HRC
Action Summary
ITEM
NO. 9: Conduct
a public hearing for consideration of proposed Conservation Overlay District
and associated Design Guidelines for 8th and Pennsylvania
Neighborhood Redevelopment Area.
STAFF PRESENTATION
APPLICANT PRESENTATION
Several
points were verified:
PUBLIC COMMENT
COMMISSION DISCUSSION
ACTION TAKEN
Motioned
by Comm. McKenzie, seconded by Comm. Antle to initiate
the process for the UCO for the proposed Urban Conservation Overlay District for
the 8th and Pennsylvania Neighborhood Redevelopment Area.
Motion carried unanimously, 6-0.
HRC ACTION SUMMARY
DECEMBER 15, 2005
ITEM NO. 5: DR-11-98-05: Conduct
a public hearing for consideration of proposed Conservation Overlay District
and associated Design Guidelines for 8th and Pennsylvania
Neighborhood Redevelopment Area.
STAFF PRESENTATION
Staff presented photographs of all building elevations and
streetscapes.
APPLICANT
PRESENTATION
Mr. Maxwell noted that Big Prairie Development Company and
Harris Construction desire to create a mixed-use development on the property.
Mr. Maxwell discussed a problem with the
Mr. Maxwell outlined two changes that need to occur for the
applicant to create a mixed-use development:
1. The base zoning district
(currently M-1 and M-2) needs to be changed to C-5 to allow residential
development and other different land uses.
2. An overlay district needs to be
created to control all items such as setbacks, densities, etc., allowing the
applicant to set out guidelines and develop in the manner that they want.
Mr. Maxwell noted that the applicant also wants to develop
in a historically sensitive manner. The applicant submitted for a historic
district nomination.
Sally Shwenk presented on the
historic guidelines to the project. Ms. Shwenk noted
a few errors: p.12 the height issue was changed from last time – the intent was
to have the Poehler building remain the tallest, and
the penthouse exception should not apply to any other building. The intent is
that no building in the overlay district will be as tall as the existing Poehler building.
Ms. Shwenk commented that the
draft nomination for historic designation has been submitted to the state
office for review, and that there is usually a 60-day period of review. She has
not received state or city comments on the draft at the time.
Staff noted that the intent of the Secretary of the Interior’s
Guidelines were never to be regulatory, but have become regulatory standards in
Ms. Shwenk noted that everything
that has been recommended is already in accordance with the Secretary of the
Interior’s Standards.
Comm. Sizemore commented that he does not feel that the
guidelines are as detailed as the Downtown Design Guidelines and that more
detail could be flushed out.
Ms. Shwenk noted, as a reason for
the lack of detail raised by Comm. Sizemore, that every building in Zone 1 is a
different type of building so there are no blanket rules covering all of the
buildings. Also, there are limited options for these buildings for new
construction because of the importance of open space.
Comm. Antle asked if any models
have been used in putting this project together. Hunter Harris, with Big
Prairie Development and Harris Construction, commented that Harris Construction
does a number of historical projects in the Crossroads area of
Comm. Antle wondered if the
agricultural and industrial history of the neighborhood would be a part of the
project. Mr. Harris thought that would be an excellent idea. Ms. Shwenk commented that there are multiple ways to have
interpretive educational materials incorporated into the project.
Comm. Hickam asked about the
overall timetable of the project. Mr. Harris responded that currently they are
working through a schematic design of the Poehler
building and now have a construction budget. The applicant is working through a
design development process for several projects, and is hoping to commence
construction this spring on some projects.
Mr. Harris clarified that the residential units on the
first level are residential flats with two floors above divided into two-story
units.
Comm. Sizemore commented on his light pollution concerns,
and the references to exterior lighting that highlights the building. Ms. Shwenk commented that their approach is conservative, and
that the applicant will make that more obvious in the language. Comm. Sizemore
drew Ms. Shwenk’s attention to p.41 language about
lighting to highlight buildings. Mr. Harris proposed to remove language
lighting “the building” and replace it with “the building’s entrance and
parking,” to stress that the lighting is not to decoratively highlight the
building itself. Mr. Harris pointed to the 4th line down under
Lighting on p.41 “attract the pedestrian traffic” to address the lighting
drawing attention to the new building uses. Comm. Alstrom noted LED lighting
draws attention to buildings but has less light pollution, and conceals the
sources.
Comm. Sizemore asked about the reference to canvas awnings
on p.41. Ms. Shwenk noted that it was not unusual on
first floors that had offices facing the west to allow awnings within the
windows, in keeping with the time period.
Comm. Alstrom was encouraged by the initial presentation
and continued to be happy about the project. He noted that he hopes that an
element of the fantasy of what may have been developed in the area were it to
have continued to prosper will be a part of the project. He commented that it
would be interesting to try to recruit high-tech industries that have small
space requirements into this area.
