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HomeMy WebLinkAbout12-11-2002 Board of Adjustment AGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, DECEMBER 11,2002 - 5:00 PM EMMA J. HARVAT HALL, CIVIC CENTER A. Call to Order B. Roll Call C. Consider the November 13, 2002 Board Minutes D. Special Exceptions 1. EXC02-00022- Public hearing regarding an application submitted by David Thompson for a special exception (EXC02-00022) to allow dwelling units above the ground floor of a commercial use in a Community Commercial (CC-2) zone at 1120 North Dodge Street. 2. E×C02-00023- Public hearing regarding an application submitted by Hawkeye Investments for a special exception (EXC02-00023) to allow a restaurant in a Commercial Office (CO-1) zone at 1901 Broadway Street. E. Other F. Board of Adjustment Information G. Adjourn NEXT BOARD OF ADJUSTMENT MEETING --January 8, 2003 agenda 2002.12.11 STAFF REPORT To: Board of Adjustment Prepared by: John Adam Item: EX002-00022, II 20 N. Dodge St. Date: 11 December 2002 GENERAL INFORMATION: Applicant: David C. Thompson 827 Brown Street Iowa City, Iowa 52245 Ph. 338-8713 Contact person: Same as applicant. Requested Action: Special Exception to allow dwelling units above a commercial use in a Community Commercial (CC- 2) zone. Purpose: To allow a second-floor dwelling unit in a mixed- use structure. Location: The southwest corner of N. Dodge and St. Matthais Alley, across from Robert's Dairy and Hilltop Sinclair. Size: 13,500 square feet. Existing Land Use and Zoning: Office and Residential, CC-2. Surrounding Land Use and Zoning: North: Commercial Dairy Processing, CC-2 South: Cemetery, RM-12 East: Cemetery, RM-12 and CC-2 West: Single-family residential, CC-2 Applicable code sections: 14-6W-2B, Special Exception Review Requirements; 14-6E-5D-4, Dwellings located above or below the ground floor of another principal use. File Date: 14 November 2002 BACKGROUND INFORMATION: The applicant wishes to expand the dwelling space on the second story of what was formerly a ~ingle-family house with frontage on North Dodge Street. The house currently contains office space on the ground floor and a dwelling unit on the second floor. Expansion of the dwelling unit requires that the owner obtain a special exception to bring the use into compliance with the Zoning Code; in the CC-2 zone, dwelling units above or below a principal ground-floor use are permitted only by special exception. The applicant commenced construction before obtaining site plan approval, but has discontinued construction because of a Stop-Work Order issued by Housing & Inspection Services. Approval of the applicant's minor site plan is pending Board approval of the special exception. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the regulations of the CC-2 zone, including the general standards for special exceptions as set forth in Section 14-6W-2B, and the specific requirements for dwelling units in the zone set forth in Section 16-6E-5. Specific Standards: 14-6E-5, Requirements for Dwelling Units in the CC-2 zone The requirements for dwelling units in the Community Commercial zone state that the density of dwelling units in this zone may not exceed one dwelling unit per 1,800 square feet of lot area and the density may not exceed three (3) roomers per dwelling unit. The applicant is proposing to build two one-bedroom dwelling units above the first floor. The lot area is 13,500 square feet. The proposed exception complies with the specific standards. General Standards: 14-6W-2B, Special Exception Review Requirements · I. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. In examining the proposed use, staff considered the possible impact of increasing the floor area of an existing apartment and determined that the change will not be substantial. The initial application was for the expansion of a single two-bedroom unit; the amended application is for the construction of two one-bedroom units with a resultant extension of the building's footprint southward. The dwelling units will be confined to the second floor and the first-story extension will be for the office use. The only substantive change to the property will be the addition of a parking lot near the frontage on the west side of the building and mitigation of its effects are dealt with below. 2. and 3. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood and Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. Because the proposed parking lot introduces a lot of paving into the front yard and will substantially change the character of the property, staff feels that the value and integrity of the neighboring property should be protected as well. The property owner has indicated on the site plan that landscaping will be provided along the west property line; staff recommends including its provision as a condition of approval. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The existing structure is served by utilities. The property has access to North Dodge available via St. Matthais Alley. Existing drainage ways should not be affected by the addition of a small parking area. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The applicant will likely make use of St. Matthais ^lley, which is adjacent to the east side of the property, for both customer and tenant parking access. The alley is also used by St. Joseph's Cemetery maintenance. The site plan submitted by the applicant shows a driveway opening onto Iq. Dodge: the provision of a curb cut is being reviewed by Public Works and the State Department of Transportation. Since the criteria used for granting curb cuts are not contained in the 7oning Ordinance, the Board is not the appellate body for reviewing the feasibility of a curb cut permit. In the event that the curb cut permit is not approved, staff has prepared a rough plan showing the location of the parking lot edge relative to the lot lines, street and structure as it might be with access off the alley and with staffs recommendations in place. