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HomeMy WebLinkAbout1997-10-21 Bd Comm minutesMINUTES HISTORIC PRESERVATION COMMISSION TUESDAY, SEPTEMBER 9, 1997 -- 5:30 P.M. LOBBY CONFERENCE ROOM -- CITY CIVIC CENTER MEMBERS PRESENT: Lars Anderson, Ann Cairns, Frank Gersh, Betty Kelly, Ruedi Kuenzli, John Shaw, Michaelanne Widness MEMBERS ABSENT: Doris Malkmus, Pam Michaud, Michael Pugh STAFF PRESENT: Scott Kugler, Traci Howard OTHERSPRESENT: Emerson Andrishok, Kim Merker, Peggy Mills ELECTION OF A MEETING CHAIR: Widness moved to have Kelly be the meeting chair since neither the Chair nor the Vice Chair were in attendance. Anderson seconded the motion. The motion carried by a vote of 6-0. CALL TO ORDER: Chairperson Kelly called the meeting to order at 5:42 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. CERTIFICATE OF APPROPRIATENESS REVIEWS: 530 Brown Street -- Kugler said this is a request to permit a six foot high wood fence with an additional one foot high lattice to be located on the property. The fence would replace an earlier, white painted fence that was recently removed. Construction of the new fence has begun, but a building permit is required for the fence. Peggy Mills represented the property owners, and showed a photo of the partially completed fence. Kugler noted another fence on the property that does not have anything to do with this fence. He said that the fence is difficult to see from the street and both sides will be finished. Cairns asked if they would be painting the fence. Mills said that they are using a green-treated wood that looks better on the property and would not be painted. Kelly noted that even green-treated wood would have to be treated in the future. Mills said they would use a natural product for that. Kuenzli asked if there was a seven foot fence there before. Mills said there was previously a seven foot horizontal fence painted white there. Kelly said that the fence is probably not historically correct, but 'the fence really had no visibility. MOTION: Cairns moved to approve the certificate of appropriateness for the property on 530 Brown Street. Widness seconded the motion. The motion carried by a vote of 6-0. 604 Iowa Avenue ('Windrem House) -- Kugler said the request is for approval of an addition at the rear of the property, which is an Iowa City Historic Landmark. The work would include an existing garage. The garage is to be raised up to coincide with the second level of the house and converted into a study. A new garage would be constructed under the original garage, and a new addition would connect the garage/study to the house. The addition would be brick on the top and stone on the bottom, the current garage door would be used on the new garage and new windows would match existing windows around the house. Historic Preservation Commission Minutes September 9, 1997 Page 2 Kugler said a couple of questions that John Shaw raised earlier in the day were (1) Would there be an elevator over-run above the roof, (2) Could the new stone be matched closely enough to the original stone, and (3) How much excavation would be necessary on the west side of the house. Kim Merker said that there would not be any kind of over-run from the elevator on the roof. Emerson Andrishok said that he spoke with the masons recently, and their stone supplier from Anamosa said that they could match the color, general texture and shape of the stone. He said that the house had been tuckpointed, so the mortar should be able to be matched. Widness asked if they had considered doing the entire project in siding. Merker said no because he thought the addition would be better unified with the stone on the bottom. He said the previous owner, Ed Green, and his contractor, Michael White, matched the eaves well when they built the garage and picks up the building's identifying traits without trying to make it seem like a part of the original building. Merker said he thought the stone added to the unity of the structure without trying to make it seem like a part of the structure. Andrishok said that regarding the excavation, the garage will be as low as the first floor of the house with retaining walls on either side of the driveway. He said that despite the previous plans and sketches, they are not going to try to change the grade of the house because when the foundation was previously built on, to counteract the frost-heat affect, a layer of stucco-like material was put below grade. He said that he would like to expose as little of that material as possible. Kugler said that Shaw was worried about what they would find when they did excavate to lower the grade. Andrishok said when they construct the breezeway, they will expose the foundation of that part of the house and tuckpoint it. Merker said that where the house was previously tuckpointed, especially on the foundation, a ditch was dug to the bottom of the stonework and tuckpointed the whole thing. He said that because there had been some leakage, Green built up the area with waterproof materials and cement. Merker said that he would rather not expose that area. Kelly asked if Merker had ever had any moisture problem on the lower level of the house. Merker said that over the years, the old tuckpointing material started leaking water into the house. He said he did some repair work, using the same 19th century formula for the tuckpoint materials, so the area is in pretty good condition now. Kelly said that could be a serious problem, especially if the house grade is changed. Gersh said the plans show a little fence on the west property elevation, and there was no fence in the photos shown. Merker showed one photo that showed the fence. Cairns said that the fence is designed to hide the air conditioner and other services from public view, and is an excellent idea. Andrishok said that fence goes in flush with the new garage, which is actually setback from the house. He said that the fence is similar to the dog-eared cedar fence that exists on the other side of the house. Kugler asked if the piece connecting the study to the house would have a flat roof. Andrishok said it would be a rubber roof with a slight pitch to keep the roof from tying into the old house on both sides. Kugler said that he had not seen the property from the east side, and asked about the deck visibility. Merker said the deck is not visible at all. Cairns said that all that sticks out at the moment are two steps located at the bottom when the property is looked at straight on. Merker said the side yard is completely concealed. Kelly asked if the existing stone terrace was going to be removed. Merker said no. Andrishok noted that the floor plan shows the new terraces and how they will interact with the existing ones, and said that there will be a lot of Historic Preservation Commission Minutes September 9, 1997 Page 3 landscaping on that side of the house. Kelly said that there is not much room to the edge of the property line. Andrishok said that they are right at the required setback. Cairns asked what would happen to the existing windows on the back of the house. Andrishok said that two windows will be removed and replaced with doors, and the others will remain unchanged. He said that if they can find places for them, the existing windows may be placed in the new addition. Merker said that only the windows along the front door are the original glass, and the thick, white beams above the windows on the second floor are also original. Gersh asked if Merker had planned to do a similar architectural design on the new addition. Merker said that it would be difficult to do because of the thickness of the walls. He thought that the location of the windows will look like they belong to the structure without stealing the detail from the brick house. He noted that Green matched the details on the garage roof so nicely. Widness noted that the garage represents differentiation from the house, and asked if there would be future questions about the age of the garage and if it was remodeled, and if people driving by would be able to tell the older part (the house) from the newer part (the addition). Andrishok said that the house and the garage are from two different time periods, and they were never intended to match perfectly. Kelly said that Widness was addressing the fact that others might think Merker had remodeled an existing building. Merker said that people should be able to know that if they know anything about the different time periods when the different structures were built. Kugler said that there is sometimes a fine line between building a compatible addition and matching a new addition too close to the older portion of the house. There are often some subtle things, like the setback, the change of materials and the different roof pitches, that will enable people to see that alterations have occurred if they look closely. He said that he thought the stones, even if they are matched in color, will age differently, and people will be able to tell the difference. MOTION: Cairns moved to accept the plans for the addition as submitted for the Windrem House on 604 Iowa Avenue. Kuenzli seconded the motion. The motion carried by a vote of 6-0. DISCUSSION OF PROPOSED COVENANT FOR PROPERTY LOCATED AT 716 N. DUBUQUE STREET: Kugler said that he spoke with Tim Grady, the attorney for the property owner, and made some changes. He said that the covenant applies only to the property's exterior, similar to a landmark or historic district designation. He said that under item #6 on page 2 of the covenant, the time was changed to 15 years. It was felt that if the property is deemed appropriate for landmark status when surveyed it will likely be designated as such during that 15-year period anyway. Kelly noted that the changes made were discussed at the previous Commission meeting. MOTION: Anderson moved to accept the 716 N. Dubuque Street Covenant as submitted. Gersh seconded the motion. The motion carried by a vote of 6-0. DISCUSSION