendments, the 2018 International Residential Code with amendments, the adoption by reference of the State Electrical, Plumbing and Mechanical codes and the 2018 International Fire Code with amendments. CALL TO ORDER: Tim Hennes called the meeting to order at 4:02 PM ELECTION OF OFFICERS: MOTION: McDonough moved to elect Andrea French as chairperson of the Board of Appeals. Walker seconded. VOTE: French was elected as chairperson of the BOA by a 4-0 unanimous vote. Martin moved to elect Scott McDonough as vice -chair of the Board of Appeals. Walker seconded. VOTE: McDonough was elected vice -chair of the BOA by a 4-0 unanimous vote. Discussion and possible recommendation to City Council regarding the adoption of the 2018 International Building, Residential and Fire Codes. Hennes started the discussion by pointing out the memorandum in the meeting packet that delineates the most notable changes in the 2018 codes. He said he would briefly go through the notable changes and board members could ask questions as he went over them. Hennes highlighted a main change in section R314 of the 2018 code which states that remodels would be required to install interconnected smoke detectors in the entire house even in the rooms not affected by the remodel. This exception is the same as the 2015 code and would continue to make this not a requirement. Hennes explained that the reasons for this exception are that the wireless technology is not readily available and the costliness involved. McDonough asked about the first item on the memo, Table R301.2(1) regarding Manual J criteria for HVAC contractors and how it affects this location. Hennes explained that the IRC already has a table that gives design criteria to HVAC contractors for specific areas, similar to landscaping zones throughout the country. This table allows the constant numbers (some examples are average temperatures, snow loads 2 for specific locations) to be plugged into the computer software that HVAC contractors use to design heating and cooling systems. Hennes noted that the plumbing, electrical and mechanical codes are mandated by the State of Iowa. The State adopts the National Electrical Code which can be made more restrictive. The adoption of the 2018 Uniform Plumbing Code and International Mechanical Code is currently in the works and will be finalized in the first quarter of 2019. Hennes discussed the amendment 422.2.1 of the UPC which was a request from a member of the public. This amendment will require single user restrooms to have signage indicating usage by either sex. Note, this is an item included in the 2018 UPC which will be adopted by the State. Hennes commented on the draft of the UPC regarding a requirement that all CSST gas piping have an arc fault protection, like a protective coating, which could eliminate the use of yellow CSST. The draft also proposes amending the single stack drainage system which is an engineered plumbing system with a bigger pipe allowing multiple fitting without separate venting. Hennes noted that he met with Homebuilders Association and they sent a letter of support agreeing with the amendments. Greer explained that the he would discuss a few of the items on the memorandum regarding the International Fire Code. Greer explained that for kitchen hood systems in restaurants, it is required to add rolling castor docks to fryers so that they can be placed in the appropriate location. This has been a local requirement for approximately a year and a half and is common practice along the corridor. This now is formalized by section 607.4. For code 901.6.02, Greer describes the use of "The Compliance Engine" which is a resource tool that fire company contractors use when inspecting fire alarms and sprinkler systems. If the report they generate shows a deficiency, the system automatically sends out a letter on Fire Department letterhead to the company. Greer advised the time saved using this tool equals one quarter to one half a person. Greer has used this system for about 2 years, North Liberty has used it for 5 years, Cedar Rapids for 2 years, and Coralville just started. Greer briefly described section 901.7 which details expectations for fire watch. For section 905.4 Greer explained that for standpipe systems this code cycle changed back from installation on intermediate landings to main floor landings. Greer explained that since Roger Jenson was Fire Marshal, installation was on intermediate landings. Fire personnel are trained for intermediate landings. For consistency, Greer has revised this section to continue to remain using intermediate landings. Hennes advised code cycles are every three years. When the 2015 codes were adopted, the prior code was the 2009 code as the 2012 code cycle was skipped because there were no significate changes. Hennes advised that numbering issues and other unintended issues result from skipping a code cycle. Greer advised that the Fire Department did adopt the 2012 code as accreditation requires the most current code. MOTION: McDonough moved that the adoption of the 2018 International Building Code with amendments, the 2018 International Residential Code with amendments, the adoption by reference of the State Electrical, Plumbing and Mechanical Codes and the 2018 International Fire Code with amendments be recommended to City Council. Martin seconded. VOTE: The motion passed by a unanimous vote 4-0. OTHER DISCUSSION 3 Board members discussed the City's climate action committee as they look to learn more about energy usage. Hennes advised that tiny houses are now listed in the code's appendix and is a topic for possible future review. Solar readiness, solar permits and the initial costs of such projects are also issues of interest. Radon tests on new homes were discussed. Downtown construction projects were mentioned. Adjourned at 4:26 PM Chairperson, Board of Appeals Date I� Prepared by: Brian Greer, Fire Marshal, 410 E. Washington Street, Iowa City, IA 52240 M Ordinance No. 19-4778 Ordinance amending Title 7, Chapter 1, Fire Prevention and Protection, by adopting the 2018 edition of the International Fire Code to regulate and govern the safeguarding of life and property from fire, explosion, life safety risks, or health hazards. Now, therefore be it ordained by the City Council of the City of Iowa City, Iowa: Section 1. Amendment. 1. Section 1, entitled, "Fire Code Adopted," is hereby deleted and the following new Section 1 is inserted in lieu thereof: That a certain document, one (1) copy of which is on file in the office of the City Clerk of the City of Iowa City, being marked and designated as the International Fire Code, 2018 edition, including errata and Appendix Chapters B, C, D, E, F, G, H, I, J, K, and N as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Iowa City, in the State of Iowa regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided, providing for the issuance of permits and each, and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, prescribed in the following sections of this ordinance. 