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HomeMy WebLinkAboutPZ Agenda Packet 02.15.2023PLANNING AND ZONING COMMISSION Wednesday, February 15, 2023 Formal Meeting – 6:00 PM Emma Harvat Hall Iowa City City Hall 410 E. Washington Street Agenda: 1. Call to Order 2. Roll Call 3. Public Discussion of Any Item Not on the Agenda 4. Discussion Regarding Housing Affordability 5. By-Law Amendment Regarding Public Participation 6. Consideration of meeting minutes: January 18, 2023 7. Planning and Zoning Information 8. Adjournment If you will need disability-related accommodations to participate in this meeting, please contact Anne Russett, Urban Planning, at 319-356-5251 or arussett@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Planning & Zoning Commission Meetings Formal: March 1 / March 15 / April 5 Informal: Scheduled as needed. Date: February 15, 2023 To: Planning & Zoning Commission From: Anne Russett, Senior Planner, Neighborhood & Development Services Re: Request for Information Pertaining to Housing Affordability Introduction At the January 18, 2023 meeting, the Commission requested that staff prepare information on a variety of housing related topics for Commission discussion. Topics suggested included the City’s affordable housing requirement in Riverfront Crossings, current affordable housing initiatives, as well as regulatory barriers. Affordable housing is a complex problem that depends on many factors including income, household characteristics, educational opportunities, the cost of necessities such as child and health care, transportation costs, and the cost of housing itself. Due to its complex nature, there is no one solution to increasing affordability. However, housing is generally considered to be affordable if a household pays no more than 30 percent of its gross income on housing costs, including rent or mortgage payments, other fees, and utilities. In some cases, housing that may be affordable for a household will not meet that household’s needs. In other cases, it may not be possible to find housing that is affordable at all. The City has increasingly focused on improving housing choice within neighborhoods and on creating affordable housing opportunities, especially for household with low-to-moderate incomes. This is highlighted in City Council’s FY23-FY28 Strategic Plan which aims to identify new efforts to expand housing throughout Iowa City and in the 2022 Affordable Housing Action Plan which provides recommendations to support affordable housing efforts. This memo outlines a variety of ways that the City currently works toward improving housing choice and affordability throughout our community. It also provides an initial look at some efforts currently underway related to zoning reform. More specifically, the memo covers the following items: 1. Affordable Housing Requirements 2. Regulatory Incentives for Affordable Housing 3. Addressing Regulatory Barriers & Evaluating the Land Use Entitlement Process 4. Additional Programs & Efforts Affordable Housing Requirements The City has adopted an affordable housing annexation policy and a zoning code affordable housing requirement for the Riverfront Crossings district that require private developers to contribute to affordable housing. Both were created with a significant amount of input, review, and analysis over several months. For the Riverfront Crossing’s affordable housing requirement, a committee was formed to research best practices and present a proposal to the City Council. With the annexation policy, it was an action item included in the Affordable Housing Action Plan and City Council directed staff to move forward on implementation. Additionally, both the policy and code were developed to ensure flexibility and alignment with State law. Affordable Housing Annexation Policy: The annexation policy was adopted in July of 2018. The policy states that if the annexation is for residential development that will result in the creation of ten or more new housing units, the development will support the City's goal of creating and maintaining the supply of affordable housing. Such support shall be based on providing affordable units equal to 10% of the total units in the annexed area with an assurance of long-term affordability, preferably for a term of not less than 20 years. To qualify for an affordable unit a household must meet the income maximum of 60% area medium income (AMI) for rental and 110% AMI for owner occupied units. Under the policy, the developer completes an affordable housing application before issuance of a building permit. The developer can meet the requirement through various methods, including, but not limited to, onsite development of affordable housing, transfer of lots/units to the City or an affordable housing provider; fee-in-lieu paid to the City's affordable housing fund; and/or participation in a state or federal housing program. Impact Summary: • There has been one qualifying annexation since policy adoption. An affordable housing agreement was entered for the Community View subdivision, which is located off American Legion Road east of Scott Boulevard. The agreement requires 17 on-site affordable rental units with a compliance period of 20 years. Construction started on the subdivision in 2021. Riverfront Crossings Affordable Housing Requirement: The Riverfront Crossings zoning ordinance requires any development containing ten or more dwelling units on land zoned a riverfront crossings zone to provide affordable housing units in an amount of at least 10% of the total dwelling units for a period of ten years. This can be achieved by onsite owner-occupied affordable housing, onsite affordable rental housing, a fee-in-lieu contribution to an affordable housing fund, off-site affordable housing, and/or contribution of land. Upon rezoning, property owners enter into an affordable housing agreement outlining how they will meet this requirement. This requirement is limited to Riverfront Crossings since the RFC Form-Based Code allows for a significant increase in development potential. To qualify for an affordable unit a household must meet the income maximum of 60% area medium income (AMI) for rental and 110% AMI for owner occupied units. Funds received from fee-in-lieu payments are restricted for use within the Riverfront Crossings District. The fee-in-lieu amount is adjusted every other year based on a formula that analyzes the difference between renting a market rate unit and renting a dwelling unit affordable to an income- qualified household for a period of ten years. The fee is currently $70,291 per unit. Impact Summary: • Eleven residential developments chose to meet their Riverfront Crossing affordable housing requirement through on-site housing. These 11 projects will produce 79 affordable units – 46 are currently built and have certificates of occupancy. • Four projects decided to pay a fee in lieu for 36 units. • The City currently has $3.8 million in the fund. The amount in the fund increased significantly in 2022 with a fee in-lieu payment of $2.8 million from one development. This amount also includes fees collected for units monitored by staff that were determined to be out of compliance. Regulatory Incentives for Affordable Housing In addition to the Riverfront Crossings affordable housing code requirements, the City also has regulatory incentives for those who voluntarily provide affordable housing. With the adoption of the form-based zones and standards in November 2021, regulatory incentives for affordable housing were incorporated into the code for the first time. To help incentivize the development of additional affordable housing, the code establishes regulatory incentives that may be utilized wherever affordable housing is voluntarily provided within a Form-Based Zone. Affordable housing provided pursuant to the City’s affordable housing annexation policy or economic development policy (i.e. TIF) may not utilize these incentives. Incentives include: • Density Bonus: For building types that allow 4 or more dwelling units, the maximum number of dwelling units may be increased by 25%. • Minor Adjustments to “Zone Standards”: One of the following adjustments may be administratively approved: o Building type design site depth standards may be adjusted by up to 15’. o Building type design site width may be adjusted by up to 15%. o Minimum amount of façade required within the façade zone may be reduced by up to 20%. • Minor Adjustments to “Building Type Standards”: One of the following adjustments may be administratively approved: o Building main body and wing standards may be adjusted by up to 15%. o Maximum Building Height may be increased by up to 0.5 stories. • Additional Minor Adjustments: An additional minor adjustment each to “Zone Standards” and “Building Type Standards” may be administratively approved where Affordable Housing units are income restricted to households making 50% of less than the area median income. For minor adjustment to be approved the proposed adjustment must fit the characteristics of the site and the surrounding neighborhood and demonstrate consistency with the intent of the standard being adjustment and the goals of the Comprehensive Plan Additionally, on-site parking is not required for affordable housing, including voluntary affordable housing and for affordable housing provided through the annexation policy or a TIF agreement. Impact Summary: • The Form-Based Zones and Standards were adopted in November 2021 and have yet to be utilized. Addressing Regulatory Barriers & Evaluating the Land Use Entitlement Process Historically, conventional zoning regulations have been used to enforce racial and class segregation. While courts invalidated explicitly racial zoning in 1917, single-family zones and large minimum lot sizes were often used an as exclusionary practice, along with other public and private policies such as redlining and the demolition of “slums” where persons of color lived. In Iowa City, owners used racially restrictive covenants until that was made illegal in 1968. A 2019 Fair Housing Study completed by the City found that 81% of residential land in the City is zoned for single- family development, and over half of single-family residential zoning is for low density development (RS-5). While the City’s current zoning code provides some flexibility for new development, it tends to lead to conventional development with land uses separated into discrete districts with a limited mix of uses. In order for development to achieve some flexibility to accommodate a diversity of housing types it typically requires a planned development overlay (OPD) rezoning, which can be a relatively burdensome tool. Additionally, the current code allows duplexes on corner lots in single-family zones and accessory apartments in conjunction with single-family uses; however, the City has not seen a significant number of duplexes or accessory units be developed, and most subdivisions in greenfield sites still tend to incorporate a large number of single-family homes. For these reasons, amendments to the zoning code may be considered to help increase the supply of housing, remove barriers to providing a variety of housing options, and increase housing choice for residents. Some of these amendments are feasible in the shorter-term, while others will require changes to current land use policies. • Single-Family Zoning Reform: To improve housing choice, increasing the allowable number of dwelling units and/or housing types in single-family residential zones should be examined. This could include allowing duplexes and attached single-family uses in more locations, as well as considering triplexes or other housing types that may be compatible in neighborhoods. More significant changes related to increasing housing diversity may require an update to the comprehensive plan. Status Update: With City Council’s approval of the FY23 budget, $150,000 has been allocated for an update to the comprehensive plan with another $150,000 planned for FY24. Staff is currently working on a scope of work for this effort and plans to update both the Planning and Zoning Commission and City Council as we move forward. In the short term, staff is evaluating potential changes that could be supported based on the existing land use policy direction. • Accessory Dwelling Units: More flexible standards for accessory apartments (i.e. accessory dwelling units) should be evaluated. Although the City allows accessory apartments in several zones not, many are being built. The current standards could be evaluated to determine potential barriers to development. Status Update: Staff is currently working on amendments to the accessory dwelling unit standards that examine parking, size, location, design, and ownership requirements. • Evaluate Restrictions on Maximum Bedroom Provisions: The City’s restrictions on the number of bedrooms allowed within multi-family dwellings (maximum of 3 bedrooms) can be difficult for larger families and multi-generational households that need a more affordable housing option than single-family homes and duplexes. Therefore, the