HomeMy WebLinkAbout07-14-2021 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT
Wednesday, July 14, 2021
Electronic Meeting — 5:15 PM
Zoom Meeting Platform
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.
You can participate in the meeting and can comment on an agenda item
by joining the Zoom meeting via the internet by going to
https://zoom. us/meeting/register/tJwkf-
mvgDktHNUrKyBP09ps9hwBA65FwlAa. If you have no computer or
smartphone, or a computer without a microphone, you can call in by
phone by dialing (312) 626-6799 and entering the meeting ID 989-8076-
2761 when prompted. Providing comment in person is not an option.
Agenda:
1. Call to Order
2. Roll Call
3. Special Exception Items
a. EXC21-0006: An application submitted by Iowa City Ready Mix, Inc. requesting a
special exception to enlarge an existing heavy manufacturing use in a General
Industrial (1-1) zone to construct an addition at 1854 S. Riverside Drive.
b. EXC21-0007: An application submitted by Shive-Hattery on behalf of Regina
Catholic Education Center requesting a special exception to enlarge an existing
general education facility use in a Low Density Single -Family Residential (RS-5)
zone to construct an addition at 2150 Rochester Avenue.
c. EXC21-0008: An application submitted by Neumann Monson Architects requesting
a special exception to allow a Rooftop Service Area for a nonconforming drinking
establishment in a Central Business (CB-10) zone at 111 E. College Street.
d. EXC21-0009: An application submitted by Axiom Consultants requesting a special
exception to allow a 50 percent parking reduction for other unique circumstances to
construct a new mixed -use building at 21 S. Linn Street.
July 14, 2021
Board of Adjustment Meeting
4. Consideration of Meeting Minutes: June 30, 2021
5. Board of Adjustment Announcements
6. Adjournment
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-Iehmann(a)iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: August 11 / September 8 / October 13
Informal: Scheduled as needed.
July 14, 2021
Board of Adjustment Meeting
EXC21-0006
ITEM 3A ON THE AGENDA
Staff Report
Prepared by Staff
STAFF REPORT
To: Board of Adjustment Prepared by: Joshua Engelbrecht, Planning Intern
Item: EXC21-0006 Kirk Lehmann, Associate Planner
Parcel Number: 1022251001 Date: July 14, 2021
GENERAL INFORMATION:
Applicant: Iowa City Ready Mix Inc
1854 S. Riverside Drive
Iowa City, IA 52246
Contact Person: Matt Knepper
1854 South Riverside Drive
Iowa City, Iowa 52246
319-338-9764
knepper.icrm@gmail.com
Property Owner(s): Iowa City Ready Mix Inc
1854 S. Riverside Drive
Iowa City, IA 52246
Requested Action: Approval of a special exception to enlarge a heavy
manufacturing use in a General Industrial (1-1) zone
Purpose: To allow the construction of an addition
Location: 1854 S. Riverside Drive
Location Map:
WWRIVE•IDE
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Size: 2.3 Acres
Existing Land Use and Zoning: Industrial; General Industrial (1-1)
1
Surrounding Land Use and Zoning
Applicable Code Sections:
File Date:
BACKGROUND:
North: Open Space: Neighborhood Public (P-1)
East: Commercial & Institutional: Intensive
Commercial (CI-1)
South: Industrial: General Industrial (1-1)
West: Institutional (Airport): Neighborhood Public
(P-1)
14-413-3A: General Approval Criteria
14-4B-4C-4: Heavy Manufacturing In CI-1 And 1-1
Zones
June 7, 2021
The applicant, Iowa City Ready Mix Inc, owns a concrete manufacturing business at the subject
property, 1854 S. Riverside Drive. Concrete batch/mix plants are considered a "heavy
manufacturing use" because they may have significant external effects (odor, fumes, smoke, dust,
etc.) on adjacent, less intense commercial or industrial uses. However, the zoning code allows
heavy manufacturing uses by special exception in the property's General Industrial (1-1) zone.
Iowa City Ready Mix has been in the Iowa City area since 1963. In 2005, it became a conforming
use when it was approved through the special exception process to allow construction of a covered
structure to roof the 5 material hoppers and 4 dump trucks to be parked at that location. In total, the
site includes three buildings: two pole frame buildings totaling 18,032 square feet, and the primary
building which includes the office totaling 2,854 square feet. The Board of Adjustment did not require
any conditions in its decision dated September 14, 2005 (recorded October 18, 2005 in Book 3952,
Pages 826-828 in the Johnson County Recorder's Office).
The current special exception application (EXC21-0006) was filed to request an enlargement of the
heavy manufacturing use. Specifically, the proposed addition is to the primary building with the
office which would extend the north wall by about 9 feet, the east wall by about 2 feet, and the roof
in the center section to a height of approximately 50 feet. The addition would allow the replacement
of equipment which would decrease load time into mixers and provide additional capacity for
the silos and aggregate bins. Plans for the proposed addition are included in Attachment 4.
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 14-4B-4C-4, pertaining to Heavy Manufacturing In CI-1 And 1-1 Zones,
as well as the general approval criteria in Section 14-46-3A.
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-4C-4: Heavy Manufacturing In CI-1 And 1-1 Zones:
The proposed use must be located at least five hundred feet (500') from any
residentially zoned property.
FINDINGS:
• There are no residentially zoned properties within 500 feet.
• The closest residential zone is more than 1,000 feet from the subject property.
2. All proposed outdoor storage and work areas must be located and screened to
adequately reduce the noise, dust, and visual impact of the proposed use from
surrounding properties.
FINDINGS:
• The proposed addition to the primary building will allow for manufacturing equipment
and silos to be replaced and enclosed in the building envelope, which will reduce noise
and dust. Other buildings on the property will not be impacted by the addition.
• The addition includes updates to the facade which will have a positive visual impact.
3. Traffic circulation and access points must be designed to prevent hazards to
adjacent streets or property.
FINDINGS:
• The property is accessed from 3 curb cuts on S. Riverside Drive, which acts as a
frontage road for Old Highway 218.
• Most of the site around the primary building is paved which provides access through
and around the site, including to the other buildings and equipment.
• The addition will retain adequate space for circulation to the north and east of the
primary building and will otherwise not affect circulation or access.
• Additional daily truck traffic is not expected to significantly increase due to the
proposed improvements.
General Standards: 14-413-3: 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:
• The proposed addition will enclose new manufacturing equipment within the building.
• The new equipment is expected to decrease load times into mixers and increase onsite
storage capacity, which decreases reliance on shipping tankers and dump trucks.
Daily truck traffic is not expected to significantly increase.
• The roads surrounding this use do not have sidewalks or bike trails, so pedestrian
interaction with the subject property is minimal.
• The property is in the 100-year floodplain, so a floodplain permit will be required to
document that the proposed addition will not be in the 100-year floodplain.
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.
FINDINGS:
• The proposed addition is in the transitional zone of the municipal airport to the west
which restricts maximum building height to 75 feet. The proposed addition is less than
this and will thus not impair the use of the airport. The Federal Aviation Administration
has already accepted the proposed addition (Project: IOWA—000639526-21).
• Properties to the south are zoned I-1 and contain industrial uses. Owners have not
raised concerns over the proposed addition.
• Trees to the north and east screen the use from public trails across the Iowa River.
• The proposed project will improve the building's appearance and will not negatively
impact surrounding properties or their 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:
• The proposed addition is relatively small, and the enlarged building will be more than
100 feet from adjacent properties to the west and south and more than 50 feet from
public property to the north.
• The surrounding neighborhood is already developed with industrial and public uses,
and the proposed addition will not affect future development or improvement.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• The site has access to adequate utilities, and improvements to utilities, where required,
must be approved by the appropriate entity prior to construction.
• Roads, access drives, and stormwater management will not be significantly affected
by the proposed addition.
• Compliance with the City's building code and related requirements will be reviewed
during the site plan and building permit processes.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• The property is accessed from S. Riverside Drive which acts as a frontage road to Old
Highway 218. Because S. Riverside Drive forms a dead-end north of the property,
traffic is primarily limited to vehicles accessing the subject property.
• The property will retain adequate space for circulation around the building.
• The proposed addition is not expected to significantly increase traffic to the site.
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 proposed addition will be approximately 50 feet tall, which is higher than the 45-
foot maximum building height allowed in the 1-1 zone. However, the maximum building
height may be increased by 1 foot for every 2 feet of additional setback (14-2D-4C-
4a). The building is set back adequately from all lot lines to allow for approximately 8
feet of additional building height, so the proposed addition complies with this standard.
• Buildings on the site total 20,886 square feet, and heavy manufacturing uses require
1 off-street parking space for every 750 square feet of floor area and 2 off-street
loading spaces for uses between 20,001 and 40,000 square feet. The proposed
addition will add approximately 600 square feet, which will require an additional
parking space but no additional off-street loading spaces when looking at parking
across the site.
• The Sensitive Areas Ordinance requires a 50-foot buffer between the Iowa River and
any development activity, but the proposed addition is not within that buffer.
• Staff will ensure the site design conforms with all applicable zoning standards and
regulations, including requirements related to parking and sensitive areas, during the
site plan review.
• The property is in the 100-year floodplain, but the proposed addition appears to be
outside the floodplain. The applicant will need to confirm this by obtaining a floodplain
permit prior to issuance of a building permit.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The Future Land Use Map of the Comprehensive Plan designates this area for General
Industrial, and the Future Land Use Map of the South Central District Plan designates
this area for Industrial / Manufacturing Uses.
• One of the Comprehensive Plan's goals is to "Increase... the property tax base by
encouraging the retention and expansion of existing businesses...."
• The current land use of this property is consistent with the Comprehensive and District
Plans and will not change because of the proposed special exception.
STAFF RECOMMENDATION:
Staff recommends approval of EXC20-0006, to allow enlargement of a heavy manufacturing use
within a General Industrial (1-1) zone for the property located at 1854 S. Riverside Drive in order
to construct an addition.
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
July 14, 2021
Board of Adjustment Meeting
EXC21-0006
ATTACHMENT 1
Location Map
Prepared by Staff
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July 14, 2021
Board of Adjustment Meeting
EXC21-0006
ATTACHMENT 2
Zoning Map
Prepared by Staff
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July 14, 2021
Board of Adjustment Meeting
EXC21-0006
ATTACHMENT 3
Correspondence
Submitted by the Identified Party
June 28, 2021
RE: Special Exception for 1854 S. Riverside Dr.
Dear Property Owner:
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www. lcgov. org
The Iowa City Board of Adjustment has received an application submitted by Iowa City
Ready Mix Inc, requesting a special exception to allow the construction of an addition to
a heavy manufacturing use within a general industrial (1-1) zone for the property located
at 1854 S. Riverside Drive (see attached map).
As a neighboring property owner, you are being notified of this application. If you know of
any interested party who has not received a copy of this letter, we would appreciate it if
you would inform them of the pending application.
The Board of Adjustment will review this application at either in -person meeting in Emma
Harvat Hall, City Hall, 410 East Washington Street, Iowa City or an electronic public
meeting via Zoom. Regardless of its location, the meeting time is tentatively scheduled
for July 14, 2021 at 5:15 p.m. Because the meeting is subject to change, check the City
of Iowa City's website, www.icgov.org/BOA, the week of the meeting to confirm the
meeting agenda and location.
An electronic meeting, pursuant to Iowa Code section 21.8, may be held because a
meeting in person is impossible or impractical due to concerns for the health and
safety of Board members, staff and the public presented by COVID-19.
Details on how to participate if it is an electronic meeting will be included in the
agenda packet, which will be available at www.icgov.org/BOA the Monday before
the meeting. Providing comment in person is not an option.
You are welcome to attend this public meeting to present your views concerning this
application. You may also submit written information for consideration to me in advance
of the meeting, and I will include your comments in the information to be considered by
the Board.
Please do not hesitate to contact me at kirk-lehmann(a)iowa-citv.org or 319-356-5230 if
you have any questions or comments about this application or if you would like more
information on the Board of Adjustment review process.
Sincerely,
Kirk Lehmann, AICP
Associate Planner
City of Iowa City
Department of Neighborhood and Development Services
L Board of Adiustment: Freauently Asked Questions
What is the Board of Adjustment? What is a variance? How can I participate in the
The Board of Adjustment is panel made
up of Iowa City citizens appointed by
the City Council. The board reviews and
grants special exceptions and variances
and also considers appeals when there
is a disagreement about an
administrative zoning decision made by
the City. Members of the board act like
judges, making decisions about
individual properties and uses that may
have difficulty meeting a specific
zoning regulation or to resolve disputes
about administrative zoning decisions.
The actions and decisions of the Board
of Adjustment are binding upon all
parties unless overturned upon appeal
to District Court.
What is a special exception?
There are two types of special
exceptions.
1. Within the zoning code a number
of land uses are set apart as special
exceptions that may be permitted
in certain zones. Rather than
permitting these uses outright,
each is reviewed on a case -by -case
basis to ensure that they do not
negatively affect surrounding
properties. For example, daycare
centers are permitted in residential
zones by special exception. The
same is true of churches and private
schools. All may be appropriate
uses in residential zones, if certain
criteria such as parking, screening,
and other requirements are met.
2. Adjustments to specific zoning
requirements in cases where there
are unique circumstances. Again,
the opportunity to adjust these
requirements and the criteria for
allowing such adjustments are
described in the Zoning Code. For
example, a homeowner may apply
for a reduction in a building setback
in order to accommodate an
addition or other improvement to
their property.
The Zoning Code lists explicitly each
use and standard for which a special
exception may be considered. In other
words, you can't request a special
exception for everything —only those
things called out as special exceptions
in the Code. The Code also provides
criteria specific to each request.
Applicants must provide evidence that
they satisfy each of these criteria, and
the Board must consider these criteria
when making a determination as to
whether to grant a special exception.
A variance grants a legal right to an
owner to develop property in a manner
that deviates from a specific provision
of the Zoning Code and for which a
special exception is not expressly
allowed. In seeking relief from the
restrictions in the Zoning Code, the
property owner applying for the
variance must show that the strict
application of the Zoning Code would
cause and unnecessary hardship such
that the property in question is
unusable or that a literal interpretation
of the ordinance would deprive the
applicant of rights commonly enjoyed
by other properties in the zoning
district. In addition the circumstances
that create this hardship must be
unique to the property in question and
must not be of the property owner's
own making.
What is an appeal?
The Board considers and rules on
appeals from any citizen who believes
there is an error in any decision,
determination, or interpretation made
by the City or its designee in the
administration of the Zoning Code. As
with their other decisions, the Board's
ruling is binding on all parties unless
overturned on appeal to the District
Court.
How does the review process
work?
An application requesting a special
exception, variance, or an appeal is a
request. The Board makes a decision on
whether to grant a specific request only
after City staff have provided a review
of an application and the public has had
an opportunity to make its concerns
known. The Board not only has the right
to approve or deny requests, but may
also choose to approve request subject
to certain conditions.
In making decisions, the Board may only
consider comments and evidence
relevant to the specific standards
provided in the code. City Development
Staff provide reports to the Board for
each application on the agenda. The
Staff Report provides background
information on the application, informs
the Board of all the criteria in the Code
that a particular application must
satisfy, and interprets whether and
how an application has satisfied these
criteria.
process?
Because most applications will be
reviewed and decided upon at a single
public hearing, it is important for
interested parties to respond in a
timely and informed manner. Those
who wish to speak for or against an
application are given an opportunity to
be heard by the Board at the hearing,
but may also submit written comments
prior to the meeting.
Written comments must be delivered to
the Department of Neighborhood &
Development Services at City Hall no
later than 5 days before the hearing in
order to be included with the Staff
Report. All correspondence submitted
after that time will be delivered to the
Board at the time of the hearing.
The Board considers the application,
the recommendation of staff (in the
staff report) and any additional
information, correspondence, or
testimony provided at the hearing.
Board of Adjustment hearings are
usually held on the second Wednesday
of each month at 5:15 p.m. in Emma J.
Harvat Hall in City Hall. You can find
more information at the following
website: www.icgov.org/boa.
The Staff Report can be very useful to
anyone who is unfamiliar with the BOA
process or with the Zoning Code and
will provide an understanding of the
criteria that the Board must consider in
rendering its decision. Staff Reports
may be obtained from the Department
of Neighborhood & Development
Services. E-mail kirk-Lehmann@iowa-
city.org to request a copy of a report.
If you have questions about an
application or if you simply want more
information about issues related to the
Board of Adjustment, please feel free
to contact Kirk Lehmann at 319-356-
5230 or e-mail kirk-Lehmann@iowa-
city.org.
To submit comments to the Board of
Adjustment write to the Board of
Adjustment c/o the Department of
Neighborhood Et Development Services,
410 E. Washington St., Iowa City IA
52240 or e-mail kirk-lehmann@iowa-
cit .or .
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Kirk Lehmann
From: Matt Knepper <knepper.icrm@gmail.com>
Sent: Wednesday, June 23, 2021 12:06 PM
To: Kirk Lehmann
Subject: Re: EXC21-0006: Comment Letter
I don't have the specifics on the new plant production times, but we are hoping for a 25%faster load time into our
mixers. We are not adding more mixers to our fleet, so the same mixers should be able to get to projects faster. This
gets our mixers back to us quicker and allows more of a chance for us to deliver concrete to contractors when they want
it, rather than having them wait on busy days. We hope to increase production, but given the current economy, we just
want to make sure we can deliver our concrete ontime. The main purpose of the new equipment and building
addition/alterations is to get more capacity from our silos and aggregate bins, so we are not relying on shipping tankers
for cement and fly ash or our dump trucks for rock and sand. These deliveries can be done before we are busy, so that
will lead to less congestion on our site. Our equipment is old, so it needs to be replaced. And we want to upgrade it
given the opportunity.
