HomeMy WebLinkAbout03-10-2021 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT
Wednesday, March 10, 2021
Electronic Meeting - 5:15 PM
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Electronic Meeting
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Agenda:
1. Call to Order
2. Roll Call
3. Nomination and selection of Board Chair and Vice Chair
4. Special Exception Item
a. EXC21-0001: An application submitted by Britni Andreassen on behalf of Kum &
Go, LC for a special exception to allow changes to the total outdoor light output
standards for approximately 1.15 acres of property located at 1310 S Gilbert St and
348 Highland Ave.
b. A request submitted by Kum & Go, LC to extend the expiration date to September
101 2021 for EXC19-12, a special exception approved to allow a quick vehicle
servicing use in the Riverfront Crossings -South Gilbert zone, EXC20-03, a special
exception to waive the minimum 2-story building requirement, and EXC20-07, a
special exception waiving the 3-foot parking setback behind the 3rd Street
secondary street fagade and from frontage type and related design requirements for
the north fagade.
5. Consideration of Meeting Minutes: December 9, 2020
6. Adjournment
March 10, 2021
Board of Adjustment Meeting
If you will need disability -related accommodations in order to participate in this meeting, please
contact Kirk Lehmann, Urban Planning at 319-356-5230 or at kirk-lehmann@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: April 14 / May 12 / June 9
Informal: Scheduled as needed.
STAFF REPORT
To: Board of Adjustment
Item: EXC21-0001
Parcel Number: 1015308001, 10153070065
1015307007, 1015307008, 1015307009,
1015307010, 1015307011, 1015307012,
and 1015307013
GENERAL INFORMATION:
Prepared by: Kirk Lehmann, Associate Planner
Date: March 10, 2021
Applicant: Britni Andreassen
Kum & Go LC
1459 Grand Avenue
Des Moines, IA 50309
Contact Person: Nicole Neal
Civil Design Advantage
3405 SE Crossroads Drive, Suite G
Grimes, IA 50111
(515) 369-4410
nicolen@cda-eng.com
Property Owner(s):
Requested Action:
Purpose:
Location:
Location Map:
Kum & Go LC
1459 Grand Avenue
Des Moines, IA 50309
(515) 547-6083
Special exception requesting changes to the total
outdoor light output standards
To allow for a convenience store with fuel sales
1310 South Gilbert Street & 348 Highland Avenue
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Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Applicable Code Sections:
File Date:
BACKGROUND:
1.15 Acres
Commercial; Riverfront Crossings -South Gilbert
(RFC -SG)
North: Commercial; Intensive Commercial (CI-1)
East: Commercial; Intensive Commercial (CI-1)
South: Commercial; Community Commercial (CC-2)
West: Commercial &Residential; Riverfront
Crossings —South Gilbert (RFC -SG)
14-4B-3A: General Approval Criteria
14-413-413-12: Quick Vehicle Servicing
February 12, 2021
The applicant Kum & Go, LC is looking to redevelop two properties located at the northeast corner
of S. Gilbert Street and Highland Avenue as a new convenience store. The site is currently zoned
Riverfront Crossings -South Gilbert (RFC -SG) and includes an existing convenience store and
some smaller commercial buildings. The project began in 2019 and has continued through 2020.
On November 7, 2019, the Planning &Zoning Commission recommended to approve rezoning
the land from Intensive Commercial (CI-1) to Riverfront Crossings —South Gilbert (RFC — SG)
with a 7-0 vote. City Council approved the rezoning and conditional zoning agreement on
December 17, 2019 (Ordinance No. 19-4814) with the following conditions:
1. The applicant must close all access points along S. Gilbert Street and reduce the number
of access points along Highland Avenue to one.
2. The applicant must dedicate additional right-of-way to the City along S. Gilbert Street.
Following the rezoning, Kum & Go received a series of special exceptions. The Board of Adjustment
approved EXC19-12 on January 8, 2020 (recorded January 31, 2020 in Book 6004, Page 400-403
in the Johnson County Recorder's Office) which established a new quick vehicle service use in the
RFC -SG zone. On April 8, 2020 the Board granted EXC20-03 (recorded May 1, 2020 in Book 6036,
Page 313-315 in the Johnson County Recorder's Office), which waived the required 2-story
minimum building height with a condition that the proposed store be built with external building walls
at least 22 feet in height to give the appearance of a 2-story building. Finally, the Board approved
EXC20-07 (recorded July 29, 2020 in Book 6083, Page 791-795 in the Johnson County Recorder's
Office) at its July 15, 2020 meeting. This special exception waived additional standards, including
requirements that surface parking be set back 3 feet behind the 3rd Street building facade and that
the north building face meet frontage type standards and related design requirements. The Board
also approved extensions for all special exceptions following each consideration, the most recent
of which extended the expiration date to July 30, 2021. The applicant is requesting another 6-month
extension to provide a consistent termination date for all approved special exceptions.
Following these approvals, Kum & Go submitted a site plan to the City on December 14, 2020 for
review (SPD20-0008) prior to issuance of a building permit. The review identified that the submitted
photometric plan did not comply with the total outdoor light output standards of Section 14-5G-5
2
which help to limit ambient light in Iowa City. The applicant is now requesting a special exception to
modify this standard to allow a higher maximum total outdoor light output.
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 in Section 14-4134B-12, pertaining to waivers from development standards for
Quick Vehicle Servicing in Riverfront Crossings zoning district, as well as the general approval
criteria in Section 14-4B-3A.
For the Board of Adjustment to grant this special exception request, each of the following criterion
below must be met. The burden of proof is on the applicant, and their comments regarding each
criterion may be found on the attached application. Staff comments regarding each criterion are
set below.
Specific Standards: 14-4B-4B-12j: Waivers from Development Standards for Quick
Vehicle Servicing in RFC Zoning Districts
j. For properties located in the CB-2 zone, CB-5 zone, riverfront crossings district,
eastside mixed use district, or towncrest design review district, where it can be
demonstrated that the proposed quick vehicle servicing use cannot comply with a
specific standard as indicated in subsections 1312h and B12i of this section, the
board of adjustment may grant a special exception to modify or waive the provision,
provided that the intent of the development standards is not unduly compromised.
The board of adjustment may impose any condition or conditions that are warranted
to mitigate the effects of any variation from these development standards.
FINDINGS:
• The property is in the Riverfront Crossings District, so the applicant may request a
waiver from standards outlined in Section 14-413-413-12i of the Zoning Code which
requires that properties in the Riverfront Crossings District comply with the Riverfront
Crossings Form -Based Code.
• The applicant requests a modification to Section 14-2G-1 C regarding the applicability
of certain site development standards. Specifically, the applicant requests that the
maximum total outdoor light output be increased from 100,000 to 200,000 initial
lumens per net acre (Section 14-5G-5C). In effect, this changes the lighting
environment district from an E2 medium ambient lighting to an E3 high ambient lighting
standard.
• The E2 medium ambient lighting district applies to higher density multi -family and
lower intensity commercial and office zones, including its current designation of
Riverfront Crossings — South Gilbert (RFC -SG), in addition to most multi -family (PRM,
RM-20, RM-44, RNS-20) and Riverfront Crossings (except the RFC-WR) zones.
• An E3 high ambient lighting district applies to higher intensity commercial, industrial,
and research zones, including the property's former Intensive Commercial (CI-1)
designation, and the Riverfront Crossings — West Riverfront (RFC-WR), Central
01
Business (CB-2, CB-5, CB-10), and Community Commercial (CC-2) zones, among
others.
• The intent of outdoor lighting standards is to reduce obtrusive aspects of outdoor light
while preserving safety, security, and the nighttime use and enjoyment of property.
Total outdoor light output standards prevent excessive overlighting and light pollution.
• The property is located along the Highway 1 commercial corridor and is near higher
intensity commercial and light industrial properties which are less sensitive to ambient
light and which are in zones that typically use the E3 high ambient lighting standard.
• Additional lighting is typical for special outdoor uses, such as quick vehicle servicing.
While the City's Outdoor Lighting Standards include some exemptions for special
uses, such as outdoor recreational facilities and display lots, it does not include
allowances for vehicle service stations as would be required in this case.
• The Illuminating Engineering Society (IES) provides recommended lighting levels to
ensure adequate illumination and safety for occupants based on use categories and
anticipated users. IES standards recommend a higher level of lighting than what is
currently allowed in the zone due to the proposed use of the site (Service Stations)
and its proposed users (the general public, including those older than 65 years).
• The request does not unduly compromise the intent of the development standards.
General Standards: 14-4B-3: Special Exception Review Requirements:
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• There is an existing convenience store with fuel sales located on this site.
• The Board of Adjustment approved allowance of a new convenience store with fuel
sales at this site (EXC19-12 recorded January 31, 2020 in Book 6004, Page 400-403
in the Johnson County Recorder's Office).
• The Board of Adjustment waived the 2-story minimum building height requirement at
this site with the condition that the external walls of the proposed convenience store
be at least 22 feet in height to give appear like a 2-story building. (EXC20-03 recorded
May 1, 2020 in Book 6036, Page 313-315 in the Johnson County Recorder's Office).
• The Board of Adjustment waived the 3-foot parking setback behind the secondary
street fagade on 3rd Street and frontage type and related design requirements for the
north building face with the condition that the final site plan substantially comply with
the submitted site plan, dated June 23, 2020 (EXC20-07 recorded July 29, 2020 in
Book 6083, Page 791-795 in the Johnson County Recorder's Office).
• The requested waiver will result in more ambient light throughout the site which will
improve safety for employees, customers and others accessing the site.
• As discussed above, IES standards recommend a higher level of lighting than what is
currently allowed in the zone due to the proposed Service Station use and its proposed
users being the general public, including those older than 65 years of age.
• Additional lighting will increase safety, so the proposed exception will not be
detrimental to or endanger the public health, safety, comfort or general welfare.
2. The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood.
4
FINDINGS:
• The new request will not change the use or access to the site.
• The property is along a busy commercial corridor with higher levels of ambient light.
• Nearby properties contain higher intensity commercial or light industrial uses which
are less sensitive to ambient light.
• Nearby properties are in zones that would utilize the E3 high ambient lighting standard,
except for those properties located in the Riverfront Crossings District.
• In this case, higher levels of light are expected primarily to the east and north, rather
than towards mixed use developments to the west.
• A nearby owner raised concerns about lights shining into the windows of apartments
to the northeast (see Attachment 3). The special exception applies only to total light
output, so physical controls which help control glare and minimize light trespass still
apply. The photometric plan shows that light trespass should not affect the
apartments to the northeast.
• Increasing the total outdoor light output to an E3 high ambient lighting standard will
not injure the use and enjoyment of other property in the immediate vicinity, nor will it
negatively impact nearby property values.
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.
FINDINGS:
• Surrounding properties are developed, but they are eligible for redevelopment
under the Riverfront Crossings Form -Based Code.
• Redevelopment of this property and the requested modified standard will not affect
development or improvement of surrounding properties.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• The subject property has access to all necessary utilities and facilities.
• The redevelopment will not require off -site improvements.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• The current site has access off S. Gilbert Street, Highland Avenue, and 3rd Street.
• The proposed redevelopment will improve traffic congestion, ingress, and egress
because the rezoning (Ordinance No. 19-4814) included conditions that all access
points from S. Gilbert Street be closed and only one access point from Highland
Avenue remain open to minimize traffic congestion at the intersection of S. Gilbert
Street and Highland Avenue.
• The proposed exception will provide better nighttime visibility at all site access points.
5
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.
FINDINGS:
• The property has already received several special exceptions which modify standards:
o EXC20-03. Waived the 2-story minimum building height requirement; and
o EXC20-07. Waived the 3 feet setback for surface parking from the north building
fagade; waived the frontage type requirement for the north building face; and
waived several related building design standards for the north building face.
• Staff will ensure compliance with other Zoning Code provisions during site plan review.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The Future Land Use Map in the Comprehensive Plan designates this area for Mixed
Use Development which includes a variety of retail, office, and residential uses.
• The Comprehensive Plan supports urban infill and redevelopment in certain areas of
the City, including in the Riverfront Crossings District.
• The Riverfront Crossings Master Plan calls for a pedestrian scale development in this
area along S. Gilbert Street, with buildings to the front of the street and parking to the
rear. Some plan concepts show a gas station on the corner of S. Gilbert Street and
Highland Avenue. The Plan also calls for a retail/convenience store in this area to
serve local demand. This area is envisioned to be redeveloped with a commercial use.
