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HomeMy WebLinkAbout2015-10-22 Info PacketCITY OF IOWA CITY www.icgov.org CITY COUNCIL INFORMATION PACKET MISCELLANEOUS IP1 Council Tentative Meeting Schedule October 22. 2015 IP2 Copy of email response from Asst. to the City Manager to Carol de Prosse: Wage Increase IP3 Memo from City Clerk: KXIC Radio Show IP4 Copy of press release: Satellite voting schedule for City Council election DRAFT MINUTES IP5 Board of Adjustment: September 9 ? City Council Tentative Meeting Schedule IP1 Subject to change October 22, 2015 `m�iil� 1 CITY Or IOWA CITY Date Time Meeting Location Tuesday, October 20, 2015 5:00 AM Special Formal / Executive Session Emma J. Harvat Hall 5:30 PM Work Session Meeting 7:00 PM Formal Meeting Tuesday, November 10, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall 7:00 PM Special Formal Meeting Monday, November 30, 2015 1-6:30 PM Work Session Meeting Ashton House Strategic Planning and Orientation 820 Park Road Tuesday, December 15, 2015 5:00 PM Work Session Meeting Emma J. Harvat Hall Formal Meeting 2016 Meeting Schedule TBD Marian Karr IP2 From: Tom Markus Sent: Wednesday, October 21, 2015 2:54 PM To: 'City Council R All Dept Heads Subject: FW: Wage Increase Attachments: 2015-10-01 Info Packet.pdf fyi From: Simon Andrew Sent: Wednesday, October 21, 2015 2:43 PM To: 'Carol deProsse'; Tom Markus Subject: RE: Wage Increase Hi Carol, Thank you for your email. The attached letter to the Board of Supervisors was provided by the nonprofits concerned about fixed Medicaid reimbursements/revenue vs. increased staffing costs. It was in the 10/01 City Council information packet. The nonprofits are listed at the bottom of the page. This has not been an item on a Council agenda for a formal meeting. Council decided at the 10/06 work session to allow the November 1 increase to go into effect — no vote or formal action was required. On the expense side, calculating wage increases given current staffing levels is a pretty simple calculation for most employers. Data may also be available from other communities in which similar legislation has been enacted. Simon Andrew Assistant to the City Manager City of Iowa City 410 East Washington St. Iowa City, Iowa 52240 (319) 356-5010 simon-andrew@iowa-citV.org From: Carol deProsse [mailto:lonetreefox@mac.com] Sent: Wednesday, October 21, 2015 1:32 PM To: Tom Markus; Simon Andrew Subject: Fwd: Wage Increase Despite having sent this all seven of my representatives on the IC Council, not a one of them has found the time to reply. Can either of you answer the questions for me? I'm sure the answers can be readily found -- or remembered. Thank you. What non -profits are worried about being able to meet their budgets? What small businesses spoke before the Council when this matter was on the agenda? How can a city economic impact analysis mean anything until the wage increase has been in effect for a year at a minimum? Begin forwarded message: From: Carol deProsse <lonetreefox@mac.com> Date: October 20, 2015 1:28:34 PM To: council@iowa-city.org,Tom Markus <tom-markus@iowa-city.org> Subject: Wage Increase Councilors: Would one of you -- perhaps Matt -- please tell me what non -profits are worried about being able to meet then- budgets? 1 would also like to know what small businesses spoke before the Council when this matter was on the agenda'? How can a city economic impact analysis mean anything until the wage increase has been in effect for a year at a minimum? I'm sorry to take up your time with this, but 1 do not have a TV and do not watch the Council meetings. I just know it's been repeated several times by the Mayor that non -profits and some small businesses are worried. Frankly, I don't see the concern about implementation. Instead of paying $7.25 on or after November 2, can't people paying salaries just pay $8.10/hour? Please help. Carol deProsse This attachment omitted from 10/22 packet. Original response sent to Ms. deProsse. ZT-1-7022ME need. Johnson County providers are willing to serve our states most behaviorally and medically challenged individualized in community based settings. Our county should be proud of our rich service tradition and dedication to improve lives of our most vulnerable citizens. v1W suggests employees of these agencies are paid over 50 million dollars in wages and benefits which is redistributed into the businesses in the communities of Johnson County. The significant economic engine th is non-profit organizations in the county should be recognized. Minimum Wage Ordinance: The timeframe of the proposed Johnson County ordinance is to increase the minimum wage to $10.10 per hour by 2017. This proposal was introduced and is "on a fast track for approval" due to the concern from supervisors that the state will not act in a way that protects the needs of minimum wage workers. No dear data has been put forth by Supervisor's that identify the number of employers in Johnson County starting at minimum wage. Assumptions can be made that raising the minimum to $10.10 per hour will cause "wage compression" which is the narrowing of the pay differentials It ,f s between employees in the same job or pay grade or between employees in adjacent pay grades. The impact of wage compression, while hard to measure, should not be underestimated and is the deeper issue of concern to area non -profits. Proposal: Providers of services to people with disabilities in Johnson County are not opposed to paying increase service rates established by. the state of lo ;sTit Mitis2n? that cost containment strategies imn ed the Iowa Legislature and the Governor will be enforced and exceptions to capped rates will not be ap1proved Individuals with disabilities who have the most significant behavioral challenges -and the highest 's individualized service rates -will inevitably be pushed over the cost limit due to wage compression. Provide W11111'"AAW"I.A6 A-wWW.