HomeMy WebLinkAboutP&Z Packet 04-19-18MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
MARCH 12 – 5:15 PM – WORK SESSION
HELLING CONFERENCE ROOM , CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Max Parsons, Mark Signs, Jodie
Theobald
MEMBERS ABSENT: Mike Hensch, Phoebe Martin
STAFF PRESENT: Sylvia Bochner, Sara Hektoen, Bob Miklo,
OTHERS PRESENT:
CALL TO ORDER:
Freerks called the meeting to order at 5:15 PM.
REZONING ITEM (REZ18-00003):
Discussion of an application submitted by Hodge Construction for a rezoning of approximately
1.1 acres from Intensive Commercial (Cl-1) zone to Riverfront Crossings - Central Crossings
(RFC-CX) zone for the property located at 225 & 225 E. Prentiss Street.
Miklo began by showing some photos of what the property looks like today, and since the last
meeting the City did receive a revised plan showing the floodway which will allow the ability to
establish the setback for the building because it has to at least 30 feet back from the floodway.
The applicant also included a concept plan showing how the area between the building and
floodway would be developed as open space in the plan. The plan includes a sidewalk at the
top of the bank down to the end of the property, and also will loop the sidewalk back down to the
alley to provide access to other properties which are managed by the same owner. Miklo stated
that the applicant has also revised their building plans to show the 10 foot stepback from the
street sides. As a reminder Miklo added that Ralston Creek is considered a pedestrian street so
that side of the building must also have the stepback. Miklo stated that the Code does allow at
the intersection of two streets (in this case Prentiss Street and Ralston Creek (as the pedestrian
street)) a tower that does not have to include the stepback and can be as wide as 30 feet wide.
Therefore the applicant’s concept now complies with the Form-Based Code. Therefore Staff
believes this application is ready for a recommendation to Council for approval with the previous
stated approval subject to a conditional zoning agreement for the improvement of the Ralston
Creek pedestrian street, including putting in the walkways, pedestrian scale lighting, and
landscaping. It might also include some grading along the bank and that will be in coordination
with the City Engineer on the specifics of that.
Freerks asked about the concept drawings and if that was the final design. Miklo said the
concept does show the stepbacks but the final design would have to be approved by the Staff
Design Review Committee. Miklo added that the strong message the Commission gave at the
last meeting the Committee will be reviewing the design carefully. Freerks asked if the
Commission can see the final design approval. Miklo said he would be happy to share the final
design with the Commission.
Freerks asked about the building density with the new design. Miklo was unsure of the exact
density but would find out.
Planning and Zoning Commission
March 12, 2018 – Work Session
Page 2 of 6
REZONING ITEM (REZ17-00015):
Discussion of an application submitted by Cardinal Pointe West, LLC for a rezoning of
approximately 7.84 acres from Interim Development Research Development Park (IDRP) zone
to Low Density Multifamily (RM-12) zone for the property located west of Camp Cardinal
Boulevard and east of Deer Creek Road.
Bochner stated that at the last Commission meeting there were questions about the exact
language that was used in the plans so she provided in a memo to the Commission an excerpt
from the Clear Creek Master Plan that gives specifics on the language used for that area.
Bochner also shared the image that indicates the proposed land uses in that area. Bochner
stated the City also received some updates to the plan from the applicant, they added a note to
the plan regarding the dust control on Deer Creek Road, they said the owners have an
agreement in place with the quarry to provide dust control twice per year. Bochner noted that to
address the concerns regarding open space, the applicant has added three patios, one outside
each building.
Freerks asked if those would be concrete patios and Bochner was unsure what the material
proposed would be. Freerks would like to have more details on that. Bochner said the
applicant plans to include grills and picnic tables as well as possibly pergolas over the patios.
Bochner also added the City has received a more detailed landscape plan that shows all of the
plant species and landscaping above and beyond the minimum requirement. It also has the
three rows of evergreens between the right-of-way and the site. Miklo added that the
evergreens will require approval of the City Forrester to have them placed in the right-of-way
because anything planted in the City right-of-way they become City plantings for the City to
maintain. The City Forrester did point out that given the elevations (this is going uphill)
plantings in the right-of-way, even when mature, won’t likely be high enough to screen the
building or buffer the view from the highway. Miklo feels they will know by the meeting
Thursday if the City Forrester is willing to take on these plantings.
Theobald noted that one of the species indicated will probably require treatment with fungicide
yearly otherwise it will lose the bottom growth and therefore its effectiveness as a screen is
negotiable.
Bochner stated that the deficiencies listed in the previous staff report have been resolved.
Freerks asked if they could not only include the language from the Clear Creek Master Plan but
also the Master Plan update from 2013, specifically the language on the buffer for residential
property and compatible uses to ensure the long-term livability of neighborhoods, provide
sufficient buffers between residential development and land uses and activities such as waste-
water treatment plant, Interstate 80 and Highway 218, and the landfill. Freerks feels that is an
important piece of information.
Dyer asked about the size of the patios. Bochner said the plan does not list dimensions. Miklo
calculated at a quick glance they appeared to be approximately 45’ by 15’. Parsons feels the
patios won’t be appreciated by the people who will live with it right outside their windows.
Freerks and Signs both indicated it was not what they envisioned when they asked for
community space. Signs stated it is just basically an extension of the concrete parking areas.
Freerks suggested staff relay to the applicant that will be a concern at the meeting Thursday.
Parson added that the Commission had suggested integrating the open space with the lake
Planning and Zoning Commission
March 12, 2018 – Work Session
Page 3 of 6
nearby and that was not taken in consideration. Miklo said the applicant can address the open
spaces on Thursday, however they did point out they are adding considerable amount of
sidewalk and that sidewalk will get to the lake eventually.
Theobald noted that another one of the screening trees will lose its foliage from a fungus in the
summer and she also stated there are no suppliers in this area that carry that particular tree.
Signs added there seems to be a disconnect between landscape architects and the nursery
industry and product availability.
REZONING ITEM (REZ18-00002):
Discussion of an application submitted by Ross Nusser for a rezoning of approximately 1.89
acres from Planned Development Overlay/High Density Single Family Residential (OPD/RM-
12) zone to Low Density Multifamily Residential (RM-12) zone for the property located at 1705
Prairie Du Chien Road.
Miklo stated the applicant has asked for a deferral until April to have more time to come up with
a plan.
REZONING ITEMS REZ18-00011, REZ18-00010, REZ18-00012, REZ18-00009, REZ18-
00008, REZ18-00006 & REZ18-00007:
These are applications submitted by the Historic Preservation Commission for a rezoning to
designate the property as an Iowa City Historic Landmark.
Miklo said that six out of seven of these properties were identified by the Historic Preservation
Commission. If the Commission recalls, when the Dubuque Street cottages were in a rezoning
process the Historic Preservation Commission was criticized for waiting too long to declare them
landmarks and therefore they were demolished. Therefore the Historic Preservation
Commission has proactively gone out and looked for other properties that might be endangered
but also meet the historic preservation guidelines and eligible for the national registry. All of the
applications, other than REZ18-00011, were in that identification process noted as being eligible
for the national registry and because of their location close to downtown or near a commercial
area may be threatened in the future. Historic Preservation Commission plans to come forward
with others as well, these were the ones they felt were most critical at this time.
In terms of the Planning & Zoning Commission role, the Ordinance is very specific that it is up to
the Historic Preservation Commission that they meet historic architecture and criteria, the
Planning & Zoning Commission reviews the Comprehensive Plan and how these proposals
comply with the Comprehensive Plan. In addition to the main Comprehensive Plan there is a
Historic Preservation Plan and several of these properties fall in the Central District Plan which
specifically discusses properties that fall into historical preservation. The Zoning Code does
provide incentives to preserving all these homes and the Board of Adjustment can waive certain
zoning requirements to allow uses that would not otherwise be allowed to preserve these
homes.
The first one is on Park Road and Lexington Drive in the Manville Heights neighborhood, the
building was recently listed on the National Registry of Historical Places, and it was built by a
physician associated with the founding of The Children’s Hospital at the University of Iowa in the
early part of the last century. The owner is seeking the designation of landmark as his concern
is he won’t own it forever and he wants to make sure this special property is preserved over
time.
Planning and Zoning Commission
March 12, 2018 – Work Session
Page 4 of 6
The next application is on Dodge Street and Prairie Du Chein (across form the Hilltop and
HyVee). This building is probably more important because of its architecture than its history.
The history is interesting that the original builder went bankrupt during the construction and
someone else had to take it over midpoint. It is quite unique architecturally in terms of its
design, it is Queen Anne with some colonial aspects. The area is zoned RS-8 so a duplex
would be allowed on that corner.
Next is located on Bloomington Street, it is currently a mixed-use building, the bottom floor
operates as an office and the upper floor contains one or two apartments. This is a brick
structure that is pretty much still intact as the way it was originally constructed.
Next is a property located on Market Street, near Brewery Square (which was built as a
brewery) and the house was built by that owner right next door. It is again an early brick house,
it has lost its porch but that could be replaced.
The next application is also on Bloomington Street, also near a brewery that once existed on the
corner. It is currently a commercial use, and is zoned commercial, and the Comprehensive Plan
talks about this area, and the North Market Square commercial area, and the special character
it has and the goal of the Plan is to preserve that unique character of the area. There are
several other landmark buildings in the neighborhood, and this application would add two more.
Next is a property on North Dubuque Street, north of Davenport Street, a small brick cottage
that was one of the early residential structures in Iowa City. The area is zoned RM-44 which is
high density multi-family so potentially there could be more units on this site.
The final application is a property on North Clinton Street across from the University of Iowa.
This home has an interesting history that the builder was a surgeon during the Civil War and
then the Sharpless family (an old Iowa City family) acquired it after that. There is an addition on
the house in the rear that is not historic as well as a garage on the back that is not historic.
Miklo explained that in a situation like this where there are non-historic elements of the property,
the Historic Preservation Guidelines provide a lot of flexibility on how those are treated. They
can be removed or replaced. If replaced the goal would be any replacement to be compatible in
design with the historic structure. This property is zoned RM-44 so there is some development
potential that could incorporate this building.