OF GRANT PROJECTS: Original Town Plat Survey, Phase I -- Kugler said he talked to Jan about the revisions the Commission discussed at the last meeting. She told him that she would give him the disk to Historic Preservation Commission Minutes September 9, 1997 Page 4 make whatever changes the Commission sees fit. Kugler said he had not yet picked the disk up but will do so soon, and he will have her review the final copy. Longfellow Nei.qhborhood Survey, Phase II -- Kugler said that a neighborhood meeting is scheduled Tuesday, September 23, 1997, at 7 p.m. at the Hope United Methodist Church at 614 Clark Street. He said that Shaw, himself and Molly Naumann, the consultant, will all be there. Other Commission members are not required to attend but are encouraged. This meeting is an opportunity for residents to come find out about the survey project, and to volunteer to help with the research. Kelly suggested talking to some Oaknoll residents who lived in the neighborhood when it was developing. Kugler said the City has hired a new intern, and she will be doing a lot of the research for the survey. Original Town Plat Survey, Phase II -- Kugler said that he has not heard if they have received the grant. He said they should know by the end of the month. HISTORIC LANDMARK PLAQUE UPDATE: Kugler said that 19 plaques are installed. He said they could all be done, but a number of property owners cannot decide where they want the plaque and four have not returned his calls. He said the Trinity Church ceremony is Sunday, September 14, 1997, at 11:30 a.m. He said the City will install the plaque on Friday afternoon and the church will "unveil" it during the ceremony. He said that Shaw was planning to attend. Kelly said that if Shaw could not attend, she would be able to. She suggested taking pictures at the ceremony for publication and to have some for the award ceremony next year. Kugler said that he would call some people from the Gazette, the Press Citizen and the Advertiser to get some publicity, and see about getting something put in to one of the City newsletters. Gersh said that he would try to get to the ceremony to take some pictures. Kugler said he could have someone from the church take the pictures if a Commission member could not do it. Kugler said that he was not sure where the plaque would be located on the exterior of the church, but because of the board and batten siding, it can only be placed on the door facing Gilbert Street or in the first space between the corner board and the first batten. Widness asked why four people had not returned his calls. Kugler said that he knows that one person is out of town. REMINDER OF SEPTEMBER 30, 1997, ORIENTATION SESSION: Kugler said that the orientation session is scheduled for 5:30 p.m. in the City Council Chambers. Kerry McGrath, the CLG Coordinator with the State Historical Society, will be running the two-hour session. Kugler suggested that if Commission members had any questions or wanted some specific information to tell him and he would pass it on to her. Kelly noted that McGrath gives good handouts and a good presentation. SCHEDULE ANNUAL PLANNING SESSION: Commission members set a date of Thursday, October 23, 1997, at 5:30 p.m. as their first choice, and Monday, October 20, 1997, at 6 p.m. as their backup date. Kugler said that he would talk to the missing Commission members to make sure those dates work for everyone. He said the purpose of the session is to evaluate the progress of the Commission's implementation of the Historic Preservation Plan and to set priorities for the next calendar year. Historic Preservation Commission Minutes September 9, 1997 Page 5 CONSIDERATION OF MINUTES FROM THE JULY 8, 1997, AND AUGUST 12, 1997, MEETINGS: Kugler said he made the suggested changes to the July 8 meeting minutes from the last meeting where there was no quorum. MOTION: Anderson moved to accept the July 8, 1997, meeting minutes as submitted at this meeting. Gersh seconded the motion. The motion carried by a vote of 6-0. Kugler noted the error on the agenda, and the meeting was held on August 12 instead of August 18. Widness said that on page 3 in the third paragraph where it says, "Kuenzli suggested asking Pat Eckhardt for several reasons ... 2) she is a friend of historic preservation, ..." and asked if the friend part is supposed to be capitalized and if she is a member of that group. Kuenzli said that it should be capitalized because she is a member of the Friends of Historic Preservation. Kuenzli noted on page 7 in the third full paragraph, he wanted the sentence to read, "Kuenzli said it would be defined once the area east of the Original Town Plat is surveyed." (Shaw arrived at 6:34 p.m.) Kuenzli noted on page 8, second sentence that he did not like the words "post-problematic". He said the Commission tried to change all the language to not use "Northside" and came up with the Original Town Plat. He said that in Nash's report she uses the term "Northside" when quoting Svendsen, even though the Commission uses the term "Original Town Plat" when referring to the same area. Gersh suggested striking the words after the word Northside, and insert ", the term that the Commission decided to avoid using." MOTION: Anderson moved to accept the August 12, 1997, meeting minutes as amended. Gersh seconded the motion. The motion carried by a vote of 7-0. COMMITTEE INFORMATION DISCUSSION: State Historical Society of Iowa Lon.a-Term Plannin.q Document -- Kugler said that if Commission members have any comments regarding the document to please forward them to himself or directly to the State Historical Society. Letter from SHPO Re.~ardina Summit Street Brid.qe Replacement -- Kugler said that this was something that the Commission had not reviewed. He said that they are not planning on widening the street, so theoretically, there should be no impact on the surrounding environment of Summit Street. He said they will be reconstructing the bridge up to Sheridan Avenue. Gersh said that the bridge design and materials could potentially impact the surrounding area. Kugler said that the Commission will be involved in the design review of the bridge, but the State Historical Society will not be. Letter from SHPO Re.aardin.q the South Svcamore Regional Storm Water Basin Project -- Kugler said the concern for this item was the number of archaeological sites in the area. He said that none of the sites are eligible for the national register. Kugler handed out nomination forms for Iowa's most endangered properties. He said the Park House Hotel at 103 East Jefferson Street should be renominated. Historic Preservation Commission Minutes September 9, 1997 Page 6 Shaw said he had not heard anything from Eleanor Steele about her willingness to nominate the Emma Harvatt House. He said he would call her and find out if she was still willing to do that. He said that he received a call from Phil Phillips the night before, who has agreed with Glen Erstein, to help put together a videotape about the Summit, it's history and how it ties in with the historic preservation movement and Friends of Historic Preservation. Shaw said he told Phillips that there should be some intellectual meshing somewhere in the tape, like Shaw making a three or four minute comment on how that area enhances the historic preservation movement throughout the City. Shaw said that Joni Kinsey is going to be out of town during the making of the tape, and she suggested Bob Miklo or another member of the Friends group would want to be a part of the taping session. Shaw said the tape will probably be broadcast on the Public Access channel. Kuenzli asked if the endangered buildings form should be submitted in the name of the Commission, or if individuals could nominate buildings. Kugler said that it could be done either way, or both ways. Kelly asked if the Butler House should be nominated. Shaw asked if had been on the list before. Kugler said no. Shaw said he did not think the Commission would be accomplishing anything positive by nominating the House because it is in a bureaucratic gridlock, but they could if they wanted to. He said the City has shown good faith to do something with the house. Kelly said the house is deteriorating significantly as we speak. Shaw said he spoke with people at SHPO and on City staff and tried to talk to people on the Army Corps. He said that he was told that the Commission could not get the authority to go in and button-up the project at this time. Kugler said that a draft of a memorandum of agreement that was sent by the City to the State about a month ago, and until an agreement is reached regarding the Butler House the City cannot safely proceed with anything. Kugler said the agreement will identify the Butler House site as one of the sites that are eligible for the national register, and that the City will go ahead with the stabilization plan, but SHPO will review those plans before the City proceeds. He said that City would make a good-faith effort for five years to either rehabilitate the building or get it to some preservation-minded group to rehabilitate it. After five years, it would not longer be the City's responsibility. Cairns asked if something would happen before winter. Kugler said it may actually be better to wait and do the work over the winter because there will not be concerns about installing a roadway back to the house and possibly damaging archaeological sites when the ground is frozen. He said that was the initial plan last winter, but things didn't work out. Kuenzii said that each endangered building form must have an attached photo of the nominated building. Kugler said that he had photos of the Park House Hotel and Shaw said he had photos of the Butler House to use. Shaw suggested the he and Kugler get together to nominate the Park House Hotel and the Butler House in the name of the Commission. Kugler said the he needs a resume of each new Commission member to send in to the state. If people do not