HomeMy WebLinkAbout09-09-2009 Board of Adjustment
AGENDA
IOWA CITY BOARD OF ADJUSTMENT MEETING
WEDNESDAY, SEPTEMBER 9, 2009 - 5:00 PM
CITY HALL- EMMAJ. HARVAT HALL
A. Call to Order
B. Roll Call
C. Consider the June 10, 2009 minutes
D. Special Exception
EXC09-00005: Discussion of an application submitted by AT&T Mobility for a
special exception to allow a construction of a I DO-foot cell phone tower in a
Commercial (CC-2) zone at 925 Highway 6 East. The tower would be located
off Cross Park Avenue, behind the building that houses Tuesday Morning.
E. Board of Adjustment Information
F. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING - OCTOBER 14, 2009
STAFF REPORT
To: Board of Adjustment
Item: EXC09-00005
GENERAL INFORMATION:
Applicant:
Contact:
Property Owner:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
Prepared by: Sarah Walz
Date: September 9, 2009
AT&T Mobility
4300 Market Place, Suite 350
Bloomington MN 55435
Brian Ramirez
1450 NE 69th Place, Suite 57
Ankeny IA 50021
317 -225-6075
Southgate Development
755 Mormon Trek Blvd.
P.O. Box 1907
Iowa City IA 52244-1907
319-337-4195
Special exception to allow a communications tower
in the CC-2 zone.
To construct a 1 DO-foot cell phone tower
(monopole).
925 Highway 6 East, (Off of Cross Park Avenue
behind the Tuesday Morning/Slumberland
building)
2.23 acres (approx.)
Commercial (CC-2)
North: Commercial (CC-2)
South: Residential (RM-12)
East: Commercial (CC-2)
West: Commercial (CC-2)
14-4B-3A, (General Criteria)
14-4B-4E-5 (Specific Criteria for
Communication Transmission Facilities
in Commercial Zones)
August13,2009
2
BACKGROUND:
The applicant, AT&T Mobility, is requesting a special exception to construct a communications tower in the
Community Commercial (CC-2) zone at 925 Highway 6 East. The proposed 100-foot monopole tower would
be located behind the Tuesday Morning/Slumberland building at Pepperwood Plaza along Cross Park
Avenue. The location is approximately 102 feet from the south property line. The 10 x 20-foot lease area for
the cell tower will be surrounded by an 8-foot high vinyl privacy fence. The fence will screen the condensing
units located alongside the tower. All other equipment associated with the cell tower will be housed within
the commercial building. The area is screened from view of the public street by a row of 10-15-foot
arborvitae trees.
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 specific criteria included for Section 14-4B-4E-5
pertaining to communication transmission facilities located in commercial zones in addition to the general
approval criteria for special exceptions as set forth in Section 14-4B-3A.
The applicant's comments regarding each of the specific and general standards are included on the
attached application form. Staff comments related to the specific and general approval criteria are set forth
below.
Specific Standards (14-4B-4E-5) see attached
b(2). The proposed tower serves an area that cannot be served by an existing tower or industrial
property or by locating antennae on existing structures in the area. The applicant must document
attempts to utilize existing structures, towers, or industrial properties within one-half mile of the
proposed tower.
There are no existing towers or industrial properties located in this area that are of sufficient height to
serve as a site for the antennas, and, according to the applicant, none of the commercial structures in the
vicinity are tall enough to mount antennas that would provide service to the area.
The applicant has indicated that AT&T considered co-location on a 60-foot US Cellular tower located at
630 Olympic Court, which provides space for co-location at 39 feet, but that this would not give them
enough height to provide coverage. The tower at Olympic Court was designed to provide U.S. Cellular
coverage (from its antennas mounted at 57-feet) only as far south as Wetherby Park; the applicant is
seeking coverage in an area that extends beyond the park. Ideally AT&T would prefer a 120-foot tower,
but is limited by the Federal Aviation Administration (FAA) to 100 feet.
b(3). The proposed tower will be constructed in a manner that will camouflage the structure and
reduce its visual impact on the surrounding area. Examples of camouflage design include towers
camouflaged as flag poles, monuments, steeples, or the integration of rooftop towers onto
existing buildings, water towers, etc. Rooftop towers must use materials similar to or that blend
in with the structure to which it is attached. Other camouflaged tower structures must be of
similar height and appearance as other such poles.
3
The proposed tower is designed to be inconspicuous. The monopole structure has no guy wires, trusses,
or strobe lighting, which are sometimes associated with cell towers. Antennas are mounted within the
pole and are not visible from the outside.
The applicant has proposed mounting parking lot lighting on the pole at 35-feet. This is significantly higher
than the light poles that are already established on this portion of the property (to the rear of the building.
Because this area of the property is not designed for general public parking and already has lighting, the
proposed lighting may be unnecessary and may cause more of a distraction. However, if the board
believes that there is a public safety benefit to having additional lighting, staff would recommend lowering
the mounting height to match other lighting in this area of the lot. Staff also recommends that the 100-foot
pole have a dark brown or black finish to minimize reflectivity. The applicant is agreeable to these
conditions. The light fixtures will need to meet all lighting standards in the zoning code and will be
reviewed by the Building Department
as part of the site plan review process.
Staff believes that the design of the cell
tower is appropriate given the
surrounding uses. While the height of
the structure will most certainly be
distinguishable from a light pole, staff
believes that the proposed design is
unobtrusive and should not detract from
the surrounding residential and
commercial properties. The presence of
dense landscape screening, which is 15
feet in height, along the property line will
buffer views of the tower from street
level. At the recommendation of staff,
the applicant has provided a photo-
simulation of the appearance of the
tower from Highway 6. Staff has
suggested that the applicant provide a
photo simulation showing the view of
the tower from the residential neighborhood at the public hearing on September 9.
60-foot monopole tower located at 612 Olympic Ct, just west of
Pepperwood Plaza.
An example of a monopole tower design is the USCOC monopole located at the end of Olympic Court .
This pole is 60 feet tall and is located in the CI-1 zone. Despite being significantly taller than surrounding
structures, the pole does not attract attention from surrounding streets (Keokuk, Boyrum, Hwy 6, and
Stevens Drive).
b(4). The proposed tower will be no taller than is necessary to provide the service intended. In
the CC-2 zone. . . communications towers are exempt from the maximum height standards in the
base zone, but under no circumstance may the tower be taller than 120 feet from grade. . . .