Freerks stated she did receive a letter from the gentleman who owns the North Clinton Street
property. All Commissioners received that letter. Hekteon stated there is a letter in the packet
from the owner’s attorney, Parsons acknowledged it is the same letter they all received. Miklo
noted one of the points in the letter is that this designation may affect the value of the property
and he stated that the United States Supreme Court has decided in a couple of cases that
landmark status is a zoning activity that communities can do even if there is some diminishment
in value . Hetkeon added that since it is all one parcel there is no way to just designate the
house as the historic landmark. Miklo added that according to the guidelines there is flexibility
with the modern addition and garage in the back.
DEVELOPMENT ITEM (SUB18-00002):
Discussion of an application submitted by University Lake Partners, II for preliminary plat of
Forest Hills Estates, a 53.29-acre 5-lot subdivision with 4 residential lots and 1 commercial
office lot located south of Interstate 80 west of Prairie Du Chien Road.
Planning and Zoning Commission
March 12, 2018 – Work Session
Page 5 of 6
Miklo noted that the Commission recommended approval of rezoning this area a few weeks
ago, this action would be to create the various lots that were shown in the zoning plan. Lot one
is for the commercial office, lot two for seven townhouses, lot three for the senior housing, lot
four for townhouses, and lot five for townhouses. Outlot A would be permanent open space and
preservation of the woodlands. Miklo stated this item was deferred at the last meeting because
the stormwater management had not been approved by the City Engineer, they are still working
through that with the goal of having an approved plan by Thursday night. If the City Engineer
does not sign of on water management by Thursday, Staff will recommend deferral.
Theobald questioned the senior housing and didn’t recall that designation in the original
proposal. Miklo said it will be senior housing but that is not something that his noted on a plat.
Freerks added that the staff report only indicated multi-family which is very open-ended so
having it specified as senior housing would be better. Miklo said that once this plat is approved,
if the applicant tried to change it to conventional multi-family it would not meet the parking code
requirements.
Miklo also pointed out the Outlot B will be dedicated to the City and become part of the right-of-
way for Foster Road.
DEVELOPMENT ITEM (SUB18-00003):
Discussion of an application submitted by Stewart Road Development, LLC for a preliminary
plat of Pine Grove Estates, a 4.59-acre 4-lot residential subdivision for property located at 3910
Stewart Road NE in Fringe Area A of the Iowa City/Johnson County Fringe Area Agreement.
Bochner stated this property is in the County, located on Stewart Road, in Fringe Area A so
therefore with this County subdivision the City has to approve, but the subdivision can still be
built just to County standards. The Comprehensive Plan for this area is the Fringe Area
Agreement which is created by Johnson County and the City of Iowa City together, and the
intended land use for this area is residential. What the applicant is proposing is to split one lot
into four, each lot is slightly over an acre with access from a private drive. The water and sewer
would be through private water well and septic with the County Health Department standards
met. For stormwater management they are showing some bioswales located on either side of
the proposed road. The current zoning is County residential with a minimum lot size of one
acre.
Freerks asked about the turnaround and if it was sufficient for fire safety. Miklo stated it is, the
total area is five acres so there will be plenty of open space for emergency equipment.
Miklo pointed out Rapid Creek and said that is the furthest north the City plans to annex so that
is why the Fringe Area Agreement allows a lot more flexibility in this area, as there are no plans
to annex this area into the City.
Theobald questioned the access road off Steward Road, noting it is right before a very sharp
curve there. Miklo noted that the County Engineer had to approve the road.
Adjournment:
Parsons moved to adjourn.
Signs seconded.
A vote was taken and the motion passed 5-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2017 - 2018
6/15
7/6
7/20
8/3
8/17
9/7
9/21
10/5
10/19
11/2
12/7
12/21
1/4
1/18
2/15
3/1
(W.S)
3/12
DYER, CAROLYN X X X X X X X X X O/E X X X X X X X
FREERKS, ANN X X X X O/E X X X X X O/E X X O/E X X X
HENSCH, MIKE X X X X X X X X X X X X X X X X O/E
MARTIN, PHOEBE O/E X X X X X X X X X X O/E O/E X X X O/E
PARSONS, MAX X X X X X O/E X X X X X X X X O/E X X
SIGNS, MARK X X X X X X X X X X X X X X X X X
THEOBALD, JODIE X X X O/E X X X X X X X X O/E X O/E X X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
MARCH 15, 2018 – 7:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Ann Freerks, Phoebe Martin, Max Parsons, Mark Signs, Jodie
Theobald
MEMBERS ABSENT: Carolyn Dyer, Mike Hensch
STAFF PRESENT: Sylvia Bochner, Sara Hektoen, Bob Miklo,
OTHERS PRESENT: Kevin Digmannm, Susan Fornash, Jason Walton, Ginalie Swaim,
Thomas Agran, Jim Larew, Joy Smith, Christopher Jones, Robert
Crane, Rob Decker, Larry Svobada
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 5-0 the Commission recommends approval of REZ18-00003 an application
submitted by Hodge Construction for a conditional rezoning of approximately 1.1 acres from
Intensive Commercial (Cl-1) zone to Riverfront Crossings - Central Crossings (RFC-CX) zone
for the property located at 225 & 225 ½ E. Prentiss Street.
By a vote of 5-0 the Commission recommends approval of REZ18-00011, an application to
designate 715 West Park Road as an Iowa City Historic Landmark and rezone from Low
Density Single Family Residential (RS-5) to RS-5 with a Historic Preservation Overlay (RS-
5/0HP).
By a vote of 5-0 the Commission recommends approval of REZ18-00010, an application to
designate 1029 North Dodge Street as an Iowa City Historic Landmark and rezone from
Medium Density Single Family Residential (RS-8) to RS-8 with a Historic Preservation Overlay
(RS-8/0HP).
By a vote of 5-0 the Commission recommends approval of REZ18-00012, an application to
designate 504 East Bloomington Street as an Iowa City Historic Landmark and rezone from
Commercial Office (C0-1) to C0-1 with a Historic Preservation Overlay (C0-1/0HP).
By a vote of 5-0 the Commission recommends approval of REZ18-00009, an application to
designate 213 East Market Street as an Iowa City Historic Landmark and rezone from Central
Business Support (CB-5) to CB-5 with a Historic Preservation Overlay (CB-5/0HP).
By a vote of 5-0 the Commission recommends approval of REZ18-00008, an application to
designate 319 E. Bloomington Street as an Iowa City Historic Landmark and rezone from
Central Business Service (CB-2) to CB-2 with a Historic Preservation Overlay (CB-2/0HP).
By a vote of 5-0 the Commission recommends approval of REZ18-00006 an application to
designate the property located at 412 N Dubuque Street as an Iowa City Historic Landmark and
rezone from High Density Multi-Family Residential (RM-44) to RM-44 with a Historic
Preservation Overlay (RM-44/0HP).
Planning and Zoning Commission
March 15, 2018
Page 2 of 23
By a vote of 5-0 the Commission recommends approval of REZ18-00007, an application to
designate 410-412 North Clinton Street as an Iowa City Historic Landmark and rezone from
High Density Multi-Family Residential (RM-44) to RM-44 with a Historic Preservation Overlay
(RM-44/0HP).
By a vote of 5-0 the Commission recommends approval of SUB18-00002 an application
submitted by University Lake Partners, II for preliminary plat of Forest Hills Estates, a 53.29-
acre 5-lot subdivision with 4 residential lots and 1 commercial office lot located south of
Interstate 80 west of Prairie Du Chien Road.
By a vote of 5-0 the Commission recommends approval o SUB18-00003 an application
submitted by Stewart Road Development, LLC for a preliminary plat of Pine Grove Estates, a
4.59-acre 4-lot residential subdivision for property located at 3910 Stewart Road NE in Fringe
Area A of the Iowa City/Johnson County Fringe Area Agreement.
CALL TO ORDER:
Freerks called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
REZONING ITEM (REZ18-00003):
Discussion of an application submitted by Hodge Construction for a rezoning of approximately
1.1 acres from Intensive Commercial (Cl-1) zone to Riverfront Crossings - Central Crossings
(RFC-CX) zone for the property located at 225 & 225 ½ E. Prentiss Street.
Miklo explained that this item was deferred from a previous meeting, since that meeting the
applicant has submitted a revised concept plan. Miklo showed photos of the current condition of
the property. The revised concept plan clearly identifies the floodway and that is important
because the setbacks for buildings on this property are based on the 30 foot setback from the
floodway, the plan also includes a pedestrian street, or walkway system, to serve the residents
of this building as well as the rest of the neighborhood. The plan calls for a walkway at the top
of the bank of Ralston Creek and then would move back to the alley so it would also provide
access to residents of the other buildings this applicant is building. The plan shows pedestrian
scale lighting and landscaping. In terms of the landscaping Miklo noted it is very conceptual at
this point, when the site plan is approved by the Design Review Committee they will work with
the applicant and City Forrester for more specifics on the landscaping plan but in general the
layout of the walkways and lighting should conform to this concept plan. Miklo noted the revised
plan also shows the 10 foot stepback on the fourth floor, an exception to that is the corner. The
Riverfront Crossing Code does allow at intersections of streets (in this case Prentiss Street and
the pedestrian street along Ralston Creek) a taller element, so this concept meets the Code.
Martin asked about the floodway, Miklo said the floodway goes up to the top of the bank.
Staff is recommending approval of REZ18-00003 subject to a conditional zoning agreement
which would specify the applicant will improve the pedestrian street to the center of the creek
Planning and Zoning Commission
March 15, 2018
Page 3 of 23
and will work with the City Engineer for the specifications, at a minimum it will include the
walkway and lighting shown in the concept plan.
Freerks opened the public hearing.
Kevin Digmann (Hodge Construction) noted that they took the comments from the
Commission’s last meeting and tried to mirror what was in the book for the route and the
sidewalks, make it more friendly, they’ve added decks to the sides of the building, to bring more
area to view the creek and be outside, along the front of the building they added the stepback
per the Code.
Freerks noted the updated concept plan is much improved and appreciates Digmann and his
team working with City Staff in the last couple weeks to accomplish this.
Freerks closed the public hearing.
Parsons moved to recommend approval of application submitted by Hodge Construction
for a rezoning of approximately 1.1 acres from Intensive Commercial (Cl-1) zone to
Riverfront Crossings - Central Crossings (RFC-CX) zone subject to a Conditional
Zoning Agreement addressing the need for the improvement of Ralston Creek and the
pedestrian street for the property located at 225 & 225 ½ E. Prentiss Street
Martin seconded the motion.
Freerks noted this is much improved, she asked that the Commission be showed the final
approved plan.
