HomeMy WebLinkAbout08-10-2011 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT MEETING
Wednesday, August 10, 2011 — 5:15 PM
City Hall — Emma J. Harvat Hall
AGENDA
A. Call to Order
B. Roll Call
C. Consider the July 13, 2011 Board Minutes
D. Special Exceptions
1. EXC11- 00006: Discussion of an application submitted by James Truong of Panda
Restaurant Group for a special exception to allow a drive - through restaurant in the
Community Commercial (CC -2) zone at 1035 Highway 1 W.
2. EXC11- 00008: Discussion of an application submitted by McCon Bldg. Corp for a
special exception to allow a drive - through restaurant in the Community Commercial
(CC -2) zone located at 710 Hwy 1 West, east of Hawk Ridge Drive.
3. EXC11- 00007: Discussion of an application submitted by Streb Construction Co., Inc.
for a special exception to allow a concrete manufacturing plant in the General Industrial
(1 -1) zone on Independence Road, north of 4201h Street and south of Liberty Drive.
E. Other
F. Board of Adjustment Information
G. Adjourn
NEXT BOARD OF ADJUSTMENT MEETING: August 17, 2011
STAFF REPORT
To: Board of Adjustment
Item: EXC11 -00006
1035 Highway 1 West
GENERAL INFORMATION:
Prepared by: Nick Benson, Planning Intern
Date: August 10, 2011
Applicant: James Truong
1683 Walnut Grove Ave
Rosemead, CA 91770
626- 799 -9898
Property Owner:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
BACKGROUND:
Wal -mart TRS, LLC
2001 SE 10th St.
PO Box 8050
Bentonville AR 72716
479 - 277 -1348
Special Exception to allow a drive - through facility in
the Community Commercial (CC -2) zone.
To allow establishment of a drive - through restaurant.
1035 Highway 1 West
Lot 2 of Walmart
approximately 1 acre
Undeveloped Community Commercial (CC -2)
North: Commercial (CC -2 & CI -1)
South: Storm water detention for the shopping center
(CC -2) and Undeveloped Intensive Commercial
(CI -1)
and the Iowa City Airport (P -1)
East: Commercial (CI -2)
and the Iowa City Airport (P -1)
West: Undeveloped Commercial (CC -2 & CI -1))
14 -46 -3A (General Criteria), 14 -4C -2K (Drive- through
criteria)
July 14, 2011
The applicant, James Truong, proposes to establish a fast food restaurant with a drive - through
facility on Lot 2 of the Walmart shopping center. The old Iowa City Walmart store stood at this
location until its demolition in June; a new, expanded Walmart recently opened within the same
shopping center. Lot 3 to the east of the subject lot was recently granted a special exception to allow
for the development of a Dairy Queen restaurant with a drive - through.
Properties directly adjacent to the shopping center along Highway 1 are zoned for commercial uses
(CC -2 and CI -1) and public uses (P -1) -the Iowa City Airport (P -1) is located to the south. To the
northwest (on the opposite side of Highway 1) land is developed with residential uses (RS -5 and RM-
20).
The subject lot is actually surrounded on all sides by CC -2 property and vehicle access is provided
along a private drive that serves the entire Walmart shopping center. A portion of the shopping
center's stormwater detention facility borders the site to the south. This detention facility along with
the shopping center's landscaping provides more than 50 feet of separation between the subject
property and the adjacent CI -1 zone.
The site plan shows a proposed 2,448 square -foot restaurant building. The property provides 50
parking spaces for the proposed use. The minimum parking requirement for a restaurant of this size
is 16 spaces.
As stated above, access to Lot 2 is provided from a private drive that circulates around the entire
shopping center —there is no direct access to the subject property from the public street. Two
entrance and exit points along the north and northeastern side of the lot will provide access from Lot
2 to the private drive and existing Walmart parking lot.
Drive - through uses are permitted by special exception only. Drive - through facilities associated with
restaurants are allowed only in the CC -2, Commercial Highway (CH -1) and Central Business Services
(CB -2) zones. The proposed drive through facility is located to the rear of the restaurant, along the
stormwater drainage area. The drive - through lane provides 3 stacking spaces at the order board with
another 4 spaces at the window.
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 -4C-2K pertaining to Drive - Through Facilities, in addition to the
general approval criteria for special exceptions as set forth in Section 14- 413-3A.