City could examine increasing the number of bedrooms allowed within multi-family dwellings. Status Update: Currently staff is evaluating how we regulate bedrooms and considering an amendment to provide more flexibility. • Regulatory Incentives for Affordable Housing: Council adopted regulatory incentives to income-restricted housing as part of the creation of the form-based zones and standards. Similar incentives should be considered city-wide. These incentives could include density bonuses or flexibility from zoning standards in the form of increases in height or setback reductions. Although regulatory incentives are not as powerful as financial incentives, meaningful incentives should be evaluated. Status Update: Staff is currently looking at incorporating affordable housing regulatory incentives in more areas of the city. Amendments being considered include density bonuses, changes to parking requirements, and relief from other standards, such as setbacks and height. • Allow Multi-Family and Horizontal Mixed-Use in Commercial Zones: The City’s commercial zones do not allow multi-family without a commercial component on the ground floor. In addition, there is typically additional review for multi-family in commercial zones through the special exception process which requires review by the Board of Adjustment. The commercial zones could be evaluated to determine where ground floor commercial is really necessary for neighborhood vibrancy. Where it is not necessary, amendments could be considered to allow multi-family uses without a special exception, as well as horizontal mixed-use. Status Update: Staff is evaluating potential changes to how residential uses are allowed within commercial zones. • Evaluate Permanent Supportive Housing Regulations: Permanent supportive housing is an evidenced based model that focuses on providing housing first, while also providing supportive services, to individuals that are chronically homeless. In the zoning code permanent supportive housing (or community service-long term housing) is classified as an institutional use and only allowed in some commercial zones. Sometimes it requires a special exception. The City could consider permitting permanent supportive housing similar to other multi-family housing developments, including allowing such a use in residential zones. Status Update: Staff is currently examining how the city regulates permanent supportive housing. • Parking Reform: Typical zoning codes require a minimum amount of on-site parking and the City’s zoning code is no different. Cities across the country are exploring parking maximums to achieve their climate and housing affordability goals. Over the past few years, staff has received several requests to reduce the amount of required on-site parking. Alternative parking designs (e.g. tandem) have also been suggested. Status Update: Changing parking ratios and exploring options other than a required minimum amount of on-site parking will require a significant amount of analysis, outreach, and research. There are other cities that have done this with success. Staff has started conducting research on best practices, as well as efforts by other local jurisdictions. • Form-Based Zones and Standards: Staff is continuing to identify opportunities to apply form-based land use principles within greenfield areas of the City where infrastructure is planned. Since development often follows infrastructure it is important to update these plans prior to new development. Updating the plans now will allow incorporation of the form-based planning principles, which ensure a diversity of housing types and a highly interconnected network of streets and paths. Status Update: In 2021, an update to the South District Plan was adopted along with an amendment to the zoning code to incorporate form-based zones and standards. More recently, the South District Plan was updated for the area south of Rohret Rd and west of Highway 218. Other areas where infrastructure is planned in the future, per the City’s Capital Improvement Plan, include the area near the Hi Point Golf Course and the land surrounding Herbert Hoover Elementary School. Staff plans to propose amendments to the zoning code, which will focus on addressing regulatory barriers to affordable housing, for the Commission’s consideration in Summer 2023. In addition to analyzing regulatory barriers that impact housing affordability and choice, the land use entitlement process could also be reviewed. As Katherine Levine Einstein notes in her book, Neighborhood Defenders, "we cannot simply focus on regulations in isolation from the ways they are used and enforced. Projects are not necessarily stopped by zoning codes alone. They are often delayed, stopped, or altered by interested residents using local land use institutions."1 The process by which the City reviews, approves, and permits development impacts housing supply. Housing supply is one major contributor of the housing crisis. According to Einstein, "Most economists believe that, to address rising housing costs in many cities, we need to build more housing - especially higher-density, multifamily housing."2 Based on a report published by Up for Growth entitled “2022 Housing Underproduction in the U.S.”, the U.S. is 3.79 million units shy of its housing need.3 Additional Programs and Efforts There are several ways that the City supports housing within the community beyond land use policies and zoning regulations. Although these areas are outside of the Planning and Zoning Commission’s purview, staff wanted you to understand the full picture of how the City supports housing in our community. The City spent over $10.4 million in FY22 to create or assist 2,415 units of affordable housing. The majority of the beneficiaries for these units were households under 50% of the area median income. For a deeper look into how the City supports affordable housing in our community through programs and direct financial assistance, please review the following two reports: the 2022 Affordable Housing Action Plan and the Neighborhood and Development Services (NDS) Annual Report. The 2021 NDS Annual Report outlines efforts throughout the department, many which relate to housing. The report can be downloaded at www.icgov.org/nds. The 2022 Iowa City Affordable Housing Action Plan, is available at www.icgov.org/affordablehousingactionplan. The Action Plan is the framework that outlines recommendations for furthering housing affordability in 1 Einstein, Katherine Levine, David M. Glick, and Maxwell Palmer. 2020. Neighborhood Defenders. Cambridge University Press. p. 4. 2 Ibid. p. 9. 3 https://upforgrowth.org/apply-the-vision/housing-underproduction/ the community. The Action Plan is further affirmed within the City Council’s Strategic Plan, which includes an action to “Advance prioritized recommendations in the 2022 Affordable Housing Action Plan”. Financial Incentives: Beyond regulatory incentives, the City also provides a variety of financial resources that support housing. Staff recently prepared two documents outlining these programs, which are included in Attachment A and B. Attachment A outlines financial incentives for affordable housing provides, while Attachment B summarizes programs available to homeowners and renters. Iowa City Housing Authority: Lastly, the City’s Housing Authority (ICHA) acts as a community leader for affordable housing, family self-sufficiency, and homeownership opportunities. ICHA provides information and education, housing assistance, and public and private partnership opportunities. ICHA administers a total of 1,457 vouchers consisting of 1,191 through the Housing Choice Voucher Program (HCVP), 95 Veterans’ Supportive Housing (VASH), 78 Mainstream Vouchers, 69 Emergency Housing Vouchers, and 24 Project- Based Vouchers for Cross Park Place. These vouchers serve households not only in the City of Iowa City, but also throughout Johnson County, Iowa County, and Washington County North of Highway 92. As of January 4, 2022, of the total active vouchers, 975 or 71% were utilized in Iowa City. At the end of calendar year (CY) 2015, we had 1,272 vouchers, we now have 1,457. We have gained 185 specialty (VASH, mainstream, and emergency) vouchers since CY2015. The specialty vouchers focus on persons experiencing homelessness and/or domestic violence. These vouchers rely on partnerships with our Coordinated Entry system managed by Shelter House and the Veterans Administration. During bi-weekly meetings with community housing providers, households are prioritized and assigned to the appropriate housing intervention. The Housing Authority receives these referrals and provides the applicable voucher needed to maintain their housing. ICHA paid out $8.3 million in Housing Assistance Payments during 2021. This primarily consists of payments to local landlords who rent to voucher holders, but also includes escrow savings deposits for Family Self-Sufficiency participants. ICHA also manages and maintains public housing units. Public housing provides decent and safe rental housing for low-income families, the elderly, and persons with disabilities. Iowa City currently owns and manages 86 public housing and 16 affordable units throughout the City. Units are located at scattered sites and constructed to conform and blend into existing neighborhoods. The City recently allocated Shelter House $1,137,710, in ARPA funds for a 3-year pilot project. The funds will pay for a full time Coordinated Entry specialist, provide two Housing Stability specialists to help households research and secure housing, offer the RentWise program to increase renters success in all aspects of the rental experience, operate a landlord risk mitigation program to provide incentives for landlords to provide housing to households who have barriers to housing, and two Eviction Prevention specialists, working in collaboration with Iowa Legal Aid, to keep people housed. Conclusion At your meeting on February 15, staff will present a background on the City’s housing initiatives and the Commission will have the opportunity to ask questions and discuss next steps. If the Commission would like to explore major policy or regulatory changes beyond what staff is currently working on, staff recommends making a recommendation to the City Council that a committee be developed to comprehensively evaluate the changes. Attachments A. Financial Incentives for Affordable Housing Providers B. Financial Assistance for Homeowners and Renters Approved by: _____________________________________________ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services IOWA CITY AFFORDABLE HOUSING Financial Incentives for Affordable Housing Providers (Developers and Non-Profit Organizations) INCENTIVE / FORM OF ASSISTANCE INCOME MAXIMUM HOUSING TYPE LEARN MORE / APPLY Affordable Housing Provision - Annexation Policy Varies Owner or Rental Urban Planning - 319-356-5251 Tax Increment Financing (TIF) for New Residential Development 80% MI Owner 60% MI Rental Owner or Rental Economic Development - 319-356-5248 CDBG/HOME Competitive Housing Programs 80% MI Owner 60% MI Rental Owner or Rental icgov.org/ActionPlan icgov.org/RentalRehab Emergent Situations Based on request Owner or Rental icgov.org/AffordableHousing Housing Trust Fund of Johnson County (HTFJC) 80% MI (60% MI - LIHTC)Owner or Rental htfjc.org/revolving-loan-program Opportunity Fund Based on request - 80% MI Owner, 60% MI Rental is typical Owner or Rental Application pending icgov.org/AffordableHousing Regulatory Incentives Varies Owner or Rental Urban Planning - 319-356-5251 Tax Exemption for Affordable Rental Housing 40% MI for at least 15% of leased units Rental Economic Development - 319-356-5248 Affordable Housing Incentive Overview and Eligibility Income Thresholds - Area Median Income Limit (MI) Based on Household Size (Total income of all adult members of household) Effective 6/15/2022 (updated annually) HOUSEHOLD SIZE 30% MI 50% MI 60% MI 80% MI 100% MI 110% MI 140% MI 1 $22,900 $38,150 $45,780 $61,050 $76,300 $83,930 $106,820 2 $26,200 $43,600 $52,320 $69,800 $87,200 $95,920 $122,080 3 $29,450 $49,050 $58,860 $78,500 $98,100 $107,910 $137,340 4 $32,700 $54,500 $65,400 $87,200 $109,000 $119,900 $152,600 Affordable Housing Provision - Annexation Policy Neighborhood and Development Services processes annexation applications and administers affordable housing agreements. Ҍ Applies to annexations that will create 10 or more housing units. Ҍ Requires the provision of affordable units equal to 10% of the total units in the annexed area to provide long-term affordability, preferably for a term of not less than 20 years. Ҍ Requirement can be met through onsite development, transfer of lots/units to the City or affordable housing provider, fee-in-lieu to the City’s affordable housing fund, or participation in a state or federal housing program. Ҍ Pre-annexation Agreement or Conditional Zoning Agreement requires developer to enter an Affordable Housing Agreement upon annexation. Ҍ Opportunity to use Residential Tax Increment Financing (TIF) funds to purchase lots for affordable