Parsons added he liked the adjustments and thinks this will be a great addition to the area.
Signs agreed, it is a much more pleasant creek side area and he likes the addition of the decks.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ17-00015):
Discussion of an application submitted by Cardinal Pointe West, LLC for a rezoning of
approximately 7.84 acres from Interim Development Research Development Park (IDRP) zone
to Low Density Multifamily (RM-12) zone for the property located west of Camp Cardinal
Boulevard and east of Deer Creek Road.
Bochner stated this item was deferred from the March 1 meeting due to questions about the
language for the area that was used in the Clear Creek Master Plan.
Freerks interjected that she was asking about the Master Plan in general, not just the Clear
Creek Master Plan.
Bochner continued noting the Clear Creek Master Plan discusses this area specifically, but she
will also discuss the Comprehensive Plan goals of this area. Bochner stated the Clear Creek
Master Plan states “The southwest facing slopes adjacent to Highway 218 represent a good
Planning and Zoning Commission
March 15, 2018
Page 4 of 23
location for office park/research type uses and could provide a good image along the
"technology corridor" and buffer residential uses at the interior of the site. Multi-family residential
such as apartments and high-rise condominiums would be used in the transition to single family
residential use.” Bochner notes the Clear Creek Master Plan also discusses the density of this
area and talks about a conservation-type development that would allow for the preservation for
some of the natural features by clustering density. Bochner stated there is a goal in the
Comprehensive Plan that talks about buffering residential development from incompatible uses
and that goal discusses specifically Highway 218 as one of those uses where it is important to
buffer residential uses.
Bochner noted that since the March 1 meeting, the applicant has also submitted some changes
to the plan. The first is adding a note regarding dust control on Deer Creek Road. Owners have
an agreement in place with the quarry to provide dust control. Second, they have added 3 patios
outside each building, which will include grills and picnic tables, as shared outdoor amenities.
They indicated that owners may install pergolas over the patios as well. Final change is a more
detailed landscape plans that include plant species and landscaping above and beyond the
minimum requirement, including three rows of evergreens along the west property line, one row
of trees in the right-of-way (which need City approval prior to installation), site shrubs with
species listed, and clearly defined existing woodlands.
Bochner noted that the deficiencies listed in the March 1 meeting have been resolved so Staff is
recommending approval.
Freerks asked about the rows of evergreens in the right-of-way and if the City Forrester has
agreed to allow that. Miklo said he has not heard back from the City Forrester, but if the
evergreens are allowed, but if they are allowed the applicant would likely be responsible for
maintaining them as the City will not be able to do so.
Freerks opened the public hearing.
Susan Fornash (Hall & Hall Engineers) came forward to address any questions the Commission
has, she believes they have addressed all the previous concerns with the revised site plan.
Parsons asked about the pond near the property and if there would be any connection. Fornash
said they did add a lot of sidewalks onto the site but with some of the grade changes and
wooded areas they were unable to connect the sidewalks or trails to the pond.
Freerks shared her disappointment with how the patios appear to have just become extensions
of the parking lots and feels the patios won’t be utilized and may just be annoyances for the
tenants next to them. She notes that everything is so compact in this plan, so they can fit the
density into the small area, and also is still concerned that these buildings will be so close to the
interstate. The Comprehensive Plan states “to help ensure the long-term livability of
neighborhoods, provide sufficient buffers between residential development and land uses and
activities such as waste-water treatment plant, Interstate 80 and Highway 218, and the landfill.”
and she just doesn’t see this property being sufficiently buffered. The reason the Plan calls for
commercial in this area is for the buffer, she understands that commercial may not be valid in
this area and cannot be sustained, but feels the scale of this project makes it so close to the
highway and would like to see all the buildings being past the 300 foot buffer. Fornash
explained they do need to encroach into the buffer due to the heavily wooded nature of the lot
and the desire to preserve as many trees as possible.
Planning and Zoning Commission
March 15, 2018
Page 5 of 23
Martin asked about the market research done to decide how many units to build and the design,
did they identify who the clientele would be and how that clientele fits into this design. Fornash
said the majority of the units are one-bedroom apartments, and the market shows a need for
that, as well as the affordability.
Jason Walton (Walton Builders) stated the partner that does most of their market research is
currently in Florida but he will try to answer the questions. First, they thought it would be a good
location given the elementary school close by, the access to the interstate was a draw, and the
location is relatively close to the University Hospitals. Walton also noted they will market to
Baby Boomers, there are a lot of people that are moving back to this area to be close to the
hospital. The original plan was maybe a 30 unit but when they decided to add more single
bedroom units the density increased.
Freerks asked if they are all single bedroom units. Walton replied they are not all single unit, it
is a mix. But they added the single units to accommodate single people because there is a
good market for those, especially in this area. Walton noted that after meeting with City Staff
originally they felt this density would be appropriate for the area. They feel the area is up and
coming, they have other developments down the road that support the need for this area as
well, so it seems like it is a good fit.
Freerks noted that a concern is the buffering has to be in the City right-of-way, it is that close to
the highway and that buffer has not been approved by the City Forrester at this time. Walton
noted that in terms of buffering sounds from the interstate they are using special insulation on
the exterior and in windows to keep the units quiet. In terms of the tree buffer in the right -of-way
that may not even help with the sound as much it is more for a visual buffer. He noted that
further down the highway (to the south) there is a development of single-family houses and
some multiplex units that have zero buffering. Miklo stated those areas were developed prior to
2008 when the City adopted the subdivision regulations that require a 300 foot buffer for any
residential subdivision near a four-lane highway. Miklo added that this application is not a
subdivision so it is not automatically subject to that setback unless it is added as a condition on
a conditional zoning agreement.
Walton acknowledged that living next to a highway or area with high traffic is not ideal due to
sound but it is something people do and get used to. He wants the tree buffer more aesthetics
to the area, not for sound, as on the east side of the property there are gorgeous oak trees. He
added that in their plans they have made some accommodations regarding the critical grades
by moving the parking lot back and to preserve as many trees as possible.
Freerks asked about those trees and preservation. Miklo said it is a woodland and they are
required to preserve a percentage and the applicant meets that requiriement.
Walton added that in terms of the patios he agrees that perhaps they aren’t in the best
locations, and had thought about possibility just putting one large area to the north. He
referenced a development in Tiffin he had done where they added a nice park/play area. In this
case he would like to do something similar in the northwest corner, provided they can get
enough dirt in there (as it drops off considerably), he just can’t promise it at this point.
Freerks suggested he defer tonight so he can investigate that outdoor area and come back with
more decisive plans.
Planning and Zoning Commission
March 15, 2018
Page 6 of 23
Signs agreed on the proposed three patios, he doesn’t not like that it appears to just be so much
concrete in such a small grass area. He had suggested at the last meeting an elevated
walkway or deck over that north area to overlook the pond.
Fornash asked if that was the only sticking point on the approval (the outdoor area). Freerks
would also like to see the buildings outside the buffer zone.
Martin added one of her concerns was why even care about patios when the buffer and noise
are such a concern. She asked about the market research because if the school nearby was a
big factor, what good is a one-bedroom apartment. Therefore she is not fully convinced with
what is the point of this development. Martin stated that the buffer is a big deal to her, she
knows people that live in the development to the south and they feel they are “stuck” there
because no one will want to buy their house because it is right on the highway.
Freerks stated the Commission is responsible for ensuring the Comprehensive Plan is met and
that they create neighborhoods that are sustainable and that people want to be a part of.
Theobald voiced her concern about the landscape plan and plant selections (especially on the
buffer) and wants to make sure the City Forrester looks it over and approves. She noted a
couple of conifers are susceptible to fungus and will not look very attractive and lose their lower
branches. Miklo added that the City Forrester generally does not review the final design plans,
so the Commission can make that a condition of approval.
Walton commented on the building sizes and trying to make them fit into the 300 foot buffer
zone. He stated there was discussion on making the buildings taller (and smaller footprint) but
to do so would cause a loss of parking below the building. Miklo said staff had suggested the
taller buildings. Walton added the challenge with adding garages is the steep drop-off, they
would have enough parking spaces if they shrunk the buildings but not all units would then get
covered parking.
Walton noted he is open to deferral to the next meeting if the Commission deems that
necessary.
Freerks closed the public hearing.
Theobald moved to defer REZ17-00015 the rezoning of approximately 7.84 acres from
Interim Development Research Development Park (IDRP) zone to Low Density Multifamily
(RM-12) zone for the property located west of Camp Cardinal Boulevard and east of Deer
Creek Road.
Parsons seconded the motion.
Signs is having less problem with building locations, buffer and sounds, and feels there has
been a significant precedent all along Highway 218 of properties that are closer than the 300
foot buffer and this is likely the last property along Highway 218 that is left to develop. He
appreciates that they have conserved a significant part of the sloped areas and natural
woodlands. He is totally disturbed by having the concrete patios next to the parking areas and
wants to see some type of walkway area out towards the pond area. Signs understands that as
a Commission and community the goal is to provide positive living environments and he feels
the conservation of the slopes and wooded area will help outweigh some of the other negatives
of the area.
Planning and Zoning Commission
March 15, 2018
Page 7 of 23
Theobald noted she lives about a mile away from the subject property and can hear the highway
traffic all night at her house. She is very concerned about noise buffering and fumes from the
highway are putting future residents in an unhealthy environment.
Freerks agreed, the 2030 Plan was adopted for a reason and it states that concerns are noise
and fume buffers so she cannot just ignore that.
A vote was taken and the motion to defer was carried 5-0.
REZONING ITEM (REZ18-00002):
Discussion of an application submitted by Ross Nusser for a rezoning of approximately 1.89
acres from Planned Development Overlay/High Density Single Family Residential (OPD/RM-
12) zone to Low Density Multifamily Residential (RM-12) zone for the property located at 1705
Prairie Du Chien Road.
Miklo stated the applicant has asked for a deferral until April.
Freerks opened the public hearing.
Seeing no one, Freerks closed the public hearing.
Signs moved to defer item REZ18-00002 an application submitted by Ross Nusser for a
rezoning of approximately 1.89 acres from Planned Development Overlay/High Density
Single Family Residential (OPD/RM-12) zone to Low Density Multifamily Residential (RM-
12) zone for the property located at 1705 Prairie Du Chien Road.
Parsons seconded.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ18-00011):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 715 West Park Road as an Iowa City Historic Landmark.
