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HomeMy WebLinkAbout09-08-2021 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT Wednesday, September 8, 2021 — 5:15 PM City Hall, 410 East Washington Street Emma Harvat Hall Agenda: 1. Call to Order 2. Roll Call 3. Request for Reconsideration Request to reconsider the decision for EXC21-0009 dated August 11, 2021 (An application submitted by Axiom Consultants requesting a special exception to allow a 50 percent parking reduction for other unique circumstances and to allow parking within the exterior walls of a building in a CB-10 zone to construct a new mixed -use building at 21 S. Linn Street). 4. Special Exception Item a. EXC21-0013: An application submitted by ImOn Communications requesting a special exception to allow a basic utility use in a Community Commercial (CC-2) Zone to build a telecommunications hub at 755 Mormon Trek Boulevard. b. EXC21-0003: An application submitted by LT Leon Associates for a special exception to allow drive -through facilities in a Community Commercial (CC-2) zone for online grocery pick-up at Iowa City Hy-Vee #3 located at 1125 N. Dodge Street. c. EXC21-0004: An application submitted by LT Leon Associates for a special exception to allow drive -through facilities in a Community Commercial (CC-2) zone for online grocery pick-up at Iowa City Hy-Vee #1 located at 1720 Waterfront Drive. d. EXC21-0014: An application submitted by LT Leon Associates for a special exception to allow drive -through facilities in a Community Commercial (CC-2) zone for online grocery pick-up at Iowa City Hy-Vee #2 located at 812 S. 1 st Avenue. 5. Consideration of Meeting Minutes: August 11, 2021 6. Board of Adjustment Announcements 7. Adjournment If you 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@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Upcoming Board of Adjustment Meetings Formal: October 13 / November 10 / December 8 Informal: Scheduled as needed. September 8, 2021 Board of Adjustment Meeting EXC21-0009 ITEM 3A ON THE AGENDA Request for Reconsideration Submitted by Identified Parties CITY OF IOWA CITY MEMORANDUM DATE: 9/2/2021 TO: BOARD OF ADJUSTMENT FROM: SUSAN DULEK, ASS'T. CITY ATTORNEY RE: RECONSIDERATION OF DECISION / EXC21-0009 / MEETING ON SEPTEMBER 8 On August 11, 2021, the Board considered EXC21-0009, a request by Axiom Consultants requesting a parking reduction and allowing parking on the ground floor at 21 S. Linn Street. The Board denied the application 2-3 (Carlson, Chischilles, and Russo in the negative). On August 24, CA Ventures filed a request for a reconsideration of the vote. Article VIII, Section 5 of the Board's operational rules allows for a reconsideration in limited circumstances, and I have attached a copy of the provision for your reference. Motions to reconsider are also governed by Robert's Rules (Article VI, Section 13 of the Board's rules provides that "except as otherwise provided herein, Roberts [sic] Rules of Order Newly Revised shall be used to conduct Board hearings and meetings." See in particular Chapter 36 entitled "Reconsider."). • The request for reconsideration must be in writing and must be made within 10 business days of the vote, and it was. The agenda packet contains the request submitted by CA Ventures. • A request for reconsideration "shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing." • A motion to reconsider must be made by a member who voted in the majority. With that said, a Board member is not obligated to make the motion; it is discretionary. • Therefore, for a motion to reconsider to be voted upon, Board member Carlson, Chrischilles or Russo will need to make the motion to reconsider. If no one makes the motion, the Board will proceed to the next item on the agenda and the request for reconsideration will be deemed denied. • If a motion is made, any other member but Chairperson Pretorius may second the motion. Under Article VI, Section 10 of the Board's procedural rules, the Chair cannot move or second a motion. A majority is needed for the motion to succeed. The request for a reconsideration will be on the September 8 agenda. If a motion for reconsideration is made by Board member Carlson, Chrischilles or Russo, is seconded by anyone other than the Chair, and passes by majority vote, the reconsideration of the special exception will be on the October 13, 2021 agenda. As stated earlier, the discussion and decision on September 8 "must be based on evidence that was not presented or was unavailable at the time of the original hearing." If you have a general question on the reconsideration process, please email it to Kirk Lehmann. I will respond in writing to the full Board and copy in the attorney for CA Ventures listed below or will respond orally on September 8. Enc. Copies with enc. to. Kirk Lehmann Michael J. Pugh, Attorney for CA Ventures ARTICLE Vill. DECISIONS: Section 1. Whenever possible, decisions by the Board shall be made at the same hearing wherein the testimony and presentation of evidence are considered. Section 2. Formal decisions shall be made in writing, setting forth findings of fact and conclusions of law as required by Iowa law. Section 3. Each decision shall be filed with the City Clerk within a reasonable time after the Board hearing, and shall be stamped by the Clerk to indicate the date and time of filing. The Clerk will forward the decision to the Johnson County Recorder's Office, for recording at the city's expense. Section 4. A copy of said decision shall be forwarded by the Secretary of the Board to the applicant, the Building Inspector, the City Attorney's Off ice, and any Attorney of Record within a reasonable time after filing with the City Clerk. Section 5. Reconsideration: Upon written request, the Board may reconsider a decision on a special exception or variance application. A request for reconsideration must be made within ten (10) business days of the meeting at which a vote on the application was originally taken and shall articulate and be based on evidence that was not presented or was unavailable at the time of the original hearing. A motion to reconsider must be made at the subsequent meeting by a member of the Board who voted on the prevailing side. If a motion to reconsider is approved, the application will be placed on the agenda of the next meeting in order to satisfy the requirement for public notice and hearing. No decision may be reconsidered more than once. Appeals to the Board may not be reconsidered. ARTICLE IX. AMENDMENTS TO THE PROCECURAL RULES. Section 1. A concurring vote of three (3) of the members of the Board shall be necessary to amend these procedural rules. Such proposed amendments shall be presented in writing at any regular meeting or at any special meeting called for that purpose. Amendments shall go into effect upon approval by the City Council. Pugh Ha,Ran P ra h mP. ATTORNEYS & COUNSELORS August 24, 2021 VIA EMAIL Iowa City Board of Adjustment 410 East Washington Street Iowa City, IA 52240 c/o Kirk Lehmann (Kirk-Lehmann(a)iowa-citv.org) Re: Motion to Reconsider EXC21-0009 21 S. Linn Street Applicant: CA Ventures Dear Members of the Board: 425 E. OAKDALE BOULEVARD SUITE 201 CORALVILLE, IOWA52241 PHONE 319-351-2028 FAX 319-351-1102 PUGHHAGAN.COM MPUGH@PUGHHAGAN.COM Please consider this letter a request for reconsideration of the above referenced application for special exception in accordance with Article VIII, Section 5 of the Board's procedural rules. The Board denied the applicant's request for a special exception by a vote of 2-3 at its August I Ith meeting, despite staff s recommendation of approval (with conditions). There were no opponents to the application who spoke at the public hearing. Reason for Request for Reconsideration. Robert Miklo, retired Senior Planner for the City of Iowa City, submitted correspondence to the Board late in the afternoon on August 11`l', a few hours before the scheduled Board meeting. This correspondence proved to be persuasive to the Board members who voted against the request for a special exception. However, Mr. Miklo's letter was not shared with the applicant in advance of the meeting and, therefore, the applicant did not have an opportunity to rebut Mr. Miklo's comments during its presentation before the Board. In fact, the applicant did not receive a copy of Mr. Miklo's letter until the day after the meeting, on August 12s . The applicant believes Mr. Miklo's letter contains inaccurate conclusions concerning the unique characteristics of student housing and the compliance of the applicant's project with the City's Comprehensive Plan. Specifically, Mr. Miklo concluded that: i) the parking requirements for residential uses in the CB-10 Downtown District, as reflected in the Iowa City Code (adopted in 2010), adequately reflect the parking spaces needed for student housing; ii) the applicant's project is not unique compared to other housing that has been built downtown; iii) a special exception for applicant's project would be inconsistent with other approved projects downtown; and iv) the proposed design of the project does not conform to the Comprehensive Plan, specifically the Downtown and Riverfront Crossings Plan. (00396921) flilWIWv aLW ► ' ::l SgWK4 August 24, 2021 Page 2 As a matter of fundamental fairness the applicant should be permitted to address the assertions and conclusions contained in Mr. Miklo's letter, which it didn't have the opportunity to do when the Board previously considered this matter. Respectfully submitted, PUGH HAGAN PRAHM PLC Michael J. Pugh (/ MJP/dab cc: CA Ventures (00396921) Kirk, We are writing to request a reconsideration from the Board of Adjustments regarding the proposal at 21 S Linn as presented at the 8/11/2021 Board of Adjustments meeting. As you know, the late correspondence from Mr. Miklo was a major factor in the decision making of several board members, however, this letter was not distributed to the development team before hand — so the development team was not given a chance to rebut several of the statements in Mr. Miklo's letter. Regarding compliance with the comprehensive plan, the development team would ask the board to reconsider based on the factors outlined below: 1) Mr. Miklo states that the project does not comply with the guidelines outlined in the comprehensive plan. The chart below illustrates how the proposed project does comply with these guidelines. 21 S Linn Compliant? COMPREHENSIVE PLAN GUIDANCE (DT 3 - Strategic Infill, see pg.53) Y N New development should be located on sites that do not contain historic buildings X* Active uses, such as ground floor retail (and not blank walls), should front onto the street X frontages and the City Plaza. Upper floors should contain office, commercial, and residential uses X Buildings should be built to the property line. X Comer locations should be reserved for taller buildings, creating a block structure with X taller buildings on the comers and lower scale, historic buildings between them The taller buildings on the comers should have a lower base consistent with adjacent historic buildings to make them `feel' contextual with the rest of downtown, while also X limiting the perceived height of towers Parking should be located both on -street and behind storefronts in parking structures X *The drive through site was listed as "contributing" to a historic district only very recently— in late May - and all Board Members, Mr. Miklo, city staff, and the applicant agree that the current use is not the highest and best use. Given that the site is specifically shown as strategic inffll in the Comprehensive Plan, it's clear that its authors did not consider the drive through to be historically significant. 2) It is true that there is language in the Comprehensive Plan stating that the images embody the guidelines therein — but since there are no guidelines specifically referencing height, the development team feels it is inappropriate to limit height based on a conceptual massing meant to illustrate other concepts — setbacks, building to the property line, etc. - and not intended to limit height in such a specific way. The zoning code does not limit height in the CB-10 district, and the Comprehensive Plan has not been used to limit development in this way before. Two nearby examples are below: a. 7 South Linn — Shown in the Comprehensive Plan as 4 stories; actually developed as 8 stories. b. 201 E Washington — Shown in the Comprehensive Plan as 12 stories; actually developed as 14 stories. WWNfOWNOlflll v�R Nwm gfie wW mi.Tn io nw Po u.1 u I w1 F'm FSCO M. MbeGVae 1111. - aS,5E0 11330 - �3.5]�5 39.30 ]].33V M.. - - Mlrcf/ 3.45 Oi6 U,B MveJ Vae 1,etl 12 3) Furthermore, the comprehensive plan shows zero parking spaces provided at the 21 S Linn site. This would not even be allowed per zoning, which caps the amount of parking reduction at 50% - and therefore, it would be impossible to present a code -compliant proposal for a residential building that is also exactly compliant with the Comprehensive Plan. In the opinion of the development team, this shows that the comprehensive plan is meant to serve as a guide for development in the area, but not establish firm requirements regarding the exact height or parking requirements for any particular site. min a uc - •- .,+,...r_ r- - - - - - - - - - - - - OWA AVEL Aft 1 0 0 vb .# p ASHIM T4% VYVW;# 1;"i 111ii• 90 91YMba- 1 ■II � �ii•• f t' • • �E®L 1 0��rY•. ••1: •%b % CFO) Fie j •��•LL '�'• I BURLINGTON ST. c f. Os O K DOWNTOWN DISTRICT BUIIEIng BulMl to BUIMIrq fool nl 1., S9uart R Camm. Y OM[e ss MIve6 ss RN6 61 MOM SF .1. 3f SUMe unlit RnlGenlla1 U" ..N ..Ift I.., Ramon, o &m vraNle! M3 Muef Use 6,NS S M0 6.Oa5 1a,180 - 16 0 3 MS MivM U QSW 5 33.9W 6,SM 10000 - - l6 M 3 M3 MIVM Uiese 11,390 S 950 56, 11,390 45.580 33 M 34 MJ MIvM Use 31.3HI 8 945611 N.20 ano Ms 0 M-f MireE/F4 L., 5 35. - - 3$II Mi Mue6 Use 3.830 33 3LM LOW 30.I30 13 a0 0 MJ MuN Use 3,030 5 nA50 3.M 12.3M 8 33 0 MJ MuM Use 3,720 3 "M - - 3,3M SAW - - - 6 - 19 0 M9 MM Iiy35 9 ukas V,939 wx3 & Ili 0 M-10 MhM Use 8.315 9 m4n 8.T5 07M a - 10f 0 M-11 M1M Use 7J l 31). 3,BW 2 4M l6 - 51 0 DT-U MUM Use COS 8 67" 8.05 59.335 4 13 DT-13 MhM Me 6.835 5 M,135 6,M P,3e0 - - - M - 55 11 M-11 MUMUse )23S 5 36.1J5 7335 28.9C0 30 56 9 DOWNTOWN DISTRICT TOTALS 635,20 0 11'i. 9ia15 u6.595 0 0 0 ]09 0 UNQ - 4) Finally, the development team wishes to illustrate the steps it took prior to the 8/11 Board of Adjustment meeting to make the project more compliant with the Comprehensive Plan. These images were not presented at the 8/11 meeting. In April, the team originally intended to develop 450 beds on a site that included two adjacent parcels — and intended to pay the in -lieu fee to reduce parking. After receiving staff feedback, the team scaled back the development to include only the drive through parcel. Further discussion with staff resulted in the addition of step -backs to reinforce the articulation of the lower base consistent with the adjacent historic buildings. Proposal as of 4.27 Current Proposal Proposal as of 7.1 Since its inception, the project has endured drastic changes to comply with the comprehensive plan and has lost 35% of its initial density — which the project was able to handle due to the presumption that the parking variance could be granted without an in -lieu fee similar to the variance received by Gilbane for the same reason in April of this year. The project has already lost so much density that reducing the height to nine stories as suggested by the board is not a financially feasible option. Regarding Mr. Miklo's statement that 21 S Linn receiving a parking variance would not be consistent with the way other student projects have been treated downtown, the development team would ask the board to reconsider based on the factors outlined below: 1) The amount of requested reduction is very much in line with other student projects downtown: a. RISE at Riverfront Crossings - 56% reduction to code -required parking b. Gilbane Site at 700 S Dubuque - 48% reduction to code -required parking c. 21 S Linn — 50% reduction to code -required parking 2) Furthermore, the development team would like to note that the Gilbane project was given a parking reduction due to the uniqueness intrinsic to its use as a student housing building and was not required to pay an in -lieu fee. 21 S Linn is a smaller project and more walkable to campus, and therefore a parking reduction would be even more appropriate for 21 S Linn. Please route this letter and the enclosed request for consideration to the Board of Adjustments for consideration. Sincerely, Andrew Savoy Vice President, Development CA Ventures September 8, 2021 Board of Adjustment Meeting EXC21-0013 ITEM 4A ON THE AGENDA Staff Report Prepared by Staff STAFF REPORT To: Board of Adjustment Prepared by: Joshua Engelbrecht, Planning Intern Item: EXC21-0013 Kirk Lehmann, Associate Planner Parcel Number: 1017265001 Date: September 8, 2021 GENERAL INFORMATION: Applicant: ImOn Communications LLC 101 3rd Ave SW Suite 400 Cedar Rapids, IA 52404 (319) 200-6300 www.imon.net Contact Person: Property Owner(s): Joe Meyers 101 3rd Ave SW Suite 400 Cedar Rapids, IA 52404 (319) 533-2319 joe.meyers@imon.net Walden Square Properties, LLC 755 Mormon Trek Boulevard Iowa City, IA 52246 Requested Action: Special exception to establish a basic utility use consisting of a telecommunications hub in a Community Commercial (CC-2) zone Purpose: Location: Location Map: Size: To provide internet and cable services 755 Mormon Trek Blvd. 4.8-acre parcel — 240 sq. ft. proposed site 1 Existing Land Use and Zoning Surrounding Land Use and Zoning Applicable Code Sections: File Date: BACKGROUND: Mixed Use; Community Commercial (CC-2) North: Residential; Low Density Multi -Family Residential (RM-12) East: Residential & Commercial; Low Density Single -Family Residential (RS-5) & Community Commercial (CC-2) South: Commercial; Community Commercial (CC-2) West: Residential; Low Density Multi -Family Residential (RM-12) 14-4B-3A: General Approval Criteria 14-4B-4D-1 b: Basic Utilities in Commercial and Industrial Zones Not Enclosed within a Building August 9, 2021 ImOn is a telecommunications company located in Cedar Rapids that provides internet and cable services. They are seeking to expand their service capabilities within Iowa City and have applied to establish a telecommunication hub in a 16-foot by 15-foot building at the northwest corner of the property located at 755 Mormon Trek Boulevard. The property is zoned Community Commercial (CC-2), which allows basic utility uses by special exception when not enclosed within a building that houses another principal use. In this case, the basic utility use would be in a proposed building attached to an accessory use, specifically the garages along the west property line. The hub requires screening to the S3 standard because properties to the north and west are zoned residential. The applicant's site plan (Attachment 4) shows emerald arborvitaes to the north and west of the proposed telecommunications hub, and a 4.5-foot-high retaining wall to the north, which would screen the utility from abutting residential zones. 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 14-4113-413-1b, pertaining to Basic Utilities in Commercial and Industrial Zones not enclosed within a building, as well as general approval criteria in Section 14-413-3A. 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 are set forth below. Specific Standards: 14-46-413-1b-2: (2) In all commercial zones, the RDP and ORP zones, and the ID-C and ID -RP zones, basic utilities not enclosed within a building are permitted only by special exception. Proposed uses must be screened from public view and from view of any adjacent residential zones to at least the S3 standard. In addition, the applicant must provide evidence that the proposed use will be compatible with surrounding structures and uses with regard to safety, size, height, scale, location, and design, particularly for facilities that will be located close to or within view of a residential zone. For uses located in highly visible areas, the board may consider additional design elements such as masonry or brick facades, and walls or fencing to improve public safety and to soften the visual impact of the proposed use. Water and sanitary sewer pumps or lift stations approved by the city as part of subdivision or site plan approval do not require special exception approval from the board of adjustment. FINDINGS: • The proposed use would be located at the rear of the lot and not highly visible from a public street, sidewalk, access easement, or other public way, or from a public park or other public open space area. • The site plan shows emerald arborvitae landscaping to the S3 standard to the north and west of the proposed telecommunications hub, and a block retaining wall to the north, which helps screen the use from abutting residential properties. Staff will confirm the proposed screening conforms to S3 standards during site plan review. • The proposed use will be enclosed in a structure with a locked door, preventing access to those not authorized and mitigating public health and safety issues. • The proposed structure is one story (approximately 10 feet in height), which is in scale with surrounding one- and two-story structures. • The use is proposed to be attached to the existing building to the south. Staff recommends a condition that the proposed structure match the design of the existing building, including colors, textures, materials, roof pitch, and related features to ensure compatibility. General Standards: 14-46-3: Special Exception Review Requirements: The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • The proposed use will be enclosed in a structure with a locked door, preventing access to those not authorized and mitigating public health and safety issues. • The proposed telecommunications system requires a generator that will be located west of the proposed structure, approximately 12 feet from the property line. The generator is expected to produce 64 decibels of sound, which is similar to air conditioning units at 100 feet away (60dB), TV audio & vacuum cleaners (70dB), or a normal conversation. The site plan shows a 6-foot tall privacy fence enclosing the generator. Staff recommends a condition that the privacy fence be solid to mitigate potential spillover noise onto adjacent properties. • The proposed system would provide internet and cable options to Iowa City residents, improving general welfare. 2. The specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. FINDINGS: • The proposed use will allow for another internet service provider in Iowa City and increase bandwidth capabilities. • The proposed structure is small (240 square feet), is in the rear northwest corner of the property, and is screened from the view of adjacent residential properties. • The application indicates that the proposed structure enclosing the use will blend into the existing building. Staff recommends a condition that the proposed structure match the design of the existing building to mitigate the visual impact of the building for nearby uses. • The proposed hub requires a small generator to power it, which is expected to produce 64 decibels of sound. The site plan shows a privacy fence enclosing the generator, but staff recommends a condition that the privacy fence be solid to mitigate potential spillover noise onto adjacent properties. 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 fully developed, as are surrounding lots. • The proposed structure is set back from adjacent property lines and proposed landscaping improvements to the site will mitigate any visual impacts. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • The area is fully developed with access to utilities and other necessary facilities. • Staff will ensure compliance during site plan and building permit review. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • The proposed structure is located on a lot that has adequate circulation and parking from an alley that is accessed via Westwinds Drive. The use is not expected to substantially increase traffic as it would only need occasional maintenance. • A dumpster enclosure is directly east of the proposed use. However, there is adequate space for parking between the enclosure and proposed structure, and there is adequate space for garbage trucks to access the enclosure. • A pedestrian route is proposed north of the building to provide access. 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: • There are no minimum parking requirements for this use. Where a side or rear lot line in a Community Commercial (CC-2) zone abuts a residential zone, the minimum setback must at least equal the setback in the abutting residential zone. The property to the west is zoned Low Density Multi -Family Residential (RM-12), which requires a 20-foot rear setback. The site plan shows that the proposed use is set back 17 feet from the abutting residential property. The applicant may either shift the building 3 feet east or request a minor modification to reduce the setback by 3 feet (15%). This will need to be addressed for the site plan to be approved. The proposed generator is 12 feet from the west property line. As an accessory mechanical structure, this meets the accessory setback standards for the zone. Based on a preliminary review, all other standards appear to be met. Staff will ensure compliance with all other standards during site plan and building permit 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 as General Commercial. • The Southwest District Plan future land use map designates this area as Neighborhood Commercial. • The Southwest District Plan encourages the development of businesses that provide goods, services and amenities to the neighborhood. STAFF RECOMMENDATION: Staff recommends approval of EXC21-0013, to establish a basic utility use for the property located at 755 Mormon Trek Blvd, subject to the following conditions: 1. The exterior of the structure for the proposed use shall match the exterior of the existing building to which it will be attached, including colors, textures, materials, roof pitch, and related features, to be approved during site plan review. 2. The generator used to power the telecommunications hub shall be enclosed by a 6-foot tall, solid privacy fence to mitigate noise spillover onto adjacent properties. 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 September 8, 2021 Board of Adjustment Meeting EXC21-0013 ATTACHMENT 1 Location Map Prepared by Staff CT Ir EE Ift September 8, 2021 Board of Adjustment Meeting EXC21-0013 ATTACHMENT 2 Zoning Map Prepared by Staff 106 II CAM,ON CT o I " Oh19 AMJ1 NC � �- LSLL `` ! /m '4 •■ yp�Y �� SM'. yyr.yr I� 4d� I�LLw dw rig ,unne� r.- i t Jrc� rw 41ar �. '�, ✓'a 0 � •o rU N°1 0 c >, ca R d I L d L O o September 8, 2021 Board of Adjustment Meeting EXC21-0013 ATTACHMENT 3 Correspondence Submitted by the Identified Party Ott '-,a_ August 16, 2021 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 RE: Special Exception for 755 Mormon Trek Blvd. (31 9) 356-5000 (319) 356-5009 FAX www.tcgov.org Dear Property Owner: The Iowa City Board of Adjustment has received an application submitted by ImOn Communications requesting a special exception to allow a basic utility use consisting of a telecommunications hub in a Community Commercial (CC-2) zone for the property located at 755 Mormon Trek Blvd. (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 receivedaa copy of this letter, we would appreciate it if you would inform them of the pending application. o The Board of Adjustment will review this application at a public meeting tentatively scheduled for September 8, 2021 at 5:15 pm in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City. Because the meeting is subject to change, you may wish to call 319-356-5230 or check the City of Iowa City's website, www icgov.orq/BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration 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()-iowa-city.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 Associate Planner City of Iowa City Department of Neighborhood and Development Services Board of Adiustment: Frealuentev Asked Questions j What is the Board of Adjustment? 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. What is a variance? 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. How can I participate in the process? Because most applications wilt 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 i3 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 Et 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 ft Development Services, 410 E. 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Did you hold a Good Neighbor Meeting? No Has a pre -application meeting been held? Yes Date of previous application or appeal filed Enter date ■ 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. provide fencing around generator as well as 53 screening Provide code section(s) hem I I ?� a� ... a x 0 a 0 L a .. m L C O L O �fi v ._, O L �. 3 D. Institutional And Civic Uses: 1. Basic Utilities In Commercial And Industrial Zones And ID-C, ID -I, And ID -RP Zones: a. Basic Utilities Within Enclosed Buildings: In all commercial, industrial, and research zones, and in the ID-C, ID-1, and ID -RP zones, basic utilities are permitted within a building that houses another principal use allowed in the zone, provided the facility is completely enclosed, and there is no visible indication of the existence of the facility from the exterior of the building. No, it will match the surrounding area b. Basic Utilities Not Enclosed Within A Building: (1) In the ID -I, 1-1 and I-2 zones, basic utilities not enclosed within a building are permitted, provided the use is located at least two hundred feet (200') from any residential zone and is screened from view of public rights of way to at least the S3 standard. To ensure public safety, the city may also require that the use be enclosed by a fence. Basic utilities that cannot meet the two hundred foot (200') separation requirement may apply for a special exception from the board of adjustment as described in subsection Db(2) of this section. We will comply to the S3 screening as is described on the site plans. (2) In all commercial zones, the RDP and ORP zones, and the ID-C and ID -RP zones, basic utilities not enclosed within a building are permitted only by special exception. Proposed uses must be screened from public view and from view of any adjacent residential zones to at least the S3 standard. In addition, the applicant must provide evidence that the proposed use will be compatible with surrounding structures and uses with regard to safety, size, height, scale, location, and design, particularly for facilities that will be located close to or within view of a residential zone. For uses located in highly visible areas, the board may consider additional design elements such as masonry or brick facades, and walls or fencing to improve public safety and to soften the visual impact of the proposed use. Water and sanitary sewer pumps or lift stations approved by the city as part of subdivision or site plan approval do not require special exception approval from the board of adjustment. The only exterior exposure to the residential area will be the generator that will be enclosed by a 6 foot privacy fence as well as emerald arborvitaes. A. Approval Criteria: In order to grant a special exception, the Board must find that the applicant meets the specific approval criteria set forth in this title with respect to the specific proposed exception. The Board must also find that the applicant meets the following general approval criteria or that the following criteria do not apply: 1. The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. The equipment and will be in an enclosed secured structure. This will be no threat for the general public 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. No, you shouldn't even know it is there, as it will blend into the existing structure. 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. No, it will match with the surround property. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Yes, seeing that is in an existing parking lot that shouldn't be a problem. Utilities will be provided Mid -American Energy and since we are adding a wall drainage will also be addressed. 5. Adequate measures have been or will betaken to provide ingress or egress designed to minimize traffic congestion on public streets. Yes, it is not close to any public thoroughfare. 