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. The residential tree planting requirements contained in 14-6R-8 would necessitate planting two new trees in the yard. This is requirement is triggered by an expansion that increases overall floor area by more than 10 percent. The applicant has indicated an intention to plant a new tree at the southwest corner of the parking lot. An existing tree stands between the house and St. Matthais Alley. If it is retained and a new tree at the southwest corner of the parking area is provided, the requirements of 14-6R-8 will be satisfied. Right-of-way trees will also be required: either two (2) large trees or three (3) small trees along the N. Dodge frontage. The final determination will be made at the time of final site plan review and will take into account the upcoming improvements in the North Dodge Corridor. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The North District Plan advocates street design that encourages pedestrian activity and enhanced landscaping in entrance corridors to the City. The Plan further supports the creation of attractive development at the entryways to the City as these are the areas that make first impressions on visitors. Staff recommends that a row of shrubs, spaced four feet on center in a five-foot-wide area in front of the new parking lot, reaching a mature height of no less than three feet, and set behind (i.e., south of) the I 0-foot-wide future temporary construction easement and permanent utility easement along North Dodge, should be provided to soften the effects of the new parking lot. When North Dodge Street is widened there will be less buffer than there is now, less distance between the edge of the parking area and the edges of the sidewalk and street. The applicant's site plan shows a parking space in front of the porch; once Dodge Street is improved, the space will have to be moved because it will no longer comply with the minimum five-foot spacing and landscaping requirement (14-5H-5K) between sidewalks and parking areas. Rather than approve a site plan that will make the parking lot nonconforming, staff reiterates its recommendation that the parking be allowed no closer than five feet from the southern edge of the construction easement. This will maintain compliance and provide protection for shrub plantings whether or not a curb cut onto North Dodge is established and retained by the applicant. Use of this property for dwelling units seems appropriate and consistent with the Comprehensive Plan provided the conditions for expansion are met. . STAFF RECOMMENDATION: Staff recommends that EXC02-00022, an application for a special exception to allow two dwelling units above the ground floor of a principal use in the Community Commercial zone be approved subject to the provision of landscaping On the west property line along the parking lot, the provision of a five-foot-wide area planted with shrubs spaced no less than four feet on center and attaining a mature height of no less than three feet between the parking lot and the 10-foot-wide permanent utility easement, and the planting of at least one more tree in the vicinity of the south side of the new paving, provided the existing tree off the northeast corner of the building is retained, otherwise to be replaced by another tree in the yard. ATTACHMENTS: I. Location map 2. Proposed Site Plan 3. Example layout including staff's recommendations Approved by: /. Robert Miklo, Sen~or Planner, Department of Planning and Community Development 0 0 0 I 0 × SWlH~W~ .~ ] LLJ I,I q3V %& N3!AI3qO IS --\ North f Minor site- ~,~ I-..;( //~..~-;;z/x,.~0~ plan Scale 1/16" = 1'- 0" a~o~ In~ate dlre~n ~f ~tar drayage N ~dge St ~y A~LICA~T I~ Monume~ s~e sign ...... ~emafive ~ ' monume~ .~ ~/ .w~ ~"f~ ' ~/ . ' 20 N ~ge ~d~g foo~ ~/~ ~ ~ ~ ~avel park~g u~ed by )a~ tenant STAFF REPORT To: Board of Adjustment Prepared by: John Adam Item: EXC02-00023, 1901 Broadway St. Date: II December 2002 GENERAL INFORMATION: Applicant: Hawkeye Investments 913 22nd Avenue, Coralville, Iowa 52241 Ph. 353-4488 Contact person: Duane Musser, MMS Consultants, Inc. 1917 S. Gilbert St. Iowa City, Iowa 52240 Ph. 351-8282 Requested Action: Special Exception to allow a restaurant in the Commercial Office (CO-I) zone. Purpose: To allow a mixed-use development with a restaurant use on the ground floor and dwelling units above. Location: The southwest corner of the intersection of Broadway Street and Highway 6 East. Size: 1.25 acres. Existing Land Use and Zoning: Undeveloped, CO-I. Surrounding Land Use and Zoning: North: Residential, RS-5 South: Commercial retail, CC-2 East: Office, CO-I West: Commercial retail, CC-2 Applicable code sections: 14-6E-ID, Commercial Office zone special exceptions; 14-6W-2B File Date: 14 November 2002 BACKGROUND INFORMATION: This property contained the Colonial Park office building until it burned in 2000. The land has sat vacant since then. The applicant is seeking this special exception on behalf of a buyer who wishes to construct a mixed-use building with a commercial use specifically, a restaurant--on the ground floor and dwelling units on the floor above. ANALYSIS: The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare, to conserve and protect the value of property throughout the City, and to encourage the most appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of property in a manner that does not intrude upon adjacent property. The Board may grant the requested special exception if the requested action is found to be in accordance with the regulations of the CO-I zone and the general standards for special exceptions as set forth in Section 14-6W-2B. The actual location of the restaurant in one of the four commercial/office spaces is unknown at this time, but the recommendations detailed in the following report take into account its presence on the property and in relation to the dwelling units on the second floor. Approval will allow the applicant to place a restaurant in any one of the leasable portions of the ground floor of the proposed building. General Standards: 14-6W-2B, Special Exception Review Requirements I. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The proposed use will be a fast-food restaurant, likely a submarine sandwich shop. If the type of restaurant changes, which may happen anytime after the granting of a special exception, a new restaurant use may produce offensive wastes--such as grease--that could be a nuisance to other tenants. If this were only a commercial development with identifiable front and back sides the issue of waste disposal would not be important. However, since the service entrances of the commercial units and the entry doors to the dwelling units occupy the same side of the building, the nuisance issue should be addressed. Staff recommends that dumpsters shall be located no closer than 50 feet to any window of any habitable or leasable structure on the subject property or neighboring property. 2. and 3. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood and Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. Aside from the traffic and access issues, staff feels the development and proposed exception would be an improvement to the neighborhood, would inject new life into the shopping center area, and thus not diminish or impair surrounding property values, nor impede normal and orderly development or improvement. The proposed exception should work well with the permitted uses of the zone if the potential negative externalities associated with food preparation and disposal of waste are addressed as detailed above. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Access to the property has been much enhanced since the completion of the Highway 6 Trail a few months ago. The South District Plan called for the creation of the trail as well as its integration with new commercial development to provide linkages between this area and other parts of the city as the trail system expands. People who wish to use the trail and have need to cross this property would be safer if separated from vehicular traffic by well-demarcated pedestrian walkways. Staff recommends that a standard 4-foot-wide sidewalk be provided along Broadway Street and that appropriate connections from that sidewalk and the Highway 6 Trail are made to the proposed structure. The site plan includes 14 parking spaces beyond the number required by 14-6N, so a number of spaces could be used for pedestrian connections and still allow excess parking for this development. Staff has included a sketch showing how a connection to the trail can be achieved. Staff recommends that this trail connection be a condition of approval. The site is served by public utilities. Drainage will likely not be an issue since the proposed amounts of impermeable surface are nearly identical to what existed here previously. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. The existing curb cut, which was used by Colonial Park office building as an entrance to its front parking lot, is roughly only fifty feet south of the Broadway and Highway 6 intersection. This kind of proximity creates traffic conflict points near the highway intersection; standard traffic engineering and planning practice has been to recommend a minimum distance of 150 feet between drives and intersections. Also, fast-food restaurants tend to generate rapid-turnover traffic. In consideration of minimizing traffic congestion, staff recommends that the existing curb cut near the northeast corner of the property be closed and that no new curb cuts be established closer than 100 feet from the northeast corner of the lot, which is approximately equal to 150 feet (plus or minus 5 feet) from the stop-bar on the edge of the highway, but is an inarguable and easily identifiable point of reference. Another access management principle recommends that opposing driveways should be across from one another with minimal offset, or should otherwise be offset by at least 125 feet. The premise underlying this principle is that visual contact between drivers exiting opposing driveways plays an important role in avoiding accidents. A large offset gives a driver time to see traffic coming toward them. A slight offset eliminates visual contact and reduces the time in which an exiting driver can perceive the movements of an opposing exiting driver. The attached drawing illustrates this principle. Staff has discussed this issue with the applicant, who has been working on reconfiguring the drive to better align with the opposing driveway at 1902 Broadway Street. It should be resolved by the time of the Board hearing. 6. Except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone in which it is to be located. The proposed use appears to comply with dimensional and other standards of the CO-I zone. Provision of right-of-way trees and parking lot trees are not indicated on the site plan as offered, but they will be required at the rate of one tree per 60 feet of frontage, which works out to eight trees, at the time of site plan review. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The South District Plan indicates that this area is suitable for general commercial purposes. Mixed use development is also supported by the Comprehensive Plan. The requested special exception falls into that category and the applicant has submitted an attractive building plan using durable materials like brick around the whole structure and cement-board siding. Planning principles contained in the South District Plan also recommend connecting significant traffic generators such as this development to the trail system, which is becoming an increasingly integral part of the transportation system. Staff feels the mixed-use development and the building design proposed by the applicant will be an asset to the commercial area along Highway 6 East. Staff examination of the impacts that could result from proximity of a restaurant to other uses permitted in the CO-I zone, and traffic issues resulting from a restaurant's presence, resulted in the recommendations made in this report. The emphasis in the South District Plan on the importance of trail connections also guided staff recommendations in that regard. STAFF RECOMMENDATION: Staff recommends that EXC02-00023, an application for a special exception to establish a restaurant in a Commercial Office zone at 1901 Broadway Street be approved subject to the following conditions: I. General conformance with the building and site plan submitted by the applicant; 2. dumpsters shall be located no closer than 50 feet to any window of any habitable or leasable structure on the subject property or neighboring property; 3. the northeast curb cut and driveway shall be closed; 4. no new driveways shall be permitted closer than 100 feet to the northeast property corner; 5. the new curb cut and driveway shall be located so there is a roughly 50-percent overlap (see attached Opposing Driveways illustration) between it and the opposing driveway at 1902 Broadway Street; and 6. a standard 4-foot-wide sidewalk shall be provided along Broadway Street with appropriate connections both from that sidewalk and from the Highway 6 Trail to the proposed ATTACHMENTS: I. Location map 2. Proposed Site Plan 3. Opposing Driveway illustration Robert Miklo, Senior Planner, Department of Planning and Community Development KRISTIAN ~ O O ±S SIA~'G 3AI~G UOqA'~± ~ ho Q:::2 i' · . = E E i Opposing Driveways illustration Directlyopposing driveways 50 percent overlap between opposing driveways 0 ! ) MINUTES IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, NOVEMBER 13, 2002 - 5:00 P.M. CIVIC CENTER - COUNCIL CHAMBERS MEMBERS PRESENT: Mike Paul, Dennis Keitel, Vince Maurer, Eric Gidal, T.J. Brandt MEMBERS ABSENT: None STAFF PRESENT: John Adam, Sarah Holecek OTHERS PRESENT: Gerry Ambrose, Greg McDonald, Keith Gerling CALL TO ORDER: Chairperson Brandt called the meeting to order at 5:02 P.M. ROLL CALL: Maurer, Keitel, Brandt, Gidal, Paul present. CONSIDERATION OF THE SEPTEMBER 11,2002 BOARD MINUTES: Motion: Paul moved to approve the September 11, 2002 minutes. Gidal seconded. Motion carried 5-0. SPECIAL EXCEPTIONS: EXC02-00019. Public hearing regarding an application submitted by Gerry Ambrose for a special exception to allow a drive-through lane and window for a redevelopment project in a Community Commercial (CC-2) zone at 1601 South First Avenue. Adam stated that the applicant is redeveloping existing parking at the former Plamor Lanes. He said that one of the proposed uses would be a dry-cleaner on the west end, which would have a drive through window. He said that the special exception is required, as this is an auto- and truck-oriented use in a CC- 2 zone. He said that the Board would consider possible effects the proposed use may have on surrounding traffic, as well as how the drive-up impacts internal circulation on the lot. Adam corrected the record to state that since the time the application was made, the Engineering Department has assigned permanent addresses for this property, to be 1621, 1641, 1661 and 1681 S. First Avenue. Adam stated that the proposed group of uses are not unusual to the area. He said that the auto-oriented use will be well screened and located behind the buildings. He said that staff has considered pedestrian traffic in assessment of this development, and has spoken to the architect about providing a pedestrian connection to the building. He said that a revised plan, connecting this to the pedestrian access ramp that was in front of the building, was provided to staff late today, and he provided that to the Board. Adam stated that the development will replace a large parking lot, forming a more continuous, urban line along First Avenue and will not diminish property values in any way. He said that staff does not feel this will impede development of surrounding properties. He said the applicant and the neighboring property owner have signed a utility and shared access easement agreement. He said that the west curb cut is existing and is used as egress only from 1705 First Avenue currently. He said the agreement states that sharing access will improve circulation between the two properties. Adam said that, in staff's view, this only works if a two-way flow is possible between the two properties. He said that after some discussion with the applicant, he was able to speak with the neighboring property owner and a verbal agreement was made to re-stripe the parking lot so two-way traffic is possible for 1705 S. First Avenue. He said he is expecting an agreement in writing from Dave Cahill, the neighboring property owner. Iowa City Board of Adjustment Minutes November 13, 2002 Page 2 Adam said that staff has concerns that queuing problem could arise at the western driveway because it would be emptying 1705 First Avenue as well as this proposed development. He said it will also be the natural route for the drive-through. He said that staff has suggested to the architect that