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Home My WebLink About2018-10-16 OrdinanceItem Number: 11.a. + r ui �1 lat • yyrrmr�� CITY Ok 10WA CITY www.icgov.org October 16, 2018 Ordinance amending Title 14, Zoning Code of the Iowa City Code related to Public Art Fees in Riverfront Crossings (ZCA19-00002) ATTACHMENTS: Description 6tafl, Report P&Z Minutes Ordinance i.i g-/ Prepared by: Jesi Lile,Associate Planner,410 E.Washington Street, Iowa City, IA 52240;319-356-5240 ORDINANCE NO. Ordinance amending Title 14, Zoning Code of the Iowa City Code related to Public Art Fees in Riverfront Crossings (ZCA18-00002) Whereas, the Downtown and Riverfront Crossings Master Plan identifies incorporating art throughout the district as a key project goal; and Whereas, the Riverfront Crossings Master Plan identifies areas within the district appropriate for public art, the largest being Riverfront Crossings Park; and Whereas, the Riverfront Crossing Form Based Development Standards implement the vision of the Riverfront Crossings Master Plan; and Whereas, the Riverfront Crossing Form Based Development Standards outline several bonus height provisions, including one for public art; and Whereas, the Riverfront Crossing Form Based Development Standards require that public funds received for height bonuses be spent in the same Riverfront Crossing subdistrict as the subject property that contributed the funds; and Whereas, the Riverfront Crossing Park is not classified as a subdistrict, but as "public parks and open space", and therefore, cannot benefit from the public art bonus provision; and Whereas, the proposed amendment allows for public art funds received for height bonuses to be spent anywhere in the district including the Riverfront Crossings Park, as opposed to only within the same subdistrict as the project that requests the bonus; and Whereas, the proposed amendment provides flexibility to support the goal of incorporating art throughout the district; and Whereas, the proposed amendment is consistent with the Comprehensive Plan and supports the following arts and culture goals: • Recognize the economic development potential of Arts and Culture for Iowa City • Work to increase funding for Arts and Culture programs • Develop partnerships that build community support for and access to Arts and Culture; and Whereas, the proposed amendment supports the vision of the Downtown and Riverfront Crossings Master Plan, which recognizes the need for incorporating art throughout the district; and Whereas, the Public Arts Committee held a meeting on September 6, 2018 and recommended approval of the aforementioned zoning code amendment; and Whereas, the Planning and Zoning Commission held a meeting on September 6, 2018 and recommended approval of the aforementioned zoning code amendment; and Whereas, it is in the City's best interest to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. Title 14 of the Iowa City Code is hereby amended by deleting the strikethrough text and adding the underlined text: Amend 14-2G-7G-6 Height Bonus for Public Art, as follows: Height Bonus For Public Art: One additional floor of building height may be granted for a contribution to the city's public art program equal to one percent(1%) of threshold value of the project. Threshold value is the sum of all construction costs shown on all building permits associated with the project, including site preparation. For alterations to existing development, the threshold value is the sum of all construction costs as defined above plus the value of existing improvements to the property, as listed in the city assessor's records. Funds contributed shall be used by the city for public art within the Riverfront Crossings District subdistricts where the _ _._ -: as approved by the public art committee. Section II. Repealer. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. Section III. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof no adjudged invalid or unconstitutional. Section IV. Effective Date. This Ordinance shall be in effect after its final passage, approval, and publication, as provided by law. Passed and approved this day of , 2018. Mayor Approved by/ Attest: City Clerk "ay Attorney's Office i c,/till Ordinance No. Page It wasmoved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Cole Mims Salih Taylor Teague Thomas Throgmorton First Consideration 10/16/2018 Voteforpassage: AYES: Mims, Salih, Taylor, Teague, Thomas, Throgmorton, Cole. NAYS: None. ABSENT: None. Second Consideration Vote for passage: Date published 1� r 1 CITY OF IOWA CITY MEMORANDUM Date: September 6, 2018 To: Planning & Zoning Commission From: Anne Russett, AICP, Senior Planner, Neighborhood and Development Services Department Re: Amendment to Title 14, Zoning Code of the Iowa City Code related to Public Art In - Lieu Fees in Riverfront Crossings (ZCA18-00002) Introduction The proposed amendment to the zoning code (Title 14 of the Iowa City Code), changes the requirement that public art funds received for height bonuses be spent in the same Riverfront Crossing subdistrict as the subject property that contributed the funds. The amendment allows the funds to be spent anywhere within the Riverfront Crossings district. Background The Riverfront Crossing's form -based code outlines several bonus height provisions, including one for public art. This bonus provision grants developments one additional story if a public art contribution is made equal to one percent of the value of the project. The first project to use this provision since the adoption of the Riverfront Crossings form -based code was the project at 707 S. Dubuque Street. This project contributed one percent of the project costs to public art to receive a height bonus. The total amount contributed to the City's public art fund equals approximately $73,000. Upon receipt of the contribution, the City recognized the limited potential uses for the funds since the zoning code requires the funds to be spent within the same subdistrict as the subject building, which in this case is the Central Crossings subdistrict. The City and the Public Arts Committee wish to relocate the sculpture (see Figure 1) currently located along N. Dubuque Street to the Riverfront Crossings Park. The sculpture, Four Module Piece Form 11 by Kenneth Snelson, is considered one of the more valuable pieces within the City's collection. Its current location along N. Dubuque Street is not ideal. Moving it to Riverfront Crossings Park will give it more prominence and also provide an opportunity to make some needed repairs. Over the past year, the Public Arts Committee has been working toward moving this sculpture to Riverfront Crossings Park [Attachments 1 & 2]. The public art bonus provision could provide the committee with the funds needed to make this goal a reality. August 31, 2018 Page 2 Figure 1. A photograph of Four Module Piece Form 11 (1968) from its current location along North Dubuque Street. Proposed Amendment Staff proposes an amendment to the Riverfront Crossings form -based code to allow public art funds received for height bonuses to be spent anywhere in the district, including the park, as opposed to only within the same subdistrict as the project that requests the bonus. Staff proposes this amendment for the following reasons: • The Riverfront Crossings Master Plan identifies areas within the district appropriate for public art [Attachment 3]. The largest area identified is the Riverfront Crossings Park, which is identified as "public parks and open space" on the regulating plan — not a subdistrict [Attachment 4]. Since the Riverfront Crossings Park is not identified as a subdistrict it cannot benefit from the public art bonus provisions, even though the master plan identifies it as a key location for the placement of public art. • The amendment keeps the funds within a defined area, but provides more flexibility in the use of the funds for the benefit of the entire district. The Public Art Committee will be reviewing the proposed amendment at its meeting on Thursday, September 6, 2018. Staff will have an update on the outcome of that meeting at the Commission's September 6, 2018 meeting. Comprehensive Plan Consistency The proposed amendment supports the comprehensive plan and the following Arts and Culture Goal and Strategy: • Develop partnerships that build community support for and access to Arts and Culture. o Collaborate with the school district, businesses, and other organizations to expand the reach of Arts and Culture resources in our community. The proposed amendment also supports the vision of the Downtown & Riverfront Crossings Master Plan, which includes a framework element focused on public art. This element identifies several areas appropriate for public art, the largest of which is the Riverfront Crossings Park. August 31, 2018 Page 3 Staff Recommendation Staff recommends that the Planning and Zoning Commission recommend adoption of the following proposed amendment to 14 -2G -7G-6 of the Iowa City Code by the Iowa City City Council, contingent on the approval of the proposed amendment by the Public Art Committee: Height Bonus For Public Art: One additional floor of building height may be granted for a contribution to the city's public art program equal to one percent (1%) of threshold value of the project. Threshold value is the sum of all construction costs shown on all building permits associated with the project, including site preparation. For alterations to existing development, the threshold value is the sum of all construction costs as defined above plus the value of existing improvements to the property, as listed in the city assessor's records. Funds contributed shall be used by the city for public art within the riverfront crossings district hen the as approved by the public art committee. Attachments: 1. Original Location of Four Module Piece Form// 2. Proposed New Location of Four Module Piece Form// 3. Public Art Framework Element of the Riverfront Crossings Master Plan 4. Riverfront Crossings Regulating Plan Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services ATTACHMENT 1 YN �tl1�4*Wir 0,F,r�� .., `�`w.