The applicant's comments regarding each of the 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- 4C-2K)
1. The number of drive - through lanes, stacking spaces and paved area necessary for the drive -
through facility will not be detrimental to adjacent residential properties or detract from or
unduly interrupt pedestrian circulation or the commercial character of the area where it is
located. To promote compatibility with surrounding development, safe pedestrian access,
and efficient and safe vehicular circulation on the site, the Board of Adjustment may require
certain conditions, including, but not limited to, restricting the location of the drive - through to
rear or side access, requiring directional signage, limiting the number of lanes and /or
amount of paving, and limiting or prohibiting the use of loudspeaker systems.
Staff believes the application satisfies these criteria based on the following findings:
• The proposed site plan shows space for up to seven cars to access the drive - through at
one time before stacking into the easternmost parking area.
• The drive - through is located at the rear of the site, behind the building, and drive -
through vehicle circulation is separated from other traffic entering or exiting Lot 2 as
well as other shopping center traffic.
• Because the property is served by a private drive, the proposed drive - through is unlikely
to have an impact on public rights -of -way.
• Drive - through circulation is directed behind the building, toward other land zoned for
commercial development, such that it is not readily visible from any residential zones.
• The site plan shows that signs are posted at the entrance and exit to the drive - through,
and a "STOP" message is marked on the pavement where the drive - through meets the
northeastern entrance and exit to the subject lot.
• The proposed site plan shows that pedestrian connections from the shopping center
and across Lot 2 are located away from the drive - through. Pavement marking will be
required in this area as part of site plan approval.
2. The transportation system is capable of safely supporting the proposed use in addition to the
existing uses in the area. Evaluation factors include street capacity and level or service,
effects on traffic circulation, access requirements, and pedestrian safety. An adequate
number of stacking spaces must be provided to ensure that traffic safety is not
compromised.
Staff believes the application satisfies this criterion based on the facts provided under #1
(above) and the following findings:
• The property is accessed via a private drive from State Highway 1.
• Because the drive - through is located to the rear of Lot 2, there is ample space for
vehicles to stack before interfering with parking areas.
• The drive - through circulation is not in conflict with pedestrian access to the restaurant —
the site plan shows access from the sidewalk to the outdoor seating area to the north
of the restaurant. The pedestrian crossing in this location is required to have pavement
markings.
3. The drive - through lanes must beset back at least 10 feet from adjacent lot lines and public
rights -of -way and screened from view to the S2 standard. If the drive - through is located
adjacent to a residential use or property zoned residential, it must be screened from view of
these properties to at least the S3 standard. The Board of Adjustment may increase or
reduce these standards according to the specific circumstances affecting the site.
Staff believes the application satisfies this criterion based on the following findings:
• The drive - through lane meets the required set back standards on all sides of the
property.
• The required S2 perimeter screening is provided in these areas. (The screening will
match landscaping throughout the shopping center.)
4. Lighting for the drive - through facility must comply with the outdoor lighting standards set
forth in Article 14-5G and must be designed to prevent light trespass and glare onto
neighboring residential properties.
4
Staff believes the application satisfies this criterion based on the following findings:
• The property lighting will be reviewed by the Building Department as part of the
permitting process. All lighting standards must be met in order for an occupancy permit
to be issued.
• The drive - through area location and traffic circulation for the drive - through are directed
behind the building and away from view of the nearby residential zones.
General Standards (14 -4B-3)
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
In addition to the findings provided under specific criteria above with regard to vehicle access,
drive - through location, and directional signage, staff believes the application satisfies this
criterion based on the following findings:
• Highway 1 and the private drive entrance to the shopping center are designed to
accommodate the levels of traffic generated by CC -2 uses.
• The drive - through lane is located on the southeast rear of Lot 2, such that drive - through
traffic will not back up onto public roads.
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.
In addition to the findings provided under the specific standards and general standard 1,
staff believes the application satisfies this criterion based on the following findings:
• The proposed drive - through facility is located at the rear of the building and is bordered
by undeveloped intensive commercial (CI -1) property and a stormwater detention
facility.
• Views of the drive - through are limited, due to its location and screening provided along
the stormwater facility in addition to perimeter screening around the site.
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 reasons provided above, staff believes the application satisfies this criterion.
4. Adequate utilities, access roads, drainage and /or necessary facilities have been or are being
provided.
Staff believes the application satisfies this criterion based on the following findings:
• All necessary utilities are available at this site.
• The private drive for the shopping center is designed to support the levels of traffic that
will be generated by the commercial shopping center, including the use proposed.
• The Building Official, in consultation with the City Engineer, will review the plan for the
proposed restaurant as part of the larger shopping center development.
• All drainage for the shopping center is directed to the stormwater facility along the east
and south sides of the shopping center.
