HomeMy WebLinkAbout04-16-2009 Planning and Zoning Commission
PLANNING AND ZONING COMMISSION
Thursday, April 16, 2009 - 7:30 PM
Formal Meeting
Iowa City City Hall
Emma J. Harvat Hall
410 E. Washington Street
AGENDA:
A. Call to Order
B. Public Discussion of Any Item Not on the Agenda
c. Zoning Code Item
Discussion of amendments to the Zoning Code to regulate Drinking Establishments and Alcohol Sales
Oriented Retail Uses and to establish minimum spacing requirements between such uses.
D. Consideration of Meeting Minutes: March 30 & April 2, 2009
E. Other
F. Adjournment
Informal
Formal
June 15
June 18
MINUTES
PLANNING AND ZONING COMMISSION
MARCH 30, 2009 - 6:00 PM - INFORMAL
CITY HALL, EMMA J. HARVAT HALL
PRELIMINARY
MEMBERS PRESENT:
Charlie Eastham, Ann Freerks, Michelle Payne, Wally Plahutnik,
Tim Weitzel, Elizabeth Koppes, Josh Busard
MEMBERS ABSENT:
None
STAFF PRESENT:
Bob Miklo, Karen Howard, Christina Keucker,
Sarah Greenwood Hektoen
OTHERS PRESENT:
None
CALL TO ORDER:
The meeting was called to order at 6:00 p.m.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
ZONING CODE ITEMS:
Discussion of amendments to the Zoning Code to regulate Drinking Establishments and Alcohol
Sales Oriented Retail Uses and to establish minimum spacing requirements between such uses.
Howard shared data requested by the Commission regarding the numbers of liquor licenses in the
downtown area over time, illustrating that there had been over a 50% increase in the number of licenses
issued for on-premise alcohol sales in the last 10 years.
Koppes asked if temporary liquor licenses would be affected by these regulations for festivals on the
pedestrian mall and the like. Greenwood Hektoen said that she did not think there was an instance
where they would apply. Howard concurred stating the that zoning regulations affected private property
not use of the City Plaza, which was governed by a different set of regulations.
Eastham asked if the sidewalk cafes would be affected. Howard explained that sidewalk cafes were
governed by a different set of rules and that the proposed regulations would not have an affect on
sidewalk cafes.
Eastham said he had no doubt the City should regulate bars downtown, but that the separation approach
was bothersome to him because he can only find about six drinking establishments that would be allowed
if all grandfathered businesses were turned over. He thinks the separation approach also limits the
commercial real estate market downtown. Eastham said he prefers an approach based on concentration,
strictly on the numbers of liquor permits. Howard said she was not sure how that would work.
Greenwood Hektoen said it could possibly done with restrictive covenants. Miklo said he did not know
that it would be a zoning issue in that case. He said one of the difficulties is that the State regulates the
liquor licenses, and the City'is not necessarily allowed to restrict the number of liquor licenses issued.
Payne asked how Eastham felt about a 250-foot separation rather than the 500 feet, and he said
Planning and Zoning Commission
March 30, 2009 - Informal
Page 2
somewhat better.
Miklo said Staff had looked at ordinances from all over the country and found the separation requirement
to be the most common means of regulating the number of bars. Payne asked if 500 feet was a normal
range. Miklo said it was. Howard noted that any number of restaurants with liquor licenses could locate
in an area; only establishments that were open after midnight would be considered drinking
establishments and be affected by the proposed separation requirement.
Koppes said that the number of liquor licenses was less this year according to the table. She said that
she does not feel comfortable making everyone of these establishments non-conforming; she doesn't
think it is smart. Miklo said that if bars start closing, there could be some places where existing bars
would become conforming. Miklo said that City Council's concern is that there are too many bars.
Koppes said it seems wrong to put such restrictions on people's property. Payne asked if the idea was to
curb underage drinking or over-consumption. Miklo said both, as well as the spillover of activity that
occurs on the Pedestrian Mall and in the streets late at night. Howard said she thought the issue was
largely one of concentration. Miklo said that in terms of land use, a concern is that as more and more
storefronts are taken up by bars, there become fewer and fewer businesses operating downtown during
the daytime hours. Freerks noted that the goal of having a viable downtown was a complex issue
requiring a lot of thought.
Howard said that if the concern was that there were too many bars, then making some of the bars
nonconforming might not be a bad thing. If it is a matter of wanting less than 46 drinking establishments
but more than 10, then perhaps the separation number needs to be adjusted. Miklo said that in the future
it would be a lot easier to relax the regulations if it was found that there were too few bars; whereas, if too
many are allowed to establish then they will be much more difficult to get rid of. Howard said there are
non-conforming uses in the city that have been in place since the 1920's.
Busard asked if restaurants could quickly become bars causing a rush of new concentration between the
time this ordinance is passed and when it becomes official. Miklo said he does not see that happening.
Eastham said he did not see a way to alleviate Koppes' concerns. Eastham asked Staff to look at a
smaller separation requirement. Howard said that would be the easiest thing to change. Miklo said given
Council's concerns he was not sure Staff would advise that, but that they could research it. Miklo said he
could be wrong but he got the sense that the majority of Council wanted to see an actual decrease in
numbers and not just the status quo. Howard said one way to think of the issue is how many bars per
block would the Commission like to see; what is a reasonable number or concentration. Miklo said that
he believes Des Moines is the only city in Iowa to regulate the separation of bars.
Freerks asked what the timeline is on this. Miklo said the Commission could take as long as they want,
but that the longer they wait the more bars that could be established in the downtown area. He said
Council was working on a number of initiatives to curb underage drinking and overconsumption of
alcohol.
Busard noted that he had a conversation with Matt Hayek that touched on this topic and college binge
drinking in general. Koppes said she spoke with Mike O'Donnell but did not talk about anything before
the Commission. Greenwood Hektoen said that if Commissioners were making recommendations to
Council, then any outside communications with them should be disclosed. Miklo said that a recent
Supreme Court case reiterated the point that the public should be aware of such conversations so that
there is no appearance of something going on behind the scenes.
Howard noted that the suggested language of the ordinance has now added the words "on a regular
basis" concerning drinking establishments open between the hours of 12 & 2 AM.
REZONING ITEM
Planning and Zoning Commission
March 30, 2009 - Informal
Page 3
REZ09-00001: Discussion of an application submitted by the Northside Neighborhood Association
for a rezoning of approximately 23.25 acres of property located along the 300-500 blocks of Gilbert
Street, the 300-700 blocks of Linn Street, the 200-300 blocks of Church Street, the 200-500 blocks
of Fairchild Street, and 200-400 blocks of Davenport Street from Neighborhood Stabilization
Residential (RNS-12) zone to Historic District Overlay Neighborhood Stabilization Residential
(OHD/RNS-12) zone and from Medium Density Single Family (RS-8) zone to Historic District
Overlay/Medium Density Single Family (OHD/RS-8) zone.
Kuecker said that a portion of this area is already on the National Register, and that the Comprehensive
Plan, Central District Plan and Historic Preservation Plan all advocate for this neighborhood to receive a
local historic preservation designation. Preservation is used as a stabilization tool. The north side is Iowa
City's oldest area.
Kuecker said it is clear that the preservation of this neighborhood is advocated by all relevant plans. The
Historic Preservation Commission voted unanimously for this. Eastham asked if there was any way for
individual property owners to change their properties as "contributing" or non-contributing. Non-
contributing homes are generally 50 years old or older but have been altered to have their contributing
details removed. Miklo noted that if a property owner came forward with new information it could possibly
be changed. Kuecker noted that non-contributing properties can be demolished without the same
stipulations of the contributing properties.
Eastham asked Kuecker about goal #2 of the Historic Preservation Plan that calls for a streamlining of the
process and what the progress was toward achieving that. Miklo said the ordinance pretty much confines
the Commission's role to reviewing the Comprehensive Plan and the zoning code and how it relates to
the application. Freerks asked if there was a timeframe for this application and Miklo said it was up to the
Commission.
Miklo said that the underlying zone defines uses, whereas the historic overlay affects the external
appearance. Freerks said that the City does not require changes for properties in the historic overlays.