�"�,�`.��,��M°�'"A _ a«... ��"-ay«6° yi"i yam, "��' �+'' �•.._, � r mic I "m AOP"� Ex IR- 4",4"wwAvzW, Zoo, qr IR- 4",4"wwAvzW, Zoo, lot+e '. a R�V,��,�^^�`' �r 4 n� ~ ~ �,N1*I P'" b"t �� u^ 4 IPb'4s..� was. 110, 4 �•t Proposed Snelson Sculpture Location 24:2 36 W-4410 4,51 ATTACHMENT 939 77 943 4 Z 320 ,F�KIR rr Z27 ;it to 10; Ir 1014 uj --J '�IMFP7 �11 Z�,& N 121j,4 .1224 F. 15T ST - 2274, 32 227,.-2 7 J1126, 1201 IM7 2%Ll '�IMFP7 �11 Z�,& N 121j,4 .1224 public art Artists have pioneered the redevelopment of neighborhoods across the country. Whether activating an area by occupying marginal buildings or vacant storefronts, enhancing the perception ofan area by publicly displaying art and holding gallery nights/ walks, or building a "creative class'that helps stimulate the local economy, art is a key element in any progressive community, and will be a key element in the Downtown and Riverfront Crossings District. Many opportunities exist for incorporating art into the District, including: Art Inc uhator Proararn Develop an incubator program to place artists (both studio and gallery space) into vacant buildings on a temporary basis in orderto fill empty storefronts and provide low-cost opportunities for starting artists. Public Art Place art in public spaces, such as the new regional park, the pedestrian mall, Clinton Plaza, Station Plaza, Riverside Drive entrance monuments, riverview greens, and along the Clinton Street Promenade. Community Arts Center Explore the possibility ofdeveloping a Community Arts Center in the administration building atthe former wastewater treatment plant or other suitable location within the Riverfront Crossings District or Downtown. Functional Art Establish a policy to integrate art/design into functional infrastructure, such as street furniture, streetlights, bridges, power substation fencing, etc. G _ - Create an Arts District within the Gilbert Street District. This districtwould be low -scale and organic in nature, and be incorporated into the existing building stock, keeping artist live/work/sell space functional and affordable. As the district matures, the Maiden Lane Mews could be developed, and lined with live -work studios and galleries. Rrghe Publ,Art Loca Cron Diagram 48 and riverfront crossings play ATTACHMENT public art - Public Art Locations Existing Waterways Study Area Boundaries lei 0' 400' 800' 1600' ATTACH ENT 4 ilvekrf' onkr-os&r �� r J � r rl s i r `� i f• ---r F 4 T-�F:.f t ttLTjl�i I f j i TTi !-1 �J� r �t'TI r L ��'��!'j 11--1 r� Legend South Downtown Subdistrict University Subdistrict Central Crossings Subdistrict Gilbert Subdistrict Park Subdistrict South Gilbert Subdistrict West Riverfront Subdistrict Orchard Subdistrict - �-- _ -7 '• Public Parks and Open Space / t_ Green Space Primary Street �..� Required Retail Storefront Required Ralston Creek Frontage JI Riverfront Crossings Boundary 71 �—, `-J-----R- f University of Iowa Campus A—i ! LL �wr Pedestrian Street - f6- __1 }� M MINUTES APPROVED PLANNING AND ZONING COMMISSION SEPTEMBER 6,2018-7:00 PM—FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Mike Hensch, Phoebe Martin, Mark Signs, Billie Townsend MEMBERS ABSENT: Carolyn Dyer, Max Parsons STAFF PRESENT: Sara Hektoen, Anne Russett OTHERS PRESENT: Thomas Agran RECOMMENDATIONS TO CITY COUNCIL: By a vote of 4-1 (Baker dissenting) the Commission recommend adoption of the following proposed amendment to 14 -2G -7G-6 of the Iowa City Code by the Iowa City City Council. The proposed text would be: Height Bonus For Public Art: One additional floor of building height may be granted for a contribution to the city's public art program equal to one percent (1 %) of threshold value of the project. Threshold value is the sum of all construction costs shown on all building permits associated with the project, including site preparation. For alterations to existing development, the threshold value is the sum of all construction costs as defined above plus the value of existing improvements to the property, as listed in the city assessor's records. Funds contributed shall be used by the city for public art within the riverfront crossings 1^/1"�h9 as approved by the public art committee. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. ZONING CODE AMENDMENT ITEM (ZCA18-00002): Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to Public Art In - Lieu Fees in Riverfront Crossings. Russett noted this is a proposed amendment to the zoning code related to Public Art Fees in the Riverfront Crossing District. When the Riverfront Crossings Master Plan was adopted it included a public art framework element and identifies several locations throughout the Riverfront Crossings District as possible Public Art locations. After the Master Plan was adopted the City developed a form -based code to implement the Plan and included in the Code Planning and Zoning Commission September 6, 2018 Page 2 of 7 a bonus height provision for projects that provide various public benefits, one of which is Public Art. Development projects that provide one percent of their project cost to the City's Public Art Fund receive an additional story in height on their development projects. The Code requires the funds to be spent within the same subdistrict as the subject building. Russett stated that to date the City has had one project that has utilized this Public Art bonus provision (at 707 S. Dubuque Street). That project contributed one percent of the project costs to public art to receive a height bonus of one story. The total amount contributed to the City's Public Art Fund was approximately $73,000. Currently the Public Arts Committee is working to relocate the Snelson sculpture which is located on N. Dubuque Street to the Riverfront Crossings Park and the Public Arts Fund would help with this relocation. Russett pointed out on the map the proposed new location of the Snelson sculpture. The proposed amendment is to amend the form -based code to allow public art funds received for height bonuses to be spent anywhere in the district, including the park, as opposed to only within the same subdistrict as the project that requests the bonus. The Riverfront Crossings Master Plan identifies areas within the district appropriate for public art. The largest area identified is the Riverfront Crossings Park, which is identified as "public parks and open space" on the regulating plan — not a subdistrict and therefore excluded from public art bonus provisions. The amendment would keep the funds within a defined area, but provides more flexibility in the use of the funds for the benefit of the entire district. Russett stated the Public Art Committee discussed this amendment at their meeting this afternoon and unanimously recommended approval of the amendment. Staff recommends that the Planning and Zoning Commission recommend adoption of the following proposed amendment to 14 -2G -7G-6 of the Iowa City Code by the Iowa City City Council. The proposed text would be: Height Bonus For Public Art: One additional floor of building height may be granted for a contribution to the city's public art program equal to one percent (1%) of threshold value of the project. Threshold value is the sum of all construction costs shown on all building permits associated with the project, including site preparation. For alterations to existing development, the threshold value is the sum of all construction costs as defined above plus the value of existing improvements to the property, as listed in the city assessor's records. Funds contributed shall be used by the city for public art within the riverfront crossings district s.