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HomeMy WebLinkAbout11-08-2018 Historic Preservation CommissionIowa City Historic preservation Commission J / t 11 1 Il 11 Thursday November 8, 2018 5:30 p.m. C z� �.� �I nr � �v � AIL Emma Harvat Hall City Hall CID I �•: ` C2 r. IOWA CITY HISTORIC PRESERVATION COMMISSION Thursday, November 8, 2018 City Hall, 410 E. Washington Street Emma Harvat Hall 5:30 p.m. A) Call to Order B) Roll Call C) Public discussion of anything not on the agenda D) Certificate of Appropriateness — Consent Agenda 608 Grant Street — Longfellow Historic District (basement window removal and stair reconstruction) E) Report on Certificates issued by Chair and Staff Certificate of No Material Effect —Chair and Staff review 1. 506 North Linn Street — Northside Historic District (siding and trim repair) 2. 402 North Dodge Street— Goosetown/Horace Mann Conservation District (window repair) 3. 925 South 7' Avenue — Dearborn Street Conservation District (siding repair) 4. 722 North Lucas Street— Brown Street Historic District (soffit and fascia replacement) Minor Review —Staff review 1. 709 Oakland Avenue — Longfellow Historic District (front door replacement) 2. 416 South Governor Street — Governor -Lucas Street Conservation District (porch and step repair) 3. 1025 E. Washington Street — College Hill Conservation District (handrail installation) 4. 656 South Governor Street — Governor -Lucas Street Conservation District (siding replacement) F) Consideration of Minutes for October 11, 2018 G) Commission Information and Discussion 1. Downtown public meeting and City Council Work Session update 2. TDR packet from Planning and Zoning Commission meeting 3. Historic Preservation Awards H) Adjournment If you will need disabilityrelatedaccommodations in order to participate in this meeting, please contact Jessica Bristow, Urban Planning, at 319-356-5243 or at Jessica -bristow@a Iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Staff Report November 1, 2018 Historic Review for 608 Grant Street District: Longfellow Historic District Classification: Contributing The applicant, Andrea Heffernan, is requesting approval for a proposed alteration project at 608 Grant Street, a Contributing property in the Longfellow Historic District. The project consists of removing a deteriorated and partially obscured basement window from the north side of the house. Auulicable Regulations and Guidelines: 4.0 Iowa CityHistasicPresermizan Guidelines forAlltemizans 4.5 Foundations 4.13 Windows Staff Comments The Site Inventory- lists this house as c. 1925 -1930. It is a two-story house that is representative of Mediterranean Revival. The very low-pitched hip roof, the stucco cladding, the arched opening, and the use of wrought iron on the second floor balcony are identifying features of this style. While the house may not seem to fit well with the neighboring houses, the style was popular during the Twenties and Thirties and falls into the period of significant development in the Longfellow neighborhood. An addition was added to the east (back) side of the house before the property was included in a historic district, but the street side retains its original character. The rear deck and subsequent extension and screened enclosure was previously approved by the commission. The applicant is proposing to remove a small basement window on the north side of the foundation wall. The window is partially obscured by the concrete stairs from a secondary side entry. The frame is heavily damaged and deteriorated. The window has been partially protected by a curved metal panel for many years. The opening would be filled with concrete block and a stucco coating would be applied to blend with the existing stucco coating on the foundation. The concrete stairs will also be repaired. Section 4.13 Windows of the guidelines recommend that if an opening is to be dosed on a brick structure, it should be recessed to express the original opening and lintels and sills should be maintained. On a framed structure, appropriate siding that matches the existing should be used with its members being placed across and randomly extended beyond the opening. If an opening is to be relocated it should not detract from overall fenestration patterns. Section 4.5 Foundations recommend that stucco is repaired with a mixture that matches the existing in texture, color, and composition. In Staffs opinion, this window is not visible unless one is standing next to it. The opening has not been used for light or ventilation for many years and at the time the side entry was added to the house and the concrete stairs were poured, the window was partially blocked. In staffs opinion, the removal of the window will have no material effect on the historic structure. Repairing the stucco so that it matches the existing is the most appropriate method for foundation repair once the window removal is approved. Staff recommends approval of this application. Recommended Motion Move to approve a Certificate of Appropriateness for the project at 608 Grant Street as presented in the application. APPLICATION FOR HISTORIC REVIEW Application for alterations to the historic landmarks or properties located in a historic district or conservation district pursuant to Iowa City Code Section 14-4C. Guidelines for the Historic Review process, explanation of the process and regulations can be found in the Iowa City Historic Preservation Handbook, which is available in the Neighborhood and Development Services office at City Hall or online at: www.ic og v org/historicl2reservationresources For Staff Use: Date submitted: ElCertificate of No matey al Effect ❑ Certificate of Appropriateness ❑ Major Review ❑ Intermediate Review ❑ Minor Review The HPC does not review applications for compliance with building and zoning codes. Work must comply with all appropriate codes and be reviewed by the building division prior to the issuance of a building permit. Meeting Schedule: The HPC meets the second Thursday of each month. Applications are due in the office of Neighborhood and Development Services by noon on Wednesday three weeks prior to the meeting. See last page of this application for deadlines and meeting dates. PROPERTY OWNER/ APPLICANT INFORMATION (Please check primary contact perm) ❑ Property Owner Name: rve_ .- - Email: Phone Number: j Address: City: C: State:0 Zip Coder ❑ Contractor/Consultant Name: e - Q, .r e- 2yytagatBm2,7SB Phone Number: 1 19-737-7 O City: fflrState:�Zip Code: $Z _ -- PROPOSEO.PROJECT INFORMATION Address: Use of Property: a Date Constructed (if known):0 I-II1S5T0I2IC IJESIGNAiION (Z Ufs are located at thQ w-ww f y Qrg/ *Gt�yri�nxes�ervafionresourre,➢ This Property is a local historic landmark. OR ❑ This Property is within a historic or conservation district (choose location): ❑ Brown St. Historic District ❑ Northside Historic District ❑ College Hill Conservation District ❑ College Green Historic District ❑ Summit St. Historic District ❑ Dearborn St. Conservation District ❑ East College St. Historic District ❑ Woodlawn Historic District ❑ Goosetown/ Horace Mann ❑ Jefferson St. Historic District ❑ Clark St. Conservation Conservation District ❑ Longfellow Historic District District ❑ Governor -Lucas St. Conservation District Within the district, this Property is Classified as: 0 Contributing ❑ Noncontributing ❑ Nonhistoric APPLICATION REQUIREMENTS Choose appropriate project type. In order to ensure application can be processed, please include all listed materials. Applications without necessary materials may be rejected. ❑ Addition (Typically projects entailing an addition to the building footprint such as a room, porch, deck, etc.) ❑ Building Elevations ❑ Floor Plans ❑ Photographs ❑ Product Information ❑ Site Plans ❑ Alteration (Typically projects entailing work such as siding and window replacement, skylights, window opening alterations, deck or porch replacement/construction, baluster repair, or similar. If the project is a minor alteration, photographs and drawings to describe the scope of the project are sufficient.) ❑ Building Elevations ❑ Product Information ❑ Photographs ❑ Construction of a new building ❑ Building Elevations ❑ Floor Plans ❑ Photographs ❑ Product Information ❑ Site Plans ❑ Demolition (Projects entailing the demolition of a primary structure or outbuilding, or any portion of a building, such as porch, chimney, decorative trim, baluster, etc.) ❑ Photographs ❑ Evidence of deterioration ❑ Proposal of Future Plans ❑ Reuair or Restoration of an existing structure that will not change its appearance. ❑ Photographs ❑ Product Information ❑ Other Please contact the Preservation Specialist at 356-5243 for materials which need to be included with applications APPLICATION REQUIREMENTS Project Description: F/ iA pSP/n An//11 l/��fUn OCJ /dA 1vG/j�jJ// fi' /a/� W. Materials to be Used: 'AT— — "✓e A"' // 6-s'e STw 42�./ A!( Exterior Appearance Changes: "Q���� j`'`� �dvs+y�✓ DLei A ---/.j064 Ail ✓ V Ooci�v e. �'�'i�d�6✓ ivi // T� Ei �i To Submit Application: Download form, Fill it out and email it to jesska-bristow®iowa-city.org or mail to Historic Preservation, City of Iowa City, 410 E. Washington Street, Iowa City, IA 52240 1161iI.Ye7F. ili:P. WE ii - 0 illlT[.InlO .Ti[o mil ri -4 4 CITY OF 1OWA CITY MEMORANDUM Date: October 18, 2018 To: Planning & Zoning Commission From: Anne Russett, AICP, Senior Planner, Neighborhood & Development Services Re: Amendment to Title 14, Zoning Code of the Iowa City Code related to Transfer of Development Rights for Historic Properties (ZCA18-0003) Introduction At the City Council's May 29, 2018 meeting the Council considered the local landmark designation of the property at 410-412 North Clinton Street. At this meeting the property owner's attorney requested that the Council defer action on the local landmark designation until the City reviews and analyzes the establishment of a city-wide transfer of development rights (TDR) program for historic properties. The Council voted to defer action on the local landmark designation for eight months and directed staff to explore the creation of a city-wide TDR ordinance. Since that meeting, staff prepared two memos to the City Manager regarding a potential ordinance [Attachments 1 and 2] and the City Council discussed the establishment of a city-wide TDR ordinance for historic preservation at two work sessions and directed staff to move forward with its development for Council's consideration. [Attachment 3] At the Planning and Zoning Commission's meeting on October 18, staff will present a draft TDR ordinance [Attachment 4] for the Commission's review and recommendation. This memo provides a background on TDR programs, summarizes the existing TDR provisions in Riverfront Crossings, and outlines the draft ordinance. The draft is based on a September 4 work session discussion with the City Council. Background & Overview of TDR Programs Created to protect natural resources, farmland, and open spaces, as well as preserve historic resources TDR programs create an incentive for property owners to preserve these resources by allowing them to sell or transfer development rights from the property being protected to another site where development can occur at a higher density or intensity than allowed in the underlying zoning designation. Generally, TDR programs have the following components: • Sending Areas: Areas identified for protection. These areas are typically required to be preserved and all or a portion of the development potential of the property could be transferred to another site. • Receiving Areas: Areas where the development rights from the sending sites could be transferred. These are areas where the City wants to encourage growth and development at a higher density or intensity than currently allowed. These areas should have adequate public services and utilities to accommodate additional growth, as well as a healthy market demand for growth. • Transfer Calculations: TDR programs can allow the transfer of all or a portion of the development potential of a sending site. Ordinances must outline how the transfers are calculated. October 12, 2018 Page 2 Process & Administration: TDR programs need to establish a process for how transfers are reviewed and approved. Additionally, transfers must be tracked over time (i.e. how many transfers do property owners in the sending area have; how many have been transferred and how many remain; where have they been transferred). Summary of Riverfront Crossings Form -Based Code TDR Ordinance The City currently has a TDR ordinance in the Riverfront Crossings District for the dedication of open space, preservation of historic properties, and the dedication of public right-of-way. Below is a summary of the existing provisions for historic structures: • Eligible sending sites include properties designated as an Iowa City Landmark, eligible for landmark designation, registered on the National Register of Historic Places, or listed as a historically significant building per a survey • Prior to requesting a transfer of development rights, the property must be designated as an Iowa City Landmark to ensure its protection long-term • Receiving sites include properties within the Riverfront Crossings District • The formula for calculating the transfer is Lot Area of the Sending Site XMaximum Number of Stories Allowed on the Sending Site = Square Footage Eligible for Transfer • City Council must review and approve all projects receiving transfer of development rights • No transfer can exceed the maximum height allowed through the building height bonus provisions, which varies depending on the subdistrict In 2015, the City Council approved a transfer of development rights from the Tate Arms building at 914 S. Dubuque (sending site) to a new building at the corner of S. Dubuque and Benton Streets (201 E. Benton & 912 S. Dubuque (receiving site)). Out of the 34,800 square feet of development rights available for transfer, the Council approved a transfer of 7,400 square feet to add a 51" story to the building. The property owner has 27,400 square feet of development rights remaining to transfer. This is the only transfer applied for and approved since the adoption of the Riverfront Crossings Form -Based Code in 2014. Proposed City-wide TDR Ordinance for Historic Preservation Based on the direction provided by the City Council, staff has developed a draft ordinance to apply city-wide. A summary of the key components of the draft ordinance is outlined below. Eligible Sending Sites Staff proposes that eligible sending sites include properties eligible for Iowa City historic landmark designation. More specifically, a sending site must be designated as an Iowa City historic landmark after the adoption of the proposed city-wide ordinance in order to be eligible for the transfer incentive. Furthermore, properties already within existing Iowa City historic districts and conservation districts are not eligible to obtain Iowa City landmark status and benefit from the TDR incentive. Eligible Receiving Sites The eligible receiving sites proposed include the properties zoned Riverfront Crossings and zone districts that allow multi -family dwellings either as a permitted or provisional use'. This includes all multi -family residential zone districts and several commercial zone districts. Properties designated as Iowa City historic landmarks, Iowa City historic districts, and designated in the National Register of Historic Places are not eligible as receiving sites. [Attachment 5] ' Permitted uses area I lowed by -right. Provisional uses are permitted if they meet certain use specific criteria and standards. October 12, 2018 Page 3 Transfer of Development Rights Staff proposes to consider transfer requests for either a height bonus or a density bonus, but not both a height and density bonus. Additionally, staff proposes to allow transfer requests to exceed either the height or density permitted on the receiving site, but restrict any height bonus to no more than 40 feet above the maximum height allowed. Staff does not recommend any restrictions on the increase in density transferred. Staff proposes to calculate these transfers as follows: (1) Height Bonus Option: • Difference between the maximum allowable height of the sending site and the existing height of the historic structure. In cases where the transfer is less than 12 feet, staff suggests including a provision that 12 feet may be transferred even if the difference is less than 12 feet. In many instances historic properties are residentially zoned, which typically have a maximum of 35 feet. Since historic buildings typically have higher ceilings a two-story historic building may not result in much of a height transfer. Therefore, staff suggests allowing a transfer of 12 feet, which will allow a minimum of at least one story to be transferred. (1) Density Bonus Option: Difference between the maximum number of dwelling units allowed on the sending site based on the underlying zoning designation at the time of Iowa City historic landmark designation and the existing number of dwelling units on the sending site. Transfer Review Process Staff proposes that any request for a transfer be reviewed by the staff design review committee, which will then submit a recommendation to the City Council for their review and approval. Historic Preservation Commission Review On October 11, staff presented the proposed ordinance to the Historic Preservation Commission. The Commission voted to move the proposed ordinance forward in the process; however, they did outline some concerns and suggestions. Below is a list of their comments and staff's feedback. 1. The Commission expressed concern that the proposed ordinance only applies to future Iowa City landmarks. In 2018, the City Council approved Iowa City landmark designation status for the following properties: • David Boarts (Sylvanus Johnson) House, 412 N. Dubuque Street • George and Hellen Hummer House, 504 E. Bloomington Street • Parrott House, 1029 N. Dodge Street • Albert Henry Byfield House, 715 Park Road • Anton Geiger House, 213 E. Market Street The Commission felt that these recent designations should receive the incentive due to their very recent designation. The Commission also expressed concern that the proposed ordinance could deter downtown property owners from supporting a downtown district. October 12, 2018 Page 4 The Commission suggested considering allowing future Iowa City commercial historic districts, and potentially, future districts, in general, to be eligible for the incentive. Staff agrees with the suggestion to allow the incentive to apply to the properties designated in 2018. In addition, staff agrees with the suggestion to allow the incentive to apply to properties within future Iowa City historic districts to help incentivize the creation of local historic districts. Based on a conversation with the Historic Preservation Planner, at present there are a limited number of areas in the city that would be eligible for a local historic district. Lastly, to ensure consistency between the city-wide ordinance and the existing Riverfront Crossing's ordinance, staff also recommends amending the TDR provisions in Riverfront Crossings to include Iowa City historic districts. 