Daily truck traffic will not be an issue. Like any production facility, there will be times we are busy and times we aren't
moving. No noticeable change will be noticed from our current loading sequence.
With 5 ready mix plants in the area, we are just trying to keep our current client base and improve our service, without
the worry of running out of material.
Let me know if you have any other questions.
Thanks,
Matt
Matt Knepper
General Manager
Iowa City Ready Mix Inc.
1854 South Riverside Dr.
Iowa City, Iowa 52246
Office:319-338-9764
Fax:319-338-7910
Cell: 319-325-6567
knepper.icrm@gmail.com
Kirk Lehmann
From: Matt Knepper <knepper.icrm@gmail.com>
Sent: Tuesday, June 8, 2021 11:12 AM
To: Kirk Lehmann
Subject: Re: 1854 S Riverside Or Concrete Plant Expansion
Attachments: We sent you safe versions of your files; Building Alteration Notes on Plan View.pdf;
existing_with_lopro_12_overlay-Rev_1 WITH NOTES.pdf, PlotandNewPlans.Clarified.20210608.pdf
RISK
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
We did not hold a formal Good Neighbor Meeting, just spoke with a few close neighbors. So I guess that should of been
marked as "No".
I did not speak with Julie about the Floodplain yet, I was thinking that was after this approval as one more permit we
would need to get later.
The drawing I sent you earlier is not accurate since the new replacement equipment is longer than expected, so the
room we wanted to house the electrical will be setback near the NW corner of the existing building, instead of straight
north of the center section of the building. On the first plan view sheet I uploaded to you, the top two drawings show an
overlay of the existing building walls, then ATS redrew the lines on the north end for the addition and the widening of
the 72' c 20' area, and that drawing is in the middle of the page. I have two new sheets attached here with clarifications,
I also marked the addition in a blue rectangle, broke into two rectangles (one for the electrical/storage room and one
area that will be open to the main plant area). The western room will have a lower roof and be used for the electrical
panels and storage. The center section that is about 72' x 20' has been extended about 12' to the north of the existing
wall and extended vertically, this area will be one room to house the new replacement equipment from Con-E-Co. This
center section is shaded darker to note the higher roof over the full 72' x 20'. The east wall in that 72' x 20' area will be
moved about 2' to the east, so alterations with the connections of the intersecting walls will need to be done. Like I
mentioned in the application, we are only adding onto the building about 9' to north. The rest of the alterations have to
do with the reconstruction of the tower to extend the full length of the building from the north to south ends, instead of
just half the length as it is now.
As for plans from M26, we should have them by July 9th. I will keep you informed.
I am attaching a new plans upload for you, it has an extra sheet with notes for the plan view, plus I added notes to the
sheet with the existing building plan views and new section views. Let me know if this is clearer.
Matt
Matt Knepper
General Manager
Iowa City Ready Mix Inc.
1854 South Riverside Dr.
Iowa City, Iowa 52246
Office: 319-338-9764
Fax:319-338-7910
Cell: 319-325-6567
July 14, 2021
Board of Adjustment Meeting
EXC21-0006
ATTACHMENT 4
Special Exception Application
Submitted by the Applicant
'•' EnerGov
EXC21-0006
Project Description:
Our manufacturing equipment (rock bins, cement silos, dust collector, weigh hoppers, and
conveyer belts) needs to be replaced within our plant building. In order to accommodate the
new equipment, we need to move a portion of the north side wall about 12' north of the
existing location (actually 9'-15/8" from the furthest northern wall as shown on the drawings).
We are planning on extending the center section of our plant building vertically to enclose lower
profile silos within the building, yet keeping the roof under 55' to satisfy height requirements
with the FAA due to our location next to the airport. We have spoken to the IC Airport and this
won't be an issue with them since we are between runways. Currently our silos protrude
through the roof and the dust collector is outside.
With the raised enclosure, the upgraded dust collection system and silos will be inside, allowing
for a cleaner look from the street and considerably less chance for dust since the new dust
collector automatically recycles the dust back into the concrete mixers. No need to empty the
dust collector as it is set up now. The west side of the building where the offices and dispatch
are, will not be affected. The east side of the building will get new metal siding to match the
center section that we will be extending vertically and to the north. Some minor alterations to
walls and roofs will happen at the intersections with the center section being raised to make it
look clean. M28 is engineering the building enclosure and foundation for the replacement
equipment.
Did you hold a Good Neighbor Meeting? No
Has a pre -application meeting been held? Yes V
Date of previous application or appeal f led' 9/14/2005
All special exceptions have specific approval criteria that must be met. Please indicate which specific
approval criteria are applicable to this request. Contact staff for help identifying the specific approval
criteria that must be met.
Specific Criteria 14-4B-4C-4
General Criteria 14-48-3A
Provide code section(s) here
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Specific Criteria (14-4B-4C-4): Heavy Manufacturing in 0-1 and 1-1 Zones
(Concrete Batch Plants)
a. The proposed use must be located at least five hundred feet (500') from any residentially
zoned property.
Iowa City Ready Mix is not located within 500' of any residentially zoned property.
b. All proposed outdoor storage and work areas must be located and screened to adequately
reduce the noise, dust, and visual impact of the proposed use from surrounding properties.
With the vertical enclosure extension we are proposing, it will completely contain the
equipment and 2 silos located over the equipment. The dust collector will now tie together all
the silos and directly discharge it into the concrete mixer. Since the dust collector will be
located within the enclosure, no dust will escape since it will not need to be emptied like the
current one that is located outdoors. Much cleaner process inside and outside.
Moving a portion of the north wall further to the north will allow room for the replacement
equipment to remain inside the building (replacement equipment is slightly wider and longer
than the current equipment). Noise will be lower than what it currently is due to new insulation
and framework.
Visually the plant/office building will look brand new with clean roof lines, yet keep the original
street face that has been here since Iowa City Ready Mix Inc. owned the property in 1989. The
original brick around the office portion of the building will remain, then all new metal
siding/roofing will replace the aged metal. The vertical extension of the center of the building
will hide the 2 inside silos (currently extend through the roof) and block the view of the exterior
silos behind the building. The exterior dust collector will be removed from the SE corner of the
exterior since we will have a new one located inside the building. The building will look much
less cluttered and be brought up to date.
c. Traffic circulation and access points must be designed to prevent hazards to adjacent streets
or property.
Traffic will not be interrupted since we are only extending the north portion of the center of the
existing building to the north. No roads or highways are affected. We need room to drive our
dump trucks and mixers past each other while rinsing down on that side of the building, so we
don't want to restrict ourselves any more than we need to. All construction related work will be
on our property, so no hazards to adjacent streets or properties.
General Criteria (14-413-3A)
1. The specific proposed exception will not be detrimental to or endanger the public health,
safety, comfort or general welfare.
The small movement to the north of a portion of the north wall and the vertical extension of the
center of the building will have no affect on public health, safety, comfort, or general welfare.
We are located on a dead-end street and there are no sidewalks for pedestrians, so very little
traffic near our building.
2. The specific proposed exception will not be injurious to the use and enjoyment of the other
property in the immediate vicinity and will not substantially diminish or impair property
values in the neighborhood.
Our proposed exception will only increase the value of the surrounding properties since our
building will look nearly new with some historical character. The value of our property will be
increased since it will have new replacement equipment within, new siding/roofing, and
upgraded electrical and plumbing within.
It will not be injurious to the use and enjoyment of the other properties around. There are trees
along the riverbank and open grass between us and the boat ramp located 1,500' to the north.
The airport is to our west, and we are not in line with their runways (we have talked to them
already and they don't see any problems with our plans as long as we have a blinking red light at
our highest point). The river is to our east and many trees and existing buildings line the river.
Businesses to the south are friends of ours and we pose no issue to them with our proposed
building alterations (Kelly Plumbing and Heating and Hollywood Graphics).
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.
As mentioned already, we are staying well within our property and will only be improving the
aesthetics of the building in the eyes of the surrounding property owners. The small extension
of the north wall and vertical extension of the center of the plant will not interfere with any
future plans with the airport nor the city property to the north. The existing silos on the east
side of the building are acceptable to the airport, so by enclosing shorter interior silos, the
building will not impede the normal and orderly development or improvements of the airport.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided.
Water, gas, and electrical services will be unchanged or upgraded as necessary per
manufactures recommendations for the replacement equipment. Advanced Technical Services
and Con-E-Co have requirements for water and electricity for the replacement equipment, so
we are working with Advanced Electric and MidAmerican Energy to identify, plan, and schedule
the temporary and permanent electrical layout. A site meeting has already taken place between
MidAmerican Energy and Advanced Electric. A plan is ready to be implemented and
MidAmerican Energy doesn't foresee any issues with the electrical upgrade that the Con-E-Co
equipment will require. The electrical, gas, water, and sewer will all be able to be relocated (if
necessary) prior to the new foundations being installed to move the north wall to the north.
Access roads are not necessary due to the location of the project within our property, and our
site is already designed to contain all drainage. We have a pit with an underground overflow
tank that we pump out daily that is located in the northeast corner of the site. The concrete
pavement has been raised to ensure all flow lines flow to the pit for containment and removal.
Curbing is in place along the north edge of the property to also prevent unwanted wash water
from leaving the site. These containment fixtures were approved by the EPA to protect the Iowa
River from runoff from our site.
5. Adequate measures have been or will be taken to provide ingress or egress designed to
minimize traffic congestion on public streets.
The building alteration we are proposing is located on the north side the building, which is
adjacent to the dead end of Riverside Dr. No traffic will be disrupted on public streets. Access
will still be available to our building throughout the construction period, which should be limited
to 6-8 weeks from start to finish.
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.
As discussed in the Specific Criteria for Approval in Section 14-4B-4C-4, all requirements are met
for our Heavy Manufacturing CI-1 and 1-1 Zones. Please see responses in that letter which is
attached to this Special Exemption Application.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended.
Iowa City Ready Mix, Inc. has been in business since 1963. We have supported the University of
Iowa, University of Iowa Hospitals and Clinics, Iowa City Community School District, Private
school districts, and many local organizations. We also want our community to grow and
prosper. With this Special Exception, it will only help this vision become a reality. Updating one
business at a time. We will be more energy efficient with the upgraded replacement plant since
ours is over 50 years old. The building will get a facelift and revised exterior to make it appear
up to date with current new buildings in the area. We have already updated our containment
structures around the entire site to protect the Iowa River and Public roadways from site runoff
and worked with the City of Iowa City to improve the Imperial Court cul-da-sac. This
replacement plant equipment and building updates/alterations will allow our business to
continue to grow and employ more personnel. Consistent quality concrete is what we have
provided for decades, and with these improvements, we can continue for many more decades.
We are proud of our product, our employees, and our City for making us a successful business.
Notes
We have already had walk throughs and meetings with Pipe Pro for the water and gas,
Advanced Electric for the Electrical, Advanced Technical Services (ATS) for the replacement
Con-E-Co equipment, and MidAmerican Energy. ATS, Pipe Pro, and Advanced Electric have all
done the majority of the construction for Hawkeye Ready Mix's new plant and Metro Ready
Mix's new plant in Coralville in the past few years. They are very familiar with the design and
construction process. We have reviewed both of their plants and with the help of M213
Engineers, ours will take all the positive attributes from both plants to make ours very efficient
and safe. Due to our timeline, we don't have the structural drawings from M213 yet, but should
have them soon. The drawings we have submitted with this application were created by ATS
and were sent to M213 to prepare a full set of Plans and Specifications. With the pandemic, we
would like to start some of the upgrades this year since it will take almost 12 months for the
replacement plant equipment to be built. We want to keep our shutdown as brief as possible
as not to disrupt our loyal customers.
7/8/2021 Notice of Proposed Construction or Alteration - Off Airport
rjL p' Federal Aviation
Administration
a OE/AAA
Notice of Proposed Construction or Alteration - Off Airport
Add a New Case (Off Airport) - Desk Reference Guide V_2018.2.1
Add a New Case (Off Airport) for Wind Turbines - Met Towers (with WT Farm) - W -Barge Crane - Desk Reference Guide V_2018.2.1
Name: IOWA-000639526-21
Case Status
ASN: 2021-ACE-5278-OE
Status: Accepted
Public Comments: None
Construction / Alteration Information
Sponsor: Iowa City Ready Mix, Inc.
Details for Case : Plant Enclosure
Show Project Summary
Notice Of Alteration
Duration: Permanent
if Temporary: Months: Days:
Work Schedule - Start: 09/01/2021
Work Schedule - End: 09/01/2021
-For temporary cranes -Does the permanent structure require separate notice to the FAA?
To find out, use the Notice Criteria Tool. If separate notice is required, please ensure It is filed.
If it is not filed, please state the reason in the Description of Proposed.
Slate Filing: Not filed with State
Structure Details
Latitude: 41- 38' 17.51 N
Longitude: 91- 32' 16.80" W
Horizontal Datum: NAD83
Site Elevation (SE): 689 (nearest foot) PASSED
Structure Height (AGL): 51 (nearest foot)
Current Height (AGL): 45 (nearest foot)
- For notice of alteration or existing provide the current
AGL height of the existing structure.
Include details in the Description of Proposal
Height (AGL): (nearest foot)
Sudr of a crane or construction equipment
d should be listed above as the
GL). Additionally, provide the minimum
id delays if impacts are identified that
to a reduced height. If the Structure Height
Mng height are the same enter the same
Marking/Lighting: Rod lights
Other:
.ommended Marking/Lighting:
'rent Marking/Lighting:
None
Other:
0
vest Cii
Iowa Cey
nest State:
Iowa
cription of Location:
The office/Plant sanding located near the
the Project Summary page upload any certified survey.
NW corner of our site.
.cription of Proposal:
The center section of our existing building
located in the NW corner of our site
(Office/ Plant Building) will be
constructed to enclose new plant
equipment and new lower profile silos.
Previous Back to Next
Search Result
Date Accepted: 06/16/2021
Date Determined:
Letters: None
Documents: 06/16/2021 IM PlctandNewPlans.C—
Projett Documents:
None
Structure Summary
Structure Type: Building
Structure Name: Plant Enclosure
FDC NOTAM:
NOTAM Number:
FCC Number:
Prior ASN:
Proposed Frequency Bands
Select any combina0on of Me applicable frequencieslpowers identified in the
Colo Void Clause Coalition, Antenna System Co -Location, Voluntary Best
Practices, effective 21 Nov 2007, to be evaluated by the FAA with your filing.
If not within one of the frequency bands listed below, manually input your
proposed hequency(tes) and power using Me Add Specific Frequency link.
Add Specific Frequency
Law Free High Free, Free, Unit ERP ERP Unit
Low Fred High Flee, Free Unit ERP ERP Unit
153D2 153.02 Mrz 310000 W
https://oeaaa.faa.gov/oeaaa/external/eFiling/iocationAction.jsp?action=showLocationForm&locationlD=4866598&row=0 1/2
Properties within 300 feet of our Property at 1854 S Riverside Dr
Address
Parcel Number
Class
Owner
1854 S Riverside Dr (52246)
1022251001
1
Iowa City Ready Mix Inc
79 Imperial Ct (52246)
1022251003
1
Iowa City Ready Mix Inc
1700 S Riverside Dr (52246)
1015351001
C
City of Iowa City
1910 S Riverside Dr (52246)
1022251002
C
Bednarz Investments LLC
1936 S Riverside Dr (52246)
1022251008
C
Bednarz Investments LLC
23 Imperial Ct (52246)
1022251007
C
Mark D. Vernon
Dana R. Vernon
35 Imperial Ct (52246)
1022251006
C
Daniel J. Lammers
Kathryn M. Lammers
57 Imperial Ct (52246)
1022251005
C
George N. Kondora, Jr.
69 Imperial Ct (52246)
1022251004
C
George N. Kondora, Jr.
1960 S Riverside Dr (52246)
1022252004
1
Moore Business Forms Inc.
1801 S Riverside Dr. Ste A thru L (52246)
1021126004
C
City of Iowa City
101 Southgate Ave. (52240)
1022228002
C
Metro Pavers
2185 S Gilbert St (52240)
1022279001
C
Iowa City Community School District
*River Bank on East Side of Iowa River
1022228003
C
City of Iowa City
*River Bank on East Side of Iowa River
1022276004
C
City of Iowa City
*Iowa River borders east side of property
*Imperial Ct partially borders South side of property
*S Riverside Dr borders west side of property
*Old Highway 218 S is west of property
E�J
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I
Legal Description of Property
Parcel Number: 1022251001
Deed Holder: Iowa City Ready Mix Inc
Property Address: 1854 S Riverside Dr
Iowa City
Class: Industrial
Map Area: 21500-COM
Lot: 9
Legal Description: IMPERIAL COURT INDUSTRIAL PARK COM IN CENTER OF RD 7.22 CH E OF NW
COR SWNW; S 2 Y2 CH; E TO WBANK OF RIVER; NWLY ALONG RIVER TO PT 2.71CH E OF BEG; W TO
BEG.EXCEPT HWY; & INCL. LOTS 9 & 10 IMPERIAL COURT INDUSTRIAL PARK.