have a resume, there is a form available to fill out. He asked members to attach a quick statement to the form or resume listing interests in historic preservation. ADJOURNMENT: MOTION: Widness moved to adjourn the meeting at 6:55 p.m. Kuenzli seconded the motion. The motion carried by a vote of 7-0. Minutes submitted by Traci Howard. ppdadmln/mlns/hpc-0909.doc MINUTES PARKS AND RECREATION COMMISSION SEPTEMBER 11, 1997 MEMBERS PRESENT: Barbara Endel, Ken Fearing, Judith Klink, Bruce Maurer, Matt Pacha, Rex Pruess, Allen Stroh, Kathy Wallace, Ross Wilburn STAFF PRESENT: Terry Trueblood, Marilyn Kriz The following corrections to the August 20 minutes were noted: under "Commission Time" on page 3, paragraph 3, it should state West High instead of City High; and under "Hickory Hill Park Trails" on page 2, paragraph 2, the comment regarding public education was attributable to Wilburn instead of Pruess. Moved by.W£!b~rn, seconded by E~e!, to approve the August 2.0, 1997 minutes.as amended. Unanimous. Moved ~y Wilburn, seconded by Stroh, to accept ~dication of neighborhood open space in,First and Roches%er Subdivision, parts 4-6, as.proposed by the developer. Unanimous. WEST HIGH SCHOOL SIDEWAL~ Klink distributed a draft of a letter to West High School commending it for designing and implementing the new front entrance sidewalk which will accommodate pedestrians and bicyclists. The new sidewalk is consistent with the commission's goal of developing a city-wide trail system. The commission agreed that the letter should be sent as written. FIRST AND ROCHESTER,. PARTS 4-6 Trueblood reviewed the preliminary plat and the proposed open space to be dedicated. Only .55 acres of open space is required to be dedicated for this development. Trueblood noted nothing will be done with the preliminary plat until the First Avenue extension issue is resolved. The developer submitted the plan so it may be reviewed and ready for acceptance once the issue is resolved. The open space proposed to be dedicated is 1o75 acres and runs southeast and south of the tract, which includes the floodway easement and stream corridor buffer. A trail could eventually be constructed, with Trueblood noting it would be a dead end trail but could loop around. He stated the Neighborhood Open Space Plan indicates that open space be provided within this district by creating a 7 acre central park along Ralston Creek, by creating a 3-4 acre park in the north part of the district, and by creating a trail along Ralston Creek, which this proposal would help meet. Trueblood indicated land to the east of this development would probably need to be purchased in order to meet the other two objectives. Wilburn questioned whether the time is appropriate to approach the adjacent property owners to indicate the city's interest in acquiring sufficient land to meet the other two objectives. Trueblood noted the need to prioritize what land the city would like to acquire. Stroh noted the pattern on developments and dedication of neighborhood open space by developers is areas along streams and floodway for dedication. He felt this was acceptable because these areas make good use of the land and good parkland. Moved by. Wil~grn, seconded by~ Stroh~ to ,accept dedication of neighborhood open space in First ~nd Roc~ester~Su~divisiQ~ part~,4-6, as proposed by the developer. u~animQ~s. MISCE,LLANEOUS UPDATES Trueblood updated the commission on the following: Turf, grass. Specialist. Position. Four candidates were interviewed and staff will be offering the position to one of these individuals. Dep&rtment Reorganization. Plans are to merge the Parks Division, Central Business Maintenance Division and the Forestry Division into one division, with one person being in charge° The reorganization will either cost less or very little more than the current budget. Staff is also investigating contracting some services; for example, the mowing along Highway 6. The reorganization plan may be completed prior to the commission's October meeting; information will be mailed out when available. ~apoleQn P.ark. The li9hts have been ordered, and will be delivered the first part of October. The Iowa City Girls Softball organization is planning a series of work days, and the project is moving along. With respect to the parking lot, it likely will not be constructed until after the Girls Softball season; a gravel parking lot may need to suffice for next season. Soccer C,o~ple~. The soccer season opened last weekend, with all 17 fields in use. There still is a lot of work to be done, but the turf is much more mature. The top two priorities for the Turfgrass Specialist will be the soccer complex and Napoleon Park. A tree sap solution was sprayed on the roads to help keep down the dust. Shoemaker-Haaland has been hired to prepare plans for future park development. Cemeter3 Exp,a.~ion. A new consultant has been hired to develop three conceptual plans and cost estimates as directed by Council ~ a 30 year plan that would allow for 30 years of additional lot sales; a 10-acre plan; and a plan utilizing most, if not all of the 40 acres (Gaulocher property) with a parkland/cemetery mixed use. The target date for completion is late October. 2 Some City Council members have been approached by Willa Dickens to determine if they would be interested in purchasing 16 acres abutting Hickory Hill Park. It appears the view is the city could purchase this land to replace parkland that may be utilized for cemetery purposes. Stroh stated it is a separate issue and should not be looked at in combination with the cemetery issue. PARK AND RECREATION FOUNDATION REPORT Pacha reported the fund raising campaign is going well, with projections being that the goal will be reached. He reviewed the costs to date associated with this campaign which have been borrowed from the Parkland Acquisition Fund. Wilburn asked if the commission would be supportive of exploring the possibility of including a youth as a non-voting member on the commission. He noted several organizations who have young people serving. He felt it would be valuable to have a youth's input, while providing a nice learning experience. Stroh and Pacha felt this was a good idea, and there were no objections. Wilburn stated he could work with the United Action for Youth volunteer coordinator to recruit youth who may be interested. Klink stated the need for an application process and determination of term length. Wilburn stated he would explore the matter further, with staff determining what needs to be done in order to accomplish same. Endel stated some of the participants in the department's Women's Volleyball League want to know why the lower competitive levels are placed at South East Junior High, while the higher competitive levels are placed at the Recreation Center. They would like to see rotation of the leagues so they can be at the Recreation Center part of the time. Trueblood stated he would follow up on this matter. Fearing asked if the lights at Mercer Park are automatic, noting one evening the softball lights were on with no one around, and the tennis court lights were not on with a number of people on the courts. Trueblood stated the tennis lights are on a timer, but the softball lights are only turned on when there are games or practices. Staff will follow up. Wallace shared comments she heard regarding the shared facility use arrangement made between the Coralville Parks and Recreation Department and its School District. She noted people are thinking about cooperatively using facilities. Stroh referred to the City Manager's memo to Department Directors and other city personnel regarding comprehensively planning for use of the water plant site. He asked staff to be open minded about the possibilities, suggesting a golf course and cemetery. Pruess referred to the letter from Senator Grassley regarding ISTEA, noting it appeared the Senator was not supportive of the Act. Pruess noted ISTEA has been instrumental in trail development in this area. He also stated he was pleased to see that the City Council approved the Iowa River Corridor Trail from Burlington Street to Napoleon Park, and federal money in action. He commended the City Council for moving forward with the entire project. Pruess also expressed appreciation to Klink for drafting the letter to West High School. DIRECTOR"$ REPORT Trueblood reported on the following: First Avenue Extension. Staff has a plat showing the proposed route which is available for the commission to view° Hickory Hill Trails Plan. Concern has been possibility of an asphalt trail through the park. this is only a conceptual plan at this time. expressed about the Staff emphasized that Moved by Fearing, seconded by Pruess, to adjourn. adjourned at 6:25 p.m. The meeting was MINUTES PLANNING & ZONING COMMISSION OCTOBER 2, 1997 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS Subject to Approva! MEMBERS PRESENT: Ann Bovbjerg, Benjamin Chait, Pam Ehrhardt, Dick Gibson, Phil Shive, George Starr, Lea Supple MEMBERS ABSENT: None STAFF PRESENT: Scott Kugler, Bob Miklo, Sarah Holecek, Anne Schulte OTHERS PRESENT: Robert P. Burns, Richard Cary RECOMMENDATIONS TO COUNCIL: Recommended approval, by a vote of 7-0, of REZ97-0004, a request to rezone approximately 0.87 acres of property located on the east side of Westside Drive and south of Earl Road, from Low Density Multi-Family, RM-12, to Office Commercial, CO-1, and from Intensive Commercial, C1-1, to Office Commercial, CO-1, subject to a Conditional Zoning Agreement including the following conditions: 1) All exterior walls shall be masonry, which may include fired brick, stone or similar material. Alternative building materials, such as architectural metals or materials used for decorative treatment, may be substituted with approval from the Director of Planning and Community Development; 2) Loading docks and receiving areas, garbage dumpsters and mechanical equipment shall not be located to the west or north of any building