2. The Commission expressed some concern over the receiving sites and the potential impact of additional height and density in existing residential neighborhoods. One Commissioner expressed concern regarding the process and lack of confidence in the design review committee. The proposed ordinance suggests capping height bonus transfers at 40 feet beyond the maximum height of the receiving site. In addition, any request will need to be reviewed by the design review committee and City Council. However, to address the Commission's concerns staff recommends incorporating the following provisions that protect existing single-family neighborhoods: For transfers proposed next to single-family residences, limit the height to two stories above the height of the existing single-family home. 3. Lastly, the Commission requested that staff explore other incentives, such as property tax reductions. Comprehensive Plan Consistency The draft ordinance supports the following Comprehensive Plan Land Use Goal and Strategy: Goal: Continue to protect our community's historical, environmental, and aesthetic assets. Strategy: Develop strategies to encourage the protection of natural areas and historic features and support the enhancement of areas that can serve as assets and/or amenities for adjacent development. The City's Historic Preservation Plan is a component of the Comprehensive Plan. The draft ordinance supports the following historic preservation goals: Goal 2: Make protection of historic resources a municipal policy and implement this policy through effective and efficient legislation and regulatory measures. Goal 3: Establish economic incentives to encourage the preservation of historic buildings and neighborhoods. Staff Recommendation Staff recommends that the Planning and Zoning Commission recommend adoption of the draft ordinance by the Iowa City City Council. October 12, 2018 Page 5 Attachments: 1. July 18, Memo to eoff Fruin, City Manager 2. August 29, Me t Fruin, City Manager 3. Staff presen do to n m er , 4. Draft O e 5. Proposed Eligible Receiving Sites Map Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services -4 4 CITY OF 1OWA CITY MEMORANDUM ATTACHMENT 1. Date: July 18, 2018 To: Geoff Fruin, City Manager From: Anne Russett, Senior Planner Danielle Sitzman, Development Services Coordinator Tracy Hightshoe, Director, Neighborhood & Development Services Re: Update on Possible City-wide Transfer of Development Rights Program for Historic Preservation Introduction At the City Council's May 29, 2018 meeting the Council considered the local landmark designation of the property at 410-412 North Clinton Street. At this meeting the property owner's attorney requested that the Council defer action on the local landmark designation until the City reviews and analyzes the establishment of a city-wide transfer of development rights (TDR) program for historic properties. The Council voted to defer action on the local landmark designation for eight months and directed staff to explore the creation of a city-wide TDR ordinance. This memo provides an overview of TDR, outlines the City's existing TDR policy in the Riverfront Crossings District, and highlights some issues that staff will need to further analyze before moving forward with a city-wide TDR ordinance. Background & Overview of TDR Programs Created to protect natural resources, farmland, and open spaces, as well as preserve historic resources TDR programs create an incentive for property owners to preserve these resources by allowing them to sell or transfer development rights from the property being protected to another site where development can occur at a higher density or intensity than allowed in the underlying zoning designation. Generally, TDR programs have the following components: • Sending Areas: Areas identified for protection. These areas are typically required to be preserved and all or a portion of the development potential of the property could be transferred to another site. • Receiving Areas: Areas where the development rights from the sending sites could be transferred. These are areas where the City wants to encourage growth and development at a higher density or intensity than currently allowed. These areas should have adequate public services and utilities to accommodate additional growth, as well as a healthy market demand for growth. • Transfer Calculations: TDR programs can allow the transfer of all or a portion of the development potential of a sending site. Ordinances must outline how the transfers are calculated and consider the following: 1) is there a market for these transfers; 2) can the infrastructure in the receiving area handle the additional development; 3) does the comprehensive plan support the additional development in the receiving area. • Process & Administration: TDR programs need to establish a process for how transfers are reviewed and approved. Additionally, transfers must be tracked over time (i.e. how many transfers do property owners in the sending area have; how many have been transferred and how many remain; where have they been transferred). October 12, 2018 Page 2 Summary of Riverfront Crossings Form -Based Code TDR Ordinance The City currently has a TDR ordinance in the Riverfront Crossings District for the dedication of open space, preservation of historic properties, and the dedication of public right-of-way. Below is a summary of the existing provisions for historic structures: • Eligible sending sites include properties designated as an Iowa City Landmark, eligible for landmark designation, registered on the National Register of Historic Places, or listed as a historically significant building per a survey • Prior to requesting a transfer of development rights, the property must be designated as an Iowa City Landmark to ensure its protection long-term • Receiving sites include properties within the Riverfront Crossings District • The formula for calculating the transfer is Lot Area of the Sending SiteXMaximum Number of Stories Allowed on the Sending Site = Square Footage Eligible for Transfer • City Council must review and approve all projects receiving transfer of development rights even when the resulting height bonus does not exceed two stories • No transfer can exceed the maximum height allowed through the building height bonus provisions, which varies depending on the subdistrict In 2015, the City Council approved a transfer of development rights from the Tate Arms building at 914 S. Dubuque (sending site) to a new building at the corner of S. Dubuque and Benton Streets (201 E. Benton & 912 S. Dubuque (receiving site)). Out of the 34,800 square feet of development rights available for transfer, the Council approved a transfer of 7,400 square feet to add a 5'h story to the building. The property owner has 27,400 square feet of development rights remaining to transfer. This is the only transfer applied for and approved since the adoption of the Riverfront Crossings Form -Based Code in 2014. Potential Receiving Areas for a City-wide Historic Preservation TDR Program At the City Council's May 29, 2018 meeting the Council seemed interested in identifying potential receiving areas for a city-wide ordinance. The table below outlines some potential options for receiving areas, as well as some pros and cons. Potential Receiving Area Pros Cons Riverfront Crossings Master Plan & form- - Current allowable based code densities and encourage higher intensities combined densities and with height bonus intensities provisions are Current receiving area generous for the form -based code TDR program for historic preservation, public right-of-way, and open space transfers Downtown Core of the city with Receiving properties access to amenities, in the downtown may services, and be limited due to the transportation options results of the downtown historic building survey that is underway South Johnson Street and Area already zoned Smaller geographic South Van Buren Street for higher density area that may not be between Court Street & housing able to accommodate Railroad October 12, 2018 Page 3 Transfers could provide an incentive for redevelopment of this area the demand of a city - wide ordinance Land designated for multi -unit - Areas are already Potential concern development zoned for higher from neighboring density housing property owners - More scattered approach that would not concentrate transfers in one area Any combination of the above areas Next Steps & Conclusion Between now and September 2018 staff will further analyze the possibility of a city-wide ordinance. Specifically, staff will: - Conduct best practice research - Review other local jurisdictions' TDR programs - Further analyze potential receiving areas - Identify sending areas based on Riverfront Crossings criteria and estimate the amount of potential transfers The proposed timeline for the project is as follows: Date Task June —August 2018 Research and analysis September 4, 2018 Presentation to Council on research; recommendation from Council to proceed or not proceed on ordinance drafting September— October 2018 Ordinance drafting, if determined by Council October 11, 2018 Historic Preservation Commission Review & Discussion October 18, 2018 Planning & Zoning Commission Review & Discussion November 1, 2018 Planning & Zoning Commission Review & Recommendation November 20, 2018 City Council 11 reading of ordinance December 4, 2019 City Council (2"' & possible 31 reading of ordinance January 29, 2019 Expiration of 8-month deferral of the local landmark designation of 410-412 North Clinton Street r ®I, CITY OF I O WA CITY MEMORANDUM ATTACHMENT 2. Date: August 29, 2018 To: Geoff Fruin, City Manager From: Anne Russett, AICP, Senior Planner, Neighborhood & Development Services Danielle Sitzman, AICP, Development Services Coordinator, Neighborhood & Development Services Re: Update on Research and Policy Questions regarding Possible City-wide Transfer of Development Rights Program for Historic Preservation Introduction At the City Council's May 29, 2018 meeting the Council considered the local landmark designation of the property at 410-412 North Clinton Street. At this meeting the property owner's attorney requested that the Council defer action on the local landmark designation until the City reviews and analyzes the establishment of a city-wide transfer of development rights (TDR) program for historic properties. The Council voted to defer action on the local landmark designation until the end of January 2019 and directed staff to explore the creation of a city-wide TDR ordinance. At the August 7 work session, the City Council discussed the July 18 memo to the City Manager, which provided an overview of TDR, summarized the City's existing TDR provisions in Riverfront Crossings, and outlined potential receiving areas. At the work session, the Mayor expressed interest in South Johnson and South Van Buren Streets from Court Street to the railroad tracks being a receiving area if an urban design plan existed for the area. This memo provides an update on staff's research and analysis and outlines specific policy questions for the City Council. In order to meet the January 2019 deadline, staff needs direction from the City Council on the following: the formula for calculating the transfer of development rights, the priority of preserving historic resources compared to bonus provisions currently offered for other public benefits, the process for the review and approval of development transfers, and areas to further pursue as receiving sites. In general, staff recommends a program that is fair, legally -sound, easy to administer, and simple to understand. Additionally, staff wants an effective program that preserves historic resources while not compromising the ability to achieve other important comprehensive plan goals. Overview of Research & Analysis Sending Areas Staff conducted an analysis of possible sending areas in order to estimate the potential for development transfers. Staff estimated the amount of development that could be transferred through a city-wide TDR program by applying the existing Riverfront Crossings transfer formula'. Furthermore, the Riverfront Crossings TDR provisions require that prior to requesting a transfer of development rights, the property must be designated as a local landmark. Therefore, in this analysis staff applied the transfer formula to existing landmarks (see Table 1). 'The formula for calculating the transfer in Riverfront Crossings is Lot Area of the Sending Site X Maximum Number of Stories Allowed on the Sending Site = Square Footage Eligible for Transfer October 5, 2018 Page 2 Table 1. Summary of Transfer Potential of Local and NRHP-Listed Landmarks Sending Sites Development Transfer Potentia12 (square feet Local Landmarks Only 4,367,0683 Local Landmarks & National Register of 5,368,9974 Historic Places -Listed Landmarks The analysis conducted only looks at existing local and national landmarks. There are several other buildings that are eligible for local landmark designation and the Historic Preservation Commission has been proactively identifying sites to locally landmark. The City is also in the midst of a survey of downtown historic properties. Several properties in the downtown are eligible for local landmark designation. As more properties are landmarked the transfer potential will continue to increase. Staff reviewed several other future landmark designations. sites. However, some cities eligible as a sending site. TDR programs. Of the programs reviewed, none applied only to In other words, existing and future landmarks qualified as sending required rehabilitation of the historic structure prior to becoming Receiving Areas The areas identified by staff as potential receiving areas include: Riverfront Crossings, Downtown, South Johnson and South Van Buren Streets between Court Street and the Railroad, and Land Designated for Multi -Unit Development throughout the city. Using these areas, staff conducted an analysis to determine the amount of existing development potential (see Table 2). For the analysis, staff identified vacant and underutilized sites within the potential receiving areas. The following areas were removed from the analysis: land within the 500-year and 100-year floodplains, local historic landmarks, local historic districts, conservation districts, and publicly zoned land. In addition, several historic properties in the downtown were removed from the analysis. For a more detailed outlined of the methodology, please refer to Attachment 1. Table 2. Summary of Development Potential for Receiving Areas Potential Receiving Areas Development Potential Development Potential (square feet(dwelling units Riverfront Crossings 2,522,3135 Downtown 242,4716 South Johnson Street & South - - Van Buren Street between Court Street and the Railroad' Citywide Land Designated for 5,389,5258 845 Multi -unit Development Total 8,154,3091 84511 2 Staff used the square footage of the RISE, which is 363,268 sq ft (excluding the lower levels), as a gauge- 3 Approximately equivalent to 12 RISE buildings- 4 Approximately equivalent to 15 RISE buildings- 5 Approximately equivalent to 7 RISE buildings- 6 Approximately equivalent to 0.67 RISE buildings- 7 None of the properties met staffs criteria for underutilized. 6 Approximately equivalent to 15 RISE buildings. s Approximately equivalent to 22 RISE buildings. 10 The residential portion of the RISE includes 332 dwelling units. October 5, 2018 Page 3 Accommodating the potential development transfers depends on a number of factors, including the eligible sending and eligible receiving sites. Another option to consider that could also help preserve historic structures is a parking reduction. Instead of transferring development rights, the receiving site could purchase the right to receive a parking reduction. Staff has not explored this thoroughly. More research is required to better understand the viability of this option. Other Local Jurisdictions' TDR Programs Staff also reviewed other local jurisdictions' TDR programs across the country that focus on preserving historic resources. For a more detailed overview of other programs, please refer to Attachment 2. Transfer Formulas There are different ways to approach calculating the transfer rights from a sending site to a receiving site. Several cities consider the existing development on the sending site. More specifically, these cities calculate the transfer by taking the maximum development potential of the sending site less the existing development on the sending site. To provide an incentive, many cities also allow development to exceed the maximum allowable density/intensity on the receiving site. Table 3 outlines some examples. Table 3. Example Transfer Formulas Local Jurisdiction L Transfer Formula Chico, CA (Max density of the sending zone X Acreage of sending site) Less (Existing and proposed Number of dwelling units on the sending site) 'Receiving site bonus above that allowed by comprehensive plan Minneapolis, MN (Max allowable floor area of the sending site) Less (Floor area of existing development on sending site) 'Receiving site bonus of 30% above max allowable floor area Pittsburgh, PA (Max allowable development) Less (Existing amount of development) 'Receiving site density bonus of between 20% and 200% Providence, RI (Max allowable height) Less (Height of historic landmark) 'Receiving site bonus height of 1.6 times the max height or 300 ft, whichever is less. Vancouver, WA (Max allowable floor area of the sending site) Less (Existing floor area of the sending site) 'Receiving site development must not pose hazard to low -flying aircraft. West Hollywood, CA Residential: (Max allowable dwelling units) Less (Existing number of dwelling units) Commercial: (Max allowable floor area) Less (Existing floor area) 'Receiving site FAR bonus allowed through Planning Commission review and approval. West Palm Beach, FL (Lot area X Max allowable floors) Less (Floor area of existing structure) *Receiving site height bonus. Compared with these other local jurisdictions, the City's current transfer formula in Riverfront Crossings is very generous. Unlike the examples above, the formula in Riverfront Crossings does not take into consideration the existing