The proposed tower would improve coverage primarily in an area of south Iowa City--south of Kirkwood
Avenue and Lower Muscatine Road and east of Gilbert Street. The applicant investigated a 120-foot pole,
but is limited by FAA regulations to a maximum height of 100 feet. The applicant indicated that a height of
less than 100 feet would diminish the quality of the tower's performance, and has provided maps to
demonstrate the variation in coverage at 80, 90, and 100 feet. The coverage maps show improved
coverage for indoor cell phone reception at 90 feet in height. At the 100 foot height improvements are
limited to a small area just south of the Kirkwood and Muscatine and to largely undeveloped area further
south along Sycamore Street.
4
As stated above, the cell tower structure is significantly taller than the light poles that it is designed to
complement, however Staff believes that the monopole design, which has no trusses or guy wires, and
which has antennas mounted flush with the pole is inconspicuous and will not detract from the
surrounding uses. The tower is set back approximately 102 feet from the property line, more than the
required 100 feet from the adjacent residential zone (the residential zone begins at the middle of Cross
Park Avenue). The 8-foot privacy fence proposed in addition to the dense evergreen trees already
established along the property line will screen views of the equipment area from the public street.
b(5). The proposed tower will be set back at least a distance equal to the height of the tower from
any Residential Zone, ID-RS Zone, and ID-RM Zone.
The proposed tower would be set back more than the required 100 feet from the adjacent residential zone
to the south. The location of the cell tower is approximately 102 feet from the south property line along
Cross Park Avenue.
b(6). Any equipment associated with the tower facility will be enclosed in an equipment shed or
building, which must be adequately screened from view of the public right-of-way and any adjacent
residential or commercial property.
Condensing units will be located within an 8-foot high privacy fence. All other equipment associated with
the communications facility will be housed within the adjacent commercial building. A tall, dense row of
evergreen trees along the south property line will provide additional screening of the area.
b(7). The proposed tower will not utilize a back-up generator as a principal power source. Back-up
generators may only be used in the event of a power outage.
The applicant has indicated that there is no back-up generator associated with the site.
b(8). In the CN-1 and CO-1 Zones and in any ID-C Zone that is intended for a future CN-1 Zone,
strobe lighting is prohibited.
The subject site is located in the CC-2 zone and thus is not subject to this restriction. The applicant has
indicated that strobe lighting is not required by the FAA, and their proposed tower will not have strobe
lighting. Staff recommends that a restriction on strobe lighting be a condition of the special exception.
b(9). The proposed tower may be designed and constructed to accommodate up to two additional
users, provided this additional capacity does not prevent the applicant from adequately screening
or camouflaging the use
The applicant has indicated that there will be two additional canisters inside the pole allowing up to two
additional carriers to mount antennas within the pole.
b(10.) If use of the tower is discontinued, the tower and any associated equipment must be
removed by the owner of the tower or the owner of the property within one year of discontinuance
of use.
The applicant has agreed to remove the equipment if use of the tower is discontinued.
General Standards (14-48-3)
1. The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare. The proposed cell tower is set back at least 100 feet from the property line
and external equipment is contained within an 8-foot high privacy fence. The proposed tower meets all the
specific criteria for the special exception.
5
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. Staff believes the proposed design and height is appropriate provided that the tower is set
back a minimum of 100 feet from the property line and screened according to the plan submitted. In
addition, the parking area is screened by a row of tall, dense evergreen trees (arborvitae).The proposed
tower would provide some lighting for the parking lot, which may provide some public safety benefit,
however the lighting must be reviewed and approved by the building department to ensure that the code
standards are met and to minimize excessive lighting or glare from the area.
In staff's opinion, the inconspicuous design of the tower--which has no guy wires, trusses, or strobe
lighting-will not detract from the surrounding uses, and the privacy fence and dense evergreen screening
surrounding the parking area will screen the equipment area from view of the public street and nearby
residential uses. The proposed tower will increase the level of cellular service for residents and businesses
in the area.
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.
In Staff's opinion, the inconspicuous design of the tower along with parking lot screening and privacy fence
surrounding the site should not detract form the development of the adjacent commercial areas nor the
residential property to the south.
4. Adequate utilities, access roads, drainage andlor necessary facilities have been or are being
provided. Adequate electrical and phone service will be provided by the applicant. No improvement is
required in the road or other utilities to serve this use.
5. Adequate measures have been or will be taken to provide ingress or egress designed so as to
minimize traffic congestion on public streets. The use will not generate additional traffic other than for
maintenance of the facility.
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. Any lighting elements for the
proposed tower must be reviewed by the building department to ensure that all lighting standards in the
code are met. Likewise, the final design of the tower is reviewed by the building department to ensure its
structural safety.
7. The proposed use will be consistent with the Comprehensive Plan, as amended. The proposed
structure will not detract from the commercial uses at this location as contemplated by the Comprehensive
Plan.
STAFF RECOMMENDATION:
Staff recommends that EXC07-00009, an application for a communication transmission facility in the CC-
2 zone located at 925 Highway 6 East be approved subject to the following conditions:
. compliance with the site plan and all specifications regarding the tower design and enclosure
submitted as part of this application, including;
· the cell tower will have no strobe lighting;
. the cell tower be finished in dark brown to match other light poles in the park area, or in another color
to be approved by staff;
. any lighting on the pole will be mounted at the same height as the parking area lighting on this portion
of the property (approximately 15 feet);
6
. maintenance of the landscape screening or equivalent S3 screening along the south property line.
ATTACHMENTS:
1 . Aerial views of the proposed location.
2. Specific criteria
3. Location map
4. Coverage maps (4) provided by the applicant
5. Photo simulation provided by the applicant
6. Application materials
Approved by: ~.h-~4 '
Robert Miklo, Senior Planner,
Department of Planning and Community Development
7
Location of proposed cell tower.
Location of proposed cell tower.
8
[Code Section 14-4B-4E-5] Communications towers are allowed by special exception in Public
Zones, the ID-C, CQ-1, CN-1, CH-1, CI-1, CC-2, CB-2, CB-5, and CB-10 Zones and must comply with
the following approval criteria:
(1) If the proposed tower will be located in an ID-C Zone that is intended for a future Neighborhood
Commercial Zone according to the Comprehensive Plan, as amended, then it must comply with any
specific standards listed below for CN-1 Zones.
