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HomeMy WebLinkAbout2011-06-21 Bd Comm MinutesMINUTES HISTORIC PRESERVATION COMMISSION MAY 12, 2011 EMMA HARVAT HALL 2b(1) APPROVED MEMBERS PRESENT: Kent Ackerson, Esther Baker, Thomas Baldridge, William Downing, Andrew Litton, David McMahon, Pam Michaud, Alicia Trimble MEMBERS ABSENT: Ginalie Swaim, Dana Thomann, Frank Wagner STAFF PRESENT: Christina Kuecker OTHERS PRESENT: Thomas McInerney, Jim Niebuhr, Jennifer Wagner RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Trimble called the meeting to order at 6:00 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA; There was none. CERTIFICATES OF APPROPRIATENESS: 815 East Washington Street. Kuecker said this project involves a retaining wall replacement on the property. She said the applicant has already replaced two retaining walls and would now like to replace the one on the west side of the steps. Kuecker said the replacement bricks would match the existing, with the same bricks and mortar as was used in the other two wall replacements. She said that what the applicant would like to do that is a change would be to remove the wood end portion of the retaining wall and replace it with a brick that matches the rest of the retaining walls. Kuecker said staff finds this to be compatible with the guidelines and recommends approval as submitted in the application, with the condition that the new wall match the existing retaining wall in material, color, joint profile, mortar color, height, and overall appearance. Niebuhr, the contractor for this project, said he was able to salvage a lot of old bricks from a previous project and has about three thousand bricks in storage that he can use. He said he also plans to salvage as many bricks as he can from the existing wall, clean them, and reuse them. MOTION: Baldridge moved to approve a certificate of appropriateness for the application for 815 East Washington Street as presented, with the condition that the new wall match the existing retaining wall in material, color, joint profile, mortar color, height, and overall appearance. McMahon seconded the motion. The motion carried on a vote of 8 -0 (Swaim Thomann, and Wagner absent). 610 Iowa Avenue. Kuecker stated that this application is for a garage demolition and window replacement. She showed the garage, which is located on the alley. Kuecker said the garage is a non - contributing, non - historic addition to the neighborhood. She said that, in general, the guidelines state that the demolitions of outbuildings should be made on a case -by -case basis, with the Commission considering the condition, integrity, and architectural significance of the outbuilding. Kuecker said staff feels the garage is not architecturally or historically significant, and the demolition would not cause a negative impact on the neighborhood and recommends approval of the demolition of the garage. Historic Preservation Commission May 12, 2011 Page 2 Kuecker said the second part of the application involves the replacement of all the windows on the house. She said the applicant has not provided any evidence of deterioration of the existing windows or indicated what type of windows the applicant would like to use. Kuecker stated that staff does not feel that a window replacement would be detrimental or have a significant impact on the historic integrity of the building but does feel that the applicant needs to provide justification for the window replacement, as well as final window specifications, with both of those things to be approved before any building permit would be issued. She said staff recommends approval as submitted, with the conditions that documentation be provided demonstrating the need to replace the windows rather than repair the existing windows; if warranted, the replacement windows must match the type, size, sash width, trim, use of divided lights, and overall appearance of the historic windows; the new windows must be either solid wood or metal -clad solid wood; and the new window specifications must be approved by staff prior to the issuance of a building permit. MOTION: Michaud moved to approve a certificate of appropriateness for the application for 610 Iowa Avenue regarding the demolition of the garage and the replacement of windows, subject to the conditions that documentation be provided demonstrating the need to replace the windows rather than repair the existing windows; if warranted, the replacement windows must match the type, size, sash width, trim, use of divided lights, and overall appearance of the historic windows; the new windows must be either solid wood or metal - clad solid wood; and the new window specifications must be approved by staff prior to the issuance of a building permit. McMahon seconded the motion. The motion carried on a vote of 8 -0 (Swaim, Thomann, and Wagner absent). 4 Bella Vista Place. Kuecker said this application involves several projects. She said the first project concerns the demolition of an existing attached garage and the construction of a small addition in it is place. Kuecker said the second project involves the addition of a door and railing off the roof of the north wing. She said the third project is the addition of four dormers onto the property. Kuecker showed an illustration with all three projects. She showed the current location of the small, attached garage to be demolished. Kuecker referred to the photograph in the packet that shows the existing garage. Kuecker said in staff's opinion, the existing garage is not a significant architectural feature, and its removal will not adversely affect the historic integrity. She said the general design of the addition is compatible with the Louse, but the window specifications still need to be submitted to insure that the windows will be compatible with the house and with the guidelines. Kuecker said staff finds the deck is compatible with the guidelines and is also compatible with the historic structure and would have minimal impact on the historic integrity. Regarding the dormers, Kuecker said staff feels they look out of shape and size for the Colonial Revival style of the house. She said that a Colonial Revival -style house typically has a narrower dormer that most often only contains one window, and they are most often in sets of three or five. Kuecker said staff recommends, at least for the front fapade, that the dormers be more compatible with the Colonial Revival style — two or three narrower dormers with only one window. She said that to offset that, perhaps the applicant could do more of a shed style, larger dormer on the rear of the property for additional headroom. Kuecker showed examples of some Colonial Revival houses with dormers that seem more appropriately sized for the style of house. Kuecker stated that staff recommends approval of the application in general, with the conditions that the applicant revise the dormer design to include two or three narrower dormers with one window on the front elevation, and the rear dormers could remain as proposed, or be redesigned