2. Section 2, entitled "Amendments to Fire Code," is deleted in its entirety and the following new Section 2 is inserted in lieu thereof: That the following sections are hereby revised: Section 101.1 Insert: Iowa City, Iowa Section 102.1 Modify by adding a fifth applicability requirement to the end as follows: 5. All A-2 Occupancies that existed prior to August 1, 2007 with an occupant load of 100- 298 with an ABDL shall comply with Section 903.2.1.2, provided that there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 104.1.1 Add a new section to read as follows: The code official and members of the fire prevention bureau shall have the powers of a peace officer in performing their duties under this Code. Section 104.1.2 Add a new section to read as follows: The Fire Chief may appoint and designate such members of the Fire Department as fire/police investigators upon being certified by the Iowa Law Enforcement Academy. Fire/police investigators shall have the powers of a peace officer in performing their duties under this Code, including full powers of arrest to Ordinance No. 19-4778 Page 2 effectuate their duties of enforcing city ordinances and state statutes. Notwithstanding his/her status as a peace officer, a fire/police investigator shall be subject to the rules and regulations of the Iowa City Fire Department for all purposes and shall perform such functions as the Fire Chief shall assign. Section 104.12 Add a new section to read as follows: The code official is authorized to order an operation or use stopped, or the evacuation of any premises, building, or vehicle or portion thereof which has or is a fire, life safety or health hazard. Section 105.2 Add a sentence to the end of the section to read as follows: Application for an operational permit shall be submitted with all required information not less than 14 days prior to the event requiring a permit. Section 105.4 Add a sentence to the end of the section to read as follows: The fire code official at the official's sole discretion may send plans to a qualified agency for review. The fire code official shall designate the plans review agency. The applicant shall pay all fees associated with the plan review directly to the outside agency. A certificate of occupancy shall not be issued until the review fees have been paid. Section 105.6 Add a sentence to the end of the section to read as follows: The fire code official at their discretion may send plans for operational permits requests to an outside agency for review. The fire code official shall designate the plans review agency. The applicant shall pay all fees associated with the plan review directly to the outside agency. The permit shall not be issued until the review fees have been paid. Section 109. Delete in its entirety and insert in lieu thereof: See Title 17, Chapter 12 of this Code. Section 110.4 Delete the section and replace with: Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a simple misdemeanor or municipal infraction, as prescribed in Title 1, Chapter 4 of this Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 112.4 Delete the section and replace with: No person shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition Section 202 Add a new definition to read as follows: Code Official. The Chief Officer of the Fire Department, the Fire Marshal, or the Chief's authorized representative. Section 202 Add a new definition to read as follows: Crowd Management. Crowd management meshes the design features of a facility, the established operating features of that facility, and an understanding of the occupants' expected natural behavior in that facility for a specific type of event. Section 202 Add a new definition to read as follows: Emergency Communication Center. The Johnson County Joint Emergency Communications Center. Ordinance No. 19-4778 Page 3 Section 202 Add a sentence to the end of Fire Lane definition to read as follows: See City Code 9-4-13 for additional rules and regulations. Section 307 See also 6-6 of this Code. Section 307.1.2 Add a new section to read as follows: Hours of operation. A person shall not maintain any outdoor burning from 11 p.m. to 7 a.m. unless permitted and approved by the fire code official. Section 401.9 Add a new section to read as follows: Building evacuation. Upon activation of the building fire alarm system or upon notification by other means of detecting and reporting unwanted fire, all building occupants shall promptly evacuate the building. Exception: When the emergency evacuation plan, as approved by the fire code official, does not require the immediate total evacuation of the building. Section 402.1 Add a new definition to read as follows: Crowd Management. Crowd management meshes the design features of a facility, the established operating features of that facility, and an understanding of the occupants' expected natural behavior in that facility for a specific type of event. Section 403.2.5 Add a new section to read as follows: A-2 Occupancy Crowd Managers. Group A-2 occupancies shall be provided with a minimum of one (1) trained crowd manager anytime occupancy reaches 50 or more. Where the occupant load exceeds 250, additional trained crowd managers shall be provided at a ratio of one (1) crowd manager for every 250 occupants. The crowd manager shall annually receive training approved by the fire code official in crowd management techniques. Section 405.2 Add to the end of the section as follows: Fire and evacuation drills in Group E occupancies shall be conducted in accordance with Section 100.31 of the Code of Iowa. Emergency evacuation/ fire drills shall be conducted at least four times a year. Not less than two drills shall be conducted between July 1 and December 31 each year and not less than two drills shall be conducted between January 1 and June 30 of each year. The Iowa City Fire Department shall conduct one of the two drills during July 1 and December 31 and one of the two drills during January 1 and June 30 of each year. Fire drills in Group R, Division 2, Fraternities and Sororities, shall be conducted once per academic semester. Section 405.2 Table Add footnote e. as follows: Group E occupancies, excluding Preschools and Daycares shall conduct fire and evacuation drills at least four times a year in accordance with Section100.31 of the Code of Iowa. Footnote shall be added to Group E occupancy frequency. Section 503.2.9 Add anew section to read as follows: Thickness. Fire apparatus access roads shall be constructed of Portland cement concrete conforming to the specifications of the Iowa Department of Transportation C-3 or M-3 mixes. The concrete access road shall be a minimum of 7 inches thick over compacted soil. Section 505.1 Delete the section and replace with: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic Ordinance No. 19-4778 Page 4 numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. From 100-199 ft from the street the number shall be a minimum of 6 inches high with a minimum stroke of 0.5 inches. From 200-299 ft from the street the number shall be a minimum of 8 inches high with a minimum stroke of 0.5 inches. For each additional 100 ft from the street, the number shall increase by an additional 2 inches in height. Measurements to determine the minimum number size shall be measured from the approved address location to the center line of the street for which the premises is addressed. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. Section 506.1 Add a sentence to the end of the section to read as follows: An approved key box shall be installed in an approved location on all new construction. Exception: Group R-3 and unsecured R-2 occupancies. Section 507.3 Delete the section and replace with: Fire flow. Fire flow requirements for buildings or portions of buildings shall be determined by "Appendix B" of this code. Section 507.5.1 Delete exceptions 1 & 2. Section 507.5.1.1 Delete the section and replace with: Hydrant for fire sprinkler and standpipe systems. A fire hydrant shall be located not more than 100 feet from a fire sprinkler or standpipe system connection on hard surface, easily accessible by fire apparatus and meeting the approval of the Code Official. Section 507.5.7 Add a new section to read as follows: Fire hydrant threads: All new hydrants within the limits of Iowa City installed after January 1, 2020 shall have National Standard Threads (NST) on the two and one-half (2 1/2) inch connections and the four and one-half (4 1/2) inch connection will have a Storz connection. Section 510.1 Delete exception 1. Section 604.9 Delete the section and replace with: Temporary wiring. Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days for holiday decorative lighting, carnivals and similar purposes. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities. Temporary wiring methods shall meet the applicable provisions of the Iowa City Electrical Code. Section 604.10 Delete the section and replace with: Portable electric space heaters. Portable electric space heaters shall comply with Sections 604.10.1 through 604.10.6. Section 604.10.6 Add a new section to read as follows: Fully enclosed. Portable, electric space heaters shall be fully enclosed space heaters that by design have no external surfaces that reach temperatures capable of igniting materials placed against the surface. Section 606.7 Add a sentence to the end of the section to read as follows: The Fire Code Official may require an approved elevator key box in an approved location to secure required elevator keys. Ordinance No. 19-4778 Page 5 Section 607.4 Delete the last sentence and replace with: Movement of new and existing cooking appliances with caster(s) under a Type 1 hood shall be limited by an approved floor mounted restraining device and flexible gas connector installed in accordance with the connector and appliance manufacturer's instructions. Section 804.5 Add a new section to read as follows: Maintenance. The interior finish of buildings shall be maintained in accordance with the conditions of original approval. Any change to the interior finish that is regulated by the provisions of this code or the building code shall be made in accordance with all applicable requirements. Section 806.1 Add a sentence to the end of the section to read as follows: Natural or resin - bearing cut trees and natural decorative vegetation used in buildings open to the general public shall be properly treated with an approved flame retardant. Section 807.5.2.1 Delete exception 2. Section 807.5.5.1 Delete exception 2. Section 901.2 (a) Add a new section to read as follows: Water based fire protection systems. Working plans submitted to the fire department for water based fire protection systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Automatic Sprinkler System Layout OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 901.2 (b) Add a new section to read as follows: Fire alarm systems. Working plans submitted to the fire department by a qualified person for fire alarm systems shall be stamped and approved by a qualified person to be in compliance with applicable NFPA standards and the Iowa City Fire Code. Any changes to the working plans shall be approved by a qualified person. A qualified person shall have a minimum National Institute for Certification in Engineering Technologies [NICET] Level III certification for Fire Alarm Systems OR be a licensed engineer with experience in life safety system design. Other qualifications may be approved by the code official. Section 901.6.3.2 Add a new section to read as follows: Inspection record submission. Contractors who perform installation, inspection, testing, and/or maintenance services on fire and life safety systems are required to electronically submit all installation and compliant & non- compliant inspection reports to the Fire Department via a method approved by the Fire Code Official within 30 calendar days of the installation/inspection date. Reports submitted after 30 calendar days may incur late fees. Section 901.7 Add a section to the end of the section to read as follows: A person assigned to fire watch must walk through the building at least once every 30 minutes checking for fire or smoke. A fire watch must be continued until the fire alarm system and/ or fire protection system has been restored to normal operating condition or the building has been evacuated. A competent adult familiar with the building must conduct the fire watch. If a fire is discovered, 911 shall be called immediately and the building evacuated. Ordinance No. 19-4778 Page 6 Section 903.2.1.2 Delete Section 903.2.1.2 and insert in lieu thereof the following: Section 903.2.1.2 A. New Group A-2 Occupancies. An automatic sprinkler system shall be provided for fire areas containing Group A-2 occupancies and intervening floors of the building where one of the following conditions exist: 1) The fire area exceeds 5,000 square feet; 2) The fire area has an occupant load of 100 or more; or 3) The fire area is located on a floor other than the level of exit discharge. B. Existing Group A-2 Occupancies that existed prior to August 1, 2007: An automatic sprinkler system shall be provided throughout the A-2 occupancy with an occupant load of 100 or more that have an ABDL and there is a change in business ownership, defined as the sale, transfer, or assignment of any legal or equitable ownership interest, except that the owner may show to the building official's satisfaction that said change in ownership is one of form and not substance. Section 903.2.1.8 Add a new Section to read as follows: An automatic sprinkler system shall be provided throughout buildings and portions thereof used as new Group B occupancies with an ABDL or existing group B occupancy with a new (not a renewal) ABDL located on a floor other than the level of exit discharge. The automatic sprinkler system shall be provided throughout the floor area where the new Group B occupancy with an ABDL or where the group B occupancy with a new ABDL is located and in all floors between the Group B occupancy and the level of exit discharge. Section 903.2.2 Delete the section and replace with: Ambulatory care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing an ambulatory care facility and all floors between the ambulatory care facility and the level of exit discharge serving such a facility. Section 903.3.5.3 Add a new section to read as follows: Water supply safety margin. Automatic sprinkler systems shall be designed with a minimum of 10% or 5 psi safety margin (whichever is greater) above static pressure in the fire protection system hydraulic calculations. Section 903.4.2 Delete the section and replace with: Alarms. An approved weatherproof horn/strobe device shall be mounted directly above the fire department connection between seven (7) and ten (10) feet in height above grade. The water -flow alarm device shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Approved and supervised audible visual notification appliances shall be installed on each level of the interior of the building as required by the fire code official and NFPA 72. Section 903.7 Add a new section to read as follows: Zones. Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. The location of sprinkler control valves must be approved by the fire code official. Section 905.1.1 Add a new section to read as follows: delete all references to Class 11 standpipe systems and replace with Class III standpipe systems. Section 905.4 Requirement #1 Delete the section and replace with: In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Ordinance No. 19-4778 Page 7 Hose connections shall be located at intermediate landing between stories, unless otherwise approved by the fire code official. Section 906.1 Delete exceptions 1 & 2 without substitution. Section 906.3 Add a sentence to the end of the section to read as follows: The minimum rating of any required portable fire extinguisher for Class A, Class B, or Class C hazard shall be 2-A, 10-B C. Section 907.1.4 Add a new section to read as follows: Fire alarm control panels and Fire alarm annunciator panels. Installation of fire alarm control panels and fire alarm annunciator panels shall be installed in accordance with section 907.1.4.1 through 907.1.4.5. Section 907.1.4.1 Add a new section to read as follows: Fire Alarm Panel Height: Installation of fire alarm panels shall not exceed 6 feet in height measured from the floor to the top of the panel. Exception: Panel height may be altered by the code official. Section 907.1.4.2 Add a new section to read as follows: Number of Fire Alarm Control Panels in Buildings: Only one listed fire alarm control panel shall be allowed per building and shall lock in the alarm until the system is reset and shall not be canceled by the operation of an audible - alarm silencing switch. This control panel shall only receive alarm