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HomeMy WebLinkAbout2018-10-16 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:00 p.m. on the 16th day of October 2018, in Emma J. Harvat Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider: An ordinance conditionally rezoning approximately 5.82 acres from Intensive Commercial (C-1) to Neighborhood Public (P-1) located at 1914 S Gilbert Street, 1805 Waterfront Drive, 260, 306, & 346 Southgate Avenue (REZ18- 00018). AND An ordinance to amend Title 14 of the Iowa City Code related to public art fees in the Riverfront Crossings district (ZCA18-00002) Copies of the proposed ordinances and resolutions are on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. Kellie Fruehling, City Clerk Prepared by: Jesi Life, 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 seen in the same Riverfront Crossing subdistrict as the subject property that contributed the�funds; a d Whereas, the Riverfront Crossing Park 's not classified as a subdistrict, but as "public parks and open space", and therefore, canngbenefit from the public art bonus provision; and Whereas, the proposed amend bonuses to be spent anywhere in the d opposed to only within the same subdi Whereas, the proposed incorporating art throughout the Whereas, the proposed supports the following arts and men allo�s for public art funds received for rwight istr' t including the Riverfront Crossi*ParV-as stri t as the project that requests the bairns; a9'Id �ent provides flexibility_. to support th �I of and c: m ment is consistent with the Comprehensive PJ4n and goals: • Recognize the eco omic development potential of Arts and Culture for Iowa City • Work to increase f nding for Arts and Culture programs • Develop partner ips that build community support for and access to Arts and Culture; and Whereas, the propos d amendment supports the vision of the Downtown and Riverfront Crossings Master Plan, whi recognizes the need for incorporating art throughout the district; and Whereas, the Pubtiic 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-7 -6 Height Bonus for Public Art, as folios: Height t3onu or Public Art: One additional Floor of building height maybe granted for a contribuG to the city's public art program equal to one percent (1 %) of threshold value f the project. Threshold value is the sum of all construction costs shown on all buil ' g permits associated with the project, including site preparation. For alterations to a 'sting development, the threshold value is the sum of all construction costs a defined above plus the value of existing improvements to the property, as listed in t city assessor's records. Funds contributed shall be used by the city for public art wi in the Riverfront Crossings District aubjeGt buil as approved by the public art committee. Section II. Repealer. All ordin ces and parts of ordinances in conflict with the provision of this Ordinance are hereby repeale Section III. Severability. If any sec'on, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such a judic0ion shall not affect the validity of the Ordinance as a whole or any section, provision or rt t ereof no adjudged invalid or unconstitutional. Section IV. Effective Date. This Ord and publication, as provided by law. Passed and approved this Mayor City shall be in effect after its final passage, approval, Approved by Attorney's Office 2018. o� rn z. E3= := m it Approved by Attorney's Office City Council October 16, 2018 Item 10.a: Zoning Code Amendment -Public Art Fees in Riverfront Crossings ZCA18-00002 Ordinance amending Title 14, Zoning related to Public Art In -Lieu Fees in Riverfront Crossings (First Consideration) Background Riverfront Crossings Master Plan: • Includes a Public Art framework element • Identifies possible Public Art Locations D 400 800' 1600' Background Riverfront Crossings Form -Based Code: Bonus height provisions for projects that provide public benefits Public Art Fee 1% of project costs = 1 additional story Funds must be spent within the same subdistrict as the project location I �J Riverir?ntkrossin9 t R ula} n" _ II t! 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Dubuque Street Ell Contributed 1% of the project costs to public art in exchange for a 1 story height bonus y Approximately $73,000 Snelson Sculpture Relocation °i RivPrhpnt Crossing Park Mdp Ah Qi e.mw. °i w.no,xwew.a,�o-.a Qmvn�exorvn © n+men wu,.. wum.n Proposed Amendment Amend the Rive rfront 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 RiverfrontlCrossingslRe§Ulath*1PJ" I L L j 1iL�L L Ji J 1 --ad L 7 f, flLIM -- 1i11U EM LL t7 rn l FT T L PeM � saran Ge..