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HomeMy WebLinkAbout06-10-2009 Board of AdjustmentAGENDA IOWA CITY BOARD OF ADJUSTMENT MEETING WEDNESDAY, JUNE 10, 2009 — 5:00 PM CITY HALL — EMMA J. HARVAT HALL A. Call to Order B. Roll Call C. Consider the May 13, 2009 minutes D. Special Exceptions EXC09-00003: Discussion of an application submitted by the Mayor's Youth Empowerment Program for a special exception to establish a general community service use in the Intensive Commercial (CI-1) zone for property located at 1200 S. Gilbert Court. EXC09-00004: Discussion of an application submitted by First Mennonite Church to allow expansion of a daycare facility located in the Medium -Density Residential (RS-8) zone at 405 Myrtle Avenue. E. Election of Officers F. Board of Adjustment Information G. Adjourn NEXT BOARD OF ADJUSTMENT MEETING — JULY 8, 2009 STAFF REPORT To: Board of Adjustment Item: EXC09-00003 Mayor's Youth Empowerment Program GENERAL INFORMATION: Applicant: Contact: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: Prepared by: Sarah Walz Date: June 10, 2009 Mayor's Youth Empowerment Program 1060 Cross Park Avenue. Roger Lusala 319-341-0060 Special exception to allow a community service use in the CI-1 zone. To allow the Mayor's Youth Empowerment Program to locate in the Intensive Commercial (CI-1) zone. 1200 South Gilbert Court 48 acres Vacant (CI-1) North: Residential (CI-1) South: Residential (CI-1) East: Residential (CI-1) West: Residential (CI-1) Specific Criteria for General Community Service Uses in the CI-1 zone, 14-4B-4D-4; Specific Criteria for Daycare Uses, 14-4B-4D-6; Off -Street Parking and Loading Construction and Design Standards, 14-5A-5; Non- conforming Parking and Loading, 14- 4E-8B. File Date: May 12, 2009 BACKGROUND INFORMATION: The applicant, Mayor's Youth Empowerment Program (MYEP), is seeking a special exception to establish a General Community Service Use in the Intensive Commercial (CI-1) zone. Community Services are categorized as the institutional uses and are defined as "uses of a public, non-profit, or charitable nature providing local service to people of the community." The CI-1 zone provides areas for sales and service functions and businesses whose operations are typically characterized by outdoor display and storage of merchandise, by repair and sales of large equipment or motor vehicles. The types of retail in this zone are limited (examples include consignment stores, paint, flooring materials, building supplies, appliances etc.) in order to provide opportunities for more land intensive commercial operations. CI-1 uses do not require high -visibility and tend not to generate high levels of customer traffic associated with the Community Commercial zone. For these reasons, rents tend to be somewhat lower in CI-1 zones than in the retail oriented Community Commercial (CC-2) zone. Similar uses found in CI-1 zones are general office uses, commercial recreational uses, and daycares (which are allowed as provisional uses). MYEP provides support for at -risk youth and adults with disabilities. The building at 1200 Gilbert Court will serve as administrative office space for the organization and will house MYEP's adult daycare and after school programs. MYEP has five administrative staff that are on site from 8 am to 5 pm weekdays. The adult daycare program has five additional staff serving up to ten clients and operates between 8 am and 3 pm on weekdays. The afterschool program also has ten staff and serves up to twenty-five children. The afterschool program operates between 3:30 pm and 5:00 pm on weekdays. Clients for the adult daycare program are transported to the site by the Johnson County SEATS. Clients for the afterschool program are transported to the site by MYEP van service. The parking lot for the subject property is considered non -conforming in that it does not meet current code standards, including layout, landscaping, pedestrian routes, maximum drive and entrance widths, etc. Because the subject site has been vacant for more than a year, any new use that moves onto the property is considered a change of use and is therefore required to bring the parking lot into compliance with current standards. The subject property provides 11,770 gross square feet interior space. The applicant proposes to develop the first and second floors of the property for the programs and staffing described 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 Section 14-4B-4D-4 pertaining to the specific standards for General Community Service Uses in the CI-1 and 1-1 zones as well as the general approval criteria for special exceptions as set forth in Section 14-4B-3A. Specific Criteria The CI-1 zone allows General Community Service Uses by special exception so long as the proposed use will not significantly alter the overall character of the zone and will not inhibit future development of uses for which the zone is primarily intended. The Board will consider such factors as size and scale of the development, projected traffic generation, and whether adequate transportation, transit, and pedestrian facilities exist to support the proposed use. Community Service Uses that are industrial or repair oriented in nature or that include operations that require outdoor work areas may be particularly suited to these zones. The commercial neighborhood under consideration is currently home to other community service uses including the Crisis Center and the Salvation Army. Until recently, the property at 1105 Gilbert Court was the site of the Johnson County Health Department. The Crowded Closet, a consignment store run by the Mennonite community, is also located along Gilbert Court. The majority of other uses in the area are automotive and equipment repair and office. Staff believes that the proposed use will not alter the overall character of the zone nor inhibit future development of uses for which the zone is primarily intended for the following,reasons: Most clients will travel to the site by bus, limiting the traffic to and from the site. Except for transportation to the site, youth program activities are indoors. The hours of operation for MYEP are generally confined to the normal work day. • The particular CI-1 neighborhood in which the subject property is located has, over time, supported a number of other general community service uses. • The proposed site plan for the property shows adequate parking for the use and improvements to control vehicle traffic and provide safe pedestrian routes and sidewalks. General Standards: 14-48-3, Special Exception Review Requirements 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The existing parking lot is considered non -conforming and lacks many code required elements that are intended to improve safety by providing more controlled ingress and egress from the site and by clearly separating the parking areas from drive entrances and pedestrian routes. In order to bring the property into compliance with the zoning code requirements, the applicant must redesign the parking area. The submitted site plan shows pedestrian routes from the sidewalk to entrance as required by code. The drive entrances from Gilbert and Highland Courts are both shown as being reduced to 22 feet and parking terminuses are shown at the ends of each row. The site plan also shows the required landscape screening to create separation between the parking lot and pedestrian area. A paved area between Gilbert Court and the west wing of the building cannot serve as conforming parking as parked cars are required to back directly onto Gilbert Court. The curb cut for this parking area will be closed off and paving must be removed as required by code. (A paved area that runs along the south side of the building, which is accessed from the neighboring property, serves as shared parking and will be reviewed by the building official for compliance with the parking standards.) The purpose of these updates is to create better traffic control for vehicle entering and exiting the lot and to limit conflicts between vehicles and pedestrians on site. In addition the applicant will construct a 4-foot sidewalk along Highland Court and clearly define the existing sidewalk along Gilbert Court. 2. 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. 4 As mentioned in the applicant's summary, MYEP programs provide job training and volunteer services, the program may be able to work with other community services agencies in the neighborhood or with area businesses. Because vehicle traffic to and from the site is limited, and because the applicant can provide all parking for all twenty staff as well as the agencies four transportation vans on site, staff believes the specific proposed exception will not be injurious to the use and enjoyment of other property in the vicinity and will not diminish or impair property values in the neighborhood. 3. 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. For the all the reasons given above, staff believes that the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding neighborhood. The applicant's site plan shows that they are able to bring the site into compliance with the current off-street parking standards and provide sidewalks across site. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Adequate utilities, access roads and drainage are already in place. The parking area must be brought into conformance with the current parking standards with regard to design, construction, and screening, including curb access. The proposed site plan shows conformance with these standards. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. As described above, the applicant is required to reduce the width of entrance drives and curb cuts and to reconfigure the parking area in order improve safety for vehicles entering and exiting the site and separation and demarcation of pedestrian routes and sidewalks. These changes are show on the site plan provided by the applicant. 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. In order to establish the change of use for the property, the applicant must submit a final site plan and construction drawings to the building official as part of the building permit process. These submissions will be reviewed to ensure compliance with all aspects of the zoning code. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The future land use map in the Central District Plan indicates that this neighborhood should continue to be zones Intensive Commercial and notes that this area is an important niche for intensive commercial uses close to the downtown. The Comprehensive Plan calls for a wide array of social service programs available in all neighborhoods throughout the City. STAFF RECOMMENDATION: Staff recommends that EXC09-00004, an application for a special exception to allow the location of a general community service use to be located in the intensive commercial (CI-1) zone at 1200 Gilbert Court subject to general compliance with the site plan submitted, including compliance with the off-street parking standards and installation of sidewalks along the Highland Court and Gilbert Court rights of way. ATTACHMENTS: 1. Location map 2. Aerial view 3. Proposed site plan 4. Applicant materials Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Johnson County lows 2 D09 Y �.� u.;, ;�,y;,,;,,;,,�,,.� 6WiVi►aiMYtliYw,. 