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Home My WebLink About2014-03-04 Bd Comm minutes4b(1) MINUTES APPROVED HISTORIC PRESERVATION COMMISSION NOVEMBER 14, 2013 EMMA HARVAT HALL MEMBERS PRESENT: Esther Baker, Thomas Baldridge, Kate Corcoran, Frank Durham, Andrew Litton, Pam Michaud, Ginalie Swaim, Frank Wagner MEMBERS ABSENT: Kent Ackerson, David McMahon STAFF PRESENT: Chery Peterson OTHERS PRESENT: Matt Eldeen, Richard Finley, Wendy Scholz, Maeve Clarke RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Chairperson Swaim called the meeting to order at 5:18 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: Michaud said she was at a neighborhood council meeting the previous night. She said she was stating this as a private citizen, rather than as a Commission member. Michaud said she has been speaking with Stan Laverman and Marcia Bollinger about ameliorating or mitigating adjustments to the overlay code. Michaud said she did not know if it is possible, but because of the increased density adjacent to historic core neighborhoods, she feels there should be some kind of buffer zone or baffling of the increased noise levels. Michaud said she will be working on this and will initiate the effort to protect adjacent neighborhoods. She said her chief complaint right now is a vent fan from the restaurant that runs from 4 p.m. to 4 a.m. 365 nights a year. Michaud stated that if she can hear it, 23 other people closer to it can hear it. She said it is an intrusion, and it could be baffled, muffled, or possibly the RPMs could be changed. Michaud said this could also happen at Linn and Bloomington, because Jesse Allen is the developer there as well and could rent to a similar, late -night restaurant. Michaud said there is galloping development, and she will try to get some kind of adjustment to protect the quality of life, which is deteriorating for core neighborhoods. Swaim said that because this was not on the agenda, there cannot really be any Commission discussion. She asked Peterson if she could look into this more for the next meeting and put it on the agenda. CERTIFICATES OF APPROPRIATENESS: 704 Ronalds Street. HISTORIC PRESERVATION COMMISSION November 14, 2013 Page 2 of 8 Peterson said this property is in the Brown Street Historic District and is on the corner of Ronalds and Dodge Streets. She said it is a turn of the century Queen Anne style house and is very original in its appearance. Peterson showed the side of the house facing Dodge Street. She then showed the back of the house, where the owners want to build an addition. Peterson said the one -story addition that is there now is not original to the house and would be. demolished. She said the proposal is for a much larger kitchen /bathroom /porch addition on the back. Peterson said the slides include the same drawings that are in the packet. She said staff is recommending approval of this project. Peterson said the proposed materials are all perfect in terms of matching the house. She said that in every way it seems like a good plan, but staff has struggled with the overall massing and the roof design, and that is why there is an alternative design in the packet. Peterson showed the proposed design, with hip roofs. Peterson said the roof in this design is too low compared to the rest of the house. She said that the drawing of the proposed addition showing the east side does not include the full height of the roof on this house. She said the existing overall massing is vertical. Peterson showed the alternative design. She said it would have the same materials, but the porch on the back would match the porch on the front, and the core area of the addition would be taller and have a parapet and a flat roof. Peterson said the reason staff showed the two designs was to try to come up with an alternative to the low hip roof over the proposed addition. She said there may be other solutions, but the main idea is that it needs to have the height that matches the steep, vertical massing of the original house. Scholz, one of the owners of the house, said they love the house; and although it is not a large house, it has gracious spaces inside and the character of an old house. She said that the kitchen does not function for modern -day living, and the bathroom upstairs is also crammed into a small space. Scholz said they would like a nice entryway with some closets, and these things are the motivation for building the addition. She said it is necessary to make the house livable for anyone who would want to live there. Scholz said that Peterson has been very helpful in reviewing the design. She agreed that the proposed design looks too low and long. Scholz said they like the way Peterson has differentiated the roof of the interior portion from the roof of the porch. Scholz said they talked to their designer, who had some concerns about having a flat roof. She said she is convinced that they can come to some sort of resolution. Scholz said she does like that the roof height is differentiated. She said they are committed to making this historically appropriate, as well as aesthetically pleasing and also practical for everyday use. Peterson said staff's recommendation is to approve this, with final design review by chair and staff. She said she is comfortable that they will come to a good, final solution. Swaim asked about a parapet roof. Peterson said it would be a vertical extension of the wall, and then behind that, a little bit lower, would be the roof. Michaud said it appears to be a shed HISTORIC PRESERVATION COMMISSION November 14, 2013 Page 3 of 8 roof, with a gentle slope. She said that one could put an ice dam on it. Michaud said it would not be usable; one could not walk out onto it, because there is no door or window up there. Peterson said this house is technically only one and one -half story. She said there is no wall there to put a door out to the roof. Michaud asked if it would make sense to put a small gable there, a little doorway to utilize that space, or if one should not walk on that kind of roof. Peterson responded that it would be more construction. Michaud said it could increase the usability. Peterson stated that it would not have to be done right away. Scholz said that it would change the project radically. She said it would also change the existing structure quite radically. She said that in order to put a gable on, one would have to really tear into the original house. Peterson said they talked about how the hip roof of the proposed design still ends up with a flat portion. Peterson said the alternative design has more area of flat roof, but it can be designed to slope to drains. Baldridge asked about the extension of the addition beyond the original house on the east, although it is indented on the west side. He said that at one point there was a house on Summit Street where the owner wanted to extend it, and the Commission required her to have that extension indented by eight inches. Baldridge said that was in the Secretary of the Interior's guidelines. Peterson responded that when she was reviewing this, she was concerned that the proposed design overlapped and kind of swallowed up that northeast corner of the house. She said the alternative design keeps the existing vertical expression of that corner, without overlapping the corner. The existing vertical trim board would be preserved. Peterson said the addition does bump out in the wrong direction, and ideally it would be narrower than the house instead of wider than the house. Peterson showed the side of the house that faces the driveway, saying it is not the Dodge Street side. This is the side where the addition would extend beyond the original house. She said the taller cube -shape of the alternative design has a more acceptable massing, compared to the proposed design, and this cube is clearly differentiated from the original house, which is the intent of the guidelines. Baldridge said he was curious because of what the Commission went through with the Summit Street house. He said he recalled being told that it had to be indented rather than extended. Peterson said that indented is one of the good options, but it is not required. Michaud said that as long as it is offset and not contiguous, that would be acceptable. Peterson said that preserving the existing east gable end is something the Commission would want to do. She showed the proposed design where one can see how the new roof would overlap the corner of the house. Peterson said she was concerned about this. Peterson said that it would be very difficult to fit the proposed functions into anything smaller. She said it is a house with an accumulation of spaces and shapes. Michaud asked Peterson if she felt there was a false sense of history created by that parapet. She said that it looks kind of like a storefront. Michaud asked if one could just do a shed roof. HISTORIC PRESERVATION COMMISSION November 14, 2013 Page 4 of 8 Peterson said that could probably be done. She showed one view and said that if one had a shed roof instead of the horizontal line of the top of the parapet, one would see something sloping. Swaim said it would be sloping to the sides of the house. Peterson showed how she felt it would be sloped if one did a shed roof. Scholz said that it is probably one of the details that they can continue to work out. She said that the shaping of that parapet wall and how defined it is and the materials can be worked out to keep this from looking like a commercial storefront. Michaud agreed that it could be worked out. Peterson said she recommends the use of cedar lap siding as proposed. She said it will tie in with the existing materials, and the trim boards would be identical, so that it will all match the existing house. MOTION: Michaud moved to approve a certificate of appropriateness for the application for 704 Ronalds Street, as presented in the application, with the following condition: provide final design, including roof design, for review and approval by chair and staff. Durham seconded the motion. The motion carried on a vote of 8 -0 (McMahon absent). 520 North Gilbert Street. Peterson said that this house may be as old as 1865 and is in the Northside Historic District. She said that repair is in progress, and the porch was lost almost a year ago. Peterson said that one can see where it was by the area that is not painted. Eldeen, one of the owners, said that the porch was,vandalized and then fell off the house, when it was damaged beyond all repair. He said he tried to save it, but he could not salvage it. Peterson showed a photograph from the packet, saying that it was a beautiful, very old porch. She said that as unfortunate as it is that the porch is gone, the building still maintains its architectural significance. Peterson said that one can see that it is the work of a master mason. She said that one can see the symmetry and proportion. Peterson said that the window crowns are a simple brick ornament over the windows and over the door. She said one can also see the chimneys are still intact. Peterson said staff recommends that the proposal that the owners finish the repairs be accepted. Eldeen said he did not know how the porch came to be vandalized. Michaud asked him if he did not want to replace it, because this could just happen again. Eldeen replied that he thinks it obscures. He said he likes the way that the house looks now. Eldeen referred to a photograph, saying one can see how he repaired the brickwork that was originally above the door and was removed when the porch roof was added at a later date. He said that he has returned it to what the original home was. Eldeen said he salvaged as much of the old wood as he could, but all the ornate design on the porch was smashed. HISTORIC PRESERVATION COMMISSION November 14, 2013 Page 5 of 8 MOTION: Michaud moved to approve a certificate of appropriateness for the application for 520 North Gilbert Street as presented in the application. Baldridge seconded the motion. The motion carried on a vote of 8 -0 (McMahon absent). 1025 East Burlinaton Street. Peterson said this is the last house inside the boundary of the College Hill Conservation District. She said it is on the south side of Burlington Street. Peterson said this is a re -roof project. She said the chimney the owners want to remove is in the back; it's not the front one. Peterson said staff feels that is acceptable. Peterson said the applicant has proposed different solutions through the years and wants to do something now. She said that she and Bob Miklo have been working with the applicant, and the applicant's preference is to use asphalt shingles, which was recommended by staff. Peterson said the owner has made an effort to take care of this roof, as recommended to him by the Commission five years ago. Peterson said that at this point it seems reasonable to replace the roof. She said the owner had proposed a low- ribbed material that is not accepted by the guidelines. Peterson said the owner has therefore decided to use the standing seam or the shingles, most likely the shingles. Peterson said she would like to see this approved either way, so that he has that option. She stated that the current roof will come off, and there will be new sheathing. Peterson said that the way the building permits work, if an owner has to remove any of the sheathing, then a building permit is required, which triggers Commission review. She said that if this owner was not going to remove any of the sheathing or demolish the chimney, the way the rules are now, he would not need a building permit and would therefore not need historic review. Peterson said she and Miklo and Swaim have talked about situations like this and discussed whether the Commission should be involved when any replacement of a metal roof is done in one of these districts. Swaim commented that public perception may be that a building permit is not needed for replacing a roof, and the likelihood of having to replace the sheathing is great. Peterson showed a picture of the house next door, which uses the low- ribbed material. She said those are very close together, so it is a lot different than what we're used to with the old, metal roofs. Durham asked if it is arguable that that could be acceptable then. Swaim said she sees it as something that does not resemble a standing seam metal roof. She said the scale is way off. Swaim said she could see it on a farm building. Swaim said there are one or two of this style on College Street as well, and it is quite strikingly inappropriate in appearance. She said one really sees the low ribs between the higher ones and recommended Commission members look at these houses if they have an opportunity. Peterson said the owner has pulled back from the proposal for the low- ribbed product. She said he plans to do the standing seam or the asphalt shingles. Swaim said it is important, when HISTORIC PRESERVATION COMMISSION November 14, 2013 Page 6 of 8 there are new materials like this, to have some extra time to consider them before an application comes to the Commission. MOTION: Corcoran moved to approve a certificate of appropriateness for the application for 1025 East Burlington Street, as presented in the application, with the following conditions: confirm product selection for new standing seam metal roofing, or shingle roofing, for review and approval by chair and staff; any repair of soffits and trim must be with wood or approved wood substitutes. Michaud seconded the motion. The motion carried on a vote of 8 -0 (McMahon absent). 500 Clark Street. Peterson said this house, in the Clark Street Conservation District, backs up to the playground area at Longfellow School. She said there is a new porch that the Commission approved a year ago. Peterson said this proposal is for a one story addition with a basement, a screened porch, and a deck; at the rear of the building. Peterson said this would use the same details as the front porch, so it would really pull things together. She said it is a simple house, without ornamental features, so this will tie it together. Peterson said staff did not find anything objectionable. She showed drawings of the proposed project, with the deck to the east and the screened porch to the south. Peterson showed the view from the north, with the new addition present. She said the siding is not drawn, but she believes everything would line up. Peterson showed the view from the east and the view from the other side on the west. She said the front of the house is on the west side, and the only visible portion of the addition would be the screened porch which would be considerably set back; the porch will be on the southeast corner of the house. The owner of the house said she was available to answer any questions. Peterson said the proposed materials are compatible with the existing materials. Swaim asked to see the east elevation as it appears now. Peterson said this is where the addition happens, and the existing deck will be removed. Wagner said it is the garage that is visible on the left side of the house — the south side. Peterson said the garage is closer to the front of the house. Wagner said it is five or six feet in front of the house. MOTION: Baker moved to approve a certificate of appropriateness for the application for 500 Clark Street, as presented in the application. Litton seconded the motion. The motion carried on a vote of 8 -0 (McMahon absent). REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Swaim said these are listed in the packet. Peterson said the application she wanted to point out is 404 East Jefferson, St. Paul's Lutheran Chapel. She said this is the first review of a property HISTORIC PRESERVATION COMMISSION November 14, 2013 Page 7 of 8 in the new Jefferson Street District. Peterson said the Church is proposing repair of all the gable coping. DISCUSS ANNUAL HISTORIC PRESERVATION AWARDS: Peterson said attendees should be at the Public Library at 5:00 on Thursday, November 21. She said the program starts at 5:30. Swaim volunteered to give a welcome speech to the awards presentation. Peterson said that someone from Friends of Historic Preservation (Friends) would also help with the welcome. Peterson said the selection committee included Baldridge, Corcoran, and Christine DenBerg from Friends. Peterson said those three have agreed to be award presenters. She said that information is still being gathered from the winners so that scripts can be prepared. Peterson said that she will be doing a PowerPoint presentation. Peterson showed photographs of the properties chosen by the selection committee for discussion by the Commission. MOTION: Wagner moved to accept the nominations for Historic Preservation awards as presented. Baldridge seconded the motion. The motion carried on a vote of 6 -0 (Litton, McMahon, and Michaud absent). CONSIDERATION OF MINUTES FOR OCTOBER 10, 2013: MOTION: Corcoran moved to approve the minutes of the Historic Preservation Commission's October 10, 2013 meeting, as written. Baker seconded the motion. The motion carried on a vote of 6 -0 (Litton, McMahon, and Michaud absent). ADJOURNMENT: The meeting was adjourned at 6:17 p.m. Minutes submitted by Anne Schulte Z cN O C1 O Z V w M r W O > Z N � Z r, � N W Z W CL E' � a O FE z 0 O U z o_ W� � O N U , � o � QO 00 do xza qq 0 0 x x x x x 0 x x x V- 0 o X X X X X X 0 0 X X r X X X X X X O O O x co X X X 0 0 X X X O O Go N X X X X X X X X X ti X X X X X X 0 X X X ti r W I x W W x X LLI ` x X X O O O O x i x x x x x x x ui 0 o x X x x x o x x x o x x x x x x x x M M X X X I I X 0 X X X X x X I I x O O O X N 0 W x x x i i x x X X o M N X X X 1 I 0 X x X X r X X X i i X 0 X X X (D C IT qT r LO LO LO (L - - 0) - 0) - 0) 0) 0) 0) 0) rn 0) 0) LCD W N N N N N N N N N N N LJ H M Cl) M M M M C�7 M M M M V1 Q W Y Y LU QQ Y Y 0 _ = o a a O I- a Z Z W Z LL z LL 1l.1 Q d g : Z O 2 = LU Z W W 0 O = O Q Z W Y v v Q m N � w� �Q)CDM N co N + a¢Qz u n u n XOW' O w Y 4b(2) MINUTES APPROVED HISTORIC PRESERVATION COMMISSION DECEMBER 12, 2013 EMMA HARVAT HALL MEMBERS PRESENT: Kent Ackerson, Thomas Agran, Esther Baker, Kate Corcoran, Frank Durham, Pam Michaud MEMBERS ABSENT: Thomas Baldridge, Andrew Litton, David McMahon, Ginalie Swaim, Frank Wagner STAFF PRESENT: Bob Miklo, Chery Peterson OTHERS PRESENT: Mark McCallum, Mark Russo, Katherine Walden RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) None. CALL TO ORDER: Baker called the meeting to order at 5:30 p.m. Baker welcomed Agran to the Commission as the newest representative of the Northside District. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: There was none. CERTIFICATES OF APPROPRIATENESS: 608 Grant Street. Peterson said this project is on the east side of Grant Street in the Longfellow District. She showed the front of the house, where some of the stucco repair around the front door has been started. Peterson said the balcony that is going to be repaired is the one seen right above the front door. Peterson showed a different view from the front, showing an elevator addition that was done with shingle siding. She also showed a close -up view of the front entry area. Peterson showed a view from the back, where the proposed deck would be. She showed the dining room window that would be removed, with the opening widened for what the owners are proposing will be French doors. Peterson said there is a lot of information missing from this application, but, for the most part, she feels confident that she and Swaim can work with the applicant to fill in the missing information. Peterson said staff recommends approval of this, with the condition that the applicant provide the details of how the front balcony will be repaired and product information for the doors that are proposed. She said there are some roof vents that need to go in, and she wants to make certain they go on the back, rather than on the front of the house, if possible. HISTORIC PRESERVATION COMMISSION December 12, 2013 Page 2 of 9 Peterson said the applicant will also need to provide information about the deck materials and dimensions. Peterson stated that in the staff report, she mentions that a deck is one of the pre- approved items. She said therefore, that as soon as she gets the information, she can approve that part of the project. Peterson said that the opening for the French doors requires Commission approval, and that is what triggered this Commission review. She said there is nothing in the guidelines that allows staff to approve a change like this — when an applicant is changing the size of the opening — from a window to a door in this case. MOTION; Corcoran moved to approve a certificate of appropriateness for the project at 608 Grant Street, as presented in the application, with the following conditions: applicant to provide details and list of materials for repair of the balcony; applicant to provide location and product information for the French doors; applicant to provide locations and product information for the roof vents; applicant to provide plan, details, and list of materials for the new deck; and all of the above must be reviewed and approved by chair and staff. Ackerson seconded the motion. The motion carried on a vote of 6 -0 (Baldridae, Litton, McMahon, Swaim and Wagner absent). 415 South Summit Street. Peterson said this house is on the west side of Summit Street. She said this application is for the replacement of windows and one back door. Peterson showed a view of the north side from the front. She stated that one can see the existing addition on the back where windows are being changed. Peterson then showed a view of the addition. She showed the sets of windows on the north that would be replaced that are included in the scope of work. She said there is a similar set of windows on the south. Peterson said that replacement of windows on the west has already been approved, although the work has not yet started. Peterson said that because interior work has started, there are temporary construction stairs in place on the west side. She said the door at the top of these stairs is a temporary construction door. Peterson said the back door that the owner wants to replace is an existing door inside the porch. Peterson stated that window replacement is a pre- approved item, but because the applicant is changing the size of the window openings, Commission approval is required. She showed the kitchen window, which would be the same type of casement window in the same opening. Peterson showed, on the south side, where the owner wants to replace the window and in -fill where the other window had been. She showed the windows on the north side where the plan is to replace some windows as they are with the same opening size. Peterson showed the pair of windows below that would be reduced to just a single window so that there will be some siding and wall in -fill. She said is it not an historic part of the house, it's on the back, and staff recommends approval. HISTORIC PRESERVATION COMMISSION December 12, 2013 Page 3 of 9 Russo, the consultant for this project, said that the primary reason these are changing is that the use of the back room is being reconfigured into a bathroom /mudroom /powder room, and the window placement is not optimal for the use of that space. He said that from the west side, those will all be double hung windows and will look very nice. MOTION: Corcoran moved to approve a certificate of appropriateness for the project at 415 South Summit Street, as presented in the application, with the following condition: provide trim at new door and windows to match existing door and window trim. Durham seconded the motion. The motion carried on a vote of 6 -0 (Baldridge. Litton. McMahon, Swaim and Waqner absent). 113 South Johnson Street Peterson said this property is in the College Green Historic District, right on the park. She showed a photograph from September, when the Commission reviewed some basement windows and attic windows, and the non - historic window on the north side. Peterson showed the work in progress, with the new siding and new window. Peterson said the current project is around the corner on the west side, where the owner wants to remove an existing window and install a new window in the same wall but further to the north. Peterson said this is acceptable, but it should, for the window pattern, line up with the window above and have the same trim on the outside. She said staff would also ask, if this is an original window, if it could be reused instead of a new window being used. Peterson said the product that is being proposed is not pre- approved, so it should be a condition that the applicant use the right product within that company. She said that staff is concerned about whether it is an insert window or a new window. McCallum, the owner of the building, said that he is renovating the house top down. He said he anticipates that when he gets to the main floor that he will do some updates to the kitchen, so he is looking at the whole area. McCallum showed the window that he replaced on the main floor and said that the room was originally a rear porch that was enclosed. McCallum said he is happy with the rear porch, and it will be made into a small den. He said that both the kitchen and the laundry room have windows that are 24 inches off the floor. McCallum said that the laundry room is small, with the washer and dryer on the outside wall, in front of and blocking the lower half of the window. Regarding the kitchen, McCallum said it has three windows, and the back addition on the west has a gutter that just butts in on both sides of the kitchen. He said he is going to try to maintain the integrity of the kitchen, because it has some beautiful, original cabinets and all the windows. McCallum said, however, that it is a typical old house kitchen in that it has five doorways into it and three windows. He said all the kitchen windows are 24 inches off the floor. McCallum said he is trying to anticipate bringing in a kitchen planner to design an updated version of the existing kitchen. He said he is focusing on the laundry room now, and one is not required to have a window in a laundry room. McCallum said it is his ultimate goal to not have a window there, but then that creates a big, blank space on the exterior west wall. He said what he is therefore proposing is to replicate the window that he just installed on the north side. HISTORIC PRESERVATION COMMISSION December 12, 2013 Page 4 of 9 McCallum said that one of the challenges with staff's suggestion to reuse the original window is that, if one looks at it, the original window is six or seven inches taller than the replacement. He said the little porch area is only eight feet wide by twelve. McCallum said he would be putting an old window next to a brand new window on the inside. He said he is okay with trying to make things look right. McCallum said this window replacement sort of copies what was going on upstairs, but most of the windows on the main floor are larger than the ones on the second floor. McCallum said that if everything was matched perfectly within that room and it wasn't such a small room, it would be a good idea to reuse the window. Peterson said the existing window is in the laundry room. McCallum confirmed this. Peterson said then there is probably a partition, and then the room where the new window would go is in a little den. McCallum said that is correct. Peterson said the new window would be in the same room as the other new window so it is understandable that McCallum wants the sill heights to be the same. McCallum confirmed this, saying it will be just three to four feet away from the new window. Peterson agreed that it would make sense to have windows of the same sill height in a small room. Peterson said the laundry room would still be a laundry room but would not have the big window any more. McCallum said that is correct. McCallum showed some photographs of the laundry room. McCallum said he would like to be able to put cabinets in the laundry room. He said he would also need to have an extra large capacity washer and dryer. McCallum said he does not need the extra window in the den, but he thinks it would be more pleasant to synchronize that. Miklo said staff is fine with that. Regarding the new window on the north, McCallum said the window crown is missing on top, but he has two of those on the inside of the porch. He said that piece of trim will go on top of the window in the spring, when the weather gets better. McCallum said he used the original one by four trim from an inside porch door around the three sides. He said he has original siding to patch in where needed. McCallum said it is his long -term plan, with this window style, to replace the storm windows with black combinations to match the black sashes on the inside to create a more original look. Peterson said staff recommends approval of this with the conditions that the new window align with the one above, that the siding match the existing siding on the house, and with staff approval of the replacement window product. McCallum asked what would happen if Quaker does not make the type of window staff is asking for. Peterson said the recommended motion suggests staff approval of the product, and she is available to work with McCallum to review the product options. Agran said he has done some work on this house and said there had been some termite damage in the past. McCallum said he has opened everything up and found some termite damage in the floor of the northeast parlor but did not find any further damage, although he would look for anything like that now that he is aware of it. MOTION: Michaud moved to approve a certificate of appropriateness for the project at 113 South Johnson Street, as presented in the application, with the following conditions: new window to align with existing window above, trim to match existing window trim, HISTORIC PRESERVATION COMMISSION December 12, 2013 Page 5 of 9 siding at in- filled opening to match existing siding, and staff approval of the window product to be used. Corcoran seconded the motion. The motion carried on a vote of 6 -0 (Baldridue. Litton. McMahon, Swaim and Wagner absent). REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF: Peterson said there are some applications waiting to be reviewed, but there has been nothing unusual or exceptional. Corcoran asked about the location of 701 South Seventh Avenue. Miklo said it is south of Muscatine Avenue, where there is a conservation district. DISCUSS INCREASED NOISE LEVELS ADJACENT TO HISTORIC NEIGHBORHOODS: Michaud said that in the last few months, since the building on Washington Plaza has been initiated, it has affected the neighborhoods considerably as far as use, traffic, and noise. She said there has not been enough ameliorative action to buffer between the commercial and the adjacent RM -12 single - family houses and historic district. Michaud said that Iowa City's core historic neighborhoods need noise protection from dense infill commercial and residential projects and expanded roadways. She said that Dubuque Street is a similar infringement on the rights of people who have been living there for generations and maintaining stewardship of their homes. Michaud said that Madison and other towns in Wisconsin have maximum decibel levels for residential neighborhoods. She said this is not about college parties; it is about continual equipment noise, bars, and late -hour eateries. Michaud said that Iowa City government regulates bar hours, so why not restrict eatery late hours in a residential zone. She said the new DP Dough is adjacent to 1890s single - family homes in College Green Historic District. Michaud said the previous restaurant, the Red Avocado, was open in the same location until 10 p.m. and had a quiet vent fan. She said the DP Dough management intends to be open with a loud exhaust fan running ten to twelve hours until 4 a.m. Michaud said she thinks the hours will vary, but usually it's two to four a.m., and that is for the majority of nights per year. She said she thinks that in the winter, they may change the use of the fan until later in the evening, when the heat builds up, but said she is just guessing. Michaud said that Iowa City needs sensible infill guidelines in core neighborhoods. She said the DP Dough eatery has great food and is a fun complement to New Pioneer Co -Op and the College Green Historic District. Michaud said historic neighborhoods, however, should not be subjected to business hours equivalent to those of a 7 -11 convenience store. She said the after - midnight market is a stretch for quality of life. Michaud said the Iowa City zoning won't allow a new duplex in the middle of a block, so why allow a commercial destination that advertises "open- crazy -late" in red neon. Michaud said that our highly- educated community should be consistent, where blue zone, smart code, new urbanist movement, and other trend words apply, including protecting historic districts in core neighborhoods, and quality of life. She said it is fine to add new historic districts HISTORIC PRESERVATION COMMISSION December 12, 2013 Page 6 of 9 like Jefferson Street, but existing, historic neighborhoods have to be protected or they won't be kept up the way they have been for the last 123 years. Michaud said that Smart Code is something that has been worked on nationally. She said it is a sound ordinance that is designed to protect reasonable, urban sound levels, rather than to preclude noise. Michaud said that fully enforceable sound ordinances typically address how background sound is calculated, and which part of the spectrum is being measured. Michaud referred to a handout she prepared for the Commission, and said it gets technical with decibel readings, but one can see on the public health page that there are physiological effects with an increase in environmental or occupational noise levels. She said that when noise is continuous, it is not like going to a rock concert; it disrupts sleep, with a disturbance in sleep patterns when it is even under 60 decibels. Michaud said she had a reading of 55 about 80 feet from the DP Dough fan at 10 p.m. a couple of nights before. She said it affects sleep quality with even 40 decibels outdoors. Michaud said there are at least 20 renters who are closer to that fan than her house, which is kitty corner and to the rear. Michaud said it is great that Iowa City is encouraging various standards, like the blue zone, and quality of life and walkability, but if you want people to live near the center of town, then those businesses have to consider the neighborhood