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. Yes, we will comply with the city's codes and regulations. WALDEN SQUARE COMMERCIAL CONDOMINIUM UNIT C-3 BLDG C September 8, 2021 Board of Adjustment Meeting EXC21-0003 ITEM 413 ON THE AGENDA Staff Report Prepared by Staff STAFF REPORT To: Board of Adjustment Prepared by: Kirk Lehmann, Associate Planner Item: EXC21-0003 Date: September 8, 2021 Parcel Number: 1002336001 GENERAL INFORMATION: Applicant: John Brehm Hy-Vee, Inc. 5820 Westown Parkway West Des Moines, IA 50266 jbrehm@hy-vee.com Contact Person: Rachel Harris LT Leon Associates 500 E. Locust Ave, Suite 400 Des Moines, IA 50309 515-250-8188 rharris@ltleon.com; Ileon@ltleon.com Property Owner(s): Requested Action: Purpose: Location: Location Map: HURD Iowa City, LLC 5820 Westown Parkway West Des Moines, IA 50266 Special Exception to allow an accessory drive -through facility in a Community Commercial (CC-2) zone To allow construction of a permanent kiosk and drive - through lanes for online grocery pick-up 1125 N. Dodge Street k F MI 1 Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Applicable Code Sections: File Date: BACKGROUND: 6.27 Acres Commercial; Community Commercial with a Planned Development Overlay (CC-2/OPD) North: Residential; Medium Density Single -Family Residential (RS-8) East: Commercial; Neighborhood Commercial with a Planned Development Overlay (OPD/CN-1) South: Residential, Commercial, & Institutional; Low Density Multi -Family Residential (RM-12) & Community Commercial (CC-2) West: Residential, Commercial, & Institutional; Medium Density Single -Family Residential (RS-8), Community Commercial (CC-2), and Neighborhood Public (P-1) 14-4B-3A: General Approval Criteria 14-4C-2K-3: Drive Through Facilities March 12, 2020 LT Leon Associates, on behalf of Hy-Vee, Inc., submitted a special exception request for a drive - through facility associated with their Hy-Vee Aisles Online pick-up program for the subject property at 1125 N. Dodge Street. The property contains a grocery store of around 57,000 square foot on N. Dodge Street with parking to the southwest. The store was constructed in 2014. In total, the lot is approximately 6.27 acres. The use is surrounded by a variety of uses, including residential, commercial, and institutional uses. The property was initially zoned Community Commercial with a Planned Development Overlay (CC- 2/OPD) on September 3, 2013 (Ordinance No. 13-4547) to accommodate critical slopes on the site. Drive -through facilities are allowed by special exception in CC-2 zones. The property was rezoned to the same zone (CC-2/OPD) on August 17, 2021 (Ordinance No. 21- 4860) to revise the Conditional Zoning Agreement approved in Ordinance No. 13-4547. Under the revised Conditional Zoning Agreement, the property is subject to the following conditions: 1. A buffer area generally consistent with the attached plan shall be established along the western property line of the parcel rezoned to CC -2. This buffer must be screened to the S3 standard. Wherever the buffer area is less than 35 feet a masonry wall shall be provided consistent with the attached plan. 2. No signs shall be permitted within the 35-foot buffer, or on the north and /or west sides of the convenience store facing the residential development, except for a monument sign at the intersection of Dodge Street and Prairie Du Chien Road. There will be no more than two (2) free - standing signs permitted along the Dodge Street frontage. Other fascia and monument signs are permitted as per the code. 3. Any building or structure including canopies shall be of a quality design appropriate for property abutting a residential neighborhood, including features such as stone and masonry materials, standing seam metal roofs, and muted colors. The design of any buildings as well as associated structures and facilities must be presented to and approved by the Design Review Committee prior to the City issuing a building permit. 4. Existing evergreen screening and mature trees will be preserved along the northwest side of the property where possible. 5. Development and landscaping shall be generally consistent with the attached plan, dated 06/08/2021. The site plan submitted with the application is the same as that approved as part of the rezoning Vehicular access for the site is provided from three access points on N. Dodge Street to the south and two from St. Clement Street to the north. Two north -south internal drives, which are connected by east -west parking aisles, provide circulation through and across the property. The eastern -most access on N. Dodge Street provides access to the loading area east of the building, whereas the rest provide public access. Pedestrian access is provided from two points on N. Dodge Street and two on St. Clement Street, providing access to the convenience store to the west and the HyVee to the east. Pedestrian routes to the store connect to a pedestrian pathway along the front building fagade, and they are clearly demarcated by bollards along the building and by colored pavement, including where it crosses the vehicular drive to the north. The proposed drive -through facility would replace the existing parking aisle nearest St. Clement Street. The site plan (Attachment 4) shows three drive -through lanes and an Aisles Online kiosk with a canopy between the lanes and the street to the north. The one-way entry to the drive -through lanes is accessed from the internal drive to the east and would exit into a parking aisle to the west. Small parking areas would be retained near the entrance and exit to the drive -through. The drive - through is proposed to be pick-up only with no order boards or intercom systems. The site plan also includes a pedestrian pathway from the sidewalk for employees to bring orders to the kiosk. 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-2K-3, pertaining to special exceptions to allow drive through facilities in a CC-2 zone, as well as the general approval criteria in Section 14-413-3A. 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 are set forth below. Specific Standards 14-4C-2K-3: Special Exception Approval Criteria a. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive -through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria: (1) Wherever possible and practical, drive -through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive -through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. FINDINGS: • The property has two public vehicular access points from N. Dodge Street to the south and two from St. Clement Street to the north, which are connected by north -south internal drives and east -west parking aisles. St. Clement Street is classified as local street while N. Dodge is classified as an arterial. • The proposed drive -through lanes are accessed from the internal cross access drive nearest the building and exit into the surface parking lot. The facility cannot be accessed directly from a street. • While the small parking areas around the drive -through lanes have two-way access, the drive -through lanes are one-way from east to west. (2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. FINDINGS: • No changes to curb cuts are being proposed as part of the project. • Pedestrian access through the site will be retained and a sidewalk route will be added to the Aisles Online kiosk for employees. The existing pedestrian route is demarcated with colored pavement where it crosses the internal drive. The crossing is approximately 20-feet long. • Additional painted areas will provide access from the kiosk to individual cars to facilitate safety while orders are loaded. (3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive -through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive -through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering). FINDINGS: • The site plan shows 3 drive -through lanes, each with 6 stacking spaces, for a total of 18 vehicles. The drive -through facility is for pick-up only, not ordering. This meets the required number of stacking spaces. • Peak hours are estimated from 4:00 pm to 6:00 pm, Monday through Friday. • The drive -through lanes are far enough from the access drive to accommodate potential spillover traffic and to minimize traffic safety impacts. • Staff recommends substantial compliance with the site plan be a condition of approval to ensure that traffic safety is not compromised. (4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. FINDINGS: • The site plan indicates directional arrows at all access points to the drive -through facility and in the drive -through lanes. • Signage to direct vehicles to the drive -through are located at the entrance to the access drive. • Pavement markings denote drive -through lanes and loading areas. • No pedestrian routes cross the drive -through lanes. Where there is a pedestrian crossing to the north, it is demarcated with colored concrete to promote safe pedestrian movement. b. Location: (1) In the CB-2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive -through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. FINDINGS: • The drive -through lanes are on the nonstreet-facing facade of the kiosk. (2) Drive -through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. FINDINGS: • Drive -through lanes are more than 30 feet from the St. Clement Street right-of- way and will be screened by the kiosk and landscaping to the S3 standard. • A landscape plan will be submitted as part of the site plan review. c. Design Standards: The number of drive -through lanes, stacking spaces, and paved area necessary for the drive -through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. (1) To promote compatibility with surrounding development, the number of drive - through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. FINDINGS: • The drive -through is proposed in a central location on the north side of the site, which is across St. Clement Street from single-family and duplex homes. • The site plan shows three 10- to 12-foot wide drive -through lanes, partially under an awning, and a kiosk between the drive -through lanes and St. Clement Street for part of the length of the lanes. • Nearly all proposed paving replaces existing paving, except where parking islands would be removed and/or otherwise affected. • S3 screening is required between the drive -through lanes and the St. Clement Street right-of-way. Landscaping along St. Clement Street will be replaced, and two trees in parking islands will be removed. Compliance with parking lot landscaping standards will be reviewed at the site plan stage, including Landscaping and Tree Requirements Within Parking Areas (14-5A-51). Because of these standards, additional tree islands may be required. • The Conditional Zoning Agreement requires that any structure with canopies, including the proposed kiosk, shall be of a quality design appropriate for property near residential neighborhoods with features such as stone and masonry materials, standing seam metal roofs, and muted colors. The Design Review Committee must review and approve prior to issuance a building permit. • The proposed improvements will help maintain the safety of those utilizing the walkways and will not diminish the design quality of the streetscape nor the pedestrian environment. (2) Drive -through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive -through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented character of streets in the CB-2 zone and the riverfront crossings district, the board may require the drive -through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (S) in height and shall be designed to complement the principal building on the site. FINDINGS: • Landscaping along St. Clement Street shall be replaced to the S3 standard. • Part of the drive -through lanes would be screened by the proposed kiosk, while the remainder will be screened by the future landscaping. (3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. FINDINGS: • The drive -through facility is proposed for pick-up only. • Incremental time slots for customers are used to help plan orders and reduce idling on the site. • Employees load customers' cars, so while doors are included in the fagade of the kiosk, no service windows are provided. (4) Stacking spaces, driveways, and drive -through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. FINDINGS: • No new vehicular and pedestrian conflicts are created by the proposed drive - through facility, except for demarcated areas where employees will load vehicles. • Some conflicts may arise between vehicles accessing the drive -through lanes and vehicles accessing nearby parking, but there is adequate room for vehicles to maneuver and adequate signage and pavement markings to direct traffic. • The Design Review required by the Conditional Zoning Agreement will ensure the building is also integrated into the surrounding streetscape. • The proposed facility will be similar to the current parking spaces on the site as both are auto -oriented uses, so the proposed use will retain consistent design. (5) Lighting for the drive -through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. FINDINGS: • A photometric plan was submitted as part of the application. • Staff shall review any new lighting for the site in compliance with current code standards as part of the site plan review process. (6) (Repealed by Ordinance No. 16-4685 on 11-15-2016) (7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. FINDINGS: • No loudspeakers or intercom systems are part of this project. • Staff recommends a condition that no external loudspeakers or intercom systems be installed in the future to mitigate potential future issues associated with noise. 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 drive -through facility is not expected to increase vehicular traffic to the site, as it is anticipated that drive -through trips will primarily replace in-store trips. • Vehicular circulation and access are adequate to the accommodate drive -through traffic as long as they conform to the site plan as submitted. • To ensure a smooth flow of traffic, staff recommends a condition that drive -through lanes remain pick-up only. • No new vehicular and pedestrian conflicts are created by the proposed drive -through facility, except for areas where employees will load vehicles. • While there may be some potential conflicts between vehicles that are parking and vehicles that are utilizing the drive -through lanes, there is adequate room to maneuver, and pavement markings and signage are sufficient to ensure safe traffic flows. 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: • Screening to the north will mitigate impacts to the streetscape and adjacent properties. • The Conditional Zoning Agreement requires that any structure with canopies, including the proposed kiosk, shall be of a quality design appropriate for property near residential neighborhoods with features such as stone and masonry materials, standing seam metal roofs, and muted colors. The Design Review Committee must review and approve prior to issuance a building permit. • Because the proposed facility is adjacent to residential uses, staff recommends a condition that hours of operation be limited from 6:00 am to 9:00 pm weekdays and from 6:00 am to 10:00 pm weekends to mitigate any potential impacts due to noise. • No loudspeakers or intercom systems are part of this project. 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 institutional uses. • Future redevelopment and improvement of adjacent properties will not be affected. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • Sufficient utilities, access roads, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Pedestrian access will be maintained between the right-of-way and subject property. • Proposed internal circulation is sufficient for vehicular and pedestrian access. • The project will include relocating the existing Electric Vehicle charging station and light pole/vertical wind turbine. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • There is adequate space for 18 vehicles to stack in the drive -through lanes with additional space for overflow. • The proposed drive -through lanes and kiosk are accessed from internal drives and will exit into the parking area. • Signage and pavement markings will help efficiently direct vehicles through the site. • The site plan as proposed is not expected to negatively impact ingress or egress on public streets, nor is traffic expected to increase. 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 use will replace existing parking spaces. However, the site would retain 215 proposed parking spaces, which is above the parking requirement of 189 spaces. • The proposed project will remove two existing tree planters in the parking area. The standards for Landscaping and Tree Requirements Within Parking Areas (14-5A-51) require that every parking space is within 40 feet of a small tree or 60 feet of a large tree. Depending on the size of surrounding trees, it is possible that additional tree islands may be needed to ensure compliance with these standards. Staff will review the landscaping plan during site plan review to ensure compliance. • The Conditional Zoning Agreement requires that any structure with canopies, including the proposed kiosk, shall be of a quality design appropriate for property near residential neighborhoods. The Design Review Committee must review and approve prior to issuance a building permit. • Staff will ensure the site design conforms with all other applicable zoning standards and regulations, including screening, lighting, and signage requirements, during the subsequent site plan review. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. FINDINGS: • The Future Land Use Map of the Comprehensive Plan designates this area as General Commercial, and the Future Land Use Map of the North District Plan designates this area as Retail/Community Commercial. • The Comprehensive Plan supports "encouraging the retention and expansion of existing businesses'. • The current primarily 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 EXC21-0003, to allow a drive -through facility for the property located at 1125 N. Dodge Street, subject to the following conditions: 1. Substantial compliance with site plan dated June 8, 2021. 2. The drive -through lanes shall remain pick-up only. 3. Installation of external loudspeakers or intercom systems is prohibited. 4. Hours of operation are limited from 6:00 am to 9:00 pm weekdays and from 6:00 am to 10:00 pm weekends. 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 10 September 8, 2021 Board of Adjustment Meeting EXC21-0003 ATTACHMENT 1 Location Map Prepared by Staff Ll A 4P September 8, 2021 Board of Adjustment Meeting EXC21-0003 ATTACHMENT 2 Zoning Map Prepared by Staff September 8, 2021 Board of Adjustment Meeting EXC21-0003 ATTACHMENT 3 Correspondence Submitted by the Identified Party �U �E0. �F1LF"Eg °� �r1,1.EQ, vaF.''FEQ. 04 nrI r E 0 RINCI_fE0 W005 August 31, 2021 City of Iowa City Hy-Vee Iowa City # 3 Aisles Online Drive Through Lanes and Kiosk 1125 N Dodge, Iowa City, Iowa RE: Response to City Comments (EXC21-0003) received from Kirk Lehmann 8/24/2021 l . Please update the site plan on case file EXC21-0003 to include the revised site plan approved as part of the recent rezoning (REZ21-0004). The revised and approved site plan has been uploaded to the case file EX21-0003. 2. Tree requirements within parking areas (14-5A-51) will need to be considered to ensure the parking lot remains compliant with City standards after the proposed removal of the two trees; any new trees required should be shown on the site plan. Hy-Vee will revise the site landscape plan as needed during the site review process to ensure compliance with the City standards. 3. Note that the Conditional Zoning Agreement requires that any building or structure including canopies shall be of a quality design appropriate for property abutting a residential neighborhood, including features such as stone and masonry materials, standing seam metal roofs, and muted colors. The design of any buildings as well as associated structures and facilities must be presented to and approved by the Design Review Committee prior to the City issuing a building permit. Noted. 4. Staff is considering a few recommended conditions for approval, including the following: a. Substantial compliance with the site plan. Noted. b. Requiring that the drive-throughs remain pick-up only (and no future installation of external loudspeakers or intercom systems). Noted. c. Hours of operation are limited to 5:00 am to 9:00 pm weekdays and 5:00 am to 10:00 pm weekends. Noted. Prepared by LT Leon Associates, Inc. 500 E Locust Street, Suite 400 IDES MOINES IA 50300 P515.422.7010 www.Itleon.com August 17, 2021 RE: Special Exception for 1125 N. Dodge St. Dear Property Owner: CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356.5009 FAX www.iCg0v.01g The Iowa City Board of Adjustment has received an application submitted by LT Leon Associates requesting a special exception to allow a kiosk and drive -through lanes for online grocery pick-up at Iowa City Hy-Vee ##3 located at 1125 N. Dodge St. (see attached map and site plan). 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 a public meeting tentatively scheduled for September 8, 2021 at 5:15 pm in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City. Because the meeting is subject. to change, you may wish to call 319-356-5230 or check the City of Iowa City's website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration 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@iowa-city.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 Associate Planner City of Iowa City Department of Neighborhood and Development Services Board of Adiustment: Freauently Asked Questions What is the Board of Adjustment? 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. What is a variance? 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. How can I participate in the 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 l2 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 ft 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. 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(1) SSVIO 1SNIA 031NOS3Nd H { .i N I m 1JJ t m— I�10 IC:u�IY 1 .- IU 17 ,Z M— <:s _ sly N IY L•1'�I] to Cp - N Ijj"Z IL + ea pJ10 = .� f0 uY to Hz W-- � fJ — IqJ N H 7 -- >e w U Z° fD � H u CC �. LL m I W Q 3 H Q o 3 A p ca O tl'•9m nilN un;[� lj September 8, 2021 Board of Adjustment Meeting EXC21-0003 ATTACHMENT 4 Special Exception Application Submitted by the Applicant EnerGov EXC21-0003 Project Description: As Hy-Vee anticipates a steady increase in online orders in the coming years, they are requesting approval to install a permanent installation with kiosk, canopy, and drive through lanes for pick- up service in their parking lot. Did you hold a Good Neighbor Meeting? No Has a pre -application meeting been held? No Date of previous application or appeal filed Enter date 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. 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Y� � p L] 3 44 5 E a ® ❑ $ �a€ a� qgg ea w E 5 �a9€�'� GEiggg ui Jill IRwl fi If ORA OypFl5g 11 7My 9MEr LTLEONCIATES•INC March 12, 2021 City of Iowa City Special Exception Hy-Vee Iowa City # 3 Aisles Online Drive Through Lanes and Kiosk 1125 North Dodge Street, Iowa City RE: Specific Criteria (14-4C-2K-3) Access and Circulation: The Hy-Vee Aisles Online will be located in the existing Hy-Vee parking lot directly to the west of the existing Hy- Vee grocery store. Access to the drive through lanes will be facilitated through the existing parking lot ingress and egress mainly off St Clement Street although customers may access off N Dodge St and through the parking lot. Hy-Vee does not anticipate that the drive through lanes will increase the amount of traffic to the store but will replace existing in store shopping trips. Using existing access points means we will not be adding any additional curb cuts or affecting pedestrian safety. The drive through layout allows a queue of cars rather than a pull in configuration which will improve traffic flaw and customer satisfaction. The existing pedestrian routes in the right of way along St Clement St will not be affected. Stacking Spaces and Volume: Hy-Vee has been working on how to better serve their customers with online grocery ordering, delivery, and pickup over the past several years. They were working with order volumes that could be easily accommodated with several dedicated parking stalls prior to the COVID-19 disruption. In a matter of a week, they went from processing 50 to 60 online orders each day to processing hundreds of orders per hour each day. Orders are processed in incremental time slots to control the number of trips coming to the store and has based the car stacking on volume capabilities. Hy-Vee is seeing peak hours between 4 pm and 6 pm as customers pick up their groceries on the way home from work. Typical hours of operation are from 8 am to 10 pm but may be less based on demand at a location. As a result of this information, Hy-Vee is providing 3 lanes in this location with each lane stacking 6 cars, totaling 18 stacking spots. This is more than enough stacking for the volume and Hy-Vee will easily be able to control the number of customers through their incremental time slots. On Site Signage and Pavement Markings: Hy-Vee has created specific branded Aisles Online Post Signage and Directional Pavement Markings that are located to direct traffic to the lanes. In addition to that, the building has signage and a canopy that provides additional wayfinding. The canopy is 752 SF and acts as both a wayfinding device for customers and shelterfrom the elements for Hy-Vee employees as they load vehicles with groceries. Do not enter signs are provided at the exit of the lanes. Location: 500 E Locust Street, Suite 400 DES MOINES IA 50309 P515.422.701E www.Itlean.com • Page 2 March 12, 2021 The Aisles Online drive through has been located away from the store to avoid traffic conflicts along the front of the store and in the parking lot. The location for the drive through aisles is along St Clement Street with the kiosk backing up to the street. This allows the kiosk to assist in buffering the lanes from the residential properties across St Clement Street. Sincethis is already a parking lot, thetransition to drive through lanes and car -oriented uses is not much of a change. The surrounding neighborhood is residential in character and the Aisles Online will fits in well with the neighborhood. The building will buffer the parking lot from the street and the residential area. The existing landscape buffer between the Aisles Online and the street will be maintained, and all trees will be protected. In addition, Hy-Vee is adding additional buffer to minimize impact. Design Standards: (1) The drive through lanes will be constructed on existing parking lot and will not be detrimental to the neighboring properties through careful location of the new kiosk and the additional landscape buffering. The change from a car -oriented parking lot to a car -oriented drive through queue does not alterthe design quality of the site. Pedestrian access along St Clement Street is maintained. (2) The landscape S2 buffer that exists along St Clement Street will be maintained and increased in width to effectively screen the drive through as it now screens the parking lot. The building is located such that it will also buffer the drive through lanes from the residential area. (3) Hy-Vee has incremental time slots which helps them plan orders and staffing and reduces idling time for cars along with being able to serve their customers quickly and efficiently. (4) The drive through is incorporated into the existing parking lot and while it does change the flow of traffic slightly, it fits into the overall vehicle circulation and pedestrian circulation of the site as it exists. The main difference is the one-way flow of traffic from the East to the West through the drive through lanes. (5) Lighting is confined to the canopy lights and the specifications and photometric plan have been included in the drawings. It has been designed not to trespass and glare onto neighboring properties. (6) NA (7) There are no loudspeakers or intercom systems in this project. Prepared by LT Leon Associates, Inc. LTLEONCIATES•INC March 12, 2021 City of Iowa City Special Exception Hy-Vee Iowa City # 3 Aisles Online Drive Through Lanes and Kiosk 1125 North Dodge Street, Iowa City RE: 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 exception to allow drive through lanes will not endanger public health, safety, comfort, or general welfare. The project protects the pedestrian access and pedestrian safety through material and wayfinding. Hy-Vee does not anticipate that the drive through lanes will increase the amount of traffic to the store but will replace existing in store shopping trips. Using existing access points means we will not be adding any additional curb cuts or affecting pedestrian safety. The drive through layout allows a queue of cars rather than a pull in configuration which will improve traffic flow and customer satisfaction. The existing pedestrian sidewalk to the north of the Aisles Online project will remain. 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 surrounding neighborhood is residential in character. The existing landscape buffer between the Aisles Online and the street will be maintained, and all trees will be protected. Additional landscaping will be added to help buffer the uses and the kiosk is located such that it will effectively block the Aisles Online drive through lanes. The change of use from a parking lot that is car -oriented to a drive through queue that is car -oriented is minor and does not affect the design quality of the site. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. Hy-Vee does not anticipate that the drive through lanes will increase the amount of traffic to the store. Additionally, Hy-Vee can control the volume through their incremental time slots. The development of the Aisles Online drive through is commercial in nature and consistent with the surrounding land uses. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. The Aisles Online kiosk only requires electrical utilities which is being provided. Additional access roads are not needed as the facility uses existing parking lot access points. Impervious surface remains nearly identical to 500 E Locust Street, Suite 400 DES MOINES IA 50309 P515.422.701E www.Itleon.com • Page 2 March 12, 2021 before and the existing drainage patterns and storm sewer facilities will remain the same and will contain the same volume of stormwater as the previous configuration. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Orders are processed in incremental time slots to control the number of trips coming to the store and has based the car stacking on volume capabilities. Hy-Vee is seeing peak hours between 4 pm and 6 pm as customers pick up their groceries on the way home from work. Typical hours of operation are from 8 am to 10 pm but may be less based on demand at a location. As a result of this information, Hy-Vee is providing 3 lanes in this location with each lane stacking 6 cars, totaling 18 stacking spots. This is more than enough stacking for the volume and Hy-Vee will easily be able to control the amount of customers through their incremental time slots. 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. The project will conform to all of the applicable regulations or standards of the commercial zone in which it is located. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. The Future Land Use Map shows this property as General Commercial. As it is already in a commercial use, a commercial grocery drive through is compatible with that use. This project "encourages compact, efficient development' since it is not building more pavement in addition to the parking lot but replacing existing parking lot with a more efficient use. It is furthering commercial development in a "defined commercial node" and is appropriate for the Land Use and "compatible and complementary to the surrounding neighborhood". Prepared by LT Leon Associates, Inc. ` | . . � a��■ �oWIND gym ,�a� 2 g|§ �,| , . #2 G� < : � {{ �w ); : # 4 E> §) � ( _ \ / ` / ;. \ k | ` g - g Q Is 111111 ;> x x ,n ,s is w \\ } 2 111111 \ 2 )i < : : !! k§ s ® � - 0 9 y \ y 6 \. S > 2 j � 7 ° )§ § d » ## + +$ ®�a. in.�wi�:waa xvMM 33n nN Dees I1Mg3xnx�0 ,53151v ®n2Di NI1 N YNa� M 0�'l yg R 5 � 0 c� J W O 0 0 W a z n ¢ a zQ rc rc Z U 5w CO T �o U El ❑ N 7 = CD ❑ N W =U (7 W 7H 1 J Z ¢U o T 1 z I T g CO V w J J ® j H N O I N F F- qOw N ~ w �0a/ wi CN 0 �rc z w O L�000 z �~ o W F Z rc bzW i ama J Z> J O O 0 m i N j 0 N �mfb dft- Catalog #: IL - Prepared By: Date: 14 Scottsdale'R' Legacy (CRUS) LED Canopy Luminaire E °� �s IP66 ix"TME',ly LI51k0 Lumen Package 5,000 - 22,000 Wattage Range 38 -152 Efficacy Range (LPW) 114 -156 Weight lbs(kg) 23 (10.4) FEATURES & SPECIFICATIONS Construction • Features a ultra -slim 11/16" profile die-cast housing, with flat clear tempered glass lens. Unit is water-resistant, sealed and IP66 rated. Integral designed heat sink does not trap dirt and grime, ensuring cool running performance over the life of the fixture. • Standard color is white and is finished with LSI's DuraGrip' polyester powder coat process. DuraGrip withstands extreme weather changes without cracking or peeling. • Luminaire assembly incorporates a pressure stabilizing vent breather to prevent seal fatigue and failure. Optical System • Features an array of select, mid -power, high brightness, high efficiency LED; 3000K, 4000K, 5000K color temperature, 80 CRI (nominal). • Choice of Symmetric or Asymmetric distribution. Asymmetric provides a wider distribution pattern. • Six Lumen Packages: 5,000, 9,000. 10,000, 13,000, 18,000 and 22,000 Lumens. Electrical High performance factory programmable driver features over -voltage, under voltage, short-circuit and over temperature protection with integral 6kV surge protection that meets IEEE C62.41.2 and ANSI C82.77-5 Location Category C Low standards. Custom lumen and wattage packages available. • Additional field replaceable 10kV surge protection device that meets a minimum QUICK LINKS Ordering Guide Performance Category C Low operation (per ANSI/IEEE C62.41.2) is standard. • Driver components are fully encased in potting for moisture resistance. Complies with IEC and FCC standards. 