Ms. Shwenk clarified that Zone 4
is not in the overlay district. Construction would be reviewed because of the
environs, but the guidelines are not attached to this overlay. Comm. Sizemore
drew attention to p.47 and how the graphic indicates that Zone 2 extends out
into the Zone 4 area. Mr. Maxwell commented that the graphic is additional
information and still reflects the intent of the original project. The graphics
will be updated.
PUBLIC COMMENT
No member of the public spoke on this item.
COMMISSION DISCUSSION
Comm. Marvin expressed concern about the buffering of the
project, commenting that the residential side of the street feels more
monolithic than the industrial side of the street. Ms. Shwenk
responded that the need to transition rapidly from single family to industrial
presents a challenge. She commented that this is not a smooth transition, it is
more buffer, and that with only this small land area to deal with, it is a
challenge. Ms. Shwenk noted that the Secretary’s
standards require that there be a differentiation between old and new, but
there is debate about how extreme that differentiation should be, and that this
difference is seen as a positive.
Mr. Maxwell addressed the density issue, noting that it is
a sensitive subject not wanting the area too dense, but also wanting to create
a critical mass needed for the development to be successful.
Comm. Alstrom commented that he does not know if the style
was going to be a vernacular style that doesn’t present a barrier feel.
Comm. Sizemore noted that most of the open space in the
proposal is behind the buildings, so there is some separation between the
buildings of the projects and the houses of
Mr. Harris noted that the buildings of Zone 3 are the
result of 2 years of conversation with
Ms. Shwenk drew attention to the
footprint of the rooftops on p.50 and their correspondence with the existing
buildings, as well as the lot lines lining up.
Comm. Alstrom noted that the residential streetscape has
not been addressed and could serve as a solution to Comm. Marvin’s concerns.
ACTION TAKEN
Motioned by Comm. Sizemore to accept that the 4 conditions
of Chapter 20, Article 14c were met by this project and that the Commission
recommend the overlay district.
Motion carried unanimously, 6-0.
Motioned by Comm. Hickam,
seconded by Comm. Marvin that the Commission forward this set of guidelines to
the Architectural Review Committee.
Motion carried unanimously, 6-0.
HRC ACTION SUMMARY
JANUARY 19, 2006
ITEM
NO. 3: DR-11-98-05: Consideration of proposed Design Guidelines
for 8th and Pennsylvania Neighborhood Redevelopment Area.
STAFF PRESENTATION
Staff
presented photographs of the site and building elevations. Ms. Zollner
explained that staff, the applicant, and members from the Architectural Review
Committee met the previous evening and discussed changes to the Design
Guidelines.
APPLICANT PRESENTATION
Korb Maxwell of Polsinelli, Shalton,
Welte and Suelthaus,
representing Big Prairie Development, was
present to answer questions and provided a drawing
explaining the conservation overlay district. He briefly went over a project
history, stating this was the third time they had come before the Commission.
He also described the four steps necessary to complete the process, stating the
master plan needed to be amended, the Urban Conservation Overlay District
needed to be approved, rezoning of the area needed to be approved, and the
National Register District nomination needed to be placed on the register. Tonight, the HRC is only looking at the
Design Guidelines and they have come with Staff and the
For the benefit of
the members of the public who were not as familiar with the project as the
Commission was, Mr. Maxwell went through a brief description of the proposal,
including the fact that the Poehler building would be
mixed-use. Duplexes would be located on the west side of
Comm. Mckenzie wanted clarification from Staff regarding what the
Commission’s specific action for tonight is.
Ms. Zollner responded that it was up to the Commission to decide if they
were ready to approve the Design Guidelines with the
Comm. Hickam asked the
PUBLIC COMMENT
Ardys Ramberg,
a resident of
Nicky Proudfoot stated she owned four properties located just
outside Zone 3 and had many questions and concerns regarding the proposed
development. Specifically, she expressed concern with the design and density of
the project, parking, and the amount of units being built. She wanted to know what the purpose of the
Urban Conservation Overlay district was. Staff responded it was a development
tool for older areas that may have achieved historic significance, are over
five (5) acres, and the intent was to develop a set of guidelines that
development must follow.
Ms. Proudfoot also questioned the purpose of the previous
night’s ARC meeting and staff replied that it was a chance for two HRC members
and staff to sit down and go over the design guidelines with the applicant.
Ms. Proudfoot expressed concern over a density level of 32
units per residential acre, and staff replied the density issue was a general
planning issue that was not for the Historic Resources Commission to
debate. Mr. Maxwell stated the number
was based on the Poehler building and was the acreage
minus the public right-of-way.
Ms. Proudfoot also stated that some of the property owners
along
Ms. Proudfoot also questioned the guidelines with respect to
the maximum height of the buildings, and Mr. Maxwell clarified that the revised
guidelines stated a building could be no taller than three (3) stories or 40’.