94 The paved area to the west of the building along Gilbert Court cannot function as conforming parking and thus pavement will need to be removed and the curb cut closed. The building official will review a shared parking arrangement for parking on the south side of the building to ensure compliance with the parking standards. 0� coN� uCi w�� O Z o G.p w dOrn �90 Orn If Z Ln m o a c� y CD O CDau~iov — V E Cn U O Z 3 E rrann o � o VJ O�O U Ln Ln d ® O w- W w> �9 U ,-- V5 U 3 [! v Z5 a < N Q ✓ ILLIl� g I APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION - DATE: 6-11-3% el PROPERTY PARCEL NO. /©r S-VL3 % 00 - PROPERTY ADDRESS: /2,010 5• C7- PROPERTY ZONE: C--Z"/ PROPERTY LOT SIZE: APPLICANT: Name: �i -yam rs yn+v*",00- E7'VP 1Fi'Z fc'v� 117=1z, CONTACT PERSON: (if other than applicant) PROPERTY OWNER: (if other than applicant) Address: /060 C e os s '14koe-&, ,► ve . ie- Phone: 31'? - 4V - M60 ' 7 Name: 3n Address: /06`0 C�"-,e%S A-✓e Phone: 1-11 Name: A�bR &-' ,7 CMF Address: /2t-V S .lz'rG2r Phone: Specific Requested Special Exception; please list the description and section number in the zoning code that addresses the specific special exception you are seeking. If you cannot find this information or do not know which section of the code to look in, please contact Sarah Walz at 356-5239 or e-mail sarah-walz@iowa-city.org. Purpose for special exception: r c 73L- Able -74ft �hze4a,anc S Date of previous application or appeal filed, if any: Arr---Le. -2- In order for your application to be considered complete, you must provide responses to all of the information requested below. Failure to provide this information may delay the hearing date for your application. A pre -application consultation with Planning staff is STRONGLY recommended to ensure that your application addresses all of the required criteria. As the applicant, you bear the burden of proof for showing that the requested exception should be granted. Because this application will be presented to the Board of Adjustment as your official statement, you should address all the applicable criteria in a clear and concise manner. A. Legal description of property (attach a separate sheet if necessary): You can find the legal description and parcel number for your property by doing a parcel search for your address on the Assessor's website at www.iowacity.iowaassessors.com/ or by calling 319-356-6066. B. Plot Plan/Site Plan drawn to scale showing all of the following information: 1. Lot with dimensions; 2. North point and scale; 3. Existing and proposed structures with distances from property lines; 4. Abutting streets and alleys; 5. Surrounding land uses, including location and record owner of each property opposite or abutting the property in question; 6. Parking spaces and trees - existing and proposed. 7. Any other site elements that are to be addressed in the specific criteria for your special exception (i.e., some uses require landscape screening, buffers, stacking spaces, etc.) C. Specific Approval Criteria: In order to grant a special exception, the Board must find that the requested special exception meets certain specific approval criteria listed within the Zoning Code. In the space below or on an attached sheet, address each of the criteria that apply to the special exception being sought. Your responses to these criteria should just be opinions, but should provide specific information demonstrating that the criteria are being met. (Specific approval criteria for uses listed as special exceptions are described in 14-413-4 of the Zoning Code. Other types of special exceptions to modify requirements for the property are listed elsewhere in the Code.) IF YOU DO NOT KNOW WHERE TO FIND THE SPECIFIC CRITERIA THAT MUST BE ADDRESSED, please contact Sarah Walz at 356-5339 or e-mail sarah-walz@iowa- city.org. Failure to provide this information will constitute an incomplete application and may lead to a delay in its consideration before the Board of Adjustment. 71 D �n �r, 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. Answer: No MYEP services will not be detrimental to or endanger the public health, safety, comfort, or general welfare. MYEP has been providing services in Johnson County since 1968, first as a quasi department of the City of Iowa City, and then as an independent not for -profit Community Service organization serving at -risk youth, children and adults with disabilities. 2. 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. Answer: No MYEP will bring more enjoyment to the neighborhood and be an additional community service agency to the area in joining the Salvation Army across the street, the Crisis Center and the Crowded Closet. This move will provide many unique opportunities to the existing community services agencies who are always in need of volunteers, and MYEP will be able to meets some of those need by providing our youth who are always looking for places to volunteer. This move will be a win -win situation for both MYEP and the existing neighbors. 3. 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 district in which such property is located. Answer: No MYEP will improve the site to meet the current zoning requirements by defining the sidewalks along Gilbert Court, adding sidewalks along Highland Court, and providing an accessible route linking the public side walk to the main entrance of the building from both streets. MYEP will also provide trees along both street frontages, and will update the building with new siding and all other safety requirements. 4. Adequate utilities, access roads, drainage and /or necessary facilities have been or are being provided. Answer: Yes MYEP will upgrade the existing building to meet all city codes and safety requirement sefore occupancy. 5. Adequate measure have been or will betaken to provide ingress or egress designed4o imi e traffic congestion on public streets. " "" ze Answer: Yes.''` MYEP will update the site plan to meet the zoning requirement and to eliminate any traffic congestion of public streets. MYEP will also have enough parking spaces for its employees and families picking up their loved ones. 6. Except for the specific regulations and standards applicable to the special 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. [Depending on the type of special exception requested, certain specific conditions may need to be met. The application will demonstrate compliance with the specific conditions required for a particular use as provided in the City code section 14-413 as well as requirement listed in the base zone or applicable overlay zone and applicable site development standards (14-5A through K).] Answer: Yes 7. The Proposed use will be consistent with the Comprehensive Plan of the City"1 Answer: Yes MYEP exists provide advocacy and support to at -risk youth, children and adults 1th - disabilities who face barriers to independence and resources to their families. MVEP services include supported community living for children and adults with disabilities in their own home or the community. Individualized services designed to meet each person's need in the area of daily living skills, community involvement, social skills, communication skills, supervision and medication administration. Other services include: respite services, consumer directed attendant care, adult day program, supported employment, pre -vocational, summer, winter and spring break camps. MYEP also provides an after school program for teens in 7-12 grade and children in K-6 grade level. MYEP provides summer employment program to the area at -risk youth through Urban Youth Corps with the Department of Transportation, Kirkwood Community College Creative Future Program, and in collaboration with the Iowa City Community School District. MYEP is approved to provide a menu of services under the following Home and Community Based Services waivers: Mental Retardation, Brain Injury, Ill and Handicapped, Physical Disability, and Children Mental Health. In addition to the State of Iowa, MYEP is also accredited by the Council on Quality and Leadership, and the American Camp Association. MYEP will utilize this site as its administrative offices, Adult Day Care for individuals with disabilities, and for its After School program for youth with disabilities. For the Admistrative use, MYEP currently has 5 admistrative positions that will work in the building from Monday through Friday from 8am-5:30pm. These positions are, Executive Director, Program Director, Support Services Specialist, and Two Service Coordinators. The Adult Day Care program serves the maximum of 10 clients, and 5 staff working directly with these clients, all these clients are dropped of and pick up by the Johnson County Seats (transit system) and are in the building from 8a-3pm. On the maximum between the hours of 8a-3pm. The building will have 10 clients and 10 staff total. The After School Program serves the maximum of 25 kids Monday through Friday with 10 staff working directly with these kids and 5 adminstrative staff, between the hours of 3:30pm to 5:30 pm. All the kids are pickep from local schools by WEP vans, they come to the building meet their staff, eat snack, then go into the community for their activity. The maximum number of people in the building will occur between the time of 3:30pm to 4pm with 25 kids, 10 staff working directly with the kids and 5 adminstrative staff, to bring the maximum number of people in the building to 40. 25 kids 10 Direct Care Staff. 5 Administrative Staff. 40 Total 0 NOTE: Conditions. In permitting a special exception, the Board may Impose appropriate conditions and safeguards, including but not limited to planting screens, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, Increased minimum yard requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the Board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of the Zoning Chapter. (Section 14-SC-2C-4, City Code). Orders Unless otherwise determined by the Board, all orders of the Board shall expire six (6) months from the date the written decision Is filed with the City Clerk, unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the Board's decision, such as by obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request, and for good cause shown, the Board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. (Section 14-8C-1E, City Code). Petition for writ of certiorari. Any person or persons, Jointly or severally, aggrieved by any decision of the Board under the provisions of the Zoning Chapter, or any taxpayer or any officer, department or board of the City may present to a court of record a petition for writ of certiorari duly verified, setting forth that such decision Is Illegal, in whole or In part, and specifying the grounds of the Illegality. (Section 1"C 1F, City Code). Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the City Clerk. Date: i 1 , 20 92 Date J - M V 7 , 20 — ppdadmin*plicadon-boase.doc - it •••M1Mal r•.�w Ioh�/ �N`.i7r •r.a-lw } {f� NNN+• Mry•illS• 11•NrMr r,.RIM1:M NNmw S PrR i:;zrw. .r• ii +yJ I �NI.IM `�1r o y yAb.c ;05 Qot o ,1,01ftZ tj "o � ti '� ti ,o � o, �, �•v � •� o i � � o •� O o ,� � � � o � 0., •o .• 0 v cz, o 1 0� C� o � � o0 0 � N >, o kn7�. 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Q m o Uv m E :a o " U A cz , u N `" O �� v ai to c p Q co •> N C vi .