�hd%04r_h; 141"tQ'Q t"Q Q1 dnim1ni Ini 1i1GJjRg jS jGGJ as approved by the public art committee. Baker stated he has some misgivings about this proposed amendment. He asked if no public arts funds could be spend in the park or just the funds generated by the height bonus. Russett confirmed the funds generated by the height bonus provisions in the subdistricts cannot be spent in the park. Baker asked if there were any other funds available to use for artwork in the park. Russett stated she understands the City allocates a flat amount every year in the budget for public art but is unsure of the exact amount but it would not be enough to move the Snelson sculpture. Baker asked how much it will cost to move the sculpture and Russett replied there is an estimate from a consulting firm for relocation at around $90,000. Baker asked the value of the art piece and again Russett was unsure of the exact amount but knows it is one of the more valuable pieces in the City's collection. Baker said in his research he does not find any high figures for any of Snelson's art. Baker also inquired about the repair needed for the sculpture Planning and Zoning Commission September 6, 2018 Page 3 of 7 and who has been responsible for the maintenance of the art. Russett stated it is the City's responsibility for the maintenance of the art pieces and the repair is due to the exposure to the elements. Baker asked why the amendment now. Russett explained that often regulations are adopted when creating new Code and Districts and it isn't until those regulations are used that it is understood it will not work very well and changes are needed. In this case, money was generated from a project and the regulation says the money must be spent within a very defined area and at this time there are no locations within that defined area to provide public art. Baker questioned the idea that there is no location for any art within that subdistrict, yes the Snelson sculpture may not fit but other art could be installed. Russett said the public art would need to be located on public lands and there is no public lands currently in this subdistrict. Baker asked if the Public Art Committee initiated this proposed amendment or City Staff. Russett stated the Committee has been working on identifying funds to move the Snelson sculpture and that is when it became apparent to City Staff on the Public Art Committee that there were Public Arts Funds that had to be spend in the specific defined area. The Committee wanted to relocated the Snelson sculpture to the Riverfront Crossings Park and but could not use the funds available to do so due to the current Code language. Russett added the Public Art Committee has stated they do not like the current location the Snelson sculpture is located, it is not in a prominent location and in the new location it would be more visible. Martin acknowledged the area where the sculpture is currently located is very overgrown Hektoen reminded the Commission this particular sculpture and location is one specific situation, the ordinance and proposed amendment is to acknowledge the City has this park district and the Code was inadvertently drafted with the bonus height provision excluding the park from being the beneficiary of those funds. Baker asked if there was a location along N. Dubuque Street that the Snelson sculpture could be given more prominence. He feels the N. Dubuque Street entrance to the City is to be a highly prominent location and the artwork should be there. Russett reiterated that the Public Art Committee feels this particular piece should be moved to the Riverfront Crossings Park. Baker asked if there was any other discussion about having other art along N. Dubuque Street. Russett can look into that question. Baker asked when the original resolution was made, was it intended that the funds created by the bonus provision were to be used for new art pieces to increase the art stock of Iowa City. Russett said the ordinance does not state the art has to be new. Baker noted the City used to have a fund based on a certain percentage of bonds sold to generate money for art purchases, has that fund disappeared. Russett noted her understanding is the only money available for public art is money generated from this height bonus provision and the annual allocation from the City Council. Hensch opened the public hearing. Thomas Agran (512 N. Van Buren Street) is an artist and also works for the Iowa City Downtown District as the Public Art Director for that district. Agran noted he was intimately involved in a lot of the conversations with the Public Art Advisory Committee and can speak to how the Committee came to this proposed amendment. He stated the Snelson sculpture is the most Planning and Zoning Commission September 6, 2018 Page 4 of 7 valuable piece of public art in the City's collection, that may not be evident based on the current location, especially now that Dubuque Street has been raised, and that is part of the reason the conversation to have the sculpture moved began. When the sculpture was bought in 1975 it was a joint effort with Project Art, the City and private donations and in today's dollars would have cost $500,000. The sculpture is literally sitting in mud right now and appears to be neglected and there has not been any funds established to maintain the art pieces. Baker agreed the sculpture does appear to currently be neglected and asked if the Public Arts Committee has approached the City to try to get funds for the repair. Agran is unsure, he does not sit on the Public Arts Committee. Agran notes there are spots designated in Riverfront Crossings for public art, one of which is in the park, however the City allocated no funding for that location. Because there is no funding allocated for the park the Public Arts Committee saw an opportunity to move a piece of art from a location where it is being neglected and put it in a more visible location and celebrates the piece. More so Agran wanted to use his time in front of the Commission to talk about public art funding. From 1999-2001 the budget for the City's Public Art Fund was $100,000 per year, in today's dollars adjusted for inflation that would be $147,000 per year. The population in 1999 was approximately 61,000 which averages out $1.97 spend on art per person in the City. Today we have a population of almost $75,000 and a budget of $25,000 (which is actually a recent increase, it has been lower) and that averages to $0.33 per person. He feels as the city flourishes this is time to invest more in art and the community and public art returns tangible and intangible values into quality of life which increases the tax base ultimately. Agran stated when looking at the Zoning Code he sees bonuses as significant trade-offs and in every district there is an agreed upon level of appropriate building size to encourage healthy communities, healthy and productive development, reduces speculation of property values, and through bonuses we trade away elements of those standards for something else. It is essentially a bride whereby community assets (whether they be public art or historic properties) are held hostage and now beg for those things not from the City but from developers, things we value as a community. The wealth is given to the developers in the currency of square footage. The Code is to be the rules and incentives are setup to break those rules. For some pittance we will forgo the rules. Agran noted in this situation for $72,000 a developer could buy their way out of the rule of five stories and get six stories increasing the square footage of a property by 20% - 20% rentable every year for the life of that building. All of that said, Agran requested the Commission approve the proposed amendment for flexibility of public art into Riverfront Crossings District and also encourages the City to spread the wealth throughout the City to create a more robust art program that can reach more people. Agran stated as the Code is currently written it is basically a regressive art program, where the areas of highest investment and highest wealth reap the benefits of the investment. Seattle is a city that a while back divorced it's one percent for the arts program from the geographic requirement and as a result they can direct the funding to areas of the city that are often overlooked and under resourced rather than as in this instance the most resourced part of the city. All areas of the city are appropriate for public art. Agran noted that lots of programs use a one percent of the capital improvements fund for public art and if the City looked at fiscal year 19 capital improvement budget of $28.5 million in projects, even at half a percent the Public Arts Fund would receive over $142,000. Agran noted the Commission does not write the City budgets or fund the Public Arts but wanted to say those types of changes can be started here in Planning and Zoning and they will use this moment as a catalyst to a broader conversation of how public art contributes value to the community, if Planning and Zoning provides the outlines of how best a city should develop to be healthy, a place people want to be, then he encourages the Commission to draft one percent rules that Planning and Zoning Commission September 6, 2018 Page 5 of 7 benefit all districts in the City. Agran understands that untying funding from its original geography may be a complex thing to implement, but rather than shrug at the established law, he hopes the bureaucratic challenge galvanizes this Commission and City Staff and Council as a way to approach public art in a way equability. If one looks at what is proposed for the Pentacrest Apartments, would send a million dollars into the Public Art Fund but only in this district and if this proposal is not approved, only in this subdistrict. A million dollars could be set up as an endowment to the Public Arts Fund. There are 171 potential development sites at the time the Riverfront Crossings Code was written so there is going to be a lot that happens in this area and could amount to an unbelievable windfall for public art funding. Baker clarified he is not hostile to this amendment, in fact he also questions why not spend this money anywhere, not just in the Riverfront Crossings Park. He feels we should not be robbing Peter to pay Paul for art. He also feels there should be more art throughout the City, not just one area. He agrees