they are moving into. She said she has lived in her house for 23 years. She said it would be a small percentage of their operating costs to make adjustments. Michaud said there is inconsistency with the Teddy's Bigger Burger down the block and two blocks closer to downtown. She said it is in a new Clark building that is five stories high, and instead of having a street -level fan protruding from the building, there is a duct going to the fifth floor roof so that the noise is on the fifth floor roof. Michaud said the motor therefore has to be a little strong to draw it up the ductwork, but she is sure it was in consideration of the apartment building next to it. She said it is inconsistent that the consideration be required for one apartment building but not other residential zones. Michaud said she is therefore proposing that there be an adjustment to the noise ordinance. She said she knows the Commission members just got her material today, and half of the members are not present. Michaud said it only makes sense that everyone has the opportunity to take a look at the materials so that the Commission can discuss this or vote on a possible letter or draft to the City Council at the Commission's January meeting. Miklo said staff has actually discussed cancelling the January meeting due to Peterson's vacation schedule, so this would be on the agenda for the February meeting. Michaud said that would give her more time to get signatures. Miklo said this is not an area where the Commission has expertise. He said he would be cautious about raising a concern just about historic districts. Miklo said that if this is an issue, it probably should be a concern in all residential districts. Michaud agreed that she could drop the reference to core historic neighborhoods and change it to Iowa City residential neighborhoods. She said she totally agrees that it should not be a matter of districting. HISTORIC PRESERVATION COMMISSION December 12, 2013 Page 7 of 9 Miklo said that after last month's meeting, staff did ask the Building Department to look into this, and they said that the operation is not violating the City's current noise ordinance. He said the question would be whether the noise ordinance is adequate or if there should be changes. Michaud said it really is not necessary to go through the Historic Preservation Commission, because this is a larger City issue. Miklo said that the City Council would really be the body that would deal with this. Miklo indicated that he had to leave the meeting at this point for anther appointment. Ackerson said that if there is a problem, it would be appropriate for the Historic Preservation Commission to support or endorse a change in the noise ordinance to protect the existing neighborhoods from the encroachment of new noise that will substantially affect the quality of life in the neighborhoods. He said the Commission does have a charge to preserve the neighborhoods, so the Commission does have an interest. Corcoran asked what the zoning is for the DP Dough restaurant. Michaud responded that it is CB -2, Central Business Service zone, so it could be, and it is, four stories high. She said however, the City is now requiring a 14 -foot first floor height, so it is almost like four and one - half stories, because such a high ceiling is required. Michaud said they seem to think that guarantees the success of the business, but it has not worked in other cases. Corcoran said she was surprised at the late hours of this business. She asked if the fan is required. Michaud replied that it is required by code, for when the kitchen gets to a certain heat. She said she talked to an expert, who was aware of some things the University does to minimize noise. Baker asked Commission members what they would like to do. Peterson said the Commission might consider sending a memo to City Council stating that this is a concern in the neighborhoods for which the Commission is responsible, but also City -wide, asking that the City Council do more research. She said the Commission might want to wait until the next meeting, when Swaim is present, as she generally drafts memos such as these. Corcoran said that in the meantime, Michaud could approach the City Council on her own. She said that the Commission could decide if it would want to consider this and vote to endorse it in memo form. Ackerson told Michaud that if she and her petition succeed, then she does not need help. He said, however, that if Michaud gets pushback, he thought the Commission should support Michaud's efforts. Michaud said she could use all the support she could get in the beginning. She said she would like to see something done before April, when the windows will be open and the noise will be twice as loud. Michaud said it will take some strategizing and talking to people who can give input. Ackerson said he likes the idea that the Commission has an interest but that this is a City -wide problem that needs to be addressed. He said it would be appropriate to have a Commission memo to that effect available whenever Michaud's approach to the City Council comes up. Ackerson said that might be something the Commission could move to have Swaim prepare so that it is available if needed, rather than waiting until the February meeting. HISTORIC PRESERVATION COMMISSION December 12, 2013 Page 8 of 9 Michaud asked if the Commission could have a special meeting in January, perhaps over the lunch hour. She said this is a quality of life issue for the people the Commission is trying to represent. Michaud said the Commission is always looking at plans by the inch, with everything down to the nanometer. She said the spirit should be to preserve the neighborhoods as well as the buildings. Michaud added that the buildings will not be preserved or have the same kind of occupant who respects them if there is an undue noise level. She requested that the Commission have a special meeting if possible and said she could have it at her house. Peterson said that a Commission meeting time would have to be posted in public ahead of time. Peterson said that if Swaim drafted a memo regarding this item, the Commission would have a chance to review it at its next meeting. She said if it is ready by the February meeting and the Commission can approve it, it would be delivered to the City Council in early February. Peterson asked Michaud if that time frame would be acceptable to her. Michaud said the wheels of change grind exceedingly slowly. She asked if there is anything else this can be tied to. Michaud said the Commission could talk about this later to discuss what is legal and what is proper. Peterson said she cannot be here for the January meeting, and because it is a slow time, Miklo suggested cancelling it. Corcoran said the Commission could hold a meeting and just consider this item. Peterson said the Commission could hold a meeting on its regular day if Miklo is available. She said she could check on that. MOTION: Corcoran moved that the Commission request that Swaim draft a memorandum to be considered that will address the issues addressed by Michaud regarding the need for the City Council to re- examine the City noise ordinance and that Swaim draft the memorandum for the Commission to consider at its next meeting. Michaud seconded the motion. The motion carried on a vote of 6 -0 (Baldridge, Litton, McMahon. Swaim and Wanner absent). CONSIDERATION OF MINUTES FOR NOVEMBER 14,2013: MOTION: Corcoran moved to approve the minutes of the Historic Preservation Commission's November 14, 2013 meeting, as written. Ackerson seconded the motion. The motion carried on a vote of 6 -0 (Baldridge, Litton, McMahon. Swaim, and Wanner absent. ADJOURNMENT: The meeting was adjourned at 6:20 p.m. Minutes submitted by Anne Schulte Z O N U � 0 O U O Z U LU O w w o � U N W Z r W O N N Z W W BE UJ a U a O F- U) z O U z O F-' Q r,� O a N o N a) 7 x E W N a c c c m Q.QQZ x0� r w Y LLJ N x X X X X O O x O O r LU I X x X X X � X X X X I x X X x x 0 0 X X CD r N X I X X X X X X o� O O O Go LU X I X X 0 X X O O oo X to ui C14 X I X X X X X X x x r x I X x x x X X X X o I x o o x x o x x x m x I X X x x X x x p O x 1 x x x x o x x x o d x I X x I I x x X X X M M X I X x I i X Q x X x x I x x I I x o 0 o x N O LLJ x I X X I I X x X X r M N X I X X I I p X X X X r IY X o) 0) o� m m o) o) o) o) 0) W W N N N N N N N N N N N co Cl) Cl) M M M M M 0 M Cl) Q W Y O Y _ Q wa' a Y 0 = Y a a O F- F 0.' z O Z LU V) Z w LL O F- W W 0O a Z 0 c Z Z Q Z 2 a W W Lu = O a v Q w Q O V V 0 � a a m a o a c0i m N a) 7 x E W N a c c c m Q.QQZ x0� r w Y 4b(3) MINUTES APPROVED HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 19, 2013 — 6:30 PM DALE HELLING CONFERENCE ROOM, CITY HALL MEMBERS PRESENT: Andrew Chappell, Cheryll Clamon, David Hacker, Jim Jacobson, Peter Matthes, Dottie Persson, Christine Ralston, Rachel Zimmermann Smith MEMBERS ABSENT: Michelle Bacon Curry STAFF PRESENT: Tracy Hightshoe OTHERS PRESENT: Jerry Anthony, Adam Sullivan, Heath Brewer RECOMMENDATIONS TO COUNCIL: No recommendations. CALL TO ORDER: The meeting was called to order by Chair Andrew Chappell. APPROVAL OF NOVEMBER 21, 2013 MINUTES: Persson moved to approve. Matthes seconded. A vote was taken and the motion carried 5 -0 -1 (Ralston abstaining). PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: None STAFF /COMMISSION COMMENT: Hightshoe explained that she would not be present at the January meeting and Steve Long, Community Development Coordinator, would be taking her place. ( Clamon and Zimmerman Smith arrived during Staff /Commission comment) Discussion Regarding FY15 Aid to Agencies Funding Requests Chappell discussed the allocation process for Aid to Agency Funding. He reminded the Commission that City Council adopted guidelines. At least 80% of the total funding will go to projects or agencies that meet a high priority based on CITY STEPS. He said the budget for Aid to Agencies funding is $378,700 while the applications total around $567,000. He said at the January meeting the Commission will make those recommendations and forward them on to HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 19, 2013 PAGE 2 of 4 City Council. He said this meeting tonight will be the time to decide what process the commission will use to determine the funding recommendation. Chappell said the Commission had a desire to get away from only relying on the funding history of each applicant in determining their recommendations. He said that is why they decided to focus on high priorities. He said the listed priority is what staff felt the main priority was based on the agency's application and mission statement as it related to CITY STEPS. This is subject to interpretation and HCDC can modify the priority if needed. Chappell said at his request Hightshoe sent out an email to all the applicants indicating that if they dispute the identified priority, they should reply with an explanation to Hightshoe. Persson asked for some clarification on terms that were used in the guidelines such as collaboration and innovation. Chappell said basically there is no definition than what one can find in a dictionary. In terms of these two words, it was an attempt to get agencies to collaborate and try innovative strategies to address issues. Chappell stated the commission tries to fund agencies or programs that are not duplicative in the community. Zimmermann Smith added that with dollars so stretched, organizations working in collaboration can sometimes do more than individual organizations alone. Hightshoe explained that in order to be considered a high priority for funding purposes, a substantial amount of the organization's time and /or budget must be directed to the identified priority. Chappell said this is the first year since they started making funding recommendations to City Council in which the Commission told the applicants that they shouldn't rely on the funding they received previously. Persson asked if one high priority was of more value than another. Hightshoe said in CITY STEPS the high priorities are all of equal value. Chappell said this allocation process is a work in progress and for Commission members to make notes as they go along so the process can be adjusted for next year. The Commission discussed that $5,000 will be the minimum it will award to any organization. Zimmermann Smith summarized the process the Commission members will go through on the allocations before they make a collective recommendation to the Council. The Commission discussed the feasibility of using a scoring system for this process. Jacobson recommended that if they consider using a scoring system, they should determine the answers they are looking for and then create the questions based on that. Consensus was to draft a recommendation on the spreadsheet that staff will send out. Members will come with their own recommendations and the discussion will proceed from there. Staff would not be summarizing each member's recommendations. Analvsis of Imaediments to Fair Housina Choice — Update Chappell said the plan is to discuss the draft of the report at the Commission meeting in January. Hightshoe said staff is still researching the role that the Commission is charged with in regards to the report — Review, Approve, Recommend, etc. Persson said she would like to see the recommendations in this report utilized in some manner rather than just be put on the shelf. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION DECEMBER 19, 2013 PAGE 3 of 4 Ralston said she wondered what the place is for prodding Council on things that the commission would like to recommend. Chappell said hopefully they will get that guidance from staff about what they are looking for from the commission with respect to reviewing this document next month. Hightshoe said she will find out from their legal department what the charge of the Commission is and what exactly they are supposed to do besides comment on the report. She said if there are recommendations in the report that the Commission wish to recommend to City Council to consider, it would need a majority vote to forward on to City Council. Ralston said if the Council says no to the commission they appointed to be looking at these types of issues, the commission can recommend it again, especially if there's data to back up that something is good for municipalities that resemble those like Iowa City. Monitoring Reports • FY14 MECCA — Facility Rehab (Ralston) MECCA entered into a contract with the City and have received and accepted bids for the work. The architect is now putting together the construction contracts but they still need to have a meeting with City staff and the contractors before they can start, which they hope to have by March 31. • FY14 MECCA — Aid to Agencies (Chappell) MECCA was allocated $16,880 and they use part of it each month to offset the cost of their medical director. FY14 Neighborhood Centers of JC —Aid to Agencies (Chappell) NCJC are using the $51,000 they received for overhead and childhood development programs spread among their several sites. • FY13 Neighborhood Centers of JC — Facility Rehab. (Bacon Curry) Report from Bacon Curry deferred to January meeting. • FY12 Mayor's Youth — Rental Housing (Bacon Curry) Hightshoe reported that last year they built a four - bedroom single family home on the northeast side of town in Stonebridge Estates, and they lease it out. She said the house is occupied by four people with disabilities who share the common area and who each get their own bedroom. She said they just finished the second home, which is about a block from the other home and is also a single family home. She said they have leased two of the units and will probably lease the other two within the next two months and at that point the whole project will be closed. • FY12 IV Habitat for Humanity — Land Acquisition (Clamon) Habitat purchased five vacant lots and one abandoned house, which they demolished. She said the grant was approved for four vacant lots but they were able to do more because the prices were low. She said the award was $180,000, and all the lots have been purchased. ADJOURNMENT: Zimmermann Smith moved to adjourn. Jacobson seconded. Motion to adjourn carried 8 -0. z O U) U) O U H z W O J W W } F" Z D � M ON �C6 ¢�v C7 W o z Co OwQ 2 0 a z 0 0 U z Wo 0.0 U w jW- , 0 W W N ZN N = Z � H Oa U Z 0 Z U) M 2 N LU O X X i i i %� i x x x x x T T X X X X X X X X T CD X x X X x X T x x 0 X x 0 X X W o O X X X o x x x o 'o Co N o x x o o x x x x x x x x x 0 x x x M x x x x x X x X x X X x X ui X X X T x X X 0 X x X o X x x LU x x x x ui T CL IT L M co LO (0 r) v (0 (0 V) LO LU O N O N o N O N Cl N O N O N O N O N Cl N O N O N O N W F- W J J W 2 U W Z Z W Z ~O J O -7 g W W I- - w y a J U U fn Q Q J 2 d (,� Z Z d O U Z O = O U6 z 0 z ON W w 0 U 5. a W W m 2 z m v v o o i = a raga a) a) :3Q W aa)) c a) cn N a Q Q z W , M x00 ' � r CITY OF IOWA CITY 4�� MEMORANDU]Vl - Date: February 21, 2014 To: Mayor and City Council From: Tracy Hightshoe, Housing and Community Development Commission Re: Recommendation from Housing and Community Development Commission At their January 16, 2014 meeting the Housing and Community Development Commission made the following recommendation to the City Council: The following FY15 Aid to Agencies budget, with the proviso that if there is more funding, every agency gets proportionally more, and if there is less each agency receives proportionally less, is recommended for City Council approval (passed 7 -0). Consideration of this recommendation will be placed on the May 6 City Council agenda. 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L Y V 3 :1Ri yam,, V) o a v° v E Y QJ V L V .L U i .0 E E E c O v f0 m C Q) a W c — L ±•� bA o w N p a L E -, U T v V) E O v CL t a a' p f0 +' o U Ln "* O> O V U ++ c ._ Fu o L 2 T 7 a' O U 3 O v_' V) +, V c O c L E 41 00 L w 3 O c p E O O +� T R O m v N 0 a f6 w= c _ V) E W v U .r O > L O O 3 VV) s U ,� p O av — a) a O p U- N? ca u p -a O ¢ CU w O a` O 7 N o N Q) f0 O ' OA c N O ¢ u O U" V) *' ° 7 E U +' N Q) v) p J a c LL v •ate_+ o Q Q L v Q7 `n O CO E a E N Ln E Q) N U O 0 W 2 t .M L �- .G) aQ U L w o o o -a o L Q o U U> o co W z a N Q d¢ Fn U U U O LV LL. U- 2 2 -, HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 16, 2014 PAGE 3 of 7 CALL TO ORDER: The meeting was called to order by Chair Andrew Chappell. APPROVAL OF DECEMBER 19. 