HomeMy WebLinkAboutP&Z Packet 09.06.18PLANNING AND ZONING COMMISSION
Thursday, September 6, 2018
Formal Meeting – 7:00 PM
Emma Harvat Hall
Iowa City City Hall
410 E. Washington Street
AGENDA:
1. Call to Order
2. Roll Call
3. Public Discussion of Any Item Not on the Agenda
4. Zoning Code Amendment Item:
Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to Public Art In-
Lieu Fees in Riverfront Crossings. (ZCA18-00002)
5. Consideration of Meeting Minutes: August 16, 2018
6. Planning & Zoning Information
7. Adjournment
If you will need disability-related accommodations to participate in this meeting, please contact Anne Russett, Urban
Planning, at 319-356-5251 or at anne-russett@iowa-city.org. Early requests are strongly encouraged to allow sufficient
time to meet your access needs.
Upcoming Planning & Zoning Commission Meetings
Formal: September 20 / October 4 / October 18
Informal: Scheduled as needed.
Date: September 6, 2018
To: Planning & Zoning Commission
From: Anne Russett, AICP, Senior Planner, Neighborhood and Development Services
Department
Re: Amendment to Title 14, Zoning Code of the Iowa City Code related to Public Art In-
Lieu Fees in Riverfront Crossings (ZCA18-00002)
Introduction
The proposed amendment to the zoning code (Title 14 of the Iowa City Code), changes the
requirement that public art funds received for height bonuses be spent in the same Riverfront
Crossing subdistrict as the subject property that contributed the funds. The amendment allows
the funds to be spent anywhere within the Riverfront Crossings district.
Background
The Riverfront Crossing’s form-based code outlines several bonus height provisions, including
one for public art. This bonus provision grants developments one additional story if a public art
contribution is made equal to one percent of the value of the project.
The first project to use this provision since the adoption of the Riverfront Crossings form-based
code was the project at 707 S. Dubuque Street. This project contributed one percent of the
project costs to public art to receive a height bonus. The total amount contributed to the City’s
public art fund equals approximately $73,000. Upon receipt of the contribution, the City
recognized the limited potential uses for the funds since the zoning code requires the funds to
be spent within the same subdistrict as the subject building, which in this case is the Central
Crossings subdistrict.
The City and the Public Arts Committee wish to relocate the sculpture (see Figure 1) currently
located along N. Dubuque Street to the Riverfront Crossings Park. The sculpture, Four Module
Piece Form II by Kenneth Snelson, is considered one of the more valuable pieces within the
City’s collection. Its current location along N. Dubuque Street is not ideal. Moving it to Riverfront
Crossings Park will give it more prominence and also provide an opportunity to make some
needed repairs. Over the past year, the Public Arts Committee has been working toward moving
this sculpture to Riverfront Crossings Park [Attachments 1 & 2]. The public art bonus provision
could provide the committee with the funds needed to make this goal a reality.
August 31, 2018
Page 2
Figure 1. A photograph of Four Module Piece Form II (1968)
from its current location along North Dubuque Street.
Proposed Amendment
Staff proposes an amendment to the Riverfront Crossings form-based code to allow public art
funds received for height bonuses to be spent anywhere in the district, including the park, as
opposed to only within the same subdistrict as the project that requests the bonus.
Staff proposes this amendment for the following reasons:
•The Riverfront Crossings Master Plan identifies areas within the district appropriate for
public art [Attachment 3]. The largest area identified is the Riverfront Crossings Park,
which is identified as “public parks and open space” on the regulating plan – not a
subdistrict [Attachment 4]. Since the Riverfront Crossings Park is not identified as a
subdistrict it cannot benefit from the public art bonus provisions, even though the master
plan identifies it as a key location for the placement of public art.
•The amendment keeps the funds within a defined area, but provides more flexibility in
the use of the funds for the benefit of the entire district.
The Public Art Committee will be reviewing the proposed amendment at its meeting on
Thursday, September 6, 2018. Staff will have an update on the outcome of that meeting at the
Commission’s September 6, 2018 meeting.
Comprehensive Plan Consistency
The proposed amendment supports the comprehensive plan and the following Arts and Culture
Goal and Strategy:
•Develop partnerships that build community support for and access to Arts and Culture.
o Collaborate with the school district, businesses, and other organizations to
expand the reach of Arts and Culture resources in our community.
The proposed amendment also supports the vision of the Downtown & Riverfront Crossings
Master Plan, which includes a framework element focused on public art. This element identifies
several areas appropriate for public art, the largest of which is the Riverfront Crossings Park.