the City is underfunding art in this community. He does not understand why we are taking money to move old art when it could be used to purchase new art. Agran said the sentiment from the Public Art Committee is to not spend more money on new art when we cannot maintain the current art we have. Martin asked why the Public Art Committee specifically chose this language for this district and not all of Iowa City. Russett is not aware if the Public Art Committee was involved in the writing of the language in the Riverfront Crossings Master Plan. Hensch closed the public hearing. Martin moved to approve adoption of the proposed amendment to 14 -2G -7G-6 as written in the September 6, 2018 staff report. Signs seconded the motion. Hensch remembers the Snelson sculpture being downtown at one time. He feels it was simply an oversight during the draft of the original ordinance that parks and recreation areas were not included in the subdistricts and therefore the money cannot be spent for them. He feels it is reasonable to clean up that language for the one percent raised for art with the bonus height because there is a serious need for art in the community, there does need to be greater public funding of art, but this is a method to at least get some money. However, he does agree with the idea of keeping it within the district because they are trying to focus improvements in certain areas, his fear would be if it were allowed to be spent outside the district there may be some preferred areas that would get all the art. He agreed there is definitely a problem in this community that some areas do not get the attention that others do. Martin agreed with Hensch and supports the amendment as written in the Staff Report. Signs is intrigued by the notion that the City is potentially generating a huge amount of money to be spent in this one relatively small district but does see the risk of the other extreme and all public art is put someplace else. He feels it is a bigger discussion than this Commission and encourages those discussions to happen. He also agrees that the height bonuses appear to be a bribe for money, the City spends a lot of time making plans and codes and then come up with ways to get around them. Hensch agrees and said they need to vote on the question at hand, all government progress is incremental and this is a step in the right direction. Signs also stated he likes the Snelson sculpture and does feel it is not in a great location Planning and Zoning Commission September 6, 2018 Page 6 of 7 currently and supports moving it. Hensch noted the location is not the question at hand. Townsend asked if moving this sculpture to the Riverfront Crossings Park would leave enough space for other functions of the park. Russett showed some diagrams of the park and how everything is able to fit. Townsend's other concern is kids climbing on the sculpture since it will be in a park space. Hensch doesn't feel it will be harmed and perhaps it was designed as interactive art. Hektoen noted those are concerns that will be addressed by the Public Art Committee and the Parks and Recreation Division. Baker noted he will be voting no against this amendment, he does not want the vote to be unanimous as he wants the Council to understand there is an underlying larger issue about funding art. He also prefers that art piece stay somewhere more visible then this park and this is a problem created by limited resources. A vote was taken and the motion passed 4-1 (Baker dissenting). CONSIDERATION OF MEETING MINUTES: AUGUST 16, 2018 Signs moved to approve the meeting minutes of August 16, 2018. Townsend seconded the motion. A vote was taken and the motion passed 5-0. PLANNING AND ZONING INFORMATION: Russett gave one update regarding the discussion at the last meeting regarding the impact of zoning regulations on the development community, financial impacts in particular, and she informed the Commission this topic is something of interest to the City Council, the City Council approved an affordable housing action plan and one of the items staff is tasked to look into is regulatory barriers. Russett said the Neighborhood Services department is working with the City Manager's office and she will bring any updates back to the Commission. Baker invited the Commission to Prairie Lights next Tuesday to listen to a writer of a biography of Leonardo DiVinci. Baker also mentioned the movie reviews inside the planning magazine the Commission receives, recently they reviewed a movie called The Little Pink House, which is a movie regarding the controversy around imminent domain and he rented the movie and it was a good dramatization of all the issues within planning and zoning of cities. Adjournment: Signs moved to adjourn. Martin seconded. A vote was taken and the motion passed 5-0. Item Number: 11.b. + r ui �1 lat • yyrrmr�� CITY Ok 10WA CITY www.icgov.org October 16, 2018 Ordinance conditionally rezoning approximately 5.82 acres of property located at 1914 S. Gilbert Street, 1805 Waterfront Drive, 260, 306, & 346 Southgate Avenue, from Intensive Commercial (CI -1) to Neighborhood Public (P-1). (REZ18-00018) ATTACHMENTS: Description Staff Report Letter to P&Z from Neighboring Property Owner P&Z Meeting Minutes - Preliminary Ordinance Conditional Zoning Agreement Deferred until 11/6/18 jl,h Prepared by: Anne Russell, Senior Planner. 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ18- 00018) Ordinance No. An ordinance conditionally rezoning approximately 5.82 acres of property located at 1914 S. Gilbert Street, 1805 Waterfront Drive, 260, 306, & 346 Southgate Avenue, from Intensive Commercial (Cl- 1) to Neighborhood Public (P-1). (REZ18-00018) Whereas, the applicant, Johnson County, Iowa, has requested a rezoning of property located at 1914 S. Gilbert Street, 1805 Waterfront Drive, 260, 306, & 346 Southgate Avenue from Intensive Commercial (CI-1) to Neighborhood Public (P-1); and Whereas, the Future Land Use Map of the Comprehensive Plan identifies this area as commercial; and Whereas, the Comprehensive Plan and South District Plan also include public and semi-public land use designations for existing public uses and facilities; and Whereas public uses are needed throughout the community and are generally considered consistent with all land use designations; and Whereas, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for compliance with the requirements for Class 1 Critical Facilities per the City's floodplain management standards, and prior to any site disturbance on the property builders receive approval from the State Archeologist; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. Now, therefore, be it ordained by the City Council of the City of Iowa City, Iowa: Section I Approval. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby zoned Neighborhood Public (P- 1): Lot 1 and Outlot 1A, Kennedy's Waterfront Addition - Part One, as is recorded in Plat Book 22, Page 56, in the office of the Johnson County, Iowa Recorder, and Lot 2, Lot 3, Lot 4 and Outlot B, Kennedy's Waterfront Addition - Part Four, as is recorded in Plat Book 51, Page 237, in the office of the Johnson County, Iowa Recorder, in all containing 5.821 acres. Ordinance No. Page 2 Section II. Zoning Map. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. Section III. Conditional Zoning Agreement. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. Section IV. Certification and Recording. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense. Section V. Repealer. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of , 20 . Mayor Attest: City Clerk roved ity Attorney's Office Prepared by:Anne Russell,Senior Planner,410 E.Washington, Iowa City, IA 52240(319)356-5240(REZ18-00018) Conditional Zoning Agreement This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Kennedys, LLC, Patrick M. Kennedy, Joseph M. Kennedy, Kitty E. Lake, Mary Kathryn Albaugh, Jane M. Kennedy, Stephanie E. Ramer-Heubner, and Natalie J. Miller (hereinafter collectively referred to as "Owner"), and Johnson County, Iowa (hereinafter"Applicant"). Whereas, Owner is the legal title holder of approximately 5.82 acres of property located at 1914 S Gilbert Street, 1805 Waterfront Drive, 260, 306, & 346 Southgate Avenue; and Whereas, the Applicant has requested the rezoning of said property from Intensive Commercial (CI-1)to Neighborhood Public (P-1); and Whereas, the Applicant desires to construct a Behavioral Health Urgent Care Center or Access Center, or similar public facility, that will treat patients experiencing behavioral health crises and connect them with necessary services; and Whereas, the above described project is considered a Class I Critical Facility, as defined by the Iowa City Zoning Code; and Whereas, the Planning and Zoning Commission has determined that, with appropriate conditions regarding floodplain management standards and State Archeological approval, the requested zoning is consistent with the Comprehensive Plan; and Whereas, Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and Whereas, the conditions outlined in this agreement address several public needs, including addressing concerns related to locating in the floodplain and establishing safe, effective, and accessible healthcare and behavioral management facilities for the community; and investigating the possible presence of archeological resources; and