0-10 V dimming supplied standard with all drive currents. Project: • Die-cast aluminum, wet location rated driver/electrical enclosure is elevated above canopy deck to prevent water entry, provide easy "knock -out" connection of primary wiring and acts as the primary heatsink ensuring cool operation of internal components for longer life. Seals to optical housing via one-piece molded silicone gasket. • Universal voltage power supply, 120-277 VAC, 50/60 HZ and 347-480 VAC, 50/60 HZ input. • -400C to 55°C (-40°F to 131°F) ambient operating temperature. (Varies based on lumen package and mounting style see performance data for specifics.) • Minimum 60,000 to 100,000 hours depending upon the ambient temperature of the installation location (see performance data for specifics.) Hazardous Location • Designed for lighter than air fuel applications. Product is suitable for Class 1 Divisions 2 only when properly installed per LSI installation instructions. See Isicorp.com for specific guidance. Not available on SLW. Installation • One -person installation. • Installs in a 12" or 16" deck pan. Deck Type: Photometrics Dimensions penetration consists of a 4" hole, simplifying installation and water sealing. Unit is designed to quickly retrofit into existing Scottsdale (4") hole as well as openings for Encore and Encore Top Access and to reconnect wiring for the SC/ECTA without having to relocate the conduit. • Retro panels are available for existing Encores as well as kits for recessed and 2x2 installations (see separate spec sheets). Support brackets are provided standard, to prevent sagging of deck. Warranty • LSI LED fixtures carry a 5-year warranty (contact your LSI representative for extended warranty options.) Listings • UL and ETL listed to UL 1598, UL 8750 and other U.S. and International safety standards. Suitable for wet locations. • Designi-ights Consortium® (DLC) qualified product. Not all versions of this product may be DLC qualified. Please check the DLC Qualified Products List at www.designlights. org/QPL to confirm which versions are qualified. • Meets Buy American Act requirements. • IDA compliant with 3000K or lower color temperature. 1ALSI Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.Isicorp.com Page 1/4 Rev. 10/19/20 (513) 372-3200 • ©2020 LSI Industries Inc. All Rights Reserved. Specifications subject to change without notice. 9PEC.1020.A.0420 Type: Scottsdale° Legacy LED Canopy Luminaire (CRUS) ORDERING GUIDE Back to Duck Links ICAL ORDER EXAMPLE: CRUS SC LED SS 50 UE WHT Prefix Distribution Light Source Drive Current Color Temp Input Voltage Finish Options CRUS - LED Canopy SC - Symmetric LED SLW - Super Low Watt 50-5,000K LIE - Universal WHT - White HL'- Hazardous Location Luminaire AC' - Asymmetric VLW-Very Low Watt 40-4,000K Voltage (120 - 277V) BRZ- Bronze LW -Low Watt 30-3,000K BLK - Black SS - Super Saver HV - High Voltage HO - High Output 347-480V VHO - Very High Output Custom Lumen Packages° FOOTNOTES: 1. AC distribution utilizes a reflector which alters the look from a standard SC distribution. 3. Custom lumen and wattage packages available consult factory. Values are within industry standard toler- 2. Not available on SLW. antes but not DLC listed. Accessory Ordering Information (Accessories are field installed) Description Order Number Description Order Number Record Panels - EC/ECTA/ SCF to CRUS, for 16"Deck Panel 525946 Retrofit RIC Cover Panel Blank (no holes) 354702 Betrom Panels -ECTA/ SCF to CRUS, for 12"Deck Panel 530281 Kit- Hole Plugs and Silicone (enough for 25 retrofits)' 1320540 Rutrom 2x2 Cover Panel Blank (no holes) 357282 PERFORMANCE 1- Consists of (25) 718"hole plugs.(1 DO)WIT hole plugs and tube of RTV Rack to Quick Links DELIVERED LUMENS 30MK OCT 4000K OCT 5WOK CCr Lumen Package Distribution Delivered Lumen Emnry BUG Rating Delivered Lumens Efficacy BUG Rating Delivered Lumens Efficacy BUG Rating Wattage SC 21301 140 B4-UO-G2 21835 144 114-1.0-132 22697 15D 114-1.0-132 VHO AC 17355 114 93-1.0-0 17799 117 B3-UD-G3 18502 122 B3-UD-G3 152 SC 17889 143 B3-UO-G1 18346 146 B3-1.0-132 19071 152 94-1.0-132 HO AC 14582 116 83-1.0-132 14955 119 B3-1.0-02 15546 124 B3-1.0-02 125 SC 13113 141 B3-U0-G1 13449 1" B3-UO-G1 13980 150 B3-UD-G1 SS AC 11468 123 93-1.0-132 11761 126 B3-U0-G2 12226 131 B3-UD-G2 93 SC 10457 144 93-UO-G1 10724 148 B3-UO-G1 11148 154 93-1.0-131 Lw AC 9145 126 132-1.0-02 9379 129 132-1.0-02 9749 134 B2-1.0-02 73 SC 8793 146 B3-UO-G1 9008 149 B3-U0-G1 9364 155 B3-UO-G1 V W AC 7681 127 B2-UO-GI 7878 131 B2-UOit1 8189 136 B2-UO-G1 60 SC 5585 146 112-1.0-131 5728 150 B2-UD-G1 5954 156 B2-UD-G1 SLW AC 4881 128 B1-UO-01 1 5009 131 1 81-W-G1 5207 136 B1-UO-G1 38 'LEDs are frequently updated therefore values are nominal. ELECTRICAL DATA (AMPS) Lumen Lumen Package Wattage 120V 201V zm 277V 347Y 4BOV VHO 152 1.27 0.73 0.64 0.55 0.44 0.32 HO 124 1.03 0.6 0.52 0.45 0.36 0.26 SS 92 0.77 0.44 0.38 0.33 0.27 0.19 LW 72 as 0.35 0.3 0.26 0.21 D.15 VLW 60 0.5 0.29 0.25 0.22 0.17 0.13 SLW 38 0.32 0.18 0.16 0.14 0.11 any 'Electrical data at 25C (77F). Actual wattage may differ by+/-10x. OPERATING TEMPERATURE LUMEM ffi a MOUMIIMO Lin VHO MMIAVood Canopy 45C HO MetaVWood Canopy 45C SS MstaViNood Canopy 55 C Recommended Lumen Maintenance' CRUS VHO Ambient Temp Initial r 251, hrr 501, hrr 751, he 101ek' 0 C 102% 97% 92% 88% 84% 10 C 102% 97% 92% 88% 84% 20C 102% 97% 92% 88% 84% 25 C 102% 97% 92% 88% 94% 30 C 102% 97% 92% 88% 84% 40C 101% 95% go% 85% 80% so 101% 94% 89% 83% 78% Recommended Lumen Maintenance' CRUS SS Ambient Temp Initial 251, hrr Sac hrr 751, bur ' lMhF' 0 C 102% 97% 92% 88% 84% 10 C 102% 97% 92% 88% 94% 20 C 102% 97% 92% 88% 84% 25 C 102% 97% 92% 88% 84% 30 C 102% 97% 92% 88% 84% 40 C 102% 97% 92% 88% 84% 50C 101% 95% 91% 96% 82% FOOTNOTES: time durations that are within six times (6X) the IESNA LM-80-08 total test duration (in hours) for the 1- Lumen maintenance values at 25-C are calculated per TM-21 based on LM-80 data and in -situ device under testing (DUT) i.e. the packaged! LED). luminaire testing. 3 - In accordance with IESNA TM-21-11, Calculated Values represent time durations that exceed six times 2 - In accordance with IESNA TM-21-11, Projected Values represent interpolated value based on NA 1_14-8P08 total test duration (in hours) for the device under testing (DUT) i.e. the Packaged LED). fit LSI Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.Isicorp.com Page 2/4 Rev. 10/19/20 TW (513) 372-3200 • ©2020 LSI Industries Inc. All Rights Reserved. Specifications subject to change without notice. SPEC.1020.A.0420 Type: Scottsdale' Legacy LED Canopy Luminaire (CRUS) PHOTOMETRICS Back to Quick Links Luminaire photometry has been conducted by an accredited testing laboratory in accordance with IESNA LM-79-08. As specified by IESNA LM-79-08 the entire luminaire is tested as the source resulting in a luminaire efficiency of 100%. See http,//www.isi-industries.com/products/led-lighting-solutions.aspx for detailed photometric data. CRUS-SC-SS-50 LUMINAIRE DATA ISO FOOTCANDLE POLAR CURVE Type 5 Distribution Description 5000 Kelvin, 80 CRI Delivered Lumens 13,980 Watts 93 Efficacy 150 IES Type Type VS - Very Short BUG Rating B3-U0-GI Zonal Lumen Summary Zone Lumens %Luminaire Low (0-30°) 3654.2 26% Medium (30-60°) 7541.2 54% High (60-80°) 2641.4 19% Very High (80-90°) 143.2 1% Uplight (9D-180°) 0 0% Total Flux 13980 100% CRUS-SC-SS-50 LUMINAIRE DATA Type 3 Distribution Description 5000 Kelvin, 80 CRI Delivered Lumens 12,226 Watts 93 Efficacy 131 IES Type Type III, Very Short BUG Rating B3-UD-G2 Zonal Lumen Summary Zone Lumens %Luminaire Low (0-30°) 3240.3 27% Medium(30-60°) 6245.5 51% High(60-80°) 2594.6 21% Very High (80-90") 146.1 1% Uplight (90-180°) 0 0% Total Flux 12227 100% 15' Mounting Height/15' Grid Spacing 05 FC 02 FC ■ 1 FC .5 FC ISO FOOTCANDLE 15' Mounting Height/15' Grid Spacing ■5 FC 02 FC ■ 1 FC .5 FC POLAR CURVE L51 Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.Isicorp.com Page 3/4 Rev. 10/19/20 (513) 372-3200 • ©2020 LSI Industries Inc. All Rights Reserved. Specifications subject to change without notice. SPEC.1020.A.0420 PRODUCT DIMENSIONS 16 (27 mm) Scottsdale° Legacy LED Canopy Luminaire (CRUS) 15 Will" (399 mm) 16" 1m) 151116" (399 mm) 1.51 Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.Isicorp.com Page 4/4 Rev. 10/19/20 (513) 372-3200 • ©2020 LSI Industries Inc. All Rights Reserved. Specifications subject to change without notice. 9PEC.1020.A.0420 LEGAL DESCRIPTION: I:To] IR16117_11DID] I1[9P1tole I September 8, 2021 Board of Adjustment Meeting EXC21-0004 ITEM 4C ON THE AGENDA Staff Report Prepared by Staff STAFF REPORT To: Board of Adjustment Prepared by: Kirk Lehmann, Associate Planner Item: EXC21-0004 Date: September 8, 2021 Parcel Number: 1015460004 GENERAL INFORMATION: Applicant: John Brehm Hy-Vee, Inc. 5820 Westown Parkway West Des Moines, IA 50266 jbrehm@hy-vee.com Contact Person: Rachel Harris LT Leon Associates 500 E. Locust Ave, Suite 400 Des Moines, IA 50309 515-250-8188 rharris@ltleon.com; Ileon@ltleon.com Property Owner(s): Requested Action: Purpose: Location: Location Map: Hy-Vee, Inc. 5820 Westown Parkway West Des Moines, IA 50266 Special Exception to allow an accessory drive -through facility in a Community Commercial (CC-2) zone To allow construction of an addition and drive -through lanes for online grocery pick-up 1720 Waterfront Dr. Z .3. 1 Size: Existing Land Use and Zoning: Surrounding Land Use and Zoning Applicable Code Sections: File Date: BACKGROUND: 8.60 Acres Commercial; Community Commercial (CC-2) North: Commercial; Community Commercial (CC-2) East: Commercial; Community Commercial (CC-2) South: Commercial; Intensive Commercial (CI-1) West: Commercial; Community Commercial (CC-2) and Intensive Commercial (CI-1) 14-46-3A: General Approval Criteria 144C-2K-3: Drive Through Facilities March 12, 2020 LT Leon Associates, on behalf of Hy-Vee, Inc., submitted a special exception request for a drive - through facility associated with their Hy-Vee Aisles Online pick-up program for the subject property at 1720 Waterfront Drive. The property is zoned Community Commercial (CC-2), which allows drive - through facilities by special exception. An approximately 96,000 square foot grocery store is located on the south side of the site with parking to the north. The store was initially built in 1996 and was expanded in 2010. In total, the lot is approximately 8.6 acres. The use is surrounded by a variety of commercial uses, including some intensive commercial uses. Vehicular access for the site is provided from three access points on Boyrum Street to the east and three access points from Waterfront Drive to the west. Two east -west internal drives which are connected by north -south parking aisles provide circulation through and across the property. Another two north -south parking aisles are located east of the building, and they connect to the southern -most Boyrum Street access point. The loading area is located west of the building. Pedestrian access is provided from two access points along Boyrum Street and one access point along Waterfront Drive, both of which connect to the pedestrian area north of the building. The pedestrian route is generally demarcated by bollards along the building and by colored pavement where it crosses vehicular drives. The proposed accessory drive -through facility would replace the existing parking aisle directly east of the building. The site plan (Attachment 4) shows four drive -through lanes and an Aisles Online addition to the building. The one-way entry to the drive -through lanes would be from the north, through an internal drive. The lanes are proposed to exit south, which would allow egress onto Boyrum Street. The drive -through facility is proposed to be pick-up only with no order boards or intercom systems. The plan does not affect pedestrian facilities, but it would include the construction of a new landscaped median. 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-2K-3, pertaining to special exceptions to allow drive through facilities in a CC-2 zone, as well as the general approval criteria in Section 14-413-3A. 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 are set forth below. Specific Standards 14-4C-2K-3: Drive Through Facilities a. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive -through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria: (1) Wherever possible and practical, drive -through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive -through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. FINDINGS: • The property has three vehicular access points from Boyrum Street to the east and three from Waterfront Drive to the west, which are connected by two east - west internal drives and north -south parking aisles. Both streets are classified as local streets. • The proposed drive -through lanes are accessed from the internal cross access drive directly north of the building and exit into the southern -most internal access drive. The facility cannot be accessed directly from a street. • The drive -through lanes have a one-way access point from north to south. (2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. FINDINGS: • No changes to curb cuts or existing pedestrian routes are being proposed as part of the project. The existing pedestrian route is demarcated with colored pavement where it crosses the parking aisles. Crossings are approximately 25 to 35 feet long. • The pedestrian path will cross the drive -through facility but is already demarcated which promotes safe pedestrian movement, and no new conflicts are created. • The Aisles Online addition includes an employee access route through the store, and the pedestrian route directly east of the building will be retained. Additional painted areas will provide access from the addition to individual cars to facilitate safety while orders are loaded (3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive -through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive -through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering). FINDINGS: • The site plan shows 4 drive -through lanes, each with 5 stacking spaces, for a total of 20 vehicles. The drive -through facility is for pick-up only, not ordering, so staff believes this is adequate due to the unique characteristics of the use. • Peak hours are estimated from 4:00 pm to 6:00 pm, Monday through Friday. • The drive -through lanes are far enough from the access drive to accommodate limited spillover traffic and to minimize traffic safety impacts. • Staff recommends substantial compliance with the site plan be a condition of approval to ensure that traffic safety is not compromised. (4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. FINDINGS: • The site plan indicates directional arrows at all access points to the drive -through facility and in the drive -through lanes. • Signage to direct vehicles to the drive -through are located at the entrance to the access drive, and a do not enter sign is located at the exit. • Pavement markings denote drive -through lanes and loading areas, and a landscaped planter separates the drive -through lanes from the parking aisle. • All pedestrian crossings are demarcated with colored concrete, which helps ensure safe pedestrian movement. b. Location: (1) In the CB-2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive -through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. FINDINGS: • The drive -through lanes are on the Boyrum Street -facing fagade of the building. This location is preferable for the overall safety and efficiency of the site because the proposed facility utilizes the existing building fagade. • The street -facing location does not affect pedestrian access. • The neighborhood is commercial, and the drive -through facility will replace existing car -oriented uses and will enhance existing landscaping. As a result, the location will not conflict with adjacent uses or the character of the neighborhood. • To ensure a consistent viewshed for the streetscape, staff recommends that the new Aisles Online addition must harmonize with existing buildings as it relates to materials, colors, textures, lines, and masses, to be reviewed with the site plan. (2) Drive -through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. FINDINGS: • Drive -through lanes are approximately 100 feet from the Boyrum Street right-of- way and will be screened by existing landscaping to the S2 standard and by trees planted in a new 16-foot landscape planter that is part of the project. • A landscape plan will be submitted as part of the site plan review. c. Design Standards: The number of drive -through lanes, stacking spaces, and paved area necessary for the drive -through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. (1) To promote compatibility with surrounding development, the number of drive - through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. FINDINGS: • The proposed facility is east of the building in the southeast corner of the site, which is across Boyrum Street from commercial uses. • The site plan shows four 10- to 12-foot-wide drive -through lanes, partially under an awning, with an addition to the west of the lanes. • Nearly all proposed paving replaces existing paving. • S2 screening is required between the drive -through lanes and the Boyrum Street right-of-way. Existing trees and landscaping along Boyrum Street will be retained, and additional trees will be planted in a new 16-foot wide landscaping median. • The existing pedestrian pathway delineated with colored pavement will be retained from Boyrum Street to the store entrance as part of the project. The pedestrian walkway crosses where cars will turn to enter the drive -through lanes, which will require cars to yield and will maintain pedestrian safety. • The proposed improvements will help maintain the safety of those utilizing the walkways and will not diminish the design quality of the streetscape or the pedestrian environment. (2) Drive -through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive -through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented character of streets in the CB-2 zone and the riverfront crossings district, the board may require the drive -through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (T) in height and shall be designed to complement the principal building on the site. FINDINGS: • Existing landscaping along Boyrum Street will be retained at the S2 standard, and additional landscaping will be provided between the proposed drive -through facility and street. • The drive -through facility is not adjacent to residential uses. (3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. FINDINGS: • The drive -through facility is proposed for pick-up only. • Incremental time slots for customers are used to help plan orders and reduce idling on the site. • Employees load customers' cars, so while doors are included in the fagade of the kiosk, no service windows are provided. (4) Stacking spaces, driveways, and drive -through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. FINDINGS: • No new vehicular and pedestrian conflicts are created by the proposed drive - through facility, except for demarcated areas where employees will load vehicles. • The landscape median will reduce potential vehicular conflicts. • Recommended conditions will help integrate the proposed use into the surrounding landscape and streetscape design. • The neighborhood is commercial in nature, and the proposed facility will be similar to the current parking spaces on the site as both are auto -oriented uses. (5) Lighting for the drive -through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. FINDINGS: • A photometric plan was submitted as part of the application. • Staff shall review any new lighting for the site in compliance with current code standards as part of the site plan review process. 6) (Repealed by Ordinance No. 16-4685 on 11-15-2016) 7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. FINDINGS: • No loudspeakers or intercom systems are part of this project. • Staff recommends a condition that no external loudspeakers or intercom systems be installed in the future to mitigate potential future issues associated with noise. 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 drive -through facility is not expected to increase vehicular traffic to the site, as it is anticipated that drive -through trips will primarily replace in-store trips. • Vehicular circulation and access are adequate to accommodate drive -through traffic as long as they conform to the site plan as submitted. • To ensure a smooth flow of traffic, staff recommends a condition that drive -through lanes remain pick-up only. • No new vehicular and pedestrian conflicts are created by the proposed stacking spaces and driveways, except for areas where employees will load vehicles. • Pavement markings and signage are sufficient to ensure safe traffic flows. 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: • Screening to the east will mitigate impacts to the streetscape and adjacent properties. • The proposed uses and development are compatible with those of nearby properties. • Conditions as recommended help ensure a consistent building appearance. • No loudspeakers or intercom systems are part of this project. 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 commercial and intensive commercial uses. • Future redevelopment and improvement of adjacent properties will not be affected. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • Sufficient utilities, access roads, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Pedestrian access will be maintained between the right-of-way and subject property. • Proposed internal circulation is sufficient for vehicular and pedestrian access. • The project will include removing an existing storm sewer line and rerouting the roof drains. Staff will ensure compliance with all applicable standards during site plan and building permit review. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • There is adequate space for 20 vehicles to stack in the drive -through lanes with limited space for overflow. • The proposed drive -through lanes are accessed from internal drives and will likely exit onto Boyrum Street. • Signage and pavement markings will help efficiently direct vehicles through the site. • The site plan as proposed is not expected to negatively impact ingress or egress on public streets, nor is traffic expected to increase. 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 use will replace existing parking spaces. However, the site would retain 455 proposed parking spaces, which is above the parking requirement of 329 spaces. Staff will ensure the site design conforms with all applicable zoning standards and regulations, including screening, signage and lighting requirements, during the site plan review. 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 as General Commercial, and the Future Land Use Map of the South District Plan designates this area as Commercial. • The Comprehensive Plan supports "encouraging the retention and expansion of existing businesses". • The current primarily 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 EXC21-0004, to allow a drive through facility for the property located at 1720 Waterfront Drive, subject to the following conditions: 1. Substantial compliance with the site plan dated August 20, 2021. 2. The drive -through lanes shall remain pick-up only. 3. Installation of external loudspeakers or intercom systems is prohibited. 4. The new building addition must harmonize with existing buildings on the site as it relates to building materials, colors, textures, lines, and masses, as determined by the Development Services Coordinator during site plan review. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Correspondence 4. Application Materials Approved by: ' ) • t+-I Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services September 8, 2021 Board of Adjustment Meeting EXC21-0004 ATTACHMENT 1 Location Map Prepared by Staff u t � ! I 4 ti I F 4 km c Oi * It September 8, 2021 Board of Adjustment Meeting EXC21-0004 ATTACHMENT 2 Zoning Map Prepared by Staff September 8, 2021 Board of Adjustment Meeting EXC21-0004 ATTACHMENT 3 Correspondence Submitted by the Identified Party F0_FITE0 IM]UTHAN August 31, 2021 City of Iowa City Hy-Vee Iowa City q 1 Aisles Online Drive Through Lanes and Kiosk 1720 Waterfront Drive, Iowa City, Iowa RE: Response to City Comments (EXC21-0004) received from Kirk Lehmann 8/24/2021 Can you please describe the materials, colors, textures, lines, and massing, that will be used for the expected addition for the Aisles Online kiosk? Architect's Response (SVPA): The new addition will be constructed of brick matching the existing building, with matching darker brick piers at corners. Matching stone banding at wainscot height may be added to blend further with existing. All metal trim including downspouts, coping, and canopy will be dark gray to not detract from the prevailing cornice roofline and standing seam awnings. The canopy will be painted metal columns with aluminum fascia panels, all in dark gray. 1. Staff is considering a few recommended conditions for approval, including the following: a. Substantial compliance with the site plan. Noted. b. Requiring that the drive-throughs remain pick-up only (and no future installation of external loudspeakers or intercom systems). Noted. c. Requiring that any new additions harmonize with the existing building as it relates to building materials, colors, textures, lines, and massing, to be approved during site plan review. Noted, see architect's response. Prepared by LT Leon Associates, Inc. 500 E Locust Street, Suite 400 DES MOINES IA 50300 P515.422.7016 www.Itleon.com + "�itl111®�C�� August 17, 2021 CITY OF IOWA CITY 410 East Washington Street RE: Special Exception for 1720 Waterfront Drive Iowa City, Iowa 52240- 1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org Dear Property Owner: The Iowa City Board of Adjustment has received an application submitted by LT Leon Associates requesting a special exception to allow a kiosk and drive -through lanes for online grocery pick-up at Iowa City Hy-Vee #1 located at 1720 Waterfront Dr. (see attached map and site plan). 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 a public meeting tentatively scheduled for September 8, 2021 at 5:15 pm in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City. Because the meeting is subject to change, you may wish to call 319-356-5230 or check the City of Iowa City's website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration 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@iowa-city.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 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 a -mail kirk-lehmann@iowa- cit .or . o _ 4ij �3 I U e ' k�ls Cif g RAF � � i pp i2i° 1111111 d i�e Y � i Yp .YEp Si RR ippppsi Y ?gg phi Y v � l� n a 19z t 5 9MG 1NON=11A2iVM OM 3NI1NO S31SI`d 6# A110 `dMO1 pig I�� �[y� W p��9 Him ieDeis nnukoe E- a� w= so4� qq s yy N R Sv€S 5eb 4p�y @asa$$$' pOz$�s g�b�sy� EYy��ggyg9 Y'��i6���g _Q s g� 9 in! v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p N N N N N N N N N N N N N N N N N N N N N N U N N N N N N N N N N N N N N N N N N N N N N a m m m m m m m m N }}}} yy yy yy yy yy rr yy yy yy yy}} yy yy yy yy yy yy ¢ a a a a a a a a a¢ a a¢ a¢ a a a¢ a a r 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 o o O o 0 0 0 0 0 0 o O o 0 o O o O o O o 0 > o m m z o o m >> p 0 w 0> > O w m m r r > r m m r> r 0 0 o O H z O M �+ M z o M m H O 0 r 0 `^ O u+ 0)u 0 0 m O m a O r} m O u O z m a Zw J O O 3 Om wr 3 Om O r O�n 0x 0�n ao oJx yJ oo m w O orO x x w � m 0 m O mC M O O M M W M Ol M Ol M 3 m N I, n '-I m .ti V V O 0) m 0) v e o 0 o n W 0 0 0 0 0 n m o m o w .� o V N Np N M N N N N N N N N N N N N U N N N N N N N N N N N N O N N N n N N d M N M V1 V M N M M N M N M� N M Vf Vf Vf t0 N Vf N O O 00 � N N M � Q Q W a Z N a o a a a W a a a a a a a a a o a a a a s >} >} > r Q < m m V V U w U U U U J U V U J x o U U U r u - a a a a m a a a a a a a a Q r r a a a x a a 2wu000�000000000z300030o m 0 O yr ^ o W J O W 3 W w r N r m r n > Y Z> z r Vl Z W 3 Q 1 W VI N 3 Q rh h O> rl I/1 W m Z 0 Z Ir/1 0 W W 3 Y z o > tp W N a N d' 2 r z K d' V~1 rl ° g g m u 3 0 Q Q J0 co > a m M" a r M T T V1 M y�j Q a> p� 0 7 w 0 3 3 a O m o r F m m 0 0 3 0 o m z m o m x x m 3 x m a �n n 0 io m m 0 0 o n o r-I r-I 01 .-I r-I 01 M O IA m N M N 3: V N M 1O o o O m o o O m m o m oo m 0 0 00 et w a rn .. w F 3 a o > O w z cc w rn ma > J z 'r J Z = V W z 3 m a o w 0 U J r V 14 w V H vwi w w N O Q Y O u 2 m z r w W Z r J 7 r Y �n O J z O W w O a M w a m J w 7 E o7i W z z a W m w Y j U F 3 0 w 0 o o o J a 0 0 3 w z 0 w w x w a Q N a a Q z a p a Z MU O r x a a x u w w V mO ¢ Y x w 0 '�^ Z m m m O w 3 V j Q v vaYi CO 3 2> m z Q September 8, 2021 Board of Adjustment Meeting EXC21-0004 ATTACHMENT 4 Special Exception Application Submitted by the Applicant '•' EnerGov EXC21-0004 Project Description: As Hy-Vee anticipates a steady increase in online orders in the coming years, they are requesting approval to install a permanent installation for pick-up service in their parking lot. This consist of a kiosk, canopy, and drive through lanes. Did you hold a Good Neighbor Meeting? No Has a pre -application meeting been held? No Date of previous application or appeal fled Este, Cat= 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. 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RRy(y 5s �E O �S m bR 8 N 3nli101NOa=1a31tlMOZCI �a In 3NI-1NO S3—ISIV t# AiIO VMO J $ Q3L! 00y;8 �3� a ❑E$ $ $ ( ill 0; $$s cb99 $ 8 tad „... w "lilt r\ , dEll I'll $ a � � o �ED O o e fi 7 a<da ppp a y pipi g qe g� s °q �f fEE E a LTLEONCIATES•INC August 20, 2021 City of Iowa City Special Exception Hy-Vee Iowa City #1 Aisles Online Drive Through Lanes and Kiosk 1720 Waterfront Ave, Iowa City RE: Specific Criteria (14-4C-2K-3) Access and Circulation: The Hy-Vee Aisles Online will be located in the existing Hy-Vee parking lot directly to the east of the existing Hy- Vee grocery store. Access to the drive through lanes will be facilitated through the existing parking lot ingress and egress mainly off Boyrum Street although customers may access off Waterfront Drive and through the parking lot. Hy-Vee does not anticipate that the drive through lanes will increase the amount of traffic to the store but will replace existing in store shopping trips. Using existing access points means we will not be adding any additional curb cuts or affecting pedestrian safety. The drive through layout allows a queue of cars rather than a pull in configuration which will improve traffic flow and customer satisfaction. The existing pedestrian route on the north end of the proposed Aisles Online will be maintained in its current configuration which delineates a safe, accessible walking path. Stacking Spaces and Volume: Hy-Vee has been working on how to better serve their customers with online grocery ordering, delivery, and pickup over the past several years. They were working with order volumes that could be easily accommodated with several dedicated parking stalls prior to the COVID-19 disruption. In a matter of a week, they went from processing 50 to 60 online orders each day to processing hundreds of orders per hour each day. Orders are processed in incremental time slots to control the number of trips coming to the store and has based the car stacking on volume capabilities. Hy-Vee is seeing peak hours between 4 pm and 6 pm as customers pick up their groceries on the way home from work. Typical hours of operation are from 8 am to 10 pm but may be less based on demand at a location. As a result of this information, Hy-Vee is providing 4 lanes in this location with each lane stacking 5 cars, totaling 20 stacking spots. This is more than enough stacking for the volume and Hy-Vee will easily be able to control the number of customers through their incremental time slots. On Site Signage and Pavement Markings: Hy-Vee has created specific branded Aisles Online Post Signage and Directional Pavement Markings that are located to direct traffic to the lanes. In addition to that, the building has signage and a canopy that provides additional wayfinding. The canopy is 896 SF and acts as both a wayfinding device for customers and shelterfrom the elements for Hy-Vee employees as they load vehicles with groceries. 500 E Locust Street, Suite 400 DES MOINES IA 50309 P515.422.701E www.Itlean.com • Page 2 August 20, 2021 Location: The Aisles Online drive through has been located away from the store to avoid traffic conflicts along the front of the store and in the parking lot. The Aisles Online is located on the East side of the lot and the East side of the grocery store. This location for the drive through aisles is along Boyrum Street with the kiosk facing the street. This allows better wayfinding as customers can easily see the lanes as they are driving up to the store. Since this is already a parking lot, the transition to drive through lanes and car -oriented uses is not much of a change. The surrounding neighborhood is commercial in character and the Aisles Online fits in well with the neighborhood. Across the street is a Penske Truck Rental store with trailers and trucks parked in the lot. The existing landscape buffer between the Aisles Online and the street will be maintained, and all trees will be protected. Design Standards: (1) The drive through lanes will be constructed on existing parking lot and will not be detrimental to the neighboring properties which consist of commercial uses as mentioned above. The change from a car - oriented parking lot to a car -oriented drive through queue does not alter the design quality of the site. Pedestrian access along the North and along Boyrum are maintained. The pedestrian access along the North is maintained as a safe and accessible route. (2) The landscape S2 buffer that exists along Boyrum will be maintained and will effectively screen the drive through as it now screens the parking lot. The median to the East of the new Aisles Online lanes and kiosk will be landscaped with shade trees as well, providing additional screening and greenery. (3) Hy-Vee has incremental time slots which helps them plan orders and staffing and reduces idling time for cars along with being able to serve their customers quickly and efficiently. (4) The drive through is incorporated into the existing parking lot and while it does change the flow of traffic slightly, it fits into the overall vehicle circulation and pedestrian circulation of the site as it exists. The main difference is the one-way flow of traffic from the North to the South through the drive through lanes. (5) Lighting is confined to the canopy lights and the specifications and photometric plan have been included in the drawings. It has been designed not to trespass and glare onto neighboring properties. (6) NA (7) There are no loudspeakers or intercom systems in this project. Prepared by LT Leon Associates, Inc. LTLEONCIATES•INC August 20, 2021 City of Iowa City Special Exception Hy-Vee Iowa City # 1 Aisles Online Drive Through Lanes and Kiosk 1720 Waterfront Ave, Iowa City RE: 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 exception to allow drive through lanes will not endanger public health, safety, comfort, or general welfare. The project protects the pedestrian access and pedestrian safety through material and wayfinding. Hy-Vee does not anticipate that the drive through lanes will increase the amount of traffic to the store but will reduce existing in store shopping trips. Using existing access points means we will not be adding any additional curb cuts or affecting pedestrian safety. The drive through layout allows a queue of cars rather than a pull in configuration which will improve traffic flow and customer satisfaction. The existing pedestrian route on the North end of the proposed Aisles Online will be maintained in its current configuration which delineates a safe, accessible walking path. 