2013 MINUTES: The Commission agreed to defer approval of the minutes for the next meeting. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA: None. STAFF /COMMISSION COMMENT: None. Review of the FY15 CDBG /HOME Allocation Process Long explained that the applications are due January 17. He reviewed some of the important dates listed on the printed timeline in the Commissioners' packets: • February 20 — Q & A session with applicants • March 6 — Review of groupings and consensus scenarios • March 13 — Only necessary if business is not concluded at the March 6th meeting Discussion Regarding FY15 Aid to Agencies Funding Requests • Discuss Aid to Agencies Applications • Develop Aid to Agencies Budget Recommendation to Council Chappell explained that this is a new process and that new guidelines were adopted by the City Council. The guidelines will require more scrutiny of the applications. He reminded the Commission that according to the guidelines at least 80% of the available funds need to be allocated to those that have a high priority. Chappell reminded the commission that DVIP's priority was classified as a high priority. Persson stated that she has a background with issues of homelessness, as she was on the Shelter House Board during the approximately ten years while the community was working to get a new facility built. She said that she has questions she wishes to be included as part of the minutes and hopes that City Council sees these questions: • Is DVIP requesting to be considered as a homeless service provider purely for funding priority purposes for this allocation or is it an overall shift in their mission? • How will DVIP be entering their data? They receive emergency services grant funding. All homeless service providers receiving this funding are mandated to participate in the State's Homeless Management Information System, which is ServicePoint. If recognized as a homeless service provider, will DVIP now participate in ServicePoint or do they intend to continue to be exempt and continue to enter their data in ALICE as other domestic violence providers do? • If this is a paradigm shift, has DVIP collaborated with Shelter House and the local homeless coordinating board to plan for this change or verify need for it? She said the criteria talks about collaboration, cooperation and innovation and if this is a paradigm shift then a look at that would be warranted, just like the 1105 project. She said in 2013 HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 16, 2014 PAGE 4 of 7 of the 133 women sheltered by Shelter House, 47% had histories of domestic violence. She repeatedly stated that if this is a paradigm shift, and she believes it is, collaboration, cooperation and innovation is warranted. She said she thinks the Commission tonight needs to address whether they will award money based on number of people sheltered or some other criteria, and do they have comparable data to determine that. She said she is asking that the Commission consider whether they are looking at collaboration, cooperation in placement of more permanent housing, participation in the workforce and access to mainstream resources. She said she was under the impression that this Commission would have a say in this. Chappell said the Commission always asks staff to make the determination where a given project or agency fits in CITY STEPS. He said with this process the Commission invited applicants to raise that issue if they thought the particular program they were asking for qualified under a different priority. He said for the particular program for which DVIP was seeking funding, and the Commission was clear that you can apply for and get priority for a specific program, staff made that determination. He said speaking for himself, absent some specific reason not to go along with that, he doesn't see any reason to question the high priority staff had given. He told Persson that she can certainly disagree with that and let that affect her recommendation. He said at this point the Commission has the information it had requested through the application process beside minor clarifications members might ask tonight. He asked for other follow -up on the points raised. There was none. The Commission members revealed how they individually made their determinations on funding, including only funding high priorities and funding only services that provide life- saving services. They decided to start with high priorities and tentatively fund them just to get the process going. Persson raised the question of why the Iowa City Community School District Family Resource Centers is not being funded through our tax dollars. Chappell noted that in the past he has not funded any City projects, since no other organization has the ability to raise funds by taxes like the City and the school district. Zimmermann Smith asked the ICCSD representative where the funding for the program came from before it started coming from the City. Susie Poulton explained that their federal grant ended and that money from some of the ICCSD funds can't be used for this program. Chappell asked if there are funds that can be used and Poulton said there were. Chappell said to him it's a question of the School Board prioritizing where they use their money. Several commissioners had reservations about the Community Corrections Improvement Association. Although they thought the work they were doing had merit, Hacker noted that the agency recently was hit by an unfavorable report from the State regarding mislabeling of where funds were used. Chappell asked the commission how they felt about the funding for DVIP. A majority of the members said they thought DVIP and Shelter House should be funded fully and equally. A representative from Shelter House was asked why they had requested nearly twice as much as they did last year. She replied that the City's funding for them has diminished in the past few years while the number of those being served has increased. In response to Jacobson's question, she said that the City's funding had dropped in real dollars and as a percentage of their total budget. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 16, 2014 PAGE 5 of 7 Persson said she felt that Shelter House could not be funded at less than DVIP especially when there are so many people with domestic violence in their background being housed by Shelter House. She said she supports both agencies. Bacon Curry noted in regard to Big Brothers, Big Sisters that the amount of request for funding from Iowa City seemed much higher than the amount requested from Coralville based on the number of clients served from each community. Several Commissioners commented that Four Oaks seemed to be relatively flush, and therefore, they did not recommend any funding. Heath Brewer of Habitat for Humanity Furniture Project said they are struggling with no funding now. He said they used to get funding from a City Landfill account, and according to Long that will not happen again. Brewer said there are other resources in town for furniture but the idea behind The Furniture Project is that they coordinate with many different agencies that are able to give their clients a referral to The Furniture Project. He said there's a need for more, but they can't afford it. The Commission moved on to the medium priorities and entered starting points of funding. Chappell asked the representative from Pathways why they had increased the amount requested substantially. The Commission agreed that it's the only program of its kind in town and is needed. Jacobson had issues with HACAP as he reported he felt the wages they paid qualified some of the workers for HACAP services. A representative from HACAP said their wages are comparable to the private sector. Chappell asked if it is true that their budget is $25 million. The representative said it is, but the Backpack Program, which is what they are requesting funding for, is strictly by contribution and has no funding applied to it. Chappell said he views that the same way he views the school district funding. Persson urged the Commission to look at Shelter House and DVIP again. Chappell asked if there are other Commissioners who want to adjust the number for Shelter House. Jacobson suggested putting both of them at $45,000. The Commission discussed and debated where to make adjustments in their tentative funding numbers. Persson questioned what happened if more or less funding is actually received. Chappell explained that if they should get more or less funding, he proposed that every funded agency will then receive a proportional increase or decrease up to their actual request. Jacobson moved to recommend the Commission's Aid to Agencies funding recommendation with the provision that if there is more funding, every agency gets proportionally more up to their request, and if there is less each agency receives proportionally less. Persson seconded. The motion carried 7 -0. HOUSING AND COMMUNITY DEVELOPMENT COMMISSION JANUARY 16, 2014 PAGE 6 of 7 Monitoring Reports FY14 Free Medical Clinic — Facility Rehab (Ralston) • FY13 HACAP — Rental Rehab (Jacobson) FY13 Habitat —Acquisition and Rehab (Matthes) • FY13 Charm Homes —Acquisition (Jacobson) FY13 Neighborhood Center of Johnson County — Facility Rehab (Bacon Curry) All the monitoring reports will be deferred to the next meeting. ADJOURNMENT: Zimmermann Smith moved to adjourn. Jacobson seconded. Motion to adjourn carried 7 -0. z 0 U) U) 0 U H Z cw G 0 J W w D } H z 0 Uo � N Q z� ° 0) :w 0Qa z 0 O U z wo a0 00 V w jw, 0 �ZN r Z O N = z OQ U 0 z Q 0 z a ` W aEi c C c aa)) (n cn �¢az n n u n W , YXOO ' X X X X X O X O X N O X x ; X X X x X x CQ X X X X X X X X r 0 X X X 0 0 X X X x x 0 6 x X o x x w O x x x 0 x x x oo Go o x x 0 0 x x x x r- X X x X X 0 X x X M X x X x x x x i i i X X X X X X X x X X x X W O w O x x x w O CL � LO IT M M LO co m IT cD co LO LO O N O N O N O N O N O N O N O N O N O N O N r O N r O N r w LL r 0) r 0) r a) r 0') r 0') r O'j 0') 0) w J J w 2 U w w O F- LLJ Z o Q W ~ F- v w U -1 � 0 Q v Z z = 0 w O 0 �� uw z p a a > 0 0 w Y F= m p = H w cn to w = V Q w Q F- V U W J V Z m 0 0 0 0 0 x x � � Gw. a ` W aEi c C c aa)) (n cn �¢az n n u n W , YXOO ' =zz - 4 IT .x.0..0. -.4 CITY OF IOWA CITY 4b(5) MEMORANDUM - Date: February 19, 2014 To: City Council From: Stefanie Bowers, Staff Member of Human Rights Commission Re: Recommendation from Human Rights Commission At its January 21, 2014 meeting the Human Rights Commission made the following recommendation to the City Council: The Commission requests the Council to reconsider its decision to discontinue the half -fares for SEATS riders at the end of FYI 4 and to continue to offer half- fares in light of the fact that according to SEATS Director Tom Brase: l) More than 51% of SEATS riders are eligible for half - fares; 2) Over 91 % of the rides SEATS provides are made by half -fare riders. The elimination of the half -fares impacts businesses and has a very tangible effect on the human rights of persons who reside in this community. Additional action (check one) X No further action needed Board or Commission is requesting Council direction Agenda item will be prepared by staff for Council action S:RECform.doc Minutes Human Rights Commission January 21, 2014 — 6 P.M. Helling Conference Room APPROVED Members Present: Harry Olmstead, Orville Townsend Sr., Ali Ahmed, Paul Retish, Joe Coulter, Andrea Cohen, Jewell Amos, Kim Hanrahan. Members Absent: Shams Ghoneim. Staff Present: Stefanie Bowers. Recommendations to Council: YES. The Commission requests the Council to reconsider its decision to discontinue the half -fares for SEATS riders at the end of FYI 4 and to continue to offer half- fares in light of the fact that according to SEATS Director Tom Brase: 1) More than 51% of SEATS riders are eligible for half - fares; 2) Over 91% of the rides SEATS provides are made by half -fare riders. The elimination of the half -fares impacts businesses and has a very tangible effect on the human rights of persons who reside in this community. Moved by Olmstead, seconded by Amos. Motion passed 8 -0. Call to Order: Bowers called the meeting to order at 18:03. New Commission Member: Commissioners recognized newest member Ali Ahmed. Consideration of the Minutes from the December 17.2013 Meeting: Moved by Townsend, seconded by Hanrahan with information added to clarify Finnerty's comments under the Report of Education to read: Finnerty proposes a friendly amendment to state that `when policies arise pertaining to the minority community the school district should consult the minority community or any of its committees.' Correction under Reports of Commissioners (Cohen) should read `school buses' and not local school buses. Motion passed 7 -0. (Coulter not present). Public Comment of Items Not on the Aeenda: None. Meeting Business: Selection of Vice Chair for 2014 Olmstead moved to elect Cohen, seconded by Amos. Motion passed 7 -0. (Coulter not present). Selection of Chair for 2014 Townsend moved to elect Olmstead, seconded by Hanrahan. Motion passed 7 -0. (Coulter not present). Establishing a Policy for Funding Request to Commission Amos provided a sample policy that read: The purpose of the Commission is not to donate it's (sic) funds to individuals or Organizations (sic). All individuals and organizations that solicit for donatedfunds will be denied such funds. Cohen suggested that the creation of a policy for funding request might be best reviewed for evaluation by an outside consultant who would use input from Commissioners as to what the policy should be. A consultant could also assist in evaluating the effectiveness of the Commission's donations in the past to events and organizations. Commissioners declined to move forward on using a consultant citing the number of Commission subcommittees to date. Amos will rewrite a draft policy for the Commission to consider at its February meeting date. SEATS Olmstead requested that the Commission send another recommendation to the Council asking them to reconsider their decision to discontinue the half -fares for SEATS riders at the end of FYI 4 and to continue to offer half -fares in light of the fact that according to SEATS Director Tom Brase more than 51 % of SEATS riders are eligible for half -fares and over 91 % of the rides SEATS provides are made by half -fare riders. Motion Olmstead, seconded by Amos. Motion passed 8 -0. See Recommendations to Council. The elimination of the half -fares is a very tangible human rights concern for riders. In addition, if the elimination of half -fares reduces the number of SEATS riders overall it also has an economic effect for local businesses. Old Business: Inventory of Ramps Olmstead reports the Council increased the FY 14 budget for improving ramps throughout the City (from $50,000 to $100,000). However, he notes that the increased funding is still insufficient to bring the City into compliance with the Americans with Disabilities Act. Subcommittee Resorts: International Students Subcommittee Bowers indicated that staff is looking into getting discrimination and fair housing outreach materials translated into Mandarin Chinese. Racial/Ethnic Equity Roundtable No report. Breakfast Ahmed will discuss the allegations against the Sheraton (wage theft of past employees) made by the Center for Worker Justice with the Center for Worker Justice as he is a board member to see if there are any updates. Ahmed will report back to the Commission at the February meeting date. Education Coulter reported that the Iowa City Community School District Board recently discussed the diversity policy. Retish will contact the Equity Director of the school district to get more information. Townsend noted that many youth of the church he belongs to were unable to participate in the church's annual Martin Luther King, Jr. program because of the decision to hold school on this day. Motion Olmstead, seconded by Townsend for the Commission to send a note to the school district that the Commission supports the school district in not holding school on Martin Luther King, Jr. National 2 Holiday for 2015 and in the future. The Commission would also request a written response back from the school district in regards to their intent to hold school on the Martin Luther King, Jr. National Holiday in the future. Motion passed 5 -1. ( Retish voted against)(Hanrahan, Coulter not present for vote). Newcomers to the Community Cohen suggests merging the International Students Subcommittee under Newcomers to the Community Subcommittee. Building Communities Townsend made a suggestion to Steve Rackis, Director of the Iowa City Housing Authority to add language in its literature (Who We Are & What We Do) that explains that the Housing Authority has its own investigative process for allegations of misconduct for participants of the program. The investigative process used by the Housing Authority is separate and distinct from the legal system should a consumer of the program or a member of their family face legal troubles that comes to the attention of the Housing Authority. Olmstead added that the literature should be printed in multiple languages. Bowers reported that she had discussed Townsend's suggestion with Rackis and that Rackis was open to placing such information in the literature when it was revised later this year. UI Center for Human Rights No report. Building Blocks to Employment Job Fair Bowers reported that the last planning meeting had very low attendance and without more assistance it is unlikely that the job fair will continue. Attendees at the last meeting reported not seeing a need for a job fair and felt another approach may be more beneficial to the community. Another meeting will be scheduled and after that time it will be decided whether to continue to hold the job fair. Commission Townsend reminded Commissioners to not make any commitments to others on behalf of the entire Commission. Any commitments to participate in events or share in any initiatives should be presented and discussed by the entire Commission at a monthly meeting. Retish announced that he is teaching two courses thru the Iowa State Extension Program in 2014 and encouraged Commissioners to attend not only his programs but the other courses being offered that