Whereas,the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan; and Whereas, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. Now, therefore, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Kennedys, LLC, Patrick M. Kennedy, Joseph M. Kennedy, Kitty E. Lake, Mary Kathryn Albaugh, Jane M. Kennedy, Stephanie E. Ramer-Heubner, and Natalie J. Miller, are the collective legal title holder of the property legally described as: Lot 1 and Outlot 1A, Kennedy's Waterfront Addition- Part One, as is recorded in Plat Book 22, Page 56, in the office of the Johnson County, Iowa Recorder, and Lot 2, Lot 3, Lot 4 ppdadm/agt/¢a_rez18-00018-final-revised 10.042018.docz 1 and Outlot B, Kennedy's Waterfront Addition - Part Four, as is recorded in Plat Book 51, Page 237, in the office of the Johnson County, Iowa Recorder, in all containing 5.821 acres 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the South District Plan. Further, the parties acknowledge that Iowa Code §414.5 (2017) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above the existing regulations, to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree(s) that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. In the event that the property is developed in a manner materially consistent with the above-described project, it shall comply with the City's floodplain management standards for Class 1 Critical Facilities, and b. Prior to issuance of any grading permit, receive approval from the State Archeologist to proceed. 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2017), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this day of , 20_. ppdadMagVcza_rez18-00018-final-revised 10.04.2018.dacx 2 City of Iowa City Johnson County, Iowa By: By: Mike Carberry, Chairperson Jim Throgmorton, Mayor Attest: Attest: County Auditor or Designee Kellie Fruehling, City Clerk Kennedys, L.L.C. A roved by: 0—) By: e) .v i /n '114 8 (Name, Title) City Attorney's Office Patrick M. Kennedy Joseph M. Kennedy Kitty E. Lake Mary Kathryn Albaugh Jane M. Kennedy Stephanie E. Ramer-Heubner Natalie J. Miller REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK ppdadMagt'cza_rez18-00018{nal-revised 10.04.2018.docz 3 City of Iowa City Acknowledgement: State of Iowa )ss: Johnson County This instrument was acknowledged before me on ,2018 by Jim Throgmorton and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) Johnson County Acknowledgement: State of Iowa ) ss: Johnson County This instrument was acknowledged before me on , 20_ by Mike Carberry, Chairperson of the Board of Supervisors of Johnson County, Iowa. Notary Public in and for said County and State (Stamp or Seal) Kennedys, LLC Acknowledgment: State of County of This record was acknowledged before me on , 2018 by (Name(s) of individual(s)) as (type of authority) of Kennedys, L.L.C. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadmlagt/¢a_rez18-00018-final-revised 10.04.2018.docx 4 Patrick M. Kennedy Acknowledgement: State of County of This record was acknowledged before me on , 2018 by Patrick M. Kennedy. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: Joseph M. Kennedy Acknowledgement: State of County of This record was acknowledged before me on , 2018 by Joseph M. Kennedy. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadm/ag4eza_rez18-00018-final-revised 10.04.2018.docx 5 Kitty E. Lake Acknowledgement: State of County of This record was acknowledged before me on , 2018 by Kitty E. Lake. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: Mary Kathryn Albaugh Acknowledgement: State of County of This record was acknowledged before me on , 2018 by Mary Kathryn Albaugh. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadm/agt/cza_rez18-00018-final-revised 10.04.2018.docx 6 Jane M. Kennedy Acknowledgement: State of County of This record was acknowledged before me on , 2018 by Jane M. Kennedy. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: Stephanie E. Ramer-Heubner Acknowledgement: State of County of This record was acknowledged before me on , 2018 by Stephanie E. Ramer-Heubner. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadMagUaa rez18-00018-fnal-revised 10.04.2018.docz 7 Natalie J. Miller Acknowledgement: State of County of This record was acknowledged before me on , 2018 by Natalie J. Miller. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadnVagt! a_rez18.00018-final-revised 10.04.2018.docx 8 To: Planning and Zoning Commission Item: REZ18-00018 GENERAL INFORMATION: STAFF REPORT Prepared by: Anne Russett, Senior Planner Date: September 20, 2018 Applicant: Johnson County, Iowa 913 S. Dubuque Street Iowa City, IA 52240 319/ 356-6000 mhensch@co.johnson.ia.us Property Owner: Kennedys LLC 1043 Briar Drive Iowa City, IA 52240 Contact: Matt Miller 913 S. Dubuque Street Iowa City, IA 52240 319/ 688-5832 mmiller@co.johnson.ia.us Requested Action: Rezoning from Intensive Commercial (CI -1) to Neighborhood Public (P-1) Purpose: To reflect the anticipated public ownership of the property and comply with Section 14-21F of the zoning ordinance and to allow the development of Johnson County's Behavioral Health Urgent Care Center Location: Northwest corner of Southgate Avenue and the CRANDIC Railroad; 1914 S. Gilbert Street, 1804 Waterfront Drive, 260, 306, & 346 Southgate Avenue Location Map: CC -2, Non-residential South: CI -1, Vacant East: CI -1, Vacant & non-residential West: CC -2, Non-residential j 40, Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Comprehensive Plan: District Plan: Public Meeting Notification: File Date: 5.82 acres Mostly vacant except for one non-residential building; CI -1 North: CC -2, Non-residential South: CI -1, Vacant East: CI -1, Vacant & non-residential West: CC -2, Non-residential Commercial Commercial (South District) Rezoning sign placed on property; property owners within 300' received notice of public meeting August 27, 2018 45 Day Limitation Period: October 11, 2018 3 BACKGROUND INFORMATION: The applicant, Johnson County, Iowa, requests that the subject property be rezoned from Intensive Commercial (CI -1) to Neighborhood Public (P-1). The zoning code requires that property held by public entities be designated a public zoning designation. The property is currently privately held; however, Johnson County has a purchase agreement for the property and plans to develop a Behavioral Health Urgent Care Center. The Behavioral Health Urgent Care Center will treat patients experiencing behavioral health crises and connect them with necessary services. The center will provide crisis observation and stabilization, substance abuse treatment and act as a low -barrier winter shelter. For a more detailed description of the center, please refer to Attachment 3 (Access Center Information). The applicant has indicated they plan to conduct a good neighbor meeting. ANALYSIS: Current Zoning: The project site currently zoned Intensive Commercial (CI -1). The purpose of the CI -1 zone is to provide areas for commercial uses that typically are characterized by outdoor display and storage, repair and sales of large equipment or vehicles, or commercial operations conducted in buildings not completely enclosed. Some examples of uses allowed in the zone include animal related commercial uses, quick vehicle service uses, vehicle repair uses, and industrial service uses. Proposed Zoning: The applicant has proposed rezoning the project site to Neighborhood Public (P-1). The P-1 zone allows for uses such as schools, parks, police and fire stations, and other civic buildings owned and controlled by the County, the City, or the Iowa City Community School District. Compliance with Comprehensive Plan: The Future Land Use Map of the Comprehensive Plan and the South District Plan identify this area as commercial. The Comprehensive Plan and the South District Plan also include a public and semi-public land use designation. This designation is intended to identify existing public facilitates and not future ones. Public uses are needed throughout the community, and therefore, are generally considered consistent with all land use designations. In this case, the plan for the area is commercial. The proposed use, not considering ownership, combines office and institutional uses and aligns with the commercial land use designation, which contemplates a large variety of commercial uses. Flood Hazard Areas: The project site is located in the floodplain. The majority of the site is located within both the 500 and 100 -year floodplains. Figure 1 shows the flood hazard areas on the project site. IR Figure 1 FEMA Flood Hazard Areas Project site 100 -year floodplain 500 -year floodplain x M& The City's floodplain management ordinance does not allow facilities to locate within flood hazard areas if they are the base of operations for emergency responders, are particularly difficult to evacuate during a flood event, or provide services essential to the life, health, and safety of the community. Per the floodplain management ordinance, these facilities are Class 1 Critical Facilities. Based on the description of the Behavioral Health Urgent Care Center, staff has determined it to be a Class 1 Critical Facility since the facility could be difficult to evacuate and would be unable to provide stabilization and treatment services during a flood event. In order to comply with the City's floodplain management ordinance, development of the proposed Behavioral Health Urgent