development on the sending site. In establishing the October 5, 2018 Page 4 transfer formula for Riverfront Crossings, staff anticipated a significant amount of redevelopment pressure, and therefore, intentionally recommended a generous transfer formula in order to incentivize the preservation of historic resources. Approval Process for Transfers TDR programs also vary in how the sending and receiving of transfers are reviewed and approved. Many jurisdictions have a process that requires review by either the City Council or a board or commission. Table 4 provides some examples of how other local jurisdictions review and approve transfers. Table 4. Examples of TDR Processes Local Jurisdiction TDR Approval Process Chico, CA Non -administrative: City Council approval required Minneapolis, MN Administrative: Review and approval by Planning Director Pittsburgh, PA Non -administrative: Historic Preservation Commission approval required Providence, RI Non -administrative: Downtown Design Review Committee approval required Vancouver, WA Non -administrative: City Council approval required West Hollywood, CA Non -administrative: Cultural Heritage Advisory Board reviews and approves rehabilitation plan West Palm Beach, FL Non -administrative: Downtown Advisory Committee review and approval required The City's existing TDR provisions require that the City Council review and approve any transfer of development rights request. Although several of the example jurisdictions above include the equivalent of the Historic Preservation Commission in the review, some also require review and approval by the City Council. Only one jurisdiction, Minneapolis, MN, reviews and approves transfers administratively. Administration & Tracking Staff also looked at how other local jurisdictions administer and track TDR programs. Table 5 outlines some examples from other jurisdictions. Table 5. Examples of TDR Administration & Trackinq Local Jurisdiction Tracking Mechanism Chico, CA Documented in adoption of Specific Plan or Planned Unit Development or executed through a Development Agreement. Minneapolis, MN Recorded with the County as a conservation easement or similar restriction. Pittsburgh, PA Legal document signed by sending and receiving site property owners and approved by the City Attorney. Document outlines reduction in development rights on sending site and increase on the receiving site. Providence, RI Owners of sending and receiving sites execute a deed or other agreement to be recorded with the title to both sites. West Hollywood, CA City staff maintains a list of eligible sending sites to assist potential receiving site developers. October 5, 2018 Page 5 m Beach, FL City staff maintains a registry of development rights available and transfers. Execution of City -approved restrictive covenant that outlines transfer. Covenant recorded against the sending and receiving sites and added to There are a variety of methods that other jurisdictions employ to administer and track TDR programs, some are more complex than others. The Riverfront Crossings TDR provisions do not outline a method for tracking transfers. Currently, planning staff maintains a spreadsheet of approved transfers and the applicable sending and receiving sites. More formal tracking mechanisms should be contemplated in a city-wide TDR program and developed in coordination with the City Attorney's Office. Receiving Areas Table 6 outlines other jurisdictions' receiving areas. Table 6. Receiving Areas Local Jurisdiction Receiving Areas Chico, CA Applicant must demonstrate that the proposed receiving site can accommodate the additional development. Minneapolis, MN Sites within the downtown that are not a designated historic structure or eligible for designation. Pittsburgh, PA Focused in the downtown. Providence, RI None specified, but program is focused in the downtown. Vancouver, WA Sites with the same zoning district as sending site. West Hollywood, CA Medium and high -density commercial zones. Do not allow transfers into residential zones. West Palm Beach, FL Specific sites identified in the downtown. Issues / Constraints Several cities across the country have adopted TDR programs to preserve historic resources and some are more effective than others. There are variety of factors that could impact the success of program, which are outlined below. Market Potential At this time staff does not have a market study that examines the market potential for a city-wide TDR program and completing a market analysis within the timeframe required is not feasible. Therefore, it is unclear whether a demand for such a program exists. Lack of Certainty in the Process Another factor that could impact the effectiveness of a TDR program is how transfers are reviewed and approved. Programs that allow by -right transfers that are reviewed and approved administratively provide more certainty for developers. Programs that require a discretionary, public process provide less certainty and more risk to developers. Other Bonus Mechanisms Some of the more effective TDR programs provide few or no other alternatives to achieving additional development potential. If other mechanisms exist to developers to achieve more development potential it could impact the effectiveness of a TDR program. Some examples that the City currently offers in Riverfront Crossings include bonuses for public art, Class A office space, affordable housing, and energy and environmental stewardship. October 5, 2018 Page 6 Policy Questions for Council The most fundamental question for City Council is whether they wish to continue to pursue a city- wide TDR program to preserve historic resources. If the City Council would like staff to continue to pursue a city-wide program, staff needs direction on the following policy questions: 1. Should eligible sending sites include existing local historic landmarks or only future local historic landmarks? The City has 52 local historic landmarks and the Historic Preservation Commission is working to identify and designate more local landmarks. In addition, the downtown includes a number of properties that are eligible for local landmark designation. Some options include: a) Eligible sending sites include existing and future local historic landmarks • Pros: i. Fair ii. Consistent with the Riverfront Crossings TDR provisions • Cons: i. Depending on the transfer formula and the identified receiving sites the city may not have enough capacity to receive all of the potential transfers. b) Eligible sending sites only include future local historic landmarks • Pros: i. May be easier to accommodate the transfer potential • Cons: i. Inconsistent with the Riverfront Crossings TDR provisions 2. Should a city-wide TDR ordinance apply the existing transfer calculation formula that is outlined in the Riverfront Crossings form based code or a new formula? The transfer formula adopted in Riverfront Crossings was intentionally generous to incentivize preservation in an area anticipated to be redeveloped. The formula does not take into consideration existing development on the sending site; and therefore, results in higher transfer potential. Using the same formula for a city-wide program provides consistency and clarity between the two programs. It would also make administration and tracking of the program easier. However, depending on the receiving sites identified there may be an issue with the capacity available for development on the receiving sites. Some options include: a) Keep the existing Riverfront Crossings transfer formula. • Pros: i. More generous, could provide more of an incentive to developers ii. Consistency in administration, application, and simpler to understand • Cons: i. More generous, may not be able to accommodate the amount of potential transfers b) Establish a new transfer formula that considers the existing development on the sending site. • Pros: i. May be able to accommodate the potential transfers with a less generous formula • Cons: i. More complex and more difficult to administer October 5, 2018 Page 7 ii. May want to revisit the Riverfront Crossings transfer formula to ensure consistency, which would require more time 3. The City already gives bonuses for certain public benefits provided with development projects. Should preservation of historic resources be treated in a similar manner or given a higher priority? Several other programs across the country provide an incentive to transfer development rights by allowing a density or intensity bonus on the receiving site. This comes in many forms: height increases, additional floor area, and additional dwelling units. The City's zoning ordinance currently includes several bonus provisions. In the central business district zones (i.e. CB-2, CB-5, and CB-10) bonuses are reviewed and approved administratively when development projects provide the following types of public benefits: • Masonry finish; • Provision of a theater; • Funds for street furniture, lighting, and landscaping within the public right-of-way; • Open space; • Adaptive reuse of certain historic properties; • Provision of off-street loading areas that meet specific requirements; and • Provision of class A office space." In the planned high density multi -family residential zone (PRM) bonuses are reviewed and approved administratively when development projects provide the following types of public benefits: • Materials, specifically masonry finish; • Open Space; • Rehabilitation of a historically significant building; • Assisted housing; • Streetscape amenities; • Landscaping; and • Installation of window units that have a height that is at least 1.5 times greater than the width.12 In addition to the bonuses offered for transferring development rights, height bonuses may be requested in Riverfront Crossings for several public benefits. Requests to exceed the base height by two stories are reviewed and approved administratively. Requests to exceed the base height by more than two stories are reviewed and approved by the City Council. Bonuses are reviewed for the following public benefits: • Class A office space; • Public art; • Energy efficiency and environmental steward through Leadership in Energy and Environmental Design (LEED) or a similar program; • Student housing; • Hotel space; • Workforce or affordable housing; and • Elder housing.13 Some options include: a) Model a city-wide TDR program on the current bonus provisions offered in the central business district zones, planned high density multi -family residential zones, and Riverfront Crossings. 11 For more detail on these bonus provisions please see 14-2C-8. 12 For more detail on these bonus provisions please see 14-213-7. 11 For more detail on these bonus provisions please see 14-2G-7. October 5, 2018 Page 8 • Pros: i. Simpler and easier to administer • Cons: i. Bonuses for multiple public benefits may dilute the effectiveness of preserving historic structures b) Allow transfers for historic properties to exceed the City's current bonus provisions (e.g. offer more height, more density/intensity). • Pros: i. Offering more of a bonus may be more of an incentive to preserve historic resources over bonuses offered for other public benefits • Cons: i. Community concerns with additional density/intensity and height ii. An analysis of the potential impact of an additional bonus would take time to evaluate 4. What type of process should be established for the review and approval of sending and receiving transfer of development rights? The City's existing TDR provisions require review and approval by the City Council when a transfer of development rights is proposed. In staff's review of other TDR programs several require a non -administrative review and approval; however, some jurisdictions review and approve development transfers administratively in order to streamline the process and provide some certainty. Some options include: a) Keep the existing Riverfront Crossings review and approval procedure by City Council. • Pros: i. Simpler and consistent with current process • Cons: i. Lack of certainty in the approval process b) Establish a new procedure that allows transfers up to a certain height or density/intensity to be reviewed and approved administratively. This could be similar the City's existing central business district bonus provisions or certain Riverfront Crossings' bonus provisions, which are reviewed and approved administratively. Any transfers beyond an identified threshold would be reviewed and approved by the City Council. • Pros: i. Streamlines the review and approval of transfers ii. Allows the City Council to review and approve larger transfers that would potentially have more of an impact • Cons: i. Not consistent with current process 5. What areas should a city-wide TDR ordinance identify as receiving areas? Staff has proposed a few options for potential receiving sites: • Riverfront Crossings, • Downtown, • South Johnson and South Van Buren Streets between Court Street and the railroad tracks, and • Sites throughout the city that allow multi -unit development. Based on the analysis staff conducted there is limited development potential in the downtown due to the number of historic structures. There is also limited potential for October 5, 2018 Page 9 redevelopment along South Johnson and South Van Buren Streets since none of the sites in this area met the threshold needed to be identified as vacant or underutilized. Furthermore, the Mayor expressed interest in this area as a receiving site only if accompanied by an urban design plan. Staff could explore the development of an urban design plan for this area, but completing a plan by the January 2019 is not feasible. The most capacity exists on multi -unit zoned parcels city-wide. Riverfront Crossings also has capacity, if the area is rezoned to the Riverfront Crossings zoning designation. Some options include: a) Riverfront Crossings, and/or • Pros: i. Current receiving area ii. Master Plan and form -based code encourage higher densities/intensities • Cons: i. May not be able to accommodate the amount of transfer potential for a city-wide program b) Downtown, and/or • Pros: i. Core of the community with existing infrastructure ii. Commercial zoning allows for higher densities/intensities • Cons: i. Significant amount of historic buildings; and therefore, not able to accommodate much transfer potential c) South Johnson and South Van Buren Streets between Court Street and the railroad tracks, and/or • Pros: i. Transfers could provide an incentive for redevelopment ii. Zoned for higher density housing • Cons: i. May require the development of an urban design plan, which would take time ii. May not be able to accommodate much transfer potential d) Sites throughout the city that allow multi -unit development, and/or • Pros: i. Provides the most capacity for transfers • Cons: i. Could potentially be more impactful and cause concern from neighbors ii. Areas with sensitive require a sensitive a clustering. Transfers densities. e) Other sites or areas features (e.g. wetlands, slopes, woodlands) -eas development plan which often leads to to these areas could result in even higher Next Steps & Conclusion In terms of next steps, staff will prepare a presentation for the September 4, 2018 City Council work session. In addition to the tasks outlined in the timeline below, staff will need to conduct some public outreach with property owners and other stakeholders. Date Task June —August 2018 Research and analysis October 5, 2018 Page 10 September 4, 2018 Presentation to Council on research; recommendation from Council to proceed or not proceed on ordinance drafting September— October 2018 Ordinance drafting, if determined by Council October 11, 2018 Historic Preservation Commission Review & Discussion October 18, 2018 Planning & Zoning Commission Review & Discussion November 1, 2018 Planning & Zoning Commission Review & Recommendation November 20, 2018 City Council (1st reading of ordinance) December 4, 2019 City Council (2nd & possible 31 reading of ordinance) January 29, 2019 Expiration of 8-month deferral of the local landmark designation of 410-412 North Clinton Street Attachments: 1. Methodology for vacant and underutilized sites 2. Overview of other local jurisdictions' TDR programs ATTACHMENT 1. Methodology for Vacant & Underutilized Sites Analysis 1. Potential Receiving Areas: a. Riverfront Crossings' b. Downtown c. South Johnson & South Van Buren Streets between Court Street & the Railroad d. Land zoned for multi -unit development, including commercial zones that allow multi -family (city-wide) 2. Removed the following from the potential receiving areas: a. Land within the 100 & 500-year floodplain b. Local Historic Landmarks, Local Historic Districts, and Conservation Districts c. Historic properties within the downtown d. Publicly zoned parcels and other parcels that do not allow multi -unit development 3. Vacant & underutilized sites analysis: a. Used Assessor data to identify vacant sites b. Underutilized sites include the following: i. Improvement -to -land value ratio of less than 1.0, which indicates that the buildings on the site are less valuable than the land, and therefore, more likely to be redeveloped c. Staff also referred to the Riverfront Crossings Master Plan and the areas identified for potential redevelopment d. Additional sites were included based on staff's knowledge of potential future developments 4. Calculated development potential of vacant & underutilized sites: a. Commercially -zoned properties: Floor area ratio (FAR) i. FAR converted to square footage by multiplying the maximum height by the lot area b. Residentially -zoned properties: Density (dwelling units / acre) i. Density converted to maximum allowable dwelling units c. Applied 80% discount factor assuming that maximum allowable density/intensity will not be achieved 1 Staff assumed rezoning of all properties to Riverfront Crossings ATTACHMENT2. Overview of other Local Jurisdictions' TDR Programs Eligibility Mechanics City Sending Receiving Base Unit Calculation Method Administration Tracking Approval Steps Notes Istrument recorded in the office of the county Applicant proposes sending site/ Must be either residential sending "Must be zoned for multi -family 3 different clerk in which the property is located re applies for severance or direct transfer of dev rights - approved by areas, a parcel suitable for residential or mixed uses "development factors" Property owners submit applications for owners, persons with interest in property, council. City ("governing body") must Pop. 486,000 Sec. 16-28.023 of: , property greens paceor a p p y provided that residential may be transferred: Development potential of the site minus the designation as sending/ receiving sites/ prohibitions against