• The proposal is consistent with the City's Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of EXC21-0001, to change the maximum total outdoor light output
(including both fully shielded and unshielded fixtures) from 100,000 initial lumens per net acre to
200,000 initial lumens per net acre for the properties located at 1310 S. Gilbert Street and 348
Highland Avenue.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Correspondence
4. Application Materials
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
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Kirk Lehmann
From: Cathie Moore<AdvancedElectricCathie@msn.com>
Sent: Friday, February 26, 2021 2:02 PM
To: Kirk Lehmann
Subject: Concerns on Special Exception for 1310 S Gilbert St
Kirk, I am the property owner at 1229 Gilbert Ct. This is kitty-corner from 1310 S. Gilbert St. We have tenants in 3
apartments that would be affected if the lights were allowed to shine into their apartment bedroom windows on the
West and South side of my building. Please let the Board of Adjustments be aware of my concern.
Sincerely,
Catherine Moore
Sent from my iPad
This email is from an external source.
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Kum & Go 3504 Special Exception Application
Specific Approval Criteria
1. Site Lighting
• Requirement: Maximum total outdoor light output (including both fully shielded and unshielded fixtures)
is 100,000 initial lumens per acre. The site would allow 100,397 total lumens.
• Special Exception Request: Allow for maximum total outdoor light output (including both fully shielded
and unshielded fixtures) to be 200,000 initial lumens per acre. The site would allow for 200,794 total
lumens.
Proposed Alternatives & Justification
o Convenience store is an allowed use for the site, but the district does not allow fora specific
convenience store use to meet IES recommended illumination standards for a convenience store
site. IES standards are heavily considered an industry standard and IES recommendations for
minimum lighting levels vary according to specific use. The Riverfront Crossing South Gilbert
medium light levels illuminations limits do not allow the site to be illuminated in accordance with
IES recommended light levels, prohibiting the site from being safely illuminated based on specific
convenience store use, as noted by IES.
o Kum & Go has internal company standards for illuminating a site to function safely and
efficiently. If the current lighting requirement is met, all pole mounted lights would be removed
from the site, all building wall packs would be removed from the site, flagpole lighting, and 21
building overhang recessed lights would be removed from the site, resulting in a site that is not
safely illuminated. With the removal of the lights, the trash enclosure would be inadequately lit
causing a safety concern for employees, the parking spaces on the east side of the site would be
inadequately lit causing a safety concern for employees who are required to park within the
specific spaces as well as patrons of the store, the flagpole would no longer have adequate
lighting and would need to be taken down every evening, and the northern most west parking
spaces along with all entrance drives would no longer be adequately lit and becomes a safety
concern for both pedestrians and vehicles. Meeting the medium lighting levels would not meet
Kum & Go's internal company standards required to run the convenience store safely and
efficiently.
o As a convenience store with fuel sales is an allowed use within the site, convenience stores also
require adequate lighting for both pedestrian and vehicular activity throughout the site. The only
alternative way to accommodate lower lighting levels is to drop well below recommended
industry standards, which results in lighting levels that are deemed to be unsafe.
2. Special Exception Expiration
• Requirement: Special exception expires within 6 months.
• Special Exception Request: Special exception expiration to be extended 6 months.
Proposed Alternatives & Justification: Would like to stay consistent per previously granted special
exception expirations.
3405 SE CROSSROADS DRIVE, SUITE G, GRIMES, IOWA 501 1 1 0 P 51 5+369+4400 0 F 51 5+369+441 0 0 WWW.CDA-ENG.COM
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Kum & Go 3504 Special Exception Application
General Approval Criteria
1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or
general welfare.
This approval will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The
increased total allowed lumens will allow the site to meet industry lighting standards for the specific use. Lighting
is a major component for this site to operate safely. With both pedestrian and vehicular activity highly shared
throughout the site, there is a need for safe and adequate illumination, which current code lighting restrictions do
not allow.
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.
Increasing the total allowed lumens for the site does not substantially diminish and impair property values within
the neighborhood. Inadequate site lighting for the allowed use increases safety concerns of visibility not only
specific to entrance drives where pedestrian circulation directly meets vehicular circulation, but overall site
circulation where both vehicular and pedestrian activity is highly shared at all hours. Increasing total allowed
lumens to meet industry standard to the allowed site use improves the use/enjoyment of other property in the
immediate vicinity and will not diminish neighborhood property values.
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.
The establishment of the specific proposed exceptions will improve the normal and orderly development and
improvement of the surrounding property for uses permitted in the Riverfront Crossing District, as the proposed
special exception will allow for safe and necessary visibility of the site with allowing increase in total allowed
lumens. With the increase in total allowed lumens, it allows the site to meet industry standards to promote a
safely illuminated site.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
All utilities, access roads, drainage, and/or necessary facilities are in place today. The project would not require
extensions of off -site improvements. Vehicular access from S. Gilbert would go away, providing some relief at the
adjacent intersection.
S. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic
congestion of public streets.
Proposed with this project, the Applicant intends to remove existing access points along S Gilbert Street. Removal
of the access point will improve circulation and provide some congestion relief at the nearest intersection to the
south. The increase in total lumens allowed for the site will allow for safer and adequate visibility at entrance
locations where pedestrian and vehicular circulation meets.
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
required for a particular use as provided in the City Code section 14-46 as well as requirements listed in the base
zone or applicable overlay zone and applicable site development standards (14-5A through K) J
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
3405 SE CROSSROADS DRIVE, SUITE G, GRIMES, IOWA 501 1 1 0 P 51 5+369+4400 0 F 51 5+369+441 0 0 WWW.CDA-ENG.COM
ENGINEERS, LANDSCAPE
•-_ ARCHITECTS, CIVIL DESIGN ADVANTAGE L.L.C.
PLANNERS & SURVEYORS
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is to be located. For example, the building will be located within the appropriate setbacks, the building will
conform to code requirements, pedestrian access will be provided, parking will be appropriately setback behind
the secondary south fagade, free-standing screen wall will be provided, additional landscape screening will be
provided, and the site will be illuminated safely based on the specific use which also adheres to industry standards.
7. The proposed use will be consistent with the Comprehensive Plan of the City.
The City's Comprehensive Plan identifies this site as Mixed -use which includes a variety of retail use. The proposed
use of the site will be consistent with City's future Comprehensive Plan.
3405 SE CROSSROADS DRIVE, SUITE G, GRIMES, IOWA 501 1 1 0 P 51 5+369+4400 0 F 51 5+369+441 0 0 WWW.CDA-ENG.COM
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Neighborhood Property Listing of all properties within 300' of Special Exception Site
Name of Property Owner
Property Address
Mailing Adress
Property Class
Property Parcel
1213 Gilbert CT
4472 Cumberland Ln Iowa
1
Catherine Moore
C -Commercial
1015430003
Iowa City, IA 52240
City IA, 52245
1229 GiIber CT
4472 Cumberland Ln Iowa
C - Commercial &
2
Catherine Moore
1015430004
Iowa City, IA 52240
City IA, 52245
M - Multi Residential
Jason Scott Loughran & John
390 Highland Ave. Iowa
1023 Arlington DR. Iowa
3
C -Commercial
1015430005
F Loughran
City, IA 52240
City IA, 52245
Michele M Welter &
408 Highland Ave. Iowa
50 White Oak PI
4
C- Commercial
1015431011
William M Welter
City, IA 52240
Iowa City IA, 52245
391 Highland Ave. Iowa
2580 E Alexis CT Green
5
Joann Marie Schultz
C -Commercial
1015454003
City, IA 52240
Val ley AZ, 85614
1406 S Gi I be rt St.
1877 N Rock Rd
6
Inspire Mex, LLC
C- Commercial
1015392002
Iowa City IA, 52240
Wichita KS, 67206
1404 S Gilbert St. Iowa
12612 W Alameda Pkwy.
7
EVC Iowa City, LLC
C -Commercial
1015392003
City IA, 52240
Lakewood CO, 80228
1401 S Gilbert St. Iowa
131 Main St. Hills
8
Hills Bank & Trust Company
C - Commercial
1015377001
City IA, 52240
IA, 52235
1301 S Gilbert St. Unit 1
3855 Locust Ridge RD NE
9
1301 Gilbert LLC
C -Commercial
1015313001
Iowa City IA, 52240
North Liberty IA, 52317
1301 Gi I be rt LLC 1225
3855 Locust Ridge RD NE
10
N/A
C -Commercial
1015312004
Gilbert, LLC
North Liberty IA, 52317
1225 S Gilbert St. Unit 1
3855 Locust Ridge RD NE
11
1225 Gilbert, LLC
C -Commercial
1015312006
Iowa City IA, 52240
North Liberty IA, 52317
3855 Locust Ridge RD NE
12
1225 Gilbert, LLC
N/A
C - Commercial
1015312003
North Liberty IA, 52317
3855 Locust Ridge RD NE
13
Paradigm Properties, LLC
N/A
C - Commercial
1015311007
North Liberty IA, 52317
1210 S Gilbert St. Iowa
621 S Summit St. Iowa
14
South Gilbert Center LLC
C -Commercial
1015306001
City IA, 52240
City IA, 52240
Florence M Hagen Revocable
1214S Gilbert St. Iowa
2124 Hickory St.
15
C -Commercial
1015306003
Trust
City IA, 52240
San Diego CA, 92103
Arie Q Kroeze &
1224S Gilbert St. Iowa
4274 Nursery Ln SE
16
C -Commercial
1015306004
Antonia H Kroeze
City IA, 52240
Iowa City IA, 52240
Florence M Hagen Revocable
S Gilbert St.
2124 Hickory St.
17
C -Commercial
1015306005
Trust
Iowa City IA, 52240
San Diego CA, 92103
330E 3rd St
330E 3rd St
18
Veterinary Associates PLC
C - Commercial
1015303006
Iowa City IA, 52240
Iowa City IA, 52240
3405 SE CROSSROADS DRIVE, SUITE G, GRIMES, IOWA 501 1 1 0 P 51 5+369+4400 0 F 51 5+369+441 0 0 WWW.CDA ENG.COM
CIVIL DESIGN ADVANTAGE L.L.C.
Parcel #: 1015308001
Address: 1310 S Gilbert St
Owner: Kum & Go LC
Adress: 1459 Grand Avenue
Des Moines, Iowa 50309
Phone: (515) 457-6083 (Britni Andreassen)
Email: Britni.Andreassen@kumandgo.com
Legal Description:
E I7 I F E R S r t-A N D S C A R F ARCH17EC7S,
PLANNERS & SURVEYORS
ORS
The west 115 feet of out lot 1 in cook, Sargent and Downey's addition to Iowa city, Iowa, according to the plat
thereof recorded in book 16, page 84, deed records of Johnson county, Iowa, excepting therefrom the south 30
feet thereof and further excepting the following tract: beginning at the northwest corner of said out lot 1, thence
east 5 feet along the south line of third street; thence south parallel to the west line of said out lot 1, 115.38 feet;
thence southerly in a straight line to a point 13 feet east of the west line of said out lot 1 and 16 feet north of the
north line of Highland avenue; thence southeasterly on a straight line between said point and a point on the north
line of highland drive 25 feet east of the west line of out lot 1 to a point 6.59 feet northwesterly along said line from
the point on the north line of highland avenue 25 feet easterly from the west line of out lot 1; thence southeasterly
28.96 feet in a straight line to a point on the north line of highland avenue 49.29 feet east of the west line of out lot
1; thence west 49.29 feet along the north line of Highland avenue; thence north 182 feet along the west line of out
lot 1 to the point of beginning.
And
Parcel #:
1015307006
Owner 1:
Mcdonough Structures Inc. (Unit A)
Address:
Highland Avenue
Iowa City, Iowa 50240
Phone:
(515) 512-6491
Parcel #:
1015307007
Owner 1:
Mcdonough Structures Inc. (Unit B)
Address:
348 Highland Avenue
Iowa City, Iowa 50240
Phone:
(515) 512-6491
Parcel #:
1015307008
Owner 1:
Mcdonough Structures Inc. (Unit C)
Address:
344 Highland Avenue
Iowa City, Iowa 50240
Phone:
(515) 512-6491
Parcel #:
1015307009
Owner 1:
Mcdonough Structures Inc. (Unit D)
Address:
340 Highland Avenue
Iowa City, Iowa 50240
Phone:
(515) 512-6491
3405 SE CROSSROADS DRIVE, SUITE G, GRIMES, IOWA 501 1 1 0 P 51 5+369+4400 0 F 51 5+369+441 0 0 WWW.CDA-ENG.COM
CIVIL DESIGN ADVANTAGE L.L.C.
Parcel #: 101530710
Owner 3: Kam Properties LLC (Unit E)
Address: 316 Highland Ave.