July 14, 2021
Board of Adjustment Meeting
EXC21-0007
ITEM 313 ON THE AGENDA
Staff Report
Prepared by Staff
STAFF REPORT
To: Board of Adjustment Prepared by: Joshua Engelbrecht, Planning Intern
Item: EXC21-0007 Kirk Lehmann, Associate Planner
Parcel Number: 1011178001 Date: July 14, 2021
GENERAL INFORMATION:
Applicant: Shive-Hattery Architecture + Engineering
2839 Northgate Drive
Iowa City, IA 52245
Contact Person: Natalie Oppedal
Shive-Hattery Architecture + Engineering
2839 Northgate Drive
Iowa City, IA 52245
(319)354-3040
noppedal@shive-hattery.com
Property Owner(s):
Requested Action:
Purpose:
Location:
Location Map:
Size:
Regina Catholic Education Center
2150 Rochester Avenue
Iowa City, IA 52245
Approval of a special exception to enlarge a
general educational facility use in a Low Density
Single -Family Residential (RS-5) zone
To allow construction of an addition
2150 Rochester Avenue
38.5 Acres
1,850 square foot addition
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Applicable Code Sections:
File Date:
BACKGROUND:
Institutional (School); Low Density Single Family
Residential (RS-5)
North: Open Space; Neighborhood Public (P-1)
East: Residential; Low Density Single -Family
Residential (RS-5) & Low Density Multi -
Family Residential (RM-12), some of which
is in a Planned Development Overlay (OPD)
South: Residential & Commercial; Low Density
Single Family Residential (RS-5) &
Neighborhood Commercial (CN-1)
West: Residential & Open Space; Low Density
Single Family Residential (RS-5) and
Neighborhood Public (P-1)
14-4B-3A: General Approval Criteria
14-4B-4D-11: General Educational Facilities In RS-
5, RS-8, RS-12, And RNS-12 Zones
June 8, 2021
The applicant, Shive-Hattery, is designing a small addition on behalf of Regina Catholic Education
Center for their school at 2150 Rochester Avenue. The subject property consists of 38.5 acres of
land located north of Rochester Avenue and west of N. 1 st Avenue. Regina is considered a "general
educational facility" use, which is permitted by special exception in the property's Low Density
Single -Family Residential (RS-5) zone.
Regina has expanded several times over the years, which requires a special exception each time
a modification (i.e. addition or new building) is larger than 500 square feet. The most recent
expansion was in 2017 when the Board approved two special exceptions (EXC17-0002 & EXC17-
0003 recorded May 5, 2017 in Book 5644, Pages 950-952 and June 27, 2017 in Book 5668, Pages
820-823 in the Johnson County Recorder's Office respectively) to allow for the construction of a
new athletic facility, an 18,500 square foot addition to the school building, and the expansion of the
parking areas to the north and south of the school.
For the current special exception application (EXC21-0007), Regina is requesting approval to allow
construction of 1,850 square feet of additions to the school building, one in an interior courtyard and
the other on the south-central part of the building. The proposed additions will include the
construction of two new restrooms, a pre -kindergarten classroom and an associated pre-
kindergarten main office and reception area. This will group the pre -kindergarten program into a
single area. Plans for the proposed additions are included in Attachment 4.
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 14-4B-4D-11, pertaining to General Educational Facilities In RS-5, RS-
8, RS-12, And RNS-12 Zones, as well as the general approval criteria in Section 14-4B-3A.
For the Board of Adjustment to grant this special exception request, all of the criteria 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-4D-11: General Educational Facilities In RS-5, RS-8, RS-12,
And RNS-12 Zones:
a. The following setbacks are required in lieu of the setbacks specified in the base
zone. However, the board of adjustment may reduce these setbacks, subject to the
approval criteria for setback adjustments as specified in subsection 14-2A-4135,
"Adjustments to Principal Building Setback Requirements", of this title.
(1) Front: Twenty feet (20').
(2) Side: Twenty feet (20').
(3) Rear: Fifty feet (50').
FINDINGS:
• The proposed additions will be on the central, south side of the building which complies
with all enhanced setback requirements for general educational facilities.
b. The proposed use will be designed to be compatible with adjacent uses. The board
of adjustment will consider aspects of the proposed use, such as the site size, types
of accessory uses, anticipated traffic, building scale, setbacks, landscaping, and
location and amount of paved areas. The board of adjustment may deny the use or
aspects of the use that are deemed out of scale, incompatible, or out of character
with surrounding residential uses, or may require additional measures to mitigate
these differences. Additional requirements may include, but are not limited to,
additional screening, landscaping, pedestrian facilities, setbacks, location and
design of parking facilities, and location and design of buildings.
FINDINGS:
• This general educational facility use has been in place since 1958, and multiple
additions have been approved by special exception over the years.
• Buildings on the site total approximately 165,000 square feet, and the proposed
additions total 1,850 square feet, which is small compared to the scale of the building.
• The additions are not expected to increase occupancy due to the uses of the existing
and proposed space. The site plan indicates that the existing building in the proposed
renovation area has an occupancy of 303, while the proposed building additions and
renovated areas will decrease the occupancy to 277. Occupancy will be calculated
during the building permit review.
• The proposed use will retain compatibility with adjacent uses.
c. Given that large parking lots can seriously erode the single- family residential
character of these zones, the board of adjustment will carefully review any requests
for parking spaces beyond the minimum required. The board may limit the number
of parking spaces and the size and location of parking lots, taking into account the
availability of on street parking, the estimated parking demand, and opportunities
for shared parking with other nonresidential uses in the vicinity of the use.
FINDINGS:
• Regina has two primary parking lots, one to the south along Rochester Avenue with
approximately 130 spaces, and one to the north of the building with approximately 170
spaces. No new parking spaces are being proposed as part of this application.
• The required minimum parking for the use is approximately 226 spaces, and the
proposed additions are small. Regina will retain adequate parking to accommodate
new space and will otherwise not modify onsite parking.
d. The proposed use will not have significant adverse effects on the livability of nearby
residential uses due to noise, glare from lights, late night operations, odors, and
litter.
FINDINGS:
• The proposed additions are small compared to the overall scale of the building and
are not expected to increase occupancy.
• The proposed additions are approximately 450 feet from any neighboring residential
uses and will not have significant adverse effects on the livability of those uses.
e. The building official may grant approval for the following modifications to an
educational facility, without approval from the board of adjustment, upon written
findings that the modification will not be detrimental to the public health, safety, or
welfare, or be injurious to the other property or improvements in the vicinity and in
the zone in which the property is located:
(1) An accessory storage building less than five hundred (500) square feet in size.
(2) A building addition of less than five hundred (500) square feet, provided the
addition does not increase the occupancy load of the building.
FINDINGS:
• The proposed addition is 1,850 square feet. The building official cannot approve the
additions and therefore a special exception is required.
f. If the proposed use is located in a residential zone or in the central planning district,
it must comply with the multi -family site development standards as set forth in
section 14-213-6 of this title.
FINDINGS:
• Many multi -family site development standards do not apply to the proposed addition
as an institutional use in a single-family zone, including standards related to parking
design, building entrances, and balconies and exterior stairs.
• The proposed addition will have to comply with certain standards related to aisles and
drives, building scale in the Central District, building materials, mechanical equipment,
and other standards in the Central Planning District.
• Staff shall ensure compliance as part of the site plan review process. This may require
minor changes to the site plan to address minimum required setbacks between the
internal drive aisle and the proposed addition, or a minor modification.
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:
• The proposed additions are specifically designed to improve the safety and general
welfare of the pre -kindergarten program by providing a more secured entrance.
• Staff will ensure additional applicable life and safety standards and regulations are met
through the building permit process.
• Part of the proposed project includes replacing a curb with an ADA accessible ramp,
which will improve the overall accessibility of the building.
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.
FINDINGS:
• The proposed additions are small and are not expected to increase occupancy.
• The proposed additions are approximately 450 feet away from the closest property
and will have no negative impact on public view.
• The proposed exception will not affect property in the immediate vicinity.
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:
• The surrounding neighborhood is already fully developed with a mix of residential,
commercial and open space uses.
• The proposed additions are set back far enough from property lines to not affect the
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 is already developed, and all utilities, access roads, drainage and
necessary facilities are established for this neighborhood.
• The project will include replacement of an existing sanitary sewer line and
improvements to the stormwater management systems.
• Staff will ensure all other applicable standards and regulations are met through the
site plan review and building permitting processes.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• The site is accessed from a one-way inbound drive from Rochester Avenue and a two-
way drive from North 111 Avenue. Internal drives provide access to the building and
onsite parking. The site also contains a one-way outbound drive to Rochester Avenue.
• No changes are being proposed to the existing driveway, public sidewalk, or street.
• Pedestrian access to the building will be slightly modified with the replacement of a
curb with an ADA accessible ramp, which will improve overall accessibility.
• The proposed additions will not affect onsite parking, and adequate measures are
already being taken to minimize traffic congestion on public streets.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
• The proposed additions will not cause the property to exceed the maximum lot
coverage of 45 percent and will not exceed the maximum height of 35 feet.
• All setbacks requirements will be met by the proposed additions.
• Staff will ensure all applicable standards and regulations are met through the site plan
review and building permitting processes.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The Future Land Use Map of the Comprehensive Plan designates this area for Public
/ Semi-public, and the Future Land Use Map of the Central District Plan designates
this area for Private Institutional.
• The Comprehensive Plan's vision of creating and sustaining healthy neighborhoods
asserts the following: "Neighborhood schools, particularly elementary schools, are an
integral part of healthy, sustainable neighborhoods. Schools serve not only as centers
of education but as a focal point for community gathering and neighborhood identity."
• The current land use of this property is consistent with the Comprehensive and District
Plans and will not change because of the proposed special exception.
STAFF RECOMMENDATION:
Staff recommends approval of EXC21-0007, to allow an 1,850 square foot addition to a General
Educational Facility use within a Low Density Single -Family Residential (RS-5) zone for the
property located at 2150 Rochester 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
July 14, 2021
Board of Adjustment Meeting
EXC21-0007
ATTACHMENT 1
Location Map
Prepared by Staff
July 14, 2021
Board of Adjustment Meeting
EXC21-0007
ATTACHMENT 2
Zoning Map
Prepared by Staff
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July 14, 2021
Board of Adjustment Meeting
EXC21-0007
ATTACHMENT 3
Correspondence
Submitted by the Identified Party
June 28, 2021
RE: Special Exception for 2150 Rochester Ave.
Dear Property Owner:
r t
its r �.
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www. lcgov. org
The Iowa City Board of Adjustment has received an application submitted by Shive-
Hattery, on behalf of Regina Catholic Education Center, requesting a special exception
to allow the construction of an 1,850 square foot addition to the school at 2150 Rochester
Avenue (see attached map).
As a neighboring property owner, you are being notified of this application. If you know of
any interested party who has not received a copy of this letter, we would appreciate it if
you would inform them of the pending application.
The Board of Adjustment will review this application at either in -person meeting in Emma
Harvat Hall, City Hall, 410 East Washington Street, Iowa City or an electronic public
meeting via Zoom. Regardless of its location, the meeting time is tentatively scheduled
for July 14, 2021 at 5:15 p.m. Because the meeting is subject to change, check the City
of Iowa City's website, www.icgov.org/BOA, the week of the meeting to confirm the
meeting agenda and location.
An electronic meeting, pursuant to Iowa Code section 21.8, may be held because a
meeting in person is impossible or impractical due to concerns for the health and
safety of Board members, staff and the public presented by COVID-19.
Details on how to participate if it is an electronic meeting will be included in the
agenda packet, which will be available at www.icgov.org/BOA the Monday before
the meeting. Providing comment in person is not an option.
You are welcome to attend this public meeting to present your views concerning this
application. You may also submit written information for consideration to me in advance
of the meeting, and I will include your comments in the information to be considered by
the Board.
Please do not hesitate to contact me at kirk-lehmann(a)iowa-citv.org or 319-356-5230 if
you have any questions or comments about this application or if you would like more
information on the Board of Adjustment review process.
Sincerely,
Kirk Lehmann, AICP
Associate Planner
City of Iowa City
Department of Neighborhood and Development Services
L Board of Adiustment: Freauently Asked Questions
What is the Board of Adjustment? What is a variance? How can I participate in the
The Board of Adjustment is panel made
up of Iowa City citizens appointed by
the City Council. The board reviews and
grants special exceptions and variances
and also considers appeals when there
is a disagreement about an
administrative zoning decision made by
the City. Members of the board act like
judges, making decisions about
individual properties and uses that may
have difficulty meeting a specific
zoning regulation or to resolve disputes
about administrative zoning decisions.
The actions and decisions of the Board
of Adjustment are binding upon all
parties unless overturned upon appeal
to District Court.
What is a special exception?
There are two types of special
exceptions.
1. Within the zoning code a number
of land uses are set apart as special
exceptions that may be permitted
in certain zones. Rather than
permitting these uses outright,
each is reviewed on a case -by -case
basis to ensure that they do not
negatively affect surrounding
properties. For example, daycare
centers are permitted in residential
zones by special exception. The
same is true of churches and private
schools. All may be appropriate
uses in residential zones, if certain
criteria such as parking, screening,
and other requirements are met.
2. Adjustments to specific zoning
requirements in cases where there
are unique circumstances. Again,
the opportunity to adjust these
requirements and the criteria for
allowing such adjustments are
described in the Zoning Code. For
example, a homeowner may apply
for a reduction in a building setback
in order to accommodate an
addition or other improvement to
their property.
The Zoning Code lists explicitly each
use and standard for which a special
exception may be considered. In other
words, you can't request a special
exception for everything —only those
things called out as special exceptions
in the Code. The Code also provides
criteria specific to each request.
Applicants must provide evidence that
they satisfy each of these criteria, and
the Board must consider these criteria
when making a determination as to
whether to grant a special exception.
A variance grants a legal right to an
owner to develop property in a manner
that deviates from a specific provision
of the Zoning Code and for which a
special exception is not expressly
allowed. In seeking relief from the
restrictions in the Zoning Code, the
property owner applying for the
variance must show that the strict
application of the Zoning Code would
cause and unnecessary hardship such
that the property in question is
unusable or that a literal interpretation
of the ordinance would deprive the
applicant of rights commonly enjoyed
by other properties in the zoning
district. In addition the circumstances
that create this hardship must be
unique to the property in question and
must not be of the property owner's
own making.
What is an appeal?
The Board considers and rules on
appeals from any citizen who believes
there is an error in any decision,
determination, or interpretation made
by the City or its designee in the
administration of the Zoning Code. As
with their other decisions, the Board's
ruling is binding on all parties unless
overturned on appeal to the District
Court.
How does the review process
work?
An application requesting a special
exception, variance, or an appeal is a
request. The Board makes a decision on
whether to grant a specific request only
after City staff have provided a review
of an application and the public has had
an opportunity to make its concerns
known. The Board not only has the right
to approve or deny requests, but may
also choose to approve request subject
to certain conditions.
In making decisions, the Board may only
consider comments and evidence
relevant to the specific standards
provided in the code. City Development
Staff provide reports to the Board for
each application on the agenda. The
Staff Report provides background
information on the application, informs
the Board of all the criteria in the Code
that a particular application must
satisfy, and interprets whether and
how an application has satisfied these
criteria.
process?
Because most applications will be
reviewed and decided upon at a single
public hearing, it is important for
interested parties to respond in a
timely and informed manner. Those
who wish to speak for or against an
application are given an opportunity to
be heard by the Board at the hearing,
but may also submit written comments
prior to the meeting.
Written comments must be delivered to
the Department of Neighborhood 8:
Development Services at City Hall no
later than 5 days before the hearing in
order to be included with the Staff
Report. All correspondence submitted
after that time will be delivered to the
Board at the time of the hearing.
The Board considers the application,
the recommendation of staff (in the
staff report) and any additional
information, correspondence, or
testimony provided at the hearing.
Board of Adjustment hearings are
usually held on the second Wednesday
of each month at 5:15 p.m. in Emma J.
Harvat Hall in City Hall. You can find
more information at the following
website: www.icgov.org/boa.
The Staff Report can be very useful to
anyone who is unfamiliar with the BOA
process or with the Zoning Code and
will provide an understanding of the
criteria that the Board must consider in
rendering its decision. Staff Reports
may be obtained from the Department
of Neighborhood i3 Development
Services. E-mail kirk-lehmann@iowa-
city.org to request a copy of a report.
If you have questions about an
application or if you simply want more
information about issues related to the
Board of Adjustment, please feel free
to contact Kirk Lehmann at 319-356-
5230 or e-mail kirk-lehmann@iowa-
city.org.
To submit comments to the Board of
Adjustment write to the Board of
Adjustment c/o the Department of
Neighborhood Et Development Services,
410 E. Washington St., Iowa City IA
52240 or e-mail kirk-lehmann@iowa-
cit .or .
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Kirk Lehmann
From: William M. Smith <bill@shira.net>
Sent: Friday, July 2, 2021 9:36 AM
To: Kirk Lehmann
Subject: Re: Special Exception for 2150 Rochester Ave.
The site plan was useful. The neighborhood notice attachment did not
have any indication of what was changing. The text also did not contain
anything useful since there was no indication of where on the property
it was happening. It could have been on the boundary: which might have
also required significant landscape changes. The site plan indicates
that changes will be confined to within the area of the central structures.
01
On 7/2/20218:27 AM, Kirk Lehmann wrote:
> Hello Bill,
> Thanks for your interest in this project. A site plan was enclosed with
> the neighbor letter that shows the addition (attached), but it's small
> at only 1,850 sf. I'm also attaching a more detailed site plan for your
> convenience. As far as other changes, there will be some reconfiguration
> of sidewalks along the drop-off loop, but they are mostly to provide
> access to a new entrance.