Payne asked if it was a misunderstanding on the letter writer's part that they would not be able to do what
they wished with the use of their property and Freerks said that it was indeed.
COUNTY REZONING ITEMS:
CZ09-00002: Discussion of an application submitted by Richard Wonick for a rezoning of 39.92
acres from County Agriculture (A) to County Residential (R) zone located east of Buchmayer Bend
NE and west of Highway 1 NE.
Miklo said that the applicant has revised their plan to create the required 50% open space. Miklo said
there is still the consideration that the County is changing its Land Use Plan, so the Commission will defer
to the County as to whether this subdivision complies with their land use standards. Miklo suggested an
alternative arrangement of the homes, with shorter cul-de-sacs and improvements to Buchmayer Bend to
chip-seal surface.
Eastham asked if this could be deferred until the County makes its decision. Miklo said the County can
make that decision once the recommendations are received. Miklo said that the Fringe Area Agreement
states that cluster-design is required.
OTHER:
1. Discussion of a request to consider an amendment to the zoning code to allow accessory
apartments in the Neighborhood Stabilization Residential (RNS-12) zone.
Formerly these apartments were only allowed if an elderly or disabled person resided in them and the
owner-occupant resided in the other premises. In 2005 the regulations were liberalized to lift the
Planning and Zoning Commission
March 30, 2009 - Informal
Page 4
elderly/disabled requirement. At the time certain neighborhoods were left so that accessory apartments
were not legal; specifically, the RNS-12 zone.
Recently a letter-writer asked the Commission to allow the establishment of accessory use apartments in
the RNS-12 zone. Freerks said there had been a lot of conversations on this topic, and that she
remembers that there were very good reasons not to allow these in the RNS-12 zone. She said it
requires a lot of thought.
Miklo explained that there were over-occupancy concerns in the RNS-12 zone. Eastham asked if the.
property has to be occupied by the owner. Miklo explained that one property does and one does not, but
it does not matter if the owner is in the accessory apartment or the house proper. Freerks said it is a
really complicated issue, and the density of the area is a big issue. Koppes said this seemed like a much
more global issue than just an issue of the letter writer's property. Freerks said there is no good way to
enforce these apartments once they are established.
Koppes said that all she would want to discuss on Thursday would be whether or not to put it on the work
list. Freerks agreed.
2. Discussion of retaining Interim development (ID-RS) and Rural Residential (RR-1) for a portion
of Country Club Estates (Outlot D).
Miklo reminded Commissioners that this had already come before them. He said that the issue of
Slothower Road has not yet been resolved, and that Council has expressed an interest in more
clustering. The applicant initially submitted a plan for 124 townhouses and Staff rejected it saying it did
not fit the character of the area. Miklo said that Staff had taken the applicant's design and added open
space to it. The City Engineer said he feels like he can save the nearby trees.
Miklo asked if Commissioners wished to meet with the Council to argue for the configuration the
Commission had come up with. Payne said Council had expressed concern about the trees that might be
lost, and concern about the citizens being upset by the project.
Eastham said as he recalled it the Council would approve the proposed design without any clustering.
Eastham said he was not in disagreement with the City Council but felt that a meeting with them could be
productive. Eastham said that there is a question for him about whether or not a 100 foot buffer was
worth exploring.
Freerks said she felt it might be a bit out of order for the Commission to create a different process for
working with Council prior to a vote.
Greenwood Hektoen explained that Council only wished to meet on the Outlot D issue if the Commission
wished to persuade them.
Freerks said it would set a messy precedent. Eastham briefly summarized what the Council had said on
the matter at their last meeting, explaining why he believed there may not be a majority of Council
members ready to vote in favor of this plan. Eastham said he definitely supported clustered housing in
this area and the possible realignment of Rohret Road to minimize affect on neighbors to the south.
Eastham listed other possible ways to improve the overall design of the subdivision. Miklo said that at
this point such considerations are not on the table.
Miklo said that right now, with the direction Council is going, the Commission will have another shot at
both the zoning and the plat for this project. Miklo said that if the Commission was fine with the layout of
the previous plan and only care that it is RS-5, then the Commission should take the position of meeting
with the Council to convince them of that. Going forward in the direction Council is going gives the most
leverage for the Commission, Staff and the neighborhood, Miklo said.
Planning and Zoning Commission
March 30, 2009 - Informal
Page 5
Greenwood Hektoen explained that the Commission had already approved the rezoning for the areas
other than Outlot D, as had the Council.
Freerks asked how far the Commission can go to mandate clustered housing. Miklo said the developer
will have to get this rezoned regardless.
There was a discussion as to whether this matter needed to be discussed at the formal meeting or if it
could be taken care of in the informal. Eastham said he felt it might be beneficial to meet with the
Council. The remainder of the Commission said they were comfortable not meeting with the Council. It
was decided to discuss the matter at the formal meeting.
ELECTION OF OFFICERS:
Eastham asked if Freerks would consider Chairing again next year. Freerks said she would consider
doing one more year. When asked, Plahutnik said he was comfortable remaining as Secretary of the
Commission and Koppes was willing to remain as Vice-Chair.
OTHER:
Miklo noted that Commissioners had received correspondence on the Northside neighborhood issue, as
well as a copy of the Historic Preservation Commission's minutes.
Miklo noted that Commissioners were welcome to attend the public planning session for the Southeast
District.
Eastham asked if there was anything coming up in the next two months dealing with planning and land
use in floodplain areas. Miklo said he did not believe so.
The meeting was adjourned as 7:18 p.m.
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MINUTES
PLANNING AND ZONING COMMISSION
APRIL 2, 2009 - 7:30 PM - FORMAL
CITY HALL, EMMA J. HARVAT HALL
PRELIMINARY
MEMBERS PRESENT:
Ann Freerks, Josh Busard, Charlie Eastham, Elizabeth Koppes,
Tim Weitzel, Michelle Payne, Wally Plahutnik
MEMBERS ABSENT:
None
STAFF PRESENT:
Bob Miklo, Karen Howard, Sara Greenwood Hektoen
OTHERS PRESENT:
David Kieft, Judith Pascoe, Claire Sponsler, Dana Thomann,
Ginalie Swaim, Mark Pries, Lindsay Bunting Eubanks, Bruce
Brechtol, Julianna Tumoczko Poe, Walter Kopsa, Marshall Poe,
Will Jennings, Christina Willou, Larry Jewell
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order at 7:34 p.m. by Chairperson Ann Freerks.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
ZONING CODE ITEMS:
Discussion of amendments to the Zoning Code to regulate Drinking Establishments and Alcohol
Sales Oriented Retail Uses and to establish minimum spacing requirements between such uses.
Howard briefly summarized the matter before the Commission. She stated that the City Council had
directed Staff to craft zoning code that had the goal of reducing the concentration of bars and liquor
stores in the community, particularly in the downtown area. The draft regulations require a separation of
500 feet between bars and 1,000 feet between new liquor stores. The first order at hand for Staff was to
define what a "drinking establishment" or bar is. Staff defined a drinking establishment as a business: 1)
whose principal activity is eating and/or drinking, 2) is licensed by the State to sell alcohol for
consumption on-site, and 3) is open on a regular basis anytime between the hours of midnight and 2:00
a.m. Howard said this definition precluded any restaurant that has a liquor license but closes prior to
midnight from being affected by this regulation. Howard said that for establishments whose primary use
is not eating and/or drinking but that do sell liquor and remain open past midnight, such as bowling alleys,
theaters, and restaurants and bars associated with hotels and motels, the regulations would not apply.
Planning and Zoning Commission
April 2, 2009 - Formal
Page 2
Howard said that any retail establishment that has been issued a Class E liquor control license or wine or
beer permit that allows the sale of alcoholic beverages in closed containers for off-premise consumption
would be considered a liquor store or "Alcohol Sales Oriented Retail Use." Howard said these
establishments could apply for an exemption from the regulation if the alcohol sales constitute less than
25% of the gross yearly income (uses such as grocery/convenience stores).