&TA, FI;J ILIA MiLKWAIA 110 1 L;i%. VIA 01KJ- 10WT11 I I i;B I 11-1 L71 Efitt-M-W,11 q I Ell S7; 1 M 1 k4 14,%l 01 r -KA lij to) Ktgq 0114211 Lvrl;�awi, (gam a Lo I I of The following Johnson County providers request the Board of Supervisors reconsider the aggressive timeframe of the minimum wage ordinance. A committee, that includes representation from a Johnson County provider of service to people with disabilities, should be established to clearly understand and identify the implications of a mandated increase. Supervisors should take into account the committee recommendations before voting on any measure that may have unintended negative consequences to the mR st vulnerable citizens of our community: Systems Unlimited Inc. -Iowa City Reach for Your Potential -Iowa City Mayors Youth Empowerment Program (YE) -Iowa City The Arc of Southeast Iowa -Iowa City Caring Hands and More -Iowa City Successful Living -Iowa City CITY OF IOWA CITY IP3 MEMORANDUM'' Date: October 21, 2015 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: KXIC Radio Show At your October 201h work session, and follow-ups conversations, Council Members agreed to the following schedule for the Wednesdav 8AM radio show. Wednesdav October 28 — Mims November 4 — Throgmorton November 11 (pre-recorded November 18 — Dickens November 25 — Hayek December 2 — Mims December 9 — December 16 — December 23 — December 30 - 10am 11 /10) — Payne In addition we are adding a 7:15 — 7:45 AM the first and third Friday of each month: Frrday October 2 — Dobyns October 16 — Dobyns November 6 — Dobyns November 20 — December 4 — Dobyns December 18 — Please remember that KXIC is very flexible with taping the Wednesday sessions ahead of the show. It is the intent of the Friday interviews to be live. U: rad ioshowa ppts. doc Kellie Tuttle From: City of Iowa City<CityoflowaCity@public.govdelivery.com> Sent: Thursday, October 22, 2015 9:45 AM To: Kellie Tuttle Subject: Satellite voting schedule for City Council election 0 SHARE Having trouble viewing this email? View it as a Web page - City of age_ Ciryol IOWA ■ v'� FOR IMMEDIATE RELEASE Date: 10/22/2015 Contact: Marian K. Karr, City Clerk Phone: 319-356-5041 Satellite voting schedule for City Council election The satellite voting schedule has been released by the Johnson County Auditor for the City Council election on November 3, 2015. University of Iowa Hospitals and Clinics, Fountain Lobby 200 Hawkins Drive Thursday, October 29 and Friday, October 30, 10:00 AM to 4:00 PM Iowa City Public Library 123 S. Linn Street, Iowa City, IA Thursday, October 29, 10:00 AM to 6:00 PM Friday, October 30, 10:00 AM to 4:00 PM Sunday, November 1, 12:00 PM to 5:00 PM Polls open on election day, November 3 at 7:00 AM and close at 8:00 PM. A complete list of polling places is available at the Johnson County Auditor's website MINUTES BOARD OF ADJUSTMENT SEPTEMBER 9, 2015 — 5:15 PM EMMA J. HARVAT HALL, CITY HALL PRELIMINARY FM7 MEMBERS PRESENT: Larry Baker, Gene Chrischilles, Brock Grenis, Connie Goeb, Becky Soglin MEMBERS ABSENT: STAFF PRESENT: Susan Dulek, Sarah Walz OTHERS PRESENT: Loren Hoffman, John Roffman, Siobhan Harmon, Keith Weggen, Todd and Carmen Davis CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Grenis outlining the role and purpose of the Board and the procedures that would be followed the meeting. CONSIDERATION OF THE AUGUST 12, 2015 MEETING MINUTES: Soglin moved to approve the minutes. Baker seconded the motion. A vote was taken and the motion carried 5-0 SPECIAL EXCEPTION ITEM EXC14-00008: An application submitted by St Andrews Church to allow a Religious/Private Group Assembly Use (church) in the Planned Development Overlay Low Density Single -Family Residential (OPD -5) zone north of Camp Cardinal Blvd. and east Camp Cardinal Road. Walz began the staff report showing the site plan stating the church will develop on approximately 24 acres of the larger 33.7 acre site. Walz noted that Staff has been working with the applicant on this application for some time to ensure the development satisfies the subdivision and development regulations. Staff and the Planning and Zoning Commission have recommended to City Council to move forward with the subdivision. Walz showed on the site map that the applicant will be required to complete a portion of Camp Cardinal Boulevard up to the point of the turn onto Elder Drive. The subdivision requirements state that the street must be built up to adjacent property so that development can continue in an orderly fashion. There is questions of how the road may develop in the future, if Camp Cardinal will continue or if another road will come across from another direction once