driveway be expanded to 32' to allow two lanes exiting, one with a dedicated right-hand turn lane and the other with a dedicated left-hand turn lane, and one lane for ingress to the property. He said that this change was included on the new site plan provided to the Board. Adam said that traffic counts at Varsity Cleaners, who have a drive-up window. He said the numbers were not large, averaging to about one car every six minutes. He said staff is satisfied that with the current orientation there would not be a large problem with stacking. Adam said that except for the specific regulations applicable to the special exception, the proposed development does conform to the requirements of the zone, including parking, landscape and dimensional requirements. He said the proposed use will be consistent with the Comprehensive Plan in that it supports commercial development. He said the applicant has done a fairly good job of providing landscaping, pedestrian amenities and so forth. Adam said that staff recommends that EXC02-00019, an application for a special exception to establish an auto- and truck-oriented use in a Community Commercial (CC-2) zone be approved on condition that the parking lot on the neighboring property at 1705 S. First Avenue is re-striped to allow two-way traffic flow prior to the issuance of an occupancy permit for the proposed development; that a pedestrian connection between the sidewalk and the proposed structure is provided; and that the western driveway is widened to contain painted, right-turn only and left-turn only exit lanes if so doing can be accomplished while still meeting their tree requirements and having the pedestrian connection mentioned above. He clarified that since the applicant has demonstrated that can be provided, the last clause starting "if doing so" can be deleted. In response to a question from Gidal, Adam said that he had looked at the site plan and spoke with staff in Housing Inspection Services, and that the property at 1705 First Avenue has a 22-1/2 feet aisle, with 60" parking that is angled. He said that with a 22-1/2 feet aisle between them, they would be able to reorient the half against the building in the other direction to allow two-way traffic. In response to a question from Brandt, Adam stated that the parking proposed along the old Plamor property will be shared parking, which was accounted for during site plan review. Public Hearing Opened Gerry Ambrose identified himself as the applicant and presented himself for questions. In response to a question from Maurer, Ambrose said that the proposed project is almost directly across from the Eastdale Plaza entrance. Public Hearinq Closed Motion: Keitel moved to approve EXC02-00019, an application for a special exception to establish an auto- and truck-oriented use in a Community Commercial (CC-2) zone at 1621 - 1641 - 1661 - 1681 South First Avenue, subject to the following conditions: 1) that the parking lot on the neighboring property at 1705 S. First Avenue is re-striped to allow two-way traffic flow prior to the issuance of an occupancy permit for the proposed development; 2) that a pedestrian connection between the sidewalk and the proposed structure is provided; and 3) that the western driveway is widened to contain painted, right-turn only and left-turn only exit lanes. The motion was seconded by Paul. Findings of Fact Paul said he would vote in favor of this application. He reiterated that Mr. Ambrose has met the general standards for special exception review requirements as stated by staff. He stated it won't be detrimental or endanger the public health, safety, comfort or general welfare; will not be injurious to the use and enjoyment of other property; will not substantially diminish or impair property values in the neighborhood; and will not impede the normal and orderly development of surrounding properties. He said there are Iowa City Board of Adjustment Minutes November 13, 2002 Page 3 adequate utilities, access roads, drainage, and so forth, and adequate measures have been taken to provide ingress and egress and to minimize traffic congestion on the streets. He said this application conforms to the applicable regulations or standards of the zone in which it is located and it is consistent with the Comprehensive Plan. Paul congratulated Mr. Ambrose in taking another step forward on the southeast side and feels it should be a great addition. Maurer said he would vote in favor for the reasons stated by his colleague. Keitel said he would vote in favor. In response to a question from Keitel, Holecek confirmed that the special exception is not use-specific and will run with the land. Gidal stated he would vote to approve for all the stated reasons. Brandt said he would vote in favor for the previously provided. The motion passed on a vote of $-0. EXC02-00020. Public hearing regarding an application submitted by Greg McDonald for a special exception to reduce the required front yard setback and to allow dwelling units above the ground floor of an office/retail use for a redevelopment project in a Community Commercial (CC-2) zone at 230 Kirkwood Avenue. Adam said that the corner at Gilbert & Kirkwood has long been occupied by a small building in the midst of a large parking lot. He said the owner has offices across the street and wishes to build a new facility containing offices with dwelling units above. Adam said there are two special exceptions to consider in this case: 1) the reduction of setback along Gilbert Street and Kirkwood Avenue; 2) the addition of dwelling units above the ground floor of a commercial use in a Community Commercial zone. Adam stated that this application meets the general standards. He said that, of the two special exception requests, the