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Home My WebLink About2022-07-12 Bd Comm minutesItem Number: 5.a. J uly 12, 2022 AT TAC HM E NT S : Description Climate A ction Commission: November 1 Item Number: 5.b. J uly 12, 2022 AT TAC HM E NT S : Description Climate A ction Commission: J anuary 10 Item Number: 5.c. J uly 12, 2022 AT TAC HM E NT S : Description Historic P reservation Commission: March 10 Item Number: 5.d. J uly 12, 2022 AT TAC HM E NT S : Description Historic P reservation Commission: May 12 Item Number: 5.e. J uly 12, 2022 AT TAC HM E NT S : Description Housing & Community Development Commission: May 19 [See Recommendation] Item Number: 5.f. J uly 12, 2022 AT TAC HM E NT S : Description L ibrary B oard of Trustees: J anuary 27 Item Number: 5.g. J uly 12, 2022 AT TAC HM E NT S : Description L ibrary B oard of Trustees: May 26 Item Number: 5.h. J uly 12, 2022 AT TAC HM E NT S : Description Planning & Z oning Commission: J une 15 [See Recommendation] Date: July 7, 2022 To: Mayor and City Council From: Anne Russett, Senior Planner Re: Recommendations from the Planning and Zoning Commission At its June 15, 2022 meeting, the Planning and Zoning Commission have the following recommendations to the City Council: By a vote of 5-0 (Nolte & Signs absent) the Commission recommended approval of REZ22- 0009 an amendment to Title 14, Zoning related to historic preservation regulations. Additional action (check one) ____ No further action needed ____ Board or Commission is requesting Council direction _X_ Agenda item will be prepared by staff for Council action MINUTES FINAL PLANNING AND ZONING COMMISSION JUNE 15, 2022 – 6:00 PM – FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Susan Craig, Mike Hensch, Phoebe Martin, Maria Padron, Billie Townsend MEMBERS ABSENT: Mark Nolte, Mark Signs STAFF PRESENT: Sara Hektoen, Anne Russett OTHERS PRESENT: RECOMMENDATIONS TO COUNCIL: By a vote of 5-0 (Nolte & Signs absent) the Commission recommended approval of REZ22-0009 an amendment to Title 14, Zoning related to historic preservation regulations. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. REZ22-0009: Consideration of an amendment to Title 14, Zoning to clarify historic preservation related regulations. Russett began the staff report noting that the proposed amendment is considered by staff to be code cleanup. There are four minor amendments that they're proposing tonight. The first is to clarify Historic Preservation exception applicability. The second is to remove the list of local landmarks, historic districts and conservation districts from being codified within the text of the code. The third item is to add an abbreviation for conservation overlay zones or OCD and the fourth is related to Public Hearing Notification procedures. All of these amendments have been reviewed by the State Historic Preservation Office’s CLG coordinator (certified local government coordinator), which is the State employee who works with historic preservation programs across the state and she had no concerns with the proposed amendment. The Historic Preservation Commission also recommended approval of these amendments at their meeting last week Russett stated the first proposed amendment is related to clarifying historic preservation, exception applicability and the Iowa City zoning code includes exceptions for historic preservation purposes. The code allows the Board of Adjustment to grant a special exception to waive or modify dimensional or site development standards in residential and commercial zones that would prevent use or occupancy of a property that's designated as a local historic landmark Planning and Zoning Commission June 15, 2022 Page 2 of 5 or registered in the National Register. It also allows the Board to grant a special exception to adaptively reuse a building that's designated as an Iowa City landmark or listed in the National Register to certain other uses that are typically not allowed in the zone. The proposed amendment would clarify that the exceptions apply to properties located in a historic district overlay zone (or zoned OHD), which includes both local historic districts and local historic landmarks. This does not change how staff has interpreted this section over the years historically, staff has applied this code section to both local landmarks and local districts, so this is for clarification purposes. The next amendment is to remove the list that's currently in the code of local historic landmarks, local historic districts and local conservation districts. These districts and landmarks will still exist, it will just take the list of all the districts and all the landmarks out of the code. Staff uses several methods to track historic properties, the main one is through the rezoning process when City Council adopts a rezoning and zones land OHD, or a historic district overlay. Staff also administratively keeps a list of all landmarks in all districts within the City and that's available on the City website. This separate list that's codified of all the districts and landmarks in the zoning code is not regularly updated and is redundant from the rezoning ordinance that are adopted by Council, so staff is recommending that they be removed from the code and instead rely on the ordinances that are adopted by Council and the staff administrative lists. The third is to add an abbreviation for conservation overlay zone or OCD. This abbreviation is on the zoning map, but it's not within the