Iowa City, Iowa 50240
Parcel #:
1015307011
Owner 1:
Mcdonough Structures Inc. (Unit F)
Address:
Highland Avenue
Iowa City, Iowa 50240
Phone:
(515) 512-6491
Parcel #: 1015307012
Owner 1: GKLZ LLC (Units G)
Address: 325 E. 3rd St. Unit 1
Iowa City, Iowa 50240
Parcel #: 1015307013
Owner 1: GKLZ LLC (Unit G1)
Address: 325 E. 3rd St. Unit 2
Iowa City, Iowa 50240
Legal Description
E I7 I F E R S r t-A N D S C A R F ARCH17EC7S,
PLANNERS & SURVEYORS
ORS
Outlot 1 in Cook, Sargent and Downey's addition to Iowa City, Johnson County, Iowa. According to the Plat
thereof recorded in Deed Book 16, Page 84, Except the following:
1). — The south 30 feet of said Outlot 1,
2). — The west 115 feet of said Outlot 1,
3). — The east 20 feet of the south half of said Outlot 1.
3405 SE CROSSROADS DRIVE, SUITE G, GRIMES, IOWA 501 1 1 0 P 51 5+369+4400 0 F 51 5+369+441 0 0 WWW.CDA-ENG.COM
MINUTES PRELIMINARY
BOARD OF ADJUSTMENT
FORMAL MEETING
DECEMBER 9, 2020 — 5:15 PM
Electronic Meeting
(Pursuant to Iowa Code section 21.8)
An electronic meeting is being held because a meeting in person is impossible
or impractical due to concerns for the health and safety of Commission
members, staff and the public presented by COVID-19.
MEMBERS PRESENT: Gene Chrischilles, Zephan Hazell, Bryce Parker, Amy Pretorius
MEMBERS ABSENT: Ernie Cox
STAFF PRESENT: Susan Dulek, Kirk Lehmann, Anne Russett
OTHERS PRESENT: Cady Gerlach, Kirsten Frey, Ryan Wade, Kevin Monson, Debra
McFall-Wallerich, Calisse McPherson, Katie Ford
CALL TO ORDER:
The meeting was called to order at 5:19 PM.
ROLL CALL --
A brief opening statement was read by Pretorius outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
SPECIAL EXCEPTION ITEM EXC20-05:
A request submitted by Southside Developers, LC to extend the expiration date from 6 months
to 12 months for EXC20-05, a special exception approved to allow a Community Service -Long
Term Housing use in an Intensive Commercial (CI-1) zone that is adjacent to asingle-family
residential zone.
Chrischilles moved to approve an extension of the expiration date from 6 months to 12
months for EXC20-05, a special exception approved to allow a Community Service - Long
Term Housing use in an Intensive Commercial (CI-1) zone that is adjacent to a single-
family residential zone.
Hazell seconded the motion.
A vote was taken and the motion carried 4-0.
Board of Adjustment
December 9, 2020
Page 2 of 28
SPECIAL EXCEPTION ITEM EXC20-0004 & EXC20-0005 & EXC20-0006:
An application submitted by J+M Civil Design, LLC requesting three special exceptions to allow
a drive -through facility, to allow a multi -family use, and to permit flexibility through the
Commercial Reuse Exception in a Community Commercial (CC-2) zone for the purpose of
reusing a vacant building with a coffeeshop and apartment at 1120 N. Dodge Street.
Pretorius opened the public hearing.
Lehmann explained this item includes three applications for one property at 1120 North Dodge
Street. The first is for a drive -through use, the second is for a multifamily use and the third is to
use the Commercial Reuse Exception, all of which are in a CC-2 zone.
Lehmann began by showing an aerial view of the subject property, he pointed out an existing
building on the northeast corner of the site. He added there was recently a vacation along St.
Mathias alley to the east that provided about 10 additional feet to the property. The building is
an existing building, but it's been vacant for several years. The initial part of the building was
built in 1895 with a major addition in 2003 and the building's east portion was partially within the
St. Mathias Alley right-of-way. The 10-foot vacation (case number VAC20-0002) corrected that
issue. Lehmann pointed out that there are two parking lots on the site, one which is accessible
off North Dodge and the other accessible off St. Mathias Alley. Both are gravel and incomplete
and a drive was never built through the site due to elevation changes.
Lehmann next showed the zoning categories. The property itself is Community Commercial
(CC-2) which is the same as zoning across North Dodge Street (HyVee) and to the west, though
the adjacent property to the west is asingle-family residence. To the east and south is St.
Joseph Cemetery, which is zoned low density multifamily residential (RM-12).
Lehmann stated the applicant's goal is to renovate the building and redevelop the site. The first
application is a proposed drive -through facility associated with a new coffee shop in the first
floor of the existing building. The second application would be a multifamily use on the second
floor of that building, and the third is to allow waivers from zoning standards using the
Commercial Reuse Exception which was recently approved by Council. Lehmann noted the
proposed project required two previous applications that were related, including a staff initiated
Zoning Code Text Amendment to provide flexibility for commercial zones in situations similar to
this where an existing building has issues complying with the zoning code standards, so this
Text Amendment allows them to request waivers broadly from those standards. Additionally,
there was the vacation on the west side on St. Mathias Alley, which passed December 1.
Lehmann next showed the submitted site plan for the applications. He pointed out the existing
building and noted they're not proposing any additions to the building. Lehmann stated the
biggest changes is related to access and circulation. There is a proposed one-way drive from
North Dodge Street on the north all the way to St Mathias Alley on the south with parking on the
sides. There would also be the proposed drive -through, which would branch out from the one-
way drive at the south end of the site, curve around to the north by the east side of the building
where the drive -through pickup window would be, and then exit onto St. Mathias Alley.
Lehmann noted there is minimal separation provided between the Alley and drive -through which
he'll discuss as he goes through the specific approval criteria. The drive -through would exit
Board of Adjustment
December 9, 2020
Page 3 of 28
close to potential inbound traffic on St. Mathias Alley, but it is curved and there would be
signage to help regulate traffic in addition to the minimal separation that's there. The drive -
through lane itself would be pickup only so there would be no order board.
Regarding pedestrian access, it is provided via a sidewalk along North Dodge Street on the
north side of the site and would go through the site to the building entrance of the coffee shop,
and then also to a separate building entrance on the south side of the building, which is how
residents would access the single multifamily dwelling unit above.
Lehmann showed an image of the building as it is today, noting the gravel parking lot. The
coffee shop again would be on the first floor and the multifamily dwelling would be on the
second floor. Looking at the east side of the building, he pointed out where the drive -through
window would be and where St. Mathias Alley is currently. He also pointed out the elevation
changes that affect the site and the trees and elevation around St. Mathias Alley.
Chrischilles asked if the white door on the building was the apartment entrance. Lehmann
stated that door is a second door for the coffee shop.
Lehmann explained the role of the Board of Adjustment is to either approve, approve with
conditions, or deny the application based on the facts presented. To approve a special
exception the Board must find that it meets all applicable approval criteria, which include
specific standards pertaining to the waivers requested and then general standards for all special
exceptions.
Lehmann reiterated in this case there are three sets of specific standards. One is for drive -
through which is found at 14-4C-2K-3, the sets of standards for multifamily uses are at 14-413-
4A-7 And the Commercial Reuse Standards are found at 14-2C-11 D-4.
Regarding the first set of standards, they are related to access and circulation and the
transportation system has to be able to safely support the proposed drive -through use in
addition to existing uses in the area. It includes factors like street capacity, level of service,
effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian
safety. For the access and circulation sub criteria, the drive -through lane must be accessed
from secondary streets, alleys or shared across access drives. To provide for safe pedestrian
movement the number and width of curb cuts may be limited and are subject to the standards
and the Code. Third is that an adequate number of stacking spaces must be provided where a
minimum of six stacking spaces is recommended for drive -through facilities associated with
eating establishments and fourth, sufficient on -site signage and pavement marking shall be
provided to ensure safe vehicular and pedestrian movements. Lehmann noted each is directly
addressed in the staff report but in this presentation he is grouping them by the broader criteria.
For access and circulation, staff finds that the site plan uses existing curb cuts on North Dodge
Street with the entry to the one-way internal access drive coming off North Dodge. Additionally,
there's a North Dodge access at St. Mathias Alley, which is a two-way alley, though there would
be two proposed access points into the site from the alley at the exit on the south side of the site
for the one lane internal access drive and the exit to the east for the drive -through lane by the
building. The drive -through specifically is accessed through that internal access drive.
Board of Adjustment
December 9, 2020
Page 4 of 28
Regarding stacking, generally coffee shops can produce long queues in excess of 10 cars
during busy times. On the site plan, approximately six spaces for vehicles are provided, which
is the minimum required for eating establishments. Lehmann added there is also more than 100
feet from North Dodge Street to that drive -through entry, which provides some room for spillover
traffic. Generally, the standard is 20 feet for a stacking space so that internal access drive
provides enough spillover area for approximately five additional vehicles. In addition, the drive -
through is pickup only, there is no ordering board, so customers will order via some sort of app
or call in their order in advance. The coffee shop will also have the ability for people to go inside
and there is parking provided for that as well. Lehmann reiterated there is enough additional
room for spillover traffic which in total provides enough stacking spaces for the proposed use.
For traffic coordination, the site plan shows directional arrows at entrances and throughout the
site to help direct traffic. There are also `do not enter' signs at all exits, and pedestrian paths on
the site are clearly demarcated from vehicular routes. As part of these criteria, staff is
recommending a couple conditions. First substantial compliance to the site plan to ensure both
adequate circulation and adequate signage and pavement markings. Second, staff recommends
improvement of St. Mathias Alley to the east and south of the site to allow the alley to
accommodate traffic that might be generated by the use. Lehmann noted the alley is currently
relatively unimproved, which is why staff is recommending improvements. Third, staff
recommends that the drive -through use remain pickup only and that there is no ordering at that
site to ensure there is turnover at the window so stacking doesn't back up too far.
Lehmann stated there are two sub criteria regarding location. First, drive -through lanes and
service windows must be located on a non -street facing facade unless the applicant can
demonstrate that a street facing location is preferable for safety and efficiency, the site doesn't
conflict with adjacent uses, and it does not compromise the character of the streetscape or
neighborhood. Second, drive -through lanes must be set back at least 10 feet from adjacent lot
lines and public rights -of -way and screened from view according to design standards.
Regarding the first point, Lehmann noted the drive -through lane and service window don't face
a street, instead they face east towards St. Mathias Alley. However there is no real setback
between the drive -through lane and St. Mathias alley on the east. Lehmann explained in this
case, the applicant has requested to waive this criterion through the Commercial Reuse
Exception, which he will discuss later as it has its own criteria. Staff recommends a condition of
these location criteria that if the Commercial Reuse Exception is approved, adequate separation
and/or screening should be required between the drive -through lane and property to the east, as
determined by the City Engineer and City Neighborhood and Development Services.
The third set of criteria is related to design standards for drive -through lanes. 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 commercial character of the area in which the use is located. Lehmann
stated the sub criteria that that are a part of these design standards include that drive -through
lanes should be limited such that paving doesn't diminish the design quality of the streetscape
or the safety of the pedestrian environment, that drive -through lanes shall be screened from the
street and adjacent properties to the S2 standard or to the S3 standard if it's next to a residential
use or zone, that multiple windows servicing a single stacking lane should be considered to
reduce idling, that stacking and drive -through windows shall be located to minimize potential for
Board of Adjustment
December 9, 2020
Page 5 of 28
vehicular and pedestrian conflicts and shall be integrated into the surrounding streetscape, that
lighting must comply with outdoor lighting standards, and must be designed to prevent light
trespass and glare, and that loudspeakers or intercom systems if allowed should be located and
directed to minimize disturbance to adjacent residential uses or to adjacent uses.
Regarding design standards, staff finds that the surrounding zones and uses are generally
compatible. As stated earlier to the north there's a commercial grocer in a community
commercial zone, to the east and south there's a cemetery which is an institutional use and also
in a residential multifamily zone, RM-12, and to the west there's a residential single family home
in a CC-2 zone. Lehmann noted the site plan shows the narrow drive -through lane runs on the
south and east property lines which limits impacts to the streetscape, and stacking spaces,
driveways, and drive -through windows are generally hidden from the street. The North Dodge
Street sidewalk and continuous pedestrian route through the site does not cross the drive -
through lane. The drive -through lane is adjacent to an RM-12 zone, which is a residential zone
that requires S3 screening to the east and south, but the applicant has also requested a waiver
for that standard through the Commercial Reuse Exception, which again will be discussed later.