� "C O '� •r~i1 co ^•� i. r-, bA ^� s.. v� s: N cd W a) co� n �+ •cs (il '~ :. c� U aQi "' o v v o o C rr , r., p Q. +•� �; U a� >, O 0 ^C o .b '"� 3 � b O 3 G CA �, � cd G ,� ,.. p fs Cn O 'd �/ U STAFF REPORT To: Board of Adjustment Item: EXC09-00004 Home Ties Daycare/Mennonite Church GENERAL INFORMATION: Applicant: Contact: Requested Action: Purpose: Location: Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning: Applicable code sections: File Date: BACKGROUND INFORMATION: Prepared by: Sarah Walz Date: June 10, 2009 First Mennonite Church 405 Myrtle Avenue Diane Funk 520 Kimball Road 319-337-6977 Special exception to allow expansion of a daycare facility. To allow a building addition for the daycare use. 405 Myrtle Avenue 3.07 acres Church/Daycare Facility (RS-8) North: Residential (RS-5 and P) South: Residential (RM-20) East: Residential (RS-8) West: Residential (RS-8), Park (P1) Specific Criteria for Daycare Uses, 14- 4B-4D-6; Specific Criteria for Religious/Private Group Assembly in Residential Zones, 14-4B-4D-14; May 12, 2009 The applicant, First Mennonite Church, is applying for a special exception to allow a structural addition to serve a daycare use on the site. In 1995 Home Ties applied for and was granted a special exception to establish a daycare for up to 50 children. At present, the daycare is licensed by the Department of Human Services to provide care for up to 32 children. Since its inception, the daycare has been housed in the education wing on the lower level (rear) of the Mennonite Church. The Church is located in the Medium Density, Single -Family (RS-8) zone. Home Ties provides services to children of homeless or near -homeless families and is staffed by members of the Community Coordinated Child Care (4C's) agency. The daycare operates Monday through Friday from 7 am until 6 pm, with children arriving at the site at 7:30 am and leaving by 5:30 pm. While the daycare will continue to make use of the church's 3,714 square feet of classroom space, the proposed 1,640-square-foot addition will provide a large activity room (approximately 1,200 square feet), kitchen, bathroom, and storage area. This addition will allow the daycare to have a secure, private entrance and dedicated space that will not be shared with other groups. While the church houses the daycare and provides janitorial services, supplies, and other assistance as an in -kind donation, it does not operate the daycare, and the daycare does not necessarily provide services to families of church members, unless they qualify as homeless or near -homeless. Because the daycare operates independently from the church, it is considered a second principle use on the property. However, because the daycare space is within the church building and will continue to share some space with the church, the application must be reviewed according to the standards for both church and daycare uses (criteria for both uses are attached). 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 Section 14-4B-4D-14 pertaining to the specific standards for Religious/Private Group Assembly uses in addition to Section 14-4B-4D-6 specific standards for Daycare Uses in single-family residential zones as well as the general approval criteria for special exceptions as set forth in Section 14-4B-3A. Vehicle access standards for churches and daycare centers located in the RS-8 zone Criteria for churches located in the RS-8 zone and daycares serving more than 16 children require direct vehicle access to a street with paving width wider than 28 feet. Prior to 2006 the zoning code allowed religious institutions and daycares on arterial and collector streets or on streets with paving wider than 28 feet. With the rewrite of the code in 2005 the language was simplified to require access to a street that is wider than 28 feet, assuming that all arterials and collector streets are wider than 28 feet. We have now learned that this is not the case. Although Myrtle and Greenwood Avenues are both collector streets, each is only 25 feet wide. Staff has proposed an amendment to the zoning code that reinstates the reference to collector and arterial streets (see attached). (Both Myrtle and Greenwood Avenues are a collector streets and parking is prohibited along both streets.) The amendment was reviewed by the Planning and Zoning Commission and received a unanimous recommendation. It will now be reviewed by the City Council. Since the elimination of the language regarding collectors and arterials was inadvertent, Staff believes that Council will approve the amendment. Because the proposed daycare addition will not generate significant additional traffic to the facility, it will not alter the existing traffic pattern for the facility. Because both Greenwood and Myrtle Avenues are collector streets, and because both prohibit on -street parking, staff believes adequate vehicle access is provided. However, approval of the special exception will be subject to Council approval of an amendment to the code requirement regarding access. Vehicle Circulation The criteria for daycare uses require a drop-off/pick-up area in a location that is convenient or has good pedestrian access to the entrance to the facility. The drop-off /pick-up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights -of -way. To promote safe vehicular circulation, one-way drives are encouraged. In addition, the off-street parking and loading standards in the zoning code require 1 parking space per employee based on the maximum number of employees at the site at any one time plus one parking space for each 10 children served, based on the maximum number of children present on the site at any one time, plus one stacking space for each 20 children, based on the maximum number of children present on the site at any one time. As explained in the applicant's materials, Home Ties is unique in that it serves the children of homeless or near -homeless families. Due to their circumstances most children are transported to and from the facility by a van service that is operated by daycare staff. The applicants have indicated that the vans will drop off children at the entrance to the facility. There is sufficient space in the area in front of the proposed daycare entrance for vans to circulate and park for loading and unloading children. There is also adequate parking within the church lot to serve the daycare workers as well as any parents who are able to transport their children to the site. Pedestrian Circulation The criteria for the daycare use indicate that a sidewalk must connect the main entrance of the center to the adjacent right-of-way. Pedestrian access must be clearly separated or distinguished from vehicular circulation areas to minimize the extent to which users of the facility are required to walk across drives or aisles to gain access to the daycare center. Pedestrian access to the daycare may be made via the front entrance to the church building on Myrtle Avenue. There is currently a short gap in the front sidewalk connection to the site, therefore the applicant will need to complete the sidewalk connection from the street ROW to the church building. Site Development Standards Both the church use and daycare uses are subject to the Multi -family Site Development Standards (see section 14-26-6 in the code, beginning on page 213-14). The one-story addition has been designed to complement the existing church building and extends approximately 44 feet from the east side elevation of the church. The west elevation of the addition measure approximately 36 feet along its west (street -facing) elevation and is 45.5 feet along the south elevation (facing the parking area). The one-story addition has a roof height of 19 feet, and will be finished in stucco and stone to match the church's exterior materials. The street -facing facade (west elevation) serves as the main entrance for the daycare and provides a covered entrance as required by the multi -family standards. The Multi -family Standards require that parking be located behind the church building. Except for an existing six -car parking area at the front entrance to the church, all parking is located behind the building. The Multi -family Standards require that any parking areas not concealed from the street be screened to the S2 standard and so the church is required to provide this low landscape screening along the east and north sides of both the front and rear parking areas. Landscape screening is already established in these areas, but for a few small gaps. The required landscaping will need to be installed in these areas as noted in the Staff recommendation. 4 Required Interior Activity Areas Childcare Centers must contain at least 35 square feet of usable interior space per child. Reception areas, kitchens, storage areas, offices, bathrooms, hallways, and specialized areas used for therapy are excluded when calculating the required floor area. The proposed addition is intended to provide additional space for indoor activity and kitchen, bathroom, and storage facilities. Currently, the daycare is licensed to provide care for 32 children. The church's existing educational space, along with the addition's 1,200 square feet of activity space (this excludes space for kitchen, bathroom and storage in the new addition), exceeds the space requirement for the 50 children allowed by the original special exception. Required Outdoor Areas Child daycare uses must provide a fenced outdoor play area of not less than 100 square feet per child based on the maximum number of children that will be using the outdoor play area at any given time. The existing play area is more than 3,000 square feet. The daycare has indicated that no more than 25 children will use the space at any one time. The criteria for outdoor space also specify that the playground must be readily accessible to the daycare center. The playground is located along a level area just south of the parking lot. For the safety of the children, staff recommends that the church provide a striped pedestrian route across the parking area leading to the playground. The playground meets all other standards listed in the criteria in that no equipment is located in the front setback; a 4-foot fence surrounds the playground; and the area is well -drained and free from hazards. Because the playground is located a considerable distance from public streets, no landscape screening is required. Other standards specific to church facilities in the RS-8 zone. The specific criteria for Religious/Private Group Assembly in the RS-8 zone (see attached) provide specific setback requirements for church uses (20 feet, front and side, and 50 feet rear) and consider compatibility adjacent uses —aspects such as site size, types of accessory uses, anticipated traffic, building scale, landscaping, and size of parking areas). The site plan for the addition shows that the established church and addition meet the necessary setback requirements. As explained above, the proposed one-story addition will be located behind the church building and is set back more than 200 feet from the street, therefore will not be readily visible from most of the adjacent residential properties. The addition has been designed to complement the existing church architecture and will be constructed of materials to match the church. Because the special exception is for the purpose of a building expansion and not to expand the number of children permitted at the daycare, and because the services provided by the daycare are unique in that most children are transported to the site by van service, staff does not believe that the proposed exception will significantly alter vehicle traffic to and from the site. General Standards: 14-46-3, Special Exception Review Requirements 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. Because the proposed special exception is for a building expansion and will not significantly alter the intensity of use of the property with regard to the number of children permitted at the daycare or the level of traffic accessing the site, and because sufficient parking and stacking space is available on the site, it will not be detrimental to or endanger the public health, safety, comfort or general welfare. 