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 surrounding neighborhood is commercial in character and the Aisles Online fits in well with the neighborhood. Across the street is a Penske Truck Rental store with trailers and trucks parked in the lot. The existing landscape buffer between the Aisles Online and the street will be maintained, and all trees will be protected. Additional trees will be added to the median between the Aisles Online and the parking lot further buffering the lanes. The change of use from a parking lot that is car -oriented to a drive through queue that is car -oriented is minor and does not affect the design quality of the site. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. Hy-Vee does not anticipate that the drive through lanes will increase the amount of traffic to the store. Additionally, Hy-Vee can control the volume through their incremental time slots. The development of the Aisles Online drive through is commercial in nature and consistent with the surrounding land uses. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. 500 E Locust Street, Suite 400 DES MOINES IA 50309 P515.422.701E www.Itlean.com • Page 2 August 20, 2021 The Aisles Online kiosk only requires electrical utilities which are being provided. Additional access roads are not needed as the facility uses existing parking lot access points. Impervious surface remains nearly identical to before and the existing storm sewer facilities will be protected in place and will contain the same volume of stormwater as the previous configuration. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Orders are processed in incremental time slots to control the number of trips coming to the store and is based the car stacking on volume capabilities. Hy-Vee is seeing peak hours between 4 pm and 6 pm as customers pick up their groceries on the way home from work. Typical hours of operation are from 8 am to 10 pm but may be less based on demand at a location. As a result of this information, Hy-Vee is providing 4 lanes in this location with each lane stacking 5 cars, totaling 20 stacking spots. This is more than enough stacking for the volume and Hy-Vee will easily be able to control the number of customers through their incremental time slots. 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. The project will conform to all the applicable regulations or standards of the commercial zone in which it is located. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. The Future Land Use Map shows this property right on the border between General Commercial and Intensive Commercial. As it is already in a commercial use, a commercial grocery drive through is compatible with that use. This project "encourages compact, efficient development" since it is not building more pavement in addition to the parking lot but replacing existing parking lot with a more efficient use. It is furthering commercial development in a "defined commercial node" and is appropriate for the Land Use and "compatible and complementary to the surrounding neighborhood". Prepared by LT Leon Associates, Inc. 3�ff�am<m NOIlI00V33NIINOS31SIV IAIIOVMOI w Q id d d rOWl- S1N310000101101SNCVWL ■■ I I I III 1 1 I I J> II II O Z . �� IL L I` I LU N 6 w L L L I O w ay 1 Now I o o r f - ' , L F J e O i k E Z o Z a F (if w O O p C74 Z 4 uj w F p N w W 0 �. U) � N � 11 W " 1 1 1 I ®a. in.�wi�:waa xvMM 33n nN Dees I1Mq 3xn x0 53151v n� i I N Y� M 0 'l 33IrAX � E ® DNINVV yg . 5 � 0 c� J W O 0 0 W IL z �W ¢ < Z z N0rc rc Z U O a a gW pQ pa N CO 0 U El ❑ W Z. i H l y =0 (7 w J z � J Z T J W o ¢U z Z w °P z O Q Uj =¢> _ g CO j V J J N W J ® d CO) O 7 N T O 1 Q 1 ip 1 T qOw H LU �Ovi wi Cy 0 �rc z w O L�000 z �~ 0z �o �w rc bzW ai ma J Z> J O O 0 m i N j 0 N �mfb E I�� dft- Catalog #: IL - Prepared By: Date: 14 Scottsdale'R' Legacy (CRUS) LED Canopy Luminaire E °� �s IP66 ix"TME',ly LI51k0 Lumen Package 5,000 - 22,000 Wattage Range 38 -152 Efficacy Range (LPW) 114 -156 Weight lbs(kg) 23 (10.4) FEATURES & SPECIFICATIONS Construction • Features a ultra -slim 11/16" profile die-cast housing, with flat clear tempered glass lens. Unit is water-resistant, sealed and IP66 rated. Integral designed heat sink does not trap dirt and grime, ensuring cool running performance over the life of the fixture. • Standard color is white and is finished with LSI's DuraGrip' polyester powder coat process. DuraGrip withstands extreme weather changes without cracking or peeling. • Luminaire assembly incorporates a pressure stabilizing vent breather to prevent seal fatigue and failure. Optical System • Features an array of select, mid -power, high brightness, high efficiency LED; 3000K, 4000K, 5000K color temperature, 80 CRI (nominal). • Choice of Symmetric or Asymmetric distribution. Asymmetric provides a wider distribution pattern. • Six Lumen Packages: 5,000, 9,000. 10,000, 13,000, 18,000 and 22,000 Lumens. Electrical High performance factory programmable driver features over -voltage, under voltage, short-circuit and over temperature protection with integral 6kV surge protection that meets IEEE C62.41.2 and ANSI C82.77-5 Location Category C Low standards. Custom lumen and wattage packages available. • Additional field replaceable 10kV surge protection device that meets a minimum QUICK LINKS Ordering Guide Performance Category C Low operation (per ANSI/IEEE C62.41.2) is standard. • Driver components are fully encased in potting for moisture resistance. Complies with IEC and FCC standards. 0-10 V dimming supplied standard with all drive currents. Project: • Die-cast aluminum, wet location rated driver/electrical enclosure is elevated above canopy deck to prevent water entry, provide easy "knock -out" connection of primary wiring and acts as the primary heatsink ensuring cool operation of internal components for longer life. Seals to optical housing via one-piece molded silicone gasket. • Universal voltage power supply, 120-277 VAC, 50/60 HZ and 347-480 VAC, 50/60 HZ input. • -400C to 55°C (-40°F to 131°F) ambient operating temperature. (Varies based on lumen package and mounting style see performance data for specifics.) • Minimum 60,000 to 100,000 hours depending upon the ambient temperature of the installation location (see performance data for specifics.) Hazardous Location • Designed for lighter than air fuel applications. Product is suitable for Class 1 Divisions 2 only when properly installed per LSI installation instructions. See Isicorp.com for specific guidance. Not available on SLW. Installation • One -person installation. • Installs in a 12" or 16" deck pan. Deck Type: Photometrics Dimensions penetration consists of a 4" hole, simplifying installation and water sealing. Unit is designed to quickly retrofit into existing Scottsdale (4") hole as well as openings for Encore and Encore Top Access and to reconnect wiring for the SC/ECTA without having to relocate the conduit. • Retro panels are available for existing Encores as well as kits for recessed and 2x2 installations (see separate spec sheets). Support brackets are provided standard, to prevent sagging of deck. Warranty • LSI LED fixtures carry a 5-year warranty (contact your LSI representative for extended warranty options.) Listings • UL and ETL listed to UL 1598, UL 8750 and other U.S. and International safety standards. Suitable for wet locations. • Designi-ights Consortium® (DLC) qualified product. Not all versions of this product may be DLC qualified. Please check the DLC Qualified Products List at www.designlights. org/QPL to confirm which versions are qualified. • Meets Buy American Act requirements. • IDA compliant with 3000K or lower color temperature. 1ALSI Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.Isicorp.com Page 1/4 Rev. 10/19/20 (513) 372-3200 • ©2020 LSI Industries Inc. All Rights Reserved. Specifications subject to change without notice. 9PEC.1020.A.0420 Type: Scottsdale° Legacy LED Canopy Luminaire (CRUS) ORDERING GUIDE Back to Duck Links ICAL ORDER EXAMPLE: CRUS SC LED SS 50 UE WHT Prefix Distribution Light Source Drive Current Color Temp Input Voltage Finish Options CRUS - LED Canopy SC - Symmetric LED SLW - Super Low Watt 50-5,000K LIE - Universal WHT - White HL'- Hazardous Location Luminaire AC' - Asymmetric VLW-Very Low Watt 40-4,000K Voltage (120 - 277V) BRZ- Bronze LW -Low Watt 30-3,000K BLK - Black SS - Super Saver HV - High Voltage HO - High Output 347-480V VHO - Very High Output Custom Lumen Packages° FOOTNOTES: 1. AC distribution utilizes a reflector which alters the look from a standard SC distribution. 3. Custom lumen and wattage packages available consult factory. Values are within industry standard toler- 2. Not available on SLW. antes but not DLC listed. Accessory Ordering Information (Accessories are field installed) Description Order Number Description Order Number Record Panels - EC/ECTA/ SCF to CRUS, for 16"Deck Panel 525946 Retrofit RIC Cover Panel Blank (no holes) 354702 Betrom Panels -ECTA/ SCF to CRUS, for 12"Deck Panel 530281 Kit- Hole Plugs and Silicone (enough for 25 retrofits)' 1320540 Rutrom 2x2 Cover Panel Blank (no holes) 357282 PERFORMANCE 1- Consists of (25) 718"hole plugs.(1 DO)WIT hole plugs and tube of RTV Rack to Quick Links DELIVERED LUMENS 30MK OCT 4000K OCT 5WOK CCr Lumen Package Distribution Delivered Lumen Emnry BUG Rating Delivered Lumens Efficacy BUG Rating Delivered Lumens Efficacy BUG Rating Wattage SC 21301 140 B4-UO-G2 21835 144 114-1.0-132 22697 15D 114-1.0-132 VHO AC 17355 114 93-1.0-0 17799 117 B3-UD-G3 18502 122 B3-UD-G3 152 SC 17889 143 B3-UO-G1 18346 146 B3-1.0-132 19071 152 94-1.0-132 HO AC 14582 116 83-1.0-132 14955 119 B3-1.0-02 15546 124 B3-1.0-02 125 SC 13113 141 B3-U0-G1 13449 1" B3-UO-G1 13980 150 B3-UD-G1 SS AC 11468 123 93-1.0-132 11761 126 B3-U0-G2 12226 131 B3-UD-G2 93 SC 10457 144 93-UO-G1 10724 148 B3-UO-G1 11148 154 93-1.0-131 Lw AC 9145 126 132-1.0-02 9379 129 132-1.0-02 9749 134 B2-1.0-02 73 SC 8793 146 B3-UO-G1 9008 149 B3-U0-G1 9364 155 B3-UO-G1 V W AC 7681 127 B2-UO-GI 7878 131 B2-UOit1 8189 136 B2-UO-G1 60 SC 5585 146 112-1.0-131 5728 150 B2-UD-G1 5954 156 B2-UD-G1 SLW AC 4881 128 B1-UO-01 1 5009 131 1 81-W-G1 5207 136 B1-UO-G1 38 'LEDs are frequently updated therefore values are nominal. ELECTRICAL DATA (AMPS) Lumen Lumen Package Wattage 120V 201V zm 277V 347Y 4BOV VHO 152 1.27 0.73 0.64 0.55 0.44 0.32 HO 124 1.03 0.6 0.52 0.45 0.36 0.26 SS 92 0.77 0.44 0.38 0.33 0.27 0.19 LW 72 as 0.35 0.3 0.26 0.21 D.15 VLW 60 0.5 0.29 0.25 0.22 0.17 0.13 SLW 38 0.32 0.18 0.16 0.14 0.11 any 'Electrical data at 25C (77F). Actual wattage may differ by+/-10x. OPERATING TEMPERATURE LUMEM ffi a MOUMIIMO Lin VHO MMIAVood Canopy 45C HO MetaVWood Canopy 45C SS MstaViNood Canopy 55 C Recommended Lumen Maintenance' CRUS VHO Ambient Temp Initial r 251, hrr 501, hrr 751, he 101ek' 0 C 102% 97% 92% 88% 84% 10 C 102% 97% 92% 88% 84% 20C 102% 97% 92% 88% 84% 25 C 102% 97% 92% 88% 94% 30 C 102% 97% 92% 88% 84% 40C 101% 95% go% 85% 80% so 101% 94% 89% 83% 78% Recommended Lumen Maintenance' CRUS SS Ambient Temp Initial 251, hrr Sac hrr 751, bur ' lMhF' 0 C 102% 97% 92% 88% 84% 10 C 102% 97% 92% 88% 94% 20 C 102% 97% 92% 88% 84% 25 C 102% 97% 92% 88% 84% 30 C 102% 97% 92% 88% 84% 40 C 102% 97% 92% 88% 84% 50C 101% 95% 91% 96% 82% FOOTNOTES: time durations that are within six times (6X) the IESNA LM-80-08 total test duration (in hours) for the 1- Lumen maintenance values at 25-C are calculated per TM-21 based on LM-80 data and in -situ device under testing (DUT) i.e. the packaged! LED). luminaire testing. 3 - In accordance with IESNA TM-21-11, Calculated Values represent time durations that exceed six times 2 - In accordance with IESNA TM-21-11, Projected Values represent interpolated value based on NA 1_14-8P08 total test duration (in hours) for the device under testing (DUT) i.e. the Packaged LED). fit LSI Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.Isicorp.com Page 2/4 Rev. 10/19/20 TW (513) 372-3200 • ©2020 LSI Industries Inc. All Rights Reserved. Specifications subject to change without notice. SPEC.1020.A.0420 Type: Scottsdale' Legacy LED Canopy Luminaire (CRUS) PHOTOMETRICS Back to Quick Links Luminaire photometry has been conducted by an accredited testing laboratory in accordance with IESNA LM-79-08. As specified by IESNA LM-79-08 the entire luminaire is tested as the source resulting in a luminaire efficiency of 100%. See http,//www.isi-industries.com/products/led-lighting-solutions.aspx for detailed photometric data. CRUS-SC-SS-50 LUMINAIRE DATA ISO FOOTCANDLE POLAR CURVE Type 5 Distribution Description 5000 Kelvin, 80 CRI Delivered Lumens 13,980 Watts 93 Efficacy 150 IES Type Type VS - Very Short BUG Rating B3-U0-GI Zonal Lumen Summary Zone Lumens %Luminaire Low (0-30°) 3654.2 26% Medium (30-60°) 7541.2 54% High (60-80°) 2641.4 19% Very High (80-90°) 143.2 1% Uplight (9D-180°) 0 0% Total Flux 13980 100% CRUS-SC-SS-50 LUMINAIRE DATA Type 3 Distribution Description 5000 Kelvin, 80 CRI Delivered Lumens 12,226 Watts 93 Efficacy 131 IES Type Type III, Very Short BUG Rating B3-UD-G2 Zonal Lumen Summary Zone Lumens %Luminaire Low (0-30°) 3240.3 27% Medium(30-60°) 6245.5 51% High(60-80°) 2594.6 21% Very High (80-90") 146.1 1% Uplight (90-180°) 0 0% Total Flux 12227 100% 15' Mounting Height/15' Grid Spacing 05 FC 02 FC ■ 1 FC .5 FC ISO FOOTCANDLE 15' Mounting Height/15' Grid Spacing ■5 FC 02 FC ■ 1 FC .5 FC POLAR CURVE L51 Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.Isicorp.com Page 3/4 Rev. 10/19/20 (513) 372-3200 • ©2020 LSI Industries Inc. All Rights Reserved. Specifications subject to change without notice. SPEC.1020.A.0420 PRODUCT DIMENSIONS 16 (27 mm) Scottsdale° Legacy LED Canopy Luminaire (CRUS) 15 Will" (399 mm) 16" 1m) 151116" (399 mm) 1.51 Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.Isicorp.com Page 4/4 Rev. 10/19/20 (513) 372-3200 • ©2020 LSI Industries Inc. All Rights Reserved. Specifications subject to change without notice. 9PEC.1020.A.0420 LEGAL DESCRIPTION: BOYRUM SUBDIVISION -PART FOUR LOT 3 & INCL LOTS 1-13 BOYRUM SD -PART TWO (A/K/A AUDITOR'S PARCEL #2008046 AS DESC IN SURVEY BK 54 PG 271 September 8, 2021 Board of Adjustment Meeting EXC21-0014 ITEM 4D ON THE AGENDA Staff Report Prepared by Staff STAFF REPORT To: Board of Adjustment Prepared by: Kirk Lehmann, Associate Planner Item: EXC21-0014 Date: September 8, 2021 Parcel Number: 1013252021 GENERAL INFORMATION: Applicant: John Brehm Hy-Vee, Inc. 5820 Westown Parkway West Des Moines, IA 50266 jbrehm@hy-vee.com Contact Person: Rachel Harris LT Leon Associates 500 E. Locust Ave, Suite 400 Des Moines, IA 50309 515-250-8188 rharris@ltleon.com; Ileon@ltleon.com Property Owner(s): Requested Action: Purpose: Location: Location Map: Leach Iowa LLC 101 Park Avenue, Suite 2500 New York, NY 10178 Special exception to allow accessory drive -through facilities in a Community Commercial (CC-2) zone To allow construction of drive -through lanes for online grocery pick-up 812 S. 151 Avenue IIIIY�. •� i�a�T,1 II 1 Size: Existing Land Use and Zoning Surrounding Land Use and Zoning Applicable Code Sections: File Date: BACKGROUND: 11.24 acres Commercial; Community Commercial with a Design Review Overlay (CC-2/ODR) North: Residential; Low Density Single Family Residential (RS-5) East: Residential & Institutional; Office Commercial with a Design Review Overlay (CO-1/ODR) and Medium Density Multi - Family Residential (RM-20) South: Commercial; Community Commercial with a Design Review Overlay (CC-2/ODR) West: Residential & Commercial; Community Commercial with a Design Review Overlay (CC-2/ODR) and Low Density Single Family Residential (RS-5) 14-46-3A: General Approval Criteria 14-4C-2K-3: Drive Through Facilities August 6, 2021 LT Leon Associates, on behalf of Hy-Vee, Inc., submitted a special exception request for a drive - through facility associated with their Hy-Vee Aisles Online pick-up program for the subject property at 812 S. 1 S1 Avenue. The property is zoned Community Commercial (CC-2) with a Design Review Overlay for the Towncrest Design Review District, which allows drive -through facilities by special exception. A grocery store of nearly 66,000 square feet is in the center of the site with loading areas to the north and parking to the south. The store was initially built in 1997 and was expanded in 2001. In total, the lot is approximately 11.24 acres. though much of the north portion of the parcel is dedicated open space with a trail along the Ralston Creek South Branch. The use is surrounded by a variety of commercial uses to the south and southwest, low density single-family uses to the north and northwest, and multi -family and institutional uses to the east. Vehicular access for the site is provided from three access points on S. 1 s1 Avenue to the west and one access point from Muscatine Avenue to the south. South of the building, two east -west internal drives which are connected by north -south parking aisles provide the circulation through and across the property. Another north -south parking aisle is located west of the building which connects to the northern -most S. 11 Avenue access point and the loading area. Pedestrian access is provided from two access points along S. 13t Avenue which connect to the sidewalks along the street. However, pedestrian routes are not generally demarcated where they cross vehicular drives. The proposed accessory drive -through facility would replace the existing parking aisle to the west of the building along S. 1 It Avenue. The site plan (Attachment 4) shows two drive -through lanes that replace the existing parking and drive -through area along the building face. The one-way entry to the drive -through lanes would be from the northernmost access point on S. 1s1 Avenue, but because the parking aisle would also be converted to a one-way aisle, the drive -through could not be directly accessed from the rest of the parking area. The lanes are proposed to exit southeast onto the internal drive that runs along the south building face. The drive -through facility is proposed to be pick-up only with no order boards or intercom systems. The site plan also includes demarcated pedestrian crossings from the west, which would improve pedestrian safety and access. 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-2K-3, pertaining to special exceptions to allow drive through facilities in a CC-2 zone, as well as the general approval criteria in Section 14-413-3A. 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 are set forth below. Specific Standards 14-4C-2K-3: Drive Through Facilities a. Access and Circulation: The transportation system should be capable of safely supporting the proposed drive -through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addition to the following criteria: (1) Wherever possible and practical, drive -through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of lanes, requiring the drive -through bays and stacking lanes to be enclosed within the building envelope, and similar conditions. FINDINGS: • The property has three vehicular access points from S. 1 st Avenue to the west and one from Muscatine Avenue to the south, which are connected by two east - west internal drives and north -south parking aisles. Both streets are classified as minor arterials. • The proposed drive -through facility is accessed from a parking aisle which can only be reached from S. 1s' Avenue. Access is not available through the surface parking lot areas. The facility cannot be directly accessed from a street. • The drive -through lanes have a one-way access point from north to south. (2) To provide for safe pedestrian movement, the number and width of curb cuts serving the use may be limited. A proposal for a new curb cut on any street is subject to the standards and restrictions in chapter 5, article C, "Access Management Standards", of this title. 3 FINDINGS: • No changes to curb cuts are being proposed as part of the project. • The existing pedestrian routes are not currently demarcated where they cross the parking aisles or drives. • The existing southern pedestrian route will cross the proposed drive -through facility, but the site plan shows the route would striped which will help provide for safe pedestrian movement. Crossings are approximately 16 to 24 feet long. • The site plan shows that the existing northern pedestrian route would also be striped where it crosses the internal drive as part of the project. The crossing is approximately 25 feet long. (3) An adequate number of stacking spaces must be provided to ensure traffic safety is not compromised. A minimum of six (6) stacking spaces is recommended for drive -through facilities associated with eating establishments and a minimum of four (4) stacking spaces for banking, pharmacies, and similar nonfood related drive -through facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the width of a one lane, one-way drive. The board may reduce the recommended number of stacking spaces if the applicant can demonstrate that the specific business has unique characteristics such that the recommended number of parking spaces is excessive (i.e., a drive- through that is to be used for pick up only and not ordering). FINDINGS: • The site plan shows 2 drive -through lanes, each with at least 9 stacking spaces, for a total of more than 18 vehicles. The drive -through facility is for pick-up only, not ordering. This meets the required number of stacking spaces. • Peak hours are estimated from 4:00 pm to 6:00 pm, Monday through Friday. • The drive -through lanes are far enough from the access off S. 111 Avenue to accommodate limited spillover traffic and to minimize traffic safety impacts. • Staff recommends substantial compliance with the site plan be a condition of approval to ensure traffic safety is not compromised. (4) Sufficient on site signage and pavement markings shall be provided to indicate direction of vehicular travel, pedestrian crossings, stop signs, no entrance areas, and other controls to ensure safe vehicular and pedestrian movement. FINDINGS: • The site plan indicates directional arrows at all access points to the drive -through facility and in the drive -through lanes. • Signage to direct vehicles to the drive -through are located at the entrance to the access drive, and a do not enter sign is located at the exit. • Pavement markings denote drive -through lanes and a raised curb separates the drive -through lanes from the parking aisle and drive. • All pedestrian crossings will be demarcated with pavement markings as part of the project, which helps ensure safe pedestrian movement. b. Location: (1) In the CB-2 zone and in all subdistricts of the riverfront crossings district located east of the Iowa River, drive -through lanes and service windows must be located on a nonstreet-facing facade. In all other locations where drive-throughs are allowed, this location standard must be met, unless the applicant can demonstrate that a street -facing location is preferable for the overall safety and efficiency of the site, does not conflict with adjacent uses or pedestrian access, and does not compromise the character of the streetscape or neighborhood in which it is located. FINDINGS: • The drive -through lanes are on the S. 15' Avenue -facing facade of the building. This location is preferable for the overall safety and efficiency of the site because the proposed facility will utilize the existing building facade • The street -facing location does not affect pedestrian access. Marked pedestrian crossings will improve safety. • While areas to the north are residential, the area directly across S. 1' Avenue is commercial. The drive -through facility will replace existing car -oriented uses and will enhance existing landscaping. As a result, the location will not conflict with adjacent uses or the character of the neighborhood. • The proposed drive -through facility expands an existing drive -through area, though the project does not include any new structures. Because the property is in the Towncrest Design Review District, design review is required which will help ensure consistency with the Towncrest Design Plan standards for parking, landscaping, and signage. (2) Drive -through lanes must be set back at least ten feet (10') from adjacent lot lines and public rights of way and screened from view according to the design standards below. FINDINGS: • Drive -through lanes are more than 40 feet from the S. 11' Avenue right-of-way and will be screened to the S2 standard. • A landscape plan will be submitted as part of the site plan review. c. Design Standards: The number of drive -through lanes, stacking spaces, and paved area necessary for the drive -through facility will not be detrimental to adjacent residential properties or detract from or unduly interrupt pedestrian circulation or the commercial character of the area in which the use is located. The board of adjustment may increase or reduce these standards according to the circumstances affecting the site. (1) To promote compatibility with surrounding development, the number of drive - through lanes should be limited such that the amount of paving and stacking space does not diminish the design quality of the streetscape or the safety of the pedestrian environment. FINDINGS: • The proposed facility is west of the building in the center of the site, which is across S. 15' Avenue from commercial uses. • The site plan shows two 12-foot-wide drive -through lanes along the west edge of the existing building and utilizes an existing awning. • Nearly all proposed paving replaces existing paving, except where a small, landscaped area would be modified. • S2 screening is required between the drive -through lanes and S. 1s1 Avenue right-of-way. Existing landscaping will be enhanced as part of that screening. • The pedestrian pathways from S. 1 It Avenue will be enhanced as part of the project, which includes striping where the routes cross drives and a small pedestrian island by the drive -through facility. • The proposed improvements will help maintain the safety of those utilizing the walkways and will not diminish the design quality of the streetscape nor the pedestrian environment. (2) Drive -through lanes, bays, and stacking spaces shall be screened from views from the street and adjacent properties to the S2 standard. If the drive -through is located adjacent to a residential use or property zoned residential, it must be screened from view of these properties to at least the S3 standard. To preserve the pedestrian oriented character of streets in the CB-2 zone and the riverfront crossings district, the board may require the drive -through to be incorporated within the building or be screened with masonry street walls and landscaping. Street walls shall be a minimum of five feet (S) in height and shall be designed to complement the principal building on the site. FINDINGS: • Existing landscaping along S. 151 Avenue will be enhanced to the S2 standard. • The drive -through facility is not adjacent to residential uses. (3) Multiple windows servicing a single stacking lane (e.g., order board, payment window, pick up window) should be considered to reduce the amount of idling on the site. FINDINGS: • The drive -through facility is proposed for pick-up only. • Incremental time slots for customers are used to help plan orders and reduce idling on the site. • Employees load customers' cars, so while doors are included in the fagade of the kiosk, no service windows are provided. (4) Stacking spaces, driveways, and drive -through windows shall be located to minimize potential for vehicular and pedestrian conflicts and shall be integrated into the surrounding landscape and streetscape design of the neighborhood in which it is located. FINDINGS: • No new vehicular and pedestrian conflicts are created by the proposed drive - through facility, except for areas where employees will load vehicles. • A curb between the drive -through lane and parking aisle will reduce potential vehicular conflicts. Where vehicles exit the drive -through facility, they must cross the existing cross access drive. However, cars will leave straight ahead, one at a time, and the area in front of the store has slow traffic speeds which help ensure traffic safety. Landscaping will be enhanced as part of the project, and the project is subject to the Towncrest Design Review standards. This will help integrate the proposed use into the surrounding landscape and streetscape design. Adjacent uses are mixed in nature, but the proposed facility will be similar to the current parking spaces on the site as both are auto -oriented uses. (5) Lighting for the drive -through facility must comply with the outdoor lighting standards set forth in chapter 5, article G of this title and must be designed to prevent light trespass and glare onto neighboring residential properties. FINDINGS: • A photometric plan was submitted as part of the application. • Staff shall review any new lighting for the site in compliance with current code standards as part of the site plan review process. 6) (Repealed by Ordinance No. 16-4685 on 11-15-2016) 7) Loudspeakers or intercom systems, if allowed, should be located and directed to minimize disturbance to adjacent uses. Special consideration should be given to locations adjacent to residential uses to ensure such systems do not diminish the residential character of the neighborhood. FINDINGS: • No loudspeakers or intercom systems are part of this project. • Staff recommends a condition that no external loudspeakers or intercom systems be installed in the future to mitigate potential future issues associated with noise. General Standards: 14-413-3: Special Exception Review Requirements: The specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare. FINDINGS: • The proposed drive -through facility is not expected to increase vehicular traffic to the site, as it is anticipated that drive -through trips will primarily replace in-store trips. • Vehicular circulation and access are adequate to accommodate drive -through traffic as long as they conform to the site plan as submitted. • To ensure a smooth flow of traffic, staff recommends a condition that drive -through lanes remain pick-up only. • No new vehicular and pedestrian conflicts are created by the proposed stacking spaces, except for areas where employees will load vehicles. • While there may be some potential conflicts between vehicles entering the drive - through lanes and trucks utilizing the loading area, and for vehicles exiting the drive -through lanes, there is adequate room to maneuver, pavement markings and signage are sufficient to ensure safe traffic flows, traffic speeds are slow, and truck traffic can be scheduled to coincide with non -peak hours to reduce conflicts. • The pedestrian route currently leads to a door which may not be open to the public. If the door is closed to the public, safety is compromised because there is not a complete pedestrian route from the sidewalk into the building. Staff recommends a condition that there be a complete, demarcated pedestrian route at least 4 feet in width from the sidewalk to the interior of the building, to be approved as part of the design review process. 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: • Screening to the west will mitigate impacts to the streetscape and adjacent properties. • The property is in the Towncrest Design Review District, so any new buildings, parking, landscaping, and wayfinding signage will require staff design review. This helps ensure a consistent design with the neighborhood. • No loudspeakers or intercom systems are part of this project. 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 institutional uses. • Future redevelopment and improvement of adjacent properties will not be affected. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. FINDINGS: • Sufficient utilities, access roads, and necessary facilities are established for this neighborhood and can meet the proposed site requirements. • Pedestrian access will be enhanced between the right-of-way and subject property. • Proposed internal circulation is sufficient for vehicular and pedestrian access. • The project will include relocating an existing bicycle rack. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. FINDINGS: • There is adequate space for more than 18 vehicles to stack in the drive -through lanes with limited space for overflow. • The proposed drive -through lanes are accessed from a parking drive aisle and will exit onto a shared cross access drive. Where vehicles exit, they must cross the access drive, but there is adequate space to wait for a break in traffic and traffic speeds are slow. • Signage and pavement markings will help efficiently direct vehicles through the site. • The site plan as proposed is not expected to negatively impact ingress or egress on public streets, nor is traffic expected to increase. 