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HomeMy WebLinkAboutP&Z Packet 07-05-18MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION JUNE 21, 2018 – 7:00 PM – FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Ann Freerks, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs MEMBERS ABSENT: Carolyn Dyer, Jodie Theobald STAFF PRESENT: Luke Foelsch, Sara Hektoen, Bob Miklo OTHERS PRESENT: Sharon DeGraw, John Beasley, Allan Hogue, John Roffman, Emily Legel, Zack Builta, Cecile Kuenzli, Ryan O’Leary, Richard Carlson RECOMMENDATIONS TO CITY COUNCIL: By a vote of 4-0 (Signs abstained) the Commission recommends approval of REZ18-00017, an application submitted by the Historic Preservation Commission to designate the Clinton Street and Railroad Depot Historic District as a Historic District Overlay (OHD) zone. 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 (REZ18-00017): Discussion of an application submitted by the Historic Preservation Commission for the rezoning of approximately 2.2 acres of property located at 530, 604, 612, 614, and 624 S. Clinton Street & 109 Wright Street from Community Commercial (CC -2) and Planned High Density Multifamily (PRM) to Community Commercial (CC-2) and Planned High Density Multifamily (PRM) with a Historic District Overlay (OHO). Foelsch presented the staff report and began by showing a map of the area as well as pictures of the individual properties. Foelsch noted that in the IC2030 Comprehensive Plan it calls for adopting strategies for preserving the stability and livability of Iowa City’s historic and established neighborhoods and a historic district is one such strategy the Comprehensive Plan calls for. Foelsch added the Planning & Zoning Commissions role is to review this proposed overlay rezoning in relation to the Comprehensive Plan. Staff also reviewed the Historic Preservation Plan which called for a study to be done in this neighborhood to identify historic Planning and Zoning Commission June 21, 2018 Page 2 of 16 properties. That study was done as an intensive historic architect survey of the Sabin School and Near South Side neighborhood. What is proposed tonight is a result of that study. The proposed district includes properties that are thought to have the highest historic integrity remaining. Foelsch noted the Downtown and Riverfront Crossings Plan is where this district is located and the intent of the Master Plan generally is to encourage growth and development in this area, however it does identify certain buildings with the intention to retain them as part of overall neighborhood. Foelsch showed on a map the buildings that were indicated for retention and the current proposed district were all buildings identified for retention. Foelsch noted that the Riverfront Crossings Form-Based Code provides for incentives to preserve historic buildings. It allows for the transfer of development rights and other bonuses for historic overlay zones. The Historic Preservation Commission discussed this proposed district and held an informal meeting with property owners in November 2017. There was a public hearing and review on April 12, 2018, wherein they voted unanimously for approval of the historic district. Based on staff’s analysis the proposed rezoning is consistent with the Comprehensive Plan and compatible with the existing neighborhood so staff recommends that REZ18-00017, an application to designate the Clinton Street and Railroad Depot Historic District as a Historic District Overlay (OHD) zone, be approved. Hensch asked what the thought process was for reducing the overall size of the area proposed. Foelsch stated the four structures on the west side of South Clinton Street have been substantially remodeled with enough changes made to the facades to find they lack sufficient historic integrity to be included. Therefore, the proposed area was trimmed to the buildings that retained the most historic integrity. Hensch asked about the November meeting and what was the general sense of that meeting. Miklo noted he attended that meeting and they invited the owners of the properties in the proposed historic district, most of them are owned by one individual who attended with his attorney, and he did express concern and objection to the proposed district. Miklo said staff explained to the owner the incentives in the Riverfront Crossings District to encourage the retention of these buildings including the transfer of development rights. The owner of the railroad Depot also attended, but that property is already a landmark property so essentially this overlay would not add regulation to that property. The Historic Preservation Commission chose to go forward even after the concern at that initial meeting given the importance of these being a few of the only historic buildings left in the Riverfront Crossings area and the goal of the Plan to provide a variety of buildings and retain the historic buildings to add to the character of the Riverfront Crossings District. Hensch asked if all the properties in the proposal rental properties. Miklo stated he believed they are. Parsons asked if they were all residential properties. Miklo said with the exception of the railroad Depot which is a commercial office. Freerks opened the public hearing. Planning and Zoning Commission June 21, 2018 Page 3 of 16 Sharon DeGraw (Historical Preservation Commission) prepared a description of the six structures they hope to have in this historic district in an effort to give an understanding to the reasons for this proposal. First is the Depot, second is the Hotel O’Reilly and the other four are buildings that were constructed as residence originally. DeGraw feels the Historical Preservation Commission is being conservative in requesting only one half of this one block be designated. It is a unique area as it transitions from the downtown area to the railroad tracks. The Historic Preservation component of the Comprehensive Plan encourages the identification and preservation of properties and neighborhoods that are significant to Iowa City's architecture and culture. Towards achieving this goal, a historic architectural study of the Southside Neighborhood of Iowa City was completed in 2015 by Richard Carlson and Marlin Ingalls of the Office of the State Archaeologist. The study was implemented by the Historic Preservation