(2) The proposed tower serves an area that cannot be served by an existing tower or industrial property
or by locating antennae on existing structures in the area. The applicant must document attempts to
utilize existing structures, towers, or industrial properties within one-half mile of the proposed tower.
(3) The proposed tower will be constructed in a manner that will camouflage the structure and reduce its
visual impact on the surrounding area. Examples of camouflage design include towers camouflaged as
flag poles, monuments, steeples, or the integration of rooftop towers onto existing buildings, water
towers, etc. Rooftop towers must use materials similar to or that blend in with the structure to which it is
attached. Other camouflaged tower structures must be of similar height and appearance as other similar
structures allowed in the zone, e.g. towers camouflaged as light poles or utility poles must be of similar
height and appearance as other such poles.
(4) The proposed tower will be no taller than is necessary to provide the service intended. In the ID-C
(except areas intended for CN-1), CH-1, CC-2, CI-1, CB-2, CB-5 and CB-10 Zones, communications
towers are exempt from the maximum height standards of the base zone, but under no circumstance
may the tower be taller than 120 feet from grade. In the CO-1, CN-1, and any ID-C Zone intended for
CN-1, communications towers must comply with the same height standards that would apply to the type
of structure to which they are attached. For example, if the tower is camouflaged as a light pole, flag
pole, or utility pole it must not exceed the height limitation for such structures as specified in the base
zone. If no height standard exists in the code for such a structure, it must be designed to be of similar
height and appearance to other similar or typical structures. If the tower is camouflaged as a chimney or
other similar rooftop structure, the Board may exempt it from the base zone height standards if it is
designed as if it were an integral part of the building and is not out of scale or proportion to other similar
rooftop structures.
(5) The proposed tower will be setback at least a distance equal to the height of the tower from any
Residential Zone, ID-RS Zone, and ID-RM Zone.
(6) Any equipment associated with the tower facility will be enclosed in an equipment shed or building,
which must be adequately screened from view of the public right-of-way and any adjacent residential or
commercial property.
(7) The proposed tower will not utilize a back-up generator as a principal power source. Back-up
generators may only be used in the event of a power outage.
(8) In the CN-1 and CO-1 Zones and in any ID-C Zone that is intended for a future CN-1 Zone, strobe
lighting is prohibited. Therefore, any tower that requires such illumination is prohibited in these zones.
The tower will not be illuminated by strobe lights unless required by federal regulations. If alternatives
are allowed under federal guidelines, strobe lights may not be used.
(9) The proposed tower may be designed and constructed to accommodate up to two additional users,
provided this additional capacity does not prevent the applicant from adequately screening or
camouflaging the use.
(10) If use of the tower is discontinued, the tower and any associated equipment must be removed by
the owner of the tower or the owner of the property within one year of discontinuance of use.
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APPLICATION TO THE
BOARD OF ADJUSTMENlG lJ H:2Ll
SPECIAL EXCEPTIONc
DATE: <3tlL-IO~ PROPERTY PARCEL NO. 00'2"'" 101.-L..\080\0
PROPERTY ADDRESS: Cf2-S 1-\ tf4t\\;J~'-i to ~ I IOWA. G'T'1 \ ,A. S2l..l..l 0
PROPERTY LOT SIZE: 2 .1:2,/ ~S
PROPERTY ZONE: \j~~ I (P~""~A\.--
G-t.-
APPLICANT: Name: A.l ~\ \--\0 &\ u"t't
Address: Lf~ \v\~ 9l.AL~..JSv\\'€: 2.>50
gI.,-(.'.X>!V\II0C,lOt-J tMtV '::;0$435
Phone: t3n) ?-7-5 -L:.o1'5
CONTACT PERSON: Name: ~\A10 ~Ml {Le::t.
(if other than applicant) j 4S0 I\J E:- \o~ Pt..A-CE-, Su I rl5 ;,7
Address:
At.} ,,-eN''!' I I 500'1. ,
Phone: ~''7) z..z-c;. - too,S
PROPERTY OWNER: Name: ~1T\\C...,AtrD ~MflJ1 (9t-1\~..(
(if other than applicant) Address: 195 ~Q~ -r ~ '8\"-"0, t PO &.:,~ lqo4
to WI\. G "tv.' , I 1\ S2"2..t..l4 -\ "107
Phone: ()i9 )'~::'/-41<)<
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: Wu,2..€.\..6;<; CcI-AM.\JN\c.ATloNS ~l L-li'f-
1(.)(/ ~N~L.\V\~ L-IC, t-t'i' {)o\....'€ "-J I
~j~ OOl.,)l~(v\i5Jf ill/::>\oe ~S-rfr0G7
<; TI2-\ f'
MA;L.--
Date of previous application or appeal flied, If any:
~ f--
:i i;:'~
-2-
, "'::)
~.J
Ii: 24
In order for your application to be considered complete, you must provide rE?~-B()!1~es,t~'.a,#.&~t~~
information requested below. Failure to provide this infonnation may defaythe 'heanngi:tJale'
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.
tNFORMA TION TO BE f>>ROVIDED ~Y APPLICANT:
A. Legal descriotion 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.iawacity.iawaassessars.caml
or by calling 319--356-6066.
B. Plot Pian/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 (Le., some uses require landscape screening, buffers, stacking
spaces, etc.)
C. Specific Aooroval Criteria: In order to grant a special exception, the Board must find that
the requested special excepti.on 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 14-4B-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 ~ BE
ADDRESSED, please contact Sarah Walz at 356-5339 or e-mail sarah-walz@iowa-
city.arg. Failure to provide this information will constitute an incomplete application
and may lead to a delay in its consideration before the Board of Adjustment.
Se:c A::rTA-C ~~
(2 y At;es)
b, Communications towers are allowed by special exception in Public Zones, tJ; fl L,
ID-C, CO-l, CN-l, CH-l, CI-l, CC-2, CB-2, eB-S, and CB-l0 Zones and must
comply with the following approval criteria: ~ :3
H.t;ll
~ ~ ~ to' t..-i
(1) If the proposed tower will be located in an ID-C Zone that is intended for a future NeighborhoQ.Q:;~!(
Commercial Zone according to the Comprehensive Plan, as amended, then it must damply wlthfiny
specific standards listed below for CN-l Zones.
(2) The proposed tower serves an area that cannot be served by an existing tower or industrial
property or by locating antennae on existing structures in the area. The applicant must document
attempts to utilize existing structures, towers, or industrial properties within one-half mile of the
proposed tower.
