HomeMy WebLinkAbout2018-12-04 OrdinanceItem Number: 8.a.
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December 4, 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) (Second Consideration)
ATTACHMENTS:
Description
Letter to P&Z from Neighboring Property Owner
Staff Report
P&Z Minutes
Summary Report Good Neighbor Meeting
Ordinance & signed CZA
Request to Consolidate 2nd & 3rd Readings
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
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
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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.
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Figure 1 FEMA Flood Hazard Areas
Project site
100 -year floodplain
500 -year floodplain
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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.
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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
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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
MINUTES APPROVED
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.
a—
Summary Report for
Good Neighbor Meeting
Late Handouts Distributed
(Date)
-,.
CITY OF IOWA CITY
Project Name: Johnson County Access Center Project Location: '9'. WG .. �`""°"'°"mi.,260 306..U6S ""° .A" u'
Meeting Date and Time: Thursday, November 1, 4:30 - 5:30 p.m.
Meeting Location: Hills Bank Community Room, 1401 S. Gilbert St., Iowa City, IA 52240
Names of Applicant Representatives attending: Matt Miller
Numerous Others
Names of City Staff Representatives attending: Anne Russett
Number of Neighbors Attending: 1 Sign -In Attached? Yes X No
General Comments received regarding project (attach additional sheets if necessary)
Kyle Hancock (spelling?) with Hansch LLC had general questions about the building:
- Where will the building be located on the property?
- What will it look like? How big?
- Will this do anything to the stormwater runoff?
- Is there a master plan for additional buildings in the future?
Concerns expressed regarding project (attach additional sheets if necessary) -
None, in general Kyle seemed supportive of the project. Had minor
concern about flooding, but this seemed to be mitigated after talking
with our engineer.
Will there be any changes made to the proposal based on this input? If so, describe:
N/A
Staff Representative Comments
Access Center & Winter Shelter Good Neighbor Meeting
November 1, 2018
Name
Business
Contact Information
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Prepared by: Anne Russett, Senior Planner. 410 E. Washington Street, Iowa City, IA 52240; 319-356-5251 (REZ18-
00018)
Ordinance No. 18-4772
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 (CI-
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. 18-4772
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 4th day of December , 2018.
7427t----
id
Attest: e-e ' /./,..._CI- -
City Clerk
roved
71,n)___ / 0 -/1-1 6
ity Attorney's Office
Ordinance No. 18-4772
Page 3
It was moved by Mims and seconded by Taylor that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Cole
x Mims
X Salih
X Taylor
X Teague
X Thomas
X Throgmorton
First Consideration 11/20/2018
Voteforpassage: AYES: Mims, Salih, Taylor, Teague, Thomas,
Throgmorton, Cole. NAYS: None. ABSENT: None.
Second Consideration
Vote for passage:
Date published 12/13/2018
Moved by Mims, seconded by Taylor, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended,
the second consideration and vote be waived and the ordinance be voted
upon for final passage at this time.
AYES: Mims, Salih, Taylor, Teague, Thomas, Throgmorton, Cole.
NAYS: None. ABSENT: None.
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 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
ppdadMagt/cxn_rez1800018-M¢kevised 10.042018.docx 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 theordinance 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 4th •day of December , 2018.
ppdadm/agt¢a_rez18-00018-final-revised 10.042018.docx 2
City of Iowa City Johnson County, Iowa
By: By:
Mike Carberry, Chairperson
Jim T ogmorton, Mayor
• 7i • Attest:
Attest kit County Auditor or Designee
Kellie Fru ling, City Cler`
j ennedys, L.L.C.
A roved by:
/
• n -1) -1 By.(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
ppdadrn/agUcza rez18-00018-final-revised 10.04.2018.docx 3
City of Iowa City Johnson County, Iowa
By: By:
Mike Carberry, C airperson
Jim Throgmorton, Mayor J
Attest: /re,0j /�U,�pU% A'/ ( /Z ' ,.
Attest: County Auditor or Designee
Kellie Fruehling, City Clerk
Kennedys, L.L.C.
Approved by: 62/
�J /155
I
By:
(Name, Title) "Pc, A. viiii f y,i1kJr,
City Attorney's Office JJ
Patrick M. Kenned
Joseph M. Kenned
(x
Kitty E. Lak i
M y Kathry Albaugh
- - M. ned,
p `(�I
/i ' 0 tfli± y I u
Steph-nie E. Ramer-Heubner
qtVe J. Miller-k
� w
tlitgrf
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
ppdadmlagticza rez18-00018-final ram redline ver1_revised 10.04.2018 3
City of Iowa City Acknowledgement:
State of Iowa )
) ss:
Johnson County
This instrument was acknowledged before me onn Q6Q4TC "f�h , 2018 by Jim Throgmorton
and Kellie Fruehling as Mayor and City Clerk, respectively, of the City of Iowa City.
ISi•mE?�v 32 % j4i2
commiss10"Numl� Notary Public in and fort State of Iowa
o u,t M comm
*AtA* - A 4111
-
(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 MA/OA--
County of • -0 -5 - ` 1
This record was acknowledged before me on I \ove.*n.te4- I , 2018 by
14ic-k-NA. (Lth.vuecl (Name(s) of individual(s)) as a a
(type of authority) of Kennedy, L.L.C.
.1
��Number 9 Notary Public in and for the State of Iowa
*nrr►*
December My 7 (Stamp or Seal)
Title (and Rank)
My commission expires: /�17/ oav
ppdadm/agt/cza_rez18-00018-final ram redline verl_revised 10.04.2018 4
Patrick M. Kennedy Acknowledgement:
State of
County of joi-PJ
This record was acknowledged before me on I I/l , 2018 by Patrick
M. Kennedy.
Notary Public in and for the State of Iowa
tau TERESA MORROW
s I Commission Number 807849
* * My Commission Expires (Stamp(Stamp or Seal)
December 7,2020
Title (and Rank)
My commission expires: iajui/a Og
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:
ppdadMagticza rez18-00018-Mal rem redline veri_revsed 10.04.2018 5
Kitty E. Lake Acknowledgement:
State of -1-01/Jk
County ofB-vw„,sg,n...
This record was acknowledged before me on . 11/ I _ 2018 by Kitty E.
Lake. Com_iette- C/r
-
� Notary Public in and for the State of Iowa
idsCoMORROW
mTEREmission Number 807849
* * My Commission Epkes (Stamp or Seal)
AO December7,2020
Title (and Rank) , /
My commission expires: /�7' 7/ O
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:
ppdadnVagV¢a_rez18-00018-final ram redline varl_revsed 10.04.2018 6
Jane M. Kennedy Acknowledgement:
State of
County of 1 kb c)-1A-
This record was acknowledged before me on ,/pW Ln S , 2018 by Jane M.
Kennedy.
Notary Public in and for the State of Iowa
+ MILDRED R GRAHAM
_ ••MY Gen n 801242
pires (Stamp or Seal)
Janus 18 2020
Title (and Rank)
My commission expires: / — / - ,,Zp
Stephanie E. Ramer-Heubner Acknowledgement:
State of
County of 3L1_7(--a(51-\_-
This record was acknowledged before me on It I '2 , 2018 by
Stephanie E. Ramer-Heubner.
/
No ary Public in and for the State of Iowa
TERESA MORROW
S I Corhnnission Number 807849 (Stamp or Seal)
na December 7,2020 Title (and Rank)
My commission expires: /`71/7 ,RO, o
ppdadmlagUcza rez18-00018-final ram redline ver1_revised 10.04.2018 7
Natalie J. Miller Acknowledgement:
State of R—.
County of U rat_
This record was acknowledged before me on IL ( Z 2018 by Natalie
J. Miller.
Notary Public in and for the State of Iowa
r TERESA MORROW
.a% Commission Number 807849 (Stamp or Seal)
I
* My Commission Expires
ISO December 7,2020
Title (and Rank)
My commission expires: /-1/7/.20a)U
ppeadmlagVcza_rez18-00018-final ram redline vers revised 10.04.2018 8
POWER 0VATTORNEY
," SHORT FORM
,,
t 2w,
The undersigned _ Jane M.Kennedy
of Johnson County. Iowa,does hereby make,constitute and appoint 'i amara C:.Kennedy
_ of Johnson County,Iowa,the
undersigned's true and lawful Agent,with fill right, power and authority to act for the undersigned and
in the undersigned's name,place and stead with respect to the following:
Tamara C.Kennedy is hereby authorizedto sign any and all necessary paperwork to complete and
expedite the sale of the property inherited by me from my father's estate,to wit: ,.
Lot 1 and Outlet IA, Kennedy's Waterfront Addition-Pan 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 Outlet 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 contahtirrg 5.821 acres.
Giving and Granting unto said Agent the full power and authority to do and perform each and
every act, deed, matter and thing whatsoever required and necessary to be done in and about the
foregoing,as hilly as the undersigned might or could do if personally present and acting.
in the event my Agent is unable to serve for any reason or if my Agent is currently my spouse
and we become legally separated or our marriage is dissolved, I name
of County,
_,as successor to my Agent
The undersigned further directs that this Power of Attorney shall take effect immediately and
shall be irrevocable unless and until such time as there is tiled of record a duly acknowledged
revocation of this instrument in the same office in which the instrument containing this power is
recorded. This Power of Attorney shall not be affected by my disability,
The undersigned does hereby authorize said Agent to relinquish all rights of dower,homestead
and distributive share in and to any real estate described herein in which the undersigned has an
interest.
Words and phrases herein, including acknowledgment hereof, shall he construed as in the
singular or plural number,and as masculine or rem Mine gender,according to the context
Dated on September 10,2018. .
I
t _ '
'.lane 'en dy
STATE OF IOWA, COUNTY OF JOHNSON
This record was acknowledged Mitre mc on. Sept �ber 10,.2018 ,by Jane M.Kennedy
I '/_._...._ •
.e.--
ii,
4@YILREDRAYi2I My IrttlSilOn Expires
am. January 18,2020 /07,1i24.4/44.4U. �
:/j,L�
Sieri'ature
of Notary Public
Caution:Use only for limited pow',s.For Comprehensive Powers.use
1SBA Forma 120:Iowa StututoryTPowwer Or A.ILuritey
0.ne Ion Stole per,Aneci,rinn 2038 Fern,No:.119,tbtirr orAllonm,•.Short Form
Lnwwnuca..ui
ntVilcul Awe 2017
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.
Approved by:
By:
(Name, Title)
City Attorney's Office
Pa;ick M. Kenn,dy
I_ •
o•eph . Kennedy I
Kitty E. Lake
Mary Kathryn Albaugh
Jane M. Kennedy
Stephanie E. Ramer-Heubner
Natalie J. Miller
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
ppdadMegVcza rez18-00018-final rem redline vers revised 10.04.2018 3
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 NI. Kennedy Acknowledgement:Art State of 't li'
County of pwe zvPa.
This record was acknowledged before me on 1 f dVe KbetS , 2018 by Joseph
M. Kennedy. ` =
eTbak. L ancIS -
Notary Public in and fpr_the$e of Iowa
(Stamp or Seal) a 1a1�41
UrymL AwcoowOM
_ NoPublic-Anima
Title (and Rank) t Mr comm Ewes Mar 3.2022
My commission expires: 114� re-/. 3 ZP/ZZ
ppdadmVagt/cza_rezl8--00018-final ram redline vett revised 1004.2018 5
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.
Approved by:
By:
(Name,Title)
City Attorney's Office
Patrick M. Kennedy
Joseph M. Kennedy
Kitty E. Lake
Mary KathAlbaugh
Jane M. Kennedy
Stephanie E. Ramer-Heubner
Natalie J. Miller
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
ppdadrntagt/cm_rez18-0001134inal ram redline vert reemea 10.O4.2318 3
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 .4YI O) ____
County of
IDPCL-- 01111) 31
This record was acknowledged before me on , 2018 by Mary
Kathryn Albaugh.
: ,10.,,Ak___ U
Notary Public in and for the State of 4 e-- 4
• � KAREN MAYES
` .� Notary Public.State of Arizona (Stamp or Seal)
Maricopa County
'3, ' J% My Commission Expires
_' January 15, 2019 Title(and Rank)
t.
My commission expires:d 1 t i > /ct9
ppaadnVagvcza_rez18-00018-analram redline vent_revised10042018 6
From:
Matthew Miller
To:
Anne Russett
Cc:
Susan Mims
Subject:
Condense 2nd and 3rd Hearing for Access Center
Date:
Wednesday, November 21, 2018 9:12:16 AM
Hi Anne,
Seeing as there were no issues at last night's council meeting, can we condense the 2nd and
3rd public hearing for the Access Center at the December 4 meeting?
Thanks,
Matt Miller
Project Manager
319-688-5832 mmillerina co.johnson.ia.us
319-356-3478 matthew-miller-3na uiowa.edu
Item Number: 8.b.
+ r
ui �1 lat
• yyrrmr��
CITY Ok 10WA CITY
www.icgov.org
December 4, 2018
Ordinance conditionally rezoning approximately 5.49 acres of property
located at 4643 Herbert Hoover Highway, from Interim Development Multi -
Family Residential (ID -RM) to Medium Density Multi -Family Residential (RM -
20) and Low Density Multi -Family Residential (RM -12) . (REZ18-00020)
(Second Consideration)
ATTACHMENTS:
Description
PZ Staff Report
P&Z Meeting Minutes - Preliminary
Ordinance & signed CZA
Request to Consolidate 2nd & 3rd Readings
To: Planning and Zoning Commission
Item: REZ18-00020
GENERAL INFORMATION:
STAFF REPORT
Prepared by: Jesi Lile, Associate Planner & Anne
Russett, Senior Planner
Date: October 18, 2018
Applicant: IC Housing Group, LLC
366 South 10th Avenue, Waite Park, MN, 56387
(320)-202-3100
mscarr@sandcompanies.com
Contact: IC Housing Group, LLC
366 South 10th Avenue, Waite Park, MN, 56387
(320)-202-3100
mscarr@sandcompanies.com
Requested Action: Rezoning from Interim Development— Multi -
Family Residential (ID -RM) to Medium Density
Multi -Family Residential (RM -20) and Low
Density Multi -Family Residential Zone (RM -12)
Purpose: To allow the development of a 36 -unit affordable
housing community and a multi -family or senior
housing community.
Location:
Location Map:
4643 Herbert Hoover Highway SE
I
Size:
Existing Land Use and Zoning
Surrounding Land Use and Zoning
Comprehensive Plan:
District Plan:
Neighborhood Open Space District:
Public Meeting Notification:
File Date:
45 Day Limitation Period:
BACKGROUND INFORMATION:
Total site: 7.90 acres
Rezoning to RM -12: 2.55 acres
Rezoning to RM -20: 1.79 acres
Remainder of site to remain Interim
Development -Single Family Residential (ID -RS)
zone.
Single-family home, Interim Development—
Single Family Residential (ID -RS) and Interim
Development — Multi -Family Residential (ID -RM)
North: Residential (County -R)
South: Multi -Family Residential (County -RMF);
Residential (County -R);
Commercial (County -C)
East: Residential (County -R)
West: Community Commercial (CC2);
Commercial Office (CO1);
Mixed Use (MU)
Residential, 2-3 dwelling units per acre
Northeast District Plan; Open Space
Lower West Branch (NE3)
Property owners located within 300 feet of the
project site received notification of the Planning
and Zoning Commission public meeting
September 13, 2018
October 23, 2018
The applicant, IC Housing Group, LLC, has requested a rezoning from Interim Development
— Multi -Family Residential (ID -RM) to Medium Density Multi -Family Residential Zone (RM -
20) and Low Density Multi -Family Residential Zone (RM -12). The total project site, located
at 4643 Herbert Hoover Highway is south of Herbert Hoover Highway and east of Scott
Boulevard, is 7.90 acres. The applicant has requested rezoning approximately 2.35 acres to
RM -12, 1.86 acres to RM -20. The remainder of the site will remain Interim Development -
Single Family Residential (ID -RS).
The City annexed the property in 2017 and it is currently undeveloped. At the time of
annexation, the property was rezoned to Interim Single -Family Development (ID -RS) and
Interim Multi -Family Development (ID -RM) with no conditions attached. To the west of the
annexed property is the Olde Town Village commercial and mixed-use area.
The applicant has used the "Good Neighbor Policy", and a Good Neighbor Meeting took
place on September 25, 2018 at Helen Lemme Elementary School. One neighboring
resident attended the meeting and expressed concerns related to construction site runoff
and stormwater management. They also expressed concerns related to the proposed
public street.
ANALYSIS:
Current Zoning: The property is currently zoned Interim Development — Single Family
Residential (ID -RS) and Interim Development — Multi -Family Residential (ID -RM). The
Interim Development zoning designation applies to undeveloped properties without access
to City services. Interim Development Zones provide for areas of managed growth in which
agricultural and other nonurban uses of land may continue until the city is able to provide
services and urban development can occur. Based on conversations with Public Works
staff, rezoning can occur at this time due to the proximity to current City water and sanitary
sewer, which the developer will be able to access. Public Works staff has requested water
pressure testing to ensure adequate water pressure is available to the site.
Proposed Zoning: The applicant has proposed a three part project with the rezoning for
Phases A & B taking place now, and C sometime in the future. For Phase A, the applicant
has proposed rezoning approximately 2.55 acres in the northwest of the parcel to Low
Density Multi -Family Residential (RM -12). The RM -12 zone district allows for both single-
family and multi -family housing. A maximum of 37 units would be allowed on the 2.55
acres. For this section of the project, the applicant has proposed an affordable, family
apartment building on this site. The applicant has secured tax credits from the Iowa
Finance Authority for the project.
For Phase B, the applicant has also proposed rezoning approximately 1.79 acres in the
northeast of the parcel to Medium Density Multi -Family Residential (RM -20). The RM -20
zone district allows for both single-family and multi -family housing, and the maximum
density allowed in this zoning district is 24 units per acre. The applicant is considering
either a multi -family housing community of around 45 units or a senior housing community
of around 52 units. A maximum of 45 units would be allowed on this 1.79 acre area,
however, if the applicant pursues the senior housing community the applicant can apply for
a 25% density bonus for elder apartment housing, which would bring the maximum
allowable dwelling units to 56.
In the future, the applicant wishes to rezone the southern portion of this property for Phase
C, but for now has requested to keep this portion of the site as Interim Development -Single
Family (ID -RS).
Compliance with Comprehensive Plan: The Future Land Use Map of the Comprehensive
Plan has designated this area for residential development at a density of 2-8 dwelling units
per acre. The maximum number of dwelling units allowed by the Comprehensive Plan for
the 4.34 acre site being rezoned is 34 dwelling units. The rezoning requested would exceed
the dwelling units called for in the comprehensive plan; however, the comprehensive plan
also calls for development on smaller lots to conserve land and allow for more affordable
housing, as well as providing a mix of housing types to provide options for households of
all types and income levels. Additionally, the Northeast District Plan encourages housing
diversity and a mixture of single family residential along with townhomes and small
apartment buildings. The Northeast District Plan lays out how this should be done by
locating townhouses and apartment buildings adjacent to neighborhood commercial areas
and at intersections of arterial and collector streets.
City staff finds the proposed rezoning is consistent with the Comprehensive and District
Plans due to the location of the project near the Olde Town Village commercial areas and
along the Herbert Hoover Highway arterial, therefore a mixture of housing types, including
multi -family, is appropriate. Additionally, the development of a variety of housing types as
proposed addresses the goal of creating housing for a mix of household types and income
levels.
Compatibility with Neighborhood: The project site is located on a site annexed in 2017 just
south of Herbert Hoover Highway. The areas to the north, east, and south are not within
Iowa City boundaries, and are currently undeveloped and agricultural, though they are
zoned residential. The area to the west is a neighborhood commercial area with attached
and detached multi -family housing to the south of the commercial area. To the southwest
of the project site is commercial office.
City staff finds that the proposed rezoning is compatible with the neighborhood. The
proposed rezoning places the RM -12 zone district to the northwestern area of the project
site, which will place an apartment building next to the neighborhood commercial area,
and south of the Herbert Hoover Highway arterial. The proposed rezoning also places the
RM -20 zone south of the Herbert Hoover Highway arterial, and east of the RM -12 zone. This
focuses the higher density housing along the arterial and next to neighborhood
commercial.
The applicant has provided a concept plan and elevation for the design of the two multi-
unit buildings. The proposed multi -family communities are subject to the multi -family site
development standards outlined in the zoning code. The purpose of these standards is to
promote safe, attractive, and pedestrian -friendly neighborhoods. The standards address
multiple design elements, such as screening, landscaping, building placement, and
building articulation. Staff will review the project against these standards at the site plan
review stage.
Traffic Implications, Access, and Street Design: The Northeast District Plan discusses the
importance of an interconnected transportation system. Therefore, this site will be
accessed via Herbert Hoover Highway by a proposed north/south road to be constructed by
the developer. The proposed north/south road will eventually end at the southern property
line allowing for an extension should the parcel to the south redevelop. The maintenance of
the north/south road will be the property owner's responsibility until the completion of
Phase B. Once completed, the road will be dedicated to the City, and at that time, the City
will take over maintenance. Staff recommends adding a condition requiring the provision
of the north/south street, built to City standards, to be platted and dedicated to the City as a
public improvement in accordance with a subdivider's agreement, in a form acceptable to
the City Attorney. Staff has also received a concept plan that shows the general layout of
the buildings and the north/south road. Staff recommends adding a condition requiring
general conformance with the concept plan in terms of the layout of the roadway.
Herbert Hoover Highway is the arterial street connecting the property to the rest of Iowa
City. Per the Iowa DOT, the current average daily traffic on Herbert Hoover Highway is 4,650
and the theoretical capacity of this arterial is approximately 15,200. Therefore, the roadway
can accommodate traffic associated with the proposed rezoning.
Herbert Hoover Highway is currently not built to City standards because there is no curb,
gutter or storm sewer. The Subdivision Code gives the City the discretion to approve
development on roads that do not meet City standards, provided the developer contributes
to the cost of improvement. For arterial streets, the fee is 12.5% of the cost for street
improvement, based on the City Engineer's estimate.
The RM -12 and RM -20 zone districts require a 40 -foot building setback from arterials. Due
to the number of dwelling units allowed in the proposed multi -family zone districts, staff
recommends adding a condition requiring a detailed landscaping plan at the time of
platting to ensure landscaping along Herbert Hoover Highway provides a noise and wind
buffer from the arterial. Staff suggests working with the City Arborist to identify appropriate
species for buffering and an appropriate tree density.
Currently, there is an 8 -foot sidewalk built on the south side of Herbert Hoover Highway.
This also acts as a sidepath for bicycles. The subdivision ordinance requires sidewalks on
both sides of public and private streets, so additional sidewalks will be required at the
time of platting along the proposed north/south street.
The proposed development is closest to the Eastside Express bus line, with a bus stop
approximately half a mile away. Slightly further are the Eastside Loop and Rochester
lines.
Neighborhood Parkland or Fees in Lieu of: The Northeast District Plan calls for increasing
neighborhood opportunities for accessing open space by incorporating pocket parks as
well as smaller public or private open space areas. Per the open space dedication
requirement formula, the developers must account for approximately 0.28 acres of public
open space or pay a fee in -lieu.
Infrastructure Fees: For this 4.34 acre area being rezoned, there is a requirement of $435
per acre for water infrastructure. There is another infrastructure fee of $1,038.26 per acre
that covers the cost of taping into the City's sanitary sewer system.
SUMMARY:
Based on the analysis, staff finds that the proposed rezoning with certain conditions
attached fits with both the Comprehensive Plan and the Northeast District Plan, especially
when considering the affordable and mixed -type of housing proposed. The proposed
rezoning would allow for multi -family as well as single family housing at various densities.
STAFF RECOMMENDATION:
Staff recommends the approval of REZ18-00020, an application submitted by IC Housing,
LLC, for a rezoning from ID -RM to RM -20 for approximately 1.79 acres and RM -12 for
approximately 2.55 acres on approximately 4.34 acres of property located south of Herbert
Hoover Highway and east of Scott Blvd subject to City Council approval of the following
conditions:
1) A north/south street shall be built to City standards and dedicated to the City as a
public improvement in accordance with a subdivider's agreement, in a form
acceptable to the City Attorney.
2) A detailed landscaping plan to be approved by the City Arborist to ensure a
landscaped area that buffers noise and wind from the proposed housing
communities at the time of platting.
3) No building permit shall be issued for the subject property until the City Council
approves a final plat that conforms to the proposed zoning boundaries and
generally conforms with the street layout on the concept plan.
ATTACHMENTS:
1. Location Map with Current Zoning
2. Zoning Exhibit -Proposed Zoning
3. Concept Plan
4. Concept Elevation
5. Summary of Good Neighborhood Meeting & Sign -in Sheet
6. Letter from neighboring property owner
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
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1.46 ACRES 10-11-2018
A?CWWU, LLC
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L— — — — — — — — — — — — - I I — -- — --
OPTION 8G Iowa City, IA
A-0
MEARDON, SUEPPEL & DOWNER P.L.C.
LAWYERS
ROBERT N. DOWNER
1 22 SOUTH LINN STREET
DOUGLAS D. RUPPERT
IOWA Cf1Y, IOWA 52240 -1 802
TIMOTHY J. KRUMM
WILLIAM J. SUEPPEL
TELEPHONE: (31 9) 3389222
CHARLES A. MEARDON
Fax; (3 ) 9) 338-7250
PETER J. GARDNER
SEAN W. WANDRO
WWW. MFARDONLAW.COW,
GRANT D. L EENTC
STEPHANIE A. WORRELL
October 1, 2018
HAND DELIVERED
Anne Russett, AICP
Senior Planner
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
Dear Ms. Russett:
2�-
WILLIAM L. MEARDON
(1 9 1 9- i 997)
OF COUNSEL:
JAMES D. McCARRAGHER
RETIRED:
WILLIAM F. SUEPPEL
THOMAS D. HOBART
MARGAREfT. LAINSON
Enclosed herewith is a letter from Ted Pacha regarding the proposed development by Sand
Development Group LLC at 4632 Herbert Hoover Highway. I believe you have spoken
with Ted about these matters. At his request, I am submitting this letter to you in the hopes
you will forward it to the Planning and Zoning Commission for its October 4, 2018 meeting.
Although the letter is self-explanatory, I do want to echo some of the concerns reflected in
Ted's letter. The Churchill Meadows Development has been nothing but a headache for
Ted. Please review the pictures enclosed with his letter. As you are aware, the runoff from
the Churchill Meadows Development has basically destroyed Ted's pond. The developers
of Churchill Meadows refuse to address the situation with Ted. The developer claims that
the City and the contractors are now responsible for the problems the developer created.
Thus far, the City s efforts to assist have been, with all due respect, ineffective. Now, on the
heals of Churchill Meadows, another developer wishes to build on property north of Ted's
pond which will again drain towards Ted's property.
At the risk of stating the obvious, whatever storm water detention requirements the City
had for Churchill Meadows are not working, Ted is extremely concerned that the storm
water requirements to be imposed on Sand Development Group will be as effective as those
for Churchill Meadows. As shown in his letter, Ted asks that all of the storm water
management issues be addressed 'immediately to preserve Ted's property.