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 stated above, staff believes the application satisfies this criterion based on the following
finding:
• Traffic from the drive - through will not stack onto public streets or neighboring
properties. Since the drive - through is located to the rear of the rear of the site, with
traffic circulating behind the commercial building, there is ample space for vehicles to
stack before reaching the circular drive for the shopping center.
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.
An application must submitted for final site plan review and building permit. The Building
Official will review the plan to determine that all applicable zoning requirements not
specifically addressed here, including all requirements for lighting and signage, are satisfied.
All applicable zoning requirements must be met in order for a building permit to be issued.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
Staff believes the application satisfies this criterion based on the following finding:
• The Southwest District Plan identifies this area as appropriate for Highway- oriented
commercial development.
STAFF RECOMMENDATION:
Staff recommends approval of EXC11- 00006, a special exception to allow a drive - through facility in
the Community Commercial (CC -2) zone, at 1035 Highway 1 West subject to the following conditions:
• Substantial compliance with the site plan submitted, including signage and pavement
markings indicating the one -way circulation of the drive and marking of the pedestrian
a reas;
• Installation of landscaping along the southern border of the lot and adjacent
stormwater facility as specified in the Walmart site plan;
• Approval by the Building Official of the lighting plan and any signage for the site.
ATTACHMENTS:
1. Location map
2. Proposed site plan
3. Site plan for the Westport/Walmart
4. Application materials
Approved by.
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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EXC ! 1- 0000 b
APPLICATION TO THE ��➢ p,;� "��
BOARD OF ADJUSTMENT
- SPECIAL EXCEPTION -
DATE:JK4y 13' zo (I PROPERTY PARCEL NO. l0/6 3jt` e002_
PROPERTY ADDRESS: lb35 %��Gffw�7�' _4 w
PROPERTY ZONE: CC, 2-
PROPERTY LOT SIZE: I• D S 1r_
APPLICANT: Name: {1 A,s.� �Ni �i�,�,0,4 JZ �ak'ou%
Address: 1G�3 G�/ crvuT �' >�to v� ifvF__
Phone: InZG X99. 9��B
CONTACT PERSON: Name:
(if other than applicant)
Address:y
Phone: A17 20911f
PROPERTY OWNER: Name:
(if other than applicant)
Address: -"
Phone:
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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 -wa/z @iowa- citorg. J,/-- Y-s- r/., a., f" r�
v AeleE Ffr_t,T /f5
Purpose for special exception: Co.yo-Lze fi- Ae/vc . - � ,,o G -
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Date of previous application or appeal filed, if any: —�
C. Specific Approval Criteria
14 -48-4: B, 9, b: Drive - through windows and drive - through lanes are prohibited
a. The drive - through facilities will not be detrimental to adjacent properties or detract from or
unduly interrupt pedestrian circulation or the commercial character of the area. Signage and
striping will be installed to promote safe pedestrian access, and efficient and safe vehicular
circulation on the site. Per the attached site plan, one drive - through lane is proposed which will
provide 7 stacking spaces. A 10' wide "bail -out" lane is also provided adjacent to the drive -
through lane. The drive - through lane entrance is located at the rear of the building and runs
along the east side. Both pedestrian entrances into the building are located opposite of the
drive - through lane.
b. The transportation system is capable of safely supporting the proposed use in addition to the
existing uses in the area. Two access driveways will be provided along the north property line
that will facilitate traffic circulation through the site. With the exception of the drive - through
lanes, all drive aisles are spaced wide enough for two -way travel. The drive - through facility is
adequately separated from the site circulation and will not impact traffic flow.
c. The drive - through lanes will be set back 10 -feet from adjacent lot lines and screened from
view to the S2 standard (per Article 14 -5F, Screening and Buffering Standards). The building will
be spaced 42 -feet from the south property line and 32 -feet from the east property line
d. Lighting for the drive - through facility will comply with the outdoor lighting standards set forth
in Article 14 -5G and will be designed to prevent light trespass and glare onto neighboring
residential properties.
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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.
Z -,F-
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.
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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.
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4. Adequate utilities, access roads, drainage and /or necessary facilities have
been or are being provided.
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5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
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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 14-413 as well as
requirements listed in the base zone or applicable overlay zone and
applicable site development standards (14-5A through K).]
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7. The proposed use will be consistent with the Comprehensive Plan of the
City.
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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- 8,C -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 14-80-1 E, 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 4F, 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 Clark.