(3) The proposed tower will be constructed in a manner that will camouflage the structure and
reduce its visual impact on the surrounding area. Examples of camouflage design include towers
camouflaged as flag poles, monuments, steeples, or the integration of rooftop towers onto existing
buildings, water towers, etc. Rooftop towers must use materials similar to or that blend in with the
structure to which it is attached. Other camouflaged tower structures must be of similar height and
appearance as other similar structures allowed in the zone, e,g, towers camouflaged as light poles
or utility poles must be of similar height and appearance as other such poles.
(4) The proposed tower will be no taller than is necessary to provide the service intended. In the ID-
C (except areas intended for CN-l), CH-l, CC-2, CI-1, CB-2, CB-S and C8-10 Zones, communications
towers are exempt from the maximum height standards of the base zone, but under no
circumstance may the tower be taller than 120 feet from grade. In the CO-1, CN-1, and any ID-C
Zone intended for CN-l, communications towers must comply with the same height standards that
would apply to the type of structure to which they are attached. For example, if the tower is
camouflaged as a light pole, flag pole, or utility pole it must not exceed the height limitation for such
structures as specified in the base zone. If no height standard exists in the code for such a
structure, it must be designed to be of similar height and appearance to other similar or typical
structures. If the tower is camouflaged as a chimney or other similar rooftop structure, the Board
may exempt it from the base zone height standards if it is designed as if it were an integral part of
the building and is not out of scale or proportion to other similar rooftop structures.
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(5) The proposed tower will be setback at least a distance equal to the height of the tower from any
Residential Zone, ID-RS Zone, and ID-RM Zone.
(6) Any equipment associated with the tower facility will be enclosed in an equipment shed or
building, which must be adequately screened from view of the public right-of-way and any adjacent
residential or commercial property.
(7) The proposed tower will not utilize a back-up generator as a principal power source. Back-up
generators may only be used in the event of a power outage.
(8) In the CN-l and CO-1 Zones and in any ID-C Zone that is intended for a future CN-l Zone,
strobe lighting is prohibited. Therefore, any tower that requires such illumination is prohibited in
these zones. The tower will not be illuminated by strobe lights unless required by federal
regulations. If alternatives are allowed under federal guidelines, strobe tights may not be used.
(9) The proposed tower may be designed and constructed to accommodate up to two additional
users, provided this additional capacity does not prevent the applicant from adequately screening or
camouflaging the use.
(10) If use of the tower is discontinued, the tower and any associated equipment must be removed
by the owner of the tower or the owner of the property within one year of discontinuance of use.
-3-
D. General Approval Criteria: In addition to the specific approval criteria addressed in
"C", the Board must also find that the requested special exception meets the
following general approval criteria or that the following criteria do not apply. In
the space provided below, or on an attached sheet, provide specific information,
not just opinions, that demonstrate that the specific requested special exception
meets the general approval criteria listed below or that the approval criteria are
not relevant in your particular case.
1,
The specific proposed exception will not be detrimental to or endanger the
public health, safety, comfort, or general welfare.
T}.t e P12D1'D~ 100 f L.-\ c., 1+1'" Vb 1...:6: W i '114 I ~-l<l~
tJ\o\,..'1tv~ ANTE..t-.H..JA WI L-L. ~€ f/V( L..-'l WI 'TH IN 'nt E
~U\l)ELII\JCS Or: L--Oc.A.t.--, SlATE AND F€D~L.- \ ~c. ~6tf\IT1A
S\~\,)t:~.\::1>, 1l'\-€; L--l Ct 1+1 ft1L-6 W It-L. ee SeT€:Ac..\!-
&'1' A c,~ DtS'-ANC€ r~lV\ I\1...-L. f>..$) ~i.'JlhJlrVt? 'P?-OPI(j;>.\y
L-.l Nee:: S T'~ T1-T6 Hef(; Iff cJ F Tlf€ U C, ~"'t"POLt; ..
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 and impair property values in the neighborhood,
--
I I+~ l-IG1l-\ f'bL€:., t..JOvu:> Be l.-OCA'TE(:)~,*It\JD AN
e~IST 11\.1 (1 SHofP uJ,! (.~ \IV 1Tl1 ASSOCA AT'8\">
€ Q0 i f M ~ LoC.,..,.T6f.> t..JS I PE: n+e s. ')(. t S TI.vl113v i. \-0 ir-Jc, ..
,it',S A{2. E:-A I S uS:en Pc/fl. wAD \tv <1 -P \J I'\l U'J ^D I IV f1
tjl.( "fl-\'e Ta.J~S o\"=- ~ StWi'Y'I"-.}'1 c.Et-.J~. ~\:;.
A~c 6-........IS-nlVc., LA Cd..t--r POl-'E5S ttV T'tt€: tt.A.Ment~e ~~tN&'
L.o,.... V ~C--l1V i rY .. ,. l\l? I <;. A <:"OHt..I\~1 AL- ~lv:e1::> A~A.
Establishment of the SpeCific proposed exception will not impeae the normal
and orderly development and improvement of the surrounding property for
uses permitted in the district in which such property is located.
""l~ OWI.-'-(' APO\TIOlVAL.. IKV.?raVot--"h.::'NT$ WiLL ~13
3.
A ......tc, H"f' 170 LE
C EN"Tt\L AN 0
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Adequate utilities, access roads, drainage and/or necessary facilities ~ve,,)
been or are being provided. .S::
fi.;, l,7 '\ v...I \ \..,1,,,...- v'Se:. e;. ~ 1<7 r I i\J '-1 1>\ c..c..'eS S (2o,AP$ AN l/
V 'II t- I 1'" Ie? F' I ek,p .\eC.-t'\ N I CJ A.N 5 c,'eN'ei"Z.f-\:1,... ~\.( Vl<,? 1'T
Tl-i-'E ~A.<.-I t-ITt'E> I n: "L 'T"1~E17 ~.6(.2- 2 M()),J'n-l ~cD
fV~2- ,\,,~...J~ I v S l--"\k, N T"E?N Aq-.J c:.€ iN A; '5~v (C€ f1l...vc~,
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5. Adequat& measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets,
o l-J C€ T~ FAci "ill.{ I S Co !-.JS~Ai:)CT'E't::> J f7 \ €-t-o l"'\::.cr\N j C-l AN'S
~-e'f.....fE'''-A:L-L. '-< V \S \ T .,..-1-\ 'E. ~ L- t Tt'E? 1 '1"'0 2 T 1N\"6S
p~ 2. MOtv"'tl"\ ,,~,O'D ~oy:.. 'Y'''''€~T1Vt: M;:htV~~c..t:.