signals from Fre protection equipment. Section 907.1.4.3 Add a new section to read as follows: Combination Fire/Security Alarm System Panels. A listed combination fire/security alarm system panel that meets all the requirements of this code and amendments may be permitted by approval of the fire code official. The fire/security panel shall be capable of providing a signal that can differentiate between the fire and security alarm. Section 907.1.4.4 Add a new section to read as follows: Password/PIN Protection Prohibited: Fire alarm control panels and/or fire alarm annunciator panels that require a password/PIN to silence an alarm/supervisory/trouble signal and/or to reset an alarm/supervisory/trouble signal shall be prohibited. Section 907.1.4.5 Add a new section to read as follows: Fire Alarm Annunciator Panels: The fire code official can require the addition of fire alarm annunciator panels based on the size of building and access to the building. These panels shall meet the requirements of Sections 907.1.4 and 907.2. Section 907.2 Delete the section and replace with: Where required—new buildings and structures. An approved and addressable manual, automatic, or manual and automatic fire alarm system installed in accordance with the provisions of this code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with 907.5, unless other requirements are provided by another section of this code or the fire code official. A minimum of one manual fire alarm box shall be provided in an approved location to initiate a fire alarm signal for fire alarm systems employing automatic fire detectors or water -flow detection devices. Where other sections of this code allow elimination of fire alarm boxes due to sprinklers, a single fire alarm box shall be installed. Exceptions: Ordinance No. 19-4778 Page 8 1. The manual fire alarm box is not required for fire alarm systems dedicated to elevator recall control and supervisory service. 2. The manual fire alarm box is required for Group R-2 occupancies to provide a means for fire watch personnel to initiate an alarm during a sprinkler system impairment event. The manual fire alarm box shall not be located in an area that is accessible to the public. 3. Multi -tenant buildings required to have a manual/automatic fire alarm system shall install a minimum of one manual pull station per tenant space. Section 907.2.1 Delete the exception in Section 907.2.1 in its entirety and insert in lieu thereof the following exceptions: Exceptions: 1. Except for Group A-2 occupancies with occupant loads of 200 or more, manual fire alarm boxes are not required where the building is equipped throughout with an automatic sprinkler system and the alarm notification appliances will activate upon sprinkler water flow. 2. Group A-2. An automatic/manual fire alarm system shall be installed in Group A-2 occupancies with occupant loads of 200 or more. Activation of the fire alarm shall additionally cause: a. Illumination of the protected premises to not less than 10 foot-candles over the area of the room at a height of 30 inches above the floor; and b. All conflicting or confusing sounds and visual distraction to automatically stop. Section 907.2.3 Modify by adding a sentence to the end of the first paragraph as follows: New and existing educational occupancies shall have a monitored fire alarm system. Section 907.2.3 Modify by adding a 5'h exception as follows: 5. Day care occupancies classified as Group E Occupancy shall not require a monitored fire alarm system unless required elsewhere in the code. Section 907.2.9.1 Delete exception 2 without substitution. Section 907.2.10.2 Modify by adding a fourth location requirement as follows: 4. Supervised smoke alarms shall be installed in all common corridors and at the top and bottom of all stairway enclosures in Groups R-2, R-3, R-4, and 1-1 occupancies. In corridors, detectors shall be located within fifteen (15) feet of the end of the corridor and in such a way that one detector is located for each thirty (30) feet of corridor length or spaced as allowed by the code. Section 907.2.12.2 Delete the section without substitution. Section 907.4.2 Add a sentence to the end of the section to read as follows: Where in the opinion of the code official manual fire alarm boxes may be used to cause false fire alarms, the code official is authorized to modify the requirements for manual fire alarm boxes. Section 907.6.4 Modify by deleting the exception and inserting in lieu thereof: Exception: Automatic sprinkler system zones shall not exceed the area permitted by NFPA 13 and shall provide a sprinkler control valve and waterflow device for each normally occupied floor. Section 907.6.4.3 Add a section to read as follows: Zone and address location labeling. Fire alarm and/or annunciator panels shall have all zones and address points plainly and Ordinance No. 19-4788 Page 9 permanently labeled as to their location on the outside of the panel or on an easily readable map of the building, if no display is present. Section 907.6.6 Add to the end of the section as follows: Each address point identification shall have an alpha/numeric descriptor location. Alpha/numeric descriptor locations are required to be reported to the Emergency Communications Center upon activation of alarm conditions as specified by the fire code official. Supervisory alarm conditions are required to be reported to the fire code official by an approved manner. Section 907.11 Add a new section to read as follows: Approved hold open devices. When installed in buildings that have a fire alarm system and/or sprinkler system, all approved hold open devices shall release upon activation of a fire alarm and/or sprinkler water -flow activation. Section 912.4.1 Delete the section and replace with: Locking fire department connection caps. Locking fire department connection caps approved by the fire department are required for all new construction that have a water-based fire protection system and existing structures that have a water-based fire protection system shall be required immediately after conducting the five-year obstruction and maintenance testing, or if one or more of the fire department caps are missing. Section 912.8 Add a section to read as follows: Size. Minimum fire department connection size shall be 2 Yz' National Standard Thread. Section 1029.2 Add the following exception: Exception: The main entrance/exit of A-2 occupancies shall be of a width that accommodates not less than two-thirds of the total occupant load. Section 1030.1 Modify by deleting exceptions 1 and 3. Section 5003.5 Add a sentence to the end of the section to read as follows: Signs shall also comply with the requirements of the Iowa Right to Know law. Section 5704.2.9 Add a sentence to the end of the section to read as follows: For aboveground storage tanks of 276 gallons capacity or more, the minimum distance between such aboveground tanks and any Residential Zone boundary must be at least 100 feet. If the aboveground tank is located in an approved vault, the minimum separation distance from a Residential Zone boundary may be reduced to no less than 50 feet. Section 5704.2.11.1 Add a #4 to the end of the section to read as follows: 4. A minimum distance of ten (10) feet shall be maintained between underground tanks and any Residential Zone boundary. Section 5704.2.13.2.4 Add a section to read as follows: Existing above -ground tank hazards. Existing above -ground tank installations, even if previously approved, that are determined to constitute a hazard by the fire code official, shall not be continued in service. Unsafe tanks shall be removed as required by the fire code official and in accordance with this code. That the geographic limits referred to in certain sections of the 2018 International Fire Code are hereby established as follows: Ordinance No. 19-4778 Page 10 Section 5704.2.9.6.1. The storage of Class I and Class II liquids in above -ground tanks outside of buildings is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 1 1&2, Cl 1 and/or as approved by the Fire Chief. Section 5706.2.4.4. The storage of Class I and Class II liquids in above -ground tanks is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11 &2, Cl 1 and/or as approved by the Fire Chief. Section 6104.2. The storage of liquefied petroleum gas is prohibited in the entire City of Iowa City, Iowa. Exception: Zones 11&2, Cl 1 and/or as approved by the Fire Chief. 