more development happens. Therefore it seemed appropriate to Board of Adjustment September 9, 2015 Page 2 of 12 extend Elder Drive and have the church develop off Elder Drive. Walz pointed out some sensitive areas on the property and stated the applicant is avoiding developing on those areas. The church is hoping in the future to sell off part of the property for other development. Walz said that Elder Drive would be built to collector street standards to serve any future development. Walz explained that the standards for locating religious private group assembly purposes usually go into an area with already established neighborhoods all around, this situation is a heavily rural site and somewhat unusual site due to the sensitive features on the site. Walz noted the specific standards beginning with the setbacks required. Staff considers the Elder Drive portion of the property to be the front of the property so the setbacks required from the building are: front 20 feet; side 20 feet, and rear 50 feet. The applicant will exceed these setbacks greatly on all sides. The second standard is the proposed use will be designed to be compatible with adjacent uses. Right now the only adjacent use is Walnut Ridge Subdivision, and the proposed church is some distance from that subdivision. However there may be future residential development around the new church so they need to make sure to preserve those future development sites while developing the church site. The greatest impact that a church brings to a neighborhood is traffic and parking. This church will have two parking areas which will be set in front of the church due to the constraints of the site and amount of grading that would need in other areas of the lot. The parking area and street areas will be landscaped in a way that will have sufficient screening for any future residential developments. There will be some berming on the northern part of the site and a substantial setback for the parking areas. The Board may wish to consider more screening requirements on the north parking area, however any future development in that surrounding area will likely be a cluster, higher density development or a low density development with substantial open spaces to accommodate the terrain of the area. Grenis asked about the east portion of the lot and what was projected for that area. Walz explained that was owned by the church and would not be developed due to the sensitive areas. Walz explained that the main concern is the parking areas and the way they are proposing the setbacks and screening for those areas. As noted in the staff report staff recommends that because the property is in a somewhat rural open setting with woodlands and wetlands, staff recommends that all landscaping comply with the Burr Oak Land Trust list of recommended plant species. (Burr Oak Land Trust provides a list of recommended native and non-native trees and shrubs that are appropriate in development near open space as well as a list of species to be avoided.) Walz noted that in terms of the actual building facilities the church is having to build all those (water main extensions, street extension, etc.) up to the north property line. So this development will not impede future developments in this neighborhood. Staff recommends approval of EXC14-00008 a special exception to allow the establishment of a Religious/Private Group Assembly Use in the Overlay Planned Development/Low Density Single - Family (OPD -5) zone north of Camp Cardinal Boulevard and east of Camp Cardinal Road, subject to following conditions: • Substantial compliance with the site plan submitted. Compliance with all elements of the Conditional Zoning Agreement. Staff approval of the final landscaping plan -landscaping to comply with the Burr Oak Land Trust list of recommended plant species. Board of Adjustment September 9, 2015 Page 3 of 12 Soglin asked for clarification on the site map where Elder Drive will be, the lot that will be retained for the church property including the sensitive areas and the two other lots that will eventually be sold off. She questioned specific standard B and that the proposed use will be compatible with adjacent uses and if the Board was to consider potential uses or just how the adjacent land is being used currently. Walz confirmed the consideration needs to be for potential future uses, which in this case would be residential. Soglin questioned pedestrian access from the north lot. Walz explained the pedestrian access will follow whatever street design is approved for the northern lot. Soglin also asked about bicycle parking for the church. Walz said there is bicycle parking on the plans and the applicant can speak to that for more specifics. Soglin stated there was clearly areas that involve water, such as wetlands, and asked if there were potential issues due to water retention such as safety for future residences. Walz said there was a good distance from the developments and a change in the topography before getting to those wetland areas so there shouldn't be any issues. Goeb asked that if and when the church sells off the additional lots if they could only be residential or could commercial be there. Walz confirmed it can only be residential. Grenis invited the applicant to come forward and address