Care Center requires raising the grade around the facility to the 500 -year flood level elevation. Furthermore, at least one access to and from the site needs to be passable during a 500 -year flood level event. Staff recommends as a condition of approval that the development of the center must comply with the requirements for Class 1 Critical Facilities per the City's floodplain management standards. Transportation: The site can be accessed via Southgate Avenue. In addition, the applicant is exploring providing a connection to the site via Waterfront Drive that crosses the CRANDIC railroad. The applicant is currently working with the railroad, who has agreed via email to work with the County on providing this access. The City's Bicycle Master Plan identifies a proposed bike lane/wide shoulder along Southgate Avenue between S. Gilbert Street and Keokuk Street. The City anticipates installing this facility in 2021. In terms of existing facilities, there is a sidepath along S. Gilbert Street and Highway 6. The Iowa River Trail is also near the project site. r x M& The City's floodplain management ordinance does not allow facilities to locate within flood hazard areas if they are the base of operations for emergency responders, are particularly difficult to evacuate during a flood event, or provide services essential to the life, health, and safety of the community. Per the floodplain management ordinance, these facilities are Class 1 Critical Facilities. Based on the description of the Behavioral Health Urgent Care Center, staff has determined it to be a Class 1 Critical Facility since the facility could be difficult to evacuate and would be unable to provide stabilization and treatment services during a flood event. In order to comply with the City's floodplain management ordinance, development of the proposed Behavioral Health Urgent Care Center requires raising the grade around the facility to the 500 -year flood level elevation. Furthermore, at least one access to and from the site needs to be passable during a 500 -year flood level event. Staff recommends as a condition of approval that the development of the center must comply with the requirements for Class 1 Critical Facilities per the City's floodplain management standards. Transportation: The site can be accessed via Southgate Avenue. In addition, the applicant is exploring providing a connection to the site via Waterfront Drive that crosses the CRANDIC railroad. The applicant is currently working with the railroad, who has agreed via email to work with the County on providing this access. The City's Bicycle Master Plan identifies a proposed bike lane/wide shoulder along Southgate Avenue between S. Gilbert Street and Keokuk Street. The City anticipates installing this facility in 2021. In terms of existing facilities, there is a sidepath along S. Gilbert Street and Highway 6. The Iowa River Trail is also near the project site. 5 In terms of transit, the site is served by the Broadway bus route. There are two bus stops in the vicinity: one at the corner of S. Gilbert Street and Southgate Avenue and one at the corner of Southgate Avenue and Waterfront Drive. Archeological Resources: The sensitive areas section of the zoning code considers the preservation of archaeological sites, as well as natural features. The City's sensitive areas inventory from 1994 identifies possible archeological resources in this area. Staff recommends that as a condition of approval the County hire an archaeologist approved by the state to complete a study or excavation plan approved by the State. STAFF RECOMMENDATION: Staff recommends that REZ18-00018, an application submitted by Johnson County, Iowa for a rezoning of CI -1 to P-1 on 5.82 acres of land located at 1914 S. Gilbert Street, 1804 Waterfront Drive, 260, 306, & 346 Southgate Avenue subject to City Council approval of the following conditions: 1. Compliance with the requirements for Class 1 Critical Facilities per the City's floodplain management standards, and 2. Prior to any site disturbance on the property receive approval from the State Archeologist to proceed. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Description of Behavioral Health Urgent Care Center c.t+Approved by: Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services CITY OF IOWA CITY RS5 I' RS5 CC2 CC2 CC2 �I� r. RS5 -,G RS5 P1 ccz ccz C11 CC2 , C11 CC2 Hp CC2 CC2 CI1 aL i I ,, CC2 CC2 C11 CC2 C11 I r" C11 CC2 CC2 CC2 CC2 C11 CC2 DA 1 CC2 } S CC2 C11 w C11 CC2 I' CC2 CC2 CC2 u� CI1 -_--- _ --- - _ CI1 w � -- CI9CC2 � CC2 CI1 $` ► CI1rn C11 C11 CI1 �a CI1 CC2 CC2 � CI1 C11 CI1 C11 OLYMP�IC�C MM f CC2 i C11 " C11 C11 C11 CC2 CC2 C11 C11 CI1 CI1 CI1 CC2 t CC2 - C11 CI1 C11 C11 C11 C11 SOUTHGATE AVE C11, s _ CI1 B rg CI1 CI1 CI1 CI1 CI1 21 1 CI1 CI1 CI1 CI1 C11 CI1 CI1 1 r An application submitted by Johnson County Iowa fora c11 rezoning of 5.82 acres located at 1914 S. Gilbert St., 1805 Waterfront Dr., and 260, 306, and 346 Southgate Ave. from 01 OPD/RS12 Intensive Commercial (CI -1) to Neighborhood Public (P1). IV Access Center Information for Iowa City Planning & Zoning Commission At a Glance The Access Center will initially provide the following services: • Crisis Observation (<23 hours) • Crisis Stabilization (>23 hours, up to 5 days) • Substance Abuse Treatment / Detoxification • Sobering Unit • Low -Barrier Winter Shelter The Access Center will treat patients experiencing a behavioral health crisis and connect them to ongoing services: • Community mental health services • Substance abuse services • General medical services • Housing support • Vocational support The Access Center will avoid overly medicalizing or criminalizing behavioral health issues by supporting: • Appropriate use of hospital-based resources • Diversion of unnecessary emergency room visits • Efficient utilization of law enforcement Overview The Access Center is a proposed new behavioral health service entity located in Johnson County. This effort emerged from a collaborative of various Johnson County visionaries - i.e., area city council members, Board of Supervisors, law enforcement, social services, health care providers and local non -profits. This is a unique, first of its kind collaborative among multiple Johnson County entities practicing under one roof. The Access Center is part of a national movement to provide more effective access to care for behavioral health crisis. The mission of the Access Center is to provide rapid assessment, triage, and stabilization to individuals experiencing a behavioral health crisis, followed up with linkage to appropriate community services that can assist with ongoing issues. Johnson County Access Center Project Updated September 12, 2018 Page 1 of 4 Johnson County In addition, the Access Center will provide a third option for law enforcement as an alternative to emergency rooms or jail. Area law enforcement has undergone and continues extensive crisis intervention training to improve response to behavioral health crises, but their options remain limited. The Access Center will provide a safe, effective alternative to emergency room care or incarceration for adults suffering from a behavioral health crisis. This will avoid criminalizing medical conditions and decrease overly medicalizing life crises. When fully operational, the facility will contain sobering, detoxification, crisis observation, and crisis stabilization units, as well as a low -barrier winter shelter, mobile crisis outreach, and medical first aid with telemedicine connection to the UIHC Emergency Department. It will be open 24/7, accepting voluntary, walk-in patients. The Access Center is open to persons who are: • 18 years of age or older • Experiencing psychiatric/psychological stress • Feeling unsafe or suicidal, but able to maintain safe behaviors while onsite • Willing to work with Access Center staff on intake and discharge planning • Able to provide their own basic hygiene • Medically stable, with the exception of minor first aid needs Services Crisis Observation (<24 hours) This level of care provides up to 23 hours and 59 minutes of care in a secure and protected environment. The program is medically staffed, psychiatrically supervised and includes continuous nursing services. The primary objective of this level of care is for prompt evaluation and/or stabilization of individuals presenting with acute symptoms or distress. Before or at admission, a comprehensive assessment is conducted and a treatment plan developed. The treatment plan should place emphasis on crisis intervention services necessary to stabilize and restore the individual to a level of functioning that does not require hospitalization. This level of care may also be used for a comprehensive assessment and to obtain clarification regarding previously incomplete diagnostic information that may lead to a determination that the individual requires a more intensive level of care. Duration of services at this level of care may not exceed 23 hours and 59 minutes, by which time stabilization and/or a determination of the appropriate level of care will be made, and facilitation of appropriate treatment and support linkages will be coordinated by the treatment team. Crisis Stabilization (>24 hours, up to 5 days) Individuals are admitted to the Crisis Stabilization unit from the Crisis Observation unit when it's determined their treatment needs will last beyond 