Date: V U L "1 J 20 IL �� ' 5i V ►wf
Siidnattu�re(s) )oof,Applicant(s)
Date:, 20,LL_
Signature(i) of Property Owner(s)
If Different than Applicant(s)
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STAFF REPORT
To: Board of Adjustment
Item: EXC11 -00008
710 Highway 1 West
GENERAL INFORMATION:
Prepared by: Nick Benson, Planning Intern
Date: August 10, 2011
Applicant: McCon Building Corp.
1059 Circle Drive
Highland, WI 54543
608- 929 -7737
Property Owner:
Requested Action:
Purpose:
Location:
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning:
Applicable code sections:
File Date:
BACKGROUND:
First American Bank
640 Highway 1
Iowa City, IA 52246
319 - 688 -9300
Special Exception to allow a drive - through facility in
the Community Commercial (CC -2) zone.
To allow establishment of a drive - through restaurant.
710 Highway 1 West
Lot 1 of First American Bank Addition
1.83 acres
Undeveloped Community Commercial (CC -2)
North: Medium - density single - family residential (RS -8)
South: Intensive Commercial (CI -1)
East: Intensive Commercial (CI -1) and CC -2
West: Planned Unit Overlay Medium Density Multi -
Family Residential (OPD /RM20)
14 -46 -3A (General Criteria), 14 -4C -2K (Drive- through
criteria)
July 14, 2011
The applicant, McCon Building Corporation, proposes to establish a Culver's fast food restaurant with
a drive - through facility on Lot 1 of the, First American Bank Addition. First American Bank is located
on Lot 2 to the east of the subject lot.
Properties surrounding Lot 1 are zoned for commercial uses - intensive commercial CI -1 across
Highway 1 to the south and CC -2 and CI -1 to the east. The Lodge student housing is located to the
west in a medium - density multi - family residential (OPD /RM20) zone. Lot 1 is bordered to the north
by a steep hill that is undeveloped and zoned medium- density single family residential (RS -8).
Vehicle access to the subject lot is provided along a private drive that connects to Hawk Ridge Drive,
which provides access to Highway 1. This private drive runs east along the southern border of the
property to the First American Bank parking lot.
The site plan shows a proposed 3,954 square -foot restaurant building. The site plan identifies 51
parking spaces (35 spaces for guests and 16 spaces for employees). The minimum parking
requirement for a restaurant of this size is 26 spaces.
As stated above, access to Lot 1 is provided off of a private drive that runs along the southern border
of the property - there is no direct access to the subject property from the public street. Entrance
and exit points will be located on the southwest and southeast sides of the lot.
Drive - through uses are permitted by special exception only. Drive - through facilities associated with
restaurants are allowed only in the CC -2, Commercial Highway (CH -1) and Central Business Services
(CB -2) zones. The proposed drive - through lane is located on the east, north and west sides of the
building. Culver's drive - through facilities are unique in that guests who order meals are brought their
food by a runner while waiting in an order line. Guests who only order drinks or custard treats are
served at the cashier's window and exit the drive - through from the window. The site plan shows 5
stacking spaces for cars at the menu board, and 6 spaces for cars at the cashier's window. An
additional 5 stacking spaces are provided on the west side of the building for cars waiting for their
meal to be brought to them.
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 -4C-2K pertaining to Drive - Through Facilities, in addition to the
general approval criteria for special exceptions as set forth in Section 14- 413-3A.
The applicant's comments regarding each of the 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 (144C -2K)
1. The number of drive - through lanes, stacking spaces and paved area necessary for the drive -
through facility will not be detrimental to adjacent residential properties or detract from or
unduly interrupt pedestrian circulation or the commercial character of the area where it is
located. To promote compatibility with surrounding development, safe pedestrian access,
and efficient and safe vehicular circulation on the site, the Board of Adjustment may require
certain conditions, including, but not limited to, restricting the location of the drive - through to
rear or side access, requiring directional signage, limiting the number of lanes and /or
amount of paving, and limiting or prohibiting the use of loudspeaker systems.
Staff believes the application satisfies these criteria based on the following findings:
• The proposed site plan shows space for up to sixteen cars to access the drive - through
and order waiting line at one time before stacking into entrance and exit areas.
• Because the property is served by a private drive, the proposed drive - through is unlikely
to have an impact on public rights -of -way.
• The drive - through lane and order waiting line are located around the rear of the site,
behind the building, and drive - through vehicle circulation is separated from parking lot
traffic and other traffic entering or exiting Lot 1.
• The site plan shows pedestrian crossings are located away from the drive - through.
Pavement markings will be required in this area as part of site plan approval.