Staff also finds that generally conflict on the site is minimized as automobile traffic is directed
through one-way drives and pedestrian access on the site is provided through sidewalks that
separates vehicular and pedestrian traffic and provides for vehicular traffic flow. Lehmann noted
drivers may cross inbound traffic at the drive -through exit on St. Mathias Alley since that is a
two-way alley, but generally St. Mathias Alley experiences limited use because right now it
doesn't connect to the west and is really only used by St. Joseph Cemetery. In addition, the exit
is curved where it exits onto the alley to limit head on collisions and to establish right of way.
Finally, St. Joseph Cemetery has alternative access points, which helps. As for other findings,
staff shall review new lighting in compliance with current code standards as part of site plan
review, and while the code encourages multiple pickup window to reduce idling, there is only
one pickup window, but no order board and no loudspeakers or intercom systems as the drive -
through is pickup only. Staff recommends two conditions as part of these design standards.
First, if the Commercial Reuse Exception is approved, adequate separation and/or screening
should be required between the drive -through lane and the property to the east, as determined
by the City Engineer and Neighborhood and Development Services Department, and second,
that at no time in the future will there be installation of loudspeakers or intercom systems.
Lehmann next discussed the multifamily specific standards found at 14-4134A-7 which has
standards for location, density, entrances and ground level activity, in addition to some related
to specific zoning districts.
First regarding location, the proposed dwelling units must be located above the street level floor
of the building, except as provided elsewhere in the Code. In this case the dwelling units are
above the street level of the building. Second regarding maximum density, the residential
density standards for multifamily uses in commercial zones are stated in 14-2C-4 and the
application has to comply with those standards. The minimum lot area per unit required by that
table is 2,725 square feet for efficiency, one -bedroom and two -bedroom units, and 1,315 for
three -bedroom units. The property is 12,320 square feet and only contains one dwelling unit so
this use complies with these density standards. Next, regarding residential entrances, there are
a couple sub standards. First, to provide safe access, any building containing a residential use
must have at least one door in the exterior that provides pedestrian access to the dwelling units
which should face a street, public sidewalk or pedestrian plaza and be visible from and easily
Board of Adjustment
December 9, 2020
Page 6of28
accessible from said street and it cannot be solely accessed through a parking garage or from
an alley. Second, access to entrance doors of any individual dwelling units located above the
ground level floor of a building must be provided from an enclosed lobby or corridor and
stairway and three, to facilitate commercial uses at the street level the ground level floor height
should be no more than one foot above the existing level of the abutting sidewalk, which can be
adjusted for sloping sites or existing buildings. Lehmann explained regarding this standard, the
building has an exterior door facing the street but it does not provide access to the dwelling unit.
Instead it provides access to the coffee shop. Similarly, the dwelling entrance does not face a
street, public sidewalk or pedestrian plaza, but it is easily accessed from a private sidewalk that
provides safe access. Lehmann noted this is another standard that the applicant has requested
a waiver from through the Commercial Reuse Exception. He stated that access to the entrance
of that dwelling unit is enclosed, and the ground level floor height is approximately one foot
above the sidewalk but it is an existing building and could be adjusted as it is a sloping site but
no portion of the of the ground level is proposed to be more than three foot above the level of
abutting public sidewalks so that shouldn't be an issue. Finally, regarding standards for ground
level floors of buildings, there are two sub standards. The first is that the ground level floor -to -
ceiling height must be at least 14 feet, and second, the ground level floor must meet commercial
use building code specifications. In this case, it's an existing building where the ground level
floor -to -ceiling height is 8.5 feet so that is a standard that the applicant is requesting to be
waived with the Commercial Reuse Exception. With regards to building code specifications, the
building is an existing structure, so staff will ensure that any improvements requiring a building
permit meet commercial building code specifications and sprinklers will be required as part of
that building permit process. Lehmann next noted there are other zone -specific criteria that
affect properties in CB-5 and CB-10 zones, and in this case the property is not zoned CB-5 or
CB-10 so those criteria are not applicable.
Lehmann moved onto the standards for the Commercial Reuse Exception. He reiterated this
was recently approved by Council so it's not in the online zoning code yet but will be located at
14-2C-11 D-4. In summary, the requested exceptions are, first, for the general setbacks and
screening requirements for the drive -through lane along the east property line; second for the 10
foot setback for drive -through lanes on the east and south property line; third, for the S3
screening for drive -through lanes on the east property line; fourth, for a residential entrance on
the front of multifamily buildings in CC-2 zones; and fifth, for a ground level floor to ceiling height
of 14 feet for multifamily uses.
For specific standards, the first is whether the exception is necessary due to existing building or
site constraints that make it difficult to meet that standard. Lehmann reiterated the existing
structure was built in 1895, with a major addition in 2003, both of which were completed prior to
the City's current zoning code. Also the east portion of the building was partially within the St.
Mathias Alley public right-of-way which was corrected by the recent vacation and due to this
location and the time when it was built, the location of the building on the site makes it difficult to
meet setback and screening standards for the drive -through lane because there isn't really any
space between the drive -through lane and the alley. Lehmann reiterated staff is recommending
a condition to provide separation and/or screening to the east for mitigation purposes. He also
noted it's difficult for it to meet multifamily use standards as they relate to ground level height
and entrance locations for that multifamily use since it was built prior to current zoning codes.
The second criterion is that the exceptions will be compatible with and/or complimentary to
Board of Adjustment
December 9, 2020
Page 7 of 28
adjacent development in terms of building mass and scale, relative amount of open space,
traffic circulation, general layout and lighting. Lehmann noted the building mass and scale and
site layout will not change much due to the proposed project, and open space south of the
building will be reduced as the drive -through lane goes in but they will still have enough to
comply with City standards for multifamily uses. He stated the project does improve traffic
circulation and should carry expected traffic, and it also has the benefit of providing a route
through the site that does not currently exist and creating some alley improvements that will
improve circulation around and through the site. Staff recommend a condition that the owner
obtain a temporary use of right-of-way permit for St. Mathias Alley, to provide some space for
separation and/or screening for the drive -through lane along that alley. With regards to lighting,
it will be reviewed during site plan review, and generally staff finds that the multifamily and drive -
through use exceptions are compatible to adjacent development with conditions as
recommended by staff.
The third criterion is that the exception will not adversely affect access, views, noise, stormwater
runoff, light and air, and privacy of neighboring properties any more than what a development
that satisfies the applicable standards. Lehmann stated in this case, staff finds that the
exceptions will not affect views, noise, stormwater runoff or light and air any more than a
compliant development would, as those would be dealt with by City's existing standards and
processes. However, access may be affected by the drive -through setback exception as it's
requested, specifically where it exits on the St. Mathias Alley but staff believes that won't do so
any more than a property that would have satisfied that requirement. Privacy may be affected by
waiving the drive -through screening to the east but there are currently two cemetery buildings
and existing trees that generally buffer the drive -through lane from the cemetery. In addition,
again staff recommends a condition to require some separation and/or screening to the east.
Fourth, the exception is not contrary to the intent of the standard being waived or modified. In
this case, the intent for entrance locations for multifamily uses in commercial zones is to provide
safe access for residents in mixed use buildings. Staff finds this intent is maintained because
the pedestrian walkway on the site provides safe access from the dwelling to the right-of-way.
With regards to ground ceiling height for multifamily uses in commercial zones, the intent is to
facilitate commercial uses at the street level. Staff finds that intent is maintained because the
applicant has a commercial tenant already lined up and improvements to the site facilitate future
commercial use. For setbacks from drive -through lanes, the intent for setbacks generally is to
maintain light, air, and separation for fire protection and firefighting access, to provide
opportunities for privacy, to reflect the general building scale and placement within the City
through a reasonable physical separation between buildings, and provide flexibility to the site so
it's compatible with certain uses. Staff believes this intent is maintained as approximately 20 feet
will still be provided between the drive -through lane and the adjacent cemetery property. As for
screening for drive -through lanes, the intent is to improve the appearance of streetscapes for
residents, to create aesthetically pleasing and functional living environments, to protect and
enhance property values, and to provide transition between dissimilar uses. In this case, staff
believes this intent is maintained because the existing trees and buildings effectively screen the
drive -through from adjacent cemetery uses and because of staff's recommended conditions.
The final requirement for the Commercial Reuse Exception is that the exception be in the public
interest. In this case the property's been vacant for years, the parking lot and alley are
constructed of gravel and are in disrepair, and occupying the property with neighborhood
Board of Adjustment
December 9, 2020
Page 8 of 28
commercial and residential uses and improving the site circulation, parking lot and alley are in
the public interest.
Lehmann stated those were the specific standards for the drive -through, multifamily and
Commercial Reuse Exception waivers requested so next he will discuss the seven general
standards.
First, the specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare. Lehmann stated generally the multifamily -related waivers
from zoning won't affect the health, safety, comfort or general welfare. The drive -through lane
and related exceptions will increase vehicular traffic to the site but access through and around
the site will be enhanced and alley improvements are included in the project. Lehmann noted
concern that conflicts may be created with the drive -through lane exit onto St. Mathias Alley but
staff believes those will be mitigated through careful signage and pavement marking design.
Another consideration is that in the morning, when a coffee shop has its the highest use, it may
be difficult for vehicles leaving St. Mathias Alley to turn left towards Iowa City due to inbound
traffic on North Dodge Street, but it would be no more so than if another CC-2 eligible use came
to this site, so staff finds that it doesn't negatively impact those standards. In addition, staff finds
that the effects of decreased screening and setbacks east of the building are partially mitigated
by existing landscaping and buildings at the cemetery and will be further mitigated by staff's
recommended conditions. Lehmann noted the site plan shows the removal of two trees. On
August 6, 2019, the City declared a state of climate crisis and established carbon emission
reduction goals and trees are an important component of climate mitigation adaptation.
Therefore, staff recommends a condition that any trees removed be replaced on site as
approved by the City Forester, but, overall the exceptions won't be detrimental to or endanger
the public health, safety, comfort or general welfare.
The second general standard is that 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. Lehmann stated generally the proposed uses are compatible with
those of nearby properties and site developments and occupancy won't diminish or impair
property values. He noted screening and/or separation on the east property lines, as
determined by the City, will also mitigate any impacts on the cemetery. Therefore, staff finds the
proposed exceptions will not injure the use of or enjoyment of nearby properties.
Third, the establishment of the proposed exception will not impede the normal and orderly
development and improvement of surrounding properties for uses in the district that are allowed.
Lehmann noted the surrounding area is fully developed already and has a mix of institutional,
commercial and residential uses in commercial and multifamily zones. A mixed -use coffee shop
with a multifamily unit is compatible with these uses and zoning districts and only the property to
the east currently utilizes the alley so offsite improvements to St. Mathias Alley will actually
benefit property owners by improving circulation. In addition properties that share a property line
to the west will be separated by adequate setbacks as to not affect future work on their property,
and requested exceptions will not impede normal orderly redevelopment of adjacent properties.
The fourth general standard is that adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided. Lehmann stated in this case, sufficient utilities
primary streets and necessary facilities are established for this neighborhood and can meet the
Board of Adjustment
December 9, 2020
Page 9 of 28
proposed site requirements. Proposed internal circulation will be sufficient for vehicular and
pedestrian access for the renovated building with improvements to St. Mathias Alley. These
improvements will include, but are not limited to, obtaining a temporary construction easement
from the property owner to the east. Finally, regarding drainage, stormwater must be mitigated
per City Code to avoid downslope impacts in the south because that's where stormwater on this
site sheds. Again, the owner must obtain a permanent stormwater drainage easement from that
property owner.
The fifth criterion is that adequate measures have been taken or will be taken to provide ingress
or egress designed to minimize traffic congestion on public streets. In this case the public street
in question is North Dodge and the development will increase traffic to the site but the one-way
drive through the site and the drive -through lane both exit onto St. Mathis Alley. This
consolidates potential conflicts with to a single point, which minimizes impacts on North Dodge.
Sixth, except for the specific regulations and standards applicable to the exception being
considered, it will conform to all other applicable regulations or standards for its zone. Lehmann
stated staff will ensure that the site design conforms with all other zoning standards and
regulations during site plan review. There will also be additional reviews based on the conditions
by the City Engineer and Director of Neighborhood and Development Services.
The final general standard states the proposed exception must be consistent with the City's
Comprehensive Plan. Lehmann stated the Comprehensive Plan designates this area on its
Future Land Use Map as general commercial, there are provisions that support "defined
commercial nodes and small scale neighborhood commercial centers" and they also encourage
retaining and expanding local businesses. This site is also in the North District Plan area and
that Future Land Use Map has this designated as retail or community commercial and the North
District Plan includes goals that talk about locating medium density housing in areas with good
access to arterials such as North Dodge Street and that are close to neighborhood commercial
areas and also encourages focusing commercial activity in existing nodes along major arterial
streets and notes the Hilltop Tavern, which is a mixed use just down the street, as an example
of that. So generally, this proposal is consistent with these Plans.
