HomeMy WebLinkAboutA044 - Council Action Form dated December 8, 2015 ITEM # 29
DATE: 12-08-15
COUNCIL ACTION FORM
SUBJECT: AMENDMENTS TO CAMPUSTOWN URBAN REVITALIZATION PLAN
CRITERIA
BACKGROUND:
City Council reviewed potential changes to the Campustown Urban Revitalization Plan
Criteria on both June 9, 2015 and September 8, 2015. City Cour,cil directed staff to
include amendments to the URA Criteria that addressed the following issues:
1. Require Non-Formula Retail uses on a sliding scale of the total commercial
square footage of a project.
2. Define Non-Formula Retail as a business with 10 or less operating businesses at
the time of the request for tax abatement and that it does not have the
characteristics of formula retail with common elements of appearance and
services.
3. Require that Non-Formula Retail tenants occupy commercial space prior to
granting tax abatement approval, or with an alternative schedule approved by the
City Council.
4. Change the option for Adaptive Reuse from buildings built prior to 1941 to any
building that is at least 50 years in age.
5. Add criterion for design standards to limit driveways and drive-throughs.
6. Add criterion for architectural variation,and interest.
7. Modify the sign program criterion to provide more clarity on its objective.
8. Clarify fixed windows does not allow for tamper proof windows.
9. Modify lighting standards to allow for LED lighting equivalent to metal halide.
Staff has also added minor changes to clarify that a small production facility (brewery) is
an allowed use on the ground floor of a mixed-use building as is permitted with the CSC
zoning and that front facade means all front facades of a corner building.
The proposed criteria matrix for the Campustown Urban Revitalization Plan is
Attachment A. In further detailing out the requirements for Non-Formula Retail it is
important to review the appendix of Attachment A. Notably, staff has clarified how
to administer the occupancy requirement. Under the staff's recommendation,
Occupancy of Non-Formula Retail space will be required at the time of initial
approval of tax abatement, but to be clear, that space will not be required to be
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continuously occupied during the life of tax abatement. This covers two scenarios
that could arise over a 10-year tax abatement. One being the business grows after
it is initially located in Campustown and exceeds the 10 location limit. Secondly,
it addresses a circumstance that a business may fail and that the space could be
vacant while searching for a new tenant. However, only a new Non-Formula Retail
tenant could then occupy the required space reserved for Non-Formula Retail.
(See Attachment A, paragraph 5)
The appendix also clarifies that to be eligible for tax abatement, that a project must be in
compliance with a site development plan, have building occupancy, and maintain
required features for the life of the tax abatement. An application for final tax abatement
approval must include documentation from the property owner in support of a finding of
compliance with the criteria.
ALTERNATIVES
1. City Council may adopt a resolution to amend the Campustown Urban Revitalization
Plan with the criteria included in Attachment A.
2. City Council may direct staff to make different changes to the proposed Urban
Revitalization Plan criteria or to the date of implementation.
This alternative could be supported if the City Council does not want to apply the
Campustown Urban Revitalization Plan amendments to projects that are currently
under construction. Currently, only the Edge project at 2311 Chamberlain is under
construction in this Urban Revitalization Area.
MANAGER'S RECOMMENDED ACTION:
Council previously gave staff direction on drafting amendments to the criteria and asked
staff to bring these amendments back for Council approval once the 2320 Lincoln Way
project had resolved its status for tax abatement eligibility. The 2320 Lincoln Way project
is a separate item on this same agenda and the property owner now seeks the project's
final approval for tax abatement. If Council grants final approval of the 2320 Lincoln Way
project, it would be exempt from the proposed amendments. All projects seeking final
tax abatement approval after December 8t" would be subject to any amendments
approved by Council.
Staff believes that the amendments shown in Attachment A encompass all of Council's
previous direction regarding non-formula retail, adaptive reuse, architectural standards,
driveway limitations, signage, windows, and lighting. Staff has also included an appendix
to the criteria matrix to help define the City's standards and expectations for compliance
with the criteria.
Council gave permission to staff to write additional design language into the criteria to
ensure that there is architectural variation and interest that exceed the minimum brick
material requirements within the criteria. However, because of the inherent level of
discretion implied through guidelines and the need for certainty by developers, staff
believes that the new standards for architecture and driveways may necessitate that
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applicants more frequently seek pre-approval of their projects by Council and not just
rely upon staff approval of site plans to meet the criteria. The alternative to having the
standards in the Plan's criteria would be to include them as part of the zoning standards
for site development plan review by staff. If the guidelines and driveway limits were in
the zoning standards, then Council would not review the design as part of a project's
Urban Revitalization Plan consistency determination.
The most difficult element of the proposed amendments has been the language
regarding occupancy of the non-formula retail spaces prior to receiving tax abatement.
Staff has received verbal comments from two Campustown developers that expressed
some concern about finding qualifying tenants on the schedule required to receive tax
abatement. The final language does allow for Council to approve an alternative schedule
for tenancy, but there is still risk in the eyes of developers on approval of an alternative
schedule.
Therefore, it is the recommendation of the City Manager that the City Council
approve Alternative #1 thereby adopting the amendment to the Campustown
Urban Revitalization Plan with the criteria included in Attachment A.
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