only one that might be worrisome would be the setback reduction. He said that staff does not feel that is a cause for concern in this case. He said there are similar setbacks, as well as smaller setbacks, in the downtown area; this type of urban redevelopment pattern is favored by staff to increase density in an area where more housing closer to campus is favored. Adam said that surrounding properties allow a mix of uses by special exception, similar to what the applicant is requesting, and the permitted uses in the other zones or surrounding zone do not produce negative externalities that might lead to possible conflicts between the proposed use and any future development in the area. Adam said that staff has worked with the applicant to correct a few minor deficiencies that were perceived in the site plan, and staff is satisfied that the proposal now conforms to the requirements of the zone. Adam stated that the Comprehensive Plan calls out consideration of compatibility of less intense uses such as dwelling units above a commercial use in this type of zone. He said this area is not the most beautiful, but it is slowly redeveloping. He said staff feels this proposal is another step in that direction, giving a more urban feel, creating a market base to demand different types of uses in the development of this area. Adam said that the specific standard of density of dwelling units has been met. He said this development is not being overwhelmed by the housing aspect of it. Adam stated that the unique situation here is that a few years ago the frontage on Gilbert Street was reduced by 10' in anticipation of a future need to widen Gilbert Street. He said that effectively moved the setback to 30' from what it had been before. He stated that if the applicant had developed the property before that, this exception would not have been necessary. Adam said that, at staff's suggestion, a sidewalk along the north side of the building was added and some parking reconfigured to increase the Iowa City Board of Adjustment Minutes November 13, 2002 Page 4 number of full size spaces and to create space for required parking lot trees. He said that the building would need to be moved 6' into the Kirkwood Avenue setback to accommodate this. He said that the Board has the old site plan that does not show these improvements, and showed what the shif[ would look like on the overhead. Adam said that the reduction along the Gilbert St. frontage would be 3', or 15% of the required 20' setback; along Kirkwood the reduction would be 6' or 30% of the required 20' setback. He said that staff does not feel these are substantial as to be dangerous to traffic or pedestrians. He said this is a controlled intersections. He stated the building across the street is right along the right-of-way line, which is not ideal in this case. He said that with the proposed development there is substantial setback remaining. Adam referred to the staff report, wherein he stated that the capital improvements program project for the widening of Gilbert is unfunded. He said that he had been told that in 3-5 years this may be funded; however, the director has advised him that may be an ambitious estimate at this time. He said when the time comes the City may wish to obtain more right-of-way along Gilbert Street. He stated that last time this was up before Council, they voted to take the right-of-way from the other side of Gilbert Street. Adam stated that providing enough parking was one of the factors in the layout of this development, and that was brought about by the reduction of setbacks a number of years ago. Staff feels that, more importantly, this will create a more urban feel for this corner, defining the edge. He said that parking is more or less hidden due to the public face of the building facing Gilbert Street. Adam sated that staff recommends that EXC02-00020, an application for a special exception to allow dwelling units above a ground floor principal use and a special exception to reduce the required front setback for property in a Community Commercial Zone at 230 Kirkwood Avenue be approved. In response to a question from Keitel, Adam stated there will still be a sidewalk along the south side of the building. Public Hearing Opened Greg McDonald identified himself as the applicant, and offered to answer questions. Public Hearinq Closed Motion: Keitel moved to approve EXC02-00020, an application for a special exception to allow dwelling units above the ground floor principal use and to reduce the required front setback for property in a Community Commercial zone at 230 Kirkwood Avenue, clarifying that this is reduction on both Gilbert Street frontage and Kirkwood Avenue frontage, in accordance with the revised site plan. The motion was seconded by Gidal. Findings of Fact Keitel stated he would vote in favor of the application. He said that precedence has been set with buildings in the vicinity being closer to the street, and this will not be as close to the street as Aero Rental. He feels it will be a great improvement to the intersection. Maurer stated he would vote in favor of the application. Gidal stated he would vote to approve. He said the general standards and specific standards all seem to be met. He said the proposed development is at the maximum density allowed and below the maximum number of roomers allowed. He said that in terms of specific standard 14-SQ-4B, it is clear that this is a unique situation; there doesn't seem to be any detriment to the intersection in terms of allowing the setbacks. He said he also feels this is a definite improvement to that particular intersection. Brandt stated he would vote in favor of the exception. He said he feels this will be a definite improvement to the neighborhood