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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. c o 'ijj .~ E E o u"'C ... 0)0 c () .- CI) sO:: NCI)Q) ~()g O)lijN c"'C .- C C CI) c.... ~;t C. >- :!:: U CIl ~ ..2 I() X X X X X UJ X M 0 I() X X X xl!:! XX - N 0 I() xl!:! .... X X X XX - 0 .... en E ~ ..- ..- ('I') C\I 0 0('1') ..- ..- ..- ..- ..- ..- ..- Qi"~ -- -- -- -- -- -- -- It) It) It) It) It) It) It) I-UJ 0 0 0 0 0 00 E III III ~ "'C CI) '2 Q) ... 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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 Planning and Zoning Commission April 2, 2009 - Formal Page 5 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. Planning and Zoning Commission April 2, 2009 - Formal Page 6 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 Planning and Zoning Commission April 2, 2009 - Formal Page 7 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 Planning and Zoning Commission April 2, 2009 - Formal Page 8 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 Planning and Zoning Commission April 2, 2009 - Formal Page 9 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. Planning and Zoning Commission April 2, 2009 - Formal Page 10 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. Planning and Zoning Commission April 2, 2009 - Formal Page 11 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). Planning and Zoning Commission April 2, 2009 - Formal Page 12 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. 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