• Landscaping to the north and northwest of the drive - through lane will comply with S3
screening standards and will provide adequate screening for the adjacent RS -8
residential zone. As previously mentioned, the land directly to the north of the property
is a steep hill which is currently undeveloped. Staff believes any future development
would be high enough above the restaurant's elevation (at least 40 feet) so as to not be
affected by the drive - through lane.
• S2 screening is indicated along the rest of the western edge of Lot 1 adjacent to the
OPD /RM -20 zone. Staff believes it is reasonable to reduce the screening requirement
to S2 standards for the western border of the property. The Lodge student housing to
the west sits significantly above the grade of Lot 1 and staff believes that it will not be
negatively affected by the proposed restaurant and drive - through.
2. The transportation system is capable of safely supporting the proposed use in addition to the
existing uses in the area. Evaluation factors include street capacity and level or service,
effects on traffic circulation, access requirements, and pedestrian safety. An adequate
number of stacking spaces must be provided to ensure that traffic safety is not
compromised.
Staff believes the application satisfies this criterion based on the facts provided under #1
(above) and the following findings:
• The property is accessed from Highway 1 and Hawk Ridge Drive via a private drive.
• Highway 1, Hawk Ridge Drive and the private drive that serves Lot 1 are designed to
accommodate the levels of traffic generated by CC -2 uses.
• Because the drive through is located around the rear of the restaurant, there is ample
space for vehicles to stack before interfering with parking areas.
• The drive - through circulation is not in conflict with pedestrian access to the restaurant —
the site plan shows access from the sidewalk to the outdoor seating area at the front of
the restaurant. The pedestrian crossing in this location is required to have pavement
markings.
3. The drive - through lanes must beset back at least 10 feet from adjacent lot lines and public
rights -of -way and screened from view to the S2 standard. If the drive - through is located
adjacent to a residential use or property zoned residential, it must be screened from view of
these properties to at least the S3 standard. The Board of Adjustment may increase or
reduce these standards according to the specific circumstances affecting the site.
Staff believes the application satisfies this criterion based on the following findings:
• The drive - through lane meets the required set back standards on all sides of the
property.
• The site plan shows the required S3 perimeter screening is provided along the north
and northwest sides of the drive - through. S2 screening is indicated along the rest of the
western edge of the subject property.
4
As previously mentioned, staff believes it is reasonable to reduce the screening requirement
to S2 standards for the western border of the subject lot. The Lodge student housing to the
west sits significantly above the grade of Lot 1 and staff believes that it will not be negatively
affected by the proposed restaurant and drive - through.
4. Lighting for the drive - through facility must comply with the outdoor lighting standards set
forth in Article 14-5G and must be designed to prevent light trespass and glare onto
neighboring residential properties.
Staff believes the application satisfies this criterion based on the following findings:
• The property lighting will be reviewed by the Building Department as part of the
permitting process. All lighting standards must be met in order for an occupancy permit
to be issued.
• The drive - through area will be screened to S3 standards to mitigate potential negative
lighting impacts on the RS -8 zone to the north of the property. As previously mentioned
a steep hill borders the north of the property and is undeveloped at this time. The top
of this hill is high enough above the proposed restaurant's elevation that any potential
future development should not be affected by the lighting for the drive - through.
General Standards (14 -4B-3)
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
Staff believes the application satisfies this criterion based on the findings under specific
standards 1 and 2.
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.
In addition to the findings provided under the specific standards, staff believes the
application satisfies this criterion based on the following findings:
• The proposed drive - through facility is bordered by CC -2 property to the east, an
intensive commercial (CI -1) zone to the south, and an OPD /RM20 zone to the west. 53
landscaping will be used to screen the drive - through lane from the RS -8 zone to the
north and OPD /RM 20 zone to the west. As previously mentioned, the adjacent RS -8
and OPD /RM20 land sits significantly above the grade of Lot 1, and staff believes that
surrounding property will not be detrimentally affected by the proposed restaurant and
drive - through.
• Views of the drive - through are limited, due to its location and screening provided along
the north and west sides of the lot.
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 reasons provided above, staff believes the application satisfies this criterion.
4. Adequate utilities, access roads, drainage and /or necessary facilities have been or are being
provided.
Staff believes the application satisfies this criterion based on the following findings:
• All necessary utilities are available at this site.
• Highway 1, Hawk Ridge Drive and the private drive that serves Lot 1 are designed to
accommodate the levels of traffic generated by CC -2 uses.
5. Adequate measures have been or will betaken to provide ingress or egress designed so as
to minimize traffic congestion on public streets.