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 full force and effect after final passage, approval and publication, as provided by law. Passed and approved this 5th day of February , 2019. May ' Attes City Clerk Approved by: City Attorney's Office Ordinance No. i 9_4775 Page 11 It was moved by Thomas and seconded by Salih Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: M4 x Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 01/22/2019 Voteforpassage: AYES: Thomas,Throgmorton, Cole, Mims, Salih, Taylor, Teague. NAYS: None. ABSENT: None. Second Consideration _ Vote for passage: Date published 02/14/2019 that the Moved by Thomas, seconded by Taylor, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Cole, Salih, Taylor, Teague, Thomas, Throgmorton. NAYS: None. ABSENT: Mims. Item Number: 15. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Ordinance amending Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", to provide for changes in procedure and enhance opportunities for conversation when the conclusions of the police chief and the Board differ. (First Consideration) Prepared By: Eleanor Dilkes, City Attorney Reviewed By: Jody Matherly, Police Chief Geoff Fruin, City Manager Fiscal Impact: no impact Recommendations: Staff: Approval Commission: Community Police Review Board recommends approval Attachments: Ordinance CPRB memo of July 23, 2018 Staff memo of November 29, 2018 Executive Summary: By memo to the Council dated July 23, 2018 the Community Police Review Board (CPRB) recommended that changes be made to the ordinance. Staff provided input by memo to the City Council dated November 29, 2018. Copies of both memo are attached. At its work session on December 18, 2018 Council discussed the proposals and directed staff to prepare an ordinance making changes to procedure and enhancing the opportunities for conversation when the conclusions of the police chief and CPRB differ. Background /Analysis: In accordance with Council direction, the proposed ordinance includes the following amendments: 1. If the internal investigation report is released to the public it shall also be provided to the CPRB. (8-8-2(L)) 2. The Board's annual report to the City Council will identify whether the Board's conclusions on complaints differed from that of the Police Chief (8-8-2(N)) 3. If the Board's decision will differ from that of the Police Chief the Chief will meet with the board in closed session to discuss the discrepancy of opinion prior to the issuance of the Board's public report to the City Council. At the Board's request, the City Manager will also attend the meeting. (8-8-5(B); 8-8-7(B)) 4. The Board's public report will indicate whether the Board affirmed or rejected the decision set forth in the report of the Police Chief and/or City Manager. In addition, at the Council's December 18 meeting it directed staff to put the Board's report to the Council as a separate item on the regular formal agenda rather than on the consent calendar ATTACHMENTS: Description CPRB 7-23-18 memo Staff 11-29-18 memo Ordinance MEMORANDUM DATE: July 23, 2018 TO: City of Iowa City Council FROM: Community Police Review Board Members Re: proposed revisions to Ordinance 8-8 The members of the CPRE request that the City Council consider adopting the following proposed revisions to the CPRE ordinance. (Suggested additions are shown in bold and underline.) 1. The last sentence of SECTION 8-8-2 (L) shall be amended to read as follows: If the police chief and the city manager find the police officer's actions constitute misconduct and discipline is imposed by the police chief or city manager, the internal affairs investigation may become a public record to be released by the city attorney to the extent provided by law, in which case the city attorney shall forward a copy of such internal affairs investigation report to the board. 2. The second sentence of SECTION 8-8-2 (N) shall be amended to read as follows: In addition to the central registry, the board shall provide an annual report to the city council, which report shall be public and shall set forth the general types and numbers of complaints, how they were resolved, whether the board's decision differed from that of the police chief and/or city manager, demographic information, and recommendations as to how the police department may improve its community relations or be more responsive to community needs. 3. The following subparagraph 6 shall be added to the end of SECTION 8-8-5 (B): In the event the board's decision differs from that of the police chief, the chief shall meet with the board in closed session to discuss the discrepancy of opinion. Such meeting shall take place prior to the issuance of the board's public report to the city council. 4. The last un -lettered subparagraph of paragraph (B)(2) of SECTION 8-8-7 shall become numbered paragraph 3. 5. The following shall be inserted as subparagraph (B)(4) of SECTION 8-8-7: If the board disagrees with the decision of the police chief or city manager with respect to the allegations of misconduct, the board and the police chief and/or city manager shall meet in closed session to discuss their disagreement about the complaint. Such meeting shall take place prior to the issuance of the board's public report to the city council. 6. Subparagraph (B)(3) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(5)- 7. The following sentence shall be added to the end of newly re -numbered subparagraph (B)(5) of SECTION 8-8-7: The public report shall indicate whether the board affirmed or rejected the opinion set forth in the report of the police chief and/or city manager. 8. Subparagraph (B)(4) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(6)- 9. Subparagraph (B)(5) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(7)- 10. Subparagraph (B)(6) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(8)- 11. The following shall be inserted as new subparagraph (B)(9) of SECTION 8-8-7: If the board's public report to the city council does not affirm the decision of the police chief or city manager, the board may request an independent investigation, which shall be completed within 90 days after the issuance of the board's public report. The city council may grant requests for extensions to this deadline upon good cause shown. The independent investigator shall be selected and hired by the board. The independent investigator shall issue a public report to the city council and to the board concerning the investigation. Such public report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". The independent investigator's public report shall not include the names of the complainant(s) or the police of The independent investigator's public report shall not include any discipline or personnel matters, although the independent investigator may comment generally as to whether the investigator believes discipline is appropriate without commenting on the extent or form of discipline. A copy of the independent investigator's public report shall be given to the complainant(s), the police of the police chief, the equity director, and the city manager. The independent investigator shall not issue a report which is critical of the sworn police officer's conduct until after a "name clearing hearing" has been held, consistent with due process law. The independent investigator shall give notice of such hearing to the police officer so that the officer may testify before the independent investigator and present additional relevant evidence. The independent investigator shall be responsible for protection of all state and federal rights enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the independent investigator. If the independent investigator's report is not critical of the officer's conduct, the investigator is not required by law to offer a hearing to the officer, but the investigator may hold hearings as deemed appropriate by the investigator. 