the Board. Loren Hoffman (Hall & Hall Engineers) represents the applicant and addressed the question of bicycle parking. He said there would be bicycle parking racks at both the northern and western parking lots. Hoffman also addressed the unique topography of this lot, stating there was quite a drop off in grade from north to south. Due to that the church will have a walk -out level on the southern side. The parking on the west side of the church will enter on the lower level and those parking on the north side will enter on the main level. He also noted the concerns about parking and transportation with having a church in a neighborhood. This church will be adjacent to a collector street and a quarter mile from an arterial street, so there should not be any cutting through of residential neighborhoods to access the church. He also said that the northern parking lot is in an area where the land is mounded as such that from Elder Drive one will not be able to see the paving. They are proposing berming along Elder Drive and landscaping so that even when cars are parked there they will not be able to be seen from Elder Drive. Hoffman spoke about the retention facilities on the property, stating that the southern basin is intended to be a dry basin and should be drained within 24-48 hours after a rain event. The northerly one will be a wet basin, a farm pond, and be a water source for the wetlands south of that basin. Goeb asked about activities at the church outside of the more traditional weekend services that would be held. John Roffman (St. Andrew's Church) said that Wednesday night is youth night but there is not a daily use of the facility. Grenis opened the public hearing. Seeing none, Grenis closed the public hearing. Baker moved to approve EXC14-00008 a special exception to allow the establishment of a Religious/Private Group Assembly Use in the Overlay Planned DevelopmenVLow Density Single -Family (OPD -5) zone north of Camp Cardinal Boulevard and east of Camp Cardinal Board of Adjustment September 9, 2015 Page 4 of 12 Road, subject to following conditions: • Substantial compliance with the site plan submitted. Compliance with all elements of the Conditional Zoning Agreement. • Staff approval of the final landscaping plan -landscaping to comply with the Burr Oak Land Trust list of recommended plant species. Chrischilles seconded the motion Baker stated that regarding EXC14-00008 he concurs with the findings set forth in the Staff report of September 9, 2015 and conclude that the general and specific criteria are satisfied unless amended or opposed by another Board member he recommends that the Board adopt the findings in the staff report for the approval of this application. Grenis concurred with the findings Soglin concurred and noted it is a difficult site and the applicant has addressed issues. She also noted that for a residential area there is very little connectivity at this time but has met the expectations for the Comprehensive Plan for the area. A vote was taken and the motion passed 5-0. Grenis declared the motion for the special exception approved, noting that anyone wishing to appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. SPECIAL EXCEPTION ITEM EXC15-00013: An application submitted by Kum and Go to establish a Quick Vehicle Service Use (gas station and convenience store) in the Riverfront Crossings -West Riverfront Subdistrict (RFC -WR) zone on Benton St. between Riverside Dr. and Orchard St. Walz showed the zoning map of the area and noted that the property has been recommended for rezoning and is before City Council next week. As part of the rezoning process one of the requirements is for the applicant to dedicate a right-of-way along both Benton Street and Riverside Drive to create an improved streetscape for pedestrians. It will provide for more of a setback for sidewalks and an enhanced landscaping along the street. Walz explained that one of the goals of the Riverfront Crossings Plan is to consolidate curb cuts so there will just be one access point off Riverside Drive and the other access point will be off of Orchard Street, The Riverfront Crossings Plan prompts planners to use secondary streets for secondary access. Walz then showed the site plan, the access point from Riverside Drive will be as far north on the property as possible and the building, in compliance with the Riverfront Crossings Plan, is oriented towards that street and where parking would be visible from Riverside Drive and Benton Street there is a low four foot wall required. Staff is working with Kum and Go and the property owner to the north on Riverside Drive to coordinate the wall and the landscaping to maintain compatibility. Walz showed various renderings of the property from all angles and noted it is an unusual property to work with since there are frontages on three sides of the building (Orchard Street, Benton Street, and Riverside Drive). In the Comprehensive Plan for the Southwest District Board of Adjustment September 9. 