proposed on this property, and shall be screened from view of any surrounding property with landscaping or a combination of landscaping and fencing; 3) No parking shall be located to the north of a building located on this property; 4) All outdoor lighting shall be downcast, and there shall be no direct illumination of any property in a residential zone. Indirect illumination shall not exceed one and one half foot candles at lot lines in any residential zone; 5)One monument sign shall be permitted in the front yard. No other signs shall be permitted visible from a residential property. All signs normally permitted in the CO-1 zone shall be permitted on the southern and eastern faces of the building; 6) No more than one row of parking shall be permitted on the west side of the building. There shall be a 25-foot setback from West Side Drive, which shall contain a landscaped berm shielding any parking area on the west side of the building, similar to a concept plan submitted to the Department of Planning and Community Development on September 5, 1997. No parking or paving other than sidewalks shall be allowed within this 25- foot setback. Recommended approval, by a vote of 7-0, of ANN97-0002, a request to annex 2.81 acres of property located southeast of the intersection of Iowa Highway One and Naples Avenue. Recommended approval, by a vote of 7-0, of REZ97-0014, a request to rezone 2.81 acres of property located southeast of the intersection of Iowa Highway One and Naples Avenue from County CP-1, Planned Commercial, to C1-1, Intensive Commercial, subject to a Conditional Zoning Agreement including the following conditions: 1) No outdoor storage of merchandise or materials shall occur within 100 feet of the Highway 1 right-of-way. Outdoor storage areas located beyond 100 feet of the Highway 1 right-of-way shall be screened with a solid wall at least six feet in height, and a planted landscaped bed a minimum of 15 feet in width shall be located adjacent to the wall; 2) Loading docks and receiving areas shall not be located on any wall facing Highway 1. Loading docks which are visible from Highway 1 must be screened from view; 3) The periphery of all parking areas shall have planted landscaped beds at least 15 feet in width; 4) No more than one freestanding sign shall be permitted on the property; 5) Landscaped beds a minimum of 5 feet in width shall be provided along at least 25% of front building elevations, and shall be planted with a variety of evergreen and deciduous shrubbery; 6) No direct access to Iowa Highway 1 shall be permitted. Only one access to Naples Avenue Planning & Zoning Commission Minutes October 2, 1997 - 7:30 P.M. Page 2 shall be permitted, at least 150 feet from the Highway 1 right-of-way; 7) A development concept plan and building elevations shall be submitted to the Department of Planning and' Community Development prior to development. The Director of Planning and Community Development shall approve the concept plan and building design based on the criteria listed above. Decisions of the Director may be appealed to the City Council upon recommendation of the Planning and Zoning Commission. CALL TO ORDER: Chairperson Starr called the meeting to order at 7:37 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. ANNOUNCEMENT OF VACANCIES ON CITY BOARD AND COMMISSIONS: Starr announced one vacancy on the Design Review Board for a business or professional person from the central business district for a term expiring January 1, 1999. He said there were two vacancies for the Board of Appeals for five-year terms ending December 1, 2002. Starr said there were three vacancies on the Senior Center Board and a vacancy for a licensed plumber on the Board of Appeals. He said the appointments would be made at the November 4, 1997 meeting of the City Council. REZONING ITEM: REZ97-0004. Public discussion of an application submitted by Smith-Moreland Properties to rezone 0.87 acres from RM-12, Low Density Multi-Family Residential & C1-1, Intensive Commercial to CO-1, Commercial Office located on the east side of West Side Drive and south of Earl Road (45-day limitation period expires October 12, 1997). Miklo said staff recommends approval of this rezoning subject to the seven conditions outlined as items A through F in the staff report. He added that the conditions deal with building and site design, location of loading docks, limiting parking in the front yard, specifying that outdoor lighting be downcast, limiting signage in the front yard, and landscaping. Public discussion: There was none. Public discussion closed. MOTION: Shive moved to recommend approval of REZ97-0004, a request to rezone approximately 0.87 acres of property from Low Density Multi-Family, RM-12, to Office Commercial, CO-1, and from Intensive Commercial, C1-1, to Office Commercial, CO-1, subject to a Conditional Zoning Agreement including the following conditions: 1) All exterior walls shall be masonry, which may include fired brick, stone or similar material. Alternative building materials, such as architectural metals or materials used for decorative treatment, may be substituted with approval from the Director of Planning and Community Development; 2) Loading docks and receiving areas, garbage dumpsters and mechanical equipment shall not be located to the west or north of any building proposed on this property, and shall be screened from view of any surrounding property with landscaping or a combination of landscaping and fencing; 3) No parking Planning & Zoning Commission Minutes October 2, 1997 - 7:30 P.M. Page 3 shall be located to the north of a building located on this property; 4) All outdoor lighting shall be downcast, and there shall be no direct illumination of any property in a residential zone. Indirect illumination shall not exceed one and one half foot candles at lot lines in any residential zone; 5) One monument sign shall be permitted in the front yard. No other signs shall be permitted visible from a residential property. All signs normally permitted in the CO-1 zone shall be permitted on the southern and eastern faces of the building; 6) No more than one row of parking shall be permitted on the west side of the building. There shall be a 25-foot setback from West Side Drive, which shall contain a landscaped berm shielding any parking area on the west side of the building, similar to a concept plan submitted to the Department of Planning and Community Development on September 5, 1997. No parking or paving other than sidewalks shall be allowed within this 25-foot setback. Supple seconded the motion. The motion carried on a vote of 7-0. REZONING/ANNEXATION ITEM: REZ97-0014 & ANN97-0002. Public discussion of an application submitted by Randy M. Miller to annex Lot 5, Scott's Second Addition and to rezone the 2.81 acre property from CP-1, Planned Commercial (Johnson County) to C1-1, Intensive Commercial, located at the southeast corner of Highway 1 and Naples Avenue. (45-day limitation period expires October 12, 1997) Miklo said staff recommends approval of this annexation and the rezoning of the 2.81 acres subject to the conditions in the staff report pertaining to outdoor storage, loading docks, landscaping, signs, and access to Highway One and Naples Avenue. Public discussion: There was none. Public discussion closed. MOTION: Gibson moved to recommend approval of ANN97-0002, a request to annex 2.81 acres of property located southeast of the intersection of Iowa Highway One and Naples Avenue. Bovbjerg seconded the motion. The motion carried on a vote of 7-0. MOTION: Gibson moved to recommend approval of REZ97-0014, a request to rezone 2.81 acres of property located southeast of the intersection of Iowa Highway One and Naples Avenue from County CP-1, Planned Commercial, to C1-1, Intensive Commercial, subject to a Conditional Zoning Agreement including the following conditions: 1) No outdoor storage of merchandise or materials shall occur within 100 feet of the Highway 1 right-of-way. Outdoor storage areas located beyond 100 feet of the Highway 1 right-of- way shall be screened with a solid wall at least six feet in height, and a planted landscaped bed a minimum of 15 feet in width shall be located adjacent to the wall; 2) Loading docks and receiving areas shall not be located on any wall facing Highway 1. Loading docks which are visible from Highway I must be screened from view; 3) The periphery of all parking areas shall have planted landscaped beds at least 15 feet in width; 4) No more than one freestanding sign shall be permitted on the property; 5) Landscaped beds a minimum of 5 feet in width shall be provided along at least 25% of front building elevations, and shall be planted with a variety of evergreen and deciduous shrubbery; 6) No direct access to Iowa Highway 1 shall be permitted. Only one access to Naples Avenue shall be permitted, at least 150 feet from the Highway 1 right-of-way; 7) A development concept plan and building elevations shall be submitted to the Department of Planning and Community Development prior to development. The Director of Planning Planning & Zoning Commission Minutes October 2, 1997 - 7:30 P,M. Page 4 and Community Development shall approve the concept plan and building design based on the criteria listed above. Decisions of the Director may be appealed to the City Council upon recommendation of the Planning and Zoning Commission. Bovbjerg seconded the motion. The motion carried on a vote of 7-0. REZONING/DEVELOPMENT ITEM: REZ97-0016. Public discussion of revised plans relative to an application submitted by Iowa City IHA Senior Housing Limited Partnership to amend the approved Sensitive Areas Development Plan for Walden Hills to allow the development of a 120-unit elder housing facility on Lot 53, containing 8.66 acres and located within the OSA-8, Sensitive Areas Overlay Zone at the northeast corner of Rohret Road and Shannon Drive. (45-day limitation period expires October 12, 1997) Kugler said this application is to