Miklo began by stating the next seven items are nominations Historic Preservation Overlay
zoning to designate properties as historic landmarks. Before the Commission discusses each
specific property Miklo made a few comments that pertain to them as a group for the
Commission to keep in mind. He will then speak to each property individually as they move
through the agenda.
As noted the City’s Comprehensive Plan is a guide to development of the City. The
Commission works with it on a regular basis to help shape the form of new development as the
community grows. Additionally the plan also supports conservation of natural areas and
neighborhoods. The Comprehensive Plan also includes a Historic Preservation component that
calls for the identification of historic buildings and neighborhoods that are important to the City’s
past. The Historic Preservation Commission does this work by studying buildings and gathering
information about their history. Once historic buildings are identified the Plan calls for protecting
Planning and Zoning Commission
March 15, 2018
Page 8 of 23
them through the zoning code (land mark designation) and offering incentives to help preserve
them for the long-term.
The first step in the formal process is Public hearing before the Historic Preservation
Commission. If the Historic Preservation Commission determines that a property meets the
criteria for historic designation it forwards a proposal to the Planning and Zoning Commission
for consideration of a Historic District or Historic Landmark Overlay Zone. The Planning and
Zoning Commission is charged with reviewing proposed landmarks based on the relationship to
the goals of the City’s Comprehensive Plan. The Planning and Zoning Commission is not being
asked whether a building qualifies as being historic or not - that is the task of the Historic
Preservation Commission. The Planning and Zoning Commission is being asked if the
preservation of a proposed landmark complies with the broad as well as specific goals of the
Comprehensive Plan. The Planning and Zoning Commission recommendation will be forwarded
to the City Council which will have final say regarding designation.
Once a property is designated changes to the exterior of the property that require a building
permit must be reviewed by the Historic Preservation Commission or their staff for compliance
with the Historic Preservation Guidelines before the permit can be issued. Changes to the
interior of a historic building are not reviewed. Routine maintenance such as painting does not
require a permit and therefore does not require review. Many permits are reviewed
administratively by the Historic Preservation Commission’s staff. Significant changes such as
additions or removal of historic parts of a building require full Historic Preservation Commission
review.
The Historic Preservation Designation does not regulate the use of the property. The underlying
zoning still controls the use. Commercially zoned properties may continue being used for
commercial activity. Multi-family zoned property may continue to be used for apartments. The
designation does not require the property owner to take any action on the property other than
maintaining it in good condition – which is a requirement any property in town.
Designation as a historic landmark does provides some financial benefits. The Board of
Adjustment may reduce some zoning standards, such as parking requirements to encourage
the continued use of historic properties. There are also financial incentive such as grants and
no-interest loans, and tax credits that may be used for repair designated properties.
Miklo then began discussion on 715 W. Park Road which is located in Manville Heights
Neighborhood in the Northwest Planning District, however it is one of two districts that does not
have a specific plan and therefore the general Comprehensive Plan applies. It is zoned Low
Density Single Family and is used for single family use. It was built for Dr. Bayfield in 1917 –
Ginalie Swaim, Chair of the Historic Preservation Commission will provide you with more details
about its history and architecture. The Comprehensive Plan indicates that it the surrounding
neighborhood should continue as single family residential. The preservation plan element of the
Comprehensive Plan called for a study of the historic properties in the Manville Heights
Neighborhood. That study was completed several years ago and this is one of the properties
identified as being eligible for the National Register of Historic Places. It has since been listed
on the National Register.
Staff finds that the landmark designation of the property complies with the goals of the
Comprehensive Plan for the continued residential use of the property and for preservation of
historic elements of Manville Heights and therefore recommends approval.
Planning and Zoning Commission
March 15, 2018
Page 9 of 23
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) stated the home was built in
1917 as part of the first wave of home built in Manville Heights which is one of the most
cherished neighborhoods in Iowa City today developed by Bart Manville. The house is
historically significant for its association with prominent citizens. It was built for Albert Henry
Bayfield who was the founding chair of Pediatrics Department at The University of Iowa College
of Medicine and it was design by a University of Iowa Engineering professor Stuart Hobbs Sims.
Swaim stated this is a theme seen in Manville Heights, association of the houses with The
University of Iowa faculty or staff. There is a rich history there and this house is an example of
that. Swain continued by noting this house is also significant for its architecture, it is a large
scale, well-cared for and well-loved example that blends Tudor Revival and English Arts-and-
Crafts, not a style seen in Iowa City very often. With this property it appears possible to trace
Sims's inspiration to a similar house in Biddenham, England, which appeared in a plan book in
1912 that Sims is believed to have consulted.
Freerks closed the public hearing.
Parsons moved to recommend approval of REZ18-00011, an application to designate 715
West Park Road as an Iowa City Historic Landmark and rezone from Low Density Single
Family Residential (RS-5) to RS-5 with a Historic Preservation Overlay (RS- 5/0HP).
Signs seconded the motion.
Freerks noted there are two specific Comprehensive Plan goals related to this proposal (Goal 1
and Goal 10) and she believes this clearly meets those goals.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ18-00010):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 1029 North Dodge Street as an Iowa City Historic
Landmark.
This property, built in 1893 is located in the Shimek Neighborhood of the North Planning District.
This neighborhood was once known as “Tank Town” since there was a water tower there. It is
zoned Medium Density Single Family. The North District Plan identifies this general area as
appropriate for continued single family use. The plan also calls for identification and protection
of historic properties and neighborhoods.
Staff finds that designation of 1029 N. Dodge Street as a landmark will helpful these goals and
recommends approval.
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) noted this home is a true
architectural gem that many admire while stopped at the intersection of Dodge and Governor
Streets. It is significant for the City for its architectural style, it was built in 1893 and shows the
transition between to major styles of architecture, the Queen Anne and Colonial Revival. The
Planning and Zoning Commission
March 15, 2018
Page 10 of 23
overall height and proportion of the house, use of ocular windows, and spindle details are
elements of the Queen Anne. The heavily corniced dormer window above the front porch and
the large Palladian window in the adjacent gable are elements of Colonial Revival style. Swaim
added that the porch gable end filled with decorative woodwork in a vining pattern is particularly
lovely. The house is located in the Shimek Neighborhood, as Miklo stated was once known at
“Tank Town” which was a neighborhood of German and Bohemian immigrants.
Thomas Agran (512 N Van Buren Street) serves on the Historic Preservation Commission as a
representative of the Northside but is speaking as an individual this evening, his comments
apply to this property specifically but could generally apply to all subsequent ones tonight as
well. He thinks that spot zoning is not always ideal, but it was spot zoning that could have
saved the workers cottages. There are glamourous houses of historical value and there are
also things that have historic value that are not associated with the rich and famous, those
cottages were referenced in the Comprehensive Plan as a critical asset to the community and
anyone should recognize that this home and all the following homes would be recognized in the
same way. Agran stated that the Northside, as being seen this spring, is ripe for development
and investment and he feels tonight is an opportunity to prevent subsequent future tragedies
and a combination of both spot zoning for these properties, or a Form-Based Code for the
Northside would be a huge step forward in terms of sustaining the integrity of the neighborhood.
Miklo noted that the proposals are for overlay zones which are not spot zoning, overlays are
intended to preserve special properties with special characteristics whereas spot zoning is
giving special rights to properties.
Freerks closed the public hearing.
Signs moved to recommend approval of REZ18-00010, an application to designate 1029
North Dodge Street as an Iowa City Historic Landmark and rezone from Medium Density
Single Family Residential (RS-8) to RS-8 with a Historic Preservation Overlay (RS-8/0HP).
Martin seconded the motion.
Freerks noted there are two specific Comprehensive Plan goals related to this proposal (Goal 1
and Goal 10) and she believes this clearly meets those goals.
Signs agrees with remarks with some of the letters that this is house is a gem as a something to
see as one enters Iowa City.
Freerks also notes that often people feel there needs to be a mass of homes to have a historic
area, but she feels it is important to have these individual homes acknowledged too.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ18-00012):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 504 E Bloomington Street as an Iowa City Historic
Landmark.
Planning and Zoning Commission
March 15, 2018
Page 11 of 23
Miklo stated this property is also located in the Northside Neighborhood of the Central District.
It was built in 1880. It is zone Commercial Office, there is an office located on the first floor and
residential apartments on the second floor. The Comprehensive Plan indicates that this is an
appropriate use for the property. Again landmark designation does not regulate the use of the
property that is regulated by the underlying zoning. Designation of the this property will conform
the Comprehensive Plan goal of identifying and protecting historic buildings as well as the
Central District Plan of continued office use in this area along with the goal of providing a
diversity of housing including smaller rental properties such as the apartments on the upper
floor. Therefore Staff recommends approval of this designation.
Signs asked how the Historic Preservation designation relates to demolition. Can it be
demolished if it is ruined or destroyed by hazard? Miklo said any demolition permit would
require approval by the Historic Preservation Commission, if a building is found to be structurally
defective to the point where it couldn’t be repaired the Commission could allow its demolition.
The goal is to protect the buildings, if the building is severely damaged by fire or tornado it can
be demolished and replaced by a new building that does not need to comply with historic
preservation guidelines. Hektoen added the building must be damaged to no repair.
Signs asked if this property was located in the area that is being discussed for a Northside
Form-Based Code area and if so how will it be affected. Miklo said the City has been working
the Opticos (a consulting firm) and one of the things they observed is the City has a collection of
historic buildings and it would be a goal of that plan to help preserve those and a Form-Based
Code is not in conflict with that goal.
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) stated this home is a brick
beauty with Italianate aspects, the windows are arched and the front door has etched-glass and
topped by a flat fanlight. This home has a lot of brick work detail that pictures don’t do justice.
This house is significant for its Italianate architecture and also its association with George and
Helen Hummer. George owned Hummer Mercantile which sold food products in Iowa City and
then later expanded his business to other parts of Iowa. He also served on the building
committee for the public library, completed in 1904. Although George is listed on the building,
Helen Hummer’s name is listed on the deed for the lots.