2015 Page 5 of 12 this area was shown as future mixed-use development so where a quick vehicle service use is adjacent to a residential zone it calls for S-3 screening which is taller more dense landscape screening. Walz explained that the property being developed to the north is a residential property, but it is not in a residential zone, it is also a mixed-use zone. Kum and Go is required to have a 10 foot setback from the property line and the residential mixed-use is required only a 5 foot setback so Staff is requesting the two properties work together so that the landscaping works well for that area and also with some sort of four foot fencing so that people do not walk thought the landscaped area to get from the residential to the convenience store. Goeb asked about the properties on the other side of Orchard Street, they are currently duplexes and if they would stay that way in future development. Walz said in the South District Plan the future use shows possible mixed-use from the current multi -family. Baker asked about a possible car wash, the plan doesn't currently have one but can it be excluded for the future or would such an addition have to come through the Board in the future. Walz replied that the Board adopts this site plan then they eliminate the passibility of accessory uses on the site in the future. Baker also asked about the curb cut on Riverside Drive and if any thought was given to allowing only a right turn only exit from the property onto Riverside Drive. Walz said it was not a concern, thinking that it would be logical if someone wanted to go north from the site to exit on Orchard Street, onto Benton Street and come to the light to get the controlled turn. Baker noted his concern about turning traffic crossing four lanes on Riverside Drive. Baker questioned the Benton Street fagade and what the requirements would be. Walz said the fapade will go through design review and the Board can add conditions to those requirements. Grenis agreed with Baker that Riverside Drive exit could be an issue and perhaps a right turn only should be required. He also shared concern about traffic coming from the south on Riverside Drive and turning into the property without a dedicated turn lane. Soglin asked about the hours of operation for the Kum and Go. Walz said the applicant could address that question. Grenis questioned Riverside Drive being a busy street and Walz said while it is very busy, it is congested with means drivers are more cautious and it's not a high speed street due to the congestion. Baker asked about traffic accident studies for this particular location. Walz said the crash history was reviewed and there was not an issue at this location and Walz reiterated they are consolidating curb cuts as redevelopment occurs. Baker noted that this particular project would generate more vehicle traffic than the previous business. Soglin asked how many gas bays would be at this location. Walz said the applicant could speak to that, from the site plan it appears maybe 10. Soglin also asked about questions or concerns from neighbors. Walz said the project has been through the rezoning process so public had rights to give input at those times, as well as if they are here tonight. Soglin was just wondering if there was any desire from the public to have only one turn out onto Riverside Drive and more people exiting onto Orchard Street and the amount of Board of Adjustment September 9, 2015 Page 6 of 12 light and traffic that will impact the residents on Orchard Street Baker again asked about the right turn only exit, and if there was a compelling reason to not have a right turn only exit. Walz explained there is also concern about all traffic entering and exiting from Orchard Street as that can be hard to exit from Orchard Street to east bound on Benton Street. Grenis noted that the staff report states that the City Engineers have reviewed the exits/entrances and determined them to be appropriate and safe. Chrischilles said he feels it makes a lot of sense on the Riverside Drive to have the entrance be for traffic coming from the north only and exit to be right turn only to the south. Soglin asked how they could prevent someone who is northbound on Riverside Drive from turning into the business. Chrischilles said his other concern is there needs to be a turn lane there so if someone northbound did want to turn into the property they would not block a whole lane of traffic. Goeb agreed that both the left turn from Orchard Street onto Benton Street and a left turn out onto Riverside Drive are problematic. Chrischilles stated that if it becomes a huge problem at the Orchard Street/Benton Street intersection they could put up a traffic light so believes Riverside Drive is the more pressing problem. Walz suggested to continue with the staff report and then the Board could address some of their questions to the applicant. She said the remaining points of the staff report are to address minimizing the impact to the residential units around the property. Staff recommends approval of EXC15-00013, a special exception to allow a Quick Vehicle Service use in the Riverfront Crossings -West Riverfront Subdistrict (RFC -WR) zone, subject to the following conditions: • Compliance with the Conditional Zoning Agreement • Design Review of final site and building design for compliance with the form -based code, including the coordination of the wall screen and landscaping of the north setback with the adjacent property, S3 landscaping along the west side of the site should be located 10-15 feet from the west property