amend a previously approved Sensitive Areas Development Plan for the Walden Hills property. He stated that this lot was included within the earlier rezoning and subdivision of Walden Hills, but there was no detailed plan offered at that time. Kugler said it was included at that time to allow density to be transferred from the eastern to the western and northwest portions of the site. He added that it was made specifically clear in the staff reports, the minutes of the meetings, and the Conditional Zoning Agreement that although there was a cap of 120 dwelling units established for the lot, no specific number of units was granted at that time. Kugler said the decision regarding the number of units was being delayed until a future rezoning application was submitted and the compatibility of the proposed building with the rest of the neighborhood could be reviewed. Kugler stated that although 120 dwelling units on this site equals a density of about 13.9 dwelling units per acre, the density for the overall development would be approximately 7.2 dwelling units per acre. He added that this does fall within the requirements of the OSA-8 zone. Kugler said issues such as street layout, circulation, access, and infrastructure were all reviewed during the previous rezoning application. He said staff feels the key issue is compatibility - whether this proposed development fits with the neighborhood that exists there now and that will be developing around it. Kugler said the applicant has submitted two plans, both indicating that 120 dwelling units are being proposed and both indicating a building of three relatively equal-sized building wings. He said the applicant requested that both plans be discussed, although Plan B is the one being proposed for approval. Kugler showed an overhead of Plan A and said staff had a number of concerns relating to the scale of the building in relation to the rest of the neighborhood planned for development. He said it contained fairly long building wings with very little building articulation to help the building be more compatible with the neighborhood scale. Kugler said staff felt it was very institutional in appearance and added there was an issue with the building height at the north end where it would be an approximately five-story building. Kugler said staff made suggestions to the applicant at that time including: constructing more than one building, stepping the building down the hillside to reduce the height, examine making the upper floor of the building a half story with dormers, which would reduce the height and add articulation, and look at ways to provide more building articulation or relief in the facade. Kugler said the applicant submitted Plan B in response to staff's suggestions. He said some of the concerns were addressed. Kugler said the building setback from Shannon Drive was increased and the building does step down the hillside so the height is reduced somewhat. Planning & Zoning Commission Minutes October 2, 1997 - 7:30 P.M. Page 5 Kugler said the larger concerns such as the scale of the building, the compatibility of the development in relation to the surrounding neighborhood, and the institutional appearance of the building were not adequately addressed in the new plan. Kugler added that the impact on the adjacent lots along Shannon Drive is somewhat mitigated by the fact that most of these lots will face side streets rather than Shannon Drive, although Lots 1-4 will face out toward this development. He said, however, that this is still the main entrance to and from this subdivision, and most of the neighborhood is at a lower elevation so that the.building will seem to loom above the rest of the neighborhood. Kugler said the new arrangement of the building would create a longer building facade and an even more institutional-type appearance. He said the overall interior fa~;ade totals approximately 620 feet from one end of the building to the other. Kugler said there will be more parking presented to the neighborhood with Plan B. He said the parking lot will be closer to Shannon Drive and will be larger. Kugler said staff feels there could be more modulation and variation in the building facade to reduce the visual scale of the building and help it blend in better with the neighborhood. He said although there are some buildings planned for the neighborhood that are larger than single- family homes, those buildings indicate they will have some modulation to help them blend better with the neighborhood. Kugler stated that based on designs presented to this point, it appears that 120 dwelling units cannot be located on this property in a way that is compatible with the surrounding neighborhood. He said staff's recommendation could possibly change if there are some major revisions to the building design. Kugler said the review of the technical requirements of the plan in terms of the zoning code and compliance with the subdivision plat and the earlier rezoning is ongoing. Kugler cited a letter from the one of the developers, Bill Happel, lending support to what is being proposed by the applicant. He said staff recommends denial of REZ97-0016. Ehrhardt asked about the parking requirements. Kugler said the requirement for elder housing is one parking space per unit. He said if this were an apartment building, parking requirements would be based on the number of bedrooms, with one parking space required for every one- bedroom apartment and two parking spaces required for every two-bedroom apartment. Kugler said the parking requirements would therefore be higher if this were an apartment building. He said there is a possibility of underground parking. Gibson asked if the applicant put in additional parking spaces, if the building could be used for something besides elderly housing. Ehrhardt asked how the parking requirement is enforced. Kugler said if the use changes, the owner would have to procure a certificate of occupancy, and if the parking was not sufficient, the use could not be converted or the inadequacy of parking would have to be addressed in another way, either by adding more spaces or by applying for a special exception. Gibson asked if this lot would have to be rezoned to be changed from elder housing. Kugler said it would not have to be rezoned, unless the Commission specifically attached a covenant or, through a Conditional Zoning Agreement, placed a condition on it that this rezoning is approving only the use of elder housing on this site. Holecek said any conditions the Commission imposes have to be directly related to the impact caused by the particular use, which in this case is elder housing. She said it is not the type of people one is looking at, but is a definition in the zoning code called elder housing and differences along with that definition are recognized, e.g. parking requirements. Gibson asked if the land would stay OSA-8, and Kugler said that was correct - that this is basically an amendment of the development plan that was approved earlier. Gibson asked what the sensitive areas were on this site. Kugler said most of the sensitive areas on the site that necessitated the earlier Sensitive Areas Development Plan are located off Planning & Zoning Commission Minutes October 2, 1997 - 7:30 P.M. Page 6 Lot 53. He said this application is basically amending that plan. Gibson asked where the 120 dwelling units figure came from. Kugler responded that when the initial decision was made to allow the density to be transferred, there was no way to review what 120 dwelling units would look like on this property, because a plan was not offered at that point. He said the City agreed to approve the density transfer, but was unwilling to approve a specific number of dwelling units until a plan was presented. Gibson said the Commission is really reviewing the density allowance of the entire site, because 120 is a residual calculation based on the entire area. Holecek said there was no guarantee that the maximum residual would be able to be used. She said one of the .major underpinnings for the decision would be neighborhood compatibility and how the project is in scale with the area for development that has already been approved. Chait said he thought the Commission did not have a problem with 120 units but rather with the proposed configuration of 120 units. He said a different design of 120 units maximum could probably be fine. Kugler said it is important to note that 120 units is not just a residual number. He said if it was simply an effort to achieve eight units per acre, the figure would be higher. Kugler said that number was specifically submitted by the applicant and was placed on the plan with the provision that the number was not guaranteed. Bovbjerg said she had the impression that this particular piece of land would come in with a maximum, but knowing that the actual construction number depends on the plan that is submitted. She said the 120 or less was decided on in the CZA, so it is very important that the ceiling be there and that the plan be configured in a way in which the Commission feels would be compatible with the neighborhood. Kugler said that just because something is zoned PDH or OSA-8 does not mean the applicant is guaranteed eight dwelling units per acre. He said it might be that something higher than five dwelling units per acre, but less than eight would be the density that the Commission and City Council would feel is appropriate for such a site. Kugler said the 120 figure was presented by an applicant who wished to construct a building that large on the site. He said if the figure was truly a residual one, it would be closer to 160 or 180 dwelling units. Bovbjerg said Plan A proposes a sound and landscaped buffer for the roadway. She asked if Plan B proposes the same relationship to the roadway and to the elevation of the building and the way the sound would be deflected. Kugler said he did not know what the sound would do. He said the indication on the plan is that