7AIM
V YEARS SERVING THE CORRIDOR
Anne Russett, AICP
October 1, 2018
Page 2
Should you have any questions or concerns, please feel free to contact me or Ted.
Very truly yours,
Charles A. Meardon
CA-N4/tw
Enc.
Cc: Jeff Bruin
Ben Clark
October 1, 2018
Anne Russett, AICP
Senior Planner
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
Anne,
Oft
Thank you for your time on the phone last Tuesday Re: the 4632 Herbert Hoover
Highway (Iowa City Housing Group LLC) application for a request for change in
zoning coming before the City Planning & Zoning Committee on October 4. As I
mentioned on the phone, I am leaving town that morning for a business trip and will be
unable to attend the meeting on that date.
I went to the Good neighbor Meeting on September 25, but must have just missed you. I
did talk with Megan Sand Carr, Sr. Business Development Manager from Sand
Development Group LLC. I told her of my considerable concerns with run-off from
another development north of my pond and the extreme likelihood that I would have
the same problems. I am currently having with the Churchill Meadows Development.
The severe sediment runoff from that development has been causing my family angst
since May of 2017.
The Iowa City Engineering Department and the DNR have allegedly been fining the
developer of Churchill Meadows for months to no avail. See pictures attached of the
two "rivers" of brown sediment that runs down from this development. This developer
states it's not his problem as the contractors and the City are responsible for these
issues. I have spoken with the appropriate city employees, Ben Clark, Julie Tallman,
etc., but nothing seems to change.
I have spent nearly $40,000 to have the pond dredged and removed thousands and
thousands of cubic yards of sediment in hopes the runoff problem had been solved at
Churchill Meadows Development. Clearly this is not the case as evidenced by the
attached photos taken in the last 3-4 weeks!
Anne Russett, AICP
October 1, 2018
Page 2
What does the Churchill Meadows Development have to do with the Sands Group
request? Everything. The City of Iowa City and Planning and Zoning should not
approve another development north of my property and pond until resolution is found
for the runoff from Churchill Meadows!
I do not want to hold up on the Sand's Development request, but clearly it will be a
repeat of what I have been dealing with since May of 2017!
At the neighborhood meeting with the Sands Group last week, they showed me plans
for their development. On Lot C they wanted a cul-de-sac, but were informed by the
City it would have to be a street poured directly up to my property line to the South of
Lot C! Why? That would be a direct paved path to the north of my property line which
would create another river of water, sediment, etc. to my pond! Why does the City of
Iowa City insist again to run streets directly to my property (I have two streets to
nowhere to the west of my property now). My property is in the county! These streets
are useless, not to mention the developers tore out fences, trees, etc. for the streets to
nowhere and have replaced or repaired none of these.
Anne, you requested that I detail my issues in writing so you could forward to the
appropriate people at the City. Sorry this is so lengthy, but this was been very
frustrating for me and my family.
Thank you,
1 4clyi -
Ted Pacha
319-631-3146
Copy to:
Ben Clark, City Engineer
Jeff Fruin, City Manager
9126/2018
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Summary Report for
Good Neighbor Meeting
_r r
CITY OF IOWA CITY
Project Name: NEX/IC Housing Group II, LLC project Location: 4643 Herbert Hoover Highway SE
Meeting Date and Time: September 25, 2018 from 5:30 to 7:00 pm
Meeting Location: Helen Lemme Elementary School Library
Names of Applicant Representatives attending: Megan Carr
Nikki Sand
Names of City Staff Representatives attending: Anne Russett, Jesi Lile
Number of Neighbors Attending: 1 Sign -In Attached? Yes X No
General Comments received regarding project (attach additional sheets if necessary) -
Why does the road need to run to the southern property line?
Overall, no opposition to the proposed development, but concerns on stormwater runoff.
Concerns expressed regarding project (attach additional sheets if necessary) -
Concerns relating to stormwater runoff (as a neighboring developer is currently
impacting the neighbors ponds with stormwater runoff).
Will there be any changes made to the proposal based on this input? If so, describe:
IC Housing Group, LLC has requested clarification from the City to determine if we can
have the road end in a cul-de-sac or if a dead-end road to the southern property line will be required.
Staff Representative Comments
NEIGHBORHOOD
SIGN -IN SHEET
IC Housing Group, LLC
Tuesday, September 25, 2018
NAME
ADDRESS
PHONE NUMBER
EMAIL ADDRESS
L.
2
3
4
5
6
7
8
9
10
11
12
13
1
14
15
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Planning and Zoning Commission
October 18, 2018
Page 2 of 15
REZONING ITEM (REZ18-00020):
Discussion of an application submitted by IC Housing Group, LLC for the rezoning of
approximately 4.34 acres of property located at 4643 Herbert Hoover Highway SE from Interim
Development Multi -Family Residential Zone (ID -RM) to Low Density Multi- Family Residential
Zone (RM -12) for approximately 2.55 acres and Medium Density Multi -Family Residential Zone
(RM -20) for approximately 1.79 acres.
Russett began the staff report showing an aerial map of the site, the applicant is proposing to
rezone some of the area to RM -12 and the remainder of the site will remain Interim
Development- Single Family Residential (ID -RS).
The applicant has used the "Good Neighbor Policy", and a Good Neighbor Meeting took place
on September 25, 2018 at Helen Lemme Elementary School. One neighboring resident
attended the meeting and expressed concerns related to construction site runoff and stormwater
management and concerns related to the proposed public street. The same neighbor also
submitted a letter to the Commission which was included in the agenda packet.
Russett gave an overview of the three part project, phase A is the rezoning of about 2.5 acres to
RM -12, the applicant is proposing an affordable, family apartment building of about 36 units on
this site. The applicant has secured tax credits from the Iowa Finance Authority for the project
as well as $400,000 from the Johnson County Trust Fund and $200,000 from the City of Iowa
City. Phase B (on the east side of the property) is the proposal of about 1.8 acres to RM -20 and
are considering an affordable senior housing project of about 52 units. Phase C would be a
future rezoning.
With regards to the Comprehensive Plan Future Land Use Map it identifies this area as
residential development around of 2-8 dwelling units per acre and in addition the Plan
encourages goals for a diversity of housing options. Additionally, the Northeast District Plan
encourages housing diversity and a mixture of single family residential along with townhomes
and small apartment buildings. The Northeast District Plan lays out how this should be done by
locating townhouses and apartment buildings adjacent to neighborhood commercial areas and
at intersections of arterial and collector streets. Staff finds the proposed rezoning is consistent
with the Comprehensive and District Plans due to the location of the project near the Olde Town
Village commercial areas and along the Herbert Hoover Highway arterial, therefore a mixture of
housing types, including multi -family, is appropriate.
Russett next showed pictures of the project site. The applicant has provided a concept plan and
elevation for the design of the two multi- unit buildings. Russett noted these are just concepts
and staff will need to review plans as they move through the site review stage.
In terms of transportation issues The Northeast District Plan discusses the importance of an
interconnected transportation system. There is a current 8 foot side path constructed along
Herbert Hoover Highway and the project site is within half a mile from a transit stop. Staff is
proposing a condition of approval be a north/south street shall be built to City standards and
dedicated to the City as a public improvement in accordance with a subdivider's agreement as
well as a detailed landscaping plan, particularly focusing on providing a buffer from the
proposed housing and Herbert Hoover Highway.
Russett noted one correction regarding the neighborhood open space requirement, the staff
Planning and Zoning Commission
October 18, 2018
Page 3 of 15
report stated approximately 0.28 acres of public space is require or they must pay a fee -in -lieu
and that number should actually be around 0.35 acres.
Staff recommends the approval of REZ18-00020, an application submitted by IC Housing, LLC,
for a rezoning from ID -RM to RM -20 for approximately 1.79 acres and RM -12 for approximately
2.55 acres on approximately 4.34 acres of property located south of Herbert Hoover Highway
and east of Scott Blvd subject to City Council approval of the following conditions:
1. A north/south street shall be built to City standards and dedicated to the City as a public
improvement in accordance with a subdivider's agreement, in a form acceptable to the
City Attorney.
2. A detailed landscaping plan to be approved by the City Arborist to ensure a landscaped
area that buffers noise and wind from the proposed housing communities at the time of
platting.
3. No building permit shall be issued for the subject property until the City Council
approves a final plat that conforms to the proposed zoning boundaries and generally
conforms with the street layout on the concept plan.
Hensch asked about landscaping and noted the main concern is providing a buffer from Herbert
Hoover Highway but the Commission prefers to see a landscaping plan for the entire project
and not just focused on one area. He noted the Iowa City Care Center is to the south of the
project and there should be some buffering there as well. Russett stated the applicant is
required to submit a complete landscaping plan that meets the City's landscaping requirements,
what staff is asking for in the condition is for the applicant to go above and beyond the
standards in that area.
Hensch also inquired about a topographical map for this area because of the concerns raised
regarding stormwater. Russett does not have a topographical map but showed on her map
where the site slopes heavily on the eastern side of the site. Hensch noted with the third parcel
being undeveloped that will temporarily mitigate stormwater issues going to the southeast, but
feels it should be addressed now and not wait until that third parcel is developed.
The final point Hensch is concerned about is the fee -in -lieu of public space, and none of the
developments in area have any neighborhood space. Russett noted that it is possible that all
developments in the area will do a fee -in -lieu of if there is not space on the sites for park areas.
Staff would work with the City's Parks Department on this during final platting. Hensch asked
what size of space is needed for pocket parks, he feels it is necessary for children to have a
place to play close to their homes. Russett is unsure of the preferred size but noted the
applicant is proposing some open space for the residents of this project.
Townsend asked what the affordable housing is based on since this project is receiving funds
towards affordable housing. Russett noted the applicant can address the rents and target
renters.
Dyer noted that since affordable housing is likely to include children it should be expected to
have a playground or facility for children to play onsite. Russett noted the applicant is proposing
a playground on the site.
Hensch open public meeting.
Megan Carr (IC Housing Group, Sand Development LLC.) stated they do have a proposed
Planning and Zoning Commission
October 18, 2018
Page 4 of 15
playground for the site, there are also picnic tables, a bike rack and they intentionally moved the
parking lot over so there would be open green space for the children to play. Carr also stated
there will be a buffer along the property line next to the Iowa City Care Center, it is a hedge
along the parking lot.
Martin asked about the playground area and Carr said they can send the City photos of the
playground equipment and areas they have developed on other sites.
Dyer noted the handouts the Commission received in the packets are not easy to read. Martin
agreed noting it is better to have more visuals so they can make better informed decisions. Carr
said when they come back before the Commission at the preliminary plat stage they will provide
better detailed plans.
Carr noted they have received tax credits from the Iowa Finance Authority and hope to close on
the land in early 2019 and start construction.
Townsend asked if the entire project is considered affordable housing. Carr noted the first
phase is funded through Iowa Finance Authority so it will all be affordable, low-income housing.
Townsend asked what is considered affordable. Carr said in this community they have
proposed 6 1 -bedroom units, 12 2 -bedroom units and 18 3 -bedroom units and there is a mix of
30, 40 and 60 and there will be 4 market rate units. Carr said current market rate for a 1 -
bedroom would be under $1000 and up to a 3 -bedroom would be $1300. At the 30% rate it is
about $450 for a 1 bedroom and about $620 for a 3 -bedroom.
Parsons asked how many people would live in phase A if all bedrooms were full. Carr said it is
unlikely they would ever have full maximum occupancy, they do allow up to 2 occupants per
bedroom in their units, but in most cases the occupancy is less. In this development there
would be around 80-81 bedrooms.
Signs asked how many stories are the buildings. Carr said they are both 3 -stories, and within
the 35 foot roof height requirement.
Hensch asked if phase B is maybe a senior housing development or surely a senior housing
development. Carr said if built at 52 units it would have to be a senior housing development
because of the bonus, if they kept the development as family housing they were unable to
garner any additional funding from the City of Iowa City or Johnson County.
Martin asked about the concept of the building. Carr said they are looking at a row -house style
so the one building looks like many different buildings to better blend in with the community.
The building would be 60% brick or Architectural CMU Block and the remaining portion would
be a cement board siding or similar product.
Signs asked why they are not including phase C into this current plan, and noted his concern
about stormwater draining and neighboring properties. Carr said they are not including phase C
right now because they are unsure what they will do with that development, most likely it will be
an outlot and it will need to come back to rezoning for a platting process. She stated they are
also looking at doing a regional pond on phase C where the stormwater would collect. Carr said
they have talked with the neighbor and will continue to keep an open line of communication with
the concerned neighbor as the development moves forward.
Planning and Zoning Commission
October 18, 2018
Page 5 of 15
Hensch closed the public hearing
Parsons moved to recommend approval of REZ18-00020, an application submitted by IC
Housing, LLC, for a rezoning from ID -RM to RM -20 for approximately 1.79 acres and RM -
12 for approximately 2.55 acres on approximately 4.34 acres of property located south of
Herbert Hoover Highway and east of Scott Blvd subject to City Council approval of the
following conditions:
4. A north/south street shall be built to City standards and dedicated to the City as
a public improvement in accordance with a subdivider's agreement, in a form
acceptable to the City Attorney.
5. A detailed landscaping plan to be approved by the City Arborist to ensure a
landscaped area that buffers noise and wind from the proposed housing
communities at the time of platting.
6. No building permit shall be issued for the subject property until the City Council
approves a final plat that conforms to the proposed zoning boundaries and
generally conforms with the street layout on the concept plan.
Signs seconded the motion.
Martin noted this area is one of the entrances to Iowa City and it is very important to keep the
entrances to Iowa City beautiful and she is concerned about how little information the
Commission was given on concepts and not knowing what the end result will look like with all
three pieces.
Hensch agreed with Martin's concern regarding this being an entrance to Iowa City and feels
the landscaping plans along Herbert Hoover Highway are important as well as his concern
about the people living at the Iowa City Care Center and the view from their facility should not
be a parking lot. It is a lot of density in this area so landscaping is needed. He acknowledged
Iowa City desperately needs affordable housing but that doesn't mean people who live in
affordable housing shouldn't have decent facilities and areas to live in. Hensch is concerned
about the overall lack of green space or a place for a pocket park. Additionally there seems to
be chronic problem in Iowa City regarding stormwater management and he feels the
Commission should receive a City Engineer's report for any rezoning, especially in this area
when they know it is an issue with the neighbors.
Parsons asked if the City Engineer has to sign off on every application for stormwater
management. Russett said stormwater management is addressed at platting and the site plan
stage so the applicant will be required to meet all the City's stormwater management
regulations.
Martin noted that yes the City needs this type of housing and really likes the style of the building
but wants to make sure smart decisions are being made for the entire community.
Hensch also noted that the Commission has often seen elevation drawings at the rezoning
phase so they can be better informed and that hasn't happened lately.
Signs concurred and noted that is his concern about the phase C lot, the area is dense, it is
neighboring both residential and commercial, and is uncomfortable not having a picture of the
whole property at this stage.
Planning and Zoning Commission
October 18, 2018
Page 6 of 15
Dyer noted the landscape issue is because the parking lot in phase A is a large
asphalt/concrete parking area and often with areas that large there is also landscaping within
the parking lot, the residents of one side of the building will have a view of only the parking lot
as well.
Russett noted the City does have landscaping requirements for parking lots and all of that is
addressed at the site plan stage and the whole project is subject to the City's multi -family design
standards.
Townsend noted the concern regarding the nearest bus stop 1/2 mile away when this is to be
low-income, affordable housing.
Signs noted a challenge of affordable housing in the community is there is not a lot of options of
where to put it, and most of the places are on the fringe of town. The Iowa Finance Authority
scores the applications based on the housing being close to schools, shopping amenities, etc.
and that is not possible in Iowa City.
Parsons said there is such a prejudice against affordable housing so it is important to make sure
these developments are done right to counter the prejudice. Hensch noted he has many
questions still lingering tonight regarding the development.
Hensch asked if the sense of the Commission was to defer this topic for more information.
Dyer stated it would be good to see examples of other affordable housing this developer has
completed.
Russett asked what the Commission would like the applicant to further provide. She has heard
pictures of playgrounds, other developments, etc.
Martin said often the Commission has received pictures of products that will be used,
playgrounds, and at the very least elevations to see how it will all look.
Russett noted the rezoning request is not for phase C and therefore there is no concept for that
area. Signs feels that is part of the problem and the whole area should be handled as a whole.
Hensch would like more information regarding a landscape plan and building elevations.
Dulek noted the Commission must act within 45 days of the application or it will be considered
approved and day 45 is Sunday, October 281h therefore unless the applicant is willing to waive
the 45 day requirement action must be taken.
Parsons noted that most of the informational items the Commission is requesting can be on the
preliminary plat which will come before the Commission. Russett acknowledged they can
definitely provide more detail at that stage. Tonight's decision is a land use decision, is the
Commission comfortable with multi -family use in this area of the city, will it be compatible with
the neighborhood and consistent with the Comprehensive Plan. Parson stated he is
comfortable with the RM -20 and RM -12 at this location.
Hensch acknowledged they will see more information at the preliminary plat stage for this
project and could take a leap of faith and approve this. However he noted staff should be aware
the Commission wants to see more detailed information on similar applications in the future.
A vote was taken and the motion passed 4-2 (Martin & Dyer dissenting, Baker absent).
b
Prepared by: Anne Russell,Senior Planner,410 E.Washington Street, Iowa City,IA 52240;319-356-5240(REZ18-
00020)
Ordinance No. 18-4773
An ordinance conditionally rezoning approximately 5.49 acres of
property located at 4643 Herbert Hoover Highway, from Interim
Development Multi-Family Residential (ID-RM) to Medium Density
Multi-Family Residential (RM-20) and Low Density Multi-Family
Residential (RM-12). (REZ18-00020)
Whereas, the applicant, IC Housing Group, LLC, has requested a rezoning of property located at 4643
Herbert Hoover Highway from Interim Development Multi-Family Residential (ID-RM) to Medium Density
Multi-Family Residential(RM-20)and Low Density Multi-Family Residential(RM-12); and
Whereas, the Comprehensive Plan indicates that this area is designated for residential development
and calls for smaller lots to encourage land conservation and affordable housing units;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 a
north/south public street, additional landscaping along Herbert Hoover Highway, and replatting that follows
the zoning boundaries;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,properties described below are hereby classified:
Low Density Multi-Family Residential(RM-12):
BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF TEGLER SUBDIVISION TO JOHNSON
COUNTY IN IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 25 AT PAGE 42 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE N74°50'34"E, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 331.02 FEET;
THENCE S15°38'54"E, 376.37 FEET; THENCE S74°21'06"W, 30.00 FEET; THENCE S58°56'58"W,
75.31 FEET, TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE S89°39'37"W,ALONG SAID
WEST LINE, 325.76 FEET; THENCE N00°19'42"W, ALONG SAID WEST LINE, 324.74 FEET, TO THE
POINT OF BEGINNING. SAID ZONING PARCEL CONTAINS 3.16 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
And Medium Density Multi-Family Residential(RM-20):
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF TEGLER SUBDIVISION TO JOHNSON
COUNTY IN IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT
BOOK 25 AT PAGE 42 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE S00°40'21"E, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 435.31 FEET;
THENCE N90°00'00"W, 173.54 FEET; THENCE S74°21'06"W, 30.00 FEET; THENCE N15°38'54"W,
376.37 FEET, TO A POINT ON THE NORTH LINE OF SAID LOT 1, THENCE N74°50'34"E, ALONG
SAID NORTH LINE, 309.61 FEET, TO THE POINT OF BEGINNING. SAID ZONING PARCEL
CONTAINS 2.33 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
Ordinance No. 18_477'3
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. upon the final passage, approval and
publication of this ordinance, as provided by law.
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 4th day of December , 20 18
May
Attest,.}J' t P
City Clerk /
Approved by
,'6
Ci Attorney's Office
Ordinance No. 18-4773
Page 3
It was moved by Mims and seconded by Cole that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Cole
x
Minis
x Salih
x _ Taylor
x Teague
x Thomas
x Throgmorton
First Consideration 11/20/2018
Vote for passage: AYES: Salih, Taylor, Teague, Throgmorton,
Cole, Mims. NAYS: Thomas. ABSENT: None.
Second Consideration
Vote for passage:
Date published 12/13/2018
Moved by Mims, seconded by Taylor, that the rule requiring ordinances
to be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be finally passed be suspended,
the second consideration and vote be waived and the ordinance be voted
upon for final passage at this time.
AYES: Taylor, Teague, Throgmorton, Cole, Mims, Salih.
NAYS: Thomas. ABSENT: None
Prepared by:Anne Russell, Senior Planner,410 E.Washington, Iowa City, IA 52240(319)356-5240(REZ18-00020)
Conditional Zoning Agreement
This agreement is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter
"City"), Lyle Mark and Betsy Larson (hereinafter collectively referred to as "Owner"), and IC
Housing Group, LLC (hereinafter"Applicant").
Whereas, Owner is the legal title holder of approximately 5.49 acres of property located
at 4643 Herbert Hoover Highway; and
Whereas, Applicant has requested the rezoning of said property from Interim
Development Multi-Family Residential (ID-RM) to Medium Density Multi-Family Residential (RM-
20)and Low Density Multi-Family Residential (RM-12); and
Whereas, the Planning and Zoning Commission has determined that, with appropriate
conditions regarding the provision of a north/south public street, additional landscaping along
Herbert Hoover Highway, and replatting that follows the zoning boundaries, the rezoning 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 ensuring transportation connectivity throughout the neighborhood, providing adequate
landscaping to buffer residents from traffic along Herbert Hoover Highway, and ensuring the lot
lines following zoning boundaries; 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 the need for an interconnected transportation network; 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. Lyle Mark and Betsy Larson are the legal title holders of the property legally described
as
BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF TEGLER SUBDIVISION
TO JOHNSON COUNTY IN IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT
THEREOF RECORDED IN PLAT BOOK 25 AT PAGE 42 OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE N74°50'34"E, ALONG THE
NORTH LINE OF SAID LOT 1, A DISTANCE OF 331.02 FEET; THENCE S15°38'54"E,
376.37 FEET; THENCE S74°21'06'W, 30.00 FEET; THENCE 558°56'58"W, 75.31
FEET, TO A POINT ON THE WEST LINE OF SAID LOT 1; THENCE S89°39'37"W,
ALONG SAID WEST LINE, 325.76 FEET; THENCE N00°19'42"W, ALONG SAID WEST
LINE, 324.74 FEET, TO THE POINT OF BEGINNING. SAID ZONING PARCEL
CONTAINS 3.16 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS
OF RECORD.
AND
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF TEGLER SUBDIVISION
TO JOHNSON COUNTY IN IOWA CITY, IOWA, IN ACCORDANCE WITH THE PLAT
THEREOF RECORDED IN PLAT BOOK 25 AT PAGE 42 OF THE RECORDS OF THE
JOHNSON COUNTY RECORDER'S OFFICE; THENCE S00°40'21"E, ALONG THE
EAST LINE OF SAID LOT 1, A DISTANCE OF 435.31 FEET; THENCE N90°00'00"W,
173.54 FEET; THENCE S74°21'06"W, 30.00 FEET; THENCE N15°38'54"W, 376.37
FEET, TO A POINT ON THE NORTH LINE OF SAID LOT 1, THENCE N74°50'34"E,
ALONG SAID NORTH LINE, 309.61 FEET, TO THE POINT OF BEGINNING. SAID
ZONING PARCEL CONTAINS 2.33 ACRES, AND IS SUBJECT TO EASEMENTS AND
RESTRICTIONS OF RECORD.
2. The Owner acknowledges that the City wishes to ensure conformance to the principles
of the Comprehensive Plan and the Northeast 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, in order 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. No building permit shall be issued for the subject property until the City Council
approves a final plat thereof that conforms to the zoning boundaries and generally
conforms with the street layout on the concept plan.
b. Owner acknowledges that, upon final platting the subject property, it will be
obligated to install certain improvements prior to issuance of a building permit,
including the construction of a north/south street from Herbert Hoover Highway to
the southern property line. Such improvements shall be constructed to City
standards and dedicated to the City as a public improvement in accordance with
a subdivider's agreement, in a form acceptable to the City Attorney, executed at
the time the property or any portion thereof is subdivided. If the Owner should
desire a building permit on any lot in said subdivision before the public
improvements have been installed, the Owner shall deposit with the Department
of Housing and Inspection Services, in escrow or provide a letter of credit an
amount equal to the estimated cost of constructing said roadway and other public
improvements shown on the final plat, plus ten percent (10%) thereof. The City
Engineer shall determine the amount of the escrow or letter of credit which shall
be collected for each building permit issued prior to the installation of the public
improvements.
c. Any development of the subject property shall be done in accordance with a
detailed landscaping plan to be approved by the City Forester to ensure a
landscaped area that buffers noise and wind from Herbert Hoover Highway.
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 4th day of December , 2018.
City of Iowa City
By: im Throgmorto717±L.
ayor Betsy Larson
Attest:
Kellie Fruehling, ity Clerk Lyle Mark Larson
Approved by:
IC Housing Group, LLC
City Attorney's Office ,i/i`i/ r
By:
City Of Iowa City Acknowledgement:
State of Iowa
ss:
Johnson County
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 I`"1 day of 10o ✓ , 201K
City of Iowa City I
By: Jim Throgmorton, Mayor :etsy Larson
Attest:
Kellie Fruehling, City Clerk Lyle Mark Larson
Approved by:
IC Housing Gro�� g C
City Attorney's Office
eti i C—Tfre--1
City Of Iowa City Acknowledgement: 7tca
State of Iowa )
) ss:
Johnson County )
This instrument was acknowledged before me on 4;)€ eI er , 20a by Jim
Throgmorton and Kellie Fruehling as Mayor and City Clerk, respetively, of the City of Iowa City.
14/
I � Notary Public in and f.f e State of Iowa
•:COE, a My Commission Expires
i -5 - (Stamp or Seal)
IC Housing Group, LLC Acknowledgement:
State of Minrescs}-4 )
) ss:
, tudfl. County )
This instrument was acknowledged before me on t• ogmlecir , 20J by
LLCm''_ `1"I�e I-C�n as Sec'tk x-� IT► u�'cr of IC Housing Group,
'.;". JENNIFER R. RICE
v % NOTARY PUBLIC-MINNESOTA tary Publi in and for said Countyand State
My Comm.Exp.Jan. 31,2021
(Stamp or Seal)
Betsy Larson Acknowledgement:
State of a)
County of `7-1OS A 43, �4
This record was acknowledged before me on L)OMAcI-- 9-O , 2018 by Betsy
Larson.
I
EVA PAGE
NOTARY PUBLIC Notary Public in and fo, he State of CC)
STATE OF COLORADO
NOTARY ID 20054029852 (Stamp or Seal)
MY COMMISSION EXPIRES 07/29/2021
My commission expires: 011 Zet
Lyle Mark Larson Acknowledgment:
State of C,U
County of bWk,- Ut
This record was acknowledged before me on , 2018 by Lyle
Mark Larson.