12. Subparagraph (B)(7) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(10)- 13. Subparagraph (B)(8) of SECTION 8-8-7 shall be re -numbered as subparagraph (B)(11), and shall be further amended to read as follows: No findings or report submitted to the board or prepared by the board or any independent investigator shall be used in any other proceedings. 3 City of Iowa City Date: November 29, 2018 To: City Council From: Jody Matherly, Police Chief Eleanor M. Dilkes, City Attorney 01 Re: Community Police Review Board (CPRB) recommendations for ordinance amendments By memo to the City Council of July 23, 2018, a copy of which is attached, the CPRB requested that Council consider adopting certain revisions to the CPRB ordinance (City Code 8-8). This memo will provide staff's input on each of these recommendations and suggest one additional change to the ordinance. CPRB Proposals 1. In the event that an internal affairs investigation is released to the public it will be available to any member of the public. Staff has no objection to the city attorney providing such internal affairs investigation to the board in the form that it is released to the public. Staff notes that the findings and conclusions of the police chief would have been provided to the board as part of the chief's report to the Board. 2, Staff has no objection to the board including in its annual report to the city council a statement of whether the board's decision differed from that of the police chief and/or city manager. 3-6. Staff supports the CPRB proposal that the police chief meet with the CPRB to discuss the anticipated differences in the chief's report and the board's yet to be issued public report. The police chief welcomes the opportunity to review how the facts of the complaint and the concerns of the board relate to the policies, procedures, laws and training that govern the conduct of the officer. As do other board discussions about a complaintlinternal investigation, this discussion would occur in closed session. 7-10. Staff has no objection to the board stating in its public report whether the board affirmed or rejected the conclusion set forth in the police chief's report (use of "conclusion" rather than "opinion" will track the language of the ordinance). 11. Staff does not support the board's proposal that the board be able to request an independent investigation of the facts of the complaint if the board's public report to the Council does not affirm the decision of the police chief. Staff has both logistical and legal concerns about this proposal as follows: a. The board currently has the option of hiring an independent investigator once it receives the chief's report. (8-8-7(13)(1)(f)). This is the highest "level of review" available to the board, with the lowest being "on the record with no additional investigation." b. An investigation, if necessary, should be done before the facts are revealed to the public in the board's report, not after. c. Differences in the reports of the police chief and the board typically have less to do with a disagreement about the facts, and more to do with a difference in perspective. If there are such differences, the chief and the board should have a discussion and learn from each other's perspectives in an attempt to facilitate less November 29, 2018 Page 2 conflict in the future. As noted above, staff supports the CPRB's proposal for a meeting between the CPRB and the chief. d. The independent investigator will not have the same access as the police chief does to the police officer against whom the complaint is made. Under Iowa's civil service law (Iowa Code Chapter 400) and the police officer's bill of rights (Iowa Code Chapter 80F), the police chief has the authority to discipline officers, to initiate an internal investigation into a complaint against an officer and to question the officer. An officer who invokes his 511 Amendment privilege against self- incrimination may be compelled, by threat of termination, to respond to the questions posed by the internal investigators. This is known as the Gard tylGardner principle referred to in section 8-8-5(B)(1) of the ordinance: "Prior to investigation of any board complaint, the police chief shall first give Garrity and Gardner advice to all police officers implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the offioer's constitutional right against self-incrimination. However, the officer may be required to answer questions during the investigation as a condition of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal proceeding." The CPRB is not the employer, does not have disciplinary authority, and therefore the officer cannot be compelled to answer the independent investigator's questions. See, e.g. City & County of Denver v. Powell, 969 P.2d 776 (Court App. 1998) (Public Safety Review Commission not officers' employer and cannot compel them to testify; any statements they might make would be voluntary and would, therefore, effect a waiver of their Stn Amendment rights such that their statements could be used against them in a subsequent criminal proceeding.) e. The police chief notes that it is his job to thoroughly investigate complaints of misconduct. If he fails at that it is his expectation he will be held accountable. Staff proposal Section 8-8-5 (13)(4) of the ordinance provides, in part: " I me city manager will participate in the interview process with the officers involved in the complaint. A review of the city manager's involvement under this provision will be done in two (2) years to ensure the practice is producing its intended purpose." This provision was added in 2013 on the recommendation of the Ad Hoc Diversity Committee as one of several proposed changes to address the following issue identified by the Committee: Of those who had heard of the Police Citizen Review Board, a major area of concern was that the current system is structured so that the police department is policing itself. The high level of public suspicion related to the Police Citizen Review Board is such that many citizens feel that if they participate in process the outcome will prove disadvantageous to them. Diversity Committee Report to City Council, March 2013 p.4 (IP2 03-07- 13). The city manager and city attorney had been involved in the Committee's discussions and the staff response to this recommendation was: The importance of maintaining objectivity in these cases remains a critical component of the process. City staff believes that the city manager can participate in the interviews but wishes to review this practice over time to November 29, 2018 Page 3 insure the recommendation is achieving its intended purpose and the integrity of the process is maintained. Memorandum to City Council from City Manager Tom Markus dated June 11, 2013 (Agenda 6-18-13 Item 15). The minutes of the Ad Hoc Diversity Committee reveal that the proposal originated from the Committee's desire to include persons outside the police department in the investigatory process. (See minutes of 11/19/2012 and 2120/13). The provision has not been reviewed since its adoption in 2013. After participating in police officer interviews for two and a half years, the city manager does not believe that the practice adds value to the process, but rather, slows it down by complicating the scheduling of interviews of officers and supervisors who often don't have many, if any, work hours that overlap with traditional business hours. Additionally, each case can require hours of preparatory work. The city manager will