future use of property, determine if receiving site is https://library.municode.com/ga/atlanta/c Atlanta, GA designated as a landmark component represents at least floor area ratio, total landmark's existing development approval of transfers. Approved by City, etc. If sites are within close proximity of one appropriate for dev and that the odes/code _of_ordinances?nodeld=PTI11 building/site or as a historical 50% of the project", must show open space, and recorded by Bureau of Planning another, a joint app can be submitted. transfer won't cause adverse COORANDECO_PT16Z0_CH28GESUR building or site by the Atlanta future use of the property meets useable open space Bureau of Planning has a system for environmental/ economic/social E_S16-28.023TRDERI Historic Preservation Ordinance reqs as outlined in the code monitoring severance, ownership, impacts, administers a specal permit assignment, and transfer of dev rights. if approved. Similarly, applicants must make "a statement outlining the Sites not automatically eligible; in availability of support services "bank" Pop. 86,000. Chapter 19.34 of the application for TDR the owner(s) and infrastructure necessary for (((# of DU/Gross Acre) allowed in sending Rolled into PUD/Development Agreement Doesn't appear to be a TDR entity. Same process they use for PUDs, following link: Chico, CA outline how their site fulfills the the dev" of the receiving site. Dwelling Unit zone)'(sending site's acreage)) - (existing and process The TDR is recorded within the specific Specific Plans, and Development co.ca.us/government/docu TDR conservation program Essentially the onus is on the proposed # of DU on sending site) PUD/Development Agreement Agreements ment/w itlel9 ments/Title19update.pdf outlined by the City applicants to do the legwork of determining eligibility, then city gets to pass judgment Eligible if: 1) the historic property is w/in an urban historic district; Property owner must submit a form 2) the historic property is a to the Planning Director indicating the contributing structure listed in the sending site, the receiving site and pop. 1.3 million National Register of Historic Places Difference between existing floor area of Planning director approves form for sending the amount of development rights to http://dallascityhall.com/departments/sus Dallas, TX if it is located in the West End Located in the Central Area, CA- Floor Area landmark building and the amt of floor area and receiving sites and amt to be Applicant files form with county deed be transferred; is checked for tainab o tpme /o20document Historic District; and 1(A) and CA-2(A) districts allowed by zoning of sending site; transfer transferred; county deed recorder records recorder compliance; when receiving site uildin /bevel s/pdf/building/DevelopmentProgramAppli 3) the historic property has been ratio is one-to-one form developer requests a buillding permit cation.pdf rehab'ed w/in the last 5 yrs and the for a project using dev rights, the total value of the rehab exceeds recorded transferring form is checked 50% of the property's pre -rehab and building permit is issued value "In order to be eligible for TDR, the resulting use of the 'to be regulated' Applicant submits site plan for property [sending site] must be in a proposed sending site indicating amt manner to advance goals, "Office floor area and residential units can be of dev that should be accomodated objectives, & policies of the Redevelopment areas and height interchanged at the rate of 2,000 square feet Applications submitted to City. Local Application is processed as a rezoning on that site; sending site is rezoned Pop. 67,000 Section 4.6.20 of: Comprehensive Plan through: overlay zones; if a redevelopment of office floor area being equal to one Planning Agency determines request, ordinance outlines the value of the (applies to rezone sending site to https://library.municode.com/fl/delray_be DelrayBeach, a Preservation of historic () area, the development proposed Residential Dwelling 9 residential dwelling unit. A conversion from 99 appropriateness of sendin and receiving 9 severed development rights. Certificate of Community Facilities, Open Space, Y p p ach/codes/land develo ment_re ulation _ p 9 FL structures &sites; (b) Obtaining for that site must comply with the Units or Floor Area office to residential, or from residential to sites and certifies it to the City Development Rights is issued, approved by or Conservation Zone; receiving site s_?nodeld=CH4ZORE_ART4.6SUDIRE_ land for public facilities; c p () redevelopment plan for that area office, may occur at an time u to the Y Y p Commission. Certificate approved b Cit pp Y Y City Attorney. may also need to be rezoned, if so, is Y S4.6.20TRDERI To date, no TDR Preservation of designated application of the Certificate to a receiver Attorney. processed concurrently); owner applications have been submitted. conservation areas; (d) Any time property" receives certificate which states value when a voluntary action would aide of transferred rights, which can be in fulfilling a policy/ objective of the sold/transferred to receiving site Comprehensive Plan." Any land with significant "determined as capable of TDR Certificates. Records both sending Pop. 75,000. Section 4.7 of following archaeological, historical, or accepting dev rights based on the Density (units per As much as the maximum possible density or and receiving sites simultaneously. Doesn't appear to be a TDR "bank" entity. Certificate applications reviewed by link: Largo, FL environmental significance, OR Comp Plan and the Development acre) or Intensity intensity of sending site Contains restrictions as provided in The certificate gets recorded with the County. Planning Commission https://www.largo.com/document_ center/ accordingto a redevelopment Ian p p Code" Amount limited b site's Y FAR (FAR) application or as determined b City pp Y Y Permits%20&%20Plannin /Plannin /CD 9 9 approved by Planning Commission municipal service capacity Commission. C/Adopted_2018_CDC.pdf Pop. 4.03 million Article 4.5: Redevelopment Agency must http://library.amlegal.com/nxt/gateway.dll consider whether an app for TFAR /Cal ifornia/lapz/m un icipalcodechapteripl Redevelopment Agency, City Planning meets all 6 conditions --if yes, they anningandzoningco/chapterigeneralprovi Floor Area Ratio, 3:1 Commission LA CityCouncil and Mayor Y approve app. City Planning sionsandzonin /article45transferoffloorar g Los Angeles, any parcels within the Central any parcels within the Central or 6:1 depending Based on floor area ratio -- 3:1 or 6:1 must all individually consider whether an Commission, City Council, & earights- CA Business District Redevelopment Business District Redevelopment the subarea in which is depending on the subarea in which the site is application for TFAR (Transfer of Floor Filed with City Clerk. at Mayor all repeat this process. centr?f=templates$fn=default.htm$3.0$vi Project Area Project Area the site is located located Area Rights) meets all conditions. Director issues a report to Cprova d=am legal: lapz_ca$anc=JD_C1A4.5 "Developers Commission offically approves transfer recommending approval/ approval w w are required to pay a Public following public hearing. conditions/ disapproval of req for Benefit Payment on transfers in order to Transfer. fund public open space, affordable housing, cultural/public facilities, historic preservation and public transportation improvements." "Receiving parcels must meet all three of the following criteria: 1) ID-ed as Traditional "calculated on basis of baseline density of the Historical sending sites must be Neighborhood Residential or Mixed -Use Residential/ sendingparcel, less an existing dwelling p Y 9 9 Planning department approves TDRs from Land Bank can buy either TDRs or property Y p p Y Owner of qualifying sending site must q Y 9 9 any landmark listed in the Commercial on Future Land Use units. For parcels w/in residential zoning sending sites, administers certificates. Land in fee simple; may determine TDR value submit a preliminary app, followed by Pop. 4,000 Article III: Greenprint and registered as a Map; districts, the baseline density shall be the Bank Board has influence in determining using negotiation, a competitive bid process, a certification app, to the planning https://Iibrary.municode.com/ga/madison Madison, GA Landmark by the Madison Historic 2) W/n the "higher density" Density gross acreage of the parcel divided by the min TDR. value, holds TDRs until purchase by a or any other method deemed fair and dept. Receiving site owner must /codes/code_ of_ ordinances?nodeld=PTI1 Preservation Commission. (other portions of the W. Washington lot area of the zoning district. For non- receiving site owner. Mayor and city council equtiable by the Bank Board. Applications for apply; dept schedules application for COOR_CH54PLDE_ARTIIITRDERI_S54- non -historical sending sites apply Gateway; and residential zoning districts, baseline density must review receiving site at public both receiving and sending sites are recorded mayor and council review at public 54TRDERIPR to the TDR program as well) 3) W/in 2000 ft of a neighborhood shall be calculated at four units per acre. The meeting. with the County Court Clerk. TDR Certificates meeting. Upon approval, planning center, w/in 1500 ft of a area of a parcel with fractional acreage will be are recorded in the TDR Register. dept. records the transfer. neighborhood park and w/in 1500 rounded down to the nearest 1/4 acre" ft of an arterial street or state hi hwa ." Administrative -level review of TDR Pop. 415,000. Specifically designed for Lots with locally designated or Doesn't really have an explicit (Maximum GFA permitted by sending site's Application for TDR submitted, if approved applications by Planning Director. Historic Pres. Can transfer to up to four eligible historic structures within criteria, other than it's a site zone) - (GFA of existing development on it's recorded with the County in the form of "conservation "bank" Decision is final, can appeal denials different receiving sites from one sending Minneapolis, specific districts, as determined by within specified downtown GFA sending site) however, receiving site is capped a easement or similar Doesn't appear to be a TDR entity. through P&Z commish. Building site. Link: MN the City's Heritage Preservation districts and the Planning to 30% above its zone's maximum allowable restriction acceptable to the city," specifying p Y The certificate gets recorded with the Count 9 Y permit not ranted for receiving site p 9 9 htt s://Iibrar .municode.com/mn/minnea p Y Commission. Director approves of the transfer GFA amount of floor area transferred and until sending site's historic structure polis/codes/code_ of_ ordinances?nodeld involved parcels. has been rehabbed and approved by =MICOOR_TIT20Z000_CH549DOD1_A HPC RTIIITRDERI 549.270DE Owners of sending sites and owner of sending site records an easement receiving sites must apply for transfer Parcels within two designated that permanently precludes additional Conveyances of sending site's rights is put in of development rights with the historic zoning districts or Historic ordinance identifies five specific maximum floor area allowed by the base development on the site; developers may writing in an instrument that is then signed by planning dept. is in Planning dept. Pop. 690,000 Nashville, TN Landmark Districts (all designated areas within the downtown as Floor Area zoning minus the floor area of the landmark purchase or be donated dev rights (if owned by the City or State or a non-profit owner, submitted to planning dept with charge of approval. TDRs are allocated to receiving property only https://www.nashville.gov/mc/ordinances in 2007 with the Downtown receiving sites building preservation org, rights can only be approval, then recorded in the office of the once the rights are noticed in writing /term_2003_2007/b12007_1369.htm Community Plan Update) donated); Planning dept receives app and register of deeds. in an instrument signed by owner of approves it. receiving site that is submitted to the tannin dept. "places, buildings or structures in properties in CBD-1, CBD-2 or any Central Business District CBD-2B districts; properties in owners of both the sending and (CBD) zone that are either CBD-9 zone can receive dev Applications are approved or denied by the to finalize transfer, applicants must file with receiving sites must submit an Pop. 391,000 Section 16.8 of former designated as historic landmarks rights transferred from the CBD-8 difference between the maximum floor area Planning Commission following a public the City both an instrument of transfer and a application to restrict development code -- is no longer in effect. New Orleans, or recognized as having special zone; projects which incorporate Floor Area allowed by the zoning code, without bonus hearing; if approved, recommendation for notice of restrictions on the sending site with rights on the sending site and https://www.nola.gov/city- LA historic, community or aesthetic ° TDRs may exceed by 10 /o the density increases, and the actual floor area of approval is forwarded to the City Council; the deeds of both the sending and receiving increase density on the receiving site; planning/czo/former-comprehensive- value"; they cannot be owned by by -right density, in addition to the existing building to be preserved Council may approve, modify, or deny. sites goes through public hearings for zoning-ordinance/former-new-orleans,-la- the City, State, or Federal bonus density increases, allowed Planning Comission and City Council zoning-thru-June-20,-2014/ Government on the receiving site by baseline zoning Located in certain districts. Not a historic site. Located >= 150 ft Application for "major ARB review of Pop. 67,000. City Code states: "The city from residentially zoned property For Historic Rehab Buildings: "allowed to Functions under their Floor Area Bonus the project proposed for the receiver does not guarantee that at all times in They designate certain buildings (Historic Category 1 or 2). TDR (except in MU zones or OPDs). Other stipulations regarding sites increase its floor area by 2,500 square feet or process. Site owner of approved historic "recorded document, signed by the transferor site" filed, including historic rehab plan, specific amount of dev rights the future there will be sufficient elgibile granted only upon approved within their "downtown parking 25% of exisiting building, whichever is greater, pres F.A.B. must enter into an "unsubordinated and transferee... in a form designed to run planned to be transferredand , receiver sites to receive such TDRs." Palo Alto, CA applications with specific assessment district." Limits on Floor Area without having this increase count toward the protective covenant with the land and satisfactory to the city identification of sender & receiver Chapter 18.18 at following link: rehabilitation plans for those FAR within certain subdistricts as FAR." Certain subdistricts have more running with the land in favor of the city" attorney... identify identifying] the sender site and Rehab plan reviewed by HPC . sites . http://library.amlegal.com/nxt/gateway.dll buildings. well. Total additional floor area restrictive FAR limits. Also stipulates that, "This assuring the property will be rehabbed the amount of floor area transferred." Upon completion, Planning Director /Cal ifornia/paloalto_ca/paloaltom unici pal capped at a max of 10,000 sf, bonus area must be fully parked." according to applicable standards. issues written determination of code?f=templates$fn=default.htm$3.0$vi unless more restrictive FAR caps sending site's bonus eligibility. d=am legal: paloaIto _ca for that subdistrict exist. Three sending areas (Sending Treasure Hill, Sending Old Town, Sending site property owners can and Sending Historic District); Planning Director determines the number of "Each time credits are transferred from a request a Development Credit pop. 8,300 Ch. 15-2.24 of: designed to preserve open space, All properties within the TDR- Allocation ratios vary depending on sending development credits allowed to a sending sending site, a conservation easement or determination letter from the Park https://parkcity.municipalcodeonline.com Park City, UT environmental areas/ sensitive Receiving overlay zone are Density area. 1 TDC = 1,000 sq ft of bonus site. Sale/ transfer of credits is conducted deed restriction is recorded." A Development City Planning director. Those credits /book?type=ordinances#name=15- lands, structures of aesthetic/ eligible to receive Transfer commercial floor area or 2,000 sq ft of bonus between transferer and transferee or their Credit Certificate must be recorded in the may only be sold/ conveyed/ 2.24 Transfer_Of_Development_Rights_ 2.24—T ansfery_Zone architectural/ historical Development Credits. residential floor area. legal representatives, to be recorded by county's property records when credits are tranferred by the owner to the significance. All vacant lots in the Planning Director or designee. transferred/sold. transferee and then must be reissued Park City Historic Sites Inventory in the transferee's name. are elli ible. Residential density can be converted to non- residential floor area and vice versa. Pop. "Intended to propote enhancement Conversion Formula. One dwelling unit shall of the.. City's symbolic western gateway be equivalent to 850 square feet of non- Owner of sending site records a written and to facilitate preservation of historic residential development and 850 square feet With proper written consent of sending and covenant documenting the transfer, approved "Department Transfer can be approved by the structures and beloved open spaces" Pasadena, CA Can be anywhere within the West Can be anywhere within the West Density of nonresidential development shall be receiving site owners, any property owner by City Attorney. maintains Zoning Administrator as long as the Chapter 17.36.060.B : Gateway Specific Plan area. Gateway Specific Plan area. equivalent to one dwelling unit. within the area may transfer. records of all transfers and the current receiving site project meets https://Iibrary.municode.com/ca/pasaden Any development rights transferred from a density allocations, if any, of all the regulations. a/codes/code_ of_ ordinances?nodeld=Tl donor site shall be deducted from the properties within the specific plan area." T17_ZONING _ CODE _ART3SPPLST_C additional density otherwise allowed on the H17.36WEGASPPL_17.36.060WGGED parcel by this Section. EST 1:1 transfer ratio: "the amount of development Pop. 306,000. Program has only been "has available for transfer is the difference between Must be a "plan and program