EVA PAGE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054029852
MY COMMISSION EXPIRES 07/29/2021
Notary ublic in and for the tate of QD
(Stamp or Seal) I
My commission expires: 0110-, -(
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From:
Anne Russett
To:
Anne Russett
Subject:
FW: Council Meeting
Date:
Monday, November 26, 2018 1:39:24 PM
Hi Anne —
We are requesting to have the second and third readings consolidated. Thanks.
Nikki Sand I Sr. Business Development Manager I Sand Development, LLC 1366 South Tenth
Avenue, PO Box 727, Waite Park, Minnesota 56387 1320.202.3100 (ph) 1320.202.3139 (fax)
www.SandDevelol2ment.com
Item Number: 8.c.
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www.icgov.org
December 4, 2018
Ordinance amending Title 14, Zoning Code of the Iowa City Code related to
Transfer of Development Rights for certain historic properties. (ZCA18-
00003)
ATTACHMENTS:
Description
Memo to City Manager -Updated Receiving Area Maps
Memo to City Manager
PZ Staff Report
HPC Minutes
P&Z Minutes - Preliminary
Ordinance
1 � 1
mg
4
CITY OF IOWA CITY
MEMORANDUM
Date: December 4, 2018
To: Geoff Fruin, City Manager
From: Anne Russett, Senior Planner, Neighborhood & Development Services
Re: Amendment to Title 14, Zoning Code of the Iowa City Code related to Transfer of
Development Rights for Historic Properties (ZCA18-0003)
At the City Council's November 20, 2018 public hearing on the proposed transfer of development
rights ordinance for historic properties, the Council requested revised maps showing the proposed
eligible receiving sites. Attached are the updated maps that show the eligible receiving sites by
planning district.
Attachments:
1. Proposed Eligible Receiving Sites — Maps by Planning District
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4
CITY OF IOWA CITY
MEMORANDUM
Date: November 20, 2018
To: Geoff Fruin, City Manager
From: Anne Russett, Senior Planner, Neighborhood & Development Services
Danielle Sitzman, Development Services Coordinator, Neighborhood & Development
Services
Re: Amendment to Title 14, Zoning Code of the Iowa City Code related to Transfer of
Development Rights for Historic Properties (ZCA18-0003)
Introduction
At the City Council's work session on September 4, staff received direction on specific policy
questions from the City Council on the development of a city-wide transfer of development right
ordinance for historic preservation. Since then, staff drafted an ordinance and presented it to both
the Historic Preservation Commission and the Planning and Zoning Commission.
Since the Planning and Zoning Commission recommended approval of the draft transfer of
development rights ordinance at its meeting on October 18, staff completed some additional
research and analysis. In addition to providing a summary of the draft ordinance, this memo
outlines the recent research and analysis, which includes the following:
• An analysis of potential sending sites and the estimated density and height transfer
potential.
• An updated map identifying potential receiving sites and several associated maps to help
visualize the maximum height, density, and number of dwelling units allowed by the
current zone district.
This memo also outlines some remaining staff concerns related to the efficacy of the proposed
ordinance.
Summary of Draft Ordinance
A summary of the key components of the draft ordinance is outlined below:
Eligible Sending Sites
At the City Council's work session, the Council recommended that eligible sending sites only
include future Iowa City historic landmarks. Based on feedback from the Historic Preservation
Commission, staff expanded this to include the five properties designated as Iowa City historic
landmarks in Summer 2018, as well as contributing properties in future Iowa City historic districts.
The HPC expressed concern that applying this only to future local historic landmarks could act as
a disincentive to the creation of local historic districts. In addition, the properties designated in
Summer 2018 came before the City Council around the same time as the proposed local landmark
designation of 410-412 N. Clinton Street, which resulted in the development of the draft ordinance.
Therefore, the draft ordinance outlines the following requirements for sending sites:
• Sending sites must be zoned single-family residential, multi -family residential, or
commercial.
November 15, 2018
Page 2
• Sending sites must be designated as either an Iowa City historic landmark or listed as a
contributing structure in an Iowa City historic district after January 1, 2018.
In addition, the draft ordinance includes language that states all historic buildings on the sending
site must be preserved against deterioration and kept free from structural defects. If rehabilitation
is necessary due to poor condition, this provision allows the staff design review committee to not
recommend the approval of a transfer. In addition, if a transfer is approved, the applicant must
agree to ensure the property will be preserved against decay and deterioration.
Eligible Receiving Sites
For the receiving sites, the City Council recommended that staff explore including properties in
Riverfront Crossings and those that allow multi -family development.
The draft ordinance identifies the following sites as eligible receiving sites:
• Properties zoned Riverfront Crossings. This does not include all properties within the
Riverfront Crossings district, only those properties rezoned to an RFC -XX designation;
• Properties zoned Multi -family; and
• Properties zoned Commercial that allow multi -family dwellings either as a permitted or
provisional use.'
Properties designated as Iowa City historic landmarks, located within Iowa City historic districts
or conservation districts, or designated in the National Register of Historic Places are not eligible
as receiving sites. [Attachment 1]
Transfer of Development Rights
The City Council instructed staff to create a more limited transfer formula than that which currently
exists in Riverfront Crossings. Council requested that staff use other city's formulas as a guide.
Based on this input, the draft ordinance provides the option to allow a transfer request for either
a height bonus or a density bonus, but not both a height and density bonus. The draft also allows
transfer requests to exceed either the height or density permitted on the receiving site, with the
following limitations:
• Height bonuses are restricted to no more than 40 feet above the maximum height allowed
per the base zone districts, and
• For transfers proposed next to single-family residences, height bonuses are limited to two
stories above the height of the existing single-family home.
The draft ordinance does not place any restrictions on the increase in density transferred. Any
projects that receive either a height bonus or a density bonus must still comply with the other
requirements in the zoning code, such as setbacks, parking, landscaping, etc.
The draft ordinance outlines the following transfer formulas:
1. Height Bonus Option:
• The difference between the maximum allowable height of the sending site based on
the underlying zoning designation at the time of Iowa City historic landmark or district
designation and the existing height of the historic structure.
• In cases where the height difference is more than zero, but less than 10 feet, the
allowable height transfer shall be 10 feet.
' Permitted uses are allowed by -right. Provisional uses are permitted if they meet certain use specific criteria
and standards.
November 15, 2018
Page 3
2. Density Bonus Option:
• The difference between the maximum number of dwelling units allowed on the
sending site based on the underlying zoning designation at the time of Iowa City
historic landmark or district designation and the existing number of dwelling units on
the sending site.
Transfer Review Process
During the Council work session, the Council expressed an interest in having all transfer requests
be reviewed and approved by the City Council. The draft ordinance creates a process where the
staff design review committee reviews transfer requests and provides a recommendation to the
City Council for review and approval.
Additional Research & Analysis
Proposed Sending Sites
Using the eligibility criteria outlined in the draft ordinance, staff conducted an analysis to estimate
the transfer potential of future sending sites. Table 1 outlines the estimated transfer potential of
sites that may be eligible as sending sites in the future .2 The analysis includes the following
potential sending sites:
• The five properties locally landmarked in Summer 2018,
The contributing properties in the proposed downtown historic district outlined in the
recently completed downtown survey, and
• Sites eligible as local historic landmarks identified by the Historic Preservation
Commission.
Other local historic landmarks and districts may be contemplated in the future, but are not included
in this estimate.
Table 1. Estimated Transfer Potential of Eligible Sending Sites
Potential Sending Sites
Dwelling Units
Height (Feet)
Locally Landmarked in 2018
13
95
Potential Downtown District
n/a
5,995
Potential Local Landmarks
138
370
Total
151
6,460
Proposed Eligible Receiving Sites
Staff also put together several maps of the proposed eligible receiving sites to help the City
Council visualize the heights and densities allowed by the current zone districts.
• Attachment 2 outlines the maximum heights already allowed per the base zone district. A
majority of the proposed eligible receiving sites have a maximum height of 35 feet. The
downtown core, outlined in red, has no maximum height.
• Attachment 3 outlines the maximum density (dwelling units / acre) already allowed per the
base zone district. Sites zoned Riverfront Crossings and sites within the downtown core
have no maximum density requirement. The other multi -family sites range between 16
and 100 dwelling units per acre.
2 Staff utilized Assessor and rental permit data to determine the number of existing dwelling units and the
maximum allowable density per the existing zone district to determine the number of dwelling units that
could be transferred. Staff estimated the height of buildings using Assessor photos and Google street views
to determine the number of stories. Staff converted stories to feet by assuming 1 story = 10 feet.
November 15, 2018
Page 4
• Staff took the maximum density and converted that to dwelling units. Attachment 4 outlines
the maximum number of dwelling units already allowed on eligible receiving sites.
Attachment 5 outlines the proposed eligible receiving sites that are either vacant or
underutilized. In conducting this analysis, staff utilized assessor data to identify the vacant
sites. Underutilized sites include any site with an improvement -to -land value ratio of less
than 1.0, which indicates that the buildings on the sites are less valuable than the land,
and therefore, more likely to be redeveloped. The map shows there are several sites,
identified in red, that have redevelopment potential. Based on the current zoning,
approximately 2,369 dwelling units could theoretically be accommodated by the vacant
and underutilized sites. This estimate does not include any potential density bonuses. In
addition, it also does not include the dwelling unit capacity of sites that have no maximum
density (i.e. Riverfront Crossings & Downtown).
Issues and Constraints
In a staff memo to the City Manager dated August 19, staff outlined several issues and constraints
related to a potential city-wide TDR ordinance. Since that time staff has listened to concerns and
input and developed a draft ordinance that may help to preserve some of the city's historic
resources. However, these issues remain and are worth re -iterating.
• Market Potential: There was no market study completed for this project, so it is unknown
whether a demand for a TDR program exists. Furthermore, staff is concerned that the
complicated nature of TDR may make it infeasible, and at the very least daunting, for an
owner of a single local historic landmark.
Lack of Certainty in the Process: The process outlined in the draft ordinance requires
review and approval by the City Council. Although this provides oversight and may help
to address some concerns regarding potential negative impacts to existing
neighborhoods, the proposed process lacks certainty. It lacks certainty not only for the
developer looking to utilize credits, but also for the property owner of the proposed local
historic landmark.
• Other Bonus Mechanisms: Some of the more effective TDR programs throughout the
country provide few or no other alternatives to achieving additional development potential.
The City's zoning code outlines several bonus provisions for public benefits. With other
bonus provisions to choose from, the effectiveness of the proposed TDR ordinance may
be reduced.
Historic Preservation Commission Review
Lastly, staff presented the draft TDR ordinance to the Historic Preservation Commission on
October 11. Based on some concerns raised, staff also provided an update to the HPC on
November 8. Below is a list of comments received from the Commission on November 8:
• Concern regarding the effectiveness of the ordinance due to the number of other bonuses
allowed by the City's zoning code.
• Concern that the height and density bonuses could negatively impact existing
neighborhoods. One Commissioner suggested reducing the height bonus allowed next to
existing single-family from two stories, as is suggested in the draft ordinance, to one story.
• Concern that limited stakeholder outreach was conducted as part of this proposed
amendment, particularly to properties adjacent to potential receiving sites.
November 15, 2018
Page 5
Timeline
On May 29, the City Council deferred the local landmark designation of the property at 410-412
North Clinton Street for eight months to give staff time to explore the creation of a city-wide TDR
ordinance. The 8 -month deferral expires at the end of January 2019.
The table below outlines the project schedule.
Date
Task
June — August 2018
Research and analysis
September 4, 2018
Presentation to Council on research;
recommendation from Council to proceed or
not proceed on ordinance drafting
September— October 2018
Ordinance drafting, if determined by Council
October 11, 2018
Historic Preservation Commission Review &
Discussion
October 18, 2018
Planning & Zoning Commission Review &
Discussion
November 20, 2018
City Council (Public Hearing & 1St reading of
ordinance
December 4, 2018
City Council (2nd & possible 3rd reading of
ordinance
December 18, 2018
City Council meeting if needed
January 29, 2019
Expiration of 8 -month deferral of the local
landmark designation of 410-412 North
Clinton Street
Attachments:
1. Proposed Eligible Receiving Sites Map
2. Proposed Eligible Receiving Sites — Maximum Height
3. Proposed Eligible Receiving Sites — Maximum Density
4. Proposed Eligible Receiving Sites — Maximum Allowable Dwelling Units
5. Proposed Eligible Receiving Sites — Vacant & Underutilized Sites
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CITY OF IOWA CITY
MEMORANDUM
Date: October 18, 2018
To: Planning & Zoning Commission
From: Anne Russett, AICP, Senior Planner, Neighborhood & Development Services
Re: Amendment to Title 14, Zoning Code of the Iowa City Code related to Transfer of
Development Rights for Historic Properties (ZCA18-0003)
Introduction
At the City Council's May 29, 2018 meeting the Council considered the local landmark designation
of the property at 410-412 North Clinton Street. At this meeting the property owner's attorney
requested that the Council defer action on the local landmark designation until the City reviews
and analyzes the establishment of a city-wide transfer of development rights (TDR) program for
historic properties. The Council voted to defer action on the local landmark designation for eight
months and directed staff to explore the creation of a city-wide TDR ordinance.
Since that meeting, staff prepared two memos to the City Manager regarding a potential ordinance
[Attachments 1 and 2] and the City Council discussed the establishment of a city-wide TDR
ordinance for historic preservation at two work sessions and directed staff to move forward with
its development for Council's consideration. [Attachment 3]
At the Planning and Zoning Commission's meeting on October 18, staff will present a draft TDR
ordinance [Attachment 4] for the Commission's review and recommendation. This memo provides
a background on TDR programs, summarizes the existing TDR provisions in Riverfront Crossings,
and outlines the draft ordinance. The draft is based on a September 4 work session discussion
with the City Council.
Background & Overview of TDR Programs
Created to protect natural resources, farmland, and open spaces, as well as preserve historic
resources TDR programs create an incentive for property owners to preserve these resources
by allowing them to sell or transfer development rights from the property being protected to
another site where development can occur at a higher density or intensity than allowed in the
underlying zoning designation.
Generally, TDR programs have the following components:
• Sending Areas: Areas identified for protection. These areas are typically required to be
preserved and all or a portion of the development potential of the property could be
transferred to another site.
• Receiving Areas: Areas where the development rights from the sending sites could be
transferred. These are areas where the City wants to encourage growth and
development at a higher density or intensity than currently allowed. These areas should
have adequate public services and utilities to accommodate additional growth, as well as
a healthy market demand for growth.
• Transfer Calculations: TDR programs can allow the transfer of all or a portion of the
development potential of a sending site. Ordinances must outline how the transfers are
calculated.
October 12, 2018
Page 2
• Process & Administration: TDR programs need to establish a process for how transfers
are reviewed and approved. Additionally, transfers must be tracked over time (i.e. how
many transfers do property owners in the sending area have; how many have been
transferred and how many remain; where have they been transferred).
Summary of Riverfront Crossings Form -Based Code TDR Ordinance
The City currently has a TDR ordinance in the Riverfront Crossings District for the dedication of
open space, preservation of historic properties, and the dedication of public right-of-way. Below
is a summary of the existing provisions for historic structures:
• Eligible sending sites include properties designated as an Iowa City Landmark, eligible for
landmark designation, registered on the National Register of Historic Places, or listed as
a historically significant building per a survey
• Prior to requesting a transfer of development rights, the property must be designated as
an Iowa City Landmark to ensure its protection long-term
• Receiving sites include properties within the Riverfront Crossings District
• The formula for calculating the transfer is Lot Area of the Sending Site X Maximum Number
of Stories Allowed on the Sending Site = Square Footage Eligible for Transfer
• City Council must review and approve all projects receiving transfer of development rights
• No transfer can exceed the maximum height allowed through the building height bonus
provisions, which varies depending on the subdistrict
In 2015, the City Council approved a transfer of development rights from the Tate Arms building
at 914 S. Dubuque (sending site) to a new building at the corner of S. Dubuque and Benton
Streets (201 E. Benton & 912 S. Dubuque (receiving site)). Out of the 34,800 square feet of
development rights available for transfer, the Council approved a transfer of 7,400 square feet
to add a 51" story to the building. The property owner has 27,400 square feet of development
rights remaining to transfer. This is the only transfer applied for and approved since the adoption
of the Riverfront Crossings Form -Based Code in 2014.
Proposed City-wide TDR Ordinance for Historic Preservation
Based on the direction provided by the City Council, staff has developed a draft ordinance to apply
city-wide. A summary of the key components of the draft ordinance is outlined below.
Eligible Sending Sites
Staff proposes that eligible sending sites include properties eligible for Iowa City historic landmark
designation. More specifically, a sending site must be designated as an Iowa City historic
landmark after the adoption of the proposed city-wide ordinance in order to be eligible for the
transfer incentive. Furthermore, properties already within existing Iowa City historic districts and
conservation districts are not eligible to obtain Iowa City landmark status and benefit from the
TDR incentive.
Eligible Receiving Sites
The eligible receiving sites proposed include the properties zoned Riverfront Crossings and zone
districts that allow multi -family dwellings either as a permitted or provisional use'. This includes
all multi -family residential zone districts and several commercial zone districts. Properties
designated as Iowa City historic landmarks, Iowa City historic districts, and designated in the
National Register of Historic Places are not eligible as receiving sites. [Attachment 5]
' Permitted uses are allowed by -right. Provisional uses are permitted if they meet certain use specific criteria
and standards.
October 12, 2018
Page 3
Transfer of Development Rights
Staff proposes to consider transfer requests for either a height bonus or a density bonus, but not
both a height and density bonus. Additionally, staff proposes to allow transfer requests to exceed
either the height or density permitted on the receiving site, but restrict any height bonus to no
more than 40 feet above the maximum height allowed. Staff does not recommend any restrictions
on the increase in density transferred.
Staff proposes to calculate these transfers as follows:
(1) Height Bonus Option:
• Difference between the maximum allowable height of the sending site and the
existing height of the historic structure.
In cases where the transfer is less than 12 feet, staff suggests including a
provision that 12 feet may be transferred even if the difference is less than 12
feet. In many instances historic properties are residentially zoned, which
typically have a maximum of 35 feet. Since historic buildings typically have
higher ceilings a two-story historic building may not result in much of a height
transfer. Therefore, staff suggests allowing a transfer of 12 feet, which will allow
a minimum of at least one story to be transferred.
(1) Density Bonus Option:
• Difference between the maximum number of dwelling units allowed on the
sending site based on the underlying zoning designation at the time of Iowa City
historic landmark designation and the existing number of dwelling units on the
sending site.
Transfer Review Process
Staff proposes that any request for a transfer be reviewed by the staff design review committee,
which will then submit a recommendation to the City Council for their review and approval.
Historic Preservation Commission Review
On October 11, staff presented the proposed ordinance to the Historic Preservation Commission.
The Commission voted to move the proposed ordinance forward in the process; however, they
did outline some concerns and suggestions. Below is a list of their comments and staff's feedback.
1. The Commission expressed concern that the proposed ordinance only applies to future
Iowa City landmarks.
In 2018, the City Council approved Iowa City landmark designation status for the following
properties:
• David Boarts (Sylvanus Johnson) House, 412 N. Dubuque Street
• George and Hellen Hummer House, 504 E. Bloomington Street
• Parrott House, 1029 N. Dodge Street
• Albert Henry Byfield House, 715 Park Road
• Anton Geiger House, 213 E. Market Street
The Commission felt that these recent designations should receive the incentive due to
their very recent designation. The Commission also expressed concern that the proposed
ordinance could deter downtown property owners from supporting a downtown district.
October 12, 2018
Page 4
The Commission suggested considering allowing future Iowa City commercial historic
districts, and potentially, future districts, in general, to be eligible for the incentive.
Staff agrees with the suggestion to allow the incentive to apply to the properties
designated in 2018. In addition, staff agrees with the suggestion to allow the incentive to
apply to properties within future Iowa City historic districts to help incentivize the creation
of local historic districts. Based on a conversation with the Historic Preservation Planner,
at present there are a limited number of areas in the city that would be eligible for a local
historic district. Lastly, to ensure consistency between the city-wide ordinance and the
existing Riverfront Crossing's ordinance, staff also recommends amending the TDR
provisions in Riverfront Crossings to include Iowa City historic districts.
2. The Commission expressed some concern over the receiving sites and the potential
impact of additional height and density in existing residential neighborhoods. One
Commissioner expressed concern regarding the process and lack of confidence in the
design review committee.
The proposed ordinance suggests capping height bonus transfers at 40 feet beyond the
maximum height of the receiving site. In addition, any request will need to be reviewed by
the design review committee and City Council. However, to address the Commission's
concerns staff recommends incorporating the following provisions that protect existing
single-family neighborhoods: For transfers proposed next to single-family residences, limit
the height to two stories above the height of the existing single-family home.
3. Lastly, the Commission requested that staff explore other incentives, such as property tax
reductions.
Comprehensive Plan Consistency
The draft ordinance supports the following Comprehensive Plan Land Use Goal and Strategy:
Goal: Continue to protect our community's historical, environmental, and
aesthetic assets.
Strategy: Develop strategies to encourage the protection of natural areas
and historic features and support the enhancement of areas that can serve
as assets and/or amenities for adjacent development.
The City's Historic Preservation Plan is a component of the Comprehensive Plan. The draft
ordinance supports the following historic preservation goals:
Goal 2: Make protection of historic resources a municipal policy and implement
this policy through effective and efficient legislation and regulatory measures.
Goal 3: Establish economic incentives to encourage the preservation of historic
buildings and neighborhoods.
Staff Recommendation
Staff recommends that the Planning and Zoning Commission recommend adoption of the draft
ordinance by the Iowa City City Council.
October 12, 2018
Page 5
Attachments:
1. July 18, 2018 Memo to eoff Fruin, City Manager
2. August 29, 2018 Me to f Fruin, Cit Manager
3. Staff presentation to t n "Manager
4, 2018
4. Draft Ordinance
5. Proposed Eligible Receiving Sites Map
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
r
��,.,_.�, CITY OF IOWA CITY
]MEMORANDUM
ATTACHMENT 1.
Date: July 18, 2018
To: Geoff Fruin, City Manager
From: Anne Russett, Senior Planner
Danielle Sitzman, Development Services Coordinator
Tracy Hightshoe, Director, Neighborhood & Development Services
Re: Update on Possible City-wide Transfer of Development Rights Program for Historic
Preservation
Introduction
At the City Council's May 29, 2018 meeting the Council considered the local landmark designation
of the property at 410-412 North Clinton Street. At this meeting the property owner's attorney
requested that the Council defer action on the local landmark designation until the City reviews
and analyzes the establishment of a city-wide transfer of development rights (TDR) program for
historic properties. The Council voted to defer action on the local landmark designation for eight
months and directed staff to explore the creation of a city-wide TDR ordinance.
This memo provides an overview of TDR, outlines the City's existing TDR policy in the Riverfront
Crossings District, and highlights some issues that staff will need to further analyze before moving
forward with a city-wide TDR ordinance.
Background & Overview of TDR Programs
Created to protect natural resources, farmland, and open spaces, as well as preserve historic
resources TDR programs create an incentive for property owners to preserve these resources
by allowing them to sell or transfer development rights from the property being protected to
another site where development can occur at a higher density or intensity than allowed in the
underlying zoning designation.
Generally, TDR programs have the following components:
• Sending Areas: Areas identified for protection. These areas are typically required to be
preserved and all or a portion of the development potential of the property could be
transferred to another site.
• Receiving Areas: Areas where the development rights from the sending sites could be
transferred. These are areas where the City wants to encourage growth and
development at a higher density or intensity than currently allowed. These areas should
have adequate public services and utilities to accommodate additional growth, as well as
a healthy market demand for growth.
• Transfer Calculations: TDR programs can allow the transfer of all or a portion of the
development potential of a sending site. Ordinances must outline how the transfers are
calculated and consider the following: 1) is there a market for these transfers; 2) can the
infrastructure in the receiving area handle the additional development; 3) does the
comprehensive plan support the additional development in the receiving area.
• Process & Administration: TDR programs need to establish a process for how transfers
are reviewed and approved. Additionally, transfers must be tracked over time (i.e. how
many transfers do property owners in the sending area have; how many have been
transferred and how many remain; where have they been transferred).
October 12, 2018
Page 2
Summary of Riverfront Crossings Form -Based Code TDR Ordinance
The City currently has a TDR ordinance in the Riverfront Crossings District for the dedication of
open space, preservation of historic properties, and the dedication of public right-of-way. Below
is a summary of the existing provisions for historic structures:
• Eligible sending sites include properties designated as an Iowa City Landmark, eligible for
landmark designation, registered on the National Register of Historic Places, or listed as
a historically significant building per a survey
• Prior to requesting a transfer of development rights, the property must be designated as
an Iowa City Landmark to ensure its protection long-term
• Receiving sites include properties within the Riverfront Crossings District
• The formula for calculating the transfer is Lot Area of the Sending Site X Maximum Number
of Stories Allowed on the Sending Site = Square Footage Eligible for Transfer
• City Council must review and approve all projects receiving transfer of development rights
even when the resulting height bonus does not exceed two stories
• No transfer can exceed the maximum height allowed through the building height bonus
provisions, which varies depending on the subdistrict
In 2015, the City Council approved a transfer of development rights from the Tate Arms building
at 914 S. Dubuque (sending site) to a new building at the corner of S. Dubuque and Benton
Streets (201 E. Benton & 912 S. Dubuque (receiving site)). Out of the 34,800 square feet of
development rights available for transfer, the Council approved a transfer of 7,400 square feet
to add a 51" story to the building. The property owner has 27,400 square feet of development
rights remaining to transfer. This is the only transfer applied for and approved since the adoption
of the Riverfront Crossings Form -Based Code in 2014.
Potential Receiving Areas for a City-wide Historic Preservation TDR Program
At the City Council's May 29, 2018 meeting the Council seemed interested in identifying potential
receiving areas for a city-wide ordinance. The table below outlines some potential options for
receiving areas, as well as some pros and cons.