to be a larger, shed -roof dormer, with the final dormer design to be approved by staff and chair prior to the issuance of a building permit; the windows must match the type, size, sash width, trim, use of divided lights, and overall appearance of the historic windows; the new windows must be either solid wood or metal -clad solid wood; the divided lights must be created with muntin bars adhered to both sides of the glass not with snap in muntin bars; the window specifications must be approved by staff prior to the issuance of a building permit. Historic Preservation Commission May 12, 2011 Page 3 McInerney introduced himself as the architect for this project. He said that this house is not a typical Colonial Revival house in that it does not have a centered entrance or a symmetrical fagade. He said that the existing house that has a Palladian -type influenced entrance. McInerney said, regarding the smaller dormers on top, that it is probably acceptable in the sense that it meets the overall concept of a Colonial design. He said there are a couple of things that don't meet the definition of Colonial Revival in the existing building. McInerney said that the house has an asymmetrical fireplace location and an asymmetrical entrance and it has been modified since it was originally built. He said he would be inclined to keep only two dormers instead of adding a third which would add to the clutteredness of the overall aesthetic. McInerney said that to make it simple looking, with a broken design already, it did not follow the guidelines of classic Colonial Revival. He said it has some Italian revival accents in the back that were original. McInerney said the house was built during the arts and crafts movement. McInerney said the idea here was to respect the orderliness of the house. He said that when it comes down to it, he is just trying to create an illusion to distract the eye in a subconscious way and make the house more orderly and formal, by lining things up and at the same time to try to keep some order to the fagade. Baldridge said his first reaction from the photographs is that the original house looks naked. He said it looks much better with the dormers. Baldridge said that he thought what the architect had done was copy the lines of the double windows, but he sees now that the dormer windows are wider than the ones on the house itself. Michaud said they look square, rather than vertical, and that is doesn't seem to match the proportions of the house. McInerney said that the windows are intended to be the same width as the windows on the house. He said this house has an asymmetrical entrance, and there is nothing colonial about that part. McInerney said that he is trying to put some sense of all these different types of eclectic design and roll them together in a classical way with a modem twist. Michaud said that the Commission usually sees someone replicating the shape and proportions of the windows. McInerney said the dormer windows like that would be too tall. Michaud asked if the windows could be made smaller but with the same proportions. He said that if one is going to match something, it is the width that should be matched because the building is telling us that. Ackerson asked McInerney if he intended the dormer windows to be the same width as the windows on the house. McInerney said that the window width and the outside trim would be a match. Baldridge said he thinks this is a very handsome addition. McInerney said that it was the only option. Michaud said her other concern is where the eave meets the end of the house in the lower image. She said this element and proportions should be replicated on the dormers. Downing said that the fascia on the dormers seems much taller than the fascia on the rest of the house. McInerney said that it was done in virtual model so there may be some things that are not represented correctly because of perspective. McInerney said that really what he is trying to do is emphasize the centrality of the middle mullion with the double windows being repeated and strictly adhering to that type of trim; this is the goal aesthetically. McInerney said the intent was to match all the details on the house in the trim and eaves, because there is no other precedent and they don't want to create any more confusion. Downing said that all the windows in the original house are taller and the ones shown in the dormers are essentially square. McInerney said that it's an arts and crafts kind of house. He said he has worked on some foursquare houses, and they have many of the same features. McInerney said this house is more of a colonial -style foursquare. He said that with the double windows, that makes more sense. Historic Preservation Commission May 12, 2011 Page 4 Michaud said the guidelines generally encourage having the same proportion on the windows and fascia. She said that regardless of what the architect is struggling with here, the Commission wants to replicate the proportions. McInerney said he thinks that can be replicated, almost this size here, with the trim at the bottom, one will get more consistency. Downing said, regarding the square windows on the dormer, he can imagine the top of that window being about waist high. He said that putting in a proportionally taller window or even a pair of windows, would keep the window at a more usable level. Downing said that dormer windows are often narrower than the windows on the main stories of the house, so they don't have to be as wide as the windows below. McInerney responded that it was an attempt to try to struggle with the atypical type of setting. McInerney said that he did not think a mini version of the windows down below would actually translate well once it's built. McInerney said that is why he is trying to take some theme off an elevation and give it a little more majesty. Baldridge asked McInerney if it is his intention that the windows and the dormers will be the same width. McInerney replied that the width would be the same. Downing said that when one looks at other example of colonial revival dormers, the proportion of the windows are the same and the center line of the windows lines up with the windows below even though the widths may not be the same. McInerney said that now it looks naked, but once the dormers are on, it finally gives it the majestic elevation that has been denied to it for 80 years. He said that is the way he looks at it, as an attempt to give it a better design, a modern equivalent understanding of graphics and proportions. Michaud said maybe the Commission has maybe misunderstood things, because McInerney has had a little trouble with his perspective or his program. McInerney said that this is the way he intended it to look. McInerney said that he is trying to make everything look harmonious. Baker said the Commission is past the three dormers. She said the Commission seems to feel that McInerney has made the argument for two. Baker said the issue now is not the two dormers nor the fact that the door is on the side, it's that if one looks at