Howard said the separation requirements are 500 feet distance between any two drinking establishments
and 1,000 feet between alcohol sales oriented retail uses. Howard said that Staff is suggesting that
alcohol sales oriented retail uses only be regulated in the downtown zones, as there are not likely to be
concentration problems in other parts of the community. This would also avoid placing undue
administrative burdens on Staff and other retail businesses such as Hy-Vee, Wal-Mart and the like, to
have to declare their income to the City each year when renewing their liquor licenses.
Existing businesses that do not meet the separation requirement would be grandfathered in and would be
considered legally non-conforming uses for as long as the establishment remained a bar or liquor store.
The legally nonconforming status would be lost if the building changed to a different use; once it changes
from a bar or liquor store it could not be changed back into one. As with all nonconforming uses, these
establishments would not be allowed to expand or change the footprint of the current building, although
an exception has been inserted into the regulation to allow for the addition of sidewalk cafes. Interior
changes and remodeling are allowed so long as the footprint of the exterior does not change.
Howard shared a map of the establishments that sell off-premise alcohol in the downtown area, which
demonstrated overlap in the 1,000 foot separation requirement, meaning that no new liquor stores could
likely be established in the downtown area if this regulation were passed.
Howard noted that the Commission had requested data on the trends of new bars in the downtown area
for the last ten years. Howard shared a graph with that data which indicated that there has been
approximately a 50% increase in Class C liquor licenses issued for the area in the last ten years. She
noted a seeming spike in 2006 was actually the result of an erroneous duplication in data.
Howard shared a visual aid representing 500 feet separation of drinking establishments in the downtown
area, demonstrating a marked concentration of bars in the CB-1 0 zone.
Howard noted that Commissioners had asked for information on the possible implications of having a
smaller separation between bars, and whether that might not be a more reasonable standard. Howard
shared a graphic representing a 250 foot separation for the existing establishments downtown. She said
250 feet still seemed to provide coverage for the majority of the downtown, though it does provide some
opportunity for future drinking establishments in the outlying areas.
Howard noted that there has been a great deal of discussion on the implications for the current downtown
businesses, but that there should be no affect on these businesses as they will all be grandfathered in.
She said that they would only be affected if a current bar changed to a different use, as it would not then
be able to be changed back into a bar. She said that in the near-term for sure, and possibly for the long-
term there will still be a large concentration of bars in the downtown area. Howard said that the City has
indicated that downtown should grow to the south of Burlington Street. Howard said that these would be
newly redeveloped areas and it would be wise to think about what kind of concentration of drinking
establishments and liquor stores is acceptable as the downtown grows southward. She said that the
question is: what is a reasonable standard for future growth? Howard pointed out the number of bars and
liquor stores that have recently been established on south Gilbert Street with its recent redevelopment,
and asked Commissioners to think about what direction they would like to see other areas south of
Burlington Street take as it is redeveloped.
Howard offered to answer any questions the Commission might have.
Eastham asked for clarification on the number of drinking establishments and liquor stores along south
Gilbert, which Howard said there were seven and pointed their locations out on the map.
Planning and Zoning Commission
April 2, 2009 - Formal
Page 3
Miklo noted that Staff is comfortable with the possibility of reducing the separation limit to 250 feet if the
Commission chooses to do so, as they believe it will still be a fairly effective way to ensure that there are
not a number of new bars established downtown.
Freerks asked if there were questions for Staff from the Commission. As there were none, she opened
the public hearing.
David Kieft, representing the University of Iowa, asked if the Commission had a desire to continue this
matter once more. He said that without speaking to the merits of the case, the University had several
research experts in the field of binge drinking in college towns and would like the experts to provide the
Commission with additional information on the relationship of binge drinking and excessive alcohol use to
the easy accessibility to alcohol. Kieft noted that both experts happened to be out of town for the present
meeting, but that they have expressed a strong interest in providing the Commission with additional
information. He said the information would be for background and statistical purposes, not to speak to
the merits of these particular regulations.
Freerks asked if the experts would be available for an upcoming meeting and Kieft said he believed they
would be.
There was no one else who wished to speak to the matter and the public hearing was closed.
Freerks asked for a motion. She said that there was an option to continue for additional information.
Eastham moved to defer this item until the next Planning and Zoning meeting.
Weitzel seconded.
Eastham said that he would like to hear more information from the University experts about the effect of
binge drinking on student health.
Busard said he wished to disclose that in a separate conversation with Council member Matt Hayek this
issue came up. He said that the matter was not the focus of the conversation, and that he remained
impartial on the issue. He added that he was not really in favor of deferral as he saw the matter as more
of a comprehensive planning issue for the downtown area. He said that he did not necessarily believe
the regulations would curb binge drinking as there would still be plenty of bars to go around.
Weitzel said that the input from the binge drinking experts might be more appropriate for the City Council
to hear if things progress to that stage.
Freerks said she was interested in more input on the matter. She said that so much time and effort has
been put in over the years surrounding the issue of binge drinking that she felt that waiting for more freely
available information was appropriate. She said this would also give anyone with concerns the
opportunity to attend the next meeting.
A vote was taken and the motion to defer was passed on a vote of 4-2 (Plahutnik abstained from
the issue; Busard and Weitzel voted no on deferral).
REZONING ITEM
REZ09-00001: Discussion of an application submitted by the Northside Neighborhood Association
for a rezoning of approximately 23.25 acres of property located along the 300-500 blocks of Gilbert
Street, the 300-700 blocks of Linn Street, the 200-300 blocks of Church Street, the 200-500 blocks
of Fairchild Street, and 200-400 blocks of Davenport Street from Neighborhood Stabilization
Residential (RNS-12) zone to Historic District Overlay Neighborhood Stabilization Residential
(OHD/RNS-12) zone and from Medium Density Single Family (RS-8) zone to Historic District
Overlay/Medium Density Single Family (OHD/RS-8) zone.
Planning and Zoning Commission
April 2, 2009 - Formal
Page 4
Miklo pointed out the general boundaries of the district on an overhead map. He outlined an area of the
district that was actually already included in the National Register of Historic Places as the Gilbert-Linn
Street historic district. Miklo said the boundaries of the proposed local historic district would correspond
with those boundaries with the addition of properties on Gilbert Street, Fairchild, Ronald Street, and up to
the Brown Street historic district. Miklo said the proposal was to connect this district to the Brown Street
historic district and to include more properties that are considered "contributing properties" to the areas
historic character, as well as to include the historic brick streets of Fairchild Street. Miklo shared a few
images of properties in the district demonstrating the general character of the area.
Miklo said that city code clearly defines the role of the Planning and Zoning Commission in reviewing
historic preservation overlay zones. Miklo stated that the Commission was to examine the proposed
district in relation to the Comprehensive Plan, the zoning code itself and any proposed public
improvements or plans for renewal in the area. Miklo said it was the role of the Historic Preservation
Commission to determine the general boundaries based on the historic nature of the properties. The
district before the Commission has been outlined by the Historic Preservation Commission. Miklo said
that it is the role of the City Council to consider the recommendations of both Commissions as well as any
relevant political considerations involved in the proposal.
Miklo said the Comprehensive Plan notes the importance of Iowa City's older neighborhoods and
references the use of historic preservation as a tool for maintaining the vitality of older neighborhoods.
Miklo said that several policy statements in the Comprehensive Plan support this effort. He cited a
passage in the "Arts and Culture" section of the plan (p. 39) which encourages the City to document and
preserve the City's cultural heritage and to continue to implement the Historic Preservation Plan. Another
section, "Housing Goals and Strategies" (p.45), encourages the City to preserve the integrity of existing
neighborhoods and the historic nature of older neighborhoods, and endorses the Historic Preservation
Commission's efforts to meet these goals. The "Land Use" section of the plan (p.47), which Miklo
described as perhaps most pertinent to the Commission, encourages the City to protect historical and
natural environmental features of the city, and to continue to implement the Historic Preservation Plan.
Miklo said that the recently adopted Central District plan speaks broadly to the City's commitment to
preserve older neighborhoods and to improve the quality of life for their residents. The Central District
plan contains strategies to help accomplish this, including: enforcement of neighborhood nuisance
ordinances, support for neighborhood associations, supporting of reinvestment in the housing stock in
older neighborhoods, and encouraging a balance of home ownership and rental properties. The Central
District Plan specifically supports the Historic Preservation Plan as a way of implementing these efforts
and supports the designation of the Gilbert-Linn Street area as a local historic district.