housing to help developer meet requirement and provide upfront cash (sale of lot(s)). INCOME MAXIMUM Income targets shall be consistent with the City’s existing program requirements TYPE OF HOUSING Owner or Rental LEARN MORE / APPLY Contact Urban Planning at 319-356-5251 Tax Increment Financing (TIF) for New Residential Development Administered by City Manager’s Office, Economic Development Coordinator. Letter of interest and project information required for consideration (sources and uses of funds, project description, rent structure, timeline and proposed elevations must be included). Council Action Plan: Seek out and approve residential TIF applications for infrastructure when project provides benefits such as permanent affordable housing. City shall consider an application for residential TIF for new annexations to meet permanent affordable housing goals. Ҍ A portion of the tax increment generated from the Housing TIF must be spent on affordable housing within the city limits. If does not have to be spent in the same TIF district that generated the funds. Ҍ The amount of assistance for affordable housing is required to equal or exceed the percentage of the project cost equal to the percentage of low and moderate income (LMI) persons in the County. For example to fully fund a development request of $600,000, then 45% of the total TIF (the LMI percentage of the County) must to go to an Affordable Housing Fund that can be used citywide. INCOME MAXIMUM 80% MI Owner 60% MI Rental TYPE OF HOUSING Owner or Rental Affordable Housing Program Details *See chart on following page Tax Increment Financing (TIF) for New Residential Development continued Note: New projects zoned Riverfront Crossings and TIF projects with a residential component must provide a certain percentage of affordable units for 10 or 20 years based on funding source. Developers may meet this requirement through onsite affordable housing, a fee-in-lieu or by providing affordable housing elsewhere in the community, subject to the City’s sole discretion and based on the funding source. This provides an opportunity for affordable housing providers to partner with for profit developers by providing services such as income qualification and reporting requirements, property management of the affordable units (referrals, outreach, leasing, etc.) or through acquiring the units to operate as affordable housing. LEARN MORE / APPLY Contact Economic Development at 319-356-5248 CDBG/HOME Competitive Housing Programs Administered by Neighborhood and Development Services Ҍ Iowa City receives approximately $450,000 annually for housing projects from the U.S. Department of Housing and Urban Development (HUD) to fund a wide range of activities including new construction, acquisition, and/or rehabilitation of housing that benefits income qualified residents – buyer or tenant. Ҍ Funds are made available to housing providers through a competitive annual application process. Applications are available in December and are due mid-January each year. Ҍ Various federal regulations may apply based on the use of funds such as Davis Bacon, lead requirements, relocation assistance, audit requirements, and others. Speak with NDS staff to determine what requirements may apply to your project. Special program for rental rehabilitation: Ҍ Non-profit housing providers, as well as private landlords, may apply year round for HOME rental rehabilitation. City allocates $90,000 annually for this purpose. Properties must be within the CDBG targeted area (link) and must be a single family or duplex property with a valid rental permit. Tenants must be below 60% MI and rent can’t exceed the HOME Fair Market Rent throughout the affordability period. Projects can receive up to $24,999 per unit. 50% provided as a grant, 50% as a zero-interest loan. INCOME MAXIMUM 80% MI Owner 60% MI Rental TYPE OF HOUSING Owner or Rental LEARN MORE / APPLY icgov.org/ActionPlan icgov.org/RentalRehab Emergent Situations Administered by Neighborhood and Development Services Ҍ The fund is used for low-income households with unanticipated housing costs due to actions not within their control. Ҍ $50,000 annually allocated to this fund. Prior examples of past assistance include relocation assistance to income qualified residents required to move due to a rezoning or a mobile home park closure and winterization of mobile homes. INCOME MAXIMUM Based on request TYPE OF HOUSING Housing assistance that is needed urgently and where the applicant is unable to wait until next relevant application round LEARN MORE / APPLY icgov.org/AffordableHousing Housing Trust Fund of Johnson County (HTFJC) Ҍ Receives approximately $700,000 annually from the City (HTFJC also receives Johnson County and State Housing Trust funds to support housing in Johnson County) to allocate to affordable housing projects. Ҍ At least 20% of their City award must be used to support Low-Income Housing Tax Credit (LIHTC) projects. HTFJC holds an annual LIHTC application round. Ҍ Funds are allocated quarterly through their Revolving Loan Program. Majority of funds allocated are in the form of no or low interest loans. Limited grants are available. INCOME MAXIMUM 80% MI 60% MI - LIHTC TYPE OF HOUSING Owner or Rental LEARN MORE / APPLY htfjc.org/revolving-loan-program Opportunity Fund Administered by Neighborhood and Development Services Ҍ The Opportunity Fund is available for any housing opportunity that becomes available that supports the City’s housing goals and is approved by City Council. Ҍ Applications accepted year round. Ҍ $75,000 annually allocated to this fund; however, any remaining balance from various other City funds (Healthy Homes, Secure Housing, Emergent Situations, and former Land Banking fund) are deposited to this fund at the end of each fiscal year. Also has access to City’s Affordable Housing Fund (TIF & Riverfront Crossings Fee-in-Lieu payments – various requirements apply based on source of funds). INCOME MAXIMUM Based on request Typically 80% MI - Owner, 60% MI Rental TYPE OF HOUSING Housing that does not qualify for other City funds or due to timing is unable to wait until next relevant application round LEARN MORE / APPLY icgov.org/AffordableHousing Regulatory Incentives Administered by Neighborhood and Development Services Ҍ Increased building height may be granted for affordable housing projects in Riverfront Crossings zones. Ҍ Density bonuses, adjustments to zone standards and building type standards may be granted for affordable housing projects within Form-Based zones. The Form-Based zones and standards were created in conjunction with an update to the South District Plan and may be applied in this area. Ҍ Within the PRM zone, dwelling units committed to the City’s assisted housing program or some other affordable housing program approved by the City (not to exceed 30% of all units) may request a height increase, setback reduction, and/or increase in building coverage. INCOME MAXIMUM Varies TYPE OF HOUSING Owner LEARN MORE / APPLY Contact Urban Planning at 319-356-5251 Tax Exemption for Affordable Rental Housing Administered by City Manager’s Office, Economic Development Coordinator Letter of interest and project information required for consideration (sources and uses of funds, project description, rent structure, timeline and proposed elevations must be included). Ҍ 40% tax exemption (includes all property tax - City, County and School District) for 10 years, provided on all units in a residential development of over six units. Ҍ Rent for the affordable units is limited to what a household at 40% of median income can afford minus the estimated utility allowance for tenant paid utilities. Ҍ Approval process may take 3-4 months. Exemption must be approved prior to construction. INCOME MAXIMUM At least 15% of total units leased to households under 40%MI TYPE OF HOUSING Multi-family new construction of at least 6 or more rental units by a for-profit entity (includes LIHTC projects) LEARN MORE / APPLY Contact Economic Development at 319-356-5248 Additional Resources/Guidance from HUD to Develop Affordable Housing: Ҍ A Primer on Affordable Housing Development and Key Funding Sources — bit.ly/AH-Primer-and-Funding-Sources Ҍ Quick Guide to Using HUD’s CPD Programs — bit.ly/HUD-CPD-QuickGuide Ҍ COVID-19 Homeless System Response — bit.ly/COVID-System-Response IOWA CITY AFFORDABLE HOUSING Financial Assistance for Homeowners and Renters PROGRAM / FORM OF ASSISTANCE INCOME MAXIMUM HOUSING TYPE LEARN MORE / APPLY Down Payment Assistance 80% MI Owner icgov.org/DPA Healthy Homes Program 80% MI Owner 60% MI Rental Owner or Rental icgov.org/HealthyHomes Historic Preservation Grants and No-Interest Loans 140% MI Owner Owner icgov.org/HistoricPreservationResources Housing Rehabilitation Programs 80% MI - CDBG/HOME 110% MI - GRIP Owner (including mobile homes)icgov.org/HousingRehab Iowa City Housing Authority Programs 50% MI - Vouchers 80% MI - Public Housing Rental icgov.org/ICHA Rent Abatement for Emergency Orders Policy N/A Rental Housing Inspection Services - 319-356-5135 Residential Energy Efficiency Incentives 80% MI Owner Climate Action & Outreach - 319-887-6161 Root for Trees N/A Owner or Rental (owner must apply)icgov.org/Root4Trees Security Deposit Assistance 50% MI 30% MI preferred Rental BuiltByCommunity.org/FinancialSupport South District Affordable Home Program 80% MI Owner icgov.org/SouthDistrict Utility Discount Program for Income Eligible Customers Must be in an income qualified program Owner or Rental Revenue Division - 319-356-5066 Affordable Housing Program Overview and Eligibility Income Thresholds - Area Median Income Limit (MI) Based on Household Size (Total income of all adult members of household) Effective 6/15/2022 (updated annually) HOUSEHOLD SIZE 30% MI 50% MI 60% MI 80% MI 100% MI 110% MI 140% MI 1 $22,900 $38,150 $45,780 $61,050 $76,300 $83,930 $106,820 2 $26,200 $43,600 $52,320 $69,800 $87,200 $95,920 $122,080 3 $29,450 $49,050 $58,860 $78,500 $98,100 $107,910 $137,340 4 $32,700 $54,500 $65,400 $87,200 $109,000 $119,900 $152,600 Down Payment Assistance Neighborhood and Development Services is partnering with GreenState Credit Union to increase homeownership opportunities for households that don’t meet traditional financial parameters. GreenState will provide 30-year fixed mortgages and offer flexibility in credit, assets, and job tenure in consideration of mortgage approval. Ҍ Potential buyers will receive homebuyer education and financial counseling through Horizons at no cost. Ҍ The City will provide up to $15,000 in down payment assistance using federal CDBG/HOME funds. Ҍ Buyer must qualify for financing through GreenState for the cost of the home not covered by the down payment assistance. Ҍ Buyers must contribute a minimum of $250 of their own funds for downpayment or closing costs and show two months of housing payments in reserves (savings that will be available after the closing in case of emergency). Ҍ Homes must be in Iowa City’s corporate limits and in low-income census tracts bit.ly/DPAmap. INCOME MAXIMUM 80% MI TYPE OF HOUSING Owner LEARN MORE / APPLY Contact a GreenState lender and complete a mortgage application. View participating lenders at icgov.org/DPA. Healthy Homes Program Administered by Neighborhood and Development Services Ҍ Assists residents with a diagnosed lung disorder such as asthma or COPD to make improvements to their home that improve indoor air quality. Ҍ Eligible projects might include repairing plumbing to stop moisture damage, adding or replacing an air conditioner to control moisture and air quality, or replacing carpeted areas with luxury vinyl plank flooring to reduce allergens. Ҍ Assistance is provided as a grant for up to $7,500 per household. Ҍ Preference is given to households with a child who has been diagnosed with asthma. Ҍ The program is offered in partnership with the University of Iowa College of Nursing, which provides health education to applicants to self-manage their condition and maintain a healthy home. The Iowa City Free Medical Clinic also partners with the program to provide smoking cessations programs to those interested and mattress encasements when needed. Ҍ If the home is a rental, improvements must be approved by the owner and the owner shall sign an agreement to not increase rent for two years. INCOME MAXIMUM 80% MI Owner 60% MI Rental TYPE OF HOUSING Owner or Rental LEARN MORE / APPLY icgov.org/HealthyHomes Affordable Housing Program Details Historic Preservation Grants and No-Interest Loans Administered by Neighborhood and Development Services Ҍ City annually allocates $40,000 for historic preservation grants. Ҍ Provides grants up to $5,000 (50% of the project cost) for the rehabilitation and preservation of the exterior architectural features of the property for owner-occupied homes. Ҍ Provides loans up to $5,000 (50% of the project cost) for landlords and owners with an income over 140% MI for the rehabilitation or preservation of the exterior architectural features of the property. Ҍ Non-historic properties are not eligible. Must be in a historic district, conservation district or a