�m.Ms�naMne Was� uoiwrsiry sueainrin CeMM Cmainp subaulriR GIIbM SuMIstrW Ar SupgSNtl Swtl,GilCertsuhtllsWp W.sl PirxRroM SubaiWkl Orrtrara 5u0tlslrl[1 � roenwan:mop�o spar. eosvaw -- m.rvsvoer J peRUlretlfl.41151ere1MM RqulrtE paliron CrMFmn4ge PieerhmtCmsrin9�Rou Yry �� Vnlwr[ir.ol ba Camrys � htlesbun56M Planning Commission Recommendation The Planning and Zoning Commission recommends adoption of the following proposed amendment to 14 -2G -7G-6 of the Iowa City Code by the City Council: Height Bonus For Public Art: One additional floor of building height may be granted for o 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 oll construction costs shown on oll building permits associated with the project, including site preparation. For alterations to existing development, the threshold value is the sum of oll construction costs os defined above plus the value of existing improvements to the property, os listed in the city assessor's records. Funds contributed shall be used by the city for public art within the riverfront crossings district s„tid;c+,. ,,+c ,.,ti. --e t-khP-bTeGt b� ' ;S,eC- ted as approved by the public art committee. N O_ Prepared by: Anne Russett, Senior Planner. 410 E. Washington Street, Iowa City, IA 52240;C949-3560;51 (RZZ18- 00018) jn M F""j� Ordinance �— No. �� a+ An ordinance conditionally rezoning approximately 2 :5cre�pf property located at 1914 S. Gilbert Stroet, 1805 Watee rot Drive, 260, 306, & 346 Southgate Avenue, from Intensive Commercial (Cl - 1) to Neighborhood Public (P-1). (REZ18L00018) 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 Neighbkrhood Public (P-1); and Whereas, the Future Land Use Map of the commercial; and Whereas, the Comprehensive Plan semi-public land use designations for e) Whereas public uses are needed considered consistent with all land use c Plan identifies this area as District Plan also include public and uses and facilities; and the community and are generally and Whereas, the Planning and Zoning Vommission has reviewed the proposed rezoning and determined that it complies with he Comprehensive Plan provided that it meets conditions addressing the need for c mpliance with the requirements for Class 1 Critical Facilities per the City's floodplaiV management standards, and prior to any site disturbance on the property builderV receive approval from the State Archeologist; and Whereas, Iowa Code §414(2017) provides that the City of Iowa City may impose reasonable conditions on gr ting a rezoning request, over and above existing regulations, in order to satisfy blic needs caused by the requested change; and Whereas, the owner and pplicant have agreed that the property shall be developed in accordance with the ter s and conditions of the Conditional Zoning Agreement attached hereto to ensure a propriate development in this area of the city. Now, therefore, be it o dained by the City Council of the City of Iowa City, Iowa: Section I Approval. S bject to the Conditional Zoning Agreement attached hereto and incorporated herein, pr perty described below is hereby zoned Neighborhood Public (P - 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 assage and approval of the Ordinance, the City Clerk is hereby authorized and irected to certify a copy of this ordinance, and record the same in the Office of the ounty Recorder, Johnson County, Iowa, at the Owner's expense. Section V. Reoealr. All ordinances and pas of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section VI. Severability. If any section, pr vision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, su i adjudication shall not affect the validity of the Ordinance as a whole or anysection, pr ision or part thereof not adjudged invalid or unconstitutional. Section VII. Effective Date. This approval and publication, as provided Passed and approved this shall be in effect after its final passage, ME Mayor C& o A� —' � H ■ 1 T Attest: City Clerk C-) rn :< rn rn a m Approved by EM co CD _ City Attorney's Office Prepared by: Anne Russett, 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 Countyl Iowa (hereinafter "Applicant'). Whereas, Owner is the legal title holder of appr ximately 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 fezoning of said property from Intensive Commercial (CI -1) to Neighborhood Public (P-1); and i Whereas, the Applicant dues to construct a Behavioral Health Urgent Care Center or Access Center that will treat patient�experiencinj behavioral health crises and connect them with necessary services; and Whereas, the above described by the Iowa City Zoning Code; and Whereas, the Planning and Zoning conditions regarding