Miklo said that the Commission is given specific direction by the Historic Preservation Plan to broadly
preserve historic neighborhoods by implementing similar strategies as outlined in the Central District Plan,
and by designating the Gilbert-Linn Street area as a local historic district in the short term.
Miklo said that the Commission is charged with considering the Comprehensive Plan in this matter, as
well as the underlying zoning and whether or not the proposed historic overlay is compatible with that
zoning. Miklo offered the example that an area zoned as high-density residential or intense commercial
may not be appropriate for a historic district designation as the zoning is geared toward redevelopment.
Miklo said that in this case, the majority of the area in question is zoned RNS-12, a zone specifically
designed to stabilize single family areas. The northern portion of the district, near Ronalds Street, is
zoned RS-8, Medium Density Single Family, which is intended to provide small-lot single family homes
and to create a livable residential environment. The proposed historic overlay zone is compatible with
both of the underlying zones for this district, Miklo said. Miklo noted that some correspondence sent to
the Commission raised the concern that the overlay zone would prevent someone from using their
property. Miklo said that this was not the case; that it was the underlying zone that controlled the
allowable number of units, density, height and setbacks. Miklo said the overlay zone would speak to the
architectural character of the buildings built there.
In regard to the consideration of public improvement or renewal plans for the area, Miklo said, the City's
stated policies and plans are to encourage reinvestment in the current housing stock in this area. If some
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sort of urban renewal district or a major highway were planned for the area, a historic overlay zone might
not be appropriate; however, that is not the case here.
Miklo said there had been several studies that have been done across the nation that indicate that historic
district status helps stabilize and improve neighborhoods and property values. Miklo said it was clear that
this proposed district is in compliance with the Comprehensive Plan.
Miklo said that based on all three aspects which the Commission has been charged to consider - the
Comprehensive Plan, the zoning code, and any renewal plans for the area - this proposed historic district
fulfills all requirements. Therefore, Miklo said, Staff recommends approval of the Northside Neighborhood
as a historic preservation overlay zone. Miklo offered to answer any questions Commissioners may have.
Busard asked how many people came to the meeting held by the Northside Neighborhood Association as
a part of its good-neighbor efforts in publicizing this application. He asked if there was a democratic
process involved in the neighborhood association's decision to submit this application. Miklo responded
that this would be something for the neighborhood association to address. Miklo said that it is his
understanding that the neighborhood association did have a meeting where their members agreed to
submit the application and had at least one follow-up meeting.
Greenwood Hektoen asked that Commissioners disclose any ex parte communications that might have
taken place with anyone outside of City staff regarding this matter. No one had anything to disclose.
Eastham commented that he had asked the question of Staff what progress was being made to meet goal
#2 in the Historic Preservation Plan regarding updating the historic preservation guidelines and stream
lining the review process. Eastham noted that Staff had written a memo in response to that question and
thanked them for taking the time to do so. He said that at some point the Commission should address
that memo.
Payne asked if the National Historic District designation had specific rules as the local designation did
governing what can happen to a property. Miklo said the National Register of historic places comes into
effect when there is federal money being invested into a neighborhood, for example a publiC works
project receiving federal funds. Miklo said such a project would have to take into account how it might
affect either negatively or positively a National Historic District. If someone received a federal funds, the
Secretary of Interior standards would have to be followed. The National Historic District also provides for
some tax credits and benefits. However, Miklo said, in terms of what an individual property owner does if
there is no federal money involved there is no federal control; someone could demolish a National
Register property without any stipulations unless it is also designated as a local landmark or historic
district.
Freerks opened the public hearing.
Judith Pascoe, 317 Fairchild Street, introduced herself as the coordinator for the Northside Neighborhood
Association. She noted that the meeting place for the Commission meeting was in Emma Harvat hall,
and that the Emma Harvat house stands in the Northside neighborhood. Pascoe stated that Emma
Harvat was the first female mayor of Iowa City. Her house was designed by QiH.Carpenter. a renowned
local architect who is responsible for some of the most beautiful older homes in Iowa City. Pascoe noted
that eight of these houses are in the proposed Northside historic district, one reason that this application
met with unanimous approval from the Historic Preservation Commission. Pascoe said that Emma
Harvat's house, owner-occupied, stands across the street from Shelter House, a mecca for Iowa City's
homeless population, and across from student rental property. Pascoe said that these kinds of
juxtapositions are what make the north side stand out as a utopian neighborhood which from its earliest
days was one of the most socio-economically and ethnically diverse places in Iowa City. Pascoe said the
Northside neighborhood has long allowed for the most affluent businessman and bohemian laborers to
live side by side.
Pascoe said the Northside Neighborhood Association initiated this process as a stabilization effort, aimed
at off-setting market forces that threatened the neighborhood's social and architectural history.
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Discussions about the historic district designation began last fall at a neighborhood association meeting
to which everyone in the neighborhood was invited. That discussion was announced in the Northside
Neighborhood Association newsletter that went out to residence. Pascoe said the discussions continued
at the January meeting where participants started to apply for the local historic district designation.
Pascoe said that the association supplemented the City's official notification process by sending out
mailings to neighbors and property owners, distributed both door-to-door and through the mail. The same
process, Pascoe said, was used to distribute invitations to a historic preservation forum held at Horace
Mann School on March 26th.
Pascoe quoted the Central District Plan's "Housing and Quality of Life" section as promoting the Central
District as an attractive place to live by "encouraging neighborhood associations to advocate for specific
improvements." Pascoe noted that another stated aim of the Central District Plan was to support the
goals and objectives of the Historic Preservation Plan, which advocates designation of the near-northside
as a local historic district. Pascoe said that the Northside is a model of the dense, transit-friendly
neighborhood that many urban planners seek to emulate in newer neighborhoods. Pascoe said that it is
currently cost-prohibitive to build houses to the level of craftsmanship and of the quality of materials that
were routinely used when her neighborhood came into existence. Pascoe praised north side residents as
being "green" before it was popular to do so, by hanging their clothes to dry on clotheslines and building
their homes to last.
The proposed near-northside local historic district accords perfectly with the Central District plan's goal of
ensuring the stability and livability of Iowa City's older neighborhoods, so as to preserve the culture,
history and identity of the city itself, Pascoe concluded.
Claire Sponsler, 413 North Gilbert Street, stated that perhaps the most important thing she could say
about the proposed historic district is that the rezoning is in accordance with the 1992 Historic
Preservation Plan, the 1997 Comprehensive Plan, and the 2007 Central District Plan (two of which she
was involved with as a neighborhood resident). Sponsler said that there is a long tradition in Iowa City of
planning support for historic overlays. She said that it is likely that this zoning will have beneficial
outcomes in terms of ensuring the neighborhood's continued socio-economic diversity while also ensuring
that affordable housing is not lost in the neighborhood. Sponsler said the historic overlay will help
stabilize the neighborhood for families that want to move there and will help preserve the historic
character of houses in a way that will enhance the lives of owner-occupants, landlords and renters.
Historic overlays encourage investment in older neighborhoods, Sponsler said, and have a ripple effect
that will lessen traffic problems, keep neighborhood schools alive, and limit sprawl. Sponsler said that
historic districts can actually have the effect of preserving affordability because they provide access to
grants, loans and tax credits that would otherwise not be available. Sponsler said that it is reasonable to
believe that the near-northside will prosper with this rezoning.
Dana Thomann, 208 Fairchild Street, said that she owns her property jointly with her sister. The pair
purchased the home in 2001 from a woman who had owned it since 1969. Prior to that, Thomann's
great-great grandparents and great grandparents had owned the home. Thomann said that her house
has quite a history to it, with five generations of her family having been in the home. On her daily walks
to work, Thomann said, she always notices something new, unique and interesting about the homes in
her neighborhood. She said that her great-grandparents kept a lot of photographs of Iowa City and the
Northside neighborhood, and that it is really fun to look at the photographs and see how the
neighborhood has changed. She said it is sometimes sad to note the way some architectural details and
other aspects that lent homes character have been removed. Thomann said that this rezoning was
important to her and her sister because of their personal history; however, she said, as she speaks with
young people her age she has noticed that they are invested in this idea of historic preservation and have
an appreciation for old things and for history. She asked that the Commissioners keep that in mind as
they consider this proposal.