line; and the re -location of the dumpster to a more appropriate location on the site away from the street right-of-way. • Installation of a 4 -foot, durable open -pattern fence along the north property line. Fence may not be galvanized chain link or wood. • No amplified sound on the exterior of the building except for customer service intercom at the gas pumps. • No decorative lighting or lighted signage on the north or west face of the canopy. Grenis opened the public hearing and invited the applicant to come forward and address the Board. Shavon Harmon (Kum and Go representative) came forward to answer some of the Board's questions. She explained that the proposed store design is a new design for Kum and Go and is being proposed currently in 10 locations with hopes to start construction on all 10 sites this fall. The store is 6000 square feet and looks very different from any other convenience stores and have been in the market for over 30 years. This new design is more of a market concept store, it Board of Adjustment September 9, 2015 Page 7 of 12 is a very pedestrian friendly store with a patio on the front, and the interior has made-to-order food services, with seating inside. They will be carrying more grocery items as well, and have moved away from the typical checkout counter that usually has one checkout counter to a new format of several checkout stations throughout the store for better customer service. Harmon noted they are Leed Certified on all their stores, there are bike racks out front and the stores go through the Green Building Council and are the only convenience stores in the United States that are Lead Volume stores. Harmon stated that working with the City Staff has been a great process and have worked together to make sure they are in compliance with all the Riverfront Crossing requirements. Some of those requirements are outside of what Kum and Go would normally do, like having the glass on all sides of the building, which is a change from their current store designs and the other requirement is they are dedicating 10 feet of right-of-way on two sides of the property which is actually nice because the City is working to do a streetscape there. Harmon then discussed the canopy and how it is a new design canopy which is thinner and sleeker than what a usual canopy would look like. It is also not their typical bright red, but rather colors that are more earth tones and will blend in with nature more. The reason for doing so is because they are downplaying the gas station part of this design a bit and focus on the market inside the store. There will be 5 gas dispensers under the canopy, so 10 fueling locations and those dispensers are more than 100 feet from residential properties (they typically do 6 dispensers but have downsized to 5 so they can accommodate the 100 feet requirement). Harmon said this site plan has been an 8 year project for them, they bought the old Sinclair location at auction 8 years ago and about 4 years ago obtained the Brueggers parcel and just recently obtained the last parcel. So currently there are at least two curb cuts on each of those parcels, some more, and Kum and Go has worked very closely with City Planners and Traffic Engineers to plan the new access points and consolidate them. There will just be the one access point on Riverside Drive. Kum and Go originally had an access point on Benton Street, and not on Orchard Street, but the City suggested due to traffic concerns they move the Benton Street access point to Orchard Street and Kum and Go complied. The City has stated that an access point have to be at least 150 feet from an intersection, which is what the current plans show. Harmon noted that 150 feet is about 8 car lengths. She also noted that they did hold a good neighbor meeting and received very positive feedback from area residents. Harmon stated that she met with the developer of the new building (the multi -family project) to the north last week and are working with them to come up with a landscape plan. Goeb asked about the good neighbor meetings and if they are for the residents of the properties or the owners of the properties. Harmon said the notice goes to the owners of the properties. Walz explained that it is up to the property owners to notify the residents. The idea for notifying the owners is to respect the value of their properties, noting that residents may change. Harmon mentioned that they do need a full access on Riverside Drive in order to get trucks in and out of the property, due to the dedication of right-of-way of 10 feet on each side, the property site is tight and need to be able to get the fuel and delivery trucks in and out of the site. Soglin asked about the hours of operation, and when typically a fuel truck would come and how many typical delivery trucks will be visiting the site, Harmon replied that the store would be open 2417 and deliveries start early in the morning and can be throughout the day, latest usually around 3:00 p.m. She said delivery trucks would enter the property and exit the property via Riverside Drive. Chrischilles asked if the fuel trucks could come in from the north on Riverside Drive and then exit on Orchard Street. Board of Adjustment September 9, 2015 Page 8 of 12 Keith Weqqen (Civil Design Advantage) spoke