{I--.J k <7-ei2..l..nc.-e 'Iv-vc.lL.
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 applicant
will demonstrate compliance with the specific conditions required for a
particular use as provided in the City Code section 1449 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14--6A through K),]
Ti-\E: r \2-0 VO S~ f'~O.:::.€e:.-T co""' ~~M S 'TtI '1'"WC
A:Y~\CA.~\.)5 l2e,",vLA::T'av S O~ "lIte CCjlV'lY\CV-GtAJ_ (C-2L4)
Zd\oooJ \:S- iN rtt Ct-+ Il IS, T'C 8'6- l-Oc.k\eD.
7. The proposed use will be consistent with the Comprehensive Plan of the
City.
\~ 'PR..c.::>vc;<:-;"e~ \,p-O..).EC-T (S CO}JSiS'TeN-r i..-V/\1+ 'Tr\t
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-6-
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 controlsl
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 14-8C-2C4. 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 appJlcation,
(Section 14-8C-1 EJ 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
14-8C-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:
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MINUTES
IOWA CITY BOARD OF ADJUSTMENT
JUNE 10,2009 - 5:00 PM
EMMA J, HARV A THALL
PRELIMINARY
Members Present: Ned Wood, Terry Hora, Caroline Sheerin, Barbara Eckstein
Members Excused: Edgar Thornton
Staff Present:
Sarah Walz, Sarah Greenwood Hektoen
Others Present:
Roger Lusala, Sue Schmucker, Diane Funk
RECOMMENDATIONS TO CITY COUNCIL:
None.
CALL TO ORDER:
The meeting was called to order by Chairperson Ned Wood at 5:08 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: Eckstein, Sheerin, Wood, and Hora were present.
CONSIDERATION OF THE MINUTES FOR MAY13TH 2009:
Eckstein and Wood offered corrections to the May 13th minutes.
Hora moved to approve the minutes as amended.
Eckstein seconded,
The motion carried 4-0 (Thornton excused).
SPECIAL EXCEPTIONS:
EXC09-00003: 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-l) zone for property located at 1200 S. Gilbert Court.
Iowa City Board of Adjustment
June 10, 2009
Page 2
Walz noted an error in the Staff report that incorrectly identified properties neighboring the
applicant's property as being residential. She said that the property in question is surrounded by
other commercial uses.
Walz explained that the subject property is on the comer of Gilbert Court and Highland Court.
The Mayor's Youth Empowerment Program (MYEP) is applying for a general community
service use, a use typically applied for by non-profit or charitable organizations that assist people
in the community. The CI-I zone is an intensive commercial zone, which typically means there
are uses there that do not generally require the high traffic and visibility of a retail-oriented
community commercial zone. Uses in the CI-I category are of the variety that often require
some kind of outdoor storage or display, or large equipment use. In this particular CI-I zone,
there are a number of automotive repair businesses, as well as other service shops and
warehouse/storage facilities.
Walz explained that the MYEP works with at-risk youth, and with adults with disabilities. They
are requesting the use of the former LaCasa building. Walz referred the Board to the staff report
for detailed information on the services provided by the MYEP, the staffing needs of the agency,
and for details on how clients were transported to and from the site. Walz said that for the most
part the clients are transported to the site by bus or van. The primary traffic generated by the site
will be employee traffic.
Walz said that the current parking area has a non-conforming design and lacks sidewalk. The
site plan shows that the agency can bring the parking lot into conformance by providing the
required screening, providing terminuses at the ends of the parking rows, and by narrowing the
parking lot entrances to City standards, and by providing a sidewalk. These changes, Walz said,
would make it a safer site for the use.
The specific criteria for the general community service use in the CI-I zone are that the 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. Walz advised board members that their task was
to look at the size and scale of the development, the projected traffic generation, and whether
adequate transit and pedestrian facilities are provided in the area.
Staff believes that the proposed use will not alter the overall character of the area. In this
particular neighborhood, there are a number of other community service uses, as well as The
Crowded Closet, a consignment store. Staff believes that the proposed use fits into the
neighborhood because most of the clients coming to the site are transported by bus or van; their
activities are primarily indoors; the hours of operation are typical business hours; and the
proposed site plan shows that the parking area can be brought into conformance with code
requirements.
The general standards require that the health, safety, comfort and general welfare of the public
are not endangered. Walz said that the proposed changes ensure this, especially the changes to
the parking lot.
Iowa City Board of Adjustment
June 10, 2009
Page 3
The second standard requires that the use is not injurious to the enjoyment of other property in
the immediate vicinity. Walz explained that one ofthe programs for the MYEP involves job
training and community service work. Walz said that this neighborhood has a number of
opportunities for the kids to fulfill those obligations.
Walz said that she would not go through all of the other general standards. She said that the
main issue is obviously the parking area, and the need to bring it into conformance. The MYEP
intends to develop the entire building over time. Their plan is to move into the lower level of the
building initially. This will require some office sharing by their staff. As they find access to
more funding, they will finish off the second floor so that some staff can move upstairs into
separate offices. Walz said that at this point, the parking area provides adequate parking for the
staff and for the buses and vans used to transport clients.
Staff recommends that the application for a special exception to allow the general community
service use in the CI-l zone at 1200 S. Gilbert Court be approved subject to general compliance
with the site plan submitted, including compliance with the off-street parking standards and the
installation of sidewalks along the Highland Court and Gilbert Court rights of way.
Wood invited the Board to ask questions of Staff.
Eckstein said that she had a question about what percentage of the MYEP activities took place
outdoors and where such activities would take place on-site. Walz said that in her conversations
with the applicant she was told that the only "outdoor activity" involved getting the clients on
and off of the bus or van. If there was a situation where the children planned on volunteering in
their neighborhood, then getting the kids to and from the site would be the "outdoor activity."
There is nothing along the lines of "outdoor play" considered.
Hora asked where the property line by the sidewalk ended, as it looked like people would be
better off walking in the parking lot as it is now, than walking narrow sidewalks close to the
street.
Walz replied that the parking lot will need to be stepped back about 10 feet, as it currently ends
at the property line.
Hora asked if this meant the applicant was being required to put the sidewalk on their own
property and not on the City's right-of-way. Walz said this was incorrect; the sidewalk will be
on the City's right of way, but the parking lot will be stepped back.