As stated above, staff believes the application satisfies this criterion based on the following
finding:
• Traffic from the drive - through will not stack onto public streets or neighboring
properties. Since the drive - through is located along the sides and rear of the site, with
traffic circulating behind the commercial building, there is ample space for vehicles to
stack before reaching the entrances or exits to the subject lot.
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.
An application must submitted for final site plan review and building permit. The Building
Official will review the plan to determine that all applicable zoning requirements not
specifically addressed here, including all requirements for lighting and signage, are satisfied.
All applicable zoning requirements must be met in order for a building permit to be issued.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
Staff believes the application satisfies this criterion based on the following finding.
• The Southwest District Plan identifies this area as appropriate for commercial
development.
STAFF RECOMMENDATION:
Staff recommends approval of EXC11- 00008, a special exception to allow a drive - through facility in
the Community Commercial (CC -2) zone, at 710 Highway 1 West subject to the following conditions:
• Substantial compliance with the site plan submitted, including pavement markings of
the pedestrian areas;
• Approval by the Building Official of the lighting plan and signage for the site.
ATTACHMENTS:
1. Location map
2. Aerial view
3. Proposed site plan
4. Application materials
Approved by: /t�-
Robert Miklo, Senior Planner,
Department of Planning and Community Development
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FILED
APPLICATION TO THE JUL 14
city
BOARD OF ADJUSTMENT '` "� ' 'Y'
SPECIAL EXCEPTION
DATE: 77
PROPERTY PARCEL NO.
PROPERTY ADDRESS:: j' r 6 Yd �Ta" A—,l r f
PROPERTY ZONE: 6C Z
PROPERTY LOT SIZE: -11666 sQ r-
APPLICANT: Name: M ccly. a t "` CO
Address: q CjttC Le L)ILIU�e Ij
Phone: 401?- 9Z 9. 7 73 y j� -6'
CONTACT PERSON: Name; lei � I C L/rU A--R
(if other than applicant)
Address: 5AAlt
Phone: 4Gi�' -_1 773-7 6117
PROPERTY OWNER: Name: -itwd $A,yaC
of other than applicant) ,t
Address:
Phone:
L4�p W1 5110;
Specific Requested Special Exception; please list the description and section.... number in
the zoning code _that addresses the specific epecial 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@jovva- :a
Purpose for speclal exception: ` eA V E – l ht'U
Date of previous application or appeal ;bled, if any: . "SUMP
in
NOTE: Conditions. In permitting a special exceptiori, :the Board may impose appropriate
condition's an- d 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- 8C -2C-4 City Code).
r ers.. Unless otherwise :. determined by the Board, all orders . of the Board snail
expire six (6) months from the date the written decision is filed with the City Clerk,
witless the applicant shall have .taken action within the six (6) month period to
establish the use -or construct the building per 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 -8CA E, 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 -1 F, 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:
pate:,
Date:
ppdadmlri applicafiorFboase :doe
21)
Signatures) of Applicants)
Signatures) of Property Owner(s)
if Different than Applicant(s)
Fit,
ID
JUL 14 2011
City clerk
Iowa City, Iowa
STAFF REPORT
To: Board of Adjustment
Item: EXC11 -00007 Independence Road
Streb Construction
GENERAL INFORMATION:
Prepared by: Sarah Walz
Date: August 10, 2011
Applicant: Streb Construction Co.
18 Commercial Drive
P.O. Box 3327
Iowa City, IA 52246
319- 338 -3498
Contact: Steve Streb, 319 - 631 -5276
Property Owner: Streb Construction Partners
18 Commercial Drive
Iowa City, IA 52246
Requested Action: Approval of a special exception for a Heavy
Manufacturing Use within the General Industrial (11)
zone
Purpose: Establish and operate wet batch concrete plant
Location: Independence Road (Lot 35 Scott Industrial Park);
southeast of the intersection of Liberty Drive and
Independence Road,
Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Applicable code sections:
File Date:
4.12 acres
Vacant lot, Industrial (1 -1)
North: Industrial, 1 -1
South: Industrial, 1 -1
East: County Agricultural
West: Industrial, 1 -1
14- 4B -4C -4 specific criteria for Heavy Manufacturing
uses in the 1 -1 zone; 14- 46 -3A, General Criteria
July 14, 2011
BACKGROUND:
The applicant, Streb Construction Co., proposes to establish a concrete wet batch plant on one half of Lot
35 in a General Industrial (1 -1) zone, southeast of the intersection of Liberty Drive and Independence Road.