Commission partially in response to the loss of the brick cottages on Dubuque Street and is supported by the Riverfront Crossings Master Plan goal to identify and proactively protect historic resources. The first building identified is the Chicago, Rock Island & Pacific Railroad Passenger Station, it is commonly known now as the Rock Island Depot. It is located 115 Wright Street and is presently occupied by Neuzil Sanderson & Sigafoose law firm who purchased the Depot in 1981. DeGraw explained this is Iowa City’s second passenger Depot, the first Depot was located three blocks away and serviced the city for 40 years until it was considered inadequate. The existing Depot was constructed in 1898 at the urging of Harry Bream, the local Rock Island agent at that time. News articles at the time described the Depot as the “handsomest depot of this size in the United States”, and this quote came from an individual that worked for another rail company. The architectural style of the Rock Island Depot is Richardsonian and Victorian Romanesque with two different bricks distinguishing the base from the body of the Depot. Large graceful brackets support the wide overhanging clay tile hipped roof and a round tower is at the top of the building. Very little has changed with the exterior of the Depot, the building is an anchor to this proposed Railroad Depot Historic District both for its function in the history of Iowa City and for its first-class construction and architectural details. The next building is the Hotel O'Reilly at 624 South Clinton Street, across from the passenger depot. This hotel was built by saloon keeper Michael O’Reilly and functioned as a hotel until the 1920’s when some of the rooms became apartments. In 1957 the building was converted to 16 apartments. The solid brick hotel building is three stories tall with a long sloping roof, front to back. The front of the building features a two-story almost full-width veranda with a metal half- hip roof. The west facade has a full-width metal cornice. The windows have segmental-arch lintels and stone sills with one-over-one double hung windows. The Hotel O'Reilly is individually eligible for listing on the National Register of Historic Places, for both its relationship to the railroad in Iowa City and as an example of commercial hotel architecture. DeGraw added there is still some ghost signage on the south side of the building that says Hotel O’Reilly and also just thinking about how the building functioned, if someone was a newcomer arriving to Iowa City by train, it would have been such a beautiful social scene to see people on the verandas of the hotel enjoying themselves. Next is the Eugene and Olivia Paine House which his located at 530 South Clinton Street. It was constructed in 1893. Eugene Paine was a coal dealer in Iowa City. He began his business in 1875 and it continued until 1922, three years after his death. The Paine House is a two-story brick Queen Anne with a central hip roof and projecting gables. Ornamental brick patterns and carved panels decorate the exterior and molded concrete or carved stone elements adorn the window lintels. Both front and rear porches have been removed and the siding and window in Planning and Zoning Commission June 21, 2018 Page 4 of 16 the front gable have been altered. Despite these changes, because the original design is well documented and these elements could be restored, the house is individually eligible for listing on the National Register of Historic Places partly for its architecture and as a design from the Barber mail order company. It may also be eligible because of its relationship to Eugene Paine. The house was occupied by Paine heirs until 1952 when it was divided into apartments and then sold in 1959. It has been with the current owner since 1962. The fourth property is the J. Walter and May Parvin Lee House located at 604 South Clinton Street (at the intersection of Clinton and Prentiss Streets). It is the oldest structure in the proposed Railroad Depot Historic District. The Parvin Lee house was built in 1878 and was used by the family for their residence until 1898. J. Walter Lee was a dry goods merchant and furniture merchant in Iowa City. The Parvin Lee House is an elaborate 2 ½ story house with two projecting gables and a complex gabled- on hip central roof area. The trim is extensive with brackets and a large frieze band, complex window surrounds and bracketed cutaway corners on the north gable. DeGraw commented that the size of this building and the orientation to the corner makes this building striking and welcoming to look at. With the construction of new buildings in Riverfront Crossings this new Railroad Depot Historic District will tell a story of maintaining this little streetscape and the history of Iowa City. These are mostly middle-class structures, somewhat modest, and nice to preserve. The last two homes were designed by the same architect, Orville H. Carpenter. Both were designed in the Free Classic variant of the Queen Anne Style. Carpenter's own home, which was located nearby at 529 S. Clinton Street, was demolished in the 1970s or 1980s for a parking lot. Carpenter worked as an architect in Iowa City from 1898 to 1938. Trained in architecture and engineering. Carpenter hired builders for his designs instead of building them himself. One of his most well-known designs is the National Register listed Czechoslovakian Protective Society (CSPS) Hall, now the Preucil School of Music on North Johnson Street. The Ellen Donohoe House at 614 South Clinton Street was built in 1899-1900. An announcement of the completed design was printed in a local paper in June 1899 calling it "an elegant new residence.'' Donohoe only lived in the house a short time when she had Carpenter design a new house at 22 East Court Street. She rented the house at 614 S. Clinton Street to tenants until she died in 1919. The house has remained a rental property ever since. The Donohoe House is a 2 ½ story free-classic Queen Anne with a projecting front gable and south- facing gambrel roof wing. The gambrel roof also appears in other O.H. Carpenter designs. The house has seen significant changes including siding replacement and front porch removal but retains its original roofline, window pattern. It would be possible to restore some of the alterations to the