Lehmann stated staff did receive two pieces of correspondence regarding this application from
the same group. St. Joseph's Cemetery initially wrote to oppose the project but later amended
their letter to not oppose to it. The cemetery is building a new slab -on -grade structure, so they
were initially concerned about how potential elevation changes in the alley, if raised, might affect
their site and specifically their new structure. However, they did not object to the drive -through
or commercial uses. They responded later that after communication with the applicant, the
cemetery was satisfied with the project if it proceeds as stated.
However due to the correspondence, Lehmann stated staff wants to amend its report to include
the following. In the general standard regarding adequate utilities, access roads, drainage and
necessary facilities, staff noted the proposed internal circulation will be sufficient for vehicular
and pedestrian access to the renovated building with improvements to St. Mathis Alley. Staff
would like to include a statement that says "which will include but is not limited to obtaining a
temporary construction easement from the adjacent property owner". Where staff talks about
how stormwater must be mitigated per City Code to avoid downslope impacts to the south, staff
would like to add to the report "which will include but is not limited to obtaining a permanent
Board of Adjustment
December 9, 2020
Page 10 of 28
stormwater drainage easement from the adjacent property owner". Lehmann noted these
changes were conveyed by email to the applicant after staff received input from St. Joseph's,
they were included earlier in this presentation, and they are to be carried into staffs
recommended conditions which will be read in a second. These changes don't really affect the
meaning, but rather makes it more explicit about what staff believes is required.
Overall, staff recommends approval of the three special exceptions, EXC20-0004 to allow a
drive -through facility, EXC20-0005 to allow multifamily use in a community commercial zone
and EXC20-0006 to allow waivers from zoning standards for the reuse of existing building in a
commercial zone, for the property at 1120 N. Dodge Street, subject to the following conditions:
1. Substantially comply with attached site plan dated November 3, 2020 which will include but
is not limited to obtaining a permit stormwater drainage easement from the adjacent property
owner according to the City Stormwater Management Code;
2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City along
the west side of St. Mathias Alley for the length of the drive -through lane, as specified by the
City Engineer and approved by the City Attorney's Office;
3. Plant at least one new tree onsite for every tree removed, the location and species of which
must be approved by the City Forester prior to site plan approval;
4. Improve St. Mathias Alley abutting the property to the east and south, and any sidewalk
crossings, as determined by the City Engineer prior to site plan approval. Improvements must
be accepted by the City Engineer prior to issuance of a Certificate of Occupancy which will
include but is not limited to obtaining a temporary construction easement from the adjacent
property owner;
5. Provide for screening to the east and/or separation between the drive -through lane and St.
Mathias Alley, as determined by the City Engineer and approved by the Director of
Neighborhood and Development Services prior to site plan approval. These must be accepted
by the City Engineer prior to issuance of a Certificate of Occupancy;
6. No loudspeaker or order board for the drive -through use may be installed; and
7. The drive -through must remain pick-up only.
Hazell had a question regarding where the door for the residential is. Lehmann said it is on the
back of the property. He showed a photo that shows the door and that pedestrian access will
wrap around the west building face, and come around to the back. He also pointed out in the
photo the trees and shrubs, and those will need to be approved when the applicant submits a
landscaping plan as part of the general site review.
Chrischilles asked for clarification on what pickup only means. Lehmann stated it means all
ordering is done online or by phone and the window is only for pickup, though customers can go
inside as well.
Chrischilles asked if there was any correspondence from the next -door neighbor in the single-
family dwelling Lehmann replied no, but that there was someone to speak tonight during the
public comment.
Ryan Wade (applicant) noted it's been about three or four months of conversation going back
and forth with staff, Council members, and P&Z members as well. Regarding background on
this building, he's looked at it and tried to figure out a use for it and then the ladies from Press
Coffee approached him and thought they would be a perfect fit at this location. So he reached
Board of Adjustment
December 9, 2020
Page 11 of 28
out to the City Administrator, a few Council Members and P&Z members to get their opinion of
the site location and to see what kind of ramifications or of special exemptions are needed and it
was a pretty lengthy list of things that they were asking for and that the City would need to deal
with. After about a month of discussion they realized this could work and so that's why they are
here tonight. He is just here to save this building that has been sitting empty for at least 20
years and is excited about bringing something to the north side of town. There's been a lot of
excitement about this new location and this potential new coffee shop. Press Coffee has been in
business for seven or eight years and have a good reputation in Coralville.
Chrischilles asked what the hours of the coffee shop are. Wade said he believes they're going
to be open from six o'clock in the morning until seven or eight o'clock at night. Chrischilles
asked if that would be every day. Wade is not sure what their hours will be on the weekends.
Katie Ford (Press Coffee) stated what they've done in Coralville will transfer over to the Iowa
City location which would be 6am Monday through Saturday, and then 7am on Sunday. She
noted the closing time is up for negotiation because as they're open through COVID, during this
time they were closing at 11 am and noon to contain the business and deal with staffing issues.
Also usually when open later in the afternoon they would see students, etc. but because the
students weren't around, they would close early. In the future she believes they will be open
until seven or eight, depending on the flow and the traffic of the area.
Chrischilles asked if they have a drive -through pickup setup at their current location and are
they already set up with an online ordering system and how has that been functioning. Wade
said that is how they've been doing it during COVID and were doing it even before COVID.
Ford said they use an app called Jump Coffee, it's local app for local coffee shops so the big
box coffee places will not be on this because they already have their own apps, this is to help
out smaller local businesses. Encounter Cafe and Capanna in North Liberty are on Jump as well
and that's how they have been able to stay open during COVID. People would order on the app
and then pick up in the vestibule with no contact. They will continue to use the Jump app when
they fully reopen, which has not been determined, but they don't know the state of the world at
that point so the app is revamping to have the guest specify whether they will be coming in store
for pickup or if they will be going through the drive up pickup window which is the style that
Capanna has in North Liberty.
Parker asked what is the average time from when one orders and they show up at the building
to receive the drink. Ford said they have a 10 minute out setting.
Pretorius asked the applicant if any of the seven conditions set forth in the staff report posed
issues for them and are they in agreement. Wade replied he will agree to all of them and thinks
they're well thought out. He noted they've had a lot of internal discussions about all of them so
he has no issues. He did share the only one he didn't like was the potential call box for the
future, he didn't hear about that until tonight, but this building might be here for another 40 years
and who knows what will go in there. Not being able to have a call box next to a cemetery is
probably something he will address in the future but tonight he's not too concerned about it.
Debra McFall-Wallerich (representing property at 1116 North Dodge Street) noted it is a single-
family dwelling that her grandparents built it in 1957 and it's been in the family ever since.
There is a family member who currently lives in that single-family dwelling and he works full
Board of Adjustment
December 9, 2020
Page 12 of 28
time, third shift so he asked her to come with some questions. First she wanted to say she
appreciated the detail in the report, and she appreciated hearing from both the Board and the
applicant. In the information, it said that there would be no loudspeaker or order board and she
would like to ask if that also then means no outside sound system.
Lehmann stated the condition in the staff report would only relate to the order board. It does not
relate to outside sound systems.
McFall-Wallerich asked then if the business will provide outdoor seating? Wade replied yes,
there is room for about 12 to 16 chairs up front of the building where the patio is currently that
could be used for outdoor seating.
McFall-Wallerich reiterated she was concerned about outdoor sound systems for her family
member who's been gainfully employed third shift for 10 years but has a different sleep cycle
than normal business hours.
Hazell asked if there's zoning rules about sound systems in that zone. Russett is unsure of the
exact standards related to outdoor sound, but it's not something that would be prohibited. There
are other examples of commercial uses that have outdoor music associated with their
businesses. There is a noise ordinance which any sound would have to comply with. Dulek
added the ordinance states they cannot interfere with the neighbors enjoyment, such as if there
was a loud party. Lehmann noted this is an unusual case, because often provisions are stricter
by single-family residential zones but here the single family home is in a commercial zone so it
is a bit unique, which may impact some of the standards that may apply.
Chrischilles asked if they could add that as a condition to not allow any outdoor sound of any
kind music. Lehmann replied that the Board is able to add conditions as they see fit to ensure
that the special exception doesn't affect surrounding properties.
Chrischilles asked if the relative living in the house has any other objections other than the
possibility of noise. McFall-Wallerich replied he doesn't, he appreciates that it's a heavy traffic
area and is supportive of commercial development in the area but the unique situation of his
employment and ability to sleep during the day to in preparation for his work shift. McFall-
Wallerich added that HyVee has piped music outside their entrance and it's certainly not a
problem. There are times when HyVee can sometimes have really jumping promotions, where
they augment the sound system and then her family member usually calls over to HyVee.
Wade asked what time her family member gets home from work in the morning. McFall-
Wallerich said he works midnight to 8am. Wade estimated he probably sleeps from 9 o'clock
until midafternoon. McFall-Wallerich said it is more typical to be from noon until the early
evening. Wade was trying to see if there was a compromise here, it is a coffee shop so having a
little music outside is probably going to be the case. Perhaps there can be certain hours that
they would allow music. This is a coffee shop not a restaurant or a bar, there may be people
outside talking but their decibel levels are not going to be so high. McFall-Wallerich understands
and certainly thinks that compromise is possible. She is not anticipating a coffee shop to be
disruptive but felt the need to attend tonight's meeting and to understand what was proposed.
Hazell asked for clarification from McFall-Wallerich about noise and as to whether she would
Board of Adjustment
December 9, 2020
Page 13 of 28
prefer there be no noise, or would she prefer that it be worked out at a later date with the coffee
shop. McFall-Wallerich said she is not opposed to an outside sound system, just the decibel
level of the outside sound system. She is not clear on what the City noise ordinances are and
she does appreciate that their residential home is now in a commercially zoned area.
Dulek said the City does not have a decibel level requirement in Iowa City, they have what's
called a disorderly house and it's that no person shall allow or continue to allow raucous,
disagreeable noises with an intent and reckless disregard for causing disturbance to the
neighborhood and a disturbance to the neighborhood is beyond the subject property line. So
that's how the City deals with it and those calls are enforced by the police. She acknowledged
during the day is when the family member sleeps but during that time, for the most part, most
folks are up and about and there's a lot more noise just in general that occurs between say six
and seven until 10 or 11 o'clock at night. Similarly, the City has standards when one can start
construction and certainly construction could go on right next door to this property after seven
o'clock in the morning.
Parker asked about the alley improvements and would those improvements go all the way to
Summit. Lehmann said it would not, that would need to occur as redevelopment of adjacent
sites occurs.
Pretorius closed the public hearing.
Chrischilles moved to approve EXC20-0004 to allow a drive -through facility at the
property located at 1120 North Dodge Street, subject to the following seven conditions:
1. Substantially comply with attached site plan dated November 3, 2020 which will
include but is not limited to obtaining a permit stormwater drainage easement from the
adjacent property owner according to the City Stormwater Management Code;
2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City
along the west side of St. Mathias alley for the length of the drive -through lane, as
specified by the City Engineer and approved by the City Attorney's Office;
3. Plant at least one new tree onsite for every tree removed, the location and species of
which must be approved by the City Forester prior to site plan approval;
4. Improve St. Mathias alley abutting the property to the east and south, and any
sidewalk crossings, as determined by the City Engineer prior to site plan approval.
Improvements must be accepted by the City Engineer prior to issuance of a Certificate
of Occupancy which will include but is not limited to obtaining a temporary construction
easement from the adjacent property owner;
5. Provide for screening to the east and/or separation between the drive -through lane
and St. Mathias alley, as determined by the City Engineer and approved by the Director
of Neighborhood and Development Services prior to site plan approval. These must be
accepted by the City Engineer prior to issuance of a Certificate of Occupancy;
6. No loudspeaker or order board for the drive -through use may be installed; and
7. The drive -through must remain pick-up only.
Hazell seconded
Pretorius noted it seems the applicants are in favor of the seven conditions which she thinks is
Board of Adjustment
December 9, 2020
Page 14 of 28
important, she understands there being a residential use zoned commercial is unique and that's
a good and bad thing, as family members using the house right now need to utilize it for their
enjoyment and living there, but it being zoned commercial will someday make the property
worth a certain amount because it can be sold and developed commercially. Additionally she
understands the noise situation, but at the same time coffee shops, restaurants, in this current
COVI D situation are moving dining outdoors and making outdoors more agreeable and music is
important so she is not in favor of limiting it or getting rid of it completely.