Cement batch production is a form of heavy manufacturing that combines various ingredients, including
sand, aggregate (rocks, gravel, etc.) fly ash, pot ash, and cement. The proposed plant is a wet mix
facility, which means that water is added to the dry ingredients at the plant prior to being loaded onto
trucks. This method of mixing concrete reduces dust pollution. Because of the noise and dust typically
associated with concrete manufacturing, as well as the view of storage materials, the zoning code
allows concrete batch /mix plants in the 1 -1 zone by special exception only.
The subject lot is part of the Scott -Six Industrial Park and is surrounded on three sides by other properties
zoned for industrial use (1 -1). The abutting property to the east, which is outside city limits, is zoned for
and operates as an agricultural use. Further to the east additional land is again within city limits and is
zoned for industrial use (1 -1). Approximately 800 feet west of the subject site, along Commerce Drive, land
is zoned for commercial use (CC -2 and CI -1). The nearest residential area is located approximately 2,000
feet to the northwest (Sunset Village Mobile Home Park).
The site plan shows the southern half of the Lot 35 developed with the proposed concrete plant with
towers (max. 53 feet in height) and conveyors located at the rear (east) side of the lot. Aggregate stock
piles are located to the rear of plant. A 16 x 32 office and control building is located in the front of the
plant. According to the site plan, the office building and the batch machinery are portable facilities,
however, approval of the proposed use of the property for cement production would be not temporary—
it would run with the land unless the board specifies a temporary term for the use. (Concrete batch plants
are often locate in proximity to large construction projects, such as the reconstruction of 1 -80. For this
reason they commonly seek and are granted temporary permits.)
Access to Lot 35 would be provided by one ingress and egress point from Independence Road. The site
plans shows 8 automobile parking spaces along the front and side of the office building; cement trucks
would be parked along the eastern edge of the lot, behind the aggregate stock piles. A basin is proposed
on the western edge of Lot 35 along Independence Road to accommodate storm water from the site. The
applicant has indicated that they may want to use the north half of the lot instead. In that case the site
plan would mirror what is shown in this application. The other half of the lot could be made available for
another use.
In 1998, the Board of Adjustment denied an application to locate a concrete batch plant on a lot to the
south of the subject site —at the northeast corner of the intersection of Independence Road and 420`h
Street. In its findings, the Board cited the following reasons for denial:
• The facility would be the first use to go into the newly developed industrial park and might
"discourage other uses from locating in the park ";
• The potential for noise pollution and dust may have a negative impact on nearby agricultural and
residential uses; and
• 420th Street was not in adequate condition for the high level of truck traffic the plant would
generate.
Since that time the industrial zone has more than doubled in size, expanding eastward more than 2,000
feet and to an area north of the railroad along Taft Avenue. In preparation for industrial expansion, the
City reconstructed 4201h street to serve an anticipated increase truck traffic due the expanded zone. The
Southeast District Plan, completed in 2010, designates this area for industrial uses but also considers the
potential conflict between industrial and residential uses to the north. The plan calls for enhanced
landscaping to screen industrial areas. The Plan also calls for a regional park along Snyder Creek to the
north of the railroad in order to provide space to buffer future residential areas from industrial uses to
the south. That portion of the plan is attached for your review.
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 -4C-4 pertaining to Heavy Manufacturing in the 1 -1 Zone 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 (14-4134C-4).
a. The proposed use must be located at least 500 feet from any residentially zoned property.
The nearest residential zone is approximately 2,000 feet of the subject property.
b. All proposed outdoor storage and work areas must be located and screened to adequately reduce
the noise, dust, and visual impact of the proposed use from surrounding properties.
Staff believes the application does not satisfy this criterion based on the following:
The current site plan shows screening along the east and south property line. No screening is shown
along the north or west. The screening specified on the site plan consists of evergreen trees only,
which may not adequately minimize views of the aggregate piles or towers and conveyers and may
allow dust to easily escape the site. Staff believes the application will satisfy this criterion if the
following conditions are met:
• Screening to S3 standard should be provided along all sides of the batch plant area to
screen views of the site and to minimize dust.
• Tall, fast - growing deciduous tree species, such as poplar, should be combined with the
evergreens in order to minimize views of the towers and other equipment and storage at
the facility.
The applicant has agreed to the above terms and will provide a site plan for review at the meeting.
c. Traffic circulation and access points must be designed to prevent hazards to adjacent streets or
property.
Staff believes the application satisfies this criterion based on the following findings:
• The site plan shows access to the concrete batch plant from Independence Road, which is
designed and constructed to support the type of vehicles and traffic associated with industrial
uses.
• In addition, 4201h Street, which runs along the southern boundary of the Scott -Six Industrial Park,
has been upgraded with public utilities, curb and gutters and turn lanes to allow for increased
industrial traffic.