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 use will replace existing parking spaces. However, the site still proposes to retain 399 proposed parking spaces, which is well above the parking requirement of 220 parking spaces. • The parking areas were developed prior to current zoning standards. Where pavement is removed and replaced, the parking lot must be brought into compliance with current design standards. Staff will ensure compliance during site plan review • The property is in the Towncrest Design Review District, which requires consistency with the standards in the Towncrest Design Plan, including those related to parking, landscaping, and signage. Staff will ensure compliance through design review. • The subject property contains sensitive areas which include a part of the South Branch Ralston Creek and the 100-year flood zone. During site plan review, staff will ensure work is conducted outside of flood hazard areas and sensitive areas buffers. If work is completed within those areas, a separate sensitive areas application will be required. • Staff will ensure the site design conforms with all other applicable zoning standards and regulations during the subsequent site plan and design review. 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 as General Commercial, and the Future Land Use Map of the Southeast District Plan designates this area as Commercial. • The Comprehensive Plan supports "encouraging the retention and expansion of existing businesses'. • The current primarily 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 EXC21-0014, to allow a drive -through facility for the property located at 812 S. 151 Avenue, subject to the following conditions: 1. Substantial compliance with site plan dated August 6, 2021. 2. The drive -through lanes shall remain pick-up only. 3. Installation of external loudspeakers or intercom systems is prohibited 4. A complete, demarcated pedestrian route at least 4 feet in width from the sidewalk to the interior of the building must be approved as part of the design review process. ATTACHMENTS: 1. Location Map 2. Zoning Map 3. Correspondence 4. Application Materials Approved by: • V,1_ Danielle Sitzman, AICP, Development Services Coordinator Department of Neighborhood and Development Services 10 September 8, 2021 Board of Adjustment Meeting EXC21-0014 ATTACHMENT 1 Location Map Prepared by Staff u C � m m I a� M ` i 1C � t�1 �■ � ' September 8, 2021 Board of Adjustment Meeting EXC21-0014 ATTACHMENT 2 Zoning Map Prepared by Staff d � N N � C N I11 N Q l m m �o y A tQW r 3�IZ N f VI O i. O •a W N U N o •U b O a a o `n A 4 00 O w ; y O CU O � O ❑ O O O mCZ ca O X V V mw,z A SM. N 0 G Qi O iC 0 September 8, 2021 Board of Adjustment Meeting EXC21-0014 ATTACHMENT 3 Correspondence Submitted by the Identified Party LTLEONCIATES•INC August 31, 2021 City of Iowa City Hy-Vee Iowa City # 2 Aisles Online Drive Through Lanes and Kiosk 812 South 1st Street, Iowa City, Iowa RE: Response to City Comments (EXC21-0014) received from Kirk Lehmann 8/24/2021 1. Please discuss in more detail why having drive -through lanes on the street -facing location is preferable for the overall safety and efficiency of the site and does not conflict with adjacent uses or pedestrian access (14-4C-2K-3b-1). The proposed Aisles Online drive through lanes are located on the side of the store facing South Vt Avenue and the pick-up location is located on the front of the store underthe existing canopy. Utilizing the existing canopy and circulation pattern is preferable for the efficiency of traffic flow within the site and helps Hy-Vee avoid back-ups, congestion and avoid possible traffic and pedestrian conflicts in front of the store and in the main parking lot. Since the drive through lanes are currently an existing parking lot, the transition to drive through lanes and car -oriented uses is not a significant change. The pedestrian connection from South VAvenuewill be maintained and enhanced with a painted cross walk for safety. In addition, the project adds a median for pedestrians to stop and rest and provides a safe place to evaluate traffic when crossing, breaking up the length of the crosswalk. This project proposes that all traffic in this area flow only one direction from the North to the South. This helps with the safety of the pedestrian connection on the South along with wayfinding as traffic is only coming from one direction. Additional 'Do Not Enter' signage along with pavement markings help to delineate traffic flow. The surrounding neighborhood is commercial in character and the Aisles Online will fit in well with the neighborhood. Directly across the street is a traffic -oriented strip mall with front yard parking. The proposed drive through lanes will be buffered from the street and neighbors through a planted buffer. The project proposes maintaining the trees along S 11 Ave along with planting additional shrubs to enhance the buffer to 'S2 buffer' city standards and minimize impact to the street and sidewalk. In addition, Hy-Vee is adding additional landscaping at the south end of the project to minimize impact. 2. Staff recommends a raised median or other delineator for the entire length between the proposed drive -through lane(s) and existing drive aisle to help delineate traffic. Staff will incorporate this as a condition of approval if a revised site plan is not submitted. A raised median has been added between the drive -through lane and existing drive aisle. One 5' wide curb cut in the center of the median has been added for positive drainage. See sheets C2.0. C2.1 and C3.O. 3. Staff recommends that where the north pedestrian pathway crosses the access drive, the route should be clearly demarcated, such as through dyed concrete or alternative paving materials. Staff will incorporate this as a condition of approval if a revised site plan is not submitted. We have included a cross walk hatch to the northern pedestrian connection. See site plan sheets C2.0 and C2.1. 500 1 Locust Street, Suite 400 DES MOINES IA 50309 P515.422.7016 www.Itleon.com • Page 2 August 31, 2021 4. The subject property contains sensitive areas which include a part of the South Branch Ralston Creek and the 100-year flood zone. If work is conducted outside of flood hazard areas and sensitive areas buffers, a separate sensitive areas application will not be needed and will instead be incorporated into site plan review. Noted, all work is anticipated to occur outside of the flood hazard areas and sensitive areas buffers. 5. Where pavement is removed and replaced, the parking lot needs to be brought into compliance with current design standards. If pavement is re -striped, it only requires a casual review. Eitherway, this will be reviewed during site plan review. Noted. 6. Note that the property is in the Towncrest Design Review District, which requires staff design review based on the standards in the Towncrest Design Plan (https://www.iowa- city.org,/weblink/0/doc/1481693/Electronic.aspx). This includes but is not limited to parking (p. 16), landscaping (pp. 20-22), and wayfinding signage (pp. 23-25) standards. Noted. 7. Staff is considering a few recommended conditions for approval, including the following: a. Substantial compliance with the site plan. Noted. b. Requiring that the drive-throughs remain pick-up only (and no future installation of external loudspeakers or intercom systems). Noted. RE: Response to City Comments (EXC21-0014) received from Kirk Lehmann 8/30/2021 1. Is the door directly accessible from the pedestrian pathway to the west open to the general public? Hy-Vee is confirming the status of the current door use and what that use will be once the project is complete and will update when that is confirmed. 2. Is there any concern about reversing the current drive -through direction, specifically as it relates with conflicts it may create with the access drive onto which it would exit? Hy-Vee doesn't have any specific concerns with reversing the flow. Traffic leaving the Aisles Online will be leaving one car at a time and should be able to pull straight forward to leave the drive through. This is a slow traffic speed area in front of the store and conflicts with traffic pulling out will be minimal as a result. 3. Are there any concerns about conflicts between truck traffic and drive -through traffic at the north -most access point? Hy-Vee doesn't have any specific concerns regarding truck traffic at the northern most access point. Hy-Vee can schedule deliveries at hours that fall outside the busy Aisles Online hours to mitigate conflict. Additionally, since all Aisles Online traffic will be headed in one direction here and there is an additional lane to bypass the drive through this will eliminate the need to U-turn and minimize conflict. 4. If not incorporated into the site plan, we will likely include a condition that the northern pedestrian pathway also be demarcated with colored pavement or pavement markings where it crosses the existing drive (similar to what you're doing for the southern pedestrian pathway) We have included a cross walk hatch to the northern pedestrian connection. See site plan sheets C2.0 and C2.1. Prepared by LT Leon Associates, Inc. August 16, 2021 RE: Special Exception for 812 S. 1 st Ave. Dear Property Owner: r,r wr1®'a� 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 LT Leon Associates, on behalf of Hy-Vee Inc, requesting a special exception to allow drive through lanes for online pick-up located at 812 S. 15t Ave. (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 a public meeting tentatively scheduled for September 8, 2021 at 5:15 pm in Emma Harvat Hall, City Hall, 410 East Washington Street, Iowa City. Because the meeting is subject to change, you may wish to call 319-356-5230 or check the City of Iowa City's website, www.icgov.org/BOA, the week of the meeting to confirm the meeting agenda. You are welcome to attend this public meeting to present your views concerning this application. You may also submit written information to me for consideration 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-Iehmann(cD.iowa-city.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 Associate Planner City of Iowa City Department of Neighborhood and Development Services What is the Board of Adjustment? 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. What is a variance? 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 Boaid.nof 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. How can I participate in the 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 Et 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 Forma 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 B: Development Services. E-mail kirk-lehmann®iowa- clty.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 a -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 & Development Services, 410 E. 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Did you hold a Good Neighbor Meeting? No Has a pre -application meeting been held? Yes Date of previous application or appeal fled I Enter date ■ 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. 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Lsyp( $ yaps i F �b }�f[d a z� Iasi m6 _ • i two 7i1141 a x �x y�S i xg o 2 til vi a a e e w �t �f 1� 7Mew e gig O O i s Ci s a c ne c�L d �_NC W= =Go DY O V n� O� a i i S� [ 0 ep w p i M�E�y �71A eo y5 �3gkk `y[1 � EE �1i Epp ; � YB a 1 a � � o d � s� O O ['� o e b 1E� "11 ; � YB a 1 a � � o d � s� O O ['� o e b 1E� "11 a 1 a � � o d � s� O O ['� o e b 1E� "11 "11 a e a pp eEI $��sa�9 @k1 gEEEEtE 3s1 � 99 � 5 :pp �' ggf Caaa a g$ � a be wa o4� bE. � b�4d s a � 1 � eey'aye�e$p ® 1� LTLEONCIATES•INC August 6, 2021 City of Iowa City Special Exception Hy-Vee Iowa City # 2 Aisles Online Drive Through Lanes and Kiosk 812 South 1st Street, Iowa City, Iowa RE: Speck Criteria (14-4C-2K-3) Access and Circulation: The Hy-Vee Aisles Online will be located in the existing Hy-Vee parking lot directly to the west of the existing Hy- Vee grocery store. Access to the drive through lanes will be facilitated through the existing parking lot ingress and egress off South In Avenue. Hy-Vee does not anticipate that the drive through lanes will increase the amount of traffic to the store but will replace existing in store shopping trips. Using existing access points means we will not be adding any additional curb cuts or affecting pedestrian safety. The drive through layout allows a queue of cars rather than a pull in configuration which will improve traffic flow and customer satisfaction. Traffic in the two Aisles Online lanes along with the parking lot lane will all travel from North to South. The existing pedestrian routes in the right of way along South 11 Avenue will not be affected. Additional delineation of the pedestrian connection from the store to the street will improve pedestrian safety and access. Stacking Spaces and Volume: Hy-Vee has been working on how to better serve their customers with online grocery ordering, delivery, and pickup over the past several years. They were working with order volumes that could be easily accommodated with several dedicated parking stalls prior to the COVID-19 disruption. In a matter of a week, they went from processing 50 to 60 online orders each day to processing hundreds of orders per hour each day. Orders are processed in incremental time slots to control the number of trips coming to the store and has based the car stacking on volume capabilities. Hy-Vee is seeing peak hours between 4 pm and 6 pm as customers pick up their groceries on the way home from work. Typical hours of operation are from 8 am to 10 pm but may be less based on demand at a location. As a result of this information, Hy-Vee is providing 2 lanes in this location with each lane stacking 9 cars, totaling 18 stacking spots. This is enough stacking for the volume and Hy-Vee will easily be able to control the number of customers through their incremental time slots. On Site Signage and Pavement Markings: Hy-Vee has created specific branded Aisles Online Post Signage and Directional Pavement Markings that are located to direct traffic to the lanes. In addition to that, there will be a wayfinding tower installed that provides additional wayfinding to the lanes. This project utilizes the existing canopy on the store which will continue to act as both a wayfinding device for customers and shelter from the elements for Hy-Vee employees as they load vehicles with groceries. Do not enter signs are provided at the exit of the lanes. 500 E Locust Street, Suite 400 DES MOINES IA 50309 P515.422.7019 www.Itleon.com • Page 2 August 6, 2021 Location: The Aisles Online drive through has been located on the side of the store to provide stacking and avoid traffic backups along the front of the store and in the parking lot. The location for the drive through aisles is along South In Avenue. Since this is already a parking lot, the transition to drive through lanes and car -oriented uses is not a significant change. The surrounding neighborhood is commercial in character and the Aisles Online will fits in well with the neighborhood. The existing landscape between the Aisles Online lanes and the street will be maintained, and the trees will be protected. In addition, Hy-Vee is adding additional landscaping at the front of the project to minimize impact. Design Standards: (1) The drive through lanes will be constructed on existing parking lot and will not be detrimental to the neighboring properties through careful location of the lanes and the additional landscaping. The change from a car -oriented parking lot to a car -oriented drive through queue does not alter the design quality of the site. Pedestrian access along South 11 Avenue and to the store will be maintained and enhanced for safety. (2) The landscaping that exists along South 1s` Avenue will be maintained and additional landscaping will be added near the canopy to buffer the use. (3) Hy-Vee has incremental time slots which helps them plan orders and staffing and reduces idling time for cars along with being able to serve their customers quickly and efficiently. (4) The drive through is incorporated into the existing parking lot and while it does change the flow of traffic slightly, it fits into the overall vehicle circulation and pedestrian circulation of the site as it exists. The main difference is the one-way flow of traffic from the North to the South through the drive through lanes and the additional access lane. (5) There will be no change to the lighting and the photometric plan included in the drawings shows the existing conditions that will remain. Light does not trespass and glare onto neighboring properties. (6) NA (7) There are no loudspeakers or intercom systems in this project. Prepared by LT Leon Associates, Inc. LTLEONCIATES•INC August 6, 2021 City of Iowa City Special Exception Hy-Vee Iowa City # 2 Aisles Online Drive Through Lanes and Kiosk 812 South 1n Ave, Iowa City, Iowa RE: 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 exception to allow drive through lanes will not endanger public health, safety, comfort, or general welfare. The project protects the pedestrian access and pedestrian safety through material and wayfinding. Hy-Vee does not anticipate that the drive through lanes will increase the amount of traffic to the store but will replace existing in store shopping trips. Using existing access points means we will not be adding any additional curb cuts or affecting pedestrian safety. The drive through layout allows a queue of cars rather than a pull in configuration which will improve traffic flow and customer satisfaction. The existing pedestrian sidewalks will remain and the pedestrian connection from the store to the street that is to the west of the store will be further delineated for safety by crosswalk markings. 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 surrounding neighborhood is primarily commercial in character. The properties across South In Ave directly across from the proposed Aisles Online project are commercial with parking in the front yard. The properties to the north are residential and are buffered by a wooded open space containing a pedestrian trail and Ralston Creek. Along Muscatine to the south of the project area are commercial properties including a pharmacy and gas station. To the east is a cemetery. The proposed Aisles Online will be located on the west side of the existing building. The existing landscape between the proposed Aisles Online and the street will be increased to the 'S2' buffer standard. Additional landscaping will be added to the area by the existing canopy to help buffer the drive through from the parking lot and block headlights. The change of use from a parking lot that is car -oriented to a drive through queue that is car -oriented is minor and does not affect the design quality of the site. 3. Establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which such property is located. 500 E Locust Street, Suite 400 DES MOINES IA 50309 P515.422.701E www.Itlean.com • Page 2 August 6, 2021 Hy-Vee does not anticipate that the drive through lanes will increase the amount of traffic to the store. Additionally, Hy-Vee can control the volume through their incremental time slots. The development of the Aisles Online drive through is commercial in nature and consistent with the surrounding land uses. 4. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. There are no new utility services or new buildings in this project. Additional access roads are not needed as the facility uses existing parking lot access points. Impervious surface remains nearly identical to the existing condition and the existing drainage patterns and storm sewer facilities will largely remain the same and will contain the same volume of stormwater as the previous configuration. A new storm sewer intake and minor adjustment to an existing intake is proposed in order to provide less steep slopes for the Aisles Online area. 5. Adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Orders are processed in incremental time slots to control the num ber of trips com ing to the store and the project has based the car stacking on volume capabilities. Hy-Vee is seeing peak hours between 4 pm and 6 pm as customers pick up their groceries on the way home from work. Typical hours of operation are from 8 am to 10 pm but may be less based on demand at a location. As a result of this information, Hy-Vee is providing 2 lanes in this location with each lane stacking 9 cars, totaling 18 stacking spots. This is project to be enough stacking for the volume and Hy-Vee will easily be able to control the number of customers through their incremental time slots. 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. The project will conform to all the applicable regulations or standards of the commercial zone in which it is located. 7. The proposed exception will be consistent with the Comprehensive Plan of the City, as amended. The Future Land Use Map shows this property as General Commercial. As it is already in a commercial use, a commercial grocery drive through is compatible with that use. This project "encourages compact, efficient development' since it is not building more pavement in addition to the parking lot but replacing existing parking lot with a more efficient use. It is furthering commercial development in a "defined commercial node" and is appropriate for the Land Use and "compatible and complementary to the surrounding neighborhood". Prepared by LT Leon Associates, Inc. LEGAL DESCRIPTION Part of the Northwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th Principal Meridian, City of Iowa City, Johnson County, Iowa, being more particularly described as follows: Commencing at the Southwest corner of said Northwest Quarter; thence North 890 58' 18" East along the South line of said Northwest Quarter, 37.50 feet; thence North 00" 52' 00" East 33.21 feet to the intersection of the East Right -of -Way line of First A venue and the North Right -of -Way line of Muscatine Avenue; thence North 00` 52' 00" East, along said East Right -of -Way line, 183.93 feet; thence North 89" 57' S9" East along said East Right -of -Way line, 7.50 feet to the Point of Beginning; thence North 00° 52' 00" East along said East Right -of -Way line 706.44 feet to a point on the southerly line of Lot 14 Larsen's Subdivision, as recorded in Plat Book 4 at page 370 in the records of the Johnson County Recorder; thence North 53° 12' 00" East, along the southerly line of said Larsen's Subdivision, 237.15 feet to the Southeast comer of said Subdivision; thence North 00° 53' 21" East along the East line of said Subdivision 16.57 feet; thence North 05° 00' 48" East, 269.65 feet to a point on the South line of a Revision of Part Two Court Hill Addition as recorded in Plat Book 2 at page 169 in the records of the Johnson County Recorder, thence South 830 04' 32" East along the South line of said Addition, 250.30 feet; thence South 00° 51' 07" West 1,280.26 feet to a point on the North Right of Way line of Muscatine Avenue; thence South 89" 58' 18" West along said Right -of -Way line, 169.18 feet; thence North 00` 53' 21" East, 93.00 feet; thence South 89° 58' 18" West, 112.00 feet; thence North 00° 53' 21" East 83. 95 feet; thence South 89" 57' S9" West 17 5 .41 feet to the point of beginning. For purposes of this description, the South line of the Northwest Quarter (NW/) of Section Thirteen (13) has an assumed bearing ofNorth 89° 58' 18" East. September 8, 2021 Board of Adjustment Meeting PRELIMINARY MEETING MINUTES ITEM 5 ON THE AGENDA August 11, 2021 Prepared by Staff MINUTES PRELIMINARY BOARD OF ADJUSTMENT FORMAL MEETING EMMA HARVAT HALL AUGUST 11, 2021 — 5:15 PM MEMBERS PRESENT: Nancy Carlson, Gene Chrischilles, Bryce Parker, Amy Pretorius, Mark Russo MEMBERS ABSENT: STAFF PRESENT: Sue Dulek, Kirk Lehmann, Anne Russett OTHERS PRESENT: Andy Savoy, Mohamed Mahmoud, Tim Fuerst, Niles Bolton, Mike Welch, Karen Kubby, Maggie Elliott CALL TO ORDER: The meeting was called to order at 5:15 PM. ROLL CALL: A brief opening statement was read by Pretorius outlining the role and purpose of the Board and the procedures that would be followed in the meeting. SPECIAL EXCEPTION ITEM EXC21-0012: An application submitted by Elizabeth Homan requesting a special exception to allow an eating establishment use for a Peninsula live -work unit in a Low Density Single -Family Residential Zone with a Planned Development Overlay (RS-5/OPD) at 1040 Martin Street. Pretorius recused herself from this item as she had a conflict of interest. Chrischilles opened the public hearing. Lehmann noted this is a special exception to allow an eating establishment use in the Peninsula Neighborhood in a live/work unit, which is a low -density single family residential zone with the Planned Development Overlay. The subject property (1040 Martin Street) it is located adjacent to Emma J. Harvat Square Park in the Peninsula neighborhood. Lehmann noted the Peninsula has some unique regulations as part of the Planned Development Overlay (OPD) and also has a regulating plan that shows what different kinds of buildings can be constructed where and then how specific uses in those buildings can work together. The OPD has some areas for potential commercial development with a goal of reducing car trips by providing goods and services for nearby residents. The subject property is a live/work site, which allows some commercial uses on the ground floor with residential uses above it. However not all commercial uses are allowed by right, for example, eating establishments require a special exception. This unit actually had a special Board of Adjustment August 11, 2021 Page 2 of 25 exception in the past that was approved in 2016 (EXC16-00006) but it was discontinued for more than a year and so they need to apply for a new special exception to allow the use again. In terms of the criteria that are part of this special exception, there are no specific approval criteria so only the general approval criteria will be used to evaluate the proposal. Lehmann showed the subject property and an aerial of the Peninsula neighborhood. The subject property is directly across from the park in the center of the Peninsula neighborhood and that's the area that's designated for commercial uses. The zoning map shows that area is all pretty much low -density single-family residential (IRS-5) with the OPD. Lehmann reiterated it's the overlay that brings in these special development regulations that affect uses. So even though it is a residential single-family zone, it allows those commercial uses. He next showed a close up, it's the northmost unit in a line of buildings and how they have commercial uses on the ground floor and residential above. The unit has some outdoor seating that's next to it along the sidewalk. Most of the neighboring properties are townhomes. The proposed site plan that was included in the agenda packet is almost identical to the previous site plan from the site. They're largely keeping the interior of the space as it was from the previous restaurant. The Board of Adjustment is charged with approving, approving with conditions, or denying the application based on the facts presented. To approve the special exception the Board must find that it meets all applicable approval criteria. In this case the seven general standards for all special exceptions that are being reviewed and those are located at 14-4B-3A of the City Code. The first general criterion is that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. The proposed use is relatively small at about 766 square feet and since there was a previous restaurant that was approved in this space, the intensity of the property will not change substantially from past use. Similarly, the unit is already built out so access to the property and surrounding properties won't be affected. In the future if it does want to expand in any way it would require another special exception. Based on the size and its location in the neighborhood and some seating constraints that it has, staff believes that the use will rely primarily on customers who are already in the neighborhood, either residents or people who are traveling through the neighborhood, such as to the dog park or along the bike trails. The second is that the 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. As previously mentioned, the space was previously an eating establishment and it had minimal effects on neighboring residences, so staff doesn't anticipate any major issues. As far as other commercial uses in the area, staff has approved special exceptions, with some conditions that limit the hours of operation, their size, and exterior sound. The purpose of those were to ensure that the neighborhood commercial area retains a mix of uses, and that it does not negatively impacts surrounding properties. Staff recommends similar conditions for this use but does not believe that size limitations are necessary because if the use wants to expand it will require another special exception. Therefore, staff recommends a condition of approval limiting the hours of operation and preventing exterior amplified sound. As far as signage and lighting, they have to comply with the regulations in the Peninsula Code and Board of Adjustment August 11, 2021 Page 3 of 25 the City Code and they have to be approved by the Peninsula Neighborhood Architectural Review Board. The third is that the establishment of the proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses in the district. The neighborhood is fully developed, it's got a mix of residential and commercial uses, and the Peninsula Regulating Plan allows opportunities for commercial uses, specifically across from the park. Additionally, this building was already designed and built for commercial uses on the ground level, so staff believes that this criterion is met. The fourth criterion is that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. In this case, again it's already developed, there are access roads already and on -site drainage, the area behind the property is reserved for stormwater detention and staff doesn't believe that any additional facilities are required. Fifth is that adequate measures have been or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. Lehmann explained in the Peninsula Development Regulations, off street parking is not required for commercial uses that are less than 1500 square feet and therefore no parking is provided for the commercial use at the site. However, again based on its location and size, staff believes that the customers that are drawn will be limited, and a lot will be people who live in the neighborhood or who are already in the neighborhood for other purposes. Therefore, staff believes that adequate ingress and egress are provided. The six criterion is that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception will conform with all other applicable regulations in the City Code. Lehmann noted again the use has already been built and other aspects have been reviewed for compliance with the Peninsula standards with the Building Code and any changes to those previously approved uses, such as lighting or signage, will require appropriate permits and will be reviewed upon application. Staff believes this criterion is met. Finally, the proposed exception must be consistent with the Comprehensive Plan of the City as amended. Lehmann stated the Peninsula Neighborhood was developed using conservation and traditional neighborhood design principles that includes a variety of housing types, neighborhood commercial and live/work buildings such as the subject property. The Peninsula Regulating Plan includes opportunities for limited commercial uses where the building is located, so staff believes that the Comprehensive Plan criterion is met. Staff recommends approval of EXC21-0012 to allow an eating establishment in a Peninsula live/work unit for the property at 1040 Martin Street, subject to two conditions: 1. The business hours of operation must close by 10pm on Sunday through Thursday, and 11 pm on Friday through Saturday. 2. Amplified sound on the exterior of the building is prohibited. Board of Adjustment August 11, 2021 Page 4 of 25 Carlson asked if there are any limitations on when they can open in the morning. Lehmann stated staff did not place an opening time limitation. Carlson asked what the other uses in the Peninsula have as opening times, is there a standard practice or does it depend on each project. Lehmann confirmed it depends on the business. Some standards in the City Code place opening time limitations, for example rooftop service areas, but not in this part of the code. In this location with the proposed use, staff believes that closing limitations are more of a staff concern due to the possibility of late hour operations. Carlson noted there's no alcohol being served but if they want to serve alcohol then they would need to get a liquor permit. Lehmann confirmed they would have to get a liquor license, but it wouldn't technically convert from an eating establishment to a drinking establishment unless they were open past midnight. In this case, the applicant is not proposing alcohol at this time. Russo asked if the window openings are fixed or does this have the potential to open up a wall of windows to allow sound to leave? Lehmann believes they are fixed as currently constructed. They could always apply to put in windows that would open but that would still be interior sound and the exterior amplified sound condition primarily prevents putting a speaker outside to provide music for the seating area. Chrischilles closed the public hearing. Chrischilles asked for a motion so the Board could open discussion Parker moved for approval EXC21-0012, an application submitted by Elizabeth Homan requesting a special exception to allow an eating establishment use for a Peninsula live - work unit in a Low Density Single -Family Residential Zone with a Planned Development Overlay (RS-5/OPD) at 1040 Martin Street with the following two conditions: 1. The business hours of operation must close by 10pm on Sunday through Thursday, and 11pm on Friday through Saturday. 