continue to review the outcomes of the police chief's investigation and the CPRB's report. It is his ability to question the police department's findings and make changes in the police department — whether policy or personnel — that provides value to the process. The city manager notes that he is happy to meet with the CPRB and police chief if the CPRB questions the police chiefs decision. To this end, staff proposes an addition (in red) to the CPRB's proposed amendment #3: The following subparagraph 6 shall be added to the end of SECTION 8-8-5 (B): In the event the board's decision differs from that of the police chief, the chief shall meet with the board in closed session to discuss the discrepancy of opinion. If the board requests the city manager's presence at said meeting the city manager will also attend. Such meeting shall take place prior to the issuance of the board'syublic report to the city council. Encl. Cc: Geoff Fruin, City Manager Kellie Fruehling, City Clerk for distribution to CPRB 15 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. Ordinance amending Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", to provide for changes in procedure and enhance opportunities for conversation when the conclusions of the police chief and the Board differ. Whereas, by memorandum dated July 23, 2018 the Community Police Review Board (CPRB) recommended that the City Council make certain changes to the CPRB ordinance; Whereas, the City Council has determined that the ordinance should be amended to enhance opportunities for conversation when the conclusions of the police chief and the CPRB on a complaint made to the CPRB differ; and, Whereas, it is in the best interests of the City and its residents to amend the ordinance. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: SECTION I. AMENDMENTS. Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", Section 2, "Intent, Goals and Guiding Principles" subsection L, shall be amended by adding the underlined text as follows: If the police chief and the city manager find the police officer's actions constitute misconduct and discipline is imposed by the police chief or city manager, the internal affairs investigation may become a public record to be released by the city attorney to the extent provided by law, in which case the city attorney shall forward a copy of such internal affairs investigation report to the board. 2. Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", Section 2, "Intent, Goals and Guiding Principles" subsection N, shall be amended by adding the underlined text as follows: In addition to the central registry, the board shall provide an annual report to the city council, which report shall be public and shall set forth the general types and numbers of complaints, how they were resolved, whether the board's decision differed from that of the police chief and/or city manager, demographic information, and recommendations as to how the police department may improve its community relations or be more responsive to community needs. 3. Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", Section 5, "Police Department and Police Chief Investigatory Duties; City Manager Investigatory Duties", subsection B shall be amended by adding the following underlined text as a new paragraph 6: Ordinance No. Page 2 4. Title 8, "Police Regulations", Chapter 8, "Community Police Review Board", Section 7, "Duties of Board; Complaint Review and General Duties" shall be amended by adding the underlined text and renumbering as follows: A. Complaints: The board shall forward copies of all complaints received to the police chief for investigation; or where the complaint concerns the police chief, forward a copy of the complaint to the city manager for investigation. A copy of all complaints shall be forwarded to the equity director. B. Review of Police Chiefs Report or City Manager's Report: 1. The board shall review all police chiefs reports and city manager's reports concerning complaints. The board shall decide, on a simple majority vote, the level of review to give each police chiefs or city manager's report, and the board may select any or all of the following levels of review: a. On the record with no additional investigation. b. Interview/meet with complainant. c. Interview/meet with named officer(s) and other officers. d. Request additional investigation by the police chief or city manager, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 2. The board shall apply a "reasonable basis" standard of review when reviewing the police chiefs or city manager's report. This requires the board to give deference to the police chiefs or city manager's report because of the police chiefs and city manager's respective professional expertise. The board may recommend that the police chief or city manager reverse or modify their findings only if: a. The findings are not supported by substantial evidence; b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state, or local law. 3. If, in accordance with said standard, the board affirms the decision of the police chief or city manager with respect to the allegations of misconduct but nonetheless has concern about the officer's conduct or police practices, policies, or procedures, it may so comment in its report to the city council. If such comments are critical of the officer's conduct the board shall provide the officer a name clearing hearing pursuant to subsection B4 of this section. When collecting Ordinance No. Page 3 and reviewing additional evidence, the board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs. their disagreement about the complaint. If the board requests the citv manager's presence at its meeting with the police chief, the city manager will also attend. Such meeting shall take place prior to the issuance of the board's public report to the city council. 5. At the conclusion of the board's review, the board shall issue a public report to the city council concerning the complaint investigation. Such public report shall include detailed findings of fact concerning the complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". If the complaint is "not sustained", the public report shall not include the names of the complainant(s) or the police officer(s). If the complaint is "sustained" the board may include the names of the complainant(s) and/or the police officer(s) if it determines that the public interest in such disclosure outweighs the public harm and privacy interests of the complainant(s) and/or police officer(s). Said determination shall be made in writing and shall state, in detail, the board's reasons for such determination. The board shall notify the person(s) whose name(s) it intends to disclose, the city attorney and the police chief (or city manager if the police chief is the subject of the complaint), of its intent to make such disclosure by confidential written communication sent by regular mail or hand delivery at least ten (10) working days prior to such disclosure. In addition, the board's public report shall not include any discipline or personnel matters, although the board may comment generally as to whether the board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this public report to the city council shall be given to the complainant(s), the police officer(s), the police chief, equity director, and the city manager. The public report shall 6. The board shall not issue a report which is critical of the sworn police officer's conduct until after a "name clearing hearing" has been held, consistent with constitutional due process law. The board shall give notice of such hearing to the police officer so that the officer may testify before the board and present additional relevant evidence. The board shall be responsible for protection of all state and federal rights enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the board. 