are on a variety of different topics. Amos mentioned that The Visible Action Team is working on getting nursing homes and other persons, organizations and businesses who work with an elder population to be more sensitive and respectful of people from the Queer Community as they age. Cohen invited Commissioners to visit and read her blog and to submit any suggestions or ideas to her. Olmstead gave the details on an upcoming keynote presentation by Council Member Kingsley Botchway being held at the University of Iowa College of Law. Olmstead also requested that staff send a letter to Royceann Porter congratulating her on receiving the Martin Luther King, Jr. Achievement Award from Iowa Governor Branstad. Staff Bowers will schedule an additional orientation with Ahmed and Retish to discuss the role of staff to the Commission. Cohen moves to adjourn. Townsend seconds. Motion passed 5 — 0. (Olmstead, Hanrahan, Coulter not present for vote). Adjournment: 19:34 Next Regular Meeting — February 18, 2014 at 6 pm. 4 Human Rights Commission ATTENDANCE RECORD YEAR 2013/2014 rMeetinQ Dntel NAME TERM EXP. 1/28 113 2/19/ 13 3/19/ 13 4/16 113 5/21 113 6/18/ 13 7/16/ 13 8/20/ 13 9/17/ 13 10/15/ 13 11/19/ 13 12/17/ 13 1/21/ 14 Diane Finnerty 1/1/14 X X X O/E X X X X X O/E X X - Ali Ahmed 1/1/17 - - - - - - - - - - - - X Orville Townsend, Sr. 1/1/17 X X x X X X X X X X X X X Paul Retish 1/1/17 - - - - - - - - - X X X X Dan Tallon 1/1/14 X X O/E X X X O/E R R R R R R Kim Hanrahan 111115 X X X O/E X X X X X X O/E X X Shams Ghoneim 111115 O/E X X X O/E X O/E X X X X X O/E Jessie Harper 111115 X X X R R R R R R R R R R Jewell Amos 111115 - - - - - - X X X X O/E X X Katie Anthony 1 /1/16 X X X X R R R R R R R R R J.oe D. Coulter 1/1/16 X X X X X X O/E X X X X X X Harry Olmstead 1/1/16 X X X X X X X X X X X X X Andrea Cohen 1/1/16 - - - - - - - O/E X X X X X Connie Goeb 1/1/13 - - - - - - - - - - - - - Howard Cowen 1/1/13 - - - - - - - - - - - - - David B. Brown 1/1/14 R R R R R R R R R R R R R Henri Harper 1/1/14 R R R R R R R R R R R R R KEY: X = Present O = Absent O/E = Absent /Excused NM = No meeting - -- = No longer a member R = Resignation 5 PLANNING AND ZONING COMMISSION APPROVED JANUARY 13 — 5:30 PM — INFORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: Phoebe Martin STAFF PRESENT: Bob Miklo, Karen Howard, Steve Long, Eric Goers RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order at 5:30 PM. Code Item 1. Discussion of Riverfront Crossings District Form -Based Zoning Code. (Available for review at http: /hvww.icaov.orq / ?id =2094) 2. Discussion of proposed changes to parking requirements and alternatives to parking minimums in the Zoning Code that would apply in Downtown and the Riverfront Crossings District and elimination of the Near Southside Parking Facility District and associated parking impact fee. Miklo indicated that the only item to be discussed will be this code item unless the Commission had questions about any of the other items. There were no questions. Staff presented a printed matrix with questions from individual Commission members about items in the Riverfront Crossings Code and staff's response. Steve Long, Community Development Coordinator for the City spoke about the first item on the matrix, which is "provide that all affordable units and 15% of elder unit rents cannot exceed the Iowa City Housing Authority payment standards for one, two or three - bedroom units ". Long explained that Fair Market Rent is determined by HUD. He said in addition City Council has adopted a policy for projects receiving financial assistance for workforce housing. He said for rentals it was determined that using 120% of the Fair Market Rent limits is appropriate as a maximum in Riverfront Crossings and Downtown Iowa City. Howard said the question here is that the only thing in the Riverfront Crossings Code now is that bonus provision. She said staff's recommendation is to keep it as flexible as possible or else it might not be used at all. She said if you truly want to assure that there is affordable housing you Planning and Zoning Commission January 13, 2014 - Informal Page 2 of 3 would have to do some sort of inclusionary housing policy where you require every project to have a certain number of affordable units. She said they did receive a communication from the group Affordable Housing. Freerks asked if it's something that could come later and not be just about this particular area but about development as it continues throughout the city. Eastham said he would like staff comments at a later date about high bonuses that are proposed may not have enough monetary value to allow for reduced prices and also what is known about the success of the approaches that are suggested in the Code, which is a case by case negotiated approach. Freerks addressed the next issue on the matrix, which was "promote access to affordable units and affordable elder units for very low income residents by including a provision similar to — "the owner cannot refuse to lease affordable units to a Section 8 rental assistance voucher holder or holder of other forms of rental assistance because of the status of the prospective tenant as a holder of such assistance" Long explained that income is not a protected class. He said if you use HOME funds, which are HUD funds for affordable housing, in a development you cannot deny someone because they are on Section 8. He said using any other type of funds you can decide not to accept a Section 8 voucher. He said currently the most given reason landlords won't accept Section 8 is because of increased inspections. Freerks asked if there would be lawsuits if the City tried to do this. Goers said potentially, but the City Attorney's office can explore this some more if it's something this Commission would want to consider. Staff does not recommend putting a provision in the zoning code that would not be consistent with federal rules. Commission members decided they wanted to pursue this issue further. Freerks read the next issue regarding "provide that individuals and families occupying all affordable units and 15% of elder units have incomes less than the 80% Area Median Income adjusted for household size as published by the Iowa City Housing Authority." Eastham said he thought there should be different income limits rentals and owner occupied as the latter generally requires more income. Long said he thinks it's important to have affordable housing, but it's just as important to have flexibility. Howard explained that a lot of these projects have multiple funding streams and the idea wasn't necessarily that the bonus would be used solely as the only means of achieving it. Dyer asked if theoretically you could combine affordability and environmental provisions to get funds from two different kinds of sources. Long said you could. Dyer said that seemed like a good idea. Eastham said examples based upon a reasonable explanation of cost would be very helpful in trying to decide what kind of provisions to include. Freerks said she felt to have all at the 80% median income for the entire area is too restrictive. The Commission decided this item needed more thought from them. ADJOURNMENT: The meeting was adjourned. 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Additional action (check one) No further action needed Board or Commission is requesting Council direction _X_ Agenda item will be prepared by staff for Council action PLANNING AND ZONING COMMISSION APPROVED JANUARY 16,— 7:00 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Charlie Eastham, Ann Freerks, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: Carolyn Dyer STAFF PRESENT: Bob Miklo, Karen Howard, Eric Goers OTHERS PRESENT: Sally Scott, Glenn Siders, John McKinstry, Maryann Dennis, Al Zimmerman, Mark Boding RECOMMENDATIONS TO CITY COUNCIL: The Commission voted 6 -0 to recommend approval of SUB13- 00024, a request for preliminary plat approval of Lindemann Subdivision Part 46, 6 & 7, an 83 -lot, 25.04 -acre residential subdivision located on Kenneth Drive north of Camden Road with approval subject to an acceptable plan for the location design of a mailbox cluster, and prior to the City acceptance of the open space there will be landscaping established. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was none. Comprehensive Plan Item CPA12 -00006 A public hearing for a Comprehensive Plan Amendment to amend the Southwest District Plan to change the land use designation of property located west of Mormon Trek Boulevard, north of Westwinds Drive (Walden Square) from Neighborhood Commercial to General Commercial. Freerks explained that this item goes together with Item E the rezoning item below REZ12- 00001. Rezoning item REZ12 -00001 Discussion of an application submitted by Southgate Development Services for a rezoning of 8.7 acres of property from Neighborhood Commercial (CN -1) to Community Commercial (CC -2) zone located at west of Mormon Trek Boulevard, north of Westwinds Drive. Planning and Zoning Commission January 16, 2014 - Formal Page 2 of 11 Miklo showed the Commission images and a zoning map of the area; he then explained the differences between the CN -1 and CC -2 zones in terms of uses allowed and additional site development requirements that go along with each of the zones. CN -1 puts limitations on the size of some uses allowed in the zone, including restaurants, offices, etc. Miklo explained the history of the development and how over time, because of its locational advantages and growth on the west side of Iowa City, the shopping center has come to serve a much wider area than was originally anticipated when the property was zoned CN -1. He stated that while staff was recommending approval of the comprehensive plan amendment and the rezoning, their recommendation included three conditions dealing with signage, building design, and outdoor display in order to help ensure that the shopping center remained compatible with the surrounding neighborhood. In response to questions from the Commission, Miklo responded that lighting is the same in both zones. He also stated that while the immediate neighborhood has not changed since the District Plan was adopted, the entire west side has grown considerably and commercial areas, other than those on Highway 1 and Highway 6 have not developed. Miklo explained that the grocery store is, other than Walmart, the only grocery store west of the river in Iowa City. The same it is true of the drugstore and bank, which are the only uses of their kind other than what is found on Highway 1. Miklo explained that in the CN -1 a gas station would require a special exception. In the CC -2 they are allowed by right. He noted that the 1,000 square foot limit on outdoor display would effectively preclude a car dealership of sales lot while still allowing retailers to provide seasonal outdoor displays. He explained that a conditional zoning agreement may put limits on uses allowed in the zone (such as size restrictions) but cannot prohibit those uses that would otherwise be allowed. Glenn Siders for Southgate Development indicated that they had no objection to the conditions staff was recommending. Some of the size limitations on the existing uses in the commercial zone, such as a physical therapy clinic, were limiting the opportunity for those uses to grow. All the existing uses comply with the CN -1 standards. He stated that if Hartig Drugstore were to leave and they were unable to attract a new drugstore, they would probably have to divide the building into 3 new spaces in order to comply with the space limitations and that would be difficult with that particular building. Freerks closed the public hearing. Thomas moved to approve CPA12- 00006, an application submitted by Southgate Development Services to amend the Southwest District Plan to change the land use map designation of Walden Square, from Neighborhood Commercial to General Commercial. Second by Eastham. Theobald stated that she lives in the neighborhood and that many people in the neighborhood use the commercial center, especially those living in the nearby apartments who walk to the shopping center. Also many walk across Mormon Trek to shop. The uses do serve the neighborhood. The Southwest District Plan had recommendations for improvements to serve pedestrians and it expressly recommended that it remain a neighborhood commercial area. Therefore, she would vote against the change. Freerks stated that she did not see that this would cause a change to what was there but might allow an opportunity for existing uses to expand. She stated that this would not create a situation in which traffic would change. While it is good that there is considerable neighborhood foot traffic that there is also a lot of traffic /customers coming from outside the area. She thinks it is one of those Planning and Zoning Commission January 16, 2014 - Formal Page 3 of 11 tricky areas that needs to be designed to serve both pedestrians and those coming by car. Freerks asked how new users or property owners would be aware of the special conditions. Goers indicated that new property owners would become aware through a title opinion. Martin stated that she believes Mr. Siders addressed the issue of market demand for the changes. Eastham stated that he would like to see the parking area re- designed and more paved trails to the north and south and somewhat to the west, however those trails are on someone else's property and so cannot be a condition or rezoning. Otherwise he cannot see what the change would portend for the future, especially with the conditions which seem to eliminate things that would not complement the neighborhood. He is concerned about the proliferation of convenience stores. Thomas stated that he too was torn. He supports having more neighborhood commercial but believes it requires the right context. This seems to be a hybrid. He wondered how the parking area could be reconfigured to allow more commercial uses. Freerks stated that the goal of the applicant seemed to be to maintain stability and not have vacancies, such that as certain brick and mortar uses go away, such as video stores, other uses need to occupy those spaces and that's where growing the existing uses makes sense. Her concern was not to allow something that truly would not be in the interest of the neighborhood, like a car dealership. Theobald stated that the existing small businesses are supported by the neighborhood and that the "good neighbor policy" had not been used. She is concerned about crime and the addition of alcohol outlets. Miklo stated that the regulations for alcohol uses are the same. Miklo stated that the existing development was probably more characteristic of the CC -2 zone in terms of the placement of buildings and parking. This was built before the current CN -1 site development standards were in place. The difference in this situation is that the size of uses is limited in the CN -1 so that they are not reliant on a larger market. The idea with those limitations is that the zone not be drawing traffic into a neighborhood from the entire community. However, in this case, because Mormon Trek Boulevard is such a major traffic carrier, the shopping center already functions as a shopping center for the west side. The only way to go beyond the size limitations is through a change in the zone. Howard noted that there is a lot of overlap between all of the commercial zones. The staff report points out the differences that are distinct that may not be compatible with the neighboring residential uses or with pedestrian traffic. She pointed out that many other Community Commercial areas in the city also are surrounded by neighborhoods and people walk to those shopping areas and they also draw from a larger area. She cited the Towncrest area as one that is similar in that respect. Theobald expressed concern about alcohol outlets and businesses open after 9 o'clock at night. Miklo indicated that the Planning and Zoning commission could put limitations on hours of operation. He recommended that if the Commission was considering additional conditions, they should defer to provide time to determine what conditions to apply. Howard advised the board to keep in mind that the area is built out and is not expanding. A market is there and the uses and buildings have been established. Theobald noted that the convenience store in the area has become principally a liquor store, which was not always the case. Swygard expressed the concern that if commercial uses were allowed to expand that this might Planning and Zoning Commission January 16, 2014 - Formal Page 4 of 11 bring more traffic in from a broader area into a confined space. Miklo pointed out the zoning boundary—the area is limited size. Also the topography, storm water basin, and the residential units above the storefronts provide some buffer between the shopping center and the adjacent residential area. The parking area is also well used such that there is not a lot of opportunity to new retail space beyond the buildings that are there currently. Eastham noted that the present uses there are what make this a focal point for the neighborhood and questioned whether those uses might not change if there is higher demand for larger spaces. Swygard asked whether a transition to larger uses would impact the parking. Howard responded that they can only have as much square footage as they can park, and that the parking requirements are the same in both zones. Thomas said his concern was that this could lead to there being fewer small establishments in the zone. He asked whether there are conditions that could help to preserve a mix. Howard stated that the CN -1 zone limited eating and drinking establishments to an occupant load of 100 though it could go up to 125 with a special exception. She said that is a fairly large size. She noted that a restaurant is not open after midnight; if it is open after midnight and serves alcohol it is considered a drinking establishment. Goers noted that the alcohol sales rule —the 1,000 foot separation rule —does not apply in the CN- 1 or CC -2 zone. The applicant indicated that they would not entertain limitations on size or hours of operation. He indicated he would agree to a 2 -week deferral. Thomas withdrew his motion to approve. Eastham moved