Potential Receiving Area
Pros
Cons
Riverfront Crossings
- Master Plan & form-
- Current allowable
based code
densities and
encourage higher
intensities combined
densities and
with height bonus
intensities
provisions are
- Current receiving area
generous
for the form -based
code TDR program for
historic preservation,
public right-of-way,
and open space
transfers
Downtown
- Core of the city with
- Receiving properties
access to amenities,
in the downtown may
services, and
be limited due to the
transportation options
results of the
downtown historic
building survey that is
underway
South Johnson Street and
- Area already zoned
- Smaller geographic
South Van Buren Street
for higher density
area that may not be
between Court Street &
housing
able to accommodate
Railroad
October 12, 2018
Page 3
Next Steps & Conclusion
Between now and September 2018 staff will further analyze the possibility of a city-wide
ordinance. Specifically, staff will:
- Conduct best practice research
- Review other local jurisdictions' TDR programs
- Further analyze potential receiving areas
- Identify sending areas based on Riverfront Crossings criteria and estimate the amount of
potential transfers
The proposed timeline for the project is as follows:
Date
- Transfers could
provide an incentive
for redevelopment of
this area
the demand of a city -
wide ordinance
Land designated for multi -unit
- Areas are already
- Potential concern
development
zoned for higher
from neighboring
not proceed on ordinance drafting
density housing
property owners
October 11, 2018
- More scattered
Discussion
approach that would
Planning & Zoning Commission Review &
not concentrate
November 1, 2018
Planning & Zoning Commission Review &
transfers in one area
Recommendation
Any combination of the above
City Council (1 sl reading of ordinance)
December 4, 2019
areas
ordinance)
Next Steps & Conclusion
Between now and September 2018 staff will further analyze the possibility of a city-wide
ordinance. Specifically, staff will:
- Conduct best practice research
- Review other local jurisdictions' TDR programs
- Further analyze potential receiving areas
- Identify sending areas based on Riverfront Crossings criteria and estimate the amount of
potential transfers
The proposed timeline for the project is as follows:
Date
Task
June — August 2018
Research and analysis
September 4, 2018
Presentation to Council on research;
recommendation from Council to proceed or
not proceed on ordinance drafting
September— October 2018
Ordinance drafting, if determined by Council
October 11, 2018
Historic Preservation Commission Review &
Discussion
October 18, 2018
Planning & Zoning Commission Review &
Discussion
November 1, 2018
Planning & Zoning Commission Review &
Recommendation
November 20, 2018
City Council (1 sl reading of ordinance)
December 4, 2019
City Council (2nd & possible 3rd reading of
ordinance)
January 29, 2019
Expiration of 8 -month deferral of the local
landmark designation of 410-412 North
Clinton Street
1� r
1 CITY OF IOWA CITY
MEMORANDUM
ATTACHMENT 2.
Date: August 29, 2018
To: Geoff Fruin, City Manager
From: Anne Russett, AICP, Senior Planner, Neighborhood & Development Services
Danielle Sitzman, AICP, Development Services Coordinator, Neighborhood &
Development Services
Re: Update on Research and Policy Questions regarding Possible City-wide Transfer of
Development Rights Program for Historic Preservation
Introduction
At the City Council's May 29, 2018 meeting the Council considered the local landmark designation
of the property at 410-412 North Clinton Street. At this meeting the property owner's attorney
requested that the Council defer action on the local landmark designation until the City reviews
and analyzes the establishment of a city-wide transfer of development rights (TDR) program for
historic properties. The Council voted to defer action on the local landmark designation until the
end of January 2019 and directed staff to explore the creation of a city-wide TDR ordinance.
At the August 7 work session, the City Council discussed the July 18 memo to the City Manager,
which provided an overview of TDR, summarized the City's existing TDR provisions in Riverfront
Crossings, and outlined potential receiving areas. At the work session, the Mayor expressed
interest in South Johnson and South Van Buren Streets from Court Street to the railroad tracks
being a receiving area if an urban design plan existed for the area.
This memo provides an update on staff's research and analysis and outlines specific policy
questions for the City Council. In order to meet the January 2019 deadline, staff needs direction
from the City Council on the following: the formula for calculating the transfer of development
rights, the priority of preserving historic resources compared to bonus provisions currently offered
for other public benefits, the process for the review and approval of development transfers, and
areas to further pursue as receiving sites. In general, staff recommends a program that is fair,
legally -sound, easy to administer, and simple to understand. Additionally, staff wants an effective
program that preserves historic resources while not compromising the ability to achieve other
important comprehensive plan goals.
Overview of Research & Analysis
Sending Areas
Staff conducted an analysis of possible sending areas in order to estimate the potential for
development transfers. Staff estimated the amount of development that could be transferred
through a city-wide TDR program by applying the existing Riverfront Crossings transfer formula'.
Furthermore, the Riverfront Crossings TDR provisions require that prior to requesting a transfer
of development rights, the property must be designated as a local landmark. Therefore, in this
analysis staff applied the transfer formula to existing landmarks (see Table 1).
'The formula for calculating the transfer in Riverfront Crossings is Lot Area of the Sending Site X Maximum
Number of Stories Allowed on the Sending Site = Square Footage Eligible for Transfer
October 5, 2018
Page 2
IdWIV 1. 0U111111dFY Ur IfdllblUt rUtUlltldl UY LUUdl d11U 1MMnr-L1b1UU Ld11U111dfK5
Sending Sites I Development Transfer Potentia12
Local Landmarks Only 4,367,0683
Local Landmarks & National Register of 5,368,9974
Historic Places -Listed Landmarks)
The analysis conducted only looks at existing local and national landmarks. There are several
other buildings that are eligible for local landmark designation and the Historic Preservation
Commission has been proactively identifying sites to locally landmark. The City is also in the midst
of a survey of downtown historic properties. Several properties in the downtown are eligible for
local landmark designation. As more properties are landmarked the transfer potential will continue
to increase.
Staff reviewed several other TDR programs. Of the programs reviewed, none applied only to
future landmark designations. In other words, existing and future landmarks qualified as sending
sites. However, some cities required rehabilitation of the historic structure prior to becoming
eligible as a sending site.
Receiving Areas
The areas identified by staff as potential receiving areas include:
• Riverfront Crossings,
• Downtown,
• South Johnson and South Van Buren Streets between Court Street and the Railroad, and
• Land Designated for Multi -Unit Development throughout the city.
Using these areas, staff conducted an analysis to determine the amount of existing development
potential (see Table 2). For the analysis, staff identified vacant and underutilized sites within the
potential receiving areas. The following areas were removed from the analysis: land within the
500 -year and 100 -year floodplains, local historic landmarks, local historic districts, conservation
districts, and publicly zoned land. In addition, several historic properties in the downtown were
removed from the analysis. For a more detailed outlined of the methodology, please refer to
Attachment 1.
Table 2. Summary of Development Potential for Receiving Areas
Potential Receiving Areas
Development Potential
Development Potential
(square feet)
(dwelling units)
Riverfront Crossings
2,522,3135
-
Downtown
242,4716
-
South Johnson Street & South
-
-
Van Buren Street between
Court Street and the Railroad?
Citywide Land Designated for
5,389,5258
845
Multi -unit Development
Total
8,154,3099
84510
2 Staff used the square footage of the RISE, which is 363,268 sq ft (excluding the lower levels), as a gauge.
3 Approximately equivalent to 12 RISE buildings.
4 Approximately equivalent to 15 RISE buildings.
5 Approximately equivalent to 7 RISE buildings.
6 Approximately equivalent to 0.67 RISE buildings.
None of the properties met staff's criteria for underutilized.
8 Approximately equivalent to 15 RISE buildings.
9 Approximately equivalent to 22 RISE buildings.
10 The residential portion of the RISE includes 332 dwelling units.
October 5, 2018
Page 3
Accommodating the potential development transfers depends on a number of factors, including
the eligible sending and eligible receiving sites. Another option to consider that could also help
preserve historic structures is a parking reduction. Instead of transferring development rights, the
receiving site could purchase the right to receive a parking reduction. Staff has not explored this
thoroughly. More research is required to better understand the viability of this option.
Other Local Jurisdictions' TDR Programs
Staff also reviewed other local jurisdictions' TDR programs across the country that focus on
preserving historic resources. For a more detailed overview of other programs, please refer to
Attachment 2.
Transfer Formulas
There are different ways to approach calculating the transfer rights from a sending site to a
receiving site. Several cities consider the existing development on the sending site. More
specifically, these cities calculate the transfer by taking the maximum development potential of
the sending site less the existing development on the sending site. To provide an incentive, many
cities also allow development to exceed the maximum allowable density/intensity on the receiving
site. Table 3 outlines some examples.
Table 3. Example Transfer Formulas
Local Jurisdiction
Transfer Formula
Chico, CA
(Max density of the sending zone X Acreage
of sending site) Less (Existing and proposed
Number of dwelling units on the sending site)
*Receiving site bonus above that allowed by
comprehensive plan
Minneapolis, MN
(Max allowable floor area of the sending site)
Less (Floor area of existing development on
sending site)
*Receiving site bonus of 30% above max
allowable floor area
Pittsburgh, PA
(Max allowable development) Less (Existing
amount of development)
*Receiving site density bonus of between 20%
and 200%
Providence, RI
(Max allowable height) Less (Height of historic
landmark)
*Receiving site bonus height of 1.6 times the
max height or 300 ft, whichever is less.
Vancouver, WA
(Max allowable floor area of the sending site)
Less (Existing floor area of the sending site)
*Receiving site development must not pose
hazard to low-flying aircraft.
West Hollywood, CA
Residential: (Max allowable dwelling units)
Less (Existing number of dwelling units)
Commercial: (Max allowable floor area) Less
(Existing floor area)
*Receiving site FAR bonus allowed through
Planning Commission review and approval.
West Palm Beach, FL
(Lot area X Max allowable floors) Less (Floor
area of existing structure)
*Receiving site height bonus.
Compared with these other local jurisdictions, the City's current transfer formula in Riverfront
Crossings is very generous. Unlike the examples above, the formula in Riverfront Crossings does
not take into consideration the existing development on the sending site. In establishing the
October 5, 2018
Page 4
transfer formula for Riverfront Crossings, staff anticipated a significant amount of redevelopment
pressure, and therefore, intentionally recommended a generous transfer formula in order to
incentivize the preservation of historic resources.
Approval Process for Transfers
TDR programs also vary in how the sending and receiving of transfers are reviewed and
approved. Many jurisdictions have a process that requires review by either the City Council or a
board or commission. Table 4 provides some examples of how other local jurisdictions review
and approve transfers.
Table 4. Examples of TDR Processes
Local Jurisdiction
TDR Approval Process
Chico, CA
Non -administrative: City Council approval
required
Minneapolis, MN
Administrative: Review and approval by
Minneapolis, MN
Planning Director
Pittsburgh, PA
Non -administrative: Historic Preservation
Pittsburgh, PA
Commission approval required
Providence, RI
Non -administrative: Downtown Design
Review Committee approval required
Vancouver, WA
Non -administrative: City Council approval
required
West Hollywood, CA
Non -administrative: Cultural Heritage
Advisory Board reviews and approves
rehabilitation plan
West Palm Beach, FL
Non -administrative: Downtown Advisory
Committee review and approval required
The City's existing TDR provisions require that the City Council review and approve any transfer
of development rights request. Although several of the example jurisdictions above include the
equivalent of the Historic Preservation Commission in the review, some also require review and
approval by the City Council. Only one jurisdiction, Minneapolis, MN, reviews and approves
transfers administratively.
Administration & Tracking
Staff also looked at how other local jurisdictions administer and track TDR programs. Table 5
outlines some examples from other jurisdictions.
Table 5. Examples of TDR Administration &Trackin
Local Jurisdiction
Tracking Mechanism
Chico, CA
Documented in adoption of Specific Plan or
Planned Unit Development or executed
through a Development Agreement.
Minneapolis, MN
Recorded with the County as a conservation
easement or similar restriction.
Pittsburgh, PA
Legal document signed by sending and
receiving site property owners and approved
by the City Attorney. Document outlines
reduction in development rights on sending
site and increase on the receiving site.
Providence, RI
Owners of sending and receiving sites
execute a deed or other agreement to be
recorded with the title to both sites.
West Hollywood, CA
City staff maintains a list of eligible sending
sites to assist potential receiving site
developers.
October 5, 2018
Page 5
West Palm Beach, FL City staff maintains a registry of development
rights available and transfers. Execution of
City -approved restrictive covenant that
outlines transfer. Covenant recorded against
the sending and receiving sites and added to
City registry.
There are a variety of methods that other jurisdictions employ to administer and track TDR
programs, some are more complex than others. The Riverfront Crossings TDR provisions do not
outline a method for tracking transfers. Currently, planning staff maintains a spreadsheet of
approved transfers and the applicable sending and receiving sites. More formal tracking
mechanisms should be contemplated in a city-wide TDR program and developed in coordination
with the City Attorney's Office.
Receiving Areas
Table 6 outlines other jurisdictions' receiving areas.
Table 6. Receiving Areas
Local Jurisdiction
Receiving Areas
Chico, CA
Applicant must demonstrate that the proposed
receiving site can accommodate the additional
development.
Minneapolis, MN
Sites within the downtown that are not a
designated historic structure or eligible for
designation.
Pittsburgh, PA
Focused in the downtown.
Providence, RI
None specified, but program is focused in the
downtown.
Vancouver, WA
Sites with the same zoning district as sending
site.
West Hollywood, CA
Medium and high-density commercial zones.
Do not allow transfers into residential zones.
West Palm Beach, FL
Specific sites identified in the downtown.
Issues / Constraints
Several cities across the country have adopted TDR programs to preserve historic resources and
some are more effective than others. There are variety of factors that could impact the success
of program, which are outlined below.
Market Potential
At this time staff does not have a market study that examines the market potential for a city-wide
TDR program and completing a market analysis within the timeframe required is not feasible.
Therefore, it is unclear whether a demand for such a program exists.
Lack of Certainty in the Process
Another factor that could impact the effectiveness of a TDR program is how transfers are reviewed
and approved. Programs that allow by -right transfers that are reviewed and approved
administratively provide more certainty for developers. Programs that require a discretionary,
public process provide less certainty and more risk to developers.
Other Bonus Mechanisms
Some of the more effective TDR programs provide few or no other alternatives to achieving
additional development potential. If other mechanisms exist to developers to achieve more
development potential it could impact the effectiveness of a TDR program. Some examples that
the City currently offers in Riverfront Crossings include bonuses for public art, Class A office
space, affordable housing, and energy and environmental stewardship.
October 5, 2018
Page 6
Policy Questions for Council
The most fundamental question for City Council is whether they wish to continue to pursue a city-
wide TDR program to preserve historic resources. If the City Council would like staff to continue
to pursue a city-wide program, staff needs direction on the following policy questions:
1. Should eligible sending sites include existing local historic landmarks or only
future local historic landmarks?
The City has 52 local historic landmarks and the Historic Preservation Commission is
working to identify and designate more local landmarks. In addition, the downtown
includes a number of properties that are eligible for local landmark designation.
Some options include:
a) Eligible sending sites include existing and future local historic landmarks
• Pros:
Fair
Consistent with the Riverfront Crossings TDR provisions
• Cons:
i. Depending on the transfer formula and the identified receiving sites
the city may not have enough capacity to receive all of the potential
transfers.
b) Eligible sending sites only include future local historic landmarks
• Pros:
i. May be easier to accommodate the transfer potential
Cons:
i. Inconsistent with the Riverfront Crossings TDR provisions
2. Should a city-wide TDR ordinance apply the existing transfer calculation formula
that is outlined in the Riverfront Crossings form based code or a new formula?
The transfer formula adopted in Riverfront Crossings was intentionally generous to
incentivize preservation in an area anticipated to be redeveloped. The formula does not
take into consideration existing development on the sending site; and therefore, results in
higher transfer potential. Using the same formula for a city-wide program provides
consistency and clarity between the two programs. It would also make administration and
tracking of the program easier. However, depending on the receiving sites identified there
may be an issue with the capacity available for development on the receiving sites.
Some options include:
a) Keep the existing Riverfront Crossings transfer formula.
• Pros:
i. More generous, could provide more of an incentive to developers
ii. Consistency in administration, application, and simpler to
understand
• Cons:
i. More generous, may not be able to accommodate the amount of
potential transfers
b) Establish a new transfer formula that considers the existing development on the
sending site.
• Pros:
i. May be able to accommodate the potential transfers with a less
generous formula
• Cons:
i. More complex and more difficult to administer
October 5, 2018
Page 7
ii. May want to revisit the Riverfront Crossings transfer formula to
ensure consistency, which would require more time
3. The City already gives bonuses for certain public benefits provided with
development projects. Should preservation of historic resources be treated in a
similar manner or given a higher priority?
Several other programs across the country provide an incentive to transfer development
rights by allowing a density or intensity bonus on the receiving site. This comes in many
forms: height increases, additional floor area, and additional dwelling units. The City's
zoning ordinance currently includes several bonus provisions.
In the central business district zones (i.e. CB -2, CB -5, and CB -10) bonuses are reviewed
and approved administratively when development projects provide the following types of
public benefits:
• Masonry finish;
• Provision of a theater;
• Funds for street furniture, lighting, and landscaping within the public right-of-way;
• Open space;
• Adaptive reuse of certain historic properties;
• Provision of off-street loading areas that meet specific requirements; and
• Provision of class A office space."
In the planned high density multi -family residential zone (PRM) bonuses are reviewed and
approved administratively when development projects provide the following types of public
benefits:
• Materials, specifically masonry finish;
• Open Space;
• Rehabilitation of a historically significant building;
• Assisted housing;
• Streetscape amenities;
• Landscaping; and
• Installation of window units that have a height that is at least 1.5 times greater
than the width. 12
In addition to the bonuses offered for transferring development rights, height bonuses may
be requested in Riverfront Crossings for several public benefits. Requests to exceed the
base height by two stories are reviewed and approved administratively. Requests to
exceed the base height by more than two stories are reviewed and approved by the City
Council. Bonuses are reviewed for the following public benefits:
• Class A office space;
• Public art;
• Energy efficiency and environmental steward through Leadership in Energy and
Environmental Design (LEED) or a similar program;
• Student housing;
• Hotel space;
• Workforce or affordable housing; and
• Elder housing. 13
Some options include:
a) Model a city-wide TDR program on the current bonus provisions offered in the
central business district zones, planned high density multi -family residential zones,
and Riverfront Crossings.
11 For more detail on these bonus provisions please see 14-2C-8.
12 For more detail on these bonus provisions please see 14-213-7.
13 For more detail on these bonus provisions please see 14-2G-7.
October 5, 2018
Page 8
Pros:
i. Simpler and easier to administer
Cons:
i. Bonuses for multiple public benefits may dilute the effectiveness of
preserving historic structures
b) Allow transfers for historic properties to exceed the City's current bonus provisions
(e.g. offer more height, more density/intensity).
• Pros:
i. Offering more of a bonus may be more of an incentive to preserve
historic resources over bonuses offered for other public benefits
• Cons:
Community concerns with additional density/intensity and height
An analysis of the potential impact of an additional bonus would
take time to evaluate
4. What type of process should be established for the review and approval of sending
and receiving transfer of development rights?
The City's existing TDR provisions require review and approval by the City Council when
a transfer of development rights is proposed. In staff's review of other TDR programs
several require a non -administrative review and approval; however, some jurisdictions
review and approve development transfers administratively in order to streamline the
process and provide some certainty.
Some options include:
a) Keep the existing Riverfront Crossings review and approval procedure by City
Council.
• Pros:
i. Simpler and consistent with current process
Cons:
i. Lack of certainty in the approval process
b) Establish a new procedure that allows transfers up to a certain height or
density/intensity to be reviewed and approved administratively. This could be
similar the City's existing central business district bonus provisions or certain
Riverfront Crossings' bonus provisions, which are reviewed and approved
administratively. Any transfers beyond an identified threshold would be reviewed
and approved by the City Council.
• Pros:
i. Streamlines the review and approval of transfers
ii. Allows the City Council to review and approve larger transfers that
would potentially have more of an impact
• Cons:
i. Not consistent with current process
5. What areas should a city-wide TDR ordinance identify as receiving areas?
Staff has proposed a few options for potential receiving sites:
• Riverfront Crossings,
• Downtown,
• South Johnson and South Van Buren Streets between Court Street and the
railroad tracks, and
• Sites throughout the city that allow multi -unit development.
Based on the analysis staff conducted there is limited development potential in the
downtown due to the number of historic structures. There is also limited potential for
October 5, 2018
Page 9
redevelopment along South Johnson and South Van Buren Streets since none of the sites
in this area met the threshold needed to be identified as vacant or underutilized.
Furthermore, the Mayor expressed interest in this area as a receiving site only if
accompanied by an urban design plan. Staff could explore the development of an urban
design plan for this area, but completing a plan by the January 2019 is not feasible. The
most capacity exists on multi -unit zoned parcels city-wide. Riverfront Crossings also has
capacity, if the area is rezoned to the Riverfront Crossings zoning designation.
Some options include:
a) Riverfront Crossings, and/or
• Pros:
i. Current receiving area
ii. Master Plan and form -based code encourage higher
densities/intensities
• Cons:
i. May not be able to accommodate the amount of transfer potential
for a city-wide program
b) Downtown, and/or
• Pros:
i. Core of the community with existing infrastructure
ii. Commercial zoning allows for higher densities/intensities
• Cons:
i. Significant amount of historic buildings; and therefore, not able to
accommodate much transfer potential
c) South Johnson and South Van Buren Streets between Court Street and the
railroad tracks, and/or
• Pros:
i. Transfers could provide an incentive for redevelopment
ii. Zoned for higher density housing
• Cons:
i. May require the development of an urban design plan, which would
take time
ii. May not be able to accommodate much transfer potential
d) Sites throughout the city that allow multi -unit development, and/or
• Pros:
i. Provides the most capacity for transfers
• Cons:
i. Could potentially be more impactful and cause concern from
neighbors
ii. Areas with sensitive features (e.g. wetlands, slopes, woodlands)
require a sensitive areas development plan which often leads to
clustering. Transfers to these areas could result in even higher
densities.
e) Other sites or areas
Next Steps & Conclusion
In terms of next steps, staff will prepare a presentation for the September 4, 2018 City Council
work session. In addition to the tasks outlined in the timeline below, staff will need to conduct
some public outreach with property owners and other stakeholders.
Date
Task
June —August 2018
1 Research and analysis
October 5, 2018
Page 10
September 4, 2018
Presentation to Council on research;
recommendation from Council to proceed or
not proceed on ordinance drafting
September— October 2018
Ordinance drafting, if determined by Council
October 11, 2018
Historic Preservation Commission Review &
Discussion
October 18, 2018
Planning & Zoning Commission Review &
Discussion
November 1, 2018
Planning & Zoning Commission Review &
Recommendation
November 20, 2018
City Council (1St reading of ordinance)
December 4, 2019
City Council (2nd & possible 3rd reading of
ordinance
January 29, 2019
Expiration of 8 -month deferral of the local
landmark designation of 410-412 North
Clinton Street
Attachments:
1. Methodology for vacant and underutilized sites
2. Overview of other local jurisdictions' TDR programs
ATTACHMENT 1.
Methodology for Vacant & Underutilized Sites Analysis
Potential Receiving Areas:
a. Riverfront Crossings'
b. Downtown
c. South Johnson & South Van Buren Streets between Court Street & the Railroad
d. Land zoned for multi -unit development, including commercial zones that allow
multi -family (city-wide)
2. Removed the following from the potential receiving areas:
a. Land within the 100 & 500 -year floodplain
b. Local Historic Landmarks, Local Historic Districts, and Conservation Districts
c. Historic properties within the downtown
d. Publicly zoned parcels and other parcels that do not allow multi -unit development
3. Vacant & underutilized sites analysis:
a. Used Assessor data to identify vacant sites
b. Underutilized sites include the following:
i. Improvement -to -land value ratio of less than 1.0, which indicates that the
buildings on the site are less valuable than the land, and therefore, more
likely to be redeveloped
c. Staff also referred to the Riverfront Crossings Master Plan and the areas
identified for potential redevelopment
d. Additional sites were included based on staff's knowledge of potential future
developments
4. Calculated development potential of vacant & underutilized sites:
a. Commercially -zoned properties: Floor area ratio (FAR)
i. FAR converted to square footage by multiplying the maximum height by
the lot area
b. Residentially -zoned properties: Density (dwelling units / acre)
i. Density converted to maximum allowable dwelling units
c. Applied 80% discount factor assuming that maximum allowable density/intensity
will not be achieved
1 Staff assumed rezoning of all properties to Riverfront Crossings
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hb
Floo A Ra 3.1
-
-
Co IAOyG and Mayor
nsfyes
pp pp. City Plann ng
g d gl 1e15tan3 dffloonar
Los Ange'es,
yp c Dl ,,tn the Cental
B Os[rc[Retlwe'opment
yp the Cental
Bu3ness Os[rc[Retlwe'opment
ped gars
Basetl on floor arear 31 fit
depend ng on [M1e Biba ea n wdcM1 the sR s
II d d Ily d whether an
applcatonfo TFAR (Tran3er of Floor
Fletl vnth GTy Clerk
Co IAOyGcuncl &
e gM1
c[r2flernplates$fn�efaulLM1[m$86$vi
04
ProjeciAra
Project Ara
thesu
the subarea n w1icM1
me srte is roared
locatetl
Ara Rlgddnd all sn—t,a
Commis ublL, hea,ng proves[ron3er
following public M1eadng-
m-1 repattli s process-
oireemr�ssues a reporcm amssbn
re meridingapprovall approvalw
oT
condM1ion3 disapproval of req for
Trani
tl�mlegal ser ca$anc, day A4-5
"Oevelopersa,,uiretlN payer Public
Ba'idtt Payment on V—ensin otherth
fund pubis open space, affordable
housing, cultumllpublic facLI,, hi3odc
pmsemphd=rvation and public tansporta0on
its'
"R,ceving pane's must mea all
three of Me Mlb gmt,da
1> Ded Tad nal
ed bas f ba f a ry of me
H d mu3 be
,
N gM1b°M1 dRedental or
Md ed U R, d nt aV
sedgy y gd Iing
F e I d
Plan, ng dep pp MR,f
L dRak by M1 TOR, o, prepaty
fee aryl TDR
Own fq IAygadng Stemu3
b by
t t
yl d kl etl M1
Greenpdnt and reg etl
Cn erc al on Future Land Use
Map,
a p g
d M1 b d ry M1 Il be M1
f M1 I d,,- by M1
dg sad f L d
R kR M1 Fl d g
, a
gseg corpH dap
f d
-1-a, app pant etl
ff pp oMe planst
d Re
Pp.4000 A-1,111 :
M1 p Jll b ry_ d_ omlgalmadmn
Madimn, GN
Landmark by Me M d H c
2) WIn M, "Ii gM1,r densry
OensM1y
9 h
° f M1 Ing d,.,. F .,n
d
TDR M1 b TORS I p M1 by
,
'ry
Y OMa orb Bank Bemed
eqable by Me Bank RoaN Nppt f
p _ ,ng own„ mu3
pplyd p M1etl k ppt for
/,. code of ord es2n°d,ld FTII
Presavat on Com _ (Mer
port ons of Me W WasM1 ngMn
r etl gd b d ry
g s[e er_ Mayor and c
bath recervng and senting ecoNetl
yrand counclr pbl
COOR—RD GH54PLDE_NRFIIITRDERI 5
°n R3orcal se'id g apply
M Me TDR pregam a,wel)
Gatevray, and
3)1, 2000 R of a nbgh-h-
sM1 11 be talc —'ng atf Rs pe,aca Th,
d
ran rvng sRe at pubt
m -ng
,nth Me Cou my Cour[ TORG ffi at�meetng_Up°n
apprval,plandng
54TROERIPR
r, w/in 1500R ofa
n,,h b°rh°°d park and wlin 1500
R of an arterial sta3 or state
M1i M1we '•
aof aparcel —fact°nal acre�,vnll be
oundetl downMMe 1,— ll4 acre"
R Rk
e,.,d. In Me TOR Regi3er_
dept record, Me tan,nt3er_
AdministativeJcve reviery of TDR
Po p_ 415,000_ Sl,k,i llydesg,ed M,
L M1 I allydesgnated or
Igbl R 3mctures
Do Y ally I,— an e I,,t
M1 M1 [sa
(M GFA I,—— by ,d,ng s
f
Appl cat°n f TDR b etl If abbb—
ecoNetl M1 M1 G ry M1e form of
ppl by PI n g 0 _
Oe fappeald
H R _ Can tan—t. up M four
dff g f d g
Mlnn_ddl,,
MN
vnttin
` g ff d s,a,d,t„m sed by
sR
R sp f tltl nMwne
GFA
m) (GFN gtl p
a=tl g )M1 g ppm
e3consen att la,
3o a p bl M1 ry specfyng
Dd—appear t,ea TOR bank,ntq
Th, ce11—g-d wfh Me G°unry_
M1 gM1 PBZ sM1 B Id g
pe g edf g -
L k -
M1 p IIIb ry_ cotl _
M1 G y, Ha tag,Praservaton
Commsoa
d d M1 R ,n,g
0 or approves of[M1e tansfer
M30h above lsmn m -mum allowable
GFA
tof floor ar�tansferetl and
nvolvetl pane's
untl senting stesR c3mcNre
M1as been r,hab and appreved by=MI_IIT20Z000
HPC
p°I sl descode of_ Nnances_nodetl
CH540DOD1_N
RFIIITRDERI 5492700E
P R tw d 9 etl
R gd H uric
d d T five sped
m Fl ra�allowetl by Mebaa=
a of sending s[, record, an easement
Mat perp lyp l d tld
development M1 _tl P Y
puaM1aa=or betl .d gM1 (f etl
Cn ney f d g gM1 p °
g M1 M1 getl by
Ownersof sending,be and
rving v[es mu3 apply for tan-,
fd IdgM1 M1 M1
pl gd p_R gd p_I, 1°
M1 g f pp I_TDRs
Pop 800000
NasM1ville, TN
Landrk03r3 (Ila g tetl
In 200] wRM1 Me Downtown
Cn mmunily Ban Update)
d M1dwnMwn as
ery ng v[es
FI°°rNr�
mg Mefl°°rarea of Melandmark
bu Id ng
by CNoS on paf
oras
pr, -,eros orgright, an onlybe
t °n
donateiJ Planning dept retrive, app and
appave, it
a betl pl gap M1
approval Men remrdetl n Me off ce of Me
register of deetls
Ib_ trete, ng prepaty only
ce Merig M1Lsarendt-I'wli0ng
t sgn,d by owner of
-—Ing v[b th. Is -ml ttetl to Me
DI annInd de t
M1ttpsllwm�nasM1vllegovlmclord ,antes
perm 2003 200]Ib1200] 1358 M1[m
— — —
New Qleans,
"place; buildingsor3mcNresln
( cennal eusn,s; o13de
y
(CRO)mne Mat are""
d g etl R d ks
prepeh—n GR0.1, GR02or
ceD2Rm ,,,b, preperties In
CR09mne can receive acv
gM1 3 ed from Me CROS
p je dcM1 ncorp°rate
dff be M1e maimum Floor ar
alb ed by M1 g code, v hd't baso
Nppl ns are approved ordedetl byM1
PI g G°mmssan followng pbl
f Is[ran3a appfcan[s mu3 fie vnM
M1Gyb°M an n—menti 3 d
a,ofbothm,,ndln ana
9
' g wbmtan
ppl ti p
Pp. 3910005ect°n 160 of /orme,
d g n effe3.