Ginalie Swaim, 1024 Woodlawn, said that she represents her historic district on the Historic Preservation
Commission. Swaim noted that she was about Thomann's age when she lived in her first historic home
as a renter in the Northside when she was in colege. She said that she had chosen that home because
of the character of the neighborhood and the older homes there. She said that many of residents who
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stayed near that neighborhood were pretty dismayed in the late 1970's when several of the houses were
being demolished in favor of four-plexes and apartment buildings. Swaim said that Iowa City put a
moratorium on demolishing old houses in the area, deeming the neighborhood worth saving. She said
this was an acknowledgement that the neighborhood had something critical in its character that was
essential to what Iowa City is. Because of the City's action, the neighborhood was saved. Swaim said
that 30 years later, it is time to take the next step in recognizing the importance of this neighborhood.
Swaim said that one can be a college renter in a historic neighborhood and absorb the ambience and
appreciate and cherish that neighborhood. She said that her experience speaks to the ongoing love and
respect that people have for this neighborhood and she hopes the Commission's actions reflect that.
Mark Pries, 1128 Denbigh Drive, introduced himself as the senior pastor at Zion Lutheran Church. He
said that while he does not reside in the neighborhood, many of his parishioners do. He said that his
congregation has made a commitment to be in that neighborhood, and that they are excited about what a
historic district designation could mean for the neighborhood as a whole. He stated that he wished to
encourage the adoption of this designation and that he believed it was a quality of life issue.
Lindsay Bunting Eubanks, 1618 Aber Avenue, said that she was the Chair of the Historic Preservation
Commission. She said she simply wished to reiterate what had already been said on behalf of adopting
the local historic district designation for the Northside neighborhood. She said the application was
approved because it was already a part of the Historic Preservation Plan. She noted that the Historic
Preservation Commission did not pursue this application, but that it was the Northside Neighborhood
Association that brought the matter up. She acknowledged that at the meeting she attended sentiments
for the historic district were divided between those in owner-occupied properties and those in
landlord/tenant properties. On the whole, Bunting Eubanks said, the neighborhood was worth preserving.
She noted that the neighborhood was already on the National Register. She also noted that if enough
homes are demolished or changed so that the historic character of the neighborhood is changed, the
neighborhood can actually be de-listed from the National Register. She said that the local designation
would help to protect that status, and to keep the neighborhood vibrant and encourage a certain amount
of economic stability.
Busard asked Bunting Eubanks how the matter was smoothed over with the landlord/tenant residents of
the neighborhood, or if it even had been. Bunting Eubanks replied that the Historic Preservation
Commission had been working hard on public relations as there are a lot of misunderstandings about
historic preservation. She said that a common misunderstanding is that people are often unaware that
there are alternative materials that can be used in restoring older homes that are not as expensive as
wood siding would be. She said that the historic preservation standards and alternative materials
information are contained in a document linked to the City's website. She said another misconception is
that if you are in a historic district no changes can be made to your home. She said exterior changes can
be made, but they must be consistent with the character of the structure. Freerks asked if there were
requirements for upgrades if a neighborhood was designated historic. Bunting Eubanks said there were
not requirements for upgrades, but that transformations would be made to the home gradually over time
by the choices that were made when replacing such things as windows and siding. She said this
transformation was evident in the homes in other historic districts in Iowa City. Freerks asked if interiors
were affected by this designation; Bunting Eubanks said they were not.
Weitzel asked what the vote was on the submission of the application, and asked if there were any strong
sentiments against the application. Bunting Eubanks said that she did not think anyone was against the
vote as the designation is part of their Historic Preservation Plan, and was brought before the
Commission by the neighborhood.
Eastham asked Bunting Eubanks about goal #2 in the Historic Preservation plan which contains plans to
streamline or improve the process for obtaining certificates to make improvements. Eastham said that
Staff had written a brief memo that stated that the Historic Preservation Commission has a commitment to
obtaining many of those objectives. Eastham asked Bunting Eubanks to comment on that. He said that
some of the objections that he had noted in the minutes concerned not only the expense of materials, but
also the process involved in obtaining approval to work on homes in a historic district. Bunting Eubanks
said that there is a status known as "intermediate review," which Staff is working on rewriting so that
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smaller matters do not have to go before the full Commission and could be reviewed administratively by
Staff and the Chair. Bunting Eubanks gave the recent example of a set of concrete steps that someone
wanted to replace with wooden steps; this would not qualify for a certificate of no material effect because
the materials used are different, however, the new steps would be more in keeping with an older home.
With this process, the matter was resolved with a three day turnaround rather than having to wait for a
meeting of the full Commission. Bunting Eubanks said that one of the frustrations with bigger projects is
that people have a certain design in mind that may not be historically compatible. Bunting Eubanks said
more public relations work needed to be done in this area to encourage people to consult Staff early in
the process with their design ideas. Bunting Eubanks said that they are working on streamlining the
guidelines as well to help make them clearer.
Bruce Brechtol, 155 Jennifer Court, North Liberty, said that he owned property in the northside area. He
said that he felt like he was out of the loop because he had not seen any communication on the matter.
He said he might not be against the historic designation, but that he needed more information. He asked
if this was the same process that had been initiated in 2004. Miklo said that a similar process with a
slightly different area had come before the Commission in 2004. Brechtol said that he believed that at
that time Staff had also supported the historic designation but that a majority of the landowners had not.
Freerks said she believed that the City Council had chosen not to adopt the designation at that time. He
said that at that time he had heard that it would cost more to maintain the home, and he did not see how it
was possible that it would not. He said he is not a big, wealthy landlord; he lives in a 1,300 square foot
house with his six children and he needs to know how this might affect him and his property. He asked if
the City did not communicate with property owners until after such measures were passed. Miklo said
that a letter had been sent to all property owners of record and that he would check to see if one had
gone out to his property. He said he did not know if he was against the measure or not because so much
was unknown to him. He said he could live with a small cost increase, but not something substantial.
Freerks said that to be honest it was not for the Commission to speculate as to how his property would be
affected as assumptions could be made in either direction depending on many variables. Freerks said
that what the Commission looks at is not the same thing that the Historic Preservation Commission looks
at or even necessarily what the City Council looks at. What the Commission looks at is how it fits in with
the Comprehensive Plan, the zoning code, and whether urban renewal projects are affected. She said
that it was unfortunate that Brechtol did not see his letter and acknowledged that in all instances he
should have been contacted. Miklo said he would provide a copy of the letter and would be happy to sit
down with Brechtol and go over the applicable guidelines. Brechtol said he had an old house with over
30 windows in it that are not at all energy efficient. He said he did not know if it would be possible to
replace them with energy efficient windows in a historic preservation district. Weitzel said that it was
absolutely possible. Miklo said that it is not unusual for the Historic Preservation Commission to approve
replacement windows.
Brechtol asked if it was the City Council to whom he should lodge his concerns. Freerks advised him to
be in touch with the issue all along the process and to educate himself as much as possible so that he
can make his best decision. Brechtol asked that the matter be deferred as it was impossible to say how
many other property owners may be in the dark about this matter as he is. He asked that the historic
preservation designation not be rushed through.
Julianna Tymoczko Poe, 416 North Linn Street, said that her family was lucky to be able to live in a home
that had seen many generations of children grow up in it. She said that her family enjoyed living in a
neighborhood with students, and that they appreciated the vibrancy that it brings. She said there are a lot
of houses that are really beautiful and well-maintained by their landlords; she said that she can only
assume that this was something many tenants looked for in a home. She said that as members of the
neighborhood, she and her family value those landlords who are really contributing to the neighborhood.
She said one small concern was that there are some landlords who do not contribute to the neighborhood
in that way, and that tends to create a cycle of poor maintenance leading to poor tenants leading to poor
maintenance, etc. She said that she strongly supported this measure and that she felt it was an important
means to keeping the neighborhood blended.