Jim Larew (owner of 504 East Bloomington) wanted to express that when he purchased this
building it was falling apart and they reconstructed it from the inside out and make it useable
again. He has used the first floor as his law office for the past 30 years and one of the tenants
in the apartments upstairs came with the building and is still there. Larew shared his worry
about this building and the future. The historic preservation designation was not his request and
he was surprised to learn others wanted to do it, but it has caused him to think about it and
hopes it is the right decision. His concerns are there are intense economic pressures for places
downtown, especially due to this homes location across from Mercy Hospital. His wife and he
can sustain this property, at the time he purchased it he could pay the mortgage, interest and
property taxes from the three tenants, at today’s rate combining all three won’t even cover the
property taxes. Larew’s concern for the future is the next owner won’t likely want it as a law
office with two apartments above, so his question is will they be allowed to reconfigure.
Because otherwise this property will suffer if the historic preservation blocks other future uses.
Miklo stated that the historic preservation regulations do not regulate the interior of the structure,
Planning and Zoning Commission
March 15, 2018
Page 12 of 23
they do regulate exterior if a building permit is required. It also doesn’t prevent the building from
being added on to, in fact there are specific guidelines in the regulations on how to add onto a
historic building. In a commercial situation like this it does provide some zoning relief from
some of the zoning requirements. The overall goal is to protect the character of the building and
any additions must be sympatric in design and don’t detract from the overall setting. Hektoen
added that it will not change the allowable uses of the property.
Swain reiterated that historic preservation is all about using and maintaining historic buildings
not rendering them unusable. They work very hard as new property owners buy historic houses
and want to make adaptations for modern day living.
Freerks closed the public hearing.
Theobald moved to recommend approval of REZ18-00012, an application to designate
504 East Bloomington Street as an Iowa City Historic Landmark and rezone from
Commercial Office (C0-1) to C0-1 with a Historic Preservation Overlay (C0-1/0HP).
Parsons seconded the motion.
Freerks noted there are two specific Comprehensive Plan goals related to this proposal (Goal 1
and Goal 10) and she believes this clearly meets those goals.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ18-00009):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 213 E Market Street as an Iowa City Historic Landmark.
Miklo stated that this property is located in Central Planning District – North Market Place. It is
zoned Central Business Support Zone. It was built in1870 for Anton Greiger who operated the
brewery next door and is currently owned by the Wesley Foundation. When City drafted the
Central District Plan they conducted community workshops that lead to the policies of the plan
that are specific to this property as well as the 319 Bloomington Street, the next property on this
list. Residents and business owners who participate in those workshops spoke of the historic
character of the Northside Market Place is one of its greatest assets and wanted it to be
preserved. A goal the Comprehensive Plan for this area preserve the lower scale and density of
this area when compared to Downtown. The Plan calls for limiting height to two to three stories
and preservation of several historic buildings in the area. Many of those building have already
been designated as landmarks, Miklo showed them on a map. The area also includes the
Jefferson Street Historic District. Designation of this property would further the goals of the
Central District Plan to preserve the unique character and scale of the Northside Market Place
as well as the as the goals of identifying and protecting historic properties.
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) noted that this house with its
history and architecture showcases the unique character of the Northside Market Place and this
house, 213 East Market Street, is specifically mentioned in the Central District Plan as an
Planning and Zoning Commission
March 15, 2018
Page 13 of 23
integral part of the area. It is one of two Italianate houses being discussed this evening that tell
the story of this city’s late 19-century brewery industry and its brew masters. Anton Geiger built
this Italianate house in 1870 after he built the Union Brewery, also known as the Hotz and
Geiger Brewery, as Anton Geiger married Hotz’s daughter. Geiger used similar architecture
details on his house as he used on the brewery. Paired scrolled brackets with dentils in the
frieze band under the roof overhang are some of those features. This house has been owned
and cared for by Ann Hughes and the Wesley Foundation since 1945.
Freerks closed the public hearing.
Signs moved to recommend approval of REZ18-00009, an application to designate 213
East Market Street as an Iowa City Historic Landmark and rezone from Central Business
Support (CB-5) to CB-5 with a Historic Preservation Overlay (CB-5/0HP).
Parsons seconded the motion.
Freerks noted there are two specific Comprehensive Plan goals related to this proposal (Goal 1
and Goal 10) and she believes this clearly meets those goals. She added that adding this home
(and the next one on the agenda) to the Iowa City Historic Landmark really contributes to the
planning goals for this whole area.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ18-00008):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 319 E Bloomington Street as an Iowa City Historic
Landmark.
Miklo noted this property is also located in Central Planning District – North Market Place. It is
zoned Central Business Service Zone. It is currently use as an office building, in addition to the
historic building in the front, there is a modern addition in the back. It was built in the 1870s for
Conrad and Ann Graff, who operated the brewery where the Blue Bird Diner is currently located.
Like the previous property this property was specifically identified by the residents and business
owners who participated in the Northside Market Planning Workshops as a key property to add
to the projected properties in the Central Planning District. It possesses the scale and historic
character that the community desires to preserve in this mixed use neighborhood. It
preservation would be in compliance with the goals of the Comprehensive Plan, those of the
Central District Plan as well as the Preservation Plan so staff is recommending approval.
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) noted that this home is also
related to the brewery history and Conrad Graf was a Bavaria immigrant that worked at the
brewery and he married Anna Hotz, the other daughter of Simeon Hotz. They built this house in
1878-1879 and compared to the Geiger house this one is a more ornate Italianate style with
elaborate frames around window in the peak and the arches over the second story windows.
This house is also mentioned in the Central District Plan as an integral part of this area, this
house has been well maintained over the decades and commercially used. It really is part of
the story of historical brewing in Iowa City.
Planning and Zoning Commission
March 15, 2018
Page 14 of 23
Joy Smith (1317 Rochester) owns this property with her partner David Rust. Smith read
prepared remarks regarding this property.
We have always considered ourselves supporters of historic preservation. For many years we
were members of the Friends of Historic Preservation. We have lived in the center of Iowa City
since 1984- for 6 years at 523 Church Street, for 25 years at 915 Bloomington Street, and
since 2016 at 1317 Rochester. We completely renovated the Bloomington Street home, an
effort recognized in 1994 with a Certificate of Special Merit awarded by the IC Historic-
Preservation Commission. With the building of our current home in 2016 we took particular
care to assure that its design and construction integrated into the existing older homes that
surround it.
In 1999, we purchased the property at 319 Bloomington, which is now under consideration
for Historic Landmark designation. While we were certainly attracted by the original
Italianate structure that anchors the building, we purchased the building as a commercial
investment, recognizing that a significant percentage of the rentable commercial space in the
building is within the two non-historic additions. We have strived to maintain this property
in a manner consistent with its character and respectful of its architectural features.
However, it was never our intent to place the building on the National Register.
Frankly, it was a disconcerting to us, as admirers of historic buildings and committed
members of the Northside and Goosetown neighborhoods, to find ourselves opposed to an
action of the Historic Preservation Commission. But, that is where we stand. We are here this
evening to ask that you deny the request of the Historic Preservation Commission to
designate 319 Bloomington Street as a Historic Landmark. Although we are the owners of
the building, we did not invite this designation and we were not asked if we wished the City to
proceed in this manner. Rather, we were informed of the Preservation Commission's
intent after the decision to seek Historic Landmark designation was made. We understand
the proposed designation is legal, but we do not think it is fair. Nor do we think it takes a
comprehensive, thoughtful approach to planning for the North Market Square
Neighborhood.
Let us be clear. We do NOT object to the zoning overlays that would require us to submit any
plans for repairs and improvements to an additional level of review. While the zoning overlay
may incur extra renovation and repair cost for us in some situations, we are willing to bear
that cost. Our objection is that, unless the building is completely destroyed by fire or other
natural disaster, the designation forbids the demolition of the building in perpetuity. 319
Bloomington is on a block that is ripe for redevelopment. Our property is adjoined to the south
and west by two large parking lots (one of which is owned by the City). On the east it adjoins
two houses that are owned by Mercy Hospital. One of those houses is currently unoccupied.
While we do not know what Mercy intends for those properties, it is a strong possibility that
they will eventually demolish the homes. Developers who wish to purchase our property and
put up yet another student apartment complex have approached us repeatedly. We have
ignored those overtures. They are not good for our neighborhood. We suspect that fear of
more of this kind of development is one of the concerns that prompted the requests for
Historic Landmark designation.
Others in our neighborhood have previously asked the City to facilitate a comprehensive
planning process for this very critical block. Such a process would bring together property
owners and stakeholders from the neighborhood to envision future development for the
entire block that is good for the property owners, residents of the neighborhood and the
City as a whole. We heartily support this approach.
Planning and Zoning Commission
March 15, 2018
Page 15 of 23
Designating 319 Bloomington as a Historic Landmark is not good planning. It is a
shortsighted, fearful response to the unknown. It targets one small piece of property in
isolation of any development that may occur around it and seeks to put restrictions on the
property in perpetuity. It hamstrings us, as owners of the property, asking us to bear an
inordinate amount of risk about how property surrounding us may be redeveloped with
little flexibility about how we might position ourselves in that process. Because designation as
a Historic Landmark is an overlay zone, rather than an historic neighborhood designation,
none of the other property owners on this block are asked to bear the same risk.
Finally, we are pleased that you are considering each proposed designation separately. The
properties are not similarly situated and the owners have varying perspectives and
interests. The best decision for a particular property is not necessarily correct for another.
Smith also thanked Jim Larew for his remarks because the issues of making a commercial
property cash flow are part of what is at question here. This is not a residential house they
live in.
Freerks closed the public hearing.
Signs moved to recommend approval of REZ18-00008, an application to designate 319 E.
Bloomington Street as an Iowa City Historic Landmark and rezone from Central Business
Service (CB-2) to CB-2 with a Historic Preservation Overlay (CB-2/0HP).
Parsons seconded the motion.
Signs admitted he is struggling with this designation on this property (and perhaps a few
others) for the very reasons the Smith raised. He applauds the Historic Preservation
Commission for getting ahead of these things as opposed to the reactionary problem the City
faced with the cottages on South Dubuque Street. His concern, particularly for this home, it that
it is an island within a block of non-historic homes and it does potentially limit for property
owners, on all sides of that property, what can be done in those area. He struggles with
balancing the historic preservation needs and the needs of the greater community and
neighborhoods. Signs noted the frustration is it got to this point, to the point where this
historic house is surrounded by two parking lots. Signs referenced a property in Coralville
where one older home has held out and new development has been created all around it
likely leaving that one older home with diminished property value now.
Freerks asked if Miklo could talk about the zoning of the properties surrounding this
property. Miklo noted the area is zoned CB-2 and to the north a bit it changes to RNS-12.