> A more detailed analysis will be available in the Board of Adjustment
> packet, which will be published by July 10 on the City's website at
> www.icgov.org/boa <http://www.icgov.org/boa>. You can also review the
> application and other attachments on the City's self-service website at
> httos://eeov.iowa-city.ore/enereovr)rod/selfservice#/plan/ld8866a2-d49f-4f87-9ab7-efdl34e0875d
><https://egov.iowa-city.org/energovprod/selfservice#/plan/ld8866a2-d49f-4f87-9ab7-efdl34e0875d>.
> Please let me know if you have any further questions, and feel free to
> send me any comments you may have regarding the proposed exception.
> Regards,
> Kirk Lehmann, AICP
> Associate Planner
> City of Iowa City
> 319-356-5247
>----- Original Message -----
> From: William M. Smith <bill@shira.net>
> Sent: Thursday, July 1, 2021 7:02 PM
> To: Kirk Lehmann <Kirk-Lehmann@iowa-city.org>
> Subject: Special Exception for 2150 Rochester Ave.
> Your notice is missing some key information. It's impossible to
> visualize what's being built. The map outlines Regina's property: but
> doesn't indicate where the new building is being placed. Is it going in
> the forest and is it being clear cut? Is there new parking? Any new
> access restrictions? Is it replacing existing structures? Multi -story? ...
> Bill
> This email is from an external source.
> *Disclaimer*
> The information contained in this communication from the sender is
> confidential. It is intended solely for use by the recipient and others
> authorized to receive it. If you are not the recipient, you are hereby
> notified that any disclosure, copying, distribution or taking action in
> relation of the contents of this information is strictly prohibited and
> may be unlawful.
July 14, 2021
Board of Adjustment Meeting
EXC21-0007
ATTACHMENT 4
Special Exception Application
Submitted by the Applicant
EnerGov
EXC21-0007
Project Description:
Asking the board to allow building additions at Regina that total larger than 500 square feet.
These additions will benefit the Pre -Kindergarten program by providing a dedicated entrance
and grouping the Pre -Kindergarten classrooms into a single area.
Did you hold a Good Neighbor Meeting? No
Has a pre -application meeting been held? Yes
Date of previous application or appeal filed . _ ■
All special exceptions have specific approval criteria that must be met. Please indicate which specific
approval criteria are applicable to this request. Contact staff for help identifying the specific approval
criteria that must be met.
IA AM A -A 1A_AG_AM 11
Provide code section(s)
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Specific Criteria (14-4B-4D-11):
General Educational Facilities In RS-5, RS-8, RS-12, And RNS-12 Zones
a) This project addition does not adjust the existing principal building setback on this property.
b) The proposed additions will be educational use and include the following spaces:
a. Girls' Restroom
b. Pre -Kindergarten Classroom and Restroom
c. Main Pre -Kindergarten Main Office which includes:
i. An Office
ii. Reception
iii. Wellness Room
iv. Work room
Landscaping and paving are labeled and can be seen on sheet C601 included in this
application. Building occupants and traffic are decreased due to the renovation portion of this
building addition project. This is noted in the code review summary and in the exiting arrows on
sheet G011 included with this application. The scale and character of the building addition can
be seen in the exterior rendered image included with this application, the building addition can
be seen to the right of the existing chapel. Roof mechanical units will be screened.
c) Parking is not impacted with the building additions.
d) Proposed use matches the existing building. The building additions will include code required
exterior lighting at the new Pre -Kindergarten entrances and exits.
e) Building additions total 1,850 square feet. They do not increase the occupancy of the building.
There are 303 occupants in the renovated area of the existing building. There are 277 in the
proposed additions and renovation. These numbers can also bee seen in the code review
summary on sheet G011 included with our application.
f) The proposed use is not multi -family.
General Criteria (14-4B-3A):
1. This project addition is not detrimental to or endanger the public health, safety, comfort, or
general welfare. The building additions increase safety and security of the Pre -Kindergarten
program by providing a more secured entrance for the program. A code review summary and
impacted exiting can be found on sheet G011 that is included with the application.
2. These building additions will not negatively impact adjacent properties or property values. Most
of the building additions are concealed from view of adjacent properties. The portions visible
increase signage and safety for pick-up and drop-off of Pre -Kindergarten students.
3. The proposed project and additions will not impede the normal and orderly development and
improvement of the surrounding property. Most of the building additions are concealed from
view of adjacent properties.
4. Minimal modifications will be made to the utilities, access roads, and drainage. Additional storm
intake and utility and paving impacts can be seen on sheet C601 that is included in this
application.
5. Building vehicular traffic is not modified in this project.
6. The proposed project conforms to the applicable regulations or standards of zone R5 in which it
is located.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as
amended.
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SHIVEFIA-FrERY
ARCHITECTU RE ENGINE ER ING
Regina Catholic Education Center Legal description:
Deed Book and Page: 32-50
Section -Township -Range: 11-79N-6 W
Description: Regina Subdivision Lot 1
Current Zoning: RS5
Property Area: 37.9 Acres
Project xxxxxxx
shive-hattergom ■
July 14, 2021
Board of Adjustment Meeting
EXC21-0008
ITEM 3C ON THE AGENDA
Staff Report
Prepared by Staff
STAFF REPORT
To: Board of Adjustment Prepared by: Kirk Lehmann, Associate Planner
Item: EXC21-0008 Date: July 14, 2021
Parcel Number: 1010380008
GENERAL INFORMATION:
Applicant: Neumann Monson Architects
221 E. College Street STE 303
Iowa City, IA 52245
Contact Person: Nick Lindsley
Neumann Monson Architects
221 E. College Street STE 303
Iowa City, IA 52245
nlindsley@neumannmonson.com
Property Owner(s):
Requested Action:
Location:
Location Map:
Size:
Existing Land Use and Zoning
Tailwind College Street, LLC
530 S. Front Street STE 100
Mankato, MN 56001
Special exception to allow a Rooftop Service Area
(RSA) for a nonconforming drinking establishment
in a CB-10 zone
111 E. College Street
5,850 square feet
Commercial; Central Business with Historic Overlay
District (CB-10/OHD)
1
Surrounding Land Use and Zoning
Applicable Code Sections:
File Date:
BACKGROUND:
North: Residential & Commercial; Central
Business (CB-10)
East: Residential & Commercial: Central Business
with Historic Overlay District (CB-10/OHD)
South: Commercial; Central Business (CB-10)
West: Commercial; Central Business with Historic
Overlay District (CB-10/OHD)
14-413-3A: General Approval Criteria
14-4C-2AA: Rooftop Service Areas (RSAs)
June 11, 2021
Neumann Monson Architects submitted a special exception application to allow a Rooftop Service
Area (RSA) for a nonconforming drinking establishment at 111 E. College Street. RSAs are an
accessory use designed as an outdoor seating or gathering space located on a rooftop or upper
floor terrace that is open to the public for events, entertainment, meetings, and/or as a food and
beverage service area. This application is part of the larger "Tailwinds" project which involves the
renovation of existing historic properties along the south side of College Street and the construction
of a new multi -family building behind them. While the RSA is being requested for 111 E. College
Street, 109 E. College Street is also part of the Reunion Brewery for which the RSA is proposed.
The Tailwinds project is part of a coordinated effort to protect the existing historic storefronts on the
Pedestrian Mall, beginning in collaboration with City Council's Economic Development Committee.
The subject buildings are key contributors to the historic fabric of downtown Iowa City and contain
a mix of commercial and residential uses. City Council designated them as a local historic landmark
through a Historic District Overlay (OHD) rezoning on January 28, 2021 (REZ20-02). The total
project consists of two components:
1. Renovation of existing historic structures along the Pedestrian Mall, including rehabilitation
of commercial space such as for the subject property and small apartments, and the
demolition of the rear additions of some buildings; and
2. A new 11-story multi -family building to the south of the existing structures, for which the
Board of Adjustment granted a 50% parking reduction on December 9, 2020 (EXC20-0007,
recorded December 18, 2020 in Book 6151, Pages 514-533).
The proposed Reunion Brewery is a new drinking establishment which is allowed as a
nonconforming use because it meets the following criteria that Council adopted on May 27, 2021
(REZ20-0015) to promote historic preservation and maintain the economic vitality of downtown:
1. The drinking establishment is on property with a Historic District Overlay (OHD) zone; and
2. The drinking establishment is in a building that has remained vacant for the previous 2 years.
The subject property is in the Downtown District and is zoned Central Business District with a
Historic District Overlay (CB-10/OHD), which allows for a range of retail, service, office, and high -
density residential uses. The Code first allowed RSAs in 2015 as an accessory use in certain
commercial zones. If the RSA is accessory to an establishment licensed by the state to sell alcoholic
beverages (e.g., a restaurant or bar), it is also considered an "Outdoor Service Area" and is subject
to the applicable regulations in Title 4, 'Alcoholic Beverages' of the City Code. In the CB-10 zone,
RSAs are allowed provisionally for hospitality -oriented retail (i.e., hotels), commercial recreation,
and eating establishment (i.e., restaurants) uses. RSAs for drinking establishments (i.e. bars) are
permitted by special exception, which is why a special exception is required in this case.
The applicant proposes to construct a terrace on the rooftop of 111 E. College Street to provide
approximately 1,430 square feet of open-air seating —the Rooftop Service Area (RSA). The RSA
will abut interior restaurant space to the north and west and will retain the exterior walls of the historic
fagade to the east and south. Proposed interior floor area will include restrooms, bar/food service,
and a private dining room with walls that can open onto the RSA. The RSA will have a capacity of
97 persons. Details on the layout and operation of the RSA are available in the site plan and the
Roof Service Area Management Plan (Attachment 4). Amplified sound will only be allowed with a
separate temporary use permit. Additional details are included in the other materials submitted by
the applicant and are discussed under the applicable criteria below. The building renovation is
affiliated with building permit application BLDC21-0017.
The applicant held a Good Neighbor meeting on July 7, 2021 and invited property owners within
300 feet. There were no attendees other than City staff and the applicants, and no other
correspondence has been received regarding the project.
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 14-4C-2AA, pertaining to Rooftop Service Areas (RSAs), as well as
the general approval criteria in Section 14-413-3A.
For the Board of Adjustment to grant this special exception request, all of the following criteria
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: 14-4C-2AA-1: Approval Criteria For Rooftop Service Areas:
a. Accessibility: The RSA shall meet all building and fire code requirements, be ADA
compliant, include elevator service, and have accessible restrooms provided.
FINDINGS:
• The proposed RSA will be fully accessible with an elevator at the north end of the
building providing access and accessible restrooms on the same floor of the building.
• The building plans will be reviewed to ensure compliance with all applicable building
and fire codes prior to issuance of a building permit.
b. Design: The RSA shall be designed in an attractive manner that will not detract from
adjacent uses, and will prevent nuisance and safety issues. The applicant shall
submit a design plan with the application for an RSA that, at a minimum, specifies
and illustrates the proposed size, dimensions, setbacks from adjacent buildings
and roof edges, occupancy load, layout, landscaping elements, access routes,
elevator, and accessible bathrooms. RSAs shall meet the following minimum
standards. If a special exception is required, the board of adjustment may impose
additional or more restrictive conditions to mitigate any anticipated externalities,
including, but not limited to, restrictions on hours of operation, lighting, size,
occupancy load, and setback and screening requirements.
(1) The RSA shall be located directly adjacent to or above the use to which it is
accessory and there shall not be other uses located on floors in between the
RSA and the use to which it is accessory.
FINDINGS:
• The submitted site plan illustrates the proposed dimensions, setbacks, occupancy,
landscaping, accessibility, and other required elements. Staff recommends that
compliance with the submitted site plan be a condition of approval.
• The proposed RSA is directly adjacent to and above the drinking establishment to
which it is accessory. The Reunion Brewery is the only use in this building.
(2) The RSA must be set back from adjacent upper floor uses and the edge of the
roof and screened and completely enclosed within a decorative fence or wall
built of high quality, durable materials. Landscaping elements, such as planters
and green roofs, may be used to soften views or provide a buffer. The setback
and screening must be established in a manner that will not unduly block light,
air, or outdoor views from upper floor windows on abutting buildings.
FINDINGS:
• The proposed RSA will be surrounded and screened by the existing exterior walls
of the historic building which are 16' tall,
• An interior dining area for the associated drinking establishment will separate the
RSA from the Pedestrian Mall to the north.
• Interior space for the associated drinking establishment will separate the RSA from
adjacent upper floor uses to the west, while an existing building party wall will
separate the RSA from adjacent upper floor uses to the east.
• The RSA is set back 6' from the south facade, and the existing exterior masonry
wall with wood windows fixed per Historic Preservation guidelines will separate the
RSA from adjacent upper floor uses to the south. The site plan includes vegetated
roof components within this setback area which will provide additional buffering.
• The screening is part of the existing building shell will not negatively affect light,
air, or outdoor views from abutting buildings.
(3) The RSA must be set back a minimum of ten feet (10') from the street facing
edge of the roof. A smaller buffer between the RSA and the roof parapet or
guardrail may be allowed, provided the buffer is determined to adequately
address public safety. The buffer and screen wall shall be of a sufficient depth
and/or height and constructed of attractive, durable materials that may also
include landscaping elements to prevent persons from leaning or dropping
things over the parapet or guardrail that encloses the terrace or rooftop. A
design of the proposed buffer and screen wall shall be submitted with the
application.
FINDINGS:
The street -facing side of the property is the Pedestrian Mall to the north. The RSA
is set back 24' from the street -facing edge of the roof.
Building space to the north and west, exterior walls to the south and east, and the
6' setback from the exterior wall to the south will help prevent safety issues and
nuisances.
• The RSA management plan notes there will be a minimum of 5 staff persons on this
level who will help ensure safety, address nuisances, and prevent underage drinking
and overserving of alcohol. Staff recommends that compliance with the submitted
management plan be a condition of approval.
(4) The lighting must comply with chapter 5, article G, "Outdoor Lighting
Standards", of this title. Except for any lighting required by the building code,
lights must be turned off when the RSA is not in operation. A lighting plan shall
be submitted that illustrates compliance with these standards.
FINDINGS:
• The lighting plan indicates that canopy lights will be the primary exterior light
source on the RSA with a total expected output of 6,500 lumens, well below the
maximum total light output allowed by code.
• The management plan notes that RSA lights will be turned off when the RSA is not
in use.
• To ensure compliance with lighting regulations, staff recommends that approval of
a lighting plan be required prior to issuance of a building permit.
(5) No signs shall be allowed in or on the exterior wall or fence of the RSA that are
within public view, as defined in chapter 9, article A of this title.
FINDINGS:
• A logo -based mural is planned for the interior portion of the east wall of the RSA,
but it will not be visible from any public street, sidewalk, access easement, or park
or other open space.
c. Management:
(1) For RSAs that are also outdoor service areas, as defined in title 4 of this code,
there must be an RSA management plan in place and at least one employee must
be designated to monitor the safety and compliance of the RSA during hours of
operation. The proposed management plan shall be submitted with the
application. If nuisance or safety issues arise, the city may require immediate
changes to the management plan and/or the number of monitors to remedy the
situation and reserves the right to suspend or revoke the RSA permit.
FINDINGS:
• The proposed RSA will serve alcohol, so it is also considered an Outdoor Service
Area (OSA).
• The management plan submitted with the application notes there will be a minimum
of 5 staff persons on this level who will help monitor safety and compliance of the
RSA during hours of operation.
• If nuisance or safety issues arise, the management plan may be modified, or any
temporary use permit for amplified sound may be suspended or revoked.
(2) In the CB-10 zone, where the building containing the RSA abuts or is directly
across a public alley from a property containing upper floor residential uses or
hotel rooms that have windows facing the RSA, the hours of operation of the
RSA are limited to ten o'clock (10:00) A.M. to ten o'clock (10:00) P.M. Sunday
through Thursday and ten o'clock (10:00) A.M. to twelve o'clock (12:00) midnight
Friday and Saturday.
FINDINGS:
• The RSA neither abuts nor is located directly across a public alley from a property
containing upper floor residential uses or hotel rooms.
• A new building will be on part of the subject property with upper floor residential
windows facing the proposed RSA, but it is under the same ownership, the existing
wall which will be maintained will mitigate noise and light conflicts for windows
facing the RSA, and exterior light fixtures will face downwards.
d. Food Service: If alcohol is being served, food service must be provided. Prior to
approval of an RSA, the applicant must submit evidence indicating how this
requirement will be met.
FINDINGS:
• Alcohol will be served on the proposed RSA.
• The management plan notes that the establishment will have a fully functional kitchen
and substantial food service provided for all hours of operation.
e. Noise: The design of the RSA must minimize the carry of noise across property
boundaries. Use of specialized screen wall materials, sound deadening techniques,
or similar, may be required. Evidence of such a noise mitigation plan must be
included with an RSA application. In addition, after an RSA is established, the city
reserves the right to require additional measures to remedy any violation of the
city's noise or nuisance ordinance, as determined by the city.
FINDINGS:
• The management plan contains provisions to help manage noise on the RSA and the
existing walls which will be retained around the RSA will minimize the carry of noise
across property boundaries.