floodplain manageme requested zoning is consistent with the Cop considered a Class I Critical Facility, as defined i has determined that, with appropriate and State Archeological approval, the Plan; and Whereas, Iowa Code §414.5 (2 17) provides`(hat the City of Iowa City may impose reasonable conditions on granting a re oning request, ver and above existing regulations, in order to satisfy public needs caused byAhe requested change; and Whereas, the conditions out ned in this agreeme' address several public needs, including addressing concerns relayed to locating in the f odplain and establishing safe, effective, and accessible healthcarq and behavioral managemnt facilities for the community; and investigating the possible pres ce of archeological resource ; and Whereas, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the devel ment of the property is consistent with the Comprehensive Plan; and Whereas, the Owner a rees to develop this property in accordance with the terms and conditions of a Conditional Zc ing Agreement. Now, therefore, in consideration of the mutual promises contained herein, the partes agree as follows: M 1. Kennedys, LLC, Patrick M. Kennedy, Joseph M. Kennedy, Kitty E. like, Nv y KWrryn Albaugh, Jane M. Kennedy, Stephanie E. Ramer -Heubner, and Natail . Miller, ai"e collective legal title holder of the property legally described as:M _ E3x w y o OpdadMagVua_rez1800018-final.do 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 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 hat the City of Iowa City may impose reasonable conditions on granting a rezoningJrequest, over and above the existing regulations, in order to satisfy public needs caus d by the requested change. 3. In consideration of the City's rezoning the subject roperty, Owner and Applicant agrees) that Bevel pment of the subject property will onform to all other requirements of the zoning chapt r, as well as the following conditio s: a. In the eR t at the property is developed i a manner materially consistent with the aboes 'bed project, it shall comply 'th the City's floodplain management standarr CI s 1 Critical Facilities, and b. Prior to issuance f any grading Archeologist to proce6q. 4. The Owner and Applicant, andity ac' are reasonable conditions to imp eon that said conditions satisfy public nee change. 5. The Owner and Applicant and City transferred, sold, redeveloped, or terms of this Conditional Zoning Ag receive approval from the State e that the conditions contained herein I under Iowa Code §414.5 (2017), and are caused by the requested zoning ge that in the event the subject property is , all redevelopment will conform with the 6. The parties acknowledge that this C nditiona omng Agreement shall be deemed to be a covenant running with the land a d with title o the land, and shall remain in full force and effect as a covenant with title to the land, 09less or until released of record by the City of Iowa City. The parties further acknowledggrthat this agreement hall inure to the benefit of and bind all successors, representatives/ and assigns of the pares. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be cons d to relieve the Owner or Applicant from complying with all other applicable local, stat , and federal regulations. N 8. The parties agree that this Conditional Zoning Agreement shall bi'4orMrated by reference into the ordi nce rezoning the subject property, and that Up a4tion3r�d publication of the ordi ance, this agreement shall be recorded in thEddhnsan Coo* Recorder's Office at the Applicant's expense. Cn Dated this day of 20_ _ nco 0 ppdadmlagVcn_rez1"M18-final,doc City of Iowa City Jim Throgmorton, Mayor Attest: -32 Kellie Fruehling, City Clerk By: Approved by: v C-) rn City Attorney's Office �C-) C" :<rn 3� M City Of Iowa City Acknowledgement: Qx -� m State of Iowa ) � .. o ro ss: \ Johnson County ) This instrument was acknowledged Throgmorton and Kellie Fruehling as Mayor on , 20_ by Jim Clerk, respectively, of the City of Iowa City. Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) ppdadn,ragV�_ rene-0oo,e-fina1.do 3 Corporate Acknowledgement: State of Iowa ) ) ss: Johnson County ) This instrument was acknowledged before me on Kennedys, LLC State of County of This record was acknowledged before me by (N 7 me( was executed). 