local landmark. GRANTSINCOME MAXIMUM 140% MI Owner TYPE OF HOUSING Owner LOANS INCOME MAXIMUM N/A TYPE OF HOUSING Owner or Rental LEARN MORE / APPLY icgov.org/ HistoricPreservationResources. Housing Rehabilitation Programs Administered by Neighborhood and Development Services Ҍ Housing rehabilitation programs help to maintain the City’s affordable housing stock and preserves neighborhoods. Ҍ Rehabilitation programs include energy efficiency, emergency repair, exterior repair, accessibility, mobile home repair or other comprehensive rehabilitation. Funding is available through federal Community Development Block Grant (CDBG) and HOME Funds, and/or City general funds. Ҍ CDBG/HOME funds zero-interest loans, up to $24,999, to income-eligible homeowners to aid in making repairs to their homes. For homes in a CDBG targeted area (link), 50% is a forgivable loan/grant. Mobile home assistance, up to $5,000, is available as a grant for income qualified owners who have the title to the home. Ҍ The General Rehabilitation and Improvement Program (GRIP) provides low-interest loans, up to $40,000, for owners who have a slightly higher income or wish to do a project that is not eligible under the federal regulations, such as a garage addition. Ҍ Sustainability and energy efficiency are considered in each project including a Free Home Energy Assessment from the Green Iowa AmeriCorps. INCOME MAXIMUM 80% MI - CDBG/HOME 110% MI - GRIP TYPE OF HOUSING Owner, including mobile homes LEARN MORE / APPLY icgov.org/HousingRehab Iowa City Housing Authority Programs Administered by the Iowa City Housing Authority HOUSING CHOICE VOUCHER PROGRAM (SECTION 8) Ҍ Increases affordable housing choices for elderly persons, persons with disabilities and low-income working families. Ҍ Operates in Johnson County, Iowa County, and Washington County, north of Hwy 92. Ҍ Participants choose and lease safe, decent, affordable privately owned rental housing. Ҍ Rent is based on 30% of the household’s income. Ҍ Tenants pays their portion of rent to the landlord. The Housing Authority pays the remainder to the landlord based on the Housing Assistance Payment (HAP) contract. Ҍ Currently serving applications from 2019. Ҍ Family Self Sufficiency Program available to assist participants in building savings to achieve goals related to housing stability. Ҍ Includes assistance dedicated to serving veterans, households with disabling conditions, and households experiencing homelessness. PUBLIC HOUSING Ҍ The City owns 86 public housing units scattered throughout Iowa City, including 1, 2 and 3-bedroom units. Ҍ Rent is based on 30% of the household’s income. Ҍ Current waitlist is approximately one year. CITY-OWNED HOUSING Ҍ The City owns 16 units for affordable housing for those at 60% MI. Ҍ Rent is capped at the HOME Fair Market Rent. For these units, rent is NOT based on the household’s income. INCOME MAXIMUM 50% MI - Vouchers 80% MI - Public Housing TYPE OF HOUSING Rental LEARN MORE / APPLY icgov.org/ICHA Rent Abatement for Emergency Orders Policy Neighborhood and Development Services must issue the rent abatement order. Ҍ Rent abatement is an enforcement tool used to protect tenants from the financial impact of property owners not addressing housing code violations. Ҍ Rent abatement is used when property managers have been negligent in addressing housing code violations such as no rental permit and loss of a critical service such as heat or water. Please note: Rent abatement must be initiated by the City’s Senior Housing Inspector. It is important that tenants don’t stop paying rent unless they have a written rent abatement notice issued by the City as they risk eviction for non-payment of rent otherwise. INCOME MAXIMUM N/A TYPE OF HOUSING Rental LEARN MORE / APPLY Contact Housing Inspection Services at 319-356-5135 Residential Energy Efficiency Incentives Administered by Sustainability Services (Climate Action & Outreach) Ҍ Free home energy audit, 100% grant on attic insulation, 100% grant on electric panel upgrade, 80% grant on air-source heap pump HVAC. INCOME MAXIMUM 80% MI TYPE OF HOUSING Owner LEARN MORE / APPLY Contact Climate Action & Outreach at 319-887-6161 Root for Trees Administered by Sustainability Services (Climate Action & Outreach) Ҍ 50% tree voucher for all Iowa City residents up to a total cost of $125. Vouchers taken at participating Iowa City locations. Ҍ 90% tree voucher if income qualified. Ҍ Vouchers valid from Sept. 15, 2022 to May 15, 2023, while supplies last. Ҍ Tree must be planted on the purchaser’s private property, not the City’s right-of-way. For residents who want to plant the tree in the Right-of-Way, a no-fee permit requires City approval before purchasing tree. Ҍ Tree vouchers not eligible for maple and pear trees. INCOME MAXIMUM N/A TYPE OF HOUSING Owner must apply. Resident can be owner or rental. LEARN MORE / APPLY icgov.org/Root4Trees Security Deposit Assistance Security Deposit Assistance is administered through CommUnity Crisis Services and Food Bank. Ҍ $70,000 is allocated annually to Security Deposit Assistance. The project is administered through CommUnity Crisis Services through June 2025. Ҍ Maximum assistance is limited to the amount of the required security deposit. INCOME MAXIMUM 50% MI (30% MI preferred) TYPE OF HOUSING Rental LEARN MORE / APPLY Call CommUnity Crisis Services at 319-351-0128 to schedule an appointment, or visit during walk- in hours (M-F 11 AM to 1 PM) at 1121 S. Gilbert Court, Door #2. Details at BuiltByCommunity.org/ FinancialSupport South District Affordable Home Program Neighborhood and Development Services administers these funds. Ҍ The City purchases duplexes in the Taylor Drive/Davis Street area. The homes are rehabilitated and sold to income eligible homebuyers, with preference given to residents of the neighborhood. Ҍ $35,000 is provided as a forgivable loan. If the buyer remains in the home for 10 years, it is forgiven. Ҍ Buyers are also eligible for up to $25,000 in HOME downpayment assistance based on HUD underwriting requirements. These funds are also forgiven if the owner remains in the house for 10 years. Ҍ Buyers must complete a homebuyer financial counseling course through a HUD certified program. Horizons provides this service in the Iowa City area. The City pays the fee for income qualified applicants. Ҍ The final amount the homebuyer needs to finance is approximately $80,000 to $100,000 based on the amount of rehabilitation invested in the home. INCOME MAXIMUM 80% MI TYPE OF HOUSING Owner LEARN MORE / APPLY icgov.org/SouthDistrict Utility Discount Program for Income Eligible Customers Revenue Division administers this program. Ҍ 60% discount of minimum water and sewer charges, 60% of monthly storm water charge, and 75% of the refuse and recycling charges each month. Must apply annually. Ҍ To be eligible must be participating in at least one of the following: SSI (Supplemental Security Income), SSDI (Social Security Disability Insurance), FIP (Family Investment Program), Title XX (Childcare Assistance), Food Assistance, or receive the elderly tax credit on your real estate tax or State Rent disbursement. INCOME MAXIMUM Must be participating in an income qualified program TYPE OF HOUSING Owner or Rental LEARN MORE / APPLY Contact the Revenue Division at 319-356-5066 Date: February 15, 2023 To: Planning & Zoning Commission From: Anne Russett, Senior Planner, Neighborhood & Development Services Re: Proposed Planning & Zoning Commission Bylaw Amendment Regarding Public Participation At the Planning and Zoning Commission’s December 7, 2022 meeting, the Chair proposed reviewing the procedural rules adopted by the City Council for public meetings. The members of the Commission agreed to evaluating these procedures and considering applying them to the Planning and Zoning Commission. City Council recently adopted Public Participation rules for their meetings. These rules cover items such as time limits on public comments, conduct of those providing testimony, and consequences of failing to follow the rules. Staff has reviewed these rules and modified them to suit the Planning and Zoning Commission context. [See Attachment 2 for the draft by-law amendments]. Highlighted below are two Council procedural rules that differ from how Planning and Zoning Commission meetings have typically been conducted: 1. The Council procedures limit the length of testimony to three minutes. Standard practice at Commission meetings has been to allow for five minutes. (See Article IX, Section 3 of the draft bylaws) 2. The Council procedures allow persons to address each agenda item only once. Standard practice at Commission meetings has been to allow a second round if all interested persons have been given an opportunity to speak first. (See Article IX, Section 5 of the draft bylaws) Additionally, in reviewing the bylaws, staff noticed a provision related to preparing a biannual report to the City Council. See Article VII. Hearing, Section 1 Comprehensive Plan. In addition to discussing changes to the bylaws related to public participation, staff recommends examining this provision, as well. Pursuant to the by-laws, once the Commission approves an amendment, they are then forwarded to the City Council for their approval. Attachments 1. Draft Planning & Zoning Commission Bylaws DRAFT February 15, 2023 BY-LAWS Iowa City Planning and Zoning Commission ARTICLE I. AUTHORITY: The Iowa City Planning and Zoning Commission shall have that authority which is conferred by Chapter 414 of the Code of Iowa, Title 14, City Code, City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE II. PURPOSE: The purpose of the by-laws stated herein is to provide for the general welfare of the citizens of Iowa City by establishing a Planning and Zoning Commission to advis e the City Council on all matters pertaining to the physical development and the Comprehensive Plan of Iowa City. ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Planning and Zoning Commission shall consist of seven (7) members appointed by the City Council. All members of the Commission shall reside within the City limits of the City of Iowa City, Iowa. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Commission business. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the City Zoning Chapter and subdivision regulations, by-laws, and other documentation that would be useful to Commission members in carrying out their duties. They shall also be given an orientation briefing by the City staff and the Commission as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a Commission member from regular formal meetings may result in a recommendation to the City Council from the Commission to discharge said member and appoint a new Commission member. Section 5. Vacancies. Any vacancy on the Commission because of death, resignation, long- term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. Section 6. Terms. Members shall be appointed for terms of five years, with terms expiring on July 1. Not more than one-third of the terms may expire in any one year. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resignations. Resignations should be submitted in writing to the Mayor with a copy to the City Manager, Director of Planning and Community Development and Chairperson of Planning and Zoning at least 60 days prior to the date of intended departure. 2 ARTICLE IV. OFFICERS: Section 1. Number. The officers of this Commission shall be a Chairperson, Vice- Chairperson, and Secretary, each of whom shall be elected by the members of the Commission. Section 2. Election and Term of Office. Officers of the Commission shall be elected annually at the first regular meeting in February each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Secretary. The Secretary shall have the responsibility of insuring that the Commission's minutes are accurate and are circulated as prescribed. The Secretary, in the absence of the Chairperson and Vice-Chairperson, shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. MEETINGS: Section 1. Regular Meetings. Regular formal meetings of this Commission shall be held twice monthly whenever possible. Section 2. Special Meetings. Special meetings of the members may be called by the Chairperson and shall be called by the Chairperson or Vice-Chairperson at the request of three or more members of the Commission. Section 3. Place of Meetings. Regular formal meetings shall be in a place accessible to persons with disabilities. Section 4. Notice of Meetings. Notice of regular and special meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings. The news media shall be notified by staff as required under Iowa Code Chapter 21. Section 5. Quorum. A majority of the members of the Commission shall constitute a quorum at any meeting. Section 6. Proxies. There shall be no vote by proxy. 3 Section 7. Public Discussion. Time shall be made available during all regular formal meetings for open public discussion. Section 8. Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 9. Exparte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact prior to staff report, naming the other party and sharing specifics of the contact, copies if in writing or a synopsis if verbal. Section 10. Conflict of Interest. A member who believes they have a conflict of interest on a matter about to come before the Commission shall state the reason for the conflict of interest, leave the panel of Commissioners before the discussion begins, shall not participate in the discussion and may return to the panel after the vote. Section 11. Voting. A majority (but not less than three) of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. A two-thirds vote of the members of the Commission present or not less than four votes shall be required in consideration of a substantial amendment to the Zoning Chapter and the adoption of the Comprehensive Plan or part or amendment thereof. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Commission, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 13. Roberts Rules of Order. Except as otherwise provided herein, Roberts Rules of Order as amended shall be used where applicable. ARTICLE VI. POWERS AND DUTIES: The City Planning and Zoning Commission, in addition to the powers conferred by Chapter 414 of the Code of Iowa, possesses the following powers established by Section 14-7A-1, City Code, City of Iowa City, Iowa: Section 1. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of such Commission bears relation to the Comprehensive Plan, and shall submit such plan to the Council with its studies and recommendations and it may publish the same. Section 2. To make recommendations for the location of public buildings, bridges, viaducts, street fixtures, public structures or appurtenances and the sites therefor, and the location or erection of statuary, memorials or works of art in public places. Section 3. To make recommendations upon plans, plats, or replats of subdivisions or resubdivisions in such city which show streets, alleys or other portions of the same intended to be dedicated for public use. Section 4. To make recommendations for street, park, parkway, boulevard, traffic way or other public improvements, or the vacation thereof. Section 5. To carry on comprehensive studies of present conditions and the future growth 4 of such city in order to guide and accomplish a coordinated, adjusted and harmonious development of such city in accordance with the present and future needs thereof to the end that the health, safety, order, convenience, prosperity and general welfare may be promoted. Section 6. To conduct public hearings upon the adoption of such comprehensive plan or any amendment thereto. Section 7. To prepare a zoning ordinance regarding the height, number of stories and size of buildings and other structures; the percentage of ground that may be occupied; the size of yards, courts and other open spaces; the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes and to this end shall prepare a preliminary report and hold public hearings thereon and after such hearings have been held, to submit its final report and recommendations to the City Council. Section 8. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications in the comprehensive plan prepared by it. Section 9. To do all things necessary or advisable in order to carry out the intent and purpose of this article and all other ordinances relating to the state as they now exist or as the same may be hereafter amended or supplemented. ARTICLE VII. HEARINGS: Section 1. Comprehensive Plan. Before the adoption or amending of any part of the Comprehensive Plan, the Iowa City Planning and Zoning Commission shall hold at least one public hearing thereon, notice of the time of which shall be given by one publication in a newspaper of general circulation in the municipality, not less than seven days or more than 20 days before the date of hearing. After adoption of said plan by the Commission, a copy shall be forwarded to the Council. If the plan, or any modification or amendment thereof, shall receive the approval of the Council, the plan, until subsequently modified or amended as authorized by this section, shall constitute the official city plan of Iowa City. After the City Council has adopted all or part of the Comprehensive Plan, the Planning and Zoning Commission shall: (a) Investigate and make recommendations to the City Council upon reasonable and practical means for putting into effect the Comprehensive Plan in order that it will serve as a pattern and guide for the orderly growth and development of the city. The measures recommended may include plans, regulations, programs, financial reports and capital budgets. (b) Prepare a biannual report to the City Council on the status of the plan and progress on its implementation. (c) Endeavor to promote public interest in and understanding of the comprehensive plan and regulations relating to it. (d) Consult with and advise public officials and agencies, public utility companies, and civic, educational, professional and other organizations, and citizens generally, on the implementation of the provisions of the Comprehensive Plan. 5 ARTICLE VIII. CONDUCT OF COMMISSION BUSINESS: Section 1. Agenda. The Chairperson, or a designated representative, together with staff assistance shall prepare an agenda for all regular Commission meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Commission members and the media prior to regular formal meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all regular formal meetings are to be prepared and distributed to Commission and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Commission shall review all policies and programs of the City, relating to the Commission's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission will initiate consideration of each item at the next regular Commission meeting and shall notify Council of its disposition. Section 5. Attendance at Council Meetings. The goal of the Commission is to have at least one representative at each regular formal meeting of the City Council. It is the responsibility of the Chairperson to designate the method by which this goal is achieved. The Chairperson or designated representative may also be requested to attend informal Council sessions at which matters pertaining to the Commission's responsibilities are to be discussed. Section 6. Annual Report. An annual report detailing the activities of the Commission shall be prepared by the Chairperson, approved by the Commission, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Commission including composition, duties, and terms shall be designated by the Chairperson. ARTICLE X. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than four members of the Commission at any regular meeting or at any special meeting called for that purpose. Amendments shall be approved by the Council to become effective. Article IX. PUBLIC PARTICIPATION: Section 1. Public’s Right to Address Commission. Persons other than Commissioners shall be permitted to address the Commission only upon specific Agenda items, and only at Formal Commission meetings. No public comment is allowed at Commission Work Session meetings unless the person(s) is directly invited by the Commission Chair or a majority of Commission. 6 Section 2. Manner of Addressing Commission. At each Formal Commission meeting, a person desiring to address the Commission shall step to the podium, state their name, the city or town where they reside, and any group they represent, and speak clearly into the microphone. They shall also legibly write their full name and city or town of residence on the speaker log. At all public hearings, each speaker who has a special right to object by virtue of their address shall be required to provide their address and group affiliation, if any. If electronic participation in the meeting is permitted by Commission, the person shall use the prescribed method for comments. Section 3. Time Limit on Public Comments. Persons wishing to address the Commission shall be limited to no more than three minutes speaking time per Agenda item on which the public is allowed to speak, unless additional or less time is determined by the Chairperson, based on the number of persons wishing to speak and/or the length of the Commission meeting. Total public input on any agenda item can be further limited to a fixed period by the Chairperson. A majority vote of the Commission may alter the time limitations of this rule. Applicants and/or their representatives shall not be subject to this time limitation but may instead have reasonable time limits imposed by the Chairperson. Section 4. Public Comments to Be Germane. Public comments must relate directly to the subject under consideration. The Chairperson shall rule on the germaneness of public comments. While the Commission absolutely respects the public’s First Amendment rights when addressing the Commission, speakers are most persuasive when they make substantive arguments supported by facts. Persons making non -germane remarks during any portion of the meeting or engaging in any action that impedes the orderly conduct of a Commission meeting shall not be recognized by the Chairperson during the remainder of the meeting. To ensure the meeting is conducted orderly and free from interference or interruption, the Chairperson is vested with exclusive discretion to review and determine whether remarks or actions meet any prohibited terms of this rule. Arguing with the Chairperson about any determination will be considered per se disruptive. Section 5. Rules of Conduct. The following rules are adopted for the conduct of those attending Commission meetings: • Only persons recognized by the Chairperson will be allowed to speak . The Commission wishes to hear from members of the public as part of respectful, civil debate and ensure that members of the public do not feel bullied or intimidated. These rules are intended to promote an orderly and dignified system of conducting a public meeting, to give every interested person an opportunity to be heard without being chilled from doing so, and to ensure that no individual is deprived of their right to petition their government. • All remarks must be addressed to the Commission as a body, and not toward any City employee or Commissioner individually. • Public comment is intended so that members of the public may be heard by the Commission. To comply with open meetings laws and proper meeting procedure, the Commission cannot engage in discussion or debate until the appropriate time for Commission discussion. However, once the commenter has left the podium, Commissioners may ask staff to respond to a concern or question posed by the public, or to follow up with the speaker. • Persons may address each agenda item only once. • Organized groups that wish to make a presentation longer than the public comment period time allowed may consolidate the speaking time of persons who are present and willing to give up their speaking time on the subject agenda item. 7 Said consolidation may result in no more than six minutes of speaking time for any single speaker. • No person shall be permitted to enter the demarcated area in front of or behind Commissioners without the permission of the Chairperson. Section 6. Failure to Follow Commission Rules. To enable the Commission to transact the business of the City and conduct efficient meetings, persons other than Commissioners who violate these rules and/or fail to follow the direction of the Chairperson on more than one occasion during a Commission meeting shall face sanctions, including the following: • A verbal warning; or • Not being recognized to speak at the remainder of the meeting; or • Being directed to leave the meeting; or • Being suspended from attending one or more subsequent Commission meetings. The Chairperson is empowered to make the determination of when violations have occurred, and to impose the appropriate sanction, which will normally be progressive in nature. Steps may be skipped if the violation is sufficiently egregious. Failure to adhere to sanctions imposed are grounds for additional sanctions. MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION JANUARY 18, 2023 – 6:00 PM – FORMAL MEETING EMMA J. HARVAT HALL, CITY HALL MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Susan Craig, Maggie Elliott, Mike Hensch, Maria Padron, Mark Signs Billie Townsend, Chad Wade Sara Hektoen, Anne Russett, Parker Walsh Brian Boelk, Mark Holtkamp, Dan Hyer, Kevin Hanick RECOMMENDATIONS TO COUNCIL: By a vote of 5-0 the Commission recommends approval of REZ22-0016, a proposal to rezone approximately 2.04 acres located south of the N Dodge St and N Scott Blvd. intersection from Commercial Office Zone (CO-1) to Community Commercial Zone with a Planned Overlay Development (OPD/CC-2) and approximately 1.83 acres from CO-1 to Low-Density Multi-Family Residential Zone with a Planned Overlay Development (OPD/RM-12) subject to the following conditions: 1.Prior to the issuance of building permit, Owner shall: a.Obtain approval of a landscape plan by the City Forester which includes the N. Dodge St and Scott Blvd public right-of-way. Any trees within the public right-of-way that are removed due to construction shall be replanted and located according to the approved landscape plan. b.Dedicate a public access easement over any pedestrian facilities adjacent to the Scott Blvd public right-of-way that provide connectivity to public sidewalks. 