about the site concept and circulation of fuel and delivery trucks. The trucks are quite large and cannot make the turn onto Orchard Street from the site, they must go out onto Riverside Drive. One thing that is very important to Kum and Go in laying out these sites is both vehicular and pedestrian safety so they do not want any fuel or delivery trucks backing up on the site, so it is laid out so that the trucks are always going forward. Orchard Street is too narrow for the delivery truck to turn onto. Chrischilles asked about the size of the delivery trucks. Weggen said it is a semi -truck 65 foot long total. The path the delivery truck would make is to enter the property either from north or south Riverside Drive, park on the north side of the property, deliver merchandise into the store, then circle around the canopy area and exit via the Riverside Drive curb cut. He said on the east side of the canopy there is about 15 feet more space than typical to allow for the trucks to circle there, Soglin asked if the delivery trucks come at a set time. Harmon responded that there is not a set time. Soglin noted her concern for traffic flow with a semi at certain times of the day on Riverside Drive. Chrischilles asked if Kum and Go would be opposed to a right turn only out onto Riverside Drive. Harmon said that with respect to convenience sales and customer behavior and if it's not convenient to enter and exit customers will go elsewhere. Walz noted that the McDonalds on the corner of Riverside Drive and Benton Street was viewed similarly with traffic control and there has not been a great deal of traffic issues with left turns off Riverside Drive into McDonalds, most people do turn at Benton Street and go in that way. It tends to just self -regulate at busy times of day. Baker noted that having just the one curb cut onto Riverside Drive is actually reducing the number of curb cuts compared to the past and could be problematic. Soglin agreed, especially with the construction of the new Brueggers across the street, decisions are being made about curb cuts without knowing what the real traffic concerns might be and what the safety issues might be. Walz noted that the Board can defer the application and ask for additional information if they so choose. Goeb noted that she would like to see more information on the traffic study. Harmon noted that they are developing a larger property, as currently there are three separate parcels and there could be three separate businesses on those properties needing access. She said they have worked closely with Staff on this project for nine months to meet all the requirements. Baker asked about the multi -family building to the north and how close their access point on Riverside Drive would be to the Kum and Go access point. Walz was not sure of the exact distance. Dulek noted that If the Board is concerned about safety regarding traffic flow they should perhaps continue the public hearing and discussion into the next meeting with a motion to defer. Baker said he doesn't want to defer, but will follow the will of the other Board members. Goeb stated she is not against the project, but would like more information on the traffic studies Board of Adjustment September 9, 2015 Page 9 of 12 and the safety so would like to defer. Harmon asked about the vote and thought it was just on the exception of having a quick vehicle service use on the property and that they have been through Planning and Zoning regarding the layout of the property. Walz replied that the Board of Adjustment has findings it has to approve and one of them is the safety and general welfare so that is part of their decision. Chrischilles agreed with Goeb and would like to hear more from the traffic planning division of the City. Grenis said he is ready to proceed given the information presented this evening. Soglin stated she would like more information as well, she would like to see the specifics from the City Engineer regarding the determination that this appropriate and safe. The finding is regarding location, but it does not discuss the volume of traffic regarding the site purpose. Soglin also wants to discuss if this project is approved, and in the future there are traffic concerns/issues, what are possible future remedies. Soglin asked about signage and Walz said they will be required to meet the design standards for that zone. Grenis stated that the public hearing will remain open Weggen asked for specific direction on what the Board is looking for regarding concerns so that they are prepared with all the correct information for the next meeting. Walz said they would convey that to the applicant, and additionally they can request a special meeting of the Board to expedite this application rather than having to wait until the next scheduled meeting. Grenis asked if any other public wished to speak for or against this application. Hearing none, he invited a motion for deferral and setting of a special meeting to continue public discussion. Goeb moved to defer this application until a special meeting could be held Monday, September 14. Chrischilles seconded the motion. Baker noted he will oppose this motion as he feels there is enough information to vote this evening and not sure what information from City Staff will clarify the