for used about 3 times; it not been of Located in C5 & C6 districts, can the existing amount of development on the rehabilitation... and maintenance" of the great interest to potential developers... Lots containing City -designated be commercial or residential. sending site and the maximum amount of structure for at least 40 years beyond the Must be approved by the City's because the pace of commercial historic structures (which can be Commerical: floor area rights development which would be allowed on that The City's Historic Review Commission transfer. Must also be a legal document Historic Review Commission. Prior to "there development has not generated enough designated as such without the from sending sites in one district sending site under the zoning code". If sending approves the transfer. City Solicitor signed by involved parties and approved approval, shall exist a plan and demand to justify the acquisition of Pittsburgh, PA 9 consent of the property owner or p p Y ) can only be transferred to zoning Y 9 Floor Area & receiving sites are adjacent, max amt of approves a legal document signed b the pp 9 9 Y the City Solicitor. "The department, bureau, u, program for rehabilitation for additional development capacity and p p YI 1 not -for -profit performing arts lots in the same district. development allowed on the receiving can be parties concerned, which is filed with the and all other affected City departments shall continuing maintenance of the base zoning allows millions of sq ft of facilities in two specific districts, Residential: rights can be 2x the allowed by the zoning code. If not application for occupancy permit. note appropriate records the reduction in Historic Structure or Performing Arts future development without the need for labeled C5 and C6. transferred from an other zoning Y g nt, adjacent, development can only be increased development rights on the sending lot and to Facilityfor not less than 40 ears." ��� Y discretionary approvals. Consequently, Y pp q Y' lot in C5 & C6 districts. by o more than density allowed by base the increase ... on the receiving lot" Pittsburgh developers have little motivation to use the TDR ordinance." in . zoning. (SmartPreservation) "Buildings listed in the National Downcity Design Review Committee (DRC), "encourage , 'fee owners of sending &receiving lots Register of Historic Places for Structures within the Downcity "shall Difference between height of landmark and created to development execute an agreement to be recorded with Pop. 180,000 Chap. 27, Article 6.03, which the applicant donates a District; be restored and max height allowed to sending site under compatible with historical character while the title to both lots... for a term that equals Application must be approved by the Section G of following link: Providence, RI preservation restriction whose maintained as required by the Building height current zoning; height of receiving site cannot creating a 24-hr ped-friendly downtown that , or exceeds the life of the project of the Downcity Design Review Committee https://library.municode.com/ri/providenc purpose is the preservation of the downtown design review exceed 1.6x the max height or 300 ft, promotes art, entertainment and housing", receiving lot" any changes to plan must be at a public hearing. a/codes/code of_ordinances?nodeld=PT exterior of the building" committee" whichever is less. reviews all proposed improvements within approved through a new application IICOOR CH27Z0 ART6DODI 603DEIN — — — the district, including TDR. Civic San Diego TDR Program (a nonprofit org owned by the City) "To qualify, must contain designated historical resources and Transfer is approved by Civic San Diego sending site owners must enter into a Pop. 1.41 million Has not been used be located on same block as determined by amt of development allowed by President; Civic San Diego is a non-profit documented by recorded certificates of Preservation, Restoration, and since 2014 San Diego, CA receiving site or be the object of a Must be on the same block as the Floor Area the sending site's max base FAR; may also be org owned by the City of San Diego tasked transfer; "City can acquire, bank, and hold Maintenance Agreement that http://does.sandiego.gov/municode/Muni study, approved by the Civic San sending site. determined on a case -by -case basis based on with promoting economic development in transferred floor area prior to transfer to a commits them to rehab the strucutre CodeChapterl5/Chl5Art06Division03.pd Diego President, verifying that a needed rehab and preservation costs neighborhoods throughout the city, receiving site" & reconstruct it if destroyed; CSD f transfer of floor area is needed to including the downtown President approves transfer rinance rehab and preservation of landmark." Golden Hill TDR Program must Pop. 1.41 million TDR provisions be within Golden Hill Planned removed from ordinance in Golden Hill District; three types of eligible "a Planned District in 1989 - problems: historical properties: property density allowed by code usually wasn't designated as a historical site by transfer difference between the floor area of much greater than the density the the Historical Site Board; a the landmark and the floor area that would be a purchaser of development rights had to historic structures from which rights were contributing structure within the properties located within 5 Floor Area permitted under the density limits of the transfers registered with Planning Dept register all transfers with the City Planning City Planning Dept has to approve transferred; owners of potential receiving Historic District; or a structure subareas of the district zoning code; transferred rights allowed a Department transfers sites had little incentive to buy additional designated historically/architec- project to exceed the base density allowed by density because they could achieve the turally significant in a survey code by 25% density they wanted under the limits approved by the Historic Site imposed by the code; surrounding Board" property owner also must neighborhoods were resistent to grand a facade easement to the additional development City landmark building: the greater of the following Application to establish TDR credits "Designated landmarks or 10x the floor area of the landmark or the dill approved by the POD, property must landmark sites other than between the gross flor area of the structure be historically designated before Pop. 261,000 16.70.040.1.17 of contributing structures in a historic and the max floor area allowed by zoning landmark site: transferable floor area is 5x the Planning Dept (POD) approves A registry of TDR credit certificates is kept by credits are issued, certificate of TDR following link: St. Petersburg, district and any gov't owned properties in the downtown center landmark site's size after deducting any lot establishment and transfer of TDR credits. the Planning Dept. At time of transfer, owner credits is administered upon approval https://library.municode.com/fl/st._peters FL property" exterior must be and corridor commercial Floor Area area occupied a landmark building City Attorney approves owner's declaration records a declaration of covenants and by POD, owner of credits who wants burg/codes/code of_ordinances?nodeld preserved and rehabilitated in suburban districts "for each ft f development credit of covenants and restrictions restrictions which is then approved by the to use them to transfer =PTIISTPECO_CH16LADERE_S16.70A accordance with the Sec of the transferred, 0 must be given the d, City Attorney. density/intensity must apply; owner of PPR_16.70.040PLZODE_16.70.040.1.17 Interior's Standards for historic preservation grant program, minus erva a anus receiving site must have the approval TRDERIHI Preservation and Rehabilitation any funds spent on required restoration or of a site plan before credits are rehab work" transferred Designated historic landmark in two Conservation Areas, created Owner of the historic property must record a with the adoption of a Historic Any other site in the same zoning covenant with the City Council that the Pop. 175,000 Section 20.510.050: Preservation Overlay District district, as long as it will not Floor area allowable on the sending site minus City Council makes record of covenant with historic property will be maintained in its Covenant must be approved by City https://www.cityofvancouver.us/sites/def Vancouver, WA ordinance; any structure in the create a hazard to low -flying Floor Area the actual floor area of the sending site. owner of the historic property/ sending site. historic condition. Unclear if the covenant Council. ault/files/fileattachments/vmc/titles_chap Overlay District that is listed in the aircraft. addresses the transferor simply the ters/20.510.pdf Very little specific State or National Registers of preservation of the structure. information is given. Historic Places or designated on a local register is eligible. Owners must petition to qualify "TDR allocation varies depending on sending their land as sending sites through site zoning: for each net acre of sending site Pop. 24,000 Program aims to conditional use permit process, land, owners can receive 0.65 DUs in the RA If not in the RA district, the Board of preserve environmental space and unless the site is within the zone, 1.1 in the R-1, 1 DU in the R-1-C, 2 DUs Supervisors must approve the historically significant sites. Residential -Agricultural zone, in Sites in zones that permit higher- in the R-2 or R2-1 and 1.9 DUs in the R-3. In Planning Commission and Township Board Mention of where TDRs are recorded does transfer, considering the https://www.ecode360.com/13867984?hi Warrington, PA which case it would automatically "Site density residential, office, and Land Area addition to this base allocation, sending sites of Supervisors, who approve the transfers, not appear in the code. recommendations of the Planning ghlight=develop,developed,developer,de qualify. can only be approved industrial uses o can receiving incentive bonuses of 15 /o in the are advised by the TDR Review Board. Department or Planning ion velopers,development,development if it meets four criteria including RA or 10% in other districts and additional r and the TDR Review Boards. developed, development consitency with the Comprehensive bonuses for sites with historic or natural right,development Plan and promotion of public resource significance. RA sites must be at rights,developments, develops, right, rights welfare." least five acres to qualify." Pop. 37,000 "Owner of designated cultural resource must comply w restoration requirements est. by the Cultural Hertiage Advisory Board to receive full funds from a sale of dev City allows developers to purchase an option Rights can be purchased by anyone; rights. If sending site needs rehab, "properties any properties zoned for Difference between the max permitted City's Cultural Hertiage Advisory Board on TDRs, which must be recorded prior to do not have to be earmarked fora owner initially receives only 25 /o of TDR containing City- medium/high-density commercial development and the existing number of approves a rehabilitation plan if needed on adoption of receiving site project (arranged particular receiving site. Cultural o sale proceeds... remaining 75 /o is placed West designated cultural resources use which are not cultural Density dwelling units; for nonresidential cultural a sending site; rehab must be completed this way because City was concerned that Heritage Advisory Board approves in an escrow account for use in the Hollywood, CA which have less density than the resources; cannot be transferred resources, it is the difference between the max before transfer. Council has established developers would be reluctant to use the rehab plan if necessary. Council has rehabn of the sending site." According to max allowed by the zoning code" into residential zones code -permitted floor area and the actual floor criteria upon which transfers shall be program if they had to buy rights before criteria that it follows when approving Smart Preservation, no transfers have area of the designated building conditioned. transfer was approved). a transfer. occurred yet." 19.58.150.F of http://gcode.us/codes/westhollywood/vie w. php?topic=19-19_4- 19_58&showAll=1 &frames=off Could not find a copy of the specific criteria that appear in the Transfer of Development Rights Program. Historic properties, landmarks (local or national register status), Clematis St. conservation district, TDR registry maintained by city that records planning director est. eligibility of urban open space, all as depicted total amt of DRs available on a site, and the sending site, letter (w estimate of in the City's code. Historic sites & "must date & amount of any transfer that occurs; DRs available for transfer from Pop. 108,000 Sec. 94-132 landmarks must have completed comply with the TDR map transferable floor area is determined by city -approved restrictive covenant is executed sending) of availablilty may be issued of: West Palm renovation acc. to code and must showing where TDR can be used multiplying lot area by allowable number of Planning director establishes eligibility, and recorded in public records (TDR planning dept upon request; all st_pal https://Iibrary.municode.com/fl/west_pal https:ach/ary.munide Beach, FL be issued a certificate of "As to reach an eight-, ten- and 20- Floor area floors (and deducting the floor area of the DAC approves transfer restrictive covenant), which describes the transfers are subject to approval of transfers m_beach/codes/code_of_ordinances?no of occupancy. an added incentive story maximum," as depicted in existing strucutre in the case of a historic adjusted DRs of sending and receiving sites; the Downtown Action Committee deld=PTIICOOR_CH94ZOLADERE_AR for historic landmark designation, the City zoning code landmark sending site) "bank entity": TDRs may be acquired from a (DAC), after which a certificate of TIVDOMAPLURRE_S94-132TRDERIPR sites with historic landmark status sending site and held for an undetermined transfer is issued (recorded in TDR are eligible for additional city- amt of time until a suitable receiving site is registry) owned TDRs in an amount found equivalent to the site's existing development capacity" City of Iowa City City Council Work Session September 4, 2018 September 4 — Council Work Session Goals Direction from Council on the following: • Eligible sending sites • Transfer formula • Priority of preserving historic resources compared to other public benefits • Review and approval process for transfers • Eligible receiving sites Background May 29: • Council considered local landmark designation of 410-412 N. Clinton Street • Deferred to January 2019 and directed staff to explore the creation of a city-wide MR program August 7: • Council discussed initial memo on MR at work session September 4: • DireclJon from City Council on key Policy questions Staff Goals of a City-wide TDR Program Fair Legally -sound Easy to administer Simple for developers and members ofthe public to understand Effective program that preserves historic resources Consistent with comprehensive plan Transfer of Development Rights Incentivize protection ofhistoric resources Property owners can sell/ transfer development rights from historic resource (sending site) Development rights applied to another site where development can occurat a higherdensity (receiving site) TDR Example —Tate Arms, 916 S. Dubuque St. Sending Site: Tate Arms, 914 S. Dubuque St. 7� F , and Cev. udibb: Cev.Rigb6RG inud:3?sKs W-X. Receiving Site: 912 S. Dubuque St. vAw seX. I y�} i {'• . -A4 Cev. RighD Tm,g,rmd: ] 4m,q. k. TDR Example —Tate Arms, 916 S. Dubuque St. Site: Tate Arms, 914 S. Dubuque St. RFO Transfer Formula • No. of Stories allowed on sending site (4) Area of sending site (8,]00 sq. X.) Development Rights Available for Transfer (M,800 sq. X.) Summary of Existing Local Historic Landmarks Research & Analysis Sending Sites Only analyzed existing local and national landmarks Seveml other buildings eligible for local landmark designation HPC proactively identifying sites to locally landmark Used the RFC Transfer Formula: No. of stones X Area ofsendo i sire DevelopPotentialmeatT sfer Research & Analysis Receiving Sites nvuy��ieuulrys Identified vacant and underutilized sites Removed sites within floodplains, sites with historic buildings, publicly zoned land A.,L� - un�wwi:w p.,trwa m. Mu1tl4N1Ye peleppwct Research & Analysis Other Local Jurisdictions' Program Transfer Formulas: • Consider «icing development on sending site • Typical formula =Max agowuble density/intensity on sending site less rxrsting density/intensity on sending site • Incorporate a receiving site bonus above that allows development beyond planArming • In comps risen, the RFC transfer does not consider ei4ing development Research & Analysis Summary of Sending & Receiving Sites Analysis Significant amount of tmn sfer potential — will increase as more properties are locally Ian d marked Depending on receiving sites identified it may be difficult to accommodate transfer potential Research & Analysis Other Locallurisdictions' Program Approval Process for Transfers: • Many cities require some type ofanon -administrative review • Some cities approve transfers administratively Research & Analysis Other Locallurisdictioos' Program Administration & Tracking: • Variety of methods: -oueument thmugnavuoorSWcloMas@r Nan - Executed tnmugh a de.elogmentagmement Pewrd W won the founry as a conservation easement -tegaldoeamenssgmdev Pmgertyowners&clty rummy Tracking - City solid mandi re nows and databases of Possible recervtrg sites, eligible sites, cagaety oftbese sties Issues/Constraints Market Potential: • No marketswdy Lack of Certainty in the Process: • Nonadministrativereview of transfer (e.g. P&Z, City Council, etc.) provides less certainty • Administrative review of transfer (i.e. staff -level) provides more certainty Other Bonus Mechanisms: • City currently offers bonuses for other public benefits • Uncertain how a city-wide MR Policy would compare to other bonuses Research & Analysis Other Lowllurisdoctions' Program —Approval Process • Receiving Areas: • Several programs focus receiving sites in the core of the community/droarintown • Explicitly state that historic resources are not eligible as receiving sites • Place burden on the applicant to demonstrate the appropriateness of Protests l receiving site • Commercial zones only— no transfers allows to residential zones Policy Questions for City Council 1. Should eligible sending sites include e orsting low/ historic landmarks or only laturelocalhisblri[ landmarks? option a. Eligible sensingdoes ind We