2.Prior to issuance of a certificate of occupancy, Owner shall: a.Install a right turn lane along Scott Blvd, subject to approval by the City Engineer. b.Install a pedestrian crossing with a refuge island on the southside of Dubuque Rd and Scott Blvd, subject to approval by the City Engineer. 3.No vehicular access shall be allowed onto N. Dodge Street. CALL TO ORDER: Hensch called the meeting to order at 6:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. CASE NO. REZ22-0016: Location: Southern corner of N. Dodge St. and N. Scott Blvd. An application for a rezoning of approximately 2.04 acres of land from Commercial Office Zone (CO-1) to Community Commercial Zone with a Planned Development Overlay (OPD/CC-2) and approximately 1.83 acres from CO-1 to Low Density Multi-Family Residential with a Planned Development Overlay (OPD/RM-12). Planning and Zoning Commission January 18, 2023 Page 2 of 13 Walsh began the staff report with an aerial noting nearby properties are the fire station, Iowa City Community School District and some residential to the north and the south. For background he stated the property was rezoned from Research Development Park to Commercial Office zone in 2008 to accommodate a corporate office building and a bank. A conditional zoning agreement followed the rezoning with conditions related to substantial compliance with the approved concept plan, vehicular access points located as shown on the concept plan, landscaping requirements along North Dodge and elevations and building materials specifications. Walsh showed an image of the approved concept with the proposed building at the North Dodge and Scott intersection, with parking being the remainder of the lot. The current zoning would be able to provide for areas of office functions, compatible business, apartments and certain public and semipublic uses. Drive-throughs are limited to financial institutions, eating establishments require a special exception and retail services would not be allowed. The current conditions of the site are subject to the CZA and the approved concept plan as previously shown. The proposed zoning would be for 2.04 acres to Community Commercial with a Planned Development Overlay, which could provide for business districts to serve the community, a variety of retail services and this is typically located near large areas of traffic generation. Drive-throughs and multifamily residential would be allowed through a special exception and subject to specific approval criteria. Additionally, 1.83 acres are proposed to be rezoned to low density multifamily residential with the planned development overlay, which could provide more diverse housing options to the neighborhood, high density single family housing and low density multifamily housing. Walsh showed the preliminary planned development overlay plan which shows two commercial lots at the intersection, one being the proposed eating establishment, the mixed-use building, nine proposed detached single-family dwellings and then the pedestrian connection which connects the residential site to the commercial site as well as to Scott Boulevard and the proposed crossing from Scott Boulevard to Dubuque Street. Walsh next discussed the planned development approval criteria and how the proposed development fits in with the policy vision of the City. Starting with density and design and how it's compatible with additional development, the maximum density allowed in the proposal zoning would be 15 dwelling units per acre and what is currently being proposed is 4.39 dwelling units per acre. The land uses proposed would concentrate commercial uses near the intersection and along arterials, being an eating establishment and a mixed use building with eight units and the ground floor restaurant as indicated by the applicant, and also the nine attached single family units for a total of 17 dwelling units and an outlot for stormwater retention. Regarding the mass scale, the general layout of the site again concentrates the commercial uses near the intersection of North Dodge and Scott and along arterial roads. The mixed use will be larger in scale, but not to exceed the 35-maximum height per City code. All development will be set back 40 feet along arterials and the parking areas will be screened to at least the S2 screening requirement and located behind the principal buildings. The attached single family will provide a transition from the single family to the south. Regarding traffic circulation, Walsh noted there are two access points repurposed off Scott Boulevard and the uses will be separated and have separate access points. The traffic study considered proposed locations to be optimally located, spaced and sized and staff has recommended the following conditions. (1) Install the right turn lane along Scott Boulevard subject to approval by City engineer, (2) add a pedestrian crossing with refuge island on the south side of Dodge Street to Dubuque Road, and (3) dedicate a public access easement over any of the pedestrian facilities adjacent to Scott Boulevard public right-of-way that provide Planning and Zoning Commission January 18, 2023 Page 3 of 13 connectivity to public sidewalks. City water and sewer are available on the subject property and the study found the development would function at an acceptable level of service B or C during peak hours. Staff is recommending the following condition, that the trees removed from the right- of-way shall be replaced as part of the approved landscape plan by the City Forester. Staff does not feel this development will adversely affect the use, property values or privacy of surrounding properties as the proposed development provides a transition of uses and the townhomes will act as a buffer from the single family to the south. The commercial uses to the north and east will be separated by North Dodge Street and Scott Boulevard from residential uses and the western property will be separated by remaining woodlands as well as the outlot so staff finds that this development will not impact neighboring residents any more than a conventional development. Walsh stated this development does not propose any waivers to the underlying zoning code, however since the application proposes commercial uses such as eating establishments to support residents and travelers, and it also proposes a mix of housing options, some special exceptions will be needed. Moving onto the Comprehensive Plan, the Future Land Use Map does identify the subject property suitable for public and private open space but the Future Land Use Map is more intended as a general guide and the neighborhood design principles should be considered when interpreting the land use map as alternatives may apply. The subject property is also located in the Northeast District Plan but it's not included in the Northeast District Plan Future Land Use Map. Taking a closer look at neighborhood design principles Walsh started with compatible infill, which notes “infill plays an important role in neighborhood investment and infill development should add diversity of housing, avoid overburden infrastructure, and be compatible to existing neighborhoods”. Another principle is diversity of housing, which encourages the mix of housing for more opportunities for singles, couples, families and elderly. Looking at affordable housing, although there is no income restricted affordable housing that applies to this subject property, a mix of housing types would allow for more moderately priced housing options in the neighborhood and affordable housing also encourages small scale multifamily on corner lots and along arterials, apartments located above commercial, townhomes mixed with single family and development of smaller lots to conserve land. For the principle of neighborhood commercial areas, they are intended to provide a focal point for neighborhoods such as restaurants and shopping centers, which are in convenient walking distance for residents. Stores are to be located close to the streets with rear parking and incorporating apartments above shops. The last principle is the pedestrian and bicycle connections which encourages pedestrian accessibility to important neighborhood destinations such as shopping centers, provide pleasant streetscape and building setbacks that ensure safety and are appealing. The Comprehensive Plan goals and strategies that also apply would be land use, housing, transportation, environmental, and these goals provide more detail and action based on the neighborhood design principles. Finally, regarding sensitive areas, Walsh stated the preliminary sensitive areas development plan shows the impact to more than 35% of critical slopes, a 75% impact is being proposed to critical slopes so a Level II Sensitive Areas Review will be required by the Commission and City Council. Additionally, the following revisions will need to be made to the preliminary OPD plan prior to site plan approval or building permits. As noted by Public Works attached single family lots three through seven are located too close to proximity to the sanitary sewer easement and Planning and Zoning Commission January 18, 2023 Page 4 of 13 infrastructure and the applicant has been in touch with Public Works to address this. Additional comments include general landscaping and code requirements. Staff received two pieces of correspondence related to this application. The concerns expressed are related to traffic, the fire station access and commercial uses. Staff recommends approval of REZ22-0016, a proposal to rezone approximately 2.04 acres located south of the N Dodge St and N Scott Blvd. intersection from Commercial Office Zone (CO-1) to Community Commercial Zone with a Planned Overlay Development (OPD/CC-2) and approximately 1.83 acres from CO-1 to Low-Density Multi-Family Residential Zone with a Planned Overlay Development (OPD/RM-12) subject to the following conditions: 1. Prior to the issuance of building permit, Owner shall: a. Obtain approval of a landscape plan by the City Forester which includes the N. Dodge St and Scott Blvd public right-of-way. Any trees within the public right-of-way that are removed due to construction shall be replanted and located according to the approved landscape plan. b. Dedicate a public access easement over any pedestrian facilities adjacent to the Scott Blvd public right-of-way that provide connectivity to public sidewalks. 2. Prior to issuance of a certificate of occupancy, Owner shall: a. Install a right turn lane along Scott Blvd, subject to approval by the City Engineer. b. Install a pedestrian crossing with a refuge island on the southside of Dubuque Rd and Scott Blvd, subject to approval by the City Engineer. 3. No vehicular access shall be allowed onto N. Dodge Street. Following the recommendation of the Planning and Zoning Commission, the anticipated timeline would be on February 7 Council sets public hearing for February 21 and first consideration. Hensch noted under the existing zoning CO-1 it seems when comparing and contrasting the CO- 1 with what the requested zoning there are a lot of similarities, they could have apartments with both zonings, they could have restaurants by special exception on the CO-1 and drive-through banking, but with this zoning they could have a drive-through restaurant. He asked what the allowable height in a CO-1 zone is compared to this requested zoning. Parker replied that would be 35 feet in a commercial zone but there's opportunities to increase that. Hensch also noted with this application the density is actually less than the current zoning and is that correct for dwelling units per inch. Parker confirmed that was correct. Hensch questioned that on one side of the applicant area the zoning requires the landscaping to be at least S2, why not just say S3 on all the sides or is just the S3 for the Dodge Street side. Parker explained the S3 requirement is a code requirement under commercial site development standards for when across the street from residential properties the parking areas must be screened to the S3. So since there's residential existing across North Dodge Street, that parking area must be screened to at least S3 and that property abutting North Dodge Street would be S3 but the property of abutting Scott Boulevard would be S2 according to code. Hensch asked if they moved the townhouses back to comply with the distance from the easement it that possible because of the landscape or topography changes going back into that outlot. Parker noted the applicant has been in contact with public works and will be able to touch Planning and Zoning Commission January 18, 2023 Page 5 of 13 on that subject. Signs asked what the level two sensitive areas review would entail. Parker explained that would be review by the Planning and Zoning Commission as well as City Council opposed to just administrative