the drawing, the windows that are in the dormers appear square, as opposed to rectangular. She said that if she understands what other Commission members are saying, that would go against the guidelines. Michaud asked if there are six windows in each dormer. McInerney said no that there are two and they would likely be casements. He said that he felt that double hung would be impractical because of the height of the dormer and window. McInerney said he wanted to replicate the windows below and that the windows in the dormers would essentially appear as the top halves of the windows below. Baldridge asked McInerney if he agrees that the windows in the dormers would replicate the width. McInerney said that is correct; he said they would have to. McInerney said that he wants to make sure they line up. He said that one is looking for repeating patterns, and that is where the emphasis is now. Michaud said that Commission members would like to see a little bit more repetition with the shape of the windows. McInerney said if that does, it will add a whole another element to this. He said it would then be a whole different proportion that would actually read and distract the overall elevation. He said if that happens, it will be top heavy. McInerney said the benefit with the colonial style is that everything is balanced. He said if it is not, it is a variation of colonial design. McInerney said a foursquare is built that way too, and this is taking elements from other types and styles. Historic Preservation Commission May 12, 2011 Page 5 Baldridge said that the dormer windows do not replicate anything on the main house on any of the historic examples. Baldridge said that he sees the factor is that the vertical line is retained. He said it looks to him like original equipment and said the Commission is hassling over an inch here or there. McInerney said that once one makes a mini version of a window, it calls itself out on the elevation. Ile sa;d it becomes the dominant form. McInerney said that what we need now is to get away from that and just replicate any element, instilling the concept that was originally planned. Downing said it sounds like McInerney is arguing with the client's house style itself. McInerney said the house is struggling to be arts and crafts. He said at the same time it is really a foursquare that was made to look colonial. Baldridge asked about the makeup of the window on the south fagade and attic. McInerney said that is like the center window of the bathroom window in the front fagade; he said it is three feet by five feet. He said it is the same window down below; all those are the same size. Downing said the problem he has with it is that dormer seems proportionally much larger than one might expect, and also, the windows are of a style that is foreign to the house. MOTION: Michaud moved to approve a certificate of appropriateness for the application for 4 Bella Vista Place to approve the demolition of a garage, a single -story addition with an open porch and railings, and a walk -out deck as presented in the application. Jennifer Wagner, one of the owners of the house, said the house is an amalgamation of colonial and foursquare and other details. She said that all around her house are bungalows and foursquares with great big dormers. Wagner said she thought that the bigger picture was part of what is looked at here. Michaud said that to her, the most prominent thing is the doorway, which is not arts and crafts. She said the integrity of this structure is what the Commission is striving for. Ackerson seconded the motion. The motion carried on a vote of 7 -1, with Baldridge voting no (Swaim, Thomann, and Wagner absent). Regarding the windows, Downing said he is trying to envision a different design that might be more pleasing to the guidelines and Commission members. Wagner asked if they might have to be happy with a more vertical looking window, in order to still have the two dormers. Ackerson said that everyone seems to like the two dormers. Michaud said the two bathroom -sized windows could work in the dormer Baldridge referred to the drawings of the other colonials. He said that the dormers do not match anything on the fagade of the main part of the house. Baldridge said that they are all unique. Baker stated that all the windows in the dormers are all rectangles, not squares. Wagner asked if they could then go with the two windows inside a larger dormer but just want the height to be more vertical. Baldridge said the windows are supposed to be the same width as the windows in the body of the house. Downing said they are the same width, but they are not the same height; they are half the height or less of the bottom windows. Trimble said it seems that some members of the Commission would like the windows in the dormers to be rectangular. She said they might then need to be smaller. McInerney said he could probably draw them up both ways. Baker said it would be helpful to have a more proportionally accurate drawing. Other Commission members agreed. Historic Preservation Commission May 12, 2011 Page 6 MOTION: Baker moved to defer consideration of the dormers on the application for a certificate of appropriateness for 4 Bella Vista Place until alternate drawings can be presented by the applicant. Baldridge seconded the motion. The motion carried on a vote of 8 -0 (Swaim Thomann, and Wagner absent). CONSIDERATION OF MINUTES FOR APRIL 14 2011: MOTION: Baker moved to approve the minutes of the Historic Preservation Commission's April 14, 2011 meeting, as written. McMahon seconded the motion. The motion carried on a vote of 8 -0. OTHER: Trimble mentioned the Parade of Historic Homes to be held Sunday, May 15`h, from 1 to 5. She said that it will focus on the Moffitt Homes and added that Plum Grove will also be open on the tour. Trimble said thac on Saturday, May 14'h, Jeff Schabillion would be giving a talk at the Iowa City Library from 2:30 to 3:30 regarding Iowa City stone buildings and Mr. Moffitt. She said they are looking for more volunteers, if anyone is interested. Kuecker said the Secretary of the Interior has come up with illustrated guidelines for sustainability for historic homes. She said she can forward the e-mail to anyone interested in reading them. ADJOURNMENT: The meeting was adjourned at 6:55 p.m. Minutes submitted by Anne Schulte APPROVED PLANNING AND ZONING COMMISSION MAY 19, 2011 — 7:00 PM — FORMAL LOBBY CONFERENCE ROOM, CITY HALL 2b(2) MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Elizabeth Koppes, Michelle Payne, Tim Weitzel MEMBERS ABSENT: Wally Plahutnik, Carolyn Stewart Dyer STAFF PRESENT: Bob Miklo, Christina Kuecker, Sara Greenwood Hektoen, Doug Boothroy OTHERS PRESENT: Anne Bendixen, Paula Swaggard, Curt Ranshaw, Ron Christenson RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 4 -0 (Eastham abstaining; Plahutnik and Dyer absent) to recommend approval of CPA11- 00002, an amendment to the Comprehensive Plan to change the land use designation from Single - Family /Duplex Residential to General Commercial for