Parker asked about the condition to not allow them to have a pickup window, what would be the
process for the applicant to come back and get that added in the future. Lehmann said the
condition is to not allow a loudspeaker or order board and that the drive -through must remain
pickup only. Dulek said an applicant can apply for another special exception to overturn that in
the future.
Chrischilles stated regarding agenda item EXC20-0004 he concurs with the findings set forth in
the staff report of this meeting date, December 9, 2020 with the amended conditions presented
by staff, and concludes that the general and specific criteria are satisfied as amended by staff
during the presentation 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
proposal. Hazell seconded the findings.
A vote was taken and the motion carried 4-0.
Pretorius stated the motion declared approved, any person who wishes to appeal this decision
to a court of record may do so within 30 days after this decision is filed with the City Clerk's
Office.
Chrischilles moved to approve EXC20-0005 to allow multifamily use in a community
commercial zone for the property located at 1120 North Dodge Street, subject to the
following seven conditions:
1. Substantially comply with attached site plan dated November 3, 2020 which will
include but is not limited to obtaining a permit stormwater drainage easement from the
adjacent property owner according to the City Stormwater Management Code;
2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City
along the west side of St. Mathias alley for the length of the drive -through lane, as
specified by the City Engineer and approved by the City Attorney's Office;
3. Plant at least one new tree onsite for every tree removed, the location and species of
which must be approved by the City Forester prior to site plan approval;
4. Improve St. Mathias alley abutting the property to the east and south, and any
sidewalk crossings, as determined by the City Engineer prior to site plan approval.
Improvements must be accepted by the City Engineer prior to issuance of a Certificate
of Occupancy which will include but is not limited to obtaining a temporary construction
easement from the adjacent property owner;
5. Provide for screening to the east and/or separation between the drive -through lane
and St. Mathias alley, as determined by the City Engineer and approved by the Director
of Neighborhood and Development Services prior to site plan approval. These must be
accepted by the City Engineer prior to issuance of a Certificate of Occupancy;
Board of Adjustment
December 9, 2020
Page 15 of 28
6. No loudspeaker or order board for the drive -through use may be installed; and
7. The drive -through must remain pick-up only.
Hazell seconded
Chrischilles stated regarding agenda item EXC20-0005 he concurs with the findings set forth in
the staff report of this meeting date, December 9, 2020 with the amended conditions presented
by staff, and concludes that the general and specific criteria are satisfied as amended by staff
during the presentation 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
proposal. Parker seconded the findings.
A vote was taken and the motion carried 4-0.
Pretorius stated the motion declared approved, any person who wishes to appeal this decision
to a court of record may do so within 30 days after this decision is filed with the City Clerk's
Office.
Chrischilles moved to approve EXC20-0006 to allow waivers from zoning standards for
the reuse of existing building in a commercial zone for the property located at 1120 North
Dodge Street, subject to the following seven conditions:
1. Substantially comply with attached site plan dated November 3, 2020 which will
include but is not limited to obtaining a permit stormwater drainage easement from the
adjacent property owner according to the City Stormwater Management Code;
2. Prior to site plan approval, obtain a temporary use of right-of-way permit with the City
along the west side of St. Mathias alley for the length of the drive -through lane, as
specified by the City Engineer and approved by the City Attorney's Office;
3. Plant at least one new tree onsite for every tree removed, the location and species of
which must be approved by the City Forester prior to site plan approval;
4. Improve St. Mathias alley abutting the property to the east and south, and any
sidewalk crossings, as determined by the City Engineer prior to site plan approval.
Improvements must be accepted by the City Engineer prior to issuance of a Certificate
of Occupancy which will include but is not limited to obtaining a temporary construction
easement from the adjacent property owner;
5. Provide for screening to the east and/or separation between the drive -through lane
and St. Mathias alley, as determined by the City Engineer and approved by the Director
of Neighborhood and Development Services prior to site plan approval. These must be
accepted by the City Engineer prior to issuance of a Certificate of Occupancy;
6. No loudspeaker or order board for the drive -through use may be installed; and
7. The drive -through must remain pick-up only.
Hazell seconded
Chrischilles stated regarding agenda item EXC20-0006 he concurs with the findings set forth in
the staff report of this meeting date, December 9, 2020 with the amended conditions presented
by staff, and concludes that the general and specific criteria are satisfied as amended by staff
during the presentation unless amended or opposed by another board member. He
Board of Adjustment
December 9, 2020
Page 16 of 28
recommends that the Board adopt the findings in the staff report for the approval of this
proposal. Parker seconded the findings.
A vote was taken and the motion carried 4-0.
Pretorius stated the motion declared approved, any person who wishes to appeal this decision
to a court of record may do so within 30 days after this decision is filed with the City Clerk's
Office.
SPECIAL EXCEPTION ITEM EXC20-0007:
An application submitted by Neumann Monson Architects requesting a special exception to
allow a 60 percent parking reduction for a mixed -use renovation of existing structures and a new
multi -family construction at 109, 111, 113-115, 117-119, 121, and 127 East College Street.
Pretorius opened the public hearing.
Lehmann stated this project affects several properties on the ped mall and showed an aerial
photo of the area. The area is zoned Central Business District (CB-1 0) and is pretty much all
surrounded by CB-10 with some public/institutional uses and some residential uses.
Regarding background on this project, Newman Monson Architects submitted an application for
a special exception requesting a 60% reduction in parking spaces for these properties. The
purpose is to allow for the renovation of existing mixed -use buildings on the ped mall. It would
also involve the demolition of rear additions to some of those buildings to make room for a new
11 story multifamily building. Lehmann added this project is part of a larger ongoing discussion
that's been trying to get local historic landmark status to protect these properties on the ped
mall. Therefore there is also a current local historic landmark zoning overlay rezoning, REZ20-
02, that is required for the application which Lehmann will discuss when he gets to the criteria.
That rezoning has been heard by both the Historic Preservation Commission and Planning and
Zoning Commission in May of this year. Council has had two readings on it and are on their final
reading. The applicant has requested the final reading be postponed until some of these other
related applications like this special exception go through.
Lehmann next discussed the general background for downtown parking standards. There are
both minimum and maximum parking standards downtown, the purpose of the minimum
standards is to ensure that off street parking can accommodate most of the parking demand
generated by a use and also to prevent spillover parking into adjacent residential areas. For
maximum parking, the goal is to foster compact pedestrian -oriented areas. In the Downtown
District, only household living, like multifamily units in this case, and hospitality uses, like hotels
which are not part of this project, require onsite parking in the Downtown District. So any
parking demand generated by this use for the reduction is coming from those residential uses.
Downtown parking primarily is viewed as a district wide circumstance and is primarily provided
in municipally owned parking facilities. In this case, the parking reduction is requested for
unique circumstances. Based on that standard, potentially historic buildings may request a
parking reduction of up to 50% and historic designated properties or those listed on the Historic
Register can request parking reduced up to 100%. In the proposed project, there are 102
Board of Adjustment
December 9, 2020
Page 17 of 28
dwelling units which require 106 parking spaces. A 60% parking reduction from that is 42
parking spaces which would be required on site. Lehmann noted the site plan shows more than
that in its project documents with 50 spaces onsite, but they requested a lower amount to
provide some flexibility if things change so they won't have to come back.
Lehmann showed images of the area again, the ped mall, the existing buildings are to the north
and the new building is behind them to the south, and showed the additions that would be
demolished as part of it. The new building would be 11 stories. Lehmann noted there are
several renderings in the staff report to give an idea of what kind of impact it might have on the
streetscape.
Lehmann next showed the parking plan, where parking is provided on the first two levels of the
building, one of which is partially below ground and the other of which would be at grade, both
accessed from the alley. There would be 25 spaces per level. The alley exits east onto a stub of
South Dubuque Street behind the hotel, where it goes out to a signal -controlled intersection with
East Burlington Street. The alley also exits west onto South Clinton Street, though staff has
some concerns about that exit since it is mid -block and there's not great visibility. Lehmann
stated there have been some conversations about converting part of the alley to a one way
street either to the entrance of the ramp or all the way through. At this point, there are no
recommendations from staff, it is just something that they're working through with the applicant.
Lehmann next showed the pedestrian access that is provided between the existing buildings
and the new building, and then there's also pedestrian access from the pedestrian mall itself.
The role of the Board of Adjustment is to either approve, approve with conditions, or deny the
application based on the facts presented. To approve the special exception the Board must find
that it meets all applicable approval criteria which includes both specific standards pertaining to
the waivers requested and general standards for all special exceptions.
The specific standard is a parking reduction for unique circumstances found at 14-5A-4-F6,
which states where it can be demonstrated that a specific use will reduce the ability to use or
occupy historic property in a manner that will preserve or protect its historic aesthetic or cultural
attributes, the Board of Adjustment may grant a special exception to reduce the required parking
or stacking spaces by up to 100% for properties designated as a local historic landmark.
Lehmann reiterated in this case Council is considering a local historic landmark designation,
which would allow up to 100% parking reduction for this property. The exception being
requested is for 60% to preserve a local historic landmark. The project includes renovation of
the historic structures in addition to the new construction, so it's not just tearing down the back
of some of the buildings and leaving them as is, they're also renovating the historic property.
Currently the historic properties could be demolished and redeveloped without the protection of
a historic overlay to preserve the buildings in the future. In addition, the applicant is requesting
tax increment financing (TIF) from the City. Lehmann explained TIF basically means that
property taxes are frozen at current levels and taxes generated from new development on the
site above its current levels go towards paying an economic development incentive. As part of
that, they have to do a gap analysis for the City to show that the TIF is reasonable, and that
there is actually a gap which needs to be filled versus the amount of financing that they currently
have access to. In this case the gap analysis shows that they need the TIF to fill a financing
gap, which means that if project costs are increased, that gap would increase too such as
Board of Adjustment
December 9, 2020
Page 18 of 28
through increased parking requirements. In addition, the renovation will invest in the historic
properties and will help preserve their important historic and aesthetic attributes. Staff
recommends the condition that the local historic landmark designation must be approved for the
requested parking reduction, since that is required for this expection to be even requested.
Next is the general criteria. First, the specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare. As mentioned earlier, there are
approximately 50 spaces provided which is approximately 0.49 parking spaces per dwelling unit.
That proposed amount is similar to some other recent downtown projects, as listed in the staff
report (a lot of them seem to be between 0.4 and 0.5 spaces per unit). Generally reduced
parking decreases the number of vehicular trips to the site and increases other means such as
walking or biking and also helps support transit. Proximity to employment and services also
generally decreases parking demand. In addition, tenants would have to consider this reduced
onsite parking as they make decisions about where they live so for that reason, staff believes
that the project will likely attract tenants who don't require as much onsite parking because there
is no guarantee of parking. Regarding the broader downtown parking district, there are three
public parking ramps with approximately 2100 spaces in a three -minute walk of the project.
There's more that are slightly farther than that but still within walking distance. The three
immediate ones would be obviously the most desirable parking spaces for residents. Lehmann
noted that prior to the pandemic, these ramps were near capacity between 10am and 2pm, and
monthly permits have long wait lists and are first offered to businesses rather than residents. So
there's a good chance that at least for these public parking ramps, residents wouldn't be able to
get parking spaces for quite some time. That doesn't speak to the to the broader downtown
parking situation necessarily, but it does speak to the immediate situation. However, overall staff
doesn't believe that the parking reduction will be detrimental to endanger the public health,
safety, comfort, or general welfare.
Second, the specific proposed exception will not be injurious to the use and enjoyment of
property in the immediate vicinity and will not substantially diminish or impair property values in
the neighborhood. Lehmann reiterated downtown parking is generally provided in public
facilities, but staff does not believe that excess demand for parking will impact neighbors
because there's generally enough existing parking infrastructure throughout the City. However,
downtown parking availability may tighten if there are residents who are going for those
immediate ramps next to them, they might have to wait. Staff feels increased pedestrian traffic
around the proposed use will likely improve commercial viability of nearby properties so overall,
staff finds the parking reduction won't injure the use or enjoyment of other property in the
immediate vicinity and won't impact property values.
Third is establishment of the specific proposed exception will not impede the normal and orderly
development and improvement of the surrounding property. First, the downtown is largely
developed, and recent redevelopment projects show demand for future investment downtown.
There may be some impacts that are temporary, such as the closure of the alley or portions of
the ped mall as it's constructed, but staff doesn't anticipate any long-term impacts. The parking
reduction specifically will also not impede normal development on other properties.
Fourth, adequate utilities, access roads, drainage and/or necessary facilities are being provided.