M1 p Jl Z g ICty
LA
g zetl ft gape
R dy M1,tcapp—al,MnvaN
TDR y eed by l0%M,
FI°°rNr�
de ry nd Meal flo°,are f
M1 g If pprevetl recommend f
MMe Qly Go I-
ce of ra3r Sons on Me d g M1
M1 deeds of bath Me senting and re, kng
gM1 M1 d g d
d ry M1 g
pl gl 1f comp,hensys
- h, n the ownetl by
by gbhn_M1 d ry dart °n to
Me ei 3ng bu king to be prea=rvetl
Cn and l may appreve, m°drfy, or deny_
s
g M1 gM1 p bl M1 g f
m g d tt,man,wo,l,an, la-
Me GTy, State, or Fedeal
Government
densry nc,�a=s all°—
nMe receiving sRe by baseline
sing
Plana ng G°mss°n and GTy G°unci
m ng hm n, 20,20141
Located Incertaindi 1, Nota
M1i3odc sRe Locatetl>=150R
f a
Application for"major NRR review of
M1 (.,Msec—
Pop_ 0],000_ Gly G°d, 3ataa'7M1, hty
TM1ey desgnate certdn bu kings
(H C eg ryl or 2). TOR
ally nedpapem
( p MU or OPO,)_
OM1 pl e9 d gs[es
F H Rehab m g _ Ib th
1° fl by 2500 `A fee
25%f lag bg
F ons under the, Fl o,NaaBdn°,
p S owns of appreved R3odc
F.A.B. 3 [ t
emrdedd sg ed by Me ttan,r„or
Van f desgnedto
p 1 p,.,-
fletl Id gli 3orc reab
pl perf nt of d,v tight,
does notgoaant-th II 1°
M f M1 wll be off Ig bile
M1TOR,.
Pal° A t., CA
g . p, apps -d e
R M1 d p k'g
FI°°, Arm
gb wflM1
vn M1 M1 g R d M1
p a en er no an
b d ated pl-d-tve covenant
and ”" mn
,nth Me I d a 3 ry M Me c ry
pl ed be sf etl d
r
CM1 p 10.10 f II g l k:
pp l M1sfd,fc
d _ L
and
dfFl
d ff f d B
b al Mdlg
M1 dl tat on Plans Mrthoa=
FAR—I alba �
- -FARI- _Nim 3pulates that,
,g h,prop1y,dIIb Nabbed
Me am° o, are�M1tan3,redre
ReM1 bPl euetl by HPC
Gplf aid I I� ap I nd, pal
td,dl ngs
ILTOMI add tion 1fl,"4,
apr H ata max of ID FAR
unless mare ra3dctive FAR ads
M, that m,;=
e<I�
7R ho ur area must be fully pa,ketl.
cord,g to appfcable 3antlartls.
Up omtplet°n, PI U, "'d
wes mi en demrmman°n of
—Ing,Re', hams„ligibil Ty.
cdde'lf3empIat,4fn default h -30W
d=am l pal°arco_ca
TM1ree sending areas (Sending
Treasure HIII, Sending OM Town,
and Senting H,..,,d 13);
Planri,g Oreeo, determines Me number of
"E., t— ed an3ared forma
Sending s[, pmpertty owners an
eq Oevelopmen[Gedt
popCM1_15224 f
Park ORy, UT
d,sgnZ,t prese pe space
res sens[ve
vrenmainarea
ands 3r sofae3M1Htl
Nllp pe R Me TOR
Re g dy neare
elgbleM receve Tansfa
OensM1y
Allocaton rat°, vary d,pendng on senting
a1TOC 1000 sa Rof bonus
mmer calfl°°rar�or2000 sq Rof bonus
development cr , allowed to a senting
ate Sale'tansfe,ofc ftd cond,dbd
b,tweenan3,re, and tansferee o, Me,
t
senting ,eaa=ment or
deed re I tled A Deveopment
QetC. I—, mus[ be recd Jbd In Me
d erfromth Park
Glyn gd 3o,_TM1°se c”"
mayonly bemldl c.nveyetll
_8300
M1 p lip kGcfty. d pakodeonl ne.com
Ib° k'2type d antes#name-1S
arch.1,aV M1istori cal
Development—It'
esde,tal floor area
legal representatives, M be recorded by
unry', pmperty record,—, credit, are
anfaretl by Me owner to th
�q Tan3er Of Ocvel°pmen[RgM1[s
(TOR)_,an—_f D
nb
sgnificance Al l vacant lots l n Me
Park GTy P3odc S— Inventory
ab—Ild,ble
Planning Di1—.,designee
ran3enetllmld_
,an3eree and Men mu3 be reiswetl
In Me tan3,ree', nam,_
Pasadena, CA
eWei
CaR,kayS—c
Gan b,anyw nM, Wei
Bell al density can be cone— to ndn-
de,alfloorareaand vicevasa
Conus,., Formula_ One dwelling unItshall
be equivalentto050 square—ofndn-
restlential development and 850a1uare fee[
of,onrasdent al d,v,l°prren[sM1all be
W M1 p pe written consent of senting and
Ownerofsendingaterecord,awritten
c v,nant documenting M,ttan3,,, approved
by GlyNttomey_O
T,an—ran be appm—by Me
Z ggd oa,l°ng as Me
Pop. "I,ta�ded to prepot, enhancement
of the_ Cty'„ymbolic—,n gat,vray
antlto facill[ate preservationofhl3 ,d
3ructures antl beovetl open bates”
1]300038_
Plan
Gatevray Specffc Plan area
cvntti
Gatevray Specffc Plan area
°sm
epu d-d.p td ght,VunR_
Nnydeveopmdh[deLs tansferretl forma
donor ate sM1all be detluctetl form Me
additional densly oMavnse all Quad o n Me
parte' by Mis SeRion_
owners
9 any preperty owner
MnMear-rreytan3er_
and thec,,,nts
record, of alltansfeany, Meche
densry allocat°ns Many of all Me
pmpeM1i Pin the -if plan area"
g p je3 meets
regulat°ns
htp
M1 .del, ry. tl _ mlalpaeden
alcodescode of ord 2nodeld Tl
T17ZONINGCODE ART3SPPLSTC
H1]3 GASPPL_l 7.38 OOO -M
EST
L g't"—gnatetl
L etl G5 & C6 d an
be sd I.
1 1 ran3er a0o_'YM1e amount of development
av 1" 3 s Med�fference between
thg fd,,d.pn, nt., Me
AI be pl dpgam for
M1 bt d nance ofMe
""
AI be pp ved by h Gry
Pop_ 30Q000. Pagam L. only been
used abou[3[mes M1 b f
great nterest M poteri I tl pe
because Me pace of
dcomme
s(wdcM1 can be
d g etl cM1,,ty Me
Co -flu gM1
f d g d
sed g d h ax amount of
Bevel p wti M1 ould be allowetlon that
The GrysH R Co
ppaves Me dd Gry sol
app
etur f 40y rs beyond Me
Ser AI be leg,document
H Rev G Ri
pp -, ,hall pl dd
d p has notg etl ugh
d j rfy Me q f
PRt3rurgM1, PN
consent of Me property owner)or
ly be 3 red to mdng
g
Floor Arm
and g d h mn ng code_Ifsend -d,
& f
approvesaleg (document sgnetl by M1e
getlby pall by
t 'fn department bu,1
p g f M1 til dfor
add Id Iopm capacry [andf
not for paf[perf
d rR
ce axa
g adj
Bevel II h be
partesconcemetl sfletl wRM1 Me
Banda ,b"e
ane ,
t h ff G
g fhe
basemdng allows Mll fsa Rof
hlI
,d,.,,
faclRes n twos ficd3rets
laba'etl GS and GB_
Red I- gM1 an be
t
3 etl from any older mdng
p g n
2rc M1 II etlby M1 g d _If not
b
bed
pa,
appfcaton for occupancy penrr[
and all
all etl ydepartments.nd,n
nolo n appbp, d Meretluet on n
develop lot
H 5[ gAl,
Faclry. for hatless Man 40 years
f d p [vi M1 M1 neetl for
d ry pp ov I _Co sequently
G5 &C6di3riets
adjacen[dev thandnc only
an
b—
by 20%more Man densry allowetl by base
ning_
gM1 ,,e,ng ng and
thencr - M1 recery ng lot
P ghd persh—Ifttle
mhe TORONinance_
(smaIM—a0on)
"Bu, d g 1 etl h N al
Oowncry Deg R Co Rtee(DRC)
Yee ow f ,ng& Beery ng 1oL5
Reg f H R I.,
St fth he DowncRy
0 be 3oretl
Off be h gM1 fl d k d
h Ib d d
a
rea ed to erg d p e
ble M1d h
execute erg be recorded wRM1
Ad be by Me
P p.100000 Ch p. 2] A 603
s G ff 11 k-
Paviden c, RI
wH M1 h ppf d
sM1 all and
etl eq retl by Me
BUlding hegM1t
m gM1 etl o g
cu ghegM1 f rvng s[e -not
ompat vn wtiM
c atnga 24M1 petlf dlyd h
re
ter
h le b h l _ f a ro that equals
appavetl
ryDeg R ew CommR[ee
gl
hplllb ry od_ I1p d
r¢t
p ""oo
purpose s Me pr n fMe
enorofMebuilding'tO
d desgn revery
mRtee
ex eetll6 h maxh gM1tor300 R,
w"cM1ever Bless
permutes andh g
rt ma nment
ev a
d-1 paposetl TmpavemenLs wRdn
thedi3r ncluding TOR
Beed ', 1n fn pt'P"n me
glt- any cM1angesM plan mu3 be
approved thb han—application
at
tapubfc near ng_
el deslcode of oN nance3lnode'd�T
--
IICOOR_GH2]ZO ART60O01_8030EIN
Gvic san OMgo TOR Rogram (a
on -fit o" awnetl by me Sty)
'Po qualify. mu3 contain
d g edh rcalremurces and
Tran3er Is appmvetl by Civic san Diego
sending site owners most en n
to t aPp.141
11 on Hasnottenused
san OMgq CA
tel.— me block as
y
bje3
Alu3 be on Me mme block as Me
FloorAr�
deterMned by amt of development allouetl by
Me sendng s[es,rex base FAR may al be
P- d C - s OMg on pbft
g tlbyM1 Cry of Dego tasketl
— hentbd by remrdbd cer[frates of
[ran3er GTy an acqure bank and hold
Preservert on. Rea ton. and,
Ma ntenance Agreement Mat
s 2014
httplldd¢ degag I
gs[e orbeM1 ofa
dy, apprevetl by M1 ng c san
—Ing
deten"netl on acam bycam bass bamtl on
o
vnM perm tng econoMctlevelopment n
ran3enetl Floorarea prorM tan3erMa
comm 1sMem to rehab Me3mclRre
codelkluni
CodeGhapterl5ICM115A O8O isan03ptl
VanlPre flo,,venryi ngMata
ran3er of Floor area is neetletl M
rehab and d—wa0on of
andmark"
neetletl reM1ab and premrvaton co3s
nelud,,gootlsMaugM1outMecry
c utling Me tlownMwn
e rvng s[e
P—l-t uctiftleLafe, Cs0
Presitlent appaves transfer
f
GO Men ILL I TOR Rogram m
be—In GO Hill Rannetlu3
G3det; Mree types of eligible
Pop_141 million TDRpavisions
remo- fam ordinance in Golden Hill
Planned Di3ri3 in 1909
I, cal properties"a property
-problems
densry all owetl by code usually wasn't
desgnatetl as a bi3 ,,,al sRe by
h H IGte Boad,a
[ran3er difference between the floor area of
Me l and mark and the floor area that would be
m M1g h nth de- ry f the
b g a ewRnnMe
H 3orc Oar q or a 3ructure
paper[eslo�tetl wRM1inS
mba—s of the Aria
FloorAr�
pennRtetl under tnedensM1ylm� of Me
and ng cod, than3erretl r g hts all owetla
ran3ers reg3eral wRn Ranting Debt
a pu,,h—of devel opme, M1Ls hadM
reg ster all tan3ers vnM Me CRy Planting
CNfPanri ng Oep[hasM approve
ran3ers
h fm wfi h gM1suere
than-'. 3 ed'=sof po e,,ng
desgnatetlniAdh_llyla"hft,
pmt M exceetl Me base densty allowetl by
Department
erten h ad IiLIeincent eM buy add Ri anal
densry-aum Mry could acM1ieve Me
ahsgnif ant inamnrey
appmvetl by Me HI3oM1e Ste
code by 25%
densry MeY wantetl ander the Ilmfts
ImIdd- by the
Board'; pm,,y owner atm must
grana a facade easement to the
G
rod, w ,hundmg
bdgth omomsvire--ntM
additional development
'.nd .,ks landmarks or
d k oMerMan
landmark building_ Me greater of Me follovnng
10x the floor area of Me landmark or Me diff
b M1 g Fl r area of Me structure
Application M e3ald- TDR—fits
approved by d POD, property mu3
be ti d hated before
N g
P 261000 16]0040.1.1] f
p
b g u3ures nati 3odc
tl M1 Fl aallowetlb mn ng
tl k 3 Floor Me
Plann Dept
greglstry fTOR ed fVan4e,..e,
ed teof TDR
f 11 gl k
s[Peter�urg
FL
d d ygovt ownetl
Meror mu
property -e 3be
p p M1e tlownd—center
tl d cal
FloorAr�
a - abM ar�sSx
la tl k fterdetlu3ng any lot
areao ccugetl by alandmark bu Mng
ng (POD)appaves
e 3abl sM1mentantl transfer of TOR ed
Gry Atto vappaves ownerstl n
h PI gDep_A ofran3er owner
he ds tl notmvenanLs and
,A uer
ed ad eretl uponapprovalhp111b
by POD owner ofcreelMw"oZ is
ry_ d_ M/ _p
burglcode—de of d, nances ddeld
premrvetl and ehadlMtetl In
ac cordance vnMMesec of the
bb d acts
"Mr mcM1 sq ft of development—It
n
of covena 6antl re3dc0ons
reaiii wfiM1 Men appavetl by Me
gr y
G Nttorne_
Muse MemMran3er
de-ty"ntens (;owner of
ry Rthan appy
PHISTPECO CHI 6tADERE S18]0A
PPR 16 ]0040PLZODE IB ]�04�1.1]
errors sMndarasfn,
Presava0on and Reh.biIita0hn
tr
ath-'p.,$50 mu3begivento Mealys
M1i3oric preserva0on gant pager,,{ mnus
any funtls went on requi re a0on or
reh,b work"
ecd nave mea 1
"ng s[emu3 ppava
of a ste plan before ":ts are
an3enetl
_
TRDHx1H1
Designated historic landmarkin
:thanA d
Own f h h p perty d
h ad p f H
Any M1 h mme mdn9
a M1 h Sty Co h M1
P p 1]5000 S 20510.050:
P Ove y 0
d g [vi 11 not
Floorarea elbwebk h nd ng sRe Mnus
Gry au 11 makes recoN of cov h
d cp perty Ilb etl
Covenantmu3 be appavetl by Gry
h p JAwrv+ ry N n tlef
Vancouver, WA
d ny3 he
Overtay O3d3 that s 13etl in Me
hamrd toMwfly ng
Floor Arm
the actual floor area of h ting ste_
her of the hstoic property/send g l _
a
h, d U rf h oven ant
Coundl
a IVf leSfl attacM1me'i sN h cM1ap
—20.510_ptlf Very IRtIe specR c
S tate or National Regi3ers of
Hi3odc Races o,desgnatetl o n a
cal regi3eris e1gible
a caR
add—the tan—orsmply Me
preservation of Me 3mctuz
inMnna0on isgiven_
Owners must pe00on M qualify
Mei, land s th,hugM1
" r0R albca0on vadesdepending on sending
fo,e.h sRe
Pop_24,000 Pmgam th
as sending
condRional use permit pacers,
unless Meste isvnmin Me
ning_ nH acre ofmndIng
land owners can receive 065 DUs in Me RA
_e'l li n Me R -1,10U in he R-1 L, 20Us
Ifnotm Me RAdi 1,Me B.aJof
supervisors he
ai—
premnre environmental ,ace and
hi3orically sgnrfican[stes
Red IAg cultural mne In
5 h pe,mf hgher
n h R2 R21 d100U heR31
PI gGom - dTownsdp Board
Alen[ on of w"ere TORS are recd Netl does
must appreve
tan3er conerder ng Me
Mtps/Aw ecoda',60com11306]0641hi
Warrington, PA
w h ould alRomatcally
Stecan be
d ry d I, office and
Land Area
add ti base II rings
bonumsof l5%in the
fsup I _ M1 pp Metran3ers
by Me TDRReviery Board_
[,noappear nMe code_
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City of Iowa City
City Council Work Session
September 4, 2018
September 4 — Council Work Session Goals
• Direction from Council on the following:
• Eligible sending sites
• Transferformula
• Priority of preserving historic resources compared to other public benefits
• Review and approval process for transfers
• Eligible receiving sites
Background
• May 29:
• Council considered local landmark designation of 410-412 N.
Clinton Street
• Deferred to January 2019 and directed staffto explore the creation
of a city-wide TDR program
• August 7:
• Council discussed initial memo on TDR at work session
• September 4:
• Direction from City Council on key policy questions
Staff Goals of a Citywide TDR Program
Fair
Legally -sound
Easy to administer
Simple for developers and members of the public to understand
• Effective program that preserves historic resources
• Consistent with comprehensive plan
Transfer of Development Rights
TDR Example —Tate Arms, 916 S. Dubuque St.
Sending Site: Tate Arms, 914 S. Dubuque St.
• Incentivize protection of historic
jY RFC Transfer Formula
resources
_p.. _.. • No. of stories allowed on sending
• Property owners can sell/
site (4)
transfer development rights
X
from historic resource (sending
I
Area of sending site (8,700 sq. ft.)
site)
._
j
• Development rights applied to
another site where development
Development Rights Available for
can occur at a higher densityI
Transfer (34,800 sq. ft.)
(receiving site)
Total Dev. Rights: 34,800 sq. ft.
TDR Example—Tate Arms, 916 S. Dubuque St.
ending Site: Tate Arms, 914 S. Dubuque St.
Receiving Site: 912 S. Dubuque St.
_
�.{
tlY y
7,400 sq. ft.
r
b�
Total De, Rights: 34,800 sq. ft.
Dev. Rights Transferred: 7,400 sq. ft.
Dev. Rights Remaining: 27,400 sq. ft.
Summary of Existing Local Historic Landmarks
Research & Analysis
Sending Sites
• Only analyzed existing local and
national landmarks
• Several other buildings eligible for
local landmark designation
• HPC proactively identifying sites to
locally landmark
• Used the RFC Transfer Formula:
No. of stories
X
Area of sending site
Development Transfer
Potential
Research & Analysis
Receiving Sites
• Identified vacant and
underutilized sites
• Removed sites within
floodplains, sites with
historic buildings, publicly
zoned land
RKeM.eSlee AYatyM
".w4IWt Geral"D
Research & Analysis
Other Local Jurisdictions' Program
• Transfer Formulas:
• Consider existing development on sending site
• Typical formula = Max allowable density/intensity on sending site Less Existing
density/intensity on sending site
• Incorporate a receiving site bonus above that allows development beyond
plan/zoning
• In comparison, the RFC transfer does not consider existing development
Research & Analysis
Summary of Sending & Receiving Sites Analysis
• Significant amount of transfer potential —will increase as more
properties are locally landmarked
• Depending on receiving sites identified it may be difficult to
accommodate transfer potential
Research & Analysis
Other Local Jurisdictions' Program
Approval Process for Transfers:
• Many cities require some type of a non -administrative review
• Some cities approve transfers administratively
Research & Analysis
Other Local Jurisdictions' Program
• Administration & Tracking:
• Variety of methods:
• Documented through a PUD or Specific/MasterPlan
• Executed through a development agreement
• Recorded with the County as a conservation easement
• Legal documents signed by property owners & City Attorney
Tracking
• City staff maintained registriesand databases of possible receiving sites, eligible sires,
capacity of these sites
Issues/Constraints
• Market Potential:
• No market study
• Lack of Certainty in the Process:
• Non -administrative review of transfer (e.g. P&Z, City Council, etc.) provides
less certainty
• Administrative review of transfer (i.e. staff -level) provides more certainty
• Other Bonus Mechanisms:
• City currently offers bonuses for other public benefits
• Uncertain how a city-wide TDR policy would compare to other bonuses
Research & Analysis
Other Local urisdictions' Program —Approval Process
• Receiving Areas:
• Several programs focus receiving sites in the core of the
community/downtown
• Explicitly state that historic resources are not eligible as receiving sites
• Place burden on the applicant to demonstrate the appropriateness of a
potential receiving site
• Commercial zones only — no transfers allows to residential zones
Policy Questions for City Council
Option a. Eligible sending sites include existing
1. Should eligible & future local historic landmarks.
sending sites include
existing local historic
landmarks or only
future local historic
TDR p—mi—
landmarks?
Option b. Eligible sending sites only include
future local historic landmarks.
Policy Questions for City Council
Option a. Keep the existing RFC transfer
formula.
2. Should a city-wide
TDR ordinance apply
the existing transfer
calculation formula
that is outlined in
RFC or a new
formula? Option b. Establish a new transfer formula that
considers existing development.
Policy Questions for City Council
Policy Questions for City Council
Option a. Keep the existing Riverfront Crossings
4. What type of
review and approval procedure bythe City Council.
process should be
established for the
review and approval
of sending and
Option b. Establish a new procedure that allows
receiving transfer of
transfer up to a certain level to be approved
rights?
administratively. Any transfers beyond an identified
historic resources be
threshold would be reviewed by city council.
Policy Questions for City Council
Policy Questions for City Council
5. What areas should a Option a. Riverfront Crossings and/or
city-wide TDR
ordinance identify
as receiving sites?
Option b. Downtown and/or
Option a. Model a city-wide TDR program on
3. The City already
the current bonus provisions.
gives bonuses for
certain public
benefits provided
with development
projects. Should
Option la. Allow transfer for historic properties
preservation of
to exceed the City's current bonus provisions
(e.g. offer more height, more density/intensity?
historic resources be
treated in a similar
manner or given
higher priority?
Policy Questions for City Council
5. What areas should a Option a. Riverfront Crossings and/or
city-wide TDR
ordinance identify
as receiving sites?
Option b. Downtown and/or
June -August 2818
Research antl a n.lys,s
September4, 2018
Presentation to Council on msearch, mcommentlation from Council to
pmreetl or not pmreetl on ooJm.nr. tlraging
September-October2818
Omm.nce tlmfling; ifd.t.-,n.d by Council
October 11, 2018
Historic Pmser bon Commission Review & Oisrussion
October 18, 2018
Planning& Zoning Commission Review&Discussion
Novemb.r20,2018
City Counril(1" modmgof.ohn.nr.)
December4, 2018 City Council(2-&possible 3- reatling of.ohn.nr.)