property located at the northeast corner of the intersection of Highway 1 West and Hudson Avenue. The Commission voted 4 -0 (Eastham abstaining; Plahutnik and Dyer absent) to recommend approval of REZ11- 00008, an application submitted by Ranshaw Limited Partnership for rezoning from Medium Density Family Single (RS -8) zone to Community Commercial (CC -2) zone for approximately .69 acres of property located at 1014, 1016 and 1022 Hudson Avenue subject to a Conditional Zoning Agreement addressing neighborhood compatibility. The Commission voted 4 -1 (Eastham voting no, Plahutnik and Dyer absent) to recommend approval of amendments to Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses to add the new temporary use "football game day commercial vending" to provide specific approval criteria for football game day commercial vending and Chapter 9A, Definitions to define tailgating. The Commission voted 5 -0 ( Plahutnik and Dyer absent) to send the following statement to the City Council regarding football game day activities in neighborhoods near the stadium: Activities associated with University of Iowa football games result in serious, trash, litter, and public urination issues for the Melrose Avenue neighborhood. The neighborhood and Melrose Avenue commercial vendors agree that there is a need for more trash containers, litter clean -up and portable toilets. The University of Iowa has the primary responsibility to address these issues. Therefore the Planning and Zoning Planning and Zoning Commission May 19, 2011 - Formal Page 2 of 10 Commission recommends to the City Council that staff be directed to meet with the University of Iowa officials to develop a plan to help address game -day trash, litter, and public urination problems. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. COMPREHENSIVE PLAN ITEM: CPA11- 00002: A public hearing to amend the Comprehensive Plan to change the land use designation from Single - Family /Duplex Residential to General Commercial for property located at the northeast corner of the intersection of Highway 1 West and Hudson Avenue. Eastham noted that he has a conflict with this item and the next item on the agenda, and will not be participating in consideration of those matters. Kuecker noted that the applicant has requested that the Comprehensive Plan be changed to show this area as commercial rather than residential. Kuecker said that in 1991 members of the Miller Orchard neighborhood requested that the Comprehensive Plan be changed to show the area as residential. Prior to that time, there had been several rezoning requests for two of these parcels and the neighborhood felt that by changing the Comprehensive Plan designation they could prevent future rezoning requests, keeping those parcels zoned residential. Kuecker noted that in 1991, staff had recommended against changing the designation from commercial to residential; however, the Planning and Zoning Commission and City Council voted to make the amendment. Kuecker said that staffs opinion continues to be that these properties are appropriate for commercial development. She said that the general principals of the Comprehensive Plan encourage commercial development along arterial streets like Highway 1. Kuecker noted that the subject properties are surrounded on three sides by commercial properties, and that zoning them commercial would make a clear demarcation between the residential and commercial areas of the neighborhood. The Comprehensive Plan also encourages commercial development in already- existing commercial centers as a means of discouraging sprawl. Kuecker said that it is also a good planning principal to zone both sides of a street for similar uses. Kuecker noted that some neighborhood residents have expressed concerns about the rezoning and Comprehensive Plan amendment; however, staff believes that the northern boundary of these properties would clearly demarcate the commercial and residential parts of the neighborhood. Staff is recommending approval of the Comprehensive Plan change. Planning and Zoning Commission May 19, 2011 - Formal Page 3 of 10 Koppes noted that Lot 22 was not changed in 1991 when the other parcels were; she asked for clarification. Kuecker said that at the time it had a commercial use, and is currently zoned commercial. Weitzel asked if there was any chance that the commercial uses would start to creep up Hudson Avenue. Kuecker said that the conditions toward the northern parts of Hudson are not conducive to commercial in the same way that these particular parcels are, so she did not think that was a concern. Freerks opened the public hearing. Ann Bendixen, 902 Hudson, said that the neighborhood has been working since at least 1991 to keep these parcels residential. The Southwest District Plan, adopted in 2002, included this residential designation. Bendixen said that the Miller Orchard Neighborhood Plan, which was submitted to Council in 2009, represents the culmination of a lot of work by a lot of residents and business owners from the neighborhood. Bendixen said that she would like to see preservation of the existing housing stock, as is recommended in these plans. She said that joint- decision making and plans are worthless unless use is made of them. Paula Swaggard, 426 Douglass Street, said that though it does make sense to her to rezone those three properties, her concern is that the commercial designation would creep into other areas of the neighborhood based on a similar rationale. Freerks closed the public hearing and invited a motion. Weitzel moved to approve CPA11- 00002, public hearing to amend the Comprehensive Plan. Payne seconded. Freerks invited discussion. Weitzel said that he thought the neighbors' concerns regarding "creep" of the commercial zone into the residential neighborhood was a reasonable one. He said that nevertheless he did not see a reason not to approve this amendment. Payne said that she agreed with Weitzel. She said that Hudson Avenue is a beautiful tree -lined street and she would hate to see the commercial continue to creep into it. She said that the back lot -line on Douglas Court does provide a natural break for the separation of the commercial and residential. She said that there should probably be a CZA to limit what can be done on the lot. Freerks noted that that would be a rezoning matter and this was a Comprehensive Plan item. Koppes asked if there was anything more the Commission could do to ensure that the commercial did not creep further up Hudson. Freerks said her understanding was that there is not really any language in the Comprehensive Plan to address this; rather there is just a designation on the map. Miklo said that one of the zoning principles staff tries to follow is making zoning changes at side or rear lot lines and not across the street from each other. Miklo said that it is much easier to get a transition at side or back lot lines where there can be more Planning and Zoning Commission May 19, 2011 - Formal Page 4 of 10 fencing and landscaping. Miklo said that he does not know that