Generally, staff finds that the alley provides adequate vehicular access to the proposed use and
the ped mall provides adequate pedestrian access. In addition, staff will ensure that adequate
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December 9, 2020
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utilities, drainage and other necessary facilities will be provided through the site plan review and
building permit processes. Regarding the tax increment financing (TIF) that is being requested
to fill the project's financing gap, the TIF dollars will be rebated over a 15 year period but are not
limited to infrastructure improvements, they will likely be used to help with debt payments.
Fifth, adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets. Lehmann reiterated that both parking level
entrances are on the alley at grade with access to public streets provided to the east at the
terminus of South Dubuque Street which intersects East Burlington at a traffic light or west to
South Clinton Street at a mid -block location. Staff anticipates most traffic would go east because
it's a signal control intersection and around six cars can queue at the signal with additional
space in the alley. Depending on final characteristics of the site, traffic signal timing at the South
Dubuque and East Burlington Street intersection may have to be tweaked to make sure that that
cars can get out and that there's not too much stacking impacting the alley, but staff doesn't
believe that needs to be a condition of this parking special exception. Overall staff believes that
adequate measures are being taken to minimize traffic congestion.
Sixth, except for the specific regulations and standards applicable to the exception being
considered, it will in all respects conform to existing standards. Staff will ensure that all
applicable standards and regulations are being met again through the site plan review and
building permit processes. If TIF dollars are used as proposed, additional requirements will also
need to be met as part of project which includes standards for affordable housing, where at
least 15% of units must be affordable or they must pay a fee in lieu of those units and they
would have to meet at least a LEED silver standards (Lehmann noted he believes they're
proposing to meet LEED Gold standards based on their current submittals) and they'd have to
provide some minimum public improvements, such as for these historic properties and other
public benefits. Those will be met through the TIF review, assuming that TIF is used for the
project, which staff believes is the case.
Finally, the proposed exception must be consistent with the Comprehensive Plan of the City, as
amended. Lehmann stated the Comprehensive Plan shows this area as general commercial,
which is to be expected for the downtown, in the Future Land Use Map with a goal to preserve
the historic mainstreet character of the downtown while encouraging appropriate infill to
enhance the economic viability and residential diversity of the area. Lehmann added this is also
part of the Downtown Riverfront Crossings Master Plan and objectives in that mirror what's in
the Comprehensive Plan such as protecting the historic character and key historic buildings,
promoting quality infill and redevelopment, and the development program for the downtown
includes residential options, including new construction and rehab. Lehmann noted this block is
not specifically highlighted in the Downtown Riverfront Crossings Master Plan but projects with
limited onsite parking are generally supported for the Downtown Parking Districts because
parking is to be considered at a parking district level rather than a site by site or project by
project level. Therefore, staff finds that reducing parking to promote preservation and provide
infill development is consistent with these Plans.
Staff recommends approval of EXC20-0007, to reduce the minimum parking requirements by
60% for the properties located at 109, 111 113-1153 117-1195 121 and 127 East College Street,
subject to the following condition:
1. City Council adopt the Historic District Overlay as considered in REZ20-02, to designate
Board of Adjustment
December 9, 2020
Page 20 of 28
these properties as a local historic landmark.
Lehmann noted staff received one public comment, which was included in the agenda packet.
The correspondent owns 3400 square feet of empty office space nearby and noted potential
tenants have declined to lease space due to a lack of parking and long waitlist for parking
permits in the nearby public ramps as discussed. They also note that the City needs to provide
parking to keep downtown office tenants and that exemptions can harm existing owners.
Parker asked if the City adopts the historic plan with 100% exemption, is that another vote by
the Board or is that just automatic. Lehmann replied City Council does not consider this parking
reduction, what City Council is considering right now is the historic district overlay, which
assuming that is passed will affect what can be built in the zone and what the review process is
for the zone. Again, the Historic Preservation Commission has already seen the plans as have
the Planning and Zoning Commission. At this point the applicant has requested a 60% parking
reduction as part of the special exception, so if the applicant wanted to come back later and say
they want 100% parking reduction that would need to be a different special exception.
Chrischilles asked regarding the historic landmark status, what protection does that provides
those properties. Lehmann explained that any redevelopment would have to go through
Historic Preservation Commission review. Russett added the historic overlay protects these
buildings from demolition. Any proposal to demolish or change any exterior elements of the
buildings like the facade, doors, windows, siding, etc. would have to go to the Historic
Preservation Commission for review. Chrischilles asked if someone proposed to rezone the
area and it passed, would the historic overlay carry over to subsequent owners of those
properties. Russett confirmed it would. Chrischilles asked if the owners are required to
maintain those properties in accordance with whatever the desires are of the Historic
Preservation Committee. Russett stated any proposed modifications to the exterior, current
owners or future owners, would have to go through a historic review process.
Chrischilles asked if the City can put an overlay status or historical status on these buildings,
regardless of the owner's wishes, or do the owners have to agree to it. Russett stated in this
case it was a voluntary landmark designation and the rezoning was filed by the property owner.
However, the Historic Preservation Commission has the ability to move forward any local
landmark rezoning requests to Council and if the property owner disagreed with that, they could
object and it would require a super majority of Council members to agree to the rezoning.
Chrischilles noted it seems as though the City Council or City in general, is in favor of granting
some sort of historic status to those facades and he is wondering if the same thing can be
achieved without this project. Russett replied yes, in theory, if the applicant didn't pursue the
local landmark designation, at a future date, another entity like the Historic Preservation
Commission may want to pursue a local landmark designation for these properties. Chrischilles
noted in the staff report one of the points made was currently the buildings have no protection
from demolition and obviously the City doesn't want the buildings demolished or significantly
altered, and he is just wondering if that can be achieved without the apartment building being
added and the subsequent issues that it raises in terms of parking. Russett said while yes, the
historic overlay could be achieved without the new project, there's no guarantee that without the
project and the landmark designation, that these buildings will be protected. Chrischilles noted
it was said the City could impart a landmark designation regardless of owner's approval and
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December 9, 2020
Page 21 of 28
then it would be up to the owners to object. Russett confirmed it could be done but that's not
something the City or Commission is currently proposing. They currently have a property owner
that's voluntarily open to landmarking the properties and in order to make the project work, there
needs to be some development potential.
Chrischilles noted he realizes the issue in front of the Board is not necessarily whether these
buildings get historical status but getting to what they are supposed to be looking at, he would
like to know a little more about what staff has proposed for overflow parking that may result from
the 11 story apartment building other than saying they're not worried about it because the
people that move in here are going to know in advance that they shouldn't have cars and they
probably won't move in if they don't if they have a car. Are there any other alternatives that were
considered for overflow, considering long term parking in the downtown ramps are full with long
waiting lists and there is no off street parking in the immediate area of that project.
Lehmann said he is unaware of any plans for future parking ramps or any type of parking
supplying downtown Iowa City. From staff's perspective, the developer needs to know their
market and how that relates to parking. In this case, if there is overflow, it is the responsibility of
the tenant to find parking but it shouldn't directly impact neighboring properties because the on
street parking isn't long term. So the tenants would need to find parking somewhere in the city
and if they couldn't, then that would affect who move into the place.
Chrischilles noted if prospective tenants don't want to live there because there is no long-term
plan for parking, or any idea how to accommodate the parking, it might increase vacancies in
that building. That ties into that correspondence letter received from the office owner which can't
find tenants because there is no long-term parking. Since the developer is likely going to be
asking for TIF money, what happens if the vacancy rate is such that the project isn't viable long
term and the TIF situation is negative for the City.
Hazell asked if the Chauncy put in all the parking they needed, or did they get a reduction and
what has been the impact. Lehmann noted he did not look specifically at the Chauncy, he
looked at other downtown housing projects that the applicant has done and the number of
parking spaces provided. In some cases, where they had offsite parking available upon request,
30% to 40% of units have requested parking space.
Hazell asked about the parking ramps being at capacity from 10 to 2 and how long has that
been at that capacity. Lehmann replied based on input from transit staff, it's that ramps are
generally full during peak hours, but that it has decreased dramatically due to the pandemic. As
a result, the City has released more parking passes in the last year, but they are anticipating
that demand will go back to pre -pandemic levels.
Hazell stated maybe it's not possible to answer if some of these new developments have put
heavier pressure on those parking spaces because of the pandemic. He noted however for
many years it has felt like the ramps are full during peak times so definitely a case to be made
that the City should provide more but the Board is not in the position to tell the City to do that.
Parker added there's probably too many commuters coming in during the day. Perhaps there
will be enough people that want to live downtown.
Board of Adjustment
December 9, 2020
Page 22 of 28
Lehmann noted that transit staff also spoke about was the City has some capacity in other
ramps where occasionally businesses will request parking spaces and they will be offered
spaces in a ramp that's further away with capacity, but usually the business is not interested
due to that distance and they just want something that's closer to them.
Chrischilles asked whether the staff report stated there were no long-term parking vacancies or
available permit at the present time. Lehmann replied that for those three nearest ramps
specifically, there are not permits available. This does not account for all downtown ramps.
There are still hourly parking spaces. The City has to balance hourly spaces with monthly
spaces depending on anticipated demand being between long term and short term parking.
Chrischilles noted as a matter of historical perspective, he was on the Board when it voted on 7
South Linn and the original proposal was for a 14 story building but the Board determined that
because of a lack of permit parking available, it should only be 7 stories. The applicant had no
parking included in the project, they were seeking 100% reduction in parking requirement, there
was some availability in the Tower Place parking ramp but not enough to satisfy a 14-story
building. They also used the example of 40% of occupants requesting parking based on
dwelling units, but Chrischilles believes that underestimates the calculation and it would seem
more accurate if it was based on number of bedrooms and not units. This particular project is
186 bedrooms, which times 0.4 is 74 spaces so 50 spaces is grossly inadequate.
Pretorius said they will discuss this more when they talk amongst the Board but she is assuming
from a builders perspective or developers perspective, they would love to provide as much
parking as possible but when it turns the project upside down and they're not going to be
making a profit, the project can't move forward. She is assuming the project is probably maxed
out in the parking it can in fact achieve without being in the red at the end of the day. She
acknowledged it is an assumption, and the correspondence received notes this is an issue that
currently exists regarding parking downtown, so is this project going to suffer from that as well.
Kevin Monson (Newman Monson Architects) is representing Tailwind Group and to give a little
history of this project. This started in August 2017 when the building called the Crescent Block
Building, probably better known as The Union, was put on auction and for the first time in close
to 100 years was changing ownership and the Tailwind Group headquartered in Mankato,
Minnesota, bought the building on auction. Since that time, they've been planning the project
with many different groups throughout the community, as well as the City, going through the
approval processes, which has been difficult because of its many moving parts. Monson stated
it has taken a lot of time and a lot of people's input. He stated the idea of creating landmark
status for the buildings on College Street was not the City's idea, it was Tailwinds and they
brought it to the City. They would like to landmark these buildings on the ped mall so that they
could be preserved in perpetuity. Monson noted that on the downtown ped mall, some of these
buildings have not been occupied for some time because they were not viable. They were too
large, they didn't have elevator access, and developers could not figure out how to put them
back into a usable state because they couldn't generate enough funds on their own through the
individual buildings. Therefore the idea of buying multiple parcels to save the entire block was
proposed, which is much more advantageous to the community and the City rather than to just
save one building and let the rest be torn down or destroyed. If they can maintain that entire
historic block, they can achieve a goal of the City and Historic Preservation Commission.
Monson pointed out that the Economic Development Committee of the City Council at four
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December 9, 2020
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o'clock today approved the TIF agreement to go to the full City Council and so it will go through
the entire City Council as soon as the City Attorney's Office has finished their documentation
and Tailwind has reviewed and approved that document. Monson also noted they've gone
through Historic Preservation Commission multiple times and this development has been
approved with the proposed addition by the Historic Preservation Commission who had to
approve the rezoning of the property and also approve the entire project with the landmark
status and with the new building. Monson stated the new building is the engine that drives this
project, without that engine, the historic preservation will not happen and there's not funds to
make it work. Monson added they will be going for LEED Gold, the City TIF requirements
require LEED Silver level but this will be the greenest apartment building they have seen in Iowa
City, it will be the highest performing energy building. He acknowledged that costs money, but
the whole idea is sustainability, making a walking community and increasing the density of
downtown. People who live downtown in the heart of the City don't need to drive and that's the
beauty of this project, not everybody needs or wants to drive. People in the future may not even
want a car nor live by the standards that everybody has to have a car, times are changing and
many cities are thinking about that. Cities have built all of these parking garages and with the
reduced demand in the future, whether that's 10 years or 15, what are they going to do with
these parking structures. This project is an investment in the community to create the most
sustainable project, improving the walkability and the attractiveness of downtown. Monson
acknowledged no one envisioned what downtown could be until Plaza Towers was built and no
one anticipated that downtown residences would be popular not only with students, but with the
adult population. This building is not just for students, there will be a diversity of sizes because
there will be a mix of owners, as some of the other buildings downtown already have. It's not
just students, it's professionals and young people too.