exterior. Even though this home is not individually eligible for listing on the National Register of Historic Places, it is contributing to the potential historic district. The second home designed by O.H. Carpenter is the Frank D. and Penena Lindsley House at 612 South Clinton Street. This house was originally built in 1907 at 328 South Clinton Street. Mr. Lindsley moved to Iowa City in 1882 to work as an agent for the railroad. In 1948, the house was purchased by Homer and Mae Beals and moved to 612 South Clinton Street. The Lindsley house at 612 South Clinton retains a high degree of architectural integrity and is perhaps one of the best examples of Carpenter's residential designs. Since it was moved to this location, the house has been a rental property. The Lindsley House is a 2 ½ story gambrel roof house with a side-gambrel main roof, a front gambrel projection and a rear gambrel dormer. Decorative elements include the semi-circular shell design in the front gable and a Palladian window in the north bay projection. There have been very few changes to the home after the move and the Planning and Zoning Commission June 21, 2018 Page 5 of 16 house may be individually eligible for listing on the National Register of Historic Places for its architecture. Signs asked why 109 Prentiss Street and 114 Wright Street were left out of this proposed District. DeGraw stated the goal is to maintain a streetscape and they are aware people may want to develop these areas so they are were careful to draw the district boundaries conservatively for what is most essential to be preserved. Miklo added that 114 Wright Street had been altered so much that it is hard to recognize its original design and purpose. John Beasley (attorney, Phelan Tucker Mullen Walker Tucker Gelman LLP) spoke on behalf of John and Joellen Roffman. He noted that the amount of material one has to synthesize in terms of the Master Plan and Comprehensive Plan is overwhelming. All documents are well over 100 pages. John and Joellen Roffman are long time Iowa Citians who are in the business of real estate and construction with residential and commercial rentals. They have spent their working life acquiring this half block of properties being discussed this evening. Beasley noted his research shows the Roffman’s acquired an interest in the property at 614 South Clinton Street in 1972/73, they acquired 612 South Clinton Street in 1976, 109 Prentiss Street in 1983, 604 South Clinton Street in 1989, 624 South Clinton Street in 1992, 114 Wright Street in 2001 and the last piece to complete that block, 113 Prentiss Street, was acquired in early 2018. Beasley stated the half block proposed for the Railroad Depot Historic District is currently zoned PRM (Planned High Density Multifamily) which is the highest density for residential use that the City Zoning Code permits, even higher than RM-44, it provides for mixed uses, multifamily residential, certain retail uses, and general community uses (daycares, etc.). These properties in this half block are all PRM and have been zoned that way since 2005. Beasley noted this zoning classification is the best option for parties who are interested in developing residential real estate in Iowa City. Beasley noted the train station, which is included in this proposed district, in his opinion is irrelevant and unnecessary. The train station/depot has already been designated as a local Historical Landmark and already subject to the rules and regulations to the City’s rules and polices of the Historic Preservation Ordinance. Adding the train station to this district adds no additional burdens to the owners of the train station. Beasley noted that is important because if the train station is not included in this district the burden of this district then falls mostly onto the Roffmans. There are five properties left, four of them are owned by John and Joellen, so 80% of the burden and restrictions on this district falls on the Roffmans. Beasley believes the City has eight historic districts currently, and it seems those districts seem to be residential neighborhoods, single-family or low density housing zoned areas and those districts the restrictions have to be analyzed differently than the impacts on properties that are in this attractive PRM zoning. Beasley was present at the Planning and Zoning Commission meeting where other historic properties were identified and approved for a historic zoning overlay. At that meeting the main question was what was the City’s standard and what was needed to be evaluated to create a recommendation to the Council and it came across to him that the consensus was the Planning and Zoning Commission only considers whether the proposed historic property or historic zone is consistent with the Comprehensive Plan. Beasley researched that issue and feels there is more to it than just if it is consistent with the Comprehensive Plan. It reads “The Planning and Zoning Commission will review the proposed overlay rezoning based on its relationship to the Comprehensive Plan as amended”. Beasley continued and noted this part was not included in the staff report to the Commission “to the provisions of this title and to any proposed public improvements and other plans for the Planning and Zoning Commission June 21, 2018 Page 6 of 16 renewals of the area involved”. Beasley highlighted the language “to the provisions of this title”, he interprets that to mean Title 14 which is the Zoning Code, which then adds a second prong which he feels is relevant to the analysis which is Article B – Historic District and Conservation District Overlay 14.3B.1 sub C which lays out a second standard he feels the Commission has to evaluate “to qualify for a designation of a historic district the subject area must contain abutting pieces of property under diverse ownership that meet approval criterial of subsection C- 1-A and C-1-B of this section and at least one approval criteria of subsection C-1-C, D, E or F.” Therefore, it is Beasley’s position that the Commission’s analysis it two-fold, it is not simply the relation to the Comprehensive Plan but also this analysis. With regards to the first step, the Comprehensive Plan and the Downtown Riverfront Crossings Master Plan of January 2013 identify the Roffman’s property as mixed-use which is consistent with the PRM zoning classification. He