the sound is going over the building, but he suspected that would not be the case will be. Kugler said the building proposed for plan B is actually a bit farther from the highway than Plan A. Bovbjerg said parts of the highway are the same distance from Shannon Drive and from the Highway in both plans. She said she did not see on the contours or cross-sections a significant berm or significant cutting down to allow this building to be depressed from the highway. Kugler said it was suggested to the applicant that he consider some type of soundproofing there. He said the trees were required to help address that problem, although they will not block all highway noise. He said the paved roadway is quite a distance from the actual right-of-way line, with about 200 feet from the roadway edge to the building. Ehrhardt asked if there were a building comparable in size in Iowa City. Kugler discussed the retirement center at the corner of Mormon Trek and Walden that has a facade that approaches 300 feet, as well as the apartment building at the corner of Gilbert Street and College Street, and how those buildings would compare in size. Bovbjerg asked for the approximate distance between two City blocks, e.g. Iowa Avenue and Jefferson Street. Kugler said it would be about 320 feet from one right-of-way to the other. Robert P. Burns, 319 East Washington Street, said he is the general partner in the limited partnership and the architect for this project. Burns said in answer to Commission questions, Planning & Zoning Commission Minutes October 2, 1997 - 7:30 P.M. Page 7 that all the levels, including the lower level, would be handicapped accessible. He said they are designating the building as elder housing and there will be deed restrictions that will restrict its use to elder housing. Burns presented a mission statement reading, "Our mission with this project is to design, build, operate, and manage 120 dwelling units for elderly persons and persons with disabilities that are available at local fair market rents, $380 per month for a one-bedroom unit and $485 per month for a two-bedroom unit. Forty-eight dwelling units will be available to persons with incomes at or below 50% of median income and 72 dwelling units will be available to persons with incomes at or below 60% of median income." Burns showed figures relating to median income on a chart. Gibson asked if median income levels are calculated the same way for the elderly and for the general population. Burns replied that was correct. Bovbjerg asked what geographical area the figures represented. Burns said the figures were for Johnson County. Burns said that Plan B would consist of three wings that would be connected because residents have indicated they would prefer it that way. He said residents would prefer not to go outside to access common areas. Burns showed overheads of the various levels and how they interconnected in the three wings. He said the building would contain two elevators, which would be more than sufficient according to statistics. Burns indicated that level C would be common to all three wings. Gibson asked if the living arrangement would provide regular food service. Burns said a meal plan would be optional but would be available to residents who need it. He said this would be an independent living arrangement. Burns said the total square footage of the building would be 149,581 square feet. He said the face of the building does include some articulation. Burns showed the front, rear, and side elevations of the building and discussed the roof height from grade. He said the roof height at the front elevation from grade to the midpoint between the eave and ridgeline was less than 35 feet in all places, which is what the Zoning Ordinance requires. Burns said the same is true for the rear elevations. He said the roof height of the south side elevation is 32 feet, 6 inches and at the north is 41 feet, 8 inches, primarily because of the garage. Burns said he felt this height should be acceptable in this small area for such a large building. Miklo asked if the height of the rear elevation was measured from the raised platforms or from the existing grade. Burns was not sure. Miklo said this was different than the plans submitted to staff. Burns discussed the retaining wall. Kugler asked if the wall would extend along the full elevation. Burns said he would not make the retaining wall extend any farther than he had to. Gibson asked how the grade would work in the center section. He said the inside courtyard would have quite a slope and asked how it would be developed. Gibson said the parking lot would be on a hillside. Kugler said Public Works has examined the parking lot slope and determined it to be a reasonable grade. Burns said the parking lot itself would not be steep, but the grade between Shannon Drive and the parking lot might be steep. Kugler said there will be an elevation change in the parking lot equal to two stories, but given the distance that it runs, Public Works feels the grade will not be excessive for a parking lot. Burns discussed the compatibility of the proposed building with the neighborhood. He showed slides of the neighborhood and also slides of Walden Place, a congregate housing property on the corner of Mormon Trek and Walden Road. He said Walden Place is in a neighborhood with a variety of housing types such as townhouses, duplex, four-plex, and single-family, just as the proposed building would be. Burns distributed a comparison of planning characteristics comparing the proposed Lot 53 building and Walden Place. He said Walden Place has 104 Planning & Zoning Commission Minutes October 2, 1997 - 7:30 P.M. Page 8 dwelling units, as compared to 120 for the proposed building. Burns compared the site area, building footprint, open space, number of parking spaces, and dimensions of both buildings and lots. He said Walden Place received a special exception from the Board of Adjustment to reduce the number of parking spaces. Burns said that, excluding the underground parking, the square footage of his building would be about 134,000 square feet. He said Walden Place contains approximately 111,000 square feet, but it is an entirely different living arrangement in that many of the units are very small and do not have full kitchens. Burns said he is trying to show the compatibility of his building with the neighborhood by pointing out another building in the neighborhood that is very similar. Burns said the current plan for the proposed building contained 68 two-bedroom units. He stated that now that the market study has been done, they would be reducing the number of two-bedroom units in the building by 48 for a total of 20 two-bedroom units. Burns showed footprints of what the reduced building size would look like and said it would save 162 lineal feet of exterior wall and therefore 81 feet of building length. Burns said he was asking the Commission for direction as to where the project needs to head, especially regarding the number of units and the number of buildings. He showed a profile of Plan B as well as one for the plan with the reduction in two-bedroom units. Burns said, regarding the concerns about building height, he has checked the grades and has calculated that he can grade all around the building and have slopes that are less than or equal to one in three, or 33%. Burns said he preferred Plan B partly because it would be farther from Shannon Drive and a little farther from Highway 218. Supple asked if there would be any way to put some of the parking in the back with Plan B. Burns said he could, but he was planning to keep everything to the north strictly pedestrian. He said there was a pond back there and trails around the pond edge. Burns showed Plan A with some new revisions. Miklo asked if these were different than the Plan A that staff had previously received. Burns said they were new, and he would submit them to staff. Gibson asked if all three floors were level throughout the length of the building with Plan A. Burns said that was correct. Burns said the building is essentially not too different from what is already in place at Walden Place and is therefore compatible with the neighborhood. Ehrhardt said that Walden Place is broken up, but the proposed building has no architectural features and is just plain. Burns said they could add amenities, but they are trying to build affordable housing. He said Walden Place has a different type of budget. Burns submitted a letter dated November 13, 1996 from the mayor of Iowa City to a former developer regarding the project that included the 120-unit figure. Bovbjerg said the letter did not guarantee any number or design, but rather says the City would be willing to work with the developer. Holecek stated that the letter was basically an invitation for an application and was not binding. She said what is really binding is the Conditional Zoning Agreement for the property that states the same thing - that the City will work with a developer on the merits of a project. Burns submitted letters regarding applications for funding for the previous application for building on the site. Burns said he is looking for direction and opinions regarding the proposed building, including the number of buildings and dwelling units. He said they could be somewhat flexible. Burns added that he felt he had made a case for compatibility with the neighborhood. Miklo stated that Walden Place is zoned PDH-12 versus the eight of this particular property. Gibson said it seems there has already been some slippage in that regard when the City allowed the transfer of density. Planning & Zoning Commission Minutes October 2, 1997 - 7:30 P.M. Page 9 Public discussion: Richard T. C.ary, 2416 Walden Court, said he was the spokesperson for the Walden Court Condo Association, a 26-unit duplex condo on the corner of Mormon Trek and Rohret Road. He said it is directly south of Walden Place. Cary said Burns has greatly distorted many of the issues