Walter Kopsa, 130 Ashwood, said he owned properties at 320 and 324 Davenport Street. He said he had
the frequent pleasure of driving on the historic brick streets Staff had mentioned and that he believed they
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were responsible for some of his undercarriage problems. He asked how many people were at the
Northside Neighborhood Association meeting when the idea came about. He said he believed there were
approximately 120 properties in the area in question and he would be curious to know how many people
actually started this whole process. Kopsa said he was at the follow-up meeting, and thatthere were 15-
20 people in attendance there, with three of them representing the Historic Preservation Commission. He
said that this process had not been democratic and that those against the measure had just had to go
through this process four years prior. Freerks said these were not questions the Commission could
answer and would have to be addressed to the appropriate parties after the meeting. Kopsa said it
seemed as though Busard was also curious as to how many people had started this process, as he had
asked the question and had not received a response. Busard acknowledged he was curious, and that he
would have an opportunity to ask again. Kopsa said this was a large area with a lot of different types of
properties; he said that the designation is an inconvenience and makes it harder to maintain one's
property. He said he could not imagine that the designation would make anything more affordable in that
neighborhood. He said that those properties in poor condition would probably never get fixed if this went
through as the investment required would make it impractical.
Marshall Poe, 416 North Linn Street, said that he and his family had lived in a historic neighborhood in
Ann Arbor, Michigan prior to coming here. He said that he had discovered his home online and found it
so compelling he had threatened to buy the home sight unseen. He said that the rental properties across
the street were part of what lent the area its character. He said he has renovated homes and done it in
the right way, and that as both a landlord and an occupant of his home he believes it pays to be in a
historic preservation district. He said the diversity of the area benefits his family. He said he came back
to Iowa to live in a neighborhood like this, that it is a real gem, a great atmosphere, and a place worth
preserving.
Will Jennings, 311 Fairchild Street, said that his home is listed as a "contributing home" for the
neighborhood and is sandwiched between two other contributing homes. He said that he also owns a
rental home in the historic Longfellow neighborhood. He said that over time the rental property had been
updated and renovated from a rough looking house to one that won an award for historic preservation
efforts. He said that the home had improved from a house that would have collapsed or been bull-dozed
into a functional, contributing home in the historic neighborhood. He noted that historic neighborhoods
and historic homes do not have to be fancy. He said that the home that he and his wife restored has had
a stabilizing influence on the whole block, making an impact that has a ripple effect to other properties.
Jennings said that the house is rented for a fair price, and that they have been able to find stable tenants
who wish to stay longer than a year because it is a house that people want to live in and take care of.
Jennings said he relayed this because he wanted to be very clear that he spoke not only as a property
owner and vested resident of the Northside, but also as a landlord who is in the business of renting a
property in a historic district. Jennings said this historic overlay is in alignment with the Central District
Plan, the Comprehensive Plan and the general plan for Iowa City as it moves forward. Jennings said this
overlay supports the stability and identity of a gateway neighborhood, something that has a profound
long-term impact. The historic overlay protects and encourages long-term investment in the
neighborhood, represented in the equity of the homes there. Jennings said the overlay will promote the
diverse mix in the neighborhood of rental properties and those that are owner-occupied, something that is
unique and inviting about this neighborhood. Jennings said that the protections that come with this
overlay are inclusive. He said that there had been comments made this evening about the democratic
process s by which such proposals go forward. Jennings said that it should be made clear that the
Northside Neighborhood Association is not an elite cabal of people, but a group whose membership is
open to any property owner and resident in the neighborhood, and which has been fostered and
encouraged by the City of Iowa City as a way to promote neighborhood stabilization. He said the process
has not excluded anyone, and that all have been invited to participate at various times. Jennings said
that while he felt it was unfortunate that some people did not receive their notices, he could attest to the
efforts that had been made to properly inform everyone involved. That aside, Jennings said that zoning
and planning are not typically done in a vote by vote, house by house, block by block manner. Jennings
said that the idea behind planning and overlays is to protect the best interests of the community as a
whole.
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Christina Willou identified herself as a resident of the north side of Iowa City. She said she chose this
part of town because of the diversity and historical significance of the neighborhood. Willou said if you
look at any city in the United States you will find that historical neighborhoods lend a grounding and
stabilizing factor. She said that Iowa City has a responsibility to accept all kinds of neighborhoods;
however, it tends to be older neighborhoods that get changed the most. She said that it is a privilege to
own some of these houses and live in these neighborhoods due to the craftsmanship and the materials.
She said that these homes cannot be built today, and that owning an older home carries a responsibility
to maintain it. She said the north side offers a diverse neighborhood for its residents and for the city as a
whole.
No one else wished to address the Commission for the first time and Freerks opened the floor for
rebuttals.
Judith Pascoe, 317 Fairchild Street, said she wished to answer the questions concerning how many
people attended the initial neighborhood association meeting on this topic. She acknowledged that a
majority of the neighborhood did not by any means attend any of these meetings. She said she could not
give an exact number of attendees off the top of her head but that she could say the typical neighborhood
association meeting has anywhere from 12-36 people in attendance. She said this is actually a good
number of attendees for a Neighborhood Association. She offered her apologies to Brechtol for not
receiving notices, and said that the association had tried hard to reach everyone and was not happy to
know that he had not been contacted. She said she would like to talk to Brechtol and answer any
questions he might have.
Freerks asked Miklo if the City sent out mailings in addition to those sent out by the neighborhood
association. Miklo said the City had sent out two mailings; in February roughly 300 mailings were sent
out inviting people to the Historic Preservation Commission meeting; a second mailing was sent out in
mid-March inviting people to this meeting. Miklo said he could not at this time confirm whether Brechtol
had been on the list. Eastham asked to whom the mailings were addressed. Miklo said the mailings are
addressed to the property owner of record with the City Assessor's Office. (After the meeting a review of
the file confirmed that Brechtel was notified by letters sent to him in care of his property manager on
February 27 and March 20.)
Freerks asked if anyone else wished to speak to the issue. No one wished to speak and the public
hearing was closed.
Freerks said she would entertain a motion prior to discussion.
Busard motioned to approve REZ09-00001, an application submitted by the Northside
Neighborhood Association for a rezoning of approximately 23.25 acres of property located along
the 300-500 blocks of Gilbert Street, the 300-700 blocks of Linn Street, the 200-300 blocks of
Church Street, the 200-500 blocks of Fairchild Street, and 200-400 blocks of Davenport Street from
Neighborhood Stabilization Residential (RNS-12) zone to Historic District Overlay Neighborhood
Stabilization Residential (OHD/RNS-12) zone and from Medium Density Single Family (RS-8) zone
to Historic District Overlay/Medium Density Single Family (OHD/RS-8) zone.
Weitzel seconded.
Eastham said he had listened with great interest to Miklo's description of the purview of the Commission's
scope for this recommendation. He said it was also his understanding of what the Comprehensive Plan
and the Historic Preservation Plan asked the Commission to do. He said he did wish to digress from that
a bit, however. He said there is considerable interest with the cost associated with complying with the
requirements for improving a home in a historic district. He said this concern was reflected both in
comments made this evening as well as in the minutes of the Historic Preservation Commission. He said
that while it is not clear that the Comprehensive Plan gives the Commission much leeway to address
those issues, Eastham said he wished to take note of them and say that after listening to discussions of
actual costs it seems to him that any additional costs may be off-set by the benefits of having a property
in a historic district. Eastham said he was comfortable with this recommendation at this point.
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Busard said he thought the Northside district was an important part of Iowa City and that the
neighborhood is definitely worth preserving and investing in. Busard said it was within the goals of the
Central District plan to protect this neighborhood. He said it seemed to him that the neighborhood
association had done a good job of encouraging participation, and that he too supports this
recommendation.
Payne said she agreed with Busard that this is a beautiful neighborhood worth preserving and said that
she thought this was probably the best way to go about doing that. She said the overlay would give some
oversight into how the neighborhood was preserved.