for deferral of the Comprehensive Plan item to the following meeting. Theobald seconded the motion. A vote was taken and the motion carried 6 -0. Eastham moved to defer item REZ12 -00001 for the rezoning of the property to the following meeting. Second by Martin. A vote was taken and the motion carried 6 -0. Development Item SUB13 -00024 Discussion of an application submitted by Southgate Development for a preliminary plat of Lindemann Subdivision Part 413, 6, & 7, an 83 -lot, 25.04 -acre residential subdivision located on Kenneth and Charles Drive, north of Gustav Street. Miklo said this item had been deferred from December and they have now received a revised plat that extends Kenneth Drive and Daniel Drive to the north as called for in the Comprehensive Plan and the Conditional Zoning Agreement. He said that staff believes in this case that eighty -three mailboxes in the same cluster would be considered a large cluster and therefore should have some consideration to how it's located in the subdivision and how it's designed. He said the applicant has worked with the Post Office to identify an outlot for the cluster to be permanently located, and there may be some need for the clusters to be temporarily located, as it's possible that not all the streets will be built at once and there may not be access to the clusters. Miklo said staff will ask the applicant to make a proposal for landscaping around the cluster. He Planning and Zoning Commission January 16, 2014 - Formal Page 5 of 11 said the reasons for the requests for landscaping are that some landscaping will help buffer the activity associated with eighty -three residents picking up mail, primarily around the same time of day, and that the appearance of a large cluster will have an impact on the adjacent area. He said staff recommends approval for this item subject to a plan for the cluster and landscaping. Miklo said the applicant is concerned that the homeowners' association may not like the landscaping chosen, and he said that one solution would be to require installation after the homeowners' association is established so the developer could work with the association to come up with a satisfactory plan. Freerks asked how the parking works for these clusters. Miklo said that so far the clusters have been fairly small so there hasn't been a pull -over. Martin said at the larger clusters in Idlewyld and Spring Valley there are pull - overs. Miklo said they didn't specify that as a requirement, and the thought is that it would be done on a case by case basis. He said there is some open space in this instance so people could park on the street. Eastham asked about the vehicles turning around after people have gotten their mail. Miklo said it depends on how people get to the cluster, and hopefully many of them would walk. Martin asked for and got clarification that this is a requirement of the Post Office yet it will not help financially in any way. Freerks opened public hearing. Glenn Siders of Southgate Development said they don't want to show a specific landscape plan until the homeowners' association is established, and they are willing to stipulate to that in legal documents. He said they did create a concrete pad for the actual mailbox units and green space around that in an outlot to provide for landscaping. He said an outlot that gets dedicated to the City will be independent of the landscaped area and will also be stipulated to in the legal papers. Miklo suggested using the phrase "prior to the City acceptance of the open space there will be landscaping established." The applicant and the City Attorney concurred with that. Freerks closed public hearing. Eastham moved to recommend approval of SUB13- 00024, a request for preliminary plat approval of Lindemann Subdivision Part 413, 6 8& 7, an 83 -lot, 25.04 -acre residential subdivision located on Kenneth Drive north of Camden Road with approval subject to an acceptable plan for the location design of a mailbox cluster, and prior to the City acceptance of the open space there will be landscaping established. Martin seconded. Freerks said she's happy to see the street connection. She said the mailbox clusters are something new, and it remains to see how they look as they get bigger. She said it's something the City is stuck with. She said she thinks this development will be a good addition to the community. Eastham said he's happy to see the interconnected street design working out A vote was taken and the motion carried 6 -0. Freerks called for a four minute break. Freerks called the meeting back to order. Planning and Zoning Commission January 16, 2014 - Formal Page 6 of 11 Code Items Discussion of Riverfront Crossings District Form -Based Zoning Code. (Available for review at http: / /www.icgov.org / ?id =2094) Eastham disclosed that he had been present at a meeting of a group that has been interested in the form based code section having to do with the affordable and elder housing. He said the gist of what was said at that meeting is taken up in correspondence from that group and its recommendation and request. He said the discussion was mainly on how to include anything in the Code or the Riverfront Crossings Plan in terms of achieving affordable housing in that area. He said at the meeting he tried to provide information about how the Commission works and when it meets. Eastham said he would provide an email from that group that summarized the discussion. Goers said that it would be appropriate to include those emails in the records of this meeting. Howard said the Commission had a work session January 13 to go through some things that the Commission wanted staff to look at with regard to various aspects of what's proposed in this code. Freerks said the Commission had discussion about the proposed form based code at its work session and people submitted questions, and now it's important for the public to comment and give feedback on it as well. Swygard asked for clarification about distance from student housing on the west side. Howard said to qualify for the student housing bonus provision the project would have to be within one - thousand feet walking distance of the edge of the campus as defined on a map that she showed. Swygard asked if it would be limited to one side of the street. Howard said it would apply to both sides of Riverside Drive as well as to distance from the campus on the other side of the river. She noted that the campus boundaries for purposes of the form -based code are illustrated on the regulating plan for Riverfront Crossings. Freerks asked what would happen if the university acquired more property. Howard said the map would then have to be revised. Eastham said some of the discussion at their last meetings had to do with accessibility of structures allowed by the form based code provisions and whether the code was sufficient to assure that no -step entrances were going to be possible. He said for at least a few of the frontage types he didn't see that they allowed a sidewalk level building to be built. Howard noted that the code states "steps and /or ramps" and the ADA requirements in the building code would determine how accessibility is addressed. Eastham said he would like the staff to clearly address what the form based code language actually requires and allows for no -step entrance at the front of each one of the allowed building types. Howard said there was no intention to make it different than any other part of the city. Freerks opened public discussion. Sally Scott said she is the volunteer facilitator for a new organization called The Johnson County Affordable Homes Coalition but she is speaking tonight as an individual. She said the form based code does address some of the issues she's concerned about. For example, there is a bonus provision for affordable or workforce housing. However, she stated that it is problematic that affordable housing is not mentioned as a goal in the Master Plan for Downtown and Riverfront Crossings. Planning and Zoning Commission January 16, 2014 - Formal Page 7 of 11 Freerks noted that the Master Plan was approved earlier in 2013 and that what was being considered by the Commission at this time was the form -based code for Riverfront Crossings. Scott said she is requesting that the Downtown and Riverfront Crossings Master Plan be amended to specify that 15% of all residential units, approximately 450, should be accessible to people earning less than 80% of Area Median Income. She said that once the City government incorporates this target into the Master Plan, a task force of city officials, for - profit and nonprofit housing developers, University officials and city residents should determine the specific means to achieve the goal. Scott said significant public dollars will support the redevelopment of this area, and given the large investments of public funds, residential development in this area should benefit the full range of Iowa City residents, including lower- income and older people. Scott said the Downtown and Riverfront Crossings Master Plan adopted in January 2013 makes no mention of affordable housing outside of arts - related units in the Gilbert District. She said the shortage of affordable housing in Iowa City has become apparent since then, as over 63% of renters are paying more than 30% of their income on housing costs. She said other than students, most people earning less than $35,000 can't afford to live in Iowa City, resulting in more people moving farther from their places of work, which negatively impacts families, communities and the environment. Scott said the provision of incentives in the Riverfront Crossings Form -Based Development Standards does not guarantee that any affordable or elder housing will be built in that area, which would be a huge missed opportunity. She urged the City of Iowa City to make affordable housing an integral, not an optional, part of the Riverfront Crossings redevelopment. John McKinstry of 308 Ronalds Street said although he can't speak officially for the Consultation of Religious Communities, his clergy and laity colleagues share his concerns about affordable housing. He read from a letter written by Bob Welsh of 84 Penfro Drive that stated that one of the important features of a livable community is affordable accessible housing and that Riverfront Crossings provides Iowa City an opportunity to declare in the Form -Based Development Guidelines that it is the City's intent that 100% of all housing units in Riverfront Crossings are totally accessible. Welsh went on to say that he hopes the City's will affirm in those Guidelines its intent to ensure that all the housing units are affordable, citing the example that if 16% of families had income under $25,000 then 16% of the housing units would be affordable for persons at that income level. He urged the City to not miss the opportunity that Riverfront Crossings presents. McKinstry said he applauds the Iowa City Community School District for their diversity policy which is intended to balance out the past failings of the entire county to have adequate amount and scattering of affordable housing to overcome some of those geographic inequalities that exist. He said he believes when public funds are used in redevelopment then the entire public needs to benefit directly and that the lower income people who work in this neighborhood should have places to live within it. He said it is increasingly difficult for working families to have affordable housing in this county, and he thinks it's the responsibility of everyone to see that we don't continue to go down that road that we've been on for years. Maryann Dennis said she is speaking for The Housing Fellowship and wants to reiterate what previous speakers have said. She said City Council recently adopted priorities for neighborhood stabilization in their Strategic Plan, and one of the Plan's priorities is to define and address affordable housing issues in Iowa City. She said the Riverfront Crossings regulations can help to achieve that goal by including bonuses for development that reserve a minimum of 15% of the dwellings as affordable to households with incomes below 80 %. Planning and Zoning Commission January 16, 2014 - Formal Page 8 of 11 Al Zimmerman of 2422 Lakeside Drive #4 said he is a retired minister who moved back to Iowa City to be close to his family, and he really had to struggle to find affordable housing, even with what he considers a good income. He asked the Commission to keep the entire community in mind as they determine this new project. He said he would hope that the housing that is provided will reflect all socioeconomic groups in the community so that we can truly be a community. Freerks closed public discussion. Eastham moved to defer this item to the meeting of February 6. Thomas seconded. Freerks said they have laid forth a number of issues for staff to address including affordable housing, building height and entry levels. Martin asked if a certain number of units within a building are set aside for affordable housing, are they not rented except to someone who meets that requirement and how long do they remain vacant if they don't get filled. Howard said the proposal is to explore options to achieve affordable housing goals and there's no one right answer to how it might be done. She said to research how inclusionary housing could be incorporated into the code would take some time. Freerks explained to Martin that the idea is to give people incentives to want to use the form -based code and to also do affordable housing. She said the Commission is asking staff to explore how best to entice people to want to do that. Miklo said that typically with inclusionary zoning certain units are set aside to be rented or sold at a certain price and they are not allowed to go back to the market rate. Freerks said that inclusionary zoning has been discussed often over the years and it's something that City Council, which is more of a political body, has declined to go forward with, but that's a broader issue that could be addressed in the plan overall. Eastham said the specifics of the request, which are not something he would characterize as a request to adopt an inclusionary zoning ordinance, but the request is to make an amendment to the Riverfront Crossings Master Plan to achieve specific goals. Howard explained the steps to amending the Comprehensive Plan in regards to the Downtown and Riverfront Crossings Master Plan: someone would need to submit an application to amend the plan, notice would be published, and it would be placed on the Commission's formal agenda for discussion. She noted that a Commission member could initiate a form discussion, but it does need to be on the agenda and public notice given. A vote was taken to defer discussion until the next meeting. The motion carried 6 -0. Discussion of proposed changes to parking requirements and alternatives to parking minimums in the Zoning Code that would apply in Downtown and the Riverfront Crossings District and elimination of the Near Southside Parking Facility District and associated parking impact fee. Howard noted that staff put the draft amendments on the Commission's agenda for discussion, but Planning and Zoning Commission January 16, 2014 - Formal Page 9 of 11 recommend deferral until the code language can be further refined. This is an opportunity for questions or discussion. Howard noted that currently it is a requirement in the Near Southside district that if you build residential units you must pay a parking impact fee rather than build parking. The City would like to change that to have developers build parking on -site to serve the needs of the residents according to the parking requirements. However, the code would offer an option for payment in lieu of providing some or all of the parking on -site. These funds would then be used to construct and maintain centrally located public parking facilities. Howard explained other proposed changes would address a situation in which a grocery store is included in a proposed development in a downtown location in a mixed use building where all the feasible parking that can be built is needed for the grocery store. In such a case, the developer could pay a fee in lieu of providing on -site parking for the upper floor residential. She also noted that staff is recommending deletion of the maximum parking requirement in the CB -5 zone, since developers building extra parking downtown has never been an issue. Freerks asked whether this alternative to the minimum parking requirement (payment of a fee in lieu) would promote the demolition of existing buildings. Howard responded that the current regulations adopted in 2009 were not working well to address the residential and student housing needs for parking. One part of the current regulation allows developers to seek special exception to provide required parking in a municipal ramp, however there was no cost to the developer other than the cost of the parking permits, which is passed along to the tenant. There was also no way for the Board of Adjustment to judge what amount of parking was appropriate to grant and so they were giving away public parking basically at no cost to the developer. The proposed change would ensure that the developer is paying a proportional share of the cost of building the public parking. The fee is proposed to be at 75% the cost to construct a structured parking space. By internalizing the cost, the demand for the exception is more likely to be limited to those properties that really cannot provide all the parking. The special exception is not allowed for historic landmarks or properties listed as "key buildings" in the master plan. There are also design requirements for new buildings constructed next to historic buildings. Eastham asked whether the current revenue from ramps was insufficient to build new ramps. Howard indicated that the fees basically cover maintenance and operation of existing parking facilities, but what we are talking about is the cost of constructing the parking. Goers explained that the funding for the public parking ramps comes from.a number of sources, including federal. Eastham asked about the provision that allows an exemption for affordable housing. Howard said that provision could be extended to the Riverfront