zoning code. This will allow the zoning text to be consistent with the zoning map. The last proposed amendment is related to the public notification procedures for public hearings at the Historic Preservation Commission. Russett explained after receipt of an application for a historic landmark, or a local historic district or local conservation district, the zoning code requires that a public notice be mailed. However, the current requirements have been a source of confusion and complaints from property owners, so the proposed amendment would clarify the staff’s mailing procedures and who gets notified of the proposed rezoning. The code also requires that proposed local historic districts, local historic landmarks and local conservation districts be submitted to the State Historic Preservation Office for review, however, the State will not review local historic landmarks or local conservation districts so the code is going to be updated to clarify that the State will only review local historic districts and that will help align City policy with State policy related to those reviews. Russett did note planning staff is also working with the City Attorney's Office on some minor text changes to the mailing procedures. Staff is recommending that the zoning code be amended as illustrated in the memo to address numerous code cleanup items related to historic preservation. Padron asked regarding the OCD when reading the entire wording, why doesn't it match. Russett doesn’t know why it was set up that way but it's the same for historic district overlays, which are OHD, so for some reason, the abbreviation has the O come first and this is just staying consistent with how it's done. Planning and Zoning Commission June 15, 2022 Page 3 of 5 Craig asked for some background on the State Historical Preservation Office, she looked at their website briefly but couldn't really see where their charter came from or what they have the authority to do. Russett explained they give some discretion to the historic preservation commissions, but they operate the certified local government program and there are certain benefits and incentives that come along with being a certified local government such as access to grants and technical assistance. Craig asked if there are some state tax benefits of being in a historical district, or just local. Russett confirmed that SHPO also deal with the state historic preservation tax credits. She added they also would review any national register nomination that the City would propose and review a proposal for a local historic district. Hensch noted he is surprised that the was put in the code since it could be constantly changing, therefore this amendment makes perfect sense. He also was surprised to learn that State Historic Preservation Office isn't interested or won't review the local historic landmark designations, he just assumed that's what they did. Hensch opened the public hearing. Seeing no one, Hensch closed the public hearing. Padron moved to recommend that the Zoning Code be amended as illustrated in Attachment 1 to address code clean-up items relating to historic preservation. Seconded by Craig. A vote was taken and the motion passed 5-0. CONSIDERATION OF MEETING MINUTES: MAY 18, 2022: Townsend moved to approve the meeting minutes of May 18, 2022. Martin seconded the motion. A vote was taken and the motion passed 5-0. PLANNING AND ZONING INFORMATION: Russett gave some Council related updates, first, Council recommended denial of the proposed MidAmerican substation in the County. Council did recommended approval of the accessory dwelling unit on American Legion Road in the County. They adopted the drinking establishment text amendment related to the door between the drinking establishment and the retail use and they adopted the text amendment related to private basic utilities in P zones. Council also approved the final plat for Hickory Trail. Planning and Zoning Commission June 15, 2022 Page 4 of 5 Russett also announced today is Commissioner Martin's last meeting and presented her with a certificate of appreciation for more than 10 years of service to the community as a member of the Iowa City Planning and Zoning Commission. Craig wondered if staff could talk a little bit about the conversation about the North Side becoming a SSMID. Russett noted the City hasn't received an application or anything. Craig noted it might just be somebody floating an idea, there was an article in the Press Citizen. ADJOURNMENT: Townsend moved to adjourn. Craig seconded. A vote was taken and the motion passed 4-1 (Martin in the negative as it was her last meeting). PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2021-2022 7/1 7/15 8/5 8/19 9/2 9/16 10/7 10/21 11/4 1/5 2/2 2/16 3/2 4/20 5/4 5/18 6/15 CRAIG, SUSAN X X O/E X X X X X X X X X X X X X X HENSCH, MIKE X X O/E X X X X X X X X X X X X X X MARTIN, PHOEBE X O/E O/E O/E X O/E X O/E X X O/E X X X X X X NOLTE, MARK X X X O/E X O/E O/E X X O O X O/E X O/E X O PADRON, MARIA X X X X X X X O/E X O/E X X X X X O/E X SIGNS, MARK X X X X X X X X X X X X O/E X X X O/E TOWNSEND, BILLIE X X X X X X X X X X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member Item Number: 5.i. J uly 12, 2022 AT TAC HM E NT S : Description Public A rt Advisory Committee: March 3 Item Number: 5.j. J uly 12, 2022 AT TAC HM E NT S : Description Senior Center Commission: March 17 Item Number: 5.k. J uly 12, 2022 AT TAC HM E NT S : Description Senior Center Commission: April 21