concerning Walden Place. Cary said his complex has five units per acre, and they are one-story duplexes. He said half the residents are senior citizens, and half have limited income. He said the members have expressed grave concern over the scale of the proposed complex, the height of the building, and density problems in a neighborhood that is already experiencing extreme density problems. Cary said Burns has tried to express the issue as low cost housing for the elderly, but those are not the real issues. Cary said, as evidenced by his building, there are many alternatives that would actually be better, for example, to help people buy some of the 500 units that will soon be on the market, e.g. Mormon Trek Village and Walden Hills Condos. Cary said he watched the Walden Hills discussion on TV the previous year. He said many people at that meeting brought up this senior citizen proposal and were shot down and were told it was not part of the whole so they could not address it. Cary said this really is part of the entire overall plan, and things should not be addressed in isolation. He said if the plans had been shown at that time, the neighbors would have expressed grave concern. Cary said he had problems with what the building would look like. He said the visual impact of the building would be tremendous. He asked the Commission to compare the building with the units presently there, many of which are single-story or two-story. Cary said much of it would have the actual visual impact of four stories, because of the way it is being built. He said City staff decided Walden Place was acceptable, because the way it is built into the hill makes it present to the south as two stories. Cary said the other side of the building has three stories but faces the Walden Ridge Apartments, which also have three stories of visual impact. Cary said the increased density would exacerbate the already existing problems in the neighborhood. He said traffic is backed up on Saturday morning up to one quarter mile on Mormon Trek near Chezik-Sayers Honda. Cary added that there are still 500 units to come on line in the area. Cary said he calculated that 2,000 high density units have been added since he moved into the area in 1988. Cary said his association would prefer that the units be detached and that the buildings be two stories high. Bovbjerg asked Cary about the Walden Hills discussion he watched on TV. He said it had been a City Council meeting. Starr added that the Commission did not have a plan for Lot 53 at any point previous to this meeting. Public discussion closed. MOTION: Bovbjerg moved to defer to the Planning and Zoning Commission meeting of October 16, 1997, REZ97-0016, an application submitted by Iowa City IHA Senior Housing Limited Partnership to amend the approved Sensitive Areas Development Plan for Walden Hills to allow the development of a 120-unit elderly housing facility on Lot 53, containing 8.66 acres and located within the OSA-8, Sensitive Areas Overlay Zone at the northeast corner of Rohret Road and Shannon Drive. Shive seconded the motion. Bovbjerg said regarding the direction requested by Burns, that she felt this was too much in density, scale, and size, as well as in paving and in plainness. She said it is an impression as Planning & Zoning Commission Minutes October 2, 1997 - 7:30 P.M. Page 10 well as reality.' Bovbjerg said she realizes economics are involved, but the Commission is examining how this land should be used. She said she thought this bulk in this neighborhood would not be in keeping with the rest of the neighborhood unless there was a very large area of green space and lots of distance. Bovbjerg said she sees one of the Commission's roles as being "the neighborhood," as each one living across the street on Shannon Drive will be. She said it is an important way to look at this. Bovbjerg said there are a lot of elderly people who want housing here, and she would like to see it provided in another configuration. Supple said she did not object to having 120 dwelling units on the site. She said the density could possibly, even probably, be acceptable to her. She said there is something so "in your face" about the Parking and the building. Supple said if it were a different shape so that it could be two stories high, it would be preferable. She said it is very plain and very big, and the two factors together are not acceptable. Gibson said he agreed with Supple that if the building is going to be this large, it has to have more architectural features. He added that there is a big difference between this building and Walden Place. Gibson said Walden Place is a nice looking building and while it may be jammed on the site, the developers took great care in how they put it there. He said it has articulated balconies and open patios, making it a very attractive building. Gibson said the price to be paid to get 120 units in the building would be to spend more money on the architecture of the building, in his opinion. Gibson said the air conditioning units are atrocious looking. He said they need to be integrated into the facade of the building, possibly with trim or sizing them to the windows, but preferably as illustrated on the example provided. Gibson said he actually prefers Plan A over Plan B. He said it handles the parking far better and has less appearance of bulk. He said folding the building in and turning it somewhat would have far less impact on the neighborhood. Gibson said he thought Plan A has much less exposure to Highway 218 in terms of negative impact of the highway on the building. He said he could probably be persuaded to go along with 120 units, but they would have to sit better on the site or the number will have to be reduced. Chait said he did' not necessarily disagree with any of the previous comments, but felt the Commission has not looked at what is being provided. He said the scale may be very large, but looking at the density on the property, the square footage, and the amenities, having density like this on the highway is probably more acceptable than having single-family homes on the highway. Chair said the whole parcel was designed with this shifted density in mind. Chait said the developers have done their market study and know what they are trying to do. He said there is a difference between this proposal and Walden Place in terms of the cost and the amenities that are provided. Chair said he is a proponent of good architecture. He said these units are very small and affordable and that is the niche in the market the developers are going after. Chair said for the Commission to hold this project to the standard of Walden Place for these kinds of rents and housing may not be reasonable. He said if the market study indicates there is a demand for this, then it might not be the Commission's place to judge that. Chair said he did not necessarily like the architecture, but likes what it does in terms of satisfying what appears to be there for this particular project. He agreed the Commission needs to consider the open space and the amenities, but in terms of the parking lot, the City has strict requirements. Chair said with 120 parking spaces, there would be lots of landscaping involved with the parking lot. Planning & Zoning Commission Minutes October 2, 1997 - 7:30 P.M. Page 11 Starr said there has long been a need for affordable housing of this type in the community. He said he understood the need to lose the "in your face" perception of this type of structure. Starr said he is not the expert to say that something better cannot be done while still keeping the cost affordable. He said he believes it could be done and would like to see it done, but is not an expert in that regard. Starr said he does not have a problem with 120 units there. He said it was a toss-up to him between the different plans that were proposed. Starr said he hoped the affordability of the housing could be maintained. Chait said there were some changes in the bulk and volume presented by Burns at this meeting. He said just the one side over the one garage door keeps the appearance of bulk, and he would like staff to have an opportunity to revisit the analysis in light of the changes. Supple said she agreed with Burns' argument in regard to having a single building. She said it makes a lot of sense for the tenants to have the three wings of the building attached. The motion carried on a vote of 7-0. CONSIDERATION OF THE SEPTEMBER 18, 1997 PLANNING AND ZONING COMMISSION MINUTES: MOTION: Shive moved to approve the minutes of the September 18, 1997 Planning and Zoning Commission meeting as amended at the informal meeting. Bovbjerg seconded the motion. The motion carried on a vote of 7-0. OTHER BUSINESS: Miklo said the City has a consultant coming in to look at the Peninsula to do a concept plan as to how it could be developed, using the Comprehensive Plan as a guideline. He said the consultant's name is Victor Dover, and this is tentatively scheduled for October 23 and 24. Miklo said there would be a lecture and a visit to the Peninsula site. ADJOURNMENT: The meeting was adjourned at 9:39 p.m. Lea Supple, Secretary Minutes submitted by Anne Schulte. ppdadmin/mins/p&z-1002.doc POLICE CITIZEN REVIEW BOARD OCTOBER 2, 1997 - 6:00 P.M. LOBBY CONFERENCE ROOM MINUTES CALL TO ORDER Temporary Chair P. Hoffey called the meeting to order at 6:00 P.M. ATTENDANCE All Board members were present: J. Watson, M. Raymond, P. Farrant, L. Cohen and P. Hoffey. Staff present: D. Russell, M. Karr and S. Bauer. LEGAL COUNSEL Motion by M. Raymond to appoint and approve Douglas Russell as legal counsel to the PCRB; seconded by P. Farrant. Motion carded unanimously, 5/0, all members present. Mr. Ruisell was welcomed. lVlINUTES Motion by J. Watson and seconded by L. Cohen that the minutes of September 19 be approved; motion carded unanimously, 5/0, all members present. RECOMMENDATION TO COUNCIL: The PCRB recommends that Council grant it a 45,day extension of time to