understands the new Master Plan is critical, he understands they are starting to see the issues percolate and the City and the Roffman’s have a different view on this. The City says it (the Master Plan) supports their proposal, Beasely pointed out some differing language. In the executive summary (page 2) it states “each subdistrict has its own chapter which provides an overview of the district and keeps development opportunities that were identified for it”. In the summary page of the Central Crossings District it discusses the Master Plan Objectives and he saw nowhere on page 66 where it lists the Master Plan Objectives, development character, development program, identifying that historic preservation is a priority in this district. Freerks interjected she was a part of developing that Master Plan and historic preservation was very much a part of the plan. Beasley noted it wasn’t documented correctly then. On page 66 there is no mention of the properties in question this evening, on page 67 properties noted are Sabin School, cottage preservation and Tate Arms. However, the Roffman properties are not identified on the Executive Summary of the Master Plan. Beasley said a contrast of that is the language in the Downtown District Plan, on that summary page it specifically identifies historic preservation and preservation of the character in historic buildings. Beasley stated the Roffman’s position is that the proposed rezoning overlay is not consistent with the Comprehensive Plan and the Downtown Riverfront Crossings Master Plan which is to actively encourage redevelopment of properties in this area. Beasley continued and stated the second prong is the idea of diversity of ownership. He would submit there is not diversity of ownership with regards to what the Historic Preservation Commission wants to do here. If the train station is removed, that leaves 80% of the burden on the Roffmans, and therefore diversity of ownership does not exist, which is required for an overlay district as required by the statue. He acknowledged that his view of what is historic probably differs from the Commission, simply because something is old doesn’t mean it is significant historically and he has some concerns about some of these properties as being historic. First of all 612 South Clinton Street was not constructed at that site, rather moved there, when the area was already being converted to rental properties as the hotel was no longer a hotel after 1920’s when it became multifamily residential. 614 South Clinton Street is difficult to justify as historical by the looks of it. He does understand why the hotel is being considered historical, due to its connection with the railroad station, although it only was used as a hotel for 30 years, and has been apartments for much longer. Other than the hotel property, he has objection to the rest of the properties they want to use to create this historical district. Beasley stated the Planning and Zoning Commission has three options, they can approve the Planning and Zoning Commission June 21, 2018 Page 7 of 16 proposed historic overlay, deny it, or go back to the Historic Preservation Commission and refigure the hotel and train station as the historic overlay and leave the other properties out. Hensch asked for clarification on the train depot and if was currently listed on the National Register of Historic Places. Beasley believes so as well as on the local landmarks. Hensch requested Beasley elaborate on his statement regarding his opinion there is a greater burden imposed on the high-density properties versus lower density properties. Beasley said if property rights were a bundle of sticks, if you put a restriction on your property you are giving one stick away, when there is a piece of property that has greater developmental potential and a party puts a restriction on that property that restricts the development of the property, you are giving more sticks away. If he were to have a single family home, zoned single family, and this historic restriction is placed on the home, the home can still be used as a single family home. In this situation, the Roffman’s have property where they could develop at a high density but with the historic overlay restrictions they can no longer develop the property to its potential. Hensch asked what the Roffman’s specific objection to this historic overlay may be or is it the multiple tiered arguments Beasley has presented this evening. Beasley said the overall objection is they cannot develop their land to its fullest potential with this overlay. With regards to the diversity of ownership issue, Hensch asked how many of the properties in question do the Roffmans own. Hektoen said by looking at the assessor’s website there are three different owners of the properties in question. Allan Hogue (511 South Dubuque Street) stated he was born and raised in Iowa, attended The University of Iowa where he met his wife, they moved to Washington DC and spent 30 years there. He retired two years ago and moved back to Iowa City and now live on South Dubuque Street. As everyone knows Iowa City has received national recognition for a place that is very livable, a city that is very desirable to live in, and he understands that because he bought into it literally. Some of the reasons are the Ped Mall, the walkability, and historic preservation and he feels as a group he feels the Commission should be congratulated, they have done a great job with Iowa City. When his wife and he were considering where to retire they considered a lot of options and decided Iowa City has all the features they wanted. W hen they first moved back here they rented a place on Jefferson Street for five months and loved the north side of town. They could have bought into the Vetro or Chauncey Towers but felt it was too much concrete and glass, which he is not opposed to, but likes the mix of Riverfront Crossings. He supports the idea of the Railroad Depot Historic District as it will keep Iowa City unique and livable. John Roffman (1314 Burry Drive) is the owner (with his wife) of most of the property being discussed this evening and as Beasley stated they have spent years acquiring these properties together. He noted he does not have a plan in mind on how he will develop it, but it has always been his intent to increase the density