it is necessary to add more language to the Comprehensive Plan as that has been the City's practice and policy. Kuecker noted that there is language in the Comprehensive Plan saying that commercial should have access to arterial streets, as well as language stating that the Miller Orchard neighborhood should be preserved as residential. Freerks said that she thinks this issue is more difficult than it appears, and that the neighborhood is one in which good things are happening thanks to a lot of hard work on the part of many community members. While she understands the concerns, she does believe that there are factors that make this a change that makes sense. Freerks said she wanted to make very clear that she does not want commercial any further up Hudson Avenue. She said that she thought this change would even out the area and was a reasonable request and would be supporting it. A vote was taken and the motion carried 4 -0 (Eastham abstaining; Plahutnik and Dyer absent). REZONING ITEM: REZ11- 00008: Discussion of an application submitted by Ranshaw Limited Partnership for rezoning from Medium Density Family Single (RS -8) zone to Community Commercial (CC -2) zone for approximately .69 acres of property located at 1014, 1016 and 1022 Hudson Avenue. Kuecker said that she wished to clarify a comment regarding lighting on the Paul's site that was made at the last meeting. She noted that the City has provisions in its zoning code governing lighting and HIS will ensure that any new lighting on site complies with those requirements Staff is recommending approval of this rezoning with conditions that prohibit the vehicular access onto Hudson Avenue, a vegetative screen on the north side of the property, that the north and Hudson Avenue elevation be a decorative wall for aesthetics purposes, and a building facade incorporating traditional building materials such as brick or wood that has a more pedestrian scale with windows, awnings and bike /pedestrian access, with views into the commercial space from Hudson Avenue. Greenwood Hektoen asked if it was staffs recommendation that the property goes through design review. Kuecker said that it is, and that the purpose of the design review would be to ensure that those conditions are met. Freerks asked if these items had been discussed with the applicant and Kuecker said that they have been. Payne asked if Kuecker's recommendations for vegetative screening were intended to indicate a specific screening level, such as S2 or S3. Kuecker said that it would likely depend on the building plan. Miklo said that at a minimum the S2 screening is required so staff would likely recommend something taller than that. Koppes asked if that needed to be in the CZA and Miklo said that he believed the design review committee would look at the specific plan and see what is appropriate. He noted that the Commission could certainly put that in if they felt and S3 screen was appropriate. Freerks opened the public hearing and invited the applicant to speak. Planning and Zoning Commission May 19, 2011 - Formal Page 5 of 10 Curt Ranshaw, part owner of Ranshaw Limited Partnership, spoke on behalf of the application. Ranshaw said that he is in agreement with staff recommendations and would just like to see the application pass. He said there is no tenant at present so a specific building design has not yet been proposed. Anne Bendixen, 902 Hudson, said she had four points to make in regard to the application. Bendixen said that she would like to remind everyone that Hudson Avenue is only one block long, so changing just a few homes has a major impact. She said that the concern of the neighbors is that Hudson will be nibbled away by commercial properties: the current properties represent 10% of the street. She said that already there is commercial truck traffic on Hudson Avenue and expanded commercial would further jeopardize children living in the area. L'endixen said that she has always supported Paul's as a way of being a good neighbor. She said that she would like to see some reciprocation toward the neighborhood from Paul's. She said that instead of beautification efforts from Paul's, she sees adult trees and bamboo plants being taken down and she does not trust that more commercial development will be an aesthetic asset to the community. Paula Swaggard, 426 Douglas Street, said that she had e- mailed Commission members with her concerns. She said that allowing any curb cut onto Hudson concerns her, as there is already a lot of commercial traffic on the street. She said she has faith that the building design will blend into the neighborhood, but she is concerned about the house at 1012 Hudson, as she does not know how much of a buffer it will have from the building. Miklo explained that generally commercial has a zero setback for side lot lines; however, if it is adjacent to a residential, it has to observe the same setback. In this case, Miklo said, he believed that would be five feet. No one else wished to speak to the issue and the public hearing was closed. Payne moved to approve REZ11- 00008, an application submitted by Ranshaw Limited Partnership for rezoning from Medium Density Family Single (RS -8) zone to Community Commercial (CC -2) zone for approximately .69 acres of property located at 1014, 1016 and 1022 Hudson Avenue, with design review and conditions stated in the staff memo. Weitzel seconded. Freerks noted that those conditions included the prohibition of a curb cut onto Hudson Avenue. Koppes said that there is no semi -truck traffic on First Avenue, and wondered if Hudson Avenue residents could contact someone to see about getting similar prohibitions on semi traffic. Miklo said that Transportation Planners would be the ones to contact, though he said he knew they were already studying that particular area for traffic calming measures. Koppes said it seemed logical to prohibit truck traffic on Hudson Avenue. Payne said that at the very least a sign could be put up. Payne asked if the Commission wanted to say anything specific about the vegetative screening. Koppes noted that the Design Review Committee would be looking at any plans. Greenwood Hektoen advised the Commission to discuss what they wished to see and then the comments would be in the record of the minutes when the design review is done. Koppes said that if it is a nice looking building it would be a shame to require it to then be covered up. Weitzel said that was his concern as well. Freerks said that the idea is that the plantings will soften the transition from the adjacent residential property to the commercial area. Freerks said that it would be good Planning and Zoning Commission May 19, 2011 - Formal Page 6 of 10 for the City to try to see if the very nice street trees that are along Hudson can be maintained when the sidewalk project goes in. Kuecker said she had spoken with the City Engineer, and they said they are going to try to keep as many trees as possible. Freerks said she would be voting in favor of this application as it is her belief that it can be done well