• No amplified sound will be allowed without a separate temporary use permit, which
requires submittal of a sound mitigation plan in compliance with Section 4-3-1 C5.
f. Amplified Sound: Due to the potential nuisance to neighboring properties and the
general public in the surrounding neighborhood, amplified sound is only allowed
for RSAs associated with hospitality oriented retail uses in the RFC -SD subdistrict
and for RSAs in the CB-10 zone, subject to the limitations set forth below. RSAs
accessory to hospitality oriented retail uses are not required to obtain a temporary
use permit, but must comply with the city's noise and nuisance ordinance, and the
standards stated below. Amplified sound is only allowed for an RSA in the CB-10
zone upon receipt of a seasonal temporary use permit, unless it is accessory to a
hospitality oriented use. Permits for amplified sound are subject to the standards
and restrictions set forth below and the general approval criteria for temporary uses
as set forth in article D of this chapter. A temporary use permit may be denied or
rescinded at the discretion of the city if noise becomes a nuisance or terms of the
temporary use permit or the special exception conditions are violated.
FINDINGS:
• The proposed RSA is in a CB-10 zone and shall require a seasonal temporary use
permit to allow amplified sound.
• Requirements for the temporary use permit include that amplified sound be limited to
background music at a low volume and that the RSA either be more than 100' from
other service areas or be inaudible to those areas.
• A sound mitigation plan will be required as part of the temporary use permit process if
amplified sound is desired for the RSA.
• The temporary use permit may be denied or rescinded if noise becomes a nuisance
or the terms of the temporary use permit or special exception are violated.
(1) If an RSA is located within three hundred feet (300') of a residential zone,
amplified sound is prohibited;
FINDINGS:
• The proposed RSA is not within 300' of a residential zone.
(2) The city may restrict the hours when amplified sound may be used. However, in
no case shall amplified sound be permitted between the hours of twelve o'clock
(12:00) midnight and ten o'clock (10:00) A.M.;
FINDINGS:
• The management plan notes that there will be no amplified sound between the hours
of 12:00 am and 10:00 am if approved through a temporary use permit.
(3) No live entertainment using amplification shall be allowed;
FINDINGS:
The management plan notes that live entertainment shall not be allowed to use
amplification.
(4) Amplified sound may be restricted or prohibited during public events, festivals
or concerts;
FINDINGS:
The management plan notes that the operator will comply with any requests to
restrict or prohibit amplified sound during public events, festivals, or concerts. This
would include requests by the City.
(5) The applicant must demonstrate to the satisfaction of the city that the design of
the RSA will minimize carry of noise across property boundaries. Use of
specialized screen wall materials, sound deadening techniques, control of
volume, or similar may be required.
FINDINGS:
• The proposed RSA is surrounded by the existing building fagade, which will
minimize carry of noise across property boundaries.
Amplified sound will only be allowed through a temporary use permit, which will
require a noise mitigation plan.
Specific Standards: 14-4C-2AA-2: Additional Special Exception Approval Criteria For
Nonconforming Drinking Establishments:
An RSA accessory to a nonconforming drinking establishment may be allowed by
special exception provided it meets the general approval criteria for special
exceptions set forth in section 14-4113-3 of this chapter, the approval criteria stated
above for all RSAs and the additional approval criteria listed below:
a. The RSA shall be located directly above and contiguous to the licensed drinking
establishment. Contiguous means there may not be other uses located on floors in
between the drinking establishment and the accessory RSA.
FINDINGS:
• The proposed RSA is directly above and contiguous to the licensed drinking
establishment to which it is accessory.
• The proposed Reunion Brewery is the only use in this building.
b. There shall be no horizontal expansion of the licensed drinking establishment.
FINDINGS:
• The proposed RSA will be completely contained over the licensed, nonconforming
drinking establishment and thus approval will not result in horizontal expansion.
c. There shall be no increase in interior floor area or interior occupant load of the
existing drinking establishment, except if necessary for required bathrooms,
elevator, stairs, kitchen equipment, or other essential elements necessary to meet
accessibility, building code requirements or to meet the requirements or conditions
of the special exception.
FINDINGS:
• The proposed RSA will not increase interior floor area or interior occupant load.
• Staff recommends a condition that no solid roof shall be allowed to be constructed
over any portion of the RSA to ensure there is no future increase in interior floor area.
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:
• The use of the property and access to the property and surrounding properties will not
change because of the RSA.
• The proposed RSA and any heat sources must meet all building and fire code
requirements, and it must also be ADA compliant.
• Access to the proposed RSA is from an interior stairwell and elevator. The
management plan notes that all customers must present ID before entering the RSA,
and underage patrons will not be allowed without supervision after 10:00 pm. Starting
at 9:00 pm, all customers must present ID at the first level entrance as well.
As shown in the site plan, the RSA will be set back from the private alley to the south.
The outdoor area will be surrounded by the existing walls of the historic structure to
prevent occupants from accessing other rooftop areas.
The management plan indicates that at least 5 staff will always be present at this level,
and the RSA will be actively managed. Staff will be responsible for ensuring safety,
addressing nuisances, and preventing underage drinking and overserving of alcohol.
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.
FINDINGS:
• The proposed RSA will be screened by the existing 16' walls of the historic building on
all sides, and the 6' setback to the south will help prevent nuisance and safety issues.
In addition, interior space will screen the RSA from the Pedestrian Mall to the north
and from the building to the west. There are no windows on the building to the east.
• Exterior lighting will face downward and must comply with the City's outdoor lighting
standards.
• Noise will be controlled by the existing historic walls and amplified sound will only be
allowed by temporary use permit which may not extend beyond midnight, in addition
to other previously mentioned requirements.
• Renovation of the property will help ensure continued economic viability of the space.
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:
• The subject property is in the Downtown District and is zoned Central Business District
with a Historic District Overlay (CB-10/OHD) which is for high density, mixed use
development and entertainment areas.
• RSAs are allowed in the zone to create more diverse seasonal opportunities.
• The surrounding area is already fully developed with a mix of uses.
• The proposed RSA will be more than 20 feet from the new building being constructed
to the south which is part of the larger redevelopment of the area.
• With appropriate controls on amplified sound administered through the temporary use
permit, the proposed use is compatible with the surrounding development, will not
prevent surrounding properties from being redeveloped again in the future, and will be
an attractive addition to the Downtown.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• The site has access to adequate utilities, access roads, drainage and other facilities.
• These considerations will also be reviewed by staff during the building permit process.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• Access to the building is expected to be primarily through the Pedestrian Mall.
• No changes are being proposed to access which will affect traffic congestion on public
streets.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
• An approved lighting plan for the proposed use is recommended as a condition of
approval to ensure compliance with the City's Outdoor Lighting Standards.
• The RSA will serve alcohol, so compliance with applicable regulations for outdoor
service areas in Title 4, "Alcoholic Beverages," of the City Code is required, and the
applicant will be required to receive a liquor license through the City.
• Amplified sound will only be allowed as a temporary use permit, which will require
additional staff review.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The Comprehensive Plan Future Land Use Map designates this area for General
Commercial, and its vision includes to "[e]ncourage continued investment in the
Downtown to assure its place as the center of arts, culture, entertainment, commercial,
and civic activity within the city and the metro area".
• The Downtown and Riverfront Crossings Master Plan shows this area as part of the
Downtown District, which is "the heart of the region" with historic buildings next to new
buildings and streets that are active throughout the day and into the night. Objectives
of this plan include to "[p]romote quality infill and redevelopment' and to "[m]aintain
balance of uses and activities."
• The nonconforming drinking establishment use is consistent with the Comprehensive
and District Plans and will not change because of the proposed RSA.
• The RSA will be located on a local historic landmark. Current plans as proposed were
approved as part of the Historic Preservation Commission review.
NEXT STEPS (INFORMATIONAL ONLY):
In addition to the special exception, the project requires several additional reviews for various
purposes, including:
Building Permit. Before construction, a building permit for the RSA must be approved
by Development Services. Prior to issuance of a building permit, the condition regarding
a lighting plan must be approved by staff, if the condition is adopted by the Board.
Liquor License. Because the establishment will serve alcohol, a liquor license must be
approved by the City Council and the Iowa Alcoholic Beverages Division. Standards for
liquor licenses are in Chapter 4-2 of the City Code.
10
• Outdoor Service Area (OSA). Because alcohol will be served on the RSA, an OSA
permit must be approved by the City Council and the Iowa Alcoholic Beverages Division.
This license must be submitted at the same time as the liquor license, and it must follow
standards for a permanent OSA (as opposed to a temporary OSA). Standards for OSAs
are in Chapter 4-3 of the City Code, including that a noise mitigation plan outlining the
techniques to be used to minimize the carry of noise across property boundaries be
included with the application
• Temporary Use Permit. If amplified sound, such as background music, is desired for
the RSA, a temporary use permit must be approved by Development Services staff.
Standards for the temporary use permit are in Chapter 14-4D of the City Code
STAFF RECOMMENDATION:
Staff recommends approval of EXC21-0008, to allow a Rooftop Service Area (RSA) as an
accessory use to a nonconforming drinking establishment in a CB-10 zone for the property located
at 111 E. College Street, subject to the following conditions:
1. Substantial compliance with the submitted site plan, dated March 1, 2020.
2. Compliance with the submitted management plan, dated July 9, 2021.
3. No solid roof shall be constructed over any portion of the Rooftop Service Area.
4. A lighting plan in compliance with the Zoning Ordinance shall be approved by the Building
Official prior to issuance of a building permit.
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Correspondence & Good Neighbor Meeting Materials
4. Application Materials
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
11
July 14, 2021
Board of Adjustment Meeting
EXC21-0008
ATTACHMENT 1
Location Map
Prepared by Staff
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Board of Adjustment Meeting
EXC21-0008
ATTACHMENT 2
Zoning Map
Prepared by Staff
July 14, 2021
Board of Adjustment Meeting
EXC21-0008
ATTACHMENT 3
Correspondence &
Good Neighbor Meeting Materials
Submitted by the Identified Party
Notice of Good Neighbor Meeting and Open House
June 30th, 2021
Date and Time: July 7th, 2021 at 5:30 pm
Location: Virtual (on Zoom)
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Meeting ID: 883 8272 9796
To neighbors of 111 E College Street:
The Iowa City Board of Adjustment will soon consider a special exception for a property in your area.
The Board of Adjustment is considering a special exception for a Rooftop Service Area (RSA) occupant load of 97
occupants for the Reunion Brewery which is greater than the 50 person occupant load allowed for in the Iowa City
Zoning Code. The property is located on pedestrian mall at 111 E. College Street.
As the representative of this requires, we would like to invite you to participate in an open house where you will
have the opportunity to learn about the requested land use change and we can gather comments you may have
regarding this proposal.
It is anticipated that the Board of Adjustment will be reviewing this proposal on July 141h. A notice of a formal
review by the Board of Adjustment will be sent to all property owners within 300' of the property under review by
the City. You are encouraged to attend these meetings and voice your opinions.
If you have any questions or would like to submit written comments, please contact Nick Lindsley of Neumann
Monson at 319 248 4812 or at nlindsley@neumannmonson.com.
Sincerely,
Nick Lindsley, AIA
Neumann Monson Architects
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Summary Report for 1
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Project Name: Reunion Brewery RSA Project Location: 111 E College St.
Meeting Date and Time: July 7 @ 5:30 pm
Meeting Location: Virtual (zoom)
Names of Applicant Representatives attending: Nick Lindsley, Neumann Monson Architects
Kelly Mayo and Brandon Smith, Tailwind
Names of City Staff Representatives attending: Kirk Lehmann
Number of Neighbors Attending: 0 Sign -In Attached? Yes No X
General Comments received regarding project (attach additional sheets if necessary) -
No neighbors were in attendance.
Concerns expressed regarding project (attach additional sheets if necessary) -
No neighbors were in attendance.
Will there be any changes made to the proposal based on this input? If so, describe:
No neighbors were in attendance.
Staff Representative Comments
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0000372193JUN 29 2021
June 28, 2021
RE: Special Exception for 111 E. College Street
Dear Property Owner:
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
(319) 356-5009 FAX
www. lcgov. org
The Iowa City Board of Adjustment has received an application submitted by Neumann
Monson Architects requesting a special exception to allow a Rooftop Service Area for a
nonconforming drinking establishment in a Central Business (CB-10) zone at 111 E.
College Street (see attached map).
As a neighboring property owner, you are being notified of this application. If you know of
any interested party who has not received a copy of this letter, we would appreciate it if
you would inform them of the pending application.
The Board of Adjustment will review this application at either in -person meeting in Emma
Harvat Hall, City Hall, 410 East Washington Street, Iowa City or an electronic public
meeting via Zoom. Regardless of its location, the meeting time is tentatively scheduled
for July 14, 2021 at 5:15 p.m. Because the meeting is subject to change, check the City
of Iowa City's website, www.icgov.org/BOA, the week of the meeting to confirm the
meeting agenda and location.
An electronic meeting, pursuant to Iowa Code section 21.8, may be held because a
meeting in person is impossible or impractical due to concerns for the health and
safety of Board members, staff and the public presented by COVID-19.
Details on how to participate if it is an electronic meeting will be included in the
agenda packet, which will be available at www.icgov.org/BOA the Monday before
the meeting. Providing comment in person is not an option.
You are welcome to attend this public meeting to present your views concerning this
application. You may also submit written information for consideration to me in advance
of the meeting, and I will include your comments in the information to be considered by
the Board.
Please do not hesitate to contact me at kirk-lehmann(a)iowa-citv.org or 319-356-5230 if
you have any questions or comments about this application or if you would like more
information on the Board of Adjustment review process.
Sincerely,
Kirk Lehmann, AICP
Associate Planner
City of Iowa City
Department of Neighborhood and Development Services
L Board of Adiustment: Freauently Asked Questions
What is the Board of Adjustment? What is a variance? How can I participate in the
The Board of Adjustment is panel made
up of Iowa City citizens appointed by
the City Council. The board reviews and
grants special exceptions and variances
and also considers appeals when there
is a disagreement about an
administrative zoning decision made by
the City. Members of the board act like
judges, making decisions about
individual properties and uses that may
have difficulty meeting a specific
zoning regulation or to resolve disputes
about administrative zoning decisions.
The actions and decisions of the Board
of Adjustment are binding upon all
parties unless overturned upon appeal
to District Court.
What is a special exception?
There are two types of special
exceptions.
1. Within the zoning code a number
of land uses are set apart as special
exceptions that may be permitted
in certain zones. Rather than
permitting these uses outright,
each is reviewed on a case -by -case
basis to ensure that they do not
negatively affect surrounding
properties. For example, daycare
centers are permitted in residential
zones by special exception. The
same is true of churches and private
schools. All may be appropriate
uses in residential zones, if certain
criteria such as parking, screening,
and other requirements are met.
2. Adjustments to specific zoning
requirements in cases where there
are unique circumstances. Again,
the opportunity to adjust these
requirements and the criteria for
allowing such adjustments are
described in the Zoning Code. For
example, a homeowner may apply
for a reduction in a building setback
in order to accommodate an
addition or other improvement to
their property.
The Zoning Code lists explicitly each
use and standard for which a special
exception may be considered. In other
words, you can't request a special
exception for everything —only those
things called out as special exceptions
in the Code. The Code also provides
criteria specific to each request.
Applicants must provide evidence that
they satisfy each of these criteria, and
the Board must consider these criteria
when making a determination as to
whether to grant a special exception.
A variance grants a Legal right to an
owner to develop property in a manner
that deviates from a specific provision
of the Zoning Code and for which a
special exception is not expressly
allowed. In seeking relief from the
restrictions in the Zoning Code, the
property owner applying for the
variance must show that the strict
application of the Zoning Code would
cause and unnecessary hardship such
that the property in question is
unusable or that a literal interpretation
of the ordinance would deprive the
applicant of rights commonly enjoyed
by other properties in the zoning
district. In addition the circumstances
that create this hardship must be
unique to the property in question and
must not be of the property owner's
own making.
What is an appeal?
The Board considers and rules on
appeals from any citizen who believes
there is an error in any decision,
determination, or interpretation made
by the City or its designee in the
administration of the Zoning Code. As
with their other decisions, the Board's
ruling is binding on aLl parties unless
overturned on appeal to the District
Court.
How does the review process
work?
An application requesting a special
exception, variance, or an appeal is a
request. The Board makes a decision on
whether to grant a specific request only
after City staff have provided a review
of an application and the public has had
an opportunity to make its concerns
known. The Board not only has the right
to approve or deny requests, but may
also choose to approve request subject
to certain conditions.
In making decisions, the Board may only
consider comments and evidence
relevant to the specific standards
provided in the code. City Development
Staff provide reports to the Board for
each application on the agenda. The
Staff Report provides background
information on the application, informs
the Board of all the criteria in the Code
that a particular application must
satisfy, and interprets whether and
how an application has satisfied these
criteria.
process?
Because most applications will be
reviewed and decided upon at a single
public hearing, it is important for
interested parties to respond in a
timely and informed manner. Those
who wish to speak for or against an
application are given an opportunity to
be heard by the Board at the hearing,
but may also submit written comments
prior to the meeting.
Written comments must be delivered to
the Department of Neighborhood 8:
Development Services at City Hall no
later than 5 days before the hearing in
order to be included with the Staff
Report. All correspondence submitted
after that time will be delivered to the
Board at the time of the hearing.
The Board considers the application,
the recommendation of staff (in the
staff report) and any additional
information, correspondence, or
testimony provided at the hearing.
Board of Adjustment hearings are
usually held on the second Wednesday
of each month at 5:15 p.m. in Emma J.
Harvat Hall in City Hall. You can find
more information at the following
website: www.icgov.org/boa.
The Staff Report can be very useful to
anyone who is unfamiliar with the BOA
process or with the Zoning Code and
will provide an understanding of the
criteria that the Board must consider in
rendering its decision. Staff Reports
may be obtained from the Department
of Neighborhood i3 Development
Services. E-mail kirk-Lehmann@iowa-
city.org to request a copy of a report.