7. If the board's report is not critical of the officer's conduct, the board is not required by law to offer a hearing to the officer, but the board may, hold hearings as deemed appropriate by the board. 8. The board's report to the city council shall be completed within ninety (90) calendar days of receipt of the chiefs or city manager's report. The city council may grant requests for extensions to this deadline upon good cause shown. Ordinance No. Page 4 9. Nothing in this chapter shall in any way impede or interfere with the police chiefs and the city manager's lawful ability to perform their personnel supervisory duties over sworn police officers, including the ability to impose discipline as deemed appropriate by the police chief or city manager. 10. No findings or report submitted to the board or prepared by the board shall be used in any other proceedings. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 2018. Mayor Attest: City Clerk Approved by City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton that the First Consideration 02/05/2019 Voteforpassage: AYES: Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: Mims. Second Consideration _ Vote for passage: Date published Item Number: 16. r �, CITY OF IOWA CITY COUNCIL ACTION REPORT February 5, 2019 Ordinance providing that general property taxes levied and collected each year on certain property located within the Moss Ridge Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Moss Ridge Urban Renewal Plan. (First Consideration) Prepared By: Wendy Ford, Economic Development Coordinator Reviewed By: Simon Andrew, Assistant to the City Manager Fiscal Impact: N/A Recommendations: Staff: Approval Commission: N/A Attachments: Ordinance Executive Summary: The Moss Ridge Urban Renewal Plan was approved by Council April 27, 2010 (resolution No. 10- 137) and is the prerequisite for the area to be designated a Tax I ncrement Financing (TI F) district. The second step to implementing a TI F district within an Urban Renewal Area (URA) is to adopt a TIF ordinance. The TIF ordinance enables the division of property taxes to help meet the objectives of the urban renewal plan. Plans for the first development in the area are underway and the City desires to capture the tax increment to reimburse itself for building Moss Ridge Road in 2015. Background /Analysis: Among the objectives of the Moss Ridge Urban Renewal Plan are the following: - To encourage and support development that will expand the taxable values of property within the Urban Renewal Project Area; - To plan for and provide sufficient land for new commercial and industrial development in a manner that is efficient from the standpoint of providing services; - To help finance the cost of constructing street and other infrastructure improvements to support new development; and - To stimulate, through public action and commitment, private investment in new commercial and industrial development. To start the process of achieving these goals, the City built the $4.9 Million Moss Ridge Road from Highway 1 to the eastern property line of the Moss development properties in 2015. The City applied for and was granted a RI SE grant from I DOT for $1.9 Million. The remaining $3 Million was paid for by the City. It had always been the goal of the City to repay itself for those costs using a portion of the tax increment generated by the new development that would occur because of the road. Recently, a parcel in the URA was sold to a developer for a highway commercial project near the intersection of Highway 1 and Moss Ridge Road. When a TI F ordinance is approved, there is a 20 -year limit on its use. This TI F Ordinance includes only the area on which that first development will occur, thus preserving as much of the 20 -year TI F window on the rest of the URA as possible. The 20 -year window will begin on the parcel in the TI F Ordinance area and enable the City to use the TI F increment generated by the new development to repay itself for costs incurred building Moss Ridge Road. It is important to note that the developer of the lot has not requested TI F financing but that the development on which he/she will pay 100% of their property taxes, will generate taxes the City may use to recoup road building costs. Staff recommends the adoption of the TIF ordinance allowing the diversion of the increase in property taxes realized to assist in projects where public benefit will be realized. The public benefit in this case is the public road constructed in 2015. ATTACHMENTS: Description Ordinance E Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5248 Ordinance No. An ordinance providing that general property taxes levied and collected each year on certain property located within the Moss Ridge Urban Renewal Area, in the City of Iowa City, County of Johnson, State of Iowa, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, rebates, grants, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Moss Ridge Urban Renewal Plan. Whereas, the City Council of the City of Iowa City, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 10-137 passed and approved on the 27th day of April, 2010, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the Moss Ridge Urban Renewal Area, (the "Urban Renewal Area"), which Urban Renewal Area includes the parcel located within the area legally described as follows: That portion of the northwest quarter of the northeast quarter lying northwesterly of the northwesterly right of way line of Highway; that portion of the south half of the northwest quarter, lying northwesterly of the northwesterly right of way line of Highway 1 (excepting therefrom the portion conveyed to the City of Iowa City for road purposes as described in the Deed recorded in Book 5165 at Pages 808-812); all in Section 36, Township 80 North, Range 6 West of the 5thP.M. Subject to easements and restrictions of Record; and Whereas, expenditures and indebtedness have been incurred by the City of Iowa City, Iowa to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan; and Whereas, the City Council of the City of Iowa City, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section 1. That the taxes levied on the parcel in the Urban Renewal Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Iowa City, County of Johnson, Iowa City Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of that parcel described above, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Iowa City certifies to the County Auditor the amount of loans, rebates, grants, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Iowa City, Iowa hereby established, to pay the principal of and interest on loans, grants, rebates, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Iowa City, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Urban Renewal Area without any limitation as hereinabove provided. Section 4. Unless or until the total assessed valuation of that parcel described above exceeds the total assessed value of that parcel described above as shown by the last equalized assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and collected upon of that parcel described above shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Iowa City, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes of that parcel described above shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from that parcel described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of the Ordinance which shall at all times be construed to fully invoke the provision of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Area and the territory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this day of 20 MAYOR ATTEST: CITY CLERK Approved by i City Attorney's Office Ordinance No. Page It was moved by and seconded by _ Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Salih Taylor Teague Thomas Throgmorton First Consideration 02/05/2019 Vote for passage: AYES: Taylor, Teague, Thomas, Throgmorton, Cole, Salih. NAYS: None. ABSENT: Mims. Second Consideration _ Vote for passage: Date published that the