He added that with regards to the two parking lots, the goal is for those to eventually be
built upon, but in the Northside Market Place Comprehensive Plan it talks about building at
a smaller scale compatible with what is there now and not building large downtown sized
buildings. Other new buildings in that area are of smaller nature as well. Miklo noted that
in terms of a Form-Based Code for this area the thought is they would codify what is there,
and allow two, three or four story buildings (if there is a bonus allowed) for some of the infill.
The goal is for a main street character, less density than downtown.
Hektoen added that with the home at 319 East Bloomington Street, with the nonconforming
additions those can be demolished and redeveloped.
Planning and Zoning Commission
March 15, 2018
Page 16 of 23
Freerks stated there are areas where there are islands of historic preservation throughout,
the just voted on recommending one on North Dodge Street, and in this case a good
portion of the lot could be developed, money could be made.
Miklo noted that the difference of a landmark and a historic district is that a historic district is
a whole area, and this whole neighborhood doesn’t qualify for a historic district, so the
Historic Preservation Commission had to look at individual structures to see what rose to such a
special level in terms of architecture and history that is should be preserved as an individual
property. There are other properties in this area that are old, more than 50 years old, but they
don’t rise to the level of character or have the background this property does.
Signs stated he also is struggling with another piece of this, because this planning process with
the North District is ongoing they know there is interest in coming up with a plan (for some time)
for this area, it seems premature to make these designations before that plan is complete.
Miklo said the current plan in place specifically identifies these two buildings (213 East Market
and 319 East Bloomington) being appropriate for preservation. The goal of the next planning
process is to come up with designs that are compatible for other lots in this area.
Martin asked if the homeowners (Smith and Rust) contacted either Miklo or Swaim to ask about
repercussions for the landmark designation. Miklo stated there was an open house back in
October when they invited property owners to explain the process, ramifications, and
regulations and after that there was a public hearing at the Historic Preservation Commission
level.
Freerks noted that living in a conservation area near downtown herself, she understands the
burden of rising property taxes and feels perhaps the City could find solutions to help alleviate
some of the tax burden for structures that are designated as landmarks so there is some type of
give-and-take. People are being asked to maintain their structures and uphold them in the
community, which can be more than honorable, so the City should also assist. Signs agreed
that would be a great idea. Miklo noted that topic came up on the discussions with the property
owners, and there is a provision in the Iowa Code that allows counties to abate property taxes
on historic properties. Therefore it is on the Historic Preservation Commission’s work program
to explore that option with the Council.
Martin added that while she is supportive of this, as she wants to see these special properties
preserved, her hesitation is designating this particular property at 319 East Bloomington Street
without the support of the homeowner. Hektoen noted the Planning & Zoning Commission role
as is to review the designations for compliance to the Comprehensive Plan. The homeowner
has the right to object to this at the City Council level and could provoke a super majority
approval.
Freerks noted there are three specific Comprehensive Plan goals related to this proposal (Goal
1, Goal 7 and Goal 10) and she believes this clearly meets those goals and while she respects
the homeowner’s views, she is in favor of the designation.
Signs understands as well the parameters of what the Planning & Zoning Commission is
charged to do and therefore will reluctantly vote to approve this.
A vote was taken and the motion carried 5-0.
Planning and Zoning Commission
March 15, 2018
Page 17 of 23
REZONING ITEM (REZ18-00006):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 412 N Dubuque Street as an Iowa City Historic Landmark.
Miklo sated this property is also located in the Central Planning District. It is zoned High Density
Multi Family and currently contains one dwelling. It was built shortly after the Civil War. The
Central District Plan encourages the investment in older housing stock and the maintenance of
a variety of housing. Designation of 412 N Dubuque Street would help achieve these goals as
well as the goal to identify and protect historic properties. Therefore staff finds this in
compliance with the Comprehensive Plan and recommends approval.
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) noted this is a more modest
one-story brick cottage built in the 1860s which is associated with early brick makers and
masons. The house is associated with Sylvanus Johnson, purportedly the first brick maker in
town, David Boarts, a brick mason and eventually a prominent Iowa City builder. In
preservation the small simple house can be as significant as a large elaborate house and this
home represents the early brick cottages in Iowa City and there are very few remaining
examples so that is why this should be landmarked.
Freerks closed the public hearing.
Parson moved to recommend approval of REZ18-00006 an application to designate the
property located at 412 N Dubuque Street as an Iowa City Historic Landmark and rezone
from High Density Multi-Family Residential (RM-44) to RM-44 with a Historic Preservation
Overlay (RM-44/0HP).
Theobald seconded the motion.
Freerks noted there are three specific Comprehensive Plan goals related to this proposal (Goal
1, Goal 7 and Goal 10) and she believes this clearly meets those goals.
Martin asked if this property becomes a historic landmark would the owners have to change the
front door. Miklo said they would not have to change it but if they decided to do so the City
would provide direction for a door more suitable.
A vote was taken and the motion carried 5-0.
REZONING ITEM (REZ18-00007):
Discussion of an application submitted by the Historic Preservation Commission for a rezoning
to designate the property located at 410-412 N Clinton Street as an Iowa City Historic
Landmark.
Miklo stated this property is also located in the Central Planning District and is also zoned High
Density Multi-Family Residential. It is currently used for multi-family dwelling units, the property
also includes a non-historic addition in the back as well as a garage. Miklo explained that in a
situation like this where there are non-historic elements of the property, the Historic
Planning and Zoning Commission
March 15, 2018
Page 18 of 23
Preservation Guidelines provide a lot of flexibility on how those are treated. They can be
removed or replaced. If replaced the goal would be any replacement to be compatible in design
with the historic structure. The Central District Plan encourages the investment in older housing
stock as well as the maintenance of a variety of housing and this particular building is a good
example of that, it has multiple dwellings in the building and contributes to the variety of housing
in the neighborhood. Designation of 410-412 North Clinton Street would help achieve that goal
as well as the more general goal of identifying and preserving historic properties.
Freerks opened the public hearing.
Ginalie Swaim (Chair of the Historic Preservation Commission) noted this is one of the oldest
brick houses discussed tonight in the Italianate style, it dates back to 1865 and has
considerable historic integrity with the windows, doors and brackets in the porch. The second-
floor windows have heavy stone sills and lintels and original shutters. Additionally this home is
historic due to its association with prominent citizens, the first owner was Dr. Milton B.
Cochrane, he served on the school board and went on to serve as a Civil War surgeon and then
became the first Superintendent of the Soldiers' Orphans Home at Davenport. The next owners
were Samuel Sharpless and his wife, Priscilla (Crain) Sharpless. Samuel Sharpless was a
director of the Johnson County Savings Bank, supervisor of various farming industries, and a
member of the Iowa City Council. Later the home was owned by the Dennis family, specifically
Gertrude Dennis who was locally involved in arts and music. Swaim noted it is remarkable that
a house dating back to the 1860s is still housing Iowa City residents all these years later.
Miklo added that after some research there are fewer than two dozen buildings surviving from
the Civil War in Iowa City.
Christopher Jones (Attorney, Neuzil, Sanderson & Sigafoose) is representing owner of the
property, Robert Crane, and wanted to state that he is not aware by law that the Planning &
Zoning Commission is only to look at the Comprehensive Plan as that limits them to how they
can vote only following the staff recommendation. That would appear as only a rubber stamp
and he encourages them to think beyond what the staff recommends. He notes this property is
particularly unique in that it is zoned as high-density residential property. Mr. Crane is opposing
this landmark designation for various reasons. Mr. Crane is a licensed real estate broker and
appraiser with over 40 years of appraisal experience and believes the negative impact on his
valuation will be significant and extreme. The purposes of historic preservation in Iowa City
include stabilizing and improving property values and strengthening the economy of the city.
The significant decrease in value is an unfair burden for Mr. Crane to bear without
compensation from the City. Rather than preserving and improving Mr. Crane's property value,
this designation will lower his value and may reduce the values of adjoining properties. This
property differs from other single-family homes in residential neighborhoods because it has
significantly higher income potential than most other residential properties due to the high-
density zoning in this location. Consequently, the restrictions from the historic landmark zoning
will significantly reduce the property's value and burden Mr. Crane far more than other property
owners who own older homes in Iowa City.
Additionally this property has been significantly altered. The 1965 addition changed the
character of this property so that a majority of the construction on the property is clearly not
historic. This apartment building is nine units attached to the older home, although it is not
connected inside and they do not share any common space. Mr. Crane has owned this
property since 1981 and has been renting it out, to mostly low-income individuals, currently
Planning and Zoning Commission
March 15, 2018
Page 19 of 23
there are nine units of housing in the rooming house that rent for $450.00 per month per room.
The one-bedroom apartments in the 1965 addition are self-sufficient units and each rent for
$560.00 per month. The rent for Mr. Crane's one-bedroom apartments are approximately 30%
less than the $822 month average rent in Iowa City. Most of the tenants on this property are not
students. Mr. Crane has been helping Iowa City meet the objective of providing affordable
housing since buying the property in 1981 in a neighborhood that has a convenient location
near the downtown business district that has good access to public transportation. The historic
landmark zoning regulations will impose additional burdens and costs on operating this property
that will be passed to tenants, many of whom have very low incomes. These additional costs
that will be passed to the tenants make the City's objective of having affordable housing more
difficult to achieve.
Robert Crane (410-412 N. Clinton Street) stated he’s owned this property since 1981 and has
run it as a rooming house which has not been easy and is more difficult than apartments. He
has kept it as a rooming house in favor of the lower income people, many of the people that live
there are on assistance or help of some sort, and he works with that in his rents. He is very
concerned about this restoration stamp being placed on the home and any repairs and updates
will have to be kept at the 1865 style of the home will be very expensive. If that is to happen,
the gross expenses will go up, the income will go down, and so the result will need to be higher
rents. He is very concerned about the net income picture, he is also concerned about the
diminishment of value. He is an appraiser, he started work in November 1964, and a
diminishment in value means a loss in value. He has proof, one buyer that has been interested
in the property for some number of years but has now said “if it gets a restoration stamp on it I
am not interested”. Crane questions what the Commission thinks it will cost him if this goes
forward. He also notes that more importantly this is not a good fit, when the nine unit apartment
was added in 1965 that destroyed the historic image of this building and it does not belong in a
historic register. It is just not a good fit. He would appreciate the Commission’s consideration to
have this not move forward.