respond to Complaint No. 97-01. CORRESPONDENCE: Motion by J. Watson and seconded by P. Farrant that correspondence from Sandra Gilpin and Phih'p Reisetter be accepted. After discussion, it was agreed that henceforth minutes and correspondence shall be presented in the agenda as "Consent Calendar." Motion carried unanimously, 5/0, all members present. OPEN MEETINGS OPEN RECORDS Attorney Doug Russell gave an overview of the open meetings and open records laws. Staff was directed to provide a copy of Chapter 21 and 22 of the Code to each board member. It was suggested by counsel that the Board should decide if it wants to keep taped minutes beyond one year. It was also suggested the Board should formulate and publish some rules of conduct for spectators and the media attending meetings. PCRB Minutes - 10/2/97 Page 2 With respect to open records, counsel advised that the Board needs to name and publicly announce the identity of the lawful custodian of the records and make it a part of the Board's Rt/les and Procedures. Counsel will do further research on whether the Police Chief's Report could be considered an investigative report. CONFLICT OF INTEREST Conflict of interest is defined by the Supreme Court as a potential private advantage, financial or otherwise. If a conflict exists, one needs to state what it is in the meeting, leave the meeting before the discussion begins, and return only after the vote is taken. Counsel will clarify the issue as to whether the State conflict of interest law applies to city officials on volunteer boards. BYLAWS The Board voiced a desire to finn up bylaws and rules of procedure as quickly as possible so as to move forward on Complaints and Police Department policies, rules and procedures. A discussion of the draft bylaws followed. Direction was given to amend the draft bylaws to reflect: Article HI, Section 7: Resignations. Resignations shall be submitted in writing to the Mayor with a copy to the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended departure. Article IV, Section 1: Delete" Secretary." Article IV, Section 6: Delete entire section. Article V, Section 1: Regular Meetings. At least one monthly meeting shall be held with special meetings as needed. Article V, Section 2: Delete entire section.' Article V, Section 4: All meetings shall be held in a City accessible facility. Article V, Section 9: At the direction of the Board, counsel will provide language effecting a need for a regular procedure for reporting exparte contacts. PCRB Minutes - 10/2/97 Page 3 Article V, Section 11: Voting. A majority is required to pass any motion or election, except for closed sessions as provided for in Chapter 21 of the Iowa Code. Article VI. General and Limited Powers and Duties: Delete entire article, keeping only a reference to the powers and duties set forth in Section 8 of Ordinance 97-3792. Article VH, Section l(b): The minutes and tape recordings of any session closed under the provisions of Iowa Code shall be closed records. The Board requested staff to make above changes and submit the new draft bylaws and put it on for a vote at the next meeting. COMPLAINT In discussing the timeline for the first Complaint, it was determined the Board needs to make a formal request to City Council for a 45- day extension of time. Reasons for such request would include: the Board has only just retained legal counsel; the Board has not yet adopted bylaws the Board has not yet adopted procedural rules the Board only just received a copy of Complaint 97-1 and the Chief's Report. Staff was directed to provide Board members with a copy of Police policies and procedures specific to this case. Members also requested a Police Department representative be available in the Police Department should there be any questions from the Board at their next meeting. When processing the Complaint, counsel suggests using the procedural rules in the statute that are standard, fair and predictable; follow the bylaws agreed upon; and, write up supplementary procedural rules and make them part of the meeting record so the process is fair. Counsel was directed to follow up with City Attorney on questions concerning the Ordinance. Discussion followed regarding level of investigation for review. Motionby J.Watson and seconded by P. Hoffey that the Board review Complaint 97-1 at level "e" for additional investigation. Discussion continued. Motion carded unanimously, 5/0, all members present. PCRB Minutes - 10/2/97 Page 4 MEETING DATES ADJOURNMENT Next meeting dates are scheduled for Wednesday, October 8, 1997 from 6:30 to 8:30 a.m. and Friday, October 10,1997 from 4:00 to 6:00 p.m. Motion for adjournment by M. Raymond, .seconded by L. Cohen. Motion unanimously carded, 5/0, all members present. Meeting adjourned 8:50 p.m. POLICE CITIZEN REVIEW BOARD OCTOBER 8, 1997 - 6:30 A.M. LOBBY CONFERENCE ROOM MINUTES CALL TO ORDER Temporary Chair Paul Hoffey called the meeting to order at 6:30 A.M. ATTENDANCE All Board members were present: J. Watson, M. Raymond, P. Farrant, L. Cohen and P. Hoffey. Staff present: D. Russell, M. Karr and S. Bauer. MINUTES Motion by J. Watson, seconded by L. Cohen that the Consent Calendar be adopted. Discussion followed. Minutes of the October 2, 1997 meeting are amended to reflect further discussion under item "Conflict of Interest," page 2, "as long as the Complaint does not reflect some certainty about who the participants are, and a member of the Board then concludes that he/she cannot participate, that we ought to go forward." Motion to adopt Consent Calendar as amended approved unanimously, 5/0, all members present. RECOMMENDATION TO COUNCIL: None BY-LAWS D. Russell addressed his findings about issues regarding closed documents and, more specifically the Complaint and the Police Chief"s Report, and issues of confidentiality. Counsel also addressed the definition of the terms "reasonable basis" and "deference." After reviewing recommended changes by counsel, the Board concurs on the following changes: Article IX,', Section 2: Staff was directed to determine when Board terms end and hold election of officers one month later. Article V, Section 1 and 2: Combine Section 1 and 2 and then re- number the rest of the sections. Article V, Section 5: Add "the" in front of Iowa Code and throughout the remaining by-laws. Minutes - 10/8/97 Page 2 Article V, Section 9: Counsel D. Russell defined interestedparty as a person with actual contact with the facts of a particular complaint, to include the applicant, complainant, witnesses, or police officer involved, including the Police Chief or City Manager preparing the report, but would not include the general populace or the media. He recommended no change to the proposed by-laws. Article V, Section 11: Voting. A majority vote is required to pass any motion or election, except for closing sessions which shall be done as provided for in the Iowa Code. Article VII, Section l(a): Counsel D. Russell clarified "reports of investigations" shall include the Police Chief and/or City Manager's Report. Supporting reference for closing the Complaint and Report include (1) language in the Ordinance, (2) relying on support of the Iowa Code, and (3) adopting this by-law section. Article VII, Section l(c ): Substitute "No member of the Board or of its staff shall disclose information protected by the Iowa Open Records Law or the Iowa Open Meetings Law." Add Article VII, Section l(d): Mediation matters are protected by the Iowa Code. P. Farrant moved that the PCRB defer adoption of the by-laws until a final draft with recommended changes is presented and reviewed by Board members. Motion seconded by M. Raymond. Motion unanimously carded, 5/0, all members present. OPERATING RULES Counsel reminded Board members that its Operating Rules, like by-laws, must be approved by the City Council. POLICE POLICIES/ RULES AND REGULATIONS P. Hoffey stated the presented Rules/Policies and Regulations provided by the Police Department appear to be consistent with the professional standards that he is familiar with. Minutes- 10/8/97 Page 3 CONSIDER MOTION TO ADJOURN INTO EXECUTIVE SESSION Motion by J. Watson and seconded by P. Farrant to adjourn into Executive Session based upon Iowa Code 21.5(g) to avoid disclosure of specific law enforcement matters and (i) to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session. Motion carried unanimously, 5/0, all members present. Brian Sharp, Iowa City Press Citizen questioned closing for personnel matter. He was referred to Chapter 22.7 of the Iowa Code requiring police officer's report to be kept confidential and 21.5(a) to review or discuss records which are required or authorized by state or federal law to be kept confidential. Regular meeting closed at 8:05 A.M. Regular meeting resumed at 8:35 A.M. OTHER BUSINESS: M. Karr reported that Council granted the 45-day extension of time to respond to Complaint 97-1, giving the Board until November 21. Council has also requested that the Board attend a formal meeting and be introduced. However, since there is a conflict wSth the Council meeting time and the Police Citizen Academy, M. Karr will convey this information to the Council and a time will be scheduled in January. M. Raymond disclosed for the record an exparte contact with a neighbor who stated he was the officer involved in a complaint; no substantive information was discussed, nor does Ms. Raymond feel it will create any conflict of interest issues. Discussion followed about counsel attendance at meetings. It was decided Mr. Russell need not attend meetings until further notice. Although the Board will draft their reports to the City Council, Mr. Russell assured the Board he will be available for review and assistance. Minutes- 10/8/97 Page 4 ADJOURNMENT Motion for adjournment by M. Raymond and seconded by P. Farrant. Motion carded unanimously, 5/0, all members present. Meeting adjourned. NEXT MEETING Friday, October 10, 1997, 4:00 P.M. to 6:00 P.M., Lobby Conference Room.