If you have questions about an
application or if you simply want more
information about issues related to the
Board of Adjustment, please feel free
to contact Kirk Lehmann at 319-356-
5230 or e-mail kirk-Lehmann@iowa-
city.org.
To submit comments to the Board of
Adjustment write to the Board of
Adjustment c/o the Department of
Neighborhood Et Development Services,
410 E. Washington St., Iowa City IA
52240 or e-mail kirk-lehmann@iowa-
cit .or .
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NEUMANN MONSON RCHITECTS
June 28`h, 2021
Kirk Lehmann
City of Iowa City
Planning and Zoning
Kirk,
See below with further information regarding our team's request to remove the operating
hours limitation from the staff recommendation going to the Board of Adjustment on July 14'h
for the RSA at the Reunion Brewery (113 E College St.).
The item in question relating to 14-4C-2, paragraph 1.c.2 of the Specific Approval Criteria is
stated as such:
(2) In the CB-10 zone, where the building containing the RSA abuts or is directly across a
public alley from a property containing upper floor residential uses or hotel rooms that have
windows facing the RSA, the hours of operation of the RSA are limited to ten o'clock (10:00)
A.M. to ten o'clock (10:00) P.M. Sunday through Thursday and ten o'clock (10:00) A.M. to
twelve o'clock (12:00) midnight Friday and Saturday.
Responding specifically to the wording of the code, this establishment's RSA neither abuts or is
located directly across a public alley from residential windows facing the RSA. The project
does have an adjacent residential building, but is setback from the RSA by a 20'-0" private
alley. The building occupied by the Brewery is owned by the same entity as the adjacent
residential tower, and both of that owner's properties are contingent on each other's success.
The Reunion Brewery will be an undertaking of an overall project budget upwards of $4.5
million dollars (construction and brewery/kitchen equipment). This investment in downtown
Iowa City is of the magnitude that requires all aspects of the business to be operating
continuously during the allowed business hours (ending at 2 am).
Downtown Iowa City draws patrons based on unique establishments with unique amenities.
Any establishment whose success is built around a feature element or space needs to make
that feature available at all hours to secure patrons and retain patrons. For the Reunion
Brewery, if its feature rooftop space is shut down prior to the end of business hours, the
business will risk losing those patrons to another establishment or losing their initial business
all -together. These two factors will most likely result in a significant loss of revenue and
patronage, making the Reunion's business model nonviable. In other words, this project will
not work financially without taking full advantage of its primary draw which will be its rooftop
patio or RSA.
221 EAST COLLEGE STREET SUITE 303 IOWA CITY, IOWA 52240 319.338.7878
111 EAST GRAND AVENUE SUITE 105 DES MOINES, IOWA 50309 515.339.7800
NEUMANNMONSON.COM
Architecturally speaking, the RSA will combine a number of elements to mitigate concerns of
light pollution and noise. The building itself provides a natural barrier for sound and light
around all four sides of the patio, different from other establishments in town with RSA's. All
walls, including the south -facing wall which faces the residential building will be a minimum of
16'-0" in height to contain much of the noise on the patio. Unlike the typical RSA, this patio is
not located on a traditional rooftop. The project is utilizing the second floor of an existing
building and removing the roof. The existing walls, along with newly built walls will enclose
the space as they typically had, rising to the height of the original roof, 16'-0" at a minimum
and close to 18'-0" at the high end. Acoustically speaking, these walls will contain significantly
more noise that a patio placed directly on a rooftop, in which case sound could spill out in all
directions. See figure 1 below illustrating the sectional quality of the rooftop and the
enclosure of the space.
FIG. 1—BUILDING SECTION OF RSA, LOOKING EAST
The light fixtures that will be suspended from cables will have canopies over top them so no
direct light will be sent upwards. Each light has an output of 42 lumens, with the entire layout
creating an output of 6,500 lumens (see figure 3 for layout), which is significantly less than the
maximum allowed for shielded fixtures of 200,000 lumens. See figure 2 for example of fixtures:
NEUMANN MONSON
FIG. 2 - RSA EXTERIOR LIGHT FIXTURES
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FIG. 3 - RSA LIGHTING LAYOUT- RSA BOUNDARY IN RED, SUSPENDED LIGHT STRINGS IN BLUE.
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The operator has also presented a management plan which acknowledges and agrees to no
amplified sound between the hours of 12 am and 10 am, will not provide live entertainment
with amplified sound outdoors on the RSA, and will limit or restrict amplified sound during
public events as needed.
We feel this design and concept meet the intent of the zoning code, providing multiple
mitigating effects to the elements of noise and light, and request that the limited operating
hours be removed from the staff recommendation.
Please let us know if you and your team have further information you need us to provide to
help resolve this issue.
NEUMANN MONSON
July 14, 2021
Board of Adjustment Meeting
EXC21-0008
ATTACHMENT 4
Special Exception Application
Submitted by the Applicant
'•' EnerGov
EXC21-0OOB
Project Description:
Under current code a Rooftop Service Area is allowed as a provisional accessory use in the CB-10
zoning district when operated with an eating establishment provided the rooftop area has an
occupancy limit of 50 people or less (Table 4C-2 of 14-4C-2AA ). A separate Design Review
application is necessary to complete this review (14-3C-3A-10). If the occupant load is greater
than 50, as determined by the building code, a Special Exception from the Board of Adjustment
is required. In addition, any rooftop service area accessory to a use that is licensed by the State
to sell alcoholic beverages is also considered a type of Outdoor Service Area and regulated by
Title 4, "Alcoholic Beverages", of the City Code. The proposed RSA for Reunion Brewery allows
for 97 occupants, and therefore requires a Special Exception Review.
Did you hold a Good Neighbor Meeting? Yes
Has a pre -application meeting been held? Yes
Date of previous application or appeal f led l Enter date
All special exceptions have speafic approval criteria that must be met. Please indicate which specific
approval criteria are applicable to this request. Contact staff for help identifying the specific approval
criteria that must be met.
Table 4C-2 of 14-4C-2AA
Also, it was not an option above, but while we have not
had a good neighbor meeting yet, we plan to hold one
Provide code section(s) here in ]uly.
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Special Exception Criteria and Responses for
Reunion Brewery RSA —111 E College Street
Accessibility: The RSA shall meet all building and fire code requirements, be ADA compliant, include
elevator service, and have accessible restrooms provided.
The RSA will be located on the 2nd story of the building and will be fully accessible. (2) Accessible
restrooms serve the RSA on the second level, and an elevator at the north end of the building provides
accessible access and egress for the space.
Design: The RSA shall be designed in an attractive manner that will not detract from adjacent uses, and
will prevent nuisance and safety issues. The applicant shall submit a design plan with the application for
an RSA that, at a minimum, specifies and illustrates the proposed size, dimensions, setbacks from
adjacent buildings and roof edges, occupancy load, layout, landscaping elements, access routes,
elevator, and accessible bathrooms. RSAs shall meet the following minimum standards. If a special
exception is required, the board of adjustment may impose additional or more restrictive conditions to
mitigate any anticipated externalities, including, but not limited to, restrictions on hours of operation,
lighting, size, occupancy load, and setback and screening requirements.
(1) The RSA shall be located directly adjacent to or above the use to which it is accessory
and there shall not be other uses located on floors in between the RSA and the use to
which it is accessory. The RSA is directly adjacent and accessory to the establishment
it's associated with. No other uses other than the Reunion Brewery are part of the
associated building or RSA.
(2) The RSA must be set back from adjacent upper floor uses and the edge of the roof and
screened and completely enclosed within a decorative fence or wall built of high
quality, durable materials. Landscaping elements, such as planters and green roofs, may
be used to soften views or provide a buffer. The setback and screening must be
established in a manner that will not unduly block light, air, or outdoor views from
upper floor windows on abutting buildings. The RSA is setback 24'-0" from the front
facade on the Pedestrian Mall and is separated from the front facade by an interior
dining space that has a height of roughly 17'-0". The south boundary of the RSA is 6'-0"
north of an exterior masonry wall that extends roughly 16'-0" above the roof patio. The
masonry wall has wood windows, fixed in place, in accordance with Historic
Preservation Requirements. The east and west boundaries of the RSA are enclosed by
existing building party walls rising 16'-0" above the RSA floor level.
(3) The RSA must be set back a minimum of ten feet (10') from the street facing edge of the
roof. A smaller buffer between the RSA and the roof parapet or guardrail may be
allowed, provided the buffer is determined to adequately address public safety. The
buffer and screen wall shall be of a sufficient depth and/or height and constructed of
attractive, durable materials that may also include landscaping elements to prevent
persons from leaning or dropping things over the parapet or guardrail that encloses the
terrace or rooftop. A design of the proposed buffer and screen wall shall be submitted
with the application. The RSA is setback 24'-0" from the front facade on the Pedestrian
Mall (street facing edge) and is separated from the front facade by an interior dining
space that has a height of roughly 17'-0". The south boundary of the RSA is 6'-0" north
of an exterior masonry wall that extends roughly 16'-0" above the roof patio. The
masonry wall has wood windows, fixed in place, in accordance with Historic
Preservation Requirements. The east and west boundaries of the RSA are enclosed by
existing building party walls rising 16'-0" above the RSA floor level.
(4) The lighting must comply with chapter 5, article G, "Outdoor Lighting Standards", of this
title. Except for any lighting required by the building code, lights must be turned off
when the RSA is not in operation. A lighting plan shall be submitted that illustrates
compliance with these standards. In section 14-5G-4: Physical Controls— light fixtures
located farther than 300'-0" from Riverfront Crossings Zone must not be higher than
35'-0" above grade. The light fixtures will be located within the CB-10 zone in the CBD,
and will be farther than 300'-0" from the nearest Riverfront Crossings zone. Light
fixtures for the RSA will be mounted at 32'-0" above grade. Bulbs are roughly 42
Lumens each and are not required to be shielded, however the fixtures provided will
have canopies on each bulb so no light will be directed upward. The total output of the
fixtures with in the RSA will be 6,500 Lumens, less than the 200,000 Lumens for
shielded fixtures.
(5) No signs shall be allowed in or on the exterior wall or fence of the RSA that are within
public view, as defined in chapter 9, article A of this title. No signs will be present
within the RSA space, though a logo -based mural is planned for the east wall of the RSA.
This will have zero visibility from public ways, and very minimal visibility from a few
units in the adjacent Tailwind Apartment Building and Whiteway 2000 apartment
buildings.
b. Management:
(1) For RSAs that are also outdoor service areas, as defined in title 4 of this code, there
must be an RSA management plan in place and at least one employee must be
designated to monitor the safety and compliance of the RSA during hours of operation.
The proposed management plan shall be submitted with the application. If nuisance or
safety issues arise, the city may require immediate changes to the management plan
and/or the number of monitors to remedy the situation and reserves the right to
suspend or revoke the RSA permit. A management plan is attached to this application.
(2) In the CB-10 zone, where the building containing the RSA abuts or is directly across a
public alley from a property containing upper floor residential uses or hotel rooms that
have windows facing the RSA, the hours of operation of the RSA are limited to ten
o'clock (10:00) A.M. to ten o'clock (10:00) P.M. Sunday through Thursday and ten
o'clock (10:00) A.M. to twelve o'clock (12:00) midnight Friday and Saturday. The RSA
does not abut or share a public alley with a residential building.
c. Food Service: If alcohol is being served, food service must be provided. Prior to approval of an
RSA, the applicant must submit evidence indicating how this requirement will be met. This
information is provided in the management plan.
d. Noise: The design of the RSA must minimize the carry of noise across property boundaries. Use
of specialized screen wall materials, sound deadening techniques, or similar, may be required.
Evidence of such a noise mitigation plan must be included with an RSA application. In addition,
after an RSA is established, the city reserves the right to require additional measures to remedy
any violation of the city's noise or nuisance ordinance, as determined by the city. All four sides
of the RSA will be bounded by solid 16'-0" architectural walls or higher, at the second level of
the building. No amplified sound will be present on the exterior space, unless requested
through permit.
14-4C-2AA-1f. Amplified Sound: Due to the potential nuisance to neighboring properties and the
general public in the surrounding neighborhood, amplified sound is only allowed for RSAs associated
with hospitality oriented retail uses in the RFC -SD subdistrict and for RSAs in the CB-10 zone, subject to
the limitations set forth below. RSAs accessory to hospitality oriented retail uses are not required to
obtain a temporary use permit, but must comply with the city's noise and nuisance ordinance, and the
standards stated below. Amplified sound is only allowed for an RSA in the CB-10 zone upon receipt of a
seasonal temporary use permit, unless it is accessory to a hospitality oriented use. Permits for amplified
sound are subject to the standards and restrictions set forth below and the general approval criteria for
temporary uses as set forth in article D of this chapter. A temporary use permit may be denied or
rescinded at the discretion of the city if noise becomes a nuisance or terms of the temporary use permit
or the special exception conditions are violated.
(1) If an RSA is located within three hundred feet (300') of a residential zone, amplified
sound is prohibited; The RSA is not within 300'-0" of a residential zone.
(2) The city may restrict the hours when amplified sound maybe used. However, in no case
shall amplified sound be permitted between the hours of twelve o'clock (12:00)
midnight and ten o'clock (10:00) A.M. OK
(3) No live entertainment using amplification shall be allowed OK
(4) Amplified sound may be restricted or prohibited during public events, festivals or
concerts OK
(5) The applicant must demonstrate to the satisfaction of the city that the design of the
RSA will minimize carry of noise across property boundaries. Use of specialized screen
wall materials, sound deadening techniques, control of volume, or similar may be
required. The RSA is surrounded on all sides by a minimum of 16'-0" tall architectural
walls of masonry or glass. This will significantly reduce the potential for sound to travel
out beyond the boundaries of the RSA.
14-4C-2AA-2. Additional Special Exception Approval Criteria For Nonconforming Drinking
Establishments: An RSA accessory to a nonconforming drinking establishment may be allowed by special
exception provided it meets the general approval criteria for special exceptions set forth in section 14-
4E-3 of this chapter, the approval criteria stated above for all RSAs and the additional approval criteria
listed below:
a. The RSA shall be located directly above and contiguous to the licensed drinking establishment.
Contiguous means there may not be other uses located on floors in between the drinking establishment
and the accessory RSA. The RSA is directly above, and continuous to the drinking establishment.
b. There shall be no horizontal expansion of the licensed drinking establishment. OK
c. There shall be no increase in interior floor area or interior occupant load of the existing drinking
establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment, or other
essential elements necessary to meet accessibility, building code requirements or to meet the
requirements or conditions of the special exception. The RSA and associated building are designed to
meet all necessary building code and accessibility requirements, and the presence of the RSA does not
increase the interior floor area or interior occupant load.
Special Exception Criteria and Responses for Non -Conforming Drinking Establishments
Reunion Brewery RSA —111 E College Street
Additional Special Exception Approval Criteria For Nonconforming Drinking Establishments: An RSA
accessory to a nonconforming drinking establishment may be allowed by special exception provided it
meets the general approval criteria for special exceptions set forth in section 14-4B-3 of this chapter, the
approval criteria stated above for all RSAs and the additional approval criteria listed below:
a. The RSA shall be located directly above and contiguous to the licensed drinking establishment.
Contiguous means there may not be other uses located on floors in between the drinking
establishment and the accessory RSA. The RSA is directly adjacent and accessory to the
establishment it's associated with. No other uses other than the Reunion Brewery are part of
the associated building or RSA.
b. There shall be no horizontal expansion of the licensed drinking establishment OK
c. There shall be no increase in interior floor area or interior occupant load of the existing drinking
establishment, except if necessary for required bathrooms, elevator, stairs, kitchen equipment,
or other essential elements necessary to meet accessibility, building code requirements or to
meet the requirements or conditions of the special exception. OK
General Criteria (14-46-3A):
1. The specific proposed exception will not be detrimental to or endanger the public health, safety,
comfort or general welfare. The proposed exception will not endanger the public health, safety,
comfort or general welfare. The projects intent is to return vibrancy and life to a building that's
sat empty on the pedestrian mall for almost 10 years. The use is consistent with other
establishments in the area and will positively contribute to the hospitality market along College
Street.
2. The specific proposed exception will not be injurious to the use and enjoyment of other property
in the immediate vicinity and will not substantially diminish or impair property values in the
neighborhood. The use allowed through the proposed exception will likely add value to
surrounding properties by refurbishing and activating two empty buildings within the Central
Business District.
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 proposed special exception is embedded within an existing
building and will not impede upon developments or improvements to surrounding properties or
structures.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being
provided. Yes
Adequate measures have been or will be taken to provide ingress or egress designed to minimize
traffic congestion on public streets. The property is located on a pedestrian street with no
vehicular traffic.
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. Yes.
7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended.
As located within the Central Business District and within a burgeoning arts and entertainment
corridor of downtown, the use of the proposed exception meets the intent of the
Comprehensive Plan of the City.
If the RSA is going to serve alcohol, it will also be subject to the following standards located at 4-3-1C,
which would be considered under general criteria 14-4B-3A-6:
1. Location Restrictions:
a. An outdoor service area must be located on private property and may not encroach on the
public right of way. The outdoor service area is located on private property and does not
encroach on the public right of way.
b. An outdoor service area shall not be located on any side of a licensed establishment which
fronts on a street unless the outdoor service area is being operated in conjunction with a
"restaurant" as defined in section 4-1-1 of this title. The outdoor service area does not front
or abut a public street.