2. 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. The proposed one-story addition is small relative to the size of the existing church and is designed to match the architecture and materials of the existing church. The addition meets the specific setback standards for churches and the Multi -family Site Development Standards, which are intended to help large structures fit into the residential character of the neighborhood. For these reasons, and for the reasons listed above under "criteria 1", Staff does not believe that the special exception will be injurious to the use and enjoyment of other property in the immediate vicinity or substantially diminish or impair property values in the neighborhood. 3. 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. See criteria 1 and 2 above. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. All utilities and other facilities are provided. While Greenwood and Myrtle Avenues do not meet the 28-foot standard currently listed in the code, both streets are collector streets and both prohibit parking in the vicinity of the church. For this reason, staff believes adequate access roads are provided to the church. As noted above, approval of this special exception will be contingent upon the City Council approval of the amendment to the code requirement regarding minimum street widths. 5. Adequate measures have been or will be taken to provide ingress or egress designed so as to minimize traffic congestion on public streets. Vehicles currently enter the site via a two-way drive, located to the southwest of the church on Greenwood Avenue. A one-way exit drive provides an additional egress route from the property, near the intersection of Greenwood and Myrtle Avenues. These driveways have adequate sight distance to safely disperse traffic along both collector streets. 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 parking area for the church is non -conforming in that not designed or landscaped in full compliance with current code requirements. The regulations for Non -conforming Parking and Loading state that when a use is enlarged by less than 50 percent in total floor area on the property, the parking area does not have to be brought into full compliance, but must meet the perimeter screening standards (14-4E-8B-4). Appropriate landscape screening is provided along the east and most of the north portion of the rear parking lot, however a few gaps in the landscaping will need to be filled in, especially at the rear of the abutting residential properties (see attached photo). South of the parking lot, the church property extends a considerable distance before reaching a railroad and wooded area. Staff believes that distance in combination with the change in grade to the railroad embankment and the wooded area provide sufficient screening for the parking. The small parking area at the front of the church has some gaps in the screening that will need to be filled in order to comply with code standards. The applicant must submit a final site plan and construction drawings to the building official as part of the building permit process. These submissions will be reviewed to ensure compliance with all other aspects of the zoning code, including the screening requirements. 7. The proposed use will be consistent with the Comprehensive Plan, as amended. The future land use map in the Southwest District Plan indicates this neighborhood as a mix of single-family and multi -family residential uses and the subject property is shown as public service/institutional use. The Comprehensive Plan supports the location of institutional uses such as churches and daycares, within residential neighborhoods so long as they meet the requirements of the zoning code and are designed to be compatible with the surrounding neighborhood. This proposal appears to comply with the Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends that EXC09-00004, an application for a special exception to allow expansion of a daycare facility in the Medium Density, Single -Family Residential (RS-8) zone at 405 Myrtle Avenue, be approved subject to the following conditions: • Council approval of an amendment to the zoning code to allow Religious/Private Group Assembly and Daycare Uses along streets with a pavement width narrower than 28 feet; • Required S2 screening of the parking areas as determined by the building official; • Striping the parking lot to indicate a designated pedestrian route between the daycare facility and the outdoor play area; and • Completing the sidewalk connection between Myrtle Avenue and the front entrance to the church building. ATTACHMENTS: 1. Location map 2. Aerial photo 3. Proposed site plan and elevations 4. Criteria for church and daycare uses 5. Proposed code amendment regarding vehicle access for church and daycare uses in residential zones 6. Application materials Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development Some additional landscape screening will be required to bring the parking area into compliance with the Multi -family standards and the standards for off- street parking. on g to o, nw a cs o i C000000 � -n l �e ..a .a .a .j .+ .e ems ` 25 Ar-0 A A ¢g D m mQ,Ezs U"�U ma a r 35 - o to y ti rn y a P T i n I ii Fn 60 a , c+ v ¢ a °°o 9eF rm. s 0 —==zi (n \ g ADDITIONS AMC) REMODELING TO � n FIRST MENNONITE CHURCH $ F e � W q 405 MYRTLE AVENUE, IOWA CITY, IOVVA I � W, yyy J 9 } p U� 1 7^J {� J�7SH U fl ��• :r 5 y3 4 Q 'raw x �Sy m A� E Y U d " ; � fn a LU CY � d±�� J u : Y 1�99 •;��0 d b3 a- - w N w F'p',� 2- }' i ar Y R� Nj td UCD I ai Y Z g Y Y tB — k tA Q it OW i y ,�3 1 n-U+ o vm n II En 0cr �. EA2- o _, y_�l j.-; I PAGE 4B-34 144B Minor Modifications, Variances, Special Exceptions, and Provisional Uses (2) A building addition of less than 500 square feet, provided the addition does not increase the occupancy load of the building. g. If the proposed use is located in a Residential Zone or in the Central Planning District, it must comply with the Multi -Family Site Development Standards as set forth in Section 14-2B-6. E. Other Uses 1. Animal -Related Agriculture in the ID Zones a. Livestock feedlots must be located no closer than 1/4 mile from any Residential Zone boundary. b. Confinement feeding operations are prohibited. 2. Extraction a. Extraction is not permitted within 1,000 feet of a Residential Zone. b. Proof of compliance with all State requirements, including all approvals and licenses referenced in subparagraphs c. through e. must be submitted to the City for review and approval prior to commencing extraction operations. C. Approval for the withdrawal of water must be obtained from the Iowa Department of Natural Resources, or its successor. d. Approval for operation in a floodplain must be obtained from the Iowa Department of Natural Resources, or its successor. e. A license to operate the Extraction use must be obtained from the Iowa Department of Agricultural and Land Stewardship, Division of Soil Conservation, or its successor. Failure to maintain said license shall constitute abandonment. 3. Helicopter landing Facilities in the I-1, I-2, RDP, and ORP Zones a. The proposed landing facility must be located at least 1,000 feet from any Residential Zone. b. The landing facility must meet all applicable federal regulations. Documentation of compliance with federal regulations must be submitted to the Board of Adjustment with the application for a special exception. 4. Communication Transmission Facilities in Residential Zones and in the ID- RS and ID-RM Zones Communication Transmission Facilities are limited to communications antennae, provided the following conditions are met: a. The antenna is mounted on the roof of a principal building that contains a nonresidential use or on the roof of a building that is accessory to a nonresidential use. Examples include church and school buildings. A maximum of two antennae is permitted per building. b. Strobe lighting is prohibited in Residential Zones. Therefore, any antenna that requires such illumination is prohibited. C. Any equipment associated with an antenna must be located within the exterior walls of the building to which the antenna is attached. No separate equipment shed is permitted. Title 14: Iowa City Zoning Code ReNised 12-22-08 PAGE 4B-33 14-4B Minor Modifications, Variances, Special Exceptions, and Provisional Uses parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use e. If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi -Family Site Development, Standards as set forth in Section 14-28-6. 14. Religious/Private Group Assembly in the ID-RS, RS-5, RS-8, RS-12, and RNS-12 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. The following minimum setbacks are required in lieu of the setbacks specified in the base zone. However, the Board of Adjustment may reduce these setbacks, subject to the approval criteria for setback adjustments as specified in 14-2A- 4B-5, Adjustments to Principal Building Setback Requirements. (1) Front: 20 feet (2) Side: 20 feet (3) Rear: 50 feet C. The proposed use will be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use, such as the site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and location and amount of paved areas. The Board of Adjustment may deny the use or aspects of the use that are deemed out of scale, incompatible, or out of character with surrounding residential uses, or may require additional measures to mitigate these differences. Additional requirements may include, but are not limited to, additional screening, landscaping, pedestrian facilities, setbacks, location and design of parking facilities, and location and design of buildings. d. Given that large parking lots can seriously erode the single family residential character of these zones, the Board of Adjustment will carefully review any requests for parking spaces beyond the minimum required. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on -street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. e. The proposed use will not have significant adverse affects on the livability of nearby residential uses due to noise, glare from lights, late -night operations, odors, and litter. f. The Building Official may grant approval for the following modifications to a Religious/Private Group Assembly Use, without approval from the Board of Adjustment, upon written findings that the modification will not be detrimental to the public health, safety, or welfare, or be injurious to the other property or improvements in the vicinity and in the zone in which the property is located. (1) An accessory storage building less than 500 square feet in size. Title 14: Iowa City Zoning Code Revised 12-22-08 PAGE 48-30 144B Minor Modifications, Variances, Special Exceptions, and Provisional Uses up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights -of -way (See minimum parking requirements for Daycare in Table 5A-2). To promote safe vehicular circulation, one-way drives are encouraged. e. Pedestrian Circulation A sidewalk must be constructed connecting the main entrance of the center to the adjacent public right-of-way. Pedestrian access must be clearly separated or distinguished from vehicular circulation areas to minimize the extent to which users of the facility are required to walk across drives or aisles to gain access to the daycare center. f. Site Development Standards If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi -Family Site Development Standards as set forth in Section 14-2B-6. Daycare facilities that are accessory uses are exempt from this provision. 