coscons, & future local historic landmarks. option b. Eligible sending does only includi form local bearfor androarks. Policy Questions for City Council Option a. Keep the exfd pg RFC [onsler for. Ih 2. Should a city-wide Cana TDR ordinance apply the existing transfer ralculatian formula that is outlined in RFCoronew fomlula? Option b. Ettablish a newtansfer form uld that -hers etlamg aecebp ment. Policy Questions for City Council Opmna.KreptM—en, imerfront Crosshgs 4. What type of anaappmval pmwaure bvtM cuv council. process should he established for the review and approval of sending and optionb.Fnamahanevwnroceadretl.atall— receivingtransfer of ransfcrupmaccrumlevelmbeapprovN development rights., aaministrom'eN.Anv ta would mprnsfersbevonlanmentlrea threshold uld be improved by City council. Policy Questions for City Council Option a. Model a tlry-wide TAR program on 3. The City already the current bonus previsions. gives bonuses for certain public benefitsprovided with development protects. Should Option lb. Almwtransfer for nutnre properties preservation of W empered! the Cut's current bond. pmvhioa historic resources be (es. offer more beChc more aersrtyPntem W7 treated in a similar mannerorgiven higher priority? Policy Questions for City Council S. Whotareasshouldo dty-wide TDR ordinance identify as receiving sites? Core done arorodnm slgmhmnt nonor of Maori[ Currwrmnmg all— a o�m eabl.ro or nlg�a< mrararore<pdamlal fhe ork mmanahaa 10/12/2018 a. Purang& future Lars l Lannrtahs 1. EfgNlegaversSleYl Fair&Conslstri/Say not have adequate recelving site capacity L Dnb Mure Loaf Landneks . May be aster to assommods•e transfers l Inconsistent with mrred procem a REC tarsier for —la More generous& consistency In adminiZraion; easier to understand 2 Laborer Impli . May not have adequate receiving site apagty b New tougher to —a . M so he easier to accommodate transfers/Mare complex& dthwlt to Mrmister 3 aonuses&Pnmty I premrvbg a Current Lanus aovlalons M sto he resourcx conies to other Smpler&easier/ May cil Is ettedlveness or IXererving historic resources LExce bonus Wdlc benelA S/ ed current proosions More otan lncentue/ Community concerns& unMwm lmpads a ExiangRPoIXocossoe. apprmalby Qty Comers) traPomv3 Poce¢(or Simpler&consivent/ Lad otcohalM In approvals pper, transr er5l LNewproc Streamlinethe review& allow Coundl rmlarvtorlagertanstns No conslstentwith current RFC process a RFC b omntmn anan Eligible recemagaltesi c So In Johnson van Mren sea anNor d Mwtrunit alters thougMu the cry moor a amanitas JmeAugust 2m. Report. ark! m3y95 SeptalbrreS Presentatlonto Coundlonreseach; reconnmdation RomPerntlto proceedor not prosedon ndnan® dafling September—OdcLn2Dt8 Ordnmredafling; Itdoerminedle Council Odobe'11, 2OmI HI9nIC PremrvSlm Commission Review&O6cumlm October la, 2fla Planning&zoning Comrtsspn Revele&Olxussm November.Culp Sty Council le reading d embargo) Ceamberq born Cry Council Se"&goal reading of commit Jmmanaslurs Emlation marker deterralortnelom lananaandesimsm d41oa12 Noun Croton Street DRAFT Planning & Zoning Commission October 18, 2018 Citywide Transfer of Development Rights Ordinance Amend 14-2A-7, Special Provisions, by adding the following subsection: E. Transfer of Development Rights 1. Purpose: The transfer of development rights and corresponding height and density bonuses provide an incentive for the preservation and adaptive reuse of historic properties. 2. Sending Sites Requirements: a. The sending site must have a base zoning designation of "Single -Family Residential" per 14-2A, "Multi -Family Residential" per 14-213, or "Commercial" per 14-2C, of this title. b. Sending sites must be designated as either an Iowa City historic landmark or listed as a contributing structure in an Iowa City historic district in accordance with 14-3B-1, "Historic District Overlay Zone", of this title, after January 1, 2018. c. All historic buildings and structures on the sending site must be preserved against decay, deterioration, and kept free from structural defects by the owner or such person, persons, or entities who may have custody or control thereof, according to the provisions of section 14-3B-7, "Prevention Of Demolition By Neglect', of this title. 4. Eligible Receiving Sites: 1. A site is eligible to be a receiving site if it is: a. Located within a Riverfront Crossing zone district and the sending site is located outside of the Riverfront Crossings district as identified in 14-2G-2 "Regulating Plan" of this title; or b. Located within a zone district that allows multi -family dwellings either as a permitted or provisional use according to Table 2B-1 "Principal Uses Allowed in Multi -Family Residential Zones" and Table 2C-1 "Principal Uses Allowed in Commercial Zones", of this title. Properties designated as Iowa City historic landmarks, located within Iowa City historic districts, and listed in the National Register of Historic Places are not eligible as receiving sites. 5. Transfer of Development Rights: a. Transfer requests shall either be for a height bonus or a density bonus using the following formulas: (1) Difference between the maximum allowable height of the sending site and the existing height of the historic structure. In no case shall the transfer be less than 12 DRAFT Planning & Zoning Commission October 18, 2018 feet even if the difference between the maximum allowable height and the existing height is less than 12 feet; or (2) Difference between the maximum number of dwelling units allowed on the sending site based on the underlying zoning designation at the time of the Historic District Overlay (OHD) zoning designation and the existing number of dwelling units on the sending site. b. Transfers requests may exceed either the height or density on the receiving site with the following limitations: (1) No height bonus transfer request to a receiving site located outside of the Riverfront Crossings district shall exceed 40 feet above the maximum height allowed on the receiving site. (2) No height bonus transfer request to a receiving site located in the Riverfront Crossings district shall exceed the height bonus maximums outlined in 14-2G-7G-1 d of this title. (3) No height bonus transfer request to a receiving site located adjacent to an existing single-family home shall exceed two stories above the height of the existing single- family home. 6. Transfer of Development Rights Review Process: a. Requests for transfer of development rights shall be subject to the Level II design review process according to 14-8B-3, of this title. b. In addition to the requirements outlined in 14-8B-3 of this title, applicants requesting a transfer of development rights must provide the following information: a. The proposed sending site and the amount of transfer potential, b. The proposed receiving site, c. The amount of height bonus or density bonus requested, d. A concept plan and elevations of the proposed project to utilize the transfer on the receiving site, and e. Any other information required per the application form. 7. Transfer of Development Rights Tracking: a. The Neighborhood and Development Services Department staff shall maintain a list of transfers requested and approved. This list shall include the transfer potential of the sending site, the amount transferred and to which receiving site, and the transfer amount that remains on the sending site. b. If a private entity conveys transfer rights to another private entity, the City shall be notified of the sale. Amend 14-213-8, Special Provisions, by adding the following subsection: D. Transfer of Development Rights 1. Transfer of development rights shall be subject to the provisions outlined in 14-2A-7E. DRAFT Planning & Zoning Commission October 18, 2018 Amend 14-2C-11, Special Provisions, by adding the following subsection: C. Transfer of Development Rights 1. Transfer of development rights shall be subject to the provisions outlined in 14-2A-7E. Amend 14-3C-2A, Applicability, adding a new paragraph 12, as follows: 12. Transfer of development rights: Transfer of development rights requested according to 14- 2G-7G "Building Height Bonus Provisions", of this title or according to 14-2A-7, 14-2B-8, 14- 2C11 "Special Provisions", of this title. Amend 14-3C-3A, Levels of Design Review, paragraph 2, as follows: 2. Level II Review: a. A level II review will be conducted for the following designated areas, properties, and structures: (1) Urban renewal project, Iowa R-14, except for minor exterior alterations, such as signage, window placement, and color, that do not substantially change the building concept of the council approved plan. Such minor alterations will be subject to level I review. (2) Certain public -private partnership agreements; level of review is pursuant to the specific development agreement. (Ord. 05-4186, 12-15-2005) (3) Structures designed with certain building height bonuses allowed pursuant to subsection 14-2G-7G of this title. (Ord. 14-4586, 6-3-2014) (4) Transfer of development rights requested according to 14-2G-7G 'Building Height Bonus Provisions", of this title or according to 14-2A-7, 14-2B-8, 14-2C-11 "Special Provisions', of this title. b. Applications for level II review will be reviewed by the staff design review committee with their recommendation forwarded to the city council for approval, modification, or disapproval according to the procedures for design review contained in chapter 8, article B, "Administrative Approval Procedures', of this title. DRAFT Planning & Zoning Commission October 18, 2018 Amend 14-3C-313, Approval Criteria, by adding paragraph 10, as follows: 10. Transfer of development rights: Design review subject to the design guidelines listed in subsection C of this section. Amend 14-2G-7G-3, Historic Preservation Height Transfers, by amending the subsection as follows: 3. Historic Preservation Height Transfers: The following transfer of development rights and corresponding height bonus provides an incentive forthe preservation and adaptive reuse of historic properties: a. Eligibility. The historic preservation height transfer is an option for sites that meet the following criterion: (1) The site from which the height transfer is requested (sending site) is designated as an Iowa City landmark, listed as a contributing structure in an Iowa City historic district, eligible for landmark designation, registered on the national register of historic places, or listed as a historically significant building as determined by the survey and evaluation of the historic and architectural resources forthe vicinity. b. Requirements: (1) If the sending site has not already been designated as an Iowa City landmark or Iowa City historic district, the applicant must apply for and obtain approval of this designation as a condition of the transfer of development rights, and (2) All historic buildings and structures on the sending site must be preserved against decay, deterioration, and kept free from structural defects by the owner or such person, persons, or entities who may have custody or control thereof, according to the provisions of section 14-3B-7, Prevention Of Demolition By Neglect, of this title. c. Transfer Of Development Rights: (1) The floor area that results from multiplying the number of stories allowed at the sending site as specified in the applicable subdistrict standards by the acreage of the sending site may be transferred to one or more eligible site(s) within the riverfront crossings district. For example, if the land being preserved as a historic landmark is located in the central crossings subdistrict and is twenty thousand (20,000) square feet in size, then eighty thousand (80,000) square feet of floorarea (20,000 x 4) may be transferred to one or more eligible sites and the resulting building or buildings on the DRAFT Planning & Zoning Commission October 18, 2018 receiving sites may exceed the height limit of the respective subdistrict, within the limits established in this section. (2) The resulting building or buildings on the receiving site(s) may not exceed the maximums stated within subsection G1d of this section. MINUTES PRELIMINARY HISTORIC PRESERVATION COMMISSION EMMA HARVAT HALL OCTOBER 11, 2018 MEMBERS PRESENT: Zach Builta, Kevin Boyd, Sharon DeGraw, G. T. Karr, Cecile Kuenzli, Quentin Pitzen, Lee Shope MEMBERS ABSENT: Thomas Agran, Helen Burford, Gosia Clore STAFF PRESENT: Jessica Bristow, Anne Russett, Judy Jones OTHERS PRESENT: Steve Miller RECOMMENDATIONS TO COUNCIL: (become effective only after separate Council action) CALL TO ORDER: Chairperson Boyd called the meeting to order at 5:30 p.m. PUBLIC DISCUSSION OF ANYTHING NOT ON THE AGENDA: Bristow introduced new minute taker, Judy Jones, and the City's new Senior Planner, Anne Russett. CERTIFICATE OF APPROPRIATENESS — CONSENT AGENDA: 802 South Summit Street. Bristow explained the property is on the corner of Sheridan and Summit. She displayed the Sheridan side elevation. She said it is a Queen Anne cottage that was originally a hipped roof with projecting gables on at least three sides and another one added to the south. She displayed an historic photo that was used to recreate the porch for a past project. Bristow said the current project is to remove the exiting single -car garage, which was added sometime before 1933, and replace it with a two -car garage. She displayed a picture inside the garage showing the door to the kitchen. This door and the stairs need to remain so there is access to grade level in the garage from the house. There is a trap door in the floor that is the only access to the basement. Part of the garage addition is maintaining space to have the stairs into the main kitchen of the house and retain access to the garage. Bristow showed a back view of the house showing the back of the garage with windows that do not look original and then the south facing gable, with a little deck, and some changes to the east facing gable. Bristow explained the existing garage footprint, the dotted outline, would be converted into a breezeway so the east wall of the breezeway will be on the foundation of the existing garage. The front wall will step back a little bit, which allows this space to become that hyphen that we look for between an existing historic building and a new addition. She said this location allows the property owner to retain a useable backyard. HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 2 of 16 Bristow said staff has been working with this property owner and their architect since sometime last fall. They looked at the idea of just extending the existing garage to incorporate space for a second car. Since that garage has a shed roof, as it extended it was just getting to a point where the roof was too low to really have any clearance for a car or anything else. Bristow said they also looked at the idea of extending the existing garage but changing the roof line to a gable that would be similar to this gable, but there is a window in the gable that should be retained. Bristow said it also was not possible to move the garage to the backyard, because the backyard would not be usable, and the Building Official confirmed it was not possible. Bristow said the homeowner need to get minor modification approved because they are short on the required driveway length Bristow said the plan shows the stairs coming out of the kitchen area and down like they currently do, and the area for the trap door for the basement. It also includes some storage space because this would become kind of like a mud room for them, and then the two -car garage. The garage itself is very simple and follows the guidelines. Because this does include both demolition and attaching to the house it could not be a staff -reviewed garage. Bristow displayed an elevation drawing. She noted there are certain trim details on the house that we would also have them replicate, such as making sure that the window and door trim matches what would be on the house. She said the shingles will match the shingles on the house. Bristow said the windows will be metal -clad double hung, the siding will be cement board, and the trim would be wood. The garage will have two single -car, carriage house style garage doors. Bristow showed the breezeway portion and a three-quarter light door and two double -hung windows. She explained that on the south side that faces Deluxe there will be three smaller windows. She showed the back side that won't be visible from the street which includes a passage door for the garage, and one for the breezeway. She showed how the connecting roof for the breezeway is lower than the garage roof and the garage roof is below the windows in the gable so they are not blocked by the building. Bristow displayed some 3D renderings submitted. She explained that some of the details mentioned in the trim are not there, but it shows the massing and size of the addition. She explained that the garage and breezeway are clearly subordinate to the house, yet the front -facing gable roof echoes what's going on at the house on the Summit Street elevation. Bristow said staff does recommend approval of this. She said that to approve an attached garage, an exception must be allowed and staff feels that the site constraints are what allows for an exception to be made to allow an attached garage in this instance, and also finds the breezeway and the garage appropriate. Boyd asked if all plan details needed to be included in the future approval. Bristow explained these details are covered in the guidelines and would be included in any approval. She noted if the HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 3 of 16 Commission did not want an item included, they should point it out. Boyd opened the public hearing. There were no comments offered by the public. Bristow noted the architect was present and available to answer any questions. Kuenzli stated she had a very strong negative reaction to the project for the following reasons: Summit Street was the first historic district in town, it is the most visible and the most traveled of the City's historic districts. She believed the attached garage was inappropriate for the historic district. Additionally, she thought the new garage was way too big in proportion to the house and there was no other house on Summit Street with a double -car or single -car garage attached and facing Summit Street. Kuenzli inquired about an alternative solution of leaving the existing single - car garage and then to add a single -car garage in the side yard. Kuenzli noted that across the street from this house on Sheridan is an 1890s house that has a breezeway and a garage, which existed before it was an historic district, but the driveway and double -car garage open onto Sheridan and it's a lot easier to drive onto Sheridan