Ms. Proudfoot questioned whether buildings that
retain a high level of historical significance could change uses, i.e.
industrial to residential. Staff clarified the underlying base zoning controls
the use of the property. Changes in use
can occur within the restrictions of the base zoning.
COMMISSION DISCUSSION
Comm. Hickam explained that many of the questions posed would be
the decision of the Planning Commission.
Comm. Alstrom stated
he wanted to make sure the applicant answers all of the public’s questions.
Staff responded to
the concerns from the Commissioners as well as members of the public stating
that the applicant would need to establish minimum and maximum levels for
residential, retail, and commercial space.
Comm. Sizemore
stated he, too, had concerns over the density of the development, specifically
in Zone 3. He also stated it was good to know that the development will come
through for design review once the historic district is in place. He added that
he was comfortable with the design guidelines because of the reference to the
Secretary of the Interior’s Standards and the review process that projects will
have to follow.
Comm. Hickam started to make a motion to approve the design
guidelines; however, Comm. Marvin expressed concern that the members of the
Commission who were not present at the
Comm. Mckenzie stated she understood it was difficult for the
ARC, the applicant, and staff to find time to meet, and understood the document
could not be revised in one evening, but would be more comfortable viewing the
changes to the document before making a final decision.
Comm. Antle expressed that he was comfortable going ahead with a
vote given the ARC’s changes, and believed the
Commission had ample time to review the document. Staff stated that the item
has been placed on the March
Comm. Hickam withdrew his previous motion and staff recommended
deferral.
ACTION TAKEN
Motioned
by Comm. Hickam, seconded by Comm. McKenzie to defer
action until the February Historic Resources Meeting. Motion carried
unanimously, 7-0.
HRC ACTION SUMMARY
FEBRUARY 23, 2006
ITEM
NO. 4: DR-11-98-05: Consideration
of proposed Design Guidelines for 8th and Pennsylvania
Neighborhood Redevelopment Area.
STAFF PRESENTATION
Staff presented elevation pictures of the streetscape and
buildings in the subject area, as well as area maps.
It was noted that this proposal was on the January 2006
agenda but the Commission did not have the final revised document ready after
meeting with the ARC the previous evening.
APPLICANT
PRESENTATION
Hunter Harris, Harris Construction, reiterated this was his
third time before the Commission with this issue. He explained his belief that
all concerns raised in previous meetings had been dealt with and were
incorporated in the complete written document presented tonight.
Mr. Harris asked the Commission to consider restricting
discussion to those elements within their own purview, noting that elements
such as zoning and density were important but fell under the consideration of
the
Ms. Sally Schwenk was also
present to speak for the applicant. Ms. Schwenk explained the necessity and intent of the proposed
guidelines to meet existing local, state and federal regulations. She said these guidelines were meant to guide
new construction and historic rehabilitation in the area for future years.
Mr. Harris said the applicant had been working throughout
the process with the Neighborhood Association and would be happy to continue
doing so. He felt the intent of the
proposal had been ‘transparent’ since the beginning, even though the proposal
had evolved over time.
PUBLIC COMMENT
Ms. Dayna Carleton, member of the
East Lawrence Neighborhood Association (ELNA) described the challenges in
organizing and motivating neighborhood involvement in these kinds of
issues. She expressed significant
concern that the Association was not able to get important information in a
timely manner. She said meeting minutes
were not available until that morning and the draft guidelines provided by the
applicant were dated December 2005.
Ms. Carleton said ELNA wanted to participate in the
process, but was being denied adequate time to study the proposal that would
impact their neighborhood significantly.
Ms. Patricia Marvin said she hoped the Commission would not
limit discussion as requested by the applicant, since zoning and other
typically non-HRC elements had a significant impact on historic character.
Ms. K.T. Walsh, a resident of the North Rhode Island
Historic District, agreed with previous comments about information delays. She said the breakdown in communication
between the neighborhood and the applicant was unusual. She understood the Commission was overloaded,
but asked them to give this matter more time because of its importance.
Ms. Walsh said the applicant would receive a significant
amount of the tax credits that the neighborhood had worked for several years to
obtain for the area. In recognition of
this benefit, the applicant should be willing to allow extra time for fully
informed neighborhood participation. She
said these kinds of projects naturally took a lot of time, citing the 15 years
it took to get the Rhode Island District(s) into place.
Ms. Walsh asked if any attention had been given to the
possibility of carcinogens in the soil in the vicinity of the Poehler building.
Ms. Nicolette Proudfoot,
area resident, expressed confusion and concern about the potential density of
proposed Zone 3. She noted that the only
other areas zoned C-5 in the City were along major streets like 6th,
23rd, and Iowa Streets. She
asked how this congestion would benefit the neighborhood. She also expressed
concern over the increase in traffic on 9th and 8th
Streets as a result of this high density development.