August 31, 2018
Page 3
Staff Recommendation
Staff recommends that the Planning and Zoning Commission recommend adoption of the
following proposed amendment to 14-2G-7G-6 of the Iowa City Code by the Iowa City City
Council, contingent on the approval of the proposed amendment by the Public Art Committee:
Height Bonus For Public Art: One additional floor of building height may be granted
for a contribution to the city's public art program equal to one percent (1%) of
threshold value of the project. Threshold value is the sum of all construction costs
shown on all building permits associated with the project, including site preparation.
For alterations to existing development, the threshold value is the sum of all
construction costs as defined above plus the value of existing improvements to the
property, as listed in the city assessor's records. Funds contributed shall be used by
the city for public art within the riverfront crossings district subdistricts where the
subject building is located as approved by the public art committee.
Attachments:
1.Original Location of Four Module Piece Form II
2.Proposed New Location of Four Module Piece Form II
3.Public Art Framework Element of the Riverfront Crossings Master Plan
4.Riverfront Crossings Regulating Plan
Approved by: _____________________________________________
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
ATTACHMENT 1
Proposed Snelson Sculpture Location
ATTACHMENT 2
downtown and riverfront crossings plan48
public art
Artists have pioneered the redevelopment of neighborhoods
across the country. Whether activating an area by occupying
marginal buildings or vacant storefronts, enhancing the perception
of an area by publicly displaying art and holding gallery nights/
walks, or building a “creative class” that helps stimulate the local
economy, art is a key element in any progressive community, and
will be a key element in the Downtown and Riverfront Crossings
District. Many opportunities exist for incorporating art into the
District, including:
Art Incubator Program Develop an incubator program to
place artists (both studio and gallery space) into vacant buildings
on a temporary basis in order to fill empty storefronts and provide
low-cost opportunities for starting artists.
Public Art Place art in public spaces, such as the new regional
park, the pedestrian mall, Clinton Plaza, Station Plaza, Riverside
Drive entrance monuments, riverview greens, and along the
Clinton Street Promenade.
Community Arts Center Explore the possibility of developing
a Community Arts Center in the administration building at the
former wastewater treatment plant or other suitable location
within the Riverfront Crossings District or Downtown.
Functional Art Establish a policy to integrate art/design into
functional infrastructure, such as street furniture, streetlights,
bridges, power substation fencing, etc.
Gilbert Street Arts District Create an Arts District within the
Gilbert Street District. This district would be low-scale and organic
in nature, and be incorporated into the existing building stock,
keeping artist live/work/sell space functional and affordable. As
the district matures, the Maiden Lane Mews could be developed,
and lined with live-work studios and galleries.
Right: Public Art Location Diagram
ATTACHMENT 3
ATTACHMENT 4
MINUTES PRELIMINARY
PLANNING AND ZONING COMMISSION
AUGUST 16, 2018 – 7:00 PM – FORMAL MEETING
EMMA J. HARVAT HALL, CITY HALL
MEMBERS PRESENT: Larry Baker, Mike Hensch, Phoebe Martin, Max Parsons, Mark
Signs, Billie Townsend
MEMBERS ABSENT: Carolyn Dyer
STAFF PRESENT: Sue Dulek, Anne Russett
OTHERS PRESENT: Mary Ann Dennis, Sara Barron
RECOMMENDATIONS TO CITY COUNCIL:
By a vote of 6-0 the Commission recommend adoption of the following proposed amendment to
14-2G-3B-2d of the Iowa City Municipal Code by the Iowa City Council:
d. Residential uses are not allowed within required retail storefronts, as specified in the
riverfront crossings regulating plan, except in the Central Crossings subdistrict for housing
subsidized by a federal or state program that requires at least 60 percent of the units to be rent
and income restricted.
CALL TO ORDER:
Hensch called the meeting to order at 7:00 PM.
PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA:
None.
ZONING CODE AMENDMENT ITEM (ZCA18-00001):
Discussion of Amendments to Title 14, Zoning of the Iowa City Municipal Code related to
Required Retail Storefronts in the Riverfront Crossings Central Crossings Subdistrict.
Russett noted this is specifically an amendment to the Riverfront Crossings Form Based Code
to allow affordable housing in areas identified as required retail storefronts on the Riverfront
Crossings regulating plan within the Central Crossings subdistrict.