than it is to back out onto Summit Street. Kuenzli added that she found the project inappropriate for the streetscape, Kuenzli asked if it would be possible to put a single -car garage on the east side of the house where there is a pretty large side yard. Bristow said they probably would not be allowed to have an additional curb cut if a garage was added on the east side of the house. She wasn't certain how far away from the corner it had to be before an additional curb cut would be allowed per regulations. Kuenzli said she was just offering a suggestion to try to meet the homeowner's wishes Boyd and Builta noted the breezeway was not there for convenience, but for the kitchen stairs and access to the basement. Builta also noted there was a window that constrained the height of the breezeway. Shope said he understood the concern about the massing, but the issue of a garage facing onto Summit Street was already pre -established. Kuenzli agreed, but noted it was a single -car garage, not a double -car garage. Shope understood but thought the issue of a garage facing onto Summit Street was not relevant because there is one there. Kuenzli believed a double -car garage would set a different precedent. Karr asked if they would be allowed to put up a two -car garage that was not attached if there wasn't the issue of the access to the basement and all those things. Bristow said if they were to remove the existing garage and finish that end of the house, the restrictions would require a distance between the house and the new garage to avoid fire -rated construction. She said from the Commission's standpoint, the greatest concern would probably be exposing the trap door and basement access, something that's been enclosed for at least a very long time, if not always. HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 4 of 16 Architect Steve Miller brought updated plan copies for the Commission based on Jessica's feedback. Miller noted the rendering shown might have been very early on in the process and a little more simplified and contemporary looking because of the lack of detail. He said they've worked with Jessica to narrow up the proportions and add the windows. Kuenzli asked if the garage, as drawn on the new drawing, had the same pitch of the roof as the pitch on the gable of the house. Miller said no. That would make it much taller, so it would have a lot more presence on Summit Street side. Shope asked if the pitch of the garage was the same as the front gable on the house, the one that faces Sheridan. Miller said it's actually the same as the little pitch over the porch in that rendering. Karr said he understood the significant issues and restraints with the size of the lot and the corner lot. He said we have an existing garage that we've already deemed historic and he didn't see a reason in the guidelines telling him he could not approve this, or a reason to not vote yes for this. If someone had a reason, he encouraged them to cite it so he could see that view. Kuenzli asked if he saw a problem with the mass of this garage compared with the mass of the house. Karr said no. Bristow noted the guidelines do include things about massing and rooflines, and it is true that for an addition the guidelines would want you to mimic rooflines on an existing structure. We have an issue here with the gables on the house covering a narrower part of the building than the garage is, so it is true that once you have this bigger footprint and you put a gable on it the same pitch as the house, you're going to just come up with a roof that is enormously tall. A traditional method to avoid that problem is to make the roof on a garage have a slightly lower pitch. Sometimes dormers on houses would also have slightly lower pitches, or higher pitches, because of this issue. Otherwise, the guidelines talk about having the addition be subordinate to the house and, in this case, it is set lower. It's separated by the hyphen area, and it is just generally smaller than the house. Shope noted in the new drawing the architect added a window in the gable. All the other gables appear to have double windows. He asked the architect if he considered a double window in that gable that might blend it better with the house. Miller said he would be willing to do that. Bristow said the guidelines for new outbuildings talk about having a small window or a vent in the gable. She said the idea of adding double windows might initially seem to be appropriate, at the same time, a garage is not going to be as ornamented as a house. Kuenzli said the windows should be proportional to the mass that surrounds it. She thought this looked kind of narrow. She suggested maybe just a single window. HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 5 of 16 Boyd asked about the Commission about the motion in the staff report. He said he was inclined to support the motion as written. He felt given the constraints of the property and given there was already a garage there a new larger garage smaller in scale than the house could be approved. He asked if there was additional discussion. DeGraw said she was inclined to vote yes. She thought it looked a little contemporary but, it was within the guidelines, so she would vote yes. Builta said he was inclined to vote yes and added that this is an exception because there are constraints on what can be done. Boyd noted there were property limitations. This is a corner property. The garage is going to face a street. It does not have alley access. Bristow noted that the guidelines do include the possibility for exceptions. There is the possibility for an exception for unique site conditions and that is the specific exception that staff was considering for this particular project. Boyd asked if the Commission was ready for a vote. MOTION: Karr moved to approve the certificate of appropriateness for the project at 802 South Summit Street as presented in the application through an exception to the guidelines allowing an attached garage due to the unique conditions present at the site and existing setback. DeGraw seconded the motion. The motion carried on a vote of 5-2. Nays: Kuenzli and Pitzen. fAaran. Burford. and Clore absentl. :IMLYAI WIT193 aI:Tl►[yaa 093 0 Q =kTA =I Im W•Ia►r■:Eel :I&Nwel►u►CHuaa►Is] �aa►ri Anne Russett with Neighborhood and Development Services presented a proposed ordinance for a city-wide Transfer of Development Rights (TDR) program. She said she would provide a background on how we got here and explain what Transfer of Development Rights are. She said she would explain the existing Transfer of Development Rights policy in our Riverfront Crossings District and then go over what we are proposing in the ordinance. She said since this ordinance was related to historic properties, they wanted to bring it to the Commission for input. Russett said this began on May 291" when the City Council discussed considering a local landmark designation at 410-412 North Clinton Street.That motion was deferred to January 2019 based on a recommendation from the property owner's attorney to put the vote on hold for that local landmark designation until the City had an opportunity to explore a city-wide Transfer of Development Rights program. Since then, Council has discussed a city-wide transfer program. Staff presented to them at a work session on September 4'" and received some direction from the Council on how they would like to move forward. Russett explained Transfer of Development Rights. She said they are an incentive to protect historic resources which allows property owners to sell or transfer development rights from historic HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 6 of 16 resources, which are called the sending sites, to receiving sites, which are areas where the City wants to encourage higher density development. The development rights would be applied to another site. Russett said there are some key components to a Transfer of Development Rights program. There are the sending sites, which in this case would be historic resources. The receiving sites are areas where there could be additional development or additional density. There is the transfer calculation, that's used to figure how much density, or how much height, could be transferred from one site to another. There is also a review process and an administration procedure. Russett explained that the City does have an existing TDR program that applies to the Riverfront Crossings District. In Riverfront Crossings the City requires Iowa City landmark designation prior to requesting a Transfer of Development Rights. The receiving sites in this area are any site in Riverfront Crossings. The formula that's used to calculate the transfer potential is the lot area of the sending site x the maximum number of stories allowed on the sending site, the result is the square footage that a property owner could transfer to another site. Russett said for the Riverfront Crossings District, any request for a transfer must be reviewed and approved by City Council. She explained that while receiving sites can go above the base height in that zone, there is a max depending on which area of the district they are located in. Russett said one project has used this incentive since it was adopted into the Riverfront Crossings Ordinance, the Tate Arms Building at 914 South Dubuque. On this site the maximum number of stories is four and the area of the site is 8700 square feet, so the total development rights available for this site that could be transferred, were 34,800 square feet. The developer transferred at least 7400 square feet to the property to the north. The property to the north received an additional story, a height bonus, through this transfer. Tate Arms still has 27,400 square feet of transfer potential that could go to another site in Riverfront Crossings. Boyd asked if the owner of the Tate Arms Building had these rights, but didn't really want to develop something somewhere else, could sell those rights to another developer or must the owner of the landmark property use them. Russett said they could be sold on the private market. Shope asked if there was any restriction or requirement that those funds be used in any way to improve the historic property. If they transferred the development rights for money, would there be any requirement that the money be invested in the historic property from which the rights were sold. Russett said no. Shope asked if the Tate Arms allowance of four stories was based on current zoning for that property. Russett said it was based on the current zoning designation. Karr asked if the zoning was changed, would there then be additional rights that would be sold. Russett said staff is proposing no. Russett discussed direction received from Council regarding the proposed ordinance. She said Council asked that sending sites only include future local historic landmarks, so existing historic HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 7 of 16 landmarks would not be eligible for transfer rights. They requested that staff develop a new transfer formula and not use the one that's currently used in Riverfront Crossings. City Council wants to continue to review and approve any transfer requests. For receiving sites, they wanted it to include areas in Riverfront Crossings and sites throughout the City that allow multiunit development. As a summary of the proposed ordinance, Anne said staff is proposing that properties eligible for Iowa City landmark designation would be eligible, but it only applies to future landmarks. Properties that are already landmarked, if they are already in an historic district, or if they are already in a conservation district, would not be eligible for a transfer. City Council felt that it was important to only apply this to future landmarks since these other properties are already protected, and this incentive would only apply to future designations. Russet said that receiving sites could be areas that are zoned either Riverfront Crossings, multifamily residential, or commercial zones that allow multifamily. She displayed a map of the eligible receiving sites. Russett said staff is proposing that there are two options for what could be transferred. An owner could either transfer height or transfer density, not both. The transfer could exceed the maximum height on the receiving site, as well as the maximum density on the receiving site. For the height bonus, it could not exceed 40 feet above the maximum height that is allowed in that zone. There would not be restrictions on increases in density. Boyd asked how many stories 40 feet would be. Russett said four, maybe a little less. Russett said the calculation for the bonus potential for height would be the difference between the maximum allowable height on the sending site and the existing height of the historic structure, so the maximum allowable height minus the existing height would equal the amount that could transfer. Russet said the minimum transfer would be 12 feet. She explained that a 30-foot existing historic structure with a maximum in the zoned district of 35 feet, would only have five feet to transfer. She said that since that is not much to transfer, the minimum would be 12 feet, or a story, that could transfer. Russett presented an example of density transfer the maximum allowable dwelling units of the sending site minus the existing number of dwelling units that are currently there provide the number of dwelling units that could potentially be transferred. This would be determined at the time the landmark designation occurs based on the base zone for the district at that time. Russett provided a density example using 412 North Clinton. The maximum allowable number of dwelling units on the site is 24. There are currently 18, so the potential transfer is six dwelling units. Russett explained how review of transfers would work. Staff is proposing that transfers would be reviewed by the staff design review committee based on the guidelines in the zoning code for any design review project. The design review committee would make a recommendation to City Council, who would be the ultimate decision maker on the transfer. A proposal that was very out of scale or that didn't fit within the existing context of the neighborhood, might not move successfully through the approval process. Russett discussed how TDRs are consistent with the comprehensive plan. The comprehensive HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 8 of 16 plan has policies that talk about protecting historical resources. With the historic preservation plan there are goals related to providing economic incentives to property owners to encourage them to preserve historic buildings. TDRs are a potential incentive for property owners to landmark their buildings. Boyd noted this is for future sites and confirmed that this is local landmarks only, not National Register listed sites, but local landmarks. Boyd stated that most of the properties where development rights being discussed here are either in commercial districts or high -density residential areas. He asked if a potential local landmark is zoned at the lowest density possible it wouldn't have much to transfer, correct? Russett said that if it's a large site, such as a farmstead that might be historic on a large parcel but with only one remaining building, the site could potentially be subdivided and there could be more dwelling units built. This could result in more potential to transfer Kuenzli noticed among the receiving sites proposed were the South Johnson/South Van Buren Streets between Court and the railroad tracks. She said the stated goal of this is to preserve an historic structure somewhere, but to be able to increase either height or density within the receiving area. Johnson and Van Buren currently are mostly two or three-story structures. Kuenzli asked if this were to pass, could a developer could come in and build eight stories or 12 stories on those streets. Russett said theoretically yes, but with the process in place it would go through design review and City Council, who would look at consistency and compatibility with the existing neighborhood. Russett added that in the proposed ordinance there would not be limitations on density, but there would be limitations on height, 40 feet above the maximum in the zoned district. 