based on the zoning allowed. Over the years he has been approached by people wanting to buy some of the properties but he has been reluctant as it is ideal property close to downtown, the university, and has zoning that allows development. Roffman reiterated that they have no objection to the hotel being added to a historic district, they have totally renovated the inside and replaced all the windows and put the outdoor railings back on. He noted by including 612 and 614 South Clinton Street into the district it would cut the value of the rest of the developmental potential and make the remaining properties undevelopable. Planning and Zoning Commission June 21, 2018 Page 8 of 16 Freerks asked if Roffman owned other properties in Iowa City. Roffman stated he did own a few as well as some in Coralville. Parsons asked if Roffman could describe the property at 610 South Clinton Street. Roffman said it is his understanding the 612 South Clinton Street was moved into the space, so it was previously a vacant lot, the guy that owned the lot of 612 built a garage first and lived in that for a few years and never ended up building a house. Therefore 610 is really just the converted garage that has been used as a residence. Miklo added this property was being included in the proposed Railroad Depot Historic District because the front building has the historic value. Since it does not have historic value it could be removed and the backs of the properties could be redeveloped. The Riverfront Crossings Plan does allow transfer development rights and would allow development that could have been allowed on the street be constructed on the back of the property or elsewhere in the district. Roffman noted that when analyzing what those transfer rights are, based on the zoning there isn’t much of a benefit there. Roffman added they have spent 40 plus years accumulating these properties and now that they may be ready to do something the rules change. Freerks acknowledged Roffman’s frustration and noted this area became an issue when the cottages were demolished and Sabin School was removed so it was decided to take a strong look at the area and see what could be preserved that was historic and incorporated into Riverfront Crossings. She stated the transfer of development rights is a positive for this situation. Miklo confirmed the transfer of development rights allows for taller buildings than usually allowed in the PRM zone and lower parking requirement. The transfer rights can also be sold to another developer in the Riverfront Crossings District. Roffman acknowledged those benefits but said at the bottom line they aren’t the same as being able to develop the land he has acquired. With regards to the cottages and Sabin School being demolished, Roffman feels he is being punished for those situations that were not of his doing and if only he had torn his buildings down prior to those. He has received historical designation awards for other properties he has renovated throughout the community, it is not as if he is against historical properties. Freerks stated she would like to think there is a way to have the community benefit and the property owner benefit together and that is what the Commission is trying to achieve. The goal is to keep Iowa City special and that is what the Preservation Commission is trying to achieve with this Railroad Depot Historic District. Roffman appreciates what Freerks is saying and is willing to work towards something that is equitable for everyone, but that is not the way it is proposed at this time. Emily Legel is an Urban Planning student at The University of Iowa and has lived in Iowa City for the past two years. She wants to commend the Commission for respecting the historic condition of neighborhoods, not only as historical but also as an important tool to attract young folks who are critical for a thriving city. She notes when she walks her dog around the College Green and Summit Street areas she enjoys the historic feel of the area and feels that mix of historic and multifamily is what a city needs to be visually interesting and attractive. Legel said that in one of her land use classes they discuss the definition of taking of land. As Legel understands this situation the Roffman’s feel this new regulation is a taking of their property however they have been purchasing these properties since the 1970’s and the zoning law wasn’t changed until 2005 and if they had investment back expectations they have been using them as such, they did not purchase these properties with the incentive of building a high- Planning and Zoning Commission June 21, 2018 Page 9 of 16 rise structure. Legel feels by granting a property owner the transfer of development rights that is amazing, but even if that was not a right, the idea of a taking of property is laid out in Penn Central v. New York and there is not much of a legal claim of a taking away an investment value when the properties were purchased before the high density zoning was in place. Legel believes the historic character of the neighborhood is important, if one is to walk along South Johnson or South Van Buren (south of Burlington Street) it is not very pleasant, it’s college students, its broken beer bottles, its apartment buildings that all look the same. She reiterated it is important to keep a mix of multifamily and mixed-use in with lower density or single family areas to make neighborhoods more pleasant. Zack Builta (Historic Preservation Commission) wanted to review the criteria for a historic district overlay: (a) Significant to American or Iowa City history, architecture, archology and culture (b) Possesses integrity of location, design, setting, materials and workmanship (c) The buildings are associated with events that have made a significant contribution to the broad patterns of our history (d) The association with the lives of persons significant in our past (e) Embodies the distinctive characteristics of a type, period or method of construction or represents the work of a master or represents high artistic value or represents significant and distinguishable identity whose components may lack individual distinction (f) It has yielded, or may likely yield, information in prehistoric history or history With respect to what is being discussed today, this historic district meets criterial (a) and (b) as the last remaining intact collection of buildings in the near southside neighborhood that developed as a middle-class neighborhood and further developed an association with the railroad and the passenger depot. As a neighborhood that includes buildings associated with the railroad this district also meets criterion (c) which is event significant in our history. Lastly this district meets criterion (d) in its association with the prosperous coal dealer Paine, a speculator or saloonkeeper O’Reilly, in addition to the architects and builders involved which makes this meet criterion (e). Therefore criteria’s (a), (b), (c), (d) and (e) are met. Cecile Kuenzli (Historic Preservation Commission) was impressed with Legel’s presentation as a graduate student. She remembers these were the same types of comments that were discussed when the Chauncey was proposed. At that time many young people came forward and stated they loved the old Iowa City, the funky buildings, and the historic buildings. Kuenzli noted there is only 2.6% of the land mass of Iowa City in historic districts, so that is not a lot of land mass kept from developers. As Freerks pointed out there is still ample opportunity for development in this area with the transfer of development rights and there are also tax incentives at the state level and even at the federal level for owners of properties in historic districts. As Builta just outlined, there was nothing arbitrary about designating the properties that were to be included in this district, they had to meet a very well-defined list of criteria to qualify to be local landmarks. So the question then before the Planning and Zoning Commission is then why create a historic district. All of these structures together will create a small district, one of the last available in Iowa City, and it is noted by the article in the packet by Mr. McMann that neighborhoods that are established as historic neighborhoods foster social economic and cultural vitality, they are places where people want to be, want to walk, want to spend their free time. As an antidote Kuenzli stated about two weeks ago she hosted a physician from Mexico who married an Iowa City girl and was back in town for family reasons. He hadn’t been here in a while so Kuenzli drove him around and asked him what he thought of Planning and Zoning Commission June 21, 2018 Page 10 of 16 all the new buildings, he hesitated and said he felt Iowa City was losing its charm. These buildings on South Clinton Street make a neighborhood, there are not many historic neighborhoods left, so she urges the Commission to adopt this area as another historic district, albeit a small one, and save some more of Iowa City’s charm. Hensch asked about the site inventory form for 614 South Clinton Street, the statement of significance on item (c) (the buildings are associated with events that have made a significant contribution to the broad patterns of our history) when reading the National Register criteria it states “integrity has been compromised more substantially than is the case for the other contributing buildings in the proposed district” and looking at the picture of 614 South Clinton Street, that building does not look very historic. Kuenzli admitted to having the same initial reaction, but when you read about the history and that it was one of the houses built by O.H. Carpenter. Other houses that may look more historical were not added to the district as it would take too much work to bring those houses back to their original historic appearance. The house included in the proposed district could all be easily resorted to their original historic appearance and therefore become again contributing sources to the historic district. Miklo added that in terms of historic districts both the National Register criteria and local criteria is there cannot be a “Swiss cheese” district where some properties are included and then one in the middle is left out, so buildings are classified as being key contributing or non-contributing within boundaries of the district. So 614 South Clinton is probably the weakest in terms of its historic value, but to take it out would then fail to have a contiguous district. Also, one goal of historic districts is that over time the buildings are reinvested in and brought back to their historic appearance. Ryan O’Leary grew up in Iowa City and appreciates both sides to this argument, they are multi- faceted and more than just two sides. O’Leary would like to say he is impartial however Roffman is a very close friend and mentor and they attended Riverfront Crossing meetings together, went on the walking tours with the consultants, he personally participated in helping the City buy UniverCity houses, advocating for the brewer’s house next to Brewery Square and consulting with the Wesley Foundation on if they would participate and let that go through. In that case of the property on Market Street, the boundary was clearly drawn, not on the property line but on the area it was intended to preserve. O’Leary would like to have the Commission evoke the idea that 10 or 20 years from now being able to look at the climate of historic preservation of this community and take it very seriously. The pendulum swings back and forth in the court of public opinion and the cottages are not a good justification to over reach in this instance and instead will set a bad precedent, incite property owners to do devious and malicious things to historic properties, and further endanger the general public perception of preservation. There are people who have very strong feelings about historic properties that are very disenfranchised and disenchanted with the historic preservation process. Even people who have served on the Historic Preservation Commission become very frustrated with lack of a broader scope. He feels this designation is punishment for the way the Roffman’s have treated these properties over time. They could have taken historic elements off these properties, they could have used inferior materials, and the last acquisition of 113 was unrecognizable as historic with the broken staircases and crumbling exterior. In the future O’Leary would be hard pressed to advise folks to maintain or restore their properties to their original glory if it would only subject them to this type of acquisition. Freerks