Crossings District. Thomas asked about the parking requirement for 3- bedroom units. Howard indicated that there were two reasons: to address neighborhood stabilization by encouraging more small (1- and 2- bedroom units); and to acknowledge that 3- bedroom apartments in the multi - family buildings downtown tend to be student apartments and not for more permanent residents, who would likely have a lower parking demand. She recognized that the proposal had not distinguished between building types and that there were areas within the plan that may be more attractive to families and thus the parking requirement should be different for those. She stated that that staff would address that in a revision. Thomas said he thought families may want to live in multi - family buildings at the south end of the district and thought the parking requirement was too high. Thomas also said that close to campus it might make sense to have no parking requirement since in his view that group has good access to transit and with the advancements in shared vehicles that may diminish the need for vehicles. Howard indicated that they believe the standard reflects demand at this time, but that they were looking at an option to convert some spaces for scooter or motorcycle parking and bike parking facilities. Planning and Zoning Commission January 16, 2014 - Formal Page 10 of 11 Freerks opened the public hearing. Mark Bruzan stated that the provisions seemed designed for larger developments, but that he has been working on a number of small projects, say a 30 x 100 foot lot. Those smaller lots become prohibitive to develop. Howard responded that the provision to reduce parking through a "fee in lieu of is intended for that type of situation. Right now that option exists only for the South Downtown area and the Central Business District, which are areas in which the City will provide parking facilities in the future. Thomas moved to defer discussion to the next meeting. Second by Martin. A vote was taken and the motion carried 6 -0. Consideration of Meeting Minutes: December 19, 2013 & January 2, 2014. Eastham moved to approve. Second by Swygard. A vote was taken and the motion carried 6 -0. OTHER Miklo suggested scheduling another informal meeting for Monday, February 3, at 5:30. The discussion would focus on Riverfront Crossings and parking changes. Swygard stated that she has misspoken at a prior meeting saying that Orchard Street had 11,000 cars. She had meant Benton Street. Orchard Street according to the most recent study has 2,385 cars. ADJOURNMENT: Eastham moved to adjourn. Theobald seconded. The meeting was adjourned on a 6 -0 vote. z O U z_ Z N 06 z E z a J CL 0 0 w w w U z 0 Z w Q r O N ch 0 N z P W w O LL Zoxxxxxx; x �XXXXXXX; xxi. T-XXxXXXx NXxXXXXX 4Xxx�XXX c ; xx � XXXXXXX ; XX r- �XX0xxxX; xxxxx ; xx CW) ooXx -xxx; ; xx T-oXXXX x oXXOXxxX; �wCOCOCMf-LO 00U-)C'M c-oXXXxxX; O ;Xxxxxxx; co w 0-XXXXOXX z >- M QzWa0Z W J 0 Go ;XXXXXXX; J O =z0CL U Q O ti j �oxxXXxX V = Zama N w �xxxxXXO ILQ LLJ � �xxxxxXx; X 000000 o o w w w Z } IX <Z W< J a o z JXZ0CL x W0Hw�00aN ai a�Q�i =w ZG Wu.�c�HF -� 0 z P w w J 0 K rXXXo x xxi. T-XXxXXXx o� o �XXxxx ; xx XxoXx ; XX xxxxx ; xx CW) Nxxxxx ; xx T-oXXXX x �wCOCOCMf-LO 00U-)C'M �- X00000000 w w z >- M QzWa0Z W J 0 J O =z0CL U Q O j V = Zama N w ZOWL21u) ILQ � Qi L .2 U E N W N CC Y cca)c CO CO N � CL Q Q Z n n n n u XOW O W Y — ,0 -:::�.. -4 CITY OF IOWA CITY MEMORANDUM Date: February 21, 2014 To: Mayor and City Council From: Bob Miklo, Planning & Zoning Commission Re: Recommendations from Planning & Zoning Commission 03-13T-Tr� 4.■■b�(8) � At their February 6, 2014 meeting the Planning & Zoning Commission made the following recommendations to the City Council: 1. The Commission voted 4 -3 (Eastham, Theobald and Thomas opposed) to recommend approval of CPA12- 00006, a Comprehensive Plan Amendment to amend the Southwest District Plan to change the land use designation of property located west of Mormon Trek Boulevard, north of Westwinds Drive known as Walden Square from Neighborhood Commercial to General Commercial. 2. The Commission voted 4 -3 (Eastham, Theobald, Thomas opposed) to recommend approval of REZ12- 00001, a rezoning of 8.7 acres of property from Neighborhood Commercial (CN -1) to Community Commercial (CC -2) zone located at Walden Square with the conditions listed in staff report dated January 31, 2014. 3. The Commission voted 7 -0 to recommend approval of REZ13- 00026, an application to rezone 1.45 -acres of property from Central Business Support (CB -5) zone to Institutional Public (P -2) located at 301 and 325 S. Clinton Street. 4. The Commission voted 7 -0 to recommend approval of REZ13- 00027, a rezoning of approximately .54 -acres of property from Neighborhood Stabilization Residential (RNS- 20) zone to Institutional Public (P -2) zone located at 109 River Street. 5. The Commission voted 7 -0 to recommend approval of REZ14- 00001, an application submitted by NCS Pearson to rezone a 49.5 -acre property located at 2510 N. Dodge Street from Office Research Park (ORP) zone to Research Development Park (RDP) zone. Additional action (check one) No further action needed Board or Commission is requesting Council direction _X_ Agenda item will be prepared by staff for Council action PLANNING AND ZONING COMMISSION APPROVED FEBRUARY 6 — 5:30 PM — FORMAL EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Carolyn Dyer, Charlie Eastham, Ann Freerks, Phoebe Martin, Paula Swygard, Jodie Theobald, John Thomas MEMBERS ABSENT: None. STAFF PRESENT: Bob Miklo, Karen Howard, Sara Greenwood Hektoen OTHERS PRESENT: Tracey Achenbach, Glenn Siders, Mike Pugh, Pam Michaud, Bob Welsh, Minday Cudan RECOMMENDATIONS TO CITY COUNCIL: 1. The Commission voted 4 -3 (Eastham, Theobald and Thomas opposed) to recommend approval of CPA12- 00006, a Comprehensive Plan Amendment to amend the Southwest District Plan to change the land use designation of property located west of Mormon Trek Boulevard, north of Westwinds Drive known as Walden Square from Neighborhood Commercial to General Commercial. 2. The Commission voted 4 -3 (Eastham, Theobald, Thomas opposed) to recommend approval of REZ12- 00001, a rezoning of 8.7 acres of property from Neighborhood Commercial (CN -1) to Community Commercial (CC -2) zone located at Walden Square with the conditions listed in staff report dated January 31, 2014. 3. The Commission voted 7 -0 to recommend approval of REZ13- 00026, an application to rezone 1.45 -acres of property from Central Business Support (CB -5) zone to Institutional Public (P -2) located at 301 and 325 S. Clinton Street. 4. The Commission voted 7 -0 to recommend approval of REZ13- 00027, a rezoning of approximately .54 -acres of property from Neighborhood Stabilization Residential (RNS -20) zone to Institutional Public (P -2) zone located at 109 River Street. 5. The Commission voted 7 -0 to recommend approval of REZ14- 00001, an application submitted by NCS Pearson to rezone a 49.5 -acre property located at 2510 N. Dodge Street from Office Research Park (ORP) zone to Research Development Park (RDP) zone. CALL TO ORDER: The meeting was called to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: Tracey Achenbach of The Housing Trust Fund of Johnson County, representing the Johnson Planning and Zoning Commission February 6, 2014 - Formal Page 2 of 10 County Affordable Homes Coalition, in regard to the letter submitted by Sally Scott in the packet proposing an amendment to the Comprehensive Plan. Miklo counseled that the organization could pay a fee and initiate an amendment or the Commission could initiate the amendment and put it on an agenda to discuss. Comprehensive Plan Item CPA12 -00006 and REZ12 -00001 A public hearing for a Comprehensive Plan Amendment to amend the Southwest District Plan to change the land use designation of property located west of Mormon Trek Boulevard, north of Westwinds Drive (Walden Square) from Neighborhood Commercial to General Commercial; and a rezoning of 8.7 acres of property from Neighborhood Commercial (CN -1) to Community Commercial (CC -2) zone located at Walden Square. Miklo said at the last meeting the full staff report was presented and there were subsequent questions that staff would like to address tonight. How would Community Commercial (CC -2) possibly affect the surrounding neighborhood versus the Neighborhood Commercial (CN -1). He said staff believes that the established design and layout of the shopping center is compatible with the residential neighborhood and that distance, topography, and the presence of a stormwater basin provide separation and buffering from the commercial site. He noted that in addition staff recommending conditions that were explained in detail in the staff report, the applicant has agreed to a condition that any new drinking establishment in the shopping center would comply with the current CN -1 requirements. Miklo said in reply to the Commission's question of how many existing CN -1 zones are in the city that in addition to Walden Square, there is the Northside shopping area (Ace Hardware) at Dodge and Church Street, the Hy -Vee at Dubuque Road and Dodge Street, Rochester and First Avenue, Court Street and Scott Boulevard, a vacant CN -1 zone at the east end of Court Street, and another near the Saddlebrook development in far southeast Iowa City. Walden Square is the largest of all the CN -1 zones and serves most of the west side of Iowa City. He said the conditions will allow the property owner to entertain additional businesses and expansion of some of the businesses without having a negative effect on the surrounding area. In response to a question by Swygard, Miklo affirmed that there were residential apartments located on the second floor of one of the buildings in the shopping center. Miklo responded to Eastham's question about increased traffic that he doesn't think that any new or larger business that would go in as a result of the CC -2 zone is going to increase traffic measurably on Mormon Trek Boulevard, which is one of the only north -south arterials in west Iowa City. Theobald asked Miklo how he sees the CN -1 zone serving the city overall. Miklo said the intent of a CN -1 zone is to serve a neighborhood and allow the idea of having commercial uses in close proximity to residential. He said originally they were intended to be fairly small, and at one time there was a size limit. He said none of the CN -1 zones existing now are compliant with the vision for a CN -1 zone, and as a result new standards were adopted in 2005 that require more of a Main Street character. He said future development of CN -1 zone will look quite different than Walden Square and be much smaller. Eastham's asked about any plans to revise the Sub - District Plan for this area and the Southwest District Plan in the next five years. Miklo said they will revisit it on an "as needed" basis, but it has served the City well and there are no plans revision at this time. Freerks noted that the Planning and Zoning Commission February 6, 2014 - Formal Page 3 of 10 zoning code has changed since the Southwest District Plan was adopted Eastham asked Miklo to give the Commission a synopsis of what had transpired since the application was originally submitted in 2012. Miklo said staff had discussions with the applicant about modifying the size limitations for various uses in the CN -1 zone, but decided that CC -2 rezoning was more appropriate in this location on Mormon Trek and given the established development pattern of the shopping center and surrounding neighborhood. Freerks opened public hearing. Glenn Siders of Southgate Development Company said he was there to answer any questions from the Commission. Siders said the physical therapy operation is limited to 2,400 square feet and would like 3,000 square feet, which they could have in CC -2 but not in CN -1; the Java House is interested in expanding to an undetermined size to create additional seating capacity. Theobald asked for some information about several of the other businesses in the shopping center. Greenwood Hektoen cautioned the Commission to think more broadly and consider what uses are allowed by the proposed rezoning and whether they would be acceptable regardless of what the current conditions are, and if the Commission would be comfortable with businesses expanding to the maximum allowable under the new proposed rezoning. Freerks closed public hearing Eastham moved to recommend approval of CPA12- 00006, a Comprehensive Plan Amendment to amend the Southwest District Plan to change the land use designation of property located west of Mormon Trek Boulevard, north of Westwinds Drive known as Walden Square from Neighborhood Commercial to General Commercial. Swygard seconded. Eastham said he's not sure he is going to support this because he has doubts that changing the Comprehensive Plan supports the goals of Neighborhood Commercial. He said the Southwest District Plan clearly calls for this area to be Neighborhood Commercial, and he hasn't heard a compelling reason why the uses should be expanded to General Commercial. He said he's concerned about increasing the ability of current uses to expand their square footage could eventually result in fewer neighborhood -type uses and more commercial- type uses, which would get away from the overall purpose of this area as a neighborhood destination. Freerks said some of Eastham's points are valid but she doesn't think it's a good thing if some of the current uses remove themselves because they don't have the capacity to expand slightly. She said she doesn't see a significant traffic generator in terms of anything expanding. She said she sees that Neighborhood Commercial has changed since this shopping center was built. She said she feels that it functions as both CC -2 and CN -1 and with the restrictions in place she feels comfortable making that change in order to respond the needs the businesses have to expand slightly to maintain a healthy commercial area, one which people in the area can walk to. Theobald said she has struggled greatly with this, as she sees it serving several different populations in that area. She said she is concerned is that some of the businesses may change and some of the ones that really support people in the neighborhood who don't have vehicles or have access to other services. Planning and Zoning Commission February 6, 2014 - Formal Page 4 of 10 Swygard said she can see some of the smaller businesses being forced out if larger spaces and increased rents occur. Thomas said this seems to fall somewhere between CC -2 and CN -1. He said he believed that there was language in the Code stating that special exceptions would be given to certain square footage maximums if it served neighborhood purposes. Miklo said it is the office uses that have been problematic for this shopping center because to go beyond 2,400 square feet, the additional square footage has to be on the second floor, and this is a one -story complex except where there are residents on the second floor. Martin said she supports this because it's a finite space —no expansion of the zone is possible- - and there are parking restrictions that limit future development. She said she sees not supporting this as a hindrance to the businesses that are there, with the possibility that they will leave if they can't expand. She said she sees the discussion revolving around the square footage for only a few businesses and she doesn't see how giving them the CC -2 would be a detriment. Freerks said staff has worked with the applicant on,this for over a year and she believes that they have exhausted every option in trying to come up with the best way to deal with this. She said she thinks it will be a benefit and not a detriment. Swygard said this is about square footage, but in doing that you are changing uses allowed. Miklo said most of the uses allowed in the CC -2 are allowed in the CN -1 zone, and are just restricted in size. He said the surrounding neighborhood was notified with letters sent and signs placed per usual procedures, and no one has come forth tonight from the pubic with concerns. Miklo, amending Eastham's conclusions about why the smaller square footage in CN zones was established, said the reason was to keep it at a small level because of concerns about bringing traffic in from outside a neighborhood. Dyer said she supports this change. She said there is already traffic going by, and it's too congested to attract big box stores. She said she thinks it's a positive that businesses want to stay there and develop and is concerned that if they left they might not be replaced or be replaced with businesses that aren't as useful to the neighborhood. Given that the shopping center is already developed, there really isn't room for any additional development. A vote was taken and the motion carried 4 -3 with Eastham, Theobald and Thomas opposed. Swygard moved to recommend approval of REZ12- 00001, a rezoning of 8.7 acres of property from Neighborhood Commercial (CN -1) to Community Commercial (CC -2) zone located at Walden Square with the conditions listed in staff report dated January 31, 2014. Dyerseconded. A vote was taken and the motion carried 4 -3 with Eastham, Theobald and Thomas opposed. REZ13 -00026 Discussion of an application submitted by The University of Iowa for a rezoning of approximately 1.45 -acres of property from Central Business Support (CB -5) zone to Institutional Public (P -2) zone located at 301 and 325 S. Clinton Street. Planning and Zoning Commission February 6, 2014 - Formal Page 5 of 10 Miklo said this rezoning recognizes the University's ownership of this property. Freerks opened public discussion. Freerks closed public discussion. Thomas moved to recommend approval of REZ13- 00026, an application to rezone 1.45 - acres of property from Central Business Support (CB -5) zone to Institutional Public (P -2) located at 301 and 325 S. Clinton Street. Martin seconded. Freerks said approval will bring this parcel into compliance. A vote was taken and the motion carried 7 -0. REZ13 -00027 Discussion of an application submitted by The University of Iowa for a rezoning of approximately .54 -acres of property from Neighborhood Stabilization Residential (RNS- 20) zone to Institutional Public (P -2) zone