and be an asset to the neighborhood. She said that she would not want to see commercial creep any further down Hudson Avenue, but this seems reasonable to her, particularly with design review being in place. A vote was taken and the motion carried 4 -0 (Eastham abstaining; Dyer and Plahutnik absent). CODE AMENDMENT ITEM: Discussion of amendments to Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses to add the new temporary use "football game day commercial vending" to provide specific approval criteria for football game day commercial vending and Chapter 9A, Definitions to define tailgating. Doug Boothroy, Director of Housing Inspector Services, noted that there is a change to the language governing signage so that it now only pertains to the location of the sign. Greenwood Hektoen said that there had been discussions about the Magic Bus and whether or not it could charge for the live music it offers. Greenwood Hektoen said that if there was a charge to listen to the music then that would be considered a commercial game day use and would be governed by the regulations being discussed. She said that if there was no charge, the Building Official could review it as a temporary use for a concert. She said that it could possibly be allowed so long as the use does not become commercial. Koppes asked if the same issues would come up of there was a good -will donation and the area was still fenced off. Greenwood Hektoen said that it would be for the Building Official to review. Boothroy said that one of the advantages of these regulations is that there will be inspectors in the area, whereas before there were not. Freerks said that the City Council seemed like they wished to accommodate the status quo, which would include the Magic Bus and the Magic Bus went through lots of hoops last year and received no complaints, but that does not seem to matter because these regulations still do not allow them to operate. Boothroy said that they would not be allowed to operate as a business. Freerks asked if they could not operate as a non - profit. Greenwood Hektoen said that the City does not distinguish between for - profit and non - profit businesses. She said that it is very difficult to draw up some exception or regulation that allows the Magic Bus, but does not allow other ventures that Council has specifically said that they do not want to allow. Koppes said that what she is hearing is that if Magic Bus wishes to operate it could only operate on good -will donations. She asked if they could then operate anywhere, and Boothroy said that if they were not a business they could locate anywhere. He noted that if there was alcohol it could not be provided by the Magic Bus; it would have to be "BYOB," just like any other tailgate. Boothroy said that opening the regulations up to vending alcohol is not something Council would support. Koppes said that she had spoken with Mayor Hayek and he had expressed that same sentiment. Freerks said that she understood the dilemma, but she is trying to understand what it is that they can and should control. She said that she has issues with eliminating a program that was cleanly run and did good work. Planning and Zoning Commission May 19, 2011 - Formal Page 7 of 10 Eastham asked if any of the vendors along Melrose had applied for a temporary use permit under the current code. Boothroy said that they were not regulated under the current code and nobody applied except The Magic Bus and the Stadium Club, which he required to apply. Boothroy said that the City had notified vendors at the start of the 2010 football season that there would be a permitting process effective with the 2011 season. Eastham asked if any of the vendors had applied for a temporary use permit prior to the 2010 season and Boothroy said that none had ever done so, nor has it been required. Boothroy said that the only things they had regulated prior to 2010 were set -up and tear -down times and ensuring that there were no permanent improvements made. Eastham asked if the sale prices of the properties Boothroy had discussed in his memo were reflective of the current market as well, and Boothroy said that he did not think they had sold again. Koppes said that there had been some discussion about allowing vendors to set up by 9:00 AM rather than 12 PM, and that change was not reflected in the ordinance before the Commission. Boothroy said that his opinion is that there could be traffic conflicts and congestion resulting from a 9 AM start time, and so he had left the set -up time as 12 PM. Freerks opened the public hearing. Ron Christenson, 122 N Westminster, said that he is the owner of Game Day Iowa. Christenson said that Game Day Iowa has had a temporary use permit in Iowa City for the past several years to sell anywhere in the community. He said that they were explicitly told that they did not have to have one for their Melrose location. He said he had requested the 9 AM start time and he would really appreciate it as what they are doing is not congesting anything. Koppes asked how long Game Day has to do set up in other communities they travel to. He said that it is different in every community, but that he is supportive of the permitting process and the efforts that have been put in to getting it done. Boothroy clarified that there are no permits issued on the plaza by HIS; those are issued directly out of the City Manager's office. Koppes suggested a 10 AM set -up time to avoid both the lunch -time traffic and the early morning work traffic. Boothroy said that 10 AM would be better than 9 AM, though in his opinion the later the better. The public hearing was closed. Koppes moved to recommend amendments to Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses to add the new temporary use "football game day commercial vending" to provide specific approval criteria for football game day commercial vending and Chapter 9A, Definitions to define tailgating, changing the recommended set -up time from 12 PM to 10 AM. Payne seconded. Weitzel asked if there was interest in discussing how far east the vending can go. Eastham said he would be in favor of discussing it. Freerks said she would rather not change it as there is one Planning and Zoning Commission May 19, 2011 - Formal Page 8 of 10 vendor who uses that space. Koppes and Payne said they too would rather not change it. Eastham noted that the Southwest District Plan encourages the preservation of the residential character of the Melrose neighborhood. Boothroy had noted in his memo that sales in the area had been selling at greatly inflated prices due to their commercial potential. Eastham said that those prices are supported only by non - residential uses. The recommendation before the Commission is to allow commercial uses in a residential neighborhood, whether they are seasonal or temporary. Eastham said that allowing commercial uses in this neighborhood will price out potential residential buyers. He said that this is an inevitable step toward commercialization of this neighborhood in a way that is not supported by the