January 29,2019 Exp,ration of&month tleferral ofthe local la ntlmark d --nation f410 412
North Clinton Street
10/12/2018
M=. . GTliIFTifi1.'Ti
5. Eligible...long sites? c_ South Johnson /Van Bumn ame antl/or
tl_ Multi -unit sites throughout the city antl/or
e_Othersites
7
a_ Existing&futum Local Lammancs
1. Eligible sentling sites?
Fair& Consistent / May not have ad,quat, receiving site capacity
b_ Only future Local Lantlmarks
• Maybeeasiertoarrom motlate transfers/Inconsistent with current pmcess
a. RFCiransfer formula
• More generous&consistency in atlminisiration; easierto untlemtantl
2. Transferformula?
May not have atlequ.toreceiving site ca parity
b. New transfer formula
• May be easier to accomm otlate transfers / More cum plex & d,M,, It to ad ,n,,t,r
3. Bonuses& Plenty of preserving
a_ Current bonus pmvisions
historic resources compamtl to other
om
Simpler&easier/May tliluteetfedioom- of preserving historic resources
public ben
b. Exceetl current bonus provisions
More of an incentive / Com munity concems & unknown im pacts
a. Existing RFCpmress(ie. app—i by City Council)
4. Review 8 approval pmcess for
Simpler & consistent / Lack of certainty m app—, is
tomsfem?
b. New pmcess
• Streamline the review& allow Council review for larger tmnsfers
• Not consistent with current RFC pmcess
a_ RFC
M=. . GTliIFTifi1.'Ti
5. Eligible...long sites? c_ South Johnson /Van Bumn ame antl/or
tl_ Multi -unit sites throughout the city antl/or
e_Othersites
7
IB]:7_121
Planning & Zoning Commission
October 18, 2018
Citywide Transfer of Development Rights Ordinance
Amend 14-2A-7, Special Provisions, by adding the following subsection:
E. Transfer of Development Rights
1. Purpose:
The transfer of development rights and corresponding height and density bonuses provide an
incentive for the preservation and adaptive reuse of historic properties.
2. Sending Sites Requirements:
a. The sending site must have a base zoning designation of "Single -Family Residential' per
14-2A, "Multi -Family Residential' per 14-213, or "Commercial' per 14-2C, of this title.
b. Sending sites must be designated as either an Iowa City historic landmark or listed as a
contributing structure in an Iowa City historic district in accordance with 14-313-1,
"Historic District Overlay Zone", of this title, after January 1, 2018.
c. All historic buildings and structures on the sending site must be preserved against
decay, deterioration, and kept free from structural defects by the owner or such person,
persons, or entities who may have custody or control thereof, according to the provisions
of section 14-313-7, "Prevention Of Demolition By Neglect", of this title.
4. Eligible Receiving Sites:
1. A site is eligible to be a receiving site if it is:
a. Located within a Riverfront Crossing zone district and the sending site is located outside
of the Riverfront Crossings district as identified in 14-2G-2 "Regulating Plan" of this title;
or
b. Located within a zone district that allows multi -family dwellings either as a permitted or
provisional use according to Table 213-1 "Principal Uses Allowed in Multi -Family
Residential Zones" and Table 2C-1 "Principal Uses Allowed in Commercial Zones", of
this title.
2. Properties designated as Iowa City historic landmarks, located within Iowa City historic
districts, and listed in the National Register of Historic Places are not eligible as receiving
sites.
5. Transfer of Development Rights:
a. Transfer requests shall either be for a height bonus or a density bonus using the
following formulas:
(1) Difference between the maximum allowable height of the sending site and the
existing height of the historic structure. In no case shall the transfer be less than 12
IB]:7_121
Planning & Zoning Commission
October 18, 2018
feet even if the difference between the maximum allowable height and the existing
height is less than 12 feet; or
(2) Difference between the maximum number of dwelling units allowed on the sending
site based on the underlying zoning designation at the time of the Historic District
Overlay (OHD) zoning designation and the existing number of dwelling units on the
sending site.
b. Transfers requests may exceed either the height or density on the receiving site with the
following limitations:
(1) No height bonus transfer request to a receiving site located outside of the Riverfront
Crossings district shall exceed 40 feet above the maximum height allowed on the
receiving site.
(2) No height bonus transfer request to a receiving site located in the Riverfront
Crossings district shall exceed the height bonus maximums outlined in 14 -2G -7G -1d
of this title.
(3) No height bonus transfer request to a receiving site located adjacent to an existing
single-family home shall exceed two stories above the height of the existing single-
family home.
6. Transfer of Development Rights Review Process:
a. Requests for transfer of development rights shall be subject to the Level II design review
process according to 14-813-3, of this title.
b. In addition to the requirements outlined in 14-813-3 of this title, applicants requesting a
transfer of development rights must provide the following information:
a. The proposed sending site and the amount of transfer potential,
b. The proposed receiving site,
c. The amount of height bonus or density bonus requested,
d. A concept plan and elevations of the proposed project to utilize the transfer on
the receiving site, and
e. Any other information required per the application form.
7. Transfer of Development Rights Tracking:
a. The Neighborhood and Development Services Department staff shall maintain a list of
transfers requested and approved. This list shall include the transfer potential of the
sending site, the amount transferred and to which receiving site, and the transfer amount
that remains on the sending site.
b. If a private entity conveys transfer rights to another private entity, the City shall be
notified of the sale.
Amend 14-213-8, Special Provisions, by adding the following subsection:
D. Transfer of Development Rights
1. Transfer of development rights shall be subject to the provisions outlined in 14 -2A -7E.
IB]:7_121
Planning & Zoning Commission
October 18, 2018
Amend 14-2C-11, Special Provisions, by adding the following subsection:
C. Transfer of Development Rights
1. Transfer of development rights shall be subject to the provisions outlined in 14 -2A -7E.
Amend 14 -3C -2A, Applicability, adding a new paragraph 12, as follows:
12. Transfer of development rights: Transfer of development rights requested according to 14-
2G -7G "Building Height Bonus Provisions", of this title or according to 14-2A-7, 14-213-8, 14-
2C11 "Special Provisions", of this title.
Amend 14 -3C -3A, Levels of Design Review, paragraph 2, as follows:
2. Level II Review:
a. A level II review will be conducted for the following designated areas, properties, and
structures:
(1) Urban renewal project, Iowa R-14, except for minor exterior alterations, such as
signage, window placement, and color, that do not substantially change the building
concept of the council approved plan. Such minor alterations will be subject to level I
review.
(2) Certain public-private partnership agreements; level of review is pursuant to the
specific development agreement. (Ord. 05-4186, 12-15-2005)
(3) Structures designed with certain building height bonuses allowed pursuant to
subsection 14 -2G -7G of this title. (Ord. 14-4586, 6-3-2014)
(4) Transfer of development rights requested according to 14 -2G -7G "Building Height
Bonus Provisions", of this title or according to 14-2A-7, 14-213-8, 14-2C-11 "Special
Provisions", of this title.
b. Applications for level II review will be reviewed by the staff design review committee with
their recommendation forwarded to the city council for approval, modification, or
disapproval according to the procedures for design review contained in chapter 8, article
B, "Administrative Approval Procedures", of this title.
IB]:7_121
Planning & Zoning Commission
October 18, 2018
Amend 14 -3C -3B, Approval Criteria, by adding paragraph 10, as follows:
10. Transfer of development rights: Design review subject to the design guidelines listed in
subsection C of this section.
Amend 14 -2G -7G-3, Historic Preservation Height Transfers, by amending the subsection
as follows:
3. Historic Preservation Height Transfers: The following transfer of development rights and
corresponding height bonus provides an incentive for the preservation and adaptive reuse of
historic properties:
a. Eligibility. The historic preservation height transfer is an option for sites that meet the
following criterion:
(1) The site from which the height transfer is requested (sending site) is designated as
an Iowa City landmark, listed as a contributing structure in an Iowa City historic district;
eligible for landmark designation, registered on the national register of historic places, or
listed as a historically signfcant building as determined by the survey and evaluation of
the historic and architectural resources for the vicinity.
b. Requirements:
(1) If the sending site has not already been designated as an Iowa City landmark or Iowa
City historic district, the applicant must apply for and obtain approval of this designation
as a condition of the transfer of development rights, and
(2) All historic buildings and structures on the sending site must be preserved against
decay, deterioration, and kept free from structural defects by the owner or such person,
persons, or entities who may have custody or control thereof, according to the provisions
of section 14-3B-7, 'Prevention Of Demolition By Neglect" of this title.
c. Transfer Of Development Rights:
(1) The floor area that results from multiplying the number of stories allowed at the
sending site as specified in the applicable subdistrict standards by the acreage of the
sending site maybe transferred to one or more eligible site(s) within the riverfront
crossings district. For example, if the land being preserved as a historic landmark is
located in the central crossings subdistrict and is twenty thousand (20,000) square feet
in size, then eighty thousand (80,000) square feet of floor area (20,000 x 4) maybe
transferred to one or more eligible sites and the resulting building or buildings on the
4
IB]:7_121
Planning & Zoning Commission
October 18, 2018
receiving sites may exceed the height limit of the respective subdistrict, within the limits
established in this section.
(2) The resulting building or buildings on the receiving site(s) may not exceed the
maximums stated within subsection G1d of this section.
HISTORIC PRESERVATION COMMISSION
October 11, 2018
Page 5 of 16
Boyd asked about the Commission about the motion in the staff report. He said he was inclined to
support the motion as written. He felt given the constraints of the property and given there was
already a garage there a new larger garage smaller in scale than the house could be approved.
He asked if there was additional discussion.
DeGraw said she was inclined to vote yes. She thought it looked a little contemporary but, it was
within the guidelines, so she would vote yes.
Builta said he was inclined to vote yes and added that this is an exception because there are
constraints on what can be done.
Boyd noted there were property limitations. This is a corner property. The garage is going to face a
street. It does not have alley access.
Bristow noted that the guidelines do include the possibility for exceptions. There is the possibility
for an exception for unique site conditions and that is the specific exception that staff was
considering for this particular project.
Boyd asked if the Commission was ready for a vote.
MOTION: Karr moved to approve the certificate of appropriateness for the project at 802
South Summit Street as presented in the application through an exception to the guidelines
allowing an attached garage due to the unique conditions present at the site and existing
setback. DeGraw seconded the motion. The motion carried on a vote of 5-2. Nays: Kuenzli
and Pitzen. (Aaran. Burford. and Clore absent).
REVIEW OF TRANSFER OF DEVELOPMENT RIGHTS ZONING AMENDMENT
Anne Russett with Neighborhood and Development Services presented a proposed ordinance for a
city-wide Transfer of Development Rights (TDR) program. She said she would provide a
background on how we got here and explain what Transfer of Development Rights are. She said
she would explain the existing Transfer of Development Rights policy in our Riverfront Crossings
District and then go over what we are proposing in the ordinance. She said since this ordinance
was related to historic properties, they wanted to bring it to the Commission for input.
Russett said this began on May 291h when the City Council discussed considering a local landmark
designation at 410-412 North Clinton Street.That motion was deferred to January 2019 based on a
recommendation from the property owner's attorney to put the vote on hold for that local landmark
designation until the City had an opportunity to explore a city-wide Transfer of Development Rights
program. Since then, Council has discussed a city-wide transfer program. Staff presented to them
at a work session on September 41h and received some direction from the Council on how they
would like to move forward.
Russett explained Transfer of Development Rights. She said they are an incentive to protect
historic resources which allows property owners to sell or transfer development rights from historic
HISTORIC PRESERVATION COMMISSION
October 11, 2018
Page 6 of 16
resources, which are called the sending sites, to receiving sites, which are areas where the City
wants to encourage higher density development. The development rights would be applied to
another site.
Russett said there are some key components to a Transfer of Development Rights program. There
are the sending sites, which in this case would be historic resources. The receiving sites are areas
where there could be additional development or additional density. There is the transfer
calculation, that's used to figure how much density, or how much height, could be transferred from
one site to another. There is also a review process and an administration procedure.
Russett explained that the City does have an existing TDR program that applies to the Riverfront
Crossings District. In Riverfront Crossings the City requires Iowa City landmark designation prior
to requesting a Transfer of Development Rights. The receiving sites in this area are any site in
Riverfront Crossings. The formula that's used to calculate the transfer potential is the lot area of
the sending site x the maximum number of stories allowed on the sending site, the result is the
square footage that a property owner could transfer to another site.
Russett said for the Riverfront Crossings District, any request for a transfer must be reviewed and
approved by City Council. She explained that while receiving sites can go above the base height in
that zone, there is a max depending on which area of the district they are located in. Russett said
one project has used this incentive since it was adopted into the Riverfront Crossings Ordinance,
the Tate Arms Building at 914 South Dubuque. On this site the maximum number of stories is four
and the area of the site is 8700 square feet, so the total development rights available for this site
that could be transferred, were 34,800 square feet. The developer transferred at least 7400
square feet to the property to the north. The property to the north received an additional story, a
height bonus, through this transfer. Tate Arms still has 27,400 square feet of transfer potential that
could go to another site in Riverfront Crossings.
Boyd asked if the owner of the Tate Arms Building had these rights, but didn't really want to
develop something somewhere else, could sell those rights to another developer or must the
owner of the landmark property use them. Russett said they could be sold on the private market.
Shope asked if there was any restriction or requirement that those funds be used in any way to
improve the historic property.
If they transferred the development rights for money, would there be any requirement that the
money be invested in the historic property from which the rights were sold. Russett said no.
Shope asked if the Tate Arms allowance of four stories was based on current zoning for that
property. Russett said it was based on the current zoning designation. Karr asked if the zoning was
changed, would there then be additional rights that would be sold. Russett said staff is proposing
no.
Russett discussed direction received from Council regarding the proposed ordinance. She said
Council asked that sending sites only include future local historic landmarks, so existing historic
HISTORIC PRESERVATION COMMISSION
October 11, 2018
Page 7 of 16
landmarks would not be eligible for transfer rights. They requested that staff develop a new transfer
formula and not use the one that's currently used in Riverfront Crossings. City Council wants to
continue to review and approve any transfer requests. For receiving sites, they wanted it to include
areas in Riverfront Crossings and sites throughout the City that allow multiunit development.
As a summary of the proposed ordinance, Anne said staff is proposing that properties eligible for
Iowa City landmark designation would be eligible, but it only applies to future landmarks.
Properties that are already landmarked, if they are already in an historic district, or if they are
already in a conservation district, would not be eligible for a transfer. City Council felt that it was
important to only apply this to future landmarks since these other properties are already protected,
and this incentive would only apply to future designations. Russet said that receiving sites could be
areas that are zoned either Riverfront Crossings, multifamily residential, or commercial zones that
allow multifamily. She displayed a map of the eligible receiving sites.
Russett said staff is proposing that there are two options for what could be transferred. An owner
could either transfer height or transfer density, not both. The transfer could exceed the maximum
height on the receiving site, as well as the maximum density on the receiving site. For the height
bonus, it could not exceed 40 feet above the maximum height that is allowed in that zone. There
would not be restrictions on increases in density.
Boyd asked how many stories 40 feet would be. Russett said four, maybe a little less.
Russett said the calculation for the bonus potential for height would be the difference between the
maximum allowable height on the sending site and the existing height of the historic structure, so
the maximum allowable height minus the existing height would equal the amount that could
transfer. Russet said the minimum transfer would be 12 feet. She explained that a 30 -foot existing
historic structure with a maximum in the zoned district of 35 feet, would only have five feet to
transfer. She said that since that is not much to transfer, the minimum would be 12 feet, or a story,
that could transfer.
Russett presented an example of density transfer the maximum allowable dwelling units of the
sending site minus the existing number of dwelling units that are currently there provide the
number of dwelling units that could potentially be transferred. This would be determined at the time
the landmark designation occurs based on the base zone for the district at that time. Russett
provided a density example using 412 North Clinton. The maximum allowable number of dwelling
units on the site is 24. There are currently 18, so the potential transfer is six dwelling units.
Russett explained how review of transfers would work. Staff is proposing that transfers would be
reviewed by the staff design review committee based on the guidelines in the zoning code for any
design review project. The design review committee would make a recommendation to City
Council, who would be the ultimate decision maker on the transfer. A proposal that was very out of
scale or that didn't fit within the existing context of the neighborhood, might not move successfully
through the approval process.
Russett discussed how TDRs are consistent with the comprehensive plan. The comprehensive
HISTORIC PRESERVATION COMMISSION
October 11, 2018
Page 8 of 16
plan has policies that talk about protecting historical resources. With the historic preservation plan
there are goals related to providing economic incentives to property owners to encourage them to
preserve historic buildings. TDRs are a potential incentive for property owners to landmark their
buildings.
Boyd noted this is for future sites and confirmed that this is local landmarks only, not National
Register listed sites, but local landmarks.
Boyd stated that most of the properties where development rights being discussed here are either
in commercial districts or high-density residential areas. He asked if a potential local landmark is
zoned at the lowest density possible it wouldn't have much to transfer, correct?
Russett said that if it's a large site, such as a farmstead that might be historic on a large parcel but
with only one remaining building, the site could potentially be subdivided and there could be more
dwelling units built. This could result in more potential to transfer.
Kuenzli noticed among the receiving sites proposed were the South Johnson/South Van Buren
Streets between Court and the railroad tracks. She said the stated goal of this is to preserve an
historic structure somewhere, but to be able to increase either height or density within the receiving
area. Johnson and Van Buren currently are mostly two or three-story structures. Kuenzli asked if
this were to pass, could a developer could come in and build eight stories or 12 stories on those
streets.
Russett said theoretically yes, but with the process in place it would go through design review and
City Council, who would look at consistency and compatibility with the existing neighborhood.
Russett added that in the proposed ordinance there would not be limitations on density, but there
would be limitations on height, 40 feet above the maximum in the zoned district. 12 stories in that
area would not be allowed based on the proposed TDR amendment.
The maximum height in that area is 35 feet, so with TDRs a new development could still be much
larger than what's there but there would be a process in place for review and approval to make
sure the development was not out of scale for the area.
Boyd clarified the receiving sites would be Riverfront Crossings and where there are existing
multifamily units. Kuenzli said she was in favor of saving historic properties, but not if the cost is
going to be the destruction of other neighborhoods. Builta pointed out if a house is preserved and
they sell a floor or two somewhere, that's not going to destroy a neighborhood.
Kuenzli said she is concerned that it is not going to be a floor or two judging from the discussion so
far.
Shope noted there are homes in residential areas that have large lots and questioned if this was
based on lot size, not the existing structure size. Russett said the height was based on what's
allowed in the zone compared to what the existing structure is.
HISTORIC PRESERVATION COMMISSION
October 11, 2018
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Shope provided an example. A house is one story tall and it's on a lot that is a little over half an
acre. If you figured her allowance based on that half acre for four stories, the existing house hasn't
used much of that. Russett clarified that if it's in a residential district the maximum height is
probably 35 feet where the most she could transfer would probably be two stories.
Shope asked again about the half -acre lot size. Russett said the transfer would just be two stories.
For the height, it doesn't matter what the lot size is. Shope asked if it was based on the size of the
current structure. Russett said the height of the current structure
Karr said he understood it was limited and was concerned that existing homes that are already
landmarked wouldn't be eligible, especially for the six or seven that were recently landmarked.
Karr said he loved the fact that this is incentivizing preservation of individual landmarks, but he
would be upset if he was one of the recent landmarks left out of this incentive.
Karr wondered what happens when we look at the Downtown District. He said he felt this would
have ramifications there. He noted if there were some building owners downtown who probably
weren't excited about getting in the district, this would be a fantastic way to entice them.
Boyd said those may not be individual landmarks. That may be a district. Karr and Boyd asked if it
had to be individual properties. Russett said it must be local historic landmarks. Karr said he was
asking about an entire district, such as the proposed Railroad Depot District on Clinton Street.
Boyd said he thought the railroad qualified because it is currently in Riverfront Crossings.
Russett clarified it is only for individual landmarks in Riverfront Crossings, as well. They need the
landmark designation.
Boyd asked if people could be incentivized individually to be a landmark if a Downtown District
didn't happen. Karr thought that would give a landowner downtown a reason to fight the district and
go on an individual landmark basis, because it'd be worth more money to them. Russett believed
that may be true. Bristow asked if the downtown becomes a district, would it then be removed from
the receiving sites. Russett said yes, Historic districts, conservation districts, and landmarks are not
eligible as receiving sites.
Bristow followed up on Karr's comments about the recent landmarks. She said that because this
deferral and TDR development process came up when the five that achieved landmark status
happened, she wondered if there would be any condition that included just those five because they
were done at the same time when this process started. Russett said if the Commission wanted to
recommend that, if they wanted to recommend changes to the proposed receiving areas, she could
pass that along to the Council and the Planning Commission.
Boyd said he was glad they were talking about this. He said he thought it was helpful because the
Commission gets a lot of questions about the economic incentives that can be provided for
landmarks. He said TDRs are being discussed because one particular property owner asked for it.
Boyd asked if there were other incentives that could be considered. He said that there is an
example in North Carolina where new local landmarks receive automatic property tax deduction.
HISTORIC PRESERVATION COMMISSION
October 11, 2018
Page 10 of 16
Boyd said there may be other incentives that help achieve some of the goals in the comprehensive
plan. He said he felt we were doing this because one property owner asked and the focus had
been narrowed very rapidly based on a very rapid timeline and a deadline that was set by the
property owner and the City Council. Boyd said he wondered if the City could consider other
potential incentives, regardless of what happens with the TDRs. He wondered if the Commission
was supposed to bring those ideas or if Planning and Zoning Commission came with them.
Russett said if the Commission had ideas for Planning and Zoning to investigate, staff could
definitely do that. She wasn't sure if the property tax idea was something we could do here, but she
knew other communities do it, so staff could look into that.
Bristow clarified that the property owner for 410-412 didn't necessarily come up with the Transfer of
Development Rights out of the blue. The Tate Arms project had been successful and the idea of
protecting historic properties this way had been considered by the planning staff in the past. Staff
had always thought about the possibility of adopting something like this to protect historic
properties, partly because through research, we have learned that this is something that other
communities, and there are some examples in the packet, have taken on to promote the
preservation of their historic properties. The first few communities that came up with the process
found there were some lessons to be quickly learned, and they had to tweak the way the process
happened. She said there was a document put out by the National Park Service that she may have
given the Commission earlier in the year. She said it goes talks about those lessons learned and
how a community can make sure TDRs work as they are supposed to.
Russett asked if they could have wording for the downtown stating that if there is a proposed
district, those properties cannot individually landmark for the TDR bonus instead, to avoid a non -
incentive for a potential historic district. Bristow wanted clarification on whether this incentive could
be possible for a future Downtown District. Russett said that once an area has been selected for a
district, if the group of property owners say no to the district, then they cannot individually landmark
to get the TDR. An owner can agree to the district, but you cannot strategize to reject the district in
order to go for the individual landmark and the incentive of the TDR.
Russett said the reason they were not allowing future districts to be eligible is that there are certain
properties in an historic district that might not be contributing or might not be as historically
significant and wouldn't meet local landmark requirements, so it isn't fair to provide the incentive for
the entire district. She said another option is that future districts could potentially be eligible to
utilize the incentive.
Boyd noted that all our current historic districts are largely non-commercial districts. He said he
wondered if there could be a consideration about how we think about commercial districts, which
was something that needed to be considered anyway. Expectations for a residential district are
different than expectations for a commercial district. The buildings are used differently now than
they were historically. In the residential districts those structures are largely being used as they
were when they were built, for the most part.
HISTORIC PRESERVATION COMMISSION
October 11, 2018
Page 11 of 16
Boyd said if there is an effort to limit the scale of this proposal, commercial is one thing to think
about. He said he thought high-density residential by itself, was the highest zoning piece. He
thought that's largely where these properties probably are anyway, just given where our historic
properties are.
Boyd thought one item of consensus would be including anything that's been landmarked in 2018.
Kuenzli asked about the receiving areas that allow multiunit development. Kuenzli thought that was
a little vague. Boyd questioned if that was the red area on the map. Russett said yes it includes all
multifamily residential zones and commercial zones that allow multifamily.
Boyd said since those are the receiving sites, could those also be the categories that we use for
landmarks or districts. Russett said that was a possibility and she liked the suggestion of
commercial districts because residential districts, even though you could maybe get more units,
have lower height limit. Commercial districts generally allow a lot more development potential, so it
could be more of an incentive in a commercial district and a landmark designation could restrict the
ability to develop that property to its maximum allowable density or height under the zone. She said
to her, the commercial districts make sense because the base zoning designation probably allows
a lot more height than is currently there.
Boyd said he thought one other item for consensus was the idea of individual properties and
potentially future commercial districts. Russett said we could bring this back to the Commission at
the next meeting if they want to think about it more, but she needed to move it forward to Planning
and Zoning next week. She asked for the Commission's feelings on if this was something they
wanted the City Council to consider or if there was no interest in providing this type of incentive for
historic properties.
Boyd said he thought we should find incentives for landmark and district designations. He thought
the City should consider it, and the Commission was one step in that consideration. He said
Planning and Zoning will consider it, and ultimately City Council will consider it. He believed the
Commission's job was to look at the impact on historic preservation. He said TDRs are a potential
tool that helps incentivize historic preservation. He noted there were some things that needed to be
worked out as a City, but he didn't believe the Commission was the one to work out all of those
details.
Russett restated what she'd heard from the Commission. She heard this should apply to landmarks
that were designated in 2018, and maybe consider future commercial historic districts being
eligible. She heard some concern about the receiving sites. She said if they wanted those
changed, even if it was not a consensus, she would pass that information along.
Boyd agreed there was some concern about the receiving sites, particularly those in residential
areas. He didn't think there was a lot of concern when there was already a lot of density and a lot
of other taller buildings. He said the Commission was open and interested in exploring what other
incentives might be available outside of this particular program.
HISTORIC PRESERVATION COMMISSION
October 11, 2018
Page 12 of 16
DeGraw said there was a concern with the calculation with regard to lot size that used with Tate
Arms, because at times that would create an overly generous handing out of TDR that couldn't be
honored.
Shope was concerned that this is currently restricted to future landmarks. He said he understood
the rationale, which is that those existing landmarks are already protected, but historic landmarks
also have higher costs of maintenance. He had a bit of an issue with precluding the benefits of this
from those who already own those historic landmarks. Boyd wondered if there was a way for us to
think about other incentives for existing landmarks.
Shope noted this is the incentive that's before us right now. He asked for a clarification on the
following: On page 3 of the October 11th memo it says eligible sending sites include properties
designated as an Iowa City landmark, eligible for landmark designation, registered on the National
Register of Historic Places, or listed as an historically significant building per a survey. He said he
thought what was presented as eligible is an Iowa City landmark, and that's not the way he read
this sentence.
Russett said that portion of the October 11 memo was a summary of the current ordinance in
Riverfront Crossings. She clarified that if the property is in Riverfront Crossings and is registered
on the National Register, it is eligible, but is still required to get local landmark designation before
receiving the incentive.
Russett said she would pass these suggestions forward and incorporate some of them into the
draft ordinance if there was consensus. Russett said if the Commission wants to, it could move this
forward to Planning and Zoning with amendments. The Commission could move that it be deferred
until the next meeting and we it could be brought back.
Boyd asked if the Commission could move that they are generally in favor of this, but have a few
concerns that have been identified. Russett said that was an option. Boyd asked if the Commission
could still revisit the amendment at some point. Russett said it could be revisited at the next
meeting on November 8th, which would be before the amendment goes to City Council for public
hearing.
Boyd said he'd like to move that the Commission is generally in favor of the TDR amendment to
the zoning code and has made some suggestions. The Commission's role is to decide if this is a
tool that historic preservation should use.
Russett suggested moving the amendment forward and then, for a property owner that wasn't
thinking about development but still wondered what was going on with the TDR, add the offer of a
simple tax reduction. That would be appealing and save that person the burden of having to
research how to capture this potential. Russet said she thought some property owners would do
that.