7. Detention Facilities a. The proposed 'use will be located at least 1,000 feet from any property containing an existing Daycare Use, Educational Facility Use, Parks and Open Space Use, Religious/Private Group Assembly Use or Residential Use; b. The proposed use will be located at least 1,000 feet from any Residential Zone; C. The proposed use will be located at least 500 feet from any other Detention Facility. d. The facility and its operations will not pose an unreasonable safety risk to nearby uses and residents. The applicant must submit to the Board of Adjustment a detailed plan for on -site security. S. General Educational Facilities in the RR-1, RM-121 RM-20, RNS-20, RM-44, PRM, MU, and CO-1 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. The number of off-street parking spaces provided may not exceed one and one- half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The Board of Adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on -street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. C. If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi -Family Site Development Standards as set forth in Section 14-2B-6. Title 14: Iowa 00, Zoning Code. Revised 12-22-08 PAGE 4B-30 144B Minor Modifications, Variances, Special Exceptions, and Provisional Uses up area must contain sufficient stacking spaces and/or parking spaces to ensure that traffic does not stack into adjacent streets or other public rights -of -way (See minimum parking requirements for Daycare in Table 5A-2). To promote safe vehicular circulation, one-way drives are encouraged. e. Pedestrian Circulation A sidewalk must be constructed connecting the main entrance of the center to the adjacent public right-of-way. Pedestrian access must be clearly separated or distinguished from vehicular circulation areas to minimize the extent to which users of the facility are required to walk across drives or aisles to gain access to the daycare center. f. Site Development Standards If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi -Family Site Development Standards as set forth in Section 14-2B-6. Daycare facilities that are accessory uses are exempt from this provision. 7. Detention Facilities a. The proposed use will be located at least 1,000 feet from any property containing an existing Daycare Use, Educational Facility Use, Parks and Open Space Use, Religious/Private Group Assembly Use or Residential Use; b. The proposed use will be located at least 1,000 feet from any Residential Zone; C. The proposed use will be located at least 500 feet from any other Detention Facility. d. The facility and its operations will not pose an unreasonable safety risk to nearby uses and residents. The applicant must submit to the Board of Adjustment a detailed plan for on -site security. S. General Educational Facilities in the 1111-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 Zones a. Vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet. b. The number of off-street parking spaces provided may not exceed one and one- half (1.5) times the minimum number of spaces required, unless granted a special exception to do so. The Board of Adjustment will carefully review any requests for parking spaces beyond the maximum allowed, particularly in areas where large parking lots will erode the residential character of the neighborhood. The Board may limit the number of parking spaces and the size and location of parking lots, taking into account the availability of on -street parking, the estimated parking demand, and opportunities for shared parking with other nonresidential uses in the vicinity of the use. C. If the proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi -Family Site Development Standards as set forth in Section 14-2B-6. Title 14: Iowa City Zoning Code Revised 12-22-08 PAGE 4B-29 144B Minor Modifications, Variances, Special Exceptions, and Provisional Uses C. Site Development Standards (1) If the _ proposed use in located in a Residential Zone or in the Central Planning District, it must comply with the Multi -Family Site Development Standards as set forth in Section 14-2B-6. (2) In the CB-5 and CB-10 Zones, Community Service - Shelter uses must be located above the street level floor of a building. (3) The proposed facility must comply with the minimum standards as specified in the Iowa City Housing Code, as amended. 6. Daycare Uses a. Required Interior Activity Areas Child daycare centers must contain at least 35 square feet of usable interior floor space per child. Adult daycare centers must contain a minimum of 60 square feet of usable floor area per adult client. An additional 20 square feet of floor area is required for every adult client who uses ambulatory aids. Reception areas, kitchens, storage areas, offices, bathrooms, hallways, treatment rooms, and specialized areas used for therapy are excluded when calculating the required floor area. The dining area may only be included in the square footage calculation if used by daycare participants for activities other than meals. When co -located in a facility that houses other uses or services, the proposed daycare use must have its own separate identifiable space for program activities during operational hours. b. Required Outdoor Areas Child daycare uses must provide a fenced outdoor play area of not less than 100 square feet per child based on the maximum number of children that will be ' using the outdoor play area at any given time. The outdoor play area must meet the following standards: (1) Playground equipment is not permitted within the front and side setbacks. (2) Outdoor play areas must be well -drained, free from hazards, and readily accessible to the daycare center. In Residential Zones, outdoor play areas must be completely enclosed by a fence at least four feet in height. In Commercial and Industrial Zones, the outdoor play area must be completely enclosed by a fence built to the S4 standard and be screened along the perimeter of the fence to the S3 standard (See Article 14-5F, Screening and Buffering Standards). The City may waive the screening requirement if it is determined that land uses surrounding the daycare use will not pose a nuisance or safety hazard to the children such that a screening buffer is necessary. C. Vehicular Access In Single Family Residential Zones, a daycare center that provides care for more than 16 persons must have direct vehicular access to a street with paving wider than 28 feet. d. Vehicular Circulation The use must provide a drop-off/pick-up area in a location that is convenient to or has good pedestrian access to the entrance to the facility. This drop-off/pick- 14: Iowa City Zoning Code Revised 12-22-08 In paragraph 14-4B-4D-6, Daycare Uses, amend subparagraph c., Vehicular Access, as follows: c. Vehicular Access In Single Family Residential Zones, a daycare center that provides care for more than 16 persons must have Wiest vehicular access to a collector street, arterial street, or street with paving wider than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the proiected traffic generated by the proposed expansion If the proposed expansion will cause an increase in the amount of traffic a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan This plan must be reviewed by the City's traffic engineering planner and approved by the City. In paragraph 14-4B-4D-8, General Educational Facilities in the RR-1, RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 zones, amend subparagraph a., as follows: Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subiect street and the proiected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan This plan must be reviewed by the City's traffic engineering planner and approved by the City. In paragraph 14-4B-4D-9, General Educational Facilities in the RS-5, RS-8, RS-12, and RNS-12 Zones, amend subparagraph a., as follows: a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the proiected traffic generated by the proposed expansion. If the proposed expansion will cause an increase in the amount of traffic a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan This plan must be reviewed by the City's traffic engineering planner and approved by the City. RM-12, RM-20, RNS-20, RM-44, PRM, MU, and CO-1 as follows: In paragraph 14-48-4D-13, Religious/Private Group Assembly in the ID-RM, ID-C, RR-1, Zones, amend subparagraph a., a. Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion If the proposed expansion will cause an increase in the amount of traffic a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan This plan must be reviewed by the City's traffic engineering planner and approved by the City. In paragraph 14-48-4D-13, Religious/Private Group Assembly in the ID-RS, RS-5, RS-8, RS-12, and RNS-12 Zones, amend subparagraph a., as follows: Vehicular access to the proposed use is limited to collector streets, arterial streets, or streets with pavement width greater than 28 feet. For expansions of existing uses that are nonconforming with this provision, access to streets with pavement width 28 feet or narrower will be considered based on the traffic capacity of the subject street and the projected traffic generated by the proposed expansion If the proposed expansion will cause an increase in the amount of traffic a plan must be submitted illustrating how traffic to and from the facility will be accommodated during peak periods. Estimates of vehicle trips to the site during peak periods must be submitted with the circulation plan This plan must be reviewed by the City's traffic engineering planner and approved by the City. � . a APPLICATION TO THE BOARD OF ADJUSTMENT SPECIAL EXCEPTION �. DATE: S I - C)CI PROPERTY PARCEL NO. 0 PROPERTY ADDRESS: i nS n" -� l� Ave r4a G 4 PROPERTY ZONE: Rs" 4 PROPERTY LOT SIZE: APPLICANT: Name: F-Ir� i rev, n e '% k6wr�- Address: Phone: 33� 0 30 Z- CONTACT PERSON: Name: (G 1 e (if other than applicant) Address: 520 eo el B� Phone: PROPERTY OWNER: Name: (if other than applicant) Address: Phone: Specific Requested Special Exception; please list the description and section number in the zoning code that addresses the specific special exception you are seeking. If you cannot find this information or do not know which section of the code to look in, please contact Sarah Walz at 356-5239 or e-mail sarah-walz@jowa-city.org. Purpose for special exception: 70 07"- a Cl u sevVe -fie cis e- Date of previous application or appeal filed, if any: / 9 fa � e r o-" Ct Application to the Board of Adjustment- Special Exception A. Legal Description: 2582 SPERRY'S SUBDIVISION LOT 15 & W 20' OF LOTS 14 & 9 . B. Plot Plan/Site Plan- see attached drawings _ C. Specific Approval Criteria: # 6 Daycare Uses > History of the Daycare:' Home Ties Child Care Center was created in 1995 in response to the local need for emergency child care for children that were homeless or at risk of homelessness and continues to respond to that need. In Iowa, over 11% of all homeless people counted are under the age of five, and over half of all homeless households receive employment income. In fiscal year 2008 