24 hours. Treatment is aimed at restoring ability to maintain safety so individuals can return to the community with an increased level of function and productivity. Johnson County Access Center Project Updated September 12, 2018 Page 2 of 4 Johnson County Detox Provides a safe and medically -supervised place for individuals to withdraw from drugs or alcohol and stabilize before engaging in a treatment program. The length of stay required to detoxify depends upon the individual's history of use and other medical issues. Sobering The Sobering Unit is a jail diversion program designed to offer a treatment alternative in lieu of arrest to public intoxicants by providing a medically safe environment utilizing motivational techniques to engage the individual and offer direct access to treatment. Essentially used for law enforcement drop offs as an alternative to emergency rooms or jail for non-violent patients who need a safe place to sober up. Low -Barrier Winter Emergency Shelter (operated by Shelter House) For those experiencing homelessness in Iowa, the change in weather can be life-threatening. As temperatures drop, people left with nowhere but the street to turn are at risk of developing hypothermia and frostbite—both can be permanently damaging to one's health and can ultimately result in the loss of life. Since 2014, Shelter House has opened a low -barrier Winter Emergency from December through March. This new permanent facility is intended for individuals for whom homelessness has become a chronic condition. Barriers to entry such as sobriety, participation in programs, and other requirements are removed. With this expanded winter shelter capacity, individuals who would have otherwise been incarcerated or sleeping in encampments, parking ramps and hallways of apartment buildings are instead ensured a safe, warm place to sleep. Medical First Aid Minor medical services will be available, similar to game day first aid available at Kinnick Stadium. First aid services will be provided to patients in addition to resolving their behavioral health crisis, as these situations may be accompanied by cuts, scrapes, bruising, etc. The primary objective is to reduce the number of patients presenting to emergency rooms for non -emergent conditions. Telemedicine connection to the UIHC Emergency Department will be available for purposes of consultation and triage when needed. Johnson County Access Center Project Updated September 12, 2018 Page 3 of 4 Johnson Gourrty Diagram Access Center: Kev Comments IIIIIH MI Law Longer SA m Enforcement Evaluation Capacity Sobering Unit Detox Treatment Drop Psych PA, BSN/ LISW -10 beds - 5 beds ER / Psych Hospital ER / Hospital 23 hr. Crisis Observation Community Medical Case — 5 beds Agencies Walk-in First Aid Management Crisis Stabilization Shelter House Mobile Crisis Security 5 beds liiii Other Housing Community Food Agencies Natural Supports Winter months Low Barrier Shelter (" 40-60"bed" capacity) Johnson County Access Center Project Updated September 12, 2018 Page 4 of 4 September 18, 2018 City of Iowa City (Sept. 20, 2018 P&Z Meeting date) Planning and Zoning Commission 410 East Washington Street Iowa City, IA. 52240 Re: Rezoning Property for Johnson County Behavioral Health Urgent Care Center 1914 S. Gilbert; 1805 Waterfront Dr.; 260,306,346 Southgate Ave REZ18-00018 We have received notice of request for rezoning. As a neighboring property owner at 265 Stevens Drive we have a direct interest with the request. Our property took on approximately 6 feet of water during the 2008 flood, understanding that our property is within the 50 and 100 year flood plain. Our primary concern other than the increased foot/police/medical traffic is the stormwater runoff due to such a large and I am assuming paved site. Stevens Drive immediately takes on excess Iowa River water in addition to stormwater system backup which creeps North to South from Stevens Drive. Any additional runoff from adjacent properties (especially from south of our property) would cause extensive unnecessary flood risk to our property. We would like both the Planning and Zoning as well as Building Departments to be critically aware of how this project would impact adjacent parcels. We have spent considerable resources in improving our site in the last year believing the City would improve flood control resources in our area. New large scale development with what I am guessing would involve large hard surface/runoff issues are a concern of ours. Thank you for your consideration. Carousel Pre -owned of Iowa City Kyle J. Koch, Controller MINUTES PRELIMINARY PLANNING AND ZONING COMMISSION SEPTEMBER 20,2018-7:OOPM—FORMAL MEETING E M M A J. HARVAT HALL, CITY HALL MEMBERS PRESENT: Larry Baker, Mike Hensch, Phoebe Martin, Max Parsons, Mark Signs, Billie Townsend MEMBERS ABSENT: Carolyn Dyer STAFF PRESENT: Sara Hektoen, Ann Russett OTHERS PRESENT: Scott Ritter, Matt Miller, Kyle Hancock RECOMMENDATIONS TO CITY COUNCIL: By a vote of 5-0 (Hensch recused, Dyer absent) the Commission recommends approval of REZ18-00018, an application submitted by Johnson County, Iowa for a rezoning of CI -1 to P-1 on 5.82 acres of land located at 1914 S. Gilbert Street, 1804 Waterfront Drive, 260, 306, & 346 Southgate Avenue subject to City Council approval of the following conditions: 1. Compliance with the requirements for Class 1 Critical Facilities per the City's floodplain management standards, and 2. Prior to any site disturbance on the property receive approval from the State Archeologist to proceed. CALL TO ORDER: Hensch called the meeting to order at 7:00 PM. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: None. REZONING ITEM (REZ18-00018): Discussion of an application submitted by Johnson County, Iowa for the rezoning of approximately 5.82 acres of property located at 1914 S. Gilbert Street, 1804 Waterfront Drive, 260, 306, & 346 Southgate Avenue from Intensive Commercial (CI -1) to Neighborhood Public (P-1). Hensch recused himself from this item per his conflict of employment with Johnson County. Russett stated this rezoning application is for a change from Intensive Commercial (CI -1) to Neighborhood Public (P-1), it is submitted by Johnson County, Iowa, for a proposed Behavioral Health Urgent Care Center or Access Center. The Access Center will provide services to Planning and Zoning Commission September 20, 2018 Page 2 of 6 individuals experiencing behavioral health crises and connect them with necessary service such as mental health services or housing support and the center will provide crisis observation and stabilization, substance abuse treatment and act as a low -barrier winter shelter. The property is generally located at the northwest corner of Southgate Avenue and the Crandic Rail Line, the property is currently privately held however Johnson County has a purchase agreement for the property. Russett showed a map of the current zoning in the area, the project site is zoned Intensive Commercial, the areas to the east and west are also zoned Intensive Commercial, there are some areas to the north and the west that are zoned Community Commercial. The proposed zoning is to Neighborhood Public, which is a zone district that applied to properties owned by either County, the City or the Iowa City Community School District. The Comprehensive Plan, future plan use map, identifies this area a commercial and the South District Plan also identifies this area as an area for commercial development. Russett showed some photos of the project site. She noted the site is located within flood hazard areas, in both the 500 and 100 year floodplains. The City does have a floodplain management ordinance which does not allow facilities to locate within flood hazard areas if they are the base of operations for emergency services, are particularly difficult to evacuate during a flood event, or provide services essential to the life, health, and safety of the community. Per the floodplain management ordinance, these facilities are Class 1 Critical Facilities. Based on the description of the Behavioral Health Urgent Care Center, staff has determined it to be a Class 1 Critical Facility since the facility could be difficult to evacuate and would be unable to provide stabilization and treatment services during a flood event. In order to comply with the City's floodplain management ordinance, development of the proposed Behavioral Health Urgent Care Center requires raising the grade around the facility to the 500 -year flood level elevation. Furthermore, at least one access to and from the site needs to be passable during a 500 -year flood level event. Staff recommends as a condition of approval that the development of the center must comply with the requirements for Class 1 Critical Facilities per the City's floodplain management standards. The site is accessed via Southgate Avenue and the applicant is exploring providing a connection to the site via Waterfront Drive that crosses the Crandic railroad and that access might be able to be used during a flood event. Russett noted there are also possible archeological resources in this area and therefore Staff recommends a condition of approval that the site must be approved by a State Archeologist prior to any site disturbance. In terms of stormwater management, the site was platted in 2007 and required at that time to install stormwater management facilities, and these