Swaim countered that there is no restoration stamp, and that is not even a term they use in
determining these landmarks. If Mr. Crane was going to do improvements to his property that
required a building permit after the landmark status then the permit would have to go before the
Historic Preservation Commission. If the improvements were on the 1965 addition the Historic
Preservation Commission would not require that the addition look like it was part of the 1865
home. In terms of non-historic components on a historic building, the Historic Preservation
Commission is generally quite flexible in allowing renovations. This house has maintained its
19-century elements and would ask that those be retained, and kept in good repair, but they
would not ask him to do anything. The procedure to get a design review is quite straightforward
and streamlined, often approved by staff. In terms of the addition destroying the historical
integrity of the house, from the back it does look strange, but it was put on without destroying
the original integrity of the house.
Miklo added that the City does not require someone to proactively restore a building, they will
provide some incentives, but not demand that a building be restored. He also noted that one of
the goals of the Central District Plan, is preservation of affordable housing stock and this house
is unique with fairly small rooming units and one-bedroom units. If this house was to be
removed and new construction was to be placed here, rent per bedroom would probably be
considerably more.
Signs noted that it is a pretty deep lot, could an owner demolish the modern addition and build
anything new on the back half of the property. Miklo said that could be a possibility, the design
of it would be reviewed by the Historic Preservation Commission to show it is compatible.
Planning and Zoning Commission
March 15, 2018
Page 20 of 23
Jones addressed the concerns about being directed to restore the building and pointed to
section 7.2 of the Historic Preservation handbook does make it very clear that the Historic
Preservation Commission may file a petition with the City Building Office to require an
investigation into any applicable building or structural problems due to neglect or deterioration.
Therefore the Historic Preservation Commission can initiate proceedings to require repairs. The
handbook goes on to say “failure to comply with the stated action may result in penalties and/or
legal action” so to say the landmark designation does not require any additional repairs is false,
because it does allow the Historic Preservation Commission to initiate proceedings it wouldn’t
otherwise be authorized to initiate. He understands any property not meeting Building Codes
could cause City initiation, but with the addition of the landmark designation the Historic
Preservation Commission can initiate proceedings it wouldn’t otherwise be able.
Miklo confirmed that what Jones stated was true, but it was also the same standards the
Building Official apply during a routine rental inspection.
Freerks asked if the Historic Preservation Commission had ever initiated a case such as that.
Miklo would have to check records, he could not recall. He added as a rental property it is
required to be maintained.
Jones is strongly urging the Planning & Zoning Commission to reject this proposal, but if they do
approve his client would like to pursue separating the back portion of the property perhaps with
a survey and new legal description and have the zoning overlay end at the end of the older
home. Hektoen noted that at the time of a redevelopment it could be addressed. Miklo added
that the advantages to the property owner for having the whole property under the historic
overlay zone is the allowance of developmental rights and other exceptions that come with a
landmark designation overlay.
Signs agreed and noted he was inquiring about that earlier to see if it was possible to demolish
the addition part and perhaps redevelop it for more income possibilities. Signs asked if this item
could be deferred so options could be researched for these people. He also stated that in the
future when historical buildings are discussed they should have photos of the buildings from all
angles.
Freerks closed the public hearing.
Signs moved to recommend approval of REZ18-00007, an application to designate 410-
412 North Clinton Street as an Iowa City Historic Landmark and rezone from High Density
Multi-Family Residential (RM-44) to RM-44 with a Historic Preservation Overlay (RM-
44/0HP).
Martin seconded the motion.
Signs noted he is more inclined to approve this as he learns there are options for the property
owner that could be economically viable.
Freerks agreed it was good to have the conversation about options as well as the benefits for
the historical designation. She reiterated that no one wants to push undue burden on a
homeowner and also would like the City to look into a way for some tax relief on these types of
properties.
Theobald said that she first noticed the historic and attractive qualities of this building several
years ago and is glad to see that the City is being proactive regarding its preservation.
A vote was taken and the motion carried 5-0.
Planning and Zoning Commission
March 15, 2018
Page 21 of 23
DEVELOPMENT ITEM (SUB18-00002):
Discussion of an application submitted by University Lake Partners, II for preliminary plat of
Forest Hills Estates, a 53.29-acre 5-lot subdivision with 4 residential lots and 1 commercial
office lot located south of Interstate 80 west of Prairie Du Chien Road.
Miklo noted that the Commission recommended approval of rezoning this area a few weeks
ago, this action would be to create the five lots that were shown in the Planned Development
Overlay Plan. Lot one is for the commercial office, lot two for seven townhouses, lot three for
the senior housing, lot four for townhouses, and lot five for townhouses. Outlot A would be
permanent open space and preservation of the woodlands and Outlot B will be dedicated to the
City and become part of the right-of-way for Foster Road. Miklo stated this item was deferred at
the last meeting because the stormwater management had not been approved by the City
Engineer but since that meeting revised plans have been submitted, reviewed and approved by
the City Engineer. Therefore staff is now recommending approval.
Freerks opened the public hearing.
Rob Decker (Project Manager) came forward and noted they did some minor edits to the plans
when working with City Engineer by revising the stormwater design and some of the elements
shown on it, they adjusted a few property borders and erosion control items.
Freerks closed the public hearing.
Signs moved to approve SUB18-00002 an application submitted by University Lake
Partners, II for preliminary plat of Forest Hills Estates, a 53.29-acre 5-lot subdivision with
4 residential lots and 1 commercial office lot located south of Interstate 80 west of Prairie
Du Chien Road.
Martin seconded the motion.
Freerks said the Commission has seen this in the past and it looks good.
Martin asked if the outlot on Prairie Du Chien was contiguous to the rest of the lots. Miklo
agreed and said a warranty deed would be issued for that outlot.
A vote was taken and the motion carried 5-0.
DEVELOPMENT ITEM (SUB18-00003):
Discussion of an application submitted by Stewart Road Development, LLC for a preliminary
plat of Pine Grove Estates, a 4.59-acre 4-lot residential subdivision for property located at 3910
Stewart Road NE in Fringe Area A of the Iowa City/Johnson County Fringe Area Agreement.
Bochner stated this property is in the County but within two miles of the City and therefore in the
Fringe Area Agreement. However it is not within Iowa City’s growth area so it is not anticipated
it will be annexed into the City. It is located on the corner of Dubuque Road and Stewart Road,
it is about 4.5 acres and the proposal is to subdivide it into four lots, each one a little over one
acre. Access will be provided on a short private road that ends in a cul-de-sac. The
Comprehensive Plan sees this area as appropriate for residential development and is County
Planning and Zoning Commission
March 15, 2018
Page 22 of 23
zoned residential. The subdivision will be served by a private water well and septic system
which will need to be approved by the County Health Department. For stormwater management
the preliminary plat shows vegetated bio-swales with subdrains located on either side of the
proposed Pine Grove Lane. Overall, the subdivision will need to comply with County stormwater
management standards.
Staff recommends approval of SUB18-00003, an application submitted by Stewart Road
Development, LLC, for a preliminary plat of Pine Grove Estates, a 4-lot, 4.59-acre residential
subdivision located at 3910 Stewart Road NE.
Theobald asked about the house that is currently on property and how close the new road is to
that driveway. Miklo said he believes they will remove the existing house.
Freerks opened the public hearing.
Rob Decker (Project Manager) is unable to answer the question about the new driveway, he is
not as familiar with this project and is covering this meeting for another engineer. His gut tells
him it will be in the same place. He added they will also be adding in some soil conservation on
the property.
Larry Svobada stated he has no financial stake in this project, he came just to listen, but he
added he does know the person that owns the property and the house will be removed.
Freerks closed the public hearing.
Signs moved to recommend approval of SUB18-00003 an application submitted by
Stewart Road Development, LLC for a preliminary plat of Pine Grove Estates, a 4.59-acre
4-lot residential subdivision for property located at 3910 Stewart Road NE in Fringe Area
A of the Iowa City/Johnson County Fringe Area Agreement.
Parsons seconded the motion.
Freerks noted it seems straight forward and should be a nice development.
A vote was taken and the motion carried 5-0.
CONSIDERATION OF MEETING MINUTES: FEBRUARY 15 AND MARCH 1, 2018:
Signs moved to approve the meeting minutes of February 15 and March 1, 2018 with edits
submitted.
Signs noted that it appears some of his discussion in the March 1 meeting was not shown in the
minutes, he will summarize his thoughts and submit that for the official record. Miklo noted that
the meeting tape recorder was not working for the whole meeting so some was missed.
Parson seconded the motion.
A vote was taken and the motion passed 5-0.
Adjournment:
Parsons moved to adjourn.
Signs seconded.
A vote was taken and the motion passed 5-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2017 - 2018
7/6
7/20
8/3
8/17
9/7
9/21
10/5
10/19
11/2
12/7
12/21
1/4
1/18
2/15
3/1
(W.S)
3/12
3/15
DYER, CAROLYN X X X X X X X X O/E X X X X X X X O/E
FREERKS, ANN X X X O/E X X X X X O/E X X O/E X X X X
HENSCH, MIKE X X X X X X X X X X X X X X X O/E O/E
MARTIN, PHOEBE X X X X X X X X X X O/E O/E X X X O/E X
PARSONS, MAX X X X X O/E X X X X X X X X O/E X X X
SIGNS, MARK X X X X X X X X X X X X X X X X X
THEOBALD, JODIE X X O/E X X X X X X X X O/E X O/E X X X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
APRIL 2, 2018 – 5:15 PM – WORK SESSION
HELLING CONFERENCE ROOM , CITY HALL
MEMBERS PRESENT: Carolyn Dyer, Ann Freerks, Mike Hensch, Phoebe Martin, Max
Parsons, Mark Signs, Jodie Theobald
MEMBERS ABSENT:
STAFF PRESENT: Sara Hektoen, Bob Miklo, Sarah Walz
OTHERS PRESENT:
CALL TO ORDER:
Freerks called the meeting to order at 5:15 PM.
REZONING ITEM (REZ18-00002):
Discussion of an application submitted by Ross Nusser for a rezoning of approximately 1.89
acres from Planned Development Overlay/High Density Single Family Residential (OPD/RM-12)
zone to Low Density Multifamily Residential (RM-12) zone for the property located at 1705 Prairie
Du Chien Road.
Walz noted the Commission had asked for more information and staff is hopeful that by
Thursday’s meeting the applicant will have a proposal regarding relocation assistance for current
residents.