• The office and wet batch plant are located to the rear of the subject lot so that truck movement
on site will not impact adjacent streets.
General Standards (14 -413-3)
1. The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare.
In addition to the findings above regarding traffic circulation and access points (criterion "c "), Staff
believes the application satisfies this criterion based on the following findings:
4
• The proposed plant is located in the middle of the Scott-Six Industrial Park, and all but one
surrounding properties are zoned for industrial use.
• The commercial (CC -2) zone further to the west of lot 35 is located more than 800 feet from the
property.
• The closest residential zone is located approximately 2,000 feet to the northwest of the site.
• The proposed plant is located in an industrial zone and is served by streets designed to support
industrial uses.
• Distance along with the landscape screening recommended by staff should minimize dust and
noise from the site, reduce the visual impact of the towers, and screen views of the outdoor
storage and equipment.
• The wet batch facility is designed to minimize dust normally associated with concrete facilities.
Dust associated with batch plants is regulated by the EPA.
• Staff consulted with the Iowa State Extension Office in Johnson county with regard to impact on
the location of such a facility adjacent to cropland. The crop specialist indicated that he is not
aware of any impacts beyond dust associated with gravel, similar to that of cropland located along
gravel roads.
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 application does not currently satisfy this criterion. Staff believes the application will
satisfy this criterion if the recommended S3 screening is provided along all four sides of the batch
facility and if a taller variety of trees are mixed with the current proposed evergreen screening to
soften views of the facility and to further reduce dust from the site. (See specific criterion "b" above.)
In addition, development of properties within the subject industrial area and southeast Iowa City may
require concrete. The proposed use would therefore provide ready access to the materials needed in
the construction of these facilities.
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.
Staff believes the application satisfies this criterion based on the findings provided in general standard
1 and the following finding:
The area in which the subject property is located is zoned for industrial uses. The
Comprehensive Plan (the Southeast and South Districts) identifies land in this area along
Highway 6, Taft Avenue, and Highway 6 as appropriate for Industrial Uses. The City has
improved the infrastructure in this area of the community in order to support the expansion of
the industrial zone.
The Comprehensive plan addresses potential future development, including residential
development north of the railroad, and the potential for conflict between industrial and
residential uses. The plan calls for any future residential development to be separated from
the industrial areas by an expanse of open space. The plan also calls for enhanced landscape
screening of industrial areas to minimize dust and noise.
4. Adequate utilities, access roads, drainage and /or necessary facilities have been or are being
provided.
Staff believes the application satisfies this criterion based on the following findings:
• All necessary utilities are available at this site.
• Independence Road, along with all other access roads in the Scott -Six Industrial Park are paved
and designed to support the levels of traffic that will be generated by the cement batch plant.
• A storm water basin is proposed on the southwest portion of Lot 35 to accommodate storm
water from the site.
5. Adequate measures have been or will be taken to provide ingress or egress designed so as to
minimize traffic congestion on public streets.
Staff believes the application satisfies this criterion based on the findings under specific criteria
regarding traffic circulation and access points (item c).
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.
An application must be submitted for final site plan review and building permit. The Building Official
will review the plan to determine that all applicable zoning requirements not specifically addressed
here are satisfied. All applicable zoning requirements must be met in order for a building permit to be
issued.
7. The proposed use will be consistent with the Comprehensive Plan, as amended.
The Southeast District Plan identifies this area as appropriate for industrial growth. The plan shows
that future development north of the railroad will include a large, regional park in order to buffer
potential future residential uses from the noise and dust associated with industrial uses. The plan
also calls for enhanced screening of industrial uses to minimize dust and noise and to reduce the
visual impact of large structures.
STAFF RECOMMENDATION:
Staff recommends approval of EXC11- 00007, a special exception to allow a concrete manufacturing
plant in the General Industrial (1 -1) zone on Independence Road, north of 4201h Street and south of
Liberty Drive, subject to the following conditions:
Substantial compliance with the site plan submitted with the addition of the following
landscaping:
• Screening to S3 standards is provided along the northern edge of Lot 35.
• Taller varieties of trees are mixed with the proposed evergreen screen.
o All areas outside the driveway and batch facility and loading area should be landscaped
with turf grass or other appropriate vegetative ground cover.
• Approval is for a wet -batch mix facility only.
6
ATTACHMENTS:
1. Southeast District Plan section regarding industrial expansion
2. Location map
3. Site plan
4. Aerial view of the proposed location
5. Application materials
Approved by: /L��ry�`` A�4
Robert Miklo, Senior Planner,
Department of Planning and Community Development