review. Russett added that the level two sensitive areas review is what triggers the plan development overlay rezoning. Hensch asked if in these sensitive areas they’re just talking about critical slopes and no wetlands. Parker confirmed that was correct. Padron asked if they have any feedback from the fire department about this application. Parker confirmed the fire department indicated that there is no issue leaving the site and they had no concerns. They also have their own system to control the streetlights as necessary. Elliott noted the report from Anderson Boggart mentioned several sidewalk and pedestrian crossings that are not aligned and will be confusing and they also mentioned ADA issues, have those been resolved. Russett replied the traffic impact study was probably one of the first plans that they had seen and there were lots of issues that staff had with the pedestrian connections on site so they've done some back and forth with the applicant to ensure that there's connections between the site to public sidewalks and to the buildings, and they've addressed most of those concerns. She noted there will probably have to be some more tweaks prior to permitting. Regarding the ADA issue with the parking, they are providing pedestrian connections from those accessible parking spaces to the buildings. Craig had a question about traffic which seems to be one issue that people have and it seems like the first driveway is pretty much right across from North Dubuque Road, almost like an extension of North Dubuque Road, it's not obviously but that driveway is aligned with North Dubuque Road. The complication there is that there's that left turn lane onto North Dubuque Road that is for those going to ACT so is there going to be pedestrian access across there. Parker stated the only pedestrian access that the City is recommending at this time is the one which would provide the refuge island in the middle just down from North Dubuque Road. Padron also noted about that left turning lane that goes into ACT and wondered if that could be an issue and perhaps the City can make it so then people don't have to turn as the only option. Russett noted what staff is recommending is a right turn lane into the commercial property and traffic and transportation staff didn't have any issues with the second driveway at the at the townhouse section. Hensch opened the public hearing. Brian Boelk (Axiom Consultants) is representing the applicant as engineer and Mark Holtkamp is here as well as the developer and applicant to answer any questions. Boelk commended staff on their report, it was pretty thorough and relayed everything they’ve been working on. To highlight a few things, Boelk noted they feel it's certainly a really good infill project and an area that's been difficult to develop. They feel this is a really good fit for it based on use and sizes of buildings and everything else within those sensitive areas. It provides a really good transition as well on a highly visible corner. He noted traffic concerns have been continued to be discussed, there was a full traffic study report done and completed and approved by City engineering staff, Planning and Zoning Commission January 18, 2023 Page 6 of 13 Public Works and traffic staff. They adhered to all their requests in terms of the two different access points off on North Scott as well as the turning lane. Boelk noted they did talk to fire as well and they mentioned they have their own control for that signal so they didn't have any concerns with any possible additional traffic at the intersection. Hensch asked from their current concept, what are the building heights for the townhomes that are to the east. Boelk replied the townhomes will be two stories so 20-25 ft in height. Hensch asked also regarding the townhomes, the need for the setbacks for the encroachment on the easement, they are going to move those back. Boelk confirmed they have resolved that and have a revised plan that shows they are the required distance away from the sanitary sewer. They are actually creating a new easement that's wider than what is there now to better fit that sanitary sewer depth. They’ve worked through that with engineering and wastewater and public works and it still adheres to the arterial 40 foot setback. Craig noted there are traffic concerns, but they would be a lot more if you are entering and exiting off of Dodge. Signs asked if there is going to be a drive-through ATM kiosk as part of this. Boelk confirmed there will be a drive-through for the coffee shop on the north building and then a drive-through kiosk for an ATM for Green State Credit Union. Signs asked what is in the mixed-use building on the north end. Boelk noted that's actually a little hatchery showing the public open green space requirement. Signs asked if that building is going to be a commercial, will it be one story or two stories. Boelk stated the intent is commercial first floor and residential above because the intent right now is to have multiple housing types, apartments and townhomes on that site. Dan Hyer (41 Hickory Heights Lane) is here tonight with some of his neighbors and has spoken with several other neighbors and thinks they'll agree with everything that he is going to state today. The first issue is really to do with traffic, he’s read the commission's report and they don't anticipate additional heavy traffic, but he thinks a practical understanding of this area deems a different conclusion. The exact spot where the developers proposed to put the entrance to the strip mall is where the road really goes from two lanes to one and as one of the commissioners already stated, that is a quite dangerous area as it stands today, because there's merging happening. So, with the addition of the additional turn lane they will have merging happening from both directions and he thinks that poses a real risk due to the funneling of cars right at that area at the intersection. He has personally seen near accidents at that point and is sure everybody that's traveled in that remote area has seen accidents at that point as well. The other part is that the traffic coming south on Dodge Street backs up at rush hour almost all the way to the Travelodge because if someone does want to turn on the right lane, everybody backs way up at rush hour and then there are cars that go in the left lane to zoom around folks. That's an area that he thinks they're going to see a huge increase in the amount of traffic. He doesn’t believe the plans proposal of a right turn lane adequately solves this issue. The Commission's requirement that the development only enter from Scott Boulevard is also an issue and forcing cars to enter and exit the development from Scott is forcing cars onto Scott that do not need to be there. This results in a total of seven intersections within about a quarter mile strip on this part of Scott Boulevard, they have the Dodge/Scott corner intersection, the entrance and exit to the Planning and Zoning Commission January 18, 2023 Page 7 of 13 proposed commercial development, the two to one lane merge, the fire department exit, the entrance to ACT or North Dubuque Road, and the entrance and exit to the townhomes as well as the entrance and exit to Hickory Heights Lane. That is a huge amount of intersections and curb cuts in a very short span of road that is near a very, very busy intersection. Hyer’s second issue is really with the development itself and looking at the history it appears that the reason this was rezoned to commercial in the first place was because it was supposed to be a quiet bank branch. This obviously never happened and now they’re stuck with the outcome of this first rezoning change. However, the commercial zoning isn't good enough for the developer, they want to add multi story commercial and apartment buildings and they want to add two rows of townhouses. On top of that, they want to fill in this lot that looks over the ravine which is a huge fall off in this area. To overcome these challenges, they're going to put in a retaining wall and in turn what could be a thoughtfully designed entrance into Iowa City will end up looking like it belongs on the Coralville strip. This is one of the main entrances to Iowa City coming in from the north and is wildly out of character with what is seen on Scott Boulevard. There are townhomes on the other side of Dodge Street, but half as many and they're set off of the road and they blend into the woods. In contrast, there's really no way to blend this development into the natural surroundings. In closing Hyer noted he believes Scott Boulevard is a quite unique road in Iowa City with everything set far back off the streets, there are wide sidewalks, there's vegetation on both sides of the road and there's very few developments in this area but the ones that do exist all are far setback off of the road. The development proposed here does not really fall within that same setting as the other developments and would be out of place and he hopes the commission takes these concerns. Kevin Hanick (88 Hickory Heights Lane) first wanted to note in a matter of full disclosure he has worked with the engineering company before, Brian Boelk is a friend and Hanick was the developer of Oaknoll East further down Scott Boulevard. He noted they had to go through quite a rezoning process for that project and even further back when they developed Hickory Heights Lane, they had to go through the same kind of thing. He noted if they pull up the plat for Hickory Heights Lane and see all the lots there they’ll notice a dotted line around all those lots and that dotted line indicated that they couldn't go beyond there with any kind of development, no foundation, no buildings, no planters, or that kind of thing because there were sensitive and steep slopes. He wasn’t sure if they were technically protected slopes or if they were just noted as part of the development. One of his main concerns is that 2/3 or 3/4 of this whole development is in protected slopes or steep slopes and he can't imagine the amount of fill and the height of retaining walls that are going to be required to pull this off. He is also bothered by the traffic, he goes through those two lanes every day and now they are going to have three lanes and people often get in the wrong lane because they're not going to ACT and then they have to cut over or other times, it's very intentional and they want to put the gas on and get ahead of the traffic there, and he has seen accidents, fender benders are not uncommon there. If they are going to have three lanes, he’s trying to picture the person who got in the wrong lane cutting over while two more lanes of traffic and he sees it as a danger. It also bothers him that the access to the whether it's a coffee shop or a fast-food restaurant or whatever, is going to be on the corner and there is no dedicated lane to get to that drive-through. One has to go through parking lanes and a parking lot, and who's in a parking lot, pedestrians coming and going all the time. Where they come in to get to that lane they can't go straight in, they have to turn and go down a lane in order to circle around. Then add to that the people who might be going to the ATM. There is not a dedicated lane, so folks will be weaving their way through a parking lot which he thinks is ridiculous. Hanick also thinks that the plan itself has a lot of uncertainty to it, Planning and Zoning Commission January 18, 2023 Page 8 of 13 he doesn’t recall ever hearing a clear answer whether that second building, the mixed-use building, is going to be two stories of apartments or one story above the commercial. That's worth noting one way or the other. Also, there's no guarantee on who's going to live there and no guarantee on density like how many people can live in the townhouse. Therefore they don't really have a very clear calculation of how many people are going to be there. They also have said they’ve talked with the emergency people up there and they don't have any concerns, but Hanick has seen problems with the fire trucks getting out there, sometimes they do have to wait, as somebody pointed out at rush hour those lanes fill up and can be backed up for a long ways both ways. It just doesn't seem to fit. He was very surprised and disappointed that the staff was supporting this with all the problems that he thinks are there and would hope that the Commission would take a good look at some of these concerns. He also wants them to question the protected slopes and if they can go in and fill and build retaining walls and get rid of them. He doesn’t understand that. Hensch closed the public hearing. Signs moved to recommend approval of REZ22-0016, a proposal to rezone approximately 2.04 acres located south of the N Dodge St and N Scott Blvd. intersection from Commercial Office Zone (CO-1) to Community Commercial Zone with a Planned Overlay Development (OPD/CC-2) and approximately 1.83 acres from CO-1 to Low-Density Multi- Family Residential Zone with a Planned Overlay Development (OPD/RM-12) subject to the following conditions: 1. Prior to the issuance of building permit, Owner shall: a. Obtain approval of a landscape plan by the City Forester which includes the N. Dodge St and Scott Blvd public right-of-way. Any trees within the public right- of-way that are removed due to construction shall be replanted and located according to the approved landscape plan. b. Dedicate a public access easement over any pedestrian facilities adjacent to the Scott Blvd public right-of-way that provide connectivity to public sidewalks. 