and the intersection. Paul said he would vote in favor of the application. He said that the general standards have been met in terms of the public health, safety, comfort and general welfare, .as well as the use and enjoyment of the Iowa City Board of Adjustment Minutes November 13, 2002 Page 5 property. He said it will not substantially diminish or impair the values in the neighborhood and it won't impede normal and orderly development of the surrounding properties. He said that utilities, roads, drainage and infrastructure issues have been addressed, as well as ingress and egress. He said it also conforms to the standards and regulations of the zone in which it is located, and it is consistent with the Comprehensive Plan. The motion passed on a vote of 5-0. EXC02-00021. Public hearing regarding an application submitted by Iowa City Family Moose Center for a special exception to allow the addition of camping facilities to an existing club in a Medium-Density Multi- Family (RM-20) zone at 3151 Highway 6 East. Keitel stated that he is a member of the Moose Lodge and recused himself from deliberation. Adam stated that the Moose was granted a special exception in 1997 to locate a clubhouse and outdoor recreation facilities in the Medium-Density Multi-Family zone with frontage along Highway 6. He said they now request the addition of four recreational vehicle pads for Moose Lodge members who stop over in Iowa City on their ways to and from other locations. He said that the Moose Lodge has been providing this service on an ad hoc basis, which Moose Lodges across the country routinely do. He said that formalizing this service requires the approval of the Board of Adjustment because it is an expansion of the club. He said that the RV facilities shall be for the sole use of Moose members. Adam said that staff regards this facility as a private recreational use, but there are no particular regulations pertaining to recreational vehicles. He said that, lacking that guidance; staff has examined what steps should be taken to mitigate any possible negative externalities, and have come up with some possible recommendations to the Board. Adam said that since each RV pad will be equipped with its own water, sewer and electricity hookups and the primary concern with exposed sewer dumps is the possibility of contamination with foreign objects or materials, staff recommends that the sewage dumps be capped and locked when not in use and that all utility hookups are inspected and 'approved by the City. In addition, Adam said that the applicant would like to pave the RV pads on a five year phased basis. He said that the statement requesting that phasing-in is attached to the staff report. Adam said that staff recommends the applicant make use of only what has been paved - in the first year it would be one RV pad; in the second year, two pads, and so forth. He said that the applicant had advised him that should not be a problem because they generally only have one person, sometimes two, staying at a time. Adam said that if general lighting is provided for each or all pads, staff feels the impact on surrounding properties should be regulated. Therefore, staff feels they should be no more than 10' in height and shall otherwise conform with the illumination standards pertaining to light trespass on the neighboring residential properties. Adam said that RVs have generators, which have a tendency to be loud. He said that staff recommends that the Moose Lodge not allow any generators to be operated after 10:00 p.m. on any night. Adam said that the Saddlebrook development is constructing new 12-plex buildings directly adjacent to the Moose property. He said that a parking lot will be next to the proposed site of the RV camping area, and the camping area would be well within sight of the 12-plexes. He said that since the visual impact of RVs is greater than that of most vehicles, buffering commensurate with the parking lot screening is advised. He said that when the original special exception was granted, screening was provided to screen the parking area. He said it is mostly pyramidal arbor vitae, about five in a row broken up by trees and continuing on. He said this was a fairly thick and attractive-screen for the parking lot. He said that staff recommends therefore that the applicant plant a screen along the 180' adjacent to the RV pads, as measured from the south side of the Iris garden as shown on the site plan, and that it closely follow the pattern established along the parking lot edge already existing. Adam said all adequate utilities will be provided, and in staff's opinion, the addition of more impermeable surface will not create a very large impact. He said that adequate measures have been taken to provide ingress and egress. He said the additional traffic will be minimal at best. He said that the proposed Iowa City Board of Adjustment Minutes November 13, 2002 Page 6 exception conforms to the dimension requirements of the zone, and the proposed use conforms to the general provisions for the zone, including its definition as an accessory use. Adam said that staff recommends that EXC02-00021, an application for a special exception for the expansion of an existing club in a Medium-Density Multi-Family (RM-20) zone be approved subject to the following conditions: 1. Sewage dumps shall be capped and locked when not in use and that all utilities hook-ups are to be inspected and approved by the City; 2. The applicant may pave pads and drive at whatever rate they are able to, but shall make use of only those pads that are paved; 3. If general lighting is provided for each or all pads, the lights shall be no more than ten (10') in height and shall otherwise conform with the illumination standards