2. Amplified sound on the exterior of the building is prohibited. Russo seconded the motion. Russo stated regarding agenda item EXC21-0012 he concurs with the findings set forth in the staff report of this meeting date, August 11, 2021 and concludes that the general and specific criteria are satisfied, so unless amended or opposed by another board member he recommends that the Board adopt the findings in the staff report for the approval of this proposal. Carlson seconded the findings. A vote was taken and the motion passed 4-0 (Pretorius recused). Chrischilles stated the motion declared approved, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's Office. SPECIAL EXCEPTION ITEM EXC21-0009: Board of Adjustment August 11, 2021 Page 5 of 25 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. Pretorius opened the public hearing. Chrischilles asked if the Board should be considering this as a valid exception as staff may have based its findings on the wrong section of the Code. Lehmann explained the staff citation was an old citation that was incorrect. The actual section with the unique circumstances is the correct provision, staff just put the wrong number, it should end in seven instead of six. Lehmann stated EXC21-0009 is submitted by Axiom Consultants on behalf of CA Ventures to request a 50% parking reduction by special exception for unique circumstances for new mixed - use building at 21 South Linn Street. Lehmann noted this one also requires a second special exception that's included in the staff report regarding parking on the first floor of the building so those criteria will be reviewed and the Board will be voting on that tonight, as well. The subject property is 21 South Linn Street which is located in the middle of downtown, currently the US Bank surface parking lot that has a drive-thru building onsite. Lehmann noted most of downtown is zoned Central Business (CB-10) including the surrounding buildings but to the east is a public building, the senior center. This is in the Downtown Historic District which was recently approved and buildings to the north and east do have Historic District Overlays but the buildings to the west, the subject property, and buildings to the south do not. The Historic District Overlay designates local historic landmarks and provides protection to those buildings, but buildings without the overlay are not protected by the zoning code. Regarding the two special exceptions, one is to reduce the minimum number of required parking spaces by 50% for the subject property due to unique circumstances of the use, in this case they refer to student housing as the unique use. The second is to provide a portion of required parking on the ground floor in a CB-10 zone. Approval of these two special exceptions would facilitate redevelopment of the site into a 13-story mixed use building with commercial and amenity space on the first floor and about 229 residential units above. Lehmann explained that this is going to the Board of Adjustment and not to Planning and Zoning Commission or Council because by right they could build a building with the same envelope, but exceptions requested are required for the parking reduction and for the parking on the ground floor. In this case, the residential land use requires a minimum amount of parking so that's where the parking reduction comes in. As for current uses on the site, there's a non -conforming parking lot and a drive-thru bank. They've been around since 1962, though these uses aren't allowed downtown anymore. The subject property is CB-10 which is intended to be the high -density, compact, pedestrian -oriented shopping, office, service and entertainment area in Iowa City. It allows compact development with the goal of intensifying the density of usable commercial spaces, increasing the availability of open spaces or pedestrian ways, and supporting a healthy and vibrant commercial core. It encourages mixed -use buildings with storefront commercial and residential above. Lehmann noted there are two unique challenges to this property, one is the building to the west is historic but does not have a Historic District Overlay, it has windows on Board of Adjustment August 11, 2021 Page 6 of 25 the second story that could provide egress. The building is not currently used for rental units but blocking the windows could prohibit future rental permits. The second is that the First National Bank drive-thru building on the property is actually a contributing resource to the Downtown National Historic District that was recently approved. Again, it's not a local historic landmark and it's not in a Historic District Overlay Zone and the Downtown Riverfront Crossings Master Plan shows the site as one of the few remaining sites for strategic infill. With regards to minimum parking standards, they are intended to provide off street parking to accommodate most of the generated demand for parking, especially where sufficient on street parking is not available. They're also intended to prevent nonresidential parking from encroaching on nearby residential neighborhoods. The CB-10 zones are unique in that they are subject to maximum parking standards as well for private off-street parking. The goal is to preserve land for active uses and maintain a pedestrian oriented streetscape, so parking is addressed in the Downtown District at a district wide level which relies on consolidated off street facilities, on street parking and demand pricing to address parking rather than addressing it on a project by project basis. Residential uses are the only land use category in CB-10 that require a minimum amount of parking. Other uses do not and are subject to those maximum parking standards. In the application, they are requesting a parking reduction of 50% which is allowed by special exception where a specific use has unique circumstances such that the number of spaces required is excessive. Based on the current minimum parking amounts, the proposed project would require 135 parking spaces and by requesting a 50% reduction they would have to provide 67 onsite parking spaces. The concept includes 67 spaces in two levels below ground and a few spaces on the first story. Access to that parking would be from the alley north of the subject property, which exits onto either South Dubuque Street or South Linn Street. As for pedestrian access, that would be directly on the corner of East Washington Street and South Linn and there are some doors directly into the retail space as well. Lehmann showed pictures of the subject property, and a close up of the adjacent historic building which currently has a mural on the wall. He noted that is a temporary use until the subject property is developed, but there are also the windows along the side of that building on that second story. Lehmann also showed the concepts that have been provided noting they incorporated the height of the abutting buildings into the brick facade design and storefronts along the street. They are proposing a small mural wall as well and there are visual setbacks to the north and the west. Next Lehmann reviewed the floor plans that were submitted with the application. The first two levels are the underground parking spaces which would be have most of the parking. Level one has a few parking spaces but the remainder of the facade is retail space primarily on East Washington Street and a lobby, leasing, and amenity space along South Linn Street. There are also building facilities in the northeast corner, which is where that mural is proposed (that would include generators and trash and that sort of thing). For the second, third, and fourth levels they are planned as a backwards C shape. On the second story, they propose some outdoor open space and that C shaped continues up for levels three and four which is where the brick facade Board of Adjustment August 11, 2021 Page 7 of 25 is shown. At the fifth level is a stepback to the west on the south leg of the C and a cut out in the northeast which continues for the rest of the building's height. The Board of Adjustment is charged with approving, approving with conditions, or denying the application based on the facts presented. To approve the special exception, they have to find that it meets all applicable approval criteria and there are two sets of specific standards, one pertaining to the parking reduction and one to the first -floor parking. Finally, there are also the general standards that apply for all special exceptions. The first specific set of standards is from 14-5A-4F-7 (in the staff report, it read it as 14-5A-4F-6 which was the old citation, 14-5A-4F-7 is the correct citation) and states that where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive, the Board of Adjustment may grant a special exception to reduce the number of required parking or stacking spaces by up to 50%. For this exception, the applicant has requested the full 50% parking reduction due to the unique characteristic of the use stating that their unique use is housing for university students who prefer living in a walkable urban setting to having onsite parking. Staff finds that students generally exhibit lower demand for onsite parking and are more likely to use alternative modes of transportation such as walking, biking, and transit. Features that are specific to student populations include furnished units and on -site amenities such as a study lounge. However, it is not restricted exclusively to students, non -students may also reside there, but it is marketed and intended for students. As far as downtown residents, they tend to use the cars less due to proximity to the University, jobs and other services. The applicant provided some census data which was in the staff report but typical work commutes in census tracts near downtown show that 45% drive alone, 6% carpool, 39% walk or bike, 6% use public transportation and others work from home or use other modes of transportation. The subject property is in Census Tract 21 which is the most central tract and has the lowest levels of car usage at only 27% driving alone to work and 80% of residents living there are enrolled in undergraduate or graduate programs so that supports the claim that students exhibit a lower demand for onsite parking. Again, they are proposing 67 onsite parking spaces which would be 0.29 spaces per dwelling unit or 0.25 per bedroom. It does provide less parking than other recent student projects, The Rise at 435 South Linn Street provides approximately 0.6 parking spaces per dwelling unit or 0.34 per bedroom but staff is not aware of any complaints regarding spillover parking on that. The Gilbane Iowa City at 700 South Dubuque Street has been approved for 0.81 spaces per unit and 0.41 bedroom after it received a special exception using a similar rationale of student housing. Lehmann asserted however that special exceptions do not set precedent, he is only using this as an illustration of other student uses. Additionally, Census data supports that student housing has some unique characteristics such that the required number of parking spaces is excessive. The second set of specific criteria standards are in Section 14-5A-3D-5e which is that where parking in a CB-10 zone is located within the exterior walls of a building, such as on the ground floor, the following standards apply. First, the proposed structured parking will not detract from or prevent ground floor storefront uses and that storefront uses are a substantial portion of the ground level floor of the building. Additionally, on the ground floor, parking is not allowed within the first 50 feet of the lot. This concept does not show parking in that first 50 feet of building Board of Adjustment August 11, 2021 Page 8 of 25 depth, but that will be confirmed during site plan review. Approximately 72% of the street facing facade is intended for active nonresidential uses which includes retail storefronts, office, lobby and amenity space (which could accommodate future storefront uses). The remainder of the space is for support areas such as the trash, generators, stairwells, etc. The second criterion is that vehicular access to parking must be from a rear alley or private lane and the garage opening shall be built to the minimum width necessary. Vehicular access to the onsite parking is proposed from the rear alley and would come from primarily from Linn Street. The third is that any exterior walls on a parking facility that are visible from a public or private street must appear to be a component of the facade of the building through building materials, window openings, and facade detailing that is similar or complimentary to the design of the building. This concept shows that most exterior walls to the parking facility will not be visible because to the east and south it will be behind the building facades that will meet the central business site development standards. The garage wall to the west abuts the existing building. Exterior walls to the north are visible from the alley, which is not considered a public street, and the wall of the parking facility is set back 50 feet from the South Linn Street right-of-way. The final specific criterion is that each entrance and exit to the parking area must be constructed so that vehicles entering or leaving are clearly visible to a pedestrian on abutting sidewalks at a distance of at least 10 feet. Stop signs and appropriate pedestrian warning signs may be required. The concept shows the entrance and exit is more than 50 feet from the nearest sidewalk, which is the one to the east. However, staff recommends a condition that the applicant provide a convex traffic safety mirror or similar method of providing visibility or awareness of potential conflicts between vehicles and pedestrians who are using the alley. As with all special exceptions, the seven general standards that must be met are located at 14- 46-3A. The first is that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, or general welfare. There are 67 onsite parking spaces proposed, about 0.29 per dwelling unit or 0.25 per bedroom. The Institute of Traffic Engineering (ITE) suggests that average parking demand for multifamily high-rise multi -use urban has a parking demand of about 0.55 vehicles per unit or 0.3 per bedroom. Parking for recent high rise residential projects in the CB-10 zone also vary widely in their approach to parking. The Tailwinds project, which is not yet built, is a multifamily building with about 102 dwelling units or 186 bedrooms and they are providing 50 onsite spaces after receiving a reduction for historic properties (EXC20-07), their final onsite parking will be about 0.49 per unit or 0.27 per bedroom. The Chancy at 404 East College Street is a mixed -use building completed in 2017 with 60 units with 76 bedrooms. They provide 45 onsite parking spaces, which would be about 0.75 per unit or 0.59 per bedroom and those are in the Chauncey Swan ramp. Finally, there's Park @ 201 (201 East Washington Street) which was constructed as a mixed -use building in 2012 and has less dwelling units, 24, with 25 bedrooms, but they don't have any parking onsite, they have 14 off site spaces approved by special exception (EXC12-03) which comes out to 0.58 per unit and 0.56 per bedroom. Lehmann reiterated it varies widely in how parking has been accommodated, but for the proposed project, its per unit parking ratios are well below comparable projects but its per bedroom ratios are more similar because of the high number of one -bedroom units. Also the Board of Adjustment August 11, 2021 Page 9 of 25 ITE estimates are not specific to students, it is all downtown high-rise multifamily, and students are more likely to use alternative modes of transportation than estimated by the ITE. It appears based on Census data for Tract 21 that those parking ratios are appropriate. In addition, there are a couple public parking ramps within two blocks of the proposed building. However, there are waiting lists for those ramps and some of the submitted correspondence touches on this. The Tower Place parking ramp has 510 spaces and there's 625 at the Dubuque Street ramp and 475 at the Chauncey Swan ramp. The idea is that those would provide parking spaces for visitors or for those visiting commercial uses downtown. Currently, the site is occupied by a private parking lot and drive-thru bank. The concept does propose six new on street parking spaces which it would accommodate by reducing the parking entries to the lot and bank. As far as spillover uses, nearby streets are metered so it's not expected to impact on street parking in neighboring residential areas and tenants will have to consider reduced onsite parking in their decision making so it is likely that the project will attract tenants who require less onsite parking. Chrischilles asked if downtown residents are allowed to obtain permits for parking in the ramps. Lehmann stated there is no availability for residents, they could apply for it but they are not anticipated to support residential uses. Chrischilles noted then as far as the residential impact they can't rely on anything from the public ramps, but visitors could park in the public ramps. Lehmann confirmed the ramps are for visitors and others visiting downtown. Lehmann reiterated the First National Bank drive-thru building that's on the property is a contributing resource in the Downtown National Historic District and would be demolished as part of the project. However, the City's adopted plans indicate that the site and existing uses should be redeveloped because the existing surface lot and drive-thru uses are not allowed downtown generally and they detract from the vibrancy and pedestrian friendly streets that are envisioned for the downtown. It is explicitly shown in the Downtown Riverfront Crossings Master Plan that it is in the City's interest to redevelop this site. However, staff recommends that there be a condition that the historic nature of the site, including its current use and its use as the former City Hall, which it was prior to being demolished for the parking lot, be acknowledged to the satisfaction of the Director of Neighborhood and Development Services. Chrischilles asked what the definition of a contributing resource for the Downtown National District is and would that building potentially be listed by itself on the National Register. Lehmann stated it is listed as part of the district, but it is not an individually listed building nor designated as a local historic landmark. Lehmann continued to the second criterion which is that the proposed use 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 subject property and the surrounding properties are in the Downtown Historic District that was listed in May 2021, so 13 South Linn Street to the north and 28 South Linn Street to the east (The Yacht Club building and the Senior Center building) are local historic landmarks with a Historic District Overlay. As previously mentioned, the building to the west, 220-222 East Washington Street, is a contributing structure but does not have a Historic District Overlay. However, it is identified in City plans as a significant building, whereas the drive-thru bank is not. The buildings in the Board of Adjustment August 11, 2021 Page 10 of 25 Historic District are occupied by a mix of different uses, some commercial, some residential but they were largely constructed prior to minimum parking standards. The concept shows a brick facade matching the parapet height of the building to the west, and the facade must meet the Central Business Design Standards. This will be discussed more in criteria six, which talks about being compliant with other regulations in the Code, but it basically has requirements for windows and how the facade must look, etc. As far as nearby residential properties, again they vary in their parking supply and scale but there aren't really any single family uses in the immediate vicinity of the proposed use. Most of downtown residential uses cater to the same market segment as the proposed project, although some cater to high income households that prefer urban living. The concept includes six new on street parking spaces, but the onsite parking would be reserved for those occupants of the building. Again, within about two blocks of the project there are approximately 1600 public parking spaces in ramps so that would provide off street parking for customers and/or visitors. The proposed project will increase nearby pedestrian traffic, so that would likely improve the commercial viability of nearby businesses. Lehmann noted again that 220-222 East Washington Street has second story windows that could be used for egress directly next proposed building and if the development is less than five feet from those windows, they wouldn't be able to be used for egress which would prevent it from obtaining a rental permit in the future. The concept indicates that the second story would be more than five feet from the abutting windows, which retains the possibility of egress but staff recommends ensuring that egress is preserved. Carlson asked if that west wall will be the same distance from the building to the west from the ground up. Lehmann stated the concept shows it differently where it's about three feet on the ground floor and five feet at the second floor. Staff left their proposed condition open so the applicant can tweak their concept to either provide five feet the whole way across or they could cantilever something to allow access to those windows. In the condition they allow a couple ways of accommodating the egress, staff just wants to avoid negatively affecting egress for the windows of that property. Carlson asked what the fire code is. Lehmann replied the fire code is five feet for egress but it could be three feet on the first floor if the residents have a way out. Russo asked if that wall on the building to the west is a firewall. Lehmann stated it is an exterior wall. Russo asked if they intrude on that five-foot space, they probably raised the requirements. Lehmann replied potentially but staff is more concerned about what was the egress to those windows and it will have to be approved according to the fire code and the building codes. The wall does step back a little bit, it's not a flat wall, it steps back, so there is even a possibility where it just has to be five feet from that building face where it could be three feet and maybe it does meet that but the applicant would have to show that in their site plan review. The third criterion is that the specific proposed exception will not impede the normal and orderly development improvement in surrounding properties for use as permitted in the District. Lehmann noted the Downtown District is obviously predominantly already developed, there are a few sites that the City has identified that are appropriate for redevelopment. A lot of downtown is historic and the City wants to preserve those historic buildings. As far as those specific sites identified for potential redevelopment, they wouldn't be impacted by the proposed project. The one that would be most impacted is the abutting property that is not part of the project on East Board of Adjustment August 11, 2021 Page 11 of 25 Washington Street, which is a historic structure which the Downtown Master Plan shows should be preserved so redevelopment is not expected and should not occur at that site. Based on those findings, staff doesn't believe that the normal and orderly improvement of nearby uses will be impacted by either the proposed development or the parking reduction or the parking on the first story. There may be some temporary closures due to construction in the public streets, but those are temporary rather than a permanent impact. The fourth criterion is that adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. Lehmann noted there are existing streets and the alley, which provide adequate vehicular and pedestrian access. The site also has excellent access to public transportation, there are several bus lines that run on East Washington Street right against the project. As far as utilities, drainage, and other necessary facilities, those will be evaluated more thoroughly during site plan review and the building permit processes. So similar to things like fire code, all of those would be reviewed by the City at that point in time. Fifth, adequate measures must be or will be taken to provide ingress or egress designed to minimize traffic congestion on public streets. The parking entrance is at grade on the alley to the north and they would expect vehicular access to primarily be on South Linn Street. People may exit west towards South Dubuque Street. Additionally, some existing vehicle access points will be eliminated, which would prevent some vehicular conflicts and would focus traffic at the alley. Also new public parking will be constructed in the East Washington Street and South Linn Street rights -of -way which would help support some demand for short term on street parking for nearby commercial uses. The pedestrian access would be along the sidewalks that are by the building and the street improvements would also facilitate that continued pedestrian use. Sixth, other than the specific regulations and standards being considered that in all other respects the special exception must conform with the applicable regulations for its zone. Staff looked at the dimensional requirements and the Central Business Site Development Standards for CB-10 zones. First, for dimensional requirements, there are no minimum lot or setback requirements, there is a maximum setback requirement of 12 feet, which the concept appears to meet. There's no maximum height limit in the CB-10 zone, rather height is regulated based on the floor -area ratio, which is essentially the lot area multiplied by the floor -area ratio number. In a CB-10 zone, that base level is 10 and can be increased with bonuses which are not requested in this concept. The proposed use is within that 10 floor -area ratio. The other height requirement is due to the Federal Aviation Administration (FAA), they have a 155-foot height limit there. Additionally, the open space requirements can be tricky, but up to 50% can be met with indoor space and outdoor space can include rooftop courtyards. In this case, there will be an outdoor courtyard on the second and fifth stories and indoor amenity space which will exceed the required 2700 square feet of open space, though they need to meet design criteria that makes the outdoor space useable. This will all be checked during site plan review. The Central Business Site Development Standards on the other hand ensure that downtown development is compatible with pedestrian friendly streetscapes and adjacent uses. This concept addresses standards related to commercial space, minimum windows, building articulation, differences in facades providing visual interest, and it meets standards related to building entrances and other similar requirements. The project may require a minor adjustment however due to requirements Board of Adjustment August 11, 2021 Page 12 of 25 in the CB-10 zone that the first two stories of the building be built to the side lot line which is somewhat complicated by this special exception. However, the building official may approve minor adjustments to this requirement to accommodate irregular lot lines or structural requirements, such as installing footings or foundations that maintain the structural integrity of adjacent buildings. The goal is to prevent unsafe or unkempt spaces between buildings, for example if there is a very narrow alley it's easy for trash to accumulate. Based on the concept, there is the setback for egress from the abutting building that staff believes is necessary because of the special exception requirement that an exception can't impair adjacent properties, so a minor modification would be necessary for egress at the second story of the property. Staff recommends a condition that there be design features incorporated, whether that be gates, shielding, something to block off that space from trash, to prevent unsafe, unkept spaces between buildings and staff recommend requiring that be approved prior to the certificate of occupancy. As far as other standards, staff will review those during site plan review and building permit processes and including ensuring that they meet that FAA height requirement. The final criterion is that the proposed exception must be consistent with the Comprehensive Plan of the City as amended. The Comprehensive Plan Future Land Use Map shows this as a general commercial area and includes a goal to maintain a strong and accessible downtown that is pedestrian oriented with strong, distinctive cultural, commercial and residential character. One of the objectives is to preserve the historic mainstreet character of downtown while encouraging appropriate infill development to enhance the economic viability and residential diversity of the area. The Downtown Riverfront Crossings Master Plan provides more specifics regarding this and shows this site as a strategic infill site, it's one of the remaining surface lots downtown and suggests that redevelopment may consist of a high rise building where at least the base occupies the full site. The concept shown in the Plan is one floor of commercial space with eight stories of residential above, it doesn't include any onsite parking, and it includes stepbacks from adjacent historic buildings. Carlson had a question about the residential and the commercial space. The floor plan for the ground floor has amenities for the apartments upstairs, they have a rental office for the apartments upstairs and is that still considered commercial. It seems to go with the residential rather than the commercial and then there's only 5000 square feet of retail space. In most other buildings the first floor is commercial with apartments above them, and they have a small door with a hallway leading to go upstairs to the apartments above. Lehmann acknowledged that would be a decision that the Board would need to make, but staffs interpretation was all of those uses would be allowed within commercial space on the first floor. Even though it caters specifically to the residential uses above, staff still identifies that as commercial storefront space. But again, that would be up the purview of the Board to interpret. Chrischilles stated going back to the last point, according to the Comprehensive Plan, it envisioned a nine -story building with a step down to a four-story next to the historic properties adjacent to it, but this concept is a 13-story building. Lehmann stated staff does not interpret the Comprehensive Plan literally as to stories or even the floor area ratios that are provided in the Plan. The Plan has some very detailed specifications that are tied more to market studies, but staff has not interpreted that literally in other cases. Board of Adjustment August 11, 2021 Page 13 of 25 Dulek reminded the Board that the Comprehensive Plan is a plan, it's not City Code nor adopted by ordinance. Its a vision to provide general guidance to the development so simply because something shows it's nine stories does not mean that must be nine stories. Chrischilles recognizes that but noted this standard says that it's consistent with the Comprehensive Plan. Dulek agreed but noted it doesn't have to be consistent with absolutely everything in the Plan, nothing is ever going to be consistent with absolutely every item in the Plan, the Board just has to decide whether it is consistent or not, it is a plan and a vision is to provide general guidance. If after looking at all of this, the Board concludes if it is consistent or not. Lehmann added the Plan does incorporate some specific guidelines as to how they might interpret consistency with the Plan and that's what staff looked at as it was evaluating the application. First new development should not be located on sites that contain historic buildings. Second, active uses such as ground floor retail, not blank walls, should front onto street frontage and the city plaza, that upper floors should contain office, commercial, and residential uses, and buildings should be built to property lines. Corner location should be reserved for taller buildings creating a block structure with taller buildings on corners and lower scale historic buildings between them. The taller buildings on the corners should have a lower base consistent with adjacent historic buildings to make them feel contextual with the rest of downtown, while limiting the perceived height of the towers and that parking should be located both on street and behind storefronts in parking structures. Lehmann stated with regard to these, the First National Bank drive-thru building is listed as a contributing property in the National Register of Historic Places but as far as the uses that are on the site, the surface parking lot and the drive-thru use, they are underutilized compared to other uses downtown and what is allowed by this zone, they promote auto usage, they don't support a vibrant pedestrian experience and the intent of the Downtown Riverfront Crossings Master Plan was always to demolish that building and redevelop the site. As far as other standards, the concept shows active uses on the ground floor, parking behind, residential uses above and the property on the corner has a taller building, it also has a lower architectural base with stepbacks to reduce the perceived size of the building. That's part of the contextual piece but based on the analysis that staff provided, staff believes those criteria are met, but that is for the Board to interpret as to whether they believe this standard is met, and it's up to the applicant to make that case to the Board. As far as other goals in the Comprehensive Plan, Lehmann stated it includes some goals and objectives that support public art, and while the redevelopment will cover the mural on the abutting wall to the west, that mural was intended as a temporary use until the site redeveloped. Staff did get some comments on the loss of the mural, but the proposed building also includes a mural wall to help somewhat mitigate that loss. The Downtown Master Plan also notes that the City addresses parking demand through a parking district approach rather than a project by project approach. The reason it does that is to achieve the desired level of development downtown based on that Plan. Again, the Master Plan encourages pedestrian friendly development that builds on the strengths of downtown and that includes proximity to the university for student uses and reducing parking. As a result, staff believes that reducing parking to promote redevelopment of the subject property and providing that parking on the first floor is consistent with the Comprehensive Plan. Based on the findings that are in the staff report and were summarized in this presentation, staff Board of Adjustment August 11, 2021 Page 14 of 25 recommends approval of EXC21-0009, to reduce the minimum parking requirement by 50% and to allow parking within the exterior walls of a building in a CB-10 zone for the property at 21 S. Linn Street, subject to the following conditions: 1. Substantial compliance with the concept dated July 30, 2021. 