2. Prior to issuance of a certificate of occupancy, Owner shall: a. Install a right turn lane along Scott Blvd, subject to approval by the City Engineer. b. Install a pedestrian crossing with a refuge island on the southside of Dubuque Rd and Scott Blvd, subject to approval by the City Engineer. 3. No vehicular access shall be allowed onto N. Dodge Street. Craig seconded the motion. Padron would like to hear about the protected slopes, her initial thought is that she would like to support this development but is still concerned about the traffic. Would it be prudent to ask for a second traffic study with the more current plans. Hektoen asked staff to speak to the Code allowances with regard to slopes. Russett noted that there are no protected slopes on this property. There are steep slopes and critical slopes, both of which can be impacted. A steep slope is less than 25% grade, critical slope is the next one up and is between 25% and 40% and protected slopes are anything beyond 40% grade. Protected slopes cannot be impacted, but again there are no protected slopes on this site. Planning and Zoning Commission January 18, 2023 Page 9 of 13 Hench noted the City engineer has reviewed all this for traffic, did they do traffic study or did the City engineer just give an analysis for this applicant. Russett noted it was reviewed by staff and staff concurred with the traffic study. Signs asked again about the percentage of the slopes that were being impacted, and that critical slopes cannot be impacted more than 35% correct. Russett confirmed that was correct without a level II review. Signs noted he is struggling with this one, he likes the general nature of the development, the mix of it, and the effort to buffer with some residential between the residential areas. He is super concerned about the traffic and kind of blown away that traffic wasn't concerning. Having driven through there a lot he is a little concerned about heading left on Scott and there not being a left turn lane on northbound Scott going into that development because it is right where it goes from one to two lanes. He also was intrigued by one of the residents’ comments about why there isn't any right turn off of Dodge as that would seem like that would potentially alleviate a lot of the stress on that corner if they could get into the development from Dodge. He was a little surprised by the slope percentage because he can't recall a time when they've seen anything that impacted 75%. Hensch believes the addition at Lincoln School had to have been that high because of that hill but Signs noted that was a situation where they had an existing structure that needed to expand for community need He also had noticed the issue with the drive-through piece coming off of Scott into the parking lot, then having to jog through the parking lot to get to the drive-through lane and that does seem like a bit of a cluster and a safety issue for anyone who's parking there and potentially walking over to the to the commercial space or the residential space. He is also a little concerned about the potential of three stories of that commercial building, character-wise there just isn't anything quite like that along Scott Boulevard or even along North Dodge. Elliott stated she likes the infill and putting mixed housing on the lot that's there, that's already got the sanitary sewer in the street. She hears the concerns about the traffic and is uncertain about that. She does like the idea of different income levels being able to live in the area and it just seems like a good corner to have a coffee shop. Padron agrees with that and also that if they want people to use less cars they need to put more businesses in neighborhoods, so she is very supportive of that. Hensch is supportive of this for a couple of reasons. He thinks it's a good transition to the neighborhood to the east, the taller buildings will be on the corner right where they should be, then there is a little bit lower height for the townhomes before going to the single family residential to the east. He’s been on this Commission for eight years now and they've received several comments through the years of people very unhappy about the Hickory Hill subdivision and how it shouldn't even be there. It’s always interesting how people that are someplace then don't want somebody else to come next to them. He does find it interesting that under the CO-1 zoning, pretty much a lot of this development could have happened anyway, apartments, restaurants by special exception, a drive-through for banking, so this zoning actually has less density. The main reason he wants to support this and why he’s pretty supportive of anything with housing, is there is a real problem with affordable housing in Iowa City and one of the solutions is increasing the number of housing units available and a mix of housing types for people to be able to rent and own. If they keep not allowing housing to be built, then it seems Planning and Zoning Commission January 18, 2023 Page 10 of 13 disingenuous to complain about affordable housing on a multifaceted problem. Certainly more volume, more housing is not the only solution, but is part of the solution so he is in favor of this. He also understands the slopes can be a little confounding for people but that's why Iowa City has the ordinance they do and to make sure developers are in compliance with those ordinances. This Commission’s job is to evaluate does this follow the Comprehensive Plan, does this follow the current house zoning ordinances and he believes it does. As a former state trooper and a volunteer firefighter, he can say that every time you put people in cars together there's always going to be problems. There's no such thing as making things particularly safe because human nature is what it is, and people will always be in a hurry. They'll always be trying to cut people off, and there will always be accidents, so if the traffic engineers say this meets their criteria, then that is good enough. As far as the fire station, there's always problems getting out onto the roads, he’s seen the fire trucks sitting in the apron of the downtown fire station waiting for the traffic clear for them to get out, so there isn’t a solution for that. Anyway, he hears what everybody's saying and has empathy for some of it, but their job is does this comply with Comprehensive Plan, does this meet current zoning ordinance requirements, and in general is it good for the city of Iowa City, and he says yes for all three of those. Signs followed up on the comment about affordable housing, if they really want to go down that path then they need to as a community, as a council, as a commission, to really look at what indicates affordability, there's nothing that will guarantee that the residential units built on this property are going to be affordable. That term gets thrown around so much. Housing diversity can theoretically mean affordable, also folks vacating a lesser price home and purchasing a newer bigger home are contributing to affordability. But if as a community they want to really talk about affordable housing then they need to get serious about it and start mandating that, for example, the units on top of the of the commercial property there be affordable as to meet the criteria of true affordability. Signs is going to support this, he will say I told you so when the traffic problems develop down the road but will support this because it sounds like everyone else is willing to do that, but he has a lot of concerns about it. Hensch doesn’t want anybody to misconstrue, he never said the word affordability, if they want to solve the affordability housing crisis, this is one piece of it, he didn't imply that these are affordable, it's strictly a volume issue. Craig is supportive as well and the key reason is the infill to an empty lot that's sitting there not providing housing for anybody or opportunity. Right now it's not doing much for anybody and she likes to see infill. She also thinks it's way better to have that traffic there on Scott than on Dodge, and it's a thoughtful layout, moving down into the residential. A vote was taken and the motion passed 5-0. CONSIDERATION OF MEETING MINUTES: JANUARY 4, 2023: Craig moved to approve the meeting minutes from January 4, 2023. Padron seconded the motion, a vote was taken and the motion passed 5-0. Planning and Zoning Commission January 18, 2023 Page 11 of 13 PLANNING AND ZONING INFORMATION: Hensch noted staff was working with city attorney staff on some update of the rules for aligning with the council procedures. Russett confirmed that was correct. Signs would like the Commission to have a conversation about this affordable housing piece. Padron agrees because there's a lot of confusion with the term. When they say affordable, they need to look at different income levels and what is affordable for whom because if they consider a $2,000 rent affordable, who is that affordable for. Elliott asked isn't that out of their hands, it’s either set by the code or the City Council would have to pass an ordinance. Hensch stated they certainly can make recommendations to Council for them to consider an ordinance or ask them to bring it up. Signs noted he was driving through the Riverfront Crossings area and got to thinking about the form base code and all that stuff to help with the mix of properties and thinks there was an element of trying to find more affordable housing close to downtown but it seems like recently most of the Riverfront Crossings stuff has been expanding the Riverfront Crossings zoning into neighborhoods that weren't previously Riverfront Crossings so that someone could build a taller building and get exemptions and extra pieces and stuff like that. What really was the purpose of Riverfront Crossings to start with because while there is actually a lot development going on down there it’s starting to feel like nothing built is affordable, truly affordable units, and if that money's going into a fund where are those equivalent affordable units. Hektoen suggested putting this on an agenda for conversation and a reasonable next step would just be asking staff just to give an update on current affordable housing affordability initiatives that the City has. Craig would be interested in the fund and how much money is in there right now and what are the rules for spending it. One of her frustrations is time after time people are paying in lieu of affordable housing and yet no affordable housing is coming out of those payments that she can see. Padron would like to know if the developer gets a benefit for doing affordable housing, but then the apartments are affordable for 10 years and then they can go back into regular practice, perhaps that term might not be long enough. Craig noted the other thing she’s interested in hearing more about is she heard on the radio today that there's some interest in the majority in the Iowa legislature to address complexity of zoning codes, and that just makes it more expensive for people to build places. She would like to know what they're proposing and how it will affect Iowa City. Hensch stated there is a bill that's in subcommittee right now that would prohibit cities and counties from putting requirements on residential. Padron would also like to talk someday about the fire area ratios and building sizes and if the Planning and Zoning Commission January 18, 2023 Page 12 of 13 City could have a recommendation for residential areas. Perhaps they could see what other cities are doing. Russett stated they don't regulate that, they don't even do it for residential, it's just for commercial and they're actually trying to get away from it because it's not a good standard. She did note they are working on what they're calling their affordable housing code amendments right now, it's not necessarily to mandate income restricted units, but to look at the code and to figure out where they can make changes that would increase options, increase diversity, and increase supply, so staff can give an update on that as well. ADJOURNMENT: Elliott moved to adjourn, Signs seconded, a vote was taken and the motion passed 5-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2022-2023 7/6 8/3 9/7 10/19 11/2 11/16 12/7 12/21 1/4 1/18 CRAIG, SUSAN X X X X X X O/E X X X ELLIOTT, MAGGIE X X X X X X X X X X HENSCH, MIKE X X X X X X X X X X NOLTE, MARK O/E O/E O/E -- -- --- -- -- -- -- -- -- -- -- -- -- PADRON, MARIA X X X X X O/E X X X X SIGNS, MARK X X X X O/E O/E X X X X TOWNSEND, BILLIE X X X X X X X O/E X O/E WADE, CHAD --- --- --- --- X O/E X X X O/E KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member