Monson also noted that because they are going LEED Gold, they will have points deducted if
they provide more parking, it is a negative when talking about LEED or sustainability. So that
would detract from the ability to achieve the LEED Gold. Monson also acknowledged the closest
three ramps are very busy but the Harrison Street parking structure, which was designed a few
years ago, has very few people and is almost empty and certainly that is a very short walk from
this project. Typically, people that want to live downtown want to live there because they enjoy
the nightlife and the amenities of downtown, there are great grocery stores and one of the
amenities being added is the Riverside Theatre. For individuals that want to have a car, they
can walk to the Harrison Street parking facility, he is sure the City has all kinds of permits
available in that parking structure, because it's not highly used. Additionally, there's a lot of
parking downtown. The negative stories are from the shoppers because they want something
convenient in and out but the long-term people, they can walk a little bit if they want a permit.
Monson reiterated it's a big project, it's gone through lots of different approvals, the reason the
City Council has not finalized the final reading of the landmark status is because if the TIF
doesn't pass, the project is dead. If the Board votes against the project for a parking reduction
tonight, the project is dead. They didn't want to get the cart too far in front of the horse because
the owners need a viable project and they could not support the landmark status as the project
is the engine to drive it.
Chrischilles asked what improvements are on the docket for these historical buildings. Monson
noted all of the final plans have been reviewed and approved by the Historic Preservation
Commission, so these are what's moving forward. The City also has the building plans for all of
Board of Adjustment
December 9, 2020
Page 24 of 28
these projects, not only the historic, but the tower as they are going through the permitting
process right now. The improvements to the historic buildings will require internal work that's
needed to make them viable, there will be elevators added, new mechanical electrical systems
being added, and new roofs. The buildings needed a deep overhaul, especially the Crescent
Block Building, which has been empty on the upper floors for decades.
Chrischilles asked if those are going to be apartments. Monson replied that the Riverside
Theater is taking the entire top floor and a portion of the second floor. Revival is also taking a
portion of the second floor and then there are four studio apartments on what used to be the
upper floor of the Union bar. They didn't want a bar on the second floor, obviously, below a
theater or above a theater, so a lot of thought has gone into those users.
Chrischilles asked how much they were asking for in the TIF proposal. Monson replied have to
wait until the final TIF development agreement is published by the City and he hasn't seen that
final agreement. The City has been negotiating with Tailwinds and he is not part of negotiations.
Chrischilles asked if a third level of parking was somehow incorporated into the building how
much that might increase the gap. Monson replied it would be impossible to design, they
couldn't circulate to the third level without destroying buildings, they were very fortunate that
they could sandwich in two levels of parking. He added an internal parking ramp system is very
inefficient and extremely expensive with the cost of a parking space in a large parking ramp at
like $25,000 a space whereas if it's a small ramp, they go up to about $50,000 to $75,000 just
for one parking space so it becomes very quickly cost prohibitive.
Chrischilles asked if there any possible way of gathering data that shows in similar projects that
are already built how many people actually own cars. Can they show whether 40% or 50% of
people request parking. Lehmann replied data may be available for the larger picture of parking
availability throughout the downtown, such as the number of spaces and how that's changed
over time, and also the number of spaces provided per unit or per bedroom in downtown
developments. However, that information may not show the individual demand for parking or the
30% to 40% as self -reported by Newman Monson. Staff does not have good access to that
information. Chrischilles asked if staff could survey apartment complexes and ask them what
their reservation requests are. Lehmann noted to answer that question, the City would have to
send surveys to complexes which would then need to survey their residents to fully understand
who is parking where. When Monson mentioned the Harrison Street ramp, that's the ramp
where the City has offered parking spaces but businesses decided it was too far away.
Chrischilles asked if there is any idea how many vacancies are in the Harrison Street ramp,
long-term permits. Lehmann said he can't give an exact number but that some people were
placed at the Harrison Street ramp even though it was not the ideal choice of businesses who
had requested parking. If the Board chose to defer this item, he could get those numbers.
Dulek added if they do defer, make sure to defer before closing the public hearing, because a
public hearing will need to be continued as well.
Monson said he feels Tailwind would support the use of the downtown parking structures, the
three closest, for commercial tenants and would not support apartment use of those structures
and he doesn't support it. He feels the city does a good job of being selective on who they sell
Board of Adjustment
December 9, 2020
Page 25 of 28
permits to in those structures because it's vital to some of the office users and downtown
apartment users do not need to have a parking spot next door. Also the downtown hotels have
to also utilize the parking spaces in the public ramps because they do not provide parking in
their structures because again that is not feasible in their cost structure. The Graduate Hotel
and The Hotel Vetro use the Dubuque Street parking structure and The Chauncey uses the
Chauncey parking structure. The new hotels on South Clinton Street also use the ground
transportation parking ramp and all of that parking is provided by the City and is important for
their vitality but to support an apartment dwelling unit, if they need parking, there's plenty of
parking to get and they don't have to sit on a waiting list to get it.
Pretorius noted she really like that Monson brought up the Gold LEED and thinks that really sets
the precedence and it'd be nice if other builders and developers would also follow those same
steps when building in Iowa City. She thinks it's something to applaud. Regarding the vehicle
situation and cars going electric or fully autonomous in the future, do they hold up a
development based on how things have been based on 50 years of expectations. It is
interesting to applaud a building for wanting to be green and energy efficient, but then to say at
the same time they need all these parking spots for vehicles that produce emissions, it's an
interesting catch 22 scenario. She understands the compromise of bringing some vitality back to
these businesses and keeping the look of the building. Additionally, with TIF funds, it has its
pluses and minuses, but the 15% affordable housing quota that comes with it is something the
City wants, more affordable housing. So maybe parking is an issue in some ramps, but there is
availability in other ramps such as the Harrison Street ramp and the Capital Street garage. The
City has done a good job of metering on -street parking to make sure it is for people who are just
visiting businesses for an hour at a time and using the ramps for longer term parking. Pretorius
also applauds somebody who's willing to take on this project, because it is hard to make it
financially feasible. But when's the next time that something like this is going to come along and
the next opportunity for this building to be rehabbed or be historically preserved to some degree
and to continue the growth in downtown Iowa City.
Monson noted the direction of the Economic Development Committee is to request that a fee in
lieu of providing low income housing in this project. So the project will provide $1.8 million
dollars to the low income housing fund for the City because that's what the City Economic
Development Committee requested they do, rather than to provide housing within the project.
Chrischilles asked if developers have any concern about too much density or too many
apartments in the downtown area with the Pentacrest Gardens project coming up. Monson
replied it is still unclear if the Pentacrest Gardens project will go ahead, and certainly
apartments that are closer in add to the vitality of downtown and are more advantageous than
those even across Burlington Street, so this project has appeal because they need activity in the
downtown to create and be an engine for the businesses, because right now they're hurting.
The more people they add downtown of all different ages, the better off downtown will be and
it's the way to preserve downtown. The other thing, they don't want mega bars added, The
Union Bar wasn't probably the best downtown business for many reasons and part of this
project is right sizing those buildings so that there is hopefully a better situation for all ages.
Chrischilles moved to defer this item and requested the actual number of permits and
locations available in City parking downtown.
Board of Adjustment
December 9, 2020
Page 26 of 28
Chrischilles noted he would like to have data on the actual number of permits available in City
parking downtown, including the Harrison Street ramp, and he feels this is a project with many
interconnecting parts and to have five days to come to a decision isn't long enough for him
Parker stated the density is what the downtown landscape desires and needs and also 10 years
from now it could look so different. The winds of generational changes are blowing and nobody
wants to get a driver's license anymore and then in 10 years Tesla's going to be called from a
smartphone app and nobody will actually own the car.
There was no second on Chrischilles motion to defer.
Pretorius closed the public hearing.
Parker moved to approved EXC20-0007, to reduce the minimum parking requirements by
60% for the properties located at 109, 111 113-115, 117-119, 121 and 127 East College
Street, subject to the following condition:
1. City Council adopt the Historic District Overlay as considered in REZ20-02, to
designate these properties as a local historic landmark.
Hazell seconded.
Chrischilles stated the general issue before them is do they feel that reducing the parking 60%
is going to cause parking problems or other types of problems subsequent to that. Regarding
findings of fact this project could be injurious to other downtown merchants, as mentioned in the
correspondence from the person who had empty office space that he can't rent.
Hazell agreed that is a good point but thinks there are two sides, there's the potential injury of
use of property based on lack of parking, and this may add to that, but on the other side, they're
bringing people who will live downtown, who have wallets and are going to spend money, and
are therefore going to bring positive impacts and improve the experience or use of those other
buildings. Additionally, as they grow towards density, parking becomes less needed and more
businesses and people will want to live there. Iowa City is unique in that it has a thriving
downtown one can live in. He lives on the north side and had only one vehicle for a long time,
and honestly, it sat in his driveway sometimes for weeks without using it because they could
access everything they needed, shopping, restaurants, the library and he's somebody that's a
20 minute walk from this proposed location. There is a new breed of people that are coming to
the area that are not going to demand parking and won't put pressure on those parking spots.
This project is a benefit that is going to bring economic benefit with both the renovations and the
spenders will contribute to the environment and properties around it. The improvement to the
front of a large amount of the ped mall will also add attraction for other businesses to come.
Chrischilles appreciated Hazell's point and noted maybe he's being short sighted because
everybody views it from their own perspective, and he is viewing it from his perspective, which
tends to be more automobile based, there is always the question of where he will park his car.
Parker noted public transportation was not even mentioned in the brief.
Hazell noted part of the problem with public transportation is, at least in Iowa City, it's that
everything comes downtown and leaves downtown, and if there's not that great of a
Board of Adjustment
December 9, 2020
Page 27 of 28
transportation system to try to get to other locations. Parker stated the argument was not made
that public transportation eases the burden on parking structures in the downtown.
Chrischilles noted the other concern he had was whether it meets the City's Comprehensive
Plan and that the issue there is the mentioned contextual infill. He doesn't really see an 11-
story modern apartment complex behind a row of historical buildings as contextual infill.
Parker noted however these buildings were once mega bars and the square footage for each
one was like 9000 square feet and no record store or clothing store can accommodate that kind
of space or leasing requirement anymore. They're trying to make it smaller to be more feasible
for downtown locations to actually rent on a monthly basis.
Chrischilles stated he is just saying that the 11-story modern apartment building doesn't really
add to the historic character of downtown.
Hazell noted that from his perspective that the fact that the Historic Preservation Commission
has reviewed it and approved it shows they have voiced their opinion on that and he feels best
to defer to them on historic appropriateness of this building.
Pretorius stated regarding the parking her one thought is if the Board tries to do anything they
don't really know what the implications are on the entire project. Monson stated in his report it
isn't feasible to achieve any more parking financially and also it starts to take away from the
green energy efficiency LEED certification for this building.
Parker stated regarding agenda item EXC20-0007 he concurs with the findings set forth in the
staff report of this meeting date, December 9, 2020 with the recommended conditions presented
by staff, and concludes 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 proposal. Hazell seconded the findings.
A vote was taken and the motion carried 3-1 (Chrischilles dissenting).
Pretorius stated the motion declared approved, any person who wishes to appeal this decision
to a court of record may do so within 30 days after this decision is filed with the City Clerk's
Office.
CONSIDER THE NOVEMBER 18, 2020 MINUTES:
Chrischilles moved to approve the minutes of November 18, 2020. Hazell seconded the motion.
A vote was taken and the motion carried 4-0.
ADJOURNMENT:
Hazell moved to adjourn this meeting, Parker seconded, a vote was taken and all approved.
Board of Adjustment
December 9, 2020
Page 28 of 28
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2020
NAME
TERM
EXP.
118
2/12
4/8
5113
5/27
6/10
7/15
10/14
11118
12/8
CHRISCHILLES, GENE
12/31 /2022
X
X
X
X
X
X
X
X
X
X
COX, ERNIE
12/31 /2020
X
O/E
X
X
X
X
X
O/E
O/E
O/E
HAZELL, ZEPHAN
12/31 /2021
X
O/E
X
X
X
O/E
X
X
X
X
PARKER, BRYCE
12/31 /2024
0/E
X
X
X
X
X
X
X
X
X
PRETORIUS, AMY
12/31 /2023
X
X
X
X
X
X
X
X
X
X
Key: X = Present
O = Absent
O/E = Absent/Excused
-- -- = Not a Member