Weitzel said that he was on the Historic Preservation Commission for six years so he was coming from
that perspective, although he said he had not spoken with anyone involved with this proposal so any
budding conspiracy theories so could be put to rest. Weitzel said that by making the area a locally
protected district, it would be possible to keep the area from becoming an urban renewal zone. Weitzel
said that nationwide historic preservation has been seen as an economic development tool, stabilizing or
even increasing neighborhood property values. Weitzel said historic preservation is a very useful way to
protect the appearance, livability and quality of life in a neighborhood. Weitzel said that one need not
look further than the end of Iowa Avenue after the tornado to see how much a historic district allowed that
area to retain its character. Without the historic district, that area might have seen demolition after
demolition and apartment after apartment in that area.
Weitzel said that in a lot of cities one sees many very small historic districts with the same type of
housing. Weitzel said that in the case of Iowa City, the history of development is a diverse one filled with
infill and the Northside reflects that context.
Weitzel noted that the meeting being held tonight is itself a democratic process, and that the last two City
Council elections, both with detailed discussions of historic preservation, were also democratic
processes.
Weitzel noted that he is a member of the Longfellow Neighborhood Association. He said that their
newsletter is circulated to about 1,000 residents and the neighborhood association is lucky to get 12
people at its meetings; he noted that participation is not mandatory.
Freerks said that this historic overlay is definitely in sync with the Comprehensive Plan and the zoning
code, and that urban renewal does not come into play. Freerks said that many, many reasons have been
offered as to why this overlay is the right thing to do in this instance. Freerks said that the Northside
Neighborhood is a treasure and that it is long past time to do this. She thanked the neighborhood
association for taking the time and great effort involved in doing this. Freerks said she lives in a
conservation district and she can attest to the fact that it is not necessarily an expensive endeavor; she
said she has seen a slow process of great renewal in her neighborhood. She said she has heard lots of
positive comments both from landlords and owner-occupiers in these neighborhoods and she believes
that a very positive transformation will take place over time. She said the neighborhood already has great
strengths. She said that there is a misconception that historic preservation is only for places like Summit
Street and Brown Street, but that they can also be small, quiet places as well. She said she is definitely
in favor of the rezoning and she hopes that the City Council will vote in favor of this as well.
Eastham said he wished to state that he was very pleased to hear so many residents say publicly that
they wish to maintain a mix of rental and owner-occupied properties in the neighborhood. He said that
such sentiments were a delight to him. He said that he appreciated the idea that historic preservation
was a way of making neighborhoods viable for both owner-occupiers and renters.
Freerks called for a vote.
The motion carried 6-0 (Plahutnik abstaining).
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COUNTY REZONING ITEMS:
CZ09-00002: Discussion of an application submitted by Richard Wonick for a rezoning of 39.92
acres from County Agriculture (A) to County Residential (R) zone located east of Buchmayer Bend
NE and west of Highway 1 NE.
Busard recused himself from these discussions and left the room.
Miklo reminded Commissioners that the property in question was within two miles of the city limits but not
within the city's growth area. Miklo said the rezoning is reviewed by the Commission because that is part
of the Fringe Area Agreement, which states that rezoning from agricultural to residential will be
considered on a case by case basis if there is clustered development and it complies with the County's
Land Use Plan. Miklo pointed out that the County's Land Use Plan is in flux presently, and as a result,
the staff recommended that the City defer to the County as to whether or not this complies. Miklo said the
subdivision plan has added some open space to comply with the 50% requirement of the Fringe Area
Agreement. Staff would recommend more cluster development than is shown on the applicant's plan.
Staff suggests a shorter cul-de-sac to better cluster the lots. Additional clustering would provide more
buffering between the housing and Highway 1.
Staff recommends deferring to the County as to whether this complies with their Land Use Plan and that if
it were to be approved, Staff recommends requiring the more clustered design and that Buchmayer Bend
be improved to county road standards. Miklo offered to answer any questions Commissioners might
have.
Freerks asked if the lots in the design proposed by Staff were the same size as those proposed by the
applicant; Miklo said they were and that all met the minimum requirements.
Plahutnik asked if the zoning standards would be city regulations in the Fringe Area. Miklo said that if the
area is within the growth area then the city's subdivision codes would apply; outside the growth area, the
county regulations apply.
Greenwood Hektoen reminded Commissioners that ex parte communications should be disclosed prior to
the opening of the public hearing. There was none.
The public hearing was opened.
Glenn Meisner with MMS Consultants addressed the Commission on the applicant's behalf. Meisner
agreed the land was within jurisdiction for review by the Commission, and noted that he was in agreement
with the two recommendations Miklo had set as a condition of approval.
Meisner said he wished to speak briefly to the concept plan developed by Staff as opposed to that
submitted by the applicant. Meisner said that his plan attempted to avoid a ravine, steep slopes, timber
and possible wetlands that Staff's plan did not take into account. Meisner shared an aerial photograph for
illustration.
Miklo said he believed that the Staff design did take the ravine into account.
Meisner said that it was his job to work on behalf of the developer, and that he felt his design allowed for
walk-out lots on most of the lots which is desirable for most buyers. Meisner said he removed two lots
along Buchmayer Bend to provide recreational areas such as ball fields or playground areas. Meisner
said he and the applicant had met the requirements of the Fringe Area, and he encouraged the
Commission to approve their application without the lot layout presented by Staff
Eastham asked if it was appropriate for the Commission to be approving this application knowing that the
County is working on changes to its Land Use Plan that would not allow this development. Meisner said
the application was made prior to the county taking final action on the north corridor. Meisner said that in
fact Johnson County Planning and Zoning has recommended leaving the plan as it is.
Planning and Zoning Commission
April 2, 2009 - Formal
Page 13
Eastham asked if it would not be more logical to wait until the County Supervisors act upon the matter.
Meisner said he did not think that would be more logical. He said that when an application is made, the
Commission should operate under the rules in place at the time. Meisner said there was no guarantee
the rules would actually change and it is only fair to operate under existing rules, not proposed ones.
There was no one else who wished to speak to this issue, and Freerks said she would entertain a motion.
She explained that what is needed is a letter to the County with the Commission's recommendation for
the application.
Payne motioned to submit a letter of approval for an application submitted by Richard Wonick for
a rezoning of 39.92 acres from County Agriculture (A) to County Residential (R) zone located east
of Buchmayer Bend NE and west of Highway 1 NE with the following recommendations: 1) that the
Commission defers to the County for compliance with their land Use Plan, and 2) that Buchmayer
Bend be improved to county road standards.
Koppes seconded.
Eastham motioned to amend the motion to include stipulations that require the applicant address
stormwater detention as well as ownership and management of the outlot.
Weitzel seconded.
Freerks invited discussion on the amendment. Weitzel said that the Staff proposal still allows adequate
development potential and presents a better design. Freerks said the discussion should be on the
amendment concerning stormwater management.
A vote was taken on adding the amendment to the motion and the motion passed 6-0 (Busard
abstaining).
Weitzel moved to amend the motion to include Staff's design proposal as a stipulation.
Eastham seconded.
Freerks opened discussion on the amendment. Koppes asked if the applicant would be required to follow
the design if the Commission approved that motion. Miklo said they would because the cluster concept is
required in the Fringe Area Agreement. Koppes asked what would happen if the concept did not work in
terms of engineering. Miklo said he was pretty confident that it would work. Weitzel said he did believe
the Staff design does avoid the ravine quite well. Koppes said she did not know if she wanted to get into
engineering. Miklo said it was not engineering, rather it was lot layout. Weitzel said that Staff design
would meet the recently passed subdivision standards. Koppes stated that the property was outside of
the city's growth area. Payne noted that the County did not have to accept all of the Commission's
recommendations.
Plahutnik said that he felt MMS had done a very nice, sensitive job given the concerns of their client.
Plahutnik said that the problem was that once again the Commission was finding itself in the position of
zoning not planning. He said that if this were the last piece of development to be built in that area it would
be a great project, and someone makes a lot of money. Plahutnik said this project has three cul-de-sacs,
which the City is working hard to avoid. In the end, Plahutnik said, the area surrounding this area will be
developed. This is not a stand-alone project, Plahutnik said, and has to be thought of in context of that
future development. Plahutnik said that for him to make an affirmative recommendation to the County
on this project would be insane. That would not be forward looking, Plahutnik said. There is not even a
general plan for that area yet, so it is impossible to know how this project will fit in. He said this is not a
big picture plan, but a subdivision for an individual's profit.