12 stories in that area would not be allowed based on the proposed TDR amendment. The maximum height in that area is 35 feet, so with TDRs a new development could still be much larger than what's there but there would be a process in place for review and approval to make sure the development was not out of scale for the area. Boyd clarified the receiving sites would be Riverfront Crossings and where there are existing multifamily units. Kuenzli said she was in favor of saving historic properties, but not if the cost is going to be the destruction of other neighborhoods. Builta pointed out if a house is preserved and they sell a floor or two somewhere, that's not going to destroy a neighborhood. Kuenzli said she is concerned that it is not going to be a floor or two judging from the discussion so far. Shope noted there are homes in residential areas that have large lots and questioned if this was based on lot size, not the existing structure size. Russett said the height was based on what's allowed in the zone compared to what the existing structure is. HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 9 of 16 Shope provided an example. A house is one story tall and it's on a lot that is a little over half an acre. If you figured her allowance based on that half acre for four stories, the existing house hasn't used much of that. Russett clarified that if it's in a residential district the maximum height is probably 35 feet where the most she could transfer would probably be two stories. Shope asked again about the half -acre lot size. Russett said the transfer would just be two stories. For the height, it doesn't matter what the lot size is. Shope asked if it was based on the size of the current structure. Russett said the height of the current structure. Karr said he understood it was limited and was concerned that existing homes that are already Iandmarked wouldn't be eligible, especially for the six or seven that were recently Iandmarked. Karr said he loved the fact that this is incentivizing preservation of individual landmarks, but he would be upset if he was one of the recent landmarks left out of this incentive. Karr wondered what happens when we look at the Downtown District. He said he felt this would have ramifications there. He noted if there were some building owners downtown who probably weren't excited about getting in the district, this would be a fantastic way to entice them. Boyd said those may not be individual landmarks. That may be a district. Karr and Boyd asked if it had to be individual properties. Russett said it must be local historic landmarks. Karr said he was asking about an entire district, such as the proposed Railroad Depot District on Clinton Street. Boyd said he thought the railroad qualified because it is currently in Riverfront Crossings. Russett clarified it is only for individual landmarks in Riverfront Crossings, as well. They need the landmark designation. Boyd asked if people could be incentivized individually to be a landmark if a Downtown District didn't happen. Karr thought that would give a landowner downtown a reason to fight the district and go on an individual landmark basis, because it'd be worth more money to them. Russett believed that may be true. Bristow asked if the downtown becomes a district, would it then be removed from the receiving sites. Russett said yes, Historic districts, conservation districts, and landmarks are not eligible as receiving sites. Bristow followed up on Karr's comments about the recent landmarks. She said that because this deferral and TDR development process came up when the five that achieved landmark status happened, she wondered if there would be any condition that included just those five because they were done at the same time when this process started. Russett said if the Commission wanted to recommend that, if they wanted to recommend changes to the proposed receiving areas, she could pass that along to the Council and the Planning Commission. Boyd said he was glad they were talking about this. He said he thought it was helpful because the Commission gets a lot of questions about the economic incentives that can be provided for landmarks. He said TDRs are being discussed because one particular property owner asked for it. Boyd asked if there were other incentives that could be considered. He said that there is an example in North Carolina where new local landmarks receive automatic property tax deduction. HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 10 of 16 Boyd said there may be other incentives that help achieve some of the goals in the comprehensive plan. He said he felt we were doing this because one property owner asked and the focus had been narrowed very rapidly based on a very rapid timeline and a deadline that was set by the property owner and the City Council. Boyd said he wondered if the City could consider other potential incentives, regardless of what happens with the TDRs. He wondered if the Commission was supposed to bring those ideas or if Planning and Zoning Commission came with them. Russett said if the Commission had ideas for Planning and Zoning to investigate, staff could definitely do that. She wasn't sure if the property tax idea was something we could do here, but she knew other communities do it, so staff could look into that. Bristow clarified that the property owner for 410-412 didn't necessarily come up with the Transfer of Development Rights out of the blue. The Tate Arms project had been successful and the idea of protecting historic properties this way had been considered by the planning staff in the past. Staff had always thought about the possibility of adopting something like this to protect historic properties, partly because through research, we have learned that this is something that other communities, and there are some examples in the packet, have taken on to promote the preservation of their historic properties. The first few communities that came up with the process found there were some lessons to be quickly learned, and they had to tweak the way the process happened. She said there was a document put out by the National Park Service that she may have given the Commission earlier in the year. She said it goes talks about those lessons learned and how a community can make sure TDRs work as they are supposed to. Russett asked if they could have wording for the downtown stating that if there is a proposed district, those properties cannot individually landmark for the TDR bonus instead, to avoid a non - incentive for a potential historic district. Bristow wanted clarification on whether this incentive could be possible for a future Downtown District. Russett said that once an area has been selected for a district, if the group of property owners say no to the district, then they cannot individually landmark to get the TDR. An owner can agree to the district, but you cannot strategize to reject the district in order to go for the individual landmark and the incentive of the TDR. Russett said the reason they were not allowing future districts to be eligible is that there are certain properties in an historic district that might not be contributing or might not be as historically significant and wouldn't meet local landmark requirements, so it isn't fair to provide the incentive for the entire district. She said another option is that future districts could potentially be eligible to utilize the incentive. Boyd noted that all our current historic districts are largely non-commercial districts. He said he wondered if there could be a consideration about how we think about commercial districts, which was something that needed to be considered anyway. Expectations for a residential district are different than expectations for a commercial district. The buildings are used differently now than they were historically. In the residential districts those structures are largely being used as they were when they were built, for the most part. HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 11 of 16 Boyd said if there is an effort to limit the scale of this proposal, commercial is one thing to think about. He said he thought high -density residential by itself, was the highest zoning piece. He thought that's largely where these properties probably are anyway, just given where our historic properties are. Boyd thought one item of consensus would be including anything that's been landmarked in 2018 Kuenzli asked about the receiving areas that allow multiunit development. Kuenzli thought that was a little vague. Boyd questioned if that was the red area on the map. Russett said yes it includes all multifamily residential zones and commercial zones that allow multifamily. Boyd said since those are the receiving sites, could those also be the categories that we use for landmarks or districts. Russett said that was a possibility and she liked the suggestion of commercial districts because residential districts, even though you could maybe get more units, have lower height limit. Commercial districts generally allow a lot more development potential, so it could be more of an incentive in a commercial district and a landmark designation could restrict the ability to develop that property to its maximum allowable density or height under the zone. She said to her, the commercial districts make sense because the base zoning designation probably allows a lot more height than is currently there. Boyd said he thought one other item for consensus was the idea of individual properties and potentially future commercial districts. Russett said we could bring this back to the Commission at the next meeting if they want to think about it more, but she needed to move it forward to Planning and Zoning next week. She asked for the Commission's feelings on if this was something they wanted the City Council to consider or if there was no interest in providing this type of incentive for historic properties. Boyd said he thought we should find incentives for landmark and district designations. He thought the City should consider it, and the Commission was one step in that consideration. He said Planning and Zoning will consider it, and ultimately City Council will consider it. He believed the Commission's job was to look at the impact on historic preservation. He said TDRs are a potential tool that helps incentivize historic preservation. He noted there were some things that needed to be worked out as a City, but he didn't believe the Commission was the one to work out all of those details. Russett restated what she'd heard from the Commission. She heard this should apply to landmarks that were designated in 2018, and maybe consider future commercial historic districts being eligible. She heard some concern about the receiving sites. She said if they wanted those changed, even if it was not a consensus, she would pass that information along. Boyd agreed there was some concern about the receiving sites, particularly those in residential areas. He didn't think there was a lot of concern when there was already a lot of density and a lot of other taller buildings. He said the Commission was open and interested in exploring what other incentives might be available outside of this particular program. HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 12 of 16 DeGraw said there was a concern with the calculation with regard to lot size that used with Tate Arms, because at times that would create an overly generous handing out of TDR that couldn't be honored. Shope was concerned that this is currently restricted to future landmarks. He said he understood the rationale, which is that those existing landmarks are already protected, but historic landmarks also have higher costs of maintenance. He had a bit of an issue with precluding the benefits of this from those who already own those historic landmarks. Boyd wondered if there was a way for us to think about other incentives for existing landmarks. Shope noted this is the incentive that's before us right now. He asked for a clarification on the following: On page 3 of the October 11 th memo it says eligible sending sites include properties designated as an Iowa City landmark, eligible for landmark designation, registered on the National Register of Historic Places, or listed as an historically significant building per a survey. He said he thought what was presented as eligible is an Iowa City landmark, and that's not the way he read this sentence. Russett said that portion of the October 11 memo was a summary of the current ordinance in Riverfront Crossings. She clarified that if the property is in Riverfront Crossings and is registered on the National Register, it is eligible, but is still required to get local landmark designation before receiving the incentive. Russett said she would pass these suggestions forward and incorporate some of them into the draft ordinance if there was consensus. Russett said if the Commission wants to, it could move this forward to Planning and Zoning with amendments. The Commission could move that it be deferred until the next meeting and we it could be brought back. Boyd asked if the Commission could move that they are generally in favor of this, but have a few concerns that have been identified. Russett said that was an option. Boyd asked if the Commission could still revisit the amendment at some point. Russett said it could be revisited at the next meeting on November 8th, which would be before the amendment goes to City Council for public hearing. Boyd said he'd like to move that the Commission is generally in favor of the TDR amendment to the zoning code and has made some suggestions. The Commission's role is to decide if this is a tool that historic preservation should use. Russett suggested moving the amendment forward and then, for a property owner that wasn't thinking about development but still wondered what was going on with the TDR, add the offer of a simple tax reduction. That would be appealing and save that person the burden of having to research how to capture this potential. Russet said she thought some property owners would do that. MOTION: Boyd moved that the Commission is generally in favor of incentives, including this amendment. The Commission has shared some specific concerns but are broadly in HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 13 of 16 favor of moving forward. Karr seconded the motion. The motion carried on a vote of 7-0 (Agran, Burford, and Clore absent). REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF Certificate of No Material Effect — Chair and Staff Review. 1037 East Washington Street. This project will repair about five of their original windows and replace storms, which we don't need to review, but they put it on the application anyway. 722 East College Street. This project will replace the concrete steps that were an original part of the building. They have completely deteriorated. 900 North Johnson. This project is repairing siding that was deteriorated and repairing the rear deck. 430 Ronalds Street. Bristow said the owners of this property are repairing windows Minor Review— Staff Review. Bristow said the University Partnership property at the last minute had to replace the roof because it had failed suddenly. She said it was being replaced, but it would not be metal. It will be shingles. Boyd wondered if it was just staff review if they go from metal to shingles. Bristow said yes, that was something that changed at the beginning of the year. 927 South 7'" Avenue. Bristow said this property was part of a series of bungalows that could have been their own historic district at the end of 7'" Avenue, but they are a part of the Dearborn Street Conservation District. The siding on just the front and rear dormers was failing and so they are replacing the siding and trim. 412 S Summit Street. Bristow said this roof has been deteriorating for a long time and they are replacing it. The internal gutters will remain. 900 N Johnson. Bristow said they will be putting in a radon mitigation system in the area where all other utilities are located. HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 14 of 16 CONSIDERATION OF MINUTES FOR SEPTEMBER 13, 2018 DeGraw thought there was one area, page 9 of 14 paragraph 4, where it says DeGraw noted. She thought that was supposed to be Kuenzli, and then the Kuenzli after was supposed to be DeGraw. Bristow said she would go back and listen to the audio copy of the minutes. She said she would go back. review. and correct it. Boyd referenced page 11, the second paragraph, second sentence, where it says, "Boyd noted if a termite of moisture will not affect them" should be attributed to Pitzen. Pitzen agreed. MOTION: Builta moved to approve the minutes of the Historic Preservation Commission's September 13, 2018 meeting with the changes noted. Kuenzli seconded the motion. The motion carried on a vote of 7-0 (Aaran. Burford. and Clore absent). me] �LI�LIRIAW]►11►I0]V�L/_\1 *]04I_1041111QRIGUB&9[M 04 Downtown District Surve Bristow said the final survey and report from our consultant Alexa McDowell is uploaded on the City's website. It is separated on the website into parts so that readers can download smaller portions instead of the entire document. The report is the first part which includes the findings. Bristow said McDowell talks about her methodology and makes recommendations to the City based on her findings. Another section is the Multi -Property Document, which is historically what Iowa City has used to discuss the overall built history of Iowa City. This document discusses downtown history, the types of architecture, and the types of material. Bristow said McDowell also includes appendix items such as maps and the table, tax incentives, and information about the National Register Criteria. She said another appendix item is the Secretary of the Interior standards, which would be the basis for any review that would occur. Bristow said a public presentation by the consultant is scheduled in the Old Capitol Building in the Senate Chamber on October 22 at 5:30 pm. She said there will also be a presentation with a City Council work session the following morning, October 23, at 9:00 a.m. Old Settlers' Cabins Boyd noted the Old Settlers' cabins in City Park are coming along quite nicely. He thought we should look at exploring what it would take to make those a local landmark. They are City -owned. He thought it really would highlight the work the City has invested in those properties and really help talk about their history, which is really kind of interesting. Boyd asked to put this on a future agenda unless there were strong concerns not to. Bristow said staff would investigate that. HISTORIC PRESERVATION COMMISSION October 11, 2018 Page 15 of 16 L�7F17 Karr received an email last week from Monica Hayes, who is in charge of ICAAR, the local realtor conglomeration, who would like to do a lunch and learn with HPC at the ICAAR building in Coralville. He didn't know if it mattered that it was not in Iowa City, but the intent would be to hopefully have some Commissioners do a short presentation to explain to them what historic preservation is, what we're trying to accomplish, and some of the guidelines, so hopefully more realtors would know what's going on when they are potentially listing or have a buyer for a house in an historic district. Boyd said that was great and that he'd love to be a part of it. Karr said they were going to try and push it into 2019, but if anybody would like to help, that would be great. He said he may also try to get the Home Builders Association involved, too, because there is a Remodelers' Council and there could be a nice group of people there. DeGraw said she could design print materials, if needed. Award Nominations: Bristow said the award season process would be beginning again. She would be putting out a call for nominations. She said staff keeps a big list of potential things that people point out throughout the year and other projects, but of course any Commissioners who know of any projects that might be eligible for an award, should nominate them. The Awards will be Thursday, January 17, 2019 at 5:30 pm in the Iowa City Public Library with a reception at 5:00 pm. ADJOURNMENT: Kuenzli moved to adjourn the meeting. Seconded by Shope The meeting was adjourned at 7:15 p.m. Minutes submitted by Judy Jones. HISTORIC PRESERVATION COMMISSION ATTENDANCE RECORD 2017-2018 NAME TERM EXP. 11/9 12/14 1/11 218 3/8 4/12 5/10 6/14 7/12 8/9 8/23 9/13 10/11 AGRAN, THOMAS 6/30/20 X X X X X X X X O/E X X X O/E BAKER, ESTHER 6/30/18 X X X X X X X X BOYD, KEVIN 6/30/20 X X X X X X X X X X X X X BUILTA, ZACH 6/30/19 X X X O/E X X X X X X X X X BURFORD, HELEN 6/30/21 X X O/E X O/E CLORE, GOSIA 6/30/20 X O/E O/E X O/E X X X X O/E O/E X O/E DEGRAW, SHARON 6/30/19 X O/E X X X X X X X O/E X X X KARR, G. T. 6/30/20 X X X X X X X X O/E X X X X KUENZLI, CECILE 6/30/19 X X X X X X X X O/E X X X MICHAUD, PAM 6/30/18 X X X X X X X PITZEN, QUENTIN 6/30/21 X X X X X SHOPE, LEE 6/30/21 X X X O/E X SWAIM, GINALIE 6/30/18 O/E X X X X X X X WAGNER, FRANK 6/30/18 X O/E O/E X X X X X KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member