Hora said his concern is not the parking lot. His concern is the traffic on Highland Court and
Gilbert Court and its proximity to the sidewalk.
Walz explained that there is an established sidewalk along Gilbert Court now, but that it just
needs to be more clearly defined as separate from the parking lot. A new sidewalk will be
established on the Highland Court side, and that sidewalk will only be a few feet from the street.
Walz said she believed this was the case for the existing sidewalks on Gilbert Court as well as
Iowa City Board of Adjustment
June 10,2009
Page 4
Highland. Hora said he was unaware there were sidewalks there already. Walz said that there
are sidewalks along Highland but that gaps exist.
Hora said his primary question is whether or not Staff feels there is a safety issue with the
proximity of the sidewalk and the street. Walz said that she felt what made the situation safe was
that the street is not a high speed area and is not highly trafficked.
Eckstein noted that the staff report described the current land use as "vacant." She said that prior
to realizing exactly where the site was, she had thought this meant a vacant lot. Walz said that it
meant there was not an established use on the property.
There were no further questions for Staff, and Wood invited the applicant to speak.
Roger Lusala, 3311 Wintergreen Drive, spoke on behalf of the MYEP.
Wood disclosed that Lusala is the soccer coach of Wood's daughter. He stated that this would
not affect his objectivity in the matter.
Lusala offered to answer any questions from the Board.
Sheerin said that the report states that "most clients" will be brought to the site by bus. She
asked if there would be other clients arriving by car, and, if so, how many Lusala anticipated.
Lusala replied that for their after-school program, the MYEP picks up all of the children by bus.
For the day program, Lusala said, most of the individuals come via city transit, with only one or
two clients dropped offby car. Lusala said that even then, the drop off is usually just one or two
times a week, with MYEP doing the transportation the rest of the week.
Hora asked if the families picked up the clients in the after-school program, or if MYEP
transported them back home. Lusala said that for the after-school program, some are transported
and some are picked up. For the day-program, most clients are transported by the SEATS bus.
Sue Schmucker, 2957 Washington Street, said that she owns property at 1202 Highland Court.
Her property is directly behind the proposed site. She said she has no objection to the
application, but that she did wish to know if there were any Saturday or evening programs at the
facility. Lusala said that there are no regular evening or Saturday programs. He said once a
quarter there may be some sort of activity.
Schmucker asked if MYEP clients are disabled youth or juvenile delinquents. Lusala said that
the majority of clients at that site will be youth and adults with disabilities. Lusala said that the
at-risk programs have the kids working at businesses in the community, and are not concentrated
in their building. Schmucker said that the area is not frequently patrolled by police and that there
have been windows broken in the past. She said she just wanted to make sure there were not
going to be a bunch of kids running around the neighborhood after hours. Lusala said that there
would not be. He said that their operation is from 8 AM to 5 PM, and that clients have staffwith
them at all times. The at-risk clients do not really use the building, as they are connected with
local businesses and MYEP just does the programming.
Iowa City Board of Adjustment
June 10, 2009
Page 5
Wood invited others to speak to the application. No one wished to speak and the public hearing
was closed.
Sheerin asked Hora ifhe felt his question had been satisfactorily answered and he replied that it
had.
Sheerin moved to recommend that application EXC09-00004 be granted a special exception to
allow the location ofa general community service use in the Intensive Commercial (CI-l) zone
for property located at 1200 S. 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.
Greenwood Hektoen noted that Sheerin had said EXC09-00004 rather than EXC09-00003.
Sheerin said that the staff report has the application ending in "4". Walz said that it should have
been EXC09-00003.
Sheerin amended her motion to apply to EXC09-00003.
Hora seconded.
Hora asked if the motion covered the staff recommendations for sidewalks and the parking lots.
Walz explained that the parking issue is a requirement and the sidewalk access is a
recommendation. Hora asked if the motion covered all of the egress, entrances and exits, and
screening. Walz said that it did.
Eckstein said that the proposed use of the site by MYEP is consistent with the neighborhood,
which is commercial but with little daily retail traffic, and is a neighborhood with similar
programs in the vicinity.
Sheerin said that the proposed use will not increase the amount of traffic in the area, because
most of the clients will be traveling to the site by bus.
Sheerin stated that the proposed exception will not be detrimental to or endanger the public
health, safety, comfort, or general welfare because the applicant is going to redesign the parking
area and the submitted site plan shows pedestrian routes from the sidewalk to the entrance as
required by the code. The drive entrances on Gilbert and Highland Courts are both shown as
being reduced to 22 feet and parking terminuses are shown at both ends of each row. The curb
cut for this parking area will be closed off and paving will be removed as required by the code.
The applicant will construct a four-foot sidewalk along Highland Court and clearly define the
existing sidewalk along Gilbert Court.
Sheerin stated that the exception will not be injurious to the use and enjoyment of other property,
and will not substantially diminish other property values in the neighborhood, because the
vehicle traffic to and from the site is limited and the applicant can provide parking for staff and
transportation vans on-site.
Iowa City Board of Adjustment
June 10, 2009
Page 6
The proposed exception will not impede the normal and orderly development of the surrounding
property for the reasons given above relating to traffic and the use of the property. She stated
that adequate utilities, access road and drainage are already in place, and that the parking area
will be brought into conformance with code requirements. Adequate measures have been taken
to provide ingress and egress. The applicant is required to reduce the width of the entrance
drives and curb cuts, and will reconfigure the parking area to improve safety for both vehicles
entering and exiting the site, and for demarcation of pedestrian routes and sidewalks. The
exception conforms with applicable regulations for the zone in which it is to be located and is
consistent with the Comprehensive Plan because it provides a social service program. Sheerin
concluded by saying that for the reasons she had just outlined, she would be voting in favor of
approval.
Hora said that he too would be voting in favor of the amendment for the reasons given by his
colleagues.
Eckstein said that she would be voting in favor as well.
Wood added that he wished to momentarily go back to the specific standards. He said that
because the transportation will be primarily by bus, the programs will be indoors, and the hours
of operation will be confined to the work day, the overall character of the zone will not be
altered, nor will future development for uses for which the zone is primarily intended. Wood
noted that there will be adequate parking. He said that he too will vote in favor of the motion.
A vote was taken and the motion carried 4-0 (Thornton excused),
Wood stated that any person wishing appeal this decision to a court of record may do so within
thirty days after this decision has been filed with the City Clerk's Office.