MOTION: Boyd moved that the Commission is generally in favor of incentives, including
this amendment. The Commission has shared some specific concerns but are broadly in
HISTORIC PRESERVATION COMMISSION
October 11, 2018
Page 13 of 16
favor of moving forward. Karr seconded the motion. The motion carried on a vote of 7-0
(Agran, Burford, and Clore absent).
REPORT ON CERTIFICATES ISSUED BY CHAIR AND STAFF
Certificate of No Material Effect — Chair and Staff Review.
1037 East Washington Street.
This project will repair about five of their original windows and replace storms, which we don't need
to review, but they put it on the application anyway.
722 East College Street.
This project will replace the concrete steps that were an original part of the building. They have
completely deteriorated.
900 North Johnson.
This project is repairing siding that was deteriorated and repairing the rear deck.
430 Ronalds Street.
Bristow said the owners of this property are repairing windows
Minor Review — Staff Review.
Bristow said the University Partnership property at the last minute had to replace the roof because
it had failed suddenly. She said it was being replaced, but it would not be metal. It will be shingles.
Boyd wondered if it was just staff review if they go from metal to shingles. Bristow said yes, that
was something that changed at the beginning of the year.
927 South 7t" Avenue.
Bristow said this property was part of a series of bungalows that could have been their own historic
district at the end of 7t" Avenue, but they are a part of the Dearborn Street Conservation District.
The siding on just the front and rear dormers was failing and so they are replacing the siding and
trim.
412 S Summit Street.
Bristow said this roof has been deteriorating for a long time and they are replacing it. The internal
gutters will remain.
900 N Johnson.
Bristow said they will be putting in a radon mitigation system in the area where all other utilities are
located.
Planning and Zoning Commission
October 18, 2018
Page 9 of 15
Parsons stated he made the recommendation because while he believes the application
probably does conform with the County, it does not comply with the current Fringe Area
Agreement.
Signs noted this may become a bigger issue as he is aware of two other large open green
spaces nearby are destined for development so there is the potential of a rather large rural
residential area here.
A vote was taken and the motion passed 6-0 (Baker absent).
ZONING CODE AMENDMENT ITEM (ZCA18-00003):
Discussion of Amendments to Title 14, Zoning of the Iowa City Code related to transfer of
development rights for historic properties.
Russett began by providing the Commission with background as to why staff is working on this
ordinance, she will then talk about the existing transfer rights provisions which exist in Riverfront
Crossings, and finally will get into the specifics of the amendment proposed tonight.
At the City Council's May 29, 2018 meeting the Council considered the local landmark
designation of the property at 410-412 North Clinton Street. Council deferred action on the local
landmark designation until January 2019 while staff reviews and analyzes the establishment of
a city-wide transfer of development rights (TDR) program for historic properties. On August 7,
2018, Council discussed a city-wide TDR program at a work session and then on September 4,
2018, provided direction to staff on some key policy issues. Staff has been given a timeline by
Council, in June and August staff conducted a lot of research analysis of TDR around the
country, on September 4 they presented that research to Council and they directed staff to
move forward with drafting an ordinance. Last week staff presented the draft to the Historic
Preservation Commission and tonight are before the Planning & Zoning Commission for review
and discussion of this ordinance. Staff would like to present a draft to City Council next month,
the deadline for adoption of this ordinance, should the Council decide to adopt the ordinance, is
January 29, 2019, because that is when the expiration of the deferral for the local landmark
designation on the North Clinton Street property happens.
Russett provided some background as to why the City is perusing this ordinance. National
Register Districts are an honorary designation, it does not provide any protection for listed
resources, it does not limit a property owner from making modifications on a building or
demolishing a building, but it does offer incentives. On the flip side Iowa City's local historic
districts and local landmarks provide protection to historic resources and any changes to the
exterior of those buildings need to either be reviewed and approved by the Historic Preservation
Planner or the Historic Preservation Commission. The idea behind the transfer of development
rights ordinance is to provide an incentive to property owners to landmark their historic
buildings. Transfer of development rights is meant to protect historic resources by giving
property owners of those historic resources the ability to sell or transfer development rights to
another property. The areas that may receive the transfer of development rights are in areas
where the City wants to see more development. Russett acknowledged the goal is to preserve
historic landmark designations and buildings, right now it is uncertain the effectiveness of an
ordinance like this, there has been no market analysis to determine a market for these transfer
rights, and if people will actually utilize it.
Planning and Zoning Commission
October 18, 2018
Page 10 of 15
Russett noted key components of TDR programs are:
• Sending Areas: Areas identified for protection. These areas are typically required to be
preserved and all or a portion of the development potential of the property could be
transferred to another site.
• Receiving Areas: Areas where the development rights from the sending sites could be
transferred. These are areas where the City wants to encourage growth and
development at a higher density or intensity than currently allowed. These areas should
have adequate public services and utilities to accommodate additional growth, as well
as a healthy market demand for growth.
• Transfer Calculations: TDR programs can allow the transfer of all or a portion of the
development potential of a sending site. Ordinances must outline how the transfers are
calculated.
• Process & Administration: TDR programs need to establish a process for how transfers
are reviewed and approved. Additionally, transfers must be tracked over time (i.e. how
many transfers do property owners in the sending area have; how many have been
transferred and how many remain; where have they been transferred).
The City currently has a TDR ordinance in the Riverfront Crossings District for the dedication of
open space, preservation of historic properties, and the dedication of public right-of-way. Below
is a summary of the existing provisions for historic structures:
• Eligible sending sites include properties designated as an Iowa City Landmark, eligible
for landmark designation, registered on the National Register of Historic Places, or
listed as a historically significant building per a survey
• Prior to requesting a transfer of development rights, the property must be designated as
an Iowa City Landmark to ensure its protection long-term
• Receiving sites include properties within the Riverfront Crossings District
• The formula for calculating the transfer is Lot Area of the Sending Site X Maximum
Number of Stories Allowed on the Sending Site = Square Footage Eligible for Transfer
• City Council must review and approve all projects receiving transfer of development
rights
• No transfer can exceed the maximum height allowed through the building height bonus
provisions, which varies depending on the subdistrict
One example of a transfer of development rights was for the transfer of development rights from
the Tate Arms building at 914 S. Dubuque (sending site) to a new building at the corner of S.
Dubuque and Benton Streets (201 E. Benton & 912 S. Dubuque (receiving site)). Out of the
34,800 square feet of development rights available for transfer, the Council approved a transfer
of 7,400 square feet to add a 51" story to the building. The property owner has 27,400 square
feet of development rights remaining to transfer.
Signs asked about the calculations of transfer rights being based on the square footage of the
entire lot and why aren't they based on the allowable square footage of a building that could go
on that lot. Russett stated when the formula was developed for Riverfront Crossings they
intentionally made it very generous because they anticipated development and redevelopment
in Riverfront Crossings and wanted it to be a higher amount that could be transferred.
Russett noted the direction staff received on the city-wide ordinance is to have the sending sites
Planning and Zoning Commission
October 18, 2018
Page 11 of 15
to only apply to future local landmarks, not to existing, staff is to develop a new transfer formula,
however the current formula used in Riverfront Crossings would remain intact for that area only,
Council will continue to have oversight on the program and will review and approve any transfer
right requests, and in terms of the receiving sites Council directed staff to look at Riverfront
Crossings and sites that allow multi -unit development throughout the community.
Russett next gave an overview of the proposal for the City-wide ordinance. For the sending
sites staff is recommending looking at future properties that are listed as Iowa City landmarks as
well as contributing properties listed in future Iowa City local districts. Staff presented this
proposal to the Historical Preservation Commission on October 11 and they expressed concern
that the proposed ordinance only applies to future Iowa City landmarks and if it is not provided
to future districts it could be a disincentive for the creation of districts and people will just want to
create landmarks. The Historic Preservation Commission also noted Council recently adopted
several Iowa City landmark designations and requested those properties also be eligible for the
incentive. Properties within existing historic districts would not be eligible and property within
existing and future conservation districts would also not be eligible as sending sites.
Russett noted in addition to this proposed ordinance, staff is recommending an amendment to
the existing Riverfront Crossings transfer of development rights provisions to allow the transfer
and incentive to also apply to districts and not just landmarks.
In terms of receiving sites, staff is recommending any site zoned Riverfront Crossings, multi-
family residential or any commercial zone that would allow multi -family be eligible as a receiving
site. Russett showed a map indicating the potential receiving sites.
Staff is recommending the transfer of development rights be one of two options, either a height
bonus or a density bonus, but not both a height and density bonus. Additionally, staff proposes
to allow transfer requests to exceed either the height or density permitted on the receiving site,
but restrict any height bonus to no more than 40 feet above the maximum height allowed. If the
receiving site is next to an existing single family home the height is limited to twenty feet above
the height of that existing home. Staff is not recommending any restrictions on the density
bonus.
Hensch asked if for density someone could use every square inch of the parcel. Russett noted
with density there would still be parking requirements, open space requirements, and all other
regulations in the zoning ordinance.
Russett noted the formula to be used to determine the potential transfer a sending site would
have, staff is proposing the difference between the maximum allowable height of the sending
site and the existing height of the historic structure. However they are noting that no transfer
would be less than 12 feet, or one story. For example if there is an existing historic structure
that is 30 feet and the maximum height on the sending site is 35 feet, the difference is only 5
feet but the transfer would be 12 feet as it is the allowable minimum. For the density bonus
option staff is proposing the transfer be the difference between the maximum number of
dwelling units allowed on the sending site and the existing number of dwelling units on the
sending site. The maximum density should also be based on the on the underlying zoning
designation at the time of Iowa City historic landmark designation.
In terms of the transfer process, any requests for a transfer of density or height from a sending
site to a receiving site will be reviewed by the staff design review committee, which will then
Planning and Zoning Commission
October 18, 2018
Page 12 of 15
submit a recommendation to the City Council for their review and approval.
Russett noted the proposed ordinance is consistent with the Comprehensive Plan as there are
goals in the Comprehensive Plan to protect our community's historical, environmental, and
aesthetic assets, there is also a Historical Preservation Plan component of the Comprehensive
Plan which again has goals for the preservation of historic resources and also a specific goal to
establish economic incentives to encourage the preservation of historic buildings and
neighborhoods.
Staff recommends that the Planning and Zoning Commission recommend adoption of the draft
ordinance by the Iowa City City Council.
Hensch thanked Russett for the thorough presentation and how helpful it was to explain the
proposal. He noted he is not a big fan of the density bonus and feels there could be issues with
that but likes that City Council has to approve all transfer requests.
Martin acknowledged the process this has gone through and asked if the Historic Preservation
Commission did approve the ordinance. Russett said the Historic Preservation Commission did
have some concerns but recommended moving it forward, she will go back to the Historic
Preservation Commission in November with an update and let them know the progress.
Signs asked about the historic district piece, noting a few meetings ago when the Commission
voted on a large group of properties on South Clinton Street (the Railroad District) that was to
be made into a historic district, would those properties then qualify to have transfer rights.
Russett noted they would if it was a contributing resource to the historic district.
Hensch asked for clarification on how the transfer rights work within a district. Russett used the
Railroad District as an example, any property within that district that is identified as a
contributing resource, that site and that building, would be eligible for a transfer and the formula
would be based on that specific property, not the district as a whole. Hensch asked who can
take advantage of the transfer rights, only the owners of the property, or could they give that
right to some developer in their name. Russett said the transfer rights could be sold to a
developer.
Dyer asked about demolition by neglect or any provisions that say the owner must upkeep the
landmark property. Russett said they followed the language that was in the Riverfront
Crossings Code that says the property is subject to the demolition by neglect ordinance and
property needs to be maintained. If the property is deteriorating the owner would not need to
make improvements to be eligible for the transfer rights.
Townsend asked how they would keep track of these transfers. Russett said the City will
maintain a database of eligible properties and transfer potential, where they are transferred to
and what the receiving site is. Staff is also proposing as part of the application to apply for a
transfer details on the application. They are also requesting that if there is a private sale on the
open market that the City at least be notified the sale has happened.
Martin asked what would happen if a private sale happens and the developer does not use the
transfer rights for a while and in that time the City decides this ordinance is not appropriate and
removes it from Code, what happens to the developer that is now the owner of a transfer they
cannot use. Dulek acknowledged that is an issue that is potentially out there. She added with
Planning and Zoning Commission
October 18, 2018
Page 13 of 15
regards to maintaining this database there will have to be the ability to keep track of the change
of title for these rights.
Hensch asked if this ordinance is in response to market demand. Russett said it was a request
of the property owner's at 410 North Clinton when that property was going through the historic
designation process, they requested for their local landmark designation be put on hold until this
ordinance could be discussed and implemented.
Hensch opened the public hearing
Matthew Kulzak (222 N. Clinton St.) is an econ student at The University of Iowa and is taking a
class on planning livable cities and that is why he attended today's meeting. In class they are
discussing the development rights and transferring those and he feels from an economic
perspective it is great because one issue that occurs with historic buildings is there is potential
development in that area but it is unusable because it is historical and something that is valued
by a city to maintain historic character. One issue that could arise is the building being
neglected and the rights still sold, and that seems like a valid concern and not in the spirit of the
program to benefit for the historic building but not maintain it.
Andrew Hoffmann (718 Oakcrest Street) is a College of Law student at The University of Iowa in
a property law class and commented on the density issue noting it was pretty limited in the way
the presentation was shown because the density can only be transferred by the extent that the
landmark has the capability to do that. Hoffmann feels it would be a pretty small transfer and not
a big issue. Additionally the distance of transfer, the transfer could be sold and used anywhere
in the City and there are no restrictions given in the presentation.
Hensch closed the public hearing.
Signs moved to recommend approval of Amendments to Title 14, Zoning of the Iowa City
Code related to transfer of development rights for historic properties.
Parsons seconded the motion.
Signs noted he likes this amendment in that it does address some of the concerns he expressed
when the Commission was acting upon the historic properties at past meetings. There is
potential for economic loss to a landowner when the City designates a landmark against the
property owners will, and now there is a potential benefit and may mitigate any owner loss on
the property.
Townsend would like to see some requirement that the property had to be kept in good
condition to be eligible to transfer development rights.
Martin asked if a property sells their rights, then has the property demolished due to disrepair,
what can be rebuilt in that location.
Dyer recalls that when the Tate Arms transfer of development rights happened the property
owner was required to upgrade and maintain the Take Arms building as well as be able to
construct the new building. Russett agreed and noted there was a provision in the Riverfront
Crossings Ordinance related to demolition by neglect. That provision will also be in this
ordinance. Russett also noted there is a City ordinance that requires all buildings in the city to
Planning and Zoning Commission
October 18, 2018
Page 14 of 15
be maintained.
Signs is concerned about an indefinite time frame, but likes to idea of bringing the building up to
standards at the time of development transfer.
A vote was taken and the motion passed 6-0 (Baker absent).
CONSIDERATION OF MEETING MINUTES: SEPTEMBER 20, 2018
Signs moved to approve the meeting minutes of September 20, 2018.
Martin seconded the motion.
A vote was taken and the motion passed 6-0.
PLANNING AND ZONING INFORMATION:
Russett noted two things. First she introduced the new associate planner Ray Heitner. Second,
staff received a letter from property owners in the Cardinal Pointe Subdivision that she emailed
out to the Commission members, the letter expresses some concerns to a property that is for
sale off Camp Cardinal Boulevard. Russett noted staff has not received an application for a
rezoning on the property yet.
Signs noted there has been a substantial change of membership on the Commission and in
staff and he wonders if a work session is needed to talk through expectations going forward.
Hensch noted it seems like staff reports are different now and perhaps stormwater can always
be referenced even if just to say no report for that application. Signs agreed, that is an issue
brought forth in many applications.
Adjournment:
Signs moved to adjourn.
Parsons seconded.
A vote was taken and the motion passed 6-0.
Deferred to 12/18/2018 g (�
Prepared by: Anne Russett,Senior 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 Transfer of Development Rights for Certain Historic Properties
(ZCA18-00003)
Whereas,the City of Iowa City aims to preserve historic resources through the creation of
Iowa City historic landmarks and districts; and
Whereas, the City is interested in ways to incentivize the designation of Iowa City historic
landmarks and districts; and
Whereas, one way to incentivize the preservation of historic resources is through the
transfer of development rights; and
Whereas,the City currently provides this incentive within the Riverfront Crossings districts;
and
Whereas, allowing the transfer of development rights city-wide for the preservation of
historic resources may provide an incentive to property owners of historic buildings throughout
the community; and
Whereas, the proposed amendment allows for the transfer of development rights in the
form of a height or density bonus from Iowa City historic landmarks and contributing structures
within Iowa City historic districts to eligible receiving sites; and
Whereas, the proposed amendment is consistent with the following Comprehensive Plan
Land Use Goal and Strategy:
Goal:Continue to protect our community's historical, environmental, and aesthetic assets.
Strategy: Develop strategies to encourage the protection of natural areas and historic
features and support the enhancement of areas that can serve as assets and/or amenities
for adjacent development; and
Whereas, the proposed amendment is consistent with the following Historic Preservation
Plan goals:
Goal 2: Make protection of historic resources a municipal policy and implement
this policy through effective and efficient legislation and regulatory measures.
Goal 3: Establish economic incentives to encourage the preservation of historic
buildings and neighborhoods; and
Whereas, the Historic Preservation Commission held a meeting on October 11, 2018 and
voted to move the aforementioned zoning code amendment forward; and
Whereas, the Planning and Zoning Commission held a meeting on October 18, 2018 and
recommended approval of the aforementioned zoning code amendment; and
Whereas, it is in the City's best interest to adopt this ordinance.
1
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 adding the following
sections and underlined text, as follows:
Amend 14-2A-7, Special Provisions, by adding a new subsection E. Transfer of
Development Rights:
E. Transfer of Development Rights
1. Purpose: The transfer of development rights and corresponding height and density bonuses
provide an incentive for the preservation and adaptive reuse of historic properties.
2. Sending Sites Requirements:
a. The sending site must be designated one of the base zones established in 14-2A
"Single-Family Residential", 14-2B "Multi-Family Residential", or 14-2C "Commercial", of
this title.
b. The sending site must be designated as either an Iowa City historic landmark or listed as
a contributing structure in an Iowa City historic district in accordance with 14-3B-1,
"Historic District Overlay Zone", of this title, after January 1, 2018.
c. All historic buildings and structures on the sending site must be preserved against
decay, deterioration, and kept free from structural defects by the owner or such person,
persons, or entities who may have custody or control thereof, according to the provisions
of section 14-3B-7, "Prevention Of Demolition By Neglect", of this title.
3. Receiving Sites Requirements:
a. A site is eligible to be a receiving site if it is:
(1) Designated one of the Riverfront Crossings zoning designations per 14-2G of this
title; or
(2) Designated one of the base zones that allows multi-family dwellings either as a
permitted or provisional use according to Table 2B-1 "Principal Uses Allowed in
Multi-Family Residential Zones" and Table 2C-1 "Principal Uses Allowed in
Commercial Zones", of this title.
b. A site is ineligible to be a receiving site if it is:
(1) Designated as an Iowa City historic landmark,
(2) Located within an Iowa City historic district,
(3) Located within an Iowa City conservation district, or
(4) Listed in the National Register of Historic Places.
4. Transfer of Development Rights:
a. Owners of eligible sending sites may request a transfer of development rights using one
of the following formulas:
(1) The difference between the maximum height of the sending site allowed at the time
of the Historic District Overlay(OHD) zoning designation and the existing height of
the historic structure. When the height difference is more than zero, but less than 10
feet, the allowable height transfer shall be 10 feet. Sending sites zoned either CB-5
or CB-10 may only request a height transfer. For the purposes of calculating the
transfer of development rights, the maximum height of a sending site located in the
CB-10 zone district shall be 100 feet. For the purposes of this ordinance, 10 feet
shall equal 1 story in height; or
2
(2) The difference between the maximum number of dwelling units allowed on the
sending site at the time of the Historic District Overlay (OHD)zoning designation and
the existing number of dwelling units on the sending site
b. Transfers of development rights may result in the receiving site being developed at a
height or density in excess of that otherwise allowed by the base zone with the following
limitations:
(1) Where a receiving site is designated one of the eligible base zones established in 14-
26 "Multi-Family Residential"or 14-2C "Commercial", no transfer of height shall result
in development in excess of 40 feet above the maximum height allowed by the
receiving site base zone.
(2) Where a receiving site is zoned a Riverfront Crossings base zone,no transfer of height
shall result in development in excess of the height bonus maximums set forth in 14-
2G-7G-1d of this title.
(3) Where a receiving site is adjacent to an existing single-family home, no transfer of
height shall result in development in excess of two stories above the height of the
existing single-family home.
5. Transfer of Development Rights Review Process:
a. Requests for transfer of development rights shall be subject to the Level II design review
process according to 14-8B-3, of this title.
b. In addition to the requirements outlined in 14-8B-3 of this title, applicants requesting a
transfer of development rights must provide the following information:
(1) The proposed sending site and the amount of transfer potential,
(2) The proposed receiving site,
(3) The amount of height bonus or density bonus requested,
(4) A concept plan and elevations of the proposed project to utilize the transfer on the
receiving site, and
(5) Evidence demonstrating ownership of both the sending and receiving sites; and
(6) Evidence demonstrating eligibility of both the sending and receiving sites for transfer
of development rights; and
(7) Any other information required per the application form.
6.Transfer of Development Rights Tracking:
a. The Neighborhood and Development Services Department staff shall maintain a list of
transfers requested and approved. This list shall include the transfer potential of the
sending site, the amount transferred and to which receiving site, and the transfer amount
that remains on the sending site.
b. If a private entity conveys transfer rights to another private entity, the City shall be
notified of the sale.
Amend 14-2B-8, Special Provisions, by adding the following subsection D.Transfer of
Development Rights:
D. Transfer of Development Rights
1. Purpose: The transfer of development rights and corresponding height and density bonuses
provide an incentive for the preservation and adaptive reuse of historic properties.
2. Sending Sites Requirements:
3
d. The sending site must be designated one of the base zones established in 14-2A
"Single-Family Residential", 14-2B "Multi-Family Residential", or 14-2C "Commercial", of
this title.
e. The sending site must be designated as either an Iowa City historic landmark or listed as
a contributing structure in an Iowa City historic district in accordance with 14-3B-1,
"Historic District Overlay Zone", of this title, after January 1, 2018.
f. All historic buildings and structures on the sending site must be preserved against
decay, deterioration, and kept free from structural defects by the owner or such person,
persons, or entities who may have custody or control thereof, according to the provisions
of section 14-3B-7, "Prevention Of Demolition By Neglect", of this title.
3. Receiving Sites Requirements:
a. A site is eligible to be a receiving site if it is:
(3) Designated one of the Riverfront Crossings zoning designations per 14-2G of this
title: or
(4) Designated one of the base zones that allows multi-family dwellings either as a
permitted or provisional use according to Table 2B-1 "Principal Uses Allowed in
Multi-Family Residential Zones" and Table 2C-1 "Principal Uses Allowed in
Commercial Zones", of this title.
c. A site is ineligible to be a receiving site if it is:
(5) Designated as an Iowa City historic landmark,
(6) Located within an Iowa City historic district,
(7) Located within an Iowa City conservation district, or
(8) Listed in the National Register of Historic Places.
4. Transfer of Development Rights:
c. Owners of eligible sending sites may request a transfer of development rights using one
of the following formulas:
(1) The difference between the maximum height of the sending site allowed at the time
of the Historic District Overlay (OHD) zoning designation and the existing height of
the historic structure. When the height difference is more than zero, but less than 10
feet, the allowable height transfer shall be 10 feet. Sending sites zoned either CB-5
or CB-10 may only request a height transfer. For the purposes of calculating the
transfer of development rights, the maximum height of a sending site located in the
CB-10 zone district shall be 100 feet. For the purposes of this ordinance, 10 feet
shall equal 1 story in height; or
(2) The difference between the maximum number of dwelling units allowed on the
sending site at the time of the Historic District Overlay (OHD) zoning designation and
the existing number of dwelling units on the sending site
d. Transfers of development rights may result in the receiving site being developed at a
height or density in excess of that otherwise allowed by the base zone with the following
limitations:
(1) Where a receiving site is designated one of the eligible base zones established in 14-
2B "Multi-Family Residential" or 14-2C "Commercial", no transfer of height shall result
in development in excess of 40 feet above the maximum height allowed by the
receiving site base zone.
(2) Where a receiving site is zoned a Riverfront Crossings base zone, no transfer of height
shall result in development in excess of the height bonus maximums set forth in 14-
2G-7G-1d of this title.
4
(3) Where a receiving site is adjacent to an existing single-family home, no transfer of
height shall result in development in excess of two stories above the height of the
existing single-family home.
5. Transfer of Development Rights Review Process:
c. Requests for transfer of development rights shall be subject to the Level II design review
process according to 14-8B-3, of this title.
d. In addition to the requirements outlined in 14-8B-3 of this title, applicants requesting a
transfer of development rights must provide the following information:
(1) The proposed sending site and the amount of transfer potential,
(2) The proposed receiving site,
(3) The amount of height bonus or density bonus requested,
(4) A concept plan and elevations of the proposed project to utilize the transfer on the
receiving site, and
(5) Evidence demonstrating ownership of both the sending and receiving sites; and
(6) Evidence demonstrating eligibility of both the sending and receiving sites for transfer
of development rights; and
(7) Any other information required per the application form.
6. Transfer of Development Rights Tracking:
a. The Neighborhood and Development Services Department staff shall maintain a list of
transfers requested and approved. This list shall include the transfer potential of the
sending site, the amount transferred and to which receiving site, and the transfer amount
that remains on the sending site.
b. If a private entity conveys transfer rights to another private entity, the City shall be
notified of the sale.
Amend 14-2C-11, Special Provisions, by adding the following subsection D. Transfer of
Development Rights:
D. Transfer of Development Rights
1. Purpose: The transfer of development rights and corresponding height and density bonuses
provide an incentive for the preservation and adaptive reuse of historic properties.
2. Sending Sites Requirements:
g. The sending site must be designated one of the base zones established in 14-2A
"Single-Family Residential", 14-2B "Multi-Family Residential", or 14-2C "Commercial", of
this title.
h. The sending site must be designated as either an Iowa City historic landmark or listed as
a contributing structure in an Iowa City historic district in accordance with 14-3B-1,
"Historic District Overlay Zone", of this title, after January 1, 2018.
i. All historic buildings and structures on the sending site must be preserved against
decay, deterioration, and kept free from structural defects by the owner or such person,
persons, or entities who may have custody or control thereof, according to the provisions
of section 14-3B-7, "Prevention Of Demolition By Neglect", of this title.
3. Receiving Sites Requirements:
a. A site is eligible to be a receiving site if it is:
(5) Designated one of the Riverfront Crossings zoning designations per 14-2G of this
title; or
5
(6) Designated one of the base zones that allows multi-family dwellings either as a
permitted or provisional use according to Table 2B-1 "Principal Uses Allowed in
Multi-Family Residential Zones" and Table 2C-1 "Principal Uses Allowed in
Commercial Zones", of this title.
d. A site is ineligible to be a receiving site if it is:
(9) Designated as an Iowa City historic landmark,
(10) Located within an Iowa City historic district,
(11) Located within an Iowa City conservation district, or
(12) Listed in the National Register of Historic Places.