RESTAURANT: A business whose primaryfunction is the service of food to customers and which
meets the following criteria:
A. Prepares meals on the premises and provides meal service to each floor of the premises
which is open to the public while the kitchen is open;
B. Has a food service menu from which customers may order-
C. Has an employee whose primary duty is the preparation of food and an employee whose
primary duty is to serve food to customers;
D. Has a kitchen separate from the bar equipped with adequate cooking equipment adequate
hood ventilation system that complies with state/local fire and building codes; two 3-
compartment sinks or a commercial dish machine; adequate food storage, refrigeration, and
holding equipment. Kitchen must met basic food requirements of a full -service food
establishment as certified by the Johnson County Health Department;
E. Operates the restaurant service during at least sixty percent (60%) of the hours that the
business is open to the public; and
F. Holds itself out to be a restaurant and advertises itself as a restaurant if it advertises.
G. Includes a cafe, cafeteria, coffee shop, delicatessen, ice cream shop, lunchroom, or tearoom.
c. An outdoor service area must be immediately adjacent to the licensed establishment of
which it is a part. The outdoor service area is immediately adjacent to the licensed
establishment.
d. An outdoor service area may be located on a rooftop if it is in compliance with the standards
of this title and the applicable standards and approval processes for rooftop service areas,
as set forth in title 14, chapter 4, article C, "Accessory Uses And Buildings", of this code.
Note that a special exception may be required. The outdoor service area is on the second
level of the building below the existing roof of the structure. The space meets the
requirements for rooftop service areas except for the occupant load being applied for in this
application.
e. An outdoor service area is permissible in any central business zone, according to the
provisions of this chapter. The property is located within the Central Business District.
2. Screening From Public View: Outdoor service areas are required to provide a permanent
decorative fence or other suitable barrier at least three feet (3') in height but no more than eight
feet (8') in height which is detectable by persons who are visually impaired. The entire service
area is on the second level of a building surrounded by full -height structural walls. This
requirement does not apply and is accessible and detectable to persons who are visually
impaired.
3. Exits: Emergency exits shall comply with all building, housing and fire codes. It does and has
passed a building permit review.
4. Occupancy Limits: The owner or operator of an outdoor service area shall be required to observe
the same per square foot occupancy limits that apply to the building which it abuts. The
occupancy limit for each outdoor service area shall be determined by the city building official. In
the event inclement weather requires early closing of the outdoor service area, the licensee or
permittee shall not allow patrons of the outdoor service area to enter that portion of the
licensed premises housed in the adjacent building if to do so would result in exceeding the
occupancy limits therefor as determined by the city building official. The occupant load has
been reviewed and approved from a building code standpoint, the current application is
requesting an exception for to allow for the building code -approved occupant load which is
greater than the current approved occupant load for RSA's.
5. Noise Restrictions: Compliance with the city noise ordinance shall be required. A noise mitigation
plan outlining the techniques to be used to minimize the carry of noise across property
boundaries shall be included with the outdoor service area application. The outdoor service area
shall be designed to minimize the carry of noise outside the outdoor service area through the use
of specialized screen wall materials, sound deadening techniques, placement and orientation of
speakers, control of volume, or similar. The plan shall include anticipated decibel levels and note
how the volume will be controlled. After an outdoor service area is established, the city reserves
the right to require additional noise minimization techniques. Amplified sound shall be
prohibited in outdoor service areas, except as allowed by title 14, chapter 4, articles C and D of
this code. The operator understands the constraints of the noise restrictions and has
acknowledged this in their management plan attached to the application.
6. Advertising And Signs: Additional advertising or identification signage beyond that permitted for
the main licensed establishment shall not be permitted. No signs are included within the RSA,
however an unlit mural containing the establishments logo is planned for the east interior wall of
the RSA.
7. Compliance With City And State Provisions: Outdoor service areas shall comply with appropriate
building, housing and fire codes and with all other applicable state and city laws. OK
ROOF SERVICE AREA MANAGEMENT PLAN FOR:
Reunion Brewery, 109-111 E. College Street, Iowa City, Iowa
HOURS OF OPERATION: 11:00 am — 2:00 am
ADA ACCESSIBILITY: There will be an elevator. See Floor Plan.
NUMBER OF EMPLOYEES ON RSA: There will be a minimum of 1 manager, 1 doorman,
bartender and 2 servers present on this level. More staff will be added as necessary.
CURRENT DESIGNATED MANAGERS: Kris Kass and Gina Mondanaro
• Additional Managers will be added to this list as we prepare to open for business.
• There will be a ServSafe Certified Food Safety Manager on premise at all times.
• There will be full time management monitoring the safety and compliance of the RSA
from open to close of business every day.
SAFETY & COMPLIANCE OF THE RSA:
• The floor manager will be responsible for crowd control to ensure that occupancy will
not exceed the maximum limit. In addition to the manager, there will be a doorman at
the entrance to the rooftop maintaining a head count of patrons and checking ID's.
• All employees will be trained to know and understand Fire & Life Safety policies.
• The floor manager will also be responsible for ensuring that all bartenders and servers
have been certified by an approved alcohol training program before first day of
employment. Reunion Brewery will be using the TIPS training program.
OVERSERVING OF ALCOHOL PREVENTION
• All employees will be certified through the TIPS (Training for Intervention ProcedureS)
program. TIPS (Training for Intervention ProcedureS) is the global leader in education
and training for the responsible service, sale, and consumption of alcohol.
UNDERAGE DRINKING & PASSING OF DRINKS
• All patrons will be asked for an ID at the entrance to the rooftop by an appointed
doorman. After 10:00 pm underage patrons will not be allowed on the rooftop without
supervision of a parent, guardian, spouse or domestic partner. All underage patrons
who are accompanied by approved supervision will receive an ink stamp on their right
hand indicating they are underage. Underage patrons not accompanied by supervision
will not be allowed on the RSA after 10:00 pm. In addition, starting at 9:00 pm there will
be a doorman at the main entrance on the first level checking ID's which will provide
another layer of protection.
• Bartenders will be trained to not serve multiple drinks to a single patron. A single
patron at the bar will be allowed to purchase one drink at a time for themselves only.
Multiple drink orders will only be served by the food server to a group table where
everyone at the table has presented a valid ID proving they are 21 or older. Any
underage patrons at a table will be stamped appropriately at time of entry identifying
them as underage.
• It will be the responsibility of the floor manager, bartenders, and servers to keep a
watchful eye on the patrons to ensure underage drinking is not occurring. If passing of
drinks is witnessed, the patrons will be asked to leave immediately and escorted out of
the building by the doorman and manager. If necessary, the police will be called for
assistance. .
UNSAFE BEHAVIOR & DISTURBANCES
Anyone exhibiting unsafe behavior and creating a disturbance will be asked to leave
immediately and escorted out by the doorman and manager. If necessary, the police
will be called for assistance.
CLEANLINESS OF THE RSA AND PREVENTION OF LITTERING
• The property will be professionally cleaned before the open of business every day, along
with ongoing cleaning throughout the day. There will be appointed stations for trash
located in the server's stations. The service staff is responsible for keeping the bar,
dining room, and their stations clean throughout their shift.
• There will be signs posted that say something to the effect: LITTERING FROM THE
ROOFTOP IS STRICTLY PROHIBITED AND WILL NOT BE TOLERATED AT ANY LEVEL.
Nevertheless, there will be signs posted warning patrons to not litter.
• Any patron caught littering from the rooftop will be asked to leave immediately and
escorted out of the building by the doorman and manager. If necessary, the police will
be called for assistance.
REUNION BREWERY'S FOOD MENU
• Reunion Brewery will have a fully functional kitchen designed for substantial food
service production. The menu has yet to be determined, but will most likely include
burgers, sandwiches, tacos, salads and pizza.
• These menu items will be extracted from the current menu of Reunion Brewery located
in Coralville, Iowa.
NOISE MANAGEMENT
• The ownership of Reunion Brewery understands there will be no amplified sound
between the hours of 12:00 am and 10:00 am.
• The ownership of Reunion Brewery understands the importance to the community and
neighbors to maintain acceptable audible levels at all times.
• Please see Architectural Floor Plan regarding noise barriers.
ADDITIONAL
• Lights that are part of the rooftop service area (RSA) will be turned off when the RSA is
not in use.
• The kitchen will always be open during the hours the RSA is in service.
• No live entertainment using amplification will be used on the RSA, and we will comply
with any requests to restrict or prohibit amplified sound during public events, festivals,
or concerts.
Regina M. Mondanaro Date
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Legal Description of Property
(Property is currently being re -platted with the rest of the Tailwind Development, the descriptions
provided below are the property descriptions for 109 and 111 E College prior to development.)
109 E College St: IOWA CITY (ORIGINAL TOWN) W 19.3' LOT 3 BLK 82
111 E College St.: IOWA CITY (ORIGINAL TOWN) E 38.75' OF W 58.05' LOT 3 BLK 82
July 14, 2021
Board of Adjustment Meeting
EXC21-0009
ITEM 3D ON THE AGENDA
Deferral Memo
Prepared by Staff
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CITY OF IOWA CITY
MEMORANDUM
Date: July 9, 2021
To: Board of Adjustment
From: Kirk Lehmann, AICP, Associate Planner, Neighborhood & Development Services
Re: Deferral of Special Exception Application at 21 S. Linn Street (EXC21-0009)
Background
The applicant, CA Ventures, has requested a special exception to reduce the minimum number of
required parking spaces for the subject property at 21 S. Linn Street (EXC21-0009). The purpose
of the parking reduction is to allow the redevelopment of the site into a 12-story, mixed use building
with commercial and amenity space on the first floor and dwelling units above.
The applicant is currently in the process of modifying their site plan and concept, which will require
a resubmittal of certain application materials. The hearing on the application was initially
scheduled for the July 14, 2021 Board of Adjustment meeting, and the Public Notice for this
meeting included EXC21-0009 on the agenda. The applicant has requested deferring the
application until the Board's next meeting on August 11, 2021.
Recommendation
Once the site and concept are finalized, staff will be able to complete its review and make a
recommendation. Because staff is not prepared to make a recommendation to Board of
Adjustment at this time, staff recommends deferring EXC21-0009 until the August 11 meeting.
July 14, 2021
Board of Adjustment Meeting
PRELIMINARY MEETING MINUTES
ITEM 4 ON THE AGENDA
June 30, 2021
Prepared by Staff
MINUTES
BOARD OF ADJUSTMENT
INFORMAL MEETING
JUNE 30, 2021 — 5:15 PM
Electronic Meeting
(Pursuant to Iowa Code section 21.8)
PRELIMINARY
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:
MEMBERS ABSENT:
STAFF PRESENT:
OTHERS PRESENT:
CALL TO ORDER:
Nancy Carlson, Amy Pretorius, Mark Russo
Gene Chrischilles, Bryce Parker
Sue Dulek, Kirk Lehmann
The meeting was called to order at 5:15 PM and roll call was taken.
BOARD OF ADJUSTMENT TRAINING:
Training for members of the Board of Adjustment on their role and procedures.
Lehmann stated they will first talk a little bit about background to remind everyone what the
Board's role is and then will look at sample language, what to do, what not to do, and then some
case examples and time for questions. Lehmann noted Carlson did submit a couple topics that
she wanted staff to cover so they tried to integrate that into the presentation.
Lehmann explained the Board of Adjustment is mandated by law and is a five -member panel
appointed by City Council. It is a quasi-judicial panel, basically acting as a jury of peers for
specific situations as enumerated in the Code, including if there are waivers from the Zoning
Code. The Chair presides over meetings and staff assists by providing background standards
and recommendations to help the Board with their decision and any possible conditions that
might make sense. Because the Board is quasi-judicial if there is an appeal of a decision, it
goes to court, it never goes before City Council, the Board is an extra layer of scrutiny above
staff but below legislative decisions made by Council.
Regarding the different types of cases and how they might play out, Lehmann explained there
are special exceptions, which are explicitly enumerated in Code and are two kinds. Some are
related to where certain uses are only allowed by special exception and some are related to
standards where flexibility is provided if certain criteria are met. There are also two additional
case types that are rarer, a variance is something not listed in the Code that they're asking for
Board of Adjustment
June 30,2021
Page 2 of S
flexibility on. Note, the City will likely be updating the Code as it relates to variances because
they are strictly determined by State law and the City's Code doesn't exactly match that. Staff
will keep the Board updated when that happens. The other rare case is an appeal, if there's a
decision that staff has made the applicant can come before the Board to make a decision and
again the Board acts as a jury.
Lehmann stated in terms of process, there's an application that staff reviews and informs the
public about, they put a sign on the property, send letters to neighboring property owners, and
put a notice in the newspaper, and then there's a public hearing and comment period held by
the Board. Any comments that come to staff prior to the meeting will be included in the agenda
packet, if received after the agenda packet is sent out, he will send them to the Board prior to
the meeting and mention them in the staff presentation. Lehmann added another change that
might be coming up this summer is staff is looking to expand the radius that they mail notice
letters to. Right now it is 300 feet but Council has indicated a desire to expand that to 500 feet,
Lehmann will keep the Board posted on that. Lehmann stated in the public hearing, the Board
makes a decision which requires three votes to approve, if approved the application moves
forward, if it's denied the applicant has the option to appeal to court. The Board does have the
power to also approve with conditions, again staff recommends conditions that the Board can
add to or subtract from as they see fit based on the factors being considered for that application.
Dulek next went into more detail about the meeting process, all cases follow the same order,
especially with special exceptions (appeals may be a little different). With special exceptions,
the Chair explains to the public and everybody else what the item is then opens the public
hearing. The public hearing is important because that's where the Board is gathering all the
information, they do get some information ahead of time in the agenda packet, but the public
hearing is where the Board hears from people opposed, people in favor, and what staff thinks. It
is also the Board's opportunity to gather that information and ask questions because once the
Chair closes the public hearing the Board doesn't have an opportunity to gather more
information. Dulek said if during the public hearing the Board feels they need more information
before they can make a decision, perhaps from another source or from the applicant, they need
to keep the public hearing open and move to defer the application to the next meeting, where
they can hear whatever other additional information is brought forward, and then the public
hearing is closed. Dulek stressed that is very important, the public hearing must remain open if
the Board wants more information. Also, while the public hearing is open that is not a time for
the Board to start discussing what they think, or what is stronger or what is weaker or what's
missing. The public hearing is a time for the Board to ask questions and gather information.
Dulek stated the normal procedure is to start with the staff report, then sometimes the applicant
wants to offer additional information, then anybody who's speaking in favor of the application
and finally, anybody opposed to the application. At any time, the Board can ask questions of
staff, the applicant, etc., but when all are done and the Board has all their information gathered
and questions answered, the public hearing will be closed. After the public hearing is closed,
someone other than the Chair moves the application, it doesn't mean the person agrees with
the application, they just need a motion so it can be discussed. Motions are always made in the
affirmative, so there's a motion to approve the application and a second, and that simply puts it
on the table so the Board may begin their deliberation. It may be a simple discussion of
agreement with the application, or it may require going through all the standards again,
sometimes it's one standard that's holding up the decision. The Board can vote to approve or
Board of Adjustment
June 30,2021
Page 3 of S
approve with conditions. If there are not three votes in favor, the application is denied
Dulek noted a common question is when it is appropriate to ask a question and the answer is
during the public hearing.
Carlson asked what if there is a question about a clarification or if they need more information.
Lehmann stated if there's more information needed, or more clarification, the Chair will ask
others opinions before they close the public hearing. If board members want more information
and want to defer, Lehmann noted they will also need a motion to defer and three people to vote
to defer. Dulek added then at the beginning of the next meeting the Chair would just say the
public hearing has remained open from the last meeting.
Carlson asked what happens if during the Board discussion there is a question raised of
needing more information. Dulek said if anyone is feeling there needs to be more information,
that needs to be discussed before the public hearing is closed. Lehmann added at that point
the Board member doesn't have to say they have a concern about a specific issue, or a specific
criteria, rather that as a Board member they feel like they need some additional information and
would like to hear from X, Y & Z.
Russo asked if the public hearing is extended or deferred, are the Board members subject to
any additional protocol as they could be waiting months. Dulek answered it may not be a
month, the Board could schedule a special meeting as soon as a few days later, but even if it
does go until that next month's meeting members of the Board can't talk to each other, or
anyone about the case.
Pretorius asked that for a deferral, someone other than herself has to make a motion and a
second, but she is allowed to vote as Chair. Dulek confirmed that is correct. Dulek also noted
she is at all meetings and will help the Board navigate through the process if it comes up.
Pretorius asked another question about motions and Robert's Rules and as Chair she can be
involved in discussion but has limitations regarding motioning, however, does the Chair need to
be the last person to comment. Dulek stated it is not required, but it's the Chair's prerogative to
do that. For example, the mayor often will wait and speak last, but it is not required, and the
Chair can decide to talk whenever they'd like. Pretorius understands the thought process
behind that as people actually look to the Chair as an authority figure and she doesn't want her
opinion to speak for everybody else in terms of clarifications or additional information. Lehmann
said that's probably not an issue when it's not a conversation, it's more about trying to get
additional information in the hearing similar to crossing a witness in a court case. It's not as
much about sharing your opinion, because your opinion comes out during the discussion.
Lehmann next moved on to sample language and the "cheat sheets" that were included it in the
agenda packet to help construct how to say things. He noted it is a little abstract in the
examples, but it is important language for the findings of fact and/or adding and changing
conditions. For example, if they want to change findings, and disagree with a finding that staff
has made in the staff report, they could say "regarding item EXC21-0049 I concur with the
findings set forth in the staff report of June 30, 2021 and conclude that the general and specific
standards are satisfied with the one exception, I find that the proposed use will be detrimental to
neighboring properties because the applicant has not proposed buffering to mitigate." Lehmann
Board of Adjustment
June 30,2021
Page 4 of S
said they define the finding they want to address and then how they would change it so that the
Board can adopt the findings with the changes. The findings could then continue with "I
recommend the Board adopt the findings for approval with the following changes so it will not be
detrimental to neighboring properties, with the condition that the applicant provide buffers'.