noted her disagreement and feels that fear of what a property owner may or may not do is not a threat that concerns her. She does not see this proposal as punishment for the Planning and Zoning Commission June 21, 2018 Page 11 of 16 cottages, and this proposal does meet the Comprehensive Plan in her opinion. O’Leary added that 604, 612, and 614 South Clinton Street are less qualified to be included in historic. He does feel that preserving 624 South Clinton Street should be a goal based on the criteria listed earlier. Richard Carlson is the co-author of original 2015 report is obviously in favor of the rezoning and of the historic district. He noted this area is in the County Seat Addition of Iowa City which was platted two years after the Original Town Plat. This whole area is as old as Iowa City itself. It has been complete obliterated except for a tiny handful of properties of historic structures, this being the most important one. There are buildings in this area that are unlike anything else in Iowa City. 530, 604, 612 and 624 South Clinton Street are all architecturally unlike anything else you will see anywhere else in the city including the historic districts. As far as 614 South Clinton Street (the Donohoe House) he acknowledges if it were a whole district of buildings that looked like this one it would not be a historic district, it is added mainly because it keeps the continuity from north to south. On the other hand, Carlson did recommend this house as being eligible as a contributing element of the district because it contains the original massing, the roof line, and there are architectural details on the back of the house as well. Miklo noted there has been a lot of discussion on what qualifies for a historic building or not, in the Zoning Ordinance that is outlined as the role of the Historic Preservation Commission to make that recommendation to Council. The Planning and Zoning Commission’s role is to make a recommendation as to whether this complies with the Comprehensive Plan. The Planning and Zoning Commission is not being asked to judge whether these buildings are historic. That determination is for the Historic Preservation Commission. Freerks noted the discussion of this topic is different than some as there is not a plan that the Commission can tweak, what is before them is a proposal that has been researched and outlined and the role of the Planning and Zoning Commission is only to review that proposal with the Comprehensive Plan. Therefore, there is no negotiation or discussion in what the Commission can do here regarding taking some properties out. Signs disagreed and said the Commission negotiates on things all the time. He feels there are opportunities within this block to satisfy the needs of both parties. He added that both the Riverfront Crossings Plan and the Comprehensive Plan are relatively new documents in the scheme of the history of Iowa City and they speak to the desire of the community and residents at that time of drafting. In many discussions it’s all about looking forward but he feels there is also an obligation to look back, for example when someone has owned properties for 50 years and now we are making decisions based on a plan that is less than 10 years old. Freerks acknowledged that but reiterated what the role of the Planning and Zoning Commission is for this situation. Hektoen added that the whole notion of zoning is a police power, the Code is changed all the time to respond to public health, safety, welfare concerns and the plans are adopted after a lengthy process, it is a constantly changing area of the law and the courts give great deference to those decisions made by city councils. A property owner doesn’t have vested rights in a zoning designation. Changes to the zoning designations are made through processes with due deliberation. Freerks feels the tools are all here for everyone to benefit, she understands the property owners concerns but this process was set into motion some time ago, when Sabin was taken down the Planning and Zoning Commission June 21, 2018 Page 12 of 16 mitigation of money was put forward to have this historical study completed. She feels the Historical Preservation Commission has whittled this down to a very small area and it is now reviewed to see if it complies with what was outlined by City Council in the creation of the Comprehensive Plan and Riverfront Crossings Plan, and it is the place of the Planning and Zoning Commission to answer to that. Miklo added that plan that proceeded the current plan was the Near South Side Plan from 1992 and it also identified these as potential historic buildings. Signs recognizes the community response, it started with the cottages, and the City had to take a step back and look at this issue and he does applaud the Historic Preservation Commission and the work they are doing. He stated he is not questioning nor making any judgement on whether these properties are historic or not, he just struggles with the property right issues of land owners, which is the foundation of our country, it is the preamble to the National Association of Realtors mission and motto. Hektoen noted the time for the discussion is when Mr. Roffman decides to develop or someone wants to buy his transfer of development rights. Roffman stated he respectively disagreed with what Hektoen is saying as it has been his experience with every level of the City Government that once it is in a plan there is no changing it. Miklo noted the Riverfront Crossings Zone is a Form-Based Code versus a Use-Based Code and that allows for the Riverfront Crossings area to have either residential or commercial as well as institutional uses. It does dictate the form of the building on the property, the shape of the building, the materials. It is also the one district where the City does have transfer of developmental rights where the square footage that is not available for development (due to the historic designation) could be transferred elsewhere in the District. Freerks added that is not something that is allowed in any other district in the City. Roffman stated he had a property on Iowa Avenue (923 Iowa Avenue) that the tornado decapitated the third floor, the insurance company recommended to demolish the building so they did so and then drew plans on what could be built there based on the