Miklo said comments should address the amendment on the floor. Eastham said he had interpreted it as
such.
Planning and Zoning Commission
April 2, 2009 - Formal
Page 14
A vote was taken and the amendment to stipulate Staff's plan as a requirement for approval was
approved 4-2 (Busard abstaining; Koppes and Plahutnik opposed).
Freerks invited discussion on the motion as a whole.
Eastham said he found Plahutnik's perspective fascinating. Eastham said he did not have a full grasp of
the technicalities of the Fringe Area Agreement, and asked if in Plahutnik's view the Commission should
agree to consider zoning matters only in the context of an overall plan for development. Plahutnik said he
was voting on conscience in this case. Miklo said the Fringe Area Agreement says the matters should be
considered on a case by case basis. Payne said that case by case almost implies that there is no plan to
consider.
Greenwood Hektoen said that the Commission should apply any of the concepts and values used to
consider any other application before them; it is not whether it complies with the County's Comprehensive
Plan. The Commission is asked to review it because it has potential to be within the corporate limits of
Iowa City and needs to fit in.
Eastham said he was beginning to see Plahutnik's point because there is no provision in the Iowa City
Comprehensive Plan for large lot rural subdivisions and no zoning designation that fits. Miklo pointed out
that the city has RR-1 zone, large, one-acre lots. Miklo said there would have to be other compelling
reasons why this was not appropriate, such as concerns about traffic, or changing the rural nature of an
areas, etc.
Freerks said that it sounds like a larger issue is begin considered which could be pulled forward for
discussion in the future in conjunction with the county.
Eastham said that the area between Iowa City and this property is basically open farmland. Eastham
said there could be large lot rural subdivisions abutting Iowa City's limit, thereby limiting Iowa City's ability
to develop small-lot areas. Koppes pointed out that once development reaches the growth area the
subdivision regulations apply. Freerks said that it can be seen with Country Club Estates the friction
created when something that was once very rural abuts the city limits. She said it is an issue but that she
was not sure it was a reason for denial.
Weitzel said that he does not like the growth out in that area, but that he does not see that the
Commission really has a reason to say "no" to it.
A vote was taken and the motion carried 4-2 (Busard abstaining; Plahutnik and Eastham voting
against).
OTHER:
Discussion of a request to consider an amendment to the zoning code to allow accessory
apartments in the Neighborhood Stabilization Residential (RNS-12) zone.
Miklo explained that up until 2005 the City only allowed accessory apartments if one of the residents was
elderly or disabled. In 2005 the code was liberalized to allow accessory apartments in single family zones
provided the property was owner-occupied. At that time, the RNS-12 zone was specifically excluded
because of its proximity to the University of Iowa. Miklo explained that the zone was fairly dense already
and that a lot of the properties were subdivided into apartments in that area. Miklo said the primary
concern was that accessory apartments would be legitimate at the time they were established and then if
the property was sold as a rental property, it would be very difficult to enforce that unit not being occupied
if the owner did not live on site. Miklo said that the idea also ran somewhat counter to efforts to stabilize
the area.
Miklo said that accessory apartments are somewhat of an experiment, and that a few have been
approved in the RS-5 zone. He said there have not been any problems with them to date; however there
Planning and Zoning Commission
April 2, 2009 - Formal
Page 15
are only a few and it has not been a long time since they were created.
Miklo said the question before the Commission is if it wants to expand the accessory apartments to the
RNS-12 zone. He said that if the Commission did decide to do so, they would need to decide whether to
pursue the amendment now or to put it on the work program to address when some of the other items are
com pleted.
Freerks opened the public hearing.
Judith Pascoe, 317 Fairchild Street, said that the reality of the RNS-12 is that it is still somewhat of a
dream and a goal. She said that the reality of the area is that it is really densely populated. She said that
she did not feel that allowing accessory apartments was going in the direction the RNS-12 designation
aimed for.
Claire Spnsler. 413 North Gilbert Street, said that normally she would be in favor of plans to increase
density as it is often a very good urban planning value. However, she said this is inappropriate in the
RNS-12 zone because the density is so high, and the parking so difficult. She agrees with the earlier
decision that accessory apartments not be allowed in this zone.
Will Jennings, 311 Fairchild Street, said that he understands that a younger or first time home-buyer may
use this arrangement as a way of purchasing a home. He said that while he thinks this is an honorable
thing, he does think that the realities of the area make it a poor choice for accessory apartments.
Jennings said there were already issues of enforcement regarding parking and over-occupancy, and that
this would compound those.
Weitzel moved to deny the request to consider an amendment to the zoning code to allow
accessory apartments in the Neighborhood Stabilization Residential (RNS-12) zone.
Koppes seconded.
Weitzel said that the accessory use apartment is still experimental and should be allowed to play out in
areas with larger lots and less density issues until the Commission can see where it is going.
Koppes said that it was not included in the RNS-12 zone for very good reasons which still stand today.
Eastham said he felt there were sufficient zones that allow accessory apartments already. Eastham
asked if the owner did not have to live in the primary residence and Miklo replied that it is not specified in
the code which dwelling the owner must occupy.
Payne said it should be left the way it is. She said it did not make sense to change the zoning so that one
letter-writer can buy a home.
Busard said it was a bad idea.
Freerks said she remembers the discussions about this when the code was changed. She said there
were many good reasons this zone was left out.
A vote was taken and the motion to deny the request was passed on a vote of 6-0 (Plahutnik
abstaining).
Discussion of retaining Interim Development (ID-RS) and Rural Residential (RR-1) for a portion of
Country Club Estates (Outlot D).
Miklo explained that this issue has already been seen by the Planning and Zoning Commission and the
City Council. Miklo said that the Council would like to leave Outlot D zoned ID-RS and RR-1 and the
question is whether the Commission would like to meet with the Council to persuade them otherwise.
Planning and Zoning Commission
April 2, 2009 - Formal
Page 16
Freerks opened the public hearing as there were no questions for Staff.
Larry Jewell, 53 Tucson, said that he was concerned with this proposal as there were a number of issues
that still need to be addressed. He said that what is getting lost is what is driving the developer to accept
this proposal. The developer had raised concerns about the uncertainty of the use of the Outlot. Jewell
said this arrangement allowed the opportunity to discuss the total development to be lost. Jewell said this
gave the development a piecemeal approach and loses the continuity of the development.
Jewell said there were still a number of issues to address and said he would suggest sitting down with the
planners, the developers and the City Council to discuss other options for these lots. Jewell said Ross
Wilburn, City Councilor, had attended a neighborhood meeting on the issue, sat down with the neighbor's
to hear their concerns and previewed the area.
Greenwood Hektoen advised Commissioners to reveal any ex parte communication at this time.
Eastham noted that after the City Council meeting a woman named Jenny Sandburg who owns one of the
lots with her husband spoke with Eastham about the general rezoning process. Greenwood Hektoen
asked Eastham if he could still be impartial in his decision. Eastham said that he could.
Freerks said that in general if the Commission was to meet with the City Council it would be to present an
argument that supported the option the Commission had presented to Council. After some discussion, it
was determined that in this case, the Commission and the Council were not actually in disagreement.
Koppes motioned to not meet with the City Council.
Weitzel seconded.
A vote was taken and the motion not to meet with the City Council was passed 7-0.
CONSIDERATION OF MEETING MINUTES: March 2 & March 5. 2009:
Payne, Koppes and Busard offered corrections to the minutes.
Koppes motioned to accept the minutes as amended.
Payne seconded.
The minutes were approved on a vote of 7-0.
ELECTION OF OFFICERS:
Payne motioned to elect Freerks as Chairperson for another term, Koppes as Vice-Chair, and
Plahutnik as Secretary.
There was no discussion.
A vote was taken and the motion carried 7-0.
Greenwood Hektoen advised Commissioners that due process requires Commissioners to reveal any ex
parte communications up-front, prior to Staff reports.
ADJOURNMENT:
Payne motioned to adjourn.
Weitzel seconded.
The meeting was adjourned on a 7-0 vote at 10:00 p.m.
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