Lehmann said by adding conditions they are stating they disagree and probably are going to
vote against a given application because it doesn't meet that criteria unless there is a condition
that will fix whatever they felt was missing before.
Dulek added for certain factual findings with each standard, 98% of the time, no one's going to
dispute those, it's just usually one issue that a member of the public or a board member is going
to question so there's no reason really to go into all the findings and standards, just say by
default you are fine with staffs findings except ... and call out the one particular standard you
have an issue with, why you disagree, and what you propose should be done. For example, it
may be to add the condition that they have to put in some buffer and add some trees, or it may
have to do with lighting, etc. But they should always default to the staff report for the findings,
otherwise they have to make their own findings and agree with them all for the record and quite
frankly 95% plus are usually agreed to even when there's a reversal or somebody is unhappy.
Carlson asked if they recommend and support staff findings and approve of the proposal, then it
can go ahead and be approved. Dulek replied if there are not any changes proposed, they are
just going to say they've heard what staff had to say and heard what the public has had to say
and agree with staff as their findings. It is only when the Board disagrees with one of the
findings that it has to be noted that you disagree with this particular finding because you don't
think that criteria is met.
Lehmann added all it takes is one criteria to be questioned for an application to be denied. For
example, they had a case a couple months ago where Chrischilles disagreed with a couple
findings and he chose the one that he thought was least supported and stated why he thought it
was not met and that got three votes, which meant it was denied.
Lehmann stated during the discussion a Board member should bring up all the concerns they
have because some may ring true to others and if three agree, and it's got to be three, then
there can be a motion to add a condition or change the finding. Dulek again noted she can help
the Board through that process. Lehmann added as they're reviewing the staff report, if they
have concerns, just make notes in the margin and pay attention to what that finding was that
you have the biggest concerns with and the overarching criteria such as it is going to be
detrimental to neighboring properties.
Lehmann noted not only can the Board discuss if the criteria have been met, there's also adding
or removing conditions. So when there are concerns, the Board can discuss them after the
hearing is closed. The Board can talk about things that they think might make it okay or things
that they don't think make it okay. That point is where you start to decide if the conditions that
staff have recommended are good or if you think there are some that are missing. If you want
to remove some that staff have incorporated, when you're motioning for approval, you would
add on with conditions or approve it with no conditions.
Lehmann stated another question was how much control the Board can expect to exert on
private property. For example, how does this interact with traffic flow on private drives. He
Board of Adjustment
June 30,2021
Page 5 of S
explained the bottom line is, to be approved by special exception requires both general and
specific criteria to be met. For example, if it is health and safety issue and it's required by Code
it's fair game to say you don't think that this is a safe use. However, it must be tied to the
special exception, if there is a case you would recommend denial of because you think that for
example, parking on the other side of the property would look nicer, but there is no health or
safety issue, that is not tied to a special exception criteria so it is not valid. Everything has to be
tied to the approval criteria that is used for that request, either general or specific criteria.
Lehmann noted there was also a question about the Board knowing boundaries of what they
may be able to do. Staff can help navigate some of that but overall, it has to be proportional to
the impact and it's got to be related to the special exception, those are the two primary tests.
Carlson asked if Board members can ask questions of staff before the meeting if there is
something they don't understand. Dulek said they can ask questions, but staff won't answer
them until the meeting where they will answer them to the whole group.
Lehmann added everything must be part of the public record, so usually it's just easier to wait
until the public hearing and ask during the hearing. Dulek said to ask before the meeting if they
think it will require staff to do some research and are not be able to answer off the top of their
heads during the meeting. It is nice to get a head's up so staff can gather the information, but
again the question would be announced at the meeting as a question that had been asked, and
staff did some research on it and this is what they had found. Dulek also noted it is the same
process if a member of the public emails staff and brings up some issue and staff needs to do
some research and get some information. It will be disclosed at the public hearing, not directly
back to the member of the public.
Pretorius asked when they are talking about the findings of facts and are going to accept the
findings except for the findings that it will not be detrimental to neighboring properties, do they
need to give more information beyond that it's going to be detrimental. Lehmann said they do
need to provide the rationale for the decision because that's what a court would review.
Lehmann next will discuss what to do and what not to do, some of which has already been
discussed tonight. The main thing is to avoid conflicts of interest and not to chat about the
application before the meeting. Then during the public hearing, it is the Chair who guides the
hearing so if things are getting off track in terms of they're not really addressing the approval
criteria or they don't like an aspect that has nothing to do with the special exception, it's
definitely the Chair's prerogative to ask speakers to please limit their comments to the specific
issue at hand or to make sure that it's only new information being presented. The Board's
public hearing is for gathering the information. Also using personal opinions about something
that doesn't relate to the criteria is a big no no, and also, try to make sure to save the Board
discussion for after the public hearing is closed. Don't make decisions based off your feelings on
the standard itself, the standard is City Code and must be followed, even if someone doesn't
agree with the standard in the Code. If the Board doesn't like a standard, the Board could make
recommendations to Council but it's not commonly done, it is Council's prerogative to decide
what those standards are.
Lehmann next noted they'd review some sample cases, why they're important, and how they fit
into the broader picture.
Board of Adjustment
June 30,2021
Page 6 of 6
Dulek stated every once in a while there is an appeal of a board decision to the courts, they
haven't had one now in a couple years but oftentimes they'll have one in a couple of years. One
example was the special exception to grant a manufacturing plant in an industrial zone where
one of the neighbors appealed, stating it was injurious to the use and enjoyment of other
properties and would impact property values in the neighborhood, and the Iowa Court of
Appeals said as the Board they are allowed to rely on their commonsense and bring their day-
to-day experiences to the table. The court is not going to sit in judgment on whether they agree
with the appellant, they're looking to see whether the Board should have made the decision they
did, based on the evidence and the information that was presented at the public hearing. That
case was a good example of both those two important things, to rely on common sense and the
court is not going to substitute their own decision, they are just going to see what decision the
Board made, and how you got there, and if they find that to be reasonable, even if it might not
have been their decision.
Lehmann added that's also where the findings of fact are important because that's where the
Board lays out the rationale for how they came to decision.
Dulek stated another case was an appeal by neighbors of the Shelter House, 15 years old ago
when it was built, and they needed a special exception to construct transient housing in a
commercial district. The Board approved it and folks in disagreement, including some
neighboring businesses, turned to the criteria again that it would impair property values. Again,
the court said no, there was substantial evidence to support the Board's decision, there was
enough evidence brought before the Board during the public hearing that it would not impact
evaluation of property. Dulek noted that people can disagree, that happens all the time, but as
long as there's enough evidence to support what the Board decided, that is what is important.
Dulek also reiterated what Lehmann touched on and that's ex parte communication, which
means discussion with people not at the hearing. So discussions with other Board members
before the hearing, discussions with staff before the hearing or with a member of the public or
anybody is not allowed. There was a case in Des Moines with a private sewage treatment plant
and the question was if interested parties had communicated with the Board before the public
hearing. The Court of Appeals said again in this quasi-judicial function it is similar to a jury and
all parties involved are entitled to fairness and impartiality and independence, even though the
procedures and the evidence are less rigid there can be no difference in our concept between
the two, and they went on to say the ex parte communication between members of Board of
Adjustment was wrong and the Board's decision was overturned.
Carlson thanked staff for the presentation and noted she has been reading these things over
again, but it helps to talk it through.
Russo agreed and noted the more exposure he gets to the protocols and the issues he
understands better and that tonight was helpful. He just wants to make sure he doesn't make a
wrong decision. Dulek advised to just keep those standards in mind and if the applicant for the
special exception has meet those standards. The applicant has the responsibility to meet them
it's their burden and it is the Board's decision based on the evidence that was presented.
Lehmann noted even within the Board there might be differences in how they interpret a
Board of Adjustment
June 30,2021
Page 7 of S
standard or how it applies so that's where discussion comes in and maybe some members may
disagree but that's okay. They only need a majority decision, not unanimous.
Russo asked if they have an applicant for a special exception and the Board approves it with a
condition does that gives them an opening to come back and reapply or how does that work.
Lehmann replied usually it means that for them to get other City approvals they need to meet
whatever the condition is. Often the conditions include triggers about when something needs to
be done, for example prior to building permit approval and those are when staff would check it.
Lehmann noted they could theoretically come back; the applicant will usually say at the hearing
if they agree with the condition or not. Also staff lets the applicant know in advance what
conditions staff will propose and then it's up to the applicant to say if it is a deal breaker.
Dulek added if the applicant tries to come back with the same application it is usually denied,
they have had the opportunity to make their case previously. If there are substantial changes
then it's a new application.
Russo asked if the Board puts a condition on an approval, then that condition goes back to City
staff and they apply that to their interactions with the party. Dulek added it is also recorded so
should they sell the property, the buyer will know what that condition is. Lehmann said they
have had some cases where they look back at old special exceptions to make sure that
conditions are still met. For example, let's say there's landscaping that was required and it has
since died as it's been 30 years since it was approved, one of staffs new conditions is probably
going to be to replace this landscaping because the buyer has to meet this condition.
CONSIDER THE JUNE 9, 2020 MINUTES:
Carlson moved to approve the minutes of June 9, 2021. Russo seconded the motion
A vote was taken and the motion carried 3-0.
BOARD ANNOUNCEMENTS:
Lehmann wanted to give the Board an update on public meetings and online meetings. The
end of online meetings is July 25, that is when they are anticipating the end of the Governor's
emergency proclamation. The July 14 meeting will be online and then starting in August
meetings will be back in person in Emma Harvat Hall if everyone is comfortable with that
location. There should be enough room for everyone to space out because they're only five
people. Council is moving to the senior Center for a little bit for more room. Lehmann said they
will continue to record meetings and those video recordings will be posted to the City website.
Carlson asked if meetings were always recorded. Lehmann explained they've recorded audio in
the past, but now will do visual recordings at the direction of Council for all boards and
commissions.
ADJOURNMENT:
Russo moved to adjourn this meeting, Carlson seconded, a vote was taken and all approved.
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July 14, 2021
Board of Adjustment Meeting
ANNOUNCEMENTS
ITEM 5 ON THE AGENDA
Information for the Board of Adjustment
Submitted by the Identified Party
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(319) 356-5000
July 1, 2021 (319) 356-5009 FAX
www. icgov. org
On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law.
This legislation established the Coronavirus State and Local Fiscal Recovery Fund, which
provides significant resources to state, local, territorial, and Tribal governments to support
urgent COVID-19 response efforts, replace lost public sector revenue and restore service levels,
support immediate financial stabilization for households and businesses, and address public
health and economic challenges caused by the pandemic and that have disproportionately
impacted certain populations.
While the funds provide broad flexibility to local governments, the U.S. Treasury has released
detailed guidance on how these funds can be used. A summary sheet of eligible uses is
attached to this letter. You can also visit www.icoov.org/ARPA to learn more, find a link to full
U.S. Treasury Guidance, and view other City resources and outreach materials.
The U.S. Treasury has allocated $18.3 million to the City of Iowa City. The City received
approximately half of this funding in May 2021 and anticipates receipt of the remaining balance
in May 2022. All funds must be obligated by December 31, 2024.
The City anticipates ongoing public input opportunities throughout the eligible use period
(December 31, 2024) and will collect an initial round of public input through August 15, 2021.
We encourage the community to imagine how these funds can be transformative for Iowa City.
On behalf of the City of Iowa City, I would like to invite all Iowa City Boards, Commissions, and
Committees to share ideas for spending these funds. Thoughts and ideas can be submitted
through the following:
• Online survey: https://www.surveymonkey.com/r/ICARPA
• E-mail to publicinput(@iowa-citv.org
Additional virtual and in -person listening sessions are also being scheduled and details on these
opportunities will be published online at icgov.org/ARPA and through other City platforms.
Thank you for your consideration and all the work you do to make our community better.
S'in�cerely. /� l/
Rache rg
Assistant City Manager
¢�S�ENT OFT/�F,PF.
A'
U.S. DEPARTMENT OF THE TREASURY
The American Rescue Plan will deliver $350 billion for state, local, territorial, and
Tribal governments to respond to the COVID-19 emergency and bring backjobs.
The Coronavirus State and Local Fiscal Recovery Funds provide a
substantial infusion of resources to help turn the tide on the
pandemic, address its economic fallout, and lay the foundation for
a strong and equitable recovery.
Funding Objectives
• Support urgent COVID-19 response efforts to continue to
decrease spread of the virus and bring the pandemic under control
• Replace lost public sector revenue to strengthen support for vital
public services and help retain jobs
• Support immediate economic stabilization for households and
businesses
• Address systemic public health and economic challenges that
have contributed to the inequal impact of the pandemic
®Support Public Health Response
Fund COVID-19 mitigation efforts, medical
expenses, behavioral healthcare, and certain
public health and safety staff
Replace Public Sector Revenue Loss
Use funds to provide government services to
the extent of the reduction in revenue
experienced due to the pandemic
Eligible Jurisdictions & Allocations
Direct Recipients
• States and District of Columbia
($195.3 billion)
• Counties ($65.1 billion)
• Metropolitan cities ($45.6 billion)
• Tribal governments ($20.0 billion)
• Territories ($4.5 billion)
Indirect Recipients
Non -entitlement units ($19.5 billion)
O)V Address Negative Economic Impacts
a1'ffl Respond to economic harms to workers, families,
small businesses, impacted industries, and the
public sector
Premium Pay for Essential Workers
Offer additional support to those who have and
will bear the greatest health risks because of their
service in critical infrastructure sectors
Water and Sewer Infrastructure (i11' Broadband Infrastructure
Make necessary investments to improve access • Make necessary investments to provide unnerved
to clean drinking water and invest in or underserved locations with new or expanded
wastewater and stormwater infrastructure broadband access
For More Information: Please visit www.treasury.gov/SLFRP
For Media Inquiries: Please contact the U.S. Treasury Press Office at (202) 622-2960
For General Inquiries: Please email SLFRP@treasury.govfor additional information
Alaft
10 U.S. DEPARTMENT OF THE TREASURY
Example Uses of Funds
® Support Public Health Response
• Services to contain and mitigate the spread of
COVID-19, including vaccination, medical expenses,
testing, contact tracing, quarantine costs, capacity
enhancements, and many related activities
• Behavioral healthcare services, including mental
health or substance misuse treatment, crisis
intervention, and related services
• Payroll and covered benefits for public health,
healthcare, human services, and public safety staff to
the extent thatthey work on the COVID-19 response
A Replace Public Sector Revenue Loss
• Ensure continuity of vital government services by
filling budget shortfalls
• Revenue loss Is calculated relative to the expected
trend, beginning with the last full fiscal year pre -
pandemic and adjusted annually for growth
• Recipients may re -calculate revenue loss at multiple
points during the program, supporting those entities
that experience revenue loss with a lag
Water & Sewer Infrastructure
• Includes improvements to infrastructure, such as
building or upgrading facilities and transmission,
distribution, and storage systems
• Eligible uses aligned to Environmental Protection
Agency project categories for the Clean Water State
Revolving Fund and Drinking Water State Revolving
Fund
Q Equity -Focused Services
• Additional flexibility forthe hardest -hit communities
and families to address health disparities, invest in
housing, address educational disparities, and promote
healthy childhood environments
• Broadly applicable to Qualified Census Tracts, other
disproportionately impacted areas, and when
provided by Tribal governments
LLcll Address Negative Economic Impacts
• Deliver assistance to workers and families, including
support for unemployed workers, aid to households,
and survivor's benefits for families of COVID-19 victims
• Support small businesses with loans, grants, in -kind
assistance, and counseling programs
• Speed the recovery of impacted industries, including
the tourism, travel, and hospitality sectors
• Rebuild public sector capacity by rehiring staff,
replenishing state unemployment insurance funds, and
implementing economic relief programs
A Premium Pay for Essential Workers
• Provide premium pay to essential workers, both
directly and through grants to third -party employers
• Prioritize low- and moderate -income workers, who
face the greatest mismatch between employment -
related health risks and compensation
• Key sectors Include healthcare, grocery and food
services, education, childcare, sanitation, and transit
Must be fully additive to a worker's wages
Imo° Broadband Infrastructure
• Focus on households and businesses without access
to broadband and those with connections that do
not provide minimally acceptable speeds
• Fund projects that deliver reliable service with
minimum 100 Mbps download / 100 Mbps upload
speeds unless impracticable
• Complement broadband investments made through
the Capital Projects Fund
G Ineligible Uses
• Changes that reduce net tax revenue must not be
offset with American Rescue Plan funds
• Extraordinary payments into a pension fund are a
prohibited use of this funding
• Other restrictions apply to eligible uses
The examples listed in this document are non -exhaustive, do not describe all terms and conditions associated with the use of this funding,
and do not describe all the restrictions on use that may apply. The U.S. Department of the Treasury provides this document, the State and
Local contact channels, and other resources for informational purposes. Although efforts have been made to ensure the accuracy of the
information provided, the information is subjectto change or correction. Any Coronavirus State and Local Fiscal Recovery Funds received will be
subjectto the terms and conditions of the agreement entered into by Treasury and the respective jurisdiction, which shall incorporate the
provisions of the Interim Final Rule and/or Final Rule that implements this program.