zoning codes and throughout planning and meetings all agreed on the proposal until the 11th hour when one of the Commissioners decided the proposed building was too big. It took a year and a half of additional meetings it was finally decided he could build the building. This is why he has little faith in this situation that it will work out in his favor when he decides he wants to develop his properties on South Clinton Street. Freerks acknowledged that time after the tornado was difficult as there was so many damaged properties. She added she was glad Iowa Avenue had been designated as historic prior to the tornado otherwise the rebuilding of Iowa Avenue would look different. Freerks closed the public hearing. Hensch moved to recommend approval of REZ18-00017, an application to designate the Clinton Street and Railroad Depot Historic District as a Historic District Overlay (OHD) zone. Planning and Zoning Commission June 21, 2018 Page 13 of 16 Parsons seconded the motion. Hensch asked why the train station/depot would be included on this application when it is already on the historic register. Miklo stated one of the themes of this District is the association with the railroad so it is part of the neighborhood. Parsons added it speaks to the connectivity of all the properties. Hektoen stated that listing something on a National Register does not mean it has to comply with the local policies, therefore it would need to be on the local registry as well. Martin noted we do not live in a vacuum and what happened with the cottages did shape how these things are handled. When she looked at all the documentation she was actually disappointed that the proposed district was only a small snippet, she liked the Carlson/Ingalls original proposal. Because of where this is, she is actually a fan of historic homes mixed in with high rises and feels the community wants this mix and it is necessary to attract young people and retirees alike to the area. Martin feels this proposal absolutely meets what was put into place in the Comprehensive Plan and it adds richness to Iowa City. Parsons agrees and feels the community does want to see historic areas preserved. He also loves to see the mix of modern and historic while walking through a neighborhood. Hensch stated he wished the proposed District was larger, he noted this is the original part of Iowa City and there is hardly anything left. He feels it is a beautiful portion of the City and the historic nature of the area actually increases the value. Signs also was disappointed that the District was whittled down and that is part of his frustration and questioning of the remainder as it seems a bit arbitrary to him. He feels it should be all or none. He has nothing against historic properties and likes the blending of neighborhoods. He struggles with how developing these plans can significantly alter the value or potential value of properties. Hektoen stated value is only a consideration. It is a concern if the zoning results in no viable economic return on the properties affected. Freerks feels this proposal does meet the Comprehensive Plan and Riverfront Crossings Plan. A vote was taken and the motion passed 4-0 (Signs abstained). REZONING/DEVELOPMENT ITEM (REZ18-00013/SUB18-00006): Discussion of an application submitted by North Dubuque, LLC for a rezoning of approximately 73.15 acres of land from Interim Development - Low Density Single- Family (ID-RS) zone, Low Density Single-Family (RS-5) zone, and Planned Development Overlay/ High Density Single- Family Residential (OPD/RS-12) zone to Planned Development Overlay/ High Density Single- Family Residential (OPD/RS-12) zone for approx. 50 acres of property and Planned Development Overlay I Highway Commercial (OPD/CH-1) zone for approx. 23 acres of property. The applicant is also requesting approval of the preliminary plat of Forest View, a 73.15-acre subdivision, located north of Foster Road, south of 1-80, west of N. Dubuque Street, east of Mackinaw Drive. Planning and Zoning Commission June 21, 2018 Page 14 of 16 Miklo stated staff is requesting this item be deferred indefinitely. Freerks opened the public hearing. Seeing no one Freerks closed the public hearing. Parsons moved to defer REZ18-00013/SUB18-00006 indefinitely. Martin seconded the motion. A vote was taken and the motion passed 5-0. REZONING/DEVELOPMENT ITEM (REZ18-00005/SUB18-00005): The application, submitted by Bedrock, LLC for a rezoning of approximately 18.03 acres from Interim Development Multifamily Residential (ID-RM) zone to Planned Development Overlay/Low Density Single Family Residential (OPD/ RS-5) zone and Planned Development Overlay/Low Density Multifamily Residential (OPD-12) zone and a preliminary plat of Cherry Creek Subdivision, a 17-lot, 18.03-acre residential subdivision located east of S. Gilbert St & south of Waterfront Dr. Miklo stated the applicant is requesting this item be deferred until the July 5 meeting. Freerks opened the public hearing. Seeing no one Freerks closed the public hearing. Signs moved to defer REZ18-00005/SUB18-00005 until the July 5 meeting. Martin seconded the motion. A vote was taken and the motion passed 5-0. CONSIDERATION OF MEETING MINUTES: JUNE 7, 2018 Hensch moved to approve the meeting minutes of June 7, 2018. Signs seconded the motion. A vote was taken and the motion passed 5-0. PLANNING AND ZONING INFORMATION: Miklo noted they have scheduled a joint meeting with the City Council for Tuesday, July 3 to discuss the rezoning on Burlington, Capitol and Court Streets. Planning and Zoning Commission June 21, 2018 Page 15 of 16 Miklo also acknowledged and thanked Freerks for her service to the Planning and Zoning Commission. Adjournment: Parsons moved to adjourn. Signs seconded. A vote was taken and the motion passed 5-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2017 - 2018 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 4/5 (W.S) 4/16 4/19 5/3 5/17 6/21 DYER, CAROLYN X O/E X X X X X X X O/E X O/E X X X X O/E FREERKS, ANN X X O/E X X O/E X X X X X X X X O/E X X HENSCH, MIKE X X X X X X X X O/E O/E X X X X X X X MARTIN, PHOEBE X X X O/E O/E X X X O/E X X X X X X X X PARSONS, MAX X X X X X X O/E X X X X X X 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 X X X O/E X O/E X X X X X X X X X O/E KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member