20_ by of , Inc. Notary Public in and for said County and State am (Stamp or S al) w. O r Title (and nk) n `v o N uwauai(s) as (type of authority, such as officer or trustee) of _ (name of party on behalf of whom record No ry Public in and for the State of Iowa (Sta or Seal) Title (an Rank) My commis ion expires: pptl9tlMegVm_rw1"001 B-final.dw 4 Patrick M. Kennedy Acknowledgement: State of _ County of This record was acknowledged before me on (Date) by (Name(s) of individual(s) as (type of authority, such as officer or trustee) of (name pf party on behalf of whom record was executed). Joseph M. Kennedy Acknowledgement: State of County of This record was acknowledged before me i by (Name(s was executed) Notary Public (n and for the State of Iowa (Stamp or Title (and ission expires: a n rcnn 17 (Date) cn individual(s) as ^' (type of authority, such as officer or trustee) of _ (name of party on behalf of whom record Notary Pblcin and for the State of Iowa (Stamp or al) Title (and Rank) My commission expires: ppdadmlagVcza_re 1"0010-finalAoc 5 Kitty E. Lake Acknowledgement: State of _ County of This record was acknowledged before me on (Date) by (Name(s) of individual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed). Mary Kathryn Albaugh State of County of This record was acknowledged before me by (Name( was executed). in and for the State of Iowa al) k) /ae, on expires: _ Ira I<C rnv m �G y rn �:X CO CD ln�tA� ro of indiv%npa l(s) as (tyof authority, such as officer or trustee) of a of party on behalf of whom record Notary Public in kind for the State of Iowa (Stamp or Seal) Title (and Rank) My commission ppdaGMagV=_rw18-Ml8-final.dw 6 Jane M. Kennedy Acknowledgement: State of _ County of This record was acknowledged before me on (Date) by (Name(s) of individual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed). Notary Public i and for the State of Iowa (Stamp or Se 1) Title (and R nk) , My comm' sion expires: C':) o —n n� rn Stephanie E. Ramer -Heubner Acknowled eme rn 3 State of p 0 cn County of r' This record was acknowledged before me on (Date) by (Name(s) f individual(s) as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed). Notary Public in and for the State of Iowa (Stamp or Seal) Title (and Rank) My commission expires: ppdadmlagVua_rez1MOO 18- final .d« Natalie J. Miller Acknowledgement: State of _ County of This record was acknowledged before me on (Date) by (Name(s) of individual(s) as (type of author ty, such as officer or trustee) of (name of pa y on behalf of whom record was executed). Notary Public' and for the State of Iowa (Stamp or al) Title (an ank) y co mission expires: Oe :::EC-) yl • , C-)-< r :<r- a M onzz= C) N ppdadn agVua rez 18 -00018 -final dm 8 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 16th day of October, 2018, at 7:00 p.m. in the Emma J. Harvat Hall of the Iowa City City Hall, 410 E. Washington Street, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk; at which hearing the Council will consider a Resolution Authorizing Conveyance of 516 Fairchild Street, also described as part of Lot 6, Block 35, Iowa City, Iowa, to an income -eligible family. A copy of the proposed resolution is on file for public examination in the office of the City Clerk, City Hall, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. KELLIE K. FRUEHLING, CITY CLERK Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. Resolution authorizing conveyance of a single family home located at 516 Fairchild Street. Whereas, the UniverCity Neighbor od Partnership Program is ah effort by the City to encourage home ownership and rein stment in designated neighborhoods surrounding the University of Iowa; and Whereas, the City purchases rental units University of Iowa, rehabilitates them, and Whereas, the City purchased and rehabi Street, Iowa City; and Whereas, the City has received an offer to of $220,000; and :d in designated neighborhoods surrounding the sells them to incoyhe-eligible buyers; and Whereas, on October 2, 2018, the City Council interest in 516 Fairchild Street, authorizing pu setting the date and time for the public hearing; a Whereas, following the public hearing on the the conveyance is in the public interest. a single fami� home located at 516 Fairchild 516/14rchild Street for the principal sum a Resolution proposing to convey its of the proposed conveyance, and the City Council finds that Now, therefore, be it resolved by the City Cou cil of the City of Iowa City, Iowa, that: 1. Upon the direction of the City Atto ey, the Mayor and tNe City Clerk are authorized to execute a warranty deed convey g the City's interest i 516 Fairchild Street, legally described as part of Lot 6, Block Iowa City, Iowa. 2. The City Attorney is hereby a actions necessary to consum It was moved by _ adopted, and upon -ized to deliver said warra*,deed and to carry out any the conveyance required by 12'(W - and seconded by tfW Resolution be ;c- Q& y <!-` M o- a s 0 c