Mr. Pete Laufer,
Mr. Laufer said the proposal
appeared to be a “capitalist enterprise”, not a historic preservation
effort. He said these kinds of projects
took time and he suggested the applicant would be attending several more meetings.
Ms. Sierra Farwell,
Mr. Owen Lehmann said he
appreciated the applicant’s efforts at historic preservation, but he felt there
were still too many unanswered questions.
He said the Association has remaining concerns, specifically with Zone
3, and would like more time to study the revised document.
Mr. Phil Collison, 933
Mr. Dave Evans, 923
Mr. Evans said it seemed backwards to be looking at
approving building design for buildings that the area was not yet zoned
for. He commented that New Urbanism was
usually pursued by developers, not “world-class architects”, and he was
concerned that the precedent set by these guidelines could destroy the
character of the neighborhood.
Nancy Schwarting, Coordinator of ELNA, explained
she had been newly elected and was still getting up to speed with the
issues. The bottom line, she said, was
that Zone 3 was not favored by any residents.
Other proposed zones appeared to be receiving positive feedback in
general, but Zone 3 seemed to have appeared suddenly and the neighborhood felt
more investigation was needed. Ms. Schwarting said the proposed document was a step forward,
but was not comprehensive enough to address all of the neighborhood’s
concerns.
APPLICANT RESPONSE
Ms. Schwenk explained that any
development on the subject property would have to meet local, state and federal
criteria for impact on historical resources.
Also, every development proposal would have to come before the
Commission. Tonight’s issue was the
adoption of guidelines by which those future development proposals would later
be considered. The guidelines
necessarily had to be broad enough to apply to a range of potential development
proposals and could not be so specific that they would restrict negotiations
for tax credits.
The applicants said the guidelines had not changed at all
since the December 2005 version until they were taken to the
Mr. Harris said the revised document was given today’s date
to indicate it was meant for consideration at this HRC meeting. They had been given to Staff in time for
review and distribution with Commission packets. Mr. Harris said all discussions with Staff
and the Commission about the proposal had been open to the public, and the
current draft reflected all direction given to the applicant by Staff, the
Commission and the ARC.
The applicant commented that this was not solely a historic
preservation project. The applicant was
happy to pursue historic rehabilitation where possible and had gotten positive
response about increasing the size of the district in this working-class
neighborhood. However, Mr. Harris said,
these buildings could not be saved strictly through tax credits; a use must be
created that would allow the buildings to pay for themselves. Success would come only through adaptive
reuse and a combination of old and new elements.
Ms. Schwenk, Mr. Harris, and
ADDED PUBLIC COMMENT
Ms. Nicolette Proudfoot
said she would prefer a solid building face adjacent to her home instead of
parking areas and trash.
Mr. Dave Evans said the subject lots were only vacant
because the City had condemned and demolished the homes.
There was some disagreement between the public and the
applicant as to whether the row housing element had been in the proposal from
the beginning.
COMMISSION DISCUSSION
Comm. Alstrom said the
Comm. Antle clarified for the
public that the Commission was not considering zoning or density or any
specific building at this time. He said
he was happy with the guidelines as proposed because they met the Commission’s
needs as outlined at the January meeting.
However, he was concerned about the obvious communication breakdown
between the applicant and the public. He
commented that much of the public comment tonight was not directly relevant to
the Commission’s consideration, but there was an apparent need for more public
review time.
It was discussed that the Commission was not considering
zoning tonight, but that the proposed eventual down-zoning from industrial
might be seen as a positive. Ms. Zollner
explained the City did not have a zoning district well-suited to the mixed uses
proposed here, but Staff felt C-5 was the best available option under the
current City Code.
It was noted that the Code currently did not allow C-5
zoning, other than in specific locations along designated major
thoroughfares. A text amendment to Horizon
2020 was in process that would allow other sections of C-5 zoning.
The Commission generally agreed that the breakdown in
communication was regrettable. However,
as Comm. Hickam stated, the document presented tonight
“is exactly what we asked for.” It was
noted that HRC approval would move the proposal forward to venues (Planning
Commission, & the City Commission) where the specific concerns outlined by
the public tonight could be more suitably addressed.
It was discussed that the Neighborhood Association had not
come forward at the two previous Commission hearings of this item. The area residents were encouraged to “be
vigilant” as the process continued. It
was suggested that the applicant schedule a meeting with the neighborhood as
soon as possible.
ACTION TAKEN
Motioned by Comm. Veatch, seconded by Comm. McKenzie to
approve the Design Guidelines for the 8th
and Pennsylvania Neighborhood Redevelopment Area as presented.
Motion
carried unanimously, 6-0.