Comprehensive Plan or the zoning code. Freerks pointed out that these are temporary uses, which are not actually addressed by the Comprehensive Plan. Eastham said that he does not share that opinion, as he does not think these are actually temporary uses. Freerks said that the proximity to the hospital, the University, and the athletic facilities has much more to do with the cost of these homes than does game day vending. Payne said there are a lot of homes in Iowa City that have sold for $500,000; she said that the home Eastham was discussing was a fluke, as the use they wanted for it was disallowed. Koppes said there are many places in the community that get the same temporary use permits year in and year out, and the same arguments could be made against those properties. She said that the fact that the vendors are putting their facilities up and down each game day makes it a temporary use; they are not leaving them up from August through October. Weitzel said that the increased property values have multi- variant causes. He said he did not think that the 26 vendors being discussed are the reason for the increased property values. He said that while the neighborhood does need to have its residential nature protected, the vendors are not the entity from whom it needs protection. Payne said that the measures being discussed will speak to this. Greenwood Hektoen said that staff had considered imposing an overlay zone, giving zoning rights for these types of uses, but decided against it. There will be no zoning rights or grandfathering for these types of permits. Boothroy noted that there are provisions which allow the privilege to vend to be removed if there are repeat offenders. Eastham asked where a se in the city commercial vending in a residential zone would be permitted. Weitzel said that it would be constructive to reduce Eastham's point to its bare essentials; namely, that the code should not be approved because the vending should not be allowed. Eastham said that the Comprehensive Plan does not support commercial uses in this area. Koppes said that City Council does support it. Weitzel said because the use is temporary it sort of exists beyond the scope of the Comprehensive Plan. Freerks agreed. Eastham said that his opinion is that the uses are not temporary, but long -term and recurring. Weitzel said that he would not support a motion to deny this matter. Koppes said that she will support it, but she certainly hopes that City Council and HIS figure out a way to allow them to continue. She said she understands that there is not a perfect solution, but she thinks there can be a solution of some kind. She said that these are good regulations for evening the playing field for vendors, but she does want to see the Magic Bus issue addressed and resolved. Weitzel said that it is important to be careful with this historic, residential neighborhood. He said that there are decades of tradition with tailgating in the neighborhood. He said the vendors are not the problem, and eliminating them would change nothing. He said he is inclined to follow the direction given by Council. Payne said she agrees that the vendors are not the problem on game day, but it is good to regulate part of what is going on. Freerks said she understands the concerns that the neighborhood has, and this is a fairly creative compromise. She said that she does believe it is important to figure out a way to Planning and Zoning Commission May 19, 2011 - Formal Page 9 of 10 creatively allow activities like the Magic Bus to occur. She said she agrees with most of the criteria, but she would like to propose that something be done about the public urination and trash issues that occur. Weitzel noted that he is not against the Magic Bus or moderate alcohol consumption. A vote was taken 4 -1 (Eastham voting no; Dyer and Plahutnik absent). CONSIDERATION OF MEETING MINUTES: May 2 & 5. 2011: Koppes moved to approve the minutes. Payne seconded. The motion carried 5 -0 (Plahutnik and Dyer absent). OTHER: Freerks suggested that the Commission make a recommendation to resolve some of the game day issues that had been discussed in recent weeks. Recommended wording was as follow: Activities associated with University of Iowa football games result in serious, trash, litter, and public urination issues for the Melrose Avenue neighborhood. The neighborhood and Melrose Avenue commercial vendors agree that there is a need for more trash containers, litter clean -up and portable toilets. The University of Iowa has the primary responsibility to address these issues. Therefore the Planning and Zoning Commission recommends to the City Council that staff be directed to meet with the University of Iowa officials to develop a plan to help address game -day trash, litter, and public urination problems. Payne moved to recommend this statement be sent to City Council. Wetzel seconded. Eastham said he is glad that the statement is being sent. Freerks said that there are some fairly easy things that can be done to prevent some of the chaos, and this is a way of addressing some of the real issues rather than pointing fingers at vendors. Weitzel said that this would go a lot further to address nuisance issues than regulating vendors would. Freerks noted that this recommendation is not about addressing alcohol, but about addressing trash, litter and public urination. A vote was taken and the motion carried 5 -0 (Dyer and Plahutnik excused). ADJOURNMENT: Koppes motioned to adjourn. Payne seconded. The meeting was adjourned on a 5 -0 vote (Plahutnik and Dyer absent). a m M U x a c a� 1 i i c i i i i i i w Ern !0 w xxxxxx w in O x x x X O x LO xi w O x X X X w O X T" X i X w O x X X x X i X X X X X x co X i X X x x x X N x i x x x X x x N X i X X X X X X LU W _ CO _ M N _ LO _ LO _ _e) W d F- W ) O � I O O � O Il) O LO O L) O LO O W � Z F- J Q= J C w C6 W W m W W� j Z M J W W Q =OCO wwwmwv P <WZMN�9<QWE =mz0 W IL z = =Ji! Q z p0>.Q�- m- )Quu)WC)wQYwa2a V Q Z -1 a m M U x a c a� 1 i i c i i i ` CM w i- !0 xxxxxx :o N N xi xxxxxx xi xxxxxx 0 N Xi xxxxxx �W r-O . - MNLO U) M WXCD o00000 W z J W J x W J _ Q W J Q V Z qm X z a N -J = 0 f'�fn Q �7J W W z2P WQCC�HWIL m N W W V w ma Q- Qm zmowwu.Yaa� >- HQm0QJW a m M U x a c a� CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: FINAL /APPROVED POLICE CITIZENS REVIEW BOARD MINUTES — May 10, 2011 Chair Donald King called the meeting to order at 5:30 P.M. Melissa Jensen, Peter Jochimsen, Royceann Porter (5:34pm), Joe Treloar None Staff Catherine Pugh and Kellie Tuttle Dean Able public RECOMMENDATIONS TO COUNCIL None 2b(3) CONSENT CALENDAR Motion by Jochimsen and seconded Porter by to adopt the consent calendar as presented or amended. • Minutes of the meeting on 04/12/11 • ICPD Department Memo #11 -14 (Jan -Feb 2011 Use of Force Review) • ICPD Department Memo(Quarterly /Summary Report (Qtr 1)- IAIR /PCRB,2011 • ICPD Bar Check Report (PAULA) — March, 2011 Motion carried, 4/0, Porter absent. OLD BUSINESS Adding interview process language to materials — Tuttle informed the Board of some suggested