4. Transfer of Development Rights:
e. Owners of eligible sending sites may request a transfer of development rights using one
of the following formulas:
(1) The difference between the maximum height of the sending site allowed at the time
of the Historic District Overlay(OHD)zoning designation and the existing height of
the historic structure. When the height difference is more than zero, but less than 10
feet, the allowable height transfer shall be 10 feet. Sending sites zoned either CB-5
or CB-10 may only request a height transfer. For the purposes of calculating the
transfer of development rights,the maximum height of a sending site located in the
CB-10 zone district shall be 100 feet. For the purposes of this ordinance, 10 feet
shall equal 1 story in height; or
(2) The difference between the maximum number of dwelling units allowed on the
sending site at the time of the Historic District Overlay(OHD) zoning designation and
the existing number of dwelling units on the sending site
f. Transfers of development rights may result in the receiving site being developed at a
height or density in excess of that otherwise allowed by the base zone with the following
limitations:
(1) Where a receiving site is designated one of the eligible base zones established in 14-
26 "Multi-Family Residential" or 14-2C "Commercial", no transfer of height shall result
in development in excess of 40 feet above the maximum height allowed by the
receiving site base zone.
(2) Where a receiving site is zoned a Riverfront Crossings base zone, no transfer of height
shall result in development in excess of the height bonus maximums set forth in 14-
2G-7G-1d of this title.
(3) Where a receiving site is adjacent to an existing single-family home, no transfer of
height shall result in development in excess of two stories above the height of the
existing single-family home.
5. Transfer of Development Rights Review Process:
e. Requests for transfer of development rights shall be subject to the Level II design review
process according to 14-8B-3, of this title.
f. In addition to the requirements outlined in 14-8B-3 of this title, applicants requesting a
transfer of development rights must provide the following information:
(1) The proposed sending site and the amount of transfer potential,
(2) The proposed receiving site,
(3) The amount of height bonus or density bonus requested,
(4) A concept plan and elevations of the proposed project to utilize the transfer on the
receiving site, and
(5) Evidence demonstrating ownership of both the sending and receiving sites; and
(6) Evidence demonstrating eligibility of both the sending and receiving sites for transfer
of development rights; and
6
(7) Any other information required per the application form.
6. Transfer of Development Rights Tracking:
a. The Neighborhood and Development Services Department staff shall maintain a list of
transfers requested and approved. This list shall include the transfer potential of the
sending site, the amount transferred and to which receiving site, and the transfer amount
that remains on the sending site.
b. If a private entity conveys transfer rights to another private entity, the City shall be
notified of the sale.
7
Amend Table 2B-2: Dimensional Requirements for Multi-Family Residential Zones, by amending the table, as follows:
Table 2B-2: Dimensional Requirements for Multi-Family Residential Zones
7Maximum Lot I I.
Minimum Lot Requirements Minimum Setbacks Building Bulk Coverage
Total Maximum Minimum
Area I Minimum Minimum Total Front Number Of Open
(Sq. Area/Unit Width Frontage Front Side Rear Height Building Building Setback Bedrooms Space12
Zone/Use Ft.) (Sq. Ft.) (Ft.) (Ft.) (Ft.) (Ft.) (Ft.) I (Ft.) ( width Coverage Coverage I Per Unit13 (Sq.Ft.)
RM- Detached 5,000' 5,000' 557 40' 155 5+22 See 358 203 I 50% 50% n/a 500
12 single-family note
and 10
detached
zero lot line
I I
Duplex 6,000 3,000 55 40 155 5+22 See I 358 203 50% 50% 4 300/unit
note
10
i I I I
Attached 3,000 3,000 20/288 20 155 0/104 20 358 n/—
50% 50% 4 I-7150
single-
family I I I
Multi-family 8,175 See table 60 ( 40 120 10 20 I 358 203 1 50% I 50% 3 10/bed •
-
2B-3 of this IIi room,but
section no less
than 400
Group 8,175 See chapter 60 40 20 10 20 1-3T'— 203 50% 50% See chapter 10/bed-
living 4, article 4, article room,but
B of this B of this I no less
title I I title than 400
'
Non- 5,000 5,000 I 60 40 20 1 10 20 358 203 I 50% 50% n/a I n/a
residential' I
RM- Detached 5,0007 5,000' 557 407 155 5+22 See 358 203 1 50% 50% i n/a 500
20 single-family note
and
10
detached I I
zero lot line
8
I _ _
Duplex 3,600 1,800 45 35 5-5-;—R: See 358 203 50% 50% 4 300/unit
note
10
Attached 1,800 1,800 20/286 20 155 0/10' 20 35 I n/a 50% 50% 4 51
single-
family I I I
Multi-family 5,000 See table 60 40 1-2--) 10 20 358• 203 50% I 50% 3 110/bed-
2B-3 of this u room,but •
section I I 1
Ino less
I than 400
I
Group 5,000 See chapter 60 40 20 10 20 358 203 50% ' 50% See chapter I 10/bed-
living 4,article 4, article I room, but
B of this ! I I I B of this no less
title title I than 400
I
Non- 5,000 n/a 60 40 20 10 20 358 203 50% 50% n/a In/a
residential'
RNS- Detached 5,0007 5,0007 403 I 25 r--1- r-54- --
54- See 358 203 I 45% I 50% n/a I 500
20 single-family I I note I
and I 10
detached
zero lot line
i
Duplex 5,000 2,500 40 25 155 5+22 See I 358 203 45% 50% 4 300/unit
note
It10 tAttached 2,500 I 2,500 201288 20 1155 I 0/10' 20 358 n/a 45% 50% 4 150
singly-
family
Multi-family 5,000 See table 40 25 i 20 10 20 pEr-
203 I 4r 5% 50% 3 110/bed-
2B-3
of this I I I room,but
section and I I no less
note 9 I ` I I than 400
i
Group 5,000 See chapter 40 25 20 10 20 358 203 45% 50% See chapter 10/bed-
living 4• article 4• article room, but
39 of this ; I I I B of this no less
title I I title than 400
i
Non- 5,000 n/a 40 25 T 20 I 10 220 f 356 I 203 1 45% i 50% n/a n/a
residential' I I I I
9
RM- I Multi-family ( 5,000 See table None 35 20 10 20 358. 203 50% 50% 3 10/bed-
44 2B-3 of this I 14
! room,but
section
I no less
1 than 400
Group 5,000 See chapter I None 35 20 10 20 358 203 j 50% I 50% See chapter 10/bed-
living 4, article , ( I 4.article room,but
B of this I B of this no less
title I I I title than 400
Non- 5,000 n/a None 35 20 10 ( 20 i 358 203 50% 50% n/a ( n/a
residential'
PRM Multi-family 5,000 See table None 35 20 10 1011 358, 203 50% 50% I 3 10/bed-
2B-3 of this I I 14 room, but .
section I I no less
I I I j I than 400
i
Group 5,000 See chapter None 35 20 10 1011 1 358 203 50% I 50% See chapter 10/bed-
living 4, article 4, article room, but
B of this B of this I no less
1 title I I title than 400
1
Non- 5,000 1 n/a None 35 20 10 1011 358 203 50% I 50% n/a n/a
residential1 I I
n/a = not applicable
Notes:
1. Non-residential uses must comply with the standards listed in this table unless specified otherwise in chapter 4, article B, "Minor Modifications,
Variances, Special Exceptions, And Provisional Uses", of this title.
2. Minimum side setback is 5 feet for the first 2 stories plus 2 feet for each additional story. Detached zero lot line dwellings must comply with the
applicable side setback standards in chapter 4, article B of this title.
3. A building must be in compliance with the specified minimum building width for at least 75 percent of the building's length.
4. See applicable side setbacks for attached single-family as provided in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And
Provisional Uses", of this title.
5. The principal dwelling must be set back at least 15 feet, except on lots located around the bulb of a cul-de-sac; on such lots the principal dwelling must
be set back at least 25 feet. On all lots, garages, both attached and detached, must be set back as specified in chapter 4, article C, "Accessory Uses And
Buildings", of this title.
6. Minimum lot width is 20 feet for attached units on interior lots and 28 feet for end lots in a row of attached units. When only 2 units are attached, lots
must be 28 feet wide.
7. If the single family density bonus options have been applied, the minimum lot area, lot area per unit, lot width and lot frontage requirements may be
reduced accordingly. (See subsection 14-2B-4A, "Minimum Lot Requirements", of this section.)
8. Additional height restrictions may apply on properties adjacent to single family zones or single family uses. (See subsection 14-26-4C, "Building Bulk
10
Standards", of this section.)
9. See the special provisions of this article regarding minimum lot area per unit requirements in the RNS-20 Zone.
10. The principal building rear setback is 20 feet. except in the Central Planning District and Downtown Planning District, where the rear setback is
dependent on the depth of the lot. For lots equal to or less than 100 feet in depth: minimum rear setback = 20 feet. For lots greater than 100 feet in depth:
minimum rear setback = lot depth less 80 feet. For purposes of this provision, garages located in the rear yard and attached to the principal dwelling with a
(non-habitable) breezeway (8 feet or narrower in width) will be considered detached accessory buildings and, therefore, are subject to the setback
requirements for detached accessory buildings, rather than principal building setback requirements. Similarly, subject breezeways shall be treated as
detached accessory structures/buildings.
11. May be reduced to 5 feet if rear lot line abuts an alley.
12. Open space must comply with standards set forth in subsection 14-2B-4E of this section.
13. Any bedroom within a multi-family, attached single family, or duplex that exceeds 225 square feet in size or has any horizontal dimension greater than
16 feet shall count as 2 or more bedrooms, as determined by the City. The maximum number of bedrooms may be further constrained by the provisions of
the title 17. chapter 5, "Housing Code", of this Code.
14. Maximum height requirements may be exceeded for projects with an approved transfer of development rights for increased height according to 14-2A-
7, 14-2B-8, or 14-2C-11 "Special Provisions", of this title.
11
Amend Table 2B-3: Maximum Density Standards for Multi-Family Dwellings in Multi-
Family Zone, by amending the table, as follows:
Table 2B-3: Maximum Density Standards For Multi-Family Dwellings In Multi-Family Zone
r— I
Zone
[
' RM-20RNS-20 And
IRM-12 R
M-
4
4
PRM
Minimum lot area per unit(in square feet):
Efficiency or 1-bedroom unit (2,7252 1,8002 15002 4352
2-bedroom unit 7252 1,8002 [1,0002 x752
3-bedroom unit 2,7252 2,7002 N,5002 1,3152
Maximum number of bedrooms per multi-family dwelling unit r3 —,3 3
Minimum bedroom size'(square feet) 1 100 100 F. N®
Note:
1. New bedrooms must be a minimum of 100 square feet in size. However,for purposes of the
provisions within this table, any existing habitable room that is larger than 70 square feet in size with
a horizontal dimension of at least 7 feet, that meets the egress requirements as specified in the
Building Code, and is not a typical shared living space, such as a living room, dining area, kitchen, or
bathroom will be considered a bedroom. Bedrooms that exceed 225 square feet in size or have any
horizontal dimension greater than 16 feet shall count as 2 or more bedrooms, as determined by the
City. The maximum number of bedrooms may be further constrained by the provisions of title 17.
chapter 5, "Housing Code", of this Code.
2. Minimum lot area per unit requirements may be reduced for projects with an approved transfer of
development rights for increased density accordinq to 14-2A-7, 14-2B-8, or 14-2C-11 "Special
Provisions", of this title.
12
Amend Table 2C-2(a): Dimensional Requirements for All Commercial Zones, Except the
MU Zone, by amending the table, as follows:
Table 2C-2(a): Dimensional Requirements For All Commercial Zones, Except The MU Zone9
r— — — — — —
Maximum
Minimum Lot Requirements Minimum Setbacks Setbacks I Building Bulk
i — —- ---
Area/
Total Dwellin r ------
Area g Unit Minimum
Maximum I Minimum
(Sq. (Sq. Width Frontage Front Side Rear Front Height Height
Zone Ft.) Ft.) (Ft.) (Ft.) (Ft.) (Ft.) (Ft.) (Ft.) (Ft.) 1 (Ft.) FAR
CO-1 None See None None 10 01 01 r None 255.1Q � None 1 1 or
table i 33
2C-
2(c)of
this
section
r-- --- — -- I — -- -
CN-1 None See None None I 5 0' 0' See 22 or 352. 18 1
table I subsection 14- I
2C- 2C-7E of this
2(c)of article
this
section
CH-1 None n/a r 100 [ None 10 r 01 ro7 f None None r None ti
CI-1 None n/a (None None [ 10 01 01 [ None 35 r None p---
I
CC-2 17%-lone See None None 10 r 01 01 None 35 I None 2
table
2C-
2(c)of
this
section
CB-2 None See I None None 0 01 01 12 45,IQ None 2'
table
2C-
2(c)of
this
section
CB-5 None See None None 0 or 01 01 12 75,la 25 35
table 104
2C-
2(c)of
this
section
13
r--
CB-10 None See None None 0 or 0' 01 12 None 25 106
table 10
2C-
2(c)of
this
section
n/a = Not applicable
Notes:
1. A side setback or rear setback is not required where the side lot line or rear lot line abuts a
nonresidential zone. However, where a side lot line or rear lot line abuts a residential zone, a
setback at least equal to the required setback in the abutting residential zone must be provided
along the residential zone boundary.
2. Maximum height is 22 feet for one-story buildings, with the following exception: One-story
buildings may exceed 22 feet in height if there are clerestory windows facing the street that give the
appearance of second floor space. The maximum height for all other buildings is 35 feet.
3. Maximum FAR is 3, except for lots that abut or are across the street from a single-family
residential zone, in which case the maximum FAR is 1. Hospitals are exempt from the FAR limit in
the CO-1 Zone.
4. A front setback is not required, except for buildings that front on Burlington Street. Buildings must
be set back at least 10 feet from the Burlington Street right-of-way. Building columns supporting
upper stories may be located within this 10 foot setback, provided an adequate pedestrian
passageway is maintained.
5. Maximum FAR is 3, except for lots with an approved FAR bonus. For lots with approved FAR
bonuses, the FAR may be increased up to a maximum of 5.
6. Maximum FAR is 10, except for lots with an approved FAR bonus. For lots with approved FAR
bonuses, the FAR may be increased up to a maximum of 15.
7. Maximum FAR is 2, except for lots with an approved FAR bonus. For lots with approved FAR
bonuses, the FAR may be increased up to a maximum of 3.
8. Additional height is allowed under certain circumstances. See subsection C1d(2)of this section.
9. Open space must comply with standards set forth in subsection 14-2C-4E of this section.
10. Maximum height requirements may be exceeded for projects with an approved transfer of
development rights for increased height according to 14-2A-7, 14-2B-8, or 14-2C-11 "Special
Provisions", of this title.
14
Amend Table 2C-2(b): Dimensional Requirements for the Mixed Use Zone (MU), by
amending the table, as follows:
Table 2C-2(b): Dimensional Requirements For The Mixed Use Zone(MU)7
1 Minimum Lot Requirements Minimum Setbacks Building Bulk
Total Re Total
Area Minimum Side ar Building Front
Zone (Sq. Area/Unit Width Frontage Front (Ft.) (Ft.) Height Coverag Setback
Use Ft.) (Sq.Ft.) (Ft.) (Ft.) (Ft.) (Ft.) e Coverage •
MU Detached 3,00 3,000 30 20 5/156 5+22 20 35 50% 50%
single- 0
family and
detached
zero lot
line
Two-family 3,60 1,800 45 20 5/158 r5+22 220 355 50% 50%
(duplex) 0
•
Attached 1,80 1,800 [20/28 20 5/156 0/103 20 35 50% 50%
single- 0 4
family
Multi- ( 5,00 See 45 20 5/156 5+22 5+2 355. 50% X50%
family I 0 table 2C- 2
2(c)of
this
section
Group 5,00 See chd 45 20 5/156 5+22 5+2 355 1 50% 50%
living 0 pter 4, 2
article
B of this
title
Nonreside Non n/a rNone 20 5/156 5+22 5+2 355 50% n/a
ntial' e I 2
n/a = Not applicable
Notes:
1. Nonresidential uses must comply with the standards listed in this table unless specified otherwise
in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses",
of this title.
2. Minimum side setback is 5 feet for the first 2 stories, plus 2 feet for each additional story. For
detached zero lot line dwellings, see applicable setback regulations in chapter 4, article B of this title.
3. See applicable setback requirements in chapter 4, article B, "Minor Modifications, Variances,
Special Exceptions, And Provisional Uses", of this title.
4. Minimum lot width is 20 feet for attached units on interior lots and 28 feet for end lots in a row of
attached units. When only 2 units are attached, lots must be 28 feet wide.
5. Maximum height is 35 feet. However, if any portion of a two-family use, multi-family use, group
living use, or a nonresidential use is located within 15 feet of a property that contains an existing
single-family use or within 15 feet of a single-family zone boundary, then the portion of the building
located within 15 feet of said property or boundary may not exceed 21/2 stories in height.
6. Minimum principal building setback is 5 feet. Maximum principal building setback is 15 feet. See
15
subsection 14-2C-9D, "Maximum Setback", of this article.
7. Open space must comply with standards set forth in subsection 14-2C-4E of this section.
8. Maximum height requirements may be exceeded for projects with an approved transfer of
development rights for increased height according to 14-2A-7, 14-2B-8, or 14-20-11 "Special
Provisions", of this title.
Amend Table 2C-2(C): Maximum Density Standards for Multi-Family Dwellings in
Commercial Zones, by amending the table, as follows:
Table 2C-2(c): Maximum Density Standards For Multi-Family Dwellings In Commercial Zones
Zone
CO-1, CC-2,
CN-1 And CB-5 And CB-
MU CB-2 I 10
Minimum lot area per unit(in
square feet):
Efficiency or 1-bedroom 2,7252 4352 There is no minimum lot area per
unit unit standard. However,the
number of 3-bedroom units per lot
r2-bedroom unit f 2,7252 (8752 may not exceed 30%of the total
r— — number of units on the lot
3-bedroom unit 2,729 1,3152
Maximum number of 3 3 3
bedrooms per multi-family
dwelling unit
Minimum bedroom ( 100 100 100
size' (square feet)
Note:
1. New bedrooms must be a minimum of 100 square feet in size. However, for purposes of the
provisions within this table, any existing habitable room that is larger than 70 square feet in size with
a horizontal dimension of at least 7 feet, that meets the egress requirements as specified in the
Building Code, and is not a typical shared living space, such as a living room, dining area, kitchen, or
bathroom will be considered a bedroom. Bedrooms that exceed 225 square feet in size or have any
horizontal dimension greater than 16 feet shall count as 2 or more bedrooms, as determined by the
City. The maximum number of bedrooms may be further constrained by the provisions of title 1T
chapter 5, "Housing Code", of this Code.
2. Minimum lot area per unit requirements may be reduced for projects with an approved transfer of
development rights for increased density according to 14-2A-7, 14-2B-8, or 14-2C-11 "Special
Provisions", of this title.
Amend 14-3C-2A, Designated Areas, Buildings, and Structures, by adding a new
paragraph 12, as follows:
12. Transfer of development rights: Transfer of development rights requested according to 14-
2G-7G "Building Height Bonus Provisions", of this title or according to 14-2A-7, 14-2B-8, or 14-
2C-11 "Special Provisions", of this title.
16
Amend 14-3C-3A, Levels of Design Review, paragraph 2, as follows:
2. Level II Review:
a. A level II review will be conducted for the following designated areas, properties, and
structures:
(1) Urban renewal project, Iowa R-14, except for minor exterior alterations, such as
signage, window placement, and color, that do not substantially change the building
concept of the council approved plan. Such minor alterations will be subject to level I
review.
(2) Certain public-private partnership agreements; level of review is pursuant to the
specific development agreement. (Ord. 05-4186, 12-15-2005)
(3) Structures designed with certain building height bonuses allowed pursuant to
subsection 14-2G-7G of this title. (Ord. 14-4586, 6-3-2014)
(4) Transfer of development rights requested according to 14-2G-7G "Building Height
Bonus Provisions", of this title or according to 14-2A-7, 14-2B-8, 14-2C-11 "Special
Provisions", of this title.
b. Applications for level II review will be reviewed by the staff design review committee with
their recommendation forwarded to the city council for approval, modification, or
disapproval according to the procedures for design review contained in chapter 8, article
B, "Administrative Approval Procedures", of this title.
Amend 14-3C-3B, Approval Criteria, by adding paragraph 10, as follows:
10. Transfer of development rights: Design review subject to the design guidelines listed in
subsection C of this section.
Amend 14-2G-7G-3, Historic Preservation Height Transfers, by amending the subsection
as follows:
3. Historic Preservation Height Transfers: The following transfer of development rights and
corresponding height bonus provides an incentive for the preservation and adaptive reuse of
historic properties:
a. Eligibility: The historic preservation height transfer is an option for sites that meet the
following criterion:
(1) The site from which the height transfer is requested (sending site) is designated as
an Iowa City landmark, listed as a contributing structure in an Iowa City historic district,
eligible for landmark designation, registered on the national register of historic places, or
listed as a historically significant building as determined by the survey and evaluation of
the historic and architectural resources for the vicinity.
b. Requirements:
(1) If the sending site has not already been designated as an Iowa City landmark or
listed as a contributing structure in an Iowa City historic district, the applicant must apply
for and obtain approval of this designation as a condition of the transfer of development
rights; and
(2) All historic buildings and structures on the sending site must be preserved against
decay, deterioration, and kept free from structural defects by the owner or such person,
persons, or entities who may have custody or control thereof, according to the provisions
of section 14-3B-7, "Prevention Of Demolition By Neglect", of this title.
c. Transfer Of Development Rights:
(1) The floor area that results from multiplying the number of stories allowed at the
sending site as specified in the applicable subdistrict standards by the acreage of the
17
sending site may be transferred to one or more eligible site(s)within the riverfront
crossings district. For example, if the land being preserved as a historic landmark is
located in the central crossings subdistrict and is twenty thousand (20,000) square feet
in size, then eighty thousand (80,000) square feet of floor area (20,000 x 4) may be
transferred to one or more eligible sites and the resulting building or buildings on the
receiving sites may exceed the height limit of the respective subdistrict, within the limits
established in this section.
(2) The resulting building or buildings on the receiving site(s) may not exceed the
maximums stated within subsection G1d of this section.
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
Appr ed by
ji
Attest: Gzt Pt
City Clerk City Attorney's Office 1(1/s!, r
18
Item Number: 9.
r �, CITY OF IOWA CITY
COUNCIL ACTION REPORT
December 4, 2018
Ordinance Amending Title 1 "Administration", Chapter 5 "City Council",
Section 3 "Compensation" of the City Code to increase the salary and health
insurance benefit of the Mayor and Members of the City Council effective
January 1, 2020. (Pass and Adopt)
Prepared By: Eleanor M. Dilkes, City Attorney
Reviewed By: Geoff Fruin, City Manager
Dennis Bockenstedt, Finance Director
Fiscal Impact: The City's budget for FY 2020 will reflect the increase.
Recommendations: Staff:
Commission: N/A
Attachments: Ordinance
City Manager Memorandum(previously distributed 9/13/18 1 P and 9/27/18 1 P
Mayor memorandum (previously distributed 9/27/18 1 P)
Executive Summary:
At Council's direction at the work session of October 2, 2018, this ordinance will increase the
annual salary of council members and the Mayor to $11,960 and $14,950, respectively, and make
health insurance benefits available to council members at the rate offered to half-time city
employees. In accordance with Iowa law, the changes will be effective January 1, 2020, the
beginning of the term for council members elected at the November of 2019 regular city election.
Background /Analysis:
ATTACHMENTS:
Description
Ordinance
q
Prepared by: Eleanor Dikes, City Attorney,410 E.Washington Street, Iowa City, IA 52240;319-356-5030
ORDINANCE NO. 18-4774
Ordinance Amending Title 1 "Administration", Chapter 5 "City Council",
Section 3 "Compensation" of the City Code to increase the salary and
health insurance benefit of the Mayor and Members of the City Council
effective January 1, 2020
Whereas, the City Council has done a review of Council and Mayor salaries and access to
health care benefits for the 10 largest cities in Iowa, Coralville and North Liberty; and,
Whereas, to be comparable to other cities, Iowa City's salary rates for council members and
mayor should be increased and the City should share in the cost of making health care benefits
available to a council member who choose to enroll as the City does for other permanent half-
time employees;
Whereas, an increase in salary and access to health insurance will make it more feasible for
members of the community to consider serving; and,
Whereas, in accordance with Iowa Code Section 372.13(8) a change in council
compensation becomes effective at the beginning of the term of the council members elected at
the election next following the change in compensation; and,
WHEREAS, it is in the best interest of the City to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY,
IOWA:
SECTION I. AMENDMENTS.
Title 1, entitled "Administration," Chapter 5, entitled "City Council," Section 3, entitled
"Compensation," is amended by adding the underlined text and deleting strike-through text as
follows:
1-5-3: COMPENSATION
A. City Council Members: Effective Members of the city council (with the exception of mayor)
shall be compensated at the rate of seven thousand seventy-two dollars ($7,072.00)
annually effective January 1, 2010. Beginning January 1, 2020, members of the city council
shall be compensated at the rate of eleven thousand nine hundred sixty dollars ($11,960)
annually.
B. Mayor: Compensation for the mayor will be the same rate as a city council member plus one
thousand dollars ($1,000.00) annually. Beginning January 1, 2020, the mayor shall be
compensated at the rate of fourteen thousand nine hundred fifty dollars ($14,950) annually.
C Adjustment: Staff will adjust city council compensation based on an annual adjustment for
inflation. The annual adjustment for inflation will be equivalent to the cumulative annual
percent change in the consumer price index (CPI) - all urban consumers (CPI-U), Midwest
region, all items, using the third quarter ending September 30 of the prior year and
September 30 of the current year. The calculated amount will be included in the annual
budget for review by the city council in each regular election year in accordance with state
code.
Ordinance No. 18-4774
Page 2
D. Health Insurance: Beginning January 1, 2004, health insurance shall be available to a
council member on such terms and conditions as health insurance is available to city
employees, except that a city council member's participation in the city's group health
insurance plan shall be at the council member's own expense and at no cost to the city.
Beginning January 1, 2020 health insurance shall be available to a council member on such
terms and conditions as health insurance is available to half-time permanent city
employees.
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 not 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 4th
4th day of December , 2018.
Ma r
L.
Attest:
City Clerk
oved .
/o- z?-1P
City Attorney's Office
Ordinance No. 18-4774
Page 3
It was moved by Cole and seconded by Teague that the
Ordinance as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Cole
x Mims
x Salih
x Taylor
X Teague
x Thomas
X Throgmorton
First Consideration 11/06/2018
Vote for passage: AYES: Taylor, Teague, Thomas, Throgmorton,
Cole, Mims. NAYS: Salih. ABSENT: None.
Second Consideration 11/20/18
Vote for passage: AYES: Thomas, Throgmorton, Cole, Taylor, Teague.
NAYS: Mims, Salih. ABSENT: None.
Date published 12/13/2018