located at 109 River Street. Miklo said this is a similar situation, and the University acquired a property zoned Neighborhood Stabilization Residential for the construction of the new art school. Freerks opened public discussion. Freerks closed public discussion. Swygard moved to recommend approval of REZ13- 00027, a rezoning of approximately .54 -acres of property from Neighborhood Stabilization Residential (RNS -20) zone to Institutional Public (P -2) zone located at 109 River Street. Eastham seconded. Freerks said approval will bring this parcel into compliance. A vote was taken and the motion carried 7 -0. REZ14 -00001 Discussion of an application submitted by NCS Pearson, Inc. for a rezoning of approximately 49.5 -acres of property from Office Research Park (ORP) zone to Research Development Park (RDP) zone located at 2510 N. Dodge Street. Miklo showed photographs of the subject property and the surrounding area. He said the purpose of the application is to make sure this property stays in compliance with the Code. He said the proposed Moss Road would go across the northern portion of this property and would make it nonconforming in terms of the setback from the right of way, about 70 feet as opposed to 150 feet the existing zoning district requires. Freerks opened public discussion. Planning and Zoning Commission February 6, 2014 - Formal Page 6 of 10 Mike Pugh, the attorney for the applicant, said the issue of rezoning came up at the suggestion of the City. He said Pearson has expressed concern that Moss Ridge Road would limit its ability to expand. He said once the road is in, the north side of the building would immediately be non- conforming, so rezoning is a way to make the current building conforming at that point and still allows Pearson to expand in the future. Freerks closed public discussion. Thomas moved to recommend approval of REZ14- 00001, an application submitted by NCS Pearson to rezone a 49.5 -acre property located at 2510 N. Dodge Street from Office Research Park (ORP) zone to Research Development Park (RDP) zone. Swygard seconded. Freerks said the rezoning allows the building to stay in conformity and expand, and she will support it. Thomas said he'll be supporting it, but it is a relatively tight space between the building and the parking lot so it poses a design problem, but one that can be solved. A vote was taken and the motion carried 7 -0. Code Items Discussion of Riverfront Crossings District Form -Based Zoning Code and related zoning code amendments. (The form -based code is available for review at http:// www .icaov.org /riverfrontcrossings) Howard provided a new matrix for the proposed amendments to the form -based code that address concerns from the Commission. Howard noted that additional changes may be made by Council once they receive the code. Howard summarized the proposed amendments that were included in the January 31 staff memo. She requested deferral of the discussion of the changes to parking regulations. Howard clarified that items 34 and on in the matrix were new and addressed concerns expressed by Commission member Thomas and Pam Michaud (public). Freerks requested that the Commission run through the items prior to the public hearing in order to see where there was a majority in favor of moving forward. This would give the public a sense of the direction the Commission was heading and hence where public input would be most useful. Eastham requested to remove from consideration the first 6 items on the matrix that deal with high bonus provisions for affordable and elderly housing. Freerks sought consensus from the Commission. The Commission concurred in removing these amendments. Item 10, effecting heights along the Gilbert Street Corridor, there was not a majority of the Commission that wished to pursue the amendment. Planning and Zoning Commission February 6, 2014 - Formal Page 7 of 10 Item 29, seeking a requirement that 100% of housing in the Riverfront Crossing be ADA accessible. Howard noted that buildings that are not subject to ADA requirements are single - family units. Eastham expressed interest in pursuing this with regard to front entrances. Thomas asked whether there could be a requirement that provided buildings be designed to allow alteration for ramps when the need /desire arose. Howard cautioned that there may be locations where due to the topography of property or the floodplain, that it will not be possible to have an at -grade entrance. She explained that a majority of buildings in Riverfront crossings will be multi - family or mixed use and those buildings must be ADA accessible. She noted that staff is trying to balance the reduced setbacks that create an urban streetscape with the desire for privacy in a single - family unit. Staff believes there should be flexibility with townhouses in some areas it may not be possible to create an accessible entrance. Miklo noted that when City funds support single - family housing, that housing is required to have an ADA accessible entrance. Dyer stated that it is very difficult to find accessible single - family housing and that some single - family areas of the community simply are closed off to people in wheelchairs. If property is not topographically challenged she believes it would be appropriate to encourage ramps. Thomas asked whether there could be language to encourage opportunities that allow modification. Howard responded that it while the zoning could have language to encourage a certain kind of development that it is ineffective in getting the desired result. There was not consensus to move forward with the proposed amendment. All other items as addressed by staff in the matrix had the acceptance of the Commission. Thomas discussed maximum building height recommendations he had offered in a memo to the Commission. He noted that midrise development allows desirable increases in densities while having some advantages in terms of sustainability and that changes in construction practices that allow taller wood -frame buildings. He called attention to sections of the master plan that had called for midrise development. Howard responded that the base height standards reflect a low to midrise limit for all the districts except the west riverfront where the base height is 10 stories. Howard noted that quite a bit of research was put into the base height recommendations. It is the bonus height provisions that allow something higher. Those provisions apply only in those situations where a developer is proposing something of public benefit that achieves other goals in the plan. This is balancing the goals for overall building development with the other goals of the plan. Because staff cannot know what the financial requirements will be in redeveloping certain areas of the district — someone may have to buy up existing development and remove existing structure —and that developers will have to do something considerable in order to justify any bonus height. Howard asked whether the Commission wanted to preclude the opportunity for some incentive to achieve other goals in the plan by removing the bonus provision. Each request for bonus height is considered on a case -by -case basis. She showed slides illustrating scenarios under which the bonus height provisions could help get more desirable development. Dyer noted that the only incentive to build affordable housing is in the bonus height provision. Freerks commented that the area under consideration was a redevelopment area and not one where building would be fitting into a context of existing structures that were going to stay. The public hearing was opened Planning and Zoning Commission February 6, 2014 - Formal Page 8 of 10 Pam Michaud commented on landscaping as a way to soften the appearance of taller buildings, including green roofs. She expressed support for more sustainability, including LEED standards for multi - family, and more controls on light and noise pollution. Bob Welsh commented on the unique opportunity that existed in redevelopment areas. He asked the Commission to support stronger accessibility and affordability standards for new development. Nancy Carlson commented on the bonus height provision and asked that the Commission look into the cost of building high -rise buildings and how successful they have been in addressing housing issues. Her research indicates that it is the very rich or very poor. She feels that the impact of high -rise building heights has not been given enough consideration. Public hearing closed. Theobald moved to approve incorporating all the amendments recommended by staff, keeping 29, 35, and 36 open for discussion. Seconded by Eastham. A vote was taken and the motion carried 7 -0. Theobald moved to defer the Riverfront Crossings Form -Based Code. Seconded by Eastham. A vote was taken and the motion carried 7 -0. Discussion of proposed changes to parking` requirements and alternatives to parking minimums in the Zoning Code that would apply in the Downtown and the Riverfront Crossings District and elimination of the Near Southside Parking Facility District and associated parking impact fee. Freerks opened the public hearing. Pam Michaud noted that the governor had taken some action on local parking regulations. Hektoen noted that municipalities have the authority to regulate parking. Public hearing was closed. Eastham moved to defer the item to the next Commission meeting. Theobald seconded. A vote was taken and the motion carried 7 -0. Minutes Miklo noted that minutes from January 13 were not yet ready due to an illness. Planning and Zoning Commission February 6, 2014 - Formal Page 9 of 10 Eastham moved to approve minutes for January 16. Theobald seconded. A vote was taken and the motion carried 7 -0. Other Discussion of revaluating the South District Plan, especially that area along Sycamore Street near the proposed school site. Miklo suggested deferral due to the late hour. Freerks invited public input. No one came forward. Eastham moved deferral of the item to the next Commission meeting. Theobald seconded. A vote was taken and the motion carried 7 -0. Eastham moved to set an agenda item for March 20 regarding a potential amendment regarding affordable housing to the Riverfront Crossings Plan as proposed in the letter from Sally Scott. Seconded by Thomas. A vote was taken and the motion carried 7 -0. ADJOURNMENT: Eastham moved to adjourn. A vote was taken and the motion carried 7 -0. 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Fees for the 105 Mbps service will be reduced from $159 to $99 and the 50 Mbps service will go from $129 to $89. Hardy said the addendum to PATV's contract to identify equipment purchased with funds generated outside city funding and permit that equipment to not be included on the inventory of equipment subject to city acquisition if the contract is not renewed or terminated was passed by the city council. The PATV operating subsidy from Mediacom due January 1 has not yet arrived. Brau said he forwarded the results of the residential broadband survey to Mediacom and CenturyLink. Neither responded. Hoerschelman said there were a number of ideas on how the survey could be utilized included in the meeting packet. Developing a consumer education program will be the major effort at this time. APPROVAL OF MINUTES Kilburg moved and Elias seconded a motion to approve the December 30, 2013 minutes. The motion passed unanimously. ANNOUNCEMENTS OF COMMISSIONERS None. SHORT PUBLIC ANNOUNCEMENTS None. CONSUMER ISSUES Hardy referred to the complaint report in the meeting packet and noted that all complaints have been resolved. Homewood asked about a complaint regarding upgraded services and charges. Hardy said it appeared to be an issue of miscommunication. The customer service representative was apparently rude and the local Mediacom officials were concerned with such behavior. MEDIACOM REPORT Hardy said Grassley informed him that Mediacom would be upgrading to the DOCSIS 3.05 Internet system. Fees for the 105 Mbps service will be reduced from $159 to $99 and the 50 Mbps service will go from $129 to $89. LOCAL ACCESS CHANNELS REPORTS Bergus noted that the City Channel and the library had written reports in the meeting packet. Goding reported that the February PATV board meeting will be held a week early on Feb. 13. The next guidelines classes will be held Feb. 3 at 7 p.m. and Feb. 8 at 3 p.m. PATV will provide the United Action for Youth (UAY) Advisory Panel a special workshop Feb. 4 to instruct them on how to use PATV's studio. The panel provides outreach services to UAY and Goding hopes they will be able to incorporate video into their efforts. Coleman said the City Channel has a number of new programs planned including new episodes of the Mercy cooking show, the annual Preucil School of Music concert, and the Johnson County Compeer annual concert. A remote control camera system has been installed in the council chambers. City staff will be collaborating with Senior Center TV volunteers by providing some feedback on their ideas and footage. Butler asked if the Iowa City Foreign Relations Council programs are be provided to the University Library. Coleman said the programs are provided each semester. CABLE TV ADMINISTRATOR REPORT Hardy said the addendum to PATV's contract to identify equipment purchased with funds generated outside city funding and permit that equipment to not be included on the inventory of equipment subject to city acquisition if the contract is not renewed or terminated was passed by the city council. The PATV operating subsidy from Mediacom due January 1 has not yet arrived. Hardy has contacted Mediacom about it. Hardy said he received notification that there will be an increase in installation fees. Kilburg noted that there appears to be an increase in fees when several services are installed at one time. Hardy said he would get clarification from Grassley on the charges. BROADBAND SURVEY Brau said that he forwarded the results of the residential broadband survey to Mediacom and CenturyLink. Neither responded. Hoerschelman said there were a number of ideas on how the survey could be utilized included in the meeting packet. Developing a consumer education program looks to be the major effort at this time. Included in this needs to be the "rack rate" cost of service. Actual costs need to be made clear so a consumer can make meaningful comparisons. In addition to a consumer education program, developing a method for continued feedback from consumers would be beneficial. Other ideas include undertaking a study to determine the cost to deploy next - generation technology in Iowa City so potential new entrants would have some information to work with, working with the City's economic development efforts, and developing a broadband task force to investigate community needs and options. All of these ideas should involve the University of Iowa and the Iowa City Community School District. Kilburg noted that national surveys have shown that Mediacom's customer satisfaction level is quite low. Mediacom's participation in a consumer education initiative could be beneficial to them. The Commission might approach Mediacom with the survey results to help them improve their customer satisfaction. Brau said an educational initiative would ideally involve Mediacom and CenturyLink but the Commission could act without their input. There are a number of methods the Commission could use to inform the public of the educational resources the education initiative would make available. Hardy said he has not received any feedback from the city administration regarding a consumer education outreach effort. The Commission's central role is to advise the city council and there might be a perception that the Commission is over - stepping its role. Bergus said what might be most useful to the city council is a concurrent presentation of the survey results and the proposed educational initiative. Hardy said the city administration might have concerns with the Commission releasing information directly to the public as anything the Commission does will be perceived as coming from the city. Bergus said the Commission should work with the Communications Division of the city in developing the educational initiative and use a presentation to the city council as a means to not only inform them of the results of the survey but also of the educational program. Hardy said he would talk with Markus about how he wishes the Commission to proceed. Brau suggested that the ideas contained in the meeting packet could be developed and run by Mediacom and CenturyLink to get their input. Hoerschelman said the education campaign could utilize a number of different methods to reach the public including a web page, video, and printed material. Hoerschelman said there might be a benefit to explaining the differing regulatory structures for different technologies. Elias said the city council should be made aware that the Commission was surprised by the survey results, specifically, that consumers lack adequate information and that the community is not being served as well as one might expect. As the incumbent providers have been the source of, or lack of, consumer information and the survey results show consumers are poorly informed, the city is serving the community by stepping in and providing consumer information. ADJOURNMENT Homewood moved and Butler seconded a motion to adjourn. The motion passed unanimously. Adjournment was at 6:33 p.m. Respectfully submitted, K3"� Michael Brau Cable TV Administrative Aide TELECOMMUNICATIONS COMMISSION 12 MONTH ATTENDANCE RECORD (X) = Present (0) = Absent (O /C) = Absent/Called (Excused) Hoerschelman Ber us Homewood 5/28/11 X X X X x 6/27/11 x o/c x x X 8/27/11 x x x o/c X 9/24/11 X X X X X 10/24/11 X X X X X 11/26/11 X X vacant X X Kilbur 2/25/12 X X x x X Butler 3/26/12 o/c x o x X 4/23/12 X X X X X 5/21/12 X X X X X 6/25/12 X X X X X 7/23/12 x X X X X 8/27/12 x x x x X 9/24/12 X X X X X 10/22/12 X X X X X 11/26/12 X X X X X 12/17/12 X X X X X 1/28/13 X o/c X X X 2/25/13 X X X X X Elias 3/25/13 o/c x o/c x X 4/22/13 x x x x 0 6/3/13 X X X X X 6/24/13 x o/c z o/c X 7/22/13 o/c x x x X 9/23/13 x X X X o/c 10/28/13 X X X X X 12/30/13 O/C X O/C X X 1/27/14 X X X X X 2/24/14 X X X 0 0 (X) = Present (0) = Absent (O /C) = Absent/Called (Excused)