Home Ties served 82 children. Ninety-four percent of the families receiving Home Ties child care services were below the 30% median income and all were below the 50% median income. Many families report no income as they are requesting Home Ties services in order to seek and obtain employment. Funding for Home Ties staff and program expenses comes from several sources including Johnson County Social Services, Johnson County Empowerment, state funds from childcare assistance, subsidies from the food program, and subsidized slots funded by the University of Iowa. When it began, Home Ties originally served 16 children, and was later expanded to serve 22 children (8 of whom are infants). In 2004, Home Ties expanded to serve 26 children due to community need. The daycare operates Monday through Friday from 7 am to 6 pm. Home Ties is a program of 4C's (Community Coordinated Child Care). Since its inception, Home Ties has been housed at the First Mennonite Church, 405 Myrtle Ave, Iowa City. In 1995 church members learned through a newspaper article that money had been secured to start a daycare to address the childcare needs of homeless or near homeless families but there was difficulty finding adequate affordable space. At that time, the church had just finished construction of a new education wing; contacted 4Cs regarding the possibility of housing Home Ties. The church applied to the City of Iowa City for a special exception to house the daycare. The exception was granted for the daycare to serve up to 50 children. The yearly in -kind support provided by First Mennonite Church to Home Ties for the past 12+ years has been significant and includes rent, utilities, paper products (paper towels, toilet paper), cleaning supplies, janitorial, garbage, copying, fenced outdoor play area, building maintenance and repair and snow removal. As further evidence of the church's commitment to Home Ties, members of the congregation have already donated or pledged $161,000 toward the completion of this proposed 1640 square foot addition. First Mennonite applied for and received a $60,000 Community Development Block Grant which will complete the funding for the project. This proposed building project will provide a large room for mots ies, kitchen, bathroom and storage area. The building will be attached to the `d t, u at wing which the daycare will continue to use for classroom space, nap rooms, activities,lpprning centers etc. This will allow the day care to have a private entrance which will Jodi- ecurity for the children and staff. It also allows for better workflow which maximizes cr* icalstaff time. The proposed building would be space dedicated to the daycare and not used by any other groups. a. Required Interior Activity Areas: The daycare currently uses the lower level of the education wing which has a total area of 3,714 square feet. The proposed building would add an additional 1640 square feet. The daycare is currently licensed by the DHHS for 32 children and meets their current standards of 35 square feet of interior activity area per child. The new building has been and will continue to be reviewed by the DHHS licensing staff to assure compliance. Should the daycare ever expand to the 50 children permitted under the special exception granted to First Mennonite, there would still be adequate inside activity area given the total square footage allocated to the daycare (excluding hallways, bathrooms, storage and kitchen). b. Required Outdoor Areas: The outdoor play area for the daycare is located toward the back (south) of the FMC lot. It is not located within the front or side setbacks. It is located away from the street and neighboring homes. It is completely enclosed by a four foot chain link fence with a gate. The fenced area currently exceeds 3,000 square feet. The daycare currently serves 26 children; six are infants and would not use the space. If the daycare were to expand to 50 children, that number would still include infants and no more than twenty five children would be using the outdoor play space at any given time. The current outdoor space will be completely revamped this summer through grant support from several sources. A designer from Backyard Habitats and a structural engineer will lend their expertise to the project. The area will include a small climbing structure which will be located on a new "soft" resin surface, a playhouse area and child friendly gardens. As part of the redesign the west fence line will be moved to expand the area by four feet to allow for adequate distance from all play structures. c. Vehicular access to the daycare is on Myrtle or Greenwood, neither street meets the width requirement of greater than 28 feet. d. Vehicular circulation: Children come and go from the daycare either by being dropped off from a parent vehicle or transported by a van operated by the daycare staff. Drop off and pick up for the children is staggered throughout the day. The drop off/pick up area for the new building would be at the entrance. Vehicles dropping off children at the daycare enter from a long drive off Greenwood Drive and have access to the entire parking lot for turnaround or waiting to approach the drop off/pick up area. Traffic would not overflow into adjacent streets or right-of-ways. e. Pedestrian circulation: Pedestrian access to the daycare can be made from the front (north) of the church building. A paved sidewalk leads to the northeast entrance of the church, near the church office. The daycare is located directly below that entrance and is accessible via stairs or elevator. Families qualifying for the daycare service rarely reside within walking distance of the church. Many children are transported via the daycare van and dropped off at the door. There is currently not a sidewalk from the public right-of-way. f. Site development standards: see drawings attached and explanation of building materials below. Specific Approval Criteria: # 14 Religious/Private Group Assembly a. Vehicular access to the church is on Myrtle Avenue or Greenwood Drive, neither str meets the width requirement of greater than 28 feet. b. Setbacks: Front= approximately 80 feet Side=23 feet Rear=> 180 feet J -�- `- c. Proposed use will be designed to be compatible with adjacent uses. The proposed prct is to add a 1640 square foot addition onto the south end of the existing education wing at First Mennonite Church. This addition would be built to increase space for Home Ties Child Care facility, which has been in operation at the church for the past 12+ years. Home Ties currently uses the classrooms in the lower level of the education wing and would continue to do so. This addition would be used exclusively by the daycare. The building has been designed to both functionally and aesthetically tie into the existing building. Exterior finish materials will be stucco and stone to match the existing church (education wing) fagade. The building will be approximately 40'x40' with an overall elevation of 19 feet. Given that the operation of the daycare is not anticipated to change, there would be no additional traffic flow implications. d. The building site plan has been reviewed by the City of Iowa City staff. They required modifications to several handicapped parking spaces next to the new addition as well as the incorporation of several trees and landscaping around the new building. Those modifications are reflected in the drawings submitted. Parking: There will not be an increase in the number of people using the facility. Families using the daycare do not leave vehicles in the lot as they are dropping off children and leaving. This building project slightly reduces the current parking. e. The proposed project and use will not have adverse affects on nearby residents. The daycare currently operates from 7 am to 6 pm, Monday through Friday. It is closed on weekends and holidays. The outside play area for the children is located towards the back of the church lot and away from neighboring homes. There would be no change in how the daycare currently operates. D. General Approval Criteria: We understand that the application for the special exception will be evaluated on the ability to meet the requirements and considerations outlined in # 1-7. E. Names and Address of neighboring property owners: see attached. MINUTES PRELIMINARY IOWA CITY BOARD OF ADJUSTMENT MAY 13, 2009 — 5:00 PM EMMA J. HARVAT HALL Members Present: Ned Wood, Terry Hora, Caroline Sheerin, Barbara Eckstein Members Excused: Edgar Thornton Staff Present: Sarah Walz, Sarah Greenwood Hektoen Others Present: Tim Walter, Kate Wildman, Nancy Ringstrom, Devin Dykes RECOMMENDATIONS TO CITY COUNCIL: None. CALL TO ORDER: The meeting was called to order by Chairperson Ned Wood at 5:00 p.m. An opening statement was read by the Chair outlining the role and purpose of the Board and the procedures governing the proceedings. ROLL CALL: Hora, Sheerin, Wood and Eckstein were present. CONSIDERATION OF THE MINUTES FOR JANUARY 14TH AND JANUARY 20TH 2009: Sheerin offered corrections to the January 141h minutes. Eckstein moved to approve the minutes as amended. Sheerin seconded. The motion carried 4-0 (Thornton excused). There were no corrections offered for the January 201h minutes. Sheerin moved to approve the minutes. Iowa City Board of Adjustment May 13, 2009 Page 2 Hora seconded. The minutes were approved 4-0 (Thornton excused). SPECIAL EXCEPTIONS: EXC09-00001: An application submitted by Faith Baptist Church for a special exception to expand its church facility located in the OPD-8 (Planned Development Overlay) at 1251 Village Road. Walz noted that she had distributed to Board members a copy of an e-mail she had received from Lauren Johnson, a resident of the townhouses near the church. She had also distributed a site map given to her by another resident of the same townhomes that indicated the names and addresses of those who are in support of Staff s recommendations for the application. Walz offered a brief summary of the Staff recommendation. According to current zoning code, special exceptions for institutional uses such as churches, daycares, and schools in residential zones can only be granted if the institution is located on a street of a width greater than 28 feet. Walz said that this was not the way the previous zoning code had been written, and that in reviewing this and other applications Staff realized that important language had been dropped from this portion of the code when the most recent zoning code was adopted. Therefore, Staff is recommending an amendment to the zoning code so that already -established institutional uses will be able to make changes that require special exceptions. The amendment will require a transportation review in addition to the ingress/egress and parking lot criteria that are already considerations in granting special exceptions. Walz noted that in this particular instance, the church is located on a 25-foot street; however, that street does not allow parking on either side. As a result, the street actually has the function of a wider street. Walz advised that any recommendation to approve the current application subject to Council approval of the code amendment. Walz said that the church would like to add a large garage/storage building to serve as on -site storage and to house the church's vans. Staff s concern was how to make such a large building fit into the surrounding residential neighborhood. Photographs provided by the church demonstrate how close to the neighboring townhomes