The City adopted the Riverfront Crossings Master Plan in 2014. The master plan identifies
areas of the district for ground floor retail with the intention of creating a vibrant, active, and
pedestrian- friendly environment. These key retail nodes were selected due to existing or future
conditions that would enhance the streetscape. Furthermore, the plan recognizes that the
ground floor in these areas would initially be utilized for residential uses until the market demand
for retail increases. Riverfront Crossings Form Based Plan includes a regulating plan that
identifies locations where ground floor retail is required. Russett noted that unlike the Master
Plan there is no flexibility in the Form Based Code for residential uses in these areas.
Planning and Zoning Commission
August 16, 2018
Page 2 of 6
The Riverfront Crossings’ form-based code includes an affordable housing obligation. Projects
that contain at least 10 dwelling units must provide affordable housing units in an amount equal
to or greater than 10% of the total number of dwelling units in the project. Currently there is a
City-supported housing project that is located within one of these areas where ground floor retail
is required. Russett highlighted several properties in the area, the first is 620 South Dubuque
Street. The project includes 36 residential units and received a height bonus to five stories due
to the owner’s commitment to providing 15% of the units as affordable housing. The same
developer is proposing a future project at 225 East Prentiss Street and 10% of those units will
be required to be affordable. The developer would like to would like to transfer the affordable
housing obligation of these two sites to the property at 628 South Dubuque Street, the site of
the future Del Ray Ridge Affordable housing project. The developer is working with The
Housing Fellowship who will manage the affordable housing project. 620 and 628 South
Dubuque Street are both in the required ground floor store front retail area.
Russett gave some background on the Del Ray Ridge project. They are proposing 33 units
total, 29 of which would be affordable. 4 units affordable to households at or below 30% area
median income (AMI), 5 units affordable to households at or below 40% AMI and 20 units
affordable to households at or below 60% AMI. The affordability period would be for a minimum
of 30 years. The City has committed $330,000 to this project and the project was also awarded
low-income housing tax credits from the Iowa Finance Authority.
Staff is proposing an amendment to the Riverfront Crossings’ form-based code to allow ground
floor residential uses within the Central Crossings Subdistrict in areas identified as required
retail storefront when they are part of an affordable housing project. More specifically, to qualify
for this exemption projects must be subsidized by a federal or state program that requires at
least 60 percent of the units to be rent and income restricted. Russett stated this amendment
would provide market flexibility for affordable housing projects and Staff is proposing it is only
limited to the Central Crossings Subdistrict. The South Downtown Subdistrict, the West
Riverfront and South Gilbert subdistricts have key commercial corridors and this flexibility may
not be appropriate as those corridor areas need to have a vibrant commercial presence and
streetscape. The Park subdistrict has one small node of required retail that is important to
maintain for the convenience of future residents. There are no required retail storefront
requirements in the University, Orchard, and Gilbert Subdistricts or the East Side Mixed-Use
District. Russett noted this proposal aligns with the Master Plan’s vision of these areas
originally being residential and perhaps transitioning to retail in the future.
Staff recommends that the Planning and Zoning Commission recommend adoption of the
following proposed amendment to 14-2G-3B-2d of the Iowa City Municipal Code by the Iowa
City Council:
d. Residential uses are not allowed within required retail storefronts, as specified in the
riverfront crossings regulating plan, except in the Central Crossings subdistrict for housing
subsidized by a federal or state program that requires at least 60 percent of the units to be rent
and income restricted.
Parsons asked how Staff came to the 60% requirement. Russett replied that was discussed
with the affordable housing experts on staff and all projects that are State or Federal funded
require at least 60%.
Hensch asked about the number of units that will be at 225 East Prentiss Street. Russett noted
that project is currently in a preliminary stage but the developer is proposing 45 units on that
site.
Planning and Zoning Commission
August 16, 2018
Page 3 of 6
Townsend inquired what would happen to the tenants that may be in the ground floor residential
spaces that may transition to retail space in the future. Russett noted the market is always
fluctuating and while there might be a demand for residential at one point and then for retail in
the future. The idea is not to convert the area into retail if there are residential needs.
Baker noted that all of the affordable housing obligations from three buildings are being
transferred to one site where units will have a 30-year guarantee to stay affordable. Russett
confirmed if the affordable housing is transferred to 628 South Dubuque Street. Baker asked
then if those units could not convert to retail space then for 30 years. Russett confirmed that
would be correct.
Hensch opened the public hearing.