situation any further. A vote was taken and the motion carried 4-1 (Baker dissenting). SPECIAL EXCEPTION ITEM EXC15-00015: An application submitted by Todd and Carmen Davis to allow a School of Specialized Instruction (Karate school) to be located in the Intensive Commercial (CI — 1) zone at 2001 Stevens Drive. Walz presented the staff report showing a map of the area which is a large parking lot and warehouse type building. She explained that there are many times where a School of Specialized Instruction need a large indoor space with lots of open floor and the cost of the buildings in these mixed zones are more cost-effective than a traditional commercial zone. The concern is to make Board of Adjustment September 9, 2015 Page 10 of 12 sure the area is safe for people to access for the use being proposed. The purpose of a CI -1 zone is to provide areas whose operations that may be characterized by outdoor display and storage of merchandise or by activities and operations conducted in buildings or structures that are not entirely enclosed. The applicant is a Karate school that is already in the area, they are just looking for a larger space. The new building meets all the site standards for the zone with the exception that since it was built for warehouse use they were not required to provide bicycle parking but now that another use is being proposed Staff feels the minimum bicycle parking should be required. The neighboring facilities are a storage facility, which does not generate much traffic and the proposed use (Karate school) does operate outside the normal business hours of the surrounding uses. It will not generate a large amount of traffic and tend to have classes sizes of 10 -20 people. It location exceeds the parking requirement for the use, the minimum parking requirement is just 2 spaces and this location has 12 spaces. Staff feels this is a safe site for the proposed use. Staff recommends that EXC15-00015, an application for specialized educational facility, to be located in the Community Commercial (CI -1) zone at 2001 Stevens Drive be approved subject to an application for a building permit to establish the change in use and provision of 4 required bicycle parking spaces. Goeb asked why this would qualify as an indoor recreational use. Walz said that Staff is contemplating a change in the zoning code requirements for Schools of Specialized Instruction and what qualifies a School of Specialized Instruction versus a yoga studio, which fits under indoor recreation use. Goeb asked if there would be a difference in parking standards and Walz replied yes, but the Karate school would still meet that requirement with their 12 spaces they are providing. Grenis invited the applicant to come forward and address the Board. Todd and Carmen Davis (applicants) came forward to answer any questions the Board may have The Board having no questions for the applicants, Grenis opened the public hearing. Seeing no one, Grenis closed the public hearing. Grenis moved to approve EXC15-00015, an application an application submitted by Todd and Carmen Davis to allow a School of Specialized Instruction (Karate school) to be located in the Community Commercial (CI -1) zone at 2001 Stevens Drive be approved subject to an application for a building permit to establish the change in use and provision of 4 required bicycle parking spaces. Baker seconded the motion. Soglin stated that regarding EXC15-00015 she concurs with the findings set forth in the Staff report of September 9, 2015 and conclude that the general and specific criteria are satisfied unless amended or opposed by another Board member he recommends that the Board adopt the findings in the staff report for the approval of this application. Baker concurred with the findings. A vote was taken and the motion passed 5-0. Grenis declared the motion for the special exception approved, noting that anyone wishing to Board of Adjustment September 9, 2015 Page 11 of 12 appeal the decision to a court of record may do so within 30 days after the decision is filed with the City Clerk's Office. OTHER Baker asked about a previous application, the MidwestOne Bank south of the post office and he thought one of the questions the Board raised was whether they were going to demolish or remove the existing school board building and could not remember the answer. Walz said she could review the minutes to see what the discussion was. Walz reminded the Board that due to the deferral of the Kum and Go application they should not discuss the application with anyone, or each other, until that next meeting and also to refer any media requests to her. Finally, Walz noted that due to the Veteran's Day holiday (Nov. 11) we will hold the November Board of Adjustment meeting on the third Wednesday of the month -November 18. The November and December Board of Adjustment meetings will be held in Meeting Room A of the Iowa City Public Library. ADJOURNMENT: Soglin moved to adjourn. The meeting was adjourned on a 5-0 vote. Z W 2 O � U 7 W Lo pCD W N Q U LL Z 7 O 0 N o z Q F o Q m r W Y x x x x x m N x x x x x W LLI X Xp X X M X X X X X N LLI x X x X o x x x X x N LU x X X X N x x x x x o X X p p x x X o m rn m W o 0 0 0 0 LU W H W z w 0 H LL, U N Y Zm J m O U C6 Z W W d7 Z y J Y W W Q_' U' QQ O W 2 O Z m 0 C7 0 CO r W Y