2. The historic nature of the site, including it being the site of the former City Hall among other uses, shall be acknowledged, to be approved by the Director of Neighborhood and Development Services prior to issuance of a certificate of occupancy. 3. Clearance of at least 5' shall be provided from the face of the existing wall where existing windows are located that may provide egress, to the face of the proposed building. This clearance shall be either at or above ground level such that emergency egress be provided to the satisfaction of the Building Official. A perpetual emergency escape easement shall also be required to provide for future egress, to be recorded prior to issuance of a certificate of occupancy. 4. Incorporation of appropriate design features to prevent unsafe, unkempt spaces in the setback between the subject property and the property to the west must be approved by the Building Official prior to issuance of a building permit and must be constructed prior to issuance of a certificate of occupancy. 5. A convex traffic safety mirror or similar method of providing visibility or awareness of potential conflicts between pedestrians and vehicles using the alley shall be provided prior to a certificate of occupancy. Staff fielded a few inquiries over the phone and then received several written comments. Three of them were included in the packet, four were forwarded to the Board prior to the meeting, and Lehmann will summarize some of those discussions that were provided and some of the feedback, and some commenters may also be present tonight to speak to the Board as well. The first comment received was from Hockett that noted the concept seemed too tall and asked if the City had considered purchasing the lot as public open space. Second, Weitzel noted that the proposal would be problematic if it demolished to 222 East Washington Street and also said that the loss of the recently listed drive-thru building is regrettable, but it's not a locally designated landmark. Kubby noted that the current parking lot and drive-thru are not the highest and best use of the property, and she appreciates the incorporation of step backs and cutouts into the building design. As for late submittals, one was from Bird with the Iowa City Downtown District who noted support for the request because it tries to fit into the downtown and the furnished units will likely draw students who will require less parking. Also that onsite parking is not possible and the property should be redeveloped despite the drive-thru bank. Kading noted that parking should not be reduced because it's already limited downtown including in nearby ramps. He also noted that the alley may be problematic as two businesses currently use it and it doesn't have snow removal and there are dumpsters that might affect navigation. He noted that he doesn't believe the project meets general criteria one and two. Clark stated the parking should not be reduced because it would cause congestion downtown, that downtown Iowa City needs more parking, that the parking will drive businesses out of downtown as result, and that the unique circumstance clause is intended for smaller projects. Finally, Miklo noted that the application should use a fee in lieu instead. Lehmann explained that was part of the confusion with the citation but that was not the criteria that staff was evaluating it by. That would require a Code Amendment because the fee in lieu doesn't allow demolition of a historic building. Miklo Board of Adjustment August 11, 2021 Page 15 of 25 also noted that the Code section was not intended for student housing as a unique circumstance, that the proposed use does not meet the step backs in the Comprehensive Plan and that a smaller development should be considered instead as student housing is planned for other areas of the Riverfront Crossings District and he included an image of the subject property that is in the Comprehensive Plan. Lehmann showed that image of strategic infill on Linn Street to the Board which shows significant stepbacks to the north and west and the building being nine stories. Lehmann noted again the Plan generally is a guiding document and it's up to the Board to determine what they believe consistency with the plan is. Lehmann also noted that Bob Miklo was the former City senior planner who was here when the Code was initially created. Chrischilles asked what the setbacks on the current proposed building are. Lehmann replied the stepback to the west is approximately 20.5 feet and the cut out in the northeast corner is 26 feet from the west property line and 32 feet from the north property line. There's not any significant stepback on the south side, the Washington Street -side of this building. Lehmann pointed out on the site plan that shows the stepback and cut out are at the fifth story. Carlson noted for the courtyard on the west side, it would not be visible from the street a great amount and therefore does not affect the visual bulk of the building from Washington Street. The Comprehensive Plan is a direction, but it talks about a lower architectural base with stepbacks to reduce the perceived height and bulk of the building but if there is no significant stepback from Washington Street, then that doesn't coincide with the suggestion from the Comprehensive Plan, nor does it seem to keep with some of the other high rises that have been built downtown. Lehmann stated there are actual stepback requirements in Riverfront Crossing zones, but not in the Central Business zone, and that provides some stepbacks that look a little different than what is proposed here. When staff looked at stepbacks, they interpreted it based on the image from the plan that shows stepbacks from the west and north, which help limit the perceived size of the building. Dulek noted the Board needs to ask staff questions and then they can converse among themselves about issues during the discussion time. Andrew Savo v (CA Ventures) prepared a slideshow that began with an aerial of the site as it currently exists. There are six curb cuts along the east side of the site and one to the south. In their opinion those seven curb cuts greatly reduce the walkability around this site because roughly every 10 feet there is a space where a vehicle could drive over the sidewalk. Their project eliminates all of those and increases walkability at the pedestrian level downtown, which they think is a benefit. This project will have 2500 square feet of retail along Washington Street, which they perceive to be the best street for retail. Then along Linn Street they have mostly active uses, they're not technically retail, but they're active. This would be likely a fitness center for the residents and a leasing office, so it's going to be a fully staffed building and these uses will have an active presence along the street. He understands that's not retail, but retail is not necessarily always active as a use, it could be a cell phone store and that would be not very active. Therefore, they think that these uses are more active than some uses with certain retailers. Then along the northeast corner of the site is where they will have the utility area and this area must flank one of the property lines along one of the main streets because they have Board of Adjustment August 11, 2021 Page 16 of 25 to connect in with utilities from the street. In that area they will have more of an opaque wall but are proposing that be a mural wall that could be designed maybe in conjunction with a downtown arts group to mitigate the loss of the mural that's currently on the adjacent property. Savoy also stated they have done due diligence investigation of the site, including borings, and they encountered the water table at 30 feet below the surface of the site. Therefore, providing additional underground parking is infeasible and providing parking above the first floor they think would greatly detract from the charm and character of the area. Savoy also noted that, as Lehmann mentioned, a few other projects have been approved for similar reductions and those projects have a higher quantity of three- and four -bedroom units in some cases and the Code - required parking for those units is much higher per bed. So the actual percentage reduction that they're requesting is actually in line with the other projects that have been approved. He acknowledged they understand that does not set a precedent just because a previous project has been approved. Savoy showed the renderings and noted they designed their building to acknowledge the adjacent historic character of the downtown neighborhood. He showed a view of the building from the corner noting that they've set back from the west and from the north to make the tower a separate architectural element than the base which results in an elegant, thinner tower, rather than the thicker one that they were proposing prior, and the base relates to the historic architectural language of the surroundings. Savory also noted in the Comprehensive Plan it does not show a setback from the south and that's what they were also looking at as staff brought up and so that's how they arrived on this general massing. Savory reiterated they will be providing additional walkability, much greater than what currently exists at the site, additional retail and active uses around the perimeter at the pedestrian level, six additional street parking spaces that would be for the public and are not included in their parking numbers, an opportunity for public art, 270 residents that would patronize local businesses around the area, and likely additional taxes to support downtown infrastructure once this is completed. They are excited to proceed with this development and thank the Board for their consideration. Chrischilles asked if there an area in the building that has been set aside for scooter and bicycle parking. Savoy confirmed there is bicycle parking in the center of the first -floor plan. For scooters there are two parking spaces at the entrance of the building and those two parking spaces could either be two full spaces or six scooter spaces, depending on the need. Chrischilles asked if those six spaces are the only provision for scooter spaces in this plan and Savoy replied that only up to 10% are allowed per Code, so that would be six spaces. Carlson asked about the three parking spaces on the first level, where are those and would they have to back out into the alleyway. Savoy stated there's one space in which that would be the case, it's labeled the manager space on the plan, from the alley they would pull directly into that manager space. They are also considering the idea of incorporating a shared Zipcar concept in which the students would be able to rent out a shared car that could be in that space. Then there are two spaces at the entrance of the ramp after entering the overhead door and the property where one could take a left and park in either of those two spaces. They are also considering those as potential scooter spaces. Lehmann stated that with the scooter spaces, even though it would be six spaces it still counts as two because two parking spaces can be converted to six scooter spaces. Board of Adjustment August 11, 2021 Page 17 of 25 Carlson asked if a car parked in there could turn around and leave the building going forward. Savoy said the two spaces labeled scooter spaces may be able to back up and leave the building going forward. The space labeled manager space would have to back up into the alley. Carlson asked if these parking spaces will be used possibly for the people who work in the retail space or are involved in the leasing space rather than the apartments above. Savoy agreed that is true depending on the retailer involved and how many spaces they need so they may sanction a certain number of spaces within the building for them, depending on what they need. Carlson asked if they are asking for a 50% reduction of parking spaces for the residential area and if those three spaces are included in the 50%, because if so, then the reduction will be a tad bit over 50%. Savoy confirmed that is correct, however no spaces are required for retail. Lehmann confirmed no spaces are required for retail. Carlson noted the applicant talked about making spaces available as a nice gesture for the retail space but if they are asking for a 50% reduction of parking spaces, and then three of the spaces are not going to the residential area, then instead of 25%, it'd be like 24.9%. Savoy said they have not settled on any number of parking spaces for the retail at this point but would be happy to take a condition to make it zero, if that's a decision point. Russo asked how many staff members they will employ and where will they park. Savoy noted likely between six and eight staff members. They have one space labeled manager space, so one of the managers would park on site and the rest of the employees would park off site. They do have other community assistants that would be residents in the building, and they would either park in the building if they choose to rent a space or park off site if they choose to store their car in one of the university lots. Russo noted these parking spots will not be first come first serve, they will be leased. Savoy confirmed that is correct. Chrischilles asked if there is any cap on the number of occupants per unit. Savoy noted at this point they are not proposing double occupancy beds, which is when there are two beds per bedroom, right now it's only one bed per bedroom. They will have 270 residents in 229 units because there are 41 2-bedroom units and all the rest are one resident per unit. He stated there would only be 270 residents max, and their average occupancy is around 95% which would be 255 expected residents. Karen Kubby (Co-owner Beadology Iowa, 220-222 East Washington Street) is happy those buildings [220-222 E. Washington Street] are going to stay standing as she was trying to figure out how to save the buildings and her business at the same time. She has a question about the appearance of a setback on the Washington Street and Linn Street facades. Maybe it's just a visual thing, because it's a change from brick to whatever the facade is, but it appears to be maybe 10 inches and she questions what is that setback from the outside of the facade to the tower. The appearance of setback is important to her as she has not been in favor of some of the larger projects in downtown Iowa City in the past because they haven't understood the Board of Adjustment August 11, 2021 Page 18 of 25 context in which these buildings will be placed. So part of her support for this project is that it understands the context of downtown Iowa City. Not only is the use unique in terms of criteria, but this lot is unique, and she has always thought that parking is just not the best use of space in downtown Iowa City. Even though it would negatively impact her business to have this lot under construction for 24 months. For activity downtown and on Washington Street, currently the storefronts, Discerning Eye and Beadology Iowa, that have any ins and outs, so foot traffic, on Washington Street, and the ability to be successful as a retailer there is harder than on the other side of Washington Street. Adding more retail space will create more foot traffic and in and out, that makes any retailer in those three spaces more successful. Kubby added for the public record, even though she said it in her letter in support of this project, that she is currently needing to leave to 220-222 East Washington Street because of a new landlord and circumstances that aren't tenable for her to remain. While she is not sure she can move again in two years into this new property, she is going to keep in contact with CA Ventures about that, because Washington Street is a great place for Beadology Iowa, it's been their home for 15 years. They are a 35-year heritage business family owned in downtown Iowa City. Kubby thinks it's important for people to know that she does have that interest in seeing this project go but also a greater community interest to make sure it's good for downtown. Her personal interests are not always the most important for her because she is going to land somewhere else and may or may not move back to Washington Street. This lot is unique because it's on the corner and because it's kind of small and no matter what development is proposed here, it's going to need a special exception for parking, whether it's an eight -story building or 13-story building, because of the water table issues. Kubby also wanted to note that the reason the drive-thru building was a part of that historic record is because when they looked at doing the application for a Historic District downtown, they wanted the Ped Mall to be included, which meant it had to be things at least 50 years old. So compared to 220, 222 and 218, which are 1883 buildings the historic asset is much different with those buildings than it is for the drive-thru building and if those are maintained this lot will never be developed and it will remain a surface parking lot which is not the best use of downtown property. Pretorius asked if staff has information on the setback question. Lehmann noted the architect should but staffs interpretation was it is minimal enough where it's a negligible stepback on the south and east sides for that tower when looking at the concept that was provided. Savoy stated there are typically only four to six inches between the brick and panel walls, but there are places in the facade that are stepped back by 30 inches. If they look at the roofline, they can tell there are two areas stepped back in that way to provide relief. One area along Washington Street is step backed in that way, and the elevator shaft is about five feet taller than the rest of the building, but it is set back 18 inches as well, to provide that depth of the facade. Maggie Elliott noted she is in favor but has a question if the Board of Adjustment has the power to condition their approval. For instance, could they say that they require the design to be reviewed by the Historic Preservation Commission to ensure it's consistent with the existing fabric of downtown. Dulek stated any conditions placed would have to be tied to one of the standards. Board of Adjustment August 11, 2021 Page 19 of 25 No further members of the public wished to speak but the Board had additional questions. Carlson asked about the alleyway and if cars are coming out on the alleyway what is the impact of this traffic on Studio 13 or whatever bar has an entrance on the alleyway that will be almost directly across from where people go in and out of this building. Lehmann replied that staffs consideration of traffic impacts on the alleyway was peak hours versus the use of businesses that are on the alley and those probably aren't going to line up in staffs opinion. There will be congestion in the alleyway, but alleys are intended for the use of different vehicles rather than pedestrian access typically. As far as getting out from the alley into the street, they're going to have to yield to traffic and abide by the rules of the road. Carlson is concerned about pedestrians exiting that bar and the traffic that might be involved there. Carlson asked what the City's responsibility is as far as alleyways go and making them safe. She is concerned about ice removal, pedestrian versus vehicle traffic. Lehmann replied it depends on the alley, the City does not clear ice in downtown alleys. Savoy noted the building will have on site staff and management, including an engineer, and they typically perform snow removal around the boundaries of their buildings and that would include that leg of the alley as well to allow for easy access to their parking. Carlson stated one of her concerns was that one of the cars would back out into the alleyway and the Code states a pedestrian needs 10 feet to see the vehicle, but that's not possible in this situation and how will they deal with this type of situation. Staff mentioned putting in a convex mirror to help see if there's any traffic but she is concerned about people exiting that bar. Lehmann clarified staffs concern regarding the convex mirror is where the alley exits by the sidewalk, which is where the majority of pedestrian traffic would go. As far as use of the alley by pedestrians, there can be backup parking in alleys, and yes this alley has more pedestrians than others due to the businesses, but staffs opinion was that was not a major concern. Carlson noted the City allowed that bar to be put in there, Kading wrote a letter about this, about his concern about the impact of this structure on his property across the alleyway. Russo noted Bob Miklo refers to payment in lieu of parking and how does that come into play here. Lehmann stated there are multiple different routes that parking reductions can occur. Staff and the applicant explored a fee in lieu parking but because of the presence of the drive- thru building listed on the National Historic Register, they can't demolish that property and use the fee in the parking. Russo thought the drive-thru is not listed. Lehmann stated it is listed as a contributing structure that is part of a National Historic District. Since the fee in lieu did not appear to be a viable option, given the characteristics of the site, the applicant applied through the unique circumstances provision rather than the fee in lieu of parking provisio. Russo also noted Mr. Miklo also refers to the fact that in many buildings downtown there was a reduction in parking requirements. Was there an existing reduction in parking requirements for many of the residential structures downtown and this is a step further? Lehmann stated Mr. Miklo was referring to lower minimum parking standards in zones that are typically used downtown, whereas further from downtown, those minimum standards increase. So his interpretation was that because there are lower minimum standards downtown already, this Board of Adjustment August 11, 2021 Page 20 of 25 constitutes a further decrease. As staff evaluates it, though, they look at the Code that currently exists and the criteria and that's how they made their analysis. Pretorius asked what year the comprehensive plan was adopted. Lehmann believes the Downtown and Riverfront Crossings Plan was in 2013. The plan has been subsequently updated a couple times. Pretorius closed the public hearing. Pretorius asked for a motion so the Board could open discussion. Parker moved for approval 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. Chrischilles seconded the motion. Russo has a list of questions and the primary one is how the building became 13 stories. It is his understanding that zoning has to be based on something and it's based on the Comprehensive Plan which is the accumulation and collaboration of a lot of study and thought and forward thinking etc. and if this is completely arbitrary, then he finds this body at a complete loss on what to base their recommendations or judgments on. The Comprehensive Plan, or at least the Downtown District Plan, states that any new development tie into the existing atmosphere. The Plan suggests nine stories with a tower separated from the base and now suddenly this is neither, it is 13 stories and no distinct stepback. Parker noted they don't need a stepback in the CB-10 zone. Russo states the Rive rfront Crossings Plan made a drawing and recommends that it be based on that. Parker replied that's the Plan, it's not Code. Russo acknowledges it's not law, but any variation from that jeopardizes the Plan. Parker stated it will still have to go through City Council and Planning and Zoning. Chrischilles stated this will not go to Council or Planning and Zoning. Russo stated he is not disputing the benefits, but he'd like to see it finessed a little more and one of the ways to finesse it might be to conform it to the recommended Comprehensive Plan requirement suggestion of nine floors. He thinks 13 floors is a lot for that corner. Russo's next question is the need, this development is in the premiere real estate of Iowa City so why does the City need to offer incentives to developers. Why give the further reduction to the parking requirement if it's already reduced. Where will the excess parking occur. It'd be interesting to know, for instance, these large structures like The Rise, on South Linn Street, there's not a parking spot available on the entire street past the metered spots, and who's to say that those aren't customers of The Rise. So where will the parking from this development go. They know that students have cars, they have to go to Target and home. Board of Adjustment August 11, 2021 Page 21 of 25 Russo's last concern is with this structure and the introduction of 229 or 250 people downtown is the City making any allowance or increasing green space for this increased density. Dulek reminded the Board to keep in mind the standards of the special exception and whether any of these standards have or have not been met. If there's a particular standard they feel is problematic, she advises them to speak to that. Carlson would like to speak to number six of the specific standard 14-5A-4F, where it can be demonstrated that a specific use has unique characteristics, such that the number of parking or stacking spaces required is excessive or reduce the ability to use or occupy a historic property in a manner that will preserve or protect the history. When the Tailwind project was done, they did get a 50% reduction, but she broke this down because these units have different amounts of bedrooms but The Tailwind has a 0.27 spaces per bedroom. That is the lowest one before this project but part of the reason they got that was because they were attempting to protect the facade of the buildings on the Ped Mall, so there was a distinct reason for that reduction, so she went along with it. For this project, it will be 0.25 spaces per bedroom so is the goal to see how far down they can go on the amount of parking spaces per bed. When they did the parking thing back in the 90's they took into consideration that these apartments or these units downtown would be inhabited by a wide variety of people and the parking would not cover everything, but it would cover a large amount. Now these people, especially with students, are saying they're a special group and therefore should get special privileges. Carlson feels in doing that are they negating the zoning law that was set up and was agreed upon by a number of people. Are they ending up doing a type of spot zoning and participating in a run-around of the parking requirements? She feels uncomfortable constantly giving a deduction in parking because someone comes and asks for it and says that they are this special group of people that do not need all this parking. She would like to see it go before the City Council and the Planning and Zoning Commission and discuss this overall rather than having this done case -by -case. Carlson's other concern is the people who ask for these major deductions, the Board of Adjustment is supposed to do special exceptions, that means not very often, and she would assume that means it's tweaking a small problem. This parking reduction is the second one since she's been on the Board that they have dealt with and these are not little tweaks, these are big tweaks, and is that the purpose of this Board of Adjustment. Dulek stated the purpose of the Board of Adjustment is to review the standards set forth by the City Council and determine whether the applicant has met them. That's the purview, they need to look at the standards, both the specific and the general and see whether the applicant has met them or not. That's the purpose. Carlson then questions whether this has unique characteristics. Number six asks if there are unique characteristics that the number of spaces required is excessive. (Lehmann clarified that is number seven, there was an error in the staff report, the citation is 14-5A-4-F7.) Chrischilles stated first, he'd like to say that he is not opposed to redevelopment on this site but as he was reviewing this he was having trouble consolidating his problems with it. He agrees Board of Adjustment August 11, 2021 Page 22 of 25 with Carlson regarding that standard about uniqueness. He doesn't think this project establishes uniqueness. It's a residential building for students, that's not unique. The other standard that he doesn't think is fully met is General Standard 2, the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity. Chrischilles thinks it is injurious to the Yacht Club and to Studio 13. He has a problem with the use of the alley as the main in and out to this building. He doesn't know how else they can do it but it's too much congestion in an inadequate space. So those two things are the main things he was having trouble consolidating in his thoughts. Then the Board got this late letter from Robert Miklo, who obviously is more qualified than any of us on the Board to analyze this problem, or this consideration, and Chrischilles thinks that the things Mr. Miklo brings out are valid points that they can use to tweak this proposal. Again, he is not opposed to developing a residential building on this site, they need something to go there, but the proposal is too big. As Mr. Miklo suggests, the City should consider a Code Amendment to 14-5A4-F6 to allow the redevelopment of properties containing National Register Buildings, which would then allow them to tear down the bank building and also allow them to collect parking fees. Chrischilles thinks if they're giving somebody an exemption from a requirement, they should pay for it. If City Council agrees a Code Amendment should be granted, then Chrischilles would suggest the project as proposed is not in line with the Comprehensive Plan and nine stories with a setback to four stories would be much more agreeable in terms of visual and density to the to the area. Chrischilles' suggestion is that is that they send this back to Council to get that amendment and then the developer comes back with a redesigned building that more closely is in line with the Comprehensive Plan and it can be approved. Parker stated he is for the project just from the stance that student housing will not use parking as dense as we typically are used to. As a member who bicycled here, he asks how everyone got to this meeting and if they live in the downtown area, and use a car, then they are contributing to limited parking. But those that do not park, do not use those facilities, use public transportation to get around downtown. It is unique and the standard, as told by staff, meets these standards and he thinks they should go forward to the project. Pretorius tends to agree that student housing is unique and if student housing isn't unique, she asks the other Board members to tell her what would be unique in their minds. They have only the information that's been given to them, and they've been given a US Census study that says around 51 % of people living in these areas travel by vehicle. Regarding the alley access, any building that goes here someday will have to use that alley in some form. This building will have only 67 parking spaces, if each vehicle exited and entered the building each day, that's around 134 ins and outs and that might take only a minute each time and there's over 1500 minutes in a day. So yes, it will be happening but it will be for a super minority of the minutes of the day. Also the hours of operations of the businesses, the Yacht Club and Studio 13, the hours of those establishments are very unique, they're late and may not actually run into the hours that people may be coming in and out of this building. Pretorius also commented on the Comprehensive Plan from 2011, it has already had multiple revisions and the reason it has had multiple revisions is because things have changed since 2011 and ideas may not make sense anymore. Also, from working with Mr. Miklo historically she has noticed knee jerk reactions related to density specifically. She understands this project compared to the renderings of what Board of Adjustment August 11, 2021 Page 23 of 25 they expected these properties to one day be developed to look like can change and could be disheartening to some degree, so there might be a little bit of an emotional attachment to that specific concern. She also agrees with Parker that they do need to consider how things are changing with regards to vehicles. It's generation by generation and is changing. Vehicles are becoming electric, they're becoming automated, Uber service completely changed the industry regarding different kinds of transit. Public transit is fantastic in this area, and they just