Mary Ann Dennis (Executive Director, The Housing Fellowship) wanted to comment on the 30
year guarantee for affordable housing. Dennis noted The Housing Fellowship is a non-profit
and they enter into these types of partnerships and try to get the low-income housing tax credits
is because the investors get the tax credits for 10 years, they are required to stay with the
project for 15 years, but the units are required to be affordable for 30 years. This is based on
the IRS low-income housing tax credit, which also states a qualifying non-profit has the right of
first refusal to buy the project (for the cost of $1 per unit plus any debt) from the investor at the
end of the investors 15 year requirement. Once The Housing Fellowship is the sole owner of
the building their intention is to keep the units as affordable for the life of the building. Dennis
noted if this amendment doesn’t pass this project will not move forward.
Townsend asked if this has been done with other projects. Dennis stated this is the fifth such
project The Housing Fellowship has been part of, they now own or manage 174 affordable
housing units (houses, duplexes, condos or apartments) in Johnson County. They have been
in business for 28 years.
Sara Barron (Affordable Housing Coalition) noted this amendment change is another step in the
City’s process of facilitating the building of this project. This project will create 20 new
affordable housing units and contribute to the overall quality of the neighborhood. The City has
already informally acknowledged its willingness to participate in this project with the proposed
residential top to bottom, and therefore the Affordable Housing Coalition strongly supports the
Planning & Zoning Commission passage of this amendment.
Hensch closed the public hearing.
Parson moved to recommend adoption of the following proposed amendment to 14-2G-
3B-2d of the Iowa City Municipal Code by the Iowa City Council:
d. Residential uses are not allowed within required retail storefronts, as specified in the
riverfront crossings regulating plan, except in the Central Crossings subdistrict for
housing subsidized by a federal or state program that requires at least 60 percent of the
units to be rent and income restricted.
Martin seconded the motion.
Baker noted this is a very specific amendment for a very specific small zone, is there any
chance this will ever be applicable anywhere else in the district. Russett noted there are some
areas elsewhere in the subdistrict where it could be used if the need was presented.
Planning and Zoning Commission
August 16, 2018
Page 4 of 6
Signs agrees with the proposed change, he noted the reality is there is a lot of vacant retail
space on the ground floor of some of the developments. Adding this flexibility is nice especially
since it is tied to affordable housing which is needed.
A vote was taken and the motion passed 6-0.
CONSIDERATION OF MEETING MINUTES: JULY 5, 2018
Signs moved to approve the meeting minutes of July 5, 2018.
Martin seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
Russett gave two updates. She spoke with the chair and they discussed amending the bylaws
so that will be coming before the Commission in the next few months. Also there is an implicit
bias training coming up and Russett distributed a flyer for the event.
Hensch noted the bylaws were last amended in 2004 so it is a good time for a review.
Signs noted there is a question regarding the impact of the decisions of zoning and code on the
affordability of constructing housing. He would like at some point for the Commission to have a
deeper conversation about that and perhaps establish some guidelines or expectations. Signs
stated the reality is there are things the Code requires or that Planning & Zoning require that do
directly impact the cost of construction. He has heard that anywhere from 25% to 30% of the
cost of a new home is due to Federal, State and Local regulations. Hensch agreed. Martin
noted it is not the purview of the Commission to worry about costs. Baker suggested having the
Building Association present to the Commission regarding costs.
Signs presented an example of a recent Commission decision, a project proposed off Camp
Cardinal Road. Because of the Commission requests and requirements the developer/applicant
had to redesign their plans three times which is thousands of dollars of work that will be added
into the total cost of the project. The developer works with Staff to meet City guidelines. Martin
noted in that case the applicant was asking for variances and therefore were not meeting the
zone or code guidelines.
Hensch stated this item should be tabled until set as an agenda item.
Adjournment:
Signs moved to adjourn.
Townsend seconded.
A vote was taken and the motion passed 6-0.
PLANNING & ZONING COMMISSION
ATTENDANCE RECORD
2018
1/4
1/18
2/15
3/1
(W.S)
3/12
3/15
(W.S.)
4/2
4/5
(W.S)
4/16
4/19
5/3
5/17
6/7
6/21
7/5
8/16
90980- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X O/E
DYER, CAROLYN X X X X X O/E X O/E X X X X X O/E X O
FREERKS, ANN X O/E X X X X X X X X O/E X X X ‘-- -- ‘-- --
HENSCH, MIKE X X X X O/E O/E X X X X X X X X X X
MARTIN, PHOEBE O/E X X X O/E X X X X X X X X X X X
PARSONS, MAX X X O/E X X X X X X X X X X X X X
SIGNS, MARK X X X X X X X X X X X X X X X X
THEOBALD, JODIE O/E X O/E X X X X X X X X X X O/E ‘-- -- ‘-- --
TOWNSEND, BILLIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X
KEY: X = Present
O = Absent
O/E = Absent/Excused
--- = Not a Member