EXC09-00004: 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,
Walz noted that the church is in the RS-8 zone, and that there are residential properties that abut
the facility. Walz said that this case was somewhat unusual in that it involves a church that
houses a daycare, however the daycare is operated independently from the church: the daycare is
not managed by church members, nor is it managed for the benefit of church members. The
daycare is operated through 4Cs and it is intended to serve the children of families who are
homeless or near homelessness. Staff felt it was appropriate to look at the special exception
standards for both churches and daycares in evaluating this case.
Walz noted that the first standard is one that came up at the May Board of Adjustment meeting.
Similar to the previous case, the street on which this church/daycare is established is a 25-foot
wide collector street with no parking on either side. Walz said that Staff has proposed an
amendment to the City Council. The amendment passed the Planning and Zoning Commission
Iowa City Board of Adjustment
June 10, 2009
Page 7
unanimously, and should go through three considerations by the City Council by the end of July.
The amendment would allow for uses along collector streets and streets less than 28 feet wide,
provided that certain criteria are met. Walz said that if tonight's application was approved, it
would be subject to the amendment being adopted by City Council. Walz said the applicant is
aware of this.
Walz described the proposed addition to the church as a one-story addition of about 1600 square
feet that would extend out from the back of the church. The entrance to the addition will face out
toward Greenwood Avenue, Walz said, and there will be room for transportation vans to
circulate for pick-up and drop-off. There is adequate parking for the use. The majority of
children brought to the daycare are brought by van service, Walz said.
To Staff it seemed unreasonable to bring pedestrian circulation all the way down the drive.
Because the daycare can be accessed through the church, Staff felt it was reasonable to require
only a small piece of sidewalk to be added to allow for direct pedestrian access to the building.
The children, Walz noted, are not typically coming from the neighborhood, given the daycare's
clientele.
Both daycares and churches are subject to the multi-family standards of the zone. Here, Walz
said, that is not a problem, as the vast majority of the parking is at the rear of the facility. The
small amount of parking in the front of the building will require some screening to meet the
multi-family standards. The proposed building addition has all of the features required for the
zone, such as: a covered entrance, windows, construction with similar materials to the original
building, etc.
Walz said the daycare already has plenty of space for the 32 children they serve. The addition is
being added so that the daycare has dedicated space that does not have to be shared with the
church.
The outdoor area is on a level area. Staff recommends striping be provided indicating a clear
path from the outdoor area to the daycare.
Walz said the church meets the setback requirements, and that the addition has been designed to
complement the existing church.
Walz said that the specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare. The addition is just for building space, it is not to
expand the clientele, so there will not be an increase in intensity for the use. Adequate facilities
are present to support the use. Because the addition is small relative to the size of the church, it
should fit into its setting without impact to the surrounding neighborhood.
Walz said that the two-way drive entering onto Greenwood and the one-way exit drive all have
adequate visibility.
Walz said that the church would need to fill in some missing screening for the parking lots.
Iowa City Board of Adjustment
June 10, 2009
Page 8
The proposed use will be consistent with the Comprehensive Plan. The future land use map
shows this as a single-family neighborhood and shows a public or institutional use at the
church's location. Walz said that so long as the use can fit in safely in the neighborhood without
intruding on it, it is an appropriate use.
Staff recommends approval of this special exception to allow the expansion of the daycare
facility in the Medium-Density Residential zone at 405 Myrtle Avenue subject to: 1) City
Council approval of an amendment allowing expansion on streets less than 28 feet wide in some
cases, 2) the required S2 screening in the gapped areas of the parking lot, 3) striping a pedestrian
zone in the parking lot to get to the outdoor play area, and 4) completing the sidewalk connection
between the Myrtle Avenue entrance to the church and the front sidewalk.
Wood asked ifthere were any questions for Staff from the Board.
Hora questioned the requirement of completing the sidewalk as it seemed an unnecessary
requirement to serve those parking in the church parking lot. Walz explained that the sidewalk
expansion was not necessarily to serve those in the parking lot, but to improve pedestrian access
from the neighborhood. She said that a direct pedestrian connection from the street sidewalk to
the front entrance was a requirement of the multi-family standards. Hora said it seemed to him
to be a waste. Walz said that if one was going to the church by bus or by foot, one might need
that complete pedestrian access. She said that it is true that a pedestrian could choose to walk
through a parking lot, but that it is not the preferred way to do things according to the zoning
code. Walz acknowledged that the sidewalk connection is not of particular use to those driving
to the church.
Hora stated that the parking lot in question is an existing parking lot and it seemed wasteful to
him to implement all of the screening standards just because an unrelated 1600 square foot
structure was being added on, when the existing screening had been fine for all of these years.
Walz explained that this is the way things come into conformity with the zoning code. When
properties require special exceptions or building permits, over time, the City steps them toward
compliance. Walz acknowledged that the parking lot screening is in a sense unrelated to the
daycare use, but that it is the opportunity the City has to step the church closer to compliance
with the zoning code. Walz said that while in this situation very little additional screening is
required, the City does not differentiate between that situation and one in which greater effort
and expense is required to achieve conformity. Hora said it just seemed like an undue burden to
put on the church, as the parking lot/sidewalk condition was pre-existing and is not what the
church wishes to alter. He said he understands what the code says and that the Board is
supposed to be following the code, however, he said that sometimes he thinks it is a little bit
exceSSIve.
Greenwood Hektoen said that the applicant could speak to whether or not they think it is
excessive; she said they seemed very willing to make the necessary changes. Hora said he did
not doubt they were willingly complying, but that the changes cost the church money
unnecessarily. He said he realized the Board was not the body to make those kinds of changes.
Walz said that the Comprehensive Plan recommends very strongly for complete pedestrian
Iowa City Board of Adjustment
June 10, 2009
Page 9
access. In this situation, the sidewalk connection is a requirement of the code. Walz said there
are other things in very particular situations where relief can be granted. In terms of pedestrian
access, Walz said, she did not know how Staff could make the determination that no one would
be using that sidewalk and it was therefore unnecessary. Hora said that to his mind, the original
reason behind the sidewalk was to provide handicap access to people accessing the church from
handicap stalls in the parking lot. Walz pointed out that there is also an issue of handicapped
people who will be accessing the facility from the bus system. Hora said he understood there
was no winning this argument, but that he was just venting some of his frustrations.