contained in 14-6S-8D, pertaining to light trespass onto neighboring residential properties; 4. Recreational vehicles shall not be allowed to operate generators after 10 P.M. on any night; and 5. The applicant shall provide a solid planting screen along the 180 feet adjacent to the RV pads continuing from and following the pattern of the screening established along the parking lot and incorporating existing vegetation, such planting to be established before April 2003. In response to a question from Paul, Adam clarified that the screening would be deciduous trees, which would grow to 60' eventually. He said that not all of the greenery would be oak trees; but that staff suggests that the applicant continue the current pattern of arbor vitae broken up by oak trees. Paul raised a concern whether the three-level 12-plexes would be screened from the RV park. Adam said that, short of building a tall fence, staff believes this answers concerns about screening. He said they were more worried about screening ground level vision. He said that they don't expect vehicles often, and staff does not feel this is a concern. Brandt stated that it looks like Saddlebrook has paved parking lots abutting the screening, and he does not believe there will be a concern. Adam said that staff feels the screening will be neighborly. Public Hearing Opened Keith Gerling identified himself as past-president, past-administrator of the Moose and offered to answer questions. He stated that they have had an excellent ongoing relationship with the residents of Saddlebrook, and they want to treat their neighbors very well. In response to a question from Gidal, Gerling stated that all the conditions staff has posed are acceptable. He said they consider them self-serving. In response to a question from Brandt, Gerling said that they usually do not have much warning when someone wants to use a site. He said the sites would not be used much - he said it is a courtesy thing with members, and that they have found during their three years in the facility, that sometimes someone will come to the University Hospital for testing, or occasionally to a sporting event, or someone just criss- crossing the country. He said that Moose International publishes a directory of lodges so that the roughly million and a half members can stop in. He said it is not used a lot, but they thought it would be nice to offer. In response to a question from Maurer, Gerling said the sites would be used for RVs, pull-type campers, or any type of camping vehicle. He said that they have had a couple overnight instances of people plugging into the existing outlets on their light pole in the parking lot. Keitel stated that he is a member of the Moose and did the original site design. He said the area was originally slated to be a tennis court, so it was designed to be hard surface, so there would be no negative effects with stormwater. Public Hearinq Closed Motion: Gidal moved to approve EXC02-00021, an application submitted by Iowa City Family Moose Center for a special exception to allow the addition of camping facilities to an existing club Iowa City Board of Adjustment Minutes November 13, 2002 Page 7 in a Medium-Density Multi-Family (RM-20) zone at 3151 Highway 6 East, subject to the following conditions: 1. Sewage dumps shall be capped and locked when not in use and that all utilities hook- ups are to be inspected and approved by the City; 2. The applicant may pave pads and drive at whatever rate they are able to, but shall make use of only those pads that are paved; 3. If general lighting is provided for each or all pads, the lights shall be no more than ten (10') in height and shall otherwise conform with the illumination standards contained in 14-6S-8D, pertaining to light trespass onto neighboring residential properties; 4. Recreational vehicles shall not be allowed to operate generators after 10 P.M. on any night; and 5. The applicant shall provide a solid planting screen along the 180 feet adjacent to the RV pads continuing from and following the pattern of the screening established along the parking lot and incorporating existing vegetation, such planting to be established before April 2003. The motion was seconded by Paul. Findings of Fact Paul stated that he would vote in favor of the application. He said that he agrees with the general standards as articulated by the City staff. He said that the special exception review requirements have been met also. Paul said that the infrastructure, access roads and so forth are all in place, and ingress and egress issues were taken care of. He said this exception does conform with the regulations and standards of the zone in which it is located. Gidal stated he would vote to approve for the same reasons. Maurer stated he would vote to approve. Brandt stated he would vote to approve. The motion passed on a vote of 4-0, one recusal. BOARD OF ADJUSTMENT INFORMATION Adam stated that the questions regarding Budget Rent-A-Car's special exception on Riverside Drive will be addressed through a meeting with the applicant next week. He said the applicant will be asked to comply, and will be given options if he does not comply: to appear before the Board again or to be cited and go to Court. Holecek said they will attempt to gain compliance through voluntary means without court intervention, and will report back at the next meeting. Paul asked that a luncheon be arranged to thank the outgoing Chair for service. Adam will make arrangements. The next meeting is scheduled for Wednesday, December 11,2002. ADJOURNMENT Keitel moved to adjourn, seconded by Paul. The meeting adjourned at 5~53 PM. Board Chairperson Board Secretary Minutes Submitted By Neana Saylor shared on citynt/pcd/rninutes/boa/boal 1-13-02.doc