always need to be considerate of what are the studies and the science, the information being provided and actual information versus what they have been used to historically. Pretorius acknowledged many valid concerns and points have been made tonight by all Board members. Parker agreed with Pretorius on automation and vehicles, wondering how many people are going to have a license in 10 years, the current generation getting out of high school are not getting their licenses as quickly. They need to be thinking about the next generation as they put this to a vote. He knows historically, there is a gap in their ages, but if they come together, if they vote on something that will contribute to downtown Iowa City, and not the suburbs, he thinks they will make Iowa City more livable and more pedestrian friendly. They don't want to stare at a surface lot for another 25-30 years, but that is not up for vote today, it's making the City more livable in the area that they have. Pretorius admitted she had the same feeling too and was originally taken back by the lesser amount of commercial space on the first floor, always hoping for more stores and businesses to visit when she comes downtown. But then again, the last two years have taught her that brick and mortar stores are dangerous to some degree, and she wouldn't expect somebody who's getting ready to build a brand-new building to build a bunch of commercial space and offices as so many have recently shut down and are currently vacant downtown. She loves the idea that there is some space essentially reserved for some commercial space and hopefully that is in fact what goes there. Chrischilles reiterated he is not opposed to redevelopment of this property and thinks it will happen and he thinks it's a good idea. He is not opposed to the residential use but does think that the project, as it is now, is excessive. He would like the Board to consider his comments about sending this back to Council for two reasons, one to get another set of eyes on this and two to see if they think the Code should be amended, such that the bank building can be demolished with the application of parking fees. He doesn't think that this should be a freebie. He also thinks as part of that compromise they should just ask the developer to come back with something closer to the Comprehensive Plan because according to Mr. Miklo, whose opinion Chrischilles' would value because he's experienced, sticking closer to the Plan would result in a better looking building on that corner. Dulek clarified there's no compromise. Chrischilles stated compromise is voting against it. Carlson stated she too is not against seeing this site redeveloped, it has been an eyesore for as long as she has been in Iowa City, and it is not useful and doesn't generate as much money as it could if something else was there. Getting rid of all the curb cuts would be a wonderful Board of Adjustment August 11, 2021 Page 24 of 25 addition, and having a building there, would make it more conducive to walking. She is not against redevelopment; she just doesn't believe that this particular structure right now works. Parker reminded the Board that's not what they are voting on, they are voting on whether staff has presented the material to fit the criteria. Carlson does not believe that they have. She does not believe that this building has enough unique characteristics to allow it to have the parking deduction that it's asking for. Russo also has reservations about the uniqueness of the site and there is verbiage that states something about the historic value of the site. The fact this project is going to take out that drive- thru, is there really a qualifying historic value to the site that kicks in this applicable Code. He would be much more comfortable with the project closer to the suggestions found in the guidelines of the Comprehensive Plan. A vote was taken and the motion was denied 2-3 (Parker and Pretorius assenting; Carlson, Chrischilles and Russo dissenting). Pretorius stated the motion declared denied, any person who wishes to appeal this decision to a court of record may do so within 30 days after this decision is filed with the City Clerk's Office. CONSIDER THE JULY 14, 2021 MINUTES: Russo moved to approve the minutes of July 14, 2021. A vote was taken and the motion carried 4-0 (Chrischilles abstained). BOARD ANNOUNCEMENTS: Lehmann noted now that the meetings are in person, if someone is not able to attend, he will need to talk with communications about what remote options there are. Parker will not be able to attend starting with the next meeting and will need to request an accommodation. Lehmann acknowledged they had some issues with the online packet so he will continue to try and email those and hopefully that'll work better than the new online system. He may try to use Dropbox at some point, which should allow larger transfers and larger PDF documents. ADJOURNMENT: Carlson moved to adjourn this meeting, Chrischilles seconded, a vote was taken and all approved. Board of Adjustment August 11, 2021 Page 25 of 25 BOARD OF ADJUSTMENT ATTENDANCE RECORD 2021 NAME TERM EXP. 7/14 8/11 CHRISCHILLES, GENE 12/31/2022 O/E X PARKER, BRYCE 12/31/2024 X X PRETORIUS, AMY 12/31/2023 X X CARLSON, NANCY 12/31/2025 X X RUSSO, MARK 12/31/2021 X X Key: X = Present O = Absent O/E = Absent/Excused -- -- = Not a Member The following documents were handed out during the meeting. 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You may want to review the Downtown and Riverfront Crossings Plan which you can find at: https://www8.iowa-city.org/WebLink/ElectronicFile.aspx?dbid=0&docid=l974273& As a city planner who was in the room when the Downtown and Riverfront Crossings Plan was drafted, who attended several meetings where we sought the views of the public, who met with developers and realtors to seek their input, and who was there when the plan and parking ordinances were reviewed and voted on by the Planning and Zoning Commission and City Council, I offer the following. During the planning process for downtown the public identified "lack of diverse housing" and "the perception that downtown was a `college town' only" as weaknesses and wanted to see "more non -student housing opportunities." These are concerns that we addressed in the Downtown and Riverfront Crossings Plan and the parking requirements and Parking District Fee sections of the City Code. Even before the Downtown Plan the City Council took measures to regulate student oriented housing downtown through the parking standards. Prior to 2009 there was no requirement for parking for residential uses in the downtown (CB-10 zone). When developers started to buy properties and build student housing in the core of the downtown (west of Gilbert Street, South of Iowa Avenue, east of Clinton Street and north of Burlington Street), there was a concern that student housing developers would outbid other users, including developers who wished to attract more long-term residents to the downtown. Please see the attached December 10, 2008 memo to the City Council which provides the rationale and policy for the parking standards and how they relate to student housing. There are two main points that I want to emphasize with regard to this request for a Special Exception. First and foremost, the first test for this particular Special Exception is whether the use is unique, such that it should receive special rights that other properties do not receive. There is nothing unique about student housing. In fact, it is one of the most common uses. The location, scale, and design of student housing has an outsize influence on the character and economy of Iowa City. That is the very reason that so much effort has been put into carefully crafting the parking policies in Downtown and Riverfront Crossings as detailed in the attached December 2008 memo. When the current parking requirements were established in 2009 and then revised in 2014 there was considerable discussion among staff, developers, the Planning and Zoning Commission, and City Council, with the goal of setting standards that would be in the best interests of the retail, restaurant, office, entertainment, and residential users of downtown. A conclusion of this discussion was that although student housing is allowed downtown, it should not displace opportunities far businesses and longer -term residents, which were seen as necessary for maintaining a vital community center. The Council specifically wanted to create a level playing field so that student housing did not outbid other users. Although as presented in the table under paragraph 1) of CA Ventures letter, their proposal would comply with some of the elements of the Comprehensive Plan, it falls far short of two key points of the publicly adopted vision as detailed below. In paragraph 2] CA Ventures contends that since the text of the guidelines does not specifically reference height, it is inappropriate to regulate the height through the Special Exception. When we wrote the Downtown Plan we recognized that the parking lot at Washington and Linn Streets would be one of the most important development sites and therefore paid extra attention and provided detail on how it should be developed. The Downtown Plan states, "The taller buildings on the corners should have a lower base consistent with adjacent historic buildings to make them 'feel' contextual with the rest of downtown, while also limiting the perceived height of towers! To emphasize this important point the Downtown Plan includes illustrations showing a 4-story component along Washington Street as well as along Linn Street before transitioning to a 9-story tower at the corner of the block. Nine stories was chosen to be similar to the Jefferson Hotel, the tallest historic building downtown. Could the corner tower be taller and still meet the intent of the Downtown Plan? Perhaps, but at 13 stories the applicant's proposal is 44% taller and it also has less of a step -back than what is illustrated in the Plan. The applicant's plan for a 13-story tower with minimal step -back does not fit the context of its historic neighbors and the context of downtown as envisioned in the Comprehensive Plan. In addition to not complying with this urban design principle of the Comprehensive Plan, the current proposal does not comply with an important policy of the Plan regarding the location of student housing. Page 49 of the Downtown and Riverfront Crossings Plan makes it clear that student housing should be located in the University, South Downtown, and the West River District —all of which are located adjacent to campus and south of Burlington Street —not in the heart of downtown. Again, as noted on page 15 of the Downtown Plan, citizens identified `lack of diverse housing," and "the perception that downtown was a 'college town' only" as weaknesses and wanted to see "mare non -student housing opportunities." To encourage student housing in the districts closest to campus the zoning code provides for a lower parking requirement in the University, South Downtown, and the West River District districts [.25 spaces per bedroom vs .5]. This was a strategic decision to direct high -density student housing away from the core of downtown so that downtown may continue to serve the entire community and not be primarily student orientated. A developer can certainly build student housing downtown if they comply with all oode requirements, but they should not be given Special Exceptions to allow development that does not comply with the community's vision. Regarding CA Ventures paragraph 2): It is true that if the proposed development conformed with all aspects of the zoning code, they could build taller than 9 stories. But in this case the developer is asking for a Special Exception and therefore is opening up their project to denial of their application or conditions that the Board may impose to achieve compliance with the Comprehensive Plan. As specified in Section 14-413-3 A.7 Approval Criteria, when considering a Special Exception the Boards must find that "The proposed exception will be consistent with the Comprehensive Plan of the City, as amended." Again, it might be possible to find a plan that is taller than 9 stories and with less of a step -back, oonsistent with the Downtown Plan, but the applicant's proposal exceeds the illustrated height by 44%. It should also be considered that although the CB-10 zone allows consideration for taller buildings it does not guarantee that a developer can achieve the maximums. Remember that the Floor Area Ratio and height dimensions in the code are the maximum allowed, not necessarily what can be achieved on a property when viewed in the context of the other regulations. Each Special Exception should be considered on its own merits and the conditions of the property. CA Ventures' letter cites two buildings that they claim do not comply with the illustrations in the Downtown Plan as justification as to why the Plan's fundamental principles should be waived for their proposed project. Let's review the two projects that they cited. For 7 S. Linn Street the developer had requested a waiver of parking to allow a 14-story building, but the Board denied that request and limited the height of the building to 7 stories and the developer was required to pay the parking impact fee for the spaces that were waived. The scale of 7 S. Linn is considerably smaller than what is being proposed by CA Ventures. It should be noted that the size of that property makes it impossible to provide any parking on site. It really is a unique case when compared the property at 21 S. Linn Street. CA Ventures says that the Downtown Plan shows 201 E. Washington as a 12-story building but that it is built to 14 stories. The illustrations in the Plan actually show a 14- story building (see drawing on page 19). The reference to 12 stories is a typo in the text. Furthermore, the building at 201 E. Washington Street is not marketed as primarily student housing, but for more long-term residents, which is a goal of the City. As allowed by Section 14-5A-4F-1 (parking on a separate lot) the developer of 201 received a Special Exception to provide all required parking in the lower level of Plaza Towers, a nearby property which they controlled. This places a permanent obligation and covenant on those spaces. This Special Exception was found to meet the intent of the parking requirements and the Plan, essentially making a level playing field so that non -student oriented housing could compete for the limited space available downtown. These two examples should not be used to justify the applicant's current plan, which clearly does not comply with the Comprehensive Plan or meet the Special Exception criteria of having unique characteristics such that the number of parking spaces required is excessive. In paragraph 3) CA Ventures points out the Downtown Plan does not show any parking for the subject property at 21 S. Linn Street and claims that only a 50% reduction of parking may be requested by Special Exception and therefore it would be impossible to develop the subject property according to the Comprehensive Plan. When we wrote the Downtown Plan we discussed that increased development would lead to the need for more parking both on private property and in public parking facilities. To respond to this increased demand the Plan contemplated development of a Parking District system by which developers could pay a fee in lieu of providing parking on their property [although the details of the system and the percent of parking reduction that would be allowed were not known at the time]. The idea being that there would be no free ride for parking: previously developers could apply for consideration of a Special Exception to provide some of their parking demand in the City's parking structures with the user paying only the price of a monthly parking permit. This concept led to adoption of the Downtown And Riverfront Crossings Parking District. Section 14-5A-4F-6 (henceforth referred to as "Section 6" - see attached zoning code section) allows for a Special Exception to reduce the number of off-street parking spaces, provided a fee is paid in lieu based on the number of parking spaces that would otherwise have to be provided. The fees are used to support the public parking system. The more parking spaces waived, the higher the fee. Up to 100°% of the parking may be waived if the parking impact fee (approximately $25,000 per space) is paid. Section 6 was used for 7 S. Linn Street. However as noted in my August 11 email there is a problem applying Section 6 to 21 S. Linn Street, as the Special Exception criteria does not allow a building listed on the National Register of Historic Places to be torn down. Rather than incorrectly use Section 14-5A-4F-7 (henceforth referred to as "Section 7") to skirt the historic building criteria of Section 6, 1 suggest that the City consider a code amendment to Section 6 to allow the redevelopment of properties containing National Register buildings only when they were built after 1960 and are shown as redevelopment sites on the Downtown and Riverfront Crossing Plan as adopted in 2013. That would allow the removal of the bank drive -through and the application of a Special Exception under Section 6, but would not threaten other historic buildings downtown. It would also allow the City to collect the substantial parking fees required by Section 6. Regardless of compliance or non-compliance with the direction provided by the Comprehensive Plan this Special Exception fails to meet the requirement that the use is unique and therefore requires less parking. Student housing is one of the most common land uses in Iowa City. The applicant's proposal is not unique. In paragraph 4) CA Ventures discusses other plans that they considered for this property, but scaled back to the current proposal when it was determined that these plans were unachievable. These previous plans should have no bearing on approval of their current proposal if it does not meet the criteria of the Section 7 regarding being a unique use that does not require the amount of parking specified in the zoning code. CA Ventures contends that a smaller project is not financially feasible for them. Perhaps the asking price of the land is too high for what can be reasonably developed here. That gets to the policy goal of the City Council when they adopted the parking standard: to level the playing field so the student -housing developers do not bid up the price of land and drive other developers from the downtown market. CA Ventures disputes my claim that use of Section 7 to reduce parking for residential uses is not the intent of the code and not consistent with the way other residential developments including those occupied by students have been treated downtown. They cite the Rise at Riverfront Crossings and the Gilbane project at 700 S. Dubuque. But neither of these projects are downtown: they are both located south of Burlington Street. And there is no record of the Rise receiving approval of a parking reduction under Section 7. The planner who reviewed the case believes that they met the parking requirement and further noted that the project included payment of fees to the Housing Trust fund and a commitment to maintain 10% of the units for affordable housing. It is true that in April of this year the Gilbane project received a Special Exception under Section 7 to reduce their parking requirement. I believe that this was an incorrect use of Section 7, which was intended for unique uses that the parking standards did not contemplate. There is nothing unique about the Gilbane when compared to other projects that have been built downtown or in Riverfront Crossings. Section 7 is intended to promote the preservation of historic buildings and to provide relief for uses that are truly unique and therefore do not demand the amount of parking required by the code. I spoke with other former Iowa City planners who recall that it has only been used rarely for residential projects, such as a substance abuse treatment program, where none of the residents were allowed to drive because their licenses had been suspended, therefore there was considerably less need for parking spaces. Regardless, my statement is correct that no other downtown residential development has been granted a Special Exception under Section 7 for having "unique characteristics." One downtown project was granted a Special Exemption under Section 7 for saving historic buildings. And when expanding beyond downtown —other than the Gilbane—all of the residential projects, including those marketed as student housing, that have been built in Riverfront Crossings have met the parking requirements (see attachment 3 for a list). Other developers have sized their buildings based on the number of parking spaces that they could provide, or have received a Special Exception (Section 14-5A-4F-1) to provide parking on a nearby property, or have paid Parking District Fees in lieu of parking as provided by Section 6, or have saved historic buildings. Would these developers have liked to have provided less parking and produced more units from which to collect monthly rents? Approval of this current proposal would be unfair to developers who have followed the rules. Summary: Redevelopment of the parking lot and drive -through bank building at 21 S. Linn Street would be a benefit to the downtown. But the proposed development should conform to the community's vision for the downtown as illustrated in the Downtown and Riverfront Crossings Plan. Incentives and waivers should not be granted to a non- compliant development. This proposal does not have unique characteristics required by Section 7 such that the number of parking spaces required is excessive in relation to otherhousing developments. This development should be treated the same as other downtown projects and should provide the parking established by code (already at a reduced rate) or pay fees in lieu of parking. Robert Miklo Attachment 1: December 10 Memo to City Council Attachment 2: Section 14-5A-4F-6 (Section 6) and Section 14-5A-4F-7 (Section 7) Attachment 3: Downtown and Riverfront Crossings residential uses including student housing developments built according to 2009 and 2014 parking standards City of i®wa City MEMORANDUM ---___ Date: December 10, 2008 To: City Council From: Karen Howard, Associate Planner RE: Proposed amendments to the parking requirements in the C8-10 Zone - City Council request for revisions At your meeting on November 18, the Council considered recommendations forwarded by the Planning and Zoning Commission to establish minimum parking requirements for residential apartments in the Central Business (CB-10) Zone. After public discussion, the Council requested that the proposed parking requirements be further refined by staff and the Planning and Zoning Commission to address some concerns. In particular, the Council was concerned that the parking requirements as proposed would discourage renovations of existing buildings downtown, if owners wanted to convert vacant or underutilized space on the upper floors to apartments or condominiums. Some also expressed a concern that the parking ratio of one parking space per bedroom for efficiency and one -bedroom apartments was too high for the CB-10 Zone, particularly if we want to encourage development of smaller apartments. In addition, the following important points were raised during the public hearing and Council discussion: The City subsidizes downtown development by providing parking in conveniently located structures, which helps preserve land for stores, offices, and restaurants while maintaining the pedestrin-oriented, main street character of the downtown. While the parking spaces within the municipal facilities are intended primarily for customers and employees of downtown businesses, there is some capacity within the system for long term leases for downtown residents. However, the City's parking system is not designed to provide for and subsidize large-scale residential projects. When the downtown parking system was conceived 30 years ago, large- scale residential projects were not contemplated. • Providing adequate parking dedicated for residents is important when trying to attract long term residents to live downtown.. While one of the benefits to living downtown may be the ability to reduce reliance on the automobile, many people will still own a car and need a place to park that is convenient to their residence. The absence of a parking requirement for residential uses in the CB-10 Zone, gives student apartment developers a market advantage over developers wanting to build apartments and condominiums for long term residents. For students the lack of a parking space is a temporary inconvenience, whereas for those contemplating living downtown on a permanent basis, the lack of a dedicated parking space may cause them to search elsewhere for a residence. • There was general agreement on the Council that for new, large-scale residential projects providing some dedicated parking on -site for residents is necessary to prevent spillover parking in surrounding neighborhoods, to reduce pressure on the uecemoer iu, zuun Page 2 public parking system, and to level the playing field for developers wanting to build apartments and condominiums for long term residents downtown. Planning and Zoning Commission recommendation: To address the goals and concerns stated above, the Planning and Zoning Commission recommends: Reducing the recommended requirement for efficiency and one -bedroom apartments from one parking space per apartment to 0.5 parking spaces per apartment. Eliminating the parking requirement for the first ten bedrooms in existing buildings. This change will allow owners of existing buildings to convert vacant or underutilized space on the upper floors to apartments or condominiums without having to provide parking. Allowing developers to apply for a special exception to provide 100% of the required parking spaces within municipal parking structures, regardless of how far the parking facility is from the apartment building, if spaces are available for long term parking. There was much discussion between Commission members about the long term implications of allowing a significant amount of residential parking in city parking facilities. A number of commissioners expressed concern about the implications that this policy would have for the availability of parking for downtown businesses. There was general agreement that continuing to allow parking for residential uses within city parking facilities would require a commitment on the part of the City to expand the parking system in the Central Business District as the downtown grows. Easing the current restriction on above -ground structured parking. Currently, above- ground structured parking is only allowed if a development has a floor area ratio (FAR) of at least 7. There are currently no buildings in the downtown that have achieved an FAR of 7, so the current standard, in effect, prevents private developers from putting any parking in above -ground parking structures. Since the City already has standards in place to ensure that any above ground structure is designed in a manner that preserves space on the ground level for businesses and maintains a pedestrian -oriented streetscape, this change was viewed as a means to allow more flexibility for private developers to provide more parking on site. The proposed changes to the zoning ordinance are attached. Underlined text is new language and text shown with strikethrough notation is proposed for deletion. Cc: Michael Lombardo, City Manager .Jeff Davidson, Director of Planning and Community Development Bob Miklo, Senior Planner Attachment 2: Section 14-5A-4F-6 (Section 6) 6. Downtown And Riverfront Crossings Parking District: For qualifying development as set forth below, the number of required on site parking spaces may be reduced in order to facilitate said development according to the provisions of this subsection. a. Qualifying Development: To qualify for a parking reduction under this subsection, the proposed development: (1) Must be located in the downtown and Riverfront Crossings parking district; (2) Must not result in the demolition of a property that is designated as an Iowa City landmark, registered on the National Register of Historic Places, or individually eligible for the National Register of Historic Places; and (Ord. 14-4586, 6-3-2014) (3) Must include uses, elements or features that further housing, economic development, or other goals of the comprehensive plan, including the downtown and Riverfront Crossings master plan. (Ord. 16-4675, 9-20-2016) b. Parking District Boundaries: Properties described below shall be considered part of the Downtown and Riverfront Crossings Parking District: (1) Properties located within the area bounded by Burlington Street on the south, Van Buren Street on the east, Iowa Avenue on the north, and Capitol Street on the west. For purposes of this subsection, this area shall be referred to as the Central Business District; and (2) Properties zoned South Downtown Subdistrict (RFC -SD), University Subdistrict (RFC-U), and Central Crossings Subdistrict (RFC-CX) that are located north of the Iowa Interstate rail line. c. Reduction Of The On Site Parking Requirement: (1) For qualifying development, the off street parking requirement may be reduced by up to fifty percent (50%), provided a fee is paid in lieu based on the number of parking spaces that would otherwise have to be provided. (2) For qualifying development where it is infeasible to provide at least fifty percent (50%) of the required parking on site due to specific qualifying site constraints as noted below, a developer may request a special exception to reduce the parking requirement by up to one hundred percent (100%), provided a fee is paid in lieu of each parking space not provided on site and the following review and approval criteria are met. The Board of Adjustment will review such a request according to the following approval criteria: (A) Convincing evidence has been presented that it is not feasible to provide at least fifty percent (50%) of the required residential parking on site due to a lack of alley access, a lot width narrower than sixty feet (60% a lot orientation that makes it infeasible to provide on site parking and meet storefront depth requirements of the zone, or other unique circumstance; and (B) The proposed project will be designed in a manner that is sensitive and complementary to adjacent properties designated as Iowa City landmarks, registered on the National Register of Historic Places, or individually eligible for the National Register of Historic Places. See subsection 14-3C-3C, "Design Review Guidelines", of this title for guidance on the factors to be considered to comply with this standard. This standard is not intended to impose any particular architectural style, but rather to foster a harmonious rhythm and proportion of building elements along a street frontage and ensure that differences in mass and scale are mitigated through facade articulation and upper story stepbacks; and (C) The proposed project will be designed in a manner that will contribute to the pedestrian oriented, urban character of central Iowa City as envisioned in the downtown and riverfront crossings master plan. d. Payment Of Fee In Lieu Of Required Parking: (1) Where the City has allowed up to a fifty percent (50%) reduction in the parking requirement, the developer shall pay a fee for each space otherwise required in the amount of seventy five percent (75%) of the estimated cost of constructing a structured parking space. (2) Where a special exception has been granted reducing the parking requirement by more than fifty percent (50%), the developer shall pay a fee in lieu of the provision of each space otherwise required in the amount of ninety percent (90%) of the estimated cost of constructing a structured parking space. (3) The estimated cost of a structured parking space is twenty four thousand dollars ($24,000.00) in 2013 dollars. This fee shall be adjusted annually based on the national historical cost indexes contained in the most recent edition of "Engineering News Record", as amended. In the event the national historical cost index is negative in any edition, the fee shall remain at the amount previously set under this paragraph. (Ord. 14-4586, 6-3-2014) (4) The City shall calculate and assess the entire fee upon issuance of a building permit. The fee payor shall pay the entire fee prior to the issuance of the building permit. (Ord. 19-4779, 2-19-2019) (5) All fees paid shall be deposited in the Downtown and Riverfront Crossings Parking District Restricted Fund, as set forth in this subsection. Monies held in the Restricted Fund, including any accrued interest, shall be used for the purpose of acquiring land for and constructing public parking facilities located in the Downtown and Riverfront Crossings Parking District. (6) In the event that bonds or similar debt instruments are issued for the acquisition or construction of the aforementioned property, infrastructure or facilities within the Parking District, monies held in the Restricted Fund may be used to pay debt service on such bonds or similar debt instruments. Attachment 3: List of Downtown and Riverfront Crossings residential uses including student housing developments that have been built according to 2009 and 2014 parking standards 201 Washington Street (parking provided on nearby property) 7 S. Linn Street (parking district fee paid) 404 E. College Street 435 S. Linn Street 225 Prentiss Street 509 - 589 S. Dubuque Street 602 S. Dubuque Street 620 S. Dubuque Street 628 S. Dubuque Street 707 S. Dubuque Street 912 - 914 S. Dubuque Street (preservation of historic Tate Arms) 1131 S. Gilbert Street 1201 S. Gilbert Street 1141 S. Gilbert Street 1121 S. Gilbert Street 1301 S. Gilbert Street 316 S. Madison Street 629 S. Riverside Drive 627 Orchard Court