Eckstein noted that the daycare facility is licensed for 32 children, has capacity for 50 children,
but the outdoor structure only has capacity for 25 children. She said this raised questions in her
mind about the adequacy of the outdoor facility. Walz said that the applicant was present to
answer such questions, but that her understanding was that there are never 25 children in the
outdoor play facility at one time. Walz noted that the daycare was not restricted to using only
the fenced play area; the larger property could be used for play. However, having a fenced
outdoor play area is a requirement for daycares. Eckstein asked if it was the case that by code
the fenced in area had to be a certain size based on the number of children that will be using it.
Walz said it was important to keep in mind that a certain percentage of the kids at the daycare
were infants, and would not be using the outdoor area at all.
Hora asked if it would be necessary to remove a parking stall or two to allow for pedestrian
access striping from the daycare to the outdoor play area. Sheerin said she had concerns about
the safety of that as well. Walz said that the building official could determine whether removal
of a parking space would be necessary to achieve the pedestrian walkway. She said that a site
plan would have to be submitted prior to the issuance of a building permit, and the building
official would check for that at that time. However, she said, the Board could certainly require
the removal of one if they wished. Sheerin asked if the building official would have to take the
safety of children into account when reviewing the site plans, and Walz said that he would.
There were no further questions for Staff, and Wood invited the applicant to address the Board.
Diane Funk, 520 Kimball Road, spoke on behalf of the First Mennonite Church.
Eckstein asked if Funk could speak to the size of the outdoor play area for children and to the
access of it from the daycare. Funk said that they had looked into moving the play area closer to
the addition, but they ran up too close to the property lines. Funk said the location of the play
area was decided on 12 years ago when the daycare first came to the church; the space was
chosen because the play area could be seen from the back door of the church. Funk said the play
area is in the process of being redesigned and is being enlarged by four feet. The square footage
does meet Department of Human Services requirements, Funk said.
As far as access, Funk said, there has never been a problem historically, and the children are
always accompanied to and from the play area. She said that she understood that there were
always safety concerns when traffic is involved. Funk said it is not a high traffic area, and that
unless there is a funeral, the parking lot fills up in the morning and the cars stay there all day.
Iowa City Board of Adjustment
June 10,2009
Page 10
She said she nevertheless felt the striping was a good idea, and that she believed the church
would be amenable to removing a parking space if it was deemed necessary. She reiterated that
she had not heard the daycare express any difficulty in getting the children to and from the
building. She said the amount of cars shown in the aerial photograph of the parking lot in Staffs
presentation was fairly representative of the amount of cars parked in the lot during the week.
The Board had no further questions for Funk.
Wood closed the public hearing and invited discussion from the Board.
Hora asked if any of the other Board members were interested in adding a requirement to remove
parking stalls. Sheerin said that she was fine with considering it.
Hora moved to recommend approval of EXC09-00004, an application for a special
exception to allow expansion of a daycare facility located in the Medium-Density
Residential (RS-8) zone at 405 Myrtle Avenue subject to the following conditions:
1. City Council approval of an amendment to the zoning code allowing religious and
private group assemblies and daycare uses along streets of pavement width
narrower than 28 feet;
2, Required S2 screening of the parking areas, to be determined by the building
official;
3, Striping of the parking lot to indicate designated pedestrian routes between the
daycare facility and the outdoor play facility and the removal of one parking stall in
that area to accommodate the route;
4, The completion of the sidewalk between Myrtle Avenue and the front of the church
building.
Sheerin seconded.
Walz noted that with the new addition, some of the inner row of parking closest to the church
that is currently depicted on the photograph will be removed. She said that the removal of these
spaces makes for a safer opportunity for kids to travel through that area.
Eckstein stated that the proposal will not be detrimental to the public health, safety, comfort or
general welfare of the surrounding neighborhood; nor will it be injurious to the use and
enjoyment of the other property in the immediate vicinity. It will not substantially diminish or
impair property values in the neighborhood. She said the proposed exception will not impede the
normal development or improvement of the surrounding properties for uses permitted in the RS-
8 zone. Utilities and access roads, drainage and other necessary facilities are provided, with the
caveat that City Council must first pass the necessary amendment concerning street widths. The
ingress and egress from the designated area is sufficient and the effect on traffic should not be a
Iowa City Board of Adjustment
June 10,2009
Page 11
factor here. Eckstein said that it is understood that there will be an increase in landscaping to fill
in the gaps along the parking lot and that there will be a sidewalk added from the church to the
public sidewalk at the front of the building. A striped zone will be added to lead from the door
of the daycare facility to the outdoor play facility, which will require the removal of one parking
space.
Hora concurred with the points laid out by Eckstein. He added that the basic use of the facility
will not be changed and the intensity will not be increased, but the addition will make for a better
facility at the current level of intensity.
Sheerin added that the traffic and the vehicle situation will be unchanged by the addition because
for the most part the children are transported to and from the facility by van service. Sheerin
said there is sufficient area in front of the daycare for the necessary circulation and parking of the
transport vehicles. Pedestrian access will be improved by the addition of a sidewalk between the
street and the front of the church. The addition will complement the existing building in terms of
materials and style.
Wood added that the facility already has sufficient space for 50 children, which will be
maintained with the new addition. The outdoor play area will never be used by more than 25
children at one time, Wood noted, even if the number of children at the site approached 50.
Wood stated that there is plenty of parking at the site, and that the traffic flow should not be
affected by the addition. Wood stated that he intended to vote in support of the motion.
The measure passed on a 4-0 vote (Thornton excused).
Wood stated that any person wishing appeal this decision to a court of record may do so within
thirty days after this decision has been filed with the City Clerk's Office.
ELECTION OF OFFICERS:
Walz stated that Wood would be leaving the Board due to relocation. A replacement to serve out
Wood's term as Chair through the end of the 2009 calendar year was needed. Thornton will
continue to serve as Vice-Chair.
Eckstein nominated Sheerin to serve as Chair,
Wood seconded.
There were no other nominations.
A vote was taken and the nomination was approved unanimously (Thornton excused),
BOARD OF ADJUSTMENT INFORMATION:
Iowa City Board of Adjustment
June 10, 2009
Page 12
Walz noted that the August 2009 meeting will be cancelled due to staffing concerns. There will
be a July 2009 meeting if there are applications.
ADJOURNMENT:
Eckstein moved to adjourn.
Sheerin seconded,
The motion carried 4-0 (Thornton excused), and the meeting was adjourned at 6:15 p.m.
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