the church had originally intended to build the structure. Walz said that the townhomes were unusual in that some of the townhouses actually face onto the church property. Typically, townhouses are usually built to front on a street, which allows for adequate separation due to a 15-20 foot setbacks and another 30-40 feet for the street and street right of way. Some of the residents who live in the townhomes expressed concerned about the proximity of the structure to their property line and the view it would afford from their property. Walz said residents brought these concerns to Staff because they felt the structure would impede their view and they wanted to see a design and location that fit in better with the overall area. Iowa City Board of Adjustment May 13, 2009 Page 3 Staff recommended locating the garage in the back southwest corner of the parking area, rather than along the northwest side. Staff believes that location is more appropriate because the garage would then be viewed only from the back of neighboring properties and because there is already a well established hedge in that area to screen the view of the abutting neighbor. Walz noted that the Multi -family Design Standards ask that the church and garage be sided similarly; however, Staff has suggested not using white siding (as the church is sided in) to avoid an industrial appearance for the shed. The church has expressed a willingness to use siding more akin to that which would be found in a residential neighborhood. Staff believes that with the appropriate siding and placement on the lot, as well as some additional screening around the building to break up its mass, the building could be a good fit for the area. In an aerial photograph of the property, there is a long, white, narrow structure in the location Staff recommends for the garage. Wood asked Walz what this structure is. Walz replied that she did not know and that the structure is no longer there. She noted that there is a 10-foot utility easement along that property line. Hora asked who owned the hedge along that same property line. Walz said that it looked as though the hedges were on the church's property. Walz said there is a requirement in the code for non -conforming parking areas that states that any time a facility such as this is increased by less than 50% the screening for parking areas must come into compliance with code. If the facility was increased by more than 50% then the church would have to come into compliance with all of the parking standards: the design of the parking area, interior plantings, parking terminuses, etc. In this case, Walz said, the church needs only to come into compliance with the screening requirement, and this is something that will be reviewed at the time the building permit is applied for. Walz said there is some screening on the south side of the parking lot, but the north and west sides of the lot will need to be brought into compliance. Sheerin asked how high the existing hedges were. Walz said she believed they were at least six feet high. Walz said the kind of screening that would be required for the parking lot would be to the S-2 standard, which is two to four feet tall. Sheerin asked if the church would be required to keep the current hedge. Walz replied that the Board could add this as a condition. She noted that the hedges on the other side of the lot, adjacent to the townhomes, actually belong to the townhouses and would not be counted in terms of screening for the church parking lot. Walz stated that Staff recommends approval of the application subject to the following conditions: 1) City Council approval of an amendment to the zoning code to allow religious/private group assembly uses along streets with a pavement width narrower than 28 feet. 2) Staff approval of a final design of the garage/storage building showing compliance with the Multi -family Design Standards with regard to siding materials and landscape screening to minimize views of the building. Iowa City Board of Adjustment May 13, 2009 Page 4 3) Location of the garage/storage building at the southwest corner of the parking lot, adjacent to existing landscape. 4) Compliance with the screening requirements for non -conforming parking and loading areas. Hora asked for an explanation as to why a change in the zoning code was necessary if the use and intensity were not being increased by the changes. Walz stated that it is correct that the church's proposal does not increase the intensity of the use. However, she explained, the way that the special exception criteria are written for uses such as churches in a residential zone means a special exception can only be approved if the institution has access from a road greater than 28 feet. Walz said that it is Staff s view that this change to the code was made in error; when the zoning code was updated some language was inadvertently dropped. Hora asked if that requirement applied even though the church was built on a 25 foot street prior to the implementation of the new zoning codes. Walz said that the way the language is currently written it does apply; thus, the need for the change to the zoning code. The new language will look at the capacity of the street in relation to the institution rather than having a blanket requirement of 28 feet. Staff feels this is an error in the code that is punitive in a way it was never intended to be. Wood asked if the Board needed to specify that the existing hedge must remain in place as landscape barrier. Walz said that would be fine to do if it made the Board more comfortable. Sheerin indicated her support for such a requirement, adding that a height requirement might also be necessary. Sheerin asked about the language requiring compliance for the screening for parking and loading areas and what that had to do with this shed. Walz explained that this wording was present because there is a requirement that when additional building space is added to the property the institution must come into compliance with screening requirements for parking and loading areas. Eckstein asked if it has been the practice to date that the vehicles that will be stored in the garage have been stored in the parking lot. Walz said that this was correct. Sheerin asked if there was anywhere else on the lot where the building could be located, perhaps closer to the church. Walz said that she believed that this was the only place to locate it without impinging on the driveway and surface parking. Hora asked why the building could not be located in the center of the lot, making it equidistant from all neighbors and closer to the church. Sheerin asked what the grassy open area behind the church was currently used for. Walz said the church could best answer their questions, though she was aware that the area was used for church activities. She said that Staff would not be opposed to centering the building, and that their primary concern was getting it away from the townhouses given the lack of screening and the fact that the townhomes front toward the church. Eckstein emphasized that the townhomes are quite close the church's suggested location of the garage. Iowa City Board of Adjustment May 13, 2009 Page 5 Hora said it could make a difference which direction the garage faced. Walz said that one way or another some property owner is going to be looking at the long -side of the building. By placing the shed on that side of the lot, it will be the adjacent back -yards that face the shed most nearly, not front -yards, and there is some existing vegetation to provide screening. Walz said there is a difference in distance as well as in expectation of what kinds of buildings one might expect to see from the front -yard versus their back -yard. Hora asked if the 10-foot utility easement would act as the setback for the garage or if an additional setback would be required. Walz said there would be no required setback beyond the easement. There were no further questions for Staff. Wood opened the public hearing and invited the applicant to address the Board. Tim Walter, Pastor of First Baptist Church, stated that the church had been in close communication with Staff and is willing to fully comply with Staffs recommendations. He offered to answer any questions the Board might have. Sheerin asked Walter if the church used the grassy open area. Walter said that it is used extensively and that the original location for the garage was intended to save as much of that area as possible. Eckstein asked if Walter was in agreement with additional landscape requirements proposed by Staff as well as the siding materials and building location. Walter said that the church was in agreement. He noted that the building's size is actually 30x48, not 38x40 as had been previously stated. Walter said the building will be used for vehicle storage as well as storage for mowing equipment and furniture for international students. He noted that the structure shown in the aerial photograph was actually a semi -trailer that had been used as temporary storage but now is gone. Hora asked which direction the building would be facing. Walter said the entrance to the garage would face to the west and the structure would run north to south. Walter noted that the hedges that had been discussed are currently about 12 feet high. Sheerin asked how high the building would be. Walter said it would have 9-10 foot sidewalls. Wood corrected Walter, asking if he did not actually mean that the garage entrance would face the east. Upon consideration, Walter agreed that the entrance would face the east and would run lengthwise from north to south. Eckstein asked if the existing hedges looked healthy. Walter said that they looked quite healthy. There were no further questions for Walter, and Wood invited other speakers to approach the podium. Iowa City Board of Adjustment May 13, 2009 Page 6 Katie Wildman, 3051 Wayne Avenue, #51, said that she lives in one of the townhouses that was to face the structure in the original proposal. Wildman said that she originally had come to object to the proposal, but that she is in full support of the amended proposal with Staff recommendations. She said she certainly wished to support the church as they do many wonderful things, and always have children utilizing the yard -space on church grounds. Wildman said that she had submitted the map that showed the townhouse residents who supported the building location in the Staff recommendations. She thanked Staff for their work on the proposal and their recommendations. She said the neighbors were definitely in support of additional screening, and reiterated that the neighbors want to see the church succeed in its endeavors. Nancy Ringstrom, 62 Deerfield Commons, questioned the fence that had been built years before along the church's property line with the townhomes. She wondered if that fence had been legally built as she had not been consulted prior to its installation. Walz advised that by law property owners can build a fence of four feet or less on any area of their property and that doing so does not require consulting the neighbors. Ringstrom asked why the parking lot at Deerfield Commons appeared to jut into the area owned by the church and questioned where the property line actually was. Walz said that she believes that the property line does change in that area and that it was something that would have been established long ago when the area was subdivided. Ringstrom said that when she purchased the townhome she had assumed that