changes the Police Chief had for the forms per an e-mail. The Board reviewed the revised draft handed out during the meeting and made modifications. Staff will make the changes and submit another draft for the June meeting. NEW BUSINESS None. PUBLIC DISCUSSION Dean Able presented a letter from the Hawkeye Area Chapter American Civil Liberties Union of Iowa. He briefly addressed the three points of the letter with the Board and felt that the Board was already addressing one of them by updating the forms /brochure. Staff addressed the other two issues relating to the annual report on the Board's webpage and the posting of meetings. BOARD INFORMATION King informed the Board that a letter had been sent from NACOLE (National Association for Civilian Oversight of Law Enforcement) urging the Board to join as a member. King said that the PCRB had been a member in the past and found that they did not use the website or information very often. He also did not PCRB May 10, 2011 Page 2 know whether there was money in the budget for this. The Board reviewed the information and no one expressed an interest. Jochimsen pointed out a local radio station broadcasting misinformation on the PCRB budget. The Board felt that no response was necessary. STAFF INFORMATION None. EXECUTIVE SESSION Not needed. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • June 14, 2011, 5:30 PM, Lobby Conference Rm • July 12, 2011, 5:30 PM, Lobby Conference Rm • August 9, 2011, 5:30 PM, Lobby Conference Rm • September 13, 2011, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion by Treloar, seconded by Jensen to adjourn. Motion carried, 5/0. Meeting adjourned at 5:57 P.M. O w W w H U W U a O a O U .- a� w N a z� w ` N H d aA r.+ �i II II II II II �coO4I I X >C >t yC yC M z z z z z ta c 0 � y L aA r.+ �i II II II II II �coO4I Approved Minutes February 2011 MINUTES 2b(4) SENIOR CENTER COMMISSION FEBRUARY 17, 2011 ROOM 208, IOWA CITY /JOHNSON COUNTY SENIOR CENTER Members Present: Jay Honohan, Sarah Maiers, Jean Martin, Merce Bern -Klug, Rose Hanson Members Absent: Michael Lensing, Chuck Felling Staff Present: Linda Kopping, Kristin Kromray Others Present: Alexa Pietan RECOMMENDATIONS TO COUNCIL: None. CALL TO ORDER: The meeting was called to order at 4:00 PM. Jay Honohan chaired the meeting. APPROVAL OF MINUTES FROM JANUARY 20, 2010 MEETING: Motion: To accept the minutes from the January 20, 2010 meeting. Motion carried on a vote of 5/0. Martin /Maiers. PUBLIC DISCUSSION OF ITEMS NOT ON THE AGENDA: None. COMMISSION ASSIGNMENTS: Honohan will visit the Board of Supervisors on February 24t ". Maiers will visit the City Council. REPORT FROM LEASE REVIEW COMMITTEE Maiers reported that Honohan and Kopping met and decided that there were some changes that needed to be made to the lease with Elder Services. This small group will meet again before meeting with Elder Services or reporting to the Commission again. The current lease with Elder Services is a month to month lease. Kopping reported that she would like to know who is paying for the meals that are being Approved Minutes February 2011 served. Kopping noted that Heritage will not pay rent on any of their facilities, however that some of the meals are paid for by the Elder Waiver Program. Kopping noted that the Senior Center receives a report from Elder Services on how many meals are served at each location and delivered. However, there is no indication what money is funding which meals. The Senior Center may be able to recoup some costs associated with the meal program as long as it is not based on funding from Heritage. In addition the Commission would like to have list of all pieces of equipment and who owns them. Bern -Klug said the Senior Center should be able to decide, regardless of Heritages rules, if the Center needs to be compensated for funding the meal program. Kopping stated that Heritage will not pay for rent in any capacity. However, it may be possible to distinguish that a certain percent is being funded through the Congregate Meal Program and that the remaining percentage could be asked for payment. Maiers stated that even if the Center does not ask for that money, we should still know how much money the Center is donating to support the Meal Program. Burn -Krug asked if it would be possible to have two separate leases. One for Heritage meals and one for meals that Elder Services makes for other outside places, such as Emmerson Point. Berg Krug noted that Heritage is supposed to be doing programming. These programs are required by the Older American act. Also, Berg -Krug would be interested in some sort of joint funding between the Senior Center and Elder Services or Heritage. Kopping was positive about this idea. The Commission discussed the possibility of Elder Services using Community Supported Agriculture to obtain fresh, locally grown foods. OPERATIONAL OVERVIEW Kopping reported that Iowa City Hospice is spearheading a program called Advanced Care Planning Community Initiative. The goal of this program is to get the community to have advanced care directives that are thoughtfully and knowledgably prepared and updated on a regular basis. These would be available to each of the areas hospitals so that in the event it is needed it will be easily accessible. The Senior Center is going to be a pilot site during the first year. Kopping is on the steering council and the taskforce for document storage and retrieval. Kopping envisions that volunteers would be available on an ongoing basis for Approved Minutes February 2011 counseling and education. Kopping reported that she believes that many people do not speak with their families before these documents are needed. Gunderson Lutheran Foundation is the organization Iowa City Hospice has contracted for this program. The total cost for three years is $60,000. Iowa City Hospice will pay for 25 %. Other organizations have committed between $2,000 and $15,000. Kopping met with Tom Markus to reallocate funding in the current budget totaling $12,000; $6000 this fiscal year and $6000 next fiscal year. Bern Krug commented that SCTV might be an important component in getting this information out to the public. Kopping noted that the City of Iowa City has banned guns and the Senior Center is going to put up signs regarding this. Robin Hepker has been working on a new logo and informational brochure for the Senior Center and Friends of the Center. The Community Outreach committee has approved a new logo for the Senior Center. Motion to approve the new logo for the Senior Center. Motion carried 510 Martin /Maiers. COMMISSION DISCUSSION None. ADJOURNMENT: Motion: To Adjourn. Motion carried on a vote of 5/0. Maiers /Martin. �o C: N co 70 =3 a) L > O a) CL Q C O E L- �N N OO U v L � V L fn Q i- c L X c E O E C QJ N N E f0 -0 Cl) O o a Q Q Z Z II II II II W II x O o Z O Y r M x x x o x x 0 N N O X x x x X r O U) N , N co c`') N N X W M co M M CO M M N N N N N N N O N m — a) to N cn C p J v � 2 O N N U U 1: O cn >, U_ i cu Z U —oi �Y c L X c E O E C QJ N N E f0 -0 Cl) O o a Q Q Z Z II II II II W II x O o Z O Y