stormwater management facilities will be further analyzed by the public works staff at the time of site plan review to ensure they have an adequate capacity for the proposed access center. Russett stated Staff has received one letter from the public regarding this possible rezoning, which was passed out to the Commission, and the concerns in the letter were focused on stormwater management. Staff recommends that REZ18-00018, an application submitted by Johnson County, Iowa for a rezoning of CI -1 to P-1 on 5.82 acres of land located at 1914 S. Gilbert Street, 1804 Waterfront Drive, 260, 306, & 346 Southgate Avenue subject to City Council approval of the following conditions: 1. Compliance with the requirements for Class 1 Critical Facilities per the City's floodplair management standards, and Planning and Zoning Commission September 20, 2018 Page 3 of 6 2. Prior to any site disturbance on the property receive approval from the State Archeologist to proceed. Signs asked if the access on Waterfront Drive would solve the problem of ingress and egress during a flood event. Russett noted part of Waterfront Drive is above the floodplain and based on the elevations it would probably be the best location for that access. Baker asked why staff chose to use the 500 year floodplain as the condition placed on approval rather than the 100 year event. Russett replied that the 500 year is what is required for Class 1 Critical Facilities per the Zoning Code. Baker asked what the difference between the 500 and 100 year events. Russett explained the difference as the percentage of which the event could occur. A 500 year flood event would happen with a 0.2% chance in a year and a 100 year event is a 1 % change within a year. Baker asked what the difference would be on the development if the City required it to be at the 100 year event standard. Russett said the elevation grade the property would need to be raised would be lower than the 500 year elevation. The impact of a 500 year event is greater and therefore the elevations need to be higher. Baker asked if the difference in elevations from the 100 to 500 year events have impact on the neighboring properties. Russett stated regardless they need to provide stormwater management. Townsend asked if the whole area would be raised to the 500 year level. Russett said just the building on the property and an access driveway. Townsend noted that at any given time there may be anywhere from 16 to 60 beds in the facility, and is concerned how to get that many people evacuated if there is a flood. Russett said that is why the facility needs to be elevated to the floodplain, in 2008 the access across the railroad tracks and even the corner of Southgate Avenue on the southeast side were not under water. Parsons noted there is generally enough warning during a 500 year flood event to have time to evacuate. Parsons opened the public hearing. Scott Ritter (Hart -Frederick Consultants) answered Baker question of the difference in elevations from a 500 and 100 year events is 2.7 feet and the natural ground there is at the 500 elevation so they will raise the area a little to get above that, and they would add an access off of Waterfront Drive to be used for emergencies. Ritter also noted regarding the letter from the neighbor, that property is above the subject property, the subject property is downstream. The difference between the subject property and Highway 6 is one foot difference in elevation. Baker asked if any other sites or locations were considered. Ritter is not privy to those discussions, that discussion would have been with the Johnson County Board of Supervisors. Matt Miller (Project Manager, Johnson County) stated there were several other properties researched for this access center. He noted he was hired by the County on May 15 and at that point they already had this location picked out, but he does understand there were other locations previously looked at but for one reason or another just didn't pan out. Parsons asked about the Good Neighbor Meeting and if one has been held. Miller said one has not been held yet, but they are planning to conduct one. Kyle Hancock (Hansch, LLC, 1840 S. Gilbert Street) is concerned and wants to address the plan for runoff and stormwater management. The property that he owns is downstream and at lower Planning and Zoning Commission September 20, 2018 Page 4 of 6 elevations than the subject property and feels raising the subject property up will put his property and others at more of a risk. Hancock also raised concern about the construction process and plans, and if the building will be in the southeast corner of the property, he questions what is the proposed use of the rest of the property. Ritter responded that the rest of the site will remain as is except for the area where the building and parking lot will be. There is currently a detention pond already there with outflow going east. Parsons closed the public hearing. Signs moved to recommend approval of REZ18-00018, an application submitted by Johnson County, Iowa for a rezoning of CI -1 to P-1 on 5.82 acres of land located at 1914 S. Gilbert Street, 1804 Waterfront Drive, 260, 306, & 346 Southgate Avenue subject to City Council approval of the following conditions: 3. Compliance with the requirements for Class 1 Critical Facilities per the City's floodplain management standards, and 4. Prior to any site disturbance on the property receive approval from the State Archeologist to proceed. Martin seconded the motion. Signs noted typically the Commission sees more of a site plan with such applications so they can see where the building will be located and where the detention basins will be, etc. Townsend is concerned with flooding in that area and the possibility of children being there during a flood. She noted that property will only have the building and parking lot and then a lot of open space that will be zoned P-1 and something could be put on that area like a school. Parsons asked if that were to happen, would Staff need to approve that site plan. Russett confirmed they would, and for a school to be there the property would need to be owned by the School District, as long as the County owns the property there could be a public use there but not likely a school. Hektoen noted that any structure that is put on this property would have to be elevated to the 500 year floodplain plus one foot. Martin stated she likes the proposal and feels good about the two caveats for the recommendation because this access center is something the area really needs. The plans for elevations make sense. Parsons agrees with Martin and feels this will serve the community and conforms with the area. Baker shared Signs concern that they did not receive site plans or elevations for this proposal. He added it helps with decision making and likes to have those items presented. Russett stated there are not different standards for rezoning public versus non-public zones, having a site plan and elevations is not something that is required of anyone for rezonings however is something that is encourage as it does help the Commission in the decision making process. Baker said if this were a private project he would likely want to defer and request more information, however he does agree with Martin that this access center is much needed in the community. Baker asked a general procedural question, at the last three meetings the Commission has been Planning and Zoning Commission September 20, 2018 Page 5 of 6 asked to alter a regulation or zone based upon a specific problem of a specific project, here is a problem so change the rules for us situations. Baker wonders if that is a recurring process the Commission deal with often. Hektoen said they are not asking the Commission to change the rules for them, they are asking for a rezoning and a rezoning is to satisfy the needs of whoever is doing the development. Russett noted rezoning applications can be initiate by the City, the property owner, the developer, the purchaser, in effort to create a new project. A vote was taken and the motion passed 5-0 (Hensch recused, Dyer absent). Hensch rejoined the meeting. CONSIDERATION OF MEETING MINUTES: SEPTEMBER 6, 2018 Signs moved to approve the meeting minutes of September 6, 2018. Parsons seconded the motion. A vote was taken and the motion passed 6-0. PLANNING AND ZONING INFORMATION: Russett introduced the new associate planner, Jessie Lile. Baker will miss the October 18 meeting. Townsend will be absent October 4 and November 1 meetings. Adjournment: Martin moved to adjourn. Parsons seconded. A vote was taken and the motion passed 6-0. PLANNING & ZONING COMMISSION ATTENDANCE RECORD 2018 KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member 2/15 3/1 (W.S) 3/12 3/15 (W.S.) 4/2 4/5 (W.S) 4/16 4/19 5/3 5/17 6/7 6/21 7/5 8/16 9/6 9/20 BAKER, LARRY -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X O/E X X DYER, CAROLYN X X X O/E X O/E X X X X X O/E X O O/E O FREERKS, ANN X X X X X X X X O/E X X X -- -- HENSCH, MIKE X X O/E O/E X X X X X X X X X X X X MARTIN, PHOEBE X X O/E X X X X X X X X X X X X X PARSONS, MAX O/E X X X X X X X X X X X X X O/E X SIGNS, MARK X X X X X X X X X X X X X X X X THEOBALD JODIE O/E X X X X X X X X X X O/E -- -- TOWNSEND, BILLIE -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- X X X x KEY: X = Present O = Absent O/E = Absent/Excused --- = Not a Member