Martin asked if the confusion is because City Council stated that there had to be 12 units
displaced to require a relocation plan and there are only 10 in this situation. Hektoen said that is
for projects where there is no rezoning, there is a rezoning in this situation and the Commission
can impose conditions to meet public need imposed by the rezoning and require relocation or
transition plans.
Walz noted that this is a unique situation as it is manufactured housing and while a person may
own their home, they have no rights to the land. Freerks added that because the home are all
older and may not be able to be moved, so this is a special case and not like an apartment
structure that is being removed and there are other apartment options.
Freerks also asked if the homes were rented, who received the relocation money, the home
owner or the renter. Those are the details and questions that need to be decided. Walz said
most are long-term occupied, but unsure of how many are owner-occupied or rentals. Freerks
added that in the past they have required relocation plans for manufactured housing areas
before, such as when HyVee was built on 1st Avenue, so there are plans to follow.
Parsons added that these situations are difficult and it takes a while to go through all the steps
and make sure the best solution is found.
Planning and Zoning Commission
April 2, 2018 – Work Session
Page 2 of 6
Freerks asked about the proposal, and the underground parking and the outdoor plaza. Walz
said that will likely be patio space. Freerks noted that the best view from that property is the
back and perhaps that is where the outdoor plaza should be.
Parsons asked if the building was two or three stories. There was an indication that it would be
limited to two but some of the pictures show three. Walz said staff has not had a chance to have
a conversation with the applicant to clarify, her sense is that the photos they submitted are
examples of possible designs.
Freerks noted she hopes the applicant has design images to show on Thursday to the
Commission. Miklo stated the applicant expressed a concern regarding the expense of drawing
up a design plan with the uncertainty of when the rezoning would be approved. Miklo felt the
bigger concern for the Commission and Council should be the relocation. Walz added that staff
felt if the applicant is unsure of what exactly they wanted to build, if they could at least present
footprints of how they would arrange the lot, a concept of how many units they would propose,
etc.
REZONING ITEM (REZ17-00015):
Discussion of an application submitted by Cardinal Pointe West, LLC for a rezoning of
approximately 7.84 acres from Interim Development Research Development Park (IDRP) zone to
Low Density Multifamily (RM-12) zone for the property located west of Camp Cardinal Boulevard
and east of Deer Creek Road.
Miklo recalled one of the concerns of the Commission at the last meeting were the buffer from
the Highway 218 and the applicant has submitted a new plan. When the City rewrote the
Subdivision Code in 2008 they did research and looked at HUD and DOT guidelines about
residential development near highways and of course the farther you get away, the better, and
there is also a decibel level that is considered acceptable through HUD (for financing). So that is
when the 300 foot buffer was created, from research as to that being where the noise level
begins to drop off. The other concern is the fumes, the closer one lives to the highway the more
carcinogens one is exposed to. So those are the rationales for the City’s guideline of 300 feet
buffer.
Hektoen added that this situation is similar to the last one, it is not required by zoning for this
situation to have the 300 foot buffer (it is not a subdivision), however again the Commission can
the Commission can impose conditions to meet public need imposed by the rezoning. Freerks
stated this is exactly a situation where they would apply such a condition as a principle.
Miklo clarified that the 300 feet is measured from the right-of-way of Highway 218. He stated
that the applicant has submitted a new plan to address the concerns of the Commission.
Previously the one building was 35 feet from the property line and approximately 190 feet from
Highway 218 and the new plan shows that building 67 feet from the property line and about 230
feet from Highway 218. In moving the building back 30 feet they then were also able to provide a
landscaping buffer on their property, not partially in the city right-of-way as previously shown.
The City Forrester had voiced a concern regarding being responsible for maintaining trees in that
location. Additionally moving the tree buffers 30 feet places them higher on the lot and better
Planning and Zoning Commission
April 2, 2018 – Work Session
Page 3 of 6
able to buffer.
Miklo stated to achieve the greater setback the applicant basically cut off the ends of the
buildings and took that square footage and added it to a fourth floor to two of the buildings, one
building will remain only three floors. Miklo added that the Zoning Code allows for the maximum
height of the building to be increased because they have increased the front, side and rear
setbacks. In this situation, with the increased setbacks proposed on this plan, building A may
have a maximum height of 64 feet; it is proposed to be approximately 50 feet tall. Building B is
allowed a height of 58 feet; it is proposed to be approximately 60 feet tall. Building C is allowed a
height of 50 feet; it is proposed to be approximately 60 feet tall. The result is a 2 foot height
increase above what is allowed in the RM-12 zone for building B and a 10 foot height increase
for building C. Therefore, the applicant is requesting approval of a Planned Development
Overlay (OPD) to allow buildings B and C to be increased in height. Miklo noted the criteria for
review of a Planned Development Overlay are listed in the staff memo and noted that staff is still
reviewing the recently submitted OPD plan and hopes to present additional comments at the
April 5 meeting.
Freerks asked if the number of total units remains the same from the old plan to the new. Miklo
said there are two additional units added with the additional floor.
Miklo noted the other concern of the Commission was the usable open space for residents and
the applicant has addressed that by adding four deck structures that would provide outdoor
space overlooking the pond that is located to the north of this property. A sidewalk is proposed to
provide a pedestrian connection between the buildings and the deck space.
Freerks asked about the criteria for the Planned Development Overlay noting that Section 14-3A-
4 of the zoning code allows consideration of variations in the dimensional requirements including
building height in order to facilitate the provision of desired neighborhood amenities or open
space and if the criteria reviewed addresses that. Miklo said it is a subjective call that the
Commission makes to ensure it will be a livable neighborhood. Freerks is concerned because
she feels the application is just meeting the minimum standards and wants to make sure the
Commission has some leeway to set guidelines the Planned Development Overlay must meet.
Miklo noted the only other way to meet the standards is for the applicant to lose parts of the
buildings and number of units.
Freerks noted that Section 14-3A-4 of the zoning code states: desired neighborhood amenities or
open space; to preserve or protect natural, historic, or cultural features; to achieve compatibility
with surrounding development; or to create a distinctive or innovative neighborhood environment.
Signs asked how many stories were the Village Cooperative building and the building on Camp
Cardinal Boulevard. Miklo was unsure, but knew the Village Cooperative building to the north
was at least three stories with underground parking. The building is actually in Coralville.
Martin reiterated that again these areas (here and also the Prairie Du Chien application) are at
entrances to Iowa City and should be maintained and kept at a certain level. She doesn’t feel
this proposal speaks to her in a way that shows what the community gains from this
development, does it fill a need, will it enhance the entrance to Iowa City.
Hensch does feel it will fulfill a need, if someone is a commuter to Cedar Rapids, this area is
Planning and Zoning Commission
April 2, 2018 – Work Session
Page 4 of 6
ideal for access to Highway 218. He also noted that when the quarry is abandoned in the future
the land will be dedicated to the County and used for recreation so that area will be nice for
residents. Hensch agrees it is a very difficult parcel to develop, but he feels it fills a niche for
commuters, and it is their obligation to make it as healthful as they can given people will know
they are moving in next to Highway 218. The Commissions role is to mitigate sound, health
hazards, try to make some amenities for people that live there. He doesn’t see this a long-term
housing for people, more a year or two until they transition to something else. It can be a
pleasant experience for them, there are a lot of trees in the area with a view of the pond, it is just
next to a major highway.
Freerks noted her concern is that it seems applicants are always just meeting the minimums or
asking for exceptions and while there are checks and balances in place for such requests it
seems like they are asking and need more accommodations and she doesn’t feel this application
creates a distinctive and innovative environment or protects a cultural or historical feature as
called for OPD zoning waivers. She is concerned they are always setting precedents, if they
approve an application for one, what’s to say they don’t do this for everyone and that is why they
have standards and exceptions to the standards, but now they are creating exceptions to the
exceptions of the standards.
Hensch agrees there isn’t any cultural or historical about the area but what they can do is be
innovative by how the buildings appear. People will drive by this every day and may say “those
are cool buildings” because it will be visible from the highway. The Commission can require a
more innovative design due to the location and visibility.
Theobald agrees with Freerks and would like to see the applicant needs to bring the proposal up
to better standards. Parsons agreed, he would like to see a better building design and
something distinctive.
Miklo asked the Commission how they felt about the outdoor deck areas, if it was sufficient.
Freerks feels it is better, it is still minimal. Martin agreed, it is an effort. Signs would like to see
sketches to make sure they are child-safe.
Hektoen asked about the setback from Highway 218 and if the Commission felt that and the
landscaping buffer was sufficient. Freerks said having the tree buffer on the applicant’s property
rather than the city right-of-way was a good start. However, the added height may affect the
ability to buffer the noise.
Hensch suggested that if the Commission approves the added building height, perhaps they can
require more mature tree plantings so residents won’t have to wait 15 years to get something out
of the trees.
Martin asked about the fire truck lanes. Miklo said there must be a surface where a fire truck can
park to fight a fire and the one building did not meet that requirement so a lane was added.
Signs feels that the layout does preserve a lot of the woodland trees and the applicant should be
given credit for that. Theobald questions how much of the woodland will be damaged or
removed once they get in there and start doing construction. Oaks have very shallow roots and
could be damaged by a large truck running over it. She added that construction fences often
damage trees, the barrier levels for fences and construction vehicles are often insufficient to
Planning and Zoning Commission
April 2, 2018 – Work Session
Page 5 of 6
protect the trees.
Signs proposed the developer looking at making that fire lane from a mesh like concrete
substance that would allow grass to grow as well to keep that area green. Miklo said he would
check with the Fire Marshall to ask about such options.
Adjournment:
Martin moved to adjourn.
Signs seconded.
A vote was taken and the motion passed 7-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2017 - 2018
7/20
8/3
8/17
9/7
9/21
10/5
10/19
11/2
12/7
12/21
1/4
1/18
2/15
3/1
(W.S)
3/12
3/15
(W.S.)
4/2
DYER, CAROLYN X X X X X X X O/E X X X X X X X O/E X
FREERKS, ANN X X O/E X X X X X O/E X X O/E X X X X X
HENSCH, MIKE X X X X X X X X X X X X X X O/E O/E X
MARTIN, PHOEBE X X X X X X X X X O/E O/E X X X O/E X X
PARSONS, MAX X X X O/E 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 X
THEOBALD, JODIE X O/E X X X X X X X X O/E X O/E X X X X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member