the lots ran parallel to where the parking lot ended and it had been a surprise to her when the fence had been put up so close to her front door. Walz explained that if an action requires a permit, Staff recommends a good neighbor policy to the property owner of informing the neighbors of their intentions. In the case of the garage, Walz said, the church had fully intended to do that prior to Staff recommending it. Back when the fence went in, Walz said, the City would not have had the opportunity to recommend that as no permit was required, and so it would be up to the owner of the property to do so, but would not be required. Walz said this would be no different for any residential owner. Fences are often built between residential properties without notifying neighbors. Devin Dykes, 14 Dunnegan Court, stated that he owned the property adjacent to the hedges in the Staff proposed location for the garage. Dykes asked if the special exception would require the church to maintain the hedges and if a height requirement would be set. Sheerin asked if the hedge is on church property. Eckstein said that it had been agreed for discussion's sake that it was. Walter explained that he believes the hedge was on the property line and that to his knowledge the hedges have never been maintained by the property owner on the other side. Dykes asked again if there would be a height requirement for the hedge since it was the primary mode of screening for the building. Walz said her understanding was that the Board wished to make a condition that the hedge be maintained at a minimum height. Sheerin agreed that this was what the board wished to do, though it was not in the current recommendations. Dykes asked what the number of feet would be for the height requirement. He noted that he is not necessarily against the alternate location for the garage as long as there is a good hedge line. Sheerin asked if the height of the current hedge would be sufficient for Dykes or if he was looking for something higher. Walz said that one thing to consider is that the zoning code has an Iowa City Board of Adjustment May 13, 2009 Page 7 S-3 screening standard for separating different uses, i.e., a residential use from an industrial or commercial use. In that screening standard, the landscape screening is required to be a minimum of six feet at maturity. Sheerin asked if that would be high enough. Walz said that she thinks what the Board must ask itself is: what is reasonable? Sheerin said that if the hedge is currently 12 feet high, then a six foot minimum seems somewhat insufficient. She said she is also a little concerned that it had not been determined to a certainty who owns the hedge. Hora said his question is what happens if the church does not actually own the hedge and the adjoining property is sold; the hedge could then be removed. Eckstein said that her understanding is that the Board is saying that for this garage to be built on this site there must be a screening hedge. She said if Hora's scenario should occur, then the church would be required by the special exception to have a hedge on church property. Walz said that it should be kept in mind that if the property that abuts the church removed the hedge, then they would be intentionally removing their own screening —the screening that was intended to preserve their view. If no one complained, the City would not do anything about the removal of the hedge. However, if one of the neighboring property owners complained to the City that a hedge had been removed, the City would be alerted to take action and would go back and look at the requirements of the special exception and enforce them. Greenwood Hektoen noted that it was not realistic to say that those particular hedges had to be maintained at 12 feet; they could die, or be blown over by a tornado, etc. Walz said that these things happen from time to time with changes of ownership, but that the trigger for enforcement was neighbor complaints. Greenwood Hektoen advised the Board that they could require screening to the S-3 standard or could require these particular hedges; it was their decision. Eckstein asked if screening was understood in the language of the code to mean screening by vegetation, and could not be replaced by a large fence, for example. Walz said that fences can be substituted in certain circumstances, but that in this case she would recommend language for "landscape screening" to the S-3 standard; the S-3 landscape standard would guarantee a height of six feet and requires at least 50% of the plantings to be evergreen. Dykes said that his main question had concerned the height requirement for the hedges. He said he is not opposed to the building as long as the hedge is a decent height. There were no other persons wishing to speak and the public hearing was closed. Hora asked what was required for screening of non -conforming parking. Walz said screening would have to be provided to screen the sides of the parking lot at an S-2 standard, two to four feet in height. The intent of the screening is to provide some separation between properties and to soften the view of a large parking area, as well as to provide a screen from any headlights in the parking lot after dark. In this case, Walz said, it will also provide a dust buffer as the parking lot in question is gravel. Walz noted that these parking lot screening requirements were not a function of the special exception, rather were the result of the change to the property. Walz said Staff makes it a practice to include these requirements in their recommendations just as a way of drawing attention to the issue on the front -side. The Board could not grant relief from that requirement. Hora said he was simply trying to assess the amount of landscaping needed. Iowa City Board of Adjustment May 13, 2009 Page 8 Wood invited a motion. Sheerin asked if the language for the hedge screening had been settled upon. Staff and Greenwood Hektoen read the language for S-3 screening that is found in the code. Eckstein moved to recommend approval of special exception EXC09-00001, an application to allow expansion of a church facility located in the OPD-8 (Planned Development Overlay) at 1251 Village Road subject to the following conditions: 1) A landscape screen be maintained on the south side of the building in compliance with the code's S-3 screening requirements; 2) City Council approval of an amendment to the zoning code to allow religious/private group assembly uses along streets with a pavement width narrower than 28 feet; 3) Staff approval of a final design of the garage/storage building showing compliance with the Multi -family Design standards with regard to siding materials and landscape screening to minimize views of the building; 4) Location of the garage/storage building at the southwest corner of the parking lot, adjacent to existing landscape; 5) Compliance with the screening requirements for non -conforming parking and loading areas. Hora seconded the motion. Sheerin outlined the findings of fact for the Specific Standards. With respect to the requirement that vehicular access to the proposed use is limited to streets with pavement width greater than 28 feet, the finding is that the paving width of Village Road is 25 feet and although the code offers no exception at this time for churches already established along streets that do not meet the 28 foot standard, there is a proposed amendment to the code that would change this requirement. The approval of the application would be subject to changes to the code that allow for street widths of less than 28 feet when considering special exceptions. The proposed garage/storage building will not generate additional traffic to the facility or expand its capacity, so it will not change the existing traffic pattern of the church. Because there is no parking along Village Road, it has a fair amount of traffic capacity. With respect to the setback requirements, the garage/storage building is an accessory structure and is therefore not subject to the principal building setback requirements. Furthermore, the proposed location of the garage is at the northwest corner of the parking area and well behind the rear plane of the building. The rear setback is in excess of 67 feet and the side setback is shown at eight feet. Iowa City Board of Adjustment May 13, 2009 Page 9 The applicant has been asked to change the location of the garage to preserve the view from the townhouses, so it will now be located in the southwest area of the lot as opposed to the original location. With respect to the standard that the proposed use be designed to be compatible to adjacent uses, the garage is going to have different siding than the applicant had requested. The applicant will use horizontal siding in a color that will help the building blend into its surroundings. The structure will not be white, as originally planned, and therefore will not appear as large as it might otherwise. There will be screening to the S-3 level to screen the adjacent property and perimeter screening to the S-2 level to minimize neighboring views of the building. Sheerin outlined the findings of fact for the General Standards. Sheerin said that the proposed specific exception will not be detrimental to the public health, safety, comfort, or general welfare because it will not alter or intensify the use of the church property, and the design will be compatible with neighboring properties. The proposed exception will not be injurious to the use and enjoyment of other property in the neighborhood nor will it diminish or impair property values. There will be no changes to utilities, access roads or drainage. There will be no changes to ingress or egress. Sheerin said the proposed exception conforms in all other respects to applicable regulations or standards of the zone because the south side of the property is screened by a continuous hedge and additional screening will be required between the parking area and the north and west property lines. The applicant will be submitting a final plan and construction drawings to the building official as part of the building permit process. Sheerin stated that the proposed exception will be consistent with the Comprehensive Plan. Sheerin stated that for the reasons she had just outlined, she will be voting in favor of the special exception. Hora said that he concurs with Sheerin's findings of fact and that he too will be voting in favor of this special exception. Eckstein she too favored approval of the exception. She noted that the special exception has no impact on public safety. Wood said he intended to support the proposed exception. He said that the changes that have been made to the plan are excellent and will make it very compatible with the neighborhood and will be an improvement for the property. Iowa City Board of Adjustment May 13, 2009 Page 10 Wood called for a vote on the matter. A vote was taken and the special exception was approved on a vote of 4-0 (Thornton excused). Wood declared the motion approved and stated that any person wishing to appeal the decision to a court of record may do so within thirty days of the decision being filed by the City Clerk's Office. OTHER: Walz informed the Board that Chairperson Ned Wood would be moving to St. Louis after the June 2009 meeting, and that the Board is in need of a replacement for him. BOARD OF ADJUSTMENT INFORMATION: None. ADJOURNMENT: Eckstein motioned to adjourn. Hora seconded. 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